0527ORDINANCE NO. 527
AN ORDINANCE PROHIBITING THE DISCHARGE OF ANY GUN, PISTOL
OR ANY OTHER WEAPONS DESIGNED AS AIR PROJECTILES;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule city
acting under its charter adopted by the electorate pursuant to
Article XI, Section 5 of the Texas Constitution and Chapter 9 of
the Local Government Code; and
WHEREAS, the City of Southlake deems it necessary for the
health, safety and welfare of the citizens of Southlake to adopt
this ordinance regulating and prohibiting the discharge of guns,
pistols, firearms and other similar weapons as provided herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
It shall
pistol, rifle,
be unlawful
SECTION 1
for any person to discharge any gun,
firearm, crossbow, or any other weapon designed as
an air projectile, or an air rifle or air pistol of any description
by whatever name known, that by means of compressed air, compressed
gas, springs, or any other means is capable of discharging shots,
pellets, or any solid object at a velocity in excess of three
hundred (300)
Southlake.
feet per second, within or across the city limits of
This
by a police officer
SECTION 2
ordinance shall not prohibit the discharge of a firearm
in the discharge of his official duties.
SECTION 3
This ordinance shall not prevent the reasonable discharge of
a weapon for the necessary and lawful protection of one's person,
premises or property,
or negligent manner.
This ordinance
unless such discharge be done in a reckless
SECTION 4
shall not prohibit the discharge of a weapon
at a range or other similar location specifically designed and
operated by a governmental entity, a branch of the armed services
or a responsible organization existing for the purpose of operating
and maintaining the range, provided that such governmental entity,
branch of the armed services or responsible organization shall have
first obtained a permit from the City Council to do so.
SECTION 5
This ordinance shall be cumulative of all provisions of
ordinances of the City of Southlake, Texas, except where the
provisions of this ordinance are in direct conflict with the
provisions of such ordinances, in which event the conflicting
provisions of such ordinances are hereby repealed.
SECTION 6
It is hereby declared to be the intention of the City Council
that the phrases, clauses, sentences, paragraphs and sections of
this ordinance are severable, and if any phrase, clause, sentence,
paragraph or section
unconstitutional by the
competent jurisdiction,
of this ordinance shall be declared
valid judgment or decree of any court of
such unconstitutionality shall not affect
any of the remaining phrases, clauses, sentences, paragraphs and
sections of this ordinance, since the same would have been enacted
s~ake\ord.3~ (1291) -2-
by the City Council without the incorporation in this ordinance of
any such unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION 7
Any person, firm or corporation who violates, disobeys, omits,
neglects or refuses to comply with or who resists the enforcement
of any of the provisions of this ordinance shall be fined not more
than Five Hundred Dollars ($500.00) for each offense. Each day
that a violation is permitted to exist shall constitute a separate
offense.
SECTION 8
Ail rights and remedies of the City of Southlake are expressly
saved as to any and all violations of the provisions of any
ordinances regulating the discharge of any gun, pistol, rifle,
firearm, crossbow, or any other weapons regulated hereunder which
have accrued 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 9
The City Secretary of the City of Southlake is hereby directed
to publish the proposed ordinance or its caption and penalty
together with a notice setting out the time and place for a public
hearing thereon at least ten (10) days before the second reading
of this ordinance, and if this ordinance provides for the
imposition of any penalty, fine or forfeiture for any violation of
any of its provisions, then the City Secretary shall additionally
slake\ord.3%(1291
publish this ordinance in the official City newspaper one time
within ten days after passage of this ordinance, as required by
Section 3 . 13 of the Charter of the City of Southlake.
SECTION 10
This ordinance shall be in full force and effect from and
after its passage and publication as required by law, and it is so
ordained.
PASSED AND APPROVED ON FIRST READING THIS c2, DAY OF
_/I..L • , 1n 41 11►INp.„►''
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MAYOR
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SECRETARY
PASSED AND APPROVED ON SECOND READING THIS 7d DAY OF
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,, ATTEST:
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CITY/SECRETARY
APPROVED AS TO ��LEGALITY:
City Attorney
Date:
ADOPTED:
EFFECTIVE:
slake\ord.31(1291) -4-
City of Southlake,Texas
MEMORANDUM
January 10 , 1991
TO: Curtis E. Hawk, City Manager
FROM: Billy Campbell, Public Safety Director
SUBJECT: Firearms Ordinance No. 527
fi
Attached is Ordinance No. 527 , which has been revised, by
the city attorney' s office, as instructed by the City
Council on 1st. reading at the January 2 , 1991 meeting.
The reference to archery equipment has been omitted as
discussed, and crossbow has been added as a prohibited use.
If you have any questions, please feel free to contact me.
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� � Euu �FIELDING, BARRETT & TAYLORCARVAxE.ADIONs ATTORNEYS .JHtV Q I99DANIE R.BARRETT* 300 WESTERN NATIONAL BUILDING
CARa ANN CARSON8851 HIGHWAY 80 WESTEuzABEIII ELAM FORT WORTH,TEXAS 76116-1969 MACNAGER1,N
��
DAVID FIELDING
JOSEPHINE GARRETT
E.GLENN GExi. TELEPHONE No.(817)560-0303
WM.CRAIG HARRIGER FAx(817)560-3953
DWAYNE D.HTTT
SUSAN E.HUTCIISON
SUSAN S.JONES I_' ' - ,
WAYNE K.OLSON t
TIM G.SRALLA** - _
E.ALLEN TAYLOR,JR.
*BOARD CERTIFIED PERSONAL EaURY TRIAL LAW L
TEXAS BOARD OF LEGAL SPECIALIZATION January 3, 1991
**BOARD CERTIFIED CIVIL APPELLATE LAW
TEXAS BOARD OF LEGAL SPECIALIZATION
OP COUNSEL.
JAMES P.WAGNER
Mr. Curtis Hawk
City Manager
City of Southlake
667 North Carroll Avenue
Southlake, Texas 76092
Re: Firearms Ordinance
Dear Curtis:
Enclosed please find the revised firearms ordinance which
incorporates the changes the City Council made at last night's
meeting. If you have any questions, please let me know.
Veryruly yours,
i(
(.1>' YYYk.._, ELLJI-A---
7
Kimberly K. Talbert
Legal Secretary to
Wayne K. Olson
/kt
Enclosure
Fort Worth Star-Telegram ***INVOICE***AFFIDAVIT***INVOICE***
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
E STATE OF TEXAS
unty of Tarrant
Before me , a Notary Public in and for said County and State , this day
personally appeared Kelley Allard Billing Specialist for the Fort Worth
Star-Telegram , published by the Star-Telegram Inc . at Fort Worth , in Tarrant
County , Texas ; and who , after being duly sworn , did depose and say that the
following clipping of an advertisement was published in the above named
paper on the following dates :
Jan 18 1991
101-AL
DATE DESCRIPTION I AD SIZ n . ,,,_ „ n,.„,«xos.a...c li RATE .,,. AMOUNT
JAN 18 6645501 CL . 358 ORDINANCE NO.527 1X72 L 72 . 38 27 . 36
•
s�..anuary 18 AN ORDINANCE
PRHOBITING THE
DISCHARGE OF ANY
GUN,PISTOL OR ANY
OTHER WEAPONS ..
DESIGNED AS AIR
PROJECTILES• PRO-
VIDING THAT THIS
BEB CUMULATIVEAOF
ALL ORDINANCES;
PROVIDING A SEV-
ERABILITY CLAUSE;
PENALTINFOROVIO-
LATIONS HEREOF;
PROVIDING A SAV-
INGS CLAUSE PRO-
__ CATIIJ NFOINP THE
PER; AND PROVID-
ING tJ-/L4
EF7
UBSCRIBED AND SWORN TO BI SECTION? -S THE 18thD Y OF^Jams ry 991
Any per son,f l rm or corPo-
r who violates, dire--NOTARY T A R Y PUBLIC
B L I C
- bays,eys,omits,neglects or re-
fuses to comply with or who ;
'4'� , di snotasnthceth e pshreoanvfosberiomnede
- TARF NT_C O a TY, TEXAS., h rasyi fntt nhoois
more thaan__ Five Hundred
. DAWN K. McDONOUGH Dollars(S.Sw.001 for eachof-
���,� _•„ COMMISSION EXPIRES fence.Eaermayedato exist
:. tlon Is permitted to exist
AUGU$i 11. 9g1 shall constitute a separate ❑]� A F F J D A V T T S
-- i�6., .�+ offense.
',y��o�,•�- SECTION 8
..-. .__ All rights and remedies of
the City of Southiake are ex- - -' --
pressly saved as to any and
all violations of the provi-
slons of any ordinances re-
gulatingthedischargeof any
gun, pistol, rifle, firearm,
i" TEAR ALONG THIS PER WeaponsWegulated any other
THE LOWER PORTION WITH YOUR PAYMENT *
✓ der which have accrued at
the time of the effective date
of this ordinance•and,as to
such accrued viofatlons and
all oth
lvil and criminal,whether pending litigation, hen?EMIT TO : 400 W . SEVENTH , FW, TX 76102
pending In court or not,un-
Fbrt der such ordinances same
I'yrMT Tr3
6645501
Jan 18 1991 PASSED ANDAPPROVED
IN SECOND READING ACCOUNT AMOUNT
THIS THE 11h DAY OF NUMBER CIT57 DUE 27 . 36
JANUARY,1991
Mayor Gary Flckes
IPA( ATTEST:
Sandra L.LeGrand
Wayner K.so to
City Attorney
CITY OF SOUTHLAKE COPY
667 N CARROLL PLEASE PAY h, 27 . 36
SOUTHLAKE TX 76092 0 THIS AMOUNT
ATTN : SANDRA LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED
Fort Worth Star-Telegram ***INVOICE/AFFIDAVIT***INVOICE/AFFIDAVIT***
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
STATE OF TEXAS
__ _nty of Tarrant
Before me , a Notary Public in and for said County and State , this day
personally appeared KEL.r.EY ALLARD Billing Specialist for the Fort Worth
Star-Telegram , published by the Star-Telegram Inc . at Fort Worth , in Tarrant
County , Texas ; and who , after being duly sworn, did depose and say that the
following clipping of an advertisement was published in the above named
paper on the following dates :
DATE .. naunc, rtnr� �, 701AL RATE AMOUNT
JAN 04 m639961 CL . 358 1X45 L 45 • 38 17 . 1,0
NOTICE OF j a nwary—A
PUBLIC HEARING
NOTICE 15 hereby given to
all Interested persons that the .. ......
City Council of the City of South-
lake,Texas,will be holding a
public hearing during the City
Council meeting to be held on
January 15,1991,at 7:30 p.m.In
the City Council chambers of
City Hall 667 North Carroll
Avenue,Southlake,Texas.
Purpose of the hearing Istocon-
sider the second reading of the
following ordinance:
ORDINANCE NO.527
ANORDINANCE PROHI-
BITING DIS-
CHARGE OF ANY GUN, S I G N E D
`n PO ANY OTHER
DESIGNED VD SWORN TO BEFORE ME , THIS THE 8th DAY OF JANU •+ 1991
AIR OV D NG THATILES THI� j ,
ORDINANCE SHALL BE ---- NOTARY T A R Y PUBLIC BL I C. q{ .....�_. ,.�j / // ...�I i_J
CUMULATIVE OF ALL CiL✓ +"� (Il/[iCL 7
ORDINANCES;PROVID-
ING A S; PROVIDINGILITY
CLAUSE; ---- � t� --- -- - -- - TARRANT COUNTY, TEXA.S. ..._-._.-
FOR A PENALTY FOR '� „1Pw�V41,l
VIOLATIONS HEREOF; C. .Al DAWrN,AK.MncDO!N�OyUGH
PROVIDING A SAVINGS _.__. rir -_COMMIS toN EXPIRES 01 AFFIDAVITS
CLAUSE• PROVIDING a
FOR PUBLICATION IN �hj7, f � }r AUaUS'f 17, �9>91
THE OFFICIAL NEWS qjp
PAPER; AND PROVID- ' _
ING AN EFFECTIVE
DATE.
City of Southlake
Sandra L.LeGrand
City Secretary
AtiA,
le" TEAR ALON THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT �1
REMIT TO : 400 W . SEVENTH, FW, TX 76102
Port Worth .Star-Telegram , 9<�,IT Tr).. t' � �
. X�� X�� X x k'RI5RIXXX*76197
ACCOUN
6639961 NUMBERT CIT57 ADUENT 17 . 10
PAGE 1 OF I
CITY OF SOUTHLAKE ORIGINAL
667 N CARROLL PLEASE PAY , 17 . 10
SOUTHLAKE TX 76092 0 THIS AMOUNT
ATTN : SANDRA LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED