TITLE I: GENERAL PROVISIONS

   CHAPTER 10: GENERAL PROVISIONS

   § 10.01     TITLE OF CODE.

This codification of ordinances by and for the municipality of Pflugerville will be designated as the Code of Pflugerville and may be so cited.

   § 10.02     INTERPRETATION.

Unless otherwise provided herein, by law or implication required, the same rules of construction, definition, and application shall govern the interpretation of this code as those governing the interpretation of state law.

   § 10.03     APPLICATION TO FUTURE ORDINANCES.

All provisions of Title I compatible with future legislation apply to ordinances hereafter adopted amending or supplementing this code unless otherwise specifically provided.

   § 10.04     CAPTIONS.

Headings and captions used in this code other than the title, chapter, and section numbers are employed for reference purposes only and will not be deemed a part of the text of any section.

   § 10.05     DEFINITIONS.

(A)     General Rule. Words and phrases will be taken in their plain, or ordinary and usual sense. However, technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import.

(B)     Definitions. For the purpose of this code, the following definitions will apply, unless the context clearly indicates or requires a different meaning:

CITY. The City of Pflugerville, Texas.

CODE, THIS CODE or THIS CODE OF ORDINANCES. This municipal code as modified by amendment, revision, and adoption of new titles, chapters, or sections.

COUNTY. Travis County, Texas.

MAY. The act referred to is permissive.

MONTH. A calendar month.

OATH. 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.

OFFICER, OFFICE, EMPLOYEE, COMMISSION, or DEPARTMENT. An officer, office, employee, commission, or department of this municipality unless the context clearly requires otherwise.

PERSON. Extends to and includes person, persons, firm, corporation, partnership, trustee, lessee, or receiver. Whenever used in any clause prescribing and imposing a penalty, the terms PERSON or WHOEVER as applied to any unincorporated entity means the partners or members thereof, and as applied to corporations, the officers or agents thereof.

PRECEDING or FOLLOWING. Next before or next after, respectively.

SHALL or MUST. The act referred to is mandatory.

SIGNATURE or SUBSCRIPTION. Includes a mark when the person cannot write.

STATE. The State of Texas.

SUBCHAPTER. A division of a chapter, designated in this code by a heading in the chapter analysis and a capitalized heading in the body of the chapter, setting apart a group of sections related by the subject matter of the heading. Not all chapters have subchapters.

WRITTEN. Any representation of words, letters, or figures, whether by printing or otherwise.

YEAR. A calendar year, unless otherwise expressed; equivalent to the words YEAR OF OUR LORD.

   § 10.06     RULES OF INTERPRETATION.

All ordinances of this municipality will be construed according to the following rules, unless such construction is plainly repugnant to the intent of the City Council or of the context of the ordinance:

(A)     And or Or. Either conjunction includes the other as if written “and/or,” if the sense requires it.

(B)     Acts by Assistants. When a statute or ordinance requires an act to be done which, by law, an agent or deputy as well may do as the principal, that requirement will be satisfied by the performance of the act by an authorized agent or deputy.

(C)     Gender, Singular and Plural, Tenses. Words denoting the masculine gender will be deemed to include the feminine and neuter genders; words in the singular will include the plural, and words in the plural will include the singular; the use of a verb in the present tense will include the future, if applicable.

(D)     General Term. A general term following specific enumeration of terms is not to be limited to the class enumerated unless expressly so limited.

   § 10.07     SEVERABILITY.

If any provision of this code as now or later amended or its application to any person or circumstance is held invalid, that invalidity will not affect other provisions that can be given effect without the invalid provision or application.

   § 10.08     REFERENCE TO OTHER SECTIONS.

Whenever in one section of this code reference is made to another section, that reference will extend and apply to the section referred to as subsequently amended, revised, recodified, or renumbered, unless the subject matter is changed or materially altered by the amendment or revision.

   § 10.09     REFERENCE TO OFFICES.

Reference to a public office or officer will be deemed to apply to any office, officer, or employee of this municipality exercising the powers, duties, or functions contemplated in the provision, even if the functions have been transferred or the official title of the functionary has been changed.

   § 10.10     ERRORS AND OMISSIONS.

If a manifest error is discovered, consisting of the misspelling of any words; the omission of any word or words necessary to express the intention of the provisions affected; the use of a word or words to which no meaning can be attached; or the use of a word or words when another word or words was clearly intended, the spelling will be corrected and the word or words supplied, omitted, or substituted to conform with the manifest intention, and the provisions will have the same effect as though the correct words were contained in the text as originally published. No alteration may be made if any question exists regarding the nature or extent of the error.

   § 10.11     OFFICIAL TIME.

The official time, as established by applicable state/federal laws, may be the official time within this municipality for the transaction of all municipal business.

   § 10.12     REASONABLE TIME.

(A)     If an ordinance requires an act to be done in a reasonable time or requires reasonable notice to be given, reasonable time or notice means the time that is necessary for a prompt performance of act or the giving of notice.

(B)     The time within which an act is to be done will be computed by excluding the first day and including the last. If the last day is a Saturday, Sunday, or legal holiday, it will be excluded.

   § 10.13     ORDINANCES REPEALED.

This code, from and after its effective date, will contain all of the provisions of a general nature pertaining to the subjects included. All prior ordinances pertaining to the subjects included in this code will be deemed repealed from and after the effective date of this code.

   § 10.14     ORDINANCES UNAFFECTED.

All ordinances of a temporary or special nature and all other ordinances pertaining to subjects not included in this code will remain in full force and effect unless repealed either expressly or by implication.

   § 10.15     EFFECTIVE DATE OF ORDINANCES.

All ordinances passed by the City Council requiring publication will take effect from and after the due publication thereof, unless otherwise expressly provided. Ordinances not requiring publication will take effect from their passage, unless otherwise expressly provided.

   § 10.16     ]REPEAL OR MODIFICATION OF ORDINANCE.

(A)     Whenever any ordinance or part of an ordinance is repealed or modified by a subsequent ordinance, the repealed or modified ordinance or part of an ordinance will continue in force until the ordinance repealing or modifying it becomes effective.

(B)     No suit, proceeding, right, fine, forfeiture, or penalty instituted, created, given, secured, or accrued under any ordinance prior to its repeal will in any way be affected, released, or discharged, but may be prosecuted, enjoyed, and recovered as fully as if the ordinance had continued in force unless it is otherwise expressly provided.

(C)     When any ordinance repealing a former ordinance, clause, or provision is itself repealed, the repeal will not be construed to revive the former ordinance, clause, or provision, unless it is expressly provided.

   § 10.17     ORDINANCES WHICH AMEND OR SUPPLEMENT CODE.

(A)     If the City Council wishes to amend any existing chapter or section of this code, the chapter or section will be specifically repealed and a new chapter or section, containing the desired amendment, substituted in its place.

(B)     Any ordinance which is proposed to add a new chapter or section to the existing code will indicate, with reference to the arrangement of this code, the proper number of that chapter or section. In addition, a caption or title will be shown in concise form above the ordinance.

   § 10.18     SECTION HISTORIES; STATUTORY REFERENCES.

(A)     As histories for the code sections, the specific number and passage date of the original ordinance, and the three most recent amending ordinances, if any, are listed following the text of the code section. Example: (Ord. 10, passed 5-13-60; Am. Ord. 15, passed 1-1-70; Am. Ord. 20, passed 1-1-80; Am. Ord. 25, passed 1-1-85)

(B)     (1)     If a statutory cite is included in the history, this indicates that the text of the section reads substantially the same as the statute. Example: (Tex. Gov't Code, Chapter 552)

(Ord. 10, passed 1-17-80; Am. Ord. 20, passed 1-1-85).

(2)     If a statutory cite is set forth as a “statutory reference” following the text of the section, this indicates that the reader should refer to that statute for further information. Example:

     § 39.01     PUBLIC RECORDS AVAILABLE.

     This municipality shall make available to any person for inspection or copying all public records, unless otherwise exempted by state law.

     Statutory references–Public access to records, V.T.C.A., Local Government Code, sec. 201.009; public information, V.T.C.A., Government Code, ch. 552.

   § 10.19     ENFORCEMENT.

This code of ordinances shall be enforced by police officers, code enforcement officers, animal control officers, building official, building inspectors, health inspectors and fire marshal of the city and each shall have the authority to issue citations for any violation of this code.

(Ord. 892-07-06-26, passed 6-26-07)

   § 10.99     GENERAL PENALTY.

(A)     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, the violation of any such provision of this code or any such ordinance shall be punished by:

(1)     A fine not to exceed $2,000 in all cases arising under any rule, ordinance, or police regulation that governs fire safety, zoning, or public health and sanitation, including the dumping of refuse; and

(2)     A fine not to exceed $500 in all other cases.

(B)     Each day any violation of this code or of any ordinance continues will constitute a separate offense. If any such violation is designated as a nuisance under the provisions of this code, the nuisance may be summarily abated by the City Manager or the Chief of Police or their assigns. (Ord. 260-87-08-11, passed 8-11-87)

(C)     A culpable mental state is not required for the commission of an offense under this code unless the provision defining the conduct expressly requires a culpable mental state.

(Ord. 756-04-09-28, passed 9-28-04)

State law references–Penalties for violations, V.T.C.A., Local Government Code, sec. 54.001; penalty for class C misdemeanor, V.T.C.A., Penal Code, sec. 12.23; requirement of culpability, V.T.C.A., Penal Code, sec. 6.02.

   CHAPTER 11: CITY STANDARDS

   § 11.01     ACCEPTING PROVISIONS OF STATE LAW; ADOPTION OF CHARTER.

The city will operate as a home-rule municipality, as authorized by Article XI, Section 5, of the Texas Constitution, under the charter adopted November 2, 1993, as subsequently amended.

   CHAPTER 12: CHARTER REQUIREMENTS

   CITY CHARTER REMOVAL HEARING PROCESS

   § 12.01     TITLE AND PURPOSE.

This subchapter shall be titled and may be cited as the City Charter Removal Hearing Process ordinance. The purpose of this Subchapter is to establish rules and procedures as required by Section 3.08(c) of the City's Charter that will be utilized if a member of City Council becomes subject to removal under Section 3.08(a) of the City Charter.

(Ord. 1308-17-06-13, passed 6-13-17)

   § 12.02     APPLICABILITY.

In accordance with the City Charter, this subchapter shall only apply to proceedings initiated in accordance with Section 3.08(b) of the City Charter and solely for the reasons established in Section 3.08(a) of the City Charter.

(Ord. 1308-17-06-13, passed 6-13-17)

   § 12.03     DEFINITIONS.

COMPLAINANT. The person initiating a proceeding under this subchapter by presenting a sworn written complaint to the Mayor or Mayor pro tem, as applicable, charging a member of the City Council with an act or omission that is a reason for removal under Section 3.08(a) of the City Charter.

RESPONDENT. The City Council member about whom a complaint is presented under this subchapter by the Complainant.

(Ord. 1308-17-06-13, passed 6-13-17)

   § 12.04     HEARING PROCESS AND PROCEDURE.

(A)     Open meetings. All hearings held under this subchapter shall be conducted in open session in accordance with the Texas Open Meetings Act, Texas Government Code, Chapter 551, except that the City Council may conduct a closed session to get advice from its attorney pursuant to and in accordance with the Texas Open Meetings Act.

(B)     Removal process initiation.

(1)     Initiation. A proceeding under this subchapter is initiated when a sworn written complaint charging a member of the City Council with an act or omission that is a reason for removal under Section 3.08(a) of the City Charter is presented by the Complainant to the Mayor or, if the complaint is against the Mayor, to the Mayor pro tem. The person receiving the complaint shall file it with the city secretary within two (2) business days of receipt, who shall provide a copy to the Respondent and all other City Council members at the next regularly scheduled City Council meeting. The Mayor or the Mayor pro tem, as applicable, shall set a time and date for a hearing on the complaint at the same regularly scheduled meeting that the complaint has been distributed to City Council members.

(2)     Hearing date and meeting form. The hearing date set shall be held no sooner than twenty (20) days, nor later than forty-five (45) days following the date of distribution of the complaint at the regularly scheduled meeting provided above and shall be called as a special meeting of City Council in accordance with Section 3.08(c)(3) of the City's Charter.

(3)     Written notice to respondent officer. Distribution of the sworn and written complaint to the Respondent subject to any investigation and/or hearing under this subchapter by the City Secretary shall be deemed as compliance with Section 3.08(c)(2) of the City's Charter.

(4)     Investigation and subpoenas.

(a)     Following the setting of the date of the hearing, City Council, upon an affirmative majority vote of the voting members of City Council present, which shall exclude any member of City Council who initiated or is the subject of the investigation or hearing who shall not sit at the dais and shall not participate in deliberation or vote, shall determine whether it is necessary to direct the City Manager, City Attorney and/or the Chief of Police to investigate the matter, as authorized by Section 3.19 of the City Charter.

(b)     Upon an affirmative majority vote of the voting members of City Council present, which shall exclude any member of City Council who initiated or is the subject of the investigation or hearing who shall not sit at the dais and shall not participate in deliberation or vote, City Council, through the Mayor or Mayor pro tem, as applicable, may issue any subpoenas for witnesses or documentary evidence deemed necessary by City Council and shall issue subpoenas for witnesses or documentary evidence when requested by the Complainant or the Respondent, provided that such written request is submitted to the City Secretary no less than ten (10) business days prior to hearing date established. A subpoena issued in accordance with this subchapter shall have the same authority as a subpoena issued by the City's municipal court.

(C)     Hearing process and rules of order.

(1)     Preliminary matters.

(a)     Call to order. The Mayor or Mayor pro-tem, as applicable, who shall be deemed the “Presiding Officer” for purposes of this subchapter, shall call the hearing to order.

(b)     Participation prohibited. Neither a member of City Council who initiated an investigation or hearing under this subchapter, nor the Respondent shall sit at the dais or participate in deliberation or vote.

(c)     Statement of hearing. Following the call to order, the Presiding Officer shall issue a statement regarding the nature of the hearing and the allegations to be considered, as required by Section 3.08(c)(6) of the City Charter.

(d)     Public comment. Next the Presiding Officer will determine whether public comment will be allowed as part of the hearing. No public comment shall be allowed unless agreed to by a majority vote of the voting members of City Council present in accordance with City Charter Section 3.08(c)(9). If it is determined that public comment will be allowed, such public comment will be governed by the rules established in subsection (E) of this subchapter.

(e)     Rules of evidence. The admissibility of evidence is within the discretion of the Presiding Officer, who is not bound by any court rules or rules of evidence. Under the direction of the Presiding Officer, City Council shall not consider or debate questions of law or admissibility, but shall consider all evidence provided by either party that the City Council deems helpful and/or appropriate to admit.

(f)     Oaths. The Presiding Officer shall swear in the Complainant, the Respondent and witnesses by administering oaths regarding the person's intention to tell the truth, such oath to be stated as “Do you solemnly affirm that the testimony you will give is the truth, the whole truth, and nothing but the truth, under penalty of perjury?,” which may be given to all individuals collectively at the beginning of the hearing or individually as testimony is received.

(g)     Burden of proof. The Complainant is deemed to have the burden of proof in proving all allegations asserted by a complaint filed under this subchapter and City Council shall consider whether such burden was satisfied prior to making a determination under this subchapter.

(h)     Representation. The Respondent is entitled to be represented through legal counsel during a hearing held under this subchapter.

(i)     Exclusion of witnesses. In accordance with Texas Government Code § 551.084, the City Council, upon a majority vote of the voting members of City Council present, may exclude a witness or witnesses from a hearing during the examination of another witness.

(2)     Proceedings.

(a)     Opening statements. Following completion of the preliminary matters by the Presiding Officer, each party shall be afforded an opportunity to make an opening statement, which shall be limited to a maximum of five (5) minutes. The Complainant shall make its statement first and the Respondent's statement shall follow.

(b)     Complainant presentation of evidence and witnesses. Following the completion of the Respondent's opening statement, the Complainant shall present evidence to the Presiding Officer for City Council consideration and may call witnesses to provide testimony. If a witness is called by the Complainant, the Respondent and then the City Council will be afforded an opportunity to cross-examine the witness following Complainant's questioning.

(c)     Respondent presentation of evidence and witness. Following the completion of the Complainant's presentation of evidence and witnesses, the Respondent shall present evidence to the Presiding Officer for City Council consideration and may call witnesses to provide testimony. If a witness is called by the Respondent, the Complainant and then the City Council will be afforded an opportunity to cross-examine the witness following Respondent's questioning.

(d)     Presentation of investigation results/evidence and witnesses of city council. Following the completion of Respondent's presentation of evidence and witnesses, the Presiding Officer shall, if applicable as directed under subsection (B)(4)(a), request a presentation of investigation results from the City Manager, City Attorney, and/or Chief of Police, as applicable. Following this presentation, the Respondent and then the Complainant shall be afforded an opportunity to cross-examine the presenter of the investigative results and any witness called by the presenter. Following this process, the Presiding Officer may present evidence and call witnesses subpoenaed under subsection (B)(4)(b) of this subchapter. The Respondent and then the Complainant shall be afforded an opportunity to cross-examine any such witness called.

(e)     Public comment. If City Council has determined that public comment will be permitted during the hearing in accordance with subsection (C)(1)(d) of this subchapter, the Presiding Officer will allow public comment in the order of individuals signed up to speak at the hearing in accordance with the rules provided under subsection (D) of this subchapter. Following each public comment, the Respondent and then the Complainant shall be afforded an opportunity to cross-examine each person commenting.

(f)     Closing arguments. Following the conclusion of public comment, if any, the Complainant shall be afforded three (3) minutes to present a closing argument to City Council. The Respondent's closing argument shall follow with the Respondent also being afforded three (3) minutes.

(g)     City council deliberations. Following closing arguments, City Council shall deliberate either publicly or, upon majority vote of the voting members of City Council present, privately in closed session under any applicable Texas Open Meetings Act provision providing for executive session, such as 551.074 Personnel or 551.071 Legal Advice, as applicable. Upon completion of deliberations, City Council shall make a determination in open session in accordance with subsection (E) below and the hearing will be deemed complete.

(D)     Public comment. If City Council determines that public comment will be received in accordance with subsection (C)(1)(d) of this section, the following rules shall apply to all public comments:

(1)     Public comment rules announcement. Immediately before the opening of the Public Comment section of the hearing proceeding process, at the direction of the Presiding Officer, the City Secretary shall summarize the rules governing public comment and the City Secretary shall take the names of those interested in making a comment pertaining to hearing. The Presiding Officer will recognize those persons desiring to address the City Council on the hearing matter in the order that the City Secretary received the names.

(2)     Advanced registration. Persons wishing to comment are encouraged to register in advance. Any person wishing to make a comment at the hearing should register with the City Secretary before the hearing commences. Any person who has not registered in advance may be permitted to speak upon recognition by the Presiding Officer and a majority vote of the voting members of City Council present.

(3)     Time limits/conclusion of public comment. Public comments may be limited to a maximum time limit and/or concluded by a majority vote of the voting members of City Council present. In all cases, the Presiding Officer shall announce the time limits and/or conclusion of public comments. Each person will speak only one time during the hearing, unless specifically requested to comment further or while under cross-examination as provided in subsection (C)(2)(e) in this subchapter.

(4)     Comment scope limitation. Any comments received shall be limited in scope to the matter before the City Council. The Presiding Officer shall have the power to terminate the presentation of any comment that is not limited to the matter before the City Council.

(5)     Preservation of order. The Presiding Officer shall preserve order and decorum and, if necessary, shall cause to be silenced or removed from the hearing, any person speaking out of order or disrupting the order of the hearing, being verbally or physically abusive, or using inappropriate language.

(E)     Determination of city council. In accordance with Section 3.08(c)(10) and (11) of the City Charter, following the completion of the hearing process provided in this subchapter, City Council, upon majority vote of the voting members of City Council present, may:

(1)     Determine that the Respondent has not violated Section 3.08(a) of the City's Charter;

(2)     Determine that the Respondent has violated Section 3.08(a) of the City's Charter and that removal of the Respondent is warranted and that a vacancy shall be declared to be filled no sooner than the next regular meeting of City Council, and in accordance with Section 3.07 of the City's Charter;

(3)     Determine that further investigation or further information is necessary prior to making a determination regarding removal, in which case City Council shall identify the scope of the additional investigation and further information and direct the City Manager to conduct or secure the same for City Council's subsequent consideration;

(4)     Determine that a vote of censure of the Respondent is warranted; or

(5)     Take such other action as City Council determines appropriate.

(F)     Penalty. Any person that fails to obey a subpoena issued by the Mayor or Mayor pro tem, as applicable, under subsection (B)(4)(b) of this subchapter or who violates an oath taken under subsection (C)(1)(f) of this section shall be guilty of a misdemeanor, which shall be punishable by a fine of not more than two hundred dollars ($200.00).

(Ord. 1308-17-06-13, passed 6-13-17)