HomeMy WebLinkAboutOrdinance 7211ORDINANCE NO.— I r f/
AN ORDINANCE AMENDING CHAPTER 27 (MISCELLANEOUS
OFFENSES) OF THE CODE OF THE CITY OF FORT WORTH,
(1964), AS AMENDED; BY ADDING A NEW SECTION
THERETO DESIGNATED AS SECTION,27 -38, PROHIBITING
LOITERING FOR THE PURPOSE OF BEGGING; MAKING
THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES;
REPEALING ALL ORDINANCES AND PROVISIONS OF THE
FORT WORTH CITY CODE IN CONFLICT HEREWITH; A
SEVERABILITY CLAUSE; PROVIDING A PENALTY; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS:
SECTION 1.
That Chapter 27 of the Fort Worth City Code (1964), as
amended, be and the same is hereby amended by adding a new
section thereto, designated as Section 27 -38 which Section
shall read as follows:
"It shall be unlawful for any person to loiter,
remain, or wander about in a public place for
the purpose of begging. As used in this section,
begging means the solicitation of money or other
valuable consideration from another person without
giving consideration in return."
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, 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ordinances and such Code are hereby repealed.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 or 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 ordinances
which have accrued at the time of the effective date of this
ordinance; and, as to such accrued violations and all pend-
ing 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 un-
constitutional by the valid judgment or final decree of a
court of competent jurisdiction, such voidness, or ineffec-
tiveness 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
punishable by a fine of not less than one dollar ($1.00)'
nor more than two hundred dollars ($200.00).
SECTION 6.
That this ordinance shall be in full force and effect
from and after the date of its passage and publication, as
required by law, and it is so ordained.
F-71 Woman a Man M A09
M ZeRrul WNFIM my me
00T22--1
S. G. Johndroe, Jr., City Attorney
ADOPTED:
EFFECTIVE
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City ®f Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE SUBIECT: PAGE
NUMBER Proposed Anti begging
G-2780 Ordinance I of 2
As a result of numerous court decisions over the past decade, the City of
Fort Worth has been without a vagrancy ordinance for the last few'years.
This situation has created an enforcement problem in the Police Department
as it is impossible to control begging in a public.place. Several local
citizens have recently reported problems in th1s.ragard to the Police
Department, which is powerless to act since there is no:.ordinance con-
trolling this activity.
It is proposed that Chapter 27 (Miscellaneous Offenses) of the Code of
Fort Worth be amended, adding Section 27-38, prohibiting loitering for
the purpose of begging. This ordinance would contain the following sections:
Section 1
That Section 27-38 read as follows:
"It shall be unlawful for- any person to loiter,. remal n,
or wander about in a public place for the purpos:e. of
begging. As.used in this section, begging means the
solicitation of money or other valuable consideration
from another person without giving consideration in
return."
Section 2
That this ordinance is cumulat-ive of -- al.-l- -p*.rnV:i. ±niMr*.,aff. oxdxnances
of the City Code, and when in .-confli-.ct-,,vith,--oth*-ex-- provisions of
ordinances, such ordinances are repealed.
Section 3
That all actions now pending under-- current- ordinances are not
affected by the passage of this ordinance.
Section 4
That if any section of the proposed ordinance is declared.void
it shall not affect any of the remaining sections of this
ordinance.
Section 5
That the penalty for violating any provision of this ordinance-
shall be a fine of not less than one dollar ($1.00) nor more
than two hundred dollars ($200.00).