Ordinance 1993-45
ORDINANCE NO.
93 -t/~
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING SECTION 6.01
OF THE WYLIE CITY CODE, PARK HOURS OPEN TO THE PUBLIC; FURTHER
AMENDING THE A THLETICFIELDS POLICY AS ADOPTED BY ORDINANCE
93-9; BY MAKING PROVISIONS FOR THE CITY COUNCIL TO GRANT WAIVERS
OF PARK CURFEW HOURS ON A CASE BY CASE BASIS, REPEALING ALL
CONFLICTING ORDINANCES; CONTAINING A PENALTY CLAUSE; CONTAINING
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, Section 6.01 of the Wylie City Code provide that the Wylie Community Park
shall be closed to all activities from midnight to 6:00 a.m. each day, except for ball games or
other activities which unexpectedly exceed the midnight curfew which said activities may
continue until 1:00 a.m.; and,
WHEREAS, the City has received a request to allow an all night softbalJ tournament in
Community Park which would be in violation of said Section 6.01 as well as the allowable
tournament hours as set out in the City of Wylie Athletic Fields Policy - Community Park, as
adopted by ordinance 93-9; and,
WHEREAS, as a result of heavy usage and high demand for park facilities, as well as other
factors, the Council anticipates the City will be receiving additional requests for similar activities
which it could not allow or consent to under the present park regulations; and,
WHEREAS, the Council has determined that certain activities continuing past 1:00 a.m.
would not disrupt the peace and tranquility of the neighborhoods surrounding the Community
Park, nor jeopardized the safety and welfare of the citizens of the City, nor imperil the
improvement Ii within the park, so long as the activity was properly conducted by responsible
individuals or groups; and,
WHEREAS, the Council has determined that it desires to amend the existing Code to allow
Council to approve, on a case by case basis, activities which will go on past the 1:00 a.m.
extended curfew;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, as follows:
SECTION I
That Section 6.01 of Chapter 1 of the Wylie City Code, be and hereby is, amended by
deleting the existing section in its entirely and substituting the folJowing therefore:
"~ 6.01 Park Hours Open to the Public
(a) The community parks, recreation and community center, shall be open to the general
public only between the hours of 6:00 a.m. and 12:01 a.moo unless a ball game or other
recreational or community activity unexpectedly exceeds the 12:01 a. m. curfew, in which
event the time for closing the particular facilities involved will be extended to 1:00 a.m.,
at which time all activities in such facilities will cease, and the facilities will be closed
to the public until 6:00 a.m. the next morning.
(b) The curfew restrictions as provided in section (a) may be waived by the City
Council, on a case by case basis, on the written reque~i of the sponsor(s) of an activity
or event, if the Council determines that such activity or event will be conducted in such
a fashion so as not to cause disruption of the peace of the neighborhood, and not
otherwise adversely effect the safety or welfare of citizens or City facilities.
(c) It shall be unlawful for any person except members of the police and fire departments
or employees of the parks department engaged in the performance of their official duties
to be in any municipal park between the hours of 12:01 a.m. and 6:00 a.m. unless one
of the foregoing exceptions apply. "
SECTION II
That Ordinance 93-9 be, and it hereby is amended by addition of the folJowing sentence
to the last paragraph of the "tournament use" paragraph of the Policy adopted by said ordinance:
"The curfew provisions of these policies shall be subject to waiver by the City Council
in accordance with Section 6.01 of Chapter 1 of the Wylie City Code."
SECTION III
Any person violating the provisions of this ordinance, or any part hereof, commits an
unlawful act and shall be subject to the general penalty provisions of the Wylie City Code as set
forth in Section 1-1.06 thereof, as the same now exists or is hereafter amended.
SECTION IV
Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be
adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity
of this ordinance as a whole or any part or provision thereof, other than the part or parts as
declared to be invalid, illegal, or unconstitutional.
SECTION V
This ordinance shall be in full force and etlect from and after its adoption by the City
Council and publication of its caption as the law and the City Charter provide in such cases.
SECTION VI
That all other ordinances and code provisions in conflict herewith are hereby repealed to the
extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not
in conflict herewith shall remain infu)) force and effect.
SECTION VII
The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not
be construed as abandoning any action now pending under or by virtue of such ordinance; nor
shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or
to accrue, nor as effecting any rightli of the municipality under any section or provisions of any
ordinances at the time of passage of this ordinance.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this
_ day of October, 1993.
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ATrusT: ~'4~
Mary Nich s
City Secretary