ORDINANCES

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ORDINANCES LOCAL GOVERNANCE AT ITS FINEST
Prepared and Presented by Bonnie L. Goldstein
BONNIE LEE GOLDSTEIN P.C. P.O. BOX 140940 Dallas,
Texas 75214 214-321-3668 214-321-8429
(Fax) bgoldstein_at_blgpclaw.com www.blgpclaw.com
To the Texas Municipal Courts Education
Center 2005-2006
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Legislative Authority or Police Power to enact
ordinances
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GENERAL MUNICIPAL COURT JURISDICTION
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• CRIMINAL JURISDICTION

• exclusive original jurisdiction
• all criminal cases under City ordinances
• punishable by fine only

• 2,000.00 fire safety, zoning and public health
  and sanitation or
• 500.00 in all other cases.

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ORDINANCESAUTHORITY TO CREATE
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Home Rule Municipalities
May exercise of police power to the extent not
prohibited by the United States or Texas
Constitutions or federal or state law.
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General-Law Municipalities
May exercise police power only as specifically
authorized by the general laws of the United
States or Texas Constitution or federal or state
law.
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The governing body of a municipality may adopt,
publish, amend or repeal an ordinance, that

• (1) is for the good government, peace or order of
  the municipality or for the trade and commerce of
  the municipality and
• is necessary or proper for carrying out a power
  granted by law to the municipality or to an
  office or department of the municipality.

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FORMATOFORDINANCES
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Whereas Provisions

• statutory basis
• authority
• legislative findings

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Penalties/Remedies

• criminal, civil or injunctive
• compliance
• culpable mental state

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VALIDITYOFORDINANCES
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Municipal Acts Presumed Valid if

• no law suit filed
• not void at time of enactment
• not preempted

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Challengesextraordinary burden to
demonstrate reasonable minds could not differ
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DOCTRINE OF PREEMPTION
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Ordinance must be consistent, and not conflict
with federal and state law.
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CHALLENGES TO ORDINANCES
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Constitutional Challenges

• facial invalidity
• substantive due process
• procedural due process
• equal protection
• taking of property

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POST CONVICTION OPTIONS
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• DEFERRED DISPOSITION
• REQUIRED COURT APPEARANCE FOR HABITUAL
  VIOLATORS
• ENHANCED PENALTIES
• DAILY CITATIONS
• MANDATORY PRETRIALS WITH PROSECUTOR
• PLEAS AND PAYMENT WITHOUT COMPLIANCE

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INVESTIGATIVE OPTIONS
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Administrative Search WarrantsWarrants for Fire,
Health and Code Inspections

• may be issued to the fire marshal, health officer
  or code enforcement officer
• for the purpose of allowing the inspection of any
  specified premises
• to determine the presence of a fire or health
  hazard or unsafe building condition or a
  violation of any fire, health or building
  regulation, statute, or ordinance.

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Administrative Search Warrants

• may only be issued upon the presentation of
  evidence of probable cause to believe that such a
  condition is present on the premises sought to be
  inspected.

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• Warrants for Fire, Health and Code Inspections
• Probable cause

• age and general condition of the premises
• previous violations or hazards at same
  location
• type of premises
• purposes for which premises are used and
• hazards, violations and general condition of
  premises near location.

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• SPECIFIC TYPES
• OF
• ORDINANCES

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• NUISANCES

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• ORDINANCES
• WITH
• CRIMINAL PENALTIES
• AND
• CIVIL ABATEMENT

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Junked Vehicles
Junked Vehicle is defined as a vehicle that is
self propelled and does not have lawfully
attached to it
an unexpired license plate or a valid motor
vehicle inspection certificate and is wrecked,
dismantled or partially dismantled or discarded
or inoperable and has remained inoperable for
more than
72 consecutive hours, if the vehicle is on public
property or 30 consecutive days if the vehicle
is on private property.
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Offense
An offense occurs if the junked vehicle
constitutes a public nuisance. A junked vehicle
is declared to be a public nuisance if

• the junked vehicle, including a part of the
  junked vehicle is visible at any time of the
  year from a public place or public right-of- way

• is detrimental to the safety and welfare of
  the public
• tends to reduce the value of private
  property
• invites vandalism
• creates a fire hazard
• is an attractive nuisance creating a hazard
  to the health and safety of minors
• produces urban blight adverse to the
  maintenance and continuing development of
  municipalities and
• is a public nuisance.

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• Proceedings

• Criminal Proceedings
• Fines not to exceed 200.00
• Court shall order abatement and removal of
  the nuisance upon conviction.

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High Weeds and Grass and Unsightly/Unsanitary
Matter
The City Council may

• require the filling, draining, and regulating
  of any place in the municipality that is
  unwholesome, contains stagnant water, or is in
  any other condition that may produce disease
• require the owner of a lot in the municipality
  to keep the lot free from weeds, rubbish, brush,
  and other objectionable, unsightly, or
  unsanitary matter
• regulate the cleaning of a building,
  establishment, or ground from filth, carrion, or
  other impure or unwholesome matter.

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