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HomeMy WebLinkAboutOrdinance 5336 ORDINANCE NO . _ AN ORDINANCE REGULATING MOTOR VEHICLE TRAFFIC IN AND AROUND DRIVE-IN RESTAURANTS ; PRESCRIBING DUTIES OF DRIVE-IN OWNERS, LESSEES OR OPERATORS ; PROHIBITING CERTAIN CONDUCT BY PERSONS ON OR ABOUT DRIVE-IN PREMISES; DEFINING TERMS; PROVIDING A SAVINGS CLAUSE; PROVIDING PENALTIES FOR VIOLA- TIONS HEREOF; DECLARING AN EMERGENCY; AND NAMING AN EFFECTIVE DATE . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: Section 1 . Definitions For the purpose of this ordinance, the following terms shall have the meanings respectively ascribed to them by this section: A . Drive-In Restaurant. Any restaurant where meals, sandwiches, cold drinks, beverages , ice cream or other food is served directlyto or permitted to be consumed by patrons in motor vehicles parked on the premises . B. Public Place . For the purpose of preserving public peace, health and safety, the entire premises occupied by a drive-in restaurant, together with the means of ingress thereto and egress therefrom, are hereby declared to be a public place . C . Motor vehicle . Any self-propelled vehicle of two or more wheels, including but not limited to automobiles , trucks and motorcycles . Section 2 . Duties of owner, lessee or operator . A . The owner, lessee or operator of any drive-in restaurant shall maintain quiet and good order upon the premises and shall not permit disorderly or immoral conduct or loitering thereon, nor shall he cause or permit any noise or nuisance on the parking area of the drive-in restaurant whereby the quiet and good order of the neighborhood are disturbed. B. It is hereby declared to be a duty of the owner or operator of a drive-in restaurant to provide not less than two (2) receptacles for the receipt of trash, litter, paper, napkins, cups and remnants of food at each exit, available to the patrons as they leave the premises . Failure of the owner or operator of a drive-in restaurant to provide such receptacles shall constitute a misde- meanor, and any person upon conviction thereof shall be fined as provided in this ordinance . C . It shall be the duty of the restaurant operator to post on the premises in a conspicuous location one or more signs bearing the following legend: "CRUISING IN OR CONGREGATING AND LOITERING OUTSIDE OF A MOTOR VEHICLE IS UNLAWFUL . NO UNOCCUPIED VEHICLES MAY BE LEFT ON THESE PREMISES WITHOUT THE CONSENT OF THE RESTAU- RANT OPERATOR." Section 3 . Alcoholic beverages in drive-in restaurants . A . It shall be unlawful for any person under the age of twenty-one (21) years to purchase any alcoholic beverage on the premises of any drive-in restaurant, and upon conviction thereof shall be fined a sum of not less than Ten Dollars ($10.00) or more than One Hundred Dollars ($100 .00) . B. It shall be unlawful for any person under the age of twenty-one (21) years to possess , unless such person under the age of twenty-one (21) years be a bona fide employee, as permitted under the Texas Liquor Control Act, on the licensed premises of such drive-in restau- rant where such alcoholic beverage is possessed, or consume any alcoholic beverate on such premises unless at the time of such possession or consumption such person under the age of twenty-one (21) years is accompanied by his or her parent, guardian, adult husband or adult wife, or other adult person into whose custody he or she has been committed for the time by some Court, who is actually, visibly and personally present at the time such alcoholic beverage is possessed or consumed by such per- son under the age of twenty-one (21) years , and upon conviction thereof shall be fined in a sum of not less than Ten Dollars ($10.00) or more than One Hundred Dollars ($100 .00) . C . It shall be unlawful for any person under the age of twenty-one (21) years to bring on the premises of any drive-in restaurant any alcoholic beverage and attempt to consume or consume same with or without the purchase of any food on the premises of such drive-in restaurant. Section 4 . Prohibited acts . The following acts or conduct of any person or persons entering any drive-in restaurant prem- ises are hereby declared to be unlawful and any person found guilty of any such act shall be guilty of a misdemeanor and upon conviction shall be fined as provied by this ordinance: A . To enter the premises of any drive-in restaurant in a motor vehicle of any description and park said vehicle and leave the premises without getting the consent of the owner or operator of said restaurant, in which event said vehicle may be impounded, subject to the usual im- pounding charges . B. To enter said premises in a motor vehicle of any kind and using said premises for cruising, racing, as a short-cut to another street or to annoy or endanger any person or persons or other vehicle or vehicles lawfully on said premises . C . No person on the premises of a drive-in restaurant shall race the motor of any motor vehicle, needlessly bring to a sudden start or stop any motor vehicle, blow any horn of any motor vehicle or cause to be made any other loud or unseemly noise, nuisance, or disturbance whereby the quiet and good order of the premises or the neighborhood are disturbed. D. For three (3) or more persons to congregate on the premises and linger or loiter at any location on the premises of any Rive-in restaurant other than in the restaurant building or in a legally parked motor vehicle. E . It shall be unlawful for any patron of a drive-in restaurant to throw or deposit any litter anywhere on the grounds or on the streets of the City of Fort Worth save and except in the receptacles provided therefor . Any person violating this provision of this ordinance shall be guilty of a misdemeanor, and upon conviction shall be fined as provided for in this ordinance. Section 5. Breaches of peace . A. Any person while on the premises of any drive-in restaurant who shall in the presence or hearing of another curse or abuse such person or use any violently abusive language to such person concerning him or any of his female relatives under circumstances reasonably calculated to provoke a breach of the peace, shall be fined not more than One Hundred Dollars ($100.00) . B. Any person, who while on the premises of any drive-in restaurant shall use loud and vociferous , or obscene, vulgar or indecent language or swear or curse, or yell or shriek in a manner calculated to disturb the person or persons present at such place, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not exceeding Two Hundred Dollars ($200 .00) . Section 6 . It is declared to be the intention and purpose of this ordinance not to repeal any other ordinance or ordinances now in effect applicable to premises such as drive-in restau- rantsand it is hereby declared that the purpose of this ordinance is to make this ordinance cumulative with all other such applicable ordinances; provided, however, that any conflict in language between this ordinance and any other ordinance or ordi- nances applicable to drive-in restaurants , the language of this ordinance shall prevail. Section 7 . If any section, subsection, paragraph or provision of this ordinance shall be held invalid for any reason whatsoever, such invalidity shall not affect the remaining portions of this ordinance, which shall remain in full force and effect, and to this end the provisions of this ordinance are declared to be severable. Section 8 . Any person found guilty of violating any of the provisions of this ordinance shall be fined a sum not to exceed Two Hundred Dollars ($200 .00) ; provided, however, that if any section or subsection of this ordinance provides for a specific penalty for a particular violation, such penalty shall apply to such particular violation. Section 9 . The fact that the present ordinances do not provide for adequate regulation of traffic and good order in and around drive-in restaurant premises, and in order to protect the public health, safety and general welfare it is necessary that this ordinance be enacted to provide such regulations, creates an urgency and an emergency in the immediate preservation of the public health, safety, comfort, peace and general welfare and requires that this ordinance shall take effect immediately from and after its passage, and it is accordingly so ordained. APPROVED AS TO FORM AND LEGALITY: City Attorney City of Fort Worth, Eexas Mayor and Council Communication DATE REFERENCE SUBJECT: Draft Ordinance Regulating PAGE 3/15/65 NUMBERG-775Conduct at Drive-In Restaurants for 1- Transmitted herewith is a draft ordinance prepared by the City Attorney which pro- hibits certain conduct on the premises of drive-in restaurants and prescribes a penalty for violation of the ordinance. The ordinance has been requested by 17 drive-in restaurant operators who represent 48 locations in the City of Fort Worth This request is attached. In preparing the ordinance, the Department of Law re- viewed and evaluated drive-in ordinances enacted in two other southwestern cities. Principal provisions of the ordinance include: 1) No person shall leave a vehicle unattended except by permission of the rest au- in repeated cruising, racing, or start or stop a vehicle in a manner which might annoy or endanger other vehicles lawfully on the premises; 2) No more than three persons shall congregate on the premises other than in the restaurant building or in a legally parked vehicle; 3) No person shall breach the peace by use of loud and vociferous, obscene, vul- gar or indecent language, or swear or curse, or yell or shriek; 4) No person shall throw or deposit litter anywhere on the premises other than in receptacles provided therefor; 5) No person under 21 shall purchase, possess or consume alcoholic beverages on the premises of a drive-in, except as may be permitted under the Texas Liquor Control Act; 6) Drive-in operators shall maintain quiet and good order and not permit dis- orderly or immoral conduct on the premises; 7) Drive-in operators shall provide at least two trash receptacles at each exit; 8) Drive-in operators shall post a sign on the premises warning that it is un- lawful to congregate, loiter, or leave a vehicle unattended without the per- mission of the restaurant operator; 9) Any person found guilty of violating any provisions of the ordinance shall be fined a sum not to exceed $200. In the City of Little Rock, where a similar drive-in ordinance was adopted on October 5, 1964, it is reported that the ordinance has been helpful, particularly by requiring the posting of a sign warning that disturbances on the premises are unlawful. City Council consideration of the attached draft ordinance is requested. JLB•GA SUBMITTED BY: DISPOSITION-BY COUNCIL: PROCESSED BY e'APPROVED P-d`rHER (DESCRIBE) 4 W CITY SECRETARY • DATE CITY MANAGER