Ordinance - 2175ORDINANCE NO. 2175
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, ADDING SECTION 15-32 TO ARTICLE XIII
OF CHAPTER 15 OF THE WEST COVINA MUNICIPAL CODE TO
PROHIBIT THE POSSESSION OF WEAPONS IN CITY HALL
WHEREAS, pursuant to California Constitution Article XI section 7 a city may make
and enforce within its limits all local, police, sanitary and other ordinances and regulations not in
conflict with general state laws;
WHEREAS, within the past several years there have been a number of incidents both
nationally and locally where individuals carrying weapons have entered public property and
committed acts of violence against government employees and members of the public. These
locations include schools, courthouses and city halls;
WHEREAS, according to statistics compiled by the Federal Bureau of Investigations,
the Los Angeles County Metropolitan Area, which includes the City of West Covina, has the
second highest rate of murders out of the nation's 340 Metropolitan Districts, and is third in
violent crimes;
WHEREAS, the City Council of the City of West Covina desires to use the full extent of
its Constitutional power to protect City staff and members of the public from the harm posed by
individuals carrying weapons on and around the West Covina City Hall;
WHEREAS, nothing in this ordinance is designed to duplicate or conflict with California
law, create or require any local license or registration for any firearm or create an additional class
of citizens who must seek licensing or registration; and
WHEREAS, the City Council of the City of West Covina finds and determines that the
restrictions imposed by this Ordinance are necessary to protect the general health, safety and
welfare of the community.
NOW, THEREFORE, be it ordained by the Council of the City of West Covina as
follows:
SECTION 1. West Covina Municipal Code section 15-32 is hereby added to read as
follows:
See. 15-32. Possession of weapons at City Hall prohibited.
(a) Any person who brings into or possesses within the City Hall of the City of West Covina.
any of the following shall be guilty of a misdemeanor punishable by a fine of not more than one
thousand dollars ($1,000.00), by imprisonment in the city or county jail for not more than six (6)
months, or by both such fine and imprisonment:
(1) Firearm;
(2) Deadly weapon described in Penal Code section 653k or 12020;
(3) Knife with a blade length in excess of four inches, the blade of which is fixed or is
capable of being fixed in an unguarded position by the use of one or two hands;
(4) Unauthorized tear gas weapon;
(5) Taser or stun gun, as defined in Penal Code section 244.5; or
(6) Any instrument that expels a metallic projectile, such as a BB or pellet, through
the force of air pressure, CO2 pressure, or spring action, or any spot marker gun
or paint gun.
Ordinance No. 2175
Page 2
The term "City Hall" as used in this section refers to the City Hall of the City of West
Covina located at 1444 West Garvey Avenue, West Covina, California, and all property
immediately adjacent thereto that is owned and operated by the City of West Covina and shall
not include any property operated by the County of Los Angeles.
(b) Subdivision (a) shall not apply to, or affect, any of the following:
(1) A duly appointed and currently employed peace officer as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the California Penal Code who is
on -duty and carrying out official duties in the City of West Covina, any duly appointed
West Covina Police Officer whether on or off -duty, a full-time paid peace officer of
another state or the federal government who is carrying out official duties while in West
Covina, any person summoned by any of these officers to assist in making arrests or
preserving the peace while he or she is actually engaged in assisting the officer, or a
member of the military forces of this state or the United States engaged in the
performance of his or her duties.
(2) A person who has permission to possess a weapon granted in writing by the Chief
of Police of the City of West Covina or his or her authorized designee.
(c) The Chief of Police may institute the use of security devices and security measures
which, in his or her discretion, are necessary to implement the provisions of this section. Such
security devices and security measures may include, but are not limited to, the use of metal
detectors and security checkpoints to screen individuals entering City Hall.
(d) The imposition of a penalty in relation to a criminal action brought pursuant to this
section shall not prevent the commencement of an administrative or civil action in addition to
such criminal action. To that end, the penalty set forth in this section is not exclusive.
(e) Neither this section, nor the application thereof, is intended to conflict with any
California or Federal law. Rather, this section is intended to narrowly limit the number of
individuals permitted to bring or cant' weapons to and upon City Hall. Where the application of
this section to a particular individual would result in a penalty less than that provided under State
law, the violation shall be prosecuted pursuant to State law.
SECTION 2. If any part of this Ordinance, or its application to any person or
circumstance, is held to be invalid, the remainder of the ordinance, including the application or
provision to other persons or circumstances, shall not be affected and shall continue in full force
and effect. To this end, the provisions of this ordinance are severable.
SECTION 3. The City clerk shall certify to the passage and adoption of this ordinance,
causing it to be posted as required by law, and it shall be effective thirty (30) days after its
adoption.
APPROVED AND ADOPTED this 15`h day of April 2008.
Mayor Sherri Lane
Ordinance No. 2175
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1, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify
that the foregoing Ordinance was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the I" day of April 2008. That thereafter said Ordinance
was duly adopted and passed at a regular meeting of the City Council on the 151h day of April
2008 by the following vote.
AYES:
Herfert, Sanderson, Lane
NOES:
Hernandez, Touhey
ABSENT:
None
ABSTAIN:
None
City Clerk/Laurie Carrico
APPROVED AS TO FORM:
CiY Arn d Alvarez-Glasman
Y
CERTIFICATION
I, Susan Rush, Assistant City Clerk of the City of West Covina, State of California, do
hereby certify that a true and accurate copy of Ordinance No. 2175 was duly enacted and passed
by the West Covina City Council, and caused to be posted pursuant to law (G.C. 36933), at the
following locations:
West Covina City Clerk's Office (3`d floor)
Los Angeles County Public Library (West Covina Branch)
West Covina Police Department (front lobby)
Susan Ru , Assistant City. Jerk
4 Posted: f 1 b/D