(A) Purpose. The purpose of this section is to re-establish an Office of Courthouse Security and to establish and implement orderly, uniform and equitable policies related to the possession of weapons and the safety and security of employees and the general public who may work in or enter the Courthouse.
(B) Re-Establishment of Office of Courthouse Security. There is hereby established an Office of Courthouse Security ("Security Office”). The Security Office shall be under the direct administration and control of the Greene County Sheriff. The Sheriff shall be responsible for the hiring and discharge of such Courthouse Security Officers ("Security Personnel") as Sheriff, in consultation with the Board of Commissioners and the Greene County Council, shall determine are necessary to provide for the safety and security of persons and property within the Courthouse and Courthouse Grounds. All Security Personnel shall be deputized and have arrest powers.
(C) Duties of Sheriff. The Sheriff shall be generally responsible for the direct supervision of Security Personnel, for the establishment and implementation of standard policies and procedures with respect to the safety and protection of persons and property in the Courthouse and Courthouse Grounds, and for the establishment and implementation of such additional rules and regulations consistent with the provisions of this section.
(D) Consent to Search and Inspection of Property. All persons who enter the Courthouse, by their request to enter, consent to a search of their persons and the inspection of any package, briefcase, purse, or other container which the entering person carries or seeks to bring into the Courthouse.
(E) Definition of Weapon. As used in this section, WEAPON includes, but is not limited to any of the following:
(1) "Club" is given its ordinary meaning and shall include any object that can be used to inflict blunt trauma or threaten or cause injury to persons or property;
(2) "Deadly weapon" has the meaning as defined by I.C. 35-31.5-2-85;
(3) "Electric stun weapon" has the meaning as defined by I.C. 35-47-8-1;
(4) "Explosive" means any agent, chemical compound, substance or mechanical system tending to explode or capable of exploding, and shall include but not be limited to gunpowder and dynamite;
(5) "Firearm" has the meaning as defined by I.C. 35-47-1-5;
(6) "Knife" is given its ordinary meaning and shall include any sharp, pointed object that can be used to cut or puncture;
(7) "Stun gun" has the meaning as defined by I.C. 35-47-8-2;
(8) "Taser" has the meaning as defined by I.C. 35-47-8-3;
(9) Any other object that in the manner in which it is used, or could ordinarily be used, or is intended to be used, is readily capable of causing serious bodily injury as defined in I.C. 35-31.5-2-292, as determined by Security Personnel.
(F) Prohibition against Weapons. Except as provided in division (G) of this section, no person shall possess a weapon on or about his or her person or within any case, container or other object within the control of such person when such person is within the Courthouse. Any person refusing to comply with this section will be denied entrance into the Courthouse. This section shall be interpreted as consistent with I.C. 35-47-11.1(2),(3), and (4).
(G) Persons Exempt from the Possession of Weapons.
(1) The following persons are exempt from the prohibition with respect to weapons contained in this section:
(a) Law enforcement officers as defined in I.C. 35-31.5-2-185, who are in the Courthouse for official business;
(b) Indiana Department of Corrections Officers, Community Corrections officers, judges and probation officers who are in the Courthouse for official business and duly authorized to carry deadly weapons.
(2) The persons identified in this division as exempt shall not be exempt if such person or any member of such person's family is a party to any legal proceedings taking place in the Courthouse. Notwithstanding the above, no person shall possess a firearm inside a Courtroom or Court Chambers without the knowledge and approval of the presiding Judge.
(H) Prohibition of Alcohol and Controlled Substances. Except as hereinafter provided, no person shall possess alcohol or any controlled substances without a valid prescription on or about his or her person or within any case, container or other package within the control of such person when such person is within or seeks entry into the Courthouse. This division shall not prevent law enforcement officers, prosecutors, or other authorized persons from bringing prohibited items into the Courthouse when such items constitute evidence to be introduced in legal proceedings, or for some other legitimate purpose.
(I) Persons Subject to Search. Except as otherwise provided in division (J) of this section, no person shall enter the Courthouse unless such person shall first submit to such screening and/or search procedures as shall be directed by Security Personnel.
(J) Issuance of Photo Identification Badges.
(1) The following persons shall be issued photo identification badges at the expense of the County:
(a) Elected members of the Greene County Board of Commissioners and Greene County Council;
(b) Greene County judges and their staff;
(c) The Prosecuting Attorney and Deputy Prosecuting Attorneys of Greene County and their staff;
(d) The Chief Public Defender and staff of the Public Defender's Office, and attorneys under contract with the Greene County Public Defenders' Board;
(e) All elected or appointed county officials who have offices in the Greene County Courthouse and their employees;
(f) All elected or appointed officials of any county boards or commissions who have occasion to frequent the Courthouse; and
(g) Any other persons who because of the nature of their position or employment regularly frequent the Courthouse because of such position or employment.
(2) The Security Office shall maintain a list of all persons issued a county photo identification badge.
(K) Persons Exempted from Search. All persons issued county photo identification badges shall be exempted from search if such identification badge is visible at the time such person seeks entry into the Courthouse. If the identification badge is not visible, such person shall first submit to such screening and/or search procedures as shall be directed by Security Personnel.
(L) Removal of Disorderly or Disruptive Persons from the Courthouse and Courthouse Grounds. Any person who is intoxicated, disorderly, or who engages in disruptive, offensive, or violent behavior, or whose behavior gives rise to a reasonable suspicion that such person may be intoxicated, or engage in disorderly, offensive, or violent behavior, may be denied entry to, or removed from, the Courthouse and/or Courthouse Grounds by Security Personnel.
(M) Emergencies. In the event of an emergency, all persons in the Courthouse shall follow the directives of Security Personnel, including the directive to vacate the Courthouse.
(N) Enforcement of this section. The Sheriff is hereby authorized and directed to take all actions necessary and proper to obtain enforcement of this section and any such rules and regulations related thereto. Enforcement shall include the right of Security Personnel to take and retain physical possession of any weapons or other prohibited items in violation of this section until the owner of such weapons or prohibited items exits the Courthouse and/or Courthouse Grounds. Any person violating this section shall also be subject to having any weapons or prohibited item confiscated by Security Personnel.
(O) Applicability and Effective Date. This section shall become in full force and effect from and after its adoption by the Board of Commissioners and its publication in accordance with I.C. 36-2-4-8(b) and I.C. 5-3-1.
(P) Interpretation. This section shall not be interpreted to supersede, limit, or affect the rightful exercise of authority by the Sheriff of Greene County, Indiana, or law enforcement personnel under the authority of the Sheriff, in carrying out the statutory duties and functions of the Sheriff as an officer of the Greene County Circuit and Superior Courts.
(Ord. 2013-06, passed 7-2-2013) Penalty, see § 33.99