Ordinance No. 2,0476853
ORDINANCE NO.2047
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OFTHE
CITY OF BAYTOWN,TEXAS,BYTHE AMENDMENT OF CHAPTER 15,
"HEALTH AND SANITATION,"BY THE ADDITION OF A NEW
ARTICLE V.,PUBLIC HEALTH HAZARDS;PROVIDING FOR A
MAXIMUM PENALTY OF TWO HUNDRED ($200.00)DOLLARS;
PROVIDING A REPEALING CLAUSE;CONTAINING A SAVINGS
CLAUSE;AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BYTHE CITY COUNCIL OF THE CITY OF
BAYTOWN,TEXAS:
Section 1:That Chapter 15,"Health and Sanitation,"
of the Code of Ordinances of the City of Baytown,Texas,is
hereby amended by the addition of a new Article V.,Public
Health Hazards,which shall read as follows,to-wit:
Chapter 15
HEALTH AND SANITATION
ARTICLE V.PUBLIC HEALTH HAZARDS
Sec.15-60.Offence to permit.
An owner or occupant of a premises commits an offense if
he intentionally or knowingly allows or permits an object,
place or condition to remain or exist which constitutes a
possible and probablemedium of transmission of disease to
or between human beings.
Sec.15-61.Presumption of offense.
In any prosecution authorized by this article it shall be
presumed that the object,place or condition constitutes a
possible and probable medium or transmission of disease to
or between human beings if:
(1)it is a breeding place for or infested with flies,
mosquitos or other vermin;
(2)foul,decaying or putrescent substance or matter is
present in an obviouslyoffensive or objectionable
matter;
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r"(3)manure is present in an obviously offensive or objec
tionable manner;
(4)wastewater is present in an obviously offensive or
objectionable manner;
(5)weed growth to the degree that it tends to become a
decayingmass or a breeding place for flies,mos-
quitos or other vermin.
Sec.15-62.Presumption of knowledge.
In any prosecution authorized by this article it shall be
presumed that the actor intentionally or knowingly committed
the offense if actual notice is shown or ten (10)dayshave
elapsed after notice was mailed by regular U.S.Mail to the
owner or occupant of the premises.
Sec.15-63.Penalty for violation.
An offense under this article is a Class C Misdemeanor and
r1 anyperson who shall violate any provision of this ordinance
shall upon conviction be punished by a fine not to exceed
Two Hundred ($200.00)Dollars.Each day of the continuance
of such violation shall be considered a separate offense and
each and every day shall constitute a separate violation.
Section 2: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 3:Savings Clause:If any provision,section,
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 uncon
stitutional,void or invalid,such invalidity shall not
affect the validity of the remaining provisions of this
ordinance of their application to other persons or sets of
circumstances and to this end all provisions of thisordi
nance are declared to beseverable.
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Section 4:Effective Date:This ordinance shall take
effect from and after ten (10)daysafter its passage by the
City Council.TheCity 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 this22nd day
of July 1976.
TOM GENTRY,Mayor
ATTEST:
EILEEN P.HALL,City Clerk
APPROVED:
NEEL RICHARDSON,City Attorney
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