CURRENT OFFICIALS
____________
Travis Mitchell
Mayor
____________
Shane Arabie, Mayor Pro Tem, District 3
Dex Ellison, District 1
Tracy Scheel, District 2
Alex Villalobos, District 4
Damon Fogley, District 5
Daphne Tenorio, District 6
City Council
____________
Scott Sellers
City Manager
____________
James R. Earp, CPM
Assistant City Manager
____________
Paige Saenz
City Attorney
____________
Jennifer Vetrano
City Secretary
PREFACE
This Code constitutes a codification of the general and permanent ordinances of the City of Kyle, Texas.
Source materials used in the preparation of the Code were the ordinances adopted by the city council. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of any ordinance included herein.
The chapters of the Code have been conveniently arranged in alphabetical order, and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code.
Chapter and Section Numbering System
The chapter and section numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two parts separated by a dash. The figure before the dash refers to the chapter number, and the figure after the dash refers to the position of the section within the chapter. Thus, the second section of chapter 1 is numbered 1-2, and the first section of chapter 6 is 6-1. Under this system, each section is identified with its chapter, and at the same time new sections can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 6-1 and 6-2 is desired to be added, such new section would be numbered 6-1.5. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject. The next successive number shall be assigned to the new article or division. New chapters may be included by using one of the reserved chapter numbers. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters.
Page Numbering System
The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes:
CHARTER CHT:1 CHARTER COMPARATIVE TABLE CHTCT:1 CODE CD1:1 CODE APPENDIX CDA:1 CODE COMPARATIVE TABLES CCT:1 STATE LAW REFERENCE TABLE SLT:1 CHARTER INDEX CHTi:1 CODE INDEX CDi:1 Indexes
The indexes have been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the indexes themselves which stand as guideposts to direct the user to the particular item in which the user is interested.
Looseleaf Supplements
A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up to date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.
Keeping this publication up to date at all times will depend largely upon the holder of the publication. As revised pages are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.
Acknowledgments
This publication was under the direct supervision of Alyce A. Whitson, Senior Code Attorney, and Deborah J. Heath, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.
The publisher is most grateful to James R. Earp, CPM, Assistant City Manager, and Paige Saenz, Esq., City Attorney's Office, and the other members of the city staff for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the city readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the city's affairs.
ADOPTING ORDINANCE
ORDINANCE NO. 604An Ordinance Adopting and Enacting a New Code for the City of Kyle, Texas; Providing for the Repeal of Certain Ordinances Not Included Therein; Providing a Penalty for the Violation Thereof; Providing for the Manner of Amending Such Code; and Providing When Such Code and this Ordinance Shall Become Effective.
Now, therefore be it ordained by the City Council of the City of Kyle, Hays County, Texas, that:
Section 1. The Code entitled "Code of Ordinances, City of Kyle, Texas," published by Municipal Code Corporation, consisting of chapters 1 through 53, each inclusive, is adopted.
Section 2. All ordinances of a general and permanent nature enacted on or before May 20, 2008, and not included in the Code or recognized and continued in force by reference therein, are repealed.
Section 3. The repeal provided for in section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance.
Section 4. 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 wherever in such Code or ordinance the doing or any act is required or are failure to do any act is declared to be unlawful, and no specific penalty is provided therefore, the violation of any such provision of this Code or any such ordinance shall be punishable by a fine of not more than 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 dumping of refuse, shall be punishable by a fine of not more than $2,000. 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.
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 wherever 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 the specific penalty provided therefore is punishment by fine exceeding the jurisdictional limit authorized for a Class C Misdemeanor by the Texas Penal Code as defined by V.T.C.A., Penal Code § 12.23 and no specific mental culpability is otherwise required by the provisions of this Code or any such ordinance, it shall be required that the offense have been committed intentionally, knowingly, recklessly or with criminal negligence as defined by the Texas Penal Code.
Each day or fractional part thereof any violation of this Code or of any ordinance shall continue shall constitute a separate offense.
The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code section, whether or not such penalty is reenacted in the amendatory ordinance. 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.
Section 5. Additions or amendments to the Code when passed in such form as to indicate the intention of the city to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments.
Section 6. Ordinances adopted after May 20, 2008, that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code.
Section 7. This ordinance shall take effect immediately from and after its passage.
Section 8. It is hereby officially found and determined that this meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by the Open Meetings Act, Chapter 551, Texas Government Code.
Passed and approved on First Reading this 3rd day of November, 2009.
Finally passed and approved on this the 17th day of November, 2009.
Attest: The City of Kyle, Texas
____________ ____________
Amelia Sanchez, City Secretary Miguel Gonzalez, Mayor