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HomeMy WebLinkAbout854_Amend Section Part 10 Ch 3 Carr Weapons_Exections_Prohibit Transport Loaded PistowTulsa County Clerk- EARLENE WILSON Doc# 2006050981 Wages 3 Receipt # 860634 05/05/06 14:34:26 Fee 1-1.00 CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 854 AN ORDINANCE RELATING TO PART 10, OFFENSES & CRIMS, CHAPTER 3, OFFENSES AGAINST THE PUBLIC, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AMENDING SAME BY AMENDING SECTION 10-306 TO AMEND LAW GOVERNING CARRYING OF PISTOLS AND ADDITIONALLY TO PROHIBIT THE TRANSPORTING OF A LOADED PISTOL WITHOUT A VALID CONCEALED HANDGUN PERMIT AND SETTING FORTH CIRCUMSTANCES WHEREIN SUCH WEAPON MAY BE CONFISCATED. THIS ORDINANCE AMENDS PART 10, CHAPTER 3, OF THE CITY OF OWASSO CODE OF ORDINANCES BY AMENDING SECTION 10-306. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO-WIT: SECTION ONE (1): Part Ten, Offenses & Crimes, Chapter Three, Offenses Against the Public, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended by revising section 10-306 to read as follows: SECTION 10-306 CARRYING WEAPONS AND EXCEPTIONS; TRANSPORTING CONCEALED HANDGUN SECTION TWO (2): A. It is unlawful for any person, except those authorized by law, to carry upon or about their persons or in their vehicles any weapon of the kind usually known as slingshot, bowie knife, dirk knife, switchblade knife, spring -type knife, knife having a blade which opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, loaded cane, billy, metal knuckles, or any other offensive or defensive weapon, excluding firearms, the carrying of which is governed by State law. B. Any person stopped pursuant to a moving traffic violation who is transporting a loaded pistol in the motor vehicle without a valid concealed handgun permit authorized by the Oklahoma Self - Defense Act or a valid license from another state, whether the loaded firearm is concealed or open in the vehicle, shall be issued a traffic citation in the amount of Seventy Dollars ($70.00), or such amount as may otherwise be provided in 21 O. S. § 1289a 13A (A), plus court costs, for transporting a firearm improperly. In addition to the traffic citation provided in this ordinance, the person may additionally be arrested for any other violation of law. C. When the arresting officer determines that a valid handgun license exists, pursuant to the Oklahoma Self - Defense Act or any provision of law from another state, for any person in the stopped vehicle, any firearms permitted to be carried pursuant to that license shall not be confiscated unless: The person is arrested for violating another provision of law other than that set forth in subsection (B) of this ordinance; provided, however, if the person is never charged with an offense pursuant to this paragraph or if the charges are dismissed or the person is acquitted, the weapon shall be returned to the person. 2. The officer has probable cause to believe the weapon is: a. contraband, or b. a firearm used in the commission of a crime other than a violation of subsection (B) of this ordinance. c. Nothing in this section shall be construed to require confiscation of any firearm. (State Law Reference: Firearm Regulation -State Preemption, 210. S. § 1289.24 and Transferring Loaded Pistol Without Concealed Handgun Pcnnit_ 21 O. S. §1289.13A) IF D. All ordinances, or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. E. If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. Fm The provisions of this ordinance shall become effective thirty (30) days from the date of final. passage as provided by state law. G. The City of Owasso Code of Ordinances is hereby amended by amending section 10 -306, codified in Fart 10, Chapter 3 of the Code of Ordinances of the City of Owasso. PASSED and APPROVED by the City Council of the City of Owasso, Oklahoma on the 8t1' day of April, 2006. . mayor ATTEST: Sherry Bishop, Cit lerk (SEAL) Julie Lombardi City Attorney Affidavit Publication Published in the Owasso 2.The officer has probable OWASSO REPORTER Reporter, Owasso, Tulsa cause to believe the weapon County, Oklahoma, April 25, is: 2006. a.contraband, or STATE OF OKLAHOMA, TULSA COUNT'S', ss: b.a firearm used in the com- CITY of mission of a crime other than OWASSO, OKLAHOMA a violation of subsection (B) 1, of lawful age, being dolly sworn, am a legal ORDINANCE NO. 854 of this ordinance. representative Of the ®Wa.SSO Reporter, a AN ORDINANCE RELAT- c.Nothing in this section shall be construed to require con - weekly newspaper published fill the City OR ING TO PART 10, OFFENSES & CRIMES, fiscation of any firearm. Owasso, Tulsa County, Oklahoma, a newspa- CHAPTER 3, OFFENS- ES AGAINST THE PUB- (State Law R f r n e' Firearm Regulation -State Preemption, per qualified to publish legal Notices, advertise- LIC, OF THE CODE OF ORDINANCES OF THE 21 0. S. §1289.24 and Trans - ferring merits and publications as provided in Section CITY OF OWASSO, OKLAHOMA, Loaded Pistol Without Concealed Handgun Permit- 21 AMEND- 0. S. §1289.13A) 06 of Title 25 Oklahoma Statutes 1971 and ING SAME BY AMEND- 1983 as amended, and thereafter, and Complies ING SECTION 10 -306 TO AMEND LAW GOVERN- SECTION THREE (3): REPEALER with all ogler requirements of the laws of Okla- ING CARRYING OF PIS - TOLS AND ADDITION- D. All horna with reference to legal publications. ALLY TO PROHIBIT THE TRANSPORTING OF ordinances, or parts of ordinances, in conflict with this A ordinance are hereby repealed That said notice, a trite Copy of which is at- LOADED PISTOL WITH- OUT to the extent of the conflict only. taehed hereto, was published in the regular edl- A VALID CON - CEALED HANDGUN SECTION FOUR (4): tlon of Said newspaper during the period and PERMIT AND SETTING FORTH CIRCUM- SEVERABILITY time of publications and not in a supplement, STANCES WHEREIN SUCH WEAPON MAY BE E. If any part or parts of this ordinance are deemed on the following dates: CONFISCATED, uncon- stitutional, invalid or ineffective, the remaining portion shall not THIS ORDINANCE AMENDS be affected but shall remain in PART 10, CHAPTER 3, OF full force and effect. THE CITY OF OWASSO CODE OF ORDINANCES BY SECTION FIVE (5): AMENDING SECTION 10.306. DECLARING AN EFFECTIVE APRIL 25TH, 2006 DATE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, F. The provisions of this ordi- OKLAHOMA, THAT, TO -WIT: nance shall become effective thirty (30) days from the date of final passage as provided by Subscribed and SVYom t0 before me this 26TH SECTION ONE (1): Part Ten, Offenses & Crimes, Chapter state law. Three, Offenses Against the SECTION SIX (6): Public, of the Code of Ordi- CODIFICATION day Of APRIL,, 2006 nances of the City of Owasso, Oklahoma, shall be amended G. The City of Owasso Code of by revising section 10 -306 to Ordinances is hereby amended read as follows: by amending section 10 -306, codified in Part 10, Chapter 3 of Otat -}/ Pu lIC SECTION 10 -306 the Code of Ordinances of the CARRYING WEAPONS AND City of Owasso. EXCEPTIONS: TRANSPORT - My Commission expires: ING CONCEALED HANDGUN PASSED and APPROVED by the City Council of the City of SECTION TWO (2): Owasso, Oklahoma on the 18th A. It is unlawful for any person, day of April 2006. except those authorized by law, /s/ Craic Thoendel Mayor to carry upon or about their per- sons or in their vehicles any ATTEST. weapon of the kind usually is /Sherrybishoo C'tvCier known as slingshot, bowie knife, dirk knife, switchblade (S E A L) . knife, spring -type knife, knife having a blade which opens APPROVED as to form: automatically by hand pressure /s/ Julie Trout Lombardi applied to a button, spring or City Attorney Pi1I3I ISIIERS'S FEE 228.00 other device in the handle of the knife, loaded cane, billy, metal knuckles, or any other offensive or defensive weapon, excluding firearms, the carrying of which is governed by State law. B. Any person stopped pur- suant to a moving traffic viola- tion who is transporting a load- ed pistol in the motor vehicle without a valid concealed hand- gun permit authorized by the Oklahoma Self- Defense Act or a valid license from another state, whether the loaded firearm is concealed or open in the vehicle, shall be issued a traffic citation in the amount of Seventy Dollars ($70.00), or such amount as may otherwise be provided in 21 0. S. §1289.13A (A), plus court costs, for transporting a firearm improperiy. In addition to the traffic citation provided in this ordinance, the person may additionally be arrested for any other violation of law. C. When the arresting officer determines that a valid hand- gun license exists, pursuant to the Oklahoma Self- Defense Act or any provision of law from another state, for any person in the stopped vehicle, any firearms permitted to be carried pursuant to that license shall not be confiscated unless: 1.The person is arrested for violating another provision of law other than that set forth in subsection (B) of this ordi- nance, provided, however, if the person is never charged with an offense pursuant to this paragraph or if the charges are dismissed or the person is acquitted, the weapon shall be returned to the person.