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Ordinance No. 2,85300313-8 o) o"j( CJ I k i U ORDINANCE NO. 2853 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PROHIBITING PARKING ALONG WEST TEXAS AVENUE BETWEEN MAIN AND WHITING STREETS FROM 10:00 P.M. TO 6:00 A.M.; 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 Baytown area along Texas Avenue; and WHEREAS, this activity is due in part to the presence of vehicles parked along Texas Avenue at nightime; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: 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 repeal of Section 18 -52 as presently constituted, and by the adoption of a new Section 18 -52 that shall read as follows: Sec. 18 -52. Prohibited curb zone parking. A person commits an offense if he stops, stands or parks a vehicle, bicycle or motor - assisted bicycle in a curb zone: (1) for a period of time longer than is designated; (2) at a time prohibited by designation; or (3) for any purpose other than that which is designated. Section 2: That Chapter 18, "Motor Vehicles and Traffic," of the Code of Ordinances of the City of Baytown, Texas, is hereby amended by the repeal of Section 18 -54 as presently constituted, and by the adoption of a new Section 18 -54 that shall read as follows: Sec. 18 -54. Removal of traffic hazards. (a) Any police officer who shall find a vehicle, boat, structure, object, substance or material stopped or resting upon a public street or public traffic area which, in the 00313 -8a opinion of the officer, poses a particular hazard to the movement of traffic because of its proximity to or position upon a roadway, the lighting or weather conditions, its visibility or the density of traffic, or the nature of the traffic movement around or across such hazard, is authorized to be moved or cause the same to be removed at the owner's expense. (b) Any illegally stopped, standing or parked vehicle, bicycle or motor - assisted bicycle may be removed under the direction of any police officer at the owner's expense. Section 3: Schedule IV, Parking Limit Zones, of Article VIII, Chapter 18 of the Code of Ordinances of the City of Baytown, Texas, is hereby amended by the addition of the following designation: West Texas Avenue (both sides) between Main and Whiting Streets No parking between 10:00 p.m. and 6:00 a.m. Section d: The Director of Planning and Traffic is hereby authorized to post proper signs along the above described location. Section 5: It shall be unlawful for a driver of a vehicle to disobey the instructions of the signs placed in accordance with the provisions of this ordinance, unless at the time otherwise directed by a police officer. Section 6: 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 7: 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 8: If any provision, section, exception, subsection, paragraph, sentence, clause or phrase of this -2- 00313 -8b 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 this end all provisions of this ordinance are declared to be severable. Section 9: 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 13th day of March 1980. UTTO, Mayor ATTEST: EILEEM P. HALL, City Clerk APPROVED: SCOTT BOUNDS, City Attorney -3-