HomeMy WebLinkAboutOrdinance No. 110 ORDINANCE N0. 110
AN ORDINANCE PRESCRIBING PENALTIES FOR TRESPASS;
MAKING UNLAWFUL THE ENTRY OF ANY PERSON ON THE
PREMISES OF ANOTHER AT NIGHT, UNDER SUSPICIOUS
CIRCUMSTANCES; MAKING UNLAWFUL A TRESPASS UPON
SCHOOL PREMISES WITHIN THE CITY OF FRIENDSWOOD;
PROVIDING PENALTIES FOR THE FOREGOING
WHEREAS, no city ordinance presently exists prohibiting illegal
trespass by one person upon the property of another person; and
WHEREAS, an emergency exists requiring that such an ordinance be
enacted to protect the rights and property of citizens of the City of Friends-
wood, therefore
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD:
Section I.
Trespass - Entry for unlawful purpose. It shall be unlawful for any
person to enter into the dwelling house, place of business or upon the premises
of another or upon City owned property for any unlawful purpose.
Section II.
Entry after warning not to do so. It shall be unlawful for any
person to be found on the premises of another in the nighttime, under suspecious
circumstances; or, without legal cause, or good excuse, to enter the dwelling,
house or on the premises of another; or to make any entry as above stated in
Section I after having been warned not to do so regardless of the purpose for
entry.
Section III.
On school property - Definition, acts included. (a) School , as used
in Section IV includes any public, private or parochial nursery school , college,
university, or junior college, or any combination of two or more of the fore-
going.
(b) School premises, as used in Section IV means any real estate
used, occupied or in any manner dedicated to exclusive use or occupancy as a
school or as a part or appurtenance thereof, including but not limited to
buildings, dormitories and other structures, campuses, athletic fields, tennis
courts, walks and roadways, so used occupied or dedicated.
(c) Trespass, as used in Section IV shall include the meaning
ordinarily attributed to that term in law, but in any event, shall include
the following whether within such ordinary meaning or not:
(1) The act or conduct of any person in wilfully remaining
upon any school premises for the purpose or with the
intention of begging or soliciting funds or property,
or displaying or offering for sale or taking orders
for any services or goods, wares, merchandise or other
articles or whatever character, after such person has
been requested to leave such premises by the principal ,
president or other administrative head of such school
or an authorized representative.
(2) The act or conduct of any person in wilfully remaining
upon or failing or refusing to leave any such school
premises upon receiving a lawful request to do so from
the principal , president or other administrative head of
such school , or an authorized representative.
(3) The act or conduct of any person in operating or pro-
pe�ling any comrnercial motor vehicle on or through
the grounds or upon any roadway of any such school .
Provided, that this paragraph shall not apply to any
such act or conduct which has for its purpose the
transaction of some bona fide business directly connected
with the operation or objects of such school , nor to any
person operating such vehicle on school premises by in-
vitation of the principal , president or other administra-
tive head of such school or an authorized representative.
This paragraph shall be construed (but not by way of
limitation) to prohibit the use, by any person operating
any such vehicle, of any school premises or roadway as a
mere passageway, but shall not be co�strued to apply to
any roadway dedicated to public use generally.
(4) The act or conduct of any person in wilfully causing or
permitting any motor vehicle or other property or object
in the possession of or under the control of such person
to remain on any school premises after such person has
received from the principal , president, or other adminis-
trative head of such school , or any authorized representa-
tive, a lawful request to remove the sarr�.
(5) The act or conduct of any person in depositing or causing
to be deposited on any such school premises any trash,
rubbish, refuse, discarded articles or litter of any charac-
ter, except in places or receptacles provided or authorized
for such purpose by the principal , president or other admin-
istrative head of such school or an authorized representative.
(6) The act or conduct of any person in possessing or wilfully
bringing upon any school premises any explosive fireairm
or any dangerous weapon. This paragraph shall not apply
to peace officers, officials, employees and contractors of
such school , nor to any person lawfully resident on such
school premises.
Section IV.
The act prohibited. It shall hereafter be unlawful and constitute an
offense for any person to trespass on school premises, or any part thereof,
located within the corporate limits of the City.
Section V.
Any person or persons violating any section of this ordinance
shall be deemed guilty of a misdemeanor and shall be fined not less than One ($1 .00)
Dollar not more than Two Hundred ($200.00) Dollars.
Section VI.
If any section, sub-section, sentence, clause, phrase or portion
of this ordinance is for any reason held invalid or unconstitutional by any
Court of competent jurisdiction, such section, sub-section, sentence, clause,
phrase or portion shall be deemed separate, distinct and an independent pro-
vision and such holding shall not effect the validity of the remaining portions
of this ordinance.
PASSED AND APPROVED ON FIRST READING THIS 3�th DAY OF September
, 1968.
PASSED AND APPROVED ON SECOND READING THIS 7th DAY OF October
, 1968.
PASSED AND APPROVED AND FINALLY ADOPTED THIS 2�St DAY OF October
, 1968.
APPROVED:
Ralph W Some , Mayor
City of Friendswood, Texas
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