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Home My WebLink About12512 ORD - 03/05/1975oZ -p0-1 AN ORDINANCE MAKING FINDINGS OF FACT; AMENDING CHAPTER 9, ARTICLE IV, CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY ADDING A NEW SECTION 9 -38 -A PROHIBITION AGAINST LIVING ABOARD WATER CRAFT, SAID NEW SECTION PROHIBITING THE USE OF WATER CRAFT AS A DWELLING IN THE CORPUS CHRISTI MARINA, AS DEFINED HEREIN; AUTHORIZING TRANSIENT CRAFT TO REMAIN IN THE CORPUS CHRISTI MARINA FOR A FIVE (5) DAY PERIOD, PROVIDED CERTAIN RULES AND REGULATIONS ARE FOLLOWED, ALL AS DEFINED HEREIN; AUTHORIZING REGULAR SLIP TENANTS TO REMAIN ON BOARD WATER CRAFT FORA FIVE (5) DAY PERIOD, PROVIDED CERTAIN RULES AND REGULATIONS ARE FOLLOWED, AS TERMS ARE DEFINED HEREIN; PROHIBIT- ING USE OF PUBLIC PROPERTY ON THE LAND AREAS FOR OVERNIGHT STAYS; PROVIDING FOR PUBLICATION; PRO- VIDING A SEVERANCE; AND PROVIDING A PENALTY. WHEREAS, the City Council, after due study, has found that water craft have been used as dwelling units within Corpus Christi Marina; and WHEREAS, the City Council hereby determines and finds that said use constitutes a health hazard and detriment to the general health, safety and welfare of the citizens of Corpus Christi and in particular increases pollution within the Corpus Christi Marina; and WHEREAS, the foregoing conditions create a definite hazard which should be eliminated. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Chapter 9, Part IV, Corpus Christi City Code, 1958, as amended, be and the same is hereby amended by adding a new Section 9 -38 -A, said new Section to read as follows: "SECTION 9 -38 -A. Prohibition Against Living Aboard Water Craft. (A) No water craft whatsoever which is being used by the persons aboard as a dwelling unit shall be permitted to moor, tie up, or anchor within the Corpus Christi Marina, its basins, fairways, and anchorage areas, as such areas are defined and described in the United States Corps of Engineers geodetic chart and map of said area. As used herein, "dwelling" means any water craft which is being used as a perma- nent abode or residence in which a person or persons have the intention 12512 of remaining. Consideration shall be given to whether the person or persons residing thereon maintain another dwelling place, but whether or not another dwelling place is maintained shall not be determinative of whether the water craft is being used as a dwelling unit. Use of a water craft for more than a consecutive five (5) -day period as a residence or dwelling shall be prima facie evidence that such water craft is a dwelling as prohibited herein. (B) Transient craft shall be permitted to tie up, moor, or anchor in an area in the Corpus Christi Marina assigned by the Marina Supervisory Staff. The term "transient craft" herein shall mean visitors to the City by boat or by vehicle with a boat in tow. The transient craft owners, crews, or guests staying aboard such craft shall be permitted to remain for a period of five (5) consecutive days, provided a permit is obtained from the office of the Marina Supervisor designating said craft as a temporary dwelling for a period not to exceed five (5) consecutive days from date of issue, said permit to be displayed in such manner that it can readily be observed by the Marina Patrol craft; and provided all other rules and regulations of the Marina are obeyed. Said five (5) -day permit may be renewed one (1) time by the Marina Supervisor or his designated representative upon a clear showing by the "transient craft" that all rules and regulations of the marina have been complied with. (C) Regular slip tenants shall be permitted to stay aboard their craft while such craft is tied up, moored or anchored within the Marina at the approved assigned slips and provided a permit is obtained from the office of the Marina Supervisor designating said craft as a temporary dwelling for a period not to exceed five consecutive days from the date of issue, said permit to be displayed in such manner that it can readily be observed by the Marina Patrol craft; and further provided all -2- other rules and regulations of the Marina are obeyed. (D) No raw sewage, garbage, junk, waste, oil or any other substance whatsoever which might pollute or damage the aesthetics of the water quality shall be deposited or per- mitted to be deposited in the waters of the Corpus Christi Marina, its basins, fairways and anchorage areas. (E) No person or persons shall be permitted to use the land areas of the Corpus Christi Municipal Marina, the L- head and T- heads, or any other land area of the Corpus Christi Marina as a dwelling place for any length of time, whether the person or persons be in a vehicle, tent, any improvised shelter or without shelter. As defined herein, an overnight stay shall constitute using the land area as a dwelling place." SECTION 2. Publication shall be made one time in the official publication of the City of Corpus Christi, by publishing the caption of this ordinance, stating in substance the purpose of the ordinance. SECTION 3. 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 4. Any person, firm or corporation violating the terms and provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined in a sum not to exceed two hundred dollars ($200). That the foregoing ordinance was read for a first time and passed to its second reading on this the /9 ' day of , 19 %r, by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark That the foregoing ordinancevwas read fo the second time and passed to its third reading on this the °2 day of -ALL/ 19 %a , by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark That the foreg pg ordinanc was re d £o'�the hird time and passed finally on this the ��- day o£ , 19 % 3 , by the following vote ATTEST: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J: Howard Stark PASSED AND APPROVED, this the .eel �.S 2 ty Secretary APPROVED: 1' DAY OF ,1975: Acfl & City Attorney A" _ ' 19 TS/ .,d MAYOR l ro•Tem r' CITY OF CORPUS CHR �r.', TEXAS PUBLISHER'S AFFIDAVIT STATE OF TEXAS, L. County of Nueces. Before me, the undersigned, a Notary Public, this day personally came. ....... who being first duly sworn, according to law, says that he is the of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of NO. 12512... A probibiling....asa.in.a.t...11.ming aboard we,:ter craft, etc, of which the annexed is a true copy, was published in on day of 1 _Times. 13.5 R. Baker Class. Ad. Manager Subscribed and sworn to before me this.. Z. day of._ Pis rrtb._ 19... 7 Betty Myers Rotary PJbUc, Nu County, Texas ?A4U,11GG 0. 12512 FACT: ENDING R 9, ARTI- AADIVI CORP SAC ND£D.I3? D ING A NEW SECp ION 9d4- NG PROHIBITION NWAATER CRAFT SAID NEW SECTION PROHIBIT- ING We USE OP WATER CRAFT_ • 'AS A DWELLING IN THE COR- �PUS CHRISTI MARINA, AS DE- FINED HEREIN: AUTHORIZING TRANSIENT CRAFT TO REMAIN IN THE IRKS ((53 DAY .PERI- N, PR •VIDED CERTAIN RULES AND OWEREGULATIONS LL AS INERD HERE- - SLIP TENANTS REMAIN 6M BOARD WATER CRAFT FOR A -FIVE (5) DAY PERIOD, PROVID- ED t�RTAI�FUL�ESLAND OWED GA9