County Commissioner Ordinance- April 2002-1r�
ORDINANCE 2002-�
An Ordinance restricting possession of weapons in Gibson County owned, leased,
occupied, or controlled buildings or structures.
WHEREAS, the possession of weapons within or on the above described
buildings and structures is detrimental to the health, safety, and w�elfaze of the persons
within the above described azeas; and
.. �.. `��u;.,
WHEREAS, the Gibson County Board of Commissioners finds that the regulation
of weapons within or on the above described buildings and structures is within the
jurisdiction of the Gibson County Boazd of Commissioners pursuant to LC. 35-47-11-2:
THEREFORE, BE IT ORDAINED by the Gibson Counry Boazd of
Commissioners:
I. Definitions
As used in this oidinance, the term "weapon" indudes, but is not limited to any of
the following:
4.
5.
6.
7.
8.
9.
"Deadly weapon" as defined by Indiana Code § 35-41-1-8;
"Firearm" as defined by Indiana Code § 35-47-1-5;
"Electric stun weapon' as defined by Indiana Code § 35-47-8-1;
"Stun gun" as defined by Indiana Code § 35-47-8-2;
"Taser' as defined by Indiana Code § 35-47-8-3;
"Knife." except personal pocket knives unless it is carried for the purpose
of using it as a weapon;
'`Explosive" refers to any agent or substance tending or serving to
explode;
"Explosive" shall include but not limited to gunpowder and dynamite;
"Club";
Any other object that in the manner in which it is used, or could ordinarily
be used, or is intended to be used, is readily capable of causing serious
bodily injury (as defined by Indiana Code § 35-41-1-25) as determined by
any law enforcement officer;
II. Restrictions
Except as provided in Section III of this Ordinance, a person shall not possess on
or about his or her person a weapon w�thin or on the above described buildings
and structures.
III. Exceptions
�e6a
,.
�
�
�eba
T'he following persons are exempt from this order: law enforcement officers under
Indiana Code § 35-41-1-17, Indiana Department of Correction officers,
Community Correction officers, judicial officers, and probation officers who are
duly authorized to cazry deadly weapons. Employees of the County who carry
chemical spray devices for personal protection are also exempt.
The persons described as exempt from this Ordinance shall not be exempt if they
or any member of their family is a party to any proceeding taking place in court.
IV Penalty
Any person violating Section II of this Ordinance shall be subject to punishment
for indirect contempt of court pursuant to I.C. § 34-47-3 and a fine of up to Two
Thousand Five Hundred Dollars (�2,500.00) Any person violating Section II of
this Ordinance shall also be subject to having the firearm or weapon confiscated
by the proper law enforcement officials. �
V. Severabiliri�
Each section, subsection, sentence, dause and phrase of this Ordinance is
declazed to be an independent section, subsection, sentence, clause and phrase,
and the finding or holding of any part to be void, unconstitutional or ineffective
for any cause shall not affect any other part of this Ordinance.
VI. Repeal
All ordinances or parts of ordinances in conflict with the provisions of this
Ordinance aze hereby repealed.
VII. Effective Date
This Ordinance shall take effect upon passage and after publication as required by �
law.
Dated this �� day of , 2002.
GIBSON COUNTY COMMISSIONERS
me
•, .,.
nda K. Hoover, Presi nt
<
Richard J. Pau
r ��
N. Sherrell Marginet