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<br />. <br /> <br />~, <br /> <br />. <br /> <br />ORDINANCE NO. <br /> <br />945 <br /> <br />-. <br /> <br />AN ORDINANCE REGULATING GRAVEL PITS, SAND PITS, STONE QUARRIES, <br />ROCK QUARRIES AND EARTH EXCAVATION PITS WITHIN THE CITY OF <br />LA PORTE; REQUIRING SPECIAL PERMITS; PROVIDING FOR NOTICE AND <br />HEARING BEFORE THE ISSUANCE OF SPECIAL PERMITS; CONTAINING A <br />SEVERABILITY CLAUSE; PROVIDING ANY PERSON, FIRM, OR CORPORATION <br />VIOLATING THE TERMS OF THIS ORDINANCE SHALL, UPON CONVICTION, <br />BE DEEMED GUILTY OF A MISDEMEANOR, AND SHALL BE FINED IN ANY <br />SUM NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00), AND THAT EACH <br />DAY OF VIOLATION SHALL CONSTITUTE A SEPARATE OFFENSE; AND <br />PROVIDING FOR AN EFFECTIVE DATE HEREOF. <br /> <br />BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE: <br /> <br />Section 1. It shall be unlawful for any person, firm or <br /> <br />corporation to make any excavation for gravel, sand, stone, <br /> <br />rock, or earth, within the corporate limits of the City of <br /> <br />La Porte, except in the normal course of construction at the <br /> <br />.. <br /> <br />location of such removal, without having obtained a permit as <br /> <br />is herein required, and without complying with the provisions <br /> <br />of this Ordinance or in violation of or variance from the <br /> <br />terms of any such permit. <br /> <br />Section 2. Applications for such special permit shall be <br /> <br />made to the City C1e~k, and shall describe the location of the <br /> <br />intended excavation, the size thereof, the purpose therefor, <br /> <br />and the person, firm or corporation doing' the actual excavating <br /> <br />work, and the name of the person, firm or corporation for whom <br /> <br />or which the work is being done, and shall contain an agreement <br /> <br />-. <br /> <br />that the applicant will comply with all ordinances and laws <br /> <br />relating to the work to be done. <br /> <br />Section 3. The City Commission of the City of La Porte <br /> <br />may, after public hearing, notice of which shall be given by <br /> <br />publication in the official newspaper of the City of La Porte <br />for three consecutive weeks, issue a special permit containing <br /> <br />such requirements and safeguards as are necessary to protect <br /> <br />adjacent property and the public safety, health, and welfare. <br /> <br />Section 4. At the time the special permit is issued, <br /> <br />the City Commission shall impose reasonable conditions for <br /> <br />. <br /> <br />the protection of the public health, safety and welfare, and <br />shall provide for the restoration of such property to a usable <br />