Loading...
Ordinance No. 14,960 ORDINANCE NO. 14,960 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS, AMENDING CHAPTER 94 "TRAFFIC AND VEHICLES," ARTICLE VII "MOTORIZED CARTS," SECTION 94-302 "DEFINITIONS" AND SECTION 94-303 "ELECTRIC AND GASOLINE MOTORIZED-CART—REQUIRED EQUIPMENT," SUBSECTION (A)(9) OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO UPDATE THE "MOTORIZED CARTS" ORDINANCE TO CONFORM WITH STATE LAW; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND N01100 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 94 "Traffic and Vehicles," Article VII "Motorized Carts," Section 94-302 "Definitions" of the Code of Ordinances, Baytown,Texas, is hereby amended to add the definition of"master planned community," which definition shall read as follows: CHAPTER 94. TRAFFIC AND VEHICLES ARTICLE VII. MOTORIZED CARTS See.94-302.-Definitions. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this article, except where the context clearly indicates a different meaning. Master planned community means: (a) a residential subdivision as defined by V.T.C.A., Transportation Code §551.403 or has in place a uniform set of restrictive covenants; and (b) for which a county or municipality has approved one or more plats. Section 2: That Chapter 94 "Traffic and Vehicles," Article VII "Motorized Carts," Section 94-303 "Electric and gasoline motorized-cart—Required equipment," Subsection (a)(9) of the Code of Ordinances, Baytown,Texas, is hereby amended to read as follows: CHAPTER 94. TRAFFIC AND VEHICLES ARTICLE VII. MOTORIZED CARTS Sec. 94-303.Electric and gasoline motorized-cart—Required equipment. (a) Every motorized cart operated on a street must be equipped, as mandated by the V.T.C.A., Transportation Code § 551.4041 and as follows: (9) A license plate issued under V.T.C.A.,Transportation Code § 551.402, except if the motorized cart is operated within a master planned community. Section 3: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency; and in all other respects, this ordinance shall be cumulative of other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 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 5: 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 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 15"day of November, 2021. BRANDON CAPETILLO Mayor ATTEST: ANGELA 1ACKSON, City Clerk )% ^y 1 0 'am(G APPROVED AS TO FORM: '. OF C4M0� KAREN L. HORNER, City Attorney R:\Karen Homer\Documents\Files\City Council\Ordinances\2021\November 15\Golf cart ord.amendment(Rev.).docz 2