HomeMy WebLinkAboutOrdinance - 3368-1961 - Amending Chapter 19 Code Of Ordinances - 02/09/1961(5 -09-.j 9-{P t6.,../ ORDINANCE NO. 33o8
. <J"AN OR ANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES
OF THE TY OF LUBBOCK SO AS TO ADD THERETO SECTIONS PROHIBITING
THE VENDING, SELLING OR DISTRIBUTION OF EDIBLE FOODSTUFFS OR
BEVERAGES FROM TRUCI<S OR OTHER VEHICLES ON OR WITHIN THE PUBLI
STREETS OR STREET RIGHTS-OF-WAY WITHIN TWO HUNDRED (200) YARDS
OF ANY PUBLICt PRIVATE OR PAROCHIAL SCHOOL BUILDING. STRUCTURE.
GROUND CAMPUS, YARD OR PLAYGROUND, ON ANY DAY SUCH SCHOOL
FACILITIES ARE USED OR OCCUPIED BY STUDENTS ENGAGING IN EDUCA-
TIONAL OR SCHOLASTIC PURSUITS; PROVIDING EXCEPTIONS THERETO;
PROVIDING A PENALTY, AND PROVIDING FOR PUBLICATION AND AN EFFEC
TIVE DATE FOR THIS ORDINANCE.
WHEREAS, the presence of trucks and other motor vehicles va.nding, food,
drinks, candy and other edibles .and beverages on the streets and street rights-of-
way in the vicinity of the public schools have given rise to conditions detrimental
to the best interest of the citizens of Lubbock; and,
WHEREAS, the presence of such vending vehicles has enticed Lubbock school
children to and into the streets, thereby endangering the lives and safety of such
children, and creating traffic congestion and a traffic hazard; and,
WHEREAS, the sacks, napkins, wrappers and other debris discarded by the
consumers and vendors of such merchandise, and as are blown or fall from such
containers· as provided by the vendors, have created a serious sanitaiion and main
tenance problem on the school grounds and nearby .residential areas; and,
WHEREAS, the City Commission finds that the presence of such vending
vehicles at and near school grounds constitutes a traffic hazard and a health mena
and is contrary to the public interest, and that the prohibition of such activities
is necessary and essential to protect the li.Ves, safety, property and health of the
citizens of the City of Lubbock; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COMMlSSION OF THE CITY OF LUBBOCK:
SECTION 1. THAT Chapter 29 of the Code of Ordinances of the City of Lub-
bock, Texas, BE and the same....are hereby amended by the addition thereto of the
following sections which shall reaaas follows, to-wit:
"Sec,. 19-27. Selling on streets near schools; prohibited.
The vending, selling or distribution of edible foodstuffs or bever-
ages, including but not limited to sandwiches, soft drinks, candy,
ice cream and other milk products, from trucks or other motor
vehicles or from any other mobile vehicle or vending device or unit
no matter how propelled, on or within the public streets or street
rights-of-way within ·tw-o hundred (200) yards of any public, private
or parochial school, school ground, campus, yard or playground, on
any day such school facilities are occupied or used by students en-
gaged in educational or scholastic pursuits, is prohibited. 11
11Sec. 19-28. Same; exceptions.
The preceding section shall not apply to vending or delivery
vehicles used to transport or deliver such edible foodstuffs or
beverages fu>homes, school facilities or commercial or industrial
establishments within two hundred ya:tds of such school facilities,
when the foodstuffs or beverages so delivered ~re intended for con-
sumption or re-sale and are consumed or re-sold within the pre-mises to whic de · 11
SECTION 2. Any person, firm or corp<ll:'ation violating the provisions of
Section 1 of thisOrdinance shall be guilty of a misdemeanor and shall upon con-
victim1 thereof be fined in any sum not exceeding TWO HUNDRED ($200. 00)
DOLLARS.
SECTION 3. THAT the catchline for Article III, of Chapter 19 of the Gode of
Ordinances of the City of Lubbock, Texas, which now reads: ••Article Ill-Loafing
or Loitering Near Schools," BE, and the same is hereby amended to read hear-
after as follows: "Article III-Schools. 11 ·•
SECTION 4. The City Secretary shall cause the publication 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 ten (1 0) days after its
last publication.
AND IT IS SO ORDERED
Passed by the City Commission on first reading this 9th day of February •
1961. ---
Passed by the City Commission on second readi
1961.
___ day of ____ _
ATTEST: :?df_,4:
City Attorney
ORDINANCE
FIRST READING
ONLY
NO FINAL
PASSAGE