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Ordinance No. 13,950ORDINANCE NO. 13,950 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 70 "PARKS AND RECREATION," SECTION 70-8 "ALCOHOLIC BEVERAGES" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO EXEMPT THE CLUBHOUSE AT EVERGREEN PARK FROM THE PROHIBITION OF ALCOHOLIC BEVERAGES IN CITY PARKS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXMUM PENALTY OF FIVE HUNDRED AND N0/100 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 70 "Parks and Recreation," Section 70-8 "Alcoholic Beverages" of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows: CHAPTER 70. PARKS AND RECREATION Sec. 70-8. Alcoholic beverages. It shall be unlawful for any person to possess or consume alcoholic beverages in city parks except at: 1. Bayland Park and 2. the clubhouse at Evergreen Park, and there only at times and under conditions and requirements designated by the director of parks and recreation in consultation with the city manager and other city staff. Section 2: The Director of Parks and Recreation is hereby authorized and directed to establish a special event permit application process for events to be held at either Bayland Park or the clubhouse at Evergreen Park where alcoholic beverages may be possessed or consumed. Section 3: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other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: 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 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. /2 INTRODUCED, READ, and PASSED by theaffirmaX vote of the City Council of the City of Baytown, this the 19th day of November, 2018. LETICIA BRYSCH, City APPROVED AS TO FORM: f' 1 9 eL"2 z �'� 4--, 2 �f 6- r ACIO RAMIREZ, SR., Ci Attorney SYEPHEN H. cobfsOlVegal\Karen\Files City Council\Ordinances\2018\November 19W1coholicBeverages@Clubhouse@EvergreenPark.doc