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HomeMy WebLinkAboutORD 2008-67 - Culpable Mental Staten, f AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN,ADDING NEW SECTION1.08.040 "CULPABLE♦CHAPTER GEORGETOWN ri OF ORDINANCES ' ! TO GENERAL PROVISIONS; REPEALING CONFLICTING ORDINANCES, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING ♦ DATE. WHEREAS, the Georgetown Code of Ordinances does not provide for a culpable mental state required to establish responsibility for violations of the Code, and WHEREAS, the Council finds that amending the Georgetown Code of Ordinances to provide for culpable mental states to establish responsibility for violations of the Code is in the best interest of the City of Georgetown. NOW, !. COUNCILOF OF GEORGETOWN, i THAT: SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a pari hereof, as if copied verbatim. SECTION 2. Section 1.08.040 of the City Code of Ordinances relating to "Culpable Mental State" is hereby added as follows. (a) If the definition of a violation of this Code does not prescribe a culpable mental state, a culpable mental state is not required if the penalty for such violation does not exceed the sum of $500.00. (b) If the definition of a violation of this Code does not prescribe a culpable mental state and the penalty for such violation exceeds the sum of $500.00, criminal negligence shall suffice to establish criminal responsibility for the violation. (c) Culpable mental states are defined in V.T.C.A., Penal Code 6.03, as amended. SECTION 3. That all ordinances that are in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. Ordinance No. AIDQT� U97 Culpable Mental State Page 1 of 2 SECTION 4. If any provision of this ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. SECTION 5. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective in accordance with the provisions of the Charter of the City of Georgetown. PASSED AND APPROVED on First Reading on the day of 2008. PASSED AND APPROVED on Second Reading on the t'' x 2008. ATTEST: ;f. By: Sandra D. Lee, City Secretary AS TO FORM: Patricia E. Carts, City Attorney Ordinance No. Culpable Mental State Page 2of2 day of THE CITY OF GEORGETOWN e Garver, Mayor