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HomeMy WebLinkAbout6569 ORDINANCE NO. 6 5 6 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTION 9.34.030 OF THE AUBURN CITY CODE RELATING TO DISCHARGE OF FIREARMS WITHIN THE CITY LIMITS, AND CREATING A "NO SHOOT" AREA EXEMPTION FOR WILDLIFE DEPREDATION CONDUCTED AT THE AUBURN MUNICiPAL AIRPORT WHEREAS, the City of Auburn (the "City") owns and operates the Auburn Municipal Airport / Dick Scobee Field (the "Airport"), located within its city limits; and WHEREAS, 4he Airport has become one of the top-ten busiest general aviation airports in the State of Washington, based on numbers of take-offs and landings by helicopters and small planes; and � WHEREAS, the Airport is regulated by the Federal Aviation Administration (the "FAA"), which may impose requirements upon airport operations and facilities to promote the public's safety; and WHEREAS, the FAA has prompted the City employ a wildlife biologist to study and report upon the hazards posed to the Airport's operations by waterfowl and other wildlife on the grounds and in the vicinity of the Airport; and WHEREAS, the City has developed a Wildlife Hazard Management Plan to govern wildlife management techniques used to reduce the potential for strikes between wildlife and aircraft operating at the Airport; and WHEREAS, the City has obtained a mig�atory bird depredation permit issued by the U.S. Fish 8 Wildlife Service, authorizing the taking of birds ------------------------- -- Ordinance No. 6569 August 17, 2015 Page 1 of 3 otherwise protected under the Mig�afory Bird Treaty Act in combination with a regimen of non-lethal measures to control birds at the Airport; and WHEREAS, the Auburn City Code provides that fhe entire area of the City is designated as a "no-shoot area" in which it is unlawful to discharge a firearm except under statutorily authorized exceptions such as self-defense or defense of others. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to Citv Code. That Chapter 9.34 of the Auburn City Code, "Firearms, Dangerous Weapons, Explosives," is amended at Section 9:34.030 to read as follows: 9.34.030 Discharge of firearms in city prohibited. The entire area of the city is a "no shooY' area. It is unlawful to shoot or discharge any firearm, pistol, rifle or similar device anywhere within the corporate limits of the city exceat as provided herein ^'�°• ��^^ f^� '"° ^��•~^°°° ^F +�e ..u�� ..;s;e.� o��ni oe ,a non For the purpOSeS Of this section, "pistol" and "rifle" shall include but are not limited to pellet guns, B-B guns, air-propelled guns and similar devices. This qrohibition.shall not applv to the followinq: A. The exercise of riqhts soecified in RCW 9A.16.020: or B. The discharQe of a firearm at the Auburn Munici�al Airoort, orovided that such discharqe mav oniv be conducted.bv Citv officials or aqents in compliance with the provisions of a Wildlife Hazard Manaaement Plan accepted bv the Federal Aviation Administration, and provided further that for anv bird species protected bv the Miaratorv Bird Treatv Act (16 U.S.C. 703-712) the shootinq activities shall complv with the terms of a current Miqratorv Bi�d Depredation Permit issued bv the U.S. Fish and Wildlife Service. Anv discharqe of firearms at the Auburn Municipal Airport shall be documented and shall be conducted so as to minimize the risk of iniunr to persons or to reaL or personal ro e (Ord. 5682 § 1, 2002.) Ordinance No. 6569 AugusY17, 2015 Page 2 of 3 Section 2. Imalementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 3. Severabilitv. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 4. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: AU6 2 4 2015 PASSED: AUG 2 4 2015 APPROVED: AUfi 2 4 2015 CITY OF AUBURN ATTEST: � � 6 �� NANC CKUS, MAYOR Da 'elle E. Daskam, City Clerk APP VE S TO FORM: Da 'el B. id, i Attorn Published: ���-7�/s Ordinance No. 6569 August 17, 2015 Page 3 of 3