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Ordinance No. 1,025No. 1025 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 18, MOTOR VEHICLES AND TRAFFIC, BY THE ADDITION OF SECTIONS 18 -66, 18 -67, 18 -68 AND 18 -69 THERETO, SO AS TO MAKE IT UNLAWFUL FOR ANY PERSON TO OPERATE ANY VEHICLE SO AS TO LEAVE, DEPOSIT, LITTER, DROP OR OTHERWISE PLACE DIRT, MUD, SAND, GRAVEL, SHELL, CLAY, BRICK, LUMBER, CONCRETE, BUILDING AND CONSTRUCTION MATERIALS OR OTHER DEBRIS OF ANY RIND UPON THE PUBLIC STREETS OR RIGHTS OF WAY; REQUIRING OWNERS AND OPE- RATORS TO OPERATE AND MAINTAIN VEHICLES SO AS TO AVOID SAME; PROVIDING FOR THE REMOVAL OF SAID DEBRIS FROM PUBLIC STREETS AND RIGHTS OF WAY; MAKING IT UN- LAWFUL TO OPERATE A VEHICLE EQUIPPED WITH A LOAD CONTAINER WITH THE LOAD EXTENDING ABOVE THE TOP OF THE CONTAINER; PROVIDING A PENALTY CLAUSE; REPEALING ORDINANCES "INCONSISTENT HEREWITH; CONTAINING A SAV- INGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. BAYTOWN : BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF Section 1: That the Code of Ordinances of the City of Baytown, Texas, is hereby amended by amending Chapter 18, Motor Vehicles and Traffic, by the addition of Sections 18 -66, 18 -67, 18 -68 and 18 -69 thereto, which shall read as follows, to -wit: Section 18 -66. It shall be unlawful for any person to operate any motor vehicle upon the public streets or rights of way within the City limits in such a manner,as to leave, depo- sit, litter, drop or otherwise place dirt, mud, sand, gravel, shell, clay, brick, lumber, con- crete, building and construction materials or other debris of any kind upon the said public streets or rights of way. Section 18 -67. The owner and /or operator of any vehicle engaged in construction work'or otherwise engaged in the hauling of any of the materials listed in Section 18 -66 of this Chap- ter, shall conduct his operations and maintain his vehicles in such a manner that the public streets and rights of way within the City limits shall be kept clean . of any such materials. Section 18 -68. The driver of any motor vehicle which shall, for any reason, leave, deposit, litter, drop or otherwise place any of the materials listed in Section 18 -66 of this Chapter upon the public streets or rights of way within the City limits, shall forthwith remove or have the same removed from said pu- blic streets or rights of way. Section 18 -69. It shall be unlawful for the driver of any vehicle equipped with a dump bed, sideboards, or other load container, to operate such vehicle upon the public streets or rights of way within the City limits with any of the materials listed in Section 18 -66 of this Chapter stacked, piled or otherwise loaded so as to extend above the top of the vehicle's bed, sideboards,. or container. Section 2: Penalty Clause: Any person, firm or corporation violating any provision of this ordinance or failing to observe any provision .hereof shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in any sum not less than One ($1.00) Dollar nor more than Two Hundred ($200.00) Dollars, and each and every day or frac- tion thereof which this ordinance, or any part thereof, shall be violated, shall be deemed a separate offense and punishable as such. Section 3: Repealing Clause: All ordinances or parts of ordinances inconsistent with the terms of this or- dinance 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: Savipgs Clause: If any provision, sec- tion, 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 -2- ./IAN w%, unconstitutional, void or invalid, such invalidity shall not affect the validity of the remainin revisions of this or- dinance • their application to other persons or se:ts of cumstancies and to this end all provisions of this ordinance are declared to be severable,. Section 5: Effective Date: This ordinance shall take effect from and after ten (1 0) day's after its passage by the City Council. The City Clerk is hereby directed t# give notice hereof by causing the caption of this ordinance to be published in the: official newspaper of the City of Irl/ Baytown, at least twice within ten (10) days after its WOMM91M I14TRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 23rd day of April . 1970. GLEN WALKER,— Mayoj, ATTEST.- 1011M, Edfia- Oliver, City Clerk