No. 29728 (Repeal): R698-100. Possession of Firearms, Ammunition, Dangerous Weapons, Explosives, Chemical and Incendiary Devices in Olympic venue Secure Areas

DAR File No.: 29728
Filed: 03/23/2007, 12:04
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule was enacted for use during the Olympic Winter Games and is no longer needed due to completion of the Olympics.

Summary of the rule or change:

This rule is repealed in its entirety.

State statutory or constitutional authorization for this rule:

Subsection 53-1-108(1)(c)

Anticipated cost or savings to:

the state budget:

Since Olympic venue areas are no longer in existence, this rule is not being enforced and repeal will have no fiscal impact.

local governments:

Since Olympic venue areas are no longer in existence, this rule is not being enforced and repeal will have no fiscal impact.

other persons:

Since Olympic venue areas are no longer in existence, this rule is not being enforced and repeal will have no fiscal impact.

Compliance costs for affected persons:

Since Olympic venue areas are no longer in existence, this rule is not being enforced and repeal will have no fiscal impact.

Comments by the department head on the fiscal impact the rule may have on businesses:

Since Olympic venue areas are no longer in existence, this rule is not being enforced and repeal will have no fiscal impact. Scott Duncan, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Public Safety
Administration
CALVIN L RAMPTON COMPLEX
4501 S 2700 W 1ST FLR
SALT LAKE CITY UT 84119-5994

Direct questions regarding this rule to:

Richard D. Wyss at the above address, by phone at 801-965-4794, by FAX at 801-366-0221, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

05/15/2007

This rule may become effective on:

05/22/2007

Authorized by:

Scott T Duncan, Commissioner

RULE TEXT

R698. Public Safety, Administration.

[R698-100. Possession of Firearms, Ammunition, Dangerous Weapons, Explosives, Chemical and Incendiary Devices in Olympic Venue Secure Areas.

R698-100-1. Purpose.

A. The purpose of this rule is to:

(1) Designate the locations of secure areas within Olympic venues where possession of a firearm, ammunition, dangerous weapon, or explosive, chemical, or incendiary device is prohibited between January 25, 2002 and April 1, 2002.

(2) Provide notice that a reasonable person would understand regarding:

(a) the location of the Olympic venue secure areas where possession of the items listed in Subsection R698-100-1.A.(1) is prohibited;

(b) the location of public access entrances and exits to the Olympic venue secure areas; and

(c) the penalties for violating Section 76-10-531, restriction of dangerous weapons in Olympic venue secure areas.

(3) Designate persons authorized to possess the items listed in Subsection R698-100-1.A.(1) in Olympic venue secure areas, including those persons exempted by Subsection 76-10-523(1).

 

R698-100-2. Authority.

This rule is authorized by Section 53-12-301.1, which requires the Olympic law enforcement commander to make rules designating Olympic venue secure areas, providing notice regarding their location, the location of public access entrances and exits at Olympic venue secure areas, and the penalties associated with violating Subsection 76-10-523(1), dealing with the restriction of dangerous weapons in Olympic venue secure areas.

 

R698-100-3. Definitions.

A. "Olympic Games" means the XIXth Olympic Winter Games and the VIIIth Paralympic Winter Games. Reference to "Olympic" or "Olympics" is intended to include the XIXth Olympic Winter Games and the VIIIth Paralympic Winter Games.

B. "Olympic venue" means:

(1) A specific location that is:

(a) secured by a perimeter and public access is controlled; and

(b) where spectators view Olympic events.

(2) A specific location designated for media.

(3) A specific location designated as official athlete housing not open to the general public.

C. "Olympic events" means competitions, practice sessions, performances, celebrations and other events which for public safety or law enforcement purposes are designated by the commander as connected with the Olympics or Olympic related whether recognized by the organizer as Olympic events or not.

D. "Olympic venue secure area" means:

(1) A specific location secured by a perimeter, where public access is controlled and where spectators view Olympic events where the possession of a firearm, ammunition, dangerous weapon, or explosive, chemical, or incendiary device is prohibited between January 25, 2002 and April 1, 2002. This includes areas designated as practice venues, performance or celebrations sites in connection with the Olympic Games, which are secured by a perimeter, where public access is controlled and where spectators are allowed to view practices, or performances, or celebrations or other Olympic related events.

(2) A specific location designated for media where the possession of a firearm, ammunition, dangerous weapon, or explosive, chemical or incendiary device is prohibited between January 25, 2002 and April 1, 2002.

(3) A specific location designated as official athlete housing not open to the general public where the possession of a firearm, ammunition, dangerous weapon, or explosive, chemical, or incendiary device is prohibited between January 25, 2002 and April 1, 2002.

(4) An area outside the secure perimeter extending for a reasonable distance necessary to ensure the security and safety of the venue, its access points and access control equipment and personnel, and participants, spectators, officials and others with authorized access to the venue.

E. "Explosive, chemical or incendiary device" is defined in Section 76-10-306(1)(a).

F. "Firearm" is defined in Section 76-10-501(9)(a).

G. "Dangerous weapon" is defined in Section 76-10-501(5)(a).

 

R698-100-4. Location of Olympic Venue Secure Areas: Designation.

A. The commander designates the following categories of venues, sites and locations as places within which Olympic venue secure areas, as that term is defined in Subsection R698-100-3.D., are located:

1. All of the competition venues;

2. All of the practice venues and locations;

3. All of the Olympic cultural event venues and locations;

4. Rice-Eccles/Olympic stadium;

5. Olympic celebration and performance sites, including, but not limited to, the Salt Lake Olympic Square;

6. International Broadcast Center/Main Media Center;

7. Athlete Village;

8. Any area officially designated by the commander for media or official athlete housing not open to the general public;

9. Any vehicle provided by the Salt Lake Organizing Committee for transportation to or from Olympic venue secure areas;

10. Any other Olympic venue secure area that meets the statutory requirements for such area and is designated by the commander in writing.

 

R698-100-5. Location of Olympic Venue Secure Areas: Notice.

A. The boundaries of the Olympic venue secure areas will be marked by signs posted at appropriate intervals on the perimeter of each venue secure area or by markings or other means, including, but not limited to fences or other barriers, placed to delineate the secure perimeter of the venue. The secure perimeter of the venue shall be identified in a manner providing notice reasonably likely to come to the attention of an intruder in language and in a form that a reasonable person would understand. Personal communication by a law enforcement officer or other person officially posted to monitor the perimeter will be sufficient for advising a person of the existence and location of the secure perimeter.

B. The signs, markings or other means, including personal communication, used to delineate the secure perimeter of a venue, in addition to giving reasonable notice regarding the location of the secure perimeter of the venue, will also give notice that a reasonable person would understand regarding the prohibition against entry into the venue secure area in possession of a firearm, ammunition, dangerous weapon, or explosive, chemical or incendiary device and the penalties associated with such unlawful entry.

C. Form of the notice is given in the following table:

 

TABLE

NOTICE

OLYMPIC VENUE SECURE AREA



ENTRY INTO THIS AREA IS PROHIBITED UNLESS AUTHORIZED.  ALL ENTRY

MUST BE THROUGH OFFICIAL VENUE ACCESS POINTS.  UNAUTHORIZED

ENTRY IS PUNISHABLE AS A TRESPASS. UCA 76-6-206.  ENTRY INTO

THIS AREA IN POSSESSION OF ANY FIREARM, AMMUNITION, DANGEROUS

WEAPON, EXPLOSIVE, CHEMICAL OR INCENDIARY DEVICE WITHOUT

AUTHORIZATION IS ALSO PROHIBITED.  VIOLATION OF THIS PROHIBITION

IS PUNISHABLE BY FINE AND IMPRISONMENT AS PROVIDED IN UCA 76-10-531.

 

R698-100-6. Public Access Entrance and Exits: Notice.

A. Public access entrances and exits for each Olympic venue secure area will be clearly marked by signs or other means in language and by means that a reasonable person would understand.

B. Each public access entrance and exit for each Olympic venue secure area will have a sign posted giving notice in language that a reasonable person would understand regarding the prohibition against entry into the venue secure area in possession of a firearm, ammunition, dangerous weapon, or explosive, chemical or incendiary device and the penalties associated with such unlawful entry.

C. Form of the notice is given in the following table:

 

TABLE

NOTICE

OLYMPIC VENUE SECURE AREA



THIS IS AN OLYMPIC VENUE SECURE AREA.  ENTRY IS RESTRICTED TO

THOSE WHO ARE AUTHORIZED OR PERMITTED TO BE WITHIN THE AREA.

UNAUTHORIZED ENTRY IS PUNISHABLE AS A TRESPASS.  UCA 76-6-206.

ENTRY INTO THIS AREA IN POSSESSION OF A FIREARM, AMMUNITION,

DANGEROUS WEAPON, EXPLOSIVE, CHEMICAL OR INCENDIARY DEVICE

WITHOUT AUTHORIZATION IS PROHIBITED.  UNAUTHORIZED POSSESSION

OF SUCH ITEMS WILL RESULT IN YOUR BEING DENIED ENTRY.

VIOLATION OF THIS PROHIBITION IS PUNISHABLE BY FINE AND

IMPRISONMENT AS PROVIDED IN UCA 76-10-531.

 

R698-100-7. Location of Secure Weapons Storage Areas: Notice.

The Olympic law enforcement commander elects not to provide secure weapons storage areas.

 

R698-100-8. Penalties for Violating Section 76-10-531: Notice.

A. Entry into an Olympic venue secure area in unauthorized possession of a firearm, ammunition or dangerous weapon is punishable as a Class B misdemeanor (a term of imprisonment not exceeding six (6) months; a fine not exceeding $1,000, or both). In addition, Utah law requires a surcharge of 85% of the fine to be added to any fine.

B. Entry into an Olympic venue secure area in unauthorized possession of an explosive, chemical or incendiary device is punishable as a felony of the first degree (a term of imprisonment not less than five years and which may be for life; a fine not exceeding $10,000 or both). In addition, Utah law requires a surcharge of 85% of the fine to be added to any fine.

 

R698-100-9. Exempted Person: Designation.

A. The following categories of individuals are exempt from the coverage of this rule:

1. Those individuals listed as exempt from weapons laws pursuant to Section 76-10-523(1)(a) through (g);

2. Members of the United States Armed Forces or members of a National Guard while properly engaged in duties related to the Olympic Games;

3. Members of the National Ski Patrol and employees of the Forest Service or private employees of the organizer or a venue while engaged in avalanche control or other safety related duties in connection with the Olympic Games so long as they are accompanied while in an Olympic venue secure area by a person exempt under Subsections 76-10-523(1)(a), (b) or (c);

4. Explosive ordnance disposal personnel while carrying out responsibilities related to the Olympic Games;

5. Fireworks handlers and support personnel accredited to an Olympic venue by the organizer who are authorized by law to possess and use fireworks, explosive devices and related materials during and in connection with an Olympic event as that term is defined by this rule, whose identity and credentials are made known to the Public Safety venue commander with responsibility for the venue or, if there is no venue commander, to the Olympic law enforcement commander or his designee prior to entry into any Olympic venue secure area, subject to the approval of the Public Safety venue commander or the Olympic law enforcement commander or his designee;

6. Performers and others accredited to an Olympic venue by the organizer who are authorized by law to possess and use firearms and ammunition during and in connection with an Olympic event as that term is defined by this rule, whose identity and credentials are made known to the Public Safety venue commander with responsibility for the venue or, if there is no venue commander, to the Olympic law enforcement commander or his designee prior to entry into any Olympic venue secure area, subject to the approval of the Public Safety venue commander or the Olympic law enforcement commander or his designee.

B. The commander may designate additional exemptions from the coverage of this rule as required during and in connection with the Olympic Games.

 

R698-100-10. Biathlon.

Athletes, coaches, trainers, equipment managers, armorers, and others who are accredited by the organizer, the International Olympic Committee, a National Olympic Committee, or the International Biathlon Union, as official participants or support personnel for the biathlon competitions held in connection with the Olympic Games, and who have accredited access to the biathlon competition venue for competition and training, are exempt from the requirements of this rule as they apply to any Olympic venue secure area associated with the biathlon competition for the period of the Olympic Games.

 

KEY: Olympics, security, firearm

Date of Enactment or Last Substantive Amendment: December 19, 2001

Authorizing, and Implemented or Interpreted Law: 53-12-301.1]