The ordinances embraced in this and the following chapters and
sections shall constitute and be designated as the "Code of Ordinances,
City of Burleson, Texas," and may be so cited.
(Code 1983, § 1-2)
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.
(Code 1983, § 1-5)
In the construction of this Code, and of all ordinances and
resolutions passed by the city council, the following rules and definitions
contained in this section shall be observed, unless such construction
would be inconsistent with the manifest intent of the council:
The Charter of the City of Burleson, Texas.
The City of Burleson, in Johnson County and Tarrant County,
Texas.
The Code of Ordinances, City of Burleson, Texas.
In computing any period of time prescribed or allowed by
this Code the day of the act, event or default from which the designated
period of time begins to run shall not be included. The last day of
the period so computed shall be included unless it is a Saturday,
Sunday or legal holiday, in which event the period shall run until
the end of the next day which is not a Saturday, Sunday or legal holiday.
Unless the context clearly indicates the contrary, where
a provision involving two or more items, conditions, provisions or
events are connected by the conjunction "and," "or" or "either …
or," the conjunction shall be interpreted as follows:
"And" indicates that all the connected terms, conditions, provisions
or events apply.
"Or" indicates that the connected terms, conditions, provisions
or events apply single or in any combination.
"Either … or" indicates that the connected terms, conditions,
provisions or events apply singly but not in combination.
The mayor and councilmembers acting as the city council of
the City of Burleson, Texas.
Johnson County, Texas, or Tarrant County, Texas, or both,
as the case may require.
A term importing the one gender shall extend and be applied
to the other genders.
When used in this Code, shall include any street, alley,
highway, avenue, public place or square, bridge, viaduct, tunnel,
underpass, overpass and causeway in the city, dedicated or devoted
to public use.
Is to be construed as being permissive and not mandatory.
A calendar month, except as otherwise specified in this Code.
Any term importing the singular number shall include the
plural, and any term importing the plural number shall include the
singular.
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 terms "swear" and "sworn" shall be equivalent to
the terms "affirm" and "affirmed."
Any reference to officers, employees, departments, boards,
committees and commissions shall be construed to mean the officers,
employees, departments, boards, committees and commissions, respectively,
of the City of Burleson, Texas.
Whenever certain hours are named in this Code, they shall
mean standard time or daylight saving time, as may be in current use
in the city.
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, except as otherwise defined in this Code.
Shall extend and be applied to associations, corporations,
firms, partnerships and bodies politic and corporate as well as to
individuals.
Includes every species of property, except real property,
as defined in this section.
Next before and next after, respectively.
Includes real and personal property, and "mixed" if the sense
used so indicates.
Includes land, tenements and hereditaments.
That portion of a street improved, designed or ordinarily
used for vehicular traffic and that portion of a street used for drainage.
Is to be construed as being mandatory.
Includes a mark when a person cannot write.
Shall be construed to mean the State of Texas.
Includes any highway, alley, street, avenue, public place
or square, bridge, viaduct, culvert, underpass, overpass, tunnel,
causeway or other public way in the city, dedicated or devoted to
public use.
Terms used in the past or present tense include the future
as well as the past and present.
The latest edition or supplement to Vernon's Annotated Civil
Statutes.
Refer to the latest edition or supplement of Vernon's Texas
Code Annotated.
Shall be construed to include any representation, other than
oral, of words, letters or figures, whether by writing, printing or
otherwise.
A calendar year, except as otherwise provided in this Code.
The history or source notes appearing in parentheses after sections
in this Code have no legal effect but are merely intended to indicate
the legislative history of that section.
All references to chapters or sections are to the chapters or
sections of this Code unless otherwise specified.
Editor's notes, Charter references, cross references and state
law references that appear in this Code after sections or subsections
are provided for the convenience of the user of the Code and have
no legal effect.
(a)
The repeal
of an ordinance shall not revive any ordinances in force before or
at the time the ordinance repealed took effect.
(b)
The repeal
of an ordinance shall not affect any punishment or penalty incurred
before the repeal took effect, nor any suit, prosecution or proceeding
pending at the time of the repeal for an offense committed or cause
of action arising under the ordinance repealed.
(Code 1983, § 1-10)
(a)
The following
types of ordinances or enactments are not affected by the adoption
of this Code, and the same are continued in effect until amended or
repealed by the city council:
(1)
Any
ordinance promising or guaranteeing the payment of money for the city,
or authorizing the issuance of any bond of the city or any evidence
of the city's indebtedness;
(2)
Any
contract or obligation assumed by the city;
(3)
Any
right or franchise granted by the city, whether or not all or portions
of such franchises are set out in such Code;
(4)
Any
ordinance dedicating, naming, establishing, locating, opening, paving,
widening, vacating, etc., any street or public way in the city;
(5)
Any
ordinance relating to municipal street maintenance agreements with
the state;
(6)
Any
ordinance establishing or prescribing grades for streets in the city;
(7)
Any
appropriation ordinance or ordinance providing for the levy of ad
valorem taxes or other taxes not mentioned herein, or providing for
an annual budget;
(8)
Any
ordinance relating to local improvements and assessments for such
improvements;
(9)
Any
ordinance annexing territory to the city or discontinuing territory
as a part of the city;
(10)
Any
ordinance calling an election;
(11)
Ordinances
prescribing traffic regulations, not in conflict herewith;
(12)
Any
zoning ordinance including rezonings and issuance of specific use
permits or any subdivision ordinance;
(13)
Any
administrative ordinance not in conflict herewith;
(14)
Any
preamble, recital or finding of fact contained in any ordinance included
herein, and all such matters shall be deemed incorporated in the sections
herein derived from such respective ordinances;
(15)
Any
ordinance prescribing personnel policies, procedures, or salaries
and wages not in conflict herewith;
(16)
Any
ordinance regarding rates or charges of utility companies, not included
herein; and
(17)
Temporary
or special ordinances.
(b)
These
ordinances shall be on file in the city secretary's office. This Code
may be amended from time to time to incorporate any of the matters
listed above into the Code of Ordinances, at which time said exception
or exceptions will be deemed to be deleted, whether or not expressly
so done.
(a)
All ordinances
adopted subsequent to this Code that amend, repeal or in any way affect
this Code may be numbered in accordance with the numbering system
of the Code and printed for inclusion in the Code. Portions of this
Code repealed by subsequent ordinances may be excluded from this Code
by omission from affected reprinted pages. The subsequent ordinances
as numbered and printed or omitted, in the case of repeal, shall be
prima facie evidence of such subsequent ordinances until such time
that this Code of Ordinances and subsequent ordinances numbered or
omitted are readopted as a new code of ordinances by the city council.
(b)
Amendments
to provisions of this Code shall be made with the following language:
"Section (chapter, article, division or subdivision, as appropriate)
_________ of the Code of Ordinances, City of Burleson, Texas, is hereby
amended to read as follows: …." The new provisions shall be set
out in full.
(c)
If a new
section, subdivision, division, article or chapter is to be added
to the Code, the following language shall be used: "Section (chapter,
article, division or subdivision, as appropriate) ________ of the
Code of Ordinances, City of Burleson, Texas is hereby created to read
as follows: …." The new provisions shall be set out in full.
(d)
All provisions
desired to be repealed should be repealed by section, subdivision,
division, article or chapter number, as appropriate, or by setting
out the repealed provisions in full in the repealing ordinance.
(Code 1983, § 1-4)
(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 or adopted by initiative
and referendum during the period covered by the supplement and all
changes made thereby in the Code, and may 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 terms "this ordinance" or terms 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.
|
(Code 1983, § 1-3)
It is hereby declared to be the intention of the city council
that the sections, paragraphs, sentences, clauses and phrases of this
Code are severable, and if any phrase, clause, sentence, paragraph
or section in 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 city council without the incorporation
in this Code of any such unconstitutional phrase, clause, sentence,
paragraph or section.
(Code 1983, § 1-8)
In any prosecution for a violation of any provision of this
Code, the Code or a copy of such provision, certified by the city
secretary, may be admitted in evidence without further proof and shall
be prima facie evidence of the existence and regular enactment of
such provision, without the necessity of introducing in evidence the
entire Code.
(Code 1983, § 1-9)
In any prosecution for a violation of any provision of this
Code, upon proof of the provision of the Code, it shall not be necessary
to negate any exception, excuse, provision of exemption contained
in the Code and the burden of proof of any such exception, excuse,
provision or exemption shall be upon the defendant.
(Code 1983, § 1-6; Ord. No. C-358, § 1, 8-27-1987)
(a)
Whenever
in this Code or in any ordinance, rule or police regulation of the
city an act is prohibited or is made or declared to be unlawful or
an offense or a misdemeanor, or wherever in such Code, ordinance,
rule or police regulation the doing of any act is required or the
failure to do any act is declared to be unlawful, where 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 not
exceeding $500.00; provided, however, that where the offense is one
for which a penalty is fixed by state law, the penalty for such offense
shall be the same as fixed by state law.
(b)
The maximum
fine for violating provisions of this Code or any ordinance, rule,
or police regulation that govern fire safety, zoning, or public health
and sanitation, including dumping of refuse, shall be a fine not exceeding
$2,000.00.
(c)
Each
day any violation of this Code or other ordinance of the city shall
continue shall constitute a separate offense unless otherwise provided.
(d)
Nothing
herein affects any minimum fine set by the city and said minimum fine
shall remain unchanged.
(Code 1983, § 1-7)
Whenever a corporation or association violates any provision
of this Code or other ordinance of the city, the president, vice-president,
secretary, treasurer, manager or any agent or employee of such corporation
or association shall be severally liable for the penalty prescribed
for such violation.
(Ord. No. CSO#228-04-2015, §
1, 4-6-2015)
(a)
Unless
otherwise specifically stated within the provisions of this Code,
any violation of this Code that is punishable by a fine that does
not exceed the amount authorized by V.T.C.A. Penal Code § 12.23,
does not require a culpable mental state, and a culpable mental state
is hereby not required to prove any such offense.
(b)
Unless
otherwise specifically stated within the provisions of this Code,
any violation of this Code that is punishable by a fine that exceeds
the amount authorized by V.T.C.A. Penal Code §12.23 shall require
a culpable mental state of "criminal negligence."
