Section
30.01 Citations to enforce city ordinances
30.02 National Incident Management System adopted
30.03 Concealed handguns on city premises
30.04 Reimbursement of collection services
30.05 Procedure for abandoning, altering, closing, and vacating streets, alleys, easements and other public ways
30.06 Smoking prohibited in the County Residential Treatment Center
30.07 Notice required in claims against the city
30.08 Reward for conviction of anyone found guilty of arson
30.09 Home Rule City declared
30.99 Penalty
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITATION or ADMINISTRATIVE CITATION. A civil citation issued pursuant to this section stating that there has been a violation of one or more provisions of this code and setting the amount of the administrative penalty to be paid by the responsible party.
DAYS. Calendar days.
PUBLIC OFFICIAL. The Building Official, Code Enforcement Officer, Animal Control Officer or designees, or any other individual or body appointed by the city to enforce this code and which is authorized to administer this section.
RESPONSIBLE PARTY. An individual, association, co-partnership, political subdivision, government agency, municipality, industry, public or private corporation, firm, organization, partnership, joint venture, or any other entity whatsoever whose action or actions caused or contributed to violations of this code.
(B) Procedures.
(1) Citations to appear in the Municipal Court may be issued by any public official employed by the city.
(2) A citation must be in writing and must include the offense charged, the date and location of the offense, the name and address of the responsible party, and the date, time, and location where the responsible party must appear. The issuing city employee must sign the citation. The appearance date must be at least ten days after the date on which the citation is issued. The responsible party shall be requested to sign the citation; however, the signature shall be a promise to appear only and is not an admission of guilt. If the responsible party refuses to sign the promise to appear, the issuing employee shall file the citation with the Court, indicating refusal to sign on the original citation, and the Court shall summons that person by certified/regular mail for docket.
(3) A citation charging an abandoned/junked vehicle violation related to an unattended vehicle need not include the name or address of the responsible party but must include the license and/or VIN number of the motor vehicle used in the offense. A copy of the citation may be attached to the vehicle.
(4) The original citation issued pursuant to this section shall be filed with the Clerk of the Municipal Court, the public official shall retain a copy of citation, and the responsible party shall receive the remaining copy.
(5) The prosecuting attorney may seek the issuance of an arrest warrant for any person who fails to appear as directed by a citation/summons issued pursuant to this section. This section shall not be construed to limit the authority of a peace officer to issue citations to appear in the Municipal Court, or to confer any power of arrest upon any person who is not a peace officer.
(C) Appeal of administrative citation. Any person disputing the issuance of an administrative citation may contest the citation by completing a request for hearing form and returning it to the address stated on the form within ten days from the date of issuance of the administrative citation.
(Ord. 06-1017A, passed 10-17-2006)
(A) (1) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY PREMISES. Any building or part of a building owned, leased, or rented by the city. The term does not include adjacent sidewalks, driveways, parking areas, or streets.
PEACE OFFICER. Those officers identified under Tex. Code of Criminal Procedure, Art. 2.12.
(2) Concealed handguns on city premises prohibited. No person other than a peace officer may carry a concealed handgun within city premises. This ban includes those persons licensed to carry concealed handguns pursuant to Tex. Gov’t Code, §§ 411.171 et seq.
(3) Posting of sign giving notice of the imposed ban. Signs in both English and Spanish giving notice of the ban imposed in this section shall be prominently posted in all city premises. The sign must appear in contrasting colors with block letters at least one inch in height bearing the statement “Concealed Handguns are Prohibited on These Premises.”
(4) Violators will be required to leave city premises. Any peace officer or other municipal authority may require a person in violation of the ban established by this section to leave city premises. Failure to immediately leave the premises shall be considered a trespass and shall subject the person to any applicable penalty at law.
(5) Effective date. This section shall become effective on 11-22-2002.
(B) (1) City Municipal Courtroom and court offices in City Hall. The City Council hereby declares that the City Council chambers in the City Hall located at 200 North Bell Street, Willis, Texas, periodically serves as the City Municipal Courtroom; and further finds and declares that a portion of the City Hall also is utilized as the Municipal Court office which is essential to the operation of the government court for the city.
(2) Handguns prohibited in city government meetings. The City Council hereby prohibits the carrying of handguns in a City Council meeting, a city Planning and Zoning Commission meeting, the Willis Economic Development Corporation board meetings, and the Willis Community Development Corporation board meetings in the City Council Chambers when held subject to the Texas Open Meetings Act as found at Ch. 551 of the Tex. Gov’t Code, and orders that proper notice of such prohibition be posted at the entrance to the City Council Chambers at City Hall in accordance with § 30.06 and § 30.07 of the Tex. Penal Code.
(3) Firearms prohibited in City Municipal Court proceedings and offices. The City Council hereby prohibits firearms in Municipal Court offices in City Hall and during Municipal Court proceedings as required by law; and orders that proper notices of such prohibition be posted at the City Hall in accordance with § 30.06 and § 30.07 of the Tex. Penal Code during Municipal Court proceedings.
(4) Handgun open carry prohibited by city employees on city premises. The City Council hereby prohibits city employees with a LTC license from openly carrying a handgun in the City Hall or other city buildings. Nothing in this section shall prohibit a city employee from keeping a firearm in the employee's personal vehicle when parked in a city parking lot.
(5) Exceptions to firearms prohibitions. The prohibitions found in this section are not applicable to a licensed peace officer; a judicial officer as defined in § 411.201 of the Tex. Gov’t Code; and other persons listed in § 46.15 of the Tex. Penal Code.
(Ord. 02-1015A, passed 10-15-2002; Ord. 16-0216, passed 2-16-2016) Penalty, see § 30.99
(A) It is hereby provided that, in the event the city enters into a contract with a private attorney or a public or private vendor for the purpose of providing collection services for debts and accounts receivables such as fines, fees, restitution, and other debts or costs, other than forfeited bonds that have been ordered to be paid by the Municipal Court, the city is authorized to add an additional collection fee as provided in Tex. Code of Criminal Procedure, Art. 103.0031, as amended.
(B) Where the city contracts with an attorney or vendor, the city is hereby authorized to add, as additional collection fee, 30% of each debt or receivable that is more than 60 days past due and has been referred to the attorney or vendor for collection.
(C) A person is not liable for the collection fees authorized under divisions (A) and (B) above if the Municipal Court has determined that the defendant is indigent or has insufficient resources or income, or is otherwise unable to pay all or part of the underlying fine or costs.
(D) If a private attorney or private vendor collects from a person owing costs ordered paid by the Court an amount that is less than the total costs owed by the person, including collection costs permitted under the attorney's or vendor's contract with the city, the amount of costs collected otherwise required to be sent to the comptroller and the amount permitted to be retained by the city are reduced by an equal percentage in order to fully compensate the attorney or vendor, not to exceed the percentage specified as allowable collection costs in the attorney's or vendor's contract with the county or municipality.
(Ord. 01-0918, passed 9-18-2001)
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