CODE OF ORDINANCES CITY OF COMMERCE, TEXAS, Code of Ordinances, Commerce (2023)

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  • ____________

    Published 1994 by Order of the City Commission


    Adopted November 15, 1994

    Effective November 15, 1994




    of the





    Marna Martinez


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    John Sands, Mayor Pro Tem

    Jason Cunningham

    Billie Biggerstaff

    Shawn Pannell

    City Commission


    Roger McKinney

    City Manager


    James Faires

    City Attorney


    Carol Roberts

    City Secretary

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    This Code constitutes a complete recodification of the general and permanent ordinances of the City of Commerce, Texas.

    Source materials used in the preparation of the Code were the 1969 Code, as supplemented through January 21, 1992, and ordinances subsequently adopted by the city commission. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of the 1969 Code, as supplemented, and any subsequent ordinance included herein.

    The chapters of the Code have been conveniently arranged in alphabetical order, and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code.

    Chapter and Section Numbering System

    The chapter and section numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two parts separated by a dash. The figure before the dash refers to the chapter number, and the figure after the dash refers to the position of the section within the chapter. Thus, the second section of chapter 1 is numbered 1-2, and the first section of chapter 6 is 6-1. Under this system, each section is identified with its chapter, and at the same time new sections can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 6-1 and 6-2 is desired to be added, such new section would be numbered 6-1.5. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject. The next successive number shall be assigned to the new article or division. New chapters may be included by using one of the reserved chapter numbers. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters.

    Page Numbering System

    The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes:

    CODE CD1:1


    The indexes have been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the indexes themselves which stand as guideposts to direct the user to the particular item in which the user is interested.

    Looseleaf Supplements

    A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up-to-date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.

    Keeping this publication up-to-date at all times will depend largely upon the holder of the publication. As revised pages are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.

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    This publication was under the direct supervision of Alyce A. Whitson, Supervising Editor, and Robert McNaughton, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.

    The publisher is most grateful to James Faires, City Attorney, Roger McKinney, City Manager, and Camille Poteet, former City Secretary, for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the city readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the city's affairs.

    Tallahassee, Florida


    ORDINANCE NO. 94-20

    An Ordinance Adopting and Enacting a New Code for the City of Commerce, Texas; Providing for the Repeal of Certain Ordinances Not Included Therein; Providing a Penalty for the Violation Thereof; Providing for the Manner of Amending Such Code; and Providing When Such Code and This Ordinance Shall Become Effective; Providing a Savings Clause; and Declaring an Emergency.

    Be it Ordained by the City Council of the City of Commerce, Texas:

    Section 1. That the Code entitled "Code of Ordinances, City of Commerce, Texas" published by Municipal Code Corporation consisting of Chapters 1 through 98, each inclusive, is adopted.

    Section 2. All ordinances of a general and permanent nature enacted on or before July 20, 1993, and not included in the Code or recognized and continued in force by reference therein, are repealed.

    Section 3. The repeal provided for in Section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this ordinance.

    Section 4. WHEREAS, if any section, sub-section, word, sentence, or phrase of this ordinance is declared to be invalid, it shall not effect the validity of this ordinance.

    Section 5. Unless another penalty is expressly provided, every person convicted of a violation of any provisions of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof, governing fire, safety, zoning or public health and sanitation, including the dumping of refuse, shall be punishable by a fine not exceeding $2,000.00, and the violation of any other provision of this Code, or of any other ordinance, shall be punishable by a fine not exceeding $500.00; provided, however, that no penalty shall be greater or less than a penalty provided for the same or a similar offense under the laws of the state. Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code section whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the city council may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits.

    Section 6. Additions and amendments to the Code when passed in the form as to indicate the intention of the City of Commerce, Texas to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments.

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    Section 7. Ordinances adopted after July 20, 1993, that amend or refer to ordinances that have been codified in the Code, shall be construed as if they amend or refer to like provisions of the Code.

    Section 8. WHEREAS, This ordinance is declared to be an emergency measure, necessary for the preservation of the health, safety, and welfare of the City of Commerce, Texas, and the inhabitants thereof; therefore, all rules and regulations providing for the reading of ordinances more than one time or on more than one occasion be and the same are hereby suspended, and this ordinance is passed and shall take effect as an emergency measure, and shall be and remain in full force and effect as herein provided from and after its passage and approval.

    NOW, THEREFORE, This ordinance shall take effect and be in force from and after its passage and approval.

    PASSED AND APPROVED at a regular meeting of the City Commission of the City of Commerce, Texas, on this the 15th day of November, 1994.


     \Carol Roberts, City Secretary

    Marna Martinez, Mayor


    I, Carol Roberts, Secretary of the City of Commerce, Texas do hereby certify that the above is a true and correct copy of an ordinance, and that the same has not been repealed and is in full force and effect.


    Carol Roberts, City Secretary
    City of Commerce, Texas

    SWORN TO AND SUBSCRIBED BEFORE ME, on this the 17th day of November, 1994, to certify which witness my hand and seal of office.

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    Joni L. Sneed
    Notary Public, State of Texas


Can a city ordinance supercede a state law in Texas? ›

Under the home-rule amendment of the Texas Constitution, however, a municipality cannot adopt an ordinance that conflicts with or is inconsistent with state law.

Who can enforce city ordinances in Texas? ›

(a) The governing body of a municipality may enforce each rule, ordinance, or police regulation of the municipality and may punish a violation of a rule, ordinance, or police regulation.

What is the maximum fine for a violation of a city ordinance in Texas? ›

Ordinance violations involving litter, fire safety, zoning, public health, and sanitation are punishable by fines only, up to a maximum of $2,000. Punishment for violation of other types of city ordinances is limited to fines only, not to exceed $500.

How are local ordinances enforced? ›

Civil Enforcement

A city or county can file a civil lawsuit to enforce a law, remedy a wrong, or protect a right. If someone is violating an ordinance, the city or county may sue for an injunction, civil penalties, or both. An injunction is a court order requiring a party to take or refrain from certain action.

Can you sue a city for not enforcing codes in Texas? ›

Like police officers, code enforcement officers have a legal defense (qualified immunity) and generally cannot be sued unless a court has previously ruled that what you say they did was illegal. You may have better luck suing the local government the code enforcement officer works for.

What happens if a local ordinance conflict with a state law? ›

A local ordinance will be preempted by state law when it is in express conflict with state or federal law. there is no direct conflict if the state or federal government has fully occupied the area of law in general.

Can code enforcement enter my backyard in Texas? ›

Accordingly, unless an exception applies, an administrative search warrant is required before a code enforcement officer or code enforcement official may enter onto private property to conduct administrative inspections of residential or commercial premises for code violations.

Who has the power to declare an ordinance? ›

They can only be issued when Parliament is not in session. They enable the Indian government to take immediate legislative action. Ordinances cease to operate either if Parliament does not approve of them within six weeks of reassembly, or if disapproving resolutions are passed by both Houses.

What are local ordinance violations? ›

A few examples of ordinance violations include: Violating local speed limits. Operating a vehicle while Intoxicated (OWI) Constructing illegal structures on one's property. Creating or allowing excessive noise from one's domestic animals.

What is a non reportable offense in Texas? ›

NON-REPORTABLE. OFFENSES BY. LAW ENFORCEMENT. • Probation violation, parole violation, bond forfeitures or release of surety.

Which court has jurisdiction over violation of city ordinances? ›

Hence, on principle, the municipal courts may for like reason take judicial notice of all city ordinances of a general nature, or those having a general obligatory force throughout the city.

What are local ordinance laws? ›

An ordinance is a law or decree by a municipality. Put differently, an ordinance is a local law. Usually ordinances forbid or restrict some type of activity.

What is the difference between a local law and an ordinance? ›

An ordinance is a local law adopted with all the legal formality of a statute. The California Constitution allows a county or city to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations that do not conflict with the state's own general laws.

What makes an ordinance valid? ›

Anent the first criterion, ordinances shall only be valid when they are not contrary to the Constitution and to the laws. The Ordinance must satisfy two requirements: it must pass muster under the test of constitutionality and the test of consistency with the prevailing laws.

Does code enforcement drive around looking for violations? ›

Proactive code enforcement refers to officers driving around, taking notes, snapping photos and issuing warnings and citations.

Can code enforcement look over my fence Texas? ›

No. Code Enforcement Officers cannot look over, under or through privacy or screening fences to view a violation. Code Officers can only inspect complaints that can be seen from public view such as a street, alley, or from another property with the property owner's consent.

What is negligence in Texas? ›

| Last updated December 20, 2022. Failing to exercise the degree of care expected of someone in order to minimize the risk of harm to another is considered "negligence," the legal basis for many personal injury cases.

On what grounds can an ordinance be challenged? ›

Supreme Court's Judgement on Ordinances

Union of India (1970) held that the President's decision to promulgate ordinance could be challenged on the grounds that 'immediate action' was not required, and the ordinance had been issued primarily to bypass debate and discussion in the legislature.

How do you invalidate an ordinance? ›

Courts must exercise the highest degree of circumspection when called upon to strike down an ordinance; for, to invalidate legislation on baseless suppositions would be, to borrow the words of a former Chief Justice, "an affront to the wisdom not only of the legislature that passed it, but also of the executive that ...

Can ordinance violate fundamental rights? ›

No, because Article 13 of India's constitution says that any law, ordinance, order, rule, practice, bye-law which contradicts or violates the fundamental rights given in Part Three would be considered invalid.

Can a Texas game warden come on private property? ›

Can game wardens go on private property anytime they want to? Section 12.103(a), Parks and Wildlife Code, allows Texas Game Wardens to enter on any land or water where wild game or fish are known to range or stray to enforce the game and fish laws of the state.

Can police come on private property in Texas? ›

To enter this area, police need to have either a Search Warrant or Warrant of Arrest. The big difference between your home, Patios, Porches, Police, and Backyards in Texas is that the inside of your home isn't in plain view.

What does the ordinance power do? ›

The President has the power to issue executive orders. An executive order is a directive, rule, or regulation that has the effect of law. The power to issue these orders, the ordinance power, arises from two sources: the Constitution and acts of Congress.

Is ordinance a type of law? ›

An ordinance is a law that is promulgated by the President of India only when the Indian parliament is not in session. President promulgates an ordinance on the recommendation of the union cabinet.

Who can declare an ordinance invalid? ›

Section 2233 of the Administrative Code only confers upon the provincial board the power to declare invalid an ordinance passed or enacted by the municipal council beyond the powers conferred upon it by law.

Can a local ordinance supersede national law? ›

The Supreme Court already ruled that an ordinance cannot provide additional requirements on top of the requirements already required under a national law as it shall impede the exercise of rights granted to it in a general law and/or make a general law subordinate to a local ordinance (Villacorta vs.

Does state law preempt local law? ›

Preemption refers to laws at one level of government taking precedence over laws of a lower level. As such, no entity at the lower level can pass a law that allows action that would violate the higher-level law. Federal laws take precedence over state and local law, and state law can take precedence over local law.

Does ordinance become a law? ›

Ordinances are laws that are promulgated by the President of India on the recommendation of the Union Cabinet, which will have the same effect as an Act of Parliament. They can only be issued when Parliament is not in session. They enable the Indian government to take immediate legislative action.

What is a city ordinance how is it different from a law? ›

An ordinance is the name typically used for a law passed by a local political subdivision, such as a city, county, village, or town. Ordinances may address a wide variety of local issues, from local government structure to speed limits and sign sizes.

Are local bylaws enforceable? ›

Byelaws are enforced by the local authority through the magistrates' court and contravening a byelaw can result in a fine upon successful conviction. Byelaws are considered measures of last resort after a local council has tried to address the local issue the byelaw applies to through other means.

Are local laws called ordinances? ›

An ordinance is a local law adopted with all the legal formality of a statute.

What is the Tenth Amendment? ›

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Which law has more priority than the state and local law? ›

The Constitution as Preemptive Force in US Law

The US Constitution takes precedence over all statutes and judicial decisions that are inconsistent.


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