§ 74-2. Discharge of certain weapons.

(a)

Firearms.

(1)

It shall be unlawful for any person to discharge a firearm in the city or upon any property owned by the city.

(2)

Firearm means 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.

(3)

It is a defense to prosecution under this section that the person discharging the firearm was engaged in conduct outlined in the Texas Penal Code, chapter 9, which is a justification excluding criminal responsibility.

(b)

Air rifles, etc. It shall be unlawful for any person to fire, shoot, discharge or cause to be fired, shot or discharged any air rifle, air pistol or pellet gun of any description, by whatever name known, that is capable of discharging a pellet or any solid object by means of compressed air, gas, springs or other means within the corporate limits of the city.

(c)

Exceptions. This section shall not apply to police officers while in the performance of their official duties or while participating in firearm qualification.

(d)

Penalty. This section is hereby declared to be a health and safety ordinance for the safety of the inhabitants of the city and any person who shall violate a provision of this section shall be deemed guilty of a misdemeanor that upon conviction shall be punishable by a fine not to exceed $2,000.00 as is provided in section 1-13 of this Code.

(Code 1968, § 19-3.1; Ord. No. O-18-94, §§ I, IV, 7-25-94)