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HomeMy WebLinkAboutOrdinance No. 17ORDINANCE 0017 AN ORDINANCE DESIGNATING AND MAKIN3,7 UNLAWFUL CERTAIN OFFENSES IN THE CITY OF THE COLONY, TEXAS, CONTAINING A SAVING CLAUSE, A REPEALING CLAUSE, AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. BLASTING WITHOUT A PERMIT PROHIBITED Blasting or demolition with dynamite or any other explosive within the city is unlawful, except upon express permission of the City Council SECTION 2. DISCHARGING FIREARMS Discharging firearms prohibited: It shall be unlawful for any person to fire or discharge any gun, pistol, rifle, BB guns, air guns or other firearm of any description within the corporate limits of the city. Exception: This section shall not apply in the following instances: (a) When the firing is done in the necessary and lawful protection of the person, premises or property, unless such firing is recklessly or carelessly done. (b) When the firing is done in a shooting gallery or gunsmith's establishment and when such shooting gallery or gunsmith's establishment is properly fitted and arranged for the purpose so that no danger arises therefrom; provided, however, that no shotgun of any character, nor any pistol or rifle larger than twenty-two (.22) calibre shall be used in a shooting gallery, and that no shooting gallery shall be lawful in a gunsmith's establishment except in connection with the necessary repair of the firearm used. A "shooting gallery" must be indoors. SECTION 3. GATE CRASHING It shall be unlawful for any person to enter, or attempt to enter any theatre, football game, or other palce of public amusement when any exhibition, performance or enter- tainment is being given, or prior thereto, without paying the admission fee and without having the consent of the lessee, agent or manager of such place of public amusement. SECTION 4. LITTERING PUBLIC PROPERTY PROHIBITED It shall be unlawful for any person to throw, place, or deposit or cause to be thrown, placed, or deposited or suffer or permit his servant or any other person in his family to throw or deposit in any street, alley, gutter, ditch, lot or other place in this city, the carcass of any dead animal or fowl or any meat, fish, hides, skins, bones, offal, manure, fruit, vegetables, litter, debris, melon rinds, fruit peelings, slop, trash, or other unsound or offensive matter or matter liable to become offensive or injurious to the health of those who reside in the vicinity or allow any such substance to remain in or about or upon any premises owned or control- led by him, or to throw, place, or deposit or cause to be thrown, placed, or deposited or permit to suffer his servant or other persons in his family to throw, place, or deposit in any street, alley, gutter, ditch or other public place, or upon any lot or other premises. SECTION 5. MARKING OR DEFACING WINDOWS OR DOORS PROHIBITED It shall be unlawfull for any person to mark or deface any show or display window of any door or display window of any door or window of any building or vehicle not his own with soap or any other substance. SECTION 6. TRESPASS (a) Entry upon premises for unlawful purpose: It - 2 - shall be unlawful for any person to enter into the dwelling house or place of business of another, or upon the premises of another, for any unlawful purpose. (b) Entry upon premises without legal cause or excuse: It shall be unlawful for any person to enter upon the premises of any school ground, or upon any public or private pro- perty not his own, at nighttime or daytime, under suspicious circumstances, or for any person to enter into the dwelling house or upon the premises of another without legal cause or good reason or excuse. (c) Loitering: It shall be unlawful for any person to loiter about the property or on the premises of another without being able to give a good and lawful reason for his presence upon such property or premises. SECTION 7. VANDALISM It shall be unlawful for any person to wilfully injure, damage or destroy, or attempt to injure, damage or destroy, any property belonging to another or public property, of any kind whatsoever, without the consent of the owner or manager thereof, and lienholder, if any, thereon. SECTION 8. INDECENT EXPOSURE OR CONDUCT It shall be unlawful for any person to appear in any public place in a nude state or to make an indecent exposure of his or her person in a public place or to commit any lewd or indecent act in a public place. SECTION 9. INDECENT WRITING; PICTURES It shall be unlawful for any person to stick, brand, print, stamp or put any indecent or vulgar writing, words, - 3 - advertisement, bill, notice or picture upon any house, fence, wall, pavement, sidewalk or other public place within the city. SECTION 10. PROSTITUTES It shall be unlawful for any prostitute to appear and solicit upon any street, sidewalk or other public place within the city; or for any male person to appear upon any street, sidewalk or other public place in company with any prostitute not related to him; or for any hotel, boarding- house, rooming house or other place to keep or harbor any prostitute upon its premises. SECTION 11. LOITERING OR PROWLING It shall be unlawful for any person to loiter or prowl in a place, at a time, or in a manner not usual for lawa- biding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the actor takes flight upon appearance of a peace officer, refuses to identify himself, or manifestly endeavors to conceal himself or any object. Unless flight by the actor or other circum- stance makes it impracticable, a peace officer shall prior to any arrest for an offense under this section afford the actor an opportunity to dispel any alarm which would other- wise be warranted, by requesting him to identify himself and explain his presence and conduct. No person shall be con- victed of an offense under this section if the peace officer did not comply with the preceding sentence, or if it appears at trial that the explanation given by the actor was true and, if believed by the peace officer at the time, would - 4 - have dispelled the alarm. SECTION 12. SLEEPING OR LOUNGING IN PUBLIC PLACES It shall be unlawful for any person to sleep or lounge in or upon any public street, alley, highway, sidewalk, or other public building, without a proper permit. SECTION 13. CAMPING IN CITY PROHIBITED It shall be unlawful for any person, family or other group of persons to camp within the corporate limits of the city without a proper permit. SECTION 14. SPITTING IN PUBLIC PLACES PROHIBITED It shall be unlawful for any person to spit upon any sidewalk or upon any stairway or floor of any public building or other public place in the city. SECTION 15. DISTURBING AUDIENCES BY BOISTEROUS BEHAVIOR It shall be unlawful for any person to disturb the audience at any show, theater, public gathering, perform- ance, exhibition or any other lawful assembly or meeting by boisterous talking, whistling, stomping of feet or any rude or indecent act or conduct. SECTION 16. THE PLACING OF ADVERTISING ON PRIVATE OR PUBLIC PROPERTY The placing of advertising on private or public pro- perty, except with the permission of the owner, and except if same be in strict accordance with the zoning ordinance of the City of The Colony, Texas, shall be unlawful. SECTION 17. IMPERSONATING OR RESISTING AN OFFICER OR r" IXEMAN - 5 - The impersonation of a peace officer, officer of the city. or fireman or any resistance by an individual, firm or corpora- tion of such officer in the performance of their duties shall be unlawful. SECTION 18. ACCOSTING ANY FEMALE OR MALE The accosting of any female or male in any public place in the City of The Colony, Texas, shall be unlawful. SECTION 19. BATHING WITHOUT CUSTOMARY CLOTHING The bathing in any public place without customary clothing or covering in the City of The Colony, Texas, shall be unlawful. SECTION 20. AFFRAY The committment of or engagement in any affray in the CITY of The Colony, Texas, shall be unlawful. SECTION 21. FALSE FIRE OR POLICE ALARMS The giving of any false fire or police alarm in the City of The Colony, Texas, shall be unlawful. SECTION 22. PENALTY Any person, firm, corporation, or association, violating any provision of this Ordinance shall be deemed guilty of a misdemeanor, and shall upon conviction thereof, be fined in any sum not less than $1.00, nor more than $200.00, and each day, or each act that the violation continues, shall constitute a separate offense. SECTION 23. That if any section or part or portion of this Ordinance is in conflict with any law of the State of Texas, or is - 6 - hereafter adjudged invalid or unconstitutional by a Court of Competent Jurisdiction, such adjudication or conflict shall not affect the validity of this Ordinance as a whole, nor of any section or part thereof, not so adjudged invalid or unconstitutional, or in conflict with any Law of the State of Texas. All ordinances and parts of ordinances of the City that are in conflict herewith are hereby Repealed. SECTION 24. THIS ORDINANCE IS DECLARED TO BE FOR THE GENERAL WELFARE. PASSED AND APPROVED ON THIS THE �' DAY OF A.D., 1977. ATTEST: City, Secretary City of The Colony ( S E A L ) --y — llie 1-olony - 7 -