HomeMy WebLinkAboutORD 1351 Relating to Municipal Court and Failures to Appear
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ORDINANCE NUMBER 1351
AN ORDINANCE RELATING TO MUNI0lPAL COURT AND FAILURES TO APPEAR BEFORE
SUCH COURT; AMENDING THE CODE OF'ORDINANCES OF THE 'CITY OF WEST
UNIVERSITY PLACE, TEXAS; CONTAINING, FINDINGS AND PROVISIONS RELATING TO
THE SUBJECT; AND DECLARING AN EMERGENCY.
WHEREAS, the City Council desires to enhance the ability of the
City.s enforcement staff to enforce the various ordin'ances"o'fthe City,
especially those ordiances that do not relate to traffic on highways;
and
WHEREAS, the City Council has been advised that a major problem
hindering enforcement is the failure of persons who are charged to
appear before the municipal court; and
WHEREAS, the City Council is aware that the state law applies to
failures to appear in traffic cases and also in cases where the actor
is released from custody, but it appears that there is no state law
applicable in other cases where the actor gives a promise to appear but
fails to do so; and
WHEREAS, the City Council desires to provide an ordinance that
will complement, and not conflict with, the state failure-to-appear
laws; NOW, THEREOFRE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS:
Section 1. Section 14-7 of the Code Of Ordinances of the City Of
West University Place, Texas is hereby amended to read in its entirety
as follows:
Sec. 14-7. Failure To Appear.
(a) It shall be unlawful for any person charged with a violation
of this Code, other ordinance of the City or,in any way required to
appear before the municipal court to fail to do so.
(b) A person who signs a written promise to appear before the
municipal court commits an offense if he intentionally or knowingly
fails to appear in accordance with the promise.
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Ordinance Number 1351
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(c) It is a defense to prosecution under this section that the
actor had a reasonable excuse for his failure to appear. This section
does not apply if the promise to appear is given in connection with an
alleged violation of the Uniform Act Regulating Traffic On Highways,
art. 6701d TEX. REV. CIV. STAT. ANN. This section does not apply if
the actor is released from custody on condition that he subsequently
appear before the municipal court.
(c) Violation of this section is punishable by a fine not to
exceed $500 for each separate failure to appear. Nothing in this
section limits the authority of the municipal court to issue warrants,
summonses or other court process papers.
Section 2. All ordinances and parts of ordinances in conflict
herewith are hereby repealed to the extent of the conflict only.
Section 3. If any word, phrase, clause, sentence, paragraph,
section or other part of this ordinance or the application thereof to
any person or circumstance, shall ever be held to be invalid or
unconstitutional by any court of competent jurisdiction, t~e remainder
of this ordinance and the application of such word, phrase, clause,
sentence, paragraph, section or other part of this ordinance to any
other persons or circumstances shall not be affected thereby.
Section 4. The City Council officially finds, determines and
declares that a sufficient written notice of the date, hour, place and
subject of each meeting at which this ordinance was discussed,
considered or acted upon was given in the manner required by the Open
Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended,
and that each such meeting has been open to the public as required by
law at all times during such discussion, consideration and action. The
City Council ratifies, approves and confirms such notices and the
contents and posting thereof.
Section 5. The public importance of this measure and the
requirements of the law create an emergency and an urgent public
necessity requiring that this Ordinance be passed and take effect as an
emergency measure, and a state of emergency is hereby declared, and
this Ordinance is accordingly passed as an emergency measure and shall
take effect and be in force on the tenth day following its publication,
as required by Section 2.12 of the City Charter.
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Ordinance Number 1351
PASSED AND APPROVED this the' 24th day of July , 1989.
ATTEST:
Voting Aye:
Voting No:
Absent:
'Si gned:
Laura C. Higley, Mayor
Approved as to Form:
Audrey Nichols, City Secretary'
(SEAL)
James L. Dougherty, Jr.
City Attorney
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