ARTICLE 1.01 CODE OF ORDINANCES

Construction using state law.

Unless otherwise expressed or by law or implication required, the same rules of construction, definitions, and application shall govern the construction of this code as those governing the construction of state law.

Rules not exclusive.

The rules provided in this section are not exclusive, but are meant to describe and clarify common situations to guide the preparation and construction of this code.

(c)

Common and technical usage of words.

Unless specifically defined in this code:

The words and phrases in this code shall be read in context and constructed according to the rules of grammar and common usage; and

City administrator, city manager, city secretary, chief of police or other city officers.

The words and phrases in this code that have acquired a technical or particular meaning, whether by council definition or otherwise, shall be construed accordingly.

(d)

Definitions.

In the construction of this code and of all ordinances and resolutions passed by the city council, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the city council:

Acts by assistant.

When a statute or ordinance requires an act to be done that, by law, an agent or deputy may do as the principal, such requirement shall be satisfied by the performance of the act by an authorized agent or deputy.

Chapter.

Whenever the words “this ordinance,” “chapter,” “article,” “division,” “section,” “subsection,” “provision,” or “paragraph” are used, they shall pertain to the chapter, article, division or section of this Code of Ordinances in which they are found unless they are used specifically and clearly in reference to a separate chapter, subchapter, or section.

City and town.

Each means the City of Jonestown, Texas.

City council.

Whenever the words “city council,” “the council,” or “governing body” are used, they shall mean the city council of Jonestown, Texas.

The term “city administrator,” “city manager,” “city secretary,” “chief of police” or other city officer or department shall be construed to mean the city administrator, city manager, city secretary, chief of police or such other municipal officer or department, respectively, of the City of Jonestown, Texas.

Code or this code.

The term “code” or “this code” means the Code of Ordinances of the City of Jonestown as designated in section 1.01.002.

Consulting and professional fees.

The term “consulting and professional fees” means any and all experts that the city deems necessary to carry out the city’s functions in considering an application for a permit, variance, or any other request for approval by an applicant. Such experts may include, without limitation, engineers, attorneys, accountants or auditors, sanitarians, hydrologists, and arborists to collect data, examine plans and specifications, present evidence, and advise and represent the city with respect to the application. The applicant shall pay the city the reasonable cost of such services, along with all other reasonable costs attributable to processing the application.

Containers or solid waste containers.

The term “containers” or “solid waste containers” means city-approved metal, heavy-duty paper, or plastic receptacles used for the disposal and storage of solid waste.

County.

The term “county” or “this county” means the County of Travis, Texas.

Delegation of authority.

Whenever a provision of this Code of Ordinances requires or authorizes an officer or employee of the city to do some act or perform some duty, it shall be construed to authorize such officer or employee to designate, delegate and authorize subordinates to perform the act or duty unless the terms of the provision specifically designate otherwise.

Extraterritorial jurisdiction.

The term “extraterritorial jurisdiction” means the city’s jurisdiction over areas not within the city as authorized by chapter 42 of the Texas Local Government Code.

Filing fees.

The term “filing fees” means any filing fees, including postage, that the city incurs in processing any applications or requests for city services or actions, including, without limitation, filing subdivision plats, filing tax abatement information with appropriate authorities, etc.

Fireworks.

The word “fireworks” means any combustible or explosive composition, or any substance or combination of substances or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and includes, but is not limited to, blank cartridges, toy pistols, toy cannons, toy canes, or toy guns in which any such explosives are used, unmanned balloons which require fire underneath to propel the same, firecrackers, lady fingers, torpedoes, skyrockets, Roman candles, dago bombs, sparklers, or other devices containing any such explosive substance.

Garbage.

The word “garbage” means all decayable waste from public and private establishments, including, but not limited to, vegetable and animal matter, fish offal, and animal and fish carcasses. The term does not include sewage, body waste, and industrial byproducts.

Includes and including.

“Includes” and “including” are terms of enlargement and not of limitation or exclusive enumeration, and use of the terms does not create a presumption that components not expressed are excluded.

In the city.

The term “in the city” means all territory over which the city now has, or shall hereafter obtain, jurisdiction for the exercise of its police, regulatory, and other powers.

Joint authority.

Words purporting to give authority to three (3) 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.

May.

The word “may” is permissive.

Month.

The word “month” shall mean a calendar month, unless otherwise expressed.

Must and shall.

Each is mandatory.

Oath.

The word “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 words “swear” and “sworn” shall be equivalent to the words “affirm” and “affirmed.”

Official time.

The official time, as established by applicable state and federal law, shall be the official time for the transaction of all municipal business.

Or, and.

The word “or” may be read “and,” and the word “and” may be read “or,” as the sense requires it.

Owner.

The word “owner,” 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.

Person.

The word “person” includes any person, firm, corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, association of persons, owner, agent, receiver, and any other legal entity.

Personal property.

The term “personal property” means every type of property except real property as defined in this section.

Preceding, following.

The terms “preceding” and “following” mean next before and next after, respectively.

Private property.

The term “private property” means real and personal property owned by persons, including but not limited to structures, yards, grounds, driveways, entranceways, passageways, parking areas, working areas, storage areas, vacant lots, and recreation facilities.

Property.

The term “property” means real and personal property.

Public place.

Whenever the word “public place” is used, unless otherwise specifically defined, it shall mean any public road, street, alley, park, building, or other property of the city or any other places to which people commonly resort for the purpose of business, recreation or amusement.

Public property.

The term “public property” means property of any federal, state, or local government or agency, including, without limitation, structures, streets, street medians, roads, road medians, catchbasins, sidewalks, strips between streets and sidewalks, lanes, alleys, public rights-of-way, public parking lots, school grounds, municipal vacant lots, and municipal waterways.

Real property.

The term “real property” means land, tenements, and hereditaments.

Reasonable time.

In all cases where an ordinance or provision of this code requires an act to be done in a reasonable time or requires reasonable notice to be given, reasonable time or notice shall be deemed to mean the time that is necessary for a prompt performance of the act or the giving of the notice. (Also see “Official time” in this section.)

Refuse.

The word “refuse” means garbage, rubbish, and other decayable and nondecayable waste, including, but not limited to, vegetable matter and animal and fish carcasses. The term does not include sewage from a public or private establishment or residence. The term does include refuse such as boulders, rocks, trees, bushes, limbs, and grass resulting from lot clearing or other such activity.

Rubbish.

The word “rubbish” means all nondecayable wastes, except ashes, from a public or private establishment or residence.

Rule.

The term “rule” includes regulation.

Sidewalk.

The word “sidewalk” shall mean that portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.

Signed.

The word “signed” includes any symbol executed or adopted by a person with present intention to authenticate a writing.

State.

The term “the state” or “this state” shall be construed to mean the State of Texas.

Street or roadway.

The term “street” or “roadway” includes any highway, alley, street, avenue, or public place or square, bridge, viaduct, underpass, overpass, tunnel, or causeway in the city, dedicated or devoted to public use.

Trash.

The word “trash” means rubbish such as feathers, coffee grounds, ashes, tin cans, paper, boxes, glass, grass, shrubs, yard cleanings, yard clippings, leaves, tree trimmings, and similar matter.

V.T.C.S., V.T.P.C., V.T.C.C.P., V.T.C.A.

Such abbreviations refer to the divisions of Vernon’s Texas Statutes Annotated.

Week.

The term “week” means seven consecutive days.

Written or in writing.

The term “written” or “in writing” means any representation of words, letters, or figures, whether by printing or otherwise.

Year.

The word “year” means a calendar year, unless otherwise expressed.

(e)

Tense, number, and gender.

Words in the present tense include the future tense.

The singular includes the plural and the plural includes the singular.

Words of one gender include the other genders.

(f)

References to chapters, sections or subsections; historical references, state law references and cross references.

In this code:

A reference to a chapter or section without further identification is a reference to a chapter or section of the code.

A reference to a subsection other numbered or lettered unit without further identification is a reference to a unit of the next larger unit of the code in which the reference appears.

Historical references to passed ordinances, state law references, and cross references are not part of this code.

(g)

Computation of time.

In computing a period of days, the first day is excluded and the last day is included.

If the last day of any period is a Saturday, Sunday, or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday, or legal holiday.

If a number of months is to be computed by counting the months from a particular day, the period ends on the same numerical day in the concluding month as the day of the month from which the computation is begun, unless there are not that many days in the concluding month, in which case the period ends on the last day of that month.

(h)

Reference to a series.

If a provision refers to a series of numbers or letters, the first and last numbers or letters are included.

(i)

Intention in enactment of code and ordinances.

In enacting this code and any ordinance, it is presumed that:

Compliance with the constitutions of this state and United States is intended;

The entire code or ordinance is intended to be effective;

A just and reasonable result is intended;

§ 1.01.005 Severability of parts of code; severability of ordinances.

A result feasible of execution is intended; and

(5)

Public interest is favored over any private interest.

(j)

References to provisions include reenactments, revisions or amendments.

Unless expressly provided otherwise, a reference to any portion of a statute, provision, or rule applies to all reenactments, revisions, or amendments of the statute, provision of this code, or rule.

(1995 Code, secs. 1.020, 1.021; Ordinance adopting Code)

Severability of parts of code.

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 of 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 the code of any such unconstitutional phrase, clause, sentence, paragraph or section.

Severability of ordinances.

If any ordinance contains a provision for severability, that provision prevails in interpreting that ordinance.

If any ordinance contains a provision for nonseverability, that provision prevails in interpreting that ordinance.

§ 1.01.007 Amendments or additions to code.

If any provision of an ordinance that does not contain a provision for severability or nonseverability, or its application to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this end the provisions of the ordinance are severable.

(1995 Code, sec. 1.030; Ordinance adopting Code; 1995 Code, sec. 1.031)

§ 1.01.006 Repeal of ordinances.

The repeal of an ordinance or any portion thereof shall not repeal the repealing clause of an ordinance or revive any ordinance which has been previously repealed.

(Ordinance adopting Code)

All ordinances of a general and permanent nature, and amendments to such ordinances, hereafter enacted or presented to the city council for enactment, shall be drafted, so far as possible, as specific amendments of, or additions to, the Code of Ordinances. Amendments to this code shall be made by reference to the chapter and section of the code which is to be amended, and additions shall bear an appropriate designation of chapter, article and section; provided, however, the failure to do so shall in no way affect the validity or enforceability of such ordinances.

(1995 Code, sec. 1.005; Ordinance adopting Code)

§ 1.01.008 Supplementation of code.

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 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 that 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.

In preparing a supplement to this code, all portions of the code which have been repealed shall be excluded from the code by 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:

Organize the ordinance material into appropriate subdivisions;

Provide appropriate catchlines, headings and titles for articles, sections and other subdivisions of the code printed in the supplement and make changes in such catchlines, headings and titles;

Assign appropriate numbers to articles, sections and other subdivisions to be inserted in the code and, where necessary to accommodate new material, change existing article or section or other subdivision numbers;

§ 1.01.009 General penalty for violations of code; continuing violations.

Change the words “this ordinance” or words of the same meaning to “this chapter,” “this article,” “this section,” “this subsection,” etc., as the case may be; and

(5)

Make other nonsubstantive changes necessary to preserve the original meaning of ordinance material 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.

(1995 Code, sec. 1.006; Ordinance adopting Code)

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 this code or such 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 a fine of not exceeding five hundred dollars ($500.00).

A fine or penalty for the violation of a rule, ordinance or police regulation that governs fire safety, zoning or public health and sanitation, including the dumping of refuse, may not exceed two thousand dollars ($2,000.00).

(c)

Unless otherwise specifically stated in this code, any violation of this code or of any ordinance that is punishable by a fine that does not exceed five hundred dollars ($500.00) does not require a culpable mental state, and a culpable mental state is hereby not required to prove any such offense. Unless otherwise specifically stated in this code, any violation of this code or of any ordinance that is punishable by a fine that exceeds five hundred dollars ($500.00) shall require a culpable mental state.

(d)

No penalty shall be greater or less than the penalty provided for the same or a similar offense under the laws of the state.

(e)

Unless otherwise stated in this code or in any ordinance, each day any violation of this code or of any ordinance shall continue shall constitute a separate offense.

(f)

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. In addition to the penalty prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits.

(g)

Prima facie evidence of responsibility for violation.

Parking violations.

In any prosecution charging a violation of an ordinance governing the stopping, standing or parking of a vehicle, proof that the particular vehicle described in the complaint was parked in violation of the ordinance, together with proof that the defendant named in the complaint was, at the time of such parking, the registered owner of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of such vehicle was the person who parked or placed such vehicle at the point where, and for the time during which, such violation occurred.

Violations of ordinances regulating property.

In any prosecution charging a violation regarding nuisances upon a property, the failure to comply with any notice or order regarding a nuisance on a property or building in violation of an ordinance of the city, including but not limited to failure to apply for a building permit or other permit or license required herein, proof that the particular property described in the complaint was in violation of an ordinance regulating the property, together with proof that the defendant named in the complaint was, at the time of such notice, violation or order or at the time when work was performed without a permit, the registered owner of such property, shall constitute in evidence a prima facie presumption that the registered owner of such property was the person who failed to comply with the notice or order or failed to apply for a permit for the time during which such violation occurred in violation of the charged ordinance of the city.

Violations regarding animals.

In any prosecution charging a violation of an ordinance or statute regulating or governing the abuse, neglect or ownership of an animal or failure to license an animal as required, proof that the particular property described in the complaint was the premises upon which the animal resided, was harbored or maintained and a violation of an ordinance or statute regulating or governing the animal alleged in the complaint together with proof that the defendant named in the complaint was, at the time of such complaint or at the time when the animal was in violation of said ordinance or statute, the registered owner of such animal or the person with legal rights to reside on said property, shall constitute in evidence a prima facie presumption that the registered owner of such property or the person with legal rights to reside on said property was the owner of the animal and the person who failed to comply with or violated the ordinance or statute.

(1995 Code, sec. 24.011; Ordinance adopting Code)

§ 1.01.010 Special penalties.

The penalty for a violation of the animal control regulations in this code shall be determined in accordance with this section as follows:

For a first offense, the penalty for a violation of any provision of the animal control regulations shall not be less than $1.00 and shall not exceed $100.00;

For a second offense, the penalty for a violation of any provision of the animal control regulations shall not be less than $101.00 and shall not exceed $250.00;

For a third offense and for each and every offense thereafter, the penalty for a violation of any provision of the animal control regulations shall not be less than $251.00 and shall not exceed $500.00.

§ 1.01.011 Applicability to future ordinances.

Violations of animal control regulations requiring animals to be registered with the city and vaccinated against rabies may be dismissed by the prosecutor if the violation is remedied within the time required by the prosecutor, provided that the animal has not attacked a person or another animal or has not otherwise been declared dangerous.

(Ordinance 2009-O-377, sec. 3, adopted 8/13/09)

All provisions of this chapter shall apply to ordinances amending or supplementing this code unless otherwise specifically provided.

(1995 Code, sec. 1.002; Ordinance 2009-O-377, sec. 2, adopted 8/13/09)

§ 1.01.012 Savings provisions.

Except as provided by subsection (b), the reenactment, revision, amendment, or repeal of any provision of this code or any provision of any ordinance does not affect:

The prior operation of the provision or any prior action taken under it;

Any validation, cure, right, privilege, obligation, or liability previously acquired, accrued, accorded, or incurred under it;

Any violation of the provision or any penalty, forfeiture, or punishment incurred under the provision before its amendment or repeal; or

Any investigation, proceeding, or remedy concerning any privilege, obligation, liability, penalty, forfeiture, or punishment; and the investigation, proceeding, or remedy may be instituted, continued, or enforcement, and the penalty, forfeiture, or punishment imposed, as if the provision had not been repealed or amended.