CHAPTER 9.12
WEAPONS

Sections:

9.12.010    Definitions.

9.12.020    Discharging gun within City limits.

9.12.025    Exemption for bird pest control.

9.12.028    Issuance of permit for bird pest control.

9.12.030    Violation – Penalty.

9.12.040    Exemption from state gun control laws.

9.12.010 Definitions.

As used in this chapter, the following terms are defined in this section:

The term "weapon" has its ordinary and accepted meaning as defined in Webster’s II New Riverside University Dictionary. The term "weapon" includes but is not limited to: slingshots, BB guns, rifles, pistols, shotguns and air guns, or as defined in RCW 9.41.250.

The term "bird pests" includes sparrows, starlings and pigeons. (Ord 99-50 §1: Ord 308 §1, 1959)

9.12.020 Discharging gun within City limits.

No one may use, operate or discharge any weapon within the corporate limits of the City or to use, operate or discharge any weapon in such a manner as to permit the object discharged therefrom to enter the corporate limits of the City while in flight. (Ord 99-50 §2: Ord 308 §2, 1959)

9.12.025 Exemption for bird pest control.

Businesses offering bird pest control services may be permitted to use, operate and discharge approved weapons under the following conditions:

1. The business is licensed by the state and bonded;

2. The business has a current permit issued under the authority of this chapter;

3. The business has a valid state license, if any, for the weapon at the time of obtaining the permit from the City; and

4. The business has a valid state license, if any, for the weapon at the time the weapon is discharged. (Ord 99-50 §3)

9.12.028 Issuance of permit for bird pest control.

The Chief of Police shall issue a permit to a business conducting bird pest-control for the discharge of a weapon upon satisfaction of the following:

1. The business completes the City’s permit application;

2. With the application, the business includes a schedule of the times that the weapon will be used for the bird pest control, and the schedule will not infringe on the safety of the City’s citizens;

3. With the application, the business includes a list of all weapons, including the caliber, to be used in performing the bird pest control services, and the list includes only weapons appropriate for the destruction of the bird pests;

4. With the application, the business includes a list of alternative methods used for the bird pest control in the past;

5. The business pays the application fee; and

6. The business provides proof of insurance in an amount to indemnify the City as established by the City’s insurance agent. (Ord 99-50 §4)

9.12.030 Violation – Penalty.

A. Any person violating any of the provisions of this chapter shall be deemed to have committed a civil infraction and shall be punished as provided in Section 1.01.110.(A) In addition thereto the weapon so used by the person violating this chapter shall be impounded until the violation alleged shall have been disposed of by dismissal or a finding that it was committed.

B. Review and Issuance. The Chief of Police shall review the application and issue a permit, or issue a denial of the permit within fifteen business days after application therefor. In issuing a permit, the Chief of Police may impose such conditions as he finds necessary to adequately protect the public health, safety and general welfare, directing the attendance of one or more Police Officers, as set out in section.

C. Contents. The permit shall state on its face the date for which it is issued and shall expire at 2:00 a.m. of the day following the date for which it is issued. The permit shall be conspicuously posted on the premises where the dance will take place.

D. Denial. The Chief of Police shall deny an application for a permit if one or more of the following conditions exist:

1. The applicant is not in compliance with any state, county or City law or ordinance applicable to the premises or the operator;

2. The applicant or any of the applicant’s officers, directors, partners, operators, employees or any other person involved in the operation of a dance held for teens has:

i. Committed any act, which, if committed by a licensee, would be grounds for the suspension or revocation of a permit;

ii. Been convicted within the last five years of:

(a) A felony involving a crime of violence upon a juvenile;

(b) Crime involving prostitution, promoting prostitution, prostitution loitering or lewd conduct, or assault on a juvenile.

3. Within the last two years the applicant has been refused a license or had a license revoked under the provisions of this chapter. (Ord 99-52 §5; Ord 99-50 §2; Ord 648 §1, 1983: Ord 308 §3, 1959) (Changes were made during codification for hyperlinking)

9.12.040 Exemption from state gun control laws.

Pursuant to the authority granted by RCW 9.41.050(6) the prohibitions contained in RCW 9.41.050(4) shall not apply within the corporate limits of the City. (Ord 94-23 §1)