City.
The City of Sundown, Texas, and encompasses all of the territory situated within the corporate boundaries of the city.
Firearm.
Any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance, by means of compressed air, compressed gas, springs, or any other means capable of discharging shots, cartridges, pellets, missiles, projectiles or any object, or any device readily convertible to that use. Firearms specifically include but are not limited to the following: rifle, shotgun, automatic rifle, revolver, pistol, handgun, zip gun, sawed-off shotgun, air gun, pellet gun, paintball gun, BB gun, crossbow, bow and arrow, and spring gun.
Person.
A corporation, organization, government or governmental subdivision or agency, business trust, estate, trust partnership, association, or any other legal entity, as now or hereafter may be included in the definition of “person” contained in the Texas Code Construction Act, as amended.
(a) 
A person commits an offense if the person discharges any kind of firearm or other weapon designed, made or adapted for the purpose of firing or discharging a shell, shot, cartridge, pellet, missiles, projectile or object of any kind, regardless of whether the shell or cartridge is blank or live ammunition, within the city limits.
(b) 
It is a defense to prosecution under this section that:
(1) 
The person was a licensed peace officer or animal control officer acting in the performance of his or her official duties;
(2) 
The person was at an indoor or outdoor shooting range operated by the United States Government, the state, a political subdivision of the state;
(3) 
The person was at an approved, permitted indoor or outdoor commercial shooting range constructed and operated in compliance with city ordinances and building codes;
(4) 
The person was using blank cartridges for a show or theatrical production, for signal or ceremonial purposes in athletics or sports, or by a military organization;
(5) 
The person discharged the weapon in the lawful protection of life or property as defined in the penal statutes of the state;
(6) 
The person was participating in an amusement arcade, paintball amusement facility or event specifically authorized or permitted by the city;
(7) 
The person was a worker in the construction business using any mechanism designed to propel nails, bolts, screws, rivets, or other fasteners, so long as such mechanism was being used in the manner in which it was intended; or
(8) 
The person is a certified gunsmith and discharged the weapon for testing in a manner which does not pose a threat to the lives or property of others, and which has been approved or permitted by the city.
The prohibition on discharge of firearms in Section 8.302 shall not apply in an area annexed by the city after September 1, 1981, if the firearm or other weapon is:
(1) 
A shotgun, air rifle or pistol, BB gun, or bow and arrow discharged:
(A) 
On a tract of land of 10 acres or more and more than 150 feet from a residence or occupied building located on another property; and
(B) 
In a manner not reasonably expected to cause a projectile to cross the boundary of the tract; or
(2) 
A center fire or rim fire rifle or pistol of any caliber discharged:
(A) 
On a tract of land of 50 acres or more and more than 300 feet from a residence or occupied building located on another property; and
(B) 
In a manner not reasonably expected to cause a projectile to cross the boundary of the tract.
It shall be unlawful for any person to discharge or cause to be discharged any firearm from or on real property situated outside the corporate limits of the city such that a projectile discharged from said firearm enters into or upon real property situated within the corporate limits of the city.
Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction in the municipal court of the city, shall be fined in accordance with the general penalty provision set forth in Section 1.109 of this code for each offense.
(Ordinance 543 adopted 1/10/17)