HomeMy WebLinkAbout1209 08-13-1996ORDINANCE NO. 1209
AN ORDINANCE AMENDING CHAPTER 50 "OFFENSES" OF
THE CODE OF ORDINANCES, CITY OF EULESS, TEXAS, AS
AMENDED, BY THE ADDITION THERETO OF NEW SECTION
50-28 "SKATEBOARDING AND SKATING PROHIBITED IN
POSTED AREAS "; PROHIBITING SKATEBOARD RIDING AND
SKATING IN AREAS WHERE SIGNS ARE POSTED ADVISING
OF SUCH PROHIBITION; PROVIDING A PENALTY OF UP TO
$500.00 FOR VIOLATION; PROVIDING A SEVERABIIITY
CLAUSE; PROVIDING A SAVING CLAUSE; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, certain paved areas of the City of Euless Municipal Complex and
other properties owned by the City of Euless receive heavy pedestrian traffic; and
WHEREAS, certain of these paved areas on property belonging to the City are
also attractive to persons riding skateboards or using rollerskates or rollerblades for
recreation; and
WHEREAS, pedestrians are not sufficiently observant of persons riding
skateboards, rollerskates or rollerblades; and persons riding skateboards, rollerskates
or rollerblades are not sufficiently observant of pedestrians, to remove the
possibility of collisions and personal injuries resulting therefrom; and
WHEREAS, after careful study, the Euless City Council has found and
determined that the potential for injury to unsuspecting pedestrians and property
justifies the restrictions imposed hereby upon persons riding skateboards, rollerskates
or rollerblades for recreation on City property.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS:
SECTION 1
That Article II "CRIM]NAL CODE" of Chapter 50 "OFFENSES" of the Code of
Ordinances of the City of Euless, Texas, as amended, be hereby amended by the
addition thereto of a new Section 50 -28 entitled "Skateboarding, rollerskating and
rollerblading prohibited in posted areas ", which new section shall hereafter be and
read as follows:
Section 50-28 Skateboarding, rollerskating and rollerblading prohibited in
posted areas.
(a) It shall be unlawful for any person to ride upon a skateboard, rollerskates
or rollerblades upon any paved areas of property owned by the City of
Euless upon which signs are prominently posted, as provided below,
expressly prohibiting such conduct.
ORDINANCE NO. 1209 PAGE 1
(b) Signs designating paved areas of City property upon which skateboarding,
rollerskating and rollerblading are to be prohibited shall be prominently
posted in a place or in sufficient places calculated to come to the
attention of a child of tender years, of average intelligence, education
level and eyesight. Such signs shall be not less than twelve (12) inches in
height, with the words "NO SKATEBOARDING" "NO ROLLERSKATING"
and "NO ROLLERBLADING" displayed at the top of the sign in letters not
less than two (2) inches in height, in a bold color sharply contrasting with
the background color of the sign. Such sign shall also contain the following
language, in letters not less than three— quarter (3/4) inch in height
"Skateboarding, rollerskating and rollerblading in this area are prohibited
by City Ordinance No. 1209 . Violators are subject to a fine of up to
$500.00."
(c) Any person found guilty in Euless Municipal Court of violating the
provisions of this section shall be fined in an amount not less than $1.00
nor more than $500.00 for each violation.
SECTION 2
Penalty for Violation. Any person, firm or corporation violating any of the
terms and provisions of this ordinance shall be deemed guilty of a misdemeanor and,
upon conviction thereof, shall be fined in an amount not to exceed $500.00. Each
such violation shall be deemed a separate offense and shall be punishable as such
hereunder.
SECTION 3
Severability Clause. That it is hereby declared to be the intention of the City
Council that the sections, paragraphs, sentences, clauses and phrases of this
ordinance are severable, and if any phrase, clause, sentence, paragraph or section of
this ordinance shall be declared invalid or unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such invalidity or unconstitutionality
shall not affect any of the remaining phrases, clauses, sentences, paragraphs and
sections of this ordinance, since the same would have been enacted by the City
Council without the incorporation in this ordinance of any such invalid or
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 4
Saving_ Clause. That Chapter 50 of the Code of Ordinances, City of Euless,
Texas, as amended, shall remain in full force and effect, save and except as amended
by this ordinance.
SECTION 5
Effective Date. This ordinance shall be in full force and effect from and after
its passage and publication as provided by the Euless City Charter and the laws of
the State of Texas.
ORDINANCE NO. 1209 PAGE 2
PRESENTED AND GIVEN FIRST READING and approved at a regular meeting
of the Euless City Council on the 13th day of August 1996; by a vote
of 6 ayes, 0 nays and 0 abstentions.
APPROVED:
ATTEST:
usan Uim, GMC, City Secretary
APPROVED AS TO FORM:
arland,
62eullib/072596
M MAW
Mayor
ORDINANCE NO. 1209 PAGE 3