Well, we were afraid of this. Here is the proposed Town of Castle Rock ordinance which expands the current prohibition on open carry. Help us fight this!!
ORDINANCE NO. 2013-
AN ORDINANCE AMENDING SECTION 9.04.165 OF THE CASTLE ROCK MUNICIPAL CODE CONCERNING THE OPEN CARRYING OF FIREARMS IN PUBLIC FACILITIES, PARKS, TRAILS AND OPEN SPACE
WHEREAS, Section 29-11.7-104 of the Colorado Revised Statutes states:
A local government may enact an ordinance, regulation, or other law that prohibits the open carrying of a firearm in a building or specific area within the local government’s jurisdiction. If a local government enacts an ordinance, regulation, or other law that prohibits the open carrying of a firearm in a building or specific area, the local government shall post signs at the public entrances to the building or specific area informing persons that the open carrying of firearms is prohibited in the building or specific area.
WHEREAS, the Town Council finds that it is in the public interest to prohibit the open carry of firearms within and upon designated buildings, facilities and properties owned or utilized by the Town of Castle Rock and that such prohibition will preserve the public health, safety and welfare.
NOW, THEREFORE, IT IS ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF CASTLE ROCK, COLORADO AS FOLLOWS:
Section 1. Amendment. Section 9.04.165 of the Castle Rock Municipal Code is amended in its entirety to read as follows:
9.04.165 Open carry of firearms prohibited.
A. “Town Facilities” shall mean municipally- owned, operated or leased: (i) offices, (ii) buildings, (iii) parks, trails and open space areas, and (iii) other recreation facilities and areas, including but not limited to, swimming pools and golf courses.
B. The open carrying of firearms in or upon Town Facilities is unlawful. The Town Manager shall cause all Town Facilities to be posted with the required statutory notification of prohibition.
C. The fact that a Town Facility is not posted with the required statutory notification of prohibition shall be an affirmative defense to prosecution under this Section.
D. Nothing in this section shall forbid: (i) any law enforcement officer from carrying or wearing such weapons or firearms as necessary in the proper discharge of his or her duties, or (ii) any employee of an armored car service agency under contract with the Town from openly carrying a firearm as may be necessary and customary in the discharge of his or her duties provided such employee is authorized by his employer to carry such firearm and the employee is acting within the scope of employment when entering the Town Facility.
Section 2. Manager Authority. Adoption of this Ordinance shall not restrict the Town Manager from regulating the open carrying of weapons by Town employees outside of Town Facilities pursuant to the standing authority granted the Town Manager under Section 3-3 of the Town Charter and Section 2.06.010 of the Castle Rock Municipal Code.
Section 3. Severability. If any part or provision of this Ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provisions or application, and to this end the provisions of this Ordinance are declared to be severable.
Section 4. Safety Clause. The Town Council finds and declares that this Ordinance is promulgated and adopted for the public health, safety and welfare and this Ordinance bears a rational relation to the legislative object sought to be obtained.
APPROVED ON FIRST READING this ____ day of ______________, 2013 by a vote of ____ for and ____ against, after publication in compliance with Section 2.02.100.C of the Castle Rock Municipal Code; and
PASSED, APPROVED AND ADOPTED ON SECOND AND FINAL READING this _____of _______________, 2013 by the Town Council of the Town of Castle Rock, Colorado, by a vote of ___ for and ___ against.
ATTEST: TOWN OF CASTLE ROCK
Sally Misare, Town Clerk Paul Donahue, Mayor
Approved as to form:
Robert J. Slentz, Town Attorney