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It shall be unlawful for any person to permit any well, cistern or other excavation on premises owned or occupied by him or her to remain open or uncovered to the danger of others.
(1998 Code, § 78-8) Penalty, see § 130.99
(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONTROLLED SUBSTANCE. The meaning ascribed to it by Tex. Health and Safety Code § 481.002(5), or any amendments thereto.
CONTROLLED SUBSTANCE ANALOGUE. The meaning ascribed to it by Tex. Health and Safety Code § 481.002(6), or any amendment thereto.
DANGEROUS DRUG. The meaning ascribed to it by Tex. Health and Safety Code § 483.001(2), or any amendment thereto.
PROHIBITED SUBSTANCE. A controlled substance, controlled substance analogue, dangerous drug, volatile chemical or any combination thereof.
VOLATILE CHEMICAL. Any of the chemicals, or an isomer of any of the chemicals, as defined by state law.
(B) A person commits an offense with intent to acquire a prohibited substance if he or she requests, commands or attempts to induce another to sell, donate or otherwise transfer or deliver a prohibited substance to the person.
(C) A person may not be convicted under this section on the uncorroborated testimony of the person allegedly solicited unless the solicitation is made under circumstances corroborative of both the solicitation itself and the actor’s intent that the other person act on the solicitation.
(D) It is no defense to prosecution under this section that:
(1) No monetary or other consideration was tendered to the person solicited; and/or
(2) The person solicited was unable or unwilling to transfer or deliver a prohibited substance.
(E) It is an affirmative defense to any prosecution under this section that:
(1) The solicitation is made in furtherance of a transaction which would not constitute a violation of any applicable law; and/or
(2) The solicitation is made by a peace officer or federal law enforcement officer in the lawful discharge of his or her duties or by a law enforcement agent acting in the lawful discharge of an official duty.
(1998 Code, § 78-9) Penalty, see § 130.99
It shall be unlawful for a person to enter or remain upon the premises of another without the effective consent of the owner or occupier of the premises.
(1998 Code, § 78-10) (Ord. 03-08, passed 3-5-2003) Penalty, see § 130.99
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY BUILDING. Any building or portion of a building owned, occupied, leased or controlled by the city for city operations and/or activities. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage or other parking area.
GUN, PISTOL, RIFLE and FIREARM. All percussion weapons, and also include all air guns, air pistols, air rifles and all other firearms using air pressure to propel a projectile.
HANDGUN. Any firearm that is designed, made or adapted to be fired with one hand. The term CONCEALED HANDGUN means a handgun, the presence of which is not openly discernible to the ordinary observation of a reasonable person.
(B) Firearms prohibited. It shall be unlawful for any person, other than a certified peace officer, to carry a firearm in any city building or in any city park, regardless of whether or not the person is duly licensed by the state to carry a concealed handgun.
(C) Exceptions. This section shall not be construed to prohibit any officer of the law from discharging a firearm in the performance of his or her duty, or to prohibit any citizen from discharging a firearm when lawfully defending person or property.
(1998 Code, § 78-81) (Ord. 95-21, passed 12-6-1995) Penalty, see § 130.99
(A) Finding and intent.
(1) The foregoing recitals are hereby found to be true and correct and are hereby adopted by the City Commission and made a part hereof for all purposes as findings of fact.
(2) Further, the City Commission finds that sex offenders that use physical violence and who are convicted of preying on children are sexual predators who present an extreme threat to the health, safety and welfare of children.
(3) Sex offenders are likely to use physical violence, to repeat an offense, have many more victims that are ever reported, are prosecuted for only a fraction of their actual sexual offenses, and children not only lack the ability to protect themselves, but additional measures should be taken to keep known sex offenders from having access to children in areas where children generally feel safe.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PERMANENT RESIDENCE. A place where the person abides, lodges or resides for 14 or more consecutive days.
TEMPORARY RESIDENCE. A place where the person abides, lodges or resides for a period of 14 or more days in the aggregate during any calendar year, and which is not the person’s permanent address, or a place where the person routinely abides, resides or lodges for a period of four or more consecutive or non-consecutive days in any month, and which is not the person’s permanent residence.
(C) Sex offender residency prohibition; penalty; and exceptions.
(1) If a person is required to register on the Department of Public Safety’s sex offender database because of a violation involving a victim who was less than 17 years of age, it is unlawful for that person to establish a permanent residence or temporary residence within 2,500 feet of any premises where children commonly gather, including a playground, school, day care facility, video arcade facility, public or private youth center, public swimming pool, or public park, as those terms are defined in Tex. Health and Safety Code Art. 481.134. It shall be prima facie evidence that this section applies to such person if the person’s record appears on the database and the database indicates that the victim was less than 17 years of age.
(2) For the purpose of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the permanent or temporary residence to the nearest property line of the premises where children commonly gather, as described herein, or in the case of multiple residences on one property, measuring from the nearest wall of the building or structure occupied or the parking/driveway, whichever is closer to the nearest property line of the premises where children commonly gather, as described herein.
(3) It is unlawful to stop, sit, park, stand or loiter for any period of time exceeding the amount of time reasonably necessary to engage in legitimate activity within 2,500 feet of such facilities and locations as designated in this section.
(4) (a) Nothing in this section shall be interpreted to modify or reduce the state’s Child Safety Zone, being Tex. Gov’t Code § 508.187.
(b) A person, as described in division (C)(1) above, residing within 2,500 feet of those places where children commonly gather does not commit a violation of this section if any of the following apply:
1. The person established the permanent or temporary residence and has complied with all the sex offender registration laws of the state, prior to the date of the adoption of this section; and has not established another permanent or temporary residence at any time afterwards;
2. The person was a minor when he or she committed the offense and was not convicted as an adult;
3. The person is a minor;
4. The premises where children commonly gather, as specified herein, within 2,500 feet of the person’s permanent or temporary residence, was opened after the person established the permanent or temporary residence and complied with all sex offender registration laws of the state; and/or
5. The person proves that the information on the database is incorrect and that, if corrected, this chapter would not apply to the person.
(D) Property owners prohibited from renting real property to sex offenders. It is unlawful to let or rent any place, structure or part thereof, manufactured home, trailer or other conveyance, with the knowledge that it will be used as a permanent residence or temporary residence by any person prohibited from establishing such permanent residence or temporary residence pursuant to the terms of this chapter, if such place, structure or part thereof, manufactured home, trailer or other conveyance is located within 2,500 feet, as defined in division (C)(2) above, of any premises where children commonly gather, including a playground, school, day care facility, video arcade facility, public or private youth center, or public swimming pool, as those terms are defined in Tex. Health and Safety Code Art. 481.134.
(1998 Code, § 78-86) (Ord. 07-10, passed 2-21-2007; Ord. 07-12, passed 3-7-2007; Ord. 16-02, passed 2-17-2016) Penalty, see § 130.99
CURFEW HOURS FOR MINORS
Editor’s note:
Ord. 10-13, adopted 5-5-2010, included provisions which stated “That the curfew regulations set out in Chapter 78, ‘Offenses and Miscellaneous Provision’, Division 2, ‘Curfew for Minors’, of the Code of Ordinances of the City of Texas City, are hereby renewed and continued in accordance with the requirements of law”. Chapter 78 of the 1998 code has since been renumbered herein.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CURFEW HOURS.
(1) 9:00 a.m. until 2:30 p.m. on any school day; and
(2) 11:30 p.m. on any Sunday, Monday, Tuesday, Wednesday, Thursday, Friday or Saturday until 5:00 a.m. of the following day.
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 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.
(1) A person who, under court order, is the guardian, managing conservator or possessory conservator of the person of a minor; and
(2) A public or private agency with whom a minor has been placed by a court.
MINOR. Any person under 17 years of age, or where disabilities have not been removed by law as provided in § 130.27(A)(9) of this chapter.
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 natural parent, adoptive parent or stepparent of a minor, or a person at least 21 years of age who is authorized by the parent or guardian of a minor to have the care and custody of such minor.
POLICE DEPARTMENT. The Texas City Police Department.
PUBLIC PLACE. Any place to which the public or a substantial group of the public has access and shall include, but not be limited to, streets, highways and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, restaurants, theaters, game rooms, shops, shopping centers or any other place that offers for sale services or merchandise.
REMAIN. To:
(1) Linger or stay; or
(2) Fail to leave premises when requested to do so by a police 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.
(1998 Code, § 78-51) (Ord. 94-27, passed 12-21-1994; Ord. 95-23, passed 12-20-1995; Ord. 98-21, passed 6-17-1998; Ord. 07-35, passed 9-19-2007; Ord. 20-01, passed 1-15-2020)
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