HomeMy WebLinkAboutOrd 382-2008 Regulating Issues Related to the Code of Ordinances.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. 381-,.008
AN ORDINANCE REGULATING ISSUES RELATED TO THE CITY OF
ANNA CODE OF ORDINANCES, PROVIDING FOR THE REPEAL OF
CERTAIN ORDINANCES NOT INCLUDED IN SUCH CODE; PROVIDING
FOR THE DESIGNATION OF THE CODE AND HOW IT MAY BE CITED;
PROVIDING FOR CATCHLINES OF SUCH CODE; PROVIDING FOR
CERTAIN DEFINITIONS AND RULES OF CONSTRUCTION FOR SUCH
CODE; PROVIDING FOR SUPPLEMENTATION OF THE CODE;
PROVIDING FOR THE AMENDMENT OR ADDITION TO SUCH CODE;
PROVIDING FOR SUPPLEMENTATION TO SUCH CODE;
ESTABLISHING A GENERAL PENALTY FOR VIOLATIONS OF THE
CODE AND ALL ORDINANCES OF THE CITY IN THE AMOUNT OF NOT
MORE THAN FIVE HUNDRED DOLLARS ($500.00) FOR EACH
OFFENSE, EXCEPT VIOLATIONS OF PROVISIONS THAT GOVERN
FIRE SAFETY, ZONING, AND PUBLIC HEALTH AND SANITATION,
INCLUDING DUMPING OF REFUSE; IN WHICH CASE THE MAXIMUM
PENALTY FOR VIOLATION SHALL BE TWO THOUSAND DOLLARS
($2,000.00) FOR EACH OFFENSE; PROVIDING FOR SEVERABILITY OF
PARTS OF THE CODE; AND ESTABLISHING AN EFFECTIVE DATE
FOR THIS ORDINANCE AND CODE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS:
SECTION 1
The Code of Ordinances consisting of Parts I - IV, each inclusive, signed by the
Mayor and attested by the City Secretary as of the date of this Ordinance has
been adopted and enacted as the City of Anna Code of Ordinances ("the Code"),
and shall be treated and considered as a new and original comprehensive
ordinance. This Ordinance supersedes and repeals all other general and
permanent ordinances passed by the City Council before May 13, 2008, to the
extent of any direct conflict between the Code and said other general and
permanent ordinances.
SECTION 2
Whenever in the Code or in any ordinance of the City an act is prohibited or is
made or declared to be unlawful or an offense or a misdemeanor, or wherever in
the Code or any ordinance the doing of an 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 the Code or any ordinance shall be punished by
a fine not exceeding five hundred dollars ($500.00), except for violations of
CITY OF ANNA, TEXAS ORDINANCE NO. 3R- " PAGE i OF 3
municipal ordinances that govern fire safety, zoning and public health and
sanitation including but not limited to dumping of refuse, in which case the
maximum fine shall be two thousand dollars ($2,000.00) for each offense.
Provided, however, that no penalty shall be greater or less than the penalty
provided for the same or similar offense under the laws of the State of Texas.
Each day any violation of the Code or any ordinance shall continue shall
constitute a separate offense unless otherwise designated. Any violation of any
provision of the Code which constitutes an immediate danger to the health,
safety, and welfare of the public may be enjoined in a suit brought by the City for
such purposes.
SECTION 3
Any and all amendments and additions to the Code, when passed in such form
as to indicate the intention of the City Council to make the same a part of the
Code of Ordinances, shall be deemed to be incorporated in the Code so that
reference to the "City of Anna Code of Ordinances" shall be understood and
intended to include such additions and amendments. That any and all
amendments and additions to the Code shall be adopted as individual ordinances
with deletions noted as text that is stmckthrough and additions noted as
underlined text.
SECTION 4
A copy of the Code shall be kept on file in the office of the City Secretary in
Iooseleaf form. It shall be the express duty of the City Secretary or his authorized
representative to insert in the designated places all amendments or ordinances
which indicate the intention of the City Council to make the same a part of the
Code when the same has been printed or reprinted in page form by the codifier
designated by the City Council and to extract from the Code all provisions which
may be from time to time repealed by the City Council. Such copy of the Code
shall be available for all persons desiring to examine the same at any time during
regular business hours.
SECTION 5
It shall be an offense 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 the Code in any manner whatsoever which will
cause a law of the City of Anna to be misrepresented thereby. Any person
violating this section shall be punished as provided in Section 2 of this ordinance.
CITY OF ANNA, TEXAS ORDINANCE NO.PAGE 2OF3
SECTION 6
It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses, and phrases of the Code hereby adopted are
severable and, if any phrase, clause, sentence, paragraph, or section shall be
declared unconstitutional by the valid judgment of any court of competent
jurisdiction, such unconstitutionality shall not effect any of the remaining phrases,
clauses, sentences, paragraphs, or sections, since the same would have been
enacted by the City Council without the incorporation of any unconstitutional or
invalid phrase, clause, sentence, paragraph, or section.
SECTION 7
The Code shall be admitted in evidence without further proof and the City
Secretary shall record said Code as adopted in the ordinance records of the City,
and thereafter such record shall serve as a record of the ordinances so codified
and it shall not be necessary in establishing the context of any particular
ordinance so codified to go beyond said record.
SECTION 8
That all ordinances or parts of ordinances in conflict herewith are, to the extent of
such conflict, hereby repealed. That where any section or part of the Code are in
conflict with Part IV, Schedule of Fees, the Schedule of Fees governs.
SECTION 9
That this ordinance shall take effect immediately from and after its passage and
publication, as the law in such cases provides.
DULY ADOPTED by the City Council of the City of Anna, Texas, on this the 13'"
day of May, 2008.
MENNEN-Tiz. 0
Cip Secretary, Cityof a
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