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Redwood City City Zoning Code

ARTICLE 58

FIREARMS AND AMMUNITION RETAIL SALE USE

58.1 - Purpose.

This Article establishes regulations governing firearms and ammunition retail sale use, as well as the permitting requirements for such use.

(Ord. No. 1130-389, § 4(Exh. B), 8-28-23)

58.2 - Applicability.

This Article shall apply to all retail establishments that engage in firearms and ammunition retail sale use.

(Ord. No. 1130-389, § 4(Exh. B), 8-28-23)

58.3 - Definitions.

Ammunition. 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.

Child Care Center. A state-licensed facility that provides nonmedical care to children under eighteen (18) years of age on less than a twenty-four-hour basis. Child care centers include infant centers, extended day care facilities, and school-age child care centers.

Community Center. A noncommercial multipurpose meeting and recreational facility typically consisting of one (1) or more meeting or multipurpose rooms, kitchens, and/or outdoor barbecue facilities that are available for use by various groups where the public can gather for social, educational, or recreational activities.

Courthouse Square. The public plaza located on Broadway, between Hamilton Street and Middlefield Road, adjacent to the San Mateo County History Museum directly across from the Fox Theater.

Faith Based Places of Worship. A property owned or primarily operated by a religious institution that is used for the purpose of regular assembly by members of the institution.

Family Child Care Home. A small family child care home or a large family child care home.

Firearm. 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.

Firearms and Ammunition Retail Sale Use. Any business selling, leasing, or transferring any firearm or ammunition, or to hold one's self out as engaged in the business of selling, leasing, or otherwise transferring any firearm or ammunition, or to sell, lease, or transfer firearms or ammunition in quantity, in series, or in individual transactions, or in any other manner indicative of trade, including temporary retail sale uses like gun shows.

Large Family Child Care Home. A facility that provides care, protection, and supervision for seven (7) to fourteen (14) children, inclusive, including children under ten (10) years of age who reside at the home, as set forth in Health and Safety Code Section 1597.465 and as defined in implementing State regulations.

Library. Any City library, including the libraries named as follows as of the adoption of this article: the Redwood City Downtown Library, Fair Oaks Branch Library, Schaberg Branch Library, and Redwood Shores Branch Library.

Public Park. All grounds, parks, playgrounds, buildings, and public areas under the jurisdiction of any governmental agency used for park and recreation purposes.

School. Any institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This includes kindergarten, elementary school, middle or junior high school, and senior high school. This definition also includes Canada College.

Small Family Child Care Home. A facility that provides care, protection, and supervision for eight (8) or fewer children, including children under ten (10) years of age who reside at the home, as set forth in Health and Safety Code Section 1597.44 and as defined in implementing State regulations.

Youth Center. Includes any public or private facility that is primarily used to host recreation or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities, and shall have the same meaning as set forth in California Health and Safety Code Section 11353.1.

(Ord. No. 1130-389, § 4(Exh. B), 8-28-23)

58.4 - Permitted Firearms and Ammunition Retail Sale Use.

Firearms and ammunition retail sale use is prohibited except as stated below.

A.

Firearms and ammunition retail sale use is conditionally permitted as a retail use in any zoning district where the "Retail Sales, General" land use, as defined by Article 2.2, is permitted, subject to Section 58.5 (Minimum Distance Requirements) and the following:

1.

A Use Permit, pursuant to the provisions of Article 42 (Use Permits).

2.

Law Enforcement Permit, pursuant to the provisions of Municipal Code, Chapter 37, Article III (Law Enforcement Permit for Retail Establishments Selling Firearms or Ammunition).

B.

An approved Use Permit is not effective until a valid Law Enforcement Permit has been issued by the City.

(Ord. No. 1130-389, § 4(Exh. B), 8-28-23)

58.5 - Minimum Distance Requirements.

A.

Firearms and ammunition retail sale use shall not be permitted within six hundred (600) feet of any of the following, whether existing or entitled, as defined in Section 58.3:

1.

Schools.

2.

Public parks.

3.

Youth centers.

4.

Child care centers.

5.

Family child care homes (to the extent such facilities self-identify themselves to the City prior to or during the public hearing for consideration of a Use Permit).

6.

Libraries.

7.

Community centers.

8.

Faith based places of worship.

9.

Courthouse Square.

B.

Firearms and ammunitions retail sale use shall not be permitted within one thousand (1,000) feet from another retail establishment selling firearms or ammunition.

C.

Measurement of Distance. Notwithstanding any other provision in the Zoning Ordinance of Redwood City to the contrary, the required minimum distance is measured horizontally in a straight line from the closest property line of the protected use to the closest property line of the lot containing the firearms and ammunition retail sale use.

(Ord. No. 1130-389, § 4(Exh. B), 8-28-23)

58.6 - Public Notice Requirement.

In addition to providing legally required notice under State law, public notice of a use permit application for a firearms and ammunition retail sale use shall be provided to all properties within six hundred (600) feet of the proposed firearms and ammunition retail sale use location.

(Ord. No. 1130-389, § 4(Exh. B), 8-28-23)

58.7 - Violation—Penalty.

A.

Any person found to be in violation of any provision of this Article shall be subject to the enforcement remedies set forth in Article 50 of this Zoning Ordinance.

B.

Each violation of this Article and each day of violation of this Article shall be considered as separate and distinct violations thereof and the imposition of a penalty shall be as set forth in subsection A of this section for each and every separate violation and each and every day of violation.

(Ord. No. 1130-389, § 4(Exh. B), 8-28-23)

58.8 - Public Nuisance.

Any use or condition caused or permitted to exist in violation of any of the provisions of this Article shall be and is hereby declared a public nuisance and may be abated by the City pursuant to the procedures set forth in Article 50 of this Zoning Ordinance.

(Ord. No. 1130-389, § 4(Exh. B), 8-28-23)