City/County parks that prohibit carry

Discussion in 'Places Off-Limits' started by jrm, Nov 11, 2005.

  1. jrm

    jrm Sledgehammer

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    After our thread about Gwinnett parks, it made me think there probably plenty of other cities and counties that have invalid ordinances. I'll start with what I have found:

    City of Roswell:

    Section 14.2.4 Activities Prohibited in Parks and Public Places.


    The following activities are prohibited in all City of Roswell public parks including the Roswell Trail System:
    (a) Alcoholic beverages. It shall be unlawful for any person to possess and/or consume any alcoholic beverage, or be under the influence of alcoholic, malt and/or vinous beverage, within any public park and/or within any building under the supervision of the Roswell Recreation and Parks Department unless such usage is expressly permitted by signage or published rules of the particular park or recreation building.
    (b) Firearms. It shall be unlawful for any person to possess any firearm, air gun or any explosive substance in any of the city parks, unless written permission for such has been authorized by the director of the Roswell Recreation and Parks Department.

    Section 14.2.6 Violation, Penalty.


    Any person violating any provision of this section and/or concealing a violation of, or harboring, assisting or protecting a person charged with or convicted of a violation of this section shall be punished by a fine not to exceed two hundred and fifty dollars ($250.00), by sentence of imprisonment not exceeding ninety (90) days, and to community service for a period not exceeding ninety (90) days, either or both of such fines and imprisonment, or work on the streets, parks or public works, in the discretion of the municipal court judge.


    Here's a list compiled by Malum Prohibitum:


    List now located on the Places Not Off-limits page in its own section.


    Unknown

    Alpharetta - Rules are not part of code as amended, but they are posted on signs and available from city, there are penalties for violating these unknown rules

    Bibb County Lake Tobesofkee Recreation Area - 1974 code is incorporated into the code as the rules that are enforceable - but you gotta ask for them

    Clayton County - Sec. 66-20. Firearms.
    It shall be unlawful for any person to possess, carry or use any firearm in a park unless otherwise specifically authorized by state law. (emphasis added). I would like to put this in the OK category, but I am not sure that what the commission meant by "authorized by state law" was a firearms license.

    :roll:
     
  2. jrm

    jrm Sledgehammer

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    Atlanta

    City of Atlanta:

    Sec. 110-66. Weapons.
    No person in any park, except a police officer or other peace officer, shall possess a firearm of any size or description or any instrument, appliance or substance designed, made or adapted for use primarily as a weapon.

    Sec. 1-8. General penalty; continuing violations.
    (a) In this section, the term "violation of this Code" means:
    (1) Doing an act that is prohibited or made or declared unlawful, an offense or a misdemeanor by ordinance or by rule or regulation authorized by ordinance;
    (2) Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance; or
    (3) Failure to perform an act if the failure is declared a misdemeanor or an offense or unlawful by ordinance or by rule or regulation authorized by ordinance.
    (b) In this section, the term "violation of this Code" does not include the failure of a city officer or city employee to perform an official duty, unless it is provided that failure to perform the duty is to be punished as provided in this section or it is clear from the context that it is the intent to impose the penalty provided for in this section upon the officer or employee.
    (c) Except as otherwise provided, a person convicted of a violation of this Code shall be punished by a fine not exceeding $1,000.00, imprisonment for a term not exceeding six months or work on the public streets or on public works of the city for not more than six months, or any combination thereof. With respect to violations of this Code that are continuous with respect to time, each day the violation continues is a separate offense.
    (d) The imposition of a penalty does not prevent revocation or suspension of a license, permit or franchise or other administrative sanctions.
    (e) Violations of this Code that are continuous with respect to time are a public nuisance and may be abated by injunctive or other equitable relief and by such other means as are provided by law. The imposition of a penalty does not prevent equitable relief.[/b]
     

  3. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    JRM,

    The "subject" shows up in little tiny letters, so, for clarification, you may want to put it in the post using the edit button.
     
  4. jrm

    jrm Sledgehammer

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    Fulton County

    Fulton County


    Sec. 50-38. Firearms and other weapons banned.
    No person shall use or possess within any Fulton County park or recreational facility any rifle, pistol, shotgun, bow and arrow, slingshot, BB gun, pellet gun, or any other device capable of throwing any projectile of any sort, including the hand throwing of rocks or stones intended to be used as weapons. This section shall not be operative in any specific area now designated or to be designated in the future as a rifle range, archery range, or any other specific area whose purpose is to allow the activity otherwise proscribed by this section.
    (Code 1983, § 32-1-13)

    Sec. 1-8. General penalty; continuing violations.
    (a) In this section "violation of this Code" means:
    (1) Doing an act that is prohibited or made or declared unlawful, an offense or a misdemeanor by ordinance or by rule or regulation authorized by ordinance;
    (2) Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance; or
    (3) Failure to perform an act if the failure is declared a misdemeanor or an offense or unlawful by ordinance or by rule or regulation authorized by ordinance.
    (b) In this section "violation of this Code" does not include the failure of a county officer or county employee to perform an official duty unless it is provided that failure to perform the duty is to be punished as provided in this section.
    (c) Except where a violation is to be punished as a misdemeanor or other specific enforcement provision is set forth in the Code, a person convicted of a violation of this Code shall be punished by a fine not exceeding $1,000.00, imprisonment in the county jail for a term not exceeding 60 days, or by any combination thereof. With respect to violations of this Code that are continuous with respect to time, each day the violation continues is a separate offense.
    (d) The imposition of a penalty does not prevent revocation or suspension of a license, permit or franchise.
    (e) Violations of this Code that are continuous with respect to time may be abated by injunctive or other equitable relief. The imposition of a penalty does not prevent equitable relief.
    (Code 1983, § 21-1-8; Ord. No. 99-0440, § 2, 3-17-99)
    State law references: Maximum punishments which may be imposed for violations of county ordinances, O.C.G.A. § 36-1-20(b).
     
  5. jrm

    jrm Sledgehammer

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    Dekalb County

    I found Dekalb's park rules, but I did not see a prohibition of firearms (this was based on a quick search).
     
  6. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    A brief review over at www.municode.com does not reveal any.

    Chapter 19 contains the park rules.

    Maybe one metro county got it right.
     
  7. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    I could not find in such restrictions in Fayette County ordinances.
     
  8. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    City of Fayetteville appears to have only one ordinance - no entry after dark.
     
  9. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Peachtree City -

    Sec. 54-6. Firearms; firecrackers; airguns; slingshots; explosives substances; dangerous missiles.
    It shall be unlawful for any person to handle or discharge any firearm, firecracker, airgun, slingshot or other explosive, noisy or destructive article or substance, or throw any stone or other missile in, about or across any of the parks belonging to or in the care of the city.
    (Code 1980, § 15-6)

    Well, I don't suppose a holstered fiream is "handling" a firearm. I wouldn't want people "handling" firearms in the park, either.
     
  10. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Tyrone was not online, so that wraps up Fayette County.
     
  11. wwomack

    wwomack New Member

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    Athens

    Athens-Clarke County

    Sec. 1-10-4. Prohibited acts.
    (a) The following acts are prohibited in all parks in Athens-Clarke County:
    ...
    (3) Possession of firearms.


    Sec. 1-1-5. General penalty; continuing violations; notice of ordinance violation.
    (a) General penalty and continuing violations. Whenever in this Code or in any ordinance of Athens-Clarke County any act is prohibited or is made or declared to be unlawful or an offense, or whenever in this Code or in any ordinance the doing of any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of that provision of this Code or that ordinance shall be punished by a fine not to exceed $1,000.00 or imprisonment for a term not exceeding six months, or any combination thereof, subject to all limitations contained in the Charter of Athens-Clarke County. Each day any violation of this Code or of any ordinance shall continue shall constitute a separate offense.




    Found at municode.com
     
  12. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    On to Coweta County-

    Senoia has no park regulations whatsoever. It even has an ordinance allowing discharge of firearms inside the city limits with enough acreage, neighbor permission, or in accord with DNR laws. I don't assume that one will be useful much longer the way the city is growing . . .
     
  13. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    No Firearms

    Athens-Clarke County
    Atlanta
    Floyd County (except for official starters at track and field events)
    Fulton County
    Kennesaw
    Gwinnett County
    McDonough (unless unloaded and stored so as not accessible)
    Rome (with the exception of official starters at track and field events)
    Roswell


    Firearms OK

    Avondale Estates (if you are a resident)
    Bibb County
    Brunswick
    Carrollton
    Cartersville
    Cobb County
    DeKalb County
    Fayetteville
    Fayette County
    DeKalb County
    Marietta
    Newnan (although no "handling")
    Peachtree City (although no "handling" :lol: )
    Senoia



    Unknown

    Alpharetta - Rules are not part of code as amended, but they are posted on signs and available from city, there are penalties for violating these unknown rules

    Bibb County Lake Tobesofkee Recreation Area - 1974 code is incorporated into the code as the rules that are enforceable - but you gotta ask for them

    UPDATE: THE CURRENT LIST IS NOW IN THE FIRST POST
     
  14. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    I must say, Kennesaw's ordinance was quite a surprise.

    66-2(4)
    It shall be unlawful to . . . Have in their possession any weapons or firearms including but not limited to hand guns, rifles, air gun or any knife that could be used as a weapon.

    And after all the good press they got in gun magazines for adopting that other ordinance

    34-1
    Heads of households to maintain firearms.
    (a) In order to provide for the emergency management of the city, and further in order to provide for and protect the safety, security and general welfare of the city and its inhabitants, every head of household residing in the city limits is required to maintain a firearm, together with ammunition therefor.
    (b) Exempt from the effect of this section are those heads of households who suffer a physical or mental disability which would prohibit them from using such a firearm. Further exempt from the effect of this section are those heads of households who are paupers or who conscientiously oppose maintaining firearms as a result of beliefs or religious doctrine, or persons convicted of a felony.


    All those exceptions kind of make it hard to enforce. I guess you could get a conviction on someone who admits that he is not opposed to owning one, suffers none of the other disabilities, but admits to just "not having gotten around to it yet." It carries 12 months in jail and a $1,000.00 fine.
     
  15. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    jrm,

    Would you mind reposting (cut and paste) your Roswell post (the first one) and allowing me to insert the list I compiled (two posts up) on your post, or you cut and paste it, so that it will be at the top of the thread, as with the other "Off Limits" posts?

    It would be easier to keep track that way. :wink:

    I can start a new thread, if you don't want the first post "monkeyed with."
     
  16. jrm

    jrm Sledgehammer

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    MP,

    You should have been more condescending to me, because I wasn't sure what you were asking me to do. I copied and pasted your list into the first post. If you wanted something else, let me know.
     
  17. Gunstar1

    Gunstar1 Administrator

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    Wow, looks like I need to do some work where I live. I did not know both Rome (city) and Floyd county had restrictions.


    jrm, that is what he meant. I was about to relist them just as you did.
     
  18. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Yes, that is all I meant. I just did not want to put anything in jrm's post without permission.

    Gunstar, I put those up first because I thought you would be interested. It is obvious that you will be immune from arrest and perfectly safe to carry if you simply don a windbreaker with "Official Starter" printed on it in prominent letters.

    :D
     
  19. Gunstar1

    Gunstar1 Administrator

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    Looks like I need to go to to the sporting goods store in the mall.

    I wonder if a hat will do since they are cheaper? :D
     
  20. jrm

    jrm Sledgehammer

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    Don't forget you can carry in the mall, because it is axiomatice that a mall is not a public gathering, and even the attorney general agrees with you....(thanks MP).