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Home My WebLink About07020Substituted copy 7/28/03 ORDINANCE NO. 7020 AN ORDINANCE AMENDING SECTION 601 OF CHAPTER 1 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE, CARRYING WEAPONS, AND AMENDING SECTION 27 OF CHAPTER 3 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE, WEAPONS PROHIBITED IN PREMISES, LIMITING THE APPLICATION OF SAID SECTIONS BASED UPON STATE STATUTORY ENACTMENTS BUT EXPANDING APPLICATION OF THE CARRYING WEAPONS PROHIBITION TO POSTED PUBLIC AND PRIVATE AREAS AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate matter deleted; underscoring indicates matter added.) SECTION 1. Section 601 of Chapter 1 of Title XI of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 11 -1 -601. Carrying Weapons [(a) Definitions. As used in this Section, dangerous or deadly weapon means: (1) Any dagger, dirk, knife or stiletto with a blade over three and one -half (3 1/2) inches in length, or any other dangerous instrument capable of inflicting cutting or stabbing or tearing wounds. (2) Any firearm including but not limited to any gun, pistol, revolver, rifle or shotgun.] kW Definitions. As used in this Section: W Weapon means any instrument or devise commonly and generally known to be capable of inflicting serious bodily injury excluding_ firearms and handguns as defined herein but specifically including and not limited to: (i) any dagger, dirk knife or stiletto with a blade over three and one -half (3 112) inches in length: or any other dangerous instrument capable of inflicting cutting or stabbing or tearing wounds: (ii) any bludgeon. black'ack, billy club, sand club, sandbag or other hand operated striking weapon consisting. at the striking end. of any encased piece of lead or other heavy substance and. at the handle end, a strap or springy shaft which increases the force of impact: (iii) any cross knuckles. or knuckles of lead, brass or other metal: and (iv) any stun gun or device gable of temporarily immobilizing a person by the infliction of an electrical charge (2) Firearm means any instrument or device capable of discharging bullets cartridges or other proaectiles by explosive charge excluding handguns as defined herein but specifically including and not limited to rifles shotguns or other guns whose barrel. not including anv re volving detachable, or maaazine breech. exceeds twelve (12) inches in length. Q Handgun shall have the same meaning as set forth in Section 18 -12- 2020. C.R.S. (4) Private property means any building or specific area not owned, possessed managed or controlled by the City, (b) It shall be unlawful and a Class 1 municipal offense for any person, within the City, to carry a [dangerous or deadly] firearm, handgun or weapon concealed on or about his or her person. [(c) It shall be unlawful and a Class 1 municipal offense for any person, within the City, to carry a dangerous or deadly weapon into or upon any premises licensed for the sale of fermented malt beverages or malt, vinous or spirituous liquors.] Jc It shall be unlawful and a Class 1 municipal offense for any person too openly carry any firearm handgun or weapon in a building or specific area owned possessed managed or controlled by the City at which the City has posted signs at the public entrances to the building or specific area prohibiting the open carrying of firearms handguns or weapons. W) It shall be unlawful and a Class 1 municipal offense for any person to carryy any firearm handgun or weapon upon the private IL ee ty of another where signs have been posted at the entrance to the private property prohibiting the carrying of firearms .. . .. [(d %W [ It shall be an affirmative defense to a charge of violating] It shall not be a violation of any provision of this Section if [that], at the time of the act of carrying the firearm, handgun or weapon, the defendant was: (1) A person in his or her own dwelling or place of business or on property owned by him or her or under his or her control; or (2) A person in a private automobile or other private means of conveyance who carried the firearm, handgun or weapon for hunting or lawful protection of his, her or another's person or property while traveling; or [(3) A person who, prior to the time of carrying a concealed weapon, has been issued a written permit to carry the weapon by the Chief of Police of the City or the chief of police of any other city, or by the mayor of a town or the sheriff of a county; or ] [(4)](3) A sheriff, undersheriff, deputy sheriff, police officer, coroner, marshal, any officer, guard or supervisory employee of any institution within the Colorado Department of Corrections, a district attorney, assistant district attorney or deputy district attorney, an authorized investigator of a district attorney or the attorney general, a probation or parole officer, an officer or member of the Colorado National Guard while acting under call of the Governor in cases of emergency or civil disorder, an agent of the Colorado Bureau of Investigation, a wildlife conservation officer, a parks and re creation officer, or a security guard employed by this State. (f It shall not be a violation of subsection (b) of this Section which prohibits the carrying of a concealed handgun if the defendant at the time of the act of carrying the concealed handgun held a valid written permit to carry a concealed handgun pursuant to Section 18 -12 -105. C.R.S. [(e) Permits to carry concealed weapons may be issued by the Chief of Police of the City. Any such permit shall be valid for a period of not more than one (1) year and shall not be issued until the Chief of Police has first determined by thorough investigation that the applicant for said permit has a reasonable need to carry such a weapon and is possessed of good judgment and high moral character. The Chief of Police may, for any reason, revoke or cancel any such permit by mailing notice of the revocation or cancellation of his or her permit by certified mail to the permittee's last known address. A permit to carry a concealed weapon shall be invalid effective forty -eight (48) hours after the effective date of mailing the aforestated notice.] SECTION 2. Section 27 of Chapter 3 of Title XI of the Pueblo Municipal Code is hereby amended to read as follows: 0 (a) It shall be unlawful and a municipal offense for any person to carry on or about his or her person a weapon in or upon any premises licensed for the sale of fermented malt beverages or malt, vinous or spirituous liquors. (b) It shall be unlawful and a municipal offense for any licensee to knowingly permit any person, other than a policeman or other certified peace officer, to carry a weapon on or about his or her person while in or upon a licensed premises. (c) It shall be an affirmative defense to a charge of violating this Section that the person carrying the weapon was: (1) A person in his or her own place of business or on property owned or under his or her control at the time of the act of carrying the weapon; or (2) A person who was a policeman or other certified peach officer at the time of the act of carrying the weapon. (d) As used in this Section, weapon [shall mean:] shall have the same meaning as that term is defined in Section 11- 1- 6010(1) of this Code but shall in addition specifically include: [(1) Any firearm, knife, dagger, dirk or stiletto with a blade over three and one -half (3 1/2) inches in length;] [(2](JI A battery- powered flashlight containing more than two (2) "D" -size batteries or which is more than eight (8) inches in length; nab [(3)]M Any club or baton longer than eight (8) inches in length, provided, however, that this Paragraph [(3)] Q is not intended to cover any pool or billiards stick[;]. [(4) Any "stun gun" or device capable of temporarily immobilizing a person 3 by the infliction of an electrical charge; or (5) Any other dangerous instrument capable of inflicting cutting, stabbing or tearing wounds.] If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. SECTION 4. This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED: July 14, 2003 By: Al Gurule COUNC E O APPROVED: PRESIDENT OF THE CITY COUNCIL ATTESTED BY: CITY CLERK PASSED AND APPROVED: July 28, 2003 0