The provisions embraced in this and the following chapters shall constitute and be designated the "Code of Ordinances, City of Brookshire, Texas," and may be cited as the "Brookshire Code."
The following definitions and rules of construction shall apply to this Code and to all ordinances unless the context requires otherwise:
City.
The term "city" means the City of Brookshire, Texas.
City council.
The term "city council" means the city council of the City of Brookshire, Texas.
Code.
The term "Code" means this Code of Ordinances, City of Brookshire, Texas.
County.
The term "county" means the County of Waller, Texas.
Computation of time.
In computing any period of time prescribed or allowed by this Code the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday nor legal holiday.
Delegation of authority.
A provision that authorizes or requires a city officer or city employee to perform an act or make a decision authorizes such officer or employee to act or make a decision through subordinates.
Gender.
A term importing the masculine gender only shall extend and be applied to females, firms, partnerships and corporations as well as to males.
May.
The term "may" is to be construed as being permissive and not mandatory.
Number.
Terms in the singular include the plural. Terms in the plural include the singular.
Oath.
A solemn affirmation is the equivalent to an oath and a person shall be deemed to have sworn if such person makes such an affirmation. In such cases the terms "swear" and "sworn" shall be equivalent to the terms "affirm" and "affirmed."
Officers, departments, etc.
Whenever reference is made to officers, departments, boards, commissions or employees, etc., it means and refers to those of the City of Brookshire, Texas.
Or, and.
Unless the context clearly indicates the contrary, where a provision involving two or more items, conditions, provisions or events are connected by the conjunction "and," "or" or "either … or," the conjunction shall be interpreted as follows:
(1) 
"And" indicates that all the connected terms, conditions, provisions or events apply.
(2) 
"Or" indicates that the connected terms, conditions, provisions or events apply singly or in any combination.
(3) 
"Either … or" indicates that the connected terms, conditions, provisions or events apply singly, but not in combination.
Owner.
The term "owner," as applied to property, includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety of the whole or part of such property.
Person.
The term "person" means any human being, any governmental or political subdivision or public agency, any public or private corporation, any partnership, any firm, association or other organization, joint stock company, joint adventure, any receiver, executor, trustee, conservator, assignee, agent, or other legal representative of any of the foregoing or any other legal entity.
Personal property.
The term "personal property" means any property other than real property.
Property.
The term "property" includes real property and personal property.
Real property.
The term "real property" includes lands, tenements and hereditaments.
Shall.
The term "shall" is to be construed as being mandatory.
Sidewalk.
The term "sidewalk" means any portion of a street between the curb line or lateral line of the roadway and the adjacent property line intended for pedestrian use.
Signature and subscription by mark.
The terms "signature" and "subscription" include a mark when the signer or subscriber cannot write. In such situations, such person's name shall be written near the mark by a witness who writes his own name near such person's name.
State.
The term "state" means the State of Texas.
Street, highway.
The terms "street" and "highway" mean the width between the boundary lines of a publicly maintained way, any part of which is open to the public for vehicular travel.
Tense.
Terms in the past or present tense shall also include the future.
Vernon's Ann. C.C.P.
The abbreviation "Vernon's Ann. C.C.P." means the latest edition or supplement to Vernon's Annotated Code of Criminal Procedure.
Vernon's Ann. Civ. St.
The abbreviation "Vernon's Ann. Civ. St." means the latest edition or supplement to Vernon's Annotated Civil Statutes.
V.T.C.A.
The abbreviation "V.T.C.A." means and refers to the latest edition or supplement of Vernon's Texas Code Annotated.
Written, in writing.
The terms "written" and "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.
The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the section and are not titles of such sections, or any part of the section, nor unless expressly so provided shall they be so deemed when any such section, including the catchline, is amended or reenacted.
The history notes appearing in parenthesis after sections in this Code have no legal effect but are merely intended to indicate the legislative history of that section.
All references to chapters or sections are to the chapters or sections of this Code unless otherwise specified.
Editor's notes, cross references and state law references that appear in this Code are provided as an aid and guide for the convenience of the user of the Code and are of no legal effect.
The provisions of this Code, insofar as they are substantially the same legislation previously adopted by the city relating to the same subject matter, shall be construed as restatements and continuations thereof and not as new enactments.
(a) 
The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect.
(b) 
The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal for an offense committed or cause of action arising under the ordinance repealed.
(a) 
Nothing in this Code or the ordinance adopting this Code affects the validity of any of the following:
(1) 
Any offense or act committed or done or any penalty or forfeiture incurred before the effective date of this Code.
(2) 
Any ordinance promising or guaranteeing the payment of money for the city or authorizing the issuance of any bonds of the city or any evidence of the city's indebtedness or any contract, right, agreement, lease, deed or other instrument or obligation assumed by the city.
(3) 
Any administrative ordinances of the city not in conflict or inconsistent with this Code.
(4) 
Any right or franchise granted by any ordinance.
(5) 
Any ordinance dedicating, establishing, naming, locating, relocating, opening, paving, widening, repairing or vacating any street or public way.
(6) 
The ordinance adopting the budget or any appropriation ordinance.
(7) 
Any ordinance levying or imposing taxes.
(8) 
Any ordinance prescribing through streets, parking and traffic regulations, speed limits, one-way traffic, limitations on load of vehicles or loading zones.
(9) 
Any land use, development, zoning or rezoning ordinance or amendment to the zoning map.
(10) 
Any ordinance establishing and prescribing the street grades of any street.
(11) 
Any ordinance providing for local improvements and assessments for such improvements.
(12) 
Any ordinance regarding plats or subdivisions.
(13) 
Any ordinance annexing territory or excluding territory or any ordinance extending the boundaries of the city.
(14) 
Any ordinance establishing positions, classifying positions, establishing pension or employee benefits, setting salaries of city officers and employees or any personnel regulations or indemnifications policies, or otherwise, related to employees.
(15) 
Any ordinance on investment and other financial policies or establishing investment or reinvestment zones.
(16) 
Any ordinance calling an election.
(17) 
Any ordinance authorizing street maintenance agreements.
(18) 
Any ordinance relating to the acquisition of lands by the city by condemnation proceedings.
(19) 
Any ordinance levying a fee, rate, deposit or charge.
(20) 
Any ordinance adopting or amending the comprehensive plan and thoroughfare plan.
(21) 
Any ordinance adopted by reference by any section of this Code and not included herein.
(22) 
Any ordinance establishing specifications or requirements for streets, utilities or drainage, etc.
(23) 
Any temporary or special ordinance.
(b) 
All such ordinances are recognized as continuing in full force and effect to the same extent as if published at length in this Code. All ordinances are on file in the city secretary's office.
(a) 
All ordinances adopted subsequent to this Code that amend, repeal or in any way affect this Code may be numbered in accordance with the numbering system of the Code and printed for inclusion in the Code. Portions of this Code repealed by subsequent ordinances may be excluded from this Code by omission from affected reprinted pages. The subsequent ordinances as numbered and printed or omitted, in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time that this Code of Ordinances and subsequent ordinances numbered or omitted are readopted as a new code of ordinances by the city council.
(b) 
Amendments to provisions of this Code shall be made with the following language: "Section (chapter, article, division or subdivision, as appropriate) _____ of the Code of Ordinances, City of Brookshire, Texas, is hereby amended to read as follows:…." The new provisions shall be set out in full.
(c) 
If a new section, subdivision, division, article or chapter is to be added to the Code, the following language shall be used: "Section (chapter, article, division or subdivision, as appropriate) _____ of the Code of Ordinances, City of Brookshire, Texas, is hereby created to read as follows:…." The new provisions shall be set out in full.
(d) 
All provisions desired to be repealed should be repealed specially by section, subdivision, division, article or chapter number, as appropriate, or by setting out the repealed provisions in full in the repealing ordinance.
(a) 
Supplements to this Code shall be prepared and printed whenever authorized or directed by the city. A supplement to this Code shall include all substantive permanent and general parts of ordinances passed by the city council or adopted by initiative and referendum during the period covered by the supplement and all changes made thereby in the Code. The pages of the 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. 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 that have been repealed shall be excluded from the Code by the omission from reprinted pages.
(c) 
When preparing a supplement to this Code, the person authorized to prepare the supplement may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement as necessary to embody them into a unified code. For example, the person may:
(1) 
Arrange the material into appropriate organizational units.
(2) 
Provide appropriate catchlines, headings and titles for chapters, articles, divisions, subdivisions and sections to be included in the Code and make changes in any such catchlines, headings and titles or in any such catchlines, headings and titles already in the Code.
(3) 
Assign appropriate numbers to chapters, articles, divisions, subdivisions and sections to be added to the Code.
(4) 
Where necessary to accommodate new material, change existing numbers assigned to chapters, articles, divisions, subdivisions or sections.
(5) 
Change the words "this ordinance" or similar words to "this chapter," "this article," "this division," "this subdivision," "this section" or "sections _____ to _____" (inserting section numbers to indicate the sections of the Code that embody the substantive sections of the ordinance incorporated in the Code).
(6) 
Make other nonsubstantive changes necessary to preserve the original meaning of the ordinances inserted in the Code. In no case shall the codifier make any change in the meaning or effect of ordinance provisions included in the supplement or already embodied in the Code.
The city council declares that it is its intent to enact this Code and all provisions adopted by reference in this Code without invalid or unconstitutional provisions. The sections, subsections, paragraphs, sentences, clauses and phrases of this Code and all provisions adopted by reference in this Code are severable so that if any section, subsection, paragraph, sentence, clause and phrase of this Code, or of any provision adopted by reference in this Code, is declared unconstitutional or invalid by judgment of a court of competent jurisdiction, such judgment shall not affect the validity of any other remaining section, subsection, paragraph, sentence, clause and phrase of this Code or of any provision adopted by reference in this Code.
(a) 
Whenever in this Code or in any ordinance, resolution, rule, or police regulation of the city an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided, the violation of any provision of this Code or any ordinance, resolution, rule, or police regulation shall be punished by a fine not exceeding $500.00; provided, however, that the violation of any provision of this Code or any ordinance, resolution, rule, or police regulation that governs fire safety, zoning, or public health and sanitation, other than dumping of refuse, shall be punished by a fine not exceeding $2,000.00; and a fine or penalty for the violation of a rule, ordinance, or police regulation that governs the dumping of refuse may not exceed $4,000.00. Where the offense is one for which a penalty is fixed by state law, the penalty for such offense shall be the same as fixed by state law. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code section, whether or not such penalty is reenacted in the amendatory ordinance.
(b) 
Except where otherwise provided in this Code, each day an offense continues shall constitute a separate offense.
(c) 
In addition to the penalty prescribed in subsection (a) of this section, the city may pursue other remedies such as abatement of nuisances, injunctive or equitable relief, administrative adjudications, and revocation of licenses or permits.
(a) 
To the extent allowed by law, the general and special fees and charges to be assessed and collected by the City of Brookshire as authorized by this Code or any other code or ordinance of the city shall be as established by appropriate the city council resolution.
(b) 
The purpose of this section is to provide reference to such fees and charges which shall be assembled and maintained in a master fee resolution which is on file in the city secretary's office, and may be amended from time to time.
(c) 
In the event there is a conflict between the established fee by a code or ordinance and the provisions of such master fee resolution, the code or ordinance shall prevail.
(a) 
The city council, upon an affirmative vote of the majority of the city council members present at a regular meeting, and after review of an exception application duly filed by an applicant and after a public hearing about said exception application, may grant an exception to the requirements of this Code related to the development, redevelopment, or alteration of any non-residential property, building, street, infrastructure, or related structure, object, or property.
(b) 
The exception application shall set forth in specific detail the grounds or reasons upon which such an exception is being requested by the applicant.
(c) 
In granting an exception application, the city council shall determine that:
(1) 
The strict enforcement of the applicable regulations will create a practical difficulty on the applicant;
(2) 
The situation causing the practical difficulty is unique to the applicant and is not self-imposed;
(3) 
The exception will not injure, and will be wholly compatible with, the use and permitted development of adjacent properties; and
(4) 
The granting of the exception will be in harmony with the spirit and purpose of this Code.
(d) 
The city council may require certain terms and conditions to be attached to the exception, if such exception is granted. Such terms and conditions shall be noted in the minutes of the city council meeting or be adopted by a resolution of the city council.
(e) 
In the event that an exception application is denied by the city council, no other exception application of like kind shall be considered or acted upon by the city council for a period of six months subsequent to said denial.
(Ordinance 19-667-14, § 1, adopted 11/7/2019)