Item 28: Spearguns in River

[COSM_Admin]

Hold discussion regarding options related to amending 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 direction to Staff.

 

[JHughson]

This was postponed so staff could provide legal information about the changes in gun/weapon/open-carry laws that will take effect on September 1 and any considerations we should/need to take into consideration regarding this ordinance. I don't see that in the packet. Please advise of where that information can be found in the packet.

Should we add "speargun" to Section 58.026 - definitions of weapon?

The first two options appear to be exactly the same. Same as the Aug 3 packet.
ARF states 3 possible options but there is no summary of each so I don't know what is missing.

 

[COSM_Admin]

Response provided by Assistant Director of Parks and Recreation, Jamie Lee Case:
Mr. Cosentino will be responding to the first and second set of questions, but I wanted to provide a response to the third set.

The first two options appear to be exactly the same. Same as the Aug 3 packet.
ARF states 3 possible options but there is no summary of each so I don't know what is missing.
The options are different, but only slightly. These are only suggestions for discussion purposes.
The permit requirement is the key difference between Option 1 and 2:

Option 1: Inserts possession of a weapon into Section 58.048; Strikes San Marcos River and inserts “on City Owned Property”; Strikes gig; Strikes the permit requirement

Option 2: Inserts possession of a weapon into Section 58.048; Strikes San Marcos River and inserts “on City Owned Property”; Strikes gig; Leaves the permit requirement

Option 3: Repeals Section 58.068

 

[COSM_Admin]

Responses to Mayor Hughson, provided by City Attorney, Michael Cosentino:
“This was postponed so staff could provide legal information about the changes in gun/weapon/open-carry laws that will take effect on September 1 and any considerations we should/need to take into consideration regarding this ordinance. I don't see that in the packet. Please advise of where that information can be found in the packet.”
Prior to postponement, Council Member Scott did mention the need to revise city ordinances pertaining to the carrying of handguns; however there was no consensus of the city council or direction given. The postponement had more to do with the lateness of the hour and the need to address other items on the city council’s August 3rd agenda than matters of substance regarding the use of spearguns in the San Marcos River. Yes, there will be a need to amend other sections of the San Marcos City Code as a result of changes in state law, effective on September 1, 2021, that will allow the open or concealed carry of handguns by both licensed and unlicensed individuals Staff is currently reviewing those code sections and will bring back proposed code amendments at a future council meeting.

“Should we add "speargun" to Section 58.026 - definitions of weapon?”
That can be addressed when an ordinance amending Section 58.026 is placed on the council’s agenda far consideration. Item #28 is posted for discussion /direction to staff regarding options to amend Section 58.068. Staff recognizes that the definition of “weapon” in Section 58.026 will need to be amended to delete the word “handgun” - along with other code amendments - in order to address the recent changes of in state law.