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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)