Ordinance No. 3,41820708 -1
ORDINANCE NO. 3418
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 28, SWIPdMING POOLS; REPEALING
CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE;
ESTABLISHING A PENAL'T'Y; 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 Chapter 28, "Swimming Pools ", of the
Code or Ordinances of the City of Baytown, Texas, is hereby
amended by the amendment of Section 28 -1 (a) which shall read
as follows:
(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. Such
fence, wall or other solid structure shall have no
opening (exclusive of the opening required for a gate)
of more than four (4) inches in width.
Section 2: All ordinances or parts of ordinances inconsis-
tent with the terms of this ordinance are hereby repealed;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: If any provisions, 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 vali-
dity 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.
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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 on this the 8th day of July ,
1982.
MMETT 0. HUT TO, ayor
ATTEST:
ILEEN P. HALL, City Clerk
APPROVED:
ANDALL B. STR G, City Attorney
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