Loading...
HomeMy WebLinkAboutOrdinance No. 409 CITY OF THF~ COLONY, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OP THE CO ,ONY, TEXAS PROHIBITING THE POSSESSION BY JUVENILES OF DANGEROUS WEAPONS UPON THE STREETS, PARKING LOTS, PARKS AND OTHER'PUBLIC PLACES WITHIN THE CITY; PROVIDING DEFI- NITIONS; PROVIDING DEFENSES TO PROSECUTION; ESTAB- LISHING PARENTAL RESPONSIBILITY; PROVIDING FOR POLICE PROCEDURES; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; RE- PEALING INCONSISTENT ORDINANCES; PROVIDING A SEVER- ABILITY CLAUSE; DECLARING AN EMERGENCY AND PRO- VIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of The Colony, Texas (the "City") has an interest in protecting minors due to their peculiar vulnerability to make critical decisions in an informed, mature manner as a result of their lack of experienee, perspective and judgment; and WHEREAS, the City Council has an interest in controlling the possession by minors of all types of dangerous weapons upon the streets, parking lots, parks and other public places within the City; and WHEREAS, the City has experienced within recent months an increase in the misuse of dangerous weapons by minors; and WHEREAS, there has been a noticeable increase in the potential dangers and risks incident to minors possessing dangerous weapons in the streets, parking lots, public parks and other public places within the City; and WHEREAS, the City Council desires to regulate the possession of weapons by minors on the streets, parking lots, public parks and other public places within the City, for the good and benefit of the minors and for the public health, safety, morals and welfare of the citizens of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That all of the above premises are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Section 2. Definitions. In connection with this ordinance, the following phrases and words shall apply: a. City - City of The Colony, Texas b. Minor - Any person under eighteen (18) years of age. That a person is a minor may be rebutted by proof that the person, although under eighteen (18) years of age, is or has been married or has had disability of minority removed for general purposes. c. Parent - Any person having the legal custody of a minor (i) as a natural or adoptive parent; (ii) as a legal guardian, (iii) as a person who stands in loco parentis, or (iv) as a person to whom legal custody has been given by court order. d. Parking Lot - An area, whether paved or unpaved, whether public or private, used or intended to be used for the storage or parking of vehicles. e. Street - A way or place, of whatever nature, open to the use of the public as a matter of right for purposes of vehicular travel or in the case of a sidewalk thereof for pedestrian travel. The term "street" includes the legal right of way, including but not limited to traffic lanes, curbs, sidewalks, whether paved or unpaved, and any grass plots or other grounds found within the legal right of way of a street. The term "street" applies irrespective of what it is called or formally named, whether alley, avenue, court, road or otherwise. f. Year of Age continues from one birthday, such as the sixteenth, to (but not including the day of) the next such as the seventeenth birthday. g. Park - A park, reservation, playground, recreation center, or any area i~-~-~ City owned or used by the City and devoted to active or passive recreation, including all planted medians, parkways, triangles and traffic circles maintained by the City. h. Public Place - Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops. i. Dangerous Weapon - A firearm or anything manifestly designed, made or adapted for the purpose of inflicting death or bodily injury, or anything that in the manner of its use or intended use is capable of causing death or bodily injury. For purposes of this ordinance the term "dangerous weapon" shall include, but not be limited to, firearms, illegal knives, clubs, air guns, bows and arrows, crossbows and slingshots. Firearm - "Firearm" means any device designed, made, or adapted to expel a projectile through a barrel by using the enrgy generated by an explosion or burning substance or any device readily convertible to that use. Firearm does not include antique or curio firearms that were manufactured prior to 1899 and that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by Section 46.0~ of the Texas Penal Code, as amended. k. Air Gun - Any gun, rifle or pistol, by whatever name known, which is designed to expel a projectile by the action of compressed air or gas, or by the action of a spring or elastic, but does not mean a firearm. 1. lllegal Knife - "Illegal knife" means a: (1) knife with a blade over five and one-half inches; (2) a hand instrument designed to cut or stab another by being thrown; (3) dagger, including but not limited to a dirk, stiletto and poniard; (4) bowie knife; (5) sword; or (6) spear. m. Knife - "Knife" means any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument. n. Club - "Club" means an instrument that is specially designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument, and includes but is not limited to the following: (1) blackjack; (2) nightstick; (3) mace; (4) tomahawk. o. Arrow - An "arrow" is defined as a long slender shaft which is the missile propelled by a bow. p. Bow - A "bow" is defined as a weapon made of a strip or strips of wood or other elastic material, with a cord to connect the two (2) ends when bent, by means of which an arrow is propelled. Section 3. Prohibition of Possession. It shall be unlawful for any minor to have in his possession, in Olr upon the streets, parking lots, public parks or other public places within the City, a dangerous weapon. "Possession" means actual care, custody, control or management. Section 4. Defenses. It'shall be a defense to prosecution under Section 3 of this ordinance ~ one (1) of the following situations exists: a. The minor was accompanied by a parent. b. The minor was accompanied by an adult authorized by a parent of such minor to take said parent's place in accompanying said minor for a designated period of time and purpose within a specified area. Section 5. Parental ResDonsibility. It shall be unlawful for a parent having legal custody of a minor knowingly to permit or by inefficient control to allow such minor to possess a dangerous weapon in or upon a street, parking lot, public park or other public place within the City, under circumstances not constituting a defense to, or otherwise beyond the seopo of, this ordinance. The term "knowingly" includes knowledge which a parent should reasonably be expected to have concerning the control, use and possession of a dangerous weapon by a minor in the parent's legal custody. It is intended that a reasonable community standard of parental responsibility be applied through an objective test. It shall be no defense that a parent was completely indifferent to the activities or conduct of a minor. Section 6. A City police officer, upon finding or having his attention called to any minor in possession of a dangerous weapon in or upon a street, parking lot, public park or other public place within the City, normally shall take the minor to the City Police Station, where a parent shall immediately be notified to come for such minor, whereupon the minor and the parents may be questioned under constitutional safeguards to ascertain the relevant facts. In the absence of convincing evidence, such as a birth certificate or driver's license, a City police officer shall use his best judgment in determining age. When a parent has come to take charge of the minor and the appropriate information has been recorded, the minor shall be released to the custody of such parent. If the parent cannot be located or fails to take charge of the minor, the minor shall be released to the juvenile authorities. Section 7. Penalty - Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine in a sum not to exceed Two Hundred Dollars ($200.00) for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs. Section 8. Repeal of Inconsistent Ordinances. That all ordinances or parts of ordinances inconsistent or in conflict with the provisions of this ordinance are hereby expressly repealed. Section 9. Severability - If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstance, is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 10. Emergency - The fact that the present ordinances and regulations of the City of The Colony, Texas are inadequate to properly safeguard the health, safety, morals, peace, and general welfare of the inhabitants of the City of The Colony, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance become effective from and after the daIe of its passage and it is accordingly so ordained. PASSED AND A..~.,ROVED by. the City Council of the City of The Colony, Texas on this the ~day of ,/]~,g,e~C~, 1986. ATTEST: City Se~cre~Colony, Texas [SEAL] APPROVED AS TO FORM: City Attorney, City of The Colony, Texas