§ 1-7. General penalty; continuing violations.

(a)

In this section, the term "violation of this Code" means any of the following:

(1)

Doing an act that is prohibited or made or declared unlawful, an offense, a violation or a misdemeanor by ordinance or by rule or regulation authorized by ordinance.

(2)

Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance.

(3)

Failure to perform an act if the failure is prohibited or is made or declared unlawful, an offense, a violation or a misdemeanor by ordinance or by rule or regulation authorized by ordinance.

(b)

In this section, the term "violation of this Code" does not include the failure of a city officer or city employee to perform an official duty unless it is specifically provided that the failure to perform the duty is to be punished as provided in this section.

(c)

Except as otherwise provided by law or ordinance and in subsection (d) of this section, a person convicted of a violation of this Code shall be punished by a fine not to exceed $500.00.

(d)

The penalty imposed for a violation of this Code shall not exceed or be less than the penalty prescribed by state law for the same or a similar offense.

(e)

Except as otherwise provided by law or ordinance:

(1)

With respect to violations of this Code that are continuous with respect to time, each day that the violation continues is a separate offense.

(2)

With respect to other violations, each violation constitutes a separate offense.

(f)

The imposition of a penalty does not prevent suspension or revocation of a license, permit or franchise or other administrative sanctions.

(g)

Violations of this Code that are continuous with respect to time are a public nuisance and may be abated by injunctive or other equitable relief. The imposition of a penalty does not prevent injunctive relief or civil or quasi-judicial enforcement.

State law reference

Penalty for ordinance violations, Texas Local Government Code § 54.001; civil actions for enforcement of certain ordinances, Texas Local Government Code § 54.012; quasi-judicial enforcement of certain ordinances, Texas Local Government Code § 54.031 et seq.