Ordinance No. 10,550ORDINANCE NO. 10.550
AN ORDINANCE OF THE CITY COUNCIL OF TI-IE CITY OF BAYTOWN,
TEXAS. AMENDING CHAPTER 42 "HEALTH AND SANITATION."
ARTICLE Ill '-ShIOKING." SECTION 42-96 "DEFINITIONS" TO ADD A
DEFINITION OF "PLACE OF WORSHIP": 42-102 "WHERE SMOICING NOT
REGULATED." SUBSECTION G TO CLARIFY TI IE EXEMPTION
CONCERNING OUTDOOR AREAS: .AND SECTION 42- 104 "POSTING OF
SIGNS" OF THE CODE OF ORDINANCES. BAYTOWN. TEXAS, TO
ADDRESS SIGNAGE REQUIREMENTS AhD ASHTRAYS IN PUBLIC
PLACES: CONTAINING A SAVINGS CLAUSE: REPEALING
INCONSISTENT ORDINANCES: PRESCRIBING A MAXIMUM PENALTY
OF TWO THOUSAND AND N0/100 DOLLARS (S2,000.00): AND
PROVIDING FOR THE PUBLICATIOK 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 I11 "Smoking." Section
42-96 "Definitions" of the Code of Ordinances, City of Baytown, Tcsas, is hereby amended to
add a definition of "place of worship," which definition shall read as follows:
CHAPTER 42. HEALTH AND SANITATION
ARTICLE 111. SJIOKING
Sec. 42-96. Detinitions
The following words. terms and phrases. when used in this article. shall have the
meanings ascribed to them in this section. except where the context clearly indicates a different
meaning:
. . .
Place of ~c~o/.ship mcans an enclosed area under the opcration and control of an
organization that qualifies as a religious organization as provided by V.T.C.A., Tax Code
1 1.20(c) and that is exempt from ad valorem taxation pursuant to V.T.C.A., Tax Code 8 1 1.20.
Section 2: That Chapter 42 "Health and Sanitation," Article I11 "Sn~oking." Section
42-102 "Where Smoking Not Regulated." Subsection G of the Code of Ordinances. City of
Baytown. Texas. is hereby amended to read as follo\vs:
CHAPTER 42. HEALTH AND SANITATION
ARTICLE Ill. SAIOKIXC
Sec. 42-102. \\'here Smoking Sot Regulated
Notwithstanding any other provision of this Article to the contrary. the following arcas
shall be exempt from the provisions of Sections 42-98 and 42-99:
...
G. Outdoor areas of places of employment except thosc covercd by the provisions of
Sections 42- 100,42- 10 1 and 42- 103:
Section 3: That Chapter 42 "Health and Sanitation," Article I11 "Sn~oking," Section
42-104 "Posting of Signs" of the Code of Ordinances, City of Baytown, Texas, is hereby
amended to read as follows:
CHAPTER 42. HEALTH AND SANITATIOS
ARTICLE 111. S3IOKING
Scc. 42-1 04. Postirig of Signs
A. Except as provided for in subsections E and F of this section, signs containing the words
"No Smoking" andlor the international "No Sn~oking" syn~bol (consisting of a pictorial
representation of a burning cigarette enclosed in a red circle with a red bar across it) shall
be clearly and conspicuously posted in every public place and place of employment
where smoking is prohibited by this Article. by the owner. operator, manager. or other
person in control of that place.
B. Except as provided for in subsections E and F of this section. evcry public place and
place of employment where smoking is prohibited by this Article shall have posted at
every entrance a conspicuous sign clearly stating that stnoking is prohibited inside and
within 15 feet of the entrance.
C. All signs required under this section must be at least 8.5 inches x 11 inches and shall
include the inforniation required in this section and must bc written in contrasting colors
with block letters at least one inch in height.
D. All ashtrays shall be removed from any area where smoking is prohibited by this h-&iclc
by the owner, operator, manager. or other person having control of the area, except those
\vhich are being offered for sale, those that are included as part of original equipment on
a motor vehicle or are being stored for use in places where smoking is permitted.
E. An organization that qualifies as a religious organization as provided by V.T.C.A.. Tax
Code, $1 1.20(c) is not required to post signs at its place of worship as required by this
section if the organization has adopted a nonsmoking policy consistent with this article.
F. Signs shall not be required to be placed on vehicles: however. at least one sign as
required in subsection A of this section must be posted conspicuously inside vehicles for
hire and vehicles used for public transportation.
Section 4: 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
circun~stanccs. shall for any reason be held iinconstitutional, 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 ail provisions of this ordinance are declared to be
severable.
Section 5: 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 6: Any person who shall violate any provision of this ordinance shall be
deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not more
than TWO THOUSAND AND NO1100 DOLLARS ($2,000.00).
Section 7: This Ordinance shall take effect from and after ten (1 0) days from its
passage by the City Council. The City Clerk is hereby &rected 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 (1 0) days after passage of this ordinance.
INTRODUCED, READ , and PASSED, by the vote of the City Council of
the City of Baytown this the ~2"~ day of February, 2007.
APPROVED AS TO FORM:
NACIO RAMLREZ, , City Attorney e