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HomeMy WebLinkAboutOrdinance No. 18512ORDINANCE NO, /$$~~~ AN t~RDINANCE CONCERNING PROHIBITED WEA~aNS~ ,ADDING ~ NEW SECTIaN 48030 To THE EUGENE CoDE~ 1971; AMEND ZNG SECTION 4890 OF ThAT CODEi A,ND DECLARzNG Al E~~ERGENCY THE CITY 4F EUGENE DOES ORDAI~~ AS F4LLOWSa Section 1, There is hereby added to the Eugene Code, 1971, a new section to be numbered and providea 4 , 0 3 0 Defense, and Affirmative Defense , ~1} As used in this chapter, when a "defense"', other than an "affirmative defense" as defined in sub- section ~2} of this section, is raised at a trial, the city has the burden of disproving the defense beyond a reasonable doubt. ~~} When a defense, declared to be an "affirmative defense" by this code is raised at a trial, the defendant has the burden of proving the defense by a preponderance of the evidence. ~3} The city is not required to negate a defense as defined in subsection ~1} of this section unless it is raised by the defendant. "Raised by the defendant" means either notice in writing to the city at least 5 days prior to the commencement of trial or affirmative evidence by a defense witness in the defendant's case in chief. Section 2. Section 4.890 of the Eugene Code, 1971, is hereby amended to read and provide 4.890 Weapons -~ Possession Prohibited. ~1} Except as provided in subsection t3} of this section, no person, in a public place, motor vehicle, or upon private premises extended to the public for use, shall carry upon his or her person or have in his or her possession or under his or her control any dangerous weapon, .~2} As used in this sections "dangerous weapon" shall include: ~a} A~~ knife having a blade which is sharpened on one edge and ~,s 3~1~2 inches or more in length; ~ b } Any kn.~ f e ~ regardless of blade length, having a blade released by a spring mechanism commonly known as a "sprung blade" d "sw,itch~blade" or "push button'' knife; ~c} A di~rk~ dagger, or st~,letto kn~.fe, or any other similar knife with a blade sharpened on both edges; ~ d} A straight razor ~ bolo: knif e ar bayonet; Ordinance - 1 ~8siz ~ e } An ice pick oz any other needle-~ ,like ~ sharply pointed device; ~ f' } A hatchet or aye; fig} A b lackaack~ bludgeon, billy club, sand club, slungshot, sap gloves metal knuckles, or any other object converted or designed to be used as a slugging type devices ~h} A n~anchaku. ~3} The fallowing persons, under the circumstances indicated, shall be excepted from the prohibitions of subsec- tion ~1} of this section; provided however that these excep- tions shall be strictly construed; ~a} Peace officers who bald dangerous weapons, not otherwise prohibited by state law, while engaged in performance of their duties; fib} wholesale or retail stores, antique dealers, pawnshops, auction businesses and weapons collectors who hold dangerous weapons, not otherwise prohibited by state law, for sale or transfer in the ordinary course of trade or business, or for display. ~ 4 } It shall be an affirmative defense to any prosecur• tion for a violation of subsection ~ 1 } of this section that s ~a} The person charged was transporting the danger- ous weapon, the possession or carrying of which is nat otherwise prohibited by state law; ~n~ fib} The person charged was transporting or carry- ing the dangerous weapon in a closed container or other- wise in such a manner that the weapon was not readily available for use as a weapon r ~~~ ~c} The person charged was transporting the danger- ous weapon far purposes of, or in return from, the sale, repair, transfer, or display of such weapon by or from a person otherwise excepted from these prohibitions under subsection ~3} fib} of this section; and, ~d} 5uch transport was or would have been final within the day of sale, transfer, or display. ~'or pus-~ poses of this subsection "final°' shall mean termina- tion of the transport to private premises within the city limits or taking the weapon outside of the city limits. ~5} It shall be an affirmative defense to any prosecu- tion for a violation of subsection ~l} of this section involy- ing the f o~.lowing dangerous weapons ~a} Any knife covered by subsection ~~} ~a} of this secta,on; or fib} A straight razor; 4 c } An ice pick; ~d} A hatchet or axe; or fie} A bludgeon or billy club that at the time of the a~,~.eged violation ~ the pon listed i~ this subsection wasp ~a} In good faith in the person's control for lawful use in an occupation or for the purpose of recreation, and dangerous wea- possession or or employment ordinance - 2 Ig5tz ~b7 The person was actively engaged in such occupa- tion~ employments ar recreation or is~tra,nsporting such weapon to or from, such occupations employment or recrea~ tionf provided that any weapon so transported be taken directly to its lawful destination and be transported in a closed container or in such a manner that the wea- pon is not readily available for use as a weapon. For purposes of this subsection, °'recreation" shall mean a structured and functional activity or a game or sport, Section 3, That the provisions contained herein concern the public health, welfare and safety, and therefore an emergency is hereby declared to exist. and this Ordinance shall become effective immediately upon its passage by the City Council and approval by the Mayor. Passed by the City Council this ~ da of 19 7 9 . y ~S ~ i. ~ ... ity Recor r Approved by the Mayor this ~~ day of oC~+ 1979. l ,~- Mayor Ordinance - 3.