HomeMy WebLinkAboutORD 1919 Amending Chapter 58 relating to Parks Curfew and Park Name ChangesCity of West University Place
Harris County, Texas
ORDINANCE NUMBER 1919
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS, AMENDING CHAPTER 58, PARKS AND
RECREATION, ARTICLE I., IN GENERAL, AND ARTICLE VI., SPECIFIC
PARKS, OF THE CODE OF ORDINANCES OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS, BY AMENDING SECTION 58-2 TO
CLARIFY THE APPLICATION OF PARK CURFEW HOURS AND BY
AMENDING SECTION 58-135 TO IDENTIFY THE PROPERTY
PREVIOUSLY DEDICATED AS RICE BOULEVARD POCKET PARK AS
FRIENDS PARK, AND CONTAINING FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WEST UNIVERSITY PLACE, TEXAS, THAT:
Section 1. Chapter 58, Parks and Recreation, Article I., In General, and
Article VI., Specific Parks, of the Code of Ordinances of the City of West University
Place, Texas, are amended by the repeal of Sections 58-2 and 58-135, and the
adoption of new Sections 58-2 and 58-135 to read as set out in Appendix A, attached
hereto and made a part hereof. All other portions of Chapter 58 of the Code of
Ordinances not specifically amended by this ordinance shall remain in full force and
effect.
Section 2. All ordinances and parts of ordinances in conflict with this
Ordinance are repealed to the extent of the conflict only.
Section 3. If any word, phrase, clause, sentence, paragraph, section or other
part of this Ordinance or the application thereof to any person or circumstance, shall
ever be held to be invalid or unconstitutional by any court of competent jurisdiction,
neither the remainder of this Ordinance, nor the application of such word, phrase,
clause, sentence, paragraph, section or other part of this Ordinance to any other
persons or circumstances, shall be affected thereby.
Section 4. The City Council officially finds, determines and declares that a
sufficient written notice of the date, hour, place and subject of each meeting at which
this Ordinance was discussed, considered or acted upon was given in the manner
required by the Texas Open Meetings Act, as amended, and that each such meeting
has been open to the public as required by law at all times during such discussion,
consideration and action. The City Council ratifies, approves and confirms such notices
and the contents and posting thereof.
Section 5. This Ordinance takes effect immediately upon its passage and
adoption on second reading.
PASSED, APPROVED AND ADOPTED ON FIRST READING on the 8th day
of March 2010.
PASSED, APPROVED AND ADOPTED ON SECOND READING, AND SIGNED,
on the 22nd day of March 2010.
City Secretary
Recommended:
/'gsy U
ti
As
r
City Manager
Mayor
Approved as to legal form:
City Attorney
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Appendix A
(Amended Chapter 58, Parks and Recreation, Article I. In General, and Article
VI. Specific Parks, Code of Ordinances)
Sec. 58-2. Park and playground hours; curfew.
(a) Curfew.
(1) In General. A curfew is hereby established each night between the hours
of 10:00 p.m. and 7:00 a.m. within the following: Colonial Park, Weir Park, Whitt
Johnson Park, Judson Park, Huffington Park, Liberty Hill Park, Friends Park, the West
University Place Recreation Center and all other areas in the city limits hereafter
formally dedicated for park purposes by ordinance duly adopted, and in the HISD
licensed area.
(2) Exception. The West University Place Recreation Center may open
between the hours of 5:00 a.m. and 7:00 a.m. for regularly scheduled activities if
authorized to do so by the Parks Director and the City Manager. Colonial Park Pool
may open between the hours of 5:00 a.m. and 7:00 a.m. for regularly scheduled
activities if authorized to do so by the Parks Director and the City Manager.
(b) Conduct unlawful. During the hours of curfew established by this section, it
shall be unlawful for any person to occupy or travel through any of the areas for which a
curfew is established by this section, except:
(1) Occupancy and use, to the extent expressly authorized by a permit issued
under this section, are not prohibited; and
(2) This subsection does not apply to city officers, agents or employees, law
enforcement personnel, emergency medical personnel, firefighters or utility
maintenance personnel, while they are performing the duties of their respective
positions.
(c) No-disturbance defense. It is an affirmative defense to prosecution under
this section that a person occupying or traveling through an area subject to curfew
made no noise and engaged in no other activity that could disturb the sleep of a person
of ordinary sensibilities in any nearby residence.
(d) After-hours permits. It is an affirmative defense to prosecution under this
section that a valid after-hours permit authorized the conduct in question. Such permits
may be issued by the responsible official designated under chapter 66. After-hours
permits may only be issued for special or unanticipated activities for which there is no
practical alternative area available. Each permit shall prescribe and limit the allowable
use and occupancy to the minimum area, the minimum time and the minimum level of
activity practicable under the circumstances.
Sec. 58-135. Friends Park
The property described as follows is dedicated as a public park: lot 1, block 1 of
Pershing Place, section one, a subdivision located in the City of West University Place,
Harris County, Texas (which property is a single lot with a width of approximately 58.5
feet and a depth of approximately 124 feet, located at the southeast corner of the
intersection of Rice Boulevard and Auden Street and known as 3771 Rice Boulevard),
but excluding any existing streets, easements or rights-of-way.
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