Subchapter 2.09 — Safe Storage of Firearms in a Residence

The provisions of this subchapter shall apply within the jurisdictional boundaries of the Town of Colma.

[History: Ord. 803, 12/9/20]

For the purpose of this subchapter, the following words shall have the meaning set forth herein:

(a) “Firearm” means a firearm as defined in California Penal Code Section 16520.

(b) “Locked Container” means a locked container, as defined in California Penal Code, Section 16850, listed on the California Department of Justice Bureau of Firearms roster of approved firearm safety devices. For purposes of this subchapter, a locked container does not include a bag or other container made of fabric or other penetrable material, such as a regular purse, backpack, or gym bag.

(c) “Residence” means any structure intended or used for human habitation, including but not limited to, houses, condominiums, rooms, accessory dwelling units, motels, hotels, single room occupancy units, time shares, recreational vehicles, and other vehicles where human habitation occurs.

(d) “Trigger lock” means a trigger lock that is listed on the California Department of Justice’s roster of approved firearms safety devices and that is identified as appropriate for that firearm by reference to either the manufacturer and model of the firearm or to the physical characteristics of the firearm that match those listed on the roster for use with the device under California Penal Code Section 23635.

[History: Ord. 803, 12/9/20]

(a) Except when carried on the person, no person shall keep a firearm in any residence unless the firearm is stored in a locked container or is disabled with a trigger lock.

(b) To encourage reporting of lost or stolen firearms, a person who complies with California Penal Code Section 25250 by reporting the loss or theft of a firearm they own or possess to a local law enforcement agency within five days from the time they knew or reasonably should have known the firearm had been lost or stolen shall not be prosecuted for violation of subsection (a).

Safe Storage of Firearms Page 1 of 2 (December 2020)

A violation of any provision of this subchapter is an infraction, punishable as set forth in subchapter 1.05 of the Colma Municipal Code. It can also be enforced through the Administrative Citation process contained at Colma Municipal Code Section 2.01.090(c).

[History: Ord. 803, 12/9/20]

Safe Storage of Firearms Page 2 of 2 (December 2020)

Item #4

ORDINANCE NO. [X]

OF THE CITY COUNCIL OF THE TOWN OF COLMA

ORDINANCE AMENDING SUBCHAPTER 2.10 OF THE

COLMA MUNICIPAL CODE RELATING TO FIREWORKS PURSUANT TO CEQA GUIDELINES 15061(B)(3), 15307, AND 15308

The City Council of the Town of Colma does ordain as follows:

ARTICLE 1. FINDINGS, PURPOSE AND AUTHORITY.

The City Council of the Town of Colma finds:

(a) The Town of Colma (“Town”), pursuant to the police powers delegated to it by Article

XI, Section 7 of the California Constitution, has the authority to enact laws which promote the public health, safety, and general welfare of its citizens; and

(b) Pursuant to Health and Safety Code section 12541, the Town may enact an ordinance

regulating fireworks within its jurisdiction that is compatible with the State Fireworks Law (Health & Safety Code, § 12500 et seq.); and

(c) Illegal and dangerous fireworks create a significant risk of fire and cause increased

litter to be deposited into the environment, and prohibiting the use of all fireworks in the Town is necessary to deter the use of such fireworks and avoid fire risk and litter.

(d) The Town desires to enact the present ordinance to regulate the sale, use, and

discharge of fireworks, including imposing strict liability against Town residents for unlawful fireworks usage as defined and described herein, in compliance with the State Fireworks Law.

NOW, THEREFORE, the City Council of the Town of Colma does hereby ordain as follows:

ARTICLE 2. The above recitals are hereby adopted as findings of the City Council in enacting this Ordinance.

ARTICLE 3. CMC CHAPTER 2.10 AMENDED.