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Ordinance No. 7,878Published in The Baytown Sun: 970109 -9 Tuesday, January 14, 1997, and Wednesday, January 15, 1997. ORDINANCE NO. 7878 AN ORDINANCE DESIGNATING THE WEST SIDE OF NORTH GAILLARD STREET FROM THE ENTRANCE OF THE LE CARP ADULT DAY CARE CENTER PARKING LOT SOUTH TO WEST DEFEE AVENUE AS A RESERVED PARKING FOR THE HANDICAPPED ZONE; REPEALING ORDINANCES INCONSISTENT HEREWITH; PRESCRIBING A MAXIMUM PENALTY FOR EACH VIOLATION; 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 the following described portion of North Gaillard Street is hereby declared to be a reserved parking for the handicapped zone, to -wit: North Gaillard Street: The west side of North Gaillard Street from the entrance of the LeCarp Adult Day Care Center parking lot south to West Defee Avenue. Section 2: The Director of Public Works is authorized and directed to cause the placement of the proper signs to be posted at the above - described location. Section 3: It shall be unlawful for a driver of a vehicle to disobey the instructions of the signs placed in accordance with the provisions of this ordinance, unless at the time otherwise directed by a police officer. Section 4: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other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 5: 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 6: 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 less than One Hundred and No /100 Dollars ($100.00) or more than Two Hundred and No /100 Dollars ($200.00). If it is shown on the trial of an offense under Section 681.011 of the Texas Transportation Code that the person has been previously convicted one time of an offense under this section, the offense is punishable by a fine of not less than Two Hundred and No /100 Dollars ($200.00) or more than Three ® Hundred and No /100 Dollars ($300.00). If it is shown on the trial of an offense under Section 681.011 of the Texas Transportation Code that the person has been previously_ convicted two times 970109 -9a of an offense under this section, the offense is punishable by a fine of not less than Three Hundred and No /100 Dollars ($300.00) or more than Four Hundred and No /100 Dollars ($400.00). If it is shown on the trial of an offense under Section 681.011 of the Texas Transportation Code that the person has been previously convicted three times of an offense under this section, the offense is punishable by a fine of not less than Four Hundred and No/ 100 Dollars ($400.00) or more than Five Hundred and No /100 Dollars ($500.00). If it is shown on the trial of an offense under Section 681.011 of the Texas Transportation Code that the person has been previously convicted four times of an offense under this section, the offense is punishable by a fine of Five Hundred and No /100 Dollars ($500.00). An offense under Section 681.011 of the Texas Transportation Code is punishable by a sentence of community service not to exceed 100 hours. Section 7: 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 January, 1997. 01 81-:01 EIL.EEN P. HALL, City Clerk APPROVED AS TO FORM: ACIO RAMIREZ, R. City Attorney cAcounci1l meetings \january\handicap.9 0 2 PETE C. ALFARO, Mayor