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HomeMy WebLinkAboutOrdinance No. 340 CITY OF THE COLONY, TEXAS ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS BY AMENDING CHAPTER 14 RELATING TO PARKS AND RECREATION BY AMENDING SECTION 14-1 RELATING TO DEFINITIONS BY ADDING DEFINI- TIONS AND BY AMENDING SECTION 14-6 RELATING TO UN- LAWFUL ACTS BY ADDING NEW SUBSECTIONS (19) AND (20); PRESERVING ALL OTHER ORDINANCES RELATING TO PARKS AND RECREATION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF NOT MORE THAN TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That Chapter 14 of the Code of Ordinances of the City of The Colony, Texas (the "City") relating to parks and recreation is hereby amended by adding definitions to Section 14-1, as follows: "Althletic field: Any field located in the City which is designated an athletic field by the director of parks and recreation, which fields shall include any stands, bleachers, dugouts, sideline areas or any areas which may actually have athletic play conducted thereon, such athletic play including but not limited to football, soccer, baseball and softball. "Alcoholic beverage: Alcohol and any beverage containing more than one-half (1/2)of one (1) per cent of alcohol by volume which is capable of use for beverage purposes, either alone or when diluted." Section 2. That Chapter 14 of the Code of Ordinances of the City is hereby amended by amending Section 14-6 relating to unlawful acts by adding new subsections (19) and (20) which shall read as follows: "(19) For any person to possess or consume any alcoholic beverage on any athletic field in the City. "(20) For any person to possess any glass container within any park designated as an athletic facility by the Director of Parks and Recreation of the City, such athletic facility to include the athletic fields, parking lots, playground areas, and all other areas or structures within the boundaries of any park designated as an athletic facility." Section 3. This ordinance shall be cumulative of all other ordinances of the City affecting parks and recreation, and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 4. If any section, article, paragraph, sentence, clause, phrase or word in thise ordinance, or application thereto any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of this ordinances despite such invalidity, which remaining portions shall remain in full force and effect. Section 5. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Hundred Dollars ($200.00) and a separate offense shall be deemed committed upon each day or on which a violation occurs or continues. Section 6. The fact that the present ordinances and regulations of the City are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage and publication as provided by law, and it is accordingly so ordained. PASSED AND APPROVED on the [,_0 day of ~'~ , 1985. (~ ~ii of Th~Colony, Te-f~ -~ ATTEST: City SeCret;y, Ci'ty of The Colony, Texas [SEAL] OVED AS TO FO~~~'~ City ~hq~ColG'ny, Texas