Firearm Discharge (2)

HOME RULE RESOLUTION NO. H.R. 2007 - ____

A Resolution Placing Limitations On The Discharge Of

Firearms Within The Boundaries Of Clarhan Farms Subdivisions

Sponsored By Commissioner Buhler

WHEREAS, The Board of County Commissioners of the County of Shawnee, Kansas, finds that the public health, safety, morals, and general welfare of the public are of paramount concern; and

WHEREAS, The Board of County Commissioners of the County of Shawnee, Kansas, finds that the exercise of the police power is appropriate when the above concerns are implicated; and

WHEREAS, public safety concerns have been raised regarding the discharge of firearms within Clarhan Farms Subdivisions; and

WHEREAS, Home Rule Resolution No. H.R. 2007-4 provides that upon receipt of a petition certified by the Shawnee County Clerk as having been signed by at least sixty percent (60%) of the real property owners in Clarhan Farms Subdivisions, the Board of Shawnee County Commissioners shall conduct a public hearing to determine if firearms restrictions should be enforced within the boundaries of said platted subdivisions; and

WHEREAS, a petition meeting the requirements of Home Rule Resolution No. H.R. 2007-4 has been certified by the Shawnee County Clerk and approved for legality and form by the Shawnee County Counselor’s Office; and

WHEREAS, the notice requirements of Home Rule Resolution No. H.R. 2007-4 have been satisfied;

NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Shawnee, Kansas, sitting in regular session on this ______ day of _____________, 2007, and intending to exercise its powers of home rule legislation pursuant to K.S.A. 19-101a, does hereby resolve as follows:

For the purposes of this resolution, the term “Clarhan Farms Subdivisions” shall mean “Clarhan Farms Subdivision, Clarhan Farms Subdivision No. 2, and Clarhan Farm Subdivision No. 3” all located in Shawnee County, Kansas and legally described as:

The Southwest quarter of Section 14, Township 12 South, Range 14 East of the 6^th P.M.

The term “firearm” means any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive; or the frame or receiver of any such weapon. See 18 U.S.C.A. § 921 et seq.

Except for purposes of self-defense, no firearm may be discharged in Clarhan Farms Subdivisions.

If any person is convicted of any violation of this Resolution, the following fines and penalties shall be imposed:

For the first violation, a fine in the amount of One Hundred and No/100 Dollars ($100.00);
For the second violation, a fine in the amount of Two Hundred Fifty and No/100 Dollars ($250.00); and
For the third or any subsequent violation, a fine in the amount of One Thousand and No/100 Dollars ($1,000.00).

Upon annexation by any City, the firearms restrictions herein shall become void, and the subdivisions shall be subject to all laws and jurisdiction of the annexing City.

Should any court declare any section, clause, or provision of this Resolution to be unconstitutional, such decision shall affect only such section, clause, or provision so declared unconstitutional and shall not affect any other section, clause, or provision of this Resolution.

This Resolution shall become effective upon publication in the official County newspaper.

BOARD OF COUNTY COMMISSIONERS

SHAWNEE COUNTY, KANSAS

_____________________________________

Theodore D. Ensley, Chair

_____________________________________

Michele A. Buhler, Vice-Chair

_____________________________________

Vic Miller, Member

ATTEST:

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Cynthia A. Beck, Shawnee County Clerk