Ordinance No. 10,120Published in the Baytown Sun on
Tuesday, August 16,.2005 and
ORDINANCE NO. 10,120 Thursday, August 18, 2005
• AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 70 "PARKS AND RECREATION," SECTION 70 -8 "ALCOHOLIC
BEVERAGES" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO
PROHIBIT THE POSSESSION AND CONSUMPTION OF ALCOHOLIC
BEVERAGES IN CITY PARKS, EXCEPT IN BAYLAND PARK; PROVIDING
A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE;
PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND N01100
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 -8 "Alcoholic
I .
beverages" of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 70. PARKS AND RECREATION
Sec. 70 -8. Alcoholic beverages.
It shall be unlawful for any person to possess or consume alcoholic
beverages in city parks except at Bayland Park, and there only at times and under
conditions and requirements designated by the director of parks and recreation in
consultation with the city manager and other city staff.
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ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of
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 pdnished by a fine not exceeding
FIVE HUNDRED AND NO 1100 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
penalty prescribed above, the city may pursue -other remedies such as abatement of nuisances,
• injunctive relief, administrative adjudication and revocation of licenses or permits.
iSection 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 11'h day of August, 2005.
CALVIN MUNDIN GER, Mayor
ATTEST:
Gk' 1' 170 W. SMITH, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, SR ity Attorney
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