HomeMy Public PortalAboutOrdinance No. 729-94 07-26-1994 ORDINANCE NO. 729-94
AN ORDINANCE AMENDING CHAPTER 7 "OFFENSES AND
NUISANCES" OF THE CODE OF ORDINANCES, CITY OF RICHLAND
HILLS, TEXAS, BY THE ADDITION THERETO OF A NEW SECTION 17
"REGULATIONS FOR USE OF CITY PARKS," BY ESTABLISHING THE
HOURS OF OPERATION DURING WHICH THE PUBLIC MAY USE
PARK FACILITIES; CREATING AN OFFENSE FOR VIOLATION OF
SUCH HOURS; PROVIDING A PENALTY OF UP TO $500.00 PER DAY
FOR EACH VIOLATION; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVING CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Richland Hills is charged with the responsibility of providing City
Parks for the citizens of Richland Hills.
WHEREAS, the incidence of vandalism and wanton destruction have increased;
WHEREAS, the expenses of maintaining City Parks has increased as a result of this abuse;
WHEREAS, the incidence of loitering and general disorderly conduct has increased in City
Parks.
WHEREAS, the City of Richland Hills is charged with the responsibility of protecting these
parks;
WHEREAS, the City Council of the City of Richland Hills deems the following regulations
necessary to reduce park maintenance and to afford the general public use of City Parks without
fear of personal injury resulting from careless or wanton acts of persons who, by their very
conduct abridge the general public's enjoyment of said facilities;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
RICHLAND HILLS, TEXAS:
I.
That Chapter 7 "OFFENSES AND NUISANCES" of the Code of Ordinances, City of
Richland Hills, Texas as amended, be hereby amended by the addition thereto of a new Section
17 "REGULATIONS FOR USE OF CITY PARKS" which shall hereafter be and read as
follows:
i
ORDINANCE N0. 729-94 PAGE 1
Section 17: REGULATIONS FOR USE OF CITY PARKS.
• A. It shall be unlawful for any person to enter any portion of a park or
recreation area which is designated as restricted, or to enter or remain in
any area during the hours of the day when such area is not open to the
public where there is notice thereof by signs posted or by oral or written
communication by a city employee.
B. Any municipal park, section or part thereof may be declared closed to the
public by the City Manager, or designee, or a law enforcement officer at
any time and for any interval of time on a temporary basis (daily or
otherwise), either entirely or merely to certain uses, as the City Manager,
or designee, or law enforcement officer shall find reasonably necessary.
C. Special permission may be granted by the City Manager or designee, for
organized sports or special events which may last past the hour of closing,
in which case any park containing the permitted activities shall remain
open until the activity shall cease, at which time the park shall be closed.
No person other than law enforcement personnel or park employees shall
enter or remain in a park at a time when it is closed.
II.
• Penalty Clause. Any person violating or failing to comply with the provisions of this
Ordinance, as listed above, shall be deemed guilty of a misdemeanor and each day any violation
or noncompliance continues shall constitute a separate and distinct offense and upon conviction
thereof such person(s) shall be fined not less than one ($1.00) Dollar nor more than five hundred
($500.00) Dollars per day.
III.
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.
IV.
Saving Clause. That Chapter 7 of the Code of Ordinances, City of Richland Hills, Texas
as amended, shall remain in full force and effect, save and except as amended by this ordinance.
•
ORDINANCE N0. 729-94 PAGE 2
V.
• Effective Date. This ordinance shall be in full force and effect from and after its passage
and publication as provided by the Richland Hills City Charter and the laws of the State of
Texas.
PRESENTED, GIVEN FIRST READING AND APPROVED at a regular meeting of the
Richland Hills City Council on the 26th day of July 1994, by a vote of 5 ayes, ~
nays, and ~ abstentions.
APPROVED:
G
C.F. Kelley, Mayor
ATTEST:
•
Tern Willis, ity Secretary
APPROVED AS TO FORM:
t
aul F. Wieneskie, City Attorney
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ORDINANCE NO. 729-94 PAGE 3