It shall be unlawful for any person to shoot off, fire or discharge
any gun, pistol, revolver or any firearm of any description within
the city without the written consent of the city council, expressed
by a vote, specifying the place where same may be done; provided that
this shall not apply to any licensed shooting gallery nor to police
officers in the performance of their duty.
(1991 Code, sec. 17-46)
It shall be unlawful to discharge an air rifle or air pistol
of any description that by means of compressed air, springs or any
other means is capable of discharging shots, pellets or any solid
object at a velocity in excess of three hundred (300) feet per second
in a public place or on or across any public right-of-way or across
any property line.
(1991 Code, sec. 17-47)
It shall be unlawful for any person to build or erect any barbed
wire fence consisting of one (1) or more wires with barbs on them
on, along or adjoining any public street, alley, or grounds within
the city, or to lay any such wire or barbs on or along the top of
any wooden or other fence adjoining any such street, alley, or grounds
in the city, such fences being regarded as dangerous to the traveling
public. The building inspector may, by special permit, allow such
fences for the protection of factories and manufacturing establishments,
for the husbandry of livestock, or where it is necessary for protection
of public utilities or other facilities in time of war or emergency.
(Ordinance 5966 adopted 8/1/16)
(a) Definitions.
For the purposes of this section, the following
terms, words, phrases and the derivations thereof shall have the meaning
given herein.
(1) Center.
Taylor Street Gym located at
1424 West Taylor, including the structures, grounds, and parking areas.
(2) Minor.
A person younger than seventeen
(17) years of age.
(3) Permanent residence.
A place where
a person abides, lodges, or resides for fourteen (14) or more consecutive
days.
(4) Premises where minors commonly gather.
A school, child-care facility, playground, public park, video arcade
area, or the center.
(5) School.
Any public or private school
that has a curriculum for kindergarten, elementary, secondary, or
high school education and that exists apart from a child’s home.
(6) Specified sex offender.
Any person
required to register as a sexual offender on the Texas Department
of Public Safety’s Sex Offender Database (the "database") under
chapter 62 of the Texas Code of Criminal Procedure for a reportable
conviction or adjudication of any of the following violations:
(A) Indecency with a child, as described in section 21.11 of the Texas
Penal Code, as amended;
(B) Sexual assault of a child, as described in section 22.011 of the
Texas Penal Code, as amended;
(C) Aggravated sexual assault of a child, as described in section 22.021
of the Texas Penal Code, as amended;
(D) Sexual performance by a child, as described in section 43.25 of the
Texas Penal Code, as amended;
(E) Possession or promotion of child pornography, as described in section
43.26 of the Texas Penal Code, as amended;
(F) Continuous sexual abuse of young child, as described in section 21.02
of the Texas Penal Code, as amended; or
(G) Online solicitation of a minor, as described in section 33.021 of
the Texas Penal Code, as amended.
(7) Temporary resident.
A place where a
person abides, lodges, or resides for a period of fourteen (14) or
more days in the aggregate during any calendar year and which is not
the person's permanent address, or a place where a person routinely
abides, resides, or lodges for a period of four (4) or more consecutive
or nonconsecutive days in any month and which is not the person’s
permanent residence.
(b) It
is unlawful for person who is a specified sex offender to establish
a permanent residence or temporary residence within 1,500 feet of
any premises where minors commonly gather.
(c) Evidentiary matters; measurements.
(1) It shall be prima facie evidence that this section applies to such
a person if that person’s record appears on the database and
the database indicates that the victim was a minor as defined herein.
(2) For the purposes of determining the minimum distance separation,
the requirement shall be measured by following a straight line from
the outer property line of the permanent or temporary residence to
the nearest property line of the premises where children commonly
gather, as described herein above, or, in the case of multiple residences
on one property, measuring from the nearest property line of the premises
to the nearest property line of the premises where children commonly
gather, as described herein.
(3) A map depicting the prohibited areas shall be maintained by the city's
police department. The city shall review the map at least annually
for changes. Said map will be available to the public at the city's
police department.
(d) Neither
allegation nor evidence of a culpable mental state is required for
the proof of an offense defined by this section.
(e) It
is defense to prosecution that any of the following conditions apply:
(1) The specified sex offender established the permanent or temporary
residence and has complied with all of the sex offender registration
laws of the state, prior to the date of the adoption of this section;
(2) The specified sex offender was a minor when he or she committed the
offense requiring such registration and was not convicted as an adult;
(3) The specified sex offender is a minor;
(4) The premises where children commonly gather, as specified herein
within 1,500 feet of the permanent or temporary residence of the specified
sex offender was opened after the person established the permanent
or temporary residence and complied with all sex offender registration
laws of the state; or
(5) The information on the database is incorrect, and, if corrected,
this section would not apply to the specified sex offender.
(Ordinance 5409, adopted 9/5/06; Ordinance
6581 adopted 4/3/2023)
(a) Definitions.
For the purposes of this section, the following
terms, words, phrases and the derivations thereof shall have the meaning
given herein.
(1) Center. Taylor Street Gym
located at 1424 West Taylor, including the structures, grounds, and
parking areas.
(2) Loiter.
(A) To enter and remain in the prohibited area, whether or not the person
is in a vehicle, for a time period of greater than five minutes;
(B) To repeatedly enter the prohibited area, whether or not the person
is in a vehicle, more than two (2) times in twenty-four hours; or
to be in an area without a valid legal reason for entering or remaining
in the prohibited area; or
(C) To remain in a prohibited area after being asked to leave by a person
in authority.
(3) Person in authority.
The chief administrative
officer of the school or child-care facility, the chief administrative
officer’s authorized agent, or a peace officer.
(4) Prohibited area.
A school, child-care
facility, playground public park, video arcade area, or the center.
(5) School.
As any public or private school
that has a curriculum for kindergarten, elementary, secondary, or
high school education and that exists apart from a child’s home.
(6) Specified sex offender.
Any person
required to register as a sexual offender under chapter 62 of the
Texas Code of Criminal Procedure for a reportable conviction or adjudication
of any of the following violations:
(A) Indecency with a child, as described in section 21.11 of the Texas
Penal Code, as amended;
(B) Sexual assault of a child as described in section 22.011 of the Texas
Penal Code, as amended;
(C) Aggravated sexual assault of a child, as described in section 22.021
of the Texas Penal Code, as amended;
(D) Sexual performance by a child as described in section 43.25 of the
Texas Penal Code, as amended;
(E) possession or promotion of child pornography, as described in Section
43.26 of the Texas Penal Code, as amended;
(F) Continuous sexual abuse of young child, as described in section 21.02
of the Texas Penal Code, as amended; or
(G) Online solicitation of a minor, as described in section 33.021 of
the Texas Penal Code, as amended.
(b) It
shall be unlawful for a person who is a specified sex offender to
loiter within 500 feet of a prohibited area while children under the
age of seventeen (17) are present.
(c) Neither
allegation nor evidence of a culpable mental state is required for
the proof of an offense defined by this section.
(d) It
is a defense to prosecution if the person who is a specified sex offender:
(1) Already resides within 500 feet of the prohibited area or is incarcerated
in the prohibited area;
(2) Is a parent or guardian of a child in the prohibited area and a court
of competent jurisdiction has not issued an order restricting the
specified sex offender’s access to or presence near the child;
(3) Is enrolled in the school;
(4) Had prior written permission to be in the prohibited area from the
owner or from someone with apparent authority to act for the owner;
or
(5) Is in active transit in a motor vehicle on a public street that was
a direct route between two locations at which the [person had legitimate
business.]
(Ordinance 5410 adopted 9/5/06; Ordinance
6581 adopted 4/3/2023)