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(2) Within which, in a one~block area, a majority of the buildings are designed or <br /> used for residential purposes, such as one-family or two-family dwellings, <br /> apartments, townhomes and condominiums. <br /> <br />Unlawful level of noise has the same meaning as "unreasonable noise" in Section 42.01 of <br />the Texas Penal Code. <br /> <br /> SECTION 2. Section 34.702 of the San Marcos City Code, is amended to as follows <br />(underlining indicates added text, ~*~:~-~*~ ...... 4, indicates deleted text): <br /> <br />Sec. 34.702. Responsibilities of hosts. <br /> <br />(a) It is unlawful for a host to fail: <br /> <br /> (1) to advise his guests that streets and driveways cannot be blocked by vehicles of <br />persons attending the host's party; <br /> <br />(2) to ensure that noise from the host's party does not reach an unlawful level; <br /> <br /> (3) to ensure that litter related to the host's party is properly disposed of by 10 a.m. <br />of the day after the party started; and or~ <br /> <br /> {4) to ensure that any alcoholic beverages provided or served at the host's party are <br />controlled in a manner that ensures the alcoholic beverage laws are not violated. <br /> <br />(b) It is not a defense to prosecution for violations of any law or ordinance that a security <br />officer or officers who were hired for a pat~ failed to properly fulfill the host's duties in <br />subsection (a) of this section. <br /> <br />(c) It is prima facie evidence that the host violated subsection (a)(1) if the police warn the <br />host that vehicles of persons attending the host's party are blocking streets and driveways and <br />that these vehicles need to be moved, and the vehicles are not moved within a reasonable <br />time. <br /> <br />SECTION 2. If any word, phrase, clause, sentence, or paragraph of this ordinance is held to be <br />unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this ordinance <br />will continue in force if they can be given effect without the invalid portion. <br /> <br />SECTION 3. All ordinances and resolution or parts of ordinances or resolutions in conflict with <br />this ordinance are repealed. <br /> <br />SECTION 4. Any person violating any provision of this ordinance commits a misdemeanor and <br />is subject to the penalty provided in Section 1.015 of the San Marcos City Code upon conviction. <br /> <br /> <br />