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HomeMy WebLinkAboutOrdinance No. 441 CITY OF THE COLONY, TEXAS ORDINANCE NO. ~-~ AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES OF THE CITY RELATING TO PARKS AND RECREATION BY A- MENDING SECTION 14-7 THEREOF, THE SAME BEING SECTION 1 OF ORDINANCE NUMBER 242 OF THE CITY, RELATING TO USER FEES; REQUIRING THAT PERMITS ACQUIRED AUTH- ORIZING THE USE OF CITY PARKS BE DISPLAYED IN PLAIN VIEW ON THE MOTOR VEHICLE OF A PERSON USING THE PARK; AMENDING SECTION 14-8 OF CHAPTER 14, THE SAME BEING SECTION 2 OF ORDINANCE NUMBER 242 OF THE CITY, RELATING TO A PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO HUNDRED ($200.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; DECLARING AN EMER- GENCY AND PROVIDING AN EFFECTIVE DATE. 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 in the following particulars, and that all other chapters, sections, subsections, paragraphs, sentences, words and phrases of said Code of Ordinances are not amended but are hereby ratified, verified, approved and affirmed: A. That Section 14-7 of Chapter 14, the same being Section 1 of Ordinance number 242 of the City, relating to user fees is hereby amended to read as follows: "Sec. 14-7. User fees. "The city council shall, from time to time, be authorized to adopt user fees by resolution for certain park and recreational facilities uses within the city. Such user fees shall be posted within the specific park or recreational facility to which they apply in the same manner as the rules and regulations authorized in section 14-4, and any person using any such park or recreational facility without having first paid such user fees and having secured any necessary permit in connection therewith, shall be guilty of a misdemeanor and subject to the penalties provided for in this chapter. "A permit acquired for the use of a city park and recreation facility in accordance with this section shall be displayed in plain view on the motor vehicle owned or operated by a person using the said facility." B. That Section 14-8 of Chapter 14, the same being section 2 of Ordinance number 242 of the City, relating to a penalty is hereby amended to read as follows: "Any person, firm, corporation, partnership, association or other entity recognized in law violating any provision of this chapter shall be deemed guilty of a misdemeanor, and shall upon conviction thereof be fined in a sum not to exceed Two Hundred Dollars ($200.00), and a separate offense shall be deemed com- mitted each day during or on which a violation occurs or continues." Section 2. That 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 3. If any section, article, paragraph, sentence, clause, phrase or word in this 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 the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 4. Any parson violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine in a sum not to exceed 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 or continues. Section 5. The fact that the present ordinances and regulations of the City of The Colony, Texas, are inadequate to properly safeguard the health, safety, morals, peace, and general welfare of the inhabitants of the City of The Colony, Texas, 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 become effective from and after the date of its passage and it is accordingly so ordained. PASSED AND APPROVED by the City Council of the City of The Colony, Texas on this the.~bday of ~PT~_~Ei~ , 1986. ~vlayo~ City oI The Colony, Texas ATTEST: City Secretary~ City of The Colony, Texas [SEAL] APPROVED AS TO FORM: City Attorney, City of The Colony, Texas