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§ 23-16 CERTAIN TICKET RESALES PROHIBITED ON CITY PROPERTY.
   (a)   Terms defined. In this section:
      CITY PROPERTY. Any property which is owned or used by the City of Fort Worth to which the public or a substantial group of the public has access and includes, but is not limited to, city streets, alleys, sidewalks, parks, grounds and buildings.
      EVENT. An event of public entertainment or amusement.
      EVENT SPONSOR. An owner, lessee, operator, promoter or manager of an event or the site of an event.
      RESELL. To sell a ticket after it has been purchased from the event sponsor or from an individual, corporation or association authorized to sell the ticket by the event sponsor.
   (b)   Prohibition. It shall be unlawful for any person while on city property to resell or offer to resell a ticket to an event for a price in excess of the price authorized to be offered to the general public by the event sponsor.
(Ord. 10852, § 1, passed 5-28-1991)
§ 23-17 PROHIBITION OF POSSESSION OF AEROSOL PAINT BY MINORS.
   (a)   Terms defined. In this section:
      AEROSOL PAINT. An aerosolized paint product, including a clear or pigmented lacquer or finish.
      MINOR. An individual younger than 17 years.
   (b)   Possession. It shall be unlawful for a minor to possess aerosol paint of any sort or character.
   (c)   Penalty. Any person violating the provisions of this section shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $500.
   (d)   Affirmative defense. It shall be an affirmative defense to a violation of this section that, at the time of possession, the minor was accompanied or supervised by a parent or guardian, a teacher in connection with a bona fide school project, a supervisor during the minor’s regular employment or that the minor possessed the aerosal paint on the property on which he or she lives or that the possession occurred as part of an organized event sponsored or supervised by the city, a school, a church or some other officially recognized entity.
(Ord. 11629, § 1, passed 7-6-1994)
Cross-reference:
   Graffiti, see App. B, §§ 11A-90 et seq.
§ 23-18 RESERVED.
Editor’s note:
   Ord. 16118, § 1, adopted Sept. 14, 2004, amended the code by consolidating the regulations of former § 23-18, which pertained to sexually oriented business offenses, and adding provisions designated as §§ 5.200 through 5.221 to Appendix A, Zoning. It should be noted that Ord. 16148, § 1, adopted Oct. 5, 2004 also repealed § 23-18. See also the Code Comparative Table.
§ 23-19 CURFEW HOURS FOR MINORS.
   (a)   Definitions. In this section:
      CURFEW HOURS.
         a.   11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday until 6:00 a.m. of the following day; and
         b.   12:01 a.m. until 6:00 a.m. on any Saturday or Sunday.
      DATE OF THE ADOPTION OF THIS SECTION. January 14, 2020.
      EMERGENCY. An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
      ESTABLISHMENT. Any privately-owned place of business operated for a profit to which the public is invited including but not limited to any place of amusement or entertainment.
      GUARDIAN.
         a.   A person who, under court order, is the guardian of a minor; or
         b.   A public or private agency with whom a minor has been placed by a court.
      MINOR. Any person under 17 years of age.
      OFFICER. A police officer, city marshal or deputy city marshal.
      OPERATOR. Any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.
      PARENT. A person who is:
         a.   A natural parent, adoptive parent, or step-parent of another person; or
         b.   At least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.
      PUBLIC PLACE. Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
      REMAIN. To:
         a.   Linger or stay; or
         b.   Fail to leave premises when requested to do so by an officer or the owner, operator, or other person in control of the premises.
      SERIOUS BODILY INJURY. Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
      THIS SECTION. Section 23-19 of the Fort Worth City Code.
   (b)   Offenses.
      (1)   A minor commits an offense if he remains in any public place or on the premises of any establishment within the city during curfew hours.
      (2)   A parent or guardian of a minor commits an offense if he knowingly permits, or by insufficient control allows, the minor to remain in any public place or on the premises of any establishment within the city during curfew hours.
      (3)   The owner, operator, or any employee of an establishment commits an offense if he knowingly allows a minor to remain upon the premises of the establishment during curfew hours.
   (c)   Defenses.
      (1)   It is a defense to prosecution under subsection (b) that the minor was:
         a.   Accompanied by the minor's parent or guardian;
         b.   On an errand at the direction of the minor's parent or guardian, without any detour or stop;
         c.   In a motor vehicle involved in interstate travel;
         d.   Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
         e.   Involved in an emergency;
         f.   On the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department or marshal's office about the minor's presence;
         g.   Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the City of Fort Worth, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the City of Fort Worth, a civic organization, or another similar entity that takes responsibility for the minor;
         h.   Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or
         i.   Married or had been married or had disabilities of minority removed in accordance with Chapter 31 of the Texas Family Code.
      (2)   It is a defense to prosecution under subsection (b)(3) that the owner, operator, or employee of an establishment promptly notified the police department or marshal's office that a minor was present on the premises of the establishment during curfew hours and refused to leave.
   (d)   Enforcement. Before taking any enforcement action under this section, an officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in subsection (c) is present.
   (e)   Penalties.
      (1)   A person who violates a provision of this section is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine not to exceed five hundred dollars ($500.00).
      (2)   When required by § 51.08 of the Texas Family Code, as amended, the municipal court shall waive original jurisdiction over a minor who violates subsection (b)(1) of this section and shall refer the minor to juvenile court.
   (f)   City manager's report. Before the third anniversary of the date of the adoption of this section, the city manager shall review this section, report to the city council, and make recommendations concerning the effectiveness of and need for this section. The city manager's report shall specifically include the following information:
      (1)   The practicality of enforcing this section and any problems with enforcement identified by the police department and city marshal's office;
      (2)   The impact of this section on crime statistics;
      (3)   The number of persons successfully prosecuted for a violation of this section; and
      (4)   The city's net cost of enforcing this section.
   (g)   City council review. Before the third anniversary of the date of the adoption of this section, and every third year thereafter, the city council shall:
      (1)   Review the section's effects on the community and on the problems the section was intended to remedy;
      (2)   Conduct public hearings on the need to continue the section; and
      (3)   Abolish, continue or modify the section.
   (h)   Sunset provision. Failure by the city council to act in accordance with paragraphs (g)(1)--(3) shall cause this section to expire at 12:01 a.m. January 14, 2023.
(Ord. 11593, § 1, passed 6-14-1994; Ord. 11615, §§ 1, 2, passed 7-12-1994; Ord. 13449, § 1, passed 5-19-1998; Ord. 14617, passed § 1, passed 5-15-2001; Ord. 15941, § 1, passed 4-6-2004; Ord. 18000-03-2008, § 1, passed 3-4-2008; Ord. 19555-02-2011, § 1, passed 2-15-2011; Ord. 21117-02-2014, § 1, passed 2-4-2014, eff. 2-11-2014; Ord. 22575-01-2017, § 1, passed 1-24-2017; Ord. 24015-01-2020, § 1, passed 1-14-2020)
§ 23-20 CERTAIN TICKET SALES PROHIBITED ON FW SPORTS AUTHORITY, INC. PROPERTY.
   (a)   Terms defined. In this section:
      EVENT. An event of public entertainment or amusement.
      EVENT SPONSOR. An owner, lessee, operator, promoter or manager of an event or the site of an event.
      FW SPORTS AUTHORITY, INC. The industrial development corporation established under the provisions of § 4B of the Development Corporation Act of 1979, V.C.S. Article 5190.6, for the development of facilities for sports, athletic, entertainment, tourist, convention and public park purposes and events, including without limitation the Texas Motor Speedway.
      RESELL. To sell a ticket after it has been purchased from the event sponsor or from an individual, corporation or association authorized by the event sponsor to sell the ticket.
   (b)   Prohibition. It shall be unlawful for any person to resell or offer to resell a ticket to an event while on property owned, leased or managed by FW Sports Authority, Inc., specifically including without limitation the Texas Motor Speedway.
   (c)   Penalty. Any person violating the provisions of this section shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $500.
(Ord. 15120, § 1, passed 6-4-2002)
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