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HomeMy WebLinkAboutORD.2516.04-19-1999BILL NO. 99-75 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 18 AND CHAPTER 26 OF THE CITY CODE, RELATING TO CERTAIN ACTIVITIES IN CITY PARKS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Section 18-7(b) of the Code of Ordinances of the City of Cape Girardeau, Missouri, reading as follows: Sec. 18-7. Regulation of certain activities. (b) The park superintendent or police officers shall have the authority to regulate the activities of individuals using the parks when necessary to prevent congestion and to secure the maximum use for the comfort, safety and convenience of all. Visitors shall comply with directions given to achieve this end. a e Section 18-7 b is €>eti` <'»<,XX e and new hereby enacted in lieu thereof, in words and figures, to read as follows: Sec. 18-7. Regulation of certain activities. (b) The park superintendent or police officers shall have the authority to regulate the activities of individuals using the parks and all recreation trails when necessary to prevent congestion and to secure the maximum use for the comfort, safety and convenience of all. Visitors shall comply with directions given to achieve this end. ARTICLE 2. Chapter 26 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended by enacting a new Section 26-138 entitled "Motor Vehicles Prohibited on Recreation Trails", in words and figures, to read as follows: Sec. 26-138. Motor Vehicles Prohibited on Recreation Trails. (a) No person shall operate, drive, or cause to be operated or driven, at any time, any motor vehicle, motorized bicycle, or farm tractor upon any recreation trail in the city limits. This prohibition shall not apply, however, to any emergency vehicles or utilities vehicles. (b) In addition to conviction and punishment in municipal court for violation of this section, the operator and/or registered owner of any such vehicle violating this section shall be liable in any court of competent jurisdiction for destructive damages to the surface, structure, or other physical conditions pertaining to the recreation trail caused by such violation. ARTICLE 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. ARTICLE 4. It is the intention of the governing body and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Cape Girardeau, Missouri, and the sections of this Code may be renumbered to accomplish such intention. ARTICLE 5. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THI ATTEST' DAY OF