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HomeMy WebLinkAboutORD 1378 - ORD Relating to Parks Hours and A Curfew ".: :1I!!D:!lIl!ll]HJI1..'..ILlIII : ....I.I~IIIII~lIll1lftill!~~lij :1".' 11.l....J!:.EJ1I ~ I r~-l -\- II , ,~ _lIL..l.rT~~ -~ L 256 l' " I J .l, ORDINANCE NUMBER:1378 - , AN ORDINANCE RELATING TO ,PARK HOURS AND A CURFEW; AMENDIING THE CODE OF ORDINANCES OF THE CITY OF WEST. UNIVERSITY PLACE, TEXAS:; AND CONTAINING FINDINGS .AND PROVISIONS, RELATING TO THE -SUBJECT. WHEREAS, the City Council has become concerned about reports of late-night basketball games in City parks, and the Council is also concerned about the possibility of other loud or boisterous activities during the night in the parks; and WHEREAS, the City's parks are located in the middle of otherwise-quiet residential neighborhoods, and it is essential to the peace and wellbeing of the nearby residents that the City's parks not be used for basketball or other loud or boisterous activites late at night; ,NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY U~I PLACE, TEXAS: Section 1. The Code of Ordinances of the City of .West University Place, Texas is hereby amended by adding thereto a new section 16-11, which new section shall read as follows: Sec. 16-11. Park Hours. (a) A curfew is hereby established each night between .the hours of 11:00 PM and 5:30 AM within the following: Colonial Park, Weir Park, Whitt Johnson Park, and Judson Park and all other areas hereafter formally dedicated for park purposes by ordinance duly adopted. (b) 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: (i) occupancy and use, to the extent expressly authorized by a permit issued under this section, are not prohibited, and (ii) 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.l I ~ [ [ Ordinance Number 1378 257 (c) It shall be an affirmative defense to prosecution that a person occupying or travelling 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) The City Manager, or the City Manager's designee, may issue permits for the use and occupancy of the areas for which a curfew is established. A permit 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. Section 2. All ordinances and parts of ordinances in conflict herewith are hereby 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, the remainder of this ordinance and the application of such word, phrase, clause, sentence, paragraph, section or other part of this ordinance to any other persons or circumstances shall not 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 Open Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, 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 on the tenth day following its publication, as required by Section 2.12 of the City Charter. PASSED AND APPROVED ON FIRST READING, this the 27th day of August , 1990. Voting Aye: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson Voting No: Absent: None None fi I ii-iii' I i I, ,I, JiHllll!l I." mnrnllllllll11J:1I1~II' IITliTIEFTfr1iIlrnnJ;nillmlF' ' , , :! [III !ilIlIl!JlIIILlLJLlIII ,..JI'.llIIlhlllllil~ t 'lLJmIC,::::J._T "~ ~~~ -::m=r:I' " , '-a Ordinance Number 1378 PASSED AND APPROVED ON SECOND READING, this the 10th day of September , 1990. Voting Aye: Voting No: Absent: Signed: Laura C. Higley, Mayor ATTEST: Audrey Nichols City Secretary Approved as to Form: (SEAL) James L. Dougherty, Jr. City Attorney i.., 258 I I , ~ ------, , I I ~, '-----'