Ord. 0514 06-09-86ORDINANCE NO. 514
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, PROHIBITING GLASS CONTAINERS IN CITY PARKS; PRO-
VIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE;
HAVING A REPEALER CLAUSE; PROVIDING FOR CODIFICATION,
PUBLICATION AND AN EFFECTIVE DATE.
WHEREAS, it is hereby found and determined by the City Council
of the City of Pearland, Texas that the use of glass containers in
city parks constitutes a health hazard to persons using the public
recreational facilities therein, due to the condition of potential
liability created when pieces of broken glass cause injury to such
persons; 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 possess any
glass container in any city -owned or city -controlled park.
Section 2. For purposes of this Ordinance, "glass container"
shall mean any receptacle, made wholly or partially of glass, which is
designed for the storage for consumption of any food or beverage.
Section 3. Any person who shall violate the provisions of this
Ordinance 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. If any section, subsection, phrase, clause or part
of this Ordinance is held by a court of competent jurisdiction to be
invalid, unconstitutional or for any reason unenforceable, such
portion is hereby declared to be severable, and such holding shall not
be deemed to affect the remaining portions hereof.
Section 5. All Ordinances and parts of Ordinances in conflict
herewith are hereby repealed, but only to the extent of the conflict.
Section 6. It is the intent of the City Council that this
Ordinance shall be codified into the City's official Code of
Ordinances, and the provisions hereof may be renumbered by the
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codifier as may be necessary to accomplish the same.
Section 7. The City Secretary shall cause this Ordinance, or
the caption and penalty hereof, to be published in the official
newspaper of the City at least once within ten days after its passage
on second and final reading, as provided in Article 3.10 of the City
Charter. This Ordinance shall then become effective ten days from and
after such publication.
PASSED, APPROVED, and ADOPTED on the first reading this
day of
ATTEST:
fir/u,y ,
City S'6cretary
the
, A. D., 1986.
Mayor
PASSED, APPROVED and ADOPTED on second and final reading this
ATTEST:
day of
City Secretary
APPROVED AS TO FORM:
on442
,Mr.
y A,to ney
1)d1-1,2
Mayor
VOTING RECORD (FIRST READING) MAY 27, 1986
Voting "Aye" - Councilmember Mack, Council -
member Bost, Councilmember
Frauenberger and Councilmember
Tetens.
Voting "No" - None.
VOTING RECORD (SECOND READING) JUNE 9, 1986
Voting "Aye" - Councilmember Mack, Council-
. member Bost, Councilmember
Tetens, and Councilmember Roberts.
Voting "No" - None.
PUBLICATION DATE: JUNE 13, 1986
EFFECTIVE DATE: JUNE 23, 1986
PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE
CHARTER OF THE CITY OF PEARLAND, TEXAS.
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