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Home My WebLink AboutORD 2003-013 Duplicate for Correction ORDINANCE NO. 2003-13 " AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS CORRECTING AND REPLACING ORDINANCE NO. 2003-13 AS ADOPTED MARCH 18, 2003 AMENDING CHAPTER 16 PARKS AND RECREATION, ARTICLE III, GRAPEVINE LAKE AND RESERVOIR AREA RELATIVE TO MANAGEMENT OF THE U.S. CORPS OF ENGINEER'S PROPERTY; PROVIDING A CLAUSE RELATING TO SEVERABILITY; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That Ordinance No. 2003-13 as adopted on March 18, 2003 by the Grapevine City Council amending the Grapevine Code of Ordinances, Chapter 16 Parks and Recreation, Article III, Grapevine Lake and Reservoir Area is hereby corrected by replacing previously approved ordinance adopted on March 18, 2003, and by approval of Ordinance No. 2003-13 as corrected and amended to replace said previously approved ordinance. Section 2. That the Grapevine Code of Ordinances, Chapter 16 Parks and Recreation, Article III, Section 16-42 Definitions be amended by the addition of a new subsection 16-42 (c) to read as follows and the remaining subsections 16-42 (c) be renumbered to 16-42 (d) through 16-42 (g): "(c) City Manager shall mean the City Manager for the City of Grapevine, or his/her designated representative." Section 3. That the Grapevine Code of Ordinances, Chapter 16 Parks and Recreation, Article III, in all sections with the exception of Section 16-44 Watercraft, Section 16-51 Unauthorized Structures and Section 16-53 Written Permission that "district engineer" be replaced with "City Manager" as the authorized agent. Section 4. That the Grapevine Code of Ordinances, Chapter 16 Parks and , Recreation, Article III, Section 16-45 Camping be amended by amending subsection 16- 45 (b) and (c) to read as follows: .,� Duplicate for Correction "(b) Camping at one or more campsites at the reservoir area for a period longer than 42 consecutive days from April 1 st through September 30th and for 120 days from October 1 st through March 30th is prohibited. (c) The placement of camping equipment on a campsite or intermittent personal appearance at a campsite for the purpose of reserving a designated campsite for future occupancy is prohibited." Section 5. That the Grapevine Code of Ordinances, Chapter 16 Parks and Recreation, Article III, Section 16-48 Explosives, firearms, other weapons, and fireworks be amended by amending subsection 16-48 (a) and (b) to read as follows: "(a) The possession of loaded firearms, ammunition, loaded projectile firing devices, bows and arrows, crossbows, dangerous weapons defined and listed in Section 46.01 of the Texas Penal Code, and explosives of any kind is prohibited unless (1) In the possession of a state or local law enforcement officer on official business; or (2) In the possession of a federal government employee with law enforcement authority and on official business as approved by the Chief of Police; or (3) Written permission has been received from the Chief of Police." (b) The possession or use of fireworks is prohibited unless written permission has been received from the Chief of Police." � � Section 6. That the Grapevine Code of Ordinances, Chapter 16 Parks & Recreation, Article III, Section 51 Unauthorized structures be amended to read as follows: "The construction, placing, or continued existence of any structure of any kind under, upon, in, or over Grapevine Lake or the reservoir area is prohibited without written permission of the district engineer and the City Manager, a copy of which written permission shall be provided to the Chief of Police. The design, construction, placing, existence, or use of structures in violation of the terms of the written permission therefore is prohibited." Section 7. That the Grapevine Code of Ordinances, Chapter 16 Parks & Recreation, Article II, Section 53 Written Permission be amended to read as follows: "Written permission of the district engineer, Chief of Police or the City Manager when required by the provisions of this article, unless specifically stated otherwise by the terms and provisions of this article, shall be carried by and be in the possession of the person to whom it was issued and shall be made available for inspection by the Chief of Police at all times while at or on Grapevine Lake or , the reservoir area." �:_., ORD. NO. 2003-13 2 Duplicate for Correction Section 8. That the Grapevine Code of Ordinances, Chapter 16 Parks & Recreation, Article III, be amended by the addition of Section 16-56 entitled "Aquatic Activities" to read as follows: "Sec. 16-56 Aquatic Activities (a) All swimming, wading, snorkeling or scuba diving shall be undertaken at the person's own risk. (b) Swimming, wading, snorkeling, scuba diving or fishing is not allowed within 100 feet of boat ramps and public docks or other areas designated by the City Manager. (c) An international diver down or inland diving flag must be displayed during underwater activities. " Section 9. That the Grapevine Code of Ordinances, Chapter 16 Parks and Recreation, Article III, be amended by the addition of Section 16-57 entitled "Recreational Use Fees" to read as follows: "Sec 16-57 Recreational Use Fees (a) The City of Grapevine will collect fees for the use of boat ramps, picnic pavilions, park entrance, camping or other activities and/or facilities yet to be determined. (b) It shall be unlawful to fail to pay authorized recreation use fees as established herein, and is punishable as a violation of this ordinance as set forth herein." Section 10. That the Grapevine Code of Ordinances, Chapter 16 Parks & Recreation, Article III, be amended by the addition of Section 16-58 entitled "Vehicles" to read as follows: "Sec 16-58 Vehicles (a) This section pertains to all vehicles, including but not limited to, automobiles, trucks, motorcycles, mini-bikes, dune buggies, all-terrain vehicles, trailers, campers, bicycles or any other such equipment. (b) Vehicles shall not be parked in violation of posted restrictions and regulations, or in such a manner as to obstruct or impede normal or emergency traffic movement or the parking of other vehicles, create a . , safety hazard, or endanger any person, property or environmental feature. Vehicles so parked are subject to removal and impoundment at the ,�P,.,M owner's expense. ORD. NO. 2003-13 3 Duplicate for Correction (c) The operation and/or parking of a vehicle off authorized roadways is prohibited. Taking any vehicle through, around or beyond a restrictive ' � sign, recognizable barricade, fence or traffic control barrier is prohibited. (d) Vehicles shall be operated in accordance with applicable Federal, State, and local laws, which shall be regulated by authorized enforcement officials." Section 11. That the Grapevine Code of Ordinances, Chapter 16 Parks Recreation, Article III, be amended by the addition of Section 16-59 entitled "Special Events" to read as follows: "Sec 16-59 Special Events (a) Special events including, but not limited to, fishing tournaments, music festivals, dramatic presentations, parades, races or other special recreation events are prohibited unless a permit is obtained and approved by the City of Grapevine. All areas permitted shall be restored to the pre- event condition. (b) The Chief of Police and/or the City Manager shall have the authority to revoke the permit and require the removal of any equipment upon failure to comply with the terms and conditions of the permit." Section 12. That the Grapevine Code of Ordinances, Chapter 16 Parks & Recreation, Article III, Section 16-65 Penalties and enforcement be amended by the addition of the following sentence: "The Chief of Police and/or the City Manager shall have the authority to enforce the provisions of this article and shall have the authority to issue citations or to eject from any park any person in violation of this article." Section 13. 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 Two Thousand ($2,000.00) for each offense and a separate offence shall be deemed committed each day during or on which an offense occurs or continues. Section 14. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto 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 the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. �a, � ORD. NO. 2003-13 4 Duplicate for Correction Section 15. 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 inhabitants of the City of Grapevine, Texas, creates an � emergency for the immediate preservation of public business, property, health, safety and general welfare of the public which requires that this ordinance shall 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 18th of November, 2003. APPROVED: �:'�� William D. Tate Mayor ATTEST: � � Lin a Huff City Secretary APPROVED AS TO FORM: . t �� r 4�:,.._. �.� , _ %�. � , ,' John F. Boyle, Jr. �` City Attorney ��_.� ORD. NO. 2003-13 5 Ordinance corrected and replaced by November 18, 2003 version ORDINANCE NO. 2003-13 ¢ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING CHAPTER 16 PARKS AND RECREATION, ARTICLE III, GRAPEVINE LAKE AND RESERVOIR AREA RELATIVE TO MANAGEMENT OF THE U.S. CORPS OF ENGINEER'S PROPERTY; PROVIDING A CLAUSE RELATING TO SEVERABILITY; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That the Grapevine Code of Ordinances, Chapter 16 Parks and Recreation, Article III, Section 16-42 Definitions be amended by the addition of a new subsection 16-42 (c) to read as follows and the remaining subsections 16-42 (c) be renumbered to 16-42 (d) through 16-42 (g): �...� "(c) City Manager shall mean the City Manager for the City of Grapevine, or his/her designated representative." Section 2. That the Grapevine Code of Ordinances, Chapter 16 Parks and Recreation, Article III, in all sections with the exception of Section 16-44 Watercraft, Section 16-51 Unauthorized Structures and Section 16-53 Written Permission that "district engineer" be replaced with "City Manager" as the authorized agent. Section 3. That the Grapevine Code of Ordinances, Chapter 16 Parks and Recreation, Article III, Section 16-45 Camping be amended by amending subsection 16- 45 (b) to read as follows: "(b) Camping at one or more campsites at the reservoir area for a period longer than 42 consecutive days from April 1 st through September 30th and for 120 days from October 1 st through March 30th is prohibited." Section 4. That the Grapevine Code of Ordinances, Chapter 16 Parks and Recreation, Article III, Section 16-48 Explosives, firearms, other weapons, and fireworks be amended by amending subsection 16-48 (a) to read as follows: "(a) The possession of loaded firearms, ammunition, loaded projectile firing �` devices, bows and arrows, crossbows, dangerous weapons defined and Ordinance corrected and replaced by November 1 B, 2003 version listed in Section 46.01 of the Texas Penal Code, and explosives of any kind is prohibited unless (1) In the possession of a state or local law enforcement officer on official business; or (2) In the possession of a federal government employee with law enforcement authority and on official business as approved by the Chief of Police; or (3) Written permission has been received from the Chief of Police." Section 5. That the Grapevine Code of Ordinances, Chapter 16 Parks & Recreation, Article III, be amended by the addition of Section 16-56 entitled "Aquatic Activities" to read as follows: "Sec. 16-56 Aquatic Activities (a) All swimming, wading, snorkeling or scuba diving shall be undertaken at the person's own risk. (b) Swimming, wading, snorkeling, scuba diving or fishing is not allowed within 100 feet of boat ramps and public docks or other areas designated by the City Manager. (c) An international diver down or inland diving flag must be displayed during underwater activities." Section 6. That the Grapevine Code of Ordinances, Chapter 16 Parks and ` ' Recreation, Article III, be amended by the addition of Section 16-57 entitled "Recreational Use Fees" to read as follows: "Sec 16-57 Recreational Use Fees (a) The City of Grapevine will collect fees for the use of boat ramps, picnic pavilions, park entrance, camping or other activities and/or facilities yet to be determined. (b) It shall be unlawful to fail to pay authorized recreation use fees as established herein, and is punishable as a violation of this ordinance as set forth herein." Section 7. That the Grapevine Code of Ordinances, Chapter 16 Parks & Recreation, Article III, be amended by the addition of Section 16-58 entitled "Vehicles" to read as follows: "Sec 16-58 Vehicles . (a) This section pertains to all vehicles, including but not limited to, automobiles, trucks, motorcycles, mini-bikes, dune buggies, all-terrain F�....� vehicles, trailers, campers, bicycles or any other such equipment. ORD. NO. 2003-13 2 Ordinance corrected and replaced by November 18, 2003 version (b) Vehicles shall not be parked in violation of posted restrictions and t regulations, or in such a manner as to obstruct or impede normal or emergency traffic movement or the parking of other vehicles, create a safety hazard, or endanger any person, property or environmental feature. Vehicles so parked are subject to removal and impoundment at the owner's expense. (c) The operation and/or parking of a vehicle off authorized roadways is prohibited. Taking any vehicle through, around or beyond a restrictive sign, recognizable barricade, fence or traffic control barrier is prohibited. (d) Vehicles shall be operated in accordance with applicable Federal, State, and local laws, which shall be regulated by authorized enforcement officials." Section 8. That the Grapevine Code of Ordinances, Chapter 16 Parks Recreation, Article III, be amended by the addition of Section 16-59 entitled "Special Events" to read as follows: "Sec 16-59 Special Events (a) Special events including, but not limited to, fishing tournaments, music festivals, dramatic presentations, parades, races or other special recreation events are prohibited unless a permit is obtained and approved by the City of Grapevine. All areas permitted shall be restored to the pre- event condition. (b) The Chief of Police and/or the City Manager shall have the authority to revoke the permit and require the removal of any equipment upon failure to comply with the terms and conditions of the permit." Section 9. That the Grapevine Code of Ordinances, Chapter 16 Parks & Recreation, Article III, Section 16-65 Penalties and enforcement be amended by the addition of the following sentence: "The Chief of Police and/or the City Manager shall have the authority to enforce the provisions of this article and shall have the authority to issue citations or to eject from any park any person in violation of this article." Section 10. 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 Two Thousand ($2,000.00) for each offense and a separate offence shall be deemed committed each day during or on which an offense occurs or continues. ORD. NO. 2003-13 3 Ordinance corrected and replaced by November 18, 2003 version . Section 11. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto 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 the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 12. 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 inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of public business, property, health, safety and general welfare of the public which requires that this ordinance shall 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 18th of March, 2003. APPROVED: ° William D. Tate Mayor ATTEST: Lind Hu City Secretary APPROVED AS TO FORM: <� -�� John F. Boyle, Jr. City Attorney ,.;...� ORD. NO. 2003-�3 4