State law references–Authority of governing body to adopt ordinance, rule or police regulation for the good government, peace or order of municipality, V.T.C.A., Local Government Code, sec. 51.001; authority of city to define and declare nuisance, V.T.C.A., Local Government Code, sec. 217.002; nuisances and general sanitation, V.T.C.A., Health and Safety Code, sec. 341.011 et seq.

This article is adopted so that the village council may promote the public health, safety, morals and general welfare within the village through the regulation of the discharge of air guns, guns, firearms, explosive weapons, bows and arrows, slingshots, and similar devices. By prohibiting the discharge of guns, firearms, explosive weapons, zip guns, bows and arrows, and slingshots, and by restricting the discharge of air guns, the village council seeks to prevent bodily injury, death, and property damage within the village limits. (Ordinance 2003-05-01, sec. 2, adopted 5/5/03; Ordinance adopting Code)

1. General provisions. Words and phrases used in this article shall have the meanings set forth in this section. Words and phrases which are not defined in this article but are defined in other ordinances of the village shall be given the meanings set forth in those ordinances. Other words and phrases shall be given their common, ordinary meaning unless the context clearly requires otherwise. Headings and captions are for reference purposes only, and shall not be used in the interpretation of this article.
2. Specific definitions.
   
   Air gun means any device designed, made, or adapted to expel a projectile through a barrel by using the energy or force generated by the release of a spring or compressed gases. The term “air gun” includes but is not limited to B-B guns, pellet guns, air pistols and air rifles.
   
   Explosive weapon means any explosive or incendiary bomb, grenade, rocket, or mine that is designed, made, or adapted for the purpose of inflicting serious bodily injury, death, or substantial property damage, or for the principal purpose of causing such a loud report as to cause undue public alarm or terror, and includes a device designed, made, or adapted for delivery or shooting of an explosive weapon.
   
   Firearm means any device designed, made, or adapted to expel a projectile through a barrel by using the energy or force generated by an explosion or burning substance, or any device readily convertible to that use. The term “firearm” includes but is not limited to guns, handguns, machine guns, rifles, shotguns, automatic rifles, revolvers, and pistols.
   
   Person means any human individual or corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity.
   
   Public place means any place to which the public or a substantial group of the public has access, and includes, but is not limited to, parks, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
   
   Public right-of-way means the area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement in which the municipality has an interest.
   
   Village means the incorporated municipality of the Village of Point Venture, and its agents and assigns.
   
   Village limits means the municipal boundaries of the village.
   
   Zip gun means a device or combination of devices that was not originally a firearm and is adapted to expel a projectile through a smooth-bore or rifled-bore barrel by using the energy generated by an explosion or burning substance.

(Ordinance 2003-05-01, sec. 3, adopted 5/5/03)

1. Civil and criminal penalties. The village shall have the power to administer and enforce the provisions of this article as may be required by governing law. Any person violating any provision of this article is subject to suit for injunctive relief as well as prosecution for criminal violations. Any violation of this article is hereby declared to be a nuisance.
2. Criminal prosecution. Any person violating any provision of this article shall, upon conviction, be fined a sum in accordance with the general penalty provided in section 1.01.009 of this code. Each day that a provision of this article is violated shall constitute a separate offense. An offense under this article is a misdemeanor.
3. Civil remedies. Nothing in this article shall be construed as a waiver of the village’s right to bring a civil action to enforce the provisions of this article and to seek remedies as allowed by law, including but not limited to the following:
   1. Injunctive relief to prevent specific conduct that violates this article or to require specific conduct that is necessary for compliance with this article;
   2. A civil penalty up to $1,000.00 a day when it is shown that the defendant was actually notified of the provisions of this article and after receiving notice committed acts in violation of this article or failed to take action necessary for compliance with this article; and
   3. Other available relief.

(Ordinance 2003-05-01, sec. 8, adopted 5/5/03; Ordinance adopting Code)

It shall be unlawful for any person to discharge, fire, or shoot any firearm, explosive weapon or zip gun, or bows and arrows, or slingshots, of any description, within the village limits. (Ordinance 2003-05-01, sec. 4, adopted 5/5/03)

Section 8.02.004 of this article shall not apply to:

1. Licensed peace officers, as that term is defined by Texas Code of Criminal Procedure, article 2.12(3), provided that such discharges are made in the course and scope of the peace officers’ official duties;
2. The use of blank cartridges for a theatrical production, military ceremony, or sporting event that is either sponsored by an educational institution or issued a permit by the village;
3. Self-defense or the defense of a third person, as provided by Texas Penal Code sections 9.31, 9.32, and 9.33;
4. Destroying predatory animals on one’s own property or with the written permission of the owner of the property; or
5. Duly designated animal control officers destroying injured animals on public or private property when the injuries are deemed by the officer to be fatal or near fatal.

(Ordinance 2003-05-01, sec. 5, adopted 5/5/03)

It shall be unlawful for any person to discharge, fire, or shoot any air gun in a public place or common area belonging to or managed by the Point Venture Property Owners Association. It shall be unlawful for any person to discharge, fire, or shoot any air gun on or across any public right-of-way or across any property line. (Ordinance 2003-05-01, sec. 6, adopted 5/5/03)