1969-042 NO
AN ORDINANCE AMENDING THE CODE OF THE CITY OF DENTON, TEXAS,
DECLARING CERTAIN ACTS OF LOITERING OR PROWLING TO BE UNLAW-
FUL, DEFINING THE SAME, AND PROVIDING A PENALTY FOR VIOLATIONS
THEREOF, DECLARING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS
PART I
That the Code of Ordinances of the City of Denton, Texas,
is hereby amended by repealing existing Section 14-38 of
Article III, Chapter 14 of said Code, and adding in place
thereof new Section 14-38 which shall hereafter read as follows
SECTION 14-38
It shall be unlawful for any person to loiter or prowl
in a place, at a time, or in a manner not usual for law-
abiding individuals under circumstances that warrant alarm
for the safety of persons or property in the vicinity
Among the circumstances which may be considered in determining
whether such alarm is warranted is the fact that the actor
takes flight upon appearance of a peace officer, refuses to
identify himself, or manifestly endeavors to conceal himself
or any object Unless flight by the actor or other circum-
stance makes it impracticable, a peace officer shall prior to
any arrest for an offense under this section afford the actor
an opportunity to dispel any alarm which would otherwise be
warranted, by requesting him to identify himself and explain
his presence and conduct No person shall be convicted of an
offense under this section if the peace officer did not comply
with the preceding sentence, or if it appears at trial that
the explanation given by the actor was true and, if believed
by the peace officer at the time, would have dispelled the
alarm
PART II
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 within
ten (10) days of the date of its passage
PASSED AND APPROVED this the 25th day of November, A D
1969
CITY OF DENTON, TEXAS
ATTEST
BR~KS HOLT, CITY SECRETARY
CITY OF DENTON, TEXAS
APPR~VED~S TO LEGAL FORM
I K Q BARTON, CITY ATTORNEY
Y OF DENTON, TEXAS