1970-029AN ORDINANCE ENABLING THE MAYOR OF THE CITY OF DENTON, OR HIS
SUCCESSOR, TO REGULATE THE OPERATION OF, AND SALES BY, CERTAIN
BUSINESSES, AND THE PRESENCE OF PERSONS IN PUBLIC STREETS, SIDE-
WALKS, PARKS AND OTHER PLACES DURING TIMES OF CRISIS OR IMPEND-
ING CRISIS, DEFINING CERTAIN TERMS AND PROVIDING THE METHOD OF
ADDITIONAL REGULATIONS, AND STANDARDS TRFREFORE, PROVIDING PEN-
ALTIES FOR VIOLATIONS THEREOF, AND DECLARING AN EWFECTIVE DATE
WHEREAS, in present times a crisis can develop, and lead
into wartime or disaster conditions, in such a raoid manner as
to possibly overtax the law enforcement agencies of the City of
Denton before this Council could meet and act and regulate or
control the particular situation in exlstance at that moment, and
WHEREAS, a delay in controlling such conditions which could
at any time prevail may increase general criminal activity, in-
hibit disaster control, or delay emergency relief measures, as to
become a menace to the preservation of property, public peace,
safety, health, morals and welfare, now therefore,
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS
SECTION I
That the following definitions shall apply to this ordinance
and shall be liberally construed to effectuate its general pur-
pose, which is declared to be the prevention of any sale or trans-
fer of any potentially dangerous product to any person not under
the Mayors direct supervision, to reduce the availability of such
dangerous products to a minimum, and to keep all unauthorized per-
sons off public property, and from gathering into groups having
riot or looting potential
(a) MAYOR The Mayor of the Cmty of Denton, or the Mavor
Pro-Tem in his absence, or the next Councilman in succession who
may be available if the Mayor Pro-Tem is absent
(b) CURFEW The period during which no person other than
expressly authorized officials of the City, County, State or
Federal governments may be present in or upon oublic streets, side-
walks, parks, or other public places, or on prmvate property with-
out the consent of the owner or tenant thereof, or at any other
place where they have no right or authority to be during such a
permod
(c) PUBLIC PLACE Any public road, street or alley within
the City of Denton, or immediately adjacent thereto, or any pro~
perty owned or leased by the City or under its control, or any
store, building or place at which people are assembled or to which
people commonly resort for purposes of business, amusement or
education
(d) DANGEROUS PRODUCT Any material or product which could
reasonably be expected to be used as a tool of arson, explosive,
or weapon, including but not limited to gasoline and other
liquid flammable and combustible products, dynamite and other
explosives, firearms and ammunition, and knives and other dang-
erous weapons
(e) CRISIS Any disaster, natural or man-made, rioting, cat-
astrophe, or similar public emergency, actual or impending, as
determined by the Mayor A state of crisis shall be considered the
same as a state of emergency for the purposes of Revised Civil
Statutes Article 5890e (Acts 1969, 61st Leg ?g 2658, Ch 877,
emergency effective June 21, 1969)
SECTION II
That the Mayor is hereby authorized to declare by Proclamation
a state of crisis, and to take any action deemed necessary to pro
vide adequate control over persons and conditions during such per-
iods of impending or actual public crisis or disaster, and it is
the intent of this Council to provide the means whereby the Mayor
may take steps to protect lives and property, and maintain the
operation of the government, until the City Council, or the Governor
of the State of Texas, shall further act
Upon declaring such crisis, the Mayor shall have the following
powers
1 During a time of riot or assembly of three or more persons
acting together by use of force or violence, or if a clear and pre-
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sent danger exists of the use of force or violence, or during
time of natural disaster or man-made calamity, establish or im-
pose a general or limited curfew, and regulations pertaining
thereto
2 Limit or prohibit the sale or dispensing of any dangerous
product or alcoholic beverage, with or without the imposition of a
curfew
3 Place any limitation upon, or prohibition a~alnst, the
operation of any establishment selling, distributing, dispensing
or giving away any dangerous product or alcoholic beverage
4 The full power and authority to provide by proclamation
all regulations reasonably necessary to protect the health, sec-
urity, safety, peace, life, and property of the City, and its in-
habitants, during the time of such crisis
SECTION III
That notice of such proclamation and regulations shall be
gmven in the official newspaper of the City, or by local radio,
or by circulating notice, or by posting signs at conspicuous places
within the affected area The proclamation declaring the crisis,
and mmposing the regulations, shall automatically terminate at the
end of 72 hours from the time of declaration, unless extended by
the City Council, or bv the Governor
SECTION IV
That any person who violates any provision of this ordinance
or any regulation proclaimed hereunder, including a curfew, shall be
deemed guilty of a misdemeanor, and, upon convmction, shall be pun-
ished by a fine not to exceed no Hundred ($200 00) Dollars Each
such violation shall be treated as a separate offense
SECTION V
That if any section, subsection, paragraph, sentence, clause,
phrase or word in this ordinance, or applmcation thereof to any
person or circumstances, is held invalid by a court of competent
Jurisdiction, such holding shall not affect the validity of the
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remaining portions of this ordinance, and the City Council of the
City of Denton, hereby declares it would have enacted such remain
ing portions despite any such invalidity
SECTION VI
That this ordinance shall take effect fourteen (14) days
from the date of its passage, and the City Secretary ms hereby
directed to cause the caption of this ordinance to be published
twice in the Denton Record-Chronicle within ten (10) days of the
date of its passage
PASSED AND APPROVED this the ~ day of September, A D
1970
ATTEST
~0KS HOLT, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
JAJ~ q BARTO~X~Y XTTOR~EY
O~ DENTON, TEXAS
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