Ordinance No. 6,462PUBLISHED IN: THE BAYTOWN SUN 921210 -3
Wednesday, December 16, 1992
Thursday, December 17, 1992 ORDINANCE NO. 6462
AN ORDINANCE AMENDING ARTICLE II, "LIVE OUTDOOR
• EXHIBITIONS," CHAPTER 15 "HEALTH AND SANITATION" OF THE
CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, BY ADDING
SECTION 15 -6 "BUNGEE CORD JUMPING PROHIBITED "; PROVIDING
FOR THE PROHIBITION OF BUNGEE CORD JUMPING; CONTAINING
FINDINGS AND OTHER PROVISIONS RELATING TO BUNGEE CORD
JUMPING; PROVIDING FOR A PENALTY FOR VIOLATION THEREOF;
PROVIDING A REPEALING CLAUSE; CONTAINING A SAFETY CLAUSE;
AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE
THEREOF.
WHEREAS, the City of Baytown, as a home rule City, has the
authority to enact and enforce all ordinances necessary to protect
life, health, and property, and to preserve and protect order,
security, peace, quiet, and the general welfare of the City and its
inhabitants; and
WHEREAS, in December 1991, a bungee cord jumping instructor
was killed in a jump from a hot air balloon in Perris, California,
and a woman was injured in Destin, Florida, as a result of a bungee
cord jump; and
WHEREAS, in July 1992, in Auburn, Michigan a man was killed
and a second man from Grand Blanc, Michigan received serious
injuries when a cable securing the platform to a crane snapped
during a bungee cord jump in Michigan; and
WHEREAS, in a different incident, a woman in New Jersey
received a broken neck while bungee cord jumping when the bungee
cord failed to stop her from hitting the ground, and another man
received a broken ankle while bungee cord jumping when the bungee
cord broke; and
WHEREAS, the personal' injuries and deaths resulting from
bungee cord jumping are likely to continue; and
WHEREAS, bungee cord jumping is inherently dangerous and life
threatening, and therefore, likely to cause great harm to the
participants; and
WHEREAS, bungee cord jumping may create a significant noise
annoyance because persons may tend to shout or scream while engaged
in the activity; and
WHEREAS, bungee cord jumping tends to create a visual
distraction that may be annoying to some persons or poise a hazard
to operators of vehicles and machinery; and
WHEREAS, the City Council desires to prohibit the practice of
bungee cord jumping and reverse cord jumping in order to protect
• the health and safety of the residents of the City of Baytown by
preventing injuries and deaths arising out of these practices; and
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0 WHEREAS, the City Council, after due consideration, deems it
in the public interest to enact these amendments; NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Article II, "Live Outdoor Exhibits," of
Chapter 15 "Health and Sanitation ", of the Code of Ordinances, City
of Baytown, Texas, is hereby amended by adding Section 15 -6 "BUNGEE
CORD JUMPING PROHIBITED" to read as follows:
Sect. 15 -6. Bungee cord jumping prohibited.
(a) As used in this article the following terms, phrases and
words shall have the meanings ascribed to them in this
section, unless the context of their usage clearly
indicates another meaning:
(1) Bungee cord jumping means the sport, activity, or
practice of jumping, falling, stepping out of,
dropping, or otherwise being released into the air
while attached or fastened to any type of cord or
.rope or other device, including cords made of
rubber, latex, or other elastic -type material,
whether natural or synthetic, whereby the cord
stops, lengthens or shortens the fall of any person,
allowing the person to bounce up and down,
ultimately intending to bring the person to a stop
at a point above the ground surface.
(2) Enterprise means any establishment that provides the
services or facilities required for engaging in
bungee cord jumping or reverse bungee cord jumping
or the demonstration or exhibition thereof.
(3) Reverse bungee cord jumping means the sport,
activity, or practice of attaching or fastening ones
self to any type of cord or rope or other device,
including cords specified in the definition of
bungee cord jumping above, whereby a person is
located below a device or structure or machine from
which a cord or rope is suspended or attached and
is released to cause the person to be propelled,
catapulted, or otherwise launched out of a fixed
position into the air, allowing the person to bounce
up and down, ultimately intending to bring the
person to a stop at a point above the ground
surface.
(b) It shall be unlawful for any person to engage in bungee
cord jumping or reverse cord jumping in any form
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whatsoever, or for any person to own, operate or conduct
is any enterprise.
(c) Any person who violates any provision of this article
shall, upon conviction, be fined an amount not less than
ONE HUNDRED AND NO 1100 DOLLARS ($100.00) nor more than
TWO THOUSAND AND NO 1100 DOLLARS ($2,000.00). Each day
that any such violation occurs shall constitute and be
punishable as a separate offense.
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 provisions, section, exception, subsection,
paragraph, sentence, clause or phrase of this ordinances 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 or of the remaining
provisions of this ordinance or their application to other persons
of sets of circumstances and to this end all provisions of this
ordinance ar declared to be severable.
Section 4: 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 Bytown 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 10th day of December,
1992.
Ai�;OBBY4.EDILLE, Mayor
ATTEST:
cJ
EILEEN P. HALL, City Clerk
ACIO RAMIRE;1R. , City Attorney
legal / council /12- 10- 92bungeeCORDjumping
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