Ord 1741 11/14/1955ORDINANCE NO._/
AN ORDINANCE PROHIBITING THE EXHIBITION OF A BURNING
FLAMING CROSS, OR OF THE PLACING OF A CROSS,EITHER
REAL OR SIMULATED, AT ANY PUBLIC PLACE WITHIN THE
CORPORATE LIMITS OF THE C17Y OF WICHITA FALLS,TEXAS;
DEFINING PUBLIC PLACE; DEFINING A. CROSS OR SIMULATED
CROSS; DEFINING A PRIVATE PLACE;PROHIBITING THE
PLACING OF A BURNING OR FLAMING CROSS, EITHER REAL
OR SIMULATED, IN A PRIVATE PLACE WITHOUT FIRST OB-
TAINING THE WRITTEN PERMISSION OF THE OWNER OR OC-
CUPANT OF THE PREMISES SO TO DO; PROVIDING A PENALTY
THEREFOR; PROVIDING A SEVERANCE CLAUSE; AND DECLAR-
ING AN EMERGENCY.
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY
OF WICHITA FALLS:
SECTION 1. Believing that all persons are entitled to
full legal protection in and upon their
property and person, and believing that all persons should be
protected not only against actual violence but against any threat
or any intimidation; and finding that in the past there were in-
stances wherein a burning cross has been placed in public places
which threatened the public peace and which amounted to a sacri-
legious use of a symbol sacred to many of our citizens; and
finding that type of symbol has been misused on various occasions,
and for the purpose of protecting the public peace and welfare,
it is hereby ordained by tho Board of Aldermen of the City of
Wichita Falls, Texas;
SECTION 2. For the purpose of this ordinance the
following definitions are adopted:
(a) The terra "public place" includes all walks,
alleys, streets, boulevards, avenues, lanes, roads,
highways or other ways of travel dedicated to public
use, and all property owned or maintained by public
authority, and all grounds and buildings leased by,
operated, or maintained by public authority;
(b) "Private place" is defined as any place
other than a public place as above defined;
(c) A "Cross" as used in this ordinance is
hereby defined to mean any cross timbers,or other
substances, regardless of what they are made out
of, which indicates a "cross" (-r), regardless
of the length of the cross -- timber, or tree, or of
the support maintaining the same, and regardless
of what material it is made of, and whethor or not
it is painted, or unpainted, or whether or not it
is burning or covered with some substance and ig-
nited in some manner or not.
SECTION 3. It is hereby ordained that it shall be un-
lawful for any person or persons to place
or cause to be placed in a public place, as herein defined, in
the city of Wichita Falls, Texas, a "Cross ", either real or sim-
ulated.
SECTION 4. It is hereby ordained that it shall be
unlawful for any person or persons to place or cause to be placed
upon the property of another in the City of Wichita Falls, Texas,
a "Cross" as herein defined, without first obtaining written
permission of 'the owner or occupant of the premises so to do.
SECTION 5. Any person or persons violating the pro -
visions of this ordinance shall be found guilty of a misdemeanor
and shall be punished by a fine of not to exceed two hundred
dollars.
SECTION 6. If any section, clause, paragraph, or
provision of this or finance shall be held unconstitutional or
void, then the invalidity of such section, clause, phrase, or
provision, shall not affect the other provisions of this ordi-
nance and they shall remain in full force and effect.