HomeMy WebLinkAbout2011-46-1 /18/2011RESOLUTION NO. 2011-46
RESOLUTION PROHIBITING FIREARMS AND WEAPONS
IN AND ON PROPERTY OWNED, LEASED, OR
OTHERWISE OCCUPIED BY THE CITY OF WATERLOO.
WHEREAS, the City of Waterloo, to preserve the safety of
the public and City employees and officials and consistent with
past practice and policy, desires to prohibit the presence of
firearms and weapons in and on property owned, leased, or
otherwise occupied by the City of Waterloo, and
WHEREAS, the City of Waterloo, pursuant to Iowa
Constitution Article III, section 38A and Iowa Code section
364.1, has the authority, except as expressly limited by the
Constitution and if not inconsistent with the laws of the
general assembly, to exercise any power and perform any function
it deems appropriate to protect and preserve the rights,
privileges and property of the City or of its residents, and to
preserve and improve the peace, safety, health, and welfare of
its residents, and
WHEREAS, the City of Waterloo has determined that, with
limited exceptions, the presence of firearms and weapons in or
on City property constitutes a danger to the safety of City
employees, peace officers, and the public, and
WHEREAS, because City buildings and property provide venues
for the assembly of large numbers of people, or may be the forum
for discussion of controversial issues or for the conduct of
unpopular activities, the presence of firearms or weapons in or
on City buildings or property gives rise to an undue risk of
threats and intimidation against democratic processes and
activities and physical harm to City employees, peace officers
and the general public, and
WHEREAS, the Disciplinary Policy for City employees already
prohibits carrying a dangerous weapon as defined by the Iowa
Code while on duty, with the exception of sworn officers of the
Waterloo Police Department, and
WHEREAS, the amendments to Chapter 724 contained in Senate
File 2379 (effective January 1, 2011) relating to the issuance
of non-professional permits to carry firearms does not infringe
on the authority or power of the City of Waterloo to enact
regulations and pass resolutions regarding the protection of
city property, the protection of the health, safety and welfare
of City employees and officials and the public who may be
present on City property by restricting firearms and weapons on
property owned, leased, or occupied by the City of Waterloo.
BE IT THEREFORE RESOLVED that all firearms and all weapons
are prohibited in or on all property that is owned, leased or
otherwise occupied by the City of Waterloo, including but not
limited to City hall, all City office buildings, all property
owned, leased or otherwise occupied by the City of Waterloo
which adjoins said buildings, and any City -owned parks.
Resolution No. 2011-46
Page 2
BE IT FURTHER RESOLVED that the City of Waterloo considers
the term "firearms" to include any device or instrument designed
to propel, or used in the propulsion of, any bullet, shot,
pellet, slug, BB, dart, or other projectile by the action of an
explosive, or by mechanical or electrical means, within or
connected to the device or instrument, and adopts the definition
of "weapons" found in sections 724.1 and 724.4 of the Iowa Code,
with the exception of cutlery or knives designed for purposes of
food preparation or service when used for such purpose.
BE IT FURTHER RESOLVED that peace officers, members of the
Armed Forces of the United States or the National Guard, persons
in the service of the United States with a proper permit to
carry a firearm or weapon, correctional officers serving in an
institution under authority of the Iowa Department of
Corrections, or persons with written permission from the
Director of Safety Services, the Assistant Director of Safety
Services -Police, and/or the police chief are exempted from the
foregoing prohibition.
BE IT FURTHER RESOLVED that any person who enters any
property owned, leased, or otherwise occupied by the City of
Waterloo while having a firearm or weapon in his or her
possession or who is found on any property owned, leased or
otherwise occupied by the City of Waterloo with a firearm or
weapon in his or her possession and who fails to remove the
firearm or weapon immediately from City -owned property shall be
considered by the City of Waterloo to be trespassing pursuant to
Iowa Code section 716.7(2) (b) and will be subject to arrest and
punishment under state law.
PASSED AND ADOPTED this 18th day of January, 2011.
Ernest G. Clark, Mayor
ATTEST:
Suzy Schares, CMC
City Clerk