Ordinance No. 10,248Published in the Baytown
Sun on February 2, 2006
ORDINANCE NO. 10,248 and February 4, 2006
® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 94 "TRAFFIC AND VEHICLES," ARTICLE V "STOPPING,
STANDING AND PARKING," DIVISION 2 "PARKING," SECTION 94 -181, "PROOF OF
OWNERSHIP OF VEHICLE; PRESUMPTION," AND AMENDING CHAPTER 94
"TRAFFIC AND VEHICLES," ARTICLE VI "REGULATION OF CERTAIN VEHICLES,"
DIVISION 2 "TRUCKS," SECTION 94 -242 "OFFENSES" OF THE CODE OF
ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, PROVIDING FOR CITATIONS
FOR PARKED, UNATTENDED COMMERCIAL VEHICLES DETERMINED TO BE IN
VIOLATION OF THE TRUCK ROUTES PRESCRIBED IN SECTION 94 -241;
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 94 "Traffic and Vehicles," Article V "Stopping, Standing and Parking,"
Division 2 "Parking," Section 94 -181 "Proof of ownership of vehicle; presumption" of the Code of Ordinances
of the City of Baytown, Texas, is hereby amended to read as follows:
CHAPTER 94. TRAFFIC AND VEHICLES
ARTICLE V. STOPPING, STANDING AND PARKING
DIVISION 2. PARKING
Sec. 94 -181. Proof of ownership of vehicle; presumption.
In any prosecution authorized by this chapter or the parking regulations of V.T.C.A.,
Transportation Code § 545.301 et seq. or both, when proof is presented as to the identity of
the registered owner of a vehicle, such owner shall be presumed to have stopped, stood or
parked such vehicle.
Section 2: That Chapter 94 "Traffic and Vehicles," Article VI "Regulation of Certain Vehicles,"
Division 2 "Trucks," Section 94 -242 "Offenses" of the Code of Ordinances of the City of Baytown, Texas, is
hereby amended to read as follows:
CHAPTER 94. TRAFFIC AND VEHICLES
ARTICLE VI. REGULATION OF CERTAIN VEHICLES
DIVISION 2. TRUCKS
Sec. 94 -242 Offenses.
(c) A person may not park a commercial motor vehicle on private property within the
corporate limits of the city, not located immediately adjacent to a designated truck route in
section 94 -241, unless the commercial motor vehicle:
(1) is transporting persons [other than the driver or his assistant(s)] or property to or
from the residential subdivision or performing work in the subdivision; and
+ (2) remains parked in the subdivision only for the period necessary to complete the
® transportation or work.
Section 3: 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 4: 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 5: If any provisions, section, exception, subsection, paragraph, sentence, clause or phrase
of this ordinance or the application of same to any person or 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 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 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, on this the 26th day of January, 2006.
APPROVED AS TO FORM:
ACID RAMIREZ, SR., CiUk omey
CALVIN MUNDINGER, Mayo
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