Ordinance No. 1,065ORDINANCE NO. 1065
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 AMENDMENT OF SECTION 18 -126 THEREOF, SO AS
TO DELETE THE PROHIBITION AGAINST OVERNIGHT PARKING OF ALL
VEHICLES UPON PAVED STREETS WITHIN THE CITY, AND TO ESTABLISH
A PROHIBITION AGAINST THE OVERNIGHT PARKING OF COMMERCIAL VE-
HICLES OR OTHER VEHICLES DESIGNED FOR THE TRANSPORTATION OF
PROPERTY UPON RESIDENTIAL STREETS WITHIN THE CITY; REPEAL-
ING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS
CLAUSE; PROVIDING FOR A PENALTY NOT EXCEEDING 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, TEXAS:
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 amendment of Section 18 -126 thereof, which shall read
as follows, to -wit:
Section 18 -126. Overnight Parking.
It shall hereafter be unlawful to stop, park or leave any
commercial vehicle, truck tractor, trailer or semi - trailer, upon
any residential street of the City of Baytown, at night, as those
terms are defined herein. The term "Commercial Motor Vehicle" as
used in this section shall mean any motor vehicle other than a
motorcycle, passenger car, panel truck or pickup, designed or
used for the transportation of property. The term "Truck Tractor"
shall mean every motor vehicle designed or used primarily for
drawing other vehicles, and not so constructed as to carry a
load other than a part of the weight of the vehicle and load
so drawn. The term "Trailer" shall primarily mean every vehicle,
without motive power, designed or used for carrying property
wholly on its own structure and to be drawn by a motor vehicle.
The term "Night" as used in this section shall mean that period
of time between thirty (30) minutes after sunset and thirty (30)
minutes before sunrise.
Section 18 -126.1 This section shall not forbid deliveries by
commercial vehicles in the usual course of business and the right to
park such commercial vehicles for the length of time reasonably
necessary in order to make such deliveries is recognized and not
prohibited. The parking of motorcycles, passenger cars, panel
trucks and pickups is not prohibited by this section.
Section 2: Repealing Clause: All ordinances or parts of ordi-
nances 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 cumulative
of other ordinances regulating and governing the subject matter covered
by this ordinance.
Section 3: Savings Clause: If any provision, exception, section,
subsection, sentence, paragraph, 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 4: Penalty Clause: Any person, firm or corporation
violating any provision of this ordinance or failing to observe provisions
hereof, shall be deemed guilty of a misdemeanor and, upon conviction, shall
be fined in any sum not more than Two Hundred ($200.00) Dollars, and each
and every day or fraction thereof during which this ordinance, or any
part thereof, shall be violated, shall be deemed a separate offense and
punishable as such.
Section 5: 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 caption
of this ordinance to be published in the official newspaper of the City
of Baytown at least twice within ten days after the passage of this ordinance.
INTRODUCED, READ and PASSED by the affirmative vote of the City
Council of the City of Baytown, on this 7th day of January, 1971.
C. GLEN WALKER, Mayor
ATTEST:
�2-4
EDNA OLIVER, City Clerk
APPROVED:
WILLIAM R. LAUG LIN, City Att ney