Ordinance 2013-20 ORDINANCE NO. 2013-20
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS; ADOPTING DIVISION 3 (RULES AND REGULATIONS) OF
ARTICLE X (PUBLIC ARTS PROGRAM) OF CHAPTER 2
(ADMINISTRATION) OF PART 2 OF THE WYLIE CODE OF
ORDINANCES; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; PROVIDING FOR A PENALTY FOR THE
VIOALTION OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE
DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF.
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") established the
Publiu Arts Program for the City of Wylie, Texas ("Wvlie"); and
WHEREAS, it has come to the attention of the City Council that for the safety of the public,
preservation of the art and the protection of the public's investment in the public arts program,
Article X (Public Arts Program) needs to be amended to adopt rules and regulations related to art
that is part of the public arts program; and
WHEREAS, the City Council has investigated and determined that it would be
advantageous and beneficial to the citizens of Wylie to adopt Division 3 (Rules and Regulations) of
_, � Article X (Public Arts Program) of Chapter 2 (Administration) of Part 2 of the Wylie Code of
Ordin.ances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS:
SECTION 1: Findin�s Incorporated. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
SECTION 2: Adoption of Division 3 (Rules and Regulations) of Article X (Public Arts
Program) of Chapter 2 (Administration) of Part 2 of the Wvlie Code of Ordinances. Division
3 (R�.les and Regulations) of Article X (Public Arts Program) of Chapter 2 (Administration) of Part
2 of the Wylie Code of Ordinances is hereby adopted as follows:
"DIVISION 3. RULES AND REGULATIONS
Sec. 2-350. Rules and regulations related to art in the Wylie public arts
program.
The following acts shall be prohibited on any art in the Wylie public arts
program, as that term is defined in this Article X:
�'�` (1) Climbing, hanging, swinging, or jumping from or on any art and any violators
shall assume any risk of injury.
(2) Damaging, vandalizing, defacing or inappropriately using the art.
Ordinance No.2013-20-Amendment to Article X(Public Arts Program) Page 1 of 2
Secs. 2-351-2-60 Reserved." ~~~�
SECTION 3: Savings/Repealin� Clause. All provisions of any ordinance in conflict with
this O:rdinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate
any p�;nding 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 ordinances shall remain in full force and effect.
SECTION 4: Severability. Should any section, subsection, sentence, clause or phrase of
this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expre�sly 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 any one or more sections,
subser,tions, sentences, clauses, and phrases be declared unconstitutional or invalid.
SECTION 5: Penaltv Provision. Any person or entity violating this Ordinance shall be
deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to
exceed the sum of FIVE HLTNDRED DOLLARS ($500.00), unless the violation relates to fire
safety, zoning or public health and sanitation, including dumping and refuse, in which the fine shall
not exceed the sum of TWO THOUSAND AND NO/100 DOLLARS ($2,000.00). Each 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 immediately upon
its adc�ption and publication as required by law.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYL[E, TEXAS, on this 23rd day of April, 2013.
,
.;
� �
Eric Hogue, Mayqr
�
ATT�'.STED AND
CORI2ECTLY RECORDED:
�
Carole Ehrlich, ty Secretary
Dates cf Publication: ���� , The Wylie News �
Ordina�nce No.2013-20-Amendment to Article X(Public Arts Program) Page 2 of 2