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2004R08- PARTICULAR PARK AREAS ~ RESOLUTION NO. & ~- ,( - .f A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, DESIGNATING A PARTICULAR AREA; PARTICULAR DATES AND PARTICULAR TIME FOR WHICH ALCOHOLIC BEVERAGES MAY NOT BE BROUGHT INTO OR REMOVED FROM PICKRELL PARK; AUTHORIZING EXTENTION OF PARK HOURS; AUTHORIZING EXTENTION OF NOISE HOURS; AND AUTHORIZING OTHER MOTORIZED VEIDCLES IN PARTICULAR PARK AREAS. WHEREAS; it is the desire of the City Council to comply with Sections 12 Y, -3; 12 Y, -6 and 12 \4 of the Code of Ordinances, City of Schertz, Texas; and WHEREAS; said Section 12 Y, -3 provides that alcoholic beverages may not be brought into or removed from a City Park or Recreation area during particular events designated from time to time by the City Council; and WHEREAS; said Section 12 Y, -3 provides that the City Council shall designate the particular Park and Recreation area and designate particular dates and particular times to which the provisions of this section apply; and WHEREAS; said Section 12 Y, -6 provides no motorized vehicles, except maintenance or emergency vehicles, will not be allowed in any part of any park, except designated park areas, with special permission; and WHEREAS; said Section 12 Y, -6 provides that the City Council shall designate the particular Park and Recreation area and authorize parking to other motorized vehicles to which the provisions of this section apply; and WHEREAS; said Section 12 \4 provides that playing of musical instruments, etc. in such a manner or with such volume, particularly after 10 pm is declared to be a noise nuisance; and WHEREAS; said Section 12 \4 provides that the City Council shall designate the particular Park and Recreation area and authorize the extension of hours to which the provisions of this section apply; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERZ, TEXAS: THAT, in the best interest of the citizens attending the "Schertz Party in the Park", the area shown in "Exhibit A" be designated in compliance with Section 12 Y, -3; dates and times of these restrictions and to which restrictions apply are September 17-18, 2004; said restrictions, areas and dates shall apply to only beer and wine; and Section 12 Y, -6; authorizing parking of other motorized vehicles to which restrictions apply are September 18, 2004; and Section 12 \<I; authorizing playing of musical instruments, etc., to extended hours of which restrictions apply are September 18, 2004. BE IT FURTHER RESOLVED: THAT the City Manager of the City is hereby authorized and directed to provide insurance coverage for event through Texas Municipal League (TML); authorize mounted police officers for the event in particular Park and Recreation area during the event. PASSED, APPROVED AND ADOPTED this the 7~ day of 2004. c2Z;!&L Mayor, Hal Baldwin City of Schertz, Texas ATTEST: tJ~ Ci7JLr:;;t/1!:::~rtz PARKS AND RECREATION s 12 1/2-7 Sec. 12 1/2-6. Motorized vehicles prohibited; exceptions. No motorized vehicles, except maintenance or emergency vehicles, will be allowed in any part of any park, except designated parking areas, without special permission. Sec. 12 1/2-7. Penalty for violation. Any person, firm, partnership, association or persons, or corporation, or any agent or employee the~eof, who shall violate any of the rules, regulations or provisio~s of this ordinance, or any part of it or any portion thereof,byany act either of commission or omission, or cause the same to be done, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine in an amount not to exceed $200.00 for each and every violation. Each violation of each part or any part of this ordinance shall be and constitute a separate, offense; and where such violation is continued act each day such violation is continued, or permitted to be continued shall be a separate offense, and shall be punishable accordingly." Note: Chapter 88-M-13, 12 1/2 was amended in 5-17-88. its entirety by Ord. Rev. 3-94 795 I Chapter 12 1/4 NUISANCES Art. Art. Art. I. II. III. In General, ss 12 1/4-1--12 1/4-20 NOise, ss 12 1/4-21, 12 1/4-30 Abandoned Large Household Appliances, ss 12 1/4-31--12 1/4-40 ARTICLE I. IN GENERAL Sees. 12 1/4-1--12 1/4-20. Reserved. ARTICLE II. NOISE* Sec. 12 1/4-21. Definitions- Noise nuisance, person. (a) Any unreasonably loud, disturbing, unnecessary noise which causes material distress, discomfQrt or injury to persons of ordinary sensibilities in the immediate vicinity thereof is hereby declared to be a nuisance and is hereafter prOhibited. Any noise of such character, intensity and continued duration, which substantially interferes with the comfortable enjoyment of private homes by persons of ordinary sensibilities, is hereby declared to be a nuisance and is hereby prohibited. (b) The word construed to impart and shall include associations. (Ord. "person" as used in this article shall be the singular and plural as the case demands, corporations, companies, societies and No. 78-D-18, ss 1, 3, 11-7-78) Sec. 12 1/4-22. Certain acts declared to be noise nuisances. The following acts, among others, are declared to be nuisances in violation of this article, but said enumerations shall not be deemed to be exclusive, to wit: (a) The playing of any radio, phonograph or other musical instrument in such a manner or with such volume, particularly during the hours between 10 p.m. and 7 a.m., as to annoy or disturb the quiet, comfort or repose of persons of ordinary sensibilities in any dwelling, hotel or other type of residence. '-) 779