ORD 995 09/27/2011 A4 of C16
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"City of Choice"
ORDINANCE NO. 9 9 5
PROVIDING FOR AN AMENDMENT TO CHAPER 50, ARTICLE III, SECTION 50-
22 OF THE CODE OF ORDINANCES OF THE CITY OF CIBOLO, TEXAS
CONCERNING THE USE AND DISCHARGE OF FIREARMS ON CERTAIN
PROPERTIES WITHIN THE CITY OF CIBOLO IN ACCORDANCE WITH THE
REQUIREMENTS OF CHAPTER 229 OF THE TEXAS LOCAL GOVERNMENT
CODE. -
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, and;
WHEREAS, the City Council of the City of Cibolo adopted Ordinance Number 610 on July
8, 2003, in accordance with all applicable requirements of Chapter 229 of the Texas Local
Government Code; as it existed at that time, with an exception that permitted the discharge of
shotguns within the City Limits of a municipality on properties that had a minimum area of 25
(twenty-five) acres for hunting purposes during a legal hunting season; and
WHEREAS, the State of Texas amended Chapter 229 by acts adopted May 3, 2005
restricting the authority of municipalities to regulate the discharge of firearms; and
WHEREAS,the City Council of the City of Cibolo desires to align its Code of Ordinances to
be consistent with all requirement of the Texas Local Government Code.
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NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS:
SECTION 1.
Chapter 50, Article III, Section 50-22 of the Code of Ordinances of the City of Cibolo, Texas
is hereby amended to read as follows:
(a) Definition. "Firearms" means gun, pistol, revolver, pellet gun, bb gun, air gun,
shotgun, rifle,bow and arrow, cross bow or any other weapon.
(b) It shall be unlawful for any person to discharge any firearm, with the exception of a
bow_and arrow, within an area of the city limits annexed prior to September 1, 1981;
provided, that this section shall not be so construed as to prohibit the discharge of
firearms:
(1) In any activity or by any person considered within the class of exemptions
applicable under state statutes;
(2) 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;
(3) By duly qualified and commissioned peace officers in the performance of the
official duties of their office;
(4) For the protection of a person or property in or about his home in accordance with
the laws of the state; or
(5) For hunting provided the discharge of the firearm complies with all of the
following conditions:
a. Shotguns only;
b. Must be fired during legal hunting season by one properly licensed for hunting
in the state;
c. Must be fired by an adult or a minor under the direct visual supervision of an
adult;
d. Must be fired from private property owned or legally occupied by the adult
hunter or a supervisor of the hunting minor;
e. The property on which the discharge occurs must be no less than 25 acres in
size;
f. The discharge shall not be closer than 300 feet from a public road,public right-
of-way, or property line of another or any dwelling; and
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g. The bullet or projectile shall not exit the boundaries of the private property
described in subsection(c)(4)e of this section.
(c) It shall be unlawful for any person to discharge a firearm within the extraterritorial
jurisdiction or in an area annexed after September 1, 1981; provided, that this section
shall not be so construed as to prohibit the discharge of firearms as follows:
(1) The firearm is a shotgun, air rifle or pistol, BB gun, or bow and arrow; and
a. Discharged on a tract of land of ten acres or more;
b. Discharged more than 150 feet from a residence or occupied building located
on another property; and
c. In a manner not reasonably expected to cause a projectile to cross the
boundary of the tract; or
_ (2) The firearm is a center fire or rim fire rifle or pistol of any caliber:
a. Discharged on a tract of land of 50 acres or more;
b. More than 300 feet from a residence or occupied building located on another
property; and
c. In a manner not reasonably expected to cause a projectile to cross the
boundary of the tract.
(3) In any activity or by any person considered within the class of exemptions
applicable under state statutes;
(4) 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; --
(5) By duly qualified and commissioned peace officers in the performance of the
official duties of their office; or
(6) For the protection of a person or property in or about his home in accordance with
the laws of the state.
(d) Any person who violates the provisions of this section shall be deemed guilty of a
class C misdemeanor, and upon conviction thereof, shall be fined in any sum not to exceed
$500.00
SECTION 2
CUMULATIVE CLAUSE
That this ordinance shall be cumulative of all provisions of the City of Cibolo, Texas, except
where the provisions of this Ordinance are in direct conflict with the provisions of such
Ordinance, in which event the conflicting provisions of such Ordinance are hereby repealed.
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SECTION 3
SEVERABILITY
That it is hereby declared to be the intention of the City Council of the City of Cibolo that the
phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if
any phrase, clause, sentence, paragraph or section of this Ordinance should be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs or sections of the Ordinances, since the same would have been enacted by the City
Council without incorporation in this ordinance of any such unconstitutional phrases, clause,
sentence,paragraph or section.
SECTION 4
SAVINGS
That all rights and privileges of the City of Cibolo are expressly saved as to any and all
violations of the provision of any Ordinances affecting the water rates, which have accrued at
the time of the effective date of this Ordinances; and, as to such accrued at the time of the
effective date of this Ordinance; and, as to such accrued violation 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 5
EFFECTIVE DATE
This ordinance shall be effective upon passage and publication as required by the City Charter
and State law.
PASSED AND APPROVED this, the 27th day of September 27, 2011.
APPROVED:
Jynnifer an, Mayor
ATTEST:
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Peggy Cimics, City Secretary
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