There is hereby adopted the Code of Ordinances of the City of
New Fairview, Texas, as compiled, edited and published by Franklin
Legal Publishing, Inc.
(Ordinance adopting Code)
The ordinances embraced in this chapter and the following chapters, articles and sections shall constitute and be designated the "Code of Ordinances, City of New Fairview, Texas," and may be so cited.
(Ordinance adopting Code)
The catchlines of the several articles, divisions and sections
of this code are intended as mere catchwords to indicate the contents
of the article, division or section and shall not be deemed or taken
to be titles of such articles, divisions and sections, nor as any
part of the articles, divisions and sections, nor, unless expressly
so provided, shall they be so deemed when any of such articles, divisions
and sections, including the catchlines, are amended or reenacted.
(Ordinance adopting Code)
In the construction of this code and of all ordinances and resolutions
passed by the city council, the following rules shall be observed,
unless such construction would be inconsistent with the manifest intent
of the city council:
Words shall be construed in their common and usual significance
unless the contrary is clearly indicated.
Each means the City of New Fairview, Texas.
The term "city administrator," "city manager," "city secretary,"
"chief of police" or other city officer or department shall be construed
to mean the city administrator, city manager, city secretary, chief
of police or such other municipal officer or department, respectively,
of the City of New Fairview, Texas.
Whenever a notice is required to be given or an act to be
done a certain length of time before any proceeding shall be had,
the first day is excluded and the last day is included. If the last
day of any period is a Saturday, Sunday, or legal holiday, the period
is extended to include the next day that is not a Saturday, Sunday,
or legal holiday.
Whenever the term "council" or "city council" or "the council"
is used, it shall mean the city council of the City of New Fairview,
Texas.
The term "county" or "this county" shall mean the County
of Wise, Texas.
Whenever a provision of this Code of Ordinances requires
or authorizes an officer or employee of the city to do some act or
perform some duty, it shall be construed to authorize such officer
or employee to designate, delegate and authorize subordinates to perform
the act or duty unless the terms of the provision specifically designate
otherwise.
A word importing the masculine gender only shall extend and
be applied to females and to firms, partnerships, associations and
corporations, as well as to males.
Words purporting to give authority to three (3) or more officers
or other persons shall be construed as giving such authority to a
majority of such officers or other persons, unless it is otherwise
declared.
The word "may" is permissive.
The word "month" shall mean a calendar month.
Each is mandatory.
Any word importing the singular number shall include the
plural, and any word importing the plural number shall include the
singular.
The word "oath" shall be construed to include an affirmation
in all cases in which, by law, an affirmation may be substituted for
an oath, and in such cases the words "swear" and "sworn" shall be
equivalent to the words "affirm" and "affirmed."
Whenever certain hours are named in this code, they shall
mean standard time or daylight saving time, as may be in current use
in the city.
The word "or" may be read "and," and the word "and" may be
read "or," as the sense requires it.
The word "owner," applied to a building or land, shall include
any part owner, joint owner, tenant in common, tenant in partnership,
joint tenant or tenant by the entirety of the whole or of a part of
such building or land.
The word "person" shall extend and be applied to associations,
corporations, firms, partnerships, organizations, business trusts,
estates, trusts, and bodies politic and corporate, as well as to individuals.
The terms "preceding" and "following" mean next before and
next after, respectively.
The word "property" shall mean and include real and personal
property.
The term "real property" shall mean and include lands, tenements
and hereditaments.
The word "sidewalk" shall mean that portion of a street between
the curbline and the adjacent property line intended for the use of
pedestrians.
A signature or subscription shall include a mark when a person
cannot write.
The term "the state" or "this state" shall be construed to
mean the State of Texas.
The word "street" shall have its commonly accepted meaning
and shall include highways, sidewalks, alleys, avenues, recessed parking
areas and other public rights-of-way, including the entire right-of-way.
The word "subdivision" means the division of any tract of
land situated inside the City of Fairview in two or more parts to
lay out a subdivision of the tract, including an addition, or to lay
out subdivision of the building lots and to lay out streets, alleys,
squares or other parts of the tract intended to be dedicated to public
use or for the use of purchasers or owners of lots fronting on or
adjacent to the streets, alleys, squares or other parts. This includes
a division of land regardless of whether it is made by using a metes
and bounds description in a deed of conveyance of [or] in a contract
for deed, by using a contract of sale or other executor contract to
convey or by using any other method.
Words used in the past or present tense include the future,
as well as the past and present.
Such abbreviations refer to the divisions of Vernon's Texas
Statutes Annotated.
The term "written" or "in writing" shall be construed to
include any representation of words, letters, or figures, whether
by printing or otherwise.
The word "year" shall mean a calendar year.
(Ordinance 1998-05-0014, ch. 1,
adopted 3/9/98; Ordinance adopting
Code)
It is hereby declared to be the intention of the city council
that the sections, paragraphs, sentences, clauses and phrases of this
code are severable, and if any phrase, clause, sentence, paragraph
or section of this code shall be declared unconstitutional by the
valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs and sections of this code, since the
same would have been enacted by the city council without the incorporation
in the code of any such unconstitutional phrase, clause, sentence,
paragraph or section.
(Ordinance adopting Code)
The repeal of an ordinance or any portion thereof shall not
repeal the repealing clause of an ordinance or revive any ordinance
which has been previously repealed.
(Ordinance adopting Code)
All ordinances of a general and permanent nature, and amendments to such ordinances, hereafter enacted or presented to the city council for enactment, shall be drafted, so far as possible, as specific amendments of, or additions to, the Code of Ordinances. 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, article and section; provided, however, the failure to do so shall in no way affect the validity or enforceability of such ordinances.
(Ordinance adopting Code)
(a)
By
contract or by city personnel, supplements to this code shall be prepared
and printed whenever authorized or directed by the city council. A
supplement to the code shall include all substantive permanent and
general parts of ordinances passed by the city council during the
period covered by the supplement and all changes made thereby in the
code. The pages of a supplement shall be so numbered that they will
fit properly into the code and will, where necessary, replace pages
that have become obsolete or partially obsolete, and the new pages
shall be so prepared that, when they have been inserted, the code
will be current through the date of the adoption of the latest ordinance
included in the supplement.
(b)
In
preparing a supplement to this code, all portions of the code which
have been repealed shall be excluded from the code by omission thereof
from reprinted pages.
(c)
When
preparing a supplement to this code, the codifier (meaning the person,
agency or organization authorized to prepare the supplement) may make
formal, nonsubstantive changes in ordinances and parts of ordinances
included in the supplement, insofar as it is necessary to do so to
embody them into a unified code. For example, the codifier may:
(1)
Organize the ordinance material into appropriate subdivisions;
(2)
Provide appropriate catchlines, headings and titles for articles,
sections and other subdivisions of the code printed in the supplement
and make changes in such catchlines, headings and titles;
(3)
Assign appropriate numbers to articles, sections and other subdivisions
to be inserted in the code and, where necessary to accommodate new
material, change existing article or section or other subdivision
numbers;
(5)
Make other nonsubstantive changes necessary to preserve the original
meaning of ordinance material inserted into the code, but in no case
shall the codifier make any change in the meaning or effect of ordinance
material included in the supplement or already embodied in the code.
(Ordinance adopting Code)
(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 of not exceeding five hundred dollars ($500.00).
(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,
other than the dumping of refuse, may not exceed two thousand dollars
($2,000.00).
(c)
A
fine or penalty for the violation of a rule, ordinance, or police
regulation that governs the dumping of refuse may not exceed four
thousand dollars ($4,000.00).
(d)
A
person convicted of an offense under title 7, subtitle C, Transportation
Code (the Uniform Act Regulating Traffic on Highways) for which another
penalty is not provided shall be punished by a fine of not less than
$1.00 or more than $200.00 plus such other penalties and costs as
may be provided by such subtitle C.
(e)
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 five hundred dollars ($500.00) does not require a culpable
mental state, and a culpable mental state is hereby not required to
prove any such offense.
(f)
No
penalty shall be greater or less than the penalty provided for the
same or a similar offense under the laws of the state.
(g)
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.
(h)
In
the event that any such violation is designated as a nuisance under
the provisions of this code, such nuisance may be summarily abated
by the city. In addition to the penalty prescribed above, the city
may pursue other remedies such as abatement of nuisances, injunctive
relief and revocation of licenses or permits.
(i)
In
the event authorizing state law is amended, modified, superseded or
otherwise changed to alter the allowable punishment range, then the
city's range of punishment shall likewise be amended, modified, superseded
or otherwise changed.
(Ordinance adopting Code)
(a)
Nothing
in this code or the ordinance adopting this code shall be construed
to repeal or otherwise affect the validity of any of the following
when not inconsistent with this code:
(1)
Any offense or act committed or done or any penalty or forfeiture
or any contract or right established or accruing before the effective
date of this code;
(2)
Any ordinance 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;
(3)
Any contract or obligation assumed by the city;
(4)
Any right or franchise granted by the city;
(5)
Any ordinance relating to municipal street maintenance agreements
with the state;
(6)
Any appropriation ordinance or ordinance providing for the levy of
taxes or for an annual budget;
(7)
Any ordinance relating to local improvements and assessments therefor;
(8)
Any ordinance annexing territory to the city or discontinuing territory
as a part of the city;
(9)
Any ordinance approving plats of subdivisions or additions to the
city, prescribing restrictions or regulations for the same or otherwise
relating to a specific subdivision or addition;
(10)
Any ordinance zoning or rezoning property or granting specific use
permits or amending the zoning map;
(11)
Any ordinance levying fees, charges or rates.
(b)
All
such ordinances are hereby recognized as continuing in full force
and effect to the same extent as if set out at length herein. All
ordinances are on file in the city secretary's office.
(Ordinance 1998-05-0014, sec. 1-2,
adopted 3/9/98)
There exists the office of emergency management director of
the city, which shall be held by the mayor in accordance with state
law.
(1)
An
emergency management coordinator may be appointed by and serve at
the pleasure of the director.
(2)
The
director shall be responsible for a program of comprehensive emergency
management within the city and for carrying out the duties and responsibilities
set forth in this article. He/she may delegate authority for execution
of these duties to the coordinator, but ultimate responsibility for
such execution shall remain with the director.
(3)
The
operational emergency management organization of the city shall consist
of the officers and employees of the city so designated by the director
in the emergency management plan, as well as organized volunteer groups.
The functions and duties of this organization shall be distributed
among such officers and employees in accordance with the terms of
the emergency management plan.
(Ordinance 2000-04-0064, sec. 1,
adopted 3/13/00)
The duties and responsibilities of the emergency management
director shall include the following:
(1)
Conduct
an ongoing survey of actual or potential hazards which threaten life
and property within the city and an ongoing program of identifying
and requiring or recommending the implementation of measures which
would tend to prevent the occurrence or reduce the impact of such
hazards if a disaster did occur.
(2)
Supervision
of the development and approval of an emergency management plan for
the city, and shall recommend for adoption by the city council all
mutual aid arrangements deemed necessary for the implementation of
such plan.
(3)
Authority
to declare a local state of disaster. The declaration may not be continued
or renewed for a period in excess of 7 days except by or with the
consent of the city council. Any order or proclamation declaring,
continuing, or terminating a local state of disaster shall be given
prompt and general publicity and shall be filed promptly with the
city secretary.
(4)
Issuance
of necessary proclamations, regulations or directives which are necessary
for carrying out the purposes of this article. Such proclamations,
regulations, or directives shall be disseminated promptly by means
calculated to bring the contents to the attention of the general public
and, unless circumstances attendant on the disaster prevent or impede,
promptly filed with the city secretary.
(5)
Direction
and control of the operations of the city emergency management organization
as well as the training of emergency management personnel.
(6)
Determination
of all questions of authority and responsibility that may arise within
the emergency management organization of the city.
(7)
Maintenance
of liaison with other municipal, county, district, state, regional
or federal emergency management organizations.
(8)
Marshaling
of all necessary personnel, equipment or supplies from any department
of the city to aid in the carrying out of the provisions of the emergency
management plan.
(9)
Supervision
of the drafting and execution of mutual aid agreements, in cooperation
with the representatives of the state and of other local political
subdivisions of the state, and the drafting and execution, if deemed
desirable, of an agreement with the county in which the city is located,
and with other municipalities within the county, for the county-wide
coordination of emergency management efforts.
(10)
Supervision of and final authorization for the procurement of all
necessary supplies and equipment, including acceptance of private
contributions which may be offered for the purpose of improving emergency
management within the city.
(11)
Authorizing of agreements, after approval by the city attorney, for
use of private property for public shelter and other purposes.
(12)
Survey of the availability of existing personnel, equipment, supplies,
and services which could be used during a disaster, as provided for
herein.
(Ordinance 2000-04-0064, sec. 2,
adopted 3/13/00)
A comprehensive emergency management plan shall be developed
and maintained in a current state. The plan shall set forth the form
of the organization, establish and designate divisions and functions,
assign responsibilities, tasks, duties, and powers, and designate
officers and employees to carry out the provisions of this article.
As provided by state law, the plan shall follow the standards and
criteria established by the state division of emergency management.
Insofar as possible, the form of organization, titles and terminology
shall conform to the recommendations of the state division of emergency
management. When approved, it shall be the duty of all departments
and agencies to perform the functions assigned by the plan and to
maintain their portion of the plan in a current state of readiness
at all times. The emergency management plan shall be considered supplementary
to this article and have the effect of law during the time of a disaster.
(Ordinance 2000-04-0064, sec. 3,
adopted 3/13/00)
The mayor is hereby authorized to join with the county judge
in the formation of an emergency management council for the county
and shall have the authority to cooperate in the preparation of a
joint emergency management plan and in the appointment of a joint
emergency management coordinator, as well as all powers necessary
to participate in a county-wide program of emergency management insofar
as said program may affect the city.
(Ordinance 2000-04-0064, sec. 4,
adopted 3/13/00)
At all times when the orders, rules, and regulations made and
promulgated pursuant to this article shall be in effect, they shall
supersede and override all existing ordinances, orders, rules, and
regulations insofar as the latter may be inconsistent therewith.
(Ordinance 2000-04-0064, sec. 5,
adopted 3/13/00)
This article is an exercise by the city of its governmental
functions for the protection of the public peace, health, and safety
and neither the city, the agents and representatives of the city,
nor any individual, receiver, firm, partner, corporation, association,
or trustee, nor any of the agents thereof, in good faith carrying
out, complying with or attempting to comply with any order, rule,
or regulation promulgated pursuant to the provisions of this article
shall be liable for any damage sustained to persons as the result
of said activity. Any person owning or controlling real estate or
other premises who voluntarily and without compensation grants to
the city a license or privilege or otherwise permits the city to inspect,
designate and use the whole or any part or parts of such real estate
or premises for the purpose of sheltering persons during an actual,
impending or practice enemy attack or natural or man-made disaster
shall, together with his successors in interest, if any, not be civilly
liable for the death of, or injury to, any person on or about such
real estate or premises under such license, privilege or other permission
or for loss of, or damage to, the property of such person.
(Ordinance 2000-04-0064, sec. 6,
adopted 3/13/00)
No person shall have the right to expend any public funds of
the city in carrying out any emergency management activity authorized
by this article without prior approval by the city council, nor shall
any person have any right to bind the city by contract, agreement
or otherwise without prior and specific approval of the city council
unless during a declared disaster. During a declared disaster, the
mayor may expend and/or commit public finds of the city when deemed
prudent and necessary for the protection of health, life, or property.
(Ordinance 2000-04-0064, sec. 7,
adopted 3/13/00; Ordinance adopting
Code)
(a)
It
shall be unlawful for any person willfully to obstruct, hinder, or
delay any member of the emergency management organization in the enforcement
of any rule or regulation issued pursuant to this article, or to do
any act forbidden by any rule or regulation issued pursuant to the
authority ordained in this article.
(b)
It
shall likewise be unlawful for any person to wear, carry or display
any emblem, insignia or any other means of identification as a member
of the emergency management organization of the city unless authority
to do so has been granted to such person by the proper officials.
(c)
Any
unauthorized person who shall operate a siren or other device so as
to simulate a warning signal, or the termination of a warning, shall
be deemed guilty of a violation of this article and shall be subject
to the penalties imposed by this article.
(d)
Convictions
for violations of the provisions of this article shall be punishable
by fine not to exceed one thousand dollars ($1,000.00).
(Ordinance 2000-04-0064, sec. 8,
adopted 3/13/00)
This article shall not be construed so as to conflict with any
state or federal statute or with any military or naval order, rule,
or regulation.
(Ordinance 2000-04-0064, sec. 10,
adopted 3/13/00)
