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HomeMy WebLinkAboutORD 2003-023 ORDINANCE NO. 2003-23 � AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS MAKING IT UNLAWFUL FOR UNAUTHORIZED PARTIES TO ENTER INTO OR BE WITHIN AREAS DELINEATED AS NO TRESPASSING; AUTHORIZING THE CITY MANAGER TO DESIGNATE NO TRESPASSING AREAS; PROVIDING FOR SIGNS TO BE POSTED ACCORDINGLY; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING A SEVERABILITY CLAUSE AND DECLARING AN EMERGENCY WHEREAS, the City of Grapevine, Texas, is the owner or lessee of property at Grapevine Lake (the "Property"); and WHEREAS, the City of Grapevine has been advised that certain portions of the Property represent and contain security risks if open access is available to the public; and WHEREAS, it is extremely important to the citizens and taxpayers of the � City of Grapevine that certain portions of the Property be protected from access, damage, and/or vandalism; and WHEREAS, it is deemed in the best interests of the City that no unauthorized parties be allowed within certain areas of the Property; and WHEREAS, the areas of the Property which need protection as a no trespassing zone will change from time to time based on prevailing security threats. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. All matters stated in the preamble are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. The City Manager or his duly-designated employee shall be authorized and directed to declare certain portions of the Property as no trespassing zones based on current prevailing security threats. The City Manager shall direct that signs be posted at points of access into the no trespassing areas, which signs shall . state "No Trespassing by Unauthorized Persons Pursuant to Ordinance [this ordinance number]". The presence of such No Trespassing by Unauthorized Persons signs shall serve as evidence of the City Manager's designation of the area as a no trespassing area. Section 3. The definition of "Unauthorized Parties" means any individual who has not been authorized by the Federal, State, County or Local Government to be on the property pursuant to his or her official duties; and, individuals who are participating in golfing or golf support activities. Section 4. 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 after the notice period provided herein has expired. Section 5. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto to 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 the 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 ad effect. Section 6. The fact that no present ordinance of the City of Grapevine regulating unauthorized parties being allowed in security risk areas exists, creates an 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 provided. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, on this the 15th day of April, 2003. APPROVED: William D. Tate Mayor ATTEST: �, „ Linda Huff City Secretary ORD. NO. 2003-23 2 APPROVED AS TO FORM: John F. Boyle, J�. City Attorney ���., ORD. NO. 2003-23 3