CODE OF ORDINANCES CITY OF LAREDO, TEXAS

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GENERAL ORDINANCES OF THE CITY

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Published in 1981 by Order of City Council

Reprinted in 1999 by Order of City Council

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Adopted, July 7, 1981

Effective, September 7, 1981

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Readopted, November 19, 1985

Effective, December 19, 1985

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Replacement Volume Including

Supplement No. 4

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OFFICIALS
of the
CITY OF LAREDO, TEXAS

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Pat Saenz
Mayor

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Rudy Gonzalez, Jr.
Vidal Rodriguez
Alejandro "Alex" Perez, Jr.
Alberto Torres, Jr.
Norma "Nelly" Vielma
Charlie San Miguel
George J. Algelt
Roberto Balli
Council Members

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Horacio De Leon, Jr.
City Manager

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Jose A. Valdez, Jr.
City Secretary

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Kristin L. Hale
City Attorney

PREFACE

This Code is a republication of the ordinances of Laredo, Texas of a general and permanent nature. As expressed in the Adopting Ordinance, the Code supersedes all such ordinances not included therein or recognized as continuing in force by reference thereto.

The chapters of the Code are arranged in alphabetical order and the sections within each chapter catchlined to facilitate usage. Footnotes which tie related sections of the Code together and which refer to relevant provisions of the state law have been included. A table listing the state law citations setting forth their location within the Code volume is included at the back of this volume. The source of each section is indicated by the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the Comparative Table also appearing in the back of the volume, any ordinance included herein can be readily found in the Code.

Numbering System

The numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two component parts separated by a dash, the figure before the dash representing the chapter number and the figure after the dash indicating the position of the section within the chapter. Thus, the first section of chapter 1 is numbered 1-1 and the sixteenth section of chapter 2 is 2-16. Under this system, each section is identified with its chapter and, at the same time, new sections or even whole chapters can be inserted in their proper places, simply by using the decimal system for amendments. By way of illustration: If new material consisting of three sections that would logically come between sections 6-4 and 6-5 is desired to be added, such new sections would be numbered 6-4.1, 6-4.2 and 6-4.3 respectively. New chapters may be included in the same manner. If the new material is to be included between chapters 11 and 12, it will be designated as chapter 11.5. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject, the next successive number shall be assigned to the new article or division.

Index

The index has been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the index itself which stand as guideposts to direct the user to the particular item in which the user is interested.

Looseleaf Supplements

A special feature of this Code is the looseleaf system of binding and supplemental service, by which the Code will be kept up-to-date periodically. Upon the final passage of amendatory ordinances, they will be properly edited and the page or pages affected will be reprinted. These new pages will be distributed to holders of copies of the Code, with instructions for the manner of inserting the new pages and deleting the obsolete pages. Each such amendment, when incorporated into the Code, may be cited as a part thereof, as provided in section 5 of the Adopting Ordinance.

The successful maintenance of this Code up-to-date at all times will depend largely upon the holder of the volume. As revised sheets are received it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publishers that all such amendments be inserted immediate upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.

Acknowledgments

This republication was under the direct supervision of Janet Cramer and Anne Wilson, Editors, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.

Special appreciation is due to Mr. Gustavo Guevara, Jr., for his supervision, cooperation and interest during the progress of the work on this Republication.

April, 1999
	MUNICIPAL CODE CORPORATION
	Tallahassee, Florida

 

ADOPTING ORDINANCE

An Ordinance Adopting and Enacting a New Code of Ordinances of the City of Laredo, Texas; Establishing the Same; Providing for the Repeal of Certain Ordinances in Conflict Therein; Providing for the Manner of Amending Such Code of Ordinances; Providing a Penalty for the Violation Thereof; and Providing When This Ordinance Shall Become Effective.

Be It Enacted and Ordained by the City Council of the City of Laredo:

Section 1. That the Code of Ordinances, consisting of chapters 1 to 32, each inclusive, is hereby adopted and enacted as the "Code of Ordinances, City of Laredo, Texas," and shall be treated and considered as a new and original comprehensive ordinance which shall supersede all other general and permanent ordinances of the city passed on or before March 18, 1980.

Section 2. That whenever in such Code an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in such Code the doing of any act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, the violation of any such provision of such Code shall be punished by a fine of not more than two hundred dollars ($200.00), or imprisonment not exceeding one hundred (100) days, as provided in section 1-6 of the Code.

Section 3. That any and all additions and amendments to such Code, when passed in such form as to indicate the intention of the City Council to make the same a part thereof, shall be deemed to be incorporated in such Code so that reference to the "Code of Ordinances, City of Laredo, Texas," shall be understood and intended to include such additions and amendments.

Section 4. That in case of the amendment of any section of such Code for which a penalty is not provided, the general penalty as provided in section 4 [2] of this ordinance and section 1-6 of such Code shall apply to the section as amended; or, in case such amendment contains provisions for which a penalty, other than the aforementioned general penalty, is provided in another section in the same chapter, the penalty so provided in such other section shall be held to relate to the section so amended, unless such penalty is specifically repealed therein.

Section 5. That a copy of such Code shall be kept on file in the office of the city secretary preserved in looseleaf form, or in such other form as the city secretary may consider most expedient. It shall be the express duty of the city secretary, or someone authorized by him, to insert in such copies and in their designated places all amendments or ordinances which indicate the intention of the city council to make the same a part of such Code when the same have been printed or reprinted in page form, and to extract from such copies all provisions which may be from time to time repealed by the city council. Such copies shall be available for all persons desiring to examine the same.

Section 6. That it shall be unlawful for any person to change or alter, by additions or deletions, any part or portions of such Code, or to insert or delete pages or portions thereof, or alter or temper with such Code in any manner whatsoever which causes the law of the city to be misrepresented thereby. Any person violating this section shall be punished as provided in section 1-6 of such Code, and in section 2 of this ordinance.

Section 7. That all ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.

Section 8. That this ordinance shall become effective on the 7th day of September, 1981.

PASSED AND APPROVED on this 7th day of July, 1981.

CITY OF LAREDO, TEXAS

	/s/ Aldo Tatangelo       Mayor

ATTEST:

/s/ Gustavo Guevara, Jr.       City Secretary

READOPTING ORDINANCE

ORDINANCE NO. 85-201

Adopting a New Code of Ordinances of the City of Laredo, Texas; Establishing the Same; Providing for the Repeal of Certain Ordinances in Conflict Therewith Save and Except Other Ordinances of a Particular Kind Mentioned; Providing for the Manner of Amending such Code of Ordinances; Providing a Penalty for the Violation thereof; and Providing for an Effective Date.

Whereas, the City Council of the City of Laredo by Ordinance dated July 7, 1981, adopted a Code of Ordinances; and

Whereas, copies of all ordinances requiring inclusion in the Code of Ordinances by virtue of either amendments to existing provisions of the current Code or additions to existing provisions of the current Code, which have been adopted by the city council up to and including September 18, 1984, have been submitted to the printers; and

Whereas, the printers have submitted to the city secretary one hundred (100) printed copies of the revised Code containing all relevant ordinances passed by the city council up to and including September 18, 1984; and

Whereas, the city council deems it necessary and appropriate to adopt the proposed revised Code of Ordinances, containing all amendments and additions thereto as provided in ordinances passed from the date of adoption of the original Code of Ordinances of 1981 to September 18, 1984, subject to the modifications to said printed code provided for hereinafter.

Now, Therefore, Be It Ordained by the City Council of the City of Laredo That:

Section 1.

(a)

The revised Code of Ordinances, consisting of chapters 1 to 32, inclusive, and appendices A and B, is hereby adopted and enacted as "The Code of Ordinances of the City of Laredo, Texas," subject to the modifications set out in subparagraphs (b), (c) and (d) herein, and shall be treated and considered as a new and original comprehensive ordinance which shall supersede all other general and permanent ordinances of the City of Laredo passed on or before September 18, 1984.

(b)

The following sections of the Code as printed are hereby expressly repealed and deleted from the said printed code, since they are either in conflict with the charter or superseded by subsequent ordinances:

Section 2-16. Reserved.

Section 2-17. Reserved.

Section 2-18. Reserved.

Section 2-19. Reserved.

Section 2-20. Reserved.

Section 2-21. Reserved.

Section 2-22. Reserved.

Section 2-23. Reserved.

Section 2-24. Reserved.

Section 2-26. Reserved.

Section 2-39. Reserved.

Section 2-40. Reserved.

Section 2-58(i). Reserved.

Section 26-38. Reserved.

Section 26-39. Reserved.

Section 26-40. Reserved.

Section 26-41. Reserved.

Section 26-42. Reserved.

Section 26-43. Reserved.

Section 26-44. Reserved.

Section 26-45. Reserved.

Section 26-46. Reserved.

Section 26-47. Reserved.

Section 26-48. Reserved.

Section 26-49. Reserved.

Section 26-50. Reserved.

Section 26-51. Reserved.

Section 26-52. Reserved.

Section 28-82. Reserved.

Section 28-83. Reserved.

Section 28-84. Reserved.

Section 28-85. Reserved.

Section 31-17. Reserved.

Section 31-127. Reserved.

Section 31-128. Reserved.

Section 31-129. Reserved.

(c)

Section 26-62 is hereby amended to read as follows:

"Section 26-62. City officers and employees not eligible to bid on property sold under article.

"No officer or employee of the city, either directly or indirectly, shall be eligible to submit a bid for any personal property sold pursuant to the provisions of this article. (Ord. of 5-3-77, § 9)"

(d)

The front two pages of the revised code as printed and [see title page] herein adopted should be and are hereby amended to read as shown on exhibits A and B [see p. iii] attached hereto and incorporated by reference.

Section 2. The Code of Ordinances of the City of Laredo should be understood and intended to include such additions and amendments as are made by the city council thereto and shall be admitted in evidence without further proof and shall be prima facie evidence in all courts of the existence and regularity of the enactments of the particular ordinances and of said Code.

Section 3.

(a)

All ordinances of a general and permanent nature in force when this revised Code takes effect which are inconsistent herewith or in conflict with this Code are hereby repealed except as herein provided.

(b)

All ordinances in effect upon the effective date of this Code not inconsistent with any of the provisions of this revised Code which are omitted from such revision or codification shall not be deemed to have been repealed, but shall be continued in full force and effect unimpaired by this revised Code.

(c)

The repeal of any ordinance or any portion thereof by the preceding sections shall not affect or impair any act done or right vested or accrued or any proceeding, suit or prosecution had or commenced in any cause before such repeal shall take effect; but every such act done, or right vested or accrued, or proceeding, suit or prosecution had or commenced shall remain in full force and effect to all intents and purposes as if such ordinances or part thereof so repealed had remained in force. No offense committed and no liability, penalty or forfeiture either civilly or criminally incurred prior to the time when any such ordinance or part thereof shall be repealed or altered by the revised Code shall be discharged or affected by such repeal or alteration; but prosecutions and suits for such offense, liabilities, penalties or forfeitures shall be instituted and proceeded with in all respects as if such prior ordinance or part thereof had not been repealed or altered.

(d)

No general or special ordinance or resolution heretofore enacted validating or legalizing the acts or omissions of any officer or validating any ordinance, act or proceeding whatever shall be affected by the repealing clause of this ordinance; but all validating or legalizing ordinances whatsoever now in force are hereby continued in force.

(e)

No ordinance relating to the public debt or the public credit or any annexation of territory shall be affected by the repealing clause of this ordinance.

(f)

No ordinance relating to a contract to which the city is a party or any contract made for its benefit shall be affected by the repealing clause of this ordinance.

(g)

All ordinances making specific appropriation of public funds are continued in force.

(h)

Nothing in the repealing clause of this ordinance shall be construed as releasing any person, firm, or corporation from any duty enjoined in the limitation or condition imposed by any ordinance that may be repealed by said repealing clause.

(i)

Nothing herein shall be construed as a repeal or modification of any ordinance levying a special benefit assessment or creating a lien and debt against the owner of any property improved by the opening, widening, extension or paving of any street or public thoroughfare within the City of Laredo.

(j)

Nothing herein shall be construed as a repeal of any franchise, license or right granted by the City of Laredo to any person, firm or corporation which license, grant, power or franchise was legally in force and effect at the date of the effective date of this revised Code. Every such license, grant, power or franchise shall expire as originally provided by ordinance.

(k)

This revised Code of Civil and Criminal Ordinances of the City of Laredo shall take effect and be in force thirty (30) days after the date of its adoption.

Section 4. That whenever in such Code or in any ordinance of the city, or in any rule or regulation promulgated pursuant thereto, an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in such Code, ordinance, rule or regulation the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any such provision of such Code or any such ordinance, rule or regulation shall be punishable by a fine of not exceeding two hundred dollars ($200.00); provided, however, that where the offense is one for which a penalty is fixed by state law, the penalty for such offense shall be the same as fixed by state law.

Section 5. In case of the amendment of any section of such Code for which a penalty is not provided, the general penalty as provided in section 1-6 of such Code shall apply to the section as amended; or in case such amendment contains provisions for which a penalty, other than the aforementioned general penalty, is provided in another section in the same chapter, the penalty so provided in such other section shall be held to relate to the section so amended, unless such penalty is specifically repealed therein.

Section 6. Ordinances adopted subsequent to the 18th of September, 1984, shall not be deemed to have been repealed by the repealing part of this ordinance but such ordinances are continued in full force and effect.

Section 7. It shall be unlawful for any person, firm or corporation in the city to change or amend by additions or deletions, any part or portion of such Code, or to insert or delete pages or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City of Laredo to be misrepresented thereby. Any person, firm or corporation violating this section shall be punished as provided in section 1-6 of the Code of Ordinances of the City of Laredo.

Section 8. A copy of such Code shall be kept on file in the office of the city secretary preserved in looseleaf form, or in such other form as the city may consider most expedient. It shall be the express duty of the city secretary to insert in their designated places all amendments or ordinances which indicate the intention of the city council to make the same a part of such Code when the same have been printed or reprinted in page form, and to extract from such Code all provisions which may be from time to time repealed by the city council. This copy of such Code shall be available to all persons desiring to examine the same and shall be considered the official Code of Ordinances of the City of Laredo.

Section 9. That it is the desire of the governing body of the City of Laredo to keep said Code current and up-to-date by causing any amendments, whether they be additions, deletions or changes, to be published in the form of supplements or reprints of pages, not less than once a year. These supplements or reprinted pages when inserted in proper place in their entirety shall constitute the official Code up to the date of the most recently published supplement or reprinted pages. All of the one hundred (100) copies of said Code shall be deemed official copies, one (1) of which official copies shall be kept in the office of the city secretary of the City of Laredo, and shall be kept complete and up-to-date with all such changes, supplements and reprinted pages. In the event any question is raised as to whether a Code or any part thereof purchased from the City of Laredo is complete and up-to-date, the copy in the office of the city secretary shall be final and conclusive. Any ordinance which amends, supplements or repeals any of the provisions of the Code and which is not contained in the supplements or reprints of pages in the Code, and not otherwise repealed, shall nonetheless be deemed in force and effect from the date indicated in same, and upon proof of its existence be admissible in evidence in any of the Courts of this State or the United States, or for any other lawful purposes.

Section 10. That this ordinance shall take effect at the expiration of thirty (30) days after adoption.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE 19th DAY OF NOVEMBER, 1985.

	/s/ Aldo Tatangelo       Mayor

ATTEST:

/s/ Hortencia C. Gonzelez       City Secretary