NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS:

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1 Page 1 of 12 ORDINANCE AN ORDINANCE OF THE CITY OF SAN MARCOS, TEXAS, AMENDING CHAPTER 58 PUBLIC FACILITIES, PARKS AND RECREATION, ARTICLE 2 PARKS, BY AMENDING SECTION BY AMENDING THE DEFINITIONS OF ALL- TERRAIN VEHICLE, WEAPON, AND WILDLIFE AND ADDING DEFINITIONS FOR NATURAL GREEN SPACE AND STYROFOAM, ADDING SECTION APPLICABILITY OF PARK ORDINANCES IN NATURAL GREEN SPACE, AMENDING SECTION DESIGNATING THE OFFICE WHERE THE SCHEDULE OF FEES WILL BE MAINTAINED, AMENDING SECTION PROHIBITING DISRUPTIVE CONDUCT, AMENDING SECTION CARE AND CUSTODY OF MINOR CHILDREN, AMENDING SECTION REGULATING MOTOR VEHICLES, AMENDING SECTION PROHIBITING DISPLAY OR CONSUMPTION OF ALCOHOLIC BEVERAGES IN CERTAIN PARKS, AMENDING SECTION BY ADDING SEC (B) - PROHIBITING SMOKING AND CHEWING TOBACCO IN PLAY AREAS AND ATHLETIC FIELDS, AMENDING SEC MISCELLANEOUS RULES, AMENDING SECTION ANIMALS, ADDING SECTION AUTHORIZING THE DIRECTOR TO REGULATE BARBEQUE PITS, CONTAINERS OR OTHER COOKING APPLIANCES, ADDING SECTION PROHIBITING STYROFOAM PRODUCTS, AMENDING CHAPTER 58 PUBLIC FACILITIES, PARKS AND RECREATION, BY AMENDING ARTICLE 3 WATER ACTIVITIES, BY AMENDING SECTION PROHIBITING POSSESSION OF OR SHOOTING SPEAR GUNS IN THE SAN MARCOS RIVER WITHOUT A PERMIT, AMENDING SECTION ACTIVITIES ON DAMS, BY PROHIBITING THE STORAGE, SALE, CONSUMPTION, OR DISPLAY OF ALCOHOLIC BEVERAGES ON ANY DAM, SPILLWAY CONTROL, LEVY, BRIDGE, WATER FEATURE OR STRUCTURE IN THE SAN MARCOS RIVER OWNED OR OPERATED BY THE CITY, ADDING SECTION REQUIRING THE SECURING OF LIDS AND COVERS TO CONTAINERS; INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING PENALTIES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS: SECTION 1. Chapter 58, Public Facilities, Parks and Recreation, Article 2 - Parks and Article 3, Water Activities, of the San Marcos City Code are amended as follows (underlining indicates added text, strikethrough indicates deleted text: ARTICLE 2. PARKS Sec Definitions. In this article: All-terrain vehicle means a motor vehicle that is equipped with a saddle for the use of the rider, designed to propel itself with three or four tires in contact with the ground, designed by the manufacturer for off-highway use by the operator only., and not designed by the manufacturer

2 Page 2 of 12 for farming or lawn care. Artifacts mean objects used or modified by humans, including but not limited to arrowheads, dart points, stone, bone or shell implements or any other object of historic or archeological significance. Boat means a vessel not more than 30 feet in length, measured from end to end over the deck, excluding sheer, and manufactured or used primarily for non-commercial use. Camp or Camping means erecting a tent, arranging bedding, or both for the purpose of remaining overnight, or the use of a trailer, camper, or other vehicle for the purpose of sleeping during the night. Children's Park means an area bounded on the north by the driveway leading from Cheatham Street to the Children's Park parking areas, on the east by the San Marcos River, on the south by the Union Pacific Railroad tracks, and on the west by Purgatory Creek. City park means any area of real property owned, used or maintained by the city as a public park, playground or athletic facility. Cultural features include but are not limited to city archeological landmarks, archeological sites, historic sites and structures, Indian rock art or historic rock art. Department means the parks and recreation department. Director means the director of the parks and recreation department. Endangered Species means any plant, insect, animal, bird, amphibian, reptile, fish, shellfish or other aquatic or terrestrial life listed by the U.S. Department of the Interior, U.S. Fish and Wildlife Service, or Texas Parks and Wildlife Department as endangered or threatened. Firearm Weapon means any device from which a shot, projectile, arrow, or bolt is fired by the force of an explosion, compressed air, gas or mechanical device. Firearms Weapons include but are not limited to the following: rifle, shotgun, handgun, air rifle, pellet gun, longbow, cross bow, sling shot, blow gun, or dart gun. Harass means to disturb or irritate persistently. Implies systematic persecution by besetting with annoyances, threats or demands. Motor vehicle has the meaning given in the state Uniform Act Regulating Traffic on Highways, V.T.C.A. Transportation Code Natural Green Space means city owned property in excess of one acre designated as Natural Green Space by ordinance or signage at the main entrance or entrances. Night means the period beginning one-half hour after sunset and ending one-half hour before

3 Page 3 of 12 sunrise. Nude or state of nudity means the appearance of a human bare buttock, anus, male genitals, female genitals, female breasts or a state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals or areola of the female breast. Person means natural persons, firms, partnerships, corporations, clubs, and all associations or combinations of persons. Plant life means all plants including trees, dead or downed wood, shrubs, vines, wildflowers, grass, sedge, fern, moss, lichen, fungus, or any other member of the plant family. Playscape area of Children's Park means an area in Children's Park bordered by timbers enclosing the community playscape. Styrofoam includes foam, polypropylene, expanded polypropylene and polystyrene. Temporary restriction means any restriction imposed by the Mayor or City Manager on the use of city park areas or facilities for a period less than 30 days. Unattended pet means any domesticated animal that is unaccompanied or not under the immediate physical control of its owner or caretaker. Wildlife means any non-domesticated animal, bird, amphibian, reptile, fish, shellfish or other aquatic life or any portion thereof. Section Applicability of Park Ordinances in Natural Green Space Rules and regulations established under Chapter 58 apply in full force and effect in all Natural Green Space as the term is defined in this Article. Sec Fees for park and recreational facilities. Fees and charges for the use of park and recreational facilities are established by the city council. A schedule of the fees will be kept at the main department offices. Sec Night curfew in city parks. It is unlawful for any person to enter or remain in any city park between the hours of 11:00 p.m. and 6:00 a.m. (b) It is a defense to prosecution that the person is either participating in a supervised program approved by the director, or fishing along the San Marcos River.

4 Page 4 of 12 (c) Application for approval for a supervised program must be submitted to the director of parks and recreation at least 24 hours before the program is to begin on a form provided by the director. Sec Disruptive conduct. It is unlawful for a person to: (1) Intentionally or knowingly interfere with, disrupt or prevent the orderly conduct of any program being conducted by the department, or a program approved by the department, in any city park, park facility or swimming pool; (2) Intentionally or knowingly make unreasonable noise in a public place or to use electronic equipment, including electrical speakers, at a volume which emits sound beyond the person's immediate picnic site without the express written permission of the director; (3) Intentionally or knowingly appear nude in a city park; (4) Take, remove, destroy, deface, tamper with or disturb any artifact or cultural feature or to take, remove, or disturb any rock, soil, gem, mineral, fossil or other geological deposit from or any in any city park except by permit issued by the director; (5) Use a metal detector in a city park without the express written permission of the director; or (6) Mutilate, injure, destroy, pick, cut, or remove any plant life from or in a city park except by permit issued by the director. (b) Any person directly or indirectly responsible for disruptive, destructive, or violent conduct in a city park, park facility or swimming pool, which endangers public property, health or safety may be ordered to leave the park for a period of time not to exceed 24 hours by a peace officer, park ranger or department personnel. (c) It is unlawful for a person to fail or refuse to leave a park after being ordered to do so by a peace officer, park ranger or department personnel, or to return to a park during the time when the person was ordered to leave and remain outside the park. Sec Care and custody of minor children. It is unlawful for the parent, guardian or person in custody of any child seven years old or younger to allow the child to enter any city swimming pool unless the child is accompanied by a person at least 14 years of age.

5 Page 5 of 12 (b) This section does not apply to children who are participating in supervised swimming classes or programs conducted by the department or approved organization. Sec Motor vehicles. It is unlawful for a person to: (1) Drive any motor vehicle or an all-terrain vehicle on a city park area that is not an improved roadway; (2) Park a motor vehicle or trailer in a city park in any area that is not designated by signs or markings for as a parking space; (3) Operate or use a motor vehicle, all-terrain vehicle, or bicycle on a trail or path not designated and posted for use by such conveyances or to use a trail or path in a dangerous or reckless manner; or (4) Abandon, store or leave a vehicle, boat, trailer or other personal property in a city park during park curfew hours or after the checkout time for the park facility. (b) Any vehicle, boat, trailer or other personal property found in violation of this section may be removed and stored at the owner's expense. (c) This section does not apply to city employees conducting official city business or persons participating in a supervised program approved by the director. Sec Possession of Public display or consumption of alcoholic beverages in certain parks. It is unlawful for any person to possess an alcoholic beverage: (1) On or within 500 feet of any softball or baseball field in a city park; (2) Within the fenced area surrounding any city swimming pool; or (3) Within Children's Park. It is unlawful for any person to publicly consume or display alcoholic beverages within a city park. (b) It is a defense to prosecution that the alcohol was consumed or displayed within a special event contract designated area of a rented pavilion, park, facility, or picnic tables, and the person is a part of the group that rented the area.

6 Page 6 of 12 (c) It is a defense to prosecution that the alcohol was consumed or displayed while conducting water activities that include but not limited to tubes, canoes, kayaks and within the river or waterway of city parks (d) It is not a defense to prosecution that the alcohol was consumed or displayed while standing, sitting, or walking along the water s edge. (e) The department may establish entry and exit points designated along the river where display of alcohol may be permitted. Open containers or consumption of alcohol are not permitted in these areas. (f) A person convicted of a violation of littering beverage containers in the San Marcos River is punishable by a fine of not less than $250.00, but not more than $ Sec Glass beverage containers prohibited. It is unlawful for any person to possess any glass beverage container in any city park. (b) It is unlawful for any person to possess any glass beverage container in or on the waters of the San Marcos River. Sec Smoking and chewing tobacco. (b) It is unlawful for any person to smoke or chew tobacco in the playscape area of Children's Park. It is unlawful for any person to smoke or chew tobacco on or around any play area or athletic field area designated with borders, fences or other designations indicating play or program areas. Sec Authority of Park Rangers. Park rangers designated by the director of the city parks and recreation department are authorized to issue Municipal Court citations to enforce this chapter, all city code provisions and all Class C Misdemeanor offenses or other offenses punishable by fine only, as defined by State law, within city parks. Sec Hunting, fishing and camping in city parks. It is unlawful for a person to: (1) Hunt, harm, harass, disturb, trap, confine, catch, possess or remove wildlife from or in city parks;

7 Page 7 of 12 (2) Release any fish, bait-fish, plant or other aquatic organism into the waters of a city park; (3) Fish grapple, or catch and release, in an area where fishing is prohibited by sign; (4) Light, build, or maintain a fire within a city park except in a facility or device provided, maintained, or designed for such purposes; (5) Collect or gather wood in city parks; (6) Camp except as authorized by permit in areas designated or marked for that purpose; (7) Use any water or drinking fountain, pool, sprinkler, reservoir, lake, river or any other water body in the park for the purpose of washing or cleaning pets, themselves, their clothing or other personal belongings; or (8) Deposit wastewater, sewage, or effluent sinks, toilets, or other plumbing fixtures upon or into the grounds or waters of a city park. (b) Employees of the department, peace officers, park rangers, emergency personnel and State authorized personnel are exempt from these rules to the extent these rules conflict with the discharge of their official duties. (c) A person convicted of a violation of this section involving an endangered species is punishable by a fine of not less than $ Sec Use of park facilities for public or private purposes. The city manager or director shall set fees and charges for the use of park facilities in the making of films, movies, pictures or other media productions or broadcasts. (b) City personnel are required to be present during the making of films, movies, pictures or other media productions or broadcasts, to ensure public safety and park integrity. The number of city personnel on-site will be determined by the city manager or director. The person conducting or sponsoring the production will reimburse the city for the cost of on-site city personnel at a rate set by the city manager, director or chief of police. (c) All park facilities must be left in as good a condition or better than before the use, by any person engaged in the production of films, movies, pictures or other media productions or broadcasts in city parks. (d) Private, non-commercial makers of films, movies, pictures or video for personal home viewing are exempted from restrictions imposed by subsections and (b) above, with the

8 Page 8 of 12 exception of any regulated use fees. Sec Miscellaneous Rules. The mayor or city manager may, in order to protect the public's health, safety or welfare, or preserve city park resources, impose temporary restrictions on the use of city parks and facilities by posting notice at the main entrance of the facility, park, trail head or other conspicuous location. (b) It is unlawful for a person to: (1) Enter or remain in an area of a city park that has been posted by the department as closed; or (2) Violate any restrictions on the use of city park areas or facilities where the restrictions have been posted or the person has received notice of the restrictions. (3) Solicit, sell or offer to sell any good, service or merchandise of any kind in a city park except by authority of an approved concession contract or permit properly issued or approved by the director. (4) To remove notices posted by the department or post notices not approved by the department. (5) Fail to display or present permit upon request a permit issued by the department. (c) Employees of the department, peace officers, park rangers, and emergency personnel are exempt from these rules to the extent these rules conflict with the discharge of their official duties. Sec Animals. It is unlawful for a person to: (1) Molest, harm, harass, kill or destroy any animal used by or under the care of the department; (2) Enter any training area, stable, pen, barn, building or structure used to house any animal under the care of the department without prior written approval from the director. (3) Ride, drive, or lead a saddle horse in a city park, except upon a designated

9 Page 9 of 12 horseback riding trail, or designated horseback riding area, without a permit from the director; or (b) (c) A person convicted of a violation of subsection (1) is punishable by a fine of not less than $200.00, but not more than $500.00, and of subsection (2) by a fine of not less than $75.00, but not more than $ Employees of the department, Peace Officers, Rangers and emergency personnel are exempt from this section to the extent that there is conflict with the discharge of their official duties. Section Use of Barbeque Grills, Pits or other Cooking Appliances The Department Director may, in order to protect the public's health, safety or welfare, or preserve city park resources, place restrictions on the use of Barbeque grills, containers or other cooking appliances in city parks and facilities by posting notice at the main entrance of the facility, park, trail head or other conspicuous location. Sec Styrofoam Products Prohibited (b) It is unlawful for any person to use, carry, dispose, or possess Styrofoam products in any city park or in or upon the waters of the San Marcos River. Styrofoam products include but are not limited to coolers, ice chests, cups, plates, toys, floats, kickboards, rings or swimgear. Styrofoam linings used as floatation devices or dock supports are exempt from this section if fully encapsulated by water-based acrylic or latex coating, or fully enclosed within the structural framework of a boat. Sec Reserved. ARTICLE 3. WATER ACTIVITIES Sec Using public waters of Spring Lake. uses: The public waters of Spring Lake are designated as restricted to the following (1) Sightseeing and excursion boats operated by a person owning or controlling property bordering upon Spring Lake; and

10 Page 10 of 12 (2) Archaeological and scientific projects authorized by a person owning or controlling property bordering upon Spring Lake. (b) It is unlawful for a person to enter or remain within or upon the public waters of Spring Lake for a use or purpose other than those authorized in subsection of this section. Sec Possessing of or shooting spearguns in San Marcos River; permit required. In this section, the term speargun means any type of device used for propelling a spear, gig or any other type of hand held spear or projectile through water as a means of shooting or taking fish. (b) It is unlawful for any person to possess or shoot a speargun while in or upon the San Marcos River without a program permit issued by the Department. Sec Activities on bridges crossing San Marcos River. It is unlawful for a person to jump or dive into the San Marcos River from any bridge crossing the river. (b) It is unlawful for a person to stop and stand upon any railroad bridge crossing the San Marcos River. (c) This section does not affect the enforcement of laws prohibiting criminal trespass on privately owned bridges. Sec Activities restricted on Blanco River bridges. River. It is unlawful for a person to fish from the Uhland Road bridge crossing the Blanco Sec Activities on Dams. (b) It is unlawful for a person to stop or stand in the any spillway at Rio Vista Falls or interfere with another person passing through the any spillway. It is unlawful for any person to intentionally or knowingly store, sell, consume, or display alcoholic beverages on any dam, spillway control, levy, bridge, water feature or structure in the San Marcos River owned or operated by the City. (b)(c) An offense under this section is punishable by a fine not to exceed $500 as provided in Section 1.015(b) of the San Marcos City Code.

11 Page 11 of 12 Sec Bridge construction over river; prohibited entry; warning signs. During periods of bridge construction over the San Marcos River, the city manager may cause one or more signs to be posted in areas of bridge construction prohibiting the entry of persons within or along the San Marcos River into the areas. (b) When one or more signs are posted under subsection giving notice of an area of bridge construction where entry is prohibited, it is unlawful for a person to enter the area. (c) It is an affirmative defense to prosecution under this section that a person is actually engaged in bona fide bridge construction activities or operations in the area where entry is prohibited. Section Securing Lids and Covers to Containers It is unlawful to fail to secure the lid by strap, lock or other device to any ice chest, cooler, or other container designed for use to contain food or drink products while in use in or upon the San Marcos River. Secs Reserved. SECTION 2. If any word, phrase, clause, sentence, or paragraph of this ordinance is held to be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this ordinance will continue in force if they can be given effect without the invalid portion. SECTION 3. All ordinances and resolutions or parts of ordinance or resolutions in conflict with the ordinance are repealed. SECTION 4. Any person violating any provision of this ordinance commits a misdemeanor and is subject to the penalty provided in Section of the San Marcos City Code upon conviction. SECTION 5. This ordinance takes effect 10 days after the date of its final passage, and the City Clerk will publish notice of its adoption in a newspaper of general circulation in the City. PASSED AND APPROVED on first reading on the day of March PASSED AND APPROVED on second reading on the day of April Daniel Guerrero Mayor

12 Page 12 of 12 Attest: Jamie Lee Pettijohn City Clerk Approved: Michael Cosentino City Attorney