Minutes - 07/15/1994 Spec Mtg
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SPECIAL COUNCIL MEETING MINUTES
July 15, 1994
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QQQ.1. DATE. COUNCIL CHAMBERS. CITY HALL, CITY OF WOODBURN, COUNTY
OF MARION, STATE OF OREGON, JULY 15, 1994.
QQQ3. CONVENED. The Council met in a special meeting at 7:00 p.m. with Mayor
Kelley presiding. He read the special meeting notice which was issued
pursuant to Section 12 of the City Charter and not withstanding ORS
192.640(3).
QQQS. ROLL CALL.
Mayor
Councilor
Councilor
Councilor
Councilor
Councilor
Councilor
Kelley
Figley
Galvin
Hagenauer
Jennings
Mitchell
Sifuentez
Present
Present
Present
Absent
Present
Present
Present
Staff Present:
City Administrator Childs, City Recorder Tennant
QQ2.S. Mayor Kelley stated that the purpose of the meeting was to consider the
request from the American Legion Post 46 to fire ceremonial volley in
conjunction with a flag-raising ceremony scheduled for Saturday, July 16th at
City Hall. The flag would be raised and lowered in conjunction with the
honoring the firefighters who died in a recent wildfire in Colorado.
0050 JENNINGS/MITCHELL... upon review of City Ordinance 1900, Section 5,
Discharge of Weapons, and reviewing the City Attorney's preliminary legal
research of ORS 166.015, Unlawful use of Weapon, I make the motion that
the firing of a volley by the Woodburn American Legion at the flag dedication
on July 16, 1994 be in order. This motion is made realizing that all advice
provided to the City Council reflects that the discharge of any weapon could be
in violation of State Statute and City Ordinance. However, I believe that the
ceremonial discharge of a weapon that is inspected to contain blanks is not
technically prohibited.
Councilor Figley stated that even though there seems to be a technical
violation of law, she would vote in favor of the motion out of respect for the
flag and the firefighters.
Page 1 - Special Council Meeting Minutes, July 15, 1994
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SPECIAL COUNCIL MEETING MINUTES
July 15, 1994
TAPE
READING
0100 Councilor Mitchell also expressed his opinion that he considered it offensive
that actions taken by a service organization are considered the same as a
driveby shooting as referred to within the City Attorney's memo and Police
Chief Wright's comments made at the previous Council meeting.
On roll call vote, the motion passed 4-1 with Councilor Galvin voting nay.
QZQZ JENNINGS/SIFUENTEZ.... the City Council request staff to review Ordinance
1900 and include sections for the allowance for permitting the ceremonial and
demonstration discharge of firearms where no projectile, and only blanks, are
involved. Further, that within this permit process, permits would only be
issued to bonafide groups, individuals or organizations.
Councilor Jennings stated that he had met earlier with Attorney Shields and it
was determined that the Council could modify our ordinance without violating
any laws.
On roll call vote, the motion passed 4-1 with Councilor Galvin voting nay.
0247 ADJOURNMENT.
JENNINGS/FIGLEY... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 7:09 p.m..
APPROVED~ ~
LEN ELLEY, MA OR
ATTEST
Mary Te nant, Recorder
City of Woodburn, Oregon
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