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HomeMy WebLinkAboutbocc.ord.027.2022AN EMERGENCY ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING A PROHIBITION OF CONCEALED HANDGUNS WITHIN THE PITKIN COUNTY ADMINISTRATION AND SHERIFF’S OFFICE BUILDING AND AT ALL PITKIN COUNTY VOTING CENTERS AND POLLING PLACES ORDINANCE NO. 027-2022 RECITALS 1. Pursuant to 30-35-301 C.R.S., the Board of County Commissioners (“BOCC”) of Home Rule Counties is authorized to make and publish ordinances for carrying into effect or discharging the powers and duties conferred upon such counties by law and as seems necessary, and; 2. Pursuant to Section 2.8.2 of the Home Rule Charter (“HRC”), the Board of County Commissioners is authorized to take official action by Emergency Ordinance for certain matters where action is prescribed pursuant to the Colorado Revised Statutes as amended, and; 3. The BOCC believes that the conduct of fair and open elections should be absent any threats or intimidation to the electorate, and; 4. The BOCC intends to protect its staff, volunteers and the community and the BOCC intends to maintain facilities that are safe and free of violence, and; 5. Pursuant to Colorado Revised Statutes section 18-12-214 (1)(c), a local government may enact an ordinance, resolution, rule, or other regulation that prohibits a permittee from carrying a concealed handgun in a building or specific area within the local government's jurisdiction, and; 6. The BOCC finds that adoption of this ordinance is necessary for the immediate preservation of the public health, safety and welfare of the citizens of Pitkin County and therefore declares this ordinance and legislation to be effective immediately pursuant to HRC Section 2.8.2. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Colorado that it hereby adopts an ordinance approving the prohibition of concealed handguns within the Pitkin County Administration and Sheriff’s Office Building, all Pitkin County Voting Centers and Polling Places and for a distance of one hundred (100) feet of those locations, from the date of this Ordinance’s adoption through December 31, 2022, and authorizes the Chair or the Chair’s designee to sign the Ordinance and upon the satisfaction of the County Attorney as to form, execute any other associated documents necessary to complete this matter. Violation of this Ordinance shall subject the violator to a civil penalty not to exceed $50.00 (fifty) dollars for a first offense and up to $1000.00 (one thousand) dollars for each subsequent offense. Failure to leave the described premises shall subject the violator to a maximum of 6 (six) months incarceration at the County Jail or such other period not to exceed 6 (six) months, as prescribed by State law, in addition to the civil penalty. INTRODUCED, READ AND ADOPTED AS AN EMERGENCY ORDINANCE ON THE 21st DAY OF JUNE 2022 AND SET FOR CONFIRMATORY PUBLIC HEARING ON THE 13th DAY OF JULY, 2022. NOTICE OF CONFIRMATORY PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE EMERGENCY ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 30th DAY OF JUNE 2022. NOTICE OF CONFIRMATORY PUBLIC HEARING AND THE FULL TEXT OF THE EMERGENCY ORDINANCE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE www.pitkincounty.com ON THE 30th DAY OF JUNE 2022. CONFIRMED AT A PUBLIC HEARING ON THE 13th DAY OF July 2022. POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE www.pitkincounty.com ON THE 14th DAY OF JULY 2022. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER CONFIRMATORY PUBLIC HEARING, IN THE ASPEN TIMES WEEKLY ON THE 21st DAY OF JULY, 2022. ATTEST: BOARD OF COUNTY COMMISSIONERS By _________________________ By: _____________________________ Julia Ely Patti Clapper, Chair Deputy County Clerk Date: ______________ APPROVED AS TO FORM: MANAGER APPROVAL ___________________________ _________________________________ John Ely, County Attorney Rich Englehart for Jon Peacock, County Manager Revised 01/01/2022 Jun-22-2022