Ordinance No. 14,313ORDINANCE NO. 14,313
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, REPEALING ARTICLE VII "AUTOMATED RED LIGHT
ENFORCEMENT" AND ARTICLE VIII "LIMITS ON ENFORCEMENT" OF
CHAPTER 94 "TRAFFIC AND VEHICLES" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, AMENDING ARTICLE I "IN
GENERAL" CHAPTER 94 "TRAFFIC AND VEHICLES" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, BY ADDING A NEW SECTION TO BE
NUMBERED AND ENTITLED SECTION 94-10 "PEDESTRIAN TRAFFIC"
TO LIMIT PEDESTRIAN TRAFFIC IN CERTAIN MEDIANS AND TO
PROHIBIT PEDESTRIANS FROM ENTERING HIGHWAYS TO SOLICIT
FROM OCCUPANTS OF VEHICLES; PRESCRIBING A MAXIMUM
PENALTY OF FIVE HUNDRED AND N0/100 DOLLARS ($500.00) FOR
OFFENSES CONSTITUTING A VIOLATION; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Article VII "Automated Red Light Enforcement" and Article VIII
"Limits on Enforcement" of Chapter 94 "Traffic and Vehicles" of the Code of Ordinances,
Baytown, Texas, are hereby repealed in their entireties.
Section 2: That Article I "In General" Chapter 94 "Traffic and Vehicles" of the Code
of Ordinances, Baytown, Texas, is hereby amended by adding a new section to be numbered and
entitled Section 94-10 "Pedestrian Traffic."
CHAPTER 94. TRAFFIC AND VEHICLES
ARTICLE I. IN GENERAL
Sec. 94-10. Pedestrian traffic.
(a) Purpose. The purpose of this section is to promote public health, safety and welfare by
reducing hazards caused by pedestrian traffic in medians and public rights -of -way.
(b) Applicability. This section shall apply within the corporate boundaries of the city.
(c) Definitions. The following words, terms and phrases, when used in this section, shall
have the meanings ascribed to them in this subsection, except where the context clearly
indicates a different meaning:
"Crosswalk" means:
(A) the portion of a roadway, including an intersection, designated as a
pedestrian crossing by surface markings, including lines; or
(B) the portion of a roadway at an intersection that is within the connections of
the lateral lines of the sidewalks on opposite sides of the highway
measured from the curbs or, in the absence of curbs, from the edges of the
traversable roadway.
"Highway" means the width between the boundary lines of a publicly maintained
way, any part of which is open to the public for vehicular travel or any part of which is
under construction or repair and intended for public vehicular travel on completion. The
term includes the berm or shoulder that is improved, designed, or ordinarily used for
vehicular travel.
'Median" means the strip of land between the lanes of opposing traffic on a
divided highway.
"Safety zone" means the area in a highway officially designated for exclusive
pedestrian use and that is protected or so marked or indicated by adequate signs as to be
plainly visible at all times while so designated.
"School crossing guard" means a responsible person who is at least 18 years of
age and is designated by a local authority to direct traffic in a school crossing zone for the
protection of children going to or leaving a school.
"School crossing zone" means a reduced -speed zone designated on a street by a
local authority to facilitate safe crossing of the street by children going to or leaving a
public or private elementary or secondary school during the time the reduced speed limit
applies.
"Shoulder" means the portion of a highway that is:
(A) adjacent to the roadway;
(B) designed or ordinarily used for parking;
(C) distinguished from the roadway by different design, construction, or
marking; and
(D) not intended for normal vehicular travel.
(d) Regulation. It is an offense under this section for a person to stop, stand, walk, run or
otherwise enter in or upon,
(1) any median within a highway located within 250 feet of an intersection of at least
two highways where one highway has three or more lanes of traffic in one
direction at the intersection; or
(2) a highway for the purpose of soliciting, selling, or distributing any material to the
occupant of any vehicle stopped on a public roadway in obedience to a traffic
control signal light.
(e) Exceptions. It shall be an exception to prosecution under subsection (d)(1) if:
(1) The person was stopping, standing, walking, running or otherwise in or upon the
median within a public right-of-way in response to or as a result of an emergency;
(2) The person stopping, standing, walking, running or otherwise in or upon the
median was emergency personnel;
(3) The person was crossing a public right-of-way in a crosswalk, in a public safety
zone, or at another location authorized by law and in accordance with all
applicable rules of the road, and is required to pause in or upon the median so as
to avoid traffic;
(4) The person is in or upon the median performing duties delegated to him by a
governmental entity, or its authorized designee or agent, responsible for, among
other things, maintenance of the median;
(5) The person in or upon the median was performing duties or work associated with
a franchised utility or under the authority of article IV of chapter 21 of this code,
as amended, or any other applicable ordinance of the city pertaining to authority
to enter in and/or upon the median for a particular purpose;
(6) The person is in or upon the median pursuant to a lawful order of a peace officer;
or
(7) The person is performing duties as a school crossing guard in a school crossing
zone.
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 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 5: 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
FIVE HUNDRED AND NO/100 DOLLARS ($500.00) for offenses. Each act of violation and
each day upon which any such violation shall occur shall constitute a separate offense.
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
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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 91h day of January, 2020.
BRANDON CAPETI ayor
ATTE T:
LE ILIA BRYSCH, Ci lerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ S ., City Attorney
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