HomeMy WebLinkAbout19-3689 ordORDINANCE NO. 19-3689
AN ORDINANCE AMENDING THE CITY OF PLAINVIEW, TEXAS CODE
OF ORDINANCES ARTICLE 1.13, "PARKS AND RECREATION",
DIVISION 3, "RULES AND REGULATIONS", BY AMENDING SECTION
1.13.064, "RESTRICTED ACTIVITIES" BY AMENDING SUBSECTION (6)
RESTRICTING THE USE OF REMOTE CONTROLLED AIRCRAFT IN
PARKS AND BY ADDING SUBSECTION (10) PROHIBITING REMOTE
CONTROLLED BOATS IN TRAVIS TRUSSELL PARK; PROVIDING FOR
A PENALTY NOT TO EXCEED $500.00 FOR EACH OFFENSE;
PROVIDING AN EFFECTIVE DATE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A REPEALER AND PROVIDING FOR PUBLICATION.
WHEREAS, the City Council for the City of Plainview, Texas pursuant to the
constitution and laws of the State of Texas including, but not limited to, Article 11, Section
5 of the Texas Constitution as a home rule city, has the authority to set forth ordinances
and regulations and exercise its police powers for the public health, safety, morals, or
general welfare of the citizens of the City of Plainview and may establish rules regarding
the use of parks pursuant to Texas Local Government Code § 331.007; and
WHEREAS, the City of Plainview has a number of public parks within its municipal
limits and has previously established rules and regulations regarding the use of its parks
which can be found in the Code of Ordinances, City of Plainview, Texas, including but not
limited to Article 1.13, Division 3 of said Code of Ordinances; and
WHEREAS, there has been an increase in the use of remote controlled drones
within the City's public parks impacting the use of the City's parks by all patrons; and
WHEREAS, there has been an increase in the use of remote controlled motorized
boats at Travis Trussell Park which also serves as a wildlife habitat the use of the park by
the patrons of Travis Trussell Park as well as impacting the wildlife located thereon; and
WHEREAS, the City Council of the City of Plainview, finds the following
amendment regulating the use of drones within the City's parks and the use of remote
controlled motor boats at Travis Trussell Park is necessary, reasonable and beneficial for
the public health, safety and general welfare of the citizens of Plainview and a proper
exercise of its police power;
THAT: NOW THEREFORE, BE IT ORDAINED BY THE CITY OF PLAINVIEW, TEXAS
SECTION 1. The Code of Ordinances, City of Plainview, Texas, Article 1. 13, "Parks and
Recreation, Division 3, "Rules and Regulations", is hereby amended by amending
subsection (6) to read as follows (for reference purposes, new additions to the Code of
Ordinances are underlined and italicized):
Restricted Activities — Parks — Drones & Model Boats — Article 1.13
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r (6) Fly, launch, land or operate any unmanned aircraft including a
model airplane, hot air balloon, helicopter, -glider, unmanned aerial
vehicle (drone) or any component of an unmanned aircraft system
either by attached or remote control, in any park or playground within
the city except at the places set apart and designated as grounds
therefor.
SECTION 2. The Code of Ordinances, City of Plainview, Texas, Article 1. 13, "Parks and
Recreation, Division 3, "Rules and Regulations", is hereby amended by adding subsection
(10) to read as follows:
(10) Float launch dock or operate any unmanned boat including
a model boat sailboat raft canoe or sailboard at that portion of
Travis Trussell Park south of West loth Street and west of Ennis
Street known as Travis Trussell Pond.
SECTION 3. Penalty. A violation of any provision of this Ordinance shall be deemed a
misdemeanor punishable in accordance with Section 1.01.009 of the Code of Ordinances,
City of Plainview, Texas.
SECTION 4. Effective Date. This ordinance shall take effect immediately from and after
its passage and publication as may be required by governing law.
r-- SECTION 5. Repealed. All other terms and provisions of the Code of Ordinances, City
of Plainview, Texas not in conflict herewith and not hereby amended shall remain in full
force and effect.
SECTION 6. Severability. If any provision, section, subsection, sentence, clause or the
application of same to any person or set of circumstances for any reason is held to be
unconstitutional, void or invalid or for any reason unenforceable, the validity of the
remaining portions of this ordinance or the application thereby shall remain in effect, it
being the intent of the City Council of the City of Plainview, Texas in adopting this
ordinance, that no portion thereof or provision contained herein shall become inoperative
or fail by any reasons of unconstitutionality of any other portion or provision.
SECTION 7. Publication. The City Secretary of the City of Plainview is hereby
authorized and directed to cause publication of the descriptive caption of this Ordinance
as an alternative method provided by law.
Passed and approved on first reading this 12th day of March, 2019.
Passed and approved on second reading this 26th day of March, 2019.
r
Vlrendell Dunlap, Mayor
Restricted Activities - Parks - Drones & Model Boats - Article 1.13
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e,
110
ATTEST:
Belinda Hinojo ity Secretary
APPROVED AS TO CONTENT:
Jeffrey S� der, I y Manager
G
APPROVED AS TO FORM:
Matilhew L. Wade, City Attorney
Restricted Activities — Parks — Drones & Model Boats — Article 1.13
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