City Updates Ordinance

The Van City Council voted to update one and add four ordinances to the city books Thursday night during their regular meeting. An ordinance regulating curfews for minors was updated and ordinances regarding panhandling, graffiti and alcoholic beverages in public places were all added to the city’s code.

"The curfew ordinance was old and had an expiration date. It was time for it to be reviewed and revised," said Van City Administrator Gary McDaniel.

"The other ordinances where ones the police chief felt that we needed to have on the books and the council agreed," said McDaniel.

The ordinances read in part as follows:

-Curfew for Minors, "whereas, the City Council has determined that there has been an increase in juvenile violence, juvenile criminal activity and an increase in crime by persons under the age of 17 in the City of Van; and a curfew for those persons under 17 years of age will be in the interest of the public health, safety and general welfare and will help to attain the foregoing objectives and to diminish the undesirable impact of such conduct on other citizens of the City of Van".

The ordinance continues by stating, "it shall be unlawful for any child under the age of 17 to knowingly remain, walk, run, stand, drive or ride about, in or upon any public place in the city between the hours of 11:00 p.m. and 5:00 a.m. for such periods that begin on a Sunday, Monday, Tuesday, Wednesday or Thursday.

"It shall be unlawful for any child under the age of 17 to knowingly remain, walk, run, stand, drive or ride about, in or upon any public place in the city between the hours of 12:00 a.m. and 5:00 a.m. on Saturday or Sunday (times after midnight on Friday and Saturday).

"It shall be unlawful for the parent or guardian having legal custody of a minor to knowingly allow or permit the minor to be in violation of the curfew imposed by this ordinance".

The ordinance also states, " it is a defense to prosecution under Section 3 of this ordinance that: the minor was accompanied by his or her parent or guardian; the minor was accompanied by an adult designated by his or her parent or guardian; the minor was on an errand made necessary by an emergency; the minor was attending a school, religious, or government sponsored activity or was traveling to or from a school, religious, or government sponsored activity; the minor was engaged in a lawful employment activity or was going directly to or coming directly from lawful employment; the minor was on an errand directed by his or her parent or guardian".

"Any person violating a provision of this ordinance shall upon conviction be punishable by a fine not to exceed $500.00".

-Ordinance prohibiting panhandling, "whereas the City of Van Police Department has received numerous complaints concerning individuals soliciting money and other complaints received involving individuals approaching residents of the City of Van at their homes after dark and whereas, many complaints concern solicitations for money by individuals in public areas and whereas many citizens have expressed concern for their safety when approached by the persons soliciting money now therefore, be it ordained by the city council or the City of Van that,……"

"For the purposes of this section, panhandling is any solicitation made in person requesting an immediate donation of money, transportation, employment or thing of value. Panhandling includes the purchase of an item or service under circumstances where a reasonable person would understand that the purchase is in substance a donation".

"Any person who panhandles anytime day or night is guilty of a Class C misdemeanor. Any person who panhandles in any public area or any public roadway is guilty of a Class C misdemeanor. Any person who panhandles in any of the following manners is guilty of a Class C misdemeanor:

-by blocking the path or the person solicited along a sidewalk or street; by following a person who walks away from the panhandler; by using profane or abusive language, either during the solicitation or following a refusal; or by any statement, gesture, or other communication which a reasonable person in the situation of the person solicited would perceive to be a threat".

"Not withstanding the provisions of sections 3 and 4 and, as authorized by section 552.0071 of the Texas Transportation Code (2005) a person or persons shall be authorized to stand in the roadway to solicit a contribution to an organization defined as charitable by the standards of the United States Internal Revenue Service if the person or persons to be engaged in the solicitation are employees or agents of the City of Van, Texas".

"Any person violating this ordinance, and upon conviction shall be punished by a fine not to exceed $500 for each offense".

-ordinance regarding graffiti, "The city council is enacting this ordinance to help prevent the spread of graffiti vandalism and to establish a program for the removal of graffiti from public and private property".

"It shall be an offense for any person to apply graffiti to any natural or man-made surface on any city owned property or without the permission of the owner or occupancy on any non city owned property".

"Any person violating the provisions of this ordinance shall be deemed guilty of a misdemeanor or felony as set forth in the Texas Penal Code. In the case of a minor, the parents or legal guardian shall be jointly and serially liable with the minor for the payment of all fines".

-ordinance regarding alcoholic beverages, "It shall hereafter be unlawful to drink, consume or possess for the purpose of drinking or consuming any alcoholic beverage on any public street, alley, city park, city lake or parking lot within the city limits or on city property".

"Any person convicted of violating any provisions of this section shall be punished by a fine of not less than $150 or more than $500".