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Ordinance No. 7,238950223 -5 ORDINANCE NO. 7238 • AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 17 "MISCELLANEOUS PROVISIONS AND OFFENSES, " ARTICLE I "IN GENERAL," SECTION 17 -17 "NUISANCES GENERALLY," SUBSECTION 17 -17.1 "DEFINITIONS," OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR 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 I "In General," Section 17 -17 "Nuisances Generally," Subsection 17 -17.1 "Definitions" of the Code of Ordinances, City of Baytown, Texas, is hereby amended to read as follows: Sec. 17 -17.1. Definitions. (a) Any Thing or Condition. Any kind of business, mercantile manufacturing plant, establishment, foundry, slaughterhouse or other commercial venture which by its operation, maintenance or existence creates a condition producing or maintaining the effects or results of a nuisance prescribed herein. (b) Nuisance. Any Thing or Condition existing within the city limits or within five thousand feet (5,0001) thereto, exclusive of property located within an industrial district, which is per se or by reason of its use, maintenance location, occupation, operation neglect, or misuse, offensive, injurious, vexatious, annoying or unwholesome to the inhabitants of the city or directly to one (1) or more of them, or detrimental to their health, peace, comfort, and safety, including the elements constituting a nuisance prescribed by common law or the statutes of this state. Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other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. 950223 -5a • 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 the 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. k • Section 4: This ordinance shall take effect immediately from and after the passage of this ordinance. INTRODUCED, READ, and PASSED City Council of the City of Baytown, 1995. ATTEST: EILEEN P. HALL, City Clerk APPROVED AS TO FORM: by the affirmative vote of the this the 23rd day of February, ACIO RAMIREZ, R., City Attorney k1h5 /nuisance " C e?�� PETE C. ALF O, Mayor 0