Ordinance No. 891ORDINANCE NO.
AN ORDINANCE DEFINING DRIVE -IN RESTAURANTS; DEFINING LITTER; STATING
A PUBLIC POLICY; DEFINING A PUBLIC PLACE; PROHIBITING LITTER IN SUCH
PUBLIC PLACE; REPEALING ORDINANCES IN CONFLICT HEREWITH; CONTAINING
A SAVINGS CLAUSE; PRESCRIBING A MAXIM M PENALTY OF TWO HUNDRED ($200.00)
DOLLARS, AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN:
Section 1: Definitions: As used herein, the following words shall
have the following meaning:
(1) "Litter" is any trash, paper, napkins, straws, cups or containers
made of paper, plastic, or other similar material, bottles, glass,
candy or gum wrappers, remnants of food, cans or remnants or parts
thereof, or any material of an unsanitary nature.
(2) "Drive -in Restaurant" is any place where meals, sandwiches, cold
drinks, beverages, ice cream or other food is served directly to
or is permitted to be consumed by patrons or customers in automo-
biles or any other type of vehicle parked on the premises, or in
the public streets.
Section 2: Public Place: For the purpose of the public place, health,
safety, morals and general welfare, the entire premises occupied by a drive -in
restaurant, including parking area, driveway and vehicle entrances and exists, are
hereby declared to be a public place, and that it is contrary to the public peace,
safety, morals, health and general welfare of the community to permit litter on
such public place.
Section 3: Receptacles: It is hereby declared to be the duty of the
owner or operator of a drive -in restaurant to provide on the premises not less than
two receptacles for the receipt of litter available to its patrons or customers.
If more than two receptacles are required to hold all of the litter from the pre-
mises that may be placed therein, then it shall be the duty of the owner or operator
to furnish such additional number of receptacles as are necessary to contain said
litter.
Section 4: It shall be unlawful for any patron or customer of a drive -in
restaurant to throw or deposit any litter on the premises of the drive -in restaurant
except in the receptacles provided therefor, and it shall be unlawful for any
customer or patron to throw any litter upon the streets of the City of Baytown or
upon private property in the City of Baytown.
Section 5: It shall be the duty of the owner or the operator of the
drive -in restaurant to clean the premises and to remove all litter therefrom and
from any street or other premises to which said litter has travelled, and place
same in receptacles after daily closing time of such drive -in restaurant. If the
business operates continuously without closing, then the owner or operator shall
clean the premises and remove all litter therefrom and place it in receptacles
every twelve (12) hours of each day.
Section 6: 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 cummulative of other ordinances regulating and governing the
subject matter covered by this ordinance.
Section 7: If any provision, 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 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 8: Any person, firm or corporation violating any provision of
this ordinance or failing to observe any provision hereof, shall be deemed guilty
of a misdemeanor and, upon conviction, shall be fined in any sum not to exceed Two
Hundred ($200.00) Dollars, and each and every day or fraction thereof, which this
ordinance or any part thereof, shall be violated, shall be deemed to be a separate
offense and punishable as such.
Section 9: 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
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 this the may of Sep tem , 1967.
ATTESTZ Seaborn Cravey, Mayo
c
Edna Oliver, City Clerk
APPRO
George Chkndler, City Attorney