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Ord 2024-008/amending Chapter 58, Public Facilities, Parks and Recreation of the San Marcos City Code to add restrictions on certain beverage containers and coolers in the San Marcos River and within designated park areas adjacent to the river
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Ord 2024-008/amending Chapter 58, Public Facilities, Parks and Recreation of the San Marcos City Code to add restrictions on certain beverage containers and coolers in the San Marcos River and within designated park areas adjacent to the river
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4/5/2024 10:17:40 AM
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Ordinances
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Amending
Number
2024-08
Date
2/20/2024
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Single -Use Beverage Container means any container used to hold <br />beverages designed to be used once before being thrown awa�They ingy include, <br />but not limited to, containers made of metal or aluminum, cardboard, Styrofoam, <br />plastic, or bass. <br />Styrofoam includes foam, polypropylene, expanded polypropylene, and <br />polystyrene. <br />Temporary restriction means any restriction imposed by the mayor or city <br />manager on the use of city park areas or facilities for a period less than 30 days. <br />Unattended pet means any domesticated animal that is unaccompanied or <br />not under the immediate physical control of its owner or caretaker. <br />Weapon means any device from which a shot, projectile, arrow, or bolt is <br />fired by the force of an explosion, compressed air, gas, or mechanical device. <br />Weapons include but are not limited to the following: rifle, shotgun, handgun, air <br />rifle, pellet gun, longbow, cross bow, sling shot, blow gun, or dart gun. <br />Wildlife means any non -domesticated animal, bird, amphibian, reptile, fish, <br />shellfish, or other aquatic life or any portion thereof. <br />SEC'T'ION 3. Sections 58.033-58.056 of the San Marcos City Code are hereby amended <br />as set forth below. <br />Sec. 58.033. Public display or consumption of alcoholic beverages in city paries. <br />(a) It is unlawful for any person to publicly consume or display <br />alcoholic beverages within a city park. <br />(b) It shall be unlawful for any one person to use, caul , possess, or <br />dispose of an open alcoholic beverage container with a volume capacity of five <br />fluid ounces or less in a city riverfront park or on or in the public waterway. <br />(bc) It is a defense to prosecution that the alcohol was consumed or <br />displayed within a special event contract designated area of a rented pavilion, park, <br />facility, or picnic tables, and the person is a part of the group that rented the area. <br />(de) It is a defense to prosecution that the alcohol was consumed or <br />displayed while conducting water activities that include but not limited to tubes, <br />canoes, kayaks, and within the river or waterway of city parks. <br />(ed) It is not a defense to prosecution that the alcohol was consumed or <br />displayed while standing, sitting, or walking along the water's edge. <br />
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