Ord. 0692 05-08-95ORDINANCE NO. 692
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, DECLARING IT UNLAWFUL FOR ANY PERSON TO OPERATE,
DRIVE, RIDE, PUSH, PARK, OR OTHERWISE CONTROL A MOTOR
VEHICLE UPON THE GROUNDS OF ANY CITY PARK OR UPON ANY
MUNICIPALLY OWNED PROPERTY THAT IS NOT A PAVED ROADWAY,
A CLEARLY DESIGNATED PARKING AREA, OR AN AREA OTHERWISE
DESIGNATED FOR THAT PURPOSE; DECLARING AN EMERGENCY, AS
THE NEED TO ESTABLISH CLEARLY DEFINED REGULATION OF MOTOR
VEHICLES IN PARKS AND UPON MUNICIPALLY OWNED PROPERTY
BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE
CITIZENRY; PROVIDING A PENALTY FOR VIOLATION; HAVING A
SAVINGS CLAUSE, A REPEALER CLAUSE, A SEVERABILITY CLAUSE;
PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Pearland, Texas,
hereby finds and determines that operating motor vehicles in areas
of City parks and municipally owned property other than those
designated for the same can represent a real and dangerous safety
hazard, and can cause destruction to property, which affects the
health, safety, and welfare of the citizens of Pearland, Texas; and
WHEREAS, the City Council of the City of Pearland, Texas,
hereby finds and determines that the prohibition of motor vehicles
in certain areas of City parks and municipally owned property is
consistent with the duties and responsibilities of the City of
Pearland, Texas, to its citizens, and is appropriate for the
preservation and future development of City parks and other
municipally owned property benefitting the welfare of those
citizens; now, therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. It shall be unlawful for any person to operate,
drive, ride, push, park, or otherwise control a motor vehicle upon
the grounds of any City park or upon any municipally owned property
that is not a paved roadway, a clearly designated parking area, or
an area otherwise designated for that purpose.
Section 2. For the purposes of this section, "motor vehicle"
shall mean any vehicle that is self-propelled, with not less than
two wheels, used for the transportation of persons or property,
including but not limited to, passenger cars, trucks, motorcycles,
all -terrain vehicles, mopeds, and dirt bikes.
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Section 3. Any person who shall violate the provisions of
this section shall be deemed guilty of a misdemeanor and shall,
upon conviction by a court of competent jurisdiction, be punished
by a fine of not less than One Dollar ($1.00) nor more than
Two Hundred Dollars ($200.00).
Section 4. All rights and remedies which have accrued in
favor of the City under this Chapter and amendments thereto shall
be and are preserved for the benefit of the City.
Section 5. If any section, subsection, sentence, clause,
phrase or portion of this Ordinance is for any reason held invalid,
unconstitutional or otherwise unenforceable by any court of
competent jurisdiction, such portion shall be deemed a separate,
distinct, and independent provision and such holding shall not
affect the validity of the remaining portions thereof.
Section 6. All ordinances and parts of ordinances in
conflict herewith are hereby repealed but only to the extent of
such conflict.
Section 7. It is the intent of the City Council of the City
of Pearland, Texas, that the provisions of this Ordinance shall be
codified in the City's official Code of Ordinances as provided
hereinabove.
Section 8. The City Council finds and determines that the
passage of this Ordinance bears directly upon the health, safety,
and welfare of the citizenry and shall therefore be adopted as an
emergency measure and that the rule requiring this Ordinance to be
read on two (2) separate occasions be, and the same is hereby,
waived.
Section 9. The City Secretary shall cause this Ordinance, or
its caption and penalty, to be published in the official newspaper
of the City of Pearland, at least once within ten (10) days after
its passage. This Ordinance shall then become effective ten (10)
days from and after its publication, or the publication of its
caption and penalty, in the official City newspaper.
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ORDINANCE NO. 692
PASSED and APPROVED ON FIRST AND ONLY READING this the day of
attAt,A. D., 1995.
MAYOR PRO TEM
ATTEST:
TOMMIE JEAN VIAL
INTERIM CITY SECRETARY
APPROVED AS 0 FORM:
Y MO i S M. CULLOUG
CITY A ' ORN: Y
VOTING RECORD (FIRST AND ONLY READING) MAY 8, 1995
Voting "Aye" - Councilmembers Smith, Miller, Weber, Richardson, and Tetens
Voting "No" - None
Motion Passed 5 to 0.
PUBLICATION DATE: MAY 10, 1995
EFFECTIVE DATE: MAY 20, 1995
PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND,
TEXAS
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