HomeMy WebLinkAbout032158 DEC - 07/15/2020 City Order authorizing Closure of Beaches and Parks to
Vehicles and Requiring Activity while on North Beach or
McGee Beach
This declaration and order implementing emergency powers is issued pursuant to Texas Government Code Chapter
418 (including, but not limited to Texas Government Code § 418.108 and authority to control ingress, egress,
movement, and premises' occupancy), and the Mayoral Declaration of a Local State of Disaster Due to a Public
Health Emergency and Section 16-4 of the City of Corpus Christi Code of Ordinances [City Code] (authorizing the
presiding officer of the City, in the interest of public health, safety, and welfare, subject to confirmation or
revocation by the City Council, to issue proclamations,orders, or regulations,which shall have the force and effect
of law). In accordance with said Chapter, Declarations, and City Code, the Mayor hereby finds and orders as
follows:
WHEREAS, pursuant to Texas Government Code Section 418.108, the Mayor issued a Declaration of Local
Disaster for Public Health Emergency, due to a novel coronavirus now designated SARS-CoV2 which causes the
disease COVID-19,and the City Council extended that Declaration of Local Disaster for Public Health Emergency;
WHEREAS, the County Judge and Mayor have issued several Orders since the extension of the Disaster
Declaration under the authority of Section 418(g) of the Texas Government Code that authorizes the Mayor to
control ingress and egress to and from a disaster area and the movement of persons and the occupancy of premises
in the area;"
WHEREAS, the Governor of Texas, Greg Abbott, issued Executive Order GA-28 ("Governor Abbott's Order")
relating to the expanded reopening of services, and the transmission of COVID-19 remains a significant threat to
the health and safety of the residents of City of Corpus Christi:
WHEREAS, the Mayor has determined that the restrictions on vehicular access herein are for public necessity, a
public health and safety emergency, are limited to the smallest possible area and for the shortest possible duration,
and are therefore in compliance with Article X, Section 4 of the City Charter and provisions of the City Code of
ordinances,31 TAC § 15.7, Texas Natural Resource Code Chapter 61,Texas Constitution Article 1 § 33,and other
Texas laws, regulations, and executive actions;
WHEREAS, the Mayor has determined that extraordinary emergency measures must be taken to mitigate the
effects of this public health emergency and facilitate a response to the public health threat, and after on-going
evaluation of circumstances related to the coronavirus, the updated recommendation of the Centers for Disease
Control, and the Texas Department of State Health Services warrant this further Order.
NOW THEREFORE,UNDER THE AUTHORITY OF TEXAS GOVERNMENT CODE SECTION 418.108
AND SECTION 16-4 OF THE CITY CODE,THE MAYOR ORDERS:
Effective upon execution and continuing until August 1,2020 at 6:00 a.m. or the date it is rescinded, superseded,
or amended pursuant to applicable law:
I. Temporary Beach Curfew. All beaches within the geographic boundaries of Corpus Christi are subject to
a curfew from 8:30 p.m. to 6:00 a.m.
2. Temporary Limitation on Vehicle Access to Beaches and Parks.Beaches and parks and portions thereof
with vehicular access points will be closed to the extent directed by barricades and signs placed at the
vehicular access points. This vehicular access restriction is inclusive of golf carts and all-terrain vehicles.
Pedestrian access to the beaches and parks is permitted. Golf carts, as defined by Texas Transportation
Code § 551 401, displaying a disabled parking placard will be allowed on the beach to the extent being
operated by or for a disabled veteran or person with physical disability, and access points to the beach will
be specifically designated for this purpose.
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. 3. No Camping-Type Activities on North Beach and McGee Beach. After placement of signs prohibiting
- said activities:
a. No person shall erect a tent or other enclosure on North Beach or McGee Beach.
b. No person shall emplace or occupy a chair on North Beach or McGee Beach.
c. No person shall lie down,eat, sit, or sleep on North Beach or McGee Beach.
d. It shall be an affirmative defense to prosecution for violation of this provision that the person
occupying or emplacing a chair, lying down, sitting, eating or sleeping was:
i. Having a medical emergency,
ii. Accommodating a disability, or
iii. Actively engaged in a physical activity, such as walking, running, biking, yoga, water
sports, fishing, or other physical exercise.
e. For purposes of this subsection:
i. North Beach is defined as the beach area located on land leased from the Texas General
Land Office, known as "Corpus Christi Beach" or"North Beach."
ii. McGee Beach is defined as the beach area bounded by the seawall along old South
Shoreline Boulevard, Corpus Christi Bay, the Corpus Christi Marina breakwater, and an
eastward extension of Buford Street to Corpus Christi Bay.
4. Penalties. Violation of any provision of this order is punishable by a fine of up to $500 per violation or
separate day of violation pursuant to Section 16-8 of the City Code.
5. Publicity& Severability.The City will provide copies of this Order by posting on the City website. If any
subsection, sentence, clause, phrase, or word of this Order or any application of it to any person, structure,
gathering, or circumstance is held to be invalid or unconstitutional by a decision of a court of competent
jurisdiction, then such decision will not affect the validity of the remaining portions or applications of this
Order.
ORDERED this the 15,,,day of %IV , 2020.;di
omb, Mayor
ATTEST: APPROVED TO FORM:
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Reb cca Huerta, City Secretary Iles K. Risley,City Attorne
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L:\Legal\SHARED\Admin Projects\2020\2020-004 Coronavirus Emergency Actions\City Order Limiting Beach,and Park Access 7-15-20.doa
032158