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Home My WebLink AboutOrdinance 0136 · ) ORDINANCE NO. 136 AN ORDINANCE REGULATING TRAFFIC AND MAINTAINING ORDER IN AND AROUND DRIVE-IN RESTAURANTS. PROVIDING WHAT CONDUCT BY ANY PERSON OR PERSONS ENTERING ONTO THE PREMISES IN A MOTOR VEHICLE OF ANY KIND SHALL CONSTITUTE A MISDEMEANOR, PROVIDING FOR A SAVINGS CLAUSE. PROVIDING FOR A PENALTY OR PENALTIES 1 AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS I SECTION I A drive-in restaurant, w1 thin the meaning of this ordinanee shall be deemed to be any restaurant, where meals, sandwiches, cold drinks, beverag-es, ice cream or other food, is served directly to or is permitted to be consumed by patrons in automobiles, motorcycles or other vehicles parked on the premises . For the purpose of preserving public peace, health and safety, the entire premises occupied by a drive-in restaurant, toqether with the means of ingress thereto and egress therefrom, are hereby declared to be of a public place. SECTION II The owner, lessee or operator of any drive-in restaurant shall maintain quiet and <¡ood order upon the premises and shall not permit disorderly or immoral con- duct or loitering thereon, nor shall he cause or permit any noise or nuisance on the parking area of the drive-in restaurant whereby the quiet and g-ood order of the neigh- borhood are disturbed. I I ... SECTION III No person on the premises of any drive-in restaur- ant shall race the motor of any motor vehicle, needlessly bring to a sudden start or stop any motor vehicle, blow any horn of any motor vehicle or cause to be made any other loud or unseemly noise, unisance, or disturbance whereby the quiet and good order of the premises or the neighborhOOd are disturbed. -2- ORDINANCE NO. 136 SECTION IV It shall be unlawful for any person under the age of twenty-one (21) years to bring on the premises of any drive-in restaurant any alcoholic beverage and attempt to consume or consume same with or without the purchase of any food on the premises of such drive-in restaurant. SECTION V The following act or conduct. of any person or persons entering any drive-in restaurant or abutting property are hereby declared to be unlawful and any per- son found quilty of any such act shall be quilty of a misdemeanor and upon conviction shall be fined as provided by the Ordinance, (a) TO enter the premises of any drive-in restaurant or abutting propert.y in a motor vehicle of any description and park said vehicle and leave the pre- mises without getting the consent of the owner or opera- tor of said restaurant, in which event said vehicle may be impounded subject. to the usual impounding charges, (b) To enter said premises or abutting property in a motor vehicle of any kind and use said premises for cruising, racing, as a short-cut to another street or to annoy or endanger any person or persons or other vehicle or vehicles lawfully on said premises, (c) For three (3) or more persons to congregate on the premises and linqer or loiter at any location on the premises of any drive-in restaurant other than in the restaurant building or in a legally parked motor vehicle. SECTION VI It is hereby declared to be a duty of the owner or operator of a drive-in restaurant to provide not less than two (2) receptacles for the receipt of trash, litter, pa per, napkins, cups and remnants of food at each exi t, available to the patrons as they leave the premises. Ftilure of the owner or operator of a drive-in restaurant to provide such receptacles shall constitute a misdemeanor, and any person upon conviction thereof shall be fined as provided in this ordinance. SECTION VII It shall be unlawful for any patron of a drive-in restaurant to throw or deposit any of the litter mentioned -3- QRDINANCE NO. 136 in the preceðinq section anywhere on the grounds or on the streets of the City of North Richland Hills save and except in the receptacles provided therefor. Any person violating this provision of this ordinance shall be guilty of a misdemeanor, and upon conviction shall be fined as provided for in this ordinance. SECTION VIII Any person while on the premises of any drive- in restaurant who shall in the presence or hearinq of another, curse or abuse such person or use any violently abusive lan<¡Ua.qe to such person concernin<¡ him or any of his female relatives under circumstances reasonably cal- culated to provoke a breach of peace, shall be fined not more than two hundred dollars ($200.00). SECTION IX Any person, who while on the premises of any drive-in restaurant shall use loud and vociferous, or obscene, vulgar or indecent lanquage or swear or curse, or yell or shriek in a manner calculated to disturb the person or persons present at such place, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not exceeding two hundred dollars ($200.00). SECTION X It is declared to be the intention and purpose of this ordinance not to repeal any other ordinance or ordinances now in effect applicable to premises such as drive-in restaurants and it is hereby declared that the purpose of this ordinance is to make this ordinance cumulative with all other such applicable ordinances, provided, however, that any conflict in languaqe between this ordinance and any other ordinance or ordinances applicable to drive-in restaurants, the languaqe of this ordinance shall prevail. SECTION XI It shall be the duty of the restaurant operator to post on the premises in a oonspic:ious location one or more signs bearing the followin<¡ legend, "CRUISING IN OR CONGREGATING AND LOITERING OUTSIDE OF A MOTOR VEHICLE IS UNLAWFUL, NO UNOCCUPIED VEHICLES MAY BE LEFT ON THESE PREMISES WITHOUT THE CONSENT OF THE RESTAURANT OPERATOR." -4- ORDINAN~E ~O.~36 SECTION XIX That if any aect.ion, subsection, paraqraph or provision of this o~din.nc. shall De held invalid for any reason whatsoever, suc:6invalidit.y ahall not affect the remaininq portions of this ordinance which shall remain in full force and effect, and to this end the provisions of this ordinanee are declared to be severable. SECTION XIII Any person found guilty ot violating any of the provisions of this ordinance shall be tined a sum not to exceed two hundred dollars($200.00), provided, how- ever that if any sect10n or sub.eation of this ordin- ance provides for a specific penalty for a particular violation, such penalty shall apply to such particular violation. SECTION XIV '~ The fact that thepresent ordinances do not pro- vide for adequate regulation of traffic and qooð order in and around drive-in restaurant premises, and in order to protect the public health, safety and qeneral wel- tare it is an urqeney and an emerqency in the inwneéSiate preservation of the public health, safety, comfort, peace and general welfare and requires that this ordin- ance shall take effect immediately from and after its passaqe and it i. aacordinqly so ordained. PASSED AND ADOPI'ED THIS 19th day of July, A.D., 1965, with seven Councilmen votinq for the passac¡e and adoption hereof and zero Councilmen voting aqainst the passaqe and adoption hereof. MAYOR ATTEST. CITY SECRETARY LEGAL AFFIDAVIT THE STATE OF TEXAS: ATTACH LEGAL COpy HERE COUNTY OF TARRANT Before me, the undersigned authority on this day personally appear:ed Ni ta. Thurmanknown to me to be a credible perso"n, who I..'¥ first being sworn, deposed and upon her ~ath said: circulatidtI-ln the City/Town of Hurst \01 Bookkeeper Mid Cities That she' is the of the ?~ which has been regularly and continuously published ana of gene , for a period more than one year"" next preceding the attached Lega.l Notice and that he caused said notice to be "~ published in said newspaper on the following date/so 7-28-65 That the attached is a true and correct copy of said notice as pub- lished on said date/s in said Mid Cities Daily News Texan J' tl ./f~.~~ f" Sworn to and subscribed before me, this the~day of Aug,. 1965 .- .' \ ~i p, j ';'_ -. '!t'-- "·1,,. , I/, " . .~~ County, \ ". ....... .' ,\ n Mthis ordþanCle '~' , ' . ' . h e'· meals, sarJd.- ... ,';¡.1'n'Qr'.other fOOd, ts . """""lned by patrons I'. rvehicles parked on the . ling public peace, health and upied by a¥....k1 restaurant, thereto IÏti()\~ØÌ!ess therefrom, f a public pta~e. SECTION IT. ,essee or operator of any drive-in restal1raRt! > quiet ' and good order upon the premises'" 1 shall notinit disorderly, or immoral conduct or 10iteriRg thereon, . nor shall he cause or permit any noise or nuisance on the parking area of the drive-in restaurant whereby the qUiet 'and good order of the neighborhood are disturbed. SECTION lIT. "'~';; ~- i¡1. . f' No,·perSoI¥On till! premises ofa drive-in restaurant shall race the ,motor of, any motor.vehicle, nE!edlessly bJ;"ing to' a sudden ~~orstopanfmotorvehicte,. blow any horn of any motor" vehicle, or cause to ,be rtUl,de any other loud or unseemly noÎ$e,nui~ance, or disturbaÌlc~ whereby the quiet and goOd o~er of the premises or the, neighborhood are disturbed." SECTION IV. ;\:-1 "''J; , tt.'~lL~u~awfUl før any person under the age of twenty~ one,~i?,.,r~a~$ tobrihg ,oD'thepre¡nises of any drive-in re~~~t~T'alcotìo1ic:bev!'!rag!,! and, atœmpt to conSume o~iL~mesaine,with or without the purchase of any food on ~iprèmiSes of su:eh dtive..;in restaurant. ;'¡',;:" .Þ S¡::CTlON V. " 'Fhe,f0110\ViAgacto~~....,,~Mo~ ~ring anydriv;e-in restaurant or abutting property arê_reb)' de- clared to, be unlawful and any person found guilty òfa,ny such act shall be guilty ot a misdemeanor and upon conviction shall be fined as provided by this ordinance; " (a) To enter the premises of any drive-in restaurant or abutting property. in a motorvehtcle of any description and pàrk ~aid 'tehic1e and leave the premises without gettiDg the consent , of the OWner or operator of said restaurant;' in . which event said 'Vehicle may be impounded sUbject to the usual impounding charges; (b) To enter said premises or a~utting property in a motor vebicle of any kind and use said premises for cruising ra~~g, as a. shortcut to another street or to annoy or en~ dItî~"'.ë~~ðt~$ôdls\1iöt ~íi::.êf¡i¢le or ..~. lawfUlly on said 'þx:emises;, ..... :\'i" ' ¡.' < ..~ ""i¡; ,', ' ;, ; (c) For thre~; (~ or more''Persons to cOn~êgå.te on the premises and linger or loiter at any location on the pre- ...... of any drive-in restaurant other than in the res- taunDt bufJding or in a legally parked motor vehicle. ,¡V li"!!'i, ~qTI01>fVI.: a. MJ;"eby declared to be a duty of the owner or operator of afttft-a restaurant to pro'Vide notlessthU two (2) recep- ~~Sif~,~thElr~ce4>tof trash~lftt~, pQ.pet,na~, cups and ~~()ffQ04 at:eàch exit, avail,ableto, the patrons as theý. Jea/'e~PJ;"èmises. FaUure ottheowner or operator of a dti~-in~staùrant to PtoVide such ~ecepœ:cles shåu constitute a,. pdemeanoJ;", a.nd any person upon conviction theJ;"eof shall be finèd as provided in this ordinance. SECTION VII. . , :a,sha11 be Unlawful fox' anypatronofa drive-in restaurant to throw. or deJ?Oslt any of the litter mentio,ned Pi the I?receding sanction anywhere on the grounds or on the streett;¡ of the City of lIlOrthftichland Hms save aIÌdexeept~thereceptacles pro_ Vided tfíerefor. Any person violating thú; provision of this ordipanceshan be~tyof a misdemeanor, and upon convic- ttoe,',shall be fined as provided for in this Ordinance; ..,,' SECTION VIII. ~y perSon whU4i! on the premises of ånydrive-in restaurant whQ shàU in the presence or hearing of another curse or abuse such person or use any violenUy abusive language to such person concerning hiÌ'h or any of his female relatives under circumstances reasonably calculated to provoke' a breach of peaOe, shall be fined not more than two hundred dollars ($209.JO). " SECTION IX. Any person, who whUe on-tbel>remises of any drive-in restáurant,Shall use loud and vociferous, Jor obscene, VUlgar or indecent. language or, swear or curse, or yeUor shriek ina rnanner calculated to dtstu1'4tbe_,sonœpersoos-present .at such' place, shall be guUty of a ~Sdemeanor and upon conviction shall be punished by a ,fine not exceeding two . hundred dOllars ($200.00). SEC'I'IO~2(:· _. ..+_~ ··_n.~"~~~_ ,Jt br declared to be the intention an is o~inance . 'Wi tp "..'., "by()thèj'ordinance .;.~ect iÞPltca~e / i$es St1<:h as dr1v ' and it is ,l1erebYMI ,.at1þe.pU,poseof ~,~ ., '., ',' is to make thisorcíi' ".. C1ÎlWla.tivè wit11 all othe~; suclJ' ipPl1cable or- dina.pçes; PfOviW< vert~t any' cO!1flict ,.in language between thÚîordtnab and art~r oJ'l:l~Cf! or ordinances applicable '1~td'~~in ur:ujt¡s,:ì,elanguãte of thtsordinanoe shallprevaU:i,*,;; ", . ';'~,1-'t- ;;;~. ., "" '1~"" It shall be the premises in a CÒtl the following l,gèIí . "CRt11SING(~ OUTSIDE qr UNOCCUPIED MISES WITij ERATOR." .'f,,' , <pe~to.r. to post on the þr mote sighs bearing, ' t