(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)