06-107 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 06 - 107
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS,REPEALING
ORDINANCE NO. 06-90; 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 of the citizens and the public to establish regulations for the discharge of firearms as set forth
below; and
WHEREAS, the Town Council approved Ordinance No. 06-90 on August 22, 2006, but
requested the Police Chief bring forth amendments to the approved ordinance, and such amendments
are contained herein.
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: Repeal of Ordinance No. 06-90. Prosper Ordinance No.06-90 is repealed in its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. 06-90 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repealed.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. 06-90
occurring before the effective date of this Ordinance.
SECTION 3: 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:
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(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. It shall be unlawful for any person to discharge a compressed air weapon in the
Town limits or the extraterritorial jurisdiction of the Town in a manner that causes
the projectile to be propelled upon, across or into a public street, alley or other
public thoroughfare or to be propelled across the property line of the property
from which the projectile originated its propelling motion, except as may be
specifically permitted under the laws of the State of Texas.
D. This Section 3 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.
E. For purposes of this Ordinance, the term "firearm" shall mean any type of
handgun, shotgun, rifle, pistol and all percussion weapons. For purposes of this
Ordinance,the term"compressed air weapon" shall mean BB gun, air rifle, pellet
gun, bow and arrow or other instrument in which the projectile is propelled by
compressed air.
F. Any person violating the provisions of Section 3.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 3.B. or 3.C. 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 4: 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 3.F., above. Each continuing day's violation under this
Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance
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461378.v1
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 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 10th day of October, 2006.
Charles Niswang r, Mayor
ATTESTED AND CORRECTLY
RE / .r r � /
t =�I .`, OF PR f'r
atthew Denton, Town Secretary • O.• '. C`
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Date(s)of Publication 670 �,€ fig a , in the D
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461378.v1
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 Dallas Morning News—Collin County Edition on:
TOWN OF �7
ORDINANCE .TEXAS06-107 OCtOber 17,2006
AN ORDINANCE OF October 19 2006
THE TOWN OF PROS- f
PER, TEXAS, REPEAL-
ING ORDINANCE NO.06- `
90; ESTABLISHING r
REGULATIONS FOR •
THE DISCHARGE OF *
FIREARMS
ITSNEXTRA-
TERRITORIAL JURIS-
DICTION II
B-
/` LISHING DS•P.ROVIDIPENALTY VI-
OLATION R-
DINANCE; NGFOR REPEV-
INGS AND ILI- .
TY CLAUSES; PROVID-
ING FOR AN EFFEC- .,
TIVE DATE OF THIS
ORDINANCE; AND PRO-
OF THE PUB-
LICATION -
TION HEREOF.
Sworn to and subscribed before me this October 19, 2006, A.D
(Lisa B nfield)
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