Ordinance No. 1,847ORDINANCE NO.1847
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF
THE CITY OF BAYTOWN,TEXAS,BY THE AMENDMENT OF
CHAPTER 17,"MISCELLANEOUS PROVISIONS AND OFFENSES
BY ADDING SECTION 17-18,FAILURE TO RETURN LIBRARY
MATERIALS;PRESCRIBING A MAXIMUM PENALTY OF NOT
MORE THAN ($200.00)FOR EACH VIOLATION;REPEALING
ORDINANCES INCONSISTENT HEREWITH;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 and Offenses,"by adding
Section 17-18,Failure to return library materials,which
shall read as follows,to wit:
Section 17-18.Failure to return library materials.
(a)A person commits an offense if he in
tentionally or knowingly fails to return library
materials to the Sterling Municipal Library which
were loaned to the Actor or borrowed in the Actor's
name.
(b)TheActor's intentand knowledge shall
be presumed if:
(1)pursuant to agreement,the library
materials were to be returned on a date
specified;
(2)actual notice is given or notice in
writing is sentby depositing in the United
States mail said notice addressed to the
Actor at his address shown on the records of
the librarystating that the library materials
were not returned on the date specified;and
(3)the library material is not returned
to the owner withintwenty (20)days of
receipt of such notice.
(c)If notice is given in accordance with
Subsection (2)of this Section,it is presumed
that the notice was received no later thanfive
(5)days after it was sent.
(d)In prosecution under this Section,itis
no defense that the Actor,though the actual
borrower,no longer possesses the library materials.
(e)In prosecution under this Section,it is
an affirmative defense that another borrowed the
library material in the name of the Actor without
his effective consent.
(f)An offense under this Section is a Class
C Misdemeanor and any person who shall violate any
provision of this ordinance shall upon conviction
be punished by a fine not to exceed Two Hundred
($200.00)Dollars.Each day of the continuance of
such violation shall be considered a separate
offense and each and every day shall constitute a
separate violation.
Section 2:Repealing Clause: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ordinance are hereby repealed;provided,however,that such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 cumulative of
other ordinances regulating and governing the subject matter
covered by this ordinance.
Section 3:Savings Clause:If any provision,
section,exception,subsection,paragraph,sentence,clause
or phrase of this ordinance or the application of same to
any person or set of circumstances,shall forany reason be
held unconstitional,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:Effective Date:This ordinance shall
take effect from and after ten (10)daysfrom its passage by
the City Council.TheCity Clerk is hereby directed to give
notice hereof by causing the caption of this ordinance tobe
published in the official newspaper of theCity of Baytown
at least twice within ten (10)days after the passage of
this ordinance.
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INTRODUCED,READ and PASSED by the affirmative
vote of the City Council of the City of Baytown,Texas,this
14th day of August,1975.
TOM GENTRY,Mayor
ATTEST:
EDNA OLIVER,City Clerk
APPROVED:
'xt>7 /fV £.
NEEL RZCHaRDSON,City Attorney^
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