HomeMy WebLinkAbout1983-1466 - Ordinance - 10/27/1983~,~nINANCE NO. 1466
AN ORDINANCE AMENDING SECTION 16 OF CHAPTER I OF THE COLLEGE
STATION CODE OF ORDINANCES AND PROVIDING FOR EXCEPTIONS TO THE
OFFENSE OF DISCHARGING A FIREARM WITHIN THE CITY LIMITS,
PROVIDING FOR THE APPLICABILITY OF THE PENALTY PROVISION, AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS that Chapter I, Section 16 of the Code of
Ordinances of the City of College Station, Texas, is hereby
amended as follows:
SECTION 16: FIREARMS
A. UNLAWFUL TO SHOOT FIREARMS WITHIN CITY
It shall be unlawful to willfully or intentionally shoot
a firearm within the limits of the City of College Sta-
tion, Texas, except as provided hereafter. A person
asserting an exception to prosecution under this section
shall be required to prove same as a defense under the
provisions of the Texas Penal Code and Code of Criminal
Procedures.
A firearm shall include specifically, but not exclu-
sively, any shotgun, pistol, rifle, air rifle, B.B. gun,
bow and arrow, or any other mechanism that discharges or
ejects any bullet, buckshot, or any other metallic object
of any size by force of combustion, mechanism, or air.
2. Excepted from this provision are:
Shooting a shotgun upon a tract of ten acres or more
under one ownership, with the effective consent of
the owner(s) and any tenant(s) residing thereon, and
not adjacent to any developed area, provided that
the shotgun is not discharged in such a manner or
would reasonably be expected to cause any projectile
to cross the boundary of the tract onto other
premises. "Shotgun" shall mean a .410, 28, 16 or
12 gauge shotgun with shot no larger than size 4.
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Shooting a centerfire or rimfire rifle of any caliber
upon a tract of fifty acres or more under one owner-
ship, with the effective consent of the owner(s) and
any tenant(s) residing thereon, and not adjacent to
any developed area, provided that the rifle is not
discharged in such a manner as would reasonably be
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Ordinance No. 1466 Page 2
expected to cause any projectile to cross the bound-
ary of the tract onto other premises.
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Shooting any firearm in lawful defense of self, a
third person, or property, provided that the fire-
arm is not discharged in such a manner as to
unreasonably endanger innocent persons.
"One ownership" shall mean an unsubdivided parcel
which may be owned by a person, corporation, or
other entity, or by a combination thereof or tenant
in common. "Effective consent" means the consent of
a person authorized to act, or whom the shooter
reasonably believed was so authorized.
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"Developed area" shall mean any predominantly
residential area, either a platted subdivision or
group of residences which are built and developed
in close proximity to each other on lots of less
than five acres.
B. REGISTRATION
The owner(s), tenant(s), or person(s) with the
effective consent of the owner(s) and any tenant(s)
shall make application with the Chief of Police or
his delegate specifying the above enumerated
exception(s) of which he intends to take advantage.
The Chief of Police or his delegate may deny the
granting of an application where he believes that
there has been or will be a failure to comply with
the intent of the ordinance. In the event that an
application is denied, applicant shall have the
right So appeal to the City Council and receive a
hea~i~ a% the next available City Council meeting
where the item may be posted according to the
requisites of the Texas Open Meetings Act.
m
In the event an individual fails to make an applica-
tion and obtain approval of the Chief of Police or
his delegate, then none of the above enumerated
exceptions are available as a defense to
prosecution.
C. PENALTY
A violation of this section shall constitute a misdeamanor
and upon conviction thereof shall be punishable by a fine of
not less than Twenty-five Dollars ($25.00) or more than' Two
Hundred Dollars ($200.00).
ordinance No. 1466 Page 3
II.
It is ordained that this ordinance shall become effective from
and after its passage in accordance with the City Charter of the
City of College Station.
PASSED,
ADOPTED and APPROVED this 27th day of Octob~, 1283.
ATTEST
CITY ~EC-RET~
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