96-03 O - Prohibition of Fire Arms in City Buildings CITY OF PROSPER, TEXAS ORDINANCE NO. 96-03
AN ORDINANCE OF THE CITY OF PROSPER, TEXAS ESTABLISHING A
COMPREHENSIVE PROHIBITION AGAINST CARRYING FIREARMS IN CITY
BUILDINGS REGARDLESS OF AN INDIVIDUAL BEING DULY LICENSED TO
CARRY CONCEALED HANDGUNS BY THE STATE OF TEXAS IN
ACCORDANCE WITH THE PROVISIONS OF THE TEXAS CONCEALED
WEAPONS ACT; ESTABLISHING THE POSTING OF SIGNS NOTIFYING OF THE
PROHIBITION THEREOF; PROVIDING FOR EXCEPTIONS FOR DULY
LICENSED PEACE OFFICERS BY THE STATE OF TEXAS; PROVIDING FOR A
PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR
SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN
EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, the 74th Legislature of the State of Texas has amended Title 70 of the
Revised Statutes by adding Article 4413 (29ee), more commonly referred to as the"Texas
Concealed Weapons Act", which became effective on September 1, 1995, and which sets forth
regulations for carrying concealed handguns and allows businesses, both public and private,to
prohibit persons who are licensed under Article 4413 (29ee) after January 1, 1996, from carrying
a concealed handgun on the premises of the business;
WHEREAS, the City Council of the City of Prosper, Texas ("City Council") finds that it is
necessary for the protection and safety of the employees of Prosper, and that it is in the best
interest of the citizens of the City of Prosper, Texas ("Prosper") to prohibit all persons, except
duly licensed peace officers, from carrying a firearm into any building or portion of a building
owned, leased or otherwise used by Prosper.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PROSPER, TEXAS, THAT:
Section 1: Firearms.
(a) It shall be unlawful for any person, other than a peace officer, to carry a firearm in
any City building, regardless of whether or not the person is duly licensed by the State of Texas to
carry a concealed handgun.
(b) It shall be unlawful for any person to discharge any BB gun, pellet gun, gun, pistol,
rifle, or firearm of any kind within the City limits, except within a properly secured indoor
firearms range, constructed and maintained in accord with National Rifle Association
specifications and standards or upon a range owned and operated by a governmental entity..
(c) . The term "City building" as used in this section is defined as any building or
portion of a building owned, occupied, leased, or controlled by Prosper for City operations and
activities.
ORDINANCE PROHIBITING FIREARMS IN CITY BUILDINGS-Page 1
1/17/96 12:02 pm L:\NIBOX8\PROSPER\WEAPON.ORD
(d) The term "handgun" as used in this section is defined as any firearm that is
designed, made, or adapted to be fired with one hand, and the term "concealed handgun" as used
in this section is defined as a handgun, the presence of which is not openly discernible to the
ordinary observation of a reasonable person.
(e) The terms "gun," "pistol," rifle," and "firearm" as used in this section shall not only
be defined as to include all percussion weapons, but shall also include all air guns, air pistols, air
rifles, and all other firearms using air pressure to propel a projectile.
(f) This section shall not be construed to prohibit any peace officer from discharging a
firearm in the performance of his duty, nor to prohibit any citizen from discharging a firearm when
lawfully defending person or property.
(g) Signs shall be posted in City buildings notifying of the prohibitions contained in
this Ordinance.
Section 2: Penalty.
Any person, firm or corporation who violates any provision of this Ordinance shall be
deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Five
Hundred Dollars ($500.00) for each such violation, and each and every day such violation
continues shall be considered a separate offense; provided, however, such penal provision shall
not preclude a suit to enjoin such violation.
Section 3: Severability.
It is hereby declared to be the intention of the City Council that the sections, paragraphs,
sentences, clause, sentence or section of this Ordinance shall be declared unconstitutional or
invalid by any judgment or decree of a Court of competent jurisdiction, such unconstitutionality or
invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or section of this
Ordinance; and the City Council hereby declares it would have passed the remaining portions even
though it had known the affected parts would be held unconstitutional.
Section 4: Repealing and Savings Provisions.
All Ordinances or provisions of Ordinances in conflict with this Ordinance are hereby
repealed to the extent they are in conflict. Any remaining provisions of conflicting ordinances
shall remain in full force and effect.
Section 5: Effective Date and Publication.
The caption of this Ordinance shall be published one (1) time in a newspaper
having general circulation in Prosper, and shall be effective immediately upon its passage and
publication.
ORDINANCE PROHIBITING FIREARMS IN CITY BUILDINGS-Page 2
1/17/96 12:02 pm L:\MBOX8\PROSPER\WEAPON.ORD
•
L.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
PROSPER, TEXAS, on the 13 day of FEBRUARY , 1996.
StE N COFFM
Mayor, City of Prosper
ATTEST: APPROVED AS TO FORM:
S�` EY C O Abernathy, Roeder, Robertson& Joplin, P.C.
City Secretary D. KAY WOODS
City Attorneys
DATE OF PUBLICATION IN THE MCKINNEY COURIER GAZETTE: F F B R U A RY 2 1 , 1 9 9 6
ORDINANCE PROHIBITING FIREARMS IN CITY BUILDINGS-Page 3
1/17/96 12:02 pm L:\1vIBOX8\PROSPER\WEAPON.ORD
•