Ordinance No. 10,101Published in the Baytown Sun on
Tuesday, July 19, 2005 and
ORDINANCE NO. 10,101 Thursday, July 21, 2005
• AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 70 "PARKS AND RECREATION," SECTION 70 -1 "CLOSING
HOURS" TO ESTABLISH CLOSING HOURS FOR THE BAYTOWN
NATURE CENTER; SECTION 70 -2 "MOTOR VEHICLE OPERATIONS" TO
EXPAND THE SCOPE OF THE SECTION TO INCLUDE BICYCLES AND
PROVIDE SOME SPECIAL PROHIBITIONS RELATING TO THE
BAYTOWN NATURE CENTER; SECTION 70 -4 "GOLF" TO PROHIBIT
GOLFING IN ANY FORM IN THE BAYTOWN NATURE CENTER;
SECTION 70 -7 "DOGS" TO PROHIBIT PETS OF ANY VARIETY IN THE
BAYTOWN NATURE CENTER; SECTION 70 -12 "FIRES" TO PROHIBIT
FIRES WITHIN THE BAYTOWN NATURE CENTER; SECTION 70 -13
"MODEL CARS OR AIRPLANES" TO EXPAND THE PROHIBITION OF
MODEL CARS OR AIRPLANES TO INCLUDE MODEL BOATS AND
OTHER REMOTE- CONTROLLED DEVICES WITHIN THE BAYTOWN
NATURE CENTER; RENUMBERING SECTION 70 -17 "VALIDITY OF
PERMITS" TO SECTION 70 -20 "VALIDITY OF PERMITS" AND
AMENDING THE SAME; ADDING SECTION 70 -17 "FISHING," SECTION
70 -18 "SWIMMING," AND SECTION 70 -19 `BOATING" TO PRESCRIBE
RULES CONCERNING THE USE OF THE BAYTOWN NATURE CENTER;
PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED
AND NO /100 DOLLARS ($500.00); AND PROVIDING FOR THE
PUBLICATION AND THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 70 "Parks and Recreation," Section 70 -1 "Closing hours" of
the Code of Ordinances, City of Baytown, Texas, is hereby amended to read as follows:
CHAPTER 70. PARKS AND RECREATION
See. 70 -1. Park hours.
(a) Offenses. A person commits an offense if he enters or remains:
(1) in the Baytown Nature Center during hours in which the park is closed, which
hours, periods and days of closure are posted at the park's entrance and include:
a. between 30 minutes after sunset and 30 minutes before sunrise as
determined monthly by the director of parks and recreation;
b. all times during inclement weather conditions as determined by the
® director of parks and recreation; and
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• C. between 12:01 a.m. and 12:00 p.m. on December 25; or
(2) in any other municipal park, between 10:00 p.m. and 5:00 a.m., when such hours are
posted at the park.
(b) Exception. It is an exception to the application of this section, if
(1) the person is conducting official city business as an authorized municipal
employee, an on -duty law enforcement, fire suppression or emergency medical
service officer; or
(2) the person enters or remains in the Wayne Gray Sports Complex during the
prohibited hours specified in subsection (a)(2).
(c) Defense. It is a defense to prosecution under subsection (a)(2) of this section that:
(1) the person holds a valid permit authorizing the individual to be in the park between
the hours of 10:00 p.m. and 5:00 a.m. issued by the director of parks and
recreation;
(2) the person is launching or recovering a boat from a park boat ramp; or
(3) the person is actively engaged in fishing activities on piers, docks or bulkheads
designed, in whole or in part, for such activities.
Section 2: That Chapter 70 "Parks and Recreation," Section 70 -2 "Motor vehicle
operation" of the Code of Ordinances, City of Baytown, Texas, is hereby amended to read as
follows:
CHAPTER 70. PARKS AND RECREATION
Sec. 70 -2. Vehicle operations.
(a) Motor vehicles. It shall be unlawful for any person to drive, propel or park any motor
vehicle over, through or on any park, other than along or upon public streets or
designated park drives and parking spaces and parking areas, except by permit.
(b) Bicycles. It shall be unlawful for any person to ride, propel or park any bicycle or any
other similar vehicle over, through or on the natural areas of the Baytown Nature Center,
other than along trails designated for bicycle and pedestrian traffic if the person is at least
18 years of age or accompanied by an adult.
Section 3: That Chapter 70 "Parks and Recreation," Section 70 -4 "Golf' of the Code
® of Ordinances, City of Baytown, Texas, is hereby amended to read as follows:
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• CHAPTER 70. PARKS AND RECREATION
Sec. 70 -4. Golf.
It shall be unlawful for any person:
(a) within the Baytown Nature Center to hit golf balls or to play or participate in any
form of golf, or
(b) within any other public park, or a parkway, playground or any other public place
used or designated for public recreation to hit golf balls, except floating -type
practice balls that are incapable of doing injury to persons or objects.
Section 4: That Chapter 70 "Parks and Recreation," Section 70 -7 "Dogs" of the Code
of Ordinances, City of Baytown, Texas, is hereby amended to read as follows:
CHAPTER 70. PARKS AND RECREATION
Sec. 70 -7. Pets.
(a) It shall be unlawful for any person to permit any dog owned or possessed by him to run at
large or permit any such dog in a park unless it shall at all times be kept on a leash. No
dog shall be permitted, in any manner whatsoever, in any park in the proximity of any
athletics /sports facilities during practice sessions or league or tournament activities.
Additionally, no pet, including, but not limited to, dogs, shall be permitted, in any manner
whatsoever, in the Baytown Nature Center.
(b) Subsection (a) of this section shall have no application to a support dog guiding or
otherwise aiding a totally or partially blind or otherwise incapacitated person while such
person is in such park.
Section 5: That Chapter 70 "Parks and Recreation," Section 70 -12 "Fires" of the
Code of Ordinances, City of Baytown, Texas, is hereby amended to read as follows:
CHAPTER 70. PARKS AND RECREATION
Sec. 70 -12. Fires.
It shall be unlawful for any person to start or maintain any outdoor fire:
(1) in the Baytown Nature Center other than a fire for vegetation control as
authorized by the director of parks and recreation and the fire chief, except by
® permit; or
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(2) in any other park, other than a cooking fire that is started and maintained only in a
stove or barbecue pit, except by permit.
Section 6: That Chapter 70 "Parks and Recreation," Section 70 -13 "Model cars or
airplanes" of the Code of Ordinances, City of Baytown, Texas, is hereby amended to read as
follows:
CHAPTER 70. PARKS AND RECREATION
Sec. 70 -13. Model cars, boats, airplanes.
(a) It shall be unlawful for any person to operate motor - driven model cars or airplanes on or
over park drives or parking areas.
(b) It shall be unlawful for any person to operate motor - driven model cars, boats or airplanes
or any other remote - controlled devices within the Baytown Nature Center.
Section 7: That Chapter 70 "Parks and Recreation," Section 70 -17 "Validity of
permits" of the Code of Ordinances, City of Baytown, Texas, is hereby renumbered as Section
70 -20 "Validity of permits" and is amended to read as follows:
CHAPTER 70. PARKS AND RECREATION
Sec. 70 -20. Validity of permits.
All permits referenced in this chapter shall be valid only if issued by the director of parks
and recreation and then only in accordance with the terms specified in the permit.
Section 8: That Chapter 70 "Parks and Recreation," of the Code of Ordinances, City
of Baytown, Texas, is hereby amended by adding a section to be numbered and entitled Section
70 -17 "Fishing," which said section reads as follows:
CHAPTER 70. PARKS AND RECREATION
See. 70-17. Fishing.
It shall be unlawful for any person to fish in natural area or freshwater ponds within the
Baytown Nature Center.
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Section 9: That Chapter 70 "Parks and Recreation," of the Code of Ordinances, City
of Baytown, Texas, is hereby amended by adding a section to be numbered and entitled Section
70 -18 "Swimming," which said section reads as follows:
CHAPTER 70. PARKS AND RECREATION
Sec.70 -18. Swimming.
It shall be unlawful for any person to swim or dive from areas:
(1) within the Baytown Nature Center or
(2) where signs are posted prohibiting the same.
Section 10: That Chapter 70 "Parks and Recreation," of the Code of Ordinances, City
of Baytown, Texas, is hereby amended by adding a section to be numbered and entitled Section
70 -19 "Boating," which said section reads as follows:
CHAPTER 70. PARKS AND RECREATION
Sec.70 -19. Boating.
(a) Boating, including, but not limited to canoeing and kayaking, is prohibited within the
Baytown Nature Center.
(b) It shall be unlawful for any person to launch or recover a boat from within the natural
area Baytown Nature Center, except by permit.
Section 11: 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 12: 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 13: 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). Each act of violation and each day
® upon which any such violation shall occur shall constitute a separate offense. In addition to the
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® 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 14: 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 14th day of July, 2005.
CALVIN MUNDINGER, Mayo
ATTEST:
AI: W. SMITH, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., Ci Attorney
® RAKaren \Files \City Council\ Ordinances\ 2005V uly. i4\ Misce llaneous?arkRuleChanges.doe
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