HomeMy WebLinkAboutORD 1993-001 ORDINANCE NO. 93-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, AMENDING THE GRAPEVINE CODE
OF ORDINANCES CHAPTER 16 PARKS AND RECREATION,
SECTION 16-12 BY PROVIDING FOR CLOSING HOURS IN
HORSESHOE TRAILS PARK; PROVIDING FOR THE '
POSTING OF SIGNS; PROVIDING FOR A PENALTY OF FINE
NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS
(S500.00) FOR EACH OFFENSE; PROVIDING FOR A
SEVERABILITY CLAUSE; DECLARING AN EMERGENCY
AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the public parks of the City are for the lawful use and enjoyment
of the citizens of the City, including their families and friends, and the public parks of
the City are to be used to promote the health, safety and welfare of the citizens of the
City; and ',
WHEREAS, the public parks of the City should be peaceful, tranquil and used
for lawful purposes and should not be a potential source of crime, be a potential
nuisance or pose a threat to the health, safety and welfare of adjoining property
owners or occupants, neighborhoods or the citizens of the City; and
WHEREAS, the property of the City, including real property, personal property
and equipment, located in Horseshoe Trails Park is at greater risk of theft or
destruction during the hours of 11 :00 p.m. to 6:00 a.m. Sunday through Thursday
and 12 midnight to 6:00 a.m. Friday and Saturday; and
WHEREAS, during the hours of 11 :00 p.m. to 6:00 a.m. Sunday through
Thursday and 12 midnight to 6:00 a.m. Friday and Saturday Horseshoe Trails Park has
a greate� potential of becoming a source of crime, becoming a nuisance or posing a
threat to the health, safety and welfare of adjoining property owners or occupants,
neighborhoods or the citizens of the City; and '
WHEREAS, closing Horseshoe Trails Park during the hours of 11 :00 p.m, to
6:00 a.m. Sunday through Thursday and 12 midnight to 6:00 a.m. Friday and
Saturday will lessen the potential of Horseshoe Trails Park from becoming a source
of crime, becoming a nuisance or posing a threat to the health, safety and welfare of '
adjoining property owners or occupants, neighborhoods or the citizens of the City and
such closing will lessen the risk of theft or destruction of property owned by the City
and located in public parks; and
WHEREAS, the closing of Horseshoe Trails Park during the specified hours wi�l
not prevent the lawful use and enjoyment of Horseshoe Trails Park during any other
hours.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
Section 1 . The foregoing recitals are incorporated herein as findings of the City
Council of the City of Grapevine, Texas.
Section 2. That the Code of Ordinances is hereby amended and changed in
Chapter 16, Parks and Recreation, Section 16-12, by amending the catchline to read
as follows:
"Section 16-12. Time limitations on public use of Parr Park, Dove Park,
and Horseshoe Trails Park; providing exception; authorizing placement
of signs and gates."
Section 3. That the Code of Ordinances is hereby amended and changed in
Chapter 16, Parks and Recreation, Section 16-12, by amending subsections (d), (e),
(f), and (g) to read as follows:
"(d) Dove Park and Horseshoe Trails Park shall be closed between
the hours of 11 :00 p.m. and 6:00 a.m. Sunday through Thursday and
closed between the hours of 12 midnight and 6:00 a.m. Friday and
Saturday and shall not be open to the public for any purpose during
those hours.
(e) The City Manager may, from time to time and for particular
purposes, by permit or otherwise, designate that Dove Park or Horseshoe
Trails Park (or any portion of Dove Park or Horseshoe Trails Park) shall
be closed between hours other than those hours specified in subsection
(d) above or that Dove Park or Horseshoe Trails Park (or any portion of
Dove Park or Horseshoe Trails Park) shall remain open during the hours
specified in subsection (d) above.
(f) The City Manager is hereby directed to place signs at the
entrance of Dove Park and Horseshoe Trails Park and any other suitable ,
locations designated by the City Manager within Dove Park or Horseshoe
Trails Park designating the hours that the particular public park is closed
and that anyone remaining within Dove Park or Horseshoe Trails Park
during the hours the public park is closed shall be in violation of this
section.
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(g) A person commits an offense if that person enters, remains,
stays, congregates with one or more other persons, loiters, sleeps or is
found in Dove Park or Horseshoe Trails Park when the public park is
closed as provided in (d) or (e1 above. It shall not be a defense to any
prosecution herein that at the time of the alleged violation signs as
required by subsection (f) had not been posted at the entrances of Dove
Park or Horseshoe Trails Park or in other appropriate locations within the
public park."
Section 4. Any person violating any of the provisions of this ordinance shall
be deemed guilty of a misdemeanor and upon conviction shall be punished by a
penalty in accordance with subsection 1-6 of the Code of Ordinances.
Section 5. If any section, paragraph or provision of this ordinance or the
application of any particular section, paragraph or provision to any person or situation
is for any reason judged invalid, such adjudication shall not affect any other section,
paragraph or provision of this ordinance or the application of any other section,
paragraph or provision to any other person or situation and the City Council declares
that it would have adopted the valid portions and applications of this ordinance
without the invalid parts, and to this end the provisions of this ordinance are declared
to be severable.
Section 6. The fact that no present ordinances of the City of Grapevine relate
to amendments to the Grapevine City Charter, creates an urgency.and an emergency
and in the preservation of the public health, safety and welfare requires that this
ordinance shall take effect immediately from and after its passage and the publication
of the caption as the law and charter in such cases provides.
Section 7. This ordinance shall take effect immediately from and after its
passage and the publication of the caption of said ordinance as the law in such cases
provides.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 5th day of January , 1993.
APPROVED:
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William D. Tate
Mayor
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ATTEST:
Lin a Huff ,,�' - '
City Secretary
APPROVED AS TO FORM:
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John F. Boyle, Jr.
City Attorney
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