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Home My WebLink AboutAgenda - 02-07-2012 - 5iORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February 7, 2012 Action Agenda Item No. _- j _ SUBJECT: Amendment to Oran a County Code of Ordinances Re arding Weapons DEPARTMENT: Attorney's Office PUBLIC HEARING: (Y/N) No ATTACHMENT(S): Chapter 18 Amendment Resolution of Adoption INFORMATION CONTACT: John Roberts, (919) 245-2318 PURPOSE: To amend the Orange County Code of Ordinances and prohibit the carrying of concealed weapons on certain Orange County property. BACKGROUND: In July 2011 the North Carolina General Assembly adopted Session Law 2011-268, which amended North Carolina General Statute §14-415.23 to significantly expand the ability of Concealed Carry permittees to possess concealed weapons statewide. The General Assembly simultaneously provided local governments the authority to regulate carrying concealed weapons on and in local government owned recreational facilities including playgrounds, athletic fields, swimming pools, and athletic facilities. Through the amendment of Chapter 18, Article V of the Orange County Code of Ordinances, the Board of Commissioners may exercise the authority granted by the General Assembly to prohibit the carrying of concealed weapons on and in certain Orange County properties. FINANCIAL IMPACT: There is no financial impact associated with this amendment RECOMMENDATION(S): The Manager recommends the Board adopt the amendment by approving and authorizing the Chair to sign the attached resolution amending the Orange County Code of Ordinances to prohibit the carrying of concealed weapons on certain Orange County properties. 2 ARTICLE V. WEAPONS* Cross References: Weapons in parks, § 26-53. (repealed), Orange County Facilities Use Policy. Sec. 18-151. Definitions. For purposes of this section and any other Code of Ordinances section that addresses the possession of firearms or weapons, the following terms are hereby defined: (1) Athletic field means a piece of land traditionally used for organized athletic or sporting event(s), including the adjoining spectator area. (2) Athletic facility means a building, structure or place including a walking trail, greenway and body of water such as a lake for engaging in sporting events, recreational activities, fitness or physical training. (3) Playground means a piece of land used for and usually equipped with facilities for recreation especially by children including the adjoining area and shelter used by children for respite, eating and playing sedentary games. (4) Recreational facilities include the following: a playground, an athletic field, a swimming pool, and athletic facility owned or operated by the county. (5) Weapon includes, but is not limited to, any handgun, gun, rifle, shotgun, weapon of mass destruction, or knife. (Ord. of 11-1-1995, § 6.1, eff. 11-2-1995, Amend. of _-_-2012, eff. _-_-201 Sec. 18-152. Prohibition. (1) It shall be unlawful for any person to possess or carry a concealed or non-concealed handgun or weapon, on or in any building or its appurtenant premises including, but not limited to, a parking lot or park or other county-owned or operated property or on or in any public school building or grounds. (2) It shall be unlawful for any person to possess or carry a concealed or non-concealed handgun, with or without a permit, or weapon on, in or within any of the recreational facilities as defined above in any of the county parks listed below or in any building, its appurtenant premises or other county owned or operated property. Except as otherwise provided herein, the County Manager or his designee is authorized and directed to post, in conspicuous locations, notices of this prohibition against carrying a concealed handgun. Nevertheless, the concealed handgun permittee may, at the designated parking area of a recreational facility, athletic field, athletic facility or playground, secure the handgun in a locked vehicle within the trunk, glove box, or other enclosed compartment or area within or on the motor vehicle. (Ord. of 11-1-1995, § 6.1, eff. 11-2-1995; Amend. of 5-5-1997, eff. 5-6-1997; Amend. of _-_- 2012, eff. _-_-201 Sec. 18-153. Exceptions. 3 The prohibitions contained in section 18-152 shall not apply to the following: (1) Officers and enlisted personnel of the armed forces of the United States when in discharge of their official duties as such and acting under lawful orders requiring them to carry a concealed handgun, a firearm, or other weapon; (2) Civil officers or employees of the United States, of the state or of the county while in the discharge of their official duties as such and acting under lawful orders requiring them to carry a concealed handgun, a firearm, or other weapon; (3) Officers and soldiers of the militia and the state national guard when called into actual service as such and acting under lawful orders requiring them to carry a concealed handgun, a firearm, or other weapon; (4) Officers of the state, or any county, city or town charged with the enforcement of laws of the state, when acting in the discharge of their official duties as such and acting under lawful orders requiring them to carry a concealed handgun, a firearm, , or other weapon; (5) Any person delivering a firearm, or other weapon; (6) As to the prohibition of carrying or possession of a knife, employees of a contractor or other business doing business on county property when in discharge of their official duties as such in fulfillment of a contract with county and acting under orders requiring the carrying of a knife; and (7) The carrying or discharge of guns or muskets on outdoor county recreation facilities for ceremonial or battle re-enactment purposes where such activities have been granted approval and written permission by the County Manager or his or her designee. However, in no event shall live ammunition be discharged. (8) The storing of a firearm or lawfully possessed weapon within a motor vehicle while the vehicle is in a designated parking area or parking lot on county property in a locked motor vehicle within the trunk, glove box, or other enclosed compartment or area within or on the motor vehicle. (Ord. of 11-1-1995, § 6.2, eff. 11-2-1995; Amend. of 5-5-1997, eff. 5-6-1997; Amend. of _-_- 2012, eff. _-_-201 Sec. 18-154. Parks and Facilities. Concealed or non-concealed handguns and other concealed or non-concealed weapons are prohibited in or on recreational facilities in the following parks: 4 Cedar Grove Park, Central Recreation Center, Efland-Cheeks Park & Community Center, Eurosport Soccer Center, Fairview Park, Little River Regional Park & Natural Area, Orange County Sportsplex, River Park & Public Market House. Ord. of 11-1-1995, eff. 11-2-1995; Amend. of _-_-2012, eff. _-_-201 Sec. 18-155. Notice and Signage. Except as otherwise provided herein the County Manager or his or her designee is authorized and directed to post in conspicuous locations on county-owned or operated property notices regarding the prohibitions contained in this Article. The Department of Environment, Agriculture, Parks & Recreation Director shall identify and post all recreational facilities within county parks and greenways where the carrying or possession of weapons including concealed handguns is prohibited. The recreation centers are considered buildings; therefore, weapons including concealed handguns are prohibited. Ord. of 11-1-1995, eff. 11-2-1995; Amend. of _-_-2012, eff. _-_-201 ~ Secs. 18-156--18-185. Reserved. RES-~~ia-o-s ORtD- iota- ®03 ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION OF AMENDMENT A RESOLUTION AMENDING CHAPTER 18, ARTICLE V SECTIONS 18-151 THROUGH 18-155 OF THE ORANGE COUNTY CODE OF ORDINANCES Be it Resolved by the Board of Commissioners of Orange County, North Carolina: 5 WHEREAS, Orange County, through ordinance, has prohibited the carrying of weapons, concealed or non-concealed, on Orange County-owned property; and WHEREAS, in 2011 the General Assembly of North Carolina expanded the ability of concealed carry permittees to carry concealed weapons statewide with few exceptions; and WHEREAS, the General Assembly simultaneously authorized local governments to restrict and prohibit the carrying of concealed weapons on certain local government-owned property; and WHEREAS, the Board of Commissioners of Orange County, believing it to be in the best interest of the citizens and residents of Orange County, have determined that weapons whether concealed or non-concealed should not be carried on certain Orange County-owned property; NOW THEREFORE, the Orange County Board of Commissioners hereby amends Chapter 18, Article V, Sections 18-151 through 18-155 of the Orange County Code of Ordinances to prohibit the carrying of concealed weapons in Orange County-owned buildings and in, at, or on Orange County Recreational Facilities. This Amendment shall become effective upon adoption. Adopted by the Orange County Board of Commissioners this 7~ day of February, 2012. By Attest: Bernadette Pelissier, Chair Donna Baker, Clerk to the Board Orange County Board of Commissioners [SEAL]