HomeMy WebLinkAbout83-2518 ord
ORDINANCE NO. 83-2518
AN ORDINANCE OF THE CITY OF PLAINVIEW, TE~:AS, PROHIBITING THE
DISCHARGE OF FIREARMS WITHIN THE CORPORATE LIMITS OF SAID CITY:
PROVIDING FOR EXEMPTION THEREFROM:- PROVIDING A PENALTY: AND
DECLARING AN EMERGENCY.
TraHEREA5, The City Council of the City of Plainview, Texas
has determined that the discharge of firearms within the corporate
limits of the~City of Plainview, Texas,. constitutes a public
nuisance', and hazard to the safety and welfare of the citizens of
said City;
WHEREAS, The City Council has determined that the prohibiting
of the discharge of firearms within the corporate limits of said
city ~,rould Serve the public interest and would preserve and protect
the health, safety, and :welfare of the citizens of Plainview, Texas,
$E IT ORDAINED BY THE CITY COUNCIL OF' THE CITY OF PLAINVIEW,
TEXAS, THAT:
Section 1: It shall be unlawful for any person to fire.
or discharge, within the ordinary ..definition
of such terms, any gun, pistol, firearm of
any discrption, bow, crossbow, compound bow,
.crossbow pistol, or any other device capable
of firing an arrow or bolt, provided.. however,
this prohibition shall not apply to persons
operating a public or private shooting gallery
under an unrevaked permit issued by the Chief
of Police. Any person wishing to ',discharge
any of the weapons enumerated herein shall
first obtain from the Chief of Police a permit
as delineated herein.
Section 2: A person wishing- to obtain a permit required
by this ordinance must file with the Chief
of Police an application containing the following
information:
1. The name, date of birth, and address of
the applicant;
2. .The location and description of the
prop erty where the weapon or weapons
will be discharged;
3. The name and address of the owner of
the property;
4. If t he applicant is riot the owner of
the property, a document evidencing
that the applicant has the per-
mission of the owner to use the
property for the said purpose;
5. A description of the weapon or
weapons to be used, including, but
not limited to:
(a) The type of weapon to be
use d;.
(b) The make and .model of weapon;
(c) Its serial number, if any;
(d) If a firearm, its caliber
and barrel length; and
(e) If a bow or simila r device,
its pound pull.
6. A statement as to whether or not the
applicant. has been convicted of any felony,
misdemeanor involving .moral.: turpitude, or
of any municipal ordinance other than a
traffic related offense, .the. nature of the
offense, and the punishment or penalty
assessed therefor; and
7. The purpose of discharging the weapon or
weapons.
Section 3: Upon receiving the application, the: Chief of Police,
in the exercise of his discretion, may act upon the
.application. by either. issuing or not issuing the
permit. If issued, the Chief of Police may prescribe
such terms and conditions as he may deem appropriate
to protect the health, safety, and welfare of the
citizens of this community. Any applicant aggrieved
by the ruling of the Chief of Police may appeal such
decision to the City Council by delivering written
notice of such to the Mayor within ten (10) days of
such ruling.
Section 4: All pemits are valid for a designated period not to
exceed one (1) year from. the date of issuance.
Section 5: Any person who shall violate this ordinance shall be
deemed guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine of not less than
One Dollar ($1.00) and not more than Two Hundred Dollars
($200.00), and any person who shall aid, abet, or
assist in the violation of this ordinance shall be
deemed guilty of a misderneanor and upon con-
viction thereof .shall be punished by a fine of
not less than One Dollar ($1.00) and not more
more than Two Hundred Do:Llars ($200.00).
Section 6: Thia ordinance shall not apply to peace officers who
shall discharge guns, pistols, or other firearms with-
in the .corporate limits of the City of Plainview in
the performance of the duties. of their office.
Section ~: All ordinances or parts of ordinances in conflict
herewith are herby repea:Led.
Section 8: The fact that the discharge of firearms within the
incorporated .limits of tl'ze City of Plainview endangers
the health, safety, and welfare of the citizens of said
city creates an emergency and imperative-public neces-
sity requiring that any -rule necessitating more than
one reading. hereof be and the same hereby are suspended
and this ordinance shall be passed and take effect as
an emergency measure and shall be'in full force and
effect from and after its passage'as provided b~ law,
and it is so ordained. '
PASSED AND APPl~OVED THIS ~~ DAY OF ]KAY, 1983.
CITY OF PLAINVIEW, TEXAS
By r , r
E.'V. Ridlehuber, Mayor
ATTEST:
3
Walter S. Dodson, .City Clerk