Sec. 1-3. Certain ordinances not affected by Code. Nothing in this Code or the ordinance adopting this Code will be construed to repeal or otherwise affect the validity of any of the following: (1) 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; (2) Any appropriation ordinance or ordinance providing for the levy of taxes or for an annual budget; (3) Any ordinance annexing territory to the city or discontinuing territory as a part of the city; (4) Any ordinance designating, or otherwise relating to, city depositories; (5) Any ordinance granting any franchise, permit or other right; (6) Any ordinance approving, prescribing or otherwise relating to rates to be charged by utility companies; (7) Any ordinance approving, authorizing or otherwise relating to any contract or agreement; (8) Any ordinance accepting, dedicating, improving, vacating or otherwise relating to any specific street or easement; (9) Any zoning ordinance, including ordinances zoning or rezoning specific property; (10) Any ordinance accepting any plat of a subdivision; (11) Any ordinance providing the rules and regulations governing the platting or replatting of land into subdivisions or otherwise relating to subdivisions in the city or its extraterritorial jurisdiction; and all such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length herein. (Code 1974, § 1-4; Ord. No. 1577, § 19, 8-1-2006) Sec. 1-4. Code does not affect prior offenses, rights, etc. (a) Nothing in this Code or the ordinance adopting this Code shall affect 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 this Code. (b) The adoption of this Code shall not be interpreted as authorizing or permitting any use or the continuance of any use of a structure or premises in violation of any ordinance of the city in effect on the date of adoption of this Code. (Code 1974, § 1-5; Ord. No. 1577, § 19, 8-1-2006) Sec. 1-5. Provisions considered as continuation of existing ordinances. The provisions appearing in this and the following chapters and sections, so far as they are the same as those of ordinances existing at the time of the adoption of the "Code of Ordinances, City of Sugar Land, Texas," shall be considered as a continuation thereof and not as new enactments. (Ord. No. 1577, § 19, 8-1-2006) Sec. 1-6. Catchlines of sections; history notes, etc.; references to Code. (a) The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted. (b) The history or source notes appearing in parentheses after sections in this Code are not intended to have any legal effect but are merely intended to indicate the source of matter contained in the section. Cross references and state law references which appear after sections or subsections of this Code or which otherwise appear in footnote form are provided for the convenience of the user of this Code and have no legal effect. (c) All references to chapters, articles, or sections are to the chapters, articles, and sections of this Code unless otherwise specified. (Code 1974, § 1-3; Ord. No. 1577, § 19, 8-1-2006) Sec. 1-7. Effect of repeal of an ordinance. (a) The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect. (b) The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for an offense committed under the ordinance repealed. (Ord. No. 1577, § 19, 8-1-2006) Sec. 1-8. Burden of proof of exceptions. In any prosecution for the violation of any provision of this Code, it shall not be necessary for the complaint to negate or for the state to prove any exception contained in this Code concerning any prohibited act; provided, that any such exception made therein may be urged as a defense by the person charged by such complaint. (Ord. No. 1577, § 19, 8-1-2006) State law references: Proof of exception, V.T.C.A., Penal Code § 2.02. Sec. 1-9. General penalty for violations of Code; continuing violations. When in this Code or in any ordinance of the city an act or commission is prohibited or is declared to be either unlawful, an offense or a misdemeanor and no penalty is provided, the violation is punishable by a fine not exceeding $2,000.00 for violations that govern fire safety, zoning and public health, other than vegetation and litter violations, and not exceeding $500.00 for all other violations. A penalty will not be more or less than the penalty provided by state law for the same offense. Each day any violation continues constitutes a separate offense. (Code 1974, § 1-6, Ord. No. 880, § 1, 5-3-94; Ord. No. 1577, § 19, 8-1-2006) State law references: Authorized punishment for ordinance violations, Vernon's Ann. Civ. St. art. 1011; authority to adopt penalties for violations of Code, Vernon's Ann. Civ. St. art. 1176a, § 1. Sec. 1-10. Amendments or additions to Code. (a) Amendments to any of the provisions of this Code may be made by amending such provisions by specific reference to the section number of this Code in the following language: "That section _________ of the Code of Ordinances, City of Sugar Land, Texas, is amended to read as follows:...." The new provisions may then set out in full as desired. (b) If a new section is added that did not exist before in the Code, the following language may be used: "That the Code of Ordinances, City of Sugar Land, Texas, is hereby amended by adding a section, to be numbered _________, which section reads as follows:...." The new section may then be set out in full as desired. (Code 1974, § 1-9; Ord. No. 1577, § 19, 8-1-2006) |
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