Ordinance No. 11,916ORDINANCE NO. 11,916
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," SUBSECTION (E) "DISTANCE REQUIREMENTS" OF THE
CODE OF ORDINANCES, BAYTOWN, TEXAS; TO EXCEPT EVENTS AT
BICENTENNIAL PARK FROM THE DISTANCE REQUIREMENTS OF THE
LIVE OUTDOOR EXHIBITION ORDINANCE; 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 42 "Health and Sanitation," Article V "Live Outdoor
Exhibitions," Section 42 -286 "Permit required," Subsection (e) "Distance requirements" of the
Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 42. HEALTH AND SANITATION
ARTICLE V. LIVE OUTDOOR EXHIBITIONS
Sec. 42 -286. Permit required.
(e) Distance requirements.
(1) Except as provided in subsection (e)(2), no live outdoor performance, exhibition,
carnival or circus shall be located less than 500 feet from property used as a
residence, school, hospital or church.
(2) The distance requirements specified in subsection (e)(1) shall not apply to a live
outdoor performance, exhibition, carnival or circus
a. held by a church, school, school organization, hospital, or governmental
entity and operated on church, school, hospital, or governmental entity
grounds; or
b. held at Bicentennial Park.
Section 2: Any person who fails to comply with any provision contained in 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 3: 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ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of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 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
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 5: 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, READ and PASSED by the affirmative v of thheCity Council of the
City of Baytown, this the 12th day of April, 2012.
APPROVED AS TO FORM:
t '`
Mayor
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