Ordinance No. 3,094Pral-31islaecl 1' -Lx esclay , ASarch 1 7 1981 10322 -1
T h u r s Cl a y, NI r c h 1 9, 3 9 5 3
ORDINANCE NO _ 3094
AN ORDINANCE PRO13 1 B i T 1 NG THE D i S CHARGE OF F i FZ]F -,N ME3 AND
THE OPERAT I ON OF TARGL�T RAN��E S �Y i TH I N THE C i TY OF
BAYTOYN OR WiTHIN SO00 FEET OF THE CITY i,1MiTS PROViD-
I NG FQR THE CE RT i F I CAT i ON OF TARGET RANGES ; REPEALING
ORDSNANCES INCONSISTENT HER.EWiTH CONTAiNiNG A SAVi�3GS
CLAi7SE ; PROVIDING FOR A PENALTY OF TWO HUNDRED Sz NO/ 100
< X200 _ 00 AND FROVSDiNG FOR THE PUBLTCATSON AiVD EFEC-
TIVE DATE HEREOF` _
WHEREAS , ti-zo City Couricil of the City of Baytown hereby
finds that the clischa -r- of firearms within the corporate
13_mz_ts of the City of Baytown or within SO00 feet thereof
constitutes a nuisance ; and
WHEREAS , the City Council of the City of Baytown finds
that the operat ion of a target range for f firearms within -the
corporate lamits of the City of Baytown or within 5000 feet
thereof constitutes a nuisance ; IOW THEREFORE ,
BE i T OR.DA I NED BY THE C i TY COUNCIL OF THE CITY OF'
BAYTOWN =
Sect ion 1 That Sect ion 17 _ 2 of the Code of Ordinances ,
City of Baytown -P el- is hereby amended to read as follows
17 _ 2 Firearms and Targe -t Ranges
< a J Definitions
The following words and YD. Yar el- ses when used in this
section sl-aa11 have the following meanings
1 > _ Bullet Trap means any device , structure , or
c::> -Up j ect cleszgned to coraf fine and stop proj ect Iles clis-
cYaargecl from a firearm_
2 _ Firearm means any device clesigraecl made or
adapted to expel a projectile through a barrel by using
tYie eri ME! rgy generated by an explosion or burning substance
or arty device readily convert ible to that use _
3 _ T.icensecl Gun Dealer means a persorn 1 icerasecl by the
Bureau of Alcohol Tobacco and F firearms as a gura
d a a Z a r_
4 _ Target Range means any indoor or outdoor premise
where firearms are disc:lrargec3. for the purpose of =
a _ determining the accuracy of the shooter or
t h e f i r e a rm o r
b _ racrea.t ion ,
whether or not a fee is charged for tYze use of sucYi
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(b) Discharging Firearms Prohibited
1). A person commits an offense if he intentionally,
knowingly, or recklessly discharges a firearm within
the City of Baytown or 5000 feet thereof.
2). It is an exception to the application of Subsection
(1) if such discharge was on or across a public road or
in a public place other than a public road.
3). It is a defense to prosecution if such discharge
was justified by Chapter 9 of the Texas Penal Code.
4). It is an affirmative defense to prosecution if
such discharge was confined to a target range which
holds a certificate of approval issued by the Chief of
Police and the discharge was under the actual direction
of a Texas Commission on Law Enforcement Officer Standards
and Education Certified Firearms Instructor or a Natio-
nal Rifle Association of America Certified Firearms
Instructor or such projectile was discharged within and
confined by a bullet trap which holds a certificate of
approval issued by the Chief of Police and was fired
directly in such trap by a licensed gun dealer.
(c) Operating Unapproved Target Range or Bullet Trap
Prohibited
1). A person commits an offense if he intentionally or
knowingly operates a target range or bullet trap within
the City of Baytown or 5000 feet thereof.
2). It is an exception to the application of Subsection
(1) if such target range or bullet trap holds a certifi-
cate of approval issued by the Chief of Police.
(d) Certificate of Approval of Target Range or Bullet Trap
1). Every target range or bullet trap within the City
of Baytown or 5000 feet thereof shall, prior to and
during operation, hold a certificate of approval issued
by the Chief of Police.
2) Upon application, the Chief of Police shall appoint
a certified firearms instructor and the owner of such
range or trap shall appoint a certified firearms instructor.
Together the two instructors shall select a third
certified firearms instructor. The three instructors
shall inspect the target range to determine whether
such target range is equipped with a bullet trap, and
shall determine it a bullet trap, whether used at a
target range or not, is designed for and of sufficient
strength or density to confine discharged firearm
Projectiles. Based upon the report of the three instructors,
the Chief of Police shall issue a certificate of approval
if all three instructors approve; the Chief of Police
may issue such certificate if two approve, and he
shall not issue such certificate if only one approves.
The range or trap owner may appeal the disapproval of
one instructor to the City Manager.
Section 2: All ordinances or parts of ordinances
inconsistent with the terms of this ordinance are hereby
repealed; provided, however, that such repeal shall be only
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to the extent of such inconsistency and in all other respects
this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this
ordinance.
Section 3: If any provision, section, exception, sub-
section, paragraph, sentence, clause or phrase of this
ordinance or the application of same to any person or set of
circumstances, shall for any reason be held unconstitutional,
void or invalid, such invalidity shall not affect the valid-
ity of the remaining provisions of this ordinance or their
application to other persons or sets of circumstances and to
this end all provisions of this ordinance are declared to be
severable.
Section 4: Any person violating the provisions of this
ordinance shall be punished by a fine of not more than Two
Hundred ($200.00) Dollars, and each violation shall consti-
tute a separate offense.
Section 5: This ordinance shall take effect from and
after ten (10) days from its passage by the City Council.
The City Clerk is hereby directed to give notice hereof by
causing the caption of this ordinance to be published in the
official newspaper of the City of Baytown at least twice
within ten (10) days after passage of this ordinance.
INTRODUCED, READ, and PASSED by the affirmative vote of
the City Council on this 12th day of March , 1981.
0. HUTTO, Mayor
ATTEST:
q
� l
ILEEN P. HALL, City Clerk
APPROVED:
ANDALL B. 9TRONG, City At ney
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