(a) 
The ordinances in this and the following chapters and sections constitute "The Code of Ordinances, City of Jefferson, Texas," and may be so cited. Such Code may also be cited as the "Jefferson Code."
(b) 
This Code shall not repeal any preamble, recital or finding of fact contained in any ordinance included herein, but all such matters shall be deemed incorporated in the sections herein derived from such respective ordinances.
(Code 1980, § 1.1)
(a) 
In this Code, and in all ordinances and resolutions passed by the city council, the following rules contained in this section shall be observed, unless their usage would be inconsistent with the manifest intent of the city council:
City.
The terms "city," "the city" and "this city" shall mean the City of Jefferson, in Marion County, Texas.
City council.
The terms "the council," "the city council," and "governing body" shall mean the mayor and aldermen acting as the City Council of Jefferson, Texas.
City officers or departments.
Terms designating city officers or departments shall be construed to mean the city officers or departments of the City of Jefferson, Texas.
Code.
The terms "the Code" and "this Code" shall mean "The Code of Ordinances, City of Jefferson, Texas."
Computation of time.
Whenever a notice is required to be given or an act to be done in a certain length of time before any proceeding or step in a proceeding shall be had, the day on which such notice is given, or such act is done, shall not be counted in computing the time, but the day on which such proceeding or step in a proceeding is to be had shall be counted except as otherwise expressly provided in this Code. 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.
Conjunctions.
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) 
The term "and" indicates that all the connected terms, conditions, provisions or events apply.
(2) 
The term "or" indicates that the connected terms, conditions, provisions or events apply singly or in any combination.
(3) 
The term "either…or" indicates that the connected terms, conditions, provisions or events apply singly but not in combination.
County.
The term "county " shall mean Marion County, Texas.
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.
Following.
The term "following" means next after.
Gender.
A term importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males.
Highway.
The term "highway," when used in this Code, means the width between the boundary lines of a publicly maintained way any part of which is open to the public for vehicular travel.
May.
The term "may" is to be construed as being permissive and not mandatory.
Month.
The term "month" shall mean a calendar month.
Number.
Any term importing the singular number shall include the plural and any term importing the plural number shall include the singular.
Oath.
The term "oath" shall be construed to include any affirmation required by law. The terms "swear" and "sworn" shall be equivalent to the terms "affirm" and "affirmed."
Official time standard.
Whenever certain hours are named in this Code, they shall mean Central Standard Time or Central Daylight Saving Time, whichever is in current use in the city.
Owner.
The term "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 the part of such building or land, except as otherwise defined in this Code.
Person.
The term "person" shall extend and be applied to associations, corporations, firms, partnerships, trustees, receivers, and bodies politic and corporate as well as to individuals.
Personal property.
The term "personal property" shall include every species of property except real property as defined in this section.
Preceding.
The term "preceding" means next before.
Property.
The term "property" includes real and personal property, or a mixture of the two, if the sense used so indicates.
Real property.
The term "real property" include land, tenements and hereditaments.
Roadway.
The term "roadway" shall mean that portion of a street improved, designed or ordinarily used for vehicular traffic. The term does not include a curb, berm or shoulder.
Shall.
The term "shall" is to be construed as being mandatory.
Sidewalk.
The term "sidewalk" shall mean any portion of the street between the curb or the lateral lane of the roadway and the adjacent property line, all or a part of which is intended for the use of pedestrians.
Sidewalk area.
The space between the lateral lane of the roadway and the boundary separating the public right-of-way and the adjacent private property.
Signature and subscription.
The terms "signature" and "subscription" shall include a mark when a person cannot write.
State.
The terms "the state" and "this state" shall mean the State of Texas.
Street.
The term "street" means the entire width of a way held by the city in fee or by easement or dedication that has a part open for public use for vehicular travel. The term does not include a designated state or federal highway or road or a designated county road.
Tense.
Terms used in the past or present tense include the future as well as the past and present.
Vernon's Ann. Civ. St.
The abbreviation "Vernon's Ann. Civ. St." shall mean the latest edition or supplement to Vernon's Annotated Civil Statutes.
V.T.C.A.
The abbreviation "V.T.C.A." shall mean and refer to the latest edition or supplement of Vernon's Texas Code Annotated.
Written and in writing.
The terms "written" and "in writing" shall be construed to include any representation, other than oral, of words, letters or figures, whether by writing, printing or otherwise.
Year.
The term "year" shall mean a calendar year.
(b) 
The provisions of V.T.C.A., Penal Code titles 1, 2 and 3 shall apply in the interpretation of all penal provisions of this Code to the extent that the Penal Code mandates that they shall apply.
(Code 1980, §§ 1.6, 15.71(G))
The Code is arranged into three major divisions: chapters, articles and sections.
(1) 
Chapters.
Chapters are used to logically group subject matters. Each chapter is numbered with an Arabic numeral. In this Code, all chapters are numbered consecutively from Chapter 1 through Chapter 102. Every chapter is titled according to the subject matter. Each chapter is in alphabetical order. For reference purposes, it is important to maintain the alphabetical listings of the chapters when making amendments to this Code.
(2) 
Articles.
Articles are used to further divide the chapters by subject matters. Articles are numbered by Roman numerals. In this Code articles are numbered consecutively starting with Article I and continuing depending on the number of articles in a chapter. Not all chapters have articles. Articles are not used as part of the numbering system of this Code, but are used primarily for convenience in a reference from the table of contents to the appropriate chapter.
(3) 
Sections.
Sections are used to further divide the material within a chapter. Section numbers are keys to reading the table of contents and finding the appropriate section in the Code. Every section in a chapter is numbered consecutively without regard to articles.
(Code 1980, § 1.4)
The catchlines or titles of the chapters, articles, or sections of this Code are intended to indicate the contents of the divisions, and have no legal significance.
(Code 1980, § 1.2)
The history or source 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 after sections or subsections are provided for the convenience of the user of the Code and have 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 or resolution promising or guaranteeing the payment of money for the city or authorizing the issue 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 ordinance annexing territory or excluding territory or any ordinance extending the boundaries of the city.
(4) 
Any ordinance relating to the acquisition of lands by the city by condemnation proceedings.
(5) 
Any ordinance providing for local improvements and assessments for such improvements.
(6) 
Any ordinance adopting the budget or any appropriation ordinance.
(7) 
Any ordinance levying or imposing taxes.
(8) 
Any ordinance on investment and other financial policies.
(9) 
Any ordinance prescribing through streets, parking and traffic regulations, speed limits, one-way traffic, limitations on load of vehicles or loading zones.
(10) 
Any ordinance establishing and prescribing the street grades or specifications of any street or public way.
(11) 
Any ordinance or resolution dedicating, establishing, naming, locating, relocating, opening, paving, widening, repairing or vacating any street or public way.
(12) 
Any ordinance authorizing street maintenance agreements.
(13) 
Any right or franchise granted by any ordinance.
(14) 
Any ordinance regarding plats or subdivisions.
(15) 
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.
(16) 
Any ordinance calling an election.
(17) 
Any land use, development, zoning or rezoning ordinance or amendment to the zoning map.
(18) 
Any ordinance levying a fee, rate, deposit or charge.
(19) 
Any ordinance adopted by reference by any section of this Code and not included herein.
(20) 
Any temporary or special ordinance.
(21) 
Any administrative ordinance or resolution of the city not in conflict or inconsistent with this Code.
(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 may be made with the following language: "Section __________ (chapter, article, division or subdivision, as appropriate) of the Code of Ordinances, City of Jefferson, Texas, is hereby amended to read as follows:…." The new provisions shall then be set out in full as desired.
(c) 
If a new section, subdivision, division, article or chapter is to be added to the Code, the following language may be used: "Section __________ (chapter, article, division or subdivision, as appropriate) of the Code of Ordinances, City of Jefferson, Texas, is hereby created to read as follows:…." The new provisions shall then be set out in full as desired.
(d) 
All provisions desired to be repealed should be repealed specifically by section, subdivision, division, article or chapter number, as appropriate, or by setting out the repealed provisions in full in the repealing ordinance.
(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 or adopted by initiative and referendum during the period covered by the supplement and all changes made thereby in the Code. The pages of a supplement shall be numbered so they will fit properly into the Code and will, where necessary, replace pages which 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 removed from the Code.
(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 divisions;
(2) 
Provide appropriate catchlines for all divisions of the Code printed in the supplement, and make changes in such catchlines;
(3) 
Assign appropriate numbers to sections and other divisions to be inserted in the Code and, where necessary to accommodate new material, change existing section or other division numbers;
(4) 
Change the words "this ordinance" or words of the same meaning to "this chapter," "this article," "this section," etc., as the case may be, or to "sections __________ to __________ (inserting section numbers to indicate the sections of the Code which embody the substantive sections of the ordinance incorporated into the Code); and
(5) 
Make other nonsubstantive changes necessary to preserve the original meaning or ordinance sections 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.
(Code 1980, § 1.5)
The codifier will use the following rules when revisions and/or amendments require the numbers to be altered:
(1) 
Chapters.
Any chapter added to the Code shall be placed in alphabetical order according to its title. If the new chapter is placed behind the last chapter of this Code the codifier shall use the next consecutive number. The chapter number after Chapter 16 will be Chapter 17. If the new chapter is placed between two existing chapters, the codifier shall use the preceding chapter number and place a capital letter to the right of the number. For example, if a new chapter is placed directly after Chapter 10, it shall be titled Chapter 10A. If a new chapter is placed after Chapter 10A, it will be titled Chapter 10B, etc.
(2) 
Articles.
Articles shall be added to chapters by placing the next article at the end of the appropriate chapter. New articles shall be numbered by using the next consecutive Roman numeral. The codifier should not place new articles between existing articles, as it is not a requirement to maintain articles in a particular order.
(3) 
Sections.
When a new section is to be inserted, the codifier will determine the proper place and the proper number for that section. The codifier will determine the proper place according to the subject matter. Once the proper place has been selected, the codifier will determine the appropriate number according to one of the following methods:
a. 
When a new section is to be placed at the end of a chapter, the codifier will utilize the next available consecutive number. If the last section number is 5-66, the new section number will be 5-67.
b. 
When a new section is to be placed at the end of an article, the codifier will utilize the next available consecutive number from the numbers reserved at the end of the article, if one is available. For example, if a new section is to be added at the end of Article II and the last section is 5-44, the next section number will be 5-45. If all reserved numbers have been previously used, the codifier will use the preceding section number and place a lower case letter to the right. For example, if the new section is to be added at the end of Article II, with all reserved numbers having been used, and the preceding section number is 5-45, the new section number will be 5-45a. If a new section is to be placed behind Section 5-45a, it will be titled section 5-45b, etc.
c. 
When a new section is to be added between existing sections, the codifier will use the preceding section number and place a lower case letter to the right. For example, if a new section is to be included between section 5-67 and section 5-68, the new section will be titled 5-67a, and if a new section is to be placed behind section 5-67a, it will be titled section 5-67b, etc.
(4) 
Page numbers.
When a new page number is to be inserted at the end of the Code, the codifier will utilize the next consecutive number. If the last page number is 169, the next page will be 170. When a new page number is to be placed at the end of a chapter the next consecutive number is to be utilized from among the numbers reserved at the end of the chapter. When a new page is to be inserted at the end of a chapter and the reserved numbers have been used, or when a new page is to be inserted between two previously numbered pages, the codifier shall use the preceding page number and place an Arabic numeral to the right. For example, if the new page is to be inserted between pages 156 and 157, the new page shall be numbered 156.1. The next new page behind 156.1 will be numbered 156.2, etc.
(Code 1980, § 1.5(A)—(D))
It is 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 in 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 they would have been enacted by the city council without the incorporation in this Code of any such unconstitutional phrase, clause, sentence, paragraph or section.
(Code 1980, § 1.3)
(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, including dumping of refuse, shall be punished by a fine not exceeding $2,000.00. 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.
(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 this section, the city may pursue other remedies such as abatement of nuisances, injunctive relief, administrative adjudications, and revocation of licenses or permits.
(Code 1980, § 1.7; Ordinance of 10/14/1991(3))