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