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Manito Park OC

fhsantos

Regular Member
Joined
Sep 18, 2011
Messages
42
Location
Spokane
First encounter at Manito Park, had a different one at the Spokanimal Park. I've read the RCW, still not used to just blowing someone off for trying to talk to me tho. I'm not good looking, but I probably do stand out a it. I'm not exactly an average size guy & neither are my dogs. Gogodawgs I apologize for acting ignorant, I understand you're all just trying to give advice for encounters but over the web it makes it a bit difficult to understand where you're all comin from. Thanks guys, I'll keep you updated on any replies I recieve.
 

amzbrady

Regular Member
Joined
Mar 1, 2009
Messages
3,521
Location
Marysville, Washington, USA
Having done work like this in the distant past, as well as having hired people to do similar work, it is very likely that he has been told to "Report" any infractions and to avoid any confrontations with park visitors. Unfortunately, some people, when put in a uniform often feel empowered way beyond their authority or ability (intelligence).

Also, anyone who carries a firearm would be well served if they took time to read RCW 9.41 in its entirety. The Statute is not that long and it covers pretty much all aspects of carrying a firearm in Washington.

If YOU had, you would have clearly know that the State has preempted ALL local regulation of firearms (with only specific exceptions).

If you haven't read it yet, it might be a good idea. Can help one avoid situations far more serious than the one you encountered.

Esp security guards. They seem to think they are empowered with LEO authority and priviledges. Those Security on private property are backed by being a custodian of the the property owners. Those on public property are just another citizen in a labled shirt. I saw this video and dont know why he didnt have every security person that touched him arrested for assault. Had he been open carry I bet this would have played out differently.


http://www.youtube.com/watch?v=ZaS0DeuySNg&feature=related
 
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hermannr

Regular Member
Joined
Mar 24, 2011
Messages
2,327
Location
Okanogan Highland
First encounter at Manito Park, had a different one at the Spokanimal Park. I've read the RCW, still not used to just blowing someone off for trying to talk to me tho. I'm not good looking, but I probably do stand out a it. I'm not exactly an average size guy & neither are my dogs. Gogodawgs I apologize for acting ignorant, I understand you're all just trying to give advice for encounters but over the web it makes it a bit difficult to understand where you're all comin from. Thanks guys, I'll keep you updated on any replies I recieve.

I have been to those botanical gardens once, had no problems. Normally we try to stay out of Spokane but wife had to go to a Neurologist and I always give myself extra time when we have to drive 150+ miles.

Anyway, if a groundskeeper would have said anything to me I would have asked him to show me this RCW he thinks would prevent my walking in the park with my carry.

No confrontation, just "you said RCW, so now put up, let's see this RCW." I might of added that I had a Dr.'s appointment in an hour, so that is how much time he as to produce same...I may have even offered to go to my car and get the F&W firearms bulletin so he could read all the RCW's that pertain to the carry of Firearms in the state.

There is no way he could have produced an RCW that says you cannot carry in the park. Why?

Two reasons, RCW's do not address city parks, anywhere. That is a local thing, not a state thing. And the RCW's that address local governments tell them that they can only set firearm discharge restrictions on weapons carried within their cities, not where weapons can be carried, or not.

If you go to that park again, I would, I would find that particular grounds keeper and have the F&W bulletin, and educate the guy...might even ask if he just moved up from California.
 
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fhsantos

Regular Member
Joined
Sep 18, 2011
Messages
42
Location
Spokane
So you can't control your dogs?

Never said that, they're stonger than they look being pull dogs. My full grown male tows 8200 lbs on a dog pull sled, my pup is learning to be more trustful of individuals. Come see my dogs, then make a judgement call. Good dogs, just understand that no one should be in my bubble.
 

amzbrady

Regular Member
Joined
Mar 1, 2009
Messages
3,521
Location
Marysville, Washington, USA
Hey is that the park with the merry go round and the steps to the river with ducks? We visited the park in spokane a while back and the cops were riding bicycles. We were limited on time, and wanted to walk more of it. we were only there about a half an hour, didnt have any problems and it Seems like a nice place.
 

fhsantos

Regular Member
Joined
Sep 18, 2011
Messages
42
Location
Spokane
That's Riverfront Park, ran by the same people I believe. I've OC'ed at several Spokane parks with no problems, curious people who wanted to know how it worked. My biggest concern was how this guy seemed to know about our OC event here, & why someone would make it out as tho we were all criminals for what we had done.
 

deanf

Regular Member
Joined
Feb 25, 2007
Messages
1,789
Location
N47º 12’ x W122º 10’
Good dogs, just understand that no one should be in my bubble.

I have no problem with that, but it should be your decision who is ejected from your bubble, not the dogs'. I don't care how much they pull or any of the other particulars. You are implying that they are borderline uncontrollable, and further implying that should something happen, it might not be your fault.
 

fhsantos

Regular Member
Joined
Sep 18, 2011
Messages
42
Location
Spokane
Incorrect, that's how you read it. Not how I implied it, never said they tugged their leashes did I? Nope, simply said they would take a chunk out of him. They know my limitations, if I don't want them there they will know. We went to the OC event at this park, no one had any issues with my animals there EVEN though my male is terrified of guns. He over stepped my boundries, like good dogs they warned him. If they were uncontrollable animals I'm sure there'd be nothing I can do to stop him from attacking. Pretty sure I stated he pulled 8200 on a pull dog sled, I know I can't stop that. You must be able to tho huh.
 

deanf

Regular Member
Joined
Feb 25, 2007
Messages
1,789
Location
N47º 12’ x W122º 10’
Nope, simply said they would take a chunk out of him.

Only if you let them. Again you imply that you cannot control them. Either that or you condone violence as a response to a verbal disagreement, and would allow them to bite. Very passive-aggressive of you.

Pretty sure I stated he pulled 8200 on a pull dog sled, I know I can't stop that. You must be able to tho huh.

If the animals know who's boss, it's not a problem.

You a new dog owner?
 

fhsantos

Regular Member
Joined
Sep 18, 2011
Messages
42
Location
Spokane
Dogs have always been a part of my life, train with them all the time (especially now being unemployed). You're right, if he had not stepped back after being asked I would have given my dog the voice command to become vocal, after not removing himself from the situation next would be the force removal command. They're well trained, to my specifications & not to anyone elses. Are the mean? Far from being aggressive, my 2 yr old 35 lb son walks my 110 lb dog on almost a daily basis. Around other children, dogs, adults, through stores, etc. Being prep'ed to recieve a command does not being uncontrolled. Uncontrolled would be a pull on their leach, becoming vocal without being told to do so. Had I stayed the dogs would feel as tho to always watch out, if the groundskeeper were to follow me around the park without me noticing they would notice. They would warn me, then the verbal arguement would start all over again. No reason to stay somewhere if they are going to stress my animals out (they're like my kids.) Feel how you please, you'll never know unless you were there. Never know unless you meet them in person. Internet is full of words & pictures, that's it.
 

fire suppressor

Regular Member
Joined
Jul 13, 2008
Messages
870
Location
Kitsap County
This is not a state RCW but I also like to quote the Washington State Constitution

DECLARATION OF RIGHTS

ARTICLE 1 SECTION 24 RIGHT TO BEAR ARMS

The right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain or employ an armed body of men
 

fhsantos

Regular Member
Joined
Sep 18, 2011
Messages
42
Location
Spokane
Just recieved a response this morning

Frank,



I am copying my response to Tony Madunich, Park Operations Division Head. He will be able to provide the details you are requesting. In the mean time, I did locate the City’s Parks rules on our website: http://spokaneparks.org/Parks/page/96/.



Thank you for your interest in our City’s Parks.



Regards,

Rule numer 7 states no weapon of any kind allowed in the park. So now what should my response be?

VIOLATION OF PARK RULES IS A MISDEMEANOR SMC 10.10.040

10.10.040

SPOKANE MUNICIPAL CODE

Codified through Ordinance C34697, passed April 4, 2011

Disclaimer: The City Clerk's Office has the official version of the City of Spokane Municipal Code. Users should contact the City Clerk's Office at (509) 625-6350 for ordinances passed subsequent to the ordinance cited above.



Title 10 Regulation of Activities

Division I. Penal Code

Chapter 10.10 Offenses Against Peace and Order
Section 10.10.040 Public Park


A.No person may violate such rules and regulations as may from time to time be promulgated by the park board or the director of parks and recreation pursuant to and in supplementation of the City Charter and this code.

B.
Except when done in places designated and in the manner prescribed by rule, regulation or special permission of the park board or department, no person may:
1.
solicit donations or collections, such as for entertainment by strolling musicians or other performers, or peddle or hawk any goods or services;

2.
operate any public address or loudspeaker system, or operate any radio or other electronic audio device in such a manner that the device makes extreme noise which offends the common sensibilities and senses of others;

3.
ride, drive or park any vehicle or animal except along designated drives, ways, boulevards or paths; or

4.
move at a speed in excess of fifteen miles per hour unless otherwise posted; or

5.
otherwise operate or drive any vehicle or mobile device, including bicycles, skateboards and roller skates, in a manner which is likely to endanger persons and/or property; or

6.
ride or drive a vehicle at a speed in excess of five miles per hour in Riverfront Park; or

7.
ride or drive any motorized vehicle on the grass; or

8.
park outside designated parking areas;

9.play or practice any game or activity, such as golf, hacky-sack or baseball, involving running or the throwing or hitting of a ball or other missile when and where such activity is or is likely to be dangerous to others or upon drives, ways, boulevards or paths.


C.No person may allow any animal to run at large in any park or enter any pond, pool, fountain or stream thereof.

D.No person may possess or consume in any park any liquor, except as specifically authorized by law.

E.No person may operate any type of watercraft in or upon water within or bordering any park.

F.
No person may in any park:
1.
possess any dangerous weapon as defined in chapter 9.41 RCW, unless authorized by park department rule, regulation or special permission of the park board, park department or police department; or

2.shoot, fire or explode any firearm, fireworks, explosive, bow and arrow, slingshot or other weapon, toy or real, which discharges a pellet or other object with harmful force.


G.No person may camp in any park except at places set aside for such purposes by the park board and designated by signs, or by special permission of the department.

H.Where the park board has provided for the collection of fees, rents or charges for the use of park facilities, including municipal golf courses, no person may enter upon or use such park facilities without paying such required fees, rents or charges.

I.
All City parks shall be closed from eleven p.m. to four a.m., Pacific Daylight Time, or ten p.m. to five a.m., Pacific Standard Time, except Riverfront Park, which shall close at midnight throughout the year.
1.No person may be in a City park during the hours of closure without the express permission of the park board or the director of parks and recreation.


J.No person may build a fire except in designated fireplaces and park-supplied barbecue pits.

K.No person may disturb or attack any wildlife in any park.

L.No person may dig holes in any park or cut or trim park trees or landscaping.

M.Swimming pools, wading pools, softball diamonds and basketball courts may be used only during hours designated by the park board.


Date Passed: Monday, June 4, 2007

Effective Date: Wednesday, July 11, 2007

Recodification ORD C34041 Section 1
 
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deanf

Regular Member
Joined
Feb 25, 2007
Messages
1,789
Location
N47º 12’ x W122º 10’
VIOLATION OF PARK RULES IS A MISDEMEANOR SMC 10.10.040

That they have made violations of park rules a crime is very significant. It means that there is no possible way they can counter your preemption argument. There will be none of the ambiguity of the "administrative rules" argument.

Because the rules are criminal code, any of them pertaining to guns are 100% invalid and have no force of law.

My approach would be a very simple explanation of the Washington preemption law, with advice to them that city staff seek to have the city council change the rules to comport with state law, and further advice that you will continue to carry in Spokane parks in whatever legal manner you see fit.
 

fhsantos

Regular Member
Joined
Sep 18, 2011
Messages
42
Location
Spokane
Mr. Santos,



The restriction is actually a City Ordinance. Section 10.10.040 (F) of the Spokane Municipal Code states: “No person may in any park possess any dangerous weapon as defined in chapter 9.41 RCW …”




Tony Madunich

Park Operations Division Manager



2304 E Mallon

Spokane, WA 99202



509-363-5458 office

509-363-5454 fax

tmadunich@spokanecity.org

Mr. Madunich is the person who will be responding to me from now on I guess. Here was his response to my original email. I informed him of Washington State's Preemption stating that local laws or odinances more restrictive than state are not allowed. Also informed him that there are many of us who will still carry legally in Spokane parks.
 

Bill Starks

State Researcher
Joined
Dec 27, 2007
Messages
4,304
Location
Nortonville, KY, USA
Don't forget Chan v Seattle
http://www.2ndamendmentcourtcases.com/?page_id=89

Lawsuit against the City of Seattle’s attempted ban on all firearms in any public park. This ban was found to violate State law and was overturned.
The attempted ban violated Washington State’s preemption statute where all such legislation must be approved by the Washington State Legislature.
 
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BobR

Regular Member
Joined
Jun 12, 2007
Messages
391
Location
West Plains, ,
I, for one, can't believe we are having to go through this again. fhantos, if you need any sugestions or help with writing responses, let me know, but it seems like you have it covered.

bob
 
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