Ordinance No. 1,655ORDINANCE MO.1655
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITYOF BAYTOWN,
TEXAS,BY THE AMENDMENT OF CHAPTER 17,"MISCELLANEOUS PROVISIONS &
OFFENSES,"BY REPEALING THE PROVISIONS OF SECTION 17-17,POSTING
PLACARDS,BILLS,ETC.ON PUBLICPROPERTY,AS PRESENTLY CONSTITUTED
AND TO SUBSTITUTE IN ITS PLACE THE PROVISIONS OFA NEU SECTION 17-17
TO BE ENTITLED,POSTING PLACARDS,BILLS,ETC.ON PUBLIC PROPERTY
PROHIBITED;PRESCRIBING A MAXIMUMPENALTY OF TWO HUNDRED ($200.00)
DOLLARS FOR EACH VIOLATION;REPEALING ORDINANCES INCONSISTENT HERE
WITH;CONTAINING A SAVINGS CLAUSE;AND PROVIDING FOR THE PUBLICATION
AND EFFECTIVE DATE HEREOF.
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 17,"Miscellaneous Provisions &Offenses,"by
repealingSection 17-17 thereof,and the same shall cease to have force and effect
from and after the effective date of this ordinance.
Section 2:That the Code of Ordinances is hereby amended by adding thereto
a new Section 17-17 which shall read as follows,to wit:
Section 17-17.Posting placards,bills,etc.on publicproperty prohibited.
(a)Apersoncommits an offense if he places or causes tobe placed any
commercial,political,charitable,or religious advertisement in any sta
tionary manner onor above a public street or other public property,including,
butnot limited to sidewalks,easements,or parks.
(b)A culpable mental state is not required as an element of this offense.
(c)It is an exception to the application ofthis section if such ad
vertisement is placed upon a motor vehicle.
(d)In any prosecution authorized by this section where proof is pre
sented that such advertisement contained the name or the picture or other
likeness which reasonably refers to a person,such person shallbe presumed
to have caused the placement ofsuch advertisement.
(e)Anypersonwho shall violate any provision ofthis ordinance shall be
deemedguilty of a misdemeanor and upon conviction shall be punished by a fine
of not less than Ten (S10.00)Dollars,nor more than Two Hundred ($200.00)
Dollars.Each day of the continuance of such violation shall be considered
a separate offense andeach and everyday shall constitute a separate vio
lation.
Section 3:Repealing Clause:All ordinances or parts of ordinances
inconsistent with the terms of this ordinance are hereby repealed;provided,
however,thatsuch repeal shall be only to the extentof such inconsistency
and in all other respects this ordinance shall be cumulative of otherordinances
regulating and governing the subject matter covered by this ordinance.
Section 4:Savings Clause:If any provision,section,exception,
subsection,paragraph,sentence,clause or phrase of this ordinance or the
application of same to anyperson or setof 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 provisionsof this ordinance are declared to be severable.
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 voteof the City Council
of the City of Baytown,Texas,this 12th day of September ,1974.
TOM GENTRY,Mayor
ATTEST:
NAEDNA OLIVER,City Clerk
APPROVED:
NEEL RIC/IARDSON,City Attorney
-2-