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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. mw 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 040Z3 Ordinance No. 1466 Page 2 expected to cause any projectile to cross the bound- ary of the tract onto other premises. Cm 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. em "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~ 04uF..5