Ordinance No. 596ORDINANCE NO. 596
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
REGULATING THE OPERATION OF PLACES USED OR MAINTAINED AS
JUNK YARDS OR DUMPING GROUNDS, OR FOR THE WRECKING OR
DISASSEMBLING OF AUTOMOBILES,, TRUCKS, TRACTORS, SCRAP ME-
TAL AND PIPE, WASHING MACHINES, REFRIGERATORS, ICE BOXES,
BATHTUBS, OR MACHINERY OR APPLIANCES OF ANY KIND, OR OF
ANY OF THE PARTS, THEREOF, OR FOR THE ACCUMULATION OF RUB-
BISH OF ANY DESCRIPTION, PROVIDING FOR A LICENSE AND A
LICENSE FEE; PROVIDING THAT THE PROPERTY AND PREMISES ON
WHICH BUSINESS IS CONDUCTED SHALL BE ENCLOSED BY A TIGHT
BOARD FENCE OR AN EVERGREEN HEDGE AT LEAST SIX (b') FEET
HIGH; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAIN-
ING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO
HUNDRED ($200.00) DOLLARS; AND PROVIDING FOR THE PUBLICATION
AND EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN:
Section 1: Hereafter any place used or maintained by any person,
partnership, or corporation as a junk yard or dumping ground, or for wreck-
ing or disassembling of automobiles, trucks, tractors, scrap metal and pipe,
washing machines, refrigerators, ice boxes, bathtubs, or machinery or appliances
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 de-
clared to be a public nuisance, being obnoxious and offensive to the inhabitants
of the City of Baytown, because of its interference with the comfortable enjoy-
ment 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 hereafter 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 application 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 application is granted, a license to operate such business shall be issued
by said City Clerk upon the payment of a fee of Five ($5.00) Dollars per annum.
Any license so issued shall expire January 1st next succeeding the date of its
issuance, but may be renewed from year to year in like manner as 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 opera-
tion and maintenance of said business in a neat and orderly condition. Any and
all sides of such property and premises which is exposed to human view by virtue
of being adjacent to a public thoroughfare or being in close proximity to other
private or public property shall be enclosed by a tight board fence or an ever-
green hedge at least Six (6') feet high, and no junk of any character, or parts,
or machinery of any kind or appliances, 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 with-
in which to construct a fence of the kind and character required 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: Repealing Clause: All ordinances or parts of ordinances
inconsistent with the terms of this ordinance are hereby repealed; provided, how-
ever, 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 regu-
lating and governing the subject matter covered by this ordinance.
Section 6: Savings Clause: If any provision, exception, section, sub-
section, paragraph, sentence, clause or phrase of this ordinance or the applica-
tion 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 per-
sons 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 ordi-
nance, whether herein denominated as unlawful or not, shall be deemed misdemeanor;
and any person convicted of any such violation shall be fined in a sum not exceed-
ing Two Hundred ($200.00) Dollars. Each day of the continuance of such violation
shall be considered a separate 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 here-
by directed to give notice hereof by causing the caption of this ordinance to be
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10 published in the official newspaper of the City of Baytown at least twice within
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ten (10) days after the passage of this ordinance.
INTRODUCED, READ and PASSED by the affirmative vote of a majority of
the City Council of the City of Baytown on this the 9th day of June, 1960.
ATTEST:
Enda Oliver, City Clerk
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R, H. Pruett, N9ayor