ORD 2011-21TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2011-21
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
REPEALING ARTICLE FIVE ENTITLED "DISCHARGE OF FIREARMS"
OF CHAPTER TEN ENTITLED "PUBLIC SAFETY" OF THE CODE OF
ORDINANCES OF THE TOWN AND ADOPTING A NEW ARTICLE FIVE
ENTITLED "DISCHARGE OF FIREARMS AND REGULATION OF
WEAPONS" OF CHAPTER TEN ENTITLED "PUBLIC SAFETY" OF
THE CODE OF ORDINANCES; PROVIDING FOR THE
INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENTS
TO CHAPTER TEN AS SET FORTH IN THE ORDINANCE; PROVIDING
A CUMULATIVE REPEALER CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING SEVERABILITY; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; PROVIDING THAT ANY
PERSON WHO VIOLATES ARTICLE 5 OF CHAPTER 10 OF THE CODE
OR ORDINANCES, SHALL BE GUILTY OF A CLASS C
MISDEMEANOR PUNISHABLE BY A PENALTY NOT TO EXCEED
TWO THOUSAND DOLLARS ($2,000.00) AND THAT EACH DAY THE
VIOLATION IS ALLOWED TO EXIST OR CONTINUES TO EXIST
SHALL BE A SEPARATE OFFENSE FOR EACH VIOLATION;
PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Town adopted an ordinance regulating the discharge of firearms
within the Town that has been codified in Article 5 of Chapter 10 of the Code of
Ordinances of the Town; and
WHEREAS, upon review of Article 5, Town staff determined that as currently
written, Article 5 was in need of update to ensure that hunting within the Town is
prohibited, that other types of weapons are included in the regulations, and that certain
regulations are included; and
WHEREAS, in order to protect the public health, safety, and welfare, it is
necessary to amend Article 5 as set forth herein; and
WHEREAS, the Town Council hereby finds that the repeal of the existing Article
5 entitled "Discharge of Firearms" of Chapter 10 of the Code of Ordinances of the Town
and the adoption of a new Article 5 entitled "Discharge of Firearms" of Chapter 10 of the
Code of Ordinances of the Town as set forth below is in the best interests of the health,
safety and welfare of the citizens of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises having been found by the Town Council to be true
and correct are incorporated herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
2.01 Article V entitled "Discharge of Firearms" of Chapter X entitled "Public Safety" of
the Code of Ordinances of the Town of Trophy Club is hereby repealed and a new
Article V entitled "Discharge of Firearms and Regulation of Weapons" of Chapter X of
the Code of Ordinances of the Town is hereby adopted and shall be and read in its
entirety as follows:
"Article V. Discharge of Firearms and Regulation of Weapons.
Section 5.01 Definitions.
A. Airgun means any device designed, made, or adapted to expel a projectile
through a barrel by using the energy generated by compressed air and
including, but not limited to, air guns, BB or pellet guns, air-soft guns, paint
ball guns and other similar devices.
B. Archery Equipment shall mean a long bow, compound bow, recurved bow,
crossbow or other similar device.
C. Domestic Animal shall mean any animal other than Wildlife as defined
herein.
D. Firearm means any device designed, made, or adapted to expel a
projectile through a barrel by using the energy generated by an explosion
or buming substance or any device readily convertible to that use.
E. Wildlife means any wild mammal, aquatic animal, wild bird, amphibian,
reptile, mollusk, or crustacean, or any part, product egg, or offspring, of any
of these, dead or alive.
Section 5.02 Discharge of Firearms Prohibited.
A. Discharge. It shall be unlawful for any person to fire or discharge any
Firearm within the Town. Notwithstanding the foregoing, the following actions
shall be allowed:
1. The discharge of a Firearm done in the necessary and lawful protection of a
person, premises or property, unless such discharge is reckless or negligent
under the circumstances existing at the time.
2. The discharge of a Firearm by a duly authorized peace officer while lawfully
carrying out his official duties.
ORD 2011-21 Page 2 of 6
Section 5.03 Firearms Dealers.
A. Generally. A person making application to hold or holding any federal Firearms
license to conduct business in the Town shall:
1. Comply with all Federal, State, County, and local regulations regarding all
applicable license applications and/or the operation of such Firearm or
Firearm related business.
2. Advise the Chief of Police or his or her designee of the theft or loss of any
Firearm in the possession or control of such person and shall supply the
make, model, and serial number of any such Firearm stolen or lost.
3. Secure all Firearms in his or her possession in a secure device designed for
the purpose of storing Firearms.
B. Prohibited Conduct. No person holding any federal Firearms license to
conduct business in the Town shall store black or smokeless powder for retail
sale.
Section 5.04 Other Weapons.
A. Archery Equipment. It shall be unlawful for any person to discharge any
Archery Equipment within the Town. Notwithstanding the foregoing, the
following actions shall be allowed:
1. The discharge of Archery Equipment in an establishment properly fitted
and arranged for the purpose so that no danger arises therefrom;
provided, however, that an archery range shall only be allowed in an
establishment which has as its primary operation the sale and/or repair
of sporting equipment or Archery Equipment.
2. The discharge of Archery Equipment done in the necessary and lawful
protection of the person, premises or property unless such discharge is
reckless or negligent under the circumstances existing at the time;
3. The discharge of Archery Equipment on private property when all
projectiles discharged remain contained within the confines of property
controlled or owned by the person discharging or allowing the discharge
of the archery equipment.
4. The discharge of Archery Equipment by a person under the age of
eighteen (18) on private property when such minor person is under the
supervision of an adult person controlling or owning the property and all
projectiles discharged remain contained within the confines of the
property.
B. Archery Equipment -Animals. No person shall use Archery Equipment to
intentionally, knowingly, or recklessly injure or kill either a Domestic Animal or
Wildlife.
C. Airguns. It shall be unlawful for any person to discharge an Airgun within the
Town. Notwithstanding the foregoing, the following actions shall be allowed:
ORD 2011-21 Page 3 016
1. The discharge of an Airgun on private property when all projectiles
discharged remain contained within the confines of property controlled or
owned by the person discharging or allowing the discharging of the Airgun.
2. The discharge of an Airgun by a person under the age of eighteen (18) on
private property when such minor person is under the supervision of an adult
person controlling or owning the property and all projectiles discharged
remain contained within the confines of the property.
D. Airguns -Animals. No person shall use an Airgun to intentionally, knowingly, or
recklessly injure or kill either a Domestic Animal or Wildlife.
Section 5.05 Hunting.
A. No person shall hunt Wildlife within the Town of Trophy Club or on property
leased by the Town of Trophy Club, except as follows:
1. When acting pursuant to a written contract with the Town of Trophy Club.
2. When acting in the course and scope of employment with the Trophy Club
Police Department in accordance with such person's job description.
3. When acting pursuant to a written contract with the U.S. Army Corp of
Engineers or a permit issued by the U.S. Army Corp of Engineers. "
Section 3.
Penalty
It shall be unlawful for any person to violate any provision of this Ordinance, and any
person violating or failing to comply with any provision of this Ordinance shall be fined,
upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars
($2000.00), and a separate offense shall be deemed committed upon each day during
or on which a violation occurs or continues. The penalty provided herein shall be
cumulative of all other remedies available for enforcement of the provisions of this
Ordinance. The remedy provided herein shall be cumulative of all other remedies
authorized by law.
Section 4.
Cumulative Repealer Clause
This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of
the provisions of such Ordinances except for those instances where there are direct
conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at
the time this Ordinance shall take effect and that are inconsistent with this Ordinance
are hereby repealed to the extent that they are inconsistent with this Ordinance.
Provided however, that any complaint, action, claim or lawsuit which has been initiated
or has arisen under or pursuant to such Ordinance on the date of adoption of this
Ordinance shall continue to be governed by the provisions of that Ordinance and for
that purpose the Ordinance shall remain in full force and effect.
ORO 2011-21 Page4of6
Section 5.
Severability
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or
application thereof to 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 this Ordinance despite such invalidity, which remaining
portions shall remain in full force and effect.
Section 6.
Savings
All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to
any and all Violations of the provisions of any other Ordinance affecting the discharge of
firearms which have secured at the time of the effective date of this Ordinance; and, as
to such accrued Violations and all pending litigation, both civil and criminal, whether
pending in court or not, under such Ordinances same shall not be affected by this
Ordinance but may be prosecuted until final disposition by the courts.
Section 7.
Publication
The Town Secretary of the Town of Trophy Club is hereby directed to publish the
Caption, Penalty Clause, and Effective Date Clause of this Ordinance as required by
Section 52.011 of the Texas Local Government Code.
Section 8.
Engrossment and Enrollment
The Town Secretary of the Town of Trophy Club is hereby directed to engross and
enroll this Ordinance by copying the exact Caption and Effective Date clause in the
minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in
the Ordinance records of the Town.
Section 9.
Effective Date
This Ordinance shall become effective from and after its date of adoption and
publication as provided by law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas this 6th day of June, 2011.
ORD 2011-21 Page 5 of 6
EFFECTIVE DATE:
ATTEST:
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\Sh'annon DePrater, Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
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Patricia A. Adams, Town Attomey
Town of Trophy Club, Texas
ORD 2011-21
Connie White, Mayor
Town of Trophy Club, Texas
[SEAL]
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