The ordinances embraced in this and the following chapters and
sections shall constitute and be designated the “Code of Ordinances,
City of Brenham, Texas” and may be so cited.
(Ordinance adopted 11/2/89, secs.
1–3; Ordinance adopted 7/2/91, sec. 1)
In the construction of this Code, and of all ordinances and
resolutions passed by the governing body, the following rules shall
be observed, unless such construction would be inconsistent with the
manifest intent of the governing body:
City.
The words “the City” or “this City”
shall mean the City of Brenham in the County of Washington and State
of 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.
County.
The term “county” or “this county”
shall mean the County of Washington, Texas.
Gender.
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.
Generally.
Words shall be construed in their common and usual significance
unless the contrary is clearly indicated.
Governing body.
The term “governing body” shall mean the city
commission or other legally constituted governing body of the City
of Brenham, Texas.
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.”
Official time standard.
Whenever certain hours are named herein they shall mean standard
time or daylight saving time as may be in current use in the city.
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.
State.
The words “the state” or “this state”
shall be construed to mean the State of Texas.
Tense.
Words used in the past or present tense include the future
as well as the past and 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.
(Ordinance adopted 11/2/89, secs.
1–3; Ordinance adopted 7/2/91, sec. 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 sections and
shall not be deemed or taken to be titles of such sections, nor as
any part of the sections, nor, unless expressly so provided, shall
they be so deemed when any of such sections, including the catchlines,
are amended or reenacted.
(Ordinance adopted 11/2/89, secs.
1–3; Ordinance adopted 7/2/91, sec. 1)
(a) By contract
or by city personnel, supplements to this Code shall be prepared and
printed whenever authorized or directed by the governing body. A supplement
to the Code shall include all substantive permanent and general parts
of ordinances passed by the governing body 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.
(Ordinance adopted 11/2/89, secs.
1–3; Ordinance adopted 7/2/91, sec. 1)
(a) General
penalty for fire, safety, zoning, public health, and sanitation code
violations.
Whenever in the City Code or in any ordinance
of the city an act in connection with fire safety, zoning, public
health, and sanitation (including refuse and wastewater) is prohibited
or made or declared to be unlawful or whenever in such code or ordinance
the doing of any such act is required or the failure to do any act
is declared to be unlawful, the violation of any such provision of
this Code or any such ordinance shall be punished by a fine of not
more than two thousand dollars ($2,000.00); 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
or fractional part thereof any violation of this Code or of any ordinance
shall continue shall constitute a separate offense.
(b) General
penalty for other Code violations.
Whenever in the City
Code or in any ordinance of the city an act is prohibited or is made
or declared to be unlawful, or whenever in such Code or 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 more than five hundred dollars
($500.00); 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 or fractional part thereof any violation
of this Code or of any ordinance shall continue shall constitute a
separate offense.
(c) Civil
penalty.
Whenever in the city Code or in any ordinance
of the city an act is prohibited or is made or declared to be unlawful,
or whenever in such Code or ordinances the doing of an act is required
or the failure to do any act is declared to be unlawful, the violation
of such provision of this Code or any such ordinance shall be punishable
by civil penalty under chapter 54 of the Texas Local Government Code.
Such civil penalty shall be imposed for any day or fractional part
thereof of any violation of this Code which is within the scope of
section 54.012 of the Texas Local Government Code or as thereafter
amended.
(Ordinance adopted 11/2/89, secs.
1–3; Ordinance adopted 7/2/91, sec. 1)
It is hereby declared to be the intention of the governing body
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 governing body without the incorporation
in this Code of any such unconstitutional phrase, clause, sentence,
paragraph or section.
Should any portion of this Code for any reason be ineffective
as to any part of the regulated area as defined herein, such ineffectiveness
as to any such part of the regulated area shall not affect the effectiveness
of this Code as to all the remainder of the regulated area.
(1894 Code, Ordinance 161; Ordinance O-12-011, sec. 1, adopted 6/7/12)