Agenda - 11-16-1993 - VII-B - Laserfiche WebLink

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40 2 In addition to the regulations themselves, there are three key issues related to the proposed ordinance: 1 . Exclusions. 2 . Definition of Public Property. 3 . Enforcement and Penalties. Explanation of Regulatory Provisions The five regulatory provisions of the proposed ordinances are summarized below. 1 . Display of firearms by persons consuming or under the influence of drugs and alcohol. Section 11-131 would prohibit the display of firearms on the public streets, alleys, sidewalks or other public property, by persons consuming or under the influence of alcohol or drugs. The ordinance establishes both a subjective standard, "under the influence of an impairing substance", and an objective standard, a blood alcohol concentration of . 04 percent. We would expect that in most cases, absent the consent of the person involved or an associated driving while impaired charge, that the subjective standard would be used in any under the influence case brought under this ordinance. 2 . Display of firearms at polling places. Section 11-132 would prohibit the display of firearms at polling places. Polling places are defined by reference to the state law regulating polling places during the period in which elections are being conducted. This would include the area within 50 feet of the building in which the voting place is located while polls are open. 3 . Display of firearms at public assemblies. Section 11-133 would prohibit the display of firearms at public assemblies on any street, sidewalk, alley or other public property of the Town. Public assembly is defined as the gathering of three or more persons in close proximity, engaging in one or more common activities, and able to communicate without use of any special equipment. Certain public assemblies (parades, picket lines, demonstrations and funeral processions) already regulated as to firearm possession under state law would be excluded from the ordinance.