Ordinance 2008-31
r.~~ ORDINANCE NO. 2008-31
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS,
REPEALING ORDINANCE NOS. 87-5 AND 2004-15; AMENDING
CHAPTER 74 (OFFENSES AND MISCELLANEOUS
PROVISIONS), ARTICLE V(WEAPONS) OF THE WYLIE CODE
OF ORDINANCES; DEFINING TERMS FOR THE ARTICLE;
PROHIBITING THE SALE OF REPLICA FIREARMS AND
PROJECTILE WEAPONS FROM ICE CREAM VENDING
TRUCKS, MOBILE FOOD VENDING TRUCKS, OR PUSH
CARTS; PROHIBITING THE PRESENCE OF REPLICA
FIREARMS AND PROJECTILE WEAPONS IN ICE CREAM
VENDING TRUCKS, MOBILE FOOD VENDORS, OR PUSH
CARTS; PROVIDING A MORE EFFECTIVE ORGANIZATION
FOR ARTICLE V; PROVIDING FOR A PENALTY FOR THE
VIOLATION OF THIS ORDINANCE; PROVIDING FOR
REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND
PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE.
WHEREAS, the City Council of the City af Wylie ("City Council") has investigated and
determined that it would be advantageous and beneficial to the citizens of the City of Wylie,
Texas ("Wylie") to repeal Ordinance Nos. 87-5 and 2004-15 and amend Chapter 74 (Offenses
~ and Miscellaneous) Article V(Weapons) of the Wylie Code of Ordinances; and
WHEREAS, the City Council has investigated and determined that there is a need for an
ordinance controlling the discharge of fire arms and projectile weapons within the City of Wylie;
WHEREAS, many replica firearms are manufactured in a manner that makes them
appear and sound like real firearms; and
WHEREAS, the sale of replica firearms from these vehicles targets minor children; and
WHEREAS, the close resemblance of many replica firearms to real firearms creates
confusion and alarm in law enforcement officers and the general public when such replica
firearms are displayed or brandished in public; and
WHEREAS, this confusion and alarm created by replica firearms have resulted in the
death and injury of minors caused by the reactions of law enforcement officers and members of
the public who mistakenly believe the minors are displaying or brandishing real firearms; and
WHEREAS, the City Council has determined that a need exists to adopt certain
regulations and restrictions relating to the sale of replica firearms in the City of Wylie in order to
further the health, safety, and welfare of minors residing in, ar visiting, Wylie, as set forth below;
and
Ordinance No. 2008-31
Amendment to Chapter 74, Article V of Wylie's Code of Ordinances
Prohibiting Sale of Weapons and Firearms From Vending Trucks and Push Carts Page I
516617-I
WHEREAS, the City Council has determined that a need exists to make various non-
substantive organizational changes to Chapter 74 (Offenses and Miscellaneous Provisions),
Article V(Weapons) in order to make the regulations easier to understand and enforce.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE TEXAS:
SECTION 1: Findin s~ Incorporated. The findings set forth above are incorporated as if
fully set forth herein.
SECTION 2: Ordinance Nos. 87-5 and 2004-15 Repealed. Wylie Ordinance Nos. 87-5
and 2004-15 are repealed in their entirety and replaced by this Ordinance for the purpose of
updating the rules and regulations relating to weapons. The effective date of the repeal discussed
in this Section shall not occur until the effective date of this Ordinance at which time Ordinance
Nos. 87-5 and 2004-15 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 Nos. 87-5 and 2004-15 occurring before the effective date of this
Ordinance. Any permit issued pursuant to Ordinance Nos. 87-5 and 2004-15 shall remain
effective, but shall be governed by, and expire in accordance with, this Ordinance.
SECTION 3: Amendment to Chapter 74 (Offenses and Miscellaneous Provisions)
Article V(Weapons). Amendment to Chapter 74 (Offenses and Miscellaneous Provisions),
~ Article V(Weapons) of the Wylie Code of Ordinances is to read as follows:
"ARTICLE V. WEAPONS
Sec. 74-81 Definitions.
The following words, terms and phrases, when used in Section 74-61, shall have
the meanings ascribed to them in this section, except where the context clearly indicates
different meaning:
Air Soft Gun means a spring-operated, gas-operated, or battery powered
replica firearm made of hard plastic or light metal that fires plastic or other
nonmetallic projectiles.
Firearm means any device designed, made, or adapted to expel a projectile
through a barrel by using the energy generated by an explosion or burning
substance, or any device readily convertible to that use. Examples of firearms
include, but are not limited to, guns, rifles, shotguns, automatic rifles,
revolvers, pistols.
Ice Creum Vending Truck or Pushcart means any vehicle from which ice
cream or other frozen desserts are sold or offered for sale.
Ordinance No. 2008-31
Amendment to Chapter 74, Article V of Wylie's Code of Ordinances
Prohibiting Sale of Weapons and Firearms From Vending Trucks and Push Carts Page 2
~i6617-1
Mohile Food Yending Truck means any vehicle from which food is prepared,
pre-package, and sold or offered for sale.
Paintball Gun means a projectile weapon that is powered by compressed gas
carbon dioxide, nitrogen, or ordinary air, and fires dye-filled gelatinous
capsules.
Projectile Weapon means any device designed, made, or adapted to expel a
projectile, other than firearms. Examples of a projectile weapon include, but is
not limited to, pellet guns, BB guns, air soft guns, paintball guns, starter
pistol, air rifles, and bow and arrows.
Replica Firearm means any device or object that reasonably resembles a
firearm, or is a toy version or facsimile of a firearm.
Sec. 74-82. Discharge of firearms and projectile weapons.
It shall be unlawful to discharge, or cause to be discharged any firearm, or
projectile weapon within the city limits.
Sec. 74-83. Exceptions to Sec. 74-82.
The provisions of this Section 74-82 of this article shall not apply in the following
situations:
(1) Police officers while in the performance of their official duties. .
(2) Where a special permit application describing in detail the request of the
applicant has been filed with the city secretary, reviewed by the chief of
police and approved by the city council.
(3) Where blank cartridges are used to indicate the beginning of a sporting
event under the auspices of the schools or when such sporting event is in
conjunction with other activities approved by the city council.
(4) Discharge of firearms at gun ranges.
(5) Where the police chief authorizes use of firearms or projectile weapons by
citizens in civil emergencies.
(6) Where the person who discharged the firearm or projectile weapon had a
reasonable fear of bodily injury to the person or to another by a dangerous
wild animal as defined by V.T.C.A., Health and Safety Code ~ 822.101, as
.r.~~.,_ it exists or may be amended.
Ordinance No. 2008-31
Amendment to Chapter 74, Article V of Wylie's Code of Ordinances
Prohibiting Sale of Weapons and Firearms From Vending Trucks and Push Carts Page 3
~16617-1
~ (7) Where deadly force is used in defense of a person as prescribed by
V.T.C.A., Penal Code § 9.32, as it exists or may be amended.
(8) Where deadly force is used against another to protect a third person as
prescribed by V.T.C.A., Penal Code § 9.33, as it exists or may be
amended.
(9) Where force, deadly or otherwise, is used to protect life or health as
prescribed by V.T.C.A., Penal Code § 9.34, as it exists or may be
amended.
(10) Where force is used to protect one's property as prescribed by V.T.C.A.,
Penal Code § 9.41, as it exists or may be amended.
Sec. 74-84. Replica Firearms or Projectile Weapons.
(1) A person commits an offense if he, either personally ar through an
employee or agent, sells or offers for sale any firearm, projectile weapon,
or replica firearm from an ice cream vending truck, mobile food vending
truck, or pushcart.
~ (2) Except as otherwise permitted by state law, the owner, operator, or person
in control of an ice cream vending truck, mobile food vending truck, or
pushcart commits an offense if a firearm, projectile weapon, or replica
firearm is present in or on the ice cream vending truck, mobile food
vending truck, or pushcart while it is in the city.
Sec.74-85. Penalty.
Any person, firm, corporation or business entity violating this article, as amended,
shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a
sum not to exceed $500.00. Each continuing day's violation under this article shall
constitute a separate offense. The penal provisions imposed under this article shall not
preclude the city from filing suit to enjoin the violation. The city retains all legal rights
and remedies available to it pursuant to local, state and federal law."
SECTION 4: Penalty Provision. Any person violating this Ordinance shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be fined a sum of not less than One
Dollar ($1.00) nor more than Five Hundred Dollars ($500.00). City retains all legal rights and
remedies available to it pursuant to local, state and federal law.
SECTION 5: Savin Js~
/Repealin~ Clause. All ordinances for the City of Wylie, as
amended, shall remain in full force and effect, save and except as amended by this or any other
Ordinance. 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
Ordinance No. ?008-31
Amendment to Chapter 74, Article V of Wylie's Code of Ordinances
Prohibiting Sale of Weapons and Firearms From Vending Trucks and Push Carts Page 4
516617-I
~ 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, sentence, clause or phrase
of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it
is expressly provided that any and all remaining portions of this Ordinance shall remain in full
force and effect. Wylie hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 7: Effective Date. This Ordinance shall become effective from and after its
adoption.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS on this 24`" day of June, 2008.
~
Eric Hogue, M y
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ATTESTED TO AND • ° ~ L~
CORRECTLY RECORDED BY~ U;
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Date of publication in The Wylie News - July 2, 2008
Ordinance No. 2008-31
Amendment to Chapter 74, Article V of Wylie's Code of Ordinances
Prohibiting Sale of Weapons and Firearms From Vending Trucks and Push Carts Page 5
i16617-I
CE,S Media, Inc.
~ ~be ~nrmergbitle ~imeg • Nlurphy 111onitor • The Princeton Herald • The Sachse News • THE WYLIF. NEWS
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STATE OF TEXAS `~1
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared Chad Engbrock,
publisher of The Wylie News, a newspaper regularly published in Collin County, Texas and
having general circulation in Collin County, Texas, who being by me duly sworn, deposed and
says that the foregoing attached
City of Wylie -Ordinance No. 2008-30 and 2008-31
was published in said newspaper on the following dates, to-wit:
July 2, 2008.
Chad Engbrock, Publisher
~ r
Subscribed and sworn before me on this, the day of , 200a
to certify which witness my hand and seal of office.
1
~~`p~~RYP~e~~~ MARY SWANK
= ~ ~ Notary Public, Statp pf Texes ~ ~r ~ ~I
,r My Comm~ssion Expires
• ; September 22, 2010
Nota y Public in and for
The State of Texas
.~C~(;
My commission expires
MurphylSachse/Wylie Office • 110 N. Ballard • P.O. Box 369 • Wylie, TX 75098 • 972-442-5515 • fax 972-442-4318
Farmersville/Princeton Office • 101 S. Main • P.O. Box 512 • Fsmiersville, TX 75442 • 972-784-6397 • fax 972-782-7(Y23
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Jul 2 2fl08 S.B
~AUINAAdCE NO. IC~ t~.~~i i~END-
_ 20~08-31 IN4 "T'~~JCKS,
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AN ~RDINANC~ OF J~RUCKS,
THE CITY OF. a~ CARTS;
WYLI~, TEXAS, ~~Q~~~~ ~
REPEALING ORDI- ~ OF
NANCE NOS. 87-5 ~~'~~S
AND 2004-15; ~ ~~~~E
AMENDING CI-~AP- ~~~3~ ~ ICE
TER ?4 (OFFENSES '~~ll~TG
A1vD MISCELLA- ~
NEOUS PROVI- O~
SIONS), A12TICLE V PRO-
(V~EAPONS) OF TF~ ' ,A MORE
WYLIE Cf?DE ~OF E~~TTVB` ORGA-
OI2DINANCES; ~ZATION. FOR
DEFINING TERMS '`~~CLE V; PROVID-
FOR THE ARTICLE; ~J~t ~A P~~TAL~TY.
FOR ~IE VIf.~~A-
PROHI~31'~ING THE - ~
SALE OF REPLICA ~ ~ ~S
FIR~ARMS AND ~ 1~TA~CE; PRQ
P R O J E C T I L E ~OR K,EPEA~~TG, .
WEAP~NS F~20M SAVINGS ANU SFV-
ERABILITY `CLAUS-
ES; AND PRQ~IDING
FOR AN EFFECTTVE
"`DATE OF THIS ~RDI-
NANCE.
Eric Hogue,
NTayor
A'I'TFST:
arole Ehrlich, Ciry
~ 7-1t-339'67li