CODE OF ORDINANCES

 CITY OF WEST COLUMBIA

 CHAPTER 1

 INTRODUCTION

 

Art. I    Definitions and Construction
                         Sec. 1-1.     How Code designated and cited
                         Sec. 1-2.     Rules of construction and definitions
                         Sec. 1-3.     Headings
                         Sec. 1-4.     References to chapters or sections
                         Sec. 1-5.     History notes
                         Sec. 1-6.     References and editors notes 

Art. II   Amendments
                         Sec. 1-21.    Provisions considered as continuation
                                               of existing ordinances
                         Sec. 1-22.    Additions and amendments deemed 
                                               incorporated in Code
                         Sec. 1-23.    Code does not affect prior offenses, rights, etc.
                         Sec. 1-24.    Effect of repeals
                         Sec. 1-25.    Certain ordinances not affected by Code
                         Sec. 1-26.    Amendments or additions to Code
                         Sec. 1-27.    Supplementation of Code
                         Sec. 1-28.    Severability of parts of Code                       

Art. III Violations  
                         Sec. 1-41.    Violation a Misdemeanor  
                         Sec. 1-42.    Penalties  
                         Sec. 1-43.    Amendments     

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ARTICLE I.    DEFINITIONS AND CONSTRUCTION  

        Sec. 1-1.   How Code designated and cited.
                          The ordinances embraced in this and the following chapters and
                          sections shall constitute and be designated the "Code of
                          Ordinances, City of West Columbia, Texas," and may be so cited.  

(Code 1977, ' 1-1)  

State law reference(s)--Authority of city to adopt a civil and criminal code of ordinances, V.T.C.A., Local Government Code ' 53.001.  

        Sec. 1-2.  Rules of construction and definitions.  
                          (a)    General   The provisions of this Code shall be liberally
                                   construed to effect the purposes expressed therein or implied
                                   from the expression thereof. In case of doubt or ambiguity in
                                   the meaning of such provisions, the general shall yield to the
                                   particular.   Reference for interpretation and construction shall
                                   tend to further the accomplishment of the elimination of the
                                   particular mischief’s for which the provisions were enacted.
                                   Words shall be construed in their common and usual
                                   significance unless the contrary  is clearly indicated. In the
                                   construction of this Code,  and of all ordinances passed by the
                                   city council, the following rules shall be observed and the
                                   following definitions shall apply, unless such construction
                                   would be inconsistent with the clear intent of the city council in
                                   the absence of a clear indication to the contrary any words or
                                   phrases in the Code shall have the same meaning as they
                                   have under corresponding or analogous provisions of State
                                   law.
 
                            (b)  Definitions      CITY shall mean the City of West Columbia, in the
                                               County of Brazoria and the State of Texas.  

 (2)      CITY COUNCIL or COUNCIL shall mean the City Council of West Columbia, constituting the governing body of the city.  

(3)       COUNTY shall mean the County of Brazoria, Texas.

(4)       HIGHWAY shall mean and include any street, alley, highway, avenue or public place or square, bridge, viaduct, tunnel, underpass, overpass and causeway in the city, dedicated or devoted to public use.  

(5)       MONTH. The word "month" shall mean a calendar
                                                month.  

(6)        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.  

(7)       PERSON shall extend and be applied to associations, corporations, firms, partnerships and bodies politic and corporate as well as to individuals. Where criminal prosecution may lie, the officers of any corporation shall jointly and severally be subject to prosecution as being included within the term "person."  

(8)       PRECEDING, FOLLOWING mean next before and next after, respectively.  

(9)       ROADWAY shall mean that portion of a street improved, designed or ordinarily used for vehicular traffic.  

(10)     SIDEWALK shall mean any portion of the street between the curb, or the lateral line of the roadway and the adjacent property line, intended for the use of pedestrians.  

(11)     SIGNATURE or SUBSCRIPTION shall include a mark when a person cannot write.  

(12)     STATE shall mean the State of Texas.  

(13)     STREET shall mean and include any highway, alley, street, avenue or public place or square, bridge, viaduct, underpass, overpass, tunnel and causeway in the city, dedicated or devoted to public use.  

(14)     VERNON'S ANN. CIV. ST. and/or V.T.C.A. shall mean the latest edition or supplement to Vernon's Annotated Civil Statutes.  

State law reference(s)--Similar definitions, V.T.C.A., Government Code ' 311.005; application of Titles 1, 2 and 3 of Penal Code, V.T.C.A., Penal Code ' 1.03.

(15)     WRITTEN or IN WRITING. The words "written" or "in writing" shall mean and include any representation of words, letters or figures, whether by printing or otherwise.  

            (16)     YEAR shall mean a calendar year.  

(c)         Rules of Construction  

(1)       City officers, departments, boards, committees, commissions, etc. the same shall be construed as if followed by the words "of the City of West Columbia, Texas," and shall include deputies, assistants and agents if authorized by the law.  

(2)       Computation of time. In computing any period of time mentioned in the provisions of this Code, the day of the act, event or default after which the designated period of time begins to run is not to be included, and the last day of the period so computed is to be included, unless it is a Saturday, Sunday or a legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday nor a holiday.  

State law reference(s)--Similar provision,Texas Rules of Civil Procedure, Rule 4. 

(3)       Delegation of authority. Whenever a provision appears requiring the head of a department or some other city officer or employee to do some act or perform some duty, it shall be construed to authorize the head of the department or other officer or employee to designate, delegate and authorize subordinates to perform the required act or perform the duty unless the terms of the provision or section specify otherwise.  

(4)       Gender. A word importing the masculine gender only shall extend to and be applied to females and to firms, partnerships, associations and corporations, as well as to males.  

(5)       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.  

(6)       Number. Any word importing the singular number shall include the plural and any word importing the plural number shall include the singular.

(7)       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."  

(8)       Or, and "Or" may be read "and" and "and" may be read "or" if the sense requires it.  

(9)       Tense. Words used in the past or present tense include the future as well as the past and present.  

(Code 1977, ' 1-3)

State law reference(s)--Similar definitions, V.T.C.A., Government Code ' 311.005.

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      Sec. 1-3. Headings.

The headings of the several chapters, articles and sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the portion of this Code in question and shall not be deemed or construed to be indicative or determinative of the meaning, intent or application of that portion, nor as any part of the portion, nor, unless expressly so provided, shall they be so deemed when any of such portions, including the headings, are amended or reenacted.  

(Code 1977, ' 1-2)  

     Sec. 1-4.  References to chapters or sections.  

All references to chapters, articles or sections are to the chapters, articles and sections of this Code in which the reference appears unless otherwise specified.

 

     Sec. 1-5.   History notes.  

The history notes appearing in parentheses after sections of this Code are not intended to have any legal effect, but are for reference only and are merely intended to indicate the source of matter contained in the section.  

     Sec. 1-6.   References and editor's notes.  

References and editor's notes following certain sections are inserted as an aid and guide to the reader and are not controlling nor meant to have any legal effect.  

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ARTICLE II.    AMENDMENTS

        Sec. 1-21.  Provisions considered as continuation of existing
                            ordinances.

The provisions appearing in this Code, insofar as they are the same as those of the Code of the City of West Columbia, and of ordinances existing at the time of adoption of this Code, and shall be considered as a continuation thereof and not new enactments.

     Sec. 1-22. Additions and amendments deemed incorporated in Code.

Any and all additions and amendments to this Code, when passed in such form as to indicate the intention of the City Council to make the same a part hereof, shall be deemed to be incorporated herein, so that reference to the Code shall be understood and intended to include such additions and amendments.

     Sec. 1-23. Code does not affect prior offenses, rights, etc.  

Nothing in this Code or the ordinances adopting this Code shall affect any offense or act committed or done, or any penalty or forfeiture incurred, or any contract or right established or accruing before the effective date of this Code.  

     Sec. 1-24.  Effect of repeals.                        

The repeal of an ordinance or portion of this Code shall not revive any ordinance or portion of this Code in force before or at the time the provision repealed took effect. The repeal of an ordinance or a portion of this Code 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 under the provision repealed.  

   Sec. 1-25. Certain ordinances not affected by Code.  

Nothing in this Code or the ordinance adopting this Code shall be construed to repeal or otherwise affect the validity or enforceability of any of the following when not inconsistent with this Code:  

(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 administrative ordinances or resolutions of the city not in conflict or inconsistent with the provisions of this Code;  

(4)       Any right or franchise granted by any ordinance;  

(5)       Any ordinance or resolution dedicating, naming, establishing, locating, relocating, opening, paving, widening, repairing, vacating, etc., any street or public way in the city;

(6)       Any appropriation ordinance;  

(7)       Any ordinance levying or imposing taxes;  

(8)       Any ordinances prescribing through streets, parking and traffic regulations, speed limits, one-way traffic, limitations on load of vehicles, or loading zones;  

(9)       Any ordinance establishing and prescribing the street grades of any street in the city;  

(10)     Any ordinance providing for local improvements and assessing taxes therefor;  

(11)     Any ordinance dedicating or accepting any plat or subdivision
                                    in the city;  

(12)     Any ordinance annexing territory or excluding territory or any ordinance extending the boundaries of the city;  

(13)     Any ordinance establishing positions, classifying positions, setting salaries of city officers and employees or any personnel regulations;  

(14)     Any ordinance calling an election;  

(15)     Any ordinance authorizing street maintenance agreements or any interlocal agreements;    

(16)     Any temporary or special ordinances.

All such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length herein. All ordinances are on file in the city secretary's office.

      Sec. 1-26.  Amendments or additions to Code.

                        (a)        All ordinances passed subsequent to this Code which amend, repeal or in any way affect this Code may be numbered in accordance with the numbering system of this Code and printed for inclusion therein. When subsequent ordinances repeal any chapter, article, section or subsection or any portion thereof, such repealed portions may be excluded from the Code by omission from 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 and subsequent ordinances numbered or omitted are readopted as a new Code by the City Council.  

(b)       Amendments to any of the provisions of this Code may be made by amending such provisions by specific reference to the pertinent, chapter, article and/or section number of this Code in the following language: Chapter ______, Article _______, Section ______ of the Code of Ordinances, City of West Columbia, Texas, is hereby amended to read as follows:  . . . ." The new provisions shall then be set out in full as desired.  

(c)       In the event a new section not heretofore existing in the Code is to be added, the following language may be used: "That the Code of Ordinances, City of West Columbia, Texas, is hereby amended by adding a section to Chapter ______, Article ______, to be numbered ________, which said section reads as follows:  . . . ." The new section shall then be set out in full as desired.  

     Sec. 1-27.            Supplementation of 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 or adopted by initiative and referendum during the period covered by the supplement and all changes made thereby in the Code, and shall also include all amendments to the Charter during the period. The pages of a supplement shall be so numbered that 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 excluded from the Code by the 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 sections and other subdivisions of the Code printed in the supplement, and make changes in catchlines, headings and titles;  

(3)        Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing section or other subdivision numbers;  

(4)       Change the words "this ordinance" or words of the same meaning to "this chapter," "this article," "this division," etc., as the case may be, or to "sections ________ through ________." The inserted section numbers will 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 of 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.  

     Sec. 1-28.   Severability of parts of Code.  

It is hereby declared to be the intention of the city council that the chapters, articles, divisions, sections, paragraphs, sentences, clauses and phrases of this Code are severable and, if any phrase, clause, sentence, paragraph,  section, division, article or chapter of this Code shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or 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 council without the incorporation in this Code of any such invalid or unconstitutional phrase, clause, sentence, paragraph, section, division, article or chapter.  

(Code 1977, ' 1-6)  

 

ARTICLE III. VIOLATIONS  

     Sec. 1-41. Violation a Misdemeanor.  

Whenever in this Code or in any ordinance of the city any act is prohibited or is made or declared to be unlawful, 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, the person committing such violation shall be guilty of a misdemeanor.  

     Sec. 1-42. Penalties.  

(a)       Where no specific penalty is provided therefor, the violation of any provision of this Code shall be punished by:  

(1)       A fine not exceeding two thousand dollars ($2,000.00) for violations of all such rules, ordinances and police regulations that govern fire, safety, zoning or public health and sanitation, including dumping of refuse;  

(2)       A fine not to exceed two hundred dollars ($200.00) for all traffic violations, including, but not limited to, those matters for which a $200.00 maximum fine is specified under the Texas Transportation Code and similar or related provisions of this Code.  

(3)       A fine not to exceed five hundred dollars ($500.00) for all other violations.  

(b)       Each day any violation of any provision of this Code or of any ordinance shall continue shall constitute a separate offense.  

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Sec. 1-43.  Amendments.  

In case of the amendment by the city council of any section of this Code for which a penalty is not provided, the general penalty as provided in subsection (a) shall apply to the section as amended; in case such amendment contains provisions for which a specified penalty other than the aforementioned general penalty is provided in another section in the same chapter, the penalty so specified shall be held to relate to the amended section, unless such penalty is specifically repealed therein.  No penalty shall be greater or less than the penalty provided for the same or a similar offense under the laws of the State.  

(Code 1977, ' 1-5)  

State law reference(s)--Penalty for ordinance violations, V.T.C.A., Local Government Code ' 54.001; authority of city to prescribe penalties for violation of Code, V.T.C.A., Local Government Code ' 53.001; jurisdiction of municipal courts, V.T.C.A., Government Code ' 29.003.  

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