How to go about Changing a City Ordinance?

[RoydRage]

I'm looking for advice on how to go about getting this city ordinance changed to at least allow CHL holders the ability to carry in parks. I regularly visit the dog park, take my dogs for walks. This park is one of the bigger parks in Baytown, but it has had some issues with people being attacked. Just curious where to start, unless I am missing or don't understand something. Being licensed to carry I still cannot carry when I go to the park.

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• Sec. 70-6. - Firearms or fireworks.
  SHARE LINK TO SECTIONPRINT SECTIONDOWNLOAD (DOCX) OF SECTIONSEMAIL SECTION
  It shall be unlawful for any person to carry or discharge any firearm, firecracker, rocket, torpedo or any other firework, airgun, BB gun or slingshot on or over any park.
  (Code 1967, § 17-4.1(a)(5); Ord. No. 974, § 1, 5-7-69; Ord. No. 1142, § 1, 12-7-71; Ord. No. 5288, § 1, 6-22-89; Ord. No. 5474, § 1, 2-22-90; Ord. No. 5515, § 1, 4-26-90; Ord. No. 5576, § 1, 7-12-90; Ord. No. 5853, § 1, 5-9-91)
  Cross reference— Fireworks generally, § 38-191 et seq.; weapons generally, § 66-26 et seq.

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[ZX9RCAM]

Welcome to the Forum!

Is it a government owned park?

 

[toddnjoyce]

Given TPC 30.06(e), the city’s ordinance prohibiting carry of a firearm by a license holder in a city park is effectively unenforceable. If that’s not good enough for you, ref TGC 411.209

Sec. 411.209. WRONGFUL EXCLUSION OF HANDGUN LICENSE HOLDER. (a) Except as provided by Subsection (i), a state agency or a political subdivision of the state may not take any action, including an action consisting of the provision of notice by a communication described by Section 30.06 or 30.07, Penal Code, that states or implies that a license holder who is carrying a handgun under the authority of this subchapter is prohibited from entering or remaining on a premises or other place owned or leased by the governmental entity unless license holders are prohibited from carrying a handgun on the premises or other place by Section 46.03, Penal Code, or other law.

GOVERNMENT CODE CHAPTER 411. DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS

Also, if you follow the cross-reference to Sec 66-26 et seq (and following), discharging a firearm is what is specifically prohibited unless the discharged was justified defense of person/property per TPC 9.

 

[toddnjoyce]

Additionally, you can refer to AG opinions KP-0047 and KP-0049 for further guidance.

 

[Lonesome Dove]

The rules are set.

 

[Axxe55]

i'd venture a guess that city ordinances are passed by the city counciland if soto have one changed would require city council reversing their decision!

 

[CavCop]

I'm looking for advice on how to go about getting this city ordinance changed to at least allow CHL holders the ability to carry in parks. I regularly visit the dog park, take my dogs for walks. This park is one of the bigger parks in Baytown, but it has had some issues with people being attacked. Just curious where to start, unless I am missing or don't understand something. Being licensed to carry I still cannot carry when I go to the park.

• 
  
• Sec. 70-6. - Firearms or fireworks.
  SHARE LINK TO SECTIONPRINT SECTIONDOWNLOAD (DOCX) OF SECTIONSEMAIL SECTION
  It shall be unlawful for any person to carry or discharge any firearm, firecracker, rocket, torpedo or any other firework, airgun, BB gun or slingshot on or over any park.
  (Code 1967, § 17-4.1(a)(5); Ord. No. 974, § 1, 5-7-69; Ord. No. 1142, § 1, 12-7-71; Ord. No. 5288, § 1, 6-22-89; Ord. No. 5474, § 1, 2-22-90; Ord. No. 5515, § 1, 4-26-90; Ord. No. 5576, § 1, 7-12-90; Ord. No. 5853, § 1, 5-9-91)
  Cross reference— Fireworks generally, § 38-191 et seq.; weapons generally, § 66-26 et seq.

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Contact the Texas AG’s office for an option on the City Ordinance being legally enforced. Take the opinion and some friends to a city council meeting and bring up the current law and that you would like it modified/changed to support current laws and avoid lawsuits to the city based on bad faith outdated local laws.

 

[toddnjoyce]

Contact the Texas AG’s office for an option on the City Ordinance being legally enforced...

It’s already addressed in KP-0047 and KP-0049.

 

[RoydRage]

So basically what I'm gathering is still only 30.06, 30.07 and 51% are still the only signs that apply to CHL holders in this situations. I would have to be given a chance to leave or disarm to remark on the premises. This is what is inline with what I understood, just wanted to pick a few more brains on the matter and I will reach out seeking clarification from the city on this.

 

[leVieux]

I'm looking for advice on how to go about getting this city ordinance changed to at least allow CHL holders the ability to carry in parks. I regularly visit the dog park, take my dogs for walks. This park is one of the bigger parks in Baytown, but it has had some issues with people being attacked. Just curious where to start, unless I am missing or don't understand something. Being licensed to carry I still cannot carry when I go to the park.

• 
  
• Sec. 70-6. - Firearms or fireworks.
  SHARE LINK TO SECTIONPRINT SECTIONDOWNLOAD (DOCX) OF SECTIONSEMAIL SECTION
  It shall be unlawful for any person to carry or discharge any firearm, firecracker, rocket, torpedo or any other firework, airgun, BB gun or slingshot on or over any park.
  (Code 1967, § 17-4.1(a)(5); Ord. No. 974, § 1, 5-7-69; Ord. No. 1142, § 1, 12-7-71; Ord. No. 5288, § 1, 6-22-89; Ord. No. 5474, § 1, 2-22-90; Ord. No. 5515, § 1, 4-26-90; Ord. No. 5576, § 1, 7-12-90; Ord. No. 5853, § 1, 5-9-91)
  Cross reference— Fireworks generally, § 38-191 et seq.; weapons generally, § 66-26 et seq.

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If you wish to pursue this, call the Chambers County DA’s Office and ask for the Attorney in charge of this area. First, I’d request a letter of clarification, as the local law or “regultion” seems to be in conflict with current State Law.

That may satisfy your concerns more simply that demanding the “law” be changed.

Being a new resident has both advantages and disadvantages.

Good Luck !

leVieux

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