HomeMy WebLinkAboutOrd 732-2016 Discharge of FirearmsCITY OF ANNA, TEXAS ORDINANCE NO. 1 3 Q-c90\(o AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY CODE OF ORDINANCES BY AMENDING PART II (GENERAL ORDINANCES), ARTICLE 29 (GENERAL OFFENSES), SECTION 4 (DISCHARGE OF FIREARMS); PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City of Anna, Texas ("the City") has previously adopted ordinances,
rules and regulations regarding the discharge of firearms within the City's corporate
limits and extraterritorial jurisdiction; and
WHEREAS, the City of Anna, Texas City Council ("the City Council") has investigated
and determined that it would be advantageous and beneficial to the City and its citizens
to amend the Anna City Code of Ordinances by amending Part II (General
Ordinances), Article 29 (General Offenses), Section 4 (Discharge of Firearms);
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The above-referenced recitals are incorporated herein as if set forth in full for all purposes.
Section 2. Amendments.
In accordance with Part II, Article 1, Section 9 of the Anna Code, the City Council hereby
amends Part II (General Ordinances), Article 29 (General Offenses), Section 4 (Discharge
of Firearms) of the Anna City Code of Ordinances, as follows:
Section 4. Discharge of Firearms
For the purposes of this section, the following terms, words and the derivations
thereof shall have the meanings given herein.
City shall mean the City of Anna, Texas.
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.
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Indoor Archery 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. Permit Holder shall mean the person to vvhich a permit was issued or his guest(s). 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 vvritten permission to
participate in the permitted activity from the person to 1.vhich the permit 1.vas issued
and a copy of the permit. 'A'ritten permission must include the name, date of birth and
home address of the person being given permission.
4.01 Public Nuisance
The discharge of any Firearms or Other Weapons in violation of this section is hereby
declared to be a public nuisance. Notwithstanding any penal provision afforded in this
section, 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
section, but it shall not be necessary to obtain any such injunctive relief as a
prerequisite to enforcement of a penal provision under this section or other law.
4 .02 Exemptions
This section does not apply to:
(a) the discharge of Firearms or Other Weapons in the City Limits or in the City's
extraterritorial jurisdiction an area annexed by the municipality after September 1,
-1-9&1, if the Firearm or Other Weapon is:
(1) a shotgun or pistol or any caliber, air rifle or pistol, BB gun, or bovv and arrow
discharged:
(i) 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
1. more than 1,000 feet from:
a. the property line of a public tract of land, generally accessible by the
public, that is routinely used for organized sporting or recreational
activities or that has permanent recreational facilities or equipment;
and
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b. the property line of a school, hospital, or commercial day-care facility; 2. more than 600 feet from: a. the property line of a residential subdivision; and b. the property line of a multifamily residential complex; and
3. more than 150 feet from a residence or occupied building located on
another property; and
(ii) in a manner not reasonably expected to cause a projectile to cross the
boundary of the tract; ef
(2) a center fire or rim fire rifle or pistol of any caliber discharged:
(i) on a tract of land of 50 4-0 acres or more and: more than 150 feet from a
residence or occupied building located on another property; and
1. more than 1,000 feet from:
a. the property line of a public tract of land, generally accessible by the
public, that is routinely used for organized sporting or recreational
activities or that has permanent recreational facilities or equipment;
and
b. the property line of a school, hospital, or commercial day-care
facility;
2. more than 600 feet from:
a. the property line of a residential subdivision; and
b. the property line of a multifamily residential complex; and
3. more than 300 feet from a residence or occupied building located on
another property; and
(ii) in a manner not reasonably expected to cause a projectile to cross the
boundary of the tract;
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(3) any Other Weapon discharged: (i) more than 150 feet from a residence or occupied building located on another property; or (4) discharged at a sport shooting range, as defined by Section 250.001 of the Texas Local Government Code and operating legally, in a manner not reasonably expected to cause a projectile to cross the boundary of a tract of
land.
(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;
(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;
(f) 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; or
(h) the otherwise legal discharge of Firearms or Other Weapons within an Indoor
Firing Range or Indoor Archery Range;
(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;
4.03 Prohibitions and Restrictions
'Nith regard to the discharge of Firearms within the City's corporate limits, and Subject
to the exemptions under subsection 4.02 of this section, it shall be unlawful to
discharge:
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(a) a Firearm or Other Weapon within the City's corporate limits; without first obtaining a permit from the City Manager; (b) any Other 'A'eapon •11ithin the City's Corporate limits; (1) when discharged on a tract of land that is less than two acres in size; or (2) ·.vhen discharged less than 150 feet from a residence or occupied building located on another property; or
(b) a Firearm within 5,000 feet of the City's corporate limits unless the discharge
occurs:
(1) more than 1,000 feet from:
(i) the property line of a public tract of land located inside the City's
corporate limits, and generally accessible by the public, that is
routinely used for organized sporting or recreational activities or that
has permanent recreational facilities or equipment; and
(ii) the property line of a school, hospital, or commercial day-care
facility, located inside the City's corporate limits;
(2) more than 600 feet from:
(i) the property line of a residential subdivision located inside the City's
corporate limits; and
(ii) the property line of a multifamily residential complex located inside
the City's corporate limits; and
(3) more than 300 feet from a residence or occupied building located on another
property inside the City's corporate limits; and
(4) in a manner not reasonably expected to cause a projectile to cross the
boundary of the tract; or
(c) a shotgun of any gauge:
a. when discharged on a tract of land that is less than 10 acres in size; or
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b. 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: c. when discharged on a tract of land that is less than 50 acres in size; or d. 'Nhen discharged less than 300 feet from a residence or occupied building located on another property; or
(e) any Firearm or Other VVeapon 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 VVeapon at a location that is not within an area zoned AG
Agricultural; or
(c) any Firearm or Other Weapon discharged in the City's extraterritorial jurisdiction
within 5,000 feet of the City's corporate limits 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 section or other law.
4.04 Permit
(a) Permits may only be issued to allo1N the discharge of Firearms within an area
zoned /\G Agricultural.
(b) /\ permit issued under this section does not provide a Permit Holder any sort of
exemption from the provisions of this section and a Permit Holder must at all times
comply vvith all provisions of this section.
4.05 Application for Permit
A person vvishing to obtain a permit required by this section must file 'iNith 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 m.vner(s) of the property where the Firearm \Nill be discharged;
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(d) the type of the Firearm to be used; i.e. rifle, shotgun, or handgun, and 1.vhether 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.
4.06 Police Review of Application
Upon receipt of an application for a permit required by this section, the City Manager
shall immediately forward same to the police department. The police department shall
have seven v.mrking days in which to review the application to determine ·.vhether:
(a) discharging a Firearm in the location requested would detrimentally affect public
safety, health, or \Nelfare;
(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 section.
4.07 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, 1.vithin 10 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.
4.08 Possession, Display of Permit
Approved permits issued under this section 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 shov1
a permit is a violation of this section.
4.09 Revocation of Permits
(a) A permit issued under this section may be seized by any police officer, and may
be revoked by the chief of police, if:
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(1) the Permit Holder fails to sho•11 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;
(5) violations of any of the provisions, restrictions or prohibitions of this section
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, 'Nritten 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, vvho shall provide copies of such notice to the City Council.
(d) A Permit Holder •11ho has a permit revoked shall not be issued another permit
under this section 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.
4.10 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 \Nith the City Manager's office •.vithin 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 Manager shall schedule a public hearing to
take place during the next regular City Council meeting occurring after the
expiration of 10 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.
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(d) 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. 4.044.-1-4 Civil Liability, Persons Not Relieved Nothing in this section shall relieve any person from any civil liability in connection with the discharge of Firearms or Other Weapons referenced in this section.
4.05 4.-1-2 Penalties
A person commits an offense if the person violates any part of this section. An offense
of this section is a Class C misdemeanor. Any Person convicted of violating this
section shall be fined in an amount not to exceed $2,000 for each incident of violation,
unless otherwise specifically set forth in this Code. 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 section 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 3. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are repealed to
the extent of that conflict . If any provision of this ordinance shall be held to be invalid or
unconstitutional, the remainder of such ordinance shall continue in full force and effect
the same as if such invalid or unconstitutional provision had never been a part hereof.
The City declares that it would have passed this ordinance, and each section, subsection,
sentence, clause, or phrase thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, and phrases be declared unconstitutional or invalid
Section 4. Publication of the Caption Hereof and Effective Date.
This ordinance shall be in full force and effective upon the posting and/or publication, if
required by law, of its caption and the City Secretary is hereby directed to implement
such posting and/or publication .
PASSED by the City Council of the City of Anna, Texas, this the 25th day of October,
2016.
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