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HomeMy WebLinkAbout3034 Ordinance - Amending PMC Chapter 9.24ORDINANCE NO. 3 AN ORDINANCE relating to firearms, exempting the City of Pasco from a restriction of State Law, and amending Chapter 9 24 of the Pasco Municipal Code by adding section 9 24 080 WHEREAS, subsection 404(4), Chapter 7, Laws 1994 prohibits a person from carrying a firearm unless it is unloaded and enclosed in an opaque case or secure wrapper except as otherwise provided in said chapter, and WHEREAS, subsection 405(6) Chapter 7, Laws 1994 authorizes the City to enact an Ordinance to exempt itself from the above prohibition, and WHEREAS, the City Council believes that the above prohibition is not in the interest of the public health, welfare and safety and therefore desires to enact the appropriate Ordinance to implement the exemption, now, therefore, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: §1. New Section 9 24 080 of the Pasco Municipal Code is hereby created, which section shall read as follows 9 24 080 EXEMPTION FROM STATE LAW PROHIBITION AGAINST CARRYING FIREARMS IN OPEN VIEW The City of Pasco is hereby exempted from the prohibition in subsection 405(4) Chapter 7, Laws 1994 and RCW 9 41 050(4) which prohibits a person from carrying a firearm unless it is unloaded and enclosed in an opaque case or wrapper or the person meets one of the exceptions listed therein §2. This Ordinance shall take effect five (5) days after passage and publication Passed by the City Council of the City of Pasco, at a regular meeting this 18th day of July, 1994 City of Pasco: APPROVED AS TO FORM: A RUBSTELL Attorney ATTEST. Deputy City Clerk / CATHERINE D SEA— AN Ordinance No// Page 2 of 2 COUNTY OF BENTON S S STATE OF WASHINGTON CARLA ALFORD , being duly sworn, deposes and says, I am the Legal Clerk of the Tn-City Herald, a daily newspaper That said newspaper is a legal newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publication hereinafter referred to, published countinually as a daily newspa- per in Benton County, Washington That the attached is a true copy of a 17.21 ORDINANCE NO . 70:4 A as it was printed in the regular and entire issue of the Tn-City Herald itself and not in a supplement thereof, 1 time(s), commencing on 07/24/9"4 , and ending on 07/24/9'4 , and that said newspaper was regulary distributed to its subscribers during all of this period odllA, 40)-ie.4 SUBSCRIBED AND SWORN BEFORE ME THIS DAY OF 11-043-cmyt - , Notary public in and for the State of Wash- ington, residing at PASCO WA COMMISSION EXPIRES 7— /g—fe‘ A c. ic e) 0 k / 1004 , (i* _PO BOX 2608 PASCO WASHINGTON 99302 2608 I PHONE (509) 582 1500 &HIM& AOVEOVOS1100 INVOICE SOLD TO FASCO, CITY OF LEGALS P.O. BOX 2D: PASCO WA 901 DATE 071241%7)4 LEGAL NO #17.21 ACCOUNT NO 5 °550 DESCRIPTION 181 ORDINANCE NO 307.4 A TIMES 001 INCHES 6 TOTAL 0 RIOTOCE This is an invoice for legal advertising space Please pay from this invoice as no statement will be rendered Please detach at perforation and return with payment AFF11MMY OF PUE3,1110,7llaRg 40 LEGALS 11 LEGALS easterly along said boundary line to its intersection of the westerly right of-way line of Sacajawea Park Road thence northerly and easterly along the north right of way line of Sacajawea Park Road to its intersection of the east line of Section 34 Township 9 North Range 30 East W M thence north along said east line of Section 34 to the Point of Beginning EXCEPT Roads (G) The following tract shall be designated 1-3 (Heavy In- dustnal) and shall not be con- sidered for a rezone for a pen- od of 20 years from the date of annexation Beginning at the intersection of a line 500 east of and par allel to the east line and east- erly projection of Lot 10 block 105 Gray s East Riverside Addition and the north line of the Columbia River thence north along a line 500 east of and parallel to the east line and easterly projection of Lot 10 Block 105 Gray s East Riverside Addition to the east erly projection of the south line of Block 5 Gray s East Riverside Addition thence north along a line 500 east of and parallel to the west line of the southeast quarter of Sec- tion 34 Township 9 North Range 30 East W M to its in- tersection with the north right- of way line of Ainsworth Av- enue thence east along said north nght of way line to its in- tersection with the west line of the southwest quarter of Sec- tion 33 Township 9 North Range 30 East W M thence north along the east line of Section 33 Township 9 North Range 30 East W M to its in tersection with the former northern boundary of the U S Corps of Engineers Pasco Depot thence southwesterly along said northern bounOry to its intersection with the , north right of way line of S acajawe a Park Road thence southwesterly along the eastern boundary of the U S Corps of Engineers Pas- co Depot to its intersection with the north line of the Co- lumbie Rive thence north- westerly along the north line of the Columbia River to the Point of Beginning EXCEPT Roads Section 4 That said lands shall not assume any portion of the existing indebtedness of the City of Pasco Section 5 That said lands shall be in voting district #1 Section 6 That a certified copy of this ordinance be and the same shall be filed with the Franklin County Commis stoners Section 7 This ordinance shall be in full force and effect five days after publication as required by law PASSED by the City Council of the City of Pasco this 18 day of July 1994 s- Joyce DeF Mayor Attest -s Cath Seaman Dep ity Clerk A ed At To Forrn reg Rubstello ty Attorney #1325 - 7/24/94 THE CITY OF PASCO WASHINGTON DO OR DAIN AS FOLLOWS §1 New section 9 24 080 of the Pasco Municipal Code is hereby created which sec bon shall read as follows 9 24 080 EXEMPTION FROM STATE LAW PROHI- BITION AGAINST CARRY- ING FIREARMS IN OPEN VIEW The City of Pasco is hereby exempted from the prohibition in subsection 405(4) Chapter 7 Laws 1994 and RCW 9 41 050(4) which prohibits a person from carry ing a firearm unless it is un loaded and enclosed in an opaque case or wrapper or the person meets one of the exceptions listed therein §2 This Ordinance shall take effect five (5) days after pas- sage and publication Passed by the City Council of the City of Pasco at a regular meeting this 18th day of july 1994 City of Pasco -s Joyce Defelice Mayor Attest -s Cathenne D Seaman Deputy City Clerk Approved As To Form -s Greg A Rubstello City Attorney #1321 -7/24/94 PUBLIC NOTICE APPOINTMENT OF UNITED STATES MAGISTRATE JUD EASTERN DISTR1', WASHINGTON T. TAT YAKIMA WAS GTON Magistrate Judge James B Hovis will retire in 1 995 The Judges of this Court will ap point his successor from a list of finalists to be determined by a Merit Selection Commit tee The duties of the position of United States Magistrate Judge are demanding and wioe-range (and include the handling of federal civil and cnminal matters including tn al Of jury and nonjury civil cas es4Arith the consent of the par ties j The basic jurisdiction of a United States Magistrate Judge is specified in 28 U S C §636 To be qualified for appoint- ment an applicant must (1) Be a member in good standing of the bar of the highest court of the State the District of Columbia the Commcnwealth of Puerto Ri co or the Virgin Islands of the United States and have been engaged in the active practice of law for a period of at least five (5) years (with some sub stitutes authorized) (2) Be competent to perform all the duties of the office be of good moral character be emotionally stable and ma ture be committed to equal justice under the law be in good health be patient and courteous and be capable of deliberation and decisive- ness (3) Be less than seventy years old and (4) Not be related to a judge of the United States District Court A Merit Selection Panel corn posed of attorneys and other ORDINANCE NO 3034 members of the community AN ORDINANCE relating to will review all applicants and firearms exempting the City recommend to the judges of of Pasco from a restriction of the distnct court in confidence State Law and amending the persons whom it consid- Chapter 9 24 of the Pasco era best qualified The court Municipal Code by adding will make the appointment section 9 24 080 following an FBI full field in- WHEREAS subsection vestigation and IRS tax check 404(4) Chapter 7 Laws of the appointee An affirms- 1 994 prohibits a person from live effort will be made to give carrying a firearm unless it is due consideration to all quali unloaded and enclosed in an fled candidates including opaque case or sect re wrap women and members of mi per except as otherwise pro nonty groups The salary of vided in said chapter end ,the position is $122 912 00 WHEREAS subg ction per annum The person ap 405(6) Chapter 7r Laws,1994t pointed will be based in Yaki authorizes the City to enact ma Washington an Ordinance to exempt itself Applications must be on stan from the above prohibition dard application forms those and forms and further information WHEREAS the City Council on the Magistrate Judge posi believes that the above prohi tion may be obtained from the bition is not in the interest of Clerk of the District Court the public health welfare and James R Larsen Clerk safety and therefore desires United States District Court to enact the appropriate Ordi W 92 Riverside nance to implement the ex- Room 840 emption now thereto:, Spokane WA 99201 THE CITY COUNCIL OF J Applications must be submit- Pi 'WEL. 44c-kinr4wyovo FINANCE DEPARTMENT (509) 545-3401 / Scan 726-3401 / Fax (509) 545-3403 P 0 BOX 293, 412 WEST CLARK, PASCO, WASHINGTON 99301 July 20, 1994 Tn-City Herald P0 Box 2608 Pasco, Wa 99302 Dear Kathy Please publish the attached Ordinance(s) No 3033-3035 on the following date July 24, 1994 Please send two (2) Affidavits of Publication for each Thank you, Catherine D Seaman Deputy City Clerk 545-3402 cds No attachments or maps included < TRANSACTION REPORT > 07-20-1994(WED) 09 13 [ R NJ S I-1 I NO DATE TIME DESTINATION STATION PG DURATION MODE RESULT 4100 7-20 09 07 15095821453 14 0°06'48 NORM E OK 14 0°06'48' BEGILAB Date 7/18/94 DATE May 6, 1993 AGENDA REPORT FOR City Council TO Gary Crutchfiel s. ty Manager FROM D J Francis, •Of of Police ikV/- SUBJECT New Gun Law Exemption REFERENCE(S) (List only those attached) 1, Ordinance. II ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS MOTION: I move to adopt Ordinance No. relating to firearms; exempting the City of Pasco from a restriction of State III Law; and _amendipq Chapter 9.a.,4 of thePMC by adding Section 9.24.080 FISCAL IMPAC (ua-pital Outlay and m u ) None /- IV HISTORY AND FACTS BRIEF During the 1994 Washington State Legislative session, the legislature passed HB2319 (Youth Violence Reduction Act) This bill contained some sweeping changes in the State's gun laws (RCW 9 41) One of the changes was that citizens could no longer openly carry firearms in public with 14 exceptions (RCW 9 41 050 (4)) The new law also provided that Cities, Towns, and Counties may exempt themselves from this law by ordinance V DISCUSSION This new law provides that "No person may carry a firearm unless it is unloaded and enclosed in an opaque case Or secure wrapper" and then lists the 14 exceptions which have to do with certain practical uses of the firearms The law is controversial in that it will prevent citizens from carrying firearms in plain view as they have been able to do in the past The apparent most notable objection is that citizens would no longer be able to carry firearms in gun racks in their vehicles or otherwise openly visible in their vehicles They also would be prohibited from openly and visibly carrying them in holsters on their waists Such prohibitions fly in the face of citizens' strong beliefs in their constitutional rights to bear arms and that it would be an imposition on them to comply with this law The intent of the legislature was apparently to impact the firearms violence problems on the streets through preventing people from being intimidated or frightened by seeing people carrying firearms openly The Gang & Youth violence problems involving the use of firearms was addressed by the legislature in this same act via RCW 941 040 (1)(e) which prohibits persons under 18 years of age from possessing any firearm with the same exceptions as enumerated in RCW 9 41 050 (4) and persons under age 21 cannot obtain concealed pistol permits Several jurisdictions around the State are opting to exempt themselves from this law by passing local ordinances to that effect Benton County and Franklin County are proceeding to exercise this option The Pasco City Council needs to decide if they want to pass an exemption ordinance Some considerations to be discussed 1 Does this new law have a viable and practical interest in an urban setting as opposed to a rural setting 9 2 Confusion and misunderstandings could arise if the unincorporated County jurisdiction is exempted and the City is not County residents would need to insure that they secure their firearms appropriately before making a trip into the City 1 Ka' 3 What problems, if any, have occurred in the City in the past having to do with people openly carrying firearms visibly Answer virtually none VI OTHER COMMENTS While there is no express provision in the law for holding a public hearing on this issue of exemption, it is noted that Benton County did hold one and Franklin County has one scheduled for July 25 The Council may wish to hold one also if an exemption ordinance is contemplated VII ADMINISTRATIVE ROUTING Attachments (1) 2