utbagpiper
Banned
imported post
The following is forwarded from Janalee Tobias.
In addition to questioning the need for this ban at all, I also think that a Class B misdemeanor for a first offense is way overkill.
Charles
-----Original Message-----
From: Janalee Tobias [mailto:gunflowers@comcast.net]
Sent: Monday, August 04, 2008 10:30 AM
Friends, here's the latest version of the toy gun ban in So. Jordan City. This is ridiculous. No more fun gun games in the park or streets...only on private property. And if a stray plastic pellet gets in your neighbor's yard or in a public area, it's a Class C Misdemeanor--and could be upgraded to a Class B Misdemeanor. And if someone gets nervous if you display a toy gun gun in public it's a Class B Misdemeanor. Today's Salt Lake Tribune Article follows this update.
If you have time, feel free to send an e-mail, phone call, or attend the meeting tomorrow night.
The city council vote on this is tomorrow night, August 5 at 6 p.m., So. Jordan City offices, 1600 W. Towne Center Drive. Here's the link to the Agenda.
http://www.sjc.utah.gov/pdf/councilagenda.pdf
It appears the City Council will approve this in a summary action vote unless enough people protest this.
Here's the link to the e-mail contact for city council:
citycouncilcontact@sjc.utah.gov
Here's the link to city council phone numbers:
http://www.sjc.utah.gov/contactofficials.asp
Regards, Janalee
ORDINANCE NO. 2008-10
AN ORDINANCE AMENDING TITLE 9 (SOUTH JORDAN PUBLIC PEACE, MORALS AND WELFARE), OF THE SOUTH JORDAN MUNICIPAL CODE, PERTAINING TO DISCHARGE OF WEAPONS OTHER THAN FIREARMS IN SOUTH JORDAN CITY.
WHEREAS, South Jordan City has experienced an increase in law enforcement responses to situations involving the display and use of air guns and other similar toy devices within its City limits;
WHEREAS, the public use of these devices can cause criminal property damage to homes and businesses and alarm South Jordan residents, visitors and business leaders;
WHEREAS, the public use of these devises, in the absence of safety regulations, may result in harm or injury to South Jordan residents or visitors;
WHEREAS, the realistic appearance of many of these devices creates a potential for law enforcement officials, residents, or business leaders to mistake the display and use of these devices as a criminal action thereby resulting in the potential for a deadly force confrontation;
WHEREAS, the City Council is concerned about the safety and welfare of its citizens;
WHEREAS, the City Council desires to amend the Public Peace, Morals and Welfare Code adding and enacting this ordinance as proposed; and
WHEREAS, the City Council has found and determined that the proposed amendment to the Public Peace, Morals and Welfare Code, Title 9, will support the best interests of the City and will promote the public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE SOUTH JORDAN CITY COUNCIL AS FOLLOWS:
SECTION 1. Enactment. Section 100, Chapter 08, in Title 9, of the South Jordan Municipal Code is hereby enacted as follows:
9.08.100: DISCHARGE OF WEAPONS OTHER THAN FIREARMS:
A. Air gun defined: As used in this section, the words “air gun” mean and include the following: air gun, air pistol, air rifle, paintball gun, B.B. gun, blow gun, toy gun or device of any kind or nature when so designed, contrived, or modified, can propel, by air, compressed air, gas, electricity or spring-loaded plunger, any pellet, bean, pea, B.B. (metal or plastic), paint ball, rock or other hard substance a distance greater than twenty-five feet.
B. It is unlawful within the City limits when on public property, in public rights-of-ways or on property open to the public for any person to draw or exhibit any air gun (i) in such a manner that a reasonable person would feel threatened by such a display, or (ii) with the intent to intimidate another person.
C. It is unlawful for any person to discharge any air gun within the City limits when on public property, in public rights-of-ways or on property open to the public.
D. It is unlawful for an adult, parent or guardian to knowingly allow a minor to display or discharge any air gun within the City limits when on public property, in public rights-of-ways or on property open to the public, contrary to the provisions of this section.
E. It is unlawful to discharge an air gun on private property in a manner that results in a projectile entering public property, public rights-of-ways, property open to the public, or the private property of a non-consenting third party who has not given prior written permission for the projectiles to enter his or her property.
F. No person shall shoot or discharge any air gun while on private property owned by a nonparticipating third-party without the third-party property owner’s prior written permission.
G. The provisions of subsections B., C., and D. of this section shall not apply when a
person is possessing or using an air gun on a gun range or course, operated or conducted by the City, or any school, educational institution, business or other group, pursuant to rules and regulations promulgated by the City and all applicable state and federal laws.
H. Penalty:
(i.) Police officer discretion may be exercised by issuing a “warning” for a violation of this section.
(ii.) A violation of this section, except for subsection B., shall be punishable a class C misdemeanor.
(iii.) Any subsequent violation of this section shall be enhanced to be punishable as a class B misdemeanor.
(iv.) A violation of subsection B. of this section shall be punishable as a class B misdemeanor.
PASSED AND ADOPTED BY THE CITY COUNCIL OF SOUTH JORDAN CITY, STATE OF UTAH, ON THIS________ DAY OF_______________, 2008 BY THE FOLLOWING VOTE:
YES NO ABSTAIN ABSENT
Aleta A. Taylor ___ ___ ____ ____
Larry Short ___ ___ ____ ____
Kathie L. Johnson ___ ___ ____ ____
Brian C. Butters ___ ___ ____ ____
Leona Winger ___ ___ ____ ____
____________________________________
W. Kent Money, Mayor
ATTEST: __________________________
Anna M. West, City Recorder
The following is forwarded from Janalee Tobias.
In addition to questioning the need for this ban at all, I also think that a Class B misdemeanor for a first offense is way overkill.
Charles
-----Original Message-----
From: Janalee Tobias [mailto:gunflowers@comcast.net]
Sent: Monday, August 04, 2008 10:30 AM
Friends, here's the latest version of the toy gun ban in So. Jordan City. This is ridiculous. No more fun gun games in the park or streets...only on private property. And if a stray plastic pellet gets in your neighbor's yard or in a public area, it's a Class C Misdemeanor--and could be upgraded to a Class B Misdemeanor. And if someone gets nervous if you display a toy gun gun in public it's a Class B Misdemeanor. Today's Salt Lake Tribune Article follows this update.
If you have time, feel free to send an e-mail, phone call, or attend the meeting tomorrow night.
The city council vote on this is tomorrow night, August 5 at 6 p.m., So. Jordan City offices, 1600 W. Towne Center Drive. Here's the link to the Agenda.
http://www.sjc.utah.gov/pdf/councilagenda.pdf
It appears the City Council will approve this in a summary action vote unless enough people protest this.
Here's the link to the e-mail contact for city council:
citycouncilcontact@sjc.utah.gov
Here's the link to city council phone numbers:
http://www.sjc.utah.gov/contactofficials.asp
Regards, Janalee
ORDINANCE NO. 2008-10
AN ORDINANCE AMENDING TITLE 9 (SOUTH JORDAN PUBLIC PEACE, MORALS AND WELFARE), OF THE SOUTH JORDAN MUNICIPAL CODE, PERTAINING TO DISCHARGE OF WEAPONS OTHER THAN FIREARMS IN SOUTH JORDAN CITY.
WHEREAS, South Jordan City has experienced an increase in law enforcement responses to situations involving the display and use of air guns and other similar toy devices within its City limits;
WHEREAS, the public use of these devices can cause criminal property damage to homes and businesses and alarm South Jordan residents, visitors and business leaders;
WHEREAS, the public use of these devises, in the absence of safety regulations, may result in harm or injury to South Jordan residents or visitors;
WHEREAS, the realistic appearance of many of these devices creates a potential for law enforcement officials, residents, or business leaders to mistake the display and use of these devices as a criminal action thereby resulting in the potential for a deadly force confrontation;
WHEREAS, the City Council is concerned about the safety and welfare of its citizens;
WHEREAS, the City Council desires to amend the Public Peace, Morals and Welfare Code adding and enacting this ordinance as proposed; and
WHEREAS, the City Council has found and determined that the proposed amendment to the Public Peace, Morals and Welfare Code, Title 9, will support the best interests of the City and will promote the public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE SOUTH JORDAN CITY COUNCIL AS FOLLOWS:
SECTION 1. Enactment. Section 100, Chapter 08, in Title 9, of the South Jordan Municipal Code is hereby enacted as follows:
9.08.100: DISCHARGE OF WEAPONS OTHER THAN FIREARMS:
A. Air gun defined: As used in this section, the words “air gun” mean and include the following: air gun, air pistol, air rifle, paintball gun, B.B. gun, blow gun, toy gun or device of any kind or nature when so designed, contrived, or modified, can propel, by air, compressed air, gas, electricity or spring-loaded plunger, any pellet, bean, pea, B.B. (metal or plastic), paint ball, rock or other hard substance a distance greater than twenty-five feet.
B. It is unlawful within the City limits when on public property, in public rights-of-ways or on property open to the public for any person to draw or exhibit any air gun (i) in such a manner that a reasonable person would feel threatened by such a display, or (ii) with the intent to intimidate another person.
C. It is unlawful for any person to discharge any air gun within the City limits when on public property, in public rights-of-ways or on property open to the public.
D. It is unlawful for an adult, parent or guardian to knowingly allow a minor to display or discharge any air gun within the City limits when on public property, in public rights-of-ways or on property open to the public, contrary to the provisions of this section.
E. It is unlawful to discharge an air gun on private property in a manner that results in a projectile entering public property, public rights-of-ways, property open to the public, or the private property of a non-consenting third party who has not given prior written permission for the projectiles to enter his or her property.
F. No person shall shoot or discharge any air gun while on private property owned by a nonparticipating third-party without the third-party property owner’s prior written permission.
G. The provisions of subsections B., C., and D. of this section shall not apply when a
person is possessing or using an air gun on a gun range or course, operated or conducted by the City, or any school, educational institution, business or other group, pursuant to rules and regulations promulgated by the City and all applicable state and federal laws.
H. Penalty:
(i.) Police officer discretion may be exercised by issuing a “warning” for a violation of this section.
(ii.) A violation of this section, except for subsection B., shall be punishable a class C misdemeanor.
(iii.) Any subsequent violation of this section shall be enhanced to be punishable as a class B misdemeanor.
(iv.) A violation of subsection B. of this section shall be punishable as a class B misdemeanor.
PASSED AND ADOPTED BY THE CITY COUNCIL OF SOUTH JORDAN CITY, STATE OF UTAH, ON THIS________ DAY OF_______________, 2008 BY THE FOLLOWING VOTE:
YES NO ABSTAIN ABSENT
Aleta A. Taylor ___ ___ ____ ____
Larry Short ___ ___ ____ ____
Kathie L. Johnson ___ ___ ____ ____
Brian C. Butters ___ ___ ____ ____
Leona Winger ___ ___ ____ ____
____________________________________
W. Kent Money, Mayor
ATTEST: __________________________
Anna M. West, City Recorder