HomeMy WebLinkAbout3215Ordinance No. 3215
["Beginning July 1, 1998"]
(Amending or Repealing Ordinances)
Repealed by Ord. 3405
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ORDINANCE NO.
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AN ORDINANCE of the City Council of the
City of Kent, Washington, adding a new
chapter to the Kent City Code, Chapter 9.05,
relating to the disposal of forfeited
firearms.
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WHEREAS, the state legislature passed legislation
{ amending RCW Chapter 9.41 relating to the disposal of forfeited
firearms; and
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WHEREAS, said legislation, as codified in RCW
j 9.41.098(2), provides that firearms coming into the possession of
j the police department after June 30, 1993 that are judicially
s forfeited and no longer needed for evidence, or that are
i forfeited due to a failure to make a claim, may be disposed of in
a manner determined by the local legislature; and
WHEREAS, subject to certain restrictions, forfeited
firearms may be retained for police department use or auctioned
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or traded with the proceeds being retained by the City of Kent;
and
WHEREAS, the City Council desires to provide for
ii disposal of forfeited firearms pursuant to RCW Chapter 9.41; NOW,j
THEREFORE,
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THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. There is hereby created a new chapter of
the Kent City Code, Chapter 9.05, entitled "Disposal of Forfeited,
Firearms", as follows:
CHAPTER 9.05. DISPOSAL OF FORFEITED FIREARMS
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Sec. 9.05.010.
Except as provided in Sections 9.05.020 and 9.05.030 of!
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h this chapter, all firearms that come into the possession of the
Kent Police Department after June 30, 1993 that are either
judicially forfeited under RCW 9.41.098 and no longer needed for
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evidence, or forfeited due to a failure to make a claim under RCW
63.32.010 or RCW 63.40.010, may be disposed of by the Kent Police
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Department, in its discretion, as follows:
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1. Retained for agency use;
2. Traded to commercial sellers;
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3. Auctioned to commercial sellers;
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4. Destroyed.
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Sec. 9.05.020.
All firearms that are "antiques" as defined by RCW
9.41.150, or recognized as curios, relics, and firearms of
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H particular historical significance by the Bureau of Alcohol,
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Tobacco and Firearms shall not be retained for agency use or
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destroyed.
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Sec. 9.05.030.
All firearms that are illegal to possess, as defined in
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i' Section 9.05.040 below, shall be destroyed, and shall not be
retained, traded or auctioned. If firearms otherwise illegal to
(� possess may be rendered legal to possess by removal or alteration,
of component parts, the Kent Police Department may, in its
discretion, effect such removal or alteration, and may thereafter!
dispose of the firearm under Section 9.05.010 above.
Sec. 9.05.040.
"Firearms that are illegal to possess" means firearms
that are illegal to possess as a private citizen under state or
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!! federal law.
Sec. 9.05.050.
Any proceeds from the trade or auction of firearms
shall be deposited in the City's General Fund and dedicated for
law enforcement.
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!I SECTION 2. Severability. If any section, sentence,
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;j clause or phrase of this ordinance should be held to be invalid
a or unconstitutional by a court of competent jurisdiction, such
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invalidity or unconstitutionality shall not affect the validity
or constitutionality of any other section, sentence, clause or
phrase of this ordinance. Any ordinance or regulation in
II conflict with this ordinance is hereby repealed.
SECTION 3. Effective Date. This ordinance shall take
effect and be in force thirty (3o) days from and after its
passage, approval and publication as provided by law.
ATTEST:
BRENDA JACOBE ITY CLERK
APPROVED AS TO FORM:
ROGER" LUBOV�ICH, CITY ATTORNEY
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PASSED % day of
MGzc/v
1995.
�( C 1995 .
! APPROVED v day of
i PUBLISHED day of / �� `� , 1995.
I hereby certify that this is a true copy of Ordinance
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No. 3��-� passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as
j hereon indicated.
firearms.ord
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Ze�_d1-ecJ Ct. G� (SEAL)
BRENDA JACOB CITY CLERK
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