Appendix 1995. CODE OF ORDINANCES CITY OF HILSHIRE VILLAGE, TEXAS

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GENERAL ORDINANCES OF THE CITY

PUBLISHED IN 1995 BY THE ORDER OF THE CITY COUNCIL

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GOVERNMENTAL SERVICE AGENCY, INC.
9500 Forest Lane, Suite 408
Dallas, Texas 75243

CITY OF HILSHIRE VILLAGE, TEXAS

ORDINANCE NO. 436

"ORDINANCE ADOPTING CODE OF ORDINANCES"

AN ORDINANCE OF THE CITY OF HILSHIRE VILLAGE, TEXAS, ADOPTING AND ENACTING A NEW CODE OF ORDINANCES, ESTABLISHING THE SAME AND PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED IN SUCH CODE AS WELL AS PROVIDING FOR EXCEPTIONS; PROVIDING FOR THE DESIGNATION OF SUCH CODE AND HOW IT MAY BE CITED; PROVIDING FOR CATCHLINES USED IN THE NEW CODE; PROVIDING FOR CERTAIN DEFINITIONS AND RULES OF CONSTRUCTION FOR THE NEW CODE; PROVIDING FOR AMENDMENTS OR ADDITIONS TO THE NEW CODE; PROVIDING FOR THE SUPPLEMENTATION OF THE NEW CODE; PROVIDING FOR SEVERABILITY OF ALL PARTS OF THE NEW CODE; ESTABLISHING A DATE FOR JURY TRIALS IN THE MUNICIPAL COURT; PROVIDING FOR SPECIFIC EXCEPTIONS TO THE NOTICE OF CLAIMS REQUIREMENTS; PROVIDING FOR THE APPLICABILITY OF THE TEXAS ELECTION CODE; REVISING FEE AMOUNTS FOR EXCESSIVE FALSE BURGLAR ALARMS; ESTABLISHING REGULATIONS FOR DANGEROUS DOGS; CLARIFYING THE APPEAL BOARD FOR FLOOD HAZARD REGULATION APPEALS; ESTABLISHING NOTICE PROCEDURES FOR TALL WEED AND GRASS VIOLATIONS; REVISING DEFINITIONS USED IN REGULATION OF JUNKED AND ABANDONED VEHICLES; CLARIFYING JURISDICTION OF THE MUNICIPAL COURT; INCLUDING EXCEPTION TO PLAT FILING REQUIREMENTS; ESTABLISHING ADDITIONAL NOTICE AND HEARING REQUIREMENTS FOR CERTAIN REPLATS; ESTABLISHING A GENERAL SPEED LIMIT IN THE CITY; PROVIDING FOR THE ADOPTION AND RETENTION OF THE ZONING ORDINANCE; AND ESTABLISHING AN EFFECTIVE DATE FOR THIS ORDINANCE AND THE NEW CODE OF ORDINANCES.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HILSHIRE VILLAGE, TEXAS:

SECTION 1

That the Code of Ordinances, consisting of Chapters 1 through 12 and including Appendix A and B provided with and attached to this Ordinance, each inclusive, is hereby adopted and enacted as the Code of Ordinances of the City of Hilshire Village, Texas, and shall be treated and considered as a new and original comprehensive ordinance, which shall superseded all other general and permanent ordinances passed by the City Council on or before October 18, 1994, to the extent provided herein in this Ordinance. "Code of Ordinances" or "Code" shall refer to that new code adopted under the provisions herein.

SECTION 2

That all provisions of such Code shall be in full force and effect from and after the 21st day of November, 1995, and all ordinances of a general and permanent nature of the City of Hilshire Village, Texas, enacted on or before and not included in this Code or recognized and continued in force by reference herein, are hereby repealed from and after the 21st day of November, 1995, except as hereinafter provided.

SECTION 3

(a)

That the repeal provided for in Section 2 above shall not affect any of the following:

(1)

Any events or act committed or done, or any penalty or forfeiture incurred, or any contract or right established or occurring before the effective date of this Code.

(2)

Any ordinance promising or guaranteeing the payment of money for the City, or authorizing the issuance of any bonds of the City, or any evidence of the City's indebtedness.

(3)

Any contract or obligation assumed by the City.

(4)

Any franchise granted by the City and their amendments.

(5)

Any ordinance dedicating, naming, establishing, locating, relocating, opening, paving, widening, vacating, or affecting the right-of-way of any street or public way in the City.

(6)

Any ordinance relating to municipal street maintenance agreements with the State of Texas.

(7)

Any appropriation ordinance or ordinance providing for the levy of taxes or for adoption of an annual budget.

(8)

Any ordinance relating to local improvements and assessments therefor.

(9)

Any ordinance annexing territory to the City including their related service plans, or any ordinance discontinuing territory as a part of the City.

(10)

Any ordinance dedicating or accepting any plat or subdivision in the City.

(11)

Any ordinance pertaining to the calling of municipal elections, appointing of election officers, or ratifying the results of any election.

(12)

Any ordinance establishing rates to be charged by privately or semi-publicly owned utility companies.

(13)

Any ordinance amending the zoning district map, approving planned development districts, or pertaining to the issuance of specific use permits or the granting of variances.

(14)

Any ordinance enacted on or after October 18, 1994.

(b)

The repeal provided for in Section 2 shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this Ordinance.

SECTION 4

(a)

That whenever in the Code of Ordinances or any ordinance of the City previously adopted by the City Council, 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 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 such Code or any such ordinance shall be punished by a fine not exceeding five hundred dollars ($500.00), except for:

(1)

violations of municipal ordinances that govern fire safety, zoning and public health and sanitation including dumping of refuse, in which case the maximum fine shall be two thousand dollars ($2,000.00) for each offense; and for

(2)

violations of traffic laws and ordinances which are punishable as a Class C misdemeanor, in which case the maximum fine shall not exceed two hundred dollars ($200.00).

(b)

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 such Code of Ordinances or any ordinance shall continue shall constitute a separate offense unless otherwise designated. Any violation of any provision of such Code of Ordinances 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 5

That any and all amendments and additions to such Code of Ordinances, 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 such Code of Ordinances so that reference to the "Code of Ordinances of the City of Hilshire Village, Texas," shall be understood and intended to include such additions and amendments.

SECTION 6

That in case of the amendment of any article or section of the Code of Ordinances for which a penalty is not provided, the general penalty as provided in Section 4 hereof shall apply to the article or section as amended, or, in case such amendment contains provisions for which a penalty other than the aforementioned general penalty is provided, the penalty so provided in existing article or section shall be held to relate to the article or section so amended, unless the penalty is specifically repealed therein.

SECTION 7

That a copy of the Code of Ordinances shall be kept on file in the office of the City Secretary in looseleaf form. It shall be the express duty of the City Secretary, or someone authorized by the City Secretary, 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 such Code of Ordinances when the same has been printed or reprinted in page form by the codifier designated by the City Council and to extract from such Code all provisions which may be from time to time repealed by the City Council. Such copy of such Code shall be available for all persons desiring to examine the same at any time during regular business hours.

SECTION 8

That it shall be an offense for any person to change or amend, by additions or deletions, any part or portion of this Code of Ordinances, or to insert or delete pages or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause a law of the City of Hilshire Village to be misrepresented thereby. Any person violating this section shall be punished as a misdemeanor offense.

SECTION 9

That the following provisions included and as printed in this Code of Ordinances are hereby adopted by the City Council by reference for inclusion therein:

(1)

Article 1.100 pertaining to the designation and citation of the Code of Ordinances, providing for the use of catchlines in the Code, providing for definitions and general rules of construction for the Code, providing for amendments or additions to the Code, providing for supplementation of the Code, and providing that parts of the Code are severable.

(2)

Article 1.400(b) providing that jury trials in municipal court shall be held on the fifth Wednesday (or, alternatively, on Thursday) of each month.

(3)

Section 1.806 providing exceptions to the required notice of claims against the City in cases of civil rights claims, actual notice of the intended claim, and good cause.

(4)

Article 1.900 providing that in all City elections, the provisions of the Texas Election Code (V.T.C.A., Election Code) shall be applicable.

(5)

Section 1.1308 providing that alarm fees shall be imposed for each false alarm in excess of five (5) in the preceding twelve (12) month period and further providing that the fee to be imposed for each excessive response shall be fifty dollars ($50.00).

(6)

Article 2.1400 defining and regulating dangerous dogs including the requirement of liability insurance in the amount of $100,000 to cover damages resulting from an attack by a dangerous dog causing bodily injury to a person and requiring dangerous dogs to be registered with the City and payment of an annual registration fee.

(7)

Section 3.316 providing that the City Council shall act as the appeal board in cases of requests for variances from the City's flood damage prevention regulations.

(8)

Section 6.104 providing for notice of violations of tall weeds and grass to be given by means of posting notice of a violation of the regulations on tall weeds or grass on the door of a building or on a placard attached to a stake driven into the ground on the property to which the violation relates, if no buildings exist on the property; and allowing the City to inform persons in this notice that should a violation of the same kind occur within one (1) year, the City may correct the violation without providing further notice to the property owner.

(9)

Section 7.501 providing for all new definitions to be used in the regulation of junked and abandoned vehicles, said definitions being in accordance with state law on the subject.

(10)

Section 8.109 providing for the concurrent jurisdiction of the municipal court and the justice of the peace in cases where the maximum fine is five hundred dollars ($500.00).

(11)

Section 9.103 providing that no plat preparation is required in cases where the land being divided into parts greater than five (5) acres where each part has access and no public improvement is being dedicated.

(12)

Section 9.119 requiring notice and public hearing if an area to be replatted requires a variance and was assigned interim or permanent single family zoning or was restricted in the same manner by deed restrictions and further providing that if twenty percent (20%) or more of the property owners to whom notice has been required to be given file a written protest of the replatting before or at the public hearing, then the affirmative vote of at least three-fourths (¾) of the City Council is required to approve the replat.

(13)

Section 10.201(a) providing for a general speed of thirty (30) miles per hour in the city, unless posted otherwise.

(14)

Article 12.100 providing that the zoning ordinance of the City is specifically saved from repeal and to be located as Exhibit "A" to Chapter 12 of the Code of Ordinances.

SECTION 10

That whenever in such Code provisions, adopted in Section 9 of this Ordinance, an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or wherever in such Code provisions 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 shall be punished by a fine not exceeding five hundred dollars ($500.00), except for violations of municipal ordinances that govern fire safety, zoning and public health and sanitation including dumping of refuse, in which case the maximum fine shall be two thousand dollars ($2,000.00) for each offense and for violations of traffic laws and ordinances, in which the maximum fine shall be two hundred dollars ($200.00). 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 such Code provisions shall continue shall constitute a separate offense unless otherwise designated. Any violation of any provision 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 11

That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of the Code of Ordinances 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 phrase, clause, sentence, paragraph, or section.

SECTION 12

That all ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.

SECTION 13

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 Hilshire Village, Texas, on the 21st day of November, 1995.

APPROVED:

	/s/ Steve Tacconelly       Mayor,       City of Hilshire Village

ATTEST:

/s/ Jane Fisher       City Secretary,       City of Hilshire Village