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HomeMy WebLinkAbout17099 ORD - 06/30/1982mb;6/30/82;3rd AN ORDINANCE AMENDING THE CITY CODE OF ORDINANCES, BY AMENDING CHAPTER 36, PARKS, RECREATION, CULTURAL AND LEISURE TIME ACTIVITIES, ARTICLE I, IN GENERAL, BY ADDING THERETO REGULATION OF CAMPING AND OTHER ACTIVITIES IN CERTAIN PARKS AND PUBLIC AREAS; PROVIDING FOR REPEAL; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION I. That the City Code of Ordinances be amended by amending Chapter 36, Parks, Recreation, Cultural and Leisure Time Activities, Article I, In General, by addition thereto the following provisions, to be designated Section 36-9, Regulation of Camping and Other Activities in Certain Parks and Public Areas: Section 36-9 Regulation of Camping and Other Activities in Certain Parks and Public Areas. A. Definitions. (I) Camping. Occupying a site as a dwelling place for any length of time, whether in a vehicle, tent or improvised shelter, sleeping bag or without a shelter. Occupation of a site under the circumstances above for more than two hours at any time during the period from midnight to sunrise shall be presumed to be overnight camping. (2) Campfires. Any open fire composed of any material in a fire pit or on the ground, except for those fires contained in a barbeque pit constructed and maintained by the City or in a portable barbeque pit or similar device designed for the preparation of food. (3) Person. Any individual or group of individuals. (4) Director. The Director of the City Parks and Recreation Department. (5) Corpus Christi Improvement District. The area consisting of Corpus Christi Beach and the downtown and uptown areas of Corpus Christi, described by metes and bounds in Article IX, Section 29 of the City Charter. (6) Nueces River Park - 36.8 -acre park,othe northeast corner of which is the intersection of the Nueces River and Interstate Highway 77, and which parkland lies between said Nueces River and Interstate Highway 77 17099 sgp 2, 8 1984 MailELMED north of the rock filled dam, as shown in the map attached hereto as Exhibit A. (7) Shoreline -Ocean Drive Parkway. All City owned or operated property commencing at and including the Bayfront Science Park; all of the Shoreline Boulevard right-of-way (including open spaces between the lanes) from the Corpus Christi Ship Channel until it merges with Ocean Drive and all City property between said Shoreline Boulevard and the waters of Corpus Christi Bay; all of the Ocean Drive right-of-way (including open spaces between the lanes) from its merger with Shoreline Boulevard to the north gate of the Naval Air Station and all City property between said Ocean Drive and the waters of Corpus Christi Bay and the Cayo del Oso; the foregoing to include, but not be limited to, the T and L Heads, the breakwater, the barge dock, Sherrill Park, McCaughn Park, McGee Beach, Cole Park, Ropes Park, Doddridge Park, Swantner Park, Palmetto Park, and Poenisch Park. (8) John F. Kennedy Memorial Causeway Recreation Area. Those coastal public lands described in Exhibits A, B and C to the lease agreement between the State Land Office and the City approved in Ordinance No. 15826 and in Exhibits A, B and C to the multiple use agreement between * the State Department of Highways and Public Transportation and the City approved in Ordinance No. 14767. B. Prohibition. Unless otherwise provided in this section, it shall be unlawful for any person to camp or to build, operate, or use a campfire in any of the publicly -owned areas described in subdivision A herein. C. Exceptions. The following exceptions are created to the prohibition in subdivision B: (1) A person may camp at Corpus Christi Beach Park located at the northernmost end of Corpus Christi Beach- only within- those areas designated by posted Signs for a period not to exceed three (3) consecutive days, nor to exceed 6 total days in any calendar month. (2) A person may camp overnight in the municipal parking lot adjacent to the Coliseum, Exposition Hall, and Bayfront Arts and Science Park, provided that the person is in a self-contained camping vehicle and is using the premises in conjunction with a lease of any such facilities. (3) A person may camp at Nueces River Park for a period not to exceed three (3) consecutive days, nor to exceed 6 total days in any calendar month. One extension of three (3) consecutive days to the original three (3) day period may be granted by the Director. • (4) A person may camp at the John F. Kennedy Memorial Causeway Recreation Area for a period not to exceed three (3) consecutive days, nor to exceed 6 total days in any calendar month. D. Park Regulation. The Director may enforce any time limitations on camping set out herein by such means as he deems necessary, including but not limited to observation of campers, posting of signs, institution of arrival and departure times, or creation of permit systems. The Director may prescribe rules governing camping, overnight use, or other use of the public areas described in this section or of any park in the City, including but not limited to, limitation of the number of campers and campsites, designation of areas in which camping will be permitted, limitation of the number of persons who may occupy a campsite, establishing the manner of accepting applications for camping permits, limitation of noise, prohibition of firearms, regulation of animals, and regulation of activities potentially inconsistent with the purposes of the park or public area. The Director shall have proprietary managerial authority over said parks and other public areas, and he or other City employees authorized by him may direct any individual to cease an activity inconsistent with the purposes of such parks or public areas or with the rights of other users, or may order such individual to leave the area. Such an order to leave will constitute revocation of the person's camping permit, if any. Any conduct which constitutes a violation of Texas law, an ordinance of this City, the rules promulgated by the Director, or a direction by the Director or other authorized City employee under this ordinance shall constitute grounds for expulsion from the park or public area. Any peace officer may arrest or issue a citation for a violation of state law or City ordinance committed in his presence in the areas described herein. All provisions of this ordinance, and any rules or directives by the Director, shall be applied equally and uniformly to all persons. Nothing herein shall be applied so as to violate any individual's right of free speech or expression under law. SECTION 2. This ordinance shall be effective from and after its final passage and publication. SECTION 3. 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 4. . All ordinances or part of ordinances in conflict herewith are hereby repealed to the extent of such conflicts. SECTION 5. 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 6. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for efficient utilization and control of the City's park and recreational areas, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this ordinance is passed and shall take 94ect upon first reading as an emergency this the ..30 day of ATTEST: , 1982. Cit Secretary MAYOR CORPUS CHRISTI, TEXAS THE CIT < APPROVED: 30----ciay of June, 1982: J. BRUCE AYCOCK, CITY ATTORNEY By cilliki.Lt ty Attorney ROCK FILLED DKIV1 SU -TE K1C. c(i. H. 31) I G-82. fx/1- "`' A Corpus Christi, as „. 30 day of ,...._ , 1982 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; 1/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it iq. introduced, or at the present meeting of the City Council. Respectfully, . Council Members Respectfully, MAY THE Y OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky 17099 CITY ONN108. 1:**. PUBLISHER'S AFFIDAVIT STATE OF TEXAS, County of Nueces. }ss: • Before me, the undersigned, a Notary Public, this day personally came LORRAINE MARTINEZ , who being first duly sworn, according to law, says that he is the ACCOUNTING CLERK 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 NOTICE OF PASSAGE OF ORDINANCE NO. 17099,... of which the annexed is a true copy, was published in on the. day of._.JULY consecutive one day THE CORPUS CHRISTI CALLER -TIMES 19....82., and once each Times. 29.70 LORRAINE MARTINEZA&M S- n4aCC0UNTING CLERK Subscribed and sworn to before me this "" day of JULY day thereaftrr for one EUGENIA S. CORTEZ Notary Public, Nueces C nty, Texas 19 132 j NOTICE OF PASSAGE .OF ORENNANCE-NO. AMENDINT9I'VE CITY CODE OF ORD'INANCYE, BV AMENDING CHAPTER I IPEIri EEPNkPURLa _E‘FTVIESA&TICLE l,NGENERALEADDING THERETO REGW/ LATION FOR CAMPI ANDINEORTTFAIE PARKSACI VI T I Eft/ PUBLIC AREAS; OV ING FOR -REPEA1.4--PR - VALlaNG FOR SEVE PUB L (CATION M GEN E rN;R• FOR CLAR1NG AN D D as passed and approved by e City.Council of the Cty9. Corpus Christl,"Texas on' e 30th day of June, 1982. T full text of said ordinance isj available to the public In thel Office of the City Secretary J • -543111 G. Re.tai, I City Secretar Cerpus;Chr.IxSa