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Home My WebLink About030784 ORD - 03/08/2016 1 ORDINANCE AMENDING THE CODE OF ORDINANCES SECTION 10-67 REGARDING CAMPFIRES ON GULF OF MEXICO BEACHES; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Code of Ordinances, Section 10-67 is revised. The deleted text is shown below in strike-through text, and the new text is shown below in underlined text. "Sec. 10-67. - Fires regulated. (a) As used in this section: (1) Campfire means a fire contained in a barbecue pit constructed and maintained by the city, or in a portable barbecue pit, or an open fire in a fire pit or on the ground, and is not larger than three (3) feet in any dimension. (b) No person may build, operate, or use a fire on any beach along the Gulf of Mexico unless in accordance with the provisions of this section. (c) A person may build, operate, or use a campfire on a beach along the Gulf of Mexico, onl _if the person complies with all of the following conditions.; (1) The campfire is at least fifty (50) two hundred and fifty ( 50) feet from any permanent structure, at least seventy-five (75) feet from any vegetation line or dune, and at least twenty-five (25) feet from any vehicle with combustible fueled.; and However, a campfire constructed adjacent to the Packery Channel rock jetties is not prohibited by this subsection, subject to compliance with all other conditions of this subsection and section. (2) The prevailing wind will not blow embers into or beyond the dunes. Any wind coming from between the easterly and southerly direction that exceeds twenty (20) miles per -. - - considered capable of blowing embers into and beyond the dunes. Embers from the campfire do not reach dune vegetation. -- . .. . . . -• - . - beyond the dunes. Any wind coming from between the easterly and southerly direction that exceeds twenty (20)miles per hour as reported by the National Weather Service at the Corpus Christi Airport is considered capable of blowing embers into and beyond the dunes. (3) The campfire is constructed with materials that only leave ashes or coal residue. The campfire may not be constructed with pallets, plastics, furniture, or any objects that leave metal or other hazardous residue. (d) All campfires must be extinguished when no longer in use. No hot embers may be left on or buried in the sand. Embers must be thoroughly doused with water and cool to the touch before the person who built the campfire leaves the site. " K:\ParkRec\SHARED\AGENDA ITEMS\Council Meetings\2016\2 February 23\16-0204 Campfire ordinance\Ordinance-Campfire Ordinance Update.docx 030784 INDEXED 2 (Ord.No. 24737, § 3, 1-22-2002) 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 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. SECTION 3. A violation of this ordinance or requirements implemented hereunder shall constitute an offense, punishable as provided in Section 10-97 of the City Code of Ordinances as amended, which currently reads as follows: "Sec. 10-97. - Penalties. (a) A person convicted of an offense for a violation of any provision of this chapter shall be fined not more than five hundred dollars($500.00). Each day any violation of this chapter shall continue shall constitute a separate offense. (b) Any person who violates either the Dune Protection Act, the Open Beaches Act, the regulations issued by the general land office under either act, or a permit or certificate condition is liable for a civil penalty of not less than fifty dollars ($50.00) nor more than one thousand dollars($1,000.00) per violation per day. Each day the violation occurs or continues constitutes a separate violation. Violations of the Dune Protection Act, the Open Beaches Act, and the rules adopted pursuant to those statutes are separate violations. The assessment of penalties under one (1) act does not preclude another assessment of penalties under the other act.Conversely,compliance with one(1)statute and the rules adopted thereunder does not preclude penalties under the other statute and the rules adopted pursuant to that statute." SECTION 4. 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. This ordinance takes effect upon publication. K:\ParkRec\SHARED\AGENDA ITEMS\Council Meetings\2016\2 February 23\16-0204 Campfire ordinance\Ordinance-Campfire Ordinance Update.docx 3 That the foregoing ordin was read for the first time and passed to its second reading on this the g,-)'d'ay of ,5Q hp_Lie 016, by the following vote: Nelda Martinez 1 . Brian Rosas �. Rudy Garza ,/ Lucy Rubio !; / ------e4—. Chad Magill •' / Mark Scott Colleen McIntyre I I Carolyn Vaughn ait... A,...,_ Lillian Riojas That theJQregoing ordinance was read for the second time and passed finally on this the �J `'day oft-din OYCk) , 2016, by the following vote: Nelda Martinez ,A,/ Brian Rosas Rudy Garza �! Lucy Rubio V Chad Magill I,, E Mark Scott 'd ? _1(4....2 Colleen McIntyre - Carolyn Vaughn -Liltiefi-Riotas- a C_ cu/11- • PASSED AND APPROVED, this the day jf-417tarCki, 2016. ATTEST: Ikebecca Huerta Nelda Martinez City Secretary Mayor EFFECTIVE DATE ____Iiii. --- K:\ParkRec\SHARED\AGENDA ITEMS\Council Meetings\2016\2 February 23\16-0204 Campfire ordinance\Ordinance-Campfire Ordinance Update.docx 030784 PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad# 985876 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 REPRESENATIVE 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 Patricio, Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE(S)NO which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times on: CC-Corpus Christi Caller-Times 03/14/16 Mon CC-Internet-caller.com 03/14/16 Mon LEGAL SALES REPRESENTATIVE On this 4;j3 day of , 21 l-1) I certify that the attached document is a true and exact copy made by publisher. Notary Public, State of Texas ��""' '• MICHELLE JOYCE CABRERA gig•'' •¢' '•.:: My Notary ID#124864183 rs "%' •4: Expires March 19,2020 4E»Monday, March 14,2016»CALLER-TIMES NOTICE OF PASSAGE OF ORDINANCE(S) NO. 030784, Ordinance Amending the Code of Ordinances Section 10-67 regarding campfires on Gulf of Mexico Beaches;and pro- viding for severance, pub- lication, penalties, and an effective date. These ordi- nances were passed and approved on second reading by the Corpus Christi City Council on March 8,2016. /s/Rebecca Huerta City Secretary