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HomeMy WebLinkAboutORD 2011-053 ORDINANCE NO. 2011-53 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING CHAPTER 16 PARKS AND RECREATION, ARTICLE I, SECTION 16-14, PARK CLOSINGS ā€” HOURS OF OPERATION, BY THE ADDITION OF A NEW SUBSECTION B; PROVIDING FOR 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; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Grapevine leases approximately 1,286 acres of parkland from the U. S. Army Corps of Engineers for the benefit of the citizens in the region; and WHEREAS, the City of Grapevine has a desire to close several of the leased parks to the public each evening in an effort to minimize crime; and WHEREAS, the City Council of the City of Grapevine, Texas, deems it necessary for the purpose of promoting the health, safety, morals, or general welfare of the City to amend the Code of Ordinances to amend regulations regarding political signs; and WHEREAS, all legal prerequisites and requirements for the passage of this ordinance have been adhered to, including but not limited to the Open Meeting Act; and WHEREAS, the City of Grapevine City Council, deems the passage of this ordinance is in the best interest of the health, safety, and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated herein above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. That the Grapevine Code of Ordinances, Chapter 16 Parks and Recreation, Article I, Section 16-14, Park Closings ā€” Hours of Operation, be amended by the addition of a new Subsection (b) to read as follows and renumbering the remaining Subsections "b ā€” d" as "cā€” e": "(b) The following City leased parks, Lakeview Park, Meadowmere Park and Rockledge Park, will be closed to the public at the hours posted at the entrance of the parks. Anyone in the leased parks above after the closing of the park shall be in violation of the ordinance and punishable by fine. The City Manager, or his designee, is authorized to establish the hours of said parks and to post signs at the entrance to said parks displaying the hours for the parks." Section 3. 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 4. That if any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto 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 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 5. That 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 inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of public business, property, health, safety and general welfare of the public which requires that this ordinance shall 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 4th day of October, 2011. APPROVED: William D. Tate Mayor ATTEST: Linda Huff City Secretary APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney ORD. NO. 2011-53 2