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WA state pre-emption: county parks?

Discussion in 'Legal & Political Archive' started by Oro, Jun 29, 2009.

  1. Oro

    Oro Western WA Active Member

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    Yesterday I went to a park I'd never been to before, Lord Hill Park southwest of Monroe in Snohomish county. It is about 1300 acres and mostly 2nd growth forest, trails looping through it but mostly wilderness/forest, along the north bank of the Snohomish River about four or five miles west of downtown. At the entrance the park rules sign said prominently "No Weapons." I wasn't carrying a gun but this struck me as odd - because unless the legislature has made a particular exemption for this one county park, that's complete BS, correct?

    I use state parks and country parks a lot for horseback riding, and I have never seen a sign trying to pre-empt the state laws, even in the King County Collective. Is there actually a state enactment for Snohomish county, or are they just that legally obtuse?

    I'm not a Snohomish county resident; does anyone here know? I think if I were I'd be calling the county and finding out what law/ordinance they are citing for their authority.
     
  2. tonyspdx

    tonyspdx Gresham, OR Member

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    The law is only for discharge of weapons, not carry.


    Snohomish County Parks & Recreation
    Rules & Regulations
    All Snohomish County, Washington State and Dept of Fish & Wildlife Laws
    Are Enforced

    Alcoholic beverages prohibited SCC.10.06.010

    Park closes at dusk. No person shall enter into or be present within any county park during closed hours SCC.22.12.080

    Animals must be on leash at all times (no greater than 8') SCC.22.16.010. Owners are responsible for cleaning up their animal's waste SCC.22.16.030

    Park speed limit is 10 mph SCC.22.08.020. Unnecessary noise or joyriding prohibited, vehicle's restricted to designated parking areas and roadways only SCC.22.08.010

    No person shall possess or discharge any firearms, bow & arrow, air or gas weapons, sling shot, fireworks, or explosives SCC.22.16.090

    Motorized scooter, go-carts, and remote or line controlled aircraft, or other devices including rockets are prohibited.

    It is unlawful to destroy, injure, deface, remove, disturb any public building, sign, equipment, marker, or other structure, property, natural feature, plant or animal SCC.22.16.130

    Radios, televisions, musical instruments, and other noise producing devices shall be operated or used in such a manner so as not to disturb the park environment or other persons SCC.16.100

    It is unlawful to incite, or participate in any riots, or indulge in boisterous, abusive, threatening, or indecent conduct

    Littering or dumping of household or commercial garbage is prohibited SCC.22.12.090

    Build fires only in stoves, grills, fireplaces, or fire rings provided for that purpose SCC.22.12.070

    Feeding of wildlife prohibited SCC.22.16.160

    Use of golf clubs, lawn darts, bats, hard baseballs or other projectiles prohibited SCC.22.16.070

    Barking or aggressive dogs or other pets will not be tolerated SCC.22.16.020

    Metal detectors prohibited in turf areas. Allowed only in beach areas - repair to original condition SCC.22.16.130

    Selling or peddling of any goods or services prohibited SCC.22.16.170

    Horses and pack animals in designated areas only

    All boaters, wind-surfers, and other water users must be in by sunset

    Burning, taking, or mutilating driftwood prohibited SCC.22.16.130

    Pier and docks - No overhead casting, diving, swimming or boating under or around structure. Animals not allowed on pier or docks.

    A daily or annual parking pass, camping or yurt/cabin receipt must be purchased & displayed on dash SCC.22.08.050

    Camping prohibited in day-use parks

    No person shall enter onto any ice formed body of water SCC.22.16.120


    10.12.020 Shooting unlawful.
    It is unlawful for any person to discharge firearms or any instrument of the kind commonly known as a pellet gun, b-b gun, sling or sling-shot in any of the no-shooting areas as described in SCC 10.12.010; PROVIDED it is not unlawful to discharge firearms or any instrument of the kind commonly known as a pellet gun, b-b gun, sling or sling-shot in the lawful protection of persons or property in such "no-shooting areas," nor shall it be unlawful for any persons, firms or corporations, or his or her or their agent or representative to discharge such firearms or instruments in the course of slaughter of domestic animals for commercial or domestic purposes or for the Washington state game department or duly authorized agents thereof to shoot or destroy merganser ducks or any other fish-eating ducks which they might designate. Discharging such firearms or instruments at shooting ranges (as defined in SCC 30.91S.180) which are sited, developed and operated in accordance with all the provisions of Title 30 SCC, or in county parks at times and in areas specifically designated by the parks division and posted for such use pursuant to SCC 22.16.090, shall not be deemed an unlawful action under this section.

    (Res. adopted Nov. 17, 1969; Res. adopted Feb. 24, 1964; Amended Ord. 91-077, § 3, June 5, 1991; Emerg Ord. 06-095, Oct. 16, 2006, Eff date Oct. 16, 2006).

    22.16.090 Weapons and fireworks.
    No person shall possess or discharge any firearm, bow and arrow, air or gas weapon, slingshot, fireworks or explosive in any county park except at times and in areas specifically designated by the parks division and posted for such use.

    (§ 28 of Res. adopted April 22, 1974; Amended Ord. 93-066, Aug. 18, 1993, Eff date Aug. 28, 1993; Amended Ord. 98-076, § 28, Aug. 19, 1998, Eff date Aug. 31, 1998).
     
  3. Oro

    Oro Western WA Active Member

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    No, it says "discharge OR possess" - see the 5th line you quoted above, underneath "speed limit". Here is the actual county ordinance I found elsewhere just now, and you also cited above. The "discharge" clause applies to county-zoned "no shooting" areas that are mapped and posted; this is different. This specifically bans the possession of firearms in county parks:

    So they must not enforce it, because I can not for the life of me understand how it would stand up.
     
  4. tonyspdx

    tonyspdx Gresham, OR Member

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    They cant enforce this rule. People have talked about this before, but the rule is still on the books
     
  5. Oro

    Oro Western WA Active Member

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    Maybe I will take some brown spray paint next time and help them get their signage back into legal form!

    Actually, the new VP of the Washington Arms Collectors is a prosecuting attorney for Snohomish county. Next time I see him I will ask him how to go about getting get this fixed.
     
  6. tionico

    tionico Thurston County Well-Known Member

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    Perfect!!! Go for it!!