HomeMy WebLinkAboutord1999-007WHATCOM COUNTY COUNCIL AGENDA BILL
-- NO. 99-
1/26/99 Hearing
23 qq PUFW(, WDQ.e5 C04M,
Amending Whatcom County Code Chapter 9.32 Unlawful Discharge of Firearms.
Ordinance.
Related County Contract #: I Should Clerk schedule a hearing: NO/ / YES /g/ Requested Date:
SUMMARY cre �
To kep down our
Wnatcom County Parks and Recreation Commission has reviewed
A Fa�iGUa�
and recommended adoption of this ordinance.
Passage.
1999 -40 1/12/99: IntroEUced
126/99: Held to February 23 Public Works COmmlilee
2/23/9): Had in Public Works Committee to 3/9/99
3/9/99: Amended substitute ordinance ad0trad 7-0 Ord #99-007
Rel
r
urtunance or
(this item): /4
Introduced by: Parks Department
Proposed by: Consent
Date: 1/12/99
ORDINANCE NO. 99 -007
Amending Whatcom County Code Chapter 9.32
Unlawful Discharge or Display of Firearms
WHEREAS, there exists a reasonable likelihood that persons, domestic animals,
or property will be jeopardized by the discharge or use of firearms or other dangerous
weapons within the boundaries of County parks, thereby posing a threat of harm to
members of the public, County park employees or other public officials engaged in the
performance of their duties;
WHEREAS, the display of firearms or use of dangerous weapons within County
parks may cause others in the park to be concerned for their safety and security, and
WHEREAS, the Parks and Recreation Commission has reviewed and
recommended adoption of this ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE WHATCOM COUNTY
COUNCIL THAT W.C.C. 9.32 IS AMENDED AS FOLLOWS:
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
3. 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 subsections (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 ordinance 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.
ADOPTED this 9th day of March , 1999.
Whatcom County Council
Whatcom County, Washington
Marlene Dawson
Council Chair
Attest:
Dana Brown -Davis
Clerk of the Council
Approved as to form: (A) APPROVED ( ) VETOED
David ete Kremen
Civil Deputy Prosecuting Attorney County Executive
Dated: