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ORD 37834 - Amend article VII of Chapter 20 of municipal code re offenses involving weapons • o1AAH A, F` e r . l.._ Li .� 4'1 Law Department ���,• � `d' 3 Omaha/Dou las Civic Center iram,r i g ` W- h 1819 Famam Street,Suite 804 �� Omaha,Nebraska 68183-0804 �Ao'r�D FeeaUt'��ro CITY CLERK (402)444-5115 f. Telefax(402)444-5125 CityofOmaha 0MAH��, NEBR RA Paul D.Kratz Mike Fahey,Mayor City Attorney Honorable President and Members of the City Council, The Ordinance attached hereto was developed by the City of Omaha Law Depai lment in conjunction with working with the Mayor's Office and the Omaha Police Department. The attached proposed amendments to the Omaha Municipal Code provide for the destruction of weapons to be ordered by the court upon conviction of violations under the weapons article of the Omaha Municipal Code. The Ordinance also provides for indicating that conviction of any person, not merely adults as provided in the past, carries a certain punishment and mandatory fine. Lastly, the ordinance clarifies the age provisions of certain penalties as applying at the time of the offense and clarifies provisions concerning subsequent or second convictions and increases the minimum sentence for such subsequent or second convictions from 60 days to six months. Your passage of the attached Ordinance is respectfully requested. • Respec ful s bmi d, Paul D. Kratz City Attorney P:\LAW\17576maf.doc y in the English language, having a bona fide paid this purchase and maintenance agreement circulation in Douglas County in excess of 300 copies, printed in by making donation to the Omaha Fire Department's Kloewer Fund, with the Omaha,in said County of Douglas,for more than fifty-two weeks last balance of $183,117.00 to paid by the, past; that the printed notice hereto attached was published in THE Omaha Fire Department,with payments to be spread DAILY RECORD,of Omaha, on - over four years beginning August 1,2008; at $45,779.25 per year, and, - z September 5 2007 WHEREAS, the contractor has on file af current Annual Contract Compliance Report Form (CC1), and the Human Relations Director will monitor the contract to ensure • compliance with the contract compliance ordinance. ., -- - SUMMARY: 'g' 7paper during that time was regularly published and AN ORDINANCE to approve an award i and authorize the payment from the City of 17 r4V�abi n in the County of Do . ,and State of Nebraska. Omaha to ZOLL Medical Corporation, involving payment of money- from Q,:G,c., p'� appropriations of more than one year in � ' accordance with Section'5.17 of the Home .APR`( ••';* Subscribed in" presence and sworn to before Rule Charter of the City of Omaha 1956 as , N,,,,A0A S\ON 5th amended; for the purchase, for the Fire Pt�li @I"� S S � 5 ''. 1 0 Department, of three (3) 12-lead ECG 1�� $' me this- day of simulators, eighteen (18) Tellular Devices with DC and antennae, seventeen (17) ZOLL d(15yional Copi�S�.$_ 20�7 M-Series Biphasic with Pacing and two '•..,MAY 6,2.•- Q? options trade-in, one (1) ZOLL M-Series. St„ t j1�Q1 R - 1 0 - Biphasic with Pacing Trade-in and seventeen le ii4!ann for Douglas County, • (17) 4-by-4 monitors trade-in; to authorize payment from the City of Omaha of - • _ State'of Nebraska $183,117.00, with the payments extending over a period of 48 months; providing for the.paim.ent from a certain account and to 'provide an effective date hereof. WHEREAS, ZOLL Medical Corporation • submitted aquote of $423,117.00 —per year \ t for the equipment and •maintenance package for the four-year purchase order; • and, WHEREAS, Omaha area hospitals have committed to contribute 5240,000.00 toward I this purchase and maintenance agreement by making donation to the Omaha:Fire • Department's Kloewer 'Fund, with the balance of $183,117.00 to paid by the Omaha Fire 1 Department,with payments to be spread over four years beginning August 1,2008; at $45,779.25 per year, and, . WHEREAS, the contractor has on file a current Annual Contract Compliance Report Form (CCU, and the Human Relations Director will monitor the contract to ensure, • compliance with the contract compliance ordinance. . PASSED:.August 28, 2007, 6-0 ' APPROVED BY: MIKE FAHEY 8/30/07 . ( MAYbR OF THE - CITY OF OMAHA BUSTER BROWN, . City Clerk 9-5-07 . eries are being offered when,as and if issued by the Corporation and accepted by the Underwriter,subject to LI othe approval of legality of the Bonds by Kutak Rock LLP, Bond Counsel,and to certain other conditions. Certain matters will be passed -', y 3 upon for the Underwriter by its counsel, Kutak Rock LLP. It is expected that delivery of the Bonds will be made on or about 6 A .5 November_,2007 at DTC against payment therefor. I a,b 0 DAVIDSON e- COMPANIES, D.A.Davidson & Co. " member SIPC vg G O 5 o Dated: November_,2007 OtT c 0 o G " V .0 'Preliminary;subject to change. E.-.- 3 4831-2568-4225.1 F-.., 3 4831-2568-4225.1 ORDINANCE NO. 3 ? S 3 SI • AN ORDINANCE to,amend Article VII of Chapter 20 of the Omaha Municipal Code dealing with offenses involving weapons; to provide for amending Section 20-193 of the Omaha Municipal Code to provide for the destruction of weapons upon the conviction of crimes under the same article; to provide amendments to Section 20-198 of the Omaha Municipal Code to provide for certain punishment of persons whether a minor or an adult; to provide for amending Section 20-205 of the Omaha Municipal Code to clarify terms and altering penalties for related offenses for any second or subsequent conviction; to repeal Sections 20-193, 20,198 and 20-205 of the Omaha Municipal Code as heretofore existing and to provide for the effective date hereof. • BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That Section 20-193 of the Omaha Municipal Code be hereby amended to read as follows: Sec. 20-193. Confiscation. As a part of the judgment of conviction of any person under this article, confiscation and destruction of the weapon shall be ordered by the court: provided, in cases where the gun in question was (reported stolen to the appropriate law enforcement agency, it shall 'be ordered returned to the lawful innocent owner if claimed by ;such person prior to the conviction. Claimed, as used herein means reporting a missing weapon. by serial number or other ,identifiable marking to the appropriate law enforcement agency and then possessing a legal registration for the same weapon. Section 2. That Section 20-198 of the Omaha Municipal Code be hereby amended to read as follows: artment's Kloewer Fund, with the Omaha,in said County of Douglas,for more than fifty-two weeks last balance of $183,117.00 to paid by the, past; that the printed notice hereto attached was published in THE Omaha Fire Department,with payments to be spread DAILY RECORD,of Omaha, on - over four years beginning August 1,2008; at $45,779.25 per year, and, - z September 5 2007 WHEREAS, the contractor has on file af current Annual Contract Compliance Report Form (CC1), and the Human Relations Director will monitor the contract to ensure • compliance with the contract compliance ordinance. ., -- - SUMMARY: 'g' 7paper during that time was regularly published and AN ORDINANCE to approve an award i and authorize the payment from the City of 17 r4V�abi n in the County of Do . ,and State of Nebraska. Omaha to ZOLL Medical Corporation, involving payment of money- from Q,:G,c., p'� appropriations of more than one year in � ' accordance with Section'5.17 of the Home .APR`( ••';* Subscribed in" presence and sworn to before Rule Charter of the City of Omaha 1956 as , N,,,,A0A S\ON 5th amended; for the purchase, for the Fire Pt�li @I"� S S � 5 ''. 1 0 Department, of three (3) 12-lead ECG 1�� $' me this- day of simulators, eighteen (18) Tellular Devices with DC and antennae, seventeen (17) ZOLL d(15yional Copi�S�.$_ 20�7 M-Series Biphasic with Pacing and two '•..,MAY 6,2.•- Q? options trade-in, one (1) ZOLL M-Series. St„ t j1�Q1 R - 1 0 - Biphasic with Pacing Trade-in and seventeen le ii4!ann for Douglas County, • (17) 4-by-4 monitors trade-in; to authorize payment from the City of Omaha of - • _ State'of Nebraska $183,117.00, with the payments extending over a period of 48 months; providing for the.paim.ent from a certain account and to 'provide an effective date hereof. WHEREAS, ZOLL Medical Corporation • submitted aquote of $423,117.00 —per year \ t for the equipment and •maintenance package for the four-year purchase order; • and, WHEREAS, Omaha area hospitals have committed to contribute 5240,000.00 toward I this purchase and maintenance agreement by making donation to the Omaha:Fire • Department's Kloewer 'Fund, with the balance of $183,117.00 to paid by the Omaha Fire 1 Department,with payments to be spread over four years beginning August 1,2008; at $45,779.25 per year, and, . WHEREAS, the contractor has on file a current Annual Contract Compliance Report Form (CCU, and the Human Relations Director will monitor the contract to ensure, • compliance with the contract compliance ordinance. . PASSED:.August 28, 2007, 6-0 ' APPROVED BY: MIKE FAHEY 8/30/07 . ( MAYbR OF THE - CITY OF OMAHA BUSTER BROWN, . City Clerk 9-5-07 . eries are being offered when,as and if issued by the Corporation and accepted by the Underwriter,subject to LI othe approval of legality of the Bonds by Kutak Rock LLP, Bond Counsel,and to certain other conditions. Certain matters will be passed -', y 3 upon for the Underwriter by its counsel, Kutak Rock LLP. It is expected that delivery of the Bonds will be made on or about 6 A .5 November_,2007 at DTC against payment therefor. I a,b 0 DAVIDSON e- COMPANIES, D.A.Davidson & Co. " member SIPC vg G O 5 o Dated: November_,2007 OtT c 0 o G " V .0 'Preliminary;subject to change. E.-.- 3 4831-2568-4225.1 F-.., 3 4831-2568-4225.1 • ORDINANCE NO. 3 7 e 3 (L RAGE -2- Section 20-198. Sale of firearm to minor; penalty. (a) It shall be unlawful for any person to sell or otherwise furnish or delivery any firearm, component parts or ammunition to any individual who is known, or there is reason to believe that the individual is, less .•than, 18. years, of age; and if, the.,;firearm, component .parts or ammunition..is a concealable firearm, to any person who has not reached the age of 21. (b) .Any person convicted under the provisions,of this section shall be punished,by a mandatory fine, of,$500.60 and by a mandatory imprisonment of six months. Section 3. That Section 20-205 of the Omaha Municipal Code be hereby amended to read as follows: Sec. 20-205 Penalties. Any per on who has not 'reached the'age of 21 fat the time of the offense convicted under` the provisions of sechois 20-203 and'20- 204 shall be punished as follows: (a) For a'first conviction, any person so offending ''shall'be punished by a fine of not exceeding $500.00, and by mandatory imprisonment of not less than 30 days and not more than six months. 11.1 ctio rsonn o ff..d: shall fro ' punished b f„ t exceedii g $500 00 nd-- mandan try imprisonment of not less than 30 days and not more than six ems- (e) (b) For any second subsequent conviction, any persons so offending shall be punished by a fine of not exceeding $500.00, and by mandatory imprisonment of not less than-60 days andnot • m six months. , � Section 4. That Sections 20-193, 20-198 and 20-205 of the Omaha Municipal Code as hereto existing are hereby repealed. unty of Douglas,for more than fifty-two weeks last balance of $183,117.00 to paid by the, past; that the printed notice hereto attached was published in THE Omaha Fire Department,with payments to be spread DAILY RECORD,of Omaha, on - over four years beginning August 1,2008; at $45,779.25 per year, and, - z September 5 2007 WHEREAS, the contractor has on file af current Annual Contract Compliance Report Form (CC1), and the Human Relations Director will monitor the contract to ensure • compliance with the contract compliance ordinance. ., -- - SUMMARY: 'g' 7paper during that time was regularly published and AN ORDINANCE to approve an award i and authorize the payment from the City of 17 r4V�abi n in the County of Do . ,and State of Nebraska. Omaha to ZOLL Medical Corporation, involving payment of money- from Q,:G,c., p'� appropriations of more than one year in � ' accordance with Section'5.17 of the Home .APR`( ••';* Subscribed in" presence and sworn to before Rule Charter of the City of Omaha 1956 as , N,,,,A0A S\ON 5th amended; for the purchase, for the Fire Pt�li @I"� S S � 5 ''. 1 0 Department, of three (3) 12-lead ECG 1�� $' me this- day of simulators, eighteen (18) Tellular Devices with DC and antennae, seventeen (17) ZOLL d(15yional Copi�S�.$_ 20�7 M-Series Biphasic with Pacing and two '•..,MAY 6,2.•- Q? options trade-in, one (1) ZOLL M-Series. St„ t j1�Q1 R - 1 0 - Biphasic with Pacing Trade-in and seventeen le ii4!ann for Douglas County, • (17) 4-by-4 monitors trade-in; to authorize payment from the City of Omaha of - • _ State'of Nebraska $183,117.00, with the payments extending over a period of 48 months; providing for the.paim.ent from a certain account and to 'provide an effective date hereof. WHEREAS, ZOLL Medical Corporation • submitted aquote of $423,117.00 —per year \ t for the equipment and •maintenance package for the four-year purchase order; • and, WHEREAS, Omaha area hospitals have committed to contribute 5240,000.00 toward I this purchase and maintenance agreement by making donation to the Omaha:Fire • Department's Kloewer 'Fund, with the balance of $183,117.00 to paid by the Omaha Fire 1 Department,with payments to be spread over four years beginning August 1,2008; at $45,779.25 per year, and, . WHEREAS, the contractor has on file a current Annual Contract Compliance Report Form (CCU, and the Human Relations Director will monitor the contract to ensure, • compliance with the contract compliance ordinance. . PASSED:.August 28, 2007, 6-0 ' APPROVED BY: MIKE FAHEY 8/30/07 . ( MAYbR OF THE - CITY OF OMAHA BUSTER BROWN, . City Clerk 9-5-07 . eries are being offered when,as and if issued by the Corporation and accepted by the Underwriter,subject to LI othe approval of legality of the Bonds by Kutak Rock LLP, Bond Counsel,and to certain other conditions. Certain matters will be passed -', y 3 upon for the Underwriter by its counsel, Kutak Rock LLP. It is expected that delivery of the Bonds will be made on or about 6 A .5 November_,2007 at DTC against payment therefor. I a,b 0 DAVIDSON e- COMPANIES, D.A.Davidson & Co. " member SIPC vg G O 5 o Dated: November_,2007 OtT c 0 o G " V .0 'Preliminary;subject to change. E.-.- 3 4831-2568-4225.1 F-.., 3 4831-2568-4225.1 ORDINANCE NO. 3 7 g 3 • PAGE -3- Section 5. That this Ordinance shall be in full force and take effect fifteen days from and after the date of its passage. INTRODUCED BY COUNCILMEMBER /041/1"1 C7� .ia'L APPROVED BY: A Af13aDATE PASSEDAUG 2 8 mu/ Az a� t0r� OMYOR OF THE CI OF OM A DATE ATTEST: ITY CLERK OF THE CITY OF OMAHA DAT APPROVED AS TO FORM: /1— .77 CITY ATTORNEY DATE P:\LAW\8744sap.doc lquist Date ail Kinsey Tho Abate Fire Chief Human Rights and Relations Director Approved as to Funding: Referred to City Council for Consideration: Carol A. Ebdon Date Mayor's Of ice Date Finance Director P:\OFD\15877pjm.doc ,.< CCD U°a ) w Ate'. +1rn n j A X �� � Z o oA MOTION BY COUNCILMEMBER SIEGERSON I hereby move that Council Document No. /0/S , Current Series, be amended in the whole by deleting the Ordinance in its entirety and substituting in lieu thereof the attached Ordinance. APPROVED AS TO FORM: CITY ATTORNEY DATE P:\LAW\8745sap.doc OR OF THE CI OF OM A DATE ATTEST: ITY CLERK OF THE CITY OF OMAHA DAT APPROVED AS TO FORM: /1— .77 CITY ATTORNEY DATE P:\LAW\8744sap.doc lquist Date ail Kinsey Tho Abate Fire Chief Human Rights and Relations Director Approved as to Funding: Referred to City Council for Consideration: Carol A. Ebdon Date Mayor's Of ice Date Finance Director P:\OFD\15877pjm.doc ,.< CCD U°a ) w Ate'. +1rn n j A X �� � Z o oA ORDINANCE NO. AN ORDINANCE to amend Article VII of Chapter 20 of the Omaha Municipal Code dealing with offenses involving weapons; to provide for amending Section 20-193 of the Omaha Municipal Code to provide for the destruction of weapons upon the conviction of crimes under the same article; to provide amendments to Section 20-198 of the Omaha Municipal Code to provide for certain punishment of persons whether a minor or an adult; to provide for amending Section 20-205 of the Omaha Municipal Code to clarify terms and altering penalties for related offenses for any second or subsequent conviction; to repeal Sections 20-193, 20,198 and 20-205 of the Omaha Municipal Code as heretofore existing and to provide for the effective date hereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That Section 20-193 of the Omaha Municipal Code be hereby amended to read as follows: Sec. 20-193. Confiscation. As a part of the judgment of conviction of any person under this i of the article, confiscation and destruction weapon shall be ordered by the court, provided, in cases where the gun in question was reported stolen to the appropriate law enforcement agency, it shall be ordered returned to the lawful innocent owner if claimed by such person prior to the conviction. Claimed, as used herein means reporting a missing weapon by serial number or other identifiable marking to the appropriate law enforcement agency and then possessing a legal registration for the same weapon. Section 2. That Section 20-198 of the Omaha Municipal Code be hereby amended to read as follows: nd 20-205 of the Omaha Municipal Code as hereto existing are hereby repealed. unty of Douglas,for more than fifty-two weeks last balance of $183,117.00 to paid by the, past; that the printed notice hereto attached was published in THE Omaha Fire Department,with payments to be spread DAILY RECORD,of Omaha, on - over four years beginning August 1,2008; at $45,779.25 per year, and, - z September 5 2007 WHEREAS, the contractor has on file af current Annual Contract Compliance Report Form (CC1), and the Human Relations Director will monitor the contract to ensure • compliance with the contract compliance ordinance. ., -- - SUMMARY: 'g' 7paper during that time was regularly published and AN ORDINANCE to approve an award i and authorize the payment from the City of 17 r4V�abi n in the County of Do . ,and State of Nebraska. Omaha to ZOLL Medical Corporation, involving payment of money- from Q,:G,c., p'� appropriations of more than one year in � ' accordance with Section'5.17 of the Home .APR`( ••';* Subscribed in" presence and sworn to before Rule Charter of the City of Omaha 1956 as , N,,,,A0A S\ON 5th amended; for the purchase, for the Fire Pt�li @I"� S S � 5 ''. 1 0 Department, of three (3) 12-lead ECG 1�� $' me this- day of simulators, eighteen (18) Tellular Devices with DC and antennae, seventeen (17) ZOLL d(15yional Copi�S�.$_ 20�7 M-Series Biphasic with Pacing and two '•..,MAY 6,2.•- Q? options trade-in, one (1) ZOLL M-Series. St„ t j1�Q1 R - 1 0 - Biphasic with Pacing Trade-in and seventeen le ii4!ann for Douglas County, • (17) 4-by-4 monitors trade-in; to authorize payment from the City of Omaha of - • _ State'of Nebraska $183,117.00, with the payments extending over a period of 48 months; providing for the.paim.ent from a certain account and to 'provide an effective date hereof. WHEREAS, ZOLL Medical Corporation • submitted aquote of $423,117.00 —per year \ t for the equipment and •maintenance package for the four-year purchase order; • and, WHEREAS, Omaha area hospitals have committed to contribute 5240,000.00 toward I this purchase and maintenance agreement by making donation to the Omaha:Fire • Department's Kloewer 'Fund, with the balance of $183,117.00 to paid by the Omaha Fire 1 Department,with payments to be spread over four years beginning August 1,2008; at $45,779.25 per year, and, . WHEREAS, the contractor has on file a current Annual Contract Compliance Report Form (CCU, and the Human Relations Director will monitor the contract to ensure, • compliance with the contract compliance ordinance. . PASSED:.August 28, 2007, 6-0 ' APPROVED BY: MIKE FAHEY 8/30/07 . ( MAYbR OF THE - CITY OF OMAHA BUSTER BROWN, . City Clerk 9-5-07 . eries are being offered when,as and if issued by the Corporation and accepted by the Underwriter,subject to LI othe approval of legality of the Bonds by Kutak Rock LLP, Bond Counsel,and to certain other conditions. Certain matters will be passed -', y 3 upon for the Underwriter by its counsel, Kutak Rock LLP. It is expected that delivery of the Bonds will be made on or about 6 A .5 November_,2007 at DTC against payment therefor. I a,b 0 DAVIDSON e- COMPANIES, D.A.Davidson & Co. " member SIPC vg G O 5 o Dated: November_,2007 OtT c 0 o G " V .0 'Preliminary;subject to change. E.-.- 3 4831-2568-4225.1 F-.., 3 4831-2568-4225.1 ORDINANCE NO. PAGE -2- Section 20-198. Sale of firearm to minor; penalty. (a) It shall be unlawful for any person to sell or otherwise furnish or delivery any firearm, component parts or ammunition to any individual who is known, or there is reason to believe that the individual is less than 18 years of age, and if the firearm, component parts or ammunition is a concealable firearm, to any person who has not reached the age of 21. (b) Any adult person convicted under the provisions of this section shall be punished by a mandatory fine of $500.00 and by a mandatory imprisonment of six months. Section 3. That Section 20-205 of the Omaha Municipal Code be hereby amended to read as follows: Sec. 20-205 Penalties. Any person who has not reached the age of 21 at the time of the offense convicted under the provisions of sections 20-203 and 20- 204 shall be punished as follows: (a) For a first conviction, any person so offending shall be punished by a fine of not exceeding $500.00, and by mandatory imprisonment of not less than 30 days and not more than six months. punishefl-- --a--fine--Fiet--emeeeding--$5.00,00—and—a—faaudatery imprisonment of not less than 30 days and not more than six (a) (b) For any second subsequent conviction, any persons so offending shall be punished by a fine of not exceeding $500.00, and by mandatory imprisonment of not less than 60 days and not more than six months. Section 4. That Sections 20-193, 20-198 and 20-205 of the Omaha Municipal Code as hereto existing are hereby repealed. t Section 20-198 of the Omaha Municipal Code be hereby amended to read as follows: nd 20-205 of the Omaha Municipal Code as hereto existing are hereby repealed. unty of Douglas,for more than fifty-two weeks last balance of $183,117.00 to paid by the, past; that the printed notice hereto attached was published in THE Omaha Fire Department,with payments to be spread DAILY RECORD,of Omaha, on - over four years beginning August 1,2008; at $45,779.25 per year, and, - z September 5 2007 WHEREAS, the contractor has on file af current Annual Contract Compliance Report Form (CC1), and the Human Relations Director will monitor the contract to ensure • compliance with the contract compliance ordinance. ., -- - SUMMARY: 'g' 7paper during that time was regularly published and AN ORDINANCE to approve an award i and authorize the payment from the City of 17 r4V�abi n in the County of Do . ,and State of Nebraska. Omaha to ZOLL Medical Corporation, involving payment of money- from Q,:G,c., p'� appropriations of more than one year in � ' accordance with Section'5.17 of the Home .APR`( ••';* Subscribed in" presence and sworn to before Rule Charter of the City of Omaha 1956 as , N,,,,A0A S\ON 5th amended; for the purchase, for the Fire Pt�li @I"� S S � 5 ''. 1 0 Department, of three (3) 12-lead ECG 1�� $' me this- day of simulators, eighteen (18) Tellular Devices with DC and antennae, seventeen (17) ZOLL d(15yional Copi�S�.$_ 20�7 M-Series Biphasic with Pacing and two '•..,MAY 6,2.•- Q? options trade-in, one (1) ZOLL M-Series. St„ t j1�Q1 R - 1 0 - Biphasic with Pacing Trade-in and seventeen le ii4!ann for Douglas County, • (17) 4-by-4 monitors trade-in; to authorize payment from the City of Omaha of - • _ State'of Nebraska $183,117.00, with the payments extending over a period of 48 months; providing for the.paim.ent from a certain account and to 'provide an effective date hereof. WHEREAS, ZOLL Medical Corporation • submitted aquote of $423,117.00 —per year \ t for the equipment and •maintenance package for the four-year purchase order; • and, WHEREAS, Omaha area hospitals have committed to contribute 5240,000.00 toward I this purchase and maintenance agreement by making donation to the Omaha:Fire • Department's Kloewer 'Fund, with the balance of $183,117.00 to paid by the Omaha Fire 1 Department,with payments to be spread over four years beginning August 1,2008; at $45,779.25 per year, and, . WHEREAS, the contractor has on file a current Annual Contract Compliance Report Form (CCU, and the Human Relations Director will monitor the contract to ensure, • compliance with the contract compliance ordinance. . PASSED:.August 28, 2007, 6-0 ' APPROVED BY: MIKE FAHEY 8/30/07 . ( MAYbR OF THE - CITY OF OMAHA BUSTER BROWN, . City Clerk 9-5-07 . eries are being offered when,as and if issued by the Corporation and accepted by the Underwriter,subject to LI othe approval of legality of the Bonds by Kutak Rock LLP, Bond Counsel,and to certain other conditions. Certain matters will be passed -', y 3 upon for the Underwriter by its counsel, Kutak Rock LLP. It is expected that delivery of the Bonds will be made on or about 6 A .5 November_,2007 at DTC against payment therefor. I a,b 0 DAVIDSON e- COMPANIES, D.A.Davidson & Co. " member SIPC vg G O 5 o Dated: November_,2007 OtT c 0 o G " V .0 'Preliminary;subject to change. E.-.- 3 4831-2568-4225.1 F-.., 3 4831-2568-4225.1 ORDINANCE NO. PAGE -3- Section 5. That this Ordinance shall be in full force and take effect fifteen days from and after the date of its passage. INTRODUCED BY COUNCILMEMBER APPROVED BY: MAYOR OF THE CITY OF OMAHA DATE PASSED ATTEST: CITY CLERK OF THE CITY OF OMAHA DATE APPROVED AS TO FORM: l L.-- / ' CITY ATTORNEY DATE .7q?(:&411 P:\LAW\8744sap.doc RNEY DATE P:\LAW\8744sap.doc lquist Date ail Kinsey Tho Abate Fire Chief Human Rights and Relations Director Approved as to Funding: Referred to City Council for Consideration: Carol A. Ebdon Date Mayor's Of ice Date Finance Director P:\OFD\15877pjm.doc ,.< CCD U°a ) w Ate'. +1rn n j A X �� � Z o oA 1 cu c cu c73 A n CA a H o z C7 o 0 2 I—I e n 0 1-1 z Z a (in GI n m -0 = 0) 0 (I) 0) 0, p 0) -p 3 °J n 0_ O'a 0. n > • O ,-,. 0, 7 fD Di fD r-r =65 n' 0_ N CU (D t0 (D O O 0 O m OS3 °' 3 -, 7o O 3 7 j m j 3 0 • NJ G72 o t° cu o o n �^ o = O ~ 1-4 C D OC n. t�D -I -p CD < -,, 0 rr -' .." n' p Z z v fl:� we = 3m-o m O � m1o, ~' z D MI CD 0- Cu C (�D CCD (D — a7 n n nNof , = p -a O. .,, o O rDD n, -, 0 o R �, o n S' (D m rn rn O O a C 0) to O 01 N O to N Or z C) -1 (D 0.0 7 O 07 3 0 3 (D 0 O O fl, rr -t (D 'o N (D co < D n, N S 7 0 (D a. Q r* O< 0 d 7 O p Z Zia) N ro � < 'c-r fD t0 CD c ko n rr a = 7 Q (D N ,76 � d 0 (!) 0, p (D (�D O N isa C ((DD O� O (1 CD -"' n < 0 > > ZO N 0 0 a 3 O rt rr p 0_ I . fp R. 4 (D Ln p ,-r fD• 7. 7 O (CD O < (D W-0 Cs (D O N' O� (D v, N O O (D O O O O Oo= < 0_ Cr. rt f-D -S N -` 0) <. M rt rr 0 r"r 0 S � p 3 0 Cu . 0- O. 0 S 0- r-r a p CD t0 CD -, rn tJ) 7 0 0) (D -r CD CD 0 CD r 1 T = r'' ma 7 rD i) 0) .-1- xi (�D t ITI o c �/� 0, 0- V/ rn l0 Z rn 0 11 el co 0 C m Z Axi A xi 1-4ro n G (D x z ed in THE Omaha Fire Department,with payments to be spread DAILY RECORD,of Omaha, on - over four years beginning August 1,2008; at $45,779.25 per year, and, - z September 5 2007 WHEREAS, the contractor has on file af current Annual Contract Compliance Report Form (CC1), and the Human Relations Director will monitor the contract to ensure • compliance with the contract compliance ordinance. ., -- - SUMMARY: 'g' 7paper during that time was regularly published and AN ORDINANCE to approve an award i and authorize the payment from the City of 17 r4V�abi n in the County of Do . ,and State of Nebraska. Omaha to ZOLL Medical Corporation, involving payment of money- from Q,:G,c., p'� appropriations of more than one year in � ' accordance with Section'5.17 of the Home .APR`( ••';* Subscribed in" presence and sworn to before Rule Charter of the City of Omaha 1956 as , N,,,,A0A S\ON 5th amended; for the purchase, for the Fire Pt�li @I"� S S � 5 ''. 1 0 Department, of three (3) 12-lead ECG 1�� $' me this- day of simulators, eighteen (18) Tellular Devices with DC and antennae, seventeen (17) ZOLL d(15yional Copi�S�.$_ 20�7 M-Series Biphasic with Pacing and two '•..,MAY 6,2.•- Q? options trade-in, one (1) ZOLL M-Series. St„ t j1�Q1 R - 1 0 - Biphasic with Pacing Trade-in and seventeen le ii4!ann for Douglas County, • (17) 4-by-4 monitors trade-in; to authorize payment from the City of Omaha of - • _ State'of Nebraska $183,117.00, with the payments extending over a period of 48 months; providing for the.paim.ent from a certain account and to 'provide an effective date hereof. WHEREAS, ZOLL Medical Corporation • submitted aquote of $423,117.00 —per year \ t for the equipment and •maintenance package for the four-year purchase order; • and, WHEREAS, Omaha area hospitals have committed to contribute 5240,000.00 toward I this purchase and maintenance agreement by making donation to the Omaha:Fire • Department's Kloewer 'Fund, with the balance of $183,117.00 to paid by the Omaha Fire 1 Department,with payments to be spread over four years beginning August 1,2008; at $45,779.25 per year, and, . WHEREAS, the contractor has on file a current Annual Contract Compliance Report Form (CCU, and the Human Relations Director will monitor the contract to ensure, • compliance with the contract compliance ordinance. . PASSED:.August 28, 2007, 6-0 ' APPROVED BY: MIKE FAHEY 8/30/07 . ( MAYbR OF THE - CITY OF OMAHA BUSTER BROWN, . City Clerk 9-5-07 . eries are being offered when,as and if issued by the Corporation and accepted by the Underwriter,subject to LI othe approval of legality of the Bonds by Kutak Rock LLP, Bond Counsel,and to certain other conditions. Certain matters will be passed -', y 3 upon for the Underwriter by its counsel, Kutak Rock LLP. It is expected that delivery of the Bonds will be made on or about 6 A .5 November_,2007 at DTC against payment therefor. I a,b 0 DAVIDSON e- COMPANIES, D.A.Davidson & Co. " member SIPC vg G O 5 o Dated: November_,2007 OtT c 0 o G " V .0 'Preliminary;subject to change. E.-.- 3 4831-2568-4225.1 F-.., 3 4831-2568-4225.1 , _, t. 0 rip cm? CA n S co N P. - . :1' 2 + Nod ( cr '-'‘ \ lk C4\� o Fr n to cD g cp- . k ,V 0 1 / ' CITY ATTORNEY DATE .7q?(:&411 P:\LAW\8744sap.doc RNEY DATE P:\LAW\8744sap.doc lquist Date ail Kinsey Tho Abate Fire Chief Human Rights and Relations Director Approved as to Funding: Referred to City Council for Consideration: Carol A. Ebdon Date Mayor's Of ice Date Finance Director P:\OFD\15877pjm.doc ,.< CCD U°a ) w Ate'. +1rn n j A X �� � Z o oA 0 '0 0 'C; Fr; Co co W C r J u� F;1 ( - H 1 Vt z z -n p I - > 0 = 1..1 rn J z � Z XI, 2 GI (In n m ° Z m - 0 O ° oQ w w �.'� u7Q a n� X 0 cD Z 2 "\ Y �)' o a °, ten ' a 1.01 C �' o m, O CD , rno ^ � ° CD o . pa, t. p . CD C-) O 0 ,OD CD Q.. -, O p CD N 0' C CI) O N O UQ N QD i.CD M O \ N w OC' h'.. 00 0., a VD Po O C a O Q. O `) cD p co = '6' cD illp coC • • w !", O N _ S _ W O m `*) - t-tOOO ° W '+ , OIQMco ,-r � - t ,e) O - R T = I- r 1rD , 2 n1 rr 73 3', d . (fl CD 'rnw � p 0- V I run Z —I run v 1\ h i !\C\ p n i, ,. C W 1 1 \ II n o i " r- Ez t 0) <. M rt rr 0 r"r 0 S � p 3 0 Cu . 0- O. 0 S 0- r-r a p CD t0 CD -, rn tJ) 7 0 0) (D -r CD CD 0 CD r 1 T = r'' ma 7 rD i) 0) .-1- xi (�D t ITI o c �/� 0, 0- V/ rn l0 Z rn 0 11 el co 0 C m Z Axi A xi 1-4ro n G (D x z ed in THE Omaha Fire Department,with payments to be spread DAILY RECORD,of Omaha, on - over four years beginning August 1,2008; at $45,779.25 per year, and, - z September 5 2007 WHEREAS, the contractor has on file af current Annual Contract Compliance Report Form (CC1), and the Human Relations Director will monitor the contract to ensure • compliance with the contract compliance ordinance. ., -- - SUMMARY: 'g' 7paper during that time was regularly published and AN ORDINANCE to approve an award i and authorize the payment from the City of 17 r4V�abi n in the County of Do . ,and State of Nebraska. Omaha to ZOLL Medical Corporation, involving payment of money- from Q,:G,c., p'� appropriations of more than one year in � ' accordance with Section'5.17 of the Home .APR`( ••';* Subscribed in" presence and sworn to before Rule Charter of the City of Omaha 1956 as , N,,,,A0A S\ON 5th amended; for the purchase, for the Fire Pt�li @I"� S S � 5 ''. 1 0 Department, of three (3) 12-lead ECG 1�� $' me this- day of simulators, eighteen (18) Tellular Devices with DC and antennae, seventeen (17) ZOLL d(15yional Copi�S�.$_ 20�7 M-Series Biphasic with Pacing and two '•..,MAY 6,2.•- Q? options trade-in, one (1) ZOLL M-Series. St„ t j1�Q1 R - 1 0 - Biphasic with Pacing Trade-in and seventeen le ii4!ann for Douglas County, • (17) 4-by-4 monitors trade-in; to authorize payment from the City of Omaha of - • _ State'of Nebraska $183,117.00, with the payments extending over a period of 48 months; providing for the.paim.ent from a certain account and to 'provide an effective date hereof. WHEREAS, ZOLL Medical Corporation • submitted aquote of $423,117.00 —per year \ t for the equipment and •maintenance package for the four-year purchase order; • and, WHEREAS, Omaha area hospitals have committed to contribute 5240,000.00 toward I this purchase and maintenance agreement by making donation to the Omaha:Fire • Department's Kloewer 'Fund, with the balance of $183,117.00 to paid by the Omaha Fire 1 Department,with payments to be spread over four years beginning August 1,2008; at $45,779.25 per year, and, . WHEREAS, the contractor has on file a current Annual Contract Compliance Report Form (CCU, and the Human Relations Director will monitor the contract to ensure, • compliance with the contract compliance ordinance. . PASSED:.August 28, 2007, 6-0 ' APPROVED BY: MIKE FAHEY 8/30/07 . ( MAYbR OF THE - CITY OF OMAHA BUSTER BROWN, . City Clerk 9-5-07 . eries are being offered when,as and if issued by the Corporation and accepted by the Underwriter,subject to LI othe approval of legality of the Bonds by Kutak Rock LLP, Bond Counsel,and to certain other conditions. Certain matters will be passed -', y 3 upon for the Underwriter by its counsel, Kutak Rock LLP. It is expected that delivery of the Bonds will be made on or about 6 A .5 November_,2007 at DTC against payment therefor. I a,b 0 DAVIDSON e- COMPANIES, D.A.Davidson & Co. " member SIPC vg G O 5 o Dated: November_,2007 OtT c 0 o G " V .0 'Preliminary;subject to change. E.-.- 3 4831-2568-4225.1 F-.., 3 4831-2568-4225.1 • . 15o - --- -- THE DAILY RECORD 'NOTICE TO PUBLIC" The following Ordinance has been set for A I A City Council hearing on Au OF O1%' L"��1A August 21,2007, 1�'1. at 2:00 Dou in the Legislative e Chambers, RONALD A. HENNINGSEN, Publisher Omaha/Douglas Civic Center, 1819 Farnam Street,,. at which satin_ VI persons PROOF OF PUBLICATION interested,may .e AN ORDihfANCE tiho inerid'1('A`rticle VII of Chapter•20,of h Ornaha: .Municipal Code dealing Wiih en s my_w aeons; to UNITED STATES OF AMERICA, provide for amend'n Srett`ion,,7093 of the The State of Nebraska, Omaha Muricipalf+CodFto provide for theSS. destruction of weapons4upon the conviction 1 District of Nebraska, of crimes under the same article;to provide 1 County of Douglas, amendments to Section 20-198 of the Omaha Municipal Code to provide for City of Omaha, certain punishment of persons whether a minor or an adult;to provide for amending Section 20-205 of the Omaha Municipal J. BOYD Code to clarify terms and altering penalties for related offenses for any second or being duly sworn,deposes and says that she is subsequent conviction; to repeal Sections 20-193, 20-198 and 20-205 of the -Omaha LEGAL EDITOR Municipal Code as heretofore existing and to provide for the effective daBe hereof. USTER BROWN, of THE DAILY RECORD, of Omaha, a legal newspaper, printed and City Clerk published daily in the English language, having a bona fide paid a-n o� circulation in Douglas County in excess of 300 copies, printed in Omaha,in said County of Douglas,for more than fifty-two weeks last past; that the printed notice hereto attached was published in THE DAILY RECORD,of Omaha,on August 17 , 2007 Tha • ,wtpaper during that time was regularly published and in ergirkaitiAliaiT in the County of I r !las,and State of Nebraska. ESQ•�� t ;._ Subscribed I' ..y presence and sworn to before ep. s\o‘AR V, IF Pul3lishes $ '1_7_ me this 17th .ay of 40itional"Copies�4,-*•�= y I A �' � '0 07 • 1.4 PATE 0•:"' - No OrtriE."in iK er i ouglas County, State of Nebraska er during that time was regularly published and AN ORDINANCE to approve an award i and authorize the payment from the City of 17 r4V�abi n in the County of Do . ,and State of Nebraska. Omaha to ZOLL Medical Corporation, involving payment of money- from Q,:G,c., p'� appropriations of more than one year in � ' accordance with Section'5.17 of the Home .APR`( ••';* Subscribed in" presence and sworn to before Rule Charter of the City of Omaha 1956 as , N,,,,A0A S\ON 5th amended; for the purchase, for the Fire Pt�li @I"� S S � 5 ''. 1 0 Department, of three (3) 12-lead ECG 1�� $' me this- day of simulators, eighteen (18) Tellular Devices with DC and antennae, seventeen (17) ZOLL d(15yional Copi�S�.$_ 20�7 M-Series Biphasic with Pacing and two '•..,MAY 6,2.•- Q? options trade-in, one (1) ZOLL M-Series. St„ t j1�Q1 R - 1 0 - Biphasic with Pacing Trade-in and seventeen le ii4!ann for Douglas County, • (17) 4-by-4 monitors trade-in; to authorize payment from the City of Omaha of - • _ State'of Nebraska $183,117.00, with the payments extending over a period of 48 months; providing for the.paim.ent from a certain account and to 'provide an effective date hereof. WHEREAS, ZOLL Medical Corporation • submitted aquote of $423,117.00 —per year \ t for the equipment and •maintenance package for the four-year purchase order; • and, WHEREAS, Omaha area hospitals have committed to contribute 5240,000.00 toward I this purchase and maintenance agreement by making donation to the Omaha:Fire • Department's Kloewer 'Fund, with the balance of $183,117.00 to paid by the Omaha Fire 1 Department,with payments to be spread over four years beginning August 1,2008; at $45,779.25 per year, and, . WHEREAS, the contractor has on file a current Annual Contract Compliance Report Form (CCU, and the Human Relations Director will monitor the contract to ensure, • compliance with the contract compliance ordinance. . PASSED:.August 28, 2007, 6-0 ' APPROVED BY: MIKE FAHEY 8/30/07 . ( MAYbR OF THE - CITY OF OMAHA BUSTER BROWN, . City Clerk 9-5-07 . eries are being offered when,as and if issued by the Corporation and accepted by the Underwriter,subject to LI othe approval of legality of the Bonds by Kutak Rock LLP, Bond Counsel,and to certain other conditions. Certain matters will be passed -', y 3 upon for the Underwriter by its counsel, Kutak Rock LLP. It is expected that delivery of the Bonds will be made on or about 6 A .5 November_,2007 at DTC against payment therefor. I a,b 0 DAVIDSON e- COMPANIES, D.A.Davidson & Co. " member SIPC vg G O 5 o Dated: November_,2007 OtT c 0 o G " V .0 'Preliminary;subject to change. E.-.- 3 4831-2568-4225.1 F-.., 3 4831-2568-4225.1 .NOTICE TO PUBLIC" THE DAILY RECORD ORDINANCE to NO. Article OF OMAHA II A 34 AN ORDINANCE to amend Article VII of 1�'l-t�lll'� Chapter 20 of the Omaha Municipal Code dealing with offenses involving weapons; to RONALD A. HENNINGSEN, Publisher provide for amending Co Section 20-193deof the PROOF OF PUBLICATION Omaha Municipal Code to provide for the destruction of weapons upon the conviction of crimes under the same article;to provide amendments to Section •420,198 of the •• UNITED STATES OF AMERICA, Omaha Municipal Code, to -provide for certain punishment of persons whether a The State of Nebraska, SS. minor or an adult;to provide for amending District of Nebraska, Section 20-205 of the Omaha Municipal Code to clarify terms and altering penalties County of Douglas, for related offenses for any second or Cityof Omaha, conviction; to repeal Sections 20-193, 20-198 and 20-205. of the Omaha Municipal Code as heretofore existing and to J.BOYD provide for the effective date hereof. SUMMARY: beingdulysworn,deposes and says that she is AN ORDINANCE to amend Article VII of ' P S Chapter 20 of the Omaha Municipal Code dealing with offenses involving weapons; to LEGAL EDITOR provide for amending Section 20-193 of the Omaha Municipal Code to provide for the of THE DAILY RECORD, of Omaha, a legal newspaper, printed and f destructioncrimes df wer thehese upon the convictionprovide published dailyin the English language, havinga bona fide paid of under same article;to provide p g amendments to Section 20-198 of the circulation in Douglas County in excess of 300 copies, printed in Omaha Municipal Code to provide for certain punishment of persons whether a 1 Omaha,in said County of Douglas,for more than fifty-two weeks last minor or an adult;to provide for amending past; that the printed notice hereto attached was published in THE .Section 20-205 of the Omaha Municipal Code-to clarify terms and altering penalties DAILY RECORD,of Omaha,on for related offenses for any second or 1 subsequent conviction; to repeal Sections September 5 , 2007 20-193, 20-198 and 20-205 of the Omaha Municipah Code as heretofore existing and to provide for the effective date hereof. PASSED: August 28, 2007,AS AMENDED,7- 0 APPROVED BY: MIKE FAHEY 8/30/07 fi."Irk a aper during that time w. regularly published and MAYOR OF THE a CITY OF OMAHA • eniran:q ati in the County of Do ..,and-State of Nebraska. BUSTER BROWN, ,••'AURAL j City Clerk Q r'C4 ,f i / 9-5 07 ‘AoZ c'FLSON Subscribed in / presence and sworn to before ubiish 1E5 $ 131 A 70 me this 5 th day of dditicmal Coret4 Pptp bur 0 0.7 S jRta �� N • n d ouglas County, State of Nebraska -lead ECG 1�� $' me this- day of simulators, eighteen (18) Tellular Devices with DC and antennae, seventeen (17) ZOLL d(15yional Copi�S�.$_ 20�7 M-Series Biphasic with Pacing and two '•..,MAY 6,2.•- Q? options trade-in, one (1) ZOLL M-Series. St„ t j1�Q1 R - 1 0 - Biphasic with Pacing Trade-in and seventeen le ii4!ann for Douglas County, • (17) 4-by-4 monitors trade-in; to authorize payment from the City of Omaha of - • _ State'of Nebraska $183,117.00, with the payments extending over a period of 48 months; providing for the.paim.ent from a certain account and to 'provide an effective date hereof. WHEREAS, ZOLL Medical Corporation • submitted aquote of $423,117.00 —per year \ t for the equipment and •maintenance package for the four-year purchase order; • and, WHEREAS, Omaha area hospitals have committed to contribute 5240,000.00 toward I this purchase and maintenance agreement by making donation to the Omaha:Fire • Department's Kloewer 'Fund, with the balance of $183,117.00 to paid by the Omaha Fire 1 Department,with payments to be spread over four years beginning August 1,2008; at $45,779.25 per year, and, . WHEREAS, the contractor has on file a current Annual Contract Compliance Report Form (CCU, and the Human Relations Director will monitor the contract to ensure, • compliance with the contract compliance ordinance. . PASSED:.August 28, 2007, 6-0 ' APPROVED BY: MIKE FAHEY 8/30/07 . ( MAYbR OF THE - CITY OF OMAHA BUSTER BROWN, . City Clerk 9-5-07 . eries are being offered when,as and if issued by the Corporation and accepted by the Underwriter,subject to LI othe approval of legality of the Bonds by Kutak Rock LLP, Bond Counsel,and to certain other conditions. Certain matters will be passed -', y 3 upon for the Underwriter by its counsel, Kutak Rock LLP. It is expected that delivery of the Bonds will be made on or about 6 A .5 November_,2007 at DTC against payment therefor. I a,b 0 DAVIDSON e- COMPANIES, D.A.Davidson & Co. " member SIPC vg G O 5 o Dated: November_,2007 OtT c 0 o G " V .0 'Preliminary;subject to change. E.-.- 3 4831-2568-4225.1 F-.., 3 4831-2568-4225.1 Page 1 of i Brown, Buster (CCIk) • From: Chris Castro temporary [tcmcastro@msn.com] Sent: Tuesday, August 21, 2007 7:28 PM To: bbrown@ci.omaha.ne.us Subject: Omaha requires owners of stolen personal property to have permits nationwide? The council is considering destroying all guns used in Omaha crimes UNLESS they are recognized by the owner AND OWNER HAS A PERMIT for it? So if Bellevue, my home town, doesn't require a permit, as the 2nd Amendment and the federal laws do not, Omaha would destroy one of my firearms if it were stolen and involved in a crime in Omaha? Is Omaha going to pay to contact the owners of all firearm owners and heirs in the history of the US that they have siezed weapons used in crimes and ask them if the firearms are rightfully theirs or if they know their firearms have been stolen? Does everyone in the US now have to get Omaha permits in order for their stolen firearms, if used in Omaha crimes, to be returned?Are the permits free and available on the web, or does Omaha levy fees to return stolen property to their rightful owners?What about my car? My artwork? My computer? My expensive silverware including knives and Gerber carving set(knives are weapons frequently used in crimes)? Do I have to register the serial numbers of the money I have so that if it is stolen, Omaha won't destroy it so it won't be used in other crimes like purchasing drugs?What about having to get permits to have money? Chris Castro Bellevue, NE cc: NRA-ILA, NRA • • 8/22/2007 O O0 A 6) a QQ ""! ~ �_,'�C o c N n M Cm V1 C H c 11 \ cn Fir txJ g C 5.i•I OP 0. n 0 3 August 27, 2007 TO: OMAHA CITY COUNCIL MEMBERS FROM: SAMUEL WALKER, UNO SCHOOL OF CRIMINOLOGY RE: RESPONDING TO GUN VIOLENCE IN OMAHA I am submitting this report to all members of the Omaha City Council for your consideration. The report is a Discussion Paper that covers what we know about effective crime policies. It refers to various national resources that are available to help you and the Omaha community respond effectively to the current crisis related to gun violence. ' i • RESPONDING TO GUN VIOLENCE IN OMAHA: WHAT WORKS, WHAT DOESN'T, WHAT CAN BE DONE A DISCUSSION PAPER SAMUEL WALKER UNIVERSITY OF NEBRASKA AT OMAHA August, 2007 THE GUN VIOLENCE CRISIS IN OMAHA Omaha has a very serious problem with gun violence. In July, there were 31 shooting incidents in 31 days. And the shootings have continued into August. Some of:these shooting incidents are gang-related, but others are not. Many are just random acts of violence, arising out of personal disputes. Something needs to be done —and done quickly. But the response needs to be carefully thought-out and involve programs that are proven to be effective. Slogans, cliches, and programs that do not work are the wrong response. The purpose of this paper is to help the Omaha community sort out the various proposals that have been offered and select those that might make a real difference. It is intended to initiate community-wide discussions of long-term responses to the gun violence problem in Omaha. DEVELOPING;SOUND, EFFECTIVE POLICIES We wont solve the gun violence problem by relying on tired old programs that have not proven to be effective. The lesson of the past 20 years is that many "common sense" programs really don't work in practice. We also shouldn't rely on programs that have an emotional or political appeal. Just because they sound good doesn't mean they are effective. oney? Chris Castro Bellevue, NE cc: NRA-ILA, NRA • • 8/22/2007 Some programs do work. The last 20 years have been a period of innovation, experimentation, and evaluation with respect to policing and community violence..Some programs have been tried, evaluated, and found to be effective. The Method of Analysis The method of analysis in this paper involves examining the best scientific evidence about crime program effectiveness. This approach represents a growing national movement known as evidence-based policy making. It is increasingly used in health care policy and is now being applied to criminal justice policy making.' The method is really very simple. It asks, what is the evidence? Is there valid scientific evidence that a particular program is effective? If so, let's try it. If not, we should reject it. VIOLENCE REDUCTION PROPOSALS t: The following section reviews the evidence on violence reduction programs that have been suggested for Omaha. 1. More Police;Officers Many people want to put more officers on the street. This includes more patrol officers in high prime areas. The Omaha Police Department has talked about "flooding the zone" are particularly dangerous areas. The Evidence The evidence on this proposal is very strong. All the experts on policing recognize that simply adding more police —more officers, more police patrol, "flooding" high crime areas, adding foot patrol— does not by itself reduce crime.' Does this mean that Omaha does not need more officers? Not necessarily. The staffing of the Omaha Police Department is a separate question. Omaha may very well need more officers. Bu simply hiring more officers or putting more officers out on the 2 street will not—by itself— impact gun violence. What does work is changing what police officers do out on the street. The mounting evidence is that clearly focused, problem-oriented programs can be effective. This idea is discussed in more detail later.3 The Bottom Line The evidence is clear and strong: more cops on the street won't reduce gun violence. 2. Tougher Gun Laws There are several different proposals for tougher enforcement of gun ownership and the use of guns in crime: tougher penalties for giving people guns, tougher penalties for committing a crime with a gun, stronger police efforts to arrest people with guns. Because they involve very different issues, these ideas have to be considered separately. The Evidence • There is;no evidence that increasing the sentences for illegally owning gun laws will reduce gunviolence. Harsher penalties do not deter either the carrying of guns or their use in crimes. There are several reasons for this.4 Common sense suggests that tougher penalties would deter gun use. When you think about it, however, it is clear why deterrence does not work in this area. Deterrence assumes that the target audience are rational people, who carefully calculate the costs of committing a crime. Our young gun users, however, do not meet this criterion. They are young, impulsive, and not thinking about the future or the consequences of their actions. This point is well-established in studies of both juvenile and adult offenders.5 The Bottom Line There is,no evidence indicating that tougher sentencing laws will reduce gun 3 officers out on the 2 violence. Does this mean we shouldn't make sentences tougher? No. People who commit crimes should be punished appropriately for their wrong doing. We can debate exactly how tough those laws should be. The point, however, is that tough sentences will not stop gun crimes by deterring potential offenders. 3. Getting Guns Off the Street There are a number of proposals to get guns off the street, by seizing them, asking people to turn them in voluntarily (usually called "buy-back" programs), and destroying seized guns. The Evidence There is substantial evidence that gun seizure or gun "buy-back" programs do not reduce crime.6 The reasons for this ineffectiveness are clear. There are many, many guns out there on the street. Someone who wants to obtain a gun illegally has no trouble getting one. (The Omaha World Herald had a very good story on this point on Sunday, August 12). Seizing a few hundred guns from offenders or buying back guns from people who no longer Want them is sort of like trying to bail out the Atlantic Ocean with a bucket. There is some evidence that clearly focused enforcement efforts at illegal gun possession can,work. But—and this is crucial— indiscriminate "crackdowns" or "sweeps" backfire. They sweep up too many people who are not really in illegal possession of a gun and as a result alienate the community. The single most effective program, The Boston Gun Project, was carefully planned, narrowly focused, and included a very strong component of partnerships with community groups.' The Bottom Line Gun buy-backs and gun seizures, by themselves, do not reduce gun violence. There is some evidence that carefully designed and focused illegal gun enforcement efforts can work. 4 4. Surveillance Cameras Closed circuit televison (CCTV) surveillance cameras are an increasingly popular idea. Many people believe it will both deter crime and help identify offenders. The Evidence England has a long history with CCTVs as a crime reduction strategy. Their effectiveness has also been evaluated very rigorously by some of the best criminologists. The evidence indicates that CCTVs are only marginally effective and have no impact on violent crime. A review by the Home Office in England examined 22 studies that met the standard of good scientific research.' ** Only half (11) found a reduction in crime ** Five found an undesirable effect on crime ** Even in the studies that found a positive effect, the reduction in crime was relatively small ** CCTVs had no effect on violent crime ** CCTVs had some effect on vehicle crimes The Bottom Line There is no evidence indicating that CCTVs will not solve the gun violence problem in Omaha. Does that mean that CCTVs are completely useless? No. CCTVs can be effective in specific locations. Retail stores use them, and they have been effective in helping to identify offenders. They also may be effective in Omaha Housing Authority units. 5 backfire. They sweep up too many people who are not really in illegal possession of a gun and as a result alienate the community. The single most effective program, The Boston Gun Project, was carefully planned, narrowly focused, and included a very strong component of partnerships with community groups.' The Bottom Line Gun buy-backs and gun seizures, by themselves, do not reduce gun violence. There is some evidence that carefully designed and focused illegal gun enforcement efforts can work. 4 • WHAT DOES WORK? The situation is not hopeless. We have actually learned a lot about crime and policing in the last 20 years. There has been a lot of innovation and experimentation, and many of those new ideas have been carefully evaluated. Some have proven to be a success. Omaha needs to look at this evidence. Guiding Principles The experience of the last 20 years has led the experts to develop a few core principles for effective crime fighting. ** The police cannot do it alone The police have very limited resources. They can't do it by themselves, and they need the cooperation of people in the community and other organizations. ** Partnerships with neighborhood residents, the faith community, other criminal justice agencies, and business organizations are absolutely essential The idea of partnerships is the foundation of community policing, problem- oriented policing, and all of the innovative programs that have been successful. This was the primary basis for the successful Boston Gun Project. ** We can't solve the problem through arrests and convictions alone We will never arrest and convict our way out of this problem. Successful programs have used a variety of non-criminal justice measures, including civil law remedies, environmental design, and social service programs, all working together. ** Programs need to be clearly focused on specific problem and areas Attacking "crime" in some global, unfocused sense does not work. 6 onent of partnerships with community groups.' The Bottom Line Gun buy-backs and gun seizures, by themselves, do not reduce gun violence. There is some evidence that carefully designed and focused illegal gun enforcement efforts can work. 4 Successful programs need to focus on particular problems in specific areas. Examples include: open drug dealing on particular streets; loiterers or gang members hanging out on particular street corners; open prostitution ** The police need to build trust Partnerships are the key to effective programs. To build partnerships, the police need to build trust among community residents. You don't build trust by lecturing people about how they need to come forward with information. The police department needs to take the initiative and develop working partnerships around focused neighborhood problems. Building trust also requires being responsive to concerns and complaints about police behavior. This requires effective citizen oversight of the police. Omaha took a serious step backward when it fired the Omaha Police Auditor last year. The National Academy of Sciences found that "the more legitimacy the police have among their different audiences, the more effective they can be."9 ** Omaha needs to utilize national resources We have learned a lot about violence and policing in the last 20 years. The valuable lessons of this experience are available — Omaha just needs to reach out and take advantage of this body of knowledge. This knowledge is readily available to the Omaha community: in reports that are available on the web, through law enforcement officials in other cities who have been involved in successful programs; through academic experts who have studied crime reduction programs. It is simply a matter of reaching out and utilizing this body of expertise. A Place to Start One place to start is the Center on Problem-Oriented Policing at the University of 7 rcement efforts can work. 4 • • Wisconsin. The Center has published over 40 useful Guides on specific crime and disorder problems. The Center's report on Gun Violence Among Serious Young Offenders offers a number of very valuable suggestions. The introduction to the Gun Violence report describes the basic operating principles of an effective approach. They include: ** "Understanding basic-problem-oriented policing principles and methods" ** "Look at a problem in depth" ** "Consider new ways of doing police business" ** "Understand the value and the limits of research knowledge" *`willing to work with other community agencies to find effective solutions to the problem" This report and many other valuable materials are available at www.popcenter..orq. CONCLUSION: Omaha has a serious problem with gun violence. Having 31 gun incidents in 31 days is not the kind of community we want to live in. It is also not the kind of community that will attract new businesses and young professionals. New approaches are needed, but Omaha does not have to reinvent the wheel on this. There is a lot of experience, published resources, and experts available around the country. The Omaha community needs to begin a dialogue about how best to use these resources. 8 readily available to the Omaha community: in reports that are available on the web, through law enforcement officials in other cities who have been involved in successful programs; through academic experts who have studied crime reduction programs. It is simply a matter of reaching out and utilizing this body of expertise. A Place to Start One place to start is the Center on Problem-Oriented Policing at the University of 7 rcement efforts can work. 4 ABOUT THE AUTHOR Samuel Walker is Professor Emeritus of Criminal Justice at the University of Nebraska at Omaha where he taught for 31 years. Presently, he continues research, writing and consulting on police and criminal justice policy issues. In the past year and a half, he has been a paid consultant to the Los Angeles Police Department, the Chicago Police Department, the Governor's Task Force on the New Jersey State Police, and the Court-appointed Monitor for the Oakland (CA) Police Department. On crime policy, he is the author of Sense and Nonsense About Crime and Drugs:A Policy Guide, 6' edition, 2006. 9 o . 1. Lawrence W. Sherman, et al.,Preventing Crime: What Works, What Doesn't, What's Promising(Washington, DC: Department of Justice, 1997). 2. National Academy of Sciences,Fairness and Effectiveness in Policing: The Evidence (Washington, DC: National Academy Press, 2004). 3. The Center on Problem-Oriented Policing at the University of Wisconsin has published a set of Guides related to specific crime and disorder problems. They are available at www.popcenter.org. 4. National Research Council,Firearms and Violence:A Critical Review(Washington, DC: National Research Council, 2005). 5. On the issues of both gun violence and deterrence, see Samuel Walker, Sense and Nonsense About Crime and Drugs, 6th ed. (Belmont, CA: Wadsworth, 2006). 6. Martha Plotkin, ed., Under Fire: Gun Buy-Backs, Exchange, and Amnesty Programs (Washington, DC: Police Executive Research Forum, 1996). 7.National Research Council,Firearms and Violence:A Critical Review,pp. 230-241. David M. Kennedy, et al.,Reducing Gun Violence: The Boston Gun Project's Operation Ceasefire (Washington, DC: Department of Justice, 2001). 8. Brandon Welsh and David P. Farrington, Crime Prevention Effects of Close Circuit Television:A Systematic Review, Home Office Research Study 252 (London: The Home Office, 2002). See also Jerry Ratcliffe, Video Surveillance of Public Places(Madison, WI: Center on Problem-Oriented Policing, 2006). Available at www.popcenter.org. 9. National Academy of Sciences,Fairness and Effectiveness in Policing: The Evidence,p. 291. • 10 nd utilizing this body of expertise. A Place to Start One place to start is the Center on Problem-Oriented Policing at the University of 7 rcement efforts can work. 4 • Y CAD n O ° C cD O • No d () a' O • ° "I o •• O O 0 • c:/10 ._ trJ cu Q• ag g O Los Angeles Police Department, the Chicago Police Department, the Governor's Task Force on the New Jersey State Police, and the Court-appointed Monitor for the Oakland (CA) Police Department. On crime policy, he is the author of Sense and Nonsense About Crime and Drugs:A Policy Guide, 6' edition, 2006. 9 o . Ord. to amend Article VII of Chapter 20 Page 1 of 2 Brown, Buster(CCIk) From: Allen,Andreas J NWO CONTRACTOR[Andreas.J.Allen@nwo02.usace.army.mill Sent: Tuesday,August 28, 2007 9:46 AM To: bbrown@ci.omaha.ne.us Cc: dwelch@ci.omaha.ne.us Subject: Ord.to amend Article VII of Chapter 20 Mr. Brown, I had sent letters to several councilmen pointing out problems with the proposed changes to Chapter 20 of the city code. I am including a portion of this information so it can be attached to the minutes on this item. I am writing to discus the Mayor's proposals to fight the rise in violent crime in our city. I will try to address each of the 3 proposals in order. I apologize now for the length of this letter but this has many different proposals included and I try to offer suggestions for improvement rather than just negative comments about other proposals. Sec 20-193 Confiscation The Mayor is requesting to make it required that confiscated firearms be automatically destroyed. The state has already made law on this subject that the City of Omaha is required to abide by see Section 28-1204.04 of the State Statutes, it states(3)Any Firearm confiscated by or given to a peace officer . . . After the firearm is no longer needed as evidence shall be destroyed in such manner as the court may direct. Subsection four goes on to create the process for petitioning for destruction and the ability for individuals whose firearms had been stolen to petition the court to get them returned and the interest of the state to salvage any firearm having significant antique value or historical significance and their disposition. Any change or violation of these rules would open the City to Civil claims from gun owners whose guns should have been returned or the States permanent school fund,which would be the benefactor of historical or antique firearms. This by law should already be the way confiscated firearms are handled; the Mayor is making an empty proposal. Sec 20-198 Sale of Firearm to a Minor First state and federal law only prohibit the sale of concealable weapons to a person between 18 and 21 by FFL's not by"any person" and a conviction on this ordinance would be appealed and most likely overturned(discussed more in penalties). As well the proposed penalties section is overruled by state law. Section 28-1204.01 requires the County Attorney to have"Any Person"who knowingly and intentionally attempts to sell, provide, loan, deliver, or in any other way transfer the possession of a firearm to a juvenile be served a petition for the offence of unlawful transfer of a firearm to a juvenile. This, according to state law is a class IV felony,which is subject to five years imprisonment, or ten thousand dollar fine, or both. This is already much more severe(a felony conviction that would be subject to habitual criminal penalties)and fully encompassing than the proposed city ordinance. This is another empty proposal by the Mayor. Sec 20-205 Penalties The existing Code is flawed in the fact that it bans people under the age of 21 from possessing a concealable firearm. State and Federal law ban people under the age of 21 from purchasing a concealable firearm from an FFL, but allow them to possess the firearm(it may be part of an inheritance that the person receives upon turning 18 or a gift from a family member for training, target shooting or 8/28/2007 Ord. to amend Article VII of Chapter 20 Page 2 of 2 • personal protection). Second the state law sets the punishment for these offenses as class III misdemeanors (Section 28-1204) carrying a maximum of three months imprisonment, or five hundred dollar fine, or both. The cities law would be challenged in the courts and appealed costing the city additional expenditures for something that would be struck down by the courts due to equal protections/undue restrictions of constitutionally protected rights(see related Attorney General Opinion 96089,by Don Stenberg Dec., 1996). Here the proposal is not only empty but in conflict with the Nebraska Constitution and State Statute, needlessly costing us taxpayers money. Overall these types of"feel good" proposals have been proven to be completely ineffective at reducing crime. In fact in Does Gun Control Reduce Crime or Does Crime Increase Gun Control? By John C. Moorehouse and Brent Wanner Published Cato Journal, Vol. 26,No. 1 (Winter 2006)comes to the conclusion that"Government extensive and intrusive enough to regulate . . . would raise significant civil liberties issues. Mayor Fahey was correct in stating that the root cause of these problems (as all studies agree)is poverty and drugs, which creates breeding grounds for gangs and violence with a complete disregard for life, and there is no quick fix to these problems. What has shown itself to be an immediate help in curbing violence? According to Better Gun Enforcement, Less Crime By Jens Ludwig Georgetown University and National Bureau of Economic Research,Published in 2005, in a study of Project Safe Neighborhoods(it also makes comparisons to projects Exile and Ceasefire) and a major federal initiative to combat gun violence including elements such as gun locks and other efforts to reduce gun availability effects on gun crime, as well as enforcement activities including increasing the severity of punishments. The most effective use of funds in controlling violent crime is enforcement activities such as targeted patrols. Their study found that increased police manpower in problem areas was the best deterrent to violence. In one case they documented, there was an increase of 1000 man hours per week in a problem area. To obtain that kind of increase takes a lot more than moving 3 or 4 officers to new assignments. Andreas J. Allen 1902 S. 29th Cir Omaha,NE 68105 8/28/2007 attempts to sell, provide, loan, deliver, or in any other way transfer the possession of a firearm to a juvenile be served a petition for the offence of unlawful transfer of a firearm to a juvenile. This, according to state law is a class IV felony,which is subject to five years imprisonment, or ten thousand dollar fine, or both. This is already much more severe(a felony conviction that would be subject to habitual criminal penalties)and fully encompassing than the proposed city ordinance. This is another empty proposal by the Mayor. Sec 20-205 Penalties The existing Code is flawed in the fact that it bans people under the age of 21 from possessing a concealable firearm. State and Federal law ban people under the age of 21 from purchasing a concealable firearm from an FFL, but allow them to possess the firearm(it may be part of an inheritance that the person receives upon turning 18 or a gift from a family member for training, target shooting or 8/28/2007 • O Q n O Ti oo Q. t•.) O C7 CD O $4 .ems -' CAD 0 o O 2, a 0 o w 0 N. P cn Cd o o, ag g O Los Angeles Police Department, the Chicago Police Department, the Governor's Task Force on the New Jersey State Police, and the Court-appointed Monitor for the Oakland (CA) Police Department. On crime policy, he is the author of Sense and Nonsense About Crime and Drugs:A Policy Guide, 6' edition, 2006. 9 o .