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Point Venture City Zoning Code

CHAPTER 1

GENERAL PROVISIONS

ARTICLE 1.01 CODE OF ORDINANCES


State law reference–Authority of municipality to codify ordinances, V.T.C.A., Local Government Code, ch. 53.

ARTICLE 1.02 EMERGENCY MANAGEMENT


State law reference–Local and interjurisdictional emergency management, V.T.C.A., Government Code, ch. 418.

ARTICLE 1.03 MUNICIPAL COURT


State law reference–Municipal courts generally, V.T.C.A., Government Code, sec. 29.001 et seq.

1.01.001 Adoption

There is hereby adopted the Code of Ordinances of the Village of Point Venture, Texas, as compiled, edited and published by Franklin Legal Publishing, Inc. (Ordinance adopting Code)

1.01.002 Designation And Citation Of Code

The ordinances embraced in this chapter and the following chapters, articles and sections shall constitute and be designated the “Code of Ordinances, Village of Point Venture, Texas,” and may be so cited. (Ordinance adopting Code)

1.01.003 Catchlines Of Articles, Divisions And Sections

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

State law reference–Headings of statutes, V.T.C.A., Government Code, sec. 311.024.

1.01.004 Definitions And Rules Of Construction

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

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

Computation of time. Whenever a notice is required to be given or an act to be done a certain length of time before any proceeding shall be had, the first day is excluded and the last day is included. If the last day of any period is a Saturday, Sunday, or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday, or legal holiday.

State law reference–Computation of time, V.T.C.A., Government Code, sec. 311.014.

Council. Whenever the term “council” or “village council” or “the council” is used, it shall mean the village council of the Village of Point Venture, Texas.

State law reference–References to municipal governing body and to members of municipal governing body, V.T.C.A., Local Government Code, sec. 21.002.

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

Delegation of authority. Whenever a provision of this Code of Ordinances requires or authorizes an officer or employee of the village to do some act or perform some duty, it shall be construed to authorize such officer or employee to designate, delegate and authorize subordinates to perform the act or duty unless the terms of the provision specifically designate otherwise.

Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships, associations and corporations, as well as to males.

State law reference–“Gender” defined, V.T.C.A., Government Code, sec. 312.003(c).

Joint authority. Words purporting to give authority to three (3) or more officers or other persons shall be construed as giving such authority to a majority of such officers or other persons, unless it is otherwise declared.

State law reference–Grants of authority, V.T.C.A., Government Code, sec. 312.004.

May. The word “may” is permissive.

State law reference–Construction of word “may,” V.T.C.A., Government Code, sec. 311.016.

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

State law reference–“Month” defined, V.T.C.A., Government Code, sec. 312.011.

Must and shall. Each is mandatory.

State law reference–Construction of words “must” and “shall,” V.T.C.A., Government Code, sec. 311.016.

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

State law reference–“Number,” V.T.C.A., Government Code, sec. 312.003(b).

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.”

State law reference–“Oath,” “swear” and “sworn” defined, V.T.C.A., Government Code, sec. 312.011.

Official time standard. Whenever certain hours are named in this code, they shall mean standard time or daylight saving time, as may be in current use in the village.

State law reference–Standard time, V.T.C.A., Government Code, sec. 312.016.

Or, and. The word “or” may be read “and,” and the word “and” may be read “or,” as the sense requires it.

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 of 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, organizations, business trusts, estates, trusts, and bodies politic and corporate, as well as to individuals.

State law reference–“Person” defined, V.T.C.A., Government Code, sec. 311.005.

Preceding, following. The terms “preceding” and “following” mean next before and next after, respectively.

State law reference–“Preceding” defined, V.T.C.A., Government Code, sec. 312.011.

Property. The word “property” shall mean and include real and personal property.

State law reference–“Property” defined, V.T.C.A., Government Code, sec. 311.005.

Real property. The term “real property” shall mean and include lands, tenements and hereditaments.

Sidewalk. The word “sidewalk” shall mean that portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.

Signature or subscription. A signature or subscription shall include a mark when a person cannot write.

State law reference–“Signature” and “subscribe” defined, V.T.C.A., Government Code, sec. 312.011.

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

Street. The word “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.

State law reference–“Tense,” V.T.C.A., Government Code, sec. 312.003(a).

Village, city and town. Each means the Village of Point Venture, Texas.

Village administrator, village manager, village secretary, chief of police or other village officers. The term “village administrator,” “village manager,” “village secretary,” “chief of police” or other village officer or department shall be construed to mean the village administrator, village manager, village secretary, chief of police or such other municipal officer or department, respectively, of the Village of Point Venture, Texas.

V.T.C.S., V.T.P.C., V.T.C.C.P., V.T.C.A. Such abbreviations 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.

State law reference–“Written” or “in writing” defined, V.T.C.A., Government Code, sec. 312.011.

Year. The word “year” shall mean a calendar year.

State law reference–“Year” defined, V.T.C.A., Government Code, sec. 312.011.

(Ordinance adopting Code)

1.01.005 Severability Of Parts Of Code

It is hereby declared to be the intention of the village 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 village council without the incorporation in the code of any such unconstitutional phrase, clause, sentence, paragraph or section. (Ordinance adopting Code)

State law reference–Severability of statutes, V.T.C.A., Government Code, sec. 312.013.

1.01.006 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. (Ordinance adopting Code)

State law reference–Effect of repeal of statutes, V.T.C.A., Government Code, sec. 311.030.

1.01.007 Amendments Or Additions To Code

All ordinances of a general and permanent nature, and amendments to such ordinances, hereafter enacted or presented to the village 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 to do so shall in no way affect the validity or enforceability of such ordinances. (Ordinance adopting Code)

1.01.008 Supplementation Of Code

  1. By contract or by village personnel, supplements to this code shall be prepared and printed whenever authorized or directed by the village council. A supplement to the code shall include all substantive permanent and general parts of ordinances passed by the village council 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 that 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.
  2. 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.
  3. 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 material 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.

(Ordinance adopting Code)

1.01.009 General Penalty For Violations Of Code; Continuing Violations

  1. 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 this code or such 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 therefor, the violation of any such provision of this code or any such ordinance shall be punished by a fine of not exceeding five hundred dollars ($500.00).
  2. A fine or penalty for the violation of a rule, ordinance or police regulation that governs fire safety, zoning or public health and sanitation, other than the dumping of refuse, may not exceed two thousand dollars ($2,000.00).
  3. A fine or penalty for the violation of a rule, ordinance, or police regulation that governs the dumping of refuse may not exceed four thousand dollars ($4,000.00).
  4. A person convicted of an offense under title 7, subtitle C, Transportation Code (the Uniform Act Regulating Traffic on Highways) for which another penalty is not provided shall be punished by a fine of not less than $1.00 or more than $200.00 plus such other penalties and costs as may be provided by such subtitle C.
  5. Unless otherwise specifically stated in this code, any violation of this code or of any ordinance that is punishable by a fine that does not exceed five hundred dollars ($500.00) does not require a culpable mental state, and a culpable mental state is hereby not required to prove any such offense.
  6. No penalty shall be greater or less than the penalty provided for the same or a similar offense under the laws of the state.
  7. Unless otherwise stated in this code or in any ordinance, each day any violation of this code or of any ordinance shall continue shall constitute a separate offense.
  8. 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.
  9. In the event authorizing state law is amended, modified, superceded or otherwise changed to alter the allowable punishment range, then the city’s range of punishment shall likewise be amended, modified, superceded or otherwise changed.
  10. Nothing in this code shall be construed as a waiver of the village’s right to bring a civil action to enforce the provisions of this code and to seek remedies as allowed by law, including but not limited to the following:
    1. Injunctive relief to prevent specific conduct that violates this code or to require specific conduct that is necessary for compliance with this code;
    2. A civil penalty up to $1,000.00 a day when it is shown that the defendant was actually notified of the provisions of this code and after receiving notice committed acts in violation of this code or failed to take action necessary for compliance with this code; and
    3. Other available relief.

(Ordinance adopting Code)

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.

1.02.001 Operational Organization

The office of emergency management director of the village is hereby created and that office shall be held by the mayor in accordance with state law.

  1. An emergency management coordinator may be appointed by and serve at the pleasure of the director.
  2. The coordinator shall be responsible for a program of comprehensive emergency management within the village and for carrying out the duties and responsibilities set forth in this article. He/she may delegate authority for execution of these duties to the coordinator, but ultimate responsibility for such execution shall remain with the director.
  3. The operational emergency management organization of the village shall consist of the officers and employees of the village so designated by the director in the emergency management plan, as well as organized volunteer groups. The functions and duties of this organization shall be distributed among such officers and employees in accordance with the terms of the emergency management plan.

(Ordinance 2001-07-02, sec. 1, adopted 7/2/01)

1.02.002 Powers And Duties Of Emergency Management Director

The powers and duties of the emergency management director are:

  1. To conduct an ongoing survey of actual or potential hazards which threaten life and property within the village and an ongoing program of identifying and requiring or recommending the implementation of measures which would tend to prevent the occurrence or reduce the impact of such hazards if a disaster did occur.
  2. To supervise the development and approval of an emergency management plan for adoption by the village, and shall recommend for adoption by the village council all mutual aid arrangements deemed necessary for the implementation of such plan.
  3. To declare a local state of disaster. The declaration may not be continued or renewed for a period in excess of seven (7) days except by or with the consent of the village council. Any order or proclamation declaring, continuing, or terminating a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the village secretary.
  4. To issue necessary proclamations, regulations or directives which are necessary for carrying out the purpose of this article. Such proclamations, regulations or directives shall be disseminated promptly by means calculated to bring the contents to the attention of the general public and, unless circumstances attendant on the disaster prevent or impede, promptly filed with the village secretary.
  5. To direct and control the operations of the village emergency management organization as well as the training of emergency management personnel.
  6. To determine all questions of authority and responsibility that may arise within the emergency management organization of the village.
  7. To maintain a liaison with other municipal, county, district, state and regional or federal emergency management organizations.
  8. To marshal all necessary personnel, equipment or supplies from any department of the village to aid in the carrying out of the provisions of the emergency management plan.
  9. To supervise the drafting and execution of mutual aid agreements, in cooperation with the representatives of the state and of other local political subdivisions of the state, and the drafting and execution, if deemed desirable, of an agreement with the county in which the village is located and with other municipalities within the county, for the county-wide coordination of emergency management efforts.
  10. To supervise and provide the final authorization for the procurement of all necessary supplies and equipment, including acceptance of private contributions which may be offered for the purpose of improving emergency management within the village.
  11. To authorize the agreements, after approval by the village attorney, for use of private property for public shelter and other purposes.
  12. To survey the availability of existing personnel, equipment, supplies and services which could be used during a disaster as provided for herein.
  13. To comply with and carry out all of the requirements as specified in the Texas Disaster Act of 1975, Vernon’s Codes Annotated, Government Code chapter 418.

(Ordinance 2001-07-02, sec. 2, adopted 7/2/01)

1.02.003 Emergency Management Plan

A comprehensive emergency management plan shall be developed and maintained in a current state. The plan shall set forth the form of the organization; establish and designate divisions and functions; assign responsibilities, tasks, duties, and powers; and designate officers and employees to carry out the provisions of this article. As provided by state law, the plan shall follow the standards and criteria established by the state division of emergency management. Insofar as possible, the form of organization, titles and terminology shall conform to the recommendations of the state division of emergency management. When approved, it shall be the duty of all departments and agencies to perform the functions assigned by the plan and to maintain their portion of the plan in a current state of readiness at all times. The emergency management plan shall be considered supplementary to this article and have the effect of law during the time of a disaster. (Ordinance 2001-07-02, sec. 3, adopted 7/2/01)

1.02.004 Interjurisdictional Program

The mayor is hereby authorized to join with the county judge and the mayors of the other cities in the county in the formation of an interjurisdictional emergency management program for the county, and shall have the authority to cooperate in the preparation of an interjurisdictional emergency management plan and in the appointment of a joint emergency management coordinator, as well as all powers necessary to participate in a county-wide program of emergency management insofar as said program may affect the village. (Ordinance 2001-07-02, sec. 4, adopted 7/2/01)

1.02.005 Override

At all times when the orders, rules, and regulations made and promulgated pursuant to this article shall be in effect, they shall supersede and override all existing ordinances, orders, rules, and regulations insofar as the latter may be inconsistent therewith. (Ordinance 2001-07-02, sec. 5, adopted 7/2/01)

1.02.006 Liability

This article is an exercise by the village of its governmental functions for the protection of the public peace, health, and safety and neither the village, the agents and representatives of the village, nor any individual, receiver, firm, partnership, corporation, association, or trustee, nor any of the agents thereof, in good faith carrying out or complying with any order, rule, or regulation promulgated pursuant to the provisions of this article shall be liable for any damage sustained to persons as the result of said activity. Any person owning or controlling real estate or other premises for the purpose of sheltering a person or persons during an actual, impending, or practice enemy attack or natural or man-made disaster shall, together with his successors in interest, if any, not be civilly liable for the death of, or injury to, any person on or about such real estate or premises under such license, privilege or other permission or for loss of, or damage to, the property of such person. (Ordinance 2001-07-02, sec. 6, adopted 7/2/01)

1.02.007 Commitment Of Funds

No person shall have the right to expend any public funds of the village in carrying out any emergency management activity authorized by this article without prior approval of the village council, nor shall any person have any right to bind the village by contract, agreement, or otherwise without prior and specific approval of the village council unless during a declared disaster. During a declared disaster, the mayor may expend and/or commit public funds of the village when deemed prudent and necessary for the protection of health, life, or property. (Ordinance 2001-07-02, sec. 7, adopted 7/2/01)

1.02.008 Offenses; Penalty

  1. No person may:
    1. Willfully obstruct, hinder, or delay any member of the emergency management organization in the enforcement of any rule or regulation issued pursuant to this article.
    2. Wear, carry, or display any emblem, insignia, or any other means of identification as a member of the emergency management organization of the village, unless the emergency management director or coordinator has granted the person authority to do so.
    3. Operate a siren, or other device that simulates a warning, or a device that simulates the termination of an authorized warning signal, without the express authorization of the village emergency management director or coordinator.
  2. Any person who violates any provision of this article shall be guilty of a misdemeanor. A person convicted of a misdemeanor under this article shall be subject to a fine or penalty in accordance with state law.

(Ordinance 2001-07-02, sec. 8, adopted 7/2/01; Ordinance adopting Code)

1.02.009 Limitations

This article shall not be construed as to conflict with any state or federal statute or with any military or naval order, rule, or regulation. (Ordinance 2001-07-02, sec. 10, adopted 7/2/01)

Division 1.03-2 Fines, Costs And Special Expenses


State law references–Municipal court fines, costs and special expenses, Tex. Code Crim. Proc. art. 45.203; costs paid by defendants, Tex. Code Crim. Proc. ch. 102; court costs on conviction, V.T.C.A., Government Code, sec. 102.021; additional court costs on conviction in municipal court, V.T.C.A., Government Code, sec. 102.121; contracts for collection services, Tex. Code Crim. Proc. art. 103.0031.

Division 1.04-1 Generally (Reserved)


Division 1.04-2 Sales And Use Tax


State law reference–Authority of municipality to impose local sales and use tax, V.T.C.A., Tax Code, ch. 321.

1.03.001 Purpose

This article is adopted so that the village council may promote the public health, safety, morals and general welfare within the village through the enforcement of the village’s ordinances. (Ordinance 2002-01-01, sec. 2, adopted 1/7/02)

1.03.002 Area Of Jurisdiction

The provisions of this article shall apply within the village’s corporate boundaries (i.e., city limits) as prescribed by state law. (Ordinance 2002-01-01, sec. 4, adopted 1/7/02)

1.03.003 Scope

The provisions of this article govern the creation, establishment, operation, and jurisdiction of the municipal court within the village, including the judges of the court. (Ordinance 2002-01-01, sec. 3(A), adopted 1/7/02)

1.03.004 Creation Of Court

There is hereby established one (1) municipal court within the village, with the designation of “Municipal Court of the Village of Point Venture.” (Ordinance 2002-01-01, sec. 3(B), adopted 1/7/02)

1.03.005 Jurisdictional Limits

The municipal court has the jurisdiction provided by general law for municipal courts contained in section 29.003, Texas Government Code, and article 4.14, Texas Code of Criminal Procedure, including concurrent jurisdiction with justice courts as provided by section 29.003. The municipal court also has jurisdiction over cases arising within the village’s corporate boundaries (i.e., city limits) under ordinances authorized by law. (Ordinance 2002-01-01, sec. 3(C), adopted 1/7/02)

1.03.006 Judges
  1. The municipal court shall be presided over by a judge, who shall be known as the “municipal judge.” The judge shall be appointed by ordinance of the village council for a term of two (2) years and shall be entitled to a salary set by the village council. The amount of the judge’s salary may not be diminished during the judge’s term of office. The salary may not be based directly or indirectly on fines, fees, or costs collected by the court.
  2. The judge must:
    1. Be a citizen of the United States;
    2. Be a resident of this state.
  3. A person may not serve as a municipal judge if the person is otherwise employed by the municipality. A municipal judge who accepts other employment with the municipality vacates the judicial office.
  4. If a vacancy occurs in the office of municipal judge, the village council shall adopt an ordinance appointing a qualified person to fill the office for the remainder of the unexpired term.
  5. There shall also be as many as three (3) alternate judges appointed by the village council, subject to the same qualifications, who shall have all the powers and shall discharge all the duties of a municipal judge while serving as municipal judge. Each alternate judge shall be appointed for a term of two years. If the regular municipal judge is temporarily absent due to illness, family death, continuing legal or judicial education programs, or any other reason, he shall select one of the alternate judges to serve during his absence.
  6. The municipal judges may exchange benches and act for each other in any proceeding pending in the court. An act performed by any of the judges is binding on all parties to the proceeding.
  7. The municipal judge shall take judicial notice of state law and the ordinances and corporate limits of the municipality.
  8. A municipal judge is a magistrate and may issue administrative search warrants.
  9. A municipal judge may be removed from office by the village council at any time for incompetency, misconduct, malfeasance, or disability.

(Ordinance 2002-01-01, sec. 3(D), adopted 1/7/02)

State law references–Municipal court judges, V.T.C.A., Government Code, sec. 29.004 et seq.; term of municipal court judge, V.T.C.A., Government Code, sec. 29.005.

1.03.007 Writ Power

The judges of the municipal court may grant writs of mandamus, injunction, attachment, and other writs necessary to the enforcement of the jurisdiction of the municipal court and may issue writs of habeas corpus in cases in which the offense charged is within the jurisdiction of the municipal court. (Ordinance 2002-01-01, sec. 3(E), adopted 1/7/02)

1.03.008 Rules Of Practice And Procedure

The Code of Criminal Procedure and the Texas Rules of Appellate Procedure govern the trial of cases before the municipal court. The court may make and enforce all rules of practice and procedure necessary to expedite the trial of cases before the court that are not inconsistent with law. (Ordinance 2002-01-01, sec. 3(F), adopted 1/7/02)

State law reference–Procedures for processing cases within criminal jurisdiction of municipal court, Tex. Code Crim. Proc. ch. 45.

1.03.009 Clerk Of Court
  1. The municipal court clerk shall be appointed by ordinance of the village council for a term of two (2) years and shall be entitled to a salary set by the village council. A municipal court clerk may be removed from office by the village council at any time for incompetency, misconduct, malfeasance, or disability.
  2. The clerk of the municipal court may hire, direct and remove the personnel authorized in the village’s annual budget for the clerk’s office. The clerk or the clerk’s deputies shall keep the records of the municipal court, issue process, and generally perform the duties for the court that a clerk of the county court at law exercising criminal jurisdiction is required by law to perform for that court. In addition, the clerk or the clerk’s deputies shall maintain an index of all court judgments in the same manner as county clerks are required by law to prepare for criminal cases arising in county courts. The clerk shall perform the duties in accordance with statutes and ordinances of the village.

(Ordinance 2002-01-01, sec. 3(G), adopted 1/7/02)

State law reference–Municipal court clerk generally, V.T.C.A., Government Code, sec. 29.010.

1.03.010 Record Of Proceedings; Preservation Of Records

For the purpose of recording the proceedings and preserving a record in all cases tried before the municipal court, minutes of the proceedings of court shall be kept. The court clerk, deputy clerk, or court reporter may use written notes, transcribing equipment, video or audio recording equipment, or a combination of these methods to record the proceedings of the municipal court. The court clerk, deputy clerk, or court reporter shall keep the record for a twenty (20) day period beginning the day after the last day of the court proceeding, trial or denial of motion for new trial, or until any appeal is final, whichever occurs last. (Ordinance 2002-01-01, sec. 3(H), adopted 1/7/02)

1.03.011 Facilities; Seal
  1. The village council shall provide courtrooms, jury rooms, offices, office furniture, libraries, law books, and other facilities and supplies that the village council determines necessary for the proper operation of the municipal court.
  2. The village council shall provide the municipal court with a seal that contains the phrase “Municipal Court of the Village of Point Venture, Texas.” The seal’s use must conform to article 45.012 of the Code of Criminal Procedure.

(Ordinance 2002-01-01, sec. 3(I), adopted 1/7/02)

1.03.012 Complaints And Pleadings

Complaints and pleadings must substantially conform to the relevant provisions of chapters 27 and 45 of the Code of Criminal Procedure. (Ordinance 2002-01-01, sec. 3(J), adopted 1/7/02)

1.03.013 Prosecutions

Prosecution in the municipal court shall be conducted as provided by article 45.201, Code of Criminal Procedure. All prosecutions in municipal court shall be conducted by the village attorney or by a deputy village attorney, as designated by the village attorney. (Ordinance 2002-01-01, sec. 3(K), adopted 1/7/02)

1.03.014 Jury
  1. A person who is brought before the municipal court and who is charged with an offense is entitled to be tried by a jury of six (6) persons. Trial by jury, including the summoning of jurors, must substantially conform to chapter 45, Code of Criminal Procedure.
  2. The court clerk shall supervise the selection of persons for jury service.

(Ordinance 2002-01-01, sec. 3(L), adopted 1/7/02)

State law reference–Municipal court juries, V.T.C.A., Government Code, sec. 62.501.

1.03.015 Appeals
  1. A defendant has the right of appeal from a judgment of conviction. The state has the right to appeal as provided by article 44.01, Code of Criminal Procedure.
  2. All appeals shall be conducted pursuant to the Texas Code of Criminal Procedure.

(Ordinance 2002-01-01, sec. 3(M), adopted 1/7/02)

State law reference–Appeal procedures, bond, etc., Tex. Code Crim. Proc. art. 45.042 et seq.

1.03.041 Collection And Administration; Amount
  1. The municipal court clerk shall collect and administer all fees and fines authorized by state law and village ordinances. Fees and fines shall be in the amounts established by state law, the municipal court judge, and fee schedules adopted by the village council, as may be amended.
  2. A fine or penalty imposed in municipal court for violation of an ordinance of the village may not exceed five hundred dollars ($500.00), unless the fine or penalty is for violation of a rule or ordinance or police regulation that governs fire safety, zoning or public health and sanitation, including dumping and refuse, in which case the fine or penalty may not exceed two thousand dollars ($2000.00).

(Ordinance 2002-01-01, sec. 3(N), adopted 1/7/02)

1.04.031 One Percent Tax Adopted

A one percent sales and use tax was adopted by the voters of the village as a result of an election held on May 5, 2001. (Ordinance 2001-05-02 adopted 5/9/01; Ordinance adopting Code)

1.04.061 Residence Homestead Exemption

As authorized by the Texas Constitution, article VIII, section 1-b, and Texas Tax Code section 11.13, the village council hereby adopts a residence homestead exemption (for all homesteads) of ten percent (10%). (Ordinance 2017-06-02 adopted 6/28/17)