Ord 069-2007 8/7/2007 ORDINANCE NO. ���
AN ORDINANCE OF THE CITY OF WICHITA FALLS, TEXAS
AMENDING THE CITY OF WICHITA FALLS CODE OF ORDINANCES;
AT CHAPTER 1 BY THE ADDITION OF SECTION 1-15, CULPABLE
MENTAL STATE; PROVIDING A REPEALER CLAUSE, PROVIDING
FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; AND
FINDING AND DETERMINING THAT THE ORDINANCE AT WHICH
THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW.
WHEREAS, the City Council of the City of Wichita Falls seeks to provide for the
health, safety and welfare of its citizens; and
WHEREAS, an amendment to the TEx,�,s PENa� Co�E enacted by the 79 Texas
Legislature requires the inclusion of a culpable mental state for certain offenses defined
by municipal ordinance; and
WHEREAS, the City Council seeks to amend that portion of the Code of
Ordinances relating to the general penalty for violations of the Code to add a general
provision relating to culpable mental states.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. All of the above premises are hereby found to be true and correct
legislative and factual findings of the City of Wichita Falls, and are hereby approved and
incorporated into the body of this ordinance as if copied in their entirety.
SECTION 2. Chapter 1 of the City of Wichita Falls Code of Ordinances is hereby
amended by the addition of Section 1-15, Culpable Mental State, which section shall
hereafter read as follows:
"Sec. 1-15. Culpable Mental State
�a) Unless otherwise specifically stated within the provisions of this Code, anv
violations of this Code or of any ordinance set forth herein that is punishable by a fine
that does not exceed the amount authorized bv Section 12.23 of the TExAS PENA� CooE
does not require a culpable mental state, and a culpable mental state is herebv not
required to prove any such offense.
(b) Unless otherwise specifically stated within the provisions of this Code, anv
violation of this Code or of anv ordinance set forth herein that is punishable by a fine
that exceeds the amount authorized by Section 12.23 of the TEw4s PENa� Co�E shall
require a culpable mental state of "criminal neqli_ e�
SECTION 3. All ordinances or parts of ordinances in force when the provisions of
this Ordinance becomes effective which are inconsistent or in conflict with the terms
and provisions contained in this Ordinance are hereby repealed only to the extent of
any such conflict.
SECTION 4. It is hereby declared to be the intention of the City Council that the
phrases, clauses, sentences, paragraphs and sections of this ordinance be severable,
and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be
declared unconstitutional by the valid judgment or decree of any court of competent
jurisdiction, such unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs or sections of this ordinance, and the remainder of this
Ordinance shall be enforced as written.
SECTION 5. This Ordinance shall take effect immediately upon its passage and
publication as may be required by governing law.
SECTION 6. It is hereby officially found and determined that the meeting at
which this ordinance was passed was open to the public as required by law.
PASSED AND APPROVED this the 7th day of August, 2007.
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Cc , e �—
MAYOR
ATTEST:
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C Clerk