ORDER #463

STATE OF TEXAS § IN THE COMMISSIONERS COURT

COUNTY OF COMAL §

REGULATIONS FOR THE USE OF COUNTY BOAT RAMPS

WHEREAS, Section 251.151, Texas Transportation Code authorizes the commissioners court of
a county to regulate traffic on a county road or on real property owned by the county; and

WHEREAS, the Comal County Commissioners Court adopted regulations for use of County
Boat Ramps on September 29, 1994; and

WHEREAS, the Comal County Commissioners Court finds that updating the regulations for the
use of County Boat Ramps is necessary.

WHEREAS, the Comal County Commissioners Court finds that restricting the use of County
boat ramps and County roads leading to County boat ramps will allow the County to protect the health,
safety, and welfare of the general public.

NOW, THEREFORE, the Comal County Commissioners Court enters the following order in
multiple parts as follows:

Section 1 – Purpose, Authority, and Administration

1.01 The purpose of this Order is to prescribe rules, regulations and enforcement procedures for public
safety and awareness, applicable to Comal County boat ramps. All other applicable state and
federal laws including the GBRA Water Safety Rules and Regulations Affecting Canyon Lake
are also enforced.

1.02 These regulations are adopted and promulgated under authority vested in the Comal County
Commissioners Court and the laws of the State of Texas, including, but not limited to, Chapter
251, Subchapter E, Transportation Code and Section 615.001, Local Government Code.

1.03 Any peace officer of the state of Texas having jurisdiction within the territorial limits of the
County that is outside the limits of an incorporated city is designated and authorized by the
Commissioners Court to enforce the rules and regulations set forth in this order.

1.04 The County Engineer, with respect to roads and any other property owned by the County, may
place appropriate signs that may be necessary to give persons notice of the requirements of this
order.
Section 2 – Definitions

2.01 County: Comal County, Texas.

2.02 County Road: means a public road, street or highway that is entirely or partially located in an
unincorporated area of the County and that is under County supervision and control.

2.03 County Boat Ramp: “County Boat Ramp” or “County Boat Ramp Area” mean a boat launching
ramp that is maintained as part of the County Unit Road System, including, any floating boat
docks adjacent to or near the launching ramp, and any parking area provided for the
launching ramp.

2.04 Vehicle: means a device that can be used to transport or draw persons or property on a
highway.

2.05 Motor Vehicle: means a self-propelled vehicle.

2.06 Watercraft: means any contrivance used or designed for navigation on the water, including
but not limited to “boat”, “vessel”, “motorboat” or “personal watercraft”, as those terms are
used in the Texas Water Safety Act.

Section 3 – General Rules

3.01 No Advertisements: No commercial notices, signs, or advertisements shall be placed within the
boundaries of the County Boat Ramp Area.

3.02 No Solicitation of business: No person shall engage in or solicit any business within the
boundaries of the County Boat Ramp Area.

3.03 No Loitering, Picnicking, and Camping: No person shall loiter, picnic, or camp within the
boundaries of the County Boat Ramp Area.

3.04 No Fishing: No person shall fish on a County Boat Ramp or in the County Boat Ramp Area.

3.05 No Access to other property: No person shall cross the boundaries of the County Boat Ramp Area
to access private property or property owned by the United States Army Corp of Engineers.

Section 4 – Removal from County Boat Ramp Area

4.01 Any person failing to comply with these Rules and Regulations may be removed from the County
Boat Ramp Area and a criminal trespass warning may be issued, in addition to criminal penalties.

4.02 A court of competent jurisdiction may enjoin a person (or business) from reentry to any County
Boat ramp Area.

4.03 Any vehicle/motor vehicle parked in violation of this Order may be towed at the owner’s
expense.

Section 5 – Criminal Offenses

5.01A The following offense is adopted and will be enforced pursuant to the Water Safety Rules and
Regulations Affecting Canyon Lake promulgated by the Guadalupe-Blanco River Authority:

1. No Swimming from Boat Ramp or Floating Dock: No person may swim or enter the water
from a boat ramp or floating dock within a designated No Wake Area except as may be
necessary to the loading, unloading, inspection and repair of watercraft. These facilities shall
be marked by signs stating “No Swimming From Boat Ramp or Floating Dock”, but the
absence of said signs shall not constitute a defense.

5.01B Penalties under Section 5.01A:

1. A person who violates or fails to comply with this provision commits an offense that is a
Class C Parks and Wildlife Code misdemeanor.

2. An individual adjudged guilty of a Class C Parks and Wildlife Code misdemeanor shall be
punished by a fine of not less than $25.00 no more than $500.00.

5.02A The following offenses are adopted and defined pursuant to Sections 251.151 and 251.156, Texas
Transportation Code and Section 615.001, Texas Local Government Code:

1. Parking on County Boat Ramps: A person commits an offense if the person parks a
vehicle/motor vehicle in a County Boat Ramp Area except in connection with the launching
or retrieving of watercraft from the water and where said vehicle/motor vehicle is parked in
a designated parking space. For purposes of this section only one motor vehicle may be used
in connection with the launching or retrieving of watercraft from the water.

2. Parking in Designated Parking Spaces: A person commits an offense if a person parks a

motor vehicle without a boat trailer in a parking space designated for boat trailer parking. A
person commits an offense if a person parks a motor vehicle with a boat trailer in a parking
space designated for single motor vehicle parking.

3. Parking in a Restricted Traffic Zone: A person commits an offense if a person stops, stands,
or parks a motor vehicle in a restricted traffic zone within the boundaries of a County Boat
Ramp Area. It is presumed that the registered owner of an unattended motor vehicle is the
person who stopped, stood, or parked the vehicle at the time and place the offense occurred.

5.02B Penalties under Section 5.02A:

1. An offense under this section is Class C misdemeanor punishable by a fine not to exceed
$200.00.

2. If conduct that constitutes an offense under this section also constitutes an offense under any
other law, the actor may be prosecuted under this section or the other law.

5.03A The following offense is adopted and defined pursuant to Section 42.03, Texas Penal Code:

1. A person commits an offense if, without legal privilege or authority, the person
intentionally, knowingly, or recklessly:
 a. Obstructs a County Boat Ramp Area or a County road leading to a County Boat
Ramp Area, regardless of the means of creating the obstruction and whether the
obstruction arises from his acts alone or from his acts and the acts of others; or
b. Disobeys a reasonably request or order to move issued by a person the actor
knows to be or is informed is a peace officer, a fireman, or a person with
authority to control the use of a County Boat Ramp Area:

i. To prevent obstruction of a County Boat Ramp Area or County road

leading to a County Boat Ramp Area; or

ii. To maintain public safety by dispersing those gathered in dangerous

proximity to a fire, riot, or other hazard.

2. For purposes of this section, “obstruct” means to render impassable or to render passage
unreasonably inconvenient or hazardous.

5.03B Penalties under Section 5.03A:

1. An offense under this section is a Class B misdemeanor.

Section 6 – Construction, Severability and Effective Date

6.01 By the adoption of this Order, the Comal County Commissioners Court intends to and does
hereby repeal the Order Adopting Regulations for use of County Boat Ramps adopted September
29, 1994, and all amendment and additions thereto.

6.02 If any provision of this Order or the application thereof to any purpose or circumstances is held
invalid, the validity of the remainder of this Order and the application thereof to other persons
and circumstances shall not be affected.

6.03 The provisions of this Order shall be construed liberally to accomplish its purpose. In construing
this Order, all precatory words contained herein shall be deemed mandatory.

6.04 This Order becomes effective on the date of adoption of this Order.
 ADOPTED THIS __TH DAY OF ______, 2021.

_______________________________
Sherman Krause, Comal County Judge

_______________________________ _______________________________
Donna Eccleston, County Commissioner Pct. 1 Scott Haag, County Commissioner Pct. 2

_______________________________ _______________________________
Kevin Webb, County Commissioner Pct. 3 Jen Crownover, County Commissioner Pct. 4

ATTEST: _______________________________
Bobbie Koepp, County Clerk