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.
Crossbow and bow and arrow.
Any device that propels an arrow or dart by use of a spring action device and string or wire.
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
(3) 
Other available relief.
(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)