Ordinance No. 5,676ruolisnea in: Inn baliuwN buiv
Monday, October 29, 1990 901023 -1
Tuesday, October 30, 1990
ORDINANCE NO. 5676
AN ORDINANCE AMENDING CHAPTER 17, "MISCELLANEOUS
PROVISIONS AND OFFENSES," OF THE CODE OF ORDINANCES TO
AMEND CERTAIN FENCING REQUIREMENTS; PROVIDING A
• REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE;
PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND N01100
($500.00) DOLLARS FOR THE VIOLATION THEREOF; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE
THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Section 17 -15 of the Code of Ordinances,
City of Baytown, Texas, is hereby amended to read as follows:
Sec. 17 -15. Fencing of certain man -made pits, holes
or other man -made excavations.
Any man -made pit, hole or other excavation capable
of trapping and holding water, other than a man -made
ditch created for drainage or irrigation purposes, not
properly enclosed, fenced or protected by natural
barriers, and within three hundred (300) feet of a
public street or adjacent private property line, is
hereby declared to be a nuisance. It shall be
unlawful for any person, firm or corporation to permit
any such nuisance to remain or exist on any property
under his or its control.
Any man -made pit, hole or other excavation
described as a nuisance in this section, must be
completely surrounded by a fence, wall or other solid
structure not less than forty -four (44) inches high,
with maximum openings, either horizontally or
vertically, of four (4) inches, provided, however, the
city may waive such fence, wall or other solid
structure surrounding such excavations on one or more
sides if city is satisfied than natural obstructions
or barriers make such unnecessary. Every opening in
such fence or wall shall be equipped with a self -
closing and self- latching device designed to keep, and
capable of keeping, such doors or gates securely
closed at all times when not in actual use.
Any person who violates any provision or provisions
of this section shall be subject to the penalty
provided in section 1 -5 of this Code of Ordinances.
901.023 -1a
Section 2: 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repealed; provided however, that such repeal shall be only to the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: If any provisions, 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 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 4: Any person who shall violate any provision of
this ordinance shall be deemed guilty of a misdemeanor and upon
conviction shall be punished by a fine of not more than Five
Hundred and No /100 ($500.00) Dollars.
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,
City Council of
October, 1990.
READ and PASSED by the affirmative vote of the
the City of Baytown, this the 23rd day of
EPff,TETT 0. HUTTO, Mayor
ATTEST:
TILE l P. H LL, City Clerk
IMNDALL B. STRO , City Attorney
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