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Ordinance No. 2,257r� rte"' rl 7680 ORDINANCE NO. 2257 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DESIGNATING AND MARKING CERTAIN AREAS AS NO WAKE ZONES; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED ($200.00) DOLLARS FOR EACH VIOLATION; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. WHEREAS, pursuant to the Texas Parks and Wildlife Code, Section 31.092, the Texas Legislature granted cities the authority to make regulations relating to the operation of boats which it deems necessary for the public safety; and WHEREAS, boat speed and wakes pose a significant danger to life, limb, and property in certain areas; NOW THEREFORE, 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 is hereby amended by amendment of Chapter 17, "Miscellaneous Provisions and Offenses," by the addition of a new Section 17 -21, which shall read as follows, to -wit: Sec. 17 -21. No wake zones. It shall be unlawful for any person to operate a boat, motorboat, or vessel so as to cause a wake or wash in any area designated by the city council as a no wake zone. Section 2: That a copy of these regulations and all amendments thereto shall be summarily filed with the Texas Parks and Wildlife Department. Section 3: Repealing Clause: All ordinances or parts of ordinances inconsistent with the are hereby repealed; provided, howe shall be only to the extent of such other respects this ordinance shall ordinances regulating and governing covered by this ordinance. terms of this ordinance ver, that such repeal inconsistency and in all be cumulative of other the subject matter 7681 Section 4: 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 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 the end all provisions of this ordinance are declared to be severable. Section 5: Penalty Clause: 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 constitute a separate offense. Section 6: 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 the passage of this ordinance. INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown on this 23rd day of June , 1977. TOM GENTRY, Mayor ATTEST:.- EI-LEEN P. HALL, City Clerk APPROVED: � � / Z.-z NEEL R HA S N, City Attorney -2-