Councilman Beaner pushes repeal of weapons ban in city parks

Beaner pushes for multiple problematic actions but was checked by city attorney, mayor and rest of council

            Monday evening’s city council meeting was contentious as the new council worked to get its bearings. City Attorney Meredith Moore attended at the request of Mayor Bruce Brown, and she was called upon several times to ensure the council was following proper procedures and law, especially surrounding ordinances, because in multiple instances, proposals by recently-installed councilor Brayden Beaner ran afoul of SD open meeting laws and accepted city procedures. The council covered a wide range of issues, including a repeal of a weapons ordinance and involuntary annexation.

            Councilor Brayden Beaner began the meeting by attempting to amend the agenda with additional resolutions and ordinances regarding voluntary and involuntary annexation, items that require proper advance notice to the public, according to Moore.

            Councilor Beaner stated he had attempted to add them to the agenda prior, but did not clarify when he first attempted to contact city hall.

            “I had attempted to reach out multiple times to get this on the agenda, unsuccessfully,” he said.

            However, Moore countered that as it “relates to the motion, there are certain procedural requirements under South Dakota law…and any late motion to amend that materially alters that agenda by adding new things of which notice is specifically required, is technically a violation of South Dakota law.” She pointed out that adding the agenda item could be a Class two misdemeanor and was in violation of the Open Meetings law that required proper notice be given. Given that, she recommended the council proceed as the agenda was written.

            When Beaner asked how he should go about adding items to the agenda, Moore stated she could not speak to the process followed by this particular council, but suggested he ensured he provided enough advance notice to the mayor, other councilors, and the city’s finance officer.

            “Sometimes, it just takes waiting for another meeting cycle to ensure there is sufficient time to go through it,” she added, after pointing out that some agenda items could need longer scheduling periods during meetings and agendas could be modified to ensure there was enough time slotted to get through it all.

            Based on that, Councilor Beaner withdrew his motion, allowing the meeting to move forward.

Repealing a weapons ban

            Later in the meeting, Councilor Beaner brought up four other issues, including an ordinance to repeal Garretson’s weapon ban in city parks, a first reading for declaring the city branch pile to be exempt from city ordinances, a request for engineering of sidewalks, and a discussion on voluntary and involuntary annexation.

            Ordinance 525, passed in 1998, prohibits any person from possessing, using, or displaying any firearms, including air guns, explosives, bows and arrows, or other weapons.

            Beaner contended that South Dakota Codified Law 9-19-20 prohibited the regulations of firearms by municipalities, and therefore, the ordinance should be repealed.

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