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HomeMy WebLinkAboutORD 1978-054 t � CITY OF GRAPEVINE ORDINANCE � 7�-�� AN ORDINANCE ESTABLISHlNG A FIVE (5) MILE PER HDUR SPEED LIMIT FOR ALL MOTOR BOATS ON THE SOUTH SIDE OF GRAPEVINE LAKE ADJACENT TO OAK GROVE PARK IN AN AREA SPECIFICALLY DEFINED IN THE BODY OF THE ORDINANCE; REQ�IRING FOR � SIGNS TO BE PLACED; PRC�VIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY AND DECLARING AN � � EMERGENCY. WHEREAS, the area in Grapevine Lake located within the City of Grapevine thnt is described as McPherson's Slough has been an area where boats have caused many problems resulting from negligent operation of the boafis, high speed and excessive noise eminating from the boats; and, WHEREAS, the Corps of Engineers and the City of Grapevine have received numerous complaints relafiive to the said operotion of the boats; and, WHEREAS, the City of Grapevine is of the opinion that a boat operafiing in said McPherson's Slough at an excessive rate of speed is dangerous to life and property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY CDUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1 . Definitions �" A. McPherson's Slough -an area on the south side of Lake Grapevine adjacent to �ak Grove Park, appcoximately 1.5 miles long and .3 miles wide � and as shown on Exhibit "A" in the area encompassed within the heavy purple (ines. B. Motor Boats - Any vessel propelled by machinery whether or not the mach+nery is the principal source of propulsion. C. Vessel -any watercraft, other than a seaplane on waterr used or capable of being used for transportation on water. Section 2. The City does hereby declare and find that the maximum fawful speed for the operation of a motor boat in McPherson's Slough shall be five (5) miles per hour. Operation of a motor boat in McPherson's Slough at a rate of speed in excess of five (5) miles per hour shall be prima facie evidence that the speed if not reasonable or pruder�t and that it is unlawful . .� :, � � . . , r,� -� l ' � • ' � Section 3. The City Manager is directed to place signs at appropriate locations in McPherson's Slough to notify parties of said speed {imit. Section 4, This Ordinance is passed pursuar�t to Article 3f.Q92 of the Parks and Wildlife Code of the State of Texas, Tex. Rev. Civ. Stat. Ann. Section 5. Severability Clause. If any section, article, paragraph, sentence, clause, p rase or word in this ordinance, or application thereto to 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 portior�s of the ordinance; and the City Council hereby declares it would have passed such remaining � portions of the ordinance despite such invalidity, which remaining portions shalf remain in full force and effect. Section 6. Pena�tY . 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 hundred dollars ($200.00) and a separafie offense shc�ll be deemed committed upon each day during or on which a violation occurs or continues after the notice period provided herein has expired. The Caurt shall order removal and abatement of the nuisance. � Section 7. Emergency. The fact fhat no present ordinances of fihe City� of ' Grapevine regulating the speed of motor boats exist, creates a.n 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, DULY PASSED by the City Council of the City of Grapevine, Texas, this the 5th day of September , �978• �� � � � � Mayor, :�ity of Grapevine, Texas ATT EST: �� - City Se etary APPROVED AS TO FORM: �`. City Attorney