The text
Sec. 70-1. - Tampering with city-owned facilities.#
It shall be unlawful for any person to do, commit, or assist in committing any of the following things or acts in the city: (1)
Open or close any fire hydrant or stopcock connected with the waterworks system of the city, or to lift or remove the covers of any gate valves or shutoffs thereof, without the permission of the city manager or his designee, except in case of fire, and then under the direction of the officers of the fire department.
(2)
Interfere with, destroy, deface, impair, injure, or wantonly force open any gate or door, or in any way whatsoever destroy, injure, or deface any part of the engine house, reservoir, standpipe, elevated tank, buildings or appurtenances, fences, trees, shrubs, fixtures or property appertaining to the waterworks system.
(3)
Go upon or ascend the stairway or steps on any elevated water storage tank or standpipes of the waterworks system, except by the permission of the waterworks superintendent.
(4)
Place any telegraph, telephone, electric light poles, or any obstruction whatsoever within three feet of any fire hydrant.
(5)
Interfere with any reservoir, tank, fountain, hydrant, pipe, cock valve, or other apparatus pertaining to the waterworks system, or to turn off or on without the authority, the water in any hydrant or water fixture, or to hitch or tie any animal thereto.
(6)
Tamper with an electric meter in any way.
(Code 1979, ch. 1, § 16(A))
Sec. 70-2. - Entry of fire station without permission.#
It shall be unlawful for any person to enter the fire station or any building used to house firefighting apparatus that is subject to the current use in fighting fires without the permission of a duly authorized city official or member of the city fire department, providing that this shall not apply to any employee of the city when acting in their official capacity. It shall be unlawful for anyone to tamper with, deface, or in any way do anything whatsoever that will impair or interfere with efficient use of any apparatus used in fighting fires, or for the prevention of fires.
(Code 1979, ch. 1, § 16(B))
Cross reference— Fire prevention and protection, ch. 46.
Sec. 70-3. - Discharge of firearms.#
(a)
Generally. It shall be unlawful for any person to shoot or discharge any gun, pistol, shotgun, rifle, arrow with explosive tip or other firearm of any description within the city limits of the city.
(b)
Discharge into the city. It shall be unlawful for any person to shoot or discharge any gun, pistol, shotgun, rifle, arrow with explosive tip or other firearm of any description into, over or through the city limits.
(c)
Firing ranges. Subsections (a) and (b) shall not apply to:
(1)
The discharge of a firearm at a gunsmith's establishment or a shooting facility lawfully operating pursuant to a permit issued in accordance with state law, when the firearm is discharged at an approved firing line in the direction of the targets and such discharge is otherwise in accordance with all terms and conditions imposed as a condition of the issuance of any permit; or
(2)
The discharge of a firearm by any person exercising any right expressly or impliedly granted by the laws of this state or the laws of the United States, the exercise of which expressly or implied includes the discharging of firearms.
(d)
Air guns. Unless otherwise provided for herein, it shall be unlawful for any person to shoot or discharge an air gun, air rifle, BB gun, pellet gun, or similar instrument over or through the city limits.
(e)
Pneumatic tools excepted. Nothing contained herein shall be deemed to prohibit the use of pneumatic nail guns or similar construction tools.
(f)
Exception for charity or non-profit events. This section shall not apply to the discharge of a firearm or air gun at a charity or nonprofit event being conducted with the approval of the city manager or his/her designee.
(g)
Certain other exceptions.
(1)
Subsections (a) and (b) shall not apply if any such gun or rifle is discharged within an enclosed building or shooting gallery or within any building or shooting gallery specifically designed for such discharges so long as no projectile discharged from said gun or rifle leaves the said building or shooting gallery; and
(2)
Subsections (a), (b) and (h)(1) shall not apply to the discharge of BB, #2, #4, #6, #8, or smaller shot from a shotgun or air gun equal to or less than .177 caliber; provided that such shotgun or air gun is discharged:
a.
At a place or location that prevents the discharged projectile from crossing the boundary line of any other property; and
b.
On a tract of land that is 100 acres or more in size or multiple contiguous tracts of land that are owned by the same property owner and that when aggregated equal at least 100 acres; and
c.
On a tract of land that has an agricultural zoning designation; and
d.
By the owner, and/or guests of the owner of the land on which the shotgun or airgun is discharged.
(h)
Hunting and trapping. It shall be unlawful for any person within the city either on public or private property to do any of the following acts:
(1)
To knowingly shoot, kill or hunt any wild game on a tract of land less than 100 acres or multiple contiguous tracts of land that are owned by the same property owner and that when aggregated equal at least 100 acres, by any means other than a shotgun or airgun as provided for in subsection (g)(2).
(2)
To set a trap or to trap any animal by the use of a steel-jawed spring trap or any other type of trap that would be injurious to the animal or person; provided, however, that this provision shall not prohibit the trapping of mice and rats with conventional mousetraps.
(3)
City staff, authorized by the city manager to destroy wild animals, may discharge firearms on public property for the purpose of destroying wild animals including but not limited to, snakes, deer in the city municipal airport, skunks, wild pigs, armadillos, possums, and other wild animals. Further, city staff may discharge firearms within the city limits as authorized by state statute for the destruction of animals.
(i)
Administration. The city manager is authorized to develop administrative rules to facilitate the efficient implementation of this section and protect the best interest of the city.
(Ord. No. 96-8, §§ 1—7, 5-14-96; Ord. No. 96-8A, 6-25-96; Ord. No. 2003-15, §§ 2, 3, 9-16-03; Ord. No. 2003-19, §§ 2, 3, 11-10-03; Ord. No. 2015-28, § 1, 1-12-16)
Sec. 70-4. - Nudity.#
(a)
No person shall appear in a state of nudity in any public place or in an area viewable from a public place in the City of Burnet, Texas. No intentional conduct is required to be in violation as it is the protection of the public which is at issue in this section.
(b)
"Nudity" shall have the same definition as found in section 118-67 of this Code.
(c)
"Public place" includes, but is not limited to any place to which the public or a substantial group of the public has access, any public right-of-way (including roadways), public easements, and commercial property which caters to the general public.
(d)
It is an affirmative defense to prosecution of this section that a person accused of violating this section is:
(1)
Under the age ten; or
(2)
Was performing at a duly permitted adult cabaret as that term is defined by section 118-67 of this Code.
(e)
A violation of this offense is punishable as a class C misdemeanor.
(Ord. No. 2012-01, 1-24-12)