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Ordinance No. 13,134ORDINANCE NO. 13,134 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 94 "TRAFFIC AND VEHICLES," ARTICLE V "STOPPING, STANDING AND PARKING," DIVISION 2 "PARKING," SECTION 94 -189 "PARKING PROHIBITED ON CERTAIN FRONT YARDS," SUBSECTION (E) "DEFENSES" OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO ADD A DEFENSE BASED UPON LOT COVERAGE AND AVAILABILITY OF CURBSIDE PARKING AND TO REMOVE THF_.' FOUR -HOUR DEFENSE THAT ALLOWED MOTOR VEHICLES, BOATS AND TRAILERS TO BE PARKED ON AN UNIMPROVED SURFACE IN FRONT YARDS OF RESIDENTIAL LOTS; 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 94 "Traffic and Vehicles," Article V "Stopping, Standing and Parking," Division 2 "Parking," Section 94 -189 "Parking prohibited on certain front yards," Subsection (e) "Defenses" 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 -189. - Parking prohibited on certain front yards. (e) Defense. It is a defense to the prohibition in subsection (c)(1) of this section if the lot coverage of the lot, on which the motor vehicle, non - motorized vehicle, or recreational vehicle is parked, equals or exceeds the maximum lot coverage permitted pursuant to the ULDC; and 2. the curbside parking spaces or areas on the street or streets that abut the lot on which motor vehicle, non - motorized vehicle, or recreational vehicle is parked, are insufficient to accommodate the number of motor vehicles, - non - motorized vehicles, or recreational vehicles typically parked within the area. Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other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 NO/ 100 DOLLARS ($500.00). Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. 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 PASSED by the affirmative vo bf the City Council of the City of Baytown, this the 25`h day of February, 2016. r 1!& 7j", W�— - an I T APPROVED AS TO FORM: CIO RAMIREZ, SR., City At y `• COBFSOI '•.LegaliKaren',Files',City Council Orclinances\2016\February 25'.Yard Parking Revisions - Option 2a.docx 0)