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~ 151 g: --- ...... N opnINANrE 1990- 27 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ~ MARCOS, TEXAS, PROHIBITING OUTDOOR COMMERCIAL AND ~ CHARITABLE CAR WASHING ACTIVITIES; PROVIDING FOR C) SEVERABILITY; REPEALING ALL CONFLICTING ORDINANCES; ~ PROVIDING A PENALTY; PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has adopted a Water Conservation Plan for the City which authorizes the City Council and the City Manager to undertake measures to enhance the conservation of water under certain circumstances; and, WHEREAS, the Edwards Aquifer, the sole source of water for San Marcos and 1.3 million people in five counties, is approximately 15 feet below its historic average level for the winter months at the J-17 index well in San Antonio due to high water consumption and the lack of rainfall; and, WHEREAS, this serious decline in the level of the acquifer has reduced the flow of the San Marcos springs and, correspondingly, the level of the San Marcos River, raising concern about the status of the springs and river during the summer season for 1990; and, WHEREAS, only 25.84 inches of rain fell in San Marcos during 1989, compared to the historic average of 33.75 inches, raising our rainfall deficit for the past two years to 20.16 inches and increasing concerns about drought conditions in the Edwards Aquifer region; WHEREAS, the conduct of outdoor commercial and charitable car-washing activities represents an unnecessary and wasteful use of the City's limited water resources; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. That no person shall engage in, conduct, or cause to be conducted within the city any outdoor commercial or charitable car washing activity; provided, that this shall not prohibit commercial or charitable car washing activity on the premises of a bona fide car washing business. SECTION 2. That, for the purposes of this ordinance, the term "outdoor commercial or charitable car washing activity" is defined as any activity involving the washing of vehicles for a fee or donation on premises other than a bona fide car washing business; and the term "bona fide car washing business" is defined as a commercial business equipped with mechanical or automatic car washing equipment inside a structure that is covered and enclosed on at least two (2) sides. SECTION 3. That if any word, phrase, clause, sentence, or paragraph of this ordinance is held to be unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions of this ordinance shall remain in effect as if the unconstitutional or invalid portion had not been adopted. SECTION 4. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5. That any person violating any provision of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be subject to the penalty provided in Section 1-5 of the San Marcos Code of Ordinances. SECTION 6. That this Ordinance shall be in effect ten (10) days from and after its passage, and it shall be published in a newspaper of general circulation in the area as required by the Charter of the City of San Marcos, Texas. PASSED AND APPROVED on first reading March 26, 1990. PASSED AND APPROVED on second reading Apr'l 9 1 - 1, 990. PASSED AND APPROVED AND ADOPTED April 23,1990.