HomeMy WebLinkAboutOrdinance No. 2000-18 � ,�.., , • .
ORDINANCE NO. 2000-18
AN ORDINANCE OF THE CITY OF FRIENDSWOOD,
TEXAS, AMENDING THE CITY CODE OF ORDINANCES,
CHAPTER 54 OFFENSES AND MISCELLANEOUS
PROVISION,BY ADDING A NEW ARTICLE III, SECTIONS
54-40 THROUGH 54-55 TO PROHIBIT INTERFERENCE
WITH CITY OFFICERS AND EMPLOYEES; TO PROHIBIT
DISORDERLY CONDUCT IN CITY OFFICES; TO
PROVIDE A POLICY FOR PROTECTION OF CITY
EMPLOYEES SUBJECTED TO INTERFERENCE WITH
THEIR DUTIES; PROVIDING THAT THE CARRYING OF
CONCEALED WEAPONS INTO MUNICIPAL FACILITIES
OR MUNICIPAL PROPERTY IS PROHIBITED;
PROVIDING THAT A VIOLATION OF THIS ORDINANCE
SHALL CONSTITUTE A CLASS C MISDEMEANOR; AND
PROVIDING FOR MATTERS RELATED TO THE
SUBJECT.
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WHEREAS, the City of Friendswood is desirous of protecting its employees,
visitors to the City, its citizens, and municipal property; and
WHEREAS, the City expects certain standards of conduct from its employees,
and has similar expectations that visitors and citizens will treat City employees in a like
manner; and
WHEREAS, the City has in place procedures for citizen and employee
complaints of improper, inappropriate, or threatening behavior; and
WHEREAS, there have been recent incidents across the country and in the State
of Texas where employees found themselves in unsafe situations at the workplace; and
WHEREAS, the City Council wishes to make clear its intention to protect
employees, all citizens and municipal property, and to prosecute individuals who
interfere with the conduct of City business; and
WHEREAS, pursuant to the authority of Texas law, insofar as is practically
possible, the City Council wishes to further protect its employees, citizens, and other
users of City services and facilities from handgun violence, and other acts of violence,
and therefore adopts provisions prohibiting the carrying of prohibited or concealed
weapons, even if pursuant to a properly issued concealed weapons permit, onto City
property, or into City facilities;
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NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FRIENDSWOOD,TEXAS,THAT:
Section 1. There is hereby adopted a new Article III, Sections 54-40 through 54-55
of Chapter 54 of the City Code of Ordinances of the City of Friendswood to provide as
follows:
54-40. Policy and Intent.
It is the policy of the City of Friendswood to protect its employees,
its citizens, and municipal property, and further to provide its
employees with a safe workplace, free from abusive conduct,
harassment, verbal or physical abuse, or other conduct which
interferes with the efficient completion of City business.
Similarly, the City of Friendswood wishes to provide its citizens
and other users of City offices with polite, efficient and safe
customer service and municipal facilities. It is not the intent of this
Section to preclude individuals from City services, or to limit the
obtaining of information from City offices.
54-41. Interfering with City Officers and Employees. For the purposes of
this Section, an officer or employee includes any permanent or
temporary employee of the city, any work-study or educational
program hires, and the mayor, city council members, and the
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June 27, 2000
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members and alternate members of the boards, commissions and
committees listed in Section 2-106, Code of Ethics.
No person shall carelessly or willfully interfere with, hinder or
obstruct any officer or employee of the City who is engaged in, en
route to or returning from, the performance of official duties,
whether such interference, hindrance or obstruction is by threat,
assault,harassment, or other behavior.
54-42. Disorderly Conduct Generally.
Any person who shall do or engage in any of the following shall be
guilty of disorderly conduct and a Class B or C misdemeanor, in
accordance with Texas Penal Code Section 42.01:
(a) Act in a violent or tumultuous manner toward another,
whereby any person is placed in danger of safety of his life, limb
or health.
(b) Act in a violent or tumultuous manner toward another,
whereby public property or property of any other person is placed
in danger of being destroyed or damaged.
�c) Endanger lawful pursuits of another by acts of violence or
threats of bodily harm.
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(d) Cause, provoke or engage in any fight, brawl or riotous
conduct so as to endanger the life, limb, health or property of
another or public property.
(e) Assemble or congregate with another or others and cause,
provoke or engage in any fight of brawl.
(� Assemble in bodies or in crowds and engage in unlawful
activities.
(g) Assemble or congregate with another or others and do
bodily harm to another.
(h) By acts of violence, interfere with another's pursuit of a
lawful occupation, including the conduct of City business, whether
the person so interfered with is a City employee or an individual
conducting business with the City.
(i) Congregate with another or others in or on any public way
or in a public building so as to halt the flow of vehicular or
pedestrian traffic and refuse to clear such public way when ordered
to do so by a peace officer, a supervisor, or other person having
authority.
54-43. Other Prohibited Conduct.
In order to conduct City business in a prompt, orderly and efficient
manner, the following conduct shall be prohibited, and an one
who engages in such conduct, either on City premises or b
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telephone, electronic computer email or regular mail, shall be
guilty of trespass, disorderly conduct, harassment or stalking, as
appropriate under Texas Penal Code Sections 30.05, 42.01, 42.07
or other applicable laws.
(a) Physical abuse or assault of City employees, other citizens
or users of City facilities, or other individual on City property.
Such behavior includes, but is not limited to, unwanted touching,
or sexual harassment.
(b) Verbal abuse of City employees, other citizens or users of
City facilities, or other individuals on City property. Such
behavior includes but is not limited to the use of obscene
language, threatening language, sexual harassment, badgering of
employees, or
(c) Harassment or intimidation of employees, citizens, ar other
users of City facilities and functions. This includes behavior
described above in subsections (a) and (b), and also includes
behavior which threatens or intimidates an individual, such as
stalking.
(d) Interfering with the completion of work related duties by
employees.
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Sections 54-44 through 54-49 Reserved.
54-50. Firearms—Carrying prohibited.
A. As used in this section, the following words shall have the
meanings ascribed herein:
1. "Firearm" means any device designed, made or
adapted to expel a pro_jectile through a barrel by
using the energy generated by an explosive or
burning substance or any device readily convertible
to that use.
2. "Handgun" has the meaning assigned by Section
46.01, Penal Code.
3. "Concealed handgun" means a handgun, the
presence of which is not openly discernible to the
ordinary observation of a reasonable person.
4. "Public meetin� of the city" means all meetings,
notice of which has been posted pursuant to the
O�en Meetings Law or city policy, and any other
meeting of the mayor or city council or its individual
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members to which members of the public have been
invited to attend.
B. It is unlawful for a person, other than a person licensed to
carry a concealed handgun under the authority of Section
411.171, et seq. Texas Government Code, to carry a fireartn
at a:
1. Public park;
2. Public meeting of the city;
3. Political rally, parade or other official political
meeting, unless the parade permit approved by the
city council specifically authorizes the carrying of
unloaded firearms during the parade;
4. Non-firearms-related school, college or professional
athletic event.
C. The City Manager, or his designee, is authorized to place or
permit the placement of signs on all property and buildin�s,
including any portion thereof, which are owned, leased,
controlled, operated, used or managed by the city, which
give notice, as provided by Section 30.05, Texas Penal
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Code, that entry onto the city owned, leased, controlled,
operated, used or managed property and buildings, or
portions thereof, by persons carrying concealed hand�uns or
other weapons is forbidden. All city employees, independent
contractors of the city, and persons holding a security officer
commission issued by the Texas Board of Private
Investigators and Private Security Agencies while
performing contracted security services for the city are
authorized to give a verbal notice, as provided by Section
30.05, Texas Penal Code, that entry onto city owned, leased,
controlled, operated, used or managed property and
buildings, or portions thereof, by persons carrying concealed
handguns or other weapons is forbidden.
All persons, who enter or remain on property or buildings, or any portion
thereof, which are owned, leased, controlled, operated, used or managed by
the city, contrary to a posted or verbal notice shall be considered trespassers.
D. This section shall not apply to law enforcement officers
licensed or commissioned pursuant to federal or state law,
persons holding a security officer commission issued by the
Texas Board of Private Investi�ators and Private Security
Agencies while in the performance of their official duties, or
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members of the armed forces or national guard while in the
performance of their official duties.
54-51. Penalties.
(a) Individuals believed to be violating the above standards
shall be cited to appear before the appropriate court.
(b) Penalties shall be as established by law.
(c) Penalties may include the exclusion of an individual from
certain or all City facilities.
Sections 54-52–54-55 Reserved.
Section 2. In the event any clause phrase, provision, sentence, or part of this
Ordinance or the application of the same to any person or circumstances 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 such part thus declared to be invalid or
unconstitutional,whether there be one or more parts.
PASSED AND APPROVED on first reading this lOth day of
July , 2000.
PASSED, APPROVED, and ADOPTED on second and final reading this
24th day of July , 2000.
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Harold L. Whitaker
Mayor
ATTEST:
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D loris McKenzie, T C
City Secretary
MOTION: COUNCZLMEMB�R MEL MEASELES
2ND: COUNCILMEMBER KITTEN BRIZFNDINE
AP�ROVED; 5-1 (Larry Taylor Onposed)
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