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43 <br /> 5 <br /> the request of the owner, has assumed the exercise of some <br /> traditional police power regulations generally associated with <br /> public property. We believe a fair argument can be made in <br /> court, if necessary, that such open parking lots and other <br /> areas would have sufficient characteristics of public property <br /> to allow the Town to enforce these regulations. <br /> 3 . Enforcement and Penalties. <br /> Section 11-139 includes the enforcement and penalties <br /> provisions. <br /> a. Section 11-139 (a) provides that the violation of any <br /> provision of the ordinance is a misdemeanor and <br /> punishable by a maximum fine of $500 or imprisonment for <br /> not more than 30 days. This is the maximum criminal <br /> penalty allowed by State law for violation of a local <br /> ordinance. <br /> b. Section 11-139 (b) authorizes the Town, consistent with <br /> provisions of State law, to bring a civil proceeding and <br /> ask the Court to order that a weapon displayed or <br /> possessed in violation of this Article be confiscated. <br /> Unlike provisions of State law regarding disposition of <br /> firearms where a violation of a State statute has <br /> occurred, firearms found in violation of this ordinance <br /> could not be automatically confiscated and destroyed. <br /> This provision would only allow the Town to apply to the <br /> Court in an independent civil law suit for an order <br /> directing the weapon be confiscated. A civil hearing <br /> would be held, with opportunity for parties to be <br /> represented by counsel. It would be up to the Court to <br /> consider the specific facts in any case and determine if <br /> confiscation of a firearm was an appropriate equitable <br /> remedy. <br /> Manaaer's Preliminary Recommendation: That the Council enact the <br /> attached Ordinance. <br />