Monterey Park City Zoning Code
CHAPTER 21
55 FIREARM HEALTH PROTECTION ZONE
§ 21.55.010 Purpose.
This chapter is adopted in accordance with Article XI, Section 7 of the California Constitution for the purpose of protecting the most vulnerable members of the public from death or serious bodily injury resulting from use of a firearm.
(Ord. 2233 § 5, 2023; Ord. 2234 § 5, 2023)
§ 21.55.020 Definitions.
Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this chapter:
means surface area, and all measurement of distances is on the surface of the land.
means "gunsmith" or "armorer," as defined by this code, and has the same meaning as Penal Code Section 26700.
means the area within 1,000 feet of a sensitive receptor. The measurement must be made from the property line of the receptor unless the receptor building is more than 50 feet set back from the property line, in which case the measurement is made from the outline of the building footprint to 1,000 feet in all directions.
means any of the following:
A residence, including a private home, condominium, apartment, and living quarter.
An education resource, including a preschool, school maintaining transitional kindergarten, kindergarten, or any of grades one to 12, inclusive, daycare center, park, playground, university, and college. A park is an education resource if it is an area that is open to the public for outdoor recreation that is at least partially within one-quarter mile of a residence or another education resource. Only the portion of a park that is within one-quarter mile of a residence or another education resource is considered a sensitive receptor.
A community resource center, including a youth center.
A health care facility, including a hospital, retirement home, and nursing home.
Live-in housing, including a long-term care hospital, hospice, prison, detention center, and dormitory.
(Ord. 2233 § 5, 2023; Ord. 2234 § 5, 2023)
§ 21.55.030 Measuring Distances.
(A)
For the purposes of this chapter, distances are measured in feet as horizontal distance.
(B)
When distance from a sensitive receptor is measured from the property line, the measurement is from the property line directly between the sensitive receptor and the firearms dealer and from the point on the property line that is nearest to the firearms dealer.
(Ord. 2233 § 5, 2023; Ord. 2234 § 5, 2023)
§ 21.55.040 Health Protection Zone Established.
Health protection zones are established between sensitive receptors and firearms dealers. It is unlawful for any firearms dealers to be located within a health protection zone. The City Attorney is authorized to take any enforcement actions needed to enforce this prohibition in accordance with Title 4 of this code, including, without limitation, seeking judicial intervention without additional city council authorization.
(Ord. 2233 § 5, 2023; Ord. 2234 § 5, 2023)
§ 21.55.050 Conditional Use Permit Required.
A firearms dealer use may be approved within the Shopping Center Zone (S-C) upon being issued a conditional use permit by the Planning Agency in accordance with this title.
(Ord. 2233 § 5, 2023; Ord. 2234 § 5, 2023)