HomeMy WebLinkAbout05/17/2011 15 Firearms, Knives and Dangerous Weapons; RCW 9.41; YMC Repeal and Addition 6.44 BUSINESS OF THE CITY COUNCIL
• YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. I 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
APPROVED FOR SUBMITTAL: ��. J City Manager
STAFF RECOMMENDATION: Pass the ordinance.
COMMITTEE /BOARD /COMMISSION RECOMMENDATION: The Public Safety Council Committee
recommended forwarding the ordinance for full Council review.
COUNCIL ACTION:
•
15 (s/i7/0
— Rep lace.m.e. .L
• ORDINANCE NO. 2010 -
AN ORDINANCE 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 Chapter 6.44, Firearms and Weapons, is repealed.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;
BHF /ORDINANCE Page 1 of 4
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;
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, �r 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 operate d 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.
411
BHF /ORDINANCE Page 2 of 4
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.
4. • Any person engaged in an activity directly related 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
110 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 day of
, 2011.
BHF /ORDINANCE Page 3 of 4
I .
•
Micah Cawley, Mayor
ATTEST:
City Clerk -
Publication Date: _
Effective Date:
II/
• I I
BHF /ORDINANCE Page 4 of 4