HomeMy WebLinkAboutOrdinance 13594ORDINANCE NO I~SQ
AN ORDINANCE AMENDING SECTIONS 23-4 AND 23-5 OF THE
CODE OF THE CITY OF FORT WORTH TO PROVIDE THAT
DISCHARGE OF AIR GUNS USED IN AMUSEMENT ARCADES OR
PAINTBALL AMUSEMENT FACILITIES IS NOT PROHIBITED;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Sections 23-4 and 23-5 of the Code of the City of Fort Worth
prohibit discharging air guns or air pistols within the city;
WHEREAS, it is not the intention of the City of Fort Worth to prohibit the
discharge of air guns that are designed. for and used in amusement arcades and
paintball amusement facilities,
WHEREAS, it is advisable to amend Sections 23-4 and 23-5 of the City Code to
exempt the discharge of air guns designed for and used in amusement arcades and
paintball amusement facilities,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS, AS FOLLOWS:
SECTION 1.
Section 23-4 of the Code of the City of Fort Worth is hereby amended to read as
follows
IVo person shall discharge any kind or species of air gun., air pistol or BB gun
within the city; provided, however, "air gun" and "air pistol" shall not include a gun
or pistol utilizing a compressed gas or air propellant and operated as part of an
amusement arcade or a paintball amusement facility or event.
SECTION 2.
Section 23-5(a) of the Code of the City~of Fort Worth is hereby amended to read
as follows
No parent or any other person having. legal control or custody of any boy or any
girl under the age of seventeen (17) years shall permit such boy or girl to
discharge any kind or species of air gun, air pistol or BB gun within the city;
provided, however, "air gun" and "air pistol" shall not include a gun or pistol
utilizing a compressed gas or air propellant and operated as part of an
amusement arcade or a paintball amusement facility or event.
Section 23-5(b) shall remain in full force and effect without change.
~:
SECTION 3.
This ordinance shall be cumulative of all provisions of ordinances and of the
Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions
of this ordinance are in direct conflict with the ,provisions of such ordinances and such
t
Code, in which event conflicting provisions of such ordinances and such Code are
hereby repealed
SECTION 4.
It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if
any phrase, clause, sentence, paragraph or section of this ordinance shall 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 and sections of this ordinance, since the same would have been
enacted by the City Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section
2
SECT..ION 5.
Any person, firm or corporation who violates, disobeys, omits, neglects or
refuses to comply with or who resists the enforcement of any of the provisions of this
ordinance shall be fined not more than ~ 'Five Hundred Dollars ($500 00) for each
offense. Each day that a violation is permitted. to exist shall constitute a separate
offense.
ti
SECTION 6.
The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish
the caption, penalty clause and effective date of this ordinance for two (2) days in the
official newspaper of the City of Fort Worth, Texas, as authorized by Section 52 013,
~:; ~:.
Texas Local Government Code
SECTION 7'.
a 4.i
This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained
APPROVED AS TO FORM AND LEGALITY
Assistant City Attorney M~~--
Date ~ `~ . I g ~
Adopted a-~ < < ~ g
Effective
.;.
3.
City of Fort Worth, Texas
M'Ayar And Caunc~l C,ammunicAtion
DATE REFERENCE NUMBER LOG NAME PAGE
9/29/98 **G-12338 12CODE 1 of 1
SUBJECT AMENDMENT OF SECTIONS 23-4 AND 23-5 OF CITY CODE TO PROVIDE THAT
DISCHARGE OF AIR GUNS USED IN AMUSEMENT ARCADES OR PAINTBALL
AMUSEMENT FACILITIES IS NOT PROHIBITED
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance which would amend
Sections 23-4 and 23-5 of the City Code to clarify that the discharge of air guns in connection with
amusement arcades or paintball amusement facilities is not prohibited
DISCUSSION
Sections 23-4 and 23-5 of the Code of the City of Fort Worth prohibit discharging air guns or air pistols
within the City The attached ordinance would exempt air guns or air pistols used in amusement
arcades or paintball amusement facilities from the prohibition
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this recommendation will have no material effect on City funds.
CB k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
APPROVE
D
Charles Boswell 8511 A
'
~TY COUl~CtL
Originating Department Head:
~
P 29 '~
Wade Adkins 7623 (from) /
/~,,%,~,~~~ Y q~~~~ ~
L ~~w~/
Additional Information Contact: ity Secr~tarp of the
~.t of Fart Wortk~, 97axas
Wade Adkins 7623
Adopted ®rdinanc~ No,