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HomeMy WebLinkAboutORD 04-010 ORDINANCE NO. 04-010 ENTITLED AN ORDINANCE AMENDING CHAPTER 18, SECTION 18-7 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO ALLOW THE DISCHARGE OF FIREARMS IN AN INDOOR FIREARM RANGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; PROVIDING FOR A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter18, Section 18-7, of the Code of Ordinances of the City of Beaumont be and it is hereby amended to read as follows: Section 18-7. Weapons — Discharging firearm. It shall be unlawful for any person, except a peace officer in the discharge of his official duties, to discharge any firearm within the City. It is an exception to this prohibition if the firearm is discharged within an indoor firearm range, operated by a person or entity with all permits or licenses required to operate such a facility, that meets the following requirements: (1) The structure must be constructed in such a manner that a bullet of the maximum caliber allowed to be fired within the range may not escape from the structure. (2) The range must utilize bullet traps that prevent the bullet from escaping from the structure and, in addition, minimize the escape of lead particles into the air, both inside and outside the structure. (3) The ventilation of the structure must meet all regulations applicable to such use, including, but not limited to, the regulation of the Environmental Protection Agency and the Texas Commission on Environmental Quality. (4) The structure must be constructed such that noise from the structure during use will not cause a disturbance to those across the real property boundary of the facility. (5) The Building Official is charged with enforcement of this section and may not issue a certificate of occupancy for the structure and other properties associated with the use of the structure until it meets the requirements of this section and all other applicable codes of the City of Beaumont. (6) Any interpretation of this section by the Building Official may be appealed to the Building Board of Adjustment in accordance with the ordinances applicable to such appeal. Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, orthe application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of February, 2004. - May 8r Evelyn M. Lord -