HomeMy WebLinkAboutPO 7210: CARRYING OR DISCHARGING WEAPONS ON CITY PROPERTY P. O. NO. 7210
11/14/2023 gt
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 62 (OFFENSES), ARTICLE II
(WEAPONS AND INCENDIARY ITEMS), SECTION 62-62 (CARRYING OR
DISCHARGING WEAPONS ON CITY PROPERTY) AND SECTION 62-63
(WEAPONS) OF THE CODE OF ORDINANCES OF THE CITY OF PORT
ARTHUR
WHEREAS, a public safety exception is necessary for law enforcement training
purposes.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That Chapter 62, Article II, Sections 62-62 (b) and 62-63 (c) of the Code
of Ordinances be amended as denoted in the attached "Exhibit A."
ISection 3. That this Ordinance shall be effective immediately.
Section 4. That a copy of the caption of this Ordinance be spread upon the minutes
of the City Council.
READ, ADOPTED, AND APPROVED, this day of , 2023, A.D., at a
Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote:
i AYES:
Mayor: ,
Councilmembers: ,
NOES:
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Thurman Bill Bartie, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
'
Valecia R. Tizeno, Attorney
APPROVED FOR ADMINISTRATION:
Ron Burton, City Manager
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EXHIBIT "A"
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Sec. 62-62. Carrying or discharging weapons on city property.
(a) City property defined. As used in this section,the term "properties or buildings of the city"shall be construed
to include,without limitation, all parks and recreation areas, including playgrounds,golf courses, swimming
pools, marinas,the grounds and buildings of the City Hall,the city health department,the city water and
wastewater treatment plants and lift stations,elevated water storage tanks and towers,the city garages and
service stations,the city operations center and the city electrical department,the city drainage pump
stations,the city animal pound,the city water reservoirs,fences and structures, and all other grounds and
buildings of the city.
(b) Prohibited acts. It shall be unlawful for any person upon any properties or buildings of the city within the
corporate limits to discharge any firearms of any kind, including air guns and bow and arrows and slingshots,
or to throw stones or other missiles within, across or onto any area not designated for that purpose.This
provision does not apply to licensed peace officers acting within the course and scope of their employment
or training activities sponsored by a law enforcement agency.
(c) The city council recognizes that it has limited authority to prohibit a license holder from carrying a handgun
in city facilities to which the general public has access.Therefore,the city council authorizes that notice be
provided that carrying a handgun is only prohibited from certain facilities as provided by law.The city council
authorizes that notice be given pursuant to V.T.C.A., Penal Code§§30.06 and/or 30.07.
(1) The placement of a sign at the following meeting locations prohibiting handguns is authorized at the
following meeting locations:
• Port Arthur City Council meetings at the City Council Chamber at 444 Fourth Street.This is only
applicable to City Council Chambers/meeting room while a meeting is being conducted.
• Boards and commission meetings of the City of Port Arthur.
• Any other open meetings of the City of Port Arthur that is subject to the Open Meetings Act at
various locations while a meeting is being conducted.
(2) Signs will also be placed at:
• The municipal court and its administrative offices at 645 Fourth Street.
• Polling places for city elections at various locations on the day of an election or while early voting
is in progress.
(Code 1961,§ 14-3.1;Ord. No.09-57, §2,8-11-2009;Ord. No. 16-07, §2, 1-12-2016)
Sec. 62-63. Weapons.
(a) Definitions. The following words,terms and phrases,when used in this section,shall have the meanings
ascribed to them in this subsection,except where the context clearly indicates a different meaning:
Firearm means any device designed, made or adapted to expel a projectile through a barrel by using
the energy generated by an explosion or burning sensation or any device readily convertible to that use.
Handgun means any firearm that is designed, made or adapted to be fired with one hand.
Water pistol, air pistol, air gun, air rifle means any instrument fired or discharged by human beings,
wherein a pellet, charge or load is hurled from such instrument upon the release of a compressed spring,
compressed air or a compressed fluid of any sort.
Created: 2023-11-14 12:32:55 [EST]
(Supp. No.44)
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(b) Carrying loaded. Except as to those persons authorized by state law, it shall be unlawful for any person to
carry or transport within the city any firearm,air gun,air pistol,air rifle or water pistol loaded with a
cartridge or pellet,whether combustible or not.
(c) Discharge prohibited;public safety and other exceptions. It shall be unlawful for any person to discharge,fire,
explode, use or set off any kind or character of firearm,water pistol,air gun,air rifle, air pistol or similar
device,on, upon or across any public street, alley,square, park or public property within the city; provided,
however,that nothing in this section shall apply to duly authorized police officers,sheriffs,constables and
other law enforcing officers of the city,state,county or nation, acting within the course and scope of their
employment or training activities sponsored by a law enforcement agency. It shall be unlawful for any
person to discharge within the corporate limits of the city a rifle or any other firearm using ball ammunition;
except, however, handguns and shotguns.There is no prohibition pertaining to the discharge of weapons,
firearms, etc.applicable to duly authorized police officers,sheriffs,constables and other law enforcing
officers of the city,state,county or nation, or for public safety reasons by the aforementioned officials.
Created: 2023-11-14 12:32:55 [EST]
(Supp.No.44)
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