HomeMy WebLinkAboutOrdinance - 2000-O0043 - Amending Sections Of The Code Of Ordinances - - 09/13/2000First Reading
August 24, 2000
Item No. 22
Second Reading
September 13, 2000
Item No. 17
ORDINANCE NO.2000-00043
AN ORDINANCE REPEALING OR AMENDING CERTAIN SECTIONS OF THE
CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WHICH HAVE
BECOME OBSOLETE, SUPERSEDED OR NOT LONGER NEEDED; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
WHEREAS, certain provisions of the Code of Ordinances of the City of Lubbock
have been superseded by other ordinances or state law or have become obsolete for other
reasons; and
WHEREAS, such provisions provide unnecessary verbiage and complexity to the
City of Lubbock Code of Ordinances; and
WHEREAS, the City Council deems it to be in the best interest of the health, safety
and welfare of the citizens of the City of Lubbock to repeal or amend such provisions of the
Code of Ordinances of the City of Lubbock; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the following enumerated sections and subsections of the Code
of Ordinances of the City of �ubbock, Texas, BE and are hereby repealed:
1) Section 2-13, pertaining to duties of the City Secretary. The City Secretary does
not perform this duty.
2) Subsection 2-14(d), pertaining to retaining the minutes of board and commission
meetings. This section has been superseded by state law.
3) Section 2-32, pertaining to the filing of claims against the City. This section is
inconsistent with Chapter 1, Article II, Sec. 8, of the Lubbock City Charter.
4) Section 2-59, pertaining to fees for birth and death records. The amount of such
fees are now set by the Bureau of Vital Statistics of the State of Texas.
5) Chapter 2, Article XIX, Sections 2-502, 2-503, 2-504, 2-505, 2-506, 2-507, 2-508
and 2-509, pertaining to the Water Resource Board. This Board has been inactive
for a number of years.
6) Chapter 2, Article XX, Sections 2-526, 2-527, 2-528, 2-529, and 2-530, pertaining
to the Tax Board of Equalization. This duty is now handled by Lubbock County
Tax Appraisal District.
7) Section 10-15, pertaining to an oath for emergency management personnel. This
provision is no longer required by state law.
8) Sections 16-88, 16-89 and 16-90 pertaining to Police Department accident reports.
These sections have been superseded by state law.
SECTION 2. THAT Subsection 24-71(e), Code of Ordinances, City of Lubbock,
Texas, is hereby amended to read as follows:
(e) Penalties and correction of deficiencies.
(1) Penalty. Any person who violates any provision of this section shall be
guilty of a misdemeanor and upon conviction shall be subject to a fine not
to exceed two hundred dollars ($200.00). Each day of such violation shall
constitute a separate offense. Said penalty is cumulative, and not
exclusive, of any other rights or remedies said city may have.
(2) Action by City to correct deficiencies. Any person who shall perform work
on or about a public right-of-way and who shall violate any provision
thereof or fail to comply with the barricade plan made a part of such
permit shall cause said work to be subject to a stop order under this section
or under the barricade plan or both.
In the event a stop order is issued by the traffic engineer and/or building
official, the person holding the permit and engaging in the work shall restore the work
area to its proper condition as called for in the barricade plan under this section, the
barricade manual and permit, upon demand by the city. In the event such is not done
as soon as possible and in no event within twelve (12) hours from receipt of notice to
do so, the city shall be authorized to and may, at its election, take charge of the work
and restore the premises to the condition called for in the barricade plan, permit and
barricade manual and shall be entitled to receive from the contractor the actual
expenses incurred by the city in so acting including, but not limited to, cost of labor,
materials, overhead and reasonable rental of any equipment used by the city in
restoring the site, and, for such purpose, the city shall have a right of action against
any bond in effect running from the holder of the permit to the city conditioned upon
the bond holder's compliance with the ordinances of the city in the performance of
such work.
SECTION 3. THAT Subsection 3-145(b), Code of Ordinances, City of Lubbock,
Texas, is hereby amended to read as follows:
(b) Exhibitors may apply a more restrictive rating, such as "PG," "PG-13,"
"R," or "NC-17" to any film exhibited by such exhibitor whenever the exhibitor feels
that the subject matter or scenes in the film warrant such change. However, exhibitors
shall not place a less restrictive rating on any film.
SECTION 4. THAT Section 3-146, Code of Ordinances, City of Lubbock, Texas, is
hereby amended to read as follows:
Sec. 3-146. Ratings Specified.
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The ratings to be given motion pictures exhibited in the city are:
(1) G, General Audiences, all ages admitted.
(2) PG, Parental Guidance Suggested, some material may not be suitable
for children.
(3) PG-13, Parents Strongly Cautioned, some material may be
inappropriate for children under 13.
(4) R, Restricted, under 17 requires accompanying parent or guardian.
(5) NC-17, No one 17 or under admitted.
SECTION 5. THAT Section 3-147, Code of Ordinances, City of Lubbock, Texas, is
hereby amended to read as follows:
Sec. 3-147. Films not rated by MPAA Board.
Motion picture films which were produced and released for viewing prior to
the establishment of the of the Motion Picture Association of America Board shall be
rated by the local theater manager exhibiting such films in accordance with the
Motion Picture Association of America Standards. Such rating shall be displayed in
the same manner as the ratings applied to films reviewed by the board. The failure of
a local theater manager to rate any film shall result in such film being considered an
"NC-17" rated film.
SECTION 6. THAT Section 3-149, Code of Ordinances, City of Lubbock, Texas, is
hereby amended to read as follows:
Sec. 3-149.Offenses.
(a) It shall be unlawful for any exhibitor or his employee:
(1) To exhibit any film which has not been rated as provided in this
article.
(2) To exhibit any film rated "PG," 6cPG-13," "R" of "NC-17" if any
current advertisement of such film by such exhibitor fails to state
clearly the rating of such film.
(3) To exhibit any film rated "PG," "PG-13", "R" or "NC-17" without
keeping such rating posted prominently in the box office and in
front of the theater building in which such film is being exhibited.
(4) To exhibit any film rated "R" or "NC-17" or any scene or scenes
from such a film, or from an unrated film, whether moving or still,
in the same theater and on the same program with a film rated "G,"
or to offer any scene or scenes from such a film to any person for
the purpose of exhibiting on a television screen before general
audiences; provided, however, any advertising preview or trailer
containing a scene or scenes from an unrated film or a film rated
"R" or "NC-17" may be shown at any time if such preview has
been separately rated "G" under the provisions of this article.
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(5) To permit any motion picture film, slide or exhibit rated "NC-17"
to be visible from any public street or highway within the city,
when such film is being shown or exhibited at any outdoor theater,
drive-in theater or any other location within the city, intending
hereby to prohibit such rated films, slides or exhibits from being
viewed by persons under eighteen (18) years of age occupying
such streets or highways.
(6) To sell or give any person under eighteen (18) years of age a ticket
for any film rated "NC-17," which ticket is used by such person
under eighteen (18) years of age to gain admittance to view such
rated film.
(7) To sell or give any person under seventeen (17) years of age a
ticket to any film rated "R," which ticket is used by such person
under seventeen (17) years of age to gain admittance to view such
rated film. The parent or guardian of a person under seventeen (17)
years of age must purchase the ticket for admission to view any
film rated "R."
(8) To permit any person under eighteen (18) years of age to view the
exhibition of any film rated "NC-17."
(9) To permit any person under seventeen (17) years of age to view the
exhibition of any film rated "R," unless such person under
seventeen (17) years of age is accompanied by a parent or
guardian.
(b) It shall be unlawful for any person under eighteen (18) years of age:
(1) To give his or her age falsely as eighteen (18) years of age or over
for the purpose of gaining admission to an exhibition of a film
rated "NC-17."
(2) To remain in the viewing room of any theater where a film rated
"NC-17" is being exhibited.
(c) It shall be unlawful for any person under seventeen (17) years of age:
(1) To give his or her age falsely as seventeen (17) years of age or over
for purpose of gaining admission to an exhibition of a film rated
«R "
(2) To remain in the viewing room of any theater where a film rated
"R" is being exhibited, unless such person under seventeen (17)
years of age is accompanied by a parent or guardian.
(3) To state falsely that a person is his or her guardian for the purpose
of gaining admittance to the exhibition of a film rated "R."
(d) It shall be unlawful for any person knowingly:
(1) To sell or give any person under eighteen (18) years of age a ticket
to an exhibition of a film rated "NC-17," which ticket is used by
such person under eighteen (18) years of age to view such film.
(2) To make any false statement for the purpose of enabling any
person under eighteen (18) years of aged to gain admittance to the
exhibition of a film rated "NC-17."
(3) To make any false statement for the purpose of enabling any
person under seventeen (17) years of age to gain admittance to the
exhibition of a film rated "R."
SECTION 7. THAT should any paragraph, section, sentence, phrase, clause or word
of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this
Ordinance shall not be affected thereby.
SECTION 8. THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption of this Ordinance as an alternative method of
publication provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 24th day of August , 2000.
Passed by the City Council on second reading this 13th- day of -September , 2000.
APPROVED AS TO CONTENT:
Richard Burdine, Assistant City Manager
APPROVED AS TO FORM:
e
'I6nald G. Vandiver First As$istant
City Attorney
ddord/Coderev.ord
July 27, 2000
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