§ 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;

(1)

Upon East Beach, being that beach area ex-tending from the most easterly city limits to the easterly property line of the East Beach Corporation, at all times.

(2)

Upon the beaches of the East Beach Corp-oration property, same being those beaches extending from East Beach to Stewart Beach, at all times.

(3)

Upon Stewart Beach, at all times.

(4)

Upon the beach extending from Stewart Beach to 35th Street, at all times.

(5)

Upon the beach extending from 35th Street to 57th Street, at all times.

(6)

Upon the beach extending from 61st Street to the end of the seawall structure, at all times.

(7)

From the westerly end of the Seawall structure to San Luis Pass with the following exception, safe vehicle driving done in a manner that will not disturb, damage or destroy wildlife or dune structures from the bollards marking the eastern boundary of Access Point 33 to the easterly groundline of San Luis Bridge.

(8)

Effective July 15, 1990, that area in Sunny Beach, Access Location number 4, which is posted by bollards placed by city officials is open for vehicle access and parking.

(9)

Effective July 15, 1990, that area in Sea Isle, Access Locations number 27 and number 28,which are posted by bollards placed by city officials is open for vehicle access and parking.

(10)

Effective July 15, 1990, that area at 10-Mile Road, Access Location number 7, which is posted by bollards placed by city officials is open for vehicle access and parking.

(11)

Effective July 15, 1990, that area in Gulf Palms, Access Location number 19, which is posted by bollards placed by city officials is open for vehicle access and parking.

(12)

Effective June 28, 1990, that area at 15-Mile Road, Access Location number 17, which is posted by bollards placed by city officials is open for vehicle access and parking.

(13)

Effective June 28, 1990, that area at Isla Del Sol, Access Location number 30, which is designated by signage is an off-beach parking area.

(14)

Effective June 28, 1990, that area at East Bay Harbour, Access Location number 32, which is designated by signage is an off-beach parking area.

(15)

At that area at Bay Harbour, Access Location number 33, except which is posted by bollards placed by city officials is open for vehicle parking on-beach.

(16)

Effective September 13, 1990, that area at 11-Mile Road, Access Location number 11, which is posted by bollards placed by city officials is open for vehicle access and parking.

(17)

Effective November 8, 1990, that area at Palm Beach, Access Location number 13, which is designated by signage is open for vehicle access and parking along the streets as designated.

(18)

Effective November 8, 1990, that area at 13-Mile Road, Access Location number 15, which is posted by bollards placed by city officials is open for vehicle access and parking.

(19)

Effective November 8, 1990, that area at Karankawa, Access Location number 21, which is designated by signage is open for vehicle access and parking along the streets as designated.

(20)

Effective November 8, 1990, that area at Indian Beach, Access Location number 23, which is designated by signage is open for vehicle access and parking along the streets as designated.

(21)

Effective November 8, 1990, that area at Kahala, Access Location number 24, which is designated by signage. Beach access and parking is permitted at 18-Mile Road Park, Access Locations number 25 and number 26.

(22)

Effective November 8, 1990, that area at Terramar, Access Location number 31,which is designated by signage is open for vehicle access and parking along the streets as designated.

(23)

Effective November 8, 1990, that area at Point San Luis, Access Location number 34, which is designated by signage is an off-beach parking area.

(24)

Effective November 8, 1990, that area of San Luis Pass, Access Location number 37, which is designated by signage is an off-beach parking area.

(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.

(26)

Effective September 12, 1991, that area at Spanish Grant Subdivision, Access Location number 8, which is posted by bollards placed by city officials is open for vehicle access and parking and parking along the streets in designated areas.

(27)

At that area of Point San Luis, Access Location number 36, except which is designated by signage is an off-beach and on-beach parking area.

(28)

At that area of Point San Luis, Access Location number 35, except which is designated by signage is an off-beach and on-beach parking area.

(29)

At that area at 18-Mile Road, Access Location number 25A, except which is designated by signage is an off-beach parking area.

(30)

At that area at Westshore Subdivision, Access Location number 25B, except which is designated by signage is an off-beach parking area.

(31)

At that area between Westshore Subdivision and Gateway Boulevard, Access Location number 25C, except which is designated by signage is an off-beach parking area.

(32)

At that area at Gateway Boulevard, Access Location number 25D, except which is designated by signage is an off-beach parking area.

(b)

Police and traffic regulations. The police department and the director of traffic are herein authorized to take whatever measures that are reasonably necessary to regulate the flow of traffic as to ensure safety of pedestrians and bathers therein including but not limited to restricting areas for swimming due to dangerous currents.

(c)

Right-of-way. Pedestrians and bathers shall have the right-of-way and vehicles shall stop and allow pedestrians to cross to and from the beach.

(d)

Reserved.

(e)

Parking/traveling near gulf. No vehicle may travel or park closer than twenty-five (25) feet from the Gulf of Mexico.

(f)

Parking/traveling near dune line. No vehicle may travel or park within ten (10) feet of the dune line.

(g)

Prohibition on signage. There is herein. prohibited within the corporate limits of the City of Galveston any sign that states "private beach" and "no public access to a beach" or words to that effect without the written consent of the director of planning.

(h)

Obstructions. No obstruction can be placed on or remain at the end of any public street or easement leading to the beach without the written consent of the director of planning.

(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).

(j)

Defense. It will be a defense to the prosecution under this chapter if there is an affirmative showing that a person has been denied reasonable public access to the beach as defined under the Natural Resources Code, V.A.T.C.S. Prior to presenting this defense, three (3) days' written notice of the events of the defense must be given to the City of Galveston's city attorney's office.

(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.

(l)

Definitions. For purposes of this section, the following words shall have the following meanings:

(1)

Line of vegetation means the extreme seaward boundary of natural vegetation which spreads continuously inland, as provided in Section 61.001, Natural Resources Code.

(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.

(3)

Public beach means any beach area, extending inland from the seaward shore of the Gulf of Mexico to the line of vegetation, as provided in Sections 61.121 and 61.001, Natural Resources Code.

(4)

Surrey means any nonmotorized recreational vehicle with four (4) or more wheels and with a wheel base in excess of twenty-four (24) inches, with or without a canopy, and without regard to number or placement of seats it contains, in, upon or by which any person or property is or may be transported or drawn upon a highway.

(5)

Rental cycle means any nonmotorized vehicle with two (2) or more wheels without regard to the number or placement of seats it contains, in, upon, or by which any person or property is or may be transported or drawn upon a highway, to include but not be limited to a bicycle, three-wheeled cycle, or surrey.

(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.;

(3)

Vehicles and trailers used by commercial fishermen while actively engaged in bona fide fishing activities in waters adjacent to said public beaches; however, any such commercial fishermen must have in his possession a valid and current permit duly issued by the City of Galveston authorizing such vehicles to be operated upon the beach. To obtain such a permit, the applicant must show the following licenses issued to him by state department of parks and wildlife, all of which must be current and valid:

a.

Gulf shrimping license;

b.

Commercial fishing license;

c.

Commercial fishing boat license;

d.

Seine tags.

(Code 1960, §§ 4-6.1—4-6.6 ; Ord. No. 79-70. § 2, 9-13-79; Ord. No. 81-93, § 2, 10-1-81; Ord. No. 83-111, § 1, 10-27-83; Ord. No. 87-30, § 1, 5-7-87; Ord. No. 88-66, § 1, 7-28-88; Ord. No. 89-31, § 2, 3-2-89; Ord. No. 90-10, § 3, 3-8-90; Ord. No. 90-63, § 3, 9-13-90; Ord. No. 90-79, § 3, 11-8-90; Ord. No. 91-24, § 3, 3-14-91; Ord. No. 91-66, § 3, 11-8-90; Ord. No. 91-67, § 3, 9-12-91; Ord. No. 92-07, § 2, 1-23-92; Ord. No. 93-53, §§ 3, 4, 5-27-93; Ord. No. 93-67, § 2, 7-8-93; Ord. No. 03-100, § 3, 10-9-03)