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Thread: Arlington, WA 9.48.030 & 9.48.040

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    Regular Member jbone's Avatar
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    Arlington, WA - Are theysaying under 9.48.030 I cannot eat at a restaurant that servers Alcohol, even though I do not enter the bar area. The restaurant portion is not regulated by the Liquor control Board.

    Are they saying under 9.48.040 I cannot go to an Open to the Public council meeting at city hall with a firearm!

    9.48.030 Weapons prohibited on liquor sale premises.


    It is a misdemeanor for anyone, on or in any premises in the city where alcoholic beverages are dispensed by the drink to:

    (a)Carry in any manner any firearm, rifle or handgun, whether such person has a license or permit to carry such firearm or not, and whether such firearm is concealed or not; or

    (b)Carry any knife, sword, dagger or other cutting or stabbing instrument, with a blade of a length of three inches or more, or any razor with an unguarded blade, whether such weapon or instrument is concealed or not; or

    (c)Carry any instrument or weapon of the kind usually known as a slingshot, taser, throwing star, bow, sand club, blackjack, metal knuckles, or any stick, chain, metal pipe, bar, club or combination thereof including a device known as numchuk sticks, or any like device having the same or similar components or parts, whether or not connected by a rope, chain or other device, or any explosive or any poison or injurious gas, or any other instrument or weapon apparently capable of producing bodily harm, whether such instrument or weapon is concealed or not.

    The provisions of subsection (a) of this section will not apply to or affect the following:

    (a)Any lawful act committed by a person while in his or her fixed place of business; or

    (b)Any person who by virtue of his or her office or public employment is vested by law with a duty to preserve public safety, maintain public order, or to make arrests for offenses, whether during regular duty hours or not; or

    (c)Any person making or assisting in making a lawful arrest for the commission of a felony.

    Upon conviction, the weapon or instrument involved may be confiscated by order of the court and disposed of in accordance with statutes or ordinances governing the disposal of confiscated or found property.

    (Ord. 1289 ツァ2, 2002).


    9.48.040 Firearms prohibited in certain places; exceptions; penalty.
    [/b]
    (a)It is unlawful for any person to enter the council chambers of the city council when he or she knowingly possesses or knowingly has under his or her control a firearm.

    (b)The provisions of this section do not apply to:

    (1)Law enforcement personnel; or

    (2)Security personnel while engaged in official duties.

    (c)Any person violating this section is guilty of a misdemeanor.

    (Ord. 1289 ツァ2, 2002).




    http://library2.municode.com/default-test/home.htm?infobase=16199&doc_action=whatsnew

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    Regular Member j2l3's Avatar
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    It would appear that is what they are saying. These codes were published in 2002. Might just take a carefully worded letter to point out the errors. Never know....
    CZ 75B 9mm, Ruger P94 .40 S&W, Bersa Thunder .380, AR-15 Homebuild

  3. #3
    Regular Member jbone's Avatar
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    I was looking for as second code source on the net, know of any. Wanted to double check if another site have have newer? The city Web site does'nt post thier codes.
    I知 proudly straight. I'm free to not support Legalization, GLBT, Illegal Aliens, or the Islamization of America.

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    Regular Member j2l3's Avatar
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    Yup, I checked it here and it says the same thing you found.

    http://www.mrsc.org/Codes.aspx
    CZ 75B 9mm, Ruger P94 .40 S&W, Bersa Thunder .380, AR-15 Homebuild

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    Regular Member j2l3's Avatar
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    Never mind.... I see we looked in the same place.
    CZ 75B 9mm, Ruger P94 .40 S&W, Bersa Thunder .380, AR-15 Homebuild

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    Regular Member jbone's Avatar
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    got the morning off tomorrow, i'll try to make a trip to City hall and see who I can take to, thenfollow up with the email to whown ever I can't talk to. Figure I'll start with theMayor & City Attorney.
    I知 proudly straight. I'm free to not support Legalization, GLBT, Illegal Aliens, or the Islamization of America.

  7. #7
    Regular Member j2l3's Avatar
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    Good choices, maybe emails to the city council members. They are the ones who will write approve the changes. The city attorney will be the one to advise them and rewrite it.
    CZ 75B 9mm, Ruger P94 .40 S&W, Bersa Thunder .380, AR-15 Homebuild

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    "b)Carry any knife, sword, dagger or other cutting or stabbing instrument, with a blade of a length of three inches or more, or any razor with an unguarded blade, whether such weapon or instrument is concealed or not; or
    c) <snip> or any other instrument or weapon apparently capable of producing bodily harm, whether such instrument or weapon is concealed or not."

    Hope they don't serve beverages in bottles! And it must be hard for these establishments to serve food without plates or for patrons to eat their meals without forks, spoons or knives, ketchup (bottles), etc, but then you wouldn't stay long without chairs to sit on.

    What a bunch of macaroons...maybe we should just start reporting all of those locations for the numerous violations of the above which they would be anytime the waiter/waitress, busboy, chef, etc sets the tables, brings out meals/beverages or prepares/cooks food.

    Gary

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    Regular Member jbone's Avatar
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    I sent the letter to the Mayor and remaing council memeberstoday.

    The Wait begins.


    I知 proudly straight. I'm free to not support Legalization, GLBT, Illegal Aliens, or the Islamization of America.

  10. #10
    Regular Member jbone's Avatar
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    My email went to the entireCouncil.This is what I got.

    Mr. Xxxx, in behalf of Mayor Larson and the Council, I would like to inform you that the entire Arlington Municipal Code is currently being revised and updated by City Staff under the careful scrutiny of our City Attorney. Your comments will certainly be taken into consideration. Also, this response to your e-mail is being shared with our Chief of Police. Thank you for your input.




    Allen Johnson

    City Administrator
    I知 proudly straight. I'm free to not support Legalization, GLBT, Illegal Aliens, or the Islamization of America.

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    Regular Member sudden valley gunner's Avatar
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    Good job! Hopefully they not only listen to your input, but decide not to ignore it.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

  12. #12
    Regular Member jbone's Avatar
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    I do plan on contacting the City Attorney since his was mentioned.
    I知 proudly straight. I'm free to not support Legalization, GLBT, Illegal Aliens, or the Islamization of America.

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    Regular Member jbone's Avatar
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    Wow!

    My response from the City attorney below. Before I reply half cocked, any suggestions, or validity to his "client (the City of Arlington) are confidential" claims. Certainly has the same "Whatever" tone the City Administrator conveyed in his reply.

    Now were taking City Ordinance here, Tax payer information, tax payers pay his salary. One would think I had requested information on an ongoing criminal investigation.

    "Mr. Xxxx, I am sure that you understand that as an attorney, the communications I have with my client (the City of Arlington) are confidential and privileged, and that I am ethically prohibited from disclosing to you the content of communications to and from my client, without the client expressly waiving that privilege.

    Having said that, be assured that your previous emails have been shared with me and with the police chief, and I have no doubt that your fears about the City violating the rights of its citizens are not well founded. As you have been informed, the city is in the process of revising its codes, including Title 9 of the Arlington Municipal Code, and these issues will be addressed at that time".

    Steve Peiffle

    Bailey, Duskin, Peiffle & Canfield, P.S.

    P.O. Box 188

    Arlington, WA 98223

    steve@snolaw.com

    www.snolaw.com

    360-435-2168

    fax 360-435-6060
    I知 proudly straight. I'm free to not support Legalization, GLBT, Illegal Aliens, or the Islamization of America.

  14. #14
    Regular Member sudden valley gunner's Avatar
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    Might want to tell him you didn't elect the lawyer and that your elected officials are obligated to answer those whom they "represent"

    What is our society coming to when public officials,are now hiding behind lawyers on public issues?
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

  15. #15
    Regular Member j2l3's Avatar
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    Most smaller cities use private lawyers as thier "City Attorney" which appears to be the case with Arlington. Looking at this attorney's email signature shows he does not work directly for the city.

    Because of this, he does get to claim attorney/client privelege. He is paid for the wrok he does and is not on thier regular payroll.

    Having said that, the elected officials and the people who are on the cities regular payroll, will have to give up the information if you file an FOIA request.
    CZ 75B 9mm, Ruger P94 .40 S&W, Bersa Thunder .380, AR-15 Homebuild

  16. #16
    Regular Member jbone's Avatar
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    I have recontacted the Mayor asking for the release of requested info from her.
    I知 proudly straight. I'm free to not support Legalization, GLBT, Illegal Aliens, or the Islamization of America.

  17. #17
    Regular Member jbone's Avatar
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    jbone wrote:
    I have recontacted the Mayor asking for the release of requested info from her.
    Thank you for your recent email to Mayor Larson that she asked me to respond to. As our City Administrator, Allen Johnson, and City Attorney, Steve Peiffle, indicated to you in early November, the City Council is in the process of reviewing the entire Arlington Municipal Code to complete a thorough update. This process began in earnest in September and is expected to conclude in May or June 2010.

    Revisions to Title 9 are scheduled to be reviewed by the City Council at their Workshop on Monday, January 11, 2010. If there are no further substantial rewrites requested by the Council, then an ordinance will be prepared and likely adopted at the City Council窶冱 regular February 1, 2010 meeting. The ordinance would go into effect 5 days after publication.

    Kristin Banfield


    Assistant City Administrator / City Clerk

    City of Arlington

    kbanfield@arlingtonwa.gov

    (360) 403-3444

    Cell (425) 754-1728


    I知 proudly straight. I'm free to not support Legalization, GLBT, Illegal Aliens, or the Islamization of America.

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    Regular Member amzbrady's Avatar
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    FOIA ???
    If you voted for Obama to prove you are not a racist...
    what will you do now to prove you are not stupid?

    "The American people will never knowingly adopt socialism. But, under the name of "liberalism," they will adopt every fragment of the socialist program, until one day America will be a socialist nation, without knowing how it happened." - Norman Thomas

    "They who can who can give up essential liberty to obtain a little temporary safety, deserve niether liberty nor safety." - Ben Franklin

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    Regular Member jbone's Avatar
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    amzbrady wrote:
    FOIA ???
    I'm gona wait and see what happens at the Feb 1st Council meeting.
    I知 proudly straight. I'm free to not support Legalization, GLBT, Illegal Aliens, or the Islamization of America.

  20. #20
    Regular Member amzbrady's Avatar
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    yea, and he said the ordinance will go into affect in 5 days, so not to long to wait, besides how long does it take for the FOIA to go through?
    If you voted for Obama to prove you are not a racist...
    what will you do now to prove you are not stupid?

    "The American people will never knowingly adopt socialism. But, under the name of "liberalism," they will adopt every fragment of the socialist program, until one day America will be a socialist nation, without knowing how it happened." - Norman Thomas

    "They who can who can give up essential liberty to obtain a little temporary safety, deserve niether liberty nor safety." - Ben Franklin

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    My question to her would be..."Why the public comments?It is the law....Foloow it then get it changed if that is what you are after, but until then it is the law, so....Follow it.

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    If you need any help with this let me know, I am an Arlington resident living one block off main street and I open carry all the time and frequently eat at local restaurants while carrying. I have not thus far had an issue but if there is something I can do to help prevent any future issues I would be more than happy to add my voice and the voice of my roommate and closest friend (both of whom carry in Arlington as well) in support of your cause.

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    Also, Welcome to the wonderful world of Open Carry.

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    Regular Member jbone's Avatar
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    Reverend Sin wrote:
    If you need any help with this let me know, I am an Arlington resident living one block off main street and I open carry all the time and frequently eat at local restaurants while carrying. I have not thus far had an issue but if there is something I can do to help prevent any future issues I would be more than happy to add my voice and the voice of my roommate and closest friend (both of whom carry in Arlington as well) in support of your cause.
    Thanks, If I'm off work that day I'll be going to that meeting.
    I知 proudly straight. I'm free to not support Legalization, GLBT, Illegal Aliens, or the Islamization of America.

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    jbone wrote:
    Reverend Sin wrote:
    If you need any help with this let me know, I am an Arlington resident living one block off main street and I open carry all the time and frequently eat at local restaurants while carrying. I have not thus far had an issue but if there is something I can do to help prevent any future issues I would be more than happy to add my voice and the voice of my roommate and closest friend (both of whom carry in Arlington as well) in support of your cause.
    Thanks, If I'm off work that day I'll be going to that meeting.
    You going to risk the possible misdemeanor by carrying to the meeting?

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