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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 It should be noted that Ord. 16148, § 1, adopted Oct. 5, 2004 also repealed § 23-18.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.
(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.
(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)
(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)
(a) Terms defined. In this section:
AUTHORIZATION. Express written permission given by the property owner or the owner's agent.
EDUCATIONAL INSTITUTION. Any private school, including a parochial school that offers a course of instruction for students in one or more grades from kindergarten through grade 12, or a private college or university.
CAMP. To reside, dwell, or otherwise remain temporarily in a place, using transitory shelter.
GOVERNMENTAL ENTITY. Any federal, state or local government, including, but not limited to, a municipality, county, unit of state government, public school district, junior college district or special purpose district.
NON-RESIDENTIAL. Any property or area within the territorial limits of the city that is not included in a residential district as defined in the zoning ordinance or that is used for a commercial or industrial use.
PRIVATE PROPERTY. Property or an area that is owned by an entity or individual that is not a governmental entity or educational institution.
RESIDENTIAL. Any property or area within the territorial limits of the city that is located in a residential district as defined in the zoning ordinance including vacant residentially-zoned lots.
TRANSITORY SHELTER. Without limitation, any vehicle or motor vehicle, including recreational vehicles and truck-tractors, any tent, tarpaulin, lean-to, sleeping bag, bedroll, blankets, or any form of cover or protection from the elements other than clothing. A recreational vehicle, semi-truck, or tractor trailer lawfully parked at a truck stop with fuel and accessory services shall not be considered transitory shelter for the purpose of this section.
(b) Prohibition. It shall be unlawful for any person to camp upon any:
(1) Non-residential private property without possessing authorization of the property owner or the owner's agent;
(2) Residential private property that has no permanent dwelling, or that is lacking a potable water source and toilet facilities, without possessing authorization of the property owner or the owner's agent; or
(3) Residential private property that has a permanent dwelling and both potable water source and toilet facilities, without possessing authorization of the property owner or the owner's agent.
(c) Defenses. It is an affirmative defense to prosecution that a person charged with violation of this section owns the property.
(d) 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.
(e) Any property on which camping occurs shall be subject to all other ordinances of the City of Fort Worth, including those related to zoning and health and safety.
(Ord. 23839-09-2019, § 1, passed 9-17-2019, eff. 9-25-2019)
(a) The following words, terms, and phrases when used in this section, shall have the meaning ascribed to them in this section, exception where the context clearly indicates different meaning:
AMUSEMENT REDEMPTION MACHINE. Any electronic, electromechanical or mechanical contrivance, including sweepstakes machines, designed, made, and adapted solely for bona fide amusement purposes, and that by operation of chance or a combination of skill and chance affords the user, in addition to any right of replay, an opportunity to receive exclusively non-cash merchandise prizes, toys or novelties, or a representation of a value redeemable for those items and is in compliance with Tex. Penal Code § 47.01(4)(b).
AMUSEMENT REDEMPTION MACHINE does not include:
(1) A machine that awards the user non-cash merchandise prizes, toys or novelties solely and directly from the machine, including claw, crane or other similar machines; or
(2) A machine from which the opportunity to receive non-cash merchandise prizes, toys or novelties, or a representation of value redeemable for those items, varies depending on the user's ability to throw, roll, flip, toss, hit or drop a ball or other physical objects into the machine or a part thereof, including basketball, golf, bowling or similar machines. A representation of value means cash paid under authority of sweepstakes contestants as provided by the Tex. Business and Commerce Code § 43, or a gift certificate or gift card that is presented to a merchant in exchange for merchandise.
CITY OFFICIAL. A police officer, code enforcement officer, fire marshal or building official of the city.
GAMBLING DEVICE. Any electronic, electromechanical, or mechanical contrivance that for a consideration affords the player an opportunity to obtain anything of value, the award of which is determined solely or partially by chance, even though accompanied by some skill, whether or not the prize is automatically paid by the contrivance. The term includes, but is not limited to, gambling device versions of bingo, keno, blackjack, lottery, roulette, video poker, or similar electronic, electromechanical, or mechanical games, or facsimiles thereof, that operate by chance or partially so, that as a result of the play or operation of the game award credits or free games, and that record the number of free games or credits so awarded and the cancellation or removal of the free games or credits.
GAME ROOM. A building, facility or other place where amusement redemption machines or gambling devices are present.
(b) Restrictions, regulations, controls and limitations.
(1) It shall be an offense for any person, firm, or corporation to maintain, display for patronage or otherwise keep for operation by the patrons any amusement redemption machine or gambling device.
(2) No person, firm, or corporation shall operate a game room within the city limits, nor shall game rooms be permitted in any zoning district.
(3) Nothing contained herein shall be construed or have the effect to license, permit, authorize or legalize any existing or future machine, device, table, amusement redemption machine, gambling device or gaming machine, the keeping, exhibition, operation, display or maintenance of which is illegal or in violation of any ordinance of the city, any section of the penal code of this state, or the constitution of this state.
(c) Enforcement.
(1) In addition to prohibiting certain conduct by individuals, it is the intent of this section to hold a corporation or association criminally responsible for prohibited conduct performed by an agent acting on behalf of a corporation or association and within the scope of the agent's office or employment.
(2) The City of Fort Worth Municipal Court shall have the power to issue to the city official or their designee search warrants, or other process allowed by law, where necessary to aid in enforcing this section.
(3) A person who violates any provision of this section is guilty of a separate offense for each day or portion of a day during which the violation is continued. Each offense is punishable by a fine in accordance with applicable law.
(4) This section may be enforced by civil court action as provided by state and federal law.
(5) In addition to the criminal offenses and penalties prescribed in this section, the city may pursue other remedies such as abatement of nuisances, injunctive relief, administrative adjudication and revocation of licenses or permits. Any person found guilty of violating the provisions of this section shall become liable to the city for any expense, loss, or damage incurred by the city by reason of remediating such violation.
(Ord. 27222-10-2024, § 2, passed 10-15-2024, eff. 11-1-2024)