HomeMy WebLinkAboutItem 09 - Ordinance No. 2003-13MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROGER NELSON, CITY MANAGER/
MEETING DATE: NOVEMBER 18, 2003
SUBJECT: CORRECT TYPOGRAPHICAL ERRORS
ORDINANCE NO. 2003-13
RECOMMENDATION:
City Secretary recommends the City Council reconsider the motion that approved
Ordinance No. 2003-13 on March 18, 2003, and approve Ordinance No. 2003-13 as
corrected and amended to replace said previously approved ordinance.
BACKGROUND:
The City Council adopted Ordinance No. 2003-13 on March 18, 2003 by a vote of 7-0
amending Chapter 16 Parks and Recreation, Article III, Grapevine Lake and Reservoir
Area relative to management of the U. S. Corps of Engineers property. The proposed
ordinance correctly reflects the ordinance as it was presented by Parks & Recreation
Director Doug Evans and considered for approval by the City Council on March 18,
2003.
City Attorney John F. Boyle, Jr. has advised that in order to correct Ordinance No. 2003-
13, that was presented and approved by the City Council on March 18, 2003, the
Council must reconsider their motion and approve Ordinance No. 2003-13 with the
following typographical corrections:
Amend Section 16-45 (c) to read as follows
"(c) The placement of camping equipment on a campsite or intermittent personal
appearance at a campsite for the purpose of reserving a designated campsite for
future occupancy is prohibited."
Amend Section 16-48 (b) to read as follows:
"(b) The possession or use of fireworks is prohibited unless written permission
has been received from the Chief of Police."
Amend Section 51 to read as follows:
"The construction, placing, or continued existence of any structure of any kind
under, upon, in, or over Grapevine Lake or the reservoir area is prohibited without
November 11, 2003 (10:40AM)
written permission of the district engineer and the City Manager, a copy of which
written permission shall be provided to the Chief of Police. The design,
construction, placing, existence, or use of structures in violation of the terms of
the written permission therefore is prohibited.
Amend Section 53 to read as follows:
"Written permission of the district engineer, Chief of Police or the City Manager
when required by the provisions of this article, unless specifically stated otherwise
by the terms and provisions of this article, shall be carried by and be in the
possession of the person to whom it was issued and shall be made available for
inspection by the Chief of Police at all times while at or on Grapevine Lake or the
reservoir area."
In order to correct the typographical errors, the City Council must now consider approval
of the proposed ordinance correcting the typographical errors. Attached is the proposed
ordinance with the corrections in bold print.
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November 13, 2003 (1:49PM)
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ORDINANCE NO. 2003-13
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS CORRECTING AND REPLACING
ORDINANCE NO. 2003-13 AS ADOPTED MARCH 18, 2003
AMENDING CHAPTER 16 PARKS AND RECREATION,
ARTICLE III, GRAPEVINE LAKE AND RESERVOIR AREA
RELATIVE TO MANAGEMENT OF THE U.S. CORPS OF
ENGINEER'S PROPERTY; PROVIDING A CLAUSE
RELATING TO SEVERABILITY; PROVIDING A PENALTY
NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000.00) AND A SEPARATE OFFENSE
SHALL BE DEEMED COMMITTED UPON EACH DAY
DURING OR ON WHICH A VIOLATION OCCURS;
DECLARING AN EMERGENCY AND PROVIDING AN
EFFECTIVE DATE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS:
Section 1. That Ordinance No. 2003-13 as adopted on March 18, 2003 by
the Grapevine City Council amending the Grapevine Code of Ordinances, Chapter
16 Parks and Recreation, Article III, Grapevine Lake and Reservoir Area is hereby
corrected by replacing previously approved ordinance adopted on March 18,
2003, and by approval of Ordinance No. 2003-13 as corrected and amended to
replace said previously approved ordinance.
Section 2. That the Grapevine Code of Ordinances, Chapter 16 Parks and
Recreation, Article 111, Section 16-42 Definitions be amended by the addition of a new
subsection 16-42 (c) to read as follows and the remaining subsections 16-42 (c) be
renumbered to 16-42 (d) through 16-42 (g):
"(c) City Manager shall mean the City Manager for the City of Grapevine, or
his/her designated representative."
Section 3. That the Grapevine Code of Ordinances, Chapter 16 Parks and
Recreation, Article III, in all sections with the exception of Section 16-44 Watercraft,
Section 16-51 Unauthorized Structures and Section 16-53 Written Permission that
"district engineer" be replaced with "City Manager" as the authorized agent.
Section 4. That the Grapevine Code of Ordinances, Chapter 16 Parks and
Recreation, Article III, Section 16-45 Camping be amended by amending subsection 16-
45 (b) and (c) to read as follows:
"(b) Camping at one or more campsites at the reservoir area for a period
longer than 42 consecutive days from April 1st through September 30th
and for 120 days from October 1 st through March 30th is prohibited.
(c) The placement of camping equipment on a campsite or intermittent
personal appearance at a campsite for the purpose of reserving a
designated campsite for future occupancy is prohibited."
Section 5. That the Grapevine Code of Ordinances, Chapter 16 Parks and
Recreation, Article III, Section 16-48 Explosives, firearms, other weapons, and fireworks
be amended by amending subsection 16-48 (a) and (b) to read as follows:
"(a) The possession of loaded firearms, ammunition, loaded projectile firing
devices, bows and arrows, crossbows, dangerous weapons defined and
listed in Section 46.01 of the Texas Penal Code, and explosives of any
kind is prohibited unless (1) In the possession of a state or local law
enforcement officer on official business; or (2) In the possession of a
federal government employee with law enforcement authority and on
official business as approved by the Chief of Police; or (3) Written
permission has been received from the Chief of Police."
(b) The possession or use of fireworks is prohibited unless written
permission has been received from the Chief of Police."
Section 6. That the Grapevine Code of Ordinances, Chapter 16 Parks &
Recreation, Article III, Section 51 Unauthorized structures be amended to read as
follows:
"The construction, placing, or continued existence of any structure of any
kind under, upon, in, or over Grapevine Lake or the reservoir area is
prohibited without written permission of the district engineer and the City
Manager, a copy of which written permission shall be provided to the Chief
of Police. The design, construction, placing, existence, or use of
structures in violation of the terms of the written permission therefore is
prohibited."
Section 7. That the Grapevine Code of Ordinances, Chapter 16 Parks &
Recreation, Article II, Section 53 Written Permission be amended to read as follows:
"Written permission of the district engineer, Chief of Police or the City
Manager when required by the provisions of this article, unless specifically
stated otherwise by the terms and provisions of this article, shall be carried
by and be in the possession of the person to whom it was issued and shall
be made available for inspection by the Chief of Police at all times while at
or on Grapevine Lake or the reservoir area."
ORD. NO. 2003-13 2
Section 8. That the Grapevine Code of Ordinances, Chapter 16 Parks &
Recreation, Article III, be amended by the addition of Section 16-56 entitled "Aquatic
Activities" to read as follows:
"Sec. 16-56 Aquatic Activities
(a) All swimming, wading, snorkeling or scuba diving shall be undertaken at
the person's own risk.
(b) Swimming, wading, snorkeling, scuba diving or fishing is not allowed
within 100 feet of boat ramps and public docks or other areas designated
by the City Manager.
(c) An international diver down or inland diving flag must be displayed during
underwater activities. "
Section 9. That the Grapevine Code of Ordinances, Chapter 16 Parks and
Recreation, Article 111, be amended by the addition of Section 16-57 entitled
"Recreational Use Fees" to read as follows:
"Sec 16-57 Recreational Use Fees
(a) The City of Grapevine will collect fees for the use of boat ramps, picnic
pavilions, park entrance, camping or other activities and/or facilities yet to
be determined.
(b) It shall be unlawful to fail to pay authorized recreation use fees as
established herein, and is punishable as a violation of this ordinance as
set forth herein."
Section 10. That the Grapevine Code of Ordinances, Chapter 16 Parks &
Recreation, Article III, be amended by the addition of Section 16-58 entitled "Vehicles"
to read as follows:
"Sec 16-58 Vehicles
(a) This section pertains to all vehicles, including but not limited to,
automobiles, trucks, motorcycles, mini -bikes, dune buggies, all -terrain
vehicles, trailers, campers, bicycles or any other such equipment.
(b) Vehicles shall not be parked in violation of posted restrictions and
regulations, or in such a manner as to obstruct or impede normal or
emergency traffic movement or the parking of other vehicles, create a
safety hazard, or endanger any person, property or environmental feature.
Vehicles so parked are subject to removal and impoundment at the
owner's expense.
ORD. NO. 2003-13 3
(c) The operation and/or parking of a vehicle off authorized roadways is
prohibited. Taking any vehicle through, around or beyond a restrictive
sign, recognizable barricade, fence or traffic control barrier is prohibited.
(d) Vehicles shall be operated in accordance with applicable Federal, State,
and local laws, which shall be regulated by authorized enforcement
officials."
Section 11. That the Grapevine Code of Ordinances, Chapter 16 Parks
Recreation, Article III, be amended by the addition of Section 16-59 entitled "Special
Events" to read as follows:
"Sec 16-59 Special Events
(a) Special events including, but not limited to, fishing tournaments, music
festivals, dramatic presentations, parades, races or other special
recreation events are prohibited unless a permit is obtained and approved
by the City of Grapevine. All areas permitted shall be restored to the pre -
event condition.
(b) The Chief of Police and/or the City Manager shall have the authority to
revoke the permit and require the removal of any equipment upon failure
to comply with the terms and conditions of the permit."
Section 12. That the Grapevine Code of Ordinances, Chapter 16 Parks &
Recreation, Article III, Section 16-65 Penalties and enforcement be amended by the
addition of the following sentence:
"The Chief of Police and/or the City Manager shall have the authority to enforce
the provisions of this article and shall have the authority to issue citations or to
eject from any park any person in violation of this article."
Section 13. 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 Thousand ($2,000.00) for each offense and a separate offence shall be
deemed committed each day during or on which an offense occurs or continues.
Section 14. 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.
ORD. NO.2003-13 4
Section 15. 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 18th of November, 2003.
ATTEST:
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ORD. NO. 2003-13 5