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Thread: Washington Cities in violation of preemption.

  1. #1
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    To not further de-rail the Resturant DNP thread.
    Gene Beasley wrote:

    I compiled all of the city and counties that have codes in violation of preemption. It’s available at NWCDL. These are the cities and one county that have codes on the books that exceed the language allowed when referring to alcohol being served.
    • Auburn, 9.34.020
    • Brewster, 9.36.010
    • Burien, 9.50.210
    • Cathlamet, 9.20.010
    • Chelan, 9.18.040
    • Chelan County, 7.22.020
    • Connell, 9.28.020 & 9.28.040
    • Des Moines, 9.36.030
    • East Wenatchee, 9.20.040
    • Elma, 9.34.020
    • Ephrata, 9.22.010
    • Federal Way, 6-138
    • Issaquah, 9.10.040
    • Kirkland, 11.41.060
    • Kittitas, 9A.20.010 9A.20.020
    • Lakewood, 9.34.020
    • Langley, 9.04.050
    • Quincy, 9.13.020
    • Richland, 9.27.020
    • Sequim, 9.36.010
    • Soap Lake, 9.36.010 & 9.36.030
    • Sultan, 9.32.010
    • Sunnyside, 9.20.030
    • Tonasket, 9.24.010
    • West Richland, 9.36.012

  2. #2
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    Thing does NOT work right when you try to do that..POS

    Anyway, I got the full list and I see mentioned Moses Lake Code 12.36.090
    12.36.090 Dangerous Equipment and Activities: No person shall use or engage in any activity that creates
    an unreasonable interference or danger to other persons. Such activities include the use of
    archery equipment, discuses, javelins, shot-puts, aircraft, rockets, missiles, firearms, and all
    activities that the City Manager declares unreasonable. The City Manager may allow those
    activities in special-use areas as provided in Section 12.36.100 of this chapter. (Ord. 2228,
    8/9/05)
    Im wondering about this one. It specifies "use." Does that include carrying, Im not so sure. The "City Manager" clause gets me though. Im thinking that if the City Manager were to declare OC unreasonable, it would be, against this law, and therefore preemption, right?
    Im trying to figure this one out, and if it needs to be attacked. Any help?

  3. #3
    Regular Member TechnoWeenie's Avatar
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    colt45ws wrote:
    Thing does NOT work right when you try to do that..POS

    Anyway, I got the full list and I see mentioned Moses Lake Code 12.36.090
    12.36.090 Dangerous Equipment and Activities: No person shall use or engage in any activity that creates
    an unreasonable interference or danger to other persons. Such activities include the use of
    archery equipment, discuses, javelins, shot-puts, aircraft, rockets, missiles, firearms, and all
    activities that the City Manager declares unreasonable. The City Manager may allow those
    activities in special-use areas as provided in Section 12.36.100 of this chapter. (Ord. 2228,
    8/9/05)
    Im wondering about this one. It specifies "use." Does that include carrying, Im not so sure. The "City Manager" clause gets me though. Im thinking that if the City Manager were to declare OC unreasonable, it would be, against this law, and therefore preemption, right?
    Im trying to figure this one out, and if it needs to be attacked. Any help?
    Welcome
    Evangelical lessons are provided upon request. Anyone wishing to meet Jesus can just kick in my door.

  4. #4
    Regular Member Gene Beasley's Avatar
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    Part 1) If there is something that I can clear up with how the spreadsheet works, PM me. It uses Autofilters and is sorted by county. It looks at four specific areas that seemed to crop up over and over again; possession/carry in parks, Council Chambers/City Hall, broader than allowed language for establishments that serve alcohol, ability for local executive to curtail rights in emergency. There is also an 'other' column for notes and if there is a code number, then there was something else that violated preemption. *** this is up to date as of roughly May 2008.

    Part 2) As far as Moses Lake,I think it is poorly worded and might be worth an inquiry. I wouldn't pose it as an OC question but as a legal carry question. I see no sense in putting them on the defense when they might jump right up and make a reasonable change. But that's my $.02 worth.

  5. #5
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    The following is on the books of the Ferndale Munitipal Code:

    12.26.040 Firearms, campfires, fireworks and camping.

    A.The possession of firearms in City parks is prohibited, except those firearms in possession of law enforcement personnel.

    In the wake of the successful campaign to have a no-firearms sign removed at the library, I wrote to the City Administrator about this ordinance. He told me verbally that it "would be taken care of", and that in any case the code is not being enforced by the city police. My letter was dated November 22; so far I have seen no sign of an item on the City Council's agenda. I am advancing my calendar to January for follow-up.

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