§ 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)

§ 1-11 RESERVED.

Editor’s note:

   Section 1(A) of Ord. 11592, adopted June 6, 1994, repealed § 1-11 in its entirety. Formerly, § 1-11 pertained to state of emergency and derived from § 1-11 of the 1964 Code and § 1 of Ord. 8023, adopted December 27, 1979.

    For current provisions regarding emergency management, see Ch. 11.5 of this code.

§ 1-11.1 STANDARD OF CARE FOR EMERGENCY ACTION.

   Every officer, agent or employee of the city, including, but not limited to, every unit of government or subdivision thereof, while responding to emergency calls or reacting to emergency situations, regardless of whether any declaration of emergency has been declared or proclaimed by a unit of government or subdivision thereof, is hereby authorized to act or not to act in such a manner to effectively deal with the emergency. An action or inaction is “effective” if it in any way contributes or can reasonably be thought to contribute to preserving any lives or property. This section shall prevail over every other ordinance of the city and, to the extent to which the city has the authority to so authorize, over any other law establishing a standard of care in conflict with this section. Neither the city nor the employee, agent or officer thereof, or other unit of government or subdivision thereof or its employees, agents or officers, shall be liable for the failure to use ordinary care in such emergency.

(Ord. 9528, § 1, passed 12-12-1985)

Cross-reference:

   Emergency management, see Ch. 11.5

Editor’s note:

   Section 1 of Ord. 9528, adopted December 12, 1985, adding § 1-12 to the 1964 Code, has been included herein as § 1-11.1 at the editor’s discretion.

§ 1-12 CERTAIN ORDINANCES NOT AFFECTED BY CODE.

   (a)   Nothing in this code or the ordinance adopting this code shall affect any ordinance:

      (1)   Promising or guaranteeing the payment of money for the city, or authorizing the issuance of any bonds of the city or any evidence of the city’s indebtedness, or any contract or obligations assumed by the city;

      (2)   Granting any right or franchise and establishing any rates therefor;

      (3)   Dedicating, naming, establishing, locating, relocating, opening, paving, widening, vacating, etc., any street or public way in the city;

      (4)   Making any appropriation;

      (5)   Levying, imposing or otherwise concerning taxes not in conflict or inconsistent with the provisions of this code;

      (6)   Establishing or prescribing street or road grades in the city;

      (7)   Providing for local improvements and assessing taxes therefor;

      (8)   Dedicating or accepting any plat or subdivision in the city;

      (9)   Adopting, extending or contracting the boundaries of the city;

      (10)   Prescribing the number, classification or compensation of any city officers or employees, not inconsistent with this code;

      (11)   Prescribing traffic or parking regulations for specific streets or portions thereof, not inconsistent with this code;

      (12)   Pertaining to zoning;

      (13)   Adopted after November 18, 2014;

      (14)   All ordinances in effect upon the effective date of this code not inconsistent with any of the provisions of this code which are omitted from such revision or codification; and

      (15)   Any other ordinance, or part thereof, which is not of a general and permanent nature.

   (b)   And all such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length in this code. Such ordinances are on file in the city secretary’s office.

(Ord. 21653-02-2015, § 2, passed 2-17-2015)