HomeMy WebLinkAboutO-1995-2072
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ORDINANCE NO. 95-2072
AN ORDINANCE ADOPTING THE PROVISIONS OF SECTION 30.05, TEXAS PENAL
CODE, AND PROHIBITING ANY PERSON FROM CARRYING A FIREARM ON ANY
PROPERTY OR IN ANY BUILDING OF THE CITY OF LA PORTE; PROHIBITING
ANY PERSON WHO IS LICENSED UNDER ARTICLE 4413 (2gee), V.T.C.S., FROM
CARRYING A CONCEALED HANDGUN ON ANY PROPERTY, BUILDING, OR PREMISES
OF THE CITY OF LA PORTE; CONTAINING DEFINITIONS; PROVIDING FOR
SIGNS; PROVIDING EXEMPTIONS; PROVIDING FOR A PENALTY OF A FINE NOT
TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH
OFFENSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. Section 30.0S, "criminal Trespass," of the Texas
Penal Code, reads as follows:
"s 30.05. Criminal Trespass
(a) A person commits an offense if he enters or remains on
property or in a building of another without effective consent
and he:
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.
(b) For purpose of this section:
(1) "Entry" means the intrusion of the entire body.
(2) "Notice" means:
(A) oral or written communication by the owner or
someone with apparent authority to act for the
owner;
(B) fencing or other enclosure obviously designed
to exclude intruders or to contain livestock;
(e) a sign or signs posted on the property or at
the entrance to the building, reasonably
likely to come to the attention of intruders,
indicating that entry is forbidden; or
(D) the visible presence on the property of a crop
grown for human consumption that is under
cultivation, in the process of being
harvested, or marketable if harvested at the
time of entry.
(3) "Shelter center" has the meaning assigned by
Section Sl.002(1), Human Resources Code.
(c) It is a defense to prosecution under this section that
the actor at the time of the offense was a fire fighter
or emergency medical services personnel, as that term is
defined by Section 773.003, Health and Safety Code,
acting in the lawful discharge of an official duty under
exigent circumstances.
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ORDINANCE NO. 95-2072
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(d) An offense under this section is a Class B misdemeanor
unless it is commi tted in a habitation or a shel ter
center or unless the actor carries a deadly weapon on or
about his person during the commission of the offense, in
which event it is a Class A misdemeanor."
Pursuant to the authority granted to it as a property owner
under section 30.0S, Texas Penal Code, the City Council of the City
of La Porte hereby prohibits any person, other than those
enumerated in section S hereof, from carrying a firearm on any
property or in any building of the City of La Porte.
section 2 G
Pursuant to the author i ty granted to it as a
property owner under Article 4413 (2gee), V.T.C.S., the City Council
of the City of La Porte hereby prohibits any person, other than
those enumerated in section S hereof, who is licensed under Article
4413(2gee), V.T.C.S., from carrying a concealed handgun on the
premises of the City of La Porte. "Premises" means a building or
a portion of a building. The term "Premises" does not include any
public or private driveway, street, sidewalk or walkway, parking
lot, parking garage, or other parking area.
Section 3.
Pursuant to Section 32, Article 4413 (2gee),
V.T.C.S., the City of the City of La Porte, as a public employer,
prohibi ts any person, other than those enumerated in section S
hereof, who is licensed under Article 4413(2gee), V.T.C.S., from
carrying a concealed handgun on the premises of the business of the
City of La Porte. "Premises" means a building or a portion of a
building.
The term "Premises" does not include any public or
private driveway, street, sidewalk or walkway, parking lot, parking
garage, or other parking area.
ORDINANCE NO. 95-"'2
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section 4. The City of La Porte shall prominently display at
each entrance to each of its properties, buildings, and premises,
as appropriate, a sign which gives notice in both English and
Spanish that it is unlawful to carry a handgun on such property,
building, and premises. The sign must appear in contrasting colors
wi th block letters at least one inch in height and shall be
displayed in a conspicuous manner clearly visible to the public.
section 5. This ordinance shall not apply to duly licensed
peace officers; law enforcement officer alias handgun licensees;
and active judicial officer licensees.
section 6. If any provision, section, subsection, sentence,
clause, or phrase of this ordinance, or the application of same to
any person or set of circumstances is for any reason held to be
unconstitutional, void or invalid, the validity of the remaining
portions of this ordinance or their application to other persons or
sets of circumstances shall not be affected thereby, it being the
intent of the City Council in adopting this ordinance that no
portion hereof or provision or regulation contained herein shall
become inoperative or fail by reason of any unconstitutionality,
voidness or invalidity of any other portion hereof, and all
provisions of this ordinance are declared to be severable for that
purpose.
section 7. Any person who violates Section 2 or Section 3 of
this ordinance, upon conviction in the municipal court of the City
of La Porte, shall be subject to a fine not to exceed two hundred
dollars ($200.00) for each offense.
section 8. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
ORDINANCE NO. 95-~2
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hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter SSl, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
section 9. This ordinance shall be effective fourteen (14)
days after its passage and approval. The City Secretary shall give
notice of the passage of this ordinance by causing the caption
hereof to be published in the Bayshore Sun at least twice within
the ten (10) days after the passage of this ordinance.
section 10. This Ordinance shall be effective from and after
its passage and approval, and publication, but no earlier than
January 1, 1996.
PASSED AND APPROVED, this 23rd day of October
, 1995.
By:
ATTEST: LJ
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Sue Lenes, City secretary
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SUNDAY, OcrOBER 29, ,1995 . THE BAYSHORE SUN'. PAGE 7
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PUBLI.C NOTI'CES
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PUBUC NOTICE
ORDINANCE NO.
: :, :: 95-2072 ., .
An ordinance adopting the proVisions of
Section. 30.5, Texas Penal Code and
prdlibiting &rrf p8lSOn fram qarrying a fiI8erm
on any property or in any building'ofthe
City of La Por18; prohibiting any penron wh~
is ic8nsed w'Id8r Article 4413 (2988), v.r.cs.,
. from canying a concealed handgun on 81Pf. .~
. . . " . . - property, building, .or- pr&mi88~ of ~e_ City " :.
. .,.., .' .. '. ........ .,.......... ,.....-,.;..,... ........:,:,"',.~... "1", "''-Porte. ......tam-...-...--><r.--.""'-g
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for a penalty of a fine not 10 8XC8ed .th.e ~m
of two hundnKf dollars ($200.00) for each
offense; containing a sewrability clause;
finding compliance with the open meetings
law; providing an effective date h~l8Of.
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CITY OF LA PORTE
. 'slNonnan L Malone, Mayor
ATlEST:
slSue Lanes
City Secr&tBry
APPROVED:
slKnax Askins
City Attomey
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,'WEDNESDAY~ NO~~ 't;,~ ~5::.4,.TBE", B~~S~OJE;"StJN.':
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',: " 'PUB~C:NOT1CE' !", . ,:. " t'
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::. An ordnance adopting' the provisions of!
. Section 30.5;' T8X8S '. Penal, Cod& and:'!
,: jxchDting 8ITf,~ fnxn c:arryi'lg a fi/88n1i :
, on' any property. or'in any building. of .the'
City oIla PoI18; prohililing 8lIY pelSOll who:'
. is ieensechnierAride4413 (2988), v:r.c.s...
from canying a concealed handgun en &rrf'
property, builting, or pl8llliS8S of the City
. : of La Pofte"eontain. definitiOns' 'provicing::.
: ' for signs; 'p~iding 8X8mption~' provicing -
for a penally of a fine not ~ &XC88d lhe sum
'of two hWlCired doUars ($200.00) for each.,
offense; containing a severability cIause::-'
tinl;ljng compliance with the open meetings.'
law; providing an effective daw hef80f.::." ::.
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, CITY OF LA PORTE
: slNonnan L Malone, Mayor
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ATTEST:. I ;;. .
sJSue LeI18S .','
City. Secl8tary
APPROVED:
slKnox Askins
City Attorney
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