San Marcos officially bans alcohol along river | The Hays Free Press

San Marcos officially bans alcohol along river

Posted by on May 2nd, 2012 and filed under Hays County, Top Stories.


SAN MARCOS MERCURY

The San Marcos City Council has approved a sweeping package of new parks rules including a ban on the consumption and display of alcohol.

The measures were adopted 4-2 on Tuesday with council members Ryan Thomason and Shane Scott voting against the rules. Jude Prather, who had led previous opposition to the alcohol ban, was out of town for professional training. Mayor Daniel Guerrero and council members John Thomaides, Kim Porterfield and Wayne Becak voted to approve.

Before passing the rules, council members amended the ordinance to require law enforcement officers to issue a verbal warning before writing a citation or making arrests for violating the alcohol prohibition. The council also voted to delay implementing the alcohol-related portion of the ordinance until Jan. 1, 2013, giving officials time to educate the public about the rules while also giving the public one last summer of legal drinking in all the city’s parks and natural areas.

Police Chief Howard Williams told council members he did not intend to enforce the alcohol ban against parkgoers who are peacefully minding their own business. The council has to trust law enforcement to enforce the ordinance with a light touch, he said.

“Banning all alcohol in all parks is not a reasonable solution, in my personal opinion, to the problems we have,” Williams said.

The rules were formally supported by the San Marcos River Foundation and the Lions Club and opposed by Texas State University’s Associated Student Government. More than 1,100 people signed a petition against the alcohol ban circulated by activist Monica De La Rosa.

The new rules make these changes:

  • Makes the consumption or display of alcoholic beverages on park land prohibited. Provides for access and egress to the river with a “no open container” rule;
  • Includes refined definitions for the codes;
  • Makes provisions of all park codes apply in Natural areas and Green Spaces owned by the city;
  • Includes disruptive conduct provisions for programs approved by the department operating on city parks areas;
  • Increases the minimum fine amount for littering in the San Marcos River;
  • Prohibits smoking and tobacco products in play areas and athletic fields;
  • Clears up miscellaneous provisions on posting of temporary restrictions;
  • Authorizes the Park Director to establish rules for use of BBQ pits
  • Prohibits the use of Styrofoam materials in the parks and river;
  • Adds the possession of certain fishing spears and gigs and allows parks programming exemptions;
  • Prohibits the possession of alcohol on any dam owned by the city;
  • Requires the securing of lids and covers to containers in the San Marcos River

Story first published by the San Marcos Mercury, an illustrious news site that covers San Marcos

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  • Bob_Jackson

    This will be utterly devastating for our community, just as it will be for NB. I’m ashamed, when there were plenty of adequate laws and not enough enforcers, that we added more laws – laws that will tell tourists they are not welcome here at a time when tens of thousands will be moving for NB to somewhere else.

  • Jimmy

    I don’t think San Marcos’ economy depends on the river, outside of the Lions Club. Of course, New Braunfels’ economy doesn’t depend on college daytrippers who bring their own tubes or rent from outfitters paying their employees $7.25/hour. Big time money there!

  • Guest

    No, you’re right. The SM economy of today does not depend on river traffic. Nor do college daytrippers with their own tube or rent one make up a huge portion of the hundreds of thousands of floaters that NB gets each year. The point is NB just shot themselves in the face by passing this same ban. They have schliterbaun to keep a fraction of their tourist traffic going, but they’ve basically closed the river. All those people  now are going to be looking for somewhere else to go. That’s millions upon millions in annual economic impact that SM with this ban just said “don’t come here, you’re not welcome.” Why? Why right now at this moment rather than waiting a year to see if we can attract a portion of that river traffic? It’s increasingly clear that there are certain people in this town who refuse to let anything change by any means necessary, and they are killing us.

  • Richard

    OH WELL… I’LL play my violin for u 2 homies and others like u..much rather protect the environment and keep the rivers clean as possible than to sell out for green worthless pieces of paper…besides it helps to keep violent mofos like my self from smashing alcohol induced idiots  every time they act a fool around my wife and kids…I have no problem with drinkers….just drinkers who cant hold it together and still be responsible…..good job city counsel  

  • Jimmy

     We’ll see the impact on New Braunfels as the sales tax reports roll in. I can report that the river has been much cleaner than in years past. I think I’ve picked up a couple of empty cans and a random snack wrapper or 2, but there isn’t the floating raft of cans like there used to be.

  • Wayne_J_Billapoint_lll

     Excellent well thought out post Richard. Thank you so much for sharing. I do have a couple of questions for you.

    Exactly how many alcohol induced idiots have you smashed?

    Have you smashed them in front of your kids so that your kids can learn the proper way to be a “violent mofo”?

    Do you prefer to use your fists, your feet or a weapon of some sort?

    Do you only smash alcohol induced idiots because you are afeared that ifin they was sober they would smash you back?
    Or are you teaching your kids that it’s ok to smash anyone they believe is an idiot.

    Just curious.

  • Guest

    Saw an article about the outfitters suing to overturn the ban in NB, and it says 400mil/yr is the economic impact. Let’s say a quarter of that could be captured by San Marcos. $100 million coming into this town from the outside and we just said no thanks we don’t want your kind here.

    Seriously, what is with these people that want San Marcos to be some quaint backwater village. When the drinking age dropped to 18, we voted to go wet and open a ton of bars explicitly to make money off student drinking. We’ve pushed alcohol sales ever since. When the age went back up to 21 in the 80s, we kept the bars open. We lengthened bar hours to keep traffic in town rather than lose it to Austin.

    At the same time, we have existing multifamily essentially full, studies showing a large portion of students are not able to live in San Marcos because there is not enough housing,  at the same time, the university is at 34k on the way to 45-50k. Yet, people are doing everything possible to block additional multifamily development. We should be adding 10k units just to meet demand. We should be trying to find ways to make that work, even if it means leveling whole neighborhoods to make way for progress.

    What we have though are these militant people. We get pseudo-environmentalism in one ear and the protect my small town speech in the other. This town is going where it’s going no matter what anyone wants. People can keep doing everything they can to chop it’s legs out in an attempt to remake the 50s or whatever the hell they’re trying to do, but progress marches on even if it has to be over the top of people. It is unstoppable. People need to accept that and either get with it, profit from it, or get out.

  • Wayne_J_Billapoint_lll

     *L..it’s a lot like Austin NOT building a Highway loop around the city in the 60′s because they didn’t want “progress”.
    Build it and they will come, or don’t build it and they will come anyway and make everyone pay the price of short sightedness.

  • Austindriver13

    Man fuck everything about this. Vote passed 4-2 even though we had more than 1,100 signatures in opposition? Good thing to know our voice fucking counts. Fucking bullshit.

  • jimmy

    Were those signatures from registered, San Marcos resident, voters? I saw people from Staples saying they signed. If you want to have an ‘actual’ petition submitted, it takes signatures from 10% of the qualified voters. There’s roughly 33,000 voters in San Marcos (using counts from the Dec 2011 runoff). So you’ll need 3,300 qualified voters to sign, ie they MUST reside in the city and be registered to vote.

    And I doubt a lawsuit has a snowballs chance in hell on this one. I don’t see any rights or law that the city violated.

  • jimmy


    Let’s say a quarter of that could be captured by San Marcos. $100 million”

    I think that study included everything such as Schlitterbahn and any receipts from restaurants. I know the rivers are popular, but 400 is just stretching things. The entire New Braunfels economy for 2011 was only 1.7 billion. You’re (that study) telling me that the rivers alone attracted 25% of every dollar spent here? Come on.

    The tubers that come to the Comal are probably going to migrate to the lower guadalupe outside of the city limits. The high paying jobs such as shuttle driving, tube hander outer, etc. will migrate with those, based on demand.

    The people that were going to eat in restaurants and stay in hotels probably still are. Those that were camping.. there is onliy 1 camp ground in the city that I know of.

    The alcohol in the guadalupe area is distributed by the same 2 distributors as new braunfels. 

    I’m sorry but I just don’t see the sky falling with either ban(*).

    (*) Those bans being: Disposable containers on the rivers inside the New Braunfels city limits and open alcohol and consumption in San Marcos parks.

  • Wayne_J_Billapoint_lll

     Instead of seeing how many times you can type “f*ck” in your post, do some math (if you can).

    1,100 signatures. 33,000 voters so your petition represented less then 3 percent of the voters in San Marcos.
    So when a whole 3% of the people are opposed, the 97% rules.
    Do you honestly think 3% should tell 97% what to do?
    What laws to make?

  • Brix Wersh

    *Ahem – they could potentially fine you for having an open container even if it is empty when you bring it ashore. Solution? Sink all your cans in the river.
    Great call, council. ಠ_ಠ

  • Brix Wersh

    This will not keep the river clean. It encourages littering, since you can legally enter the river with full cans, but according to the ordinance you cannot exit the river with empty ones. Solution? Leave all your cans in the river. 

    What a joke. 

  • Bob_Jackson

    So, your argument is…. The alcohol distributors will be fine even if dozens of retailers go out of business. Many of the outfitters may go out, but other outfitters will replace them in a new location. You don’t care about shuttle drivers, waiters, etc because they’re not high paying jobs. And people will still go into NB to stay in hotels & eat because they’re only going to relocate slightly down the same rivers rather than to a different town. That’s a messed up world view.

    A lot of those floaters will not move slightly down the river outside the city limits but rather to other towns. SM (prior to this ban) in an excellent position to grab a piece of that business.

  • jimmy

     That is 1 lawyers opinion. We’ll have to see what the courts have to say.

    In any case, the New Braunfels ban is on disposable containers in the river, and open containers in the park, whereas San Marcos has currently only banned open containers in the parks.

  • Guest

    Could go either way, but point is there are issues of law, not just major financial impact.

    The river belongs to the state. The city can’t regulate it in either case. They can regulate their parks. You may want to recheck the bullets above because you’re wrong. SM has banned any display of alcohol open or closed. The only mention of open container is that you can’t have one when entering/exiting the river. It prohibits Styrofoam (who uses Styrofoam cups anyway, which is by the way a brand name rather than an actual material). Secure lids for containers in the river.

    So, I question that they have the authority to regulate anything IN the river. I think they’re overreaching on a lot of the rest of this. Maybe there are issues of law that should restrain them, but primarily it’s a slightly negative economic impact to where we are now & a huge missed opportunity to capitalize on NB’s idiocy.

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