ORD 1990-02 - Eman. Park, Pub. Access, Prohibits Time 01-23-1990ORDINANCE NO. 90 -2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,
REGULATING PUBLIC ACCESS TO EMANCIPATION PARK; PROHIBITING USE OF
EMANCIPATION PARK BETWEEN 9:00 P.M. AND 4:00 A.M.; PROVIDING A FINE
OF $1- 200.00 FOR ILLEGAL USE OF THE PARK; PROVIDING FOR POSTING OF
NOTICE OF PARK HOURS; AND MAKING OTHER PROVISIONS RELATED THERETO.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT:
Section 1: The Code of Ordinances of the City of Huntsville, Texas, is
amended by the adoption of a new Chapter 13A, Parks, that shall
read as follows:
Sec. 13A -1. Parks Closed to the Public.
(a) The following parks or park facilities shall be closed to
the public at the times designated:
(1) Emancipation Park (except Martin Luther King, Jr.
Recreation Center) - between 9:00 p.m. and 4:00 a.m.
(2) Reserved for future use.
(b) The City Manager is authorized and directed to designate the
parks or park facilities closed to the public by appropriate
and conspicuous signs post at all entrances thereto.
(c) A person commits an offense if he intentionally or knowingly
enters or remains in a City park at a time the park is
closed.
(d) It is a defense to prosecution if the person is engaged in
park maintenance, construction activity or security under
authority of the City and in the performance of their duties
of employment.
(e) This section shall not be construed either:
(1) to require that members of the public found inside
fenced or enclosed areas during the hours those areas
are closed to the public must be requested to leave
before being subject to prosecution under Section
30.05 of the Texas Penal Code, or
(2) to prohibit the City, its officers and employees from
requesting persons on City property to depart and, if
they fail to do so, be subject to prosecution under
Section 30.05 of the Texas Penal Code; or
(3)
to prohibit the prosecution for any other crime that
may have been committed upon the City property.
(f) An offense under this subsection (c) of this section shall
be a Class C misdemeanor punishable by a fine of $1.00 to
$200.00.
Section 2: If any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held invalid or unconstitutional,
such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect any of the remaining
provisions of this ordinance.
Section 3: All ordinances and parts of ordinances in conflict in conflict
with the provisions of this ordinance are hereby repealed;
provided, however, that such repeal shall be only to the extent of
such inconsistency and in all other respects this ordinance shall
be cumulative of other ordinances regulating and governing the
subject matter covered by this ordinance.
Section 4: The City Secretary is hereby directed to cause the caption of this
ordinance to be published at least twice within ten days of final
passage. This ordinance shall take effect ten (10) days after the
date of final passage.
PASSED AND APPROVED this
eShaw, ity Secretary
APPRIZED AS T FORM:
Scott Boun s, City Attorney
day of
, 1990.
E CITY OF HUNTSVILLE