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HomeMy WebLinkAboutOrdinance 8112 ORDINANCE NO. 49r1 AN ORDINANCE AMENDING CHAPTER 27 OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1964) , AS AMENDED, WHICH CHAPTER REGULATES MIS- CELLANEOUS OFFENSES; BY ADDING SEC. 27-52 PROVIDING FOR A CURFEW IN PUBLICLY OWNED CEMETERIES ; MAKING THIS ORDINANCE CUMULA- TIVE OF PRIOR ORDINANCES ; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS : SECTION I. That Chapter 27 of the Code of the City of Fort Worth, Texas (1964) , be amended by adding Section 27-52, such addi- tional section to read as follows: "Sec. 27-52. Curfew in Publicly Owned Cemeteries Unless otherwise posted, it shall be unlawful to enter any portion of any publicly owned cemetery within the corporate city limits of the City of Fort Worth, Texas, at any time between thirty (30) minutes after sunset and thirty (30) minutes before sunrise. It shall be a defense to any prosecution brought under this section that the party entering upon the publicly owned cemetery did so with the consent of the City of Fort Worth or its agents. " SECTION II. That this ordinance shall be cumulative of all pro- visions of ordinances and of the Code of the City of Fort Worth, Texas (1964) , as amended, except where the provisions of such ''ordinances- 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of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed.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 III. That 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 remain- ing phrases, clauses, sentences, paragraphs 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, sentence, para- graph or section. SECTION IV. Any violation hereof shall be punished by a fine not exceeding Two Hundred Dollars ($200.00) . SECTION V. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption, penalty clause and effective date of this ordinance for five (5) days in the official newspaper of the City of Fort Worth, Texas, as autho- rized by TEX.REV.CIV.STATS.art. 1176b-1. SECTION VI. This ordinance shall be in full force and effect from and after the date of passage and publication as above specified. A VED ASS TO FO AND LEGALITY: OV City Attorney ADOPTED: ht 6 EFFECTIVE: ME" OPKINS City of Fort Worts, Texas H ERCH ERT BAILIFF Mayor and Council Communication omm Ycation SMITH DATE REFERENCE SUBJECT: PAGE JONES NUMBER 6/17/80 Proposed Cemetery Curfewfor 1 pETER`-tEd **G-4592 In recent months, there have been numerous incidents of vandalism and violence in both Oakwood and Pioneer's Rest Cemeteries. Currently, these cemeteries are on publicly-owned land and administered by endowment- funded associations. Neither group, however, is able to afford the constant damage to property or the security necessary to protect the areas after dark. The proposed ordinance is intended to minimize the current problems by prohibiting, unless otherwise posted, the presence of unauthorized per- sons in the cemeteries after dark. This ordinance should be simple to prosecute, and there is no contemplated need for additional activity by the Police Department. If successful, the ordinance might even reduce the necessary current level of police activity in the cemeteries. Recommendation It is recommended that the City Council enact the proposed ordinance. APPROVED BY CITY COUNCIL JUN 17 19,10 GG:cvlCEJ @ 0. Attachment C 01 1'01:I; 'T� wggKh, 4 SUBMITTED FOR 1HL CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY OFFICE BY: ❑ APPROVED ORIGINATING i�s17,71, 7 � - . I] pr �R ( S RIBE) DEPARTMENT HEAD: Arthur R. Petersen ; r " x �- �`�.' '��-."'r��''i: 'DL'4 � � � CITY SECRETARY FOR ADDITIONAL INFORMATIONW. W. Leonard, Ext. 760 CONTACT: DATE