Ordinance No. 1,074ORDINANCE NO. 1074
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY
OF BAYTOWN, TEXAS, BY AMENDING CHAPTER 16, "JUNK AND JUNK-
YARDS, BY THE AMENDMENT OF SECTION 16 -18 THEREOF. PROVIDING
FOR A PENALTY NOT EXEEDING TWO HUNDRED ($200.00) DOLLARS;
REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A
SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EF-
FECTIVE 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, Texas, is hereby amended by amending Chapter 16, "Junk and
Junkyards ", by the amendment of Section 16 -18 thereof, which
shall 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 shall be enclosed by a fence at least six
(6) feet high. Any junk or material of any character may not be
stacked above the height of the fence constructed. Such fence
shall meet the requirements of Chapter 7, Article III, "Buffer
Fencing ", of the Code of Ordinances, except as to the height
of such fence, which shall be as herein specified. No junk
of any character, or parts, or machinery of any kind or appli-
ance, 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 thirty
(30) days from the effective date of this Section within which
to begin the construction of a fence of the kind and character
required hereby, and such fence shall be completed within a
period of thirty (30) days thereafter. All premises shall have
proper drainage, and materials shall be placed or stored so as
to eliminate health hazards.
Section 2: Penalty Clause: Any person who violates any
provision or provisions of this ordinance shall be punished by a fine
of not more than Two Hundred ($200.03) Dollars, and each violation
shall constitute a separate offense.
Section 3: Repealing Clause: All ordinances or parts of
ordinances inconsistent with the terms of this ordinance 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repealed; provided, however, that.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: 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 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 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, on this 25th day of February, 1971.
C. GLEN WALKER, Mayor
ATTEST:
r
DNA OLIVER, City Clerk
APPROVED:
WILLIAM R. LAUGHLIN, City Attorney