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20-OPERATING HOURS FOR TRAIL DE PARISCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: 02/O1/20ll Council Date: n?J14/2011 Originating Department: I Presented By: Police Chief Hundley Agenda Item No.: 20. RECOMMENDED MOTION: Not an action item - first reading. POLICY ISSUE(S): Operating hours for the Trail de Paris BACKGROUND: All city parks are closed from midnight to 5 AM each day as defined in City Ordinance Section 23-5, including the Trail De' Paris. Since the trail is a nature trail, there is no lighting along the way with little to no ambient light sources. During conversations with the Friends of the Trail regarding security, it was suggested that operational times for the trail begin 30 minutes prior to dawn and close 30 minutes after dark. Once darkness falls, the trail becomes attractive to illegal activities, criminal mischief and theft. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: Ordinance ACTION: BUDGET INFO: $ Financial Report ❑ Minute Order Expense Department Report ❑ Resolution Budgeted Amt. $ ~ Presentation Z Ordinance yTD Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FiscAL NoTES: REVIEWED AND APPROVED BY: Z Administration Z Ciry Clerk ❑ Communih' Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court Z Legal ❑ Library Z Police ❑ Eng./Public Works ❑ Utilities T,.._.:..,.a IroAinst City of Paris 154 DRAFT S:\ORDWORK\CURRENT\Adding Sec. 23-5(b) to include Trail de Paris ORD 2011.docx ORDINANCE N0. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ARTICLE I OF CHAPTER 23 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS, BY ADDING A NEW SECTION 23-5(b) TO INCLUDE THE TRAIL DE PARIS AND ITS HOURS OF ACCESSIBILITY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, all parks owned by the City of Paris are closed from 12:00 midnight to 5:00 a.m.; and, WHEREAS, the Trail de Paris is now a part of the parks of the City of Paris and therefore, fall under the same ordinances, but require clarification within certain sections of the Code of Ordinances; and WHEREAS, the City Council of the City of Paris hereby finds and determines that the changes recommended below are in the best interest of the City of Paris and its citizens and should be adopted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That new Section 23-5(b) of Article I, Parks and Recreation In General of the Code of Ordinances of the City of Paris, Texas, is hereby enacted to read as follows and all remaining subsections to be renumbered accordingly: "Sec. 23-5. Parks closed during certain hours. * * * (b) All Trail de Paris walking and nature trails shall be closed every day beginning thirty (30) minutes after sundown until thirty (30) minutes before dawn and it shall be unlawful for any person to loiter, idle, wander, stroll, or play on the Trial de Paris during such period when it is closed. However, if anyone applies for permission to carry out a special activity in a park during such hours and the city manager determines that such activity will not create a disturbance or public nuisances, such manager shall have authority to issue a special permit of such activity. * * 155 Section 3. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4. The repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordina o~e as affecatin oany rights of th emunac p lgy under any any penalty accruing or to accrue, g section or provisions of any ordinance at the time of passage of this ordinance. Section S. It is the intention of the City Council of the City of Paris that this ordinance, and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. Section 6. Any person violating any provision of this ordinance shall be guilty of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of Sec. 1-6 of Chapter One on t ve-enumerated setons shall of the abo dCOnstitute every day's continuance of any violati and be deemed a separate offense. Section 7. That by a supermajority vote of ayes and nays, the City Council voted to suspend the rule requiring two readings before adoption of this ordinance. Section B. That this ordinance shall become effective from and after its passage of the first reading and publication as required by law. PASSED AND ADOPTED on second and final reading this 14th day of February, 2011. Will Biard, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney 156