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HomeMy WebLinkAbout1970-0700 - Ordinance - 09/28/1970ORDINANCE 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 may be prescribed and 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 Military forces, the Mayor shall 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. d , Ordinance No. 700 Section 3. Duties of City Attorney: Page 3 (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. Ordinance No. 700 Section 5. Notice of Proclamations and Orders: Page 4 A copy of every proclamation and order issued by the Mayor incident to an emergency shall be filed with the City Secretary, posted at the City Hall and in at least four (4) other public places, and shall be given wide publicity in newspapers, on radio and television, to the end that the public will have notice of their provisions. Section 6. Offenses: (a) It shall be unlawful for any person during the period of an emergency as proclaimed by the Mayor of the City of College Station, under the authority of this Ordinance as above provided, to enter or remain upon the premises of any mercantile establishment not open for business to the general public. (b) It shall be unlawful for any person during the curfew hours and within the curfew area, as proclaimed by the Mayor of the City of College Station under the authority of this Ordinance as above provided, to be found in possession of any goods, wares or merchandise not then being sold in the curfew area and from which it maybe reasonably presumed that said person procured said goods, wares or merchandise by other than lawful means. (c) Any person who violates any provisions of sub -sections (a) and (b) of this Section shall be guilty of a misdemeanor and upon conviction thereof, shall be subject to a fine of not less than Fifty Dollars ($50. 00) and not more than Two Hundred Dollars ($200.00) or incarcerated for not more than 60 days or both, upon the conviction thereof. (d) From the time the Mayor proclaims an emergency, until he proclaims it terminated, it shall be unlawful for any person: (1) To violate any of the orders duly issued by the Mayor; (2) To commit any acts in the City of College Station that deter any policeman, any peace officer called to assist the police, any fireman, or any member of the military called to restore and maintain the public peace, from the enforcement of any order issued by the Mayor. (e) Any person who violates any provisions of sub -sections (1) and (2) of sub- section (d) of this Section shall be guilty of a misdemeanor and upon con- viction thereof, shall be subject to a fine not to exceed Two Hundred Dollars ($200. 00) or not more than 60 days incarceration, or both, upon the con- viction thereof, and each offense shall be deemed to be a separate violation and punishable as a separate offense. Section 7. That all ordinances or parts of ordinances inconsistent or in conflict with the provisions of this Ordinance are hereby expressly repealed. Ordinance No. 700 Section 8. Page 5 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: f Mayor ATTEST: City Secretary las MODEL PROCLAMATION OF EMERGENCY I, , Mayor of the City of College Station, by virtue of the power vested in me by the provisions of Ordinance No. 700, do hereby declare and determine that due to mob action and civil disobedience, a state of emergency exists within the City of College Station: And, I do hereby, order and direct the following emergency regulations to be effective immediately, to -wit: 1. A curfew is hereby ordered from o'clock to o'clock ( for the area located or entire city) - and all persons other than law enforcement officers and personnel, fireman ( others) shall remain off the streets and away from public places during the period of said curfew. 2. The following businesses are hereby ordered closed: (a) taverns (b) retail and wholesale liquor establishments (c) gasoline service stations (d) any establishment selling firearms or ammunition (e) Other (list) 3o All regular and auxiliary police and firemen are hereby ordered to report for duty immediately. THIS PROCLAMATION shall be effective immediately and shall extend for a period of forty-eight (48) hours. DATE: TIME: Mayor