Ord 099-95 9/19/1995ORDINANCE NO. G( C? - C `7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AMENDING CHAPTER 20, "OFFENSES AND
MISCELLANEOUS PROVISIONS" OF THE WICHITA FALLS CODE OF
ORDINANCES, BY ADDING NEW SECTIONS; CREATING OFFENSES OF
POSSESSION OF GRAFFITI IMPLEMENTS, OF MINORS POSSESSING
AEROSOL PAINT, CREATING GRAFFITI, SELLING OR FURNISHING OF
AEROSOL PAINT TO MINORS, AND PROVIDING PARENTAL
RESPONSIBILITY FOR THEIR CHILDREN IN CREATING GRAFFITI;
PROVIDING FOR A GRAFFITI FUND; PROVIDING DEFENSES;
PROVIDING PENALTIES; REPEALING ALL ORDINANCES AND
PROVISIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY AND SAVING CLAUSE; PROVIDING FOR
PUBLICATION; PROVIDING FOR AN EFFECTIVE DATE; AND FINDING
AND DETERMINING THAT THE MEETING AT WHICH THIS
ORDINANCE WAS DISCUSSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW.
WHEREAS, the City Council of the City of Wichita Falls finds that the use of graffiti by
members of the populace has grown to such significant levels that entire areas of the community,
both public and private, are blighted by its existence; and,
WHEREAS, the City Council finds further that graffiti serves as a method of
communications for individuals who engage in illegal activities of all sorts, and therefore, graffiti
serves as an aid in the proliferation of criminal activity; and,
WHEREAS, the City Council further finds that a large proportion of the individuals who
engage in the criminal activity are in fact minors, and a favorite medium for application of graffiti
is aerosol paint ( "spray paint "); and,
WHEREAS, the City of Wichita Falls possesses all the rights, powers and authorities
possessed by all home rule municipalities, including the police powers as recognized in Article 11,
Section 5 of the Constitution of the State of Texas; and,
WHEREAS, the City Council recognizes that control of graffiti and of the implements of
graffiti are within the police powers of the City of Wichita Falls.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. Chapter 20, "Offenses and Miscellaneous Provisions," of the Code of
Ordinances of the City of Wichita Falls is amended by the addition of Article V, Sections 20 -67
through 20 -71.
SECTION 2. Chapter 20, Article V, is hereby amended by the addition of Section 20 -67,
which new section shall be and read as follows:
"Section 20 -67. Definitions.
For the purpose of this article, the following words shall have the meanings respectively
ascribed to them in this article, except where the context clearly indicates a different meaning.
(a) 'Aerosol paint container' means any aerosol container that is adapted or made for
the purpose of applying spray paint or other substance capable of defacing
property.
(b) 'Aerosol paint product' means any aerosolized paint product, including a clear or
pigmented lacquer or finish.
(c) 'Graffiti' means any unauthorized inscription, word, figure, painting or other
defacement that is written, marked, etched, scratched, sprayed, drawn, painted or
,engraved on, or otherwise affixed to any surface of public or private property by
any graffiti implement, to the extent that the graffiti was not authorized in advance
by the owner or occupant of the property; or despite having advanced
authorization, is otherwise deemed a public nuisance by the City Council of the
City of Wichita Falls.
(d) Person' means any individual partnership, cooperative association, private
corporation, personal representative, receiver, trustee, assignee, or any other legal
entity.
(e) 'Graffiti implement' means any aerosol paint container, broad tip marker, gum
label paint stick or graffiti stick, etching equipment, brush or any other device
capable of scarring or leaving a visible mark on any natural or man -made surface.
(f) 'Minor' means an individual younger than seventeen (17) years of age.
(g) 'Guardian' means:
1. a person who, under court order, is the guardian of the person of a minor;
or
2. a public or private agency with whom a minor has been placed by a court.
(h) 'Owner' means any person with legal right of possession to tangible property.
(i) 'Parent' means a person who is a natural parent, adoptive parent, or step - parent of
another person."
SECTION 3. Chapter 20, Article V, is hereby amended by the addition of Section 20 -68,
which new section shall be and read as follows:
"Section 20 -68. Sale to Minors.
(a) A person commits an offense if, with criminal negligence, he sells an aerosol paint
product to a minor.
(b) A person who sells a minor an aerosol paint product does not commit an offense if
the minor falsely represents himself to be seventeen (17) years old or older by
displaying an apparently valid Texas driver's license or an identification card issued
by the Texas Department of Public Safety containing a physical description
consistent with his appearance for the purposes of inducing the person to sell him
an aerosol paint product."
SECTION 4. Chapter 20, Article V, is hereby amended by the addition of Section 20 -69,
which new section shall be and read as follows:
"Section 20 -69. Possession of Possession of Aerosol Paint by Minors.
(a) It shall be unlawful for a minor to possess aerosol paint product of any sort or
character.
(b) It shall be an affirmative defense to a violation of this ordinance that at the time of
possession, the minor was accompanied or supervised by a parent or guardian; a
teacher in connection with a bona fide school project; a supervisor during the
minor's regular employment; or that the minor possessed aerosol paint on the
property at which he or she lives; or that the possession occurred as part of an
organized event sponsored or supervised by the City, school, or church, or some
other officially recognized entity."
SECTION 5. Chapter 20, Article V, is hereby amended by the addition of Section 20 -70,
which new section shall be and read as follows:
"Section 20 -70. Prohibited Acts.
(a) Defacement. It shall be unlawful for any person to apply graffiti to any natural or
man made surface of any City -owned property or without the permission of the
owner or occupant on any non -City owned property.
(b) Possession of Graffiti Implements.
It shall be unlawful for any person under the age of seventeen (17) years of
age to possess any graffiti implement while on any school property,
grounds, facilities, buildings or structures, or in areas immediately adjacent
to those specific locations upon public property, or upon private property
without prior written consent of the owner or occupant of such private
property.
2. It shall be unlawful for any person to possess any graffiti implement while
in or upon any public facility, transportation vehicle, park, playground,
swimming pool, recreation facility, or other public building or structure
owned or operated by the City of Wichita Falls, or while in or within fifty
(50) feet from an underpass bridge abutment, storm drain, or similar type
of infrastructure, unless authorized by the City of Wichita Falls."
SECTION 6. Chapter 20, Article V, is hereby amended by the addition of Section 20 -71,
which new section shall be and read as follows:
"Section 20 -71. Responsibility of a Parent or Guardian for Graffiti Created by a Minor.
A parent or guardian of a minor commits an offense if he knowingly permits, or by
insufficient control, allows the minor to create graffiti on tangible property in the City without the
property owner's consent."
SECTION 7. Chapter 20, Article V, is hereby amended by the addition of Section 2 -72,
which new section shall be and read as follows:
"Section 20 -72. Furnishing Aerosol Paint Products to a Minor.
(a) Except as provided in subsection (b) of this section, a person commits an offense if
he purchases an aerosol paint product for or gives or makes available with criminal
negligence an aerosol paint product to a minor.
(b) A person may purchase an aerosol paint product for, or give an aerosol paint
product to, a minor, if he is the minor's adult parent, guardian, or spouse, or an
adult in whose custody the minor has been committed by a court, and he is visibly
present when the minor possesses or uses the aerosol paint product."
SECTION 8. Chapter 20, Article V, is hereby amended by the addition of Section 20 -73,
which new section shall be and read as follows:
"Section 20 -73. Penalties.
(a) Any person who violates any provision of this article shall be guilty of an infraction
punishable by a fine of
1. a fine of not less than Three Hundred ($300.00) Dollars nor more than Five
Hundred ($500.00) Dollars for a first violation.
2. a fine of not less than Four Hundred ($400.00) Dollars nor more than Five
Hundred ($500.00) Dollars for a second violation of this article within one
year.
3. a fine of not less than Five Hundred ($500.00) Dollars for a third violation
of this article within one year.
4. In lieu of payment of any fine imposed upon conviction, any person or
establishment may participate in a graffiti removal and/or abatement
program approved by the City of Wichita Falls. The fine amount imposed
shall be discharged upon the person or establishment who agreed to
participate in the program satisfactorily completing the service they were
assigned to under the direction of the City of Wichita Falls."
SECTION 9. Chapter 20, Article V, is hereby amended by the addition of Section 20 -74,
which new section shall be and read as follows:
"Section 20 -74. Graffiti Fund.
The City Council of the City of Wichita Falls hereby creates the anti - graffiti fund.
Penalties assessed against violators of this ordinance shall be placed in this fund, along with any
monetary donations received from persons wishing to contribute to the fund. The Council, or
their designee, shall direct the expenditure of monies in the fund. Such expenditures shall be
limited to the payment of the cost of graffiti removal, the payment, at the discretion of the City
Manager, of rewards for information leading to the conviction of violations of the ordinance, the
cost of administering the ordinance, and such other public purposes as may be approved by the
Council by resolution."
SECTION 10. Should any section, paragraph, sentence, clause, phrase or word of this
ordinance be declared unconstitutional or invalid for any purpose, the remainder of this ordinance
shall not be affected thereby.
SECTION 11. This ordinance shall take effect immediately from and after its publication
in accordance with the provisions of the Charter of the City of Wichita Falls, and it is accordingly
so ordained.
SECTION 12. It is officially found and determined that the meeting at which this
ordinance was passed was open to the public as required by law.
PASSED AND APPROVED this the 19th day of September, 1995.
ATTEST:
i
7 City Clerk
ORDINANCE NO. 98-95
ORDINANCE CLOSING HEAR-
ING AND FINDING CERTAIN
BUILDINGS AND /OR STRUC-
TURES TO BE DANGEROUS:
COMMANDING PROPERTY
OWNERS TO DEMOLISH SAID
BUILDING AND /OR STRUC-
TURES WITHIN THIRTY (30)
DAYS OF THE DATE OF THIS
ORDINANCE AND DECLAR-
ING AN EMERG.ENCY, . FIND-
ING AND DETERMINING �g Here)
THAT THE MEETFNG AT
WHICH THIS ORDINANCE
WAS PASSED WAS OPEN TO
THE PUBLIC AS REQUIRED
BY LAW
ORDINANCE NO. 99-95
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF
' WICHITA FALLS, TEXAS,
AMENDING CHAPTER 20,
"OFFENSES AND MIS -
CELLANEOUS PROVISIONS"
OF THE WICHITA FALLS
CODE OF ORDINANCES, BY
ADDING NEW SECTIONS;
CREATING OFFENSES OF
POSSESSION OF GRAFFITI
IMPLEMENTS, OF MINORS
POSSESSING AEROSOL
PAINT, CREATING GRAF-
F I T I, SELLING OR
(FURNISHING OF AEROSOL
PAINT TO WNORS, AND
PROVIDING PARENTAL RE-
ISPONSIBILITY' FOR THEIR
CHILDREN IN CREATING
GRAFFITI; PROVIDING FOR
A GRAFFITI FUND; PROVID-
ING DEFENSES; PROVIDING
PENALTIES; REPLEALING
ALL ORDINANCES AND rs1e:S
PROVISIONS IN CONFLICT g
P HEREWITH; PROVIDING a SO
,,FOR SEVERABILITY AND i:..5 0-3
n SAVING CLAUSE; PROVID-
0-1_ ING FOR PUBLICATION;
PROVIDING FOR AN EFFEC - tSLAL)
TIVE DATE; AND FINDING
AND DETERMINING THAT
THE MEETING AT WHICH
THIS ORDINANCE WAS DIS-
CUSSED WAS OPEN TO THE
PUBLIC AS REQUIRED BY
LAW
.:ORDINANCE NO. 100-95
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF
WICHITA FALLS, TEXAS,
GRANTING TO SAGI.NAW
PIPELINE COMPANY, L.C., A
CORPORATION, ITS SUC-
CESSORS AND ASSIGNS, A
FRANCHISE TO FURNISH
AND SUPPLY GAS TO INDUS-
TRIAL CUSTOMERS IN THE
CITY OF WICHITA FALLS,
WICHITA COUNTY, TEXAS,
AND THE ENVIRONS THERE-
. OF; FINDING AND DE -,
TERMINING THAT THE
MEETING AT WHICH THIS
ORDINANCE WAS DISCUSSED
WAS OPEN TO THE PUBLIC
AS REQUIRED BY LAW.
ORDINANCE NO. 101 -95
ORDINANCE WAIVING AP-
PENDIX A, SUBDIVISION
SECTION 9 (B) (2) (a) OF THE
CODE OF ORDINANCES WITH
RESPECT TO PLACING CURB
AND GUTTER ON THE
NORTHEAST SIDE OF
FRIBERG- COOPER ROAD,
ADJACENT TO THE SOUTH-
WEST LINE OF LOT 1, BLOCK
1, CRUMPLER ADDITION
ORDINANCE NO. 102-95
ORDINANCE WAIVING AP-
PENDIX A, SUBDIVISION'.
SECTION 9 (B) (2) (a) OF THE
CODE OF ORDINANCES WITH
RESPECT TO PLACING CURB
AND GUTTER ON THE
NORTHEAST SIDE OF
CLOVER LANE, ADJACENT
TO THE SOUTHWEST LINE OF
LOTS 1 & 2, BLOCK 6, TYSON
SUBDIVISION
ORDINANCE NO. 103-95
ORDINANCE AUTHORIZING
HE CITY MANAGER TO
ENTER INTO AN ADDENDUM
ITO THE DEPOSITORY CON -
TRACT'„WITH BANK ONE,
.=1L J'-FJn1M 3 THE
Affidavit of Publication
THE STATE OF TEXAS
COUNTY OF WICHITA
700642047
On this -1 7th day of Actcher
AD .... , 1995 ....... personally appeared before me, the undersigned authority
Linda MCCay bookkeeper
for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls
Times /Record News, a newspaper published at Wichita Falls in Wichita County,
Texas, and upon being duly sworn by me, on oath states that the attached
advertisement is a true and correct copy of advertising published
in One (1) issues thereof on the following dates:
Octnh T 9
7_, 1 g5
Bookkeeper for Times Publishing Company
of Wichita Falls
Subscribed and sworn to before me this the day and year first above written:
ORDINANCE NO. 103-95
ORDINANCE AUTHORIZING
,THE CITY MANAGER TO
ENTER INTO AN ADDENDUM
PTO THE, ..DEPOSITORY CON -
TRACT�:WITH BANK ONE,
THE YtNDING THE
1PERf TIME >FOR 60
DAY fs
ORDINANCE NO. 104.95
ORDI CE' "WAIVING SEC-
TION OP THE CODE OF
ORDI'N'ANCES TO PERMIT AL-
COHOLIC BEVERAGES DUR-
ING FALLSFEST IN LUCY
I PARK SEPTEMBER 29 -OCTO-
BER 1, 1995
ORDINANCE NO. 105-95
ORDINANCE WAIVING SEC-
TION 22- A(a)(2) OF THE CODE
OF ORDINANCES TO PERMIT
ANIMALS ON THE GRASS AT
LUCY PARK DURING
FALLSFEST SEPTEMBER 29-
OCTOBER 1, 1995
ORDINANCE NO. 106-95
ORDINANCE WAIVING SEC-
TION 25 -69 OF THE CODE OF
ORDINANCES TO PERMIT
THE OPERATION OF A TRAN-
SIENT SHOW AT THE MULTI-
PURPOSE EVENTS CENTER