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ORDINANCE 2213 <br />AN URGENCY ORDINANCE OF THE TOWN OF LOS GATOS IMPOSING A <br />TEMPORARY MORATORIUM ON THE ESTABLISHMENT OF COMMERCIAL <br />OPERATIONS ENGAGED IN THE SALE OF FIREARMS, AMMUNITION, AND /OR <br />DESTRUCTIVE DEVICES WITHIN THE TOWN OF LOS GATOS AND <br />DECLARAING THE URGENCY THEREOF <br />WHEREAS, Government at all levels has a substantial interest in protecting the people <br />from those who acquire guns lawfully or illegally and then use them to commit crimes resulting <br />in injury or death of their victims or who use them in the commission of other coercive crimes <br />such as robbery and sexual assault. <br />WHEREAS, the sales of firearms and ammunition are not currently regulated under the <br />Los Gatos Town Code nor does it contain adequate procedures for investigating and addressing <br />the impacts of a new firearms businesses in the Town of Los Gatos, including the safety of the <br />public at large and other health, safety, and welfare impacts. <br />WHEREAS, the sale of firearms, ammunition and /or destructive devices has raised the <br />following public health, safety and welfare concerns: school safety; parks, school routes, and <br />residences in close proximity to such sales; potential negative influences of such sales on <br />children; concerns and complaints about vandalism, protests, and threats related to the existing <br />retail firearms dealer in Los Gatos. <br />WHEREAS, at the Town Council meetings on February 4, 2013 and February 11, 2013, <br />Town Council received extensive public comments for approximately five hours on the issue of <br />whether the Town of Los Gatos should consider adopting regulations concerning the business <br />operations and sales of firearms, ammunition, and /or destructive devices. While the comments <br />were divided as to those who support firearms regulations and those that do not, at the <br />conclusion of the February 11, 2013 meeting, Town Council directed Town staff to study the <br />issues raised by the community during the Council meetings. <br />WHEREAS, while the Town studies the issues requested by Town Council on February <br />11, 2013 concerning potential land use regulations of the sale of firearms, ammunition and <br />destructive devices, considerable uncertainty exists as to whether future sales of <br />firearms, ammunition, and /or destructive devices within the Town of Los Gatos will be <br />subject to new land use regulations (zoning, conditional use permit, etc.) and ultimately be in <br />conflict with the existing Town Code. Without an immediate moratorium, a new retail <br />establishment selling firearms could obtain a business license in the Town of Los Gatos within a <br />matter of a few business days, similar to the process that occurred for Templar Sports. <br />WHEREAS, other California cities adopted zoning ordinances and business regulations that <br />govern the sales of firearms and ammunition. The State of California Legislature is currently <br />considering new legislative bills this Session to further regulate the sale of firearms and <br />ammunition. The County of Santa Cruz adopted a moratorium on an urgency basis in January <br />2013 prohibiting new commercial sales of firearms and ammunition. <br />