HomeMy WebLinkAboutOrd 291-2006 Regulate Discharging of Firearms.pdfClTY OF ANNA, TEXAS
ORDINANCE NO. 291 -2006
(Regulating the Discharging of Fire Arms)
AN ORDINANCE OF THE ClTY OF ANNA, TEXAS, PROVIDING DEFINITIONS
AND REGULATING THE DISCHARGE OF FIREARMS WITHIN THE CITY'S
CORPORATE LIMITS; DECLARING THAT THE DISCHARGE OF FIREARMS
IN VIOLATION OF THIS ORDINANCE IS A PUBLIC NUISANCE; PROVIDING
FOR CERTAIN PROHIBITIONS AND RESTRICTIONS; PROVIDING FOR
LIMITED PERMITS AND APPEALS PROCESS; PROVIDING FOR A PENALN
OF A FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00) FOR EACH OFFENSE; PROVIDING A REPEALER CLAUSE, A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Anna, Texas ("City Council") has
determined that the unregulated discharge of Firearms and Other Weapons
constitutes a potential threat and hazard to the health, safety, and welfare of
citizens of the community; and
WHEREAS, the City Council finds that regulation of Firearms and Other
Weapons is necessary to protect the health, safety, and welfare of the people of
the community;
NOW THEREFORE BE IT ORDAINED BY THE ClTY COUNCIL OF THE ClTY
OF ANNA, TEXAS:
Section I - Definitions
Firearm shall mean any pistol, handgun, rifle or shotgun that fires a projectile
through the combustion of gunpowder or propellant.
Other Weapon shall mean any paintball gun, BB gun, pellet gun, air rifle or air
pistol, bow, compound bow, crossbow, crossbow pistol or any other device
capable of firing an arrow or bolt.
IndoorArchery Range shall mean a room, place or enclosure equipped with
targets for practice with a bow, compound bow, crossbow, crossbow pistol or any
other device capable of firing an arrow or bolt.
Indoor Firing Range shall mean a room, place or enclosure equipped with targets
for practice with any BB gun, pellet gun, air rifle or pistol, gun, pistol or Firearm of
any description.
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Permit Holder shall mean the person to which a permit was issued or his
guest@). A person shall be assumed to be a guest if the Permit Holder is present
at the permitted activity and consents to the person's presence or the person has
written permission to participate in the permitted activity from the person to which
the permit was issued and a copy of the permit. Written permission must include
the name, date of birth and home address of the person being given permission.
Section 2 - Public Nuisance
The discharge of any Firearms or Other Weapons in violation of this Ordinance is
hereby declared to be a public nuisance. Notwithstanding any penal provision
afforded in this Ordinance, the City Attorney is authorized to file suit on behalf of
the City for such injunctive relief as may be necessary to prevent the violation of
any provision of this Ordinance, but it shall not be necessary to obtain any such
injunctive relief as a prerequisite to enforcement of a penal provision under this
Ordinance or other law.
Section 3 - Exemptions
This Ordinance does not apply to:
(a) the discharge of Firearms or Other Weapons in an area annexed by the
municipality after September 1, 1981, if the Firearm or Other Weapon is:
(1) a shotgun, air rifle or pistol, 66 gun, or bow and arrow discharged:
a. 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
b. in a manner not reasonably expected to cause a projectile to cross
the boundary of the tract; or
(2) a center fire or rim fire rifle or pistol of any caliber discharged:
a. 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
b. in a manner not reasonably expected to cause a projectile to cross
the boundary of the tract; or
(b) a peace officer lawfully acting within the scope of the peace officer's
duties;
(c) an authorized agent, officer, employee or representative of a state or
federal agency lawfully acting with the scope of that person's duties;
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(d) the discharge of Firearms or Other Weapons by a person acting in self
defense or defense of another, provided that the person's action is
otherwise justified by law;
(e) the discharge of any Firearm that does not release a projectile and is used
solely as part of a demonstration at a special event, function or activity, or
for signal or ceremonial purposes in athletic events, or by a military
organization;
(9 the use of toy bows and soft rubber tipped arrows;
(g) the discharge of Firearms or Other Weapons by a person acting in
defense of pets, livestock, crops or other property, provided that the
person's action is otherwise justified by law;
(h) the othennrise legal discharge of Firearms or Other Weapons within an
Indoor Firing Range or Indoor Archery Range; or
(i) discharging a Firearm in the City's extraterritorial jurisdiction, provided that
the projectile is discharged in a manner not reasonably expected to cause
the projectile to cross into the City's corporate limits.
Section 4 - Prohibitions and Restrictions
With regard to the discharge of Firearms within the City's corporate limits, and
subject to the exemptions under Section 3 of this Ordinance, it shall be unlawful
to discharge:
(a) a Firearm without first obtaining a permit from the City Manager;
(b) any Other Weapon:
(1) when discharged on a tract of land that is less than two acres in size;
or
(2) when discharged less than 150 feet from a residence or occupied
building located on another property; or
(c) a shotgun of any gauge:
(1) when discharged on a tract of land that is less than 10 acres in size; or
(2) when discharged less than 150 feet from a residence or occupied
building located on another property; or
(d) a handgun, center fire or rim fire rifle or pistol of any caliber:
(1) when discharged on a tract of land that is less than 50 acres in size; or
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(2) when discharged less than 300 feet from a residence or occupied
building located on another property; or
(e) any Firearm or Other Weapon unless discharged in a manner not
reasonably expected to cause a projectile to cross the boundary of the
tract upon which the discharge is made;
(f) any Firearm or Other Weapon at a location that is not within an area
zoned AG - Agricultural; or
(g) any Firearm or Other Weapon discharged in the City's extraterritorial
jurisdiction if the discharge results in the projectile crossing into the City's
corporate limits on any property within the City's corporate limits where
said discharge is unlawful under this Ordinance or other law.
Section 5 - Permit
(a) Permits may only be issued to allow the discharge of Firearms within an
area zoned AG - Agricultural.
(b) A permit issued under this Ordinance does not provide a Permit Holder
any sort of exemption from the provisions of this Ordinance and a Permit
Holder must at all times comply with all provisions of this Ordinance.
Section 6 - Application for Permit
A person wishing to obtain a permit required by this Ordinance must file
with the City Manager's office an application containing the following
information:
(a) the name and address of the applicant;
(b) a description of the property, including property line dimensions and
total acreage of the property where the Firearm will be discharged;
(c) the name of the owner(s) of the property where the Firearm will be
discharged;
(d) the type of the Firearm to be used; i.e. rifle, shotgun, or handgun,
and whether it is a rim fire or center fire caliber;
(e) if the applicant is not the property owner(s), a document evidencing
that the applicant has the express permission of the owner to use
the land to discharge Firearms; and
(f) the purpose of discharging the Firearm, and the time period
requested, not to exceed one year.
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Section 7 - Police Review of Application
Upon receipt of an application for a permit required by this Ordinance, the City
Manager shall immediately fonnrard same to the police department. The police
department shall have seven working days in which to review the application
to determine whether:
(a) discharging a Firearm in the location requested would detrimentally affect
public safety, health, or welfare;
(b) the applicant has been convicted of a felony or falsified the application;
and
(c) the location meets the minimum area and distance requirements of this
Ordinance.
Section 8 - Action on Application
Upon receiving the report from the police department, the City Manager shall,
based upon the police department's findings, act upon the application by either
issuing or denying the permit, within ten business days. If the City Manager
issues the permit, the permit shall designate a period that appropriately allows for
the applicant's purpose in requesting the permit, but not to exceed one year.
Section 9 - Possession, Displav of Permit
Approved permits issued under this Ordinance shall be carried on the Permit
Holder's person at any time a Firearm is discharged or carried on the location
that the permit describes, and shall be shown upon the request of any peace
officer. Failure to show a permit is a violation of this Ordinance.
Section 10 - Revocation of Permits
(a) A permit issued under this Ordinance may be seized by any police officer,
and may be revoked by the chief of police, if:
(1) the Permit Holder fails to show the permit to a police officer upon
request;
(2) complaints from an adjacent property owner or a law enforcement
officer are received that allege unsafe weapon handling or discharge;
(3) the Permit Holder discharges a Firearm of a type not specifically
indicated on the permit;
(4) the landowner requests revocation of all or specific permits issued for
his land;
ORD No. 291-2006 Regulating Discharge of Fire Arms 5
(5) violations of any of the provisions, restrictions or prohibitions of this
Ordinance occur.
(b) If the chief of police revokes a permit issued hereunder, he or she shall
send to the Permit Holder, by U.S. certified mail, return-receipt requested,
written notice of the revocation, the reason therefore, and the right to
appeal.
(c) The chief of police shall send a copy of the written notice of revocation to
the City Manager, who shall provide copies of such notice to the City
Council.
(d) A Permit Holder who has a permit revoked shall not be issued another
permit under this Ordinance for a period of 90 days from the date of
revocation for the first revocation and for a period of one year for any
subsequent revocation, unless the Permit Holder successfully appeals the
revocation.
Section 1 1 - Appeals Procedure
(a) A permit applicant or holder may appeal the denial or revocation of a
permit hereunder to the City Council subject to the following requirements:
(1) the appeal must be in writing and filed with the City Manager's ofice
within five business days of the denial or revocation action; and
(2) the appeal must clearly set out the basis of such appeal.
(b) Upon receipt of the appeal, the City Manger shall schedule a public
hearing to take place during the next regular City Council meeting
occurring after the expiration of ten business days after receipt of the
appeal by the City Manager.
(c) At the hearing, the City Council will hear and evaluate all evidence and
testimony regarding the permit denial or revocation submitted by any
interested party.
(b) Before the end of the meeting at which the public hearing takes place, the
City Council shall formally act to sustain or overrule the appeal and the
City Council's decision shall be final.
Section 12 - Civil Liabilitv, Persons Not Relieved
Nothing in this Ordinance shall relieve any person from any civil liability in
connection with the discharge of Firearms or Other Weapons referenced in this
Ordinance.
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Section 13 - Repeal Provision
All parts of any other ordinance in conflict with the provisions of this Ordinance
are to the extent of such conflict hereby repealed.
Section 14 - Penalties
A person commits an offense if the person violates any part of this Ordinance.
An offense of this Ordinance is a Class C misdemeanor. Any Person convicted
of violating this Ordinance shall be fined in an amount not to exceed $2,000 for
each incident of violation. Each day of the continuance of such violation shall be
considered a separate offense and shall be punished separately. The penal
provisions imposed under this Ordinance shall not preclude the City from filing
suit to enjoin the violation. The City retains all legal rights and remedies available
to it pursuant to local, state and federal law.
Section 15 - Severance
If any part of this Ordinance is for any reason found by a court of competent
jurisdiction to be invalid, illegal, or unenforceable, all other parts nevertheless
shall remain valid, legal, and enforceable.
Section 16 - Effective Date
This Ordinance shall be effective upon the posting andlor publication of its
caption as required by law and the City Secretary is hereby directed to implement
such posting andlor publication.
PASSED by the City Council of the City of Anna, Texas, by the following votes on
this the 10th day of October, 2006.
AYE 4 NAY 2 (Council Members Anderson ABSTAIN 0
and Geren)
AlTEST: APPROVED:
dRR, -
ry, Natha Wilkison r, Kenneth Pelham
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