HomeMy WebLinkAboutORD 2012-04 - Culpable Mental StatesAN ORDINANCE • OF ! •
ADDING • CULPABLE MENTAL
CONFLICTINGSTATES TO THE CITY OF GEORGETOWN CODE OF ORDINANCES;
REPEALING ORDINANCES D • •
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FO R
PUBLICATION AND SETTING AN EFFECTIVE DATE
WHEREAS the City Council of the City of Georgetown seeks to provide for the
health, safety and welfare of its citizens; and
WHEREAS, an amendment to the Texas Penal Code enacted by the 79th Texas
Legislature requires the inclusion of a culpable mental state for certain offenses defined
by municipal ordinance; and
WHEREAS, the Council seeks to amend that portion of the City of Georgetown
Code of Ordinances relating to the general penalty for violations of the Code to add a
general provision relating to culpable mental states;
Section 1. The meeting at which this ordinance was approved was in all
things conducted in compliance with the Texas Open Meetings Act, Texas Government
Code, Chapter 551.
Section 2. 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 part hereof, as if copied verbatim.
Section 3. Chapter 1.10 of the City of Georgetown Code of Ordinances is hereby
added as follows:
Chapter 1.10 — Culpable Mental States for Ordinance Violations
(a) Unless otherwise specifically stated within the provisions of this
Code, any violation of this Code that is punishable by a fine that does not exceed
City of Georgetown Culpable Mental State Ordinance
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the amount authorized by Section 12.23 of the Texas Penal Code does not require
a culpable mental state, and a culpable mental state is hereby not required to
prove any such offense.
(b) Unless otherwise specifically stated within the provisions of this
Code, any violation of this Code that is punishable by a fine that exceeds the
amount authorized by Section 12.23 of the Texas Penal Code shall require a
culpable mental state of "criminal negligence."
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 and be in full force and effect
ten (10) days on and after publication in accordance with the provisions of the Charter
of the City of Georgetown.
PASSED AND APPROVED on First Reading on the 13 day of
2011.
PASSED AND APPROVED on Second Reading on the day of
201
ATTEST: THE CITY OF GEORGETOWN
APPROVED AS TO FORM:
Bridget Chapman, Acting City Attorney
City of Georgetown Culpable Mental State Ordinance
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