ORD 1999-16 - Amending Title 21 08-06-1999ORDINANCE NO. 99-16
AN ORDINANCE AMENDING TITLE 21 OF THE CODE OF ORDINANCES OF
THE CITY OF HUNTSVILLE, TEXAS, BY AMENDING SECTION 21.01.07
"DISCHARGE OF FIREARMS PROHIBITED" TO PROVIDE A DEFENSE FOR
LAWFUL HUNTING ON STATE OR FEDERAL PROPERTY; PROVIDING A
SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING
AN EFFECTIVE DATE.
WHEREAS, the City of Huntsville prohibits the discharge of firearms within the
corporate limits of the City; and
WHEREAS, the City has annexed property that is owned by the United States and
the State of Texas and those governmental entities have permitted the hunting of deer on
their property; and
WHEREAS, since the annexation of the properties, hunting has ceased because of
the City's ordinance prohibiting the discharge of firearms; and
WHEREAS, both the State of Texas and the United States desire to resume hunting
on property owned by each of those governmental entities within the City limits in order to
properly control the deer population on their properties as well as surrounding properties;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF HUNTSVILLE, TEXAS, that:
SECTION 1: Title 21 "Offenses and Miscellaneous Provisions," Part 21.01 "In
General," Section 21.01.07 "Discharge of firearms prohibited" is amended to hereinafter read
as follows:
21.01.07 Discharge of Firearms Prohibited.
A. A person commits an offense if the person discharges a firearm within the City.
B. It is a defense to prosecution under this Section that the person discharged the
firearm:
1. In a regularly established shooting range;
2. When lawfully defending a person or property;
3. In lawful discharge of duties as a peace officer or as an officer of the Texas
Department of Corrections; or
4. When lawfully hunting for deer on property owned by the United States or
the State of Texas and pursuant to proper permission or authority to hunt
granted by the United States or the State of Texas.
ORDINANCE NO. 99-16
Page 2
SECTION 2: This Ordinance shall be cumulative of all other ordinances of the City
and shall not repeal any of the provisions of those ordinances except in those instances where
the provisions of those ordinances are in direct conflict with the provisions of this Ordinance.
SECTION 3: If any portion of this Ordinance shall, for any reason, be declared
invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining
provisions hereof and the Board hereby determines that it would have adopted this Ordinance
without the invalid provision.
SECTION 4: This Ordinance shall take effect immediately from and after the date
of its passage.
PASSED AND APPROVED ON THIS 8TH DAY OF JUNE, 1999.
THE CITY OF HUNTSVILLE, TEXAS
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William B. Green, Mayor
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Danna Welter, City Secretary
APPROVED AS TO FORM:
e'hul CO. Isham', City Attorney