The ordinances embraced in this and following chapters and sections
shall constitute and be designated the "Code of Ordinances, City of
Frisco, Texas," and may be cited as the "Frisco Municipal Code" or
as the "Frisco City Code."
In the construction of this Code and of all ordinances and resolutions
adopted 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.
Any reference to city boards, committees, commissions, officers,
employees or departments shall be construed to mean the boards, committees,
commissions, officers, employees or departments, respectively, of
the City of Frisco, Texas.
The term "Charter" shall mean the Charter of the City of
Frisco, Texas, as printed in this volume.
The term "city" shall mean the City of Frisco in the Counties
of Collin and Denton, in the State of Texas.
Whenever the term "city council" is used, it shall mean the
city council of Frisco, Texas.
The term "Code" means this Code of Ordinances, City of Frisco,
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 day on which such notice is given or such act is done shall not
be counted in computing the time, but the day on which such proceeding
is to be had shall be counted unless it is a Saturday, Sunday, or
a legal holiday.
The term "county" shall mean the Counties of Collin and Denton,
Texas.
Whenever a section or provision appears requiring the head
of a department or some other city officer or employee to do some
act or perform some duty, it shall be construed to authorize the head
of the department or other officer or employee to designate, delegate
and authorize subordinates to perform the required act or perform
the duty, unless the terms of the provision or section specify otherwise.
A word importing the masculine gender only shall extend and
be applied to females and to firms, partnerships, associations, corporations,
and other legal entities, as well as to males.
The term "highway" shall include any street, alley, highway,
avenue, public place or square, bridge, viaduct, tunnel, underpass,
overpass, and causeway within the city, dedicated or devoted to public
use.
Words purporting to give authority to three 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 term "month" shall mean a calendar month.
Any word importing the singular number shall include the
plural, and any word importing the plural number shall include the
singular.
The term "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 terms "swear" and "sworn" shall be
equivalent to the terms "affirm" and "affirmed."
The term "or" may be read "and", and the term "and" may be
read "or", if the sense requires it.
The term "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 term "person" shall extend and be applied to associations,
corporations, firms, partnerships, other legal entities and bodies
politic and corporate, as well as to individuals.
The terms "preceding" and "following" mean next before and
next after, respectively.
The term "residence" means domicile that is one's fixed home
and fixed place of habitation to which one intends to return after
any temporary absence. It is determined by common-law rules, as enunciated
by courts of the state, except as otherwise provided. A person does
not lose his residency status by leaving to go to another place for
temporary purposes only; a person does not acquire residency status
in a place by coming for temporary purposes, within the intention
of making that place the person's home. A person who is an inmate
in a penal institution, or who is involuntarily placed in a hospital
or eleemosynary institution does not, under such circumstances, acquire
residence at the place where the institution is located.
The term "shall" always means mandatory and never means permissive.
The term "sidewalk" shall mean any portion of the street
between the curb, or the lateral line of the roadway and the adjacent
property line, intended the use of pedestrians.
The terms "signature" and "subscription" shall include a
mark when a person cannot write.
The term "state" shall be construed to mean the State of
Texas.
The term "street" shall include any highway, alley, street,
avenue, public place or square, bridge, viaduct, underpass, overpass,
tunnel and causeway in the city, dedicated or devoted to public use.
Words used in the past or present tense include the future,
as well as the past and present.
This term refer to the Texas Administrative Code.
The term "Vernon's Ann. Civ. St." means the latest edition
or supplement or Vernon's Annotated Civil Statutes.
The term "V.T.C.A." refers to the latest edition or supplement
of Vernon's Texas Code Annotated.
The terms "written" and "in writing" shall be construed to
include any representation of words, letters or figures, whether by
printing or otherwise.
The term "year" shall mean a calendar year.
(Ordinance 99-06-13, sec. 2, adopted 6/1/99)
The catchlines of the several sections of this Code printed
in boldface type are intended as mere catchwords to indicate the contents
of the section and shall not be deemed or taken to be titles of such
sections, nor as any part of the section, nor, unless expressly so
provided, shall they be so deemed when any of such sections, including
the catchlines, are amended or reenacted.
All references in this Code to chapters, articles, divisions
or sections are to the chapters, articles, divisions or sections of
this Code, unless otherwise specified.
The history or source notes appearing in parentheses after sections
in this Code are not intended to have any legal effect, but are merely
intended to indicate the source of matter contained in the section.
References and editor's notes following certain sections of
this Code are inserted as an aid and guide to the reader, and are
not controlling or meant to have any legal effect.
The sections appearing in this Code, so far as they are substantially
the same as the ordinances from which they are drawn, and ordinances
existing at the time of the adoption of this Code, shall be considered
as a continuation thereof and not as new enactments.
(a)
Nothing
in this Code or the ordinance adopting this Code shall affect any
offense or act committed or done or any penalty or forfeiture incurred
or any contract or right established or accruing before the effective
date of this Code.
(b)
The adoption
of this Code shall not be interpreted as permitting any use or the
continuance of any use of a structure or premises in violation of
any city ordinance in effect on the date of adoption of this Code.
(a)
All ordinances
passed subsequent to this Code which amend, repeal or in any way affect
this Code may be numbered in accordance with the numbering system
of this Code and printed for inclusion herein, or in the case of repealed
chapters, sections and subsections or any part thereof by subsequent
ordinances, the repealed portions may be excluded from the Code by
omission from reprinted pages affected thereby and the subsequent
ordinances as numbered and printed or omitted, in the case of repeal,
shall be prima facie evidence of the subsequent ordinances until the
time that this Code and subsequent ordinances numbered or omitted
are readopted as a new Code of Ordinances.
(b)
Amendments
to any of the provisions of this Code may be made by amending such
provisions by specific reference to the section number of this Code
in the following language: "That section __________ of the Code of
Ordinances, City of Frisco, Texas is hereby amended to read as follows:."
The new provisions shall then be set out in full as enacted.
(c)
In the
event a new section not heretofore existing the Code is to be added,
the following language may be used: "That the Code of Ordinances,
City of Frisco, Texas, is hereby amended by adding a section, to be
numbered _______/_______/_______, which section reads as follows:."
The new section shall then be set out in full as enacted.
(d)
In lieu
of the foregoing paragraph, when the governing authority desires to
enact an ordinance of a general and permanent nature embracing a subject
not previously existing in the Code, but which the governing authority
desires to incorporate into the Code, a provision in substantially
the following language may be made a part of the ordinance: "It is
the intention of the council, and it is hereby ordained, that the
provisions of this ordinance shall become and be made part of the
Code of Ordinance, City of Frisco, Texas, and the sections of this
ordinance may be renumbered to accomplish that intention."
(e)
All sections,
divisions, articles, chapters or provisions desired to be repealed
must be specifically repealed by section, division, article or chapter
number, as the case may be.
(a)
The repeal
of an ordinance shall not revive any ordinances in force before or
at the time the ordinance repealed took effect.
(b)
The repeal
of an ordinance shall not affect any punishment or penalty incurred
before the repeal took effect, nor any suit, prosecution or proceeding
pending at the time of the repeal, for an offense committed or cause
of action arising under the ordinance repealed.
(a)
By contract
or by municipal personnel, supplements to this Code shall be prepared
and printed whenever authorized or directed by the city. A supplement
to the Code shall include substantive, permanent and general parts
of ordinances adopted 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 which have become obsolete or
partially obsolete, and the new pages shall be so prepared that when
they are inserted, the Code will be current through the date of adoption
of the latest ordinance included in the supplement.
(b)
In preparing
a supplement to this Code, all portions of the Code that have been
repealed shall be excluded from the Code by omission thereof from
reprinted pages.
(c)
When
preparing a supplement to the Code, the codifier (meaning the person,
agency, organization or company 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 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 sections and other subdivisions to be inserted
in the Code and, where necessary to accommodate new material, change
existing sections or other subdivision numbers;
(4)
Change
the words "this ordinance" or words of the same meaning to "this chapter,"
"this article," "this division," etc., as the case may be, or to "sections
__________ to __________" (inserting section numbers to indicate the
sections of the Code which embody the substantive sections of the
ordinance incorporated into the Code); and
(5)
Make
other nonsubstantive changes necessary to preserve the original meaning
of ordinance sections inserted into the Code, but in no case shall
the codifier make any change in the meaning or effect of the ordinance
material included in the supplement or already embodied in the Code.
Whenever in this Code or in any city ordinance or in any rule,
regulation or order promulgated by any city officer or agency under
authority vested in such officer or agency any act is prohibited or
is made or declared to be unlawful or an offense or a misdemeanor,
where no specific penalty is provided, the violation of any provision
of this Code or of any specific ordinance, regulation, rule or order
that governs or regulates fire, safety, zoning, public health or sanitation,
including the dumping of refuse, shall be punished by a fine not exceeding
$2,000.00. The violation of any other provision of this Code or any
other ordinance, rule, regulation or order shall be punished by fine
not exceeding $500.00, unless otherwise specifically stated in this
Code. If the maximum penalty provided by this Code for any offense
is greater than the maximum penalty for such violation provided by
state law, the maximum penalty for such violation shall be that accorded
under state law. Except where provided otherwise in this Code, each
day an offense shall continue shall constitute a separate offense.
(a)
In any
prosecution filed under a provision of this Code or any ordinance
of the city which expressly requires proof that the actor engaged
in conduct intentionally, knowingly, recklessly, or with criminal
negligence, then a person does not commit an offense unless he is
shown to have engaged in such conduct as the definition of the offense
requires.
(b)
Whenever
in this Code or in any ordinance of the city an act or a failure to
act is prohibited, or is made or declared to be unlawful, or an offense,
or a misdemeanor, and such provision does not expressly require proof
of a culpable mental state, proof of a culpable mental state is not
required for conviction of such offense, it being the intent of the
city council to dispense with the requirement of any culpable mental
state in prosecutions filed under such provisions of this Code and
other ordinances of the city; provided, however, that if such offense
is punishable by a fine exceeding the amount authorized by V.T.C.A.,
Penal Code sec. 12.23, a person does not commit such offense unless
he is shown to have recklessly engaged in such conduct as the definition
of the offense requires.
(c)
Proof
of a higher degree of culpability than that charged constitutes proof
of the culpability charged.
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 a court of competent jurisdiction, the
unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs and sections of this Code.
Nothing in this Code, or the ordinance adopting this Code, shall
affect:
(1)
Any offense
or act committed or done or any penalty or forfeiture incurred or
any contract or right established or accruing before the effective
date of this Code;
(2)
Any ordinance
or resolution 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, or any contract or obligations
assumed by the city;
(3)
The administrative
ordinances or resolutions of the city not in conflict with the provisions
of the Code;
(4)
Any ordinance
or resolution fixing salaries of officers or employees of the city,
unless superseded;
(5)
Any appropriation
ordinance, budget adoption, or similar resolution;
(6)
Any right
of franchise granted by the council to any person, firm or corporation;
(7)
Any ordinance
or resolution dedicating, naming, establishing, locating, relocating,
closing, opening, paving, widening, vacating, etc., any street or
public way in the city;
(8)
Any ordinance
or resolution establishing and prescribing the street grades of any
city streets;
(9)
Any ordinance
or resolution providing for local improvements or assessing taxes
therefor;
(10)
Any
ordinance or resolution dedicating or accepting any plat or subdivision
in the city, or providing regulations for the same;
(11)
Any
ordinance annexing property to the city, or expanding or relinquishing
extraterritorial jurisdiction;
(12)
Any
ordinances or amendments thereto concerning zoning, subdivisions,
or land development, including granting of variances, rezoning specific
property parcels, issuing special permits, or establishing planned
development districts;
(13)
Any
otherwise valid and effective ordinance regarding impact fees assessed
by the city and establishing procedures and regulations regarding
impact fees;
(14)
Any
ordinance or resolution regulating the erection, alteration, repair,
demolition, moving or removal of buildings or other structures;
(15)
Ordinances
or resolutions prescribing traffic regulations including but not limited
to those for specific locations, prescribing through streets, parking
limitations, parking prohibitions, one-way traffic, limitations on
loads of vehicles or loading zones, establishing or rescinding school
zones; establishing or altering speed limits; and establishing load
limits; establishing fire lanes, or establishing stop signs;
(16)
Any
ordinance or resolution fixing utility rates and charges, or any other
ordinances or resolution establishing fees;
(17)
Any
ordinance of agreement with another political subdivision;
(18)
Any
ordinance concerning issuance of tax anticipation notes; authorizing
the issuance of bonds, or authorizing issuance and sale of combination
tax and revenue certificates of obligation;
(19)
Any
current ordinance concerning personnel benefits and eligibility including,
but not limited to, participation in the Texas Municipal Retirement
System or the Texas Municipal League intergovernmental employee benefits
pool;
(20)
Any
ordinance abandoning or vacating easements, alleys, etc.;
(21)
Any
ordinance in effect which establishes a requirement or procedure to
obtain a municipal permit or license to conduct any commercial activity,
construct or alter a building or structure, or otherwise obtain municipal
permission or sanction as a precondition;
(22)
Any
ordinance approving or disapproving rates, charges, fees, adjustments,
or clauses concerning TXU gas distribution;
(23)
Any
ordinance adopting or amending engineering, design, or construction
standards for the water system, sanitary sewer system, or paving and
drainage facilities;
(24)
Any
ordinance, resolution or order of the governing body accepting the
designation by a state or federal entity to administer or enforce
state or federal laws, regulations, or orders;
(25)
Any
ordinance establishing or concerning reinvestment zones;
(26)
Any
ordinance establishing or revising fees, charges or deposit requirements,
and criteria used to determine said fee, charge or deposit amounts,
required for provision of any service or acquisition of any permit
or license from the city.
(27)
Any
other ordinance or resolution, or part thereof, which is not of a
general and permanent nature; or which is referred to elsewhere in
this Code as continuing in effect;
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and all such ordinances and resolutions are hereby recognized
as continuing in full force and effect to the same extent as if set
out at length in this Code. Such ordinances and resolutions are on
file in the city clerk or secretary's office.
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The following ordinances have been repealed:
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281 Burning of solid wastes.
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80-10-02 Brush collection.
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152 Creation of court and operation of court.
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152(a) Appointment of MH Mitchell Judge and MI McCullough
Recorder.
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186 Police reserve.
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94-04-04 Personnel policy by city manager.
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94-07-03 Rogers Lake ordinance.
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