HomeMy WebLinkAboutOrdinance - 2012-O0084 - Amending Chapter 14 Outdated And Unnessary Provisions - 08/09/2012First Reading
August 9, 2012
Hem No, 5.5
ORDINANCE NO. 2012-0 0084 -------
Second Reading
August 23, 2012
Item No. 5.2
AN ORDINANCE AMENDING CHAPTER 14 (OFFENSES AND OTHER
PROVISIONS) OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK,
TEXAS, WITH REGARD TO REPEALING OUTDATED AND UNNECESSARY
PROVISIONS. AMENDING PROVISIONS TO ENCOMPASS CURRENT
PRACTICES. AND CONFORMING THE ORDINANCE TO THE STANDARDS AND
CONVENTIONS OF THE REST OF 1HE CODE OF ORDINANCES; PROVIDING A
PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
WHEREAS, the City Council of the City of Lubbock, Texas finds and determines that it
is in the best interest of the citizens of the City of Lubbock to make the following
amendments to Chapter 14 (Offenses and Other Provisions) of the Code of Ordinances of
the City of Lubbock, Texas; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT, Chapter 14 (Offenses and Other Provisions) of the
Code of Ordinances, City of Lubbock, Texas, is hereby repealed and the following
provisions are enacted in its place and stead:
ARTICLE 14.01 GENERAL PROVISIONS
Sec. 14.01.001 Definitions
For the purpose of this chapter, the following phrases, words and their derivatives shall
be construed as defined in this section. All other words shall have their usual meaning.
Whenever a public official is referred to by only the title of his office, such reference
shall be construed as if followed by the words "of the City of Lubbock or his authorized
deputy," unless the context indicates otherwise:
Adult. Any person who is eighteen (18) years of age or older.
Ambient sound level. The sound level of the all-encompassing sound associated with a
given environment, being usually a composite of sounds from many sources.
Ammunition. The cartridge, including a projectile, propellant and primer, suitable for the
discharge of a firearm.
Child-care facility. A facility licensed or certified by the Department of Human Services
to provide assessment, care, training. education, custody, treatment, or supervision for a
child who is not related by blood. marriage or adoption to the owner or operator of the
facility, for all or part of the 24-hour day, whether or not the facility is operated for profit
or charges for the services it offers.
City. The City of Lubbock or an authorized representative of the city.
City manager. The city manager or his or her designee.
City secretary. The city secretary or his or her designee.
Doy-care center. A child-care facility that provides care for more than 12 children less
than 14 years of age for less than 24 hours a day.
Device. Any mechanism which is intended to produce, or which actually produces, noise
when operated or handled.
Emergency vehicle. A motor vehicle used in response to a public calamity or to protect
persons or property from an imminent danger.
Emergency work. Work made necessary to restore property to a safe condition following
a public calamity, work to restore public utilities or work required to protect persons or
property from an imminent danger.
Establishment. Any privately owned place of business carried on for a profit or any place
of amusement or entertainment to which the public is invited.
Firearm. Any operable device designed, made or adapted to propel a projectile through a
barrel by using the energy generated by an explosive or flammable substance.
Juvenile. Any person under the age of seventeen (17) years of age, or, in equivalent
phrasing, any person of the age of sixteen (16) years old or younger.
Minor. Any person under the age of seventeen ( 17) years of age, or, in equivalent
phrasing, any person of the age of sixteen (16) years old or younger.
Motor vehicle. Any vehicle propelled by mechanical power such as, but not limited to.
any passenger car, truck, truck-trailer, semitrailer, camper, motorcycle, minibike, go-cart,
dune buggy, or racing vehicle.
]llfuf{ler. Any apparatus consisting of baffles, chambers or acoustical absorbing material
whose primary purpose is to transmit liquids or gases while causing a significant
reduction to sound emission.
Noise. Any sound which:
( l) Endangers or injures the safety or health of any person;
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(2) Is unwanted and causes or tends to cause annoyance or disturbance to a
reasonable person of ordinary sensibilities; or
(3) Invades, endangers, injures, or negatively affects personal or real property.
Operator. Any individual, firm, association, partnership, or corporation operating,
managing, or conducting any establishment; and whenever used in any clause prescribing
a penalty. the term as applied to associations or partnerships shall include the members or
partners thereof and as applied to corporations shall include the officers thereof.
Parent. Any natural parent of a juvenile, a legal guardian, or any adult person, eighteen
(18) years or older, in whose care the juvenile has been placed by the natural parent or
legal guardian.
Person. Any individual, finn, association, partnership, corporation, or any other entity.
public or private.
Pipe. Any device designed for the burning of any substance and for the inhalation of its
smoke.
Private school. A private school, including a parochial school, that:
(1) Offers a course of instruction for students in one or more grades from
kindergarten through grade 12; and
(2) Has more than 100 students enrolled and attending courses at a single location.
Propertv boundary. An imaginary line at the ground surface and its vertical extension
which separates the real property owned or occupied by one person from that owned or
occupied by another person.
Public place. Any public street, highway, road, alley, park, playground, public building,
parkway, or vacant lot.
Public right-of.-wav. Any street, avenue, boulevard, highway, alley or similar place
which is owned or controlled by a public governmental entity.
Public service work. Work conducted by a governmental entity in the interest of the
community.
Remain. To stay behind, to tarry and stay unnecessarily upon a public place, including
congregating in groups totaling four (4) or more juveniles in which any minor included
would not be using the public place for an ordinary or serious purpose such as passage or
going home.
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Sound. A temporal and spatial oscillation in pressure, or other physical quantity in a
medium with internal forces that causes compression and rarefaction of that medium, and
which propagates at finite speed to distant points.
Stationary sound source. Any device, fixed or movable, which is located or used on
property other than a public right-of-way.
Time of night. The prevailing local standard of time at the date in question, whether
Central Standard Time or Central Daylight Saving Time, as observed by the public. The
time maintained by the Lubbock Police Department shall be prima facie evidence of the
time of day for continued implementation of this division.
Vibration. A temporal and spatial oscillation of displacement, velocity or acceleration in
a solid material.
Vibration perception threshold. The minimum ground-or structure-borne vibrational
motion necessary to cause a person to be aware of the vibration by such direct means as.
but not limited to, sensation by touch or visual observation of moving objects.
Year of age. This term means the time from one birthday, such as the sixteenth. to the
next, but not including the day of the next birthday. Thus, upon a person"s seventeenth
birthday, he or she will cease to be a juvenile regulated by Article 14.03, division 2.
Sec.14.01.002 Presumption as to owner, occupant of property or vehicle in
violation
(I) The occupant of any premises upon which a violation of this code or any
ordinance is apparent, the owner of any object or material placed or remaining
anywhere in violation of this code or any ordinance and the occupant of any
premises served by an excavation or structure illegally made or erected shall be
deemed prima facie responsible for the violation so evidenced and subject to the
penalty provided.
(2) The fact that a motor vehicle which is illegally parked is registered in the name of
a person shall be considered prima facie proof that such person was in control of
the automobile at the time of such parking.
(3) The fact that a vehicle used to haul garbage, rubbish, refuse or other waste matter
arrives at a city landfill in an uncovered condition shall be considered prima facie
proof that the registered owner was responsible for the vehicle not having its load
covered so as to prevent the loss or discharge of such waste matter.
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Sec.14.01.003 Abandonment of iceboxes and other airtight containers
It shall be unlawful for any person to leave outside of any building or dwelling, in a place
accessible to children, any abandoned, unattended or discarded icebox, refrigerator or any
other container of any kind which has an airtight door or a lock which may not be
released for opening from the inside, or to so leave such an icebox, refrigerator or other
container which has an airtight snap lock or other device thereon, without first removing
the snap lock or doors.
Sec. 14.01.004 Loitering, loafing near schools
It shall be unlawful for any person, during school hours or during the time pupils are
gathering at school or leaving school, to loaf or loiter on the streets, alleys, sidewalks or
any other public place, or in any building or structure open to the public, within two
hundred fifty (250) yards of any public, private or parochial school including but not
limited to wriversities, colleges, high schools, junior high schools or elementary schools,
or any combination thereof, or within two hundred fifty (250) yards of 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.
campuses, athletic fields, tennis courts and playgrounds, for the purpose of attracting,
enticing or luring any school child or children to engage in truancy or to commit,
participate in or view any immoral or unlawful act.
Sec. 14.01.005 Peeping Toms
It shall be unlawful for any person to prowl, loiter, enter into or go near or about the
premises of another, without the express or implied invitation and consent of the
occupant, or to go near or about the residence, room, house, hotel, tourist cabin, business
house, or other building or place of abode on such premises, thereby invading the privacy
of the occupants, for the purpose of, or by, peeping, spying, or looking therein.
Sec. 14.01.006 Trespass
It shall be unlawful for any person to prowl, loiter, enter into or go about the premises of
another. without the invitation or consent, either express or implied, of any occupant of
any room, house, hotel, tourist cabin, business house, or other buildings on or near the
premises, and such a person shall be guilty of trespassing.
Sec. 14.01.007 Alcoholic beverages-Sale near church, school or hospital
(l) It shall be unlawful for any person to sell or engage in the business of selling any
alcoholic beverage where such place of business is located within three hundred
(300) feet of any church, public or private school or public hospital. Provided, that
this section shall not apply to any dealer whose place of business is within three
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hundred (300) feet of any church, public or private school or public hospital as of
the date of the adoption of this section, or to any of their successors.
(2) The measurement of the distance between the place of business where alcoholic
beverages are sold and the church or public hospital shall be along the property
lines of the street fronts and from front door to front door, and in direct line across
intersections. The measurement of the distance between the places of business
where alcoholic beverages are sold and the public or private school shall be:
(a) In a direct line from the property line of the public or private school to the
property line of the place of business, and in a direct line across
intersections; or
(b) If the permit or license holder is located on or above the fifth story of a
multistory building, in a direct line from the property line of the public or
private school to the property line of the place of business, in a direct line
across intersections, and vertically up the building at the property line to the
base of the floor on which the permit or license holder is located.
(3) A permit or license holder under chapters 25 (wine and beer retailer's permit). 28
(mixed beverage permit), 32 (private club registration pennit), 69 (retail dealer's
on-premise license), or 74 (brewpub license) of the Texas Alcoholic Beverage
Code who does not hold a food and beverage certificate may not sell or engage in
the business of selling an alcoholic beverage at a place of business located within
300 feet of a day-care center or child-care facility. This section does not apply to a
permit or license holder who sells alcoholic beverages if:
(a) The permit or license holder and the day-care center or child-care facility
are located on different stories of a multistory building; or
(b) The permit or license holder and the day-care center or child-care facility
are located in separate buildings and either the permit or license holder or
the day-care center or child-care facility is located on the second story or
higher of a multistory building.
( 4) If at the time an original alcoholic beverage permit or license is granted for a
premises> the premises satisfies the requirements regarding distance from schools,
churches, and hospitals, the premises shall be deemed to satisfy the distance
requirements for all subsequent renewals of the license or permit.
( 5) On the sale or transfer of the premises or the business on the premises in which a
new original license or permit is required for the premises. the premises shall be
deemed to satisfy any distance requirements as if the issuance of the new original
permit or license were a renewal of a previously held permit or licensed.
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( 6) A violation of any provision of this section by any person shall be deemed a
misdemeanor punishable in accordance with section 1.01 .004 of this code.
Sec.14.01.008 Same-Time of consumption, service or possession
(1) It shall be unlawful for any person to consume, or possess for consuming, any
alcoholic beverage in any public place within the city at any time on Sunday
between the hours of 2: 15 a.m. and I 2:00 noon and on all other days at any time
between the hours of2:15 a.m. and 7:00 a.m. Provided, however, any private club
which causes, permits and allows service and consumption of alcoholic beverages
on its premises during the additional hours authorized above must comply with
the statutes of the state and the regulations of the Texas Alcoholic Beverage
Commission, particularly the provision requiring the securing of a private club
late hours permit.
(2) The violation of any provision of this section shall be deemed a misdemeanor,
and, upon conviction thereof, punishment shall be a fine not to exceed the
maximum imposed by the Alcoholic Beverage Code or any amendments thereto,
which maximum fine is now fifty dollars ($50.00).
Sec. 14.01.009 Curfew for specific city property
(I) As used in this section, the following words shall have the meaning ascribed
herein:
City Hall. The grounds including and surrounding the City Hall Building (1625 13th
Street) in Lubbock, Texas, that are contained within the following boundaries, including
the east par.king lot adjacent to the City Hall Building:
(a) A 2.56 acre tract of land out of Lot C, G. A. Rush Addition to the City of
Lubbock, Lubbock County, Texas, and being more particularly described as
follows:
(i) Beginning at a found "x" on concrete for the northwest comer of
this tract, also being the northwest comer of Lot C, G. A. Rush
Addition to the City of Lubbock, Lubbock County, Texas;
(ii) Thence east, 345.0 feet to a found railroad spike, for a comer of
this tract;
(iii) Thence north, 0.6 feet to a found railroad spike. for a comer of this
tract;
(iv) Thence east, 25.0 feet to a found railroad spike, for a comer of this
tract;
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(v) Thence south, l 04.0 feet to a found railroad spike. for a corner of
this tract;
(vi) Thence east, 150.0 feet to a found "x" on concrete, for the south-
northeast comer of this tract;
(vii) Thence south, 178.0 feet to a railroad spike, set for the southeast
comer of this tract;
(viii) Thence west, 292.0 feet to a railroad spike, set for a corner of this
tract;
(ix) Thence north, 81. 7 feet to a point on building wall, for a comer of
th.is tract, an "x" on concrete bears east, 0.4 feet;
(x) Thence west, 216.0 feet to an "x" on concrete, set for a corner of
this tract;
(xi) Thence north, 27. 7 feet to an "x" on concrete, set for a comer of
this tract;
(xii) Thence west, 12.0 feet to an "x" on concrete, set for the southwest
corner of this tract;
(xiii) Thence north, 172.0 feet to the point of beginning.
Groves Branch Library. The grounds including and surrounding the Groves Branch
Library Building (5520 19th Street) described as Lot One (1), West Lubbock Library
Branch, an addition to the City of Lubbock, Lubbock County, Texas.
Lubbock Business Center. The grounds including and surrounding the Lubbock Business
Center Building (1301 Broadway) in Lubbock, Texas, that are contained within the
following boundaries:
(a) Beginning at the intersection of 13th Street and Avenue M;
(b) North on Avenue Mto Broadway;
( c) East on Broadway to A venue L;
( d) South on A venue L to 13th Street;
( e) West on 13th Street to A venue M to the point of beginning.
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Lubbock Memorial Civic Center/Mahon Public Library Complex. The grounds including
and surrounding the Lubbock Memorial Civic Center (1501 Mac Davis Lane) and the
Mahon Public Library ( 1306 9th Street) in Lubbock, Texas, that are contained within the
following boundaries:
(a) Beginning at the intersection of 9th Street and Avenue O;
(b) North on A venue O to Mac Davis Lane;
(c) East on Mac Davis Lane to Avenue K;
( d) South on A venue K approximately 56 7-1 /2 feet to A venue L:
(e) Southwesterly on Avenue L to 9th Street;
(f) West on 9th Street to A venue O to the point of beginning.
Included in this definition are:
(a) The parking lot north of the above-described property (1400 Mac Davis
Lane) described as Lot One (1), Block One (1), Memorial Center Addition
to the City of Lubbock, Lubbock County, Texas; and
(b) The parking lot southeast of the Mahon Public Library (901 A venue K)
contained within the following boundaries:
(i) Beginning at the intersection of 10th Street and A venue L;
(ii) North on Avenue L to 9th Street;
(iii) East on 9th Street to A venue K;
(iv) South on Avenue K to 10th Street;
(v) West on 10th Street to Avenue L to the point of beginning.
Patterson Branch Library. The grounds including and surrounding the Patterson Branch
Library Building (1836 Parkway) described as Lot One (1), East Lubbock Library
Branch, an addition to the City of Lubbock, Lubbock County, Texas.
(2) The following city property will be closed to the public each day from 12:00
midnight until 5:00 a.m.:
(a) Lubbock Memorial Civic Center/Mahon Public Library Complex;
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(b) Groves Branch Library;
( c) Patterson Branch Library;
(d) City Hall; and
(e) Lubbock Business Center.
(3) A person commits an offense if he is on the premises of a city property designated
in subsection (2) during hours in which the property is closed. The definition of
the offense set forth herein plainly dispenses with any culpable mental state or
mental element.
(4) A person shall not be in violation of subsection (3) if that person is:
(a) Attending or working at a meeting, special event, activity, convention. or
program that was being conducted with city authorization on the city
property or subsequently leaving the meeting, special event, activity,
convention, or program within a reasonable time after it had ended for the
day;
(b) On the city property in accordance with the terms of a lease, rental
agreement, contract, or other written permission from the city; or
(c) A city employee or a law enforcement officer in the performance of official
duties.
ARTICLE 14.02 FIREARMS AND WEAPONS
Sec. 14.02.001 Carrying of certain weapons
(1) Prohibited. It shall be unlawful for any person within the city to carry on or about
his person any pellet gun, air rifle or air pistol of any description, by whatever
name known, that, by means of compressed air, compressed gas, springs or any
other means, is capable of discharging shots, pellets or any other solid object a
distance of fifty (50) feet or more.
(2) Exceptions. Subsection (1) shall not apply to a person on his own premises or
place of business or on the premises or place of business of another with the
latter's permission or consent, nor to a person transporting such weapon by a
reasonably direct route between any two (2) locations where possession is lawful
under this section.
Sec. 14.02.002 Discharge of firearms
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It shall be unlawful for any person to discharge any gun, pistol or other firearm of any
description within the corporate limits of the city, except in case of urgent necessity;
provided, however, this prohibition shall not apply to persons operating a public or
private shooting gallery under unrevoked permit issued by the chief of police.
Sec. 14.02.003 Discharge of firearms by minors
(1) The purpose of this section is to prevent the discharge of firearms within the City
of Lubbock by encouraging parents to provide firearms safety education and
training of children and to prevent unsupervised access to firearms and
ammunition by children to reduce the possibility of accidental or inadvertent
discharges of firearms by children so as to prevent the tragedies that may result
from those discharges.
(2) It shall be unlawful for a child to intentionally, knowingly, recklessly or with
criminal negligence to discharge a firearm within the city. As used in this section,
Child means any person who is younger than eighteen (18) years of age.
(3) It shall be unlawful for any adult intentionally, knowingly, recklessly or with
criminal negligence to facilitate, suffer or permit a child to obtain unsupervised
access to a firearm and/or ammunition which could result in the discharge of said
firearm by said child.
ARTICLE 14.03 MINORS:
Division 1. Generally
Sec. 14.03.001 Sale of certain paraphernalia to minors
Prohibited acts. It shall be unlawful for any person within the incorporated limits of the
city to:
(1) Sell, dispense or give away to any minor:
(a) One or more cigarette rolling papers; or
(b) A pipe of any kind, including, but not limited to, those that filter smoke
through water or ice; or
{ c) A hypodermic needle or syringe; or
(2) Display, at any business establishment at which persons sixteen (16) years of age
or younger are permitted to enter, any of the items listed in subsection (1) above,
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in such a manner that these products are accessible to the public without the
assistance of the sales personnel of such establishment.
Sec. 14.03.002 Aerosol paint and glue; sales; inhalation; violation by juvenile
(1) As used in this section, aerosol paint or glue shall mean and include any aerosol
paint or glue containing one or more of the following volatile solvents:
(a) Acetone.
(b) Amylacetate.
(c) Benzol or benzene.
(d) Butyl acetate.
(e) Butyl alcohol.
(f) Carbon tetrachloride.
(g) Chloroform.
(h) Cyclohexanone.
(i) Ethanol or ethyl alcohol.
(j) Ethyl acetate.
(k) Hexane.
(1) Isopropanol or isopropyl alcohol.
(m) lsopropyl acetate.
(n) Methyl "cellosolve" acetate.
(o) Methyl ethyl ketone.
(p) Methyl isobutyl ketone.
(q) Toluol or toluene.
(r) Trichloroethylene.
(s) Tricresyl phosphate.
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(t) Xylol or xylene.
(2) It shall be unlawful for any person within the incorporated limits of the city to do
any of the following acts:
(a) To sell or transfer possession of any glue or aerosol paint defined m
subsection (1) to any person under the age of eighteen (18) years.
(b) To display at any business establishment, at which persons under eighteen
(18) years of age are permitted to enter, any glue or aerosol paint defined in
subsection (1) in such a manner that these products are accessible to the
public without the assistance of the sales personnel of such establishment.
(c) To purposely inhale any fumes, odors or gases from any glue or aerosol
paint defined in subsection (1) for the purpose of becoming intoxicated,
dizzy, imbalanced or unconscious. This subsection shall not apply to
persons inhaling any anesthesia administered by qualified medical personnel
for medical or dental purposes.
(d) To sell, offer for sale, deliver or give away to any person glue or aerosol
paint defined in subsection (a), when he knows or has reason to believe that
such glue or aerosol paint will be used for the purpose of becoming
intoxicated, dizzy, imbalanced or unconscious.
(3) All juveniles shall be handled in accordance with the Texas Family Code and
shall not be subject to criminal prosecution, but shall be referred to the
appropriate agency for treatment according to written guidelines established by
the police department and approved by juvenile court.
(4) A person making a sale of glue or aerosol paint defined in subsection (1) may
record the name, address, sex and age of the purchaser. If the seller believes or
has reason to believe that the product is being purchased for a use prohibited by
this section, he may report such information to the police department or other
appropriate officials.
(5) A person making a sale of glue or aerosol paint defined by subsection (1) shall
require the purchaser to present pictured identification at the time of purchase.
(6) Proof that a container was labeled as containing one or more of the volatile
solvents listed in subsection (1) shall constitute prima facie evidence that any
substance in said container did include the listed volatile solvent.
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Sec. 14.03.003 Inhalation of fumes or vapors of petroleum byproducts or solvents
by juveniles
(1) It shall be unlawful for any juvenile or child, as defined in section 51.02 of the
Texas Family Code, or subminor, as defined under the curfew ordinance of the
city, to engage in the inhalation of the fumes or vapors of petroleum byproducts
or solvents. The act of engaging in the act of inhaling such substances shall mean
the inhaling by such juvenile or child of such substances, the solicitation by such
juvenile or child of another juvenile or child to engage in such inhalation act or
the purchase, acquisition by any means or furnishing such petroleum byproducts
or solvents for the purpose of inhalation.
(2) Any juvenile, child or subminor found guilty of the above offense shall be guilty
of delinquent conduct as defined section 51.03, Texas Family Code, and shall be
treated in accordance with the provisions of that section.
Secs. 14.03.004-14.03.030 Reserved
Division 2. Curlew~
Sec. 14.03.031 Established
(1) It shall be unlawful for any person sixteen (I 6) or less years of age to be or
remain in or upon any public place or in or upon any establishment within the
City of Lubbock between the hours of 11 :00 p.m. and 6:00 a.m. of the following
day, official city time, except that on Fridays and Saturdays and nights next
preceding school holidays (not including summer vacation) the hours shall be
from 12:00 midnight to 6:00 a.m.
(2) It shall be unlawful for any person aged six (6) to sixteen (16) years of age,
inclusive, to be or remain in or upon any public place or in or upon any
establishment within the City of Lubbock between the hours of 9:00 a.m. and 2:30
p.m. on a school day.
Sec.14.03.032 Exceptions
(l) Numerous exceptions will be provided in this section to indicate that this is not a
mere prohibitory or presence type curfew ordinance. More exceptions become
available to juveniles with increasing years and advancing maturity as appropriate
in the interest of reasonable regulation. In the following exceptional cases a
juvenile in or upon any public place or in and upon an establishment shall not be
deemed in violation of this division. 1bis section is intended as a clear general
guide for juveniles, their parents, and enforcement officials:
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(a) When the juvenile is accompanied by his parent, legal guardian or
authorized adult supervisor.
(b) When exercising First Amendment rights protected by the United States
Constitution, such as the free exercise of religion, freedom of speech and the
rights of assembly, whether parade or demonstration, has been permitted by
the City of Lubbock pursuant to article 20.10 of chapter 20 of the Code of
Ordinances of the City of Lubbock, Texas, or other bona fide religious,
social or school activities involving the right to assemble.
( c) When engaged in performing an errand or other legitimate business at the
direction of a parent, guardian or supervisory adult, including travel to and
from such location by a direct route.
(d) When the j uvenile is on the sidewalk at the place where such juvenile
resides, or on the sidewalk of either next-door neighbor, when said neighbor
does not object to such presence.
(e) When the juvenile is engaged in employment activities, such as, but not
restricted to, newspaper delivery.
(2) All of the above cited exceptions to this division include travel to and from such
activity by a direct route, and this division is in no way to be construed as a
limitation upon normal travel by a juvenile engaged in interstate movement.
(3) Each of the foregoing exceptions is severable and in addition other possible
exceptions may be added hereto in the future as warranted by experience as
illuminated by the views of student government associations, school persoMel,
citizens, neighborhood spokesmen, parents, officers and persons in authority
concerned positively with minors as well as juvenile delinquency.
(4) With respect to section 14.03.031(2) of this division, it shall be an exception that
the offense occurred during a scheduled school vacation or holiday observed by
the school in which the juvenile is enrolled; or that the juvenile has graduated
from high school or received a high school equivalency certificate; or that the
juvenile has been emancipated by law; or that the juvenile has permission to be
absent from school or to be in a public place from a school official, which in the
case of a child being educated in a home school includes a parent.
Sec. 14.03.033 Parental responsibility
It shall be unlawful for a parent knowingly to permit or by insufficient control to allow a
juvenile in his or her care to be or remain in any public place or to be or remain in any
establishment other than for excepted activities during the curfew hours established by
this division. The term ''knowingly" includes knowledge that a parent should reasonably
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be expected to have concerrung the whereabouts of a juvenile in such parent's custody. It
shall be prima facie evidence of violation of this section if a responsible parent has no
knowledge of the juvenile's whereabouts during the hours of curfew established by this
division. The purpose of th.is section is to require neglectful or careless parents to meet
the community standard of parental responsibility.
Sec. 14.03.034 Establishment owner's responsibility
It shall be unlawful for the owner or operator of a business establishment to allow a
juvenile to remain upon such business premises during the hours of curfew established in
this division beyond the time necessary to conduct an excepted activity. It shall be no
defense to this section that a juvenile made a purchase, if the juvenile did not
immediately make such purchase upon arrival and depart immediately thereafter. It shall
be a defense to prosecution W1der this section that the owner or operator of such business
establishment has promptly notified the Lubbock Police Department that juveniles
present on the premises after hours have refused to depart.
Sec. 14.03.035 Police procedures
( 1) A Lubbock police officer, upon finding or having his or her attention called to any
juvenile in or on a public place or in or on the premises of a business
establishment in prima fade violation of th.is division, may take the juvenile into
custody. Such juvenile may be transported to a juvenile curfew processing office
designated by the City of Lubbock Police Chief. Upon arrival at the juvenile
curfew processing office, a parent, legal guardian or other responsible adult shall
be immediately notified to pick up such juvenile at the juvenile curfew processing
office. A police officer taking a juvenile into custody shall also have discretion to
release such juvenile to a parent, legal guardian or other responsible adult under
circwnstances deemed appropriate by the officer. A police officer also may issue
a warning notice to the juvenile in accordance with section 52.01 of the Texas
Family Code and order such juvenile to go directly and promptly to his or her
home. Delinquent conduct or conduct indicating a need for supervision under
sections 51.03 and 52.01 of the Texas Family Code shall be handled in
accordance with applicable provisions of the Family Code pertaining to such
conduct, and juveniles in prima facie violation of such provisions may not be
taken to the city's curfew processing facility.
(2) Upon picking up a juvenile in custody, said parent, legal guardian or other
responsible adult may be questioned about the circwnstances of such activity by
the juvenile. lbis is intended to permit ascertainment, W1der constitutional
safeguards, of relevant facts, and to centralize responsibility for accurate,
effective, fair, impartial and uniform enforcement and recording, thus making
available experienced supervisory personnel, the best of facilities, and, if required,
referral to social agencies equipped to handle family problems that may be
disclosed by investigation. In the absence of convincing identification, a police
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officer on the street may use his or her best judgment in determining age. Police
procedures shall be constantly refined in the light of experience, and changes
herein may be made on the basis of such experience.
(3) In any event, a police officer shall within twenty-four (24) hours file a written
report on the juvenile incident or shall participate to the extent possible in the
preparation and filing of such a report by his supervisor.
(4) When a parent, legal guardian or other responsible adult has come to take charge
of a juvenile and the appropriate information has been received, the juvenile shall
be released to the custody of the parent, legal guardian or other responsible adult.
If a parent, legal guardian or other responsible adult cannot be located or fails to
take charge of the juvenile, then the juvenile shall be released to appropriate
authorities. However, the police department shall have the discretion to refuse to
release a juvenile to an adult other than the parent or legal guardian of the
juvenile.
(5) A juvenile may not be held at the juvenile curfew processing office for more than
six (6) hours. During such time, the following procedures shall be observed:
(a) The office must be an unlocked, multipurpose area that is not designated, set
aside, or used as a secure detention area or part of a secure detention area;
(b) The juvenile may not be secured physically to a cuffing rail, chair, desk, or
stationary object;
(c) The juvenile may not be held longer than necessary to accomplish the
purposes of identification, investigation, processing, release to parents,
guardians or custodians, and arrangement of transportation to school or
court;
( d) The office may not be designated or intended for residential purposes; and
(e) The juvenile must be under continuous visual supervision by a peace officer
or other person during the time the juvenile is in the juvenile curfew
processing office.
Sec. 14.03.036 Penalties
Prevailing community standards as reflected by this division require the availability of
criminal penalties in order for this division to be a viable instrument for the maintenance
of such standards. Consequently, violation of this division by a juvenile, parent, or
business establishment owner or operator, shall be deemed a misdemeanor punishable in
accordance with section 1.01.004 of this code.
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Sec. 14.03.037 Severability
Severability is intended throughout and within this division. If any provision, including
any section. paragraph, sentence, clause, phrase or word or the application thereof to any
person or circumstance is held invalid, the application to other persons or under other
circumstances shall not be affected thereby and the validity of the division in any and all
other respects shall not be affected thereby. It is intended that this division be held
inapplicable in any case if such exists, where its application would be unconstitutional. A
constitutional construction hereof is intended and shall be given. There is no intent herein
to violate either the Texas Constitution or the Constitution of the United States of
America,
Sec. 14.03.038 Continuing evaluation
Ordinance 2004-00114, which is codified as this division, shall be reviewed every third
year prior to October 30 of such year as required by section 370.002 of the Local
Government Code. The first review shall be conducted no later than October 30, 2007,
and every third year thereafter. Such review shall be conducted following a public
hearing upon the need to continue this division, and the city council shall have the option
to continue, abolish or modify this division based upon their review of this division's
effects on the community and on the problems this division is intended to remedy.
ARTICLE 14.04 NOlSE~
Sec. 14.04.001 Policy
It is the policy of the city to minimize the exposure of citizens to excessive noise and to
protect, promote and preserve the public health, comfort, convenience, safety and
welfare. It is the express intent of the city to control the level of noise in a manner which
promotes commerce and promotes the use, value, and enjoyment of property all within
the realm that protects the sleep, peace, comfort, and repose of citizens, and preserves the
quality of the environment.
Sec.14.04.002 Administration
(1) The provisions of this article shall be administered by and under direction of the
city secretary.
(2) The city secretary shall have the authority to:
(a) Oversee the general administration of this chapter, including but not limited
to, the permit decision-making process;
(b) Make necessary inspections and tests with proper authorization or
permission from the owner of any private property or place; and
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(c) Make or require any investigations or studies which are necessary to
determine if compliance can be achieved and require noise attenuation
measures in accordance with the :findings of such investigations or studies
for the purpose of determining compliance with this article.
Sec. 14.04.003 Prohibited noises
(1) This section shall not be construed to include any activities or actions by public or
private:
(a) Educational facilities, or
(b) Any governmental entity using its owned or leased property.
(2) Unless a permit of variance is first obtained from the city, the following sounds
are hereby determined to be specific noises which can constitute a noise
disturbance.
(a) Animals. Owning, keeping, possessing, or harboring any animal or animals
which, by frequent or habitual noisemaking, unreasonably disturbs or
interferes with the sleep, peace, comfort, or repose of neighboring persons of
ordinary sensibilities. The provisions of this subsection shall apply to all
private facilities, including but not limited to any private or commercial
animal shelters or kennels, which hold or treat animals.
(b) Radios, television sets, musical instruments, and similar devices. Operating or
permitting to be operated in a fixed or movable position or mounted upon or
within any vehicle in or upon any street, alley, sidewalk, park, place, or public
or private property any radio receiving set, musical instrument. television,
phonograph, drum, or other machine or device for the production or
reproduction of sound or vibrations in such a manner as to unreasonably
disturb or interfere with the sleep, peace, comfort, or repose of neighboring
persons of ordinary sensibilities.
(c) Exterior loudspeakers. Operating or permitting to be operated any loudspeaker
or sound-amplifying equipment in a fixed or movable position in or upon any
street, alley, sidewalk, park, place, or public or private property for the
purpose of commercial advertising, giving instructions, directions, talks,
addresses, lectures, or transmitting music to any persons or assemblages of
persons in such a manner as to unreasonably disturb or interfere with the
sleep, peace, comfort, or repose of neighboring persons of ordinary
sensibilities.
(d) Construction work. Operating or permitting to be operated any equipment
used in commercial construction, repair, alteration, or demolition work on
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buildings, structures, streets, alleys, or appurtenances thereto, between the
hours of 10:00 p.m. and 6:00 a.m. the following day, or in such a manner as to
unreasonably disturb or interfere with the sleep, peace, comfort, and repose of
neighboring persons of ordinary sensibilities.
( e) Power equipment. Operating or permitting to be operated any power
equipment in residential zones outdoors between the hours of 10 :00 p.m. and
6:00 a.m. the following day, or in such a manner as to unreasonably disturb or
interfere with the sleep, peace, comfort, or repose of neighboring persons of
ordinary sensibilities.
(f) Power equipment -Inflatable Play Equipment. Operation of an electrical
generator to power inflatable play equipment in residential zones and/or City
parks in such a manner as to unreasonably disturb or interfere with the sleep,
peace, comfort, or repose of neighboring persons of ordinary sensibilities.
(g) Places of public entertainment. Operating or permitting to be operated in any
place of public entertainment any loudspeaker or other source of sound which
produces, at a point that is normally occupied by the customer, maximum
sound pressure levels of I 00 dBA as read on a sound level meter, wtless a
conspicuous and legible sign is posted near each public entrance stating:
"Warning Sound Levels Within May Cause Permanent Hearing Impairment."
Tiris provision shall not be construed to allow the operation of any
loudspeaker or other source of sound in such a manner as to unreasonably
disturb or interfere with the sleep, peace, comfort, or repose of neighboring
persons of ordinary sensibilities.
(h) Mechanical devices. Operating or permitting to be operated. any mechanical.
electrical, or electronic device in a residential area between the hours of 10:00
p.m. and 6:00 a.m. the following day, or in such a manner as to unreasonably
disturb or interfere with the sleep, peace, comfort, or repose of neighboring
persons of ordinary sensibilities.
(i) Emergency signaling devices. The intentional sounding or pennitting the
sounding outdoors of any fire, burglar or civil defense alarm, siren, whistle, or
similar stationary emergency signaling device for more than five minutes
during any consecutive 60-minute period in such a manner as to unreasonably
disturb or interfere with the sleep, peace, comfort, or repose of neighboring
persons of ordinary sensibilities, except for those exemptions outlined in this
article. Nothing herein shall be construed to authorize the operation of any
emergency signaling device in violation of Article 8.11 (Burglar and Robbery
Alarms) of this code.
G) Other prohibited sound levels. Any emanations of the human voice or noise
from any other source. including but not limited to fireworks. motor vehicle
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horns or other noise-creating object, device or equipment, whether amplified
or not, which W1.reasonably disturbs or interferes with the sleep, peace,
comfort, or repose of neighboring persons of ordinary sensibilities.
Sec. 14.04.004 Motor vehicle noise
( 1) Modifications to motor vehicles. No person shall operate or cause to be operated
any motor vehicle, unless the vehicle is equipped with an exhaust system which
includes a tailpipe and resonator where the original vehicle design included a
tailpipe and resonator. Such exhaust system shall be:
(a) Equipped with a muffler which is in good working order (free of damage to
the baffles contained in the muffler and is in constant operation); and
(b) Not equipped with any cut out, bypass or similar device.
(2) Tire noise. It is unlawful for any person to operate a motor vehicle in such a
manner as to cause or allow to be emitted squealing, screeching or other such
sound from the tires in contact with the ground because of rapid acceleration or
excessive speed around comers or other such reason; provided that sound
resulting from emergency braking to avoid imminent danger shall be exempted
from this subsection.
(3) Off-highway motor vehicles. No person shall operate or permit to be operated any
motorized vehicle off a public right-of-way in such a manner as to unreasonably
disturb or interfere with the sleep, peace, comfort, or repose of neighboring
persons of ordinary sensibilities.
Sec. 14.04.005 Permit of variance-Application; issuance procedures
( 1) Applications for a permit for relief from the noise levels designated in this article
may be made to the city secretary. Any permit granted by the city secretary
hereunder shall contain all conditions upon which said permit has been granted
and shall specify a reasonable time that the permit shall be effective. Any permit
granted by the city secretary cannot be assigned or transferred. The city secretary
may grant relief as applied for if it is found:
(a) That additional time is necessary for the applicant to alter or modify the
activity or operation to comply with this article; or
(b) That the activity, operation or noise source will be of temporary duration
and cannot be done in a manner that would comply with other provisions of
this article; and
(c) That no other reasonable alternative is available to the applicant; and
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(d) That the city may prescribe any conditions or requirements deemed
necessary to minimize adverse effects upon the community or the
surrounding neighborhood.
(2) No permit of variance may be issued unless written petition of such request has
been circulated to all owners, occupants, or representatives of real property lying
within 300 feet from the point of origin where noise will be generated. Such
petition shall state the nature, location, and length of time requested; and shall be
issued not less than seven days prior to the date of permit variances for one-time
events (less than a 24 hour period). Applications for such events as listed in
subsection 14.04.005(1) shall be filed with the Office of the City Secretary no less
than five (5) days prior to the date of the event. Late fees may apply if filed after
the stated deadlines.
Permit of variances for greater than a 24 hour period, or for repetitive days may
not be issued unless written petition of such request has been circulated to all
owners. occupants, or representatives of real property lying within 300 feet of the
point of origin where noise will be generated; and includes the nature, location,
and the length of time requested. The written petition must be circulated fourteen
days prior to the date of the event by the applicant. Applications for such events
shall be filed with the Office of the City Secretary no less than ten (10) days prior
to the date of the event. Late fees may apply if filed after the stated deadline.
A copy of each such written petition shall be provided to the city secretary prior
to the date requested for issuance of said permit of variance. Such petition shall
state persons for or opposed to such permit. If no objections are received, the city
secretary shall issue the requested permit of variance. If one or more objections
are received, the city secretary shall apply the standards of subsection ( 1) m
making a detennination as to whether a pennit of variance shall be issued.
(3) The city may require a noise study to be performed in order to evaluate the impact
of a proposed permit of variance. Such study must be performed to conduct noise
evaluations and studies of the impact of noise. In the event such a study is
necessary, the applicant shall be notified in writing of such requirement. The
applicant shall be responsible for the expense of any study.
Sec. 14.04.006 Rescheduling following Approval and Issuance
The grantee of a permit of variance must notify the Office of the City Secretary no later
than 24 hours prior to the rescheduling of the permitted activity. Weekends will not be
included in the 24-hour time period. Said notice must be given to the Office of the City
Secretary during its normal hours of operation. Subsequent to the aforementioned,
recirculation of the written petition must be completed, by the grantee, to all owners,
occupants, or representatives of real property lying within 300 feet of the point of origin
where noise will be generated; and includes the nature, location, and the length of
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rescheduled time requested within 3 days. The written petition shall be submitted within
3 days after the request for rescheduling has been accepted. The city secretary then shall
make a determination of approval/denial for rescheduling as per Section 14.04.005.
Sec. 14.04.007 Same-Fees
All associated fees shall be set by the current fiscal budget of the City of Lubbock. If no
fee is established by budget ordinance, a minimum fee of fifty dollars ($50.00) for the
administrative costs of processing the permit of variance shall be required.
Sec. 14.04.008 Same-Appeal of disapproval
Any individual who is aggrieved by the disapproval of a variance permit by the city
secretary may appeal in writing to the Permit and License Appeal Board and state any
information to support his/her claim not later than ten (10) days after the disapproval or
denial. All appeals shall be heard by the permit and license appeal board in accordance
with Section 2.03.073 of this code.
Sec. 14.04.009 Exceptions
Nothing herein shall be construed as prohibiting, limiting or restricting the activities of
any governmental entity holding events on its owned or leased property or any public
utility.
Sec. 14.04.010 Penalty
A violation of any of the provisions of this article shall constitute a misdemeanor and,
upon conviction thereof, shall be punishable by a fine not to exceed five hundred dollars
($500.00). Each day a violation is committed or continues shall constitute and be
punishable as a separate offense.
ARTICLE 14.05 STOLEN, ABANDONED OR RECOVERED PROPERTY
Sec. 14.05.001 Sale at public auction authorized
All abandoned, stolen or recovered property of every kind, including motor vehicles,
which shall remain unclaimed with the police department for a period of sixty (60) days,
without being claimed or reclaimed by the owner, whether known or not, may be sold or
disposed of at public auction as provided in this article.
Sec. 14.05.002 Delivery to purchasing agent; receipt
The chief of police shall give to the purchasing agent of the city a list of all property
subject to sale under the provisions of this article and shall thereafter deliver such
property, except motor vehicles, to the purchasing agent before the date of sale, and take
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a receipt from the purchasing agent, showing in detail all property so delivered. Motor
vehicles shall be kept by the chief of police until a sale has been made.
Sec. 14.05.003 Posting notice of sale and list of property to be sold
Thirty (30) days' notice of the time and place of a sale under the provisions of this article,
and a descriptive list of the property and motor vehicles, or both, to be offered for sale,
shall be posted at the courthouse door of the county and at any regular entrance to the city
hall and a copy thereof sent by registered mail to the last-known address of the owner, in
the event the name of the owner is known to the purchasing agent.
Sec. 14.05.004 Sale of property separately or in lots
When the requirements of the preceding section have been met, the property shall be
offered for sale at public auction to the highest bidder for each piece of property
separately or assembled in lots, whichever in the discretion of the purchasing agent shall
offer the best price obtainable for the property, provided that motor vehicles that are
operative under their own power shall be sold separately.
Sec. 14.05.005 Auction time and place; cash sale
The public auction provided for in this article shall be conducted at the place and hour
designated in the notice referred to in section 14.05.003 of this article, and all sales shall
be for cash.
Sec.14.05.006 Duties of purchasing agent; disposition of funds
The purchasing agent shall conduct the public auction provided for in this article and he
shall keep an accurate statement of each article or motor vehicle sold and the price bid
and paid therefor, and shall make a complete report in writing to the chief accountant of
the time, place and manner of conducting the sale, and all funds receiving on account of
such auction shall be delivered to the chief accountant, who shall give his receipt
therefor. The chief accountant is hereby required to place all funds received by him under
and by virtue of this article to the credit of the general fund, to be thereafter disbursed as
the city council shall order.
Sec. 14.05.007 Disposition of worthless property
Any property which has been listed and offered for sale under the provisions of this
article and for which no price or swn has been offered, if deemed by the purchasing agent
to be worthless and without value, shall be disposed of in such manner as the purchasing
agent shall prescribe. A description of all property destroyed or disposed of by the
purchasing agent as worthless or without value shall be reported to the city council,
together with the date and manner of disposal.
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ARTICLE 14.06 DISEASED TREES
Sec. 14.06.001 Nuisance defined
Any tree or plant which is capable of causing an epidemic spread of communicable
disease is hereby declared to be a public nuisance.
Sec. 14.06.002 Abatement of nuisance
It shall be unlawful for any person, owner, or occupant having supervision or control of
any lot, tract, parcel of land or portion thereof, occupied or unoccupied, improved or
unimproved, within the corporate limits of the city to permit or maintain on any such lot,
tract, or parcel any tree or plant which is a public nuisance as defined herein, and it shall
be the duty of such person, owner, or occupant to promptly remove, eradicate, or
otherwise control such condition.
Sec. 14.06.003 Inspections
The director of parks and recreation or his representative is hereby authorized to enter
upon any lot or parcel of land in the city at any reasonable hour for the purpose of
inspecting trees or plants in order to accomplish the purpose of this article
Sec. 14.06.004 Notice to abate nuisance
The director of parks and recreation of the city or his representative shall give to the
owner or occupant having supervision or control of the premises where a public nuisance,
as herein defined, is found written notice of the existence of such nuisance and an order
detailing the requirements of abatement to be completed within a reasonable time to be
specified in such notice. If personal service may not be had, service may be made by
publication. Failure of the owner or occupant to correct the violation within the specified
time shall constitute a misdemeanor.
Sec. 14.06.005 Appeal from notice; hearing
The owner or occupant served with notice as described in section 14.06.004 above shall
have the right to appeal the order of the director of parks and recreation. Notice that such
owner or occupant desires to appeal shall be submitted in writing to the director of parks
and recreation or his representative within the time specified for abatement in the notice.
Upon receipt of a notice of appeal, the director of parks and recreation shall schedule a
meeting with the parks and recreation board as soon as practicable to consider such
appeal. Until a final determination by the parks and recreation board, work required to be
done by the director of parks and recreation shall not be required. and if the parks and
recreation board sustains all or any part of the order, it shall set the time within which the
work required to be done shall be done. A person dissatisfied with a decision under this
section by the park and recreation board may appeal such decision in writing to the city
25
council within ten (10) days after such decision is rendered, and the city council shall
hear such appeal within thirty (30) days.
Sec. 14.06.006 Work done by city; assessment of costs
If any work required to be done by the director of parks and recreation or the parks and
recreation board is not accomplished within the time specified, the director of parks and
recreation shall cause the work to be done and the cost of the same shall be assessed
against the property owner. Any notice given pursuant to this article shall state that if the
work required is not done within the time specified, the city will cause the same to be
done at the expense of the property owner. A statement of the costs incurred by the city
shall be mailed to the property owner and such statement shall be paid within thirty (30)
days of the date of mailing thereof. If any property owner is unable to pay the cost of
such work within thirty (30) days, he may enter into an agreement for the payment of the
same in monthly installments.
ARTICLE 14.07 SEX OFFENDERS
Sec. 14.07.001 Definitions
For the purposes of this article, the following terms, words, and the derivations thereof
shall have the meanings:
(1) Database. Refers to the database maintained by the Texas Department of Public
Safety pursuant to V.A.T.C. Code of Criminal Procedure sections 62.001 et seq.,
as amended.
(2) Day care center. Any type of child-care facility as defined in V.A.T.C. Human
Resources Code section 42.002, as amended.
(3) Department. The Texas Department of Public Safety.
(4) Minor. A person younger than seventeen years of age.
(5) Permanent residence. A place where a person abides, lodges, or resides for a
period of seven (7) or more consecutive days.
(6) Premises. Public parks or public recreational facilities open to minors, private or
public schools (excluding in-home schools, trade or business schools, colleges,
and universities), boy's or girl's organizations chartered by a state or national
organization, and day care centers.
(7) Program. Refers to the Sex Offender Registration Program promulgated in
V.A.T.C. Code of Criminal Procedure sections 62.001 et seq., as amended.
26
(8) Temporary residence. A place where a person abides, lodges, or resides for a
period of seven (7) or more days in the aggregate during any calendar year and
which is not the person's permanent address.
Sec.14.07.002 Offense
It shall be unlawful for a person required to register on the database under either of the
following circumstances to establish a permanent or temporary residence within one
thousand (1,000) feet of any premises, to wit:
(1) For an offense involving a minor under any provision of the Texas Penal Code, as
amended. requiring the person to register on the database.
(2) For an offense under federal law, the laws of any state, the laws of any foreign
country, or the Uniform Code of Military Justice, if the offense contains elements
substantially similar to any of those offenses in the Texas Penal Code involving a
minor and requiring the person to register on the database.
Sec.14.07.003 Measurements
For pmposes of this article, the distance between a pennanent or temporary residence and
the premises shall be determined by a straight line from the outer property line of such
permanent or temporary residence in closest proximity to the nearest property line of the
premises. In the case of apartment complexes or other multiple residences, the distance
shall be determined by a straight line from the outer property line of such apartment
complex or other multiple residences in closest proximity to the nearest property line of
the premises.
Sec. 14.07.004 Affirmative defenses
It shall be an affirmative defense to prosecution for any violation under this article if:
( 1) The person required to register on the database established the pennanent or
temporary residence prior to the date of adoption of this article and has complied
with the program.
(2) The person required to register on the database is a minor.
(3) The premises were dedicated, constructed, or opened after the person established
the permanent or temporary residence and has complied with the program.
(4) The person was erroneously listed on the database or the information necessary to
establish an essential element of the offense under this article is erroneous.
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Sec. 14.07 .005 Penalty
A violation of this article shall constitute a misdemeanor and, upon conviction thereof,
shall be punishable by a fine not to exceed two thousand dollars ($2,000.00). Each day a
violation is committed or continues shall constitute and be punishable as a separate
offense.
SECTION 2. THAT, unless otherwise provided herein, a violation of any
provision of this Ordinance shall be deemed a misdemeanor punishable as provided by
Section 1.01.004 of the Code of Ordinances of the City of Lubbock.
SECTION 3. 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 4. THAT the City Secretary of the City of Lubbock is hereby
authorized and directed to cause publication of the descriptive caption of this Ordinance
as an alternative method provided by law.
SECTION 5. THAT this Ordinance shall become effective, except as
may otherwise be provided herein, from and after its publication as provided by law.
AND IT IS SO ORDERED.
Passed by the city council on first reading this 9th day of August 2012 .
Passed by the city council on second reading this 23rd day 9[ August 201 2.
~4/4 ~
KAREN GIBSON, MAYOR PRO TEM
ATTEST:
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APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
Q·\CCDOCS\Amendmg LCO Chapter 14 • Offenses and Other ?rovisions.docx
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