(a) For
the purpose of this section, a “weapon” means any firearm
or other 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, and also
includes all forms of archery equipment and crossbows used for taking
game animals or game birds.
(b) It
shall be unlawful for any person to discharge a weapon within the
corporate city limits.
(c) It
is a defense to prosecution under this section that:
(1) The person was a peace officer acting in the performance of his official
duties;
(2) The person was at a shooting range operated by an agency of the federal
or state government or by any political subdivision of the state;
(3) The person was at a privately owned range which had been approved
by the building official, fire marshal, and chief of police, and is
legally operating as a permitted use in accordance with the zoning
ordinances and laws of the city and the laws of the United States
and the state;
(4) The person was using blank cartridges for a show or theatrical production,
for signal or ceremonial purposes in athletics or sporting events,
or by a military organization;
(5) The person was lawfully defending his person, the person of another,
or his property;
(6) The person was shooting at a snake, skunk or other dangerous reptile
or animal which could present a danger to the person or the community;
or
(7) In accordance with section 229.002, Texas Local Government Code,
as amended, the person discharged:
(A) A shotgun, air rifle or pistol, BB gun, or bow and arrow:
(i)
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
(ii)
In a manner not reasonably expected to cause a projectile to
cross the boundary of the tract; or
(B) A center fire or rim fire rifle or pistol of any caliber:
(i)
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
(ii)
In a manner not reasonably expected to cause a projectile to
cross the boundary of the tract.
(d) The
exceptions contained in this section are not intended to protect any
person from the civil liabilities which may result from the actions
herein prohibited.
(Ordinance 2013-02 adopted 3/28/13)