HomeMy WebLinkAboutCity Council-Agenda Packets-2/10/2004
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PARKS AND RECREATION ADVISORY BOARD
SPECIAL MEETING AGENDA
Tuesday, February 10, 2004
6:30 p.m.
For the meeting conducted at the Park Annex
located at 5109 Bransford Rd.
I AGENDA I I
NUMBER AGENDA ITEM
1. Call to order
2. Discussion and consideration of amending Ordinance 0-93-906
pertaining to operation of motor vehicles in public parks
3. Adjournment
*(This time is allocated for citizens to informally address the Board on matters not on the agenda that require no formal action. Each
presentation will be limited to a maximum of five (5) minutes. Board members may not respond to citizens who speak regarding matters not
on the agenda.)
I certify that the above agenda was posted on the bulletin board at City Hall on February 6, 2004
~f#t~i1Y WVvNAJ
CITY OF COLLEYVILLE
PARKS AND RECREA TION
Meeting
2/10/04
Agenda #
2
Department: Parks and Recreation
Subject: Discussion and consideration of amending Ordinance 0-930906 pertaining to
operation of motor vehicles in public parks
City Council requested that the park ordinance concerning operation of motor vehicles be
reviewed. At the last City Council meeting, they approved the use of scooters on
sidewalks and trails.
The Parks Ordinance 0-93-906 restricts motorized vehicles in parks to areas specifically
designed for vehicular use, such as streets and driveways. In the past we have received
several calls concerning motorized vehicles at the Nature Center. Park users were also
concerned about manual scooters at City Park. Concerns included noise, safety and the
environme'!t at the parks.
Issues to consider when reviewing the ordinance include:
. Noise factor from scooters during concerts in the park, tennis tournament, ball
games, Nature Center, special events, etc.
. Safety factor with park users at tennis courts, playground, pavilions, and trails.
. Environmental factor with use in the Nature Center and natural trails.
. Public sidewalk vs. park trail/sidewalk - Public sidewalks are used as a path for
transportation. Park trails and sidewalks are used as an amenity within a park.
There may not be much pedestrian traffic when using a public sidewalk. Park
trails/sidewalks are more congested with pedestrians using them for recreational
purposes not as a path for transportation. Recreational purposes include but are
not limited to walking, jogging, biking, nature walks, passive/active activities, etc.
Park user ages range from infants in strollers to seniors.
D Information Only
D Procedural Change
D Possible City Council Policy
Recommendation
ACTION TO BE TAKEN
D Discussion Only
Page Lof 3
Agenda item 2
February 10,2004
Page 2 of 3
. Profile of park users - ages vary from young children to seniors. Activities vary from
passive to active. Seniors comfort level of children on scooters will require them to
make a choice on whether they want to continue using parks. Young children play in
the park, pavilion area, playground, etc. where parents will need to make a choice on
whether to continue using the parks.
. Proactive vs. reactive - Past complaints may escalate since the scooters have not
been allowed in parks. The following are e-mails received from concerned Colleyville
citizens.
Dear Mayor Hocutt,
I have just read some disturbing news concerning efforts to change the park rules to
allow motorized vehicles to operate in our parks. Please do not allow this to occur.
We live near the Colleyville Nature Center and motorized vehicles on the nature trails
are already an occasional problem there. Several times I have been walking along the
trails, observing the wildlife and communing with nature only to have a child on a go
kart or electric golf cart come buzzing around a curve in the trail, necessitating a quick
move out of their path. We are senior citizens and moving quickly is not something we
do well.
People will be unable to safely walk in the parks if motorized vehicles are legalized.
Pedestrians and vehicles are just not compatible on small narrow trails and sidewalks.
A carefree child on a scooter trying to pass a less than sure footed older person can
be a dangerous situation for both the rider and the walker. Neither has very good
control on a narrow trail and a mistaken move either way can cause a collision with
resultant injuries. Joggers don't enjoy running in competition with motorized vehicles
either. The noise from vehicles that can have an impact on the wildlife within the
nature center should also be a consideration.
In your deliberations you should recognize that if you legalize motorized vehicles in
Colleyville parks then we can expect that people from surrounding cities, who cannot
legally ride them in their own cities, will be transporting their vehicles to our parks and
trails. The increased use will leave muddy ruts and tracks on the unpaved trails and
deposits of mud on the paved sidewalks.
Just because someone went out and bought their child an expensive toy and now
finds there are limited opportunities for its use doesn't mean that we should sacrifice
our parks for them. Some people have high performance cars which will go far in
excess of our speed limits. We don't feel the need to accommodate our speed limits to
suit their horsepower and we shouldn't feel the need to accommodate our park rules to
suit their children's toys.
Agenda item 2
February 10, 2004
Page 3 of 3
It will also be a mistake to set some arbitrary horsepower limitfor entry into the parks.
That can be easily manipulated and very difficult to enforce. Perhaps there is an
unused parking lot somewhere in the city that could be designated for scooters.
Motorized vehicles in our parks is a bad idea. Please encourage the council to
abandon this idea and come up with a better alternative.
Thank you for your consideration in this matter.
Dear Mayor Hocutt,
I live at (Mill Creek subdivision) in our fine city of Colleyville. I write to you on behalf of
all the concerned citizens of Colleyville who appreciate the sanctity of our city parks
and nature centers. The City parks and nature centers are not the place for motorized
vehicles. Please do everything in your power to protect these peaceful environments
as they are an endangered species. Thank you for your fine service.
sincerely,
02/07/2004
. Current park ordinance allows motor vehicles in the drive and parking lots where there
is vehicular traffic
Areas where scooters can be ridden
. All public sidewalks
. Trails outside of City parks
. Homeowners Association Parks - 26 private areas totaling 11.71 miles
. Cottonbelt Trail Phase I - opening soon to the public. Begins at Bettinger Road
continuing to John McCain, 2.3 miles
. Cotton belt Trail Phase II - under design. Begins at Bettinger continues to Hurst city
limits, less than % mile.
Recommendation:
In reviewing this ordinance with all the information discussed, consideration needs to be
given to current ordinance.
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That Chapter 7 of the C:OU~yviUe f:ode be amended by t;{dding
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CITY COUNCIL 4rn(/l
7'~:<i\=>
AGENDA BRIEFING
I
MEETING DATE: I
ITEM#: \
I
ORDINANCE # : I
I
Previous Action: Tabled 01/06/04
01/20/04
15
O~03-1436
CITY MANAGER
DEPARTMENT HEAD
FINANCE REVIEW:
DEPARTMENT: POLICE
SUBJECT : Approval to place restrictions on the use and
operation of motor assisted scooters by prohibiting
the operation of motor assisted scooters on streets,
highways, paths and alleys
Second Reading and Public Hearing
At the January 6, 2004, Council meeting, it was requested that staff provide statistical data
related to motorized scooter injuries.
First Reading and Public Hearing
The 78th Legislature addressed the issue of new transportation technology by recognizing
motor assisted scooters for limited street usage. The law became effective September 1,
2003, and can be found in the Texas Transportation Code as Subchapter D., Sections 551.301
and 551.302. In general, motor assisted scooters may be operated on a street, highway,
pathway or alley. However, any traffic law that applies to bicycles also applies to motor
assisted scooters which means the operator must obey the usual traffic laws that bicycle
operators must obey such as speed limit, signal tums, etc. The legislature also provided that a
municipality in the interest of safety may prohibit the operation of the motor assisted scooters
on any street, highway, or public roadway but not sidewalks or paths set-aside for the
operation of bicycles.
Provisions that require helmet use by minors will also be included in the proposed ordinance.
Financial Impact
None
Recommendation
Approval
Attachments
. Statistical data
. Ordinance 0-03-1436
..- ---....--..-......--., ..........----. ".-------.'. _...-.-~_... - ~ ..~.-.
MOTOR ASSISTED SCOOTERS
A review of the current literature yielded minimal statistical data related to
accidents and injuries resulting from the use of motor assisted scooters in the
State of Texas.
Accidents - Texas
YEAR
NUMBER OF ACCIDENTS
NUMBER OF FATALITIES
2000
2001
55
83
1
Motorized Scooter Injuries - Reported by U.S. Consumer Product Safety
Commission (CPSC)
YEAR
1999
2000
2001
NUMBER OF INJURIES
1,330
4,390
2,250 (Jan-July)
CPSC is aware of at least three deaths associated with motorized scooters. Two
deaths involved children, including a 6-year old boy in California who died after
falling off a motorized scooter and an 11-year old boy in Pennsylvania who died
when the motorized scooter he was riding crashed into a truck. Also, a 46-year
old man died in Califomia after being struck by an automobile.
A 13-year old Scottsdale, Arizona boy was killed October 2003 when a dump
truck hit him as he rode his motorized scooter on the street. Three other
Scottsdale children have died on motorized scooters between 1995 and June
2001.
NEWS from CPSC
_J
u.s. Consumer Product Safety Commission
Office of Information and Public Affairs
Washington, DC 20207
FOR IMMEDIATE RELEASE
August 22, 2001
Release # 01-222
Contact: Mark Ross
(301) 504-0580 Ext. 1188
Motorized Scooter Use Increases and Injuries
Climb
WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission (CPSC) today reported 2,250
emergency room-treated injuries associated with motorized scooters in the fIrst 7 months of this year. If
injuries continue at this rate, the total estimate for 2001 is expected to show a marked increase over 2000.
The fIrst full year in which CPSC collected data on these injuries was 1999. In 2000, there were an
estimated 4,390 hospital emergency room treated injuries associated with motorized scooters. This
represents more than a 20D-percent increase over the 1999 estimate of 1,330 injuries.
CPSC is aware of at least three deaths associated with motorized scooters. Two of the deaths involved
children, including a 6-year-old boy in California who died after falling off a motorized scooter and an
II-year-old boy in Pennsylvania who died when the motorized scooter he was riding crashed into a
truck. Also, a 46-year-old man died in California after being struck by an automobile. All of the victims
suffered head injuries; none was wearing a helmet.
CPSC recommends that riders wear the same safety gear as we recommend for non-powered scooters - a
helmet, and knee and elbow pads. Sturdy shoes also are important. CPSC Chairman Ann Brown said,
"Common sense requires that riders of all ages understand the importance of protective gear and
observing local safety rules. Have fun outside but don't end up in the emergency room."
In 2000, an estimated 39 percent of the injuries occurred to children under 15 years of age. Most injuries
occurred to the arms, legs, faces, and heads. The most common injuries were fractures.
Motorized scooters are increasing in popularity. They are two-wheel scooters, similar to the unpowered
scooters, but equipped with either a sma1l2-cycle gasoline engine or an electric motor and a battery.
Some manufacturers are retrofitting stocks of non-powered scooters with electric motors. In addition, kits
are available to retrofit non-powered scooters. The gasoline-powered scooters usually cost between $400
and $1,300. The electric scooters range from under $200 to about $1,000.
Protective gear, including helmet and knee and elbow pads, is available for less than $35.
http://www.cpsc.gov/cpscpub/prerel/prhtmI01/01222.html(1 of 2) [2/22/2001 12:49:22 PM}
J
m~/U.S.
Motorized scooter injuries on the rise
August 22, 2001 Posted: 8:08 AM EDT (1208 GMT)
~e SAVE THIS E B EMA.IL THIS
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WASHINGTON (CNN) - Injuries connected with the use of popular
motorized scooters are on the rise, prompting the Consumer Product
Safety Commission to issue a consumer advisory on the dangers of such
scooters.
In a report released Wednesday, the CPSC said from January to July of this
year, emergency rooms around the country reported 2,250 injuries associated
with motorized scooters. Three deaths were also reported.
"We've looked at the figures that are rising rapidly over the last two or three
years of injuries to children and adults who are enjoying these motorized
scooters," said Marthina Cowart, CPSC public affairs director. "We're seeing
the emergency room injury data skyrocket and we're concerned about that."
The agency predicts that -- if the trend continues -- some 4,500 people will
have been injured in accidents involving the scooters by the end of the year.
Last year there were 4,390 injuries and in 1999, only 1,330.
The majority of those injured are boys under 15 years old. The most frequent
injuries are fractures to the arms and legs, with some injuries to the face and
head.
So far this year, two children and one adult have died while operating
motorized scooters. A 6-year-old California boy fell off a scooter, an 11-
year-old boy in Pennsylvania ran into a truck and a 46-year-old man died
after a car hit him. All of the victims died of head injuries. None of them was
wearing a helmet.
"The agency wants to be sure that people understand that this is a dangerous
toy," Cowart said. "They have to treat it like a vehicle."
Foot-powered scooters no safer
The CPSC urges riders use a helmet, elbow pads and knee pads when
operating a motorized scooter. But, it says, don't use wrist pads - they may
make it more difficult to grip the handles and steer.
http://www.cnn.com/200 l1US/08/221 scooter .advisory 1
The agency also recommends wearing sturdy, closed-toe shoes, using
1/14/2004
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scooters only during daylight hours and refraining from riding on public
roads or trying stunts. It says that ch ildren under the age of 12 shouldn't use
the scooters at all.
A motorized scooter has two wheels, similar to the wheels on in-line skates.
They're similar in design to the unpowered scooters that gained popularity
about three years ago.
A small two-cycle gasoline engine or electric motor is connected to the
scooter, which can power it to speeds of9-14 mph. Gasoline-powered
scooters cost anywhere between $400 and $1,300. The electric-powered
scooters run a little less, costing from around $200-$1,000.
It doesn't appear as though the non-motorized scooters are much safer,
though. Through July of this year, 68,530 injuries resulting in trips to the
emergency room were recorded for the foot-powered scooters.
'There have also been at least eight deaths associated with non-motorized
scooters, the majority of which occurred when riders were hit by a car while
riding on public streets.
The CPSC recommendations for non-motorized scooters are the same as for
their motorized counterparts. The agency says children under 12 can use the
foot-powered scooters, but children under eight should only use them with
close adult supervision.
Some laws in place
Some local areas have passed ordinances banning or restricting the use of
motorized scooters.
On January 1,2000, a law went into effect in California prohibiting children
under 16 from operating motorized vehicles, including scooters, and
requiring that all users wear helmets.
In Bergen County, New Jersey, motorized scooters have been banned. That
legislation also requires children under 14 to wear helmets while using non-
motorized scooters, skateboards or roller-skates. Similar legislation has been
passed in other New Jersey counties.
In Annapolis, Maryland, gas-powered scooters have been banned from
public streets, sidewalks, parks and schools because oftheir noise level.
Baltimore County approved a similar ban.
(!@ SAVE THIS (!~ PRINT THIS ~1S2I EMAIL THIS (!*MOST POPULAR
RELA TED STORIES:
. Consumer safety commission announces recalls
August 20, 2001
. 2.6 million young people injured yearly in sports
March 5, 2001
. Scooters gain a popular foot-hold
http://www.cnn.com/200 11U S/08/22/scooter .advisory 1
1/14/2004
_J
.. ConllUl119I Salety
.. About CPSC
.. LItIf~ - FOIA
Scooter Data
Non-Powered Scooters Injury Data
. Injuries associated with non-powered scooters increased dramatically since 2000.
. From January 2000 through December 31,2000, CPSC estimates there were about 40,500 emergency
room treated injuries associated with scooters.
. In November 2001, CPSC estimated there were more than 84.400 emergency room-treated injuries
relating to for January 2001 through September 2001.
. About 85% of the injuries were to children less than 15 years old.
. Two-thirds of the injuries are to males.
. Most common injuries are fractures.
Motorized Scooter Injury Data
. CPSC reported that 2,870 emergency room-treated injuries relating to motorized scooters were reported
for the first 9 months of 2001. There were 2,760 injuries reported in the same period last year.
. There were 4,390 total injuries reported in 2000 associated with motorized scooters and 1,330 in 1999.
. 39 percent of the injuries occurred to children under 15 years of age. The most common injuries were
fractures. Most injuries were to the arms, legs, faces and heads.
Non-Powered Scooter Death Data
The following is the latest CPSC update on non-powered scooter-related deaths. CPSC has reports of 16 deaths
relating to non-powered scooters so far in 2001.
. A man riding a scooter down an Albuquerque, N.M. roadway at night was struck and killed by a pickup
truck on January 25,2001.
. A 12-year-oJd boy from Spring Hill, Fla., died January 20, 2001, after both he and his twin brother were hit
by a car while riding their scooters.
. A 10-year-old boy from Forest, Ohio, died January 6,2001, after a fall from a scooter.
. An 8-year-old boy from Stockton, Calif., died March 26,2001, after being hit by a car.
. A 13-year-old boy from Mount Sterling, Ky., died April 3, 2001, after being struck by a car.
. A 10-year-old boy from San Leandro, Calif., died April 9, 2001, when he lost control of his scooter on a
steep hill and fell.
. A 9-year-old boy from Miami, Fla., died April 23, 2001, when he was struck by a van while riding his
scooter out of his driveway.
. A man from Augusta, Ga., reportedly died of head trauma relating to a scooter incident. The date ofthe
incident was not given.
. An 8-year old boy from Detroit, Mich., died when he was struck by a car on June 17.
. An 18-year old male from Harpers Ferry WV, died when the scooter he was riding swerved in the path of
an on-coming pickup truck.
. A 12-year-old boy from Harpers Ferry, WV., died when the scooter he was riding collided with a garbage
truck in July 2001.
. A man, 57, from Temecula, Calif. died on July 31, 2001 when he fell off a scooter and struck his head.
. A boy, 10, from San Diego, Calif, died on July 31,2001 when he was riding a scooter down a hill at a high
rate of spoon and struck by a car.
http://www.cpsc.gov/pr/prscoot.html
1/14/2004
_ _ J . A man, 66, from Lebanon, Pa., died on August 8, 2001 when he fell from a scooter and struck his head
against the curb.
. A 50-year-old New Jersey man died August 22 after losing control of a scooter at Elk Neck State Park,
Md., according to the Department of Natural Resources.
. A 9~year-old boy from Altamonte Springs, Fla., died on September 12, 2001 when he was struck by the
van driven by his father, after he lost grip or let go of the side-view mirror he was holding onto.
Motorized Scooter Deaths Data
The following is the latest CPSC update on motorized scooter-related deaths. CPSC has reports of three deaths
relating to motorized scooters so far in 2001.
. A 27-year-old male in Phoenix, Ariz., died on July 24 when he was struck by a van.
. A 45-year-old woman died in July 2001 from head injuries sustained after falling from a motorized scooter
near Escanaba, Michigan.
. In September 2001, a 13-year-old boy died after being struck by a car while riding a motorized scooter in
St. Petersburg, Fla.
Recommendations
. Wear a helmet, knee pads and elbow pads. (Wrist guards may make it difficult to grip the handle and steer
the scooter.)
. Children under age 8 should not use non-powered scooters without close adult supervision. Children under
12 should not ride motorized scooters.
. Avoid gravel and uneven pavement, which can cause falls.
. Don't ride scooters in traffic.
. Don't ride scooters at night - riders can't see where they're going or be seen by others.
. Wear sturdy shoes.
. Owners of scooters should check with local authorities for local laws regarding scooters.
Scooter Recalls
. Excite Super Speeder II and Viper Scooters Recall
. Scooters Recall by Kent International and Kash 'N Gold Ltd.
http://www.cpsc.gov /pr/prscoot.htrnl
1/14/2004
Estimated Number of Emergency Room-Treated Scooter Irluries by M>nth, 1t1/m
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260 70
934
14000
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CClnsumer Safety (Home) I About CPSC I Library 1 Business
http://www.cpsc.gov/pr/prscoot.html
1/14/2004
---J
ORDINANCE 0-03-1436
AN ORDINANCE PLACING RESTRICTIONS ON THE USE AND OPERATION OF
MOTOR ASSISTED SCOOTERS BY PROHIBITING THE OPERATION OF MOTOR
ASSISTED SCOOTERS ON STREETS HIGHWAYS, PATHS AND ALLEYS
WHEREAS, the City Council of the City of Colleyville ("City Council") has determined
that restrictions of the use and operation of motor assisted scooters on
the streets, highways, alleys, paths and trails within the City of Colleyville
is necessary in the interest of safety; and
WHEREAS, the City Council has determined that requiring children to wear helmets
while operating or riding a motor assisted scooter is necessary in the
interest of safety; and
WHEREAS, the City Council has investigated and determined that it will be
advantageous, beneficial and in the best interest of the citizens of
Colleyville to prevent potential traffic hazards and safety hazards resulting
from unauthorized use of streets, highways, alleys and certain pathways
and resulting from children failing to wear helmets.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
Definitions
Adult means any individual eighteen (18) years of age or older.
Child means any individual under eighteen (18) years of age.
Helmet means properly fitted headgear that is not structurally damaged
and that conforms to the standards of the American National Standards
Institute, the American Society for Testing and Materials, the Snell
Memorial Foundation or any federal agency having regulatory jurisdiction
over bicycle helmets, as applicable, at the time of the manufacture of the
helmet.
Motor assisted scooter shall have the same meaning assigned by Texas
Transportation Code Section 551.301 (2), as it exists or may be amended,
and includes a self-propelled device with at least two wheels in contact
with the ground during operation; braking system capable of stopping the
device under typical operating conditions; a gas or electric motor forty (40)
cubic centimeters or less; a deck designed to allow a person to stand or
nJ
Ordinance 0-03-1436
Page 2 or4
sit while operating the device; and the ability to be propelled by human
power alone.
Public way or Public property means real property owned, leased or
controlled by a political subdivision of the State of Texas, a governmental
entity or agency, or similar entity, or any property that is publicly owned or
maintained or dedicated to public use, including, but not limited to, a path,
trail, sidewalk, alley, street or highway, and a public park facility.
Wearina a helmet means that the person has a helmet fastened securely
to his/her head with the straps of the helmet securely tightened in the
manner intended by the manufacturer to provide maximum protection.
Sec. 2.
Restrictions and Prohibitions for Motor Assisted Scooters/Penalty for
Violations.
a. Restrictions and Prohibitions on Locations of Use
(1) It is unlawful for any child to operate or ride a motor assisted scooter
on any path, trail, alley, street or highway within the City, except on
paths and trails set aside for the operation of bicycles or on a
sidewalk.
(2) It is unlawful for any adult to operate or ride a motor assisted
scooter on any public way or public property for which the posted
speed limit is more than thirty-five (35) miles per hour. The motor
assisted scooter may cross a road or a street at an intersection
where the road or street to be crossed has a posted speed of more
that thirty-five (35) miles per hour.
b. Penalty
(1) A person who violates any provision of Section 2. a., above shall be
guilty of a Class C misdemeanor and upon conviction shall be fined
an amount not exceeding five hundred dollars ($500).
(2) The purpose of Section 2. is to promote safety and discourage the
use of motor assisted scooters in unsafe areas. The courts may
consider deferred dispositions under the Texas Code of Criminal
Procedure, as it exists or may be amended, whenever the
circumstances warrant deferred dispositions.
-~
Sec. 3.
Sec. 4.
Ordinance 0-03-1436
Page 3 of4
Helmets Required/Penalty for Failure to Wear Helmet
a.
Helmet Required
(1) It is unlawful for any child to operate or ride a motor assisted scooter
unless the child is wearing a helmet.
(2) It is a defense to prosecution that the motor assisted scooter was not
being operated upon public property or a public way at the time of
the alleged offense.
b. Penalty
(1) A person who violates any provision of Section 3.a., above, requiring
helmets shall be guilty of a Class C misdemeanor and upon
conviction shall be fined an amount not exceeding fifty dollars
($50.00) upon the first conviction and an amount not exceeding one
hundred dollars ($100.00) upon the second and each subsequent
conviction.
(2) The municipal court shall dismiss a charge against a child for a first
offense under Section 3.a., upon receiving proof that:
i. The defendant acquired a helmet on or before the tenth day
after receiving the citation of the violation.
(3) If the charge against a person is dismissed under subsection b. (2),
a later conviction for a violation of Section 3.a. shall be considered a
second or subsequent conviction for purposes of subsection b.(1).
(4) The purpose of Section 3. is to promote safety and encourage the
use of helmets. The courts may consider deferred dispositions
under the Texas Code of Criminal Procedure, as it exists or may be
amended, whenever the circumstances warrant deferred
dispositions.
Savings/Repealing Clause - All provisions of any ordinance in conflict with
this Ordinance are hereby repealed, but such repeal shall not abate any
pending prosecution for violation of the repealed ordinance, nor shall the
repeal prevent a prosecution from being commenced for any violation if
occurring prior to the repeal of the ordinance. Any remaining portions of
said ordinance shall remain in full force and effect.
'"
~~
Sec. 5.
Sec. 6.
Sec. 7.
Ordinance 0-03-1436
Page 4 of 4
Severability - Should any section, subsection, sentence, clause, phrase
or word of this Ordinance be declared unconstitutional or invalid by a court
of competent jurisdiction, it is expressly provided that any and all
remaining portions of this Ordinance shall remain in full force and effect.
Colleyville hereby declares that it would have passed this Ordinance, and
each section, subsection, clause or phrase thereof irrespective of the fact
that anyone or more sections, subsections, sentences, clauses and
phrases be declared unconstitutional or invalid.
Penalty Provision - Any person, firm, corporation or business entity
violating this Ordinance shall be deemed guilty of a misdemeanor, and
upon conviction thereof shall be fined as set forth herein. Each unlawful
act or continuing day's violation under this Ordinance shall constitute a
separate offense. The penal provisions imposed under this Ordinance
shall not preclude Colleyville from filing suit to enjoin the violation.
Colleyville retains all legal rights and remedies available to it pursuant to
local, state and federal law.
Effective Date - This Ordinance shall become effective after its adoption
and publication as required by law and the City Charter.
AND IT IS ORDERED:
The first reading and public hearing being conducted on the
December 2003.
day of
day of
The second reading and public hearing being conducted on the
January 2004.
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
Joe Hocutt
Mayor
APPROVED AS TO FORM AND LEGALITY:
Ross Foster
City Attorney
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