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

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Published 1994 by Order of the City Commission

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Adopted November 15, 1994

Effective November 15, 1994

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OFFICIALS

of the

CITY OF

COMMERCE, TEXAS

AT THE TIME OF THIS CODIFICATION

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Marna Martinez

Mayor

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John Sands, Mayor Pro Tem

Jason Cunningham

Billie Biggerstaff

Shawn Pannell

City Commission

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Roger McKinney

City Manager

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James Faires

City Attorney

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Carol Roberts

City Secretary

PREFACE

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:

Indexes

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.

Acknowledgments

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.

ADOPTING ORDINANCE

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.

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.

ATTEST:

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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.

(seal)

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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