Ord 1999-045 - Laserfiche WebLink

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<s"" r. ~ a~ iLly N i8 "" C1 r =e ~ O~I cs- g y ~- w10 >. ~~ ~(G 1..U:::i!E 0:::= fidlJ (1)11 i::: ,,;..,,1!/1 uS en ~g ;=:~ 1..U2:: O::::c Q(G I..U llI? ~; au 57. ORDINANCE 1999 - ~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, PROHIBITING BEGGING, CAMPING, URINATING AND DEFECATING IN PUBLIC AREAS OF THE CITY BY AMENDING CHAPTER 34 - ENVIRONMENT BY ADDING DIVISION 3, PUBLIC NUISANCES; INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING FOR PENAL TIES. RECITALS: 1. The City Council has serious concerns with the effects of the presence of panhandlers, transients and the health and safety issues created by them. Other cities in the area have enacted ordinances prohibiting begging, camping, urinating and defecating in public areas. As a consequence, the Police Department has seen a significant influx of panhandlers and transients located in the city and the problems they bring. 2. The Council finds that certain methods of begging pose a public safety risk, such as aggressive begging, and begging by persons on the street of persons in vehicles required to stop at intersections and of persons utilizing public transportation facilities, whose circumstances make them captive to demands for donations. The Council finds that nightime begging or soliciting in public areas is inherently more dangerous, frightening and coercive and is a public safety risk. 3. The Council finds that camping in areas not designated for camping creates health and safety risks as a result of the illegal dumping of bottles, cans, rubbish, trash and human waste associated with these campsites. BE IT ORDAINED BY THE CITY COUNCIL OF 'THE CITY OF SAN MARCOS, TEXAS: SECTION 1. Chapter 34, Environment, Article 3, Nuisances, of the City Code is amended by adding Division 3, Public Nuisances, to read as follows (underlining indicates added language; an o v GIStlikc. indicates deleted language): Division 3. Public Nuisances Sec. 34.100. Definitions. In this Division: Beg or Begging means any solicitation made in person requesting animmediate donation of monev. Purchase of an item for an amount far exceeding its value, under circumstances where a reasonable person would understand that the purchase is in substance a donation to the seller of the item, is a donation for the purposes of this division. Begging does not include passively standing or sitting with a sign or other indication that one is seeking donations, without addressing anv solicitation to anv specific person other than in response to an inquiry by that person. Camv or Camving means to use a public area for living accommodation purposes such as, but not limited to, the following: ill Sleeping, or making preparations to sleep, including the laving down of bedding for the purpose of sleeping: ill Storing personal belongings: ill Making any fire: ill Using or erecting a tent. shelter, vehicle or other structure for sleeping: or ill Carrying on cooking activities.