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Thread: City of Yakima Code

  1. #1
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    Sent a letter to the city of Yakima concerning 13.16.120 which restricts firearms from parks.

    Dear Attorney and Council of the city of Yakima:
    I would like to bring to the city’s attention Yakima Municipal Code13.16.120 [Firearms prohibited--Throwing prohibited] and its violation of Washington State Law.
    Currently Yakima Municipal Code13.16.120 is worded: “No person other than an authorized peace officer shall carry any firearms, nor shall any person throw stones or other missiles, in any park or playground, or into the waters of any pool, wading pool or swimming pool. (Ord. B-1381, rule 12, 1952).”
    Yakima Municipal Code13.16.120 is in violation of RCW 9.41.290 [State Preemption]: “Local laws and ordinances that are inconsistent with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality.”
    Yakima Municipal Code13.16.120 is inconsistent and more restrictive then RCW 9.41.300 when it states: “No person other than an authorized peace officer shall carry any firearms…” There is no exemption in RCW 9.41.300 that stats a city can restrict the right to carry a firearm onto the grounds of a public park. Under RCW 9.41.290, Yakima Municipal Code13.16.120 is preempted and repealed. I would also like to direct your attention to the Washington State Attorney General's Opinion AGO 2008 No. 8 which states "RCW 9.41.290 preempts a city’s authority to enact local laws that prohibit possession of firearms on city property or in city-owned facilities."
    I request that you revise the referenced codein order to prevent and preclude the potential for a lawsuit from illegal citation and/or arrest in violation of state law. Further, I request that you assist the city law enforcement officials to develop a bulletin for officers that will clear up misconceptions caused by the preempted code. I look forward to hearing back from you about this issue.

    Thank You

  2. #2
    Opt-Out Members BigDave's Avatar
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    Has there been any contact from Yakima in reference to your request?

    I have found that Yakima County has similar ordinances on their books as well.

    Chapter 5.16
    CIRCUSES, CARNIVALS, RODEOS, ANIMAL SHOWS AND RIDES, AND OTHER OCCASIONAL AMUSEMENTS, SPORTING EVENTS, OR SHOWS


    5.16.010 License – Required. No person shall knowingly allow, conduct, hold, maintain, cause to be advertised, sponsor, permit or conduct any outdoor circus, carnival, rodeo, animal show or animal rides, or any other occasional amusement, sporting event, or show in the unincorporated area of Yakima County without first obtaining a license pursuant to this chapter.
    (Ord. 13-1995 §4, 1995: Vol. V p. 247 §1, 1945).

    Chapter 8.10
    OUTDOOR FESTIVAL REGULATIONS8.10.170

    Firearms – Penalty. (1)It is unlawful for any person, except law enforcement officers, to carry, transport or convey, or to have in his possession or under his control, any firearm while on the site of a festival.

    Chapter 11.04
    GENERAL PROVISIONS


    11.04.500 Firearms. No person shall possess a firearm with a cartridge in any portion of the mechanism; nor shall any person discharge across, in, or into any Yakima County park area a firearm, bow and arrow, or air or gas operated weapon, or any device capable of injuring or killing any person or animal, or damaging or destroying any public or private property, except where the department for good cause has authorized a special recreational firearm activity upon finding that it is not inconsistent with Yakima County park use and such use is confined to a designated area so posted for such use.
    (Ord. 3-1984 (part), 1984).

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  3. #3
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    I sent another letter to the City of Yakima and sent this off to Yakima County:

    Dear Yakima County Commissioners and Attorney:
    I would like to bring to the county’s attention Yakima County Code 11.04.500 [Firearms prohibited in parks.] and 8.10.120 [Outdoor Festival Regulations] and their violation of Washington State Law.
    Currently Yakima County Code 11.04.500 is worded: No person shall possess a firearm with a cartridge in any portion of the mechanism; nor shall any person discharge across, in, or into any Yakima County park area a firearm, bow and arrow, or air or gas operated weapon, or any device capable of injuring or killing any person or animal, or damaging or destroying any public or private property, except where the department for good cause has authorized a special recreational firearm activity upon finding that it is not inconsistent with Yakima County park use and such use is confined to a designated area so posted for such use.(Ord. 3-1984 (part), 1984).
    Yakima County Code 11.04.500 is in violation of RCW 9.41.290 [State Preemption]: “Local laws and ordinances that are inconsistent with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality.”
    Yakima County Code 11.04.500 is inconsistent and more restrictive than RCW 9.41.300 when it states: “No person shall possess a firearm with a cartridge in any portion of the mechanism…” There is no exemption in RCW 9.41.300 that states a city can restrict the right to carry a loaded firearm onto the grounds of a public park. Under RCW 9.41.290, Yakima County Code 11.04.500 is preempted and repealed.
    Yakima County Code 8.10.120 is inconsistent and more restrictive than RCW 70.108.150 when it states: “It is unlawful for any person, except law enforcement officers, to carry, transport or convey, or to have in his possession or under his control, any firearm while on the site of a festival.” There is no exemption in RCW 9.41.300 that states a city can restrict the right to carry a firearm to ANY festival, under RCW 70.108.150 it must be classified as a music festival.
    I would also like to direct your attention to the Washington State Attorney General's Opinion AGO 2008 No. 8 which states "RCW 9.41.290 preempts a city’s authority to enact local laws that prohibit possession of firearms on city property or in city-owned facilities."
    I request that you revise the referenced codein order to prevent and preclude the potential for a lawsuit from illegal citation and/or arrest in violation of state law. Further, I request that you assist the city law enforcement officials to develop a bulletin for officers that will clear up misconceptions caused by the preempted code. I look forward to hearing back from you about this issue.

    Thank You

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    Woops quoted the wrong code for the festival one, ah well I already sent it off.

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    Unfortunately they're not too far off with banning at outdoor festivals. It just needs to be brought into state alignment.

    RCW 70.108.150 Firearms — Penalty. It shall be unlawful for any person, except law enforcement officers, to carry, transport or convey, or to have in his possession or under his control any firearm while on the site of an outdoor music festival. Any person violating the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than one hundred dollars and not more than two hundred dollars or by imprisonment in the county jail for not less than ten days and not more than ninety days or by both such fine and imprisonment. [1972 ex.s. c 123 § 5.]
    This is a very little known RCW that isn't under the firearms part of RCW's. Does anyone know if there are more like this?

  6. #6
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    That is why I made sure to tell them that they need to state MUSIC festivals not just festivals.

  7. #7
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    Don't be shocked when you never get a response.

  8. #8
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    The city or the county? I think your right if your talking about the city seeing as though my first email to them was sent over 3 months ago.

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