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HomeMy WebLinkAboutORD 07-048 ORDINANCE NO. 07-048 ENTITLED AN ORDINANCE AMENDING CHAPTER 18, ARTICLE I, SECTIONS 18-2 AND 18-4 AND REPEALING CHAPTER 18, ARTICLE I, SECTIONS 18-12, 18-13 AND 18-13.1, ARTICLE II, SECTIONS 18-14, 18-15, 18-16, 18-17 AND 18-18, AND ARTICLE IV, SECTIONS 18-22, 18-23 AND 18-24 OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. WHEREAS, the City of Beaumont endeavors to maintain a clear, comprehensible, and cohesive Code of Ordinances; and, WHEREAS, the City is therefore revising its Code to comport with current law and court interpretation; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That Chapter 18, Article I, Section 18-2, be and the same is hereby amended to read as follows: Sec. 18-2. Same--Exceptions from prohibition. Section 18-1 shall not apply to the sale of any such article or articles by wholesalers to each other, or to the sale of any such article or articles at wholesale to merchants conducting business entirely utside the_city, or to the Deleted:Wmout sale by wholesalers for private or public demonstrations as hereinafter provided, or to the storage of any such article or articles by such wholesalers for any of such purposes, or to the sale, storage or use of colored flares or railroad track torpedoes or other transportation signaling devices, or to the sale, storage or use of flashlight composition by photographers or dealers in photographic supplies, or to the sale, storage or use of blank cartridges for theatrical purposes or for signal purposes in athletic contests or sports events, for the use of any police organization or federal or state militia. Section 2. That Chapter 18, Article I, Section 18-4, be and the same is hereby amended to read as follows: Sec. 18-4. Same--Presence of fire chief at demonstration. The fire chief or his designee shall have the right to be present at the discharge of any public or private display of fireworks for which a permit has been issued hereunder and shall have the right to cause the same to be stopped unless it is conducted in strict accordance with the statements made in the application for the permit. Section 3. That Chapter 18, Article I, Sections 18-12, 18-13, and 18-13.1, be and the same are hereby repealed. Section 4. That Chapter 18, Article II, Sections 18-14, 18-15, 18-16, 18-17 and 18- 18, be and the same are hereby repealed. Section 5. That Chapter 18, Article IV, Sections 18-22, 18-23, and 18-24, be and the same are hereby repealed. Section 6. That if any section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 7. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 8. That any person who violates any provision of this ordinance shall, upon conviction be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the Ci f Beaumont on this the 10th day of April, 2007. Mayor Guy N. Goodson - s UMONj o�°�a®"-Qi �� s