There is hereby adopted the Code of Ordinances of the City of Muenster, Texas, as compiled, edited and published by Franklin Legal Publishing, Inc.
(Ordinance adopting 2017 Code)
The ordinances embraced in this chapter and the following chapters, articles and sections shall constitute and be designated the “Code of Ordinances, City of Muenster, Texas,” and may be so cited.
(Ordinance adopting 1997 Code; 1997 Code, sec. 1-1-1; Ordinance adopting 2017 Code)
The catchlines of the several articles, divisions and sections of this code are intended as mere catchwords to indicate the contents of the article, division or section and shall not be deemed or taken to be titles of such articles, divisions and sections, nor as any part of the articles, divisions and sections, nor, unless expressly so provided, shall they be so deemed when any of such articles, divisions and sections, including the catchlines, are amended or reenacted.
(Ordinance adopting 1997 Code; 1997 Code, sec. 1-3-3; Ordinance adopting 2017 Code)
(a) 
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:
Generally.
Words shall be construed in their common and usual significance unless the contrary is clearly indicated.
Agent.
The word “agent” shall mean a person acting on behalf of another with authority conferred, either expressly or by implication.
City and town.
Each means the City of Muenster, Texas.
City administrator, city manager, city secretary, chief of police or other city officers.
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 Muenster, Texas.
Code.
The word “code” shall mean the Code of Ordinances of the City of Muenster.
Computation of time.
Whenever a notice is required to be given or an act to be done a certain length of time before any proceeding shall be had, 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.
Council.
Whenever the term “council” or “city council” or “the council” is used, it shall mean the city council of the City of Muenster, Texas.
County.
The term “county” or “this county” shall mean the County of Cooke, 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.
Fee.
The word “fee” shall mean a sum of money charged by the city for the carrying on of a business, profession or occupation.
Gender.
A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships, associations and corporations, as well as to males.
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.
License.
The word “license” shall mean the permission granted for the carrying on of a business, profession or occupation.
May.
The word “may” is permissive.
Month.
The word “month” shall mean a calendar month.
Must and shall.
Each is mandatory.
Nuisance.
The word “nuisance” shall mean anything offensive to the sensibilities of reasonable persons or any act or activity creating a hazard which threatens the health and welfare of inhabitants of the city or any activity which, by its perpetuation, can reasonably be said to have a detrimental effect on the property of a person or persons within the community.
Number.
Any word importing the singular number shall include the plural, and any word importing the plural number shall include the singular.
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.”
Occupant.
The word “occupant,” as applied to a building or land, shall include any person who occupies the whole or any part of such building or land, whether alone or with others.
Offense.
The word “offense” shall mean any act forbidden by any provision of this code or the omission of any act required by the provisions of this code.
Official time standard.
Whenever certain hours are named in this code, they shall mean standard time or daylight saving time, as may be in current use in the city.
Operator.
The word “operator” shall mean the person who is in charge of any operation, business or profession.
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” shall extend and be applied to associations, corporations, firms, partnerships, organizations, business trusts, estates, trusts, and bodies politic and corporate, as well as to individuals.
Personal property.
The term “personal property” shall include every description of money, goods, chattels, effects, evidence of rights in action and all written instruments by which any pecuniary obligation, right or title to property is created, acknowledged, transferred, increased, defeated, discharged or diminished and every right or interest therein.
Preceding, following.
The terms “preceding” and “following” mean next before and next after, respectively.
Property.
The word “property” shall mean and include real and personal property.
Real property.
The term “real property” shall mean and include lands, tenements and hereditaments.
Retailer.
The word “retailer,” unless otherwise specifically defined, shall be understood to relate to the sale of goods, merchandise, articles or things direct to the consumer.
Right-of-way.
The term “right-of-way” shall mean the privilege of the immediate use of the roadway or other property.
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.
Signature or subscription.
A signature or subscription shall include a mark when a person cannot write.
State.
The term “the state” or “this state” shall be construed to mean the State of Texas.
Street.
The word “street” shall have its commonly accepted meaning and shall include highways, sidewalks, alleys, avenues, recessed parking areas and other public rights-of-way, including the entire right-of-way.
Tenant.
The word “tenant,” as applied to a building or land, shall include any person who occupies the whole or any part of such building or land, whether alone or with others.
Tense.
Words used in the past or present tense include the future, as well as the past and present.
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.
Wholesaler.
The terms “wholesaler” and “wholesale dealer,” unless otherwise specifically defined, shall be understood to relate to the sale of goods, merchandise, articles or things to persons who purchase for the purpose of resale.
Written or in writing.
The term “written” or “in writing” shall be construed to include any representation of words, letters, or figures, whether by printing or otherwise.
Year.
The word “year” shall mean a calendar year.
(b) 
The word “ordinance” contained in the ordinances of the city has been changed in the content of this city code to “chapter,” “article,” “division,” “section” and/or “subsection” or words of like import for organizational and clarification purposes only. Such change to the city’s ordinances is not meant to amend passage and effective dates of such original ordinances.
(Ordinance adopting 1997 Code; 1997 Code, secs. 1-3-1, 1-3-2; Ordinance adopting 2017 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.
(Ordinance adopting 1997 Code; 1997 Code, sec. 1-2-4; Ordinance adopting 2017 Code)
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 2017 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.
(Ordinance adopting 1997 Code; 1997 Code, sec. 1-1-3; Ordinance adopting 2017 Code)
(a) 
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.
(b) 
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:
(1) 
Organize the ordinance material into appropriate subdivisions;
(2) 
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;
(3) 
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;
(4) 
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.
(Ordinance adopting 2017 Code)
(a) 
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).
(b) 
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) 
A person convicted of an offense under title 7, subtitle C, Transportation Code (the Uniform Act Regulating Traffic on Highways) for which another penalty is not provided shall be punished by a fine of not less than one dollar ($1.00) or more than two hundred dollars ($200.00) plus such other penalties and costs as may be provided by such subtitle C.
(d) 
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.
(e) 
No penalty shall be greater or less than the penalty provided for the same or a similar offense under the laws of the state.
(f) 
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.
(g) 
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.
(Ordinance adopting 1997 Code; 1997 Code, sec. 1-4-1(A); Ordinance adopting 2017 Code)
Any person who shall aid, abet or assist in the violation of any provision of this code or any other ordinance shall be deemed guilty of a misdemeanor, and upon conviction shall be punished as provided in section 1.01.009.
(Ordinance adopting 1997 Code; 1997 Code, sec. 1-4-1(B))
(a) 
The penalty provided in this article shall be applicable to every section of this city code, the same as though it were a part of each and every separate section.
(b) 
In all cases where the same offense is made punishable or is created by different clauses or sections of this city code, the prosecuting officer may elect under which to proceed, but not more than one recovery shall be had against the same person for the same offense; provided that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced.
(c) 
Whenever the doing of any act or the omission to do any act constitutes a breach of any section or provision of this city code and there shall be no fine or penalty specifically declared for such breach, the provisions of this article shall apply.
(Ordinance adopting 1997 Code; 1997 Code, sec. 1-4-2)
No provision of this city code designating the duties of any officer or employee shall be so construed as to make such officer or employee liable for any fine or penalty provided for a failure to perform such duty unless the intention of the city council is to impose such fine or penalty on such officer or employee is specifically expressed in the section creating the duty.
(Ordinance adopting 1997 Code; 1997 Code, sec. 1-4-3; Ordinance adopting 2017 Code)
Any reference to the number of any section contained herein shall be understood to refer to the provisions of the same number, its appropriate chapter heading and the general penalty clause relating thereto, as well as to the section itself, when reference is made to this city code by title in any legal documents.
(Ordinance adopting 1997 Code; 1997 Code, sec. 1-1-1; Ordinance adopting 2017 Code)
The city code, as hereby presented in printed form, shall hereafter be received without further proof in all courts and in administrative tribunals of this state as the ordinances of the city of general and permanent effect, except the excluded ordinances enumerated in section 1.01.016(a) of this article.
(Ordinance adopting 1997 Code; 1997 Code, sec. 1-1-2)
It shall be deemed unlawful for any person to alter, change, replace or deface in any way any section or any page of this city code in such a manner that the meaning of any phrase or order may be changed or omitted. Replacement pages may be inserted according to the official instructions when so authorized by the city council. The city secretary shall see that the replacement pages are properly inserted in the official copies maintained in the office of the secretary. Any person having in his custody a copy of the city code shall make every effort to maintain said code current as to the most recent ordinances passed. He shall see to the immediate insertion of new or replacement pages when such are delivered to him or made available to him through the office of the city secretary. Said code books, while in actual possession of officials and other interested persons, shall be and remain the property of the city and shall be returned to the office of the city secretary when directed to do so by order of the city council.
(Ordinance adopting 1997 Code; 1997 Code, sec. 1-1-4; Ordinance adopting 2017 Code)
(a) 
All general ordinances of the city passed prior to the adoption of this city code are hereby repealed, except such as are included in this city code or are by necessary implication herein reserved from repeal (subject to the saving clauses contained in this article), and excluding the following ordinances, which are not hereby repealed: tax levy ordinances; appropriation ordinances; ordinances relating to boundaries and annexations; franchise ordinances and other ordinances granting special rights to persons or corporations; contract ordinances and ordinances authorizing the execution of a contract or the issuance of warrants; salary ordinances; ordinances establishing, naming or vacating streets, alleys or other public places; improvement ordinances; bond ordinances; ordinances relating to elections; ordinances relating to the transfer or acceptance of real estate by or from the city; ordinances pertaining to paving and curbing lien assessments; and all special ordinances.
(b) 
No ordinance relating to railroad crossings with streets and other public ways, or relating to the conduct, duties, service or rates of public utilities, shall be repealed by virtue of the adoption of this city code or by virtue of subsection (a) of this section, excepting as the city code may contain provisions for such matters, in which case this city code shall be considered as amending such ordinance or ordinances in respect to such provisions only.
(Ordinance adopting 1997 Code; 1997 Code, secs. 1-2-1, 1-2-2)
(a) 
Effect on prior acts.
No new ordinance shall be construed or held to repeal a former ordinance whether such former ordinance is expressly repealed or not, as to any offense committed against such former ordinance or as to any act done, any penalty, forfeiture or punishment so incurred, or any right accrued or claim arising under the former ordinance, or in any way whatever to affect any such offense or act so committed or so done, or any penalty, forfeiture or punishment so incurred or any right accrued or claim arising before the new ordinance takes effect, save only that the proceedings thereafter shall conform to the ordinance in force at the time of such proceeding, so far as practicable. If any penalty, forfeiture or punishment may be mitigated by any provision of a new ordinance, such provision may be, by consent of the party affected, applied to any judgment announced after the new ordinance takes effect.
(b) 
Scope.
This section shall extend to all repeals, either by express words or implication, whether the repeal is in the ordinance making any new provisions upon the same subject or in any other ordinance.
(c) 
Continuing provisions.
Nothing contained in this article shall be construed as abating any action now pending under or by virtue of any general ordinance of the city herein repealed, and the provisions of all general ordinances contained in this code shall be deemed to be continuing provisions and not a new enactment of the same provisions; nor shall this article be deemed as discontinuing, abating, modifying or altering any penalty accrued or to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the city under any ordinance or provision thereof in force at the time of the adoption of this city code.
(Ordinance adopting 1997 Code; 1997 Code, sec. 1-2-3)