Ordinance No. 7,578Published iu The Baytown Sun on 951214 -2
Tuesday, December 19, 1995,
Wednesday, December 20, 1995. ORDINANCE NO. 7578
® AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 17 "MISCELLANEOUS PROVISIONS AND OFFENSES,"
ARTICLE I "IN GENERAL," BY ADDING SECTION 17 -2.5
"CARRYING FIREARMS" TO THE CODE OF ORDINANCES OF THE CITY
OF BAYTOWN, TEXAS; PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 17 "Miscellaneous Provisions and
Offences," Article I "In General" is hereby amended to add Section
17 -2.5 "Carrying Firearms" to the Code of Ordinances of the City of
Baytown, Texas, to read as follows:
ARTICLE I.
IN GENERAL
Sec. 17 -2.5. Carrying Firearms.
(a) Definitions. The following words and phrases, when used
in this section, shall have the following meanings:
(1) Airgun means an airgun, air pistol, air rifle, or
any other device using air pressure to propel a
projectile through a barrel.
(2) Building means any enclosed structure intended for
use or occupation as a habitation or for some
purpose of trade, manufacture, ornament or use.
(3) City premises shall mean a building or any portion
thereof, and real property or any portion thereof,
owned, leased, occupied or in any manner controlled
by the city. However, city premises shall not
include parks, driveways, streets, parking lots,
parking garages, or other parking areas owned or
operated by the city, nor shall such term include
sidewalks and walkways which are not adjacent to
• real property or a building or portion thereof
owned leased, occupied or in any manner controlled
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by the city and used as a means of ingress and
® egress. '
(4) Enter or Entry means the intrusion of the-entire
body.
(5) Firearm means (i) any device designed, made or
adapted to expel a projectile through a barrel by
using the energy generated by an explosion or
burning substance, or any device readily
convertible to that use or (ii) an airgun.
(6) Notice means (i) oral or written communication by
the city through its city manager or his designee;
(ii) fencing or other enclosure obviously designed
to exclude intruders; or (iii) a sign or signs
posted on the premises or at the entrance to the
building, reasonably likely to come to the
attention of intruders, indicating that entry is
forbidden.
(b) Carrying firearms prohibited. Except as provided in this
section, a person carrying a firearm, whether the firearm
is concealed or unconcealed, may not enter or remain on
city premises.
(c) Notice. Notice that entry is forbidden to anyone
carrying a firearm not permitted by this section and that
anyone found carrying a firearm not permitted by this
section on city premises must depart shall be given at
all city premises in which entry to the premises is
forbidden. Such notice shall be given in both English
and Spanish that it is unlawful to carry a firearm on the
premises. The sign shall appear in contrasting colors
with block letters at least one inch (111) in height and
shall be displayed in a conspicuous manner clearly
visible to the public. The notice shall read
substantially as follows:
Entry onto these premises while carrying
a firearm, whether the firearm is
concealed or unconcealed, is prohibited
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beyond this point. Entry onto these
® premises while carrying a firearm may
subject you to prosecution for criminal
trespass under Section 30.05 of the Texas
Penal Code.
-.
(1) This section does not apply to a peace officer or a
commissioned security officer hired by or under
contract with the city and acting within the scope
of that employment, or to a peace officer of
another governmental unit lawfully acting within
the scope of that peace officer's duties.
(2) A person may transport, demonstrate and display a
firearm for the purposes of show or sale on city
premises in connection with an event approved by
the city manager or his designee, subject to any
terms and conditions which the city manager or his
designee may require.
Section 2: All ordinances or parts of ordinances
inconsistent with the terms 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 3: if any provision, section, exception,
subsection, paragraph, sentence, clause or phrase of this ordinance
or the application of same to any person or the set of
circumstances, shall for any reason be held unconstitutional, void
or invalid, such invalidity shall not affect the validity of the
remaining provisions of this ordinance or their application to
other persons or sets of circumstances and to this end all
provisions of this ordinance are declared to be severable.
Section 4: This ordinance shall take effect from and after
ten (10) days from its passage by the City Council. The City Clerk
is hereby directed to give notice hereof by causing the caption of
this ordinance to be published in the official newspaper of the
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® City of Baytown at least twice within ten (10) days after passage
of this ordinance.
INTRODUCED, READ, and PASSED by the affirmative vote of the
City Council of the City of Baytown, this the 14th day of December,
1995.
PETE C. ALFARO, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, SR VCity Attorney
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