Loading...
HomeMy WebLinkAbout3568Ordinance No. 3568 ["Beginning July 1. 1998"] (Amending or Repealing Ordinances) Amends Ord. 3350;3407 Repealed by Ord. 3621 (Ch. 9.02) ORDINANCE NO. 35.6$ AN ORDINANCE of the City Council of the City of Kent, Washington, amending Ch. 9.02 of the Criminal Code and adding a new section, all relating to illegal use of non -incendiary devices. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 9.02.100 of the Kent City Code, entitled "Firearms, dangerous weapons and explosives," is hereby amended to read as follows: Sec. 9.02.100. Firearms, dangerous weapons and explosives. The following sections of Chapters 9.41, 9.91 and 70.74 RCW, with the exception of those provisions contained therein for which a violation constitutes a felony crime, are hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. A. RCW 9.41.010 Terms defined. B. RCW 9.41.050 Carrying firearms. C. RCW 9.41.060 Exceptions to restrictions on carrying firearms. 1 Title 9 Revisions (Firearms, Dangerous Weapons & Bombs) D. RCW 9.41.140 Alteration of identifying marks — Exceptions. E. RCW 9.41.230 Aiming or discharging firearms, dangerous weapons. F. RCW 9.41.240 Possession of pistol by person from eighteen to twenty-one. G. RCW 9.41.250 Dangerous weapons — Penalty. H. RCW 9.41.260 Dangerous exhibitions. I. RCW 9.41.270 Weapons apparently capable of producing bodily harm — Unlawfully carrying or handling — Penalty — Exceptions. J. RCW 9.41.280 Possessing dangerous weapons on school facilities — Penalty — Exceptions. K. RCW 9.41.300 Weapons prohibited in certain places — Local laws and ordinances — Exceptions — Penalty. L. RCW 9.41.8 10 Penalty. M. RCW 9.91.160 Personal protection spray devices. N. RCW 70.74. 010 Definitions. O. RCW 70.74.295 Abandonment of explosives. P. Q. RCW 70.74.300 RGW 20.74-310 Explosive containers to be marked — Penalty. Gas beffioTexplesives, sfii v bembs,om SECTION 2. The following new section, section 9.02.102, entitled "Non -incendiary devices" is hereby added to the Kent City Code: Sec. 9.02.101. Non -incendiary devices. A. For the purposes of this Chapter, a "non -incendiary device" shall include, without limitation, any stink bomb, stink paint, tear bomb, tear shell, explosive or flame -producing device, acid bomb, dry ice bomb or any other device, material, 2 Title 9 Revisions (Firearms, Dangerous Weapons & Bombs) chemical or substance, which, when exploded, opened, used or otherwise deployed does or will annoy, injure, endanger or inconvenience any person or persons. B. Any person who shall (1) deposit, leave, place, spray, scatter, spread, throw or otherwise deploy in any building, or any place, or (2) counsel, aid, assist, encourage, incite or direct any other person or persons to deposit, leave, place, spray, scatter, spread, throw or otherwise deploy in any building, or any place, or (3) have in his or her possession for the purpose of depositing, leaving, placing, spraying, scattering, spreading, throwing or otherwise deploying in any building, or any place, or (4) counsels, aids, assists, encourages, incites or directs any other person or persons to deposit, leave, place, spray, scatter, spread, throw or otherwise deploy in any building, or any place, any non -incendiary device shall be guilty of a gross misdemeanor. C. Anyone who enhances any non -incendiary device by adding either internally or externally any additional material that would create greater damage by becoming fragmentation or shrapnel will be subject to a mandatory minimum penalty of 90 days in jail, which cannot be served on work release or electronic home monitoring. D. This section shall not apply to persons in the military service or commissioned law enforcement officers actually engaged in the performance of his or her duty or training or in the course of any training acting pursuant to orders from competent authority nor shall this section apply to any property owner or person acting under his or her authority in providing protection against the commission of a felony. SECTION 3.. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. 3 Title 9 Revisions (Firearms, Dangerous Weapons & Bombs) SECTION 4. This Ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. J HTE, MAYOR ATTEST: BRENDA JACOBE CITY CLERK APPROVED AS TO FORM: LUBOVICH, CITY ATTORNE PASSED: day of , 2001 APPROVED:_ day of , 2001. PUBLISHED: /0 day of , 2001. I hereby certify that this is a true copy of Ordinance No. 3 56 r passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACO*A, CITY CLERK P \Civil\Ordinance\Trt1e3Revisions=FvearmsBornbs doc 4 Title 9 Revisions (Firearms, Dangerous Weapons & Bombs)