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06-090 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 06-90 AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, REPEALING ORDINANCE NO. 94-06-14; ESTABLISHING REGULATIONS FOR THE DISCHARGE OF FIREARMS IN PROSPER AND ITS EXTRATERRITORIAL JURISDICTION AND ESTABLISHING DEFINITIONS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING,SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas, (the "Town Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the Town of Prosper, Texas("Town"or"Prosper")and in the best interest of the public health, safety and welfare ofthe citizens and the public to establish regulations for the discharge of firearms as set forth below. NOW,THEREFORE,BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Firearm Regulations. A. It shall be unlawful for any person, other than a peace officer, to carry a firearm in any building in which municipal court is held,regardless of whether or not the person is duly licensed by the State of Texas to carry a concealed handgun. B. It shall be unlawful for any person to discharge a firearm in the Town limits or the extraterritorial jurisdiction of the Town, except: (1) Within a properly secured and permitted indoor or outdoor firearms range, constructed and maintained in accordance with National Rifle Association specifications and standards and any standards prescribed by Town ordinance or upon a range owned and operated by a governmental entity; or (2) The discharge of blanks during government sanctioned celebrations or athletic events; or (3) As otherwise may specifically be permitted for other purposes under the laws of the State of Texas. C. This Section 2 shall not be construed to prohibit any peace officer from discharging a firearm in the performance of his/her duty,nor to prohibit any person from discharging a firearm when lawfully defending person or property or as specifically allowed by the laws of the State of Texas. D. For purposes of this Ordinance, the term "firearm" shall mean any type of handgun, shotgun, rifle, pistol, and all percussion weapons. E. Any person violating the provisions of Section 2.A. shall be deemed guilty of a Class A misdemeanor or other category of offense as provided by State law and, upon conviction thereof, shall be punished in accordance with the Texas Penal Code, as its exists or may be amended. Any person violating the provisions of Section 2.B. shall be deemed guilty of a Class C misdemeanor and,upon conviction thereof,shall be punished in accordance with the Texas Penal Code, as its exists or may be amended. SECTION 3: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished in accordance with Section 2.E., above. Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 4: Repeal Of Ordinance No. 85-18. Prosper Ordinance No. 85-18 is repealed in its entirety and replaced by this Ordinance. The effective date of the repeal discussed in this Section shall not occur until the effective date of this Ordinance at which time Ordinance No. 85-18 shall be repealed. Such repeal shall not abate any pending prosecution and/or lawsuit or prevent any prosecution and/or lawsuit from being commenced for any violation of Ordinance No. 85-18 occurring before the effective date of this Ordinance. SECTION 5: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict;but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 6: Severability. Should any section, subsection, clause or phrase of this Ordinance be declared unconstitutional or invalid by any court of competent jurisdiction,it is expressly provided that any and all remaining portions of this Ordinance shall remain in full for force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clauses and phrases be declared unconstitutional or invalid. SECTION 7: Effective Date. This Ordinance shall be effective immediately upon its passage and publication as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, on this 22"a day of August, 2006. Charles NisotrOli,11,� �r ATTESTED AND CORRECTLY %% Of PRO RFC l '.i a r • . .•��s 40 atthew Denton, Town Secretary )l ' use ilie s �. r .0 Date(s)of Publication ,qua 02 5 ' % 2 V� 6 '+-'0� �•••• -{'"'�•fl a - � f4,‘ �jw r ��,®11l11;�1������ 6o4G i.�/ C1e► E�.7'ia."1 AFFIDAVIT OF PUBLICATION STATE OF TEXAS COUNTY OF DALLAS Before me, a Notary Public in and for Dallas County, this day personally appeared Lynda Black, Legal Advertising Representative for the DALLAS MORNING NEWS being duly sworn by oath, states the attached advertisement of: Town of Prosper as published in The Dallas Morning News—Metro Collin County Edition on: e TOWN OF PROSPER,TEXAS AU gust 29, 2006 ;} ORDINANCE NO.06-90 s, AN ORDINANCE OF August 31, 2006 .d THE TOWN OF PROS- :k•PER, TEXAS, REPEAL- )r ING ORDINANCE NO.94 ESTABLISHING — THE DISCHARGE OF FIREARMS IN PROS-, PER AND ITS E RA- TERRITORIAL JURIS- DICTION AND ESTAB=; LISHING DEFINITIONS;.' s. PROVIDING FOR A, PENALTY FOR HIS R �l^ ' DINAN OLATION OF THIS OR- DINANCE• PROVIDING1. -� FORG AND SEVERABI 1= TY CLAUSES; PROVID°; (Lynda Black) m ING FOR AN EFFEC., TIVE DATE OF THIS, VIDINGORDINANCE;AND PUB*. 00 TIONTHEREOF HE CAP,` if— Sworn to and subscribed before me this August 31 , 2006, A.D (Lisa atten e d) ``` ,/ ?)NTTF4,,c �j'.. p par •97� � y3S • '•. PIRE'