Chapter 1 - GENERAL PROVISIONS^[1]

Sec. 1-1. - How Code designated and cited.
Sec. 1-2. - Rules of construction and definitions.
Sec. 1-3. - Catchlines, notes and references.
Sec. 1-4. - Provisions considered continuations of existing ordinances.
Sec. 1-5. - Certain ordinances or resolutions not affected by Code.
Sec. 1-6. - Repeal or expiration of ordinances.
Sec. 1-7. - Conflicting regulations.
Sec. 1-8. - Severability.
Sec. 1-9. - Exclusion of special or temporary ordinances.
Sec. 1-10. - Altering Code.
Sec. 1-11. - Form of Code; repository; maintenance.
Sec. 1-12. - Responsibility of city personnel with respect to assigned copies of Code.
Sec. 1-13. - Additions and amendments deemed incorporated in Code.
Sec. 1-14. - Amendment to Code; effect of new ordinances; amendatory language.
Sec. 1-15. - Supplementation of Code.
Sec. 1-16. - Interpretation of penal provisions.
Sec. 1-17. - General penalty for violations of Code; continuing violations.
Sec. 1-18. - Responsibility for violations by firms, corporations or associations.
Sec. 1-19. - Code does not affect prior offenses, rights, etc.

Sec. 1-1. - How Code designated and cited.

 The ordinances embraced in this and the following chapters, articles, divisions and sections shall constitute and be designated the "Code of Ordinances, City of Falfurrias, Texas," and may be so cited. This Code may also be referred to by the short title "Falfurrias City Code."

State law reference— Authority 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) In the construction of this Code, and of all ordinances and resolutions 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 manifest intent of the city council:

Alderman. The term "alderman" means an elected member of the city council. Aldermen may also be referred to as "councilmembers" or "city councilmembers."

Board of alderman. The term "board of alderman" means the city council of the City of Falfurrias, Texas.

City. The term "city" means the City of Falfurrias, located in San Patricio County, Texas.

City council. The term "council" or "city council" means the city council of Falfurrias, Texas, consisting of the mayor and five aldermen constituting the governing body of the city. The city council may also be referred to as the board of aldermen.

City officers, boards, commissions, departments, etc. Whenever reference is made to an officer, a board, a commission or a department, it shall be construed as if followed by the phrase "of the City of Falfurrias, Texas." Reference to an officer shall be deemed to include authorized deputies, agents or representatives to which powers or duties are delegated by such officer.

Code. The term "Code" means this Code of Ordinances.

Conjunctions. Where a provision involves two or more items, conditions, provisions, or events connected by the conjunction "and," "or," "either … or," or "neither … nor," the conjunction shall be interpreted as follows, provided that in appropriate cases the terms "and" and "or" are interchangeable:

(1) The term "and" indicates that all the connected items, conditions, provisions or events shall apply.

(2) The term "or" indicates that the connected items, conditions, provisions, or events may apply singly or in any combination.

(3) The terms "either … or" and "neither … nor" indicate that the connected items, conditions, provisions, or events shall apply singly, but not in combination.

County. The term "county" means the County of San Patricio, Texas.

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

Fee schedule or schedule of fees and charges. The term "fee schedule" or "schedule of fees and charges" means the official consolidated list included in this Code that lists rates for utility or other public enterprises, fees of any nature, deposit amounts and various charges as determined from time to time by the city council.

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.

State law reference— Similar provision, V.T.C.A., Government Code §§ 311.012, 312.003.

Governing authority, governing body. The term "governing authority" or "governing body" means the city council as defined in this section.

State law reference— References to governing body deemed to include all members, V.T.C.A., Local Government Code § 21.002.

In the city. The term "in the city" means and includes all territory over which the city now has, or shall hereafter acquire jurisdiction for the exercise of its police, regulatory and other powers.

Includes and including. The terms "includes" and "including" are terms of enlargement and not of limitation or exclusive enumeration, and use of the terms does not create a presumption that components not expressed are excluded.

State law reference— Similar provision, V.T.C.A., Government Code § 311.005(13).

Joint authority. 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.

State law reference— Similar provision, V.T.C.A., Government Code § 312.004.

Law. The term "law" means and denotes applicable federal law, the state constitution and statutes, this Code, ordinances and resolutions of the city, and, when appropriate, any and all rules and regulations that may be promulgated thereunder.

Month. The term "month" means a calendar month.

State law reference— Similar provision, V.T.C.A., Government Code § 312.011(7).

Nontechnical and technical words. Words and phrases shall be constructed according to the common and approved usage of the language; but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

State law reference— Common and technical usage of words, V.T.C.A., Government Code § 311.011.

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

State law reference— Similar provision, V.T.C.A., Government Code § 312.003(b).

Oath. The term "oath" includes an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the terms "swear" and "sworn" shall be equivalent to the terms "affirm" and "affirmed."

State law reference— Similar provision, V.T.C.A., Government Code § 312.011(8).

Official time standard. Whenever certain hours are named in this Code, they shall mean Central Standard Time or Central Daylight Saving Time, as may be officially in current use in the state.

State law reference— Similar provision, V.T.C.A., Government Code § 312.016.

Ordinance. The term "ordinance" means a legislative act of the municipal governing body of a general and permanent nature.

Owner. The term "owner," applied to a building or land, includes 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.

Person. The term "person" includes a corporation, firm, partnership, association, organization, club, society, body corporate or politic, or any other group acting as a unit, as well as a natural person.

State law reference— Similar provision, V.T.C.A., Government Code § 311.005(2).

Preceding following. The terms "preceding" and "following" mean next before and next after, respectively.

State law reference— Similar provision, V.T.C.A., Government Code § 312.011(11).

Property. The term "property" includes real and personal property.

State law reference— Similar provision, V.T.C.A., Government Code § 312.011(13).

Public place. The term "public place" includes, without limitation, any park, cemetery, school yard or open space adjacent thereto and all ways, any public street or way.

Real property, land, real estate. The terms "real property," "land" and "real estate" includes lands, tenements and hereditaments and rights thereto and interests therein.

Resolution. The term "resolution" means a legislative act of the city governing authority of a special or temporary character.

Shall, may. The term "shall" is mandatory, whereas the term "may" is permissive.

State law reference— Similar provision, V.T.C.A., Government Code § 311.016(1), (2).

Signature, subscription. The term "signature" or "subscription" of a person includes a mark when the person cannot write.

State law reference— Similar provision, V.T.C.A., Government Code § 312.011(14).

State. The term "state" means the State of Texas.

Tenant, occupant. The term "tenant" or "occupant," applied to a building or land, includes any person holding a written or oral lease or who occupies the whole or a part of such building or land either alone or with others.

State law reference— Similar provision, V.T.C.A., Government Code § 312.003(a).

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

Tex. Admin. Code. The abbreviation "Tex. Admin. Code" refers to the Texas Administrative Code.

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.

State law reference— Statutory references, V.T.C.A., Government Code § 312.008.

V.T.C.A., [subject] Code. The term "V.T.C.A., [subject] Code" identifies a specific subject matter code of legislatively adopted statutes, as classified and numbered by the Texas Legislative Council under authority of V.T.C.A., Rev. Civ. Stat. Ann. art. 5429b-1, predecessor to V.T.C.A., Government Code § 323.007.

Week. The term "week" means seven days.

Written, in writing. The term "written" or "in writing" includes any representation of words, letters or figures whether by printing or otherwise.

State law reference— Similar provision, V.T.C.A., Government Code § 312.011(17).

Year. The term "year" means 12 consecutive months.

State law reference— Similar provision, V.T.C.A., Government Code § 312.011(18).

(b) The provisions of this Code shall be liberally construed to affect 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 for which the provisions were enacted. Words shall be construed in their common and usual significance unless the contrary is clearly indicated.

State law reference— Similar definitions generally, V.T.C.A., Government Code § 312.011.

Sec. 1-3. - Catchlines, notes and references.

(a) 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, not as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.

(b) The history or source notes appearing in parentheses after sections in this Code are not intended to have any legal effect but are intended merely to indicate the source of matter contained in the section. Editor's notes, Charter references and state law references that appear after sections or subsections of this Code or which otherwise appear in footnote form are provided for the convenience of the user of the Code and have no legal effect.

(c) All references to chapters, articles, divisions, subdivisions, or sections are to chapters, articles, divisions, subdivisions, or section of this Code, unless otherwise specified.

State law reference— Headings of statutes, V.T.C.A., Government Code § 311.024; construction of statutory references, V.T.C.A., Government Code § 311.027.

Sec. 1-4. - Provisions considered continuations of existing ordinances.

 The provisions appearing in this Code, so far as they are the same as ordinances adopted prior to this Code and included in this Code, shall be considered as continuations thereof and not as new enactments.

State law reference— Repeal of statutes, V.T.C.A., Government Code §§ 311.030, 312.007.

Sec. 1-5. - Certain ordinances or resolutions not affected by Code.

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

(1) Any ordinance or resolution promising or guaranteeing the payment of money by the city, or authorizing the issuance of any bonds of the city or any evidence of the city's indebtedness or any contract, agreement, lease, deed or other instrument or obligation assumed by the city or creating interest and sinking funds;
(2) Any right or franchise, permit or other right granted by any ordinance or resolution;
(3) Any personnel regulations and any ordinance establishing salaries of city officers and employees or civil service rules;
(4) 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 such Code;
(5) Any ordinance or resolution dedicating, naming, establishing, locating, opening, paving, widening, vacating, etc., any street or public way in the city;
(6) Any ordinance or resolution relating to municipal street maintenance agreements with the state;
(7) Any ordinance or resolution establishing or prescribing grades for streets in the city;
(8) Any appropriation ordinance or ordinance providing for the levy of taxes or for adopting an annual budget;(9) Any ordinance or resolution relating to local improvements and assessments therefor;
(10) Any ordinance or resolution annexing territory to the city or discontinuing territory as a part of the city;
(11) Any ordinance or resolution dedicating or accepting any plat or subdivision in the city;
(12) Any ordinance or resolution establishing or amending personnel rules or regulations;
(13) Any ordinance or resolution establishing or amending plumbing rules or regulations;
(14) Any ordinance or resolution prescribing subdivision regulations;
(15) Any ordinance or resolution adopting the sales and use tax;
(16) Any ordinance or resolution prescribing taxicab passenger rates;
(17) Ordinance or resolutions prescribing traffic regulations for specific streets, such as ordinances establishing speed limits or designating one-way streets, no parking areas, truck routes, stop intersections, intersections where traffic to be controlled by signals, etc.;
(18) Any ordinance or resolution establishing or amending zoning or land use regulations or rezoning property;
(19) Any ordinance or resolution calling municipal elections or prescribing the manner of conducting the election in accordance with state law;
(20) Any ordinance or resolution prescribing any fee or payment of money to the city;
(21) Any ordinance or resolution creating special districts or assessing taxes therefor;
(22) Any ordinance or resolution granting specific tax exemptions;
(23) Any temporary or special ordinance or resolution;
(24) Any administrative ordinance or resolution;

and all such ordinances or resolution are hereby recognized as continuing in full force and effect to the same extent as if set out at length in this Code. Such ordinances or resolution are on file in the city secretary's office.

Sec. 1-6. - Repeal or expiration of ordinances.

(a) The repeal of an ordinance or its expiration, by virtue of any provision contained therein, shall not affect any right accrued, any offense committed, any penalty or punishment incurred or any proceeding commenced before the repeal took effect or the ordinance expired.

(b) When an ordinance which repealed another shall itself be repealed, the previous ordinance shall not be revived without express words to that effect.

State law reference— Effect of repeal of statutes, V.T.C.A., Government Code §§ 311.030, 312.007.

Sec. 1-7. - Conflicting regulations.

(a) If the provisions of different chapters conflict with each other, the provisions of each individual chapter shall control all issues arising out of the events and persons intended to be governed by that chapter.

(b) If the provisions of different sections of the same chapter conflict with each other, the provision which is more specific in its application to the events or persons raising the conflict shall control over the more general provision.

(c) If any of the provisions hereof conflict, and the conflict cannot be resolved by application of subsections (a) and (b) of this section, the more stringent regulation shall apply and the specific provision shall prevail over the general.

Sec. 1-8. - Severability.

 It is hereby declared to be the intention of the city that the sections, paragraphs, sentences, clauses and phrases of this Code are severable. 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 and sections of this Code since the same would have been enacted by the city council without the incorporation in this Code of any such unconstitutional or invalid phrase, clause, sentence, paragraph or section.

State law reference— Severability of statutes, V.T.C.A., Government Code §§ 311.032, 312.013.

Sec. 1-9. - Exclusion of special or temporary ordinances.

 Ordinances hereafter adopted which are not of a general or permanent nature shall be numbered consecutively, authenticated, published and recorded in the book of ordinances, but shall not be prepared for insertion in this Code, nor be deemed a part hereof.

Sec. 1-10. - Altering Code.

 It shall be unlawful for any person to change or amend by additions or deletions any part or portion of this Code, or to insert or delete pages or portions thereof, or to alter or tamper with such Code in any manner whatsoever, except by ordinance or resolution or other official act of the city council.

Sec. 1-11. - Form of Code; repository; maintenance.

 A copy of this Code shall be kept on file in the office of the city secretary, preserved in looseleaf form, or in such other form as the city secretary may consider most expedient. It shall be the express duty of the city secretary or his designee to insert in their designated places all resolutions, general resolutions and ordinances that indicate the intention of the city council to make the same a part of this Code, when the same have been printed or reprinted in page form, and to extract from this Code all provisions that may be from time to time repealed by the city council. A copy of this Code shall be available in the office of the city secretary for examination by all persons.

Sec. 1-12. - Responsibility of city personnel with respect to assigned copies of Code.

 Each city official or employee assigned a copy of this Code shall be responsible for maintaining the same and for the proper insertion of amendatory pages as received or by delivery of his Code copy to the employee designated by the council for insertion of amendatory pages. Each such copy shall remain the property of the city and shall be turned over by the official or employee having custody thereof, upon expiration of his term of office or employment, to his successor or to the city secretary, in case he shall have no successor.

Sec. 1-13. - 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 to make the same a part thereof, 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. 1-14. - Amendment to Code; effect of new ordinances; amendatory language.

(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 herein, or in the case of repealed chapters, sections and subsections or any part thereof, by subsequent ordinances, such repealed portions may be excluded from the Code by omission thereof from reprinted pages affected thereby, and 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.

(b) Amendments to any of the provisions of this Code should be made by amending such provisions by specific reference to the section of the Code in substantially the following language: "That section ____________ of the Code of Ordinances, City of Falfurrias, Texas, is hereby amended to read as follows: ____________ (Set out new provisions in full) ____________."

(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 Falfurrias, Texas, is hereby amended by adding a section (or article, chapter or other designation, as the case may be), to be numbered ____________, which reads as follows: ____________ (Set out new provisions in full) ____________."

(d) All sections, articles, chapters or other provisions of this Code desired to be repealed should be specifically repealed by section number, article number, chapter or other number, as the case may be.

Sec. 1-15. - 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 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 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 the preparation of 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 such 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 ____________ 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 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. 1-16. - Interpretation of penal provisions.

 The provisions of titles 1, 2 and 3 of the state penal code (V.T.C.A., Penal Code §§ 1.01 et seq., 6.01 et seq., and 12.01 et seq.) shall apply in the interpretation of all penal provisions of this Code to the extent that the penal code mandates that they shall apply.

State law reference— Concurrent jurisdiction of municipal court concerning certain violations of state statutes, V.T.C.A., Government Code § 29.003(b); municipality may not enact or enforce a law making conduct covered under state penal code an offense subject to criminal penalty, V.T.C.A., Penal Code § 1.08; municipal authority to regulate discharge of firearms in municipal limits, V.T.C.A., Local Government Code § 229.001(b).

Sec. 1-17. - General penalty for violations of Code; continuing violations.

(a) Whenever in this Code, 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, her, or it, an 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, and 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 punishable by a fine not to exceed $500.00, except as otherwise provided in this section.

(b) However, violation of ordinances, rules, regulations, or orders of the city that govern fire safety, zoning or public health and sanitation, including dumping of refuse, shall be punished by a fine not to exceed $2,000.00.

(c) Except when otherwise provided, each day any violation of this Code or of any such ordinance, rule, regulation or order shall continue shall constitute a separate offense.

State law reference— 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.

Sec. 1-18. - Responsibility for violations by firms, corporations or associations.

 If any of the terms or provisions of this Code or other ordinances is violated by any firm, corporation or association, the officers and agents actively in charge of the business of such firm, corporation or association shall be responsible for such violation and subject to prosecution therefor. If a corporation or association is adjudged guilty of an offense, the court may sentence the corporation or association to pay a fine in an amount fixed by the court, not to exceed the fine provided by the offense.

Sec. 1-19. - Code does not affect prior offenses, rights, etc.

 Nothing in this Code or the ordinance 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.

State law reference— Similar provisions, V.T.C.A., Government Code § 311.031 et seq.

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