Ordinance 2020-01ORDINANCE NO.2020-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY AMENDING GILROY CITY CODE CHAPTER
16 TO ADD NEW SECTIONS 16.24 AND 16.25
PERTAINING TO IMITATION WEAPONS
WHEREAS, pursuant to California Constitution article XI, section 7, and the City
Charter, section 600, the City Council has the authority to enact ordinances which promote the
public health, safety and general welfare of its residents; and
WHEREAS, the City Council finds that the modification to Gilroy City Code, Chapter
16, pertaining to imitation weapons is necessary and in the interest of the health, safety and
welfare of the residents of the City; and
WHEREAS, the City Council finds that this Ordinance is not subject to the California
Environmental Quality Act ("CEQA," Public Resources Code sections 21000 et seq), because
it will not result in a direct or reasonably foreseeable indirect physical change in the
enviromnent, and it does not have the potential to result in a physical change to the
environment, directly or indirectly (Title 14, Chapter 3 of the California Code of Regulations
"CEQA Guidelines," sections 15060(c)(2) and (3)).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
Chapter 16 of the Gilroy City Code entitled the "Offenses - Miscellaneous" is hereby
amended by adding new Sections 16.24 and 16.25 to read as follows:
"16.24 Imitation Weapons — Defined.
For the purposes of this section, an imitation weapon means a replica of a firearm that is so
substantially similar in visual characteristics to an existing firearm as to lead a reasonable person
to believe that the replica is a firearm that could be operational.
16.25. Possession of Imitation Weapons.
It shall be unlawful for any person to possess or display an imitation weapon on public property,
in the public right of way, or in an area viewable from public property or the public right of
way.
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4838-4060-1261v2 ORDINANCE NO. 2020-01
CCHUk04706083
SECTION II
If any section, subsection, sentence, clause or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this ordinance. The City Council of the City of Gilroy hereby
declares that it would have passed and adopted this ordinance, and each section, subsection,
sentence, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases may be declared invalid or unconstitutional.
SECTION III
Pursuant to section 608 of the Charter of the City of Gilroy, this ordinance shall be in full force
and effect thirty (30) days from and after the date it is adopted.
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF GILROY
this 3rd day of February, 2020 by the following vote:
AYES: COUNCILMEMBERS: BLANKLEY, BRACCO, LEROE-MUNOZ,
MARQUES, TOVAR, TUCKER and VELASCO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE i A
R61Yr d Velasco, Mayor
ATT T:
uz e uzzett , Deputy City Clerk
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4 9 6 ,2 09MOMO .2AN00 I
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I, SUZANNE GUZZETTA, Deputy City Clerk of the City of Gilroy, do hereby certify
that the attached Ordinance No. 2020-01 is an original ordinance, or true and correct copy of a
City ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said
Council held on the 3rd day of February, 2020, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 4'h day of February, 2020.
Clerk of the City of Gilroy
(Seal)