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153 ....,.. c4 opnTNANCE 1990- 29 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING SECTIONS 10-38 AND 10-39 OF THE SAN MARCOS CODE OF ORDINANCES BY ADOPTING THE 1988 EDITION OF THE STANDARD FIRE PREVENTION CODE, THE 1989 REVISIONS THERETO; PROVIDING FOR SEVERABILITY; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING A PENALTY AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. That Section 10-38 of the San Marcos Code of Ordinances is amended to read as follows: Sec. 10-38. Adopted. The Standard Fire Prevention Code, 1988 edition published by the Southern Building Code Congress International, Inc., along, with the 1989 revisions thereto, is adopted and shall control within the corporate limits of the City of San Marcos and in its extraterritorial jurisdiction to the extent allowed by law. A copy of this Code is filed in the office of the city secretary, and the same is hereby adopted and incorporated as if set out fully in this section. SECTION 2. That all references to the 1985 edition of the Standard Fire Prevention Code in Article III of Chapter 10 of the San Marcos Code of Ordinances are replaced with references to the 1988 edition of the Standard Fire Prevention Code. SECTION 3. That Section 10-39 is amended to read as follows: Sec. 10-39. Violations declared nuisances; extraterritorial application. All violations of this code are declared nuisances and are prohibited within the city limits and outside the city limits for a distance of five thousand (5,000) feet. SECTION 4. That if any word, phrase, sentence, section, or portion of this ordinance or of the standard code adopted by reference in it is found by court of competent jurisdiction to be unconstitutional or unenforceable for any reason, the remaining provisions of this ordinance or of such standard code shall remain in effect. SECTION 5. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6. That any person violating any provision of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be fined in accordance with Section 1-5 of the San Marcos Code of Ordinances. SECTION 7. That this Ordinance shall be in effect ten (10) days from and after its passage, and it shall be published in a newspaper of general circulation in the area as required by the Charter of the City of San Marcos, Texas. PASSED AND APPROVED on first reading March 26, 1990. PASSED AND APPROVED on second reading April 9, 1990. PASSED AND APPROVED AND ADOPTED 1990. I M. o~Jlb~ A1z"test: /~T-l " Vl .iáni s K. Womack City Secretary