Ordinance No. 14,666ORDINANCE NO. 14,666
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, TO SUSPEND DOOR-TO-DOOR SOLICITATIONS BY ITINERANT
MERCHANTS UNDER CHAPTER 74 "PEDDLERS AND SOLICITORS,"
ARTICLE II "ITINERANT MERCHANTS AND OPEN AIR VENDORS" OF
THE CODE OF ORDINANCES, BAYTOWN, TEXAS; PROVIDING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING
A MAXIMUM PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS
($500.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE
DATE THEREOF.
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WHEREAS, on the morning of March 13, 2020, Governor Greg Abbott declared that the
COVID-19 pandemic is a statewide public disaster, and subsequently issued various other
executive orders addressing the COVID-19 pandemic and state of public disaster in Texas; and
WHEREAS, on March 13, 2020, Mayor Brandon Capetillo proclaimed and declared a local
state of disaster within the City of Baytown, Texas; and,
WHEREAS, on March 19, 2020, the City Council of the City of Baytown met, deliberated,
supported, and ratified the disaster declaration signed by Mayor Capetillo on March 13, 2020, and
consented to its continuation consistent with the declared statewide public disaster; and
WHEREAS, pursuant to Chapter 74 "Peddlers and Solicitors," Article II "Itinerant
Merchants and Open Air Vendors" of the Code of Ordinances, Baytown, Texas, the City's Health
Department issues permits to Itinerant Merchants who make door-to-door sales; and
WHEREAS, door-to-door sales represent a unique challenge to the requirements of social
distancing and the conduct of non -essential business under the Governor's various executive orders
and the City's disaster declaration, and represent a danger to the health and safety of the community
during this statewide public disaster; and
WHEREAS, it is the intent of this ordinance to suspend permits for Itinerant Merchants
during the term of the COVID-19 pandemic and declared state of public disaster, in order to be in
compliance with the Governor's executive orders; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: The facts and recitations set forth in the preamble of this Ordinance are
hereby found to be true and correct.
Section 2: The City Council of the City of Baytown, Texas, hereby suspends all
Itinerant Merchant permits issued under Chapter 74 "Peddlers and Solicitors," Article II "Itinerant
Merchants and Open Air Vendors" of the Code of Ordinances, Baytown, Texas, during the term
of the COVID-19 pandemic and declared state of public disaster in the State of Texas.
Section 3: 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 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. 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 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, READ and PASSED by the affirmative vote of the City Council of the
City of Baytown, this the 1 lth day of February, 2021.
%ALk L-44
DON CAPETILLOI Mayor
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BRYSCH, Ci erk ' a
APPROVED AS TO FORM: V.-,"" ....
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KA L--T1bRNER, City Attorney
R.' Karen Homer Documents\Files City Council Ordinances\202 I Webruary 11 SUSP OF ITINERANT MERCH (002).docx