Ordinance No. 938ORDINANCE NO. 938
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF
THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF
CHAPTER 18, MOTOR VEHICLES AND TRAFFIC, BY THE
ADDITION OF SECTION 18 -120a THERETO, SO AS TO
MAKE IT UNLAWFUL FOR ANY RAILWAY LOCOMOTIVE EN-
GINE, CAR OR TRAIN OF CARS TO BE PERMITTED TO
BLOCK ANY PUBLIC STREET CROSSING WITHIN THE
CORPORATE LIMITS OF THE CITY OF BAYTOWN FOR A
LONGER PERIOD THAN FIVE MINUTES; PROVIDING FOR
A PENALTY OF NOT LESS THAN TWENTY FIVE ($25.00)
DOLLARS NOR MORE THAN FIFTY ($50.00) DOLLARS;
REPEALING ORDINANCES INCONSISTENT HEREWITH; CON-
TAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN:
Section 1: That the Code of Ordinances of the City
of Baytown, Texas, is hereby amended by amending Chapter 18,
Motor Vehicles and Traffic, by the addition of Section 18 -120a
thereto, which shall read as follows, to -wit:
Section 18 -120a. Crossings not to be blocked
exceeding five minutes.
It shall be unlawful for any yardmaster, en-
gineer, conductor or other person in any manner
controlling or operating any railway locomotive
engine, car or train of cars, to suffer or permit
any such locomotive engine, car or train of cars
to block any public street crossing within the
corporate limits of the City, either while at a
standing position or while moving, for a longer
period than five minutes. All periods of time
such locomotive engine, car or train of cars is
permitted to block any such public crossing shall
be considered one period unless between such periods
five minutes elapse during which time no such lo-
comotive engine, car or train of cars is either
standing or moving across such crossing. Any
yardmaster, engineer, conductor or other person
in any manner in control or operating such loco-
motive engine, car or train of cars, who shall vio-
late any of the provisions of this section shall,
upon conviction thereof, be fined in any sum not
less than twenty -five dollars nor more than fifty
dollars.
Section 2: Savings Clause: If any provision, sec-
tion, exception, 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 or-
dinance or their application to other persons or sets or cir-
cumstances and to this end all provisions of this ordinance
are declared to be severable.
Section 3: Repealing Clause: All ordinances or
parts of ordinances inconsistent with the terms of this or-
dinance 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 sub-
ject matter covered by this ordinance.
Section 4: Effective Date: This ordinance shall
take effect from and after ten (10) days after 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 days after its passage.
INTRODUCED, READ and PASSED by the affirmative
vote of the City Council of the City of Baytown, this the
/? day of JO 19 6 8.
Seaborn Cravey, Mayor
ATTEST:
C �r
Edna Oliver, City Clerk
A RO ED : R.
William R. Laughlin, City Attorney
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