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Ord 696 Amending Chapter 78 Streets Sidewalks and other Public Places providing for park hoursAN ORDINANCE OF OF 1; DATE.TITLED "STREETS, SIDEWALKS AND OTHER PUBLIC PLACES" ARTICLE I "IN GENERAL" BY RENAMING ARTICLE I AND ADDING SECTION 78-1, PROVIDING FOR PUBLIC PARK HOURS; PROVIDING A PENALTY; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE WHEREAS, the Town of Westlake, Texas, is a Type A General law town; and WHEREAS, the Town Council of the Town of Westlake finds it necessary for public safety and welfare that established park hours be determined for usage; and WHEREAS, the Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of the Town and its citizens that the amendment to the Code of Ordinances by the addition of park hours should be approved and adopted. NOW, !'% BE IT ORDAINED BTOWN COUNCILOF OF SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 20 That Chapter 78, "Streets, Sidewalks and Other Public Places" Article I "In General," Section 78-1 of the Town of Westlake Code of Ordinances, is hereby amended by changing the name of Article I to "Public Parks and Open Spaces" and by adding section 78-1 to read as follows: ARTICLE I. — Public Parks and Open Spaces Sec. 78-1. — Public Park Hours. (a) It shall be unlawful for any person to loiter, remain or be in or upon any park or playground in the Town of Westlake between I0:00pm until 6:00am (CST). (b) It shall be an affirmative defense to the above that special permission was granted by the Town Manager or designee, in writing, for organized activities or special events which last past the identified hours, in which case any park containing the permitted activities shall remain, as indicated in writing on the special permission document, or if no time was specified in the document, then until the activity shall cease, at which time the park shall be closed. (c) Violation constitutes trespass. Ordinance 696 Pagel of 2 SECTION 3: That all provisions of the Westlake Code of Ordinances not hereby amended shall remain in full force and effect. SECTION 4: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 5: That any person, firm or corporation violating any of the provisions or terms of this Ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of Five Hundred ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance, since the same would have been enacted by the Town Council of the Town of Westlake, Texas, without the incorporation in this Ordinance, of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 7: This Ordinance shall take effect immediately from and after its passage as the law in such case provides. I_111�11�.' 1�1 i Kelly'EdwardQ Town Secretary APPROVER AS TO LN Attorney Laura Wheat, Mayor 1170-4k Thomas: �j; g i Ordinance 696 Page 2 of 2 808 Throckmorton St. FORT WORTH, TX 76102 (817)390-7761 Federal Tax ID 26-2674582 Dill To: TOWN OF WESTLAKE 3 VILLAGE CIR STE 202 WESTLAKE, TX 76262-7940 Customer ID: TOW27 Invoice Number: 324262761 Invoice Date: 2/7/2013 Terms: Net due in 21 days Due Date: 2/28/2013 PO Number: Order Number: 32426276 Sales Rep: 073 Description: TOWN OF WESTLA Publication Dates: 1/31/2013 -2/7/2013 CHRISTY LYNNE HOLLAND Notary Public, State of Texas My Commission Expires July 31, 2016 Oditill`� THE STATE OF TEXAS County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Star -Telegram, published by the Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was publishe the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817)215-2323 n, _ t"' �-' e-.. , SUBSCRIBED AND SWORN TO BEFORE ME, THIS Thursday, Feb a 2013. Notary Public Thank You For Your Payment --------------------------------------------- Remit To: Star -Telegram P.O. BOX 901051 FORT WORTH, TX 76101-2051 Customer ID: Customer Name: Invoice Number: Invoice Amount: PO Number: Amount Enclosed: TOW27 TOWN OF WESTLAKE 324262761 $83.70