ARTICLE 14.01 GENERAL PROVISIONS

Endangers or injures the safety or health of any person;

Is unwanted and causes or tends to cause annoyance or disturbance to a reasonable person of ordinary sensibilities; or

Invades, endangers, injures, or negatively affects personal or real property.

Operator.

Any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment; and whenever used in any clause prescribing a penalty, the term as applied to associations or partnerships shall include the members or partners thereof and as applied to corporations shall include the officers thereof.

Parent.

Any natural parent of a juvenile, a legal guardian, or any adult person, eighteen (18) years or older, in whose care the juvenile has been placed by the natural parent or legal guardian.

Person.

Any individual, firm, association, partnership, corporation, or any other entity, public or private.

Pipe.

Any device designed for the burning of any substance and for the inhalation of its smoke.

Private school.

A private school, including a parochial school, that:

Offers a course of instruction for students in one or more grades from kindergarten through grade 12; and

Vibration perception threshold.

Has more than 100 students enrolled and attending courses at a single location.

Property boundary.

An imaginary line at the ground surface and its vertical extension which separates the real property owned or occupied by one person from that owned or occupied by another person.

Public place.

Any public street, highway, road, alley, park, playground, public building, parkway, or vacant lot.

Public right-of-way.

Any street, avenue, boulevard, highway, alley or similar place which is owned or controlled by a public governmental entity.

Public service work.

Work conducted by a governmental entity in the interest of the community.

Remain.

To stay behind, to tarry and stay unnecessarily upon a public place, including congregating in groups totaling four (4) or more juveniles in which any minor included would not be using the public place for an ordinary or serious purpose such as passage or going home.

Sound.

A temporal and spatial oscillation in pressure, or other physical quantity in a medium with internal forces that causes compression and rarefaction of that medium, and which propagates at finite speed to distant points.

Stationary sound source.

Any device, fixed or movable, which is located or used on property other than a public right-of-way.

Time of night.

The prevailing local standard of time at the date in question, whether Central Standard Time or Central Daylight Saving Time, as observed by the public. The time maintained by the Lubbock Police Department shall be prima facie evidence of the time of day for continued implementation of this division.

Vibration.

A temporal and spatial oscillation of displacement, velocity or acceleration in a solid material.

The minimum ground- or structure-borne vibrational motion necessary to cause a person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects.

Year of age.

This term means the time from one birthday, such as the sixteenth, to the next, but not including the day of the next birthday. Thus, upon a person’s seventeenth birthday, he or she will cease to be a juvenile regulated by article 14.03, division 2.

(1983 Code, secs. 18-4, 18-46; Ordinance 2004-O0114, sec. 1, adopted 10/11/2004; Ordinance 2006-O0103, sec. II, adopted 10/13/2006; Ordinance 2012-O0084, sec. 1, adopted 8/23/2012)

§ 14.01.002 Presumption as to owner, occupant of property or vehicle in violation.

The occupant of any premises upon which a violation of this code or any ordinance is apparent, the owner of any object or material placed or remaining anywhere in violation of this code or any ordinance and the occupant of any premises served by an excavation or structure illegally made or erected shall be deemed prima facie responsible for the violation so evidenced and subject to the penalty provided.

The fact that a motor vehicle which is illegally parked is registered in the name of a person shall be considered prima facie proof that such person was in control of the automobile at the time of such parking.

§ 14.01.003 Abandonment of iceboxes and other airtight containers.

The fact that a vehicle used to haul garbage, rubbish, refuse or other waste matter arrives at a city landfill in an uncovered condition shall be considered prima facie proof that the registered owner was responsible for the vehicle not having its load covered so as to prevent the loss or discharge of such waste matter.

(1959 Code, sec. 1-5.1; Ordinance 3415, sec. 1, adopted 3/23/1961; 1983 Code, sec. 1-5; Ordinance 8902, sec. 1, adopted 3/27/1986; Ordinance 2012-O0084, sec. 1, adopted 8/23/2012)

It shall be unlawful for any person to leave outside of any building or dwelling, in a place accessible to children, any abandoned, unattended or discarded icebox, refrigerator or any other container of any kind which has an airtight door or a lock which may not be released for opening from the inside, or to so leave such an icebox, refrigerator or other container which has an airtight snap lock or other device thereon, without first removing the snap lock or doors.

(Ordinance 1456, secs. 1, 2, adopted 10/8/1953; 1959 Code, sec. 19-1; 1983 Code, sec. 18-1; Ordinance 2012-O0084, sec. 1, adopted 8/23/2012)

§ 14.01.004 Loitering, loafing near schools.

It shall be unlawful for any person, during school hours or during the time pupils are gathering at school or leaving school, to loaf or loiter on the streets, alleys, sidewalks or any other public place, or in any building or structure open to the public, within two hundred fifty (250) yards of any public, private or parochial school including but not limited to universities, colleges, high schools, junior high schools or elementary schools, or any combination thereof, or within two hundred fifty (250) yards of any real estate used, occupied or in any manner dedicated to exclusive use or occupancy as a school, or as a part or appurtenance thereof, including but not limited to buildings, dormitories, campuses, athletic fields, tennis courts and playgrounds, for the purpose of attracting, enticing or luring any school child or children to engage in truancy or to commit, participate in or view any immoral or unlawful act.

Editor’s note–See corresponding note located in Appendix A of this code.

(1959 Code, sec. 19-6.1; Ordinance 3341, sec. 1, adopted 1/12/1961; 1983 Code, sec. 18-2; Ordinance 2012-O0084, sec. 1, adopted 8/23/2012)

§ 14.01.005 Peeping Toms.

It shall be unlawful for any person to prowl, loiter, enter into or go near or about the premises of another, without the express or implied invitation and consent of the occupant, or to go near or about the residence, room, house, hotel, tourist cabin, business house, or other building or place of abode on such premises, thereby invading the privacy of the occupants, for the purpose of, or by, peeping, spying, or looking therein.

(Ordinance 995, sec. 2, adopted 6/8/1950; 1959 Code, sec. 19-10; 1983 Code, sec. 18-5; Ordinance 2012-O0084, sec. 1, adopted 8/23/2012)

§ 14.01.006 Trespass.

It shall be unlawful for any person to prowl, loiter, enter into or go about the premises of another, without the invitation or consent, either express or implied, of any occupant of any room, house, hotel, tourist cabin, business house, or other buildings on or near the premises, and such a person shall be guilty of trespassing.

(Ordinance 995, sec. 1, adopted 6/8/1950; 1959 Code, sec. 19-12; 1983 Code, sec. 18-6; Ordinance 2012-O0084, sec. 1, adopted 8/23/2012)

§ 14.01.007 Alcoholic beverages–Sale near church, school or hospital.

It shall be unlawful for any person to sell or engage in the business of selling any alcoholic beverage where such place of business is located within three hundred (300) feet of any church, public or private school or public hospital. Provided, that this section shall not apply to any dealer whose place of business is within three hundred (300) feet of any church, public or private school or public hospital as of the date of the adoption of this section, or to any of their successors.

The measurement of the distance between the place of business where alcoholic beverages are sold and the church or public hospital shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections. The measurement of the distance between the places of business where alcoholic beverages are sold and the public or private school shall be:

In a direct line from the property line of the public or private school to the property line of the place of business, and in a direct line across intersections; or

If the permit or license holder is located on or above the fifth story of a multistory building, in a direct line from the property line of the public or private school to the property line of the place of business, in a direct line across intersections, and vertically up the building at the property line to the base of the floor on which the permit or license holder is located.

A permit or license holder under chapters 25 (wine and beer retailer’s permit), 28 (mixed beverage permit), 32 (private club registration permit), 69 (retail dealer’s on-premise license), or 74 (brewpub license) of the Texas Alcoholic Beverage Code who does not hold a food and beverage certificate may not sell or engage in the business of selling an alcoholic beverage at a place of business located within 300 feet of a day-care center or child-care facility. This section does not apply to a permit or license holder who sells alcoholic beverages if:

The permit or license holder and the day-care center or child-care facility are located on different stories of a multistory building; or

§ 14.01.008 Same–Time of consumption, service or possession.

The permit or license holder and the day-care center or child-care facility are located in separate buildings and either the permit or license holder or the day-care center or child-care facility is located on the second story or higher of a multistory building.

(d)

If at the time an original alcoholic beverage permit or license is granted for a premises, the premises satisfies the requirements regarding distance from schools, churches, and hospitals, the premises shall be deemed to satisfy the distance requirements for all subsequent renewals of the license or permit.

(e)

On the sale or transfer of the premises or the business on the premises in which a new original license or permit is required for the premises, the premises shall be deemed to satisfy any distance requirements as if the issuance of the new original permit or license were a renewal of a previously held permit or licensed.

(f)

A violation of any provision of this section by any person shall be deemed a misdemeanor punishable in accordance with section 1.01.004 of this code.

(1959 Code, sec. 19-20.1; Ordinance 6699, sec. 1, adopted 8/9/1973; 1983 Code, sec. 18-11; Ordinance 2009-O0060, sec. 1, adopted 7/8/2009; Ordinance 2012-O0084, sec. 1, adopted 8/23/2012)

It shall be unlawful for any person to consume, or possess for consuming, any alcoholic beverage in any public place within the city at any time on Sunday between the hours of 2:15 a.m. and 12:00 noon and on all other days at any time between the hours of 2:15 a.m. and 7:00 a.m. Provided, however, any private club which causes, permits and allows service and consumption of alcoholic beverages on its premises during the additional hours authorized above must comply with the statutes of the state and the regulations of the Texas Alcoholic Beverage Commission, particularly the provision requiring the securing of a private club late hours permit.

§ 14.01.009 Curfew for specific city property.

The violation of any provision of this section shall be deemed a misdemeanor, and, upon conviction thereof, punishment shall be a fine not to exceed the maximum imposed by the Alcoholic Beverage Code or any amendments thereto, which maximum fine is now fifty dollars ($50.00).

(1959 Code, sec. 19-20; Ordinance 6223, sec. 1, adopted 11/24/1971; 1983 Code, sec. 18-12; Ordinance 2012-O0084, sec. 1, adopted 8/23/2012)

As used in this section, the following words shall have the meaning ascribed herein:

City Hall.

The grounds including and surrounding the City Hall Building (1625 13th Street) in Lubbock, Texas, that are contained within the following boundaries, including the east parking lot adjacent to the City Hall Building:

A 2.56 acre tract of land out of Lot C, G.A. Rush Addition to the City of Lubbock, Lubbock County, Texas, and being more particularly described as follows:

(A)

Beginning at a found “x” on concrete for the northwest corner of this tract, also being the northwest corner of Lot C, G. A. Rush Addition to the City of Lubbock, Lubbock County, Texas;

(B)

Thence east, 345.0 feet to a found railroad spike, for a corner of this tract;

(C)

Thence north, 0.6 feet to a found railroad spike, for a corner of this tract;

(D)

Thence east, 25.0 feet to a found railroad spike, for a corner of this tract;

(E)

Thence south, 104.0 feet to a found railroad spike, for a corner of this tract;

(F)

Thence east, 150.0 feet to a found “x” on concrete, for the south-northeast corner of this tract;

(G)

Thence south, 178.0 feet to a railroad spike, set for the southeast corner of this tract;

(H)

Thence west, 292.0 feet to a railroad spike, set for a corner of this tract;

(I)

Thence north, 81.7 feet to a point on building wall, for a corner of this tract, an “x” on concrete bears east, 0.4 feet;

(J)

Thence west, 216.0 feet to an “x” on concrete, set for a corner of this tract;

(K)

Thence north, 27.7 feet to an “x” on concrete, set for a corner of this tract;

(L)

Thence west, 12.0 feet to an “x” on concrete, set for the southwest corner of this tract;

(M)

Thence north, 172.0 feet to the point of beginning.

Groves Branch Library.

The grounds including and surrounding the Groves Branch Library Building (5520 19th Street) described as Lot One (1), West Lubbock Library Branch, an addition to the City of Lubbock, Lubbock County, Texas.

Lubbock Business Center.

The grounds including and surrounding the Lubbock Business Center Building (1301 Broadway) in Lubbock, Texas, that are contained within the following boundaries:

Beginning at the intersection of 13th Street and Avenue M;

North on Avenue M to Broadway;

East on Broadway to Avenue L;

South on Avenue L to 13th Street;

Lubbock Memorial Civic Center/Mahon Public Library Complex.

West on 13th Street to Avenue M to the point of beginning.

The grounds including and surrounding the Lubbock Memorial Civic Center (1501 Mac Davis Lane) and the Mahon Public Library (1306 9th Street) in Lubbock, Texas, that are contained within the following boundaries:

Beginning at the intersection of 9th Street and Avenue O;

North on Avenue O to Mac Davis Lane;

East on Mac Davis Lane to Avenue K;

South on Avenue K approximately 567-1/2 feet to Avenue L;

Patterson Branch Library.

Southwesterly on Avenue L to 9th Street;

(6)

West on 9th Street to Avenue O to the point of beginning.

Included in this definition are:
(1)	The parking lot north of the above-described property (1400 Mac Davis Lane) described as Lot One (1), Block One (1), Memorial Center Addition to the City of Lubbock, Lubbock County, Texas; and
(2)	The parking lot southeast of the Mahon Public Library (901 Avenue K) contained within the following boundaries:
	(A)	Beginning at the intersection of 10th Street and Avenue L;
	(B)	North on Avenue L to 9th Street;
	(C)	East on 9th Street to Avenue K;
	(D)	South on Avenue K to 10th Street;
	(E)	West on 10th Street to Avenue L to the point of beginning.

The grounds including and surrounding the Patterson Branch Library Building (1836 Parkway) described as Lot One (1), East Lubbock Library Branch, an addition to the City of Lubbock, Lubbock County, Texas.

The following city property will be closed to the public each day from 12:00 midnight until 5:00 a.m.:

Lubbock Memorial Civic Center/Mahon Public Library Complex;

Groves Branch Library;

Patterson Branch Library;

City Hall; and

Lubbock Business Center.

A person commits an offense if he is on the premises of a city property designated in subsection (b) during hours in which the property is closed. The definition of the offense set forth herein plainly dispenses with any culpable mental state or mental element.

(d)

A person shall not be in violation of subsection (c) if that person is:

Attending or working at a meeting, special event, activity, convention, or program that was being conducted with city authorization on the city property or subsequently leaving the meeting, special event, activity, convention, or program within a reasonable time after it had ended for the day;

On the city property in accordance with the terms of a lease, rental agreement, contract, or other written permission from the city; or

§ 14.01.010 Sale, public display for sale, attempted sale, gift, barter, delivery, possession, or use of illicit synthetic drugs and misbranded drugs.

A city employee or a law enforcement officer in the performance of official duties.

(Ordinance 2010-O0097, sec. 1, adopted 12/15/10; Ordinance 2012-O0084, sec. 1, adopted 8/23/2012)

It shall be unlawful for any person, knowingly, to sell, publicly display for sale, attempt to sell, give, barter, deliver, possess, or use the following substances within the city limits:

Any substance listed as a controlled substance or a controlled substance analogue as defined in chapter 481 of the Texas Health and Safety Code;

[(1R, 2R, 5R)-2-[2, 6-dimethoxy-4-(2-methyloctan-2-yl) phenyl]-7, 7-dimethyl-4- bicyclo [3.1.1] hept-3-enyl] methanol, commonly known as HU-308;

(6aR, 10aR)-3-(1, 1-Dimethylbutyl)-6a, 7, 10, 10a-tetrahydro-6, 6, 9-trimethyl-6H- dibenzo [b,d] pyran, commonly known as JWH-133;

(–)-2ß-Carbomethoxy-3ß-(4-fluorophenyl) tropane, commonly known as ß-CFT, WIN-35, 428;

(6aR, 10aR)-1-methoxy-6, 6, 9-trimethyl-3-(2-methyloctan-2-yl)-6a, 7, 10, 10a- tetrahydrobenzo [c] chromene, commonly known as L-759, 633;

(6)

N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-caboxamide, commonly known as AB-PINACA;

(7)

1-pentyl-N-tricyclo [3.3.1.13,7] dec-1-yl-1H-indazole-3-carboxamide, commonly known as APINACA;

(8)

(2-iodophenyl) (1-pentyl-1H-indole-3-yl)-methanone, commonly known as AM-679;

(9)

1-[(5-fluoropentyl)-1H-indole-3-yl]-(2-iodophenyl) methanone, commonly known as AM-694;

(10)

1-[(5-fluoropentyl)-6-nitro-1H-indole-3-yl]-(naphthalen-1-yl) methanone, commonly known as AM-1235;

(11)

(2-iodo-5-nitrophenyl)-[1-[(1-methylpiperidin-2-yl) methyl] indole-3-yl] methanone, commonly known as AM-1241;

(12)

3-(1-naphthalenylcarbonyl)-1H-Indole-1-pentanenitrile, commonly known as AM-2232;

(13)

(1-(5-fluoropentyl)-1H-indole-3-yl) (4-ethyl-1-naphthalenyl)-methanone, commonly known as EMA-2201;

(14)

2-phenyl-1-(1-pentylindole-3-yl) ethanone or 1-(1-pentyl-1H-indole-3-yl)-2- phenylethanone, commonly known as JWH-167;

(15)

(1-pentyl-indole-3-yl) naphthalen-1-yl-methane, commonly known as JWH-175;

(16)

1-[(E)-(3-pentyl-1H-inden-1-yl-idene) methyl]-naphthalene, commonly known as JWH-176;

(17)

3-[(4-methyl-1-naphthalenyl) methyl]-1-pentyl-1H-indole, commonly known as JWH-184;

(18)

3-[(4-methoxy-1-naphthalenyl) methyl]-1-pentyl-1H-indole, commonly known as JWH-185;

(19)

2-methyl-3-(1-naphthalenylmethyl)-1-pentyl-1H-indole, commonly known as JWH-196;

(20)

2-methyl-1-pentyl-1H-indole-3-yl-(4-methoxy-1-naphthyl) methane, commonly known as JWH-197;

(21)

1-[2-(4-morpholino) ethyl]-1H-indole-3-yl-(4-methoxy-1-naphthyl) methane, commonly known as JWH-199;

(22)

1-pentyl-3-(2-chlorophenylacetyl) indole, commonly known as JWH-203;

(23)

1-pentyl-2-methyl-3-(phenylacetyl) indole, commonly known as JWH-205;

(24)

1-pentyl-3-(4-methylphenylacetyl) indole, commonly known as JWH-208;

(25)

1-pentyl-3-(3-methoxyphenylacetyl) indole, commonly known as JWH-238;

(26)

1-pentyl-3-(4-bromophenylacetyl) indole, commonly known as JWH-248;

(27)

1-pentyl-3-(2-bromophenylacetyl) indole, commonly known as JWH-249;

(28)

1-pentyl-3-(2-methoxyphenylacetyl) indole, commonly known as JWH-250;

(29)

1-pentyl-3-(2-methylphenylacetyl) indole, commonly known as JWH-251;

(30)

1-pentyl-2-methyl-3-(2-methylphenylacetyl) indole, commonly known as JWH-252;

(31)

2-(3-methoxyphenyl)-1-(1-pentylindole-3-yl) ethanone, commonly known as JWH-302;

(32)

2-(3-Chlorophenyl)-1-(2-methyl-1-pentyl-1H-indole-3-yl) ethanone, commonly known as JWH-303;

(33)

2-(2-Bromophenyl)-1-(2-methyl-1-pentyl-1H-indole-3-yl) ethanone, commonly known as JWH-305;

(34)

2-(2-Methoxyphenyl)-1-(2-methyl-1-pentyl-1H-indole-3-yl) ethanone, commonly known as JWH-306;

(35)

1-pentyl-3-(2-fluorophenylacetyl) indole, commonly known as JWH-311;

(36)

2-(3-Fluorophenyl)-1-(1-pentyl-1H-indole-3-yl) ethanone, commonly known as JWH-312;

(37)

2-(4-Fluorophenyl)-1-(1-pentyl-1H-indole-3-yl) ethanone, commonly known as JWH-313;

(38)

2-(2-fluorophenyl)-1-(2-methyl-1-pentylindole-3-yl) ethanone, commonly known as JWH-314;

(39)

2-(3-fluorophenyl)-1-(2-methyl-1-pentylindole-3-yl) ethanone, commonly known as JWH-315;

It shall be unlawful for any person, knowingly, to breathe, inhale, drink, or otherwise ingest, any compound, liquid, or chemical listed within this section, for the purpose of inducing a condition of intoxication, stupefaction, giddiness, paralysis, irrational behavior, or which, in any manner, changes, distorts, or disturbs the auditory, visual, or mental process of the user.