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HomeMy WebLinkAboutORD 96-25 ORDINANCE NO. —.Z ENTITLED AN ORDINANCE AMENDING CHAPTER 20 TO REGULATE ALCOHOLIC BEVERAGES AND SOUND PRODUCING DEVICES IN CITY PARKS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 20, Section 20-10(h), be and the same is hereby amended to read as follows: 20-10(h) No person shall sell, consume or possess any alcoholic beverage within any park of the City. The prohibition against sale, consumption or possession of alcoholic beverages shall not apply as follows: 1. Within Riverfront Park so long as the sale is to and possession and consumption is by persons who are attending functions which are sponsored by groups or organizations and which are held in conjunction with the rental and use of facilities controlled by the Civic Center Complex; 2. At Fair Park within any permanent structure or any enclosed or fenced-in area adjacent to permanent structures except concession stands and inside the Coliseum or the fenced area surrounding the Coliseum; 3. Within the clubhouse of the Henry Homberg Golf Course; and the prohibition does not apply to special functions or tournaments sponsored by groups or organizations permitted to be held at the Henry Homberg Golf Course. Section 2. That Chapter 20, Section 20-10, be and the same is hereby amended to add a new subsection 20-10(j) to read as follows: 20-100) No person shall use, operate or allow to be used or operated any device for the reproducing or augmentation of sound in such manner as to disturb the peace, quiet or comfort of persons in a City park. The operation of any such sound reproducing or augmentation device in such manner as to be plainly audible at a distance of 100 or more feet from the source of the sound shall be prima facie evidence of a violation of this section. For the sound to be "plainly audible", words or phrases need not be distinguishable and bass reverberations are sufficient. This prohibition shall not apply to City sponsored entertainment events in parks. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the day of a 1996. r1 - Mayor -