Article 26.09 is hereby added to Chapter 26 of the Davis Municipal Code to read as follows:
26.09.010 Definitions.
For purposes of this article, the following words, terms and phrases shall have these definitions:
“Close proximity and control” means within close reach of a person so that they can gain control of the weapon before a child or unauthorized person could access the weapon.
“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 an explosion or other form 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.
“Locked container” means a locked container as defined in Penal Code Section 16850, as amended from time to time.
“Vehicle” means a vehicle as defined in California Vehicle Code Section 415, as amended from time to time.
“Residence” means any structure intended or used for human habitation, including, but not limited to, houses, condominiums, rooms, in-law units, motels, hotels, single-room occupancies, time shares and recreational and other vehicles where human habitation occurs.
“Firearm safety device” means a device other than a gun safe that locks and is designed to prevent children and unauthorized users from firing a firearm. The device may be installed on a firearm, be incorporated into the design of the firearm, or prevent access to the firearm. The device shall be listed on the California Department of Justice’s roster of approved firearms safety devices and that is identified as appropriate for that firearm by reference to either the manufacturer and model of the firearm or to the physical characteristics of the firearm that match those listed on the roster for use with the device under California Penal Code Section 23655(d), as amended from time to time.
“Trunk” means a fully enclosed compartment that is separate from the main cabin of the vehicle.
“Unattended vehicle” means that a person aged eighteen (18) or over is not present in the vehicle.
26.09.020 Safe storage of firearms in residences.
Except when carried on the person of an individual not prohibited from the ownership or possession of a firearm or when in the close proximity and control of a person not prohibited from the ownership or possession of a firearm, no person shall keep a firearm in any residence unless the firearm is stored in a locked container or the firearm is equipped with a firearm safety device.
26.09.030 Safe storage of firearms in vehicles.
(a) No person shall leave a firearm, not including handguns, in an unattended vehicle unless the firearm is stored:
- In a locked container in the locked trunk of a vehicle.
- For vehicles with four (4) or more wheels and lacking a trunk, in a locked container that is affixed or secured to the vehicle and underneath a seat, or covered, or otherwise outside of plain view from the outside of the vehicle.
- For vehicles with fewer than four (4) wheels and lacking a trunk, in a locked container that is permanently affixed to the vehicle.
(b) Notwithstanding subsections (a)(1) to (3), no person may place, store or leave a firearm, not including handguns, overnight in an unattended vehicle.
(c) This Section does not apply to the storage of handguns in vehicles and is not intended to conflict with any applicable state or federal law, including Penal Code Section 25140 relating to the storage of handguns in vehicles.
(d) This Section is intended to apply to all vehicles within the City of Davis. However, nothing in this Section shall apply to on-duty peace officers, police vehicles, federal officers, or military personnel who are acting within the scope of their authority and discharging their official duties.
26.09.040 Penalty.
(a) Any person violating any provision of this article is guilty of an infraction for each of the first two violations within a one-year period, and upon conviction thereof, shall be punished by a fine not to exceed the fine prescribed in accordance with the provisions of California Government Code § 36900(b), or successor legislation. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. Any repetition or continuation of any violation, reasonably capable of immediate correction after receipt of written or verbal notice shall constitute a separate offense and shall be punished as such.
(b) Any person violating any provision of this article for the third time within a one-year period is guilty of a misdemeanor, and shall be punished by a fine, or by imprisonment in the county jail, or by both such fine and imprisonment, not to exceed the maximum fine and/or imprisonment established in California Government Code § 36901, or successor legislation.
(c) Any person violating any of the provisions of this article may also be subject to a civil action and/or administrative penalties pursuant to Davis Municipal Code Chapter 1, Article 1.02.
(d) As an additional remedy, the violation of any provision of this article shall be deemed and is declared to be a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.
(e) Nothing in this article shall limit or preclude the enforcement of any other applicable laws or remedies relating to firearms and/or storage of firearms pursuant to state or federal law.
