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2003-070S90ur Documents\0rdinances\03\P.rhledc Field Ordinance.doc ORDINANCE NO. M61)9 - D AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION 22-26 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON TO PROVIDE FOR THE REGULATION OF ATHLETIC FIELD CLOSURE, RENTAL AND USAGE; PROVIDING FOR THE PLACEMENT OF SIGNS TO PROHIBIT UNAUTHORIZED USAGE; PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED FIVE HUNDRED DOLLARS FOR EACH OFFENSE IN VIOLATION OF THE ORDINANCE; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, it has come to the City's attention that persons have been using City of Denton athletic fields without obtaining the required permits from the Denton Parks and Recreation Department or under circumstances where athletic fields are closed due to maintenance or field conditions; and WHEREAS, such unauthorized usage is detrimental to the preservation and orderly utilization of City of Denton athletic fields; and WHEREAS, the City Council of the City of Denton, Texas finds that it is in the public interest to adopt regulations to prevent and penalize such unauthorized usage; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. Section 22-26 of the Code of Ordinances of the City of Denton, Texas is hereby amended in its entirety to read as follows: Sec. 22-26. Use of public parks; concessions; unauthorized athletic field usage; posting of signs. (a) Public use. All parks and playgrounds acquired and maintained by the city shall be open to the use of the public under such reasonable rules and regulations as the city council may prescribe upon the recommendation of the park and recreation board. (b) Concessions. It shall be unlawful for any person to offer anything for barter or sale, exhibit anything for pay, conduct any place of amusement for which an admission fee is charged or render personal service or transportation of any character for hire in any public park in the city without first obtaining the privilege of doing so by contract with the city under such terms and conditions as may be provided by the city council after receiving the recommendation of the park and recreation board on each such contract. (c) Unauthorized use. It shall be unlawful for any person to: (i) enter upon a City of Denton athletic field that has a sign posted "Closed due to Maintenance/Field Conditions" unless such person is a city employee or contractor performing athletic field maintenance, or (ii) enter upon a City of Denton athletic field that has a sign posted "Field use with permit only" without having a City of Denton reservation permit that states the dates and times of usage, unless such person is a city employee or contractor performing athletic field maintenance. The City Manager, or his designee, is authorized and directed to post the signs provided for above on or adjacent to City of Denton athletic fields. SECTION 3. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $500.00. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the 0- day of '2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITE' ATTORNEY BY: Page 2