Ordinance No. 6,513Published: The Baytown Sun 930128 --5
Wednesday, February 3, 1993
Thursday, February 4, 1993 ORDINANCE N0. 6513
AN ORDINANCE AMENDING SUBSECTION (d) (5) "A SMOKING AREA
MAY NOT BE DESIGNATED IN:" OF SECTION 17 -23, "SMOKING
PROHIBITED IN PUBLIC PLACES," OF CHAPTER 171r
"MISCELLANEOUS PROVISIONS AND OFFENSES," OF THE CODE OF
ORDINANCES OF THE CITY OF BAYTOWN, TEXAS; PROVIDING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Subsection (d)(5) "A Smoking Area may not be
Designated In: ", of Section 17 -23, "Smoking Prohibited in Public
Places," of Chapter 17, "Miscellaneous Provisions and Offenses,"
of the Code of Ordinances, City of Baytown, Texas, is hereby
amended to read as follows:
Sec. 17 -23. Smoking Prohibited In Public Places.
(d) Designation of smoking areas.
(5) A smoking area may not be designated in:
a. An elevator;
b. A school bus;
C. A public means of mass transportation;
d. A rest room;
e. A service line, cashier area, over - the - counter sales
area, or common traffic area, unless the public
place has been designated in its entirety as a
smoking area;
f. A place in which smoking is prohibited by the fire
marshall of the state or a political subdivision or
by other law, ordinance, or rule; or
g. Any building used for City of Baytown purposes.
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repealed; provided however, that such repeal shall be only to the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
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.
930128 -5a
Section 4: The provisions of this ordinance shall become
effective beginning February 15, 1993. 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 28th day of January,
1993.
—BO 'BB Y CR ILLE, May Or
ATTEST:
I EEN P. LL, City Clerk
W� 26
4AIIAI�ORAMIREZ, S . City Attorney
legal/ council /1- 28- 93ameadCH17smoking
OA