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2d?~ I AN ORDINANCE MAKING IT UNLAWFUL TO USE A SPEAR GUN A';; A MEAN';; OF SHOOTING OR TAKING FISH, OR ATTEMPTING TO SHOOT OR TAKE FISH, FROM THE SAN MARC~ RIVER WITHIN THE COR- PORATE LIMITS OF THE CITY OF SAN MARCOS; MAKING IT UNLAWFUL TO DISCHARGE A :;PEAR GUN IN OR INTO THE SAN MARCCS RIVER; MAKE THE P~5ESSION OF A SPEAR GUN IN THE SAN MARCOS RIVER PRIMA FACIE EVItJENCE THAT SUCH SPEAR GUN IS BEING USED AS A MEANS OF SHOOTING OR TAKING OF FISH; PROVIDTNG THAT ALL PERSONS PARTICIPATING IN OR AIDING OR ABETTING OR ASSIST- ING IN THE VIOLATION OF THIS ORDINANCE SHALL BE GUILTY AS PRINCIPALS; DEFINING TERMS; CONTAINING SEVERALABILITY PRO- VISION: AND PROVIDING FOR PUNISHMENT. The Governing Body of the City of San Marcos has reviewed the situation presented by the use of various mechanical contrivances, known as "spear guns", used at times as a means of shooting and/or taking of fish from the San Marcos River. The Governing Body has, in its jUdgment, concluded that the use of spear guns or similar mechanical contrivances as a means of shooting or taking of fish is dangerous to the safety and welfare of the persons having occasion to swim, wade, fish, boat, and otherwise use the San Marcos River for recreational purposes, I and has concluded that the safety and welfare of the citizens of San Marcos requires that the use of spear guns in the Sa~ Marcos River, within the City Limits, be made unlawful. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF SAN MARCOS, TEXA::;: Section 1. It shall hereafter be unlawful for any person, or any group of persons, to use a spear gun as a means of shooting, or attempting to shoot, or as a means of taking, or attempting to take, fish from the San Marcos River within the corporate limits of the City of San Marcos. Section 2. It shall hereafter be unlawful for any person to discharge a spear gun in or into the San Marcos River within the corporate I limits of the City of San Marcos. ~ection 3. The possession by any person of a spear gun in the waters of the San Marcos River within the corporate limits of the City of San Marcos, shall constitute prima facia evidence that such person is using such spear gun as a means of shooting or taking of fish, or attempt- ing to shoot or take fish, from the ~an Marcos RiVer.