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CC Ordinance 2150ORDINANCE NO. 21so BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ADDING CHAPTER 5.45 AND AMENDING CHAPTER 8.12 OF THE CAMPBELL MUNICIPAL CODE REGARDING FIREARM REGULATIONS The City Council of the City of Campbell finds: 1. In 2006, 3,253 people died from firearm-related injuries in California and 4,305 other people were treated for non-fatal gunshot wounds;2 2. Federal regulation of firearms dealers and ammunition sellers is currently inadequate to protect the public safety; 3. Although federal law requires firearms dealers to obtain a license from the Bureau of Alcohol, Tobacco, Firearms & Explosives ("ATF"),3 ATF does not have the resources or authority to properly oversee the more than 100,000 firearms dealers, manufacturers, collectors and others that it licenses ("FFLs");4 4. ATF reported in 2007 that it inspects each FFL, on average, only once every 17 years;5 5. Between 1975 and 2005, ATF revoked, on average, fewer than 20 federal firearms licenses per year;b 6. ATF faces numerous obstacles that limit its ability to enforce the law; for example, ATF may conduct only one unannounced inspection of each FFL per year, the burden of proof for ATF's prosecution and revocation of licenses is extremely high, serious violations of firearms law have been classified as ~ California Dept of Health Servs., Epidemiology & Prevention for Injury Control Branch (EPIC), EPICenter California Injury Data Online, Fatal Injury Data Custom Data Tables (2009), at http://www.applications.dhs.ca.~ov/epicdata/content/TB fatal.htm. ~ California Dept of Health Servs., Epidemiology & Prevention for Injury Control Branch (EPIC), EPICenter California Injury Data Online, Nonfatal Injury Data Custom Data Tables (2009), at http://www.applications.dhs.ca.gov/epicdata/content/tb nonfatal.htm. s 18 U.S.C. § 922(a)(1)(A). a The U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives provided the total number of federal firearms licensees as of November 8, 2007. s Mayors Against Illegal Guns, The Movement of Illegal Guns in America: The Link between Gun Laws and Interstate Gun Trafficking 18, December 2008, available at: www.mayorsagainstille~guns.org/downloads/pdf/trace report final pdf. 6 Brady Center to Prevent Gun Violence, Shady Dealings, Illegal Gun Trafficking From Licensed Gun Dealers 23 (Jan. 2007), available at: http://www.bradycenter.orF/xshare/pdf/reports/shady-dealings.pdf. In 2006, ATF increased its total revocations to 131. Id. misdemeanors rather than felonies, and ATF has historically been grossly understaffed; 7. The Office of the Inspector General has concluded that inspections by ATF are not fully effective for ensuring that FFLs comply with federal firearms laws;8 ATF has found that FFLs are a major source of trafficked firearms. In June of 2000, ATF issued a comprehensive report of firearms trafficking in this country. That report analyzed 1,530 trafficking investigations during the period July 1996 through December 1998, involving more than 84,000 diverted firearms.9 ATF found that FFLs were associated with the largest number of trafficked guns -over 40,000 -and concluded that "FFLs' access to large numbers of firearms makes them a particular threat to public safety when they fail to comply with the law;"10 9. During fiscal year 2007, ATF found over 30,000 firearms missing from licensees' inventories with no record of sale;" 10. In 1998, ATF found that 56% of randomly inspected dealers and 30% of pawnbrokers selling 50 or more guns had violated federal firearms law;12 1 1. Federal laws are silent regarding many important aspects of the dealer's business, such as its location and security requirements during business hours; 12. According to a 1998 ATF random sample of FFLs nationwide, 56% of all dealers operated out of their homes, and 33% were located in businesses that are not usually associated with gun sales, such as funeral homes or auto parts stores;'s Id. at 24-26. a Office of the Inspector General, Evaluation and Inspections Division, U.S. Department of Justice, Inspection of Firearms Dealers by the Bureau of Alcohol, Tobacco, Firearms and Explosives i (July 2004), available at: ht ://www.usdo'. ov/oi /re orts/ATF/e0405/exec.htm. 9 Bureau of Alcohol, Tobacco and Firearms, U.S. Department of the Treasury, Following the Gun: Enforcing Federal Laws Against Firearms Traffickers ix (June 2000), available at: www.atf.g_ov/pub/fire- explo pub/pdf/followingthegun internet.pdf. 10 Id. at x. " Brady Center to Prevent Gun Violence, U.S. Gun Shops "Lost" More than 30,000 Firearms Last Year, June 17, 2008, available at: http://www.bradycampaign.ore/media/release php~release=988. 'Z Brady Center to Prevent Gun Violence, "Trivial Violations "? The Myth of Overzealous Federal Enforcement Actions Against Licensed Gun Dealers 1 (Sept. 2006), available at: www.bradycenter.org/xshare/pdf/reports/trivial-violations pdf. '3 Bureau of Alcohol, Tobacco and Firearms, U.S. Department of the Treasury, Commerce in Firearms in the United States 16 (Feb. 2000), available at: www.mayorsagainstillegal ug ns.or~/downloads/pdf/Commerce in Firearms_2000 pdf. 13. As of November 24, 2008, there were 2 043 federally licensed firearms dealers and pawnbrokers in California; 14. California is among a minority of states that impose licensing requirements on firearms dealers, but the standards are minimal;ls 15. Tthe Court of Appeals in Suter v. City of Lafayette, 67 Cal. Rptr. 2d 420, 428 (Cal. Ct. App. 1997) held that state law authorizes local governments in California to impose additional licensing requirements on firearms dealers;~b 16. FFLs are required by federal law to comply with all state and local dealer laws as a condition for retaining their federal licenses; 17. The International Association of Chiefs of Police recommends that local governments impose their own licensing requirements on firearms dealers because local requirements can respond to specific community concerns, and local review of licensees provides additional resources to identify and stop corrupt dealers; ~ s 18. A 2009 study found that cities in states that comprehensively regulate retail firearms dealers and cities where these businesses undergo regular compliance inspections have significantly lower levels of gun trafficking than other cities;' 9 19. No federal or California law imposes security requirements on firearms dealers during business hours or requires firearms dealers or ammunition sellers to install burglar alarms or surveillance cameras. California law explicitly allows local jurisdictions to impose security requirements on firearms dealers that are stricter or at a higher standard than those imposed by state law;2° 20. No federal or California law requires firearms dealers to obtain liability insurance; to The total number of federal firearms licensees in California as of November 24, 2008 was provided by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives. 15 See Penal Code §§ 12070-12071. i6 The court in Suter struck down a provision of Lafayette's ordinance imposing additional security requirements on firearms dealers. That part of the opinion has been superseded by the adoption of Cal. Penal Code § 12071(b)(15). " 18 U.S.C. § 923(d)(1)(F). 18 International Association of Chiefs of Police (IACP), Taking a Stand: Reducing Gun Violence in Our Communities 14 (Sept. 2007), available at: htt~//www theiacp org/LinkClick a~x~fileticket=%2FsOLiOkJKSQ%3D&tabid=302. 19 Daniel W. Webster et al., Effects of State-Level Farearm Seller Accountabalaty Policies on Firearms Trafficking, J. Urb. Health (July 2009). 20 Cal. Penal Code § 12071(b)(15). 21. California law requires firearms dealers to report the loss or theft of any firearm within 48 hours of discovery to the local law enforcement agency where the dealer's business premises are located, but does not otherwise require dealers to provide inventory reports to local law enforcement agencies;21 22. According to a survey of local jurisdictions in California conducted in 2000 by Legal Community Against Violence (LCAV): • 29 cities and three counties in California require firearms dealers to obtain a license or permit, • 21 cities and two counties in California require firearms dealers to obtain liability insurance, • 34 cities and four counties in California prohibit firearms dealers in residential areas; 23. A national poll conducted in March and April 2008 found that: • 91% of Americans and 88% of gun owners favor requiring gun stores to perform background checks on employees; • 86% of Americans and 83% of gun owners favor requiring gun retailers to inspect their inventories every year to report stolen or missing guns; • 88% of Americans favor requiring gun stores to keep all guns locked securely to prevent theft; and • 74% of Americans favor requiring gun retailers to videotape all gun sales;22 24. in a nationwide poll conducted in January of 2007, 86% of gun owners reported that a gun store's decision to videotape all gun sales would not impact their decision to buy a gun at that store,23 25. Federal law prohibits possession of ammunition by the same categories of persons it prohibits from possessing firearms;za 26. California law requires persons who sell, loan or transfer firearms within California to obtain a license, but does not require persons who sell, loan or transfer ammunition to do so;zs 27. The Cities of Berkeley, Los Angeles, Richmond, Sacramento, and San Francisco are among the jurisdictions that now require sellers of ammunition to obtain a license or permit; ~' Cal. Penal Code § 12071(b)(13). zz Greenberg Quinlan Rosner Research and the Tarrance Group, Americans Support Common Sense Measures to Cut Down on Illegal Guns 3, April 10, 2008, available at: http•//www mayorsag_ainstillegal~uns.org/downloads/pdf/pollin~,memo.pdf. zs Greenberg Quinlan Rosner Research & The Tarrance Group for the Mayors Against Illegal Guns, Strong Public Support for Tough Enforcement of Common Sense Gun Laws (Graphs), January 23, 2007, available at: http•//www reg enberg_research.com/articles/1849/2630 MAIGslides.pdf. za 18 U.S.C. § 922(g). zs Cal. Penal Code § 12070(a). 28. Federal and California law require licensed firearms dealers to report the loss or theft of firearms to law enforcement within 48 hours;z6 29. When a crime gun is traced by law enforcement to the last purchaser of record, the owner may falsely claim that the gun was lost or stolen to hide his or her involvement in the crime or in gun trafficking. Reporting laws provide a tool for law enforcement to detect this behavior and charge criminals who engage m rt; 30. When a person who legally owned a gun falls into a prohibited category, it is crucial that law enforcement remove the firearm from his or her possession. Reporting laws help disarm prohibited persons by detemng them from falsely claiming that their firearms were lost or stolen; 31. Existing reporting laws, like California's requirements that firearms dealers report the lost or theft of firearms and that motorists report serious automobile accidents to the Department of Motor Vehicles, demonstrate that reporting laws are not unduly burdensome. Moreover, the highly lethal nature of firearms justifies an increased level of responsibility over that required for ownership of other, less dangerous products; 32. Reporting laws protect gun owners from unwarranted criminal accusations when their guns are recovered at a crime scene, and make it easier for law enforcement to locate a lost or stolen firearm and return it to its lawful owner; 33. The extreme danger firearms pose to public safety requires a heightened level of accountability on the part of individuals who choose to own firearms. Reporting laws make gun owners more accountable for their weapons; 34. Neither federal nor California law contains any requirement that firearm owners report lost or stolen firearms; 35. Connecticut, Massachusetts, Michigan, New Jersey, New York, Ohio, and Rhode Island, and the District of Columbia, require the reporting of lost or stolen firearms; 36. Several local governments in California already require the reporting of lost or stolen firearms, including San Francisco, Sacramento, Oakland, Berkeley, Los Angeles, West Hollywood, Thousand Oaks, Simi Valley and Port Hueneme. Local ordinances often serve as catalysts for statewide policies;27 z6 18 U.S.C. § 923 (g)(6); Cal. Penal Code §§ 12071(b)(13), 12086(c)(3). 27 For example, state laws regulating junk guns and requiring trigger locks were enacted only after numerous local communities in California adopted these measures. For citations to these and other local 37. Several major cities outside of California, including Chicago, Illinois, Cleveland and Columbus, Ohio, Hartford, Connecticut, and New York, New York, also require reporting of lost or stolen firearms; 38. A December 2008 report by Mayors Against Illegal Guns (a coalition of over 300 mayors that targets illegal guns nationwide) states that lost or stolen firearm reporting laws "can help law enforcement more easily identify and prosecute gun traffickers." The report presents data showing that states that require the reporting of lost or stolen firearms export crime guns to other states at less than one-third the rate of states that do not have lost or stolen reporting laws;2g 39. Ina 2007 report, The International Association of Chiefs of Police states, "law enforcement's early awareness of every lost and stolen gun will enhance their ability to recover those guns and reduce gun violence." The report recommends that state and local governments mandate reporting of lost or stolen firearms;z9 40. A 2008 survey of Americans' attitudes toward gun violence prevention measures found almost unanimous support for requiring the reporting of lost or stolen firearms: 91 percent of all people surveyed, and 88 percent of polled gun owners favored reporting laws.30 The City Council of the City of Campbell does hereby ordain as follows: SECTION ONE: Chapter 5.45 is added to the Campbell Municipal Code as set forth in Exhibit A attached hereto; SECTION TWO: Chapter 8.12 of the Campbell Municipal Code is amended by adding sections 8.12.045, 8.12.046, 8.12.047, and 8.12.048, to read as set forth laws, see, Legal Community Against Violence, Communities on the Move: How California Communities are Addressing the Epidemic of Handgun Violence (2000), at http://www.lcav.org/library/surveys_local_ords/com2000~d£pdf. za Mayors Against Illegal Guns, The Movement of Illegal Guns in America: The Link between Gun Laws and Interstate Gun Trafficking, (December 2008), at http•//www m~orsa~ainstillegalguns o~/downloads/pdf/trace report final.pdf. States "export" a crime gun when the last purchase of record occurred in the state and the gun is later recovered at a crime scene in a different state. z9 International Association of Chiefs of Police (IACP), Taking a Stand: Reducing Gun Violence in Our Communities 16, 22 (Sept. 2007). * Where the words "Police/Sheriff," "City/County" or similar variations appear, simply select the appropriate designation for your jurisdiction. 30 Greenberg Quinlan Rosner Research and The Tarrance Group, Americans Support Common Sense Measures to Cut Down on Illegal Guns (April 10, 2008), available at http•//www mayorsagainstillegalguns org/downloads/pdf/polling memo.pdf in Exhibit B attached hereto; SECTION THREE: This Ordinance shall become effective (30) days following its passage and adoption and shall be published once within fifteen (15) days upon passage and adoption in the Campbell Express, a newspaper of general circulation in the City of Campbell, County of Santa Clara. PASSED AND ADOPTED this 20th day of september ~ 2011 by the following roll call vote: AYES :Councilmembers: Low, Kotowski, Baker NOES :Councilmembers ABSENT: Councilmembers: A T: nne Bybee, City Clerk Waterman, Cristina None AP ROVE~,~ ~' ,-~, ~- Ja on T. Baker, ayor EXHIBIT A 5.45 SALE OF FIREARMS AND AMMUNITION 5.45.010 Definitions "Applicant" means any person who applies for a law enforcement permit, or the renewal of such a permit, to sell, lease or transfer firearms, firearm components, or ammunition. "Chief of Police" means the Chief of Police or the Chief s designated representative. "Firearm" means any device, designed to be used as a weapon or modified to be used as a weapon, from which is expelled through a barrel a projectile by the force of explosion or other means of combustion, provided that the term "firearm" shall not include an "antique firearm" as defined in section 921(a)(16) of Title 18 of the United States Code. "Ammunition" means ammunition or cartridge cases, primers, bullets, or propellant powder designed for use in any firearm, and any component thereof, but shall not include blank cartridges or ammunition that can be used solely in an "antique firearm" as that term is defined in section 921(a)(16) of Title 18 of the United States Code. "Permittee" means any person, corporation, partnership or other entity engaged in the business of selling, leasing, or otherwise transferring any firearm, firearm component, or ammunition, which person or entity has obtained a law enforcement permit to sell, lease or transfer firearms, firearm components, or ammunition. To "engage in the business of selling, leasing, or otherwise transferring any firearm, firearm component, or ammunition" means to conduct a business by the selling, leasing or transferring of any firearm, firearm component, or ammunition, or to hold one's self out as engaged in the business of selling, leasing or otherwise transferring any firearm, firearm component, or ammunition, or to sell, lease or transfer firearms, firearm components, or ammunition in quantity, in series, or in individual transactions, or in any other manner indicative of trade. 5.45.020 Law enforcement permit It is unlawful for any person, corporation, partnership or other entity to engage in the business of selling, leasing, or otherwise transferring any firearm, firearm component, or ammunition within the City without a law enforcement permit, as required by this Chapter. 5.45.030 Application for permit (1) An applicant for a permit or renewal of a permit under this Chapter shall file with the Chief of Police an application in writing, signed under penalty of perjury, on a form prescribed by the City. The applicant shall provide all relevant information requested to demonstrate compliance with this Chapter, including: (a) The applicant's name, including any aliases or prior names, age and address; (b) The applicant's federal firearms license and California firearms dealer numbers, if any; (c) The address of the proposed location for which the permit is sought, together with the business name, and the name of any corporation, partnership or other entity that has any ownership in, or control over, the business; (d) The names, ages and addresses of all persons who will have access to or control of workplace firearms, firearm components, or ammunition, including but not limited to, the applicant's employees, agents and/or supervisors, if any; (e) A certificate of eligibility from the state Department of Justice under Penal Code Section 12071 for each individual identified in Sec. 5.45.030 (1)(d) demonstrating that the person is not prohibited by state or federal law from possessing firearms or ammunition; (f) Proof of a possessory interest in the property at which the proposed business will be conducted, as owner, lessee or other legal occupant, and, if the applicant is not the owner of record of the real property upon which, the applicant's business is to be located and conducted, the written consent of the owner of record of such real property to the applicant's proposed business; (g) A floor plan of the proposed business which illustrates the applicant's compliance with security provisions, as outlined in Sec. 5.45.060 of this Chapter; (h) Proof of compliance with all applicable federal, state and local licensing and other business laws; (i) The applicant's agreement to indemnify, defend and hold harmless the City, its officers, agents and employees from and against all claims, losses, costs, damages and liabilities of any kind pursuant to the operation of the business, including attorneys fees, arising in any manner out of the negligence or intentional or willful misconduct of: (1) The applicant; (2) The applicant's officers, employees, agents and/or supervisors; or (3) If the business is a corporation, partnership or other entity, the officers, directors or partners. (j) Certification of satisfaction of insurance requirements, for applicants applying for a permit to sell firearms or firearm components; (k) The date, location and nature of all criminal convictions of the applicant, if any, in any jurisdiction in the United States. (2) The application shall be accompanied by a nonrefundable fee for administering this Article as established by City Council resolution. 5.45.040 Investigation by Chief of Police (1) The Chief of Police shall conduct an investigation to determine, for the protection of the public health and safety, whether the law enforcement permit maybe issued or renewed. (2) Prior to issuance or renewal of the permit, the Chief of Police may inspect the premises to ensure compliance with this Chapter. (3) The Chief of Police shall grant or renew a law enforcement permit if the applicant or permittee is in compliance with this Chapter and all other applicable federal, state and local laws. 5.45.050 Grounds for permit denial or revocation (1) The Chief of Police shall deny the issuance or renewal of a law enforcement permit, or shall revoke an existing permit, if the operation of the business would not or does not comply with federal, state or local law, or if the applicant or permittee: (a) Is under 21 years of age; (b) Is not licensed as a dealer in firearms under all applicable federal, state and local laws; (c) Has made a false or misleading statement of a material fact or omission of a material fact in the application for a law enforcement permit, or in any other documents submitted to the Chief of Police pursuant to this Chapter. If a permit is denied on this ground, the applicant is prohibited from reapplying for a permit for a period of five years; (d) Has had a license or permit to sell, lease, transfer, purchase or possess firearms or ammunition from any jurisdiction in the United States revoked, suspended or denied for good cause within the immediately preceding five years; (e) Has been convicted o£ (1) An offense which disqualifies that person from owning or possessing a firearm under federal, state or local law, including, but not limited to, the offenses listed in Penal Code Sections 12021 and 12021.1; (2) An offense relating to the manufacture, sale, possession or use of a firearm or dangerous or deadly weapon or ammunition; (3) An offense involving the use of force or violence upon the person of another; (4) An offense involving theft, fraud, dishonesty or deceit; (5) An offense involving the manufacture, sale, possession or use of a controlled substance as defined by the state Health and Safety Code; (fj Is within a class of persons defined in Welfare and Institutions Code Sections 8100 or 8103; or (g) Is currently, or has been within the past five years, an unlawful user of a controlled substance as defined by the Health and Safety Code. (2) Where an applicant is applying for a law enforcement permit to sell, lease or transfer firearms, firearm components or ammunition within the first 90 days of the effective date of this Chapter, and where the applicant has apre-existing firearms dealer business which complies with all applicable federal, state and local laws, or is not a firearms dealer but is already engaged in the sale of ammunition: (a) The applicant's current employees, agents or supervisors may continue to have access to or control over workplace firearms, firearm components and ammunition pending the completion of the Chief of Police's investigation and background verification. (b) Where one or more of the applicant's employees, agents or supervisors are found to be no longer eligible under the provisions of this Chapter, the applicant shall have 21 days from the mailing of written notification from the Chief of Police to verify that such persons have been removed or reassigned so that they no longer have access to or control of workplace firearms, firearm components or ammunition. Failure of the applicant to comply with this subsection shall cause the Chief of Police to deny the application for a law enforcement permit. (3) The law enforcement permit of any person or entity found to be in violation of any of the provisions of this Chapter maybe revoked. (4) The Police Chief shall notify the applicant in writing of his determination to deny an application or revoke an existing application. The notice shall be sent by First Class United States Mail, postage prepaid to the applicant at the address provided by the applicant in the application. The notice shall state the reasons for the denial or revocation. 5.45.060 On-site security (1) If the proposed or current business location is to be used at least in part for the sale of firearms or firearm components, the permitted place of business shall be a secure facility within the meaning of Penal Code Section 12071(c)(2).31 (2) If the proposed or current business location is to be used at least in part for the sale of firearms or firearm components, all heating, ventilating, air-conditioning, and service openings shall be secured with steel bars or metal grating. (3) Any time a permittee is not open for business, every firearm or firearm component shall be stored in one of the following ways: (a) In a locked fireproof safe or vault in the licensee's business premises that meets the standards for a gun safe implemented by the Attorney General pursuant to Penal Code Section 12088.2; or (b) Secured with a hardened steel rod or cable of at least one-fourth inch in diameter through the trigger guard of the firearm. The steel rod or cable shall be secured with a hardened steel lock that has a shackle. The lock and shackle shall be protected or shielded from the use of a boltcutter and the rod or cable shall be anchored in a manner that prevents the removal of the firearm from the premises. No more than five firearms maybe affixed to any one rod or cable at any time. (4) Any time a permittee is open for business, every firearm shall be unloaded, inaccessible to the public and secured using one of the following three methods, except in the immediate presence of and under the direct supervision of an employee of the permittee: (a) Secured within a locked case so that a customer seeking access to the firearm must ask an employee of the permittee for assistance; 31 A "secure facility" is defined by Penal Code § 12071(c)(2) as a building that meets certain specifications, including: certain types of locks on all doorways; steel bars on all windows; and steel bars, metal grating, or an alarm system on all heating, ventilating, air-conditioning, and service openings. State law allows a firearms dealer to avoid these requirements by utilizing other security features. See Penal Code § 12071(b)(14). Penal Code § 12071(b)(15) explicitly allows local jurisdictions to impose security requirements on firearms dealers that are stricter or at a higher standard than those imposed by state law. (b) Secured behind a counter where only the permittee and the permittee's employees are allowed. During the absence of the permittee or a permittee's employee from the counter, the counter shall be secured with a locked, impenetrable barrier that extends from the floor or counter to the ceiling; or (c) Secured with a hardened steel rod or cable of at least one-fourth inch in diameter through the trigger guard of the firearm. The steel rod or cable shall be secured with a hardened steel lock that has a shackle. The lock and shackle shall be protected or shielded from the use of a boltcutter and the rod or cable shall be anchored in a manner that prevents the removal of the firearm from the premises. No more than five firearms maybe affixed to any one rod or cable at any time. (5) Any time a permittee is open for business, every firearm component, and any ammunition that is not principally for use in pistols, revolvers, or other firearms capable of being concealed upon the person, as that term is defined in Penal Code § 12001(a), shall be inaccessible to the public and secured using one of the methods mentioned in subsection (4)(a) or (b), except in the immediate presence of and under the direct supervision of an employee of the permittee.32 (6) The permitted business location shall be secured by an alarm system that is installed and maintained by an alarm company operator licensed pursuant to the Alarm Company Act, Business & Professions Code Sections 7590 et seq. The alarm system must be monitored by a central station listed by Underwriters Laboratories, Inc., and covered by an active Underwriters Laboratories, Inc. alarm system certificate with a #3 extent of protection, or system that provides a comparable level of protection.s3 (7) The permitted business location shall be monitored by a video surveillance system that meets the following requirements: (a) The system shall include cameras, monitors, digital video recorders, and cabling, if necessary. (b) The number and location of the cameras shall at a minimum, as determined by the Chief of Police, be sufficient in number and location to monitor the critical areas of the business premises, including, but not limited to, all places where firearms, firearm components or ammunition are stored, handled, sold, transferred, or carried, including, but not limited to, all counters, safes, vaults, sz Penal Code § 12061(a)(2) addresses the storage of handgun ammunition by sellers. That provision is effective January 1, 2010. See AB 962 (De Leon). "Handgun ammunition" is defined as ammunition principally for use in pistols, revolvers, or other firearms capable of being concealed upon the person, as that term is defined in Penal Code § 12001(a). Penal Code § 12060(b). ss Underwriters Laboratories, Inc. uses the term "extent of protection" to refer to the amount of alarm protection installed to protect a particular area, room or container. Systems with a #3 extent of protection include complete protection for all accessible openings, and partial motion and sound detection at certain other areas of the premises. For more information, see Central Station Alarm Association, A Practical Guide to Central Station Burglar Alarm Systems (3rd ed. 2005). cabinets, cases, entryways, and parking lots. The video surveillance system shall operate continuously, without interruption, whenever the permittee is open for business. Whenever the permittee is not open for business, the system shall be triggered by a motion detector and begin recording immediately upon detection of any motion within the monitored area. (c) In addition, the sale or transfer of a firearm, firearm component or ammunition shall be recorded by the video surveillance system in such a way that the facial features of the purchaser or transferee are clearly visible. (d) When recording, the video surveillance system shall record continuously and store color images of the monitored area at a frequency of not less than 15 frames per second.34 The system must produce retrievable and identifiable images and video recordings on media determined by the Chief of Police to be able to be enlarged through projection or other means, and can be made a permanent record for use in a criminal investigation. The system must be capable of delineating on playback the activity and physical features of persons or areas within the premises. (e) The stored images shall be maintained on the business premises of the permittee for a period not less than one year from the date of recordation and shall be made available for inspection by federal, state or local law enforcement upon request. (f) The video surveillance system must be maintained in proper working order at all times. If the system becomes inoperable, it must be repaired or replaced within fifteen calendar days. The permittee must inspect the system at least weekly to ensure that it is operational and images are being recorded and retained as required. (g) The permittee shall post a sign in a conspicuous place at each entrance to the premises that states in block letters not less than one inch in height: THESE PREMISES ARE UNDER VIDEO SURVEILLANCE. YOUR IMAGE MAY BE RECORDED. (8) The Chief of Police may impose security requirements in addition to those listed in this section prior to issuance of the law enforcement permit if the Chief of Police finds that such requirements are necessary to provide adequate security. Failure to fully comply with the requirements of this section shall be sufficient cause for denial or revocation of the law enforcement permit by the Chief of Police. sa Television in the U.S. has 30 frames per second. However, 15 frames per second is generally described as viewable, and is used in similar regulations. See, e.g., 02-392-013 Me. Code R. 6(6). 5.45.070 Liability insurance (1) If the proposed or current business location is to be used for the sale of firearms or firearm components, no law enforcement permit shall be issued or reissued unless there is in effect a policy of insurance in a form approved by the City and executed by an insurance company approved by the City, insuring the applicant against liability for damage to property and for injury to or death of any person as a result of the theft, sale, lease or transfer or offering for sale, lease or transfer of a firearm, firearm component or ammunition, or any other operations of the business. The policy shall also name the City and its officers, employees and agents as additional insureds. The limits of liability shall not be less than $1,000,000 for each incident of damage to property or incident of injury or death to a person; provided, however, that increased limits of liability maybe required by the City Counsel if deemed necessary to provide adequate coverage against potential claims. (2) The policy of insurance shall contain an endorsement providing that the policy shall not be canceled until written notice has been given to the City Manager at least 30 days prior to the time the cancellation becomes effective. (3) Upon expiration of the policy of insurance, and if no additional insurance is obtained, the law enforcement permit is considered revoked without further notice. 5.45.080 Location of business premises (1) The business shall be carried on only in the building located at the street address shown on the permit. This requirement does not prohibit the permittee from participating in a gun show or event which is authorized by federal, state and local law upon compliance with those laws. (2) The business shall not be located in any district or area zoned for residential use. 5.45.090 Inventory reports Within the first five business days of April and October of each year, the permittee shall cause a physical inventory to be taken that includes a listing of each firearm and firearm component held by the permittee by make, model, and serial number, together with a listing of each firearm and firearm component the permittee has sold since the last inventory period. In addition, the inventory shall include a listing of each firearm lost or stolen that is required to be reported pursuant to Penal Code Section 12071(b)(13). The permittee shall maintain a copy of the inventory on the premises for which the law enforcement permit was issued for a period of not less than five years from the date of the inventory and shall make the copy available for inspection by federal, state or local law enforcement upon request. 5.45.100 Display of law enforcement permit The law enforcement permit, or a certified copy of it, shall be displayed in a prominent place on the business premises where it can be easily seen by those entering the premises. 5.45.110 Issuance of law enforcement permit -- Duration (1) The Police Chief shall notify the applicant of his determination on the application within 30 days from the date that a completed application was received by him. The notice shall be sent by First Class United States Mail, postage prepaid to the applicant at the address provided by the applicant in the application. If the Police Chief denies the application, the notice shall state the reasons for the denial. (2) A law enforcement permit expires one year after the date of issuance. A permit may be renewed for additional one-year periods if the permittee submits a timely application for renewal, accompanied by a nonrefundable renewal fee established by City Council resolution. Renewal of the permit is contingent upon the permittee's compliance with the terms and conditions of the original application and permit, as detailed in this Chapter. Police department personnel may inspect the permitted business premises for compliance with this Chapter prior to renewal of the permit. The renewal application and the renewal fee must be received by the Police department no later than 45 days before the expiration of the current permit. ' (3) A decision regarding issuance or renewal of the law enforcement permit maybe appealed in the manner provided in Sec. 5.45.180 of this Chapter. 5.45.120 Nonassignability A law enforcement permit issued under this Chapter is not assignable. Any attempt to assign a law enforcement permit shall result in revocation of the permit. 5.45.130 Compliance by existing businesses A person engaged in the business of selling, leasing, or otherwise transferring any firearm, firearm component, or ammunition on the effective date of this Chapter shall, within 90 days of the effective date, comply with this Chapter. 5.45.140 Law enforcement inspections Permittees shall have their places of business open for inspection by federal, state and local law enforcement during all hours of operation. The Police department may conduct periodic inspections of the permittee's place of business without notice. Permittees shall maintain all records, documents, firearms, firearm components and ammunition in a manner and place accessible for inspection by federal, state and local law enforcement. 5.45.150 Warning regarding secondary sales A permittee shall post conspicuously within the licensed premises the following warning in block letters not less than one inch in height: WITH FEW EXCEPTIONS, IT IS A CRIME TO SELL OR GIVE A FIREARM TO SOMEONE WITHOUT COMPLETING A DEALER RECORD OF SALE (DROS) FORM AT A LICENSED FIREARMS DEALERSHIP. 5.45.160 Penalties (1) Any person violating any of the provisions of this Chapter shall be guilty of a misdemeanor. .Each such person shall be guilty of a separate offense for each and every day during any portion of which a violation of any provision of this Chapter is committed or continued by such person and shall be punishable accordingly. (2) In addition to any other penalty or remedy, the City Council may authorize a civil action to seek enforcement of these provisions. 5.45.170 Report of permit revocation to federal and state authorities In addition to any other penalty or remedy, the Police Chief shall report any person or entity whose law enforcement permit is revoked pursuant to this Chapter to the Bureau of Firearms of the California Department of Justice and the Bureau of Alcohol, Tobacco, Firearms & Explosives within the U.S. Department of Justice. 5.45.180 Hearing for permit denial or revocation (1) Within ten days of the Chief of Police mailing a written denial of the application or revocation of the permit, the applicant may appeal by requesting a hearing before the Chief of Police. The request must be made in writing, setting forth the specific grounds for appeal. If the applicant submits a timely request for an appeal, the Chief of Police shall set a time and place for the hearing within 30 days. (2) Notice of the hearing shall be sent to the applicant, at the address stated on the application, by first class mail at least five days prior to the hearing. The notice shall state the date, time and place of the hearing. At the hearing the applicant may present any relevant evidence as to why his permit should not be denied or revoked. (3) The Chief of Police shall provide a written decision regarding the appeal within 14 calendar days of the hearing by First Class mail addressed to the applicant at the address on the application. (4) An applicant may appeal the decision of the Chief of Police to the City Council within 30 days of receipt of the denial by submitting a written request for the appeal to the City Clerk. Notice of the hearing on the appeal shall be sent to the applicant, at the address stated on the application, by first class mail at least five days prior to the hearing. The notice shall state the date, time and place of the hearing. At the hearing the applicant may present any relevant evidence as to why his permit should not be denied or revoked. (5) The City shall provide a written decision on the appeal within 30 days following the conclusion of the hearing by First Class mail addressed to the applicant at the address on the application. 5.45.190 Severability clause If any section, subsection, sentence or clause of this Chapter is for any reason declared unconstitutional or invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the constitutionality, validity or enforceability of the remaining portions of this Chapter or any part thereof. The City Council hereby declares that it would have adopted this Chapter notwithstanding the unconstitutionality, invalidity or unenforceability of any one or more of its sections, subsections, sentences or clauses. EXHIBIT B 8.12.045 Reporting of Loss or Theft of Firearm It is unlawful for any person to fail to report to the Police Department the theft or loss of a firearm he or she owns or possesses within forty eight (48) hours of the time he or she knew or reasonably should have known that the firearm has been stolen or lost, if the person resides in the City of Campbell or the loss or theft occurs in the City of Campbell. Pursuant to Penal Code § 11108, the Police Department shall submit a description of each firearm which has been reported lost or stolen directly into the California Department of Justice automated property system for firearms. 8.12.046 Exceptions Section 8.12.045 shall not apply to the following persons: (1) Law enforcement officials while engaged in their official duties; (2) Members of the Armed Forces of the United States or the National Guard while engaged in their official duties; (3) Firearms dealers and manufacturers licensed under federal and state law while engaged in the course and scope of their activities as licensees. 8.12.047 False Reports No person shall report to any law enforcement officer, pursuant to section 8.12.045 of this ordinance, that a firearm has been lost or stolen, knowing the report to be false. 8.12.048 Severability If any section, subsection, sentence or clause of this Chapter is for any reason declared unconstitutional or invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity or the enforceability of the remaining portions of this chapter or any part thereof. The City Council hereby declares that it would have adopted this chapter notwithstanding the unconstitutionality, invalidity or unenforceability of any one or more of its sections, subsections, sentences or clauses.