21-MOTOR VEHICLES ON TRAILSItem No. 21
memo�andum
TO: Mayor & City Council
John Godwin, City Manager
FROM: Bob Hundley, Chief of Police
SUBJECT: MOTOR VEHICLES ON TRAILS
DATE: February 26, 2013
BACKGROLJND: While investigating a recent complaint regarding a motor vehicle being
operated on the Trail de Paris, we found no ordinance that prohibits motor vehicles in city parks,
only through playgrounds.
STATUS OF ISSUE: Under present ordinance, a motorcycle, go-kart, or ATV could be
operated on the trail or in a park. This ordinance amendment is sought to prohibit any motor
vehicle from being operated in a park, with the certain exceptions for delivery, construction or
public safety patrol or response. The amendment would not affect park areas that are designed
for motor vehicle traffic or parking.
BUDGET: There is no impact to the budget.
RECOMMENDATION: Approve attached ordinance amendment.
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Draft
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDIIVG SECTION 31-29, DRIVIIVG OVER PUBLIC PLAYGROUND OF
CHAPTER 31 TRAFFIC, OF THE CODE OF ORDINANCES OF THE CITY OF
PARIS TEXAS; MAKING OTHER FINDINGS A1VD PROVISIOIVS RELATED TO
THE SUBjECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY
CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, City parks, playgrounds and walking trails were not designed for use by
motor vehicles or motorized vehicles; and
WHEREAS, the City Council of the City of Paris hereby finds and determines it to be
in the best interest of the City of Paris and its citizens to amend Sec. 31-29 of Chapter 31 of
the City Code of Ordinances to prohibit operation of motor vehicles or motorized vehicles
on city parks, playgrounds and trails except under special circumstances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PARIS, PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby in
all things approved.
Section 2. That Section 31-29 of the Code of Ordinances of the City of Paris, Texas,
be, and the same is hereby, replaced in its entirety to read as follows:
"Sec. 31 -29. - Driving over public playgrounds, parks or trails.
1. No person shall operate a motor vehicle or motorized vehicle on, along or across
any public playground, park or trail which is owned, operated or maintained by
the City, except upon designated roadways or parking areas therein. This
section shall not apply to authorized vehicles used in the construction,
maintenance or repair of such public playground, park or trail: or to public
safety vehicles or emergency services vehicle responding to a call or patrolling
the area.
2. Motor vehicle and motorized vehicle includes any motor driven or propelled
vehicle in which transportation of one or more people is assisted by any form of
electrical, internal combustion or other type motor (including, but not limited to
motorcycles, mopeds, scooters, all-terrain vehicles, and golf carts). The term
does not include any vehicle that is powered solely by the human being
transported or that is designed specifically for personal medical or disability
transport."
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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. That 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 5. That 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. That any person violating any of the provisions of this ordinance shall be
guilty of a Misdemeanor, and, upon conviction, shall be fined in any sum not to exceed
$2,000.00, 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 this ordinance shall become effective immediately upon its passage.
PASSED AND ADOPTED this 11th day of March, 2013.
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
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A.J. Hashmi, M.D., Mayor