ORD 2006-27 - Amend Code of Ordinances Culpable Mental State 10-13-2006ORDINANCE NO. 2006 -27
AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS,
AMENDING THE CITY OF HUNTSVILLE'S CODE OF ORDINANCES;
AND PROVIDING FOR THE FOLLOWING: FINDINGS OF FACT;
CULPABLE MENTAL STATE; GENERAL PENALITIES FOR
VIOLATIONS; REPEALER; SEVERABILITY; EFFECTIVE DATE;
REQUIREMENT FOR PUBLICATION; AND PROPER NOTICE AND
MEETING.
WHEREAS, the City Council of the City of Huntsville, Texas, seeks to provide for the
health, safety and welfare of its citizens; and
WHEREAS, an amendment to the Texas Penal Code enacted by the 791" Texas
Legislature requires the inclusion of a culpable mental state for certain offenses defined by
municipal ordinance; and
WHEREAS, the Council seeks to amend that portion of the City of Huntsville's Code of
Ordinances relating to the general penalty for violations of the Code to add a general provision
relating to culpable mental states;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF HUNTSVILLE, COUNTY OF WALKER, STATE OF TEXAS:
I. FINDINGS OF FACT:
All of the above premises are hereby found to be true and correct legislative and factual findings
of the City of Huntsville, Texas, and are hereby approved and incorporated into the body of this
ordinance as if copied in their entirety.
II. AMENDMENT
Section 2.01.08 of the City of Huntsville, Texas, Code of Ordinances is hereby revised and
amended to read as follows:
Section 2.01.08 General penalty; continuing violations; culpable mental
state.
(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 any act is
required or the failure to do any act is declared to be unlawful, where no
specific penalty is provided therefore, the violation of any such provision of
this Code or such ordinance shall be punished by a fine of not exceeding five
hundred dollars ($500.00); provided, however, that no penalty shall be greater
City of Huntsville, Texas Culpable Mental State Ordinance
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or less than the penalty provided for the same or a similar offense under the
laws of the state. Each day any violation of this Code or other ordinance of the
city shall continue shall constitute a separate offense.
(b) Unless otherwise specifically stated within the provisions of this
Code, any violation of this Code or of any ordinance set forth herein that is
punishable by a fine that does not exceed the amount authorized by Section
12.23 of the Texas Penal Code does not require a culpable mental state, and a
culpable mental state is hereby not required to prove any such offense.
(c) Unless otherwise specifically stated with in the provisions of
this Code, any violation of this Code or of any ordinance set forth herein that
is punishable by a fine that exceeds the amount authorized by Section 12.23 of
the Texas Penal Code shall require a culpable mental state of "criminal
negligence."
III. REPEALER
All ordinances or parts of ordinances in force when the provisions of this Ordinance becomes
effective which are inconsistent or in conflict with the terms and provisions contained in this
Ordinance are hereby repealed only to the extent of any such conflict.
IV. SEVERABILITY
It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences,
paragraphs and sections of this ordinance be severable, and if any phrase, clause, sentence,
paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment
or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of
the remaining phrases, clauses, sentences or sections of this ordinance, and the remainder of this
Ordinance shall be enforced as written.
V. EFFECTIVE DATE
This Ordinance shall take effect ten (10) after its passage by the City Council. The City
Secretary shall publish the caption of this ordinance in the official City newspaper at least twice
within ten (10) days of its passage.
VI. PROPER NOTICE AND MEETING
It is hereby officially found and determined that the meeting at which this Ordinance was passed
was open to the public and that public notice of the time, place and purpose of said meeting was
given as required by the Open Meetings Act, Chapter 551 of the Texas Government Code.
Notice was also provided as required by Chapter 52 of the Texas Local Government Code.
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READ, PASSED, AND ADOPTED THIS 11 DAY OF (,/ d6 /p- , 2006.
F
ATTEST:
Danna Welter, City Secretary
APPROVED AS TO FORM:
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Thomas A. Leep r, City Attorney
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