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