(a) The City of Clarksburg hereby prohibits that brandishing of deadly weapons in a way or manner to cause, or threaten, a breach of the peace on public property and property owned by the City of Clarksburg.
(b) A breach of the peace includes all violations of the order or decorum, such as to make an affray; threaten to beat, wound or kill another, or commit violence against the person or property; contend with angry words to the disturbance of the peace; appear in a state of gross intoxication in a public place; recklessly flourish a loaded pistol in a public place while intoxicated; and the like.
(c) This prohibition shall not apply to the following persons:
(1) Officers and enlisted personnel of the armed forces of the United States when in discharge of their official duties as such and acting under orders requiring them to carry arms and weapons;
(2) Civil officers of the United States while in the discharge of their official duties;
(3) Officers and soldiers of the militia and the national guard when called into actual service;
(4) Officers of the State, or of any county, city, or town, charged with the execution of the laws of the State, when acting in the discharge of their official duties;
(5) Sheriff deputies and Court officials while in the discharge of their official duties, and persons when producing or displaying arms or other deadly weapons as evidence in an official court proceeding;
(6) An individual acting in self-defense in reasonable apprehension of imminent bodily harm; or
(7) “Armed private security officers” while acting in the performance of their duties, as may be allowed by the laws of the State of West Virginia.
(d) The violation of any of the provisions of this Ordinance shall be a misdemeanor and may be punishable by a fine of not more than five hundred dollars ($500.00) or imprisonment for not more than thirty (30) days.
(Ord. 19-12. Passed 10-17-19.)