HomeMy WebLinkAbout1995-2160 - Ordinance - 12/14/1995ORDINANCE NO. 2160
AN ORDINANCE AMENDING CHAPTER 1, SECTION 16, OF THE CODE OF ORDI-
NANCES OF THE CITY OF COLLEGE STATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
That Chapter 1, Section 16, of the Code of Ordinances of the City of College Station, pertaining
to firearms, is hereby amended to read as follows:
"A. UNLAWFUL TO SHOOT FIREARMS WITHIN CITY
(1) Definitions:
(a)
'Firearm' as used in this section means specifically, but not exclusively, any
shotgun, pistol, rifle, air rifle or pistol, B.B. gun, bow & arrow, or any
other mechanism that discharges or ejects any bullet, buckshot, or any
other projectile of any size by force of combustion, mechanism, or air.
This term does not include pitching machines or similar devices that are
designed and used only as a substitute for a human action.
(b)
'One ownership' means an undivided parcel or tract of land that may be
owned by a person, corporation, or other entity, or by a combination
thereof, or by a tenant in common.
(c)
'Effective consent' means the consent of a person authorized to act, or
whom the shooter reasonably believed was so authorized.
(2)
It shall be unlawful to willfully or intentionally shoot a firearm within the limits of
the City of College Station, Texas, except as provided hereafter. A person assert-
ing an exception to prosecution under this section shall be required to prove the
same as a defense under the provisions of the Texas Penal Code and the Texas
Code of Criminal Procedures.
(3)
Excepted from this provision are:
(a)
Shooting a shotgun, air rifle or pistol, B.B. gun, or bow & arrow upon a
tract of land of ten acres or more under one ownership, with the effective
consent of the owner(s) and any tenant(s) residing thereon, and not within
300 feet of any residence or occupied building, provided that the firearm is
not discharged in such a manner that it would reasonably be expected to
cause any projectile to cross the boundary of the tract onto other premises.
Under this subsection, "shotgun" shall mean a 10 gauge or smaller shotgun
with shot no larger than size 7.
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(b)
Shooting a center fire or rim fire rifle or pistol of any caliber upon a tract of
land of fifty acres or more under one ownership, with the effective consent
of the owner(s) and any tenant(s) residing thereon, and not within 300 feet
of any residence or occupied building, provided that the firearm is not
discharged in such a manner that it would reasonably be expected to cause
any projectile to cross the boundary of the tract onto other premises.
(c)
Shooting any firearm in lawful defense of self, a third person, or property,
provided that the firearm is not discharged in such a manner as to unrea-
sonably endanger innocent persons.
(d)
Law enforcement and animal control officers while in the lawful discharge
of their duties.
UNLAWFUL TO CARRY FIREARMS IN CITY BUILDINGS
(1) Definitions:
(a)
'City building' as used in this subsection means any building or portion of a
building that is owned, occupied, leased, or controlled by the City of
College Station, Texas, for City operations and activities. The term
includes any building used primarily for administrative or maintenance
functions located within a City park, but it does not include any other
buildings or structures located within a City park. The term also does not
include any public or private driveway, street, sidewalk, walkway, parking
lot, parking garage, or other parking area.
(b)
'City park' as used in this subsection means any public park, recreation area,
playground, golf course, swimming pool, outdoor amphitheater, playing
field, or other outdoor recreational facility, or the grounds of any of the
foregoing, that is owned, occupied, leased, controlled, or maintained by the
City of College Station, Texas.
(c)
'Concealed handgun' as used in this subsection means any handgun, the
presence of which is not openly discernible to the ordinary observation of a
reasonable person.
(d)
'Handgun' as used in this subsection means any firearm that is designed,
made, or adapted to be fired with one hand.
(2)
It shall be unlawful for any person, other than a peace officer, to carry a firearm in
any City building, regardless of whether or not the person is duly licensed by the
State of Texas to carry a concealed handgun under the authority of Article
4413(29ee), Texas Revised Civil Statutes.
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C. PENALTY
A violation of this section shall constitute a misdemeanor and upon conviction thereof
shall be punishable by a fine pursuant to the General Penalty set out in Chapter 1, Section
5, of this Code of Ordinances."
II.
This ordinance shall become effective and be in full force and effect from and after its passage and
approval by the City Council and duly attested by the Mayor and City Secretary.
PASSED, ADOPTED and APPROVED this J ~{"~ day of December, 1995.
APPROVED:
ATTEST:
CONNIE HOOKS, City Secretary
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