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HomeMy WebLinkAbout13374 ORD - 09/08/1976JKH:hb:8 /24/76:lst AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF COR- CHRISTI, 1976 REVISION, BY AMENDING CHAPTER 12 BOATS, BAYS AND WATERWAYS, ARTICLE III. MIS- CELLANEOUS REGULATIONS ON LAKE CORPUS CHRISTI AND OTHER BODIES OF WATER DISCHARGING INTO NUECES RIVER, BY AMENDING SECTIONS 12 -90, 12- 91, 12 -93, 12 -94, 12 -96 AND 12 -97; ADDING A NEW SECTION TO BE NUMBERED 12 -106, TO PROVIDE FOR ENFORCEMENT OF THE PROVISIONS OF SAID REG- ULATIONS; PROVIDING FOR PENALTIES FOR VIOLATIONS; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CON- FLICT HEREWITH; AND PROVIDING A SAVINGS CLAUSE. WHEREAS, the City of Corpus Christi is the owner and operator of a waterworks system for the supply of water to the inhabitants and industries of the City of Corpus Christi and surrounding area; and N WHEREAS, the City of Corpus Christi is the owner of all permits for the impounding of water on the Nueces River under which permits the Wesley Seale Dam has been con- structed at a point approximately 5 miles south of Mathis and San Patricio"County, Texas, and thereby creating a reservoir known as Lake Corpus Christi as a part of its municipal water- works and water supply system; and WHEREAS, the Lower Nueces River Water Supply District owns easements over lands located within the reservoir basin below the 94 -foot contour solely for the purpose of storing water to be used for recreation, domestic and industrial e purposes; and WHEREAS, the City of Corpus Christi is the owner of permits permitting and authorizing the use of the bed and banks of the Nueces River for the conduit of water from said Lake Corpus Christi to the water treatment plant and pumping station at Calallen, Texas; and WHEREAS, it is necessary for the health and safety of consumers of water and'protection of the public who might desire to use the said Lake and /or Nueces River for recreation, 133'74 JUN 3 0-t domestic and industrial purposes to regulate the use of said Lake and stream and prohibit practices which might prove un- healthy or unsafe and which might reasonably interfere with the use of such Lake for its intended purposes, or which might tend to contaminate the water supply of the City of Corpus Christi: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI; TEXAS: SECTION 1. That the Code of Ordinances, City of Corpus Christi, 1976 Revision, be and the same is hereby amended by amending Chapter 12 Boats, Bays and Waterways, Article III. Miscellaneous Regulations on Lake Corpus Christi and Other Bodies of Water Discharging into Nueces River, by amending Sections 12 -90, 12 -91, 12 -93, 12 -94, 12 -96, and 12- 97, to hereafter read as follows: "Section 12 -90. DEFINITIONS AND GENERAL PROVISIONS: The term "person" includes any individual, firm, partnership, corporation, company, association, joint stock association, or body politic, except the United States and the State of Texas and includes any agent, trustee, executor, receiver, assignee, or other similar representative thereof. The term "watercraft" means any contrivance used or designed for navigation on water. The term "sailboat" means any watercraft propelled by sail or canvas. For the purposes of this Article, any watercraft propelled by both sail or canvas and machinery of any sort shall be deemed a motorboat when being so pro- pelled." "Section 12 -91. SCOPE OF ARTICLE: This Article shall cover the water reservoir herein - above mentioned and herein referred to as Lake Corpus Christi or stream, and including the bed and banks of the Nueces River from the Lake to the Water Treatment Plant as well as -2- the Creeks or streams discharging into said Nueces River so as to prevent any discharge into said Lake or river of any sub- stance which might affect the health of persons using such water, and further, to prevent the existence of any dangerous or unhealthful conditions by persons using the said Lake or stream." "Section 12 -93. ACTIVITIES PROHIBITED IN CERTAIN AREAS; MARKING OF SUCH AREAS: No swimming, fishing, boating, hunting, picnicking, or other recreational activities will be permitted between Wesley Seale Dam upstream to within 50 feet of the center line of the Old Corpus Christi Dam or within a radius of fifty (50) feet of any buoy. All restricted zones will be kept plainly marked by the City of Corpus Christi at all times." "Section 12 -94. SANITATION AND SEWAGE DISPOSAL REQUIREMENTS GENERALLY: (a) No outdoor privies, septic tanks,,or septic tank drain fields will hereafter be permitted to be constructed around Lake Corpus Christi within 75 feet measured along the ground surface from elevation 94 feet mean sea level or within 75 feet of either bank of the Nueces River between Wesley Seale Dam and the Calallen Dam. (b) All habitations along the marginal lands adjacent to Lake Corpus Christi shall be provided with a septic tank having sufficient and properly constructed subsurface disposal systems or shall be connected to a-public sewage system, and shall have approved type toilets. All septic tank systems and toilets shall be constructed and installed in accordance with plans and specifications approved by the Texas State Department of Health Resources. (c) Pit privies are prohibited within 100 feet as measured along the ground surface from the maximum high =3- water mark of Lake Corpus Christi and the Nueces River between Wesley Seale Dam and the Calallen Dam. Privies other than those heretofore constructed must be approved by the Texas State Department of Health Resources. Privies at the time of erection must meet the following design, or the latest revision thereof: (1) The pit must be three and one -half feet wide, three and one -half feet long, five feet deep (measured from the highest point of the pit bottom to the highest point on the original ground surface), covered with either a concrete slab or metal plate, or their equivalent, and so located and constructed that no surface water will enter the pit by drainage or seepage or any other manner. (2) The entire structure must be fly proof. (d) There shall be approved separate toilet facil- ities for both sexes at commercial docks. (e) No discharge of any liquid or other waste material by any industry, governmental agency, person, firm, corporation or manufacturing plant shall be made into the Lake, the Nueces River, its tributaries or any creek or other stream discharging into the Nueces River from the headwaters of the City's reservoirs downstream without first securing the approval of the State or Federal agency having jurisdiction over such discharges. (f) No dead animal, or any part thereof, fish, decayed vegetables, food, ashes, garbage, offal, rubbish or filth of any kind by which its decay or putrefaction could or would become offensive, shall be placed or permitted to be placed or situated in such a manner that it might drain into the water impounded in the City's reservoirs of the Nueces River that is being used to transport water from the reservoir to the Water Treatment Plant at Calallen. (g) No person shall construct, place or maintain any filled area, enclosed structure, building, tank, fence, -4- roadway or other improvement to real property on lands owned or used by the Lower Nueces River Water Supply District to store water at Lake Corpus Christi or over which the District has obtained flood easements and on which taxes are not paid by the District by virtue of the type use made of the land. (h) No facility or structure of any kind shall be placed, constructed or erected within Lake Corpus Christi at any time without first obtaining a permit therefor from the City of Corpus Christi and the Lower Nueces River Water Supply District. Applications for such permits shall be filed with the Water Superintendent of the City of Corpus Christi. Before such a permit is issued hereunder, it must be first determined by the City and the District that the proposed facility or structure will not violate any ordinance, easement, governmental rule or regulation and that the same will not constitute a menace to navigation or to persons or property of others. At the time the permit is requested the applicant must agree to bind himself as well as the future owners of the land upon which such facility or structure is to be erected to repair or remove the same if requested to do so by the City or the District. (i) Only temporary docking facilities or structures may be constructed or placed within Lake Corpus Christi and these shall be limited to boat docks, ramps, slips and piers. All piers and other docking facilities and structures shall remain open with no enclosure over or around the same and they shall never be designed nor altered in such a way as to serve as a dwelling of any kind. Piers shall consist of uncovered walkways or pilings of wood, metal or concrete and they may be lighted and they may be equipped with mooring facilities. (j) Except as otherwise provided herein, any use of a facility or structure within Lake Corpus Christi legally existing at the effective date of this ordinance may be -5- continued as a nonconforming use although such use does not conform to the other provisions hereof, provided however that the right to continue such use as a nonconforming one shall cease after a period of ten (10) years following the adoption of this resolution by the Board and the City Council. In the event the use ceases to exist or is abandoned for a period of one (1) year, or if the same is damaged by any cause what- soever to the extent of more than fifty percent (508) of the physical reproduction cost of the structure or facility immediately prior to damage, then the same shall not be con- tinued nor restored except in conformity with all of the requirements of this ordinance and with other applicable regu- lations. Nothing to the contrary withstanding, the casual, intermittent, temporary or illegal use of land, facilities or structures shall never be sufficient to establish the existence of a nonconforming use, and the existence of a non- conforming use on the part of a tract, lot, facility or struc- ture shall not be construed to establish a nonconforming use on the entire tract, lot, facility or structure. (k) Those persons planning to accomplish improve- ments within Lake Corpus Christi, whether the same involves dredging, discharging of dredged or fill material, erection of piers, docks, boat ramps or slips, are reminded that in addition to obtaining a permit therefor from the City of Corpus Christi and the Lower Nueces River Water Supply District, it may be necessary to obtain a permit from the United States Corps of Engineers, 2000 North Shoreline, Corpus Christi, Texas, 78401." "Section 12 -96. HOUSEBOATS, ETC., PROHIBITED ON LAKE CORPUS CHRISTI: It shall be unlawful for any person to use or operate on Lake Corpus Christi any boat, raft or other floating device having overnight accommodations or toilet facilities. -6- Houseboats and floating cabins are not permitted on the Lake." "Section 12 -97. RULES AND REGULATIONS FOR OPERATION OF WATERCRAFT GENERALLY: (a) Any person who shall operate any watercraft on the Lake beyond 300 feet from the water's edge in a careless or heedless manner so as to be grossly indifferent to the person or property of other persons, or at a rate of speed greater than will permit him in the exercise of reasonable care to bring the watercraft to a stop within the assured clear dis- tance ahead, shall be guilty of the crime of careless operation. Watercraft being operated within a distance of 300 feet from the water's edge shall be operated at speeds not to exceed eight (8) miles per hour. (b) Any person who shall operate any watercraft in such a manner as to endanger the life or limb, or damage the property of any such person, shall be guilty of the crime of reckless operation. (c) No person shall operate any watercraft in a manner which shall unreasonably or unnecessarily interfere with other watercraft or with the free and proper navigation of the waterways of the State. Anchoring under bridges or in heavily traveled channels shall constitute such interference if unreasonable under the prevailing circumstances. (d) It shall be unlawful for the owner of any watercraft or any person having such in charge or control to authorize or knowingly permit the same to be operated by any person who by reason of physical or mental disability is incat)able of operating such watercraft under the prevailing circumstances. (e) The operator of any watercraft involved in an accident resulting in injury or death to any person, or in serious damage to property, shall immediately stop such watercraft at the scene of such accident and shall give his MG name, address, the name and /or number of his watercraft, and the name and address of the owner, to the person struck or the operator or occupants of the watercraft collided with or proper- ty damaged, and shall render to any person injured in such accident reasonable assistance, and shall properly and promptly report such accident to the nearest and most convenient law enforcement agency or office. (f) No watercraft shall be loaded with passengers or cargo beyond its safe carrying capacity, taking into con- sideration weather and other existing operating conditions. (g) No watercraft shall be equipped with any motor or other propulsion machinery beyond its safe power capacity, taking into consideration the type and construction of such watercraft and other existing operating conditions. (h) No person operating a motorboat of 26 feet or less in length shall allow any person to ride or sit on either the starboard or port gunwales thereof or on the deck- ing over the bow of the vessel while underway unless such motorboat is provided with adequate guards or railing to prevent passengers from falling o8rerboard. Nothing in this section shall be construed to mean that passengers or other persons aboard a motorboat cannot occupy the decking over the bow of the boat to moor the watercraft to a mooring buoy or to cast off from such a buoy, or for any other necessary purposes. (i) No person shall operate a watercraft within a water area which has been marked by buoys or some other dis- tinguishing device as a bathing, swimming or otherwise re- stricted area; provided, that this section shall not apply to official patrol or rescue craft. (j) No motorboat which shall have in tow or shall be otherwise assisting a person on water skis, surfboard or similar contrivance, shall be operated or propelled -8- in or upon any waterway, unless such motorboat shall be occupied by at least two competent persons; provided, that this subsection shall not apply to motorboats used by rep- resentatives of duly constituted water ski schools in the giving of instruction, or to motorboats used in duly authorized water ski tournaments, competitions, expositions, or trials therefor. (k) No motorboat shall have in tow or otherwise be assisting a person on water skis, surfboard or similar contrivance from,the period of one hour after sunset to one hour prior to sunrise; provided, that this subsection shall not apply to motorboats used in duly authorized ski tourna- ments, competitions, expositions, or trials therefor. (1) All motorboats having in tow or otherwise assisting a person on water skis, surfboard or similar con- trivance shall be operated in a careful and prudent manner not less than 300 feet from the water's edge and at a reason- able distance from persons or property so as not to endanger the life or property of any person." SECTION 2. That there is hereby added to said Article III of Chapter 12, a new section to be numbered 12 -106, to hereafter read as follows: "Section 12 -106. ENFORCEMENT OF MISCELLANEOUS WDIC101R4µ{01k�F'A It shall be the duty of all peace officers of this State and all political subdivisions thereof and designated City of Corpus Christi employees to enforce the provisions of this Act." SECTION 3. Any person, firm or corporation vio- lating 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). WE SECTION 4. That all ordinances or parts of ordinances in conflict herewith shall be and are hereby repealed to the extent of conflict herewith. SECTION 5. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this or- dinance 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, para- graph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. THAT THE FOREGOING ORDINANCE WAS READ F THE FIRST TIME AD PASSED TO ITS SECOND READING ON THIS THE ash DAY OF , �9 BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THAT THE FOREGOING ORDINANCE WAS READ F T E SECOND TIME A�NJ/.� PASSED TO ITS THIRD READING ON -THIS THE -/&-- OF �� �g.Lf2 BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THAT THE FO EG ING ORD FINALLY ON THIS THE DAY JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE PASSED AND APPROVED, T 1 PASSED .OWING VOTE: 9d ATTEST: C TY SECRETARY MAYOR THE CITY OF CORPUS CHRISTI, TEXAS V AP ED- DAY OF 04TIM40 _ 19 • P'lElo" 6SST,,,C 1TY ATTORNEY PUBLISHER'S AFFIDAVIT c- - STATE OF TEXAS, 1ss: County of Nueces. J ' Before me, the undersigned, a Notary Public, this day personally came ....... ........................... j Rowena C. Velasquez .... - - -, who being first duly sworn, according to law, says that he is the A. r. co mn. tng .............................. .............................. 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 �g- a[ s;-,-;- IyQTx�E- _Q,j;._],?p,,$$,p�•C,aE_OF ORDINAIVCE,NO.,, - -[ 3374 :_- :- AMENDING•_THE- _CODE_ORDI- NANCES, CITY OF C. C., 1976 REVISION..... . of which the annexed is a true copy, was published in ---- ..7 ................. .Cd [.[s.x: -T7 C3ze s.---.------ ...-- .................... on the.....?.. day of. Sgpt&mbpr: _.......19...:1.6 Radx= Kx= k ........................... thexea ............................ defAZ ttt3i ----------------------------------- .................... ............ L .................. Times. Y 11 f $ ,21a 2Q... - ..- - - - - -- . \...... . �;T Rowena C. Ve .... of- 19 7.6.... - Eugenia S. Corte$.......... - .. . ... .... ... .`��...... -_ .........-._.....................-- Notary Pu7lic, Nueces County, Texas NOTICE OF PASSAGE OF ~ { ORDINANCE NO. AMENDING THE CODE OF ORDINANCES,- -CITY - OF CORPUS CHRISTI, 1976 REVI• TER 12 BOATS N BAYS, PAND WATERWAYS, ARTICLE 111. MISCELLANEOUS REGU= LATIONS ON LAKE CORPUS CHRISTI AND OTHER BODIES OF WATER DIS• CHARGING INTO NUECES RIVER, BY AMENDING SEC. IONS 12-90, 12-91, 12-93, 12-9y 12-96 AND 12-97; ADDING A EW SECTION TO BE BERED 12 -106, TO OVIDE FOR ENFORCEMENT OF THE PROVISIONS OF SAID REGULATIONS; PROVID- ING FOR PENALTIES FOR VIOLATIONS; PROVIDING ' FOR REPEAL OF ALL ORDI- NANCES IN CONFLICT HEREWITH; AND'PROVll - ING A SAVINGS CLAUSE. WAS PASSED AND APPROV• EO by the CITY Council of the City of Corpus Christi, Texas, tluring the Regular Council Meet ln held on September 14 1976, at and provides that if shall to effect from and after 11s passage and pub- hcatlon I ne time in the oHiUal publication of fha City Of Corpus Christi, Texas ISSUED UNDER MY HAND AND SEAL of the Cl ty of Cot• Pus Christi, texas this 9th day of September, 1976 (s)BIII G. Read City Secretary City of Corpus Cm it Texas w f 1 4/'