HomeMy WebLinkAbout1763 11-28-2006ORDINANCE NO. 1763
AN ORDINANCE AMENDING SECTION 54 -32, "HOURS OF
OPERATION; POSTING OF SIGNS ", AND ADDING
SECTION 54 -33, "HOURS OF OPERATION; POSTING OF
SIGNS ", TO THE CODE OF ORDINANCES OF THE CITY OF
EULESS, TEXAS; ESTABLISHING PARK CURFEW HOURS;
PROHIBITING SWIMMING, BOATING AND OTHER
ACTIVITIES IN OR ON BODIES OF WATER WITHIN CITY
PARKS OTHER THAN SWIMMING POOLS; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVING CLAUSE
AND AN EFFECTIVE DATE.
WHEREAS, the Director of Parks and Leisure Services has previously erected signs
at certain city parks and recreational areas designating hours of operation; and
WHEREAS, it has become necessary for Euless Police Officers to have the ability to
issue citations enforceable in Municipal Court to persons who violate these hours of use
restrictions; and
WHEREAS, there exist within some city parks and recreation areas ponds, lakes
and other bodies of water which are not suitable for recreation purposes; and
WHEREAS, the Euless City Council finds and determines that public health and
safety considerations require that swimming, boating and other recreational uses which
involve or may involve persons entering said bodies of water should be prohibited.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EULESS,TEXAS:
SECTION 1
THAT Subsection (c) of 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 in its entirety to hereafter be and read as follows:
(c) It shall be an offense for any person to enter into or remain in a park or
playground within the city after the hours posted for use of such facility upon a
sign placed as specified in subsection (b) hereof.
SECTION 2
THAT 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 Section 54 -33, "SWIMMING AND
BOATING ACTIVITIES PROHIBITED ", thereto, which new subsection shall hereafter be and
read as follows:
SEC. 54-33 "Swimming and boating activities prohibited ".
It shall be unlawful and an offense under this code for any person to swim in or
operate or ride in any boat, canoe, kayak, any type of water craft or floatation device,
in or upon any pond, lake or other body of water within any city park or playground or
other city -owned property. This prohibition shall not apply to any public or private
swimming pool located within the city.
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 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.
SECTION V
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 APPROVED ON FIRST AND FINAL READING at a regular
meeting of the Euless City Council on the 28th day of November, 2006, by a vote of 7 ayes,
0 nays and 0 abstentions.
APPROVED:
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Mary Lib S61eh, Mayor
ATTEST:
c
an Cri TRMC, City Secretary
Ordinance No. 1763, Page 2 of 2
APFROVfD AS TO FORM:
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Bob McFarland, ii Attorney
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