HomeMy WebLinkAboutORD 2009-07 - Weapons CodeORDINANCE NO. ,)0O1' 01
An Ordinance of the City Council of the City Of Georgetown, Texas
Repealing and Replacing Chapter 9.08 of the Code of Ordinances
Relating to Weapons; Repealing Conflicting Ordinances; Providing a
Severability Clause; and Establishing an Effective Date.
WHEREAS, the City Council of the City of Georgetown desires to provide for the public
safety by limiting the discharge of Weapons within the City Limits in accordance with
the limitations imposed on the City by Section 229.002 of the Texas Local Government
Code; and
WHEREAS, after receiving input from the City Manager and the Chief of Police at its
meeting on , 2008, the City Council found and determined that it would be in the
best interest of the community to limit the discharge of Weapons within the City as
contained herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, that:
SECTION 1 The facts and recitations contained in the preamble of this Ordinance are
hereby declared to be true and correct, and are incorporated by reference herein and
made a part hereof, as if copied verbatim. The City Council hereby finds that enactment
of this Ordinance is not inconsistent or in conflict with the 2030 Comprehensive Plan.
SECTION 2 Chapter 9.08 of the City Code of Ordinances is hereby repealed in its
entirety and replaced with the following:
CHAPTER 9.08. WEAPONS
Sec. 9.08.010. Definitions
Air Pozvered Weapon means any BB rifle or BB gun, pellet gun, air gun, paint ball
gun, spear gun, wrist rocket and/or slingshot of any description.
Archery Device means any bow, compound bow, long bow, cross bow, cross bow
pistol or any other device capable of firing an arrow or bolt.
Firearm means any pistol, handgun, rifle or shotgun that fires a projectile through
the combustion of gunpowder or other propellant.
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Indoor Archery Range means a room, place, or enclosure equipped with targets for
practice with a bow, compound bow, cross bow, cross bow pistol or any other
device capable of firing an arrow or bolt.
Indoor Firing Range means a room, place, or enclosure equipped with targets for
practice with any BB gun, pellet gun, air rifle or pistol, gun, pistol, or firearm of
any description.
Permit Holder means the person to whom a permit was issued under this chapter
or his or her guest(s) . A person shall be assumed to be a guest if the permit
holder is present at the permitted activity and consents to the person's presence
or the person has written permission to participate in the permitted activity from
the person to whom the permit was issued. Written permission must include the
name, date of birth and home address of the person being given permission.
Shooting Gallery means a room, place or enclosure wherein the firing of firearms
is permitted to practice marksmanship. Each shooting gallery shall consist of
only one (1) target area.
Weapon means any Air Powered Weapon, Archery Device, Firearm or any
combination thereof.
Sec. 9.08.020. Discharge of Weapons Prohibited.
Except as otherwise provided in Section 9.08.030, t is unlawful for any person to
fire or discharge any Air Powered Weapon, Archery Device, Firearm or other
Weapon for any reason, including but not limited to hunting, sporting, target
practice or competition within the City.
Sec. 9.08.030. Exceptions.
Section 9.08.020 of this Chapter shall not apply to Weapons discharged:
a. as may be allowed by the laws of this State or the United States, or
b. in the extraterritorial jurisdiction of the City or in an area annexed by
the City after September 1, 1981, if the firearm or other weapon is:
i. a shotgun, air rifle or pistol, BB gun, or bow and arrow
discharged:
1. on a tract of land of 10 acres or more and more than
150 feet from a residence or occupied building located
on another property; and
2. in a manner not reasonably expected to cause a
projectile to cross the boundary of the tract; or
ii. a center fire or rim fire rifle or pistol of any caliber discharged:
1. on a tract of land of 50 acres or more and more than
300 feet from a residence or occupied building located
on another property; and
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2. in a manner not reasonably expected to cause a
projectile to cross the boundary of the tract; or
c. the discharge of firearms in a shooting gallery or gunsmith's
establishment; or
d. with a Permit issued under this Chapter.
Sec. 9.08.040. Permit to Discharge a Weapon.
A person wishing to obtain a Permit to Discharge a Weapon must file with the
office of the Assistant City Manager an application containing the following
information:
a. The name and address of the Applicant;
b. A description of the property where the Weapon is to be discharged,
including property line dimensions and total acreage
c. The name of the owner(s) of the property;
d. The type of Weapon to be discharged; i.e. BB gun, long bow, cross
bow, etc.
e. If the Applicant is not the property owner(s), a document evidencing
that the Applicant has the permission of the owner to use the land;
and
f. the purpose of discharging the Weapon, and the time period
requested, not to exceed one (1) year.
Sec. 9.08.050. Police Department Review of Application.
A. Upon receipt of an application for a Permit required by this Chapter, the
Assistant City Manager shall immediately forward the application to the
Police Department. The Police Department shall have seven (7) working
days in which to review the application to determine whether:
1. Discharging a Weapon in the location requested would adversely
affect the public safety, health, or welfare; or
2. The applicant has been convicted of a felony or falsified the
application; or
B. If the Police Department finds that discharging the Weapon is likely to
adversely affect the public health, safety or welfare, or the Applicant has been
convicted of a felony, or falsified the application, then the Police Department
shall recommend denial of the permit application.
Sec. 9.08.060. Action on Application.
Upon receiving the report from the Police Department, the Assistant City
Manager shall act upon the application in a manner consistent with this Chapter.
If the Police Department finds that the application complies with the
requirements of Section 9.08.040 and 9.08.050, the Assistant City Manager shall
issue the permit within five (5) working days from receipt of the report from the
Police Department. If the Police Department finds the application does not
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comply with the requirements of Section 9.08.040 and 9.08.050, the Assistant City
Manager shall deny the permit application within five (5) working days from
receipt of the Report from the Police Department. If the Assistant City Manager
issues the permit, the Assistant City Manager shall designate an expiration date
of the permit, but in no event shall the term of any permit exceed one (1) year.
Sec. 9.08.070. Possession and Display of Permit.
Approved permits issued under this Chapter shall be carried on the permit
holder's person at any time the person is engaging in the activity permitted
under this Chapter and shall be shown upon the demand of any peace officer.
Sec. 9.08.080. Revocation of Permits.
A. A Permit issued under this Chapter may be seized and revoked by any
peace officer and shall be seized and revoked by a peace officer, if:
1. The permit holder fails to show the Permit to a peace officer upon
request; or
2. Complaints from an adjacent property owner or a law
enforcement officer are received that allege unsafe Weapon
handling or discharge; or
3. The permit holder is carrying or discharging a weapon of a type
not specifically indicated on the Permit; or
4. The landowner requests revocation of all or specific permits
issued for his land; or
5. Violations of any of the restrictions of this Chapter or state law
occur.
B. If a Permit is seized and revoked under this Chapter, the City's Police
Department shall send to the permit holder, by certified mail, return -
receipt requested, written notice of the revocation, including the reason
for the revocation and information regarding the permit holder's right to
appeal the revocation. The Police Department shall send a copy of the
written notice of revocation to the Assistant City Manager. A permit
holder who has a Permit seized shall not be issued another Permit under
this Chapter for a period of ninety (90) days from the date of revocation
for the first revocation and for a period of one year for any subsequent
revocation.
Sec. 9.08.090. Appeals Procedure.
A permit applicant or permit holder may appeal the denial or revocation of a
Permit hereunder to the City Manager subject to the following requirements.
a. The appeal must be in writing and filed with the City Manager's
office within five (5) working days of receipt of written notice of
permit denial or revocation;
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b. The appeal must clearly set out the basis for such appeal;
c. The City Manager shall act upon the appeal within ten (10) days of
receipt of the written appeal. The City Manager's decision shall be
final and binding on all parties.
SECTION 3 All Ordinances and Resolutions, or parts of Ordinances and Resolutions
that are in conflict with this Ordinance are hereby repealed, and no longer in effect.
SECTION 4 If any provisions of this Ordinance or application thereof to any person or
circumstance, shall be held invalid, such invalidity shall not affect the other provisions,
or applications thereof, of this Ordinance which can be given effect without the invalid
provision or application and to this end the provisions of this Ordinance are hereby
declared to be severable.
SECTION 5 The Mayor of Georgetown is hereby authorized to sign this Ordinance
and the City Secretary to attest. This Ordinance shall become effective and be in full
force and effecting accordance with the terms of the City Charter.
PASSED AND APPROVED on First Reading on th�� day ofjCLyj 2009.
PASSED AND APPROVED on Second Reading on the day of R160 I/-uOUr
2009.
ATTEST:
AV
ity Secretary
APPROVED AS TO FORM:
Patricia E. Carls
City Attorney
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THE C TY OF GEORGETOWN:
P
George G. Garver
Mayor