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Home My WebLink AboutOrdinance 0379 ORDINANCE NO. 379 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, DECLARING THE POSSESSION OF BOOKMAKING RECORDS TO BE A MISDE- MEANOR; DEFINING BOOKMAKING RECORDS; DEFINING POSSESSION; PROVIDING A PENALTY FOR VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; REPEALING CONFLICTING ORDINANCES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: SECTION 1. DEFINITIONS 1. "Bookmaking" as used herein shall have the meaning ascribed and given by Article 652a of the Penal Code of the State of Texas. 2. "Bookma.king records" shall mean any written, printed, typed or otherwise produced or reproduced lists of persons' names, telephone or communication media numbers, events upon which wagers may be placed, times, places or locations of such events, slips, oddsmakers' lists or information letters, tele- grams, or any other item, object or thing used for bookmaking record keeping, whether such records be in code or uncoded, and in whatever language. It is not the intention of this section to prohibit the possession of commercially produced newspapers, schedules or lists whJch have not been altered from original form for used as bookmaking records by the addition thereto or wagering information, names, locations, odds, addresses, tele- phone numbers or other gambling or bookmaking notations. 3. "Possession" shall mean having any such records on or about the person or in any vehicle or premises, house or structure under the control of or occupied by such person, whether such person is the owner thereof or not. SECTION 2. POSSESSION OF BOOKMAKING RECORDS Whosoever shall possess, except for evidence purposes, any document, file, list, slip or record of any kind or character whatever which is designed for the use of or used for recording or documenting any making, placing, or taking of any bet or wager of money or anything of value on a horse race, dog race, auto- mobile race, motorcycle race, or any other race of any kind whatsoever, a football game, baseball game, basketball game, hockey game, soccer game, athletic contest or sports event of whatever kind or character, shall be guilty of a misdemeanor. A person in possession of bookmaking records in presumed to know the nature, character, and past and prospective use of same. SECTION 3. PENALTY FOR VIOLATION Any person or persons violating any provisions herein stated shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not to exceed TWO HUNDRED DOLLARS ($200.00). SECTION 4. SAVING CLAUSE If any Section, paragraph, sentence, or word of this Ordinance be declared for any reason to be invalid, it is the intent of the City Council of the City of North Richland Hills, Texas, that it would have passed all other portions of this Ordinance independent of the elimination herefrom of any such portion as may be declared invalid and would not invalidate the whole ordinance, but only that portion declared to be invalid. SECTION 5. REPEAL OF CONFLICTING ORDINANCES This Ordinance hereby repeals and supercedes any and all prior ordinances passed by the City Council of the City of North Richland Hills concerning Bookmaking that may be in conflict herewith. SECTION 6. DECLARING AN EMERGENCY Due to the necessity of the above Ordinance regulating bookmaking and due to the fact that time is of the essence and that such controls are needed immediately and such Ordinance is for the benefit and general welfare of the citizens of North Richland Hills, an emergency is declared in order that this Ordinance may take effect upon approval of the City Council on first reading and after publication as prescribed by law. PASSED, APPROVED AND ADOPTED this 25th day of October , 1971. ATTEST: ~ PCúAoJ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: n.~~ ~/ c1*- ATTORNEY LEGAL AFFIDAVIT THE STATE OF TEXAS: COUNTY OF TARRANT Before me, the undersigned authority on this day personally appeared Eleanor Lewiinown to me to be a credible person. who first being sworn, deposed and upon her oath said: That she is th~ookkeepe&the Mid Cities Da;¡Yne~es~per which has been regularly and continuously published and of general circulatiotl in the City/Town of Hurst , for a period of more than one year next preceding the first publication of the attached Legal Notice and that he caused said notice to be published in said newspaper on the following date/so 11/17/71 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 ~~~. Sworn to and subscribed before me, this the 2n~ay of~, 19 ..1l- e a ary Public, Tarrant County, Texas . I':·. ""Nelke . ..... ....... " _'.,e,_ .,..,:<·'."i.'....-.·..i." ','·F"., . ì ORÐlNANCE' NO;~,m AND day of MAYOR' QN,L. MASSEY· Form -- 110 LEGAL AFFIDAVIT THE STATE OF TEXAS: A'M'ACH LEGAL COpy HERE COUNTY OF TI\RRA~TT Before me, the undersigned authority on this day personally Eleanor Lewis appearecr: known to me to be a credible person. who first being sworn, deposed and upon her oath said: BookkeeDer Mid Cities Daily News That she is the . of the _, a newspaper which has been regularly and continuously published and of general circulatiOh in the City/Town of Hurs t , for a period of more than one year next preceding the first publication of the attached Legal Notice and that he caused said notice to be published in said newspaper on the following date/so ll/2~/7l 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 f ~/~Á/--<-<-'; Sworn to and subscribed before me, this the.2tW.day of nA~_ 19 ll. ~ lÞJbanJ, Tarrant County, Texas . Form -- 110 - "-,' ~'.~-'~~---~~ _._,--- ---- --.....,..----- -. ., OF NORTH' . ¥ILLS, ,TEXAS, ' ; '.... ", ' ...; . .Stc'l'lPN1. ':"; , "nEFt~, '.' .,', 1. "Bookmaki~' as used her- ein sIiaR·haVe 'tbemeàrûng . '88êribetf IØ1d given~ ty' ~le ,"Ø62a ,óf thè Pénà1"Codê ót:tbe,' , St,ate.of Texas. " ' 2,"8øøktnaki..rècords" shan , ,',. - . . mean anY..,IWritt'én, printed.' :.'race;o.f any _ What,. . .~.ötherWise produeèd'or.. ~.\ a~, ' . 'r~ lists õf,pet'SOPS' ban, game. baSk g8ln~ . names. tå .qe ort!CmØìuni- ·hOCkey. game. .aøeçer- g&me, c!ition rrì events atb1et\è conteSt or spòdS 'èÎlent upon w s may be of what~érkii1d,()1.' diaractèr. . placesot loea· shall ~ guiltJ ohm1s4ëmean- . events, slips, '01'. A person, in po~ of 'Usts . or infonna- bòokmaking records ,_pre. , telams, oraný surned to know the ...e, other item., qr thing character, _~8IJd pì'øS- used 'for . record 'pective,_cil~'" . keepiné, , h records ' ' SECTIQN 3; be in 'Ø or ~ect.and inPENAtTY FOR. ' . whatev~r l~uagè. It is not nON. the intentiOn ,of this section to Nr'l" prohi'Wt. . the . p6ssessionof ¡fig any . ' .' commercialy produced news- ed' sl\alJ'be 'ggU~y of a , papers, 'Qédules or lists meanœand,'upœ. CQÐYiétiøn. · which - havt been altered sball be,pUÞittb«t'by a:finéœt frOm ori~. d . for used'as to.' HUNÐ'IŒD b99kmalöng . by' the '00 ARS' . ' · additìÓl} thtn-eto or wagering " '. ~. ~""" r\M Å~~SE ' · ~',names, locations, ,¡'JAcy .u.~'-I \A,01J odds¡ '- - à'ddresses, tel~hòne ,1f any ,sécµon. par,agrapb," ~~~bØøg or ~:~ :d:r:Jf:':nyo.r: 3. ,~~~, ~m.eanson to be invalid, it i~tb'frht' navlttg'.'PY 'J\iè1t recoÍ'tfs on or tent of .~the "about the peI1Qn or lnany veh- City of N , Hills, icle orpremjseS, house or Texas, that it would have pas- structureund,er the control of sed all other portiqns. of this or occupied by such person. Ordirian::e independent of tb.e · whether such' Ð' is, the fij,nµnatipn'o'I,' owner'~ereòfJ. such whole Y , ',,' S ' : ! that portion declared ,to be .' ' pOSSESSION OF invalid BookMÁKING RECORDS, ' SECTION 5, REPEAL WhbSóevè1' sball possess, ex· NG cept for evidence pín'pQ~St . ,FS document" ~e; list, slip or This Otditlancè hereby r~s , ,. kind or charac- and supércedes al1J .,' and '. all ", «:wlÎ<:h is de$Ìgned prior Ql.'dtnances passèdby' the for the" ed 'for Í'~ City CQUÌtéil 'oftt1e" City of ording or· ' ,'. any North Jti Hin$~cern- making, pi' or'" of'li"I1Øß, ," ' .".,,;Mif....,' ," tbat, ..' ",may be any bet ór ·òf, moiley",or _.. anything of value. OD8 líòrse DEcLARING race, dog race, autorií()bil~ ' ' GENCY, ' race, motorcycle ~ae~~ .Gl' any Du.eto 'tbè:nec~';of the -------~-~.~- -------~~ , ~. r...... , duè tt. tM of the ,e$JenCè " am th.such contròts'... needtd: immediately aDd SÛcll ~ . is, . for ,the ben~i1, and gena'aloiel.are of the ,cltl- zens of North RichJ.~ øu~ ÎØ ønergency is ~..«I. Jp ,Order that this Ordinanèe, ~ take effect upon appM'al Ii· the City CoIinCil on first read- iÍ1g and aft~ publicaUon' ~ preScribed by law. ,: PASSED, APPROVEDANþ ADOPTED this 25th, day ~' - October; 1971. , ~&-MARION L. MASSE)' MAY~ , ATTEST: , .'.ÐONNA PAIRSH 'ern'sEcRETARY APPROVED AS TO FORM 'AND· LEGAUTY: Dennis ( . , CITY Ii: M;C.~¡l\f~ Ü!gal No" 6766 t'ubUsheØll:,~71 . .1 I