Jgoodson: 1 revision imported

2026-10-14T02:12:58Z

1 revision imported

← Older revision	Revision as of 21:12, 13 October 2026
(No difference)

code>Jerry A. Goodson: Created page with "=ORDINANCE NO. 2011-03= AN ORDINANCE OF THE CITY OF HAWK COVE, TEXAS, ESTABLISHING REGULATION RELATING TO ALCOHOL; PROVIDING DEFINITIONS; PROHIBITING CONSUMPTION OF ALCOHOLIC BEVERAGES, ON ROADWAYS; PROHIBITING OPEN CONTAINER ON ROADWAYS, PROHIBITING OPEN CONTAINERS ON PROPERTY NEAR SCHOOLS; ESTABLISHING A PENALTY; ESTABLISHING INJUNCTIVE RELIEF; PROVIDI NG PROVIDING A SEVERABILITY AND REPEALER CLAUSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Hawk Cove, Texa..."

2026-06-05T13:21:18Z

Created page with "=ORDINANCE NO. 2011-03= AN ORDINANCE OF THE CITY OF HAWK COVE, TEXAS, ESTABLISHING REGULATION RELATING TO ALCOHOL; PROVIDING DEFINITIONS; PROHIBITING CONSUMPTION OF ALCOHOLIC BEVERAGES, ON ROADWAYS; PROHIBITING OPEN CONTAINER ON ROADWAYS, PROHIBITING OPEN CONTAINERS ON PROPERTY NEAR SCHOOLS; ESTABLISHING A PENALTY; ESTABLISHING INJUNCTIVE RELIEF; PROVIDI NG PROVIDING A SEVERABILITY AND REPEALER CLAUSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Hawk Cove, Texa..."

New page

=ORDINANCE NO. 2011-03=
AN ORDINANCE OF THE CITY OF HAWK COVE, TEXAS, ESTABLISHING REGULATION RELATING TO ALCOHOL; PROVIDING DEFINITIONS; PROHIBITING CONSUMPTION OF ALCOHOLIC BEVERAGES, ON ROADWAYS; PROHIBITING OPEN CONTAINER ON ROADWAYS, PROHIBITING OPEN CONTAINERS ON PROPERTY NEAR SCHOOLS; ESTABLISHING A PENALTY; ESTABLISHING INJUNCTIVE RELIEF; PROVIDI NG PROVIDING A SEVERABILITY AND REPEALER CLAUSE AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Hawk Cove, Texas ("City"), is a Type A general-law municipality, pursuant to Section 6.011 of the Texas Local Government Code, and city Ordinance adopted April 13, 2000; and
WHEREAS, the City Council of the City of Hawk Cove, Texas ("City Council") desires to preserve and maintain quality of life of the residents of the City; and
WHEREAS, pursuant to Texas Local Government Code, Section 51.001, the City council is authorized to adopt an ordinance that is for the good government, peace or order of the City and is necessary or proper for carrying out a power granted by law to the City; and
WHEREAS, pursuant to Texas Local Government Code, Section 51.012, the City Council is authorized to adopt an ordinance, not inconsistent with state law, which the City Council considers proper for the government, interest, welfare or good order of the City; and
WHEREAS, the City has authority pursuant to the Texas Transportation Code Sections 311.002, to regulate streets with the City's jurisdiction; and
WHEREAS, the City has authority pursuant to the Texas Alcoholic Beverage Code, Section 101.075, to prohibit possession of an open container on property near schools within the City; and
WHEREAS, the City desires to adopt rules, regulations and policies under the authority granted pursuant to State law establishing restrictions on the consumption and possession of alcohol within the City; and
WHEREAS, the City Council of the City of Hawk Cove, Texas ("City Council"), has determined that it is in the best interest of the health, safety and general welfare of the public to adopt regulations related to alcohol consumption and possession in public places in the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HAWK COVE, TEXAS:
Section 1. FINDINGS INCORPORATED
The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein.
Section 2. ADOPTION OF REGULATIONS
The City Council hereby adopts the following regulations relative to "Alcohol".
Sec. 1.00 Violations.
The chief of police or other police officers of the city or any peace officer within the limits of the city may arrest, without warrant, any person who violates the terms of this article and the officer or person making the arrest is justified in adopting all of the measures which he might adopt in cases of arrest under warrant; provided further that, in all cases of arrest without warrant, the officer making the arrest shall immediately take the person arrested or have him taken before the nearest or most accessible magistrate ha ving jurisdiction.
Sec. 2.00 Definitions.
For the purposes of this Ordinance, the following words and phrases shall have the meanings respectively ascribed to them by this Ordinance.
Alcoholic Beverage: means alcohol, or any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted.
City: means the City of Hawk Cove, employees or any authorized representative of the City.
Open Container: means an alcoholic beverage container that is no longer sealed.
Public Property: means any lot, tract, parcel of land or a portion thereof, occupied or unoccupied, improved or unimproved, that is not privately owned, within the corporate limits of the City.
Roadway: means any street, alley, parkway, sidewalk or gutter.
All terminology used in this Ordinance and not specifically defined above, shall retain its meaning in conformance with the latest volume of Webster's Collegiate Dictionary.
Sec. 3.00 On streets.
It shall be unlawful for any person to consume any alcoholic beverage or have an open container on any roadway in the city.
Sec. 4.00 Consumption of Alcoholic Beverages near schools.
(a) A person commits an offense if the person possesses an open container or consumes an alcoholic beverage on a public street, public alley, or public sidewalk within 1,000 feet of the property line of a facility that is a public or private school, including a parochial school that provides all or any part of prekindergarten through twelfth grade.
(b) This section does not apply to the possession of an open container or the consumption at an event duly authorized by appropriate authorities and held in compliance with all other applicable provisions of state law.
Sec. 5.00 Exceptions.
This Ordinance does not prohibit the possession of an open container or the consumption of alcoholic beverages in buildings, not owned or controlled by the municipality, residential structures, or licensed premises located in the area of prohibition. Consumption of Alcoholic Beverages may be allowed at the park with exception of glass containers.
Sec. 6.00 Penalty.
Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceed Five Hundred Dollars ($500.00). A separate offense shall be deemed committed upon each day during or on which a violation or failure to comply occurs or continues to occur. Unless otherwise required by law, allegation and evidence of a culpable mental state is not required for the proof of an offense defined by this Ordinance.
Section 3. SEVERABILITY CLAUSE
If any section, article, paragraph, sentence, clause, phrase of word in this ordinance or application thereof any person or circumstances is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of this ordinance despite such invalidity, which remaining portions shall remain in full force and effect.
Section 4. REPEALER CLAUSE
Any provision of any prior ordinance of the City whether codified or uncodified, which are in conflict with any provision of the Ordinance, are hereby repealed to the extent of the conflict, but all other provisions of the ordinances of the City whether codified or uncodifided, which are not in conflict with the provisions of this Ordinance, shall remain in full force and effect.
Section 5. EFFECTIVE DATE
This ordinance shall become effective, and be in full force and effect, from and after the date of its passage, and it is accordingly so ordained.
PASSED, APPROVED, AND ADOPTED THIS 14th DAY OF JULY 2011.

[[ CATEGORY: HAWK COVE ]] __NOTOC__

Hawk Cove:Ord 2011-03 - Revision history

Jgoodson: 1 revision imported