HomeMy WebLinkAbout96-3077ORDINANCE NO.
96-3077
AN ORDINANCE OF THE CITY OF PLAINVIEW, TEXAS REPEALING CITY OF
PLAINVIEW ORDINANCE NO. 9 6- 3 0 7 7 , CODIFIED AS SECTION 17-4, OFI~NSES OF
ARTICLE I OF CHAPTER 17 OF THE CODE OF ORDINANCES OF THE CITY; ADDING
PROVISIONS PROHIBITING CARRYING A FIREARM IN A CITY BUILDING; ADDING
SUBSECTION 18-3, OF ARTICLE I, CHAPTER 18, PARKS AND RECREATION, OF THE
CODE OF ORDINANCES OF THE CITY TO ALLOW POSSESSION OF CONCEALED
HANDGUNS IN CITY PARKS ONLY BY PERSONS DULY LICENSED TO CARRY
CONCEALED HANDGUNS BY THE STATE OF TEXAS IN ACCORDANCE WITH THE
PROVISIONS OF THE TEXAS CONCEALED WEAPONS ACT; PROVIDING A REPEALER
CLAUSE, SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE, AND
AN EFFECTIVE DATE.
WHEREAS, on May 10, 1983, by Ordinance No. 83-2518, the City Council of the City of
Plainview provided regulations for the discharging of firearms within the City limits and provided
definitions of various firearms; and
WHEREAS, Ordinance No. 83-2518 was codified as Section 17-4, Discharge of
Weapons Prohibited; Permitted Exception, of Article I of Chapter 17, Offenses, of the Code of
Ordinances of the City of Plainview; and
WHEREAS, the 74th Legislature of the State of Texas has amended Title 70 of the
Revised Statues by adding Article 4413 (29ee), more commonly referred to as the "Texas
Concealed Weapons Act," which became effective September 1, 1995, and which sets forth
regulations for carrying concealed handguns and allows businesses, both public and private, to
prohibit persons who are licensed under Article 4413 (29ee), Texas Revised Statutes, from
carrying a concealed handgun in any building or portion of a building owned by the business; and
WHEREAS, the City Council of the City now hereby finds and determines that it is
necessary and in the best interest of the City and its citizens to prohibit all persons from carrying a
firearm in a City building; and
WI-IEREAS, in conduction with the addition of Article 4413 (29ee) to Title 70 of the
Texas Revised Statutes. Section 215.001. Subsection (b) of the Local Government Code has been
amended an provides that a munidpality may continue to regulate the carrying of a firearm by a
person other than a person licensed to carry a concealed handgun under Article 4413 (29ee) at a
public park; and
WHEREAS, on November 24, 1987, by Ordinance No. 87-2729, the City Council of the
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City of Plainview specified certain unlawful or prohibited activities in all areas and facilities
owned, leased, or otherwise controlled by the Parks and Recreation Department of the City; and
WHEREAS, Ordinance No. 87-2729 was codified as Article III Rules and Regulations, of
Chapter 18, Parks and Recreation, of the Code of Ordinances of the City of Plainview; and
WHEREAS, the City Council of the City now hereby finds and determines that it is
necessary to revise Section 18-53, Unlawful Activities Within Parks, Article III of Chapter 18,
Parks and Recreation, of the Code of Ordinances of the City of Plainview to allow possession of
concealed handguns in City parks only by persons licensed to carry concealed handguns by the
State of Texas in accordance with the provisions of the Texas Concealed Weapons Act.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PLAINVIEW, TEXAS, THAT:
Section I. Ordinance No. 83-2518, duly passed-and approved by the City Council of the
City of Plainview, Texas, on May 10, 1983, codified as Section 17-4, Discharge of Weapons
Prohibited; Permitted Exceptions, of Article I, of Chapter 17, Offenses, of the Code of
Ordinances of the City of Plainview is hereby revised and shall be replaced to read in its entirety
as follows;
"Sec. 17-4. Firearms.
(a) It shall be unlawful for any person, other than a peace officer, to carry a firearm in any
City building, regardless of whether or not the person is duly licensed by the State of Texas to
carry a concealed handgun.
(b) It shall be unlawful for any person to discharge any BB gun, pellet'gun, gun, pistol,
rifle, or firearm of any kind within the City limits, except within a properly secured indoor
firearms range, constructed and maintained in accord with National Rifle Association
specifications and standards or upon a range owned and operated by a governmental entity.
(c) The term "City building" as used in this section is defined as any building or portion of
a building owned, occupied, leased, or controlled by the City of Plainview, Texas, for City
operations and activities. The term does not include any public or private driveway, street,
sidewalk or walkway, parking lot, parking garage, or other parking areas.
(d) The term "handgun" as used in this section is defined as any firearm that is designed,
made, or adapted to be fired with one hand, and the term "concealed handgun" as used in this
section is defended as a handgun, the presence of which is not openly discernible to the ordinary
observation of a reasonable person.
(e) The terms "gun," "pistol," "rifle," and "firearm" as used in this section shall not only be
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defined as to include all percussion weapons, but shall also include all air guns, air pistols, air
rifles, and all other firearms using air pressure to propel a projectile.
(f) This section shall not be construed to prohibit any officer of the law from discharging
a firearm in the performance of his/her duty, nor to prohibit any citizen from discharging a firearm
when lawfully defending person or property.
(g) Any person violating the provisions of this section shall be deemed guilty of a Class B
misdemeanor pursuant to TEX. GOV'T. Code ANN. Art. 4413 (29ee).
Section II. Section 18-53, Unlawful Activities Within Parks of Chapter 18, Parks and
Recreation, of the Code of Ordinances of the City of Plainview, is hereby revised to read in its
entirety as follows:
(g) To carry a concealed handgun, as that term is defined in Section 17-4
of Chapter 17 of the Code of Ordinances of the City of Plainview, in a City Park,
except those persons who are duly licensed by the State of Texas to carry a
concealed handgun in accordance with the provisions of the Texas Concealed
Weapons Act.
(h) To car~ or discharge firearms (unless permitted under (g) above) fireworks,
airguns, bows and arrows, slingshots or any device which would or could project any
object which would or could create a fire hazard or any hazard or danger to the public,
except with written approval of the parks and recreation director.
Section III. All provisions of the Ordinances of the City of Plainview, codified or
uncodified, in conflict with the provsions of the Ordinance are hereby repealed, and all other
provisions of the Ordinances of the City of Plainview, codified or uncodified, not in conflict with
the provisions of this Ordinance, shall remain in full force and effect.
Section IV. It is the intention of the City Council that this Ordinance, and every provision
thereof, shall be considered severable, and the invalidity or unconstitutionality of any section,
clause, provision or portion of this Ordinance shall not affect the validity or constitutionality of
any other portion of this Ordinance.
Section V. The repeal of any Ordinance or part of Ordinances effectuated by the
enactment of this Ordinance shall not be construed as abandoning any action now pending under
or by virtue of such Ordinance or as discontinuing, abating, modifying, or altering any penalty
accruing or to accrue, or as affecting any rights of the municipality under any section or
provisions of any Ordinances at the time of passage of this Ordinance.
Section VI. Any person, firm, or corporation violating any of the provisions or terms of
this Ordinance shall be subject to a penalty as provided for in Section 1-4 of the City of Plainview
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Code of Ordinances.
Section VII. This Ordinance shall become effective from and aRer its passage and
publication as required by law.
DULY PASSED AND APPROVED THIS THE 2 3 rd DAY OF January ,1996.
Lloyd C.OWoods, Mayor
ATTEST:
K&en McBeth, City Secretary
APPROVED AS TO FORM:
,
Wa'fly ~itch,/City Attorney
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