new braunfels city council agenda item on alcohol ordinance

8/4/2019 New Braunfels City Council Agenda Item on alcohol ordinance

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ORDINANCE NO. 2011-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS,

TEXAS, AMENDING SECTION 86-14 OF THE CODE OF ORDINANCES TO

PROHIBIT ALL DISPOSABLE CONTAINERS ON CERTAIN PUBLIC WATERWAYS;

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 the municipality's health and general welfare;

and

WHEREAS, the 80th Legislature of the State of Texas directed the Edwards Aquifer

Authority ("EAA") to cooperatively develop a recovery implementation program for threatened

or endangered species associated with the Edwards Aquifer (the "Edwards Aquifer Recovery

Implementation Plan" or "EARIP"); and

WHEREAS, the City of New Braunfels has been patiicipating with the EAA, the City of

San Marcos, the City of San Antonio, and others in the development of the EARIP; and

WHEREAS, the EARIP will result in the City of New Braunfels entering into the

Edwards Aquifer Recovery Implementation Program Habitat Conservation Plan Funding and

Management Agreement (the ·'EARIP HCP Funding and Management Agreement") with other

parties; and

WHEREAS, the EARIP HCP Funding and Management Agreement will require NewBraunfels to implement certain progmms with regard to the restoration and protection of the

Coma! River including the expansion of monitoring water quality in the river; and

WHEREAS; as a result of having a population in excess of 50,000, New Braunfels is

mandated by federal law to have a municipal separate storm sewer systems program (MS4

program) in order to protect the water quality of storm water discharge into the Coma! and

Guadalupe rivers; and

WHEREAS, the use of the rivers by water recreational users and the disposing of

containers and other litter in the rivers, both the Guadalupe and the Coma! rivers, impact the

water quality of those rivers; and

WHEREAS, the City of New Braunfels spends hundreds of thousands of dollars and

thousands of man-hours each year on the cleaning of containers and other foreign material fromthe rivers; and

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WHEREAS, prohibiting the typesof

containers used by the water recreational users onthe Coma! River and Guadalupe River protects the health, safety and wei fare of the citizens and

visitors to New Braunfels;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF

NEW BRAUNFELS, TEXAS:

SECTION I: That Chapter 86 "Parks and Recreation," Article I. " In General," Section86-14 "Coolers that are allowed on rivers, lakes and streams" of the Code of Ordinances for theCity of New Braunfels, Texas is hereby amended so that Subsection (a) (2) shall hereinafter readas follows:

(a) (2) It shall be unlawful for anyone to use , carry or possess food or beverages in adisposable container a eoAtaiAer eoAstruetee of glass, metal, alumiAum, plastie,Styrofoam, paper, eareeoare, Of ether material whieh is Of may ee eeAsieereeeispesaele on or in the public waters of the Guadalupe River or Coma! River andeach person is limited to one (I ) cooler in accordance with Subsection (a)(l).

J2iseosable container means a receptacle designed to be used once, then t ~ r o w n ___- -{LF '- 'm'a..: t:..ed..:.:_ -=o....t:... .:.:ta:...h.:..c______away. For purposes of this Subsection, disposable containers include, but are notlimited to, metal and aluminum cans, glass containers. Styrofoam cups andcontainers, cardboard containers, paper sacks, boxes, paper napkins and towels, and

plastic containers and utensils.This previsioA partieularly applies to, but is Aet limiteeto, eaAs, settles, aAe other eoAtaiAers usee by the maAufaeturers or suppliers of

various types of liquies for humaA eeAsumptieA, aAe are eesigAee for eispesal afterthe liquie is eeAsumee or remevee by the user.

SECTION 2. Any person who shall violate any provtston of Section 86-14 shall bedeemed guilty of a misdemeanor, and, upon conviction thereof; shall be punished by a tine of not

more than $500.00.

~ ~ J : : I . I P _ _ ! ' \ I This ordinance shall be cumulative of all provisions of ordinances of theCity ofNew Braunfels, Texas, except where the provisions of the Ordinance are in direct conflictwith the provisions of such ordinances, in which event the conflicting provisions of suchordinances are hereby repealed.

SECTION 4. It is hereby declared to be the intention of the City Council that thephrases, clauses, sentences, paragraphs, and sections of thi s Ordinance are severable, and if anyphrase, clause, sentence, paragraph or section of thi s Ordinance shall be declared

unconstitutional by the valid judgment or decree of any court of competent jurisdiction, suchunconstitutionality shall not affect any of the remaining phrases, clau$eS, sentences, paragraphsand sections of this Ordinance, since the same would have been enacted by the City Councilwithout the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence,paragraph or section.

SECTION 5. This Ordinance shall become adopted and effective ten (I 0) days after thedate of publication in a newspaper pursuant to the Chat1er of the City of New Braunfels.

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PASSED AND APPROVED: First reading on the 81h day of August, 201 I.

PASSED AND APPROVED: Second reading on the 22"d day of August, 20 I I.

ATTEST:

PATRICK D. ATEN, City Secretary

APPROVED AS TO FORM:

PAUL C. ISHAM, Interim City Attorney

CITY OF NEW BRAUNFELS, TEXAS

By: _________________________GALE POSPISIL, Mayor

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ORDINANCE NO. 2007-13

AN ORDINANCE OF THE CITY COUNCIL OF THECITY OF NEW BRAUNFELS, TEXAS; AMENDINGCHAPTER 86 OF THE CITY OF NEW BRAUNFELSCODE OF ORDINANCES BY AMENDING SECTION

86-14 PROHIBITING CERTAIN CONTAINERS ORCOOLERS ON CERTAIN PUBLIC WATERWAYS;ESTABLISHING A PENALTY; PROVIDING ASAVINGS CLAUSE; PROVIDING A SEVERABILITYCLAUSE; 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

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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 disposeof

a cooler that has a capacity greater than sixteen (16) quarts on or in the publicwaters of the portions of the Guadalupe River and Comal River that lie within thecity 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 fromfalling out of the cooler.

(2) It shall be unlawful for anyone to use, carry or possess a containerconstructed of glass or Styrofoam on or in the public waters of the GuadalupeRiver or Comal River and each person is limited to one ( 1) cooler.

(3) It shall be unlawful for anyone to disposeof

any container into thewaters or banks of the Guadalupe River or Comal River unless it is disposed intoa 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 thepublic waters of the portions of the Guadalupe River, Lake Dunlap and ComalRiver 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 beenopened, that has a broken seal, or the contents of which are fully or partially

removed; and "cooler" means a receptacleor

apparatus capableof

cooling orkeeping 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 alanding, 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 "Coma/ River" means that portion of the Comal River or thediversion of the Comal River that starts at the confluence with Dry Comal Creek

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and ends at the confluence with the Guadalupe River. The term "GuadalupeRiver' means that portion of the Guadalupe River that starts at the GrueneBridge 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 afine not more than $500.00.

(c) It is an affirmative defense to prosecution if the individual was involved inthe clean up or collection of trash and debris from the rivers.

II.

This Ordinance shall be cumulative of all provisions of ordinances of theCity of New Braunfels, Texas, except where the provisions of the Ordinance arein direct conflict with the provisions of such ordinances, in which event the

conflicting provisions of such ordinances are hereby repealed.

Ill.

It is hereby declared to be the intention of the City Council that thephrases, clauses, sentences, paragraphs, and sections of this ordinance areseverable, and if any phrase, clause sentence, paragraph or section of thisordinance shall be declared unconstitutional by the valid judgment or decree of

any court of competent jurisdiction, such unconstitutionality shall not affect any ofthe remaining phrases, clauses, sentences, paragraphs and sections of thisordinance, 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 thedate of publication in a newspaper pursuant to the Charter of the City of NewBraunfels.

PASSED AND APPROVED: First reading this the 22"d day of January 2007.

PASSED AND APPROVED: Second reading this the 26th day of March 2007.

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ATTEST:

APPROVED AS TO FORM:~ ~ PAUL . ISHAM, lntenm C1ty Attorney

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new braunfels city council agenda item on alcohol ordinance

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