Martindale ‘can ban’ vote tonight

A proposed can ban returns to the Martindale City Council agenda tonight, along with the creation of the Martindale San Marcos River Advisory Board.

Council is expected to consider and take action on an ordinance that would ban all disposable containers on the San Marcos River. The ordinance also would declare “a public nuisance, within the city limits and extraterritorial jurisdiction,” and provide for penalties. 

Martindale has contemplated a can ban for some time, but has waited to see how a similar ordinance in New Braunfels fared in the court system. The New Braunfels can ban was ruled unconstitutional in 2014, but in May an appeals court overturned that decision and the city reinstated the ban over the summer. 

In Martindale, questions have arisen about enforcement, since most of the tubing and drinking activity on the river is in the extraterritorial jurisdiction (ETJ). At an October council meeting, Martindale Police Chief Harry Juergens told council that if he wrote a ticket within the ETJ, it would go to a court that would kick the ticket back to the Martindale Municipal Court, which would not be able to do anything with the ticket because it was written outside the city limits.

Council member Mike McClabb noted that enacting a can ban within the city limits — which Juergens said would affect the river from the second house in River Bend Estates to south of the Farm-to-Market Road 1979 bridge — would help protect Martindale from future problems with heavy tubing traffic. 

Council is also expected to discuss and take action on an ordinance establishing the Martindale San Marcos River Advisory Board and to name members to the board. That agenda item, along with the canvassing of the Nov. 6 special election results, are held over from a special meeting that was scheduled for Nov. 12 at which council failed to have a quorum. 

Tonight’s Martindale council meeting will start at 6:30 at the Martindale City Hall Meeting Room, 407 Main St.