GENERAL PROVISIONS.

Austin City Code tit. 1, ch. 1-1

in effect

Austin City Code § 1-1-1 APPLICATION; CITATION; AND INTERNAL REFERENCES.

§ 1-1-1 - APPLICATION; CITATION; AND INTERNAL REFERENCES. (A) This title applies to the construction of the City Code. (B) The Code may be cited as the "Austin City Code" or the "City Code." (C) A reference to a title, chapter, article, section or subsection without further identification is a reference to a title, chapter, or section of the Code. (D) A reference to a title, chapter, article, section, subsection, or other numbered or lettered unit without further identification is a reference to a unit of the next larger unit of the Code. (E) The heading of a title, chapter, article, section, subsection, or other numbered or lettered unit of the Code does not limit or expand the meaning of that part of the Code. Source: 1992 Code Section 1-1-1; Ord. 031106-11; Ord. 031211-11.

Austin City Code § 1-1-2 GENERAL DEFINITIONS.

§ 1-1-2 - GENERAL DEFINITIONS. Unless a different definition is expressly provided, in this Code: (1) BUILDING OFFICIAL means the person appointed by the city manager to perform the duties prescribed by ordinance or delegated by the city manager. (2) CITY, when referred to as an actor or as the recipient of an action, means the government of the City of Austin, Texas. A reference to the City as a place includes all the territory over which the government of the City of Austin has jurisdiction for the exercise of its municipal powers. (3) CODE or CITY CODE means this Code and incorporates future amendments. (4) COUNCIL or CITY COUNCIL means the city council of the City of Austin, Texas. (5) DAY means the period of time between any midnight and the midnight following. (6) HEALTH AUTHORITY means the health authority for the City of Austin appointed under Chapter 121 (Local Public Health Reorganization Act) of the Health and Safety Code to administer state and local laws relating to public health, or the health authority's designee. (7) INCLUDES does not imply that items not expressed are excluded. (8) OATH includes an affirmation. (9) OWNER, when applied to real property, includes a part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety of the whole or of a part of the real property. (10) PERSON includes an individual, corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity, but does not include the City. (11) PERSONAL PROPERTY includes every type of property, except real property as defined in this section. (12) PLAT means a map or drawing of a subdivision that is intended for recordation in the plat records of the county in which the subdivision is located after approval by the Planning Commission, the Zoning and Platting Commission, or the city council. (13) PROPERTY means real and personal property. (14) PUBLIC PLACE means any thoroughfare or structure to which people usually resort, or have a right to resort for business or pleasure. (15) REAL PROPERTY includes land, tenements, and hereditaments. (16) ROADWAY means that portion of a street or highway improved, designed, or ordinarily used for vehicular travel. (17) SIDEWALK means a portion of the street between the curblines, or the lateral lines of the roadway, and the adjacent property lines, intended for the use of pedestrians. (18) SIGNATURE includes a symbol executed or adopted by a person with present intention to authenticate a writing. (19) STATE means the State of Texas. (20) STREET or HIGHWAY means the entire width between the boundary lines of every way that is publicly maintained when any part of the way is open to the use of the public for purposes of vehicular travel. (21) WRITTEN includes any representation of words, letters, symbols, or figures. Source: 1992 Code Section 1-1-2; Ord. 031106-11; Ord. 031211-11.

Austin City Code § 1-1-3 WORDS AND PHRASES.

§ 1-1-3 - WORDS AND PHRASES. (A) Words and phrases shall be read in context and construed according to the rules of grammar and common usage. (B) Words and phrases that have acquired a technical or particular meaning, whether by definition or otherwise, shall be construed accordingly. Source: 1992 Code Section 1-1-3; Ord. 031106-11; Ord. 031211-11.

Austin City Code § 1-1-4 TENSE; NUMBER; GENDER; AND GRAMMAR.

§ 1-1-4 - TENSE; NUMBER; GENDER; AND GRAMMAR. (A) The present tense includes the future tense. (B) The singular includes the plural and the plural includes the singular. (C) A word of one gender includes the other genders. (D) A definition of a term includes other grammatical conjugations or variations of the term. Source: 1992 Code Section 1-1-4; Ord. 031106-11; Ord. 031211-11.

Austin City Code § 1-1-5 CALCULATION OF TIME.

§ 1-1-5 - CALCULATION OF TIME. (A) If the last day to perform an act is a Saturday, Sunday, or City holiday, the period is extended to include the next day that is not a Saturday, Sunday, or City holiday. (B) If a number of months is to be computed by counting the months from a particular day, the period ends on the same numerical day in the concluding month as the day of the month from which the computation is begun, unless there are not that many days in the concluding month, in which case the period ends on the last day of that month. (C) A reference to a time of day means Central Standard Time or Central Daylight Saving Time, whichever is in current use in the state. Source: 1992 Code Section 1-1-5; Ord. 031106-11; Ord. 031211-11.

Austin City Code § 1-1-6 CREATION OF DUTIES; DISCRETION; RIGHTS; CONDITIONS; AND PROHIBITIONS.

§ 1-1-6 - CREATION OF DUTIES; DISCRETION; RIGHTS; CONDITIONS; AND PROHIBITIONS. (A) "Shall" imposes a duty. (B) "May" creates discretionary authority or grants permission. (C) "Must" creates or recognizes a condition precedent. (D) "May not" and "shall not" are synonymous, and impose a prohibition. (E) "Is entitled to" creates or recognizes a right. (F) "Is not entitled to" negates a right. (G) "Is not required to" negates a condition precedent. Source: 1992 Code Section 1-1-6; Ord. 031106-11; Ord. 031211-11.

Austin City Code § 1-1-7 SIGNATURES AND OATHS.

§ 1-1-7 - SIGNATURES AND OATHS. (A) A requirement that a writing be signed permits the use of any symbol executed or adopted by a person with present intent to authenticate the writing. (B) A requirement that a writing be sworn means that the writing must be sworn to before a person permitted to administer oaths under state law. Source: 1992 Code Section 1-1-7; Ord. 031106-11; Ord. 031211-11.

Austin City Code § 1-1-8 REFERENCES TO STATE OR FEDERAL LAW.

§ 1-1-8 - REFERENCES TO STATE OR FEDERAL LAW. When this Code refers to or adopts by reference a provision of state or federal law: (1) the reference or adoption is intended to incorporate future amendments to the provision of state or federal law to maintain parallel meaning with this Code; and (2) if the provision of state or federal law is recodified or renumbered, the reference or adoption is intended to incorporate the recodification or the renumbering. Source: 1992 Code Section 1-1-8; Ord. 031106-11; Ord. 031211-11.

Austin City Code § 1-1-9 PROVISIONS CONSIDERED AS CONTINUATION OF EXISTING ORDINANCES.

§ 1-1-9 - PROVISIONS CONSIDERED AS CONTINUATION OF EXISTING ORDINANCES. If an ordinance is codified or recodified, the provisions of that ordinance shall be considered as a continuation of the former ordinance and not as a new enactment. Source: 1992 Code Section 1-1-9; Ord. 031106-11; Ord. 031211-11.

Austin City Code § 1-1-10 EFFECT OF REPEAL OF AN ORDINANCE.

§ 1-1-10 - EFFECT OF REPEAL OF AN ORDINANCE. (A) The repeal of a repealing ordinance does not revive the ordinance originally repealed. (B) The repeal of an ordinance does not affect any punishment or penalty incurred before the repeal took effect, or any suit, prosecution or proceeding pending at the time of the repeal, for an offense committed under the ordinance. Source: 1992 Code Section 1-1-10; Ord. 031106-11; Ord. 031211-11.

Austin City Code § 1-1-11 AMENDMENTS OR ADDITIONS TO CODE.

§ 1-1-11 - AMENDMENTS OR ADDITIONS TO CODE. Ordinances of a general and permanent nature shall be drafted, so far as possible, as specific amendments to this Code. Amendments to this Code shall be made by reference to the chapter and section of the Code to be amended or added. Source: 1992 Code Section 1-1-11; Ord. 031106-11; Ord. 031211-11.

Austin City Code § 1-1-12 SEVERABILITY.

§ 1-1-12 - SEVERABILITY. The provisions of this Code and of its subunits are severable. If any provision of this Code or its application to any person or circumstance is held invalid, the invalidity does not affect another other provision or application of the Code that can be given effect without the invalid provision or application. Source: 1992 Code Section 1-1-12; Ord. 031106-11; Ord. 031211-11.

Austin City Code § 1-1-13 BURDEN OF PROOF OF EXCEPTIONS.

§ 1-1-13 - BURDEN OF PROOF OF EXCEPTIONS. In a prosecution for the violation of a provision of the Code, it is not necessary for the complaint to negate or for the state to prove an exception in the Code concerning a prohibited act. The person charged in a complaint may urge an exception as a defense. Source: 1992 Code Section 1-1-13; Ord. 031106-11; Ord. 031211-11.

Austin City Code § 1-1-14 DESIGNATION OF CITY OFFICIAL OR DEPARTMENT DIRECTOR.

§ 1-1-14 - DESIGNATION OF CITY OFFICIAL OR DEPARTMENT DIRECTOR. The designation of a city official or department director under this Code includes the official's or department director's authorized designee. Source: Ord. 031106-11; Ord. 031106-11; Ord. 031211-11.

Austin City Code § 1-1-15 REFERENCES TO DEPARTMENT, AGENCY, OR OFFICE OF THE CITY.

§ 1-1-15 - REFERENCES TO DEPARTMENT, AGENCY, OR OFFICE OF THE CITY. A reference in this Code to a specific department, agency, or office of the city includes its successor department, agency, or office. Source: Ord. No. 20250813-027, Pt. 1, 8-25-25.

Austin City Code § 1-1-99 OFFENSES; GENERAL PENALTY.

§ 1-1-99 - OFFENSES; GENERAL PENALTY. (A) The Code creates an offense when: (1) an act is prohibited, declared to be unlawful, made an offense, or made a misdemeanor; (2) the doing of an act is required, or the failure to do an act is declared to be unlawful, made an offense, or made a misdemeanor; or (3) the violation of a provision of the code is declared to be unlawful, or made an offense, or made a misdemeanor. (B) An offense is a Class C misdemeanor, and if the Code does not state a penalty for an offense: (1) except as provided by Subsection (B)(2), the offense is punishable by a fine not to exceed $500; or (2) if the offense is a violation of an ordinance that governs fire safety, zoning, or public health and sanitation, including dumping of refuse, the offense is punishable by a fine not to exceed $2,000. (C) A City employee or agent does not commit an offense under this Code if the employee or agent fails to perform a ministerial or administrative duty or take an action required under the Code. Source: 1992 Code Section 1-1-99; Ord. 031106-11; Ord. 031211-11.

Source: City of Austin, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT1GEPR_CH1-1GEPRFetched: 10/27/2026