Ordinance No. 13,497ORDINANCE NO. 13,497
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 42 "HEALTH AND SANITATION," ARTICLE V "LIVE
OUTDOOR EXHIBITIONS," SECTION 42-286 "PERMIT REQUIRED" BY
AMENDING SUBSECTIONS (E) "DISTANCE REQUIREMENTS" AND (N)
"EXCEPTION" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO
EXEMPT EVENTS HELD AT TOWN SQUARE FROM THE ORDINANCE'S
REQUIREMENTS; PROVIDING A REPEALING CLAUSE; CONTAINING A
SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That Chapter 42 "Health and Sanitation," Article V "Live Outdoor Exhibitions,"
Section 42-286 "Permit required," Subsection (e)(2) of the Code of Ordinances, Baytown, Texas, is
hereby amended to read as follows:
CHAPTER 42. HEALTH AND SANITATION
ARTICLE V. LIVE OUTDOOR EXHIBITIONS
Sec. 42-286. Permit required.
(e) Distance requirements.
(2) The distance requirements specified in subsection (e)(1) shall not apply to a live
outdoor performance, exhibition, carnival or circus.
a. Held by a church, school, school organization, hospital, or governmental
entity and operated on church, school, hospital, or governmental entity
grounds; or
b. Held at Bicentennial Park.
Section 2: That Chapter 42 "Health and Sanitation," Article V "Live Outdoor Exhibitions,"
Section 42-286 "Permit required," Subsection (n) "Exemption" of the Code of Ordinances, Baytown,
Texas, is hereby renamed as Subsection (n) `Exceptions" and amended to read as follows:
CHAPTER 42. HEALTH AND SANITATION
ARTICLE V. LIVE OUTDOOR EXHIBITIONS
Sec. 42-286. Permit required.
(n) Exceptions. It is an exception to the application of this section if the live outdoor exhibition
is:
(1) A promotional event held by and for a commercial establishment within the city if
the promotional event is:
a. On the same property from which the commercial establishment conducts
business within a structure for which a certificate of occupancy has been
issued by the chief building official of the city; and
b. On no more than two calendar days a year.
(2) Held at Town Square and if Town Square has been specifically reserved for the live
outdoor exhibition through the Parks and Recreation Department.
Section 3: 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ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such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 4: 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 5: This ordinance shall take effect from and after its passage by the City Council.
INTRODUCED, READ, and PASSED by the affirmative vote
Baytown, this the 6h day of July, 2017.
ATT ST:
L TICIA BRYSCH, City N&k
APPROVED AS TO FORM:
NACIO RAMIREZ, S ., ty Attorney
City Council of the City of
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