The URL can be used to link to this page

Home My WebLink About01 0227 23-T'1 v STATE OF WASHINGTON COUNTY OF JEFFERSON An rdinance Relating to Courthouse Security; Repealing and Replacing ORDINANCE NO. 01-0227-23 Resolution No. 78-99 WHEREAS, the Washington Constitution, Article XI, Section 11, confers upon county legislative authorities the police power to adopt regulations necessary to protect the health, safety, and well-being of its residents; and, WHEREAS, RCW 36.32.120(7) provides that the county legislative authorities shall make and enforce, by appropriate resolutions or ordinances, all such police and sanitary regulations as are not in conflict with state law; and, WHEREAS, RCW 9.41.290 provides that the State of Washington fully occupies and preempts the entire field of firearms regulations within its boundaries, and counties may only enact ordinances as expressly authorized by RCW 9.41.300; and, WHEREAS, RCW 9.41.300(1)(b) states: It is unlawful for any person to enter the following places when he or she knowingly possesses or knowingly has under his or her control a weapon: (b) Those areas in any building which are used in connection with court proceedings, including courtrooms, jury rooms, judge's chambers, offices and areas used to conduct court business, waiting areas, and corridors adjacent to areas used in connection with court proceedings. The restricted areas do not include common areas of ingress and egress to the building that is used in connection with court proceedings, when it is possible to protect court areas without restricting ingress and egress to the building. The restricted areas shall be the minimum necessary to fulfill the objective of this subsection (1)(b) ... ; and, WHEREAS, the Washington Supreme Court issued General Rule 36, which states: "A safe courthouse environment is fundamental to the administration of justice. Employees, case participants, and members of the public should expect safe and secure courthouses. This rule is intended to encourage incident reporting and well -coordinated efforts to provide basic security and safety measures in Washington courts;" and, WHEREAS, General Rule 36(g)(2) states, "Uniformed security personnel shall perform weapons screening at all public entrances [of courthouses], using, as a minimum, metal -detector wand screening and physical examination of bags, briefcases, packages, etc.;" and, WHEREAS, the Jefferson County Courthouse was built in 1892 and is a historic landmark, which limits the ability of Jefferson County to modify the building for any purpose, including security; and, WHEREAS, due to the historic nature of the Jefferson County Courthouse there is lack of sufficient office, courthouse and meeting space for all county activity housed in the building; and, WHEREAS, meeting spaces and other common rooms on the first three floors of the Jefferson County Courthouse are regularly used for court proceedings or the conduct of court; and, WHEREAS, in the Jefferson County Courthouse, it is not possible to protect court areas without restricting ingress and egress to the building; and, WHEREAS, the restricted areas are the minimum necessary to fulfill the objective of RCW 9.41.300(1)(b); and, WHEREAS, pursuant to RCW 9.41.300(1)(b), Jefferson County is authorized by state law to provide a stationary locked box sufficient in size for pistols and a key to a weapon owner for weapon storage during the owner's visit to restricted areas of the Jefferson County Courthouse; and, WHEREAS, local governments have considerable latitude in exercising police powers, through enacting reasonable regulations. A regulation is reasonable if it promotes public safety, health, or welfare, and bears a reasonable and substantial relation to accomplishing the purpose being pursued; and, WHEREAS, Jefferson County has a responsibility to its tax payers and citizens to assure the safety and security of County employees and the public who come to the Jefferson County Courthouse to transact business; and, WHEREAS, pursuant to RCW 36.28.010(2), the Jefferson County Sheriff and their deputies shall defend Jefferson County against those who, by riot or otherwise, endanger the public peace or safety; and, WHEREAS, pursuant to RCW 36.28.010(5), the Jefferson County Sheriff and their deputies shall attend the sessions of the courts of record held within the county, and obey their lawful orders or directions; and, WHEREAS, pursuant to RCW 36.28.010(6), the Jefferson County Sheriff and their deputies shall attend, keep and preserve the peace in their respective counties, and quiet and suppress all affrays, riots, unlawful assemblies and insurrections; and, WHEREAS, on September 19, 1999 the Jefferson County Board of County Commissioners adopted Resolution No. 78-99, the topic of which was "In the matter of a Prohibition Against Weapons in the Jefferson County Courthouse;" and, WHEREAS, Resolution No. 78-99 needs to be updated to reflect current circumstance; and, NOW, THEREFORE, BE IT ORDAINED as follows: Section 1. Whereas Clauses are Findings of Fact: The Whereas clauses above are findings of fact for this ordinance. Section 2. Definitions: The following definitions shall apply in the interpretation and enforcement of the ordinance codified in this article: (1) "Armed forces" means the armed forces of the United States or of the National Guard or organized reserves. (2) "Courthouse" means the Jefferson County Courthouse, located at 1820 Jefferson Street, Port Townsend, Washington 98368. (3) "Dangerous weapon" means: (a) Any device commonly known as "nun-chu-ka sticks," consisting of two or more lengths of wood, metal, plastic, or similar substance connected with wire, rope, or other means; (b) Any device, commonly known as "throwing stars," which are multipointed, metal objects designed to embed upon impact from any aspect; (c) Any air gun, including any air pistol or air rifle, designed to propel a BB, pellet, or other projectile by the discharge of compressed air, carbon dioxide, or other gas; or (d) Any portable device manufactured to function as a weapon and which is commonly known as a stun gun, including a projectile stun gun which projects wired probes that are attached to the device that emits an electrical charge designed to administer to a person or an animal an electric shock, charge, or impulse; and, (e) Any device, object, or instrument which is used or intended to be used as a weapon with the intent to injure a person by an electric shock, charge, or impulse. (4) "Firearm" means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder. The definition of "firearm" includes the terms "pistol," "rifle," "short -barreled rifle," "shotgun," "short -barreled shotgun," "machine gun," and "antique firearm" as those terms are defined in RCW 9.41.010, as it currently exists or may be amended. (5) "Law enforcement officer" means "federal peace officer" as defined in RCW 10.93.20(6), "general authority Washington peace officer" as defined in RCW 10.93.20(3), "law enforcement" officer as defined in RCW 9.41.01002), "peace officer" as defined in RCW 43.101.01001), "limited authority Washington peace officer" as defined in RCW 10.93.20(4), "qualified law enforcement officer" as defined in 18 U.S.C. Section 928B(c) and, "specially commissioned Washington peace officer" as defined in RCW 10.93.20(5). For the avoidance of doubt, "law enforcement officer" includes federal, tribal, state, and local members of law enforcement organizations certified by their jurisdiction to enforce the laws of that jurisdiction (including corrections personnel, probation officers, parole officers, etc.). (6) "Picture ID" means a valid identification card issued by a government entity, with a photograph of the person presenting it to a person conducting security screening at the courthouse. (7) "Sheriff' means the Jefferson County Sheriff or their designee, and includes without limitation all Sheriff's Deputies. (8) "Wanding" means using a hand held metal detector wand, or security wand to search for concealed weapons. (9) "Weapon" shall have the same meaning as in RCW 9.41.300(1)(b), as it currently exists or may be amended. The current definition of "weapon" in RCW 9.41.300(1)(b) is "`Weapon' means any firearm, explosive as defined in RCW 70.74.010, or any weapon of the kind usually known as slingshot, sand club, or metal knuckles, or any knife, dagger, dirk, or other similar weapon that is capable of causing death or bodily injury and is commonly used with the intent to cause death or bodily injury." In addition, "weapon" also includes "dangerous weapon" and "firearm," as defined in this ordinance. Section 3. Weapons Prohibited in the Jefferson County Courthouse. Weapons are prohibited within the interior of the entire courthouse building with the following exceptions: (1) Sheriff's deputies whether on or off duty may carry their issued service weapon; (2) Other law enforcement officers whether on or off duty may carry their issued service weapon. (3) On duty armed forces personnel entering the Courthouse pursuant to their official duties may carry their issued service weapon. Section 4. Courthouse Security. The Sheriff shall provide security to the courthouse at all times that the courthouse is open to the public. The sheriff also shall provide security to all sessions of court, including but not limited to Juvenile Court. Section 5. Security Screening Required. (1) All Persons Subject to Security Screening. All persons entering the courthouse will be subject to security screening by the sheriff to ensure compliance with this ordinance, except as authorized in subsection (3). Any person not consenting to such a search shall be refused entry into the courthouse. (2) Security Screening Required. Security screening shall include, but is not limited to: (a) Electronic screening for the detection of metals; (b) Inspection of all packages, purses, backpacks, briefcases or any other containers capable of concealing a weapon that is being brought into the courthouse; (c) Wanding of all persons coming into the courthouse to ensure that they are not bringing concealed weapons into the courthouse; and, (d) Confiscation of any weapon found and deemed by the sheriff to be potentially dangerous. 4 (3) Exceptions to Security Screening. Exceptions to the requirements in subsections (1) and (2) shall include: (a) Employees or volunteers of Jefferson County, who present or wear a valid county - issued picture ID; (b) Judges (including court commissioners, pro tem judges, and visiting judges), who present or wear a valid county -issued picture ID; (c) On -duty law enforcement officers, who are in uniform or who present a valid, department -issued picture ID proving their commission; (d) On -duty first responders (such as firefighters and ambulance crews), who are in uniform; (e) On -duty armed forces personnel who are coming to court pursuant to their official duties, who present their valid military picture ID and orders showing they are on official duties; (f) Licensed attorneys who present a valid bar card proving admission to the State Bar of Washington, along with a matching picture ID issued by a government agency (driver's license, passport, etc.); (g) Inmates in the custody of Jefferson County jail staff or Washington Department of Corrections staff; and, (h) Juveniles who are in the custody of a juvenile probation officer. Section 6. Codification. This ordinance shall be codified as Chapter 8.100 of the Jefferson County Code. Section 7. Repeal and Replacement of Resolution No. 78-99: Resolution No. 78-99 is hereby repealed and replaced with this ordinance. Section 8. SEPA Compliance. This ordinance is categorically exempt from the State Environmental Policy Act under WAC 197-11-800(19). Section 9. Effective Date: This ordinance shall take effect immediately upon adoption. (SIGNATURES FOLLOW ON NEXT PAGE) ADOPTED this 27th day of February 2023, at 11:12 a.m. P � SEAL: ATTEST: a w -7C 12,-71Z- tf—arolyrWallaway, 1)4 Clerk of the Board 11 JEFFERSON COUNTY BOARD 04 CO ISSIONERS g WroTherton, Chair APPROVED AS TO FORM: 0. C. J� February 27, 2023 Philip C. Hunsucker, Date Chief Civil Deputy Prosecuting Attorney C'l JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Mark McCauley, County Administrator FROM: Joe Nole, Jefferson County Sheriff Jen Moore, Deputy Sheriff DATE: February 27, 2023 SUBJECT: DELIBERATIONS re: ORDINANCE NO. _ re. Courthouse Security Standards and Requirements with Respect to Jefferson County Courthouse Security. STATEMENT OF ISSUE: There is a need to adopt standards and requirements with respect to Jefferson County Courthouse security. On September 12, 2022, the Board of County Commissioners (BoCC) held a workshop and public comment period on courthouse security. On September 12, 2022, the BoCC determined that courthouse security should be administered through the Sheriff's Office. After the BoCC session on September 12, 2022, Staff prepared a draft ordinance on Courthouse Security Standards and Requirements with Respect to Jefferson County Courthouse Security (Draft Ordinance) and the BoCC published a hearing notice with a deadline for written public comments. On February 21, 2023, the BoCC held a hearing on this matter and listened to oral testimony. Written testimony on this issue was extended through February 24, 2023 at 4:30 p.m. The BoCC deliberated on the Draft Ordinance and determined that deliberations should be continued to February 27, 2023. FISCAL IMPACT/COST-BENEFIT ANALYSIS: There are no expected fiscal impacts from consideration of this ordinance. RECOMMENDATION: Continue deliberations regarding the Draft Ordinance, review written testimony received, and take action to approve the Draft Ordinance. REVIE49BY z &WZ 4-1-&- � Mark McCauley, unty Administrator Date STATE OF WASHINGTON COUNTY OF JEFFERSON An Ordinance Relating to Courthouse Security; Repealing and Replacing ORDINANCE NO. Resolution No. 78-99 WHEREAS, the Washington Constitution, Article XI, Section 11, confers upon county legislative authorities the police power to adopt regulations necessary to protect the health, safety, and well-being of its residents; and, WHEREAS, RCW 36.32.120(7 provides that the county legislative authorities shall make and enforce, by appropriate resolutions or ordinances, all such police and sanitary regulations as are not in conflict with state law; and, WHEREAS, RCW 9.41.290 provides that the State of Washington fully occupies and preempts the entire field of firearms regulations within its boundaries, and counties may only enact ordinances as expressly authorized by RCW 9.41.300; and, WHEREAS, RCW 9.41.3000)(b) states: It is unlawful for any person to enter the following places when he or she knowingly possesses or knowingly has under his or her control a weapon: (b) Those areas in any building which are used in connection with court proceedings, including courtrooms, jury rooms, judge's chambers, offices and areas used to conduct court business, waiting areas, and corridors adjacent to areas used in connection with court proceedings. The restricted areas do not include common areas of ingress and egress to the building that is used in connection with court proceedings, when it is possible to protect court areas without restricting ingress and egress to the building. The restricted areas shall be the minimum necessary to fulfill the objective of this subsection (1)(b) ...; and, WHEREAS, the Washington Supreme Court issued General Rule 36, which states: "A safe courthouse environment is fundamental to the administration of justice. Employees, case participants, and members of the public should expect safe and secure courthouses. This rule is intended to encourage incident reporting and well -coordinated efforts to provide basic security and safety measures in Washington courts;" and, WHEREAS, General Rule 36( )g (2) states, "Uniformed security personnel shall perform weapons screening at all public entrances [of courthouses], using, as a minimum, metal -detector wand screening and physical examination of bags, briefcases, packages, etc.;" and, WHEREAS, the Jefferson County Courthouse was built in 1892 and is a historic landmark, which limits the ability of Jefferson County to modify the building for any purpose, including security; and, WHEREAS, due to the historic nature of the Jefferson County Courthouse there is lack of sufficient office, courthouse and meeting space for all county activity housed in the building; and, WHEREAS, meeting spaces and other common rooms on the first three floors of the Jefferson County Courthouse are regularly used for court proceedings or the conduct of court; and, WHEREAS, in the Jefferson County Courthouse, it is not possible to protect court areas without restricting ingress and egress to the building; and, WHEREAS, the restricted areas are the minimum necessary to fulfill the objective of RCW 9.41.300(1)(h); and, WHEREAS, pursuant to RCW 9.41.301)(I)(h), Jefferson County is authorized by state law to provide a stationary locked box sufficient in size for pistols and a key to a weapon owner for weapon storage during the owner's visit to restricted areas of the Jefferson County Courthouse; and, WHEREAS, local governments have considerable latitude in exercising police powers, through enacting reasonable regulations. A regulation is reasonable if it promotes public safety, health, or welfare, and bears a reasonable and substantial relation to accomplishing the purpose being pursued; and, WHEREAS, Jefferson County has a responsibility to its tax payers and citizens to assure the safety and security of County employees and the public who come to the County Courthouse to transact business; and, WHEREAS, pursuant to RCW 36 28,010(2), the Jefferson County Sheriff and their deputies shall defend Jefferson County against those who, by riot or otherwise, endanger the public peace or safety; and, WHEREAS, pursuant to RCW 36.28.010(5), the Jefferson County Sheriff and their deputies shall attend the sessions of the courts of record held within the county, and obey their lawful orders or directions; and, WHEREAS, pursuant to RCW 3 28.010(()), the Jefferson County Sheriff and their deputies shall attend, keep and preserve the peace in their respective counties, and quiet and suppress all affrays, riots, unlawful assemblies and insurrections; and, WHEREAS, on September 19, 1999 the Jefferson County Board of County Commissioners adopted Resolution No. 78-99, the topic of which was "In the matter of a Prohibition Against Weapons in the Jefferson County Courthouse;" and, WHEREAS, Resolution No. 78-99 needs to be updated to reflect current circumstance; Formatted: Font: Not sold and, NOW, THEREFORE, BE IT ORDAINED as follows: Section 1. Whereas Clauses are Findings of Fact: The Whereas clauses above are findings of fact for this ordinance. Section 2. Definitions: The following definitions shall apply in the interpretation and enforcement of the ordinance codified in this article: (1) '�Armed forces"' means the armed forces of the United States or of the National Guard or orpanized reserves, (2) "Courthouse" means the Jefferson County Courthouse, located at 1820 Jefferson Street, Port Townsend, Washington 98368. (3) "Dangerous weapon" means: (a) Any device commonly known as "nun-chu-ka sticks," consisting of two or more lengths of wood, metal, plastic, or similar substance connected with wire, rope, or other means; (b) Any device, commonly known as "throwing stars," which are multipointed, metal objects designed to embed upon impact from any aspect; (c) Any air gun, including any air pistol or air rifle, designed to propel a BB, pellet, or other projectile by the discharge of compressed air, carbon dioxide, or other gas; or (d) Any portable device manufactured to function as a weapon and which is commonly known as a stun gun, including a projectile stun gun which projects wired probes that are attached to the device that emits an electrical charge designed to administer to a person or an animal an electric shock, charge, or impulse; and, (e) Any device, object, or instrument which is used or intended to be used as a weapon with the intent to injure a person by an electric shock, charge, or impulse. (4) "Firearm" means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder. The definition of "firearm" includes the terms "pistol," "rifle," "short -barreled rifle," "shotgun," "short -barreled shotgun," "machine gun," and "antique firearm" as those terns are defined in RCW 9.4 1A10, as it currently exists or may be amended. (5) '1Law enforcement offceq means "federal peace officer" as defined in RCW 10.93.20(6), "general authority Washington peace officer" as defined in RCW 10.93.20(3), "law enforcement" officer as defined in RCW 9.41.010(12), "peace officer" as defined in RCW 43.101 01001), "limited authority Washington peace officer" as defined in RCW 10.93.20(4l, :'qualified law enforcement officer" as defined in 18 U.S.C. Section 92813(c) and, "specially commissioned Washington peace officer" as defined in RCW 10.93.20(5). For the avoidance of doubt, "law enforcement officer" includes federal tribal state, and local members of law enforcement organizations certified by their jurisdiction to enforce the laws of that jurisdiction (including corrections personnel, probation officers, parole officers, etc.). Commented [pchl ]:This definition is based onJCC "Armed farces" mcsns the armed forces ofthe United St*o _or of the National. Guard or organized reserves. 71 Commented [pch2]: This definition is based on JCC 8,10 2O(27,: "Law enforcement officer' means "federal peace officer" as defined in RCW (6), "general authority Washington peace officer" as defined in RCW �(3), "law enforcement officer" as defined in RCW ' 1(�(13), "peace officer" as defined in RCW .(11). "limited authority Washington peace officer" as defined in RCW ` (4), "qualified law enforcement officer' as defined in "', U.S.C. Section 13(c) and "specially commissioned Washington peace officer" as defined in RCW ' (5). For the avoidance of doubt, `law enforcement officer" includes federal, tribal, state, and local members of law enforcement organizations certified by their jurisdiction to enforce the laws of that jurisdiction. (6) "Picture ID" means a valid identification card issued by a government entity, with a photograph of the person presenting it to a person conducting security screening at the courthouse. (7) "Sheriff' means the Jefferson County Sheriff or their designee, and includes without limitation all Sheriffs Deputies. (8) "Wanding" means using a hand held metal detector wand, or security wand to search for concealed weapons. (9) "Weapon" shall have the same meaning as in RCW 9.41.300(i)(b), as it currently exists or may be amended. The current definition of `weapon' in RCW 9.41.300(l)(b) is `Weapon' means any firearm, explosive as defined in RCW 70.74.010, or any weapon of the kind usually known as slingshot, sand club, or metal knuckles, or any knife, dagger, dirk, or other similar weapon that is capable of causing death or bodily injury and is commonly used with the intent to cause death or bodily injury." In addition, "weapon" also includes "dangerous weapon" and "firearm," as defined in this ordinance. Section 3. Weapons Prohibited in the Jefferson County Courthouse. Weapons are prohibited within the interior of the entire courthouse building with the following exceptions: _ _ Deleteck . (1) Sheriffs deputies whether on or off duty may carry their issued service weapon: (2) Other law enforcement officers whether on or off duty mayaM their issued service weapon. (3) On dutyarmed forces persotmel entering the Courthouse pursuant to their official duties - Deleterk milit y may carry their issued service weapon. Section 4. Courthouse Security. The Sheriff shall provide security to the courthouse at all times that the courthouse is open to the public. The sheriff also shall provide security to all sessions of court, including but not limited to Juvenile Court. Section 5. Security Screening Required. (1) All Persons Subject to Security Screening. All persons entering the courthouse will be subject to security screening by the sheriff to ensure compliance with this Ordinance, except as authorized in subsection (3).. Any person not consenting to such a search shall be refused entry into the courthouse. (2) Security Screening_&gquired. Security screening shall include, but is not limited to: (a) Electronic screening for the detection of metals; bib) Inspection of all packages, purses, backpacks, briefcases or any other containers capable of concealing a weapon that is being brought into the courthouse; (c) Wanding of all persons coming into the courthouse to ensure that they are not bringing concealed weapons into the courthouse; and, (d) Confiscation of any weapon found and deemed by the sheriff to be potentially dangerous. (3) Exceptions to Security Screening. Exceptions to the requirements in subsections (1) and (2) shall include: (a) Employees or volunteers of Jefferson County, who present or wear a valid county - issued picture ID; (b) Judges (including court commissioners, pro tern judges, and visiting judges), who present or wear a valid county -issued picture ID; (c) On -duty law enforcement officers who are in uniform or who present a valid, department -issued picture ID proving their commission); (d) On-, utyfirst responders (such as firefighters and ambulance crews), who are in uniform; (e) On }iutvarmed forces personnel who are coming to court pursuant to their official duties, who present their valid military picture ID and orders showing they are on official duties; (f) Off -duty aw nforcementQfficers who present a valid, department -issued picture ID proving their commission; (g) Licensed attorneys who present a valid bar card proving admission to the State Bar of Washington, along with a matching picture ID issued by a government agency (driver's license, passport, etc.); (h) Inmates in the custody of Jefferson County jail staff or Washington Department of Corrections staff; and, (i) Juveniles who are in the custody of a juvenile probation officer. Section 6. Codification. This Ordinance shall be codified as Chapter 8.100 of the Jefferson County Code. Section -, Repeal and Replacement of Resolution No. 78-99: Resolution No. 78-99 is hereby repealed and replaced with this Ordinance. Section & SEPA Compliance. This resolution is__ categorically exempt from the State Environmental Policy Act under WAC 197-11-80009). Section 9- Effective Date: This Ordinance shall take effect immediately upon adoption. (SIGNATURES FOLLOW ON NEXT PAGE) 5 Deleted: (including corrections personnel, probation officers, parole officers, etc.) Deleted: Duty Deleted: First Deleted: Responders Deleted: Duty Deleted: Military Deleted: Duty Deleted: Law Deleted: Enforcement Deleted: Officers {Deleted: 6 Deleted-1 Deleted: 8 ADOPTED this day of SEAL: ATTEST: Carolyn Gallaway, Date Clerk of the Board 2023, at _ _ a.m. JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS Greg Brotherton, Chair Kate Dean, Member Heidi Eisenhour, Member APPROVED AS TO FORM: Philip C. Hunsucker, Date Chief Civil Deputy Prosecuting Attorney