D-Ch. 38 Ord.

4735

APPROVED

ORDINANCE AMENDING CHAPTER 38, SECTION 38-10 RELATING TO POSSESSION AND DISCHARGE OF FIREARMS BE IT ORDAINED by the Winston-Salem City Council as follows: WHEREAS, the City of Winston-Salem is required to amend its ordinance regarding the possession and discharge of firearms due to the passage of HB 650 regarding guns; and WHEREAS, HB 650 allows the carry of concealed handguns by those with a lawful concealed carry permit in City parks except at recreational facilities (playgrounds, swimming pools, athletic fields and athletic facilities) in parks identified by the City through an ordinance and posting; and WHEREAS, the Citys parks are multi-purpose and serve as an opportunity for play and participation in sporting and athletic events for the Citys youth; and WHEREAS, the Citys greenways have been and continue to be installed/constructed utilizing various funding sources including but not limited to funding from the North Carolina Department of Transportation; and WHEREAS, the Citys greenways like its tennis and basketball courts provide an opportunity for organized athletic events which, in the case of greenways, include charitable walks, foot races, biathlons, triathlons, and cross-country training/meets for citizens including children under the age of 18 as well as non-athletic events such as environmental/educational tours and outings of an exploratory nature; and WHEREAS, HB 650 does not define such terms as playground, athletic field, or athletic facility; and WHEREAS, the term athletic facility does not appear to be limited to a building; and WHEREAS, the City finds it necessary to define such terms and believes the definitions below are reasonable.
Revised: 11/02/11

November 21, 2011

APPROVED
NOW THEREFORE BE IT ORDAINED that Section 38-10 regarding possession and discharge of firearms is hereby amended to read as follows: Section 1. Section 38-10. Possession and discharge of firearms. is hereby amended to read as follows: Sec. 38-10. - Possession and discharge of firearms. (a) It shall be unlawful for any person to fire a gun, rifle, pistol or other firearm within the city, except in case of self-defense or necessity. Definitions. For purposes of this section and any other city code section that addresses the possession of firearms, the following terms are hereby defined: (1) Recreational facilities include only the following: a playground, an athletic field, a swimming pool, and athletic facility owned or operated by the city. Athletic field means a piece of land traditionally used for organized athletic or sporting event(s), including the adjoining spectator area. Athletic facility means a building, structure or place including a walking trail, greenway and body of water such as a lake for engaging in sporting events, recreational activities, fitness or physical training. Playground means a piece of land used for and usually equipped with facilities for recreation especially by children including the adjoining area and shelter used by children for respite, eating and playing sedentary games.

(2)

(3)

(4)

(b)

It shall be unlawful for any person to possess or carry, or to fire or discharge, any gun, rifle, pistol or other firearm on or in any building, park, recreation area or other property owned or operated by the city, whether within or outside the corporate limits, or on or in any public school building or grounds within the city. The city manager or his designee is authorized and directed to post, in conspicuous locations, notices of prohibition against carrying a concealed handgun in city buildings, their appurtenant premises and parks. Fire or discharge of firearms. It shall be unlawful for any person to fire or discharge a gun, rifle, pistol or other firearm within the city limits including on or in any building, its appurtenant premises including but not limited to a parking lot or park, or other city owned or operated property, regardless of whether such city owned or operated property is within or outside the corporate limits or on or in any public school building or grounds within the city, except in case of self-defense or necessity. Except as otherwise provided herein, the city manager or his designee is authorized and directed to post, in conspicuous locations, on city owned or operated property notices regarding this prohibition. Possession or carry of firearms or non-concealed (open carry) handguns. It shall be

(b)

(c)

Revised: 11/02/11

APPROVED
unlawful for any person to possess or carry any non-concealed (open carry) handgun, gun, rifle, pistol or other firearm on or in any building, its appurtenant premises including but not limited to a parking lot or park, or other city owned or operated property, regardless of whether such city owned or operated property is within or outside the corporate limits or on or in any public school building or grounds within the city. Except as otherwise provided herein, the city manager or his designee is authorized and directed to post, in conspicuous locations, on city owned or operated property notices regarding this prohibition. (d) Possession or carry of concealed handguns. It shall be unlawful for any person to possess or carry a concealed handgun with or without a permit on, in or within any of the recreational facilities as defined above in any of the city parks listed below or in any building, its appurtenant premises or other city owned or operated property, whether within or outside the corporate limits. Except as otherwise provided herein, the city manager or his designee is authorized and directed to post, in conspicuous locations, notices of this prohibition against carrying a concealed handgun. Nevertheless, the concealed handgun permittee may at a recreational facility secure the handgun in a locked vehicle within the trunk, glove box, or other enclosed compartment or area within or on the motor vehicle. Concealed handguns are prohibited in or on recreational facilities in the following parks: Ardmore, Belview, Blum/Blanding, Bethabara, Bolton, Bowen/Thomas, Brushy Fork, Central, Civitan, Clark-Mickens, Crawford, Downtown, Easton, Fairview, Forest, Fourteenth Street, Gateway Commons, Granville, Greenway, Griffith, Hanes, Hanestown, Hanes Hosiery, Happy Hill, Harambee, Hathaway, Hine Soccer Complex, Hobby, Jerry King, Kingston Greens, Kimberley, Leinbach, Little Creek, Lockland, Miller, Helen W. Nichols, Oak Summit, Old Town, Parkland, Piney Grove, Polo Park, Reynolds Park, Rupert Bell, Salem Lake, Sara Lee Soccer, Sedge Garden, Shaffner, Skyland, South Park, South Fork, Sprague, Washington, Weston, Winston Lake, and Whitaker. Such facilities also include all of the citys greenways identified as Bethabara, Bowen Branch, Gateway Commons, Muddy Creek, Newell/Massey, Peachtree, Salem Lake Trail, Salem Creek, Silas Creek and the Strollway. The Recreation and Parks Director shall identify and post all recreational facilities within city parks and greenways where weapons including concealed handguns are prohibited. The recreation centers are considered buildings; therefore, weapons including concealed handguns are prohibited.

(c)(e) This section shall not apply to a police or other law enforcement officer lawfully discharging his duty, or to a watchman or other person specifically authorized to carry firearms on such premises while acting lawfully and within the scope of his authority, nor shall it prohibit the lawful possession or carrying of firearms on the public streets. (d) (f) None of the provisions of this section shall be construed so as to prohibit law enforcement officers from discharging firearms within the corporate limits of the city on any firing range maintained for the training of law enforcement officers when such firing is conducted for training purposes under the supervision and direction of an officer in charge of the training program.
Revised: 11/02/11

APPROVED
(e)(g) The provisions of this section shall not be construed so as to prohibit branches of the military service of the state and federal governments, including ROTC and reserve units, from firing guns, rifles, pistols or other firearms for training purposes in indoor ranges on the respective premises of such branches or units. (f) (h) The provisions of this section shall not apply to any person discharging guns or muskets in city parks for ceremonial purposes, such persons having first obtained in writing the permission of the recreation director. In no event shall live ammunition be discharged. (g)(i) For the purpose of eliminating deer within the boundaries of Smith Reynolds Airport, state and/or federal wildlife officers may discharge a shotgun at least 800 feet from any point on the airport's boundary line. Handguns or rifles shall not be used for the purpose of removing wildlife hazards within the airport's boundaries. Section 2: This ordinance shall become effective December 1, 2011.

Revised: 11/02/11

APPROVED
Draft language for signs: 1. Park Entrances:
ATTENTION: All weapons are prohibited except concealed handguns carried pursuant to a lawful concealed carry permit unless otherwise posted within the park. See posted recreational facilities within the park and City Code Sections 38-10, 38-11 and 38-12.

2. Recreational Facilities: Signage for playgrounds, swimming pools, athletic fields and athletic facilities.
ATTENTION: All weapons including concealed handguns are prohibited. See City Ordinance Sections 38-10, 38-11 and 38-12.

Revised: 11/02/11