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Another Spokane? Pierce County Parks Gun Ban

jt59

Regular Member
Joined
Jul 19, 2010
Messages
1,005
Location
Central South Sound
I don't know if this has been addressed in the past yet, but if not.......I saw the signs at the Chambers Creek Golf Course and thought it was a University Place City issue, but it appears to be greater than that, given what is going down over on the east side...................Comments/Suggestions?...with a successful outcome in Spokane, this would seem to be a good candidate to educate.

Pierce County Parks Website
http://www.co.pierce.wa.us/pc/abtus/ourorg/parks/parks.htm

Their Advisory Board:

http://www.co.pierce.wa.us/pc/abtus/ourorg/parks/CAB-parks.htm

The Rules:

http://www.co.pierce.wa.us/pc/services/recreate/fac-rules.htm

OTHER PARK RULES & REGULATIONS

Possession of alcoholic beverages is prohibited.
Loitering in vehicles is prohibited.
For safety, swim only in designated areas.
Please use trash receptacles.
No firearms, fireworks, or open fires.
Loud music is prohibited.
Drive carefully and cautiously and enjoy your visit.
No person shall camp in any park except in areas specifically designated and/or marked for that purpose.
Violations of any of the Park Code 36.68 can mean fines up to $1,000.00 and/or imprisonment of 90 days. Rewards of up to $300 may be given for information leading to the arrest and conviction of anyone vandalizing Pierce County property.

http://www.co.pierce.wa.us/xml/services/recreate/parkcode14-08.pdf

Cross-reference: Chapter 36.68 RCW
14.08.010 Title.
This Chapter shall constitute the Park Code of Pierce County and may be cited as such.
Conduct in all public parks shall be subject to all the general police regulations of this Code and not exclusively to the provisions of this Chapter. (Res. 18122 § 1; prior Code § 12.04.010)

14.08.020 Liberal Construction.
This Chapter is an exercise of the police power of the State of Washington, and of Pierce County, for the public peace, health, safety and welfare, and its provisions shall be liberally construed. (Res. 18122 § 1; prior Code § 12.04.020)

H. "Park" means and includes all parks, squares, drives, community centers, recreation
centers, meridians, trails, linear corridors, parkways, boulevards, golf courses, boat
launching ramps, zoos, beaches, playfields, and recreation areas and facilities comprising
the parks and recreation system of the County and under the management and control of
the Department.

I. Possess a firearm with a cartridge in any portion of the mechanism, or discharge across, in or into any park a firearm, air or gas weapon, or any device capable of injuring or killing any person or animal or damaging or destroying any public or private property;
J. Annoy, bother, molest, insult or offer an affront to any other person within a park;

Their Meeting Schedule: The website also has a means to submit discussion topics for the meetings electronically.

http://www.co.pierce.wa.us/pc/abtus/ourorg/parks/CAB-parks.htm#Meeting Schedule
 
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jt59

Regular Member
Joined
Jul 19, 2010
Messages
1,005
Location
Central South Sound
Also, FYI...I am heading out of town today to climb Rainier, so I will be out of touch with the internet until Tuesday of next week.

I don't know if this has been addressed in the past yet, but if not.......I saw the signs at the Chambers Creek Golf Course and thought it was a University Place City issue, but it appears to be greater than that, given what is going down over on the east side...................Comments/Suggestions?...with a successful outcome in Spokane, this would seem to be a good candidate to educate.

Pierce County Parks Website
http://www.co.pierce.wa.us/pc/abtus/ourorg/parks/parks.htm

Their Advisory Board:

http://www.co.pierce.wa.us/pc/abtus/ourorg/parks/CAB-parks.htm

The Rules:

http://www.co.pierce.wa.us/pc/services/recreate/fac-rules.htm

OTHER PARK RULES & REGULATIONS

Possession of alcoholic beverages is prohibited.
Loitering in vehicles is prohibited.
For safety, swim only in designated areas.
Please use trash receptacles.
No firearms, fireworks, or open fires.
Loud music is prohibited.
Drive carefully and cautiously and enjoy your visit.
No person shall camp in any park except in areas specifically designated and/or marked for that purpose.
Violations of any of the Park Code 36.68 can mean fines up to $1,000.00 and/or imprisonment of 90 days. Rewards of up to $300 may be given for information leading to the arrest and conviction of anyone vandalizing Pierce County property.

http://www.co.pierce.wa.us/xml/services/recreate/parkcode14-08.pdf

Cross-reference: Chapter 36.68 RCW
14.08.010 Title.
This Chapter shall constitute the Park Code of Pierce County and may be cited as such.
Conduct in all public parks shall be subject to all the general police regulations of this Code and not exclusively to the provisions of this Chapter. (Res. 18122 § 1; prior Code § 12.04.010)

14.08.020 Liberal Construction.
This Chapter is an exercise of the police power of the State of Washington, and of Pierce County, for the public peace, health, safety and welfare, and its provisions shall be liberally construed. (Res. 18122 § 1; prior Code § 12.04.020)

H. "Park" means and includes all parks, squares, drives, community centers, recreation
centers, meridians, trails, linear corridors, parkways, boulevards, golf courses, boat
launching ramps, zoos, beaches, playfields, and recreation areas and facilities comprising
the parks and recreation system of the County and under the management and control of
the Department.

I. Possess a firearm with a cartridge in any portion of the mechanism, or discharge across, in or into any park a firearm, air or gas weapon, or any device capable of injuring or killing any person or animal or damaging or destroying any public or private property;
J. Annoy, bother, molest, insult or offer an affront to any other person within a park;

Their Meeting Schedule: The website also has a means to submit discussion topics for the meetings electronically.
 

daddy4count

Regular Member
Joined
May 11, 2010
Messages
513
Location
Seattle, Washington, USA
Good luck on Rainier, excellent week for a summit trip.

I'm down for a OCDO picnic in the park... see what the local LEO's have to say about the local statute vs. RCW 9.41.290 (State preemption)
 

Tomas

Regular Member
Joined
Mar 18, 2010
Messages
702
Location
University Place, Washington, USA
Pierce County Parks Website
http://www.co.pierce.wa.us/pc/abtus/ourorg/parks/parks.htm

Their Advisory Board:

http://www.co.pierce.wa.us/pc/abtus/ourorg/parks/CAB-parks.htm

The Rules:

http://www.co.pierce.wa.us/pc/services/recreate/fac-rules.htm

OTHER PARK RULES & REGULATIONS

14.08.020 Liberal Construction.
This Chapter is an exercise of the police power of the State of Washington, and of Pierce County, for the public peace, health, safety and welfare, and its provisions shall be liberally construed. (Res. 18122 § 1; prior Code § 12.04.020)

Any of the lawyerly types want to give some hints on exactly what this means in plain English?
 

Tomas

Regular Member
Joined
Mar 18, 2010
Messages
702
Location
University Place, Washington, USA
Do something that "they" don't like in "their" park and "they" will boot you out using 14.08.020 as an exercise of "their" "police power" regardless of what the State of Washington says because 14.08.020 says "they" can.

I was thinking more particularly of the phrase "provisions shall be liberally construed" in my question.

I'm guessing it means to stretch it as far and as thinly as one can to cover the absolute widest set of possible actions they might want to harass, fine, or jail people for, but that is only a guess as I suspect it is a "term of art" that has specifically understood meaning in law.

I dunno. :(

Actually the entire §14 appears to be poorly written, as in it's plain reading appears to even ban motorized wheelchairs and mobility 'scooters' from use by the handicapped unless individually approved in writing (I'm sure that was NOT their intention, but...).
 
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Tawnos

Regular Member
Joined
Jun 4, 2008
Messages
2,542
Location
Washington
Any of the lawyerly types want to give some hints on exactly what this means in plain English?

IANAL, but have taken a law class and studied the law quite a bit..

It means that the law should not be confined to the strictest, most literal meaning of the words, but on borderline cases, should choose to say the law applies rather than not. It's legalese of "better safe than sorry."
 

swatspyder

Regular Member
Joined
May 25, 2009
Messages
573
Location
University Place, Washington, USA
I don't know if this has been addressed in the past yet, but if not.......I saw the signs at the Chambers Creek Golf Course and thought it was a University Place City issue, but it appears to be greater than that, given what is going down over on the east side...................Comments/Suggestions?...with a successful outcome in Spokane, this would seem to be a good candidate to educate.

Pierce County Parks Website
http://www.co.pierce.wa.us/pc/abtus/ourorg/parks/parks.htm

Their Advisory Board:

http://www.co.pierce.wa.us/pc/abtus/ourorg/parks/CAB-parks.htm

The Rules:

http://www.co.pierce.wa.us/pc/services/recreate/fac-rules.htm

OTHER PARK RULES & REGULATIONS

Possession of alcoholic beverages is prohibited.
Loitering in vehicles is prohibited.
For safety, swim only in designated areas.
Please use trash receptacles.
No firearms, fireworks, or open fires.
Loud music is prohibited.
Drive carefully and cautiously and enjoy your visit.
No person shall camp in any park except in areas specifically designated and/or marked for that purpose.
Violations of any of the Park Code 36.68 can mean fines up to $1,000.00 and/or imprisonment of 90 days. Rewards of up to $300 may be given for information leading to the arrest and conviction of anyone vandalizing Pierce County property.

http://www.co.pierce.wa.us/xml/services/recreate/parkcode14-08.pdf

Cross-reference: Chapter 36.68 RCW
14.08.010 Title.
This Chapter shall constitute the Park Code of Pierce County and may be cited as such.
Conduct in all public parks shall be subject to all the general police regulations of this Code and not exclusively to the provisions of this Chapter. (Res. 18122 § 1; prior Code § 12.04.010)

14.08.020 Liberal Construction.
This Chapter is an exercise of the police power of the State of Washington, and of Pierce County, for the public peace, health, safety and welfare, and its provisions shall be liberally construed. (Res. 18122 § 1; prior Code § 12.04.020)

H. "Park" means and includes all parks, squares, drives, community centers, recreation
centers, meridians, trails, linear corridors, parkways, boulevards, golf courses, boat
launching ramps, zoos, beaches, playfields, and recreation areas and facilities comprising
the parks and recreation system of the County and under the management and control of
the Department.

I. Possess a firearm with a cartridge in any portion of the mechanism, or discharge across, in or into any park a firearm, air or gas weapon, or any device capable of injuring or killing any person or animal or damaging or destroying any public or private property;
J. Annoy, bother, molest, insult or offer an affront to any other person within a park;

Their Meeting Schedule: The website also has a means to submit discussion topics for the meetings electronically.

http://www.co.pierce.wa.us/pc/abtus/ourorg/parks/CAB-parks.htm#Meeting Schedule

I had posted this a long time ago. I never received a response to my emails.

http://forum.opencarry.org/forums/s...rs-Creek-Properties)&highlight=chambers+creek

[align=center]The park is located next to Chambers Bay Golf Course and you enter through the entrance to the golf course.
[/align][align=center]
[/align][align=center]So I decided to go down to the park tonight to finally take a picture of the sign that is posted there. (Actually, the picture of the sign is on the Pierce County Website... Saves me the trouble of uploading it...)

Welcome_Sign_WEB.jpg

[/align][align=center]http://www.co.pierce.wa.us/pc/abtus/ourorg/ccp/Rules.htm
[/align][align=center]
[/align][align=center] I am pretty sure the sign is BS and it's not going to stop anyone from carrying... :cool:

The Chambers Creek Properties are owned, operated and maintained by Pierce County's Departments of Public Works and Utilities and Parks and Recreations Services.
http://www.co.pierce.wa.us/pc/abtus/ourorg/ccp/faq.htm[/align][align=center]
[/align][align=center]So am I right that this sign is false and that we all can carry in this park?[/align][align=center]
[/align][align=center]Pierce County Parks & Recreation Services
9112 Lakewood Drive SW, Suite 121
Lakewood, WA 98499
(253) 798-4176[/align][align=center]Program Management
Joe Scorcio, Public Development Manager
9850 64th Street West
University Place, WA 98467
joseph.scorcio@co.pierce.wa.us
(253) 798-4050 [/align]
I know this thread is old, but this is more information on Pierce County Parks.

http://apps.leg.wa.gov/Rcw/default.aspx?cite=36.68.080
RCW 36.68.080
Penalty for violations of regulations.
(1) Except as otherwise provided in this section, any person violating any rules or regulations adopted by the board of county commissioners relating to parks, playgrounds, or other recreational facilities is guilty of a misdemeanor.

http://www.co.pierce.wa.us/pc/services/recreate/fac-rules.htm
OTHER PARK RULES & REGULATIONS
  • Possession of alcoholic beverages is prohibited.
  • Loitering in vehicles is prohibited.
  • For safety, swim only in designated areas.
  • Please use trash receptacles.
  • No firearms, fireworks, or open fires.
  • Loud music is prohibited.
  • Drive carefully and cautiously and enjoy your visit.
  • No person shall camp in any park except in areas specifically designated and/or marked for that purpose.
Violations of any of the Park Code 36.68 can mean fines up to $1,000.00 and/or imprisonment of 90 days. Rewards of up to $300 may be given for information leading to the arrest and conviction of anyone vandalizing Pierce County property.


Kent did not reply to my first message that I sent to him on the 12th of February 2010.

Today, I forwarded the message to Kent, four other people and the main parks email.



---------- Forwarded message ----------
From: xxxxxx
Date: Fri, Feb 12, 2010 at 10:44 PM
Subject: Central Meadow Park
To: kbasket@co.pierce.wa.us


Kent Basket,

I am sending you an email in response to the sign that is posted at the lower park area at Chambers Creek Properties.
I noticed that on the sign, there is a section that reads, "Fireworks and firearms are prohibited."

This is directly in violation of RCW 9.41.290, http://apps.leg.wa.gov/RCW/default.aspx?cite=9.41.290
The state of Washington hereby fully occupies and preempts the entire field of firearms regulation within the boundaries of the state, including the registration, licensing, possession, purchase, sale, acquisition, transfer, discharge, and transportation of firearms, or any other element relating to firearms or parts thereof, including ammunition and reloader components. Cities, towns, and counties or other municipalities 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 this chapter. Such local ordinances shall have the same penalty as provided for by state law. 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.
and RCW 9.41.300. http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.300
(2) Cities, towns, counties, and other municipalities may enact laws and ordinances:

(a) Restricting the discharge of firearms in any portion of their respective jurisdictions where there is a reasonable likelihood that humans, domestic animals, or property will be jeopardized. Such laws and ordinances shall not abridge the right of the individual guaranteed by Article I, section 24 of the state Constitution to bear arms in defense of self or others; and

(b) Restricting the possession of firearms in any stadium or convention center, operated by a city, town, county, or other municipality, except that such restrictions shall not apply to:

(i) Any pistol in the possession of a person licensed under RCW 9.41.070 or exempt from the licensing requirement by RCW 9.41.060; or

(ii) Any showing, demonstration, or lecture involving the exhibition of firearms.

(3)(a) Cities, towns, and counties may enact ordinances restricting the areas in their respective jurisdictions in which firearms may be sold, but, except as provided in (b) of this subsection, a business selling firearms may not be treated more restrictively than other businesses located within the same zone. An ordinance requiring the cessation of business within a zone shall not have a shorter grandfather period for businesses selling firearms than for any other businesses within the zone.

(b) Cities, towns, and counties may restrict the location of a business selling firearms to not less than five hundred feet from primary or secondary school grounds, if the business has a storefront, has hours during which it is open for business, and posts advertisements or signs observable to passersby that firearms are available for sale. A business selling firearms that exists as of the date a restriction is enacted under this subsection (3)(b) shall be grandfathered according to existing law.
http://www.piercecountywa.org/pc/abtus/ourorg/ccp/rules.htm

"Fireworks and firearms are prohibited"
Possession of alcoholic beverages is prohibited.
Loitering in vehicles is prohibited.
For safety, swim only in designated areas.
Please use trash receptacles.
No firearms, fireworks, or open fires.
Loud music is prohibited.
Drive carefully and cautiously and enjoy your visit.
No person shall camp in any park except in areas specifically designated and/or marked for that purpose.​
The sign that is posted on public park property, is in violation of state law. There are two pages on the pierce county parks website for rules at Chambers Creek Properties and all Pierce County Parks property. Both of these pages on the county website say that firearms are prohibited. The website needs to be updated to be in accordance with state law.

The sign that is posted at Chambers Creek Properties needs to be taken down and changed. This is a rule that, when seen by the average citizen, would expect that it is illegal for anyone that is armed to be there. This would waste 911 dispatcher's time, unable to take real emergency calls, and would cause unneeded police response to "man with a gun" calls, stopping them from responding to actual emergencies. Ultimately, if anyone were to be arrested for carrying a firearm on any of the public park properties in Pierce County, the taxpayers would be footing a bill for a lawsuit against the city and county, for violating a persons constitutionally granted right(s) and state law.

If there are more signs at other parks around Pierce County that read that firearms are prohibited, they need to be removed and changed ASAP.


If there is any confusion, you can refer to the recent lawsuit in Seattle over banning guns in public parks.

http://www.king5.com/news/local/Judges-ruling-ends-Seattles-gun-ban-84272067.html
and
http://www.examiner.com/x-4525-Seattle-Gun-Rights-Examiner~y2010m2d12-Judge-in-Seattle-case-Plaintiffs-have-right-to-carry-under-federal-state-constitutions


Please respond as soon as possible.

Thank you



xxxxxx
 

Lammo

Regular Member
Joined
Oct 15, 2009
Messages
580
Location
Spokane, Washington, USA
I searched for that for over an hour last night. I guess I didn't have the right key words in my search.

I had to try it about four different ways. "Compliance" finally did the trick but I still had to wade through a bunch. Hopefully the sticky gods will smile on us.
 

jt59

Regular Member
Joined
Jul 19, 2010
Messages
1,005
Location
Central South Sound
I've been to the mountaintop

Summited this weekend....Monday AM: Glorious!

Now that I'm back, I'll send an email as well....as this may be more of a political process, strategically, it may be worthwhile to have 5-10 of us that live in PC and use the parks systems to write to the parks commisioner.....and not be responded to.

Then get on their agenda (you can make the request online) for their next meeting and then show up and ask for speaker time and challenge them directly on their non-response.

maybe a few more should send an email and/or letter and just maybe we could get a response. Just an idea!!
 

Jayd1981

Regular Member
Joined
Mar 14, 2010
Messages
387
Location
Richland, Washington, USA
I wasn't getting any responses either from the West Richland Mayor or City Council either, until my State Senator contacted them on my behalf. Write your Senator and Representatives also.
 

jt59

Regular Member
Joined
Jul 19, 2010
Messages
1,005
Location
Central South Sound
If we're serious, let's continue to push back

This is a good idea too, but they are currently a little busy trying to get re-elected and likely won't respond in any version of (our) timely manner.

So, at this point, I also have written an e-mail to "Kent" as well, the current parks head honcho, calling out the limitation, requesting the signs be changed.

We need (to start) 3-4 others that would be willing to make the effort (or renew it) to make contact requesting the removal of the signs, but more importantly removal of the policy that got it on the signs in the firstplace.

If we don't get a response in 10 days, and determine that he's not on vacation, then we make a call, find out if the "volunteer" commission has any real weight to give guidance (sometimes these are just advisory boards) and then step up to the next pay grade....it may be contact to the County headman.

His address is: kbasket@co.pierce.wa.us

PM me for a cc of my letter if you need something to start with to draft your own.

I wasn't getting any responses either from the West Richland Mayor or City Council either, until my State Senator contacted them on my behalf. Write your Senator and Representatives also.
 
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gogodawgs

Campaign Veteran
Joined
Oct 25, 2009
Messages
5,669
Location
Federal Way, Washington, USA
I will be writing as well.

I already spoke in front of the County Council earlier this year on the proposed change of weapons policy at the courthouse and will be pushing this as well. I will contact the council as well. We have a good supporter in councilman Dick Muri who is running against Adam 'Pelosi' Smith for Congress.

This is a good idea too, but they are currently a little busy trying to get re-elected and likely won't respond in any version of (our) timely manner.

So, at this point, I also have written an e-mail to "Kent" as well, the current parks head honcho, calling out the limitation, requesting the signs be changed.

We need (to start) 3-4 others that would be willing to make the effort (or renew it) to make contact requesting the removal of the signs, but more importantly removal of the policy that got it on the signs in the firstplace.

If we don't get a response in 10 days, and determine that he's not on vacation, then we make a call, find out if the "volunteer" commission has any real weight to give guidance (sometimes these are just advisory boards) and then step up to the next pay grade....it may be contact to the County headman.

His address is: kbasket@co.pierce.wa.us

PM me for a cc of my letter if you need something to start with to draft your own.
 

jt59

Regular Member
Joined
Jul 19, 2010
Messages
1,005
Location
Central South Sound
Outstanding! Are there a couple of more folks on the forum that can step up? In the political process the squeaky wheel gets greased. Having enough people complain raises awareness to those in charge, discussion follows (education), then change.

At its heart this is only a legal question and one that has been clearly answered. The Pierce County Executive is married to a judge. I am wondering how this issues, dinner conversation goes: "Honey, I have a legal question regarding one of my underlings policy on county parks"....

I already spoke in front of the County Council earlier this year on the proposed change of weapons policy at the courthouse and will be pushing this as well. I will contact the council as well. We have a good supporter in councilman Dick Muri who is running against Adam 'Pelosi' Smith for Congress.
 
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