ORDINANCE NO. 2006-78
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS; SUPPLEMENTING CHAPTER 86 OF THE CITY OF NEW BRAUNFELS CODE OF ORDINANCES BY ADDING SECTION 86-14 PROHIBITING OPEN CONTAINERS WITH A VOLUME OF 5 FLUID OUNCES OR LESS ON CERTAIN PUBLIC WATERWAYS, AND ESTABLISHING A MINIMUM AND MAXIMUM PENALTY.
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 use of containers with a volume of 5 fluid ounces or less on waterways within the City, has created a public nuisance by increasing litter and interfering with the public’s enjoyment of parks, waterways and public spaces; 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 is hereby amended by adding the following section:
Sec. 86-14. Open containers of 5 fluid ounces or less prohibited on rivers, lakes and streams.
(a) It shall be considered unlawful and a misdemeanor offense 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.
(b) For purposes of this section “open container” means a bottle, can, or other receptacle that is open, that has been opened, that has a broken seal, or the contents of which are fully or partially removed.
(c) 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. Possession by a person of one or more containers in a single criminal episode is a single offense.
(d) It is an affirmative defense to prosecution if the individual was involved in the clean up or collection of trash and debris under the supervision of the City’s Police Department, Parks and Recreation Director or their designee.
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 24th day of July 2006.
PASSED AND APPROVED: Second reading this the 14th day of August 2006.
CITY OF NEW BRAUNFELS, TEXAS
By:_____________________________
R. BRUCE BOYER, Mayor
ATTEST:
_________________________________
MICHAEL A. RESENDEZ, City Secretary
APPROVED AS TO FORM:
_________________________________
CHARLES E. ZECH, Interim City Attorney