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Ordinance No. 9,792Published in the Baytown Sun Ordinance No. 9792 Tuesday, April , 27, 2004 and Thursday, April 29, 2004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 38 "FIRE PREVENTION AND PROTECTION," ARTICLE III "FIRE PREVENTION STANDARDS," ® SECTION 38 -61 "CODE ADOPTED," SUBSECTION (A) OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADOPT THE 2003 EDITION OF THE INTERNATIONAL FIRE CODE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND N01100 DOLLARS ($500.00); 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 38 "Fire Prevention and Protection," Article III "Fire Prevention Standards," Section 38 -61 "Code Adopted," Subsection (a) is hereby amended to read as follows: CHAPTER 38. FIRE PREVENTION AND PROTECTION ARTICLE III. FIRE PREVENTION STANDARDS See. 38 -61. Code adopted. (a) Except as may otherwise be provided in this chapter, the International Fire Code, 2003 edition, published by the International Code Council, Inc., is adopted and incorporated as fully as if set forth at length in this section. The fire prevention code adopted in this section shall be controlling within the city limits. One copy of the fire prevention code is on file in the office of the city clerk. Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other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 fails to comply with any provision of this ordinance shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not more than FIVE HUNDRED AND N0 1100 DOLLARS ($500.00). Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. In addition to the penalty prescribed above, the City may pursue other remedies such as abatement of nuisances, injunctive relief, administrative adjudication and revocation of licenses or permits. ® 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 of the City of Baytown, this the 22nd day of April, 2004. ATTEST: O Y ` . SMI%-'H, City Clerk APPROVED AS TO FORM: ACIO RAMIREZ, SR., it Attorney ® FAKaren \files \City Council\ Ordinances \AdoptFireCode2003.doc 2 PETE C. ALFARO, Mayor