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ORDINANCE NO, /$$~~~ <br />AN t~RDINANCE CONCERNING PROHIBITED WEA~aNS~ ,ADDING <br />~ NEW SECTIaN 48030 To THE EUGENE CoDE~ 1971; AMEND <br />ZNG SECTION 4890 OF ThAT CODEi A,ND DECLARzNG Al <br />E~~ERGENCY <br />THE CITY 4F EUGENE DOES ORDAI~~ AS F4LLOWSa <br />Section 1, There is hereby added to the Eugene Code, 1971, <br />a new section to be numbered and providea <br />4 , 0 3 0 Defense, and Affirmative Defense , <br />~1} As used in this chapter, when a "defense"', <br />other than an "affirmative defense" as defined in sub- <br />section ~2} of this section, is raised at a trial, the <br />city has the burden of disproving the defense beyond a <br />reasonable doubt. <br />~~} When a defense, declared to be an "affirmative <br />defense" by this code is raised at a trial, the defendant <br />has the burden of proving the defense by a preponderance <br />of the evidence. <br />~3} The city is not required to negate a defense <br />as defined in subsection ~1} of this section unless it is <br />raised by the defendant. "Raised by the defendant" means <br />either notice in writing to the city at least 5 days prior <br />to the commencement of trial or affirmative evidence by a <br />defense witness in the defendant's case in chief. <br />Section 2. Section 4.890 of the Eugene Code, 1971, is hereby <br />amended to read and provide <br />4.890 Weapons -~ Possession Prohibited. <br />~1} Except as provided in subsection t3} of this <br />section, no person, in a public place, motor vehicle, or <br />upon private premises extended to the public for use, shall <br />carry upon his or her person or have in his or her possession <br />or under his or her control any dangerous weapon, <br />.~2} As used in this sections "dangerous weapon" shall <br />include: <br />~a} A~~ knife having a blade which is sharpened <br />on one edge and ~,s 3~1~2 inches or more in length; <br />~ b } Any kn.~ f e ~ regardless of blade length, <br />having a blade released by a spring mechanism <br />commonly known as a "sprung blade" d "sw,itch~blade" <br />or "push button'' knife; <br />~c} A di~rk~ dagger, or st~,letto kn~.fe, or any <br />other similar knife with a blade sharpened on both <br />edges; <br />~ d} A straight razor ~ bolo: knif e ar bayonet; <br />Ordinance - 1 <br />