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CHAPTER 130: GENERAL OFFENSES
Section
Offenses Against Public Health and Safety
130.01 Discharging firearms
130.02 Giving false name and address to emergency personnel
Offenses Against Property
130.15 Unauthorized cable television connection
130.16 Collecting pecans, nuts, and fruit restricted
Offenses Against Public Morals
130.30 Manifesting the purpose of engaging in prostitution
Curfew for Minors
130.40 Provisions supplemental
130.41 Definitions
130.42 Unlawful acts
130.43 Defenses
130.44 Enforcement
130.99 Penalty
Cross-reference:
Noise, see §§ 92.30 et seq.
OFFENSES AGAINST PUBLIC HEALTH AND SAFETY
§ 130.01 DISCHARGING FIREARMS.
(A) Definitions.
CRIMINAL NEGLIGENCE. A person acts with criminal negligence,
or is criminally negligent, with respect to circumstances surrounding
his or her conduct or the result of his or her conduct when he or she
ought to be aware of a substantial and unjustifiable risk that the circumstances
exist or the result will occur. The risk must be of a nature and degree
that the failure to perceive it constitutes a gross deviation from the
standard of care that an ordinary person would exercise under all the
circumstances as viewed from the actor’s standpoint.
RECKLESS. A person acts recklessly, or is reckless,
with respect to circumstances surrounding his or her conduct or the
result of his or her conduct when he or she is aware of but consciously
disregards a substantial and unjustifiable risk that the circumstances
exist or the result will occur. The risk must be of a nature and degree
that its disregard constitutes a gross deviation from the standard of
care that an ordinary person would exercise under all the circumstances
as viewed from the actor’s standpoint.
RIM FIRE or CENTER FIRE RIFLE or PISTOL.
Any shoulder fired or other firearm designed or intended to be fired
using the energy of the explosive material in a fixed metal cartridge
to fire a single
projectile through a barrel with internal grooves.
SHOTGUN. A firearm with a smooth bore, designed to
fire small pellets or shot. A SHOTGUN has no grooves
in its barrel.
(B) Violations.
(1) It is unlawful for any person to discharge a rim fire or center
fire rifle or handgun within the city limits.
(2) Subject to division (D)(7) and (E) of this section, it shall be
unlawful for a person to discharge a shotgun within the city limits.
(3) It is unlawful to recklessly or with criminal negligence discharge
any rim fire or center fire rifle or handgun outside the city limits
if the expelled projectile, or any portion thereof, lands inside the
city limits.
(4) It shall be unlawful for any person to intentionally, knowingly,
recklessly, or with criminal negligence, to shoot, fire or discharge
an air pistol, air rifle, or BB gun across a public right-of-way within
the city limits.
(C) Exemptions to violations. The following persons are excepted
from division (B) of this section:
(1) Peace officers certified by the State of Texas and persons training
to become peace officers, in the performance of their duties or in the
course of training for their duties; and
(2) Federal law enforcement officers and persons training to become
federal law enforcement officers, in the performance of their duties
or in the course of training for their duties; and
(3) Animal control officers employed by the city and persons training
to become city animal control officers in the performance of their duties
or in the course of training for their duties.
(D) Exemptions from prosecution. It is an affirmative defense
to prosecution under this section if the discharge was made:
(1) By persons licensed to carry firearms by the board of private investigators
and private security agencies, in the performance of their duties; or
(2) By a person who is justified to use deadly force under the provisions
of V.T.C.A., Tex. Penal Code, Chapter 9, as it may be amended from time
to time; or
(3) By persons using a shotgun at a sport shooting range as defined
by V.T.C.A., Tex. Loc. Gov’t Code, §250.001; or
(4) On property owned and controlled by the United States, provided
the discharge is in accordance with all laws, rules, and regulations
of the United States; or
(5) On property owned or operated by any branch of the armed services
of the United States government, a federal law enforcement agency, Texas
National Guard, or the Texas State Guard, provided the discharge was
made in the performance of the person’s duties or is in the course
of training the branch of the armed services of the United States government,
federal law enforcement agency, Texas National Guard, or Texas State
Guard; or
(6) As a part of the demonstration at a special event, function or activity,
provided the discharge is approved by the city; or
(7) By a person discharging a shotgun with a valid Texas hunting license
who is hunting fowl on a privately owned tract of land at least 20 acres
in size, provided the discharge was made in a way that the discharged
projectiles would not normally leave the property;
(8) On a privately owned tract of land, of any size, provided the person
reasonably believed the discharge was necessary to protect themselves,
another, or property.
(E) Written permission.
(1) (a) The exemption set forth in division (D)(7) is available to a
person not owning the property upon which the discharge was made only
if the person has written permission in his/per possession from the
property owner to be present on the property and to discharge the shotgun
on the property.
(b) The exemption set forth in division (D)(7) is available to a person
hunting fowl with a shotgun on a tract of property of less than 20 acres
if the person has written permission, as described in division (E)(1)(a)
above, to hunt on an adjacent tract and the total acreage of the two
tracts upon which the person has a written permission to hunt exceeds
20 acres.
(2) It shall be unlawful for any person to recklessly or with criminal
negligence shoot, fire, or discharge, a shotgun within the city limits.
(3) It shall be unlawful to discharge a shotgun within 500 feet of a
residence or other structure used for commercial, retail or office purposes.
(Prior Code, § 11-1) (Am. Ord. 081103-A, passed 8-11-2003) Penalty,
see § 130.99
Statutory reference:
Municipal regulation of firearms, see Tex. Loc. Gov’t Code, §
217.003
Weapons, see Tex. Penal Code, §§ 46.01 et seq.
§ 130.02 GIVING FALSE NAME AND ADDRESS
TO EMERGENCY PERSONNEL.
It shall be unlawful for any person, when receiving service from the
emergency medical service personnel of the city, to give an assumed
or fictitious name or a false place of residence or address, or any
other than his or her true name and the true place of his or her residence
or address, to one requesting that information.
(Prior Code, § 11-2) Penalty, see § 130.99
OFFENSES AGAINST PROPERTY
§ 130.15 UNAUTHORIZED CABLE TELEVISION CONNECTION.
(A) It shall be unlawful for any person or persons, firm, or corporation
without permission of the cable
television permit holder in the city to attach to, cause to be attached
to, or allow to be attached to a
television set, video tape recorder, or other equipment designed to
receive a television transmission, a
device that intercepts and decodes, converts, or descrambles the cable
television transmission.
(B) It shall also be unlawful for any person or persons, firm, or corporation
to knowingly use a television set, video tape recorder, or other equipment
designed to receive a television transmission, which has been connected
to a device that intercepts and decodes, converts, or descrambles the
cable television transmission without the permission of the cable television
permit holder in the city.
(C) Expanding a single outlet which was installed with the permission
of the cable television permit holder to a second or multiple outlets
without the permit holder’s permission or acknowledgment, or making
use of this type of second or multiple outlets, shall be a violation
of this section.
(Prior Code, § 11-11) Penalty, see § 130.99
§ 130.16 COLLECTING PECANS, NUTS, AND
FRUIT RESTRICTED.
(A) Private property. It shall be unlawful for any person to enter upon
any private property to pick up pecans, nuts, or fruits, or for any
other purpose not otherwise authorized by law, without the consent
of the owner or owners of those premises.
(B) Streets and public rights-of-way. It shall be unlawful for any person
to pick up pecans, nuts, or fruits from the streets or public rights-of-way.
Owners of pecan, nut, or fruit trees that are on private property abutting
a street or public right-of-way may pick up pecans, nuts, and fruits
that have fallen from trees on their property into a street or public
right-of-way. Where the tree is growing in a street or public right-of-way
or some unused portion thereof, only an abutting property owner shall
have the right to pick up pecans, nuts, or fruits falling from that
tree, and in no event shall the tree be thrashed or struck to cause
pecans, nuts, or fruits to fall therefrom.
(C) Public parks or recreational areas. It shall be unlawful for any
person to pick up pecans, nuts,
or fruits in public parks or recreational areas where signs are posted
prohibiting same. In no event shall
any person thrash or otherwise strike a tree to cause pecans, nuts,
or fruits to fall therefrom. Owners of
pecan, nut, or fruit trees that are on private property abutting a public
park or recreational area may pick up pecans, nuts, and fruits that
have fallen from trees growing on their property into a public property
or recreation area.
(Prior Code, § 11-12) Penalty, see § 130.99
OFFENSES AGAINST PUBLIC MORALS
§ 130.30 MANIFESTING THE PURPOSE OF ENGAGING IN
PROSTITUTION.
(A) A person commits an offense if he or she loiters in a public place
in a manner and under circumstances manifesting the purpose of inducing,
enticing, soliciting, or procuring another to commit an act of prostitution.
Among the circumstances which may be considered in determining whether
this purpose is manifested: that the person is a known prostitute or
panderer, that the person repeatedly beckons to, stops, or attempts
to stop or engage passersby in conversation, or that the person repeatedly
stops or attempts to stop motor vehicle operators by hailing, waving
of arms, or any other bodily gesture. No arrest shall be made for a
violation of this section unless the arresting officer first affords
the person an opportunity to explain that conduct, and no one shall
be convicted of violating this section if it appears at trial that the
explanation given was true and disclosed a lawful purpose.
(B) For the purpose of this section, the following definition shall
apply unless the context clearly indicates or requires a different meaning.
KNOWN PROSTITUTE OR PANDERER. A person who, within
one year previous to the date
of arrest for violation of this section, has within the knowledge of
the arresting officer been convicted of
prostitution, promotion of prostitution, aggravated promotion of prostitution,
or compelling prostitution.
(C) The definition of prostitution in the Tex. Penal Code shall apply
to this section.
(Prior Code, § 11-13) Penalty, see § 130.99
CURFEW FOR MINORS
§ 130.40 PROVISIONS SUPPLEMENTAL.
The provisions of this subchapter are supplemental and cumulative to
all other laws and ordinances applicable in any manner to juveniles.
(Ord. 24-23, passed 10-13-1997)
§ 130.41 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall
apply unless the context clearly indicates or requires a different meaning.
CURFEW HOURS.
(1) 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday
until 6:00 a.m. of the following day; and
(2) 12:01 a.m. until 6:00 a.m. on any Saturday or Sunday.
DIRECT ROUTE. The shortest path of travel through a
public place to reach a final destination without any detour or stop
along the way.
EMERGENCY. An unforeseen combination of circumstances
or the resulting state that calls for
immediate action. It includes, but is not limited to, a fire, a natural
disaster, an automobile accident, or any
situation requiring immediate action to prevent serious bodily injury,
loss of life, or damage to property.
ESTABLISHMENT. Any privately owned place of business
operated for a profit to which the public
is invited, including but not limited to any place of amusement or entertainment.
GUARDIAN. A court-appointed guardian of the person
of a minor, or a public or private agency with
whom a minor has been placed by a court.
INTERSTATE TRANSPORTATION. Transportation between states
of the U.S. or between a state of the U.S. and a foreign country, to
which travel through the city is merely incidental.
INTRASTATE TRANSPORTATION. Transportation between locations
within the state, to which
any travel through the city is merely incidental.
JUVENILE. Any person under 17 years of age.
OPERATOR. Any individual, firm, association, partnership,
or corporation operating, managing, or
conducting any establishment. The term includes the members or partners
of an association or partnership and officers of a corporation.
PARENT. The natural parent, adoptive parent, or step-parent
of a juvenile.
PUBLIC PLACE. Any place to which the public or a substantial
group of the public has access, and
including, but not limited to, streets, highways, and the common areas
of schools, hospitals, apartment
houses, office buildings, transport facilities, and shops. This term
shall include establishments as defined
above.
REMAIN. To linger or stay, or to fail to leave premises
when requested to do so by a police officer
or the owner, operator, or other person in control of the premises.
RESPONSIBLE ADULT. An adult who is at least 18 years of age
and has been designated in writing
by a parent or court-appointed guardian to have care and custody of
a juvenile.
(Ord. 24-23, passed 10-13-1997)
§ 130.42 UNLAWFUL ACTS.
(A) It shall be unlawful for any juvenile to knowingly remain, walk,
run, stand, drive, or ride about, in, or upon any public place in the
city or on the premises of any establishment within the city during
curfew hours.
(B) It shall be unlawful for a parent or guardian to knowingly permit
or by insufficient control allow a juvenile to remain in any public
place or on the premises of any establishment within the city during
curfew hours. As used in this section, the term knowingly includes knowledge
that a parent or guardian should reasonably be expected to have concerning
the whereabouts of a juvenile. It shall be prima facie evidence of a
violation of this section if a parent or guardian has no knowledge of
a juvenile’s whereabouts during the hours of curfew established
herein.
(C) It shall be unlawful for any owner, operator, or employee of an
establishment to allow a juvenile to remain upon the premises of the
establishment during curfew hours beyond the time necessary to conduct
an activity set out in § 130.43(A) of this code.
(Ord. 24-23, passed 10-13-1997) Penalty, see § 130.99
§ 130.43 DEFENSES.
(A) It is a defense to prosecution under § 130.42(B) of this code
that the juvenile was:
(1) Accompanied by the juvenile’s parent, guardian, or responsible
adult;
(2) On an errand at the direction of the juvenile’s parent or
guardian, without making any unnecessary detour or stop;
(3) In a motor vehicle involved in intrastate or interstate travel;
(4) Engaged in a lawful employment activity or going to or returning
home by a direct route from a lawful employment activity, without any
detour or stop;
(5) Involved in an emergency or on an errand made necessary by an emergency;
(6) On the sidewalk abutting the juvenile’s residence or abutting
the residence of a next-door neighbor, if the neighbor did not complain
to the Police Department about the juvenile’s presence;
(7) Attending a school, religious, or government-sponsored activity
supervised by adults, or traveling by direct route to or from a school,
religious, or government-sponsored activity supervised by adults, without
any detour or stop;
(8) Engaging in, participating in, or traveling to or from any event,
function, or activity for which § 130.42 of this code would contravene
the juvenile’s rights protected under the U.S. or State Constitutions;
or
(9) Married or had been married or had disabilities of minority removed
in accordance with the Tex. Fam. Code.
(B) It is a defense to prosecution under § 130.42(C) that the owner,
operator, or employee of an establishment promptly notified the Police
Department that a juvenile was present on the premises of the
establishment during curfew hours and refused to leave after being asked
to leave.
(Ord. 24-23, passed 10-13-1997) Penalty, see § 130.99
§ 130.44 ENFORCEMENT.
(A) Before taking any enforcement action under this subchapter, a police
officer shall ask the apparent
juvenile offender’s age and reason for being in the public place.
The officer shall not issue a citation or
make an arrest under this subchapter unless the officer reasonably believes
that an offense has occurred
and that, based on any response and other circumstances, no defense
under § 130.43 is present.
(B) If a juvenile is found in violation of this subchapter, the Police
Department shall mail a notice to the parent or guardian of the juvenile
informing the parent or guardian of the violation and warning the parent
or guardian that a violation of this subchapter can result in the prosecution
of the juvenile and the parent.
(C) If a juvenile is found in violation of this subchapter at an establishment,
the Police Department shall mail a notice to the operator informing
the operator of the violation and warning the operator that a violation
of this subchapter can result in the prosecution of the operator.
(D) When required by the Tex. Fam. Code, the Municipal Court shall waive
its original jurisdiction over a juvenile who violates this subchapter
and shall refer the juvenile to the juvenile court.
(Ord. 24-23, passed 10-13-1997) Penalty, see § 130.99
§ 130.99 PENALTY.
(A) General. Any person who violates a provision of this chapter
for which no other penalty is provided shall be subject to penalties
as provided in § 10.99 of this code.
(B) Curfew violations.
(1) Any juvenile violating the provisions of the subchapter §§
130.40 et seq. shall be guilty of a class C misdemeanor and shall be
dealt with in accordance with the provisions of Tex. Fam. Code, Title
3, which may include prosecution in Municipal Court.
(2) A person who violates a provision of §§ 130.40 et seq.
is guilty of a separate offense for each
day or part of a day during which the violation is committed, continued,
or permitted. Each violation of
§§ 130.40 et seq. is a class C misdemeanor that may be punished
by the assessment of a fine of not less than $1 nor more than $500.
(Ord. 24-23, passed 10-13-1997)
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