Sec. 11-16. Weapons prohibited on city property.
   (a)   Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section:
   (1)   City recreational facility shall mean the following properties, including all buildings, parking lots, internal driveways and walkways and any other improvements associated with the listed properties, but excluding areas within the state or city public rights of way:
   a.   The Community Building Park, on North Main Street, including playground, basketball court, tennis court, splash pad and all other athletic facilities.
   b.   The West Marion Community Park, on Addie's Chapel Drive, including playground and basketball court.
   c.   The Cross Mill Community Park, on Granby Street, including playground, basketball court, volleyball court and disc golf course.
   d.   The Eastfield Community Park, on Perry Street, including playground and basketball court.
   e.   The Clinchfield Community Park, on Hill Street, including playground and basketball court.
   (2)   City building or public property shall mean the following properties including all buildings, parking lots, internal driveways and walkways and any other improvements associated with the listed properties, but excluding areas within the state or city public rights of way.
   a.   City Hall, on North Main Street
   b.   Community Building, on North Main Street
   c.   Historic Depot, on Depot Street
   d.   Police Department, on South Main Street
   e.   Fire Department, on West Court Street
   f.   Public Works Department/City Warehouse, on Shop Drive
   g.   City Firing Range, on Old Greenlee Road
   h.   Water Plant, on Old Greenlee Road
   i.   Wastewater Treatment Plant, on NC Highway 226 South
   j.   Marion ABC Store #1, on East Court Street
   k.   Marion ABC Store #2, on US 221 North
   l.   Buck Creek Water Intake, on US 70 West
   m.   Historic Marion Tailgate Shelter, on West Henderson Street
   (b)   Concealed weapons. As allowed by G.S. 14-415.23, the city prohibits the carrying of concealed handguns as follows:
   (1)   It is prohibited, and not within the scope of any concealed handgun permit, for any person to possess or carry a concealed handgun in or upon any city building and appurtenant premises as specifically described herein above.
   (2)   It is prohibited for any person to possess or carry a concealed handgun in or upon an City Recreational Facility as specifically described herein above, except for legally carried concealed handguns, which are permitted under State law (presently G.S. § 14-415.23).
   (3)   State law (presently G.S. 14-269(b)) provides that certain persons are not subject to the prohibition against carrying concealed weapons. Such persons are also exempt from the prohibitions in this subsection.
   (4)   State law (presently G.S. 14-415.23) provides that, notwithstanding local ordinances forbidding concealed handguns on recreational facilities, handgun permittees are allowed to secure a handgun "in a locked vehicle within the trunk, glove box, or other enclosed compartment or area within or on the motor vehicle." Therefore, handguns stored in such areas shall not be in violation of this section.
   (5)   A conspicuous notice shall be posted at each entrance to any property set forth in subsection (a)(1) or (a)(2), indicating that carrying a concealed weapon or possession of a weapon, unless expressly allowed by state law, is prohibited therein, as well as on the premises thereof. Signs on buildings shall be visibly posted on the exterior of each entrance by which the general public can access the building. The city manager or his designee shall exercise discretion in determining the number and appropriate location of signs to be placed on or within appurtenant premises and parks.
   (c)   Open weapons on city recreational facilities, in city buildings and on city public property. As allowed by G.S. 160A-189, it shall be unlawful for any person to display weapons (unconcealed) on any city recreational facilities as defined herein above, in any city building as defined herein above, on any city public property as defined herein above, on any other city owned or controlled property or on any street, alley, right-of-way or sidewalk owned or controlled by the city. As used in this section, '"weapon" shall mean a rifle, pistol, shotgun, bowie knife, dirk, dagger, sling shot, loaded cane, metallic knuckles, razor, shurikin, stun gun, or other dangerous or deadly item of like kind. 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)   Sworn law enforcement officers.
   (d)   Seizure of weapons. The chief of police or any member of the police department is hereby authorized to seize and hold any firearm or mechanism involved in a violation of this section, and to hold such property, subject to release only upon an order of a court of appropriate jurisdiction.
   (e)   Punishment. Any person who violates any provision of this section shall be guilty of a misdemeanor and shall be punished in accordance with chapter 1 of the Marion City Code.
   (f)   Exception. Notwithstanding any other provision of this section, the chief of police may, in his discretion, issue a permit authorizing the display and discharge of certain weapons in connection with organized training and certification programs, or competitions conducted by bona fide civic groups or entities. All such permits must be in writing, with such terms and conditions as the chief of police may require, provided that all permits must contain provisions that clearly absolve and release the city from any and all liability related to the event.
(Ord. No. O-11-11-01-1, § 2, 11-1-11; Ord. No. O-13-11-19-2, § 2, 11-19-13)
   State Law References: Statewide uniformity of local regulation, G.S. 14-409.40; permit to carry concealed handgun; scope of permit, G.S. 14-415.11; statewide uniformity, G.S. 14-415.23; firearms, G.S. 160A-189; pellet guns, G.S. 160A-190; carrying concealed weapons, G.S. 14-269.