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Thread: Lake Stevens outdated Code

  1. #1
    Regular Member jbone's Avatar
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    Lake Stevens outdated Code

    Anyone ever hit Lake Stevens up on these two Ordinances contained in their outdated Municipal Code?

    http://www.codepublishing.com/WA/LakeStevens/
    9.48.030 Weapons prohibited on liquor sale premises.
    1. 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.
    2. The provisions of subsection (a) of this section shall 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.
    3. Upon conviction, the weapon or instrument involved may be confiscated by order of the court and shall thereafter be disposed of in accordance with statutes or ordinances governing the disposal of confiscated or found property.
    9.48.040 Firearms prohibited in certain places; exceptions; penalty.
    1. 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:
    2. The provisions of this section do not apply to:
    (a) Law enforcement personnel; or
    (b) Security personnel while engaged in official duties.
    3. Any person violating this section is guilty of a misdemeanor.

  2. #2
    Regular Member sudden valley gunner's Avatar
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    Another project Jeff?

    Pre-empted all the way.
    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)

  3. #3
    Regular Member amlevin's Avatar
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    Enacted in 1994. Definitely preempted. Time for the City to revise.
    "If I shoot all the ammo I am carrying I either won't need anymore or more won't help"

    "If you refuse to stand up for others now, who will stand up for you when your time comes?"

  4. #4
    Regular Member jbone's Avatar
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    Wasn't my intention, not really any extra time until mid May when classes end, and all I have is work.
    Strange! It seems there was a day when you posted code problems and it generated a whirlwind of interest, plenty of discussion generated and those wanting to take it on coming out of the woodwork. That was my reason for presenting hoping someone with the time may be able to tackle. Is the forum atmosphere, reason for being changing?

    I suppose I can get an email off, it looks like much of the same issue we had In Arlington, and other cities and towns; they never got around to updating after preemption, or they figured no-one would notice.

  5. #5
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    Following E-Mail sent...

    Jan Berg
    City Administrator

    It has come to my attention that the City of Lake Stevens is in conflict with Wa. State law.

    Enforcement of these codes, as written, can and would have a serious effect upon the City of Lake Stevens, particularly in the financial arena.

    I respectfully request directing your attention to the correction and becoming compliant with state law.

    In particular are 9.48.030 Weapons prohibited on liquor sale premises.
    1. 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.
    2. The provisions of subsection (a) of this section shall 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.
    3. Upon conviction, the weapon or instrument involved may be confiscated by order of the court and shall thereafter be disposed of in accordance with statutes or ordinances governing the disposal of confiscated or found property.
    9.48.040 Firearms prohibited in certain places; exceptions; penalty.
    1. 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:
    2. The provisions of this section do not apply to:
    (a) Law enforcement personnel; or
    (b) Security personnel while engaged in official duties.
    3. Any person violating this section is guilty of a misdemeanor.


    RCW 9.41.290 (State Preemption) States in part...

    ...Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to firearms that are specifically authorized 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.

    RC 9.41.300 Weapons prohibited in certain places, lists the specific areas where weapons are prohibited. This is a very long list, and I prefer to not list all the restrictions this being said, your city council and chambers are not restricted areas.

    contact information:
    Jan Berg
    City Hall
    1812 Main St
    P.O. box 257
    Lake Stevens, Wa. 98258

    jberg@ci.lake-stevens.wa.us
    425-377-3230
    Will post her reply, if any.

  6. #6
    Regular Member jbone's Avatar
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    Thank you Trigger Dr.

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    Yes very commendable, we all appreciate the little extra work you put in.

  8. #8
    Regular Member jbone's Avatar
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    Any luck with a reply from Lake Stevens Trigger Dr?

  9. #9
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    Quote Originally Posted by YoungSoldier View Post
    Yes very commendable, we all appreciate the little extra work you put in.
    Nothing yet, but I will hit them again.

  10. #10
    Regular Member amlevin's Avatar
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    Quote Originally Posted by Trigger Dr View Post
    Nothing yet, but I will hit them again.
    Maybe they have the same e-mail policy as Marysville where they don't respond to e-mails.
    "If I shoot all the ammo I am carrying I either won't need anymore or more won't help"

    "If you refuse to stand up for others now, who will stand up for you when your time comes?"

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