HomeMy WebLinkAboutOrdinance - 2828-1959 - Amending Chapter 26 Code Of Ordinances - 06/25/1959:;2-v-r p....r. " .!
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.ORDINANCE NO. 2826
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AN ORDINANCE AMENDING CHAPTER 2.6 OF THE "CODE OF ORDINANCES
CITY OF LUBBOCK;. TEXAS, __ rr SO AS TO MAKE IT AN OFFENSE FOR ANY PER
SON~ EITHER AS OWNER, LESSE.E~ EXHIBITOR OR AGENT-.. OR EMPLOYEE 0 t-
ANY OWNER, EXHIBITOR OR LESSEE TO PERMIT ANY MINOR TO PLAY ANY
MARBLE BOARD OR PIN BALL MACHINE WHICH IS OPERATED BY A UNITED
STATES COIN OR TOKEN; MAKING IT THE DUTY OF ANY PERSON IN CONTRO f.!
OF OR OPERATING ANY PLACE OF BUSINESS WHERE SUCH MACHINES ARE
EXffiBITED TO AFFIX ON EACH SUCH MARBLE BOARD OR PIN BALL MACH.:l'-1 ~
A SIGN READING "PLAY BY JUVENILE UNDER SEVENTEEN ( 1 7) NOT ALLOWE p
UNLESS ACCOMPANIED BY PARENT OR GUARDIAN OR BY WRITTEN PER-
MISSION OF PARENTS OR GUARDIAN"; PROVIDING A PENALTY~ DECLARING
A NUISANCE AND AUTHORIZING SUIT BY THE CITY ATTORNEY; REPEALING
ORDINANCE NO. 2772 OF CITY OF LUBBOCK AS FINALLY PASSED ON THE
14TH DAY OF MAY~ 1959; AND PROVIDING FOR PUBLICATION AND AN EFFEC tl'·
IVE DATE,;
)Jjl~t, 1 .j WHEREAS, minors frequent establislunents where marble boards or pin ball
_ machines are exhibited and used for play and lure the immature youths to spend
l~;_;_. t. l)fl' l their money in the play of such machines and participate in various forms of
· iN4 ·~·~1" gambli~g; and,
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. WHEREAS,. such exhibition and use of said marble boards and pin balls mach
ines contributes generally to the delinquency of the youths~ and the City Commiss·pn
is of the opinion that the hereinafter requirements are necessary for the general
public good and welfare; NOW THEREFORE: ·
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
SECTION 1. THAT Chapter 26 of the "Code of Ordinances~ City of Lubbock,
Texas, 11 by and the same is hereby amended by adding thereto the following, to be
designated ttArticle VI. Coin Operated Machines11:
Article VI. Coin Operated Machines
Sec. 26-44. Play by Minors prohibited.
It shall hereafter be unlawful, in the City of Lubbock,
for any person as owner, exhibitor~ lessee or agent or
employee of any owner~ exhibitor or lessee of a marble
board or pin ball machine that is operated by a United
States coin or token to permit any minor under the age of
seventeen (17) years old to play such marble board or
pin ball machine. For the purposes of this Article a mar-
ble board or pin ball machine is defined as any machine
or devise of skill or amusement where a: ball is propelled
by a plunger.
Sec. 2.6-45. Duty to affix sign.
It shall be the duty of any person in-control of or
operating any place of business where such machines are
exhibited to secure or fix a sign on each such machine a
sign to read: 11Play .bY Juvenile under seventeen (17) not
allowed unless accompanied by parent or Guardian or by
written permission of parents or Guardian".
Sec. 2.6-46. Penalty
Any person guilty of violating the provisions of Sec.
2.6-44 or Sec. 2.6-45 of this Article shall be guilty of a
misdemeanor and upon conviction, shall be fined not to
exceed TWO HUNDRED AND NO/ 100 ($2.00. 00) DOLLARS•
Sec. 2.6-47. Minor's representation of age no defense.
It shall be no defense to a prosecution for violation of
Section 2.6-44 of this Article that the person playing said
machine represented his age to be over -'seventeen-=(~ 7),
years.
Sec. 2.6-48. Public nuisance defined:!! suit to abate authorized.
Any p~rson guilty of violating the provisions of either
Section 2.6-44 or Section 2.6-45 of this Article shall be
deemed to be maintaining a public nuisance. The City
Attorney~ by written request of the City Manager, is
authorized to prosecute any and all suits when deemed
necessary or expedient, against any person to restrain
and abate the nuisances declared by this Section.
SECTION 2... This Ordinance shall never be construed as legalizing any mar-
ble board or pin ball machine which is in fact a gambling device and the purpose oj
this Ordinance is not to give legal sanction to any marble board or pin ball machin I I as such when played by adults.
I SECTION 3. THAT Ordinance No. 2.772. of the City of Lubbock as finall¥. pass d
on the 14th day of May, 1959, BE, and the same is hereby in all things repealed.
SECTION 4. The City Secretary is authorized and directed to cause the pub-
lication of this Ordinance once a week for two consecutive weeks in a newspaper
regularly published in the City of Lubbock, and this Ordinance shall become
effective immediately following its second publication.
AND IT IS SO ORDERED
____ ,
Passed by the Commission on first reading this 25th day o£_-=J~u~n:.::e:..._ ___ _.;
19 59 ..
Passed by the Conunission on second reading this 9th day of __ J;;..u.:;:;l:;.;Y~-----ll
19 59.
. .
avenia Low~,~~€etary-Treasurer
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