ORD 1985-26 Firearms prohibited s
ORDINANCE NO. 0 85-26
TOWN OF TROPHY CLUB, TEXAS
AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, PROHIBITING
THE DISCHARGE OF FIREARMS WITHIN THE COR-
PORATE LIMITS OF THE TOWN; PROVIDING A
PENALTY NOT TO EXCEED THE SUM OF TWO
HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE
AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED UPON EACH DAY DURING OR ON
WHICH A VIOLATION OCCURS; PROVIDING A SEV-
ERABILITY CLAUSE; DECLARING AN EMERGENCY
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council is empowered under Articles 1011 and 1015,
Vernon's Annotated Texas Civil Statutes (V.A.T.C.S.) to do all acts and make all
regulations which may be necessary or expedient for the promotion of the public
health; and
WHEREAS, the Town Council is empowered under Article 1015(22) to
regulate the firing of guns or pistols within the corporate limits; and
WHEREAS, the discharge of firearms within the Town's Corporate limits
presents a danger to the health of all residents of the Town; the Town Council
hereby finds and determines it is necessary that a prohibition of the discharge
of firearms within the Corporate limits be adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That all of the above premises are found to be true and
correct and are incorporated into the body of this ordinance as if copied in their
entirety.
Section 2. DISCHARGE OF FIREARMS PROHIBITED
It shall be unlawful for any person to fire or discharge any gun, pistol,
rifle or any other firearm of any description within the Town Corporate limits.
This section shall not apply to the following exceptions:
A) the discharge of firearms when permitted or authorized by the laws
of this state or of the United States;
B) the discharge of a firearm in a shooting gallery or gunsmith's
establishment and when such shooting gallery or gunsmith's
establishment is properly fitted and arranged for the purpose so
that no danger arises therefrom; provided, however, no shotgun of
any character, nor any pistol or rifle larger than twenty-two (22)
calibre shall be used in a shooting gallery, and that no shooting
gallery shall be lawful in a gunsmith's establishment except in
connection with the necessary repair of the firearm used. A
"shooting gallery" must be indoors;
C) the discharge of a firearm done in the necessary and lawful
protection of the person, premises or property, unless such firing is
recklessly or carelessly done; and
D) firing or discharging of a firearm by a duly authorized peace
officer while carrying out his lawful duties.
Section 3. Any person violating any of the provisions of this ordinance
shall be deemed guilty of a misdemeanor and upon conviction thereof shall be
subject to a fine in a sum not to exceed Two Hundred Dollars ($200.00) for each
offense and a separate offense shall be deemed committed upon each day during
or on which a violation occurs.
Section 4. If any section, article, paragraph, sentence, clause, phrase or
word in this ordinance, or application thereto any person or circumstance is held
invalid or unconstitutional by a Court of competent jurisdiction, such holding
shall not affect the validity of the remaining portions of this ordinance; and the
Town Council hereby declares it would have passed such remaining portions of
the ordinance despite such invalidity, which remaining portions shall remain in
full force and effect.
Section 5. The fact that the present ordinances and regulations of the
Town of Trophy Club, Texas, are inadequate to properly safeguard the health,
safety, morals, peace, and general welfare of the inhabitants of the Town of
Trophy Club, Texas, creates an emergency for the immediate preservation of the
public business, property, health, safety, and general welfare of the public which
requires that this ordinance become effective from and after the date of its
passage and it is accordingly so ordained.
Section 6. All ordinances or parts of ordinances inconsistent or in
conflict with the provisions of this ordinance are hereby expressly repealed to
the extent of the inconsistency or conflict.
PASSED AND APPROVED this the 28 day of October , 1985.
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;or, Town of T phy Club, Texas
A E T:
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