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HomeMy WebLinkAboutPO 5832: ENFORCEMENT OF DECORUM, DISTURGANCES AND/OR REMOVAL/CITATION OF PERSON(S)interoffice MEMORANDUM To: Mayor, City Council, and City Manager From: - Mark T. Sokolov, City Attorney ~(1,,..~ Sy~iea.-~ Date: January 10, 2008 Subject: P. O. No. 5832 - January 15, 2008 Council Meeting Attached is P. O. No. 5832 amending Section 2-76 of the Code of Ordinances as it pertains to the enforcement of decorum, disturbances,, and/or removal/citation of person(s). This was requested by Councilmember Lewis. MTS:gt Attachment z.po5832.memo P. O. No. 5832 01/10/08 gt ORDINANCE N0. AN ORDINANCE. AMENDING-SECTION 2-76 OF THE CODE OF ORDINANCES AS IT PERTAINS TO THE ENFORCEMENT OF DECORIIM; DISTIIRBANCES, AND/OR. REMOVAL/CITATION OF PERSON(S) (REQIIESTED BY COIINCILMEMBER LEWIS) WHEREAS, the :City Council desires to amend Section of the Code of Ordinances. as it pertains to the enforcement of decorum. NOW THEREFORE., BE IT ORDAINED BY THE CITY COIINCIL OF THE CITY OF PORT ARTHIIR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That Section 2-76 of the Code of Ordinances is hereby amended as follows: "Sec. 2-76. Enforcement of decorum, disturbances, and/or removal/citation of person(s). (a) Warning. All persons shall, at the request of the presiding office, be silent. (b) Removal. If, after receiving a warning, from the presiding officer, a sea a member of the public persists in disturbing the meeting, such officer may order him to remove himself from the meeting. If he does not remove himself, the presiding officer may order the sergeant-at-arms to remove him. The Chief of Police, or such members of the Police Department as the presiding officer may designate, shall be sergeant-at-arms of the council meetings. He, or they, shall carry out all orders, and. instructions given by the presiding officer for the purpose of maintaining order and decorum at the council meeting. .Upon instruction of the presiding officer, it shall.be the duty of the sergeant-at-arms to remove. from the meeting any person who intentionally disturbs the proceedings of the council. , z.po5832 µ (c) If after receiving a warning from the presiding. officer, a ~councilmember persists in disturbing the meeting, the presiding officer shall recess the meeting or refer the matter to the city council as to the penalty to be imposed by a majority vote of the council,- which can include removing the member from council chambers during the remainder of the meeting of until the council person is prepared to abide by the Rules of Procedure, as adopted. by the city council.. (d) Resisting removal. Any person-who resists removal by the sergeant-at-arms shall be charged„with violating V.T.C.A., Penal Code § 42.05. (e) Motion to enforce. Any councilmember may move to require the presiding officer to enforce this division, and the affirmative vote of a majority of-the council shall require him to do so." Section 3. That a copy of the caption of this Ordinance be spread upon the Minutes of the City Council. Section 4. That the caption of .this Ordinance and its penalty shall be published in the City's official newspaper at least one (1) time within ten (10) days after passage thereof. Section 6. That this Ordinance shall take effect ~immediately after-the date of publication. READ, ADOPTED AND APPROVED on this day of A.D., 2008, at a Council Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor City Council NOES:. z.po5832 t MAYOR ATTEST:. ACTING CITY SECRETARY APPROVEDYAS TO FORM: ~~ ~~~~ CITY ATTORNEY APPROVED FOR ADMINISTRATION: CITY MANAGER s z_po5832 ~ - '~ '