Ordinance No. 1,026ORDINANCE NO. 1026
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN,
TEXAS, BY THE AMENDMENT OF CHAPTER 17, MISCELLANEOUS PROVISIONS AND
OFFENSES, BY THE ADDITION OF SECTIONS 17 -15 AND 17 -16 THERETO; DE-
CLARING THAT CERTAIN MAN -MADE PITS, HOLES AND OTHER MAN -MADE EXCA-
VATIONS ARE NUISANCES; REQUIRING THAT SUCH PITS, HOLES OR OTHER
MAN -MADE EXCAVATIONS BE FENCED OR PROTECTED; PROVIDING FOR A PENALTY
NOT EXCEEDING TWO HUNDRED ($200.00) DOLLARS; CONTAINING A SAVINGS
CLAUSE, REPEALING ORDINANCES INCONSISTENT HEREWITH; AND PROVIDING
FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
WHEREAS, certain man -made pits, holes and other man -made excavations,
which are unprotected by fencing or other protective barriers, constitute
a safety hazard to minor children of tender years; and
WHEREAS, the existence of such pits, holes and other man -made exca-
vations within the City has contributed to several tragedies, and near
tragedies, concerning such minor children; and
WHEREAS, the maintenance of any such pit, hole or other man -made
excavation without adequate fencing or other protective barriers, in addition
to being a threat to the safety and well -being of such minor children, con-
stitutes a nuisance, as that term is defined in law; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN:
Section 1: That the Code of Ordinances of the City of Baytown,
Texas, is hereby amended by amending Chapter 17, Miscellaneous Provisions
and Offenses, by the addition of new sections which shall read as follows,
to -wi t:
Section 17 -15. Fencing of certain man -made pits, holes or other
man -made excavations.
Any man -made pit, hole or other excavation capable of trapping
and holding water, other than a man -made ditch created for drainage
or irrigation purposes, not properly enclosed, fenced or protected
by natural barriers, and within three hundred (300') feet of a
public street or adjacent private property line, is hereby declared
to be a nuisance. It shall be unlawful for any person, firm or
corporation to permit any such nuisance to remain or exist on any
property under his or its control.
Section 17 -16.
Any man -made pit, hole or other excavation described as a
nuisance in Section 17 -15 above, must be completely surrounded by
a fence, wall or other solid structure not less than forty -four
(44 ") inches high, with maximum openings, either horizontally or
vertically, of six (6 ") inches, provided, however, the City may waive such
r
fence, wall or other solid structure surrounding such exca-
vations on one or more sides if City is satisfied that natural
obstructions or barriers make such unnecessary. Every opening
in such fence or wall shall be equipped with a self-closing
and self-latching device designed to keep and capable of keeping
such doors or gates securely closed at all times when not in
actual' use
Section 2: Penalty Clause: Any person who violates any
provision or provi'sions of this ordinance shall be punished by a fine
tf not more than Two Hundred ( ) Dollars, and each day • violaticH
shall constitute a separate offense.
Section 3: Savings Clause: If any provision, section, ex-
ception, subsection, paragraph, sentence, clause or phrase of this or-
dinance or the application of same to any person or set of circumstances,
shall for any reason be held unconstitutional, void or invalid, such in-
validity 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 4. Repealing Clause: All ordinances or parts of
ordinances inconsistent with the terms of this ordinance are hereby re-
pealed; 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 mat-
ter covered by this ordinance.
Section 5: Effective Date: This ordinance shall take effect
from and after ten (10) days after 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 its
passage.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown, this the 23rd , day of April, 1970.
C. GLEN WALKER, Mayor
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