Ordinance No. 13,315ORDINANCE NO. 13,315
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 1 "GENERAL PROVISIONS," SECTION 1 -14 "GENERAL
PENALTY; CONTINUING VIOLATIONS" AND CHAPTER 42 "HEALTH
AND SANITATION," ARTICLE II "PUBLIC HEALTH HAZARDS,"
DIVISION 2 "PUBLIC HEALTH NUISANCES," SECTION 42 -62
"MAINTENANCE OF PREMISES" OF THE CODE OF ORDINANCES,
BAYTOWN, TEXAS, TO ESTABLISH A FINE FOR ILLEGAL DUMPING
AND AN OFFENSE FOR LITTERING IN THE CITY; PRESCRIBING A
MAXIMUM PENALTY OF TWO THOUSAND AND NO /100 DOLLARS
($2,000.00) FOR LITTERING AND A MAXIMUM PENALTY OF FOUR
THOUSAND AND NO /100 DOLLARS ($4,000.00) FOR DUMPING OF
REFUSE; PROVIDING A REPEALING CLAUSE; CONTAINING A
SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 1 "General Provisions," Section 1 -14 "General penalty;
continuing violations" of the Code of Ordinances, Baytown, Texas, is hereby amended to read as
follows:
CHAPTER 1. GENERAL PROVISIONS
Sec. 1 -14. General penalty; continuing violations.
Whenever in this Code or in any ordinance of the city or in any rule, regulation or order
promulgated by any officer or agency of the city under authority duly vested in such officer or
agency any act is prohibited or is made or declared to be unlawful or an offense or a
misdemeanor, where no specific penalty is provided, the following controls unless specifically
stated otherwise in the Code:
the fine or penalty for the violation of a rule, ordinance, or police regulation may not
exceed $500 except that:
(1) a fine or penalty for the violation of a rule, ordinance, or police
regulation that governs fire safety, zoning, or public health and
sanitation, other than the dumping of refuse, may not exceed $2,000; and
(2) a fine or penalty for the violation of a rule, ordinance, or police
regulation that governs the dumping of refuse may not exceed $4,000.
If the maximum penalty provided by this Code for any offense is greater than the
maximum penalty provided for the same or a similar offense under the laws of the state, the
maximum penalty for such violation provided by the state statute shall be the maximum
penalty under this Code. Except where otherwise provided in this Code, each day an offense
shall continue shall constitute a separate offense.
Section 2: That Chapter 42 "Health and Sanitation," Article II "Public Health
Hazards," Division 2 "Public Health Nuisances," Section 42 -62 "Maintenance of premises" of
the Code of Ordinances, Baytown, Texas, is hereby amended to add a new subsection to be
numbered Subsection (d), which subsection shall read as follows:
CHAPTER 42. HEALTH AND SANITATION
ARTICLE II. PUBLIC HEALTH HAZARDS
DIVISION 2. PUBLIC HEALTH NUISANCES
Sec. 42 -62. Maintenance of premises.
(d) It shall be unlawful for any person to sweep, throw, deposit, or dump any garbage, waste,
bulky waste, construction debris, rubbish, stagnant water, or dead animals into, upon or along
any public or private premises within the city.
Section 3: Any person who fails to comply with Section 2 of this ordinance shall be
guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding FOUR
THOUSAND AND NO /100 DOLLARS ($4,000.00). 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 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 and 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 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 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
City of Baytown, this the 13th day of October, 2016.
S
ATT ST:
ETICIA BRYSCH, City erk
APPROVED AS TO FORM:
e
ACIO RAMIREZ, SR., C' y Attorney
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of the City Council of the
DONCARLOS, Mayor
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