Ordinance No. 2,85200313 -7
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ORDINANCE NO. 2852
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
PROHIBITING CONSUMPTION OF ALCOHOLIC BEVERAGES UPON THE
STREETS, SIDEWALKS, ALLEYS, PARKING LOTS OR OTHER OPEN
OR UNIMPROVED AREAS WITHIN THE AREA BOUNDED BY AND
INCLUDING WEST PEARCE AVENUE, WHITING STREET, WEST
DEFEE AVENUE, AND MAIN STREET IN THE CITY OF BAYTOWN;
REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS
CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED
AND N01100 ($200.00) DOLLARS; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE HEREOF.
WHEREAS, there is a high incidence of criminal activity
in the downtown Bayshore area along Texas Avenue; and
WHEREAS, this activity is due in great part to the
consumption of alcohol in public areas along Texas Avenue;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS:
Section 1: That Chapter 17, "Miscellaneous Provisions
and Offenses," of the Code of Ordinances of the City of
Baytown, Texas, is hereby amended by the addition of a new
Section 17 -4.2, that shall read as follows:
Sec. 17 -4.2. Consumption of alcoholic beverages prohibited
in certain areas.
A person commits an offense if he intentionally or knowingly
consumes an alcoholic beverage upon the streets, sidewalks,
alleys, parking lots or other open or unimproved areas
within the area bounded by and including West Pearce Avenue,
Whiting Street, West Defee Avenue, and Main Street in the
City of Baytown.
Section 2: 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repealed; provided, however, that such repeal shall be only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: If any provision, section, exception, sub-
section, paragraph, sentence, clause or phrase of this
ordinance or the application of same to any person or set of
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circumstances, shall for any reason be held unconstitutional,
void or invalid, such invalidity shall not affect the valid-
ity 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: Any person violating the provisions of this
ordinance shall be punished by a fine of not more than Two
Hundred and No /100 ($200.00) Dollars, and each violation
shall constitute a separate offense.
Section 5: 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 (10) days after the passage of this ordinance.
INTRODUCED, READ, and PASSED by the affirmative vote of
the City Council on this
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED:
13th day of March , 1980.
,,,.�4 e6V� �
SCOTT BOUNDS, City Attorney
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