When used in this article the following
terms are defined as follows:
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, machine guns, rifles, shotguns, zip guns, automatic rifles,
revolvers, and pistols.
Any object or device that is a toy version or facsimile of,
or is reasonably likely to be perceived as a pistol, revolver, shotgun,
rifle, or other firearm.
(Ordinance 071002-3, sec. 1, adopted 10/2/07)
It shall be unlawful for any person
to discharge a firearm in the city.
(Ordinance 071002-3, sec. 2, adopted 10/2/07)
It shall be unlawful for any person
to brandish a firearm or a replica firearm in the city in a threatening
manner or in such a manner as to tend to cause the victim to reasonably
believe that he or she is in danger of imminent bodily harm.
(Ordinance 071002-3, sec. 3, adopted 10/2/07)
(a)
It shall not be an offense under
this article to discharge a firearm or brandish a firearm or replica
firearm under the following circumstances:
(1)
Self defense.
(2)
The protection of life.
(3)
Law enforcement officers in the performance
of their duties.
(4)
Military functions such as parades,
exercises and funerals when firing blank cartridges.
(5)
Duly designated animal control officers
destroying sick, injured, or predatory animals on public or private
property.
(6)
Using a firearm within a commercial
shooting range constructed in compliance with city ordinances and
building codes.
(7)
The use of blank guns/cartridges
for a show or theatrical production, or for signal or ceremonial purposes
in athletics or sports, or by a military organization.
(8)
Participation in an amusement arcade
or paintball amusement facility or event authorized or permitted by
the city.
(9)
On large tracts of land as exempted
from such regulation in accordance with V.T.C.A., Local Government
Code, sec. 229.002.
(b)
A person asserting an exception to
prosecution under this section shall be required to prove same as
an affirmative defense under the provisions of the Texas Penal Code
and Texas Code of Criminal Procedure.
(Ordinance 071002-3, sec. 4, adopted 10/2/07; Ordinance adopting Code)
A person who commits an offense under
this article shall be punished by a fine not to exceed $500.00 for
each separate violation.
(Ordinance 071002-3, sec. 5, adopted 10/2/07)
The police chief or his authorized
representative is authorized to enter any premises where the unlawful
discharge or display of firearms is suspected in order to determine
whether firearms or replica firearms are present.
(Ordinance 071002-3, sec. 6, adopted 10/2/07)
Any person violating any provision
of this article shall, upon conviction, be fined a sum not exceeding
$500.00. Each day that a provision of this article is violated shall
constitute a separate offense. An offense under this article is a
misdemeanor.
(Ordinance 071002-3, sec. 8, adopted 10/2/07)
