ORD 1995-41 - Restrict Pocession of Firearms 12-12-1995ORDINANCE NO. 95-41
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, RESTRICTING THE POSSESSION
OF FIREARMS ON CITY PREMISES; AMENDING THE
PERSONNEL RULES OF THE CITY OF HUNTSVILLE BY
PROHIBITING THE POSSESSION OF FIREARMS IN CITY
BUILDINGS AND ON CITY PARKS; AMENDING THE CODE
OF ORDINANCES TO PROHIBIT THE POSSESSION OF
FIREARMS IN CITY BUILDINGS AND CITY PARKS;
PROVIDING A PENALTY NOT TO EXCEED $500 FOR
EACH VIOLATION; PROVIDING FOR THE PUBLICATION
AND EFFECTIVE DATE; AND MAKING OTHER
PROVISIONS RELATED THERETO.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,
that:
SECTION 1: Chapter 10, Conduct, of the Personnel Rules of the City of Huntsville, Texas, is
hereby amended by the addition of Section 16 to read:
Section 16. City employees prohibited from carrying weapons on City property:
exceptions.
A. Employees of the City may not have on their person, either concealed or
unconcealed, or in their immediate possession, or bring onto any premises of the
City any firearm, gun, pistol or other similar item, regardless whether the person
is licensed by the State of Texas to carry a concealed weapon.
B. The following City of Huntsville employees are authorized to carry firearms or
other weapons when the firearm is issued to them or approved by the City:
1) Police;
2) Security guards;
3) Court bailiffs; or
4) Specially deputized employees of the City.
SECTION 2: Chapter 13, Offenses and Miscellaneous Provisions, of the Code of Ordinances of the
City of Huntsville is hereby amended by the addition of new Section 13 -6.2 to read:
Section 13 -6.2. Possession o„tfirearms on CitXpremises prohibited.
A. A person commits an offense if the person carries a firearm in any City building.
B. A person commits an offense if the person carries a firearm in any City park.
C. It is a defense to prosecution under subsections A and B that the person possessed
the firearm while in the actual discharge of official duties as:
1) a peace officer or a member of the armed forces or national guard or a
guard employed by a penal institution, or an officer of the court, or
2) a security officer commissioned by the Texas Board ofPrivate Investigators
and private security agencies if
a) the person is wearing a distinctive uniform; and
b) the firearm is in plain view.
D. It is a defense to prosecution under subsection B that the State of Texas licensed
the person to carry a concealed handgun.
E. "City Building" means any building or portion of a building owned, occupied,
leased or controlled by the City of Huntsville, 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 area.
SECTION 3: The City Manager is directed to post City buildings and parks with notices in
substantially the following form:
FIREARMS PROHIBITED
City Ord. No.
SECTION 4: Any person, firm or corporation violating any provision of this ordinance or failing
to comply with any requirement of the ordinance will be guilty of a misdemeanor and
subject to a fine of up to five hundred ($500.00) dollars upon conviction. Each day
during or upon which a person shall violate or continue violation of any provision of
this ordinance shall constitute a distinct and separate offense. The violation of any
provision of the ordinance or the failure to comply with any requirement of this
ordinance shall each constitute a distinct and separate offense. Texas Local
Government Code § 53.001 and § 54.001.
SECTION 5: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for
any reason held invalid or unconstitutional, such portion shall be deemed a separate,
distinct and independent provision and such holding shall not affect any of the
remaining provisions of this ordinance.
SECTION 6: All ordinances and parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to
the extent of such inconsistency and in all other respects this ordinance shall be
cumulative of other ordinances regulating and governing the subject matter covered
by this ordinance.
SECTION 7: This ordinance shall take effect ten (10) days after its passage by the City Council.
The City Secretary shall publish the caption of this ordinance in the official City
newspaper at least twice within ten (10) days of its passage. Texas Local
Government Code § 52.013.
PASSED AND APPROVED THIS 12TH DAY OF DECEMBER, 1995.
THE CITY OF HUNTSVILLE
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William B. Green, Mayor
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Danna Welter, City Secretary
APPROVED:
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Scott Bounds, City Attorney