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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 .uuu CIN OF ANNA, TEXAS w •••• b /6 R.+IkNCg NQ 3,r.Z 03 PAGE 3 OF 3