2081 ORD PROVIDING CODE OF ORDINANCES BE AMENDED BY ADDING NEW CHAPTER

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Section -3. Consumption on public street, sidewalk, park or alley prohibited. The drinking of any alcoholic beverage on any public street, sidewalk, park or alley, within the corporate limits of the City, is unlawful and is pro- hibited. The throwing of any opened container of the type generally used for alcoholic beverages from or out of any vehicle shall be prima facie evidence that the occupants thereof were then and there drinking alcoholic beverages in violation of this section. Section -4. Violations of chapter. Any person who violates any provision of this chapter, or who allows, on premises covered by his license issued under this chapter, any person to do the things prohibited by this chapter, shall be guilty of a misdemeanor and, upon conviction, shall be fined in any sum not to exceed $200.00. Each day such vio- lation continues shall be a separate offense. Any room, building, structure or place of any kind where alcoholic beverages are sold, bartered, stored, possessed or consumed in violation of this chapter or the Texas Liquor Control Act, or under conditions and circumstances contrary to the purposes of this chapter or the Liquor Control Act is hereby declared to be a common nuisance, and any person who maintains or assists in maintaining or permits the violation of this chapter or the Liquor Control Act shall be guilty of a violation of this chapter. Action may be main- tained by the city to abate an d enjoin such nuisance." Section 2. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinaxlce are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional or invalid by the vali d judgment or decree of any court of competent juris- diction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incor- poration in this ordinance of any unconstitutional or invalid phrases, clauses, sentences, paragraphs or sections. Section 3. Al1 ordinances or parts of ord.inances in conflict herewith are hereby expressly repealed. Section 4. This ordinance shall become effective on April 1, 1972. Passed and adopted this 13th day,/ of March, 1972. ~ ATTFST : W. Farris, Mayor ~ : • H. C. Gr6ene, City Clerk AP VED S O FORM : T. . Ha nes City Attorney