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ORD 2016-16TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2016-16 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS; AMENDING SUBSECTION (23) OF SECTION 1.08.061, "PARK PROPERTY GENERALLY; PROHIBITED ACTS" OF DIVISION 3, "PARK REGULATIONS", OF ARTICLE 1.08, "PARKS AND RECREATION" OF CHAPTER 1, "GENERAL PROVISIONS" OF THE TOWN OF TROPHY CLUB CODE OF ORDINANCES TO ALLOW A CHANGE IN PARK HOURS; PROVIDING FOR THE INCORPORATION OF PREMISES, PROVIDING FOR AMENDMENTS; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club, Texas (the "Town") is a home rule municipality empowered to do all acts and make all regulations which may be necessary or expedient for the promotion of the public health, safety and general welfare; and WHEREAS, the Park Board, along with Staff, has reviewed the existing Ordinance governing the use of park property within the Town and has determined it necessary and appropriate to recommend that Council make various amendments thereto; and WHEREAS, the establishment of additional regulations and prohibitions is needed to create operational parameters for current and additional park properties and facilities; and WHEREAS, the Town Council has reviewed the proposed amendments and finds them appropriate. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES All of the above premises are true and correct and are hereby incorporated in the body of this Ordinance as if fully set forth herein. SECTION 2. AMENDMENT 2.01 Subsection (23) of Section 1.08.061, "Park Property Generally; Prohibited Acts: of Division 3, "Park Regulations", of Article 1.08, "Parks and Recreation", of Chapter 1, "General Provisions" of the Town of Trophy Club Code of Ordinances is hereby amended to allow a change in park hours and is hereby adopted so that subsection (23) shall be and read in its entirety as follows: "CHAPTER 1 GENERAL PROVISIONS ARTICLE 1.08 PARKS AND RECREATION Division 3. Park Regulations Section 1.08.061 Park Property Generally; Prohibit Acts Except as otherwise expressly provided, no person shall engage in any conduct prohibited by any section of this division, including but not limited to one or more of the following acts, while in or upon park property located within the incorporated limits of the town: (23) To remain in or upon any Park Property at a time when the Park Property is closed. Signs indicating hours of operation shall be posted at conspicuous locations to give notice thereof. Hours of operation for Park Property shall be as follows: A. Except as otherwise specifically provided herein, all Town Park Property shall be open for use by the public from 6:00 a.m. until 10:00 p.m., unless the use of such Park Properties has been scheduled with the Town for an athletic use, a special event, or a program, in which case use shall be restricted to persons engaged in or attending. B. For tournament play, the Facilities located at Harmony, Independence East, and Independence West Parks may be open on Friday and Saturday until 11:00 p.m. and on Sundays until 10:30 p.m., except that for Friday through Sunday play only, upon request from the Tournament Director, the Town Manager or his designee may authorize a thirty (30) minute extension for play." ORD 2016-16 Page 2 of 4 SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other ordinances of the Town affecting rules of procedure and shall not repeal any of the provisions of such ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this Ordinance; whether such ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or its application to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the Town Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the Home Rule Charter of the Town. SECTION 6. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Five Hundred Dollars ($500.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. SECTION 7. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Caption, Penalty and Effective Date Clause of this Ordinance as required by Section 52.011 of the Texas Local Government Code. ORD 2016-16 Page 3 of 4 SECTION 8. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. PASSED AND APPROVED by the Town of Trophy Club, Texas this the 12th day of April 2016. ATTEST: Holly Fimbr$s, Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Allu V"Ik� Patricia A. Adams , Town Attorney Town of Trophy Club, Texas C. Nick San ers, Mayor Town of Trophy Club, Texas OF TROP It, t, V\N v,� [SEAL] ORD 2016-16 Page 4 of 4