HomeMy WebLinkAboutPO 7305: AMEDING CHAPTER 62 ARTICLE II, DISCHARGING OF WEAPONS AND INCENDIARY ITEMS, ON CITY PROPERTY City of
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INTEROFFICE MEMORANDUM
Date: December 31, 2024
To: The Honorable Mayor and City Council
Through: Ronald Burton, CPM, City Manager
From: Timothy W. Duriso, Chief of Police
RE: PO 7305—Ordinance amending Chapter 62 Article II(Offense), Section 62-62
(Carrying or discharging weapons on city property more specifically Port
Arthur Police Department Firing Range) and 62-36 (Weapons) of the Code of
Ordinances of the City of Port Arthur.
Introduction:
The intent of this Agenda Item is to seek the City Council's approval to amend Chapter 62
Article II (Offense), Section 62-62 (Carrying or discharging weapons on city property) and 62-
63 (Weapons) of the Code of Ordinances of the City of Port Arthur.
Background:
The Port Arthur Police Chief would be requesting to amend Section 62-62 (Carrying or
discharging weapons on city property and 62-63 (Weapons). The Police Department was
granted in FY 24-25 budget the authorization to build a new firearms training facility. With
the new facility administration identified that there would need to be a change to the ordinance
as it pertains to Carrying or discharging weapons on city property. More specific the Port
Arthur Police would allow authorization for a person being accompanied by a Port Arthur
Police Officer at the new Firearms Training Facility to utilize a weapon while at the training
facility.
Budget Impact:
There is no budgetary impact.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
City of
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Recommendation:
It is recommended that the City Council approve the amendment to Sec. 62-62 (Carrying or
discharging weapons on city property) of Article II of Chapter 62 (Offense) of the Code of
Ordinances of the City of Port Arthur.
"Remember, IN e are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
P. O. NO. 7305
01/06/2025 jlh
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, the Police Department was allocated funding in the FY 24-25 budget to
have a new firearm training facility on Pleasure Island; and
WHEREAS, with the allocation of a new firearms training facility, Administration
identified that the ordinance as it pertains to carrying or discharging a weapon on city property
needed to be amended; and
WHEREAS, the amendment would allow a citizen accompanied by a Port Arthur Police
Officer to discharge a weapon while on city property as long as they are accompanied by a
Police Officer at the Port Arthur Police Department Firing Range facility; and
WHEREAS, the Chief of Police is requesting to amend Sections 62-62(b) and 62-63(c);
as it is deemed in the best interest of the citizens of Port Arthur to amend those sections as
denoted in the attached Exhibit "A".
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."
Section 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.
s.po7305
READ, ADOPTED, AND APPROVED, this day of , 2025, A.D., at a
Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote:
AYES:
Mayor:
Councilmembers:
NOES:
Thurman Bill Bartle, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS -F-0 M:
Roxann Pais Cotroneo, City Attorney
APPROVED DMINISTRATION:
Ron Burton, CPM Manager Tim y Duriso, Chief of Police
s.po7305
EXHIBIT "A"
s.po7305
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, or persons accompanied by a Port Arthur
Police Officer at the Port Arthur Police Department Firing Range.
(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;Ord. No. 23-64, §2(Exh.A),
11-21-2023)
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: 2024-06-24 13:16:48 [EST]
(Supp.No.45)
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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, or persons
accompanied by a Port Arthur Police Officer at the Port Arthur Police Department Firing Range.
(Code 1961, §§ 14-22-14-24;Ord. No. 23-64, §2(Exh.A), 11-21-2023)
State law reference(s)—Discharging weapons in public places,V.T.C.A., Penal Code§42.01.
Created: 2024-06-24 13:16:48 [EST]
(Supp.No.45)
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