HomeMy WebLinkAboutOrdinance 0053
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ORD I NANCE NO. -" '..-
AN ORDINANCE REQUIRING ALL PERSONS HERETOFORE OR HEREAFTER
PERFORMING ANY KINO OF NIGHT WATCHING, PATROL, OR ANY
OTHER KIND OF WATCHING SERVICE WITHIN THE MUNICIPAL
LIMITS OF NORTH RICHLAND HILLS, TO OBTAIN A LICENSE
AUTHORIZING THE PERFORMANCE OF SUCH SERVICE: REQUIRING
A BOND; PROVIDING FOR PENALTIES; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
Section 1. From and after the passage of this ordinance
and its publication it shall be unlawful for any person or group of
persons to perform any type or character of watching service, whether
the same be designated as a night watch service or night patrol, or
by any other designation, unless such person shall have first obtained
a license from the City Counci 1 authorizing the performance of such
service. Such license shall only be granted upon application and in
form as prescribed by the City Council, and accompanied by a filing
fee of $25.00 for the purpose of deferring cost of making such inves-
tigation as the City Counci 1 shall deem necessary in passing upon such
a~lication and in either granting or denying the application, and
no part of said fee shall ever be returned to the applicant. Among
other things said application shall set forth:
(1) The name and address of the applicant;
(2) The place or places and length of time that the applicant
has resided in each such place during the last 25 years;
(3) Applicant's age;
(4) A statement of how the applicant has been employed and the
names of his employers during each year for the last 15 years;
(5) A statement of applicant's experience in the performance of
the type of watching service in which applicant proposes to engage;
(6) An exact statement of the type and character of service
which the applicant proposes to render;
(7) A statement of the faci lities which the applicant has
available for such service;
(8) If applicant has been engaged in the type of service pro-
posed to be rendered at any time during the past 10 years, or any
type of police work or as a law enforcement officer, applicant shall
attach letters of recommendations from those by whom he was employed
during the past 10 years; and,
(9) Any and all other and such further matters as the Counci 1
may prescribe, whether specifically shown herein or not.
The counci 1 shall be under no obligation to grant any appli-
cation and to authorize any person to perform any such service, the
grant or denial of any such application being within the exclusive
discretion of the Counci 1.
Section 2. Any person to whom the City Counci 1 may issue
such license may collect, on an exclusively voluntarily basis and by
individual agreement with property owners or other residents, such
fees as the City Counci 1 may hereafter prescribe as maximum for the
type of service, which the applicant proposes to render and which
service shall be distinctly specified in the license issued to any
applicant. Issuance of a license shall create no liability on the
part of the City, and the City shall not be obligated in any respect
to the holder of such license for the collection of any fees, nor the
payment of any fees or sums of money whatsoever. The license so
issued shall require the applicant to perform the type of service
specified in the license, shall authorize the licensee to contract on
an individual basis with individual property owners and residents of
the city on the basis of the fees hereafter prescribed as maximum.
The issuance of such license shall never obligate the City in any
respect whatsoever.
Section 3. Any license issued under the provisions hereof
may be cancelled at the exclusive discretion of the Council, with or
without cause, upon 30 days notice to the licensee.
Section 4. Before any such license is issued, the applicant
shall be required to file with the City Secretary a bond in the penal
sum of $10,000.00 payable to the City of North Richland Hills for the
use and benefit of the public generally, and upon which any member of
the public suffering damages at the hands of the licensee may maintain
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suit without joining the City as a party thereto, and the condition
of such bond shall be for the faithful performance of the duties and
obligations of the licensee as specified in the license and for the
faithful observance by said licensee of all laws of either the City,
the State, and of the United States.
Section 5. Such license shall not authorize the licensee
to carry firearms or other weapons, and it shall be unlawful for such
licensee to carry such firearms or other weapons unless such licensee
is authorized to do so by reason of some provision of State law under
which the licensee has so qualified.
Section 6. Any person guilty of violating any of the pro-
visions of this ordinance shall be subject to a fine of not less than
$25.00 nor more than $200.00, and each day of such violation shall
constitute a separate offenle.
Section 7. The provisions hereof are severable, and if any
section, subsection, sentence, clause or phra~e of this ordinance
should be declared unconstitutional for any reason, then all of the
other provisions hereof shall remain in full force and effect, and
the City Council hereby declares that it would have enacted all other
provisions of this ordinance without respect to any such section,
subsection, sentence, clause or phrase which may be held to be uncon-
stitutional.
Section 8. The rendition by any person or persons of any
form of watching service or night patrol service where use is made
of the City streets or any public way within the City, howsoever such
service is described, is hereby declared to be a business affected
with the public interest and subject to all of the regulations herein
described.
Section 9. The fact that the City does not have an established
police force and that some form of night watching service is desirable,
and the further fact that several persons are now undertaking to
render some type of night watching or night patrol service, and that
competitive jealousies exist between such persons which could lead to
serious difficulties, creates an emergency and an imperative pUblic
necessity that any requirement that ordinances be read on three
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several days be suspended and any such requirement is hereby suspended
and this ordinance shall take effect from and after its passage and
publication.
PASSED AND APPROVED this
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day of .Jeiy, 1959.
APPROVED:
ATTEST:
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BILL PERRY,
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