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Ordinance 2524RPB:jt 7/25/85 ORDINANCE NO. 2524 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING SECTION 5.40.010 OF THE EDMONDS MUNICIPAL CODE ENTITLED "UNLAWFUL DISCHARGE"; AMENDING SECTION 5.40.020 OF THE EDMONDS MUNICIPAL CODE ENTITLED "AIMING FIREARM OR OTHER DEADLY WEAPON"; REPEALING SECTIONS 5.40.030 AND 5.40.040 OF THE EDMONDS MUNICIPAL CODE ENTITLED "CONCEALED WEAPON" AND "CONCEALED WEAPON PERMIT"; ADDING A NEW SECTION 5.40.030 ADOPTING REVISED CODE OF WASHING - TON PROVISIONS ON FIREARMS; ADDING A NEW SECTION 5.40.040 TO PROVIDE FOR A PENALTY FOR VIOLATING CHAPTER 5.40; AND DECLARING AN EMERGENCY REQUIRING THAT THIS ORDINANCE BECOME EFFECTIVE IMMEDIATELY. WHEREAS, the Edmonds City Council recognizes that Engrossed Substitute Senate Bill No. 3450, effective July 28, 1985, prohibits cities from enacting firearm regulations and penalties for violating firearm regulations which are more restrictive than state laws, and WHEREAS, this ordinance is necessary to satisfy the requirements of ESSB No. 3450, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 5.40.010 of the Edmonds Municipal Code is hereby amended to read as follows: 5.40.010 Discharge of firearms prohibited. It is unlawful for any person to discharge any firearm in the City of Edmonds where there is reasonable likelihood of injury to humans, domestic animals or property, provided that this prohibition does not apply to the discharge of firearms by law enforcement officers engaged in the performance of their official powers or duties. This section shall not abridge the right of the individual guaranteed by Article I, section 24 of the State Constitution to bear arms in defense of self or others. Section 2. Section 5.40.020 of the Edmonds Municipal Code is hereby amended to read as follows: 5.40.020 Aiming or Discharging Weapons It is unlawful for any person to willfully: A. Aim any loaded or unloaded gun, pistol, revolver or other firearm at or towards any human being; B. Discharge any airgun or weapon other than a firearm; or C. Throw any deadly missile in a public place or in any place where any person might be endangered thereby, although no injury shall result. Section 3. Section 5.40.030 of Edmonds Municipal Code entitled "Concealed Weapon" and Section 5.40.040 of the Edmonds Municipal Code entitled "Concealed Weapon Permit" are hereby repealed. Section 4. There is hereby added to the Edmonds Muni- cipal Code a new Section 5.40.030 to read as follows: 5.40.030 Firearms and dangerous weapons - Prohi- bitions. The following statutes of the state of Washington are adopted by reference: RCW 9.41.010 Terms defined RCW 9.41.050 Carrying pistol RCW 9.41.060 Exception RCW 9.41.070 Issuance of licenses to carry RCW 9.41.080 Delivery to minors and others forbidden RCW 9.41.090 Sales regulated - Application to purchase - Grounds for denial RCW 9.41.093 Exemptions RCW 9.41.095 Denial of application - Appeal RCW 9.41.098 Forfeiture of firearms, order by courts - Return to owner - Confiscation by law enforcement officer RCW 9.41.100 Dealer's licenses, by whom granted and condition thereof - Wholesale sales excepted - Permits prohibited - 2 - RCW 9.41.120 RCW 9.41.130 RCW 9.41.140 RCW 9.41.150 RCW 9.41.170 RCW 9.41.240 RCW 9.41.250 RCW 9.41.260 RCW 9.41.270 RCW 9.41.280 Certain transfers forbidden False information forbidden Alteration of identifying marks prohibited Exceptions Alien's license to carry firearms - Exception Use of firearms by minor Dangerous weapons - Evidence Dangerous exhibitions Weapons apparently capable of producing bodily harm, carrying, exhibiting, displaying or drawing unlawful - Penalty - Exceptions Students carrying dangerous weapons on school property Section 5. There is hereby added to the Edmonds Municipal Code a new Section 5.40.040 to read as follows: 5.40.040 Penalt . Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof, be punished by a fine not to exceed one thousand dollars ($1,000), or by imprisonment in jail for a term not exceeding ninety (90) days, or by both such fine and imprisonment. Section 6. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitu- tional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitu- tionality of any other section, sentence, clause or phrase of this ordinance. Section 7. The City Council hereby declares that an emergency exists necessitating that this ordinance take effect immediately upon passage by a unanimous vote of the members of - 3 - the City Council. This ordinance shall be published in the official newspaper of the City. APPROVED: MAYOR, LAR S. PAUGHTER ATTEST/AUTHENTICATED: T TY CLERK, JACQUELINE G. PARRETT APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY (4) FILED WITH THE CITY CLERK: July 29, 1985 PASSED BY THE CITY COUNCIL: September 10, 1985 PUBLISHED: September 15, 1985 EFFECTIVE DATE: September 10, 1985 ORDINANCE NO. 2524 - 4 - STATE; OF WASHINGTON, '^-�--��• c ewinvnnn ss. ORDINANCE NO, 2524 - ,AN ORDINANCE OF TH--.E CMOND$, WASH. INGTON"AMENDING SECTION 5.40,010 OF THE ED-. MONDS MUNICIPAL CODE ENTITLED "UNLAWFUL DISCHARGE"; AMENDING SECTION SA0.020'OF THE ,EOMONDS MUNICIPAL CODE ENTITLED "AIMING FIREARM QR-OTHER DEADLY WEAPON"'; REPEAL- ING SECTIONS SA0,030 AND $.40.040,OF•'THE ED- MONDS MUNICIPAL CODE ENTITLED'"CONCEALED WEAPON" AND "CONCEALED WEAPON PERMIT"; ADDING A NEW .SECTION 5.40.030 ADOPTING REVISED 'CODE.. OF _W.ASHINGTON PROVISIONS ON FIREARMS; .ADDING A NEW SECTION 5.40,040, TO PROVIDE FOR APENALTY FOR VIOLATING CHAP- TER. SAO;.. AND.,` DECLARING AN �EMERGENCY RE- QUIRING THAT THIS ORDINANCE BECOME .EFFEC- TIVE IMMEDIATELY. WHEREAS;,the Edmonds City Council recognj;es that Engrossed Substitute Senate ""Bit , No. 3450, effective .July 28, 1985,E prohibits cities from,enacting firearm regulations and - Penallies for-^y,iplolir,,g:dyrear-,rv�..-ca44lat{9ns ,whlch..,a�,p,,,�,Qf_,,;,, restrictive then state laws, 'oncl - WHEREAS,"i this ordinance is necessary' to satisfy the reouirements of ESSB No. 3430, now, therefore,. THE CITY COUNCIL OP THE CITY- OF .EDMONDS, -- WASHINGTON, DO ORDAIN `AS FOLLOWS:.. Section 1. Section 5,40.010 of the Edmonds .Municipol Code" is Terri" eiY,orHended to read as.follow*: - 5.40.010 Discharge at firearms prohibited. If"'is unlawful. far . any Person - 0 lsc urge any (rearm in the City of Edmonds whereahere is reasonable likelihood of injury to humans, domestic animals or property, provided that this prohibition does not apply to the discharges of'41rearms. by law enforcement officers engaged in the �'aerforrrl.ance.of' their , official powers or duties: This. section shall not . abridge. the ;right'of The Indivldua)'guaranteed by Article I; section 24.. of -.the State.. Constitution to,,'beam armsin defense of self or others.' . Section 2 Section ',5.40.020'of the Edmonds Municipal Code, Is ere y amended. to read as follows: 5.40:020:Aiming or pischprgingWeapons_ LT is uniuw1ul lor any pe 5on TO wl u V. .A. Alm any loaded 'or urtloaded:`'gun, pistol; revolver or other. firearm,of or towards any human•;peing; B.'Discharge.any airpun or weappn.other than a firearm;', or C.' Throw any deadly missile in a public. .place or' In. any- place where any Person might be endangered thereby, 'although no injury shall -result. " _SJctjon Section 5.40.030 of 'Edmonds-Municipat. Code n l e Concealed Weapon" and Section 5.40.040 of the: Edmonds Municipal Code entitled "Concealed Weapon .Per- mit" are hereby repealed: Section' 4. There is hereby' added to the Edmonds Municj- paTZooe a anew Section 5.40.030 to read as follows:' 5.40:030 Firearms and -Dan emus weapons — Proh(bitions. . e o ow ng s a u es o e sae o as ln0 on ore ' adopted by reference`. RCW 9,41.010 Terms defined RCW 941.050 Carrying pistol RCW 9,41.060 ;Exception RCW9,AL:070Issuance oflicensestocarry -- 'RCW 9.41.080. Delivery to minors and others forbidden RCW' 9.41.090 Sales regulated — Application to purchase — Grounds for denial - •RCW 9.41.093' Exemptions _RL.W-3.4.t:0aS—F�refe.it.,.,ce_of—fir-eaucn s,..acdeclxY,'.cp.{iLls.,— .R'etvrm to owner — Confiscation by law enforcement officer -RCW 9.41,100-Dealer's licenses, by whom granted and condition, thereof - Wholesale sales excepted — Permits prohibited. RCW 9 41 120 Certain transfers forbidden RCW 9.41 130, False information forbidden RCW 9.47 140 Alteration of Identifying marks prohibited RCW 9.41 150 Exceptions RCW 9.41,170 Alien's license to carry firearms -7 - Exception - RCW9.41.240 Use of firearms by minor* RCW 9,41.250 Dangerous weapons Evidence RCW-9.41.260 Dangerous exhibitions 'RCW 9.41,270 Weapons apparently capable of producing bodily harm, carrying,. exhibiting, ' displaying or drawing unlawful — Penalty - 'Exceptions RCW 9:41i280. Students carrying dangerous weapons on school' Property Section`5. There is, hereby added to the Edmonds,MunicG. pa`l Cooce..a new S,edlon 5.40.040 io read :as follows: 5.40.040 Penglt -;Any person violating any of the provi- sions is 'hooter shall ,be guilty of a misdemeanor, and, upon conviction thereof, be punished by a tine not to exceed' onethousand dollars ($1,000), or by. imprisonment In •join. for a term not exceeding ninety (90) days, or by both such :fjne and. Imprisonment, SectI n 6 If any section, sentence, clause or phrase of this OP monce shoulai,$e held to be invalid or unconstitutional by a court rof competent jurisdiction, such invalidity or uncon- stitutionality shall not affect The validity. or constitutionality of any other section,,, sentence, clause, or phrase of this ,ordinance.. Section 7.. The 'City 'Council hereby declares that an emer- r`g. cv ex s s .necessitating that this ordinance take effect Immediately upon passage ..by. a. unanimous :vote ''of the Members of'the-City Council:' This ordinance, shall be pleb. ,lIshed in the'official newspaper of the City. APPROVED': - LARRY S. NAUGHTEN, Mayor ATTEST/AUTHENTICATED; JACQUELINE G. PAR-RETT City Clerk - OFFICE OF THE CITY ATTORNEY: FICEiSVCOT_T S�1YDZE 9TTR-TAE��TPCLERK: July 29, 1985. PASSED BY THE CITY COUNCIL: September 10, 1985, EFFECTIVE DATE: September.10, 1985. ORDINANCE NO: 2524.. : ' Published: September 15, 1985: Affidavit of Publication The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice... ......................... ........... Ordinance 2.524 ............................................................................................................................... .... ........................................................................................... a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: ..Se.p.t.enzb.e.:r....15...... �_.'9.8 5.................................................................... and that said newspaper was regularly distributed to its subscribers during all of said p .............. 2. ........ ...,........... - :...................... Principal Clerk 1ht:h Subscribed and sworn to before me this........ I ................... September 85 ayof ..... ................ .::......................./.. 19........ Notary u lic in a�hd for'the State of Washington, residing a Everett, Snohomish County.