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<br />
<br />I-C)
<br />
<br />ORDINANCE 1988-'4
<br />
<br />
<br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
<br />MARCOS, TEXAS, AMENDING SECTION 16-3 OF ARTICLE 1 OF
<br />CHAPTER 16, MISCELLANEOUS OFFENSES AND PROVISIONS, OF
<br />THE CODE OF ORDINANCES OF SAID CITY TO PROVIDE FOR
<br />THE PROTECTION OF PERSONS USING PUBLIC WATERS IN
<br />SPRINGLAKE AND PROHIBITING VIOLATIONS OF LAW ASSOCIATED
<br />WITH THE USE OF PUBLIC WATERS IN SRINGLAKE AND DECLARING
<br />AN EFFECTIVE DATE.
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<br />ORDAINED BY THE CITY COUNCIL OF THE CITY OF
<br />
<br />SAN
<br />
<br />MARCOS,
<br />
<br />TEXAS:
<br />
<br />PART 1. That Section 16-3 of Article 1, Chapter 16, Miscellaneous
<br />Offenses and Provisions, of the Code of Ordinances of the City of San
<br />Marcos, Texas, is hereby repealed and the following substituted
<br />there for:
<br />
<br />CHAPTER 16
<br />
<br />MISCELLANEOUS OFFENSES AND PROVISIONS
<br />
<br />Article I.
<br />
<br />In General
<br />
<br />Sec. 16-3.
<br />
<br />Using the
<br />
<br />public waters of Spring1ake.
<br />
<br />a. It shall be unlawful for any person to wil1fully
<br />swim, dive, skin dive, scuba dive, bathe, wade, go
<br />into or be (other than in a boat) in, on, upon,
<br />or under the waters of Spring1ake and within 200 yards
<br />of a sight-seeing or excursion boat except under
<br />the following circumstances and conditions:
<br />
<br />(1) For maintenance purposes associated with legally
<br />operated commercial, state or federal projects;
<br />
<br />(2) Unless within an enclosed area that
<br />marked so that such sight-seeing
<br />boats can be alerted to possible danger;
<br />
<br />is adequately
<br />or excursion
<br />
<br />(3) For persons engaged in bona fide efforts to rescue or
<br />recover human beings or animals from such waters.
<br />
<br />b. It shall be unlawful for any person to willfully swim,
<br />dive, skin dive, scuba dive, bathe, wade, go into or be
<br />in, on, upon, or under the waters of Springlake if such
<br />person enters or leaves such waters in violation of any
<br />trespass law or by committing a breach of the peace,
<br />vandalism or destruction of property or by entering on
<br />or over the dams that impound Springlake.
<br />
<br />c. There is hereby created a rebuttable legal presumption that
<br />anyone found swimming, diving, skin diving, scuba diving,
<br />bathing, wading, going into or being in, on, upon, or under
<br />the waters of Spring1ake has entered such waters by
<br />trespassing on private property.
<br />
<br />PART 2. That this Ordinance shall be in effect ten (10) days from
<br />and after its passage, and it shall be published in a newspaper of
<br />general circulation in the area as required by the Charter of the City
<br />of San Marcos, Texas.
<br />
<br />PASSED AND APPROVED on first reading
<br />
<br />October 10, 1983.
<br />
<br />PASSED AND APPROVED on second reading OctoLer 24, ]938.
<br />
<br />PASSED, APPROVED AND ADOPTED
<br />
<br />
<br />12, 1988.
<br />
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<br />Ci ty Secre tary
<br />Published in the SAN 1vlARCOS
<br />
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<br />
<br />Lamar W. Hankins
<br />City Attorney
<br />
<br />NEWS February 9, 1989.
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