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O-321-11-80ORDINANCE NO. 321 AN ORDINANCE OF THE CITY OF ALLEN, TEXAS, MAKING IT UNLAWFUL, EXCEPT WHERE A SPECIAL PERMIT IS OBTAINED, FOR ANY PERSON TO FIRE OR SHOOT OR CAUSE TO BE FIRED OR SHOT ANY FIREARM, RIFLE, SHOTGUN, AUTOMATIC RIFLE, REVOLVER, PISTOL OR ANY WEAPON DESIGNATED FOR THE PURPOSE OF FIRING OR DISCHARGING A SHELL OR CARTRIDGE, WHETHER SUCH IS BLANK OR LIVE AMMUNITION, WITHIN THE CORPORATE LIMITS OF THE CITY; PROVIDING AN EXCEPTION FOR PEACE OFFICERS WHILE IN THE PERFORMANCE OF THEIR OFFICIAL DUTY; PROVIDING FOR THE ISSUANCE OF SPECIAL PERMITS; AND PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: SECTION 1. It shall be unlawful for any person to fire or shoot or cause to be fired or shot any firearm, rifle, shotgun, automatic rifle, revolver, pistol or any other weapon designated for the purpose of firing or discharging a shell or cartridge, whether such shell or cartridge is blank or live ammunition, or to fire, shoot, discharge or cause to be fired, shot or discharged any air rifle, air pistol, or pellet gun of any description, by whatever name known, that is capable of discharging a pellet or any solid object by means of compressed air, gas, springs or other means, within the corporate limits of the City of Allen, Texas. SECTION 2. Provided, however, that this Ordinance shall not apply to Police Officers while in the performance of their official duties. SECTION 3. Provided, however, this Ordinance shall not apply where a special permit has been obtained from the City. To secure such special permit, application must be made in writing to the Chief of Police, describing in detail the request of the applicant. Upon receipt of such request, the Chief of Police shall investigate said application. If the application is approved by the Chief of Police, he shall forthwith send to the applicant a letter setting forth the requirements or restrictions under which the permit will be granted. Should said application be disapproved, the Chief of Police shall also notify the applicant by letter. The applicant may appeal such ruling of the Chief of Police to the City Council within two (2) weeks from the date of receipt of such notice. SECTION 4. Any person violating any of the provisions of this Ordinance shall be a deemed guilty of a misdemeanor and upon conviction in Corporation Court shall be subject to a fine not to exceed Two Hundred Dollars ($200.00) for each offense. SECTION 5. That should any part or portion of this Ordinance be declared unconstitutional by a court of competent jurisdiction, it is expressly provided that the remaining portions of this Ordinance shall remain in full force and effect. SECTION 6. That this Ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Allen, and it is accordingly so ordained. PASSED AND APPROVED THIS THE aOd DAY OF , 1980. a M. . Pierson, Mayor ATTEST: anelle Dalsing, City Secretar APPROVED AS TO FORM: A. Don Crowder, City Attorney AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared BUDDY W. CAMPER, who having been by me duly sworn, on oath deposes and says: That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fre- quently than once a week, having a general circulation in said county, and having been published regularly and con- tinuously for more than twelve months prior to publishing of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on and which was issued on 1 ze�� 622a ,1 of Collin County, Texas. A printed copy of said publication SUBSCRIBED AND SWORN to before me this —� Publisher's Fee $� day of �5 �) , A.D. 19&) Notary Public in and for Collin County, Texas Ap rr �7 lq F0 NoNS 'I ORDINANCE NO. 321 A, Ordinance of the City of Allen, Texas, making It unlawful, excre a ept whe special permit Is obtained, for any person to fire or shoot or cause to to fired or i shoot any firearm, rifle, f shotgun; . automatic rifle, I revolver, pistol or any weapon designated for the purpose of firing or discharging a shell or car. I tridge, whether such is blank or live ammunition, I within the Corporate Llmlts of the City; providing an ex- I ception for peace officers while In the performance of their official.duty; providing for the Issuance of special permits; and providing for a penalty not to exceed two hundred dollars ($200,00) for each offense. . DULY ty Council oft by Clty of Allen, Texas, on the 20th day of November, 1980. -s-M.B. Pierson Mayo A ties: -s-Juanelle Dalsing, City Secretary (Published In the Allen American, ' Monday November 24 and Thursday, November 27, 1980),