CC in Indianapolis city parks?


Buff1948

New member
Is CC still prohibited in Indianapolis city parks? Do some cities in IN have CC laws that are different than the State laws?
 

Just trying to determine if State law preempts local laws. I visit Indianapolis frequently and go to some of the city parks. Not sure if concealed carry is legal in Indianapolis city parks. Thanks for any information you can provide.
 
500 views and no replies? Doesn't anyone in Indiana know the answer to this questions? Please reply if you do. Thank you. Is it legal to conceal carry in Indianapolis city parks?
 
The Germane Marion Code seems to be:

Indianapolis - Marion County, Indiana, Code of Ordinances >> TITLE III - PUBLIC HEALTH AND WELFARE >> Chapter 631 - PARKS AND RECREATION >> ARTICLE I. IN GENERAL >>

Sec. 631-101. General regulatory authority of the board of parks and recreation.

The board of the department of parks and recreation may establish, control, maintain and regulate playgrounds and recreation centers, bathing beaches, swimming and wading pools and golf courses, and provide and maintain all necessary equipment, supplies, buildings and structures therefor. The board shall supervise and provide employees for the operation of all such activities and may adopt and enforce all reasonable rules and regulations to control all such employees and all other property under its control and jurisdiction.

(Code 1975, § 22-1)
Sec. 631-102. Hours when parks are open to the public; unlawful entry.

(a)
During the season, when so declared by the board of the department of parks and recreation, Garfield Public Park shall be open to the public from 6:00 a.m. until 10:00 p.m., and all other public parks shall be open to the public from 6:00 a.m. until 11:00 p.m.; however, upon written order of the director or on special occasions, the hours may be changed and fixed generally different from such specified hours.
(b)
It shall be unlawful for any person, other than an employee of the city in the course of his employment, or except while traveling on an established roadway through a park, to be or remain in any park during any time it is not open, or to use any park at any time for any unlawful meetings or purposes.
(c)
The first violation in any calendar year shall be subject to admission of violation and payment of the designated civil penalty through the ordinance violations bureau in accordance with Chapter 103 of this Code. All second and subsequent violations in the calendar year are subject to the enforcement procedures and penalties provided in section 103-3 of this Code.
(Code 1975, § 22-2)
Sec. 631-103. Injury to property.

It shall be unlawful for any person to write on, cut, mutilate, deface, damage, remove or destroy in any manner any building, swimming or wading pool, golf course, equipment, structure, fountain, fence, bench, masonry, statue, ornament or any other property, real or personal, or any appurtenances thereto, owned or operated by the city or its department of parks and recreation, and located upon or in any park, golf course, playground or on any other place or property under the control of the department. It shall also be unlawful to damage, remove or destroy any property leased or loaned to or by the department, including any property on which a concession has been granted by such department, or belonging to any person and rightfully upon park property.

(Code 1975, § 22-3)
Sec. 631-104. Removal of property.

It shall be unlawful to remove, relocate, damage or destroy any benches, seats, tables, equipment or other movable property, at any time from their places in any park, golf course or other park property, without permission from the park custodian or other authorized park official.

(Code 1975, § 22-4)
Sec. 631-105. Injury to plants and trees.

(a)
It shall be unlawful for any person who is not an employee of the department of parks and recreation, or who is not authorized to do so by the department, to pull, pluck, break, plant, trample, climb into, remove, injure, mutilate or destroy any tree, shrub, plant, vine, hedge, flower or fruit, whether wild or cultivated, or to cut, break down, bend, damage the bark or trim any sapling, tree shrub or plant, or any limbs, branches, twigs or leaves thereof, that is growing and located in any public park, street, tree row or playground, or on any property controlled, leased or loaned to others by the department or on which a concession has been granted by it, or on any other property outside a park and which is under the control or supervision of the department.
(b)
It shall be unlawful for any person who is not an employee of the department of parks and recreation or an employee of the department of public works, or who is not authorized to do so by either department, to perform any trimming and cutting of flora along public streets or public ways.
(Code 1975, § 22-5; G.O. 15, 2001, § 89)
Cross reference— Trees and flora generally, ch. 701.

Sec. 631-106. Generally prohibited conduct.

(a)
It shall be unlawful for any person deemed to be an offender against children and required to register under IC 5-2-12 or who have been found by a court to be a sexually violent predator, under IC 35-38-1-7.5, or the law of any jurisdiction that identifies the person as being likely to repeatedly commit a sex offense, or has been convicted of one (1) or more of the following offenses:
(1)
Child molesting, under IC 35-42-4-3;
(2)
Child exploitation (IC 35-42-4-4(b));
(3)
Child solicitation (IC 35-42-4-6);
(4)
Child seduction (IC 35-42-4-7);
(5)
Kidnapping (IC 35-42-3-2), if the victim is less than eighteen (18) years of age; or
(6)
An offense in another jurisdiction that is substantially similar to an offense described in subsections (a)(1) through (a)(5); to be within one thousand (1,000) feet of a public playground, recreation center, bathing beach, swimming or wading pool, sports field or facility, when children are present unless such person or persons are accompanied by an adult person who is not also required to register under IC 5-2-12.
(b)
It shall be unlawful for any person required to register under IC 5-2-12 to bring or accompany any other person required to register under IC 5-2-12 to a public playground, park, recreation center, bathing beach, swimming or wading poll, sports field or facility, when children are present or are expected to be present at such facility or venue. However, this section shall not apply to any person whose name has been removed from the registry by act of a court or by expiration of the term such person is required to remain on the registry pursuant to IC 5-2-12.
(c)
It shall be unlawful for any person to use profane, obscene, lewd, threatening or abusive language; or to fight, quarrel or throw any stone or missile; or to behave in a loud or disorderly manner; or to commit any offense against decency, good morals or contrary to law; or to litter, dump or deposit any garbage or other offensive substance or article upon any park, playground or any other property under the control or supervision of the department of parks and recreation, or on any property leased or loaned or on which a concession has been granted by it; or to use or participate with others in using any such places for any subversive, seditious or other unlawful purposes.
(d)
No unlawful, threatening, abusive, profane, lewd or indecent language, gesture or conduct shall be permitted in or in the vicinity of any bathing beach, wading or swimming pool, recreation center or playground; nor shall any person who is lawfully at any such place be so annoyed or unlawfully touched.
(e)
A person who violates any provision of subsections 631-106 (a) or (b) shall be guilty of an infraction punishable by:
(1)
A fine not exceeding six hundred dollars ($600.00) for a first violation.
(2)
A fine not exceeding one thousand dollars ($1,000.00) for a second violation within one (1) year.
(3)
A fine not exceeding two thousand five hundred dollars ($2,500.00) for each additional violation within one (1) year.
(f)
Fines under this section shall not apply when the prohibited conduct is the subject of a new criminal offense under any applicable state or federal statute or when the prohibited conduct is the basis for the revocation of any conditions of parole or probation.
(Code 1975, § 22-6; G.O. 51, 2006, § 1)
Sec. 631-107. Gambling.

It shall be unlawful for any person to gamble, or violate any federal, state or city laws pertaining thereto, in any public park, playground or any other place controlled by the department of parks and recreation.

(Code 1975, § 22-7; G.O. 78, 1999, § 2)
Cross reference— Gambling generally, ch. 351.

Sec. 631-108. Discharging firearms.

It shall be unlawful for any person, unless authorized by resolution of the board of parks and recreation, to discharge any firearms or other explosive devices, or to endanger others by the use of any weapon, article or device, within any park, playground or on any property controlled or leased by the department of parks and recreation, or on which a concession has been granted by it.

(Code 1975, § 22-8; G.O. 23, 2011, § 3)
Cross reference— Weapons, ch. 451.

Sec. 631-109. Alcoholic beverages; controlled substances.

(a)
Definitions.
(1)
Alcoholic beverage is used as the term is defined by IC 7.1-1-3-5 and as that statute may be amended or supplemented from time to time.
(2)
Controlled substances is used as the term is defined by IC 35-48-1-9 and as that statute may be amended or supplemented from time to time.
(b)
It shall be unlawful for any person to bring a controlled substance into or use a controlled substance in any park or other premises or place under the jurisdiction or control of the department of parks and recreation.
(c)(1)
It shall be unlawful for any person to be under the influence or effect of an alcoholic beverage or controlled substances in any park or other premises or place under the jurisdiction or control of the department of parks and recreation.
(2)
It shall be unlawful for any person to bring an alcoholic beverage into or use an alcoholic beverage in any park, premises or place under the jurisdiction or control of the department of parks and recreation unless the board of parks and recreation has approved the sale and/or use of alcoholic beverages at a specific location or event in a park or other premises or place.
(d)
The first violation in any calendar year shall be subject to admission of violation and payment of the designated civil penalty through the ordinance violations bureau in accordance with Chapter 103 of this Code. All second and subsequent violations in the calendar year are subject to the enforcement procedures and penalties provided in section 103-3 of this Code.
(Code 1975, § 22-9; G.O. 36, 1999, § 1)
Sec. 631-110. Animals and fowl in parks generally.

(a)
It shall be unlawful for any person, being the owner of or having control thereof, and without permission of the board of parks and recreation, to suffer or permit any chickens, ducks, geese, swans, hogs, cattle, horses, sheep, goats or any other animals or fowl, to stray into or to run at large or unattended or to trespass upon any park, playground, waters or any property controlled, leased or loaned by the department of parks and recreation or on which a concession has been granted by it. Any of the animals or fowl prohibited by this subsection, straying into, running at large or unattended or trespassing on park lands, may be impounded by the department of parks and recreation, and, if not reclaimed and the costs thereof paid by the owners, may be sold as provided by law and this Code for the disposal of stray animals which are held in the city pound.
(b)
It shall be unlawful for any person harboring or controlling a dog to permit or to suffer such dog, when not attended and under the control of the person and held by a leash, to be in any park, public playground or golf course, or at any time to enter any wading or swimming pool or beach located therein.
(c)
Notwithstanding the provisions of section 531-102 and section 631-110(b) of this Code, dogs are permitted off-leash in specific areas under the jurisdiction or control of the department of parks and recreation, which areas are designated as off-leash areas by the board of parks and recreation.
(d)
It shall be unlawful for any person to ride, lead or drive a horse, mule, pony, donkey or any other beast of burden on any park property; except that the board of parks and recreation may designate certain portions of park property as bridle paths or other areas wherein horses and other equine animals may be ridden, after securing a written permit therefor from the board. Horseback and other animal riding shall be confined exclusively to designated bridle paths and in public parks, or to other places set apart for such use. Reckless riding or racing at any place shall be unlawful. Riding horses or other animals on or across grass lawns, flower beds, golf courses or any park property, other than on bridle paths or places designated therefor, shall be unlawful.
(Code 1975, § 22-10; G.O. 76, 1999, § 1; G.O. 113, 1999, § 1; G.O. 74, 2005, § 1)
Cross reference— Animals and fowl generally, ch. 531.

Sec. 631-111. Molesting animals.

It shall be unlawful for any person, not an employee of the department of parks and recreation or not so authorized by such department, to chase, catch, trap, injure, molest, kill, disturb, annoy or remove any animal, bird, fish, reptile or fowl, either wild or domestic, on land, in the air or water, or in any place in any park, zoo or playground, or on any property controlled, leased or loaned by such department, or on which a concession has been granted by it.

(Code 1975, § 22-11)
Cross reference— Animals and fowl generally, ch. 531.

Sec. 631-112. Restricting vehicles.

(a)
Trucks and other vehicles may be restricted, prohibited or regulated in any manner deemed necessary for the public safety and welfare in using the parks and other places under the control of the department of parks and recreation, by signs posted under authority of the park board and by regulations and permits issued by it, and as otherwise provided by this Code.
(b)
No motor vehicle shall be parked or driven within the boundaries of Washington Park except upon established roadways or properly designated parking areas.
(Code 1975, § 22-12)
Cross reference— Traffic, ch. 441; motor vehicles, ch. 611.

Sec. 631-113. Picnics.

Picnics may be held in any public park by obtaining from the board of parks and recreation, or the custodian or superintendent of the park, a permit therefor in which will be designated the time, place and the conditions and regulations upon which the picnic may be held. It shall be unlawful for any person who is not invited or included by the sponsors thereof to intrude himself upon a picnic, without the consent of those in charge thereof, or to disturb any picnic within the park. The board shall adopt such general rules and regulations as necessary for compelling persons holding picnics or eating anything within any public park to clean up the ground and remove or dispose of all food, paper, litter and other debris before leaving the premises. Picnicking within one hundred (100) feet of the fairways, tees and greens of any golf course or within the space designated for ball diamonds, tennis courts, playgrounds, wading or swimming pools or beaches, horseshoe courts, archery ranges or casting pools, or in any other areas set aside for such uses, is prohibited. Eating by any person in parks may be limited to areas set aside therefor.

(Code 1975, § 22-13)
Sec. 631-114. Fires.

It shall be unlawful for any person, not an employee of the department of parks and recreation, to build, kindle or ignite a fire for cooking, heat or any other purpose in any park, playground or on any property controlled or leased by the department, or on which a concession has been granted by it, or on any other property under the control or supervision of the board of parks and recreation, except as allowed for any such purposes in accordance with such regulations as the board shall establish regulating the use of outdoor ovens at any designated place or other such uses in certain areas.

(Code 1975, § 22-14)
Cross reference— Fire prevention and protection, ch. 591.

Sec. 631-115. Sleeping in parks.

Sleeping in parks or upon golf courses, playgrounds, park lands or any bench or other equipment located in or on any park premises is prohibited, except in such places and at such times as may be especially designated therefor and permitted by the board of parks and recreation.

(Code 1975, § 22-15)
Sec. 631-116. Advertising.

It shall be unlawful for any person to paint, post or otherwise affix any bill, notice or advertising sign upon any structure, tree or thing within any park, playground, golf course or other property under the control of the department of parks and recreation, without first having obtained written permission therefor from the board of parks and recreation.

(Code 1975, § 22-16)
Sec. 631-117. Sales within parks.

It shall be unlawful for any person to sell, offer for sale or barter any goods, wares or merchandise of any kind whatever within any public park, playground or other park property, without first having obtained written consent or a concession therefor from the board of parks and recreation.

(Code 1975, § 22-17)
Sec. 631-118. Dangerous sports and activities.

It shall be unlawful for any person to drive golf balls, fly model planes, throw objects, practice archery or shooting, or participate in any other games or activities which are hazardous to others on property controlled or operated by the board of parks and recreation, or located in or on any park or playground; however, the department of parks and recreation may set aside and designate places and specify the times and regulations for engaging in any such activities.

(Code 1975, § 22-18)
Sec. 631-119. Municipal golf courses.

(a)
Municipal golf courses and clubhouses may be established and operated by the board of parks and recreation in parks or other locations in the city. During the golf season fixed therefor, they shall be open to the public from 5:00 a.m. until such time in the evening as may be designated by the board of parks and recreation; however, the board may regulate the hours or direct the closing of any golf course or clubhouse at any time. Except during the hours specified, no person other than employees of the department of parks and recreation shall be permitted to remain in any golf clubhouse or on any golf course. The board may designate the size and limits of any golf course, and shall fix and collect reasonable fees for the use thereof. No person shall play golf upon any golf links operated by the department, except upon payment of the fees stipulated by it and in compliance with its rules and regulations thereon, as may be adopted by it at any time.
(b)
All persons within the limits of any golf course must at all times abide by the rules and regulations of the golf course, which shall be posted in the clubhouse or upon the course, and by the orders of the custodian of such course, and shall not violate any laws of the city or state. For any violation of this section, the violator may be punished as prescribed by this Code and be excluded from the use of any golf course controlled by the board.
(c)
It shall be unlawful for any person to sell or offer for sale golf balls, clubs or any articles whatever for use in playing golf on any municipal golf course or within five hundred (500) feet of the boundary lines of any golf course, without the written consent of the board of parks and recreation or without an annual or seasonal permit therefor.
(Code 1975, § 22-19)
Sec. 631-120. Regulating the uses of parks.


Sec. 631-121. Enforcement of this chapter.


Sec. 631-122. Vehicles on public property restricted.

(Note: Last 3 Sections deleted to bring text under 25,000 characters as they were not germane to the discussion anyways.)

And it says it is not permissible to discharge a firearm in a park. It does not say anything about not having a firearm. However, I would call the Indianapolis Police and ask them.
 
SEA 292 (Senate Enrolled Act)... as of 1 July, 2011
Quote:
Preemption of local firearm regulation. Prohibits, with certain exceptions, a political subdivision from regulating: (1) firearms, ammunition, and firearm accessories; (2) the ownership, possession, carrying, transportation, registration, transfer, and storage of firearms, ammunition, and firearm accessories; and (3) commerce in and taxation of firearms, firearm ammunition, and firearm accessories. Allows a person to file an action against a political subdivision if the person is adversely affected by an ordinance, a measure, an enactment, a rule, or a policy of the political subdivision that violates the law. Repeals a conflicting statute concerning local regulation of firearms.

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