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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 Section 3: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other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 kg&Y wn Wwvemban1aa94mKiMAPl7rwvwodw 0 2