"Knife" or "dagger"
includes any knife, dirk, or dagger having a blade three
inches or more in length, any ice pick or any other similar sharp
pointed tool, including a sharpened wooden stick or sharpened metallic
rod, any straight edge razor or any razor blade fitted to a handle.
"Plain view"
means carried or possessed in such a manner that the item
may be plainly seen and recognized, whether in a protective sleeve,
sheath, or covering, or not.
"Public area"
includes any public street, public place, or other area or
facility open to the public.
"Sword"
includes a thrusting, striking, or cutting weapon with a
blade longer than a knife or dagger, having one or two cutting edges
and a hilt, including, but not limited to, a longsword, broadsword,
rapier, saber, cutlass, machete, or katana. "Sword" shall not include
a fencing foil without a sharpened blade or tip, when used for the
sport of fencing or fencing demonstrations.
(Added by Ord. No. 2757CCS, 9/26/2023)
(a)
No person shall wear or carry in plain view any knife, dagger,
or sword in or upon any public area.
(b)
This Chapter shall not apply to the following:
(1)
Sworn law enforcement or public safety personnel on duty;
(2)
Sworn law enforcement or public safety personnel off duty, upon
showing law enforcement identification upon demand;
(3)
Armed security under contract with the City and pursuant to
the terms of the contract, or as may be permitted by the Police Chief;
(4)
Retired law enforcement officers authorized to carry weapons
pursuant to 18 U.S.C. Section 926C, with proper identification;
(5)
When a person is wearing or carrying a knife, dagger, or sword
as follows:
(A)
For use in a lawful occupation,
(B)
Knives carried or used lawfully in restaurants or other dining
facilities,
(C)
For lawful recreational purposes
(D)
As a recognized religious practice, for example, a kirpan,
(E)
While the person is directly traveling to or returning from
participation in such activities as identified in this subsection
(b)(5).
(c)
The Council, by resolution, and/or the City Manager, may provide
for and publish further security regulations and/or exceptions to
implement this Chapter, including, but not limited to, posting of
signage to provide notice of these regulations.
(Added by Ord. No. 2757CCS, 9/26/2023)
(a)
The Police Chief is authorized to seize and impound any knife,
dagger, or sword that is kept, possessed, or used in violation of
this Chapter, and to hold the same for a period of up to thirty days
or until claimed by its owner. Such articles may not be returned to
any person under the age of eighteen years but may be returned that
person's legal guardian or parent.
(b)
This Chapter shall not be deemed to make punishable an act or
acts which are expressly allowed or preempted by any law of the State
or the United States Constitution.
(c)
Enforcement and Penalties. Any person who violates any provision of this Chapter shall be guilty of an infraction, which shall be punishable by a fine not exceeding two hundred fifty dollars, or a misdemeanor, which shall be punishable by a fine not exceeding five hundred dollars, or by imprisonment in the County Jail for a period not exceeding six months or by both such fine and imprisonment. Any person who violates any provision of this Chapter shall be subject to administrative fines and administrative penalties pursuant to Chapters
1.09 and
1.10 of this Code. The remedies provided in this Section are not exclusive, and nothing in this section shall preclude the use or application of any other remedies, penalties or procedures established by law.
(Added by Ord. No. 2757CCS, 9/26/2023)