HomeMy WebLinkAboutOrdinances (O-73-115)-03/20/1973
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VOL (.,.Iq '... PAGE " lTr, L
V vLUME
CITY OF' COLLEYVILLE, TEXf:.SPAGE-2.L
TARRANT COUNTY
ORDINANCE NO. C-73-1151
1.1.50
AN ORDINANCE Ei\.TGNG THE POSSESSION OF BOOKHAKING
RECORDS UNIAvIFUL: DEFINING CERTA IN TERNS: PROVID-
ING A SEVERABILITY ClAUSE: PROVIDING A SAVING
CTAUSE: PROVIDING A PENALTY: AND PROVIDING AN
EFFEGrIVE DATE AND DECIARIKG AN EI,lERGENCY.
BE IT OIl'DAII\TED BY TI-IE CITY COU1\JCII-I C,p THE CITY
OF COLLEYVILLE, TEXAS:
I.
Possession of Booleillaleing Records:
It shall be unlawful for any person to possess, keep, main-
tain, or have in his custody or under this control, except for pur-
poses of evidence of vlo1at ion of any lavJ or ord inance, any boole-
fIlaleing records. Any person in possession of such record is presuIned to
Imo~] the nature, character, and past B.nd prospective use of same.
II.
~IJhenever in this ordinance the follmJing terms are used,
they shall have the meanings respectively ascribed to them in this
Section.
(1) The term 'boo!cmaking' in Sec. I shall have that meaning
prescrited by Article 652a of the Penal Code of the State of Texas
and shall encompass the term 'pursuing the bus iness of boolcmaking,'
as same is defined ty Article 652a of the Penal Code of the State of
Texas.
(2) The term 'recore'll in Sec. I shall mean and shall include,
by TJlay of example but not limitation, any paper, document, file,
TJJriting, list, slip, check, memorandum, material, paraphernalia, -.......
evidence of wager, or record of any !eine'l or character whatever, which
represents or is designed or intended for the use of, or is used for
record ing or d.ocumenting any maleing, placing, taleing, settling, pay-
ing, registering, evidencing or recording the result 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 leind whatso-
ever; any trial or contest of s lcill, speed, pQ'{I]er or end urance of
man, beast or machine; a football game, baseball game, bas!eetball,
game, hoc Icey game, socc er game, athlet ic contest, or sports event
of whatsoever Irind or character.
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Ordinance No. 0-73-11S 6()OO 4.Q~)
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"Such record shall also mean and shall also include,
ty way of example but not limitation, any written, printed,
typed or otherwise produced or reproduced list of names of
persons, telephone or communication media numbers, events
upon which wagers may be placed, times, places or locations of
such events, slips, lists or information letters of oddsma!cers,
telegrams, or any other item, object or thing used for book-
making record lceeping, Hhether such records be in code or un-
coderl, and j.n any language v.rhatsoever. Such record shall not
include any commerCially produced nSVlspaper, schedule or list which
has not been altered from original form for use as boolcmaking
records by the ad.d ition thereto of vlagering information, names,
locations, odds, addresses, telephone numbers, or other gamtlin~
or boo!cmaJeing notations.
(3) The term 'posseSSion' in Sec. I shall mean the
having or the holding of or the controlling of any such record
on or about the person, or in any vehicle or premises, house or
structure, and shall encompass the term 'to possess' in Sec. I."
III.
(
That it is hereby declared to be the intention of the
City Council that the sections, paragraphs, sentences, clauses
and phrases of this Ordinance are severable, and. if any phrase,
clause, sentence, paragraph or section of this Ordinance shall te
declared void, ineffective or unconstitutional by the valid judge-
ment or final decree of a court of competent jurisdiction, such
voidness, ineffectiveness or unconstitutionality shall not affect
any of the remaining phrases, clauses, sentences, paragraphs and
sections hereof, since the same would have been enacted by the
City Council without the incorporation herein of any such void,
ineffective or unconstitutional nhrase, clause, sentence, paragraph
or section.
IV.
That any person, firm, association of persons, company
or corporation or their agents, servants or employees who violate,
disobey, omit, neglect or refuse to comply with any provision of
this ordinance shall be punished ty a fine of not exceeding two
hundred dollars (200.00), and each day that a violation exists is
herety declared to be a distinct and separate offense a,nd punish-
able as such.
The fact th,'3.t the Cit.V of Ccl1e,yvil1e is in neeo of the orc} j.nance and
this creates an emergency and irnnerative necessity requiring the
suspension of any rule that requires that ordinances should-te read
at two separate meetings of this Council and such rule is herety
sus])enr)ec1 and this orcl inance shall te effective from and after lts
passage and putlication as required ty la~.
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VOL 6~~02 P/\GF.43!..:,
Ordinance 0-73-115
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That this ordinance shall tecome effective and be in
full force and effect from and after its Dassage and ..E.ubli~ation as
required ty law, and it is so orzed.; -"t.
APPROVED THIS :z 0 day of 71/{~1...i2 , 1973 ,....,
:llLGt'oz{~
1>'1. ~LD'(jISE RAl'lEY , City
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" "'Ii ;"'A'PPROVED AS TO F'Om~ AND LEGALITY:
RICIMRD GOODNER, City Attorney
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