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Sec. 1-1. - Designation and citation of Code.#
The ordinances embraced in this and the following chapters shall constitute and be designated the "Code of Ordinances, City of Burnet, Texas," and may be so cited.
(Code 1979, ch. 1, § 1)
State Law reference— Authority of city to adopt codification of civil and criminal ordinances, V.T.C.A., Local Government Code § 53.001 et seq.
Sec. 1-2. - Definitions and rules of construction.#
In the construction of this Code, and of all ordinances and resolutions passed by the council, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the council:
Chapter. Whenever the words "section," "subsection," "division," or "article," are used, they shall pertain to the chapter or section of this Code of Ordinances in which they are found, unless specifically and clearly in reference to a separate chapter or section.
City. The words "the city" or "this city," shall mean the City of Burnet in the County of Burnet, in the State of Texas.
City council. Whenever the words "city council" or "the council," are used, they shall mean the city council of Burnet in the County of Burnet in the State of Texas.
Code. Whenever the term "Code" or "this Code" is referred to without further qualification, it shall mean the Code of Ordinances, City of Burnet, Texas, as designated in section 1-1.
Computation of time. Whenever a notice is required to be given or an act to be done a certain length of time before any proceeding shall be had, the day on which such notice is given or such act is done shall not be counted in computing the time, but the day on which such proceeding is to be had shall be counted. State Law reference— Computation of time, V.T.C.A., Government Code § 311.014.
County. The words "the county" and "this county" mean Burnet County, Texas.
Gender. Throughout this Code, words used expressing masculine gender shall be construed to include the feminine and neuter. State Law reference— Similar provisions, V.T.C.A., Government Code § 311.012(c).
Number. The singular includes the plural, and the plural includes the singular. State Law reference— Similar provisions, V.T.C.A., Government Code § 311.012(b).
Officers, employees, departments, boards, commissions, agencies. Any reference to an officer, employee, department, board, commission or agency shall be construed as if followed by the words "of the City of Burnet, Texas."
Or, and. "Or" may be read "and" and "and" may be read "or," if the sense requires it.
Person. The word "person" shall mean and include an individual human, partnership, co-partnership, firm, company, limited liability partnership or other partnership or other such company, joint venture, joint stock company, trust, estate, governmental entity, association or corporation or any other legal entity, or their legal representatives, agents or assigns, or any individual human or legal entity with control over a partnership, co-partnership, firm, company, limited liability partnership or other partnership or other such company, joint venture, joint stock company, trust, estate, governmental entity, association or corporation or any other legal entity. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context. State Law reference— Similar provisions, V.T.C.A., Government Code § 311.005(2).
Shall, may. The word "shall" is mandatory; the word "may" is permissive.
State. The words "the state" or "this state" mean the State of Texas.
Tense. Words used in the past or present tense include the future as well as the past and present. Words used in the future tense include the present. State Law reference— Similar provisions, V.T.C.A., Government Code § 311.012(a).
Vernon's Ann. C.C.P. The designation "Vernon's Ann. C.C.P." means Vernon's Annotated Code of Criminal Procedure, as amended from time to time.
Vernon's Ann. Civ. St. The designation "Vernon's Ann. Civ. St." means Vernon's Annotated Civil Statutes, as amended from time to time.
V.T.C.A. The designation "V.T.C.A." means Vernon's Texas Codes Annotated, as amended from time to time.
(Code 1979, ch. 1, § 3; Ord. No. 2005-12, § 3, 8-9-05)
State Law reference— Code Construction Act, V.T.C.A., Government Code § 311.001 et seq.; construction of Local Government Code, V.T.C.A., Local Government Code § 1.002; application of Penal Code definitions, V.T.C.A., Penal Code § 1.03.
Sec. 1-3. - Section catchlines and other headings.#
The catchlines of the several sections of this Code are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections, nor as any part of the sections, nor, unless expressly so provided, shall they be so deemed when any such sections, including the catchlines, are amended or reenacted. No provision of this Code shall be held invalid by reason of deficiency in any such catchline or in any heading or title to any chapter, article or division.
(Code 1979, ch. 1, § 2)
State Law reference— Headings in state codes, V.T.C.A., Government Code § 311.024.
Sec. 1-4. - History notes.#
The history notes appearing in parentheses after sections in this Code are not intended to have any legal effect but are merely intended to indicate the source of matter contained in the sections.
Sec. 1-5. - Editor's notes and references.#
The editor's notes, cross references and state law references in this Code are not intended to have any legal effect but are merely intended to assist the user of this Code.
Sec. 1-6. - General penalty for violations of code.#
(a)
Whenever in this 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 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 this Code or any such ordinance shall be punished by a fine of not less than $1.00 and not more than $500.00 except:
(1)
A fine or penalty for the violation of a rule, ordinance, or police regulation that governs fire safety, zoning, or public health and sanitation, other than the dumping of refuse, may not exceed $2,000.00; and
(2)
A fine or penalty for the violation of a rule, ordinance, or police regulation that governs the dumping of refuse may not exceed $4,000.00.
(b)
However, no penalty shall be greater or less than the penalty provided for the same or similar offense under the laws of the state. Each day any violation of this Code or of any ordinance shall constitute a separate offense.
(c)
The city may bring a civil action, as necessary, to enjoin any threatened violation of this Code for the protection of public health and safety.
(d)
Unless otherwise specifically set forth in this Code, or in state law as adopted, allegations and evidence of culpable mental state are not required for proof of an offense for which the maximum fine is $500.00 or less.
(Code 1979, ch. 1, § 5; Ord. No. 2018-13, § 1, 8-14-18; Ord. No. 2021-41, §§ 1, 2, 10-26-21; Ord. No. 2022-09, § 1, 2-22-22; Ord. No. 2024-08, § 2, 3-12-24)
State Law reference— Amount of fine or penalty imposed by the city, V.T.C.A., Local Government Code § 54.001; abatement of health nuisances, V.T.C.A., Health and Safety Code § 341.011 et seq.; jurisdiction of municipal court, V.T.C.A., Government Code § 29.003.
Sec. 1-7. - Severability of parts of Code.#
If any provision, section, sentence, clause or phrase of this Code, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void, invalid or unenforceable, the validity of the remaining portions of this Code or its application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the city council in adopting, and of the mayor in approving this Code, that no portion of this Code or provision or regulation contained in this Code shall become inoperative or fall by reason of any unconstitutionality or invalidity of any other portion, provision or regulation.
(Code 1979, ch. 1, § 6; Ord. No. 94-3, § VII, 4-26-94)
State Law reference— Severability of statutes, V.T.C.A., Government Code §§ 311.032, 312.013.
Sec. 1-8. - Amendments or additions to Code.#
(a)
All ordinances passed subsequent to the adoption of this Code, which amend, repeal or in any way affect this Code, may be numbered in accordance with the numbering system of this Code and printed for inclusion therein. When subsequent ordinances repeal any chapter, section or subsection, or any portion of the Code, such repealed portions may be excluded from the Code by omission from reprinted pages.
(b)
Any and all additions and amendments to this Code, when passed in such form as to indicate the intention of the council to make such additions and amendments a part of this Code, shall be deemed to be incorporated in this Code, so that a reference to the Code shall be understood and intended to include such additions and amendments.
(c)
Amendments to any of the provisions of this Code shall be made by amending such provisions by specific reference to the section number of this Code in the following language: "That chapter _____, section _____ of the Code of Ordinances, City of Burnet, Texas, is hereby amended to read as follows:…." The new provisions shall then be set out in full as desired.
(d)
If a new section not heretofore existing in the Code is to be added, the following language shall be used: "That chapter _____ of the Code of Ordinances, City of Burnet, Texas, is hereby amended by adding a section, to be numbered section _____, which section reads as follows:…." The new section shall then be set out in full as desired.
(e)
All sections, articles, chapters or provisions desired to be repealed shall be specifically repealed by section, article or chapter number, as the case may be.
(Code 1979, ch. 1, § 4)
Sec. 1-9. - Supplementation of Code.#
(a)
By contract or by city personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the council. A supplement to the Code shall include all substantive parts of permanent and general ordinances passed by the council during the period covered by the supplement and all changes made thereby in the Code. The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of adoption of the latest ordinance included in the supplement.
(b)
In the preparation of a supplement to this Code, all portions of the Code which have been repealed shall be excluded from the Code by the omission thereof from reprinted pages.
(c)
When preparing a supplement to this Code, the codifier (meaning the person authorized to prepare the supplement) may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may:
(1)
Organize the ordinance material into appropriate subdivisions.
(2)
Provide appropriate catchlines, headings and titles for sections and other subdivisions of the Code printed in the supplement, and make changes in such catchlines, headings and titles.
(3)
Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing section or other subdivision numbers.
(4)
Change the words "this ordinance" or words of the same meaning to "this chapter," "this article," "this division," etc., as the case may be, or to "sections _____ to _____" (inserting section numbers to indicate the sections of the Code which embody the substantive sections of the ordinance incorporated in the Code).
(5)
Make other nonsubstantive changes necessary to preserve the original meaning of the ordinance sections inserted into the Code, but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code.
Sec. 1-10. - Actions and ordinances not affected by Code.#
Nothing in this Code or the ordinance adopting this Code shall affect any of the following: (1)
Any event, offense or act committed or done, or any penalty or forfeiture incurred, or any contract or right established or accruing 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 right or franchise granted by the city;
(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;
(7)
Any ordinances establishing or prescribing grades for streets in the city;
(8)
Any appropriation ordinance or ordinance providing for the levy of taxes or for an annual budget or for salaries of city officers or employees;
(9)
Any ordinance relating to local improvements and assessments therefor;
(10)
Any ordinance annexing territory to the city or discontinuing territory as a part of the city;
(11)
Any ordinance dedicating or accepting any plat or subdivision in the city;
(12)
Any ordinance enacted after the effective date of this Code;
(13)
Any ordinance consistent with this Code pertaining to zoning or amending the city zoning map;
(14)
Any ordinance pertaining to the holding of municipal elections;
(15)
Any ordinance pertaining to traffic control devices or speed limits;
(16)
Any ordinance pertaining to economic development service electrical rates;
(17)
Any ordinance consistent with this Code pertaining to the Texas Municipal Retirement System;
(18)
Any temporary or special ordinance;
and all such actions and ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length in this Code.
(Ord. of 1-23-79, § 3)
Sec. 1-11. - Reserved.#
Editor's note— Ord. No. 2018-13, § 2, adopted Aug. 14, 2018, repealed § 1-11 which pertained to culpable mental state not being required and derived from Ord. No. 2005-12, § 4, adopted Aug. 9, 2005.
Sec. 1-12. - Caption posting policy.#
The City of Burnet shall, for any ordinance imposing a fine or penalty, publish a caption summarizing the purpose of an ordinance and the penalties for violating an ordinance and publish the caption in a paper of general circulation twice following adoption of the ordinance.
(Ord. No. 2024-18, § 2, 7-23-24)