This article shall be cited as the code enforcement citation
issuance ordinance.
(Ordinance 1127 adopted 6/4/13; 2004 Code, sec. 8.701)
This article provides procedural and substantive rules relating
to the issuance of citations by non-peace officers to defendants accused
of violating criminal ordinances of the city. The mandates and process
established by this article are specifically designed to achieve the
effective and efficient administration of the city’s code enforcement
program through the improved operation of the city’s municipal
court.
(Ordinance 1127 adopted 6/4/13; 2004 Code, sec. 8.702)
This article applies to the issuance of citations alleging criminal
violations within the jurisdiction of the municipal court. The procedures
of this article apply only to offenses alleged to occur on or after
the date of enactment.
(Ordinance 1127 adopted 6/4/13; 2004 Code, sec. 8.703)
(a)
General rules.
Words and phrases used in this article
shall have the meanings set forth in this section. Terms that are
not defined below, but are defined elsewhere in this code, shall be
given the meanings set forth in the code. Words and phrases not defined
in this code shall be given their common, ordinary meaning unless
the context clearly requires otherwise. When not inconsistent with
the context, words used in the present tense shall include the future
tense, words in the plural number shall include the singular number
(and vice versa), and words in the masculine gender shall include
the feminine gender (and vice versa). The word “shall”
is always mandatory, while the word “may” is merely directory.
Headings and captions are for reference purposes only.
(Ordinance 1127 adopted 6/4/13; 2004 Code, sec. 8.704)
(a)
A
citation issued pursuant to this article does not relate to the issuance
of a citation by a peace officer pursuant to article 14.06(d) of the
Code of Criminal Procedure or section 543.003 of the Transportation
Code.
(b)
In
lieu of issuing a citation pursuant to this article, notice of an
alleged city ordinance violation may be made by service of a summons
pursuant to article 23.04 of the Code of Criminal Procedure.
(c)
An
allegation of a city ordinance violation by a corporation or association
shall be made pursuant to chapter 17A of the Code of Criminal Procedure.
(Ordinance 1127 adopted 6/4/13; 2004 Code, sec. 8.705)
Pursuant to this article, and the scope of their assigned duties,
a citation may be issued to a person by any of the following individuals
so designated by the city council:
(1)
Environmental
health inspector.
(2)
City
inspector.
(3)
OSSF
inspector.
(4)
Code
enforcement official or code enforcement officer.
(5)
Building
official.
(Ordinance 1127 adopted 6/4/13; 2004 Code, sec. 8.706)
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, or driver’s license number and
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)
An
appearance date, which must be at least 10 business days from the
date the citation is issued;
(5)
A
statement requiring the person receiving the citation to appear at
municipal court on or before the appearance date indicated on the
citation;
(6)
A
statement of the person’s promise to respond to the citation,
pursuant to article 27.14 of the Code of Criminal Procedure, by the
appearance date indicated on the citation, including a place for the
person cited to provide the person’s signature.
(Ordinance 1127 adopted 6/4/13; 2004 Code, sec. 8.707)
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 1127 adopted 6/4/13; 2004 Code, sec. 8.708)
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 1.08.008 on or before the appearance date indicated on the citation.
(Ordinance 1127 adopted 6/4/13; 2004 Code, sec. 8.709)
A person commits an offense if the person interferes with or
obstructs the issuance of a citation under this article.
(Ordinance 1127 adopted 6/4/13; 2004 Code, sec. 8.710)
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.
(Ordinance 1127 adopted 6/4/13; 2004 Code, sec. 8.711)
Each violation under this article is a misdemeanor offense punishable upon conviction by a fine in an amount in accordance with the general penalty provided in section 1.01.009 of this code per offense.
(Ordinance 1127 adopted 6/4/13; 2004 Code, sec. 8.712; Ordinance adopting 2019 Code)
