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HomeMy WebLinkAboutO-1995-2072 . . 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. . . ORDINANCE NO. 95-2072 PAGE 2 (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 . PAGE 3 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 . PAGE 4 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 ~- Sue Lenes, City secretary . . .:.....::.. . ". SUNDAY, OcrOBER 29, ,1995 . THE BAYSHORE SUN'. PAGE 7 . . PUBLI.C NOTI'CES I 1 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 .;:;....'::.;.. ': .).': ...!I)?'I"'I!~:~'?""~'I"I!llIm~:\~r."'I1I!ll:.!?l!:!'~'~"~<:~ns; p.:o;ding ;;;~ti;:; ;~~g . 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. . .") I ! . - . ':. .:.". .... "." '. .'. . . . "" .. .. "", !'I'''' .". >^'" / . ...\.,'.,.......l..l. ~:~:-~~b~~.:t:i~i;~I)H~~l~)~.J)tJ~b~.~~h~:fN)*~~~U h~H.: ~,;:~~~~"~~,. .:~ ~~, !::)?~~)~ .1' ~hn):~~ ~.: CITY OF LA PORTE . 'slNonnan L Malone, Mayor ATlEST: slSue Lanes City Secr&tBry APPROVED: slKnax Askins City Attomey ~'... . . . . ~ . . "'! .' ..;...f.....~..........."' ....:11... .....4-.t~:r::~;..~":..~.:Il;..~:.:..A;7-.r....t":.1.1...~!~,~...'"i..~. ,'WEDNESDAY~ NO~~ 't;,~ ~5::.4,.TBE", B~~S~OJE;"StJN.': ~.... .' '.4.;':" ...:. '.;.~.."'WL:.."".'l"""!.:"';:"~:' ......J'......:...:: :'::.i:t.' r"~'""t.,.::t~'.::..':.. :,;,;';'Jir.\.:';;1 . ." ::~::~. .\~;' ';,.DNrtC:ll"'.I\ .. . ... :. : .' . ,i;,'..: .' ~ : : . . ',: " 'PUB~C:NOT1CE' !", . ,:. " t' ~':.~. ,,:'" :;..'ORDIN;trNc.e f!lb' '0.... ',::..: ,.' ': :\r,~'~:'..: ~~. :,",.:...~~~oy~, :'~: .~~..,:::.'~:~"~~~~: ::. 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.::." ::. . . . ~,' ". ~ , CITY OF LA PORTE : slNonnan L Malone, Mayor . .\:. ATTEST:. I ;;. . sJSue LeI18S .',' City. Secl8tary APPROVED: slKnox Askins City Attorney :. ..... ."", ;.' .' . .. . ..t)~:'~),~;;!hj>....:.~~..~. .:' ,~~:: ;:~".d::