ORDINANCE NO. 2007- 12
AN ORDINANCE AMENDING SECTION 86-10 “PROHIBITION OF ALCOHOLIC BEVERAGES IN PORTIONS OF CITY PARKS” TO MODIFY AND CHANGE WHERE CONSUMPTION OF ALCOHOL MAY TAKE PLACE OR CONTAINERS OF ALCOHOL MAY BE POSSESSED; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council appointed a River Activities Committee to review activities on the Comal and Guadalupe Rivers and make recommendations to the City Council that would benefit the health, welfare and safety of the citizens and visitors to New Braunfels; and
WHEREAS, the River Activities Committee and the Parks and Recreation Advisory Board has recommended that the consumption of alcohol be prohibited in certain parks and on city-owned properties and the City Council desires to adopt such recommendations in order to protect the health, safety and welfare 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 1: That Chapter 86 “Parks and Recreation,” Article I “In General,” Section 86-10 “Prohibition of alcoholic beverages in portions of the city parks” shall be amended and hereinafter read as follows:
Sec. 86.10. Prohibition of alcoholic beverages in city parks and city-owned
property.
(a) It shall be unlawful for anyone to consume intoxicating liquor or any alcoholic beverage, or possess an open container of intoxicating liquor or alcoholic beverage within the boundaries of the following public parks or city-owned property within the city limits:
(1) Prince Solms Park;
(2) Hinman Island Park;
(3) Cypress Bend Park;
(4) The City-owned tuber exit on the Comal River that borders Garden Street and Union Avenue.
(5) River Acres Park;
(6) H.E.B. Soccer Park;
(7) Jesse Garcia Park;
(8) Ernest Eikel Field;
(9) Haymarket Park;
(10)Torrey Park;
(11)Kraft Park;
(12)Northridge Park;
(13)Dry Comal Trails;
(14)Solms Park; and
(15)Fredericksburg Sports Complex.
(b) It shall be unlawful for anyone to consume intoxicating liquor or any alcoholic beverage, or possess an open container of intoxicating liquor or alcoholic beverage in all designated parking areas or within 25 feet, either side of any roadway, within the boundaries of the following public parks or city-owned property within the city limits:
(1) Landa Park;
(2) Camp Comal.
(c) The provisions of Subsection (a) above shall not apply to a city-permitted function where the consumption and possession of intoxicating liquors or alcoholic beverages are permitted as part of the activity.
(d) Any person who shall violate any provisions of this Section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $500.00.
SECTION 2: This Ordinance shall be and is hereby declared to be cumulative to all other ordinances of the City of New Braunfels relating to consumption and/or possession of intoxicating liquors or alcoholic beverages within public parks or city-owned property within the city limits, and same shall not operate to repeal or affect any such ordinance or ordinances except insofar as the provisions of such ordinance or ordinances are inconsistent or in conflict with the provisions of this Ordinance, in which instance or instances those provisions shall be and they are hereby repealed.
SECTION 3: That if any provisions of this Ordinance shall be held void, illegal, or unconstitutional, it is hereby provided that all other parts of the same which are not held void, illegal or unconstitutional shall remain in full force and effect.
SECTION 4: This Ordinance shall take effect upon the second and final reading of the same.
PASSED AND APPROVED: First reading this 22ND day of January, 2007.
PASSED AND APPROVED: Second reading this 12TH day of February, 2007.
CITY OF NEW BRAUNFELS, TEXAS
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R. Bruce Boyer, Mayor
ATTEST:
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Michael A. Resendez, City Secretary
APPROVED AS TO LEGAL FORM:
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Paul C. Isham, Interim City Attorney