§ 9.36.210. Appeal of classification.

A.

If the Chief of Police or his or her designee determines that the firearm under reconsideration has been properly classified as a Saturday night special, then the applicant(s) shall have the right to appeal such decisions to the City Manager, and the applicant(s) shall have the right to a hearing before the City Manager or his or her designee prior to inclusion of the firearm in question on the roster.

B.

The City Manager, or his or her designee, is authorized to establish standards and procedures for the form and content of an appeal, conducting an administrative hearing and evaluating evidentiary testimony relating to the decision of the Chief of Police or his or her designee to classify the firearm in question as a Saturday Night Special as defined in Section 9.36.170A.

C.

The burden of proof shall be on the appellant(s) to demonstrate that the firearm does not constitute a Saturday night special within the meaning of Section 9.36.170A.

D.

All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues and to be represented by counsel.

E.

The City Manager or his or her designee shall hear and consider all relevant evidence. Upon the conclusion of the hearing, the City Manager or his or her designee shall, based on the evidence presented, determine whether the firearm constitutes a Saturday night special within the meaning of Section 9.36.170A.

F.

In all instances, the decision of the City Manager or his or her designee whether to classify the firearm in question as a Saturday night special as defined in the Section 9.36.170A and to place said firearm on the roster is final.

(Ord. 11903 § 1 (part), 1996: prior code § 2-12.08)