Ordinance No. 3,14610514 -6
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ORDINANCE NO. 3146
AN ORDINANCE AMENDING SECTION 28 -1 OF THE CODE OF
ORDINANCES OF THE CITY OF BAYTOWN TO PROVIDE FOR THE
FENCING OF SWIMMING POOLS; CONTAINING A SAVINGS CLAUSE;
PROVIDING A REPEALING CLAUSE; ESTABLISHING A PENALTY;
AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE
HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN:
Section 1: That Section 28 -1 of the Code of Ordinances,
City of Baytown, Texas, is hereby amended to read as follows:
Section 28 -1. Fencing of Swimming Pools.
(a) A person commits an offense if he intentionally
or knowingly owns, possesses, constructs or maintains
a swimming pool which is not totally enclosed and sur-
rounded by a fence, wall or other solid structure.
(which shall include the sides of an above the ground
pool) not less than forty -four (44) inches high;
(b) It shall not be a defense to prosecution under
this section unless such fence, wall or other solid
structure is secured to and touches the ground with-
out gaps which prevent entry of persons and domestic
animals under such fence, wall or other solid structure;
(c) It shall not be a defense to prosecution under
this section unless every opening, ladder or stairway
in or upon such fence, wall or other solid structure
is equipped with a self- closing and self -- latching device
capable of keeping such openings closed and such ladders
and stairways inaccessable;
(d) It shall be an exception to prosecution under this
section if such swimming pool was constructed and main -
tained in compliance with a building permit issued by
the Building Inspector of the City of Baytown;
(e) The Building Inspector of the City of Baytown, in
requiring the fencing of a swimming pool, may take into
consideration natural barriers or obstructions such as
bays, rivers, seawalls or bulkheads which make such fence,
wall or other solid structure unnecessary in his opinion.
Section 2: All ordinances or parts of ordinances inconsis-
tent with the terms of this ordinance are hereby repealed; pro-
vided, 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 govern-
ing the subject matter covered by this ordinance.
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Section 3: If any provision, section, exception, sub-
section, paragraph, sentence, clause or phrase of this ordi-
nance 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 appli-
cation to other persons or sets of circumstances and to this
end all provisions of this ordinance are declared to be sever-
able.
Section 4: Any person violating the provisions of this
ordinance shall be punished by a fine of not more than Two
Hundred and No /100 ($200.00) Dollars, and each violation shall
constitute a separate offense.
Section 5: This ordinance shall take effect from and
after ten (10) days from 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 passage of this ordinance.
INTRODUCED, READ and PASSED by the affirmative vote of
the City Council of the City of Baytown on this the 14th
day of May , 1981.
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ATTEST:
1LEEN P. HALL, City Clerk
APPROVED:
ANDALL B. STRONG, CitVttorney
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