Ordinance No. 15,463 ORDINANCE NO. 15,463
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,
AMENDING THE CODE OF ORDINANCES, BAYTOWN, TEXAS, CHAPTER 74,
"PEDDLERS AND SOLICITORS," ARTICLE II "ITINERANT MERCHANTS AND
OPEN AIR VENDORS," DIVISION 1 "GENERALLY," SECTION 74-26,
"DEFINITIONS;" AMENDING CHAPTER 74, "PEDDLERS AND SOLICITORS,"
ARTICLE II "ITINERANT MERCHANTS AND OPEN AIR VENDORS," DIVISION 1
"GENERALLY," SECTION 74-28, "EXEMPTIONS FROM ARTICLE;" AMENDING
CHAPTER 74, "PEDDLERS AND SOLICITORS," ARTICLE II "ITINERANT
MERCHANTS AND OPEN AIR VENDORS,"DIVISION 1 "GENERALLY," SECTION
74-30, "VIOLATIONS;" AMENDING CHAPTER 74, "PEDDLERS AND
SOLICITORS," ARTICLE II "ITINERANT MERCHANTS AND OPEN AIR
VENDORS," DIVISION 1 "GENERALLY," SECTION 74-32, "HOURS" TO DELETE
SUBSECTION(C)IN ITS ENTIRETY;AMENDING CHAPTER 74,"PEDDLERS AND
SOLICITORS," ARTICLE II "ITINERANT MERCHANTS AND OPEN AIR
VENDORS," DIVISION i "GENERALLY," SECTION 74-33, "GENERAL
PROHIBITIONS;" AMENDING CHAPTER 74, "PEDDLERS AND SOLICITORS,"
ARTICLE II "ITINERANT MERCHANTS AND OPEN AIR VENDORS," DIVISION 2
"LICENSE," SECTION 74-61, "REQUIRED;" AMENDING CHAPTER 74,
"PEDDLERS AND SOLICITORS," ARTICLE II "ITINERANT MERCHANTS AND
OPEN AIR VENDORS," DIVISION 2 "LICENSE," SECTION 74-62, "APPLICATION
FOR LICENSE" TO DELETE SUBSECTION (B) IN ITS ENTIRETY; AMENDING
CHAPTER 74, "PEDDLERS AND SOLICITORS," ARTICLE 11 "ITINERANT
MERCHANTS AND OPEN AIR VENDORS,"DIVISION 2"LICENSE," SECTION 74-
63,"FEE;BOND;" SUBSECTION(A);AMENDING CHAPTER 74,"PEDDLERS AND
SOLICITORS," ARTICLE II "ITINERANT MERCHANTS AND OPEN AIR
VENDORS," DIVISION 2 "LICENSE," SECTION 74-65, "ISSUANCE;" AMENDING
CHAPTER 74, "PEDDLERS AND SOLICITORS," ARTICLE H "ITINERANT
MERCHANTS AND OPEN AIR VENDORS,"DIVISION 2"LICENSE," SECTION 74-
66, "REVOCATION;" TO DELETE SUBSECTIONS (2) AND (6) IN THEIR
ENTIRETY; AMENDING CHAPTER 74, "PEDDLERS AND SOLICITORS,"
ARTICLE II "ITINERANT MERCHANTS AND OPEN AIR VENDORS," DIVISION 2
"LICENSE," SECTION 74-68, "DISPLAY;" AMENDING CHAPTER 74, "PEDDLERS
AND SOLICITORS," ARTICLE II "ITINERANT MERCHANTS AND OPEN AIR
VENDORS," DIVISION 2 "LICENSE," SECTION 74-69, "DURATION,"TO DELETE
SUBSECTION (B) IN ITS ENTIRETY; AMENDING ARTICLE II "ITINERANT
MERCHANTS AND OPEN AIR VENDORS,"DIVISION 2 "LICENSE," SECTION 74-
70, "TRANSFERABILITY; EFFECT," PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF
FIVE HUNDRED AND NO/100 DOLLARS ($500.00); AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: That Chapter 74,"Peddlers and Solicitors,"Article 11"Itinerant Merchants and Open
Air Vendors,"Division I "Generally," Section 74-26, "Definitions," of the Code of Ordinances, Baytown,
Texas,is hereby amended to read as follows:
CHAPTER 74.PEDDLERS AND SOLICITORS
ARTICLE 11.ITINERANT MERCHANTS AND OPEN AIR VENDORS
DIVISION 1. GENERALLY
Sec. 74-26. Definitions.
Person or entity means any individual,corporation, company, foundation,association,labor organization,
firm,partnership,society,joint stock company,group of organizations,or state or local government.
Section 2: That Chapter 74,"Peddlers and Solicitors,"Article II"Itinerant Merchants and Open
Air Vendors," Division 1 "Generally," Section 74-28, "Exemptions from article," of the Code of
Ordinances,Baytown,Texas,is hereby amended to read as follows:
CHAPTER 74.PEDDLERS AND SOLICITORS
ARTICLE II.ITINERANT MERCHANTS AND OPEN AIR VENDORS
DIVISION 1.GENERALLY
Sec. 74-28.Exemptions from article.
(3) Outdoor sales of animals for a commercial purpose in accordance with chapter 14 of this Code.
Section 3: That Chapter 74,"Peddlers and Solicitors,"Article 11"Itinerant Merchants and Open
Air Vendors," Division I "Generally," Section 74-30, "Violations," of the Code of Ordinances, Baytown,
Texas,is hereby amended to read as follows:
CHAPTER 74.PEDDLERS AND SOLICITORS
ARTICLE 11. ITINERANT MERCHANTS AND OPEN AIR VENDORS
DIVISION 1.GENERALLY
Sec. 74-30.Violations.
Any person violating any section of this article shall, upon conviction, be fined as provided in
section 1-14;provided the minimum fine shall be$200.00. Each sale, offer for sale,exhibition for purpose
of sale or exhibition for the purpose of taking orders for the sale thereof in violation of this article shall
constitute a separate offense. As to any landowner, tenant or agent referenced in section 74-33(d), each
sale,offer for sale,exhibition for purpose of sale or exhibition for the purpose of taking orders for the sale
thereof by any person the landowner, tenant, or agent allowed or authorized to engage in any activity
described in the definition of"open air vendor" in section 74-26 shall constitute a separate offense.
Section 4: That Chapter 74,"Peddlers and Solicitors,"Article II"Itinerant Merchants and Open
Air Vendors," Division 1 "Generally," Section 74-32, "Hours," Subsection (c)of the Code of Ordinances,
Baytown,Texas,is hereby deleted in its entirety.
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Section 5: That Chapter 74,"Peddlers and Solicitors,"Article II"Itinerant Merchants and Open
Air Vendors,"Division 1 "Generally," Section 74-33,"General prohibitions,"is hereby amended to read as
follows:
CHAPTER 74.PEDDLERS AND SOLICITORS
ARTICLE H.ITINERANT MERCHANTS AND OPEN AIR VENDORS
DIVISION 1.GENERALLY
Sec.74-33.General prohibitions.
(a) No itinerant merchant shall use or attempt to use any entrance other than the front or main entrance to
a structure,or step from the sidewalk or indicated walkway,where one exists, leading from the right-
of-way to the front or main entrance of the structure, except by express invitation of the resident or
occupant of the property.
(b) An itinerant merchant shall not,without effective consent,
(1) Solicit,sell or offer for sale any goods,merchandise or service or
(2) Exhibit goods or merchandise for sale or for the purpose of taking orders for sale at a home or
residence at any time when a sign is posted on the property or at the entrance to the
residence, is reasonably likely to come to the attention of the itinerant merchant, and
indicates that entry or solicitation is forbidden.
(c) It shall be unlawful for any person to engage in any activity described in the definition of'open air
vendor" in section 74-26.
(d) It shall be unlawful for any landowner, tenant, or any agent of a landowner or tenant, to allow or
otherwise authorize, any person to engage in any activity described in the definition of 'open air
vendor"in section 74-26.
Section 6: That Chapter 74,"Peddlers and Solicitors,"Article II"Itinerant Merchants and Open
Air Vendors," Division 2 "License," Section 74-61, "Required," of the Code of Ordinances, Baytown,
Texas,is hereby amended to read as follows:
CHAPTER 74.PEDDLERS AND SOLICITORS
ARTICLE H.ITINERANT MERCHANTS AND OPEN AIR VENDORS
DIVISION 2.LICENSE
Sec.74-61.Required.
(a) Except as provided in subsection(b) of this section,it shall be unlawful for any person to engage in
any activity of an itinerant merchant described in section 74-26 without having applied for and
obtained a license issued by the director.
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(b) No license shall be required of any person while such person is a registered participant in an official,
city-sponsored event.
Section 7: That Chapter 74,"Peddlers and Solicitors,"Article II"Itinerant Merchants and Open
Air Vendors,"Division 2"License," Section 74-62"Application for license,"Subsection(b)of the Code of
Ordinances,Baytown,Texas,is hereby deleted in its entirety.
Section 8: That Chapter 74,"Peddlers and Solicitors,"Article II"Itinerant Merchants and Open
Air Vendors,"Division 2"License," Section 74-63 "Fee;bond,"Subsection(a)of the Code of Ordinances,
Baytown,Texas,is hereby amended to read as follows:
CHAPTER 74.PEDDLERS AND SOLICITORS
ARTICLE II.ITINERANT MERCHANTS AND OPEN AIR VENDORS
DIVISION 2.LICENSE
Sec.74-63.Fee; bond.
(a) Application fees.The fees specified in this subsection shall be used to defray expenses incident to the
issuing of licenses.
(1) Itinerant merchant license. Simultaneously with the filing of the application for an itinerant
merchant license, the applicant shall file with the city a nonrefundable fee in the amount of
$15.00.
(2) Replacement licenses.The fee for the replacement of a license shall be the same fee prescribed
in subsection(a)(1).
Section 9: That Chapter 74,"Peddlers and Solicitors,"Article II"Itinerant Merchants and Open
Air Vendors,"Division 2"License,"Section 74-65,"Issuance,"of the Code of Ordinances,Baytown,Texas,
is hereby amended to read as follows:
CHAPTER 74.PEDDLERS AND SOLICITORS
ARTICLE H.ITINERANT MERCHANTS AND OPEN AIR VENDORS
DIVISION 2. LICENSE
Sec.74-65.Issuance.
The director shall issue to any person a license authorizing the merchant to sell,exhibit for sale,offer
for sale or exhibit for the purpose of taking orders for the sale thereof, in the city,its goods, merchandise,
or service after such person has fully complied with all appropriate provisions of this article, paid the
prescribed fee and posted the required bond.
Section 10: That Chapter 74,"Peddlers and Solicitors,"Article II"Itinerant Merchants and Open
Air Vendors," Division 2 "License," Section 74-66, "Revocation," Subsections (2) and (6) of the Code of
Ordinances,Baytown,Texas,are hereby deleted in their entirety.
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Section 11: That Chapter 74,"Peddlers and Solicitors,"Article II"Itinerant Merchants and Open
Air Vendors,"Division 2"License,"Section 74-68,"Display,"of the Code of Ordinances,Baytown,Texas,
is hereby amended to read as follows:
CHAPTER 74.PEDDLERS AND SOLICITORS
ARTICLE II.ITINERANT MERCHANTS AND OPEN AIR VENDORS
DIVISION 2.LICENSE
Sec. 74.68.Display.
(a) It shall be unlawful for any person to engage in any activity for which a license is required by this
division unless he prominently displays the license on his person.
(b) The license shall remain displayed as long as any goods, merchandise, or services are being sold or
exhibited.
Section 12: That Chapter 74, "Peddlers and Solicitors,"Article 11"Itinerant Merchants and Open
Air Vendors,"Division 2"License," Section 74-69, "Duration," Subsection(b)of the Code of Ordinances,
Baytown,Texas,is hereby deleted in its entirety.
Section 13: That Chapter 74,"Peddlers and Solicitors,"Article II"Itinerant Merchants and Open
Air Vendors," Division 2 "License," Section 74-70, "Transferability; effect," of the Code of Ordinances,
Baytown,Texas,is hereby amended to read as follows:
CHAPTER 74.PEDDLERS AND SOLICITORS
ARTICLE II. ITINERANT MERCHANTS AND OPEN AIR VENDORS
DIVISION 2.LICENSE
Sec.74-70.Transferability; effect.
A license issued under this division shall not be transferable nor shall it give authority to more than
one person to conduct a business as an itinerant merchant.
Section 14: If any provision, section, exception, subsection, paragraph, sentence, clause or
phrase of this ordinance or the application of same to any person or set of circumstances shall for any reason
be held unconstitutional, void, or invalid, such invalidity shall not affect the validity of the remaining
provisions of this ordinance or their application to other persons or sets of circumstances; and to this end,
all provisions of this ordinance are declared to be severable.
Section 15: Any person who fails to comply with any provision of this ordinance shall be guilty
of a misdemeanor and,upon conviction,shall be punished by a fine not exceeding FIVE HUNDRED AND
NO1100 DOLLARS ($500.00). Each act of violation and each day upon which any such violation shall
occur shall constitute a separate offense. In addition to the penalty prescribed above,the city may pursue
other remedies such as abatement of nuisances,injunctive relief,administrative adjudication and revocation
of licenses or permits.
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Section 16: This ordinance shall take effect from and after ten(10)days from its passage by the
City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this
ordinance to be published in the official newspaper of the City of Baytown at least twice within ten (10)
days after passage of this ordinance.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of
Baytown this the 25'day of May,2023. LL
16NITOWv BRANDON CAPETILLO,L?vor
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r' e^
ANGELA JA SON,Ci
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APPROVED AS TO O
D,City Attorney
Rr.Karen Anderson%ORDINANCES12 02 312 02 3.05.25\5 Lemond',Ch 74 Amendment(Rev 05.09.2023).docx
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