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ORD 1987-17 - Air Guns, Bows & Arrows & Slingshots - Regulates The Possesion & Use 08-11-1987ORDINANCE NO. 87- 17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, REGULATING AND RESTRICTING THE POSSESSION AND USE OF AIR GUNS, BOWS AND ARROWS, AND SLINGSHOTS; PROVIDING A PENALTY OF UP TO $200 FOR EACH SEPARATE VIOLATION; AND MAKING OTHER PROVISIONS RELATED THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: Section 1: The Code of Ordinances of the City of Huntsville, Texas, is hereby amended by the adoption of a new Section 13-6.1. Airguns and certain other weapons., which section shall read as follows: Sec. 13-6.1. Air guns and certain other weapons. (a) Air gun means any air gun, air pistol, air rifle, BB gun, pellet gun, spring gun, spring pistol or any other implement that is not a firearm which impels a pellet of hard plastic, steel, lead, or other hard material with a force that reasonably is expected to cause bodily harm. (b) A person commits an offense if he discharges an air gun in a public place without being accompanied by an adult. (c)(1) A person commits an offense if he intentionally or knowingly carries on or about his person an air gun unless the weapon is in plain view. (2) It is a defense to prosecution under this subsection that the person was on his own land, in his own home, or in his own fixed place of business. (d) A person commits an offense if he intentionally or knowingly uses an air gun, bow and arrow, or slingshot to shoot, or shoot at, any wild bird within the city limits. Section 2: Any person, firm, or corporation violating any provisions of this Ordinance or failing to comply with any requirement of this Ordinance will be guilty of a misdemeanor and subject to a fine of up to Two Hundred Dollars ($200.00) upon conviction. Each day during or upon which said person shall violate or continue violation of any provision of this Ordinance or non-compliance with any requirement of this Ordinance shall constitute a distinct and separate offense. The violation of any provision of this Ordinance or the failure to comply with any requirement of this Ordinance shall each constitute a distinct and separate offense. • • Section 3: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect any of the remaining provisions of this Ordinance. Section 4: All Ordinances and parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other Ordinances regulating and governing the subject matter covered by this Ordinance. Section 5: The City Secretary is hereby directed to cause the caption of this Ordinance to be published at least twice within ten days of final passage. This ordinance shall take effect ten (10) days after the date of final passage. PASSED AND APPROVED this ATTEST: day of DeShaw, City Secretary APPR:,„, D AS TO FORM: ott :7 nds, City Attorney 1987. THE CITY OF HUNTSVILLE