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ORDINANCE NO. 2017-21 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS AMENDING CHAPTER 58 OF THE SAN MARCOS <br />CITY CODE REGARDING PUBLIC FACILITIES, PARKS AND <br />RECREATION BY ELIMINATING THE REQUIREMENT OF A VERBAL <br />WARNING BEFORE ISSUANCE OF CITATIONS FOR PUBLIC DISPLAY <br />OR CONSUMPTION OF ALCOHOLIC BEVERAGES IN CITY PARKS, <br />PROHIBITING CHARCOAL GRILLS IN CITY PARKS, AND LIMITING <br />THE USE OF SHELTERS OR TENTS IN CITY PARKS; PROVIDING A <br />SAVINGS CLAUSE; PROVIDING FOR THE REPEAL OF ANY <br />CONFLICTING PROVISIONS; AND PROVIDING AN EFFECTIVE <br />DATE. <br />RECITALS: <br />1. The adoption of this Ordinance is in the interest of the public health, safety and <br />welfare. <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br />SECTION 1. Chapter 58, Public Facilities, Parks and Recreation, of the San Marcos City <br />Code is hereby amended as set forth below. Added text is indicated by underlining. Deleted text <br />is indicated by strikethroughs. <br />SECTION 2. Section 58.033(a) is hereby amended as follows: <br />Sec. 58.033. Public display or consumption of alcoholic beverages in city parks. <br />(a) It is unlawful for any person to publicly consume or display alcoholic <br />beverages within a city park. No pefsen shall be issued a eitatien ^ este for <br />offense under this seetion unless the per -son has fifst been issued a verbal <br />and given an oppoi4tinity to eomply with this seetion. <br />(b) It is a defense to prosecution that the alcohol was consumed or displayed <br />within a special event contract designated area of a rented pavilion, park, facility, <br />or picnic tables, and the person is a part of the group that rented the area. <br />(c) It is a defense to prosecution that the alcohol was consumed or displayed <br />while conducting water activities that include but not limited to tubes, canoes, <br />kayaks and within the river or waterway of city parks. <br />(d) It is not a defense to prosecution that the alcohol was consumed or displayed <br />while standing, sitting, or walking along the water's edge. <br />