minps 07-01-19 - Laserfiche WebLink

Home Browse Search

MINUTES OF THE PUBLIC SAFETY COMMITTEE July 1, 2019 East Conference Room Present: Councilmembers Bullock, Litten, & O’Malley Also present: Councilmembers Anderson, George,& O’Leary,Mayor Summers,Chief Malley, Director Butler Call to Order: 6:04 p.m. AGENDA: ORDINANCE 06-19-AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least two thirds of the members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, repealingSection 549.051, Sale, Possession and use of Stun Guns, of the Codified Ordinances of the City of Lakewood as this st section is no longer enforceable. (Placed on 1reading and referred to Public Safety 2/4/19; nd 2reading 2/19/19) Chairman Bullock deferred to Director Butler to review changes that were made to the stun gun legislation and how it brings Lakewood’s law into compliance with state code.Lakewood’s initial stun gun ban ordinance was introduced and passed based on the strength of Massachusetts state stun gun banlegislation. That legislation was ultimately ruled unconstitutional by the Supreme Court, so Ordinance 05-19 was introduced as a way to merely repeal the ban. However, the City has added the regulation of stun guns to a section of the code that already regulates the use of other weapons. All redlines in the sample legislation included replace existing regulations and highlighted sections are areas that propose to change the legislation.Municipalities are able to regulate the use ofweapons but are not permitted to in regard to their sale, possession, and transport. The state government has carved out its domain in these areas. The committee discussed the coverage of the law and deemed it applies to all types of stun guns (tasers, personal safety stun guns, etc.) Director Butler gave some history on the Supreme Court case that struck down the Massachusetts law and the circumstances that brought it to the Court. The committee also discussed stun gun use in the instances of self defense and whether a requirement to forfeit arms as a result of a domestic violence situation would apply to stun guns. It was determined that there is a provision in the law that enables use in the case of self defense and that the city would be unable to regulate the possession of stun guns as it pertains to a domestic violence order. Motion by Chairman Bullock, secondedby Councilman Litten to recommend the adoption of the new substitute version. All members of the committee voting yea. Motion passed. ORDINANCE 05-19 -AN ORDINANCE to take effect at the earliest period allowed by law enacting Section 331.346, Using Mobile Telephones while Driving, of the Codified