HomeMy WebLinkAboutPO 5892: DECORUM, DISTURBANCES AND/OR REMOVAL/CITATION OF PERSON(S)interoffice
MEMORANDUM
To: Mayor, City Council,. and City Manager
From: Mark T. Sokolow, City Attorney /~jf,,,~( ~(,,p.QQh/
Date: May 29, 2008
Subject: P. O. No. 5892 - June 3, 2008 Council Meeting
Attached is P. O. No. 5892 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
ordinance removes the changes as approved by Ordinance No. 08-08.
(Requested by Mayor Prince)
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Attachment
z.po5692.memo
P. O. No. 5892
05/29/08 is
ORDINANCE NO.
AN ORDINANCE 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) (REQUESTED BY
MAYOR PRINCE)
WHEREAS, per Ordinance No. 08-08, Section 2-76 was amended as
it pertains to the enforcement of decorum:
"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 persea 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.
(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 or until the council
person is prepared to abide by the Rules of Procedure, as
adopted by the city council.
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(d) Resisting removal. Any person who resists
removal by the sergeant-at-arms shall be charged with
violating V.T.C.A., Penal Code 5 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."
;and
WHEREAS, the Council desires to amend Section 2-76 of the Code
of Ordinances as follows:
"Sec. 2-76. Enforcement of decorum ad^`••-'^-^^-- --~~--
(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 person - ^-~•^- -° "•^ -•••''' ~ ^
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.
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(d)(c) Resisting removal. Any person who resists
removal by the sergeant-at-arms shall be charged with
z.po5892
violating V.T.C.A., Penal Code § 42.05.
(d) 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."
NOW THEREFORE, BE 2T 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.
(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 person 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.
(c) 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.
(d) 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.
z.po5892
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 5. 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.:
MAYOR
ATTEST:
ACTING CITY SECRETARY
APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
CITY MANAGER
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