Ordinance - 2278ORDINANCE NO. 2278
AN ORDINANCE OF THE CITY OF WEST COVINA, CALIFORNIA
AMENDING SECTION 15-32 (POSSESSION OF WEAPONS AT CITY HALL
PROHIBITED) OF ARTICLE I (GENERAL) OF CHAPTER 15
(MISCELLANEOUS PROVISIONS RELATING TO PUBLIC HEALTH AND
SAFETY), RELATING TO POSSESSION OF WEAPONS
WHEREAS, in 2008 the City Council enacted an ordinance, West Covina Municipal Code
section 15-32, prohibiting the possession of a variety of weapons at City Hall
and at public meetings by most persons, including some who would otherwise
be permitted to possess weapons at City Hall pursuant to state law, including
off -duty peace officers of other jurisdictions and retired peace officers; and
WHEREAS, in 2015 the City Council requested staff to prepare a report on the restrictions
contained in section 15-32 of its code and possible alternatives; and
WHEREAS, the City's Police Chief has evaluated the existing code restrictions and has
opined that the Council may expand the categories of those persons who may
carry weapons at City Hall and at City Meetings to include off -duty peace
officers of other jurisdictions, and retired peace officers, provided that those
persons carrying weapons check in with and identify themselves to the sergeant
at arms at any public meetings they attend; and
WHEREAS, the City Council wishes to amend Section 15-32 to exempt from its prohibition
off duty officers from other jurisdictions and retired peace officers, provided
that those who are carrying weapons at a public meeting are to check in with the
sergeant at arms at any such meeting.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION NO. 1: Section 15-32 of Chapter 15 of Article I of the West Covina Municipal
Code, is hereby amended to read as follows:
Sec. 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 V.T.C.A., Penal Code § 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
(1) or two (2) hands;
(4) Unauthorized tear gas weapon;
(5) Taser or stun gun, as defined in V.T.C.A., Penal Code § 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.
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
V.T.C.A., Penal Code, tit. 3, part 2, ch. 4.5, § 830, 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, whether on or off duty, 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.
(3) A retired peace officer who has the legal right to carry firearms or other
weapons identified in subdivision (a).
(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. Upon entering any public meeting at the City Hall of West Covina, persons
exempt under 15-32(b) who are carrying a weapon shall identify themselves to and
check in with the Sergeant at Arms.
(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 carry 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 NO. 2: The City Clerk shall certify the adoption of this Ordinance and shall cause
the same to be posted or published in the manner as required by law.
SECTION NO. 3: This ordinance shall take effect and be in force thirty (30) days from and
after the date of its passage.
PASSED, APPROVED AND ADOPTED on this 7`h day of July, 2015.
APPROVED AS TO FORM:
Kirhberly Ha# Barlow
City Attorney
/i - 'Mayor I
ATTEST:
LY1V11U34J-J.-L\.W1J ,/i �._,
City Clecl�,'
I, NICKOLAS S. LEWIS, 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 161h day of June, 2015. That
thereafter said Ordinance was duly adopted and passed at a regular meeting of the City
Council on the 7"' day of July, 2015, by the following vote:
AYES: Toma, Warshaw, Wong, Sykes
NOES: Spence
ABSENT: None
ABSTAIN: None
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Nickolas :S: Lewi -_,
City Clerk_ �'�