CODE CITY OF GALVESTON, TEXAS 1982  


Latest version.
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    GENERAL ORDINANCES OF THE CITY

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    Adopted, December 3, 1981

    Effective, January 1, 1982

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    Published by Order of the City Council

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    PREFACE

    This Code is a codification of the ordinances of the City of Galveston, Texas, of a general and permanent nature. As expressed in the Adopting Ordinance, the Code supersedes all such ordinances not included therein or recognized as continuing in force by reference thereto. Part I contains the Charter.

    The chapters of the Code are arranged in alphabetical order and the sections within each chapter are catchlined to facilitate usage. Footnotes which tie related sections of the Code together and which refer to relevant provisions of the state law have been included. A table listing the state law citations setting forth their location within the Code volume is included at the back of this volume. The source of each section is indicated by 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 Table also appearing in the back of the volume, any ordinance included herein can be readily found in the Code.

    Numbering System

    The numbering system used in this Code is the same system used in many state and municipal codes. Each section number consists of two component parts separated by a dash, the figure before the dash representing the chapter number and the figure after the dash indicating the position of the section within the chapter. Thus, the first section of Chapter 1 is numbered 1-1 and the tenth section of Chapter 20 is 20-10. Under this system each section is identified with its chapter and, at the same time, new sections or even whole chapters can be inserted in their proper places, simply by using the decimal system for amendments. By way of illustration: If new material consisting of three sections that would logically come between sections 5-4 and 5-5 is desired to be added, such new sections would be numbered 5-4.1, 5-4.2 and 5-4.3, respectively. New chapters may be included in the same manner. If the new material is to be included between Chapters 12 and 13, it will be designated as Chapter 12.5. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters. 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 being assigned to the article or division.

    Index

    The index has been prepared with the greatest of care. Each particular item has been placed under several headings, some of the headings being couched in lay phraseology, other in legal terminology, and still others in language generally used by municipal officials and employees. There are numerous cross references within the index itself which stand as guideposts to direct the user to the particular item in which he is interested.

    Looseleaf Supplements

    A special feature of this Code is the looseleaf system of binding and supplemental service, by which the Code will be kept up-to-date periodically. Upon the final passage of amendatory ordinances, they will be properly edited and the page or pages affected will be reprinted. These new pages will be distributed to the holders of the Code with instructions for the manner of inserting the new pages and deleting the obsolete pages. Each such amendment, when incorporated into the Code, may be cited as a part thereof, as provided in Section 5 of the Adopting Ordinance.

    The successful maintenance of this Code up-to-date at all times will depend largely upon the holder of the volume. As revised sheets 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 publishers 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

    The publication of this Code was under the direct supervision of George R. Langford, President, and Roger D. Merriam, 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 publishers are most grateful to all city officers and employees for their supervision, cooperation and interest during the preparation of this Code. Special appreciation is due Mr. Thomas H. Meuhlenbeck, City Manager, Mr. Stephen N. Huffman, Assistant City Manager for Operations, Mr. Robert V. Shattuck, Jr., City Attorney and Ms. Patsy M. Poole, City Secretary, for their efforts and assistance to the publisher.

    December, 1981

    MUNICIPAL CODE CORPORATION
    Tallahassee, Florida

     

    ORDINANCE NO. 81-112

    An Ordinance Adopting and Enacting the Code of the City of Galveston, 1982; Establishing the Same; Providing for the Repeal of Certain Ordinances Not Included Therein; Except As Herein Expressly Provided, and Providing for the Effective Date of Such Code and a Penalty for the Violation Thereof; Providing for the Manner of Amending Such Code and Providing an Effective Date of This Ordinance.

    Be It Ordained By the City Council of the City of Galveston, Texas:

    Section 1.  That the Code of Ordinances, consisting of Chapters 1 to 37, each inclusive, is hereby adopted and enacted as "The Code of The City of Galveston, 1982" and shall be treated and considered as a new and original comprehensive ordinance which shall supersede all other general and permanent ordinances passed by the City Council on or before February 7, 1980, to the extent provided in Section 2 hereof.

    Section 2.  That all provisions of such Code shall be in full force and effect from and after the 1st day of January, 1982, and all ordinances of a general and permanent nature of the City of Galveston, enacted on final passage on or before February 7, 1980, and not included in such Code or recognized and continued in force by reference therein are hereby repealed from and after the 1st day of January, 1982, except as hereinafter provided. No resolution of the City, not specifically mentioned, is hereby repealed.

    Section 3.  That the repeal provided for in Section 2 hereof shall not affect any of the following:

    (a)

    Any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of such 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, opening, paving, widening, vacating, etc., any street or public way in the City;

    (f)

    Any ordinance relating to municipal street maintenance agreements with the State of Texas;

    (g)

    Any ordinance establishing or prescribing grades for streets in the City;

    (h)

    Any appropriation ordinance or ordinance providing for the levy of taxes or for an annual budget;

    (i)

    Any ordinance relating to local improvements and assessments therefor;

    (j)

    Any ordinance annexing territory to the City or discontinuing territory as a part of the City;

    (k)

    Any ordinance dedicating or accepting any plat or subdivision in the City; or regulating subdivisions;

    (l)

    Any ordinance amending the Charter;

    (m)

    Any ordinance not expressly amending this or any prior Code of the City of Galveston;

    (n)

    Any zoning ordinance;

    (o)

    Any ordinance enacted after February 7, 1980.

    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 which is repealed by this ordinance.

    Section 4.  That whenever in such Code an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in such Code 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 such Code shall be punished by a fine not exceeding Two Hundred Dollars ($200.00), as provided in Section 1-7 of such Code.

    Section 5.  That any and all additions and amendments to such Code, when passed in such form as to indicate the intention of the City Council to make the same a part thereof, shall be deemed to be incorporated in such Code so that reference to "The Code of The City of Galveston, 1982" shall be understood and intended to include such additions and amendments.

    Section 6.  In case of the amendment of any section of such Code for which a penalty is not provided, the general penalty as provided in Section 4 of this ordinance and Section 1-7 of such Code 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, in the same chapter, the penalty so provided in such other section shall be held to relate to the section so amended, unless such penalty is specifically repealed therein.

    Section 7.  That a copy of such Code shall be kept on file in the office of the City Secretary preserved in looseleaf form, or in such form as the City Secretary may consider most expedient. It shall be the express duty of the City Secretary, or someone authorized by him, to insert in their designated places all amendments or ordinances which indicate the intention of the City Council to make the same a part of such Code when the same have been printed or reprinted in page form, and to extract from such Code all provisions which may be from time to time repealed by the City Council. This copy of such Code shall be available for all persons desiring to examine the same.

    Section 8.  That it shall be unlawful for any person to change or amend, by additions or deletions any part or portion of such Code, or to insert or delete pages or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City of Galveston to be misrepresented thereby. Any person violating this section shall be punished as provided in Section 4 of this ordinance.

    Section 9.  That all ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.

    Section 10.  That this ordinance shall become effective on the 1st day of January, 1982.

    APPROVED AS TO FORM:

    /s/ Robert V. Shattuck, Jr.
    City Attorney

    I, PATSY M. POOLE, Secretary of the City Council of the City of Galveston, do hereby certify that the foregoing is a true and correct copy of an ordinance adopted by the City Council of the City of Galveston at its regular meeting held on the 3rd day of December, 1981, as the same appears in records of this office.

    IN TESTIMONY WHEREOF, I subscribe my name hereto officially under the corporate seal of the City of Galveston this 3rd day of December, 1981.

    /s/ Patsy M. Poole
    Secretary of the City Council
    of the City of Galveston