09-062 - O TOWN OF PROSPER, TEXAS ORDINANCE NO.09-062
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, ADOPTING
ARTICLE 8.08 (RESTRICTIONS IN PUBLIC ACCESS PARKING AREAS AND
PARKS) PROHIBITING THE USE OF IN-LINE SKATES, SKATES,
SKATEBOARDS, BICYCLES, MOTORIZED OR NONMOTORIZED
VEHICLES AND ANY OTHER TYPE OF RECREATIONAL OR
NONRECREATIONAL PRODUCT THAT MAY DESTROY THE SURFACES
OF ANY PUBLIC ACCESS PARKING AREAS WITHIN THE TOWN OR ANY
OTHER TYPE OF CONCRETE OR LAMINATE SURFACES LOCATED IN
THE PARKS OF THE TOWN OF PROSPER, TEXAS; ESTABLISHING THE
POSTING OF SIGNS NOTIFYING OF THE PROHIBITION THEREOF;
PROVIDING FOR A PENALTY AND FOR REPLACEMENT COSTS FOR THE
VIOLATION OF THIS ORDINANCE; PROVIDING FOR SEVERABILITY
AND REPEALING CLAUSES; PROVIDING FOR THE PUBLICATION OF
THE CAPTION HEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council") has
investigated and determined that a nuisance is being created and public property is being destroyed by
the use of in-line skates, skates, skateboards, bicycles, motorized or non-motorized vehicles and any
other type of recreational or non-recreational product in public access areas or any other type of
concrete or laminate surfaces within the Town of Prosper, Texas ("Prosper")parks; and
WHEREAS, it is the express intent of the Town Council to prohibit the use of in-line skates,
skates, skateboards, bicycles, motorized or non-motorized vehicles and any other type of recreational
or non-recreational product that may destroy the surfaces listed herein located in Prosper; and
WHEREAS, it is found and determined to be in the best interest of the citizens of Prosper to
adopt this ordinance in order to protect the financial investments made toward Prosper's public access
areas and applicable areas within Prosper parks to protect the property located therein for the continued
use and enjoyment of all citizens of Prosper.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER,TEXAS,THAT:
SECTION 1: Findings. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
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SECTION 2: Definitions. For purposes of this ordinance,the following terms shall apply:
(1) Public access areas means any place to which the public has access for the walking and/or the
parking, driving and/or display of vehicles, and includes but is not limited to streets, highways,
sidewalks, parks and the common areas of schools, hospitals, apartment houses, office
buildings,transport facilities, and retail or commercial establishments.
SECTION 3: Purpose. The purpose of this Ordinance is to make it unlawful for any person to
use in-line skates, skates, skateboards, bicycles, motorized or non-motorized vehicles and any other
type of recreational or non-recreational product("Uses") in public access areas located in Prosper or on
any other type of concrete or laminate surfaces in Prosper parks. However, the Uses are permitted in
parks and on sidewalks provided such use does not unreasonably interfere with the public's use or
enjoyment of such parks and/or sidewalks, or does not potentially create or cause injury, harm and/or
damage to property or person.
SECTION 4: Posting. Prosper shall erect signs advertising the prohibition in Article 8.08,
Section 3 on all Prosper owned and/or maintained property. Prosper may also post signs on other
public access areas at the property owner's discretion and expense.
SECTION 5: Penalty Provision. Any person violating this Ordinance shall be deemed guilty
of a misdemeanor, and upon conviction thereof shall be fined in the sum of not more than Five
Hundred Dollars ($500.00). Each continuing day's violation under this Ordinance shall constitute a
separate offense. Furthermore, no penalty imposed pursuant to this section shall operate to prohibit
Prosper from seeking reimbursement for expenses incurred in connection with replacing the surfaces
which result from a violation of this Ordinance. Prosper retains all legal rights and remedies available
to it pursuant to local, state, and federal law. The provisions of this Ordinance does not prohibit the
authorized use of bicycles, or any other vehicles used while engaged in police patrols by police
personnel.
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SECTION 6 Savings/Repealing. 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 portions of said ordinance shall remain in full force and effect.
SECTION 7: Severability. Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly
provided that any and all remaining portions of this Ordinance shall remain in full force and effect.
Prosper hereby declares that it would have passed this Ordinance, and each section, subsection,
sentence, clause or phrase thereof regardless of the fact that any one or more sections, subsections,
sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 8: Effective Date. This Ordinance shall become effective from and after its
adoption and publication as required by law.
DULY PASSED AND APPROVED BY THE TOWN O NCIL OF THE TOWN OF
PROSPER,TEXAS on this 26th day of May 2009.
CHARLES NISWANGER, MAYOR
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AFFIDAVIT OF PUBLICATION
STATE OF TEXAS
COUNTY OF DALLAS
Before me, a Notary Public in and for Dallas County, this day personally appeared Lynda
Black, Legal Advertising Representative for the DALLAS MORNING NEWS,being
duly sworn by oath, states the attached advertisement of:
Town of Prosper
as published in the Dallas Morning News on:
June 3, 2009
- - — — (Lynda Black)
Sworn to and subscribed before me this June 4, 2009
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