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ORDINANCE NO. 15-3630
AN ORDINANCE AMENDING CHAPTER 1, ARTICLE 1.13, DIVISION 6,
SKATE PARK RULES OF THE CODE OF ORDINANCES OF THE CITY
OF PLAINVIEW, TEXAS, MODIFYING CURFEW HOURS FOR THE
SKATE PARK; SEVERABILITY CLAUSE; CUMULATIVENESS CLAUSE;
REPEALER; EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION
AND ENFORCEMENT OF SUCH ORDINANCE.
WHEREAS, on July 14, 2015, the City of Plainview City Council passed
Ordinance No. 15-3621, creating City of Plainview Code of Ordinances, Chapter
1, Article 1.13, Division 6, Skate Park Rules; and
WHEREAS, the City of Plainview City Council recommended at that time for the
staff to consider modifying the curfew hours for the new Plainview Skate Park to mirror
the curfew hours for Plainview parks in general once lighting was erected at such Skate
Park; and
WHEREAS, the City of Plainview erected LED lighting at the new Skate Park
resolving the concern of shadowing issues as a safety concern; and
WHEREAS, in light of the resolution of such safety concern, the City Council found
that an Ordinance modifying the curfew hours should be adopted to coincide with the
curfew hours for Plainview parks in general; and
WHEREAS, the City Council hereby determined that the Skate Park curfew hours
conspicuously posted in Skate Park area will be in the best interest of the public health,
safety, and general welfare and will aid in providing Skate Park users a restricted
environment to provide the safest possible entertainment for an activity that can be
hazardous without safety precautions.
NOW, THEREFORE, The City of Plainview hereby ordains that:
SECTION 1. The City of Plainview Code of Ordinances, Chapter 1, Article 1.13,
Division 6, Section 1.13.153, Closing Skate Park during Certain Hours, is hereby
created as follows:
Sec. 1.13.153. Closing of Skate Park during Certain Hours.
(a) The Skate Park shall be closed every day from 10:00 p.m. 12:00 midnight
to 8:00 a.m. and any time when signage is posted closing the Skate Park
for cleaning and maintenance.
(b) The Skate Park shall also be closed when it is raining, snowing or the
skating area is wet or icy.
(c) Graffiti and/or vandalism of the Skate Park area will result in closure of the
Skate Park for repairs.
Ordinance No. 15-3630
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(d) It shall be unlawful for anyone to loiter, idle, wander, stroll or play in such
Skate Park during such period when it is closed. However, if anyone applies
for permission to carry out an activity in the Skate Park during such hours,
and the Park Superintendent grants such exception for the specific activity
as not creating a disturbance or public nuisance, then the Park
Superintendent may impose reasonable restrictions and duties on the
person requesting an exception for such specific activity.
SECTION 2. Severability. Severability is intended throughout and within this Article. If
any provision, including any section, paragraph, sentence, clause, phrase or word or the
application thereof to any person or circumstance is held invalid, unconstitutional, or
unenforceable by a court of law or administrative agency with jurisdiction over the matter,
such action shall not be construed to affect any other valid portion of this Ordinance. A
constitutional construction hereof is intended and shall be given. There is no intent herein
to violate either of the Texas Constitution or the Constitution of the United States.
SECTION 3. Cumulativeness. Provisions of this Ordinance are cumulative and nothing
herein shall prevent, alter, or diminish the applicability or enforcement of other ordinances
restricting, regulating, or governing the subject matter herein.
SECTION 4. Repealer. All ordinances or parts of ordinances inconsistent with any
provision of this Ordinance are hereby repealed to the extent of such conflict, and the
provisions of this Ordinance shall be and remain controlling as to the matters regulated
herein.
SECTION 5. Effective Date. This ordinance shall be in full force and effect upon its
passage and publication as required by law.
PASSED AND APPROVED on first reading this 27th day of October, 2015.
PASSED AND APPROVED on second reading this 10th day of November, 2015.
ATTEST:
/7 -/-
Belinda Hinojosa, City etary
Ordinance No. 15-3630
ENDELL P, MAYO
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367
368
APPROVED AS TO CONTENT:
Jeffrey Manager
APPROVED AS TO FORM:
Les ie Spear Sch idt, City Attomey
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