CODE OF ORDINANCES CITY OF BAYTOWN, TEXAS
____________
THE CHARTER
and
GENERAL ORDINANCES OF THE CITY____________
Published in 1998 by Order of the City Council
____________
Adopted February 26, 1998
Effective March 8, 1998
____________
>OFFICIALS
of the
CITY OF
BAYTOWN, TEXAS
AT THE TIME OF THIS CODIFICATION
____________
Pete C. Alfaro
Mayor
____________
Victor Almendarez
Scott Sheley
Manuel Escontrias
E. Frank Hinds
David Byford
Stephen DonCarlos
City Council
____________
Bobby Rountree
City Manager
____________
Ignacio Ramirez, Sr.
City Attorney
____________
Eileen P. Hall
City Clerk
CURRENT OFFICIALS
of the
CITY OF
BAYTOWN, TEXAS
____________
Brandon Capetillo
Mayor
____________
Laura Alvarado
Chris Presley
Heather Betancourth
Robert C. Hoskins
David Himsel
Charles Johnson
City Council
____________
Richard L. Davis
City Manager
____________
Ignacio Ramirez, Sr.
City Attorney
____________
Leticia Brysch
City Clerk
PREFACE
This Code constitutes a complete recodification of the general and permanent ordinances of the City of Baytown, Texas.
Source materials used in the preparation of the Code were the 1967 Code, as supplemented through August 8, 1996, and ordinances subsequently adopted by the city council. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of the 1967 Code, as supplemented, and any subsequent ordinance included herein.
The chapters of the Code have been conveniently arranged in alphabetical order, and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code.
Chapter and Section Numbering System
The chapter and section numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two parts separated by a dash. The figure before the dash refers to the chapter number, and the figure after the dash refers to the position of the section within the chapter. Thus, the second section of chapter 1 is numbered 1-2, and the first section of chapter 6 is 6-1. Under this system, each section is identified with its chapter, and at the same time new sections can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 6-1 and 6-2 is desired to be added, such new section would be numbered 6-1.5. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject. New chapters may be included by using one of the reserved chapter numbers. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters.
Page Numbering System
The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes:
CHARTER CHT:1 CHARTER COMPARATIVE TABLE CHTCT:1 CODE CD1:1 TABLE OF AMENDMENTS TOA:1 CODE COMPARATIVE TABLES CCT:1 STATE LAW REFERENCE TABLE SLT:1 CHARTER INDEX CHTi:1 CODE INDEX CDi:1 Indexes
The indexes have been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the indexes themselves which stand as guideposts to direct the user to the particular item in which the user is interested.
Looseleaf Supplements
A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up-to-date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.
Keeping this publication up-to-date at all times will depend largely upon the holder of the publication. As revised pages are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.
Acknowledgments
This publication was under the direct supervision of Alyce A. Whitson, Supervising Editor, and Jody Wilson, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.
The publisher is most grateful to Bobby Rountree, City Manager, Ignacio Ramirez, Sr., City Attorney, Eileen P. Hall, Assistant City Manager/City Clerk, Karen L. Horner, Assistant City Attorney, and the other members of the city staff, for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the city readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the city's affairs.
ADOPTING ORDINANCE
ORDINANCE NO. 8215
AN ORDINANCE OF THE CITY OF BAYTOWN ADOPTING AND ENACTING A NEW CODE OF ORDINANCES FOR THE CITY OF BAYTOWN, TEXAS; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING FOR A PENALTY NOT EXCEEDING TWO THOUSAND AND NO/100 DOLLARS ($2,000.00) FOR THE VIOLATION OF ANY FIRE, SAFETY, ZONING OR PUBLIC HEALTH OR SANITATION PROVISION OF THE CODE AND NOT EXCEEDING FIVE HUNDRED AND NO/100 DOLLARS ($500.00) FOR THE VIOLATION OF ANY OTHER PROVISION OF THE CODE UNLESS SPECIFICALLY STATED OTHERWISE, WHICH PENALTIES SHALL APPLY TO ALL AMENDATORY ORDINANCES TO THE CODE TO DATE; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1. The Code entitled "Code of Ordinances, City of Baytown, Texas," published by Municipal Code Corporation consisting of Chapters 1 through 30, each inclusive, is adopted.
Section 2. All ordinances of a general and permanent nature enacted on or before October 23, 1997, and not included in the Code or recognized and continued in force by reference therein, are repealed.
Section 3. The repeal provided for in Section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by subsequent ordinance that is repealed by this ordinance.
Section 4. Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof that governs or regulates fire, safety, zoning or public health or sanitation, including dumping of refuse, shall be punished by a fine not exceeding $2,000.00. The violation of any other provision of this Code or any other ordinance, rules, regulation or order shall be punished by a fine not exceeding $500.00 unless specifically states [stated] otherwise in the Code. Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code section, whether or not such penalty is reenacted in the amendatory ordinance. 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. Ordinances adopted after October 23, 1997, and prior to the adoption of this ordinance, that amend or refer to the ordinances that have been codified in the Code are subject to the same penalty as prescribed in Section 4 hereof.
Section 6. Additions or amendments to the Code, when passed in the form as to indicate the intention of the City to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments.
Section 7. Ordinances adopted after October 23, 1997, that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code.
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 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 26th day of February, 1998.
/s/
Pete C. Alfaro, MayorATTEST:
/s/
Eileen P. Hall, City ClerkAPPROVED AS TO FORM:
/s/
Ignacio Ramirez, Sr.,
City Attorney