HomeMy WebLinkAboutItem 10 - No Tresspassing OrdinancesITEM 0 /U
MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROGER NELSON, CITY MANAGER
MEETING DATE: APRIL 15, 2003
SUBJECT: ORDINANCE ESTABLISHING NO TRESPASSING AREAS ALONG
LAKE GRAPEVINE DAM
RECOMMENDATION:
City Council to consider approving 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 and authorizing the City Manager to designate no trespassing areas.
FUNDING SOURCE:
Funds are available in account 174-43301-093, Signs and Signals Maintenance in the
amount of $5,000.
BACKGROUND:
The City was recently contacted by the U.S. Army Corps of Engineers, Lake Grapevine
Office, to discuss their initiatives for an enhanced security plan to protect Lake Grapevine
Dam from potential terrorist threats. There is currently no indication of any specific threat
toward the dam. This is part of the ongoing effort on the part of many agencies to comply
with Homeland Security measures.
In cooperation with the Corps of Engineers, the City is seeking to establish a no
trespassing zone in certain areas immediately adjacent to the dam itself and in the outfall
channel which runs through the golf course. In order to make the stipulated areas
enforceable as no trespassing areas, it is necessary for the City Council to approve an
ordinance.
The "no trespassing" will not apply to golfers, golf course staff and other City employees
that are performing business activities related to public works activities or the golf course.
It will, however, eliminate access to the channel by individuals using the channel for
fishing, kayaking, wading, swimming and other non -golf course or City business related
activities. The ordinance is structured to authorize the City Manager to designate the no
trespassing areas and have signs installed designating same.
The City staff will also assist the Corps of Engineers with visual monitoring of the
immediate dam area and 24-hour cameras installed at locations selected by the Corps of
Engineers.
Staff recommends approval.
H: N oTrespassi ngagm4-1 5-03
April 9, 2003 (8:37AM)
0 ORDINANCE NO.
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
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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.
ATTEST:
ORD. NO. 2
APPROVED AS TO FORM:
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