Ordinance 4121ORDINANCE NO.4121
AN ORDINANCE RELATING TO THE REPORTING OF LOST
OR STOLEN FIREARMS; INCREASING THE MAXIMUM
PENALTY FOR FAILURE TO REPORT A LOST OR STOLEN
FIREARM; ADDING LEGAL PRESUMPTIONS AND
DEFENSES REGARDING COMPLIANCE OR FAILURE TO
COMPLY WITH SECTION 5.24.070 OF THE EDMONDS CITY
CODE
WHEREAS, the city council would like to further strengthen Ordinance 4060, which it
adopted in 2017; and
WHEREAS, the city council would like to provide additional procedures for the
enforcement of Ordinance 4060; and
WHEREAS, the recitals from Ordinance 4060 should be incorporated herein by this
reference; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Section 5.24.070 of the Edmonds City Code, entitled "Reporting theft or loss of
firearm required," is hereby amended to read as follows (new text is shown in underline; deleted
text is shown in strike -through):
5.24.070 Reporting theft or loss of firearm required.
A. If a firearm is lost or stolen, the person who owned or was in possession of the firearm
shall report the theft or loss to the Edmonds Police Department if the loss or theft
occurred in Edmonds. The report shall be made within 24 hours after the theft or loss is
first discovered, and shall include to the extent known:
1. The firearm's caliber, make, model, manufacturer, and serial number;
2. Any other distinguishing number or identification mark on the firearm; and
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3. The circumstances of the loss or theft, including the date, place, and manner.
B. On receipt of a report of a stolen or lost firearm under this section, the Edmonds Police
Department shall enter into the National Crime Information Center Database the
following information, to the extent known:
1. The firearm's caliber, make, model, manufacturer, and serial number; and
2. Any other distinguishing number or identification mark on the firearm.
C. Any violation of or failure to comply with the provisions of this section shall
constitute a civil infraction and shall be punished by a fine not to exceed $590-i ,000.
D. If a lost or stolen firearm is used by a third party to injure or kill. another:
1. The failure to comply with subsection 5.24.070.A is prima facie evidence of
ne&Iigence, but
2. The proper use of measures to safely store or keep a firearm — including
securing it with a locking device, approved of or meeting specifications
established by the Chief of Police by rule promulgated in accordance with
Chapter 5.26 ECC properly en a ed so as to render such weapon inaccessible or
unusable to any person other than the owner or other lawfully authorized user
is an affirmative defense to a claim of negligence. For purposes of this subsection
5.24.070.D.2 "lawfully authorized user" means any 12erson who:
a. Is not in the unlawful possession of a firearm under RCW 9.41.040; and
b. Is not prohibited from possessing a firearm under any other state or
federal law, and
c. Has the express permission of the owner to possess and use the firearm.
Section 2. A new Section 5.24.75 is hereby added to the Edmonds City Code to read as follows:
5.24.075 Notice of infraction —Issuance
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A. A peace officer has the authority to issue a notice of infraction:
1. When an infraction under this Chapter 5.24 is committed in the officer's
presence;
2. If an officer has reasonable cause to believe that a person has committed an
infraction under this Chapter 5.24.
B. A court may issue a notice of infraction upon receipt of a written statement of the
officer that there is reasonable cause to believe that an infraction was committed.
Section 3. A new Section 5.24.080 is hereby added to the Edmonds City Code to read as follows:
5.24.080 Response to notice of infraction —Contesting determination —Hearing —
Failure to appear
A. Any person who receives a notice of infraction shall respond to such notice as
provided in this section within 15 days of the date of the notice is personally served or, if
the notice is served by mail, within 18 days of the date the notice is mailed.
B. If the person determined to have committed the infraction does not contest the
determination the person shall respond by completing the appropriate portion of the
notice of infraction and submitting it, either by mail or in person, to the Edmonds
Municipal Court. A check or money order in the amount of the penalty prescribed for the
infraction must be submitted with the response, if responding by mail, or if responding
online payment may be made using a credit card. When a response that does not contest
the determination is received, an appropriate order shall be entered in the court's records.
C. If the person determined to have committed the infraction wishes to contest the
determination the person shall respond by completing the portion of the notice of
infraction requesting a hearing and submitting it, either by mail or in person, to the
Edmonds Municipal Court. The court shall notify the person in writing of the time, place,
and date of the hearing, and that date shall not be sooner than seven days from the date of
the notice, except by agreement.
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D. If the person determined to have committed the infraction does not contest the
determination but wishes to explain mitigating circumstances surrounding the infraction,
the person shall respond by completing the portion of the notice of infraction requesting a
hearing for that purpose and submitting it, either by mail or in person, to the Edmonds
Municipal Court. The court shall notify the person in writing of the time, place, and date
of the hearing.
E. In any hearing conducted pursuant to subsections 5.24.080.0 or 5.24.080.1), the court
may defer findings, or in a hearing to explain mitigating circumstances may defer entry
of its order for up to one year and impose conditions upon the defendant the court deems
appropriate. Upon deferring findings, the court may assess costs as the court deems
appropriate for administrative processing. If at the end of the deferral period the
defendant has met all conditions and has not been determined to have committed another
infraction under this Chapter 5.24, the court may dismiss the infraction. A person may
not receive more than one deferral within a seven-year period.
F. If any person issued a notice of infraction:
1. Fails to respond to the notice of infraction as provided in subsection
5.24.080.13; or
2. Fails to appear at a hearing requested pursuant to subsections 5.24.080.0 or
5.24.080.D; the court shall enter an appropriate order assessing the monetary
penalty prescribed for the infraction and any other penalty authorized by this
Chapter 5.24.
Section 4. A new Section 5.24.085 is hereby added to the Edmonds City Code to read as follows:
5.24.085 Hearing —Contesting determination that infraction committed —Appeal
A. A hearing held for the purpose of contesting the determination that an infraction has
been committed shall be without a jury.
B. The court may consider the notice of infraction and any other written report made
under oath submitted by the officer who issued the notice or whose written statement was
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the basis for the issuance of the notice in lieu of the officer's personal appearance at the
hearing. The person named in the notice may subpoena witnesses, including the officer,
and has the right to present evidence and examine witnesses present in court.
C. The burden of proof is upon the City to establish the commission of the infraction by a
preponderance of the evidence.
D. After consideration of the evidence and argument, the court shall determine whether
the infraction was committed. Where it has not been established that the infraction was
committed, an order dismissing the notice shall be entered in the court's records. Where it
has been established that the infraction was committed, an appropriate order shall be
entered in the court's records.
E. An appeal from the court's determination or order shall be to the Superior Court. The
decision of the Superior Court is subject only to discretionary review pursuant to Rule 2.3
of the Rules of Appellate Procedure.
Section 5. Severability. If any section, subsection, clause, sentence, or phrase of this ordinance
should be held invalid or unconstitutional, such decision shall not affect the validity of the
remaining portions of this ordinance.
Section 6. Effective Date. This ordinance is subject to referendum and shall take effect thirty
(30) days after final passage of this ordinance. Once effective, this ordinance shall not be
enforced until one hundred eighty (180) days after final passage.
ATTESTIAUTHENTICATED:
SCOTT PAS SEY
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VED:
MIN 91NITA is V.11 IN a I M
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
i E F TARADAY
FILED WITH THE CITY CLERK: July 20, 2018
PASSED BY THE CITY COUNCIL: July 24, 2018
PUBLISHED: July 29, 2018
EFFECTIVE DATE: August 23, 2018
ORDINANCE NO. 4121
0
SUMMARY OF ORDINANCE NO.4121
of the City of Edmonds, Washington
On the 24 h day of July, 2018, the City Council of the City of Edmonds, passed Ordinance No.
4121. A summary of the content of said ordinance, consisting of the title, provides as follows:
AN ORDINANCE RELATING TO THE REPORTING OF LOST
OR STOLEN FIREARMS; INCREASING THE MAXIMUM
PENALTY FOR FAILURE TO REPORT A LOST OR STOLEN
FIREARM; ADDING LEGAL PRESUMPTIONS AND
DEFENSES REGARDING COMPLIANCE OR FAILURE TO
COMPLY WITH SECTION 5.24.070 OF THE EDMONDS CITY
CODE.
The full text of this Ordinance will be mailed upon request.
DATED this 251" day of July, 2018.
CI LERK, SC SSEY
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Everett Daily Herald
Affidavit of Publication
State of Washington }
County of Snohomish } ss
Dicy Sheppard being first duly sworn, upon
oath deposes and says: that he/she is the legal
representative of the Everett Daily Herald a
daily newspaper. The said newspaper is a legal
newspaper by order of the superior court in the
county in which it is published and is now and
has been for more than six months prior to the
date of the first publication of the Notice
hereinafter referred to, published in the English
language continually as a daily newspaper in
Snohomish County, Washington and is and
always has been printed in whole or part in the
Everett Daily Herald and is of general
circulation in said County, and is a legal
newspaper, in accordance with the Chapter 99
of the Laws of 1921, as amended by Chapter
213, Laws of 1941, and approved as a legal
newspaper by order of the Superior Court of
Snohomish County, State of Washington, by
order dated June 16, 1941, and that the annexed
is a true copy of EDH818914 ORDINANCE
4118-4121 as it was published in the regular and
entire issue of said paper and not as a
supplement form thereof for a period of 1
issue(s), such publication commencing on
07/29/2018 and ending on 07/29/2018 and that
said newspaper was regularly distributed to its
subscribers during all of said period.
The amount of the fee for such publication is
$61.92. ]:)L� �1_u
Subscribed and sworn Ifoe, me on this
day of
Nut ry Public in and for the State oy
Washington.
City of Edmonds -LEGAL ADS 114101416
SCOTT PASSEY
Linda p • .
�1111p5
Nary Public
My Apt MWashington
. Expires DV9Q021
Classified Proof
ORDINANCE SUMMARY
of she City of Edmonds. WMIringlon
On the 24th day of July. 2018. Ilse Onv Coimrlf of the City of
Edmonds, Mood Ina following Ofdlnun(mli. the sumnlana6 of sold
pff,Ialtances cornslMmg of tl8ea am Dlovided as follows:
ORDIH�NCE. NO. 4118
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON. AMENDING ORDINANCE NO. 4109 AS A
RESULT OF UNANTiOIPATED TRANSFERS AND
F%PENDi'ruRES OF vARIOUS FUNDS, AND MING A
TIME WHEN THE SAME SHALL BECOME EFFECTIVE
ORDINANCE NO, 4119
AN ORDINANCE DESIGNATING THE EXTERIOR OF THE
YOST HOUSE LOCATED AT 658 MAPLE STREET.
EDMONDS, WASHINGTON FOR INCLUSION ON THE
EDMONDS REGISTER OF HISTORIC PLACES, AND
DIRECTING THE DEVELOPMENT SERVICES DIRECTOR
OR DESIGNEE TO DESIGNATE THE SITE ON THE
OFFICIAL ZONING MAP WITH AN "HR" DESIGNATION.,
AND FIXING A TIMF WHEN THE SAME SHALL BECOMIE
EFFECTIVE.
ORDINANCE NO. 4120
AN ORDINANCE RELATING TO THE SAFE STORAGE OF
AND ACCESS TO FIREARMS
ORDINANCE NO 4121
AN ORDINANCE RELATING TO THE REPORTING OF LOST
OR STOLEN FIREARMS, INCREASING THE MAXIMUM
PENALTY FOR FAILURE TO REPORT A LOST OR STOLEN
RRF-4RM, ADDING LEGAL PRESUMPTIONS AND
DEFENSES REI.ARDING COMPLIANCE OR FAILURE TO
COMPLY WITH SECTION 524.070 OF THE EDMONDS
CITY CODE
The fun text of these Ordinances will be mailed upon request
DATED this 251h day of July, 2018.
CITY CLERK, SCOTT PASSEY
POmhod: July 29, 2018, EDH818914
Proofed by Sheppard, Dicy, 07/30/2018 09:30:52 am Page: 2