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HomeMy WebLinkAboutORD840ORDINANCE NO.840 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE CHAPTER 10 OFFENSES,BY ADDING A NEW ARTICLE 10-2 UNLAWFUL POSSESSION OF FIREARMS BY MINOR;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AS FOLLOWS: SECTION I IN GENERAL That the Apache Junction City Code Chapter 10 Offenses,be amended by adding a new Article 10-2 Unlawful Possession of Firearms by Minor,to read as follows: Article 10-2 Unlawful Possession of Firearms by Minor Section 10-2-1 Section 10-2-2 Section 10-2-3 Section 10-2-4 Definitions Unlawful Possession of Firearm Possession of Consent Form;Keeping of Records Forfeiture of Firearms Section 10-2-1 Definitions A."Firearm"shall mean any loaded or unloaded pistol,revolver,rifle, shotgun or other weapon which will or is designed to or may readily be converted to expel a projectile by the action of an explosive or expanding gases,except that it does not include an air rifle,air pistol,B.B.gun, or firearm in permanently inoperable condition. B."Minor"shall mean a person who is under the age of eighteen years. C."Written Consent"shall mean written approval or permission to possess a firearm,which is on a form prescribed by the Police Department,signed by the child's parent or legal guardian,and notarized,and which specifically describes the firearm as follows:(a)type;(b)manufactu- rer;(c)caliber;and (d)serial number. Section 10-2-2 Unlawful Possession of Firearm It shall be unlawful for a minor to possess any firearm within the city limits without the written consent of the minor's parent or legal guardian. Section 10-2-3 Possession of Consent Form;Keeping of Records A.The original written consent form shall be carried by the minor any time the minor is in possession of a firearm outside the minor's residence. B.The Police Department shall not maintain a file or register of executed written consent forms. ORDINANCE NO.840 PAGE 1 OF 2 Section 10-2-4 Forfeiture of Firearm ' Any firearm possessed by a minor in violation of this article may be subject to forfeiture in the same manner as authorized by Chapter 39 of Title 13,Arizona Revised Statutes. SECTION I I REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY I f any section,subsection,sentence,phrase,clause or portion of this ordinance,or any part of the code adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,such decision shall not affect the validity of the remaining portions thereof. APPROVED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 15TH DAY OF SEPTEMBER ,1992. SIGNED AND ATTESTED TO THIS 16TH DAY OF SEPTEMBER ,1992. ATTEST: e KATHLEEN CONNELLY City Clerk ,v 1"j4 X /S"6 /7h. EM11/1 GUNN 01M817 Cilly Attorney FORM: ORDINANCE NO.840 PAGE 2 OF 2 9,SUA A THOMAS DAMIANO Mayor