Ordinance No. 12,279ORDINANCE NO. 12,279
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 42 "HEALTH AND SANITATION,"
ARTICLE V "LIVE OUTDOOR EXHIBITIONS," SECTION 42 -286 "PERMIT
REQUIRED" BY AMENDING SUBSECTION (A) "GENERALLY"
RENUMBERING SUBSECTIONS (N) "LIMITED EXEMPTION" AND (0)
"VIOLATION" AS SUBSECTIONS (0) "LIMITED EXEMPTION" AND (P)
"VIOLATION," AND ADDING A NEW SUBSECTION TO BE NUMBERED
AND ENTITIELD SUBSECTION (N) "EXCEPTION" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, TO CLARIFY THAT THE
REGULATIONS ARE FOR EVENTS TO WHICH THE PUBLIC IS INVITED
AND TO PROVIDE AN EXCEPTION FOR CERTAIN PROMOTIONAL
EVENTS; PROVIDING A REPEALING CLAUSE; CONTAINITTG A
SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE
HUNDRED AND 1,401100 DOLLARS ($500.00); AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF-
* * * * * * * W * * * * * *** A. * * * * * ** * W * * * * * * * * * * * * * * ** * W * * * * ** ** * * * ** * * * * * 41. ** * * * * * * * -*-I-s* 41-*
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 42 "Health and Sanitation," Article V "Live Outdoor
Exhibitions," Section 42 -286 "Permit required," Subsection (a) of the Code of Ordinances,
Baytown, Texas, is hereby amended to read as follows:
CHAPTER 42. HEALTH AND SANITATION
ARTICLE V. LIVE OUTDOOR EXHIBITIONS
See. 42 -286. Permit required.
(a) Generally. It shall be unlawful for any person to set up or operate any live outdoor
performance, exhibition, carnival or circus, of man, machine or animal within the city to
which the public is invited unless and until such person has first obtained a permit issued
by the director of health and paid a permit fee.
Section 2: That Chapter 42 "Health and Sanitation," Article V "Live Outdoor
Exhibitions," Section 42 -286 "Permit required" is hereby amended by renumbering Subsections
(n) "Limited exemption" and (o) "Violation" as Subsections (o) "Limited exemption" and (p)
"Violation_"
Section 3: That Chapter 42 "Health and Sanitation," Article V "Live Outdoor
Exhibitions," Section 42 -286 "Permit required" of the Code of Ordinances, Baytown, Texas, is
hereby amended to add a new subsection to be numbered and entitled Subsection (n)
"Exception," which subsection shall read as follows:
CHAPTER 42. HEALTH AND SANITATION
ARTICLE V. LIVE OUTDOOR EXHIBITIONS
Sec. 42 -286. Permit required.
(n) Exception. It is an exception to the application of this section if the live outdoor
exhibition is a promotional event, which is held:
(1) by and for a commercial establishment within the city;
(2) on the same property from which the commercial establishment conducts business
within a structure for which a certificate of occupancy has been issued by the
chief building official of the city; and
(3) on no more than two calendar days a year.
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 provision, section, exception, subsection, 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 6: 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 7: 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, Rl,"AD, and PASSI-.D by the affirinalive vow/ch'the City Council of the
C'ity of Baytown, this the 27 111 day of.lunc, 2013, / I
ATIT"S'' IP
'ICIA'13'R y SC 1-11
APPROVJ D AS 1`0
R A,,acnTllol'tky Ccqmci I l0rdmaucs",20 I 34,lwne 2711 neOuldLmn I-,
PH EN H. DONC.'ARLOS, Mayor