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Thread: Yakima County moving toward compliance with State Preemption

  1. #1
    Opt-Out Members BigDave's Avatar
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    Yakima County moving toward compliance with State Preemption

    I have been working with one of the Commissioners for the past few months and things are moving along to correct 3 ordinances that violate State Preemption.
    I do not have a draft of what wording they are changing but do to the comment of repealing the ordinance on prohibiting promoters from allowing firearms on the premises during events, it seems pretty positive.

    I will be there to ensure the changes are in compliance with State Law though.

    Yakima City Codes were brought into compliance fall 2009.

    I will be looking at Union Gap and Selah as they both have a couple of issues on firearms.

    BOARD OF YAKIMA COUNTY COMMISSIONERS
    Weekly Agenda Meeting
    Tuesday, June 29, 2010 at 10:00 AM
    City Council Chambers, 129 North 2nd Street, Yakima, Washington

    CORPORATE COUNSEL
    Terry Austin, Chief Civil
    Deputy Prosecuting Attorney
    Reso 286-2010 Setting Public Hearing to Consider an Ordinance
    Relating to the Possession of Firearms in County Parks,
    At Outdoor Festivals, and at Other Occasional
    Amusements, Sporting Events, or Shows;
    Amending
    Yakima County Code 8.10.170, 11.40.500;
    Repealing
    Yakima County Code 5.16.090; July 20, 2010 10:30:
    They are modifying these two ordinances

    8.10.170 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.

    (2) 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 one thousand dollars or by imprisonment in the county jail for not more than ninety days or by both such fine and imprisonment.

    (Ord. 3-1995 17, 1995: Ord. 8-1976 1 (part), 1976).
    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).
    They are repealing this one.

    5.16.090 Firearms Penalty.

    No promoter or any officer, employee, volunteer, member, agent or representative of the promoter shall permit or knowingly allow any person to use, possess, deliver, or bring upon the premises of said event covered by this chapter any firearms. The presence or use of firearms on the premises of an event covered by this chapter shall be cause for immediate revocation of the license for the event.

    (Ord. 13-1995 15, 1995)

  2. #2
    Opt-Out Members BigDave's Avatar
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    For those who are interested Tuesday July, 20 at 10:30 in the Yakima City Council Chambers there will be a public hearing;

    Here is a copy of the Draft
    Note the red lettering is proposed to be removed from the ordinance.


    BOARD OF YAKIMA COUNTY COMMISSIONERS
    ORDINANCE NO.
    -2010
    AN ORDINANCE RELATING TO THE POSSESSION OF FIREARMS IN COUNTY PARKS,
    AT OUTDOOR FESTIVALS, AND AT OTHER OCCASIONAL AMUSEMENTS,
    SPORTING EVENTS, OR SHOWS; AMENDING YAKIMA COUNTY CODE 8.10.170,
    11.40.500; REPEALING YAKIMA COUNTY CODE 5.16.090

    WHEREAS, RCW 9.41.290 provides that the State of Washington fully occupies and
    preempts the entire field of firearms regulation within the boundaries of the state; and,

    WHEREAS, RCW 9.41.290 further provides that counties may enact only those laws and
    ordinances relating to firearms that are specifically authorized by state law; as in RCW 9.41.300
    and are consistent with Chapter 9.41 RCW; and,

    WHEREAS, it is come to the attention of the Board of Yakima County Commissioners
    that certain provisions of the Yakima County Code prohibiting the possession of firearms in
    county parks, at outdoor festivals, and at circuses, carnivals, rodeos, animal shows and rides, and
    other occasional amusements, sporting events, or shows are inconsistent with the state statutes
    cited above; and,

    WHEREAS, the Board finds it is appropriate amend or repeal the sections of the County
    Code that are inconsistent with the state’s statutory scheme of preemption; now, therefore,
    BE IT ORDAINED, by the Board of Yakima County Commissioners as follows:

    Section 1:
    Yakima County Code 8.10.170 is hereby amended to read as follows:
    8.10.170 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 an
    outdoor music festival, as defined and regulated by Chapter 70.108 RCW.
    (2) 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 that one
    hundred dollar and not more than two hundred one thousand dollars or by imprisonment in the
    county jail for at least ten days and not more than ninety days or by both such fine and
    imprisonment.

    Section 2:
    Yakima County Code 11.04.500 is hereby amended to read as follows:

    11.04.500 Firearms
    No person shall possess a firearm with a cartridge in any portion of the mechanism;
    nor shall an 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 consistent with Yakima County park use and such use is
    confined to a designated area so posted for such use.

    Section 3:
    Yakima County Code 5.16.090 is hereby repealed.

    Section 4:
    Effective Date (Note this is a Draft and not final as of yet)
    This ordinance shall be effective immediately upon adoption by the Board of County
    Commissioners.
    Adopted this ______ day of May 2010.
    Attest:
    Christina S. Steiner, Clerk of the Board
    BOARD OF YAKIMA COUNTY
    COMMISSIONERS
    Michael D. Leita, Chairman
    Kevin J. Bouchey, Commissioner
    J. Rand Elliott, Commissioner
    Constituting the Board of County
    Commissioners
    for Yakima County, Washington
    Last edited by BigDave; 06-28-2010 at 05:20 PM. Reason: Post Draft

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    Sunnyside also has an ordinance banning firearms in city parks.

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    "11.04.500 Firearms
    No person shall possess a firearm with a cartridge in any portion of the mechanism;"

    That's still more restrictive than state law, since state law does not restrict whether a gun can be loaded or not, except in RCW 9.41.050

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    Quote Originally Posted by G22Paddy View Post
    "11.04.500 Firearms
    No person shall possess a firearm with a cartridge in any portion of the mechanism;"

    That's still more restrictive than state law, since state law does not restrict whether a gun can be loaded or not, except in RCW 9.41.050
    Paddy it states above that this is not a final draft and that the parts in red are being considered for being dropped from the final draft...

    Just in case you didnt see that earlier...

  6. #6
    Opt-Out Members BigDave's Avatar
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    I some how left out the information on the one ordinance which will be repealed which I thought would be the hardest to remove.

    With so many cities or counties restricting firearms in fairgrounds, this over reaching ordinance is being removed.


    Yakima County Code 5.16.090 Firearms Penalty.

    No promoter or any officer, employee, volunteer, member, agent or representative of the promoter shall permit or knowingly allow any person to use, possess, deliver, or bring upon the premises of said event covered by this chapter any firearms. The presence or use of firearms on the premises of an event covered by this chapter shall be cause for immediate revocation of the license for the event.

    (Ord. 13-1995 15, 1995).

    Again the red lettering denotes the proposed removal of the text.

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