This article is adopted to promote the public health, safety,
and general welfare within the city through the enactment of reasonable
security measures while maintaining the proper environment suitable
to provide services within a reasonable manner. The purpose of this
article is to provide for security within city facilities and on city
premises.
(Ordinance 905 adopted 4/17/02; 2004 Code, sec. 1.1401)
(a)
General rules.
Words and phrases used in this article
shall have the meanings set forth in this section. Words and phrases
which are not defined in this article but are defined in other ordinances
of the city shall be given the meanings set forth in those ordinances.
Other words and phrases shall be given their common, ordinary meaning
unless the context clearly requires otherwise. Headings and captions
are for reference purposes only, and shall not be used in the interpretation
of this article.
(b)
City facility.
City hall.
City premises.
Customer service representative.
Peace officer.
Person.
Public service building.
Secure area.
Security system.
Utility department.
Weapon.
Specific definitions.
Any building that is located on city premises. For purposes
of this article, the term specifically includes but is not limited
to city hall, the public service building, the city warehouse and
maintenance facility, the city water and wastewater treatment facility,
the golf course pro shop, the landfill office, and the airport office.
The building containing administrative offices of the municipality
located at 101 E. Main, Brady, Texas 76825.
A property or portion of a property that is owned by the
city or is in the possession of the city by a lease or other right
and is regularly maintained or occupied by employees of the city and
utilized for conducting business of the city.
Any officer or employee of the city or any class of officers
or employees of the city designated by the mayor or by the mayor’s
designee(s), and acting in his or her capacity as a city officer or
employee, who is engaged in the performance of his or her official
duties during assigned business hours.
A person elected, employed, or appointed as a peace officer
under article 2.12 of the Texas Code of Criminal Procedure, section
51.212 or 512.214 of the Texas Education Code, or other law.
A human individual.
The facility at 209 South Elm Street, Brady, Texas, which
services the police department, emergency medical services (EMS),
and municipal court.
Any area upon any city premises to which access is controlled
by a security system.
Magnetometers, X-ray devices, card-operated entry systems,
camera surveillance systems, operating regulations and related measures,
or other device, or any combination thereof, that may be installed,
promulgated and operated upon any city premises to ensure that persons
entering a secure area are authorized to be in such area and do not
have weapons in their possession.
That area of city hall providing direct street access to
East Main Street. This term expressly excludes the series of hallways
leading from the utility department into the city hall office suite,
any office or other room adjoining thereto, or any area of any floor
of city hall other than the first floor.
A firearm, explosive device, club, knife, chemical, or biological
agent or other offensive or defensive instrument used or intended
to be used in a manner that can cause harm or damage to persons or
property.
(Ordinance 905 adopted 4/17/02; 2004 Code, sec. 1.1402)
Consistent with applicable state and federal laws, the mayor
and/or the mayor’s designee(s) may promulgate regulations relating
to the establishment of secure areas and the installation and operation
of security systems.
(Ordinance 905 adopted 4/17/02; 2004 Code, sec. 1.1403)
(a)
Consistent with applicable state and federal laws, weapons shall not be brought upon city premises or city facilities except as hereinafter provided. It is unlawful to carry any firearm, other than a concealed handgun lawfully licensed under state law and in compliance with state law, onto any city premises properly marked as provided by subsection (b). Such carrying of a firearm is declared an act of criminal trespass and is prohibited, and any person so carrying a firearm is subject to immediate removal.
(b)
The
city manager or designee is authorized and directed to place signs,
to be printed in both English and Spanish, on city premises to indicate
that the carrying of a firearm, other than a concealed handgun lawfully
licensed under state law, is prohibited.
(c)
This
section shall not apply to the lawful carrying of a firearm by a certified
peace officer, including a commissioned peace officer of a recognized
state, or a special investigator under state law, regardless of whether
the peace officer or special investigator was engaged in the actual
discharge of an official duty while carrying the weapon. This section
shall not apply to a commissioned security officer lawfully engaged
in official duties while in uniform and with the firearm in plain
view, or member of the U.S. or state armed forces, engaged in official
duties. Also, this section shall not apply to a firefighter or emergency
personnel as defined in state law if acting in the lawful discharge
of an official duty under exigent circumstances.
(d)
This
section shall not apply to the carrying of a lawfully licensed handgun
into a meeting of a governmental entity. It is unlawful to carry a
handgun lawfully licensed under state law, and whether concealed or
not, at any meeting of the city council or at any meeting of a city
board or commission, if proper notice has been provided as set forth
in state law. When proper notice has been provided, such carrying
of a handgun at any meeting of the city council, or at any meeting
of a city board or commission, is hereby declared to be an act of
criminal trespass and is prohibited, and any person so carrying a
handgun is subject to immediate removal and is subject to the penalties
set forth in state law. The city manager or designee is authorized
and directed to place signs or other notice consistent with state
law to indicate that the carrying of a lawfully licensed handgun is
prohibited in a meeting of the city council or city board or commission.
(e)
This
section shall not apply to the carrying of a lawfully licensed handgun
into any city building being used as a polling place, on the premises
of any city building being utilized by the municipal court including
specifically city hall and the public service building, or into secured
areas of Curtis Field Municipal Airport. Applicable state and federal
laws shall govern the carrying of a firearm at such locations.
(f)
The
carrying of any weapon or firearm prohibited by this section is declared
to be an act of criminal trespass and is prohibited, and any person
so carrying a prohibited weapon or firearm is subject to immediate
removal and is subject to the penalties set forth in state law.
(Ordinance 1061 adopted 1/6/10; 2004 Code, sec. 1.1404)
(a)
Unauthorized access prohibited.
No person shall enter
into a city facility except as provided by this section. This section
does not apply to an officer or employee of the city who enters into
a building upon city premises as part of his or her official duties
during assigned business hours and in compliance with the provisions
of this article.
(b)
Public entry into city hall.
All persons shall enter
city hall through the utility department. No person shall pass beyond
the utility department unless accompanied by an authorized customer
service representative.
(c)
Public entry into facilities other than city hall.
From
time to time and in the interest of security, the mayor and/or the
mayor’s designee(s) may designate one or more points of public
entry into a city facility, which shall constitute the sole point(s)
of public entry into such city facilities. In such case, the mayor
and/or the mayor’s designee(s) shall post and maintain public
notice of such designation on all doors providing entry into the affected
city facility in a manner reasonably calculated to be seen and understood
by a person of average intelligence and understanding who seeks entry
into the city facility.
(d)
Passing beyond designated areas.
No person shall pass
beyond such designated areas unless that person is accompanied by
an authorized customer service representative.
(Ordinance 905 adopted 4/17/02; 2004 Code, sec. 1.1405)
(a)
City hall.
The following areas of city hall shall not
be accessible by the public:
(1)
The water utilities accounting area located behind the utility clerk
counter in the utility department;
(2)
The tax accounting area located on the second floor of city hall;
(3)
The information services computer room and tape library located on
the second floor of city hall;
(4)
The electrical, mechanical, and telephone closets throughout the
building; and
(5)
The municipal archives and records center operated by the city secretary
and located on the third floor of city hall, until such time as such
records and archives are moved to 212 West Commerce, Brady, Texas.
At such time, the municipal archives and records center at the 212
West Commerce location shall be permanently closed to the public.
(b)
Public service building.
The following areas of the
public service building shall not be accessible to the public:
(c)
Other facilities.
The following municipal facilities
shall be inaccessible by the public:
(1)
The city warehouse and maintenance facility located at 900 West 1st
Street, Brady, Texas, including any area beyond the gate leading into
that facility;
(2)
The city water and wastewater treatment facility located at the end
of East 6th Street, Brady, Texas;
(3)
The area located behind the counter of the pro shop at the golf course
located at 200 Brady Country Club Drive, Brady, Texas;
(4)
The area located behind the counter of the landfill office located
on Highway 87 North; and
(5)
The area located behind the counter of the airport office located
at 3821 North Bridge Street, Brady, Texas.
(d)
Access by city officers and employees.
Only officers
or employees of the city engaged in the performance of their official
duties during assigned business hours and who comply with procedures
set forth in official administrative directives and regulations regarding
security shall have access to the areas listed above.
(Ordinance 905 adopted 4/17/02; 2004 Code, sec. 1.1406)
(a)
City hall.
All portions of the city hall are closed
to the public from 5:00 p.m. until 8:30 a.m. on weekdays and are closed
to the public from 5:00 p.m. Friday until 8:30 a.m. the following
Monday and on all employee holidays authorized by the city council;
provided that the exterior grounds and parking facilities at the city
hall shall at all times be open to the public as prescribed by building
regulations and/or other ordinances.
(b)
Public service building.
All portions of the public
service building are closed to the public from 11:00 p.m. until 7:00
a.m. on weekdays and on weekends from 11:00 p.m. Friday until 7:00
a.m. the following Monday, and on all employee holidays authorized
by the city council; provided that the public services building shall
be accessible to the public for the purpose of attending court sessions,
paying fines, posting bond, and visiting prisoners according to times
and procedures prescribed by the police department; and provided further
that the sidewalks and alleys shall at all times be accessible to
the public, unless otherwise restricted by city regulations governing
sidewalks and alleys.
(c)
Access by city officers and employees.
This section
does not apply to an officer or employee of the city who enters those
portions of the city hall or the public services building during closed
hours when the person is engaged in the performance of official duties
and complies with the procedures set forth in official administrative
directives and regulations regarding security.
(d)
Exception for persons attending meeting, class or event.
Notwithstanding the other provisions of this section, a member of
the general public who is attending an authorized public meeting,
a prescribed class of instruction, or an authorized event may access
those portions of the premises where the meeting, class, or event
is being held and those portions of the premises necessary to gain
access to the meeting, class, or event solely for the purpose of attending
the meeting, class or event.
(Ordinance 905 adopted 4/17/02; 2004 Code, sec. 1.1407)
(a)
Offenses.
A person commits an offense if the person:
(1)
Enters a restricted area within city hall or other city facility or premises without the accompaniment of an authorized customer service representative as required by section 1.07.005;
(2)
Enters the city hall, the public service building or any other city
facility or city premises during closed hours; or
(3)
Enters through an entryway into a city facility or city premises
that is not designated as a public entry.
(b)
Defenses.
(1)
It is a defense to prosecution under this section that the person
is an officer or employee of the city, is engaged in the performance
of official duties, and has complied with procedures set forth in
official administrative directives and regulations regarding security.
(2)
It is a defense to prosecution under this section that the person
was attending an authorized public meeting, class, or event and did
not go beyond those portions of the building necessary to gain access
to the meeting, class, or event.
(Ordinance 905 adopted 4/17/02; 2004 Code, sec. 1.1408)
The chief of police, or the designated representative of the
chief of police, is authorized to place and maintain signs at restricted
areas. The signs shall state that each area is closed to the public,
specifically mention this article, state the maximum penalty for a
violation, and be posted so as to afford adequate notice to the public
of the restricted status of each area.
(Ordinance 905 adopted 4/17/02; 2004 Code, sec. 1.1409)
This article shall not be construed to require or allow any
act that is prohibited by any other ordinance. This article is specifically
subordinate to any ordinance or regulations of the city pertaining
to building and construction safety or to pedestrian and traffic safety.
(Ordinance 905 adopted 4/17/02; 2004 Code, sec. 1.1410)
(a)
Civil and criminal penalties.
The city shall have the
power to administer and enforce the provisions of this article as
may be required by governing law. Any person violating any provision
of this article is subject to suit for injunctive relief as well as
prosecution for criminal violations. Any violation of this article
is hereby declared to be a nuisance.
(b)
Criminal prosecution.
Any person violating any provision of this article shall, upon conviction, be fined in accordance with the general penalty provision set forth in section 1.01.009 of this code. Each day that a provision of this article is violated shall constitute a separate offense. An offense under this article is a class C misdemeanor.
(c)
Civil remedies.
Nothing in this article shall be construed
as a waiver of the city’s right to bring a civil action to enforce
the provisions of this article and to seek remedies as allowed by
law, including but not limited to the following:
(1)
Injunctive relief to prevent specific conduct that violates this
article or to require specific conduct that is necessary for compliance
with this article; and
(2)
A civil penalty up to one hundred dollars ($100.00) a day when it
is shown that the defendant was actually notified of the provisions
of this article and after receiving notice committed acts in violation
of this article or failed to take action necessary for compliance
with this article; and
(3)
Other available relief.
(Ordinance 905 adopted 4/17/02; 2004 Code, sec. 1.1412)
