§ 13-41. Definitions.  


Latest version.
  • The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

    Air gun. Any gun, rifle or pistol, by whatever name known, which is designed to expel a projectile by the action of compressed air or gas, or by the action of a spring or elastic, but does not mean a firearm.

    Arrow. An "arrow" is defined as a long slender shaft which is the missile propelled by a bow.

    Bow. A "bow" is defined as a weapon made of a strip or strips of wood or other elastic material, with a cord to connect the two ends when bent, by means of which an arrow is propelled.

    Club. "Club" means an instrument that is specifically designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument, and includes but is not limited to the following:

    (1)

    Blackjack;

    (2)

    Night stick;

    (3)

    Mace;

    (4)

    Tomahawk.

    Dangerous weapon. A firearm or anything manifestly designed, made or adapted for the purpose of inflicting death or bodily injury, or anything that in the manner of its use or intended use is capable of causing death or bodily injury. For purposes of this article, the term "dangerous weapon" shall include, but not be limited to, firearms, illegal knives, clubs, air guns, bows and arrows, crossbows and slingshots.

    Firearm. "Firearm" means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. Firearm does not include a firearm that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by this article and that is:

    (1)

    An antique or curio firearm manufactured before 1899; or

    (2)

    A replica of an antique or curio firearm manufactured before 1899, but only if the replica does not use rim fire or center fire ammunition.

    Illegal knife. "Illegal knife" means a:

    (1)

    Knife with a blade over 5½ inches;

    (2)

    Hand instrument designed to cut or stab another by being thrown;

    (3)

    Dagger, including but not limited to a dirk, stiletto and poniard;

    (4)

    Bowie knife;

    (5)

    Sword; or

    (6)

    Spear.

    Knife. "Knife" means any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument.

    Minor. Any person under 18 years of age. That a person is a minor may be rebutted by proof that the person, although under 18 years of age, is or has been married or has had disability of minority removed for general purposes.

    Parent. Any person having the legal custody of a minor:

    (1)

    As a natural or adoptive parent,

    (2)

    As a legal guardian,

    (3)

    As a person who stands in loco parentis, or

    (4)

    As a person to whom legal custody has been given by court order.

    Park. A park, reservation, playground, recreation center or any area in the city owned or used by the city and devoted to active or passive recreation, including all planted medians, parkways, triangles and traffic circles maintained by the city.

    Parking lot. An area, whether paved or unpaved, whether public or private, used or intended to be used for the storage or parking of vehicles.

    Public place. 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.

    Street. A way or place, of whatever nature, open to the use of the public as a matter of right for purposes of vehicular travel or in the case of a sidewalk thereof for pedestrian travel. The term "street" includes the legal right-of-way, including but not limited to traffic lanes, curbs, sidewalks, whether paved or unpaved, and any grass plots or other grounds found within the legal right-of-way of a street. The term "street" applies irrespective of what it is called or formally named, whether alley, avenue, court, road or otherwise.

    Year of age. Continues from one birthday, such as the 16th to (but not including the day of) the next, such as the 17th birthday.

(Ord. No. 409, § 2, 3-17-1986; Code 1983, § 13-41)

State law reference

Similar provisions, V.T.C.A., Penal Code § 46.01.