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HomeMy WebLinkAboutORD 1992-027 '"� � ORDINANCE NO. g2-2'7 , �� AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AMENDING CHAPTER 16, PARKS AND RECREATION, SECTION 16-12, BY PROVIDING FOR CLOSING HOURS IN DOVE PARK; � PROVIDING FOR THE POSTING OF SIGNS; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500. 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 Dove Park is at greater risk of theft or destruction during the hours of 11:00 p.m. and 6: 00 a.m. ; and WHEREAS, due to the demands upon the available personnel of the Police Department of the City, the Police Department is unable to dedicate personnel exclusively and full time to patrolling in Dove Park during the hours of 11:00 p.m. and 6: 00 a.m. ; and WHEREAS, during the hours of 11:00 p.m. and 6: 00 a.m. Dove Park has a greater 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 Dove Park during the hours of 11: 00 p.me and 6: 00 a.m. Sunday through Thursday and closing Dove Park during the hours of 12 midnight and 6:00 a.m. Friday and Saturday will lessen �he potential of Dove Park 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 Dove Park during the specified hours will not prevent the lawful use and enjoyment of Dove 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 followss "Section 16-12 . Time limitations on public use of Parr Park and Dove 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 the addition of the following subsections so that said subsections shall hereafter read as follows: ° (d) Dove Park shall be closed between the hours of 11:00 p.m. and 6: 00 a.m. Sunday through Thursday and ,� A 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 any portion of Dove Park) shall be closed between hours other than those hours specified in (d) or that Dove Park (or any portion of Dove Park) shall remain open during the hours specified in (d) . (f) The City Manager is hereby directed to place signs at the entrance of Dove Park and any other suitable locations designated by the City Manager within Dove Park designating the hours that the particular public park is closed and that anyone remaining within Dove Park during the hours the public park is closed shall be in violation of this ordinance. (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 when the public park is closed as provided in (d) or (e) abovee It shall not be a defense to any prosecution �� herein that at the time of the alleged violation, signs as required by (f) had not been posted at the entrances of Dove Park or in other appropriate locations within the �„ public park. " 2 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, an 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 and 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 i �,:..� and after its passage and the publication of the caption of said I ordinance as the law in such cases provides. �, � PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ' GRAPEVINE, TEXAS on this the 2nd day of June , 1992. ' APPROVED: `� William D. Tate Mayor ATTEST: � J i C. Brown ssistant City Secretary ,�,,,.� � 3 �„,., APPROVED AS TO FORM: � John F. Boyle, Jr. City Attorney i I � I j I �.,� ' � � � 4