01/27/1986 Meeting (2) - Laserfiche WebLink

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- Ms. Ehrman moved, seconded by Ms. Schue, to approve Final Order No. AZ 85-4 to rezone property on the south side of West 11th Avenue west of Willow Creek Road from County RA Suburban Residential District to City RA Suburban Residential District. Roll call vote; the motion carried unanimously, 7:0. C. Ordinance Concerning Prohibited Weapons (memo, ordinance distributed) City Manager Micheal Gleason introduced the agenda item. Randy Wight of the Police Department gave the staff report. He said ordinances that prohibit the possession of certain weapons have been declared unconstitutional. However, ordinances can regulate the way weapons are possessed and used. e Mr. Wight said weapons-related offenses and associated criminal conduct have increased in the city. The proposed ordinance was drafted in response to concerns and inquiries from the councilors. Mr. Wight reviewed each section of the ordinance. He said a concealed weapon is defined in Section 4.880 as a weapon which is on or about a person so that it is readily available for use as a weapon. Weapons in the trunks of cars or weapons carried so that they are not readily available for use are not considered concealed weapons. Mr. Wight said a representative of the National Rifle Association (NRA) was concerned about the proposed regulations pertaining to the possession of loaded firearms at a person's residence or place of business. As a result, an amended ordinance was distributed to the councilors. In the amended ordinance, sub-sections (4) were added to Section 4.886 and Section 4.888. City Attorney Tim Sercombe said the sub-sections create affirmative defenses to the charge of possession of a loaded weapon or a concealed weapon if the possession is in the person's residence or place of residence. At Mr. Hansen's request, the amended ordinance was distributed to people in the audience. Mr. Sercombe said the City's previous ordinances which prohibited weapons were repealed because they were unconstitutional. In the fall, the council reacted to a rise in violence, threats, and aggression on the mall by asking for a new ordinance which would be constitutional and provide proper enforcement. Answering a question from Ms. Ehrman, Mr. Wight said police officers usually jUdge intoxication without using a Breathalyzer. He doubted the police would request a Breathalyzer test when people are charged with offenses in the proposed ordinance. Responding to a question from Ms. Schue, Mr. Sercombe said an affirmative defense places the burden of proof on the defendant to prove the facts. If a person can demonstrate the facts to the police, the person probably will not be arrested. If there is a dispute about the facts, the defendant has to prove them in court. The proposed regulations allow a person who has a permit to carry a gun. They allow people such as chefs to carry weapons like knives to and from work if the weapons are used lawfully in the person's work. e MINUTES--Eugene City Council January 27, 1986 Page 11