13-60 O - Amending Ord. 11-52, Comprehensive Parks Ordinance TOWN OF PROSPER, TEXAS ORDINANCE NO. 13-60
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING ORDINANCE NO. 11-52 (COMPREHENSIVE PARKS
ORDINANCE) BY AMENDING THE DEFINITION OF "LEAGUE," IN SECTION
1, "DEFINITIONS," THEREOF; AMENDING ORDINANCE NO. 11-52
(COMPREHENSIVE PARKS ORDINANCE) BY REPEALING EXISTING
SUBSECTION C, "PROSPER SPORTS ASSOCIATION," AND SUBSECTION
D, "PROSPER SPROTS COMMISSION," OF SECTION 7, "ATHLETIC
FIELDS/FACILITY," AND REPLACING IT WITH A NEW SUBSECTION C
THEREOF, ENTITLED "PROSPER YOUTH SPORTS COMMISSION";
PROVIDING A PENALTY FOR THE VIOLATION OF THIS ORDINANCE;
PROVIDING REPEALING, SAVINGS AND SEVERABILITY CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council"), has
investigated and determined that Ordinance No. 11-52 of the Town of Prosper, Texas
("Prosper") should be amended; and
WHEREAS, the Town Council found and determined that it will be advantageous,
beneficial and in the best interested of the citizens of Prosper to amend Ordinance No. 11-52 as
set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully
set forth herein.
SECTION 2
From and after the effective date of this Ordinance, Section 1, "Definitions," of Ordinance
No. 11-52 (Comprehensive Parks Ordinance) is hereby amended to read as follows:
1. Definitions
H. League— means an association or group of teams that play one another."
SECTION 3
From and after the effective date of this Ordinance, Subsection C, "Prosper Sports
Association," and Subsection D, "Prosper Sports Committee," of Section 7, "Athletic
Fields/Facility," of Ordinance No. 11-52 (Comprehensive Parks Ordinance) is hereby repealed
and replaced with a new Subsection C to read as follows:
"C. Prosper Youth Sports Commission. There is hereby created and
established within Prosper a Prosper Youth Sports Commission (PYSC).
1) Purpose — The purpose of the Prosper Youth Sports Commission
(PYSC) is to govern youth sports and interpret the needs and
interest of youth involved in community athletics. The PYSC,
among other things, coordinates the various local athletic
organizations in connection with their use of the Town of Prosper
Parks in accordance with the PYSC's By-Laws, as they currently
exist or may be amended. The by-laws, as originally adopted and
all amendments thereto, shall be approved by the Town Council.
2) Members — The Prosper Youth Sports Commission (PYSC)
should include a delegate from each of the sport leagues, a
representative from the Prosper Independent School District
(PISD), a representative of the Town of Prosper Parks and
Recreation Department, and others deemed necessary in
accordance with the PYSC's By-Laws, as they currently exist or
may be amended. Board members shall include a President, Vice
President, Treasurer, and Secretary that are not associated with
the sports leagues.
3) Leagues — The Prosper Youth Sports Commission (PYSC) may
from time to time add additional leagues to address the Town's
youth sports needs. A league rejected from the PYSC shall be
able to submit a written request of appeal to the Town's Parks and
Recreation Department. The Town reserves the right to request a
league be added or removed from the PYSC at any time without
cause."
SECTION 4
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict; but such repeal shall not abate any pending prosecution for violation
of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for
any violation if occurring prior to the repeal of the ordinance. Any remaining portion of
conflicting ordinances shall remain in full force and effect.
SECTION 5
If any section, subsection, sentence, clause or phrase of this Ordinance is for any
reason held to be unconstitutional or invalid by a court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this Ordinance. Prosper hereby declares
that it would have passed this Ordinance, and each section, subsection, clause or phrase
thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses,
and phrases be declared unconstitutional.
Ordinance No.13-60,Page 2
SECTION 6
Any person, firm, corporation or business entity violating this Ordinance shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the
sum of FIVE HUNDRED DOLLARS ($500.00), unless the violation relates to fire safety, zoning
or public health and sanitation, including dumping and refuse, in which the fine shall not exceed
the sum of TWO THOUSAND DOLLARS ($2,000.00). Each continuing day's violation under
this Ordinance shall constitute a separate offense. The penal provisions imposed under this
Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all
legal rights and remedies available to it pursuant to local, state and federal law.
SECTION 7
This Ordinance shall become effective from and after its adoption and publications as
required by law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 22ND DAY OF OCTOBER, 2013.
Ray Smith Mayor
ATTEST:
Robyn&a� aw cret ary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No.13-60,Page 3