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• <br />ORDINANCE NO. 2009- 21 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS <br />AMENDING THE SAN MARCOS CITY CODE SECTION 34.701 TO DEFINE THE TERMS <br />EXCESSIVE NOISE AND UNRULY GATHERING; AMENDING SECTION 34.702 TO PROHIBIT <br />PARTY HOSTS OR GUESTS FROM CAUSING EXCESSIVE NOISE, OBSTRUCTING STREETS <br />OR DRIVEWAYS, ENGAGING IN OR ALLOWING ALCOHOLIC BEVERAGE LAW <br />VIOLATIONS OR PARTICIPATING IN OR ALLOWING AN UNRULY GATHERING; <br />PROHIBITING OWNERS AND MANAGERS OF APARTMENT COMPLEXES FROM <br />ALLOWING COMMON AREAS TO BE USED AS VENUES FOR UNRULY GATHERINGS; <br />PROVIDING FOR NOTIFICATION OF PROPERTY OWNERS AND MANAGERS AFTER TWO <br />(2) VERIFIED EXCESSIVE NOISE COMPLAINTS, HOST OR GUEST RESPONSIBILITY <br />VIOLATIONS, OR UNRULY GATHERINGS HAVE OCCURRED WITHIN A SIXTY (60) DAY <br />PERIOD; PROVIDING FOR AGREEMENTS CONCERNING FUTURE ABATEMENT <br />STRATEGIES; AUTHORIZING A FEE OF $100 FOR EACH POLICE RESPONSE FOR <br />REPEATED VIOLATIONS; REPEALING SECTIONS 34.090 THROUGH 34.096 OF THE SAN <br />MARCOS CITY CODE; PROVIDING FOR PENALTIES; INCLUDING PROCEDURAL <br />PROVISIONS AND DECLARING AN EFFECTIVE DATE. <br />Whereas, the City Council desires to improve the quality of life in San Marcos by encouraging <br />• individuals to use and enjoy their property in a manner that respects the rights of others to do so; and <br />Whereas, the City Council deems it necessary to educate and inform party hosts and guests of their <br />duty to prevent social gatherings from becoming a detriment to the rights of neighbors by allowing or <br />engaging in conduct including but not limited to unlawful possession or consumption of alcoholic <br />beverages, fights or brawls, public urination, blocking streets or driveways, littering public or private <br />property, or producing noise that can be heard beyond the property line that results in a police call for <br />service. Now, therefore, <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: <br />SECTION 1. Section 34.088 of the San Marcos City Code is hereby amended to read as follows: <br />(deletions are shown with st34kfethfaug , additions are underlined) <br />"Sec. Nuisanee Excessive NoiseViolations; penalties <br />• a. It is unlawful for a person who owns, occupies or acts as a property manager for a residence <br />or is present at any residence to allow the Fesidenee to bee^m° ^r'^ r-ema ^ ^ nuts nee due to <br />cause make or allow excessive noise to be made there if it can be heard across <br />1