AGENDA CAPTION:
Title
Consider approval of Ordinance 2021-49, on the first of two readings, repealing Section 58.068 of the San Marcos City Code that prohibits possession or shooting of a speargun by any person while in or upon the San Marcos River without a permit issued by the Parks and Recreation Department; and providing an effective date.
Body
Meeting date: July 6, 2021
Department: Parks and Recreation
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Background Information:
The City Council held discussion on May 18, 2021 regarding Section 58.068 of the San Marcos City Code related to possessing and shooting spearguns in the San Marcos River. The City Council directed staff to bring back amendments based on their conversation. Below is a brief history of the spear gun prohibition within the City Code of Ordinances:
• Ordinance 1960-13 was adopted on September 21, 1960, making it unlawful to use, discharge or have possession of a spear gun in the San Marcos River within the corporate city limits.
• Ordinance 1995-15 was adopted on February 13, 1995 and kept the spirit of prohibiting the possession and shooting of a spear or any other type of projectile through water as a means of shooting or taking fish.
• Ordinance 2012-17 was adopted on May 1, 2012 and added “gig or any other type of hand held spear” and the permitting requirement to the Code.
Subsequent to the May 18, 2021 meeting, staff did some research and determined that Texas Parks and Wildlife Department regulations specifically allow the use of spearguns to take non-game fish in fresh water. Because Section 58.068 prohibits activities allowed by the State of Texas, staff now recommends repeal of that code section.
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