HomeMy WebLinkAboutOrdinances - 2010-11 - Amending EWMC 12.12.040 by removing Prohibition against carrying a Firearm in a park - 6/22/2010CITY OF EAST WENATCHEE, WASHINGTON
ORDINANCE NO. 2010-11
AN ORDINANCE OF THE CITY OF EAST WENATCHEE AMENDING
EAST WENATCHEE MUNICIPAL CODE 12.12.040 BY REMOVING THE
PROHIBITION AGAINST CARRYING A FIREARM IN A PARK,
CONTAINING A SEVERABILITY CLAUSE, AND ESTABLISHING AN
EFFECTIVE DATE.
Recitals
a. Preamble. The City of East Wenatchee ("City") is a non -charter code City duly
incorporated and operating under the laws of the State of Washington; and
b. The City Council of East Wenatchee ("City Council") finds that it is in the best
interests of the City and its citizens to amend East Wenatchee Municipal Code
("EWMC") 12.12.040 because this area of regulation has been preempted by
RCW 9.41.290, which prohibits the City from banning firearms on city property
and at facilities.
C.
2. Authority.
a. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to adopt
ordinances of all kinds to regulate its municipal affairs and appropriate to the
good government of the City.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS:
Section 1: Purpose. The purpose of this ordinance is update the City's Municipal Code to
properly reflect that fact that the state of Washington hereby fully occupies and
preempts the entire field of firearms regulation within the boundaries of the state,
Section 2: Amendment. The City Council amends EWMC Section 12,12.040 to read:
12.12.40 Firearms and explosives.
A. It is unlawful to shoot, fire or explode any firearm, fireworks, firecracker,
torpedo or explosive of any kind in any park except designated
recreational areas provided for such activities.
B. It is unlawful or -to carry any firearm, unless it is unloaded and enclosed in
an opaque case or secure wrapper, in any park except designated
recreational areas provided for such activities. This restriction does not
apply to a person who: is licensed to carry a concealed pistol, is in
attendance at a hunter's safety course or a firearms safety course, is
City of East Wenatchee Ordinance
Ordinance 2010-11 Page 1 of 4
practicing the use of a firearm or target shooting at a legally established
range, is engaging in a lawfully organized competition involving the use
of a firearm , is participating, in or practicingf_or_a performance by an
organized group that uses firearms as a part of the performance, is
traveling with any unloaded firearm in the person's possession to or from
any activity described above, is traveling in a motor vehicle with a
firearm, other than a pistol, that is unloaded and locked in the trunk or
other compartment of the vehicle, secured in a gun rack, or otherwise
secured in place in a vehicle, or is a law enforcement officer.
C. It is unlawful --of to shoot or fire any air gun, bows and arrows, B.B. gun
or use any slingshot in any park except designated recreational areas
provided for such activities.
Section 3: Severability. If a court of competent jurisdiction declares any provision in this
Ordinance to be contrary to law, such declaration shall not affect the validity of
the other provisions of this Ordinance.
Section 4: Publication. The City Council directs the City Clerk to publish a summary of this
Ordinance. The summary shall consist of the title of this Ordinance
Section 5: Effective Date. This Ordinance becomes effective five days after the date its
summary is published.
Passpd by the City Council of East Wenatchee, at a regular meeting thereof on this
day of , 2010.
CITY OF EAST WENATCHEE,
WASHINGTON
idA��
Dana Barnard, City Clerk
City of East Wenatchee Ordinance
Ordinance 2010-11 Page 2 of 4
Approved as to form only:
r
Devin Poulson, City Attorney
Filed with the City Clerk: 05/27/2010
Passed by the City Council:
Published: (01,75ba
Effective Date: � /-20/(0
City of East Wenatchee Ordinance
Ordinance 2010-11 Page 3 of 4
M339MR, =1
Of the City of East Wenatchee, Washington
On the eo
_2day of 2010, the City Council of the City of East
Wenatchee, Washington approve&fDrdinance No. 2010-11, the main point of which may be
summarized by its title as follows:
AN ORDINANCE OF THE CITY OF EAST WENATCHEE AMENDING
EAST WENATCHEE MUNICIPAL CODE 12.12.040 BY REMOVING THE
PROHIBITION AGAINST CARRYING A FIREARM IN A PARK,
CONTAINING A SEVERABILITY CLAUSE, AND ESTABLISHING AN
EFFECTIVE DATE.
Upon request, the City will mail a full text of this Ordinance.
Dated this -aprzl day of , 2010.
CITY CLEM DANA BARNARD
City of East Wenatchee Ordinance
Ordinance 2010-11 Page 4 of 4