Ordinance No. 1,032'000
ORDINANCE NO. 1032
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS,
BY THE AMENDMENT OF CHAPTER 16, "JUNK AND JUNKYARDS", BY AMENDING SECTIONS
16-1 AND 16-18 THERETO, SO AS TO INCLUDE ABANDONED AUTOMOBILE HULLS AN'D
BODIES AND/OR PARTS WITHIN THE DEFINITION OF "JUNK" AND SO AS TO REQUIRE A
TIGHT BOARD FENCE AT LEAST EIGHT (8') FEET HIGH ON ALL SIDES OF ALL SUCH
PROPERTY AND PREMISES EXPOSED TO HUMAN VIEW; REPEALING ALL ORDINANCES IN-
CONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY
NOT EXCEEDING TWO HUNDRED ($200.00) DOLLARS; AND PROVIDING FOR THE PUBLICA-
TION AND EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the Code of Ordinances of the City of Baytown
is hereby amended by amending Chapter 16, Junk and Junkyards, by the
amendment of Section 16-1, "Definitions", which shall read as follows,
to -wit:
Section 16-1. Definitions.
Unless it appears from the context that a different meaning
is intended, the words used in this chapter shall have the meaning
ascribed to them as follows:
Junk. Scrap iron, tin, brass, copper, lead, zinc and all
metallic substances, except precious metals, handled, purchased,
received or offered for sale by dealers in junk, and shall mean
and include secondhand plumbing and electric fixtures, wires,
globes, brass pipe, lead pipe and pipe of other metals, melted
metals of any kind, such parts of machinery or machines that may
be identified as such, any fixture pertaining to a residence,
business house or other house of any kind:, abandoned automobile
hulls and bodies and/or any parts or automobile accessories, in-
cluding horns, prestolite tanks, tires and all detached and de-
tachable parts of any automobile, bicycle, motorcycle or motor
vehicle of any kind or of any vehicle of any kind, hydrants,
faucets, lawn hose, lawn sprinklers, gas fixtures, fittings and
appliances, garden tools, mechanical tools of every description,
harness, rags, rubber, rope, bottles and utensils of every des-
cripti,on. The enumeration of the above articles shall not be
held to exclude other articles that may be reasonably included
under the general definition of junk, when given its usual trade
meaning.
Junk Dealer. Any person engaged in collecting, handling
or selling any of the articles defined as junk, and all persons
engaged in the buying and selling of such goods,, wares and mer-
chandise.
Secti.on 2: That Section 16-18 of said Chapter 16 is hereby
amended so as to read as follows, to-wit:
Section 16-18. Neat appearance of junkyard required; fence
required; present uses.
Any person granted a license as provided for in this article
shall keep the premises used in the operation and maintenance of
that business in a neat and orderly condition. Any and all sides
of such property and premises 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 at least eight (8) feet high. No junk
of any character, or parts, or machinery of any kind or appliance,
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 shall be allowed three months within
which to construct a fence of the kind and character required
hereby.
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Section 3: Repealing Clause: All ordinances or parts of or-
dinances 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 matter
covered by this ordinance.
Section 4: Savings Clause: If any provision, section, excep-
tion, 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 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 5: Penalty Clause: Any p iolates any pro-
vision or provisions of this ordinance shall be punished by a fine of not
more than TWO HUNDRED ($2,00.00) DOLLARS, and each violation shall constitute
a separate offense.
Section 6: 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, on this the 25th day of June, 1970.
C. GLEN WALKER, Mayor
ATTEST:
'EDNA OLIVER, City Clerk
APPROVED:
WILLIAM R. LAUGHLIN, City AttornVy
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