Ordinance No. 7,160Published in Ba town Sun: 941110 -6
Wednesday, November 16, 1994
Thursday, November 17, 1994
ORDINANCE N0. 7160
AN ORDINANCE AMENDING CHAPTER 17 "MISCELLANEOUS
PROVISIONS AND OFFENSES," ARTICLE II "FIREWORKS," SECTION
17 -36 "SALE PROHIBITED," OF THE CODE OF ORDINANCES, CITY
OF BAYTOWN, TEXAS; ADDING SECTION 17 -48 "PENALTY FOR
VIOLATION," TO THE CODE OF ORDINANCES, CITY OF BAYTOWN,
TEXAS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; 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 Chapter 17 "Miscellaneous Provisions and
Offenses," Article II "Fireworks," Section 17 -36 "Sale Prohibited,"
of the Code of Ordinances, City of Baytown, Texas, is hereby
amended to read as follows:
ARTICLE II. FIREWORKS
Sec. 17 -36. Sale or Distribution Prohibited.
It shall hereafter be unlawful for any person to sell,
distribute, or offer for sale or distribution any kind or
character of fireworks, firecrackers, torpedoes, sky rockets,
roman candles, or any other similar thing within the corporate
limits of the City or within a distance of one thousand feet
(10001) therefrom.
Section 2: That Chapter 17 "Miscellaneous Provisions and
Offenses," Article II "Fireworks," is amended by adding Section
17 -48 "Penalty for Violation," to the Code of Ordinances, City of
Baytown, Texas, to read as follows:
Sec. 17 -48. Penalty for Violation.
A person who violates a provision of this article is guilty of
a separate offense for each day or part of a day during which
the violation is committed, continued, or permitted. Each
offense, upon conviction, is punishable by a fine not to
exceed One Thousand and No /100 Dollars ($1,000.00).
Section 3: 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with the terms of this ordinance are hereby repealed; provided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.
941110 -6a
• Section 4: 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 5: The provisions of this ordinance shall become
effective beginning January 2, 1995. 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 this the 10th day of November,
1994.
PETE C. ALFARO, Mayor
ATTEST:
EILEEN P, HALL, City Clerk
APPROVED AS TO FORM:
000a
ACIO RAMIREZ, , City Attorney
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