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HomeMy WebLinkAbout1962-0359 - Ordinance - 10/22/1962BOORUM & PEASE "NOIR" ORDINANCE NO. 359 AN ORDINANCE TO PREVENT BREACHES OF THE PEACE, TRESPASSING ON THE PROPERTY OF OTHERS; PEDDLERS AND OTHERS FROM REMAINING ON THE PREMISES; WINDOW -PEEPING; EAVESDROPPING; PRESCRIBING OFFENSES, PROVIDING A PENALTY AND DECLARING AN EMERGENCY. WHEREAS, it is provided in Article 1015, Subdivision 20, of the Revised Civil Statutes of Texas, 1925, that incorporated cities and towns shall have power to "prevent all trespasses, breaches of the peace and good order, assaults and batteries, fighting, quarreling, using abusive, obscene, profane or insulting language and all disorderly conduct and punishing all persons thus offending;" and WHEREAS, persons go on the premises of other persons, after being forbidden to do so by the occupants of said premises; and refuse to leave such premises after being ordered to do so; and such persons go on the premises of others for the purpose of taking flowers and garden vegetables, and for the purpose of peeping in windows, eavesdropping and prying into the affairs of others, thus invading the privacy of homes; and such conduct is calculated to provoke breaches of the peace and good order, assaults and batteries, fighting, quarreling, abusive, obscene, profane and insulting language and disorderly conduct. And, whereas, it is desirable to prevent all such conduct to preserve the peace, and secure the inhabitants of this city in the peaceful possession and enjoyment of their homes and property, THEREFORE, BE IT ORDAINED by the City Council of College Station, Texas: SECTION 1. It shall be unlawful for any person to go upon the premises of another person, situated within the City of College Station, without the consent of the occupant or person in charge of said premises, and break, cut or pull or take from the premises or trample upon the flowers, shrubbery, grass or garden vegetables growing on said premises. SECTION 2. It shall be unlawful for any peddler, salesman, solic- itor or any other person who goes on the premises of another person to remain on said premises after he has been ordered by any lawful occupant to leave said premises. SECTION 3. It shall be unlawful for any person to go upon the premises of another person without the consent of the occupant and after such person has been forbidden or warned by the occupant or person in charge of said premises not to go upon said premises. Provided.the provisions of this article shall not apply to licensees, tenants in common of said premises, landlords, meter readers and other persons who go on said premises in pursuit of lawful business, not including the persons named in Section 2; and shall not apply to peace officers or other public officers who go on said premises in discharge of their duties. BOORUM & PEASE "N. J R" BOORUM & PEASE SECTION 4. It shall be unlawful for any parent or guardian of • any minor child to knowingly permit such child to go upon the premises of another person, after such parent or guardian has been requested by the person in charge of said premises not to permit said child to go thereon. SECTION 5. It shall be unlawful for any person to go to or near the private residence of any other person, without the consent of the head of the family or the person in charge of such private residence, and peep through any door, window or other opening in said residence for the purpose of spying into said residence, or to go into or near said residence for the purpose of eavesdropping, or listening to the conversation of the occupants of said private residence. Provided, this section shall not apply to peace officers or other public officers in the discharge of their duties. SECTION 6. If any of the provisions of this ordinance shall be held unconstitutional or void for any other reason, such holding shall not render invalid the remaining provisions thereof. SECTION 7. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not exceeding one hundred ($100.00) dollars. SECTION 8. The present situation whereby no penalty is provided for window -peeping, eavesdropping,.trespassing on the property of another by peddlers and salesmen and others, and the restriction of minor children, creates an urgent public necessity and an emergency requiring that the rules and provisions providing for ordinances to be read more than one time at more than one meeting be suspended and requiring that this ordinance be passed and take effect as an emergency measure. Such rules and provisions are accord- ingly suspended and this ordinance is passed as and shall take effect as an emergency measure and shall be in full force and effect from and after its passage ATTEST: /e& PASSED AND APPROVED this 22nd day of October, 1962. City Secretary 4:41-17vi//' APPROVED: Mayor