Ordinance No. 5,390Published In: THE BAYTOWN SUN 891024-3
Monday, October 30, 1989
Tuesday, October 31, 1989
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 17, "Miscellaneous Provisions and
offenses," of the Code of Ordinances of the City of Baytown,
Texas, is hereby amended by adding Article III, "Controllef
Substances," which reads as follows:
Sec. 28-44. Solicitation to purchase or acquire a
controlled substance, controlled substance analogue,
dangerous drug • volatile chemical.
(a) Definitions.
following words
ascribed to them
context of their
meaning:
As used in this Section,
and terms shall have the meanings
in this subsection, unless the
usage clearly indicates another
(1) Controlled substance shall have the meaning
ascribed to it • Section 1.02(4) of Art.
4476-15, Texas Revised Civil Statutes or any
amendments thereto.
'2)
Controlled substance analogue shall have the
meaning ascribed to it • Section 1.02(5) •
Art. 4476-15, Texas Revise Civil Statutes or
any amendment thereto.
(3) Dangerous drug shall have the meaning ascribed
to it • Section 2(a) of Art. 4476-14, Texas
Revised Civil Statutes or any amendment
t'tereto.
9151IRM on 3era -me
891024-3a
(d) It is no defense to prosecution under this section
that:
(1) no monetary • other consideration was ten.-
.- • olicited, or
'%'2) that the person solicited was unable •
unwilling to transfer or deliver a prohibited
substance.
t
%e) It is an affirmative defense to any prosecution
(2) the solicitation is made by a peace officer or
federal law enforcement officer in the lawful
discharge of his duties • by a law enforcement
agent acting in the lawful discharge of an
official duty.
(f) Violation of this Section
shall constitute 17
misdemeanor punishable, upon
conviction, by
of not less than one hundred
dollars ($100.00) n
more than two thousand
dollars (2,000.00)
However, any conduct proscribed
hereunder whi
also constitutes an offense
under state law shal
not be prosecuted under this
Section, but shall
prosecuted pursuant to and
punishable as provid
by the applicable state law.
An offense under th'
Section is not a lesser
included offense unde
TEX.REV.CIV.STAT.ANN. art.
4476-15, 4476-14 •
4476-13a.
11
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ii
E -*'V*jK0K4Wr§
iiii;
ten (10)
days from its
passage •
the City Council. The City
Clerk is
hereby directed
to give
notice hereof • causing thi�
caption of
this ordinance
to be
published in the official
newspaper
of the City •
Baytown at
least twice within ten (10)
days after
passage of this
ordinance.
INTRODUCED, READ and PASSED • the affirmative vote of th,z
City Council of the City of Baytown, this the 24th day of
October, 1989.
M METT
ETT HUTTO, Mayor
ATTEST:
RANDALL B. STRONG, y Attorney