There is hereby adopted the Code of Ordinances of the City of
Bellville, Texas.
(Ordinance adopted 4/20/21)
The ordinances embraced in this chapter and the following chapters,
articles and sections shall constitute and be designated the “Code
of Ordinances, City of Bellville, Texas,” and may be so cited.
(Ordinance adopted 4/20/21)
The catchlines of the several articles, divisions and sections
of this code are intended as mere catchwords to indicate the contents
of the article, division or section and shall not be deemed or taken
to be titles of such articles, divisions and sections, nor as any
part of the articles, divisions and sections, nor, unless expressly
so provided, shall they be so deemed when any of such articles, divisions
and sections, including the catchlines, are amended or reenacted.
(Ordinance adopted 4/20/21)
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:
Generally.
Words shall be construed in their common and usual significance
unless the contrary is clearly indicated. Any word defined by State
Statute or Code shall be given the meaning ascribed to it by the statute.
Council.
Defined by Local Government Code, section 21.002.
County.
The term “county” or “this county”
shall mean the County of Austin, Texas.
Delegation of authority.
Whenever a provision of this Code of Ordinances requires
or authorizes an officer or employee of the city to do some act or
perform some duty, it shall be construed to authorize such officer
or employee to designate, delegate and authorize subordinates to perform
the act or duty unless the terms of the provision specifically designate
otherwise.
Gender.
Defined by Government Code, section 312.003(c).
May.
Defined by Government Code, section 311.016.
Month.
Defined by Government Code, section 312.011.
Number.
Defined by Government Code, section 312.003(b).
Oath.
Defined by Government Code, section 312.011.
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.
Defined by Government Code, section 311.005.
Preceding, following.
The terms “preceding” and “following”
mean next before and next after, respectively.
Property.
Defined by Government Code, section 311.005.
Real property.
The term “real property” shall mean all interests
in land recognized under state law.
Sidewalk.
The word “sidewalk” shall mean that portion of
a street between the curbline and the adjacent property line intended
for the use of pedestrians.
State.
The term “the state” or “this state”
shall be construed to mean the State of Texas.
Street.
The word “street” 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.
Tense.
Defined by Government Code, section 312.003(a).
Year.
Defined by Government Code, section 312.011.
(Ordinance adopted 4/20/21)
All portions of this Code are severable as defined by Government
Code, section 312.013.
(Ordinance adopted 4/20/21)
The repeal of an ordinance or any portion thereof shall be governed
by Government Code, section 311.030.
(Ordinance adopted 4/20/21)
All ordinances of a general and permanent nature, and amendments
to such ordinances, hereafter enacted or presented to the city council
for enactment, shall be drafted, so far as possible, as specific amendments
of, or additions to, the Code of Ordinances. Amendments to this code
shall be made by reference to the chapter and section of the code
which is to be amended, and additions shall bear an appropriate designation
of chapter, article and section; provided, however, the failure to
do so shall in no way affect the validity or enforceability of such
ordinances. All ordinances requiring new taxation, amendments to the
budget allowing expenditures greater than $50,000.00 in any one year
or which may have an effect on the city’s bonded indebtedness
or credit rating, or which contemplate a substantial change in the
operations of the business of the city shall require a super majority
vote of Council which shall mean not less than four out of five alderman
voting in favor of the amendment, repeal or addition to the Code.
(Ordinance adopted 4/20/21)
(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 during the
period covered by the supplement and all changes made thereby in the
code. The pages of a supplement shall be so numbered that they will
fit properly into the code and will, where necessary, replace pages
that 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 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 articles,
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 articles, sections and other subdivisions
to be inserted in the code and, where necessary to accommodate new
material, change existing article or section or other subdivision
numbers;
(4) Change the words “this ordinance” or words of the same
meaning to “this chapter,” “this article,”
“this section,” “this subsection,” etc., as
the case may be; and
(5) Make other nonsubstantive changes necessary to preserve the original
meaning of ordinance material 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 4/20/21)
(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 of not exceeding five hundred dollars ($500.00).
(b) A
fine or penalty for the violation of a rule, ordinance or police regulation
that governs fire safety, zoning or public health and sanitation,
including the dumping of refuse, may not exceed two thousand dollars
($2,000.00).
(c) Unless
otherwise specifically stated in this code, any violation of this
code or of any ordinance that is punishable by a fine that does not
exceed five hundred dollars ($500.00) does not require a culpable
mental state, and a culpable mental state is hereby not required to
prove any such offense. Unless otherwise specifically stated in this
code, any violation of this code or of any ordinance that is punishable
by a fine that exceeds five hundred dollars ($500.00) shall require
a culpable mental state.
(d) No
penalty shall be greater or less than the penalty provided for the
same or a similar offense under the laws of the state.
(e) Unless
otherwise stated in this code or in any ordinance, each day any violation
of this code or of any ordinance shall continue shall constitute a
separate offense.
(f) In
the event that any such violation is designated as a nuisance under
the provisions of this code, such nuisance may be summarily abated
by the city at the expense of the violator. In addition to the penalty
prescribed above, the city may pursue other remedies such as abatement
of nuisances, injunctive relief and revocation of licenses or permits.
(Ordinance adopted 4/20/21)