HomeMy WebLinkAboutOrdinance No. 110-E ORDINANCE NO. 110E
AN ORDINANCE PRESCRIBING PENALTIES FOR
TRESPA5S; 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 AND
DECLARING AN EMERGENCY.
WHEREAS, no city ordinance presently exists prohibiting illegal
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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
Friendswood, therefore
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF
FRIENDSW OOD:
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 for any unlawful purpose.
Section II.
a
Entry after warning not to do so. It shall be unlawful for any per-
son to be found on the premises of another in the nighttime, under suspicious
circumstances, or, without legal cause, or good excuse, to enter the dwell-
ing, house or on the premises of another after having been warned not to do so.
Section III.
On school property - Definition, acts included. (a) School, as used
in Section IV includes any public, private or parochial nursery school, kinder-
garten, grade school, grammar school, high school, junior high school, col-
lege, university, or junior college, or any combination of two or more of the
foregoing.
(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
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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 of soliciting funds or property,
or of 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-
pelling any commercial 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 trans-
action of some bona fide business directly connected
with the op�ration 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. This paragraph shall be construed (but not by way
of limitation) to prohibit the use, by any person operat-
ing any such vehicle, of any school premises or roadway
as a mere passageway, but shall not be construed 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 same.
(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.
(6) The act or conduct of any person in possessing or wilfully
bringing upon any school premises any explosive firearm
or any dangerous weapon. This paragraph shall not apply
to peace officers, officials, employees and contractors of
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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. 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 nor
more than Two Hundred ($200. 00) Dollars.
Section V.
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 inde-
pendent provision and such holding shall not effect the validity of the re-
maining portions of this ordinance.
Section VI.
The city council hereby declares a public emergency to exist and
in order to protect the property and welfare of the citizens of the City of
Friendswood, this ordinance is hereby enacted upon first reading as an
emergency measure.
PASSED AND APPROVED AS AN EMERGENCY MEASURE THIS
j�.����, ,f, Y OF MAY, 1968. ��
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.�MI► Ralph omers- Mayor
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, ,C}ty,Sec�retary �-