(a) For purposes of this section,
FIREARM means a gun, pistol, rifle or other device designed, made or adapted to expel a projectile through a barrel or cylinder by using the energy generated by an explosion or burning substance or any device readily convertible to that use.
(b) It shall be unlawful for any person to discharge a firearm within the city; provided, that this section shall not be so construed as to prohibit the discharge of a firearm if:
(1) The person was on premises owned or operated by any branch of the armed services of the United States government, Texas National Guard, Texas State Guard or any responsible organization existing for the purpose of operating and maintaining a rifle or pistol firing range, provided such discharge is in the course of the regular functions and course of training of such branch of the armed services or such other organization and provided, further, that such branch of the armed services or other organization has secured and holds a permit from the city council;
(2) The person was lawfully defending person or property;
(3) The person was a certified peace officer or certified security guard in the performance of his or her duties;
(4) The person was using blank cartridges for a show or theatrical production, for an event sponsored by a military organization, or for signal or ceremonial purposes for athletic events;
(5) The person was using blank cartridges for bird disbursement, had a valid current permit to participate in the city’s bird relocation program and is operating in accordance with the city’s adopted bird disbursement policies and program;
(6) The person was discharging a shotgun, air rifle or pistol, BB gun or bow and arrow on a tract of land that is ten acres or more that was annexed by the city after September 1, 1981 and the discharge was more than 150 feet from a residence or occupied building located on another property and was in a manner not reasonably expected to cause the projectile to cross the boundary of the tract;
(7) The person was discharging a center fire or rim fire rifle or pistol of any caliber on a tract of land of 50 acres or more that was annexed by the city after September 1, 1981 and the discharge was more than 300 feet from a residence or occupied building located on another property and was in a manner not reasonably expected to cause a projectile to cross the boundary of the tract; or
(8) The person was discharging a firearm in the extraterritorial jurisdiction of the city.
(1964 Code, § 27-10) (Ord. 16641, § 1, passed 10-11-2005)