This article may also be cited as the notice of violation ordinance.
(Ordinance 200894, sec. 2 (1-30), adopted 8/19/08; 2013 Code, sec. 2-255)
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.
(Ordinance 200894, sec. 2 (1-31), adopted 8/19/08; 2013 Code, sec. 2-256)
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 200894, sec. 2 (1-32), adopted 8/19/08; 2013 Code, sec. 2-257)
(a) 
General rules of construction.
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 of Ordinances, shall be given the meanings set forth in this code. Words and phrases not defined in this Code of Ordinances 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). The word “shall” is always mandatory, while the word “may” is merely directory. Headings and captions are for reference purposes only.
(b) 
Specific definitions.
Notice of violation,
when issued in the form set forth in section 2.06.006, shall also be known and treated as a citation and the terminology is merely to distinguish forms issued by peace officers and shall not be afforded any legal distinction.
Person
means any individual, firm, partnership, association, business, corporation or other entity.
(Ordinance 200894, sec. 2 (1-34), adopted 8/19/08; 2013 Code, sec. 2-258)
A citation issued pursuant to this article does not relate to the issuance of a citation by a peace officer pursuant to Texas C.C.P. article 14.06(b) or Texas Transportation Code section 543.003.
(Ordinance 200894, sec. 2 (1-35), adopted 8/19/08; 2013 Code, sec. 2-259)
Pursuant to this article, and the scope of their assigned duties, a notice of violation may be issued by any of the following individuals, or their authorized designees:
(1) 
Health inspector.
(2) 
City inspector.
(3) 
Building inspector or official.
(4) 
Road inspector.
(5) 
Fire marshal.
(6) 
Animal control officer.
(7) 
Fire chief.
(8) 
Code enforcement or code compliance officer.
(9) 
Any other individual authorized to enforce this Code of Ordinances by and through specific authorization or designation.
(Ordinance 200894, sec. 2 (1-35), adopted 8/19/08; 2013 Code, sec. 2-260)
A notice of violation 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;
(5) 
A statement requiring the person receiving the notice of violation to appear at municipal court on or before the appearance date indicated on the notice of violation;
(6) 
A statement of the person’s promise to respond to the citation, pursuant to Texas C.C.P. article 27.14, by the appearance date 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 200894, sec. 2 (1-36), adopted 8/19/08; 2013 Code, sec. 2-261)
(a) 
Notice of violation may be sent certified mail or regular mail consistent with applicable city ordinances and state law for the offense alleged.
(b) 
A notice of violation issued by mail must be in the same form and of the same content as that contained in section 2.06.007 to the extent practicable.
(c) 
No warrant shall be issued for failure to appear for any notice of violation issued under this section unless further judicial action is taken as provided in subsections (d) and (e) of this section.
(d) 
If the notice of violation is by any manner other than personal delivery where a signature is obtained, the court may issue a summons for the person with a copy of the complaint attached ordering the appearance of the person to appear in person, by legal counsel or in a manner authorized by Texas C.C.P. article 27.14.
(e) 
If a defendant fails to appear in response to a summons, a capias warrant may issue consistent with Texas C.C.P. article 23.03.
(Ordinance 200894, sec. 2 (1-38), adopted 8/19/08; 2013 Code, sec. 2-263)
A person issued a notice of violation, as authorized by this article, commits an offense if the person fails to appear or enter a plea pursuant to section 2.06.008 on or before the appearance date indicated on the citation.
(Ordinance 200894, sec. 2 (1-39), adopted 8/19/08; 2013 Code, sec. 2-264)
A person issued a notice of violation, as authorized by this article, commits an offense if the person fails to appear or enter a plea pursuant to section 2.06.008 on or before the appearance date indicated on the summons. Such a person may also be held in contempt, consistent with state law.
(Ordinance 200894, sec. 2 (1-40), adopted 8/19/08; 2013 Code, sec. 2-265)
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 200894, sec. 2 (1-42), adopted 8/19/08; 2013 Code, sec. 2-267)
Any person, upon agreement with the prosecution, and order of the court, may receive deferred disposition on any city code violation.
(Ordinance 200894, sec. 2 (1-43), adopted 8/19/08; 2013 Code, sec. 2-268)
Each violation under this article is a misdemeanor offense punishable upon conviction by a fine in accordance with the general penalty provided in section 1.01.009 of this code.
(Ordinance 200894, sec. 2 (1-44), adopted 8/19/08; 2013 Code, sec. 2-269; Ordinance adopting 2021 Code)
Allegation and evidence of a culpable mental state is not required for the proof of an offense defined by this article.
(Ordinance 200894, sec. 2 (1-45), adopted 8/19/08; 2013 Code, sec. 2-270)