Ordinance No. 5,853Published In: THE BAYTOWN SUN
Wednesday, May 15, 1991 910509 --4
Thursday, May 16, 1991
ORDINANCE No. 5853
is AN ORDINANCE AMENDING CHAPTER 171 "MISCELLANEOUS
PROVISIONS AND OFFENSES ", OF THE CODE OF ORDINANCES,
RELATING TO PARK CLOSING HOURS; PROVIDING A REPEALING
CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A
MAXIMUM PENALTY OF TWO HUNDRED AND N01100 ($200.00)
DOLLARS FOR THE VIOLATION THEREOF; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYT'OWN,
TEXAS:
Section 1: That Chapter 17, "Miscellaneous Provisions
and Offenses ", of the Code of Ordinances, City of Baytown, Texas,
is hereby amended by amending Section 17 -4.1 (b) to read as
follows:
Sec. 17 -4.1. Parks, parkways, playgrounds and other
public places for public recreation.
(b) All municipal parks, when posted, except the
Brownwood Park and the Gray Sports Complex, shall
be closed to the public daily between 10:00
o'clock p.m. and 5 :00 o'clock a.m. It is a
complete defense to prosecution under this section
that the individual was an authorized municipal
employee, an on duty law enforcement, fire
suppression, or emergency medical service officer,
held a valid permit issued by the Director of
Parks and Recreation, or was launching or
recovering a boat from a park boat ramp.
Section 2: That Chapter 17, "Miscellaneous Provisions
and Offenses ", of the Code of Ordinances, City of Baytown, Texas,
is hereby amended by repealing Section 17- 4.1(c).
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repealed; provided however, that such repeal shall be only to the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.
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.
910509 -4a
Section 5: Any person who shall violate any provisions
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 NO1100 ($200.04) 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 9th day of May,
1991.
TT 0� - HUTTOv, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
NACIO RAMIREZ Assistant City Attorney
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