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1977-012NO 7- AN L+ ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DENTON BY ADDING A NEW ARTICLE VIII TO CHAPTER 24 "SPECIAL REGULATIONS AT TEXAS WOMAN'S UNIVERSITY", AUTHORIZING TEXAS WOMAN'S UNIVERSITY CAMPUS PATROLMEN TO ENFORCE ALL TRAFFIC LAWS WITHIN A PARTICULAR DESCRIBED AREA; PROVIDING THAT SUCH PATROLMEN SHALL NOT BE EMPLOYEES OF THE CITY OF DENTON, TEXAS, NOR BE ENTITLED TO ANY COMPENSATION FROM THE CITY OF DENTON, TEXAS FOR SERVICES PERFORMED, PROVIDING JURISDICTION AND CONTROL OF PARKING LANES WITHIN CERTAIN DESCRIBED STREET PORTIONS WHICH ABUT PROPERTY OWNED BY THE STATE OF TEXAS, PROVIDING LIMITATIONS TO SUCH JURISDICTION AND CONTROL, PROVIDING A PENALTY FOR VIOLATIONS THEREOF; PROVIDING A SAVINGS CLAUSE, AND DECLARING AN EFFECTIVE DATE WHEREAS, the commissioned and bonded campus security personnel of Texas Woman's University are peace officers, authorized under the provisions of Revised Civil Statutes Article 29197 to preserve the public peace, protect the property of the State of Texas, and enforce all traffic and parking laws, with all the powers, privileges and immunities of peace officers while on property under the control and jurisdiction of said University, and WHEREAS, it is in the public interest that the aforesaid campus patrolmen be authorized to enforce traffic and parking laws and regu- lations beyond the existing control and jurisdiction of said University, but within the immediate area and neighborhood of same, now, therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS SECTION I That the Code of Ordinances of the City of Denton, Texas, is hereby amended by adding Article VIII "Special Regulations at Texas Woman's University", and shall hereafter read as follows "ARTICLE VIII SPECIAL REGULATIONS AT TEXAS WOMAN'S UNIVERSITY Section 24-179 - AUTHORITY GRANTED TO BOARD OF UNIVERSITY, PUIRpS95. The Governing Board of Texas Woman's University is hereby granted and delegated jurisdiction and control of the parking lanes within the street portions described in Section 24-180 hereof, which street portions abut property owned by the State of Texas and under the control of said Texas Woman's University, for the following purposes (a) To assign parking spaces and designate parking areas and their use, and assess a charge therefor, (b) To prohibit parking as it deems necessary, (c) To remove vehicles parked in violation of its Rules and Regulations, Laws of the State of Texas, or Ordinances of the City of Denton, at the expense of the violator, (d) To issue traffic tickets in compliance with the pro- cedure established by the Denton Municipal Court, (e) To enforce such regulations and traffic laws through its commissioned peace officers jointly with City of Denton police officers Section 24-180 - STREETS UNDER UNIVERSITY JURISDICTION PARKING RESTRICTIONS The jurisdiction and control granted to the Governing Board of Texas Woman's University for the purpose of enforcing traffic laws and regulations pertains to the following street por- tions (a) Bell Avenue from University Drive to Texas Street, (b) Texas Street from Bell Avenue to Oakland Street, (c) Oakland Street from Texas Street to Locust Street, and the jurisdiction and control regarding regulation of parking shall pertain to the following street portions (a) Bell Avenue, West side, from University Drive to Texas Street, (b) Oakland Street, East side, from Texas Street to Locust Street Provided, however, that no parking shall be allowed upon any street portion described above which is contrary to any provision of the Revised Civil Statutes Article 6701d, Section 95, or any city ordinance pertaining to any such street portion dated subse- quent hereto Section 24-181 - AUTHORITY TO CARRY ARMS, ENFORCE TRAFFIC AND PARKING LAWS Each commissioned peace officer regularly employed by Texas Woman's University, including future employed, who is bonded as re- quired by Section 3, Revised Civil Statutes Article 2919, after -2- ~1 taking and filing the oath required of peace officers by the Consti- tution of the State of Texas, is hereby authorized to carry arms in the performance of his duties, and to enforce all traffic and park- ing laws of the City of Denton, and the State of Texas Section 24-182 - LIMITATIONS UPON AUTHORITY This extension of police jurisdiction of said campus peace officers shall apply to enforcement of traffic laws and ordinances only, except when otherwise authorized in writing by the Chief of Police of the City of Denton, and provided further, that each such campus peace officer shall comply with all orders given by the Chief of Police of the City of Denton which concern law enforcement within the above described area, whether emergency or routine, and failure to comply with any such order is declared to be grounds for immediate revocation of this Article by the Council of the City of Denton Section 24-183 - PROCEDURE UPON ARRESTS OF VIOLATORS The procedure upon arrests of violators shall be the same as the procedure set out in Section 24-173, Article VII "Special Regulations at North Texas State University" Section 24-184 - AUTHORITY TO DIRECT TRAFFIC AS CONDITIONS REQUIRE In case of fire, emergency or to expedite traffic, Texas Woman's University peace officers may direct traffic as conditions may re- quire, and it shall be unlawful for any person to fail to comply with any lawful order or direction of any such officer Section 24-185 - DUTY TO OBEY TRAFFIC SIGNS, SIGNALS AND MARKINGS (a) It shall be unlawful for the driver of any vehicle to dis- obey the instructions of any traffic sign, signal, or marking con- structed, installed, or painted within the area of point jurisdiction when same are authorized by the Governing Board of Texas Woman's University, unless such driver is otherwise directed by a police officer (b) All such traffic sign, signals or markings shall be deemed authorized by said Governing Board -3- IS Section 24-186 - PRESERVATION OF UNIVERSITY AUTHORITY OVER STUDENTS AND PERSONNEL Notwithstanding any of the provisions of this Article, all offi- cers commissioned by the Governing Board of Texas Woman's University may be authorized and empowered by the said Board to enforce rules and regulations promulgated by it regarding its students and personnel Nothing herein is intended to limit or restrict the authority of such institution to promulgate and enforce appropriate rules and regula- tions for the orderly conduct of the institution in carrying out its purposes and objectives of its students and personnel Section 24-187 - PRESERVATION OF POLICE POWERS OF CITY No provision of this Article shall be so construed as to limit the police powers of the City of Denton, or to limit in any manner its law enforcement jurisdiction Section 24-188 - CAMPUS POLICE NOT CONSIDERED CITY EMPLOYEES Nothing in this Article shall be so construed as to render any such Texas Woman's University employee an employee of the City of Denton, Texas, or so as to subject any such employee to the disci- pline of the Denton Police Department, or so as to create any rights or liabilities for any such employee under the Fireman's and Police- man's Civil Service Act, and no such employee shall be entitled to any compensation from the City of Denton, Texas, for any act performed, or any liability or injury incurred in the performance of his duties, it being the purpose and intent of this Article only to extend the physical jurisdiction of Texas Woman's University Peace Officers in a limited manner " SECTION II Any person who violates any provision of this ordinance shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished by a fine not to exceed Two Hundred Dollars ($200 00) Each day such a violation shall continue or be permitted, shall be treated as a separate offense SECTION III That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any -4- person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity SECTION IV That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED This the day of A D 1977 =OR HUGHES, MAWR CITY OF DENTON, TEXAS ATTEST 7 / CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM 4 CITY OF DENTON, TEXAS -5- I ti NO. 77-/2., AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DENTON BY ADDING A NEW ARTICLE VIII TO CHAPTER 24 "SPECIAL REGULATIONS AT TEXAS WOMAN'S UNIVERSITY"; AUTHORIZING TEXAS WOMAN'S UNIVERSITY CAMPUS PATROLMEN TO ENFORCE ALL TRAFFIC LAWS WITHIN A PARTICULAR DESCRIBED AREA; PROVIDING THAT SUCH PATROLMEN SHALL NOT BE EMPLOYEES OF THE CITY OF DENTON, TEXAS, NOR BE ENTITLED TO ANY COMPENSATION FROM THE CITY OF DENTON, TEXAS FOR SERVICES PERFORMED; PROVIDING JURISDICTION AND CONTROL OF PARKING LANES WITHIN CERTAIN DESCRIBED STREET PORTIONS WHICH ABUT-PROPERTY OWNED BY THE STATE OF TEXAS; PROVIDING LIMITATIONS TO SUCH JURISDICTION AND CONTROL; PROVIDING A PENALTY FOR VIOLATIONS THEREOF; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the commissioned and bonded campus security personnel of Texas Woman's University are peace officers, authorized under the provisions of Revised Civil Statutes Article 2919] to preserve the public peace, protect the property of the State of Texas, and enforce all traffic and parking laws, with all the powers, privileges and immunities of peace officers while on property under the control and jurisdiction of said University; and WHEREAS, it is in the public interest that the aforesaid campus patrolmen be authorized to enforce traffic and parking laws and regu- lations beyond the existing control and jurisdiction of said University, but within the immediate area and neighborhood of same; now, therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That the Code of Ordinances of the City of Denton, Texas, is hereby amended by adding Article VIII "Special Regulations at Texas Woman's University", and shall hereafter read as follows: "ARTICLE VIII. SPECIAL REGULATIONS AT TEXAS WOMAN'S UNIVERSITY Section 24-179 - AUTHORITY GRANTED TO BOARD OF UNIVERSITY; The Governing Board of Texas Woman's University is hereby granted and delegated jurisdiction and control of the parking lanes within the street portions described in Section 24-180 hereof, which street portions abut property owned by the State of Texas and under the control of said Texas Woman's University, for the following purposes: (a) To assign parking spaces and designate parking areas and their use, and assess a charge therefor; (b) To prohibit parking as it deems necessary; (c) To remove vehicles parked in violation of its Rules and Regulations, Laws of the State of Texas, or Ordinances of the City of Denton, at the expense of the violator; (d) To issue traffic tickets in compliance with the pro- cedure established by the Denton Municipal Court; (e) To enforce such regulations and traffic laws through its commissioned peace officers jointly with City of Denton police officers. Section 24-180 - STREETS UNDER UNIVERSITY JURISDICTION PARKING RESTRICTIONS The jurisdiction and control granted to the Governing Board of Texas Woman's University for the purpose of enforcing traffic laws and regulations pertains to the following street por- tions: (a) Bell Avenue from University Drive to Texas Street; (b) Texas Street from Bell Avenue to Oakland Street; (c) Oakland Street from Texas Street to Locust Street; and the jurisdiction and control regarding regulation of parking shall pertain to the following street portions: (a) Bell Avenue, West side, from University Drive to Texas Street; (b) Oakland Street, East side, from Texas Street to Locust Street. Provided, however, that no parking shall be allowed upon any street portion described above which is contrary to any provision of the Revised Civil Statutes Article 6701d, Section 95, or any city ordinance pertaining to any such street portion dated subse- quent hereto. Section 24-181 - AUTHORITY TO CARRY ARMS, ENFORCE TRAFFIC AND PARKING LAWS. Each commissioned peace officer regularly employed by Texas Woman's University, including future employed, who is bonded as re- quired by Section 3, Revised Civil Statutes Article 2919j, after -2- ti taking and filing the oath required of peace officers by the Consti- tution of the State of Texas, is hereby authorized to carry arms in the performance of his duties, and to enforce all traffic and park- ing laws of the City of Denton, and the State of Texas. Section 24-182 - LIMITATIONS UPON AUTHORITY. This extension of police jurisdiction of said campus peace officers shall apply to enforcement of traffic laws and ordinances only, except when otherwise authorized in writing by the Chief of Police of the City of Denton; and provided further, that each such campus peace officer shall comply with all orders given by the Chief of Police of the City of Denton which concern law enforcement within the above described area, whether emergency or routine, and failure to comply with any such order is declared to be grounds for immediate revocation of this Article by the Council of the City of Denton. Section 24-183 - PROCEDURE UPON ARRESTS OF VIOLATORS. The procedure upon arrests of violators shall be the same as the procedure set out in Section 24-173, Article VII. "Special Regulations at North Texas State University" Section 24-184 - AUTHORITY TO DIRECT TRAFFIC AS CONDITIONS REQUIRE. In case of fire, emergency or to expedite traffic, Texas Woman's University peace officers may direct traffic as conditions may re- quire, and it shall be unlawful for any person to fail to comply with any lawful order or direction of any such officer. Section 24-185 - DUTY TO OBEY TRAFFIC SIGNS, SIGNALS AND MARKINGS. (a) It shall be unlawful for the driver of any vehicle to dis- obey the instructions of any traffic sign, signal, or marking con- structed, installed, or painted within the area of joint jurisdiction when same are authorized by the Governing Board of Texas Woman's University, unless such driver is otherwise directed by a police officer. (b) All such traffic sign, signals or markings shall be deemed authorized by said Governing Board. -3- IY Section 24-186 - PRESERVATION OF UNIVERSITY AUTHORITY OVER STUDENTS AND PERSONNEL. Notwithstanding any of the provisions of this Article, all offi- cers commissioned by the Governing Board of Texas Woman's University may be authorized and empowered by the said Board to enforce rules and regulations promulgated by it regarding its students and personnel. Nothing herein is intended to limit or restrict the authority of such institution to promulgate and enforce appropriate rules and regula- tions for the orderly conduct of the institution in carrying out its purposes and objectives of its students and personnel. Section 24-187 - PRESERVATION OF POLICE POWERS OF CITY. No provision of this Article shall be so construed as to limit the police powers of the City of Denton, or to limit in any manner its law enforcement jurisdiction. Section 24-188 - CAMPUS POLICE NOT CONSIDERED CITY EMPLOYEES. Nothing in this Article shall be so construed as to render any such Texas Woman's University employee an employee of the City of Denton, Texas, or so as to subject any such employee to the disci- pline of the Denton Police Department, or so as to create any rights or liabilities for any such employee under the Fireman's and Police- man's Civil Service Act, and no such employee shall be entitled to any compensation from the City of Denton, Texas, for any act performed, or any liability or injury incurred in the performance of his duties; it being the purpose and intent of this Article only to extend the physical jurisdiction of Texas Woman's University Peace Officers in a limited manner." SECTION II. Any person who violates any provision of this ordinance shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished by a fine not to exceed Two Hundred Dollars ($200.00). Each day such a violation shall continue or be permitted, shall be treated as a separate offense. SECTION III. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any -4- i1 person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION IV. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED This the s~ / day of ,~~f/ji/,f/ , A. D. 1977. ELINOR HUGHES, MMUR CITY OF DENTON, TEXAS ATTEST: BR00 S HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: '~~_txl_ PAUL-C.- f CITY ATTORNEY CITY OF DENTON, TEXAS -5- i 1-