(a) Definitions.
Child.Anyone under the age of 17 years of age, as defined in Family Code section 51.02, at the time of the offense.
Pellet or BB gun.In this section, a pellet or BB gun means any device designed, made, or adapted to expel a projectile, such as, but not limited to, a BB, pellet, or dart, through a barrel by the use of energy generated by, but not limited to, air, compressed air, compressed gas, CO2 or mechanical spring.
(b) Offenses.
A person may not carry, possess, or discharge a pellet or BB gun that is loaded with a projectile in the chamber, barrel, or magazine of that device in the city limits.
(c) Exceptions.
(1) Procedures adopted under this section may not apply to the possession of a pellet or BB gun by a property owner on his own property as long as the pellet or BB gun is not discharged from such property onto anther’s property or public place.
(2) This section shall not apply to the discharge of a pellet or BB gun for the reason of the exercise of the lawful prevention of crime, the lawful exercise of the right of self-defense, and/or the lawful protection of one’s family and/or property.
(3) This section shall not apply to a peace officer while in the performance of their duties.
(d) Penalty; parental responsibility.
(1) Any person, firm or corporation violating any of the provisions or terms of this section shall be guilty of a misdemeanor, and upon conviction shall be subject to a fine not less than $25.00 but not more than $500.00 plus court costs for each offense.
(2) Any parent, custodian, or legal guardian of a person under the age of 17 that allows that child to violate this section may be charged with the same offense as the child.
(e) Enforcement.
The possession of a pellet or BB gun in plain view gives a peace officer or any authorized person probable cause to check the pellet or BB gun in the possession of a person that may be walking, standing, parked, or riding in the city limits, to see if the pellet or BB gun is in violation of any provision of this section. If a person is in violation of this section, the pellet or BB gun shall be confiscated by the officer or authorized person and held as evidence until the court decides to return or destroy the device.
(Ordinance 062805 adopted 6/28/05)