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HomeMy WebLinkAboutOrd 12-08 Knives Concealed Weapons ORDINANCE NO. 12 - 08 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN *********** * ADDING CHAPTER 5.90 TO THE DUBLIN MUNICIPAL CODE RELATING TO KNIVES AND CONCEALED WEAPONS IN CITY COUNCIL CHAMBERS WHEREAS, Government Code Section 36937 provides that a city council may adopt an urgency ordinance for the immediate preservation of the public peace, health or safety upon a declaration of the facts constituting the urgency, and a four-fifths vote of that city council; and WHEREAS, recent incidents that have occurred in the Dublin City Council Chambers and elsewhere indicate that it is necessary to prohibit knives and concealed weapons in the City Council Chambers in order to avoid unreasonable risks of harm to members of the public and the City Council; and WHEREAS, the Penal Code of the State of California prohibits the possession of many weapons in local public buildings, but does not prohibit the possession of knives with blades less than four inches long or firearms in the possession of persons who have a concealed firearm permit; and WHEREAS, it is the intention of the City Council of the City of Dublin to prohibit all knives and concealed weapons in the City Council Chambers. . NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows: Section 1. Chapter 5.90 shall be added to the Dublin Municipal Code to read as follows: Chapter 5.90 DANGEROUS WEAPONS IN CITY COUNCIL CHAMBERS Sections: 5.90.010 5.90.020 5.90.030 Definitions. Dangerous Weapons Prohibited in the City Council Chambers. Exceptions. 5.90.010 Definitions. For the purposes of this chapter, the following words shall have the following meanings set out in this section: "Concealed Firearm" means any device, capable of being concealed, that is designed to be used as a weapon, from which a bullet, shot or other missile of any kind is expelled through a barrel, by the force of any explosion or other form of combustion. "Knife" means any cutting or stabbing weapon, tool, or device except small personal grooming tools, but shall not mean any weapon, tool or device, the possession of which is prohibited in City Council Chambers by California Penal Code Section 171b as it is now and as it may be amended from time to time. Ord No. 12-08, Adopted 3/04/08, Item 6.3 Page 1 of 3 "City Council Chambers" includes the room(s) where the City Council normally meets as well as any room in which the City Council may actually be meeting. 5.90.020 Dangerous Weapons Prohibited in the City Council Chambers. A. No person shall possess a concealed knife inside the City Council Chambers or bring a concealed knife into the City Council Chambers during any meeting of the City Council. B. No person shall possess an unconcealed knife inside the City Council Chambers or bring an unconcealed knife into the City Council Chambers during any meeting of the City Council. C. No person who possesses a concealed firearm permit issued pursuant to the relevant provisions of the California Penal Code shall possess a concealed firearm inside the City Council Chambers during any meeting of the City Councilor bring a concealed firearm into the City Council Chambers during any meeting of the City Council. 5.90.030 Exceptions. A. Section 5.90.020 shall not apply to persons carrying or possessing a knife in conjunction with lawful work performed within and about the Civic Center. B. Section 5.90.020 shall not apply to knives prohibited from public buildings pursuant to Penal Code Section 171b. C. Section 5.90.020 shall not apply to duly appointed peace officers. D. Section 5.90.020 shall not apply to a person that has received a written waiver of Section 5.90.020 signed by the City Police Chief or his or her designee. Section 2. Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Ordinance or their applicability to other persons or circumstances. Section 3. Urgency Findings and Declaration. The City Council finds and declares that this Ordinance must be adopted as an urgency matter because it is necessary for the immediate preservation of the public peace, health and safety. The following facts and circumstances support such necessity. Regular City Council meetings occur twice per month in the council chambers. All such meetings are open to the public. Such meetings can lead to disagreements and disputes among members of the public, city staff, and city officials. Such disagreements and disputes always have the potential to escalate into violence. Additionally, city staff and officials, such as City Manager, City Attorney, and the members of the City Council, can be the subject of animosity due to their involvement in the enforcement of laws, as was the case in a February 7, 2008 incident in the council chambers in Kirkwood, Missouri that led to 6 fatalities. The incident in Kirkwood highlights that the potential for such violence, while perhaps remote, exists at any meeting, as does a February 5, 2008 incident in the council chambers, in which an individual came to the City Council meeting with a knife that was not prohibited from the council chambers by state law. The individual stated at the meeting that he was tempted to stab certain members of the Council. The City Council is aware that certain weapons are already prohibited from public buildings pursuant to California Penal Code Section 171 b, but it finds that the potential for serious injury to members of the City Council and the public from weapons that are not so prohibited presents an unreasonable threat to the health and safety of the public that should be immediately minimized to the extent permitted by law. Therefore, it is necessary that this Ordinance should go into effect immediately so as to ensure its effectiveness during tonight's meeting and all subsequent meetings in the council chambers. Ord No. 12-08, Adopted 3/04/08, Item 6.3 Page 2 of3 Based on these findings, the City Council finds that this Ordinance should be adopted as an urgency ordinance for the immediate preservation of the public peace, health and safety. Section 4. Effective Immediately. This Ordinance shall become effective immediately upon adoption by at least a four-fifths vote of the City Council. Section 5. Posting of Ordinance. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 39633 of the Government Code of California. PASSED, APPROVED AND ADOPTED this 4th day of March, 2008, by the following vote: AYES: Councilmembers Hildenbrand, Oravetz, Sbranti and Scholz, and Mayor Lockhart NOES: None ABSENT: None ABSTAIN: None Ca~/g>l ~-er/d';W / / Mayor G/ ATTEST: 600 { f! ftyJ- Deputy City Clerk Ord No. 12-08, Adopted 3/04/08, Item 6.3 Page 3 of3