Chapter 9.10
WEAPONS POSSESSION*
Sections:
9.10.050 Administrative search.
9.10.060 Municipal judge’s powers.
* Code reviser’s note: See also Chapter 9.12 SHMC.
9.10.010 Definitions.
"City building" means any city-owned or controlled building, including but not limited to the St. Helens public library, police department building, wastewater treatment plant, water filtration facility, public works building, St. Helens City Hall, as well as the adjacent and connected St. Helens municipal court building. (Ord. 3013 § 2, 2006)
9.10.020 Prohibition.
Except as provided in SHMC 9.10.030 and 9.10.040, no person shall possess in or on any city building a weapon, explosive or hazardous substance of any kind, whether concealed or unconcealed, including but not limited to the following items:
(1) Any dirk, dagger, ice pick, slingshot, metal knuckles, or any similar instrument or a knife, including an ordinary pocket knife;
(2) Mace, tear gas, pepper mace, or any similar deleterious agent;
(3) An electrical stun gun or any similar instrument;
(4) A tear gas weapon;
(5) A club, bat, baton, billy-club, bludgeon, knobkerrie, nunchaku, nightstick, truncheon, or any similar instrument;
(6) Any form of explosive or explosive components;
(7) Any hazardous substance capable of inflicting death or physical injury.
There is no requirement that the instrument or substance be used, attempted to be used or threatened to be used. Mere possession in or on a city building is an offense. Violation of this prohibition is a class A misdemeanor. (Ord. 3013 § 3, 2006)
9.10.030 Firearms exception.
ORS 166.170 expressly grants the power to regulate firearms to the state’s Legislative Assembly, and nothing in this chapter shall be construed as an attempt to regulate any type of firearm. The prohibition in SHMC 9.10.020 does not apply to loaded or unloaded firearms, possession of which in a public building is a class C felony by operation of ORS 166.370, with limited exceptions as outlined in state statute. (Ord. 3013 § 4, 2006)
9.10.040 Exceptions.
The prohibition in SHMC 9.10.020 does not apply to government officials, including but not limited to the following defined persons; provided, that such authorization to possess such instruments or materials extends only to the extent such persons are acting within the scope of their employment:
Any sworn sheriff, constable, marshal, municipal police officer, member of the Oregon State Police, investigator of the Criminal Justice Division of the Department of Justice, investigator with a district attorney’s office, district attorney, deputy district attorney, city attorney, assistant city attorney, and municipal court personnel; appointed certified reserve officers; sworn and certified corrections officers; sworn and certified parole and probation officers; federal officers; federal, state or local emergency service personnel; and city employees or authorized city contractors; provided, that such individuals may possess only such tools, equipment and substances as are necessary to perform their normal work duties. (Ord. 3013 § 5, 2006)
9.10.050 Administrative search.
Any person entering a city building may be subject to an administrative search program designed to ensure the safety of city personnel and the public. Said program may include metal detectors and consent searches during periods of elevated security risk. The St. Helens police department, or any other law enforcement agency, shall enforce the prohibition on firearms and dangerous weapons, in ORS 166.370, as adopted by city ordinance, and the provisions of this chapter by every lawful means, including lawful searches of an individual’s person and carried items and the seizure of any firearm, hazardous substance, weapon, or explosive, in order to prevent any person from entering or being within or on a city building with any proscribed item. Refusal of a person to submit to an administrative search as prescribed by an administrative search program pursuant to this chapter shall require the immediate removal of the person from the city building. Refusal to leave when requested by law enforcement or city personnel shall be considered trespass. (Ord. 3013 § 6, 2006)
9.10.060 Municipal judge’s powers.
The municipal court judge of the city of St. Helens shall have the authority to issue, adopt or promulgate such local court rules (e.g., adoption of UTCR) and orders as are necessary to ensure the proper functioning and safety of the court, the litigants, witnesses, and jurors, including the power to impose remedial and punitive sanctions for contempt for violation of such orders when violations occur in the St. Helens municipal court and city judicial offices. (Ord. 3013 § 7, 2006)