Ordinance No. 12,076ORDINANCE NO. 12,076
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 1 "GENERALLY," SECTION 74 -33 "GENERAL PROHIBITIONS"
OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD
SUBSECTION (C) TO PROHIBIT AN ITINERANT MERCHANT FROM
SOLICITING AT A RESIDENCE WHERE A PLACARD IS DISPLAYED
INDICATING THAT OCCUPANT DOES NOT WISH TO BE SOLICITED;
CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM
PENALTY OF FIVE HUNDRED AND NO 1100 DOLLARS ($500.00); 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 74 "Peddlers and Solicitors," Article II "Itinerant Merchants
and Open Air Vendors," Division 1 "Generally," Section 74 -33 "General prohibitions" of the
Code of Ordinances, Baytown, Texas, is hereby amended to add a new subsection be numbered
subsection (c), which subsection shall read as follows:
CHAPTER 74. PEDDLERS AND SOLICITORS
ARTICLE II. ITINERANT MERCHANTS AND OPEN AIR VENDORS
DIVISION 1. GENERALLY
Sec. 74 -33. General prohibitions.
(c) An itinerant merchant shall not, without effective consent,
(1) solicit, sell or offer for sale any goods, merchandise or service or
(2) exhibit goods or merchandise for sale or for the purpose of taking orders for sale
at a home or residence at any time when a sign is posted on the property or at the
entrance to the residence, is reasonably likely to come to the attention of the itinerant
merchant, and indicates that entry or solicitation is forbidden.
Section 2: 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ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of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 3: 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 4: 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 N01100 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 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 vote the City Council of the
City of Baytown, this the 27" day of September, 2012. �
APPROVED AS TO FORM:
J X. - -4
dONACIO RAMIREZ, SR., City &homey
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