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2377ORDINANCE NO. 2377 COUNCIL MEMBER ANDERSEN INTRODUCED THE FOLLOWING ORDINANCE: AN ORDINANCE AMENDING CHAPTER 6, ARTICLE 3 OF THE MUNICIPAL CODE OF THE CITY OF BLAIR, NEBRASKA, BY REPEALING SECTIONS 6-315 AND 6-316 REGARDING POSSESSION AND TRANSPORTATION OF FIREARMS AND HAND GUNS IN THEIR ENTIRETY AND REPLACING THOSE SECTIONS WITH NEW RESTRICTIONS ON OPEN CARRY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT AND PROVIDING FOR PUBLICATION OF THIS ORDINANCE IN PAMHLET FORM. WHEREAS, Nebraska Revised Statutes §§16-246, 16-247, AND 16-404 authorizes the City Council or its agent to amend a city ordinance; and WHEREAS, the City Council has determined that the Blair Municipal Code Section 6-315, as Amended by Ordinance 2100 on January 23, 2007 and the Blair Municipal Code Section 6-316, as Amended by Ordinance 2100 on January 23, 2007, shall hereby be repealed in their entirety. WHEREAS, the City Council has determined that there exists a need to restrict persons from openly carrying a weapon on public property within the City of Blair and hereby finds that the Blair Municipal Code Section 6-315 and Blair Municipal Code Section 6-316 shall be amended. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR OF THE CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA AS FOLLOWS: SECTION 1. The City of Blair Municipal Code, Chapter 6 Police Regulations, Article 3, Section 6-315 and Section 6-316 shall be repealed in their entirety and replaced with the following: See. 6-315 MISDEMEANORS; FIREARMS, POSSESSION, TRANSPORTATION, WHEN ALLOWED. It is hereby unlawful for any person, except an authorized law enforcement officer, or a private security guard who is registered with the Chief of Police, purposely or knowingly, to openly carry or openly transport in any conveyance or in any other manner whatsoever, or to possess any rifle, shot gun, air gun, air rifle, pellet gun, or `B -B" gun at any building owned by the City of Blair, land owned by the City of Blair, or in any City Park, including the municipal pool and Youth Sports Complex. This section is not violated if, prior to exiting the vehicle, the firearm is locked inside a trunk, a locked compartment of vehicle, or a storage box which is locked and attached to a vehicle. This exception does not apply to any parking area used by such location in which the carrying of a firearm is prohibited by federal law. Furthermore, this section is not violated if the person meets the exceptions contained in Section 6-317 of the Blair City Code. This section shall not apply to a peimitholder authorized to carry a concealed weapon, so long as Nebraska statutes allows for the carrying of a concealed weapon at the location as defined by Neb. Rev. Stat. §69-2441 and that the permitholder complies with the provisions of Neb. Rev. Stat. §69- 2441. It shall be an affirmative defense to this section that at the time he or she was carrying the firearm, there existed circumstances at that time in which such person was placed at the time were such as to justify a prudent person in carrying the firearm for the defense of his or her person, property, or family. (Amended by Ordinance 2377 03/12/2019) Sec. 6-316 MISDEMEANORS; HAND GUNS, POSSESSION, TRANSPORTATION, WHEN ALLOWED. It is hereby unlawful for any person, except an authorized law enforcement officer, or a private security guard who is registered with the Chief of Police, purposely or knowingly, to openly carry or openly transport in any conveyance or in any other manner whatsoever, or to possess any handgun at any building owned by the City of Blair, on any land owned by the City of Blair, or in any City Park, including the municipal pool and Youth Sports Complex. This section is not violated if, prior to exiting the vehicle, the handgun is locked inside a glove box, locked inside the trunk, a locked compartment of vehicle, a storage box which is locked and attached to a vehicle, or if the vehicle is a motorcycle, other than an autocycle, the handgun is locked inside of the hardened compartment securely attached to the motorcycle. This exception does not apply to any parking area used by such location in which the carrying of a handgun is prohibited by federal law. Furthermore, this section is not violated if the person meets the exceptions contained in Section 6-317 of the Blair City Code. This section shall not apply to a permitholder authorized to carry a concealed weapon, so long as Nebraska statutes allows for the carrying of a concealed weapon at the location as defined by Neb. Rev. Stat. §69-2441 and that the permitholder complies with the provisions of Neb. Rev. Stat. §69-2441. It shall be an affirmative defense to this section that at the time he or she was carrying the handgun, there existed circumstances at that time in which such person was placed at the time were such as to justify a prudent person in carrying the handgun for the defense of his or her person, property, or family. (Amended by Ordinance 2377 03/12/2019) SECTION 2. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. This ordinance shall be in full force and effect from and after its passage, approval, and publication as provided by law. PASSED AND APPROVED ON THE 26TH DAY OF MARCH, 2019. CITY OF BLAIR, NEBRASKA BY: --� —>-)IL RICHARD HANSEN, MAYOR 4 ATTEST: BRENDA WHEELER, CITY CLERK (SEAL) STATE OF NEBRASKA ) ) ss: WASHINGTON COUNTY ) BRENDA WHEELER, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 26th day of March, 2019. BRENDA WHEELER, CITY CLERK 3