If in this Code or in any ordinance of the City, an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or if in this Code or those ordinances, the doing of any act is required or the failure to do any act is declared to be unlawful, then the violation of any such provision of this Code or any such ordinance shall be punished by a fine not exceeding five hundred dollars ($500.00); providing, however, that any violation of an ordinance governing fire safety, zoning or public health and sanitation shall be punished by a maximum fine of two thousand dollars ($2,000.00); provided, however, that if the minimum or maximum penalty provided by this Code for any such offense is less or greater than the maximum penalty provided for the same or similar offense under the laws of the State 1 , then the minimum or maximum penalty for violation as provided by State statute shall be the minimum or maximum penalty under this Code. Each day any violation of this Code or of any ordinance continues shall constitute a separate offense. (1994 Code)
Notes
| 1 | 1. V.T.C.A., Local Government Code §54.001 et seq. |
A. Arrests: Whenever any police officer of the City arrests any person for any violation of any City ordinance heretofore or hereinafter adopted by the Board of Commissioners of the City, the police officer shall take the person arrested or have them taken without necessary delay before a judge who has jurisdiction of such offense, except as specifically provided in subsection B of this Section. If a judge is not immediately available upon the arrest of such person, then such person shall be incarcerated in the Municipal jail in the City until a judge is made available for the purposes of arraigning such individual in accordance with law 1 .
B. Citation: A police officer who is charging a person with committing an offense classified as a Class C offense under the Penal Code of the State of Texas, other than an offense under section 42.08 of the Penal Code, or for any offense in violation of any ordinance of the City may, instead of taking a person before the judge, issue a citation to a person that contains written notice of the time and place that the person must appear before a judge, the name and address of the person charged and the offense charged. The citation shall specify in the notice to appear that such person must appear before the Municipal Court or other judge not less than three (3) days nor more than fourteen (14) days from the date of the issuance of the citation.
C. Promise to Appear:
1. The arrested person, in order to secure release as provided for in this subsection, must sign a written promise to appear in court by signing in duplicate the written notice prepared by the arresting officer. The original of such notice shall be retained by the officer and a copy of that delivered to the person arrested. Thereupon, the officer shall forthwith release the arrested person from custody.
2. A written promise to appear in court may be complied with by an appearance by counsel.
D. False Information: It shall be unlawful for any person, when given a written promise to appear, or given a written notice by any police officer to appear before a Municipal court, to give an assumed or fictitious name or a false place of residence or address upon request of such officer.
E. Violation and Penalties: Any person wilfully violating his written promise to appear in court, given as provided for in this Section, shall be guilty of a misdemeanor and subject to a fine of not less than one dollar ($1.00) nor more than five hundred dollars ($500.00) for conviction thereof, regardless of the disposition of the charge for which the person was originally arrested. (Ord., 5-5-92; 1994 Code)
Notes
| 1 | 2. V.T.C.A., Code of Criminal Procedure §26.01 et seq. |
A. The penalty provided in this Chapter shall be applicable to every section of this City Code the same as though it were a part of each and every separate section.
B. In all cases where the same offense is made punishable or is created by different clauses or sections of this City Code, the prosecuting officer may elect under which to proceed, but not more than one recovery shall be had against the same person for the same offense; provided, that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced.
C. Whenever the doing of any act or the omission to do any act constitutes a breach of any section or provision of this City Code and there shall be no fine or penalty specifically declared for such breach, the provisions of this Chapter shall apply. (1994 Code)
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