ARTICLE I. - IN GENERAL

City police officers, fire department and emergency medical personnel are authorized to take such prudent action as may be required to relieve the threat of danger to a child regardless of possible damage to the vehicle in question. The policy shall be that the law enforcement officer shall make personal contact with any person receiving a citation hereunder.

(c)

For the purposes of this section, the term "child" shall mean any person whose apparent age is ten (10) years or less or who, because of physical or mental disability, is unable to avoid the hazards of being unattended.

(d)

For the purposes of this section, the term "unattended" shall mean in the absence of a person of at least sixteen (16) years of age in the vehicle or immediately adjacent thereto.

(Ord. No. 58799, § 1, 5-24-84)

Sec. 21-2. - Abandoned iceboxes, etc.

It shall be unlawful for any person in the city to place, or allow to be placed, outside of any building or dwelling in a location accessible to children any abandoned, unattended or discarded icebox, refrigerator, freezer or any other container of any type that has an airtight snap lock or other locking device, or a magnetic seal-type door without first removing the lock or doors from such icebox, refrigerator, freezer, or container.

(Ord. No. 19522, § 1, 9-3-53; Code 1959, § 26-1; Ord. No. 53872, 6-4-81)

Sec. 21-3. - Advertising on public or private property.

(a)

It shall be unlawful for any person to paint, print, stamp or indent letters, words or figures, on any fence, tree, post, building, wall, sidewalk or bridge in this city, or to post bills on any fence, building, walk, sidewalk or bridge, in this city, without having first obtained the consent of the parties owning or controlling the same.

(b)

It shall be unlawful for any person to distribute or cause to be distributed, deposited, placed, thrown, scattered or cast any handbill upon any private property if requested by anyone thereon not to do so, or if there is placed on such premises in a conspicuous place upon or near the main entrance to the premises, a weatherproof card, not less than three (3) inches by four (4) inches in size bearing the words "no solicitation," "no advertisements," "no handbills," or any similar notice indicating in any manner that the occupants of such premises do not desire to have any such handbills left upon their premises. The letters on such cards shall be not less than two-thirds (2/3) of an inch in height.

(c)

This section does not apply to any department, branch or agency of federal, state, or municipal government and any religious, political or charitable handbills.

(Code 1950, § 41-1; Code 1959, § 26-3; Ord. No. 2010-12-16-1089, § 1, 12-16-10)

Sec. 21-4. - Distributing or scattering handbills in streets.

It shall be unlawful for any person to throw, cast or distribute or cause or permit to be thrown, cast or distributed any handbill, circular, card, booklet, placard or other advertising matter whatsoever in or upon any street or public grounds or other places within the city; provided that nothing in this section contained shall be deemed to prohibit or otherwise regulate the delivery of any such matter by the United States postal service, or prohibit the distribution of copies of newspapers regularly sold by the copy or subscription. This section is not intended to prevent the lawful distribution of anything other than commercial and business advertising matter. Violation of this section shall be punished in accordance with section 1-5.

(Code 1959, § 26-4)

Sec. 21-5. - Throwing handbills in parked vehicles.

It shall be unlawful for any person to throw, place or deposit, or cause to be thrown, placed or deposited, any circular, dodger, handbill or other advertising or printed matter of any character whatsoever, in or on any vehicle parked or standing upon or along any street or other public place within the city, without the express consent and permission of the owner or person in charge of the vehicle.

(Code 1950, § 41-3; Code 1959, § 26-5)

Sec. 21-6. - Injuries to property; graffiti.

(a)

It shall be unlawful for any person to break or cause to be broken, intentionally, any glass, window, sash, blind, door, gate or fence, or in any manner to mar, deface or injure any house, building or other property on premises within the city, not his own.

(b)

It shall be unlawful for any person willfully and maliciously to:

(1)

Cut, mar, injure, or remove any tree, shrub, or plant;

(2)

Injure, remove, destroy, deface or interfere with any fence, wall, gate or turnstile bounding or enclosing any park, square, schoolhouse or other public building; or

(3)

Remove, injure, mar or deface any street sign, traffic signal controller box, signal pole, street or sidewalk attached emblem, marker, raised button divider, street and sidewalk painted logo, or painted sign, lane divider other traffic aid marker, or any public or private building or other property to include public utilities.

(Code 1950, § 41-12; Code 1959, § 26-16; Ord. No. 62604, § 1, 3-27-86; Ord. No. 79326, § 1, 12-16-93; Ord. No. 92830, § 2, 11-2-00; Ord. No. 93735, § 2, 4-5-01; Ord. No. 100553, § 2, 3-10-05; Ord. No. 2007-05-03-0480, § 1, 5-3-07)

Sec. 21-7. - Pecans, gathering.

It shall be unlawful for any person to climb pecan trees in any public park or street within the city or to throw sticks, stones or other missiles for the purpose of gathering pecans.

(Code 1950, § 41-11; Code 1959, § 26-21)

Sec. 21-8. - Peeping toms.

It shall be unlawful for any person to enter or intrude in or upon any real property of another within the city and invade the privacy of, or disturb, the occupants or residents of such property by looking into or peeping into any dwelling or structure situated thereon.

(Ord. No. 17285, § 1, 2-28-52; Ord. No. 18445, § 1, 10-23-52; Code 1959, § 26-22)

Sec. 21-9. - Soil, removal of.

It shall be unlawful for any person to cut sod or sward off, or remove earth or ground from any lot, street or common in the city, without first obtaining the consent of the parties owning or controlling the same.

(Code 1950, § 41-21; Code 1959, § 26-23)

Sec. 21-10. - Spitting in public places.

The spitting upon sidewalks, crosswalks, the floors of churches, public halls, theaters, motor buses or other similar public places is hereby declared a nuisance and unlawful; provided, spitting in and upon the streets is not hereby included in the words "other public places."

(Code 1950, § 41-22; Code 1959, § 26-24)

Sec. 21-11. - Tower of the Americas; throwing object from observation decks prohibited.

It shall be unlawful for any person to hurl or throw or cause to be hurled or thrown any object of any type or nature from the observation decks of the structure known as the "Tower of the Americas."

(Code 1959, § 26-24.1)

Sec. 21-12. - Uniforms, unlawful use.

(a)

It shall be unlawful for any person, not a member thereof, to wear any uniform identical with the uniform worn by any uniformed members of the police department or the fire department of the city, or to wear any uniform or part thereof similar to the uniform worn by any member of either of such departments in a manner calculated to deceive or mislead the public as to his identity.

(b)

The term "Uniform," as used in this section, shall include the cap, badge, blouse, trousers, leggings, additional official insignia and any other habiliments worn by any uniformed member of either of such departments.

(Code 1950, § 41-25; Code 1959, § 26-25)

Sec. 21-13. - Missiles.

It shall be unlawful for any person within the city to throw stones or other missiles, or to shoot with a bow and arrow, or to shoot or discharge any stone or other missile with or from a sling or from an elastic spring.

(Code 1950, § 41-15; Code 1959, § 26-20)

Sec. 21-14. - Air gun, paint ball gun or spring gun; furnishing to minor.

(a)

It shall be unlawful for any person within the city to sell, or give to, or place in the possession of, any person under the age of sixteen (16) years, any gun which discharges a bullet or missile by means of compressed air, or any gun discharging a bullet or missile by means of a spring.

(b)

It shall be unlawful for any person to possess, discharge or bring into a public park any gun, which discharges a bullet, missile or paintball by means of compressed air, gas propellant, or any gun discharging a bullet, missile or paintball by means of a spring. It shall be an affirmative defense to any charge that written permission was provided by the director of parks and recreation for a special event.

(Ord. No. 2008-04-17-0317, § 3, 4-17-08)

Editor's note—

Ord. No. 2008-04-17-0317, § 3, adopted April 17, 2008, amended section 21-14 in its entirety to read as herein set out. Formerly, section 21-14 pertained to air gun or spring gun; furnishing to minors, and derived from the Code of 1950, § 41-19, and the Code of 1959, § 26-26.

Cross reference— Regulation of firearms and weapons, § 21-151 et seq.

Sec. 21-15. - Toy gun, explosive, etc.; furnishing to minors.

It shall be unlawful for any person within the city to sell to, give to, or place in the possession of, any person under the age of sixteen (16) years any leaded cartridge, or any explosive of any kind, or to sell to, give to or place in the possession of any person under the age of sixteen (16) years, any gun or toy gun, capable of exploding or discharging any explosive cap or cartridge, or any toy cannon, capable of exploding or discharging any explosive cap or cartridge, or any other firearm of any description, capable of exploding or discharging any explosive cap or cartridge of any description.

(Code 1950, 41-20; Code 1959, § 26-27)

Cross reference— Regulation of firearms and weapons, § 21-151 et seq.

Sec. 21-16. - Carrying loaded rifle or shotgun.

It shall be unlawful for any person, other than duly authorized peace officers, to carry a loaded rifle or shotgun on any public street within the city or in a motor vehicle while the same is being operated on any public street within the city.

(Code 1959, § 26-28)

Cross reference— Regulation of firearms and weapons, § 21-151 et seq.

Sec. 21-17. - Certain knives prohibited generally; exceptions; penalty for violation.

(a)

It shall be unlawful for any person to intentionally or knowingly carry on or about his person a knife with a blade less than five and one-half (5½) inches in length, which knife is equipped with a lock mechanism so that upon opening, it becomes a fixed blade knife.

(b)

The above prohibition set forth in subsection (a) shall not be applicable to a person carrying such a knife:

(1)

In the actual discharge of his duties as a peace officer, a member of the armed forces or national guard, or a guard employed by a penal institution;

(2)

On his own premises or premises under his control;

(3)

Traveling;

(4)

Engaged in lawful hunting, fishing or other lawful sporting activity; or

(5)

Using such a knife in connection with a lawful occupation, during such utilization.

(Code 1959, § 26-28.1)

Cross reference— Regulation of firearms and weapons, § 21-151 et seq.; possession of a knife, § 21-155.

Sec. 21-18. - Tampering with CATV system prohibited.

(a)

It shall be unlawful for any person to make any unauthorized connection whether physical, electrical, acoustical, inductive or otherwise, with any part of a city-franchised cable television system for the purpose of enabling himself or others to receive any television signals, radio signals, pictures, programs, sounds or any other information transmitted over the cable television system, without payment to the franchisee or its lessees.

(b)

It shall be unlawful for any person, without the consent of a franchised cable television company, to willfully tamper with, remove or injure any cable, wires, or other equipment used for the distribution of television signals, radio signals, pictures, programs, sounds or any other information transmitted over the cable system.

(Ord. No. 50508, §§ 1, 2, 3-8-79; Code 1959, § 26-30)

Cross reference— Regulations governing basic service rates for cable television systems, § 16-4.

Sec. 21-19. - Washing windshields of motor vehicles upon public streets prohibited; exception.

(a)

It shall be unlawful for any person to knowingly wash or attempt to wash the windshield of any motor vehicle in and upon a public street, with or without the permission of the motor vehicle owner. This section shall not extend to washing of windshields by the owner of a motor vehicle or the owner's agent, when the vehicle is legally parked on a city street.

(b)

For the purposes of this section the term "public street" shall mean the paved portion of right-of-way intended for vehicular traffic.

(Code 1959, § 26-32; Ord. No. 52865, § 1, 10-2-80)

Sec. 21-20. - Parachuting from Tower of the Americas.

(a)

It shall be unlawful for any person to parachute, or attempt to parachute from the observation levels or any other level of the structure known as the "Tower of the Americas."

(b)

It shall be unlawful for any person to carry parachute equipment to the observation levels or any other level of the structure known as the "Tower of the Americas."

(c)

Any person violating this section shall be guilty of a misdemeanor, and upon conviction shall be fined an amount not to exceed two hundred dollars ($200.00).

(Ord. No. 61868, §§ 1—3, 11-25-85)

Editor's note—

Ord. No. 61868, §§ 1—3, adopted Nov. 25, 1985, did not specifically amend the Code; hence, inclusion herein as § 21-20 was at the discretion of the editor.

Sec. 21-21. - Hazardous items prohibited at Fiesta events.

During Fiesta San Antonio, the annual Fiesta event sponsored by the San Antonio Fiesta Commission, it shall be unlawful for any person to sell or use a pressurized container of the substance commonly known as "liquid string," "silly string," or "super string" or any quantity of the small explosive devices commonly known as "snappers," "throwdowns," and "pop pops," which are paper-wrapped wads of sand coated with a minute quantity of explosive powder and adhesive, producing a small report upon impact with hard surfaces, in any public place or private property where the general public is invited for Fiesta related events.

(Ord. No. 64758, § 1, 3-19-87)

Sec. 21-22. - Adult arcades.

(a)

Definitions. As used in this section, the following words shall have the meanings herein ascribed, unless the context of their use clearly indicates another meaning:

Adult arcade shall mean any "premises" to which members of the public or members of any club, group or association are admitted and permitted to use one or more arcade devices.

Adult arcade permit shall mean the original license issued to a duly authorized agent of an owner or operator of an adult arcade as lawful authority to operate an adult arcade.

Arcade device shall mean any coin, currency or slug operated or electronically or mechanically controlled machine or device that dispenses or effectuates the dispensing of "entertainment" featuring specified sexual activities or specified anatomical areas in exchange for payment of any consideration in a viewing room or space of less than one hundred fifty (150) square feet of floor space.

Duly authorized agent shall mean an individual who has actual authority to file an application with the chief of police for an adult arcade permit on behalf of any association, corporation, individual, owner, operator, or person and who meets the requirements set forth in subsection (j) below.

Employee shall mean any person employed by an employer in consideration for monetary compensation or profit.

Entertainment shall mean: any live exhibition, display or performance; any still picture(s) or movie picture(s), whether mechanically, electrically or electronically displayed; or any combination of the foregoing, in which specified sexual activities are depicted.

Hearing officer. shall mean the judge of the city municipal court assigned to preside over environmental and code enforcement matters. If that judge is unable to fulfill this task for any reason, or if no judge is so assigned, then the presiding municipal court judge shall designate a judge to act as the hearing officer. The "hearing officer" shall exercise those powers authorized under the Texas Local Government Code, the Charter of the City of San Antonio, and this Code, as appropriate in the furtherance of his or her duties.

Individual shall mean only a natural person.

Manager shall mean any individual holding a position in a adult arcade with the responsibility for direct supervision of the operation of the adult arcade and for monitoring and observing the areas of the adult arcade to which customers or patrons are admitted at times during which the adult arcade is open for business; or, at times during which customers or patrons are on the premises of the adult arcade.

Manager's permit shall mean a license issued to an individual as lawful authority to act as a manager of an adult arcade.

Operator shall mean the "individual" who is principally in charge of the management of the "adult arcade."

Owner shall include, but not be limited to, any equitable owner, any person having a possessory right to the land or building or the person occupying it, any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety.

Premises shall mean a building; provided that if a building has been physically divided into separate units that each has its own individual means of ingress or egress to the exterior of the building and which are offered by lease or otherwise for separate use and control, then "premises" shall refer to each such separate unit.

Specified sexual activities or specified anatomical areas shall mean human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; fondling or other erotic touching of human genitals, pubic regions, buttock or female breast, or any combination thereof.

(b)

Permits required.

(1)

It shall be unlawful for an individual, person, corporation, operator, owner, or association to operate an adult arcade within the city, unless the chief of police has issued an adult arcade permit to the adult arcade's duly authorized agent.

(2)

It shall be unlawful for an individual to act as a manager of an adult arcade, unless the chief of police has issued a manager's permit to said individual.

(3)

The adult arcade permit will be issued to the duly authorized agent, but will be issued in the name of the adult arcade and will be specific for that location only.

(c)

Process for requesting a permit.

(1)

The chief of police shall create a form for each type of permit consistent with the provisions of this article.

(2)

An applicant may obtain a form during any business day at the city police headquarters. The chief of police shall accept applications for filing Monday through Friday, excluding holidays, between the hours of 9:00 a.m. and 3:00 p.m. at the city police headquarters. Applications shall not be accepted at any other time or on any other day.

(3)

At the time that the chief of police receives an application, the applicant shall submit and the chief of police shall take the photograph of the applicant at the city police headquarters.

(4)

All photographs shall be used to perform a background investigation and for the purpose of photographic identification of permit holders, and shall be kept on record with the chief of police while the applicant possesses a valid permit, and for a period of not less than five (5) years after the expiration, revocation, or denial of the permit.

(5)

All photographs of applicants shall be destroyed at the expiration of five years after the expiration, revocation, or denial of the permit, but all applicants submitting new applications shall be required to comply with photograph and fingerprint requirements in this section.

(6)

All applicants shall submit to a criminal background check for the purpose of verifying the information requested in subsections (i) and (j).

(d)

Use of a permit.

(1)

A permit issued under the provisions of this article is not a property interest but shall be a purely personal privilege that is subject to revocation or suspension if the respondent is found to have violated a provision of this article.

(2)

By authority of this article, by accepting a permit, the holder of the permit consents that the chief of police or a peace officer may detain the individual on the premises of an adult arcade for the purpose of verifying identity and permit.

(3)

Any owner or operator that enjoys the benefit of an adult arcade permit or has accepted a permit through a duly authorized agent consents, by authority of this article, that the chief of police or peace officer may enter the premises of the adult arcade at any time an owner, operator, manager, floor-manager, employee, customer or patron is on the premises to conduct an investigation or inspect the premises for the purpose of performing any duty imposed by this article.

(4)

All peace officers shall have the duty to enforce the provisions of this article and cooperate with the chief of police in the enforcement hereof.

(5)

It shall be unlawful for an individual to use the permit of another. It shall be unlawful for an individual holding a permit to transfer that permit for use by another individual. Permits are valid for one adult arcade only and may not be transferred, to any other establishment or location.

(e)

Amendment.

(1)

An applicant or permit holder shall file an application amendment with the chief of police any time a prior statement contained on an application is known to the applicant to be materially incomplete or inaccurate because of changed circumstances.

(2)

(3)

The time in which to file an application amendment is:

Thirty (30) calendar days from the date of changed circumstances; or,

Thirty (30) calendar days from the date that applicant knows that a prior statement was incomplete or inaccurate.

(4)

It shall be unlawful for an applicant or permit holder to fail to comply with this section.

(f)

Non-refundable fees. All fees required in this article are non-refundable. Payment of the fees shall be by cashier's check or money order and made payable to the city.

(g)

Authority to file suit. The city attorney is authorized, at his discretion, in addition to or in lieu of any other remedies set forth in this article, or under any other applicable state statute, to commence an action to enjoin the violation of this article or to enjoin any person, corporation, or association from establishing, operating, or maintaining a public place or adult arcade contrary to the provisions herein, or in any other statute or doctrine.

(h)

Types of permits, calculation of deadlines, time and delivery.

(1)

The chief of police shall issue the permits to an applicant who qualifies under the provisions of this article by 2:00 p.m. on the 30th business day after receipt of an application;

(2)

The chief of police shall issue a notice of rejection to an applicant who fails to qualify under the provisions of this article by 2:00 p.m. on the 30th business day after receipt of an application;

(3)

Unless the applicant requests in writing and at the time of filing an application that the permit or notice of rejection be kept at the city police headquarters for personal retrieval, the chief of police shall send the permit or notice of rejection to the applicant's address, as listed in the application, via United States Postal Service, certified mail, return receipt requested, deposited with United States Postal Service and postmarked on or before 2:15 p.m. on the final day allowed in subsection (h)(2).

(4)

If personal retrieval was properly requested for a permit or notice of rejection, the chief of police shall have the permit or notice of Rejection available for pick up from the time of its issuance until 4:00 p.m. on the on the final day allowed in subsection (h)(2). If the applicant fails to retrieve either the permit or notice of rejection by 4:00 p.m., the chief of police shall then send the permit or the notice of rejection to the applicant's address, as listed in the application. The means of sending the permit or notice of rejection shall be via the United States Postal Service, certified mail, return receipt requested. The mail shall be deposited with the United States Postal Service not later than 4:30 p.m. on the final day allowed in subsection (h)(2).

(5)

When determining a date upon which a deadline exists in this article, calculate the specified number of days as follows:

The day the act or event was performed or scheduled to occur after which the designated period of time begins to run is not to be included. The designated period of time begins on the next day.

The last day of the period so computed is to be included, unless it is a Saturday, Sunday or legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday or legal holiday.

(6)

Unless otherwise stated in this article, where delivery of any notice to applicant is required, delivery shall be by personal delivery at the applicant's address, as listed in the application, or by sending it to the applicant's address, as listed in the application, via the United State Postal Service, certified mail, return receipt requested.

(7)

Unless otherwise stated in this article, delivery by the United States Postal Service shall be presumed to be on the third business day after depositing the mail with the United States Postal Service, unless the applicant has proof to the contrary.

(8)

In this article, the last known address of an applicant, contained in an application or an amendment, is presumed as the correct address. Whenever delivery to an address is authorized or mandated under the provisions of this article, delivery to the presumed correct address is sufficient to comply under this article.

(9)

Personal delivery or delivery by mail as prescribed in this article, shall be prima facie evidence that the chief of police has fulfilled his duty to deliver a permit, notice of rejection, notice of intention to revoke/suspend permit, notice of revocation/suspension, or denial of revocation/suspension.

(10)

The chief of police shall issue the requested permit if the chief of police fails to deliver notice of rejection and does not have prima facie proof of the delivery or deposit, and if the applicant files a written request for issuance of the permit not later than 2:00 p.m. on the tenth business day following the deadline to issue a permit or notice. If the applicant fails to timely file a request for the permit upon the failure of the chief of police to issue the notice, then the applicant shall waive any appeal or cause of action that he may have herein.

(11)

The deadlines imposed by this article may be extended by the mutual agreement of the chief of police and the pertinent individual, except as follows:

The chief of police shall not agree to shorten any deadline;

The chief of police shall not agree to extend any deadline wherein there is an express provision in this article that a failure to comply with the deadline shall result in an applicant's waiver of appeal or cause of action; or,

As otherwise prohibited within this article.

(i)

Qualifications and specifications—Manager's permit.

(1)

Unless an individual is disqualified under one or more of the provisions of this article, an individual who performs the following acts shall be qualified for a manager's permit:

Pay a one hundred dollar ($100.00) non-refundable processing fee to the city;

Answer under oath accurately and completely the requests for information contained on the form for the permit;

Provide proof of identity by presenting to the chief of police a valid and lawful photographic identification card that was issued to the individual by a governmental authority of the United States of America or any state, possession, commonwealth, or territory thereof; and

Appear at the place designated by the chief of police and submit to being photographed and fingerprinted by the chief of police. Fingerprints taken pursuant to this section shall be used for purposes of the background check.

(2)

If on the basis of substantial evidence, the chief of police concludes that one of the following conditions exists then an individual shall be disqualified from receiving the manager's permit:

The individual is a sex offender as defined in § 46.001 of the Texas Business and Commerce Code;

the individual is convicted of a felony, not included in subsection a., in any jurisdiction during the preceding ten (10) years;

The individual has been convicted of or been placed on deferred adjudication for a specified criminal act, not included in subsection a., in any jurisdiction, during the preceding ten (10) years;

The individual has submitted false information on a form for the permit or the individual has responded falsely to inquiries in a background investigation;

At the time of application, the individual is disqualified from receiving or holding a permit pursuant to subsections (m) or (n) of this article; or

At the time of application, the individual has a suspended permit or has had a permit revoked within the past calendar year, pursuant to subsection (m).

(3)

An individual who applies for a manager's permit shall provide the following information:

The information contained in a valid and lawful photographic identification card that was issued to the individual by a governmental authority of the United States of America or any state, possession, commonwealth, or territory thereof;

The name and address of the adult arcade for which the individual requests the permit;

Whether the individual has been convicted of or placed on deferred adjudication for an offense for which the individual is subject to registration under Chapter 62, Texas Code of Criminal Procedure, along with a list of each of the aforementioned offenses;

a list of each misdemeanor, excluding traffic offenses, or felony, not included in subsection (i)(3)c., for which the individual has been convicted or received deferred adjudication during the past ten (10) years;

A list of each misdemeanor, excluding traffic offenses, or felony, not included in subsection (i)(3)c., for which the individual is under community supervision at the time of application;

The name and address of each court and jurisdiction listed in response to subsection (i)(3)c.;

The name and address of each court and jurisdiction for those offenses that the individual is under community supervision at the time of application in response to subsection (i)(3)d.; and

A signed waiver and authorization allowing the chief of police to request criminal history reports from pertinent federal, state, and local law enforcement for the individual submitting an application.

(4)

A manager's permit shall consist of one photographic identification card that contains the following information: a photograph of the manager; the name and address of the adult arcade at which the manager's permit is valid; the full name of the manager; the date of issuance; the effective date; and, the date of expiration.

(j)

Same—Adult arcade permit.

(1)

It shall be unlawful to apply for an adult arcade permit, unless the individual who applies is a duly authorized agent and files an accurate and complete sworn affidavit at the time of filing the application in which the individual declares:

The individual's identity;

The identity of the association, corporation, individual, owner, operator, or person on whose behalf the individual seeks an adult arcade permit;

The identity of the adult arcade;

The identity of each association, corporation, individual, owner, operator or person with an ownership interest in the adult arcade;

The basis for the actual authority as being one of the following:

The individual is the sole owner or operator;

The individual is the president, chief executive officer, or equivalent of a corporation that is an owner or operator and the individual also owns a majority of the issued voting stock for the corporation;

Reserved.

The individual is the president, chief executive officer, or equivalent of a corporation that is an owner or operator and the individual attaches a corporate resolution from the corporation's board of directors or from a majority of the corporation's voting stockholders wherein is authorized the application for the permit;

The individual is a general partner of a partnership that is an owner or operator; or,

The individual is a manager (as defined by the Texas Limited Liability company Act) of a Texas Limited Liability Company that is an owner or operator;

State that all information is on the basis of personal knowledge; and

State that all information is true and correct and acknowledge that a false statement is subject to criminal penalty, including but not limited to charges of perjury.

(2)

Unless a duly authorized agent is disqualified under one or more provisions of this article, an agent who performs the following acts shall be qualified to receive on behalf of an owner or operator an adult arcade permit:

The duly authorized agent pays a three hundred and seventy five dollars ($375.00) nonrefundable processing fee to the city;

The duly authorized agent submits a diagram;

Allows an inspection of the premises as directed in subsection (l); and

The duly authorized agent performs those acts detailed at subsection (i), if the duly authorized agent is also applying for a manager's permit.

(3)

If on the basis of substantial evidence, the chief of police concludes that one or more of the following conditions exists then a duly authorized agent shall be disqualified from receiving an adult arcade permit for the adult arcade for which the permit is sought:

If any owner or operator of the Adult Arcade is a sex offender as defined by Section 46.001 of the Texas Business and Commerce Code;

If any owner or operator of the adult arcade is convicted of a felony in any jurisdiction in the past ten (10) years;

If any owner or operator of the adult arcade has been convicted of or received deferred adjudication for a specified criminal act in any jurisdiction in the past ten (10) years;

If the duly authorized agent, owner, or operator of the adult arcade has refused to allow an inspection of the premises of the adult arcade by at least three (3) business days prior to a deadline to issue a permit or notice of rejection;

If the duly authorized agent, owner, or operator of the adult arcade has failed to submit to the department of development services a diagram by at least ten (10) business days prior to the deadline to issue a permit or notice of rejection;

If the duly authorized agent or any individual, owner, or operator of the adult arcade has submitted false or incomplete information on an application form for the permit or has falsely responded to inquiries in a background investigation;

If the duly authorized agent or any owner or operator of the adult arcade has previously had an adult arcade permits revoked pursuant to subsection (m);

If the duly authorized agent or any owner or operator of the adult arcade has an adult arcade permit that is currently suspended pursuant to subsection (m);

If the adult arcade fails to conform to the configuration requirements set forth in subsection (p); or

If the duly authorized agent or any owner or operator of the adult arcade has had an adult arcade permit revoked within the preceding year or is otherwise disqualified from receiving or holding a permit pursuant to subsections (m) or (n).

(k)

Ratification and term of permits.

(1)

The city council accepts, ratifies, and endorses the following acts of the chief of police:

All acts performed by the chief of police between the date of this article's passage and the effective date of this article so long as the acts are consistent with the duties, powers, and provisions of this article;

All permits issued by the chief of police between the date of this article's passage and the effective date of this article so long as the permits contain the following: the actual date of issuance, an effective date of permit that coincides with the effective date of this article; and, an expiration date of permit that is one calendar year from the effective date of permit.

(2)

Each adult arcade permit and manager's permit issued shall be valid for a period of one calendar year from the date of issuance, unless otherwise stated in this article, at which time it shall expire, unless the permit is sooner revoked or surrendered.

(3)

Each adult arcade permit and manager's permit shall be subject to renewal as of its expiration date by filing a renewal application.

(4)

Each renewal application must be filed at least forty-five (45) calendar days prior to the date of expiration.

(5)

Except as expressly indicated herein, all of the deadlines, fees, and procedures applicable to any application and permit shall also be applicable to each renewal application and renewal permit.

(6)

The chief of police shall not require another photograph for a renewal application unless he cannot verify the identity of the applicant who filed a renewal application; or, unless the applicant filing a renewal application is different from the individual who filed the original application.

(l)

Inspections and background checks; deadlines.

(1)

The chief of police shall conduct all necessary background investigations prior to the expiration of thirty (30) calendar days from the receipt of an application for an adult arcade permit or manager's permit for the purpose of determining whether each applicant is in compliance with the provisions of this article, and based upon those findings, the chief of police shall either issue or reject the permit in accordance with the deadlines found in subsection (h).

(2)

The chief of police, the director of the department of development services, or their designated representatives, and any other pertinent city department or the department's designated representatives, shall complete all inspections required for an application prior to the expiration of thirty (30) calendar days from receipt of the application for an adult arcade permit or manager's permit, and based upon those findings, the chief of police shall either issue or reject the permit in accordance with the deadlines found in subsection (h).

(3)

If an application is rejected based on an inspection of the premises only, the chief of police shall provide to the duly authorized agent a notice of rejection within ten (10) business days following the deadline to issue a permit or notice.

(4)

An applicant may request a re-inspection only if the duly authorized agent:

Submits the request, by certified mail, return receipt requested, within ten (10) business days subsequent to the receipt of the decision of the chief of police; and

Pays to the city a nonrefundable inspection fee of one hundred and fifty dollars ($150.00) with the submission of the request.

(5)

The chief of police, the director of the department of development services, or their designated representatives, and any other pertinent city department or the department's designated representatives, shall complete a re-inspection and either issue or reject a permit based upon a request for re-inspection not more than fifteen (15) business days from the date of receipt of the request for re-inspection. If upon re-inspection the chief of police concludes the noted problems have not been remedied, the chief of police shall issue a notice of rejection and notify applicant in accordance with subsection (h).

(6)

Notwithstanding the provisions of this section, an applicant whose application is rejected under the provisions of this article may petition to any lawfully established court having jurisdiction on the subject matter without first applying for a re-inspection.

(m)

Procedure for administrative hearings; revocation or suspension of permits.

(1)

Standing.

Regarding a manager's permit, only the permit holder/applicant and the chief of police shall have standing in an administrative revocation/suspension proceeding or in any appeal of a denial, revocation or suspension.

Regarding an adult arcade permit, the owner and/or operator of the establishment and the chief of police have standing in an administrative revocation/suspension proceeding or any appeal of a denial, revocation or suspension.

(2)

Conditions resulting in revocation/suspension of adult arcade permit.

An adult arcade permit shall be subject to revocation if, after the issuance of the initial permit:

Any permit holder of the adult arcade permit is convicted of a felony or specified criminal act;

Any material information on the permit application which would likely have resulted in a denial of the permit is found to have been false when submitted; or

An individual or entity not listed on the permit application becomes a duly authorized agent, owner or operator of the adult arcade and such agent, owner or operator would have caused a disqualification if listed on the original permit application.

An adult arcade permit shall be subject to revocation/suspension if, after the issuance of the initial permit, one or more employees of the adult arcade have a cumulative total among them of three (3) or more convictions for felonies or specified criminal acts where the acts that lead to the convictions occurred on the licensed premises within a consecutive twelve (12) month period.

An adult arcade permit shall be subject to revocation/suspension if, after the issuance of the initial permit, any employees of that establishment have a cumulative total among them of three (3) or more convictions or deferred adjudications for any violations of this article wherein the violations that lead thereto have all occurred on the licensed premises on at least three (3) separate calendar dates within a consecutive six (6) month period:

(3)

Conditions resulting in revocation/suspension of manager's permit.

A manager's permit shall be subject to revocation if, after the issuance of the initial permit, the permit holder is convicted of a felony or specified criminal act.

A manager's permit shall be subject to revocation/suspension if, after the issuance of the initial permit, the permit holder has a cumulative total of three (3) or more convictions or deferred adjudications in the name of the permit holder for any violations of this article wherein the violations occurred on at least three (3) separate calendar dates within a consecutive twelve (12) month period:

(4)

Notice of intention to revoke/suspend permit. If, on the basis of information and belief, the chief of police concludes that any permit issued under this article is subject to revocation or suspension because of the existence of any of the conditions set forth in subsections (m)(2) and/or (m)(3), the chief of police shall initiate a revocation/suspension proceeding by sending a notice of intention to revoke/suspend permit to the permit holder which shall detail the following:

The factual basis for the intention to revoke/suspend the permit;

The provisions of this article alleged to be violated;

The calendar date by which any request for contested case hearing is due; and

The person or office with which any request for contested case hearing must be filed and the address at which any such request must be filed.

The notice of intention to revoke/suspend permit shall be sent to the permit holder via personal delivery or sent to the permit holder's last known address via United States ("U.S.") Postal Service, certified mail, return receipt requested, and a copy shall be filed with the hearing officer or his designee for this purpose.

(5)

Request for contested hearing required within ten (10) business days. The permit holder shall have ten (10) business days from the date of receipt of a notice of intention to revoke/suspend permit in which to file a request for a contested case hearing with the person or office indicated on the notice of intention to revoke/suspend permit. The request shall be filed via U. S. Postal Service, certified mail, return receipt requested, or via personal delivery. A copy of the request shall be sent on the same date to the chief of police via U. S. Postal Service, certified mail, return receipt requested, or via personal delivery. If filed by mail, the request shall be considered timely filed if the green return receipt card shows the item was properly addressed and received by the addressee on or before the tenth business day from the date the permit holder received the notice of intention to revoke/suspend permit. If filed by delivery, the permit holder shall be responsible for obtaining a copy of the request stamped with the date of filing by the person or office receiving the request.

(6)

Hearing within twenty (20) business days of request. Upon proper request as set forth above, and except in the case of a continuance granted in accordance with the requirements of this article, each party with standing to contest is entitled to an opportunity to respond and to present evidence and argument on each allegation in the notice of intention to revoke/suspend permit at a hearing to be held within twenty (20) business days after the date of filing of their request as shown by the date of filing stamped on the request.

(7)

Result of request or failure to request hearing. If no request for contested case hearing is timely filed, the hearing officer shall revoke the permit in question and issue a notice of revocation. If a request for contested case hearing is timely filed, the hearing officer shall conduct a contested case hearing in accordance with the provisions of this article.

(8)

Notice of hearing not less than ten (10) business days from hearing date. Notice of a hearing in a contested case shall be sent or delivered to the person requesting a hearing not less than ten (10) business days from the date of the hearing; shall include a statement of the time, place, and nature of the hearing; and shall be sent via personal delivery or U. S. Postal Service, certified mail, return receipt requested to the last known address of the person. Notice of a hearing in a contested case shall be considered timely if properly addressed and postmarked not less than ten (10) business days from the date of the hearing and received not less than seven (7) business days from the date of the hearing as evidenced by the delivery date noted on the green return receipt card.

(9)

Representation by counsel. Each party to a contested case is entitled to:

The assistance of counsel, at the party's expense, before the hearing officer; or

Expressly waive the right to assistance of counsel in writing or on the record before the hearing officer.

(10)

Status of permit during hearing. While a contested case is pending, and prior to the final decision of the hearing officer regarding revocation or suspension, a permit remains valid unless:

(a)

It expires without timely application for renewal;

(b)

It is voluntarily withdrawn or surrendered by the permit holder; or

(c)

The permit holder commits an act or omission contrary to the provisions of this Article which otherwise invalidates the permit.

This section shall not apply during any judicial appeal following the decision of the hearing officer.

(11)

Applicable rules. Except as otherwise indicated herein, the Texas Rules of Evidence and the Texas Rules of Civil Procedure shall apply to a contested case.

(12)

The following additional rules shall apply to any contested case hearing pursuant to this article:

In each contested case before the hearing officer, the city attorney, or his designated representative shall represent the chief of police.

A contested case may not be continued, except upon express written agreement of all parties to the contested case, or upon showing of good cause for a period not to exceed twenty (20) days.

Ex parte communications in connection with any issue of fact or law between any party and the hearing officer are strictly prohibited, except on notice and opportunity for each party to participate.

In a contested case, either party may request a court reporter to transcribe the hearing. The party requesting a transcript of the hearing shall bear the cost for production of the transcript.

If there be any conflict between the Texas Rules of Evidence and the Texas Rules of Civil Procedure and the rules set forth in this article, the rules in this article shall prevail.

(13)

Record. The record in a contested case shall include the following:

File stamped copy of notice of intention to revoke/suspend permit;

The request for a hearing and any written response to the notice of intention to revoke/suspend permit;

A statement of matters officially noticed;

Questions and offers of proof, objections, and rulings on them;

Each decision, opinion, or report prepared by the hearing officer at the hearing;

All documents, data and other evidence submitted to or considered by the hearing officer used in making his or her decision; and

The record shall be filed with the municipal court for the city.

(14)

Decision of the hearing officer.

If on the basis of substantial evidence the hearing officer finds that any of the conditions set forth in subsections (m)(2)a. or (m)(3)a. exist for the permit in question, the hearing officer shall revoke the permit.

If on the basis of substantial evidence the hearing officer finds that any of the conditions set forth in subsections (m)(2)b., (m)(2)c., or (m)(3)b. exist for the permit in question, and the permit holder has not had the permit suspended in the previous twelve (12) calendar months, the hearing officer shall suspend the permit for a period of sixty (60) calendar days.

If on the basis of substantial evidence the hearing officer finds that any of the conditions set forth in subsections (m)(2)b., (m)(2)c., or (m)(3)b. above exist for the permit in question and the permit holder has had the permit suspended within the previous twelve (12) calendar months, the hearing officer shall revoke the permit.

If the hearing officer does not find the existence of any conditions for which the permit in question may be suspended or revoked under this article, the hearing officer shall deny revocation or suspension.

(n)

Notice of revocation/suspension.

(1)

A final decision or order by the hearing officer shall be issued in writing, and shall:

Include findings of fact and conclusions of law, separately stated;

Contain a concise and explicit statement of the underlying facts supporting the findings;

If a party submits proposed findings of fact, the decision or order shall include a ruling on each proposed finding;

Be rendered not later than five (5) business days after the date on which the hearing is finally closed;

Be provided to all parties via personal delivery or via United States Postal Service, certified mail, return receipt requested; and

Be considered timely if:

For personal delivery, a party receives notice not later than three (3) business days from the date on which the decision is rendered; or

For postal delivery, the decision or order is postmarked not later than three (3) business days from the date on which the decision is rendered.

(2)

Following a final decision in a contested case, any revocation or suspension of the permit in question shall take effect upon the date of delivery of the notice of the hearing officer's decision or such other date as may be set by the hearing officer and stated in the notice.

(3)

Any act authorized by a permit shall be unauthorized and in violation of this article upon and after the effective date of any suspension of the permit until the suspension expires.

(4)

Any act authorized by a permit shall be unauthorized and in violation of this article upon and after the effective date of any revocation of the permit unless and until a new permit, if any, is applied for and granted pursuant to the terms of this article. If a permit has been revoked because of crimes or activities occurring on the premises of an adult arcade, any and all permit holders of the adult arcade permit which has been revoked are disqualified from receiving or holding any permit under this article for a period of one calendar year from the effective date of the revocation.

(5)

If an adult arcade permit is suspended or revoked because of crimes or activities occurring on the premises of the adult arcade, each and every individual, person, or association listed with the city as a duly authorized agent, owner, or operator of a adult arcade at the time of any suspension or revocation of the adult arcade permit for that establishment shall be considered to have had an adult arcade permit suspended or revoked as if they held the permit in their own name for purposes of determining whether they are qualified to participate in another permit application under this article. If an adult arcade permit is suspended or revoked because of crimes or activities of one or more of the permit holders which did not occur on the licensed premises, then only that individual(s) shall be considered to have had an adult arcade permit suspended or revoked for purposes of determining whether they are eligible to participate in another permit application under this section 21-22

(o)

Judicial appeal.

(1)

If a respondent is entitled to receive a permit under the provisions of subsections (i) or (j), and if after the applicant files a request for the permit pursuant to the provisions of subsection (h)(10) the chief of police refuses or fails to issue the permit, then the respondent shall have thirty (30) calendar days from the expiration of the deadline in subsection (h)(10) in which he may file suit for a writ of mandamus or other available remedy in a Judicial District Court of Bexar, County, Texas.

(2)

If an application is denied or a permit revoked or suspended, then:

A respondent shall have forty-five (45) calendar days from the date of receipt of notice of rejection or notice of revocation in which to file suit for writ of mandamus or other available remedy in a Judicial District Court of Bexar County, Texas; and

The respondent shall waive any appeal or cause of action if suit is not filed within the time specified herein.

Any appeal to state court of this ordinance is entitled to preferential setting and to be set for trial at the earliest practicable date. Any appeal from the decision of the trial court shall be accelerated.

(p)

Configuration of arcades; lighting; etc. The following minimum standards shall apply to the interior design of the premises of all adult arcades opening for business after the effective date of this section:

(1)

At least one manager's station shall be located within the premises and such location shall provide an employee, operator, agent, or owner on duty, an unobstructed view of every area of the adult arcade to which any patron may be permitted access for any purpose, other than toilet facilities, from said manager's station. If an adult arcade has two (2) or more manager's stations, the interior design of the adult arcade shall be configured to provide an unobstructed view of each area of the adult arcade to which any patron may be permitted access for any purpose other than toilet facilities, from at least one of the manager's stations. The view required must be by direct line of sight from the manager's station. Restrooms may not contain any arcade device.

It shall be the duty of the owners, operators, agents or employees of the adult arcade to ensure that the view area specified in this section remains, unobstructed by merchandise, display racks or other materials at all times that any patron is present in the adult arcade to ensure that no patron is permitted access to any area of the adult arcade which is not within this view area. At all times that any patron is present in the adult arcade, it shall be the duty of the owners, operators, agents or employees of each adult arcade to ensure that at least one person who is charged with responsibility for the operation of the adult arcade is on duty at the adult arcade and situated in the manager's station with the view area designated herein.

It shall be an exception to the requirements of this subsection that the area of the adult arcade in question is being video monitored in accordance with subsection (p)(2)b.

(2)

Video monitoring alternative.

No adult arcade shall equip any areas into which patrons may be permitted access, other than toilet facilities, with interior doors, screens, curtains or any other opaque coverings which could obstruct the view into an area in which patrons may be permitted except as allowed under subsection (p)(2)b. It shall be the duty of the owners, operators, agents, and employees of the adult arcade to ensure that each area into which patrons may be permitted access, other than toilet facilities, is not equipped with interior doors, screens, curtains, or any other opaque coverings which could obstruct the view into each area in which patrons may be permitted access except as allowed in section (p)(2)b.

As an alternative to subsection (p)(2)a., a room in which a patron is allowed to view a video on the premises may be equipped with an interior door if the owners, operators, agents and employees of the adult arcade:

Maintain continuous videotape monitoring of each room in which a patron is located;

Make the tapes of each of the videotaped rooms available to police officers upon request for immediate inspection during any hours during which the establishment is open for business;

Keep and maintain the tapes of each videotaped room for review by law enforcement personnel without notice, for a period of two (2) weeks;

Maintain the configuration requirements and other requirements set forth in this article.

(3)

During hours of operation, the light fixtures shall be kept on at a sufficient intensity to illuminate by not less than three (3) foot-candle as measured at four (4) feet above the level of the floor and at every area where customers or patrons are allowed. Lighting shall not be subject to intensity control by means of rheostat or other device, but shall be maintained at constant intensity in every area where customers or patrons are allowed. Light control, including on and off switches, shall be maintained at a central location by the manager, and shall not be accessible to customers or patrons. It shall be the duty of the owners, operators, agents or employees of the adult arcade to ensure that the illumination specified in this section is maintained at all times that any patron is present in the adult arcade or at all times the adult arcade is open for business.

(4)

Each adult arcade must comply with the following configuration requirements. Nothing herein shall allow the placement of interior doors except as allowed in subsection (p)(2)b.

Excepting a door that may serve as an entrance or exit to the building of the establishment for each area to which a customer or patron on the premises is allowed access, excepting the interior of lavatories: any interior door allowed herein must be made of clear glass that is no thicker than one-half-inch or of wood that is no thicker than one and one-half (1½) inches. All wooden doors must contain a clear glass window that is no thicker than one-half-inch and at least twelve (12) inches wide by twelve (12) inches high. The window must be situated on the door at a height no less then four and one-half (4½) feet and no greater then six (6) feet from the ground. The window may not be partially or fully covered in any manner. Excepting the doorknob, no interior door may be made of metal, reinforced by metal, or be thicker than allowed herein. The door to any interior room may only have one throw from the doorknob or in any other manner latch from more than one place into a striker plate whenever the door is closed; and, excepting one lock that forms part of the doorknob and is neither a deadbolt nor chain, no interior door may have a dead bolt, chain, and/or any type of lock. The city must be provided with a master key to all interior doors in each establishment, which may be used by law enforcement personnel to open and inspect any room or rooms at any time without notice during operating hours.

For each area to which a customer or patron is allowed access, excepting a doorframe that may serve as an entrance or exit to the establishment, each interior doorframe to a wooden door may not be reinforced with any type of metal, excepting a cubic area that is part of the striker plate in the dimensions of not more than: six (6) inches long by two (2) inches wide by six (6) inches high.

Excepting conduits for plumbing, heating, air conditioning, ventilation, electrical service, or cable or satellite television, no opening is allowed in any wall; partition; screen; lavatory stall; or any other barrier between viewing areas or toilets.

The conduits for plumbing, heating, air conditioning, ventilation, electrical service, and cable or satellite television must be so screened or otherwise configured to prevent their use as openings that would allow any portion of an individual to penetrate the wall or barrier between the viewing areas or toilets.

All interior walls of any areas into which patrons may be allowed access shall be continuous from floor to ceiling with no apertures, holes or other openings. It shall be the duty of the owners, operators, agents, or employees of the adult arcade to ensure that all interior walls of each area into which patrons may be allowed access is continuous from floor to ceiling with no apertures, holes or other openings.

(5)

It shall be the duty of the owners, operators, agents, or employees to ensure that each separate room or compartment of the adult arcade into which patrons may be allowed access will be prominently displayed to ordinary public view with signs as follows:

A poster or sign containing an AIDS information telephone number and stating, "Stop AIDS avoid contact with sexual fluids and dirty needles."

A poster or sign containing an AIDS information telephone number and stating, "AIDS is transmitted by sex without condoms or by sharing needles."

Alternatively, a poster or sign with a similar message as approved in writing by the city health director may be displayed.

In rooms in which video surveillance is being used, a sign notifying persons that video surveillance is being used in the rooms.

A signs warning of activities which constitute criminal behavior in the rooms as approved by the vice department.

Each sign required by this section shall be in lettering not less than one-half (½) inches in height unless otherwise approved by the health director.

Signage shall be in both the English and Spanish languages.

(6)

Each adult arcade shall be required to prominently display in the entryway to the facility available to ordinary public view literature concerning sexually transmitted diseases and/or AIDS to be provided by the health department.

(7)

It shall be the duty of the owners, operators, agents, or employees to ensure that literature concerning sexually transmitted diseases and/or AIDS which is provided by the health department is permanently and conspicuously displayed to ordinary public view in the adult arcade and made available to the patrons of the arcade.

(q)

Violations; other prohibited conduct; enforcement.

(1)

A person having any duty under this article commits an offense if he knowingly or recklessly fails to fulfill that duty or fails to comply with any provision of this section or with any of the requirements hereof.

(2)

It shall be unlawful for any owner, operator, agent, or employee present in an adult arcade to knowingly or recklessly allow more than one patron or client at a time to enter or occupy a room in which an arcade device is located. A sign shall be posted at the entryway of each such room which notifies patrons that only one patron at a time may enter or occupy this room.

(3)

It shall be unlawful for any owner, operator, agent, or employee present in an adult arcade to knowingly or recklessly allow or permit any of the specified sexual activities to occur in the adult arcade or for any owner, operator or employee to knowingly or recklessly allow or permit the adult arcade to be used as a place in which solicitation for any act of specified sexual activities occur.

(4)

In case any premises are erected, constructed, reconstructed, altered, repaired, converted, maintained or used in violation of this section, the city, in addition to imposing criminal sanctions provided therefore, may institute any appropriate action or proceeding, including an action for abatement of a nuisance under state statute, or judicial proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, or to prevent such illegal act, conduct or use.

(5)

Any persons violating any provisions of this section shall be guilty of a misdemeanor. Each day upon which such a violation occurs constitutes a separate offense. Each structure erected around an arcade device that does not comply with the provisions of this section constitutes a separate violation. Upon conviction, each violation shall be punishable by a fine of not less than two hundred fifty dollars ($250.00) nor more than two thousand dollars ($2,000.00).

(6)

Businesses currently operating as adult arcades shall come into compliance with the terms of this article within ninety (90) days of passage of this article, except that those adult arcades which do not meet the configuration requirements of this article shall have a one-year amortization period to allow for recoupment of their investment in their expenditures on interior configuration during which they may operate under the configuration requirements of the city's previous ordinance. During the amortization period, all requirements of this article which do not require reconfiguration of the structure of the adult arcade shall apply.

(Ord. No. 67481, § 1, 7-7-88; Ord. No. 68791, §§ 1—11, 2-9-89; Ord. No. 98203, § 1, 9-25-03; Ord. No. 100191, § 1, 12-16-04)

Sec. 21-23. - Use of city facilities prohibited for public consumer gun shows; exemption for sport, outdoor trade and antique shows.

(a)

City-owned facilities shall not be used for the purpose of staging public consumer gun shows. The city manager and city staff are directed to cease booking events that are open to the public and are primarily devoted to the display and sale of weapons, ammunition, and firearm or military paraphernalia.

(b)

This section does not apply to sport, outdoor trade, or antique shows, which may, incidentally, include the display of, but do not include the over-the-counter sale of, weapons or ammunition.

(Ord. No. 79998, §§ 1, 2, 4-14-94)

Editor's note—

Ord. No. 79998, adopted April 14, 1994, has been codified herein at the discretion of the editor as § 21-23

Sec. 21-24. - Policies regarding performances at city-owned facilities.

(a)

City staff is directed to monitor the need for crown control measures, specifically pertaining to seating arrangements and lighting levels, to enhance enforcement of state and local criminal laws at performances held at the Convention Center Arena and Municipal Auditorium.

(b)

Staff is directed to review the level of police security at each performance held at the Convention Center Arena and Municipal Auditorium and document those instances where security levels need to be increased in relation to the type of event, the identity of the performer and the size of the crowd.

(c)

The city council reaffirms its policy that criminal laws should be enforced to the fullest extent possible and directs staff to take every reasonable step to detect and confiscate illegal substances at performances held in city-owned facilities and arrest those persons who violate criminal laws.

(d)

Staff is directed to monitor the type of container or package in which illegal substances are confiscated and the types of events where contraband is confiscated in order to determine whether an ordinance prohibiting containers or packages at the Convention Center and Municipal Auditorium during certain performances is necessary.

(Res. No. 85-54-73, 9-19-85)

Editor's note—

Resolution No. 85-54-73, adopted September 19, 1985, did not specifically amend the Code, therefore such ordinance was treated as adding a new § 21-24 at the discretion of the editor.

Sec. 21-25. - Prostitution, loitering for prostitution prohibited.

(a)

Definitions. For the purpose of this section, the words or phrases set out in this subsection (a) mean the following:

Known prostitute or panderer means a person who, within two (2) years previous to the date of arrest for violations of this section, has within the knowledge of the arresting officer been convicted of violating any law or ordinance prohibiting soliciting, committing, or offering to commit prostitution, promotion of prostitution, or aggravated promotion of prostitution.

Loiter means to delay or linger without a lawful purpose for being on a public street or place, for the purpose of committing a crime such as opportunity may be discovered.

(b)

Prostitution. It is unlawful for any person to:

(1)

Commit or offer to commit "prostitution," "promotion of prostitution" or "aggravated promotion of prostitution," as those acts are defined in Texas Penal Law;

(2)

Knowingly transport a person into, or within, the city to promote that person's engaging in prostitution, or procuring or paying for transportation with that purpose;

(3)

Knowingly receive, offer or agree to receive another into any place, building or vehicle for the purpose of any person committing prostitution;

(4)

Knowingly permit another to remain there for such purpose, or to knowingly in any way aid, abet or participate in prostitution; or

(5)

Secure or offer to secure a person for the purpose of committing prostitution, promotion of prostitution or aggravated promotion of prostitution.

(c)

Loitering for prostitution.

(1)

It is unlawful for any person to loiter in or near any street or place open to the public in a manner and under circumstances manifesting the purpose of inducing, enticing, soliciting or procuring another to commit prostitution.

(2)

Among the circumstances, but not the only circumstances, which may be considered in determining whether such purpose is manifested are the following: that such person is a known prostitute or panderer, and repeatedly beckons to, or stops or attempts to stop, or engages any person passing by in conversation indicative of soliciting for prostitution, or repeatedly stops or attempts to stop a motor vehicle operator by hailing, waiving of arms or any other bodily gesture.

(3)

No arrest shall be made for a violation of this section unless the arresting officer first affords such person an opportunity to explain such conduct, and no person shall be convicted of violating this section if it appears that the explanation given was true, and additionally did disclose a lawful purpose.

(4)

Peace officers enforcing this section shall have the same amount of discretion as allowed under the Texas Penal Code.

(d)

Penalties. All violations of this section shall be punished as a Class C misdemeanor.

(Ord. No. 88321, §§ 1—4, 8-20-98)

Sec. 21-26. - Sitting or lying down in the right-of-way.

(a)

This section applies in the central business district of the city which is defined as the area within the boundaries set out beginning at South San Marcos Street at its intersection with West Commerce Street, south to its intersection with Matamoros Street, east to its intersection with the Union Pacific Railway, south to South Alamo Street, north to its intersection with East Durango Boulevard, east to South Cherry Street, north to its intersection with East Commerce Street, east to its intersection with North Mesquite Street, north to its intersection with Burleson Street, west to its intersection with Austin Street, north to its intersection with Casa Blanca Street, west to Newell Avenue, southwest to East Elmira Street, west to the intersection of West Elmira and the westbound service road of Interstate Highway 10, underneath Interstate Highway 10, then westbound from the intersection of the Interstate Highway 10 eastbound service road and Perez Street to its intersection with North Frio Street, south to its intersection with West Martin Street, west to its intersection with North San Marcos Street, south to its intersection with West Commerce Street.

(b)

A person commits an offense if, after having been notified by a law enforcement officer that the conduct violates this section, the person continues to sit or lie down in the right-of-way between the roadway and the abutting property line or structure, or on an object placed in that area, in a manner that would:

(1)

Hinder the unobstructed passage of a person;

(2)

Require a person to take evasive action to avoid physical contact;

(3)

Block the passage of a person entering or leaving a building; or

(4)

Require a person entering or leaving a building to take evasive action to avoid physical contact.

(c)

This section does not apply to a person who:

(1)

Sits or lies down because of a medical emergency;

(2)

As the result of a disability, uses a wheelchair or similar device to move about;

(3)

Operates or patronizes a commercial establishment that conducts business on the sidewalk in compliance with the ordinances of the city;

(4)

Participates in or views a parade, festival, performance, rally, demonstration, or similar event;

(5)

Sits on a chair or bench that is supplied by a public agency or by the abutting private property owner; or

(6)

Sits within a bus stop zone while waiting for public or private transportation.

(d)

A culpable mental state is not required, and need not be proven, for an offense under this section.

(e)

Any person who engages in any activity specified in subsection (b) may be subject to prosecution for a class C misdemeanor and a fine not to exceed five hundred dollars ($500.00).

(Ord. No. 100378, §§ 1, 2, 2-3-05; Ord. No. 2010-04-15-0326, §§ 1, 2, 4-15-10)

Sec. 21-27. - Urinating and/or defecating in public.

(a)

A person commits an offense if he or she urinates and/or defecates:

(1)

In or on a public street, alley, sidewalk, yard, park, building, structure, plaza, or utility right-of-way, or other public place; or

(2)

In public view.

(b)

It is an affirmative defense to prosecution under this section if the person was in a restroom.

Any person who engages in any activity specified in subsections (a)(1) or (a)(2) may be subject to prosecution for a class C misdemeanor and a fine not to exceed five hundred dollars ($500.00).

(Ord. No. 100381, §§ 1, 2, 2-3-05)

Sec. 21-28. - Camping in public.

(a)

Except in designated areas, it shall be unlawful for any person to camp in any public place.

(b)

In this section, the term public place means an outdoor area to which the public has access and includes, but is not limited to, streets, highways, parks, parking lots, alleyways, pedestrian ways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.

(c)

In this section, the term "camp" means to use a public place for living accommodation purposes such as, but not limited to any of the following:

(1)

Storing personal belongings;

(2)

Making a camp fire;

(3)

Using any tents shelter or other structure, furniture, refuse or vehicle for living accommodation;

(4)

Carrying on cooking activities; or

(5)

Doing any digging or earth breaking.

(d)

The activities listed in subsection (c) shall constitute camping when it reasonably appears, in light of all the circumstances, that the participants, in conducting these activities, are in fact using the area for living accommodation purposes regardless of the intent of the participants or the nature of any other activities in which they may also be engaging.

(e)

It shall be an affirmative defense to prosecution that a person is the person who owns the property or has secured the permission of the property owner to camp in a public area.

(f)

This section does not apply to camping or cooking in a city park in compliance with park regulations.

Any person who engages in any activity specified in subsections 28(a)-(d) above, may be subject to prosecution for a class C misdemeanor and a fine not to exceed five hundred dollars ($500.00).

(Ord. No. 100379, §§ 1, 2, 2-3-05)

Sec. 21-29. - Aggressive solicitation.

(a)

In this section, the following definitions apply:

Aggressive manner means:

(1)

Making any physical contact with or touching another person in the course of the solicitation without the person's consent;

(2)

Following the person being solicited, if that conduct is:

Likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or

Reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation;

(3)

Continuing to solicit a person after the person has made a negative response;

(4)

Blocking the safe or free passage of the person being solicited or requiring the person, or the driver of a vehicle, to take evasive action to avoid physical contact with the person making the solicitation;

(5)

Using obscene or abusive language or gestures toward the person being solicited; or

(6)

Approaching the person being solicited in a manner that:

Is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or

Is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation.

Automated teller machine means a device, linked to a bank's account records, which is able to carry out banking transactions.

Automated teller facility means the area comprised of one or more automatic teller machines, and any adjacent space that is made available to banking customers.

Bank includes a bank, savings bank, savings and loan association, credit union, trust company, or similar financial institution.

Charitable contribution meter means a re-dedicated parking meter sanctioned by the city to allow charitable donations to be made by the public to support services for the homeless or some other charitable purpose.

Check cashing business means an entity in the business of cashing checks, drafts, or money orders for consideration.

Parking meter or pay station means 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.

Public area means an area to which the public has access and includes, but is not limited to, a sidewalk, street, highway, park, parking lot, alleyway, pedestrian way, or the common area of a school, hospital, apartment house, office building, transport facility, or shop.

Solicit means 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

(2)

Within fifty (50) feet of the following areas where the public is considered vulnerable or where solicitation would interfere with the flow of traffic:

An automated teller machine;

An automated teller facility;

The entrance or exit of a bank;

The entrance or exit of a check cashing business;

A charitable contribution meter;

A parking meter or parking pay station on a street;

A public parking garage or parking lot pay station;

The entrance or exit of a restaurant or the service area of an outdoor eating establishment;

In a bus, at a bus station or stop, or at a facility operated by a transportation authority for passengers; or

A marked crosswalk.

(c)

A culpable mental state is not required, and need not be proved, for an offense under this section.

(d)

Any person who engages in any activity specified in subsection (b), maybe subject to prosecution for a Class C misdemeanor and a fine not to exceed five hundred dollars ($500.00).

(Ord. No. 100380, §§ 1, 2, 2-3-05; Ord. No. 2011-11-17-0958, § 1, 11-17-11)

Sec. 21-30. - Reserved.