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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. ORD No. 291-2006 Regulating Discharge of Fire Arms 1 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; ORD No. 291-2006 Regulating Discharge of Fire Arms 2 (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 ORD No. 291-2006 Regulating Discharge of Fire Arms 3 10-10-06 (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. ORD No. 291-2006 Regulating Discharge of Fire Arms 4 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. ORD No. 291-2006 Regulating Discharge of Fire Arms 6 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 ORD No. 291-2006 Regulating Discharge of Fire Arms 7