This codification of ordinances by and for the City of Ivanhoe,
Texas, shall be designated as the Code of Ivanhoe and may be so cited.
(Ordinance 2011-27(f) adopted 11/12/15)
In interpreting and applying the provisions of this code of
ordinances, they shall be held to the minimum requirements for the
promotion of the public safety, health, convenience, comfort, prosperity,
or general welfare. It is not intended by this code to interfere with,
abrogate, or annul any easements, covenants, or other agreements between
parties; provided, however, that where this code imposes a greater
restriction upon the use of buildings or premises or upon height of
buildings, or requires larger open spaces than are imposed or required
by agreements, the provisions of this code shall govern.
(Ordinance 2011-27(f) adopted 11/12/15)
All provisions of Title I compatible with future legislation
shall apply to ordinances hereafter adopted amending or supplementing
this code unless otherwise specifically provided.
(Ordinance 2011-27(f) adopted 11/12/15)
Headings and captions used in this code, other than the title,
chapter, and section numbers, are employed for reference purposes
only and shall not be deemed a part of the text of any section.
(Ordinance 2011-27(f) adopted 11/12/15)
(A) General
rule.
Words and phrases shall be taken in their plain
or ordinary and usual sense; however, technical words and phrases
having a peculiar and appropriate meaning in law shall be understood
according to their technical import.
(B) Definitions.
For the purpose of this code, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
COUNCIL.
The City Council of Ivanhoe, Texas.
MAY.
The act referred to is permissive.
OATH.
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.
PERSON.
(a)
Extends to and includes person, persons, firm, corporation,
copartnership, trustee, lessee, or receiver.
(b)
Whenever used in any clause prescribing and imposing a penalty,
the terms PERSON or WHOEVER as applied to any unincorporated entity
shall mean the partners or members thereof, and as applied to corporations,
the officers or agents thereof.
SHALL.
The act referred to is mandatory.
SUBCHAPTER.
(a)
A division of a chapter, designated in this code by a heading
in the chapter analysis and a capitalized heading in the body of the
chapter, setting apart a group of sections related by the subject
matter of the heading.
(b)
Not all chapters have SUBCHAPTERS.
WRITTEN.
Any representation of words, letters, or figures, whether
by printing or otherwise.
YEAR.
A calendar year, unless otherwise expressed.
(Ordinance 2011-27(f) adopted 11/12/15)
The construction of all ordinances of this municipality shall
be by the following rules, unless that construction is plainly repugnant
to the intent of the legislative body or of the context of the same
ordinance.
(A) AND
or OR.
Either conjunction shall include the other as
if written “and/or”, if the sense requires it.
(B) Acts
by assistants.
When a statute or ordinance requires an
act to be done which, by law, an agent or deputy as well may do as
the principal, the requisition shall be satisfied by the performance
of the act by an authorized agent or deputy.
(C) Gender;
singular and plural; tenses.
Words denoting the masculine
gender shall be deemed to include the feminine and neuter genders;
words in the singular shall include the plural, and words in the plural
shall include the singular; the use of a verb in the present tense
shall include the future, if applicable.
(D) General
term.
A general term following specific enumeration of
terms is not to be limited to the class enumerated unless expressly
so limited.
(Ordinance 2011-27(f) adopted 11/12/15)
If any chapter, subchapter, section, clause, phrase, or provision
of this code shall be adjudged invalid or held unconstitutional, the
same shall not affect the validity of this code as a whole or any
part, or provision thereof, other than the part so decided to be invalid
or unconstitutional.
(Ordinance 2011-27(f) adopted 11/12/15)
Whenever in a section reference is made to another section hereof,
the reference shall extend and apply to the section referred to as
subsequently amended, revised, recodified, or renumbered, unless the
subject matter is changed or materially altered by the amendment or
revision.
(Ordinance 2011-27(f) adopted 11/12/15)
Reference to a public office or officer shall be deemed to apply
to any office, officer, or employee of this municipality exercising
the powers, duties, or functions contemplated in the provision, irrespective
of any transfer of functions or change in the official title of the
functionary.
(Ordinance 2011-27(f) adopted 11/12/15)
(A) If a
manifest error is discovered, consisting of the misspelling of any
words; the omission of any word or words necessary to express the
intention of the provisions affected; the use of a word or words to
which no meaning can be attached; or the use of a word or words when
another word or words was clearly intended to express the intent,
the spelling shall be corrected and the word or words supplied, omitted,
or substituted as will conform with the manifest intention, and the
provisions shall have the same effect as though the correct words
were contained in the text as originally published.
(B) No alteration
shall be made or permitted if any question exists regarding the nature
or extent of the error.
(Ordinance 2011-27(f) adopted 11/12/15)
The official time, as established by applicable state and federal
laws, shall be the official time within this municipality for the
transaction of all municipal business.
(Ordinance 2011-27(f) adopted 11/12/15)
(A) In all
cases where an ordinance 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 which is necessary for a prompt
performance of that act or the giving of that notice.
(B) The
time within which an act is to be done, as herein provided, shall
be computed by excluding the first day and including the last. If
the last day be Sunday, it shall be excluded.
(Ordinance 2011-27(f) adopted 11/12/15)
This code, from and after its effective date, shall contain
all of the provisions of a general nature pertaining to the subjects
herein enumerated and embraced. All prior ordinances pertaining to
the subjects treated by this code shall be deemed repealed, from and
after the effective date of this code.
(Ordinance 2011-27(f) adopted 11/12/15)
(A) All
ordinances of a temporary or special nature and all other ordinances
pertaining to subjects not embraced in this code shall remain in full
force and effect unless herein repealed expressly or by necessary
implication, including, but not limited to, the following types of
ordinances:
(1) Any
ordinance guaranteeing or promising the payment of money for the municipality
or authorizing the issuance of any bonds of the municipality or any
evidence of the municipality’s indebtedness;
(2) Any
appropriation ordinance or ordinance providing for an annual budget
or prescribing salaries for municipal officers and employees;
(3) Any
ordinance annexing territory to the municipality or discontinuing
territory as a part of the municipality;
(4) Any
ordinance designating or otherwise relating to municipal depositories;
(5) Any
ordinance granting any franchise, permit, or other right;
(6) Any
ordinance approving, prescribing, or otherwise relating to rates to
be charged by private utility companies;
(7) Any
ordinance approving, authorizing, or otherwise relating to any contract
or agreement;
(8) Any
ordinance accepting, dedicating, vacating, or otherwise relating to
any easement; and
(9) Any
ordinance establishing or amending the zoning designation of land.
(B) All
such ordinances mentioned in division (A) above are hereby recognized
as continuing in full force and effect to the same extent as if set
out at length herein.
(Ordinance 2011-27(f) adopted 11/12/15)
This code shall be effective as of the date of the adoption
of this code.
(Ordinance 2011-27(f) adopted 11/12/15)
(A) Whenever
any ordinance, or part of an ordinance, shall be repealed or modified
by a subsequent ordinance, the ordinance, or part of an ordinance,
thus repealed or modified shall continue in force until the due publication
of the ordinance repealing or modifying it when publication is required
to give effect thereto, unless otherwise expressly provided.
(B) No suit,
proceedings, right, fine, forfeiture, or penalty instituted, created,
given, secured, or accrued under any ordinance previous to its repeal
shall in any way be affected, released, or discharged, but may be
prosecuted, enjoyed, and recovered as fully as if the ordinance had
continued in force, unless it is otherwise expressly provided.
(C) When
any ordinance repealing a former ordinance, clause, or provision shall
be itself repealed, the repeal shall not be construed to revive the
former ordinance, clause, or provision, unless it is expressly provided.
(Ordinance 10 adopted 1/1/60; Ordinance 15 adopted 1/1/70; Ordinance 20 adopted 1/1/80; Ordinance 25 adopted 1/1/85)
(A) If the
legislative body shall desire to amend any existing chapter or section
of this code, the chapter or section shall be specifically repealed
and a new chapter or section, containing the desired amendment, substituted
in its place.
(B) Any
ordinance which is proposed to add to the existing code a new chapter
or section shall indicate, with reference to the arrangement of this
code, the proper number of the chapter or section. In addition to
such indication thereof as may appear in the text of the proposed
ordinance, a caption or title shall be shown in concise form above
the ordinance.
(Ordinance 10 adopted 1/1/60; Ordinance 15 adopted 1/1/70; Ordinance 20 adopted 1/1/80; Ordinance 25 adopted 1/1/85)
(A) As histories
for the code sections, the specific number and passage date of the
original ordinance, and the amending ordinances, if any, are listed
following the text of the code section. Example:
(B)
(1) If
a statutory cite is included in the history, this indicates that the
text of the section reads substantially the same as the statute. Example:
(Tex. Local Government Code, sec. 54.001)
(2) If
a statutory cite is set forth as a “statutory reference”
following the text of the section, this indicates that the reader
should refer to that statute for further information. Example:
SEC. 39.01 PUBLIC RECORDS AVAILABLE.
This municipality shall make available to any person for inspection
or copying all public records, unless otherwise exempted by state
law.
(Ordinance 10 adopted 1/1/60; Ordinance 15 adopted 1/1/70; Ordinance 10 adopted 1/1/60; Ordinance 20 adopted 1/1/80; Ordinance 20 adopted 1/1/80; Ordinance 25 adopted 1/1/85)
It shall be an offense for any unauthorized person to change
or amend, by addition or deletion, any part or portion of this code,
or to insert or delete pages or portions thereof, or to alter or to
tamper with this code in any manner whatsoever which will cause a
law of the town to be misrepresented thereby.
Penalty, see sec. 10.99
(Ordinance 2011-27(f) adopted 11/12/15)
By the passage of this code, no presently illegal use shall
be deemed to have been legalized unless specifically such use falls
within a use district where the actual use is a conforming use. Otherwise,
such uses shall remain nonconforming uses where recognized, or an
illegal use, as the case may be.
(Ordinance 2011-27(f) adopted 11/12/15)
Whenever any work is being done contrary to the provisions of
this code, the city may order the work stopped by notice in writing
(referred to as a “stop work order”) served on any persons
engaged in the doing or causing such work to be done. The stop work
order shall be posted on the property adjacent to the activity in
question, and any such person shall stop work immediately and contact
the City within fourteen calendar days to remedy the violation. Work
shall be stopped until authorized by the city to proceed.
(Ordinance 2011-27(f) adopted 11/12/15)
A violation of this code shall authorize the Mayor/City Secretary
or his or her designee to cancel any permit depending in whole or
in part on any approval under this code. If a permit is canceled,
no further work shall be done on the project made the subject of the
permit until the violation has been cured and new submittals under
this code, as required by the Mayor/City Secretary or his or her designee,
have been made and approved in accordance with the provisions of this
code and a new permit has been issued.
(Ordinance 2011-27(f) adopted 11/12/15)
A violation of this code shall authorize the Mayor/City Secretary
or his or her designee to deny any approvals or permits sought by
the person violating this code.
(Ordinance 2011-27(f) adopted 11/12/15)
(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 such code or 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:
(1) A
fine not to exceed $2,000 in all cases arising under municipal ordinances
that govern fire safety, zoning, building code, and public health
and sanitation other than vegetation and litter violations;
(2) A
fine not to exceed $2,000, if a motor vehicle is used in illegal dumping
or an offense under the law or city ordinance violated by the illegal
dumping; and
(3) A
fine not to exceed $1,000 in all other cases; provided, however, that,
no penalty shall be greater or less than the penalty provided for
the same or a similar offense under the laws of the state.
(B) Each
day any violation of this code or of any ordinance shall continue
shall constitute a separate offense. 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 Council or the City Marshal
or their assigns.
(Ordinance 2011-27(f) adopted 11/12/15)