Ordinance 4120ORIDINANCE NO.4120
AN ORDINANCE RELATING TO THE SAFE STORAGE OF AND
ACCESS TO FIREARMS.
WHEREAS, in 2015, 714 Washington State residents died from a firearm injury and a
child or teen under the age of 17 was killed by gunfire in every nine days, on average, according
to WA State Department of Health, Center for Health Statistics Death Certificate data; and
WHEREAS, suicide is the leading cause of firearm death in Washington State according
to the WA State Department of Health. In 2015, 47% of all those who took their own lives —
used a firearm; and
WHEREAS, the Federal Bureau of Justice Statistics estimated an average of at least
232,000 guns were stolen per year from 2005 to 2010; and
WHEREAS, the US Secret Service and US Department of Education published a study
examining school shootings from 1974-2000 that found that in more than 65% of cases, the
shooter obtained the firearm from their home or that of a relative.
WHEREAS, 63% of firearm -owning households in Washington state do not store their
firearms locked and unloaded, according to 2018 research led by the University of Washington
School of Public Health; and
WHEREAS, among firearm -owning households, keeping firearms unlocked have been
associated with a greater risk of firearm suicide among both youths and adults; and
WHEREAS, according to 2018 RAND corporation analysis of firearm policies
throughout the United States available evidence supports the conclusion that safe storage laws,
reduce self-inflicted fatal or nonfatal firearm injuries among youth, as well as unintentional
firearm injuries or deaths among children; and
WHEREAS, the Center for Disease Control states safe firearm storage practices —such as
keeping guns secured with a cable lock or in a gun safe —reduce the risk of firearm injuries; and
WHEREAS, in 2012, the Washington State Division One Court of Appeals recognized
the potential for liability in a negligence action when a firearm owner allows an individual who
may be at -risk of misusing a weapon to have access to that weapon while in the weapon -owner's
home; and
WHEREAS, the Legislature of the State of Washington has expressed a public policy that
third -parties should avoid allowing firearms to come into the possession of persons who would
be ineligible to obtain such weapons under RCW 9.41.040, including minors in most
circumstances; and
WHEREAS the people of the State of Washington enacted by initiative the "Extreme
Risk Protection Order Act," now RCW Chapter 7.94, allowing family, household members, and
law enforcement to petition a court to remove firearms from at -risk individuals; and
WHEREAS the City of Edmonds recognizes the grave harm that could occur when an
unlocked firearm is used by someone other than the firearm's rightful owner, such as when an
unlocked firearm is stolen and used by a third -party to perpetrate a crime; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. A new Chapter 5.26 is added to the Edmonds City Code as follows:
Chapter 5.26 STORAGE OF FIREARMS
5.26.010 Definitions
For purposes of this Chapter 5.26, the following definitions apply:
A. "At -risk person" means any person who has made statements or exhibited behavior
that indicates to a reasonable person there is a likelihood that the person is at risk of
attempting suicide or causing physical harm to oneself or others.
B. "Firearm" means a weapon or device from which a projectile or projectiles may be
fired by an explosive such as gunpowder, including but not limited to any machine gun,
pistol, rifle, short -barreled rifle, short -barreled shotgun, or shotgun as those terms are
defined in RCW 9.41.010. "Firearm" does not include a flare gun or other pyrotechnic
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visual distress signaling device, or a powder -actuated tool or other device designed solely
to be used for construction purposes.
C. "Lawfully authorized user" means any person who:
1. Is not in the unlawful possession of a firearm under RCW 9.41.040; and
2. Is not prohibited from possessing a firearm under any other state or federal law;
and
3. Has the express permission of the owner to possess and use the firearm.
D. "Locking device" includes any cable lock, barrel lock, storage container, or other
device approved of or meeting specifications established by the Chief of Police by rule
promulgated in accordance with Chapter 5.26.
E. "Minor" means a person under 18 years of age who is not authorized under RCW
9.41.042 to possess a firearm, or a person of at least 18 but less than 21 years of age who
does not meet the requirements of RCW 9.41.240.
F. "Prohibited person" means any person who is not a lawfully authorized user.
5.26.020 Safe storage of firearms
It shall be a civil infraction for any person to store or keep any firearm in any premises
unless such weapon is secured by a locking device, properly engaged so as to render such
weapon inaccessible or unusable to any person other than the owner or other lawfully
authorized user.
Notwithstanding the foregoing, for purposes of this Section 5.26.020, such weapon shall
be deemed lawfully stored or lawfully kept if carried by or under the control of the owner
or other lawfully authorized user.
5.26.030 Unauthorized access prevention
It shall be a civil infraction if any person knows or reasonably should know that a minor,
an at -risk person, or a prohibited person is likely to gain access to a firearm belonging to
or under the control of that person, and a minor, an at -risk person, or a prohibited person
obtains the firearm.
5.26.040 Penalties
A. A violation of Section 5.26.020 shall constitute a civil infraction subject to a civil fine
or forfeiture not to exceed $500. For good cause shown, the court may provide for the
performance of community restitution, in lieu of the fine or forfeiture imposed under this
subsection 5.26.040.A.
B. A violation of Section 5.26.020 or 5.26.030 shall constitute a civil infraction subject to
a civil fine or forfeiture in an amount up to $1,000 if a prohibited person, an at -risk
person, or a minor obtains a firearm as a result of the violation. For good cause shown,
the court may provide for the performance of community restitution, in lieu of the fine or
forfeiture imposed under this subsection 5.26.040.B.
C. A violation of Section 5.26.020 or 5.26.030 shall constitute a civil infraction subject to
a civil fine or forfeiture in an amount up to $10,000 if a prohibited person, an at -risk
person, or a minor obtains an unsecured firearm and uses it to injure or cause the death of
oneself or others, or uses the firearm in connection with a crime. A separate civil fine or
forfeiture may be issued for each instance that a person that is injured or killed as a result
of a violation of Section 5.26.020 or 5.26.030.
D. A violation of Section 5.26.020 or 5.26.030 is hereby deemed at minimum negligent
and may be considered reckless depending upon the knowledge and actions of the
violator.
E. Nothing in this Chapter 5.26 shall be construed to alter any requirements, including,
but not limited to, any warrant requirements applicable under the Fourth Amendment to
the United States Constitution or Article I, Section 7 of the Washington State
Constitution.
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F. Sections 5.26.020 and 5.26.030 shall not apply to "antique firearms," as defined in
RCW 9.41.010.
5.26.050 Notice of infraction —Issuance
A. A peace officer has the authority to issue a notice of infraction:
1. When an infraction under this Chapter 5.26 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 5.26.
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.
5.26.060 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 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.
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 5.26.060.0 or 5.26.060.1), 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 5.26, 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
5.26.060.13; or
2. Fails to appear at a hearing requested pursuant to subsections 5.26.060.0 or
5.26.060.D; the court shall enter an appropriate order assessing the monetary
penalty prescribed for the infraction and any other penalty authorized by this
Chapter 10.79.
5.26.070 Hearing —Contesting determination that infraction committed —Appeal
C�
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
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 2. The provisions of this ordinance are declared to be separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this
ordinance, or the invalidity of its application to any person or circumstance, does not
affect the validity of the remainder of this ordinance or the validity of its application to
other persons or circumstances.
Section 3. 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.
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IT'Ir, -, '. — rrc -I,,
MA Q DAVE LARLING
ATTEST/AUTHENTICATED:
5�;:;
CI ' ERK, SCOTT SSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
JAFF 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. 4120
SUMMARY OF ORDINANCE NO.4120
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.
4120. A summary of the content of said ordinance, consisting of the title, provides as follows:
AN ORDINANCE RELATING TO THE SAFE STORAGE OF AND ACCESS
TO FIREARMS.
The full text of this Ordinance will be mailed upon request.
DATED this 251h day of July, 2018.
C LERK,-S ASSEY
I
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