Ordinance 2005-26
ORDINANCE NO. 2005-26
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADDING SECTION
110-21 TO THE WYLIE CODE OF ORDINANCES; PLACING
RESTRICTIONS ON THE USE, OPERATION OR RIDING OF SKATES,
SKATEBOARDS OR SIMILAR NON-MOTORIZED ROLLING DEVICES,
OR THE PROPELLING OF ONESELF OR ANOTHER ON SKATES,
SKATEBOARDS OR SIMILAR NON-MOTORIZED ROLLING DEVICES
ON BALLARD STREET AND THE SIDEWALKS ALONG BALLARD
STREET BETWEEN HIGHWAY 78 AND BROWN STREET.; PROVIDING
FOR A PENALTY FOR ALL PERSONS AND PARENTS OF MINOR;
PROVIDING A REPEALING, SEVERABILITY AND SAVINGS CLAUSES;
PROVIDING FOR A PENALTY FOR THE VIOLATION OF TIDS
ORDINANCE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING
FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City Council of the City of Wylie ("City Council") has determined that
restriction of the use and operation of skates, skateboards, manually propelled scooters or similar
devices along Ballard Street between Highway 78 and Brown Street within the City of Wylie
("Wylie" or "City") 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 Wylie to prevent potential
traffic hazards, safety hazards and property damage resulting from use and operation of skates,
skateboards, manually propelled scooters or similar devices along Ballard Street between
Highway 78 and Brown Street.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
SECTION 2: Restrictions and Prohibitions for skates and skateboards/Penalty for
Violation. The Wylie Code of Ordinances is amended to add Section 110-21 as follows:
Sec. 110-21. Prohibition of skates, skateboards, manually propelled scooters or
similar devices along portion of Ballard Street and adjacent sidewalks.
(a) Restrictions and Prohibitions on Locations of Use.
(1 ) It is unlawful for any person to use, operate or ride skates, skateboards,
manually propelled scooters or similar non-motorized rolling devices, or
Ordinance No. 2005-26
Skateboard-Restrictions and Prohibitions
propel himself/herself or another on skates, skateboards, manually
propelled scooters or similar non-motorized rolling devices on Ballard
Street, and the sidewalks along Ballard Street, between Highway 78 and
Brown Street.
(2) It is unlawful for a parent, natural or adopted, or court-appointed guardian
or conservator of a child (hereinafter "parent") under eighteen (18) years
of age to allow or permit the child to use, operate or ride skates,
skateboards, manually propelled scooters or similar non-motorized rolling
devices, or propel himself/herself or another on skates, skateboards,
manually propelled scooters or similar non-motorized rolling devices on
Ballard Street, and along the sidewalks on Ballard Street, between
Highway 78 and Brown Street.
(3) It is presumed that a parent allowed a child to use, operate or ride skates,
skateboards, manually propelled scooters or similar non-motorized rolling
devices, or propel himself/herself or another on skates, skateboards,
manually propelled scooters or similar non-motorized rolling devices on
Ballard Street, and the sidewalks along Ballard Street, between Highway
78 and Brown Street.
(b) Penalty.
(1) A person who violates any provision of paragraph (a), above, shall be
guilty of a Class C misdemeanor and upon conviction shall be fined an
amount not exceeding five hundred dollars ($500.00).
(2) The purpose of this Section 110-21 is to promote safety and discourage
property damage. 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.
SECTION 3: 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.
SECTION 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. Wylie 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.
Ordinance No. 2005-26
Skateboard-Restrictions and Prohibitions
SECTION 5: 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 Wylie from filing suit to enjoin the violation. Wylie retains all
legal rights and remedies available to it pursuant to local, state and federal law.
SECTION 6: Effective Date: This Ordinance shall become effective from and after its
adoption and publication as required by law the City Charter and by law.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS on this 28th day of June, 2005.
ATTESTED TO AND
CORRECTLY RECORDED BY:
~ :@/
/ .
~ ~At:-
City ecretary .. .
""\\\\O"\FIII1 ~ MONDY, Mayor
,," 1_'"
~,~'" t"...."'.~.. r(, .........
..:- ..:.." ,.". ... /.. ~
~r~... ..::...<\~
, '-J. .". -
~. .-
- . . -
_ 0 . _
- . ~ -
_ <t '" _
- . .
- . "
- . .
_ . lJ-
.... . .-
,.. ,,-
~ ~ ~ ~
~ 0.... {<.,.:lI$:::
~ Vy i}e.Hj)~e" trC:; ""
""'// YL IE It.i-- """,
//11111 0;1\1 \ \ \\\\
Date of publication in The Wvlie News - Julv 6.2005
Ordinance No. 2005-26
Skateboard-Restrictions and Prohibitions
. * C&S Media, Inc.
'QJ:uc jfal'mcl'~biUc 'QJ:imc~. Murphy Monitor. The Princeton Herald · The Sachse News. THE WYLIE NEWS
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared Chad Engbrock,
publisher of The Wylie News, a newspaper regularly published in Collin County, Texas and
having general circulation in Collin County, Texas, who being by me duly sworn, deposed and
says that the foregoing attached
City of Wylie
Ord. No. 2005-25, Ord. No. 2005-26,
Ord. No. 2005-27, Ord. No. 2005-28, Ord. No. 2005-29
was published in said newspaper on the following dates, to-wit: July 6, 2005
()fJl1L-
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the
"~
day of
tl.o
, 2005
to certify which witness my hand and seal of office.
,.............:~......~.^.,>~#~<...""'l'l:>..":~~~~'~"'~..,,t"~..~_'<;;.,~
. l:;:~;";~::::~/;. " ADA L. MOOf'JEY $
{ ~(~tfI^C" ,"\ Notary Public '
. . 'fits:: r; State ofT €xas
\iI";.\ ':',/;~i , <."
.~;;/ My l;ornrn. Exp. 01.02.07
--..-
(#t /~?
Notary Public in ~nd for
The State of Texas
My commission expires 01/02/07
Murphy/Sachse/Wylie Office' 110 N. Ballard' P.O. Box 369' Wylie. TX 75098' 972-442-5515' fax 972-442-4318
Farmersville/Princeton Office' WI S. Main' P.O. Box 512' Fannersville. TX 75442'972-784-6397' fax 972-782-7023
--rIVE DATT~.
CUMPKeHI~I'l:'t1 v e
\}-It-_'71 11"- U;-,:'tI"'1.ly.... .......a....''!; O"'S'~,......'I,,;..:"Io
must be made 4R hours
prior to the meeting.
Contact the Onice of the
City Secretary at (972)
442-R 1 03. or (TDD) (972)
442-R I 70 for assistance.
NOTICE OF PUBLIC
HEARING
PLANNING AND ZON-
ING COMMISSION
AND CITY COUNCIL
An application has been
received by the City of
Wylie for a:
PROPOSED ZONING
CHANGE
Zoning Case Number:
2005-13
Applicant: Ryan Betz with
Skorburg Company
Location: East side of old
FM 544. south of Stone
Road
Property Description: See
Attached Legal
Description
Present Zoning:
Agriculture (A)
Requested Zoning:Planned
Development (PD)
EMERGENCY MAN-
AGEMENT; ACKNOWL-
EDGING THE OFFICE
OF EMERGENCY MAN-
AGEMENT DIRECTOR;
AUTHORIZING THE
APPOINTMENT OF AN
EMERGENCY MAN-
AGEMENT COORDINA-
TOR; AND PROVIDING
FOR THE DUTIES AND
RESPONSIBILITIES OF
THOSE OFFICES; IDEN-
TIFYING AN OPERA-
TIONAL ORGANIZA-
TION; GRANTING NEC-
ESSARY POWERS TO
COPE WITH ALL PHAS-
ES OF EMERGENCY
MANAGEMENT WHICH
THREATEN LIFE AND
PROPERTY IN THE
CITY OF WYLIE,
TEXAS; AUTHORIZING
COOPERATIVE AND
MUTUAL AID AGREE-
MENTS FOR RELIEF
WORK BETWEEN THIS
AND OTHER CITIES OR
COUNTIES AND FOR
RELATED PURPOSES;
REPEALING CITY OF
WYLIE ORDINANCE
NO. 91- I 6: PROVIDING
F..,OR A ~ENALTY FOR
THE VIOLATION OF
THIS ORDINANCE;
PROVIDING FOR
REPEALING. SAVINGS
AND SEVERABILITY
CLAUSES: PROVIDING
FOR AN EFFECTIVE
DATE OF THIS ORDI-
NANCE; AND PROVID-
ING FOR THE PUBLICA-
TION OF THE CAPTION
HEREOF.
ORDINANCE NO.
2005-26
AN ORDINANCE OF
THE CITY OF WYLIE.
TEXAS, ADDING SEC-
TION 110-21 TO THE
WYLIE CODE OF ORDI-
NANCES; PLACING
RESTRICTIONS ON THE
USE, OPERATION OR
RIDING OF SKATES.
SKATEBOARDS OR
SIMILAR NON-MOTOR-
IZED ROLLING
DEVICES, OR THE PRO-
PELLING OF ONESELF
OR ANOTHER ON
SKATES, SKATE-
BOARDS OR SIMILAR
NON-MOTORIZED
ROLLING DEVICES ON
BALLARD STREET AND
THE SIDEWALKS
ALONG BALLARD
STREET BETWEEN
HIGHWAY 7R AND
BROWN STREET.: PRO-
VIDING FOR A PENAL-
TY FOR ALL PERSONS
AND . PARENTS '..DF
MINOR; PROVIDING A
REPEALING, SEVER-
ABILITY AND SAVINGS
CLAUSES; PROVIDING
FOR A PENALTY FOR
THE VIOLATION OF
THIS ORDINANCE;
PROVIDING AN EFFEC-
TIVE DATE; AND PRO-
VIDING FOR THE PUB-
LICATION OF THE CAP-
TION HEREOF.
Exhibit "A"
Legal Description
Zone Change #2005-13
BEING a tract of land
located south of Stone
Road, and west of old FM
544 South and further
described as:
BEING a I R5. I 449 acre
tract of land situated in the
E.M. Priee Survey,
Abstract No. 725, the D.W.
Williams Survey, Abstract
No. 980. the Nathaniel I
I
Atterberry Survey, Abstract.
No. 1099, and the William ~
Sulton Survey, Abstract I
No. R60. Collin County,
Texas and the E,M. Price l
Survey, Abstract No. 1114,
Dallas County. Texas, said
tract being all of a 53.42 I
acre tractor land a!ld a-
134.33 a<;.re tract of land
conveyed by deed to Mrs.
Thelma Rice b'y Lone Star
Boat Co., recorded in
Volume 561. Page 226.
Deed Rccords, Collin
County. Texas
CD.R.C.C.T.) save and
except parcels take for road
rights-of-way and being
more particularly described
as follows:
Proposed Residential
Uses
This public hearing is held
to consider the application
as an amendment to the
Comprehensive Zoning
Ordinance of the City of
Wylie, Texas and the
Official Zoning Map. The
request will be considered
as follows:
City Council:
Tuesday, July 26. 2005.
6:00 pm
Each public hearing will be
held at the following loca-
tion:
City Council Chambers
of the Municipal
Complex
John Mondy, Mayor 2000 Highway 78 North,
Wylie, Texas
AN ORDINANCE OF ATTEST: This notice has been sent to
THE CITY OF WYLIE. Carole Ehrlich. Cit~a owners of real property
TEXAS. ESTABLISHIN~secretarY ithin 200 feet of the
RULES AND REGULA 6- I t-339-20Rli request as such ownership
TIONS FOR SPECIAL PUBLIC NOTICE appears on the last
EVENTS; PROVIDING approved city tax roll.
FOR A PERMIT FEE; The Board of Adjustment Action by the Planning and
PROVIDING FOR THE of the City of Sachse will Zoning Commission serves
ISSUANCE AND REVO- meet on Thursday, July 21, as a recommendation to the
CATION OF PERMITS; 2005 at 7:30 p.m. at Sachse City Council and is not a
PROVIDING FOR A City Hall, 5560 Hwy. 78, to final action on the request.
PENALTY FOR THE hear a request from ASG If the Commission recom-
VIOLATION OF THIS Rea Estate Company for a mends denial, a three-
ORDINANCE; PROVID- variance at property locat- fourths majority vote by
ING FOR REPEALING, ed approximately in the the City Council shall be
SAVINGS AND SEVER- 7000 Block of State required for approval.
ABILITY CLAUSES; Highway 78, further Zoning districts. amend-
PROVIDING FOR AN known as Tract 15, in the ments and conditions rec-
EFFECTIVE DATE OF James Cumba Abstract ommended by the
THIS ORDINANCE; AND #1747, City of Sachse, Commission for approval
PROVIDING FOR THE Dallas County; and Tract by the City Council may be
BEGINNING at a _" iron
rod lound for corner and
being the intersection of
the Westerly line of said
134.33 acre tract of land
with the Northerly line of
Vinson Road (a 60' ROW)
said intersection point
being at the most easterly
corner of Twin Creeks
Estates. an addition to the
City of Wylie. recorded in
Volume 72. Page R08. Map
Records, Dallas County.
Texas;
ORDINANCE NO.
2005-27
THENCE N 47 degrees 41
minutes 51 seconds West,
along an old fence line, and
on the Easterly line of said
Twin Creek Estates, a dis-
tance of 1276.47 feet to a
_" iron rod found for cor-
ner;
D1T1;l1 .tC',ATI01\..l.- np, "TUP "11') -::...,., ....._- :I.................'--~'!!.-.......'., ____~~ ,-.."..,,~"';~_~_;t.b,_ T~"t;',v:tot,J"._A.::;tdl'''-_~;;'PII::'LA-''''