Ordinance 1991-24
CITY OF WYLIE, TEXAS
ORDINANCE NO. 7 / -~ l'
"ORDINANCE ADOPTING CODE OF ORDINANCES"
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ADOPTING AND
ENACTING A NEW CODE OF ORDINANCES, ESTABLISHING THE SAME
AND PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT
INCLUDED IN SUCH CODE AS WELL AS PROVIDING FOR EXCEPTIONS;
PROVIDING FOR THE DESIGNATION OF SUCH CODE AND HOW IT MAY
BE CITED; PROVIDING FOR CA TCHLINES OF THE NEW CODE; PROVIDING
FOR CERTAIN DEFINITIONS AND RULES OF CONSTRUCTION FOR THE
NEW CODE; PROVIDING FOR AMENDMENTS OR ADDITIONS TO THE NEW
CODE; PROVIDING FOR THE SUPPLEMENT A TION OF THE NEW CODE;
ESTABLISHING A GENERAL PENALTY FOR VIOLATIONS OF THE CODE
AND ALL ORDINANCES OF THE CITY IN THE AMOUNT OF NOT MORE
THAN FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE, EXCEPT
VIOLATIONS OF PROVISIONS THAT GOVERN FIRE SAFETY, ZONING,
AND PUBLIC HEALTH AND SANITATION, INCLUDING DUMPING OF
REFUSE, IN WHICH CASE THE MAXIMUM PENALTY FOR VIOLATION
SHALL BE TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE
AND TWO HUNDRED DOLLARS ($200.00) FOR VIOLATIONS OF TRAFFIC
LAWS AND ORDINANCES PROVIDED THAT NO PENALTY SHALL BE
GREATER OR LESS THAN THE PENALTY PROVIDED FOR UNDER STATE
LAW; PROVIDING FOR SEVERABILITY OF ALL PARTS OF THE NEW CODE;
PROVIDING FOR THE ADOPTION OF NEW PROVISIONS AND
REGULATIONS INCORPORATED IN SAID CODE OF ORDINANCES
INCLUDING: THE FILING REQUIREMENTS FOR ELDERLY HOMESTEAD
TAX EXEMPTIONS WITH THE COLLIN COUNTY CHIEF APPRAISER;
PROVIDING FOR THE DUE DATE OF PROPERTY TAXES AND
STIPULATING PENALTIES AND INTEREST FOR DELINQUENT TAXES;
PROVIDING FOR AN ADDITIONAL FIFTEEN PERCENT (15%) PENALTY
FOR THE COLLECTION OF DELINQUENT TAXES; DEFINING THE TERM
"HOTEL" TO CORRESPOND TO THE STATE LAW DEFINITION;
PERMITTING THE CITY ATTORNEY TO BRING SUIT AGAINST HOTELS
AND MOTELS FOR NOT FILING TAX REPORTS OR PAYING HOTEL/MOTEL
TAXES AND ENJOINING THE HOTEL OR MOTEL FROM OPERATION;
AUTHORIZING THE PARKS AND RECREATION BOARD TO RECOMMEND
PARKING RESTRICTIONS IN CITY PARKS AND RECREATION OR
COMMUNITY FACILITIES; PROVIDING FOR THE COMPOSITION,
APPOINTMENT AND TERMS OF OFFICE FOR THE PARKS AND
RECREATION BOARD TO BE CONSISTENT WITH CITY CHARTER;
ESTABLISHING A SERVICE CHARGE FOR FALSE BURGLAR ALARMS
AFTER FIVE (5) ALARMS IN PRECEDING TWELVE (12) MONTHS HAS
OCCURRED; REQUIRING ANIMALS TO BE V ACCINA TED AGAINST
RABIES BY THE AGE OF FOUR (4) MONTHS AND ANNUALLY
THEREAFTER; PROVIDING FOR THE CREATION OF THE CONSTRUCTION
CODE BOARD AND THE NUMBER OF PERSONS SERVING OF THE BOARD;
PROVIDING FOR THE APPOINTMENT AND QUALIFICATIONS OF THE
CONSTRUCTION CODE BOARD; PROHIBITING DISORDERLY CONDUCT
AND INTOXICATED, GROSS-MANNERED OR VULGAR PERSONS OR
PERSONS OF INDECENT CHARACTER AT ANY PUBLIC DANCE OR
PUBLIC DANCE HALL; RESTRICTING THE SALE OF ALCOHOLIC
BEVERAGES IN DANCE HALLS UNLESS HOLDING PRIV ATE CLUB
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LICENSE; PROVIDING FOR AN APPEALS PROCEDURE WHENEVER DANCE
HALL LICENSE IS DENIED, REVOKED OR SUSPENDED; RESTRICTING
THE SALE OF ALCOHOLIC BEVERAGES IN POOL HALLS UNLESS
HOLDING PRIVATE CLUB LICENSE; PROVIDING FOR THE REVOCATION
OR SUSPENSION OF POOL HALL LICENSES IF PERMISSION TO INSPECT
SUCH ESTABLISHMENTS IS REFUSED AND PROVIDING RECOURSE TO
EVERY REMEDY PROVIDED BY LAW TO SECURE ENTRY; REQUIRING A
CLASS C TEXAS DRIVER'S LICENSE TO OPERATE TAXICAB; PROVIDING
FOR THE REVOCATION OR SUSPENSION OF JUNKY ARD AND SALVAGE
YARD LICENSES IF PERMISSION TO INSPECT SUCH ESTABLISHMENTS
IS REFUSED AND PROVIDING RECOURSE TO EVERY REMEDY PROVIDED
BY LAW TO SECURE ENTRY; PROVIDING FOR EXCEPTIONS FOR THE
BURNING OF TRASH, GARBAGE, REFUSE, AND DEBRIS IF PERMIT HAS
BEEN GRANTED BY FIRE MARSHAL OR BY WRITTEN AUTHORITY OF
THE TEXAS AIR CONTROL BOARD; PROVIDING FOR THE
ESTABLISHMENT AND DUTIES OF THE BUREAU OF FIRE PREVENTION
AND PROVIDING THAT IT BE OPERATED UNDER THE SUPERVISION OF
THE FIRE CHIEF AND PROVIDING THE APPOINTMENT OF THE FIRE
MARSHAL BY THE FIRE CHIEF BE SUBJECT TO APPROVAL OF THE CITY
MANAGER; PROVIDING FOR PENAL TIES FOR VIOLATIONS OF THE FIRE
CODE; PROVIDING THAT THE CITY COUNCIL BE THE SOLE AND
EXCLUSIVE JUDGE IN DETERMINING WHETHER PERSONS ARE
ENTITLED TO ARSON REWARDS; PROVIDING PENALTIES PERTAINING
TO FIREWORKS VIOLATIONS; RESTRICTING FIREWORKS WITHIN FIVE
THOUSAND FEET (5,000') OF CITY LIMITS; DEFINING "AIR
CONTAMINANT" TO COMPLY WITH THE STATE LAW DEFINITION;
MAKING IT UNLAWFUL TO LEAVE DEBRIS AND/OR DIRT ON CITY
STREETS UNLESS ADEQUATE WARNING SIGNS, LIGHTS, DEVICES,
BARRICADES AND CHANNELIZING DEVICES ARE ERECTED AND
MAINT AINED; PROVIDING FOR PROCEDURES AND NOTICE
REQUIREMENTS FOR REPLA TS INVOLVING PROPERTY ZONED OR
DEVELOPED AS SINGLE FAMILY OR DUPLEX USES; REQUIRING
EMERGENCY VEHICLES TO USE AUDIBLE AND VISUAL SIGNALS AND
WARNINGS IN ACCORDANCE WITH THE POLICIES OF THE TEXAS
DEPARTMENT OF PUBLIC SAFETY AND SECTION 124 OF THE UNIFORM
ACT REGULATING TRAFFIC ON HIGHWAYS; REGULATING LOADS
PROJECTING BEYOND VEHICLES AND REQUIRING LIGHTS, FLAGS, AND
REFLECTORS; REGULATING THE PASSING OF VEHICLES PROCEEDING
IN THE SAME DIRECTION; ESTABLISHING STREET RENTAL CHARGES
FOR TAXICABS; ESTABLISHING SERVICE CHARGES ON FALSE
BURGLAR ALARMS TO COMPLY WITH STATE LAW; AND ESTABLISHING
CHARGES FOR THE STORAGE OF VEHICLES FOR EACH DAY OR
FRACTION THEREOF TO COMPLY WITH STATE LAW; ADOPTING A NEW
SCHEDULE OF FEES AND CHARGES OF THE CITY OF WYLIE; AND
ESTABLISHING AN EFFECTIVE DATE FOR THIS ORDINANCE AND THE
NEW CODE OF ORDINANCES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS:
SECTION 1
That the Code of Ordinances consisting of Chapters 1 through 12 and including Appendix
A and B, each inclusive, is hereby adopted and enacted as the Code of Ordinances of the
City of Wylie, Texas, and shall be treated and considered as a new and original
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comprehensive ordinance, which shall supersede all other general and permanent
ordinances passed by the City Council on or before October 9, 1990 to the extent provided
herein, except as hereinafter provided for.
SECTION 2
That all provisions of such Code shall be in full force and effect from and after the
day of , 1991, and all ordinances of a general and permanent nature
of the City of Wylie, Texas, enacted on or before and not included in this Code or
recognized and continued in force by reference herein, are hereby repealed from and after
the _ day of ,1991, except as hereinafter provided.
SECTION 3
That the repeal provided for in Section 2 above shall not affect any of the following:
(a) Any events or act committed or done, or any penalty or forfeiture incurred, or any
contract or right established or occurring before the effective date of this Code.
(b) Any ordinance promising or guaranteeing the payment of money for the City, or
authorizing the issuance of any bonds of the City or any evidence of the City's
indebtedness.
(c) Any contract or obligation assumed by the City.
(d) Any right or franchise granted by the City.
(e) Any ordinance dedicating, naming, establishing, locating, relocating, opening,
paving, widening, vacating, or affecting the right-of-way of any street or public way in
the City.
(t) Any ordinance relating to municipal street maintenance agreements with the State of
Texas.
(g) Any appropriation ordinance or ordinance providing for the levy of taxes or for
adoption of an annual budget.
(h) Any ordinance relating to local improvements and assessments therefor.
(i) Any ordinance annexing territory to the City or discontinuing territory as a part of
the City.
G) Any ordinance dedicating or accepting any plat or subdivision in the City.
(k) Any ordinance pertaining to the calling of municipal elections and appointing of
election officers.
(1) Any ordinance adopting personnel policies, procedures, rules and regulations.
(m) Any ordinance establishing rates to be charged by privately or semi-publicly owned
utility companies.
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(n) Any ordinance amending zoning districts, approving planned development
districts, or pertaining to the issuance of specific use permits or the granting of
variances.
(0) Any ordinance enacted after October 9, 1990.
The repeal provided for in Section 2 shall not be construed to revive any ordinance or part
thereof that has been repealed by a subsequent ordinance which is repealed by this
ordinance.
SECTION 4
That whenever in such Code of Ordinances 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
wherever in such Code or ordinance the doing of an 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 such Code or any such ordinance shall be punished by a fine not
exceeding five hundred dollars ($500.00), except for:
(a) violations of municipal ordinances that govern fire safety, zoning and public health
and sanitation including dumping of refuse, in which case the maximum fine shall be
two thousand dollars ($2,000.00) for each offense, and for
(b) violations of traffic laws and ordinances which are punishable as a Class C
misdemeanor, in which case the maximum fine shall not exceed two hundred dollars
($200.00).
Provided, however, that no penalty shall be greater or less than the penalty provided for the
same or similar offense under the laws of the State of Texas. Each day any violation of
such Code of Ordinances or any ordinance shall continue shall constitute a separate offense
unless otherwise designated. Any violation of any provision of such Code of Ordinances
which constitutes an immediate danger to the health, safety and welfare of the public may
be enjoined in a suit brought by the City for such purposes.
SECTION 5
That any and all amendments and additions to such Code of Ordinances, when passed in
such form as to indicate the intention of the City Council to make the same a part of the
Code of Ordinances, shall be deemed to be incorporated in such Code of Ordinances so that
reference to the "Code of Ordinances of the City of Wylie, Texas," shall be understood and
intended to include such additions and amendments.
SECTION 6
That in case of the amendment of any section of such Code for which penalty is not
provided, the general penalty as provided in Section 4 of this ordinance shall apply to the
section as amended, or, in case such amendment contains provisions for which a penalty,
other than the aforementioned general penalty is provided in another section of the same
chapter, the penalty so provided in such other section shall be held to relate to the section so
amended, unless the penalty is specifically repealed therein.
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SECTION 7
That a copy of the Code of Ordinances shall be kept on file in the office of the City
Secretary in looseleaf form. It shall be the express duty of the City Secretary, or someone
authorized by the City Secretary, to insert in the designated places all amendments or
ordinances which indicate the intention of the City Council to make the same a part of such
Code of Ordinances when the same has been printed or reprinted in page form by the
codifier designated by the City Council and to extract from such Code all provisions which
may be from time to time repealed by the City Council. Such copy of such Code shall be
available for all persons desiring to examine the same at any time during regular business
hours.
SECTION 8
That it shall be an offense for any person to change or amend, by additions or deletions,
any part or portion of this Code of Ordinances, or to insert or delete pages or portions
thereof, or to alter or tamper with such Code in any manner whatsoever which will cause a
law of the City of Wylie to be misrepresented thereby. Any person violating this section
shall be punished as a misdemeanor.
SECTION 9
That the following provisions included and as printed in this Code of Ordinances are
hereby adopted by the City Council by reference for inclusion therein:
(1) ~ 1.00 of Chapter 1, pertaining to the designation of this Code of Ordinances,
providing for the use of catchlines in the Code, providing for definitions and general rules
of construction for the Code, providing for amendments or additions to the Code,
providing for supplementation of the Code, establishing a general penalty for violations of
the Code, and providing that parts of the Code are severable.
(2) ~ 2.01(b) of Chapter 1, requiring the filing for an elderly homestead exemption with
the chief appraiser of Collin County before May 1.
(3) ~ 2.03 of Chapter 1, providing for the due date of property taxes levied by the city and
stipulating penalties and interest for delinquent taxes.
(4) ~ 2.04 of Chapter 1, providing for a 15% additional penalty for the collection of
delinquent taxes to defray the cost of collection by a contracted attorney.
(5) ~ 4.02 of Chapter 1, providing a definition for hotel to correspond with same definition
as provided by state law.
(6) ~ 4.06 of Chapter 1, providing that the city may bring suit to enjoin hotel or motel from
operation until tax report is filed or hoteVmotel taxes are paid.
(7) ~ 6.02(a) of Chapter 1, authorizing that the Parks and Recreation Board recommend
parking restrictions and hours in city parks, and recreation or community center facilities.
(8) ~ 7.02 of Chapter 1, providing for the composition, appointment, and terms of office
of the Parks and Recreation Board to be consistent with the city charter.
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(9) ~ 14.05 of Chapter 1, providing for a service charge after five false burglar alarms in
the twelve month period preceding any false burglar alarm.
(1 0) ~ 8.00 of Chapter 2, providing that animals required to be vaccinated shall be
vaccinated against rabies by the time the animal is four months of age and annually
thereafter. .
(11) ~ 10.00 of Chapter 2, providing for the quarantining of animals exposed to rabies.
(12) ~ 16.01 of Chapter 3, providing for the creation of the Construction Code Board and
the number of persons serving on such board.
(13) ~ 16.02 of Chapter 3, providing for the appointment and qualifications of the
Construction Code Board.
(14) ~ 5.05 of Chapter 4, prohibiting disorderly conduct in a public dance hall and
prohibiting any intoxicated, gross-mannered or vulgar persons or persons of indecent
character in dance halls and prohibiting indecent dances.
(15) ~ 5.06 of Chapter 4, restricting the sale of alcoholic beverages in dance halls unless
licensed as a private club.
(16) ~ 5.07(g) of Chapter 4, providing for an appeals procedure whenever any dance hall
license is denied, revoked, or suspended.
(17) ~ 6.03 of Chapter 4, restricting the sale of alcoholic beverages in pool halls unless
licensed as a private club.
(18) ~ 6.04(j) of Chapter 4, providing for the revocation or suspension of pool hall
licenses if permission to inspect pool halls is refused and providing recourse to every
remedy provided by law to secure entry.
(19) ~ 8.06(c) of Chapter 4, requiring a Class C Texas driver's license to drive a taxicab.
(20) ~ l1.04(b) of Chapter 4, providing for revocation or suspension of junkyard and
salvage yard licenses if permission to inspect such establishments is refused and providing
recourse to every remedy provided by law to secure entry.
(21) ~ 1.oo(b-d) of Chapter 5, providing for exceptions to burning trash, garbage, refuse
or other debris if permit has been granted by Fire Marshal and pursuant to written authority
from the Texas Air Control Board and providing that such authorization for burning does
not relieve liability.
(22) ~ 2.02(b) of Chapter 5, providing for the establishment and duties of the Bureau of
Fire Prevention to be operated under the supervision of the Fire Chief and providing that
the Fire Marshal shall be appointed by the Fire Chief subject to approval of the City
Manager.
(23) ~ 2.09 of Chapter 5, providing for penalties for violations of the fire code.
(24) ~ 3.00 of Chapter 5, providing that the City Council be the sole and exclusive judge
in determining whether persons are entitled to arson rewards.
(25) ~ 4.05 of Chapter 5, providing for penalties for violations pertaining to fireworks.
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(26) ~ 4.06 of Chapter 5, restricting fireworks within five thousand feet of the city limits.
(27) ~ 1.01 of Chapter 6, providing for the definition of air contaminant as defined by state
law.
(28) ~ 3.01 of Chapter 7, providing that it is unlawful to leave debris and/or dirt on city
streets unless warning signs, lighting devices, barricades and channelizing devices are
erected and maintained.
(29) ~ 4.05 of Chapter 9, providing for procedures and notice requirements for replatting
property zoned or developed as single family or duplex uses.
(30) ~ 5.04(b-c) of Chapter 10, providing that emergency vehicles use audible and visual
signals and warnings in accordance with the policies of the Texas Department of Public
Safety and Section 124 of the Uniform Act Regulating Traffic on Highways.
(31) ~ 12.00 of Chapter 10 regulating loads projecting beyond any vehicle and specifying
lights, flags, and reflectors.
(32) ~ 16.02(a) of Chapter 10 regulating the passing of vehicles proceeding in the same
direction.
(33) ~ 14.00 of Appendix A establishing a street rental charge for the operation of
taxicabs.
(34) ~ 17.02 of Appendix A establishing the service charge on false burglar alarms.
(35) ~ 30.02(t) of Appendix A establishing charges for the storage of vehicles per day or
fraction thereof.
(36) Appendix A establishing a new schedule of fees and charges for the city.
SECTION 10
That whenever in such Code provisions, adopted in Section 9 of this ordinance, an act is
prohibited or is made or declared to be unlawful or an offense or an misdemeanor, or
wherever in such Code provisions the doing of an 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 shall be punished by a fine not exceeding five hundred dollars ($500.00),
except for violations of municipal ordinances that govern fire safety, zoning and public
health and sanitation including dumping of refuse, in which case the maximum fine shall be
two thousand dollars ($2,000.00) for each offense and for violations of traffic laws and
ordinances, in which the maximum fme shall be two hundred dollars ($200.00). Provided,
however, that no penalty shall be greater or less than the penalty provided for the same or
similar offense under the laws of the State of Texas. Each day any violation of such Code
provisions shall continue shall constitute a separate offense unless otherwise designated.
Any violation of any provision which constitutes an immediate danger to the health, safety
and welfare of the public may be enjoined in a suit brought by the City for such purposes.
SECTION 11
That it is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases of the Code of Ordinances hereby adopted are
severable and, if any phrase, clause, sentence, paragraph, or section shall be declared
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unconstitutional by the valid judgment of any court of competent jurisdiction, such
unconstitutionality shall not effect any of the remaining phrases, clauses, sentences,
paragraphs, or sections, since the same would have been enacted by the City Council
without the incorporation of any unconstitutional phrase, clause, sentence, paragraph, or
section.
SECTION 12:
That said Code of Ordinances shall be admitted in evidence without further proof and the
City Secretary shall record said Code as adopted in the ordinance records of the City, and
thereafter such record shall serve as a record of the ordinances so codified and it shall not
be necessary in establishing the context of any particular ordinance so codified to go
beyond said record.
SECTION 13:
That all ordinances or parts of ordinances in conflict herewith are, to the extent of such
conflict, hereby repealed.
SECTION 14:
That this ordinance shall take effect immediately from and after its passage and publication,
as the law in such cases provides.
DULY ADOptED by the City Council of the City of Wylie, Texas, 00 the / tJ day of
[).)J ~ h'plJ l?/V , 1991.
A TIEST:
APPROVED:
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/ ayor, City of ylie
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