Ordinance 14-M-24 - Chapter 50 regulating discharge of gunsORDINANCE NO. 14 -M -24
AN ORDINANCE AMENDING THE CITY'S CODE OF ORDINANCES
CHAPTER 50, ARTICLE IV REGULATING THE DISCHARGE OF
GUNS; PROVIDING FOR CERTAIN EXCEPTIONS; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH
THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, Section 50 -124 of the City's Code of Ordinances currently prohibits the
discharge of a gun within the certain portions of the City limits; and
WHEREAS, Section 50 -125 of the City's Code of Ordinances currently provides certain
exceptions to the prohibitions found in Section 50 -124; and
WHEREAS, City Staff has reviewed the current regulations and hereby recommends
certain additional exceptions to the prohibition on the discharge of a gun be provided for in
Section 50 -125; and
WHEREAS, City Staff further recommends that Section 50 -124 be updated for
consistency with its purpose; and
WHEREAS, the City Council of the City of Schertz hereby finds and determines that the
recommendations of City Staff should be accepted; and
WHEREAS, City Council of the City of Schertz hereby finds and determines that the
exceptions to the prohibition on the discharge of a gun and the additional amendments provided
for herein are in the best interest of the health, safety, and welfare of the citizens of the City of
Schertz.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS:
Section 1. That Chapter 50, Article IV Guns, BB Guns, Pellet Guns be amended as
follows:
Sec. 50 -124. Unlawful to fire.
(a) It shall be unlawful to willfully or intentionally shoot a gun within the limits of
the city, except as provided in section 50 -125. 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 a Code of Criminal Procedure.
(b) A gun shall include specifically, but not exclusively, any shotgun, pistol, rifle,
that discharges or ejects any bullet, buckshot, or any other metallic object of any size by
force of combustion
(c) It shall be unlawful to willfully or intentionally discharge an airgun, BB gun, toy
gun, slingshot, crossbow, bow and arrow, or cast a stone or rock by a citizen not on his or
her own property or with the permission of the property owner, or if on his or her own
property or with the permission of the property owner, in a manner in which the projectile
enters into or onto another person's property.
(d) A violation of this section shall constitute a misdemeanor and upon conviction
shall be punishable by a fine pursuant to the general penalty set forth in this Code. hi
addition, the city may also direct the city attorney to bring a civil action in a court of
competent jurisdiction to enforce the provisions of this section.
See. 50 -125. Exception.
Excepted from section 50 -124 are:
(5) By any Public Safety Officer or by an individual under the supervision of Public
Safety Officer on property owned or leased by the City for purposes of gun training.
Section 2. The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part
of the judgment and findings of the Council.
Section 3. All ordinances and codes, or parts thereof, which are in conflict or
inconsistent with any provision of this Ordinance are hereby repealed to the extent of such
conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters
resolved herein.
Section 4. This Ordinance shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
Section 5. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City
hereby declares that this Ordinance would have been enacted without such invalid provision.
Section 6. It is officially found, determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Ordinance, was
given, all as required by Chapter 551, as amended, Texas Government Code.
Section 7. This Ordinance shall be effective upon the date of final adoption hereof and
any publication required by law.
PASSED ON FIRST READING, the 20'h day of May, 2014.
PASSED, APPROVED and ADOPTED ON SECOND READING, the 27th day of May,
2014.
CITY OF SC EXAS
is a R. Carpenter, Mayor
ATTEST:
renda Dennis, City Secretary
(CITY SEAL)