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Ord. 0238-1 09-09-85ORDINANCE NO. 238-1 AN ORDINANCE AMENDING SECTION 10-67 OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS, TO PROVIDE FOR A $25.00 TO $1,000.00 PENALTY FOR VIOLATION OF DIVISION 3 OF ARTICLE III OF CHAPTER 10 OF THE CODE OF ORDINANCES; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. Chapter 10 [Fire Prevention and Protection], Article III [Fire Prevention Code], Section 10-67 [Violation and Penalties] of the Code of Ordinances of the City of Pearland, Texas, shall be and is hereby amended and shall read as follows: "Section 10-67. Violation and penalties. Any person who shall violate any provision of any section or subsection of this division shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than twenty-five dollars ($25.00) nor more than one thousand dollars ($1,000.00). Any parent or guardian of any minor child below the age of eighteen (18) years who permits or allows such minor child to use, sell, discharge, ignite, detonate, fire or other- wise set in action any fireworks in violation of this division shall be fined not less than twenty-five dollars ($25.00) nor more than one thousand dollars ($1,000.00)." Section 2. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 3. All Ordinances and parts of Ordinances in conflict herewith are hereby repealed, but only to the extent of such conflict. Section 4. It is the intent of the City Council of the City of Pearland, Texas that this Ordinance shall be codified in the City's official Code of Ordinances as provided hereinabove. Section 5. The City Secretary shall cause this Ordinance to be published in the official newspaper of the City of •Pearland, Texas, at least once within ten (10) days from and after the passage of such Ordinance. This Ordinance shall then become effective ten (10) days from and after its publication in the official City newspaper. day of PASSED AND APPROVED ON FIRST READING this the 026 , A.D., 1985. Mayor, City of Pearland, Texas ATTEST: �) 7Le.- City Secretary PASSED AND APPROVED ON SECOND AND FINAL B ADING this the f day of �r t- .,ie'1 ) D. , 1985. ATTEST: y� yam. Citcretary APPROVED AS TO FORM: 4/ L /.(1, ity AttiOrney PUBLICATION DATE: SEPTEMBER 13, 1985 EFFECTIVE DATE: SEPTEMBER 23, 1985 �or.Y9 2 �C Mayor, City of Pearland, Texas VOTING RECORD (FIRST READING) AUGUST 26, 1985 VOTING "AYE" - COUNCILMEN GRAY, FRAUENBERGER, BOST, TETENS, AND LENTZ VOTING "NO" - NONE VOTING RECORD (SECOND READING) SEPTEMBER 9, 1985 VOTING "AYE" - COUNCILMEN GRAY, FRAUENBERGER, TETENS, AND LENTZ VOTING "NO" - NONE PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS -2-