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Ordinance 2005-28 ORDINANCE NO. 2005-28 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING WYLIE'S ORDINANCE NO. 78-17 (ARTICLE I (GENERAL TRAFFIC REGULATIONS) SECTION I-DEFINITION OF TERMS AND ARTICLE III (GENERAL OPERATION OF VEHICLES) SECTION 16-P ARADES AND PROCESSIONS) ESTABLISHING RULES AND REGULATIONS FOR PARADES; PROVIDING FOR A PERMIT FEE; PROVIDING FOR THE ISSUANCE AND REVOCATION OF PERMITS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF TillS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie") to amend Wylie Ordinance No. 78-17 (Article I (General Traffic Regulations) Section I-Definition of Terms and Article III (General Operation of Vehicles) Section 16-Parades and Processions) to establish rules and regulations for parades as provided herein. 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: AMENDMENTS TO WYLIE ORDINANCE NO. 78-17. Wylie Ordinance No. 78-17 (Article I (General Traffic Regulations) Section I-Definition of Terms and Article III (General Operation of Vehicles) Section 16-Parades and Processions) is hereby amended to add and/or amend the following: ARTICLE I-GENERAL TRAFFIC REGULATIONS (Section 1: DEFINITION OF TERMS) is hereby amended to include the following definitions: JJ. Applicant. A person who has filed a written application for a parade permit (commercial parade or parade). kk. Chief of Police. The Chief of Police for the City of Wylie, Texas, or hislher designee. 11. City. The City of Wylie, Texas. Ordinance No. 2005-28 Amendment Ord. No. 78-l7/Parades - Rules and Regulations mm. Commercial Parade. A parade, sponsored by any person, firm or business entity other than a nonprofit organization, assembled and/or conducted for the purpose of advertising a tangible and/or intangible product for sale and/or to promote an exposition and/or theatrical performance. un. Parade. The assembly of three (3) or more persons whose gathering is for the common design and/or purpose of moving in procession from one (1) location to any other location by, including but not limited to, walking, marching and/or any other mode of transportation. 00. Parade Permit. Written approval obtained from the Chief of Police for a Parade or Commercial Parade. pp. Permittee. The person to whom a Parade Permit is granted pursuant to this Ordinance. qq. Person. Any individual, assumed named entity, partnership, association, corporation, firm, organization or any other business entity. ARTICLE III-GENERAL OPERATION OF VEHICLES (Section 13: PARADES AND PROCESSIONS) is hereby amended to read as follows: A. Restrictions. [see Wylie Ordinance No. 78-17, as amended]. B. Funeral Processions. [see Wylie Ordinance No. 78-17, as amended]. C. Commercial Parades/Parades. 1. Application of Ordinance. A person violates this Ordinance if they engage in, participate in, aid and/or commence a pedestrian and/or vehicular Commercial Parade and/or Parade upon the streets of the City without making a prior written application for and receiving a Parade Permit from the Chief of Police as provided herein. 2. Exemptions. This Ordinance shall not apply to and no Parade Permit shall be required for the following (provided all federal, state, and local laws, rules, regulations and ordinances are followed): a. The armed forces of the United States of America, the military forces of the State of Texas and the forces of the City's police and fire departments acting within the course and scope of their respective duties. b. Funeral processions [see Wylie Ordinance No. 78-17(b), as amended] . Ordinance No. 2005-28 Amendment Ord. No. 78-17/Parades - Rules and Regulations c. A peaceful demonstration, as determined by the Chief of Police at a fixed location, except a tree. d. Sidewalk processions, which observe and comply with any and all traffic regulations, traffic-control devices and federal, state and local laws, rules, regulations and ordinances, utilizing that portion of a sidewalk nearest the street, but at no time more than one-half (~) of the sidewalk, as determined by the Chief of Police. 3. Parade Permit. a. Required Parade Fee. It shall be unlawful for any person to conduct and/or assemble a Commercial Parade and/or Parade without first obtaining a Parade Permit from the Chief of Police and paying the prescribed fee. The fee for issuance of Parade Permit is twenty-five dollars ($25.00). b. Application for Parade Permit. 1. Applications for a Parade Permit shall be made no less than ten (10) working days prior to the date and time of the commencement of the specific parade. 11. The application for a Parade Permit shall be signed by the applicant and contain the following information: (a) name, address and telephone number of the applicant and of any other person(s) on whose behalf the application is made. If the Commercial Parade and/or Parade is to be held by or for any person other than the applicant, the applicant shall attach a written statement from that other person showing the applicant's authority to make the application; b) if the Commercial Parade and/or Parade is to be held by an organization, the organization and/or the authorized and responsible heads of such organization; (c) date and time requested for the Commercial Parade and/or Parade; Ordinance No. 2005-28 Amendment Ord. No. 78-17/Parades - Rules and Regulations (d) Commercial Parade's and/or Parade's commencement time, the specific route to be traveled and the location of the starting and termination points; ( e ) estimated number of persons to participate in the Commercial Parade and/or Parade and the estimated number of animals that will be utilized; and (f) any other information that the City and/or the Chief of Police deem necessary. c. Standards for Issuance. 1. Upon receipt of an application for a Parade Permit, the Chief of Police shall furnish to the applicant, within seven (7) working days, approval or denial of the requested permit. 11. Should the application for a Parade Permit reveal that the Commercial Parade and/or Parade route requested will interfere with the orderly flow of vehicular and/or pedestrian traffic, the Chief of Police shall have authority to establish an alternate route and regulate the width of the Commercial Parade and/or Parade. d. Denial of Parade Permit. The Chief of Police shall deny a Parade Permit when: 1. the movement of the Commercial Parade and/or Parade will conflict in time and/or location with another Commercial Parade and/or Parade, a permit for which has been previously granted; or 11. the Chief of Police believes that the movement of the Commercial Parade and/or Parade will result in violence, riot and/or any other public safety concern and/or will interfere with the movement of traffic during peak traffic movement times. e. Revocation. The Chief of Police shall revoke a Parade Permit when: Ordinance No. 2005-28 Amendment Ord. No. 78-17/Parades - Rules and Regulations 1. the Commercial Parade and/or Parade fails to begin within thirty (30) minutes of the appointed time of commencement; or 11. the applicant made, or permitted to be made, a false or misleading statement or omission of material fact on an application for a Commercial Parade and/or Parade Permit. f. Appeal. Appeals from a decision of the Chief of Police shall be made in writing to the City Manager within two (2) days of the decision of the Chief of Police. The City Manager will, if possible, consider the appeal within twenty-four business (24) hours from the time the appeal is filed as provided herein. The City Manager's decision will be final. g. Duration of Parade Permit. The Parade Permit granted under the terms of this Ordinance shall not exceed a period of three (3) days. SECTION 3: 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 a sum not exceeding Three Hundred Dollars ($300.00). 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 4: SAVINGS/REPEALING CLAUSE. Wylie Ordinance No. 78-17 shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; 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 ordinances shall remain in full force and effect. SECTION 5: 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 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 hereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. SECTION 6: EFFECTIVE DATE. This Ordinance shall become effective from and after its adoption and publication as required by the Wylie City Charter and by law. Ordinance No. 2005-28 Amendment Ord. No. 78-17/Parades - Rules and Regulations DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 28th day of June 2005. ~,-{~ JO MONDY, Mayor ATTESTED TO AND \\11111/" CORRECTLY RECORDED BY: ,,'~~\~9,~...f~...,,~PPROVED AS TO FORM: $ , ..c -..<lI /.. ~ g ().... ~c:::=::::5l \<<' S W = : (c" T ~ =J !: : "J'~.fi~L : = ' -: ~ IC'.:.:-==-'i] .: = ~ >J) . . G ~ ~ .....,."' E1CHARD M. ~BERNATHY ~, tt-i-.........< ,,?-C:J ,-tity Attorney """ rL I E it-'/-- "" 'II ' \\\ IIIt'I\\I\\\ Date of Publication in The Wylie News - Julv 6. 2005 Ordinance No. 2005-28 Amendment Ord. No. 78-17/Parades - Rules and Regulations . ~ C&S Media, Inc. m:be jfl1rmer~bme m:ime~. 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 ()jJiIL- Chad Engbrock, Publisher Subscribed and sworn before me on this, the {~ day of fto , 2005 to certify which witness my hand and seal of office. ...~::.'~;"J~^.;.~,..."'..,"'!'y~..!ttt:,~'~,~""v~"'w-,;;;".~ .!'....fl:V I'?>tJ'- if' (/~(~/';~(i\ ADA L. MOONEY 'I . "'E'"'~:>;~. 'j .1 Notary Public .~\ s;,'::"\,,, I State ofT exes ~~"""".""f.,;;f My Comrn. EX'-.I_ 01-02-07 'f:'o,.ool<o'~::;'" t- --..~ t#tX1b Notary Public in and 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. 101 S. Main. P.O. Box 512. Fannersville, TX 75442.972-784-6397. fax 972-782-7023 r ~ Legal Notices ORDINANCE NO. 2005-25 AN ORDINANCE OF THE CITY OF WYLIE. TEXAS. AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE. AS HERETO- FORE AMENDED. SO AS TO CHANGE THE ZON- ING ON THE HERE- INAFTER DESCRIBED PROPERTY. ZONING CASE NUMBER 2005-10, TO PLANNED DEVEL- OPMENT (PD) DIS- TRICT FOR NEIGHBOR- HOOD SERVICES RETAIL USES; PROVID- ING FOR THE REPEAL ORDINANCE NO. 2005-28 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS. AMENDING WYLIE'S ORDINANCE NO. 78-17 (ARTICLE I (GENERAL TRAFFIC REGULATIONS) SEC- TION I-DEFINITION OF TERMS AND ARTICLE III (GENERAL OPERA- TION OF VEHICLES) SECTION 16-PARADES AND PROCESSIONS) ESTABLISHING RULES AND REGULATIONS FOR PARADES; PRO- VIDING FOR A PERMIT FEE; PROVIDING FOR THE ISSUANCE AND REVOCATION OF PER- MITS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVID- ING FOR REPEALING, SAVINGS AND SEVER- ABILITY CLAUSES; PROVlDlNd FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. ORDINANCE NO. 2005.29_. Applicant is requesting a variance in order to permit the overhead bay doors for an automotive car wash facility to face the front of the property. The public is invited to attend and make com- ments. Munal Mauladad-Faruqi Community Development Planner 972-675-1633 7-It-1370-36Ii CITY OF LAVON, TEXAS Notice is hereby given that the City Council of the City of Lavon, TX, has called a Public Hearing before the Planning amI Zoning Commission on Tuesday, July 26. 2005 al 7:00 p.m. in the Council Room at City Hall. 120 School Road, Lavon. Texas to receive public commenl on an amendmenl lo the Heritage Planned Development. amending the Planned Development District No. I Ordinance No. 2004-09-05 Dislricl Regulations Section 2.7.2 and Section 3.2.2. A second Public Hearing to consider the same issue will be held before the City COUQciL .0LJh,e.. ('j.ll! ..o( encouraged to attend the public hearing and express their opinions on the zon- ing change request. If you are unable to attend, but wish to have your opinions made a part of the public record, please complete the enclosed form and return it prior to the public hearing. Please print your name, address of the property you own and the tax accounl number (if applicable) on the enclosed form and return it to the following address: City of Wylie Department of Planning 2000 Highway 78 North Wylie, TX 75098 If the property owners of Clas~ . 20% or more of the land wilhin the 200 foot nolili- cation area tile a written prolesl prior lo the public hearing. state law provides that approval of the zoning change requesl shall require an aflirmalivc vote of 3/4 of the members of lhe Cily Council. The application is on file for public examination in the Planning Department at 200n Highway 78 North. Wylie, Texas. For addi- tional information, please contact the Planning Department at 972/442- R 158. Please reference the zoning case number when (t~Qu{',,~tin~ iQJUflyatillU. ~._ fence line, and on said Twin Creek Estates easter- ly line, a distance of 360.95 feet to a _" iron rod found for corner; THENCE northwesterly, along an old fence line, the following three (3) calls: 1. THENCE N 47 degrees 01 minutes 33 seconds West, a distance of 218.23 feet to a _" iron rod found for comer; 2. THENCE N 47 degrees 31 minutes 52 seconds West, a distance of 404.96 feet to a _" iron rod found for corner; Deadline for placement of a classified ad is noon ~OJ<l~J '.:JAntlJS (. 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