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Ordinance No. 5,288Published In: THE BAYTOWN SUI1 890622 --1 Tuesday, June 28, 1989 dednesday, June 29, 1989 ORDINANCE NO. 5288 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 17 "MISCELLANEOUS PROVISIONS AND OFFENSES" OF THE CODE OF ORDINANCES BY AMENDING SECTION 17 -4.1 "PARKS, PARKWAYS, PLAYGROUNDS AND OTHER PUBLIC PLACES FOR PUBLIC RECREATION "; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND N0 1100 ($200.00) DOLLARS FOR THE VIOLATION THEREOF; 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 Chapter 17 "Miscellaneous Provision and Offenses" of the Code of Ordinances, City of Baytown, Texas, is hereby amended to read as follows: Sec. 17 -4.1 Parks, parkways, playgrounds and other public places for public recreation. a) It shall be unlawful for any person within any public park, parkway, playground or any other public place for public recreation to commit or do any of the following acts: 1. To drive, propel or park any motor vehicle over, through, or on any park except along or upon public streets or designated park drives and parking spaces /area except by permit. 2. To ride any horse or other animal or animal -drawn vehicle over or through any park except in areas or on paths or trails so designated. 3. To hit golf balls, except "floating type" practice balls which are incapable of doing injury to persons or objects. 4. To shoot any arrow on or over any park. 5. To carry or discharge any firearm, firecrackers, rockets, torpedos or any other fireworks, airguns, BB guns or slingshots on or over any park. 6. To permit any dog, owned or possessed by him /her, to run at- large, nor permit any such dog in a park unless it shall at all times be kept on a leash. No dogs shall be permitted in any manner, whatsover, in any park in the proximity of any athletics /sports facilities during practice sessions, league or tournament activities. 890622 -1a 7. To possess or consume alcoholic beverages in City Parks except at Bayland Park, and there only, at times and under conditions and requirements designated by the Director of Parks and Recreation, in consultation with the City Manager and other City staff. (See Item 9 of Policies, Conditions /Requirements for Reservations.) 8. To possess glass containers in any City parks. 9. To dump, deposit or leave any litter, including, but not limited to, paper boxes, cans, rubbish, waste, garbage, refuse, brush, leaves, tires or any other trash. 10. To camp overnight in any park, except by permit. 11. To start or maintain, in any park, any outdoor fire, except for cooking fires which are started and maintained only in a stove or barbeque pit, except by permit. 12. To operate motor - driven model cars or airplanes on or over park drives or parking areas. 13. To ride bicycles and skateboards on any park tennis court. 14. To merchandise, advertise, and /or post signs announcing or calling the public's attention to articles or services for sale or hire in any City park unless done pursuant to a permit. 15. To tack or otherwise place any sign, placard, inscription or decoration on any tree, building, equipment, or facility in any park unless done pursuant to a permit. b) Roseland Park shall be open to the public daily only from 5:00 a.m. until 10:00 p.m. It shall be unlawful for any person to use or enter onto or upon Roseland Park, for any purpose, at any time other than during those times that the park is open to the public. This provision shall not apply to properly authorized personnel. Section 2: Section 17 -4.3 of the Code of Ordinances of the City of Baytown is hereby repealed. Section 3: 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. 2 - 890622 -1b Section 4: 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. Section 5: 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 6: 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 and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 22nd day of June, 1989. EMMETT G. HUTTO, mayor ATTEST: EILEEN P. HALL, City Clerk RANDALL B. STRONG, C' Attorney C:1:13:1 - 3 -