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)
(A) All persons desiring to have the City Council exercise its powers under Tex. Trans. Code, §§ 311.001–311.008, regarding the abandoning, altering, closing, and vacating streets, alleys, easements and other public rights-of-way, or portions thereof, shall file their application with the Director of Public Works, in writing, directed to the City Council. The application shall contain a description of the street, alley, easement or portion thereof, as the case may be, and attached to the application shall be a list of all owners abutting the street, alley, easement or portion thereof, as the case may be, together with the last known address of all the owners. In the event that all abutting property owners do not join in the petition, a statement shall be attached to the request showing the reason for non-participation of those who have not signed. In the event the requested abandonment or alteration pertains to or involves an easement, the applicant must acquire written approval with no objections documented from each utility providing service in the city. In any case where alteration or abandonment of easement(s) is requested, if approved, all costs associated with the relocation or alteration of any utilities shall be borne by the person making the request (applicant).
(B) Upon the filing of the application with the Director of Public Works, as provided in division (A) above, an administration fee shall be deposited with the City Secretary in the amount of $200 or more, in an amount sufficient to cover the expense of administering the procedure outlined in this section, plus costs of publication and preparation of appropriate documents, and the cost of mailing notices and release forms to all abutting property owners. The fee is nonrefundable.
(C) Upon the filing of the application and fee as provided in divisions (A) and (B) above, the City Secretary shall mail notices of the request and release forms by certified mail, return receipt requested, to all abutting property owners.
(D) In the event the application requests that on a portion of a through street, alley, easement or public way open to public access from either direction is to be abandoned, altered, closed, or vacated, then it shall be necessary for the applicant to provide the City Secretary with the names and last known mailing addresses of all abutting property owners, both for the portion to be closed and for that portion to remain open in either direction up to the next intersection with another street, alley, or public way. Notices and release forms will be mailed to all the abutting property owners for the closed and open portions of the street, alley, or public way as provided in division (C) above.
(E) The proposed action by the City Council shall be placed on the agenda for the next public meeting of the City Council after the completed application has been processed, provided that there are at least ten days between the date the completed application was received and processed until the date of the next City Council meeting. The City Council shall not act on the application until the City Secretary has received an executed release form from each of the abutting property owners listed in the petition and the completed application.
(F) The City Council may, in its discretion, require a public hearing before the application is considered. In such event, notice of the hearing shall be published one time in a newspaper of general circulation in the city at least 15 days before the hearing, and posted for 15 days before the hearing at the City Hall.
(G) The application, if not acted upon at the first public meeting at which it appears on the agenda, may be continued on the agenda to subsequent public meetings if it is in the best interest of the parties and the public as the City Council may, in its sole discretion, determine.
(H) The City Council may elect to retain its fee simple ownership of any closed or abandoned street, alley, easement, or public right-of-way.
(I) In the event that it is determined that the city owns in fee simple the closed or abandoned street, alley, easement, or public right-of-way, the City Council may sell the property to all abutting property owners in an equitable manner as provided by Tex. Loc. Gov’t Code, § 272.001(c), by either determining the appraised fair market value of the property, or by selling the property at a public auction with two separate dates of publication as provided by Tex. Loc. Gov’t Code, § 272.001(a). The notice must include a description of the property to be sold and its location.
(J) Nothing in this section should be construed as preventing the City Council from abandoning, closing, altering, or vacating a street, alley, easement, or other public right-of-way on its own initiative without the need for submission of an application by abutting property owners.
(Ord. 94-816-A, passed 8-16-1994; Ord. 13-0820, passed 8-20-2013)
(A) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
SMOKING. The lighting, holding or carrying of, emitting, or exhaling the smoke of a pipe, cigar, or cigarette of any kind.
(B) Prohibition. Smoking is unlawful within any enclosed area within the County Residential Treatment Center located at 115 Business Park Drive within the city.
(C) Enforcement.
(1) The person having the authority to manage and control the County Residential Treatment Center, or a designated agent of the manager, shall inform persons smoking in restricted areas that they are in violation of the law.
(2) The City Police Department, or person having authority to manage and control the County Residential Treatment Center itself, shall enforce the provisions of this section by either of the following actions:
(a) Issuing a citation and/or requiring the smoker to extinguish smoking material; or
(b) Calling upon the City Attorney to maintain action for assessment and recovery of the civil penalty.
(Ord. 91-115, passed 1-15-1991) Penalty, see § 30.99
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