Ordinance No. 12,267ORDINANCE NO. 12,267
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 2
"LICENSE," SECTION 74 -61 "REQUIRED" AND SECTION 74 -69 "DURATION,"
SUBSECTION (B) "OPEN AIR VENDOR LICENSE" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, TO CLARIFY THE LENGTH OF TIME AN
OPEN AIR VENDOR MAY OPERATE FROM A LOCATION BEFORE LOCATING
WITHIN A PERMANENT STRUCTURE AND TO LIMIT THE NUMBER OF TIMES
A PROPERTY OWNER MAY ALLOW OPEN AIR VENDORS TO OPERATE FROM
HIS PROPERTY DURING A 12 -MONTH PERIOD; PROVIDING A REPEALING
CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM
PENALTY OF FIVE HUNDRED AND NO /100 DOLLARS ($500.00); AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That Chapter 74 "Peddlers and Solicitors," Article It "Itinerant Merchants and
Open Air Vendors," Division 2 "License," Section 74 -61 "Required" of the Code of Ordinances,
Baytown, Texas, is hereby amended to add a new subsection to be numbered subsection (e), which
subsection shall read as follows:
CHAPTER 74. PEDDLERS AND SOLICITORS
ARTICLE II. ITINERANT MERCHANTS AND OPEN AIR VENDORS
DIVISION 2. LICENSE
Sec. 7461_ Required.
(e) It shall be unlawful for any person to allow more than two open air vendors to operate on each
property he owns or leases during a 12-month period_
Section 2: That Chapter 74 "Peddlers and Solicitors," Article II "Itinerant Merchants and
Open Air Vendors," Division 2 "License," Section 74 -69 "Duration," subsection (b) "Open air vendor
license" of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 74. PEDDLERS AND SOLICITORS
ARTICLE II. ITINERANT MERCHANTS AND OPEN AIR VENDORS
DIVISION 2. LICENSE
Sec. 74 -69. Duration.
(b) Open air vendor license. All open air vendor licenses issued under this division shall be valid
from the date shown thereon for a period of 30 consecutive calendar days, unless sooner revoked
as provided in this division. An open air vendor may only obtain one permit for a property in a
twelve -month period. Prior to tile expiration of the purnh, be open air vendor must comploct,
vacate the propeny by removing front be pnVeny all pemmull pl-opm, used in his opemions,
No more than two open air vendor licenses inay be kstwd to as heron under Wis Avishn "Ahk as
twelve-morith pm±W.
SQ,etion 3: All ordinances or pans or onJinances inconsistent vvith the ternis of ()its
ordinance are hereby repeated; provided, homwer, that mich repeal shall be only to tile extent of such
inconsistency and in all other respects tWs ordhance shall be cumulative ol'other ordinances regulatiryg,
and govening the subject maw covered by this ordWance.
Section 4: If ny, provkion, se-clim; exception admecdoto pamgmph, senteme, dame or
phrase of this cudinance or the applkatioti of same to an), person or the set orcieurnswrices, shall Or any
rusmi be held unammitutional. void or invalki, sucl invalicitty shall not affect tile validity of the
remaniOng provisions of this ordhiance or dwd application to other persons or sas of circumsumces and to
this end all provisions of this ordinance are declared to be severable.
Seaton 5: Any person who tails to comply with any pnnision of this oindirumce shall he
guilty of a inisdenicanor atuL upon conviction, shall be Immished by a fine not exceeding F'IV[-,'
H(JNDRF,,D AND NO/100 DOLLARS ($500101 Well net of violation and each day upori mlich an y
such violation shall occur shall conMiAme it separate offlense, In addition to the penalty prescribed above,
tile City May pursue other rernedies, satch as abatement of nuisances, injunctive relief, administrative
actiudication and revocation of licenses or permits.
Scuion 6: 115s, ordinance shall take effect froin and after ten (10) days Unn its passage by
be City CluxlcH. Ile City Clerk is hereby directed to give notice hereof by caming the caption of this
cwWrice to be pubhshed in the WWI newspaper of the (sy eat r Baytown at least w6ce xvikin town (10)
days after pnmage orris ordWance. OIN
INTRODUCL-J), Rl",AD, and PASSED by the aff
Baytown, this the 13"' day, ofJune 2011
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