§ 1-11. General penalty for violations of Code; continuing violations.

(a)

Whenever in this Code or any other 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 not exceeding $500.00, except for:

(1)

Violations of municipal ordinances that govern fire, safety, zoning, public health and sanitation, including dumping of refuse, vegetation and litter violations in which the maximum fine shall be $2,000.00 for each offense; and

(2)

Violations of traffic laws which are punishable as a Class C misdemeanor shall be punished by a fine not to exceed $200.00.

However, no penalty shall be greater or less than the penalty provided for the same or similar offense under the laws of the state.

(b)

Each day any violation of this Code or of any ordinance shall continue shall constitute a separate offense. Any violation of any provision of this Code of Ordinances which constitutes an immediate danger to the health, safety, and welfare of the public may be enjoined in a suit brought by the city for such purposes. If any violation of this Code is designated as a nuisance under the provisions of this Code, such nuisance may be summarily abated by the city in addition to the imposition of a fine or imprisonment.

(c)

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 $500.00 does not require a culpable mental state, and a culpable mental state is hereby not required to prove any such offense.

(d)

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 exceeds $500.00 shall require a culpable mental state of intentionally, knowingly, recklessly or with criminal negligence.

(e)

In any prosecution in the municipal court of the city or of any other court of competent jurisdiction, a complaint charging a violation of this Code need not negate the existence of any affirmative defense or exception, but the existence of such may be raised by the defendant in any such prosecution by way of defense as provided in the Texas Penal Code. When the defendant shall rely upon any such exemption or exception as a defense or justification, the burden of proving the exemption or exception shall be upon the defendant.

(f)

The imposition of a penalty under the provisions of this Code shall not prevent the revocation or suspension of any license, franchise or permit issued or granted under the provisions of this Code.

(Code 1976, § 1-7)

State law reference

Authority of city to prescribe penalties for violation of Code, Texas Local Government Code § 53.001; penalty for ordinance violations, Texas Local Government Code § 54.001.