Ordinance No. 8,610Published in The Baytown Sun:
Saturday, June 26, 1999, and
Monday, June 28, 1999
ORDINANCE NO. 8610
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® AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 94 "TRAFFIC AND VEHICLES," ARTICLE V "STOPPING,
STANDING, AND PARKING," DIVISION 2 "PARKING," SECTION 94 -182
"PROHIBITED FOR CERTAIN VEHICLES AND PURPOSES" OF THE
CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS;
PROVIDING A. REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; PRESCRIBING A MAXIMUM PENALTY .OF TWO HUNDRED
AND N01100 DOLLARS ($200.00); PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE
PUBLICATION AND THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY .THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section l: That Chapt& 94 "Traffic and Vehicles," Article V "Stopping, Standing,
and Parking," Division 2 "Parking," Section 94 -182 "Prohibited for certain vehicles and
purposes" of the Code of Ordinances, City of Baytown, Texas, is hereby amended to read as
follows:
CHAPTER 94. TRAFFIC AND VEHICLES
ARTICLE V. STOPPING, STANDING, AND PARKING
DIVISION 2. PARKING
Sec. 94 -1.82. Prohibited for certain vehicles and purposes.
(a) Definitions. The following- words, terms and phrases, when used in this section, shall
have the meanings ascribed to them hereinbelow, except where the context clearly
indicates a different meaning:
Public street means a roadway, alley, road, right- of-way, or other public way, including a
curb, berm, shoulder and all other paved or unpaved portions of the right -of -way.
(b) Offenses.
(1) A person commits an offense if he parks any commercial motor vehicle, on any
public street.
(2) A person commits an offense if he stops, stands or parks a vehicle upon an alley
within the city so as'not to leave ten feet available for traffic movement.
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0 (3) A person commits an offense if he stops, stands or parks a vehicle on a public
street for the purpose of repair or service;
(4) A person commits an offense if he stops; stands or parks a vehicle on a public
street, which vehicle is adapted for the overnight accommodation of persons,
whether occupied or not.
(5) A person commits an offense if he stops, stands or parks any motor vehicle on any
public property, including any street, sidewalk, highway, parking lot, alley or
easement or upon any private property to which the public generally has access,
including shopping. center parking lots, apartment complex parking lots or any
other similar area, for. the purpose of displaying such motor vehicle for sale
without the written permission of the owner of the property.
(c) Defenses.
(1) It shall be a defense to any prosecution under subsection (b)(1) if a person parks,
stops or stands a commercial motor vehicle for the purpose of expeditiously
loading .and unloading passengers, freight or merchandise.
(2) It shall be a defense to any prosecution of this section if repair or service to a
vehicle or trailer, which is stopped or parked in violation of subsection (b) of this
section, was necessitated. by emergency or breakdown and the vehicle or trailer
was so stopped or parked for less than 48 hours.
.(d) Exceptions.
(1) It is an exception to: the enforcement of subsection (b)(4) of this section if the
vehicle or,tfailer is- a customized van, motor home, travel trailer, or truck camper
that is less than 40 feet long and is currently licensed for highway travel and:
(A) The street has sufficient width for traffic movement at the parking site;
(B) No driveway exits or conflicts across the street from the parking site;
(C) The vehicle or trailer has adequate reflective devices on the street side;
and.
(D) The vehicle or trailer has been so parked for less than 72 hours.
(2) It is an exception to subsection (b)(5) of this section if such stopping, standing or
parking was necessitated by the normal use of that vehicle.
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
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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 provision, section, exception, subsection, paragraph, sentence,
clause or phrase of this ordinance or the application of same to any person or the 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 4: Any person who fails to comply with any provision of this ordinance shall
be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding
TWO HUNDRED AND NO /100 DOLLARS ($200.00). Each act of violation and each day
upon which any such violation shall occur shall constitute a separate offense. In addition to the
penalty prescribed above, the city may pursue other remedies such as abatement of nuisances,
injunctive relief, administrative adjudication and revocation of licenses or permits.
Section 5: 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, BREAD, and PASSED by the affirmative vote of the City Council of the
City of Baytown, this the 24`h day of June, 1999.
PETE C. ALFAR , Mayor
ATTEST:
City Clerk D epLt
Myr "o. Qervt,e- e,
APPROVED AS TO FORM:
. .�; City • � omey
® c: k1h177\ Councill0rdinanccs \AmendChapter94Parking062299
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