HomeMy WebLinkAbout1728 03-14-2006ORDINANCE NO. 1728
AN ORDINANCE AMENDING SECTION 54 -32 "HOURS OF
OPERATION; POSTING OF SIGNS" OF CHAPTER 54
"PARKS, RECREATIONAL AND CULTURAL FACILITIES"
OF THE CODE OF ORDINANCES OF THE CITY OF
EULESS, TEXAS, AS AMENDED, TO CREATE AN
OFFENSE FOR PERSONS REMAINING IN CITY PARKS
AND PLAYGROUNDS AFTER PERMITTED HOURS;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVING CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, the Euless City Council has the authority to set hours and seasons
of use for parks, playgrounds, and recreational facilities within the City of Euless; and
WHEREAS, it is necessary for the proper enforcement of these hours of use
provisions to provide for enforcement thereof by law enforcement personnel; and
WHEREAS, the Code of Ordinances of the City of Euless, Texas, does not
currently provide that remaining in a park, playground, or city recreational facility after
hours is an offense and can be prosecuted as such in the Euless Municipal Court; and
WHEREAS, the City Council of the City of Euless, Texas, now finds and
determines that the health, safety and general welfare of the citizens of the City of
Euless would be promoted by establishing such enforcement mechanisms.
NOW, THEREFORE, BE ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS:
THAT Section 54 -32 "Hours of Operation; Posting of Signs" of Article II
"ADMINISTRATION" of Chapter 54 "PARKS, RECREATIONAL AND CULTURAL
FACILITIES" of the Code of Ordinances of the City of Euless, Texas, as amended, be
hereby amended by the addition of a new subsection (c) thereto, which new subsection
shall hereafter be and read as follows:
(c) It is hereby declared to be unlawful for any person or persons to be or
remain in any city park or playground in any hours or seasons other than
those listed as provided herein above as hours or seasons during which
the parks or playgrounds may be used. Any person or persons remaining
in or coming into a city park, playground, or any facilities therein during
the hours or seasons in which said park, playground, or facility is not
open for public use shall be guilty of an offense and shall be punished as
provided in Section 1 -12 of this code for each such offense.
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.
Saving Clause. That Chapter 54 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.
IV.
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.
PRESENTED AND GIVEN FIRST AND FINAL READING and approved at a
regular meeting of the Euless City Council on the 14th day of March, 2006, by a vote of
6 ayes, o nays and o abstentions.
APPROVED:
Mary Lib aleh, Mayor
ATTEST:
Su an CrirA, TRMC, City Secretary
Ordinance No. 1728, Page 2 of 2
APPROVED AS TO FORM:
- -03
��sario'
B& McFarland, City Attorney