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HomeMy WebLinkAboutORD 2003-042 ORDINANCE NO. 2003-42 � AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS AMENDING ORDINANCE 2003-23 CONCERNING THE DESIGNATION OF CERTAIN AREAS OF GRAPEVINE LAKE PROPERTY AS NO TRESPASSING ZONES; AUTHORIZING THE CITY MANAGER TO DESIGNATE NO TRESPASSING AREAS; PROVIDING FOR SIGNS TO BE POSTED ACCORDINGLY; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING A SEVERABILITY CLAUSE AND DECLARING AN EMERGENCY WHEREAS, the City of Grapevine, City Council adopted Ordinance 2003- 23 as part of a joint effort with the U.S. Army Corps of Engineers to ensure the safety and protection of certain areas at Grapevine Lake (the "Property"); and WHEREAS, the City Council hereby adopts by reference the findings made in the adoption of Ordinance 2003-23; and WHEREAS, the U.S. Army Corps of Engineers has requested that the no r � trespassing zones authorized by Ordinance 2003-23 be amended so as to only be effective during heightened levels of Homeland Security. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. All matters stated in the preamble are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. Section 2 of Ordinance 2003-23 is hereby amended in its entirety and replace as follows: "The City Manager or his duly-designated employee shall be authorized and directed to declare certain portions of the Property as no trespassing zones based on current prevailing security threats. The City Manager shall direct that signs be posted at points of access into the no trespassing areas, which signs shall state "No Trespassing by Unauthorized Persons During Homeland Security Levels Orange and Red Pursuant to Ordinance 2003-42." The presence of such No Trespassing by Unauthorized Persons signs shall serve as evidence of the City Manager's designation of the area as a no trespassing area. Section 3. 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 after the notice period provided herein has expired. Section 4. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto to 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 the 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 ad effect. Section 5. The fact that no present ordinance of the City of Grapevine regulating unauthorized parties being allowed in security risk areas exists, 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 provided. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, on this the 1st day of July, 2003. APPROVED: ��,.�� William D. Tate Mayor ATTEST: Li da Huff City Secretary APPROVED AS TO FORM: � /JZ✓�;� �� �;::�� � John F. Boyle, Jr. City Attorney ORD. NO. 2003-42 2