Ordinance No. 12,825ORDINANCE NO. 12,825
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 34 "ENVIRONMENT," ARTICLE VII "NOISE,"
DIVISION 1 "GENERALLY," SECTIONS 34 -361 "DEFINITIONS" AND 34 -365
"SPECIFIC PROHIBITIONS" OF THE CODE OF ORDINANCES, BAYTOWN,
TEXAS, TO INCLUDE A DEFINITION FOR "ENGINE- EXHAUST BRAKING
SYSTEM" AND TO PROHIBIT THE USE OF ENGINE - EXHAUST BRAKING
SYSTEMS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND
N01100 DOLLARS ($2,000.00); AND PROVIDING FOR THE PUBLICATION
AND EFFECTIVE DATE THEREOF.
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WHEREAS, the City Council of the City of Baytown, Texas seeks to protect the public
safety, preserve the quality of life, and prevent nuisances in the City; and
WHEREAS, the City Council finds that the practice of engine braking by diesel trucks,
sometimes referred to in common nomenclature as ` jake braking," creates disturbing, unreasonable
and offensive noise when it occurs within the city limits; and
WHEREAS, the City Council finds it to be reasonable and necessary to amend Chapter 34 to
regulate diesel engine braking; NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That all matters and facts set forth in the recitals hereinabove are found to be true
and such recitals are hereby approved and made a part of this ordinance for all purposes and are
adopted as a part of the judgment and findings by the City Council of the City of Baytown, Texas.
Section 2: That Chapter 34 `Environment," Article VII "Noise," Division 1 "Generally,"
Sections 34 -361 "Definitions" of the Code of Ordinances, Baytown, Texas, is hereby amended to
include a definition of the term "engine- exhaust braking system," which definition shall read as
follows:
CHAPTER 34. ENVIRONMENT
ARTICLE VII. NOISE
DIVISION 1. GENERALLY
Sec. 34 -361. Definitions.
As used in this article, the following words and terms shall have the meanings ascribed to
them in this section, unless the context of their usage clearly indicates another meaning:
Engine- exhaust braking system shall mean a compression release engine brake device which
converts diesel engine power into an air compressor and when engaged operates to slow the vehicle.
Section 3: That Chapter 34 "Environment," Article VII `Noise," Division 1 "Generally,"
Sections 34 -365 "Specific prohibitions" of the Code of Ordinances, Baytown, Texas, is hereby
amended to add a new subsection to be numbered and entitled subsection (8) "Engine- exhaust
braking," which subsection shall read as follows:
CHAPTER 34. ENVIRONMENT
ARTICLE VII. NOISE
DIVISION 1. GENERALLY
Sec. 34 -365. Specific prohibitions.
The following acts, among others, are declared to be loud, disturbing or unnecessary noises
in violation of this article but such enumeration shall not be construed to be exclusive of other noises:
(8) Engine - exhaust braking. The use of an engine - exhaust braking system while
operating a motor vehicle.
Section 4: 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 5: 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 6: 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 TWO
THOUSAND AND NO /100 DOLLARS ($2,000.00). 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 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 affirmative vote re City Council of the City
of Baytown, this the 91h day of April, 2015.
. DONCARLOS,A4ayor
ATTEST:
CIA BRYSCH,
APPROVED AS TO FORM:
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Wi�ACIO RAMIREZ, SR., Cit ttorney
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