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Home My WebLink AboutOrdinance 96- 1420, Adds Ch. 9.93, weapons in public buildings and property ORDINANCE NO. 1420 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING A NEW CHAPTER TO BE NUMBERED AS CHAPTER 9.93; PROVIDING FOR THE PROHIBITION OF CARRYING WEAPONS IN ALL CITY-OWNED BUILDINGS AND PARKS. WHEREAS, Section 45-8-351 (2), Montana Code Annotated, authorizes the City to prevent and suppress the carrying of concealed and unconcealed weapons to public assemblies. public- . owned buildings and City-owned parks; and WHEREAS, Section 45-8-328( 1 )(a), Montana Code Annotated, 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; and WHEREAS, Section 45-8-333, Montana Code Annotated, prohibits the possession of explosives where such possession intimidates, terrifies or endangers another human being; and WHEREAS, Section 7-1-4123, Montana Code Annotated, authorizes a municipality with general powers to adopt ordinances to preserve peace and order secure freedom from dangerous or noxious activities, and to secure and promote the general public health and welfare; and WHEREAS, Section 7-3-4313, Montana Code Annotated, authorizes the City Commission to define, prohibit, abate, suppress, and prevent all things detrimental to the health, morals, comfort, . safety, convenience, and welfare of the inhabitants of the municipality and all nuisances and the causes thereof, and further to regulate and control the use of streets and other public places; and WHEREAS, public property and workplace security are issues of increasing concern in Montana and the nation; and public property and buildings have been targets of violence; and WHEREAS, the Bozeman City Commission hereby finds that it is necessary to protect the citizens in and at publicly-owned property and buildings from acts of violence and injury and death. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana, that Section 1 The Bozeman Municipal Code be amended by adding a new chapter to be numbered Chapter 9.93, to read as follows: . "Chapter 9.93 Weapons in Public Buildings and Property 9.93.010 Definitions. The following words and terms, as used in this chapter, 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 of a diameter greater . than .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 1500 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 any explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; or any destructive device. C. "Park" means is a park, playground, recreation complex or any other area in the city, developed or undeveloped, owned or used by the City, and devoted to active or passive recreation. D. "Weapon" means dirk; dagger; pistol; revolver; rifle; shotgun; firearm; slingshot; sword . cane; billy; knuckles made of any metal or hard surface; razor, not including a safety razor; or other deadly weapon or destructive device. 9.93.020 Prohibition of weapons in City-owned buildinQs and property. The carrying or possession of a weapon by any person in or on the City~owned buildings and property described in Section 9.93.040 or in any park is prohibited. 9.93.030 Exceptions. The provisions of Section 9.93.020 do not apply to: A. Any peace officer of the State of Montana; B. Any officer of the United States government authorized to carry a concealed weapon; C. Any member of the armed services or reserve forces of the United States or National . Guard, while in the performance of their official duties; D. A person summoned to the aid of any of the persons named in Subsections A through C; E. A probation and parole officer authorized to carry a firearm under Section 46-23-1002, Montana Code Annotated; F. An agent of the Montana Department of Justice or a criminal investigator in a County Attorney's Office; - 2 - --------- - - - --. - .~ G. Sponsored events, gun shows or displays authorized by the City; H. A person who is participating in a public event or program, including but not limited to, a gun show or gun safety program which is authorized by the City to occur on City property; or I. A person authorized by the Bozeman Chief of Police to carry or possess an unconcealed weapon on City property. . 9.93.040 Areas subiect to prohibition. The City-owned property to which the prohibition in Section 9.93.020 applies includes: A. City Hall Complex, 411 East Main Street and 34 North Rouse Avenue, Bozeman, Montana. B. Carnegie Building, 35 North Bozeman Avenue, Bozeman, Montana. C. Bozeman Public Library, 220 East Lamme Street, Bozeman, Montana. D. City Shop Complex, 814 North Bozeman Avenue, Bozeman, Montana, including all lawns, parking areas and sidewalks leading to the site, as well as all areas inside the perimeter fence. E. Swim Center, 1211 West Main Street, Bozeman, Montana. F. Cemetery Building, 340 Golf Way, Bozeman, Montana, including all lawns, parking areas and sidewalks leading to the building, and cemetery grounds. G. Landfill Building, 2143 Story Mill Road, Bozeman, Montana. . H. Lower yards, 1900 North Rouse Avenue, Bozeman, Montana, including all areas inside the perimeter fence. I. Water Treatment Plant, 7220 Sourdough Canyon Road, Bozeman, Montana. J. Wastewater Treatment Plant, 2245 Springhill Road, Bozeman, Montana, including, but not limited to, all areas inside the perimeter fence. K. Parks. 9.93.050 Signinq. Suitable signs shall be posted at each entrance to the facilities listed in Section 9.93.040.A. through J., stating the possession of weapons on the premises is prohibited except for law enforcement personnel. 9.93.060 Penaltv. . Violation of this chapter is a misdemeanor and is punishable by a fine not to exceed five hundred dollars ($500.00) and/or imprisonment of up to six (6) months in the County jail." Section 2 Repealer. All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby repealed. - 3 - .._.._._ _.. ___. _n -- -- --....----. ~_. .._-~-'--_. Section 3 Severability. If any provisions 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 without the invalid provision or application and, to this end, the provisions of this . ordinance are declared to be severable. Section 4 Effective Date. This ordinance shall be in full force and effect thirty (30) days after passage on second reading. PASSED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session thereof held on the 15th day of April 1996. (U[A~ DON E. STUECK, Mayor ATTEST: . ~ ;/~~ ROBIN L. SULLIVAN Clerk of the Commission PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana, on second reading at a regular session thereof held on the 6th day of May 1996. L0~ r:- ,?)yt;:J--~> DON E. STUECK, Mayor ATTEST: {JJ: of ~ ROBIN L. SULLIVAN Clerk of the Commission . APPROVED AS TO FORM: C' :l{(~- ..-~-- - 4 -