Ord. 1149 02-09-04ORDINANCE NO. 1149
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING CHAPTER 20, OFFENSES AND MISCELLANEOUS
PROVISIONS, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS
IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO ADD
SECTION 20-14, TO BE ENTITLED OBEDIENCE OF PARK RULES AND
SIGNAGE; HAVING A PENALTY CLAUSE, A SAVINGS CLAUSE,
A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; AND PROVID-
ING FOR CODIFICATION AND AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That Chapter 20, Offenses and Miscellaneous Provisions, of the City
of Pearland Code of Ordinances, is hereby amended to ADD Section 20-14, to be entitled
Obedience of Park Rules and Signage, to read as follows:
"20-14. Obedience of Park Rules and Signage.
(a) It shall be unlawful for any person to knowingly enter, occupy, or otherwise use city
parks or park facilities in a manner inconsistent with rules and signage posted at said parks
or park facilities by the City of Pearland Parks and Recreation department. These rules
and signage may be changed and reposted at any time by the Director of Parks and
Recreation, and can address, without limitation: general park hours, restriction of use of
certain facilities to specific groups, and closure of facilities or fields due to poor condition or
weather.
(b) An offense under this section shall be punishable by a fine not to exceed two
hundred dollars ($200.00), unless it is shown at trial of such offense that the prohibited
activity resulted in damage to a city park or park facilities, in which case the offense shall
be punishable by a fine not less than two hundred dollars ($200.00) nor greater than five
hundred dollars ($500.00)."
ORDINANCE NO. 1149
Section 2. Savings. All rights and remedies which have accrued in favor of the
City under this Ordinance and amendments thereto shall be and are preserved for the
benefit of the City.
Section 3. Severability. 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 4. Repealer. All ordinances and parts of ordinances in conflict herewith
are hereby repealed but only to the extent of such conflict.
Section 5. Codification. 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 6. Effective Date. 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.
ORDINANCE NO. 1149
PASSED and APPROVED on First Reading this the 26th day of
January , A.D., 2004.
TOM REID
MAYOR
PASSED and APPROVED on Second and Final Reading this the 9th day of
February , A. D., 2004.
ATTEST:
iUNG iirerr4
Y S' RETARY
APPROVED AS TO FORM
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
VOTING RECORD SECOND AND FINAL READING
FEBRUARY 9, 2004
Voting "Aye" - Councilmembers Owens, Tetens, and Seeger.
Voting "No" - None.
Motion passes 3 to 0, with Councilmembers Viktorin and
Marcott absent.
PUBLICATION DATE: February 11, 2004
EFFECTIVE DATE: February 21, 2004
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
Ord-11�1
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Brazoria, Harris & Galveston Counties, for / issues, as follows:
No. / Date 0.7'n 20 _0_
No Date 20
No Date 20
No Date 20
No. Date 20
Subscribe and sworn to before me this
201274__
dayof ��
Laura Ann Emmons, Publisher
Notary Public, State of Texas
the City of Pearland Parks'
and Recreation department.
These rules and signage may
be changed and reposted at
any time by the Director of
Parks and Recreation, and
'can address, without limita-
tion: general park hours,
restriction of use of certain
facilities to specific -groups,
and closure of facilities or
fields due to poor condition or
weather.
;(b) An offense under
this section shall be punish-
' able by a fine not to exceed
two 'hundred dollars
VOTING RECORD SECOND
AND FINAL READING FEB-
RUARY 9, 2004
Voting "Aye"-Councilmembers
Owens, Tetens, and Seeger.'
Voting "No" -None.
Motion passes .3 to 0, with
Councilmembers Viktorin and
Marcott absent.
PUBLICATION DATE:
February 11, 2004
the prohibited activity resulted February 21, 2004
in damage to a city park o'r PUBLISHED AS REQUIRED
park facilities, in which case
I Published Feb. 11, 2004 • the offense shall be punish -BY SECTION 3.10 OF THE,
( able by a fine not less than CHARTER OF THE CITY OF
two hundred dollars 2 PEARLAND, TEXAS.
! ORDINANCE NO.1149 ($ �).t
nor greater than five hundred
AN ORDINANCE OF THE dollars ($500.00):" 1
CITY COUNCIL OF THE • - �-
CITY OF PEARLAND, PASSED and APPROVED',
TEXAS, AMENDING CHAP ON FIRST READING this the
I TER 20, OFFENSES AND 26th day of January , A..
MISCELLANEOUS PROVI- -D., 2003.
SIONS, OF THE CITY OF
PEARLAND CODE OF /s/ Tom Reid
! ORDINANCES, AS IT MAY Mayor
HAVE BEEN, FROM TIME
TO TIME, AMENDED, TO Attest:
i ADD SECTION 20-14, TO BE /s/ Young Lorfing, TRMC'
I ENTITLED OBEDIENCE OF City Secretary
! PARK' RULES AND SIG-
NAGE; HAVING A PENALTY PASSED and APPROVED I
!CLAUSE, A SAVINGS ON SECOND AND FINAL
CLAUSE, A SEVERABILITY READING this the 9th day of
CLAUSE, AND A REPEAL- February, A.D., 2004.
!ER CLAUSE; AND PROVID-
ING FOR CODIFICATION /s/ Tom Reid
'AND AN EFFECTIVE DATE. Mayor
(a) - It shall be unlaw- ATTEST:
ful for any person to knowing /� Young Lorfing, TRMC
ly enter, occupy, or otherwise City•Secretary
use city parks or park facilities
in a manner inconsistent with APPROVED AS TO FORM
rules and signage posted at /s/ Darrin M. Coker,.
said parks or park facilities by City Attorney
($200.00), unless itis shown
EFFECTIVE DATE:
at trial of such offense that
1