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Ord 2661 7/6/1971 A r ORDINANCE NO. 2661 AN ORDINANCE AMENDING SECTION 25-47, SECTION 25-49, SECTION 25-50 AND SECTION 25-51 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS TO PROVIDE FOR ISSUANCE OF PERMITS FOR THE OPERATION OF GO-CART AND SCRAMBLER TRACKS AND CERTAIN OTHER OUTDOOR SPORTS AND AMUSEMENT FACILITIES, WHICH PERMIT SHALL BE APPROVED BY THE CITY MANAGER. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. Section 25-47 of the Code of Ordinances is hereby amended so that it shall read as follows: "Section 25-47. Permit -Required; Application; Investigation, etc. Before any person shall open, operate or maintain any miniature golf course, putting green, driving course, croquet, go-cart or scrambler track, or other outdoor sport or amusement facility (exclusive of transient shows required to be licensed by Section 25-64) , as a business charging fees for the playing of such game or use of such facility, he shall first make application in writing to the City Manager, setting forth the location of such pro- posed business, together with the written consent of all property owners and residents within one hundred feet of such location to the installation and operation of such business. Upon receipt of such application the City Manager shall investigate such location and the advisability of granting a permit for the maintenance and operation of such business. If the City Manager is satisfied that the operation and maintenance of such business is not detrimental to the general health, safety, order, convenience, prosperity or general welfare of the people of the city, then he may grant a permit to the applicant for the operation of such business for a period of not longer than one year. If the City Manager denies such permit, the applicant shall have the right to appeal the decision of the City Manager to the Board of Aldermen, who shall hear and consider the application and either grant or refuse the permit." SECTION 2 . Section 25-49 of the Code of Ordinances is hereby amended so that it shall read as follows : "Section 25-49. Operating Hours Prescribed. No person operating any such business shall keep such place of business open or allow such game or sport to be played between the hours of 11:00 o' clock P.M. and 6:30 o' clock A M. , and all lights shall be extinguished by 11:00 o' clock P.M. each night. However, on all days on which daylight saving time is in effect in the City of Wichita Falls, such place of business may remain open until 12:00 o' clock midnight, and all lights shall be extinguished immediately after 12 :00 o' clock midnight. The City Manager may, in special circumstances, authorize such a business to stay open later than the stated hours." ilk SECTION 3. Section 25-50 of the Code of Ordinances is hereby amended so that it shall read as follows: "Section 25-50. Gambling Prohibited. No person operating such business shall knowingly permit or allow any gambling at such place of business, or allow bets to be laid upon the outcome of any such game between the players or between other persons at such place. " SECTION 4. Section 25-51 of the Code of Ordinances is hereby amended so that it shall read as follows: "Section 25-51. Use of Musical or Other NoisemakingDevices or Machines . The person operating such business shall not use in connection therewith any phonograph, radio, band, or any other kind of device, machine or engine which emits or is permitted to emit noises, either music or otherwise, of such a character as is reasonably calculated to disturb the peace of adjacent inhabitants, or the public. " SECTION 5. The fact that there are several businesses subject to this ordinance which are either operating or desire to commence operations, which may affect the health, safety and wel- fare of the inhabitants of the City, creates an emergency, and this ordinance is declared to be an emergency measure, and it shall become effective immediately. PASSED AND APPROVED THIS the 6th day of July, 1971. M A Y O ATTEST: X-1-2-7-24 City lerk