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HomeMy WebLinkAbout0726 Ord (Regulating the Possession and Discharge of Weapons) ORDINANCE NO. 726 AN ORDINANCE AMENDING THE CITY CODE BY ENACTING A PROVISION REGULATING THE POSSESSION AND DISCHARGE OF WEAPONS The City Council of the City of Stillwater does ordain: 1. The Stillwater City Code is hereby amended by adding Section ~1:'h3 that shall hereafter read as follows: Sa ~~ 3 "Section ~-1-; t3~~~b3 Subdivision 1. DEFINITIONS. • A. "Weapon" means any gun, pistol, revolver, wrist rocket, sling-shot, sand club, metal knuckles, dagger, dirk, bowie knife, razor, air rifle, air gun, B-B gun, spring gun, stun gun, nun chaku, throwing stars, bow and arrow, switch blade, firearm or any similar device for the propulsion of shot or other metal pellet by whatever means, and any other dangerous or deadly weapon or instrument. "Person'' means any person, firm, partnership or corporation. B. A weapon is "concealed" within the meaning of this ordinance whenever the fact that a person is carrying a weapon is not readily ascertainable upon observing the person. Subd. 2. UNLAWFUL ACTS. Except as otherwise provided herein, it shall be unlawful for any person: A. To fire, discharge, release, throw or in any other manner propel a weapon within the City of Stillwater. B. To wear under one's clothes or conceal about one's person any weapon, or to carry a loaded weapon in any bag, sack, box, knapsack, purse, or other such carrying device. which hides the presence of the weapon. C. To wear or carry a loaded weapon. for hunting or other purposes in the City of Stillwater. Subd. 3. SEIZURE, CONFISCATION, PENALTY. A. If any police officer personally observes conduct in violation of Subdivision (2), the weapon may be immediately seized and held in the custody of the City Police Department pending appropriate court action. B. If the court determines a violation of Subdivision (2) has occurred, the weapon involved in such violation shall be forfeited to and confiscated by the City of Stillwater. C. In addition to any confiscation and forfeiture under Paragraph B above, violation of this ordinance shall be a misdemeanor and result in a fine not to exceed $700.00 or imprisonment not to exceed ninety (90) days, or both. Subd. 4. EXCEPTIONS. The prohibitions of this ordinance shall not apply to: A. POLICE OFFICERS. Duly authorized police officers of the City, when in the course and scope of their duties, nor to any officer of any court whose duty shall be to serve warrants or to make arrests, nor to persons who shall have obtained from the Stillwater Police Department or some other appropriate law enforcement agency, a license or permit to handle or have in his or her possession or control any weapon. B. ENCASED WEAPONS. Persons in possession of any weapon that is unloaded and properly encased and/or is being stored, transported or displayed within a residence. C. BOWS AND ARROWS. Persons in possession or Control of bows and arrows while engaged in instructional programs on archery ranges supervised by Independent School District 834. D. SALE IN REGULAR COURSE OF BUSINESS. Persons in possession or control of any weapon for the purpose of the sale of the weapon as long as the sale is in the regular course of the person's lawfully authorized business. E. LICENSED PERSONS. Persons licensed pursuant to State or Federal law, as long as the activity or conduct is permitted by the license. F. TARGET RANGES. Target Ranges lawfully authorized by the City Council or the County, State or Federal Government." 2. In all other ways, the City Code shall remain in full force and effect. 3. This Ordinance shall be in full force and effect from and after its pass~ag~e and publication according to law. Dated this day of June, 990. Wally Ab ahamson, Mayor Attest: Mary Lo Johnson Clerk • Publish.: June 28, 190 Affidavit of Publtcatlon THE COURIER STATE OF MINNESOTA j 1 ~• COUNTY OF WASHINGTON ) Robert Liberty, being duly sworn, on oath says that he is the pubiisher or authorized agent and employee of the publisher of tFie newspaper known as The Courier, and has full knowiedge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07, and other applicable laws, as amended. Ordinance No. 726 (B) The printed-----°-------------°--•-----°-----------.. which is attached was cut from the columns of said newspaper, and was prtnted end published once each week, for------ ~----------successive weeks; it was first published on-'1'~1UY'SCla~ _ the _2$tYl day ot -+z~~----, 19--~~--, and was thereafter printed and published on every-=------------------to and indudirtl The----------•-day of -------------------, 1g---------; end printed below is a copy of the lower case alphabet from A to Z, both Indusive, which Is hereby acknowledged as 6eing the size and kind of type used In the composition and publication of th no ce: abodetghijklmnopgrstuvwxyz BY: -- - - -..~ --. TtilE: Publisher Subs ribed and sworn to belore me on this ~------day of----- -- ------------°----, t g-~~ II~tAAAAAAAAAAAAAAAA -"r LISA M. LIt3ER1Y Notary f ublic - Minnesota ~t` 4~ ~* Washitaton County :~,,. - - ~----(1(~ ~--~ --q - - My CDmmissiort Expires 5/2pi > Notary Public. " . \ - '-'-- V\I'VVWV'YYVYYY~"@dV"~!'V RATE NVFORMATION (1) Lowest dassified rate paid by com- merdal users for comparable space, s--------~ ~ =--~~ (Line, word. a ktdt rate) (2) Maximum rate allowed bylaw for the L1/ _ above matter a.._-_.- Sp (3) Rate actually charged for the above (LF.te, word, a trtdt rate) matter g__ ~'L~.:_~2 (line, word. ar ince rate) Received Payment----------------------- tg--------- The Courier Br-...--------•----------------------------- ~j NM Ti4y F ~~R't~R •.OttttlINAN[`~ loll ~~ ~ ~t>~-E1j1~' ~~ tiltwattt' d~M~~ Oq_ ~c'dt~, ~ ,~-, rte-vatter r~atol'rm foikttlvt~' ' - ;,'' c ` •.,,:': ~"8ectiort 51.13 Subdivision 1: f]FKMStfI'tbNS A. "1Meapon` means any gun, pistol, Re- voiver, wrist rocket, atirtg,ratwt, sand tit~~l knuckles,. ~ . zor, ak n`fle, Bar gun, i3 gvn. g~ t guru non ~ ~'#, row. swlufi bPade, 6rearnt or ark for the proputatlmtr of stint cn' atffittr by whtditavgr~tpprrtt, and aanrtyy otttAr or deadiy w6aport br' irtstrumt~ttta n's6arteanY°it~''rsbr-. ~1tt, (-$rgt8rsh€(-'o+'o rati0tt ' B.: A weapctit •a 'taorla~ id~Eti mestrtirKi,ol ~s brdtt'rtiurcp' -' , chat t# persat It ci~ryi0~it~~ ~ rtot readiy b~ t ~ ~ son. 3uKd 'c'~ fA~lt e ~ A '~' ~ jp1 otherwise ~ het~° tt ~ u for tiny pe/sort: City of StiAwater. ' _~_. _ -~ ,.„` 8. 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