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Home My WebLink AboutAM2001-07SUBJECT: PROPOSED AMENDMENTS TO CHAPTER 23, TRAFFIC, ARTICLE I, SECTIONS 23-6 AND 23-7, RELATIVE TO REGULATION OF ROLLER SKATING, BICYCLES AND SIMILAR DEVICES ON SIDEWALKS 1-.1*1i1wolaoi97_arM Staff recommends the City Council consider amendments to the Code of Ordinances, relative to Chapter 23, Traffic, Article I, Sections 23-6 and 23-7, relative to regulation of roller skates, bicycles and similar devices on sidewalks, and take any action necessary. Sections 23-6 and 23-7 Currently, the City's Code of Ordinances regulates the use of roller skates, roller blades, skate boards, bicycles, scooters and similar devices on sidewalks and streets within the Central Business District. However, City Hall, Palace Arts Center, One Liberty Park Plaza, and the CVB offices and grounds are not covered under these regulations since they are zoned "GU" Governmental Use District. Staff has observed recently that individuals are using these devices on the sidewalks and common areas around City Hall and the Palace Arts Center and have damaged concrete walkways and steps, brick, railings, and other features at the facilities. Repairs to mitigate these damages are proving to be costly for the City. To allow the Police Department to control the use of these devices in these locations, Staff has drafted an amendment to Sections 23-6 and 23-7 to include Lot 1, Block 1, Palace Theatre Addition, Lot 1 A, Block 1, Grapevine City Hall Addition, and Lots 4 and 5, North Y2 of Lot 3, and Public Square, Block 20, City of Grapevine, along with the Central Business District as locations where use of these devices is expressly prohibited. RS R:\AGENDA\01-15-02\AM01-07.4.doc 1 Dee-OtiJ=01 12:07Pm From -Boyle & Lowry 9726507105 BOYLE & LOWRY.� L.L.P. ATTORNEYS AND COUNSELORS JoHN F. EMT, JP. 4201 WINGAEN, S(JrrT 108 (972) 650-7101 IRVING, TF_XAS 75062&63 L. STANTON LnWKY (972) 650-7102 www.boyle-lowry.com hu-mirw C. C. Sorf 0 6 (9T2) 5.7104 D72) CoNNt� I"TELECOPIER. COVER SHEET (972) 650-7106 DATE- 12-4-01 TO: Tomm Hard FROM: Matthew Boyle FAX NUMBER.- 817-410-3012 T-323 P.001/004 F-110 (972) 650-7100 FAX (972) 650-7105 RE, Ordinance - Roller Skating, Roller Blading 4 Skate Boarding. TOTAL NUMBER. OF PAGES, INCLUDING COVER LETTER: 4 Special Instructions: If you encounter problems receiving this transmission, please contact Judy at 972/650-7100. CONFIDENTIALITY NOTICE This facsimile transmission (andlor the documents accompanying ' may contain confidential information belonging to the sender which is protected by the attorney -client privilege. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited- If you have received this transmission in error, please immediately notify us by telephone to arrange for the return of the documents. Dec-0 —01 12:07pm From —Boyle & Lowry OT26507105 T-323 P 002/004 F—I10 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES BY AMENDING CHAPTER 23, TRAFFIC, ARTICLE I, SECTIONS 23-6 AND 23-7 REGULATING ROLLER SKATES, BICYCLES AND SIMILAR DEVICES ON SIDEWALKS WITHIN THE CITY LIMITS; AMENDING AND REPLACING ORDINANCE 92- 22 IN ITS ENTIRETY; REPEALING CONFLICTING ORDINANCES; PROVIDING A PENALTY OR FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED ($500.40) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; PROVIDING A SEVERARMITY CLAUSE; DECLARING AN EMRGENCY AND PROVIDING AN EFFECTIVE DATE BE 1T ORDADMD BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That Chapter 23, Section 23-6 of the Grapevine Code of Ordinances is hereby amended in its entirety to read as follows: "Sec. 23-6. Roller Skating, Roller Blading, and Skate Boarding Within Central Business District Prohibited. No person shall knowingly skate by means of roller skates, roller blades, or skate board upon the sidewalk areas or streets within the following areas of the City: 1. The Central Business District; 2. Lot IA, Block 1, Grapevine City Hall Addition (City Hall); 3. Lot 1, Block 1, Palace Theater Addition, (Palace Theater)." Section 2. That Chapter 23, Section 23-7 of the Grapevine Code of Ordinances is hereby amended in its entirety to read as follows: "Sec. 23-7. Use of Bicycles, Scooters and Similar Devices on Sidewalks Within the following areas of the City: 1. The Central Business District; 2. Lot 1A, Block 1, Grapevine City Hall Addition (City Hall); 3. Lot 1, Block 1, Palace Theater Addition (Palace Theater). No person shall knowingly ride a bicycle, toy vehicle, scooter or any type of coaster on any sidewalk within the following areas of the City: 1. The Central Business District; 2. Lot lA, Block 1, Grapevine City Hall Addition (City Hall); 3. Lot 1, Block 1, Palace Theater Addition (Palace Theater)". Dec-04-01 12:04m From -Boyle & Lowry 9T2650T105 T-323 P.003/004 F-110 Section 3. That City of Grapevine Ordinance No. 92-22 is hereby amended and repealed in its entirety. Section 4. That the City Manager, or his designee, is hereby authorized to have the proper traffic signs erected, constructed, and placed at such points along said highway, streets or alleys, or portions thereof under construction, maintenance or repair so that travelers will be reasonably notified of said traffic regulations. Section 5. 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 of not guilty, nolo contendere, or dismissal. Section 6. Any person, firm or corporation 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. 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 8. 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 GRAPEV11-M, TEXAS, on this the day of , 2001. ATTEST: Linda Huff, City Secretary 2 William D. Tate, Mayor Nc-H-01 12:07pm From -Boyle & Lowry 9726507105 T-323 P.004/004 F-110 APPROVED AS TO FORM: City Attorney D:LGxaycvine\gv-adinnnces\gv-ord skaceboud & roilcr blading.ttf Michael Hampton Re: Advertising for Code Amendments Pa e 1 From: Linda Huff To: Hampton, Michael Date: 12/27/01 4:14PM Subject: Re: Advertising for Code Amendments Michael, We are not required to advertise amendments to the general Code, as public hearings are not required to amend the general Code. The posting of the agenda that includes the proposed amendment to Chapter 23 is sufficient. Thanks for checking with me. >>> Michael Hampton 12/27/01 04:04PM >>> Linda, I have been drafting the memo and ordinance for the amendment to Chapter 23, Traffic, with regard to prohibiting roller skating, bicycles, etc from the Palace Theater and City Hall. Will I need to include this item in the newspaper advertisement we will be publishing this weekend, or will your office handle it? Ron could not recall any time where we (Planning Dept) published amendments to the general Code of Ordinances, although we always advertise amendments to the Zoning Ordinance. If so, can you or someone in your office forward me an example of the wording for such an advertisement Thanks, MH