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Nixa Police Department P.O Nixa Police Department P.O. Box 395 715 W. Center Circle Nixa, Missouri 65714 Emergency: 911 Office: 417-725-2510 Fax: 417-725-0915 To: Cindy Robbins, Jimmy Liles, City Council, Mayor Steele From: Chief Campbell Date: 04/07/2021 Subject: Revisions to ordinance 16-143 Use of Projectile weapons in the city limits During a review of ordinance 16-143 Use of Projectile Weapons in the City Limits it was discovered the ordinance was drafted in a manner which did not prohibit the general discharge of firearms inside the city limits. This effectively means a person could choose to discharge a firearm inside city limits if they did not violate other provisions of our projectile weapons ordinance or the associated unlawful use of weapon ordinance. Although our unlawful use of a weapon ordinance restricts the use of firearms in a variety of situations, there are circumstances when an individual, under the current drafting, could discharge firearms inside the city in accordance with these associated ordinances and still endanger others. As an example, under certain conditions an individual could legally shoot a firearm at a target on their property. In general, the discharge of a firearm in an urban or suburban environment creates the potential for harm unless substantial precautions are in place. The projectile weapon ordinance was recently revised to allow a variety of projectile weapons such as BB guns, bows, and airsoft guns to be used inside the city. However, there was never any intention to allow individuals to shoot firearms in the city limits. A simple amendment to the existing ordinance would correct this issue. Attached is a proposed revised ordinance which adds “or firearm” to the language of ordinance 16-143 Use of projectiles in the city limits. All other defined projectile weapons would still be allowed with this revision and the use of firearms would still be allowed in very limited situations, such as the defense of self or others, by law enforcement, and activities by the city such as the police firing range. Additionally, language would be removed that exempts any school from this ordinance. Originally, this was added to allow the school district to utilize air rifles for their ROTC program. Under the current ordinance, this exemption is not required. This ordinance is respectfully submitted for second reading. Thanks, Chief Campbell NPD Form 53 (01-2018) Letter Head Page 1 of 1 1 COUNCIL BILL NO. 2021- 037 ORDINANCE NO. 2 3 AN ORDINANCE OF THE COUNCIL OF THE CITY OF NIXA AMENDING 4 SECTION 16-143 OF THE CITY CODE TO PROHIBIT THE 5 GENERAL DISCHARGE OF FIREARMS WITHIN THE CITY. 6 _________________________ 7 8 WHEREAS, City Council, by passage of Ordinance No. 2104 and its approval by 9 the Mayor, modified section 16-143 of the Nixa City Code; and 10 11 WHEREAS, Ordinance No. 2104 modified section 16-143 of the Nixa City Code 12 to clarify what was permitted regarding the discharge of certain projectile weapons; and 13 14 WHEREAS, after a recent review of the text of section 16-143, staff discovered 15 that section no longer prohibited the general discharge of firearms within the City; and 16 17 WHEREAS, the City Council desires to further amend section 16-143 to prohibit 18 the general discharge of firearms within the City and to clarify certain other provisions of 19 said section. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 NIXA, AS FOLLOWS, THAT: 23 24 SECTION 1: Chapter 16, Article IV, Division 2, of the Nixa City Code is hereby 25 amended by repealing section 16-143 and adopting in lieu thereof a new section 16- 26 143, which said section shall read as follows: 27 28 (Note: Language to be added is underlined. Language to be removed is stricken.) 29 30 Sec. 16-143. - Use of projectile weapons or firearms in the city limits. 31 32 (a) No person shall shoot, fire or discharge a projectile weapon or firearm within the city 33 limits of the City of Nixa, or on any premises owned or controlled by the city, except 34 a person may shoot, fire or discharge a projectile weapon on private property with 35 the permission of the owner or occupant of such property, and under circumstances 36 when such projectile weapon can be fired, discharged or operated in such manner 37 as not to endanger any person or property, and in which the projectile's momentum 38 is incapable of traversing any grounds or space outside the limits of such private 39 property. 40 41 (b) This section shall not apply to the city police or other peace officers of the United 42 States or the State of Missouri in the discharge of their duty or when done in the 43 lawful use of force in the defense of person, property, or family. Nor shall this section 44 apply to persons who are engaged in a lawful act of defense pursuant to section 45 563.031 RSMo. This section shall not apply to the activities of the City. Nor shall this 46 section apply to activities by the city, or any school located in the limits of the City of 47 Nixa. 48 Page 1 of 2 49 SECTION 2: The City Attorney, when codifying the provisions of this Ordinance, 50 is authorized to provide for different section numbers, subsection numbers, and different 51 internal citation references than those provided herein when such section numbers, 52 subsection numbers, or internal citation references are in error or are contrary to the 53 intent of this Ordinance. 54 55 SECTION 3: Savings Clause. Nothing in this Ordinance shall be construed to 56 affect any suit or proceeding now pending in any court or any rights acquired, or liability 57 incurred nor any cause or causes of action occurred or existing, under any act or 58 ordinance repealed hereby. 59 60 SECTION 4: Severability Clause. If any section, subsection, sentence, clause, or 61 phrase of this Ordinance is for any reason held to be invalid, such decision shall not 62 affect the validity of the remaining portions of this Ordinance. The Council hereby 63 declares that it would have adopted the Ordinance and each section, subsection, 64 sentence, clause, or phrase thereof, irrespective of the fact that any one or more 65 sections, subsections, sentences, clause, or phrases be declared invalid. 66 67 SECTION 5: This Ordinance shall be in full force and effect from and after its 68 final passage by the City Council and after its approval by the Mayor, subject to the 69 provisions of section 3.11(g) of the City Charter. 70 71 72 ADOPTED BY THE COUNCIL OF THE CITY OF NIXA THIS 12TH DAY OF MARCH 73 2021. 74 75 76 ATTEST: 77 78 ________________________ __________________________ 79 CITY CLERK PRESIDING OFFICER 80 81 82 APPROVED BY THE MAYOR THIS ________ DAY OF ________________ 2021. 83 84 ATTEST: 85 86 ________________________ __________________________ 87 CITY CLERK MAYOR 88 89 APPROVED AS TO FORM: 90 91 ________________________ 92 CITY ATTORNEY Page 2 of 2 .
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