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HomeMy WebLinkAboutItem 11 - Jumping and Fishing from BridgesG� ITEM it MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROGER NELSON, CITY MANAGER,/� MEETING DATE: AUGUST 20, 2002 SUBJECT: ORDINANCE PROHIBITING JUMPING AND FISHING FROM BRIDGES RECOMMENDATION: City Council consider adopting an ordinance prohibiting jumping and fishing from bridges in the City of Grapevine and take any necessary action. BACKGROUND: The City staff has been contacted by the general contractor on the Opryland project noting that people are jumping from the Gaylord Trail bridge into Lake Grapevine. The contractor is concerned about potential liability to them and to the City. The individuals are accessing the area in boats or jet skis, climbing up the embankment to the bridge and then jumping into the lake. This activity has a number of potential consequences. First, the main entrance to the Opryland Hotel and Convention Center is not enhanced by a gathering of people jumping from the bridge, nor would it be enhanced by fishermen on the bridge blocking the hike and bike paths. Second, the lake is not a constant level lake and at times the lake level is low enough to pose serious hazards to jumpers. The City does not want to be placed in any position of liability from these activities and does not want to assume the responsibility of determining when the lake level is at a depth for safe jumping. The proposed ordinance does not single out Gaylord Trail but applies to all bridges in Grapevine. The only true impact of the ordinance will be on the activities on the Gaylord Trail bridge but a broad brush ordinance will protect the City in the event of any future activities at other locations. Staff recommends approval. 0:\agenda\08-20-02\No Jumping - Bridges August 14, 2002 (8:27AM) aORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE CODE OF ORDINANCES, CHAPTER 16 PARKS AND RECREATION, BY THE ADDITION OF SECTION 16-17 FISHING OR JUMPING FROM BRIDGES AND RIGHT-OF-WAY; REPEALING CONFLICTING ORDINANCES; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Grapevine City Council deems it a hazard to the health, safety and welfare of the public to allow or permit any person from fishing from or jumping from any bridge in the City of Grapevine; and WHEREAS, the City of Grapevine is authorized to adopt ordinances to protect the health, safety, and welfare of its citizens; and WHEREAS, the City of Grapevine has determined that it is a necessity to regulate the activities and entities as provided for herein to safeguard the public; and WHEREAS, the City of Grapevine is authorized by law to adopt the provisions contained herein, and has complied with all prerequisites necessary for the passage of this ordinance; and WHEREAS, the City has determined that an amendment to Chapter 16 Parks and Recreation, of the Code of Ordinances is in the best interest of the City and its citizens. 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. That Chapter 16 Parks and Recreation, is hereby amended by the addition of the following new Section 16-17 as follows: "Sec. 16-17. Fishing or Jumping from Bridges and Right -of -Way. (a) It shall be unlawful for any person to knowingly or intentionally fish, by any means, from any bridge, pier, abutment, or public right-of-way in the city. (b) It shall be unlawful for any person to knowingly or intentionally leap or jump from any bridge, pier, abutment, or public right-of-way in the city into or towards a body of water or the ground below." Section 3. That all ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby are deemed repealed and of no force or effect; provided, however, that the ordinance or ordinances under which the cases currently filed and pending in the Municipal Court of the City of Grapevine, Texas, shall be deemed repealed only when all such cases filed and pending under such ordinance or ordinances have been disposed of by a final conviction or a finding not guilty or nolo contendere, or dismissal. Section 4. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto 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 despite such invalidity, which remaining portions shall remain in full force and effect. Section 5. 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. Section 6. 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 public creates an emergency which requires that this ordinance 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 20th day of August, 2002. ORD. NO. 2 . ~== T__. .