HomeMy WebLinkAboutPublic Disturbance Ordinance No. 700 1970 ORDINANCE NO. 700
AN ORDINANCE DEFINING TERMS; OUTLINING PROCEDURE TO PUT DOWN PUBLIC
DISTURBANCES; AUTHORIZING MAYOR TO EXERCISE BROAD POWERS; PROVIDING
FOR NOTICE OF ORDERS; SPECIFYING OFFENSES; PROVIDING PENALTIES FOR THE
VIOLATION OF SUCH OFFENSES IN CONNECTION WITH THE SUPPRESSION OF ANY
RIOT, PUBLIC DISTURBANCE OR DISORDERLY ASSEMBLY IN ANY PUBLIC OR
PRIVATE PLACE WITHIN THE CITY OF COLLEGE STATION; PROVIDING A SAVINGS
CLAUSE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; AND DECLARING AN EMERGENCY.
This Ordinance shall be known and may be cited as the "Public Disturbance
Ordinance" of the City of College Station, Texas.
WHEREAS, Section 21 of Article 1015, Revised Civil Statutes of Texas (1925)
provides that the governing body of a city shall have the power to suppress and prevent
any public disturbances, namely, any riot, affray, noise, disturbance or disorderly
assembly in any public or private place within the city; and
WHEREAS, in case of a riot or any unlawful assemblage, the Mayor, with a view
to preserve peace and good order in the city, is authorized by Article 996, Revised Civil
Statutes of Texas (1925), to order and enforce the closing of certain premises otherwise
open to or patronized by the public, and also to perform such other duties and exercise
such other power and authority as ay_be_ _ conferred by the City Council;
and
WHEREAS, during time of riot or unlawful assembly by three or more persons
acting together by use of force or violence, or if a clear and present danger exists of
the use of force or violence, or during time of natural disaster or man -made calamity,
the city may exercise those powers conferred by Acts 1969, 61st Legislature, Regular
Session, Chapter 877, Page 2658, and compiled as Article 5890e, Vernon's Texas Civil
Statutes; and
WHEREAS, in the orderly exercise of the powers granted in said statutes, it is
necessary that the procedure therefor be clearly outlined and that the offenses, together
with the penalties for the commission of same, be specifically set forth; Now, Therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
Section 1, Definitions:
As used in this Ordinance, unless the text otherwise requires, the following terms
shall have the meaning given herein. When not consistent with the context, words used in
the present tense shall include the future; words used in the singular number include the
plural, and words used in the plural number include the singular. The word 'shall' is
always mandatory and not merely directory:
Ordinance No. 700 Page 2
(a) ' Contraband' - Any article, substance or thing, the possession or trans -
portation of which is prohibited, and which is subject to summary des-.
truction upon seizure by officers of the law.
(b) 'Curfew' - A regulation requiring withdrawal of persons from streets,
highways, alleys, sidewalks, vacant lots, parks, public buildings or any
other public places in all or a delineated part of the city during the stated
hours when it is in effect.
(c) 'Emergency' - A state of violent civil disorder which causes or threatens
to cause loss of life or property in the city.
(d) 'Public Disturbance' - Any riot, affray, noise, disturbance or disorderly
assembly in any public or private place within the city.
Section 2. Duties of Mayor:
(a) When the Mayor determines, on the basis of information from the Chief
of Police and other reliable sources, that an emergency exists in the
City, he shall proclaim that such exists and command all persons engaged
in unlawful and riotous conduct to disperse and retire peaceably to their
respective abodes immediately and thereafter to abandon all such activities.
(b) That any time after the Proclamation of an emergency, if the Mayor determines
that the resources and ability of the police and other peace officers in the city
are inadequate to cope with the danger, he shall call upon the Governor of
Texas for assistance from State Military forces. Following deployment of
State M litary 'the ITalt keep himself informed as to their
effectiveness, and if additional forces appear to be needed, he shall
forthwith recommend to the Governor of Texas that the State make appli-
cation for Federal military aid.
(c) At any time after the proclamation of an emergency, the Mayor shall have
the authority to order supplies and equipment necessary to protect life
and property. If supplies and equipment are required immediately, and
if it is necessary, he shall commandeer them for public use.
(d) Immediately after proclaiming an emergency, the Mayor shall direct the
City Manager to organize the forces of the various departments of the City
government to provide any necessary services, and if additional employees
are needed, to deputize or otherwise hire persons on a temporary basis,
for a period not to exceed thirty (30) days from the date when the Mayor
declares that the emergency has ended. During the emergency, the Mayor
shall appoint special Municipal Court Judges as needed to assure the speedy
trial of offenders, such appointments to be acted upon, and the length thereof,
to be determined by the City Council at the earliest practicable date.
(e) In addition to the foregoing specific duties, the Mayor shall do whatever
else he may deem necessary for the purpose of meeting the emergency.
(f) As soon as the Mayor finds that the public peace has been restored and is
no longer threatened, he shall forthwith proclaim that the emergency has
been terminated.
Ordinance No. 700 Page 3
Section 3. Duties of City Attorney:
•
(a) From the time that a public disturbance is imminent, and throughout any
that may arise, the City Attorney shall advise the Mayor on the legal
procedures requisite to the performance of his duties, as set forth in
Section 2 hereof. If there is a need for additional special Municipal Court
Judges, the City Attorney shall recommend to the Mayor for appointments
to such positions, persons who have the qualifications required.
(b) During any emergency proclaimed by the Mayor, if the City Attorney finds
that additional attorneys are needed to represent the City in the Municipal
Courts, so as to afford offenders a speedy trial, he shall appoint, on a
temporary basis, the number of special Assistant Attorneys that he deems
necessary, all such appointments to be submitted to the City Council for
confirmation at the earliest practicable date.
Section 4. Powers of Mayor in Emergency:
Immediately upon the issuance of a proclamation by the Mayor that he has found an
emergency to exist, he shall have broad powers to protect life and property, to suppress
any public disturbance, and to restore and maintain public peace. Such powers shall be
co- extensive with the necessities of the emergency, and shall include, but not be limited to,
the following:
(a) The power to order a curfew into effect in all or any delineated part of
the City and to exempt therefrom persons whose movement is essential
to the health, safety and welfare of the public.
(b) The power to order the closing of any place where arms, ammunition,
dynamite or other explosives are sold, and forbid the sale, barter,
loan or gift of any such items.
(c) (1) The power to order the closing of bars, lounges, private clubs,
package liquor stores, or any business establishment having a
liquor, beer or wine permit, gasoline stations, theaters, ball rooms,
and public rooms or buildings.
(2) The power to prohibit the sale of beer, wine and intoxicating liquor
and the sale, distribution or gift of gasoline or other flammable
liquid or combustible products in any container other than a
gasoline tank properly affixed to a motor vehicle.
(d) The power to declare a list of contraband and authorize search for the
items on said list.
(e) The power to exclude sightseers from any area where there is a public
disturbance.
(f) The power to order the detention of persons who impede the preservation
or restoration of order or incite others to do so.
'paluadaa 1Slssaadxa Sgeaau a.n3 aouuutpaO srui Jo
suoistno.Id aqi Rum iorljuoo ul ao ivaislsuoour saouuutpao jo siaud ao saauuulpao Tie iugs
'L uouoag
•asuaajo aivaudas su eigsustund pun
uoliuloln aivaudas u aq o; pauzaap aq Hugs asuajjo goua puu `Joaaaui uoriorn
-uoo aq; uodn `gioq ao `uotivaaoauout scup 09 mull. aaouz iou ao (00 '00g)
saulloG paapung omy paaoxa o; ;ou au!J u of ioafgns aq hugs `joaaagi uotiotn
-uoo uodn puu aouuauzapsluz u jo iimTn aq I[ugs uorioas stuff jo (p) uorioas
-cps jo (g) puu (I) suonz as -qns jo suotstnoad 1Suu saiulotn ogm uosaad duV (a)
•aoAuw alp Aq pansst aapao
Sue jo ivauzaaaojua aqi uzoaj `aouad otlgnd aui uruiuluuz puu
eaoisaa of palluo MauulTuz aq; jo aaguzauz Auu ao `uuuiaatj Sue
`aollod aui a.stssu of palluo aaogjo aouad Sue `uuuzaotlod SUB
asap iugi uoriuis a jo Sire aq; ur siou Sue iruiuzoa o,L (g)
:ao1Su)nl aui Sq pansst dlnp saapao aq; jo Sue aiulorn oy (T )
:uosaad due aoj Injmulun aq Hugs it `paiuutuzaai
i.t suzlulooad aq mun `doua2aauza uu surtulooad aoSuw aq; amp. aq; uzoaa (P)
'Joaaagi uoliornuoo aui uodn 'Tog ao
&Sup 09 um ..p aaouz 1011 aoj peivaaoauour ao (00 '007, ) saulloa paapunl omZ
uuui aaouz iou puu (00'05 ) sauuoa ICU L.1 uugi ssal iou jo autj u of ioafgns aq
Hugs `joaaagi uotiotnuoo uodn puu aouuauzapsluz u jo Si11n2 aq Hugs uorioas
s ;.11. Jo (q) puu (u) suotioas -qns jo suolsrnoad SUB saiuIotn out uosaad duy (o )
'suuauz inlmut uuui aagio Aq asrpuugoaauz ao saaum `spool pros paanooad
uosaad pros iugi pauznsaad £lquuosuaa aq duuz it gorgm uzoaJ puu uaau majano
agi ut Nos 2ulaq uagi ;ou asipuugoaauz ao saaum `spool i uu jo uorssassod
ul punoj aq of `papinoad anoqu su aouuulpaO stgi jo Staoginu aui aapun
uoj g a jo Sirp aui jo aoSuw aui Aq pauzlulooad su `uaau majano
aq; utgilm pun sanoq majano agi ,2uranp uosaad due aoj InJmulun aq tiugs iI (q)
'orlgnd luaaua2 agi o; ssaulsng aoj uado iou ivauzust[guisa altiuuoaauz Suu jo
sastuzaad aui uodn uruuzaa ao aaiva of `papinoad anoqu su aouuutpaO stuff jo
1Silaoginu aui aapun `uoliuis a jo Sup aq; jo aoAuji aq; Aq paugulooad
su Saua2aauza uu jo poraad alp 2ulanp uosaad Sue aoj In;mulun aq [lugs iI (u)
:sasua3JO '9 uorioas
'suorsrnoad aragi jo aoriou anug Hrm orignd aq; iugi pua aqi
of `uotslnalai puu owe.' uo `saadudsmau ur Sirorignd aprm uanl2 aq hugs puu `saould oHgnd
aagio (J7) anoj isual iu ut pus Hull Sire agi iu paisod `•fauiaaoog SIMO agi gilt PolIT oq [lugs
£ou02aauza uu of ivaprout aoAtj aq; iSq pansst aapao puu uotiuuzulooad Sao/kg jo &doo v
:saapaO puu suotiuuzulooad jo aapol,.t 'g uorioas
p 02 t
OO L 'OM aouuurpaO
Ordinance No. 700 Page 5
Section 8.
Should any section, sub - section, sentence., provision, clause or phrase be held to
be invalid for any reason, such holding shall not render invalid any other section, sub-
section, sentence, provision, clause or phrase of this Ordinance, and same for this
purpose are deemed to be severable.
Section 9.
The fact that the present Ordinances of the City of College Station, Texas does not
provide adequate measures to cope with public disturbances, and the fact that the State Law
empowering the Mayor to issue orders necessary to put down public disturbances does not
provide any penalties for the violation thereof, create an urgency and an emergency in the
preservation of the public peace, health, safety, comfort and general welfare and require
that this Ordinance shall take effect immediately from and after its passage and publication.
PASSED AND APPROVED this 28th day of September, 1970.
APPROVED:
a-Ae.oyi
Mayor
ATTEST:
APP
//
City Secretary
las