Loading...
HomeMy WebLinkAbout2017-3915 - Ordinance - 08/10/2017 ORDINANCE NO. 2017-3915 AN ORDINANCE ADOPTING AND ENACTING A NEW CODE OF ORDINANCES FOR THE CITY OF COLLEGE STATION, TEXAS; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE OF ORDINANCES, PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: The Code entitled "Code of Ordinances, City of College Station, Texas," (Code) published by Municipal Code Corporation, consisting of Chapters 1 through 107 and an Appendix, each inclusive, is adopted as set out in Exhibit "A," Code of Ordinances, City of College Station, Texas," attached hereto and made a part of this adopting Ordinance for all purposes. PART 2: All Ordinances enacted on or before April 13, 2017, and not included in the Code are repealed. PART 3: Any Ordinances of a general and permanent not previously codified including, but not limited to Ordinances related to zoning, franchises or City budgets are not repealed by this Ordinance and remain in full force and effect. PART 4: The repeal provided in this Ordinance shall not be construed to revive any Ordinance or part thereof that has been repealed by a subsequent Ordinance that is repealed by this Ordinance. PART 5: Except as otherwise provided by law or Ordinance, a person convicted of a Code violation shall be punished: (a) By a fine of not less than $25.00 and not more than $500.00. The $25.00 minimum fine does not apply to parking violations. (b) By a fine not less than $25.00 and not more than $2,000.00 if the violation governs fire safety,zoning,or public health and sanitation, other than the dumping of refuse. (c) By a fine of not less than $25.00 and not more than$4,000.00 if the violation governs the dumping of refuse. (d) By a fine not exceeding $500.00 if a culpable mental state for the commission of a violation of this Code is not required or been dispensed with the prosecuting attorney. ORDINANCE NO.2017-3915 Page 2 of 3 PART 6: If it is not required that a Code violation be a knowing, intentional or willful violation, then no culpable mental state is required. The penalty imposed for a violation of this Code shall not exceed or be less than the penalty prescribed by state law for the same or a similar offense. PART 7: Except as otherwise provided by law or Ordinance: (a) With respect to Code violations that are continuous with respect to time, each day that the violation continues is a separate offense. (b) With respect to other violations,each violation constitutes a separate offense. The penalty provided by this Ordinance, unless another penalty is expressly provided, shall apply to the amendment of any Code section, whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed in this ordinance, the City of College Station may pursue any other remedies available such as abatement of nuisances, injunctive relief and revocation of licenses or permits. PART 8: Additions or amendments to the Code when passed in such form as to indicate an intention to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments. PART 9: Ordinances adopted after April 13, 2017, that amend or refer to Ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code. PART 10: That if any Code provision shall be held to be void or unconstitutional,such holding shall in no way affect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 11: This Code is a penal Ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. PASSED, ADOPTED and APPROVED this this 10th day of August, 2017. ATTE T: -. APP.' 'VED: i riCkli---- Al '4 „ Ci Secre 104 M.yor AlAPP OVED: `City Attorney ORDINANCE NO.2017-3915 Page 3 of 3 Exhibit A Code of Ordinances, City of College Station, Texas That Code of Ordinances, City of College Station, Texas, published by Municipal Code Corporation, consisting of Chapters 1 through 107 and an Appendix is adopted and enacted and is to read as follows: ON FILE WITH THE CITY SECRETARY