Ord. 0691 07-31-95ORDINANCE NO. 691
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, DECLARING IT UNLAWFUL FOR ANY PERSON TO OPERATE,
FLY, GLIDE, OR OTHERWISE CONTROL A POWER DRIVEN MODEL
AIRPLANE OR MODEL ROCKET IN ANY CITY PARK OR UPON ANY
MUNICIPALLY OWNED GROUNDS, EXCEPT IN AREAS CLEARLY
DESIGNATED FOR THAT PURPOSE; PROVIDING A PENALTY FOR
VIOLATION; HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE, A
SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION, PUBLICA-
TION AND AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Pearland, Texas,
hereby finds and determines
airplanes and model rockets
owned grounds can represent
that operating power driven model
in City parks and upon municipally
a real and dangerous safety hazard
which affects the health 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 power driven
model airplanes and model rockets in City parks and upon
municipally owned grounds, except in areas clearly designated for
that purpose, is consistent with the duties and responsibilities of
the City of Pearland, Texas, to its citizens, and is appropriate
for the present and future development of the Parks and Recreation
system 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,
fly, glide, or otherwise control a power driven model airplane or
model rocket in any City park or upon any municipally owned
grounds, except in areas clearly designated for that purpose.
Section 2. Any person who shall violate the provisions of
this
upon
section shall be deemed
conviction by a court of
guilty of a misdemeanor and shall,
competent jurisdiction, be punished
by a fine of not less than One Dollar ($1.00) nor more than
Two Hundred Dollars ($200.00).
Section 3. 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 4. If any section, subsection, sentence, clause,
phrase or portion of this Ordinance is for any reason held invalid,
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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 5. All ordinances and parts of ordinances in
conflict herewith are hereby repealed but only to the extent of
such conflict.
Section 6. 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 7. The City Secretary shall cause this Ordinance, or
its caption and penalty, to be published in the official newspaper
of the City of Pearland, upon passage of such Ordinance. The
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.
PASSED and APPROVED ON FIRST READING this theIday of
, A. D., 1995.
ICHA.RD TETENS
MAYOR PRO TEM
ATTEST:
A C. BE ITEZ
ITY SECRETARY
PA ED and APPROVED ON SECOND AND FINAL READING this the/4
day of , A. D., 1995.
RICHARD TETENS
MAYOR PRO TEM
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ORDINANCE NO. 691
ATTEST:
A--eaL6
YQ� A C. BENI' 'EZ
CITYY�SECRETARY
APP;' OVED AS TO FORM:
C L.
AMY T S McCU LOUGH
CITY TiORNEY
VOTING RECORD (FIRST READING) JULY 31, 1995
Voting "Aye: - Councilmembers Tetens, Cole,
Richardson, Weber, & Beckman
Voting "No" - None
Motion Passed 5 to 0.
VOTING RECORD (SECOND READING) AUGUST 14, 1995
Voting "Aye" - Councilmembers Tetens, Cole,
Richardson, Weber, & Beckman
Voting "No" - None
Motion Passed 5 to 0.
PUBLICATION DATE: AUGUST 23, 1995
EFFECTIVE DATE: SEPTEMBER 2, 1995
PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND.
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