Ordinance No. 83-60 CITY OF TIGARD, OREGON
- , ORDINANCE NO.
An Ordinance amending Ordinance 7.32.120 regulating the penalty for discharge
of firearms and declaring an emergency.
WHEREAS, carrying a loaded firearm is a Class A Misdemeanor (Ordinance 7.32.125)
and the discharging of a firearm is only a Class C Misdemeanor.
WHEREAS, a person must carry a firearm to discharge it, and the penalty in the
Tigard Municipal Code is greater for carrying the firearm than for discharging it;
WHEREAS, the City has responded to calls by residents regarding the discharge
of firearms, but the City is without authority to cite the person if the firearm
( has been discharged and an agent of the City or someone did not witness it.
WHEREAS, the City cannot arrest any person on probable rause on misdemeanor
lower than a Class "A" Misdemeanor;
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' WHEREAS, making the discharge of a firearm a Class"A° Misdemeanor will allow
the City to arrest on probable cause and to inspect the firearm to determine if it
has been discharged and to enforce its laws.
NOW THEREFORE, the City of Tigard ordains as follows:
Section 1. Code Section 7.32.120, Discharge of Weapons, is amended to read
as follows:
(a) No person other than an authorized peace officer shall fire or discharge
within the City any gun or weapon which acts by force of gunpowder or other ex-
plosive, or by the use of jet or rocket propulsion.
(b) The provisions of this section shall not be construed to prohibit the
firing or discharging of any weapon;
(1) By any person in the defense or protection of his property, person,
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or family.
(2) At any place duly designated or commonly used for targetpractice.
ORDINANCE> NO. 83-60
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(c) 71olation of thiG section is a Class A misdemeanor.
Section 2. The discharge of firearms creates a serious threat to the public
peace, health, safety and welfare of the people of the City of Tigard, and an ;
emergency is hereby declared to exist, and this ordinance shall be effective upon
its passage by the Council and approved by the Mayor.
PASSED: By the City Council, by pn e+j;n►-;iw vote of all City Council
members present, after being read by number and title only, this Cfrk —
day of , 1984.
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" DeputyXecer - City of Tigard
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APPROVED: By the Mayor this 9 n'' day of
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A: Mayor - City of Tigard
s Approved as to Form
City Attorney
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x
ORDINANCE NO. 83-60