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Ordinance No. 12,784ORDINANCE NO. 12,784 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 94 "TRAFFIC AND VEHICLES," ARTICLE V "STOPPING, STANDING AND PARKING," DIVISION 2 "PARKING," SECTION 94 -182 "PROHIBITED FOR CERTAIN VEHICLES AND PURPOSES," SUBSECTIONS (B)(4) AND (D) OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; REPEALING CHAPTER 94 "TRAFFIC AND VEHICLES," ARTICLE V "STOPPING, STANDING AND PARKING," DIVISION 2 "PARKING," SECTION 94 -182 "PROHIBITED FOR CERTAIN VEHICLES AND PURPOSES," SUBSECTION (C)(3) OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; TO REVISE THE REGULATIONS FOR ON- STREET PARKING OF RECREATIONAL VEHICLES AND NON - MOTORIZED VEHICLES; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO /100 DOLLARS ($500.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; 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 94 "Traffic and Vehicles," Article V "Stopping, Standing and Parking," Division 2 "Parking," Section 94 -182 "Prohibited for certain vehicles and purposes," subsection (b)(4) of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows: CHAPTER 94. TRAFFIC AND VEHICLES ARTICLE V. STOPPING, STANDING AND PARKING DIVISION 2. PARKING Sec. 94 -182. Prohibited for certain vehicles and purposes. (b) Offenses. (4) A person commits an offense if he stops, stands or parks a recreational vehicle as defined in section 58 -1 of this code on a public street, whether occupied or not. Section 2: That Chapter 94 "Traffic and Vehicles," Article V "Stopping, Standing and Parking," Division 2 "Parking," Section 94 -182 "Prohibited for certain vehicles and purposes," subsection (c)(3) of the Code of Ordinances, Baytown, Texas, is hereby repealed in its entirety. Section 3: That Chapter 94 "Traffic and Vehicles," Article V "Stopping, Standing and Parking," Division 2 "Parking," Section 94 -182 "Prohibited for certain vehicles and purposes," subsection (d)(1) of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows: CHAPTER 94. TRAFFIC AND VEHICLES ARTICLE V. STOPPING, STANDING AND PARKING DIVISION 2. PARKING Sec. 94 -182. Prohibited for certain vehicles and purposes. (d) Exceptions. (1) It is an exception to the enforcement of subsection (b)(4) of this section if: a. The recreational vehicle is currently licensed for highway travel: b. The street has sufficient width for traffic movement at the parking site; C. No driveway exits or conflicts across the street from the parking site; d. The recreational vehicle has adequate reflective devices on the street side; and e. The recreational vehicle has been so parked for less than 6 hours. Section 3: That Chapter 94 "Traffic and Vehicles," Article V "Stopping, Standing and Parking," Division 2 "Parking," Section 94 -182 "Prohibited for certain vehicles and purposes" of the Code of Ordinances, Baytown, Texas, is hereby amended to add a new subsection to be numbered (d)(3) to read as follows: CHAPTER 94. TRAFFIC AND VEHICLES ARTICLE V. STOPPING, STANDING AND PARKING DIVISION 2. PARKING Sec. 94 -182. Prohibited for certain vehicles and purposes. (d) Exceptions. (3) It is an exception to the enforcement of subsection (b)(6) of this section if: 2 a. The non - motorized vehicle is currently licensed for highway travel; b. The street has sufficient width for traffic movement at the parking site; C. No driveway exits or conflicts across the street from the parking site; d. The non - motorized vehicle has adequate reflective devices on the street side; and e. The non - motorized vehicle is parked on a public street: Between the hours of 7:00 a.m. and 9:00 p.m.; 2. While: i. the non - motorized vehicle is being loaded or unloaded or ii. equipment or materials transported by the non - motorized vehicle is being used at the site. Section 4: 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 N01100 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. Section 5: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 6: If any provision, section, exception, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or the 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 7: 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 City of Baytown, this the 121h day of February, 2015. S ATT T: LETICIA BRYSCH, City erk APPROVED AS TO FORM: ACIO RAMIREZ, SR., City A ey R:".. Karen %Files' +City Council +.Ordinances\2015\February 12',RVParking0rdinance.docx of the City Council of the DONCARLOS, Mayor ON y: •��, Q• • • .. j S' r � T mow` n