Ordinance No. 7369
ORDINANCE NO. 736
AN ORDINANCE PROHIBITING ANY PERSON FROii
OBSTRUCTING, ENCUI.IBERING OR ENCROACHING
UPON ANY OF THE PUBLIC RIGHTS OF `J,�Y OF
THE CITY OF BAYTOWN; PROVIDING FOR CERTAIN
EXCEPTIONS; REPEALING ORDINANCES INCONSIS-
TENT HEREWITH; CONTAINING A SAVINGS CLJ�tUSE;
PRESCRIBING A I'.MIT %iMl PENrITY OF TIZ HUNDRED
(:;200.00) DOLLARS AND PROVIDING FOR THE PUB -
LICATION AND EFFECTIVE DATE THEREOF.
VdiEREAS, a vast majority of the merchants and citizens of
this City do not unreasonably obstruct the sidewalks, streets and
alleys of this Community but a small minority does unreasonably
use and obstruct said rights of way; and
YJHEREAS, such use and obstruction is not only unsightly but
is dangerous practice in that it creates hazards for pedestrians
and others and it obscures the vision of motorists at intersections;
and
1HEREEAS, such practice has grown to such proportions that it
has become a real threat to the safety, peace and welfare of this
Community; NOU, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTO,JN:
Section 1: That hereafter it shall be unlawful for any person
to encumber or obstruct the sidewalks, streets and alleys in the City
of Baytown by placing thereon, except as provided hereafter in Sec-
tions Two and Three, any goods, wares, merchandise, buildings or pro-
perty, real or personal, of any description whatsoever. That it shall
be the duty of the Chief of Police to remove any such encumberance,
encroachment or obstruction and he shall employ the following proced-
ure to have same removed: He shall first ask the offender to remove
same within a reasonable period of time, depending upon the amount
and type of property encumbering or obstructing said sidewalk, street
or alley, but within a period of time not to exceed sixty (60) days.
If, at the end of the time given by the Chief of Police, such ob-
struction is not removed, the Chief of Police shall give the same no-
tice by registered mail afterwhich, if such obstruction is not removed
the Chief of Police shall cause same to be removed and stored at the
expense of the offender. Such procedure shall not prevent the City of
Baytown from having the right to file criminal charges against any
person violating the terms of this ordinance.
Section 2: Nothing herein shall prevent the temporary use of the
sidewalks, streets and alleys of the City of Baytown by persons receiv-
ing, shipping and handling any property, real or personal, as long as
such use is not in violation of any other ordinance or law.
Section 3: If a person wishes to use the sidewalks, streets or
alleys he shall obtain permission from the City Lanager, in writing,
before any such use is made. Should the City I.anager deny such request
the applicant may appeal to the City Council and its decision shall be
final.
Section 4: For the purposes of this ordinance the word "person"
shall mean any person, firm, partnership, association, corporation,
company or organization of any kind and, when not inconsistent with the
context, when used in the singular number includes the plural number and,
when used in the plural number includes-the singular number.
Section 5: Repealing Clause: All ordinances or parts of ordin-
ances 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 cumula-
tive of other ordinances regulating and governing the subject matter
covered by this ordinance.
Section b: Savings Clause: If any provision, exception, section,
subsection, paragraph, sentence, clause or phrase of this ordinance or
the application of same to any person or set of circumstances shall for
any reason be held unconstitutional, void or invalid, such invalidity
shall not effect the validity of the remaining provisions of this ordin-
ance or their application to other persons or sets of circumstances and
to this end all provisions of this ordinanc are declared to be severable.
Section 7: Penalty: Any violation of any of the terms of this
ordinance herein denominated as unlawful or not, shall be deemed a mis-
demeanor and any person convicted of any such violation shall be fined
in a sum not exceeding Two Hundred 0200.00} Dollars. Each day of the
continuance of such violation shall be considered a separate offense
and be punished separately; and any person, agent or employee engaged
in any such violation shall, on conviction, be so punished therefor.
Section 8: Effective Date: 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 cap-
tion 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 the City
Council this _day of Ldi�t( 1965.
T
C. L, Liggett, Ri.D. , i,,ayor
ATT -•ST:
Edna Oliver, City Clerk
APPROVED:
George andler, City attorney