Ord. 1445 2011-03-28 - Supp 5ORDINANCE NO. 1445
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING
ARTICLE I, IN GENERAL, OF CHAPTER 20, OFFENSES AND
MISCELLANEOUS PROVISIONS, OF THE CITY OF PEARLAND CODE
OF ORDINANCES, FOR THE PURPOSE OF DEFINING CERTAIN
TERMS; MAKING IT UNLAWFUL TO PROTEST WITHIN 1000 FEET OF
FUNERAL SERVICES. PROVIDING PENALTIES FOR VIOLATIONS OF
THE ORDINANCE; REPEALING ORDINANCES OR PART OF
ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR
PUBLICATION, CODIFICATION AND AN EFFECTIVE DATE
PROVIDING A SEVERABILITY CLAUSE.
WHEREAS, the Mayor and City Council of the City of Pearland, Texas, are deeply
concerned about the numerous and recent occurrences in our state and elsewhere,
where protests have been occurring at funerals; and
WHEREAS, the Mayor and City Council of the City of Pearland, Texas, find such
protests to be extremely disrespectful to the families of the deceased; and
WHEREAS, the City Council has the utmost respect, appreciation and admiration for
the people of their community; and
WHEREAS, the Mayor and City Council of the City of Pearland, Texas desire to
establish a policy which provides maximum protection for the families of the deceased;
and
WHEREAS, no protest of a deceased individual may take place within 1000 feet of a
funeral ceremony for the deceased individual; and
WHEREAS, the laws of the State of Texas, including those found in Chapter 51 of the
Texas Local Government Code provide the City authority to adopt ordinances for the
good government, peace order and welfare of the municipality;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS:
Section 1. That Article I, In General, of Chapter 20, Offences and Miscellaneous
Provisions, of the City of Pearland Code of Ordinances, is hereby amended to read as
follows:
Sec. 20 -16. Funeral Protests
"ARTICLE I
IN GENERAL
(a) It is the intent of this ordinance to serve the city's compelling interest to promote,
protect and improve the health, safety and welfare of the citizens of the City by
creating areas around locations where Military, Fire Fighters, Police, Emergency
Medical Service Personal, and any and all First Responders funerals are taking
place to provide a safe and quiet area for families to mourn their loss.
(b) It shall be unlawful for any person to participate in a public protest if such protest
is within 1000 feet of any funeral ceremony within the City of Pearland.
(c) For the purpose of determining the minimum distance separation hereunder, the
1000 foot distance requirement shall be measured by following a straight line
from the outer property line of the property where the funeral service is taking
place.
(d) Any person who violates this ordinance shall be guilty of a misdemeanor, and
upon conviction thereof shall be punished by a fine not to exceed FIVE
HUNDRED AND NO /100'S DOLLARS ($500.00)."
Section 2. Savings. All rights and remedies which have accrued in favor of
the City under this Ordinance and amendments thereto shall be and are preserved for
the benefit of the City.
Section 3. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise
unenforceable by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the
validity of the remaining portions thereof.
D., 2010.
ATTEST:
Section 4. Repealer. All ordinances and parts of ordinances in conflict
herewith are hereby repealed but only to the extent of such conflict.
Section 5. Codification. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's
official Code of Ordinances as provided hereinabove.
Section 6. Publication and Effective Date. The City Secretary shall cause
this Ordinance, or its caption, to be published in the official newspaper of the City of
Pearland, upon passage of such Ordinance. The Ordinance shall then become
effective ten days, after its publication, or the publication of its caption, in the official City
newspaper.
PASSED and APPROVED ON FIRST READING this the 14 day of March, A.
TOM REID
MAYOR
PASSED and APPROVED ON SECOND AND FINAL READING this the 28 day
of March, A. D., 2010.
ATTEST:
Y(4 NG v► I G,
Y S r RETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOVRE D
MAYOR
VOTING RECORD SECOND AND FINAL READING
MARCH 28, 2011
Voting "Aye" Councilmembers Owens, Saboe, Sherman
Kyle, and Thompson.
Voting "No" None.
Motion passed 5 to 0.
PUBLICATION DATE: March 30, 2011
EFFECTIVE DATE: April 8, 2011
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS