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G-95-03-09-9D - 3/9/1995ORDINANCE NO. ?L5O3 -09- 9D AN ORDINANCE CORRECTING THE SECTION NUMBERING SYSTEM OF ORDINANCE NO. G -94-05-26-9A ADOPTING A JUVENILE CURFEW; OF ORDINANCE NO. G -94-12-22-9C PROVIDING A REWARD FOR INFORMATION LEADING TO THE ARREST AND PROSECUTION FOR COMMITTING CRIMINAL MISCHIEF; OF ORDINANCE NO. G -93-07-08-8B RELATED TO SHOOTING AND ARCHERY RANGES; AND ORDINANCE NO. G -94-01-13-8B RELATED TO PARKING REGULATIONS ON WONDER DRIVE; PROVIDING A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That Ordinance No. G -94-05-26-9A is hereby amended to correct the section numbering system set 1.2701 KS \ ORDINANCE OR50309D.2 DEFINITIONS (1) Curfew Hours means: (a) 12:01 a.m. Wednesday, (b) 1:00 a.m. Sunday. forth therein as follows: until 6:00 a.m. on any Monday, Tuesday, Thursday or Friday; and until 6:00 a.m. on any Saturday or (2) Emergency means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term 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 or loss of life. (3) Establishment means 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. (4) Guardian means: (a) A person who, under court order, is the guardian of the person of a minor; or (b) A public or private agency with whom a minor has been placed by a court. (5) Minor means any person under 17 years of age. (6) Operator means 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 the officers of a corporation. (7) Parent means a person who is: (a) A natural parent, adoptive parent, or step-parent of another person; or (b) At least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor. (8) Public Place means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops. (9) Remain means to: (a) Linger or stay; or (b) 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. (10) Serious Bodily Injury means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. 1 2702 OFFENSES (1) A minor commits an offense if he remains in any public place or on the premises of any establishment within the city during curfew hours. (2) A parent or guardian of a minor commits an offense if he knowingly permits, or by insufficient control allows, the minor to remain in any public place or on the premises of any establishment within the city during curfew hours. (3) The owner, operator, or any employee of an establishment commits an offense if he knowingly allows a minor to remain upon the premises of the establishment during curfew hours. 2. 1.2703 DEFENSES (1) It is a defense to prosecution under 1.2702 that the minor was: (a) Accompanied by the minor's parent or guardian; (b) On an errand at the direction of the minor's parent or guardian, without any detour or stop; (c) In a motor vehicle involved in interstate travel; (d) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop; (e) Involved in an emergency: (f) On the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor's presence; (g) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the City of Round Rock, Round Rock Independent School District, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the City of Round Rock, Round Rock Independent School District, a civic organization, or another similar entity that takes responsibility for the minor; (h) Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or (i) Married or had been married or had disabilities of minority removed in accordance with Chapter 31 of the Texas Family Code. (2) It is a defense to prosecution under 1.2702 that the owner, operator, or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave. 1.2704 ENFORCEMENT Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless 3. the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in 1.2703 is present. 1.2705 PENALTIES (1) A person who violates a provision of this chapter is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine not to exceed $500. (2) When required by Section 51.08 of the Texas Family Code, as amended, the municipal court shall waive original jurisdiction over a minor who violates 1.2702(1) of this section and shall refer the minor to juvenile court. II. That Ordinance No. G -94-12-22-9C is hereby amended to correct the section numbering system set forth therein as follows: SECTION 1.2900: REWARD FOR CRIMINAL MISCHIEF INFORMATION The City of Round Rock hereby offers a standing reward in an amount up to $200.00 to the person or persons who furnish information leading to the arrest and prosecution of any individual for committing the crime of Criminal Mischief, as provided for in Section 28.03 of the Texas Penal Code, as hereafter amended, within the city limits of the City of Round Rock. This reward is a standing offer, and shall be paid out of the general fund of the City of Round Rock, Texas. The Chief of Police of the City of Round Rock shall determine the amount of the reward, if any, to be paid to the person or persons furnishing the information. This offer for a reward shall not apply to any officer, employee, or agent of the City of Round Rock, or any other officer, employee, or agent of the State of Texas or political subdivision thereof, who provides information or makes an arrest in the discharge of official duties. The Chief of Police of the City of Round Rock is the sole judge of any dispute arising over the reward and the person or persons, if any, entitled to share in it, and his decision on any point connected with the reward will be final and conclusive. III. That Ordinance No. G -93-07-08-8B is hereby amended to correct the section numbering system set forth therein as follows: 4. SECTION 4.600 SHOOTING AND ARCHERY RANGES 4.601 DEFINITIONS For the purposes of this Section, the following words and phrases shall have the meanings respectively ascribed to them in this section: (1) Archery. The act, practice, or skill of shooting with bow and arrow. (2) Archery Range. A facility for the practice of archery, but not including an archery range where only toy bows and soft rubber tip arrows are used. (3) Building Official. The Chief Building Official or his or her designee. The City Manager may delegate duties and obligations of the Building Official pursuant to this Section to the Chief of Police, the Fire Chief, or such other city official as the City Manager may, in his or her sole discretion, determine to be capable of exercising some or all of the authority, duties, and obligations of the Building Official acting pursuant to this Section. (4) Firing Line. A designated area at an archery range or shooting facility designed and intended for use as the location from which persons may shoot arrows or discharge firearms in the direction of a target. (5) Firearm. A weapon capable of discharging a projectile by means of an explosive charge, including without limitation a rifle, pistol, shotgun or any other type of gun; but not including an air pistol or air rifle incapable of discharging a projectile at a muzzle speed in excess of 300 feet per second. (6) Shooting Facility. An area, either enclosed or out of doors, at which firearms are discharged at targets and which is designed so that projectiles fired from firearms at targets are prevented, by means of backstops or other barriers, from going beyond the boundaries of the area. 4.602 PERMIT REQUIRED It shall be unlawful for any person to conduct or operate, or to allow to be conducted or operated, on property under his or her ownership or control, an archery range or shooting facility unless such archery range or shooting facility is conducted and operated in accordance with a permit issued pursuant to this Section 4.600. 4.603 APPLICATION FOR PERMIT (1) Any person wishing to operate or conduct an archery range or shooting facility shall file a written 5. application for a permit to do so with the Building Official upon forms provided by the Building Official which shall include the following: (a) the name, mailing address, and telephone number of the applicant for the permit (including the names, addresses, and telephone numbers of all partners if the applicant is organized as a partnership and the names, addresses, and telephone numbers of all officers and directors of the corporation if the applicant is a corporation) and the business name, address, and telephone number of the proposed archery range or shooting facility; (b) plans drawn to scale and showing the location and dimensions of all improvements existing or to be constructed, specifically showing the location and dimensions of proposed firing lines and target areas and the location, design, and materials for the construction of backstops, baffles, and all other surfaces downrange from a firing line; (c) applications for all building permits required to construct any structures to be used in connection with the archery range or shooting facility; (d) for any shooting facility not located entirely inside a building, a site plan showing the existing and proposed topography of the land and all existing structures and uses of property located within (i) 1,200 yards downrange and a 20 degree outward angle from either end of a firing line for any firearms other than shotguns, or 300 yards downrange and a 20 degree outward angle from either end of a firing line for firearms other than shotguns on a baffled range, (ii) 300 yards downrange and 180 degrees on either side of any skeet launching facility at a skeet range for the exclusive use of shotguns, and (iii) 300 yards downrange and 110 degrees on either side of any trap launching facility at a trap range for the exclusive use of shotguns; (e) a complete and true copy of the proposed rules and regulations and operating procedures governing the use of such archery range or shooting facility and the proposed hours of operation; (f) evidence satisfactory to the Building Official of the applicant's ability to comply with the insurance requirement imposed by subsection (2) (f) of Section 4.604 below; (g) the name and address of every property owner of land located within 300 feet of the boundaries of the tract of land on which the archery range or shooting facility will be operated; and (h) any other information reasonably required by the Building Official to determine the safety of the archery range or shooting facility. (2) Upon the receipt of any application filed pursuant to subsection (1) above, the Building Official shall mail notice that such application has been filed by the applicant to the owners of all real property located within 300 feet of the boundaries of the tract of land on which the archery range or shooting facility will be operated. The applicant shall post notice in a form and at locations approved by the Building Official reasonably sufficient, in the discretion of the Building Official, to advise the public that an application has been filed pursuant to this Section 4.600. 4.604 ISSUANCE OF PERMIT (1) If the Building Official determines from the information provided in the application that the archery range or shooting facility will satisfy the specific requirements of subsection (2) below, the Building Official shall conditionally approve the permit for the archery range or shooting facility, subject to the completion of any improvements shown on the application in accordance with the approved plans and specifications. After inspecting the completed improvement and certifying that the criteria of subsection (2) have been satisfied, the Building Official shall issue the permit. Conditional approval of a permit under this section shall not be deemed or construed to constitute approval of any building or other permit required pursuant to there applicable ordinances of the City of Round Rock. (2) The application for a permit for an archery range or shooting facility shall demonstrate compliance with the following specific criteria: (a) Any archery range or shooting facility shall be designed and operated in a manner to prevent any arrow, bullet, or other projectile from traveling beyond the boundaries of such archery range or shooting facility. In reviewing the design of a shooting facility, the Building Official may consider range development guidelines promulgated by the National Rifle Association. (b) Any outdoor shooting facility at which firearms other than shotguns will be discharged shall be designed to prevent any projectile fired form the 7. firing line from initially striking any surface not designed to completely stop the projectile or prevent the occurrence of potentially dangerous ricochets. (c) The rules and regulations for the archery range or shooting facility shall be posted and maintained in a visible location at the archery range or shooting facility. (d) The rules and regulations for the archery range or shooting facility shall prohibit the possession or use of alcoholic beverages by persons on the firing line or the discharge of firearms by any person under the influence of alcohol. (e) The operating procedures for the archery range or shooting facility shall prohibit the use of any firing line at the facility except when the permit holder is present and supervising at such firing line to ensure compliance with the approved rules and regulations. (f) The applicant for a permit issued pursuant to this Section 4.600 shall obtain and maintain in effect during the operation of the archery range or shooting facility liability insurance coverage in a minimum amount of $300,000 per person and $500,000 per event. (3) Permits which are issued under this Section 4.600 shall recite that the issuance thereof does not constitute any assurance by the City of Round Rock, its employees, officers, or agents that injury may not result from the operation or use of the approved archery range or shooting facility. Permits shall be valid for a one year (1) period, and may contain such restrictions as to types of firearms and ammunition permitted to be discharged at a shooting facility, maintenance of improvements and safety equipment, rules and regulations governing the use of such facility, limitations on the times of operation, and other terms and conditions relating to the use and operation of the archery range or shooting facility as the Building Official may deem reasonably necessary to ensure the safety and welfare of the public, neighboring property owners, and persons using the archery range or shooting facility. 4.605 RIGHT OF APPEAL Any party aggrieved by a decision of the Building Official pursuant to this Section 4.600 may appeal that decision to the City Council by filing a written notice of the appeal specifically alleging the error of the Building Official with the City Secretary. The filing of an appeal shall not 8. stay the action or determination of the Building Official which is appealed. The City Council shall schedule a public hearing on the appeal within thirty (30) days following the date such appeal is filed and may uphold, reverse, or modify the decision of the Building Official at the conclusion of such public hearing. 4.606 PERMITS FOR GOVERNMENT AGENCIES Notwithstanding anything in this Section 4.600 to the contrary, a permit to operate an archery range or shooting facility shall be issued to any federal, state, or local governmental agency upon receipt of a certification from an authorized official of such agency that the archery range or shooting facility is under the control and management of the agency and is operated for the exclusive use of governmental employees. 4.607 APPLICABILITY TO EXISTING ARCHERY RANGES AND SHOOTING FACILITIES Any archery range or shooting facility otherwise in compliance with applicable ordinances as of the effective date of this Section, and any lawfully existing archery range or shooting facility annexed into the City subsequent to the effective date of this Section, may operate without the permit required by this Section for a period of forty- five (45) days. If application for the permit required by this Section is filed within such forty-five (45) day period, the archery range or shooting facility may continue operating without a permit for an additional forty-five (45) day period pending processing and conditional approval of a permit. If a permit is conditionally approved within such forty-five (45) day period and with the construction of improvements necessary to satisfy the shooting facility may continue operating without the issuance of a permit for an additional ninety (90) days. The Building Official may grant a single extension of up to sixty (60) days if the applicant is unable, with diligent effort to complete the improvements within the initial ninety (90) day period. Notwithstanding any other provision of the Round Rock City Code and without the issuance of a building, site development, or other permit which may otherwise be required, the Building Official may authorize the construction of improvements and site development on an existing archery range or shooting facility for the sole purpose of meeting the requirements imposed by 4.604(2). IV. That Ordinance No. G -94-01-13-8B is hereby amended to correct the numbering system set forth therein as follows: (14) on the west side of Wonder Drive from its intersection with Sam Bass Road to its intersection with Ledbetter Street. 9. V. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. READ, PASSED, and ADOPTED on first reading this day of , 1995. Alternative 2. READ and APPROVED on first reading this the day of , 1995. READ, APPROVED and ADOPTED on second reading this the day of , 1995. ATTEST: NE LAND, City Secretary 10. CHARLES C L gER, Mayor City of Round Rock, Texas ORDINANCE NO. AN ORDINANCE CORRECTING THE SECTION NUMBERING SYSTEM OF ORDINANCE NO. G -94-05-26-9A ADOPTING A JUVENILE CURFEW; OF ORDINANCE NO. G -94-12-22-9C PROVIDING A REWARD FOR INFORMATION LEADING TO THE ARREST AND PROSECUTION FOR COMMITTING CRIMINAL MISCHIEF; OF ORDINANCE NO. G -93-07-08-8B RELATED TO SHOOTING AND ARCHERY RANGES; AND ORDINANCE NO. G -94-01-13-8B RELATED TO PARKING REGULATIONS ON WONDER DRIVE; PROVIDING A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That Ordinance No. G -94-05-26-9A is hereby amended to correct the section numbering system set forth therein as follows: 1.2G01704 1;2DEFINITIONS (1) Curfew Hours means: (a) 12:01 a.m. until 6:00 a.m. on any Monday, Tuesday, Wednesday, Thursday or Friday; and (b) 1:00 a.m. until 6:00 a.m. on any Saturday or Sunday. (2) Emergency means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term 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 or loss of life. (3) Establishment means 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. (4) Guardian means: (a) A person who, under court order, is the guardian of the person of a minor; or KS \ ORDINANCE 0R50309D (b) A public or private agency with whom a minor has been placed by a court. (5) Minor means any person under 17 years of age. (6) Operator means 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 the officers of a corporation. (7) Parent means a person who is: (a) A natural parent, adoptive parent, or step-parent of another person; or (b) At least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor. (8) Public Place means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops. (9) Remain means to: (a) Linger or stay; or (b) 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. (10) Serious Bodily Injury means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. 1.2602 Lz210.i2 OFFENSES ...................... ...................... (1) A minor commits an offense if he remains in any public place or on the premises of any establishment within the city during curfew hours. (2) A parent or guardian of a minor commits an offense if he knowingly permits, or by insufficient control allows, the minor to remain in any public place or on the premises of any establishment within the city during curfew hours. (3) The owner, operator, or any employee of an establishment commits an offense if he knowingly allows a minor to remain upon the premises of the establishment during curfew hours. 2. 1.2CO3 `i ;;i ;03 DEFENSES ...................... (1) It is a defense to prosecution under 1.2G02'` that the minor was: (a) Accompanied by the minor's parent or guardian; (b) On an errand at the direction of the minor's parent or guardian, without any detour or stop; (c) In a motor vehicle involved in interstate travel; (d) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop; (e) Involved in an emergency: (f) On the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor's presence; (g) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the City of Round Rock, Round Rock Independent School District, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the City of Round Rock, Round Rock Independent School District, a civic organization, or another similar entity that takes responsibility for the minor; (h) Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or (i) Married or had been married or had disabilities of minority removed in accordance with Chapter 31 of the Texas Family Code. (2) It is a defense to prosecution under 1.2G02 >;27 that the owner, operator, or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave. 3. 1.2G01. ENFORCEMENT Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in 1.2CO3 ;1:2703 is present. 1.2G05 '1. 2705 PENALTIES (1) A person who violates a provision of this chapter is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine not to exceed $500. (2) When required by Section 51.08 of the Texas Family Code, as amended, the municipal court shall waive original jurisdiction over a minor who violates 1.2G02(1) 1.2702W of this section and shall refer the minor to juvenile court. II. That Ordinance No. G -94-12-22-9C is hereby amended to correct the section numbering system set forth therein as follows: SECTION 1.2800 900. REWARD FOR CRIMINAL MISCHIEF INFORMATION The City of Round Rock hereby offers a standing reward in an amount up to $200.00 to the person or persons who furnish information leading to the arrest and prosecution of any individual for committing the crime of Criminal Mischief, as provided for in Section 28.03 of the Texas Penal Code, as hereafter amended, within the city limits of the City of Round Rock. This reward is a standing offer, and shall be paid out of the general fund of the City of Round Rock, Texas. The Chief of Police of the City of Round Rock shall determine the amount of the reward, if any, to be paid to the person or persons furnishing the information. This offer for a reward shall not apply to any officer, employee, or agent of the City of Round Rock, or any other officer, employee, or agent of the State of Texas or political subdivision thereof, who provides information or makes an arrest in the discharge of official duties. The Chief of Police of the City of Round Rock is the sole judge of any dispute arising over the reward and the person or persons, if any, entitled to share in it, and his decision on any point connected with the reward will be final and conclusive. 4. III. That Ordinance No. G -93-07-08-8B is hereby amended to correct the section numbering system set forth therein as follows: SECTION 4.600 SHOOTING AND ARCHERY RANGES 4.601 DEFINITIONS For the purposes of this Section, the following words and phrases shall have the meanings respectively ascribed to them in this section: (1) Archery. The act, practice, or skill of shooting with bow and arrow. (2) Archery Range. A facility for the practice of archery, but not including an archery range where only toy bows and soft rubber tip arrows are used. (3) Building Official. The Chief Building Official or his or her designee. The City Manager may delegate duties and obligations of the Building Official pursuant to this Section to the Chief of Police, the Fire Chief, or such other city official as the City Manager may, in his or her sole discretion, determine to be capable of exercising some or all of the authority, duties, and obligations of the Building Official acting pursuant to this Section. (4) Firing Line. A designated area at an archery range or shooting facility designed and intended for use as the location from which persons may shoot arrows or discharge firearms in the direction of a target. (5) Firearm. A weapon capable of discharging a projectile by means of an explosive charge, including without limitation a rifle, pistol, shotgun or any other type of gun; but not including an air pistol or air rifle incapable of discharging a projectile at a muzzle speed in excess of 300 feet per second. (6) Shooting Facility. An area, either enclosed or out of doors, at which firearms are discharged at targets and which is designed so that projectiles fired from firearms at targets are prevented, by means of backstops or other barriers, from going beyond the boundaries of the area. 4.602 PERMIT REQUIRED It shall be unlawful for any person to conduct or operate, or to allow to be conducted or operated, on property under his or her ownership or control, an archery range or shooting facility unless such archery range or shooting 5. facility is conducted and operated in accordance with a permit issued pursuant to this Section 4.600. 4.603 APPLICATION FOR PERMIT (1) Any person wishing to operate or conduct an archery range or shooting facility shall file a written application for a permit to do so with the Building Official upon forms provided by the Building Official which shall include the following: (a) the name, mailing address, and telephone number of the applicant for the permit (including the names, addresses, and telephone numbers of all partners if the applicant is organized as a partnership and the names, addresses, and telephone numbers of all officers and directors of the corporation if the applicant is a corporation) and the business name, address, and telephone number of the proposed archery range or shooting facility; (b) plans drawn to scale and showing the location and dimensions of all improvements existing or to be constructed, specifically showing the location and dimensions of proposed firing lines and target areas and the location, design, and materials for the construction of backstops, baffles, and all other surfaces downrange from a firing line; (c) applications for all building permits required to construct any structures to be used in connection with the archery range or shooting facility; (d) for any shooting facility not located entirely inside a building, a site plan showing the existing and proposed topography of the land and all existing structures and uses of property located within (i) 1,200 yards downrange and a 20 degree outward angle from either end of a firing line for any firearms other than shotguns, or 300 yards downrange and a 20 degree outward angle from either end of a firing line for firearms other than shotguns on a baffled range, (ii) 300 yards downrange and 180 degrees on either side of any skeet launching facility at a skeet range for the exclusive use of shotguns, and (iii) 300 yards downrange and 110 degrees on either side of any trap launching facility at a trap range for the exclusive use of shotguns; (e) a complete and true copy of the proposed rules and regulations and operating procedures governing the use of such archery range or shooting facility and the proposed hours of operation; 6. (f) evidence satisfactory to the Building Official of the applicant's ability to comply with the insurance requirement imposed by subsection (2)(f) of Section 4.604 below; (g) the name and address of every property owner of land located within 300 feet of the boundaries of the tract of land on which the archery range or shooting facility will be operated; and (h) any other information reasonably required by the Building Official to determine the safety of the archery range or shooting facility. (2) Upon the receipt of any application filed pursuant to subsection (1) above, the Building Official shall mail notice that such application has been filed by the applicant to the owners of all real property located within 300 feet of the boundaries of the tract of land on which the archery range or shooting facility will be operated. The applicant shall post notice in a form and at locations approved by the Building Official reasonably sufficient, in the discretion of the Building Official, to advise the public that an application has been filed pursuant to this Section 4.600. 4.604 ISSUANCE OF PERMIT (1) If the Building Official determines from the information provided in the application that the archery range or shooting facility will satisfy the specific requirements of subsection (2) below, the Building Official shall conditionally approve the permit for the archery range or shooting facility, subject to the completion of any improvements shown on the application in accordance with the approved plans and specifications. After inspecting the completed improvement and certifying that the criteria of subsection (2) have been satisfied, the Building Official shall issue the permit. Conditional approval of a permit under this section shall not be deemed or construed to constitute approval of any building or other permit required pursuant to there applicable ordinances of the City of Round Rock. (2) The application for a permit for an archery range or shooting facility shall demonstrate compliance with the following specific criteria: (a) Any archery range or shooting facility shall be designed and operated in a manner to prevent any arrow, bullet, or other projectile from traveling beyond the boundaries of such archery range or shooting facility. In reviewing the design of a shooting facility, the Building Official may 7. consider range development guidelines promulgated by the National Rifle Association. (b) Any outdoor shooting facility at which firearms other than shotguns will be discharged shall be designed to prevent any projectile fired form the firing line from initially striking any surface not designed to completely stop the projectile or prevent the occurrence of potentially dangerous ricochets. (c) The rules and regulations for the archery range or shooting facility shall be posted and maintained in a visible location at the archery range or shooting facility. (d) The rules and regulations for the archery range or shooting facility shall prohibit the possession or use of alcoholic beverages by persons on the firing line or the discharge of firearms by any person under the influence of alcohol. (e) The operating procedures for the archery range or shooting facility shall prohibit the use of any firing line at the facility except when the permit holder is present and supervising at such firing line to ensure compliance with the approved rules and regulations. (f) The applicant for a permit issued pursuant to this Section 4.600 shall obtain and maintain in effect during the operation of the archery range or shooting facility liability insurance coverage in a minimum amount of $300,000 per person and $500,000 per event. (3) Permits which are issued under this Section 4.600 shall recite that the issuance thereof does not constitute any assurance by the City of Round Rock, its employees, officers, or agents that injury may not result from the operation or use of the approved archery range or shooting facility. Permits shall be valid for a one year (1) period, and may contain such restrictions as to types of firearms and ammunition permitted to be discharged at a shooting facility, maintenance of improvements and safety equipment, rules and regulations governing the use of such facility, limitations on the times of operation, and other terms and conditions relating to the use and operation of the archery range or shooting facility as the Building Official may deem reasonably necessary to ensure the safety and welfare of the public, neighboring property owners, and persons using the archery range or shooting facility. 1. 6 0 G 4 .G07 RIGHT OF APPEAL Any party aggrieved by a decision of the Building Official pursuant to this Section 4.600 may appeal that decision to the City Council by filing a written notice of the appeal specifically alleging the error of the Building Official with the City Secretary. The filing of an appeal shall not stay the action or determination of the Building Official which is appealed. The City Council shall schedule a public hearing on the appeal within thirty (30) days following the date such appeal is filed and may uphold, reverse, or modify the decision of the Building Official at the conclusion of such public hearing. 06 PERMITS FOR GOVERNMENT AGENCIES Notwithstanding anything in this Section 4.600 to the contrary, a permit to operate an archery range or shooting facility shall be issued to any federal, state, or local governmental agency upon receipt of a certification from an authorized official of such agency that the archery range or shooting facility is under the control and management of the agency and is operated for the exclusive use of governmental employees. 1.000 >_ ;0;"1;>;;;APPLICABILITY TO EXISTING ARCHERY RANGES AND SHOOTING FACILITIES Any archery range or shooting facility otherwise in compliance with applicable ordinances as of the effective date of this Section, and any lawfully existing archery range or shooting facility annexed into the City subsequent to the effective date of this Section, may operate without the permit required by this Section for a period of forty- five (45) days. If application for the permit required by this Section is filed within such forty-five (45) day period, the archery range or shooting facility may continue operating without a permit for an additional forty-five (45) day period pending processing and conditional approval of a permit. If a permit is conditionally approved within such forty-five (45) day period and with the construction of improvements necessary to satisfy the shooting facility may continue operating without the issuance of a permit for an additional ninety (90) days. The Building Official may grant a single extension of up to sixty (60) days if the applicant is unable, with diligent effort to complete the improvements within the initial ninety (90) day period. Notwithstanding any other provision of the Round Rock City Code and without the issuance of a building, site development, or other permit which may otherwise be required, the Building Official may authorize the construction of improvements and site development on an existing archery range or shooting facility for the sole purpose of meeting the requirements imposed by 4.604(2). 9. IV. That Ordinance No. G -94-01-13-8B is hereby amended to correct the numbering system set forth therein as follows: (11);<on the west side of Wonder Drive from its intersection with Sam Bass Road to its intersection with Ledbetter Street. V. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. READ, PASSED, and ADOPTED on first reading this day of , 1995. Alternative 2. READ and APPROVED on first reading this the day of , 1995. READ, APPROVED and ADOPTED on second reading this the day of , 1995. ATTEST: JOANNE LAND, City Secretary 10. CHARLES CULPEPPER, Mayor City of Round Rock, Texas DATE: March 7, 1995 SUBJECT: City Council Meeting, March 7, 1995 ITEM: 9.D. Consider an ordinance correcting the section numbering system of the following ordinances; G -94- 05-26-9A (Juvenile Curfew); G -94-12-22-9C (Reward for information for arrest for criminal mischief); G -93-07-08-8B (Archery Ranges); and G -94-01-13-8B (Parking on Wonder Drive). (First Reading) STAFF RESOURCE PERSON: Steve Sheets STAFF RECOMMENDATION: Adoption of the ordinance The Round Rock City Code has not been updated since March of 1992. For the past several months, the City Attorney's office has been working on updating the Code and has discovered that in adopting some recent ordinances, errors have been made in the section numbering system. This ordinance merely corrects these numbering errors in preparation for the adoption and publication of the 1995 Edition of the Code. The City Attorney's office now has the entire City Code on computer disk and future updates will be much easier to accomplish. In the future the Code will be updated on a quarterly basis and therefore numbering errors will be minimized.