§ 2-52. Nonpeace officers  


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  • (a) Within the scope of their assigned duties, a notice of violation may be issued by any of the following individuals:

    (1) Development services director.

    (2) Health officer.

    (3) Building inspector.

    (4) Plumbing inspector.

    (5) Code enforcement officer.

    (6) Animal control officer.

    (b) A notice of violation issued under this section must be in a form approved by the municipal court clerk that includes the following information:

    (1) The name, address, telephone number, physical description, and date of birth or driver's license number of the person cited;

    (2) The offense with which the person is charged;

    (3) The date and location of the alleged offense;

    (4) An appearance date;

    (5) A statement requiring the person receiving the notice of violation to appear at municipal court on or before the appearance date indicated on the notice of violation;

    (6) A statement of the person's promise to respond to the citation, pursuant to V.T.C.A., Criminal Procedure Code, Art. 27.14, by the appearance date indicated on the citation, including a place for the person cited to provide the person's signature; and

    (7) The signature of the person issuing the citation.

    (c) A notice of violation issued pursuant to this Section does not constitute issuance of a citation by a peace officer pursuant to V.T.C.A., Criminal Procedure Code, Art. 14.06(b) or V.T.C.A., Transportation Code, § 543.003. Otherwise, the use of the term "Notice of Violation" in this Ordinance is legally indistinguishable from a citation under the Code of Criminal Procedure, and the different terminology merely distinguishes the forms issued by peace officers from the forms issued by nonpeace officers.

    (d)

    (1)

    Notices of violation may be sent certified mail or regular mail unless the applicable city ordinance or state law provides otherwise for the particular offense alleged.

    (2) No warrant shall be issued for failure to appear in response to a notice of violation issued under this section unless the notice of violation was served personally, with the signature of the accused obtained, or unless a summons has been served as provided in subsection (d)(3).

    (3) If the notice of violation is by any manner other than personal delivery where a signature is obtained, the court may issue a summons for the accused, with a copy of the complaint attached, ordering the accused to appear before the applicable court in person, by legal counsel, or in a manner authorized by V.T.C.A., Criminal Procedure Code, Art. 27.14.

    (4) If a defendant fails to appear in response to a summons, a capias may be issued as provided by V.T.C.A., Criminal Procedure Code, Art. 23.04.

    (e) A person issued a notice of violation authorized by this article commits an offense if the person fails to appear or enter a plea on or before the appearance date indicated on the citation.

    (f) A person commits an offense if the person interferes with or obstructs the issuance of a notice of violation under this article.

    (g) A person commits an offense if the person gives false or fictitious name, address, or other information to an individual authorized to issue a citation under this section.

    (h) An offense under this section is a misdemeanor punishable upon conviction by a fine not to exceed $500.00.

    (i) Allegation and evidence of a culpable mental state is not required for the proof of an offense defined by this section.

(Ord. No. O-58-08, §§ I—IX, 6-23-2008)