The ordinances embraced in this and the following chapters and
sections shall constitute and be designated the “Code of Ordinances,
City of Euless, Texas” and may be so cited.
(Code 1974, § 1-1)
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.
The word “Charter” shall mean the Charter of
the City of Euless printed in part I of this volume.
The word “city” shall mean the City of Euless
in the County of Tarrant and State of Texas.
Whenever reference is made to a board, committee, commission,
officer, employee or department, etc., it shall mean the same as if
it were followed by the words “of the City of Euless, Texas.”
The words “city manager,” “city secretary,”
“chief of police” and other city officers or departments
shall be construed to mean the city manager, city secretary, chief
of police or such other municipal officers or departments, respectively,
of the City of Euless, Texas. Reference to an officer or employee
by title shall include his duly authorized assistants or representatives.
The word “Code” shall mean the Code of Ordinances
of the City of Euless.
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.
Whenever the words “council” or “city council”
are used, they shall mean the city council of the City of Euless,
Texas.
The term “county” shall mean the County of Tarrant,
Texas.
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.
The word “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 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 herein, they shall mean
standard time or daylight saving time as may be in current use in
the city.
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, fiduciaries, representatives
and bodies politic and corporate as well as to individuals.
The words “preceding” and “following”
mean next before and next after, respectively.
The word “signature” or “subscription”
shall include a mark when a person cannot write.
The word “state” shall be construed to mean the
State of Texas.
This term 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.
Words used in the past or present tense include the future
as well as the past and present.
The abbreviation “V.T.C.A.” shall mean and refer
to the latest edition or supplement of Vernon’s Texas Codes
Annotated.
Civ. St. The abbreviation “Vernon’s Ann. Civ.
St.” shall mean the latest edition or supplement to Vernon’s
Annotated Civil Statutes.
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.
(Code 1974, § 1-3)
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.
(Code 1974, § 1-2)
The history notes appearing in parentheses after sections of
this Code are not intended to have any legal effect, but are merely
intended to indicate the source of matter contained in the section.
(Code 1974, § 1-4)
All references to chapters or sections are to the chapters and
sections of this Code unless otherwise specified.
(Code 1974, § 1-4)
The references and editor’s notes appearing throughout
the Code are not intended to have any legal effect, but are merely
intended to assist the user of the Code.
(Code 1974, § 1-4)
The provisions appearing in this Code so far as they are the
same as those of the Code of the City of Euless, Texas, 1974, and
of ordinances existing at the time of adoption of this Code shall
be considered as a continuation thereof and not new enactments.
(Code 1974, § 1-4)
(a)
Nothing
in this Code or the ordinance adopting this Code shall affect any
offense or act committed or done, or any penalty of 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 authorizing or permitting
any use or the continuance of any use of a structure or premises in
violation of any ordinance of the city in effect on the date of adoption
of this Code.
(Code 1974, § 1-4)
(a)
Any and
all additions and amendments to this Code, when passed in such form
as to indicate the intention of the city council to make the same
a part of this Code, shall be deemed to be incorporated in this Code,
so that reference to the Code shall be understood and intended to
include such additions and amendments.
(b)
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 therein. When subsequent ordinances
repeal any chapter, article, division, section or subsection or any
portion thereof, such repealed portions may be excluded from the Code
by omission from reprinted pages.
(c)
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 substantially the following language: “That section __________
of the Code of Ordinances of the City of Euless, Texas, is hereby
amended to read as follows: ....” The new provisions shall then
be set out in full as desired.
(d)
If a new
section not heretofore existing in the Code is to be added, the following
language may be used: “That the Code of Ordinances, City of
Euless, Texas, is hereby amended by adding a section to be numbered
__________, which section reads as follows: ....” The new section
may then be set out in full as desired.
(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.
(Code 1974, § 1-4)
(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 or adopted by initiative
and referendum during the period covered by the supplement and all
changes made thereby in the Code, and shall also include all amendments
to the Charter during the period. 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 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 the 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 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 section 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 ordinance
material included in the supplement or already embodied in the Code.
(Code 1974, § 1-4)
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 this Code of any such unconstitutional phrase, clause, sentence,
paragraph or section.
(Code 1974, § 1-5)
(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:
(b)
Unless
otherwise specifically set forth in this Code or in state law, as
adopted, allegation and evidence of a culpable mental state is not
required for proof of the violation of any provision of this Code.
(c)
Notwithstanding subsection (b) herein, a culpable mental state of intentional, knowing, or reckless must be alleged in the charge of an offense if the offense is punishable by a fine exceeding $500.00.
(d)
A person
violating a provision of this Code or of any ordinance is guilty of
a separate offense for each day, or part of a day, during which the
violation is committed, continued or permitted, unless otherwise provided.
(e)
The owners
of any building or premises, or part thereof, where anything in violation
of this article shall be placed or shall exist, and who may have assisted
in the commission of any such violation, shall be guilty of a separate
offense and upon conviction shall be punished as provided in this
section.
(f)
The penalties
provided in this section shall be cumulative and not exclusive of
any other rights and remedies the city may have.
(Code 1974, § 1-6; Ordinance 1077, 5-12-92; Ordinance 2021, § 1, 2-11-14)
