Ordinance No. 3,888I
pub] slued: The 8 Sim
Tuesday, July 3, 4062&-2
Wbdnesday, July 4, 1964
OROIfOCE HO. 3888
AN ORDINANCE AMENDING CHAPTER 17, "MISCELLANEOUS
PROVISIONS AND OFFENSES," TO RU09BIT BLOCIQNG THE VIEW OF
VEHICULAR TRAFFIC; REPEALING INCONSISTENT ORDINANCES;
CONTAINING A SAVINGS CLAUSE; PROVIDING A PENALTY OF
$200.00 FOR EACH OFFENSE; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE HEREOF
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s ® BE IT ORDAINED BY THE CITY COUNCIL OF' THE CITE! OF SAYIOW46
TEXAS:
Section 1: Thst the Code of Ordinances, City of Baytown, Texas, is hereby
amended by adding a section, to be numbered Section 17 -3, which section reads as
follows:
Section 17 -3. Obstruction of view.
a) An owner or occupant of any premises commits an offense if he
intentionally or knowlingly builds, constructs, places, keeps, allows,
permits or maintains any object, structure, building, tree, plant,
vegetation or fence so as to obstruct or interfere with the view of a
driver of a motor vehicle at the point of approaching, merging,
emerging or intersecting traffic from any street or driveway with
another street, or so as to prevent any traveler on any street or
driveway from obtaining a clear view of approaching vehicles for a
distance of 250 feet along the street.
b) It shall be an affirmative defense to prosecution of the violation of
this section if the obstruction is a building in existence prior to June
28, 1984.
c) 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 City Manager or his designee personally
serves him with notice of the obstruction, or if ten days elapse after
the City Manager or his designee mails to him notice of the
obstruction by regular U. S. Mail without the condition being corrected.
d) Any offense under this article is a Class C Misdemeanor and any
person who shat' violate any provision of this ordinance shall upon
conviction be ! -inished 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.
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of this ordinance are hereby repealed, provided however, that such repeal shall be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.
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Section 3: If any provision, section, exception, subsection, paragraph,
sentence, clause or phrase of this ordinance or the application of some to any
person or set of circumstances, shall for any reason be held unconstitutional, void c-
invalid, such invalidity shall not affect the validity of the re.naining 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 who shall violate any provision of this ordinance shall
be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine
of not more than Two Hundred and No /100 ($200.00) Dollars.
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 !cast 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, this the 28th day of June, 1984.
ae&- 640c-�
Mayor
ATTEST:
City Clerk
APPROVED:
Attorney
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