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Home My WebLink About022454 ORD - 12/19/1995AN ORDINANCE PROHIBITING THE CARRYING OF FIREARMS ON PROPERTY OF THE CITY OF CORPUS CHRISTI, WITH CERTAIN EXCEPTIONS; ADDING A NEW SECTION 33-79 TO THE CODE OF ORDINANCES OF THE CITY; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION WHEREAS, the Texas Legislature in 1995 adopted Senate Bill 60, which provided for licensees to be allowed to carry handguns in accordance with its terms through enactment of a new Article 4413(29ee), Texas Revised Civil Statues, and amendment of other statutes; and WHEREAS, the Attorney General of Texas in Letter Opinion 95-058 (1995) ruled that under SB60 cities and other governmental entities, like private businesses, may prohibit licensees from carrying handguns on their premises; and WHEREAS, Senate Bill 60 reserves the right of public and private employers to prohibit licensees from carrying a handgun on their premises; and WHEREAS, the City Council finds that it is necessary for the safety of persons working in and using premises of the City of Corpus Christi to prohibit persons, including licensees, from entering or remaining on City premises with firearms, with the exception of certain peace officers and others. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The Code of Ordinances of the City of Corpus Christi, Texas, is amended by adding a new Section 33-79 to hereafter read as follows: Sec. 33-79. Entering or remaining on city premises with firearm. (a) A person commits an offense if the person, carrying a firearm, enters or remains on premises of the City. (b) It is a defense to prosecution under this section that the person was: (1) a commissioned security officer in the scope of his employment for the city; (2) a police officer of the city's police department; 02243if i ''k* -k) (3) a peace officer, other than a city police officer, within the scope of his duties; 2 (4) in the actual discharge of his duties as a member of the armed forces or state military forces as defined by Section 431.001, Government Code; (5) carrying the firearm at a gun show or other event involving display or use of firearms in Bayfront Plaza Convention Center or Memorial Coliseum in compliance with Section 36-28 of this code; (6) carrying the firearm on the premises of the Corpus Christi International Airport in an approved container, for the purpose of and prepared for shipping, in compliance with federal regulations; or (7) a licensee and the following circumstances were present: he was parked in a City parking lot serving a City premises, he left his handgun in the vehicle he rode to the parking lot, and he was in compliance with laws regulating licensees. (c) The City Manager shall cause notice to be posted on all city premises that entry or remaining thereon while carrying a firearm, whether by a licensee or not, is prohibited. The content, size, print, placement, and other aspects of any sign shall be in the absolute discretion of the City Manager. (d) In this section, "firearm" means a gun, handgun, rifle, or any other device designed, made or adapted to expel a projectile through a barrel by using explosive energy generated by an explosion or burning substance or any device readily convertible to that use. "licensee" means a person who has a current, valid license to carry a handgun pursuant to Article 4413(29ee), Texas Revised Civil Statutes. "premises" means a building or any portion thereof, and parking lots and grounds adjacent thereto, including interior sidewalks, owned, leased, occupied or controlled by the City, including, not by way of limitation: administrative buildings, airports, auditorium, animal control buildings, city hall, coliseum, convention center, fire stations, golf courses, gymnasiums, health department buildings, marinas, Multi -cultural Center, museums, police buildings, recreational centers, senior centers, service center buildings, solid waste buildings, swimming pools, utility system buildings, and warehouses. Provided, however, "premises" shall not include public streets, sidewalks, or parks. Provided, further, facilities such as museums or swimming pools, which may be located on park grounds, are not public parks. 3 SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose; and it is particularly the intent of the City Council that if this ordinance should be held invalid as applied to any particular building, facility, premises, or part thereof, that it shall remain in full force and effect as to all other buildings, facilities, premises, and parts thereof, and that if this ordinance should be held invalid as to a particular person or group of persons in particular circumstances, the remaining provisions shall remain in full force and effect in all other circumstances governed by this ordinance. SECTION 3. A violation of this section shall be subject to the penalty prescribed in Section 1-6 of this code; provided, however, that if conduct proscribed by this section would constitute an offense under State law, such as Sections 30.05, 46.02, and 46.03 of the Texas Penal Code, the offense shall be prosecuted thereunder. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter. 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the 12- day of op Lev -oat( , 19 (1-5 , by the following vote: Mary Rhodes Dr. Jack Best Betty Black Melody Cooper Tony Heldenfels cLt Betty Jean Longoria John Longoria l ll/r Edward A. Martin 6_ ti -C J Dr. David McNichols a-IfL That e foregoing ordinance was re for the second time and passed finally on this the /? day of Zed/aq) , 19 9' 5 , by the following vote: Mary Rhodes Dr. Jack Best Betty Black Melody Cooper Tony Heldenfels at4 Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols art co - PASSED AND APPROVED, this the /9 day of 4J// yt (/, 1995. ATTEST: Armando Chapa, City SL-bretary MAY THE OF CORPUS CHRISTI APPROVED THIS 7 DAY OF UGce...tre✓ , 1995: JAMES R. BRAY, JR., CITY ATTORNEY � 22434 PUBLISHER'S AFFIDAVIT State of Texas, } CITY OF CORPUS CHRISTI County of Nueces } ss: Ad # 322354 PO # Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman, who being first duly sworn, according to law, says that he is Vice -President and Chief Financial Officer of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE NO. 022454 which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 25TH days(s) of DECEMBER. 1995. ONE (11 Time(s) $ 30.60 �E HARD r kr qt orfi'''b S. cTh 4 . 14 ,� �nQ Vice -President and Chief Financial Officer Subscribed and sworn to before me this 4TH day of JANUARY. 1996. 0.04 -cu.) &-GiLaii Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/97.