ORDINANCE NO. 2007-20
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 ADDING A NEW SECTION 86-15 REQUIRING LIFE JACKETS ON CERTAIN PUBLIC WATERWAYS; AND A NEW SECTION 86-16 RESTRICTING CERTAIN TYPES OF FLOTATION DEVICES ON THE RIVERS; 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 has appointed a River Activities Committee and the Committee has recommended that the City require the use of life jackets by certain individuals on the waterways within the city limits and to restrict the types of flotation devices that can be on the rivers in order to protect the health, safety and welfare of its citizens and visitors;
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 Section 86-15 which shall hereinafter read as follows:
Sec. 86-15. Use of life jackets on rivers.
(a) It is recommended that young children and individuals that cannot swim or are poor swimmers wear life jackets when floating the Comal River. The City shall post signs at public access points to the Comal River recommending the wearing of life jackets by certain individuals and outfitters are encouraged to provide notification to their customers.
(b) It is recommended that young children and individuals that cannot swim or are poor swimmers wear life jackets on the public waters of the portion of the Guadalupe River that lies within the city limits when the flow of the river is below 500 cubic feet per second (“cfs”).
(c) It shall be unlawful for any person under 8 years of age to enter, be on, or in the public waters of the portion of the Guadalupe River that lies within the city limits without a life jacket when the flow of the river is above 500 cfs.
(d) It shall be unlawful for any person, regardless of age, to enter, be on, or in the public waters of the portion of the Guadalupe River that lies within the city limits without a life jacket when the flow of the river is above 750 cfs.
(d) It shall be unlawful for any person, regardless of age, to enter, be on, or in the public waters of the portion of the Guadalupe River that lies within the city limits in an inner tube or other flotation device, other than a six-man raft, when the flow of the river is above 1,000 cfs.
(e) Outfitters shall provide information to their customers concerning the requirements for life jackets on the Guadalupe River and the Comal River, In addition, outfitters shall post the following notice at their place of business so that it is clearly visible to customers as they engage in the rental transaction:
THE GUADALUPE IS A NATURAL RIVER. THERE ARE MANY
HAZARDS IN THE RIVER INCLUDING ROCKS, RAPIDS,
TREES, WATERFALLS, AND WILDLIFE. THE RIVER IS MORE
HAZARDOUS AS FLOW INCREASES ABOVE 300 CFS. TODAY’S
FLOW RATE IS _________.
A LIFE JACKET IS REQUIRED AT ALL TIMES FOR PERSONS
UNDER THE AGE OF 8 WHEN THE FLOW RATE IS ABOVE
500 CFS. LIFE JACKETS ARE REQUIRED OF ALL PERSONS
WHEN THE FLOW RATE IS ABOVE 750 CFS. THE RIVER SHALL
NOT BE FLOATED IN AN INNER TUBE OR OTHER
FLOTATION DEVICE WHEN THE FLOW EXCEEDS 1,000 cfs.
(f) The term “outfitter” shall mean any person, sole proprietorship, partnership, corporation, limited liability company, or other business entity which provides, for a fee, flotation devices or other equipment necessary to float the Comal or Guadalupe rivers or provides guide service on the rivers.
The phrase “to enter, be 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 starting at the city limits upstream from the Gruene Bridge and ending at the Mill Dam.
II.
That Chapter 86 of the Code of Ordinances for the City of New Braunfels, Texas, is hereby amended by adding Section 86-16 which shall hereinafter read as follows:
Sec. 86-16. Rivers, flotation devices.
It shall be unlawful for any person to float the Guadalupe River or Comal River within the city limits except by using the following flotation devices:
(a) Vessel: Canoe, kayak, boat, or raft, including inflatable vessels, not exceeding eighteen feet (18’) in length. Persons floating the Comal River in a vessel on a Saturday, Sunday, or holiday shall not use the City’s “Last Tubers’ Exit” adjacent to Garden Street and Union Avenue between May 1st and October 1st of each year. Rafts are not permitted on the Comal River. The term “raft” means an inflatable structure used to transport people on the water and capable of holding more than two people. The term “raft” does not include an inflatable device as defined herein.
(b) Inflatable Device: Inner tube or other water recreational form or apparatus that is inflated with air. The term includes inflatable chaise lounges, air mattresses; two-person rafts, and other inflatable flotation devices. On the Comal River, inflatable devices cannot exceed five feet (5’) in diameter if round; or, if they are rectangular or another shape, one side cannot exceed five feet (5’) in length. Inflatable devices on the Comal River are limited to no more than two (2) per person.
Vessels or inflatable devices operated by or under the supervision of the City’s Police Department or Parks and Recreation Department are exempt from the provisions of this Section.
The City will allow reasonable accommodations with regard to vessels or inflatable devices for individuals with disabilities or special needs.
This Section does not apply to any person that is swimming in the Guadalupe River or Comal River independent of using a vessel or flotation device to be carried on, in, or along the rivers.
The definitions contained in Section 86.15 also apply to this section.
III.
Any person who shall violate any provision of Sections 86-15 or 86-16 shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not more than $500.00.
IV.
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.
V.
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.
VI.
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 on the 12th day of February, 2007.
PASSED AND APPROVED: Second reading on the 14th day of March 2007.
CITY OF NEW BRAUNFELS, TEXAS
By:_____________________________
R. BRUCE BOYER, Mayor
ATTEST:
_________________________________
MICHAEL A. RESENDEZ, City Secretary
APPROVED AS TO FORM:
_________________________________
PAUL C. ISHAM, Interim City Attorney