Ordinance No. 2,0706948
ORDINANCE NO.2070
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITYOF BAYTOWN,TEXAS,BY THE AMENDMENT OF CHAPTER 18,
MOTOR VEHICLES AND TRAFFIC,"BY THE ADDITION OF A NEW
SECTION 18-25,OBSTRUCTION OF PUBLIC RIGHT OF WAYS;
PROVIDING FOR A MAXIMUM PENALTY OF TWO HUNDRED ($200.00)
DOLLARS;PROVIDING A REPEALING CLAUSE;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 Chapter 18,"Motor Vehicles and Traffic,"
of the Code of Ordinances of the City of Baytown,Texas,is
hereby amended by the addition of a new Section 18-25,
Obstruction of Public Right of Ways,which shall read as
follows,to-wit:
Chapter 18
MOTOR VEHICLES AND TRAFFIC
ARTICLE I.IN GENERAL
Sec.18-25.Obstruction of public right of ways.
(a)An owner or occupant of any premises commits an offense
if he intentionally or knowingly allows or permits any tree,
shrub,vine,plant,lumber,boxes,posts or other objects of
any description tobe grown,cultivated or maintained in
such a manner so that any portion overhangs,obtrudes,
obstructs,or exists upon or over any public right of way in
such a manner as to block the vision of the operator of a
motor vehicle on a public street.
(b)In any prosecution authorized by this section it shall
be presumed that the premises owner or occupant intentionally
or knowingly committed the offense if the Director of Planning
and Traffic personally serves him with notice of the obstruc
tion,or if ten days elapse after the Director mails to him
notice of the obstruction by regular U.S.mail without the
condition being corrected.
(c)Any offense under this article 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.
6949
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are hereby repealed;provided,however,that such repeal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 setof 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 beseverable.
Section 4:Effective Date:This ordinance shall take
effect from and after ten (10)daysafter its passage by the
City Council.The City Clerk is hereby directed to give
noticehereof 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 this 26th day
of August,1976.
TOM GENTRY,Mayor
ATTEST:
-<?,£,,^J P.)
E-IiEEN P.HALL,C iE-IiEEN P.HALL,City Clerk
APPROVED:
R/CHARDSON,City Attorney
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