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Thread: Is this Ocean Shores code in line with State Preemption?

  1. #1
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    Is this Ocean Shores code in line with State Preemption?

    http://www.codepublishing.com/wa/oceanshores.html

    Particularly section I.

    8.36.010 Proclamation of civil emergency.

    Whenever riot, unlawful assembly, or insurrection, or the imminent threat thereof, occur in the city and result in, or threaten to result in, the death or injury of persons or the destruction of property to such extent as to require, in the judgment of the mayor, extraordinary measures to protect the public peace, safety and welfare, the mayor shall forthwith proclaim in writing the existence of a civil emergency. (Ord. 281 1 (part), 1979; Ord. 10 1 (part), 1970)
    8.36.020 Action which may be taken.

    Upon the proclamation of a civil emergency by the mayor, and during the existence of such civil emergency, the mayor may make and proclaim any or all of the following orders:

    A. An order imposing a general curfew applicable to the city as a whole, or to such geographical area or areas of the city and during such hours, as he deems necessary, and from time to time to modify the hours such curfew will be in effect and the area or areas to which it will apply;

    B. An order requiring any or all business establishments to close and remain closed until further order;

    C. An order requiring the closure of any or all bars, taverns, liquor stores, and other business establishments where alcoholic beverages are sold or otherwise dispensed; provided, that with respect to those business establishments which are not primarily devoted to the sale of alcoholic beverages and in which such alcoholic beverages may be removed or made secure from possible seizure by the public, the portions thereof utilized for the sale of items other than alcoholic beverages may, in the discretion of the mayor, be allowed to remain open;

    D. An order requiring the discontinuance of the sale, distribution or giving away of alcoholic beverages in any or all parts of the city;

    E. An order requiring the discontinuance of the sale, distribution or giving away of firearms and/or ammunition for firearms in any or all parts of the city;

    F. An order requiring the discontinuance of the sale, distribution or giving away of gasoline or other liquid flammable or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle;

    G. An order requiring the closure of any or all business establishments where firearms and/or ammunition for firearms are sold or otherwise dispensed; provided, that with respect to those business establishments which are not primarily devoted to the sale of firearms and/or ammunition and in which such firearms and/or ammunition may be removed or made secure from possible seizure by the public, the portions thereof utilized for the sale of items other than firearms and ammunition may, in the discretion of the mayor, be allowed to remain open;

    H. An order closing to the public any or all public places, including streets, alleys, public ways, schools, parks, beaches, amusement areas, and public buildings;

    I. An order prohibiting the carrying or possession of firearms or any instrument which is capable of producing bodily harm and which is carried or possessed with intent to use the same to cause such harm; provided, that any such order shall not apply to peace officers or military personnel engaged in the performance of their official duties;

    J. Such other orders as are imminently necessary for the protection of life and property; provided, however, that any such orders shall, at the earliest practicable time, be presented to the city council for ratification and confirmation, and if not so ratified and confirmed shall be void.

    (Ord. 281 1 (part), 1979; Ord. 10 1 (part), 1970)

  2. #2
    Regular Member amzbrady's Avatar
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    the only real emergency Ocean Shores has to worry about is a Tsunami. I've always said when I lived there if that were to happen it would be like God giving Washington a Douch, Afterall that towns council, is the towns period. They cause Cramps (in everyones style), bloating (of the city councils ignorance), and occasional bleeding (of the cities funds).
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    Regular Member amlevin's Avatar
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    As more and more of these "Ordinances" are presented here it is becoming clear that the municipalities are using "boilerplate" language in them. Most of the references pre-date Federal Law which prevents financial assistance to any entity that seizes firearms or bans their possession during a declared emergency.

    The reason a "State of Emergency" is declared is for purposes other than the obvious. It is declared so that the area becomes eligible for Federal Funds which will NOT be forthcoming if there is any ban on firearms or seizure.

    It's probably not a bad idea to call it to the attention of the "powers that be", and pointing out that they will be financially on their own if they enforce this language. Other than that it is for all practical purposes and unenforceable law and will be removed the next time the municipality conducts a code review.
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    Isn't it already unlawful to carry a firearm with intent on causing harm? I believe that call that a precipitory crime.
    "A fear of weapons is a sign of retarded sexual and emotional maturity."

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    yes it violates state law. redmond had a similar statue, and I worked w/ them to get it removed.

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    Quote Originally Posted by jddssc121 View Post
    yes it violates state law. redmond had a similar statue, and I worked w/ them to get it removed.
    Can you elaborate a bit more? Why is it illegal and what did you do to get it changed?

    I ask why it is illegal because, like I said in my previous post, it is, I believe, unlawful to carry a gun for that purpose under state law.
    "A fear of weapons is a sign of retarded sexual and emotional maturity."

    "though I walk through the valley in the shadow of death, I fear no evil, for I know that you are by my side" Glock 23:40

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    Regular Member sudden valley gunner's Avatar
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    Quote Originally Posted by jddssc121 View Post
    yes it violates state law. redmond had a similar statue, and I worked w/ them to get it removed.
    Are you the guy I met outside Sudden Valley Market?

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    Quote Originally Posted by amzbrady View Post
    the only real emergency Ocean Shores has to worry about is a Tsunami. I've always said when I lived there if that were to happen it would be like God giving Washington a Douch, Afterall that towns council, is the towns period. They cause Cramps (in everyones style), bloating (of the city councils ignorance), and occasional bleeding (of the cities funds).
    I have got to agree with you on this. Last year, myself and 5 friends, all in or 50's and 60's rode to Ocean Shores just two days before their tourist season officially opened. The police followed us all around town, dropping a car, then the next block would have another town car pick us up and follow us. None of us were violating any laws, and we certainly didn't look like outlaw bikers. We are mostly yuppie Harley riders. What was funny is that unknown to the local police, is that two of our group are police officers in a different jurisdiction. They both agree that the behaviour of the Ocean Shores police was uncalled for. The police never contacted us. They just shadowed our every move for 2 1/2 hours while visiting the town. This included our stopping for lunch and a cafe owner asking us why the police were sitting half a block away and watching us with binoculars. It was as if they were just waiting for a slip up so they could pounce. You can be assured that I will never spend my dollars there again, and I do tell as many people as possible about the police force there.

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