HomeMy WebLinkAbout1999-035 Public safety and morals yR � ,
ORDINANCE NO. 99- 35
AN ORDINANCE relating to public safety and morals; clarifying the intent of the
concealed weapons ordinance; changing the criminal classification
of unlawful discharge of a laser; requiring physicians to report
gunshot wounds to the police department; enacting a new chapter,
Chapter 6.87, amending Section 6.44.040 and 6.04.030A and
repealing Sub - section 6.04.030B, all of the City of Yakima
Municipal Code.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Section 6.44.040 of the City of Yakima Municipal Code is hereby
amended to read as follows:
"6.44.040 Concealed Weapons — Use - Sale.
(a) It is unlawful for any person in the City of Yakima, except police officers
and other persons who are authorized by law or have obtained proper
authority so to do from the chief of police of the City, to carry or wear in
any manner concealed upon his or her person, of concealed in his or her
possession, or concealed under his or her control, except for his or her
place of abode or fixed place of business, any dirk, dagger, stiletto, bowie
knife, , gun, pistol, firearm, rifle, revolver, air -gun, b.b. gun,
pellet gun, slingshot, blowgun, bow and arrow, ,retal knu^kleg, or any
other dangerous weapon or instrument which may be used to inflict injury
upon the person of another, or any other device which has the
appearance of a firearm, gun, pistol or rifle and is capable of discharging,
by any means, a projectile with sufficient force to injure a person.
(b) It is unlawful for any person in the City or Yakima to manufacture, sell,
posses, or dispose of any instrument or weapon of the kind usually known
as slung shot, sand club, sword cane, or metal knuckles, or spring blade
knife, or any knife the blade of which is automatically released by a spring
mechanism or other mechanical device, or any knife having a blade which
opens, or falls, or is ejected into position by the force of gravity, or by an
outward, downward, or centrifugal thrust or movement, or any knife which
is concealed or camouflaged so as to resemble a non - lethal item such as
a comb, pen or other common item. .
(c) A person who violates this section is guilty of a gross misdemeanor.
Section 2. Section 6.04.030 of the City of Yakima Municipal Code is hereby
amended to read as follows:
6.04.030 Unsafe use of laser pointers
A. Any person who intentionally points a laser pointer or laser gun sight at
another with intent to vex or annoy is guilty of a gross
misdemeanor.
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Section 3. Chapter 6.87 of the City of Yakima Municipal Code is hereby
enacted as a new Chapter to read as follows:
"Chapter 6.87
PHYSICIANS' REPORT OF INJURIES
6.87.010 Definitions
For the purposes of this Chapter, the following words and phrases have the
following meanings:
A. Gunshot wound — any injury caused by the projectile of any type of gun
including, but not limited to, rifles, shotguns, handguns, and bb /pellet guns.
B. Reportable gunshot wound — a gunshot wound which results in death or
an injury severe enough to warrant medical attention at a hospital emergency
department or physicians office located within the City of Yakima.
6.87.020 Duty to Report to Police.
It shall be the duty of every licensed physician and surgeon and the proprietor of
every hospital in the City of Yakima to make a written report to the City of Yakima
Police Department of each case of wounds or other injury to the person procured
by the known or suspected criminal act or negligence of either the patient or third
persons, coming to him /her or it for treatment, within 24 hours after the
commencement of such treatment.
6.87.030 Contents of Report.
Said report shall contain the name, apparent age, and sex of the patient, and a
general description of the injury suffered, and where, when, and in what manner
it occurred; provided, that, in cases where the patient is unconscious or refuses
to give information, the information given in the report herein required need be no
fuller than is obtainable by observation; but the fact of unconsciousness or
refusal shall be stated.
6.87.040 Hospital Reports.
The operating physicians or surgeons shall make reports of cases treated at
hospitals, for their several institutions.
•
6.87.050 Violation — Penalty.
Any violation of any of the provisions of this chapter is a civil infraction and shall,
upon conviction thereof, be punished by a fine in the sum of $100.00."
Section 4. This ordinance shall be in full force and effect 30 days after its
passage, approval, and publication as provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL, signed approved this 1 �
ned and a
g day ofL ��T,
1999.
John Puccinelli, Mayor
ATTEST:
City Clerk
Publication Date: — a 6
Effective Date:
6.87.050 Violation — Penalty.
Any violation of any of the provisions of this chapter is a civil infraction and shall,
upon conviction thereof, be punished by a fine in the sum of $100.00."
Section 4. This ordinance shall be in full force and effect 30 days after its
passage, approval, and publication as provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this day of
1999. '
John Puccinelli, Mayor
ATTEST:
City Clerk
Publication Date:
Effective Date:
1
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. /
For Meeting Of 5 )--- / - 7 - 9
ITEM TITLE: AN ORDINANCE relating to public safety and morals; clarifying the
intent of the concealed weapons ordinance; changing the criminal classification of
unlawful discharge of a laser; requiring physicians to report gunshot wounds to the
police department; enacting a new chapter, Chapter 6.87; amending Section
6.44.040 and 6.44.030A and repealing Sub - section 6.04.030B, all of the City of
Yakima Municipal Code.
SUBMITTED BY Kathleen Hitchcock, Assistant City Attorney
CONTACT PERSON/TELEPHONE: . Kathleen Hitchcock, 575 -6030
SUMMARY EXPLANATION: The concealed weapons ordinance is amended to clarify
archaic language.
Under RCW 35.22.280. the City must impose the same penalties as the State for
the same crime. In early 1999 Yakima lead the way by adopting an ordinance to regulate
the use of laser pointers. Subsequently, the State has designated the use of a laser
pointer to vex or annoy a gross misdemeanor. Former 6.04.030B made pointing a laser
pointer at a police officer a gross misdemeanor. The State has made this act a Felony,
and, hence outside the City's criminal jurisdiction. The proposed amendments conform
the City code to State law.
(Continued on attached page 2)
Resolution Ordinance X Contract Other(Specify)
Funding Source
APPROVED FOR SUBMITTAL: -
`
Cit anager
STAFF RECOMMENDATION: PASS ORDINANCE.
BOARD /COMMISSION RECOMMENDATION:
COUNCIL ACTION:
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• Chapter 6.87 is being enacted at the request of the City of Yakima Police
Department. The state Department of Health finds that gunshot trauma is a significant
public health problem which warrants mandatory reporting for purposes of monitoring,
assessment, and development of prevention strategies. (RCW 43.70.545)
These changes should result in minimal fiscal impact for court, prosecution, and
police services.
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