HomeMy WebLinkAbout2022-016 Ordinance amending Section 6.44.020 of the City of Yakima Municipal Code by adopting RCW 9.41.305 which prohibits the open carry of firearms or other weapons in a local government buildingAN ORDINANCE
ORDINANCE NO. 2022-016
relating to Public Safety; amending Section 6.44.020 of the City of Yakima
Municipal Code by adopting RCW 9.41.305 which prohibits the open carry
of firearms or other weapons while knowingly being in a local government
building used in connection with local government meetings.
WHEREAS, ESHB 1630 passed the legislature on March 23, 2022 and went into effect
on June 9, 2022; and,
WHEREAS, ESHB 1630 amended RCW 9.41.305, currently titled "Open carry of weapons
prohibited on state capitol grounds," by prohibiting open carry of firearms or other weapons by
any individuals, unless specifically exempted in the statute, in "[c]ity, town, county, or other
municipality buildings used in connection with meetings of the governing body of the city, town,
county, or other municipality, or any location of a public meeting or hearing of the governing body
of a city, town, county, or other municipality during the hearing or meeting."; and,
WHEREAS, in order for the City of Yakima to be able to prosecute violations of
RCW 9.41.305 in Yakima Municipal Court, Council must specifically adopt RCW 9.41.305;
now therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. The following section, 6.44.020 of the City of Yakima Municipal Code, is hereby
amended to read as follows:
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.
9.41.050 Carrying firearms.
9.41.060 Exceptions to restrictions on carrying firearms.
9.41.140 Alteration of identifying marks —Exceptions.
9.41.230 Aiming or discharging firearms, dangerous weapons.
9.41.240 Possession of pistol by person from eighteen to twenty-one.
9.41.260 Dangerous exhibitions.
9.41.270 Weapons apparently capable of producing bodily harm —Unlawful
carrying or handling —Penalty —Exceptions.
9.41.280 Possessing dangerous weapons on school facilities —Penalty —
Exceptions.
9.41.300 Weapons prohibited in certain places —Local laws and ordinances —
Exceptions —Penalty.
9.41.305 Open carry of weapons prohibited on state capitol grounds.
9.41.810 Penalty.
Section 2. 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.
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PASSED BY THE CITY COUNCIL, signed and approved this 5th day of July, 2022.
ATTEST:
Sonya aar Tee, City Clerk
Publication Date: July 8, 2022
Effective Date: August 7, 2022
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Janice Deccio, Mayor
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 12.
For Meeting of: July 5, 2022
ITEM TITLE: Ordinance amending Section 6.44.020 of the City of Yakima
Municipal Code by adopting RCW 9.41.305 which prohibits the
open carry of firearms or other weapons in a local government
building
SUBMITTED BY: Amanda Brusic, Assistant City Attorney
SUMMARY EXPLANATION:
The legislature recently amended RCW 9.41.305, currently titled "Open carry of weapons
prohibited on state capitol grounds," by adding a prohibition against the open carry of firearms or
other weapons by individuals, unless specifically exempted in the statute, in "[c]ity, town, county,
or other municipality buildings used in connection with meetings of the governing body of the city,
town, county, or other municipality, or any location of a public meeting or hearing of the governing
body of a city, town, county, or other municipality during the hearing or meeting." Because this is a
state law it has general applicability across the state. The city has not yet adopted this statute in
the Yakima Municipal Code. Unless the city adopts the statute, it will be unable to prosecute in
Yakima Municipal Court any violations of RCW 9.41.305 which occur in the city limits. Without
adopting the statute violations would be prosecuted in Yakima County District Court by the County
Prosecutor's Office at a cost to the City. By adopting this RCW, Council action will allow for
violations to be prosecuted in Yakima Municipal Court by City Legal Department prosecutors.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Pass ordinance
ATTACHMENTS:
Description Upload Date Type
121 ORD. redline 6/30/2022 Corer Memo
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D Ord-YMC 6.44.020 - changes accepted 6123/2022 Ordinance
D ESHB 1630-S.SL 6123/2022 Backup Material