HomeMy WebLinkAbout87-2725' 328
ORDINANCE NO. 87-2725
AN ORDINANCE AMENDING CHAPTER ONE, GENERAL PROVISIONS,
OF THE PLAINVIEW CITY CODE PROVIDING FOR A GENERAL
PENALTY FOR CERTAIN OFFENSES; AS SUCH ARE DEFINED BY
STATE LAW.
WHEREAS, the 70th Legislature of the State of Texas has
amended Article 1011, V.T.C.A. and Section 29.003 of the Local
Government Code; and
WMRREAS, such amendments have expanded the municipal
courts jurisdiction in regard to the amount of the fine allowed;
and
WHEREAS, the City Council of the City of Plainview, Texas
finds it to be in the best interest of the citizens to adopt
said State Law, as it will apply to the Municipal Court of the
City of Plainview.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of Plainview, Texas that:
Section 1-5. General Penalty;
hereby amended to read as follows:
Continuing Violations. is
Section 1-5. General Penalty; Continuing Violations.
(a) Whenever in this code or in any ordinance of the City
an act is prohibited or is made or is declared to be unlawful
for an offense or a misdemeanor, or whenever in such code of
ordinance the doing of an act is required or the failure to do
any act is declared to be unlawful, where no specific penalty is
provided therefore, the violation of such provision of this code
or any such ordinance shall be punished by a fine not exceeding
the amount allowed by state law, as such amounts are set forth
in Art. 1011, V.T.C.A. and ~29.003, Local Governments Code.
(b) Any person who shall aid, abet or assist in the
violation of any provision of this code or any other ordinance
shall be deemed guilty of a misdemeanor and upon conviction
shall be punished as provided in Section 1-5(a).
(c) In any prosecution for the violation of any provisions
of this code, it shall be necessary for the complaint to be
negative or for the State to provide an exception contained in
this code concerning any prohibited act; provided, however,
that any such exception made therein may be urged as a defense
by the person charged by such complaint.
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(d) In the event that any such violation is designated as
a nuisance under the provisions of this code, such nuisance may
be summarily abated by the police department of the City.
Provided, however, that the imposition of any such fine for any
violation shall not constitute an estoppel or other any against
such violation available at law.
(Code 1957, Chapter 1, Section 5; Charter references -
authority to impose fines, Section 84; to prescribe fines and
penalties, Section 178; state law reference - authority of city
to prescribe penalties for violation of code of ordinances,
Article 1011, V.T.C.A.; Section 29.003, Local Government Code)
PASSED and APPROVED on FIRST READING this the 27th day of
October, 1987.
PASSED and APPROVED on SECOND READING this the 10th day of
November, 1987.
E. V. RIDLEHUBER, Mayor
ATTEST :'
APPROVED AS TO FORM:
DAVID BLACKBURN, Assistant City Attorney
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