(A) As of the date of enactment of this chapter, the public beach area within the city limits and extraterritorial jurisdiction of Port Isabel North is vehicular access controlled by the county. Pedestrian access to the beach across private property is largely unrestricted. Pedestrian and vehicular access is provided at Beach Access points No. 4, No. 5 and No. 6. Entrance fees ($3) are collected on a per-vehicle basis from Beach Access points No. 5 and No. 6. There is no charge for pedestrian access. Signage for parking and access is provided by the county. A map of the access system showing existing access points is attached to Ordinance 663 hereto as Exhibit A, a copy of which is available in the office of the City Secretary. A status of beach access is attached to Ordinance 663 hereto as Exhibit B, a copy of which is available in the office of the City Secretary.
(B) The city shall regulate pedestrian beach access, traffic and parking on or near the beach in a manner that preserves or enhances the public right to use and have access to and from the beach.
(C) No construction activity or development in the area described in Tex. Natural Resources Code § 61.011(d)(6) shall be allowed to interfere with or diminish any existing, designated or proposed access for pedestrian passage or vehicular parking area.
(D) The city shall not abandon, relinquish or convey any right, title, easement, right-of-way, street, path or other interest that provides existing or potential beach access, unless an alternative equivalent or better beach access is provided for by the city.
(E) Beach maintenance activities which would materially weaken sand dunes or dune vegetation or reduce the protective function of dunes is prohibited. Beach maintenance activities which will result in a significant redistribution of sand or which will significantly alter the beach profile or the line of vegetation are prohibited. All sand moved or redistributed from beach maintenance activities shall be returned to the area between the line of vegetation and the mean high tide.
(F) The city shall not cause or allow any sign, marker or warning to be displayed on a public beach which indicates that the public beach is private property, or which would interfere with legal public access to or from the public beach.
(G) As of the date of enactment of this chapter, the public beach area within the city limits of Port Isabel South is located within Isla Blanca Park, a park owned and operated by the county. Pedestrian entrance to the park and access to the beach is free of charge. Vehicular access is provided at the entrance. Entrance fees ($4) are collected on a per-vehicle basis by the county. Vehicle parking, restroom facilities and recreational facilities are abundant. Access to the beach is unobstructed. The city will require and apply the rules, as outlined above in this section, to Isla Blanca Park and all other areas within the city's extraterritorial jurisdiction.
(Ord. 663, passed 2-22-2005)