Council puts ordinance relating to concealed weapons on hold

Wednesday, October 13, 2004

By Ralph Pokorny

Nevada Daily Mail

Nevada police officers will have to wait until at least Nov. 16 before they can arrest people who violate the state's concealed weapons law.

Tuesday night, after Charles Johnson raised a number of objections, the city council postponed the second reading of an ordinance to bring the city's codes into agreement with the state's new law allowing permits to carry concealed weapons, until its Nov. 16 meeting.

"We tried to bring the city code up to date and still keep the right to prosecute people with a concealed weapon without a permit," Nevada Police Chief Christine Keim said.

Johnson told the council that he felt that the proposed ordinance is inconsistent with laws enacted in other towns.

Among his concerns is a requirement for persons with concealed weapons permits to show their weapon to a police office on request and to allow a police officer to inspect the gun to see if it is loaded.

"Will the police make the same request of people without the notice on their driver's license?" he asked, adding that he thought that it seemed like profiling to him.

Mayor Tim Moore said that he had several people contact him with concerns about the ordinance.

Bill McCaffree, city attorney, said that driver's licenses for people with concealed weapons permits have a notice that the person has a concealed weapons permit so law enforcement officers will have that information when they check a driver's license.

McCaffree suggested he and the city's prosecuting attorney meet with Johnson and discuss his concerns before the council acts on the proposal.

Most of the provisions in this ordinance are lifted directly from the state statute, McCaffree said.

"The intent was to mirror what the state statute says," McCaffree said.

In other business the council:

* Passed on first reading a special ordinance approving the sale of the Ozark Building by Cypress Grove Apartment to Ash Place Historic Developers, L.P., Kansas City. The transfer of ownership to a "new single asset limited partnership and general partner" is necessary to facilitate the application for historic state and federal historic tax credits.

* Adopted Resolution No. 1100 approving payments of 2004 tourism grants allocated by the IMPACT Nevada Tourism Board. The grants go to Nevada Eagles Bi-State Convention, $2,000; Knit Out, Crochet Too, $530; Vernon County Extension Council-Heart of America Sheep Show, $3,350; Griffons annual NBC Qualifier tournament, $1,900. The resolution also approved paying a $5,000 partner allocation to Champion Diamonds, for tournament sanction fees.

* Passed on first reading a special ordinance approving development agreement with Bill and Janet Erwin, for a development they plan to build on south Spring Street. The proposed development is outside the city limits; however, the Erwins have requested that the property, which is across Spring Street from property that is in the city limits, be annexed into the city.

* Passed on first reading a special ordinance approving a contract hiring Schumaker Center for Employment Law as the Personnel Hearing Officer for the city of Nevada. The cost of the contract is not to exceed $3,000 without council approval.

* Adopted Resolution No. 1101 approving an estimated $450 in travel expenses for Sam Foursha to attend the International Business conference in St. Louis on Nov. 12.

Gave final approval to an ordinance starting the process of establishing a Neighborhood Improvement District for the Ashland Estates Plat 1.

* Passed on second reading a special ordinance to extend the city's sewer mains to the Ashland Estates development through the city's sewer assistance program. If the developer, Dean Stutesman, fulfills the conditions of the development agreement with the city for the project the city will forgive the estimated $66,178 construction cost. If Stutesman does not fulfill the conditions of the development agreement the city will assess the construction cost in 21 equal shares of $3,151.34 on the lots in the development.

* Passed on second reading a special ordinance ordering assessments to be made against the lots in Ashland Estates and to prepare an assessment roll for the Ashland Estates development as well as to hold a public hearing on the project.

* Passed on second reading a general ordinance rescinding Ordinance Number 6248, which was passed on Sept. 7, to make some minor changes in an ordinance that brings the city's wastewater sewer ordinances in line with state requirements.

* Passed on second reading a general ordinance to replace Ordinance Number 6248 to make corrections in the numbering of sections of the bill. The ordinance also amends the surcharge for wastewater permitted industries to allow an administrative fee of $100 when biochemical oxygen demand and total suspended solids limits are exceeded and sets the fee for sewer connections outside the city limits at $200 plus materials. The charge inside the city limits will remain at $100 plus materials.

* Gave final approval to an ordinance setting the date for the 2005 city elections as April 5 for the general election and if more than four people file for the two open council seats, sets March 8 as the date for a primary election.

People wanting to run for city council can file with the city clerk starting at 8 a.m., Nov. 11 and ends at 5 p.m. Dec. 21.

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