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Ordinance 2645RPB/imm RPB002740;0005.16054 08/25/87 10/30/87 2645 ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING SECTION 5.24.010 OF THE EDMONDS CITY CODE TO REPEAL THE ADOPTION BY REFERENCE OF RCW 9.41.250; ADDING A NEW SECTION 5.24.012 WHICH CONTAINS DEFINI- TIONS FOR BALISONG, DANGEROUS, FIXED BLADE AND SWITCH- BLADE KNIVES; ADDING A NEW SECTION 5.24.014 WHICH PROHIBITS THE USE, POSSESSION, SALES, MANUFACTURE AND CARRYING OF CERTAIN DANGEROUS WEAPONS AND EXEMPTS CERTAIN PERSONS FROM SUCH PROHIBITIONS; CONTAINING A SEVERABILITY CLAUSE AND SETTING AN EFFECTIVE DATE. WHEREAS, the Edmonds City Council finds that stricter regulations and prohibitions concerning the use, manufacture, purchase and possession of knives and other weapons, including those commonly used in martial arts are warranted by the increasing number of offenses committed with such devices, and WHEREAS, the Edmonds City Council finds that this ordinance in the interests of the public health, safety and welfare, now, therefore, THE CITY OF CITY COUNCIL OF THE CITY OF EDMONDS DO ORDAIN AS FOLLOWS: Section 1. Subsection Q of Section 5.24.010 of the Edmonds City Code is hereby repealed. Subsections R, S and T of Section 5.24.010 are hereby relettered as subsections Q, R and S. Section 2. There is hereby added to the Edmonds Municipal Code a new section 5.24.012 to read as follows: 5.24.012 Definitions ---Knives. The following definitions shall apply throughout this chapter: A. "Balisong Knife" means a single edged blade knife which has a two-piece handle. The two halves of -1- the handle sheathe the blade when it is in the closed position. In the open position, the two halves of the hand form a haft. B. "Dangerous Knife" means any fixed blade knife, any balisong knife and any other knife having a blade more than 32 inches in length or any dagger, sword, bayonet, bolo knife, hatchets, straight edge razor or razor blade not contained in a package, dispenser or shaving appliance. C. "Fixed -Blade Knife" means any knife regardless of blade length, with a blade which is permanently open and does not fold, or retract or slide into the handle of the knife and includes any dagger, sword, bayonet, bolo knife, hatchet, axe, straight edged razor, or razor blade not in a package, dispenser or shaving appliance. D. "Switchblade knife" means any knife having a blade that opens automatically by hand pressure applied to a button, spring mechanism, or other device, or a blade that opens, falls or is ejected into position by force of gravity or by an outward, downward, or centrifugal thrust or movement. Section 3. There is hereby added a new section 5.24.014 to the Edmonds Municipal Code to read as follows: 5 24 014 Dangerous Weapons ---Use, possession, concealing, sales, manufacture. A. It is unlawful for a person knowingly to: 1. Manufacture, sell, possess, purchase, carry or dispose of any switchblade knife or bali- song knife or any instrument or weapon of the kind usually known as a blackjack, slingshot, sand -club, metal knuckles, chako sticks or throwing stars; 2. Carry concealed or unconcealed on his or her person any dangerous knife or dangerous weapon other than a pistol; 3. Sell or give away to any person under 18 years of age any dangerous knife, fixed blade knife, switchblade knife, blowgun or dangerous weapon; 4. Sell any airgun to any person under 18 years of age. -2- 5. Carry with intent to conceal any dirk, airgun or blowgun; 6. Furtively carry a pistol with intent to conceal; or 7. Use any contrivance or device for suppressing the noise of any firearm. B. Exemptions. 1. Chako sticks and throwing stars. The proscriptions of subsection (A)(1) relating to chako sticks and throwing stars shall not apply to or affect regularly enrolled members of clubs and associations organized for the practice, instruction or demonstration of self-defense arts involving chako sticks or throwing stars while such members are at or are going to or from their place of resi- dence, a practice session, an instruction session, a demonstration or a place of repair, or while such members are going from the place of purchase; provided further that the proscriptions of subsection (A)(1) concerning the manufacture and sales of chako sticks and throwing stars shall not apply to such clubs and organizations when chako sticks are manufactured for or sold to regularly enrolled members for use at a practice or instruction session or demonstration. 2. Dangerous knives. The proscriptions of sub- section (A)(2) of this section shall not apply to: 1. Licensed hunters or licensed fishermen or hunters or fishermen exempt from licensing requirements under state law, actively engaged in hunting and fishing activity including education and travel related thereto; 2. Any person immediately engaged in an activity related to a lawful occupation which commonly requires the use of such knife, provided such knife is carried unconcealed; provided further than a dangerous knife carried openly in a sheath suspended from the waist of a person is not concealed within the meaning of this subsection. MIM 3. Any person carrying such knife in a secure wrapper or in a tool box while traveling from the place of purchase, from or to a place of repair, or from or to such person's home or place of busi- ness, or moving from one place of abode or business to anther, or while in such person's place of abode or fixed place of business. C. Minors. It is unlawful for any person under 18 years of age to possess any blowgun, air - gun, dangerous knife or deadly weapon, other than a firearm, except when under the direct supervision of an adult. D. Any person violating the provisions of this section shall be guilty of a gross misde- meanor. Section 4. Section 5.24.050 of the Edmonds City Code is hereby amended to read as follows: 5.24.050 Penalties. A. Unless otherwise provided, any person viola- ting any provision of this chapter shall be guilty of a misdemeanor and upon conviction thereof, shall 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. B. Any person violating any provision of this chapter which constitutes a gross misdemeanor shall be punished by a fine not to exceed FIVE THOUSAND DOLLARS ($5,000) or by imprison- ment in jail for a term not exceeding 365 ( ) days, or by both such fine and imprisonment. Section 5. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or uncon- stitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordi- nance. -4- Section 6. This ordinance shall take effect and be in full force thirty (30) days after publication of the attached summary which is hereby approved. APPROVED: MAYO , . NAUG117EN ATTEST/AUTHENTICATED: C Y eLERK, JACQUELINE G. PARRETT APPROVED AS TO FORM: OFFIC OF C Y ATTORNEY: FILED WITH THE CITY CLERK: November 2, 1987 PASSED BY THE CITY COUNCIL: December 1, 1987 PUBLISHED: December 6, 1987 EFFECTIVE DATE: January 6, 1988 ORDINANCE NO. 2645 -5- STATE OF WASHINGTON, COUNTY OF SNOHOMISH, On as ronowe: Repeals the ference of RCW Is a new section the carrying, selling, possess - and disposing of ns and Instru- forth exemptions ptions. \mends Section as follows: of this chapter gullty Of a mor and upon thereof, shall be by a fine not to one th0usond '51,0001 or by ient In fail for a exceeding ninety or by both such B. Any person v101armg any provision of this chapter which constitutes a gross misdemeanor shall be punished by a fine not to exceed FIVE THOUSAND DOLLARS or bya teimprison- ment in jail for rm not exceeding 365 days or by both such fine and impris- onment. Lectl2n_j Contains a severabil- ify ause. dJo 6. Sets on effective d e or Is ordinance as 30 days .after publication of this ; orTihe fullll text of this ordinance oe to nlyonesmwhodbwitmits a wrout riitten he ih/ of Edmondsacopy t for clerk r t of l the text by the City Council at their meeting of December 1 1987, JACQUE�LINE G. PARRETT City Clerk Published: December 6, 1987. sa 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 n tice........................................ ram. �' A: :1, l ................................................................................................................................... ................................... •----------------.........--------............---........-•---.................................... a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edit76n ,of said paper on the following days and times, namely: ............... .....: /................................................ ......................................................... and that said/ ewspaper was regularly distributed to its subscribers during all, o f said period. 1 ............................ 1�., ... ' i Principal Clerk Subscribed aD sworn to before me this....�:...::...� day of....i. 19 :'...... Notar ublic in a d for the State of Washington, res�cl' g at Everett, Snohomish County. B-2-1