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2006M58-Firearms 06-M-58 ORDINANCE NO. AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 50, MISCELLANEOUS OFFENSES AND PROVISIONS, ARTICLE IV, GUNS, BB GUNS, PELLET GUNS, SECTION 50-125, EXCEPTION, FORMERLY CHAPTER 10, ARTICLE IV, SECTION 10-70. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: WHEREAS, Chapter 50, Article IV of the Code of Ordinances was previously codified as Chapter 10, Article IV of such Code. SECTION I Chapter 50, Article IV, Section 50-125, formerly Chapter 10, Article IV, Section 10-70, of the Code of Ordinances, City of Schertz, Texas is hereby amended to read as follows: "Sec. 50-125. Exception. Excepted from section 50-124 are: (1) Shooting a shotgun upon a tract of ten (10) acres or more under one ownership, with the written consent of the owner(s) and any tenant(s) residing thereon, provided that the shotgun is not discharged within 900 feet (150 feet, if the tract of land was annexed by the City on or after September 1, 1981) of a residence or other occupied structure other than the property owner's or tenant's, or in such a manner as would reasonably be expected to cause any projectile to cross the boundary of the tract onto other premises. (2) Shooting a center fire or rim fire bullet or projectile from any rifle or pistol of any caliber upon a tract of fifty (50) acres or more under one ownership, with the written consent of the owner(s) and any tenant(s) residing thereon, provided that the rifle is not discharged within one mile (300 feet, if the tract of land was annexed by the City on or after September 1, 1981) of a residence or occupied structure other than the property owner's or tenant's, or in such a manner as would reasonably be expected to cause any projectile to cross the boundary of the tract onto other premises. 20173764.3 - 1 - (3) Notwithstanding the previous two subsections, no shooting of any kind shall be permitted in that portion of the City of Schertz, Texas located between highways 1-35 and FM-78 and a part of the City's corporate boundaries prior to September I, 1981. (4) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section: (i) "Adjacent" shall mean having a common border. (ii) "One ownership" shall mean an unsubdivided parcel, which may be owned by a person, corporation or other entity, or by a combination thereof or as tenants in common. (iii) "Shotgun" shall mean .410, 20, 16 or 12 gauge shotgun with shot no larger than size 6. (iv) "Written consent" shall mean the prior written consent of a person authorized to act, or whom the shooter reasonably believed was so authorized." SECTION II This Ordinance shall be effective from and after its final passage and any publication required by the City of Schertz. SECTION III All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed. PASSED AND APPROVED on first reading this the ~ ~ ~ day of November, 2006. PASSED, APPROVED, AND ADOPTED on second readi this the ~ day of December, 2006. ATTEST: 20173764.3 - 2 -