37-04 Ordinance RECORD OF ORDINANCES
Dayton Leal Blank, Inc. Form No. 30043
37-04
Ordinance No. Passed . 20
AN ORDINANCE AMENDING DUBLIN CODE SECTIONS
137.02 AND 137.04 RELATING TO CARRYING CONCEALED
WEAPONS, AND DECLARING AN EMERGENCY
WHEREAS, Council desires to amend legislation regarding the carrying of a
concealed handgun; and
WHEREAS, Council desires to preserve and promote the health, safety and welfare
of its citizens and the traveling public by conforming to state law requirements
regarding the carrying of a concealed handgun;
WHEREAS, Council desires to amend legislation in order to conform with the laws
of the State of Ohio.
NOW, THEREFORE, BE IT ORDAINED by the Council, of the City of Dublin,
State of Ohio, ~ of the elected members concurring that:
Section 1. That Section 137.02 of the Dublin Codified Ordinances regulating the
carrying of concealed weapons is amended as follows:
§ 137.02 CARRYING CONCEALED WEAPONS.
(A) No person shall knowingly carry or have, concealed on his or her person or
concealed ready at hand, any deadly weapon.
(B) This section does not apply to_
officers, agents or employees of this or any other state or the United
States, or to law enforcement officers, authorized to carry concealed weapons or
dangerous ordnance, and acting within the scope of their duties.-, or
person who at the time of the alleged carrying or possession of a
handgun is in possession of a valid license or temporary emergency license to carry a
concealed handgun issued under section 2923 125 or 2923.1213 of the Revised Code
or a license to carry a concealed hand~~un that was issued by another state with which
the attorne~~eneral has entered into a reciprocity agreement under section 109.69 of
the Revised Code unless th~erson knowingly is in a place described in division (B)
of section 2923.126 of the Revised Code.
(C) It is an affirmative defense to a charge under this section of carrying or
having control of a weapon other than dangerous ordnance, that the actor was not
otherwise prohibited by law from having the weapon, and that any of the following
apply:
(1) The weapon other than a handgun was carried or kept ready at hand by
the actor for defensive purposes, while the actor was engaged in or was going to or
from the actor's lawful business or occupation, which business or occupation was of
such character or was necessarily carried on in such manner or at such a time or place
as to render the actor particularly susceptible to criminal attack, such as would justify
a prudent man in going armed.
(2) The weapon other than a handgun was carried or kept ready at hand by
the actor for defensive purposes, while the actor was engaged in a lawful activity, and
had reasonable cause to fear a criminal attack upon the actor or a member of the
actor's family or upon the actor's home, such as would justify a prudent person in
going armed.
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Ordinance No. 37-04 Passed g 20
(3) The weapon was carried or kept ready at hand by the actor for any lawful
purpose and while in the actor's own home.
(4) The weapon was being transported in a motor vehicle for any lawful
purpose, and was not on the actor's person, and, if the weapon was a firearm, was
carried in compliance with the applicable requirements of § 137.04(C).
(D) Whoever violates this section is guilty of carrying concealed weapons, a
misdemeanor of the first degree, if the offender has not previously been convicted of a
violation of this section, R.C. § 2923.12 or of any offense of violence, or if the weapon
involved is not a firearm that is either loaded or for which the offender has
ammunition ready at hand, or if the weapon involved is not a dangerous ordnance, or
if the offense is not committed aboard an aircraft, nor with purpose to carry a
concealed weapon aboard an aircraft, regardless of the weapon involved.
Section 2. That Section 137.04 of the Dublin Codified Ordinances regulating
improperly handling of firearms in a motor vehicle is amended as follows:
§ 137.04 IMPROPERLY HANDLING FIREARMS IN A MOTOR VEHICLE.
(A) No person shall knowingly discharge a firearm while in or on a motor
vehicle.
(B) No person shall knowingly transport or have a loaded firearm in a motor
vehicle, in such manner that the firearm is accessible to the operator or any passenger
without leaving the vehicle unless in compliance with Section 2923.16 (E) of the Ohio
Revised Code.
(C) No person shall knowingly transport or have a firearm in a motor vehicle,
unless it is unloaded, and is carried in one of the following ways:
(1) In a closed package, box or case;
(2) In a compartment that can be reached only by leaving the vehicle;
(3) In plain sight and secured in a rack or holder made for the purpose;
(4) In plain sight with the action open or the weapon stripped, or, if the
firearm is of a type on which the action will not stay open or which cannot easily be
stripped, in plain sight..-,•_or
In compliance with Section 2923.16 (E) of the Ohio Revised Code.
(D) (1) This section does not apply to officers, agents, or employees of this or
any other state or of the United States, or to law enforcement officers, when
authorized to carry or have loaded or accessible firearms in motor vehicles and acting
within the scope of their duties.
(2) Division (A) of this section does not apply to a person if all of the
following circumstances apply:
(a) The person discharges a firearm from a motor vehicle at a coyote
or groundhog, the discharge is not during the deer gun hunting season as set by the
Chief of the Division of Wildlife of the Department of Natural Resources, and the
discharge at the coyote or groundhog, but for the operation of this section, is lawful.
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Ordinance No. 3704 Passed g 2~
(b) The motor vehicle from which the person discharges the firearm
is on real property that is located in an unincorporated area of a township and that is
either zoned for agriculture or is used for agriculture.
(c) The person owns the real property described in division (D)(2)(b)
of this section, is the spouse or a child of another person who owns that real property,
is a tenant of another person who owns that real property, or is the spouse or a child of
a tenant of another person who owns that real property.
(d) The person does not discharge the firearm in any of the following
manners:
1. While under the influence of alcohol, a drug of abuse, or alcohol and
a drug of abuse;
2. In the direction of a street, highway or other public or private
property used by the public for vehicular traffic or parking;
3. At or into an occupied structure that is a permanent or temporary
habitation;
4. In the commission of any violation of law, including but not limited
to a felony that includes, as an essential element, purposely or knowingly causing or
attempting to cause the death of or physical harm to another and that was committed
by discharging a firearm from a motor vehicle.
(3) Divisions (B) and (C) of this section do not apply to a person if all of the
following circumstances apply:
(a) At the time of the alleged violation of either of those divisions,
the person is the operator of or a passenger in a motor vehicle.
(b) The motor vehicle is on real property that is located in an
unincorporated area of a township and that is either zoned for agriculture or is used for
agriculture.
(c) The person owns the real property described in division (D)(3)(b)
of this section, is the spouse or a child of another person who owns that real property,
is a tenant of another person who owns that real property, or is the spouse or a child of
a tenant of another person who owns that real property.
(d) The person, prior to arriving at the real property described in
division (D)(3)(b) of this section, did not transport or possess a firearm in the motor
vehicle in a manner prohibited by division (B) or (C) of this section while the motor
vehicle was being operated on a street, highway or other public or private property
used by the public for vehicular traffic or parking.
(E) The affirmative defenses contained in § 137.02(C)(1) and (2) are affirmative
defenses to a charge under division (B) or (C) of this section.
(F) Whoever violates this section is guilty of improperly handling firearms in a
motor vehicle. Violation of division (A) or (B) of this section is a misdemeanor of the
first degree. Violation of division (C) of this section is a misdemeanor of the fourth
degree.
(G) As used in this section:
AGRICULTURE has the same meaning as in R.C. § 519.01.
RECORD OF ORDINANCES
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Ordinance No. 37-04 Passed g . 20
MOTOR VEHICLE, STREET and HIGHWAY have the same meaning as in §
70.01 and R.C. § 4511.01.
OCCUPIED STRUCTURE has the same meaning as in R.C. § 2909.01.
TENANT has the same meaning as in R.C. § 1531.01.
UNLOADED means, with respect to a firearm employing a percussion cap,
flintlock, or other obsolete ignition system, when the weapon is uncapped or when the
priming charge is removed from the pan.
Section 3. That this Ordinance be, and the same hereby is, declared to be an
emergency measure for the preservation of the public peace, health, welfare and safety
of the citizens of Dublin and, therefore, this Ordinance shall take effect and be in full
force immediately upon its passage.
Passed this theo~,(S~day of , 2004.
. .
Mayor -Presiding Officer
ATTEST:
i
Clerk of Council
I hereby certify that copies of this
Ordinance/Resolution were posted in the
City of Dublin in accordance with Section
731.25 of the Ohio Revised Code.
D ty Clerk of Council, Dublin, Ohio
MEMORANDUM
TO: Jane Brautigam, City Manager
Michelle Crandall, Assistant City Manager
Mike Epperson, Chief of Police
FROM: Anthony Pierson
DATE: June 16, 2004
RE: Ordinance 37-04 Amending Dublin Code Sections 137.02 and 137.04
The City of Dublin desires to preserve and promote the health, safety and welfare of its
citizens and the traveling public by conforming to state law requirements regarding the carrying
of a concealed handgun. The newly enacted House Bill 12 governs the carrying of concealed
handguns. As a result, the City of Dublin desires to amend legislation in order to conform to the
laws of the State of Ohio.
Attached you will find a proposed ordinance amending Dublin Code Sections 137.02 and
137.04 relating to carrying concealed weapons.
{H0443010.1 j
Office of the City Manager
5200 Emerald Parkway, Dublin, Ohio 43017-1006
Phone: 614-410-4400 /Fax: 614-410-4490 ~ ~ ~ O
To: Members of Dublin City Council
From: Jane S. Brautigam, City Manager~o-.••~.-J~.
Date: June 3, 2004
Initiated By: David L. Harding, Director of Human Resources
Re: Amendment to Ordinance No. 98-96 (Compensation Plan) - Dy`p!/rj(,~ne.~e ~'-d
SUMMARY
Attached for your consideration please find Ordinance No. 38-04 amending Section 3 (PERFORMANCE BONUSES)
of Ordinance No. 98-96 (Compensation Plan for non-union personnel). The amendment proposed in the attached
legislation would provide for the creation of an "Instant Bonus" program. This "Instant Bonus" program is designed
to recognize and reward individual employees, or teams of employees, for demonstrating exceptional effort in
implementing and completing a project or a program that: (1) significantly enhances the efficiency and effectiveness
of City operations, or; (2) significantly exceeds expectations in the areas of performance or customer service, or; (3)
demonstrates innovation or creativity in government. The specific terms and conditions of this program are detailed
under Section 1 of the legislation.
Funding for these bonuses would be allocated on a departmental basis as follows:
• Administration (45 employees): $ 5,000
• Finance (20 employees): $ 2,500
• Development (66 employees): $ 7,500
• Service (67 employees): $ 7,500
• Safety (11 employees): $ 1,500
Total: $24,000
Appropriate funding for the initial implementation of this program exists within the 2004 Operating Budget.
The initial implementation of this bonus program would only apply to non-union personnel, however, through
discussions with the three unions representing City personnel, it could be expanded to union employees. The
recommended funding allocations for such expansion would be an additional $7,500 each for the Departments of
Safety and Service. Total funding under this expanded program would not exceed $ 40,000.
RECOMMENDATION
Staff believes that the proposed amendment is an outstanding enhancement to the City's Compensation Plan and,
therefore, recommends that Council adopt Ordinance No. 38-04.
Attachment