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<br />/2: ~ >-8 <br />/~f q:: 0::..... <br />.. ~ ~~ 59 <br />"'-.0 - <br />. 'ë3 0' e::: , c <br />. IJtc:> 0 ~J13 <br />~a:: CI?- <br />f.C'- ~ ~Q ORDINANCE 1997 - 28 <br /> _b <br />.¡¡a ~Q <br />~ r- >-fn AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN <br /> cJ <br /> (J 0::8 MARCOS, TEXAS, CREATING A BIRD SANCTUARY, REGULATING <br />r c:.> - ~~ CONDUCT IN CITY PARKS, BROADENING PARK RANGER AUTHORITY, <br />Ifl¡e <br />rÐa 1"\ e:::c: <br /> ('\j u"" AND DELEGATING AUTHORITY TO SET CERTAIN PARK USE FEES TO <br /> UJ Q:) <br />r- a:: CI?- THE CITY MANAGER OR PARKS AND RECREATION DIRECTOR, BY <br /> 0 <br />'~ 0... ~b <br /> « AMENDING CHAPTERS 6 - ANIMALS AND 58 - PUBLIC FACILITIES, <br />I ':!if ë3õ <br /> PARKS AND RECREATION, SECTIONS 58.026, 58.030, 58.032, 58.036 <br /> AND ADDING SECTIONS 6.012, 58.037, 58.038, 58.039, 58.040, AND <br /> 58.070; INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING FOR <br /> PENAL TIES. <br />::æ \ <br /> q: ~~ITALS: <br />CRj <::) -=t;"'" <br />W2 - t;j a:I <br /> - :is <br />c:.> 0' ê:1:g The City of San Marcos Parks and Recreation Advisory Board after reviewing the <br />:...J .0 <br />-~ ~ ~ ~ results of the inaugural year of the Park Ranger program and situations which <br />1.1.- ~ ~ ~ occurred in City parks, recommended updating the City's Park Ordinance to <br />-< c:.:> 0 address those concerns and in addition, to declare the City a Bird Sanctuary due <br />r:r11 ~ ~ 8 to the enrichment of the City from the presence of wild birds and fowl within its <br /> 0- ~~ corporate limits. <br />L1I~ - L.U <br /> ....... e:::c <br />~..ro -' ~ ('C . <br />ü:~ N ~Q:) The City determines that there are adequate sources of clean water, natural food <br /> = >a <br /> = ~b and shelter for nesting by wild birds and fowl within the City and that protection of <br /> ---::¡ <br />< ë:5õ these creatures by ordinance is in the public's bestinterest. <br /> 3. Therefore, the City of San Marcos declares itself to be a Bird Sanctuary and <br /> extends its protection to wild birds and fowl within the City's corporate limits. <br /> BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: <br /> SECTION 1. Chapter 6, Article 1, of the San Marcos City Code is amended by <br /> adding section 6.012 to read as follows: <br /> Sec. 6.012. Bird Sanctuary. <br /> (a) It is unlawful for a person to intentionally trap, hunt or shoot any wild bird <br /> or fowl, or to intentionally destroy the eggs or nests of any wild .bird or fowl in ,the city. <br /> (b) It is an exception to the application of this section that the destruction of <br /> eggs or a nest occurs as an unintended consequence of an otherwise lawful activity, such <br /> as the trimming or clearing of trees or shrubbery. <br /> (c) It is an exception to the application of this section that the wild birds or fowl <br /> in question are destroyed after they have congregated in such numbers at a location that <br /> they are determined to constitute a nuisance or public health threat by the environmental <br /> health department. <br /> (d) Employees of the city, peace officers, park rangers, emergency personnel <br /> and state personnel are exempt from this section to the extent that it conflicts with their <br /> official duties. <br /> SECTION 2. Sections 58.026,58.030,58.032 and 58.036 of the San Marcos <br /> City Code are amended to read as follows: <br /> Sec. 58.026. Definitions. <br /> In this article: <br /> All-terrain vehicle means a motor vehicle that is equipped with a saddle for the use <br />