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All ordinances passed by the legislative body requiring publication shall take effect from and after the due publication thereof, unless otherwise expressly provided. Ordinances not requiring publication shall take effect from their passage, unless otherwise expressly provided.
(A) Whenever any ordinance or part of an ordinance shall be repealed or modified by a subsequent ordinance, the ordinance or part of an ordinance thus repealed or modified shall continue in force until the due publication of the ordinance repealing or modifying it when publication is required to give effect thereto, unless otherwise expressly provided.
(B) No suit, proceedings, right, fine, forfeiture or penalty instituted, created, given, secured or accrued under any ordinance previous to its repeal shall in any way be affected, released or discharged, but may be prosecuted, enjoyed and recovered as fully as if the ordinance had continued in force, unless it is otherwise expressly provided.
(C) When any ordinance repealing a former ordinance, clause or provision shall be itself repealed, the repeal shall not be construed to revive the former ordinance, clause or provision, unless it is expressly provided.
(A) If the City Council desires to amend any existing chapter or section of this code, the chapter or section shall be specifically repealed and a new chapter or section, containing the desired amendment, substituted in its place.
(B) Any ordinance which is proposed to add to the existing code a new chapter or section shall indicate, with reference to the arrangement of this code, the proper number of the chapter or section. In addition to the indication thereof as may appear in the text of the proposed ordinance, a caption or title shall be shown in concise form above the ordinance.
(A) As histories for the code sections, the specific number and passage date of the original ordinance, and the amending ordinances, if any, are listed following the text of the code section. Example: (Ord. 10, passed 5-13-1960; Ord. 15, passed 1-1-1970; Ord. 20, passed 1-1-1980; Ord. 25, passed 1-1-1985)
(B) (1) If a statutory cite is included in the history, this indicates that the text of the section reads substantially the same as the statute. Example: (Tex. Loc. Gov't Code, § 54.001) (Ord. 10, passed 1-17-1980; Ord. 20, passed 1-1-1985)
(2) If a statutory cite is set forth as a "statutory reference" following the text of the section, this indicates that the reader should refer to that statute for further information. Example:
§ 39.01 PUBLIC RECORDS AVAILABLE.
This municipality shall make available to any person for inspection or copying all public records, unless otherwise exempted by state law.
Statutory reference:
Inspection of public records, see Tex. Loc. Gov't Code, §§ 552.001 et seq.
It shall be an offense for any unauthorized person to change or amend, by addition or deletion, any part or portion of this code, or to insert or delete pages or portions thereof, or to alter or to tamper with this code in any manner whatsoever which will cause a law of the city to be misrepresented thereby.
Penalty, see § 10.99
(A) General penalty for ordinance violations; continuing violations.
(1) A person who violates any ordinance of the city pertaining to fire safety, zoning or public health and sanitation, including dumping of refuse, shall be punished, upon conviction, by a fine not to exceed $2,000.
(2) A person who violates any other ordinance of the city shall be punished, upon conviction thereof, by a fine not to exceed $500.
(3) Notwithstanding divisions (A)(1) or (2) above, no penalty for a violation shall be greater or less than the penalty provided for the same or similar offense under the laws of the state.
(4) Except as otherwise provided in an ordinance, a separate offense shall be deemed committed upon each day on or during which a violation occurs or continues.
(5) Prosecution for violation of a provision of a city ordinance is not a prerequisite or bar to any other remedy or relief for the violation under a city ordinance or state law.
(B) Culpable mental states for ordinance violations.
(1) If the definition of a violation of an ordinance does not prescribe a culpable mental state, a culpable mental state is nevertheless required, unless the definition plainly dispenses with the need for a culpable mental state.
(2) If the definition of a violation of an ordinance does not prescribe a culpable mental state, and does not plainly dispense with the need for a culpable mental state, then intent, knowledge, recklessness or criminal negligence suffices to establish criminal responsibility for the violation.
(3) Culpable mental states are defined in Tex. Penal Code § 6.03, as amended.
(Ord. 2010-394, passed - -2010)