(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AIR GUN. Any device designed, made or adapted to expel a projectile through a barrel by means of compressed air, compressed gas, springs or any other means, except when accompanied by an adult who is 18 years of age or older, and operated in a safe manner.
FIRE ARM. Any 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) Rules of procedure. In any prosecution under this section in the Municipal Court or any other court of competent jurisdiction, the complaint charging the violation of this section need not negate the existence of any exception contained herein but the existence of the same may be raised by the defendant in any such prosecution by way of defense.
(C) Discharge of fire arms prohibited.
(1) From and after the effective date of this section, it shall be unlawful for any person to discharge a fire arm within the corporate limits of the town.
(2) It is an exception to the application of subsection (1) if the person discharging such fire arm is a peace officer within the meaning of Tex. Code of Criminal Procedure, Art. 2.12 and such person is actually engaged in the performance of his or her official duties as such or the person discharging such fire arm is actually engaged in the defense of his or her person or property or the person or property of a third person.
(D) Discharge of air guns prohibited.
(1) From and after the effective date of this section, it shall be unlawful for any person to discharge any air gun within the corporate limits of the town.
(2) It is an exception to the application of subsection (1) if the air gun in question is not capable of discharging a projectile at a velocity of 300 feet per second or more, or is not a caliber over .177.
(E) Generally. It shall be unlawful for any person to shoot or cause to be discharged or ejected from any air gun, air rifle, air pistol, spring gun or rifle, spring pistol, pellet gun, sling or any similar contrivance, any bullet, shot, pellet or missile of any character from or onto any street or public place or onto the private premises of another within the town limits.
(Ord. 97-10, passed 10-20-1997; Ord. 2006-06, passed 3-20-2006) Penalty, see § 130.99