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Home My WebLink AboutOrdinance 7657 ORDINANCE NO. ` S AN ORDINANCE AMENDING CHAPTER 27, "OFFENSES - MISCELLANEOUS, " OF THE CODE OF THE CITY OF FORT WORTH (1964) , AS AMENDED, BY ADDING A NEW SECTION 27-51 PROHIBITING LOITERING IN A PUBLIC PLACE IN A MANNER AND UNDER CIRCUMSTANCES MANIFESTING THE PURPOSE OF ENGAGING IN PROSTITUTION; DESCRIBING CIRCUMSTANCES THAT MAY BE CONSIDERED IN DETER- MINING WHETHER SUCH PURPOSE IS MANIFESTED; PROVIDING AN OPPORTUNITY FOR EXPLANATION; PRO- VIDING DEFINITIONS ; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL PROVISIONS OF ALL ORDINANCES AND OF SUCH CODE AFFECTING LOITERING OR PROSTITUTION; PROVIDING A SAVINGS CLAUSE; PRO- VIDING A SEVERABILITY CLAUSE; PROVIDING A PENAL CLAUSE; DIRECTING PUBLICATION; AND NAMING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Chapter 27, "Offenses-Miscellaneous, " of the Code of the City of Fort Worth (1964) , as amended, be, and the same is hereby amended by adding a new Section 27-51 to read as follows: "A person commits an offense if he loiters in a public place in a manner and under circum- stances manifesting the purpose of inducing, enticing, soliciting, or procuring another to commit an act of prostitution. Among the circum- stances which may be considered in determining whether such purpose is manifested; that such person is a known prostitute or panderer, re- peatedly 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 subsection if it appears at trial that the explana- tion given was true and disclosed a lawful purpose. "For the purpose of this section, a ' known prostitute or panderer' is a person who, within one year previous to the date of arrest for violation of this section, has, within the knowl- edge of the arresting officer, been convicted of prostitution, promotion of prostitution, aggra- vated promotion of prostitution, or compelling prostitition. "The definition of prostitution in the Texas Penal Code shall apply to this section. " SECTION 2. That this ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort worth (1964) , as amended, affecting loitering or prostitution except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event such conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3. That all rights and remedies of the City of Fort worth, Texas, are expressly saved as to any and all violations of the provisions of Chapter 27 of the Code of the City of Fort Worth (1964) , as amended, and of any other ordinance affecting loitering or prostitution, which have accrued at the time of the effective date of this ordinance; and as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such chapter and/or other ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the Courts. SECTION 4. 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 void, ineffective or unconstitutional by the valid -2- judgment or final decree of a Court of competent jurisdiction, such voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance since the same would have been enacted by the City Council without the incorporation herein of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5. That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and each such person shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of any of the provisions of this ordinance is committed, continued or permitted and each violation shall be punishable by a fine not to exceed Two Hundred Dollars ($200.00) . SECTION 6. That 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. SECTION 7. That the City Secretary of the City of Fort Worth, Texas, is hereby directed to engross and enroll this ordinance by copying the caption and penalty clause of same in the minutes of the City Council of the City of Fort Worth, Texas, and by filing the ordinance in the ordinance records of said City. SECTION 8. That this ordinance shall be in full force and effect -3- 60 days after the date of its passage and publication as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: ; ? & / A '1 S. G. Johndroe, Jr. , City Attorney -4- nil Y//7 CHILL City of Fort Worth, Texas LINE r'"'_ Mayor and /� n/1A`, //�/JJ Communication �/,/y��/ p/f�/y/// BAILIFF Council Commuu kation GRAHAM DATE REFERENCE SUBJECT: PAGE BROWN NUMBER 11/8/77 G-3622 Ordinance Controlling Street Prostitution 1 of 2 PROSECUTING ATTUI:f4-y ____ — Background During the past few months certain locations in the City of Fort Worth have been plagued by an increase of prostitution activity involving so-called street pros- titutes. Businessmen as well as residents in these areas have complained of street prostitutes walking along the streets waving at passing motorists. Although officers in the Vice Control Unit of the Fort Worth Police Department have made numerous arrests, the problem continues to increase. These officers are unable to make arrests on known prostitutes simply because they are standing on the street waving at passing motorists. Under the Texas Penal Statutes an officer must determine that the prostitute did offer to commit some restricted act for a fee. This can only be accomplished by using officers in an undercover capacity or through the testimony of the persons solicited by the prostitute. A remedy to this problem is available through the passage of a City ordinance pro- hibiting so-called street prostitution. In order for the Fort Worth Police Department to effectively regulate the promo- tion of street prostitution, an ordinance must be passed authorizing the arrest of known prostitutes engaged in such acts. Provisions must be included which safeguard the citizens from unnecessary impositions arising from police action. The Department of Law has prepared a proposed ordinance setting out the following restrictions: "A person commits an offense if he loiters in a public place in a manner and under circumstances manifesting the purpose of inducing, enticing,soliciting or procuring another to commit an act of prostitution. Among the circumstances which may be considered in determining whether such purpose is manifested: that such a person is a known prostitute or a panderer, repeatedly beckons to, stops or attempts to stop motor vehicle operators by hailing, waving of arms, or any other bodily jesture. No arrests shall be made for a violation of this sub-section unless the arresting officer first affords such person an oppor- tunity to explain such conduct, and no one shall be convicted of violating this sub-section if its appears at trial that the explanation given was true and disclosed a lawful purpose. For the purpose of this section, a known prostitute or panderer is a person who within one year previous to the date of arrest for violation of this sec- tion, has within the knowledge of the arresting officer been convicted of prostitution, promotion or prostitution, aggravated promotion or prostitution, or compelling prostitution. A definition of prostitution in the Texas Penal Code shall apply to this sec- tion." A person found guilty under the provisions of this ordinance may be fined up to I i DATE REFERENCE SUBJECT: PAGE NUMBER ji/8/77 G-3622 Ordinance Controlling Street Prostitutio of 2— $200, Recommendation It is recommended that the City Council adopt the ordinance described above regulating the promotion of street prostitution. AJB:j c SUBMITTED BY: DISPOSITION Y COUNCIL: PROCESSED BY APPROVED ��1� OTHERR (DESCRIBE) AVlfs �:s � 'a,'1Z' ! 4o / 4 A CS CRETARY,Q1 DATE CITY MANAGER