Ordinance No. 4,910Published In: THE BAYTOWN SUN
Tuesday, February 2, 1988 80128 -1
Wednesday, February 3, 1988
ORDINANCE NO. 4910
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING SECTIONS 22 -13, 22 -14, AND 22 -16 OF
CHAPTER 22, "ADULT COMMERCIAL ESTABLISHMENTS;" REPEALING
® INCONSISTENT ORDINANCES; CONTAINING A SAVINGS CLAUSE;
PROVIDING A PENALTY; AND PROVIDING FOR THE PUBLICATION
AND EFFECTIVE DATE HEREOF.
WHEREAS, on April 23, 1981, the City Council of the City of
Baytown adopted Ordinance No. 3128, which ordinance regulates the
location and operation of sexually oriented commercial
enterprises within the City of Baytown; and
WHEREAS, said ordinance was adopted for the purpose of
regulating sexually oriented businesses to promote the health,
safety, morals and general welfare of the citizens of the City
and to establish reasonable and uniform regulations to prevent
the concentration of sexually oriented businesses within the
City; and
WHEREAS, in adopting said Ordinance No. 3128, the City
Council found that sexually oriented businesses often result in
reduced property values, increased law enforcement problems and
the general deterioration of neighborhoods where they are located
and that the concentration of sexually oriented businesses in one
area creates even greater negative impacts with respect to
reduced property values, increased law enforcement problems and
neighborhood deterioration; and
WHEREAS, the City Council of the City of Baytown now desires
to amend Ordinance No. 3128 in certain respects in order to
promote the findings previously made; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Section 22 -13(a) of the Code of Ordinances
of the City of Baytown, Texas, is hereby amended to read as
follows:
Sec. 22 -13. Bookstores, theaters, etc., excepted.
This article does not apply to the following:
® (a) Any bookstore or movie theater;
Section 2: That Section 22 -14(b) of the Code of Ordinances
of the City of Baytown, Texas, is hereby amended to read as
follows:
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(b) Before the issuance of a permit, the applicant
must certify that the proposed sexually oriented
commercial enterprise will be located a minimum of
one thousand (1000) feet from any of the
following, which the city council hereby finds to
be inconsistent with the operation of a restricted
establishment, to -wit:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
A child care facility;
A church or place of religious worship;
A dwelling;
A hospital;
Another sexually
enterprise;
A public building;
A public park;
A school;
A nursing home.
oriented commercial
Section 3: That the Code of Ordinances, City of Baytown,
Texas, is hereby amended by adding a section, to be numbered
2�- 16(b)(7), which section reads as follows:
Sec. 2� -16. Permit application.
(b) The application shall be accompanied by the
following:
(7) Proof that not more than ten days prior to
the filing of the application, applicant has
at its expense, published in a daily paper of
the City of Baytown notice of applicant's
intent to apply for a permit to operate a
sexually oriented commercial enterprise,
which notice identifies the proposed location
of such activity by street address.
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 subject matter covered by this ordinance.
Section 5: If any provisions, 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.
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Section 6: 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 7: 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 passage of this ordinance.
INTRODUCED, READ
City Council of the
January, 1988.
and PASSED by the affirmative vote of the
City of Baytown, this the 28th day of
6MiMETT 0. l UTTO, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
RANDALL B. STRONG, City ttorney
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