HomeMy WebLinkAboutOrdinance No. 91-28 . � � .
ORDINANCE NO. 91_2g
AN ORDINANCE AMENDING THE FRIENDSWOOD CITY CODE BY
STRIKING ALL OF SUBSECTION (a) OF SECTION 12-1 OF
CHAPTER 12 THEREOF AND SUBSTITUTING THEREFOR A NEW
SUBSECTION (a) OF SECTION 12-1; PROVIDING IT UNLAWFUL
TO DISCHARGE ANY GUN, PISTOL, OR OTHER FIREARM OR ANY
AIR RIFLE OR AIR PISTOL WITHIN THE CORPORATE BOUNDARIES
OF THE CITY; PROVIDING EXCEPTIONS; PROVIDING A PENALTY;
AND PROVIDING FOR SEVERABILITY.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXAS:
Section 1. The Friendswood City Code is hereby amended by
striking therefrom all of Subsection (a) of Section 12-1 of
Chapter 12, which provides as follows:
[ (a) It shall be unlawful for any person to discharge
any gun, pistol or other firearm or any air rifle or air
pistol of any description, by whatsoever name known that by
means of compressed air, compressed gas, springs or any
other means is capable of discharging shots, pellets or any
solid object in, on, across or near any house or any other
building or in, on, across or near any public square or
street or private roadway within the limits of the city.
This section shall not be construed to prohibit any officer
of the law from discharging a firearm in the performance of
his duty nor to any citizen from discharging a firearm when
lawfully defending persons or property. Provided, however,
the above provisions of this section shall not be applicable
to the discharge of firearms under the following conditions:
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(1) Firearms may be discharged at bona fide gun clubs
operating pursuant to a specific use permit
granted under the zoning ordinance of the city,
operating as a nonconforming use under the
provisions of said ordinance or operating under
some other applicable provision of said
ordinance. ]
and substituting therefor a new Subsection (a) to provide as
follows:
� It shall be unlawful for any person to discharge any
gun, pistol, or other firearm, or any air rifle or air
pistol, of any description, within the corporate boundaries
of the City. This section shall not be construed to
prohibit an officer of the law from discharging a firearm in
the performance of his duty nor to anv citizen from
discharging a firearm when lawfully defendinq persons or
property. Provided, further, the above provisions of this
section shall not be applicable to the discharge of firearms
at bona fide gun clubs lawfully operating pursuant to the
zoning ordinance of the City.
Section 2 . Any person who shall violate any provision of
this Ordinance shall be deemed guilty of a misdemeanor and, upon
conviction, shall be fined in an amount not to exceed $1, 000.
Each day of violation shall constitute a separate offense.
Section 3 . In the event any section, paragraph,
subdivision, clause, phrase, provision, sentence, or part of this
Ordinance or the application of the same to any person or
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circumstance shall for any reason be adjudged invalid or held
unconstitutional by a court of competent jurisdiction, it shall
not affect, impair, or invalidate this Ordinance as a whole or
any part or provisions hereof other than the part declared to be
invalid or unconstitutional and the City Council of the City of
Friendswood, Texas, declares that it would have passed each and
every part of the same notwithstanding the omission of any such
part thus declared to be invalid or unconstitutional, or whether
there be one or more parts.
PASSED AND APPROVED on first reading this 7th day of
n�tc�h�r � 1991.
PASSED, APPROVED, AND ADOPTED on second and final reading
this �_ day of p�r�,hPr , 1991.
GZs,c.�iN/ � ,^
aul W. Schrader
Mayor
ATTEST:
Deloris Arche , CMC
City Secretary
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