HomeMy WebLinkAboutOrdinance 1979ORDINANCE NO. kCO(�\
AN ORDINANCE AMENDING THE CENTRAL POINT MUNICIPAL CODE TO REVISE
9.92.010 REGARDING DISCHARGE OF WEAPONS AND DELETE SECTIONS
9.68.040 AND 9.90.010 AS NECESSARY FOR CONSISTENCY WITH STATE LAW
AND FOR INTERNAL CONSISTENCY
RECITALS:
A. Words lined through are to be deleted and words in bold are to be added.
B. Pursuant to CPMC, Chapter 1.01.040, the City Council, may from time to time make
revisions to its municipal code which shall become part of the overall document and
citation.
C. Upon review, staff and the city attorney further determined that deletion and repeal
of Staff 9.68.040, Firearms, is necessary for compliance with state law and consistency
within the code.
D. Staff and the city attorney determined that 9.90.010, Concealed Weapons, is
superfluous as ORS 166.250 is sufficient for law enforcement purposes and repeal of
this provision prevents potential conflicts between state and local law.
E. Upon review, the staff and city attorney for the City of Central Point determined that
amendment to 9.92.010, Discharge of Firearms, is advisable for internal consistency
and better clarity as to exceptions thereto.
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 9.68, Rules and Regulations of Public Parks --Defining and
Punishing Certain Offenses against the Public General Welfare is modified to delete
Section 9.68.040 in its entirety.
Chapter 9.68
RULES AND REGULATIONS OF PUBLIC PARKS --DEFINING AND PUNISHING
CERTAIN OFFENSES AGAINST THE PUBLIC GENERAL WELFARE
Section:
9.68.040 FiFeaFMS. (Repealed)
Ordinance No. �� (101013)
SECTION 2. Chapter 9.90, Concealed Weapons is deleted in its entirety.
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SECTION 3. Chapter 9.92, Discharge of Firearms, is modified to Discharge of
Weapons generally subject to those exceptions specified in the addition to Chapter
9.92.010.
Chapter 9.92
DISCHARGE OF FIRFARIVIS WEAPONS
Sections:
9.92.010 Unlawful.
9.92. 010 Unlawful.
it is unlawful for any person to discharge any type of firearm, provided however, tha
nGthing herein Gentained shall apply te any peaGe GffiGeF while aGting in peFfE)rMaRG!
f his d tLe . to any peFSE)r. lawfully using a fiFeaFM iR .defense of his prGperf., e
A. Within the City limits of the City of Central Point, no -person shall fire or
discharge a firearm, crossbow, bow and arrow, blowgun or other gun,
including spring or air -actuated pellet guns, air guns, or BB guns, or other
weapons which propel a projectile by use of gunpowder or other mechanism,
explosive, jet, or rocket propulsion, without the consent of the Chief of Police.
B. The provisions of this section shall not be construed to prohibit the firing or
discharging of a firearm or weapon by a:
Ordinance No. I q � 9 (101013)
1. Person in the lawful defense or protection of such person's property,
person, or family as permitted under state law;
2. Peace officer or member of the military discharging a firearm or weapon
while acting within the scope of his or her official duty;
3. Government employee discharging a firearm or weapon when authorized
and required by his or her employment or public office to carry or use
firearms or weapons and while acting within the scope of his or her official
duty;
4. Person conducting an athletic contest who fires blank ammunition in a
plugged firearm toward the sky;
5. Person authorized by permit of the chief of police to discharge blank
ammunition or a weapon for a lawful purpose (e.g. ceremony);
6. Person lawfully engaging in hunting in compliance with rules and
regulations adopted by the State Department of Fish and Wildlife;
7. Person discharging a firearm or weapon on a licensed public or private
shooting range, shooting gallery or other approved area designed or built
for the purpose of target shooting, when such person is a member or guest
of said range or area;
8. Person discharging a bow and arrow for target shooting (target arrow)
on their own property or on another' s property with the owner' s consent,
provided the target is of sufficient size or arrangement to prevent the arrow
from leaving the property.
C. Discharging weapons is a Class A misdemeanor if the weapon discharged
constitutes a firearm under Oregon law. Discharging weapons is a Class I
violation if the weapon discharged is not a firearm under Oregon law.
PASSED by the Council and signed by me in authentication of its passage this %0�/1
day of 2013.
Mayor Hank Williams
Ordinance No. �9 (101013)