Ord. 0033-1 2010-09-27ORDINANCE NO. 33-1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING CHAPTER 20, OFFENSES
AND MISCELLANEOUS PROVISIONS, OF THE
CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY
HAVE BEEN, FROM TIME TO TIME, AMENDED, TO AMEND
SECTION 20-4, ENTITLED DISCHARGE OF WEAPONS;
PROVIDING A PENALTY; HAVING A SAVINGS CLAUSE,
A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; AND
PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
Section 1. That Chapter 20, Offenses and Miscellaneous Provisions, of
the City of Pearland Code of Ordinances, is hereby amended to AMEND Section
20-4, entitled Discharge of Weapons, to read as follows:
"20-4. Discharge of weapons.
(a) No person shall fire or discharge any gun, revolver, pistol or other
dangerous weapon of any kind in the city, except at a completely enclosed indoor
rifle, pistol, or archery range operated in compliance with all applicable state and
local law and constructed to prevent: (1) bullets, arrows, or other projectiles from
carrying beyond the interior of the structure housing said range; and (2) any
noise from the discharge of any such weapon from being audible beyond the
property lines of the range.
(b) This section shall not apply to the discharge of a weapon or firearm to which
Section 229.002 of the Texas Local Government Code applies.
(c) It shall be a defense to prosecution under this section if the person
discharged the dangerous weapon in a situation where the person is entitled to
use deadly force under the laws of this state."
Section 2. Penalty. Any person violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof
shall be fined in any sum not more than Five Hundred Dollars ($500).
ORDINANCE NO. 33-1
Section 3. Savings. All rights and remedies which have accrued in
favor of the City under this Ordinance and amendments thereto shall be and are
preserved for the benefit of the City.
Section 4. Severability. If any section, subsection, sentence, clause,
phrase or portion of this Ordinance is for any reason held invalid, unconstitutional
or otherwise unenforceable by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct, and independent provision and such
holding shall not affect the validity of the remaining portions thereof.
Section 5. Repealer. All ordinances and parts of ordinances in conflict
herewith are hereby repealed but only to the extent of such conflict.
Section 6. Codification. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this Ordinance shall be codified in the
City's official Code of Ordinances as provided hereinabove.
Section 7. Effective Date. The City Secretary shall cause this
Ordinance, or its caption and penalty, to be published in the official newspaper of
the City of Pearland, upon passage of such Ordinance. The Ordinance shall
then become effective on September 1, 2010.
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ORDINANCE NO. 33-1
PASSED and APPROVED on FIRST READING this the 13th day of
September, A.D., 2010.
).,
TOM REID
MAYOR
ATTEST:
PASSED and APPROVED on SECOND and FINAL READING this the
27th day of September, A.D., 2010.
ATTEST:
GL
SEC ETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
VOTING RECORD SECOND AND FINAL READING
September27 2010
Voting "Aye"- Councilmembers Owens, Saboe, Sherman
Kyle, and Thompson.
Voting "No"— None.
Motion passed 5 to 0.
PUBLICATION DATE: October 6, 2010
EFFECTIVE DATE: October 15, 2010
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
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