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HomeMy WebLinkAboutO-2010-3223 amendChapter 6 and 50/regarding regulation of city parks:b] REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: February 22, 2010 Requested By: Stephen L. Barr Department: Parks & Recreation Report: _Resolution: Ordinance: X Exhibits: Ordinance Amending CH 6 & Ch 50 Ordinance Amending CH 6 & Ch 50 Review Exhibits: Copy, Showing Additions & Deletions Exhibits: Appropriation Source of Funds: N/A Acc't Number: Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: YES NO SUMMARY & RECOMMENDATION In the past several years the City of La Porte has opened (and closed) several parks and facilities and we need to update our Ordinances by amending several issues relative to those changes. In particular, with the addition of the Five Points Town Plaza, the regulatory issues relating to alcohol permitting in our parks and general uses in parks needed to be upgraded. Our Ordinance governing public hours of operation of our parks was not codified and so now is being included in this amendment. The following bullets highlight the major changes being proposed in this amendment. • Codify and define existing alcohol permit rules and regulations that are currently in use. • Add new parks to park system inventory and codify public hours of operation for parks in the City of La Porte park system. • Remove two facilities that are no longer serving as park related or rental facilities. • Change the status of Fairmont Park from Regional Park to Community Park status in anticipation of the new sports complex opening. • Add additional general use provisions for parks in the City of La Porte park system. • Remove provisions for the operation of Sylvan Beach Pavilion. Staff recommends approval of the Ordinance amending Chapter 6 and Chapter 50 as shown. The amendment will allow us to operate the new facilities more efficiently and appropriately. OF lConsider approval of an Ordinance amending Chapter 6 and Chapter 50 of the Code of Ordinances the qity of La Porte. Ron tt !Jtv Date 1000 - ORDINANCE NO. ---3Z 23 AN ORDINANCE AMENDING CHAPTER 6 "ALCOHOLIC BEVERAGES" AND CHAPTER 50 "PARKS AND RECREATION" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS; CONTAINING A SEVERABLITY CLAUSE; CONTAINING A REPEALING CLAUSE; CONTAINING AN OPEN MEETINGS CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF;AND PROVIDING AN EFFECTIVE DATE; BE 1T ORDAINED BY THE COUNCIL OF THE CITY OF LA PORTE: SECTION 1. Chapter 6 "Alcoholic Beverages", Article I "In General", Section 6-1 "Definitions", of the Code of Ordinances of the City of La Porte, Texas is hereby amended, by including the following terms which shall be added in proper alphabetical sequence, and which shall hereinafter read as follows: Alcohol Permit — A City of La Porte Alcohol Permit authorizes the PERMITTEE to provide alcoholic beverages at no charge, to guests at a specific event whose time and place have been approved through the City of La Porte Parks & Recreation Department procedure for such event, on City of La Porte owned or leased property. Under no circumstances does the City of La Porte Alcohol Permit supersede the Federal, State, or Local Law, Ordinance, or rules and regulations established by the Texas Alcoholic Beverage Commission or other regulatory authority. Security Officer - Security for events held on City of La Porte property, is provided by contractual agreement, by the La Porte Police Officer's Association (LPPOA). Payment for services rendered under this contract, are made by the LESSEE, directly to the LPPOA, through the Security Officers provided for the event. Restricted Use Event - an event which is attended by invited guests only. Non -Restricted Use Event — an event which is open to the public. Lessee — the person who has paid for the rental of the facility and has paid for the requisite Alcohol Permit, provided that the prerequisites for such permit have been met. SECTION 2. Chapter 6 "Alcoholic Beverages", Article I "In General", Section 6-3 "Consumption or possession with intent to consume alcoholic beverages on city property", of the Code of Ordinances of the City of La Porte, Texas is hereby amended, which said section shall hereinafter read as follows: Page 1 of 13 "Sec. 6-3. Consumption or possession with intent to consume alcoholic beverages on city property. (1) Prohibited. A person commits an offense if he consumes or possesses with intent to consume an alcoholic beverage in or on any real property owned by or leased by or to the city or the La Porte Independent School District. (2) Permits for certain noncommercial events. The Director of Parks and Recreation may issue special permits for noncommercial events (such as wedding receptions, private parties and similar gatherings, but not including athletic events), for a daily fee in an amount established by the city and listed in appendix A of this Code, permitting consumption of alcoholic beverages in or on any real property owned by or leased by or to the city. (3) Rules, Regulations, & Security Requirements for Special Events with Alcohol Permits, at Recreation Centers & Outdoor Facilities. (a) Alcohol Permits will not be issued at City of La Porte Recreation Centers, with the exception of Evelyn Kennedy Civic Center, unless authorized by the Director of Parks & Recreation or the Department Operations Manager. (b) Alcohol Permits will be issued at City of La Porte outdoor venues upon approval of a Special Use Event Permit or Co -Sponsorship Event Permit, also issued by the Director of Parks & Recreation or the Department Operations Manager. Exception will be made for the Lomax Rodeo Arena, provided a standard Rental/Lease agreement is completed satisfactorily by the Lessee. (c) Alcohol is permitted to be consumed at City of La Porte owned or leased property by Permit only. Alcoholic beverages of any kind CANNOT be sold by Lessee or guests. A City of La Porte Alcohol Permit must be purchased at the Parks & Recreation office for $25 and posted at the event. If the permit is not posted, Security Officers will not allow any consumption of alcohol, and all alcohol will need to be removed from the premises. The person whose signature is on the permit must be on site the entire time alcohol is being consumed. All laws, Ordinances, rules and regulations regarding possession & consumption of alcoholic beverages, shall be strictly complied with. Alcohol consumption will be confined to the congregate/kitchen areas only, for buildings, and fenced or enclosed areas for outdoor events, as specified in the Permit. No alcoholic beverages will be permitted to be carried out of that designated area, nor can it be consumed in the parking lot(s). (d) The duties of Security Officer includes counting the number of guests at the front door to meet fire code and department regulations, monitoring the ballroom and parking Page 2 of 13 lot; and enforcing all existing National, State, and Local Laws, Ordinances, and Parks & Recreation Department Rules and Regulations. (e) It is the purview of the Parks and Recreation Director, the Operations Manager, or their designee, to determine the specific number of Security Officers required for each event and to arrange for such security service, based on the guidelines above, the governing City Ordinance(s), and the information provided by the Lessee. Therefore, the Pre -Event Security Request Forms sent to the Police Department will designate the predetermined number of security required for each event. Only the Parks and Recreation Department Director or Operations Manager for the Department are authorized to make changes to the number of security required, as mentioned above, for unforeseen circumstances that may make an adjustment in security levels necessary. The Lessee does not have authority to reduce pre -arranged security levels for any event. Security Officers are authorized to restrict the number of attendees for an event to the number pre -specified by the Lessee. (f) Security Officers are required whenever alcohol is permitted. The City of La Porte has a contractual agreement with the La Porte Police Officers' Association, and they have the exclusive right to provide security services for City of La Porte events. Lessee agrees to allow the City of La Porte to arrange for Security Officers, and agrees that Lessee will pay $30 per hour per Security Officer. Security must be scheduled by the seventh (7t) business day prior to the event date and no changes can be made seven (7) or less business days prior to event. If for any reason the event is cancelled seven (7) or less days prior to the event, the customers deposit will be applied to the Security Officer's payment and invoiced for the difference if any. Security Officers are to be PAID IN CASH the actual date of the event prior to the events scheduled time. If the payment for security services is not paid in cash prior to the event, the contract for the event shall be considered null and void, and the Security Agent has the right to cancel the event. Please be aware you will forfeit your deposit and rental fee, and the event will not take place if you fail to meet this obligation. (g) It is the responsibility of the Security Officers to keep fully informed of, and enforce all existing and future Federal, State, and Local Laws, Ordinances, as well as rules and regulations of the Parks & Recreation Department. (h) Lessee is responsible for all payments to Security Officers for services rendered, except in cases where scheduling conflicts arise and Parks & Recreation personnel are at fault. Final determination of fault lies solely with the Director of Parks & Recreation or the Department Operations Manager. (4) Exceptions. The Bay Forest Golf Course is expressly exempted from subsection (a) of this section; provided, however, that the city -approved concessionaire shall comply with section 6-38 of this Code which requires an annual license from the city for the sale Page 3 of 13 of beer, wine or other alcoholic beverages." SECTION 3. Chapter 50 'Parks and Recreation". Article I "In General" Section 50-1 "LaPorte Park System established", of the Code of Ordinances of the City of La Porte, Texas is hereby amended, which said section shall hereinafter read as follows: "Sec. 50-1. La Porte Park System established. (a) The city council for the City of La Porte, by this section, establishes general use provisions regulating park and facility usage for all parks, park areas, park related facilities, and rental facilities in the City of La Porte Park System. Public conduct and usage of each park, park area, park related facility or rental facility in the city park system shall be governed according to the provisions described herein. (b) It is unlawful and, unless otherwise declared in this chapter with respect to particular offenses, it is a misdemeanor for any person to do any act forbidden or fail to perform any act required in this chapter. Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined in this chapter, during the prosecution of such offenses in any criminal proceeding." SECTION 4. Chapter 50 'Parks and Recreation". Article I "In General" Section 50-2 "Parks and park area defined", of the Code of Ordinances of the City of La Porte, Texas is hereby amended, which said section shall hereinafter read as follows: "Sec. 50-2. Parks and park areas defined. The parks, park areas, park related facilities, and rental facilities which comprise the City of La Porte Parks System are listed below and their location within the city established. (1) Parks, Neighborhood: Name of Park Bay Oaks Park Brookglen Park Creekmont Park (un -named park) "D" Street Linear Park Fourteenth St. Park Glen Meadows Park Ohio St. Park Pete Gilliam Park Pfeiffer Park Seabreeze Park Location 254 Dwire 3324 Somerton 700 Willow Creek 3800 Driftwood 200-800 North "D" Street 500 North 14'h Street 5100 Valley Brook 300 South Ohio 200 North Holmes 900 South Virginia 1322 Bayshore Drive Page 4of13 Spenwick Park Tom Brown Park (2) Parks, Community: Name of Park Central Park Northside Park Fairmont Park (3) Parks, Regional: Name of Park Little Cedar Bayou Park Lomax Park Northwest Park Five Points Town Plaza (un -named sports complex & park) (4) Park Related and Rental Facilities Name of Facility Brookglen Recreation Center Evelyn Kennedy Civic Center La Porte Recreation and Fitness Center La Porte Rodeo/Riding Arena La Porte Special Programs Center Lomax Community Center Sylvan Beach Fishing Pier Jennie Riley Recreation Center Charles Walker Annex 19225 Carlow 300 South Lobit Location 618 San Jacinto 322 North 4d' Street 3540 Farrington 600 South Little Cedar Bayou Drive 1508 Lomax School Road 10200 North "P" Street 101 S. Broadway @ Main Street 3600 Canada Road Location 3324 Somerton 618 San Jacinto 1322 South Broadway 1508 Lomax School Road 1320 South Broadway 1508 Lomax School Road 812 North Bayshore Drive 322 North 4ffi Street 322 North 4tt' Street (5) Park areas defined. Park areas shall be defined as any City of La Porte property or grounds which are maintained by the parks and recreation department, including parkways, esplanades, subdivision entrances, and other areas which are under the control of the parks and recreation department. (6) Parks, park areas, park related facilities, rental facilities, additions. Future addition of dedicated parkland, park areas, park related facilities, rental facilities to the City of La Porte Parks System, as approved by city council or placed under the control of the parks and recreation department by executive order; shall be subject to and be governed by the provisions described herein." SECTION 5. Chapter 50 'Parks and Recreation". Article I "In General" Section 50-3 "Park use Page 5of13 generally", of the Code of Ordinances of the City of La Porte, Texas is hereby amended, which said section shall hereinafter read as follows: "Sec. 50-3. Park use generally. No person shall use any park, park area or park related facility or rental facility for any purpose other than for the purpose for which it was designed, dedicated, or for which special use has been granted. (1) Special use generally. No person shall hold, conduct, or cause to occur any special use of any park, park area or facility without first obtaining the written permission of the Director of Parks and Recreation. (2) Special park facilities generally. No person shall visit, use or otherwise be within or upon any park, park area, park related facility or rental facility outside the posted hours of operation without the written permission of the Director of Parks and Recreation, nor shall any person during such posted hours be within or upon such facilities without first paying any applicable fees and/or securing any required permits related thereto. (3) Concessions and sales generally. No person shall have the right to offer anything for sale or barter, or to exhibit anything, or to conduct any amusement, recreational activity, sports event, or other business for which any participation or admission fee is charged or revenue is otherwise derived within any park, park area, park related facility or rental facility without fust obtaining the written consent of the Director of Parks and Recreation. (4) Playing of musical devices. No person shall play any musical instrument, radio, tape player, compact disc player, or other musical device within the parks system other than for his/her own enjoyment, provided that such person shall not thereby encroach upon the use and enjoyment of the parks by others. (5) Glass containers prohibited- exception. No person shall bring into or upon the parks, or have in his/her possession while therein or thereupon, any glass receptacle including but not limited to glass bottles, glass jars, drinking glasses or other glass containers of any kind. The prohibition of glass containers shall not apply to baby bottles, baby food jars, glass lined vacuum bottles and glass lined picnic beverage coolers. (6) Litter prohibited. No person shall throw or otherwise dispose of any trash or litter in any park, park area, park related facility, rental facility, or water area except in the containers provided therefor. (7) Dumpingprohibited. No person shall dump any debris, junk, garbage, waste, fill, or other material onto or into the parks system or the water areas thereof (8) Camping prohibited. No person shall establish a campsite upon or use any area of the parks system as a campsite without the prior written permission of the Director of Parks and Page 6of13 Recreation. (9) Building offires prohibited. No person shall build or cause to be built any fires within the parks or park areas except in the camp stoves or grills provided therefor an only for the purpose of food preparation. Personal stoves or grills brought to the parks by the public for such purposes shall be exempt from this provision, provided such apparatus is located so as not to harm or endanger any tree, shrub, building, or park appurtenance, or thereby encroach upon the use and enjoyment of the parks by others. Exceptions may be provided, subject to written permission and approval of the Director of Parks and Recreation and the city fire marshal. (10) Fireworks prohibited. No person shall discharge any fireworks upon or within the parks system. Professional fireworks displays proposed as a part of an event of program shall be exempt from this provision subject to the written permission and approval of the Director of Parks and Recreation and the city fire marshal. (11) Flying of kites, radio controlled airplanes restricted. No person shall fly any kite, radio controlled airplane or similar device within 100 feet of any park building or playing field in use by other patrons, nor operate such device so as to endanger any park patron or thereby encroach upon the use and enjoyment of the parks by others. (12) Amusement rides prohibited. No person shall erect or operate any mechanical amusement rides, midway rides, air containing apparatus, or similar apparatus within the parks system, without the prior written permission of the Director of Parks and Recreation. (13) Vehicles in parks generally. No person shall drive or propel any passenger car, pickup truck, sport utility vehicle, motorcycle, all -terrain vehicle, go-cart, trail bike, or any other vehicle over or through the parks, park areas, sports fields, or other park facilities except along or upon designated park drives, or parkways. a. Parking of vehicles. No person shall park any motorized vehicle in the parks system except in the areas designated for such purpose. b. Commercial or heavy laden vehicles prohibited. No person shall drive, propel, or park any heavily laden vehicle, or vehicle carrying merchandise, goods, material or rubbish, or any moving van or truck within the parks, park areas, or park facilities. C. Vehicles; exception. The provisions related to vehicles herein shall not apply to carts required for accessibility and operated by senior citizens or physically challenged individuals, or where the operation and/or usage of such vehicles or other vehicles are approved by the Director of Parks and Recreation as a part of routine maintenance, or a program, activity, or event. In the event that motorized vehicles are allowed in park areas within the park system, such motorized vehicles shall not interfere with nor impede pedestrian traffic within the said park areas. Page 7of13 (14) Riding or driving animals; exception. No person shall ride or drive any horse, cattle, goat, sheep, donkey, mule, or other livestock over or through the parks, park areas, or park facilities, except along or upon designated bridle paths and driveways, or to or from loading or unloading points, or unless prior approval has been received therefor by the Director of Parks and Recreation as a part of a program, activity or event. This provision will not apply to the area at Lomax Park designated as the Lomax Arena and its surrounding areas. (15) Teasing, injuring, etc., animals, fowl or fish, prohibited. No person shall tease, annoy, molest, catch, or throw any stone, object or missile of any kind at, or strike with any stick, object or weapon any animal in a park. This provision will not apply to fishing or fishing activities in any body of water in the park system. (16) Gambling, games of chance prohibited. No person shall gamble, conduct or operate any bingo, lottery or other games of chance within a park, park area, or park related facility, or rental facility. This provision will not apply to bingo games at the senior citizens center, or other nonprofit game, which is approved in writing by the Director of Parks and Recreation. (17) Distribution of alcoholic beverages restricted. No person shall sell, give away, or otherwise distribute any alcoholic beverage, as defined by the Texas Alcoholic Beverage Code, on or within the parks, park areas, park related facilities, or rental facilities unless authorized by concessions contract or agreement, or through a permit issued by the Director of Parks and Recreation. In considering any permit request pertaining to alcoholic beverages, the Director of Parks and Recreation shall evaluate the purpose of the permit request, the location of the proposed activity, and the likelihood of any adverse impacts of distributing such beverages. As a condition of any permit issued to sell or distribute alcoholic beverages, the Director of Parks and Recreation may require the presence of two or more certified police officers, the cost of which is to be borne by the requesting party. Approval of the Director of Parks and Recreation to distribute or sell alcoholic beverages shall be conditional to any permit approvals, licensing requirements, or restrictions of the Texas Alcoholic Beverage Commission (T.A.B.C.) (18) Alcoholic beverages prohibited. No person shall consume or display any alcoholic beverage within any park, park area, or park related facility, or rental facility of the City of La Porte, as designated herein, except with a permit issued by the Director of Parks and Recreation. (19) Erecting structures, bill posting, etc., prohibited. No person shall place, erect, or attach any structure, sign, bulletin board, post, pole, or advertising device of any kind whatever in the parks, park areas, or park facilities; or attach any notice, bill, poster, sign, wire, rod, or cord to any tree, shrub, fence, railing, post, or structure in the parks, park areas, or park related facilities, or rental facilities unless authorized by a written, signed agreement or permit issued by the Director of Parks and Recreation. Page 8 of 13 (20) Handbill distribution prohibited. No person or bill distributor shall hand to or foist upon any park patron a handbill or other material without the consent of such park patron, nor shall any bill distributor thereby encroach upon the use and enjoyment of the parks system by others. (21) Walking, standing, or sitting on borders, flower beds, etc., prohibited. No person shall walk, stand, or sit on or in any border, flower bed, monument, vase, fountain, railing or fence in the parks, park areas, park related facilities, or rental facilities unless the border, et al, is clearly designed or designated for such purpose. (22) Removal of plants, tree cutting prohibited. No person shall remove or cut any flower, shrub, vine, tree, or other plant in the parks system without the written permission of the Director of Parks and Recreation. (23) Planting of trees, plants, restricted. No person shall plant any flower, shrub, tree, or other plant in the parks system without the written permission of the Director of Parks and Recreation. (24) Hunting, use of firearms prohibited. No person shall hunt any animal or shoot, fire, or discharge any pistol, shotgun, or rifle, other firearm or archery arrow in, on, along, or across any park, park area, or park related facility, or rental facility. (25) Dogs or other animals in park buildings, facilities prohibited. No person having control over a dog, or any other animal, shall bring such an animal into any special park facility or park building except the Lomax Arena and surrounding areas of Lomax Park. This provision shall not apply to a guide dog or to a dog or other animal brought into a park building under a permit issued therefore by the Director of Parks and Recreation. (26) Vandalism, defacement of property. No person shall perform any act of malice, vandalism, or otherwise deface any real or personal property in, on, or within any park, park area, park related facility, or rental facility in the parks system. (27) Dogs or other animals, pets, on park property other than buildings, facilities. Dogs, animals, or pets on leash may enter park property, except as restricted in subparagraph 25 of this section, for the purpose of recreation. It is the responsibility of the owner/leash holder to control the activities of the dog, animal or pet; and the said owner/leash holder of the dog, animal or pet is responsible for any damages or injuries caused by the dog, animal, or pet while on park property. It is the responsibility of the owner/leash holder to remove and properly dispose of waste deposits discharged by a dog, animal, or pet on park property. (28) Vendors. No person shall vend, sell, solicit, or otherwise exchange merchandise in a City park or park facility unless a special use permit has been issued for such purpose by the Director of Parks & Recreation pursuant to Section 50-14 of this Code, and when Page 9 of 13 required by this Code, a solicitor's permit has been issued by the City Secretary. SECTION 6. Chapter 50 "Parks and Recreation". Article I "In General" of the Code of Ordinances of the City of La Porte, Texas is hereby amended by adding Section 50-18 "Establishing public hours of operation for park use generally", which said section shall be added in proper numerical sequence, and shall hereinafter read as follows: "Sec. 50-18. Establishing public hours of operation for park use generally. The City Council for the City of La Porte establishes hours of public operation for all City Parks and park related facilities and rental facilities in the City of La Porte park system. Each park, park related facility or rental facility in the City Park system shall be open to, and be closed to the general public each day according to the schedule described herein. The parks, park related facilities, and rental facilities of the City of La Porte Parks System are classified below and their hours of public operation are as follows, unless written authorization is given for a special event at the park or facility as provided for in this Ordinance. (1) Parks, Neighborhood: Name of Park Bay Oaks Park Brookglen Park Creekmont Park (un -named park @ 3800 Driftwood) "D" Street Linear Park Fourteenth St. Park Glen Meadows Park Ohio St. Park Pete Gilliam Park Pfeiffer Park Seabreeze Park Spenwick Park Tom Brown Park (1) Parks, Community: Name of Park Central Park Northside Park Fairmont Park Hours of Operation 7:00 a.m. - 9:30 p.m. 7:00 a.m. - 9:30 p.m. 7:00 a.m. - 9:30 p.m. 7:00 a.m. - 9:30 p.m. 7:00 a.m. - 9:30 p.m. 7:00 a.m. - 9:30 p.m. 7:00 a.m. - 9:30 p.m. 7:00 a.m. - 9:30 p.m. 7:00 a.m. - 9:30 p.m. 7:00 a.m. - 9:30 p.m. 7:00 a.m. - 9:30 p.m. 7:00 a.m. - 9:30 p.m. 7:00 a.m. - 9:30 p.m. Hours of Operation 7:00 a.m. - 10:00 p.m. 7:00 a.m. - 10:00 p.m. 7:00 a.m. - 10:00 p.m. Page 10 of 13 (2) Parks, Regional: Name of Park Little Cedar Bayou Park Lomax Park Northwest Park Five Points Town Plaza (un -named sports complex & park) (3) Park Related and Rental Facilities Name of Facility Brookglen Recreation Center Evelyn Kennedy Civic Center Jennie Riley Recreation Center Charles Walker Annex La Porte Recreation and Fitness Center La Porte Rodeo/Riding Arena** La Porte Special Programs Center Sylvan Beach Fishing Pier*** Hours of Operation 7:00 a.m. - 11:00 p.m. 7:00 a.m. - 11:00 p.m. 7:00 a.m. - 11:00 p.m. 7:00 a.m. - 11:00 p.m. 7:00 a.m. - 11:00 p.m. Hours of Operation Daily as Scheduled, except Sunday Daily as Scheduled, except Sunday Daily as Scheduled, except Sunday Daily as Scheduled, except Sunday Monday - Friday 5:30 a.m. - 9:00 p.m. Saturday & Holidays Open* 10:00 a.m. — 6:00 p.m. Sundays 00 p.m. - 6:00 p.m. 7:00 a.m. - 11:00 p.m. Daily as Scheduled, except Sunday 5:00 a.m. - 11:00 p.m. * The La Porte Recreation & Fitness Center is closed to the public on the following holidays - Christmas Eve Day, Christmas Day, Thanksgiving Day, Easter Sunday, & New Year's Day. ** The Riding Arena at Lomax Park may remain open to the public until 12 Midnight on Friday and Saturday nights, if the facility is rented for a special event. *** The Sylvan Beach Fishing Pier may remain open 24 hours per day during certain fishing days as determined by the Concessionaire, per agreement between the City of La Porte and the Concessionaire. Secs. 50-19--50-30. Reserved. SECTION 7: Chapter 50 "Parks and Recreation", Article VI "Sylvan Beach", Division I "Generally", Section 50-186, "Parking Charges", of the Code of Ordinances of the City of La Porte, Texas is hereby repealed in its entirety. SECTION 8. Chapter 50 "Parks and Recreation", Article VI "Sylvan Beach", Division I Page 11 of 13 "Generally" of the Code of Ordinances of the City of LaPorte, Texas is hereby amended by amending Sections 50-187--50-205. "Reserved", which said Section shall read as follows: "Secs. 50-186--50-205. Reserved." SECTION 9: Ordinances 1783 and 1783-A, and as codified in Chapter 50 "Parks and Recreation", Article VI "Sylvan Beach", Division 2 "Sylvan Beach Pavilion", of the Code of Ordinances of the City of LaPorte, including all sections under said Division 2, beginning with Section 50-206 "Rental Fee Policy and Schedule Established" and through and including Section 50- 216 "Liability Insurance", and Secs. 50-217--50-235. "Reserved", is hereby repealed in its entirety. SECTION 10. Chapter 50 "Parks and Recreation", Article VI "Sylvan Beach", Division 3 "Fishing Pier" of the Code of Ordinances of the City of La Porte, Texas is hereby amended and shall hereinafter read as follows: "DIVISION 2. FISHING PIER Sec. 50-206. Fee policy established; adjustment. (a) The city council has established fees for Sylvan Beach Fishing Pier. The city council has sought to establish fees which will amortize the initial costs to provide the facility and to increase use and access to the facility by all community groups. The city council hereby establishes its firm policy, in fairness to all users, that no waiver of fees, discounts from fees or deviations from the published schedule of fees shall be allowed by the city council nor by city administrative staff. (b) The city council will review the income and expenses of Sylvan Beach Fishing Pier, and will make appropriate adjustments to the fees as conditions warrant. Sec. 50-207. Pier use fees. The Sylvan Beach Fishing Pier shall be open seven days a week at a daily rate in an amount established by the city and listed in appendix A of this Code. The first 25 disabled people will be admitted free of charge each day. To obtain free or discount rate, the disabled person must present the state department of transportation disabled person placard. Sec. 50-208. Pier rules and regulations; right of city to refuse use. The Sylvan Beach Fishing Pier will be subject to reasonable rules and regulations, which shall be promulgated by the director of parks and recreation or his designee, with the approval of the city manager. The city reserves the right to refuse any person, firm or group to use the pier for lewd or immoral purposes, or where the activities of such group may reasonably be expected to result in a breach of the peace, or cause a threat to public health or safety. Secs. 50-209--50-270. Reserved." SECTION 11: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Page 12 of 13 SECTION 12. If any provision, section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness or invalidity of any other portion hereof, and all provisions of this ordinance are declared to be severable for that purpose. SECTION 13. Any person who violates a provision of this Ordinance, upon conviction in the municipal court of the City of La Porte, shall be subject to a fine not to exceed five hundred dollars ($500.00). Each day of violation shall be considered a separate offense. SECTION 14. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. SECTION 15. This ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the Bayshore Sun at least once within the ten (10) days after the passage of this ordinance. PASSED AND APPROVED, this 22ND DAY OF FEBRUARY, 2010 ATTEST: Martha Gillett, City Secretary A V D AS TO FORM: !f 7 Clark T. Askins, Assistant City Attorney CITY OF LA PORTE Barry Bleasley, M or Page 13 of 13 ORDINANCE NO. -- AN ORDINANCE AMENDING CHAPTER 6 "ALCOHOLIC BEVERAGES" AND CHAPTER 50 "PARKS AND RECREATION" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS; CONTAINING A SEVERABLITY CLAUSE; CONTAINING A REPEALING CLAUSE; CONTAINING AN OPEN MEETINGS CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF;AND PROVIDING AN EFFECTIVE DATE; BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LA PORTE: SECTION 1. Chapter 6 "Alcoholic Beverages", Article I "In General", Section 6-1 "Definitions", of the Code of Ordinances of the City of La Porte, Texas is hereby amended, by including the following terms which shall be added in proper alphabetical sequence, and which shall hereinafter read as follows: SECTION 2. Chapter 6 "Alcoholic Beverages", Article I "In General", Section 6-3 "Consumption or possession with intent to consume alcoholic beverages on city property", of the Code of Ordinances of the City of LaPorte, Texas is hereby amended, which said section shall hereinafter read as follows: Page 1 of 16 "Sec. 6-3. Consumption or possession with intent to consume alcoholic beverages on city property. (1) Prohibited. A person commits an offense if he consumes or possesses with intent to consume an alcoholic beverage in or on any real property owned by or leased by or to the city or the La Porte Independent School District. (2) Permits for certain noncommercial events. The Director of Parks and Recreation may issue special permits for noncommercial events (such as wedding receptions, private parties and similar gatherings, but not including athletic events), for a daily fee in an amount established by the city and listed in appendix A of this Code, permitting consumption of alcoholic beverages in or on any real property owned by or leased by or to the city. Page 2 of 16 (h) (4) Exceptions. The Bay Forest Golf Course expressly exempted from subsection (a) of this section; provided, however, that the city - approved concessionaire shall comply with section 6-38 of this Code which requires an Page 3 of 16 annual license from the city for the sale of beer, wine or other alcoholic beverages." SECTION 3. Chapter 50 "Parks and Recreation". Article I "In General" Section 50-1 "LaPorte Park System established", of the Code of Ordinances of the City of La Porte, Texas is hereby amended, which said section shall hereinafter read as follows: "Sec. 50-1. La Porte Park System established. (a) The city council for the City of La Porte, by this section, establishes general use provisions regulating park and facility usage for all parks, park areas, park related facilities, and rental facilities in the City of La Porte Park System. Public conduct and usage of each park, park area, park related facility or rental facility in the city park system shall be governed according to the provisions described herein. (b) It is unlawful and, unless otherwise declared in this chapter with respect to particular offenses, it is a misdemeanor for any person to do any act forbidden or fail to perform any act required in this chapter. Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined in this chapter, during the prosecution of such offenses in any criminal proceeding." SECTION 4. Chapter 50 "Parks and Recreation". Article I "In General" Section 50-2 "Parks and park area defined", of the Code of Ordinances of the City of La Porte, Texas is hereby amended, which said section shall hereinafter read as follows: "Sec. 50-2. Parks and park areas defined. The parks, park areas, park related facilities, and rental facilities which comprise the City of La Porte Parks System are listed below and their location within the city established. (1) Parks, Neighborhood: Name of Park Location ROOM Brookglen Park 3324 Somerton Creekmont Park 700 Willow Creek Fourteenth St. Park Glen Meadows Park Ohio St. Park Pete Gilliam Park Pfeiffer Park Seabreeze Park 500 North 14°' Street 5100 Valley Brook 300 South Ohio 200 North Holmes 900 South Virginia 1322 Bayshore Drive Page 4 of 16 (2) Parks, Neighborhood (Cont'd): Name of Park Location Tom Brown Park 300 South Lobit (3) Parks, Community: Name of Park Location Central Park 618 San Jacinto Northside Park 322 North 4t' Street (4) Parks, Regional: Name ofPark Little Cedar Bayou Park Lomax Park Northwest Park (5) Park Related and Rental Facilities Name of Facility Brookglen Recreation Center Evelvn Kennedv Civic Center 600 South Little Cedar Bayou Drive 1508 Lomax School Road 10200 North "P" Street Location 3324 Somerton 618 San Jacinto (5) Park areas defined. Park areas shall be defined as any City of La Porte property or grounds which are maintained by the parks and recreation department, including parkways, esplanades, subdivision entrances, and other areas which are under the control of the parks and recreation department. (6) Parks, park areas, park related facilities, rental facilities, additions. Future addition of Page 5 of 16 dedicated parkland, park areas, park related facilities, rental facilities to the City of La Porte Parks System, as approved by city council or placed under the control of the parks and recreation department by executive order; shall be subject to and be governed by the provisions described herein." SECTION 5. Chapter 50 "Parks and Recreation". Article I "In General" Section 50-3 "Park use generally", of the Code of Ordinances of the City of La Porte, Texas is hereby amended, which said section shall hereinafter read as follows: "See. 50-3. Park use generally. No person shall use any park, park area or park related facility or rental facility for any purpose other than for the purpose for which it was designed, dedicated, or for which special use has been granted. (1) Special use generally. No person shall hold, conduct, or cause to occur any special use of any park, park area or facility without first obtaining the written permission of the Director of Parks and Recreation. (2) Special park facilities generally. No person shall visit, use or otherwise be within or upon any park, park area, park related facility or rental facility outside the posted hours of operation without the written permission of the Director of Parks and Recreation, nor shall any person during such posted hours be within or upon such facilities without first paying any applicable fees and/or securing any required permits related thereto. (3) Concessions and sales generally. No person shall have the right to offer anything for sale or barter, or to exhibit anything, or to conduct any amusement, recreational activity, sports event, or other business for which any participation or admission fee is charged or revenue is otherwise derived within any park, park area, park related facility or rental facility without first obtaining the written consent of the Director of Parks and Recreation. (4) Playing of musical devices. No person shall play any musical instrument, radio, tape player, compact disc player, or other musical device within the parks system other than for his/her own enjoyment, provided that such person shall not thereby encroach upon the use and enjoyment of the parks by others. (5) Glass containers prohibited; exception. No person shall bring into or upon the parks, or have in his/her possession while therein or thereupon, any glass receptacle including but not limited to glass bottles, glass jars, drinking glasses or other glass containers of any kind. The prohibition of glass containers shall not apply to baby bottles, baby food jars, glass lined vacuum bottles and glass lined picnic beverage coolers. (6) Litter prohibited. No person shall throw or otherwise dispose of any trash or litter in any park, park area, park related facility, rental facility, or water area except in the containers provided Page 6of16 therefor. (7) Dumping prohibited. No person shall dump any debris, junk, garbage, waste, fill, or other material onto or into the parks system or the water areas thereof (8) Camping prohibited. No person shall establish a campsite upon or use any area of the parks system as a campsite without the prior written permission of the Director of Parks and Recreation. (9) Building of fires prohibited. No person shall build or cause to be built any fires within the parks or park areas except in the camp stoves or grills provided therefor an only for the purpose of food preparation. Personal stoves or grills brought to the parks by the public for such purposes shall be exempt from this provision, provided such apparatus is located so as not to harm or endanger any tree, shrub, building, or park appurtenance, or thereby encroach upon the use and enjoyment of the parks by others. Exceptions may be provided, subject to written permission and approval of the Director of Parks and Recreation and the city fire marshal. (10) Fireworks prohibited. No person shall discharge any fireworks upon or within the parks system. Professional fireworks displays proposed as a part of an event of program shall be exempt from this provision subject to the written permission and approval of the Director of Parks and Recreation and the city fire marshal. (11) Flying of kites, radio controlled airplanes restricted. No person shall fly any kite, radio controlled airplane or similar device within 100 feet of any park building or playing field in use by other patrons, nor operate such device so as to endanger any park patron or thereby encroach upon the use and enjoyment of the parks by others. (12) Amusement rides prohibited. No person shall erect or operate any mechanical amusement rides, midway rides, air containing apparatus, or similar apparatus within the parks system, without the prior written permission of the Director of Parks and Recreation. (13) Vehicles in parks generally. No person shall drive or propel any passenger car, pickup truck, sport utility vehicle, motorcycle, all -terrain vehicle, go-cart, trail bike, or any other vehicle over or through the parks, park areas, sports fields, or other park facilities except along or upon designated park drives, or parkways. a. Parking of vehicles. No person shall park any motorized vehicle in the parks system except in the areas designated for such purpose. b. Commercial or heavy laden vehicles prohibited. No person shall drive, propel, or park any heavily laden vehicle, or vehicle carrying merchandise, goods, material or rubbish, or any moving van or truck within the parks, park areas, or park facilities. C. Vehicles; exception. The provisions related to vehicles herein shall not apply to carts required for accessibility and operated by senior citizens or physically challenged Page 7 of 16 individuals, or where the operation and/or usage of such vehicles or other vehicles are approved by the Director of Parks and Recreation as a part of routine maintenance, or a program, activity, or event. In the event that motorized vehicles are allowed in park areas within the park system, such motorized vehicles shall not interfere with nor impede pedestrian traffic within the said park areas. (14) Riding or driving animals; exception. No person shall ride or drive any horse, cattle, goat, sheep, donkey, mule, or other livestock over or through the parks, park areas, or park facilities, except along or upon designated bridle paths and driveways, or to or from loading or unloading points, or unless prior approval has been received therefor by the Director of Parks and Recreation as a part of a program, activity or event. This provision will not apply to the area at Lomax Park designated as the Lomax Arena and its surrounding areas. (15) Teasing, injuring, etc., animals, fowl or fish, prohibited. No person shall tease, annoy, molest, catch, or throw any stone, object or missile of any kind at, or strike with any stick, object or weapon any animal in a park. This provision will not apply to fishing or fishing activities in any body of water in the park system. (16) Gambling, games of chance prohibited. No person shall gamble, conduct or operate any bingo, lottery or other games of chance within a park, park area, or park related facility, or rental facility. This provision will not apply to bingo games at the senior citizens center, or other nonprofit game, which is approved in writing by the Director of Parks and Recreation. (17) Distribution of alcoholic beverages restricted. No person shall sell, give away, or otherwise distribute any alcoholic beverage, as defined by the Texas Alcoholic Beverage Code, on or within the parks, park areas, park related facilities, or rental facilities unless authorized by concessions contract or agreement, or through a permit issued by the Director of Parks and Recreation. In considering any permit request pertaining to alcoholic beverages, the Director of Parks and Recreation shall evaluate the purpose of the permit request, the location of the proposed activity, and the likelihood of any adverse impacts of distributing such beverages. As a condition of any permit issued to sell or distribute alcoholic beverages, the Director of Parks and Recreation may require the presence of two or more certified police officers, the cost of which is to be bome by the requesting party. Approval of the Director of Parks and Recreation to distribute or sell alcoholic beverages shall be conditional to any permit approvals, licensing requirements, or restrictions of the Texas Alcoholic Beverage Commission (T.A.B.C.) (18) Alcoholic beverages prohibited. No person shall consume or display any alcoholic beverage within any park, park area, or park related facility, or rental facility of the City of La Porte, as designated herein, except with a permit issued by the Director of Parks and Recreation. (19) Erecting structures, bill posting, etc., prohibited. No person shall place, erect, or attach any structure, sign, bulletin board, post, pole, or advertising device of any kind whatever Page 8 of 16 in the parks, park areas, or park facilities; or attach any notice, bill, poster, sign, wire, rod, or cord to any tree, shrub, fence, railing, post, or structure in the parks, park areas, or park related facilities, or rental facilities unless authorized by a written, signed agreement or permit issued by the Director of Parks and Recreation. (20) Handbill distribution prohibited. No person or bill distributor shall hand to or foist upon any park patron a handbill or other material without the consent of such park patron, nor shall any bill distributor thereby encroach upon the use and enjoyment of the parks system by others. (21) Walking, standing, or sitting on borders, flower beds, etc., prohibited. No person shall walk, stand, or sit on or in any border, flower bed, monument, vase, fountain, railing or fence in the parks, park areas, park related facilities, or rental facilities unless the border, et al, is clearly designed or designated for such purpose. (22) Removal of plants, tree cutting prohibited. No person shall remove or cut any flower, shrub, vine, tree, or other plant in the parks system without the written permission of the Director of Parks and Recreation. (23) Planting of trees, plants, restricted. No person shall plant any flower, shrub, tree, or other plant in the parks system without the written permission of the Director of Parks and Recreation. (24) Hunting, use of firearms prohibited. No person shall hunt any animal or shoot, fire, or discharge any pistol, shotgun, or rifle, other firearm or archery arrow in, on, along, or across any park, park area, or park related facility, or rental facility. (25) Dogs or other animals in park buildings, facilities prohibited. No person having control over a dog, or any other animal, shall bring such an animal into any special park facility or park building except the Lomax Arena and surrounding areas of Lomax Park. This provision shall not apply to a guide dog or to a dog or other animal brought into a park building under a permit issued therefore by the Director of Parks and Recreation. (26) Vandalism, defacement of property. No person shall perform any act of malice, vandalism, or otherwise deface any real or personal property in, on, or within any park, park area, park related facility, or rental facility in the parks system. Page 9 of 16 SECTION 6. Chapter 50 "Parks and Recreation". Article I "In General' of the Code of Ordinances of the City of La Porte, Texas is hereby amended by adding Section 50-18 "Establishing public hours of operation for park use generally", which said section shall be added in proper numerical sequence, and shall hereinafter read as follows: "Sec. 50-18. Establishing public hours of operation for park use generally. The City Council for the City of La Porte establishes hours of public operation for all City Parks and park related facilities and rental facilities in the City of La Porte park system. Each park, park related facility or rental facility in the City Park system shall be open to, and be closed to the general public each day according to the schedule described herein. The parks, park related facilities, and rental facilities of the City of La Porte Parks System are classified below and their hours of public operation are as follows, unless written authorization is given for a special event at the park or facility as provided for in this Ordinance. (1) Parks, Neighborhood: Name ofPark Brookglen Park Creekmont Park Hours 7:00 a.m. - 9:30 p.m. 7:00 a.m. - 9:30 p.m. Fourteenth St. Park 7:00 a.m. - 9:30 p.m. Glen Meadows Park 7:00 a.m. - 9:30 p.m. Ohio St. Park 7:00 a.m. - 9:30 p.m. Pete Gilliam Park 7:00 a.m. - 9:30 p.m. Pfeiffer Park 7:00 a.m. - 9:30 p.m. Seabreeze Park 7:00 a.m. - 9:30 p.m. Tom Brown Park 7:00 a.m. - 9:30 p.m. Page 10 of 16 (1) Parks, Community: Name of Park Central Park Northside Park (2) Parks, Regional: Name of Park Little Cedar Bayou Park Lomax Park Northwest Park Hours of Operation 7:00 a.m. - 10:00 p.m. 7:00 a.m. - 10:00 p.m. Hours of Operation 7:00 a.m. - 11:00 p.m. 7:00 a.m. - 11:00 p.m. 7:00 a.m. - 11:00 n.m. (3) Park Related and Rental Facilities Name of Facility Brookglen Recreation Center Evelyn Kennedy Civic Center Jennie Riley Recreation Center Charles Walker Annex La Porte Recreation and Fitness Center La Porte Rodeo/Riding Arena** La Porte Special Programs Center Sylvan Beach Fishing Pier*** Hours of Operation Daily as Scheduled, except Sunday Daily as Scheduled, except Sunday Daily as Scheduled, except Sunday Daily as Scheduled, except Sunday Monday - Friday 5:30 a.m. - 9:00 p.m. Saturday & Holidays Open* 10:00 a.m. — 6:00 p.m. Sundays 1:00 p.m. - 6:00 p.m. 7:00 a.m. - 11:00 p.m. Daily as Scheduled, except Sunday 5:00 a.m. - 11:00 p.m. * The La Porte Recreation & Fitness Center is closed to the public on the following holidays - Christmas Eve Day, Christmas Day, Thanksgiving Day, Easter Sunday, & New Year's Day. ** The Riding Arena at Lomax Park may remain open to the public until 12 Midnight on Friday and Saturday nights, if the facility is rented for a special event. Page 11 of 16 Secs. 50-19--50-30. Reserved. SECTION 7: Chapter 50 "Parks and Recreation", Article VI "Sylvan Beach", Division I "Generally", Section 50-186, "Parking Charges", of the Code of Ordinances of the City of La Porte, Texas is hereby repealed in its entirety. SECTION 8. Chapter 50 "Parks and Recreation", Article VI "Sylvan Beach", Division I "Generally" of the Code of Ordinances of the City of LaPorte, Texas is hereby amended by amending Sections 50-187--50-205. "Reserved", which said Section shall read as follows: "Sees. 50-186--50-205. Reserved." SECTION 9: Ordinances 1783 and 1783-A, and as codified in Chapter 50 "Parks and Recreation", Article VI "Sylvan Beach", Division 2 "Sylvan Beach Pavilion", of the Code of Ordinances of the City of LaPorte, including all sections under said Division 2, beginning with Section 50-206 "Rental Fee Policy and Schedule Established" and through and including Section 50- 216 "Liability Insurance", and Secs. 50-217--50-235. "Reserved", is hereby repealed in its entirety. Page 12 of 16 SECTION 10. Chapter 50 'Parks and Recreation", Article VI "Sylvan Beach", Division 3 "Fishing Pier" of the Code of Ordinances of the City of La Porte, Texas is hereby amended and shall hereimfter read as follows: "DIVISION 2. FISHING PIER Sec. 50-206. Fee policy established; adjustment. Page 14 of 16 (a) The city council has established fees for Sylvan Beach Fishing Pier. The city council has sought to establish fees which will amortize the initial costs to provide the facility and to increase use and access to the facility by all community groups. The city council hereby establishes its firm policy, in fairness to all users, that no waiver of fees, discounts from fees or deviations from the published schedule of fees shall be allowed by the city council nor by city administrative staff. (b) The city council will review the income and expenses of Sylvan Beach Fishing Pier, and will make appropriate adjustments to the fees as conditions warrant. Sec. 50-207. Pier use fees. The Sylvan Beach Fishing Pier shall be open seven days a week at a daily rate in an amount established by the city and listed in appendix A of this Code. The first 25 disabled people will be admitted free of charge each day. To obtain free or discount rate, the disabled person must present the state department of transportation disabled person placard. Sec. 50-208. Pier rules and regulations; right of city to refuse use. The Sylvan Beach Fishing Pier will be subject to reasonable rules and regulations, which shall be promulgated by the director of parks and recreation or his designee, with the approval of the city manager. The city reserves the right to refuse any person, firm or group to use the pier for lewd or immoral purposes, or where the activities of such group may reasonably be expected to result in a breach of the peace, or cause a threat to public health or safety. Secs. 50-209--50-270. Reserved." SECTION 11: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. SECTION 12. If any provision, section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness or invalidity of any other portion hereof, and all provisions of this ordinance are declared to be severable for that purpose. SECTION 13. Any person who violates a provision of this Ordinance, upon conviction in the municipal court of the City of LaPorte, shall be subject to a fine not to exceed five hundred dollars ($500.00). Each day of violation shall be considered a separate offense. SECTION 14. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall as required by the Open Meetings Law, Page 15 of 16 Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. SECTION 15. This ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the Bayshore Sun at least once within the ten (10) days after the passage of this ordinance. PASSED AND APPROVED, this 22ND DAY OF FEBRUARY, 2010 CITY OF LA PORTE ATTEST: Martha Gillett, City Secretary Barry Beasley, Mayor APPROVED AS TO FORM: Clark T. Askins, Assistant City Attorney Page 16 of 16