The ordinances embraced in this and the following chapters and
sections shall constitute and be designated “The Code of Ordinances,
City of Lubbock, Texas” and may be so cited. Such code may also
be cited as “Lubbock City Code.”
(1959 Code, sec. 1-1; 1983 Code,
sec. 1-1)
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.
(1959 Code, sec. 1-3; 1983 Code,
sec. 1-2)
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 council:
City.
The term “city,” “the city” or “this
city” shall mean the City of Lubbock, in the County of Lubbock
and State of Texas.
City officers.
The term “city secretary,” “chief of police”
or other city officer or department shall be construed to mean the
city secretary, chief of police or such other municipal officer or
department, respectively, of the City of Lubbock, Texas.
Computation of time.
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 be
counted in computing the time, but the day on which such proceeding
is to be had shall not be counted.
Council.
Whenever the term “council” or “this council”
or “the council” is used, it shall be construed to mean
the city council of the City of Lubbock, Texas.
County.
The term “county,” “the county” or
“this county” shall mean Lubbock County, Texas.
Gender.
A word importing the masculine gender only shall extend and
be applied to females and to firms, partnerships and corporations
as well as to males.
Health officer, city health officer.
The term “health officer” or “city health
officer,” whether so referred to or designated as the city physician,
the director of the city health unit or otherwise, shall mean the
city health officer of the City of Lubbock, Texas.
Joint authority.
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.
May.
The word “may” is permissive.
Month.
The word “month” shall mean a calendar month.
Number.
Any word importing the singular number shall include the
plural, and any word importing the plural number shall include the
singular.
Oath.
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.”
Or, and.
“Or” shall be read as meaning either, and “and”
shall be read as meaning both.
Owner.
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.
Person.
The word “person” shall extend and be applied
to associations, corporations, firms, partnerships and bodies politic
and corporate as well as to individuals.
Preceding, following.
The words “preceding” and “following”
mean next before and next after, respectively.
Roadway.
The word “roadway” shall mean that portion of
a street or highway improved, designed or ordinarily used for vehicular
travel exclusive of the berm or shoulder. In the event a street or
highway includes two (2) or more separate roadways, the term “roadway”
as used herein shall refer to any such roadway separately, but not
to all such roadways collectively.
Shall.
The word “shall” is mandatory.
Sidewalk.
The word “sidewalk” shall mean that portion of
a street between the curblines, or the lateral lines of a roadway,
and the adjacent property lines intended for the use of pedestrians.
State.
The term “the state” or “this state”
shall be construed to mean the State of Texas.
Street or highway.
The word “street” or “highway” shall
mean the entire width between the boundary lines of every way publicly
maintained when any part thereof is open to the use of the public
for purposes of vehicular travel.
Tense.
Words used in the past or present tense include the future
as well as the past and present. Words used in the future tense include
the present.
Written or in writing.
The term “written” or “in writing”
shall be construed to include any representation of words, letters
or figures, whether by printing or otherwise.
Year.
The word “year” shall mean a calendar year.
Editor’s note–The definitions of the words “roadway,” “sidewalk” and “street” or “highway” were moved from section 20.01.001 to section 1.01.003 above.
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(1959 Code, sec. 1-6; Ordinance
564 adopted 5/29/1937; 1983 Code, secs. 1-3, 16-1)
(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 said code or ordinance the doing of any act is required
or the failure to do any act is declared to be unlawful, where no
specific penalty is provided therefor, the violation of any such provision
of this code or any such ordinance shall be punished by such fine
as is provided by the general laws of the State of Texas for municipal
courts; provided, however, that no penalty shall be greater or less
than the penalty provided for the same or a similar offense under
the laws of the state. Each day any violation of this code or any
ordinance is committed shall constitute a separate offense.
(b) Unless otherwise provided, any person charged with the violation of any section of this code or any ordinance of the city, as provided in subsection
(a), shall be issued a citation to appear before the municipal court to answer such complaint, and it shall be unlawful and an offense for any person to disobey such citation.
(c) Any
person wilfully violating his written promise to appear in municipal
court, as directed on a violation as stated above, shall be guilty
of a misdemeanor regardless of the disposition of the charge upon
which he was originally arrested and upon conviction shall be punished
by a fine not to exceed two hundred dollars ($200.00).
(d) In
addition to the penalties otherwise provided, any condition caused
or permitted to exist in violation of any provision of this code or
any ordinance, which provision is intended for the protection of the
public health, safety or morals, shall be deemed a public nuisance
and may be abated by the city as provided by law.
(1959 Code, sec. 1-5; Ordinance
6574, sec. 1, adopted 3/8/1973; 1983 Code, sec. 1-4; Ordinance
8835, sec. 1, adopted 10/10/1985; Ordinance 9320, sec. 2, adopted 12/14/1989; Ordinance 10167, sec. 1, adopted 6/24/1999)
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 or otherwise
invalid by the valid judgment or decree of any court of competent
jurisdiction, such unconstitutionality or invalidity 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 this code of any such invalid phrase,
clause, sentence, paragraph or section.
(1959 Code, sec. 1-4; 1983 Code,
sec. 1-6)
(a) All
ordinances passed subsequent to this Code of Ordinances which amend,
repeal or in any way affect this Code of Ordinances may be numbered
in accordance with the numbering system of this code and printed for
inclusion herein. When subsequent ordinances repeal any chapter, section
or subsection or any portion thereof, such repealed portions may be
excluded from said code by omission from reprinted pages. The subsequent
ordinances as numbered and printed, or omitted in the case of repeal,
shall be prima facie evidence of such subsequent ordinances until
such time that this Code of Ordinances and subsequent ordinances numbered
or omitted are readopted as a new Code of Ordinances by the city council.
(b) Amendments
to any of the provisions of this code shall 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 Lubbock, Texas, is hereby amended to read as follows: . .
. .” The new provisions shall then be set out in full as desired.
(c) In
the event a new section not heretofore existing in the code is to
be added, the following language shall be used: “That the Code
of Ordinances, City of Lubbock, Texas, is hereby amended by adding
a section, to be numbered __________, which said section reads as
follows: ....” The new section shall then be set out in full
as desired.
(1959 Code, sec. 1-7; 1983 Code,
sec. 1-7)
All ordinances adopted or passed by the city council shall be
inscribed at large by the city secretary, not only in the minutes
of the council, but also in a special book to be kept for that purpose
by the secretary, and wherein at the foot of each ordinance so inscribed
the secretary shall make and sign a note stating the time of the adoption
of such ordinance. Such book of ordinances and all copies and extracts
therefrom shall be evidence of the tenor and contents of the ordinances
therein inscribed, as well as such as have been heretofore or as may
be hereafter therein so inscribed.
(1959 Code, sec. 1-8; 1983 Code,
sec. 1-8)
(a) The
repeal of an ordinance shall not revive any ordinance 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
under the ordinance repealed.
(1959 Code, sec. 1-2; 1983 Code,
sec. 1-9)