Ordinance No. 13,030ORDINANCE NO. 13 ,030
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS , AMENDING 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, TO
PROVIDE AN EXCEPTION FOR EVENTS HELD AT TOWN SQUARE;
PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED
AND N0/100 DOLLARS ($500.00); AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: 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.
This article shall not apply to:
(1) sales made to dealers by commercial travelers or sales agents in the usual course
of business calling upon or dealing with manufacturers , wholesalers , distributors
or retailers at their places of business; or
(2) sales made by mobile food vendors licensed in accordance with chapter 42 of this
code.
Section 2: 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ordinance are hereby repealed ; provided, however , that such repeal shall be only to the extent of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 3: 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 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 N0/1 00 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: 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 PASS ED by the affirmative v · e of the City Council of the
City of Baytown, this the 16th day of November, 2015.
APPROVED AS TO FORM:
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