11-M-30 Designating Particular EventsORDINANCE NO. ll-M-30
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
5CHERTZ, TEXAS, DESIGNATING PARTICULAR EVENTS FOR
WHICH ALCOHOLIC BEVERAGES MAY NOT BE BROUGHT INTO
OR REMOVED FROM PARTICULAR PARK AND RECREATION
AREAS; AUTHORIZING EXTENSION OF PARK HOURS;
AUTHORIZING EXTENSION OF NOISE HOURS; AND AUTHORIZING
OTHER MOTORIZED VEHICLES IN PARTICULAR PARK AREAS;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT WITH THIS ORDINANCE; PROVIDING AN EFFECTIVE
DATE; AND DECLARING AN EMERGENCY
WHEREAS, it is the desire of the City Council that the Schertz Fourth of July Jubilee,
Schertzfest, and the Festival of Angels, each event occurring annually, be designated in
compliance with Chapter 54, Section 54.14 and Chapter 58, Sections 58.2, 58.3(b), 58.4 and 58.6
of the Code of Ordinances, City of Schertz, Texas; and
WHEREAS, said Chapter 54, Section 54.14 provides that playing of musical instruments,
etc. in such a manner or with some volume, particularly after 10:00 p.m. is declared to be a noise
nuisance; and
WHEREAS, said Chapter SS, Section 58.3(b) 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 Chapter 58, Section 58.6 provides that no motorized vehicles, except
maintenance or emergency vehicles, will be allowed in any part of any park, except designated
parking areas, without special peiYrlission; and
WHEREAS, said Chapter 58, Section 58.2 provides that it shall be considered a violation
of this chapter for any person or persons to use any part of the parks or pack facilities from 11:00
p.m. to 6:00 a.m. daily without prior written peiynission as approved by the City Council or City
Manager;
WHEREAS, it is in the best interest of the citizens attending the Schertz Fourth of July
Jubilee, Schertzfest, and the Festival of Angels that the aforementioned events ace designated in
compliance with all mentioned Chapters and Sections of the Code of Ordinances of the City of
Schertz.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS:
Section 1{A). Each occurrence of the Schertz Fourth of July Jubilee, Schertzfest, and the
Festival of Angels, and the designated areas of the aforementioned events during the dates
specified in this Ordinance, are hereby designated in compliance with all mentioned Chapters
and Sections of the Code of Ordinances of the City of Schertz. The City Manager, or his or her
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designee, shall designate the areas to be used for the Schertz Fourth of July Jubilee, Schertzfest,
and the Festival of Angels, which shall be the areas to which this Ordinance applies.
Section 1(B), The dates of these restrictions and to which restrictions apply are the
days} an which the Fourth of July Jubilee, Schertzfest, and the Festival of Angels are held. The
dates of these restrictions and to which restrictions apply also include the three (3) days prior to
each aforementioned event, and the one (1) day subsequent to each event, to end at midnight.
Section 1(C). Said restrictions authorizing parking of other motorized vehicles to which
restrictions apply shall be the same dates as enumerated in Section 1(B).
Section 1(D). Said restrictions, areas, and dates shall apply only to beer and wine and are
therefore not applicable to other alcoholic beverages.
Section 2. The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Ordinance for all pu>_poses and are adopted as a part
of the judgment and Endings of the Council.
Section 3. All ordinances and codes, or parts thereof, which are in conflict or
inconsistent with any provision of this Ordinance or the Amended and Restated Unified
Development Code authorized herein are hereby repealed to the extent of such conflict, and the
provisions of this Ordinance shall be and remain controlling as to the matters resolved herein.
Section 4. This Ordinance shall be conshued and enforced in accordance with the laws
of the State of Texas and the United States of America.
Section S. If any provision of this Ordinance or the application thereof to any person ar
circumstance shall be held to be invalid, the remainder of this Ordinance and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City
hereby declares that this Ordinance would have been enacted without such invalid provision.
Section 6. It is officially found, determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Ordinance, was
given, all as required by Chapter 551, as amended, Texas Government Code.
Section 7. Pursuant to Section 4.09(e) of the City Charter, by vote of not less than two-
thirds of the members of the City Council present at the meeting at which this Ordinance was
first considered, the City Council has determined that an emergency exists which requires
immediate action, and this Ordinance is hereby adopted an a single reading, and this Ordinance
shall be effective upon the date hereof and any publication required by law.
Ordinance ll-M-30.dac - 2 -
day of September, 2011.
ATTEST:
ity Secretary, City of Schei•iz, Texas
(Seal of City}
PASSED, APPROVED and ADOPTED ON FIRST AND FINAL READING, the 20th
....
Mayor, City of Scheriz, Texas
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