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OR 93-585 Creating an offense for stalking another person ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 93585 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING CHAPTER 9 OF THE CODE OF ORDINANCES OF THE CITY OF COPPELL BY ADDING ARTICLE 9-16; DEFINING TERMS; CREATING AN OFFENSE FOR STALKING ANOTHER PERSON; PROVIDING FOR A PENALTY NOT TO EXCEED FIVE HUNDRED ($500.00) DOLLARS FOR EACH OFFENSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. Amending Chapter 9 of the City Code of Ordinances of the City of Coppell, Texas. Chapter 9 of the Code of Ordinances of the City of Coppell is hereby amended by adding a new Article 9-16 as follows: "Article 9-16 - Stalking. (a) Any person who willfully, maliciously, and repeatedly follows or harasses another person and who makes a credible threat with the intent to place that person in fear of bodily injury, serious bodily injury, or reasonable fear of death is guilty of the offense of stalking. (b) For the purposes of this section, 'Harasses' means a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys or harasses a person, and which serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer a substantial emotional distress, and must actually cause substantial emotional distress to the person. 'Course of conduct' means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning "one single course of conduct." (c) For the purposes of this section, "a credible threat" means a threat made with the intent and the apparent ability to carry out the threat so as to cause the person who is the target of the threat to reasonably fear for his or her safety. The threat must be a threat to cause "bodily injury" to such person as such term is defined in Section 1.07 of the Texas Penal Code, as amended." SECTION 2. Repealing clause. All parts of ordinances, inconsistent or in conflict with provisions of this ordinance, are hereby repealed. SECTION 3. Severability clause. If any article, paragraph or subdivision, clause or provision of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the parts so decided to be invalid or unconstitutional. SECTION 4. Penalty clause. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by penalty of fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense, and each and every day such offense is continued shall constitute a new and separate offense. SECTION 5. Effective date. This ordinance shall take effect immediately from and after the publication of its caption as the law in such cases provides. ,DULY PASSED by the City Council of the City of Coppell, Texas, this 2~, day of ~ ' ~ ~ .... ~t ~ ,,~ , 1993. APPROVED: f ./ A'I'rEST: CITY SECRE/ARY APPROVED AS TO FORM: CITY A'FFORNEY (BAS/bk 11-16-92) AGG034D8