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Home My WebLink About026816 ORD - 06/06/2006Page 1 of 4 AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE OF ORDINANCES, CHAPTER 12 - BOATS, BAYS AND WATERWAYS, ARTICLE III - MARINA, SECTION 12 -46 - PROHIBITION AGAINST LIVING ABOARD WATER CRAFT, BY CHANGING "PROHIBITION AGAINST" TO "POLICY REGULATING" AND DIRECTING MARINA SUPERINTENDENT TO ADOPT A LIVE ABOARD POLICY AND LIMITING THE PROHIBITION TO "EXCEPT AS AUTHORIZED BY THE POLICY "; PROVIDING FOR PENALTIES UNDER SECTION 1 -6, CITY CODE OF ORDINANCES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The Corpus Christi City Code Of Ordinances, Chapter 12 — Boats, Bays and Waterways, Article III — Marina, Section 12 -46 — Prohibition against living aboard water craft, is amended by changing the "prohibition" to "policy regulating" and directing the Marina Superintendent to adopt a Live Aboard Policy regulating living aboard water craft, and limiting the prohibition to "except as authorized by the policy ", to read as follows "Chapter 12 - BOATS, BAYS AND WATERWAYS "ARTICLE III - MARINA "Sec. 12 -46. Policy regulating living aboard water craft. (a) The Marina Superintendent shall adopt and administer a Live Aboard Policy regulating living aboard water craft at the Marina. (b) (a) Except as authorized by the Live Aboard Policy, no No water craft whatsoever that which is being used by the persons aboard as a dwelling unit shall be permitted to moor, tie up or anchor within the marina, its basins, fairways, and anchorage areas, as these such areas are defined and described in the United States Corps of Engineers geodetic chart and map of said areas. (c) (b) As used in this section: Dwelling means any water craft that which is being used as a permanent abode or residence in which a person or persons have the intention of remaining. Consideration will be given to whether the person or persons residing thereon maintain another C (Dny e.,. )6 ORD2003 ; .Oa inarc es 06 r?30DCAc?ptLiv Aborc Policy Re%. 12.46.Ord doc Page 2 of 4 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. Transient craft means a vessel that does not occupy a boat slip in the city marina by virtue of any contractual agreement with the city or other authorized entity. Transient slip means any marina boat slip occupied by a transient craft. (d) (c) Except as authorized by the Live Aboard Policy, use Use of a water craft other than a transient craft for more than fifteen (15) days during any calendar month as a dwelling is prohibited. (e) (d) Transient craft shall be permitted to tie up, moor or anchor in an area in the marina assigned by the marina supervisory staff. (f) (e) The transient craft's owners, crews or guests may stay aboard the craft for a period of up to sixty (60) consecutive days, provided: (1) A transient craft permit is obtained from the office of the marina superintendent designating the craft as a temporary dwelling for a period not to exceed sixty (60) consecutive days from date of issue. (2) The transient craft permit is presented to city staff upon request; and 3) Further provided the transient craft's owners, crews, and guests comply with all other rules and regulations of the marina during the transient craft permitted period. (q) (f) A transient craft permit may be renewed one time during any twelve -month period by the marina superintendent or his designated representative upon a clear showing by the transient craft's owners, crews, or guests that all rules and regulations of the marina have been complied with during the previous transient craft permitted period. ( h) (g) The violation of any applicable provision of this Code by the transient craft's owners, crews, or guests during a permitted period may subject the transient craft permit to immediate revocation by the marina superintendent. (i) (h) A regular slip tenant may stay aboard his /her craft while the craft is tied up, moored or anchored within the marina at the approved assigned slip provided: 1) A temporary stay aboard permit is obtained from the office of the marina superintendent designating the craft as a temporary dwelling for designated days not to exceed a total of fifteen ( 15) days during the calendar month specified in the permit; during any calendar month the total stay aboard days shall not exceed a total of fifteen 15) days. (2) The temporary stay aboard permit is presented to city staff upon request; and C 1: Dovle.0: Jh,ORD20O3.06 Ord.nanc_esli 6 C., OD, AdcotLiv Abord °otics Pe, 12 .46 Ord do, Page 3 of 4 ( 3) Further provided the regular slip tenant complies with all other rules and regulations of the marina during the temporary stay aboard permitted period. (i) (1) No raw sewage, garbage, junk, waste, oil or any other substance whatsoever that might pollute or damage the aesthetics or the water quality shall be deposited or permitted to be deposited in the waters of the marina, its basins, fairways and anchorage areas. (k) (j) 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 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. It is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word and provision of this ordinance shall be given full force and effect for its purpose. Therefore. if 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. SECTION 3. Violation of this ordinance or requirements implemented under this ordinance shall be punished under Section 1 -6 of the City Code of Ordinances. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter This ordinance shall be effective upon publication. Doyle .0i O' ORD2003.0e'Ordinanc es u6 (U33QDC AdoptLiv Abord policy Rea 12 .46 Ord doc • Page 4 of 4 The @ g ordinance as read for the first time and passed to its second reading on this th ay of /u- -, 2006, by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia William Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott The fbregoI ordinance was read for the second time and passed finally on this the , 2006, by the following vote: Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott etk. clay of Henry Garrett Brent Chesney Melody Cooper Jerry Garcia WilliaNrn Keay PASD MID APPROVED on the ATTIST: Armando Chapa City Secretary APP OVED 30 March 2006 Doyle D. Curtis Chief; Administrative Law Section Senior Assistant City Attorney For City Attorney ‘01''-day of C' VDoyle. 03. 061ORD200.. 06\ Ordinanc .es \06.033oD0AdoptLiv.Abord Policy Rev 12.46.Ord.doc CITY Hen Mayor , 2006 ORPUS RISTI arrett 7 l2 S 16 OWOC11YE oY1TE fhI°(° State of Texas County of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 5500223 PO# Before me, the undersigned, a Notary Public, this day personally came Sandra Orum.. who being first duly sworn, according to law, says that she is Legal Sales Representative 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 Wei-, on the (Taller-Times Interactive on the 12TH day(s) of JUNE. 2006. $138.40 Gittiet.J Legal Sales Representative TWO (2 ) Time(s) Subscribed and sworn to me on the date of 1ILlu Notary Public, Nueces County, Texas Michelle Cabrera Print or Type Name of Notary Public My commission expires on March 19, 2008. 41 MICHELLE JOYCE CABRERA wt PY COMMISSION EXPIRES March 19, 2008 CALLER- TIMES• 1;' 006•Monday• 11F NOTICE OF PASSAGE OF ORDINANCE NO. 026816 Amending the Corpus Christi City Code of Ordinances, Chapter 12 - Boats, Bays and Waterways, Article III - Marina Amending the Corpus Christi City Code of Ordinances, Chapter 12 - Boats, Bays and Waterways, Article III - Marina, Section 12 -46 - Prohibition against living aboard water craft, by changing "Prohibition against" to "Policy regulating" and directing Marina Superintendent to adopt a live aboard policy and limiting the prohibition to "Except as authorized by the Policy'; providing for penalties under Section 1-6, Cly Code of OrdinancaS. This ordinance was passed and approved by the City Council of the City of Corpus Christi on its Second Reading on June 6, 2006 /s/ Armand Chaps Cky City of Comte Ch rw.