Ordinance No. 9,966Published in the Baytown Sun
on Tuesday, December 14, 2004
ORDINANCE NO. 9966 and Thursday, December 16, 2004
® AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 34 "ENVIRONMENT," ARTICLE 11 "NUISANCES,"
SECTION 34 -26 "DEFINITIONS" TO AMEND THE DEFINITION OF "NUISANCE"
AND CHAPTER 42 "HEALTH AND SANITATION," ARTICLE II "PUBLIC
HEALTH HAZARDS," DIVISION 2 "PUBLIC HEALTH NUISANCES," SECTION
42 -62 "MAINTENANCE OF PREMISES," SUBSECTION (B) OF THE CODE OF
ORDINANCES, CITY OF BAYTOWN, TEXAS, TO CONFORM WITH THE
INDUSTRIAL DISTRICT AGREEMENTS WHEREBY THE CITY REGULATES
CERTAIN NUISANCES; PROVIDING A REPEALING CLAUSE; CONTAINING A
SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO
THOUSAND AND NO /100 DOLLARS ($2,000.00) FOR EACH 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 Chapter 34 "Environment," Article 11 "Nuisances," Section 34 -26 "Definitions"
of the Code of Ordinances, City of Baytown, Texas, is hereby amended, in part, by changing the
definition of "Nuisance" to read as follows:
CHAPTER 34. ENVIRONMENT
ARTICLE 11. NUISANCES
Sec. 34-26. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Nuisance means any thing or condition existing within the city or within 5,000 feet thereto, which is per
se or because 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 or more of
them or detrimental to their health, peace, comfort and safety, including the elements constituting a
nuisance prescribed by common law or state statutes.
Section 2: That Chapter 42 "Health and Sanitation," Article It "Public Health Hazards," Division
2 "Public Health Nuisances," Section 42 -62 "Maintenance of Premises," Subsection (b) of the Code of
Ordinances, City of Baytown, Texas, is hereby amended to read as follows:
CHAPTER 24. HEALTH AND SANITATION
ARTICLE 11. PUBLIC HEALTH HAZARDS
Division 2. Public Health Nuisances
Sec. 42 -62. Maintenance of Premises.
® (b) It shall be unlawful for any business or other commercial venture within the city limits or
within 5,000 feet therefrom to permit any condition to exist that would be detrimental to the health and
safety of the citizens of the city, including but not limited to smoke, windborne contaminants or runoff.
® Section 3: 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 TWO
THOUSAND AND N01100 DOLLARS ($2,000.00). 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 4: All ordinances or parts of ordinances inconsistent with the ternis 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 or other ordinances regulating
and governing the subject matter covered by this ordinance.
Section 5: 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 6: 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 9'h day of December 2004.
CALVIN MUNDINGER, Mayor
ATTEST:
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GfARV W. SMITH, City Clerk
APPROVED AS TO FORM:
NACIO RAMIREZ, SR., * Attorney
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