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Home My WebLink About024893 ORD - 05/28/2002 AN ORDINANCE AMENDING SECTION 12-45.1, CODE OF ORDINANCES, RELATING TO OCCUPANCY OF VESSELS IN THE MARINA; PROVIDING FOR SEVER- ANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 12-45.1, Code of Ordinances, is revised to read as follows: * * * * * * "Sec. 12-45.1. 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. A'S u'Sed herein, "elwclling" mean'S any water craft which i'S being u'Seel a'S a permanent abode or re'Sidence in which a "er3on or per'Son'S have the intention of r-cmaining. Con 'Sielcration 'Shall be gi'vcn to ',vhether the pcr'Son or per3on'S rc 'Siding thereon maintain another dwelling "lace, but whether or not another elwclling place i'S maintained 'Shall not be determina tivc of w'hethcr the water craft i'S being u'Sed a'S a d....elling unit. U'Sc of a water craft fer mor-c than a con'Secutive five day "eriod a3 a re'Sielence or d.....elling 'Shall be prima facie evidence that 'Such water craft i3 a dwelling a'S prohibited herein. "fQl As used in this section: (1) "Dwellina" means any water craft which is beina used as a permanent abode or residence in which a person or persons have the intention of remainina. Consideration will be aiven to whether the person or persons residina thereon maintain another dwellina place, but whether or not another dwellina place is maintained shall not be determinative of whether the water craft is beina used as a dwellina unit. (2) "Transient craft" means a vessel that does not occupv a boat slip in the city marina by virtue of anv contractual aareement with the citv or other authorized entitv. 024893 (3) "Transient slip" means anv marina boat slip occupied by a transient craft. "{Ql Use of a water craft other than a transient craft for more than fifteen days durinQ any calendar month as a dwellinQ is prohibited. "tb} fQl Transient craft shall be permitted to tie up, moor or anchor in an area in the Corpus Christi Marina assigned by the marina super- visory staff. The tcnT! "traRsicRt craft" hcrciR shall mcaR ...isitors to thc city by boat or by vchiclc with a boat iR to',v. Thc traRsicRt craft OWRcrs, crc'...s" or gucsts sta'y'iRg aboard such craft shall bc pcrmittcd to rcmaiR fer a "criod of fi'JC (5) cORsccutivc dais, providcd a pcrmit is obtaiRcd from the office 6f the mariRa supcrvisor dcsigRatiRg said craft as a tcm"orat). dwclliRg for a pcriod Rot to cxcccd fivc (5) COR sccutivc dais from datc of issuc, thc "crmit to be displaycd iR such maRRcr that it caR bc readily obscrved by the mariRa patrol craft aRd providcd all othcr rulcs aRd rcgulations of thc marina are obeycd. Said fi','c day pcrmit may bc rCRcwcd ORC timc by thc marina supcr visor 6r his dcsignatcd rcprescRtativc UpOR a clcar shm....iRg by thc "traRsicRt craft" that all rulcs aRd rcgulatioRs of thc mariRa ha'vc bccR complicd with. "@1 The transient craft's owners, crews or Quests may stay aboard the craft for a period of UP to sixtv (60) consecutive davs, provided: (1) a transient craft permit is obtained from the office of the marina superintendent desiQnatinq the craft as a temporary dwellinQ for a period not to exceed sixtv (60) consecutive davs from date of issue: (2) the transient craft permit is presented to citv staff upon re- quest: and (3) further provided the transient craft's owners, crews, and Quests comply with all other rules and reQulations of the marina durinq the transient craft permitted period. "ill A transient craft permit may be renewed one time durinQ any twelve month period by the marina superintendent or his desiQnated repre- sentative upon a clear showinQ bv the transient craft's owners, crews, or quests that all rules and reQulations of the marina have been com- plied with durinQ the previous transient craft permitted period. "l9l The violation of any applicable provision of this Code by the transient craft's owners, crews, or Quests durinQ a permitted period mav subiect the transient craft permit to immediate revocation bv the marina super- intendent. ..'_._~-- .....--.,.-- ----....-- "fe1 f.b.l6 R[egular slip tenants sRall be permittEd to may stay aboard #leif his/her craft while stteft the craft is tied up, moored or anchored within the marina at the approved assigned slips and provided~ ill a temporary stay aboard permit is obtained from the office of the marina supervisor superintendent designating saie the craft as a temporary dwelling for designated days not to exceed five (5J a total of fifteen (15) e6Flsecutive days durinq the calendar month from the datE of issue, specified in the permit; durinq anv calendar month the total stav aboard days shall not exceed a total of fifteen (15) davs: {21 saie the temporary stav aboard permit to be displayed iF1 sueR maFlFlcr tRat it caFl readily be observed by the mariF1a patfOl eF8ft is presented to city staff upon request; and ill further provided the reqular slip tenant complies with all other rules and regulations of the marina arc obeyed durinq the tem- porary stav aboard permitted period. "fd1 ill No raw sewage, garbage, junk, waste, oil or any other substance whatsoever which might pollute or damage the aesthetics or the water quality shall be deposited or permitted to be deposited in the waters of the Corpus Christi Marina, its basins, fairways and anchorage areas." "fe1 ill No person or persons shall be permitted to use the land areas of 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 ve- hicle, 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. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judg- ment 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 in- tent of the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. SECTION 3. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. That the foregoin~ordinance was read for the first time and passed to its second read- ing on this the ~ay of ~-'l6~ , 2002, by the following vote: Samuel L. Neal, Jr. Rex A. Kinnison That the f~egoing ordinance was read for the second time and passed finally on this the ()., S day of 1Yl ~ ' 2002, by the following vote: Sam".1 L Noal, J' ~RO' A, K'oo',oc Henry Garrett John Longoria ~ ~ JCO~ay of ~ CITY OF CORPUS CHRIS Henry Garrett Brent Chesney Javier D. Colmenero Bill Kelly Brent Chesney Javier D. Colmenero Bill Kelly PASSED AND APPROVED on this the ATTEST: BY:~ Armando Chapa, City Seer tary John Longoria Jesse Noyola Mark Scott Jesse Noyola Mark Scott =it * ,2002. APPROVED AS TO LEGAL FORM this J.;;I!! day of JAMES R. BRAY, JR., CITY ATTORNEY ~ ,2002, . 024893 PUBLISHER'S AFFIDAVIT State of Texas County of Nueces CITY OF CORPUS CHRISTI ss: Ad # 4209793 PO # Before me, the undersigned, a Notary Public, this day personally came Diana Hinojosa, who being first duly sworn, according to law, says that she is Credit Supervisor of the Corpus Christi Caller-Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on the World Wide Web on the Caller-Times Interactive on the 3RD day(s) of JUNE, 2002. Ont. N~. ooc~oqj $44.33 bLctI1.O- (fjUuo-;P.s~ Credit Supervisor 1WO (2 ) Time(s) Subscribed and sworn to me on the date of JUNE 04, 2002, ~O~tt /nama. ~C/7vJ Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. ~ ' ~---_.. --_. Corpus Christi Caller-Times, Monday. June 3, 20021 ..! NOTICE OF PASSAGE OF ORDINANCE NO. 024893 , Ordinance amending Section 12- 45.1, Code of Ordinances, relating to ?CCupancy of vessels In the marina. This ordinance was passed and approved by the City Councl! of the City of Corpus Christl on May 28. 2002; . Is! Armando Chapa City Socralary City of Corpus Ci1rtsti