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HomeMy WebLinkAboutAgenda 10-15-19 Item 8-d - Amendment to Sections of the Code of Ordinances 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: October 15, 2019 Action Agenda Item No. 8-d SUBJECT: Amendment to Sections of the Code of Ordinances DEPARTMENT: County Attorney ATTACHMENT(S): INFORMATION CONTACT: Resolution John Roberts, County Attorney, 245- Code Section 18-151 2318 PURPOSE: To amend the Code of Ordinances to clarify an inconsistency in definitions. BACKGROUND: An item was brought to the County Attorney's attention by an Orange County resident. Although most weapons of any kind are prohibited in County owned or operated buildings, pocket knives have always been allowed. Earlier this year a resident pointed out that Section 18-6 of the Code generally described pocket knives as a folding instrument having a blade less than four inches long while Section 18-151 described a pocket knife as having a blade less than three inches long. Pocket knives are still somewhat regularly carried by Orange County residents and are allowed in County buildings. It is important to the public and the County to have consistency in the definition. The attached resolution will amend the Code of Ordinances to delete the standalone definition in Section 18-151, and in that section refer to the pre-existing definition in Section 18-6 of a pocket knife being foldable and having a blade less than four inches long. FINANCIAL IMPACT: There is no financial impact associated with this item. ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal impact associated with this item. SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal impact associated with this item. RECOMMENDATION(S): The Manager recommends the Board amend the Code of Ordinances and adopt the attached resolution. 2 RES-2019-064 RESOLUTION OF AMENDMENT A RESOLUTION AMENDING CHAPTER 18 OF THE ORANGE COUNTY CODE OF ORDINANCES Be it Resolved and Ordained by the Board of Commissioners of Orange County, North Carolina: WHEREAS, the Board of Commissioners has determined there is an inconsistency in the language that defines the term "pocket knife" in Chapter 18 of the Code of Ordinances; and WHEREAS, the Board of Commissioners has determined an amendment is necessary to maintain consistency in the Code of Ordinances. NOW THEREFORE BE IT ORDAINED, that the Code of Ordinances, Orange County, North Carolina, Chapter 18, is hereby amended by amending the definition of"knife" in Section §18-6 and the definition of"pocket knife" in Section §18-151, which amended definitions read as shown in the attached revised Ordinance. This Amendment shall become effective upon adoption. Adopted by the Orange County Board of Commissioners this day of October, 2019. By: Attest: Penny Rich, Chair Donna Baker, Clerk to the Board Orange County Board of Commissioners [SEAL] 3 ORD-2019-036 Except as specifically modified herein all other terms in the following sections are not amended and shall remain in full force and effect. Sec. 18-6.-Definitions Knife means a cutting instrument consisting of a sharp blade.A pocket knife,carried and/or possessed in a closed position,with a blade not exceeding four inches long that provides for its point and cutting edge to be entirely enclosed by its handle and that may not be opened by throwing,explosive or spring action is not,for purposes of this Ordinance,a knife,the carrying or possession of which is prohibited under this chapter. • Sec. 18-151.-Definitions. Peeket- Knife and Pocket Knife overall length of three inches or loss when in its e sod p tionhave the same meaning and definition as those terms are defined in Section 18-6 of this Chapter.