Arrow.
A slender shaft usually pointed at one end and feathered
at the other for shooting from a bow.
Blow gun.
A long, tube-like weapon through which darts or pellets are
blown.
Bow.
A device for shooting arrows, a flexible, curved strip of
wood or other material, with a taut cord connecting the two ends.
Crossbow.
A medieval weapon consisting of a bow set transversely on
a stock.
Explosive weapon.
Any type of 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 of an explosive weapon.
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 or any device readily convertible to that use, including
but not limited to a pistol, revolver, shotgun, sawed-off shotgun,
rifle, machine gun, rocket launcher, starter pistol, BB gun, air gun,
inoperative firearm, or other firearm. For the purpose of this article
the term shall include an explosive weapon.
Replica or facsimile of a firearm.
Any device or object made of plastic, wood, metal or any
other material, which is a replica, facsimile or toy version or is
otherwise recognizable as a pistol, revolver, shotgun, sawed-off shotgun,
rifle, machine gun, rocket launcher, starter pistol, air gun, inoperative
firearm, or other firearm. As used in this article, “replica
or facsimile of a firearm” shall include, but is not limited
to, toy guns, theatrical production props, hobby models (either in
kit form or fully assembled), or any other device which might reasonably
be perceived to be a real firearm.
Urgent necessity.
The exercise of a right conferred by the laws of the state,
including but not limited to lawful arrest, lawful prevention of crime,
and lawful exercise of the right to self-defense.
(Ordinance 385, sec. 1, adopted 6/8/10)
(a) 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. There shall be no requirement of a culpable mental state for a violation of this article. 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, except as may be otherwise expressly provided by state law. Each time that a provision of this article is violated shall constitute a separate offense. An offense under this article is a class C misdemeanor.
(b) 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.
(Ordinance 385, sec. 6, adopted 6/8/10; Ordinance adopting Code)
(a) It
shall be unlawful to draw, exhibit or brandish a firearm or a replica
or facsimile firearm in a rude, threatening or angry manner with intent
to frighten, vex, harass or annoy any other person.
(b) It
shall be unlawful for a person having knowledge that a peace officer,
firefighter, emergency medical technician or paramedic is engaged
in the performance of duties to draw, exhibit or brandish a firearm
or replica or facsimile firearm in their presence.
(Ordinance 385, sec. 2, adopted 6/8/10)
It shall be unlawful for any person to discharge a firearm,
bow and arrow, crossbow or blow gun within the corporate limits of
the city.
(Ordinance 385, sec. 3, adopted 6/8/10)
(a) It shall be a defense to being charged with an offense as outlined in section
8.03.004 as follows:
(1) In the event of urgent necessity.
(2) When a person who discharges a shotgun, air rifle or pistol, BB gun,
or bow and arrow, crossbow, or blow gun is within the limits of a
rural/agricultural district established under the zoning classifications
of the city.
(3) When a person who discharges a shotgun, air rifle or pistol, BB gun,
or bow and arrow, crossbow or blow gun is within the limits of an
area authorized by the city council for hunting or fishing and consisting
of a tract of land of 20 acres or more and more than 150 feet from
any residence or building whether located on such tract or another
tract of land.
(4) If the firearm or other weapon is a shotgun, air rifle or pistol,
BB gun, or bow and arrow discharged:
(A) On a tract of land of 20 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.
(5) If the firearm or other weapon 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 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.
(6) If the firearm is a BB gun, pellet gun, or a .22 rifle or pistol
loaded with rat shot only and is used solely on a resident’s
own property for protection against snakes, rodents, raccoons, possums,
varmints or predatory animals, the person using such firearm is over
18 years of age, and only when the discharge of such weapon can be
done safely, without endangering persons or property.
(b)
(1) Peace officers discharging their weapons in the normal and lawful
course of duty; or
(2) The use 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.
(Ordinance 385, sec. 4, adopted 6/8/10)
(a) It
shall be unlawful for a person to carry a firearm at:
(2) A public meeting of the city or any other governmental body;
(3) A political rally, parade, or official political meeting; or
(4) A non-firearms-related school or athletic event.
(b) It shall be an exception to subsection
(a) above if the person is licensed to carry a concealed handgun under subchapter H, chapter 411, Government Code.
(c) It
shall be an exception if the firearm is in or is carried to or from
an area designated for use in a lawful hunting, fishing or other sporting
event and the firearm is of the type commonly used in the activity.
(Ordinance 385, sec. 5, adopted 6/8/10)