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HomeMy WebLinkAboutCP 68 Poll I W v J pro POLICY PROPOSAL DATE FILE NUMBER SUBJECT Consuming Alcoholic Beverages PAGE_1_OF1 4/1/80 - CP-68 In City Parks PROPOSAL PROPOSED BY: CITY MANAGE REVIEW Councilman L. Zapata Background The City of Fort Worth presently has about 128 parks which are open to the public. They are intended for use by all of the citizens of the City, whether they are taken advantage of or not. For sometime now, there have been growing complaints from residents living in certain areas about the consumption of alcoholic beverages in parks. The pro- blems are more acute in some sections of the City than in others. In some cases, youths are using the parks as a meeting place, while in others, indigents can be found simply loitering. When consideration is given to the excess litter which results, it is obvious that an additional burden is placed on the Park and Recreation Department's clean-up crews. 00110k There There are existing park ordinances which address unruly conduct, posting of signs, curfews, activities in the Botanic and Japanese Gardens, riding of animals, use of Lake Worth waters, and prohibition of vehicles. However, there is no ordinance which either allows or prohibits the sale., possession or consumption of alcohol in City parks. Proposal Attached is an ordinance which will prohibit the sale , possession or consumption of alcoholic beverages in City parks. Special exceptions can be granted by the City Council, after review by the Park and Recreation Advisory Board, for major activities such as Mayfest, Juneteenth, and September 16th. Golf courses will be exempted under this ordinance. Recommendation It is recommended that the City Council adopt the attached ordinance prohibiting the sale, possession or consumption of alcoholic beverages in City parks. LEGALITY f] }- FISCAL NOTE CITY MANAGER'S COMMENTS ® F1W POLICY PROPOSAL (cont'd) PAGE_OF ' Legality The proposed ordinance is being reviewed by the City Attorney and has not been approved as to form and legality. Fiscal Note There is no fiscal impact. City Manager's Comments Although the City Council is in a position to pass this ordinance at this time, it is recommended that the matter be referred to the Park and Recreation Advisory Board for review and comments. The Board may wish to solicit input from the public, the Park and Recreation Department staff, and the Police Department before sub- mitting its recommendation to the City Council. �u BY CITY COUNCIL APR 198Q� i errotary of the C of fort Woxth& T" CITY OF FORT WORTH ORDINANCE NO. AN ORDINANCE AMENDING SECTION 27-19 OF CHAPTER 27 OF THE FORT WORTH CITY CODE (1964) AS AMENDED, BY ADDING THERETO A PROVISION MAKING IT UNLAWFUL TO SELL, POSSESS OR CONSUME ALCOHOLIC BEVERAGES IN ANY PARK OR RECREATION AREA;PROVIDING FOR A DEFENSE; MAKING THIS ORDINANCE CUMULATIVE OF OTHER ORDINANCES OF THE CITY OF FORT WORTH; PRO- VIDING A SEVERABILITY CLAUSE; PROVIDING FOR CER- TAIN LIMITATIONS ON LIABILITY; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Section 27-19 Park Rules - Generally, of Chapter 27 OFFENSES-MISCELLANEOUS, of the Code of the City of :Fort Worth (1964) , as amended, is hereby amended by adding, after sub-paragraph (15) a new sub-paragraph (16) as hereinafter provided and redesignating sub-paragraphs (16) , (17) and (18) as sub-paragraphs (17) , (18) and (19) , respectively and that the new sub-paragraph (16) shall here- after read and be as follows: "(16) Alcoholic Beverages: (a) It shall be unlawful for any person to sell, possess or consume alcoholic beverages within any park or recrea- tion area. It shall be a defense to a violation of this provision that the person selling, possessing or consuming alcoholic beverages within any park or recreation area was participating in a gathering, celebration or occasion for which the City Council has specifically authorized the sale, possession and con- sumption of alcoholic beverages. (b) Nothing contained in section 27-19 (16) (a) shall be construed to make unlawful the sale, possession or consumption of alcoholic beverages within any golf course owned and operated by the City of Fort Worth." SECTION 2. This ordinance shall be and is hereby declared to be cumula- tive of all provisions of the Code of the City of Fort Worth (1964) , as amended, relative to the sale, possession or consumption of alco- holic beverages within any park or recreation area of the City of Fort Worth, and this ordinance shall not operate to repeal or affect any of such other ordinances except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of said Code, in which instances said conflicting provisions of said Code are here- by repealed. SECTION 3. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared void, inef- fective or unconstitutional by the valid judgement or final decree of any court of competent jurisdiction, such voidness, ineffectiveness or unconstitutionality shall not affect any remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation herein of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. That all of the regulations provided in this ordinance are hereby declared to be governmental and for the health, safety and welfare of the general public. Any member of the City Council, and any City official or employee charged with the enforcement of this ordinance, acting for the City of Fort Worth in the good faith dis- charge of their duties, shall not thereby render themselves personally liable, and they are hereby relieved from all personal liability for any damage that might accrue to persons or property as a result of any act required or permitted in the good faith discharge of their said duties. -2- SECTION 5. That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon con- viction, shall be punished by a fine of not more than Two Hundred Dollars ($200.00) , and each violation thereof shall constitute a separate offense. SECTION 6. That this ordinance shall take effect and be in full force and effect from and after the date of its passage and publi- cation as provided by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: City Attorney y ADOPTED: EFFECTIVE: -3-