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MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER ,,,,,
I -
MEETING DATE: DECEMBER 6, 2011
SUBJECT: LOITERING AND SOLICITATION AT THE COMMUNITY
ACTIVITIES CENTER
RECOMMENDATION:
City Council to consider an ordinance prohibiting loitering and solicitation at the
Community Activities Center.
BACKGROUND:
Council Member Spencer asked the staff to draft an ordinance that prohibits
solicitation /loitering at the CAC. This ordinance would also apply to political speech or
electioneering during the early voting period but would not affect the election day
activities. The ordinance is attached for your consideration.
December 1, 2011 (11:19A)
We' Mif
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE
CODE OF ORDINANCES CHAPTER 15 OFFENSES AND
MISCELLANEOUS PROVISIONS TO ADOPT A NEW
SECTION 15 -23 PROHIBITING LOITERING OR
SOLICITING AT THE COMMUNITY ACTIVITIES CENTER;
REPEALING CONFLICTING ORDINANCES; PROVIDING A
SAVINGS CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council believes that maintaining the public's access to City
owned facilities such as the Community Activities Center is a high priority and that such
access should allow the taxpaying public the right and ability to access City facilities
without interruption or impedance; and
WHEREAS, the City has expended significant resources on the Community
Activities Center to provide a welcome place for exercise and enjoyment of persons of
all ages; and
WHEREAS, the loitering of persons and/or persons approaching or contacting
persons at the Community Activities Center has a chilling and deterring effect on their
ability to access and utilize City owned facilities; and
WHEREAS, the City owned Community Activities Center has not traditionally
been devoted to assembly and debate and therefore does not constitute a traditional
public forum; and
WHEREAS, the City Council deems it necessary to govern and restrict activity at
the Community Activities Center; and
WHEREAS, the City Council finds that there are reasonable alternatives
available for persons wishing to gather together and /or solicit persons .other than at the
Community Activities Center; and
WHEREAS, the City Council determines that the regulations adopted hereunder
represent the least restrictive means available to achieve the City's goals; and
WHEREAS, the City intends this ordinance to be applied and enforced on a
content - neutral basis; and
WHEREAS, the City of Grapevine is authorized by law to adopt the provisions
contained herein, and has complied with all the prerequisites necessary for the passage
of this ordinance, including but not limited to the Open Meetings Act; and
WHEREAS, the City Council deems the adoption of this ordinance to be in the
best interests of the health, safety, and general welfare of the public.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS:
Section 1. That all matters stated hereinabove are found to be true and correct
and are incorporated herein by reference as if copied in their entirety.
Section 2. That Section 15 -23 shall be added to the Code of Ordinances to
read as follows:
"Sec. 15-23. Loitering and Solicitation Prohibited.
(a) That no person shall loiter or solicit persons for any purpose at the
Community Activities Center.
(b) No person shall interfere with any person's access to the Community
Activities Center.
(c) For the purposes of this ordinance, the Community Activities Center shall be
defined as the entirety of the premises, both inside and out of the building
itself, including all parking areas and green space.
(d) For the purposes of this ordinance, solicitation shall include., but not be limited
to, approaching or contacting a person or persons for purposes of commerce
or advocacy and anonymous political speech.
(e) That the provisions of subsections (a) -(d) shall not apply nor be enforced on
any regular election day, although they shall apply on early voting days."
Section 3. That all ordinances or any parts thereof in conflict with the terms of
is ordinance shall be and hereby are deemed repealed and of no force or effect.
Section 4. That if any section, subsection, sentence, clause or phrase of this
ordinance shall for any reason be held to be invalid, such decision shall not affect the
validity of the remaining portions of this ordinance.
Section 5.. That 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 the 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.
ORD. NO. 2
PASSED AND APPROVED BY THE CITY COUNCIL. OF THE. CITY OF
GRAPEVINE, TEXAS, on this the 6th day of December, 2011.
APPROVED:
ATTEST;
APPROVED AS TO FORM:
ORD. NO. 3