§ 1-5 SEVERABILITY OF PARTS OF CODE.

   It is hereby declared to be the intention of the city council that the sections, paragraphs, sentences, clauses and phrases of this code are severable, and if any phrase, clause, sentence, paragraph or section of this code shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this code, since the same would have been enacted by the city council without the incorporation in this code of any such unconstitutional phrase, clause, sentence, paragraph or section.

(1964 Code, § 1-4)

§ 1-6 GENERAL PENALTY FOR VIOLATIONS OF CODE; CONTINUING VIOLATIONS.

   (a)   Whenever 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 whenever in this code or such ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, the violation of any such provision of this code or any such ordinance shall be punished by a fine.

   (b)   A fine or penalty for the violation of a rule, ordinance or police regulation that governs fire safety, zoning or public health and sanitation, including the dumping of refuse, may not exceed $2,000, nor exceed $500 for all other violations.

   (c)   Unless otherwise specifically stated in this code, any violation of this code or of any ordinance that is punishable by a fine that does not exceed $500 does not require a culpable mental state, and a culpable mental state is hereby not required to prove any such offense. Unless otherwise specifically stated in this code, any violation of this code or of any ordinance that is punishable by a fine that exceeds $500 shall require a culpable mental state as specified by Tex. Penal Code § 6.02(c).

   (d)   If the amount of any penalty imposed by this code or in any ordinance conflicts with a penalty amount specified by state law, the penalty amount specified by state law shall govern.

   (e)   Unless otherwise stated in this code or in any ordinance, each day any violation of this code or of any ordinance shall continue shall constitute a separate offense.

(1964 Code, § 1-5) (Ord. 10423, § 1, passed 10-31-1989; Ord. 23569-02-2019, § 1, passed 2-12-2019, eff. 2-23-2019)

Cross-reference:

   Courts, see Ch. 10

   Motor vehicles and traffic, see Ch. 22

   Offenses and miscellaneous provisions, see Ch. 23

   Police, Ch. 27

Statutory reference:

   Penalty for ordinance violations, see V.T.C.A., Government Code § 29.003

§ 1-7 ORDINANCES—AMENDMENTS OR ADDITIONS TO CODE.

   All ordinances of a general and permanent nature, and amendments to such ordinances, hereinafter enacted or presented to the city council for enactment, shall be drafted, so far as possible, as specific amendments of, or additions to, this code. Amendments to this code shall be made by reference to the chapter and section of the code which is to be amended, and additions shall bear an appropriate designation of chapter and section.

(1964 Code, § 1-7)

Charter reference:

   Charter provision as to ordinances, resolutions, etc., generally, see Ch. XXV, §§ 1 to 7

   Charter provision providing that the ayes and noes shall be taken upon the passage of all ordinances or resolutions and entered upon the minutes of the proceedings of the council and requiring a majority vote for final passage, see Ch. III, § 5

§ 1-8 SAME—RECORDING; ORDINANCE BOOKS AS EVIDENCE.

   All ordinances adopted or passed by the city council shall be inscribed at large by the city secretary, not only in the minutes of the council, but also in a special book to be kept for that purpose by the city secretary, and wherein at the foot of each ordinance so inscribed the city secretary shall make a note stating the time of the adoption of such ordinance. Such book of ordinances and all copies and extracts therefrom shall be evidence of the tenor and contents of the ordinances therein inscribed, as well of such as have been heretofore or as may be hereafter therein so inscribed.

(1964 Code, § 1-8)

Statutory reference:

   Provisions of state law in regard to admission of printed codes in evidence, see Tex. Local Government Code § 53.006

§ 1-9 PROSECUTION NOT REQUIRED TO NEGATIVE EXCEPTIONS.

   In any prosecution for any violation of this code, it shall not be necessary for the prosecution to negative any provisions of exception, but the same may be raised by the defendant by way of defense.

(1964 Code, § 1-9)

§ 1-10 CITY EXEMPT FROM POSTING BOND.

   It shall not be necessary in any action, suit or proceeding in which the city shall be a party, for any bond, undertaking or security to be executed in behalf of the city; but all such actions, suits and proceedings shall be conducted in the same manner as if such bond, undertaking or security had been given.

(1964 Code, § 1-10) (Ord. 7198, § 1, passed 7-21-1975)