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ORDINANCE NO. a35 7
AN ORDINANCE of the City of Port Angeles
generally prohibiting firearms in certain
areas, consistent with Chapter 9.41 RCW;
declaring violations to be a misdemeanor;
and adding a new section to Chapter 9.42
of the Port Angeles Municipal Code; and
amending Ordinance 2129 and PAMC 9.42.010
by adding the definition of the term "firearm ".
WHEREAS, possession of firearms in areas such as jails,
courtrooms, and establishments dedicated exclusively to the sale
and consumption of intoxicating beverages adversely affects the
safety, health and welfare of the people; and
WHEREAS, in the past, serious cringes involving the use
of firearms have originated in said establishments, involving
persons consuming intoxicating beverages while possessing a
firearm; and
WHEREAS, prohibition of firearms in such areas will
promote the safety, health and welfare of the people; and
WHEREAS, the State of Washington has pre - empted the
entire field of firearms regulation within the boundaries of the
State, including the possession or control of a firearm in such
areas, and allowing cities, towns, and counties or other munici-
palities to enact only those ordinances relating to firearms that
are specifically authorized by and consistent with Ch. 9.41 RCW;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT
ANGELES as follows:
Section 1. There is hereby added to Chapter 9.42 of
the Port Angeles Municipal Code, a new section, as follows:
9.42.035 Possession and Control of Firearms.
A. It is unlawful for any person to enter the following
places when he knowingly possesses or knowingly has
under his control a firearm:
1. The restricted access areas of a jail or of a law
enforcement facility, or any place used for the
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premises.
C. This Section does not apply to:
1. A person engaged in military activities sponsored
by the Federal or State governments, while engaged
in official duties;
2. Law enforcement personnel; or
3. Security personnel while engaged in official
duties.
D. Subsection A.1 of this Section does not apply to a
person licensed pursuant to RCW 9.41.070, as now or
hereafter amended, who, upon entering the place or
facility, directly and promptly proceeds to the
administrator of the facilities or the administrator's
designee and obtains written permission to possess the
firearm while on the premises, or checks his or her
firearm. The person may reclaim the firearm when
leaving but must immediately and directly depart from
the place or facility.
E. Subsection A.2 of this Section does not apply to a
judge or court employee, or to any person licensed
under RCW 9.41.070, as now or hereafter amended, who,
before entering the restricted area, directly and
promptly proceeds to the court administrator or the
administrator's designee and obtains written permission
to possess the firearm.
F. Subsection A.3 of this Section does not apply to any
administrator or employee of the facility or to any
person who, upon entering the place or facility,
directly and promptly proceeds to the administrator of
the facility or the administrator's designee and
obtains written permission to possess the firearm while
on the premises.
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confinement of a person
a. Arrested for, charged with or convicted of an
offense;
b. Charged with being or adjudicated to be
juvenile offender as defined in RCW
13.40.020, as now or hereafter amended;
c. Held for extradition or as a material
witness; or
d. Otherwise confined pursuant to an order of a
court, except an order under Chapter 13.32A
or 13.34 RCW, as now or hereafter amended.
Restricted access areas do not include common
areas of egress or ingress open to the general
public;
2. A courtroom or judge's chamber, while either is
being used for any judicial proceeding. This does
not include common areas of egress and ingress of
the courthouse;
3. The restricted access areas of a public mental
health facility certified by the Department of
Social and Health Services for inpatient hospital
care and statute institutions for the care of the
mentally ill, excluding those facilities solely
for evaluation and treatment. Restricted access
areas do not include common areas of egress and
ingress open to the general public; or
4. That portion of an establishment classified by the
Washington State Liquor Control Board as off
limits to persons under twenty -one years of age.
B. The perimeter of the premises of any specific location
covered by this Section shall be posted at reasonable
intervals to alert the public as to the existence of
any law restricting the possession of firearms on the
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G. Subsection A.4 of this Section does not apply to the
proprietor of the premises or his or her employees
while engaged in their employment.
H. Violation of this Section is declared to be a Class I
misdemeanor.
Section 2. Section 9.42.010 of Ordinance 2129 and of
the Port Angeles Municipal Code is hereby amended to read as
follows:
9.42.010 Definitions. In this Chapter, unless a
different meaning plainly is required:
A. "Pistol" means any firearm with a barrel less than
twelve inches in length.
B. "Firearm" means a weapon or device from which a
projectile may be fired by an explosive, such as
gunpowder.
Section 3 Severability. If any provision of this
Ordinance, or of the codes referred to herein, or its application
to any person or circumstance is held invalid, the remainder of
the Ordinance, or the application of the provision to other
persons or circumstances is not affected.
PASSED by the City Council of the City of Port Angeles
at a regular meeting of said Council held on the 17-44, day of
ATTEST:
Merti A. Lannoye, City Cl
, 1985.
APPRO /D AS TO FORM:
Craig D. nutson,
City Attorney
PUBLISHED: Q ' Q}QJ'- � 14
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