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Home My WebLink About028830 ORD - 11/09/2010Page P 1 of 5 ORDINANCE AMENDING SECTIONS 36-8 AND 36-10, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, TO PROHIBIT CAMPING ON THE BEACH, KNOWN AS EITHER "CORPUS CHRISTI BEACH" OR "NORTH BEACH," LOCATED ON LAND LEASED FROM THE GENERAL LAND OFFICE, MODIFYING THE CURFEW HOURS APPLICABLE TO IN CORPUS CHRISTI BEACH, DOLPHIN, AND SURFSIDE PARKS, AND ESTABLISHING A CURFEW ON PORTIONS OF "CORPUS CHRISTI BEACH" OR "NORTH BEACH" THAT ARE ADJACENT TO RESIDENTIAL PROPERTIES; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, the beach, known as either "Corpus Christi Beach" or "North Beach," which is located on land that is leased from the General Land Office, is being used as a campground by the homeless and visitors to the City; WHEREAS, the beach does not have the appropriate public facilities to support camping; WHEREAS, camping is generally restricted in City parks and other similar public locations throughout the City; WHEREAS, some beachgoers congregate on portions of the beach adjacent to private homes and residential condominiums late at night and during the early morning, and disturb the sleep of the local residents and generally are a public nuisance; WHEREAS, curfews have been established in City parks and other similar public locations throughout the City to provide for the peaceful enjoyment of adjacent neighborhoods; WHEREAS, the neighborhood adjacent to the beach has experienced in increase in crimes against property, individuals, and the good public order, due to the use of the beach by the homeless and by beachgoers, who use the beach late at night and during the early morning hours; and WHEREAS, the adoption of a curfew and prohibition on camping on the beach should reduce crime on the beach at nights and in the adjacent neighborhood; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 36-8(a)(5) is revised to read as follows: "Sec. 36-8. Regulation of camping and other activities in certain parks and public areas. "(a) Definitions. CC BEACH CURFEW -CAMPING ORD 10272011/DOC 028830 INDEXED Page 2 of 5 "(5) Corpus Christi Improvement District: The area consisting of Corpus Christi metes and bounds in article IX, section 29 of the City Charter Beach: The beach located on land leased from the Texas General Land Office, known as "Corpus Christi Beach" or "North Beach," including the adjacent Corpus Christi Beach Beachwalk. SECTION 2. Section 36-10, Code of Ordinances, is amended by revising subsection (c) and adding new subsections (d), (e), (f), and (g) to read as follows: "Sec. 36-10. Curfew; alcoholic beverages. "(c) Between the hours of 2:00 a.m. and 6:00 a.m., no person, except as specifically permitted by an ordinance permitting camping in particular city parks, and except for a city employee in performance of the employee's duties, shall enter or be present in any city bayfront park or parking lots connected therewith or adjacent thereto, excluding Cole Park, Corpus Christi Beach Park, Dolphin Park, Surfside Park, the Bayfront Arts and Science Park, Barge Dock, Peoples Street T -Head, Lawrence Street T -Head, and the L -Head. "(d) Between midnight and 5:00 a.m., no person may enter or be present in Corpus Christi Beach Park, Dolphin Park or Surfside Park or on the following portions of the beach located on land leased from the Texas General Land Office, known as "Corpus Christi Beach" or "North Beach," including any adjacent portions of the Corpus Christi Beach Beachwalk and adjacent parking lots: "BEING a tract of land containing 18 acres of land more of less out of a portion of Corpus Christi Beach, located in Corpus Christi, Nueces County, Texas. This 18 acre tract being more particularly described by metes and bounds as follows: "BEGINNING at a point at the southerly corner of Block A of the Brooklyn Addition as recorded in Volume 23, Page 14 of the Map Records of Nueces -Oounty—Texas; "THENCE N32°E along the southeasterly boundary line of said Block B and Blocks 18 - 23 and Block 385 of said Brooklyn Addition as recorded in Volume A, Page 32 of the Map Records of Nueces County, Texas, a distance of 2,850' to a point on the southerly corner of Block 387 of said Brooklyn Addition, being northwest corner of this tract; CC BEACH CURFEW -CAMPING ORD 10272010.DOC Page 3 of 5 "THENCE southeasterly parallel to the existing jetty, a distance of 400' more or less to a point, which is on the extension of the low water line to the south, being the northeast corner of this tract; "THENCE southwesterly meandering with said low water line, a distance of 2,870' more or less to a point on the southeasterly extension of said Block A, being southeast corner of this tract; "THENCE N58°W crossing Corpus Christi Beach a distance of 190' more or Tess to the point and place of beginning and containing 18 Acres of land more or less. "Bearing is with reference to plat of the Brooklyn Addition recorded in Volume A, Page 32 of the Map Records of Nueces County, Texas. "(e) The portion of beach that is restricted by the curfew in subsection (d) must be clearly marked with signs advising that the beach is closed between midnight and 5:00 a.m. The signs must be posted at the northern and southern limits of the restricted beach and at the point where each City street intersects with the beach. " ff' The following parks must be clearly marked with signs advising the hours during which a curfew applicable to the park is in effect: "(1) Corpus Christi Beach Park. "(2) Dolphin Park. "(3) Surfside Park. "(a) The restrictions in subsection (d) of this section do not apply to a city employee in performance of the employee's duties, a person permitted to engage in leisure and recreational activities who has been issued a permit for the activities at those hours by the Director of Parks and Recreation department, _ • •• SECTION 3. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1-6 of the City Code of ordinances. SECTION 4. 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 of this ordinance be given full force and effect for its purpose. CC BEACH CURFEW -CAMPING ORD 10272010.DOC Page4of5 SECTION 5. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. CC BEACH CURFEW -CAMPING ORD 10272010.DOC Page 4 of 4 That the foregoing ordinance was r- .d +r the first time and passed to its second , 2010, by the following vote: Priscilla Leal John E. Marez Nelda Martinez Mark Scott reading on this the .[0,—day of Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, S Kevin Kieschnick That the ,fpregoing ord* the day of Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, S Kevin Kieschnick as read for the second time and passed finally on this 2010, by the following vote: Priscilla Leal John E. Marez Nelda Martinez Mark Scott PASSED AND APPROVED, this 9-I4day of M Vapthe.A.i ATTEST: Armando Chapa City Secretary APPROVED: the 15th day of October, 2010: R. day f eining First Assistant City Attorney For City Attorney CC BEACH CURFEW ORD W -O ALCOHOL 09302010 , 2010. � Joe Ad elle Mayor 028830 EFFECTIVE DATE /7ovim/52eJD State of Texas County of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5954679 PO # Before me, the undersigned, a Notary Public, this day personally came GEORGIA LAWSON, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER, namely, 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, Kleberg, Live Oak, Nueces, Refugio, and San Patrick), Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. 02883 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 11/15/2010, 11/15/2010. $ 134.58 1Time(s) OAI• LEGAL SALES bEPRESENTIVE On this l 114‘day of Nt ,rnber , 2010 I certify that the attached document is a true and an exact copy made by publisher. GWENN J. MEDINA MY COMMISSION EXPIRES august 2, 2012 N. tary Public, State of Texas 4E» November15,2O10 H CALLER -TIMES Legal Notices 1110 NOTICE OF PASSAGE:OF ORDINANCE NO. 0218830 Ord. amending Secs. 36x8 ;end. 36=10, Code of Ordinances, City of 'Corpus Chris- ti, to:prohibit camping on:McGee:Beach and the Beach, •known as either "Corpus -Christi Beach .or "N.orth Beach,7 located on. land teasedifrom the General Land:' Office, Modifying -the bilrfew hours applicable to Corpus Ch-risti Beach, Dolphin, and Surfside Parks, and_ establishing a curfew on portions, of Corpus Chris:t! Beach" o.r. "North Beach" that are adja- cent. djacent: to: residential properties providing for. penalties;;for sev- erance; ewerance; and providing for publication.:This ord. was passed :& approved on Nov. 9, 2010. /s/Armando. Chapa City Secretary •