Loading...
HomeMy WebLinkAbout2014-0218 Study Session PACKET 1. Public Hearing and first reading of and ordinance titled, "An ordinance modifying the Verde Village Subdivision's Development Agreement to clarify project phasing and make clear which improvements are required with each phase and allow either phase to occur first; to change the energy efficiency requirements for the development so that all units will be constructed to at least Earth Advantage Gold . Standards and will be photovoltaic ready; and to change the landscaping requirements associated with construction of the multi-use path" IX. PUBLIC FORUM Business from the audience not included on the agenda. (Total time allowed for Public Forum is 15 minutes. The Mayor will set time limits to enable all people wishing to speak to complete their testimony.) [15 minutes maximum] X. UNFINISHED BUSINESS None. XI. NEW AND MISCELLANEOUS BUSINESS 1. Request for a boundary line adjustment at the comer of 511 Clinton and 625 N. Mountain Avenue 2. Approval of an emergency procurement for engineering services for the Talent Ashland Phoenix Pipeline Intertie project 3. Addendum clarifying Mt. Ashland Association Agreement XII. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. First Reading by title only of an ordinance titled, "An ordinance amending AMC Chapter 2: Rules of City Council; Uniform Policies and Operating Procedures for Advisory Commissions and Boards; Recreation Commission; Conservation Commission; and Certain Administrative and Operating Departments" XIII. OTHER BUSINESS FROM COUNCIL MEMBERSIREPORTS FROM COUNCIL LIAISONS XIV. ADJOURNMENT OF BUSINESS MEETING CITY COUNCIL STUDY SESSION (starting after end of regular meeting) February 18, 2014 Council Chambers, 1175 E. Main Street .1. Review, discussion and Council direction to staff regarding an ordinance or ordinances relating to the open carry of weapons and minor's access to weapons 2. Adjournment of Study Session In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I). COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9 VISIT THE CITY OF ASHLAND'S WEB SITE AT WW W.ASHLAND.OR.US CITY OF -ASH LAN D Council Communication February 18, 2014, Study Session Review, discussion and Council direction to staff regarding an ordinance prohibiting the unlawful carrying of loaded firearms in public places and an ordinance to prohibit endangering a child by allowing access to a firearm and possible Council actions FROM: Dave Lohman, city attorney, lohmand@ashland.or.us Dave Kanner, city administrator, dave.kanner@ashland.or.us SUMMARY Staff seeks direction from the Council as to how to proceed with an ordinance or ordinances regarding carrying loaded firearms in public places and endangering a child by allowing access to a firearm. These ordinances were brought forward by a group called Citizens for a Safe Ashland and discussed by the Council at its February 3, 2014, study session. Council at that time requested that the City Attorney draft what he believes to be a legally defensible ordinance addressing the issues raised by Citizens for a Safe Ashland and that he and the Police Chief provide information on the effect of similar ordinances in other cities on public safety. Only bits and pieces of that requested information will be provided at this study session. Responses from the eleven cities with comparable ordinances in place have been a little slower in coming and less specific than hoped. BACKGROUND AND POLICY IMPLICATIONS: A group called Citizens for a Safe Ashland drafted two gun-related ordinances for Council consideration. The Council considered the benefits and risks of these ordinances at its February 3, 2014, study session. One ordinance would make it a class A misdemeanor to endanger a child by failing to prevent access to a loaded or unloaded firearm by a minor without the permission of the person, a parent or guardian, when the person knew or reasonably should have known that a minor could gain access to the firearm. The other ordinance would, under certain conditions and with some exceptions, make it a class A misdemeanor to knowingly possess or carry a firearm, in or upon a public place, including while in a vehicle in a public place, or recklessly having failed to remove all the ammunition from the firearm or from that firearm's clip or magazine. The open carry ordinance is similar to ordinances adopted by Beaverton, Portland, Salem, Oregon City, Newport, Astoria and others. The other ordinance is modeled on an ordinance adopted by the City of Portland in 2010. After considerable discussion, the Council requested the opportunity to consider a version of these proposed ordinances that would, in the opinion of the City Attorney, be highly likely to withstand judicial scrutiny. The Council also raised the possibility of referring an ordinance to the voters, or referring an advisory measure to the voters. In addition, the Council asked the City Attorney and the Police Chief to provide information on the effect of similar ordinances in other cities on public safety. Page 1 of 2 ~r, CITY OF ASHLAND For your discussion and direction to staff at the February 18, 2014, study session is the requested ordinance that is a significantly scaled-back version of the Citizens for Safe Ashland proposal, containing only the language from the City of Portland open-carry ordinance that has been upheld by the Oregon Supreme Court. In addition, Legal staff has prepared two other documents for your consideration. One is a list of practical considerations both for and against adopting such an ordinance or ordinances. This is not intended to advocate for one position or another, but simply to distill the arguments up to this point into a single, non-judgmental list. The other document is a list of the potential actions the Council might take. These actions include: adoption of an ordinance or ordinances; adoption of a resolution, either encouraging legislative action or simply stating Ashland's position on carrying guns in public places; referring an ordinance, advisory measure or resolution to the voters; or taking no action. If the Council directs staff to prepare something for action at a future meeting, it will, at the Mayor's request, be placed on the March 18'h business meeting agenda. FISCAL IMPLICATIONS: None. STAFF RECOMMENDATION AND REQUESTED ACTION: This item is scheduled for discussion and direction to staff only. Because the Mayor will be absent from the March 4m meeting, he has requested that no gun-related item be scheduled for action at that meeting. However, if Council would like to consider an ordinance, resolution or ballot title for action, staff recommends putting such material(s) in final draft form and scheduling them for a public hearing (but no action) on March 4° . Note that pursuing this course will cause the City to miss deadlines for referral of a measure to the May ballot and any referral would have to be to the September or November ballot. Staff seeks direction on what, if anything, to bring back to the March 4 h meeting for a public hearing. SUGGESTED MOTION N/A ATTACHMENTS: • Draft "Ordinance No. An Ordinance Restricting Openly Carrying Loaded Firearms in Public Places." • Practical Considerations For and Against Adopting New Ordinances Concerning Open Carry of Loaded Firearms and Minors' Access to Firearms • Realistic Options for Council Action on Firearms Restrictions Page 2 of 2 I`, ORDINANCE NO. AN ORDINANCE RESTRICTING OPENLY CARRYING LOADED FIREARMS IN PUBLIC PLACES Annotated to show deletier--i-and additions to the code sections being modified. Deletions are bold lined through and additions are bold underlined. WHEREAS, Article 2. Section I of the Ashland City Charter provides: Powers of the City. The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, ORS 166.173 expressly authorizes Oregon local jurisdictions to enact ordinances to regulate, restrict or prohibit persons from possessing loaded firearms in public places, except for persons expressly exempted by statute; WHEREAS, the City has determined, on the basis of past and.recent instances of firearms- related violence in the City, the State, and the Nation, that public safety is compromised by persons without firearms permits carrying loaded firearms in public places; WHEREAS, the Oregon Supreme Court recently has held that Article I, Section 27 of the Oregon Constitution does not preclude enactment of a provision regulating "the manner, possession, and the use of constitutionally protected arms," and permits "wide legislative latitude" to enact specific regulations restricting the possession and use of weapons to the extent such regulation of arms is necessary to promoting the public safety and does not unduly frustrate the individual right to bear arms for the purpose of self-defense; WHEREAS, the United States Supreme Court recently opined that the Second Amendment of the U.S. Constitution does not preclude laws forbidding the carrying of firearms in sensitive public places; WHEREAS, the Oregon Supreme Court recently has upheld a City of Portland ordinance provision restricting possession of loaded firearms in public places against the claim that the provision violated Article I, Section 27 of the Oregon Constitution and the Second Amendment of the U.S. Constitution; and WHEREAS, in order to promote public safety the City wishes to enact a municipal code provision which restricts the carrying of loaded firearms in public places under certain conditions Ordinance No. _ Page I of 3 and which is identical to the City of Portland restriction already upheld by the Oregon Supreme Court. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Definitions. The following definitions govern the construction this Chapter: A. "Firearm" means a weapon, by whatever name known, which is designed to expel a proiectile by the action of powder. B. "Public place" means a place to which the general public has access and includes, but is not limited to, hallwavs, lobbies and other parts of apartment houses and hotels not constituting rooms or apartments designed for actual residence, and highways, streets, schools, places of amusement, parks, playgrounds, and premises used in connection with public passenger transportation. SECTION 2. Possession of a Loaded Firearm in a Public Place. It is unlawful for any person to knowingly possess or carry a firearm, in or upon a public place, including while in a vehicle in a public place, recklessly having failed to remove all ammunition from the firearm. SECTION 3. Exceptions. Section 2 does not apply to or affect the following persons: A. A law enforcement officer in the performance of official dutv. B. A member of the military in performance of official duty. C. A person licensed to carry a concealed handgun. D. A person authorized to possess a loaded firearm while in or upon a public building or court facility under ORS 166.370. E. An emplovee of the United States Department of Agriculture, acting within the scope of employment, who possesses a loaded firearm in the course of a lawful taking wildlife. F. A government employee authorized or required by his or her emplovment or office to carry firearms. G. A person conducting an athletic contest to fires blank ammunition in a plug firearm toward the sky. H. A person authorized by permit of the chief of police to discharge blank ammunition or a weapon for a lawful purpose. 1. A person traveling to and from and 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. SECTION 4. Penalties. Violation of this Chapter is a Class A misdemeanor. Ordinance No. _ Page 2 of 3 SECTION 5. Severabilitv. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 6. Codification. Provisions of this Ordinance shall be incorporated in the City Code, and the word "ordinance" may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renumbered or re-lettered, provided however, that any Whereas clauses and boilerplate provisions (i. e., Sections Nos. 5-6) need not be codified, and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of 2014, and duly PASSED and ADOPTED this day of 12014. Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of 2014. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney G:\IegaACGUNCIL F GENDA ITEMS - biaiAs\2014,Council Items\Febmary 18, 2014\021814 Proposed Open Carr 'brd docx Ordinance No. _ Page 3 of 3 PRACTICAL (NON-PHILOSOPHICAL) CONSIDERATIONS FOR AND AGAINST ADOPTING NEW ORDINANCES CONCERNING OPEN CARRY OF LOADED FIRARMS AND MINORS' ACCESS TO FIREARMS 1. EFFECTIVE? Might (a) enhance safety in public places by reducing the likelihood of unintentional gun-related violence OR (b) reduce safety by suggesting that criminal activity in Ashland public places will not likely be met by citizens' armed resistance.. i 2. EFFECTIVE? Might have no discernible impact on public safety given that gun-related crimes and accidents in Ashland are rare. (That is, in light of the rarity of gun-related crime and accidents in Ashland public places, any benefit from restricting open carry of loaded guns AND any benefit from the possibility of having armed citizens in public places at opportune times to deter or defend against serious crimes might both be negligible.) 3. EFFECTIVE? Might (a) have no real impact on open carry of loaded guns given that inspection to determine loaded or unloaded status of openly carved gun may not be possible, thereby limiting enforcement OR (b) enhance safety in public places and homes as a result of voluntary compliance, even if actual enforcement occurs rarely. 4. EFFECTIVE? Might (a) decrease the likelihood of minors in Ashland getting possession of guns without permission OR (b) have no discernible impact because the incidence of minors in Ashland getting unpernutted access to guns is raze even without a special prohibition. 5. EFFECTIVE? Might (a) be effective, regardless of enforceability, as an expression of the views of a majority of Ashland citizens on an issue under legislative consideration in the State Legislature and Congress OR (b) be regarded as merely unenforceable political statements, which might, in turn, cause other ordinances to be taken less seriously 6. LITIGATION? Might (a) result in lengthy legal battles so costly as to have an appreciable impact on City budgets and services OR (b) result in no lawsuits, as has been the case in 10 of the 11 Oregon jurisdictions that currently ban loaded weapons in public places. 7. FAIR? Might (a) alienate law-abiding citizens who are unlikely to misuse firearms even without the new ordinances OR (b) cause law-abiding gun owners to be more aware of many citizens' apprehensions about guns in public places. 8. VISITOR IMPACTS? Might (a) result in fewer visitors to Ashland OR (b) attract new visitors to Ashland. t I I REALISTIC OPTIONS FOR COUNCIL ACTION ON FIREARMS RESTRICTIONS I ACTION OPTIONS f:QUESTIONS I A. Ordinances 1. Ban loaded, open carry, with exceptions • Effective? 2. Restrict minors' access • Effective? • Preemption/litigation/costs? B. Resolutions 1. Admonition to Legislature on re-writing preemption re • Effective? ammo and minors' access to clearly allow local ordinances . Prolonged? 2. Declaration that Ashland does not welcome persons • Effective? carrying weapons in public places C. Referrals 1. Refer ordinance banning loaded open carry • Effective? • Dispassionate? 2. Refer ordinance on minors' access • Effective? • Dispassionate? • Preemption/litigation/costs? 3. Refer advisory question on banning loaded open carry • Dispassionate? • Prolonged? 4. Refer advisory question on minors' access • Dispassionate? • Preemption/litigation/costs? • Prolonged? 5. Refer admonition to Legislature on re-writing preemption • Effective? re ammo and/or minors' access • Dispassionate? • Prolonged? 6. Refer declaration that Ashland does not welcome persons • Effective? carrying weapons in public places • Dispassionate? D. No Action 1. Object to consideration of the matter (not debatable; 2/3 • Responsive? vote) 2. Move to postpone indefinitely (debatable; majority vote) • Responsive? 3. Vote against motion to approve ordinance, resolution, or. • Responsive? referral