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HomeMy WebLinkAboutOrdinance No. 1569ORDINANCE NO. 1569 BEING AN ORDINANCE AMENDING ORDINANCE NO 1490, CITY CODE OF 2005, RELATING TO WEAPONS The City of Columbia Heights does ordain: Chapter 10, Article III, Section 307 of the Columbia Heights City Code, which currently reads to wit: § 10.307 WEAPONS. (A) A firearm is any weapon from which may be fired or ejected one or more solid projectiles by means of a cartridge or shell by the action of an explosive or the ignition of flammable or explosive substances. Firearms also include any weapons for which the said propelling force is a spring, elastic band, carbon dioxide, air, or any gas or vapor. Firearms shall include all shotguns, rifles and other longguns, pistols and revolvers, BB guns, air guns, slingshots, and pellet guns, but shall not include a stud or nail gun commonly used in the construction industry or children's popguns or toys. (B) No person, except a regular peace officer in the performance of his duties, shall use, fire or discharge a firearm, as defined herein, within the city. (C) The Columbia Heights Police Department may impound any weapon which is used in violation of divisions (A) or (B), or M.S. § 609.66, as it may be amended from time to time, which comes into its possession as lost and found property, or which otherwise comes legally into its possession. (D) The weapon may be surrendered to the rightful owner upon such owner furnishing proof of ownership and providing that no charges are pending against the rightful owner arising from the possession or use of that weapon and providing that the rightful owner is otherwise entitled to the return of the said weapon. (E) Any weapon impounded by the city and which remains unclaimed by the owner for a period of 60 days may be sold or otherwise disposed of as approved by the City Council following 10 days published notice in the legal newspaper of the city prior to such sale or other disposal. (F) Ail proceeds realized from the sale or disposal of impounded weapons shall either be deposited in the general fund of the city, or, if approved by the City Council, traded for other equipment for the Police Department. Upon furnishing proof of ownership of a weapon which has been sold or otherwise disposed of pursuant to this section, the true owner thereof may recover an amount equal to the proceeds received from the sale of that weapon at the sale. If the weapon has been traded and a valid claim is made pursuant to this section, the city shall reimburse the owner of the weapon in an amount equal to the fair market value of the said weapon at the time of the trade. Any payments recovered hereunder shall be made from the general fund. Provided, that no such owner may recover or bring any action to recover such payment unless such owner does so within a period of six months following the date of sale of the weapon. (°77 Code, § 10.307) (Am, Ord. 1006, passed 10-25-82) Penalty. see ' 1~ 0.401 Is hereby amended to read as follows: § 10.307 WEAPONS. A. A firearm is any weapon from which may be fired or ejected one or more solid projectiles by means of a cartridge or shell by the action of an explosive or the ignition of flammable or explosive substances. Firearms also include any weapons for which the said propelling force is a spring, elastic band, carbon dioxide, air, or any gas or vapor. Firearms shall include all shotguns, rifles and other longguns, pistols and revolvers, BB guns, air guns, slingshots, and pellet guns, but shall not include a stud or nail gun commonly used in the construction industry or children's popguns or toys. B. No person, except a regular peace officer in the performance of his duties, shall use, fire or discharge a firearm, as defined herein, within the city. C. Facsimile firearm means any object which is a replica of an actual firearm, which substantially duplicates an actual firearm, or which could reasonably be perceived to be an actual firearm, unless: (1) The entire exterior surface of such object is colored white, bright red, bright orange, bright yellow, bright green, bright blue, bright pink or bright purple, either singly or as the predominant color in combination with other colors in any pattern; or such object is constructed entirely of transparent or translucent materials which permits unmistakable observation of the firearm's complete contents; and (2} Such object shall have as an integral part, permanently affixed, a blaze orange extension that extends at least six (6) millimeters from the muzzle end of the barrel of such object; and (3) Such object does not have attached thereto a laser pointer. "Facsimile firearm" does not include any actual Eireann as otherwise regulated by the terms of this Code or the Minnesota Statutes. D. It shall be unlawful for any person within the city to carry on or about his person in a public place or transport in any vehicle in any public place any weapon or facsimile firearm, except the transportation of any weapon or facsimile firearm in or upon any motor vehicle in a secured container or in the locked truck of such vehicle. The provisions of this section shall not be applicable to the transport of weapons or facsimile firearms by persons who are regularly engaged in the lawful manufacture, distribution or sale at retail or wholesale of weapons or facsimile firearms, or the agents of any of them while engaged in such business; to the carrying or transport of weapons or facsimile firearms by licensed, full-time peace officers, law enforcement officers or military personnel while in the course of their duties; to persons holding a permit to carry a Eireann acting within the scope of such permits; to any officer of a state adult correctional facility when on guard duty or otherwise engaged in an assigned duty. E. The Columbia Heights Police Department may impound any weapon which is used in violation of divisions (A) or (B), or M.S. §609.99, as it may be amended from time to time, which comes into its possession as lost and found property, or which otherwise comes legally into its possession. 2 F. The weapon may be surrendered to the rightful owner upon such owner furnishing proof of ownership and providing that no charges are pending against the rightful owner arising from the possession or use of that weapon and providing that the rightful owner is otherwise entitled to the return of the said weapon. G. Any weapon impounded by the city and which remains unclaimed by the owner of a period of 60 days maybe sold or otherwise disposed of as approved by the City Council following 10 days published notice in the legal newspaper of the city prior to such sale or other disposal. H. Ali proceeds realized from the sale or disposal of impounded weapons shall either be deposited in the general fund of the city, or, if approved by the City Council, traded for other equipment for the Police Department. Upon furnishing proof of ownership of a weapon which has been sold or otherwise disposed of pursuant to this section, the true owner thereof may recover an amount equal to the proceeds received from the sale of that weapon at the sale. If the weapon has been traded and a valid claim is made pursuant to this section, the city shall reimburse the owner of the weapon in an amount equal to the fair market value of the said weapon at the time of the trade. Any payments recovered hereunder shall be made from the general fund. Provided, that no such owner may recover or bring any action to recover such payment unless such owner does so within a period of six months following the date of the sale of the weapon. ('77 Code, § 10.307) (Am. Ord. 1006, passed 10-25-82) Penalty, see § 10.401 This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: August 10, 2009 Second Reading: August 24, 2009 Date of Passage: August 24, 2009 Offered by: Williams Seconded by: Diehm Roll Call: Ayes: Peterson, Williams, Nawrocki, Diehm, Kelzenberg L. A t: atricia Muscovitz, CMC ity Clerk