HomeMy WebLinkAboutORD 1991-006 ORDINANCE NO. 91-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS, AMENDING THE GRAPEVINE
'�r=� CODE OF ORDINANCES BY AMENDING CHAPTER 16,
ARTICLE III, SECTION 16-42 RELATING TO
DEFINITIONS; RENUMBERING SECTION 16-55 TO
SECTION 16-65; PROVIDING A NEW SECTION 16-55
RELATING TO THE PROHIBITION OF CONSUMPTION OR
POSSESSION OF AN OPEN CONTAINER OF ALCOHOLIC
BEVERAGES AT GRAPEVINE LAKE AND RESERVOIR
AREA; 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 EACFi 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 Council hereby finds and determines that
the prohibition of consumption or possession of an open container
of alcoholic beverages in certain areas of Grapevine Lake and
reservoir area to be in the best interest of the health, safety
, and general welfare of the citizens of the City.
'� �� NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF GRAPEVINE, TEXAS:
Section 1. That the above preamble is hereby approved and
adopted by the City Council and incorporated herein for all
purposes.
Section 2 . That Chapter 16, Article III, Section 16-42 of
the Grapevine Code of Ordinances is hereby amended by the
addition of a new subsection (f) which shall read as follows:
" (f) Alcoholic beverage shall mean alcohol, or any
beverage containing more than one-half of one
percent (1/2 of 1�) of alcohol by volume, which is
capable of use for beverage purposes, either alone
or when diluted. "
Section 3 . That Chapter 16, Article III, Section 16-55 of
the Grapevine Code of Ordinances is hereby renumbered to
Section 16-65 and Section 16-56 through Section 16-64 are hereby
�.. . reserved for expansion.
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Section 4. That Chapter 16, Article III, Section 16-55 of
the Grapevine Code of Ordinances is hereby amended to read as
follows:
'�°� "Sec. 16-55. Consumption or Possession of Open
Container of Alcoholic Beverage.
It shall be unlawful for any person to consume an
alcoholic beverage or possess an open container that
contains an alcoholic beverage while in the following
areas or within fifteen (15) feet of the following
areas:
(a) Public roadways located at Grapevine Lake or
the reservoir area; and
(b) All parking lots located at Grapevine Lake or
the reservoir area; and
(c) All boat ramps at Grapevine Lake. "
Section 5. 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 this 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 and effect.
Section 6. 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 7. 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 5th day of February , 1991.
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APPROVED:
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William D. Tate
Mayor
ATTEST:
Li da Huff
City Secretary
APPROVED AS TO FORM:
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Roger E. Beecham
Assistant City Attorney
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