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HomeMy WebLinkAbout025560 ORD - 11/18/2003AN ORDINANCE AMENDING SECTION 33-79, THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, REGARDING ENTERING OR REMAINING ON CITY PREMISES WITH A FIREARM; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 33-79, Code of Ordinances, is revised to 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 the officer's employment for the city; (2) A police officer of the city's police department; (3) A peace officer, other than a City police officer, within the scope of his the officer's duties; (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 =,",d *~'" ~'-"'-,.,~".. ,-~ ...... * ........ h .........+. h ......... ~,~ ;,. ,v~...,-'~. *...v *~,.,,~ .... ~.,~,,.,,,s~"" ,~.,~"* -,,.""'~ ,,~h ...... ..~ !f the licensee is in compliance with applicable State laws and rules regulating licensees and the carriage of handguns (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 or as required by State law. R30407B2.doc 2 (d) In this section: Firearm means a gun, handgun, rifle, shotgun, 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 concealed handgun ......... , +....~,.~ .~.~.~/-~n..~ T .... C~..;.-...~ r';,,;, e*-.*,,*..~- under Chapter 411, Texas Government Code. 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. 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 of this ordinance be given full force and effect for its purpose. SECTION 3. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1-6 of the City Code of Ordinances. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. R30407B2.doc 3 That the foregoing ordinance was re, aC for the first time and passed to its second reading on this the I I'p''' day of IVDV/~,~ ~O~ C- ,2003, by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garret[ Bill Kelly Rex A. Kinnison Mark Scott That the foregoing grdinance, was read for the second time and passed finally on this the ~ day of J~, 40_ ,-e-b4('- ,2003 by the following vote: Samuel L. Neal, Jr. L'~/~_~ Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett PASSED AND APPROVED, this the Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott day of ~0~J~/J'~gC...L.- ,2003. ATTEST' City Secretary Mayor APPROVED: 6th day of November, 2003: R/Lfay ~(ein ing. Acting'C~ty Attorney R30407B2.doc PUBLISHER'S AFFIDAVIT State of Texas } County of Nueces } SSi CITY OF CORPUS CHRISTI Ad # 4737006 PO # Before me, the undersigned, a Notary Public, this day personally came Diana Hinoiosa, who being first duly sworn, according to law, says that she is Credit Manager of the Corpus Christi Caller-Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, 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. which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on the World Wide Web on the Caller-Times Interactive on the 24TH day(s} of NOVEMBER, 2003. $58.39 TWO (2) Time{s} Credit Manager Subscribed and sworn to me on the date o~f.~ NOVEMBER 25, 2003. -~ ~' Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. Corpus Christi Caller-Times November 24, 2003 NOTICE OF PASSAGE OF ORDINANCE NO. 025560 Amending Section 33-79, Code of Ordinances, City Corpus regarding enlerin[ remaining on premises firearm; and providing for penalties, This ordinance was passed and approved by the City Council of the City o! Corpus Christi on November 18, 2003 /s/Armando Chapa City of