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ORD 2001-03 .. ORDINANCE NO. 2001-03 REVISION OF ORDINANCE PROHIBITING THE CARRYING OF WEAPONS IN CERTAIN COUNTY OWNED BUILDINGS & PROPERTY (SUPERSEDES ORDINANCE NO. 2000-02): INDEX Section 1 Statement of Authority and Purpose Section 2 Definitions Section 3 Prohibition of Weapons in County Owned Buildings & Property Section 4 Exceptions Section 5 Areas Subject to Prohibition Section 6 Penalty Section 7 Severability Section 8 Effective Date 1. STATEMENT OF AUTHORITY & PURPOSE A. f45-8-351, MCA, authorizes the County to prevent and suppress the carrying of concealed and unconcealed weapons to public assemblies and publicly owned buildings B. f45-8-328(l)(a), MCA, prohibits the carrying of a concealed weapon with or without a permit in any building owned or leased by the federal, state or local government. C. f45-8-333, MCA, prohibits the possession of explosives where such possession intimidates, terrifies or endangers another human being. D. f7-8-2201, MCA, authorizes the Board of County Commissioners to manage County property. E. Courthouse security and workplace security are issues ofincreasing concern in Montana and the nation. I. ORDINANCE 2. DEFINITIONS The following words and terms as used in this ordinance shall have the following meanings, A. "Destructive Device" means: (1) a projectile containing an explosive or incendiary material or any other similar chemical substance, including but not limited to that which is commonly known as tracer or incendiary ammunition, except tracer ammunition manufactured for use in shotguns; (2) a bomb, grenade, explosive missile, or similar device or a launching device therefor; (3) a weapon of a caliber greater than .60 caliber which fires fixed ammunition or any ammunition therefor, other than a shotgun or shotgun ammunition,. (4) a rocket, rocket-propelled projectile, or similar device or a diameter greater than o. 60 inch or a launching device therefor and a rocket, rocket-propelled projectile, or similar device containing an explosive or incendiary material or any other similar chemical substance other than the propellant for the device, except devices designed primarily for emergency or distress signaling purposes; (5) a breakable container which contains a flammable liquid with a flashpoint of 15 0 degrees Fahrenheit or less and which has a wick or similar device capable, of being ignited, other than a device which is commercially manufactured primarily for the purpose of illumination. B. "Firearm" means any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; or any destructive device. C. "Weapon" means dirk, dagger, throwing star, numchucks, pistol, revolver, rifle, shotgun, firearm, slingshot, sword cane, billy club, knuckles made of any metal or hard substance, knife having a blade 4 inches long or longer, razor, not including a safety razor, other deadly weapon or destructive device. 3. PROHIBITION OF WEAPONS IN COUNTY OWNED BUILDINGS & PROPERTY A. The carrying or possession of a weapon in or on County owned buildings and property describe in Section 5 by any person is prohibited, except as provided in Section 4. 2. ORDINANCE 4. EXCEPTIONS A. The provisions of Section 3 do not apply to: (1) Any peace officer of the State of Montana. (2) Any civil officer of the State of Montana. (3) Any officer of the United States government authorized to carry a concealed weapon. (4) Any member of the armed services or reserve forces of the United States or National Guard, while in the performance of their official duties. (S) A person summoned to the aid of any of the persons named in subsections (1) through (3). (6) A probation and parole officer authorized to carry a firearm under f46-23-1002, MCA. (7) An agent of the Montana Department of Justice or a criminal investigator in a county attorney's office. (8) Courtpersonnel, attorneys and witnesses incourtproceedings in which a weapon is used as evidence. (9) A person who recovers a weapon which was held in custody by a law enforcement agency, (10) A person who sells or buys a weapon in aforeclosure or sale to recover a debt or enforce a judgment. (11) A person who is a participant in a public event or program, including but not limited to a gun show, gun safety program or rifle range, which is authorized by the County to occur on County property. (12) A sponsored event or display authorized by the County. 3. ORDINANCE 5. AREAS SUBJECT TO PROHIBITION A. The County owned properties to which the prohibition in Section 3 applies are: (1) Jefferson County Courthouse, Boulder, Montana, including all lawns and sidewalks leading into the building. (2) The Jefferson County Sheriff's Office, Boulder, including all lawns, parking areas, and sidewalks leading into the buildings. (3) All Jefferson County Libraries located in Boulder and Whitehall, Montana, including all lawns, parking areas, and sidewalks leading into the buildings, (4) All Jefferson County Shops; storage area; or any other County facilities where ever located and any and all other Jefferson County owned or operated facilities, including all lawns, parking areas, and sidewalks leading into the buildings or facilities. 6. PENALTY A. Violation of this ordinance is a misdemeanor and is punishable by afine not to exceed Five Hundred Dollars ($500.00) and/or imprisonment of up to six (6) months in the county jail. 7. SEVERABILITY A. If part of this ordinance is invalid, all valid parts that are severable for the invalid part remains in effect. If a part of this ordinance is invalid in one or more applications, the part remains in effect in all valid applications. 8. EFFECTIVE A. This ordinance shall take effect thirty (30) days after its 2nd Reading and Approval. B. The Jefferson County Clerk and Recorder shall post a copy of this ordinance, and shall make copies available to the public upon 1 st Reading and Approval of this ordinance 4. ORDINANCE Passed and Adopted this 2. ~ day of ~ ,2001. ~~ SAM SAMSON, Chair ./" ./' ~/~ ATTEST: ~ 5. ORDINANCE