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Ordinance No. 3,21910910 -1 Published on Tuesday, September 15, 1981 Wednesday, September 16, 1981 ORP Y NANC NO. 3219 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE DEFINITION OF HANDICAPPED ZONES; PROHIBITING PARKING IN DESIGNATED CURB ZONES; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; PRESCRIBING MAXIMUM PENALTY OF TWO HUNDRED AND N01100 ($200.00) DOLLARS: AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: Section l: 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 subsection 18 -1(m) as presently constituted, and by the adoption of a new subsection 18 -1(m) that shall read as follows: Sec. 18 -1. Definitions (m) "Handicapped zone" means a curb zone desig- nated for the exclusive use of vehicles opera- ted by or used to transport persons who are currently permanently or temporarily disabled which display specially designed symbols, tabs, or devices attached to the license plate or temporarily disabled person identification card placed in the lower left -hand side of the front windshield issued by the Texas Department of Highways and Public Transportation with the word "disabled" printed thereon. 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 -52 as presently con- stituted and by the adoption of a new Section 18 -52 that shall read as follows: Sec_ 18 -52. Prohibited Curb Parking; Exceptions (a) 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. (b) It is an exception to the application of subsection (a) (1) or any prosecution involving a handicapped zone under subsection (a) (3) of this section if such vehicle displayed a specially designed symbol., tab, or device 1091.0 -1a attached to the license plate or a temporarily disabled person identification card placed in the lower left -hand side of the front windshield issued by the Texas Department of Highways and Public Trans- portation with the word "disabled" printed thereon. Section 3: Any offense under this chapter for which another penalty is not provided is a misdemeanor punishable by a fine of not less than One ($1.00) Dollar nor more than Two Hundred ($200.00) Dollars, except that minors who have passed their fourteenth birthday but have not reached their seventeenth birthday shall be punished by a fine of not more than One Hund- red ($100.00) Dollars, and each violation shall constitute a separate offense. Section 4: 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 sub- ject matter covered by this ordinance. Section 5: 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 invalid- ity 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 6: 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 cap- tion of this ordinance to be published in the official newspaper of the City of Baytown at least twice within (10) days after its passage. 10910 --1b INTRODUCED, READ, and PASSED by the affirmative vote of the City Council on this the _10th day of September, 1981. _ ;MMmT 0. HUTTO, Mayor�� ATTEST: EILEEN P. HALL, City Clerk APPROVED: ANDALL B. STRONG, City ttorney 19