HomeMy WebLinkAboutOrdinance 16641-10-2005ORDINANCE NO. / ~O~ ~ I -1~ ~?~L`~
AN ORDINANCE AMENDING SECTION 23-6 OF THE CODE OF THE
CITY OF FORT WORTH (1986), AS AMENDED, PROHIBITING
DISCHARGE OF FIREARMS WITHIN THE CITY LIMITS, AND
PROVIDING AN EXCEPTION FOR PERSONS DISCHARGING
FIREARMS UNDER CERTAIN CIRCUMSTANCES AS PROVIDED BY
THE ORDINANCE AND STATE LAW PROVIDING FOR A FINE NOT
TO EXCEED $2,000 FOR VIOLATION OF THE ORDINANCE,
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, Section 23-6 of the City Code prohibits discharging firearms in the city
except for certain shooting ranges operated by permit issued by the City Council,
WHEREAS, Senate Bill 734 signed by the Governor and effective on May 3 2005
prohibits a city from regulating the discharge of firearms or other weapons in the extraterritonal
~unsdiction or on tracts of land ten acres or greater that were annexed after September 1 1981
WHEREAS, rt is advisable to amend Section 23-6 to provide an exception if the person
discharged a firearm at a shooting gallery or range for which a permit has been issued, the person
was lawfully defending person or property the person was a certified peace officer or secunty
guard in the perfonniance of his or her duties, the person was using blank cartridges for a
theatncal production, bird disbursement or for signal or ceremonial purposes at an athletic event
or event sponsored by a mihtary organization, or the discharge of a shotgun, au nfle or pistol, BB
gun, bow and arrow on more than ten acres of land or a center fire or rain fire nfle or pistol on
more than fifty acres of land in accordance wrath state law and the standards set out in Section 23-
6,
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS, AS FOLLOWS
SECTION 1.
Section 23-6 of the Code of the City of Fort Worth, `Discharging of firearms" is hereby
amended to read as follows.
Sec. 23-6.
For purposes of this section, `firearm" means a gun, pistol, rifle or other device designed, made or
adapted to expel a projectile through a barrel or cylinder by using the energy generated by an
explosion or burning substance or any device readily convertible to that use.
It shall be unlawful for any person to discharge a firearm within the city' provided, that this
section shall not be so construed as to prohibit the discharge of a firearm if
1 The person was on premises owned or operated by any branch of the armed services of
the United States government, Texas National Guard, Texas State Guard or any
responsible organization existing for the purpose of operating and maintaining a rifle or
pistol firing range, provided such discharge is in the course of the regular functions and
course of training of such branch of the armed services or such other organization and
provided, further that such branch of the armed services or other organization has
secured and holds a permit from the Crty Council,
2. The person was lawfully defending person or property
3 The person was a certified peace oi~cer or certified security guard in the performance of
his or her duties;
4 The person was using blank cartridges for a show or theatrical production, for an event
sponsored by a military organization, or for signal or ceremonial purposes for athletic
events;
5 The person was using blank cartiridges for bard disbursement, had a valid current permit to
participate in the city's bird relocation program and is operating in accordance wrath the
city's adopted bird disbursement policies and program;
b The person was discharging a shotgun, air rifle or pistol, BB gun, or bow and arrow on a
tract of land that is ten acres or more that was annexed by the City after September 1
1981 and the discharge was more than 150 feet from a residence or occupied building
located on another property and was in a manner not reasonably expected to cause the
projectile to cross the boundary of the tract;
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7 The person was discharging a center fire or run fire nfle or pistol of any cailber on a tract
of land of fifty acres or more that was annexed by the City after September 1 1981 and
the discharge was more than 300 feet from a residence or occupied building located on
another property and was in a manner not reasonably expected to cause a projectile to
cross the boundary of the tract; or
8 The person was discharging a firearm in the extraterrrtonal jurisdiction of the Crty
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the
Crty 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 Code, in which event conflicting
provisions of such ordinances and such Code are hereby repealed.
SECTION 3.
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 ~unsdiction, such unconstitutionality shall not affect any of the
remaunng 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 unconstrtuhonal phrase, clause, sentence, paragraph or section.
SECTION 4.
Any person, firm or corporation who violates, disobeys, oiruts, 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 Two Thousand Dollars ($2,000.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
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SECTION 5.
All nghts and remedies of the City of Fort Worth, Texas, are expressly saved as to any and
all violations of the provisions of the Code of the Crty of Fort Worth which have accrued at the
tune of the effective date of this ordinance; and, as to such accrued violations 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 maybe prosecuted until final disposition by the courts.
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 m the official
newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013 Texas Local
Goverrunent Code.
SECTION 7
This ordinance shall take effect upon adoption and publication as required by law
APPROVED AS TO FORM AND LEGALITY
Assistant Crt, y At orney
ADOPTED• ~ ~~r. ~T - + (~
EFFECTIVE. ~~ ul~
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 10/11/2005 Ordiinance No 16641 10-2005
~~ ~ m
DATE Tuesday October 11 2005
LOG NAME 80BIRDS
REFERENCE NO *G-14955
SUBJECT
Adopt Ordinance Amending Section 23-6 Discharging Firearms of the City Code to add Exceptions
to the Prohibition of the Discharge of Firearms in Certain Circumstances and Approve Expansion
and Staff Implementation of the Bird Relocation Program
RECOMMENDATION
It is recommended that the City Council
1 Adopt an ordinance amending Section 23-6 'Discharging Firearms of the Code of the City of Fort
Worth to add exceptions to the prohibition of the discharge of firearms on persons participating in the Bird
Relocation Program and the discharge of a shotgun air rifle air pistol BB gun bow and arrow center fire
or rim rifle or pistol on certain property annexed after 1981 and on land in the extra territorial jurisdiction
and
2. Approve the expansion and staff implementation of the Bird Relocation Program
DISCUSSION
In 1995 the City realized the importance of relocating nuisance birds that populated the downtown
area. The City's efforts in relocating these birds were limited to City properties, the Water Gardens
General Worth Square Burnett Park and City Hall This program was successful however the bird problem
continued to increase in other downtown areas such that it became a deterrent for businesses and
tourism
On January 18 2005 the Bird Relocation Program expanded in the downtown area and propane cannons
and cracker shells were used from City right-of-ways to disperse the birds. Responses from the businesses
and residents have been most supportive Due to this success, requests have been received from
businesses and citizens to expand the program and provide resources and assistance for their
participation
To expand the program to cover all of downtown and other areas within the city limits such as malls, eating
establishments and satellite businesses, the City staff will provide training and require a permit to participate
in the Program The Parks and Community Services Department (PACSD) wi11 provide training on safety
and proper use of pyrotechnics. The Fire Department will issue pyrotechnic permits to individuals who have
successfully completed this training PACSD will keep training and permit records and track the impact of
the relocation program efforts.
It is recommended that the City staff through the City Manager oversee the program Coordinated efforts
with Downtown Fort Worth Inc. local businesses, citizens and the City of Fort Worth will be required to
monitor direct and complete this expanded program
Logname• 80BIRDS Page 1 of 2
Senate Bill 734 signed by the Governor and effective May 3 2005 prohibits a city from applying a
regulation relating to the discharge of firearms or other weapons outside its city limits or in an area annexed
by the city after September 1 1981 if' (1) the weapon is a shotgun air rifle or pistol BB gun or bow and
arrow and is discharged on ten acres or more of land and more than 150 feet from a residence or occupied
building and the projectile is not reasonably expected to cross the boundary of the tract; or (2) the weapon
is a center fire or rim fire rifle or pistol or any caliber that is discharged on fifty acres or more and more than
300 feet from a residence or occupied building and the projectile is not reasonably expected to cross the
boundary of the tract.
In order to allow the expansion of the Bird Relocation Program and to comply with newly adopted state law
it is advisable to amend Section 23-6 'Discharging Firearms of the City Code to add exceptions on the
prohibition of the discharge of firearms.
For persons using blank cartridges for bird disbursement, having a valid current permit to participate in
the City's Bird Relocation Program and operating in accordance with the adopted bird disbursement policies
and program
For persons discharging a shotgun air rifle or pistol BB gun or bow and arrow on a tract of land that is
ten acres or more that was annexed by the city after September 1 1981 and the discharge was more than
150 feet from a residence or occupied building located on another property and in a manner not reasonably
expected to cause the projectile to cross the boundary of the tract;
For persons discharging a center fire or rim rifle or pistol of any caliber on a tract of land of 50 acres or
more that was annexed by the City after September 1 1981 and the discharge is more than 300 feet from a
residence or occupied building located on another property and was in a manner not reasonably expected
to cause a projectile to cross the boundary of the tract; and
For persons discharging a firearm in the extraterritorial jurisdiction of the City
This program and ordinance amendments impact the entire City
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that no City funds wilt be expended in the adoption of the ordinance
amendments
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by: Libby Watson (6183)
Originating Department Head: Randle Harwood (Acting) (5704)
Additional Information Contact: Sandra Youngblood (5755)
Logname• SOBIRDS Page 2 of 2