Ordinance No. 13,676ORDINANCE NO. 13,676
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)(1) "DISTANCE REQUIREMENTS" AND (K)
"TIME" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO PROHIBIT
LIVE OUTDOOR EXHIBITIONS WITHIN 500 FEET OF A PRIVATE RESIDENCE
AND TO EXTEND THE HOURS OF OPERATION OF SUCH EXHIBITIONS TO
MIDNIGHT; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND
N0/100 DOLLARS ($500.00); PROVIDING A REPEALING CLAUSE; CONTAINING
A SAVINGS CLAUSE; 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 42 "Health and Sanitation," Article V "Live Outdoor Exhibitions,"
Section 42-286 "Permit required," Subsection (e)(1) 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.
(1) Except as provided in subsection (e)(2), a person may not conduct or operate a live
outdoor performance, exhibition, carnival or circus within:
a. 500 feet of a private residence that such person has no right to occupy or
b. 500 feet of property used as a school, hospital or church.
Section 2: That Chapter 42 "Health and Sanitation," Article V "Live Outdoor Exhibitions,"
Section 42-286 "Permit required," Subsection (k) "Time" 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.
(k) Time. Any live outdoor performance, exhibition, carnival or circus may be operated only between
the hours of 9:00 a.m. and 12:00 a.m. daily except on Sunday, on which day such shows shall
only operate between the hours of 1:00 p.m. and 12:00 a.m.
Section 3: 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. 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 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: 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 of t"' City Council of the City of
Baytown, this the 11 w day of January, 2018. 7 i1
S'YEP�-?H1. DONCARLOS, Mayor
A EST:
4
LETICIA BRYSCH C' y lerk
APPROVED AS TO FORM:°
NACIO RAMIREZ, SR., CO
Attomey
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