(a)
Citation
Designated officers and employees
Penal ordinance
Definitions.
The following words, terms, and phrases,
when used in this section, shall have the meanings ascribed to them
in this subsection, except where the context clearly indicates a different
meaning:
means the notice of the charge, notice to appear and written
promise to appear in court, which shall be issued by the designated
officers and employees of the city to any person that said officer
or employee has reasonable cause to believe has violated a penal ordinance
of the city.
means those officers and employees of the city who shall
be from time to time designated by ordinance of the city commission
as having authority to issue citations. Initially, the designated
officers and employees shall be officers and employees of the fire
department, health department, public works department and building
department. The designated officers and employees shall be as follows:
means an ordinance of the city which is regulatory in nature,
including, but not limited to, the building code, fire code, health
and safety code and ordinances regarding trash, weeds and junked vehicles,
and which provides for a fine or penalty for violation thereof.
Nothing contained herein shall authorize or be construed
so as to authorize the issuance of citations for traffic violations
or other criminal violations normally issued by city police officers.
(b)
Citations.
(1)
Designated officers and employees of the city who have the discretionary
duty to enforce a state statute or penal ordinance of the city, subject
to the provisions hereof, and subject to the provisions of the United
States Constitution, the state constitution and other applicable state
and federal laws, rules and regulations, may issue citations to any
person whenever any such officer or employee has reasonable cause
to believe that the person to be cited has violated any state statute
or penal ordinance of the city, which such officer or employee has
the discretionary duty to enforce. In such event, the designated officer
or employee is hereby given the discretionary authority to issue a
citation to the apparent or alleged violator. The citation shall contain
a statement of the charge against such person believed to be in violation
of a state statute or penal ordinance of the city, together with a
notice to appear in court and a written promise to appear in court
as provided by V.T.C.A., Transportation Code section 543.005.
(2)
No officer or employee shall be authorized or allowed by any superior
to exercise the arrest and citation authority herein conferred unless
such officer or employee is within the classification of officers
or employees designated by the city commission, by ordinance, to exercise
such arrest and citation authority as to specified misdemeanor violations.
(3)
The city manager shall establish and cause to be administered a special
enforcement policy designed to instruct each designated officer or
employee who will exercise such citation authority regarding the provisions
of the state statutes and penal ordinances to be enforced, the evidentiary
prerequisites to proper prosecution thereof, and the appropriate procedures
for issuing citations and the legal and practical ramifications and
limitations attendant thereto. The designated officers and employees
shall be appropriately instructed to deposit executed citations with
the city municipal court for filing after review for legal sufficiency.
The special enforcement policy is a guideline and is not intended
to be all-inclusive. All designated officers and employees are expected
to comply at all times with the United States Constitution and the
state constitution regarding due process of law and equal protection
under the law. Neither the city, the city commission nor the city
manager shall authorize or be liable for violations of any individual’s
constitutional rights or protections. Nothing contained herein shall
prevent any officer or employee of the city from exercising any authority
granted by federal or state statute.
(4)
Any person refusing to sign the promise to appear shall be guilty of a separate offense, being a class C misdemeanor, and upon conviction thereof shall be fined in accordance with the general penalty provided in section 1.01.009 of this code. Refusal to sign shall be duly noted on the citation.
(5)
Nothing contained herein shall be construed as a directive of the
city, the city commission or the city manager to any designated officer
or employee that any state statute or penal ordinance should not be
enforced. The designated officer or employee shall have the discretionary
authority to issue citations in accordance with state and federal
law and the United States Constitution and state constitution.
(c)
Police powers.
The designated officers and employees,
herein appointed or hereafter appointed, shall have the powers of
a peace officer in issuing citations under the terms of this section
insofar as such is allowed by law.
(d)
Authority.
This section authorizes the issuance of citations
for violations or alleged or apparent violations of any penal ordinance
of the city, as well as any state statute. Designated officers or
employees shall issue such citations as may be necessary for the enforcement
of such statutes or penal ordinances.
(Ordinance 970 adopted 4/21/03; Ordinance 1010 adopted 11/7/05; 2008 Code,
sec. 1-14; Ordinance adopting 2020 Code)
