HomeMy WebLinkAbout3271L
ORDINANCE NO. �� 7
AN ORDINANCE of the City Council of the
City of Kent, Washington amending Section
9.02.104 of the Kent City Code relating to
the penalty for certain weapons violations.
WHEREAS, prior to the enactment of ordinance No. 3172,
which became effective June 21, 1994, a violation of Section
9.02.104 of the Kent City Code relating to weapons was a
misdemeanor.
WHEREAS, ordinance 3172 amended this Section of the
Code to make a violation of the provision a gross misdemeanor.
WHEREAS, additional language in this Section also
refers to a violation of the provision as a misdemeanor as
opposed to a gross misdemeanor, creating a potential conflict in
the penalty for a violation.
WHEREAS, the language in Section 9.02.104 should be
amended to remove the conflict and clarify that a violation is a
gross misdemeanor, consistent with state law, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 9.02.104, of the Kent City Code is
hereby amended to read as follows:
Sec. 9.02.104. Weapons apparently capable of producing bodily
harm, carrying, exhibiting, displaying or drawing
unlawful; penalty; exceptions.
A. It shall be unlawful for anyone to carry, exhibit, display
or draw any firearm, dagger, sword, knife or other cutting or
stabbing instrument, club or any other weapon apparently capable
of producing bodily harm in a manner, under circumstances, and at
a time and place that either manifests an intent to intimidate
another or that warrants alarm for the safety of other persons.
Any person violating the provisions of this subsection shall be
guilty of a fftigde teanar. A -,Aalatien ef tla etien siaai i ,
, uN vin
eenviet�an,gross misdemeanor.
B. Subsection A. of this section shall not apply to or affect
the following:
1. Any act committed by a person while in his place of
abode or fixed place of business;
2 ZU,,
2. Any person who by virtue of his office or public
employment is vested by law with a duty to preserve
public safety, maintain public order or make arrests
for offenses while in the performances of such duty;
3. Any person acting for the purpose of protecting himself
against the use of presently threatened unlawful force
by another or for the purpose of protecting another
against the use of such unlawful force by a third
person;
4. Any person making or assisting in making a lawful
arrest for the commission of a felony; or
5. Any person engaged in military activities sponsored by
the federal or state governments.
SECTION 2. Severability. If any section, sentence,
clause or phrase of this ordinance should be held to be invalid
or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity
or constitutionality of any other section, sentence, clause or
phrase of this ordinance.
SECTION 3. Effective Date. This ordinance shall
take effect and be in force thirty (30) days from and after its
passage, approval and publication as provided by law.
3
;ATTEST:
BRENDA JACOBEIjI, CITY CLERK
APPROVED AS TO FORM:
A. LUBOVICH, CITY ATTORNEY"
-�_
�� PASSED � � day of , 1995.
1
APPROVED day of r 1995.
PUBLISHED Lk day of 1995.
I hereby certify that this is a true copy of Ordinance
No. 3a71, passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as
hereon indicated.
4
i
t d� (SEAL)
BRENDA JACO ER, CITY CLERK