2006M12-ISSUE CITATIONS
ORDINANCE NO. 06-M-12
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING CERTAIN OFFICIALS OF THE
CITY TO ISSUE CITATIONS AND DECLARING AN EMERGENCY
WHEREAS, the City Council (the "City Council") of the City of Schertz, Texas (the
"City") seeks to promote the public health, safety, morals, and general welfare of the City and
the safe, orderly, and healthful development of the City; and
WHEREAS, the City Council finds that state law does not provide rules and regulations
relating to issuance by non-peace officers of citations in criminal cases stemming from violations
of local ordinances; and
WHEREAS, the City Council has determined that the local administration of justice
requires that such rules and regulations exist; and
WHEREAS, the City has authority to adopt an ordinance or police regulation that is for
the good government, peace, or order of the City and that it is necessary or proper for carrying
out a power granted by law to the City; and
WHEREAS, the City Council finds that it is necessary and proper for the good
government, peace, or order of the City to adopt an ordinance regulating the issuance of citations
in criminal cases stemming from local ordinances by non-peace officers.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SCHERTZ, TEXAS:
Section 1. The City hereby adopts the following Article III of Chapter 22 of the Code
of Ordinances of the City.
"ARTICLE III. CODE ENFORCEMENT
Sec. 22-35
Short Title
This Article shall be cited as the "Notice of Violation Ordinance".
Sec. 22-36
Purpose
This Article provides procedural and substantive rules relating to the issuance of citations
by non-peace officers to defendants accused of violating criminal ordinances of the City
of Schertz.
Sec. 22-37
Application
This Article applies to the issuance of citations alleging criminal violations within the
jurisdiction of the City's municipal court. The procedures of this Article apply only to
offenses alleged to occur on or after the date of enactment.
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Sec. 22-38
(a) General
Definitions
Words and phrases used in this Article shall have the meanings set forth in this
section. Terms that are not defined below, but are defined elsewhere in the Code
of Ordinances, shall be given the meanings set forth in the Code. Words and
phrases not defined in the Code or Ordinances shall be given their common,
ordinary meaning unless the context clearly requires otherwise. When not
inconsistent with the context, words used in the present tense shall include the
future tense; words in the plural number shall include the singular number (and
vice versa). The word "shall" is always mandatory, while the word "may" is
merely directory. Headings and captions area are for reference purposes only.
(b) Specific
"City" means the City of Schertz, Texas
"Notice of Violation" means when issued in the form set forth in Section 22-41,
shall also be known and treated as a citation, and the terminology is merely to
distinguish forms issued by peace officers and shall not be afforded any legal
distinction.
"Person" means any individual, firm, partnership, association, business,
corporation, or other entity.
Sec. 22-39
Relation to Related Laws
A citation issued pursuant to this Article does not relate to the issuance of a citation by a
peace officer pursuant to Article 14.06(b) of the Code of Criminal Procedure or
Section 543.003 of the Transportation Code.
Sec. 22-40
Authority to Issue Notice of Violations
Pursuant to this Article, and the scope of their assigned duties, a notice of violation may be
issued by any of the following individuals:
(a)
(b)
(c)
(d)
(e)
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Health Inspector;
City Inspector;
Building Inspector or Official
Code Enforcement or Code Compliance officer;
Public Works Inspector;
(f)
Animal Control officers; or
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(g)
Sec. 22-41
any other individual authorized to enforce the City's Code of Ordinances.
Form and Content of Notice of Violation
Notices of violation issued under this Article must be In a form approved by the
Municipal Judge that includes the following information:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
Sec. 22-42
the name, address, date of birth, or driver's license number and physical
description, and telephone number of the person cited;
the offense for which the person is charged;
the date and location of the offense;
an appearance date;
a statement requiring the person receiving the notice of violation to appear
at a municipal court on or before the appearance date indicated on the
notice of violation;
a statement of the person's promise to respond to the citation, pursuant to
Article 27.14 of the Code of Criminal Procedure, by the appearance date
indicated on the citation, including a place for the person cited to provide
the person's signature; and
the signature of the person issuing the citation.
Pleading Subsequent to Issuance of a Notice of Violation
All pleas arising from the issuance of a notice of violation under this Article shall be
made pursuant to Article 27.14 of the Code of Criminal Procedures.
Sec. 22-43
(a)
(b)
(c)
(d)
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Issuance of Notice of Violation by Mail
Notice of Violation may be sent certified mail or regular mail consistent
with applicable City ordinances and State law for the offense alleged.
A Notice of Violation issued by mail must be in the same for and of the
same content as that contained in Section 22-41 to the extent practicable.
No warrant shall be issued for failure to appear for any Notice of Violation
issued under this Article, unless further judicial action is taken as provided
in Subsection (d) or (e) below.
If the Notice of Violation is by any manner other than personal delivery
where a signature is obtained, the Municipal Court may issue a summons
for the person with a copy of the complaint attached ordering the
appearance of the person to appear in person, by legal counsel, or in a
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manner authorized by Article 27.14 of the Texas Code of Criminal
Procedure.
(e)
If a defendant fails to appear in response to a summons, a capias warrant
may issue consistent with Article 23.03 of the Texas Code of Criminal
Procedure.
Sec. 22-44
Ordinance Violation of Written Promise to Appear
A person issued a notice of violation, as authorized by this Article, commits an offense if
the person fails to appear or enter a plea pursuant to Section 22-42 on or before the
appearance date indicated on the citation.
Sec. 22-45
Ordinance Violation Failure to Appear
A person issued a notice of violation, as authorized by this Article, commits an offense if
the person fails to appear or enter a plea pursuant to Section 22-42 on or before the
appearance date on the summons. Such a person may also be held in contempt,
consistent with State law.
Sec. 22-46
Interference or Obstruction of Issuance
A person commits an offense if the person interferes with or obstructs the issuance of a
notice of violation under this Article.
Sec. 22-47
Providing False or Fictitious Name
A person commits an offense if the person gives a false or fictitious name, address, or
other information to an individual authorized to issue a citation under this Article.
Sec. 22-48
Deferred Disposition
Any person, upon agreement with the prosecution, and by order of the Municipal Court,
may receive deferred disposition on any City code violation.
Sec. 22-49
Penalty
Each violation under this Article is a misdemeanor offense punishable upon conviction
by a fine not to exceed $500.
Sec. 22-50
Culpable Mental State
Allegation and evidence of a culpable mental state is not required for the proof of an
offense defined by this Article."
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a
part of the judgment and findings of the City Council.
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Section 3. All ordinances, or parts thereof, which are in conflict or inconsistent with
any provision of this Ordinance are hereby repealed to the extent of such conflict, and the
provisions of this Ordinance shall be and remain controlling as to the matters ordained herein.
Section 4. This Ordinance shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Ordinance or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Ordinance and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the Council
hereby declares that this Ordinance would have been enacted without such invalid provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Ordinance is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Ordinance, was
given, all as required by Chapter 551, as amended, Texas Government Code.
Section 7. By vote of not less than two-thirds of the members of the City Council
present at the meeting at which this Ordinance was first considered, the City Council has
determined that an emergency exists which requires immediate action, and this Ordinance is
hereby adopted on a single reading.
Section 8. This Ordinance shall be in force and effect from and after its final passage
and any publication required by the City Charter.
PASSED, APPROVED AND ADOPTED on first and final eading this the ::2/51 day
Of~, 2006.
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Mayor
ATTEST:
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(SEAL OF CITY)
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".
Affidavit of Publisher
PUBLIC NOT~CE
:i "'. c,., ._. '. ",><::'-<,'J~t -
ORDINANCE No. 06~r."'2-
", .
", -.AI!lQRDINANCE:6y,'rt,lE
CITY COUNCIl, OFTHE,CITY
OF SCHERTZ..JE;~" AU.
THORIZING CERMINOFFI.
, CIALS OF THE CITY TO
ISSUE" CITAl'lQNS AND
DECLARING"' AN EMER.
. SENCY.
Passad. Approveejand
Adopled:this the 21st. <lay of
March 2006.
3130
STATE OF TEXAS
COUNTY OF BEXAR
City of Schertz
Before me, the undersigned authority, on this day personally appeared Helen I. Lutz, who being
by me duly sworn, says on oath that she is Publisher of the Commercial Recorder, a newspaper of
general circulation in the City of San Antonio, in the State and County aforesaid, and that the
Ordinance No. 06-M-12 here to attached has been published in every issue of said newspaper on
the following days, to wit:
03/30/2006.
~l fl ~d
Sworn to and subscribed before me this 30th day of of March, 2006.
~ ~. () ;:ur1;~
_-:.;:o.~'1:;:;-.. STELLA A. OROZCO
,:&:~<;'o'; NOTARY PUB~IC
~'~*i STm onEXAS
1".~'!I~.Jl My Comm. exp, g:'..i'''~~~9