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HomeMy WebLinkAboutO-2012-3430 amend Ch42/prohibiting the discharge of firearms within the city limitsORDINANCE NO. 2012- 3,1 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA PORTE AMENDING CHAPTER 42, "MISCELLANEOUS OFFENSES", ARTICLE II, "WEAPONS", OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY RESTRICTING DISCHARGE OF FIREARMS WITHIN THE CITY LIMITS; PROVIDING FOR DEFENSES; CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED FIVE HUNDRED DOLLARS; PROVIDING FOR PUBLICATION OF THE CAPTION HEREOF; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Chapter 42, "Miscellaneous Offenses", Article II, "Weapons", of the Code of Ordinances of the City of La Porte is hereby amended by adding new Sections 42-28 through 42-30, and amending Section 42-31, and shall hereafter read as follows, to -wit: "Sec. 42-28. Purpose. This ordinance 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, air guns, and other weapons. The City seeks to prevent bodily injury, death, and property damage within the City limits by restricting the discharge of such devises as provided herein. Sec. 42-29. Definitions. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section: (a) Air Gun means any 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. (b) Firearm 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, and shotguns. (c) Bow means a weapon for shooting arrows, composed of a curved piece of resilient wood or other material with a taut cord to propel the arrow. (d) Crossbow means a weapon consisting of a bow fixed transversely on a stock having a trigger mechanism to release the bowstring, and often incorporating or accompanied by a mechanism for bending the bow. Sec. 42-30. Discharge of firearms and air guns, shooting of other weapons prohibited; exceptions. (a) It shall be unlawful for any person to discharge a firearm or air gun within the City limits. (b) It shall be unlawful for any person to shoot a crossbow, bow, slingshot, catapult or such like device, or hurl or throw any missile by the use of a crossbow, bow, slingshot, catapult or such like device within the city limits. (c) It is a defense to prosecution under this section that: (1) The person discharged a firearm, air gun, or crossbow in the lawful defense or protection of a person or property in accordance with state law; (2) The person was a licensed peace officer, licensed security guard, or a member of the United States or state armed forces at the time of the discharge and provided that any such discharge is made in the course and scope of his or her official duties; (3) 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; (4) 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 or property damage; 2 (5) The person discharged an air gun, bow (other than a crossbow), slingshot, catapult, or other like device, or hurled or threw a missile by the use of a bow, slingshot, catapult or other like device on his or her own property, provided such device is not fired into or onto another person's property without the other owner's consent; (6) The person was at a shooting range operated by the United States government, or the State of Texas, or political subdivision of the state, or which is privately operated as authorized or permitted by the City; (7) The person was participating in an amusement arcade or paintball amusement facility authorized or permitted by the City; (8) 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; or (9) The person discharged a shotgun or air gun on his or her own property for the purpose of protecting livestock from predatory animals, but only in those cases where the property is at least one acre in size and the discharge is done in a manner not reasonably expected to cause a projectile to enter into or onto another person's property. Section 42-31. Discharge of firearms authorized on certain property. (a) The prohibition of the discharge of firearms shall not apply to areas in the city's extraterritorial jurisdiction or area annexed by the City after September 1, 1981, if the firearm or weapon is: (1) a shotgun, air rifle, pistol, or BB gun discharged: a.on a tract of land 10 acres or more; b. more than 150 feet from a residence or occupied building located on another property; and c.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 50 acres or more; b. more than 300 feet from a residence or occupied building located on another property; and c.in a manner not reasonably expected to cause a projectile to cross the boundary of the tract; or (b) The prohibition of the discharge of firearms shall not apply on property owned by the United States, State of Texas, or a political subdivision of this state, where the discharge is conducted by an official, employee, or agent of such entity in the course and scope of his or her official duties or where conducted pursuant to an officially sanctioned wildlife management program." Section 2. Chapter 42, "Miscellaneous Offenses", Article II, "Weapons", of the Code of Ordinances of the City of La Porte is hereby amended by amending section 42-37, and shall hereafter read as follows, to -wit: "Sec. 42-37. Penalty for violation of article. Any person who violates this article shall be guilty of a misdemeanor and upon conviction in the municipal court of the city shall be subject to a fine in an amount established by the city and listed in appendix B of this Code. Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined in this article. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 5. If any provision, section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, vividness or invalidity of any other portion hereof, and all provisions of this ordinance are declared to be severable for that purpose. Section 6. Any person who violates a provision of this ordinance, upon conviction in the municipal court of the City of La C Porte shall be subject to fine not to exceed five hundred dollars ($500.00) . Section 7. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice to the passage of the ordinance by causing the caption to be published in the official newspaper of the City of La Porte at least once within ten (10) days after the passage of the ordinance. PASSED AND APPROVED, this d 7 t�Aay of 2012. IM ATTEST: Ar- , I W Patrice Fogart City Secretary 61 APPROVED: Clark T. Askins Assistant City Attorney ORDINANCE NO. 2012 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA PORTE AMENDING CHAPTER 421 "MISCELLANEOUS OFFENSES", ARTICLE II, "WEAPONS", OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY RESTRICTING DISCHARGE OF FIREARMS WITHIN THE CITY LIMITS; PROVIDING FOR DEFENSES; CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED FIVE HUNDRED DOLLARS; PROVIDING FOR PUBLICATION OF THE CAPTION HEREOF; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Chapter 42, "Miscellaneous Offenses", Article II, "Weapons", of the Code of Ordinances of the City of La Porte is hereby amended by adding new Sections 42-28 through 42-30, and amending Section 42-31, and shall hereafter read as follows, to -wit: "Sec. 42-28. Purpose. This ordinance 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, air guns, The City seeks to prevent bodily injury, death, and property damage within the City limits by restricting the discharge of such devises as provided herein. Sec. 42-29. Definitions. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section: (a) Air Gun means any 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. (b) Firearm 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, and shotguns. Sec. 42-30. Discharge of firearms and air guns, shooting of other weapons prohibited; exceptions. (a) It shall be unlawful for any person to discharge a firearm or air gun within the City limits. (M It is a defense to prosecution under this section that: (1) The person discharged a firearm, air gun, in the lawful defense or protection of a person or property in accordance with state law; (2) The person was a licensed peace officer, licensed security guard, or a member of the United States or state armed forces at the time of the discharge and provided that any such discharge is made in the course and scope of his or her official duties; (3) 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; (4) 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 or property damage; 2 M on his or her own property, provided such device another person's property without the is not fired into or onto other owner's consent; (6) The person was at a shooting range operated by the United States government, or the State of Texas, or political subdivision of the state, or which is privately operated as authorized or permitted by the City; (7) The person was participating in an amusement arcade or paintball amusement facility authorized or permitted by the City; (8) 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; or See. 42 3-1. Sheeting airguns, slingshets and ether similar devlee-s it shall be unlawfu! fer any persen te sheet an a4:un, slingshot, er neap' any publ E- square en --street within the -elty limits. Section 42-31. Discharge of firearms authorized on certain property. (a) The prohibition of the discharge of firearms shall not apply to areas =or area annexed by the City after September 1, 1981, if the firearm or weapon is: (1) a shotgun, air rifle, pistol, or BB gun discharged: a.on a tract of land 10 acres or more; b.more than 150 feet from a residence or occupied building located on another property; and 6101 c.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 50 acres or more; b.more than 300 feet from a residence or occupied building located on another property; and c.in a manner not reasonably expected to cause a projectile to cross the boundary of the tract; or (b) The prohibition of the discharge of firearms shall not apply on property owned by the United States, State of Texas, or a political subdivision of this state, where the discharge is conducted by an official, employee, or agent of such entity in the course and scope of his or her official duties or where conducted pursuant to an officially sanctioned wildlife management program." Section 2. Chapter 42, "Miscellaneous Offenses", Article II, "Weapons", of the Code of Ordinances of the City of La Porte is hereby amended by amending section 42-37, and shall hereafter read as follows, to -wit: "See. 42-37—Penalty fe r vigil a -t i e n e f- article . in aPnd4:x B of this --fie . "Sec. 42-37. Penalty for violation of article. Any person who violates this article shall be guilty of a misdemeanor and upon conviction in the municipal court of the city shall be subject to a fine in an amount established by the city and listed in appendix B of this Code. Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined in this article. A Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 5. If any provision, section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, vividness or invalidity of any other portion hereof, and all provisions of this ordinance are declared to be severable for that purpose. Section 6. Any person who violates a provision of this ordinance, upon conviction in the municipal court of the City of La Porte shall be subject to fine not to exceed five hundred dollars ($500.00). Section 7. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice to the passage of the ordinance by causing the caption to be published in the official newspaper of the City of La Porte at least once within ten (10) days after the passage of the ordinance. PASSED AND APPROVED, this day of , 2012. CITY OF LA PORTE Louis R. Rigby Mayor ATTEST: Patrice Fogarty City Secretary APPROVED: Clark T. Askins Assistant City Attorney