Ordinance No. 10,215Published in
December 14,
ORDINANCE NO. 10,215 2005
the Baytown Sun on
2005 and December t6,
® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 74 "PEDDLERS AND SOLICITORS,"
ARTICLE II "ITINERANT MERCHANTS AND OPEN AIR VENDORS,"
DIVISION 1 "GENERALLY," SECTION 74 -32 "HOURS" OF THE CODE OF
ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, TO REVISE THE
HOURS OF OPERATION FOR OPEN AIR VENDORS; CONTAINING A
SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE
HUNDRED AND NO /100 DOLLARS ($500.00) FOR EACH VIOLATION
THEREOF; 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 74 "Peddlers and Solicitors," Article II "Itinerant Merchants
and Open Air Vendors," Division 1 "Generally," Section 74 -32 "Hours" of the Code of
Ordinances of the City of Baytown, Texas, is hereby amended to read as follows:
CHAPTER 74. PEDDLERS AND SOLICITORS
ARTICLE II. ITINERANT MERCHANTS AND OPEN AIR VENDORS
DIVISION I. GENERALLY
Sec. 74 -32 Hours.
(a) It shall be unlawful for any person to engage in any activity described in
the definition of "itinerant merchant" in section 74 -26 except between the
hours of 9:00 a.m. and 7:00 p.m.
(b) It shall be unlawful for any person to engage in any activity described in
the definition of "itinerant merchant" in section 74 -26 on a Sunday.
(c) It shall be unlawful for any person to engage in any activity described in
the definition of "open air vendor" in section 74 -26 except between the
hours of 9:00 a.m. and 9:00 p.m.
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
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
® 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ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of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 the 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 effect 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 the passage of this ordinance.
INTRODUCED, READ, AND PASSED by the affirmative vote of the City Council of
Baytown, this the 8`h day of December, 2005.
ATTEST:
APPROVED AS TO FORM:
,rk
NACIO RAMIREZ, Sr., Co Attorney
CALVIN MUNDINGER yor
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