This article shall be cited as the notice of violation ordinance.
(Ordinance O-04-10 adopted 3/23/2010; 1997 Code, sec. 98.01)
This article provides procedural and substantive rules relating
to the issuance of citations by non-peace officers to defendants accused
of violating criminal ordinances of the city.
(Ordinance O-0410 adopted 3/23/2010; 1997 Code, sec. 98.02)
This article applies to the issuance of citations alleging criminal
violations within the jurisdiction of the municipal court. The procedures
of this article apply only to offenses alleged to occur on or after
the date of enactment.
(Ordinance O-04-10 adopted 3/23/2010; 1997 Code, sec. 98.03)
(a)
General rules of construction.
Words and phrases used
in this article shall have the meanings set forth in this section.
Terms that are not defined below, but are defined elsewhere in the
Code of Ordinances, shall be given the meanings set forth in the code.
Words and phrases not defined in the Code of Ordinances shall be given
their common, ordinary meaning unless the context clearly requires
otherwise. When not inconsistent with the context, words used in the
present tense shall include the future tense; words in the plural
number shall include the singular number (and vice versa). The word
"shall" is always mandatory, while the word "may" is merely directory.
Headings and captions are for reference purposes only.
(b)
Notice of violation.
Person.
Specific definitions.
When issued in the form set forth in section 2.08.007, shall also be known and treated as a citation and the terminology is merely to distinguish forms issued by peace officers and shall not be afforded any legal distinction.
Any individual, firm, partnership, association, business,
corporation or other entity.
(Ordinance O-04-10 adopted 3/23/2010; 1997 Code, sec. 98.04)
A citation issued pursuant to this article does not relate to
the issuance of a citation by a peace officer pursuant to Texas Code
of Criminal Procedure, article 14.06(b), or Texas Transportation Code
section 543.003.
(Ordinance O-04-10 adopted 3/23/2010; 1997 Code, sec. 98.05)
Pursuant to this article, and the scope of their assigned duties,
a notice of violation may be issued by any of the following individuals:
(1)
Health
inspector.
(2)
City
inspector.
(3)
Building
inspector or official.
(4)
Road
inspector.
(5)
Code
enforcement or code compliance officer.
(6)
Fire
inspector.
(7)
Any
other individual authorized to enforce the city's Code of Ordinances.
(Ordinance O-04-10 adopted 3/23/2010; 1997 Code, sec. 98.06)
A notice of violation issued under this article 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)
An
appearance date;
(5)
A
statement requiring the person receiving the notice of violation to
appear at municipal court on or before the appearance date indicated
on the notice of violation;
(6)
A
statement of the person's promise to respond to the citation, pursuant
to Texas Code of Criminal Procedure article 27.14, by the appearance
date indicated on the citation, including a place for the person cited
to provide the person's signature; and
(7)
The
signature of the person issuing the citation.
(Ordinance O-04-10 adopted 3/23/2010; 1997 Code, sec. 98.07)
All pleas arising from the issuance of a notice of violation
under this article shall be made pursuant to Texas Code of Criminal
Procedure article 27.14.
(Ordinance O-04-10 adopted 3/23/2010; 1997 Code, sec. 98.08)
(a)
Notice
of violation may be sent certified mail or regular mail consistent
with applicable city ordinances and state law for the offense alleged.
(b)
A notice of violation issued by mail must be in the same form and of the same content as that contained in section 2.08.007, to the extent practicable.
(d)
If
the notice of violation is by any manner other than personal delivery
where a signature is obtained, the court may issue a summons for the
person with a copy of the complaint attached ordering the appearance
of the person to appear in person, by legal counsel or in a manner
authorized by Texas Code of Criminal Procedure article 27.14.
(e)
If
a defendant fails to appear in response to a summons a capias warrant
may issue consistent with Texas Code of Criminal Procedure article
23.03.
(Ordinance O-04-10 adopted 3/23/2010; 1997 Code, sec. 98.09)
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 section 2.08.008 on or before the appearance date indicated on the citation.
(Ordinance O-04-10 adopted 3/23/2010; 1997 Code, sec. 98.10)
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 section 2.08.008 on or before the appearance date indicated on the summons. Such a person may also be held in contempt, consistent with state law.
(Ordinance O-04-10 adopted 3/23/2010; 1997 Code, sec. 98.11)
A person commits an offense if the person interferes with or
obstructs the issuance of a notice of violation under this article.
(Ordinance O-04-10 adopted 3/23/2010; 1997 Code, sec. 98.12)
A person commits an offense if the person gives a false or fictitious
name, address, or other information to an individual authorized to
issue a citation under this article.
(Ordinance O-04-10 adopted 3/23/2010; 1997 Code, sec. 98.13)
Any person, upon agreement with the prosecution, and order of
the court, may receive deferred disposition on any city code violation.
(Ordinance O-04-10 adopted 3/23/2010; 1997 Code, sec. 98.14)
Allegation and evidence of a culpable mental state is not required
for the proof of an offense defined by this article.
(Ordinance O-04-10 adopted 3/23/2010; 1997 Code, sec. 98.15)
Each violation under this article is a misdemeanor offense, punishable upon conviction as provided in section 1.01.009.
(Ordinance O-04-10 adopted 3/23/2010; 1997 Code, sec. 98.99; Ordinance adopting 2023 Code)
