Editor’s note–Pursuant to Texas Penal Code sec. 1.08, “No government subdivision or agency may enact or enforce a law that makes any conduct covered by the [Texas Penal Code] an offense subject to a criminal penalty ” Therefore, offenses contained in the Texas Penal Code have preempted duplicative municipal ordinances. This chapter only contains offenses that have not been addressed in the Texas Penal Code.
(A) 
Definition.
As used in the section, alcoholic beverage means alcohol or any beverage containing more than one-half of one percent of alcohol by volume which is capable of use for beverage purposes, either alone or when diluted.
(B) 
Possession or consumption.
From and after the effective [date] of this section, it shall be unlawful for any person to possess or consume any alcoholic beverage while upon any property within the corporate limits of the city, which is owned, possessed or controlled by the city and/or used for public municipal purposes. Special events may be granted a special use permit authorized by a majority vote of the city council. Permitted events and attendees must comply with all governing laws and regulations of the State of Texas and the city pertaining to the sale, distribution, possession and consumption of alcoholic beverages. Permitted events must also comply with any directive or established policy of the city manager, police chief or designee.
(C) 
Penalty.
Any person who violates the provisions of this section shall, upon conviction for such violation, be fined not less than one dollar ($1.00), nor more than two hundred dollars ($200.00).
(Ordinance 374 adopted 2/28/95; Am. Ordinance 18-0327-02 adopted 3/27/18)
(A) 
It shall be unlawful for any person to shoot, fire off, or discharge within the corporate limits of the city, any rifle, pistol, shotgun, machine gun, or other firearm or any rifle, pistol, or any other instrument which propels any pellet, shot, BB, or other article by the use of compressed air, spring, or similar mechanism not involving an explosive charge.
(B) 
The following exceptions to the acts prohibited by this section shall be a defense to any charge hereunder:
(1) 
Duly appointed and acting federal, state, county, or municipal law enforcement officers, or security officers authorized by law to carry firearms and while in the discharge of their duties as such law enforcement or security officer.
(2) 
Within licensed and legally operating shooting galleries.
(3) 
Licensed and legally operating gunsmiths in the actual operation of their business.
Penalty, see sec. 130.99
(Ordinance 266 adopted 10/24/86)
[1]
Editor’s note–Former section pertaining to juvenile curfew, was repealed and deleted in its entirety by Ordinance 23-0815-06 adopted 8/15/2023. Prior to the deletion, this section derived from the following: Ordinance 08-1027-01 adopted 10/27/08; Am. Ordinance 11-1025-01 adopted 10/25/11 and Ordinance 20-1110-01 adopted 11/10/20.
(A) 
Purpose.
The purpose of this section is to prohibit the use, possession, sale, ingestion or smoking of illegal smoking products and ingestion devices hereinafter defined within the city limits of the City of Whitehouse.
(B) 
Definitions.
For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) 
ILLEGAL SMOKING PRODUCT.
Any substance, whether described as tobacco, herbs, incense, spice or any blend thereof, regardless of whether the substance is marketed for the purpose of being smoked, which includes any one or more of the following chemicals:
(a) 
Salviadivinorum or salvinorum A; all parts of the plant presently classified botanically as salvia divinorum, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts derivative, mixture or preparation of such plant, its seeds or extracts;
(b) 
2-[(1R, 3S)-3-hydroxycyclohexyl}-5-(2-methylocatan-2-yl) phenol (also known as CP47, 497) and homologues;
(c) 
(6aS,10aS)-9-(hydroxmethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7, 10, 10a-tetrahydrobenzo [c] chromen-1-ol) (also known as HU-211 or Dexanabinol);
(d) 
l-Pentyl-3-(l-naphthoyl) indole (also known as JWH-018); or
(e) 
Butyl-3-(l-naphthoyl) indole (also known as JWH-073).
(2) 
INGESTION DEVICE.
Equipment, a product or material that is used or intended for use in ingesting, inhaling, or otherwise introducing an illegal smoking product into the human body, including:
(a) 
A metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a screen, permanent screen, hashish head, or punctured metal bowl;
(b) 
A water pipe;
(c) 
A carburetion tube or device;
(d) 
A smoking or carburetion mask;
(e) 
A chamber pipe;
(f) 
A carburetor pipe;
(g) 
An electric pipe;
(h) 
An air-driven pipe;
(i) 
A chillum;
(j) 
A bong; or
(k) 
An ice pipe or chiller.
(3) 
PERSON.
An individual, corporation, partnership, wholesaler, retailer or any licensed or unlicensed business.
(C) 
Sell, offer, gift, display or possession.
It shall be unlawful for any person to use, possess, purchase, barter, give, publicly display, sell or offer for sale any illegal smoking product.
(D) 
Use or possession of ingestion devices.
It shall be unlawful for any person to use or possess with intent to use an ingestion device to inject, ingest, inhale or otherwise introduce into the human body an illegal smoking product.
(E) 
Defense.
It shall be a defense to a violation of this section that any act described in this section is under and pursuant to the direction or prescription of a licensed physician or dentist authorized to direct or prescribe such act.
Penalty, see sec. 130.99
(Ordinance 10-0921-01 adopted 9/21/10)
(A) 
Repeat sexual offenders, sexual offenders that use physical violence and sexual offenders who prey on children present an extreme threat to the public safety. Sexual offenders are extremely likely to use physical violence and to repeat their offenses. Most sexual offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. This makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant.
(B) 
It is the intent of this subchapter to serve the city’s compelling interest to promote, protect and improve the health, safety and welfare of its citizens, by creating areas, around locations where children regularly congregate in concentrated numbers, wherein certain sexual offenders and sexual predators are prohibited from establishing temporary or permanent residences.
(Ordinance 14-0225-02 adopted 2/23/14)
The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
PERMANENT RESIDENCE.
A place where the person abides, lodges or resides for 14 or more consecutive days.
TEMPORARY RESIDENCE.
A place where the person abides, lodges or resides for a period of 14 or more days in the aggregate during any calendar year and which is not the person’s permanent address, or a place where the person routinely abides, resides or lodges for a period of four or more consecutive or nonconsecutive days in any month, and which is not the person’s permanent residence.
(Ordinance 14-0225-02 adopted 2/23/14)
(A) 
It is unlawful for any person who has been convicted of a violation of either secs. 43.25, 43.26, 21.08, 21.11, 22.011, 22.021 or 25.02 of the Tex. Penal Code, regardless of whether the adjudication was deferred, in which the victim of the offense was less than 16 years of age, to establish a permanent residence or temporary residence within 1,000 feet of any premises where children commonly gather including, but not limited to, a school, day care facility, playground, public or private youth center, public swimming pool, or video arcade facility, as those terms are defined in Article 481.134 of the Tex. Health and Safety Code.
(B) 
For the purpose of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the permanent or temporary residence to the nearest property line of the premises where children commonly gather, as described herein.
(C) 
Exceptions. A person residing within 1,000 feet of those places where children commonly gather, as specified herein, does not commit a violation of this subchapter if any of the following apply:
(1) 
The person established the permanent or temporary residence and has complied with all the sex offender registration laws of the State of Texas, prior to the date of adoption of this subchapter.
(2) 
The person was a minor when he or she committed the offenses and was not convicted as an adult.
(3) 
The person is a minor.
(4) 
The premises where children commonly gather, as specified herein, within 1,000 feet of the person’s permanent or temporary residence, was opened after the person established the permanent or temporary residence and complied with all sex offender registration laws of the State of Texas.
Penalty, see sec. 130.99
(Ordinance 14-0225-02 adopted 2/23/14)
It is unlawful to let or rent any place, structure or part thereof, with knowledge that it will be used as a permanent residence or temporary residence by any person prohibited from establishing such permanent residence or temporary residence pursuant to the terms of this subchapter, if such place, structure or part thereof, is located within 1,000 feet of any premises where children commonly gather, including but not limited to, a school, day care facility, playground, public or private youth center, public swimming pool, or video arcade facility, as those terms are defined in Article 481.134 of the Tex. Health and Safety Code.
Penalty, see sec. 130.99
(Ordinance 14-0225-02 adopted 2/23/14)
(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 therefor, 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 municipal ordinances that govern fire safety, zoning and public health and sanitation other than vegetation and litter violations;
(2) 
A fine not to exceed $2,000, if a motor vehicle is used in illegal dumping or an offense under the law or city ordinance violated by the illegal dumping;
(3) 
A fine not to exceed $500 in all other cases, provided, however, that no penalty shall be greater or less than the penalty provided for the same or a similar offense under the laws of the state.
(B) 
Each day any violation of this Code or of any ordinance shall continue shall constitute a separate offense. 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 Manager or the Chief of Police or their assigns.
(C) 
Any person/persons failing to comply and either pleading guilty or being found guilty by the court or jury, and with the provisions of sec. 130.03, upon conviction, shall be fined not less than $1 nor more than $500, for each separate offense cited pursuant to sec. 130.03, being special Class C misdemeanor as established under the Texas Penal Code (2007).
(D) 
Any person, firm or corporation violating any of the provisions or terms of sec. 130.04 or of the Code of Ordinances as amended thereby, shall be subject to the same penalty as provided for in the Code of Ordinances of the City of Whitehouse, as previously amended, and upon conviction shall be punished by a fine not to exceed the sum of $2,000 for each offense.
(E) 
Any person, firm or corporation who violates secs. 130.15 through 130.18 shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed $500.
(Ordinance 08-1027-01 adopted 10/27/08; Am. Ordinance 10-0921-01 adopted 9/21/10; Am. Ordinance 14-0225-02 adopted 2/23/14)