HomeMy WebLinkAboutORD 1455 - ORD Relating to Harassment and Following of Persons Sometimes Referred as Stalking
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ORDINANCE NUMBER 1455
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CITY OF WEST UNIVERSITY PLACE
AN ORDINAflCE RELATING TO HARASSfvlENT AND FOllOWING OF PERSONS,
SOMETIMES REFERRED TO AS "STALKING"; AMENDING THE CODE OF
ORDINANCES AND DECLARING CERTAIN CONDUCT TO BE UNLAWFUL; AND
CONTAItlING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT.
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WHEREAS, widely-reported incidents of "stalking" have
illustrated dramatically how such conduct can terrorize ordinary
people; and
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WHEREAS, although new state legislation has been proposed,
existing S1-ute law does not adequately protect against "stalking"
conduct, so there is an immediate need for regulation by municipal
ordinance; C\nd
WHEREAS, adjoining municipalities, including the cities of
Houston and Bellaire, have adopted ordinances to protect against
"stalking"; and
WHERE/V;, an ordinance to regulate "stalking", including
conduct such as repeated following and harassment, will protect
and promote the health, safety and well-being of the people;
tIOVJ, THEREFORE,
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS:
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Section 1. That Chapter 15 of the Code of Ordinances of
the City of West University Place, Texas (entitled "Offenses &
Miscellaneous Provisions"), is amended by adding thereto a new
Section 15-14, which shall read as follows:
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Repeated Following and Harassment of a
Person ("Stalking").
(a) Definitions. As used in this section, the following
words and terms shall have the meanings ascribed to them below,
unless the context of their usage clearly indicates another
meaning:
Section 15-14.
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"Bodily Injury" shall have the meaning ascribed to it by Section
1.07 of the Texas Penal Code, as amended.
"Fo 11 ow" sha 11 mean to stalk, pursue, trail, shadow or chase a
person
"Harass" shall mean to take action, or to threaten to take
action,-directed at a specific person that would cause a
reasonable person to fear death or bodily injury.
ORDINANCE NUMBER 1455
"Repeatedl y" shall mean on more than one occas ion withi n a
one-year period.
(b) Prohibition. It shall be unlawful for any person,
knowingly, to: (i) harass any other person repeatedly, or (ii)
follow any other person repeatedly, after having harassed that
same person at least once.
(c) Defenses. It is an affirmative defense to any
prosecution under this section that the conduct in question is
engaged in by a peace officer or federal law enforcement officer
in the lawful discharge of his or her duties. It is also an
affirmative defense to prosecution under this section that the
conduct in question also constituted an offense under state law.
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, neither the remainder of this ordinance, nor the
application of such word, phrase, clause, sentence, paragraph,
section of other part of this ordinance to any other persons or
circumstances, shall 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 Act, 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.
Section 5 This ordinance shall become effective
immediately upon adoption and signature.
ORDINANCE NUMBER 1455
~ASSEO AND APPROVED ON FIRST READING, this C?~~ day of
b..~L'-h' Lq/""' ,1993.
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Voting Aye:
Voting Nay:
Absent:
PA~SEO AND APPROVED ON SECOND READING, thi s f3~ day of
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uftLL..t:.'4./ , 1993.
Voting Aye:
Voting Nay:
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Absent:
Signed:
ATTEST:
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" K nn Holloway t/
II City Secretary
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Approved as to Form:
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City Attorney
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