(A) Each and every recital set forth in the ordinance codified herein is incorporated into this section and made a part hereof.
(B) The term WEAPON shall include all firearms as defined by I.C. 35-47-1-5, including shotguns, defined by I.C. 35-47-1-11, rifles, pistols, sawed off shotguns, defined by I.C. 35-47-1-10, handguns defined by I.C. 35-47-1-6, all electronic stun guns, tasers and electronic stun weapons defined in I.C. 35-47-8-1 through I.C. 35-47-8-3, inclusive, or any deadly weapon as defined by I.C. 35-41-1-8, knives, guns, explosive devices and other instrumentalities capable of causing physical harm to any person or groups of persons.
(C) The term SUBSTANCES shall include illegal drugs, controlled substances as defined under the Indiana Code or other materials, vapors, gases, compounds, liquids or solids that are capable of inflicting harm upon persons or groups of persons.
(D) The term LAW ENFORCEMENT OFFICER is defined herein to mean the definition provided by I.C. 5-2-1-2, the county reserve officers and corrections officers certified by the Sheriff. This definition does not include out-of-county reserve police officers, special appointed deputies or other persons.
(E) All weapons and substances defined by this section are completely banned by this section from being brought, carried or delivered into the building, except when in the possession of law enforcement officers (as defined above), or probation officers when authorized, on a per-person basis by specific order of court, effective at 8:00 a.m. on September 23, 2008.
(F) Effective September 23, 2008 at 8:00 a.m., the Sheriff of the county is ordered to maintain, staff and operate a secured entrance system into the building with metal detector, scanner, personal property search and other personal scanning or search capabilities (“security system”) at the main entrances opening from Court Avenue and from the courtyard in the rear of the building adjacent to the Becher Adult Law Enforcement Facility (the “secure entrances”) in Jeffersonville, Indiana in order to prevent the bringing of instrumentalities and substances defined in this section into the building. All other entrances to said building are ordered closed during all operating hours, effective 8:00 a.m. on September 23, 2008. Effective at 8:00 a.m. on September 23, 2008, all persons seeking entrance to the building shall be required to use only the above-described secure entrances.
(G) The Sheriff is ordered to enforce these entrance terms, subject only to secured exceptions in emergency circumstances, as determined by the Sheriff or his or her staff on site.
(H) The Sheriff is further ordered and authorized to utilize all law enforcement powers granted to him or her, and his or her designated officers staffing the secure entrances to said building, to cause persons to walk through metal detectors, be subject to scanning for weapons or substances, to empty their pockets and have the contents thereof, as well as briefcases, purses, bags, wallets, packages and other containers (“containers”), subject to scanning and searching as a precondition to entrance into the building during all business hours.
(I) Any person refusing to subject himself or herself to these security entrances, the metal detector process, scanning and/or searching shall be refused entrance into the building.
(J) All searches of persons performed by the Sheriff shall be reasonable in all respects and shall utilize professional scanning devices and/or pat-down procedures that are appropriate in the circumstances.
(K) The term ORDINANCE VIOLATION shall mean any act or omission by any person that:
(1) Does not comply with directions of law enforcement officers operating the security system;
(2) Brings a weapon prohibited by this section into the building without valid authorization or legal permit or specific authorizing order of court;
(3) Interferes with a law enforcement officer operating the security system;
(4) Seeks to avoid requirements of this section in subjecting one’s person or containers to search and/or scanning authorized herein;
(5) Creates disruption to orderly operation of the security system by law enforcement officers or those called to assist law enforcement officers; or
(6) Possesses a weapon or substance upon entrance to the building or as discovered during application of the security system to any person.
(L) Upon discovery by the Sheriff, or his or her staff, of any weapon or substance in the building, by any person attempting to enter the building or by any person inside the building, such weapon or substance shall be seized immediately.
(M) Any weapons discovered or identified by the Sheriff and/or his or her staff at the secure entrances shall be seized and confiscated by the Sheriff, to be held by his or her offices until: proof of a valid permit is presented upon exit from the building; disposition is effected by his or her normal administrative procedures; or disposition is directed by order of court after all hearings are concluded.
(N) Any person violating the terms hereof may be charged with an ordinance violation, the civil prosecution of which shall be under the following terms:
(1) A written citation shall be issued and served upon such person, directing such person to appear in the Clark Superior Court No. 3 at a designated time and date (“court date”);
(2) On the court date, the Board, through an attorney authorized and designated by it for such purposes, shall be required to prove the ordinance violation by a preponderance of evidence for the court in a trial without a jury; and
(3) Upon proof of such ordinance violation, the court having jurisdiction of such civil hearing: shall enter judgment of violation against the person charged with the violation and shall administer and assess a fine of not less than $250, nor more than $500 per violation proven; assess court costs and attorney fees incurred by the county in the civil prosecution of violations of this section; and enter of orders of disposition of any weapons or substances seized during application of this section by the Sheriff as may be appropriate as determined by the court;
(O) Officeholders approved by the Board shall, for their benefit and for benefit of staff, be issued access key cards to be used after business hours in the building in order to conduct public business in their respective offices. Additionally, other staff persons approved by the Board shall be issued access key cards for such uses after business hours. The Sheriff and Building Authority Superintendent shall keep coordinated records of all such officeholders approved by the Board.
(P) Nothing contained herein may be construed to limit, in any way, the powers of the Sheriff and his or her authorized law enforcement officer deputies to perform all other functions of law enforcement, with respect to the criminal laws of this state, during all times of operation of the “security system” at the secure entrances described above or in any location in the building at any time.
(Q) The Sheriff is further directed to coordinate with the Building Authority Superintendent a record-keeping system, via monitoring security cameras, to be kept as records for purposes of this section, at all times (both during business hours and after) in the building.
(Ord. 7-2008, passed 9-18-2008)