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City Ordinances - Complete http://www.municode.com/services/mcsgateway.asp?sid=43&pid=10204
Chapter 8 Beaches and Waterways
Sec. 8-3. Beach access and parking.
(a) Regulated beach areas. Except as otherwise permitted herein,
it shall be unlawful for any person to drive, operate or park
any motor vehicle in, on or upon any part of the following described
public beaches bordering on the Gulf of Mexico and situated within
the corporate limits of the city;
(25) Effective August 22, 1991, that area at Bermuda Beach, Access Location number 9, which is posted by bollards placed by city officials is open for vehicle access and parking and parking along the streets in designated areas.
(i) Implementation. There has been enacted
by Ordinance Nos. 90-10, 90-44, 90-46 and 90-63, the West End
Beach Access and Parking Policy Plan which has set the city policy
for parking areas along the beach. The city manager is directed
to implement the parking plans as they are approved by the city
council. Until a plan has been approved by city council and has
been implemented by the city manager by the placement of bollards
and signs stating parking is permissible, it shall be unlawful
for anyone to drive on the beach except in the areas as noted
in section 8-3(a)(7)(i) and (ii).
(k) Fines. The violation of any provision of this chapter including
the instructions of the police department or director of traffic
made under section 8-3(b) shall be unlawful and a misdemeanor
offense punishable by a fine not to exceed five hundred dollars
($500.00) per occurrence. Each day a violation of this chapter
continues shall constitute a separate offense.
(I)(2) Motor vehicle means every self-propelled device
in, upon or by which any person or property is or may be transported
or drawn upon a highway, except devices moved by human power,
as provided in Article 6701 d, Texas Civil Statutes, as amended.
(m) Exceptions. The prohibition contained in
this section shall not apply to:
(1) Operation of any motor vehicle within an established roadway,
boat-launching or parking area on the public beach duly designed
for such purposes by bollards and signs informing the public of
its right to use such area for travel, boat-launching and/or parking;
(2) Any authorized emergency vehicle when responding to an emergency
call, or to any beach patrol or police patrol vehicle, or to other
equipment and vehicles while actually engaged in maintenance work
upon said public beach area.;
Sec. 8-4. Driving vehicles or horses on
sand dunes.
It shall be unlawful for any person to drive, operate or park
any motor vehicle, motorcycle or motorbike, dune buggy or other
recreational vehicle upon, over or across any sand dune, or to
ride or walk any horse, pony or mule upon, over or across any
sand dune, located within the city.
(Code 1960, § 4-1.5; Ord. No. 79-48, § 1, 5-31-79)
State law references: Similar provisions, V.A.T.C. Natural Resources
Code, § 63.093.
Sec. 8-6. Camping on beaches.
(a) The term "camping" shall mean to use for habitation
any tent, lean-to, sleeping bag, blanket, vehicle, trailer, camper,
or other means of shelter. Nothing contained in this definition
shall prevent the use of umbrellas, sun shades, small tents and
the use of usual beach equipment for temporary use and not for
human habitation.
(b) It shall be unlawful for any person to camp on any public
beach within the city limits between the hours of 12:00 midnight
and 5:00 a.m.
(c) The provisions of subsection (b) shall not apply to:
(1) Camping in a tourist camp or automobile tourist camp duly
authorized and designated by ordinance.
(2) Camping in areas designated by ordinance, resolution or other
official action of the city council.
(d) It shall be unlawful for any person to camp at any location
on the Seawall Boulevard between the hours of midnight and 5:00
a.m.
(Code 1960, § 4-11.1; Ord. No. 82-8, § 1, 1-21-82; Ord.
No. 83-37, § 1, 6-16-83; Ord. No. 01-031, § 3, 6-14-01;
Ord. No. 02-057, § 2, 6-27-02)
Sec. 8-7. Glass beverage containers.
(a) It shall be unlawful for any person to use or possess any
glass beverage container in any area situated upon the Seawall
Boulevard right-of-way. For purposes herein, "Seawall Boulevard
right-of-way" shall mean and include all portions of the
seawall structure, in its entire length, together with sidewalk
areas adjacent thereto on both sides. It shall be unlawful for
any person to use or possess any such glass beverage container
in any area situated south of the Seawall Boulevard; for purposes
herein, "south of the Seawall Boulevard" shall mean
and include all areas situated between the seawall and the waters
of the Gulf of Mexico, whether such areas are in fact due south
of said seawall or otherwise. It shall be unlawful for any person
to use or possess any glass beverage container in or upon any
other public beach area situated within the city.
Cross references: Similar provisions relative to The Strand, §
24-10.
Sec. 8-8. Horses on beaches.
(a) Except in areas designated for the purpose, it shall be unlawful
for any person to ride, lead or drive any horse, mule, jackass,
donkey or pony upon any public beach within the-city between the
hours of 9:00 a.m. and 8:00 p.m., on Memorial Day, the Fourth
of July, Labor Day and on any Saturday or Sunday during the months
of May through September, inclusive. The city council shall, from
time to time, by ordinance, resolution or other official action,
designate areas where the prohibition of this section shall not
apply.
(b) The prohibition set forth in subsection (a) shall not apply
to the public beach area situated between the westerly boundary
of County Beach Pocket Park No. 1 and the easterly boundary line
of County Beach Pocket Park No. 2.
(Code 1960, § 4-11.3; Ord. No. 85-47, § 1, 7-11-85)
Sec. 8-8.1. Animals running at large on
beaches prohibited.
It shall be unlawful for any person owning, keeping or having
in his possession or control any animal, including but not limited
to dogs, to allow such animal to run at large upon the public
beaches within this city, unless the animal is under the control
of such person by means of a cord, chain or leash not more than
six (6) feet in length and of sufficient strength to control and
retain the animal. The provisions of this section shall not in
any manner be construed to repeal the provisions of section 7-1
of this Code, but shall be deemed supplementary thereto as applied
to beach area only, as said beach areas are-defined in this chapter.
(Ord. No. 81-30, § 2, 4-2-81)
Editor's note: Ord. No. 81-30, § 2, adopted April 2, 1981,
added a § 4-11.7 to the 1960 Code, codified as § 8-8.1
hereof at the editor's discretion.
Sec. 8-9. Campfires on beaches.
(a) It shall be unlawful for any person to start, ignite or maintain
an open wood campfire upon any public beach within the city without
having first obtained a permit therefor from the city manager.
(b) The provisions of subsection (a) shall not apply where such
campfire is wholly contained in a grill, habachi or other stove
device and charcoal, butane or other flammable petroleum produce
is used as a fuel.
(Code 1960, § 4-11.4; Ord. No. 84-64, § 2, 8-30-84)
Sec. 8-15. Crossing private property prohibited.
Nothing contained within the provisions of this chapter shall
be construed to give, grant or allow any person the right to cross
privately owned land to have access to any public beach.
(Code 1960, § 4-7)
ARTICLE I. IN GENERAL
Sec. 4-3. Prohibited consumption areas.
(a) It shall be unlawful for any person to consume any alcoholic
beverage upon the public sidewalks adjacent to and contiguous
with Seawall Boulevard, including any appurtenances thereto.
(b) It shall be unlawful for any person to consume an alcoholic
beverage upon the area between the mean low tide line and the
vegetation line between the eastern right-of-way of 16-Mile Road
and the north edge of the roadway of Farm to Market Road 3005
and the Vacek Bridge.
(c) It shall be unlawful for any person to consume an alcoholic
beverage between 10th Street and 61st Street upon the area between
the mean low tide line and Seawall Boulevard.
(d) It shall be unlawful for any person to consume an alcoholic
beverage upon the area commonly known as "Stewart Beach,"
more particularly described in subsection 26-54(1) of this Code,
except during such times that the park board of trustees shall
be the co-sponsor of a concert, festival, or event upon such area,
and provided further that such advertised times shall not exceed
twenty-five (25) days during any period from September 8th of
one year through and including the following May 23rd of the next
year.
(e) Provided, however, that nothing herein shall be construed
to be applicable to any area or premise duly permitted and licensed
by the State of Texas pursuant to the Texas Alcoholic Beverage
Code.
(f) City Council may authorize, with or without conditions, the
consumption of alcoholic beverages in designated entertainment
districts located on the Seawall.
(Ord. No. 88-32, § 1, 4-14-88; Ord. No. 93-45, § 2,
4-22-93; Ord. No. 93-90, § 1, 9-9-93; Ord. No. 95-5, §
2, 1-12-95; Ord. No. 00-003, § 2, 1-13-00; Ord. No. 03-107,
§ 2, 10-23-03)