PDF - City of Cottonwood Shores

City of Cottonwood Shores
Original
Ordinance 8002
AN ORDINANCE O F T H E C I T Y O F COTTONWOOD SHORES, TEXAS, R E P E A L I N G
ORDINANCE 032488-1B; PROVIDING FOR T H E PROHIBITION O F DISCHARGE O F
FIREARMS WITHIN T H E C I T Y S JURISDICTION.
WHEREAS: The City of Cottonwood Shores, Texas desires to provide for the safety and wellbeing of its
citizens. The City of Cottonwood Shores, Texas deems it essential to prohibit the discharge of any firearms
within its jurisdiction.
Section 1 - Authorization:
The Mayor, or their designate, is hereby authorized and directed to implement the applicable provisions of
this Ordinance upon his determination that such implementation is necessary to protect the public welfare.
Section 2 - Definitions:
1. Arrow: A missile having a straight thin shaft with a pointed head at one end and often flight stabilizing
veins at the other meant to be shot from a bow.
2. Blow gun: A long, tube-like weapon through which darts or pellets are blown.
3. Bow: A device for shooting arrows, a flexible, curved strip of wood or other material, with a taut cord
connecting the two ends in all permutations.
4. Chief of Police: The chief of police of the City or his/her designee.
5. City Council: The City council of the City.
6. Commercial shooting gallery: A commercial shooting gallery that possesses a permit from the City
allowing the discharge of a firearm, bow and arrow, crossbow or blow gun on the premises.
7. Crossbow: A medieval weapon consisting of a bow set transversely on a stock.
8. 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, Of 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 deliver}- or shooting an explosive weapon.
9. 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, air soft and paintball. For
the purpose of this Ordinance the term shall include an explosive weapon.
10. 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 recognrzable as a pistol, revolver,
shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher, starter pistol, air gun, inoperative
firearm, or other firearm, air soft and paintball. As used in this Ordinance, "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.
11. 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 8002 (Discharge of Firearms)
Council approved February 16, 2012
Page 1 of 4
City of Cottonwood Shores
Original
Section 3 - Application:
The provisions of this Ordinance shall apply equally to all persons within the jurisdiction of the City of
Cottonwood Shores, Texas.
A "person" within the context of this Ordinance is herein defined as an individual, corporation,
organization, governmental subdivision or agency, business trust, partnership, association, or any other legal
entity.
Therefore, effective April 24, 1988, it shall be unlawful for any person or persons to knowingly discharge
any firearm within the City limits of the City of Cottonwood Shores, Texas for any purpose.
A firearm is hereby defined as any instrumentality capable of initiating the movement of any substance by
means of electromagnetic attraction or opposition; compressed air or by means of explosion caused by
chemical reaction. Included within this definition of firearms are included any type of rifle or handgun.
Section 4 - Firearm Protocol:
1. Brandishing of firearm, replica or facsimile:
1.1. 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.
1.2. It shall be unlawful for a person having knowledge that a Police 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.
2. Discharge prohibited — It shall be unlawful for any person to discharge a firearm, bow and arrow,
crossbow or blowgun within the corporate limits of the City.
3. Defenses; exceptions:
3.1. It shall be a defense to being charged with an offense as following outline is described below:
3.1.1. In the event of urgent necessity; or
3.1.2. If the firearm or other weapon is a shotgun, air rifle or pistol, BB gun, or bow and arrow
discharged as follows:
3.1.2.1. On a tract of land of 10 acres or more and more than one hundred and fifty feet (150')
from a residence or occupied building located on another property; and
3.1.2.2. In a manner not reasonably expected to cause a projectile to cross the boundary of the
tract; or
3.1.3. If the firearm is a BB gun, pellet gun or .22 rifle or pistol, loaded with rat shot only, used solely
on a resident's own property for protection against snakes, rodents, raccoons, possums,
varmints or predatory animals; provided that 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.
3.2. Does not apply to:
3.2.1. Peace Officers discharging their weapons in the normal and Lawful course of duty; or
3.2.2. 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.
3.3. Carrying of firearms:
3.3.1. It shall be unlawful for a person to carry a firearm at a:
Ordinance 8002 (Discharge of Firearms)
Council approved February 16, 2012
Page 2 of 4
City of Cottonwood Shores
Original
3.3.1.1. Public park;
3.3.1.2. Public meeting of the City or any other governmental body.
3.3.1.3. Political rally, parade, or official political meeting; or
3.3.1.4. Non—firearms-related school or athletic event.
3.3.2. It shall be an exception to item 3.3.1.1, if the person is licensed to carry a concealed handgun
under subchapter I - I , chapter 411, Government Code.
3.4. 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, training class or other sporting event and the firearm is of the type
commonly used in the activity.
4. Violations and enforcement:
4.1. The City shall have the power to administer and enforce the provisions of this Ordinance as may
be required by governing Law. Any violation of this Ordinance is hereby declared to be a nuisance.
There shall be no requirement of a culpable mental state for a violation of this Ordinance. Any
person violating any provision of this Ordinance shall, upon conviction, be fined a sum not
exceeding two thousand dollars ($2,000.00), except as may be otherwise expressly provided by State
Law. Each time that a provision of this Ordinance is violated shall constitute a separate offense.
An offense under this Ordinance is a Class C Misdemeanor.
4.2. Nothing in this Ordinance shall be construed as a waiver of the City's right to bring a civil action to
enforce the provisions of this Ordinance and to seek remedies as allowed by Law.
Section 5 - Penalty:
Any person, corporation, organization, governmental subdivision or agency, business trust, partnership,
association, or any other legal entity violating any provision of this Ordinance shall be deemed guilty of an
offense and upon conviction shall be punished by fines and penalties as assessed by the Municipal Court.
Each violation shall be deemed a separate offense, and shall be punished accordingly; however, additional
compliance may be further sought through injunctive relief in the District Court.
Section 6 - Repeal of Conflicting Ordinances:
All Ordinances or parts of Ordinance in conflict with this Ordinance are hereby repealed to the extent of
such conflict.
Section 7 - Severability:
If any provision of this Ordinance or the application of any provision to any person or circumstance is held
invalid, the invahdity shall not affect other provisions or applications hereof, which can be given effect
without the invalid provision or application. To this end, the provisions of this Ordinance are declared to
be severable.
Section 8 - Effective Date:
This Ordinance shall take effect immediately from and after the passage and publication in the manner set
forth with the provisions of the Local Government Code.
Ordinance 8002 (Discharge of Firearms)
Council approved February 16, 2012
Page 3 of 4
City of Cottonwood Shores
Original
Section 9 - Open Meetings:
It is hereby found and determined that the meeting at which this Ordinance is passed was open to the
public as required and that public notice of the time, place and purpose of said meetings was given as
required by the Open Meetings Act (Chapter 551, Texas Local Government Code).
PASSED AND APPROVED by the City Council of Cottonwood Shores, Texas, at a
meeting on the
day of
votes against and 0
febriyxry
, 2012 with
votes in favor,
abstentions.
.00.11
Janelle H. Long, Mayo,
Attest:
* w
Ordinance 8002 (Discharge of Firearms)
Council approved February 16, 2012
Page 4 of 4
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