Citation.
An ordinance violation notice and notice to appear before
the city municipal court, as provided for in this article.
Person.
Any individual, association, firm, corporation, governmental
agency, political subdivision, or legal entity of any kind.
(Ordinance 487, sec. 1, adopted 6/16/08)
A citation issued pursuant to this article does not relate to
the authority of a peace officer to issue a citation pursuant to article
14.06(d) of the Texas Code of Criminal Procedure or section 543.003
of the Texas Transportation Code.
(Ordinance 487, sec. 2.1, adopted 6/16/08)
Pursuant to this article and the scope of their assigned duties,
a citation may be issued by the following individuals so designated
by the city council:
(1) Code
enforcement officer(s).
(2) Animal
control officer(s).
(Ordinance 487, sec. 2.2, adopted 6/16/08)
A citation issued under this article must be in a form approved
by the municipal court clerk that includes the following information:
(1) The
name, address, date of birth, and/or driver’s license number,
physical description, and telephone number of the person cited;
(2) The
offense for which the person is charged;
(3) The
date and location of the offense;
(4) A
deadline to contact the municipal court;
(5) A
statement requiring the person receiving the citation to appear at
municipal court on or before the deadline indicated on the citation;
(6) A
statement of the person’s promise to respond to the citation,
pursuant to article 27.14 of the Texas Code of Criminal Procedure,
by the deadline indicated on the citation, including a place for the
person cited to provide the person’s signature; and
(7) The
signature of the person issuing the citation.
(Ordinance 487, sec. 2.3, adopted 6/16/08)
All pleas arising from the issuance of a citation under this
article shall be made pursuant to article 27.14 of the Code of Criminal
Procedure.
(Ordinance 487, sec. 2.4, adopted 6/16/08)
(a) Violation of promise to appear.
A person issued a citation as authorized by this article commits an offense if the person fails to appear or enter a plea pursuant to section
1.12.005 on or before the deadline to appear indicated on the citation as authorized by section 38.10 of the Texas Penal Code.
(b) Interference with or obstruction of issuance.
A person
commits an offense if the person interferes with or obstructs the
issuance of a citation under this article.
(c) Providing false or fictitious name.
A person commits
an offense if the person gives a false or fictitious name, address,
or other information to an individual authorized to issue a citation
under this article.
(d) Penalty.
Each violation under this section is a misdemeanor
offense punishable upon conviction by a fine not to exceed two thousand
dollars ($2,000.00) per offense. Each day shall constitute a separate
offense.
(Ordinance 487, sec. 3, adopted 6/16/08)