(A) Closure of a segment of Boatwright Road. The closing of the section of the street right-of-way commonly known as Boatwright Road located between and perpendicular to Forehand Road and Highway 274 in Trinidad, Henderson County, Texas (the Road), is hereby ratified, confirmed and approved. The Road is closed to motor vehicle traffic, pedestrian traffic, and any and all conveyances of any nature or kind whatsoever other than emergency services personnel and vehicles and city personnel, agents, or contractors.
(B) Barricades. The placement and installation of suitable barriers and traffic control to prevent motor vehicle and pedestrian access to the Road are hereby confirmed, ratified, and authorized by the City Council.
(C) Rights retained. It is not the intent or purpose of this ordinance, and this schedule shall not be construed, to:
(1) Abandon any rights, title or interest of the city in and to the Road; or to
(2) Release or waive any license, property interest or legal right of the city whatsoever. This ordinance is and shall be construed as an exercise of the city's police power for the benefit of the public health and safety, and not as any release, conveyance or waiver of any legal or property right of the city.
(D) Damage to public property; hindering access. It shall be illegal for any person to knowingly or intentionally damage, tamper with, remove, or replace any barrier, traffic control device, lock or sign erected by the city pursuant this schedule. Any person who knowingly, intentionally or recklessly causes damage to or removal of any barrier, traffic control device, lock or sign erected by the city pursuant to this schedule shall be responsible for the costs of replacement and/or repair. It shall further be illegal for any person to knowingly or intentionally hinder, impede, or prevent access by the city or the city's designee to the road.
(E) Violation and penalty. It shall be unlawful for any person, except a person authorized by the city, to access or transverse the road by motor vehicle, by foot, or by any other means. Any person who violates any of the provisions of this schedule shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine not to exceed $500. Each day of violation and each incident of violation of this ordinance shall constitute a separate offense. Allegations and evidence of culpable mental state are not required for proof of an offense under this schedule.
(Ord. 2008-015, passed 12-16-2008)