City of Carmine Ordinance #1
CITY OF CARMINE
ORDINANCE #1
AN ORDINANCE BY THE CITY OF CARMINE, IN FAYETTE COUNTY
TEXAS, DECLARING CERTAIN ACTS TO BE UNLAWFUL OR AN
OFFENSE OR MISDEMEANOR AND ESTABLISHING A SCHEDULE OF
FINES, PENALTIES AND PUNISHMENTS WHENEVER THE SAME ARE
COMMITED:
WHEREAS, THE CITY OF CARMINE, TEXAS, has determined through its Mayor
and Board of Aldermen that it would be in the best interest of the inhabitants of said municipal
corporation to establish certain acts as being unlawful or an offense or misdemeanor and to
establish a schedule of fines, penalties and punishments for the commission of such unlawful
acts, offenses or misdemeanors; and
WHEREAS, the public importance of this measure and the fact that it is to the best
interest of the inhabitants of this municipal corporation to establish action at the earliest possible
date, constitute and create an urgent public necessity requiring that this be termed and take effect
as an emergency measure and this ordinance is passed and adopted as an emergency measure.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE
CITY OF CARMINE, TEXAS:
Section 1. That the following acts shall be unlawful or an offense or misdemeanor
subject to the penalties, fines and punishments hereinafter set forth, and the following prohibited
acts together with future chapters, ordinances and amendments thereto shall be henceforth
known as the “Code of Ordinance, City of Carmine, Texas” and may be so cited.
No. 1
Abandoning iceboxes and refrigerators. Definitions.
Abandoned shall mean the throwing away or discarding in a manner, which at
common law should constitute an abandonment of personal property of iceboxes,
refrigerators or freezers on vacant property, junk heaps, trash piles or other accumulations
of debris.
Dangerous exposure shall mean the placement of iceboxes, refrigerators or
freezers not in use in a garage, barn, outbuilding, porch, yard, lot or other portion of
premises where children at play may come upon it and be attracted to it.
No. 2
Same. Declared a nuisance.
City of Carmine Ordinance #1
The abandonment or dangerous exposure of any icebox or refrigerator with its
door or doors in normal latching or locking condition is hereby declared to be a public
nuisance and a serious menace to life, because of the danger of children entering such an
icebox, refrigerator or freezer and becoming locked therein and suffocating.
No. 3
Same. Removing and dismantling doors and locks.
It shall be unlawful for any person to abandon or dangerously expose or cause or
permit to be abandoned or dangerously exposed any icebox, refrigerator or freezer unless
the door or doors have been removed from such icebox, refrigerator or freezer or unless
the latch or lock holding each door shut is dismantled or removed so that the door may be
opened from within by simply pushing on it. Jamming or obstructing the lock or latch
shall not be sufficient compliance herewith but the same must be removed or dismantled
so that accidental latching or locking is impossible.
No. 4
Same. Persons responsible.
The duties imposed by Sections No. 2 and No. 3 are imposed alike on the owner
of the icebox, refrigerator or freezer in abandoning it and the owner or any occupant of
premises where a dangerous exposure occurs. Prohibition against abandonment and
dangerous exposure of iceboxes, refrigerators or freezers shall be liberally construed to
effect the remedy intended and prevent loss of a child’s life.
No. 5
Immoral Acts. Exposure or act.
It shall be unlawful for any person to expose his person in an indecent manner, or
do any obscene or indecent act in any street or other public place, or in the presence of
any person.
No. 6
Removing landmarks and street signs.
It shall be unlawful for any person to remove any post, stake or other mark
indicating the lines of any street or alley, or pull down, remove or deface any board, sign
or plate indicating the name of any street.
No. 7
Loitering. On streets; encumbering streets thereby.
It shall be unlawful for any person to obstruct or encumber any street corner,
sidewalks or other public place in the city, or lounge or loiter in or about the same after
being requested or ordered to move on by a policeman or by any peace officer.
No. 8
Same. About the premises of another.
It shall be unlawful for any person to be found loitering about the property or
upon the premises of another without being able to give a good account of himself.
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No. 9
Possession of property without authority. Animals or vehicles; improper use with
consent.
It shall be unlawful for any person to take or use temporarily any animal or any
vehicle for the transportation of things or persons, owned or controlled by another
without the consent or assent of such owner or person having the control thereof, or for
any servant or other person while in charge of such animal to ride, drive or make
improper use of the same contrary to the will or wishes of the owner or person having
custody or control thereof.
No. 10
Firearms discharging.
It shall be unlawful for any person to discharge any gun, pistol or other firearm of
any description in, on, across or near any public street within the limits of the city.
No. 11
Fighting.
It shall be unlawful for any person to fight with another person in a public place.
No. 12
Ditching of streets.
It shall be unlawful for any person to dig or cut any ditch, or make any opening on
or across any street or sidewalk within the limits of the city without first having obtained
the consent of the city.
No. 13
Disturbances and disorderly conduct. Definitions of “public places”.
A public place is any public road, street or alley, inn, tavern, store, grocery,
workshop or any place to which people commonly resort for purposes of business,
recreation or amusement except where otherwise indicated herein.
No. 14
Same. Of the peace generally.
It shall be unlawful for any person to go into any public place or into or near any
private house or establishment and use loud, vociferous, obscene, vulgar or indecent
language or swear or curse or expose his person crudely, display any pistol or other
deadly weapon in such public place or upon any street or near any private house in a
manner so as to disturb the inhabitants thereof.
No. 15
Same. Allowing in house.
It shall be unlawful for the owner, lessee or proprietor of any house to make,
cause, permit or suffer to be made therein any loud or improper noises, or to collect or
permit to be collected therein any drunken, noisy or disorderly persons to the annoyance
or disturbance of the neighborhood.
City of Carmine Ordinance #1
No. 16
Same. At public assemblies.
It shall be unlawful for any person, by boisterous talking, whistling or any rude or
indecent act or conduct, to disturb the audience of any show, theater, exhibition,
performance, assemblage for religious worship or other lawful public assembly or
meeting.
No. 17
Burglary tools. Possession unlawful.
It shall be unlawful for any persons to have in his possession any implement or
instrument designed and intended by him to aid in the commission of a burglary or
larceny or for unlawfully picking a lock.
No. 18
Assault and battery. Definitions.
The use of any unlawful violence upon the person of another, with intent to injure
him, whatever be the means or the degree of violence used, is an assault and battery. The
word “battery” is used in the following sections in the same sense as assault and battery.
Any attempt to commit a battery or any threatening gesture, showing in itself or
by words accompanying it, an immediate intention, coupled with an ability to commit a
battery is an assault.
The words “coupled with an ability to commit” shall have the following meaning:
No. 19
(1)
The person making the assault must be in such a position that, if not
prevented, may inflict a battery upon the person assailed.
(2)
He must be within such distance of the person so assailed so as to make it
within his power to commit the battery by the use of the means which he
attempted it.
(3)
It follows that one who is at the time of making any attempt to commit a
battery under such restraint as to deprive him of the power to act or who is
at so great a distance from the person assailed that he cannot reach his
person by use of the means with which he makes the attempt, is not guilty
of an assault, but the use of any dangerous weapon, or the semblance
thereof, in any angry or threatening manner, with intent to alarm another
and under circumstances calculated to effect that object, comes with the
meaning of an assault.
Same. Degrees of assault.
Any assault is either a simple assault, an aggravated assault or an assault or an
assault with an intent to commit some other offense.
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No. 20
Same. Violence not amounting to.
Violence used to the person does not amount to an assault or battery in the
following cases:
(1)
In the exercise of the right of moderate restraint or correcting given by law
to the parent over the child, the guardian over the ward, the master over
the apprentice and the teacher over the scholar.
(2)
In the preservation of order in a meeting for religious, political or other
lawful purposes.
(3)
In the preservation of the peace or to prevent the commission of offenses.
(4)
In preventing or interrupting an intrusion upon the lawful possession of
property.
(5)
In making lawful arrest and detaining the party arrested in obedience to
the lawful order of a magistrate or court, and in overcoming resistance to
such lawful order.
(6)
In self defense or defense of another against unlawful violence offered to
his person or property.
In all cases mentioned in this section where violence is permitted to effect a
lawful purpose, only that degree of force may be used which is necessary to effect such
purpose.
No. 21
Annoying use of public rooms in derogation of owner’s rights. Definitions.
The words public rooms for the purpose of section No. 22 shall be deemed to
include any basement, building entrance or doorway, lobby, hallway, stairway,
mezzanine, elevator, foyer, public rest or sitting rooms or any place used in common by
the public, tenants, occupants or guests and situated in a hotel, office or loft building in
the city.
No. 22
Same. Lingering or loafing.
It shall be unlawful for any person to linger, loiter, sit or stand in any public room
in violation of the expressed wish of the owner, lessee, managing agent or person in
charge of the building in which such public room may be situated.
No. 23
Annoyances to females. Indecency, profanity, etc.
City of Carmine Ordinance #1
It shall be unlawful for any person, by rude or indecent behavior or by profane or
obscene language, to disturb or annoy any female in any public assembly or public place.
No. 24
Penalty for all violations of all crimes.
For all violations of all crimes heretofore set forth the maximum penalty shall be
$100.00 or less.
No. 25
Jurisdiction
The Municipal Court of the City of Carmine shall have jurisdiction of all cases
arising within its territorial limits.
No. 26
Weeds, brush, rubbish and certain other conditions constituting a nuisance.
1. Whenever weeds, brush, rubbish and all other objectionable, unsightly and
unsanitary matter of whatever nature shall exist, covering the surface of any lots or
parcels of real estate situated within the city, or when any of such lots or parcels of real
estate, as aforesaid, shall have the surface thereof filled or partly filled with holes or be in
such condition that the same holds or is liable to hold stagnant water therein, or if from
any other cause shall be in such condition as to be liable to cause disease or produce,
harbor or spread disease germs of any nature or tend to render the surrounding
atmosphere unhealthy, unwholesome or obnoxious, the same shall constitute andis hereby
declared to constitute a public nuisance, the prompt abatement of which is hereby
declared to be public necessity.
The word “weeds” as herein used shall include all rank and uncultivated vegetable
growth or matter which has grown to a height so as to become an unwholesome or
decaying mass or a breeding place for mosquitoes or vermin.
Whenever the existence of any nuisance defined in this ordinance on any lots or
parcels of real estate situated within the city shall come to the knowledge of the Mayor, it
shall be his duty to forthwith cause a written notice identifying such property to be issued
to the person owning the same. Such notice shall be addressed to such person at his post
office address or by publication as many as two (2) times within ten (10) consecutive
days, if personal service may not be had or if the owner’s address is not known, requiring
the abatement of such nuisance by grubbing and removing such weeds, brush, rubbish or
other objectionable, unsightly or unsanitary matter of whatever nature, as the case may
be, or by filling in, draining, leveling or otherwise regulating such lots or parcels of real
estate so as to prevent stagnant water standing therein, within ten (10) days from the
service of such notice. Such notice shall further state that, in default of the performance
of the above condition, the city may, at once, cause the same to be done and pay
therefore, and charge the cost and expense incurred in doing or having such work done,
or improvements made, to the owner of such property, and fix a lien thereon as provided
in this article.
City of Carmine Ordinance #1
In the event of the failure, refusal or neglect of the owner or occupant of any
premises or property to cause such nuisance to be removed or abated in the manner and
within the time provided, it shall be the duty of the Mayor to cause the weeds, brush,
rubbish or other unsanitary matter or condition constituting a nuisance to be promptly and
similarly abated in a reasonable and prudent manner at the expense of the city. The
Mayor or his duly authorized representatives shall compile the cost of such work done
and improvements made in abating such nuisance and shall charge such costs against the
owner of such premises. The city council hereby finds and declares that general
overhead of administrative expense of inspection, locating owner, issuing notice,
reinspection and ordering work done, together with all necessary incidents of same,
require the reasonable charge of twenty-five dollars ($25.00) for each lot, or tract or
parcel of acreage and such minimum charge is hereby established and declared to be an
expense of such work and improvement. Notwithstanding, therefore, any tabulation of
recorded cost, a minimum charge of twenty-five dollars ($25.00) shall be assessed against
each lot so improved under the terms of this section, but such sum of twenty-five dollars
($25.00) is hereby expressly stated to be a minimum charge only, and shall have no
application when the tabulated cost of the work done shall exceed such minimum charge.
After charging the same against the owner of the premises, the Mayor shall certify a
statement of such expenses and shall file the same with the County Clerk of Fayette
County. Upon filing such statement with the County Clerk, the city shall have a
privileged lien upon the land described therein and upon which the improvements have
been made, second only to tax liens and liens for street improvements, to secure the
expenditure so made, and ten per cent (10%) interest on the amount from the date of such
payment. For any such expenditures and interest, as aforesaid, suit may be instituted by
the city attorney and recovery and foreclosure had in the name of the municipal
corporation of the city; and the statement so made, as aforesaid, or a certified copy
thereof, shall be prima facie proof of the amount expended in any such work or
improvements. Upon payment of the full charges assessed against any property, pursuant
to the procedure herein above set forth, the Mayor shall be authorized to execute, for and
in behalf of the City, a written release or lien heretofore mentioned.
All notices to cut weeds or abate any nuisance under this ordinance, and all
statements evidencing costs to the city of cutting weeds or abatement of nuisances, upon
failure, refusal or neglect of the owner to cut weeds or abate the nuisance after having
been notified to do so, as well as all other clerical work incident to enforcement of the
provisions of this division, shall be prepared and mailed by the City Secretary.
All payments of money by and collections of money, if any, from property
owners for the purpose of paying the City for expense in abating nuisances as provided
for in this article shall be deposited to the use of the City.
Any owner, lessee or occupant, whether a natural person or a corporation or any
agent, servant, representative or employee of any such owner, lessee or occupant,
including any person having ownership, occupancy or control of any premises or lot or
lots or parcel of real estate or any part thereof, or any interest therein, or improvements
thereon, situated within the limits of the City, on which there exists any nuisance as
City of Carmine Ordinance #1
defined in this chapter, who shall allow or permit any such nuisance to be created or to
remain and continue if created and established, or who shall fail, refuse, or neglect to
remove or abate such nuisance, by one of the methods provided in this article or
otherwise regulating such premises, so as to prevent such a nuisance, within ten (10) days
from the date of service of notice thereof as provided for in this article, shall be deemed
guilty of a misdemeanor, and upon conviction thereof, shall be fined, and each day during
which such failure, refusal or neglect shall continue to exist, shall constitute a separate
offense.
2. Whatever is dangerous to human health or welfare or whatever renders the
ground, the water, the air or food a hazard or an injury to human health us hereby
declared to be a nuisance.
No. 27
City officials. Terms of office.
Section 1. In lieu of a one-year term of office the office of Mayor of the City of
Carmine, Texas, the term of office shall be for a two-year term of office.
Section 2. In lieu of a one-year term of office for Councilmen of the City of
Carmine, Texas, the term of office shall be for a two-year term of office.
Section 3. The Mayor and two Councilmen determined by lot at the first meeting
of the Board of Councilmen following the next annual election after the adopting of this
ordinance shall serve two-year terms. The remaining councilmen shall hold office for an
initial term of one year. Thereafter, all members of the Board of Councilmen shall hold
office for terms of two years and until their successors have qualified.
Section 4. The manner of selecting those Councilmen to serve the initial two year
terms shall be determined by lot and that shall be by placing the names of each of the
elected Councilmen into a receptacle and thereafter, the City Secretary shall draw from
such receptacle the names of two Councilmen and the names of those two Councilmen
first drawn shall serve for period of two years.
No. 28
Traffic rules and regulations for City.
Section 1. The City of Carmine, Texas, adopts by reference as though fully set
out herein verbatim, Article 670ld, Title 116, Vernon’s Ann. Civ. St., as amended and as
shall hereafter be amended, insofar as such article and its provisions may be enforced by
the City of Carmine, and insofar as such enforcements shall not conflict with any of the
existing laws of the State of Texas.
Section 2. Every person convicted of a violation of any provision of this
ordinance shall be subject to a fine of not less that $1.00 and not more than $100.00.
City of Carmine Ordinance #1
Section 3. The Municipal Court of the City of Carmine, Texas, shall have
jurisdiction to try all cases involving violations of any of the provisions of Article 670ld,
Title 116, Vernon’s Ann. Civ. St. falling with the jurisdiction of Municipal Courts.
Section 4. The Clerk of the Municipal Court of the City of Carmine, Texas shall
have exclusive authority to collect all fines levied in accord with this ordinance and shall
cause all the fines to be deposited to the account of the City of Carmine, Texas. Fines
levied and collected shall be used in the construction and maintenance of road, bridges
and culverts therein, and have the enforcement of traffic laws regulating the use of public
road by motor vehicles and motorcycles and to help defray the expense of City traffic
officers. AMENDED 7-11-83
No. 29
The fact that there presently exists a public emergency and an imperative public
necessity for the immediate preservation of public peace, health, safety and general
welfare, requires that the provisions of this ordinance go into effect immediately upon its
introduction, execution and passage, and all rules relating to more than one reading or
taking effect at a future date are hereby suspended; and this ordinance shall be passed and
take effect as an emergency measure and be in full force from and after its passage as
provided by law, and it is so ordained.
Passed this the 13th day of August 1973 with five (5) Aldermen voting in favor of
passage and none voting in opposition thereto.
Signed and approved this the 13th day of August, 1973
Jerry Jacob
Jerry Jacob,
Mayor, City of Carmine, Texas
J. C. Pohl
Alderman
Raymond Steinbach
Alderman
W. J. Neese
Alderman
Emil Albers
Alderman
W. O. Rauch
Alderman
City of Carmine Ordinance #1
AMENDMENT TO ORDINANCE #1, No. 28, Section 4
In accordance with the Uniform Act of Texas Motor Vehicle Law, Vernon’s Annotated
Civil Statues 670ld, Section 144A, and Vernon’s Annotated Civil Statues 6700
Disposition of Fines, the Clerk of the Municipal Court of the City of Carmine, Texas,
shall have exclusive authority to collect all fines levied in accord with this ordinance and
shall cause all fines to be deposited to the Account of the City of Carmine, Texas. The
fines collected are a part of the revenues of the City, and may be disbursed as provided by
the budget, which is adopted annually by the City Council.
Adopted at the Regular Meeting on July 11th, 1983. The motion was made by W. J.
Neese, seconded by W. O. Rauch; carried 5-0.
Johnana Clark
Johnana Clark, Secretary