08-E Adding Sections to Chapter 18 Municpal Ct
CITY OF PARIS, TEXAS
CITY COUNCIL AGENDA REQUEST
MEETING DATE: November 12, 2007
[Xl Action [] Discussion []Information [] Refer to:
SUBMITTED BY: Legal Department
DESCRIPTION: This ordinance amends the Code of Ordinances by adding two new sections
to Article II, Municipal Court, Chapter 18, Judicial Department, of the City Code of Ordinances,
Section 18-25 provides language authorizing Code Inspectors to issue citations for violations of the
City Code of Ordinances and Section 18-26 entitled, Failure to Appear, authorizes a complaint to
be filed against a person who receives a citation and fails to appear in the Municipal Court within
10 days of receipt of citation.
BACKGROUND INFORMATION: Section 54.004 of the Local Government Code authorizes
home-rule cities to enforce ordinances necessary to protect health, life, and property and to
preserve the good government, order, and security of a city and its inhabitants. By adding Sections
18-25 and 18-26 to Chapter 18 of the City Code of Ordinances, City Code Inspectors will be
authorized to issue citations for violations of the City Code and the Municipal Court Clerk will be
authorized to issue a failure to appear citation to any person that fails to appear at Municipal Court
to answer their code citation.
FISCAL AUTHORITY:
GRANT: Account #:
BOND/CO Account #
Other: See attached for recommended funding
ADDITIONAL MATERIALS:
LEGAL REVIEW:
MANAGER'S RECOMMENDATION:
, - r T-1I'-'
DRAFT
f:attorneylordworklcurrentlCitations & Failure to Appear by Code Inspectors Ord 2007
October 26, 2007
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS, AMENDING ARTICLE II OF CHAPTER 18 OF THE PARIS
CODE OF ORDINANCES BY ADDING NEW SECTIONS 18-25
AUTHORIZATION FOR CODE INSPECTORS TO ISSUE CITATIONS, AND
18-26 FAILURE TO APPEAR; PROVIDING AUTHORIZATION FOR CODE
INSPECTORS TO ISSUE CITATIONS AND CREATING THE OFFENSE OF
FAILURE TO APPEAR; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A
SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE;
AND DECLARING AN EFFECTIVE DATE.
WHEREAS, Section 54.004 of the Local Government Code authorizes home-rule cities to
enforce ordinances necessary to protect health, life, and property and to preserve the good
government, order, and security of the city and its inhabitants; and
WHEREAS, the City Council in furtherance of enforcing prosecution of violations of the City
of Paris Code of Ordinances and to enhance the efficiency of prosecution of violations of the Code
of Ordinances in the City of Paris Municipal Court, hereby creates the offense of failure to appear
in the City of Paris Municipal Court after the issuance of a Citation for violation of the Code of
Ordinances ofthe City of Paris, Texas.
WHEREAS, in order to protect and maintain the health, safety, and welfare of the citizens
of the City of Paris, the City Council desires to grant authority to City of Paris Code Inspectors to
initiate and begin prosecution against persons in the City of Paris Municipal Court by issuing
citations for violations of the City of Paris Code of Ordinances; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby in all things
approved.
Section 2. That the Code of Ordinances of the City of Paris, Texas, be, and the same is
hereby, amended by adding a new Section 18-25 entitled Authorization for Code Inspectors to issue
Citations, to Article II, Chapter 18 to read as follows:
r"',.r'
"Sec.18-25. Authorization for Code Inspectors to issue Citations.
"A Code Inspector of the City of Paris, Texas is hereby granted the authority
to initiate and begin Municipal Court prosecution against a person for a violation of
the Code of Ordinances of the City of Paris in the City of Paris Municipal Court by
the issuance of a Citation, a copy of which Citation shall be given to the person so
charged at the time the Citation is issued. The original of the Citation shall be filed
with the Clerk of the Municipal Court of the City of Paris, Texas, a copy of the
Citation shall be given to the person charged with a violation of the Code of
Ordinances of the City of Paris, Texas, and a copy shall be kept by the Code
Inspector. The Citation shall specifically identify the date, time, place and specific
section of the Code of Ordinances that has been violated. It shall include the name,
address, telephone number and any other pertinent identifying information of the
person so charged, the name of the Code Inspector, and the telephone number and
address of the Municipal Court of the City of Paris, Texas. It shall also include the
wording, "You are hereby notified to appear in the Municipal Court of the City of
Paris, Texas at 2910 Clarksville Street on or before the expiration often (10) days of
the date of this citation to answer a complaint for the offense of: " ", which wording
shall be in bold print and in a font larger than the rest ofthe wording that appears on
the Citation. The Citation shall also include wording that a failure to appear after ten
(10) days of the issuance of the Citation constitutes a separate offense."
Section 3. That the Code of Ordinances of the City of Paris, Texas, be and the same is
hereby, amended by adding a new Section 18-26 entitled Failure to Appear, to Article II, Chapter 18
to read as follows:
"Sec. 18-26. Failure to Appear.
"It shall be unlawful for a person to intentionally or knowingly fail to appear in the
Municipal Court for the City of Paris, Texas, following the expiration of ten (10)
days after the issuance of a Citation for violation of the Code of Ordinances of the
City of Paris, Texas, which Citation has been issued by a Code Inspector of the City
of Paris, Texas and a copy of which was given to that person. It is a defense to
prosecution under this section that the person had a reasonable excuse, capable of
being verified, for his failure to appear. A person commits a misdemeanor in
violation of this section regardless of the disposition of the charge or charges made
in the Citation. A person violating this section shall be deemed guilty of a
misdemeanor and, upon conviction, shall be fined in accordance with Section 1-6 of
the Code of Ordinances of the City of Paris, Texas."
2
Section 4. That all provisions of the ordinances ofthe City of Paris, Texas in conflict with
the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the
City of Paris not in conflict with the provisions ofthis ordinance shall remain in full force and effect.
Section 5. That the repeal of any ordinance or part of ordinances affected by the enactment
of this ordinance shall not be construed as abandoning any action now pending under or by virtue
of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to
accrue, or as affecting any rights ofthe municipality under any section or provisions of any ordinance
at the time of passage of this ordinance.
Section 6. That it is the intention of the City Council of the City of Paris that this ordinance,
and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of
any section, clause, or provisions of this ordinance shall not affect the validity of any other portion
of this ordinance.
Section 7. That any person violating any of the provisions of this ordinance shall be guilty
of a Misdemeanor, and, upon conviction, shall be fined in accordance with Section 1-6 ofthe Code
of Ordinances of the City of Paris, Texas, and each and every day's continuance of any violation of
the above-enumerated sections shall constitute and be deemed a separate offense.
Section 8. That this ordinance shall become effective immediately after passage and
publication as required by law.
PASSED AND ADOPTED this 12th day of November, 2007.
Jesse James Freelen, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
3
r. 'T _..