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HomeMy WebLinkAboutOrdinance 10389•r r . .. ` '~~. :~ r f ORDINANCE No. ~`~ AN ORDINANCE AMENDING SECTION 23-11, "LOITERING FOR PURPOSE OF PROSTITUTION", OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, TO PROVIDE THAT THE PENALTY FOR VIOLATING SUCH SECTION SHALL BE A FINE NOT TO EXCEED $500; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER PROVISIONS OF SUCH CODE; PROVID- ING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Section 23-11 of the Code of the City of Fort Worth (1986), as amended, is hereby further amended to read as follows: Sec. 23-11. Loitering for purpose of prostitution. (a) A person commits an offense if he loiters in a public place in a manner and under circumstances manifesting the purpose of inducing, enticing, solicit- ing or procuring another to commit an act of prostitu- tion. Among the circumstances which may be considered in determining whether such purpose is manifested is that such person is a known prostitute or panderer, repeatedly beckons to, stops or attempts to stop motor vehicle operators by hailing, waving of arms, or any other bodily gesture. No arrest shall be made for a violation of this subsection unless the arresting officer first affords such person an opportunity to explain such conduct, and no one shall be convicted of violating this section if it appears at trial that the explanation given was true and disclosed a lawful purpose. (b) For the purpose of this section, a "known prostitute or panderer" is a person who, within one (1) year previous to the date of arrest for violation of this section, has, within the knowledge of the arrest- ing officer, been convicted of prostitution, promotion of prostitution, aggravated promotion of prostitution or compelling prostitution. The definition of prostitu- tion in the state Penal Code shall apply to this section. ~~ . IY. 'y ., ~ . 2 >" (c) Any person violating the provisions of this section shall be guilty of a misdemeanor and punished by a fine not to exceed $500.00. SECTION 2. This ordinance shall be cumulative of all provisions of ordi- nances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in direct conflict with. the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, para- graphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sen- fence, paragraph or section. SECTION 4. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provi- sions of Section 23-11 which have accrued at the time of the effective date of this ordinance; and, as to such accrued viola- -2- a, 5` ~1 i tions and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinance, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 5. The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the cap- tion, penalty clause and effective date in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION 6. The City Secretary of the City of Fort Worth, Texas, is here- by directed to publish the caption, Section 1 and effective date of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013, Texas Local Government Code. SECTION 7. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. A ROVED AS TO FO D LEGALITY: City Attorney Date : ' ~ S ADOPTED• / EFFECTIVE• -3- MRSfER FILE 2,;v 1 ~ V~®U ~~ ~lL~~l.~La)1 ~.2~~ ®~ ~~~, ~ ~ AccourarlNC• z TRANSPORTATIONdP J~~®'11° III ~IF~TI ~J J( ~® ,. 1/ ~TYlI ~~]/ 11 ~©~~~~'~ f~.~~/r/rn ~~®~ ~ 4 fER AOMINIST RA'f~JM L.,~£F JU PONCE PROSEC6 iIYNICIP.I CA1IIfW [' GRATE REFERENCE SUBJECT INCREASE IN FINE FOR PAGE NUMBER VIOLATION OF SECTION 23-11 OF 1 f MINiS~t~Tlf~.~.8g Ci-,8219 THE CI_ 1 o ~- iNG ATTORNEY,1 PURPOSE OF PROSTITUTION . cou ~.Ed~A~'IENDA T I ON It is recommended that the City Council adopt the attached ordinance amending Se ction 23-11, Loitering for purpose of prostitution, of the F ort Worth City Code, so that violations shall be punishable by a fine not to exceed $500 BACKGROUND On September 12, 1989, the City Council adopted CP I42 which directs the Cit y Attorney to prepare an ordinance to increase to $500 the maximum fine for violations of Section 23-11, Loitering for purpose of prostitution of the Fort Worth City Code Attached is the proposed ordinance Attachment APPR4VE0 BY CITY COUNCIL S E P 19 1989 ~u~h 4~~~tc2.r Cite Secretary of the City of Fort Worth, 'Texas SUBMITTED FOR trit CITY MANAGER'S DISPOSITION BY COUNCIL. PROCESSED BY OFFICE. BY David Ivor C APPROVED ORIGINATING [ OTHER (DESCRIBE) 1~ DEPARTMENT HEAD: W$de Ad' 1nS ,, CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT Wade Adkins !~ ~jAA 7623 ~~ ed OrdinBno~ NV~ ~' ~ $ DATE