4.429 — FAILURE TO COMPLY WITH A CITY ORDINANCE / PENALTY NOTICE

Violations of "Statute 4.429" results in a Class E Misdemeanor

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(a) Definitions

Failure to comply with a city ordinance or penalty notice refers to an individual's refusal, neglect, or delay in adhering to any municipal regulation or in responding to an official citation issued for violating such regulations. City ordinances may cover a broad range of matters including but not limited to:

• Zoning and land use

• Noise and nuisance control

• Business operations and permits

• Waste disposal and sanitation

• Traffic and parking regulations

• Public conduct and behavior in designated areas

A penalty notice is an official citation, ticket, or written warning issued by a city officer, inspector, or authorized agent indicating a violation of a local ordinance, with instructions for corrective action, payment of a fine, or court appearance.

(b) Elements

To establish the offense of failure to comply with a city ordinance or penalty notice, the prosecution must prove beyond a reasonable doubt that:

• The defendant was subject to a lawful city ordinance or had been served with a valid penalty notice

• The defendant was made aware of the ordinance or received the notice through direct delivery, mail, or lawful posting

• The defendant failed to take the required corrective action, pay the fine, or appear as directed within the specified time

• The failure to comply was without lawful justification or unavoidable circumstance

Non-compliance may be ongoing or result from a single refusal to cooperate with the order or instruction.

(c) Defenses

Defenses to a charge under this statute may include:

• Lack of proper notice: The defendant did not receive the ordinance or penalty notice due to procedural error or incorrect delivery

• Ordinance was not applicable: The regulation cited in the notice did not apply to the defendant’s conduct, property, or business

• Compliance was attempted: The defendant took reasonable steps to comply but was delayed by external factors such as contractor delays, illness, or administrative backlog

• Notice contained errors: The penalty notice was issued with incorrect information, dates, or reference to the wrong violation

Each defense must be supported by evidence such as correspondence, receipts, witness statements, or corrective actions taken.

(d) Aggravating Factors

Aggravating factors that may increase the severity of the response or result in additional penalties include:

• Repeated violations of the same or similar ordinance

• Interference with or harassment of city officials attempting to enforce the ordinance

• Failure to comply resulted in harm to public health, safety, or environmental conditions

• The violation occurred in a high-sensitivity area such as near schools, hospitals, or community facilities

• The defendant ignored multiple warnings or escalated enforcement actions