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<br /> PiE <br /> area, without a permit from the director; or <br /> (b) A person convicted of a violation of subsection 58.040(a)(1) is punishable <br /> by a fine of not less than $200.00, but not more than $500.00, and of subsection <br /> 58.O40(a)(2) by a fine of not less than $75.00, but not more than $500.00. <br /> Sec. 58.041-- 58.066. Reserved. <br /> SECTION 4. Chapter 58, Article 3, of the San Marcos City Code is amended <br /> by adding section 58.070 to read as follows: <br /> Sec. 58.070. Activities on Dams. <br /> It is unlawful for a person to stop or stand in the spillway of any dam, flood control <br /> structure or storm drain in or upon the San Marcos River. Employees of the department, <br /> peace officers, park rangers, and emergency personnel are exempt from these rules to <br /> the extent these rules conflict with the discharge of their official duties. <br /> SECTION 5. 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, the <br /> other provisions of this ordinance will continue in force if they can be given effect without <br /> the invalid portion. . <br /> SECTION 6. All ordinances and resolutions or parts of ordinances or <br /> resolutions in conflict with this ordinance are repealed. <br /> SECTION 7. Any person violating a provision of this ordinance commits a <br /> misdemeanor and is subject upon conviction, in addition to other penalties provided by <br /> law, to the penalty provided in Section 1.015 of the San Marcos City Code. <br /> SECTION 8. This Ordinance takes 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 /> PASSED AND APPROVED on first reading April 14, 1997. <br /> PASSED AND APPROVED on second reading April 28, 1997. <br /> PASSED, APPROVED AND ADOPTED <br /> ~y&Jî~~ <br /> Mayor <br /> A~: <br /> . ~r3f! :?l~ <br /> Janis K. 'Nomack <br /> City Secretary <br />. <br />I Approved: <br />\ - <br /> ~tò.~ <br /> Mark 8. Taylor <br /> City Attorney <br /> PUBLISHED IN THE Sfu~ MARCOS DAILY RECORD, THURSDAY, JUNE 26, 1997. <br /> - 6 - <br />