This article is adopted so that the city council may promote
the public health, safety, morals and general welfare within the city
through the regulation of the discharge of air guns, guns, firearms,
explosive weapons, and similar devices. By prohibiting the discharge
of guns, firearms, explosive weapons, and zip guns, and by restricting
the discharge of air guns, the city council seeks to prevent bodily
injury, death, and property damage within the city limits.
(Ordinance 5006-B, sec. 2, adopted 11/17/05; Ordinance 5006-C, sec. 2, adopted 6/21/12)
(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) Specific definitions.
Air gun.
Any device designed, made, or adapted to expel a projectile
through a barrel by using the energy or force generated by the release
of compressed gases. The term “air gun” includes but is
not limited to BB guns, pellet guns, air pistols and air rifles.
City limits.
The incorporated municipal boundaries of the city.
Explosive weapon.
Any explosive or incendiary bomb, grenade, rocket, or mine
that is designed, made, or adapted for the purpose of inflicting serious
bodily injury, death, or substantial property damage, or for the principal
purpose of causing such a loud report as to cause undue public alarm
or terror, and includes a device designed, made, or adapted for delivery
or shooting an explosive weapon.
Firearm.
Any device designed, made, or adapted to expel a projectile
through a barrel by using the energy or force generated by an explosion
or burning substance, or any device readily convertible to that use.
The term “firearm” includes but is not limited to guns,
handguns, rifles, shotguns, automatic rifles, revolvers, and pistols.
Laser device.
Light amplification by stimulated emission of radiation.
A device producing an intense, highly directional beam of light.
Person.
Any human individual or corporation, organization, government
or governmental subdivision or agency, business trust, estate, trust,
partnership, association, and any other legal entity.
Public place.
Any place to which the public or a substantial group of the
public has access and includes, but is not limited to, parks, streets,
highways, and the common areas of schools, hospitals, apartments,
office buildings, transport facilities, and shops.
Public right-of-way.
The area on, below, or above a public roadway, highway, street,
public sidewalk, alley, waterway, or utility easement in which the
municipality has an interest.
Zip gun.
A device or combination of devices that was not originally
a firearm and is adapted to expel a projectile through a smooth-bore
or rifled-bore barrel by using the energy generated by an explosion
or burning substance.
(Ordinance 5006-B, sec. 3, adopted 11/17/05; Ordinance 5006-C, sec. 3, adopted 6/21/12)
(a) Enforcement.
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 penalty.
Any person violating any provision of this article shall, upon conviction, be fined a sum in accordance with the general penalty provided 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 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;
(2) A civil penalty up to $150.00 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
(Ordinance 5006-B, sec. 8, adopted 11/17/05; Ordinance 5006-C, sec. 8, adopted 6/21/12; Ordinance
adopting Code)
(a) Discharge in public place, across right-of-way, or across property
line.
It shall be unlawful for any person to discharge,
fire, or shoot any firearm, explosive weapon, air gun, bow and arrow/crossbow,
or zip gun of any description in any public place, on or across any
public right-of-way, or across any property line within the city limits.
(b) Laser devices.
It shall be unlawful to activate any
laser device in the direction of any person, vehicle, boat or aircraft.
(c) Discharge in certain areas.
It shall be unlawful for
any person to discharge a firearm within the extraterritorial jurisdiction
or within the city limits; provided that this section shall not be
so construed as to prohibit the discharge of firearms as follows:
(1) The firearm is a shotgun, air rifle or pistol, BB gun, or bow and
arrow, and
(A) Discharged on a tract of land of ten acres or more;
(B) Discharged more than 150 feet from a residence or occupied building
located on another property; and
(C) In a manner not reasonably expected to cause a projectile to cross
the boundary of the tract; or
(2) The firearm is a center fire or rim fire rifle or pistol of any caliber
discharged:
(A) On a tract of land of 50 acres or more;
(B) More than 300 feet from a residence or occupied building located
on another property; and
(C) In a manner not reasonably expected to cause a projectile to cross
the boundary of the tract;
(3) In any activity or by any person considered within the class of exemptions
applicable under state statutes;
(4) By any public safety officer in the performance of the official duties
of their office; or
(5) For the protection of a person or property in or about his home in
accordance with the laws of the state.
(Ordinance 5006-B, sec. 4, adopted 11/17/05; Ordinance 5006-C, sec. 4, adopted 6/21/12; Ordinance
adopting Code)
Section
8.04.004 of this article shall not apply to:
(1) Licensed
peace officers, as that term is defined by Texas Code of Criminal
Procedure article 2.12(3), provided that such discharges are made
in the course and scope of the peace officer’s official duties;
(2) The
use of blank cartridges for a theatrical production, military ceremony,
or sporting event that is either sponsored by an educational institution
or issued a permit by the city;
(3) Self-defense
or the defense of a third person, as provided by Texas Penal Code
sections 9.31, 9.32, and 9.33;
(4) Duly
designated animal control officers destroying sick, injured, or predatory
animals on public or private property when the injuries are deemed
by the officer to be fatal or near fatal;
(5) Construction
tools used in the manner for which they were designed;
(6) A
indoor gun range with a special use permit issued by the city council.
(Ordinance 5006-B, sec. 5, adopted 11/17/05; Ordinance 5006-C, sec. 5, adopted 6/21/12)
(a) It
shall be unlawful for any person to intentionally, knowingly, or recklessly
possess or go with a firearm, illegal knife, or club, as defined and
prohibited by the Texas Penal Code, air gun, explosive weapon, or
zip gun on the premises of any city court offices utilized by the
municipal court.
(b) This
section does not apply to licensed peace officers or those persons
possessing written authorization of the city court.
(Ordinance 5006-B, sec. 6, adopted 11/17/05; Ordinance 5006-C, sec. 6, adopted 6/21/12)