The post about the Danville swimming pool, got me interested in some city ordinances that I had put away for a while. I found these back in 2012, when KC3 was deciding what violations where serious enough for lawsuits. I had put aside some that were not very serious and we concentrated on the worst. I had forgotten about these and started through them this weekend. On Sunday, I found one from the City of Morehead. Actually it was a little more serious that I had remembered. This was the last one discussed and just barely missed the cut for a lawsuit. I remember saying that the mayor of Morehead had been very polite and cooperative in our discussions about the "No Guns" signs at the Morehead Convention Center and I suggested we cut them some slack. Then I failed to follow up. Here is Morehead city ordinance 22:2006:
§ 35.031 WEAPONS IN THE WORKPLACE.
(A) Employees are prohibited from carrying, possessing or storing a deadly weapon while on-duty, or upon city property, including vehicles and equipment owned or controlled by the city while on-duty or off-duty except as listed below:
(1) Sworn police officers of the city.
(2) Animal Control officers of the city or an
employee acting officially in the capacity of the Animal Control officer as approved by the Mayor.
(B) Deadly weapon shall mean:
(1) Any weapon from which a shot, readily capable of producing death or other serious physical injury, may be discharged.
(2) Any knife, except an ordinary pocketknife or other knife routinely used in the performance of city duties.
(3) Billy, nightstick or club.
(4) Blackjack or slapjack.
(5) Nunchaku karate sticks.
(6) Shuriken or death star.
(C) Artificial knuckles made from metal, plastic or other similar hard material.
(Ord. 22:2006, passed 8-17-06)
Sunday night, I sent the mayor of Morehead an email about it. This morning, I received a response that it had been sent to the city attorney for review. This afternoon, I was CC'ed on an email response from the city attorney back to the mayor saying that I was correct and the city needs to fix this. They claim to be in the midst of a complete rewrite of their personnel handbook and will fix it there, also. Later the mayor sent me another message saying that he would keep me advised on the progress on this. He said that they hope to have an amended ordinance for introduction at the September meeting of the City Council. This is pretty quick action for a government. Sometimes they can drag their feet for weeks, before doing anything. Everything was very polite and friendly, just the way it should be. I have sent the mayor a message and asked how they intend to fix it. They could repeal the whole thing or just remove the reference to firearms. In the past, I've experienced a little resistance from some cities about guns and employees. It seems that many of them never comtemplated that 65.870 applied to employees and it took a little time, and a little reading, for that to sink in. After rereading the statute a few times and not being able to find any exception for "personnel" policies, they usually start to come around.
§ 35.031 WEAPONS IN THE WORKPLACE.
(A) Employees are prohibited from carrying, possessing or storing a deadly weapon while on-duty, or upon city property, including vehicles and equipment owned or controlled by the city while on-duty or off-duty except as listed below:
(1) Sworn police officers of the city.
(2) Animal Control officers of the city or an
employee acting officially in the capacity of the Animal Control officer as approved by the Mayor.(B) Deadly weapon shall mean:
(1) Any weapon from which a shot, readily capable of producing death or other serious physical injury, may be discharged.
(2) Any knife, except an ordinary pocketknife or other knife routinely used in the performance of city duties.
(3) Billy, nightstick or club.
(4) Blackjack or slapjack.
(5) Nunchaku karate sticks.
(6) Shuriken or death star.
(C) Artificial knuckles made from metal, plastic or other similar hard material.
(Ord. 22:2006, passed 8-17-06)
Sunday night, I sent the mayor of Morehead an email about it. This morning, I received a response that it had been sent to the city attorney for review. This afternoon, I was CC'ed on an email response from the city attorney back to the mayor saying that I was correct and the city needs to fix this. They claim to be in the midst of a complete rewrite of their personnel handbook and will fix it there, also. Later the mayor sent me another message saying that he would keep me advised on the progress on this. He said that they hope to have an amended ordinance for introduction at the September meeting of the City Council. This is pretty quick action for a government. Sometimes they can drag their feet for weeks, before doing anything. Everything was very polite and friendly, just the way it should be. I have sent the mayor a message and asked how they intend to fix it. They could repeal the whole thing or just remove the reference to firearms. In the past, I've experienced a little resistance from some cities about guns and employees. It seems that many of them never comtemplated that 65.870 applied to employees and it took a little time, and a little reading, for that to sink in. After rereading the statute a few times and not being able to find any exception for "personnel" policies, they usually start to come around.
Morehead preemption violation
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