This codification of ordinances by and for the municipality of Pflugerville will be designated as the Code of Pflugerville and may be so cited.
(Ordinance 10, passed 5-13-60; Am. Ordinance 15, passed 1-1-70; Ordinance 10, passed 1-17-80; Am. Ordinance 20, passed 1-1-80; Am. Ordinance 20, passed 1-1-85; Am. Ordinance 25, passed 1-1-85)
Unless otherwise provided herein, by law or implication required, the same rules of construction, definition, and application shall govern the interpretation of this code as those governing the interpretation of state law.
(Ordinance 10, passed 5-13-60; Am. Ordinance 15, passed 1-1-70; Ordinance 10, passed 1-17-80; Am. Ordinance 20, passed 1-1-80; Am. Ordinance 20, passed 1-1-85; Am. Ordinance 25, passed 1-1-85)
All provisions of Title I compatible with future legislation apply to ordinances hereafter adopted amending or supplementing this code unless otherwise specifically provided.
(Ordinance 10, passed 5-13-60; Am. Ordinance 15, passed 1-1-70; Ordinance 10, passed 1-17-80; Am. Ordinance 20, passed 1-1-80; Am. Ordinance 20, passed 1-1-85; Am. Ordinance 25, passed 1-1-85)
Headings and captions used in this code other than the title, chapter, and section numbers are employed for reference purposes only and will not be deemed a part of the text of any section.
(Ordinance 10, passed 5-13-60; Am. Ordinance 15, passed 1-1-70; Ordinance 10, passed 1-17-80; Am. Ordinance 20, passed 1-1-80; Am. Ordinance 20, passed 1-1-85; Am. Ordinance 25, passed 1-1-85)
(A) 
General Rule.
Words and phrases will be taken in their plain, or ordinary and usual sense. However, technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import.
(B) 
Definitions.
For the purpose of this code, the following definitions will apply, unless the context clearly indicates or requires a different meaning:
CITY.
The City of Pflugerville, Texas.
CODE, THIS CODE or THIS CODE OF ORDINANCES.
This municipal code as modified by amendment, revision, and adoption of new titles, chapters, or sections.
COUNTY.
Travis County, Texas.
MAY.
The act referred to is permissive.
MONTH.
A calendar month.
OATH.
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.
OFFICER, OFFICE, EMPLOYEE, COMMISSION, or DEPARTMENT.
An officer, office, employee, commission, or department of this municipality unless the context clearly requires otherwise.
PERSON.
Extends to and includes person, persons, firm, corporation, partnership, trustee, lessee, or receiver. Whenever used in any clause prescribing and imposing a penalty, the terms PERSON or WHOEVER as applied to any unincorporated entity means the partners or members thereof, and as applied to corporations, the officers or agents thereof.
PRECEDING or FOLLOWING.
Next before or next after, respectively.
SHALL or MUST.
The act referred to is mandatory.
SIGNATURE or SUBSCRIPTION.
Includes a mark when the person cannot write.
STATE.
The State of Texas.
SUBCHAPTER.
A division of a chapter, designated in this code by a heading in the chapter analysis and a capitalized heading in the body of the chapter, setting apart a group of sections related by the subject matter of the heading. Not all chapters have subchapters.
WRITTEN.
Any representation of words, letters, or figures, whether by printing or otherwise.
YEAR.
A calendar year, unless otherwise expressed; equivalent to the words YEAR OF OUR LORD.
(Ordinance 10, passed 5-13-60; Am. Ordinance 15, passed 1-1-70; Ordinance 10, passed 1-17-80; Am. Ordinance 20, passed 1-1-80; Am. Ordinance 20, passed 1-1-85; Am. Ordinance 25, passed 1-1-85)
All ordinances of this municipality will be construed according to the following rules, unless such construction is plainly repugnant to the intent of the City Council or of the context of the ordinance:
(A) 
And or Or.
Either conjunction includes the other as if written “and/or,” if the sense requires it.
(B) 
Acts by Assistants.
When a statute or ordinance requires an act to be done which, by law, an agent or deputy as well may do as the principal, that requirement will be satisfied by the performance of the act by an authorized agent or deputy.
(C) 
Gender, Singular and Plural, Tenses.
Words denoting the masculine gender will be deemed to include the feminine and neuter genders; words in the singular will include the plural, and words in the plural will include the singular; the use of a verb in the present tense will include the future, if applicable.
(D) 
General Term.
A general term following specific enumeration of terms is not to be limited to the class enumerated unless expressly so limited.
(Ordinance 10, passed 5-13-60; Am. Ordinance 15, passed 1-1-70; Ordinance 10, passed 1-17-80; Am. Ordinance 20, passed 1-1-80; Am. Ordinance 20, passed 1-1-85; Am. Ordinance 25, passed 1-1-85)
If any provision of this code as now or later amended or its application to any person or circumstance is held invalid, that invalidity will not affect other provisions that can be given effect without the invalid provision or application.
(Ordinance 10, passed 5-13-60; Am. Ordinance 15, passed 1-1-70; Ordinance 10, passed 1-17-80; Am. Ordinance 20, passed 1-1-80; Am. Ordinance 20, passed 1-1-85; Am. Ordinance 25, passed 1-1-85)
Whenever in one section of this code reference is made to another section, that reference will extend and apply to the section referred to as subsequently amended, revised, recodified, or renumbered, unless the subject matter is changed or materially altered by the amendment or revision.
(Ordinance 10, passed 5-13-60; Am. Ordinance 15, passed 1-1-70; Ordinance 10, passed 1-17-80; Am. Ordinance 20, passed 1-1-80; Am. Ordinance 20, passed 1-1-85; Am. Ordinance 25, passed 1-1-85)
Reference to a public office or officer will be deemed to apply to any office, officer, or employee of this municipality exercising the powers, duties, or functions contemplated in the provision, even if the functions have been transferred or the official title of the functionary has been changed.
(Ordinance 10, passed 5-13-60; Am. Ordinance 15, passed 1-1-70; Ordinance 10, passed 1-17-80; Am. Ordinance 20, passed 1-1-80; Am. Ordinance 20, passed 1-1-85; Am. Ordinance 25, passed 1-1-85)
If a manifest error is discovered, consisting of the misspelling of any words; the omission of any word or words necessary to express the intention of the provisions affected; the use of a word or words to which no meaning can be attached; or the use of a word or words when another word or words was clearly intended, the spelling will be corrected and the word or words supplied, omitted, or substituted to conform with the manifest intention, and the provisions will have the same effect as though the correct words were contained in the text as originally published. No alteration may be made if any question exists regarding the nature or extent of the error.
(Ordinance 10, passed 5-13-60; Am. Ordinance 15, passed 1-1-70; Ordinance 10, passed 1-17-80; Am. Ordinance 20, passed 1-1-80; Am. Ordinance 20, passed 1-1-85; Am. Ordinance 25, passed 1-1-85)
The official time, as established by applicable state/federal laws, may be the official time within this municipality for the transaction of all municipal business.
(A) 
If an ordinance requires an act to be done in a reasonable time or requires reasonable notice to be given, reasonable time or notice means the time that is necessary for a prompt performance of act or the giving of notice.
(B) 
The time within which an act is to be done will be computed by excluding the first day and including the last. If the last day is a Saturday, Sunday, or legal holiday, it will be excluded.
(Ordinance 10, passed 5-13-60; Am. Ordinance 15, passed 1-1-70; Ordinance 10, passed 1-17-80; Am. Ordinance 20, passed 1-1-80; Am. Ordinance 20, passed 1-1-85; Am. Ordinance 25, passed 1-1-85)
This code, from and after its effective date, will contain all of the provisions of a general nature pertaining to the subjects included. All prior ordinances pertaining to the subjects included in this code will be deemed repealed from and after the effective date of this code.
(Ordinance 10, passed 5-13-60; Am. Ordinance 15, passed 1-1-70; Ordinance 10, passed 1-17-80; Am. Ordinance 20, passed 1-1-80; Am. Ordinance 20, passed 1-1-85; Am. Ordinance 25, passed 1-1-85)
All ordinances of a temporary or special nature and all other ordinances pertaining to subjects not included in this code will remain in full force and effect unless repealed either expressly or by implication.
(Ordinance 10, passed 5-13-60; Am. Ordinance 15, passed 1-1-70; Ordinance 10, passed 1-17-80; Am. Ordinance 20, passed 1-1-80; Am. Ordinance 20, passed 1-1-85; Am. Ordinance 25, passed 1-1-85)
All ordinances passed by the City Council requiring publication will take effect from and after the due publication thereof, unless otherwise expressly provided. Ordinances not requiring publication will take effect from their passage, unless otherwise expressly provided.
(Ordinance 10, passed 5-13-60; Am. Ordinance 15, passed 1-1-70; Ordinance 10, passed 1-17-80; Am. Ordinance 20, passed 1-1-80; Am. Ordinance 20, passed 1-1-85; Am. Ordinance 25, passed 1-1-85)
(A) 
Whenever any ordinance or part of an ordinance is repealed or modified by a subsequent ordinance, the repealed or modified ordinance or part of an ordinance will continue in force until the ordinance repealing or modifying it becomes effective.
(B) 
No suit, proceeding, right, fine, forfeiture, or penalty instituted, created, given, secured, or accrued under any ordinance prior to its repeal will in any way be affected, released, or discharged, but may be prosecuted, enjoyed, and recovered as fully as if the ordinance had continued in force unless it is otherwise expressly provided.
(C) 
When any ordinance repealing a former ordinance, clause, or provision is itself repealed, the repeal will not be construed to revive the former ordinance, clause, or provision, unless it is expressly provided.
(Ordinance 10, passed 5-13-60; Am. Ordinance 15, passed 1-1-70; Ordinance 10, passed 1-17-80; Am. Ordinance 20, passed 1-1-80; Am. Ordinance 20, passed 1-1-85; Am. Ordinance 25, passed 1-1-85)
(A) 
If the City Council wishes to amend any existing chapter or section of this code, the chapter or section will be specifically repealed and a new chapter or section, containing the desired amendment, substituted in its place.
(B) 
Any ordinance which is proposed to add a new chapter or section to the existing code will indicate, with reference to the arrangement of this code, the proper number of that chapter or section. In addition, a caption or title will be shown in concise form above the ordinance.
(Ordinance 10, passed 5-13-60; Am. Ordinance 15, passed 1-1-70; Ordinance 10, passed 1-17-80; Am. Ordinance 20, passed 1-1-80; Am. Ordinance 20, passed 1-1-85; Am. Ordinance 25, passed 1-1-85)
(A) 
As histories for the code sections, the specific number and passage date of the original ordinance, and the three most recent amending ordinances, if any, are listed following the text of the code section. Example:
(B) 
(1) 
If a statutory cite is included in the history, this indicates that the text of the section reads substantially the same as the statute. Example: (Tex. Gov’t Code, Chapter 552)
(2) 
If a statutory cite is set forth as a “statutory reference” following the text of the section, this indicates that the reader should refer to that statute for further information. Example:
§ 39.01. PUBLIC RECORDS AVAILABLE.
This municipality shall make available to any person for inspection or copying all public records, unless otherwise exempted by state law.
(Ordinance 10, passed 5-13-60; Am. Ordinance 15, passed 1-1-70; Ordinance 10, passed 1-17-80; Am. Ordinance 20, passed 1-1-80; Am. Ordinance 20, passed 1-1-85; Am. Ordinance 25, passed 1-1-85)
This code of ordinances shall be enforced by police officers, code enforcement officers, animal control officers, building official, building inspectors, health inspectors and fire marshal of the city and each shall have the authority to issue citations for any violation of this code.
(Ordinance 892-07-06-26, passed 6-26-07)
(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 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, the violation of any such provision of this code or any such ordinance shall be punished by:
(1) 
A fine not to exceed $2,000 in all cases arising under any rule, ordinance, or police regulation that governs fire safety, zoning, or public health and sanitation, including the dumping of refuse; and
(2) 
A fine not to exceed $500 in all other cases.
(B) 
Each day any violation of this code or of any ordinance continues will constitute a separate offense. If any such violation is designated as a nuisance under the provisions of this code, the nuisance may be summarily abated by the City Manager or the Chief of Police or their assigns.
(C) 
A culpable mental state is not required for the commission of an offense under this code unless the provision defining the conduct expressly requires a culpable mental state.
(Ordinance 260-87-08-11, passed 8-11-87; Ordinance 756-04-09-28, passed 9-28-04)