Chapter 15 OFFENSES AND MISCELLANEOUS PROVISIONS*

Transcription

1 Chapter 15 OFFENSES AND MISCELLANEOUS PROVISIONS* ART I In General, ART. II Firearms, ART.III Reserved, ART. IV Alcohol and Alcoholic Beverages, ART. V Abandoned, Derelict, Etc. Property, ART. VI Juvenile Curfew, ART. VII Miscellaneous Fees, ART. VIII Illegal Smoking Material, ART. IX Sexually Oriented Businesses, ARTICLE I. IN GENERAL Sec Unreasonable noise prohibited; permit for sound devices on vehicles. (a) Any person using, operating or permitting to be played, used or operated any radio, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising, political advertising or attracting the attention of the public, or the yelling, shouting or singing on the public streets for any purpose, in a way to annoy or disturb the quiet, comfort or repose of the persons of reasonable sensibilities in any office, business house, dwelling or hotel shall be guilty of a misdemeanor. (b) It shall be unlawful to play, operate or use any device known as a sound truck, loudspeaker or sound amplifier, radio or phonograph, with loudspeaker or sound amplifier or any instrument of any kind or character which emits loud and raucous noises and is attached to and upon any vehicle unless such person in charge of such vehicle shall have first applied to and received permission from the chief of police to operate the vehicle so equipped. (Code 1960, 6-1-7, ) Sec Abandoned refrigerators. It shall be unlawful for any person to leave or permit to remain outside of any dwelling, building or other structure, or within any unoccupied or abandoned building, structure or dwelling under his control, in a place accessible to children, any abandoned, unattended or discarded icebox, refrigerator or other container which has a door or lid, snaplock or other locking device which may not be released from the inside, without first removing the door or

2 lid, snaplock or other locking device. (Code 1960, 6-5-1) *Charter reference-power of city council to exercise police power by ordinance, 3.11(0). State law reference-police power of city, Vernon's Ann. Civ. St. arts. 1011, 1175(34). Sec Concealed weapons. It shall be unlawful for any person to carry concealed upon his person any brass knuckles, revolver, pistol, dagger, stiletto or other deadly weapon. (Code 1960, 6-4-2) Sec Curfew for City Park and Mary Bethune Park; exempted activities; penalty. (a) A curfew is established for the City Park and Mary Bethune Park of 10:30 p.m. in the evening until 6:00 a.m. the following morning. (b) The following activities shall be exempted from said curfew: (1) All activities or events approved and scheduled through the City of Crockett Parks and Recreation Department. (2) Athletic events in either the football or baseball stadiums. (3) Scheduled activities in the Lions Club Rodeo Arena. (4) A primitive tent campground is established directly east of the pond and south of the municipal pool in the City Park. A plat of the campsite is described in the attached exhibit, which is incorporated by reference. The campground will consists of six (6) tent sites, as well as water and cooking grill facilities. Overnight camping is authorized, by permit only, in the primitive tent campground. Campers must remain in the primitive tent campground and the restrooms located at the main pavilions during curfew hours. The remainder of the park is off limits except for activities listed in subsections (b)(1) through (3) above. Campsites will only be permitted for groups under the supervision of an adult at least twenty-one (21) years of age. Permits may be acquired from the City of Crockett Water Office at City Hall during normal business hours. (c) Any person found to be violating the hereinabove curfew shall be deemed guilty of a misdemeanor and may be fined the sum of not more than five hundred dollars ($500.00). (Ord. No , 1-3, ; Ord. No , I, ) Cross reference-juvenile curfew, et seq. Sec Smoking prohibiting in enclosed public places and public transit, and smoking and the use of smokeless tobacco products prohibited in buildings and motor vehicles owned, leased or rented by the city.

3 (a) There shall be no smoking or use of smokeless tobacco products in any building or motor vehicle owned, leased or rented by the city. (b) Appropriate signs shall be posted by or at the direction of the city administrator in each building and motor vehicle owned, leased or rented by the city warning that there shall be no smoking or use of smokeless tobacco products therein. (c) Smoking is prohibited in all enclosed public places within the city, including, but not limited to the following places: (1) Elevators; (2) Buses, taxicabs, and other means of public transit under the authority of the city and ticket, boarding, and waiting areas of public transit depots; (3) Restrooms; (4) Service lines; (5) Retail stores; (6) All areas available to and customarily used by the general public in all businesses and nonprofit entities patronized by the public, including, but not limited to, attorneys' offices and other offices, banks, laundromats, hotels and motels; (7) Restaurants; (8) Public areas of aquariums, galleries, libraries and museums; (9) Any facility which is primarily used for exhibiting any motion picture, stage, drama, lecture, musical recital, or other similar performance, except when smoking is part of a stage production; (0) Sports arenas and convention halls; (11) Every room, chamber, place of meeting or public assembly, including school buildings, under the control of any board, council, commission, committee, including joint committees, or agencies of the city or any political subdivision of the state; (2) Waiting rooms, hallways, wards, private and semi-private rooms of health facilities, including, but not limited to, hospitals, clinics, physical therapy facilities, doctor's offices and dentist's offices; (13) Lobbies, hallways, and other common areas in apartment buildings, condominiums, retirement facilities, nursing homes, and other multiple-unit residential facilities; (14) Lobbies, hallways, and other common areas in multiple-unit commercial facilities; and (5) Polling places. (d) Notwithstanding any other provision of this section to the contrary, the following areas shall not be subject to the smoking restrictions of this section: 0) Designated areas in restaurants and bars that are completely enclosed except for doorways and served by a separate air conditioning system.

4 (2) Designated areas in places of employment that are completely enclosed except for doorways and served by a separate air conditioning system and where nonsmoking employees are not required to go. (3) Private residences, except when used as child care or health care facilities. (4) Retail tobacco stores. (5) Hotel and motel rooms designated by the owner of the hotel or motel as smoking rooms on a smoking floor. (e) Any restaurant, bar, or business that elects to designate a portion of the establishment for smoking must post a prominently displayed reasonably sized notice at each entrance to the area. (f) Notwithstanding any other provision of this section, any owner, operator, manager, or other person who controls any establishment described in this section may declare that entire establishment as a smoking establishment. Any restaurant, bar or business that elects to designate the entire establishment for smoking must post a prominently displayed reasonably sized notice at each entrance to the establishment. (g) All notices required by this section must be at least eight and one-half (8112) inches by eleven (11) inches in size, with letters at least one (1) inch in height. (h) Enforcement of this section shall be implemented by the city administrator. (i) Any citizen who desires to register a complaint under this section may initiate enforcement with the city administrator. (j) The fire department shall require, while an establishment is undergoing otherwise mandated inspections, a "self-certification" from the owner, manager, operator, or other person having control of such establishment that all requirements of this section have been complied with. (k) Notwithstanding any other provision of this section, a private citizen may bring legal action to enforce this section. (l) No person or employer shall discharge, refuse to hire, or in any manner retaliate against any employee or applicant for employment because such employee or applicant exercises any right to a smoke-free environment afforded by this subsection. This subsection does not apply to a smoking establishment designated under subsection (f). (m) The city administrator shall engage in a continuing program to explain and clarify the purposes and requirements of this subsection to citizens affected by it, and to guide owners, operators and managers in their compliance with it. Such program may include publication of a brochure for affected businesses and individuals explaining the provisions of this subsection. (n) This subsection shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.

5 (0) Any violation of any provision of this section is punishable by a fine of not more than five hundred dollars ($500.00) per violation. (Ord. No. 0-9C-96, I, ; Ord. No , 1,2-6-06; Ord. No , 1,8-7-06) Editor's note-ord. No. 0-9C-96, I, adopted Sept. 23,1996, amended Ord. No , 1,2, adopted Dec. 7, 1987, in its entirety, provisions of which were formerly set out as 15-5 Of the Code. Former 15-5 pertained to smoking and the use of smokeless tobacco products in the city hall and civic center. The provisions of Ord. No. 0-9C-96 have been included herein as a new 15-5 at the discretion of the editor. Sec Facility use fees. (a) Agricultural arena fees. Usage fees: (1) Commercial (for profit), per calendar day or any part thereof or 10% of gross salary whichever is greater, admission, etc... $ (2) Nonprofit (sales or admission), per calendar day or any part thereof (3) Not-for-profit group (no sales or admissions), per calendar day or any part thereof (4) Individual or Business (no ticket sales or admission) (5) Local youth groups (not for profit and sales or admissions), per calendar day or any part thereof (6) Hourly practice rate to practice horsemanship in the arena /hour (7) Horse Stall rental /day (If user handles rentals, they get 112 of rental fee) Setup and cleanup All actual costs to be reimbursed to city to include watering of arena, etc. User pays for cost of cleanup. Minimum $50.00, and actual costs above $ Livestock sales fee % of gross sales; $1, minimum for more than 50 head; less than 50-head minimum charge is $1, Usage fee deleted for livestock sales.

6 Deposit Equal to 1 day usage fee. Refundable except for damage or cleanup expense. Youth/agricultural education groups shall be exempt from deposit; however, facility shall be cleaned by group or at their expense, or privilege of building use will end. (b) Civic center rates. Usage fees: All Facilities Foyer Area (1) Commercial (for profit), per calendar day or any part thereof or 10% of gross receipts, whichever is greater, admission, etc... $ $ (2) Nonprofit (sales or admission), per calendar day or any part thereof $ $ (3) Not-for-Profit group or individual (no sales or admissions), per calendar day or any part thereof $ $ (4) Not-for-profit youth group or church activities (no sales or admissions), per calendar day or any part thereof $ $ Deposit: Non-alcohol events $ Refundable except for damage and cleaning expense Alcohol served $ Refundable except for damage and cleaning expense Setup and cleanup Setup and cleanup costs for tables, chairs and other items are as follows: Setup/Rehearsal $ Kitchen costs $25.00/day Janitorial $150.00/day Portable PA $50.00/day Tables/Chairs and Bleachers Tables w/8 Chairs $4.00/table with 8 chairs Table cloths $12.00/cloth Bleachers setup $100.00

7 Sound and Lights Contact operator approved by city for cost (c) Other fees and policies for both facilities. Security personnel, per hour, per person.... $17.50 Concessions City controls concessions, with the exception that a nonprofit organization can provide concessions. Concessionaire space (1) County resident or business, per space. $30.00 (2) Non-county resident or business, per space $50.00 Youth and church activities...these limited events shall not be scheduled more than 30 days in advance. The city reserves the right to charge for significant, related expenses, such as utilities, setup, and cleanup costs. Ag Arena concession stand (completed by Crockett Lions Club in 1996), per day.... $ Additionally, there shall be paid to the city prior to the use of the concession stand an additional sum of $ as a deposit to assure proper use of the concession stand and the building and related facilities. If there is any damage to the concession stand, building or related facilities due to the use thereof by the operator, the sum of $ deposited shall be applied toward repair of the damage. Any balance remaining after the payment of damages shall be returned by the city within 30 days after the cessation of the use of concession stand by the operator. (d) Liability insurance for both facilities. Insurance requirements for the use of these facilities shall be determined by the type of activity. Certificates of insurance for five hundred thousand dollars ($500,000.00) will be accepted if the user has a current policy for the requested event. Rodeos, youth ranch rodeos, adult ranch rodeos, and any Ag Arena event which sells tickets, regardless of the expected attendance, will require five hundred thousand dollars ($500,000.00) in insurance

8 coverage. Insurance may be waived or reduced in coverage amount on a case by case basis for roping or horse shows where there are no admissions and normally only family spectators. Other users of these facilities must acquire this same amount of insurance for the number of days of facility use. Insurance will be issued based on the type of event. While using or occupying the facilities, the user agrees to save and hold harmless the city, public officials and employees of the city from any and all losses, claims, damages or causes of action arising out of the use or occupancy of the facilities. (Ord. No. 0-9B-88, 1,9-6-88; Ord. No. 0-10C-88, ; Ord. No , 1, ; Ord. No , I, II, ; Ord. No. 0-09C-05, I, ; Ord. No. 0-09B-I0, I, ) Sec Reserved. Editor's note-ord. No , I, adopted Oct. 2, 2006, repealed 15-7, which pertained to loitering and derived from Ord. No , 1-3, adopted June 18,2001. Secs Reserved. ARTICLE II. FIREARMS Sec Defined. The term "firearms", as used in this article, shall mean any instrument used to propel any shot, shell or bullet or other harmful objects by the action of gunpowder exploded within it, or by the action of compressed air within it, or by the power of springs and including what are commonly known as air rifles and BB guns. (Code 1960, 6-4-1) Sec Discharge prohibited. It shall be unlawful for any person to discharge firearms of any kind or description within the city; provided, however, that this section shall not apply to police officers in the discharge of their duties. (Code 1960, 6-4-3) Sec Permits. The city council may, at any time, upon receipt of a proper application, grant permits to shooting galleries, gun clubs and others for shooting in fixed localities and under specified rules. The permits shall be in writing attested by the city secretary and shall conform to such requirements as the city council shall demand,

9 and the permit thus issued shall be subject to revocation at any time by action of the city council. (Code 1960, 6-4-4) Sec Carrying of concealed handguns by license holders prohibited on city premises. (a) Prohibited. No person who holds a license to carry a concealed handgun issued by the Texas Department of Public Safety may carry a concealed handgun on city premises. Any license holder violating this prohibition shall be referred to the appropriate authorities for prosecution for the crime of criminal trespass. (b) "City premises" defined. The term "city premises" shall be defined as any building or other real property owned by the city or as to which the city is a lessee or licensee, except streets, sidewalks, driveways, parking areas and public parks. (c) "Building" defined. The term "building" shall be defined in the same manner as that term is defined in the Penal Code of the State of Texas, as now in existence and from time to time amended. (d) Posting of notices. The city administrator is authorized to cause to be posted appropriate notices prohibiting the carrying of handguns on city premises. (Ord. No , I, ) ARTICLE III. RESERVED Secs Reserved. ARTICLE IV. ALCOHOL AND ALCOHOLIC BEVERAGES Sec Consumptions of alcohol in public places. (a) Prohibited. It shall be unlawful for any person to consume alcoholic beverages in any public place within the city limits of the City of Crockett, Texas. (b) Public place defined. The term public place shall be defined as any place to which the public has access and includes, but is not limited to, common streets, highways, alleyways and parking lots. The term "public place" does not include the Crockett Civic Center and the Porth Agricultural Arena during a time when prior permission from the city to serve alcoholic beverages has been granted. The term "public place" does not include a private business. (c) Penalty. Anyone guilty of violating this section shall be fined not to exceed two hundred dollars ($200.00). (Ord. No , 1, ; Ord. No , I, ) Sec Mixed beverages late hours.

10 All holders of a mixed beverage late hours permit may also sell and offer for sale mixed beverages between midnight and 2:00 a.m. on any day. (Ord. No , I, ) Sec Prohibition of sale of alcoholic beverages near churches, hospitals, public and private schools, day care centers and child care facilities. (a) In this section: (1) Private school means a private school, including a parochial school, that: a. Offers a course of instruction for students in one (1) or more grades from kindergarten through grade twelve (12); and b. Has more than one hundred (100) students enrolled and attending courses at a single location. (2) Day care center means a child care facility that provides care for more than twelve (12) children under fourteen (14) years of age for less than twenty-four (24) hours a day. (3) Child care facility means a facility licensed, certified or registered by the Texas Department of Family and Protective Services to provide assessment, care, training, education, custody, treatment or supervision for a child who is not related by blood, marriage or adoption to the owner or operator of the facility, for all or part of the twenty-four-hour day, whether or not the facility is operated for profit or charges for the services it offers. (b) Alcoholic beverages may not be sold by a dealer whose place of business is within: (1) Three hundred (300) feet of a church, public or private school, or public hospital; (2) One thousand (1,000) feet of a public school, if the city council receives a request from the board of trustees of the school district under V.T.C.A. Education Code, ; or (3) One thousand (1,000) feet of a private school, if the city council receives a request from the governing body of the private school (c) The measurement of the distance between the place of business where alcoholic beverages are sold and the church or public hospital shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections. The measurement of the distance between the place of business where alcoholic beverages are sold and the public or private school shall be: (1) In a direct line from the property line of the public or private school to the property line of the place of business, and in a direct line across intersections; or (2) If the permit or license holder is located on or above the fifth story of a multistory building, in a direct line from the property line of the public or private school to the property line of the place of business, in a direct line across intersections,

11 and vertically up the building at the property line to the base of the floor on which the permit or license holder is located. (d) The city council may allow variances to the regulations of this section if it determines that enforcement of the regulation in a particular instance is not in the best interest of the public, constitutes waste or inefficient use of land or other resources, creates an undue hardship on an applicant for a license or permit, does not serve its intended purpose, is not effective or necessary, or for any other reason the city council, after consideration of the health, safety, and welfare of the public and the equities of the situation, determines is in the best interest of the community. (e) The provisions of this section prohibiting sale of alcoholic beverages by a dealer whose place of business is within one thousand (1,000) feet of a public or private school do not apply to the holder of: (1) A retail on-premises consumption permit or license if less than fifty (50) percent of the gross receipts for the premises is from the sale of service of alcoholic beverages; (2) A retail off-premises consumption permit or license if less than fifty (50) percent of the gross receipts for the premises, excluding the sale of items subject to the motor fuels tax, is from the sale or service of alcoholic beverages; or (3) A wholesaler's, distributor's, brewer's, distiller's and rectifier's, winery, wine bottler's, manufacturer's permit or license, or any other license or permit held by a wholesaler or manufacturer as those words are ordinarily used and understood in V.T.C.A. Alcoholic Beverage Code, ch CD The prohibition of sale of alcoholic beverages by a dealer whose place of business is within one thousand (1,000) feet of a private school does not apply to the holder of: (1) A license or permit issued under V.T.C.A. Alcoholic Beverage Code, chs. 27, 31 or 72, who is operating on the premises of a private school; or (2) A license or permit covering a premises where minors are prohibited from entering under V.T.C.A. Alcoholic Beverage Code, , and that it is located within one thousand (1,000) feet of a private school. (g) The prohibition of sale of alcoholic beverages by a dealer whose place of business is within three hundred (300) feet of a private school does not apply to the holder of: (1) A license or permit who also holds a food and beverage certificate covering a premises that is located within three hundred (300) feet of a private school; or (2) A license or permit covering a premises where minors are prohibited from entering under V.T.C.A. Alcoholic Beverage Code, , and that is located within three hundred (300) feet of a private school.

12 (h) This subsection applies only to a permit or license holder under V.T.C.A. Alcoholic Beverage Code, chs. 25, 28, 32, 69 or 74, who does not hold a food and beverage certificate: (1) Except as provided by this subsection, the provisions of this section relating to a public school also apply to a day care center and a child care facility. (2) The provisions of this section prohibiting sale of alcoholic beverages by a dealer whose place of business is within one thousand (1,000) feet do not apply to a day care center or child care facility. (3) This subsection does not apply to a permit or license holder who sells alcoholic beverages if: a. The permit or license holder and the day care center or the child care facility are located on different stories of a multi-story building; or b. The permit or license holder and the day care center or child care facility are located in separate buildings and either the permit or license holder or the day care center or child care facility is located on the second story or higher of a multi-story building. (4) This subsection does not apply to a foster group home, foster family home, family home, agency group home or agency home, as those terms are defined by v.t.c.a. Human Resources Code, (Ord. No , I, ) ARTICLE V. ABANDONED, DERELICT, ETC. PROPERTY Sec Nuisance declared; impoundment authorized. (a) Any personal property, other than a motor vehicle, which is placed, left standing, parked, erected or lying in violation of any ordinance, the Charter of the city or any state law; or left unattended for more than forty-eight (48) continuous hours in or on any public street, alley, sidewalk, public property or public place in the city; or which is placed, left standing, parked, erected or lying in or on any public street, alley or sidewalk in such a manner as to substantially interfere with, obstruct or constitute a barrier to vehicular or pedestrian traffic, is declared a public nuisance. Any such property when so found by the police officers of the city shall be removed or caused to be removed summarily to the police pound or any other place of impoundment designated by the city administrator. (b) Trash receptacles and newspaper and magazine vending machines on public sidewalks shall not be deemed obstructions under this section. (Ord. No , 1, ) Sec Notice to owner.

13 Within ten (10) days after any personal property is impounded under this article, the city shall notify the owner of such property and all lienholders, if their names and addresses be known, that such property has been impounded. (Ord. No , 1, ) Sec Lien on impounded property. A lien for all costs incurred in the impounding, storing and advertising for sale of personal property pursuant to this article shall exist and inure to the benefit ofthe city. Such lien shall be prior and superior to all other liens of every kind, save and except liens for ad valorem taxes, and the city may retain possession of such property until all costs are paid and may sell the same as provided in this article. (Ord. No , 1, ) Sec Redemption of impounded property. The owner or any person legally entitled to possession of any impounded personal property as provided for in this article may redeem the same as follows: (1) By paying to the city, before sale, the applicable fees set out in section 15-3l. (2) By paying to the buyer at the sale double the amount paid for such personal property, and any reasonable expenses incurred for keeping the same; provided, that the property shall be redeemed from the buyer within thirty (30) days after the date of the sale, excluding the date of sale; otherwise title to the property shall become absolute in the buyer. (Ord. No , 1, ) Sec Sale. (a) When any personal property, other than motor vehicles, is not redeemed within thirty (30) days after being impounded, the same may be sold in the manner designated by the city administrator. (b) Before selling any personal property as provided for in this article, the city shall post two (2) notices thereof, one (1) at the county courthouse door and one (1) at the entrance of the city hall, and shall cause a copy thereof to be published in a daily newspaper published in the city once a week for two (2) consecutive weeks, the date of the first publication to be at least fourteen (14) days prior to the day of the sale. The notice of sale shall describe the impounded property, state that the same is unredeemed, state that the same will be sold, designate the place of sale, the manner of sale, and state a time and date of sale which shall not be less than fourteen (14) days from the date of the first posting of such notices. (c) When any impounded property is not redeemed by the date and time designated in the notice of sale, the city shall sell such property in the manner designated by the city administrator, and execute a bill of sale of such property to the purchaser

14 thereof; provided, that he shall not execute or deliver any but a conditional bill of sale until the title of the buyer has become absolute by an expiration of thirty (30) days in time, exclusive of the day of sale, without being redeemed by the owner of the impounded property. (Ord. No , 1, ) Sec Disposition of proceeds of sale. After deducting the fees to which the city is entitled pursuant to section 15-31, the city shall hold the balance of the proceeds of such sale, if any, to pay the same to the owner of the property. If the owner fails to call for such proceeds within thirty (30) days, they shall belong to the city. (Ord. No , 1, ) Sec Fee for impounding and storage. The fee for impounding and storage shall be fifty cents ($0.50) a day per item of personal property. (Ord. No , 1, ) Sec Reserved. ARTICLE VI. JUVENILE CURFEW* Sec Definitions. In this article: Curfew hours means the hours between 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday and 5:30 a.m. of the following day and the hours between 12:00 midnight on any Friday or Saturday and 5:30 a.m. of the following day. Emergency means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes a medical emergency or any situation requiring immediate action to prevent serious bodily injury or loss of life. Establishment means any privately owned place of business operated for profit to which the public is invited, including, but not limited to, any place of amusement or entertainment. Guardian means a person who, under court order, is the guardian of the person of a minor or a person or public or private agency with whom a minor has been placed by a court. Minor means any person under seventeen (17) years of age.

15 Operator means any person, firm, association, partnership or corporation operating, managing or conducting any establishment. The term includes the members and partners of an association or partnership and the officers of a corporation. *Cross references-curfew for City Park and Mary Bethune Park; exempted activities; Parent means: (1) A person who is a natural parent, adoptive parent or step-parent of a minor; or (2) A person who is at least twenty (20) years of age and is authorized by a natural parent, adoptive parent, stepparent or guardian of a minor to have the care and custody of a minor. Premises means a building, a portion of a building or a private driveway, street, sidewalk, walkway, parking lot, parking garage or other private parking area. Public place means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, parks and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops. Serious bodily injury means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ. (Ord. No , 1, ; Ord. No , 1,4-5-10) Sec Offenses. (a) A minor commits an offense if he is present in a public place or on the premises of any establishment within the city limits of Crockett, Texas during curfew hours. (b) A parent or guardian of a minor commits an offense if he knowingly permits, or by insufficient control allows, the minor to be present and unaccompanied by a parent or guardian in any public place or on the premises of any establishment during curfew hours. (c) The owner, operator, or any employee of an establishment commits an offense if he knowingly allows a minor to be present upon the premises of the establishment during curfew hours. (Ord. No , 2, ; Ord. No , 2, ) Sec Defenses. (a) It is a defense to prosecution under subsection 15-52(a) that the minor was: (1) Accompanied by the minor's parent or guardian; (2) On an errand made necessary by an illness, injury or emergency; (3) On an errand at the direction of the minor's parent or guardian without any detour or stop;

16 (4) In a motor vehicle involved in interstate, inter-city or inter-county travel; (5) Involved in an emergency; (6) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop; (7) On the sidewalk abutting the residence of the minor's next door neighbor if the neighbor did not complain to the police department about the minor's presence; (8) Attending an official school, religious, or other recreational activity supervised by adults or the City of Crockett, a civic organization, or other similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the City of Crockett, a civic organization, or other similar entity that takes responsibility for the minor; (9) Exercising First Amendment rights protected by the United States Constitution, such as free exercise of religion, freedom of speech, and the right of assembly; or (10) Married or had been married or had disabilities of minority removed in accordance with Y.T.C.A. Texas Family Code, ch. 31. (b) It is a defense to prosecution under subsection 15-52(c) that the owner, operator, or employee of an establishment directed the minor to leave the establishment and promptly thereafter notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave. (Ord. No , 3, ; Ord. No , 3, ) Sec Enforcement. Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense under section is applicable. (Ord. No , 4, ; Ord. No , 4, ) Sec Juvenile curfew processing office. The Chief of Police of the City of Crockett, Texas is hereby directed to designate a juvenile curfew processing office. The juvenile curfew processing office must be an office that is an unlocked, multipurpose area that is not designated, set aside or used as a secure detention area or part of a secure detention area, and it may not be designated or intended for residential purposes. (Ord. No , 5, ; Ord. No , 5, )

17 Sec Procedures for police officer taking a minor into custody for violation of this article. (a) A police officer taking into custody a person under seventeen (17) years of age for violation of this article shall, without unnecessary delay: (1) Release the minor to the minor's parent, guardian or custodian; (2) Take the minor before the municipal court to answer the charge; or (3) Take the minor to the juvenile curfew processing office designated by the Chief of Police of the City of Crockett, Texas. (b) The minor may not be secured physically to a cuffing rail, chair, desk or stationary object. (c) The minor may not be held in the juvenile curfew processing office longer than necessary to accomplish the purposes of identification, investigation, processing and release to parents, guardians or custodians or arrangement of transportation to school or court. (d) The minor must be under continuous visual supervision by a peace officer or other adult during the time the minor is in the juvenile curfew processing office. (e) A minor may not be held in the juvenile curfew processing office for more than six (6) hours. (Ord. No , 6, ; Ord. No , 6, ) Sec Penalty. (a) A person who violates a provision of this article is guilty of a separate offense for each day or part of a day during which the violation was committed. (b) Each offense, upon conviction, is punishable by a fine not to exceed five hundred dollars ($500.00). (Ord. No , 7, ; Ord. No , 7, ) Sec Review of this article. Before the third anniversary of the date of the adoption of this juvenile curfew ordinance codified in this article, by the City of Crockett, Texas, and every third year thereafter, the city council shall: (1) Review this article's effects on the community and on problems the article was intended to remedy; (2) Conduct public hearings on the need to continue this article; and (3) Abolish, continue or modify this article. (Ord. No , 8, ; Ord. No , 8, ) Sec Reserved.

18 ARTICLE VII. MISCELLANEOUS FEES Sec House moving fees. (a) No person shall move a house or other building on, along or across any street in the City of Crockett, Texas, without first obtaining a permit from the code enforcement officer. (b) The fee for such a permit shall be fifty dollars ($50.00) for each day or portion thereof that any of the city streets are so used. (Ord. No. 0-10D-02, I, ) Sec Fees for burn permits. (a) No person shall engage in any outdoor burning in the City of Crockett, Texas, without having first received a permit from the code enforcement officer. (b) The fee for each day of burning shall be five dollars ($5.00). (Ord. No. 0-10D-02, II, ) Sec Fees for sale of mulch. The price for each three-yard scoop of mulch sold by the city shall be ten dollars ($10.00). (Ord. No. 0-10D-02, III, ) Sec Fees for sale of sludge. The price for each yard of sludge sold by the city shall be two dollars ($2.00). (Ord. No. O-lOD-02, IV, ) Sees Reserved. ARTICLE VIII. ILLEGAL SMOKING MATERIAL Sec Definitions. Illegal smoking material shall mean any substance, however marketed, which can reasonably be converted for smoking purposes whether it is presented as incense, tobacco, herbs, spices or any blend thereof if it includes any of the following chemicals or a comparable chemical: (1) Salvia divinorum or salvinorin A; all parts of the plant presently classified botanically as salvia divinorum, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts, derivative, mixture or preparation of such plant, its seeds or extracts; or (2) 2-11R, 3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl) phenol (also known as CP47, 497) and homologues; or

19 (3) (6aS, 10aS)-9-(hydroxymethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7, 10, 10atetrahydrabenzo Ic] chromen-1-o1 (also known as HU-211 or Dexanabinol); or (4) 1-pentyl-2-Cl-naphthoyl) indole (also known as JWH-018); or (5) 1-butyl-3-(1-naphthoyl) indole (also known as JWH-030); or (6) 1-pentyl-3-(4-methoxynaphthoyl) indole (also known as JWH-081). Products containing some or all of the above substances are currently being marketed under the following commercial names: IK-2", "K-2 Summit", "K-2 Sex", "Genie", "Dacents", "Zohai", "Sage", "Spice", "Ko Knock-Out 2", "Spice Gold", "Spice Diamond", "Yucatan Fire", "Solar Flare", "Pep Spice", "Fire N' Ice", and "Salvia Divinorum". Any product containing any of the chemical compounds set forth above shall be subject to the provisions of this article, regardless of whether they are marketed under alternative names. Illegal smoking material paraphernalia shall mean any paraphernalia, equipment or utensil that is used or intended to be used in smoking, ingesting or inhaling illegal smoking materials and shall include, but is not limited to the following: (1) A metal, wooden, acrylic, glass, stone, plastic or ceramic pipe with or without a screen, permanent screen, hashish head, or punctured metal bowl; (2) A water pipe; (3) A carburetion tube or device; (4) A smoking or carburetion mask; (5) A chamber pipe; (6) A carburetor pipe; (7) An electric pipe; (8) An air-driven pipe; (9) A chillum; (10) A bong; or (11) An ice pipe or chiller. (Ord. No. 0-09H-I0, I, ) Sec Illegal smoking materials; purpose. The purpose of this article is to prohibit the sale or delivery of illegal smoking materials as defined within the city limits of the City of Crockett, Texas, and to prohibit the possession of illegal smoking materials within the city limits of the City of Crockett, Texas. Any form of delivery to include a simple gift constitutes a violation of this article. (Ord. No. 0-09H-I0, I, ) Sec Sale, delivery, offer or gift.

20 It shall be unlawful for any person to sell, offer to sell, deliver to or to give any illegal smoking material to any person. (Ord. No. 0-09H-I0, I, ) Sec Use or possession of illegal smoking material. It shall be unlawful for any person to have in his/her possession or to use illegal smoking materials within the corporate limits of the City of Crockett, Texas. (Ord. No. 0-09H-1O, I, ) Sec Use or possession of illegal smoking paraphernalia. It shall be unlawful for any person to have in his/her possession any illegal smoking paraphernalia with the intent to use it, to smoke, ingest, inhale or otherwise consume illegal smoking material. It is a violation of this section, if a person is found in possession of illegal smoking paraphernalia and appropriate forensic testing is done on the paraphernalia showing traces of illegal smoking material are present on the illegal smoking paraphernalia. (Ord. No. 0-09H-I0, I, ) Sec Affirmative defenses to prosecution. (a) It shall be a defense to prosecution for a violation of this article if the possession or use of the illegal smoking material is at the direction or under a prescription issued by a licensed physician or dentist authorized to prescribe controlled substances within the State of Texas. (b) It shall be a defense to prosecution for a violation of this article if the sale, use or possession of the illegal smoking material was in conjunction with ornamental landscaping and used solely for that purpose. (c) It shall be a defense to prosecution for a violation of this article if an individual charged with violation can provide proper and complete historic documentation that the possession or use of such materials is a portion of a religious undertaking or activity of a religious denomination which has long standing historic membership supported by documentation from clergy or a spiritual leader recognized by the State of Texas. (Ord. No. 0-09H-1O, I, ) Sec Penalty. Violations of sections and of this article shall be subject to a penalty of up to five hundred dollars ($500.00) for each offense. Allegation and evidence of a culpable mental state shall not be required for a proof of an offense under sections and Violations of section shall be subject to a penalty of up to two thousand dollars ($2,000.00) for each offense. Allegation and

21 evidence of a culpable mental state shall be required for proof of an offense under section The penal provisions in this article shall not prevent the City of Crockett from filing suit to enjoin a violation of this article. (Ord. No. 0-09H-1O, I, ) Sees Reserved. Chapter 15.5 SEXUALLY ORIENTED BUSINESSES Sec Purpose. (a) It is the purpose of this chapter to regulate sexually oriented businesses to promote the health, safety, morals and general welfare of the citizens of the city, and to establish reasonable and uniform regulations. These regulations prevent concentration of sexually oriented businesses within the city and prevent the establishment of these types of businesses near sensitive areas. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. (b) The city council finds that sexually oriented businesses, because of their very nature have a deleterious effect on both the existing businesses around them and surrounding residential areas adjacent to them, causing increased crime and the downgrading of property values. Numerous studies, reports and findings concerning the harmful effects of sexually oriented businesses on surrounding land uses and neighborhoods have been produced. (c) It is the intent of the city council that the regulations of this chapter are promulgated pursuant to Chapter 243, Texas Local Government Code. Sec Definitions. [For the purposes of this chapter, the following words, terms and phrases shall have the meanings ascribed to them in this section:] Adult arcade means any place to which the public is permitted or invited where coin operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images to five (5) or fewer persons per machine. Or anyone time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.

22 Adult bookstore or adult video store means a commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration anyone (1) or more of the following: (1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which depict or describe specified sexual activities or specified anatomical areas, or (2) Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities. Adult cabaret means a nightclub, bar, restaurant or similar commercial establishment which regularly features: (1) Persons who appear in a state of nudity; or (2) Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or (3) Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas. Adult motel means a hotel, motel or similar commercial establishment which: (1) Offers, as it principal business, accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or (2) Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or (3) Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten (10) hours. Adult motion picture theater means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas. Adult theater means a theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities. Chief building official means the chief building official of the city or his designated agent. Chief of police means the chief of police of the city or his designated agent.

23 Escort means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately perform semi-nude modeling or a striptease for another person. Escort agency means a person or business association who furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes for fee, tip or other consideration. Establishment means and includes any of the following: (1) The opening or commencement of any sexually oriented business as a new business; (2) The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business; (3) The addition of any sexually oriented business to any other existing sexually oriented business; or (4) The relocation of any sexually oriented business. Licensee means a person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license. Licensed day care center means a facility licensed by the State of Texas, whether situated within the city or not, that provides care, training, education, custody, treatment or supervision for more than twelve (12) children under fourteen (14) years of age, where such children are not related by blood, marriage or adoption to the owner or operator of the facility, for less than twenty-four (24) hours a day, regardless of whether or not the facility is operated for a profit or charges for the services it offers. Nude model studio means any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. Nudity or a state of nudity means the showing of: (1) Human male or female genitals or pubic area with less than a fully opaque covering; or (2) Any portion of the anal cleft or cleavage of the male or female buttocks. Attire that is insufficient to comply with this requirement includes, but is not limited to, G-strings, T-backs, thongs, and any other clothing or covering that does not completely and opaquely cover the anal cleft or cleavage of the male or female buttocks; or (3) The portion of the human female breast directly or laterally below a point immediately above the top of the areola with less than a fully opaque covering; this definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited