CITY OF HOMER

HPD/City Manager

HOMER, ALASKA



ORDINANCE 03-47



AN ORDINANCE OF THE HOMER CITY COUNCIL AMENDING HOMER CITY CODE CHAPTER 5.28, BY ADDING SUBSECTION 5.28.040, DEFINITIONS, TO INCLUDE A DEFINITION FOR FIREARM.

WHEREAS, HCC 5.28 is the chapter on firearms under Title 5, Health and Public Safety; and

WHEREAS, The Police Department has noted the deficiency in the Homer Code of a definition for firearm; and

WHEREAS, The Police Department recommends that the definition in AS 11.81.900(b)(25) be used.

NOW, THEREFORE, THE CITY OF HOMER ORDAINS:

Section 1. That Homer City Code Chapter 5.28 is hereby amended by adding a new subsection to define firearm to read as follows:

FIREARMS (1)

Sections:

5.28.010 Discharge of firearms prohibited.

5.28.020 Exception.

5.28.030 Penalty.

5.28.040 Definitions.

5.28.010 Discharge of firearms prohibited. No person shall discharge a firearm within the corporate limits of the City. (Ord. 80-6 §3(part), 1980; prior code §10-100.1).

5.28.020 Exception. The prohibition of discharge of firearms shall not apply to a law officer in the performance of his duty, or to the use of target ranges authorized by the Chief of Police, or protection of life or property. (Ord. 80-6 §3(part), 1980; prior code §10-100.2).

5.28.030 Penalty. The violation of any provision contained in this chapter shall be punished by a fine not to exceed three hundred dollars and/or confiscation of the violator's firearm(s) upon order of the Court. (Ord. 80-6 §3(part), 1980; prior code §10-100.3).

Page Two

Ordinance 03-47

City of Homer

5.28.040 Definitions. "Firearm", means a weapon, including a pistol, revolver, rifle or shotgun, either loaded or unloaded, operable or inoperable, designed for discharging a shot capable of causing death or serious injury. (Ord. 03-47, 2003.)

Section 2. This ordinance is of a permanent and general character and shall be included in the City Code.

ENACTED BY THE CITY COUNCIL OF HOMER, ALASKA this ________ day of ______________, 2003.

CITY OF HOMER

_____________________________

JACK CUSHING, MAYOR

ATTEST:

_____________________________________

MARY L CALHOUN, CMC, CITY CLERK


YES:

NO:

ABSTAIN:

ABSENT:

First Reading: ___________

Public Hearing: __________

Second Reading: _________

Effective Date: __________



Reviewed and Approved as to form and content:



__________________________ _________________________

Walt E. Wrede, City Manager Gordon J. Tans, City Attorney

Date: _______________ Date: _______________

Fiscal Note: NA

1. For statutory provisions authorizing municipalities to provide for the general safety, see A.S. 29.35.210. Prior ordinance history: Ordinance 71-8.