ADOPTING ORDINANCE

ORDINANCE NO. 023-2020

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BIG SPRING, TEXAS, ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF BIG SPRING, TEXAS; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE;

WHEREAS, the present general and permanent ordinances of the City of Big Spring, Texas, are inadequately arranged and classified and are insufficient in form and substance for the complete preservation of the public peace, health, safety, and general welfare of the municipality and for the proper conduct of its affairs; and

WHEREAS, the Acts of the Legislature of the State of Texas empower and authorize the city under Local Government Code §53.001 to revise, amend, restate, codify and compile any existing ordinances not heretofore adopted or published and to incorporate such ordinances into one ordinance in book form; and

WHEREAS, the City Council of the city has authorized a general compilation, revision, and codification of the ordinances of the city of a general and permanent nature and publication of such ordinances in book form; and

WHEREAS, it is necessary to provide for the usual daily operation of the municipality and for the immediate preservation of the public peace, health, safety, and general welfare of the municipality that this ordinance take effect at an early date;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BIG SPRING, TEXAS, THAT:

SECTION 1. The Code entitled "Big Spring City Code," published by Municipal Code Corporation, consisting of chapters 1 through 50, each inclusive, is adopted.

SECTION 2. All ordinances of a general and permanent nature enacted on or before December 10, 2019, and not included in the Code or recognized and continued in force by reference therein, are repealed.

SECTION 3. The repeal provided for in section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance.

SECTION 4. Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof shall be punished by a fine not exceeding $500.00, except that if the violation of this Code:

(i) Governs fire safety, zoning, or public health and sanitation, other than the dumping of refuse, a person convicted of a violation of this Code shall be punished by a fine not exceeding $2,000.00, unless provided otherwise; or (ii) Governs the dumping of refuse, a person convicted of a violation of this Code shall be punished by a fine not exceeding $4,000.00, unless provided otherwise. Except as otherwise provided: (i) With respect to violations that are continuous with respect to time, each day that the violation continues is a separate offense; and (ii) As to other violations, each act is a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code section, whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits.

SECTION 5. Additions or amendments to the Code when passed in such form as to indicate an intention to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments.

SECTION 6. Ordinances adopted after December 10, 2019, that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code.

SECTION 7. The City Secretary is hereby ordered and directed to cause the descriptive caption, as well as the penalties for violation of this ordinance to be published as required by law.

SECTION 8. This Ordinance shall take effect immediately from and after its publication and passage upon two readings in accordance with the provisions of the Charter of the City of Big Spring, and it is accordingly so ordained.

PASSED AND APPROVED on first reading at a regular meeting of the City Council on the 28 th day of July, 2020, with all members present voting "aye" for the passage of same.

PASSED AND APPROVED on second and final reading at a regular meeting of the City Council on the 11 th day of August, 2020, with all members present voting "aye" for the passage of same. ___________________________________
Shannon D. Thomason, Mayor

ATTEST: ___________________________________
Tami L. Davis, Assistant City Secretary