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03/10/2009 Ordinances 9207ORDINANCE NO. 9207 An ordinance to amend Grand Island City Code Section 20-8 relating to restrictions for carrying air guns and similar items in the passenger compartment of motor vehicles; to repeal sections in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 20-8 of the Grand Island City Code is amended to read as follows: §20-8. Discharging Fire Arms, Air Rifles, etc. (A) It shall be unlawful for any person, except a law enforcement officer in the course of his or her duties, to discharge or fire a gun, pistol, fire arm, cannon, air rifle, sling shot, or other item designed for the discharge of bullets, missiles, rocks, or other dangerous items by the operation thereof, anywhere within the City. (B) The above prohibition shall not apply to a location designed and utilized for the safe usage of such items, whether established or constructed on a temporary or permanent basis. (C) It shall be unlawful for any person to possess in the passenger compartment of a motor vehicle off his or her own premises, an air rifle, bb or pellet gun, airsoft gun, or paintball gun, unless the item is unloaded and encased in a closed container that is secured by means of latches, zipper, or similar method. Any item found in violation of this section shall be seized as evidence and held by the Grand Island Police Department for a minimum period of sixty (60) days. If at the end of the sixty-day period the item is no longer required to be held as evidence for the prosecution of any violation of this section, any other city ordinance, or violation of any federal or state statute, the item will be returned to the rightful owner. If the rightful owner is under eighteen (18) years of age at the time the item is eligible for release, the item will be released to the rightful owner's parent or legal guardian. SECTION 2. Section 20-8 as existing prior to this amendment, and any ordinances or parts of ordinances in conflict herewith, are repealed. SECTION 3. The validity of any section, subsection, sentence, clause, or phrase of this ordinance shall not affect the validity or enforceability of any other section, subsection, sentence, clause, or phrase thereof. Approved as to Form Q March 10, 2009 p City Attorney ORDINANCE NO. 9207 (Cont.) SECTION 4. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: March 10, 2009. Margaret ornady, Mayor Attest: -2-