HomeMy WebLinkAboutItem 4.12 MuniCode Dangerous Weapon
CITY CLERK
File # D~~[Q]-~[Q]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: March 18, 2008
SUBJECT:
Adoption of Ordinance Adding Chapter 5.90 to the Dublin
Municipal Code (Dangerous Weapons in City Council Chambers)
Report Prepared by John D. Bakker, City Attorney and Stephen
Muzio, Associate Attorney
ATTACHMENTS:
1.
Ordinance adding Chapter 5.90 relating to Dangerous
Weapons in City Council Chambers to Dublin Municipal
Code.
RECOMMENDATION: ~ 1.
\
Waive the reading and ADOPT the Ordinance adding
Chapter 5.90 to the Dublin Municipal Code (Attachment 1).
FINANCIAL STATEMENT: None.
DESCRIPTION:
The safety and security of all those participating in City Council meetings is of the utmost importance.
On February 5,2008, an individual came to City Hall to inquire about agenda items. In conversation with
City Staff, he mentioned he would come to the meeting that night to comment on the proposed
amendments to the City's Dangerous Weapons Ordinance. He then pulled a knife out of a sheath on his
belt, opened the blade, held it upright, and commented that the knife had a 3-112 inch blade. He also
commented that he used to be able to take a knife like this on airplanes. At the meeting that night, the
same individual addressed the City Council on proposed amendments to the City's Dangerous Weapons
Ordinance. At the podium, while ostensibly addressing the agenda item, he indicated that the Police Chief
had told him not to show his knife at the meeting. The individual said he wasn't going to show the knife,
but if anyone wanted to see the knife he would step outside. He then said "I promise I wouldn't ( or won't)
stab you with it," then after hesitating he said, looking forward towards the dais where the
Councilmembers and Mayor sit and added, "Tempting as it might be in some cases."
COPY TO:
Page 1 of3
ITEM NO. I/-: /2.
(1
A few days later, on February 8, 2008, a gunman opened fire at a city council meeting in Kirkwood,
Missouri, killing two police officers, two Councilmembers and the Public Works Director. The Kirkwood
Mayor was critically injured in the incident. This was not the first violent attack at a city council meeting.
Here in California, a former City of Riverside employee opened fire in a city council meeting in 1998.
That attack wounded the mayor, two council members and two police officers.
As the result of the events described above, staff was requested to prepare an ordinance banning knives
and other weapons from City Council Chambers to supplement existing State law. Although staff believed
that sufficient grounds existed for an urgency ordinance, staff prepared both an urgency ordinance and a
non-urgency ordinance out of an abundance of caution. The intent of this dual ordinance procedure was to
ensure that only those charged with violating the ordinance during the time between the effective date of
the urgency ordinance and the non-urgency ordinance could challenge the urgency findings. The non-
urgency ordinance, if adopted, would supersede the urgency ordinance when it goes into effect.
The urgency ordinance was adopted at the March 4, 2008 meeting of the City Council, and became
effective immediately. At the same meeting, the City Council held a public hearing regarding the non-
urgency ordinance. Following the public hearing the City Council waived the reading and introduced the
ordinance.
ANALYSIS:
California Penal Code Section 171b was amended in 1988 to make it illegal to bring certain weapons into
any local public building or into a meeting subject to the Brown Act. The weapons prohibited include
firearms, certain 'switchblade' knives described in Penal Code Sections 653k, knives with blades
exceeding four inches and a number of other knives and weapons described in Penal Code Section 12020.
Such weapons include but are not limited to guns, weighted clubs, nunchaku, throwing stars, brass
knuckles, saps and blackjacks. However, many knives with blades four inches long or less are not
prohibited by Penal Code Section 171 b. The City seeks to prohibit from the City Council Chambers and
all meetings of the City Council and other City Commissions, those knives and similar weapons that are
not prohibited by Penal Code Section 171 b, to the extent that such legislation is allowed under State law.
Penal Code Section 171 b(b )(3) exempts holders of concealed firearm permits from the restriction against
bringing guns into local public buildings or meetings. The City - as the owner of the building - seeks to
prohibit such permit holders from bringing their weapons into City Council Chambers. Because persons
who do not possess such permits are currently prohibited by state law from bringing firearms into City
Council Chambers, the ordinance has been narrowly drafted to address only concealed weapon permit
holders.
State Law Preemption
Local legislation that conflicts with state law is preempted by such law and is void. (Sherwin-Williams Co.
v. City of Los Angeles, 4 Cal. 4th 893,898 (1993).) A conflict exists if the local legislation duplicates,
contradicts, or enters an area fully occupied by State law, either expressly or by legislative implication.
(Id.) Local legislation enters an area that is 'fully occupied' by State law when: 1) the subject matter has
been so fully and completely covered by State law as to indicate that it has become exclusively a matter of
state concern; 2) the subject matter has been partially covered by State law couched in such terms as to
indicate clearly that a paramount state concern will not tolerate further or additional local action; or 3) the
subject matter has been partially covered by State law, and the subject is of such a nature that the adverse
Page 2 of3
effect of a local ordinance on the transient citizens of the state outweighs the possible benefit to the
municipality. (Id.)
Impact of State Law on Proposed Ordinance
The proposed Ordinance does not contradict Penal Code Section 171 b as they both prohibit certain
weapons. The proposed Ordinance does not duplicate Penal Code Section 171 b because proposed Section
5.90.020 addresses only weapons that are not prohibited in public buildings pursuant to Penal Code
Section 171 b. Case law indicates that courts in the first appellate district, where Dublin is located, would
be unlikely to find that Penal Code Section 171 b fully occupied the field of regulation of weapons in
public buildings and thus prevented local legislation on the issue. These cases likewise suggest that a
court in the first appellate district could find that the Penal Code does not require that cities permit
everything permitted by Penal Code Section 171 b, especially with regards to the management of city
property. The proposed Ordinance contains a severability clause and has been broken into subsections, so
that in the event that a portion of the Ordinance is determined to be preempted by State law, the remainder
of the Ordinance will be enforceable.
Difference Between U re:encv Ordinance and Ree:ular Ordinance
As noted above, the City Council enacted an urgency ordinance, which took immediate effect, at its March
4 meeting. In order to ensure that the urgency ordinance was valid, it was narrowly drafted to address the
situation giving rise to the need for its enactment: the possession of knives and concealed weapons at all
meetings of the City Council. The regular ordinance applies more broadly to all meetings of the City
Council as well as the meetings of all City Commissions.
RECOMMENDATION
Staff recommends that the City Council: 1) waive the reading and ADOPT the Ordinance Adding Chapter
5.90 of the Dublin Municipal Code relating to Dangerous Weapons in City Council Chambers
(Attachment 1).
Page 3 of3
I tJ;( C).
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
**********
ADDING CHAPTER 5.90 TO THE DUBLIN MUNICIPAL CODE
RELATING TO KNIVES AND CONCEALED FIREARMS IN CITY COUNCIL CHAMBERS
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 171 b as it is now and as it may be amended from time to
time.
"City Council Chambers" includes the room(s) where the City Council normally meets as well as any
room in which the City Councilor any City Commission 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 Councilor any City Commission.
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 Councilor any City
Commission.
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 any City Commission or bring a concealed firearm into the City Council
Chambers during any meeting of the City Council or any City Commission.
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.
r~ -#=-4.}2.- 3/lefoe ~
ATTACHMENT 1 (I
cJ 01 02
B. Section 5.90.020 shall not apply to knives prohibited from public buildings pursuant to Penal Code
Section 171 b.
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. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days
following its adoption.
Section 4. Posting. 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 36933 of the
Government Code of the State of California.
PASSED, APPROVED AND ADOPTED this _ day of
,2008.
AYES:
NOES:
ABSENT:
ABSTAIN:
Janet Lockhart, Mayor
ATTEST:
Carolyn Parkinson, Interim City Clerk