Ordinance No. 12,006ORDINANCE NO. 12,006
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 A NEW SECTION TO BE
NUMBERED AND ENTITLED SECTION 66 -5 "CAMPING IN PUBLIC' TO
PROHIBIT CAMPING IN PUBLIC PLACES; AMENDING CHAPTER 74
"PEDDLERS AND SOLICITORS," ARTICLE IV "PANHANDLING," SECTION 74-
151 "AGGRESSIVE PANHANDLING," SUBSECTION (A) "DEFINITIONS" TO
REVISE THE DEFINITION OF "PUBLIC PLACE" AND TO ADD A DEFINITION
OF "ROADWAY," SUBSECTION (C) "REGULATED CONDUCT" AND
SUBSECTION (D) "DISTANCE MEASUREMENTS" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, TO REQUIRE THE DISCONTINUANCE OF
PANHANDLING ONCE A SOLICITOR HAS BEEN REQUESTED TO STOP; TO
INCREASE THE DISTANCE FROM WHICH A PERSON MAY SOLICIT MONEY
FROM ANOTHER AT AN ATM, PAY PHONE, PARKING METER, PARKING FEE
COLLECTION BOX, VENDING MACHINE OR GAS PUMP; AND TO PROHIBIT
SOLICITORS FROM STANDING IN THE ROADWAY; REPEALING
CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE;
PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO /100
DOLLARS ($500.00) FOR EACH VIOLATION THEREOF; AND PROVIDING FOR
THE PUBLICATION AND EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section l: 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 -5
"Camping in public," which section shall read as follows:
CHAPTER 66. OFFENSES
ARTICLE I. IN GENERAL
Sec. 66-5. Camping in public.
(a) Applicability. This section does not apply to camping or cooking in a city park in compliance
with this code and applicable park regulations.
(b) Definitions. The following words, terms, and phrases when used in this section shall have the
meanings ascribed to them in this subsection, unless the context of their usage clearly indicates
another meaning:
Camp means to use a public place, without regard to a length of time, for living or
sleeping accommodation purposes such as, but not limited to, any of the following:
(1) storing personal belongings;
(2) making a camp fire;
(3) using any tents, shelter or other structure, furniture, refuse or vehicle for living
accommodation;
(4) carrying on cooking activities; or
(5) doing any digging or earth breaking.
Public place means an outdoor area to which the public has access and includes, but is
not limited to, streets, roadways, highways, parks, parking lots, alleyways, pedestrian ways, and
the common areas of schools, hospitals, apartment houses, office buildings, transport facilities,
and shops.
Roadway means the roadbed, shoulder, median, curbs, safety zones, sidewalks, overpass
structures, and utility easements located adjacent to or near the roadway.
(c) Offense. It shall be unlawful for any person to camp or loiter in any public place.
(d) Presumption. A person shall be presumed to be camping when it reasonably appears, in light of
all the circumstances, that the person is using a public place for living or sleeping accommodation
purposes regardless of the intent of the participants or the nature and duration of any other
activities in which they may also be engaging.
(e) Affirmative defense. It shall be an affirmative defense to prosecution that a person is the person
who owns the property or has secured a permit or the written permission of the property owner to
camp in a public place.
(f) Penalty for violation. Any person who violates any provision of this section shall be guilty of a
misdemeanor and, upon conviction, shall be punished as provided by section 1 -14 of this code.
Section 2: That Chapter 74 "Peddlers and Solicitors," Article IV "Panhandling" Section 74-
151 "Aggressive panhandling," Subsection (a) "Definitions" of the Code of Ordinances, Baytown, Texas,
is hereby amended to revise the definition of "public place" and to add a definition of "roadway" to read
as follows:
CHAPTER 74. PEDDLERS AND SOLICITORS
ARTICLE IV. PANHANDLING
Sec. 74 -151. Aggressive panhandling.
(a) Definitions. The following words, terms, and phrases when used in this section shall have the
meanings ascribed to them in this subsection, unless the context of their usage clearly indicates
another meaning:
Public place means any public indoor or outdoor facility, street, sidewalk, roadway, or
other place that is open to the public.
Roadway means the roadbed, shoulder, median, curbs, safety zones, sidewalks, overpass
structures, and utility easements located adjacent to or near the roadway.
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Section 3: That Chapter 74 "Peddlers and Solicitors," Article IV "Panhandling" Section 74-
151 "Aggressive panhandling," Subsection (c) "Regulated conduct" of the Code of Ordinances, Baytown,
Texas, is hereby amended to read as follows:
CHAPTER 74. PEDDLERS AND SOLICITORS
ARTICLE IV. PANHANDLING
Sec. 74 -151. Aggressive panhandling.
(c) Regulated conduct.
(1) Immediately upon any request from a solicitee to a solicitor, a solicitor, who is in a public
place at the moment the request is made, shall discontinue all efforts to engage in the
solicitation.
(2) No solicitor shall engage in solicitation within a distance of fifty feet (50') from any
ATM, pay telephone, parking meter, parking fee collection box, vending machine, or fuel
dispensing device.
(3) No solicitor shall stand in a roadway to solicit a ride, contribution, employment, or
business from an occupant of a vehicle, except that a person may stand in a roadway to
solicit a charitable contribution if authorized to do so by the local authority having
jurisdiction over the roadway and in accordance with Section 552.0071 of the Texas
Transportation Code.
Section 4: That Chapter 74 "Peddlers and Solicitors," Article IV "Panhandling" Section 74-
151 "Aggressive panhandling," Subsection (d) "Distance measurements" of the Code of Ordinances,
Baytown, Texas, is hereby amended to read as follows:
CHAPTER 74. PEDDLERS AND SOLICITORS
ARTICLE IV. PANHANDLING
Sec. 74 -151. Aggressive panhandling.
(d) Distance measurements. For the purposes of subsection (c)(2) of this section, distance shall be
measured from any extension of the solicitor's body, including without limitation any sign or
other object being used or carried by the solicitor, to any part of the physical structure of the
ATM, pay telephone, parking meter, parking fee collection box, vending machine, or fuel
dispensing device.
Section 5: 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 6: 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 7: 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 8: 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 lea/twicel,,ithm ten (l0)
days after passage of this ordinance. INTRODUCED, READ and PASSED by the affirmative v e Citof the City of
Baytown, this the 23rd day of August, 2012.
APPROVED AS TO FORM:
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