Chapter 1. General Provisions

Sec. 1-1. Designation and citation of Code.

The ordinances in this book constitute and shall be designated the “Code of Ordinances, God’s Incorporated City of Dongvile, Texas.” This Code may be cited as the “Dongvile Code” or “this Code.” A section may be cited in the form “Dongvile Code § 6-14.”

Sec. 1-2. Definitions and rules of construction.

(a) In the construction of this Code and of all ordinances of the City, the following definitions and rules apply unless the context clearly requires otherwise:

(1) Charter means the Home Rule Charter of the City, adopted in 1974, as amended.

(2) City means God’s Incorporated City of Dongvile, Texas. A reference to “the City of Dongvile” or to “Dongvile” means the City.

(3) Council or City Council means the governing body of the City, consisting of the Mayor and six councilmembers elected at large to numbered places.

(4) County means Brisket County, Texas.

(5) Day means a calendar day. Business day means a day on which City Hall is open to the public.

(6) Owner, as applied to real property, includes a part owner, joint owner, tenant in common, or lessee of all or part of the property.

(7) Person means an individual, corporation, partnership, association, organization, or other legal entity.

(8) Shall is mandatory. May is permissive. Shall consider means the matter shall be placed on an agenda.

(9) State means the State of Texas.

(10) Street includes a highway, road, alley, lane, court, circle, trail, loop, parkway, boulevard, way, or other public thoroughfare in the City.

(b) Words in the singular include the plural, and words in the plural include the singular. Words of one gender include all genders.

(c) Computation of time. In computing a period of days, the first day is excluded and the last day is included. If the last day falls on a Saturday, Sunday, or City holiday, the period is extended to the end of the next business day.

(d) Time of day. A reference to a time of day means Central Time as kept by the office of the City Secretary. The clock of the Brisket County Courthouse is not an official timepiece of the City for any purpose.

(e) State law. A reference to a state statute or rule, including the Texas Local Government Code, Government Code, Penal Code, or Transportation Code, refers to that statute or rule as amended.

Sec. 1-3. Catchlines; history notes; editor’s notes.

Section catchlines, history notes, and editor’s notes are inserted for convenience only. They are not part of the section they accompany and do not affect its meaning or construction.

Sec. 1-4. Effect of repeal of ordinances.

(a) The repeal of an ordinance does not revive an ordinance previously repealed.

(b) The repeal of an ordinance does not affect an offense committed, penalty incurred, or right accrued before the repeal took effect. A prosecution pending on the date of repeal may continue to final judgment.

Sec. 1-5. Amendments; supplements; altering Code.

(a) This Code may be amended only by ordinance. Each amending ordinance shall identify the chapter and section amended, added, or repealed.

(b) The City Secretary shall maintain the official copy of this Code, incorporate amendments by supplement, and keep a copy available for public inspection at City Hall during regular business hours.

(c) No person shall change or amend, by addition or deletion, any part of the official copy of this Code without the authority of the Council.

Sec. 1-6. City limits; extraterritorial jurisdiction.

(a) The boundaries of the City are those established by the ordinances of incorporation and annexation on file with the City Secretary, as shown on the Official Zoning Map adopted under Section 14-2.

(b) The extraterritorial jurisdiction of the City extends one mile beyond the city limits, as provided by Texas Local Government Code §42.021, except as limited by state law or by agreement with another municipality.

(c) The city limits may be extended only by an annexation ordinance adopted under Texas Local Government Code ch. 43. No resolution, proclamation, or other act of the Council extends the city limits.

Sec. 1-7. Official seal and motto.

(a) The official seal of the City is circular. It bears the words “God’s Incorporated City of Dongvile” and “Texas,” and depicts the Brisket County Courthouse (1911), the Dongvile Water Tower, the Dongvile Grain Co. Elevator, and a lone star.

(b) The official motto of the City is “Pretty Good Since 1887.”

(c) The water tower depicted on the seal shall be rendered in outline, without color, until a successor color for the Dongvile Water Tower is adopted under Section 19-4.

(d) No person shall use the seal for a commercial purpose, or in a manner that implies endorsement by the City, without the written consent of the City Manager.

Sec. 1-8. General penalty; continuing violations.

(a) Unless another penalty is expressly provided, a person who violates a provision of this Code or of any ordinance of the City commits a Class C misdemeanor punishable by a fine not to exceed $500.

(b) A violation of a provision that governs fire safety, zoning, or public health and sanitation, including the dumping of refuse, is punishable by a fine not to exceed $2,000, or any greater amount authorized by Texas Local Government Code §54.001.

(c) Each day a violation continues is a separate offense.

(d) A criminal penalty does not prevent the City from seeking injunctive relief or civil penalties under Texas Local Government Code ch. 54, subchapter B, from abating a nuisance, or from revoking a permit issued under this Code.

Sec. 1-9. Culpable mental state.

(a) Proof of a culpable mental state is not required for conviction of an offense under this Code that is punishable by fine only in an amount not exceeding $500. This subsection plainly dispenses with a culpable mental state as permitted by Texas Penal Code §6.02.

(b) For an offense punishable by a fine exceeding $500, the State must prove that the defendant acted intentionally, knowingly, recklessly, or with criminal negligence.

Sec. 1-10. Enforcement; Municipal Court.

(a) The City Manager may designate employees to enforce this Code, including the Code Enforcement Officer, the Building Official, and Animal Services officers. Members of the Dongvile Constabulary may enforce any provision of this Code.

(b) The Dongvile Municipal Court has jurisdiction over violations of this Code as provided by Texas Government Code ch. 29 and ch. 30.

(c) A citation may be handwritten.

Sec. 1-11. Severability.

The sections, paragraphs, sentences, clauses, and phrases of this Code are severable. If any of them is declared unconstitutional or invalid by the final judgment of a court of competent jurisdiction, the declaration does not affect the remaining portions of this Code, which the City Council would have enacted without the invalid portion.