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Ord. 0690 07-31-95ORDINANCE NO. 690 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DECLARING IT UNLAWFUL FOR ANY PERSON TO DRIVE, HIT, OR OTHERWISE PLAY GOLF 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 that playing golf in city parks and upon municipally owned grounds can represent 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 golf 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 drive, hit, or otherwise play golf 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 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 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, unconstitutional or otherwise unenforceable by any court of competent jurisdiction, such portion shall be deemed a separate, -1- 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 All ordinances and parts of ordinances in conflict herewith are hereby repealed but only to the extent of such conflict.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. /J PASSED and APPROVED ON FIRST READING this the l day of , A. D., 1995. ATTEST: CITY SECRETARY day PASS D and A PROVED ON of , A. D., ATTEST: Y�LANDA C. BENITEZ CITY SECRETARY cCULLO TO EY ICHARD TETENS MAYOR PRO TEM SECOND AND FINAL READING this the 1995. RICHARD TETENS MAYOR PRO TEM VOTING RECORD (FIRST READING) JULY, 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. PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND. -2- PUBLICATION DATE: AUGUST 23, 1995 EFFECTIVE DATE: SEPTEMBER 2, 1995