HomeMy WebLinkAbout031879 ORD - 09/24/2019 Ordinance amending Chapter 36 of the City Code to add section 36-14
to prohibit lying down, smoking, vaping, eating, and possessing
blankets, pillows, mattresses, cardboard, tarps, sleeping bags,
bedding, stoves, cooking devices, shopping carts, wagons, within
Blucher Park; changing closing time from 10:00pm to 8:00pm for said
park; and providing for fines.
WHEREAS, Blucher Park is designated as a site on the Corpus Christi Bay Loop
as part of the Great Texas Coastal Birding Trail by the Texas Department of Parks and
Wildlife;
WHEREAS, Blucher Park is a nationally and internationally recognized birding
park with unique attributes that attract migratory birds;
WHEREAS, Blucher Park provides food sources such as pigeonberry (Ruvina
humilis) and turkscap (Malvaviscus arboreus) for a variety of migratory birds;
WHEREAS, human usage of the park, other than for bird watching, tends to
damage vegetation; discourages and/or interrupts the migratory patterns of the birds; and
ultimately lessens the ability of citizens to enjoy the park as a bird watching sanctuary;
and
WHEREAS, the City of Corpus Christi wishes to preserve this natural resource and
attraction for the use and benefit of its citizens and visitors from around the United States
and the world.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That Chapter 36, Parks, Recreation, Cultural and Leisure Time Activities of
the Corpus Christi Code of Ordinances is amended by adding Section 36 - 14, Blucher
Park, to read as follows:
(a) Items Prohibited. It shall be unlawful for any person to possess the following in
any part of Blucher Park:
(1) Blankets, pillows, mattresses, cardboard, tarps, sleeping bags, bedding
materials, stoves, cooking devices, shopping carts, wagons.
(b) Behavior prohibited.It shall be unlawful for any person to engage in the following
behavior in any part of Blucher Park:
(1) lying down; smoking; vaping; eating; or sleeping.
031879
SCANNED
(c) Affirmative Defenses.
(1) It shall be an affirmative defense to prosecution pursuant to this subsection (b)
of this section that an alleged violator was:
(a) lying down because of a medical emergency; or
(b) as the result of a disability; or
(c) a member of a volunteer organization who is working in the park pursuant
to section 36-12.
(e) Park Curfew. Blucher Park shall be closed for all purposes at 8:00pm each
day and re-opened for public use at 6:00 a.m. each day.
(f) Boundaries. "Blucher Park" is defined as the City owned property outside
the street right-of-way, clearly delineated by the City with signage and fencing or other
markings as "Blucher Park" within the area between Carrizo Street, Tancahua Street,
Kinney Street, and Blucher Street and an extension of Blucher Street between Carrizo
Street and Tancahua Street.
SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word
or provision of this ordinance shall be held invalid or unconstitutional by final judgment of
a court of competent jurisdiction, it shall not affect any other section, paragraph,
subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent
of this City Council that every section, paragraph, subdivision, clause, phrase, word or
provision hereof be given full force and effect for its purpose.
SECTION 3. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
SECTION 4. Fines are as provided in this Section 1-6 of the City Code.
SECTION 5. This ordinance shall go into effect immediately upon publication.
That the foregoing ordinance was read for the first time and passed to its second reading on this
the day of , .r, 2019, by the following vote:
Joe McComb AY.� Michael Hunter 4.
Roland Barrera {' Ben Molina 7 .Q
Rudy Garza '4 jt Everett Roy '
Paulette M. Guajardo *J2 Greg Smith
Gil Hernandez Ai.e_
That the foregoing ordinance was read for the second time and passed finally on this the of
#2,--.
day of 7p k* k/2019, by the following vote:
Joe McComb /fr
Michael Hunter Ay-
Roland BarreraBen Molina
Rudy Garza Everett Roy -
Paulette M. GuajardoGreg Smith'
Gil Hernandez �_
PASSED AND APPROVED on this the ''day of Se f� Yom✓ , 2019.
ATTEST: 1
'ei�'.,t eez fes-tFidttrtlA - /-
Reb cca L. Huerta J•e cComb
City Secretary apt.
EFFECTIVE DATE
7k0A9
031979
Caller
TFINANCE DEPARTMENT
PART OF THE USA TODAY NETWORK 2019 OCT 16 AM 10: 59
Certificate of
Publication
-
NOTICE OF PASSAGE OF NOTICE OF PASSAGE OF
ORDINANCE(S) ORDINANCE(S)
N 0.031879, Ordinance NO.031879, Ordinance
amending Chapter 36 of the amending Chapter 36 of the
City Code to add section 36- City Code to add section 36-
14 to prohibit lying down, 14 to prohibit lying down,
CITY OF CORPUS CHRIS TI smoking, vaping, eating,
PO BOX 9277 and possessing blankets, apossessingo, vanblankets,
pillows, mattresses, card- and mts,ank card-
board, d-
tarps, sleeping bags, pillows, mattresses,CORPUS CHRISTI,TX 78469-9277 bedding, stoves, cooking board, tarps, sleeping bags,
devices, shopping carts, bedding, stoves, cooking
wagons, within Blucher devices, shopping carts,
Park; changing closing wagons, within Blucher
time from 10:00pm to Park; changing closing
STATE OF WISCONSIN 8:00pm for said park; and time from 10:00pm to
providing for fines. This or-
8:00pm for said park; and
)) dinance was passed and ap- providing for fines. This or-
COUNTY OF BROWN) proved on second reading dinance was passed and ap-
by the Corpus Christi City proved on second reading
Council on September 24, by the Corpus Christi City
I,being first duly sworn,upon oath depose and say that I 2019. Council on September 24,
/s/RebeccaHuerta 2019.
am a legal clerk and employee of the publisher,namely,the City Secretary /s/Rebecca
becca Huerta
Corpus Christi Caller-Times,a daily newspaper published City Secretary
at Corpus Christi in said City and State,generally circulated
in Aransas,Bee,Brooks,Duval,Jim Hogg,Jim Wells,
Kleberg,Live Oak,Nueces,Refugio,and San Patricio,
Counties,and that the publication of which the annexed is a
true copy,was inserted in the Corpus Christi Caller-Times
on the following dates:
September 30,2019
On this September 30,2019,I certify that the attached
document is a true and exact copy made by the publisher:
7 /1011
gal Notice Clerk
Notary Public, ate of Wisc sin,County f Brown
ch,q2A
Notary Expires
Publication Cost:$121.40
Ad No:0003812449 Cpl AR
Customer No: 1243917 • —*40
PO#: NO.031879 ' tn'. PUBLAG :2