HomeMy WebLinkAbout2016-R-01 - Firearms Carry in City BuildingsCITY OF STEPHENVILLE
Resolution No. 2016-11-01
A RESOLUTION REGARDING THE CITY'S PROHIBITION OF THE CARRYING OF OPENLY CARRIED
HANDGUNS IN CITY COUNCIL CHAMBERS IN CITY HALL, PROHIBITING FIREARMS IN CITY BUILDINGS,
PROHIBITING CITY EMPLOYEES WITH A LICENSE TO CARRY A HANDGUN FROM OPENLY CARRYING A
HANDGUN WHILE ON DUTY, AUTHORIZING THE CITY ADMINISTRATOR TO TAKE REASONABLE AND
NECESSARY STEPS TO ACCOMPLISH THE INTENT OF THIS RESOLUTION, PROVIDING AN EFFECTIVE DATE,
AND A SEVERABILITY CLAUSE.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE:
Definitions:
1. Council Chambers is the first floor furthest eastside room of 298 W. Washington Street, where the
City Council customarily meets or other room or rooms in City Hall or other city -owned buildings
where and when the city council is actually meeting as a governmental entity.
2. Peace Officer is a person licensed by TCOLE as a peace officer or any officer appointed by a federal
law enforcement agency who, as a part of his or her duties, has authority to be armed and to
make arrests for federal law violations.
3. License to carry a handgun is the Texas license issued to persons allowed to carrya handgun either
concealed or openly in a belt or shoulder holster. [Texas Government Code Subchapter H, Chapter
411]
4. 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 substance or any device readily convertible
to such use. [Texas Penal Code §46.01(a)(3)] The term firearm shall also include air guns, air
pistols, air rifles and all other firearms using air or gas pressure to propel a projectile.
5. Handgun means any firearm designed, made or adapted to be fired with one hand. [Texas Penal
Code §46.01(a)(5)]
6. Concealed handgun means a handgun, the presence of which is not openly discernable to the
ordinary observation of a reasonable person. [Texas Government Code §411.171(3)]
7. Open or Openly Carrying a handgun means a handgun carried in a belt orshoulder holster partially
or fully in plain view.
8. Premises means a building or portion of a building. The term does not include any public or private
driveway, street, sidewalk, parking lot, parking garage or other parking area. [Texas Penal Code
46.035(f)(3)1
Handgun Resolution —Page 1
Section 1:
It is the intent of the City Council to prevent persons from carrying or possessing openly carried handguns
by persons licensed to carry a handgun in Council Chambers during meetings therein of the city council
during open meetings subject to the Texas Open Meetings Act, and such action is hereby prohibited.
Section 2:
The prohibition in Section 1 does not apply to peace officers and other persons specifically allowed by law
to carry firearms or afforded an affirmative defense to prosecution by law for possession of firearms at
meetings of a governmental entity not generally available to the public.
Section 4:
It is the intent of the City Council to prevent the open carry of handguns by employees of the City of
Stephenville while on duty on any city premises, property, vehicle, or any other public or private place,
and such action is hereby prohibited.
Section 5:
The prohibition of Section 4 does not apply to any city employee who is a peace officer or other persons
specifically allowed by law to carry firearms or afforded an affirmative defense to prosecution by law for
possession of firearms at meetings of a governmental entity not generally available to the public.
IV.
The City Council directs the City Administrator (or his or her designee) to properly and prominently post
appropriate signage and to provide such other notice, including that specified in Texas Penal Code
Sections 30.05, 30.06, and 30.07, to carry out the council's intent stated above. Further, the City
Administrator (or his or her designee) is to make appropriate notices and changes to the City of
Stephenville personnel policies, manuals, and handbooks to inform city employees —present and future —
of this resolution and particularly with III, Sections 4 and 5, and to enforce the same.
V.
The City Council directs the City Administrator to take all steps reasonable and necessary to enforce the
prohibitions and preventions intended by the council in this resolution which shall be the policy of the
city, including prosecutions of such violations forthe offense of criminal trespass or other applicable laws.
Handgun Resolution —Page 2
VI.
It is the intention of the City Council that this resolution, and every provision thereof, shall be considered
severable, and the invalidity or unconstitutionality of any section, clause, provision or portion of this
resolution shall not affect the validity or constitutionality of any other portion of this resolution.
VII.
That this resolution shall take effect immediately from and after its date of passage.
PASSED AND APPROVED by the Council this 5tn day of January, 2016.
rOt�i`�
Jerr�K. W don II, Mayor
ATTEST:
Cindy L. S eord, City Secre
Patrick C. Bridges, Cit inistrator
Reviewed
Randy Thomas, City Attorney
Approved as to form and legality
Handgun Resolution —Page 3