CITY OF MT. ENTERPRISE

                        ORDINANCE NO. 2008-0527-2

RESTRICTING THE ENTRANCE TO PARKS OR RECREATIONAL AREAS WITHIN THE CITY LIMITS; PROVIDING FOR A PENALTY, FOR SEVERANCE; AND DECLARING AN EMERGENCY.

WHEREAS, the Citizens of the City of Mt. Enterprise, Texas are concerned that damage and harm may be done to city parks or recreation areas; and

WHEREAS, the City of Mt. Enterprise, Texas, deems it necessary to restrict the entrance to the parks and recreational areas within the incorporated City of Mt. Enterprise, Texas;  any person entering any public or city park or recreational area by any other manner except through designated entrances shall be guilty of a misdemeanor. Additionally, motor vehicles of every kind and character including but not limited to motorcycles, motorbikes, 4-wheelers, utility vehicles, tractors, autmobiles or any other motor operated vehicles are prohibited within any such public or city park or recreational area except in designated roadways or parking areas.   Nothing herein shall prohibit the ingress and egress for legitimate and authorized maintenance or construction and any persons or entities so authorized may have full ingress and egress for such legal purposes.

THEREFORE:

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MT. ENTERPRISE, TEXAS:

Section One (1):  Definitions

       When used herein motor vehicle shall include any and all motor operated vehicles described above.

Section Two (2):  Offenses

       (a)   A person commits an offense if that person enters a public park or recreational area within the city limits in violation of the terms herein above set out.

       (b)   A person who commits such an offense under this section, is, on conviction, subject to a fine not to exceed $500.00. 

Section Three (3):  Exemption

       Nothing herein shall be deemed a violation if the ingress and egress by a motor vehicle is pursuant to legally authorized maintenance or construction of any public park or recreational area or any ancillary facility thereof.

Section Four (4):  Authority to Enforce

The Mayor of the City of Mt. Enterprise, Texas, or the City Marshall or his duly authorized representative may issue such citations as are necessary consistent with the terms of this ordinance.  The Judge of the Municipal Court of the City of Mt. Enterprise, Texas may issue such orders and decrees as are necessary to enforce this ordinance.

Section Five (5):  Effect on Other Laws

Nothing herein shall prohibit the enforcement of any other laws not inconsistent herewith.

Section Six (6):  Penalty

Upon conviction for violation of any provisions of this ordinance such violator shall be punished by a fine not exceeding $500.00.

Section Seven (7):  Severability

Should any section, paragraph, sentence, clause or provision hereof be held invalid, unconstitutional or unenforceable the same shall not be construed to affect any other valid portion of this ordinance, but all valid portions hereof shall remain in full force and effect.

Section Eight (8):  Effective Date

This ordinance shall be effective immediately from and after its date of its passage, an emergency being hereby declared.  PASSED AND ADOPTED on ___________________________, 2007.

                                                     Harvey Graves, Mayor

ATTEST:

Rosena Becker-Ross, City Secretary

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