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Home My Public Portal AboutOrdinance No. 1086-07 06-12-2007 • CITY OF RICHLAND HILLS ORDINANCE NO. 1086-07 AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS AMENDING SECTION 70-162 OF THE CITY CODE TO ENACT ADDITIONAL REGULATIONS REGARDING USE OF CITY PARKS, TO PROVIDE FOR EXPULSION, SUSPENSION OR REVOCATION OF PARK PRIVILEGES, AND OTHER REMEDIES, AND TO PROVIDE FOR AN APPEAL ,PROCESS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Richland Hills is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council has determined that the threat of violence, intimidation, gang activity, and other crime by persons utilizing the City parks; and WHEREAS, the City Council wishes to provide for the protection of the public utilizing the parks, especially children and the elderly, so that the public may use the park without unreasonable fear, and • WHEREAS, the City Council also wishes to provide for the protection of the general public from threats of threat of violence, intimidation, gang activity, and other crime; and WHEREAS, although the parks should be available to the residents and citizens of the City and the general public, persons, including minors, who have a history of unreasonable and undesirable behavior constitute a threat and a public nuisance to others, so that enacting reasonable restrictions on the use of the parks by such persons is in the public interest; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. AMENDMENT OF SECTION 70-162 TO ADD REGULATIONS FOR USE OF CITY PARKS Section 70-162 of Article IV, Division 2, of Chapter 70 of the Richland Hills City Code is hereby amended by the addition of the following subsections, to provide as follows: (h) No person in any City park shall engage in any activity which will unreasonably interfere with or detract from the public health, safety, welfare, use or enjoyment of such parks. Conduct that unreasonably disturbs any citizen or members of the public in the park, or that hinders such persons from using the parks is prohibited. No person • may physically, verbally, or with gestures, threaten, disrupt, abuse, assault or otherwise intimidate another person in a park. (i) Alcohol, illegal drugs, firearms, knives, and weapons of any kind, are strictly forbidden anywhere in the City parks and other City recreational facilities: (j) To insure that all citizens and members of the public may have a reasonable opportunity to enjoy the use of the parks, all persons must comply with the terms of these regulations at all times. These regulations may be enforced by the City Police Department whenever necessary. (k) Any violation of any of these regulations, or of state law or city ordinance in the parks may result in disciplinary action being taken against the person violating such regulation, law or ordinance, including but will not limited to any of the following: (1) a warning; (2) expulsion from the property by order of a member of the police department, (3) having the privilege to use or be in the City parks suspended or permanently revoked, and being temporarily or permanently banned from the City parks and other recreational facilities, at the reasonable discretion of the Chief of Police or the Chief of Police's designee; and (4) for violation of any criminal law or ordinance, arrest or the issuance of a criminal citation, as may be determined appropriate by the City Police Department. • (1) Any person whose privilege to use or be in the City parks is suspended or permanently revoked, and who has been temporarily or permanently banned from the City parks, may appeal such suspension or permanent ban to the City Manager by submitting a notice of appeal in writing to the City Secretary within ten (l0) days of such suspension or permanent ban. The decision of the City Manager shall be final. SECTION 2. PROVISIONS CUMULATIVE This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Richland Hills, Texas, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3. PROVISIONS SEVERABLE It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such 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 unconstitutional phrase, • clause, sentence, paragraph or section. • SECTION 4. RIGHTS AND REMEDIES SAVED All rights and remedies of the City are expressly saved as to any and all violations of the provisions of the City Code amended or revised herein, or any other ordinances affecting the matters regulated herein which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 5. PUBLICATION The City Secretary of the City of Richland Hills is directed to publish the caption, publication clause and effective date of this Ordinance to the extent required by law. SECTION 6. PUBLICATION IN BOOK OR PAMPHLET FORM The City Secretary of the City of Richland Hills is hereby authorized to publish this ordinance and the exhibits to this ordinance in book or pamphlet form for general distribution among the public, • and the operative provisions of this ordinance and the exhibits to this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 7. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON THIS ~~DAY OF -~,~,.r.~.~ , 2007. ONORABLE DAVID GAN, MAYOR ATTE T: DA ANTU, CITY SECRETARY EFFECTIVE DATE: ~J p • • APPROVED TO FORM AND LEGALITY: Jt~y~,, TIM G. SRALLA, CITY ATTORNEY • • INVOICE ~at~ °t;ly. Star-Telegram Customer ID: CN08 400 W. 7TH STREET Invoice Number: 285340731 FORT WORTH, TX 76102 (817) 390-7761 Invoice Date: 6/18/07 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 6/30/07 Bill To: PO Number: CITY OF RICHLAND HILLS 3200 DIANA DR Order Number: 28534073 RICHLAND HILLS, TX 76118-6237 Sales Rep: 073 Description: City of Richland Hill Attn DEBBIE JOHNSON Publication Date: 6!18/07 Descri tion ~ ~ ~ Location ..Col Depth Lint~ge' ~wIU Rate Amount p City of Richland Hills Orr o aina ~e'rio. I3580 1 39 39 LINE $0.53 $20.67 1086-07 AN ORDINANCE ~OF THE CITY OF RICH- LAND HILLS, TEXAS AMENDING SEC- TION 70-162 OF THE CITY CODE TO BEN- Net Amount: $2.67 ACT ADDITIONAL . REGULATIONS RE- GARDING USE , OF CITY PARKS TO PROVIDE ESCPUL- SION SUSPENSION OR REVOCATION OF PARK PRIVILEGES, AND OTHER REME- DIES, AND TO PROVIDE FOR AN APPEAL PROCESS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMU- LATIVE OF AL•L ORDINANCES• PRO- VIDING A S~EVER- ABILITY CLAUSE; PROVIDING A SAV- INGS CLAUSE; PROVIDING FOR PUBLICATION AS ,.o~q~?y~ REQUIRED BY LAW; CHRISTY L. NOLLAivO AND PROVIDING AN Passed nd apv oveEd ,fix? MY GOMMIg51pN EYPI~E ~ on the 12th day of ",,e o ~ ~E+•~ JUIy ~I ~8 I June, 2007. ; i THE STATE OF TEXAS County of Tarrant - Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star-Telegram, published by the Star-Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 390-7501 Signed SUBSCRIBED AND SWORN TO BEFORE ME, THIS Thursday, Ju 21 0 Notary Public ~ L-~-t t Thank You For Your Payment Remit To: Star-Telegram Customer ID: CILT08 P.O. BOX 901051 Customer Name: CITY OF RICHLAND HILLS FORT WORTH, TX 76101-2051 Invoice Number: 285340731 Invoice Amount: $20.67 PO Number: Amount Enclosed: ~