ORDINANCE 8868

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS AMENDING CHAPTER 14, SECTION 14-407 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2011 EDITION AND AMENDMENTS THERETO, PERTAINING TO THE UNLAWFUL DISCHARGE OF FIREARMS IN THE CITY OF LAWRENCE.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

SECTION 1.   Chapter 14, Section 14-407 of the Code of the City of Lawrence, Kansas 2011 edition and amendments thereto, is hereby amended to read as follows:

14-407  DISCHARGING FIREARMS.  UNLAWFUL DISCHARGE OF A FIREARM.

No person shall discharge or fire off any firearms of any kind within this City.  The provisions of this Section shall not apply however, to the discharge of firearms by officers of the law, when necessary in the discharge of their official duties, to the discharge of firearms in any licensed shooting gallery in this City, to any officer or enlisted man of the Kansas National Guard while in the discharge of his or her duty, or to any person using such firearm to lawfully defend his or her person, property or dwelling.

(A) Unlawful discharge of a firearm is the reckless discharge of a firearm within or into the corporate limits of the City.

(B) This section shall not apply to the discharge of any firearm within or into the corporate limits of the City if:

(1) The firearm is discharged in the lawful defense of one’s person, another person or one’s property.

(2) The firearm is discharged at a private or public shooting range.

(3) The firearm is discharged by authorized law enforcement officers, animal control officers or a person who has a wildlife control permit issued by the Kansas Department of Wildlife, Parks and Tourism.

(4) The firearm is discharged by special permit of the Chief of Police.

(5) The firearm is discharged using blanks; or

(6) The firearm is discharged in lawful self-defense or defense of another person against an animal attack.

SECTION 3. If any section, clause, sentence, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.

SECTION 4.  This ordinance shall be in full force and effect on and after July 1, 2013 and after its passage and publication according to law.

PASSED by the Governing Body of the City of Lawrence, Kansas, this ___day of June, 2013.

APPROVED:

_____________________________

Michael Dever, Mayor

ATTEST:

__________________________________

Jonathan M. Douglass

City Clerk

APPROVED AS TO FORM AND LEGALITY

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Toni R. Wheeler

City Attorney

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NOTICE TO PUBLISHER

Publish one time and return one Proof of Publication to the City Clerk and one to the City Attorney.