PREFACE


Latest version.
  • This Code constitutes a recodification of the general and permanent ordinances of the City of Tomball, Texas.

    Source materials used in the preparation of the Code were the 1993 Code, as supplemented, and ordinances subsequently adopted by the City Council. 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 1978 Code, as supplemented, any section of the 1993 Code, as supplemented and any 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:

    CHARTER CHT:1
    CHARTER COMPARATIVE TABLE CHTCT:1
    CODE CD1:1
    CODE APPENDIX CDA:1
    CODE COMPARATIVE TABLES CCT:1
    STATE LAW REFERENCE TABLE SLT:1
    CHARTER INDEX CHTi:1
    CODE INDEX CDi:1

     

    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 Bill Carroll, Senior Code Attorney, and Nicole C. Fluitt, 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 Doris Speer, City Secretary, for her cooperation and assistance during the progress of the work on this publication. It is hoped that her 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.

    ORDINANCE NO. 2014-31

    AN ORDINANCE OF THE CITY OF TOMBALL, TEXAS, ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF TOMBALL, 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; PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE; DIRECTING PUBLICATION OF THE CAPTION OF THIS ORDINANCE; FINDING THAT THE MEETINGS AT WHICH THIS ORDINANCE IS CONSIDERED ARE OPEN TO THE PUBLIC; PROVIDING FOR SEVERABILITY AND THE REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING OTHER DETAILS RELATING TO THE PASSAGE OF THIS ORDINANCE.

    * * * * * * * *

    BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TOMBALL:

    Section 1. The Code entitled "Code of Ordinances, City of Tomball, Texas," published by Municipal Code Corporation, consisting of chapters 1 through 50, each inclusive, is adopted.

    Section 2. All ordinances of a general and permanent nature enacted on or before June 16, 2014, 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 that is repealed by this ordinance.

    Section 4. Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof shall be punished by a fine not exceeding five hundred dollars ($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 two thousand dollars ($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 two hundred dollars ($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.

    Each act of violation and each day upon which any such violation shall continue or 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 may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits.

    Section 5. Additions or amendments to the Code when passed in such form as to indicate the intention of the City Council 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 6. Ordinances adopted after June 16, 2014 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 7. In the event any section, paragraph, subdivision, clause, phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part of provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Tomball, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts.

    Section 8. The City Secretary of the City of Tomball, Texas, is hereby directed to publish this Ordinance in the official newspaper of the City of Tomball, Texas, in compliance with the provisions of Section 6.14(a) of the City Charter, which publication shall be sufficient if it contains the title of this Ordinance and the penalty provided for violation thereof.

    Section 9. It is hereby found and determined that the meetings at which this Ordinance was passed were open to the public, as required by Article 6252-17, V.A.T.C.S., and that advance public notice of time, place, and purpose of said meeting was given.

    Section 10.  All rights and remedies which have accrued in favor of the City under this chapter and amendments thereto shall be and are preserved for the benefit of the City.

    All ordinances in force when this Ordinance becomes effective and which ordinances are inconsistent herewith or in conflict with this Ordinance are hereby repealed, insofar as said ordinances are inconsistent or in conflict with this Ordinance.

    The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the City of Tomball, Texas, as an amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code.

    Section 11. This ordinance shall become effective October 15, 2014.

    FIRST READING:

    READ, PASSED AND APPROVED AS SET OUT BELOW AT THE MEETING OF THE CITY COUNCIL OF THE CITY OF TOMBALL, HELD ON THE 15 TH DAY OF SEPTEMBER 2014.

    COUNCILMAN HUDGENS AYE
    COUNCILMAN STOLL AYE
    COUNCILMAN DEGGES AYE
    COUNCILMAN TOWNSEND AYE
    COUNCILMAN KLEIN QUINN AYE

     

    SECOND READING:

    READ, PASSED AND APPROVED AS SET OUT BELOW AT THE MEETING OF THE CITY COUNCIL OF THE CITY OF TOMBALL, HELD ON THE 6 TH DAY OF OCTOBER 2014.

    COUNCILMAN HUDGENS AYE
    COUNCILMAN STOLL AYE
    COUNCILMAN DEGGES AYE
    COUNCILMAN TOWNSEND AYE
    COUNCILMAN KLEIN QUINN AYE

     

    /s/    Gretchen Fagan

          GRETCHEN FAGAN, MAYOR
          City of Tomball

       

    ATTEST:

    /s/   Doris Speer

          DORIS SPEER, City Secretary
          City of Tomball