HomeMy WebLinkAboutORD 1378 - ORD Relating to Parks Hours and A Curfew
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ORDINANCE NUMBER:1378
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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
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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
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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
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258
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