(A) Definition.
FIREARM. A pistol, revolver, rifle, bow and arrow, shotgun, short-barrel firearm, gas gun or gas pistol, BB gun or BB pistol, pellet gun or pellet pistol, zip gun, air gun, or any other device designed, made or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use.
(B) Unlawful activity.
(1) It is unlawful for any person to knowingly:
(a) Shoot, discharge or flourish any firearm, within the City of Canton except in those areas open to the public for lawful hunting or upon established shooting ranges.
(b) Have in his or her possession or under his or her control, or use or discharge, a firearm while under the influence of intoxicating liquor or a controlled substance.
(2) This section shall not apply to any officer of the United States, the state, the county or the municipality who is authorized to use firearms in the enforcement of any law or ordinance and who is actually engaged in such enforcement.
(3) This section shall not apply to a firearm utilizing blank cartridges or other means of non-projectile discharge as part of a military funeral, reception for a visiting head of state or dignitary, or other athletic, theatrical, ceremonial or commemorative events, if performed safely and directed away from persons, animals, equipment or structures so as to prevent personal injury or property damage.
(C) Violations and penalties. Violation of this section shall be a Class C Misdemeanor and, upon conviction, be punishable by a fine of not more than $500 for each offense. In addition, the firearm shall be forfeited to the City of Canton. If the conviction under division (B)(1) and (B)(2) is for the discharge of a firearm from a vehicle, the court may order forfeiture of the defendant’s interest in the vehicle to the municipality in addition to any other penalties.
(D) Effective date. The City Manager of the City of Canton is hereby authorized and directed to cause a true and correct copy of the caption, penalties and effective date of this section to be published in a newspaper having general circulation in the City of Canton, Texas, prior to its effective date. Following the publication, this ordinance shall be in full force and effect.
(Ord. 2006-23, passed 9-19-2006; Ord. 2008-13, passed 7-15-2008)