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ORDINANCE NO. 5390
AN ORDINANCE AMENDING CHAPTER 27 OF THE
FORT WORTH CITY CODE (1964) OFFENSES—
MISCELLANEOUS BY ADDING THERETO SECTION
27-39 MAKING IT AN OFFENSE TO INSTALL
BOOBY-(TRAPS IN ANY PREMISES IN THE CITY
OF FORT WORTH; PROVIDING A PENALTY; MAKING
THIS ORDINANCE CUMULATIVE OF PRIOR ORDI—
NANCES; REPEALING CONFLICTING ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; DECLARING
THE ENFORCEMENT OF SAID CHAPTER 27 TO BE
GOVERNMENTAL; AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH:
SECTION 1.
That Chapter 27 of the Fort Worth C'ity.Code (1964) is hereby amended
by adding thereto Section 27=39, and after being so amended said Section
27-39 shall be and read as follows:
"Sec. 27-39. Booby--Traps and similar devices prohibited.
"It shall be unlawful for any person to install any
device or booby trap of any kind, in or upon any premises
in the City of Fort Worth designed to do bodily harm to
any person entering into or upon said premises;. provided,
however; that this ordinance shall not apply to the in—
stallation of tear gas devices installed on.safes, vaults,
cabinets and vending machines, which are activated only
when such equipment is opened by unauthorized persons."
SECTION 2.
Any person, firm,' corporation.or any agent or employee thereof who
violates. any of the provisions of this ordinance shall be deemed guilty of
a misdemeanor and, upon conviction thereof, shall be fined not.to exceed
Two Hundred and No/100 Dollars ($200.00) for each offense. Each day that
a violation is permitted to exist shall constitute a separate offense.
SECTION 3.
This ordinance shall be and is.hereby declared to be cumulative of
all other ordinances' of the City of Fort Worth prohibiting the installa—
tion of booby—traps or other devices designed to do bodily harm, and this
ordinance shall not operate to repeal or affect any_of such-other ordinances
except insofar as the provisions thereof may be-inconsistent or in conflict
with the provisions'of this ordinance, in'which event such conflicting pro—
visions,'if any;: in such other ordinance or ordinances are hereby.repealed.
SECTION 4.
If any section, subsection, sentence, clause or phrase of this ordi—
nance is for any reason held to be unconstitutional, such holding shall
not effect the validity of the remaining portions of this ordinance, and
the remainder of this ordinance not so held to be unconstitutional shall
continue to be in full force and effect.
SECTION 5.
All of the regulations provided in said Chapter 27 of. the Code of
the City of Fort Worth are hereby declared to be governmental and for the
health, safety and welfare of the general public. Any member of the City
Council, any city official or employee charged with the enforcement of this
ordinance, acting for the City of Fort Worth under the charge of his duties,
shall not thereby render himself personally liable, and he is hereby re—
lieved from all personal liability, for any damage that might accrue to
persons or property as the result of any act required or permitted in the
discharge of. his said duties.
SECTION 6.
This ordinance shall be in full force and effect from and after the
date of its passage.and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
S. G. Johndroe,Jr.
City Attorney
City of Dort Worth, Texas
Mayor and Council Communication
DATE REFERENCE SUBJECT: Ordinance Prohibiting Instal- PAGE
NUMBER lation of "Booby-Traps" in
5/31/65 G-804 the City i or
Transmitted herewith is a proposed amendment to the Fort Worth City Code which
prohibits the installation of "booby-traps" and similar devices that are de-
signed to do bodily harm to persons entering the premises of any property in
the City of Fort Worth. The ordinance is recommended by the Fire and Police
Departments for the protection of personnel who may need to enter the premises
for the purpose of fighting fires or protecting life and property in an emer-
gency. .
Investigations by the Fire and Police Departments have determined that there
are at least six known locations within the city where such devices have been
installed in recent months, and caused one death and two injuries. Several
other devices are known to exist at this time, but property owners have failed
to respond voluntarily to requests by the City to remove the hazards .
It is recommended that the attached ordinance be adopted amending the Fort
Worth City Code (1964) by adding Section 27-39 which prohibits the installa-
tion of "booby-traps" or similar devices on the premises of any property in
the City of Fort Worth.
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SUBMITTED BY: DISPOS T(ON BY COUNCIL: PROCESSED BY
APPROVED OTHER (DESCRIBE) 4�46
CITY SECRETARY
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CITY MANAGER G���JI