ORDINANCE NO. 2007-13
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS; AMENDING CHAPTER 86 OF THE CITY OF NEW BRAUNFELS CODE OF ORDINANCES BY AMENDING SECTION 86-14 PROHIBITING CERTAIN CONTAINERS OR COOLERS ON CERTAIN PUBLIC WATERWAYS; ESTABLISHING A PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of New Braunfels is a home rule municipality given broad discretionary powers under the Texas Constitution to regulate for the public peace, health, safety and general welfare of its citizens; and
WHEREAS, the City Council of the City of New Braunfels finds that waterways and recreational areas are a vital and integral part of a municipalities health and general welfare; and
WHEREAS, the City Council of the City of New Braunfels finds that providing its citizens waterways and recreational areas clean of debris and trash serves a legitimate public goal; and
WHEREAS, the City Council has appointed a River Activities Committee and the Committee has recommended that the City limit or restrict the use of certain containers or coolers (ice chests) on waterways within the City, in order to decrease litter, minimize public nuisances and interference with the public’s enjoyment of parks, waterways and public spaces; and preserve the pristine nature of the waterways; and
WHEREAS, the City Council of the City of New Braunfels has previously adopted container restrictions for the City of New Braunfels which serve the recreational needs of the City and provide for its citizens health and general welfare;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS:
I.
That Chapter 86 of the Code of Ordinances for the City of New Braunfels, Texas, Section 86-14 is hereby amended and re-titled to hereinafter read as follows:
Sec. 86-14. Coolers that are allowed on rivers, lakes and streams.
(a) (1) It shall be unlawful for anyone to use, carry, possess or dispose of a cooler that has a capacity greater than sixteen (16) quarts on or in the public waters of the portions of the Guadalupe River and Comal River that lie within the city limits and are defined herein. All coolers used, carried, and possessed on the Comal River and Guadalupe River shall be secured by a zipper, Velcro snap, mechanical latch, or bungee cord to prevent the contents of the cooler from falling out of the cooler.
(2) It shall be unlawful for anyone to use, carry or possess a container constructed of glass or Styrofoam on or in the public waters of the Guadalupe River or Comal River and each person is limited to one (1) cooler.
(3) It shall be unlawful for anyone to dispose of any container into the waters or banks of the Guadalupe River or Comal River unless it is disposed into a properly authorized and placed trash receptacle;
(4) It shall be unlawful for anyone to use, carry, possess or dispose of an open container with a volume capacity of 5 fluid ounces or less on or in the public waters of the portions of the Guadalupe River, Lake Dunlap and Comal River that lie within the city limits; and
(5) For purposes of this section “container” means a bottle, can, or other receptacle; “open container” means a container that is open, that has been opened, that has a broken seal, or the contents of which are fully or partially removed; and “cooler” means a receptacle or apparatus capable of cooling or keeping cold food and drinks and which can carry more than one container.
The phrase “on or in the public waters” does not include being on a landing, dock, wharf, deck, or other structure that is attached to and is a part of private property that is adjacent to the Guadalupe River or Comal River.
The term “Comal River” means that portion of the Comal River or the diversion of the Comal River that starts at the confluence with Dry Comal Creek and ends at the confluence with the Guadalupe River. The term “Guadalupe River” means that portion of the Guadalupe River that starts at the Gruene Bridge and ends at the Mill Dam.
(b) Any person who shall violate any provision of this section shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not more than $500.00.
(c) It is an affirmative defense to prosecution if the individual was involved in the clean up or collection of trash and debris from the rivers.
II.
This Ordinance shall be cumulative of all provisions of ordinances of the City of New Braunfels, Texas, except where the provisions of the Ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed.
III.
It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section.
IV.
This Ordinance shall become adopted and effective ten (10) days after the date of publication in a newspaper pursuant to the Charter of the City of New Braunfels.
PASSED AND APPROVED: First reading this the 22nd day of January 2007.
PASSED AND APPROVED: Second reading this the 26th day of March 2007.
CITY OF NEW BRAUNFELS, TEXAS
By:_____________________________
R. BRUCE BOYER, Mayor
ATTEST:
_________________________________
MICHAEL A. RESENDEZ, City Secretary
APPROVED AS TO FORM:
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PAUL C. ISHAM, Interim City Attorney