O-1388-1-96ORDINANCE NO. 1388-1-96
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUN'T'Y, TEXAS,
AMENDING CITY OF ALLEN ORDINANCE NO. 321, CODIFIED AS SECTION
10-1, FIREARMS, OF CHAPTER 10 OF THE ALLEN CODE OF ORDINANCES,
TO PROHIBIT CARRYING A FIREARM IN A CITY BUILDING-, REVISING
SUBSECTION (3) OF SECTION 11-39 OF CHAPTER 11, PARKS AND
RECREATION, OF THE ALLEN CODE OF ORDINANCES TO ALLOW
POSSESSION OF CONCEALED HANDGUNS IN CITY PARKS ONLY BY
PERSONS DULY LICENSED TO CARRY CONCEALED HANDGUNS BY THE
STATE OF TEXAS IN ACCORDANCE WITH THE PROVISIONS OF THE TEXAS
CONCEALED WEAPONS ACT, AND PROVIDING A SEVERABILITY CLAUSE,
A PENALTY CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, on November 20, 1980, by Ordinance No. 321, the City Council of the City of Allen
provided regulations for the discharging of firearms within the city limits and providing definitions of
various firearms; and,
WHEREAS, Ordinance No. 321 was codified as Section 10-1, Firearms, under Chapter 10, Offenses --
Miscellaneous, of the Code of Ordinances of the City of Allen; and,
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 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), Texas Revised Statutes, from carrying a concealed handgun in any building or
portion of a building owned by the business; and,
WHEREAS, the City Council of the City of Allen hereby finds and determines that it is necessary and
in the best interest of the city and its citizens to prohibit all persons except peace officers from carrying
a firearm in a city building; and,
WHEREAS, in conjunction with the addition of Article 4413 (29ee) to Title 70 of the Texas Revised
Statues, Section 215.001, Subsection (b) of the Local Government Code has been amended and provides
that a municipality may continue to regulate the carrying of a firearm by a person other than a person
licensed to carry a concealed handgun under Article 4413 (29ee) at a public park; and,
WHEREAS, on January 17, 1993, by Ordinance No. 1152-1-93, the City Council of the City of Allen
specified certain prohibited activities in all areas and facilities owned, leased or otherwise controlled by
the Parks and Recreation Department of the City of Allen; and,
WHEREAS, Ordinance No. 1152-1-93 was codified as Article III, Use of Public Parks, of Chapter 11,
Parks and Recreation, of the Code of Ordinances of the City of Allen; and,
WHIItEAS, the City Council of the City of Allen hereby finds and determines that it is necessary to
revise Subsection (3) of Section 11-39, Prohibited Acts, of Article III, of Chapter 11, Parks and
Recreation, of the Code of Ordinances of the City of Allen to allow possession of concealed handguns
in city parks only by persons licensed to carry concealed handguns by the State of Texas in accordance
with the provisions of the Texas Concealed Weapons Act.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS, THAT:
SECTION 1: Ordinance No. 321, codified as Section 10-1, Firearms, of Chapter 10, Offenses--
Miscellaneous, of the Code of Ordinances of the City of Allen, is hereby amended and shall include in
its entirety the following:
"(c) It shall be unlawful for any person, other than a peace officer, to carry a firearm
in any city building within the corporate limits of the city, regardless of whether or not
the person is duly licensed by the State of Texas to carry a concealed handgun."
SECTION 2: Subsection (3) of Section 11-39, Prohibited Acts, of Article III of Chapter 11, Parks and
Recreation, of the Code of Ordinances of the City of Allen, is hereby revised to read in its entirety as
follows:
"(3) (a) To carry a firearm in a city park, except those persons who are duly licensed by
the State of Texas to carry a concealed handgun in accordance with the
provisions of the Texas Concealed Weapons Act.
(b) To carry or discharge firearms (unless permitted under 3(a) above), fireworks,
airguns, bows and arrows, slingshots or any device which would or could project
any object which would or could create a fire hazard or any hazard or danger
to the public, except with written approval of the parks and recreation director."
SECTION 3: It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses, and phrases of this ordinance are severable; and if any phrase, 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: Any person violating any of the provisions or terms of this ordinance shall be deemed
guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed the sum of Five
Hundred Dollars ($500.00) for each offense.
SECTION 5: This Ordinance shall take effect from and after its passage and publication in
accordance with the provisions of the Charter of the City of Allen, and it is accordingly so ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS,
ON THE 4 T H DAY OF JANUARY, 1996.
APPROVED:
APPROVED AS TO FORM: ATTEST:
Ordinance No. 1388-1-96 page 2
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally
appeared DEBBIE TACKETT, who having been by me duly sworn,
on oath deposes and says:
That she is the General Manager of THE ALLEN AMERICAN, a
newspaper published in COLLIN COUNTY, TEXAS, not less frequently than
once a week, having a general circulation in said county, and having been
published regularly and continously for more than twelve (12) months
prior to publishing
Ordinance #1388-1-96
of which the attached is a true and written copy, and which was published
in THE ALLEN AMERICAN on
January 10 & Jtinuary 13, 1996
and which was issued on
January 10. 1996
by City of Allen of COLLIN COUNTY, TEXAS
A printed copy of said publication is attached hereto.
6eli
SUBSCRIBEDSWORN to before me this
day��J A. D. 19��
!/. a
NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS
Publisher's fee $ 49.50
V. A. TODD
*- W COMMISSION EXPIRES
:ATF Q„�+:• December 5, 1996
CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby given that the Allen
City Council adopted the following
'ordinance at their regular meeting held on
Thursday, January 4, 1996 (Title and
Penalty Clause only):
Ordinance No. 1388-1-96: An
'Or finance o t e City oT—Af en,Collin
County, Texas, Amending City of Allen
Ordinance No. 321; Codified as Section
10-1, Firearms, of Chapter 10 of the Allen
Code of Ordinances, to Prohibit Carrying
a Firearm in a City Building; Revising
Subsection (3) of Section 1 1-39 of
Chapter 11, Parks and Recreation, of the
Allen Code of Ordinances to Allow
Possession of Concealed Handguns in
City Parks only by Persons Duly Licensed
to Carry Concealed Handguns by the
State of Texas in Accordance with the
Provisions of the Texas Concealed
Weapons Act; and Providing a
Severability Clause, a Penalty Clause,
and an Effective Date.
Any person violating any of the
provisions or terms of this ordinance shall
be deemed guilty of a misdemeanor and
upon conviction shall be punished by a
fine not to exceed the sum of Five
Hundred Dollars ($500) for each offense.
A copy of this ordinance may be read
or purchased in the office of the City
Q Secretary, City of Allen, One Butler Circle,
Allen, Texas 75013.
/s/Judy Morrison
City Secretary_
CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby given that the Allen
City Council adopted the following
ordinance at their regular meeting held on
Thursday, January 4, 1996 (Title and
Penalty Clause only):
Ordinance No. 1388-1-96: An
Or finance o t e"City oFATFen,--Collin
County, Texas, Amending City of Allen
Ordinance No. 321, Codified as Section
10-1, Firearms, of Chapter 10 of the Allen
Code of Ordinances, to Prohibit Carrying
a Firearm in a City Building; Revising
Subsection (3) of Section 11-39 of
Chapter 11, Parks and Recreation, of the
Allen Code of Ordinances to Allow
Possession of Concealed Handguns in
City Parks only by Persons Duly Licensed
to Carry Concealed Handguns by the
State of Texas in Accordance with the
Provisions of the Texas Concealed
Weapons Act; and Providing a'
Severability Clause, a Penalty Clause,
and an Effective Date.
Any person violating any of the
provisions or terms of this ordinance shall
b4 deemed guilty of a misdemeanor and
i upon conviction shall be punished by a
fine not to exceed the sum of Five
Hundred Dollars ($500) for each offense.
A copy of this ordinance may be read
or purchased in the office of the City
Secretary, City of Allen, One Butler Circle,
Allen, Texas 75013.
/s/Judy Morrison
City Secretary