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HomeMy WebLinkAbout2011-022 Firearms, Knives and Dangerous Weapons; RCW 9.41; YMC Repeal and Addition 6.44ORDINANCE NO. 2011 -22 AN ORDINANCE relating to firearms, knives and dangerous weapons; repealing Yakima Municipal Code Chapter 6.44, Firearms and Weapons; adding Yakima Municipal Code Chapter 6.44, Firearms, Knives and Dangerous Weapons, and adopting statutes from Revised Code of Washington Chapter 9.41. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1. Chapter 6.44, Firearms and Weapons, is repealed. Section 2. Chapter 6.44, Firearms and Dangerous Weapons, is added to read as follows: Chapter 6.44 Firearms, Knives and Dangerous Weapons 6.44.010 Terms Defined A. "Ball flail" means any device consisting of a ball, with or without spikes, attached by a chain, rope, strap, or similar method, to a handle and which can be used for striking. B. "Blade" has its usual and ordinary meaning and includes the shank. C. "Blowgun" means a tube through which a dart can be discharged by force of breath. D. "Dangerous knife" means: 1. Any knife having a blade more than three and one -half inches in length; 2. A sword; 3. A bayonet; 4. A bolo knife; 5. A hatchet; 6. Any dirk, dagger, stiletto, or bowie knife; or, 7. A Switchblade knife. "Switchblade knife" means any knife having a blade that opens automatically by hand pressure applied to a button, spring mechanism, or other device, or a blade that opens, falls, or is ejected into position by force of gravity or by an outward, downward, or centrifugal thrust or movement. E. "Dart" means a missile with a shaft, pointed at one end, which is designed to be discharged from a blowgun. F. "Fighting knife" means: 1. Any knife with a handle or guard with spikes, serrations, sharp edges, or metal knuckles; 2. Any knife that is designed for fighting or self defense and utilizes two or more blades at once; 3. A balisong knife. " Balisong knife" means a single or doubled edged blade knife with has a two piece handle. The two halves of the handle sheathe the blade when it is in the closed position. In the open position, the two halves of the handle form a haft. A balisong knife is also known as a butterfly knife; Page 1 of 3 4. A disguised knife. "Disguised knife" means any knife, blade, or pointed tool encased in or disguised as a writing pen or any knife, blade, or pointed tool encased in or disguised as a cane; 5. Any knife which opens automatically when pulled from its sheath; 6. Any knife or device which consists of three or more blades radiating from a central hub or handle; or, 7. A ballistic knife. "Ballistic knife" means a knife with a detachable blade that is propelled by a spring operated mechanism. G. "Slung shot" means a metal ball or metal shot or similar substance encased in leather or other material with a cord or strap attached for swinging. 6.44.020 Statutes Adopted The following Revised Code of Washington (RCW) sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 9.41.010 Terms defined. RCW 9.41.050 Carrying firearms. RCW 9.41.060 Exceptions to restrictions on carrying firearms. RCW 9.41.140 Alteration of identifying marks -- Exceptions. RCW 9.41.230 Aiming or discharging firearms, dangerous weapons. RCW 9.41.240 possession of pistol by person from eighteen to twenty - one. RCW 9.41.260 Dangerous exhibitions. RCW 9.41.270 Weapons apparently capable of producing bodily harm — Unlawful carrying or handling — Penalty — Exceptions. RCW 9.41.280 Possessing dangerous weapons on school facilities — Penalty — Exceptions. RCW 9.41.300 Weapons prohibited in certain places — Local laws and ordinances — Exceptions — Penalty. RCW 9.41.810 Penalty. 6.44.030 Blowguns -- Unlawful Discharge A. No person shall willfully discharge a dart from a blowgun at any animal or fowl within the city of Yakima. B. A violation of this section is a misdemeanor. 6.44.040 Knives -- Unlawful Possession -- Exceptions A. It is unlawful for anyone to carry or wear in any manner concealed upon one's person, or in one's possession, or concealed under one's control any dangerous knife. B. It is unlawful for anyone to carry on one's person, or in one's possession, or under one's control any fighting knife. C. The proscriptions of this chapter relating to knives shall not apply to: 1. Lawful hunters, campers or fishermen carrying a dangerous knife while on a hunting, camping or fishing trip, including education and travel related thereto. 2. Any person carrying a dangerous knife in a secure wrapper or in a tool box while traveling from or to the place of purchase, from or to a place of repair, or in moving from one place of abode or business to another. 3. Any person carrying a dangerous knife while in his or her place of abode or fixed place of business. Page 2 of 3 4. Any person engaged in an activity directly 4related to a lawful occupation which commonly requires the use of a dangerous knife, provided the dangerous knife, if carried on one's person is carried unconcealed. 5. Any person in the military service or any commissioned law enforcement officer engaged in the performance of his or her duty or training or in the course of any training, acting pursuant to orders from competent authority. C. A violation of this section is a gross misdemeanor. 6.44.050 Dangerous Weapon — Unlawful Use -- Exceptions A. It is unlawful for a person to carry or wear in any manner concealed upon his or her person, or in his or her possession, or concealed under his or her control, any b.b. gun, pellet gun, slingshot, slung shot, bow and arrow, metal knuckles, ball flail, or any other dangerous weapon or instrument which may be used to inflict injury upon the person of another. B. The proscriptions of this chapter relating to dangerous weapons shall not apply to: 1. Any person in the military service or any commissioned law enforcement officer engaged in the performance of his or her duty or training or in the course of any training, acting pursuant to orders from competent authority. 2. Any person authorized by law. C. A violation of this section is a gross misdemeanor. Section 3. 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 17th day of May V11h" J- 3A Micah Cawle , Mayor ATTEST: (j City Clerk Publication Date: May 20, 2011 Effective Date: June 19. 2011 Page 3 of 3 • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT • Item No. -K 6 For Meeting of May -17. 2011 ITEM TITLE: An ordinance relating to firearms, knives and dangerous weapons;. repealing Yakima Municipal Code Chapter 6.44, Firearms and Weapons; adding Yakima Municipal Code Chapter 6.44, Firearms, Knives and Dangerous Weapons, and adopting statutes from Revised Code of Washington Chapter 9.41. SUBMITTED BY: Bronson Faul, Assistant City Attorney CONTACT PERSON/TELEPHONE: Bronson Faul, 575 -6033 SUMMARY EXPLANATION: The ,proposed ordinance will make our.city code consistent with state law. The proposed ordinance would also clarify crimes related to other dangerous weapons including knives. Resolution Ordinance X Contract Other(Specify) Contract Mail to (name and address):, Phone: Funding Source PROVED FOR SUBMITT STAFF RECOMMENDATION: Pass the ordinance. er COMMITTEE /BOARD /COMMISSION RECOMMENDATION: The Public Safety Council Committee recommended forwarding the ordinance for full Council review. COUNCIL ACTION: