HomeMy WebLinkAboutOrdinance No. O98-05ORDINANCE NO. 098- 098-5
AN ORDINANCE OF THE CITY OF LAUREL,
PROVIDING THAT THE LAUREL, MONTANA CITY CODE BE
AMENDED BY ADDING A SECTION TO BE NUMBERED 2.10.110;
PROHIBITING THE CARRYING OR CONCEALING OF WEAPONS,
FIREARMS OR EXPLOSIVES AT CITY COUNCIL PROCEEDINGS;
PROVIDING APPROPRIATE SIGNING; ESTABLISHING PENALTIES
FOR SUCH A VIOLATION AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAUREL,
MONTANA:
Section 1. That the Laurel, Montana City Code be amended by adding a Section to be
numbered 2.10.110, to read as follows:
Section 2.10.110. Prohibiting weapons, firearms and explosives at city council
proceedings.
(a) Statement of Authority and Purpose.
(])
(2)
(3)
(4)
Section 45-8-351, MCA authorizes cities to prevent and suppress the
carrying of concealed or unconcealed weapons to public assemblies under
its jurisdiction;
Section 45-8-328 (1) (a), MCA prohibits the carrying of concealed
weapons with or without a permit in any building owned or leased by a
local government;
Section 45-8-333, MCA prohibits the possession of explosives where such
possession intimidates, terrifies or endangers another human being; and
The security of City Council proceedings and the safety of its participants
are of paramount concern.
(b) Definitions.
(1)
(2)
Councilproceedings means all regularly scheduled meetings of the Laurel
City Council, all specially-called meetings of the Laurel City Council and
all agenda meetings of the Laurel City Council wherever such meetings
may be held.
Destructive device means:
(a) 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 trace
ammunition manufactured for use in shotguns;
(b) A bomb, grenade, explosive missile or similar device or a
launching device therefore;
(3)
(4)
(c) A weapon of a caliber greater than .60 caliber which fires fixed
ammunition or any ammunition therefore, other than a shotgun or
shotgun ammunition;
(d) A rocket, rocket-propelled projectile or similar device of a
diameter greater than .60 inches or a launching device therefore
and a rocket, rocket-propelled projectile or a 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;
(e) A breakable container which contains a flammable liquid with a
flashpoint of 150 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.
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 any explosive; the frame or receiver of any such weapon; or any firearm
muffler or firearm silencer or any destructive device.
Law enforcement personnel means:
(a) Any sworn peace officer of the City of Laurel;
(b) Any sworn peace officer of the State of Montana;
(c) Any officer of the United States Government authorized to carry a
concealed weapon;
(d) Any member of the armed services or reserve forces of the United
States or National Guard while in performance of their official
duties;
(e) A person sununoned to the aid of any of the persons named in
subsections (a) through (d);
(f) A probation and parole officer authorized to carry a firearm by the
Montana Department of Corrections;
(g) An agent of the Montana Department of Justice or a criminal
investigator in a County Attorney's office;
(h) A person authorized by the Laurel Chief of Police to carry or
possess an unconcealed weapon on city property.
Weapon means a dirk, dagger, pistol, revolver, rifle, shotgun, firearm,
slingshot, sword, cane, billy, knuckles made of any metal or hard
substance, razor (not including a safety razor) or other deadly weapon or
destructive device.
(c)
Prohibition of weapons, firearms, and destructive devices at city council
meetings.
The carrying or possession of weapons, firearms or destructive devices at Laurel City
Council proceedings by any person except law enforcement personnel is prohibited.
(d) Signing.
Suitable signs giving notice that weapons, firearms and destructive devices are prohibited
at Laurel City Council proceedings will be posted in appropriate areas.
(e) Penalties.
A person convicted of carrying or possessing weapons, firearms or destructive devices at
Laurel City Council proceedings shall be fined hot to exceed $500.00 or by imprisonment not to
exceed six (6) months or both.
Section 2. Effective date. This ordinance shall be effective thirty (30) days after
second reading and final adoption as provided by law.
Section 3. Repealer. All resolutions, ordinances, and sections of the City Code
inconsistent herewith are hereby repealed.
Section 4. Severability. If any provision of this ordinance or the application thereof
to any person or circumstances is held invalid, such invalidity shall not affect the other
provisions of this ordinance which may be given effect withom the invalid provisions or
application, and, to this end, the provisions of this ordinance are declared to be severable.
PASSED by the City Council on first reading this 2 0 th day of
October
1998.
PASSED, ADOPTED and APPROVED on second reading this 4th
November ., 1998.
day of
CITY OF LAUREL
~2harles G. Rodjers, I~ayory -
ATTEST:
Donald L. Hackmann, Clerk-Treasurer
Approved as to form:
V2J~eckie, Ciiy Attorney