Ordinance No. 321ORDINANCE NO. 321
® AN ORDINANCE REGULATING THE OPERATION OF PLACES
USED OR MAINTAINED AS JUNK YARDS OR DUMPING GROUNDS,
OR FOR THE WRECKING OR DISSEMBLING OF AUTOMOBILES,
TRUCKS, TRACTORS, SCRAP METAL AND PIPE, OR MACHINERY
OF ANY KIND, OR OF ANY OF THE PARTS THEREOF, OR FOR
THE ACCUMULATION OF RUBBISH OF ANY DESCRIPTION; RE-
PEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING
A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF
TWO HUNDRED ($200) DOLLARS; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: Hereafter any place used or maintained by any person,
partnership, or corporation as a junk yard or dumping ground, or for the
wrecking or dissembling of automobiles, trucks, tractors, scrap metal
and pipe, or machinery of any kind, or for the storing or leaving of
• worn out, wrecked, or abandoned automobiles, trucks, tractors, scrap
metal and pipe, or machinery of any kind, or of any of the parts thereof,
or for the maintenance or operation of such place for the accumulation
of rubbish of any description, is hereby declared to be a public and
common nuisance, being obnoxious and offensive to the inhabitants of
the City of Baytown, because of its interference with the comfortable
enjoyment of life and property by said inhabitants, and is prohibited
within the city limits of said city, unless the same is conducted in the
manner hereafter stated, following the payment of the license fee here-
after prescribed.
• Section 2: Any person, partnership, or corporation desiring to use
or maintain any property within the City of Baytown, Texas, for any of
the purposes mentioned in Section 1 hereof, shall make written appli-
cation to the City Clerk for a license which said application shall set
forth the name and address of the applicant and a legal description of
the property or premises upon which said business is to be conducted,
and the said city clerk shall grant such license if the applicant is
substantially in compliance with the provisions hereof. If the appli-
cation is granted, a license to operate such business shall be issued
by said city clerk upon the payment of a fee of $5.00 per annum. Any
license so issued shall expire on January 1 next succeeding the date of
• its issuance, but may be renewed from year to year in like manner as is
provided for the original license.
Section 3: Any person, partnership, or corporation granted a
license as provided for in Section 2 hereof, shall keep the premises
used in the operation and maintenance of said business in a neat and
• orderly condition. The property and premises on which such business is
conducted shall be enclosed by a tight board fenceat least 10 feet
high, and said fence shall be kept in a neatly painted condition, and
no signs or pictures whatsoever shall be placed or maintained on such
fence except as may be reasonably required to advertise the property
owners' place of business therein, and no junk of any character, or parts,
or machinery of any kind shall be allowed to remain outside such fence;
provided, however, that any existing business of this character now being
operated and maintained in the City of Baytown shall be allowed three
months within which to construct a fence of the kind and character re-
quired hereby.
Section 4: The City Council of the City of Baytown shall have the
power'to revoke the license provided for herein at any time for good
cause, but only after notice has been given to the owner or owners of the
business of a hearing to be held not less than ten days after the service
of such notice.
Section 5: Repeal i i,g Clause. All ordinances or parts of ordinances
inconsistent with the terms of this ordinance are hereby repealed; pro-
vided, 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 6: Savings Clause. If any provision, exception, section,
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 ordi-
nance 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 7: penalty. Any violation of any of the terms of this
ordinance, whether herein denominated as unlawful or not, shall be
0 deemed as misdemeanor; and any person convicted of any such violation
shall be fined in a sum not exceeding Two Hundred ($200) Dollars. Each
day of the continuance of such violation shall be considered a separate
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offense and be punished separately; and any person, agent or employee
engaged in any such violation shall on conviction be so punished therefor.
• Section 8: Effective Date. 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 the passage of this
ordinance.
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INTRODUCED, READ AND PASSED by the affirmative vote of a majority
of the City Council of the City of Baytown on this 22nd day of March,
A. D., 1956.
ATTEST:
EDNA OLIVER) CITY CLERK
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H. PRUETT y MAYOR