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104 Regular Meeting April 14, 1997- Page 7 AND DELEGATING AUTHORITY TO SET CERTAIN PARK USE FEES TO THE CITY MANAGER OR PARKS AND RECREATION DIRECTOR, BY AMENDING CHAPTERS 6- ANIMALS AND 58- PUBLIC FACILITIES, PARKS AND RECREATION, SECTIONS 58.026, 58.030, 58.032, 58.036 AND ADDING SECTIONS 6.012, 58.037, 58.038, 58.039, 58.040, AND 58.070; INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING FOR PENALTIES. Mr. Cox moved for adoption of the Ordinance on first reading and Ms. Hughson seconded the motion. Ms. Hughson asked about Sec. 6.012 (a) whether it was unlawful on city property only or anywhere in the City limits. Mr. Cobb stated only on City property. Mr. Gutierrez stated as written it was anywhere in the City. Mr. Cobb stated the Advisory Board was under the impression of only City public and City owned land. Mr. Hart stated that direction could be given on second reading to amend the ordinance for it to state City property only. Ms. Hughson also questioned Sec. 58.030(a.3). Ms. Hughson stated the way it was written all these things had to be true, so does that mean if someone is nude and not being reckless, it is legal. Ms. Hughson stated the way it is written, it was. Mr. Taylor stated this sentence reiterates State law and under state law it should meet both or else you are legal. Mr. Taylor stated you can be nude but if you are not reckless, you are okay. Mr. Taylor stated the City can be more restrictive. Ms. Hughson stated this section needed to be more strict. Ms. Hughson stated under Sec. 58.038(b){if security was often used, should they not pay for that also. Mr. Cobb stated they do and that is considered departmental personnel. Ms. Hughson stated it did not say City personnel it stated "Department personnel" which by definition in this Ordinance means Parks and Recreation Department. Mr. Cobb stated what they meant was City staff or City personnel. Ms. Hughson stated on Sec. 58.309 she would like to have staff check to see if styrofoam is a registered trademark and if it is, that section should say styrofoam or similar. Mr. Guerra stated to define the word "harass". Mr. Taylor stated he will add that in the definition section. Mr. Guerra stated on the issue of styrofoam he wanted to know if that included styrofoam ice chests. Mr. Cobb stated the reasoning behind that is styrofoam is the number one litter item in the river. Mr. Guerra stated for many families styrofoam is the only kind of container they can afford and hopes the Board took this into account as well. Mr. Hart asked if the Park Rangers would be responsible for citing every park user with styrofoam in the park. Mr. Cobb stated technically they could be cited although they would try to obtain voluntary compliance. Mr. Guerra stated this issue has the potential to give the wrong message for people to come to San Marcos. Mr. Guerra moved that Section 58.039 be stricken from the Ordinance. Mr. Hart seconded the motion. Ms. Hughson asked if it was the container that came apart or if the Parks and Recreation crew found pieces of it in the river. Mr. Cobb stated they break and fall apart and the City finds them in trash cans and are usually blown by the wind because they are so light. The following vote was recorded for removal of Section 58.039: AYE: Hart, Guerra, Hughson NAY: Mihalkanin, Moore, Cox, Hernandez The Motion failed. Mr. Hart stated he did not understand Sec. 58.037. Mr. Cobb stated it meant something that was not native to the river. Mr. Hart asked if there were other no fishing signs besides the one over the Blanco River. Mr. Cobb stated not right now. On Sec. 58.038(b) Ms. Hughson suggested the word "Department" be changed to "City". Mayor Moore asked how was the public to know they were in a bird sanctuary. Mr. Cobb stated as soon as the City becomes a bird sanctuary the City can obtain the signs for $15.00 each from the National Council of State Garden Clubs. The motion passed unanimously for approval of the ordinance on first reading. Mayor Moore introduced for consideration approval of an Ordinance on first reading, the caption which was read as follows: