Ordinance No. 11,495ORDINANCE NO. 11,495
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, DECLARING THE INITIATIVE ORDINANCE, LIMITING THE USE OF
TRAFFIC LAW PHOTO- MOMTORINO DEVICES WITHIN THE CITY,
ADOPTED; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, the City Council of the City of Baytown on August 24, 2010, ordered a special
election to be held on November 2, 2010, for the purpose of submitting to the electors a proposed
initiative ordinance limiting the use of traffic law photo - monitoring devices within the City; and
WHEREAS, on November 2, 2010, a uniform election date, voters within the City voted
upon the proposition enumerated hereinbelow; and
WHEREAS, on November 15, 2010, the City Council of the City of Baytown canvassed the
results of the initiative ordinance election and found the votes cast were as follows:
PROPOSITION NO. 1
The initiative ordinance limiting the use of traffic law photo - monitoring devices within the
City.
For 6,357 votes
Against 4,507 votes; and
WHEREAS, because the majority of the electors voting on Proposition No. 1 voted in favor
thereof, the initiative ordinance shall be an ordinance of the City of Baytown, Texas; and
WHEREAS, the City Council, pursuant to its election order and Section 96 of the Charter of
the City of Baytown, Texas, by this ordinance enters its order in the records of the City of Baytown
declaring the initiative ordinance adopted; NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby finds that the
above - referenced recitals are true and correct.
Section 2: That the City Council of the City of Baytown, based upon the results of the
initiative ordinance election held on November 2, 201 O, hereby enters an order in the records of the
City of Baytown declaring that the initiative ordinance, which is attached hereto as Exhibit "A" and
incorporated herein for all intents and purposes, adopted.
Section 3: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown. The initiative ordinance shall take effect in accordance with
Section 3 of the same.
INTRODUCED. RI.." AD and PASSILD by theaffinnative vote of tI15,,,City Council ofthe City
cat" llaylown this the 15'l' clay of'November, 2010.
II
S'11-- P I I [--�'N 1l. DONCARL,OS, Mayor
APPROVI'D ASTO F(")RM:
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ACIO MIREZ SR., Ci y ttortlev
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Exhibit "A"
Proposed Ordinance
No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING
THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, CHAPTER 94 'TRAFFIC
AND VEHICLES ", ADDING ARTICLE VIII "LIMITS ON ENFORCEMENT; PROVIDING A
SAVINGS CLAUSE; 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" of the Code of Ordinances of the City of
Baytown, Texas, is hereby amended, to add the following new Ordinance:
ARTICLE VIII. LIMITS ON ENFORCEMENT
Sec. 94 -341. Purpose
(a) It is the purpose of this article to limit the conditions under which a ticket may be issued
for qualified traffic law violations detected by the use of traffic law photo - monitoring
devices.
(b) This artide shall apply within the corporate boundaries of the city.
Sec. 94-342. Definitions.
The following terms and phrases, when used in this article, shall have the meanings ascribed
to them in this article, except where the context clearly indicates a different meaning
Law enforcement officer means any law enforcement officer as defined by the Texas Code of
Criminal Procedures Article 220 subsection (1) thru (4).
Qualified traffic law violation means a violation of any of the following:
(1) Any state or local law relating to complying with a traffic control signal or a railroad
crossing sign or signal; or
(2) any state or local law limiting the speed of a motor vehicle.
Ticket means any traffic citation, summons, or other notice of liability (whether civil or
criminal) issued in response to an alleged qualified traffic law violation detected by a traffic law
monitoring photo-monitoring device.
Traffic law photo monitoring device means an electronic system consisting of a
photographic, video, or electronic camera and a means of sensing the presence of a motor vehicle
that automatically produces photographs, videotape, or digital images of the vehicle, its license
plate or its owner.
Sec. 94343. Condition limits.
The City of Baytown, including its various Boards, agencies, departments, or assignees
shall not use any traffic law photo - monitoring device for the enforcement of a qualified traffic law
violation, unless a law enforcement officer is present at the time and location of the violation and
observes such.
Section 2: If any provision, section, exception, 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 3: 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, Texas, at least
twice within ten (10) days after passage of this Ordinance.
Introduced, read and passed by affirmative vote of the City Council of the City of
Baytown, Texas, this day of 2010.
STEPHEN H. DONCARLOS, Mayor
ATTEST
City Clerk
APPROVED AS TO FORM
IGNACIO RAMIREZ, SR, City Attorney