Ordinance No. 691ORDINANCE N0. 691
AN ORDINANCE REGULATING FRUIT AND VEGETABLE STANDS;
REQUIRING PERMIT, BOND AND HEALTH CARD THEREFOR; RE-
QUIRING CERTAIN SANITARY STANDARDS TO BE MET BY SUCH
FRUIT AND VEGETABLE STANDS; PROHIBITING SUCH STANDS
TO BE OPERATED ON PUBLIC PROPERTY; REPEALING ORDIN-
ANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS
CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED
($200.00) DOLLARS; AND PROVIDING FOR THE PUBLICATION
AND EFFECTIVE DATE THEREOF.
WHEREAS, there are a number of fruit and vegetable stands located within
the confines of the City of Baytown; and
WHEREAS, such places of business are not now regulated by the City and a
few of such places of business do not meet generally accepted sanitary principles;
a nd
WHEREAS, It is believed that such fruit and vegetable stands should be re-
gulated for the general health and welfare of the public; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN:
Section 1: Fruit and vegetable stands or business establishments as used
herein shall mean the roadside type of fruit and vegetable stands which operate
out of trucks and /or temporary wooden structures, and derive most of their income
from the sale of fruit and /or vegetables.
Section 2: That henceforth no fruit and vegetable stand shall be operated
upon or operated from any City property whatsoever without a written contract and
lease agreement executed by the proper City officials.
Section 3: That henceforth no fruit and vegetable stand shall operate with-
in the City of Baytown unless and except such fruit and vegetables are kept and
displayed at least eighteen (18 ") inches above the ground; provided further, that
except fruit and vegetables which are being displayed for immediate sale, all of
such fruit and vegetables shall be kept under cover or properly screened so as to
prevent contamination from flies or other insects.
Section 4: No person shall operate a fruit and vegetable stand without hav-
ing first obtained a permit from the City Health Department. An application for
permit shall be filed with the Health Department on a form furnished by it and
shall contain such information as it requires. A permit fee of $30.00 shall ac-
company every application submitted.
Section 5: Upon receipt of the application the Health Department shall in-
spect the premises, equipment and each vehicle with which applicant intends to
carry on his business. When the conform to the food and sanitary laws of the State
of Texas, and the Ordinances of the City of Baytown, the Health Department shall
authorize issuance of a permit to the applicant.
Section 6: All permits issued under this ordinance shall remain in force
for one year from the date of issuance unless sooner revoked or suspended for rea-
son.
Section 7: If issuance of a permit be authorized, same shall not be issued
until the applicant shall file with the Health Department a bond executed by the
permittee as principal and by a good and sufficient corporate surety company li-
censed to do business in the State of Texas. Such bond, to be approved by the
City Attorney, shall be in the amount of $1,000.00 and shall condition that the
permittee shall operate his fruit and vegetable stand in strict accordance with
the terms of this ordinance and will, upon abandoning such business, leave the
premises in the same condition, as nearly as practicable, as such premises existed
when his stand first commenced doing business.
Section 6: Reyeali_ng_Clause: H11 ordinances or parts of ordinances incon-
sistent or in conflict with the provisions of this ordinance shall be and the same
are hereby repealed.
Section 9: Savings Clause: In the event any section, sub - section, sentence,
clause or phrase of this ordinance shall be declared or adjudged invalid or uncon-
stitutional, such adjudication shall in no means effect any other section, sub-
section, sentence, clause or phrase of this ordinance, but all the rest hereof
shall be in full force and effect as though the section, sub- section, sentence,
clause or phrase so declared or adjudged invalid or unconstitutional was not orig-
inally a part thereof.
Section 10: Any person violating any of the provisions of this ordinance
shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less
than Ten ($10.00) Dollars, nor more than Two Hundred ($200.00) Dollars. Each and
every violation of the provisions of this ordinance shall constitute a separate
offense, and each and every day shall constitute a separate violation.
Section 11: Effective Date: This ordinance shall take effect from and
after ten (10) days from its passage by the City Council. The City Clerk is here-
by 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 the passage of this ordinance.
INTRODUCED, READ and PASSED by the affirmative vote of a majority of the
City Council of the City of Baytown, Texas, on this the day of , 1463.
,. L. (Lee) Liggett, M.D., mayor
ATTEST:
Edna Oliver, City Clerk
APPROVED:
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Georg andler, City Attorney