Ordinance No. 9,453Published.in the Baytown
Sun on October 30, 2002 and
ORDINANCE NO. 9453 October 31, 2002
® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 42 "HEALTH AND SANITATION," ARTICLE III
"SMOKING," SECTION 42 -99 "OFFENSE," SUBSECTION (A)(5) TO CORRECT A
SCRIVENER'S ERROR CONCERNING THE OFFENSE OF FAILING TO
POST THE REQUIRED SIGN; PRESCRIBING A MAXIMUM PENALTY OF
TWO THOUSAND AND NO /100 DOLLARS ($2,000.00); 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 Chapter 42 "Health and Sanitation," Article 1111 "Smoking," Section
42 -99 "Offense," Subsection (a)(5) of the Code of Ordinances, City of Baytown, Texas, is
hereby amended to read as follows:
CHAPTER 42-. HEALTH AND SANITATION
ARTICLE III. SMOKING
Sec. 42 -99. Offense.
(a) A person commits an offense if the person:
(5) Is the owner, lessee, manager, operator, or other person in charge of a public place
and fails to post signs as required by section 42 -102;
Section 2: 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 THOUSAND AND NO /100 DOLLARS ($2,000.00). 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 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ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of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: 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 24`h of October, 2002.
ATTEST:
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6MITH', City Clerk
APPROVED AS TO FORM:
�CNACIO RAMIREZ, SO, City Attorney
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PETE C. ALFARO, Ma or