CHAPTER 1

GENERAL PROVISIONS

   ARTICLE 1.100  CODE OF ORDINANCES

   Sec. 1.101     Adoption

There is hereby adopted the Code of Ordinances of the City of Krugerville as compiled, edited and published by Franklin Legal Publishing, Inc.

   Sec. 1.102     Designation and Citation of Code

The ordinances embraced in this and the following chapters, articles and sections shall constitute and be designated the “Code of Ordinances, City of Krugerville, Texas,” and may be so cited.

   Sec. 1.103     Catchlines of Articles and Sections

The catchlines of the several articles and sections of this code are intended as mere catchwords to indicate the contents of the article section and shall not be deemed or taken to be titles of such articles and sections, nor as any part of the articles and sections, nor, unless expressly so provided, shall they be so deemed when any of such articles and sections, including the catchlines, are amended or reenacted.

   Sec. 1.104     Definitions and Rules of Construction

In the construction of this code, and of all ordinances and resolutions passed by the city council, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the city council:

Generally.  Words shall be construed in their common and usual significance unless the contrary is clearly indicated.

City and Town.  Each means the City of Krugerville, Texas.

Council. Whenever the words “council” or “this council” or “the council” are used, they shall mean the city council of the City of Krugerville, Texas.  “Board of aldermen” as used herein shall refer to the city council.

City Manager, City Secretary, Chief of Police or Other City Officers. The words “city manager,” “city secretary,” “chief of police” or other city officers or departments shall be construed to mean the city manager, city secretary, chief of police or such other municipal officers or departments, respectively, of the City of Krugerville, Texas.

County. The term “county” or “this county” shall mean the County of Denton, Texas.

May. Is permissive.

Month.  The word “month” shall mean a calendar month.

Must and Shall. Are each mandatory.

Number. Any word importing the singular number shall include the plural and any word importing the plural number shall include the singular.

Oath. The word “oath” shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words “swear” and “sworn” shall be equivalent to the words “affirm” and “affirmed.”

Official Time Standard. Whenever certain hours are named herein they shall mean standard time or daylight-saving time as may be in current use in the city.

Owner. The word “owner,” applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety, or the whole or of a part of such building or land.

Person. The word “person” shall extend and be applied to associations, corporations, firms, partnerships and bodies politic and corporate as well as to individuals.

Property. Means and includes real and personal property.

Real Property. Means and includes lands, tenements and hereditaments.

Sidewalk. Means that portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.

Signature or Subscription.  Shall include a mark when a person cannot write.

State.  The words “the state” or “this state” shall be construed to mean the State of Texas.

Street. Shall have its commonly accepted meaning and shall include highways, sidewalks, alleys, avenues, recessed parking areas and other public rights-of-way including the entire right-of-way.

Tense.  Words used in the past or present tense include the future as well as the past and present.

V.T.C.S., V.T.P.C., V.T.C.C.P., V.T.C.A.  Refer to the divisions of Vernon's Texas Statutes Annotated.

Written or In Writing.  The term “written” or “in writing” shall be construed to include any representation of words, letters, or figures, whether by printing or otherwise.

Year.  Shall mean a calendar year.

   Sec. 1.105     Severability of Parts of Code

It is hereby declared to be the intention of the city council that the sections, paragraphs, sentences, clauses and phrases of this code are severable and, if any phrase, clause, sentence, paragraph or section of this code shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this code, since the same would have been enacted by the city council without the incorporation in the code of any such unconstitutional phrase, clause, sentence, paragraph or section.

   Sec. 1.106     Repeal of Ordinances

The repeal of an ordinance or any portion thereof shall not repeal the repealing clause of an ordinance or revive any ordinance which has been previously repealed.

   Sec. 1.107     Amendments or Additions to Code

All ordinances of a general and permanent nature, and amendments to such ordinances, hereinafter enacted or presented to the city council for enactment, shall be drafted, so far as possible, as specific amendments of, or additions to, the Code of Ordinances. Amendments to this code shall be made by reference to the chapter and section of the code which is to be amended, and additions shall bear an appropriate designation of chapter, article and section; provided, however, the failure so to do shall in no way affect the validity or enforceability of such ordinances.

   Sec. 1.108     Supplementation of Code

(a)     By contract or by city personnel, supplements to this code shall be prepared and printed whenever authorized or directed by the city council.  A supplement to the code shall include all substantive permanent and general parts of ordinances passed by the city council or adopted by initiative and referendum during the period covered by the supplement and all changes made thereby in the code.  The pages of a supplement shall be so numbered that they will fit properly into the code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the code will be current through the date of the adoption of the latest ordinance included in the supplement.

(b)     In preparing a supplement to this code, all portions of the code which have been repealed shall be excluded from the code by omission thereof from reprinted pages.

(c)     When preparing a supplement to this code, the codifier (meaning the person, agency or organization authorized to prepare the supplement) may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code.  For example, the codifier may:

(1)      Organize the ordinance material into appropriate subdivisions;

(2)      Provide appropriate catchlines, headings and titles for articles, sections and other subdivisions of the code printed in the supplement and make changes in such catchlines, headings and titles;

(3)      Assign appropriate numbers to articles, sections and other subdivisions to be inserted in the code and, where necessary to accommodate new material, change existing article or section or other subdivision numbers;

(4)      Change the words “this ordinance” or words of the same meaning to “this chapter,” “this article,” “this section,” “this subsection,” etc., as the case may be; and

(5)      Make other nonsubstantive changes necessary to preserve the original meaning of ordinance articles or sections inserted into the code; but, in no case, shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the code.

   Sec. 1.109     General Penalty for Violations of Code; Continuing Violations

Whenever in this code or in any ordinance of the city an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in such code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefore, the violation of any such provisions of this code or any such ordinance shall be punished by a fine of not exceeding five hundred dollars ($500.00). However a fine or penalty for the violation of a rule, ordinance or police regulation that governs fire safety, zoning or public health and sanitation including the dumping of refuse may not exceed two thousand dollars ($2,000.00); provided, however, that no penalty shall be greater or less than the penalty provided for the same or a similar offense under the laws of the state. Each day any violation of this code or of any ordinance shall continue shall constitute a separate offense. In the event that any such violation is designated as a nuisance under the provisions of this code, such nuisance may be summarily abated by the city.   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.

(Ordinance adopting Code)

   Sec. 1.110     Service of Notice or Complaints

Unless expressly prohibited by state law, any requirement that a notice or a complaint be given or served as a prerequisite to the enforcement of this code provision shall be deemed satisfied if personal service upon the person or business entity entitled to the service is given, notwithstanding the fact that this particular code section requires or provides that service shall be given in an manner other than personal service, such as service by mail or by other form of nonpersonal service. (Ordinance 2013-003 adopted 3/20/13)

   ARTICLE 1.200  ELECTIONS

   Sec. 1.201     Effect of State Election Laws

     

Except where otherwise provided herein, the general election laws of the state, insofar as applicable, shall control all elections, general and special, held by the city.

   Sec. 1.202     Terms and Places of Council and Mayor

     

(a)     Section II of Article XI of the Texas Constitution provides that a city, town, or village operating under the general laws of the state shall elect a mayor and city council members for two-year terms. The city acknowledges that it is a general law city operating under said laws of the state and hereby sets the terms of office for mayor and city council members as two (2) year terms. The council members shall be elected from the city at large, and each council member shall be elected to and occupy a place on the council, such places being numbered and designated 1, 2, 3, 4, 5 and mayor.

(b)     In accordance with the Texas Constitution, it has been determined that governing body members serving as officers of the city may be designated by “place” numbers.  The existing places of the city council shall be replaced with the following “place” numbers as herein described.

Existing Place

 

New “Place” Number

   

At-Large

 

Place 1

At-Large

 

Place 2

At-Large

 

Place 3

At-Large

 

Place 4

At-Large

 

Place 5

Mayor

 

Mayor

          

   Sec. 1.203     Dates of Elections

     

All regular elections for mayor and city council members shall be held on such date as is prescribed by state law or city ordinance not in conflict therewith.  In order to preserve the current terms of office, the mayor and council members for Places 2 and 4 shall be elected in even-numbered years, and the council members for Places 1, 3, and 5 shall be elected in odd-numbered years. The city council shall have the power to call such special elections as they deem proper.

State law references–Election dates, V.T.C.A., Election Code, ch. 41; notice of special elections, V.T.C.A., Election Code, ch. 4

   Sec. 1.204     Election Procedures

     

All election procedures for the city shall be as governed by the laws of the state for municipal elections, and as provided by city ordinance not in conflict therewith.

(Ordinance 2005-017 adopted 12/8/05)

   ARTICLE 1.300  NOTICE OF CLAIMS*

   Sec. 1.301     Notice Required

(a)     The City of Krugerville, Texas, shall never be liable for any such claim for property damage or for personal injury, whether such personal injury results in death or not, unless the person damaged or injured, or someone in his behalf, or in the invent the injury results in death, the person or persons who may have a cause of action under the law by reason of such death or injury, shall, within sixty (60) days for good cause shown from the date the damage was received, give notice in writing to the mayor and city council of the following facts:

(1)     The date and time when the injury occurred and the place where the injured person or property was at the time when the injury was received.

(2)     The nature of the damage or injury sustained.

(3)     The apparent extent of the damage or injury sustained.

(4)     A specific and detailed statement of how and under what circumstances the damage or injury occurred.

(5)     The amount for each claimant will settle.

(6)     The actual place of residence of each claimant by street, number, city and state on the date is presented.

(7)     In case of personal injury or death, the names and addresses of all persons who, according to the knowledge or information of the claimant witnessed the happening of the injury of any part thereof and the names of the doctors, if any, to whose care the injured person is committed.

(8)     In case of property damage, the location of the damaged property at the time the claim was submitted along with the names and addresses of all persons who witnessed the happening of the damage or any part thereof.

(b)     No suit of any nature whatsoever shall be instituted or maintained against the City of Krugerville, Texas unless the plaintiff therein shall ever prove that previous to the filing of the original petition the plaintiff applied to the city council for redress, satisfaction, compensation, or relief, as the case may be, and that the same was by vote of the city council refused.

   Sec. 1.302     Filing of Notice

All notices required by this article shall be effectuated by serving them upon the city administrator at the following location: 100 Kruger Road, Krugerville, Texas 76227-9532, and all such notices shall be effective only when actually received in the office of the person named above.  

   Sec. 1.303     Exceptions in Cases of Actual Notice

(a)     The above written notice requirements shall be waived if the city has actual knowledge of death, injury or property damage likely to result in a claim against the city. The city shall not be deemed to have actual knowledge unless that knowledge is attributable to an appropriate city official whose job duties include the authority to investigate and/or settle claims against the city.

(b)     Notice requirements shall likewise be waived in cases in which the plaintiff can demonstrate good cause or civil rights violations.

   Sec. 1.304     Notice to be Sworn To

The written notice required under this article shall be sworn to by the person claiming the damage or injuries or by someone authorized by him to do so on his behalf. Failure to swear to the notice as required herein shall not render the notice fatally defective, but failure to so verify the notice may be considered by the city council as a factor relating to the truth of the allegations and to the weight to be given to the allegations contained therein.

(Ordinance adopting Code)

   ARTICLE 1.400  RECORDS MANAGEMENT*

   Sec. 1.401     Policy

It is hereby declared to be the policy of the City of Krugerville to provide for efficient, economical, and effective controls over the creation, distribution, organization, maintenance, use, and disposition of all records of this office through a comprehensive system of integrated procedures for the management of records from their creation to their ultimate disposition, consistent with the requirements of the Local Government Records Act and accepted records management practice.

   Sec. 1.402     Definition of Records of the City of Krugerville

All documents, papers, letters, books, maps, photographs, sound or video recordings, microfilm, magnetic tape, electronic media, or other information recording media, regardless of physical form or characteristic and regardless of whether public access to it is open or restricted under the laws of the state, created or received by the city or any of its officers or employees pursuant to law or in the transaction of public business are hereby declared to be the records of the city, and shall be created, maintained, and disposed of in accordance with the provisions of this article or procedures authorized by it and in no other manner.

   Sec. 1.403     Records Declared Public Property

All records as defined in Section 1.402 of this article are hereby declared to be the property of the city. No official or employee of the city has, by virtue of his or her position, any personal or property right to such records even though he or she may have developed or compiled them. The unauthorized destruction, removal from files, or use of such records is prohibited.

   Sec. 1.404     Records Management Officer

The city secretary shall serve as records management officer for the city, as provided by law, and shall ensure that the maintenance, destruction, electronic storage, or other disposition of the records of the city, are carried out in accordance with the requirements of the Local Government Records Act.

   Sec. 1.405     Records Control Schedules

Appropriate records control schedules issued by the state library and archives commission shall be adopted by the records management officer for use in the city as provided by law. Any destruction of records of the city will be in accordance with these schedules and the Local Government Records Act.

(Ordinance 2004-005 adopted 5/25/04)

   ARTICLE 1.500 PARKS

   Sec. 1.501     Title

This article shall be known and cited as the parks ordinance.

   Sec. 1.502     Definition

For the purpose of article, the following terms, phrases, words and their derivations shall have the meaning given herein:

Director. The city council or person appointed by the city council, or the designee.

Park. A park, playground, or any other area in the city owned or used by the city, and devoted to active or passive recreation.

Vehicle. Any motor vehicle as defined in Section 12.701 of this code. This definition includes any animal drawn or self-propelled vehicle, not otherwise included in the above sections. Vehicles used for emergency, police, or park purposes (city-owned) are exempt from this definition.

   Sec. 1.503     Prohibited Acts

It shall be unlawful for any person in a park, including the parking lot of a park, to:

(1)     Operate, manipulate, fly or cause to be operated, manipulated or flown any model airplane with a motor driven propeller.

(2)     Camp, sleep or stay overnight.

(3)     Possess, bring in, or use any glass container.

(4)     Possess or consume any alcoholic beverages. Possess or consume prohibited substances, as defined in Texas Health and Safety Code, chapters 481–483, as amended, within five hundred feet (500') of park property.

(5)     Make or kindle a fire, except in picnic grills, or designated areas provided for that purpose.

(6)     Damage, move, cut, break, injure, deface or disturb any tree, shrub, plant, rock, building, monument, fence, bench, equipment or other structure, apparatus or property.

(7)     Hunt, molest, harm, frighten, kill, trap, chase, tease, shoot or throw any object at any animal, reptile or bird, or remove or have in his possession the young of any wild animal, or the eggs or nest or young of any reptile or bird. An exception to this prohibition is made for snakes known to be deadly and/or poisonous, such as rattlesnakes, coral snakes, or other deadly reptiles, which may be killed on sight.

(8)     Ride a horse or any other animal, except on vehicular roads.

(9)     Ride, drive or park any vehicle (other than a motor-assisted scooter or wheelchair used for personal mobility) upon, over or across any park, sidewalk, grass, lawn, or parkland except in designated areas. This provision is not applicable to city motor vehicles or emergency vehicles.

(10)     Operate a vehicle in an unsafe or reckless manner or in such a way as to damage property.

(11)     Allow a vehicle to remain unattended for a period of more than 24 hours.

(12)     Park or operate a commercial motor vehicle, as defined in Section 12.401 of this code, at any time.

(13)     Ignite or otherwise cause to explode, discharge or burn, any firecracker, torpedo, rocket, or other fireworks or explosive.

(14)     Carry a firearm, except those persons who are duly licensed by the state to carry a concealed handgun in accordance with the provisions of the Texas Concealed Weapons Act, as amended.

(15)     Carry (unless permitted under subsection (14) above) or discharge firearms, BB guns, bows and arrows, slingshots, blowguns, rockets or paintball guns unless authorized by the director. Possess a prohibited weapon, as defined in Texas Penal Code chapter 46, as amended.

(16)     Hit golf balls except in designated areas.

(17)     Distribute, post, place or erect any static or mobile advertising, handbill, circular, bill, notice, paper or other advertising device.

(18)     Sell or offer for sale any food, drinks, confections, merchandise or service.

(19)     Practice, carry on, conduct or solicit for any trade, occupation, business or profession, or to circulate any petition for any purpose other than political, religious or charitable speech.

(20)     Enter an area posted as “closed” or to use or abet the use of any area in violation of posted notices.

(21)     Construct, modify, or erect any building or structure of whatever kind, whether permanent or temporary in character, or run or string any public service utility into, upon, or across such lands.

(22)     Disturb or interfere unreasonably with any person, party, picnic, meeting, service, concert, exercise or exhibition occupying any area or participating in any activity under authority of the city.

(23)     Use, operate, or allow to be used or operated any device for the reproduction or augmentation of sound in such manner as to disturb the peace, quiet or comfort of persons. The operation of any such sound-reproducing or augmentation device in such manner as to be plainly audible at a distance of 100 feet or more from the source of the sound shall be prima facie evidence of a violation of this subsection. For the sound to be plainly audible, words or phrases need not be distinguishable; bass reverberations are sufficient. This prohibition shall not apply to city-sponsored entertainment events.

(24)     Participate or engage in any activity when such activity will create a danger to the public, or a public nuisance, or cause damage to public park property.

(25)     Bring or allow a dog onto park property when the dog is not on a leash.

(26)     Fail to collect and properly dispose of animal waste from an animal in/under the person's care, custody or control.

   Sec. 1.504     Interference with Program

(a)     No person shall willfully interfere with, disrupt or prevent the orderly conduct of any supervised play or amusement program being conducted by the city in any building, swimming pool, playground, golf course or park area located in or on any public property within the city.

(b)     No person shall remain in any building, swimming pool, playground or park area located in or on any public property within the city, after being advised by the director that he is interfering with, disrupting or preventing the orderly conduct of activities in the park area, and after having been asked to leave any building, swimming pool, playground or park area located in or on any public property within the city.

   Sec. 1.505     Closing Hours

All parks shall be closed to the public between the hours of 9:00 p.m. and 5:00 a.m. each day.

(1)     This section shall not apply to the following persons if in the park in the performance of their duties: Peace officers, physicians, ambulance operators or attendants, employees of the city, and employees of public utility companies.

(2)     In the case of parks through which there are dedicated streets used for general travel (that is, not merely for access to the interior of the park) this section shall not apply to persons traveling through the park on such dedicated streets.

(3)     The director may grant permission for civic or educational meetings or entertainments to be held in a park at any designated hours, and this section shall not apply to persons who are in the park in accordance with the terms of such permission.

(4)     The city shall place legible signs in each park stating the hours when the park is closed. At least two (2) signs shall be placed in each park; and in parks which have vehicular entrances, there shall be a sign at each entrance.

   Sec. 1.506     Approval of Organized Events, Meetings, Etc.

(a)     Use of park facilities, including but not limited to specific events, fields, and pavilions, for tournaments, camps, organized sporting events, and games must be prescheduled with and approved by the director.

(b)     The city council shall have the authority to issue special permits or grant exceptions or waivers to any of the terms of this article for authorized events and activities.

(c)     No person shall advertise an event, meeting or activity or the time, permitted hours, or usage of any event, meeting, or activity to be held or conducted in a park facility unless such event, meeting or activity and advertisement of such event, meeting, or activity and the time, permitted hours, or usage has been approved by the city council.

   Sec. 1.507     Responsibility for Damages and Cost of Services

The person, group, organization or entity reserving the use of a park facility shall be responsible for all damages to city property and for the cost of any park maintenance services or emergency or public safety services, including police and fire, provided to, at or dispatched to the park facility as a result of such persons, group's or organization's misuse or improper or unlawful use of the park facility.

   Sec. 1.508     Penalty; Civil Remedies; Towing of Vehicles

(a)     Criminal Penalty. Any person, firm or corporation violating any of the provisions or terms of this article shall be guilty of a misdemeanor and upon conviction in the municipal court of the city shall be subject to a fine not to exceed the sum of five hundred dollars ($500.00) for each offense, except where a different penalty has been established by state law for such offense, and for any violation of any provision which governs public health or sanitation, which shall be punished by a penalty of fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense, and each and every day such offense is continued shall constitute a new and separate offense.

(b)     Civil Remedies. The criminal penalty provided in this section is independent of any other civil remedy which may be available for any violation or threatened violation of any provision of this article.

(c)     Towing of Vehicles. Vehicles, including commercial motor vehicles, found to be in violation of this article shall be subject to towing at the owner's expense without notice.

(Ordinance 2011-006 adopted 7/7/11)