HomeMy WebLinkAboutOrdinance No. 02-1403 CITY OF THE COLONY, TEXAS
ORDINANCE NO. 0 ~- ~ ~
AN ORDINANCE OF THE CItY COUNCIL OF THE CItY OF THE
COLONY, TEXAS, AMENDING THE CODE OF ORDINANCES BY
AMENDING CHAPTER 10- HEALTH AND SANITATION; AMENDING
ARTICLE II- ABANDONED, LOST OR JUNKED PROPERTY
DIVISION 1- GENERALLY; AMENDING SECTION 10-23 - SALE
AUTHORIZED; PROVIDING FOR A PENALTY OF A FINE NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2000,00);
PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS:
Section 1. That Chapter 10 of the Code of Ordinances be amended by amending
Article II, Abandoned, Lost or Junked Property, Division 1 - Generally, by amending Sec. 10-23
Sale Authorized, which shall read in its entirety as follows:
Sec. 10-23. Sale authorized.
All abandoned property of every kind, and all stolen or recovered property which is not
necessary as evidence in a criminal case and which cannot be identified and returned to the
owner, which shall remain unclaimed with the police department for a period of thirty (30) days
may be sold and disposed of at public auction as provided below, or may be disposed of by
donation pursuant to Article 18.17(c) of the Texas Code of Criminal Procedure, subject to prior
approval of the city council. "Bicycles pursuant to Article 18.17(c) of the Texas Code of
Criminal Procedure that are to be donated to local non-profit organizations do not require
prior council approval".
Section 2. Savings.
This Ordinance shall be cumulative of all other ordinances of the city affecting
abandoned property and shall not repeal any of the provision of those ordinances except in those
instances where the provisions of those Ordinances are in direct conflict with the provisions of
this Ordinance.
Section 3. Penalty.
It shall be unlawful for any person to violate any provision of this Ordinance, and any
person violating or failing to comply with any provision hereof shall be fined, upon conviction,
in an amount not more than One Hundred Dollars ($100.00) as set forth in the City's Code of
Ordinances, and a separate offense shall be deemed committed each day during or on which a
Donation of impounded bicycles
October 7, 2002
violation occurs or continues.
Section 4. Enforcement.
A police officer shall not issue a citation under this Ordinance unless the officer has
probably cause that an offense has occurred. A police officer shall not, confine or arrest a person
for violation of this Ordinance under any circumstances in assessing punishment for a person
under the age of 15 years, the Municipal Court Judge may consider a community service, a
tobacco education program, or teen court program. If the Municipal Court Judge assesses
participation in a tobacco education program or community service in lieu of a fine upon
conviction for a violation of this Ordinance, he shall require completion of the community
service or tobacco education program within thirty (3) days of conviction.
Section 5. Severability.
If any section, article, paragraph, sentence, clause, phrase or word in this ordinance or
application thereof to any person or circumstance is held invalid or unconstitutional by a court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
ordinance, and the City Council hereby declares it would have passed such remaining portions of
this ordinance despite such invalidity, which remaining portions shall remain in full force and
effect.
Section 6. Effective Date.
This Ordinance shall become effective from and after its date of passage and publication
of the caption hereof as provided by Law.
PASSED AND APPROVED this ~'~ day of ~'~, 2002.
~B e~lle_ Sh ~~e n,l'XM~~
ATTEST:
Patti A. Hicks, TRMC, City Secretary
APPROVED AS TO FORM:
5 t/^ttorne
Donation of impounded bicycles
October 7, 2002