Ordinance 09-041 Amending Park Regulations: Firearm Restrictions CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO.09-041
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, AMENDING SECTIONS 6.05.090 AND 8.45.010 OF THE SPOKANE
VALLEY MUNICIPAL CODE RELATING TO FIREARM RESTRICTIONS.
WHEREAS, RCW Chapter 9.41 (The Washington Uniform Firearms Act) preempts city laws
and ordinances regarding firearm possession and discharge; and
WHEREAS, RCW 9.41.300(2)(6) allows cities to enact laws and ordinances restricting firearm
possession only in city-operated stadiums or convention centers; and
WHEREAS, the City of Spokane Valley previously adopted Spokane Valley Municipal Code
6.05.090, prohibiting the possession of firearms in City parks and facilities; and
WHEREAS, RCW 9.41.300(2)(a) further allows cities to enact laws and ordinances restricting
firearm discharge only "where there is a reasonable likelihood that humans, domestic animals, or property
will be jeopardized"; and
WHEREAS, RCW 9.41.300(2)b) further allows restricting the possession of firearms in any
stadium or convention center with certain limitations; and
WHEREAS, the City of Spokane Valley previously adopted Spokane Valley Municipal Code
8.45.010, regulating the discharge of firearms within the City.
NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington ordains as
follows:
Section 1. Amendment. Spokane Valley Municipal Code section 6.05.090 is hereby
amended as set forth below.
6.05.090 Rules governing use of City parks and facilities— Violation a misdemeanor.
G. Firearms, Weapons.
(1)No person except duly authorized law enforcement personnel shall possess a bow and
arrow, crossbow, or air or gas weapon in a City park or facility. No person shall
discharge across, in, or onto any facility a firearm, bow and arrow, crossbow, air or gas
weapon, or any device capable of injuring or killing any person or animal, or damaging
or destroying any public or private property. This subsection shall not apply where the
department issued a special event permit for such activity.
(2) Possession of firearms in any stadium or convention center, operated by the city,
county,or other municipality;except that such restrictions shall not apply to:
(i) Any pistol in the possession of a person licensed under RCW 9.41.070 or
exempt from the licensing requirement by RCW 9.41.060; or
(ii) Any showing, demonstration, or lecture involving the exhibition of
firearms.
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Section 2. Remainder of SVMC 6.05 Unchanged. The remaining provisions of SVMC 6.05
are unchanged by this amendment.
Section 3. Amendment. Spokane Valley Municipal Code section 8.45.010 is hereby
amended as set forth below.
8.45.010 Discharge offirearms prohibited.
A. Any person who knowingly discharges a firearm within the City is guilty of a misdemeanor
because there is a reasonable likelihood that humans, domestic animals, or property will be
jeopardized.
B. "Firearm" means a weapon or device from which a projectile or projectiles may be fired by an
explosive such as gunpowder.
C. The provisions of this section do not apply to:
1. A person engaged in military activities sponsored by the federal or state governments,
while engaged in official duties;
2. Law enforcement personnel;
3. Security personnel while engaged in official duties; and
4. A person utilizing a properly licensed institutional, membership and/or commercial
shooting range.
Section 4. Remainder of SVMC 8.45 Unchanged. The remaining provisions of SVMC 8.45
are unchanged by this amendment.
Section 5. 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 of
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or
phrase of this Ordinance.
Section 6. Effective Date. This Ordinance shall be in full force and effect five(5) days after
the date of publication of this Ordinance or a summary thereof in the official newspaper of the City.
PASSED by the City Council this 15th day of 1 ber, 2009.
r 4001
ayor, Rich. . . Munson
ATTE,
ity Clerk, Christine Bainbridge /
Approved ast• Form:
Offic`�fthe Ci homey
Date : Publication: 12/25/2009
Effective Date: 12/30/209
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