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Ordinance No. 4,165Published in: THE BAYTOWN SUN Nlonday, June 17, 1985 50613 -4 Tuesday, June 18, 1985 ORDINANCE NO. 4165 AN ORDINANCE AMENDING SECTION 17 -4.2 "CONSUMPTION OF ALCOHOLIC BEVERAGES PROHIBITED IN CERTAIN AREAS" OF THE CODE OF ORDINANCES BY PROVIDING AN EXCEPTION TO ENFORCEMENT; REPEALING INCONSISTENT ORDINANCES; CONTAINING A SAVINGS CLAUSE; PROVIDING FOR A MAXIMUM PENALTY OF TWO HUNDRED AND NO/100 ($200.00) DOLLARS; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That Section 17 -4.2 of the Code of Ordinances, City of Baytown, Texas, is hereby amended to read as follows: Sec. 17 -4.2. 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, except at times and places designated by the City Manager or Chief of Police, with approval of the City Council of 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 Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed, provided however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other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, 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 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 S: 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. 50613--4a INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 13th day of June, 1985. r� ATT ST: EILEEN P. HALL, City Clerk APPROVED: RANDALL B. ONG y Attorney