court of appeal calguns foundation inc., et al …division 2 calguns foundation inc., et al v....

Case Number A 136092

COURT OF APPEALSTATE OF CALIFORNIA

FIRST APPELLATE DISTRICTDIVISION 2

CALGUNS FOUNDATION INC et alv

COUNTY OF SAN MATEO

CALGUNS FOUNDATION INC et alPlaintiffs and Appellants

vCOUNTY OF SAN MATEODefendant and Respondent

APPEAL FROM THE SUPERIOR COURT OF SAN MATEO COUNTY

HONORABLE V RAYMOND SWOPE III PRESIDING JUDGECase No CIV 509185

APPELLANTSrsquo OPENING BRIEF

Donald E J Kilmer JrCA State Bar No 179986

Law Offices of Donald Kilmer APC1645 Willow Street Suite 150

San Jose California 95125Vc 408264-8489 Fx 408264-8487

E-Mail DonDKLawOfficecom Counsel for Plaintiffs-Appellants

CERTIFICATE OF INTERESTED ENTITIES OR PERSONS Cal Rules of Court rules 8208 8488wwwcourtinfocagov

Form Approved for Optional UseJudicial Council of California

APP-008 [Rev January 1 2009]

of 1

Notice Please read rules 8208 and 8488 before completing this form You may use this form for the initial certificate in an appeal when you file your brief or a prebriefing motion application or opposition to such a motion or application in the Court of Appeal and when you file a petition for an extraordinary writ You may also use this form as a supplemental certificate when you learn of changed or additional information that must be disclosed

There are no interested entities or persons that must be listed in this certificate under rule 8208

Interested entities or persons required to be listed under rule 8208 are as follows

(2)

(5)

(1)

(4)

(3)

Full name of interestedentity or person

Nature of interest(Explain)

TO BE FILED IN THE COURT OF APPEAL

FOR COURT USE ONLY

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name State Bar number and address)

FAX NO (Optional)

CERTIFICATE OF INTERESTED ENTITIES OR PERSONS

APPELLANTPETITIONER

APPELLATE DISTRICT DIVISION Court of Appeal Case Number

RESPONDENTREAL PARTY IN INTEREST

Superior Court Case Number

TELEPHONE NO

E-MAIL ADDRESS (Optional)

ATTORNEY FOR (Name)

COURT OF APPEAL

APP-008

1 This form is being submitted on behalf of the following party (name)

The undersigned certifies that the above-listed persons or entities (corporations partnerships firms or any other association but not including government entities or their agencies) have either (1) an ownership interest of 10 percent or more in the party if it is an entity or (2) a financial or other interest in the outcome of the proceeding that the justices should consider in determining whether to disqualify themselves as defined in rule 8208(e)(2)

Date

X(SIGNATURE OF PARTY OR ATTORNEY)(TYPE OR PRINT NAME)

(Check one) INITIAL CERTIFICATE SUPPLEMENTAL CERTIFICATE

2 a

b

Continued on attachment 2

CIV 509185

Calguns Foundation Inc et al

County of San Mateo

(408) 264-8489 (408) 264-8487

Donald Kilmer (Bar 179986)Law Offices of Donald Kilmer APC1645 Willow Street Suite 150San Jose CA 95125

DonDKLawOfficecomCalguns Foundation Inc and Gene Hoffman Plaintiffs

Donald Kilmer

January 2 2013

A136092

X

Calguns Foundation Inc and Gene Hoffman

X

First 2

LexisNexisreg Automated California Judicial Council Forms

Table of ContentsTable of AuthoritiesiiIntroduction1Procedural History2Nature of Action | Question Presented2Statement of Appealability 3Standard of Review3Statement of Facts5Discussion7

A The Ordinance is Statutorily Preempted9B Fiscal v City amp County of San Francisco 9 Is Fatal to the OrdinanceC SMO sect 353 is an Implied Repeal of sect 36208013

Conclusion17Certificate of Word Count18Certificate of e-File with Supreme Court 18Certificate of Interested Entities or PersonsattachedProof of Serviceattached

Appellantsrsquo AppendixTable of State Regulations and Other Counties Appendix 1San Mateo Ordinance sect 368 et seqAppendix 26San Mateo Ordinance sect 353 et seq Appendix 43

-i-

Table of AuthoritiesFederal CasesDistrict of Columbia v Heller 554 US 570 (2008)7 16Kachalsky v County of Westchester (2nd Cir 2012)7

2012 US App LEXIS 24363 McDonald v City of Chicago 130 SCt 3020 (2010)716Moore v Madigan (7th Cir 2012) 7 2012 US App LEXIS 25264 Peruta v County of San Diego 79 Circuit Court of Appeals Case No 10-56971th

Richards v Prieto (Yolo County) 79 Cir Court of Appeals Case No 11-16255th

California CasesCJL Const Inc v Universal Plumbing 518 CalApp4th 376 22 CalRptr2d 360Credit Managers v Countrywide Home Loans (2006) 4144 CalApp4th 590 593 50 CalRptr3d 259Curcini v County of Alameda (2008) 3164 CalApp4th 629 79 CalRptr3d 383Daar v Yellow Cab Co (1967) 367 Cal2d 695 63 CalRptr 724 Evans v City of Berkeley (2006) 338 Cal4th 1 40 CalRptr3d 205Fiscal v City and County of San Francisco (2008)2 9158 Cal App 4th 895

-ii-

Grinzi v San Diego Hospice Corp (2004) 4120 Cal App 4th 72 14 CalRptr3d 893Hudis v Crawford (2005) 3125 CalApp4th 1586 24 CalRptr3d 50Kasler v Lockyer 23 Cal 4th 472 (2000)16Pacific Palisades Bowl Mobile Estates LLC v 15City of Los Angeles 55 Cal 4 783 805 (2012)th

Platt v Coldwell Banker (1990) 4217 CalApp3d 1439 266 CalRptr 601Sacramento Brewing v Desmond Miller et al (1999) 475 CalApp4th 1082 89 CalRptr2d 760Saunders v Cariss (1990) 4224 CalApp3d 905 274 CalRptr 186Schifando v City of Los Angeles (2003) 431 Cal4th 1074 6 CalRptr3d 457Walker v Allstate Indem Co (2000) 577 CalApp4th 750 92 CalRptr2d 132

Statutes OrdinancesGovernment Code sect 530712 8 Labor Code sect 17218Penal Code sect 626915Penal Code sect 25400 25850 363501Penal Code sectsect 26150 - 26225passimSan Mateo County Ordinance sect 363passimSan Mateo County Ordinance sect 353passim

-iii-

Introduction The State of California prohibits both the concealed andopen carrying of unloaded handguns in public CA PenalCode sectsect 25400 and 26350 It also prohibits the carrying ofany loaded gun in public Penal Code sect 25850 Instead California has created a statutory permitprocess for exercising the right of self-defense with a loadedconcealed handgun by authorizing county sheriffs and chiefsof police to issue a ldquolicense to carry a pistol revolver orother firearm capable of being concealed upon the personrdquo CA Penal Code sectsect 26150 - 26225 A person applying for such a license must convince asheriff or chief of police that

(1) The applicant is of good moral character (2) Good cause exists for issuance of the license (3) The applicant is a resident of the county or a city

with the county or the applicantrsquos principal placeof employment or business is in the county or acity within the county and the applicant spends asubstantial period of time in that place ofemployment or business

(4) The applicant has completed a course of trainingas described in Section 26165

CA Penal Code sectsect 26150 26155 This case is a challenge to a San Mateo County ordinancethat purports to nullify negate or otherwise override thisstate law with respect to these licenses for self-defense whenthat licensee enters a county park or recreational area

-1-

Procedural History A verified complaint was filed on or about October 202011 A non-substantive dismissal as to one of the originalplaintiffs was filed on April 16 2012 [SupCt Case File Vol 1 pages 3 and 158] A demurrer was filed by the County of San Mateo Thedemurrer was opposed by the plaintiffs A reply brief wasfiled by the County and supplemental briefs were filed byboth parties pursuant to court order [SupCt Case FileVol 1 pages 25 27 100 162 168 176 181] The trial court entered an order sustaining the demurrerwithout leave to amend and entered judgment in favor theCounty on July 10 2012 [SupCt Case File Vol 1 pages198 201 202 207] A timely notice of appeal was filed by the plaintiffs onJuly 31 2012 [SupCt Case File Vol 1 page 210]

Nature of the Action | Question Presented The complaint sought only injunctive and declaratoryrelief as to the County of San Mateorsquos power to enact anordinance that outlawed the possession of firearms withoutexception in county parks and recreational areas The specific question presented is

Does California Government Code sect 53071 andthis Courtrsquos opinion in Fiscal v City and Countyof San Francisco (2008) 158 Cal App 4th 895

-2-

preempt cities and counties from interfering withstate issued licenses that specifically permit thecarrying of concealable firearms in public for thepurpose of self-defense

Statement of Appealablity An order sustaining a demurrer that terminates theaction is an immediately appealable final judgment [A]norder of dismissal is to be treated as a judgment for thepurposes of taking an appeal when it finally disposes of theparticular action and prevents further proceedings aseffectually as would any formal judgment Daar v YellowCab Co (1967) 67 Cal2d 695 699 63 CalRptr 724 728 Hudis v Crawford (2005) 125 CalApp4th 1586 1590 24CalRptr3d 50 52 fn 4

Standard of Review On appeal from a judgment of dismissal after a demurreris sustained without leave to amend appellate courtsassume the truth of all facts properly pleaded by theplaintiff-appellant Evans v City of Berkeley (2006) 38Cal4th 1 5 40 CalRptr3d 205 208 Schifando v City ofLos Angeles (2003) 31 Cal4th 1074 1081 6 CalRptr3d 457460 Curcini v County of Alameda (2008) 164 CalApp4th629 633 79 CalRptr3d 383 387 fn 3 (citing text) Likewise the reviewing court accepts as true all factsthat may be implied or inferred from those expressly allegedCurcini v County of Alameda supra (citing text) Marshall

-3-

v Gibson Dunn amp Crutcher (1995) 37 CalApp4th 13971403 44 CalRptr2d 339 343 Relevant matters that were properly the subject ofjudicial notice may be treated as having been pled SeeEvans v City of Berkeley supra 38 Cal4th at 5 40CalRptr3d at 208 Schifando v City of Los Angeles supra31 Cal4th at 1081 6 CalRptr3d at 460 An appellate court can itself take judicial notice of suchmatters Sacramento Brewing Co v Desmond Miller ampDesmond (1999) 75 CalApp4th 1082 1085 89 CalRptr2d760 762 fn 3 Notwithstanding erroneous or confusing labels attachedby the pleader appellate courts will examine the complaintsfactual allegations to determine whether they state a causeof action on any available legal theory Saunders v Cariss(1990) 224 CalApp3d 905 908 274 CalRptr 186 188 seealso Grinzi v San Diego Hospice Corp (2004) 120 Cal App4th 72 85 14 CalRptr3d 893 902 There is reversible error if facts were alleged showingentitlement to relief under any possible legal theory Plattv Coldwell Banker Residential Real Estate Services (1990)217 CalApp3d 1439 1444 266 CalRptr 601 603 Pure questions of law are subject to independent reviewsuch as application of the law to undisputed (or presumedtrue) facts Credit Managers Assn of Calif v Countrywide

-4-

Home Loans Inc (2006) 144 CalApp4th 590 593 50CalRptr3d 259 260 ndash de novo review where factsundisputed and propriety of order sustaining demurrerturns on issue of federal preemption Walker v AllstateIndem Co (2000) 77 CalApp4th 750 754 92 CalRptr2d132 135 CJL Const Inc v Universal Plumbing 18CalApp4th 376 383 22 CalRptr2d 360 364 ndash if facts arenot in dispute appellate court can determine as matter oflaw whether declaratory relief is proper remedy

Statement of Facts PlaintiffAppellant Gene Hoffman has a valid license tocarry a concealable firearm issued by the Sheriff of SanMateo County pursuant to California Penal Code sectsect 26150 -26225 He is also member (and officer) of the co-plaintiffCalguns Foundation Inc [SupCt Case File Vol 1 pg 3] DefendantRespondent San Mateo County haspromulgated and presumably enforces an ordinance whichprohibits ndash without relevant exception ndash the possession offirearms and deadly weapons in any county park orrecreational area San Mateo Ordinance (SMO) sect368080(o) [Appendix page 34]1

A separately filed Request for Judicial Notice of the relevant San Mateo1Ordinances will be filed concurrently with the Appellantsrsquo Opening Brief pursuantto Rules of Court 854 8252 8809 and 1 AppDistR 9 10 The text of thestordinances are included in the Appendix to this brief for convenience -5-

Violations of Chapter 368 are a misdemeanor SMO sect368010 There is a general exception to Chapter 368 foremployees of the San Mateo County Parks and RecreationDepartment or the San Francisco Water Department orother public officials acting within the scope of theirauthorized duties and concession activities as long as theyotherwise comply with all other laws SMO sect 368020 [Appendix page 27] Curiously ndash unless they can somehow be defined aspublic officials ndash it would appear that the ordinanceforbids the possession of weapons by law enforcementpersonnel andor military personnel (whether on or off duty)unless they are also employees of San Mateo CountyDepartment of Parks and Recreation andor the SanFrancisco Water Department The ordinance itself does notdefine public official PlaintiffAppellant Hoffman has enjoyed the parks andrecreational areas of San Mateo County in the past andhopes to do so in the future His entry into the countysparks and recreational areas does not diminish the goodcause he has for the licensed carrying of a firearms inpublic for self-defense purposes Furthermore dangerouswild animals are known to inhabit the Countys parks andrecreational areas including but not limited to mountainlions Mountain lions have been known to attack humans

-6-

and small animals sometimes causing great bodily injuryandor death [SupCt Case File Vol 1 page 3] Subject to Judicial Notice are the following additionalfacts SMO sect 368080(o) et seq appears to have been lastamended on or about December 1 1998 [Appendix page 36] Also subject to Judicial Notice is the existence of SMO sect353 et seq which purports to regulate the possession offirearm on all County property It appears to have beenenacted on or about December 17 2002 [Appendix page 43]

Discussion Several cases are pending the in the Ninth Seventh2 3

and Second Circuit Courts of Appeals relating to whether4

the Second Amendmentrsquos ldquoright to [] bear armsrdquo for thepurpose of self-defense extends beyond the home Seegenerally District of Columbia v Heller 554 US 570 (2008)and McDonald v City of Chicago 130 SCt 3020 (2010)

There are currently two cases pending in the Ninth Circuit Court of2Appeals relating to California law Richards v Prieto (Yolo County) Case No11-16255 and Peruta v County of San Diego Case No 10-56971 The caseswere argued and submitted on December 6 2012 The Court in Moore v Madigan 2012 US App LEXIS 25264 (7 Cir3 thIll Dec 11 2012) found that the right did extend beyond the home but stayed itsdecision to give the state legislature an opportunity to enact a licensing scheme The Court in Kachalsky v County of Westchester 2012 US App LEXIS424363 (2 Cir NY Nov 27 2012) found that the right did not extend beyond thendhome -7-

This case does not tread upon that particular mine-field This case assumes that the State may condition the exerciseof a fundamental right on a showing of good cause goodmoral character and a demonstration of proficiency inhandling firearms in order to obtain a license to carry afirearm outside of the home for purposes of self-defense PlaintiffAppellant Hoffman has such a license issued bythe San Mateo County Sheriff pursuant to Penal Code sectsect26150 - 26225 Conflicting and contradictory countyordinances nullify that license upon entry into a San MateoCounty Park andor Recreational Area SMO sect 368080(o)contra SMO sect 353030(c) for county-owned property Appellants contend that sect 368080 is preempted byCalifornia Government Code sect 53071 which states

It is the intention of the Legislature tooccupy the whole field of regulation of theregistration or licensing of commerciallymanufactured firearms as encompassed by theprovisions of the Penal Code and such provisionsshall be exclusive of all local regulations relatingto registration or licensing of commerciallymanufactured firearms by any politicalsubdivision as defined in Section 1721 of theLabor Code

California Labor Code sect 1721 defines political subdivisionto include any county city district public housingauthority or public agency of the state and assessment orimprovement districts

-8-

It is undisputed that Penal Code sectsect 26150 et seq is astate licensing regime It is found in Chapter 4 License toCarry a Pistol Revolver or Other Firearm Capable of BeingConcealed Upon the Person Said Chapter is found inDivision 5 Title 4 Part 6 of the California Penal Code

A The Ordinance is Statutorily PreemptedThe plain language of Penal Code sect 26150 et seq

refers to the state sanctioned and locally issued permit forthe carrying of concealed firearms as a license Theequally plain language of Government Code sect 53071preempting political subdivisions from intruding on theStates prerogatives with regard to firearm licenses ndash shouldbe enough authority for this Court to reverse the decision ofthe trial court and instruct it to enter an order overrulingthe demurrer and thus permit the case to move forward

B Fiscal v City amp County of San Francisco

is Fatal to the Ordinance

The following passage is directly on point from Fiscal vCity and County of San Francisco (2008) 158 Cal App 4th895 at 909

While we have thus far focused on therelationship between state law and section 3sban on handgun possession on ones privateproperty it is important to note that section 3

-9-

regulates in a much broader field than justprivate property Section 3 prohibits both publicand private handgun possession and thuseffectively displaces numerous state lawsallowing private citizens to possess handguns forself-protection and other lawful purposes As thetrial court noted [t]he statute books containalmost one hundred pages of unannotated stategun laws that set out a myriad of statewidelicensing schemes exceptions and exemptionsdealing with the possession and use ofhandguns We provide a brief overview of just afew of the state statutes dealing with publichandgun possession

Penal Code section 12050 provides thatupon a showing of good cause any law-abidingresponsible adult can obtain a license to carry aconcealed handgun Even without a licensePenal Code sections 120255 and 12031subdivision (j)(2) create special exceptionswhereby people who have been threatened andwho have obtained restraining orders may carryloaded and concealed handguns Penal Codesections 12027 subdivision (a) and 12031subdivision (b)(1) allow civilians to possessconcealed and loaded handguns when summonedby police to assist police in making an arrest or topreserve the peace Penal Code section 12031subdivision (k) permits possession of a loadedgun when making a citizens arrest Penal Codesection 12031 subdivision (j)(1) allows possessionof a loaded firearm when a person has areasonable belief that he or she is in immediategrave danger and the firearm is necessary toprotect person or property

-10-

Certain classes of persons while engaged inlegitimate activities are exempted from theoperation of most of the statutory prohibitionsgoverning handgun possession including lawenforcement agencies and officers (see eg PenCode sectsect 12027 subd (a)(1)(A) 12201 subds (a)(b) 12287 subds (a)(4) (5) 12302 12031 subd(b) including retired peace officers [Pen Code sect12027 subd (a)(1)(A)] and the military [PenCode sect 12280 subds (e) (f)(1)])

Additionally special exemptions and licensesare granted to certain individuals in the privatesector including the private security industry(Pen Code sect 12031 subds (b)(7) (d)(1)-(6))entertainment industry professionals (Pen Codesectsect 12072 subd (a)(9)(B)(vi) 120262 subd(a)(1)(8) 12305 subd (a)) members of gun clubs(PenCode sectsect 12027 subd (f) 120262 subd(a)(2)) and private investigators (Pen Code sect12031 subd (d)(3)) Any legal firearm may bepossessed in public for hunting or shooting at atarget range or going to or from these placesones home and business and certain otherrecognized activities (Pen Code sect 120262 subd(a)(3) (9))

The broad language of Government Codesection 53071 prohibiting all local regulationsrelating to registration or licensing of firearmsindicates that the state has an interest instatewide uniformity of handgun licensing(Italics added) In finding Government Codesection 53071 expressly preempted Prop H thetrial court pointed out that the ordinance had thepractical effect of revoking or otherwiseinvalidating existing state licenses including

-11-

those permitting the possession of handguns Thetrial court went on to conclude that [a] localregulation that invalidates existing licenses butdoes not affirmatively create new licensingschemes relates to the states regulatory schemeof licensing firearms and consequently isexpressly preempted by Government Codesection 53071 We agree

While the City emphatically argues that PropH is a proper response to crime because it isaimed at criminals who use handguns in thecommission of their unlawful acts the Citysarguments fail to acknowledge that the ordinancewill affect more than just criminals It will alsoaffect every City resident who has not throughsome demonstration of personal disability orirresponsibility lost his or her right to possess ahandgun Although a precise assessment of theimpact of this ordinance is difficult to gaugebecause the ordinance has never been enforcedat a minimum section 3 of Prop H wouldinvalidate all licenses possessed by City residentsto carry a concealed weapon issued under PenalCode section 12050 and it would prohibit thepossession of handguns by City residents even ifthose residents are expressly authorized by statelaw to possess handguns for self-defense or otherlawful purposes

If the preemption doctrine means anything itmeans that a local entity may not pass anordinance the effect of which is to completelyfrustrate a broad evolutional statutory regimeenacted by the Legislature Section 3 of Prop Hstands as an obstruction to the accomplishmentand execution of the full purposes and objectives

-12-

of the legislative scheme regulating handgunpossession in this state For that further reasonit is preempted (Sherwin-Williams Co v City ofLos Angeles supra 4 Cal4th at pp 897-898[local legislation is preempted if it is inimical toaccomplishment of the state laws policies])

Anything Appellants could dare to add to that analysiswould merely clutter this brief with surplusage

C SMO sect 353 is an Implied Repeal of sect 363080(o) SMO sect 363080(o) ndash regulating parks and recreationalareas ndash was last amended in December of 1998 [Appendixpage 36] SMO sect 353 ndash regulating county-owned land ndash was enacted in December of 2002 [Appendix page 43] Thelatter ordinance contains exactly the exception thatPlaintiffAppellants would be seeking by way of injunctionandor declaratory relief ldquoA person holding a valid license tocarry a firearm issued pursuant to Penal Code section12050rdquo SMO sect 353030(c) 5

Set forth in the Appendix to this brief is a table of stateand county firearm regulations relating to the discharge andpossession of firearms in parks and recreational areas[Appendix pages 1 to 25] State parks and most of the 58 counties in Californiaeither default to state law or have express exceptions to

Recognizing of course that 12050 has been renumbered 5-13-

firearm possession for persons licensed to carry firearms bystate law or the ordinances have general exceptions forpurposes of self-defense A handful of the counties appear to have ordinances thatdirectly conflict with state law by purporting to give Boardsof Supervisors and Park Directors the power to issuepermits for carrying firearms in parks and in public(Calaveras Del Norte Glenn and Kings) Some counties ndash including San Mateo ndash have duplicateand confusing ordinances that overlap as to the places wheretheir firearm ordinances ndash and therefore the exceptions ndashare applicable eg unincorporated areas county parkscounty-owned and managed land (Lassen Marin NapaSan Diego San Francisco and San Mateo) Curiously some counties that prohibit possession offirearms in all parks never-the-less have exceptions for thedischarge of a firearm in self-defense (Los Angeles OrangeRiverside Sacramento San Luis Obispo and SantaBarbara) Only eight counties have park regulations against thepossession of firearm in their parks with no exceptionseven for self-defense (Fresno Imperial Madera MariposaMerced Santa Clara Santa Cruz and Tehama) It is well settled law that a court will not absent anexpress declaration of legislative intent find an implied

-14-

repeal of an earlier statute by a latter enacted statuteunless the statutesordinances are ldquoirreconcilable clearlyrepugnant and so inconsistent that the two cannot haveconcurrent operationrdquo underline added for emphasisPacific Palisades Bowl Mobile Estates LLC v City of LosAngeles 55 Cal 4 783 805 (2012)th

SMO sect 363080(o) fits neatly within the exception to thedoctrine that courts will not make a finding of impliedrepeal because1 There is no rational basis for making a finding that all

of county-owned land (including both urban andwilderness areas) can be exempt from a general ban onpossession of carrying a firearm except for thosepersons with a state issued license (SMO sect353030(c)) but that county parks and wildernessareas are somehow so sensitive that only county andwater district employees along with undefined publicofficials are exempt from a general ban on carryingfirearms in San Mateorsquos parks and recreation areas(SMO sect 368020) Even Californiarsquos ldquoGun-Free SchoolZones Act of 1995rdquo has an exception for any personcarrying a firearm in a school zone ldquowhen the person isexempt from the prohibition against carrying aconcealed firearm pursuant to Section 25615 2562525630 or 25645rdquo CA Penal Code sect 6269(c)(4)

-15-

2 Given the statersquos preemption statute as embodied inGovernment Code sect 53071 and the relevant case lawSMO sect 368080(o) is both repugnant to andirreconcilable with the later enacted SMO sect353030(c)

3 Finally the inconsistencies within San Mateo Countyrsquosordinances along with the generalized inconsistenciesamong many of Californiarsquos other counties makes itmore likely that the older ordinances are vestigialrather than conscious policy choices This argument iseven more compelling given that most of these countyordinances were enacted under a CaliforniaConstitution that has no analogue to the SecondAmendments right to keep and bear arms Kasler vLockyer 23 Cal 4th 472 (2000) Now that a SecondAmendment right of self-defense is applicable to thestates through the Fourteenth Amendmentrsquos dueprocess clause statutory inconsistencies must give6

way to a fundamental rights analysis even if thatfundamental right is licensed

Therefore applying even a rational basis test let alonethe heightened scrutiny that should be required for afundamental right SMO sect 368080(o) falls within the case

District of Columbia v Heller 554 US 570 (2008) and6McDonald v City of Chicago 130 SCt 3020 (2010) -16-

law exceptions to statutory construction and it was thereforeimplicitly repealed by SMO sect 353030(c)

Conclusion Mr Hoffman and his institutional co-plaintiff are notseeking an unrestricted unregulated right to carry anyfirearm for any purpose into San Mateorsquos parks andrecreational areas Nor are they seeking a radicalinterpretation of the constitutional right of self-defense inthis case What they are seeking is a common-sense approach to alicensed fundamental right It makes no sense for a law-abiding person ndash vetted by a county sheriff for good causegood moral character and adequate training ndash to be deniedthe use of a state-wide license for carrying a firearm in self-defense when he wants to enter San Mateorsquos parks andrecreation areas The decision of the trial court should be reversed Thedemurrer should be overruled and the case permitted toproceed to trial or alternate resolution

Respectfully Submitted on January 2 2013

_____________________________________Donald Kilmer Attorney for Appellants

-17-

Certificate of Word CountThe text of this brief consists of 3677 words as counted

by the Corel WordPerfect X-5 word-processing program usedto generate the brief Dated January 2 2013

_______________________Donald Kilmer for Appellant

Certificate of Service on California Supreme CourtI declare that I am employed in the County of Santa

Clara California I am over the age of eighteen years andnot a party to this action My business address is 1645Willow Street Suite 150 San Jose CA 95125

On January 2 2013 I served an electronic copy of theAPPELLANTSrsquo OPENING BRIEF on the CaliforniaSupreme Court pursuant to Appellate Rule of Court8212(c)(2)(A)

I declare under penalty of perjury under the laws ofthe State of California that the forgoing is true and correctand that this declaration was executed in San Jose CA onJanuary 2 2013

___________________________Donald Kilmer

-18-

California Park Regulations and County Ordinances Related to the Licensed Carrying of Firearms in State Parks

County-Owned Land andor County Parks

STATE LAW REGULATIONS

LawRegulationOrdinance ExemptionsExceptions and Notes

California Department of Parks andRecreation Regulation 14 CCR sect 4313 [Appliesin all state parks and wilderness areas]

Sub-section (b) of this regulations exempts ldquo[]use of weapons permitted by law []rdquo ndash it isunclear from the regulation whether theexemption is solely for hunting on lands open forhunting

COUNTY ORDINANCES REGULATIONS

Alameda County Ordinance sect 912120 is ageneral prohibition of the possession offirearms on county property including andexempting (some) county parks

Sub-section (F) contains several exceptionswhich includes any person with a valid statelicense to carry a concealed firearm pursuant toPenal Code sect 12050 [Renumbered sectsect 26150 -26225]

Alpine County Ordinance sect 916 regulates use(but not possession) of firearms in restrictedareas

NA This County appears to default to state law withregard to licensed possession of a firearm

Appellants Appendix Page - 1

Amador County Ordinance sect 972 regulatesuse (but not possession) of weapons withincertain zones Possession of firearms at theCounty Airport ndash Westover Field ndash isrestricted sect 1244210


Butte County Ordinance sect 169 makes itunlawful to discharge a firearm in any park orplayground owned or controlled by the county Possession is not regulated


Calaveras County Ordinance sect 1220 et seqregulates the possession of firearms in thecountyrsquos recreation areas sect 1220210 makesit unlawful to possess a firearm in a countypark unless possession is pursuant to awritten permit by park manager

Note Calaveras Countyrsquos ordinances are subjectto the same state-law preemption analysis asthis case

Colusa County Ordinance sect 12-1 et seqprohibits carrying firearms in county parksbut specifically exempts firearms carriedpursuant to ldquovalid permit issued by a dulyauthorized government authorityrdquo from itsweapon control ordinances



Contra Costa County Ordinance sect 44-4 et seq

Restricts possession by minors and prohibitsdischarge except in accordance with law

NAThis County appears to default to state law withregard to licensed possession of a firearm

Del Norte County Ordinance sect 948010appears to require a permit to carry aconcealable firearm throughout the countythat must be issued by the countyrsquos board ofsupervisors with the concurrence of the sheriffand district attorney

Note Del Norte Countyrsquos ordinances are subjectto the same state-law preemption analysis asthis case

El Dorado County Ordinance sectsect 940 and 944et seq regulate the possession of firearms byminors and the use of firearms sect 946240prohibits the possession of ldquo[] any gunfirearm or weapon while in a park []rdquo ndash butappears to be directed to the regulation ofhunting and trapping

Sub-section (E) of sect 946220 exempts any ldquo[]reserved activity under any other federal stateor local law or regulationrdquo This would appearto be an acknowledgment that El DoradoCountyrsquos ordinances may be preempted by statelaw including any possession licensed by stateissued permits

Fresno County Ordinance sectsect 1316 and 1324et seq prohibits the possession andordischarge of any firearm on county-owned ormaintained grounds and buildings and parks

Note Fresno Countyrsquos ordinances are subject tothe same preemption analysis as this case


Glenn County Ordinance sect 10040 et seqprohibits the possession of firearms within anyunincorporated area where the use of firearmsis prohibited by signs posted by the GlennCounty Board of Supervisors

Section 10040030 appears to exempt peaceofficers and persons or agencies operating undera license or permit issued by the Glenn Countyboard of supervisors To the extent that thisordinance appears to usurp the power of thesheriff to issue permits in accordance with statelaw Glenn Countyrsquos ordinance is preempted

Humboldt County Ordinance sect271-5 prohibitspossession of weapons for hunting in countyparks and sect 271-6 regulates the possession offirearms in the Mad River County Park

With respect to sect 271-6 sub-section (b) exemptspersons carrying a weapon pursuant to PenalCode sect 12050 [Renumbered sectsect 26150 - 26225]Furthermore sect 915-3 specifically states thatcounty ordinances relating to firearms are notintended to conflict with state law

Imperial County Ordinance sectsect 1108020 and1232180 prohibits possession of a firearms inany county park unless unloaded and fullyencased andor pursuant to conditionsdesignated by the director of county parks

Note Imperial Countyrsquos ordinances are subjectto the same preemption analysis as this case

Inyo County Ordinance sect 928040 prohibitsthe discharge (but not possession) of anyfirearm in a safety zone unless in defense ofhisher person or property



Kern County Ordinance sect 920010 and920030 prohibits the discharge (but notpossession) firearm in grossly negligentmanner and in county parks

Section 920010(c) states that the discharge offirearms continues to be governed by state andfederal law thus implying that Kern Countyordinances are preempted by state law

Kings County Ordinance sect 16-20(a)(7) forbidsthe possession of any firearm in any countypark

Note The same section exempts ldquo[] anyperson or group which has prior approval byresolution or contract with the board ofsupervisorsrdquo To the extent that this ordinanceappears to usurp the power of the sheriff toissue permits in accordance with state lawKings Countyrsquos ordinance is preempted

Lake County Ordinance sect 8-2 prohibits thepossession of any firearm in any county park

Section 8-7 exempts the discharge (whichimplies possession) of firearms in the HighlandSprings Area if written permission is obtainedby the sheriff of Lake County To the extentthat a state license issued by the sheriff of LakeCounty constitutes written permission to carryin all county parks rather than just theHighland Springs Area Lake Countyrsquosordinances might not be preempted by state law


Lassen County Ordinance sectsect 912030912032 912034 and 912036 prohibit thedischarge of firearms in designated areaswhich include county parks Lassen CountyOrdinance sect 912010 prohibits use andpossession in a designated area described inthe ordinance without further explanation


Note Parts of Lassen County Ordinance912010 are preempted by state law

Los Angeles County Ordinance sect 1704620prohibits the possession and discharge of anyfirearm in any county park except fordesignated areas presumably referring tocounty managed shooting ranges

Ordinance sect 1366010 does not prohibit thedischarge of any firearm when necessary toprotect life or property or to destroy or kill anypredatory or dangerous animal

To the extent that this general exceptionoverrules specific park regulations it wouldappear that Los Angeles County recognizes thatstate issued licenses preempt county ordinances

Otherwise Los Angeles Countyrsquos ordinances aresubject to the same preemption analysis as thiscase


Madera County Ordinance sect 992010 prohibitsthe possession of any firearm in the LakeMadera Recreational Area The onlyexemptions are for peace officers reservesheriff or a member of a posse under the directcontrol of the sheriff sect 992020 Ordinance sect994 et seq prohibits discharge of firearms inparks and other designated areas with similarexemptions

Note Madera Countyrsquos ordinances are subject tothe same preemption analysis as this case

Marin County Ordinance sectsect 650 et seq isvirtually identical to the ordinance in AlamedaCounty However other ordinances sectsect0202090 656050 903070 02 and1003070 prohibit the possession of anyfirearm in any land designated as a MarinOpen Space county park lands managed bycertain departments in Marin County and allparks specifically designated as Marin CountyParks However these ordinances appear toduplicate and therefore conflict with sect 650 et

seq

Section 650050 contain the exceptions tofirearm possession on county property sub-section (d) exempts any person with a valid statelicense to carry a concealed firearm pursuant toPenal Code sect 12050 [Renumbered sectsect 26150 -26225]

Note Marinrsquos various overlapping confusingand duplicative county ordinances may besubject to preemption and a due processchallenge with respect to persons with validstate licenses to carried concealed weapons


Mariposa County Ordinance sect 1216060(F)prohibits the possession of firearms in theLake McClure and Lake McSwain recreationareas

Note Mariposa Countyrsquos ordinances are subjectto the same preemption analysis as this case

Mendocino County Ordinance sectsect 1408020and 1428030 prohibits the discharge (but notpossession) of any firearm in any recreationarea andor county park


Merced County Ordinance sect 1028040prohibits the possession of any firearm in anycounty park or recreation area

Note Merced Countyrsquos ordinances are subject tothe same preemption analysis as this case

Modoc County Ordinance ndash This Countyrsquosordinances were not available online However the Sheriffrsquos website lists therestrictions on carrying a firearm pursuant toa license issued by his office and the onlyrestrictions appear to be prohibitions oncarrying a firearm on school groundscourthouses the State Capitol and groundssecure airport areas and polling locations httpwwwmodocsheriffusccwtermshtml



Mono County Ordinance sect 1064 et seq

prohibits the discharge (but not possession) offirearms in designated areas which includecounty parks The code contains exceptionsldquowhen it may be necessary [] to protect lifefor propertyrdquo

Mono Ordinance sect 1064060 states that thecountyrsquos ordinances are not intended to restrictstate law regulating the discharge of firearms

Otherwise this County appears to default tostate law with regard to licensed possession of afirearm

Monterey County Ordinance sect 1412120prohibits the possession of any firearm in anycounty park

Note Monterey Countyrsquos ordinances are subjectto the same preemption analysis as this case

Napa County Ordinance sect 1208030(a)(17)prohibits the possession of any firearm in theBerryessa Lake and Park area without a validconcealed weapons permit Curiously sect1216030(J) prohibits the possession offirearms in the Lake Hennessey and ConnDam picnic areas without exception

Note Naparsquos inconsistent exception for personswith valid concealed weapons permits in someparks but not others may be legislativeoversight otherwise some of Naparsquos ordinancesare subject to the same preemption analysis asthis case

Nevada County Ordinance sect G-VII 127prohibits the discharge (but not possession) offirearms on or into any property owned by theCounty of Nevada including parks

Sub-section (D) expressly exempts discharge indefense of life or property otherwise NevadaCounty appears to default to state law


Orange County Ordinance sect 2-5-37 prohibitsthe possession of any firearm in any parkbeach or recreational area under thejurisdiction of the county Curiously theprohibited discharge of firearms even inrestricted areas contains an exception whennecessary to protect life or property sect 3-2-1

Note Orange Countyrsquos inconsistent exceptionsfor self-defense conflict with its generalprohibition in parks therefore Orange Countyrsquos ordinances are subject to the same preemptionanalysis as this case

Placer County Ordinance sect 920020(F)prohibits the discharge (but not possession) offirearms in county-owned or county-operatedparks

Placer County Ordinance sect 920020 exemptsldquoprivate citizens acting in defense of persons orpropertyrdquo ndash otherwise Placer County appears todefault to state law

Plumas County Ordinance sect 5-701 prohibitsthe possession of firearms at the countyfairgrounds without prior authorization fromthe sheriff Furthermore Plumas Countydesignates all public streets and public placewithin the county as a ldquoprohibited areardquo

Plumas County Ordinance 5-705 provides anexception pursuant to Penal Code sect 12031(under the old numbering system) whichspecifically exempts persons licensed to carryunder Penal Code sect 12050 [Renumbered sectsect26150 - 26225]


Riverside County Ordinance sect 920010 et seqis a general firearms ordinance Restrictingthe carrying and discharge firearms in certaingeographically designated areas

sect 1228010(B)(19) is a county park regulationthat only prohibits the discharge (but notpossession) of firearms

General Ordinance sect 920080 exempts anyperson using a firearm in the lawful defense ofhimself or herself another person or property

To the extent that this general exceptionoverrules specific park regulations it wouldappear that Riverside County recognizes thatstate issued licenses preempt county ordinances

Sacramento County Ordinance sect 93660prohibits the possession and discharge of anyfirearm in any county park

sect 940 et seq is a general firearm ordinancethat restricts discharge of firearms to certaingeographical areas within the unincorporatedcounty

sect 990030 prohibits the discharge (but notpossession) of firearms in the SacramentoRegional County Sanitation District located inany unincorporated territory of the County

sectsect 93660 and 990030 only exempt peaceofficers designees of the Director of Parks andemployees of the Sanitation District

sect 940070 of the general (county-wide) firearmordinance exempts ldquothe use of a firearm []necessary for the protection of life or property[]rdquo

To the extent that this general exceptionoverrules specific park regulations it wouldappear that Sacramento County recognizes thatstate issued licenses preempt county ordinances


San Benito County Ordinance sect1923005(A)(5) prohibits the possession offirearms in the San Justo ReservoirRecreation Area

Note San Benito Countyrsquos ordinances aresubject to the same preemption analysis as thiscase

San Bernardino County Ordinance sect280307(n) is a general use regulation thatprohibits the possession and discharge of anyfirearm in any regional parks (except thePrado Tiro Shooting Range)

Section 280301(b) of the Countyrsquos Regulationsapplicable to Regional Parks states that there isno intent to ldquo[] amend modify or supercedeany provisions of Federal or State law []

To the extent that this general exceptionoverrules specific park regulations it wouldappear that San Bernardino County recognizesthat state issued licenses preempt countyordinances otherwise this Countyrsquos parkregulations are subject to the same preemptionanalysis as this case


San Diego County Ordinance sect 33102prohibits the possession of any firearm on anyridersrsquo or hikersrsquo trails without exception

Section 33109 prohibits the possession of anyfirearm on any premises owned or leased bythe County

Section 41117 prohibits the possession of anyfirearm in any county park without exception

Section 33109(c) exempts any person exemptedby State law This appears to be a recognition ofstate law preemption for persons licensed tocarry concealed weapons pursuant to state law

Note San Diego Countyrsquos inconsistentexceptions conflict with its general prohibitionin parks and trails therefore the Countyrsquos ordinances are subject to the same preemptionanalysis as this case

San Francisco County Ordinance sectsect 31(B) and401(b) defines as ldquoDisorderly Conductrdquo thecarrying of any firearm in any county park

Ordinance sect 3600A et seq known asProposition H ndash banned the sale manufacturedistribution and possession of handguns wasstruck down by Fiscal v City and County of

San Francisco (2008) 57 Cal App 4th 895

Ordinance sect 4500 et seq [Firearms andWeapons Violence Prevention Ordinance]extensively regulates firearm possession

While sect 4502 generally prohibits the dischargeof any firearm within the City and County ofSan Francisco sect 4506(a)(3) exempts any ldquoPersonin lawful possession of a firearm [] who [is]expressly and specifically authorized by federalor state law to discharge said firearm [] undercircumstances present at the time of discharge

While confusing and possibly subject to a dueprocess challenge on that basis it would appearthat San Francisco recognizes the preemptiveeffect of concealed carry permits issued understate law


San Joaquin County Ordinance sectsect 2-8003 andMH-4-1200(t) prohibits the possession offirearms in county parks except as otherwiseauthorized by law

San Joaquinrsquos General Deadly WeaponOrdinance sect 4-2000 et seq specifically exemptsweapons carried pursuant to a valid permitissued by a duly authorized governmentalauthority sect 4-2000(1)

San Luis Obispo County Ordinance sect 735 et

seq is a general ordinance which prohibits thedischarge (but not possession) of firearms onor into highways and public places in theunincorporated areas of San Luis ObispoCounty

sect 1104180 prohibits the possession of anyfirearm in any county park

sectsect 735050 and 735070 set forth exceptions forself-defense and when necessary to killpredatorydangerous animals

To the extent that this general exceptionoverrules specific park regulations it wouldappear that San Luis Obispo County recognizesthat state issued licenses preempt countyordinances otherwise this Countyrsquos parkregulations are subject to the same preemptionanalysis as this case


San Mateo County Ordinance sect 352 et seq isthe Countyrsquos general ordinances relating tofirearms sect 352020 generally prohibits thedischarge (but not possession) of firearm in allunincorporated areas of San Mateo

sect 353 et seq prohibits the possession of anyfirearm or ammunition on San Mateo CountyProperty 1

sect 368080(o) et seq prohibits the possession2

of firearms in County Parks and RecreationAreas without exception

sect 352030(b) sets forth an exception fordischarge of a firearm in lawful defense of selfthird persons andor the userrsquos property

sect 353030 lists the exceptions for possession offirearms on county property including anexception for a person holding a valid license tocarry a firearm issued pursuant to Penal Code sect12050 [Renumbered sectsect 26150 - 26225]

Despite the exception for licensed carrying andpossession of firearms on county property setforth above San Mateo has maintainedthroughout this litigation that it has the powerto forbid the licensed carrying and possession offirearms in its parks and recreation areas

This ordinance is virtually identical to the Alameda County Ordinance 1

This is the ordinance at issue in this case 2


Santa Barbara County Ordinance sect 14A is theCountyrsquos general firearm ordinance Itprohibits the discharge (but not possession) inunincorporated areas of the county and someparks

sect 24-13 prohibits the discharge (but notpossession) of firearms in the CachumaRecreational Area

sect 26-64 of the Countyrsquos Parks and RecreationOrdinance prohibits the possession of anyfirearm in any county park except for peaceofficers

sect 14A-9 sets forth an exemption to protect life orproperty or to destroy or kill an predatory ordangerous animal

To the extent that the general exceptionoverrules specific park regulations it wouldappear that Santa Barbara County recognizesthat state issued licenses preempt countyordinances otherwise this Countyrsquos parkregulations are subject to the same preemptionanalysis as this case


Santa Clara County Ordinance sect B-14-311prohibits the possession andor discharge ofany firearm in any County park unless at theCounty operated shooting range

sect B13-7 prohibits the possession of any firearmon any land ownedoperated by the SantaClara County Valley Water District Exceptions for peace officers persons acting inthe course and scope of employment by theCounty the State and United States

sect B13-11 prohibits the discharge of anyfirearm in unincorporated territorysurrounded by an incorporated city Exceptionfor peace officers

sect B32-9 prohibits without exception thepossession and discharge of any firearm on theMatadero Creek Trails

Santa Clara Countyrsquos ordinances do not evencontain generalized exceptions for self-defense

Santa Clara Countyrsquos ordinances are subject tothe same preemption analysis as this case


Santa Cruz County Ordinance sect 828 et seq isthe Countyrsquos general ordinance regulatingfirearms It prohibits the discharge (but notpossession) of firearms in defined areas

sect 1004260 prohibits the possession anddischarge of any firearm in any county parkwith exceptions for shooting ranges or personsemployed by any city county state or theUnited States

sect 828040 sets forth exceptions for variousFederal State and local agencies and privatelandowners on their own property to eliminatepests or crop-destroying animals There is noself-defense exception

Santa Cruz Countyrsquos ordinances are subject tothe same preemption analysis as this case

Shasta County Ordinance sect 908 is generalweapon control ordinance that prohibits thedischarge (but not possession) of firearmswithin one mile of the Vista House at ShastaDam



Sierra County Ordinance sect 804710 prohibitsthe discharge of any firearm on or into anytransfer station or sanitary landfill site

As part of its Black Bear Management andSafety Program sect 840100 generally prohibitsthe discharge (but not possession) of firearmsnear dwellings without a depredation permitto control the black bear population

sect 840120 specifically authorizes the use of afirearm in self-defense of any predator wherethere is reasonable grounds to believe thatpredator will cause immediate bodily injury or isin the act of injuring a domestic animal orlivestock


Siskiyou County Ordinance sect 4-4201 prohibitsthe discharge (but not possession) of firearmswithin one mile of the exterior boundary of thetown of Yreka

sect 4-4202 prohibits the discharge of anyfirearm within 200 yards of any campsresidence recreation grounds and areas orwithin such areas in a reckless manner



Solano County Ordinance sect 19-150 prohibitsthe discharge (but not possession) of anyfirearm within any county park

To the extent that Solano County does notprohibit the carrying of firearm by personsauthorized by a state license and to the extentthe common law right of self-defense is notabrogated by any county ordinance it wouldappear that Solano County defaults to state lawwith regard to licensed possession of a firearmin its parks

Sonoma County Ordinance sect 19-14 generallyprohibits the possession of firearms on countyproperty

sect 20-11 prohibits the carrying or possession ofa firearm with a cartridge in any portion of themechanism This ordinance also prohibits thedischarge of a firearm in any county park There are exceptions for federal state andlocal government officials in performance oftheir duties

sect 19-14(e) lists the exceptions for possession offirearms on county property including anexception for a person holding a valid license tocarry a firearm issued pursuant to Penal Code sect12050 [Renumbered sectsect 26150 - 26225]

Despite the exception for licensed carrying andpossession of firearms on county property setforth above Sonomarsquos prohibition for carrying aloaded weapon in its parks by a person licensedunder state law is subject to the samepreemption analysis as this case


Stanislaus County Ordinance sect 1806090prohibits the possession of any firearm in arecreational area unless for the purpose ofhunting in compliance with state and countylaw

sect 1812080 creates an infraction for possessionof a firearm in any county park unless also inpossession of a valid hunting license

sect1812090 prohibits the discharge (but notpossession) of a firearm near any dwellingbarn or outbuilding except from authorizedwaterfowl blinds

Stanislaus Countyrsquos ordinances are subject tothe same preemption analysis as this case

Sutter County Ordinance sect 470-080 prohibitsthe discharge (but not possession) of firearm incounty parks

sect 480-010 prohibits the discharge (but notpossession) of firearms in unincorporatedareas of the county except when dischargedwhen lawfully defending person or property

Sections 425-020 425-030 425-040 425-050425-060 prohibit or regulate certain conductwhile in possession of a concealed weapon uponhis person (eg loitering drinking intoxicatingliquors engage in any fight or disorderlyconduct enter a school ground) ndash thusimpliedly recognizing the right to licensedcarrying of firearms Therefore this Countyappears to default to state law with regard tolicensed possession of a firearm


Tehama County Ordinance sect 1004010prohibits the discharge (but not possession) incertain designated areas described by theordinance

sect 1320020 prohibits the discharge (but notpossession) of any firearms on the premises ofany public cemetery unless as a portion of anytraditional funeral or burial service

sect 1324010 prohibits the discharge andpossession of any firearm in any county park

Tehama Countyrsquos ordinances are subject to thesame preemption analysis as this case

Trinity County Ordinance sect 928 prohibits thedischarge (but not possession) of firearm indesignated areas but makes exceptions forself-defense and hunting

sect 932020 prohibits any person from carryingconcealed or being on possession of a firearmin county owned or leased buildings orproperty

sect 932030 acknowledges that sect 932020 does notlimit or alter applicable state laws Thisappears to be a recognition that Trinity Countyrsquosordinances are preempted by state law withrespect to the licensed carryingpossession offirearm


Tulare County Ordinance sect 2-05-1215prohibits the discharge (but not possession) offirearms in county parks


Tuolumne County Ordinance sect 828010 is theCountyrsquos Gun Safety Ordinance It prohibitsthe discharge (but not possession) indesignated areas

sect 82820 prohibits reckless shooting

sect 828030 prohibits the discharge andpossession of loaded weapons inunincorporated areas ldquofor the purposes ofPenal Code Section 12031rdquo

By conditioning its prohibition of carrying andpossession of firearm on (former) Penal Code sect12031 Tuolumne County defaults to state lawwith regard to licensed possession of a firearm


Ventura County Ordinance sect 5211 et seq

prohibits the discharge (but not possession)near dwellings highly restricted areas and incertain unincorporated areas This ordinanceexempts self-defense and destruction ofpredatory or dangerous animals

sect 6307-4 prohibits the possession of firearmswithout exception in any county park unlessauthorized by the Director

To the extent that Ventura Countyrsquos generalweapons ordinance does not supercede it parkregulations this countyrsquos ordinances are subjectto the same preemption analysis as this case

Yolo County Ordinance sect 5-10 et seq is thecountyrsquos general weapon statute and prohibitsthe discharge (but not possession) of firearmsin designated areas sect 5-1004 excepts personspursuant to Penal Code sect 12031 and personsacting the lawful defense of persons orproperty

By referencing Penal Code sect 12031 andexempting self-defense Yolo County defaults tostate law with regard to licensed possession of afirearm


Yuba County Ordinance sectsect 876050 and880010 prohibits the discharge (but notpossession) of any firearm in any county parkandor unincorporated area of Yuba County The ordinance exempts defense of life orproperty



Title 3 - PUBLIC SAFETY MORALS AND WELFAREChapter 368 - COUNTY PARK AND RECREATION AREA RULES

San Mateo County California Code of Ordinances

Chapter 368 - COUNTY PARK AND RECREATION AREA RULES

Sections 368010 - Violations a misdemeanor368020 - Exceptions368030 - Definitions368040 - Permits and feesmdashViolation as infraction368050 - Method of payment of fees368060 - Camping regulations368070 - Fires368080 - General protective regulations368090 - Motor vehicles368100 - Parking368110 - Motor vehicle speed limits368120 - Operation of bicycles violation368130 - Noise368140 - Unlawful assembly368150 - Dangerous activities368160 - Hiking and riding trails368170 - Beaches and swimming areas368180 - Dogs on Sheep Camp Trail


368010 - Violations a misdemeanor

Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this chaptershall be guilty of a misdemeanor

(Prior code sect 3385 Ord 415 062534 Ord 2394 092176)

368020 - Exceptions

The provisions of this ordinance shall not apply to employees of the San Mateo County Parks and RecreationDepartment or the San Francisco Water Department or other public officials acting within the scope of their authorizedduties and concession activities However Department employees public officials and concessionaires and theiremployees shall abide by the laws of the State of California and all applicable County andor municipal ordinances

(Prior code sect 33851 Ord 415 062534 Ord 2394 092176 Ord 2807 102682)

368030 - Definitions

(a)Commission shall mean the San Mateo County Parks and Recreation Commission

(b)County Park shall mean any park recreation area reserve or preserve historical site or any other facility operated

by the San Mateo County Parks and Recreation Department

(c)Department shall mean the San Mateo County Parks and Recreation Department

(d)Director shall mean the Director of the San Mateo County Parks and Recreation Department

(e)General Manager and Chief Engineer shall mean the General Manager and Chief Engineer of the San Francisco

Water Department of the City and County of San Francisco


(f)San Francisco Fish and Game Refuge means that area defined in the State of California Fish and Game Code

division 7 REFUGES chapter 2 article 1 section 10772 and under the jurisdiction of the San Francisco WaterDepartment

(g)Hiking and Riding Trail shall mean all trails which have been dedicated to the County or other public agency for

hiking or horseback riding purposes or both or any trail which is open to the general public for such purpose

(h)Motor Vehicle shall mean any automobile truck bus van motorcycle off-road vehicle four-wheel drive vehicle

dirt bike motor-driven vehicle or any vehicle which is self-propelled

(i)Person as used in this chapter shall be construed to mean and shall include natural persons firms co-

partnerships corporations clubs and all associations or combinations of persons whatever whether acting by themselvesor by a servant agent or employee

(j)Recreation Area as used in this chapter shall be construed to mean and shall include all land facilities and other

property for public recreation owned andor operated by the County of San Mateo or the San Francisco WaterDepartment including parks playgrounds camping areas swimming pools golf courses picnic grounds athletic fieldsbeaches parkways public squares hiking and bicycling paths horse trails roadside viewing areas rest stops historicalmonuments and all grounds surrounding public buildings all planting and areas for planting along roads streets andhighways and all other recreation areas including all buildings structures improvements monuments apparatus andequipment existing in or that may be erected in any of such areas

(k)Sound Amplifying Equipment shall mean any machine or device for the amplification of the human voice music or

any other sound but shall not include standard automobile radios or automobile tape decks when used and heard only bythe occupants of the vehicle in which the automobile radio or tape deck is installed nor radio receiving sets non-electricalmusical instruments or television sets Sound Amplifying Equipment as used in this chapter shall not include warningdevices or sound amplification equipment on Parks and Recreation Department or San Francisco Water Departmentvehicles or other authorized emergency vehicles or horns or other warning devices on any vehicle used only for trafficsafety purposes


(l)Vessel shall be used to describe any water craft board or similar equipment capable of being used as

transportation in or on water

(m)Beach shall mean the shore of any body of water within any County Park and Recreation Area or the San

Francisco Fish and Game Refuge

(Prior code sect 33852 Ord 415 062534 Ord 2394 092176 Ord 2807 102682 Ord 3252 073190)

368040 - Permits and feesmdashViolation as infraction

(a)No person shall enter occupy or use a County park or recreation area or any area or facility therein for which a

user fee deposit or permit is required without first obtaining any applicable permit and paying any applicable fees ordeposits in the manner provided by this chapter Any person obtaining a permit to enter or use a County park orrecreation area shall display such permit in the manner provided by such permit

(b)No person shall enter a self-registration fee payment area without first (1) depositing the applicable fees and (2)

completing and prominently displaying the permit so that the permit number is clearly legible from the outside of thevehicle entering the park or recreation area according to all applicable guidelines either posted at the fee collection vaultor printed on the permit

(c)A violation of this section shall be an infraction punishable by (1) a fine not exceeding one hundred dollars ($100) for

a first violation (2) a fine not exceeding two hundred dollars ($200) for a second violation of this section within one yearand (3) a fine not exceeding five hundred dollars ($500) for each additional violation of this section within one year



368050 - Method of payment of fees

(a)Except as otherwise provided by this code all fees and deposits established by the Parks and Recreation

Commission for entry or use of County park and recreation areas or for designated privileges services or materials shallbe paid to the Director or his or her designee in the manner determined by the Director All fees collected shall bedeposited in the Treasury of the County of San Mateo and shall be credited to the appropriate fund

(b)The Director may subject to approval by the Parks and Recreation Commission designate any recreation area or

county park a self-registration fee payment area Payment of applicable fees for entry or use of a self-registration feepayment area shall be by deposit into a fee collection vault located at the entrance to such park or recreation area TheDirector may establish subject to approval by the Parks and Recreation Commission policies and procedures forcollection of such fees including the hours and dates of collection Pursuant to guidelines approved by the Parks andRecreation Commission the Director may waive payment and suspend collection of applicable fees at any self-registration fee payment area

(c)All fee deposit envelopes permits and receipts shall remain the property of the County of San Mateo and shall be

subject to inspection by and surrendered upon demand to the Director or any County Park Ranger or law enforcementofficer Fees deposited in any fee collection vault including any overpayment are non-refundable If the fee deposited isinsufficient to pay in full the applicable fee the remaining balance shall be due and payable to the Director or County ParkRanger upon demand


368060 - Camping regulations

(a)Permits A permit must be obtained from the County Parks and Recreation Commission or its authorized staff before

camping in any recreation area or in any County Park and camping is not permitted outside the campsite or sitesdesignated on said permit


(b)Camping by Minors Persons under the age of 18 are not permitted to camp overnight in any recreation area or in

any County Park unless accompanied by an adult


368070 - Fires

(a)No person shall light build use or maintain a fire within any Recreation area or any County Park or on the San

Francisco Fish and Game Refuge except in places specifically provided therefor and said places shall not be used untiluser has removed all dead wood moss dry leaves or other combustible material which may have gathered around saidplace so that there is no possible danger of any fire spreading

(b)No person responsible for an authorized fire in any Recreation area or in any County Park or on the San Francisco

Fish and Game Refuge shall leave said fire unattended When the user has finished with the fire it shall be completelyextinguished


368080 - General protective regulations

(a)Vegetative No person shall willfully or negligently pick dig up cut mutilate destroy injure disturb move molest

burn carry away collect or gather any tree or plant or portion thereof including but not limited to leaf mold flowersfoliage berries fruit grass turf humus shrubs cones ferns mushrooms and dead wood in any County Park orRecreation area or on the San Francisco Fish and Game Refuge or on any hiking and riding trail Nothing in this sectionshall prevent the taking of any tree or plant or portion thereof including but not limited to leaf mold flowers foliageberries fruit grass turf humus shrubs cones ferns mushrooms and dead wood in any County Park or Recreationarea or on the San Francisco Fish and Game Refuge any hiking and riding trail by public officials pursuant to theirofficial duties or by scientific permit from the San Mateo County Parks and Recreation Department or San FranciscoWater Department for the areas under their respective jurisdictions


(b)Vandalism (Property) No person shall disturb destroy remove deface or injure any property of the County of San

Mateo or the City and County of San Francisco which is located in any Recreation area or in any County Park or hikingand riding trail or on the San Francisco Fish and Game Refuge No person shall cut carve paint mark paste or fastenon any tree fence wall building monument or other property in any County Park or Recreation area or hiking and ridingtrail or other property in any County Park or Recreation area or hiking and riding trail or on the San Francisco Fish andGame Refuge any advertisement sign or inscription

(c)Littering No person shall place or throw bottles broken glass crockery ashes waste paper cans or any decaying

or putrid matter or other rubbish in any County Park or Recreation area or on the San Francisco Fish and Game Refugeexcept in a receptacle designated for that purpose and no person shall import or deposit any rubbish into or in anyCounty Park or Recreation area or on the San Francisco Fish and Game Refuge or hiking and riding trail No personshall transport or dump any rock rubble dirt sand fill or other similar material into or in any County Park or Recreationarea without the permission of the Director or the General Manager and Chief Engineer or their representatives for theareas under their respective jurisdiction

(d)Reserves and Preserves All geological and archeological features plants and animals (dead or alive) are protected

and taking is prohibited except the taking of such plants and animals as are permitted by regulations specific to the area

(e)Watershed Protection No person shall contaminate in any way whatsoever any watershed or water supply in any

Recreation area or in any County Park or in the Watershed or water supplies of any water purveyor holding a waterpurveyors permit issued by the California Department of Health Services pursuant to Public Health Code chapter 7section 4011

(f)Water Quality Protection No person shall wash clothing or cooking utensils bathe in or in any other manner pollute

the waters of any Recreation area or any County Park or in the Watershed or water supplies of any water purveyorholding a water purveyors permit issued by the California Department of Health Services pursuant to Public Health Codechapter 7 section 4011


(g)Geological Features Protection No person shall destroy disturb mutilate or remove earth sand gravel oil

minerals rocks or features of caves or lay or set off any explosive material or cause to be done or assist in doing any ofsaid things in any County Park or Recreation area or on the San Francisco Fish and Game Refuge or hiking and ridingtrail without the specific permission of the Director or the General Manager and Chief Engineer or their representative forthe areas under their respective jurisdictions

(h)Protection of Historical Features No person shall remove injure disfigure deface or destroy any object of

paleontological archaeological or historical interest or value in any County Park or Recreation area or on the SanFrancisco Fish and Game Refuge or hiking and riding trail nor shall any person engage in any excavation for said objectswithout first receiving written permission from the Director or the General Manager and Chief Engineer or theirrepresentatives for the areas under their respective jurisdictions

(i)Domestic Animals No dogs cats fowl or other domesticated animals shall be permitted to enter or go at large in any

County Park or Recreation area either with or without a keeper Nothing in this section shall prohibit a guide dog underthe control of a person with a vision or hearing impairment or police dog under the control of a peace officer fromentering a County Park or Recreation area No person shall release any captured wild animal within any County Park orRecreation area except authorized public officials pursuant to their duties

(j)Abandoned Animals No person shall abandon a dog cat fowl or other animal within any County Park or Recreation

area or in the San Francisco Fish and Game Refuge

(k)Feeding Domesticated Animals No person shall feed any abandoned domesticated animal in any County Park or

Recreation area or in the San Francisco Fish and Game Refuge

(l)Grazing The running at large herding or grazing of livestock of any kind in any County Park or Recreation area or

driving of livestock over same is prohibited unless a lease of the land has been granted for that purpose Livestock foundin any County Park or Recreation area may be impounded and held until claimed by the owner and payment made forany damages caused and for any expenses incurred by the County in impounding and holding such livestock


(m)Horses Off Trails or Out of Designated Areas No person shall ride drive lead or keep a saddle horse pony mule

or other such animal in any County Park or Recreation area except on such roads trails or areas so designated andposted by the Department

(n)Wildlife All County Parks and Recreation Areas and the San Francisco Fish and Game Refuge are sanctuaries for

wildlife No person shall feed approach disturb frighten hunt trap capture wound kill or disturb the natural habitat ofany wild bird mammal reptile fish amphibian or invertebrate within a County Park or Recreation Area or within any SanFrancisco Fish and Game Refuge area located within the County This prohibition shall not apply to the following

(1)Action taken by public officials or their employees or agents within the scope of their authorized duties to

protect the public health and safety

(2)The taking of fish as permitted by State Fish and Game Regulations

(3)The capturing andor taking of park wildlife for scientific research purposes when done with written permission

from the Director of the San Mateo County Division of Parks and Recreation or in the San Francisco Fish and GameRefuge from the San Francisco Water Department

(o)Firearms and Dangerous Weapons Except as provided in subsection (p) and subsection (q) no person shall have in

his possession within any County Park or Recreation area or on the San Francisco Fish and Game Refuge and noperson shall fire or discharge or cause to be fired or discharged across in or into any portion of any County Park orRecreation area or on the San Francisco Fish and Game Refuge any gun or firearm spear bow and arrow cross bowslingshot air or gas weapon or any other dangerous weapon

(p)Shooting Ranges The discharge or firing of firearms is permitted in areas designated by the Parks and Recreation

Commission or San Francisco Water Department specifically for the purposes of rifle andor pistol andor shotgunshooting and the transportation of such firearms through the County Park or Recreation area or on the San FranciscoFish and Game Refuge in which said area(s) isare located is permitted providing said firearms are unloaded Unloadedshall mean that there is no ammunition in either the chamber or magazine of the gun


(q)Archery Ranges The use of a bow and arrow but not a crossbow is permitted in areas designated by the Parks and

Recreation Commission specifically for the purpose of archery but all bows must be unstrung during transportation to andfrom such designated areas

(r)Loitering After Closing Time It shall be unlawful for any person to remain in any County Park or Recreation area or

on the San Francisco Fish and Game Refuge or in any facility within any County Park or Recreation area or on the SanFrancisco Fish and Game Refuge after the posted closing time unless said person has lawful business therein

(s)Gambling Gambling in any form or the operation of gambling devices for merchandise or otherwise in any County

Park or Recreation area is prohibited

(t)Alcoholic Beverages No person shall possess or consume alcoholic beverages other than beer or wine in any form

within any County Park or Recreation area or on the San Francisco Fish and Game Refuge Alcoholic beverages asdescribed herein are permitted at Coyote Point County Park only in designated areas and during designated times Noperson shall possess or consume any alcoholic beverages in any form at the Coyote Point Rifle and Pistol Range orwithin twenty-five feet (25) of the San Francisco Watershed vehicle parking lots or areas This section shall not prohibitthe dispensing of all types of alcoholic beverages by a licensee under the laws of the State of California under a foodand bar concession from the County or the consumption of such beverages on the premises of such concessionaire orthe consumption of alcoholic beverages by persons holding a written occupancy permit issued by the Parks Director orhis or her representative for areas under his or her jurisdiction

(u)Private Operations It shall be unlawful for any person to engage in the business of soliciting selling or peddling of

any liquids or edibles for human consumption or to distribute circulars or to hawk peddle or vend any goods wares ormerchandise of any kind except upon specific concession or permit secured from the Commission or the GeneralManager and Chief Engineer or his representative for areas under his jurisdiction

(v)Authorized Operations All persons firms or corporations holding concessions shall keep the grounds used by them

properly policed and shall maintain the premises in a sanitary condition to the satisfaction of the Director or GeneralManager and Chief Engineer for areas under their respective jurisdictions No operator of any concession shall retain in


his employment any person whose presence is deemed by the District or General Manager and Chief Engineer for theirrespective jurisdictions not to be conducive to good order and management

(w)Commercial Filming No person shall operate a still motion picture video or other camera for commercial purposes

in any County Park or Recreation area or on the San Francisco Fish and Game Refuge except pursuant to a writtenpermit from the Director or the General Manager and Chief Engineer or their representative for the areas under theirrespective jurisdictions authorizing such activity This section shall not apply to the commercial operation of cameras aspart of the bonafide reporting of news

(x)Closed Areas No person shall enter any road trail or area that is posted as closed or restricted without permission

from the County Parks and Recreation Director

(Prior code sect 3387 Ord 415 062534 Ord 976 011552 Ord 1287 050658 Ord 2394 092176 Ord 2807102682 Ord 3252 073190 Ord 3796 11497 Ord 3863 12198)

368090 - Motor vehicles

No person shall operate any motor vehicle except upon established paved roads or other established paved areasspecifically designated and maintained for normal ingress egress and parking This section shall not apply to anyemergency or County vehicle physically handicapped persons operating wheelchairs or similar devices or to any personacting in compliance with the directions of a Park Ranger or Peace Officer



368100 - Parking

No person shall park any motor vehicle as defined in this chapter within a County Park or Recreation area or on the SanFrancisco Fish and Game Refuge except upon areas designated for such use No person shall park a motor vehicleexcept an authorized emergency vehicle or when in compliance with the directions of a Peace Officer or Park Ranger inany of the following places In areas where prohibited by NO PARKING signs On any fire trail road or access On anyequestrian or hiking trail Blocking or obstructing any gate entrance or exit On any lawn or grassy area In any picnicarea On any beach In such a manner as to take up more than one Marked space in any authorized parking area Inany area where such vehicle blocks or obstructs the free flow of traffic Within 15 feet of a fire hydrant Adjacent to anycurb painted red In any County Park or Recreation area or on the San Francisco Fish and Game Refuge after closingtime except pursuant to a valid permit


368110 - Motor vehicle speed limits

No person shall drive a motor vehicle within any County Park or Recreation area or the San Francisco Fish and GameRefuge at a speed greater than is reasonable or prudent having due regard for traffic and the surface and width of theroad and in no event at a speed which endangers the safety of person property or wildlife provided however that in noevent shall a motor vehicle be driven at a speed greater than the posted speed limit for that area as designated by theParks and Recreation Commission


368120 - Operation of bicycles violation

(a)No person shall operate a bicycle in any County Park or Recreation Area including but not limited to Sawyer Camp

Trail or San Francisco Fish and Game Refuge other than on a path designated and signed for that purpose or on apaved vehicular road meant for motor vehicles All bicyclists shall ride in single file except to pass No bicyclist shallexceed a safe speed


(b)No bicyclist on Sawyer Camp Trail shall exceed a speed of 5 miles per hour within one-eighth-mile from each end of

Sawyer Camp Trail No bicyclist on Sawyer Camp Trail shall exceed a speed of 15 miles per hour on the rest of SawyerCamp Trail

(c)A violation of the provisions of this section shall be an infraction Any person to whom a citation is issued for a

violation of this section shall be subject to a fine of Fifty Dollars ($50) for a first violation within a period of one year OneHundred Dollars ($100) for a second violation within a period of one year and Three Hundred Dollars ($300) for eachadditional violation within a period of one year

(Prior code sect 33883 Ord 415 062534 Ord 2394 092176 Ord 2807 102682 Ord 3252 073190 Ord 3272102390 Ord 3351 121091 Ord 3471 020293)

368130 - Noise

(a)Declaration of Noise Policy It is hereby declared to be the policy of the Parks and Recreation Commission and the

San Francisco Water Department to prohibit unnecessary excessive and annoying noises in all County Parks and theSan Francisco Fish and Game Refuge At certain levels noises are detrimental to the health and welfare of personsusing County Parks or Recreation areas and it is in the public interest to proscribe such noises

(b)Sound Amplifying Equipment It shall be unlawful for any person to operate any sound amplifying equipment as

defined in section 368030 in any County Park or Recreation area or the San Francisco Fish and Game Refuge Thissection shall not apply to a person operating sound amplifying equipment under a permit granted by the Parks andRecreation Department or the San Francisco Water Department as provided in section 368140

(c)Peace and Quiet It shall be unlawful for any person within any County Park or the San Francisco Fish and Game

Refuge to use or operate any radio receiving set musical instrument machine or device for producing or reproducingsound or any device which produces noise in such a manner as to disturb the reasonable peace quiet and comfort ofpersons using any County Park or Recreation area or the San Francisco Fish and Game Refuge


(d)Noise Absolute Prohibition No person shall use or operate any of the devices mentioned in subsection (c) within the

campgrounds of any County Park or Recreation area and the San Francisco Water Department area(s) between thehours of 1000 PM and 800 AM

(Prior code sect 3389 Ord 415 062534 Ord 976 011552 Ord 1287 050658 Ord 2394 092176 Ord 2807102682 Ord 3252 073190)

368140 - Unlawful assembly

It shall be unlawful for any person or group to conduct a group meeting rally or similar gathering in any County Park orRecreation area without first obtaining a permit from the Parks and Recreation Department for the use of the area orfacility involved The division shall grant such permit unless it finds that the time andor place andor size of the meetingrally or similar gathering may unreasonably interfere with the normal use or operation of the area or facility requestedSaid permit shall be obtained at least ten days prior to such activity


368150 - Dangerous activities

Except in areas specifically designated and set aside from time to time by the Parks and Recreation Commission or theSan Francisco Water Department for such activities no person shall engage in any of the following activities within anyCounty Park or Recreation area or on the San Francisco Fish and Game Refuge and in no case shall any personengage in any activity or operate any device recklessly or negligently so as to endanger the life limb or property of anyperson

1Use or possess fireworks of any kind

2Drive chip or in any other manner play or practice golf or hit golf balls

3Operate self-propelled model airplanes boats automobiles or other model craft of any kind or description


4Throw release or discharge missiles rockets or similar projectiles

5Hang-glide or parachute

6Operate any gas or hot air balloon (other than a toy balloon)

(Prior code sect 3391 Ord 415 062534 Ord 2307 050675 Ord 2394 092176 Ord 2807 102682 Ord 3252073190)

368160 - Hiking and riding trails

The following regulations shall apply to any and all persons using hiking and riding trails in the County of San Mateo

(a)No loaded firearm shall be carried on any hiking and riding trail except by Peace Officers nor shall any person

discharge across in or into any portion of a hiking and riding trail any firearm or other device capable of injuring orkilling any person animal or damaging or destroying any public or private property

(b)No person shall disturb destroy remove deface or injure any property on a hiking and riding trail No person

shall cut carve paint mark paste or fasten on any tree fence wall building monument or other property along oron such trail any bill advertisement or inscription

(c)No person shall use threatening abusive boisterous insulting or indecent language or make indecent gestures

on a hiking or riding trail nor shall any person conduct or participate in a disorderly assemblage thereon

(d)No person shall operate a vehicle on a hiking and riding trail other than a vehicle used for emergency or

maintenance purposes or such other vehicle as may be especially designated by the Director of Parks andRecreation Department unless the trail traverses a common right-of-way

(e)No person shall molest livestock encountered on or adjacent to a hiking and riding trail


(f)No person shall ride any saddle animal on a hiking and riding trail in a manner that might endanger life or limb of

any person or animal and no person shall allow hisher saddle or pack animal to stand unattended or insecurely tied

(g)All persons using a hiking and riding trail shall respect the rights of property owners along the trail and shall not

trespass on their property or invade their privacy in any way

(h)Every person using a hiking and riding trail shall promptly report any uncontrolled fire in sight of the trail to the

nearest Peace Officer Park Ranger or fire station

(i)All persons opening a closed gate on or near a hiking and riding trail shall securely close same after passing

through it

(j)No campfire shall be built on or adjacent to a hiking and riding trail except in areas specifically provided and

marked for that purpose

(k)Smoking on hiking and riding trails is prohibited


368170 - Beaches and swimming areas

(a)No motor or wind-powered vessel shall be permitted in any designated swimming area in any San Mateo County

Park or Recreation area

(b)No vessel with motor or capable of carrying a motor may be launched in any San Mateo County Park or Recreation

area except in designated launching areas

(Prior code sect 3393 Ord 3252 073190)


368180 - Dogs on Sheep Camp Trail

(a)Dogs shall be permitted on the portion of Sheep Camp Trail located between Canada Road and Highway 280

subject to the conditions and requirements of this section

(b)No person shall cause or allow any dog under his or her ownership possession or control to enter or remain on

Sheep Camp Trail unless the dog is licensed as provided in section 604040(a) is wearing around its neck a collar andvalid license tag and the owner or possessor of the dog complies with all other conditions of this section 368180

(c)No person shall cause or allow any dog under his or her ownership possession or control to enter or remain on

Sheep Camp Trail unless such person restrains such dog with a leash not to exceed six (6) feet in length and insures thatthe leash and control by the person are sufficient to prevent endangering other persons or animals

(d)No person shall cause or allow any dog under his or her ownership possession or control to enter or remain on or to

defecate upon any part of Sheep Camp Trail including the path parking area or any property abutting on Sheep CampTrail (including but not limited to the San Francisco Watershed Canada Road and any state right-of-way) used by thegeneral public unless the owner or person with control or custody of the dog immediately removes the feces and properlydisposes of it in a sanitary manner

(e)No person shall walk a dog on Sheep Camp Trail or allow or cause a dog under his or her ownership possession or

control to enter Sheep Camp Trail without carrying at all times a suitable container or other suitable instrument for theremoval and disposal of canine feces

(Prior code sect 33875 Ord 3370 021192 to be in effect for one year)


Title 3 - PUBLIC SAFETY MORALS AND WELFAREChapter 353 - FIREARM ON COUNTY PROPERTYSan Mateo County California Code of Ordinances

Chapter 353 - FIREARMS ON COUNTY PROPERTYSections 353010 - Possession of firearms on County property prohibited353020 - Definitions353030 - Exceptions353010 - Possession of firearms on County property prohibited Every person who brings onto or possesses on County property a firearm loaded or unloaded or ammunition for a firearm is guilty ofa misdemeanor (Ord 4146 121702) 353020 - Definitions For purposes of this chapter the following definitions shall apply (a) County Property As used in this section the term County property means real property including any buildings thereonowned or leased by the County of San Mateo (hereinafter County) and in the Countys possession or in the possession of apublic or private entity under contract with the County to perform a public purpose including but not limited to real propertyowned or leased by the County in the unincorporated and incorporated portions of the County and the San Mateo County ExpoCenter in the City of San Mateo but does not include any local public building as defined in Penal Code Section 171b(c)where the State regulated possession of firearms pursuant to Penal Code Section 171 (b) Firearm Firearm is any gun pistol revolver rifle or any device designed or modified to be used as a weapon fromAppellants Appendix Page - 43

which is expelled through a barrel a projectile by the force of an explosion or other form of combustion Firearm does notinclude imitation firearms or BB guns and air rifles as defined in Government Code Section 530715 (c) Ammunition Ammunition is any ammunition as defined in Penal Code Section 12316(b)(2)(Ord 4146 121702) 353030 - Exceptions This section does not apply to the following (a) A peace officer as defined in Title 3 Part 2 Chapter 45 of the California Penal Code (sections 830 et seq)

(b) A guard or messenger of a financial institution a guard of a contract carrier operating an armored vehicle a licensed privateinvestigator patrol operator or alarm company operator or uniformed security guard as these occupations are defined in PenalCode section 12031(d) and who holds a valid certificate issued by the Department of Consumer Affairs under Penal Code section12033 while actually employed and engaged in protecting and preserving property or life within the scope of his or heremployment (c) A person holding a valid license to carry a firearm issued pursuant to Penal Code section 12050(d) An authorized participant in a motion picture television video dance or theatrical production or event when theparticipant lawfully uses the firearm as part of that production or event provided that when such firearm is not in the actualpossession of the authorized participant it is secured to prevent unauthorized use (e) A person lawfully transporting firearms or ammunition in a motor vehicle on County roads(f) A person lawfully using the target range operated by the San Mateo County Sheriff(g) A federal criminal investigator or law enforcement officer or(h) A member of the military forces of the State of California or of the United States

(Ord 4146 121702) Appellants Appendix Page - 44

Mail I mailed a copy of the document identified above as follows

PROOF OF SERVICE(Court of Appeal)


APP-009 [New January 1 2009]

2 My residence business address is (specify)

I mailed or personally delivered a copy of the following document as indicated below (fill in the name of the document you mailed or delivered and complete either a or b)

I enclosed a copy of the document identified above in an envelope or envelopes and

deposited the sealed envelope(s) with the US Postal Service with the postage fully prepaid

1 At the time of service I was at least 18 years of age and not a party to this legal action

placed the envelope(s) for collection and mailing on the date and at the place shown in items below following our ordinary business practices I am readily familiar with this businesss practice of collecting and processing correspondence for mailing On the same day that correspondence is placed for collection and mailing it is deposited in the ordinary course of business with the US Postal Service in a sealed envelope(s) with postage fully prepaid

The envelope was or envelopes were addressed as follows

Person served

Address

APP-009

Notice This form may be used to provide proof that a document has been served in a proceeding in the Court of Appeal Please read Information Sheet for Proof of Service (Court of Appeal) (form APP-009-INFO) before completing this form

PROOF OF SERVICE (Court of Appeal)Mail Personal Service

FOR COURT USE ONLY

Case Name

Court of Appeal Case Number


Additional persons served are listed on the attached page (write ldquoAPP-009 Item 3ardquo at the top of the page)

I am a resident of or employed in the county where the mailing occurred The document was mailed from(city and state)

3

(b)

(4)

a

(1)

wwwcourtinfocagov

Page 1 of 2

(b)

(a)(3)

Name(i)

(ii)

Person served

AddressName(i)

(ii)

(c) Person served

AddressName(i)

(ii)

Date mailed(2)

(a)

1645 Willow Street Suite 150San Jose CA 95125

January 2 2013

San Jose CA

Calguns Foundation Inc et al v San Mateo County

CIV 509185A136092

X

X

X

X

County of San Mateo (Attn David Silberman)400 County Center 6th FloorRedwood City CA 94063

Superior Court400 County CenterRedwood City CA 94063


Appellants Opening Brief w Appendix


APP-009 [New January 1 2009] Page 2 of 2

Personal delivery I personally delivered a copy of the document identified above as follows

Date

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct

Person served

Address where delivered

Date delivered

Time delivered

(TYPE OR PRINT NAME OF PERSON COMPLETING THIS FORM)

X (SIGNATURE OF PERSON COMPLETING THIS FORM)

Names and addresses of additional persons served and delivery dates and times are listed on the attached page (write ldquoAPP-009 Item 3brdquo at the top of the page)

(1)

(b)

(c)

(d)

b

CASE NAME CASE NUMBER

APP-009

Name(a)

Person served


Date delivered

Time delivered

(2)

(b)

(c)

(d)

Name(a)

Person served


Date delivered

Time delivered

(3)

(b)

(c)

(d)

Name(a)

3

Christina Kilmer

January 2 2013

Calguns Foundation Inc et al v San Mateo County CIV 509185


CERTIFICATE OF INTERESTED ENTITIES OR PERSONS Cal Rules of Court rules 8208 8488wwwcourtinfocagov


APP-008 [Rev January 1 2009]

Page 1 of 1

Notice Please read rules 8208 and 8488 before completing this form You may use this form for the initial certificate in an appeal when you file your brief or a prebriefing motion application or opposition to such a motion or application in the Court of Appeal and when you file a petition for an extraordinary writ You may also use this form as a supplemental certificate when you learn of changed or additional information that must be disclosed

There are no interested entities or persons that must be listed in this certificate under rule 8208

Interested entities or persons required to be listed under rule 8208 are as follows

(2)

(5)

(1)

(4)

(3)

Full name of interestedentity or person

Nature of interest(Explain)

TO BE FILED IN THE COURT OF APPEAL

FOR COURT USE ONLY

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name State Bar number and address)

FAX NO (Optional)

CERTIFICATE OF INTERESTED ENTITIES OR PERSONS

APPELLANTPETITIONER

APPELLATE DISTRICT DIVISION Court of Appeal Case Number

RESPONDENTREAL PARTY IN INTEREST


TELEPHONE NO

E-MAIL ADDRESS (Optional)

ATTORNEY FOR (Name)

COURT OF APPEAL

APP-008

1 This form is being submitted on behalf of the following party (name)

The undersigned certifies that the above-listed persons or entities (corporations partnerships firms or any other association but not including government entities or their agencies) have either (1) an ownership interest of 10 percent or more in the party if it is an entity or (2) a financial or other interest in the outcome of the proceeding that the justices should consider in determining whether to disqualify themselves as defined in rule 8208(e)(2)

Date

X(SIGNATURE OF PARTY OR ATTORNEY)(TYPE OR PRINT NAME)

(Check one) INITIAL CERTIFICATE SUPPLEMENTAL CERTIFICATE

2 a

b

Continued on attachment 2

CIV 509185

Calguns Foundation Inc et al

County of San Mateo

(408) 264-8489 (408) 264-8487

Donald Kilmer (Bar 179986)Law Offices of Donald Kilmer APC1645 Willow Street Suite 150San Jose CA 95125

DonDKLawOfficecomCalguns Foundation Inc and Gene Hoffman Plaintiffs

Donald Kilmer

January 2 2013

A136092

X

Calguns Foundation Inc and Gene Hoffman

X

First 2






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___________________________Donald Kilmer

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seq


























































































































































368020 - Exceptions






















































368070 - Fires







































































368100 - Parking















368130 - Noise











































through it









































Person served

Address

APP-009



FOR COURT USE ONLY

Case Name





3

(b)

(4)

a

(1)

wwwcourtinfocagov

Page 1 of 2

(b)

(a)(3)

Name(i)

(ii)

Person served

AddressName(i)

(ii)

(c) Person served

AddressName(i)

(ii)

Date mailed(2)

(a)


January 2 2013

San Jose CA


CIV 509185A136092

X

X

X

X






APP-009 [New January 1 2009] of 2


Date


Person served


Date delivered

Time delivered




(1)

(b)

(c)

(d)

b


APP-009

Name(a)

Person served


Date delivered

Time delivered

(2)

(b)

(c)

(d)

Name(a)

Person served


Date delivered

Time delivered

(3)

(b)

(c)

(d)

Name(a)

3

Christina Kilmer

January 2 2013







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seq


























































































































































368020 - Exceptions






















































368070 - Fires







































































368100 - Parking















368130 - Noise











































through it









































Person served

Address

APP-009



FOR COURT USE ONLY

Case Name





3

(b)

(4)

a

(1)

wwwcourtinfocagov

Page 1 of 2

(b)

(a)(3)

Name(i)

(ii)

Person served

AddressName(i)

(ii)

(c) Person served

AddressName(i)

(ii)

Date mailed(2)

(a)


January 2 2013

San Jose CA


CIV 509185A136092

X

X

X

X








Date


Person served


Date delivered

Time delivered




(1)

(b)

(c)

(d)

b


APP-009

Name(a)

Person served


Date delivered

Time delivered

(2)

(b)

(c)

(d)

Name(a)

Person served


Date delivered

Time delivered

(3)

(b)

(c)

(d)

Name(a)

3

Christina Kilmer

January 2 2013







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___________________________Donald Kilmer

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seq


























































































































































368020 - Exceptions






















































368070 - Fires







































































368100 - Parking















368130 - Noise











































through it









































Person served

Address

APP-009



FOR COURT USE ONLY

Case Name





3

(b)

(4)

a

(1)

wwwcourtinfocagov

Page 1 of 2

(b)

(a)(3)

Name(i)

(ii)

Person served

AddressName(i)

(ii)

(c) Person served

AddressName(i)

(ii)

Date mailed(2)

(a)


January 2 2013

San Jose CA


CIV 509185A136092

X

X

X

X








Date


Person served


Date delivered

Time delivered




(1)

(b)

(c)

(d)

b


APP-009

Name(a)

Person served


Date delivered

Time delivered

(2)

(b)

(c)

(d)

Name(a)

Person served


Date delivered

Time delivered

(3)

(b)

(c)

(d)

Name(a)

3

Christina Kilmer

January 2 2013






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___________________________Donald Kilmer

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seq


























































































































































368020 - Exceptions






















































368070 - Fires







































































368100 - Parking















368130 - Noise











































through it









































Person served

Address

APP-009



FOR COURT USE ONLY

Case Name





3

(b)

(4)

a

(1)

wwwcourtinfocagov

Page 1 of 2

(b)

(a)(3)

Name(i)

(ii)

Person served

AddressName(i)

(ii)

(c) Person served

AddressName(i)

(ii)

Date mailed(2)

(a)


January 2 2013

San Jose CA


CIV 509185A136092

X

X

X

X








Date


Person served


Date delivered

Time delivered




(1)

(b)

(c)

(d)

b


APP-009

Name(a)

Person served


Date delivered

Time delivered

(2)

(b)

(c)

(d)

Name(a)

Person served


Date delivered

Time delivered

(3)

(b)

(c)

(d)

Name(a)

3

Christina Kilmer

January 2 2013








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___________________________Donald Kilmer

-18-



























































seq


























































































































































368020 - Exceptions






















































368070 - Fires







































































368100 - Parking















368130 - Noise











































through it









































Person served

Address

APP-009



FOR COURT USE ONLY

Case Name





3

(b)

(4)

a

(1)

wwwcourtinfocagov

Page 1 of 2

(b)

(a)(3)

Name(i)

(ii)

Person served

AddressName(i)

(ii)

(c) Person served

AddressName(i)

(ii)

Date mailed(2)

(a)


January 2 2013

San Jose CA


CIV 509185A136092

X

X

X

X








Date


Person served


Date delivered

Time delivered




(1)

(b)

(c)

(d)

b


APP-009

Name(a)

Person served


Date delivered

Time delivered

(2)

(b)

(c)

(d)

Name(a)

Person served


Date delivered

Time delivered

(3)

(b)

(c)

(d)

Name(a)

3

Christina Kilmer

January 2 2013






-2-




-3-


-4-





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-8-








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-14-




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-17-








___________________________Donald Kilmer

-18-



























































seq


























































































































































368020 - Exceptions






















































368070 - Fires







































































368100 - Parking















368130 - Noise











































through it









































Person served

Address

APP-009



FOR COURT USE ONLY

Case Name





3

(b)

(4)

a

(1)

wwwcourtinfocagov

Page 1 of 2

(b)

(a)(3)

Name(i)

(ii)

Person served

AddressName(i)

(ii)

(c) Person served

AddressName(i)

(ii)

Date mailed(2)

(a)


January 2 2013

San Jose CA


CIV 509185A136092

X

X

X

X








Date


Person served


Date delivered

Time delivered




(1)

(b)

(c)

(d)

b


APP-009

Name(a)

Person served


Date delivered

Time delivered

(2)

(b)

(c)

(d)

Name(a)

Person served


Date delivered

Time delivered

(3)

(b)

(c)

(d)

Name(a)

3

Christina Kilmer

January 2 2013






-3-


-4-





-6-









-8-








-9-



-10-




-11-




-12-







-14-




-15-










-17-








___________________________Donald Kilmer

-18-



























































seq


























































































































































368020 - Exceptions






















































368070 - Fires







































































368100 - Parking















368130 - Noise











































through it









































Person served

Address

APP-009



FOR COURT USE ONLY

Case Name





3

(b)

(4)

a

(1)

wwwcourtinfocagov

Page 1 of 2

(b)

(a)(3)

Name(i)

(ii)

Person served

AddressName(i)

(ii)

(c) Person served

AddressName(i)

(ii)

Date mailed(2)

(a)


January 2 2013

San Jose CA


CIV 509185A136092

X

X

X

X








Date


Person served


Date delivered

Time delivered




(1)

(b)

(c)

(d)

b


APP-009

Name(a)

Person served


Date delivered

Time delivered

(2)

(b)

(c)

(d)

Name(a)

Person served


Date delivered

Time delivered

(3)

(b)

(c)

(d)

Name(a)

3

Christina Kilmer

January 2 2013




-4-





-6-









-8-








-9-



-10-




-11-




-12-







-14-




-15-










-17-








___________________________Donald Kilmer

-18-



























































seq


























































































































































368020 - Exceptions






















































368070 - Fires







































































368100 - Parking















368130 - Noise











































through it









































Person served

Address

APP-009



FOR COURT USE ONLY

Case Name





3

(b)

(4)

a

(1)

wwwcourtinfocagov

Page 1 of 2

(b)

(a)(3)

Name(i)

(ii)

Person served

AddressName(i)

(ii)

(c) Person served

AddressName(i)

(ii)

Date mailed(2)

(a)


January 2 2013

San Jose CA


CIV 509185A136092

X

X

X

X








Date


Person served


Date delivered

Time delivered




(1)

(b)

(c)

(d)

b


APP-009

Name(a)

Person served


Date delivered

Time delivered

(2)

(b)

(c)

(d)

Name(a)

Person served


Date delivered

Time delivered

(3)

(b)

(c)

(d)

Name(a)

3

Christina Kilmer

January 2 2013







-6-









-8-








-9-



-10-




-11-




-12-







-14-




-15-










-17-








___________________________Donald Kilmer

-18-



























































seq


























































































































































368020 - Exceptions






















































368070 - Fires







































































368100 - Parking















368130 - Noise











































through it









































Person served

Address

APP-009



FOR COURT USE ONLY

Case Name





3

(b)

(4)

a

(1)

wwwcourtinfocagov

Page 1 of 2

(b)

(a)(3)

Name(i)

(ii)

Person served

AddressName(i)

(ii)

(c) Person served

AddressName(i)

(ii)

Date mailed(2)

(a)


January 2 2013

San Jose CA


CIV 509185A136092

X

X

X

X








Date


Person served


Date delivered

Time delivered




(1)

(b)

(c)

(d)

b


APP-009

Name(a)

Person served


Date delivered

Time delivered

(2)

(b)

(c)

(d)

Name(a)

Person served


Date delivered

Time delivered

(3)

(b)

(c)

(d)

Name(a)

3

Christina Kilmer

January 2 2013











-8-








-9-



-10-




-11-




-12-







-14-




-15-










-17-








___________________________Donald Kilmer

-18-



























































seq


























































































































































368020 - Exceptions






















































368070 - Fires







































































368100 - Parking















368130 - Noise











































through it









































Person served

Address

APP-009



FOR COURT USE ONLY

Case Name





3

(b)

(4)

a

(1)

wwwcourtinfocagov

Page 1 of 2

(b)

(a)(3)

Name(i)

(ii)

Person served

AddressName(i)

(ii)

(c) Person served

AddressName(i)

(ii)

Date mailed(2)

(a)


January 2 2013

San Jose CA


CIV 509185A136092

X

X

X

X








Date


Person served


Date delivered

Time delivered




(1)

(b)

(c)

(d)

b


APP-009

Name(a)

Person served


Date delivered

Time delivered

(2)

(b)

(c)

(d)

Name(a)

Person served


Date delivered

Time delivered

(3)

(b)

(c)

(d)

Name(a)

3

Christina Kilmer

January 2 2013










-9-



-10-




-11-




-12-







-14-




-15-










-17-








___________________________Donald Kilmer

-18-



























































seq


























































































































































368020 - Exceptions






















































368070 - Fires







































































368100 - Parking















368130 - Noise











































through it









































Person served

Address

APP-009



FOR COURT USE ONLY

Case Name





3

(b)

(4)

a

(1)

wwwcourtinfocagov

Page 1 of 2

(b)

(a)(3)

Name(i)

(ii)

Person served

AddressName(i)

(ii)

(c) Person served

AddressName(i)

(ii)

Date mailed(2)

(a)


January 2 2013

San Jose CA


CIV 509185A136092

X

X

X

X








Date


Person served


Date delivered

Time delivered




(1)

(b)

(c)

(d)

b


APP-009

Name(a)

Person served


Date delivered

Time delivered

(2)

(b)

(c)

(d)

Name(a)

Person served


Date delivered

Time delivered

(3)

(b)

(c)

(d)

Name(a)

3

Christina Kilmer

January 2 2013





-10-




-11-




-12-







-14-




-15-










-17-








___________________________Donald Kilmer

-18-



























































seq


























































































































































368020 - Exceptions






















































368070 - Fires







































































368100 - Parking















368130 - Noise











































through it









































Person served

Address

APP-009



FOR COURT USE ONLY

Case Name





3

(b)

(4)

a

(1)

wwwcourtinfocagov

Page 1 of 2

(b)

(a)(3)

Name(i)

(ii)

Person served

AddressName(i)

(ii)

(c) Person served

AddressName(i)

(ii)

Date mailed(2)

(a)


January 2 2013

San Jose CA


CIV 509185A136092

X

X

X

X








Date


Person served


Date delivered

Time delivered




(1)

(b)

(c)

(d)

b


APP-009

Name(a)

Person served


Date delivered

Time delivered

(2)

(b)

(c)

(d)

Name(a)

Person served


Date delivered

Time delivered

(3)

(b)

(c)

(d)

Name(a)

3

Christina Kilmer

January 2 2013






-11-




-12-







-14-




-15-










-17-








___________________________Donald Kilmer

-18-



























































seq


























































































































































368020 - Exceptions






















































368070 - Fires







































































368100 - Parking















368130 - Noise











































through it









































Person served

Address

APP-009



FOR COURT USE ONLY

Case Name





3

(b)

(4)

a

(1)

wwwcourtinfocagov

Page 1 of 2

(b)

(a)(3)

Name(i)

(ii)

Person served

AddressName(i)

(ii)

(c) Person served

AddressName(i)

(ii)

Date mailed(2)

(a)


January 2 2013

San Jose CA


CIV 509185A136092

X

X

X

X








Date


Person served


Date delivered

Time delivered




(1)

(b)

(c)

(d)

b


APP-009

Name(a)

Person served


Date delivered

Time delivered

(2)

(b)

(c)

(d)

Name(a)

Person served


Date delivered

Time delivered

(3)

(b)

(c)

(d)

Name(a)

3

Christina Kilmer

January 2 2013






-12-







-14-




-15-










-17-








___________________________Donald Kilmer

-18-



























































seq


























































































































































368020 - Exceptions






















































368070 - Fires







































































368100 - Parking















368130 - Noise











































through it









































Person served

Address

APP-009



FOR COURT USE ONLY

Case Name





3

(b)

(4)

a

(1)

wwwcourtinfocagov

Page 1 of 2

(b)

(a)(3)

Name(i)

(ii)

Person served

AddressName(i)

(ii)

(c) Person served

AddressName(i)

(ii)

Date mailed(2)

(a)


January 2 2013

San Jose CA


CIV 509185A136092

X

X

X

X








Date


Person served


Date delivered

Time delivered




(1)

(b)

(c)

(d)

b


APP-009

Name(a)

Person served


Date delivered

Time delivered

(2)

(b)

(c)

(d)

Name(a)

Person served


Date delivered

Time delivered

(3)

(b)

(c)

(d)

Name(a)

3

Christina Kilmer

January 2 2013









-14-




-15-










-17-








___________________________Donald Kilmer

-18-



























































seq


























































































































































368020 - Exceptions






















































368070 - Fires







































































368100 - Parking















368130 - Noise











































through it









































Person served

Address

APP-009



FOR COURT USE ONLY

Case Name





3

(b)

(4)

a

(1)

wwwcourtinfocagov

Page 1 of 2

(b)

(a)(3)

Name(i)

(ii)

Person served

AddressName(i)

(ii)

(c) Person served

AddressName(i)

(ii)

Date mailed(2)

(a)


January 2 2013

San Jose CA


CIV 509185A136092

X

X

X

X








Date


Person served


Date delivered

Time delivered




(1)

(b)

(c)

(d)

b


APP-009

Name(a)

Person served


Date delivered

Time delivered

(2)

(b)

(c)

(d)

Name(a)

Person served


Date delivered

Time delivered

(3)

(b)

(c)

(d)

Name(a)

3

Christina Kilmer

January 2 2013






-15-










-17-








___________________________Donald Kilmer

-18-



























































seq


























































































































































368020 - Exceptions






















































368070 - Fires







































































368100 - Parking















368130 - Noise











































through it









































Person served

Address

APP-009



FOR COURT USE ONLY

Case Name





3

(b)

(4)

a

(1)

wwwcourtinfocagov

Page 1 of 2

(b)

(a)(3)

Name(i)

(ii)

Person served

AddressName(i)

(ii)

(c) Person served

AddressName(i)

(ii)

Date mailed(2)

(a)


January 2 2013

San Jose CA


CIV 509185A136092

X

X

X

X








Date


Person served


Date delivered

Time delivered




(1)

(b)

(c)

(d)

b


APP-009

Name(a)

Person served


Date delivered

Time delivered

(2)

(b)

(c)

(d)

Name(a)

Person served


Date delivered

Time delivered

(3)

(b)

(c)

(d)

Name(a)

3

Christina Kilmer

January 2 2013












-17-








___________________________Donald Kilmer

-18-



























































seq


























































































































































368020 - Exceptions






















































368070 - Fires







































































368100 - Parking















368130 - Noise











































through it









































Person served

Address

APP-009



FOR COURT USE ONLY

Case Name





3

(b)

(4)

a

(1)

wwwcourtinfocagov

Page 1 of 2

(b)

(a)(3)

Name(i)

(ii)

Person served

AddressName(i)

(ii)

(c) Person served

AddressName(i)

(ii)

Date mailed(2)

(a)


January 2 2013

San Jose CA


CIV 509185A136092

X

X

X

X








Date


Person served


Date delivered

Time delivered




(1)

(b)

(c)

(d)

b


APP-009

Name(a)

Person served


Date delivered

Time delivered

(2)

(b)

(c)

(d)

Name(a)

Person served


Date delivered

Time delivered

(3)

(b)

(c)

(d)

Name(a)

3

Christina Kilmer

January 2 2013










___________________________Donald Kilmer

-18-



























































seq


























































































































































368020 - Exceptions






















































368070 - Fires







































































368100 - Parking















368130 - Noise











































through it









































Person served

Address

APP-009



FOR COURT USE ONLY

Case Name





3

(b)

(4)

a

(1)

wwwcourtinfocagov

Page 1 of 2

(b)

(a)(3)

Name(i)

(ii)

Person served

AddressName(i)

(ii)

(c) Person served

AddressName(i)

(ii)

Date mailed(2)

(a)


January 2 2013

San Jose CA


CIV 509185A136092

X

X

X

X








Date


Person served


Date delivered

Time delivered




(1)

(b)

(c)

(d)

b


APP-009

Name(a)

Person served


Date delivered

Time delivered

(2)

(b)

(c)

(d)

Name(a)

Person served


Date delivered

Time delivered

(3)

(b)

(c)

(d)

Name(a)

3

Christina Kilmer

January 2 2013





























































seq


























































































































































368020 - Exceptions






















































368070 - Fires







































































368100 - Parking















368130 - Noise











































through it









































Person served

Address

APP-009



FOR COURT USE ONLY

Case Name





3

(b)

(4)

a

(1)

wwwcourtinfocagov

Page 1 of 2

(b)

(a)(3)

Name(i)

(ii)

Person served

AddressName(i)

(ii)

(c) Person served

AddressName(i)

(ii)

Date mailed(2)

(a)


January 2 2013

San Jose CA


CIV 509185A136092

X

X

X

X








Date


Person served


Date delivered

Time delivered




(1)

(b)

(c)

(d)

b


APP-009

Name(a)

Person served


Date delivered

Time delivered

(2)

(b)

(c)

(d)

Name(a)

Person served


Date delivered

Time delivered

(3)

(b)

(c)

(d)

Name(a)

3

Christina Kilmer

January 2 2013

























































































































































368020 - Exceptions






















































368070 - Fires







































































368100 - Parking















368130 - Noise











































through it









































Person served

Address

APP-009



FOR COURT USE ONLY

Case Name





3

(b)

(4)

a

(1)

wwwcourtinfocagov

Page 1 of 2

(b)

(a)(3)

Name(i)

(ii)

Person served

AddressName(i)

(ii)

(c) Person served

AddressName(i)

(ii)

Date mailed(2)

(a)


January 2 2013

San Jose CA


CIV 509185A136092

X

X

X

X








Date


Person served


Date delivered

Time delivered




(1)

(b)

(c)

(d)

b


APP-009

Name(a)

Person served


Date delivered

Time delivered

(2)

(b)

(c)

(d)

Name(a)

Person served


Date delivered

Time delivered

(3)

(b)

(c)

(d)

Name(a)

3

Christina Kilmer

January 2 2013













































368070 - Fires







































































368100 - Parking















368130 - Noise











































through it









































Person served

Address

APP-009



FOR COURT USE ONLY

Case Name





3

(b)

(4)

a

(1)

wwwcourtinfocagov

Page 1 of 2

(b)

(a)(3)

Name(i)

(ii)

Person served

AddressName(i)

(ii)

(c) Person served

AddressName(i)

(ii)

Date mailed(2)

(a)


January 2 2013

San Jose CA


CIV 509185A136092

X

X

X

X








Date


Person served


Date delivered

Time delivered




(1)

(b)

(c)

(d)

b


APP-009

Name(a)

Person served


Date delivered

Time delivered

(2)

(b)

(c)

(d)

Name(a)

Person served


Date delivered

Time delivered

(3)

(b)

(c)

(d)

Name(a)

3

Christina Kilmer

January 2 2013
































































368100 - Parking















368130 - Noise











































through it









































Person served

Address

APP-009



FOR COURT USE ONLY

Case Name





3

(b)

(4)

a

(1)

wwwcourtinfocagov

Page 1 of 2

(b)

(a)(3)

Name(i)

(ii)

Person served

AddressName(i)

(ii)

(c) Person served

AddressName(i)

(ii)

Date mailed(2)

(a)


January 2 2013

San Jose CA


CIV 509185A136092

X

X

X

X








Date


Person served


Date delivered

Time delivered




(1)

(b)

(c)

(d)

b


APP-009

Name(a)

Person served


Date delivered

Time delivered

(2)

(b)

(c)

(d)

Name(a)

Person served


Date delivered

Time delivered

(3)

(b)

(c)

(d)

Name(a)

3

Christina Kilmer

January 2 2013








368130 - Noise











































through it









































Person served

Address

APP-009



FOR COURT USE ONLY

Case Name





3

(b)

(4)

a

(1)

wwwcourtinfocagov

Page 1 of 2

(b)

(a)(3)

Name(i)

(ii)

Person served

AddressName(i)

(ii)

(c) Person served

AddressName(i)

(ii)

Date mailed(2)

(a)


January 2 2013

San Jose CA


CIV 509185A136092

X

X

X

X








Date


Person served


Date delivered

Time delivered




(1)

(b)

(c)

(d)

b


APP-009

Name(a)

Person served


Date delivered

Time delivered

(2)

(b)

(c)

(d)

Name(a)

Person served


Date delivered

Time delivered

(3)

(b)

(c)

(d)

Name(a)

3

Christina Kilmer

January 2 2013






































through it









































Person served

Address

APP-009



FOR COURT USE ONLY

Case Name





3

(b)

(4)

a

(1)

wwwcourtinfocagov

Page 1 of 2

(b)

(a)(3)

Name(i)

(ii)

Person served

AddressName(i)

(ii)

(c) Person served

AddressName(i)

(ii)

Date mailed(2)

(a)


January 2 2013

San Jose CA


CIV 509185A136092

X

X

X

X








Date


Person served


Date delivered

Time delivered




(1)

(b)

(c)

(d)

b


APP-009

Name(a)

Person served


Date delivered

Time delivered

(2)

(b)

(c)

(d)

Name(a)

Person served


Date delivered

Time delivered

(3)

(b)

(c)

(d)

Name(a)

3

Christina Kilmer

January 2 2013
































Person served

Address

APP-009



FOR COURT USE ONLY

Case Name





3

(b)

(4)

a

(1)

wwwcourtinfocagov

Page 1 of 2

(b)

(a)(3)

Name(i)

(ii)

Person served

AddressName(i)

(ii)

(c) Person served

AddressName(i)

(ii)

Date mailed(2)

(a)


January 2 2013

San Jose CA


CIV 509185A136092

X

X

X

X








Date


Person served


Date delivered

Time delivered




(1)

(b)

(c)

(d)

b


APP-009

Name(a)

Person served


Date delivered

Time delivered

(2)

(b)

(c)

(d)

Name(a)

Person served


Date delivered

Time delivered

(3)

(b)

(c)

(d)

Name(a)

3

Christina Kilmer

January 2 2013






Date


Person served


Date delivered

Time delivered




(1)

(b)

(c)

(d)

b


APP-009

Name(a)

Person served


Date delivered

Time delivered

(2)

(b)

(c)

(d)

Name(a)

Person served


Date delivered

Time delivered

(3)

(b)

(c)

(d)

Name(a)

3

Christina Kilmer

January 2 2013



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