ORDINANCE NO. 2006-54
AN ORDINANCE SUPPLEMENTING THE CODE OF ORDINANCES OF THE CITY OF NEW BRAUNFELS, TEXAS BY ADDING SECTION 82-12, PROHIBITING THE USE OF VOLUME DRINKING DEVICES IN PUBLIC PLACES WITHIN THE CITY OF NEW BRAUNFELS.
WHEREAS, the City Council of the City of New Braunfels has determined that volume drinking devices propose certain health, safety and welfare hazards; and
WHEREAS, to benefit the public health, safety and welfare of the citizens of the City, the City Council has determined to supplement the Code of Ordinances to institute certain restrictions regarding volume drinking devices in public places in the City; and
WHEREAS, the City Council of the City of New Braunfels has determined that it is in the best interest of the citizens of New Braunfels that volume drinking devices be prohibited in public places within the city limits.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS:
I.
That the City of New Braunfels code of Ordinances is hereby supplemented by adding Section 82-12 to read as follows:
a. DEFINITIONS. For the purpose of this Ordinance, the following definitions shall apply:
(1) 'Volume Drinking Devices' means an object used, intended for use or designed for use in artificially increasing the speed with which, and/or amount of, alcohol is ingested into the human body by carrying the liquid from a higher location into the mouth by force of gravity or mechanical means, including but not limited to funnels, tubes and hoses. The term includes a beer bong.
b. OFFENSE. A person commits an offense if the person knowingly or intentionally uses or possesses with intent to use a Volume Drinking Device in a public place.
c. PENALTY. Any person violating the provisions of this Ordinance shall, upon conviction, be fined not less than $100.00 and no more than $500.00.
d. EVIDENTIARY RULES RELATING TO VOLUME DRINKING DEVICES. In considering whether an item is Volume Drinking Device under this chapter, a court or other authority shall consider, in addition to all other logically relevant factors, and subject to rules of evidence:
(1) statements by an owner or person in control of the object concerning its use;
(2) direct or circumstantial evidence of the intent of an owner or other person in control of the object as to the use the device;
(3) oral or written instructions provided with the device concerning its use;
(4) descriptive material accompanying the device that explains or depicts its use;
(5) the physical design characteristics of the item.
II.
That if any of the provisions of this ordinance shall be held void or unconstitutional, it is hereby provided that all other part of the same which are not held void or unconstitutional shall remain in full force and effect.
III.
All other ordinances or parts of ordinances in conflict herewith repealed to the extent that they are in conflict.
IV.
This Ordinance shall become adopted and effective ten (10) days after the date of publication in a newspaper pursuant the Charter of the City of New Braunfels.
PASSED AND APPROVED: First reading this the 19th day of June 2006.
PASSED AND APPROVED: Second reading this the 26th day of June 2006.
CITY OF NEW BRAUNFELS, TEXAS
BY:__________________________
R. BRUCE BOYER, MAYOR
ATTEST:
_____________________________________
MICHAEL A. RESENDEZ, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
CHARLES E. ZECH, CITY ATTORNEY