Ordinance No. 2,0466850
ORDINANCE NO.2046
AN ORDINANCE OFTHECITY COUNCIL OF THE CITYOF BAYTOWN,
TEXAS,AMENDING CHAPTER 18,"MOTOR VEHICLES ANDTRAFFIC,"
ARTICLE II,OPERATION OF VEHICLE GENERALLY,BY THE
ADDITION OF A NEW SECTION 18-71,CITY PROPERTY RESTRICTED;
PROVIDING FOR A MAXIMUMPENALTY OF TWO HUNDRED ($200.00)
DOLLARS;PROVIDING A REPEALING CLAUSE;AND PROVIDING
FOR THE PUBLICATION ANDTHE EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THECITY COUNCIL OFTHE CITY OF
BAYTOWN,TEXAS:
Section 1:That the Code of Ordinances of the City of
Baytown,is hereby amended by the amendment of Chapter 18,
"Motor Vehicles and Traffic,"Article II,Operation of
Vehicle Generally,by the addition of a new Section 18-71,
City Property Restricted,which shall read as follows,to
wit:
Chapter 18
MOTOR VEHICLES AND TRAFFIC
ARTICLE II.OPERATION OF VEHICLE GENERALLY
Section 18-71.City property restricted.
(a)It shall be unlawful and constitute a trespass and a
public nuisance for any person to park,or leave unattended,
or drive a vehicle into or upon any property owned and
controlled by the city and restricted to use by authorized
persons and vehicles only,without first obtaining permis
sion in writing to doso from the city manager.The city
manager is hereby authorized to restrict the use of such
propertyonly to persons and vehicles authorized in writing
by him to use such property.
(b)All property of the city that has been restricted,
either by the citycouncil or by the citymanager,to use by
authorized persons and vehicles only,shall be so designated
by appropriate and conspicuous signs posted at all vehicular
entrances thereto,and suchsigns shall advise that the
property is restricted to authorized persons and vehicles
only,and that the driver of any illegally parked or driven
vehicle shall be subject to a fineup to two hundred ($200.00)
dollars.Thecity manager shall cause such signs to be
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prepared and posted.The city shallincur no liability for
damage caused to any such vehicle bysuch removal and the
owner,by permitting his vehicle to be placed on such property,
thereby impliedly waives claim for any damages thereto that
may be caused by such towing and storage.
(c)In addition to any other penalty provided for such
trespass and violation,any vehicle parked,left unattended
or drivenuponany such restricted property of the city
without permission from the proper authority having been
first obtained in the manner above provided,is hereby
declared to be a nuisance and an obstruction,and shall be
subject to beingtowed or driven away by,or at the direc
tion of any person designated by the city manager or any
city policeman,to a place of impoundment and there held
pending the arrest of,and disposition of the charges
against,the driver thereof,and the provisions of this
article,insofar as they are applicable to public streets,
are hereby made applicable to property owned and controlled
by the city and restricted to use by authorized persons and
vehicles only.
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 for any reason be held uncon
stitutional,void or invalid,such invalidity shall not
affect the validity of the remaining provisions of this
ordinance of their application to other persons or sets of
circumstances and to this end all provisions of this ordinance
are declared to be severable.
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Section 4:Any person violating the provisions of this
ordinance shall be punished by a fine of not more than Two
Hundred ($200.00)Dollars,and each violation shall consti
tute a separate offense.
Section 5: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 (10)days after its passage.
INTRODUCED,READ and PASSED by the affirmative vote of
the City Council of the City of Baytown,on this22nd day
of July 1976.
TOM GENTRY,Mayor
ATTEST:
,City
APPROVED:
NEEL RLKHtfRDSON,City Attorney
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