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HomeMy WebLinkAboutRES NO 124-82RESOLUTION NO. 124-82 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD ESTABLISHING RULES AND REGULATIONS UNDER WHICH A PERMIT TO DISCHARGE A GUN WILL BE GRANTED. WHEREAS, Section 9.50.020 of the Bakersfield Municipal Code provides that the Chief of Police shall establish rules and regulations approved by the City Council establishing the conditions under which a permit to discharge a gun will be granted; and WHEREAS, the Chief of Police has established said rules and regulations as set forth herein. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield that the following Rules and Regulations for the Discharge of Firearms within the City limits of the City of Bakersfield are hereby approved and adopted: I. TYPES OF PERMITS: The Chief of Police may issue a Shooting Permit allowing the discharge of a firearm in the City of Bakersfield for the purpose of eliminating pests or for the purpose of hunting fowl. The Chief of Police may also issue Special Permits (Shooting) as provided herein. II. PERSONS TO WHOM A SHOOTING PERMIT MAY BE GRANTED: The Chief of Police may grant a Shooting Permit for discharging of firearms for the purpose of eliminating pests or hunting fowl within the City limits to any landowner, lessee, or person designated by such landowner or lessee as being in control of the land, if the Chief of Police determines that the discharge of firearms on such property will not create a hazard to adjoining property or roadways. A Shooting Permit for the purpose of hunting will only be issued for agricultural zones or open areas. III. SPECIAL PERMITS (SHOOTING): When the Chief of Police determines that there is no detriment to the public, the following Special Permits may be issued to a qualified applicant: (1) Elimination of Pests. The Chief of Police may issue a special permit, authorizing the use of firearms for the elimination of pests, to any person whom the Chief of Police determines is qualified to discharge a firearm and who also engages in the business of eliminating pests with the use of firearms on land other than land owned or leased by the applicant. The term "pests" shall include, but not necessarily be limited to, pests causing crop destruction, birds creating property damage, rats, rabbits, etc. (2) Establishment of Firing Range. The Chief of Police may issue a special permit authorizing the discharge of firearms within the City of Bakersfield to any person, club or organization for the purpose of establishing a qualified firing range. Said firing range must have proper safety features and be so located so as to minimize public danger and must follow rules and regulations as to hours of operation, as specified by the Chief of Police, so as not to be a public nuisance. Such a permit would authorize others using the facility to discharge a firearm. IV. CONDITIONS OF PERMITS: The Shooting Permit or Special Permit (Shooting) shall specify the location and the conditions under which firearms may be discharged; the period for which the permit is valid; the time during which firearms may be diSch~r.ged; the type(.$)_ of~firearr~(~S)~. And ~j~munition for which' the permit is iSS~'ed; and any other limitations the Chief of Police may deem appropriate. Under no ~ir. cumS.t~nces will hunting beauthorized by other' than shotgun wilth specified size pellets no larger than number six. V, AGENTS AND GUESTS OF PERMITTEE:. Any person to whom a shooting .permit is issued may authorize agents,'.or, if applicable,'.guests to discharge firearms upon that property for which the permit is issued, It shall be the 'obligation of the permittee'to assure that the conditions 'of the permit are not violated'. All agents or guests will have in their possession the written permission of the permittee. VI, REVOCATION OF PERMIT: In addition to the remedies provided in Section 1.40.010 of the Bakersfield Municipal Code, any violation of the conditions of any permit issued pursuant to these rules and regulations shall result in immediate revocation of the permit. VII, LIABILITY OF PERMIT HOLDER: The granting of a permit does not relieve the permittee or his agents or guests of any liability whatsoever due to negligent, careless or any'other use or misuse regarding the discharge of firearms. Furthermore, a permittee is not acting aS an agent of the City of Bakersfield. The City, its agents and employees assume no liability in the granting of such permits and make no finding as to the safety of the discharge of any firearms. VIII, DENIAL OF PERMIT: The Chief of Police may deny a permit to any person who has been convicted of a felony, who has been convicted of any crime involving the use of a weapon, who has violated any of these rules and regulations, or who is mentally or physically unfit-to handle a firearm. IX, COMPLIANCE WITH STATE AND FEDERAL LAWS: Nothing in these rules or regul.~tions shall relieve a permit holder from complying with any local, state or federal laws or +regulations. o0o I HEREBY CERTIFY that the foregoing .Resolution was passed and adopted bythe Council of the'Ci~ty~ of B~kerSfield at a regular meeting thereof held on the'27th '.day of October', .1982, by the 'following vote: AYES: COUNCILMEN: BARTON, ~,Ae.A'NS, PAYNE, RATTY, ROCKOFF, STRONG NOES: COUNCI!.M~H: .~~ ABSENT: COUi~_C.L!:,'.,5,:!! .... "~ I J~o ABSTAINING: COUNCILMEN: ~ CIT . rk of the CounCil of the City of Bakersfield APPROVED-~his==~2~Tt~i;day of October, 1982 ~ ~J,.;-.~-:- .,'.. .-, of;r_.h ' :e~-~,,~of Bakersfield CI i~y of Bakersfield