HomeMy WebLinkAboutOrdinance No. 2013-21 (Title: An ordinance amending Chapter 58 of the Code of Ordinances pertaining to the
possession or discharge of weapons within a park.)
ORDINANCE NO. 2013-21
AN ORDINANCE AMENDING CHAPTER 58 OF THE
CODE OF ORDINANCES OF THE CITY OF
FRIENDSWOOD, TEXAS, TO PROVIDE FOR
CONSISTENCY WITH STATE LAWS GOVERNING THE
POSSESSION OF FIREARMS WITHIN CITY PARKS; AND
PROVIDING FOR SEVERABILITY.
WHEREAS, Section 58-85 of the Code of Ordinances of the City of Friendswood, Texas
provides, among other things, that it is unlawful for any person to carry or possess any firearm of
any description within a City park; and
WHEREAS, Section 229.001(b)(6) provides that a municipality may regulate the
carrying of a firearm by a person other than a person licensed to carry a concealed handgun at,
among other places, a public park; and
WHEREAS, the City of Friendswood wishes to amend Section 58-85 of the Code of
Ordinances in order to make this section consistent with the above-referenced state law;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, STATE OF TEXAS:
Section 1. The facts and matters set forth in the preamble of this Ordinance are
hereby found to be true and correct.
Section 2. Chapter 58-85 of the Code of Ordinances of the City of Friendswood,
Texas is hereby amended to hereafter read as follows:
"Sec. 58-85. —Possession or discharge of weapons prohibited.
It shall be unlawful for any person, other than a person licensed to carry a
concealed handgun under Subchapter H, Chapter 411, of the Texas Government Code, to
carry or possess any firearm of any description, air rifle, spring gum, bow and arrow,
sling, or any other form of weapon potentially inimical to wildlife and dangerous to
human safety, or any instrument that can be loaded with and fire blank cartridges, or any
kind of trapping device within a park. Discharging any weapons within park areas or into
park areas from beyond park boundaries is unlawful and strictly prohibited."
Section 3. In the event any section, paragraph, subdivision, clause, phrase, provision,
sentence, or part of this Ordinance or the application of the same to any person or circumstance
shall for any reason be adjudged invalid or held unconstitutional by a court of competent
jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or
provision hereof other than the part declared to be invalid or unconstitutional; and the City
Council of the City of Friendswood, Texas declares that it would have passed each and every
part of the same notwithstanding the omission of any and every part of the same notwithstanding
the omission of any such part thus declared to be invalid or unconstitutional, or whether there be
one or more parts.
PASSED AND APPROVED on first reading this 3rd day of June , 2013.
PASSED,APPROVED, AND ADOPTED on second and final reading this I't day of
July, 2013.
Kevin M. and
Mayor
ATTEST: '
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Melinda Welsh, TRMC ;*
City Secretary
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Ord 2013-21 2