The ordinances embraced in this and following chapters and sections shall constitute and be designated the “Code of Ordinances, City of Granite Shoals, Texas,” and may be so cited. Such Code may also be cited as the “Granite Shoals City Code.”
(Ordinance 576, sec. 2 adopted 1/14/91)
In the construction of this Code, and of all ordinances and resolutions passed by the governing body, the following definitions and rules shall be observed unless such construction would be inconsistent with the manifest intent of the city council:
Boards, committees, commissions, officers, employees, departments.
Any reference to city boards, committees, commissions, officers, employees, or departments shall be construed to mean the respective entities or personnel of the City of Granite Shoals, Texas.
City.
The term “the city” or “this city” or “city” means the City of Granite Shoals, in the County of Burnet, in the State of Texas.
Code.
The term “this Code” means the Code of Ordinances, City of Granite Shoals, Texas, as designated in section 1-1.
Computation of time.
Whenever a notice is required to be given or an act to be done a certain length of time before any proceeding shall be conducted, the day on which such notice is given or such act is done shall not be counted in computing the time, but the day on which such proceeding is to be done shall be counted unless it is a Saturday, Sunday, or legal holiday.
County.
The term “county” means the County of Burnet, Texas.
Delegation of authority.
Whenever a section or provision appears to require the head of a department or some other city officer or employee to do some act or perform some duty, it shall be construed to authorize the head of the department or other officer or employee to designate, delegate and authorize subordinates to perform the required act or duty, unless the terms of the provision or section specify otherwise.
Gender.
A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships, associations and corporations, as well as to males.
Highway.
The term “highway” includes 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.
Joint authority.
Words purporting to give authority to three or more officers or other persons shall be construed as giving such authority to a majority of such officers or other persons, unless it is otherwise declared.
Month.
The term “month” means a calendar month.
Municipality.
The term “municipality” means this political subdivision, the City of Granite Shoals, Texas.
Number.
Any word importing the singular number includes the plural, and any word importing the plural number includes the singular.
Oath.
The term “oath” 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.”
Or, and.
The term “or” may be read “and” and the term “and” may be read “or,” if the sense requires it.
Owner.
The term “owner,” as applied to a building or land, includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety of the whole or part of such building or land.
Person.
The term “person” extends and is applied to associations, corporations, firms, partnerships and bodies politic and corporate, as well as to individuals.
Preceding, following.
The terms “preceding” and “following” mean “next before” and “next after,” respectively.
Shall.
The term “shall” always means mandatory and never means permissive.
Sidewalk.
The term “sidewalk” means any portion of the street between the curb, or the lateral link of the roadway and adjacent property line, intended for use by pedestrians.
Signature, subscription.
The terms “signature” and “subscription” include a mark when a person cannot write.
State.
The term “state” means the State of Texas.
Street.
The term “street” includes any highway, alley, street, avenue, boulevard, public place or square, viaduct, underpass, overpass, tunnel and causeway in the city, dedicated to public use.
TAC, T.A.C., and Texas Admin. Code.
The abbreviations “TAC,” “T.A.C.” and “Texas Admin. Code” mean the Texas Administrative Code.
Vernon’s Ann. Civ. Stat.
The term “Vernon’s Ann. Civ. Stat.” means the latest edition or supplement to Vernon’s Annotated Civil Statutes.
V.T.C.A.
The abbreviation “V.T.C.A.” means and refers to the latest edition or supplement to Vernon’s Texas Code Annotated.
Written and in writing.
The terms “written” and “in writing” shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.
Year.
The term “year” means a calendar year.
(Ordinance 576, sec. 2 adopted 1/14/91)
The catchlines of the several sections of this Code are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of the sections, nor as any part of the section, nor, unless expressly provided, shall they be so deemed when any of the sections, including the catchlines, are amended or reenacted.
(Ordinance 576, sec. 2 adopted 1/14/91)
This history or source notes appearing in parentheses after sections in this Code are not intended to have any legal effect, but are merely intended to indicate the source of the matter contained in the section.
(Ordinance 576, sec. 2 adopted 1/14/91)
References and editor’s notes following certain Code sections are provided as an aid and guide to the reader and are not controlling nor meant to have any legal effect whatsoever.
(Ordinance 576, sec. 2 adopted 1/14/91)
(a) 
All ordinances passed subsequent to this Code which amend, repeal or in any way affect this Code may be numbered in accordance with the numbering system of this Code and printed for inclusion herein, or in the case of repealed chapters, sections and subsections or any part thereof by subsequent ordinances, the repealed portions may be excluded from the Code by omission from reprinted pages affected thereby and the subsequent ordinances as numbered and printed or omitted, in the case of repeal, shall be prima facie evidence of the subsequent ordinances until the time that this Code and subsequent ordinances numbered or omitted are readopted as a new Code of Ordinances.
(b) 
Amendments to any of the provisions of this Code may be made by amending such provisions by specific reference to the section number of this Code in the following language: “That section __________ of the Code of Ordinances, City of Granite Shoals, Texas, is hereby amended to read as follows: ….” The new provisions shall then be set out in full as enacted.
(c) 
In the event a new section not heretofore existing in the Code is to be added, the following language may be used: “That the Code of Ordinances, City of Granite Shoals, Texas, is hereby amended by adding a section, to be numbered __________, which section reads as follows: ….” The new section shall then be set out in full as enacted.
(d) 
In lieu of subsection (c) of this section, when the governing authority desires to enact an ordinance of a general and permanent nature embracing a subject not previously existing in the Code, but which the governing authority desires to incorporate into the Code, a provision in substantially the following language may be made a part of the ordinance: “It is the intention of the council, and it is hereby ordained, that the provisions of this ordinance shall become and be made part of the Code of Ordinances, City of Granite Shoals, Texas, and the sections of this ordinance may be renumbered to accomplish that intention.”
(e) 
All sections, divisions, articles, chapters or provisions desired to be repealed must be specifically repealed by section, division, article or chapter number, as the case may be.
(Ordinance 576, sec. 2 adopted 1/14/91)
(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.
(Ordinance 576, sec. 2 adopted 1/14/91)
(a) 
By contract or by municipal personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the city. A supplement to the Code shall include substantive, permanent and general parts of ordinances adopted 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 which have become obsolete or partially obsolete, and the new pages shall be so prepared that when they are inserted, the Code will be current through the date of adoption of the latest ordinance included in the supplement.
(b) 
In preparing a supplement to this Code, all portions of the Code that have been repealed shall be excluded from the Code by omission thereof from reprinted pages.
(c) 
When preparing a supplement to the Code, the codifier (meaning the person, agency, organization or company 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 sections or other subdivision numbers;
(4) 
Change the words “this ordinance” or words 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 the ordinance material included in the supplement or already embodied in the Code.
(Ordinance 576, sec. 2 adopted 1/14/91)
Whenever in this Code or in any city ordinance or in any rule, regulation or order promulgated by any city officer or agency under authority vested in such officer or agency any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, where no specific penalty is provided, the violation of any provision of this Code or of any specific ordinance, regulation, rule or order that governs or regulates fire, safety, zoning, public health or sanitation, including the dumping of refuse, shall be punished by a fine not exceeding $2,000.00. The violation of any other provision of this Code or any other ordinance, rule, regulation or order shall be punished by fine not exceeding $500.00, unless otherwise specifically stated in this Code. If the maximum penalty provided by this Code for any offense is greater than the maximum penalty for such violation provided by state law, the maximum penalty for such violation shall be that accorded under state law. Except where provided otherwise in this Code, each day an offense shall continue shall constitute a separate offense.
(Ordinance 576, sec. 2 adopted 1/14/91)
(a) 
If the maximum allowable fine for an offense does not exceed $500.00, but the definition does not prescribe a culpable mental state, a culpable mental state is not required to prove any such offense.
(b) 
If the maximum allowable fine for an offense exceeds $500.00, but the definition of the offense does not prescribe a culpable mental state, the culpable mental state shall be “recklessly” or “with recklessness.”
(c) 
A person acts recklessly, or is reckless, with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial justifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.
(Ordinance 576, sec. 2 adopted 1/14/91)
The sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional by the valid judgment or decree of a court of competent jurisdiction, the unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code.
(Ordinance 576, sec. 2 adopted 1/14/91)
(a) 
Nothing in this Code at the time of its adoption, or the ordinance adopting this Code, shall affect:
(1) 
Any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of the ordinance adopting this Code;
(2) 
Any ordinance or resolution promising or guaranteeing the payment of money for the city, or authorizing the issuance of any bonds of the city or any evidence of the city’s indebtedness, or any contract or obligations assumed by the city;
(3) 
The administrative ordinances or resolutions of the city not in conflict with the provisions of the Code;
(4) 
Any ordinance or resolution fixing salaries of officers or employees of the city, unless superseded;
(5) 
Any appropriation ordinance or resolution;
(6) 
Any right of franchise granted by the city council to any person, firm or corporation;
(7) 
Any ordinance or resolution dedicating, naming, establishing, locating, relocating, closing, opening, paving, widening, vacating, etc., any street or public way in the city;
(8) 
Any ordinance or resolution establishing and prescribing the street grades of any city streets;
(9) 
Any ordinance or resolution providing for local improvements or assessing taxes therefor;
(10) 
Any ordinance or resolution dedicating or accepting any plat or subdivision in the city, or providing regulations for the same;
(11) 
Any ordinance annexing property to the city;
(12) 
Any ordinances or amendments thereto concerning zoning, subdivisions, or land development;
(13) 
Any ordinance or resolution regulating the erection, alteration, repair, demolition, moving or removal of buildings or other structures;
(14) 
Ordinances or resolutions prescribing traffic regulations for specific locations, prescribing through streets, parking limitations, parking prohibitions, one-way traffic, limitations on loads of vehicles or loading zones, not inconsistent with this Code;
(15) 
Any ordinance or resolution fixing utility rates and charges, or any valid comprehensive fee schedule, and all fees, charges, court costs, and assessments of any type in effect at the time of adoption of this Code;
(16) 
Any ordinance of agreement with another political subdivision;
(17) 
Any ordinance concerning issuance of tax anticipation notes;
(18) 
Any current ordinance concerning personnel benefits, including but not limited to participation in the Texas Municipal Retirement System or the Texas Municipal League Intergovernmental Employee Benefits Pool;
(19) 
Any ordinance in effect which establishes a requirement or procedure to obtain a municipal permit or license to conduct any commercial activity, construct or alter a building or structure, or otherwise obtain municipal permission or sanction as a precondition;
(20) 
Any ordinance in effect at time of adoption of this Code which imposes a tax, establishes an exemption, or creates a tax abatement program;
(21) 
Any ordinance in effect which pertains to regulation of alcoholic beverages, including but not limited to hours of sale and the operation of private clubs;
(22) 
Any ordinance, resolution or order of the governing body accepting the designation by a state or federal entity to administer or enforce state or federal laws, regulations, or orders;
(23) 
Any ordinance establishing historic districts, designating landmarks and establishing criteria, appointing a preservation officer or commission and prescribing duties, and otherwise pertaining to historic preservation, until as later revised or repealed; or
(24) 
Any other ordinance or resolution, or part thereof, which is not of a general and permanent nature (including but not limited to deeds without warranty for city-owned property), or which is referred to elsewhere in this Code as continuing in effect;
(25) 
Any ordinance or resolution creating a committee that is purely advisory in nature;
and all such ordinances and resolutions are hereby recognized as continuing in full force and effect to the same extent as if set out at length in this Code.
(b) 
Such ordinances and resolutions are on file in the city secretary’s office.
(Ordinance 576, sec. 2 adopted 1/14/91)