HomeMy WebLinkAboutOrdinance No. 04-1557 CITY OF THE COLONY, TEXAS
ORDINANCE NO. 04-1557
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS
AMENDING THE CODE OF ORDINANCES, AS AMENDED, BY
AMENDING SECTION 18-29.1 BY ADDING SUBSECTION 18-29.1.1 TO
PROVIDE FOR OBSTRUCTIONS OF STREETS, ALLEYS, SIDEWALKS,
PARKWAY AREAS AND PUBLIC GROUNDS; PROVIDING A SAVINGS
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY UPON CONVICTION IN AN AMOUNT NOT TO EXCEED
FIVE HUNDRED DOLLARS ($500.00) AND A SEPARATE OFFENSE
SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON
WHICH A VIOLATION OCCURS OR CONTINUES; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, permanent and temporary obstructions, including but not limited to
basketball goals, lumber, vehicles, skate ramps, boxes, posts, fences and soccer goals, are often
times placed in and upon public property; and
WHEREAS, the City of The Colony desires to prevent obstructions upon its streets,
alleys, sidewalks, parkway areas and public grounds; and
WHEREAS, the City Council, after discussion and consideration, has determined that it
is in the best interest of the public safety and welfare to amend the Code of Ordinances to
prohibit such obstructions upon streets, alleys, sidewalks, parkway areas and public playgrounds
within the City;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated herein and
made a part hereof for all purposes.
SECTION 2.
AMENDMENT
That the Code of Ordinances be, and the same is, hereby amended by amending Section
18-29.1 by adding Subsection 18-29-. 1.1 to provide for prohibited obstructions of streets, alleys,
sidewalks, parkway areas or public grounds, as follows:
"18-29.1 Unauthorized use of public rights-of-way.
18-29.1.1 Obstruction of streets, alleys, sidewalks, parkway areas or public grounds.
(a) It shall be unlawful for any person to obstruct or encumber, in whole or in part, any
portion of any public street, alley, sidewalk, or other public property in the City with any
item, whether temporary or permanent, including but not limited to, lumber, boxes, posts,
fences, basketball goals, soccer goals, skate ramps, and vehicles, unless authorized by
City ordinance or State law.
(b) In addition to the penalty provided for herein, in thc event that any person violates the
provisions of this section, the City has the right to remove any such obstruction or
encumbrance. The costs, charges, and expenses incurred by the City in the removal,
storage or disposal of thc obstruction or encumbrance shall bca charge to and personal
liability of the violator."
SECTION 3.
SAVINGS CLAUSE
That thc Code of Ordinances of the City of The Colony, as amended shall remain in full
force and effect, save and except as amended by this ordinance.
SECTION 4.
SEVERABILITY CLAUSE.
The sections, paragraphs, sentences, phrases, clauses and words of this ordinance are
severable, and if any section, paragraph, sentence, phrase, clause or word in this ordinance or
application thereof to 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 that it would have passed such remaining
portions of this ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 5.
PENALTY.
It shall be unlawful for any person to violate any provision of this Ordinance, and any
person violating or failing to comply with any provision hereof shall be fined, upon conviction,
in an amount not more than Five Hundred Dollars ($500.00), and a separate offense shall be
deemed committed each day during or on which a violation occurs or continues.
SECTION 6.
EFFECTIVE DATE.
This Ordinance shall become effective from and after its date of adoption on September
1, 2004.
PASSED AND APPROVED by the City Council of the City Colony, Texas this the 7th day of
June, 2004.
APPROVED:
/s/ Christie Wilson, City Secretary
City of The Colony, Texas
APPROVED AS TO FORM:
/s/Robert E. Hager,City Attorney
City of The Colony, Texas
(JG/cdb [6/8/04163721)