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Home My WebLink Aboutord2013-026 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013 - 182 y I CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 5/9/2013 5/21/2013 Introduction Division Head: ^ 6/04/2013 Hearing Dept.Head: �./ •9. l Prosecutor: EX— Qs/(1 3 Purchasing/Budget: Executive: _ TITLE OF DOCUMENT: Ordinance amending WCC 9.32 and 9.36 to repeal sections pre-empted by state law ATTACHMENTS: Ordinance SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing? ( X ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: 6/4/2013 SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing,you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) The Whatcom County Council has been notified that certain sections of the Whatcom County Code related to possession and display of firearms in county parks and firearm possession by minors are pre-empted by state law and should be repealed. COMMITTEE ACTION: COUNCIL ACTION: 5/21/2013: Introduced 6/04/2013: Council Adopted 7-0 Ord. 2013-026 Related County Contract#: Related File Numbers: Ordinance or Resolution Number: Ord. 2013-026 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. 1 SPONSORED BY: CONSENT 2 PROPOSED BY: CONSENT 3 INTRODUCTION DATE: MAY 21, 2013 4 5 6 ORDINANCE NO. 2013-026 7 8 9 AMENDING WHATCOM COUNTY CODE TITLE 9 (PUBLIC PEACE, MORALS AND 10 WELFARE) TO REVISE SECTIONS PRE-EMPTED BY STATE LAW 11 12 WHEREAS, the Whatcom County Council has been notified that certain sections of 13 the Whatcom County Code related to possession and display of firearms (possession in 14 county parks and possession by minors) are pre-empted by state law; and 15 16 WHEREAS, the Whatcom County Prosecutor's Office recommends amending the 17 County Code to remove these pre-empted sections; and 18 19 WHEREAS, the recommendations of the Prosecutor's Office are not based on the 20 merits of the matters addressed, but upon the clear directive that state law occupies and 21 pre-empts local municipalities from regulating these areas except for clear cut exceptions 22 outlined in RCW 9.41.300, none of which apply to the sections recommended here for 23 amendment or repeal. 24 25 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that 26 Whatcom County Code Section 9.32.085 is hereby amended as outlined in Exhibit A to this 27 ordinance. 28 29 BF��I►T4lPIIy1►4S�.LY ORDAINED that Whatcom County Code Chapter 9.36 is hereby 30 repealosI r its >ejre� ras outlined in Exhibit B to this ordinance. 31 `�� 32 ~ NATCpp• -'� 33 a A$OP tifp ..1461. day of June 2013. 34 : ° CD # _ 35 - WHATCOM COUNTY COUNCIL 36 A-4 • •TE Or • WHATCOM COUNTY, WASHINGTON � 37 ' � - 38 fAr3 • ._ 39 Dana B•bwnw,n-Dais, . }4 k of the Council Kathy Kershner, Council Chair 40 41 WHATCOM COUNTY EXECUTIVE 42 APPROVED AS TO FORM: WHATCO UNTY WASHINGTON 43 , r 44 � o • 45 Civil Deputy Prosecutor Jack Lou , County Executive 46 47 ( .Appro ( ) Denied 48 Date Signe c. 49 EXHIBIT A 9.32.085 UNLAWFUL FIREARMS AND/OR WEAPONS IN PARKS. A. It is unlawful within a county-owned park for any person to: 1. Display, exhibit or draw any firearm or dangerous weapon; or 2. Leave any firearm or dangerous weapon unattended and unsecured, or exposed to public view; or 37 1. Discharge or propel across, in, or into any county-owned park a firearm, bow and arrow, spear gun, harpoon, or air or gas weapon, or any similar dangerous device capable of injuring or killing any person or animal, or damaging or destroying any public or private property. A violation of this section shall constitute a misdemeanor. B. The following are affirmative defenses to a violation of this section, which the defendant must prove by a preponderance of the evidence: 1. The activity constituting the violation was authorized by the Whatcom County parks and recreation director as a special recreational activity upon a finding that the activity is consistent with parks use. 2. Any person acting for the purpose of protecting himself or herself against the use of presently threatened unlawful force by another, or for the purpose of protecting another against the use of such unlawful force by a third person. 3. Any person making or assisting in making a lawful arrest for the commission of a felony. 4. Any properly licensed hunter during an applicable hunting period or season, who is entering or leaving an approved hunting area, or who traverses park property while entering or leaving an approved hunting area. 5. If otherwise exempted by either RCW 9.41.300(2)(b) or (6) as currently enacted or hereafter amended or by WCC 9.32.090(C), (D), or (G) as currently enacted or hereafter amended. C. Nothing in this section shall be construed to abridge the right of an individual licensed under RCW 9.41.070 to carry a concealed weapon in a county-owned park. (Ord. 99-007). EXHIBIT B ct. Se ��s 9.36.010 Permit required. 9.36.020 Unlawful use or possession of firearms by persons under the age of 16. 9.36.030 Unlawful parental approval. 9.36.040 Violation Penalty. 9.36.010 Permit required. A permit for the use and possession of any gun, firearm, or similar instrument capable of presentation by the minor requesting the permit of satisfactory evidence that the minor has received proper instruction in the handling of firearms by a qualified instructor at a regularly constituted rifle range or gun club. The permit shall be issued without charge and must be such firearm. (Prior code § 5.12.030). 9.36.020 Unlawful use or possession of firearms by persons under the age of 16. It is unlawful for any person under the age of 16 years to carry, shoot, or have in his possession any gun, firearm, or similar instrument for propelling any shot or slug by air or having in his possession a permit for the possession and use of firearms issued by a law enforcement agency according to the provisions of Section 9.36.010; provided, that traveling by direct route to or from a regularly constituted rifle range or gun club. (Prior code § 5.12.010). 9.36.030 Unlawful parental approval. I 1. —. . . . :. - 01-g#afd+a • • - - - - -- -- - _ - - ' gly allow said minor to violate any of the provisions of this chapter. (Prior code § 5.12.020). 0.36.040 Violation Penalty. shall be punished by a fine of not less than $443700, nor- 4.00. (Prior ee4e-! 5.12.040).