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HomeMy WebLinkAboutOrdinance 11351 ~ ~ 5., ~ c f .~ 1F ORDINANCE N0. ~l AN ORDINANCE AMENDING SECTIONS 24-5 AND 24-6 OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1986), AS AMENDED, GOVERNING ADVERTISING IN PUBLIC PARK AND. RECREATION AREAS AND THE SALE OF GOODS OR SERVICES IN PUBLIC PARK AND RECREATION AREAS 8Y SUBSTITUTING REQUIRED APPROVAL OF THE PARK AND RECREATION DIRECTOR FOR REQUIRED APPROVAL OF THE PARK RECREATION BOARD; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION IN ACCORDANCE WITH LAW; AND NAMING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Section 24-5 of the Fort Worth City Code (1986) is hereby amended to read as follows: "Section 24-5. Advertising matter. It shall. be unlawful for any person to display any advertising matter by signs or to distribute advertising matter by signs or to distribute advertising matter of any character within any parkways, medians, parks, golf courses, swimming pools or other recreation areas of the city without written permission of the City's Park and Recreation Director " SECTION 2. That Section 24-6 of the Fort Worth City Code (1986) is hereby amended to read as follows: "Section 24-6. Selling goods or services. It shall be unlawful for any person to sell or offer to sell any goods, wares, services or merchandise within any parkways, medians, parks, playgrounds, swimming pools or other recreation areas without permission of the Park and Recreation Director." SECTION 3. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in ~? ' :~- ~~ ~ direct conflict with the provisions of such ordinances and such Code, in which event, conflicting provisions of such ordinances and such Code are hereby repealed SECTION 4. 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 unconstitutional by the valid judgment of a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500.00.) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6 The City Secretary of the City of Fort Worth is hereby directed to publish the caption and penalty clause of this ordinance twice in the official newspaper of the City prior to its -2- 1 y ~ • . taking effect, in accordance with Tex. Loc. Gov't Code Ann. Sec. 52.013 and Chapter XXV, Sec. 2 of the City Charter. SECTION 7. All rights and remedies of the City are expressly saved as to any and all violations of the provisions of Sections 24-5 and 24-6, which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation., both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 8. This ordinance shall take effect and be in full force and effect from and after its passage and publication as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: Assistant City Date : ~ /- ADOPTED: EFFECTIVE: ~fttorney ~1~ -3- MASTER t-'~L~-!: ` ~, ACCOUNTING•2 City of Fort ~ortl~, TexlxS TRANSPORTATION~PUHLIC.WORK8~Y NoTER AOMINIS,ay~ a~~d Cou~-Cil C'annmunicati~~n ENGINE~pRTIENG PAR &U RECREA'~~~I06_93 REFERENCE NUMBER G-10232 LOG NAME 1224-5 PA E 1 of 1 ~++- SUBJECT ADOPTION OF ORDINANCE AMENDING SECTIONS 24-5 AND 24-6 FORT WORTH CITY CODE RECOMMENDATION: It is recommended that the City Council adopt the attached Ordinance amending Sections 24-5 and 24-6, of the Fort Worth City Code. DISCUSSION: The proposed new Park and Recreation Department policy on reservations, special events and festival equipment it is intended to streamline the process for customers seeking to use city park property for public events. Under current ordinance provisions and City policy, customers who seek to use city park property for even short term public events must obtain Park and Recreation Advisory Board and City Council approval of the proposed use. The new policy seeks to eliminate the requirement of these approvals for certain small events and maintain the requirement for larger events as outlined in the policy. Section 24-5 of the City Code requires City -Park and Recreation Board approval for any person to display advertising matter in a city park. Section 24-6 requires Park and Recreation Board approval for sale of any goods and services in a city park. The proposed ordinance would amend these two sections to replace the requirement of Park and Recreation Board approval with a requirement that it be approved by the Park and Recreation Director. This will allow the approval process to be handled through the new Park and Recreation Department policy, as approved by the City Council, and exempt certain small events from the need for Park and Recreation Board approval. The Park and Recreation Advisory Board has concurred with the staff's recommendation in this regard. CB:v auwn~iLea ror t,~ty nanager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by to Charles Boswell 8500 Ap~~Q~~~ Originating Department Hea ~~~ i C,;~~~'~'~L' Wade Adkins 7623 rom ~ u~- ~ 1Ag~ For Additional Information „~,,~(~i~cc,~/ Contact : _ City ;,~rot~sy ct ~n Wade Adkins City of.F'oxi S~/nrtZt, ~'e~s 7623 _ . . ,. .. ~ ~~ Printed on recycled paper