It shall be unlawful for any person to intentionally avoid payment
for any service or use of any property or facility of the city, whether
real or personal, that he knows is provided or used only with compensation
and he intentionally or knowingly secures performance of the service
or uses the property or facility to which he is not entitled either
by deception, threat, false token, impersonation, or fraud. Such services,
property or facilities shall include but not be necessarily limited
to utilities, ball fields, parks, and other recreational facilities,
trash collection services, or any other service or property owned,
operated, or provided by the city. It shall also be unlawful to have
or exercise control over the disposition of city services, property,
or facilities of another to which he is not entitled unless authorized
by the city and that person. For these purposes, intent to avoid paying
is presumed if the actor absconded without paying for the services
or knowingly uses or is in possession of such property or facility
he is not authorized to use or receive.
(2001 Code, sec. 130.20)
(a)
Damaging public property prohibited.
It shall be unlawful
for any person to willfully or maliciously damage, destroy, injure,
molest or tamper with any public building, structure, fence, pole,
pipe, line, street, sign or other public property, whether real or
personal.
(b)
Entering into and ascending city waterworks facilities.
It shall be unlawful to enter into or ascend upon any of the waterworks
facilities of the city except with permission of the director of public
works or his agent.
(c)
Destroying or defacing street signs.
It shall be unlawful
to willfully destroy or deface any street sign in the city.
(2001 Code, secs. 130.10–130.12)
It shall be unlawful for any person to tack, tie, or in any
other manner fasten upon any electric light pole, telephone or telegraph
pole, or street light in the city any poster, placard, or other advertising
matter.
(2001 Code, sec. 130.40)
It shall be unlawful for any person to permit any well, cistern,
or other excavation to be or remain open or uncovered to the danger
of others, on any premises owned, controlled, or occupied by him.
(2001 Code, sec. 130.70)
It shall be unlawful for any person to camp within the city.
(2001 Code, sec. 130.71)
(a)
It
shall be unlawful to loiter or congregate in the parking lot, on the
sidewalks or walkways of any business establishment in the city. It
also shall be unlawful for any person to leave any unoccupied vehicle
in the parking lot or on the premises of the business while the driver
is absent from the business site without the consent of the business
owner or manager.
(b)
It
shall be the duty of the business owner/operator to post on the premises,
in a conspicuous location, one or more signs which are at least 24
inches wide and 20 inches high, constructed of weather-resistant materials,
and bearing the following legend:
“RED OAK CITY CODE PROHIBITS LOITERING OR CONGREGATING
OUTSIDE THIS BUSINESS ESTABLISHMENT (WHETHER OPEN OR CLOSED). NO UNOCCUPIED
VEHICLES MAY BE LEFT ON THESE PREMISES WITHOUT THE CONSENT OF THE
OWNER OR MANAGEMENT.”
(2001 Code, sec. 130.72)
(a)
Building.
Conspicuously marked.
Owner.
In
this section:
An enclosed structure to which the public or a substantial
group of the public has access.
A sign posted to be reasonably likely to come to the attention
of anyone approaching an entrance to a portion of a building.
A person who has title to a building or a leasehold interest
in the building, or someone with apparent authority to act for a person
who has title or a leasehold interest.
(b)
A
person commits an offense if he enters a portion of a building without
consent of the owner if the portion of the building entered is conspicuously
marked to give notice that:
(Ordinance 11-043, sec. 1, adopted 8/8/11)
A person commits an offense if he:
(1)
Solicits
customers or patronage for himself or on behalf of another or distributes
advertising matter, upon the premises of a hotel, private office building,
or public building in the city without first having obtained written
consent from the owner, lessee, managing agent, or person in charge
of the operation of the hotel, private office building, or public
building; or
(2)
Solicits,
seeks, or begs contributions for himself or on behalf of another upon
the premises of a hotel, private office building, or public building
in the city without first having obtained written consent from the
owner, lessee, managing agent, or person in charge of the operation
of the hotel, private office building, or public building.
(Ordinance 11-043, sec. 1, adopted 8/8/11)
(a)
A
person commits an offense if he or she loiters in a public place in
a manner and under circumstances manifesting the purpose of inducing,
enticing, soliciting or procuring another to commit an act of prostitution.
Among the circumstances which may be considered in determining whether
such purpose is manifested are that such a person is a known prostitute
or panderer and that such person repeatedly beckons to, stops or attempts
to stop, engages passersby in conversation, or repeatedly stops or
attempts to stop motor vehicle operators by hailing, waving of arms
or any other bodily gesture. No arrest shall be made for a violation
of this section unless and until the arresting officer first affords
such person an opportunity to explain such conduct, and no one shall
be convicted of violating this section if it appears at trial that
the explanation given was true and disclosed a lawful purpose.
(b)
For
the purposes of this section, a known prostitute or panderer is a
person who, within one year previous to the date of arrest for violation
of this section, has within the knowledge of the arresting officer
been convicted of prostitution, criminal attempt at prostitution,
or knows facts which, if presented to a judge, would lead the judge
to believe that the defendant is a prostitute.
(c)
The
Texas Penal Code definition of prostitution shall apply to this section.
(d)
Any
person, firm or corporation who violates, disobeys, omits, neglects
or refuses to comply with or who resists the enforcement of any of
the provisions of this section shall be fined not more than $500.00
for each offence. Each day that a violation is permitted to exist
shall constitute a separate offense.
(2001 Code, sec. 130.75)
It shall be unlawful for a person to intentionally, knowingly,
or recklessly carry on or about his person, within the city limits,
a handgun, illegal knife, or club, as defined in V.T.C.A., Penal Code,
section 46.01, unless permitted by state law, at any of the following:
(1)
A
public park;
(2)
A
public meeting of the city, county, or other government body;
(3)
A
political rally, parade, or official political meeting; or
(4)
A
nonfirearms-related school, college, or professional athletic event.
(2001 Code, sec. 130.50)
It shall be unlawful for any person to discharge any firearm
including but not limited to shotgun, rifle, pistol, air rifle, air
gun, air pistol, pellet gun, pellet pistol, on or across any alley
or other public roadway or any private lot not owned or controlled
by the person, except that this section shall not apply to any licensed
shooting gallery nor shall it apply to police officers in the performance
of their duty.
(2001 Code, sec. 130.51)
(a)
Air soft gun.
Firearm.
Paintball gun.
Public place.
Replica firearm.
In
this section:
A spring-operated, gas-operated, or battery-powered replica
firearm made of hard plastic or light metal that fires plastic or
other nonmetallic projectiles.
Any device designed, made, or adapted to expel a projectile
through a barrel by using the energy generated by an explosion or
burning substance, or any device readily convertible to that use.
A replica firearm that is powered by compressed gas (carbon
dioxide, nitrogen, or ordinary air) and fires dye-filled gelatinous
capsules.
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.
Any device or object that is a toy version or facsimile of,
or is reasonably likely to be perceived as, a pistol, revolver, shotgun,
sawed-off shotgun, rifle, machine gun, rocket launcher, or other firearm,
and includes but is not limited to a starter pistol, BB gun, pellet
gun, air soft gun, paintball gun, or air rifle.
(c)
It is defense to prosecution under subsection (b) that the person displaying or brandishing the replica firearm did so in self-defense.
(d)
A
person commits an offense if he displays or brandishes a replica firearm
in any public place within the city.
(e)
It is a defense to prosecution under subsection (d) that the replica firearm was:
(1)
A non-firing collector replica firearm modeled on a real firearm
and not intended for use as a toy;
(2)
A decorative, ornamental, or miniature object having the appearance,
shape, or configuration of a firearm and measuring not more than 38
millimeters in height and 70 millimeters in length (excluding any
gun stock length measurement), including, but not limited to, an object
intended to be displayed on a desk, worn on a bracelet or necklace,
or attached to a keychain;
(3)
Being displayed or brandished at a lawfully operated, contained location
designated for games, events, and activities that involve replica
firearms such as, but not limited to, paintball guns and air soft
guns;
(4)
Being displayed at a lawfully operated business establishment authorized
to sell merchandise, including replica firearms;
(5)
Being displayed or brandished as part of an event, performance, demonstration,
or ceremony authorized by the city or sponsored and conducted by a
subdivision of any federal, state, or local government;
(6)
Being displayed or brandished in the production of a television program,
a theatrical presentation, or a motion picture or other filming event
in the city and written permission was obtained from the city to use
the replica firearm in the production;
(7)
Being displayed or brandished in a historical reenactment, military
event, or other special event in the city requiring the use of a replica
firearm and written permission was obtained from the city to use the
replica firearm in the event;
(8)
Being displayed or brandished for the purpose of protecting persons or property as authorized under chapter 9 of the Texas Penal Code; or
(9)
Being displayed or brandished by a law enforcement officer or other
government employee or official while acting in the performance of
official duties.
(f)
(g)
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 $500.00.
(Ordinance 11-043, sec. 1, adopted 8/8/11)
(a)
A
person commits an offense if he knowingly dials a 9-1-1 emergency
telephone number when no emergency exists.
(b)
A
person is presumed to have dialed a 9-1-1 emergency telephone number
if the telephone from which the number is dialed is listed in his
name with the local telephone company.
(Ordinance 11-043, sec. 1, adopted 8/8/11)
(a)
Aerosol paint container.
Consent.
Etching or engraving device.
Felt tip marker.
Graffiti.
Graffiti implement.
Guardian.
Minor.
Owner.
Paint stick or graffiti stick.
Parent.
In
this section:
Any container that is adapted or made for the purpose of
applying aerosolized paint, or any other aerosolized substance capable
of defacing property.
Assent in fact, whether express or apparent, by a person
legally authorized to act for an owner of property.
A device that is capable of making a delineation or impression
on tangible property, regardless of the manufacturer’s intended
use for that device.
Any marker or similar implement that:
Any temporary or permanent marking, including, but not limited
to, any inscription, slogan, drawing, painting, symbol, logo, name,
character, or figure, that is made in any manner on tangible property
without the consent of the property owner.
Any aerosol paint container, paint gun, paint ball gun, paint
ball gun pellets or capsules, felt tip marker, paint stick, graffiti
stick, brush, or etching or engraving device that is capable of scarring,
marking, or otherwise defacing stone, glass, metal, concrete, wood,
or any surface of tangible property.
Any person under 17 years of age.
Any person with the legal right of possession to tangible
property.
Any device containing a solid or liquid form of paint, chalk,
wax, epoxy, or other similar substance that leaves a visible mark
upon application to a surface.
A person who is the natural parent, adoptive parent, or stepparent
of a person.
(b)
A
person commits an offense if, with the intent to make graffiti, he
possesses any graffiti implement:
(1)
In or on any part of a publicly owned or privately owned building,
facility, park, school ground, library, playground, swimming pool,
recreational facility, right-of-way, or other property when that property
or that part of the property is closed to the public; or
(2)
Within 10 feet of any underpass, overpass, bridge abutment, storm
drain, or similar type of infrastructure.
(c)
A person is presumed to possess the graffiti implement with the intent to make graffiti on such property under subsection (b)(1) or on such infrastructure under subsection (b)(2) if while on the property or within 10 feet of the infrastructure, whichever applies, he possesses on or about his person at least:
(h)
Before taking any enforcement action under subsection (b)(2) or (d)(2) of this section, a police officer shall ask the apparent offender’s reason for being within 10 feet of the underpass, overpass, bridge abutment, storm drain, or other similar type of infrastructure with a graffiti implement and whether the apparent offender has the consent of the property owner to be on the property and to possess the graffiti implement. The officer shall not issue a citation or make an arrest under subsection (b)(2) or (d)(2) of this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense described in subsection (f) is present.
(i)
An
offense under this section is punishable by a fine of not less than
$200.00 or more than $500.00.
(Ordinance 11-043, sec. 1, adopted 8/8/11)
(a)
Aggressive manner, aggressive behavior or aggressively.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Automated teller machine.
Bank.
Check cashing business.
Parking meter or parking pay station.
Private building.
Public place.
Public area.
Solicit, ask, beg or panhandle.
Definitions.
In this section, the following definitions
apply:
As related to soliciting, begging and panhandling means:
Using violent or threatening gestures toward a person solicited;
Continuing to solicit from a person after the person has given
a negative response to such soliciting;
Intentionally touching or causing physical contact with another
person without that person’s consent in the course of soliciting;
Intentionally blocking or interfering with the safe or free
passage of a pedestrian or vehicle by any means, including causing
a pedestrian or vehicle operator to take evasive action to avoid physical
contact;
Soliciting money from anyone who is waiting in line for tickets,
for entry to a building or for any other purpose;
Approaching or following a person for solicitation individually
or as part of a group of two (2) or more persons, in a manner and
with conduct, words, or gestures intended or likely to cause a reasonable
person to fear imminent bodily harm or damage to or loss of property
or otherwise to be harassed or intimidated into giving money or other
thing of value; or
Soliciting, begging or panhandling of minors less than 16 years
of age.
A device, linked to a bank or financial institution’s
account records, which is able to carry out transactions, including,
but not limited to: account transfers, deposits, cash withdrawals,
balance inquiries, and mortgage and loan payments which are made available
to banking customers.
Includes a bank, savings bank, savings and loan association,
credit union, trust company, or similar financial institution.
An entity in the business of cashing checks, drafts, or money
orders for consideration.
A location on a street, parking lot or parking garage where
persons pay, for parking by either cash or credit, to a person or
at a machine or other device designed to accept payment for parking.
Shall be deemed to include, but is not limited to, retail
or service establishments, such as restaurants, convenience food stores,
laundromats, service stations, hotels, offices, and similar privately
owned establishments open to the public. This term does not include
any building owned, leased or operated by the federal or state government,
political subdivisions thereof, municipalities, special districts,
any public administration board or authority of the state.
A place to which a governmental entity has title to which
the public has access, including, but not limited to: any street,
highway, sidewalk, walkway, parking lot, plaza, transportation facility,
school, place of amusement, park, or playground.
An area to which the public has access and includes, but
is not limited to, the common area of a hospital, apartment house,
office building, transport facility, shop, basement, building entrance
or doorway, lobby, hallway, stairway, mezzanine, elevator, foyer,
public restroom or sitting room or any other place used in common
by the public, tenants, occupants or guests situated in any private
building.
To request, by the spoken, written, or printed word, or by
other means of communication an immediate donation or transfer of
money or another thing of value from another person, regardless of
the solicitor’s purpose or intended use of the money or other
thing of value, and regardless of whether consideration is offered.
(b)
A
person commits an offense if the person solicits:
(1)
In an aggressive manner in a public area or public place; or
(2)
Within twenty (20) feet of the following areas where the public is
considered vulnerable or where solicitation would interfere with the
flow of pedestrian or motor vehicle traffic:
(A)
An automated teller machine;
(B)
The entrance or exit of a bank;
(C)
The entrance or exit of a check cashing business;
(D)
An authorized charitable contribution activity;
(E)
A parking meter or parking pay station on a street;
(F)
A public parking garage or parking lot pay station;
(G)
The entrance or exit of a restaurant or the service area of an outdoor
eating establishment;
(H)
In a bus, at a bus station or stop, or at a facility operated by
a transportation authority for passengers including but not limited
to any school bus stop;
(I)
A marked crosswalk; or
(J)
An entrance of a commercial or government building.
(3)
Within five (5) feet of a curb or edge of a street;
(4)
Within fifty (50) feet from any land owned by a public or private
school and used in whole or in part for providing education services
to elementary age children;
(5)
Within 10 feet of a gas station, liquor store, or convenience store
property;
(6)
In a public restroom; or
(7)
At a public event that is operating by permit issued by the city
at city parks as defined in the city code.
(c)
Private property.
(1)
No person may solicit, ask, beg or panhandle on private property
or residential property without permission from the owner or occupant.
(2)
It shall be unlawful for any person to:
(A)
Solicit, ask, beg or panhandle, as those terms are defined in this chapter, in any public room in any private building, without the written permission or consent of the building’s owner or managing and authorizing agent. For the purpose of enforcement of this subsection, it is presumed that if the owner, lessee, managing agent or other person in charge of a building prominently displays a sign as provided in subsection (C) below, then the activities declared unlawful in this section are deemed to be without the permission or consent of the building’s owner, lessee, managing agent or other person.
(B)
Solicit, ask, beg or panhandle, as those terms are defined in this chapter, on any private property where the owner, lessee, managing agent or other person in charge of such property displays a sign as provided in subsection (C) below.
(C)
Conspicuous notice.
To invoke the protections afforded under this section, each owner, lessee, managing agent or person in charge of the operation of a private building or private property shall prominently display a sign on the premises, such as the lobby or entrance of the private building or private property, where it may be read by any person going in or out of the building or private developed property stating generally: “No panhandling permitted section 8.02.015, Red Oak Code of Ordinances” “no solicitors” or “no solicitation.”
(e)
The
solicitation of contributions while standing on a traffic median,
shoulder, improved shoulder, sidewalk, or the improved portion of
the roadway from occupants of any vehicle on a roadway, street or
thoroughfare shall only be permitted in compliance with the terms
and conditions set out in this section, of this code, provided they
are not in an aggressive manner as defined in this section.
(Ordinance 17-003 adopted 2/13/17)
