HomeMy WebLinkAboutORD 1315 - ORD Relating to Offenses and Miscellaneous Under Chapter 15 Involving Noise
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ORDINANCE NUMBER 1315
AN ORDINANCE RELATING TO OFFENSES AND MISCELLANEOUS
PROVISIONS UNDER CHAPTER 15 OF THE CODE OF
ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE;
AMENDING THE CODE OF ORDINANCES; PROVIDING FOR
AFFIRMATIVE DEFENSE FOR CERTAIN PROSECUTIONS UNDER
SAID CHAPTER INVOLVING NOISE AND CONTAINING FINDINGS
AND PROVISIONS RELATING TO THE SUBJECT.
Section 1. That Section 15-33 of the Code of Ordinances, City of
West University Place, Texas, is hereby amended to read as follows:
Section 15-33. Affirmative Defense.
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It shall be an affirmative defense in any prosecution under
this article that a request to cease causing the noise in
question was not given to any of the following: the person
charged; or any officer, agent, employee, and representative
of the person charged. All peace officers and other City
enforcement personnel are hereby authorized to request that
persons cease causing noises that are apparently in violation
of this Article. Nothing herein limits the right of others
to make such requests.
Section 2. All ordinances and parts of ordinances in conflict
herewith are hereby repealed to.the extent of the conflict only.
Section 3. If any word, phrase, clause, sentence, paragraph,
section or other part of this ordinance or the application thereof to
any person or circumstance, shall ever be held to be invalid or
unconstitutional by any court of competent jurisdiction, the remainder
of this ordinance and the application of such word, phrase, clause,
sentence, paragraph, section or other part of this ordinance to any
other persons or circumstances shall not be affected thereby.
Section 4. The City Council officially finds, determines and
declares that a sufficient written notice of the date, hour, place and
subject of each meeting at which this ordinance was discussed,
considered or acted upon was given in the manner required by the Open
Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended,
and that each such meeting has been open to the public as required by
law at all times during such discussion, consideration and action. The
City Council ratifies, approves and confirms such notices and the
contents and posting thereof.
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Ordinance Number 131S
Section 5. This ordinance takes effect on the tenth day following
its publication.
PASSED AND APPROVED ON FIRST READING this
March , 1988.
28th day of
Councilmembers Voting Aye:
Mayor Pro Tem Bryan,
Councilmembers Bell, Britton,
Schwartzel
Councilmembers Voting No:
Councilmembers Absent:
None
Mayor Parks
PASSED AND APPROVED ON SECOND AND FINAL READING this 11th
day of April , 1988.
Councilmembers Voting Aye:
Mayor Parks, Councilmembers
Bryan, Bell, Schwartzel
Councilmembers Voting No:
None
Councilmembers absent:
Councilmember Britton
Signed:
Michael L. Parks, Mayor
ATTEST:
Approved as to Form:
Audrey Nichols
City Secretary
(SEAL)
James L. Dougherty, Jr.
City Attorney
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