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<br />ORDINANCE NO. 1974 - 35
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<br />AN ORDINANCE PROVIDING FOR A FIRE
<br />PREVENTION CODE TO GOVERN RULES AND
<br />REGULATIONS CONCERNING SUCH THINGS AS
<br />FIRE WORKS, FIRE PROTECTION EQUIPMENT,
<br />FLAMMABLE FINISHINGS, FLAMMABLE COM-
<br />BUSTIBLE LIQUIDS, USE OF INSECTICIDES,
<br />HAZARDOUS CHEMICALS, LIQUIFIED PETRO-
<br />LEUM GASES, ETC; PROVIDING FOR THE
<br />ADMINISTRATION OF THIS ORDINANCE;
<br />REPEALING ALL ORDINANCES IN CONFLICT
<br />HEREWITH; PROVIDING A SEVERABILITY
<br />CLAUSE; ESTABLISHING PENALTIES FOR
<br />VIOLATIONS; AND DECLARING AN EMERGENCY.
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<br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
<br />SAN MARCOS, TEXAS:
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<br />Section 1. That there is hereby adopted by the City of
<br />San Marcos, Texas, for the purpose of establishing rules and
<br />regulations governing such things as fire works, fire protection
<br />equipment, flammable finishings, flammable combustible liquids,
<br />use of insecticides, hazardous chemicals, liquified petroleum
<br />gases, etc., that certain fire prevention code of the American
<br />Insurance Association, known as the "Fire Prevention Code,"
<br />1970 Edition, thereof, now and as hereinafter amended, of which
<br />a copy of said code has been and is now filed in the office of
<br />the City Secretary of the City of San Marcos, and the same is
<br />hereby adopted and incorporated as fully as if set out full
<br />length herein, and from the date on which this Ordinance shall
<br />take effect, the provisions thereof shall be controlling in the
<br />aforementioned specifications, materials, and methods within
<br />the corporate limits of the City of San Marcos, Texas, and its
<br />extraterritorial jurisdiction, subject to the laws of the State
<br />of Texas.
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<br />Section 2. That all ordinances or parts of ordinances
<br />inconsistent with the terms of this Ordinance are hereby
<br />repealed; provided, however, that such repeal shall be only
<br />to the extent of such inconsistency and in all other respects
<br />this Ordinance shall be cumulative of other ordinances regu-
<br />lating and governing the subject matters covered by this Ordi-
<br />nance.
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<br />Section 3. That if any section, clause, paragraph,
<br />sentence, or phrase of this Ordinance shall, for any reason,
<br />be held to be invalid or unconstitutional, such invalid section,
<br />clause, paragraph, sentence, or phrase is hereby declared to be
<br />severable and any such invalid or unconstitutional section,
<br />clause, paragraph, sentence, or phrase shall in no way affect
<br />the remainder of this Ordinance, and it is hereby declared
<br />to be the intention of the Council that the remainder of this
<br />Ordinance would have been passed notwithstanding the invalidity
<br />or unconstitutionality of any section, clause, paragraph,
<br />sentence, or phrase therof.
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<br />Section 4. That any person violating any provision of
<br />this Ordinance within the corporate limits of the City of
<br />San Marcos, Texas, or its extraterritorial jurisdiction,
<br />subject to the laws of the State of Texas, shall be guilty
<br />o~ a misdemeanor and, upon conviction, shall be fined an
<br />amount not exceeding Two Hundred Dollars ($200.00). Each
<br />day that such violation continues shall be a separate offense.
<br />Prosecution or conviction under this provision shall never
<br />be a bar to any other remedy or relief for violations of this
<br />Ordinance.
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