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Ordinance No. 2003.17 Village of Salado WEAPONS ORDINANCE AN ORDINANCE OF THE VILLAGE OF SALADO, TEXAS,
WHEREAS, the Board of Aldermen finds that the discharge of air guns, guns, firearms, explosive weapons, zip guns, and similar devices within the Village can result in bodily injury, death, and property damage; and WHEREAS, the Board of Aldermen finds that the discharge of air guns, guns, firearms, explosive weapons, zip guns, and similar devices constitutes a public nuisance that poses a significant and immediate threat to the health, safety, and welfare of Village citizens and their property; and WHEREAS, the Board of Aldermen finds that the noise generated by the discharge of air guns, guns, firearms, explosive weapons, zip guns, and similar devices constitutes a public nuisance; and WHEREAS, pursuant to Texas Local Government Code Chapter 51 the Board of Aldermen has the general authority to adopt and publish an ordinance or police regulation that is for the good government, peace or order of the municipality and is necessary or proper for the carrying out a power granted by law to the municipality; and
WHEREAS, the Board of Aldermen's authority to regulate the discharge of firearms, explosive weapons, and similar devices is expressly recognized by Texas Penal Code section 42.12; and WHEREAS, the Board of Aldermen's authority to restrict the possession of weapons in municipal buildings housing municipal court is expressly recognized by Texas Penal Code section 46.03.
1. FINDINGS OF FACT All of the above premises are hereby found to be true and correct legislative and factual findings of the Village of Salado and are hereby approved and incorporated into the body of this ordinance as if copied in their entirety. 2. PURPOSE This Ordinance is adopted so that the Board of Aldermen may promote the public health, safety, morals and general welfare within the Village through the regulation of the discharge of air guns, guns, firearms, explosive weapons, and similar devices. By prohibiting the discharge of guns, firearms, explosive weapons, zip guns, and by restricting the discharge of air guns, the Board of Aldermen seeks to prevent bodily injury, death, and property damage within the Village limits. 3. DEFINITIONS A. General B. Specific (1) Air Gun: means any device designed, made, or adapted to expel a projectile through a barrel by using the energy or force generated by the release of compressed gases. The term "air gun" includes but is not limited to b-b guns, pellet guns, air pistols and air rifles. (2) Explosive Weapon: means any explosive or incendiary bomb, grenade, rocket, or mine, that is designed, made, or adapted for the purpose of inflicting serious bodily injury, death, or substantial property damage, or for the principal purpose of causing such a loud report as to cause undue public alarm or terror, and includes a device designed, made, or adapted for delivery or shooting an explosive weapon. (3) Firearm: means any device designed, made, or adapted to expel a projectile through a barrel by using the energy or force generated by an explosion or burning substance or any device readily convertible to that use. The term "firearm" includes but is not limited to guns, handguns, machine guns, rifles, shotguns, automatic rifles, revolvers, and pistols. (4) Person: means any human individual or corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. (5) Public Place: means any place to which the public or a substantial
group of the public has access and includes, but is not limited to, parks,
streets, highways, and the common areas of schools, hospitals, apartments,
office buildings, transport facilities, and shops. (7) Village: means the incorporated municipality of the Village of Salado, located in Bell County, Texas, its agents and assigns. (8) Village Limits: means the incorporated municipal boundaries of the Village of Salado. (9) Zip Gun: means a device or combination of devices that was not originally
a firearm and is adapted to expel a projectile through a smooth-bore or
rifled-bore barrel by using the energy generated by an explosion or burning
substance. A. It shall be unlawful for any person to discharge, fire, or shoot any firearm, explosive weapon or zip gun of any description within the Village limits. B. It shall be unlawful for any person to discharge, fire, or shoot any firearm, explosive weapon or zip gun, of any description in any public place, on or across any public right-of-way, or across any property line within the Village limits. 5. EXCEPTIONS Section 4 of this Ordinance shall not apply to: A. licensed peace officers, as that term is defined by Texas Code of
Criminal Procedure, article 2.12(3), provided that such discharges are
made in the course and scope of the peace officers' official duties; 6. FIREARMS PROHIBITED ON COURT PREMISES A. It shall be unlawful for any person to intentionally, knowingly, or recklessly possess or go with a firearm, illegal knife, or club, as defined and prohibited by the Texas Penal Code, air gun, explosive weapon, or zip gun on the premises of any Village court or offices utilized by the Village court. B. This section does not apply to licensed peace officers or those persons possessing written authorization of the Village court. 7. EFFECTIVE DATE This Ordinance shall take effect immediately from and after its passage and publication as may be required by governing law. 8. ENFORCEMENT A. Civil and Criminal Penalties The Village shall have the power to administer and enforce the provisions
of this Ordinance as may be required by governing law. Any person violating
any provision of this Ordinance is subject to suit for injunctive relief
as well as prosecution for criminal violations. Any violation of this
Ordinance is hereby declared to be a nuisance. Any person violating any provision of this Ordinance shall, upon conviction, be fined a sum not exceeding $500.00. Each day that a provision of this Ordinance is violated shall constitute a separate offense. An offense under this Ordinance is a misdemeanor. C. Civil Remedies Nothing in this Ordinance shall be construed as a waiver of the Village's right to bring a civil action to enforce the provisions of this Ordinance and to seek remedies as allowed by law, including, but not limited to the following: (1) injunctive relief to prevent specific conduct that violates the Ordinance or to require specific conduct that is necessary for compliance with the Ordinance; and (2) a civil penalty up to $100.00 a day when it is shown that the defendant was actually notified of the provisions of the Ordinance and after receiving notice committed acts in violation of the Ordinance or failed to take action necessary for compliance with the Ordinance; and (3) other available relief. 9. SEVERABILITY It is hereby declared to be the intention of the Board of Aldermen that the phrases, clauses, sentences, paragraphs and sections of this ordinance be severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, and the remainder of this ordinance shall be enforced as written. 10. PROPER NOTICE AND MEETING It is hereby officially found and determined that the meeting at which
this ordinance was passed was open to the public as required and that
public notice of the time, place and purpose of said meeting was given
as required by the Open Meetings Act, Chapter 551 of the Texas Government
Code. Notice was also provided as required by Chapter 52 of the Texas
Local Government Code. VILLAGE OF SALADO by: ________________________________
THE STATE OF TEXAS I, Dianna Zulauf, being the current Village Secretary of the Village of Salado, Texas, do hereby certify that the attached is a true and correct copy of Ordinance No. ___________, passed and approved by the Board of Aldermen of the Village of Salado, Texas, on the ______ day of _________________, 2003, and such Ordinance was duly adopted at a meeting open to the public and notice of said meeting, giving the date, place and subject thereof, was posted as prescribed by Government Code 551.043. Witness my hand and seal of office this ____ day of ________________,
2003. _____________________________
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