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HomeMy WebLinkAbout2357• • 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 -1- • 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. -3- 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 -2- • • 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 -4- IAA& . Loi MAYR