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<br />168. <br /> <br />r... :Il '. ~;- >...J: <br />r"'I,~ QI( <br />wI'. . ;e: <br />~ - UJ <br />"J.,;. ~ e::::. <br />,U"'; N :r: ~ <br />~~d $ CJ>-. ORDINANCE NO. 2001 - -24 <br />~1~ .;:E ~. <br />:i AN gfd:)INANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS, AMENDING CHAPTER 58, PUBLIC FACILITIES, PARKS AND <br />RECREATION, OF THE SAN MARCOS CITY CODE TO ADD A NEW SECTION <br />58.071 REGARDING RIVER ACTIVITIES NEAR AREAS OF BRIDGE <br />CONSTRUCTION; INCLUDING PROCEDURAL PROVISIONS; PROVIDING FOR <br />PENALTIES; AND PROVIDING AN EFFECTIVE DATE. <br /> <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS: <br /> <br />SECTION 1. Chapter 58, Public Facilities, Parks and Recreation, of the San <br />Marcos City Code is amended to add a new section 58.071 to read as follows: <br /> <br />Sec. 58.071 Bridge construction over river; prohibited entry; warning signs. <br /> <br />(a) During periods of bridge construction over the San Marcos River, the city manager <br />may cause one or more signs to be posted in areas of bridge construction prohibiting the <br />entry of persons within or along the San Marcos River into the areas. <br /> <br />(b) When one or more signs are posted under subsection (a) giving notice of an area of <br />bridge construction where entry is prohibited, it is unlawful for a person to enter the area. <br /> <br />(c) It is an affirmative defense to prosecution under this section that a person is actually <br />engaged in bona fide bridge construction activities or operations in the area where entry <br />is prohibited. <br /> <br />SECTION 2. If any word, phrase, clause, sentence, or paragraph of this <br />ordinance is held to be unconstitutional or invalid by a court of competent jurisdiction, <br />the other provisions of this ordinance will continue in force if they can be given effect <br />without the invalid portion. <br /> <br />SECTION 3. All ordinances and resolution or parts of ordinances or resolutions <br />in conflict with this ordinance are repealed. <br /> <br />SECTION 4. Any person violating any provision of this ordinance commits a <br />misdemeanor and is subject to the penalty provided in Section 1.015 of the San Marcos <br />City Code upon conviction. <br /> <br />SECTION 5. This Ordinance will take effect 10 days after the date of its final <br />passage, and the City Secretary will publish notice of its adoption in a newspaper of <br />general circulation in the City. <br />