HomeMy WebLinkAboutOrdinance 6681 1
ORDINANCE NO. •.
AN ORDINANCE AMENDING SECTION 27-19 OF CHAPTER 27
OF THE CODE OF THE CITY OF FORT WORTH (1964) , AS
AMENDED; DESIGNATING ACTIVITIES PROHIBITED WITHIN
THE CONFINES OF THE BOTANIC GARDEN PARK SITE; MAK-
ING THIS ORDINANCE CUMULATIVE OF OTHER ORDINANCES
AND PROVISIONS OF THE CITY CODE; REPEALING ALL
ORDINANCES OR PROVISIONS OF THE CITY CODE IN CON-
FLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY; AND NAMING AN EFFECTIVE DATE.
WHEREAS, the Botanic Garden of the City of Fort Worth is
a horticultural park of local, state and nationwide renown;
and
WHEREAS, the Botanic Garden of the City of Fort Worth in-
cludes, inter alia, the Garden Center; Park and Recreation Of-
fice; the Fragrance Garden for the Blind; certain greenhouses,
vehicular park drives, pedestrian walkways and pathways, land-
scaped yards; an arboretum; an iris test garden; the Horseshoe
Circle; the Shelter House; the Cactus Garden; the Oval Rose
Garden; the North Vista; the South Vista, the Rose Ramp; the
Water Garden; the Lower Rose Garden; certain azalea'plantings;
the site and building of the Texas Garden Clubs, Inc. ; certain
picnic areas; and includes approximately eighty (80) acres; and
WHEREAS, the Botanic Garden of the City of Fort Worth is
specifically designed to provide the visitor a well-maintained
horticultural environment containing landscaped grassed vistas,
approximately 14,000 rose bushes; 2,000 different plants and
150 varieties of trees; and
WHEREAS, the Botanic Garden of the City of Fort Worth is
not designed to provide the visitor an active recreational or
athletic facility, and any such active recreational or athletic
activity within or upon the grounds or plantings of the Botanic
Garden is detrimental to the continued maintenance and purpose
for which such garden is designed;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS:
SECTION 1.
THAT Section 27-19 of Chapter 27 of the Code of the City
of Fort Worth (1964) , as amended, be and the same is hereby
amended by the addition of the following paragraph:
"18. It shall be unlawful for any person or persons with-
in the confines of the Botanic Garden of the City of Fort Worth
to engage in any active recreational or athletic pursuit, to
include, by way of example but not limitation, horseback rid-
ing, archery, horseshoes, kite flying, model airplane flying;
fishing, football, baseball, frisbee, croquet, badminton, golf,
chase; motorized and nonmotorized cycling off designated park
drives, swimming, wading, dog-walking or running, and camping.
Each and every rule and regulation enumerated within this sec-
tion, each and every order and requirement of the Department
of Parks and Recreation, any ordinance or general law relating
to the maintenance and preservation of the Botanic Garden for
its intended purpose shall be strictly observed and followed
by visitors to the Botanic Garden."
SECTION 2.
THAT this ordinance shall be cumulative of all provisions
of the Code of the City of Fort Worth (1964) , as amended, and
all other ordinances of the City of Fort Worth, except in those
instances where the provisions of this ordinance are in direct
conflict with the provisions of such Code or other ordinances,
in which instances said conflicting provisions of such Code
or other ordinances are hereby repealed.
SECTION 3.
THAT it is hereby declared to be the intention of the City
Council that the sections, paragraphs, sentences, clauses and
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phrases of this ordinance are severable, and if any phrase,
clause, sentence, paragraph or section of this ordinance shall
be declared void, ineffective or unconstitutional by the valid
judgment or final decree of any court of competent jurisdic-
tion, such voidness, ineffectiveness or unconstitutionality
shall not affect any of the remaining phrases, clauses, sen-
tences, 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 uncon-
stitutional phrase, clause, sentence, paragraph or section.
SECTION 4.
THAT any person, firm, association of persons, company or
corporation or their agents, servants or employees who violate,
disobey, omit, neglect or refuse to comply with any provision
of this ordinance shall be punished by a fine of not exceeding
two hundred dollars ($200.00) , and each day that a violation
exists is hereby declared to be a distinct and separate offense
and punishable as such, all as provided for in Section 1-5 of
Chapter I of the Code of the City of Fort Worth (1964) , as
amended.
SECTION 5.
THAT this ordinance shall become effective and be in full
force and effect from and after the date of its passage and
publication as required by law, and it is so ordained.
APPROVED AS TO FORM AND LEGALITY:
Oro A; re"A"Opp"f
City Attorney
ADOPTED
EFFECTIVE
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