HomeMy WebLinkAboutCouncil Workshop Minutes 09.25.2012 MINUTES
COUNCIL WORKSHOP
SEPTEMBER 25, 2012 6:30 P.M.
COUNCIL CHAMBERS
A Council Workshop was held in the Council Chambers and called to order by Mayor Ken Olson at
6:30 p.m. on September 25, 2012.
COUNCIL MEMBERS PRESENT:
_x Emelie Eaton _x_ Doug Poehls
x Bruce McGee x Mark Mace
x Scot Stokes _x_ Chuck Dickerson
Tom Nelson x Bill Mountsier
OTHERS PRESENT:
Heidi Jensen, CAO Monica Plecker, City Planner
Public Input (three - minute limit):
Citizens may address the Council regarding any item of City business not on the agenda. The duration for an individual
speaking under Public Input is limited to three minutes. While all comments are welcome, the Council will not take action
on any item not on the agenda.
There was no public input.
General items
J.W. Hopper and Brandon Rogge invited the council to the Laurel Fire Department's Safety Day on
October 6 at the Laurel High School. J.W. explained the planned activities, which include static
displays from surrounding fire departments, law enforcement, military and EMS. Demonstrations will
include the K -9 rescue dog, live car extrication, bike and water safety, fire extinguisher training, and
wild land fire safety. Opening ceremonies start at 9:00 a.m.
Executive Review:
• Great West Engineering — Environmental Assessment and Public Hearing
Heidi Jensen stated that the update was to inform the council that the Environmental Assessment (EA)
for the sewer treatment plant has been completed, reviewed by DEQ, and returned to the city to be
notified to proceed forward. The plans are at 95 percent, as the engineers were waiting for the EA to
be returned in order to make any required changes. As soon as the plans are 100 percent complete, the
city will go out to bid and get the process started, especially since the city must meet the UV deadline.
• Laurel Little League — Proposal to develop a baseball field at Fir Field
Mayor Olson stated that Mr. Linse and Mr. Crowl showed up to represent the American Legion and
the Little League. At this time, the council does not have a recommendation to follow for the baseball
field at Fir Field. The Park Board will schedule a meeting soon to get the needed recommendation.
After a recommendation is received from the Park Board, the item will be placed on a workshop
agenda.
Council Workshop Minutes of September 25, 2012
Mark stated that the Park Board and Little League were waiting for each other to confirm. The Park
Board has not voted on the issue and a meeting will be scheduled soon.
• Ordinance — Curfews
Heidi stated that she and the city attorney have been working on the curfew issue, which has become a
little muddy. As he stated two weeks ago, the chief of police is not in support of changing the curfews
and he asked Heidi to relay that information to the council again. Heidi stated that the curfew times
are different and the park hours are consistent throughout the week. Curfew is 11:00 p.m. on Monday
through Thursday and 1:00 a.m. on Friday and Saturday. She asked for more direction as to whether
the council is interested in changing all the curfew times, just the weekend curfew times, or adopting
the park times to match amended new curfew times.
Chuck stated that his reasoning to have a curfew that matches the park hours is because there are issues
when the park is closed and people are in the park after it is closed because the curfew is after the park
is closed. Whether the police chief agrees or not, his feeling is that people should not have to be
confused as to park closure and curfew times. He feels strongly that the city is getting big enough and
people are so concerned with the activities going on in the park that the curfew should match the park
hours, whether it is midnight or 1:00 a.m.
Heidi stated that on Monday through Thursday, the curfew time is 11:00 p.m. but the park closure time
is 12:00 midnight. On Friday and Saturday, the curfew time is currently 1:00 a.m. and the park closure
time is midnight. She asked if the curfew times should be the same or just the weekend ones amended
to midnight.
Chuck stated his recommendation that the park closure and curfew be at 12:00 a.m. on Monday
through Sunday.
Scot stated that the same problems would continue for the folks by the parks if the curfew changes
from 11:00 p.m. to 12:00 a.m., and it would give kids an extra hour to be out on the weeknights. That
would not fix the problem for the folks that live by the park.
Chuck stated that nothing would fix the problem for every resident around the parks. Something that is
uniform is needed throughout the city. There will not be a situation that is going to make everybody
happy, as was found out with the skate park. There will be opposition to the skate park no matter
which park it goes in. Chuck stated that there will be opposition to the curfew, but the city needs to get
it uniform. At 12:00 a.m. during the week, there should not be a lot of activity in the park and there is
too much activity in the parks on the weekends after the parks close because the curfew is 1:00 a.m.
Mayor Olson stated that the council would be provided with a recommendation from the staff that will
most accurately reflect what has been presented tonight to give the council an opportunity to weigh in
on the merits of the curfew time compared to park closure time.
• Resolution — Transit Contract with Residential Support Services
Monica Plecker explained the memorandum of understanding to enter into an agreement with
Residential Support Services that is operated out of Billings. Staff has been in discussion with RSS for
some time and trying to expand the transit service. The city has a Ford van that is currently sitting
unused, and entering into this agreement would be a way to utilize that van. The agreement mirrors the
agreement with Yellowstone County Adult Resource Alliance, including how the reimbursement
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Council Workshop Minutes of September 25, 2012
works and the need for RSS to provide an extra backup vehicle. The only difference is that Residential
Support Services will be providing regular service to Billings. Currently, the transit system only offers
a trip to Billings on the first and third Tuesdays of the month. With this agreement, there would be
Monday through Friday trips to Billings and the hours of operation would increase from the current
thirty hours per week to close to forty hours per week. The increase in operating hours is needed in
order to stay in compliance with the transit grant. This is a great opportunity for the city to expand the
service and come into compliance with MDT and the federal requirements of the funding. The drivers
will be employees of RSS, not city employees, but will be included in the city's drug testing pool.
RSS will submit their financials to the city quarterly. RSS will be reimbursed at 54 percent of the
wages through the State and then RSS will reimburse 46 percent of the remaining fuel charges to the
City of Laurel. The current budget includes the grant monies to support the increased activity.
• Resolution No. R12 -80: A resolution of the City Council accepting the East Railroad Street
Traffic Study and recommending implementation of the 35 mile per hour speed zone change.
(Council postponed consideration on September 18, 2012)
Mayor stated that a council motion on September 18 postponed consideration of the resolution to
October 2" Since a motion and second was stated on this item, only council discussion and a vote
will be needed. He asked for discussion regarding the item.
Scot stated his problem with raising the speed limit to 35. If it is raised to 35, people are going to drive
40 on it. There are people walking from Walmart at night time. He knows that Walmart was supposed
to put a path through there. In the wintertime when there is snow and the road gets plowed, people end
up walking on the street because there is no maintenance and no snow clearing of the pathway. He
stated that going 35 to 40 mph down there does not give much time to stop. If somebody is traveling
down that road at 9:00 at night, a person is only going to save seven seconds going from the Hardee's
down to Walmart. If someone cannot take seven seconds to prevent hitting somebody when they are
walking down there, that is sad.
There was discussion regarding the speed limit on West Railroad from First Avenue South to 8
Avenue. The speed limit is 25 mph to the park at South Pond, where the speed limit becomes 45 mph.
There are no sidewalks on that road.
Mayor Olson stated that a traffic study done at that location caused the county to change that speed
limit from 60 to 45 mph.
Bruce stated that the concern for pedestrians is a red herring. It is a unique little speed trap that keeps
the police department busy and generates some income, but the road has always been more like a 35
mph road to drive than a 25 mph road to drive. The council has been pursuing this for some time and
the citizens have requested it. He does not think it is going to change the safety factor for people that
decide to walk to Walmart and back.
Scot stated that part of the concern from citizens was that half of that road is 35 mph and half is 25
mph. He suggested that the whole road could be 25 mph to Walmart and 35 mph after that.
Heidi stated that the road is not a city street so the speed study was done by the State. The State
actually recommends the 35 mph to the whole road to address the issue of 25/35 and to make the
driving safer. As shown in the traffic study, 35 mph is actually on the low median for speed on that
road. People are already going 40 or 45 on East Railroad, so the speed the State has chosen is already
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Council Workshop Minutes of September 25, 2012
on the slower side of what people are actually driving. Heidi stated that the issue is on the State
Board's docket for September 28` for discussion.
There was discussion regarding the responsibility of pedestrians to be aware of traffic, similar
pedestrian issues on Valley Drive, the adequate room for pedestrians on both sides of East Railroad,
the existing gravel walkway that Walmart was required to install for pedestrians, and who is
responsible to plow East Railroad Street.
• Riverside Park Club Leases
Mayor Olson asked the representative from the club requesting permission to shoot to speak.
Curt Lord, 418 West 12 Street, stated that, at the last workshop, he requested permission for the
Laurel Rod and Gun Club to shoot trap on Sundays through the end of the year. At the same time,
people with the Laurel Rifle Club were asking for permission to continue shooting. He is still trying to
get permission for the Laurel Rod and Gun Club to shoot trap on Sundays through the end of the year.
Mayor Olson asked for any other comments from the audience in this discussion. He stated that the
audience would be able to participate, and then after audience participation closed, the council would
have discussion.
Mike Dewey, 101 West Main Street, #17, offered a suggestion to have the council discussion first so
the club members could listen and then give a reasonable and intelligent response to the concerns.
Mayor Olson read into the record some of the comments and documents that have been brought
forward on this issue in the past several years.
Mayor Olson read the following documents:
• Memorandum dated February 20, 2006 from Perry Y. Asher to Mayor Ken Olson, Council
Members Gay Easton, Mark Mace, Norm Stamper, City Attorney Sam Painter and Steve Klotz
regarding liability issues at Riverside Park.
• Memorandum dated April 9, 2009 from Sam S. Painter, Elk River Law Office, P.L.L.P., to
Mayor Ken Olson, Jr. regarding City of Laurel Weapons Ordinance: LMC Chapter 9.24.
Mayor Olson stated that the city was tasked by the citizens to contact its insurance carrier and to pose
questions of risk and coverage to the city for the operations down at Riverside Park. People in
attendance at that meeting were Alan Hulse, Chief Executive Officer of MMIA, Council Member Tom
Nelson, Council Member Bruce McGee and Mayor Olson.
Mayor Olson read the following documents:
• The recollection of the meeting with Alan Hulse according to Tom Nelson as penned on
September 18, 2012.
• The recollection of the discussion as penned by Bruce McGee on September 18, 2012.
• The recollection of the discussion as penned by Mayor Olson.
Copies of the documents are attached to these minutes.
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Council Workshop Minutes of September 25, 2012
Mayor Olson asked for public input.
Iry Wilke, 1017 7 Avenue, is the vice - president of both of the clubs. He expressed frustration that the
clubs have only once met with the task force and have had no other opportunity to provide any input.
The council has allowed the club to shoot on a case -by -case notification for their membership party in
May and for the Big Sky State Games in July. He spoke regarding help from Friends of the NRA, the
issue of security, their offer to fence the area, their inability to police the area 24/7, the club's desire to
respond to the letters and questions and let the leases go forward, and the possibility of putting their
trap club at an outdoor range that is sixteen miles out and back.
Mayor Olson explained that the task force chairman has been out of town.
Paul Thurmond, 5000 Horizon Drive, Huntley, asked the council to consider keeping the outdoor range
open for competitions and instruction. Montana has a great tradition of small bore rim fire outdoor
shooting and it has dwindled. In its day, Laurel was one of the preeminent ranges in this half of the
country and is still the nicest one in Montana.
Steve Krum, 249 24 Avenue West, stated that there is inherent risk in every piece of property the city
has and every activity. Shooting is a tradition that is part of Laurel's heritage. He asked the council to
look hard at trying to keep the ranges open and use them as they were built to be used because it is
about instruction and achieving skills to use shotguns, pistols and rifles. Steve asked for copies of the
notes, as it was good information, and the clubs would like to help with the questions and concerns.
Mayor Olson stated that the documents are public record and copies would be provided as requested.
There will be a task force meeting after the chairman returns.
Lee Gustafson, 2040 Saddleback Drive, stated that the facility in Riverside Park is an important part of
the history and culture of Laurel and every effort should be made in that regard. He is involved in
sportsmen's issues around the state and asked if the council is aware of the statute in regard to closure
of shooting ranges.
There was a brief discussion. Mayor Olson stated that the city attorney reviewed the statute, but he
will forward the information to him for a legal opinion.
Randy Grow, 1111 Yellowstone Avenue in Billings, thanked the city council for the many years of use
of the park. He has shot at the State Games since 1986. He stated that the city has an asset in that
particular range that is unparallel, and the only range even close to this range is one in Missoula. This
range over 50 years ago was so well designed and engineered that it stands today. He continued to
speak regarding the fact that there have been no incidents at the range, the interest in hosting club
matches and regional competitive shootings, and insurance issues.
Herb Stoick, 3319 River Road, is president of the Rod and Gun Club. He stated that the clubs have
resources to put in place to guarantee safety with fencing and signage. He does not agree with the
issue of growth in the area with the river issues and the floodplain designation. There is no recollection
of anybody being injured there. The club has a hold harmless clause, coinsurance and well - trained
instructors. The club wants to see shooting to be allowed.
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Council Workshop Minutes of September 25, 2012
Del Henman 1433 Emerick Lane, is a long -time member of the Rod and Gun Club and would like to
keep shooting there. He understands the liability issues and stated that the club is willing to do
whatever it takes to minimize any risk, to fence it, and to keep it members only. Shooting is always
very well administered. There is no drinking on the range and anybody that has had alcohol is not
allowed to shoot a firearm.
Patrick Billman, 15 4 Avenue, stated that the city of Laurel is building parks for people to enjoy.
There is going to be liability with the skate park. He stated that Riverside Park is already set up and he
has never seen anybody injured there. It is nice to take a gun and enjoy an indoor facility. The club
maintains the buildings and grounds. People that live on the outside of the range have told him that
they have had no problems with vandalism, shooting, ricochets, noise, or any type of criminal activity.
He asked to continue to use the indoor and outdoor ranges as the building and range already exist.
Ernie Freund, 404 East 9 Street, has been a member of the Rod and Gun Club for many years and the
club has been shooting trap there over 70 years. He thinks they would still be shooting if the flood had
not come. He understands liability and thinks they are pretty careful. Ernie suggested that Riverside
Park does not qualify as a city park. It might be a recreational area, but is not like Thomson Park or
Kiwanis Park. He would like to see the clubs be able to shoot.
Iry Wilke stated his observation that the meeting did not start with the pledge of allegiance. He was
disappointed and would like to see that begin.
Curt Lord stated that the clubs are willing to work with whatever needs to be improved to make this
happen, as it is a great asset to the community and the kids.
Ben Lewis, 1029 Alder Avenue, stated that the facility is already set up and ready to go. Trap shooting
is available and they would like to have the availability of using it and the clubhouse.
Mike Connolly, 2630 North Ramshorn Drive, is a past board member of the Laurel Shoot Education
Program, which is the youth program that shoots BB guns and air rifles at the park. Both clubs have
opened up their doors to these kids. On Monday night, eighty to one hundred kids shoot BB guns and
air rifles and 4 -H provides air rifle and archery programs. Mike spoke regarding the educational
programs for kids, the instructors, public support for the programs, a similar program in Belgrade, and
the need to continue providing the instruction and education program for the youth of Laurel.
Mayor Olson closed the audience participation and asked for council discussion.
Bruce stated that he is an avid shooter, reloader and sportsman and has no vendetta against any
shooting activities or shooting sports. He has a great deal of concern about an open range that may not
be open to the public and is not presently leased to the entity. He is greatly concerned about a possible
incident with somebody, possibly someone not even associated with the shooting organizations, and
the liability issues that could happen. He stated that the outdoor shooting facility is an uncontrolled
environment, as it is not fenced or patrolled. He represents all of the citizens of his ward, not just those
who are avid enthusiasts, and expressed concerns about possible future liabilities to the city and
taxpayers. He stated that the council needs to look at all of the shooting aspects one by one. He thinks
it is an issue of control. He is interested in probing future leases and a partnership with the city. In his
view, it is not a question of shooting or no shooting. It is a question of what is controlled and what is
not and what needs to be done for the citizens to protect this community.
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Council Workshop Minutes of September 25, 2012
Doug asked if he could ask Iry Wilke some questions. Mayor Olson allowed his request as long as
decorum continued throughout the entire time.
Doug asked Iry if the shooting of the air rifles and BB guns is done inside.
Iry stated that the BB gun shooting is done in the Jaycee Hall and the air rifle shooting is done in the
Rifle Club.
Doug asked where rim fire shooting is done.
Iry stated that rim fire shooting is primarily indoors. The State Games event is done outdoors at the
facility that was set up many years ago for the one day competition. Some rim fire shooting is done
outside. The club members have always had the opportunity to shoot outdoors and bring their own
ammunition and targets and take them away.
Doug asked Iry to define small bore and where that takes place.
Iry explained that small bore is primarily rim fire and is done indoors.
Doug stated that the club's long gun range is 16 miles out of town and is essentially for hunting rifles
and pistols. He asked how difficult it would be to move the trap and establish the range in a different
location.
Iry stated that it is a matter of laying out a range and building the bunker for the traps. The current
traps would be destroyed because the shelters are concrete and cannot be moved.
Doug thanked Iry for the information. The task force typically presents a recommendation, but he
needed the education to determine the best use of the park for the most people in the City of Laurel. A
skate park would be established for a specific group of people. That does not preclude having another
park for another specific group of people. The council needs to figure out how to mitigate the
concerns and the risk assessment.
Emelie asked regarding the dated material in 2006 and 2009 and the lack of information since then.
Mayor Olson explained that Elk River Law Office was presented a question about the issue of
annexation in 2009 when the city council was actively pursuing the idea of annexation of Riverside
Park. At that time, the council decided not to go forward with that. When Mr. Asher talked to Mr.
Worthington in 2006, the task force did not come forward with a resolve. Currently, there is a task
force reviewing the issues.
Mark spoke regarding the different shooting programs, the need for qualified teachers, concern with
people possibly shooting large bore rifles at the berm in front of the river, concern with the amount of
lead at the park, and the need to see the issues resolved by the current council.
Doug agreed that the council needs to resolve the issues regarding the leases and the organizations.
Emelie asked if the leases depended on which buildings were damaged in the flooding.
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Council Workshop Minutes of September 25, 2012
Mayor Olson explained that the Rod and Gun Club's building sustained physical damage and a large
amount of mold needs to be mitigated. The budget includes $28,000 to help remediate those concerns.
The septic systems are another concern at Riverside Park.
Bill stated that he has been shooting for 40 years and is an instructor. There is no way he can make a
decision without seeing and evaluating what the club is doing there. Since he has the background, he
offered to observe the club and report back to the council.
There was discussion regarding his offer of assistance to the task force, the need for a timeline for
completion of the shooting and lease issues, the Mayor's proposal for the task force to have a timeline
determined by October 30 the Rod and Gun Club's request to shoot trap on Sunday afternoons for
the rest of the year, the need to have protocols in place, the request for Bill's recommendation at the
council meeting on October 2° confusion regarding getting a recommendation without observing
shooting at the park, and the proposal to allow the Rod and Gun Club to shoot on Sunday, September
30 in order for Bill to observe the shooting and protocols.
Mayor Olson emphasized the need to have an established shoot master and to have protocols at a
shooting event.
There was further discussion about other council members observing the trap shooting on Sunday, the
work that the task force must put in and the responsibility of the city to insure the best interests of the
city, the suggestion to provide meeting minutes to the various organizations, and the need for the task
force to meet again soon.
Other items
• Resolution — Contract with Rain for Rent to clean the old water intake
Heidi stated that, as the council is aware, there are some water issues at the water intake. The city
would like to have the old water intake cleaned out in order to check its viability. If the water becomes
very low and pumping is necessary this winter, it might be easier to pump to the old intake than to
pump to the current intake. The resolution authorizes Rain for Rent to perform that work for the city.
If the council approves the contract, Rain for Rent would use their hydraulic pumps to clean the
sediment out of the old intake. The city would provide the fire hose and the city would check its
viability. Staff recommends that the contract goes forward to make sure the city continues to have
drinking water.
There was a question about the status of the water issue and why the city has not been put on water
restrictions for lawn watering if the water is so low.
Heidi explained that the water in the tank needs to keep circulating. The tank can only drain 2 million
gallons before the water cannot be used, which is what happened with the water main break in front of
IGA earlier this summer. With the way the system is designed, there are not really water restrictions.
The city does encourage people to conserve water, and people are already conserving water going into
fall. The city just needs to make sure to keep the flow over the top of the intake so that the water
continues to move through the pipes and the reservoir in town. The way the system is designed, the
city would have to pump water in if the intake could not be used. But people would still need to use
the water because the water needs to keep flowing in order to keep the reservoir moving up and down,
and water is needed for the refinery and fire flow. The water has to be used in order to make the
system work.
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Council Workshop Minutes of September 25, 2012
The resolution and contract will be on the October 2" council agenda.
Review of draft council agenda for October 2, 2012
• Public Hearing: Environmental Assessment
Mayor Olson stated that the request from the Laurel Rod and Gun Club to use the outdoor shooting
range on Sundays through December 30, 2012 would be added to the council agenda.
Attendance at the October 2, 2012 council meeting
Emelie did not know if she would attend.
Announcements
Mark thanked the audience members for participating in the meeting.
Chuck stated that it is helpful when folks provide input about a particular issue so the council can be
more aware and educated.
Bill thanked the audience for attending. He did not know about the number of kids that are
participating in the shooting programs, which he thinks should be promoted.
Bruce affirmed what other council members said about the participation and the city's form of
government working.
Mayor asked if the council had signed the letter.
Mayor asked Iry Wilke, Bruce McGee and Bill Mountsier to wait after the meeting to schedule a
meeting. He also thanked the audience members for attending tonight's meeting.
Mayor mentioned that the League of Cities and Towns meeting in Kalispell starts on October 2'
The council workshop adjourned at 8:42 p.m.
Respectfully submitted,
Cindy Allen
Council Secretary
NOTE: This meeting is open to the public. This meeting is for information and discussion of the Council for the
listed workshop agenda items.
9
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To: Mayor Ken Olson, Council Members Gay Easton, Mark Mace, Norm
Stamper, City Attorney Sam Painter
From: Perry Y. Asher
Cc: Steve Klotz
Date: February 20, 2006
Re: Liability Issues at Riverside Park
Following up on the instructions I had to contact MMIA, I spoke with Bob Worthington
Friday morning and this memo provides the task force with the essence of what we
discussed.
1. I reviewed with him the situation at Riverside Park including:
a. The lease with the Rod and Gun Club
b. The indoor shooting range
c. The outdoor shooting range
d. The skeet shooting range
e. The mixture of very different uses of the Park, e.g., camping, picnicking,
horseshoes, boating, and special events.
f. The City's determination to establish reasonable lease rates
g. The City's determination to end all shooting activities in the near future
h. The desire on the part of task force members to
i. The City's determination to annex the Park now.
2. Mr. Worthington indicated the following:
a. There are many communities in Montana that are facing similar issues.
b. It is a good idea for Laurel to annex the property and to end all shooting in
the Park. As the park become used more and there is more development
south of the River, there will be increasing opportunities for a disaster.
c. It is perfectly understandable for the City to provide a reasonable period of
time for the users of the shooting facilities to find a more appropriate location
before cutting off permission for this activity.
d. In the meantime, however, he encouraged every effort be made to manage
the risk involved. First and foremost in this effort should be the requirement
The City of Laurel is an EEO Employer
Equal Housing Opportunity
Riverside Park Task Force
Liability Issues Memo
Page 2 of 2
that the Club provide the City with an insurance document with hold
harmless language. (Since our meeting, I have found that the City does,
indeed, currently hold such a document.)
In general, Mr. Worthington indicated that he felt that the task force is on the right track. It
seems that the City is on solid ground in considering a lease with the Rod & Gun Club that
permits shooting activities for the next three or five years with the understanding that these
activities must end at the conclusion of the lease.
/'1
ELK RIVER LAW OFFICE, P.L.L.P.
Attorneys at Law
Majel M. Russell Office: (406) 259 -8611 P.O. Box 928
Sam S. Painter Facsimile: (406) 259 -3251 3317 3 Avenue North
Brooke E. Baracker elkriverlaw @elkriverlaw.com Billings, MT 59103 -0928
MEMORANDUM
To: Mayor Ken Olson Jr.
From: Sam S. Painter
Date: April 9, 2009
Re: City of Laurel Weapons Ordinance: LMC Chapter 9.24
Issue Presented
Would the City Council's annexation of Riverside Park impact the current users who
discharge or allow the discharge of firearms, BB rifles or BB handguns? Secondly, is a BB rifle
and/or BB handgun a firearm under City ordinance or Montana Law?
Short Answer
Discharging a, firearrxi or air rifle in Riverside `Park would remain so long as all:of r
the discharging. (shooting) was (at all times) reasonably supervised and for the purpose
instruction or contest Secondly, a BB gun regardless of type (rifle or pistol) is not defined as a
firearm under City ordinance or Montana law.
Analysis
The City of Laurel has adopted a chapter entitled "Weapons" that prohibits the discharge
of both firearms and air rifles in City limits with exceptions:
9.24.030. Wilful or negligent discharge — Penalty. Any person who wilfully or
negligently discharges any firearm or air rifle within the city limits of the city shall be
punished according to provisions set out in Section 1.36.010 of this code. (Prior code
§ 9.24.030)
9.24.040. Wilful or negligent allowing of discharge — Penalty. Any person who wilfully
or negligently permits any firearm or air rifle to be discharged within the limits of the city
by any child or other person under his care, custody or control shall be punished
according to the provisions set out in Section 1.36.010 of this code. (Prior code
§ 9.24.040)
9.24.050. Exception to discharge regulations. Sections 9.24.030 and 9.24.040 shall not
prohibit discharges of firearms or air rifles within the city limits when discharged under
responsible supervision for the purpose of instruction or contest, or if the discharge of the
1
firearm or air rifle is justifiable under MCA Title 43, Chapter 3, Part I. (Ord. 02 -28, 2002;
prior code § 9.24.050)
By annexing Riverside Park the City Council would effectively extend City limits to
include Riverside Park. Once annexed, the above - ordinances would apply to Riverside Park
similar to the rest of the properties located in City limits. As a consequence, discharging or
permitting someone (such as a child) to discharge a firearm or air rifle in City limits would be
prohibited, LMC 9.24.030 and 9.24.040.
However, it is important to note that the City's ordinance contains an exception to the
prohibitions._ Specifically, it is not illegal to di scharge a firearm or air rifle in City limits if the,
discharge is conducted under "reasonable supervision for the purpose ofiinstruction or contest_,'.
Further, discharging a firearm or air rifle in City limits is not prohibited if discharged in self -
defense, LMC 9.24.050.
Under the City's ordinances, SO: long as: users reasonably supervise firearm aril airrifle
shooting for the purpose of instruction or contest, the users' activities are not_prohibited If the
users are limited to non -air or non - gunpowder discharge guns, they are not violating the City
ordinance since non_air powered BB guns are -not irearms.
Neither city ordinance nor Montana law define BB guns as firearms. Further, neither
jurisdiction defines a. BB gun as a dangerous weapon unless the BB gun is utilized as a bludgeon
or club of sorts In short, since a BB gun does not eject a projectile using the force created by the
burning of gunpowder, it is not defined AS a firearm. Nevertheless, the City has chosen to
prohibit air - powered rifles similar to firearms in its ordinance. Therefore the use of air- powered
rifles is prohibited in city limits while shooting an air- powered handgun is not prohibited.
Conclusion
-Annexing Riverside Park would result in a limited ban on non - supervised shooting that is
neither the purpose of instruction nor contest. In other words, in my opinion the only ..,
shooting that would become immediately illegal is non su recreational shooting of
f rearms and air rifles.. All other shooting would remain legal pursuant to LMC Chapter 9.24.
Nevertheless, I am obligated to advise you and the City Council that the issue
surrounding Riverside Park is not law enforcement or the potential application of the City's
ordinances to the park once annexed The issues of_expo and potential_liaiihty remain , The
City owns Riverside Park._ The City currently allows the discharge of firearms on its property If'
a:death�or serious. u�jury._o� curs m the park as�a result of the use of a fir- earm,,regar -dless of �fau,t,
the City will be sued and could face a multi million: dollar judgm_ent-;for allowing shooting in a
c ity park - The City has no Insurance to cover such - a judgment. Therefore taxpayers would end
up paying the judgment through a judgment tax levy. The issue is clear. Should the taxpayers be
forced to Y a for the significant risk created by allowing shooting in the City's park? F ally, the
_ to p ay _
'users do have insurance, however t heir hmits are nearly enough to cover the
pote itial damages the city_ co
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