The ordinances embraced in this Code shall constitute and be designated "The Code of Civil and Criminal Ordinances of the City of Irving, Texas," and may be so cited. Such Code may also be cited as the "Irving City Code."
In the construction of this Code and of all other ordinances and resolutions passed by the city council, the following rules contained in this section shall be observed, unless such construction would be inconsistent with the manifest intent of the city council:
When a bond is required, an undertaking in writing is sufficient if properly drafted and executed.
The words "city", "the city" or "this city" shall mean the City of Irving in the County of Dallas and the State of Texas.
The words "city secretary", or "chief of police" or words designating any "other city officers or departments" shall be construed to mean the city secretary, chief of police or such other municipal officers or departments, respectively, of the City of Irving, Texas.
The words "the Code" or "this Code" shall mean "The Code of the City of Irving, Texas."
In computing any period of time prescribed or allowed by this Code, the day of the act or event before or after 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 Sunday or legal holiday, in which event the period shall run until the end of the next day which is neither a Sunday nor a holiday.
The words "Council" or "city council" shall mean the city council of the City of Irving, Texas.
The word "county" shall mean Dallas County, Texas.
The words "director of health," "director of the department of health" or "director of the health department" shall mean the city manager or other person designated by the city manager.
A word importing the masculine gender only shall extend and be applied to include females and to firms, partnerships and corporations as well as to males.
The term "highway", when used in this Code, shall include any street, alley, highway, avenue or public place or square, bridges, viaducts, tunnels, underpasses, overpasses and causeways in the city, dedicated or devoted to public use.
Words purporting to give authority to three 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.
The word "month" shall mean a calendar month.
Any word importing the singular number shall include the plural, and any word importing the plural number shall include the singular.
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."
Whenever certain hours are named in this Code, they shall mean Central Standard Time or Central Daylight Saving Time, as may be in current use in the city.
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.
The word "person" shall extend and be applied to associations, corporations, firms, partnerships and bodies politic and corporate as well as to individuals.
The words "personal property" include every species of property, except real property, as defined in this section.
The words "preceding" and "following" mean next before and next after, respectively.
The word "property" includes real and personal property.
The words "real property" include land, tenements and hereditaments.
The word "roadway" shall mean that portion of a street improved, designed or ordinarily used for vehicular traffic and that portion of a street used for drainage.
The word "shall" is mandatory. The word "may" is permissive.
The word "sidewalk" shall mean any portion of the street between the curb or the lateral line of the roadway and the adjacent property line, all or a part of which is intended for the use of pedestrians.
The space between the lateral line of the roadway and the boundary separating the public right of way and the adjacent private property.
The words "signature" or "subscription" shall include a mark when a person cannot write.
The words "the state" or "this state" shall be construed to mean the State of Texas.
The term "street" shall include any highway, boulevard, alley, street, avenue or public place or square, bridges, viaducts, culverts, underpasses, overpasses, tunnels and causeways in the city, dedicated or devoted to public use.
The words "written" or "in writing" shall be construed to include any representation other than oral of works, letters or figures, whether by printing or otherwise.
The word "year" shall mean a calendar year.
(Ordinance 6657, § 7, adopted 8/3/1995)
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 shall not be deemed or taken to be titles of such sections, nor as any part of the section, nor unless expressly so provided, shall they be so deemed when any such sections, including the catchlines, are amended or reenacted.
The provisions appearing in this Code, so far as they are in substance the same as those of ordinances existing at the time of the adoption of this Code, shall be considered as continuations thereof and not as new enactments.
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 or otherwise invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or 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 or invalid phrase, clause, sentence, paragraph or section.
Whenever in this Code or in any ordinance of the city, or in any rule, regulation or order promulgated by any officer or agency of the city under authority duly vested in him or if any act is prohibited, or is made or declared to be unlawful or an offense or a misdemeanor, or wherever in such Code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful or an offense or a misdemeanor where no specific penalty is provided therefor, the violation of any such provision of this Code or any such ordinance, rule, regulation or order shall be punished by a fine not exceeding five hundred dollars ($500.00); unless the ordinance governs fire safety, zoning, public health, or sanitation, including dumping of refuse, in which case an offense arising under it shall be punished by a fine not exceeding two thousand dollars ($2,000.00); provided, that 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.
Each day any violation of any provision of this Code or other ordinance of the city shall continue shall constitute a separate offense, unless otherwise provided.
(Ordinance 5853, § 1, adopted 9/6/1990)
Whenever a corporation or association violates any provision of this Code or other ordinance of the city, the president, vice-president, secretary, treasurer, manager or any agent or employee of such corporation or association shall be severally liable for the penalty prescribed for such violation.
In any prosecution for a violation of any provision of this Code, the Code or a copy of such provision, certified by the city secretary, may be admitted in evidence without further proof and shall be prima facie evidence of the existence and regular enactment of such provision, without the necessity of introducing in evidence the entire Code.
In any prosecution for a violation of any provision of this Code, upon proof of the provision of the Code, it shall not be necessary to negative any exception, excuse, proviso or exemption contained in the Code and burden of proof of any such exception, excuse, proviso or exemption shall be upon the defendant.
The authority of all police and law enforcement agents and officers of the city to enter into and upon all property owned by the Irving Independent School District, blanket authority and permission having been heretofore obtained from the board of trustees of the Irving Independent School District consenting to this, for the purpose of enforcing all of the present and future provisions of this Code or other ordinances of the city, as well as all of the traffic and parking rules, requirements, regulations and limitations of record in the minutes of the board of trustees of the Irving Independent School District, so long as such rules, regulations, requirements and limitations are clearly designated by signs and markers, erected or painted by the Irving Independent School District and at the expense of the Irving Independent School District, exclusively, is hereby granted.
(Ordinance 636, § 2)