Chapter 9.20


9.20.010    Discharge prohibited.

9.20.015    Possession of firearms on city property or public property in the vicinity of a school prohibited.

9.20.020    Penalty for violation.

9.20.010 Discharge prohibited.

A. It is unlawful for any person to discharge firearms, air rifles and any similar agency or weapon, of whatsoever kind, character or nature within the confines of any and all portions of the municipal limits of the city; provided, however, that the city council may, upon application as set forth in this section, grant a permit or permits to operate and conduct either a shooting gallery, trap shooting, rifle or target range to be operated or conducted within the municipal limits, and the person or persons having such permit shall not be subject to the provisions of this chapter.

B. Such permit shall be issued only upon application therefor, stating the particular place where the same is to be conducted and the hours of operation, and any such permit shall not be transferable. (Ord. 18 § 1, 1949)

9.20.015 Possession of firearms on city property or public property in the vicinity of a school prohibited.

A. Every person who brings a loaded or unloaded firearm onto, or possesses a firearm on, city property or public property in the vicinity of a school, is guilty of a misdemeanor.

B. As used in this section, the term “city property” means real property, including any buildings thereon, owned or leased by the city of Capitola, and in the city’s possession, or in the possession of a public or private entity under contract with the city to perform a public purpose.

C. As used in this section, “public property in the vicinity of a school” means any publicly owned parcel of property with a parcel line that is within one thousand feet of a parcel line of a parcel that hosts a public or private elementary school, middle school or high school.

D. As used in this section, “city property” and “public property in the vicinity of a school” do not include any “local public building” as defined in Penal Code Section 171b(c) where and when the state regulates possession of firearms in those buildings pursuant to Penal Code 171b.

E. This section shall not apply to the following:

1. A peace officer as defined in Title 3, Part 2, Chapter 4.5 of the California Penal Code (Sections 830 et seq.);

2. A guard or messenger of a financial institution, a guard of a contract carrier operating an armored vehicle, a licensed private investigator, a patrol operator, or alarm company operator, or a uniformed security guard as those occupations are defined in Penal Code Section 12031(d) and who holds a valid certificate issued by the Department of Consumer Affairs under Penal Code Section 12033, while actually employed and engaged in protecting and preserving property or life within the scope of his or her employment;

3. A person holding a valid license to carry a firearm issued pursuant to Penal Code Section 12050;

4. The possession of a firearm by an authorized participant in a motion picture, television, video, dance or theatrical production or event, when the participant lawfully uses the firearm as part of that production or event; provided, that, when such firearm is not in the actual possession of the authorized participant, it is secured to prevent unauthorized use;

5. A person lawfully transporting firearms and ammunition in a motor vehicle on a city street;

6. A federal criminal investigator or law enforcement officer; or

7. A member of the military forces of the state of California or of the United States while engaged in the performance of his or her duty. (Ord. 979 § 10, 2013)

9.20.020 Penalty for violation.

Any person violating the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not exceeding three hundred dollars, or by imprisonment for a period not exceeding one hundred days, or by both fine and imprisonment. (Ord. 18 § 2, 1949)