Ord 1997-036 - Laserfiche WebLink

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rD'~ r- ~tl' <r (';) Ej¡ 8 I U - .þJ..S r "U ...0 ~j ,.&J C) a fd I .~~ (I).... ¡~~ CD 0> =' ~b W,:at 0:::'.( \ .. Q3ë3 ORDINANCE 1997 - 36 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING CHAPTER 38 - FIRE PREVENTION AND PROTECTION BY DECLARING THE SALE, POSSESSION, STORAGE, DISCHARGE, OR OFFER FOR SALE OF FIREWORKS A PUBLIC NUISANCE WITHIN THE CITY OR WITHIN 5,000 FEET OF THE CITY LIMITS; INCLUDING PROCEDURAL PROVISIONS; PROVIDING FOR PENALTIES AND DECLARING AN EMERGENCY. RECITALS 1. A city may enforce an ordinance with respect to an activity outside city limits under the authority of Local Government Code section 217.042, if the city has enacted an ordinance declaring the activity to be a nuisance. A "nuisance" is defined as anything that works injury, harm or prejudice to an individual or public, or which causes a well founded apprehension of danger. 2. The City Council finds that the sale, possession, storage, discharge, or offer for sale of fireworks, is dangerous not only to property but also to persons, and declares these activities to be a public nuisance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. Chapter 38, Article 3, Section 38.054 of the San Marcos City Code is amended to read as follows: Sec. 38.054. Violations declared nuisances: extraterritorial application. 1ID The followina are declared public nuisances: ill The sale. possession. storaae. discharae. or offer for sale of fireworks: or m Any violation of this article which poses a serious danaer to the safety of persons or property. L!2l It is unlawful for a person to create or maintain a public nuisance. or to enaaae in any activity that constitutes a public nuisance. within the city limits or within 5.000 feet of the city limits. All violations of this article 'v'v'hich pose a serious danger to the safety of persons or property are declared nuisances and are prohibited 'vvithin the city limits and outside the city limits for a distance of 5,000 feet. SECTION 2. If any word, phrase, clause, sentence, or paragraph of this ordinance is held to be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this ordinance will continue in force if they can be given effect without the invalid portion. SECTION 3. All ordinances and resolutions or parts of ordinances or resolutions in conflict with this ordinance are repealed. SECTION 4. Any person violating any provision of this ordinance commits a misdemeanor and is subject to the penalty provided in Section 1.015 of the San Marcos City Code upon conviction.