Ordinance No. 12,883ORDINANCE NO. 12,883
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 38 "FIRE PREVENTION AND
PROTECTION," ARTICLE VI "EXPLOSIVES, FIREWORKS AND
PYROTECHNICS," DIVISION 2 "OFFENSES," SECTION 38 -192 "SALE,
STORAGE, POSSESSION OR DISTRIBUTION PROHIBITED" OF THE
CODE OF ORDINANCES, BAYTOWN, TEXAS, TO PROHIBIT THE SALE
OF FIREWORKS WITHIN THE CORPORATE LIMITS OF THE CITY OF
BAYTOWN; PROVIDING A REPEALING CLAUSE; CONTAINING A
SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO
THOUSAND AND NO /100 DOLLARS ($2,000.00); 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 38 "Fire Prevention and Protection," Article VI "Explosives,
Fireworks and Pyrotechnics," Division 2 "Offenses," Section 38 -192 "Sale, Storage, possession
or distribution prohibited" of the Code of Ordinances, Baytown, Texas is hereby amended to
read as follows:
CHAPTER 38. FIRE PREVENTION AND PROTECTION
ARTICLE VI. EXPLOSIVES, FIREWORKS AND PYROTECHNICS
DIVISION 2. OFFENSES
See. 38 -192. Sale, storage, possession or distribution prohibited.
Except as provided in this article, it shall be unlawful for any person to manufacture,
store, sell, distribute, possess or offer for sale or distribution any kind or character of explosives,
pyrotechnics, fireworks, firecrackers, torpedoes, sky rockets, Roman candles, or any other
similar thing within the city limits.
Section 2: 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
TWO THOUSAND AND NO /100 DOLLARS ($2,000.00). 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 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ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of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 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: 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 new per of the City of Baytown at
least twice within ten (10) days after passage of this ordinance,
INTRODUCED, READ and PASSED by the affirp�ative vote of the City Council of the
City of Baytown, this the 25th day of June, 2015. / 1
AT ST:
LETICIA BRYSCH, t--4ty Clerk
APPROVED AS TO FORM:
4010-.A�-"P4 t
ebYN ACIO RAMIREZ, SR., Uty Attorney
ST�PHEN H. DONCARLOS, Mayor
!%i (VI' aoa 000ph �'
6 e Y
4 Y
t7 o
U.
0
AV
R:`,Karen %Files\City Counci1l0rdinances\2015Vune 25' •.NoRegulateSaleofFireworksnETJ .docx