This article is adopted under the authority of the Constitution and laws of the state.
(Ordinance 2009-07-20-03, sec. 2.01, adopted 7/20/09)
The purpose of this article is to protect the public health, safety and welfare by establishing procedural and substantive rules relating to the issuance of notices of violation by non-peace officers to defendants accused of violating ordinances of the city.
(Ordinance 2009-07-20-03, sec. 2.02, adopted 7/20/09)
For the purpose of this article, the definitions of terms, phrases, words and their derivations shall have the meaning and effect generally ascribed to them.
When issued in the form set forth in section 12.05.033, a notice of violation shall be known and treated as a citation. The terminology is merely to distinguish from forms issued by peace officers and shall not be afforded any legal distinction.
(Ordinance 2009-07-20-03, sec. 2.03, adopted 7/20/09)
(a)
A person issued a notice of violation, as authorized by this article, commits an offense if the person fails to appear or enter a plea in the municipal court pursuant to division 2 after receiving a copy of the sworn complaint for the violation in the manner provided by law.
(b)
A person issued a notice of violation, as authorized by this article, commits an offense if the person fails to appear or enter a plea pursuant to division 2 on or before the appearance date indicated on a summons issued by the municipal court. Such a person may also be held in contempt, consistent with state law.
(c)
A person commits an offense if the person interferes with or obstructs the issuance of a notice of violation under this article.
(d)
A person commits an offense if the person gives false or fictitious name, address, or other information to an individual authorized to issue a citation under this article.
(Ordinance 2009-07-20-03, sec. 2.04, adopted 7/20/09)
The issuance of a notice of violation of any city code, as authorized by this article, shall require payment in the amount and manner established in such code.
(Ordinance 2009-07-20-03, art. 3, adopted 7/20/09)
Pursuant to this section, and the scope of their assigned duties, a notice of violation may be issued by any of the following individuals:
(1)
Health inspector.
(2)
Building inspector or code official.
(3)
Code enforcement officer.
(4)
Public works director or his designee.
(Ordinance 2009-07-20-03, sec. 4.02, adopted 7/20/09)
Notice of violation issued under this section must be in a form approved by the municipal court clerk that includes the following information:
(1)
The name, address, date of birth or driver’s license number and physical description, and telephone number of the person cited.
(2)
The offense for which the person is charged.
(3)
The date and location of the offense.
(4)
Instructions concerning time, manner and place of payment.
(5)
The signature of the person issuing the citation.
(Ordinance 2009-07-20-03, sec. 4.03, adopted 7/20/09)
All pleas arising from the issuance of a notice of violation shall be made pursuant to article 27.14 of the Code of Criminal Procedure.
(1)
Notices of violation may be sent certified mail or regular mail consistent with applicable city ordinances and state law for the offense alleged.
(2)
A notice of violation issued by mail must be in the same form and of the same content as that contained in section 12.05.033 to the extent practicable.
(4)
If the notice of violation is by any manner other than personal delivery requiring a signature, the municipal court may issue a summons for the person with a copy of the complaint attached ordering the person to appear in person, by legal counsel or in a manner authorized by article 27.14 of the Texas Code of Criminal Procedure.
(Ordinance 2009-07-20-03, sec. 4.04, adopted 7/20/09)