Code of Ordinances_Weapons, Firearms and FireworksMasterpiece on the Mississippi
Dubuque
kital
All- America City
II 111!
2012
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: City Code Ordinance Amendment to 7- 5A -10: Weapons, Firearms and
Fireworks
DATE: March 27, 2013
Chief of Police Mark Dalsing recommends City Council approval of an amendment to
City Code Ordinances 7- 5A -10: Weapons, Firearms and Fireworks, to include among
other changes, the wording to prohibit the firing and carrying of spring loaded and
replica guns.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
brit44 krt., italy,
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Mark M. Dalsing, Chief of Police
E MEMO
Masterpiece on the Mississippi
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsi g
Chief of Police
E AN UIv[
March 22, 2013
RE: City Code Ordinance Amendment to 7- 5A -10: Weapons, Firearms and Fireworks
INTRODUCTION
This memo will address amending City Code ordinances 7- 5A -10: Weapons, Firearms
and Fireworks
BACKGROUND
The Dubuque Police Department and City Attorney's Office have been reviewing and
updating ordinances related to weapons, hunting and target shooting in the City of
Dubuque. This memo will address updating the City ordinance on weapons, firearms
and fireworks, which has been virtually unchanged over the past 20+ years. The
ordinance covers shooting or launching projectiles, as well as carrying weapons that are
not covered under other state or federal weapons laws. The current ordinance and the
proposed ordinance changes have no impact on the legal carrying of firearms, which is
covered by Iowa State Code. Minor wording changes were made in regard shooting
projectiles and discharging firearms and fireworks, but the key changes from the police
perspective is the addition of other weapons to the ordinance.
The Dubuque Police Department has noted a growing trend in the use and carrying of
spring loaded guns made under various manufacturer names, including but not limited
to Airsoft. These guns are similar to traditional BB guns but shoot a variety of
projectiles. The most common projectiles are plastic ball pellets ranging in various levels
of hardness and density. Projectiles can also include small paintballs. The greatest
difference between these guns and traditional BB guns is the fact that many of these
guns use springs to project the projectile as opposed to air power like traditional BB
guns. While the density of the balls is less than a metal BB, the weapons can discharge
the pellets at speeds over 300 feet per second, which is on par with some traditional BB
guns. These guns are very capable of inflicting damage to property or bodily injury.
We have multiple incidents each year with these guns being used for criminal mischief,
assault, and in some cases these guns were used in robberies or otherwise purported
to be real firearms to intimidate or place others in fear.
The updated ordinance includes language for spring powered guns as well as other
non- functioning, replica guns which the person in control represents as a real firearm.
This portion of the language change would prevent people from carrying replica guns,
props, or other lookalikes with the intent of representing it as a firearm to other people.
An alarming feature of these spring guns and replicas is the realistic appearance to
functioning firearms. While some are manufactured with clear plastic, many are nearly
indiscernible from real firearms. Some are manufactured with orange tips for safety, but
these can be easily removed or altered. Some collectors and enthusiasts detail the guns
to the point that they are nearly indiscernible from real firearms, including equipping
them with scopes and lasers. Because of their close appearance to real firearms, there
have been multiple incidents across the country where these guns have been mistaken
as real firearms and had tragic endings.
See the attached document with comparative photos as examples.
RICOMIENDATION
recommend City ordinances 7- 5A -10: Weapons, Firearms and Fireworks, be amended
as shown to include among other changes the wording to prohibit the firing and carrying
of spring loaded and replica guns.
ACTION F EQUESThD
City manager review, approval and recommendation to the City Council to approve the
changes to 7- 5A -10: Weapons, Firearms and Fireworks
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589 -4381
ORDINANCE NO. 21-13
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 7 POLICE, FIRE
AND PUBLIC SAFETY, CHAPTER 5 OFFENSES, ARTICLE A GENERAL
OFFENSES, SECTION 7 -5A -10 WEAPONS, FIREARMS AND FIREWORKS BY
ADDING A PROHIBITION ON REPLICA FIREARMS REPRESENTED AS REAL
FIREARMS, A PROHIBITION ON SPRING LOADED GUNS AND AIR GUNS EXCEPT
IN ACCORDANCE WITH SECTION 7- 5A -16, AND INCORPORATING A REFERENCE
TO THE DEER MANAGEMENT PROGRAM FOR HUNTING
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 7 -5A -10 of the City of Dubuque Code of Ordinances is
amended to read as follows:
7- 5A -10: WEAPONS, FIREARMS AND FIREWORKS:
A. Shooting Projectiles:
1. Prohibition: It shall be unlawful for any person within the corporate limits of
the city to willfully or carelessly throw, shoot, or launch any stone, stick,
projectile, or other missile in such a manner as to hit, injure, or endanger any
person or property,
2. Deer Hunting Excepted: Nothing herein shall prohibit the hunting with bow
and arrow of deer by persons licensed by and during the period of time
authorized by the Iowa department of natural resources and issued a permit by
the city in accordance with the Deer Management Program adopted by the
Environmental Stewardship Commission and the City Council.
B. Carrying Concealed Weapon: It shall be unlawful for any person to carry or
conceal about their person any slingshot, knuckles of metal or other material, air gun,
spring loaded gun, replica firearm represented as a real firearm, or any other weapon
other than a knife, when such weapon is represented to be carried for the purpose of
protection or use as a weapon. This subsection does not apply to any of the following:
7. A person who is lawfully engaged in target practice or while actually
engaged in lawful hunting.
C. Discharging Firearms And Fireworks:
1. Prohibition: No person shall discharge or fire any cannon, gun, bomb,
pistol, air gun, spring loaded gun, or other firearms or set off or burn firecrackers,
torpedoes, skyrockets, Roman candles, or other fireworks of like construction or
any fireworks containing any explosive or flammable compound, or other device
containing any explosive. Discharge or firing of air guns or spring loaded guns
used for training, recreational, or competitive events is allowed in accordance
with 7- 5A -16.
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 1st day of April , 2013.
Roy D. ol, Mayor
Attest:
Kevi S. Firnstahl, ity Clerk
OFFICIAL
PUBLICATION r
ORDINANCE NO.21 -13
AMENDING CITY OF
DUBUQUE CODE OF
ORDINANCES TITLE 7
POLICE, FIRE AND
PUBLIC SAFETY,
CHAPTER 5 OFFENS-
ES, ARTICLE A GEN-
ERAL OFFENSES, SEC -
TION 7 -5A -10 WEAP-
ONS, FIREARMS AND
FIREWORKS BY ADD-
ING A PROHIBITION
ON REPLICA FIRE-
ARMS REPRESENTED
AS REAL FIREARMS, A
PROHIBITION ON
SPRING LOADED
GUNS AND AIR' GUNS
EXCEPT, IN .ACCORD-
ANCE WITH SECTION
7- 5A -16, AND INCOR-
PORATING A REFER-
ENCE TO THE DEER
MANAGEMENT PRO-
GRAM FOR HUNTING
NOW, THEREFORE,
BE IT, ORDAINED BY
THE CITY COUNCIL
OF THE CITY OF DU-
BUQUE,
IOWA:
Section 1. Section 7-
5A-10 of the City of Du-
buque Code of Ordi-
nances is amended to
read as follows:
7- 5A -10: WEAPONS,
FIREARMS AND FIRE-
WORKS:
A. Shooting Projec - 1
tiles •
• 1. Prohibition: It shall
be unlawful for any
person within the cor-
porate limits of the city
to willfully or careless-
ly throw, shoot, • or
launch any stone, stick,
projectile, or other mis-
sile in such, a manner
as to hit, injure, or en-
danger any person or
property,
2. Deer Hunting Ex-
cepted: Nothing herein
shall prohibit the hunt-
ing with bow and ar-
row of deer by persons
licensed by and during
the period of time au-
thorized by the Iowa
department of natural
resources and issued a
permit by the city in
accordance with the
Deer Management Pro-
gram adopted by the
Environmental Stew-
ardship Commission
and the City Council.
B. Carrying -Concealed
Weapon: It shall be un-
lawful for any person
to carry or conceal
about their person any
slingshot, knuckles of
metal or other materi-
al, air gun, spring load-
ed gun, replica firearm
' represented as a real
firearm, or any other
weapon other than a
knife, when such
• weapon is represented
to be carried for the
,purpose of protection
or use as a .weapon.
This subsection does
not apply to any of the
following:
7. A person who is
lawfully engaged in
target practice or while
actually engaged in
lawful hunting.
C. Discharging Fire-
arms And Fireworks: 1
1. Prohibition: No per -
son shall discharge or
fire any cannon, gun, -
bomb, pistol, air gun,
spring loaded gun, or
other firearms or set
off or burn firecrack-
ers, torpedoes, skyroc-
- kets, Roman candles,
or other fireworks of
like construction or
any fireworks contain-
ing any explosive or
flammable compound,
or other device con-
taining any explosive.
Discharge or firing of
air guns or spring load-
ed guns used for train-
ing, recreational, or
competitive events is
allowed in accordance
with 7- 5A -16.
Section 2. This Ordi-
nance ' takes effect
upon publication.
Passed, approved,
and adopted the 1st
day of April, 2013.
/s /Roy D. Buol, Mayor
Attest: Kevin S.
Firnstahl, CMC, City
CIerIC
Published officially in
the Telegraph Herald
newspaper on the 5th
day of April, 2013.
/s /Kevin S. Firnstahl,
CMC; City Clerk
It 4/5
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald,a newspaper of general circulation
published in the City of Dubuque, County of Dubuque and State of Iowa; hereby
certify that the attached notice was published in said newspaper on the following
dates: April 5, 2013, and for which the charge is $30.10.
P,
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this /o f7j day of , 20 /2
Notary Public in and for Dubuque County, Iowa.
ri MARY K. WbESTE F.',.,:: . •
Commicsl9 ; Hum`?. •
Pf�' � E5
EFFECT OF AMENDMENT
7- 5A -14: WEAPONS, FIREARMS AND FIREWORKS:
A. Use Of Bows And Arrows Or SlingshotsShootinq Projectiles:
1. Prohibition: It shall be unlawful for any person within the corporate limits of
the city to use any slingshot of any kind, or to willfully or carelessly throw, shoot,
or launch any stone, stick, projectile, or other missile in such a manner as to hit,
injure, or endanger any person_, or window or other property, or for any person
within the corporate limits of the city to hunt with a bow and arrow.
2. Deer Hunting Excepted: Nothing herein shall prohibit the hunting with bow
and arrow of deer by persons licensed by and during the period of time
authorized by the Iowa department of natural resources and issued a permit by
the city in accordance with the Deer Management Program adopted by the
Environmental Stewardship Commission and the City Council.
B. Carrying Concealed Weapon: It shall be unlawful for any person to carry under
such person's clothes or concealed about their person or to be found in possession of
any slingshot, knuckles of metal or other material, air gun, spring loaded gun, replica
firearm represented as a real firearm, or any other weapon other than a knife, when
such weapon is represented to be carried for the purpose of protection or use as a
weapon. This subsection does not apply to any of the following:
7. A person whowhile the person is lawfully engaged in target practice on a
range designed for that purpose or while actually engaged in lawful hunting.
C. Discharging Firearms And Fireworks:
1. Prohibition: No person shall discharge or fire any cannon, gun, bomb,
pistol, air gun, spring loaded gun, or other firearms or set off or burn firecrackers,
torpedoes, skyrockets, Roman candles, or other fireworks of like construction or
any fireworks containing any explosive or 4 flammable compound, or other
device containing any explosive. Discharge or firing of air guns or spring loaded
guns used for training, recreational, or competitive events is allowed in
accordance with 7- 5A -16. upon showing that the location is under the direction of
Attachment 1
Real Glock
Spring- Loaded Replica
Real Colt 1911
Spring- Loaded Replica
Real MP5
Spring- Loaded Replica
I move to receive and file the communications and further move that the requirement
that a proposed Ordinance be considered and voted on for passage at two Council
meetings prior to the meeting at which is to be finally passed be suspended. (Motion B)
Vote — Then
I move final consideration and passage of the Ordinance. (Motion A)
If Motion B does not pass:
I move to receive and file the communications and I move first (second or third)
consideration of the Ordinance. (Motion A)