HomeMy WebLinkAboutORD 1978-054 t �
CITY OF GRAPEVINE
ORDINANCE � 7�-��
AN ORDINANCE ESTABLISHlNG A FIVE (5) MILE PER
HDUR SPEED LIMIT FOR ALL MOTOR BOATS ON THE
SOUTH SIDE OF GRAPEVINE LAKE ADJACENT TO
OAK GROVE PARK IN AN AREA SPECIFICALLY DEFINED
IN THE BODY OF THE ORDINANCE; REQ�IRING FOR
� SIGNS TO BE PLACED; PRC�VIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY AND DECLARING AN
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EMERGENCY.
WHEREAS, the area in Grapevine Lake located within the City of Grapevine
thnt is described as McPherson's Slough has been an area where boats have caused
many problems resulting from negligent operation of the boafis, high speed and
excessive noise eminating from the boats; and,
WHEREAS, the Corps of Engineers and the City of Grapevine have received
numerous complaints relafiive to the said operotion of the boats; and,
WHEREAS, the City of Grapevine is of the opinion that a boat operafiing in
said McPherson's Slough at an excessive rate of speed is dangerous to life and
property.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY CDUNCIL OF THE
CITY OF GRAPEVINE, TEXAS:
Section 1 . Definitions
�" A. McPherson's Slough -an area on the south side of Lake Grapevine
adjacent to �ak Grove Park, appcoximately 1.5 miles long and .3 miles wide
� and as shown on Exhibit "A" in the area encompassed within the heavy purple (ines.
B. Motor Boats - Any vessel propelled by machinery whether or not the
mach+nery is the principal source of propulsion.
C. Vessel -any watercraft, other than a seaplane on waterr used or
capable of being used for transportation on water.
Section 2. The City does hereby declare and find that the maximum fawful
speed for the operation of a motor boat in McPherson's Slough shall be five (5)
miles per hour. Operation of a motor boat in McPherson's Slough at a rate of speed
in excess of five (5) miles per hour shall be prima facie evidence that the speed if
not reasonable or pruder�t and that it is unlawful .
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Section 3. The City Manager is directed to place signs at appropriate
locations in McPherson's Slough to notify parties of said speed {imit.
Section 4, This Ordinance is passed pursuar�t to Article 3f.Q92 of the
Parks and Wildlife Code of the State of Texas, Tex. Rev. Civ. Stat. Ann.
Section 5. Severability Clause. If any section, article, paragraph,
sentence, clause, p rase or word in this ordinance, or application thereto to any
� person or circumstances is held invalid or unconstitutional by a Court of competent
jurisdiction such holding shall not affect the validity of the remaining portior�s 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 shalf
remain in full force and effect.
Section 6. Pena�tY . 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 two hundred dollars ($200.00) and a separafie
offense shc�ll be deemed committed upon each day during or on which a violation
occurs or continues after the notice period provided herein has expired. The Caurt
shall order removal and abatement of the nuisance.
� Section 7. Emergency. The fact fhat no present ordinances of fihe City� of
' Grapevine regulating the speed of motor boats exist, creates a.n 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,
DULY PASSED by the City Council of the City of Grapevine, Texas, this the
5th day of September , �978•
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Mayor, :�ity of Grapevine, Texas
ATT EST:
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City Se etary
APPROVED AS TO FORM:
�`. City Attorney