ORDINANCE 8864

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS AMENDING CHAPTER 14, SECTION 14-406 AND SECTION 14-408 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2011 EDITION AND AMENDMENTS THERETO, PERTAINING TO THE POSESSION OF A KNIFE  AND SIMILAR WEAPONS IN THE CITY OF LAWRENCE.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

SECTION 1.   Chapter 14, Section 14-406 of the Code of the City of Lawrence, Kansas 2011 edition and amendments thereto, is hereby amended to read as follows:

14-406             CARRYING CONCEALED WEAPONS.

(A) It shall be unlawful for an individual to carry concealed on his or her person, or possess with intent to use the same unlawfully against another, a dagger, dirk, billy, blackjack, slungshot, dangerous knife, straight-edged razor, stiletto or any other dangerous or deadly weapon or instrument of like character except that an ordinary pocket knife with no blade more than four inches in length shall not be construed to be a dangerous knife, or a dangerous or deadly weapon or instrument.

(B) It shall be unlawful for an individual to carry any pistol, revolver or other firearm concealed on his or her person except when he or she is on the person's land or in the person's abode or fixed place of business.

(C) Exceptions:

(1) No part of this Section prohibiting the carrying of a concealed weapon shall apply to:

(a) Law enforcement officers, or any person summoned by any such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officer.

(b) Wardens, superintendents, directors, security personnel and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of crime, while acting within the scope of their authority.

(c) Members of the armed services or reserve forces of the United States or the Kansas National Guard while in the performance of their official duty.

(2) No part of this Section dealing with carrying a concealed revolver, pistol or firearm shall apply to:

(a) Watchmen, while actually engaged in the performance of the duties of their employment.

(b) Private detectives licensed by the state to carry the firearm involved, while actually engaged in the duties of their employment;

(c) Detectives or special agents regularly employed by railroad companies or other corporations to perform full-time security or investigative service, while actually engaged in the duties of their employment.

(d) The state fire marshal, the state fire marshal's deputies or any member of a fire department authorized to carry a firearm pursuant to K.S.A. 31-157 and amendments thereto, while engaged in an investigation in which such fire marshal, deputy or member is authorized to carry a firearm pursuant to K.S.A. 31-157 and amendments thereto.

(e) Special deputy sheriffs described in K.S.A. 19-827, and amendments thereto, who have satisfactorily completed the basic course of instruction required for permanent appointment as a part-time law enforcement officer under K.S.A. 74-5607a and amendments thereto.

(f) Any person licensed to carry a concealed firearm under the Kansas Personal and Family Protection Act, and amendments thereto, at such times and in such places as the person would be allowed to lawfully carry a concealed firearm under that act.

(D) Any person convicted of a violation of this section shall be punished by a fine not to exceed $2500, or a jail term not to exceed one year, or both such fine and jail term.

SECTION 2.   Chapter 14, Section 14-408 of the Code of the City of Lawrence, Kansas 2011 edition and amendments thereto, is hereby amended to read as follows:

14-408             CARRYING WEAPONS IN OR NEAR ANY BAR. 

(A)       Definitions

(1)        ”Alcoholic Liquor” means alcohol, spirits, wine, beer and every liquid or solid, patented or not, containing alcohol, spirits, wine, or beer, and capable of being consumed as a beverage by a human being, but shall not include any cereal malt beverage.

(2)        “Cereal Malt Beverage” means any fermented but undistilled liquor brewed or made from malt or from a mixture of malt or malt substitute, but does not include any such liquor that is more than 3.2 percent alcohol by weight.

(3)        “Close proximity” means property any part of which is within 200 feet, except that if any portion of the contiguous area of a park, unimproved lot, parking garage or parking lot is within 200 feet then the entire contiguous area of the parking lot or parking garage is within close proximity.

(4)    “Dangerous knife” means every knife or straight razor except for:

(a)   An ordinary folding pocket knife with a blade no longer than 4 inches in length.

(b)   Knives provided by the drinking establishment for use by patrons for the purpose of dining.

(c)   Knives possessed by the employees and owners of the drinking establishment, or those contracted by such owners or employees to perform work within the drinking establishment, when such knives are used within the drinking establishment as tools for food preparation, maintenance, or some other business purpose.

(d)   Knives and straight razors possessed by individuals who may lawfully carry such items concealed on their person pursuant to K.S.A. 21-6301(a)1-8, and amendments thereto. 

(5)        “Drinking establishment” means premises where alcoholic liquor is sold by the drink and every premises licensed for that purpose.

(6)        “Firearm” means an object having the design or capacity to propel a projectile by force of an explosion, gas, or other combustion.

(7)        “Possession” means exercising actual or constructive dominion or control over an object.

(8)        “Publicly accessible property” means any public or private street, alley, sidewalk, unimproved lot, park, walkway, trail, parking garage, parking lot or other property that is accessible to or actually used by members of the general public.   

(9)        “Within a drinking establishment” means any area on the premises of a drinking establishment where alcoholic liquor may be lawfully consumed.

(B)       It shall be unlawful for any person to possess a firearm within a drinking establishment or on publicly accessible property in close proximity to the premises of any drinking establishment.

(C)       It shall be unlawful for any person to possess a dangerous knife within a drinking establishment.

(D)       The provisions of this section concerning the possession of firearms shall not apply to:

(1)        Business owners and their employees while they are on the premises of their fixed place of business.

(2)        Law enforcement officers or others entitled to carry concealed firearms in the locations that they are lawfully authorized to carry such firearms.

(3)        Members of the United States Armed Forces or Kansas National Guard during or in conjunction with the actual performance of their official duties. 

(4)        An unloaded firearm within a vehicle so long as the firearm is within a container that completely encloses the firearm.

(5)        An unloaded firearm possessed by an individual who does not contemporaneously possess any ammunition for the firearm contained in any ammunition clip, magazine, speed loader, drum or other device that allows for the rapid loading of the firearm provided that such firearm is not possessed within a drinking establishment.

(6)        Individuals whose residence is within close proximity to the area where the firearm is possessed if such firearm is not possessed within a drinking establishment.

(7)        Firearms that may not be lawfully possessed.  The possession of such firearms may be prosecuted under the specific laws rendering their possession illegal.

(8)        Firearms that only incidentally pass through an area regulated by this section.  A firearm incidentally passes through a regulated area if the possessor does not voluntarily interrupt his or her continuous travel through the regulated area.  Pausing on the roadway due to traffic control devices or traffic conditions shall not be considered voluntary interruption of travel.

(9)        Firearms possessed while on the premises of a lawfully operating firing range or target range with a fixed place of business. (Ord. 7984)

(E)       This section shall be construed to limit the right to possess weapons in the areas regulated, and nothing in the section shall be interpreted to grant an individual the right to possess a weapon in an area or manner that would be unlawful under any other applicable law.

(E) Any person who is convicted of a violation of this section shall be punished as follows:

(1)        On a first offense the person shall be fined in an amount not less than $500 or more than $2500, and shall be sentenced to a jail term of at least 30 days but not more than one year.

(2)        On a second offense the person shall be fined in an amount not less that $1000 or more than $2500 and shall be sentenced to a jail term of at least 90 days but no more than one year.

(3)        On a third or subsequent offense the person shall be fined $2500 and shall be sentenced to a jail term of at least 180 days but no more than one year.

SECTION 3. If any section, clause, sentence, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.

SECTION 4.  This ordinance shall be in full force and effect on and after July 1, 2013 and after its passage and publication according to law.

PASSED by the Governing Body of the City of Lawrence, Kansas, this ___day of May, 2013.

APPROVED:

_____________________________

Michael Dever, Mayor

ATTEST:

__________________________________

Jonathan M. Douglass

City Clerk

APPROVED AS TO FORM AND LEGALITY

__________________________________

Toni R. Wheeler

City Attorney

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NOTICE TO PUBLISHER

Publish one time and return one Proof of Publication to the City Clerk and one to the City Attorney.