2011-002 ORD AMENDMENT OF ARTICLE 1 OF CHAPTER 23 BY ADDING A NEW SECTION 23-5 (B) TO INCLUDE THE TRAIL DE PARIS AND ITS HOURS OF ACCESSIBILITYORDINANCE NO. 2011-002
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 Ciry 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.
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conflict with the provisions of this ordinance are hereby repealed, and all other provisions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 ordinance or as discontinuing, abating, modifying, or altering
any penalty accruing or to accrue, or as affecting any rights of the municipality under any
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 of the City of Paris Code of Ordinances, and each and
every day's continuance of any violation of the above-enumerated sections shall constitute
and be deemed a separate offense.
Section 7. That by a supermajority vote of 7 ayes and 0 nays, the City
Council voted to suspend the rule requiring two readings before adoption of this ordinance.
Section 8. 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.
D~~
ill Biard, Mayor
ATTEST:
~
,
J ice Ellis, City Clerk
APPROVED AS TO FORM:
,
W. Kent McIlyar, 'ty ttorney