Ordinance No. 11,869ORDINANCE NO. 11,869
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 66 "OFFENSES," ARTICLE I "IN
GENERAL" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO
ADD SECTIONS 66 -3 "HOURS OF CLOSURE FOR CERTAIN CITY
PROPERTY" AND 66 -4 "ENTERING PORTIONS OF CITY BUILDINGS
WITHOUT CONSENT "; PRESCRIBING A MAXIMUM PENALTY OF FIVE
HUNDRED AND NO /100 DOLLARS ($500.00); PROVIDING A REPEALING
CLAUSE; CONTAINING 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 66 "Offenses," Article I "In General" of the Code of
Ordinances, Baytown, Texas, is hereby amended to add a new section to be numbered and
entitled Section 66 -3 "Hours of closure for certain city property," which section shall read as
follows:
CHAPTER 66. OFFENSES
ARTICLE I. IN GENERAL
Sec. 66 -3. Hours of closure for certain city property.
(a) Definitions. The following words, terms and phrases, when used in this section, shall
have the meanings ascribed to them in this subsection, except where the context clearly
indicates a different meaning:
Library grounds means the Sterling Municipal Library and the grounds
surrounding the library bounded by W. Sterling Ave. on the north, Decker Dr. and the
Lee College Building located at 909 Decker Drive on the east, W. West Texas Ave. on
the south, and Price Street on the west.
City hall /community center grounds means the property on which city hall and the
community center are located together with the grounds surrounding such facilities
bounded by Market Street on the north, State Hwy 146 on the east, W Main Street on the
south, and Utility Billing located at 2505 Market and NC Foote Park on the west.
(b) Closure. The following city property will be closed to the public each day from
10:00 p.m. until 5:00 a.m.:
(1) the city hall /community center grounds and
(2) the library grounds.
(c) Offense. A person commits an offense if he is on the premises of a city property
designated in Subsection (b) during hours in which the property is closed.
(d) Defenses. It is a defense to prosecution under Subsection (c) that the person was:
(1) attending or working at a special event, activity, convention, or program that was
being conducted with city authorization on the city property or subsequently
leaving the event, activity, convention, or program within a reasonable time after
it had ended for the day;
(2) on the city property in accordance with the terms of a lease, rental agreement,
contract, or other written permission from the city; or
(3) a city employee or a law enforcement officer in the performance of official duties.
Section 2: That Chapter 66 "Offenses," Article I "In General' of the Code of
Ordinances, Baytown, Texas, is hereby amended to add a new section to be numbered and
entitled Section 66 -4 "Entering portions of city buildings without consent," which section shall
read as follows:
CHAPTER 66. OFFENSES
ARTICLE I. IN GENERAL
Sec. 66 -4. Entering portions of city buildings without consent.
(a) Definitions. The following words, terms and phrases, when used in this section, shall
have the meanings ascribed to them in this subsection, except where the context clearly
indicates a different meaning:
Building means an enclosed structure owned by the city to which the public or a
substantial group of the public has access.
Conspicuously marked means a sign posted to be reasonably likely to come to the
attention of anyone approaching an entrance to a portion of a building.
Owner means an officer or employee of the city with apparent authority to act for
city.
(b) Offense. A person commits an offense if he enters a portion of a building without
consent of the owner if the portion of the building entered is conspicuously marked to
give notice that:
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(1) entry is restricted to a specific class of persons of which the actor is not a
member; or
(2) entry is prohibited to the public.
Section 3: Any person who fails to comply with any provision of this ordinance
hereof 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: It' 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, REIAD and PASSED by the affirmative f the City Council of the
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City of Baytown, this the 23'd day off�ebruary, 2012. 7T
DONCARL(KI Mayor
APPROVED AS,rO FORM:
IACIO RAMIREZ, SR., CW't'Attorney
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