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HomeMy WebLinkAboutORD 1991-006 ORDINANCE NO. 91-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AMENDING THE GRAPEVINE '�r=� CODE OF ORDINANCES BY AMENDING CHAPTER 16, ARTICLE III, SECTION 16-42 RELATING TO DEFINITIONS; RENUMBERING SECTION 16-55 TO SECTION 16-65; PROVIDING A NEW SECTION 16-55 RELATING TO THE PROHIBITION OF CONSUMPTION OR POSSESSION OF AN OPEN CONTAINER OF ALCOHOLIC BEVERAGES AT GRAPEVINE LAKE AND RESERVOIR AREA; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500. 00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACFi DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council hereby finds and determines that the prohibition of consumption or possession of an open container of alcoholic beverages in certain areas of Grapevine Lake and reservoir area to be in the best interest of the health, safety , and general welfare of the citizens of the City. '� �� NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That the above preamble is hereby approved and adopted by the City Council and incorporated herein for all purposes. Section 2 . That Chapter 16, Article III, Section 16-42 of the Grapevine Code of Ordinances is hereby amended by the addition of a new subsection (f) which shall read as follows: " (f) Alcoholic beverage shall mean alcohol, or any beverage containing more than one-half of one percent (1/2 of 1�) of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted. " Section 3 . That Chapter 16, Article III, Section 16-55 of the Grapevine Code of Ordinances is hereby renumbered to Section 16-65 and Section 16-56 through Section 16-64 are hereby �.. . reserved for expansion. � ,�,; .� Section 4. That Chapter 16, Article III, Section 16-55 of the Grapevine Code of Ordinances is hereby amended to read as follows: '�°� "Sec. 16-55. Consumption or Possession of Open Container of Alcoholic Beverage. It shall be unlawful for any person to consume an alcoholic beverage or possess an open container that contains an alcoholic beverage while in the following areas or within fifteen (15) feet of the following areas: (a) Public roadways located at Grapevine Lake or the reservoir area; and (b) All parking lots located at Grapevine Lake or the reservoir area; and (c) All boat ramps at Grapevine Lake. " Section 5. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstance 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 the ordinance despite such invalidity, which �� remaining portions shall remain in full force and effect. Section 6. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Five Hundred Dollars ($500. 00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 7. The fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace, and general welfare of the public creates an emergency which requires that this ordinance become effective from and after the date of its passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 5th day of February , 1991. ,�:,,,� � � ,4 APPROVED: . �,.� - ��, William D. Tate Mayor ATTEST: Li da Huff City Secretary APPROVED AS TO FORM: �.__.... �� 1 '-� C.�'��--� �f -�.�.-.�-�:-e, _ `-- --�_ Roger E. Beecham Assistant City Attorney � �.,,� �� � II l