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<br />37
<br />
<br />ORDINANCE 1989-4
<br />
<br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
<br />MARCOS, TEXAS, REPEALING THAT ORDINANCE ADOPTED ON THIRD
<br />READING ON DECEMBER 12,1988, WHICH AMENDED SECTION 16-3
<br />OF ARTICLE 1 OF CHAPTER 16, MISCELLANEOUS OFFENSES AND
<br />PROVISIONS, OF THE CODE OF ORDINANCES OF SAID CITY TO
<br />PROVIDE FOR THE PROTECTION OF PERSONS USING PUBLIC
<br />WATERS IN SPRINGLAKE AND PROHIBITING VIOLATIONS OF LAW
<br />ASSOCIATED WITH THE USE OF PUBLIC WATERS IN SRINGLAKE,
<br />AND ADOPTING A NEW ORDINANCE RELATING TO THE SAME SUBJECT,
<br />AND DECLARING AN EFFECTIVE DATE.
<br />
<br />BE IT 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, adopted on third reading on December 12,1988, is
<br />hereby repealed and the following substituted therefor:
<br />
<br />CHAPTER 16
<br />
<br />MISCELLANEOUS OFFENSES AND PROVISIONS
<br />
<br />Article I.
<br />
<br />I n Genera 1
<br />
<br />. . .
<br />
<br />Sec. 16-3.
<br />
<br />Using the
<br />
<br />public waters of Springlake.
<br />
<br />a. It shall be unlawful for any person to willfully
<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 Springlake 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 federâl 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 Springlake 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 />December 16, 1988.
<br />
<br />PASSED AND APPROVED on second reading
<br />
<br />January 9, 1989.
<br />
<br />PASSED, APPROVED AND ADOPTED
<br />
<br />
<br />Published in
<br />
<br />~~
<br />
<br />Lamar W. Hankins
<br />City Attorney
<br />the SAN MARCOS NEWS January
<br />
<br />26, 1989.
<br />
<br />A7test}....//rf;;<V
<br />C>'+, ÎJ./ ìM'JJ[ ZA t1~j~,/
<br />" Ja n :1 s K. Woma c k
<br />City Secretary
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