ORD 523 3/27/2001F.
ORDINANCE # 5,9 3
AN ORDINANCE REPEALING CITY OF CIBOLO, TEXAS, ORDINANCE
NUMBER 303 REGULATING THE DISCHARGE OF A GUN; AND REGULATING
THE DISCHARGE OF FIREARMS, AND GUN FIRING A PROJECTILEBY
COMPRESSED AIR, COMPRESSED GAS OR SPRING POWER WITHIN THE CITY
LIMITS OF CIBOLO, TEXAS, AND PROVIDING FOR PENALTIES
WHEREAS, the City Council of the City of Cibolo desires to protect the safety and
security of the citizens of Cibolo without undue infringement on their liberty, and;
WHEREAS, it is deemed by the City Council of the City of Cibolo, Texas that it is
dangerous to discharge firearms within the City Limits, and;
WHEREAS, it is recognized that although dangerous, certain circumstances may justify
the discharge of a firearm, and;
WHEREAS, the City Council of the City of Cibolo desires to reduce the danger to
residents posed by the discharge of firearms within the city limits.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CIBOLO, TEXAS:
SECTION 1. USE AND DISCHARGE OF FIREARMS:
Subject to the exceptions set forth in section 3 of this ordinance, it shall be unlawful for
any person, firm, corporation or association to discharge, or cause to be discharged, any
firearm at any place within the Cibolo City Limits.
"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".
SECTION 2. USE AND DISCHARGE OF COMPRESSED AIR, COMPRESSED GAS
OR SPRING POWERED GUNS:
Subject to the exception set forth in subsection a of this section, it shall be unlawful for
any person, firm, corporation or association to discharge or cause to be discharged, any
BB gun, Pellet gun, or Paint Ball gun operated by compressed air, compressed gas or
spring power firearm at any place within the Cibolo City Limits.
a. "This section shall not prohibit the firing of BB gun, Pellet gun, or Paint Ball gun by an
adult or by a minor under the direct visual supervision of an adult so long as such
discharge occurs on private property owned or lawfully occupied by the supervising
adult and as long as the discharge projectile does not exit the boundaries of such
private property."
SECTION 3. EXCEPTIONS:
Nothing herein shall be construed to apply to the use of firearms:
a. In exhibitions of charitable contests conducted under conditions and supervision
approved by the City Council after application has been made to the City and permit
has been issued;
b. By duly qualified and commissioned Peace Officers in the performance of the official
duties of their office;
c. For the protection of a person or property in or about his home in accordance with the
laws of the State of Texas; or
d. For hunting provided the discharge of the firearm complies with all of the following
conditions:
(1) Shotguns only
(2) Must be fired during legal hunting season by one properly licensed for hunting
in the State of Texas.
(3) Must be fired by an adult or a minor under the direct visual supervision of an
adult.
(4) Must be fired from private property owned or legally occupied by the adult
hunter or a supervisor of the hunting minor.
(5) The property on which the discharge occurs must be no less than ten (10) acres in
size.
(6) The discharge shall not be closer than 150 feet from a public road, public right -of
-way, or dwelling, and
(7) The bullet or projectile shall not exit the boundaries of the private property
described in paragraph (5) above.
SECTION 4. SEVERABILITY:
If any section, sentence, clause or phrase of this Ordinance is for any reason held to be
unconstitutional or illegal, such decision shall not affect the validity of the remaining
portion of the Ordinance.
SECTION 5. PENALTIES:
Any person or corporation or associating violating any of the provisions of this ordinance
or failing to observe of the provisions hereof, shall be deemed guilty of a misdemeanor
and upon conviction shall be fined an any sum not more then five hundred ($500.00)
dollars, and each violations shall be a separate offense.
SECTION 6. SUPERSESSION:
This Ordinance supercedes Ordinance number 303 dated January 6, 1983.
14
PASSED AND APPROVED, THIS DAY OF MARCH, 2001.
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CIBOLO POLICE DEPARTMENT
P.O. BOX 826
CIBOLO, TEXAS 78108
(210) 659-1999
Fax (210) 659-1080
March 21, 2001
Mayor and City Council
City Of Cibolo
Subject: City Ordinance
Attached is an ordinance written to replace current ordinance number 303. This new
proposed ordinance covers both discharging firearms and BB/pellet guns while in the city
limits. This proposed ordinance has been reviewed and approved by our City Attorney.
Should you have any questions concerning this letter or attached ordinance, please
contact me as soon as possible.
Thank you for your time and attention to this matter
k 'e
Director of Public Safety