This division is adopted so that the city may promote the public
health, safety, morals and general welfare within the city through
the regulation of the discharge of firearms and air guns. The city
seeks to prevent bodily injury, death, and property damage within
the city limits by restricting the discharge of such devices as provided
herein.
(Ordinance 2017-10-19B adopted 10/19/17; 2014 Code, sec. 79.01)
The following words, terms and phrases, when used in this division,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
means a device designed, made, or adapted to expel a projectile
through a barrel by using the energy or force generated by the release
of air or compressed gases. The term “air gun” includes
but is not limited to BB guns, pellet guns, air pistols, paintball
guns and air rifles.
means 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. The
term “firearm” includes but is not limited to revolvers,
pistols, handguns, rifles, shotguns and tasers.
means to seek or pursue with intent to take or kill and includes
take, kill and any attempt to take or kill.
(Ordinance 2017-10-19B adopted 10/19/17; 2014 Code, sec. 79.02)
It shall be unlawful to intentionally discharge a firearm within the corporate city limits unless allowed under section 8.05.036.
(Ordinance 2017-10-19B adopted 10/19/17; 2014 Code, sec. 79.03)
It shall be unlawful and a crime to intentionally injure, kill
or hunt any wild game within the city.
(Ordinance 2017-10-19B adopted 10/19/17; 2014 Code, sec. 79.04)
(a)
It
shall be unlawful for any person to fire, shoot, explode, or cause
to be fired, shot, or exploded any firearm, rifle, shotgun, pistol,
revolver, air rifle, air pistol or other device or instrumentality
ordinarily known as firearms and capable of propelling bullets, shot
or other solid or compact substances, whether propelled by powder,
fire, compressed air or other force or by combination of such forces,
within the corporate limits of the city.
(b)
For
purposes of this section, a “taser” type of weapon is
considered a firearm.
(Ordinance 2017-10-19B adopted 10/19/17; 2014 Code, sec. 79.05)
This division shall not apply to:
(1)
The
person discharged a firearm or air gun in the lawful defense or protection
of a person or property in accordance with state law;
(2)
Acts
of defense of persons and property on premises under one’s control
as are lawful under the Penal Code of the state;
(3)
Certified
state peace officers in the performance of their official duties;
(4)
Pistol
matches in a fully enclosed pistol range which received advance specific
approval from the city council;
(5)
Any
sporting event where starter guns are used;
(6)
The
person was a duly appointed animal control officer in the course and
scope of his or her official duties and was euthanizing a sick or
injured animal or eradicating a predatory animal;
(7)
The
person eradicated a predatory animal on his or her own property or
with the written permission of the owner of the property;
(8)
The
person used blank cartridges for a theatrical production, an event
sponsored by a military organization, a funeral with military honors,
an athletic event, or other ceremonial or commemorative events, provided
that the discharge is performed safely and directed away from persons,
animals, or structures so as to prevent bodily injury and property
damage;
(9)
The
person discharged an air gun on his or her own property, provided
such device is not fired into or onto another person’s property
without the other owner’s written consent;
(10)
The person was at a shooting range operated by the United States
government, the state, or a political subdivision of the state, or
which is privately operated as authorized or permitted by the city;
(11)
The person was a gunsmith and discharged the firearm at his or her
place of business which was authorized or permitted by the city and
the discharge was for test purposes;
(12)
The person was participating in an amusement arcade or paintball
amusement facility authorized or permitted by the city; or
(13)
The person was using any mechanism designed to propel nails, bolts,
screws, rivets, or other fasteners, so long as such mechanism was
being used for its intended purpose.
(Ordinance 2017-10-19B adopted 10/19/17; 2014 Code, sec. 79.06)
A person violating any provision of this division shall, upon conviction, be fined an amount in accordance with the general penalty provided in section 1.01.009 of this code. Each day that a provision of this division is violated shall constitute a separate offense. An offense under this division is a misdemeanor.
(Ordinance 2017-10-19B adopted 10/19/17; 2014 Code, sec. 79.07; Ordinance adopting 2021 Code)
