HomeMy WebLinkAboutORD 2003-042 ORDINANCE NO. 2003-42
� AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS
AMENDING ORDINANCE 2003-23 CONCERNING THE
DESIGNATION OF CERTAIN AREAS OF GRAPEVINE LAKE
PROPERTY AS NO TRESPASSING ZONES; 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, City Council adopted Ordinance 2003-
23 as part of a joint effort with the U.S. Army Corps of Engineers to ensure the safety
and protection of certain areas at Grapevine Lake (the "Property"); and
WHEREAS, the City Council hereby adopts by reference the findings
made in the adoption of Ordinance 2003-23; and
WHEREAS, the U.S. Army Corps of Engineers has requested that the no
r � trespassing zones authorized by Ordinance 2003-23 be amended so as to only be
effective during heightened levels of Homeland Security.
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. Section 2 of Ordinance 2003-23 is hereby amended in its entirety
and replace as follows:
"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 During Homeland Security Levels Orange and Red Pursuant
to Ordinance 2003-42." 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. 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
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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 4. 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 5. 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 1st day of July, 2003.
APPROVED:
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William D. Tate
Mayor
ATTEST:
Li da Huff
City Secretary
APPROVED AS TO FORM:
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John F. Boyle, Jr.
City Attorney
ORD. NO. 2003-42 2