HomeMy WebLinkAboutOrdinance No. 598 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 AMENDING SECTION 14-6 RELATING TO UNLAWFUL
ACTS WITHIN A CITY PARK BY ADDING A NEW
SUBSECTION (21) PROHIBITING THE USE OF ANY
RADIO CONTROLLED AIRPLANE WITHIN A CITY PARK;
AMENDING CHAPTER 13 OF THE SAID CODE RELATING
TO MISCELLANEOUS OFFENSES BY ADDING A NEW
SECTION 13-8 PROHIBITING AERONAUTICAL DEVICES
ON ATHLETIC FIELDS, SCHOOL GROUNDS AND WITHIN
300 FEET OF ANY RESIDENCE; PROVIDING A
SAVINGS CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE
SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR
EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED EACH DAY DURING OR ON WHICH
A VIOLATION OCCURS; DECLARING AN EMERGENCY
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of The Colony, Texas (the "City") is
authorized and empowered to operate and maintain parks
(~331.001(a), Tex. Loc. Gov. Code Ann. (Vernon), as amended)
and to enforce ordinances necessary to protect health, life,
and property and to preserve the security of the inhabitants of
the City (§54.004, Tex. Loc. Gov. Code Ann. (Vernon)) as
amended); and '
WHEREAS, the City Council hereby finds that the adoption
of this ordinance is in the best interests of the health,
safety and welfare of the citizens of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
Section 1. That all of the above premises are found to
be true and correct and are incorporated into the body of this
ordinance as if copied herein in their entirety.
Section 2. That Chapter 14 of the Code of Ordinances
of the City of The Colony relating to parks and recreation is
hereby amended in the following particulars, and that all other
chapters, articles, sections, subsections, paragraphs,
sentences, phrases and words of the said Code are not amended
but are hereby ratified, verified, approved and affirmed:
A. That Section 14-6 relating to unlawful acts is
amended by adding a new subsection (21) to read as follows:
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"Sec. 14-6.
Within the limits of any city park, it shall
be unlawful for any person to do any of the
acts hereinafter specified, except as may be
otherwise provided:
(21) To use any remote controlled or radio
controlled airplane or other aeronautical
device."
Section 3. That Chapter 13 of the Code of Ordinances
of the City of The Colony relating to offenses and
miscellaneous provisions is hereby amended in the following
particulars and that all other chapters, articles, sections,
subsections, paragraphs, sentences, phrases and words of the
said Code are not amended but are hereby ratified, verified,
approved and affirmed:
A. That a new Section 13-8 relating to use of radio
controlled airplanes shall be added to read as follows:
"Sec. 13-8. Aeronautical Devices.
"It shall be unlawful for any person to use
any remote controlled or radio controlled
airplane or other aeronautical device in,
upon or over any athletic field or school
area within the city or within 300 feet of
any residence."
Section 4. This Ordinance shall be cumulative of all
other ordinances of the City of The Colony, Texas, 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 5. If any section, article, paragraph,
sentence, clause, phrase or word in this ordinance, or
application thereto any person or circumstances is held invalid
or unconstitutional by s 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.
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Section 6. Any per~n 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
Five Hundred Dollars ($500.00) and a separate offense shall be
deemed co~itted upon each day during or on which a violation
occurs or continues.
Section 7. The fact that the present ordinance 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 i~ediate 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 passage, and it
is accordingly so ordained.
PASSED AND APPROVED by~e City ~of the City of
The Colony, Texas this the //Z~day of ~ , 19__.
Mayor, ~ty of he ColOny, Texas
City Secretary
City of The Colony, Texas
[ SEAL ]
APPROVED AS TO FORM:
City Attorney
City of The Colony, Texas
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