City of Watauga Code of Ordinances

Transcription

City of Watauga
Code of Ordinances
Current through Supplement No. 4
This code contains all ordinances deemed appropriate to be included in this Code of Ordinances as
enacted through Ordinance 1501 adopted 7/23/12.
HOME RULE CHARTER
HOME RULE CHARTER
for the
CITY OF WATAUGA, TEXAS i*
PREAMBLE
We, the citizens of Watauga, Tarrant County, Texas in order to establish a Home Rule municipal
government, provide for the future progress of our City, and obtain more fully the benefits of
local self-government, do hereby adopt this Home Rule Charter in accordance with the Statutes
of the State of Texas and do hereby declare the residents of the City of Watauga in Tarrant
County, Texas living within the legally established boundaries of said City, to be a political
subdivision of the State of Texas, incorporated forever under the name and style of the “City of
Watauga” with such powers, rights and duties as are herein provided.
ARTICLE I
FORM OF GOVERNMENT AND BOUNDARIES
Section 1.01
Form of Government
The Municipal Government provided by this Charter, shall be known as the
“Mayor-Council-Manager Government.” Pursuant to its provisions, and subject only to the
limitations imposed by the State Constitution, the Statutes of this State, and by this Charter, all
powers of the City shall be vested in an elective Council, hereinafter referred to as the “City
Council,” which shall enact local legislation, adopt budgets, determine policies, and appoint the
City Manager, who in turn, shall be held responsible to the City Council for the execution of the
laws and the administration of the government of the City. All powers of the City shall be
exercised in the manner prescribed by this Charter, or, if the manner be not prescribed, then in
such manner as may be prescribed by Ordinance, the State Constitution, or by the Statutes of the
State of Texas.
State law reference–Form of government, V.T.C.A., Local Government Code, sec. 26.021.
Section 1.02
Boundaries of the City
The inhabitants of the City of Watauga, Tarrant County, Texas, residing within its corporate
limits, as heretofore or hereafter established, are hereby constituted and shall continue to be a
municipal body politic and corporate, in perpetuity, under the name of the “City of Watauga”
with such powers, privileges, rights, duties, authorities, and immunities, as are herein provided.
The boundaries of the City of Watauga shall be those of the City of Watauga as of January 1,
1980 and adjusted for any subsequent areas annexed into or disannexed from the corporate limits
of the City. Exhibit “A” to this Home Rule Charter shall recite the metes and bounds description
of the City of Watauga as of the most recent amendment to the Charter.
(A new Exhibit “A,” consisting of a metes and bounds description of the City boundaries, will
take into account recent annexations and disannexations.)
State law reference–Municipal boundaries and annexation, V.T.C.A., Local Government Code, ch. 41 et seq.
Section 1.03
Extension of Boundaries
The corporate limits of the City of Watauga may hereafter be extended by Ordinance passed and
adopted by the City Council after publication of such notices and holding of such public hearings
as are required by law.
ARTICLE II
POWERS OF THE CITY ii*
Section 2.01
General Powers Adopted
The City of Watauga may exercise all powers that now are or hereafter may be granted to
municipalities by the Constitution or the laws of the State of Texas. All such powers, whether
expressed or implied shall be exercised and enforced in the manner prescribed by this Charter,
and when not prescribed herein, in such manner as may be provided by ordinance or resolution
of the Council of the City of Watauga. The enumeration of particular powers by this Charter
shall not be deemed to be exclusive, and in addition to the powers enumerated herein or implied
hereby or appropriate to the exercise to such powers, it is intended that the City of Watauga shall
have and may exercise all powers of local self government, and all powers enumerated in Article
1175 of the Revised Civil Statutes of the State of Texas, as well as those powers enumerated in
Chapter 51, Chapter 306 and Chapter 401 of the Texas Local Government Code, and
amendments thereto and hereafter enacted, or any other powers which under the Constitution and
laws of the State of Texas, it would be competent for this Charter specifically to enumerate.
Section 2.01a
General Powers of the City Council
All powers of the City and the determination of all matters of policy shall be vested in the City
Council. Except where in conflict with and otherwise expressly provided by this Charter, the
City Council shall have all powers authorized to be exercised by the City Council under state
law, and acts amendatory thereof and supplementary thereto, now or hereafter enacted. Without
limitation of the foregoing, the specific powers accorded to the City Council are set forth in
Section 3.07 of this Home Rule Charter. (Section 2.01a amended by charter amendment election
held May 7, 2005)
Section 2.02
Eminent Domain
The City shall have the full right, power and authority to exercise the power of eminent domain
when necessary or desirable to carry out any of the powers conferred upon it by this Charter, or
by the Constitution or laws of the State of Texas. The power of eminent domain hereby
conferred shall include the right of the City to take the fee in the lands so condemned and such
power and authority shall include the right to condemn, for any municipal or public purpose. The
City shall have the power through eminent domain proceedings to acquire any public utility
operating with or without a franchise and furnishing a public service to the citizens of Watauga.
The procedure to be used in the acquisition of such property through eminent domain
proceedings shall be that as set forth in Chapter 21 of the Texas Property Code, V.T.C.A., as
now or hereafter amended. In valuing the property of the public utility to be acquired by the City
through eminent domain proceedings, the measure of damages shall be the fair market value of
the physical properties together with its franchise, if any, taken together as one system.
State law references–Eminent domain, V.T.C.A., Property Code, ch. 21; municipal right of eminent domain,
V.T.C.A., Local Government Code, ch. 251.
Section 2.03
Establishment and Control of Public Property
The City of Watauga shall have the power to lay out, establish, open, alter, widen, lower, raise,
extend, grade, abandon, discontinue, abolish, close, care for, pave, supervise, maintain and
improve streets, sidewalks, alleys, and other public property or places of all obstructions and
encroachments of every nature or character upon any of said streets and sidewalks, and the
power to regulate, control, and/or prohibit the moving of any type of objects over, along, or
upon, under or across streets, alleys, sidewalks, parks, squares, public places and bridges, of
every kind and character in such places and at such time as public need shall dictate.
State law reference–General municipal authority over public grounds, V.T.C.A., Local Government Code, sec.
282.001.
Section 2.04
Street Development and Improvement
The City shall have the power to develop and improve, or cause to be developed and improved,
any and all public streets or ways within the corporate limits of the City by laying out, opening,
narrowing, widening, straightening, extending, lighting, and establishing building lines along the
same by purchasing, condemning, and taking property therefor; by filling, grading, raising,
lowering, paving, repaving and repairing in a permanent manner, the same, and by constructing,
reconstructing, altering, repairing, and realigning curbs, gutters, drains, sidewalks, culverts and
other appurtenances and incidentals in connection with such development and the improvement
authorized hereinabove, or any combination or parts thereof.
State law references–Street improvements and assessments in cities having more than 1,000 inhabitants, V.T.C.A.,
Transportation Code, ch. 313; authority of municipality over and under public highways, streets and alleys,
V.T.C.A., Transportation Code, sec. 311.001.
Section 2.05
Annexation and Disannexation of Territory and Property
Annexation and disannexation of territory and property undertaken by the City of Watauga shall
be performed in accordance with Chapter 43 of the Texas Local Government Code, as now or
hereafter amended.
State law references–Municipal boundaries and annexation, V.T.C.A., Local Government Code, ch. 41 et seq.;
municipal annexation, V.T.C.A., Local Government Code, ch. 43.
Section 2.06
Disaster Clause
In case of disaster when a legal quorum of the City Council cannot otherwise be assembled due
to multiple deaths or injuries, the surviving member or members of the City Council, or highest
surviving City official, if no elected official remains, shall within twenty-four (24) hours of such
disaster, request the County Judge of Tarrant County, Texas to appoint a commission to act
during the emergency and call a City election within fifteen (15) days of such disaster for
election of a required quorum, if sufficient cause exists to believe that a quorum of the present
Council will never again meet.
The succession of authority in the event of disaster, multiple deaths, or injuries shall be as
follows: Mayor, Mayor Pro tem, members with the longest continuous service on the City
Council by place number, and most senior administrative official in City.
State law reference–Emergency interim public office succession, V.T.C.A., Government Code, ch. 616.
ARTICLE III
THE GOVERNING BODY iii*
Section 3.01
Number, Selection, Term of the Governing Body
The legislative and Governing Body of the City shall consist of eight members including seven
council members elected by place number and a Mayor. All members of the City Council are to
be elected pursuant to plurality vote from the City at large, and shall be known as the “City
Council of the City of Watauga.” The members of the Council and the Mayor shall be elected
under the general provisions of Article IV of this Charter for terms of office as set forth below,
provided however, that if the dates specified for a general or special election in the Election
Code of the State of Texas are altered or amended, such terms shall extend until the next date
specified for conducting a general or special election following the expiration of the originally
contemplated term.
Terms of office for members of the City Council shall be two (2) years in accordance with the
following schedule. This provision does not apply to terms of office in effect at the time of this
amendment and such terms of office shall continue to expiration. The term of office for the
Mayor shall be for two (2) years commencing in 2005. The terms of office for Places 1 and 2
shall remain as three (3) year terms until 2008 and thereafter the terms of office will become two
(2) year terms to expire in 2010 and every two (2) years thereafter. Terms of office for the Mayor
and Places 3, 4, and 5 shall expire in 2007 and every two (2) years thereafter. Terms of office for
Places 6 and 7 shall expire in 2006 and every two (2) years thereafter.
Each member of the City Council and the Mayor shall hold office until a successor is elected and
duly sworn, unless removed under the provisions of this Charter. Regular terms of office shall
commence immediately following the canvass of votes for the election as provided by this
Charter.
(Section 3.01 amended by charter amendment elections held May 7, 2005 and November 6,
2007)
Section 3.02
Qualifications
Each member of the City Council shall be:
(a)
A resident of the City of Watauga and the State of Texas and shall have been a
resident for a period of not less than twelve (12) months immediately preceding his
election or a resident of any of the territory not formerly within the corporate limits of
the City but which is annexed under the provisions of this Charter for twelve (12)
months next preceding his election;
(b)
A qualified voter of the State of Texas and the City of Watauga;
(c)
Shall not be employed by the City;
(d)
Shall not hold another elective governmental office;
(e)
Shall be twenty-one (21) years of age or older at the time of filing for and/or
assuming office;
(f)
Shall not have been determined to be mentally incompetent by a final judgment of a
court; and
(g)
Shall have not been finally convicted of a felony offense or a misdemeanor offense
involving moral turpitude from which the person had not been pardoned or otherwise
released from the resulting disability. For purposes of this Home Rule Charter, a
crime of moral turpitude shall mean a criminal offense involving fraud, deceit,
dishonesty or a criminal offense that is inherently immoral.
The qualifications set forth in paragraphs (a) through (g) of this section shall be applicable to a
person seeking the office of City Councilmember as well as during the term of office.
State law reference–Age and residence requirements for home-rule city office, V.T.C.A., Election Code, sec.
141.003.
Section 3.03
Determination of Election Qualifications and Election Canvass
(a) The City Secretary shall determine qualifications of candidates for election to the City
Council.
(b) The Council shall be the judge of the election of its members, subject to review by
statutorily authorized election contests held in accordance with the Texas Election Code, as now
or hereafter amended. The canvass of the election shall be held in accordance with the provisions
of the Texas Election Code, as now or hereafter amended. No member of the City Council who
was a candidate in the election shall participate in a vote on the canvass. Two members of the
City Council may constitute a quorum for the purpose of canvassing an election.
(Section 3.03 amended by charter amendment election held May 7, 2005)
State law reference–Canvassing elections, V.T.C.A., Election Code, ch. 67.
Section 3.04
Compensation
The Mayor and Councilmen shall not receive a salary, but shall be entitled to actual and
necessary expenses incurred in the performance of their specific official duties of the office. All
expenses shall be subject to prior approval of the Council.
Section 3.05
Vacancies; Forfeiture of Office
The office of a council member shall become vacant upon his death, written resignation
submitted to the City Secretary, removal from office by recall, expulsion or forfeiture of his
office.
A council member shall forfeit his office if he (1) lacks at any time during his term of office any
qualification for the office prescribed by this Charter or by law, (2) willfully violates any express
prohibition of this Charter, (3) is convicted of a felony or crime involving moral turpitude, or (4)
fails to attend any three (3) consecutive regularly scheduled meetings of the City Council without
being excused only for reasons of personal emergency, incapacitation, or personal vacation away
from the City of Watauga. Notification of intent to be absent for reason of personal vacation
shall be provided in writing to the City Secretary prior to the meeting at which the
councilmember will not be in attendance. Additionally, a total of four (4) absences, excused or
unexcused, in any six (6) regularly scheduled meetings, beginning on the date of the first absence
from a regular meeting, shall constitute automatic forfeiture of said office. Excusal, recall,
expulsion, or forfeiture proceedings shall be initiated at the next regularly scheduled meeting of
the City Council following the absences, a recall election, or the act constituting the basis for
expulsion or forfeiture, if established and proven beyond a reasonable doubt, and shall be
approved by a majority vote of the remaining members of the City Council in open session, who
shall then immediately begin proceedings, if necessary, for election of a successor.
For purposes of this section, determination of what shall constitute a sufficient “personal
emergency” shall be in the discretion of the remaining members of the City Council by majority
vote in open session.
Subject to and consistent with state statutory provisions and the Texas Constitution, all members
of the City Council must be elected by majority vote of the qualified voters and any vacancy or
vacancies occurring on such governing body shall not be filled by appointment but must be filled
by majority vote of the qualified voters of the City within one hundred and twenty (120) days
after such vacancy or vacancies occur at a general election or a special election called for such
purpose.
Notwithstanding the requirements in Section 3.09 of this Charter specifying that a quorum of the
Council consists of four (4) members, if at any time the membership of the Council is reduced to
less than four (4) members, the remaining members shall call for a special election within one
hundred twenty (120) days after the vacancy or vacancies occur in order that such vacancy or
vacancies can be filled by majority vote of the qualified voters.
State law reference–Special election to fill vacancy generally, V.T.C.A., Election Code, sec. 201.051 et seq.
Section 3.06
Mayor and Mayor Pro Tem
(a) The Mayor shall be recognized as the chief executive of the City. The Mayor shall preside
at all meetings of the Council, shall vote only in case of a tie vote of the Council, and shall have
veto power. The Mayor shall sign all contracts and conveyances made or entered into by the
City, and all bonds issued under the provisions of this Charter. The Mayor shall be recognized as
the chief executive of the City by a court of competent jurisdiction for the purpose of serving
civil process.
(b) The Mayor shall be designated by the Governor as the Disaster Management Director for
the City by Executive Order WPC-87-6b as now or hereafter amended. The Mayor shall have the
authority to declare a state of emergency when necessary.
(c) The Mayor shall have the power to recommend appointment or removal of the City
Manager, the City Secretary and the City Attorney with the consent and approval of the City
Council. Such approval must be in accordance with the voting procedure set forth in Section
3.09(c) of this Charter.
(d) Election of Mayor Pro tem: at its first regular meeting following the regular City Council
election, the City Council shall elect from its members (in accordance with the voting procedure
set forth in Section 3.09(c) of this Charter) a Mayor Pro tem who shall serve for a term of one (1)
year. He shall perform all duties of the Mayor in the absence or disability of the Mayor or in
instances where the Mayor is unable to preside on specific issues and items due to a declared
conflict of interest. In the event of resignation or vacancy of the office of Mayor Pro tem, the
office shall be filled for the remainder of the one (1) year term of office at the next regular
meeting of the Council by election from its members.
(e) If the vacancy of the office of Mayor should occur, the Mayor Pro tem shall perform the
duties of Mayor until the next regular or special election, at which election a Mayor shall be
elected to fill the unexpired term.
Section 3.07
Specific Powers of the Council
All powers and authority granted to the City by the Constitution of the State of Texas shall be
vested in the Council, except as otherwise provided by law or this Charter. The Council shall
provide for the exercise thereof and for the performance of all duties and obligations imposed
upon the City by law and this Charter and shall be specifically granted the powers set forth
below:
(a)
Confirm recommended appointments made by Mayor or City Manager.
(b)
Establish, create, consolidate or abolish, administrative departments and distribute the
work of divisions.
(c)
Adopt the budget, manage and control the finances.
(d)
Authorize the issuance and sale of bonds, by a Bond Ordinance.
(e)
Make investigations into the conduct of any office, department, officer or employee
of the City.
(f)
Provide for such additional Boards and Commissions, not otherwise provided for in
this Charter, as may be deemed necessary, and appoint the members of all such
boards and commissions. Such boards and commissions shall have all powers and
duties now or hereafter conferred and created by this Charter, by City Ordinance, or
by law.
(g)
Adopt and modify the Zoning Plan; a Building Code, including Electrical and
Plumbing Codes, of and for the City, and to require building permits.
(h)
Adopt and modify the Official Map of the City. The Official Map is, and shall be,
maintained by the City Secretary in the City Hall of Watauga, Texas.
(i)
Adopt, modify, and carry out plans for the clearance of slum districts and
rehabilitation of blighted areas.
(j)
Adopt, modify, and carry out plans for the replanning, improvement and
redevelopment of any area or district which may have been destroyed in whole, or in
part, by disaster.
(k)
Regulate, license, and fix the charges or fares made by any person, firm or
corporation owning, operating or controlling any vehicle of any character used for the
carrying of passengers for hire or the transportation of freight for hire on the public
streets and alleys of the City.
(l)
Provide for the establishment and designation of fire limits, and prescribe the kind
and character of building or structures and improvements to be erected therein; and
provide for the erection of fireproof buildings within said limits.
(m) Fix the salaries and compensation of the City officers and employees. Establish
qualifications, rules and standards of and for all employees of the City, and allow the
Council to review or screen all applicants for department head positions before their
employment.
(n)
Provide for a sanitary sewer and water system, require property owners to connect
their premises with sewer system, and provide for penalties for failure to make
sanitary sewer connections.
(o)
Provide for sanitary garbage disposal, set fees and charges therefor, and provide
penalties for failure to pay such fees and charges. To define nuisances; to prohibit
same; and provide penalties for violations.
(p)
Provide for all necessary public utilities, set fees and charges therefor and provide
penalties for misuses of same.
(q)
Exercise exclusive dominion, control and jurisdiction (including the right to close and
abandon streets and alleys), in, upon, over and under the public streets, avenues,
sidewalks, alleys, highways, boulevards and public grounds of the City, and provide
for the improvement of the same as set forth in the Texas Transportation Code, as
now or hereafter amended.
(r)
Litigate, defend, compromise and settle any and all claims, demands, and lawsuits of
every kind and character, in favor of, or against the City of Watauga.
(s)
To require bonds, both special and general, of all contractors and others constructing
or building for the City, and set up standards, rules and regulations therefor.
(t)
To pass ordinances and provide penalties for violations.
(u)
To provide and/or arrange for any and all “Civil Defense Measures” and “Public
Shelter Measures” for the City of Watauga, Texas, and for the citizens thereof,
deemed necessary for the public welfare.
(v)
To exercise, or delegate to the Mayor, or Mayor Pro tem in the absence of the Mayor
from the City, extraordinary and total executive powers (on a temporary basis) during
the existence and duration of any major public disaster, for the public welfare.
(w) The City Council shall have power to cause the ordinances of the City to be codified
and printed in code form and such printed code, when adopted by the Council, shall
be in full force and effect by publishing the same or any part thereof in a newspaper.
Such printed code shall be admitted in evidence in all courts without further proof.
(x)
To approve or disapprove all appointments by the City Manager in connection with
Department Head positions.
(Section 3.07 amended by charter amendment election held May 7, 2005)
Section 3.08
Prohibitions
(a) Holding Other Office: Except where authorized by law no member of the Council,
including the Mayor, shall hold any other city office or employment by the City during the term
for which he was elected to the Council, and no former Mayor or councilmember shall hold any
compensated appointive city office or employment until two (2) years after the expiration of the
term for which he was elected.
(b) Appointments and/or Removals: The members of the council shall in no way dictate the
appointment or removal of any City administrative officer or employee whom the City Manager
or any other subordinates are empowered to appoint, unless otherwise provided in this Charter.
In regard to the appointment or removal of any City administrative officer or employee, the
Council and its members shall deal solely through the City Manager. The Council, by voting in
accordance with the procedure set forth in Section 3.09(c) of this Charter may require the City
Manager to remove any employee for cause. A willful violation of the foregoing provision by a
member of the Council shall constitute misconduct and shall authorize the Council [to expel such
offending member of the Council if it is determined] by a majority vote of the remaining
members beyond a reasonable doubt in a public hearing that such a willful violation has been
committed. Such expulsion shall create a vacancy in the place held by such member.
Councilmembers removed from office under this provision, shall not continue to perform the
duties of their office until a successor is duly qualified pursuant to Article XVI, Section 17 of the
Texas Constitution, as now or hereafter amended. (Section 3.08(b) amended by charter
amendment election held November 6, 2007)
(c) Interference with Administration: Except for the purpose of inquiries and investigations by
the direction of the Council, unless provided otherwise in this Charter, the Council or its
members shall deal with City officers and employees who are subject to the direction and
supervision of the City Manager solely through the City Manager. The Council and its members
acting individually shall not give orders or instructions to any officer or employee except in the
state of a declared emergency. Members of the Council, acting individually, shall not give orders
or instructions to the City Manager, either publicly or privately, except in a state of a declared
emergency. Such prohibition shall not apply to a request that an item be placed on a Council
meeting agenda for consideration by the Council. A willful violation of the foregoing provision
by a member of the Council shall constitute misconduct and shall authorize the Council by a
unanimous vote of the City Council to expel such offending member of the Council if it is
determined by the remaining members beyond a reasonable doubt in a public hearing that such a
willful violation has been committed. The Councilmember the subject of the expulsion shall not
be permitted to vote on the issue. Such expulsion shall create a vacancy in the place held by such
member. (Section 3.08(c) amended by Ordinance 1233 adopted 5/16/05)
(d) Admission of Liability: Neither the Council nor its members shall accept or admit liability
or pay any claim for damages asserted against the City without first obtaining a written opinion
from the City Attorney regarding the liability of the City.
(e) Resignation of Elected Official: Any elected official seeking election to any other elected
position must resign his current office at the time of filing if his elected term extends past the
beginning of the position sought.
(f) Resignation of City Councilmember: Any City Councilmember who shall announce their
candidacy, or shall become a candidate, in any general, special or primary election, for any office
of profit or trust under the laws of this State or the United States other than the office then held,
when the unexpired term of the office then held shall exceed one (1) year from the statutory
filing date, such announcement or such candidacy shall constitute an automatic resignation of the
office then held, and the vacancy thereby created shall be filled pursuant to law in the same
manner as other vacancies.
(g) Definitions: (1) For purpose of this Home Rule Charter, “reasonable doubt” is a doubt
based on reason and common sense after a careful and impartial consideration of all the
evidence. It is the kind of doubt that would make a reasonable person hesitate to act in the most
important of his own affairs. Proof beyond a reasonable doubt must be proof of such a
convincing character that a reasonable person would be willing to rely and act upon it without
hesitation in the most important of their own affairs.
(h) For purposes of this Home Rule Charter, a person acts willfully with respect to the nature
of his conduct when it is his conscious objective or desire to engage in the conduct knowing that
such conduct is expressly prohibited.
Section 3.09
Meetings and Rules of Procedure:
(a) Meetings: Council meetings shall be held at a location in the City and the Council shall
meet regularly not less than one (1) time each month and at such other times as the Council may
prescribe. Special meetings may be held on the call of the Mayor or a majority of the members of
the Council.
All meetings shall be held and public notice thereof given as required by statutory provisions, as
now or hereafter amended. Closed meetings shall be conducted as authorized by the state statute.
(b) Minutes and Rules: The Council shall determine its own rules and order of business and
shall provide for keeping minutes of its proceedings and post a copy on the City Bulletin Board
until the next meeting. The minutes shall be a public record.
(c) Voting: Voting, except on procedural motions, shall be accomplished by show of hands of
members of the Council or by lighting device reflecting the ayes and nays. Tabulation of the
voting by the Council vote shall be announced in open meetings by the Mayor or his or her duly
appointed representative. All members of the Council may have one vote and only one vote on
each item and issue. Four (4) members of the Council, excluding the Mayor, shall constitute a
quorum. In the event that there are vacancies on the Council, the quorum shall be reduced by the
number of vacancies existing. No action by the Council shall be valid unless adopted by the
affirmative vote of at least three (3) of those members attending any meeting at which there is a
quorum present. (Section 3.09(c) amended by charter amendment election held May 7, 2005)
State law reference–Open meetings, V.T.C.A., Government Code, ch. 551.
Section 3.10
Investigation by the Council
Deleted by Charter Amendment Election held September 14, 2002.
Section 3.11
Ordinance in General
The City Council shall legislate by ordinance, and the enacting clause of every ordinance shall
be, “Be it ordained by the City Council of the City of Watauga.”
The City Attorney shall approve all ordinances as to form and legality. Every ordinance enacted
by the Council shall be signed by the Mayor or Mayor Pro tem in the Mayor’s absence, and shall
be filed with and recorded by the City Secretary.
All ordinances shall be submitted at an open meeting of the City Council and may be finally
passed and approved on the first submission subject to affirmative vote of the City Council in
accordance with the voting procedure set forth in Section 3.09(c) of this Charter with a reading
of the caption or preamble of the ordinance, unless said ordinance: (1) amends zoning within the
City, (2) amends the electrical, plumbing or building codes, or (3) is specified or required by law
or this Charter to be submitted in a different manner. All ordinances amending zoning in the City
or amending the electrical, plumbing or building codes shall be subject to final passage and
approval only on second submission and affirmative approval by the City Council with a reading
of the caption or preamble of the ordinance.
Except as otherwise provided by law or this Charter, the City Secretary shall give notice of the
enactment of any ordinance imposing any penalty, fine or forfeiture for any violation of any of
its provisions, and of every other ordinance required by law or this Charter to be published, by
causing the said ordinance, or its preamble and penalty, to be published at least one (1) time
within ten (10) days, after final passage thereof in the official City newspaper. The affidavit of
such publication by the publisher of the newspaper taken before any officer authorized to
administer oaths and filed with the City Secretary, shall be conclusive proof of the legal
publication and promulgation of such ordinance. All ordinances shall be effective after approval
by the City Council, approval by the Mayor and attestation of the City Secretary. Every
ordinance shall be authenticated by the signature of the Mayor and City Secretary.
Any ordinance or resolution, other than an emergency measure or the budget, which authorizes
or requires the expenditure or diversion of any City funds for any purpose or proposes any new
ad valorem property tax increase or decrease, shall have a separate statement submitted and
signed by the City Manager outlining the fiscal impact and probable gain or loss in income or
cost of the measure each year for the first five (5) years after its passage and a statement as to
whether or not there will be costs involved thereafter. Such separate statement shall not become a
part of the ordinance or resolution but shall remain with the ordinance or resolution throughout
the entire legislative process, including submission to the Mayor.
An ordinance providing for an emergency measure is an ordinance addressing the immediate
preservation of life, health, property or the public peace as set forth in Section 3.12. The City
Council shall, within its discretion, declare what measures are emergency measures, and any
ordinance carrying an emergency clause shall be construed to be an emergency measure, which
emergency shall be set forth and defined in the preamble of such ordinance. An ordinance
addressing an emergency measure shall be passed on the first reading of the caption or preamble.
State law reference–Publication of ordinances, V.T.C.A., Local Government Code, sec. 52.013.
Section 3.12
Emergency Ordinances
The Council may adopt emergency ordinances only to meet public emergencies affecting life,
health, property or the public peace. In particular, such ordinances shall not levy taxes, grant,
renew or extend a franchise, or attempt to regulate the rate charged by any public utility for its
services. An emergency ordinance shall be introduced in the form and manner generally
prescribed for an emergency ordinance and shall contain after the enacting clause, a declaration
stating that an emergency exists and describing it in clear and specific terms. An emergency
ordinance can be adopted with or without amendment or rejected at the meeting in which it is
introduced. A vote by the Council in accordance with the procedure set forth in Section 3.09(c)
of this Charter shall be required for adoption. After adoption, the ordinance shall be published as
required for other adopted ordinances, and shall not be in effect more than forty-five (45) days.
Section 3.13
Veto by Mayor
All ordinances and resolutions adopted by the Council shall, before they take effect, be placed in
the office of the City Secretary. The Mayor shall sign those ordinances and resolutions which he
approves. Such as he shall not sign, he shall return to the City Council with his written objections
attached thereto. Upon the return of any ordinance or resolution by the Mayor, the vote by which
the ordinance or resolution was passed shall be reconsidered at the next regular meeting of the
City Council. If, after such reconsideration, the Council agrees to pass and adopt such ordinance
or resolution by 2/3 majority vote of the voting members of the City Council, the same shall be
in full force and effect. If the Mayor shall neglect to approve or object to any such proceedings
for a longer period than seven (7) days after the ordinance or resolution is placed in the office of
the City Secretary as aforesaid, the same shall become effective immediately upon publication as
required by law.
ARTICLE IV
ELECTIONS iv*
Section 4.01
Laws Governing City Elections
All City elections shall be governed by the laws of the State of Texas governing general and
municipal elections, so far as the laws of the State may be applicable thereto. In the event there
should be any failure of the laws of the State of Texas or this Charter to provide for some feature
of the City elections, the City Council shall have the power to provide for or correct such
deficiency [in] said election if the election is conducted fairly and in substantial compliance with
the laws of the State, where applicable, and the Charter and ordinances of the City.
Section 4.02
General Elections
The City elections shall be held at a time to be set by resolution of the City Council on those
days specified by the Election Code of the State of Texas at which time officers shall be elected
to fill those offices as required by this Charter, announced in accordance with the Election Code
of the State of Texas and with the ordinances adopted by the City Council for the conduct of the
elections.
Section 4.03
Special Elections
The City Council may by ordinance or resolution call such special elections as are authorized by
the laws of the State of Texas or by this Charter, fix the date and place of holding same, and
provide all means for holding such special elections.
Section 4.04
Publishing City Elections
It is the responsibility of the City Council to inform the registered voters of the City as to the
time, place, date, and purpose of any forthcoming City election, and the City Council shall
establish such rules and procedures, in addition to those required by State Law, to adequately
inform the qualified voters of the City.
State law reference–Notice of elections, V.T.C.A., Election Code, ch. 4.
Section 4.05
Run Off Election
Deleted by Charter Amendment Election held May 7, 2005.
ARTICLE V
RECALL OF OFFICERS
Section 5.01
Scope of Recall
Any councilmember, whether elected to office by the qualified voters of the City or appointed by
the City Council to fill a vacancy, shall be subject to recall and removal from office by the
qualified voters of the City on grounds of incompetency, misconduct, or malfeasance in office.
For purposes of this section, the term “incompetency” shall mean lack of ability, legal
qualification or fitness to discharge the required duty.
For purposes of this section, the term “misconduct” shall mean a transgression of some
established and definite rule of law, charter provision or city ordinance. In order to constitute
“misconduct,” such conduct must be of a forbidden nature, a dereliction from duty, unlawful
behavior, and willful in nature.
For purposes of this section, “malfeasance” shall mean a wrongful act which the actor has no
right to do and which affects, interrupts, or interferes with the performance of official duty of any
officer, employee or member of the governing body of the City.
Section 5.02
Petitions for Recall
Before the question of recall of such council member shall be submitted to the qualified voters of
the City, a petition demanding that such question be submitted, shall first be filed with the person
performing the duties of the City Secretary. Said petition shall be signed by qualified voters of
the City equal in number to at least thirty percent (30%) of the number of votes cast in the last
regular municipal election of the City, or three hundred and fifty (350) such petitioners,
whichever is greater. Each signer of such recall petition shall personally sign his name thereto in
ink or indelible pencil, print his name, provide voter registration number, date of birth, name and
number of street of residence and shall also write thereon the day, the month and year his
signature was affixed. There shall also be required a heading on each signature page stating the
basis of the recall. The City Secretary shall have authority to approve or disapprove as to
whether such petitioners are qualified voters of the City. The City Secretary shall also have
authority to disqualify signatures on the petition for any discernible and verifiable irregularity in
the petition or noncompliance with the requirements set forth in this section.
Section 5.03
Form of Recall Petition
The recall petition mentioned above must be addressed to the Council of the City of Watauga,
must distinctly and specifically point out the ground or grounds upon which such petition for
removal is predicated, and if there be more than one ground, such for incompetency, misconduct,
or malfeasance in office, shall specifically state each ground with such certainty as to give the
officer sought to be removed, notice of the matters and things with which he is charged. The
signature shall be verified by oath in the following form:
STATE OF TEXAS
COUNTY OF TARRANT
§
§
____________, being first duly sworn, on oath deposes and says that I am one of the
signers of the above petition and that the statements made therein are true, and that each
signature appearing thereto was made in my presence on the day and the date it purports to
have been made. Each person signing this petition has read the full text of the basis of the
recall as set forth in the petition. I solemnly swear that the same is the genuine signature of
the person whose name it purports to be.
SWORN AND SUBSCRIBED TO before me this ______ day of ____________, 20___.
Notary Public
Section 5.04
Various Papers Constituting Petition
The petition may consist of one or more copies, or subscription lists, circulated separately, and
the signatures thereon may be upon the paper or papers containing the form of petition or upon
other papers attached thereto. Verifications provided for in Section 5.03 of this Article may be
made by one or more petitioners; and the several parts of copies of the petition may be filed
separately and by different persons; but no signatures to such petition shall remain effective or be
counted which were place thereon more than forty-five (45) days prior to the filing of such
petition or petitions with the person performing the duties of the City Secretary. All papers
comprising a recall petition shall be filed with the person performing the duties of City Secretary
on the same day, and the City Secretary shall, by certified mail, immediately notify the officer so
sought to be removed.
Section 5.05
Presentation of Petition to the Council
Within twenty (20) calendar days after the date of filing of papers constitution [constituting] the
recall petition, the person performing the duties of the City Secretary, after approving or
disapproving said signatures, shall present such petition to the Council of the City of Watauga at
a special meeting called for this purpose or at a regular meeting of the City Council.
Section 5.06
Public Hearing To Be Held
The officer whose removal is sought may, within five (5) days after such recall petition has been
presented to the City Council, request that a public hearing be held to permit him to present facts
pertinent to the charges specified in the recall petition. In this event, the City Council shall order
such public hearing to be held not less than five (5) days nor more than fifteen (15) after
receiving such request for a public hearing.
Section 5.07
Election To Be Called
If a council member whose removal is sought does not resign, the City Council shall order an
election and set a date for holding such recall election within seventy-five (75) days after the
recall petition has been presented to the City Council. The date of the election shall be in
compliance with the Texas Election Code, as now or hereafter amended. The council member
whose removal is sought shall be determined to have a conflict of interest per se concerning a
determination by the City Council of the election and date of election and shall not participate in
the vote on such matters.
Section 5.08
Ballots in Recall Election
Ballots used at recall elections shall conform to the following requirements:
(a)
With respect to each person whose removal is sought, the question shall be submitted:
“Shall (name of person) be removed from the office (name of office) by recall?”
(b)
Immediately below each such question there shall be printed the following words, one
above the other, in the order indicated:
______ FOR the recall of (name of person).
______ AGAINST the recall of (name of person).
Section 5.09
Result of Recall Election
If the majority of the votes cast at a recall election shall be against the recall of the person named
on the ballot on the ballot [sic], he shall continue in the office for the remainder of his unexpired
term, subject to recall as specified in this Charter. If a majority of the votes cast at such election
are for the recall of the person named on the ballot, he shall, regardless of any technical defects
in the recall petition, be deemed removed from office, have no right to hold over the position
pursuant to Article XVI, S 17 of the Texas Constitution, as now or hereafter amended, and the
vacancy shall be filled as provided in Section 3.5 [3.05] of this Charter. (Section 5.09 amended
by a charter amendment election held on November 6, 2007)
Section 5.10
Recall Restrictions Thereon
No recall petition shall be filed against any elected or appointed member of the City Council
within six (6) months after his election or appointment, within six (6) months prior to the
expiration of the term of an elected or appointed council member or within six (6) months after
an election for such council member’s recall.
Section 5.11
Failure of Council to Call an Election
In case all of the requirements of this Charter shall have been met and the Council shall fail or
refuse to receive the recall petition, or order such recall election, or discharge other duties
imposed upon said Council by the provisions of this Charter with reference to such recall, then
the County Judge of Tarrant County, Texas, may discharge any such duties herein provided to be
discharged by the City Secretary or by the Council.
ARTICLE VI
LEGISLATION BY THE PEOPLE, INITIATIVE AND REFERENDUM
Section 6.01
General Power
The qualified voters of the City of Watauga, in addition to the method of legislation hereinbefore
provided, shall have the power to direct legislation by the initiative and referendum.
Section 6.02
Initiative
The people of the City of Watauga reserve the power of direct legislation by initiative, and in
exercise of such power may propose any ordinance except: (1) ordinances appropriating money
or levying taxes, and (2) ordinances repealing ordinances appropriating money or levying taxes,
not in conflict with this Charter, the State Constitution or State Laws. Any initiated ordinance
may, subject to the above, be submitted by the qualified voters of the City of Watauga, by
submitting a petition addressed to the City Council which requests the submission of a proposed
ordinance or resolution to a vote of the qualified voters of the City. Said petition must be signed
by qualified voters of the City equal in number to thirty percent (30%) of the number of votes
cast at the last regular municipal election of the City, or three hundred and fifty (350), whichever
is greater, and each copy of the petition shall have attached to it a copy of the proposed
legislation. The petition shall be signed in the same manner as recall petitions are signed, as
provided in Section 5.02 of this Charter, and shall be verified by oath in the manner and form
provided for recall petitions in Section 5.03 of this Charter. The petition may consist of one (1)
or more copies, as permitted for “recall petitions” in Section 5.04 of this Charter. Such petition
shall be filed with the person performing the duties of City Secretary. Within twenty (20) days
after filing of such petition, the person performing the duties of City Secretary shall present said
petition and proposed ordinance or resolution to the City Council. Upon presentation to it of the
petition and the draft of the proposed ordinance or resolution, it shall become the duty of the City
Council, within ten (10) days after the receipt thereof, to pass and adopt such ordinance or
resolution without alteration as to meaning or effect in the opinion of the persons filing the
petition, or to call a special election, to be held as provided by law, at which the qualified voters
of the City of Watauga shall vote on the question of adopting or rejecting the proposed
legislation.
However, if any other municipal election is to be held within sixty (60) days after the filing of
the petition, the question may be voted on at such election.
Section 6.03
Referendum
Qualified voters of the City may require that any ordinance or resolution, with the exception of
ordinances or resolutions authorizing the issuance of either tax bonds or revenue bonds, whether
original or refunding, passed by the Council be submitted to the voters of the City for approval or
disapproval, by submitting a petition for this purpose within ninety (90) days after final passage
of said ordinance or resolution, or within ninety (90) days after its publication. Said petition shall
be addressed, prepared, signed, and verified as required for petitions initiating legislation as
provided in Section 6.02 of this Charter, and shall be submitted to the person performing the
duties of the City Secretary. Immediately upon the filing of such petition, the person performing
the duties of the City Secretary shall present said petition to the Council. Thereupon the Council
shall immediately consider such ordinance or resolution, and if it does not entirely repeal the
same, shall submit it to popular vote as provided in Section 6.02 of this Charter. Pending the
holding of such election, such ordinance or resolution shall be suspended from taking effect and
shall not later take effect unless a majority of the qualified voters voting thereon at such election
shall vote in favor thereon.
Should the popular vote be to uphold the ordinance or resolution, no other referendum election
may be held on the same and/or similar ordinance or resolution within six (6) months. But should
the same and/or similar ordinance or resolution be passed by the Council after invalidation by
popular vote, a referendum petition may be filed again as outlined in Article VI of this Charter.
Section 6.04
Voluntary Submission of Legislation by the Council
The Council, upon its own motion and by vote in accordance with the procedure set forth in
Section 3.09(c) of this Charter, may submit to popular vote at any election for adoption or
rejection any proposed ordinance or resolution or measure, in the same manner and with the
same force and effect as provided in this Article for submission on petition, and may in its
discretion call a special election as provided by law for this purpose.
Section 6.05
Form of Ballots
The ballots used when voting upon such proposed and referred ordinances, resolutions or
measures, shall set forth their nature sufficiently to identify them and shall also set forth upon
separate lines the words:
“FOR THE ORDINANCE” and
“AGAINST THE ORDINANCE,” or
“FOR THE RESOLUTION” and
“AGAINST THE RESOLUTION”
Section 6.06
Publication of Proposed and Referred Ordinance or Resolution
The person performing the duties of City Secretary shall publish at least once in the official
newspaper of the City of Watauga, the notice of special referendum election and the preamble of
proposed or referred ordinance or resolution, and shall give such other notices and do such other
things relative to such election as are required in general municipal elections or by the ordinance
or resolution calling said election.
Section 6.07
Adoption of Ordinances or Resolutions
If a majority of the qualified voters voting on a proposed ordinance or resolution or measure
shall vote in favor thereof, it shall thereupon, or at any time fixed therein, become effective as a
law or as a mandatory order of the Council.
Section 6.08
Inconsistent Ordinances or Resolutions
If the provisions of two (2) or more proposed ordinances or resolutions approved at the same
election are inconsistent, the ordinance or resolution receiving the highest number of votes shall
prevail.
Section 6.09
Ordinance or Resolutions Passed by Popular Vote, Repeal or Amendment
No ordinance or resolution which may have been passed by the Council as a result of popular
vote under the provisions of this Article shall be repealed or amended, except by the City
Council, in response to a referendum vote or by submission as provided in Section 6.01 of this
Charter.
Section 6.10
Further Regulations by City Council
The Council may pass ordinances or resolutions providing other and further regulations for
carrying out the provisions of this Article not inconsistent herewith.
Section 6.11
Franchise Ordinances
Nothing contained in this Article may be construed to be in conflict with any of the provisions of
this Charter pertaining to ordinances granting franchises when valuable rights have accrued
thereunder.
ARTICLE VII
ADMINISTRATIVE ORGANIZATION v*
Section 7.01
City Manager
A. Appointment and Qualifications. The Mayor shall recommend the appointment of a City
Manager, subject to approval by the City Council by vote in accordance with the procedure set
forth in Section 3.09(c) of this Charter, who shall be the chief administrative officer of the City
and shall be responsible to the Council for the administration of all the affairs of the City. The
City Manager shall be chosen by the Council solely on the basis of executive and administrative
training, education, experience, ability and character. No member of the City Council shall
during the time for which he is elected and for two (2) years thereafter be appointed City
Manager.
B. Term and Salary. The City Manager shall not be appointed for a definite term, but may be
removed at the will and pleasure of the City Council by vote in accordance with the procedure
set forth in Section 3.09(c) of this Charter. The action of the Council, in suspending or removing
the City Manager, shall be final. It is the intention of this Charter to vest all authority and fix all
responsibility of such suspension or removal in the Council. In case of absence or disability of
the City Manager, the Council may designate some qualified person, other than an elected officer
of the City, to perform the duties of the office during such absence or disability. The City
Manager shall receive such compensation as may be fixed by the Council and may include a
termination benefit package which shall not alter the status of the City Manager as an employee
at will.
C. Powers and Duties. The powers herein conferred upon the City Manager shall include but
shall not be limited to the following:
1.
To appoint and remove any employee of the City except those employees whose
appointment or election is otherwise provided by law or this Charter.
2.
Prepare and submit the annual budget and a five (5) year capital improvement
program to the Council as prescribed in Article IX of this Charter.
3.
Submit to the Council a report for each month on the finances and administrative
activities of the City and a complete report as of the end of each fiscal year.
4.
Provide each department head with a monthly financial report of his department.
5.
Attend all meetings of the Council except when excused by the Council.
6.
Make a written report to the City Council each month on all department expenditures.
7.
To perform such other duties as may be prescribed by this Charter or required by the
Mayor, as directed by the City Council, not inconsistent with provisions of this
Charter.
8.
The City Manager may appoint, by letter filed with the City Secretary, a qualified
administrative officer of the City to perform his duties during his temporary absence.
The appointment shall be made from a list of qualified individuals previously
approved by the City Council. In the event of failure of the City Manager to make
such appointment, or in the case of disability of the City Manager, the Council may,
by resolution, appoint an officer of the City, other than an elected official, to perform
the duties of the City Manager until he shall return or his disability shall cease.
Section 7.02
City Secretary
The City Manager shall recommend for appointment by the Mayor and approval by the City
Council a qualified individual to fill the position of City Secretary. The City Secretary shall not
be appointed for a definite term, but may be removed from office at the will and pleasure of the
Mayor subject to approval of the City Council by voting in accordance with the procedure set
forth in Section 3.09(c) of this Charter. The City Secretary shall be required to:
1.
Give notice of and attend all official public meetings of the Council.
2.
Record the minutes and proceedings of all official public meetings of the Council;
provided, however, that only the title and caption of duly enacted ordinances shall be
recorded in the minutes.
3.
Act as custodian of all official records of the Council.
4.
Hold and maintain the Seal of the City and affix this seal to all appropriate
documents.
5.
Authenticate by signature and Seal, and record in a book kept and indexed for the
purpose, all ordinances and resolutions of the City.
6.
Perform such other duties as may be required by the City Manager, the City Council
acting as the governing body of the City, this Charter and the laws of the State of
Texas. The City Secretary shall be under the exclusive direction and supervision of
the City Manager in connection with administrative duties and responsibilities.
(Section 7.02 amended by a charter amendment election held on November 6, 2007)
Section 7.03
City Departments and Services
The City Council shall establish and maintain departments in sufficient numbers and specialty to
effectively provide services of the City to include administration, finance, tax, public works,
parks, police, reserve police, fire, volunteer fire, emergency medical and any other necessary
municipal services.
Section 7.04
[Deleted]
Section 7.05
[Deleted]
Section 7.06
Employees
Residency Requirements for City Manager, Department Heads and
The City Manager need not be a resident of the City when appointed. However, he shall become
a resident of the City within twelve (12) months after appointment and thereafter shall continue
to reside within the City during his tenure in office. The City Council may impose a requirement
of residency within the City for the City Manager and City Secretary. For all other employees
and department heads, other than the City Manager and City Secretary, the City may not require
residency in the City as a requirement of employment. The City may require residency within the
United States as a condition of employment. The City Council may determine and impose
standards with respect to the time within which City employees who reside outside the City must
respond to a civil emergency. Such standards may not be imposed retroactively on any person in
the employ of the City at the time the standards are adopted.
State law reference–Residency requirements for municipal employees, V.T.C.A., Local Government Code, sec.
150.021.
Section 7.07
Other Departments, Boards and Commissions
The Council may abolish or consolidate any office or department. The Council may divide the
administration of any such department as it may deem advisable and may create new
departments.
The Council shall create, establish, or appoint, as may be required by law or circumstances, those
boards, commissions, and committees which are deemed necessary to carry out the function and
obligations of the City. The Council shall prescribe accountability and tenure of each board,
commission and committee where such are not prescribed by law. The Council shall prescribe
the purpose, composition, function and duty of each board, committee, or commission where
such are not prescribed by law.
Section 7.08
Employee and Citizen Grievances
The City of Watauga shall maintain at all times a current Personnel, Administrative and
Financial Policies and Procedures Manual to be approved by resolution of the City Council.
Employee grievances shall be addressed and strictly governed by the policies and procedures as
set forth in the Personnel, Administrative and Financial Policies and Procedures Manual in effect
at the time of the action which gives rise to such grievance. The City Council of the City of
Watauga, Texas, as an elected governing body, shall be available to the citizens of Watauga in
order to address concerns and grievances.
ARTICLE VIII
LEGAL AND JUDICIAL SERVICES vi*
Section 8.01
Municipal Court
There shall be established and maintained a court designated as “Municipal Court in the City of
Watauga,” for the trial of misdemeanor offenses, with all such powers and duties as are now or
hereafter may be prescribed by the laws of the State of Texas relative to municipal courts and
municipal courts of record. All fines imposed by said court shall be paid into the City Treasury
for the use and benefit of the City.
Section 8.02
Judge of the Municipal Court
The Judge of the Municipal Court shall be appointed by the City Council and serve in
accordance with Chapter 30 of the Government Code, as now or hereafter amended, for a term
not to exceed two (2) years.
The municipal judge shall hold office for the duration of the term unless removed at the will and
discretion of the City Council. If the judge is removed or vacates the office, the City Council
shall immediately appoint a qualified person to fill the unexpired term.
The municipal judge must:
a.
be a resident of this state.
b.
be a citizen of the United States.
c.
be a licensed attorney in good standing in Texas.
d.
have been licensed by the Supreme Court of Texas to practice law in Texas for five
(5) or more years.
The Judge of the Municipal Court shall receive such compensation as may be determined by the
Council.
(Section 8.02 amended by Ordinance 1233 adopted 5/16/05)
State law reference–Judge, generally, V.T.C.A., Government Code, sec. 30.00006.
Section 8.03
Clerk of the Municipal Court
There shall be a clerk of the Municipal Court to be appointed by the City Manager with the
concurrence of the City Council. Said clerk may hold another position of City employment
concurrent with, but secondary to and not in conflict with this position.
The clerk of the court and deputies shall have the power to administer oaths and affidavits, make
certificates, affix the seal of the court, and generally do and perform any and all acts as usual and
necessary to be performed by the clerks of courts in issuing process of said courts and
conducting the business thereof.
Section 8.04
City Attorney
The Mayor shall recommend the appointment of a competent and duly licensed attorney
practicing law in the State of Texas who shall be the City Attorney. The City Attorney shall
receive for his services such compensation as may be fixed by the City Council and shall hold
his office at the pleasure of the City Council. The City Attorney, or such other attorneys
approved by the City Council, shall represent the City in all litigation. The City Attorney shall be
the legal advisor of, and attorney and counselor for, the City, all offices and departments and for
all officers and employees of the City in matters relating to their official powers and duties.
The City Attorney must:
a.
be a resident of this state.
b.
be a citizen of the United States.
c.
be a licensed attorney in good standing in Texas.
d.
have been licensed by the Supreme Court of Texas to practice law in Texas for five
(5) or more years.
The City Attorney shall review and concur or dissent upon all documents, contracts and legal
instruments in which the City may have an interest.
The City Council shall have the right to retain special counsel any time it determines such action
to be necessary.
The City Attorney shall perform all services incident to the position as may be required by
statute, by this Charter, by ordinance or as directed by the City Council.
(Section 8.04 amended by Ordinance 1233 adopted 5/16/05)
ARTICLE IX
MUNICIPAL FINANCE vii*
Section 9.01
Fiscal Year
The fiscal year of the City shall begin on the first day of October and end the last day of
September of each calendar year. Such fiscal year shall also constitute the budget and accounting
year.
State law references–General fiscal power to establish fiscal year, V.T.C.A., Local Government Code, sec.
101.022; city fiscal year, V.T.C.A., Tax Code, sec. 1.05.
Section 9.02
Annual Budget
A. Content. The budget shall provide a complete financial plan of all City funds and activities
and, except as required by law or this Charter, shall be in such form as the City Manager deems
desirable or the Council may require. A budget message explaining the budget both in fiscal
terms and in terms of the work programs shall be submitted with the budget. It shall outline the
proposed financial policies of the City for the ensuing fiscal year, describe the important features
of the budget, [and] indicate any major changes from the current year in financial policies,
expenditures, and revenues, with reasons for such changes. It shall also summarize the debt
position of the City and include such other material as the City Manager deems advisable. The
budget shall begin with a clear, general summary of its contents. It shall show in detail all
estimated income and indicate the proposed property tax levy. All proposed expenditures shall
not exceed the total estimated income. The budget shall be so arranged as to show comparative
figures for actual and estimated income and expenditures of the preceding fiscal year, compared
to the estimate for the budgeted year. It shall include in separate sections:
1.
An itemized estimate of the expense of conducting each department, division and
office.
2.
Reasons for proposed increases or decreases of such items of expenditure compared
with the current fiscal year.
3.
A separate schedule for each department, indicating tasks to be accomplished by the
department during the year, and additional desirable tasks to be accomplished if
possible.
4.
A statement of the total probable income of the City from taxes for the period covered
by the estimate.
5.
Tax levies, rates, and collections for the preceding five (5) years.
6.
An itemization of all anticipated revenue from sources other than the tax levy.
7.
The amount required for interest on the City’s debts, for sinking fund and for
maturing serial bonds.
8.
The total amount of outstanding City debt, with a schedule of maturities on bond
issues.
9.
Such other information as may be required by the Council.
10.
Anticipated net surplus or deficit for the ensuing fiscal year of each utility owned or
operated by the City and the proposed method of its disposition; subsidiary budgets
for each utility giving detailed income and expenditure information shall be attached
as appendices to the budget.
11.
A Capital Program, which may be revised and extended each year to indicate capital
improvements pending or in process of construction or acquisition, and shall include
the following items:
(a)
A summary of proposed programs.
(b)
A list of capital improvements which are proposed to be undertaken during the
five (5) fiscal years next ensuing with appropriate supporting information as to
the necessity for such improvements.
(c)
Cost estimates, method [of] financing and recommended time schedules for
each such improvement.
(d)
The estimated annual cost of operating and maintaining the facilities to be
constructed or acquired.
B. Submission. On or before the first day of August of each year, the City Manager shall
submit to the Council a proposed budget and an accompanying message. The Council shall
review the proposed budget and revise as deemed appropriate prior to general circulation for
public hearing.
C. Public Notice and Hearing. The Council shall post in the City Hall and publish in the
official newspaper a notice stating (1) the times and places where copies of the message and
budget are available for inspection by the public, and (2) the time and place, not less than two (2)
weeks after such publication, for a public hearing on the budget.
D. Amendment Before Adoption. After the public hearing the Council may adopt the budget
with or without amendment. In amending the budget, it may add or increase programs or
amounts and may delete or decrease any programs or amounts, except expenditures required by
law or for debt service or for estimated cash deficit, provided that no amendment to the budget
shall increase the authorized expenditures to an amount greater than the total of estimated
income plus funds available from prior years.
E. Adoption. The Council shall adopt the budget by ordinance as specified in Article III of
this Charter before the 15th day of September. Adoption of the budget will require an affirmative
vote of two thirds (2/3) of the voting members of the City Council. Adoption of the budget shall
constitute appropriations of the amounts specified therein as expenditures from the funds
indicated and shall constitute a levy of the property tax therein proposed.
F. Failure to Adopt. The budget shall be finally adopted not later than the last regular Council
meeting of the last month of the fiscal year. If Council fails to adopt the budget on or prior to
such day, the amounts appropriated for the current fiscal year shall be deemed adopted for the
ensuing fiscal year on a month-to-month basis with all items prorated accordingly until such time
as the Council adopts a budget for the ensuing fiscal year. The levy of property tax normally
approved as a part of the budget adoption, will be set to equal the total current fiscal year tax
receipts, unless the ensuing fiscal year budget is approved as hereinabove provided.
State law reference–Municipal budget, V.T.C.A., Local Government Code, ch. 102.
Section 9.03
Public Records
Copies of the approved budget, capital improvement program, and supporting papers shall be
filed with the City Secretary and shall be public records available to the public upon request.
State law reference–Approved budget filed with municipal clerk, V.T.C.A., Local Government Code, sec. 102.008.
Section 9.04
A.
Amendments After Adoption
Supplemental Appropriations. If during the fiscal year the City Manager certifies that there
are available for appropriation revenues in excess of those estimated in the budget, the Council
may carry the excess into the next fiscal year or by resolution may make supplemental
appropriations to retire indebtedness; to fund emergency appropriations as described in Section
9.04B or apply the additional revenues towards the intended purpose or purposes for which the
same were made or designated.
B. Emergency Appropriations. To meet a public emergency created by a natural disaster or
man-made calamity affecting life, health, property, or the public peace, the Council may make
emergency appropriations. Such appropriations may be made by emergency ordinance in
accordance with the provisions of this Charter. To the extent that there are no available
unappropriated revenues to meet such appropriations, the Council may by such emergency
ordinance authorize the issuance of emergency notes, which may be renewed from time to time.
C. Reduction of Appropriations. If at any time during the fiscal year it appears probable to the
City Manager that the revenues available will be insufficient to meet the amount appropriated, he
shall report to the Council without delay, indicating the estimated amount of the deficit, any
remedial action taken by him and his recommendations as to any other steps to be taken. The
Council shall then take such further action as it deems necessary to prevent or minimize any
deficit and for that purpose it may by ordinance reduce one or more appropriations.
D. Transfer of Appropriations. At any time during the fiscal year the City Manager may
transfer part or all of any unencumbered appropriation balance among programs within [a]
department, division, or office and, upon written request by the City Manager, the Council may
by ordinance transfer part or all of any unencumbered appropriation balance from one
department, office or agency to another.
E. Limitations. No appropriation for debt service may be reduced below any amount required
by law to be appropriated or by more than the amount of the unencumbered balance thereof.
F. Effective Date. The supplemental and emergency appropriations and reduction of transfer
or appropriations authorized by this section may be made effective immediately upon adoption
of the ordinance.
State law reference–Changes in budget for municipal purposes, V.T.C.A., Local Government Code, sec. 102.010.
Section 9.05
Lapse of Appropriations
Every appropriation, except an appropriation for capital expenditure, shall lapse at the close of
the fiscal year to the extent that it has not been expended or encumbered. An appropriation for a
capital expenditure shall continue in force until the purpose for which it was made has been
accomplished or abandoned; the purpose of any such appropriation shall be deemed abandoned if
three (3) years pass without any disbursement from an encumbrance of the appropriation.
Section 9.06
Administration of Budget
A. Payments and Obligations Prohibited. No payment shall be made or obligation incurred
against any allotment or appropriation except in accordance with appropriations duly made and
unless the City Manager or his designee first certifies that there is a sufficient unencumbered
balance in such allotment or appropriations and that sufficient funds therefrom are or will be
available to cover the claim or meet the obligation when it becomes due and payable. Any
authorization of payment or incurring of obligation in violation of the provisions of this Charter
shall be void and any payment so made illegal. Such action shall be cause for removal of any
officer who knowingly authorized or made such payment or incurred such obligations, and he
shall also be liable to the City for any amount so paid. However, this prohibition shall not be
construed to prevent the making or authorizing of payments or making of contracts for capital
improvements to be financed wholly or partly by the issuance of bonds, time warrants,
certificates of indebtedness, or certificates of obligation, or to prevent the making of any contract
or lease providing for payments beyond the end of the fiscal year, provided that such action is
made or approved by ordinance.
B. Financial Reports. The City Manager shall submit to the Council a report for each month
reflecting the financial condition of the City by budget items, including budget estimates versus
accrual for the preceding month and for the fiscal year to date. Such records are to be made
public by the Council during open meeting. The financial records of the City will be maintained
on an accrual basis [to] support this type of financial management.
C. Independent Audit. At the close of each fiscal year, and at such times as it may be deemed
necessary, the Council shall cause an independent audit to be made of all accounts of the City by
a certified public accountant. Upon completion of the audit, the results thereof in a summary
form shall be placed on file in the City Secretary’s office as a public record.
State law reference–Audit of municipal finances, V.T.C.A., Local Government Code, ch. 103.
Section 9.07
Borrowing
The Council upon a two-thirds majority vote of the council members, shall have the power,
except as prohibited by law, to borrow money by whatever method it may deem to be in the
public interest.
A. General Obligation Bonds. The City shall have the power to borrow money on the credit of
the City and to issue general obligation bonds for permanent public improvements or for any
other public purpose not prohibited by the Constitution and the laws of the State of Texas, and to
issue refunding bonds to refund outstanding bonds of the City previously issued. All such bonds
shall be issued in conformity with the laws of the State of Texas.
B. Revenue Bonds. The City shall have the power to borrow money for the purpose of
constructing, purchasing, improving, extending or repairing of public utilities, recreational
facilities or any other self-liquidating municipal function not prohibited by the Constitution and
laws of the State of Texas, and to issue revenue bonds to evidence the obligation created thereby.
Such bonds shall be a charge upon and payable from properties, or interest therein pledged, or
the income therefrom, or both. The holders of the revenue bonds shall never have the right to
demand payment thereof out of monies raised or to be raised by taxation. All such bonds shall be
issued in conformity with the laws of the State of Texas.
C. Bonds Incontestable. All bonds of the City having been issued and sold and having been
delivered to the purchaser thereof, shall thereafter be incontestable and all bonds issued to refund
in exchange for outstanding bonds previously issued shall and after said exchange, be
incontestable.
D. Borrowing in Anticipation of Property Tax. In any budget year, the Council may, by
resolution, authorize the borrowing of money in anticipation of the collection of the property tax
for the same year whether levied or to be levied. Notes may be issued for periods not exceeding
one (1) year and must be retired by the end of the budget year in which issued.
E. Use of Bond Funds. Any and all bond funds approved by the vote of the citizens of
Watauga will be expended only for the purposes stated in the bond issue.
F. Certificates of Obligation. All certificates of obligation issued by the City shall be
approved by ordinance and issued in accordance with the laws of the State of Texas.
State law references–Public Security Procedures Act, V.T.C.A., Government Code, ch. 1201; municipal bonds,
V.T.C.A., Government Code, ch. 1331.
Section 9.08
Purchasing
The City Council shall approve by resolution a written purchasing policy applicable to all
contracts, purchases and expenditures for goods and services in the City.
The City Manager, all department heads and employees shall faithfully adhere to the
requirements of the written purchasing policy. Failure to do so shall constitute sufficient basis for
termination.
However, all contracts, purchases and expenditures exceeding the maximum amount permitted
by state law in effect at the time of the expenditure, without requiring competitive bidding or
proposals, must be expressly approved in advance by the City Council and be subject to
competitive bidding or competitive sealed proposals and shall be let to the bidder who is most
responsive to the needs of the City after consideration of all facts and circumstances surrounding
the bid, including, but not limited to, the lowest price. The City Council shall retain the right to
reject any and all bids.
The exceptions to bidding requirements as stated in Local Government Code, Section 252.022,
as now or hereafter amended, shall constitute exceptions to this provision. Emergency contracts
as authorized by law and as set forth in the Local Government Code, as now or hereafter
amended, may be negotiated by the Council or the City Manager, if granted authority by the
Council, without the necessity of competitive bidding. Such emergency shall be declared by the
City Manager and approved by the City Council or may simply be declared by the City Council.
All expenditures must be supported by documentation justifying such expenditures.
State law reference–Purchasing and contracting authority of municipality, V.T.C.A., Local Government Code, chs.
252, 271.
Section 9.09
Specified Reserve Fund
Specified reserve funds may be created for specific purposes, and may be used only for such
purposes.
ARTICLE X
TAXATION viii*
Section 10.01
Department of Taxation
At the discretion of the City Council, there shall be established a Department of Taxation to
assess and collect taxes, the head of which shall be the City Manager who shall serve with the
approval of the City Council. In absence of the City Manager, the City Council may appoint
another qualified individual to serve as Assessor-Collector. The Assessor-Collector shall give a
surety bond made payable to the City and approved by the City Council. Such bond shall insure
faithful performance of the Assessor-Collector’s duties, including compliance with all
controlling provisions of the state law bearing upon the functions of his office, in a sum which
shall be fixed by the City Council at not less than $10,000.00. The City may contract with other
parties to perform the function of tax assessment and collection.
Section 10.02
Power to Tax
The City shall have the power to tax property in accordance with the statutory provisions of the
Texas Property Tax Code, as now or hereafter amended by the state legislature.
State law reference–Authority of municipality to impose property taxes, V.T.C.A., Tax Code, sec. 302.001.
Section 10.03
Property Subject to Tax, Method of Assessment
Property subject to taxation and the method of assessment shall be determined in accordance
with the statutory provisions of the Texas Property Tax Code, as now or hereafter amended by
the state legislature.
Section 10.04
Limitation on Tax Rate
Any limitation on tax rate shall be determined in accordance with the statutory provisions of the
Texas Property Tax Code, as now or hereafter amended by the state legislature.
Section 10.05
Board of Equalization, Appointment, Qualifications
All provisions concerning the structure, function, and duties formerly associated with the Board
of Equalization shall be governed by the statutory provisions of the Texas Property Tax Code, as
now or hereafter amended by the state legislature.
Section 10.06
Power of Board of Equalization
Section 10.07
Duties of the Board of Equalization
Section 10.08
Approval of the Assessment Roll
Section 10.09
Taxes - When Due and Payable
All taxes due the City of Watauga shall be payable at the office of the City Tax
Assessor-Collector and may be paid at any time after the tax rolls for the year have been
completed and approved, which shall not be later than October 1. Taxes shall be paid on or
before January 31 and such taxes not paid on or prior to such date shall be deemed delinquent
and shall be subject to such penalty and interest as the Council may provide by Ordinance. The
Council may provide further by Ordinance that all taxes either current or delinquent, due the City
of Watauga may be paid by installments. Failure to levy and assess taxes through omission in
preparation of the approved tax roll shall not relieve the person, firm or corporation so omitted
from obligation to pay such current or past due taxes as shown to be payable by recheck of the
rolls and receipt for the years in question. The Council shall be prohibited from waiving penalties
and interest and extending time for payment of taxes.
State law reference–Delinquency date for payment of taxes, V.T.C.A., Tax Code, sec. 31.02.
Section 10.10
Tax Liens
The tax levied by the City is hereby declared to be a lien, charge, or encumbrance upon the
property as of January 1st of each year, upon which the tax is due, which lien, charge or
encumbrance the City is entitled to enforce and foreclose in any court having jurisdiction over
the same, and this lien, charge or encumbrance on the property is such as to give the state courts
jurisdiction to enforce and foreclose said lien on the property on which the tax is due, not only as
against any resident of this state or person whose residence is unknown, but as against
nonresidents. All taxes upon real estate shall especially be a lien and a charge upon the property
upon which the taxes are due, and such lien may be foreclosed in any court having jurisdiction.
Such lien shall be, prior to all other claims, and no gift, sale, assignment or transfer of any kind,
or judicial writ of any kind, can ever defeat such lien.
In addition to the liens herein provided, on the 1st day of January of any year the owner of real
and personal property subject to taxation by the City shall be personally liable for the taxes due
thereon for such year. The City shall have the power to sue for and recover personal judgment
for taxes without foreclosure, or to foreclose its lien or liens, or to recover both personal
judgment and foreclosure. In any such suit where it appears that the description of any property
in the city assessment rolls is insufficient to identify such property, the City shall have the right
to plead a good description of the property intended to be assessed, to prove the same, and to
have its judgment foreclosing the tax lien and/or personal judgment against the owner for such
taxes.
State law reference–Tax liens, V.T.C.A., Tax Code, ch. 32.
ARTICLE XI
PLANNING AND ZONING, BOARD OF ADJUSTMENT ix*
Section 11.01
The Planning and Zoning Commission
There shall be established by the City Council a Planning and Zoning Commission which shall
consist of seven (7) persons who are residents in the City of Watauga and who own real property
within the City.
State law reference–Authority of municipality to establish planning and zoning commission, V.T.C.A., Local
Government Code, sec. 211.007.
Section 11.02
(a)
Powers and Duties
Recommend a City Plan for the physical development of the City.
(b) Recommend to the Council, approval or disapproval of proposed changes in the Zoning
Plan.
(c) Exercise control over platting or subdividing land within the corporate limits of the City
and outside said corporate limits to extent authorized by law.
The Commission shall be responsible to and act as an advisory body to the Council, and shall
have and perform such additional duties as may be prescribed by ordinance.
Section 11.03
The Master Plan
The Master Plan for the physical development of the City of Watauga shall contain the
Commission’s recommendations for growth, development and beautification of the City. A copy
of the Master Plan, or any part thereof, shall be forwarded to the City Council, which may adopt
this plan in whole or in part, and may adopt any amendments thereto after at least one public
hearing on the proposed action. The Council shall act on such plan, or part thereof, within sixty
(60) days following its submission. If such plan, or part thereof, shall be rejected by the City
Council, the Commission may modify such plan or part thereof, and again forward it to the City
Council for consideration.
All amendments to the Master Plan recommended by the Commission shall be submitted in the
same manner as outlined above to the Council for approval, and all other recommendations
affecting the Master Plan shall be accompanied by a recommendation from the Planning and
Zoning Commission.
Section 11.04
Legal Effect of the Master Plan
Upon the adoption of a Master Plan by the City Council, no subdivision, street, park, or any
public way, ground or space, public building or structure, or public utility, whether publicly or
privately owned, which is in conflict with the Master Plan shall be constructed or authorized by
the City until and unless the location and extent thereof shall have been submitted to the
Commission and approved by the City Council. In the event of Commission disapproval, the
reasons therefor shall be directed in writing to the Council. The City Council shall have the
power to overrule such disapproval of the Planning and Zoning Commission and therewith
exercise its discretionary power for appropriate action in the matter which presents a conflict
with the Master Plan. The widening, narrowing, relocating, vacating, or change in the use of any
street, alley, or public way or ground, or the sale of any public building or real property, shall be
subject to similar submission and approval of the Planning and Zoning Commission, and failure
to approve may be similarly overruled by the Council for appropriate action at the discretion of
the City Council.
Section 11.05
Board of Adjustment
There shall be a Board of Adjustment as specified in Local Government Code Section 211.008,
as now or hereafter amended.
State law reference–Establishment and authority of zoning board of adjustment, V.T.C.A., Local Government
Code, sec. 211.008 et seq.
ARTICLE XII
FRANCHISES AND PUBLIC UTILITIES x*
Section 12.01
Powers of the City
In addition to the City’s power to buy, construct, lease, maintain, operate and regulate public
utilities and to manufacture, distribute and sell the output of such utility operations, the City shall
have further powers as may now or hereafter be granted under the constitution and laws of the
State of Texas.
Section 12.02
Franchise: Power of the Council
The City Council shall have power by ordinance to grant, amend, renew and extend all
franchises of all public utilities operating within the City. All ordinances granting, amending,
renewing or extending franchises for public utilities shall be read at two (2) separate regular
meetings of the Council, and shall not be finally passed until thirty (30) days after the first
reading. No such ordinance shall take effect until thirty (30) days after its final passage, and
pending such time, the full text of such ordinance shall be published once each week for four (4)
consecutive weeks in the official newspaper of the City, and the expense of such publication
shall be borne by the proponent of the franchise. No public utility franchise shall be granted for a
term of more than twenty (20) years nor be transferable except with the approval of the City
Council expressed by ordinance. Every public utility and every owner of a public utility
franchise shall file with the City Secretary certified copies of all franchises owned or claimed,
under which such utility is operated in the City.
Section 12.03
Franchise Value Not To Be Allowed
No value shall be assigned to any franchise granted by the City under this Charter in fixing
reasonable rates and charges for utility service within the City and in determining the just
compensation to be paid by the City for public utility property which the City may acquire by
condemnation or otherwise.
Section 12.04
Right of Regulation
All grants, removals, extensions or amendments of public utility franchises, whether it be so
provided in the ordinance or not, shall be subject to the right of the City Council to:
(a)
Repeal the same ordinance at any time upon the failure of the grantee to comply with
any provision of the ordinance, the franchise, this Charter or any applicable statute of
the State of Texas or rule of any applicable governmental body;
(b)
Require proper and adequate extension of plant and service and require the
maintenance of the plant and fixtures at the highest reasonable standard of efficiency;
(c)
Establish reasonable standards of service and quality of products and prevent unjust
discrimination in service or rates;
(d)
At any time examine and audit the accounts and other records of any such utility and
require annual and other reports, including reports on operations within the City;
(e)
Impose such reasonable regulations and restrictions as may be deemed desirable or
conducive to the safety, welfare and accommodation of the public;
(f)
Require such compensation and rental as may be permitted by the laws of the State of
Texas.
Section 12.05
No Exclusive
No grant or franchise to construct, maintain or operate a public utility, and no renewal or
extension of such grant shall be exclusive.
Section 12.06
Consent of Property Owners
The consent of abutting and adjacent property owners shall not be required for the construction,
extension, maintenance or operation of any public utility, but nothing in this Charter or in any
franchise granted hereunder shall ever be construed to deprive any such property owner of any
right of action for damage or injury to his property as now or hereafter provided by law.
Section 12.07
Extensions
All extensions of public utilities within the city limits shall become a part of the aggregate
property of the public utility, shall be operated as such, and shall be subject to all the obligations
and reserved rights contained in this Charter and in any grant hereafter made. The right to use
and maintain any extension shall terminate with the original grant and shall be terminable as
provided in Section 12.04. In case of an extension of a public utility operated under a franchise
hereafter granted, such right shall be terminable at the same time and under the same conditions
as the original grant.
Section 12.08
Other Conditions
All franchises heretofore granted are recognized as contracts between the City and the grantee,
and the contractual rights as contained in any such franchise shall not be impaired by the
provisions of this Charter, except that the power of the City to exercise the right of Eminent
Domain in the acquisition of utility property is in all things reserved, and except for the general
power of the City heretofore existing and herein provided for, to regulate the rates and services
of a grantee which shall include the right to require proper and adequate extension of the plant
and service and the maintenance of the system at the highest reasonable standard of efficiency.
Every public utility franchise hereafter granted shall be held subject to all terms and conditions
contained in the various sections of this article whether or not such terms are specifically
mentioned in the franchise. Nothing in this Charter shall operate to limit in any way, as
specifically stated, the discretion of the City Council or voters of the city in imposing terms and
conditions as may be reasonable in connection with any franchise grant.
Section 12.09
Accounts of Municipally-Owned Utilities
Accounts shall be kept for each public utility owned or operated by the City in such a manner as
to show the true and complete financial results of such City ownership and operation. The
accounts shall show the actual capital costs of each public utility owned, the cost of all
extensions, additions and improvements, and the source of funds expended for such capital
purposes. They shall show as nearly as possible the cost of any service furnished to or rendered
by any such utility to any City government unit. The City Council shall cause an annual report to
be made by a certified public accountant in connection with the annual audit, and shall publish
such report showing the financial results of such city ownership or operation, giving the
information specified in this section and such data as the City Council shall require.
Section 12.10
Sales of Utility Services
(a) The City Council shall have the power and authority to sell and distribute water and any
other utilities to any person, firm or corporation inside or outside the limits of the City, and to
permit them to connect with said system under contract with the City, under such terms and
conditions as may appear to be in the best interests of the City, provided the charges fixed for
such services shall be reasonable when considered in the light of all circumstances, to be
determined by the City Council.
(b) Materials and Inspection. The City Council shall have the power and authority to prescribe
the kind of materials used within or beyond the limits of the City where it furnishes service, and
to inspect the same and require them to be kept in good order and condition at all times, and to
make such rules and regulations as shall be necessary and proper, and prescribe penalties for
noncompliance with same.
Section 12.11
Regulation of Rates and Service
The City Council shall have the power, after due notice and hearing, to regulate by ordinance the
rates and services of every public utility operating in the City, and shall have power to employ at
the expense of the grantee, expert assistance and advice in determining reasonable rate and
equitable profit to the grantee.
ARTICLE XIII
TRANSITIONAL PROVISIONS
Section 13.01
Charter Adoption
This Charter shall be submitted to the qualified voters of the City of Watauga for adoption or
rejection at an election to be called for such purpose, at which election, if a majority of the
qualified voters voting in such election shall vote in favor of the adoption of this Charter, it shall
then immediately become the Charter and governing law of the City of Watauga until amended
or repealed. It being impractical to submit this Charter by sections, it is hereby prescribed that
the form of ballot to be used in such election shall be as follows to wit:
______ FOR THE ADOPTION OF THE CHARTER
______ AGAINST THE ADOPTION OF THE CHARTER
Section 13.02
Officers and Employees
A. Rights and Privileges Preserved. Nothing in this Charter, except as otherwise specifically
provided, shall affect or impair the rights or privileges of persons who are City officers or
employees.
B.
The participation of employees in the City in political campaigns or political activity shall
be regulated by provisions contained in the Personnel, Administrative and Financial Policies and
Procedures Manual as approved by resolution of the City Council. The City shall maintain at all
times a current Personnel, Administrative and Financial Policies and Procedures Manual
approved by resolution of the City Council. Such Personnel, Administrative and Financial
Policies and Procedures Manual shall contain provisions for the regulation of City employee
participation in political campaigns and political activities.
C. Employees of the City of Watauga are not required to contribute to any political fund or
render any political service to any person or party. Further, no City employee shall be removed,
reduced in classification and/or salary, or otherwise prejudiced by refusing to contribute to any
political fund or render a political service.
Section 13.03
Preservation of Contract Rights
All contracts entered into by the City of Watauga, or for its benefit, prior to the taking effect of
this Charter, shall continue in full force and effect. All rights, immunities, powers, privileges and
franchises now possessed by said City shall also continue in full force and effect.
Section 13.04
Franchises
The provisions of Section 13.04 have been included in Section 12.02 pursuant to Charter
amendment approved August 11, 1990.
Section 13.05
Charter Review Commission
There shall be established a Charter Review Commission which shall perform the function of (1)
inquiring into the operation of the City government under the provisions of the Home Rule
Charter and determining whether revision is required of any such provisions, (2) proposing
recommendations, (3) insuring compliance with the provisions of the Home Rule Charter, (4)
proposing amendments to the Home Rule Charter to improve the effective application and
administrative efficiency of the operation of the City under the Home Rule Charter and (5)
reporting its findings and presenting such proposed amendments to the City Council. The Charter
Review Commission shall consist of seven (7) members to be appointed by the Mayor, subject to
the approval and consent of the City Council. Each member of the Charter Review Commission
shall be a resident of the City at the time of appointment and shall remain a resident of the City
so long as they continue to serve on the Charter Review Commission. Places on the Charter
Review Commission shall be numbered one (1) through (7) with the odd-numbered places on the
board to be appointed for a two-year term to expire on the 30th day of June each odd-numbered
year. All members appointed to even-numbered places on the commission shall be appointed for
a two-year term to expire on the 30th day of June on even-numbered years. All members of the
commission shall serve without compensation. All vacancies occurring in the membership of the
commission shall be filled by appointment of the Mayor, with approval of the City Council, for
the length of the unexpired term.
The members of the Charter Review Commission shall elect a chairman to report to the Mayor
and City Council. The chairman shall also be responsible for scheduling and presiding over
meetings of the commission.
ARTICLE XIV
GENERAL PROVISIONS
Section 14.01
Public Records
All records of the City shall be maintained and available for public inspection in accordance with
Chapter 552 of the Government Code (Texas Public Information Act), as now or hereafter
amended. (Section 14.01 amended by charter amendment election held May 7, 2005)
State law reference–Public information, V.T.C.A., Government Code, ch. 552.
Section 14.02
Personal Financial Interest
No officer or employee of the City shall have a financial interest, directly or indirectly, in any
contract with the City, nor shall he be financially interested, directly or indirectly, in the sale to
the City of any land, or rights or interest in any land, material, supplies or service. Any violation
of this section with the knowledge, express or implied, of the persons or corporations contracting
with the City shall render the contract voidable by the City Manager or the City Council.
Nothing in this Article shall prohibit the City from obtaining land through purchase, gift or
agreement from any City official or employee when required for easement, right-of-way, parks
or municipal buildings provided, however, no Council member shall participate in Council action
during the acquisition of such land when that Council member has any financial interest, directly
or indirectly, in said land and further provided that purchase agreements must not exceed fair
market value as determined by a disinterested independent appraiser.
State law reference–Conflicts of interest of officers, V.T.C.A., Local Government Code, ch. 171.
Section 14.03
Nepotism
No persons related within the second degree of affinity, or within the third degree by
consanguinity to any elected officer of the City, or to the City Manager, shall be appointed to any
office, position or clerkship or other service of the City, save and except any such who have been
continuously employed by the City for a period of two (2) years prior to the election of the
Mayor, Councilman, or appointment of the City Manager. The provisions of this section of the
Charter shall not apply to volunteer services to the City.
State law reference–Nepotism, V.T.C.A., Government Code, ch. 573.
Section 14.04
Official Bond for City Employees
The Council shall require bonds of all municipal officers and employees who receive or disburse
any funds of the City. The amount of such bonds shall be determined by the Council and the cost
thereof shall be paid by the City.
State law reference–Official bonds, V.T.C.A., Government Code, ch. 604.
Section 14.05
Tort Liability
City liability for damages resulting from property damage, death or personal injuries of any kind
shall be subject to Article 1, Section 17 of the Texas Constitution and Chapter 101 of the Texas
Practice and Remedies Code, as now or hereafter amended.
State law references–Texas Tort Claims Act, V.T.C.A., Civil Practice and Remedies Code, ch. 101; notice
procedures, V.T.C.A., Civil Practice and Remedies Code, sec. 101.101.
Section 14.06
Separability Clause
If any section or part of section of this Charter shall be held invalid by a court of competent
jurisdiction, such holding shall not affect the remainder of this Charter nor the context in which
such section or part of section so held invalid may appear, except to the extent that an entire
section or part of section may be inseparably connected in meaning and effect with the section or
part of section to which such holding shall directly apply.
Section 14.07
Effect of Charter on Existing Laws
All codes, ordinances, resolutions, rules and regulations in force on the effective date of this
Charter, and not in conflict with this Charter, shall remain in force until altered, amended or
repealed by the City Council. All taxes, assessments, liens, encumbrances and demands, of or
against the City, fixed or established before such date, or for the fixing or establishing of which
proceedings have begun at such date, shall be valid when properly fixed or established either
under the law in force at the time of the beginning of such proceedings or under the law after the
adoption of this Charter. All rights of the City under existing franchises and contracts and all
existing authority for the issuance of bonds, granted prior to adoption of this Charter, shall be
preserved in full force and effect.
Section 14.08
Applicability of General Laws
The Constitution of the State of Texas, the statutes of said State applicable to Home Rule
Municipal Corporations, as now or hereafter enacted, this Charter and Ordinances enacted
pursuant hereto shall in the order mentioned, be applicable to the City of Watauga, but the City
shall also have the power to exercise any and all powers conferred by the laws of the State of
Texas upon any kind of City, Town or Village, not contrary to the provisions of the said “home
rule” Statutes, Charter and Ordinances; but the exercise of any such powers by the City of
Watauga shall be optional with it, and it shall not be required to conform to the law governing
any other cities, towns or villages, unless and until, by Ordinance it adopts the same.
Section 14.09
Property Not Exempt From Special Assessments
No property of any kind, by whomsoever owned or held or by whatsoever institution, agency,
political subdivision or organization, owned or held, whether in trust or by nonprofit
organization or corporation, or by “foundation” or otherwise, (except property of the City of
Watauga, Texas, independent school districts, and other tax supported institutions), shall be
exempt in any way from any of the special taxes, charges, levies and assessments, authorized or
permitted by this Charter, for local improvements for the public welfare.
Section 14.10
Amending the Charter
Amendments to this Charter may be formulated and submitted to the voters of the City of
Watauga in the manner provided by Chapter 9 of the Texas Local Government Code, V.T.C.A.,
as now or hereafter amended.
State constitution reference–Adoption or amendment of charter, Texas Constitution, art. 11, sec. 5.
State law reference–Adoption or amendment of charter, V.T.C.A., Local Government Code, sec. 9.001 et seq.
Section 14.11
Judicial Notice
This Charter shall be deemed a Public Act and shall have the force and effect of a General Law,
may be read in evidence without pleading or proof, and judicial notice shall be taken thereof in
all courts and places.
Section 14.12
Gender of Wording
The masculine gender of the wording used throughout this Charter shall always be interpreted to
mean either sex.
Section 14.13
Appeals
All procedures, structure and authority regarding termination and dismissal of employees shall
be regulated by the Personnel, Administrative and Financial Policies and Procedures Manual for
the City of Watauga, as now or hereafter amended.
Section 14.14
Conflict of Interest
Any person serving on the City Council, appointed board, commission or employee of the City,
who shall have a conflict of interest while conducting City business, shall immediately declare
such conflict of interest by affidavit filed with the City Secretary and shall disqualify himself
from participation in the matter for which the conflict exists. Conflict of interest includes the
following:
A.
Related (by blood or marriage) to the person or persons doing or requesting business
with the City.
B.
Having business or monetary connections with the persons or person doing business
with or requesting to do business with the City.
C.
Persons serving on boards, commissions or other official agencies doing business
with or in conjunction with the City.
D.
Having a substantial interest in real property wherein it is reasonably foreseeable that
an action on the matter will have a special economic effect on the value of the
property distinguishable from its effect on the public.
E.
It does not constitute a conflict of interest for members of the City Council, boards or
commissions to vote on issues involving their election or selection to a post, office or
other position to which members are generally eligible, or from voting when other
members are included in the issues.
Any person serving as an elected official of any political subdivision other than the City of
Watauga shall be prohibited from serving on any appointive board or commission of the City.
Any person having a conflict of interest as outlined above and who shall willfully fail to make
known such conflict of interest and shall fail to disqualify himself as required, shall constitute
grounds for disciplinary action by the City Council if proven beyond a reasonable doubt. Such
disciplinary action may include reprimand or removal from office to the extent allowed by law.
An action constituting a reprimand requires a majority vote of the voting members of the City
Council. Any action for removal from office requires a unanimous vote of the voting members of
the City Council. The Council member the subject of the removal issue shall not be permitted to
vote.
State law references–Conflicts of interest of officers, V.T.C.A., Local Government Code, ch. 171; public
disclosure, V.T.C.A., Government Code, ch. 553.
Section 14.15
Amendatory Provision
Any article, section, provision or reference contained in this Charter either adopting or referring
to any state statute, state constitutional provision or other state law shall, upon amendment,
revision, repeal or abolishment, of such state statute, state constitutional provision or state law,
be subject to the new interpretation or reading which supersedes the prior provision.
Section 14.16
Enumeration of Powers Herein Not Exclusive of Other Powers
The enumeration of particular powers of this Home Rule Charter shall not be deemed or held to
be exclusive, but in addition to the powers enumerated herein, implied thereby, or appropriate to
the exercise thereof, the City of Watauga shall have and may exercise all other powers which are
now or may hereafter be, possessed or enjoyed by cities of over five thousand (5,000) population
of the Constitution and general laws of the State of Texas, and all the powers of the City,
whether expressed or implied, shall be exercised and embraced in the manner prescribed by this
Home Rule Charter, and when not so prescribed, then in such manner as may be provided by
ordinance or resolution of the City Council.
Section 14.17
Charter To Become Effective Notwithstanding Some Section or Portion
Thereof Being Valid
If any section or part of a section of this Charter proves to be invalid or unconstitutional, the
same shall not be held to invalidate or impair the validity, force or effect of any other section or
part of a section of this Charter, unless it clearly appears that such other section or part of a
section of this Charter is wholly or necessarily dependent for its operation upon the section or
part of a section so held to be unconstitutional or invalid; it being here declared that the citizens
voting for this Charter would have voted for the same with such objectionable or invalid section
or part of a section omitted therefrom.
CHAPTER 1
GENERAL PROVISIONS
ARTICLE 1.01 CODE OF ORDINANCES xi*
Sec. 1.01.001
Adoption
There is hereby adopted the Code of Ordinances of the City of Watauga, Texas, as compiled,
edited and published by Franklin Legal Publishing, Inc. (Ordinance adopting Code)
Sec. 1.01.002
Designation and citation of code
The ordinances embraced in this chapter and the following chapters, articles and sections shall
constitute and be designated the “Code of Ordinances, City of Watauga, Texas,” and may be so
cited. (Ordinance adopting Code)
Sec. 1.01.003
Catchlines of articles, divisions and sections
The catchlines of the several articles, divisions and sections of this code are intended as mere
catchwords to indicate the contents of the article, division or section and shall not be deemed or
taken to be titles of such articles, divisions and sections, nor as any part of the articles, divisions
and sections, nor, unless expressly so provided, shall they be so deemed when any of such
articles, divisions and sections, including the catchlines, are amended or reenacted. (Ordinance
adopting Code)
State law reference–Headings of statutes, V.T.C.A., Government Code, sec. 311.024.
Sec. 1.01.004
Definitions and rules of construction
In the construction of this code and of all ordinances and resolutions passed by the city council,
the following rules shall be observed, unless such construction would be inconsistent with the
manifest intent of the city council:
Generally. Words shall be construed in their common and usual significance unless the contrary
is clearly indicated.
Chief, director of city department of public safety, director of public safety, director of
department of public safety, or director of the department.
(1)
Any reference in this code to the term or terms “chief,” “director of the city
department of public safety,” “director of public safety,” “director of department of
public safety,” or “director of the department” (where the department of public safety
is designated as “the department”), where the duties or responsibilities are applicable
to fire prevention, fire protection, ambulance services, or emergency medical
services, the terms above shall refer to the fire chief.
(2)
Any reference in this code to the term or terms “chief,” “director of the city
department of public safety,” “director of public safety,” “director of department of
public safety,” or “director of the department” (where the department of public safety
is designated as “the department”), where the duties and responsibilities are
applicable to a law enforcement function, criminal investigation, traffic control,
animal control regulations, approval for the moving or relocation of certain buildings
and structures, wrecking and towing services regulations, taxicab regulations,
inoperative vehicle regulations, community block party regulations, and any other
police-related matters, the terms above shall refer to the chief of police.
City and town. Each means the City of Watauga, Texas.
City administrator, city manager, city secretary, chief of police or other city officers. The term
“city administrator,” “city manager,” “city secretary,” “chief of police” or other city officer or
department shall be construed to mean the city administrator, city manager, city secretary, chief
of police or such other municipal officer or department, respectively, of the City of Watauga,
Texas.
Computation of time. Whenever a notice is required to be given or an act to be done a certain
length of time before any proceeding shall be had, the first day is excluded and the last day is
included. If the last day of any period is a Saturday, Sunday, or legal holiday, the period is
extended to include the next day that is not a Saturday, Sunday, or legal holiday.
State law reference–Computation of time, V.T.C.A., Government Code, sec. 311.014.
Council. Whenever the term “council” or “city council” or “the council” is used, it shall mean
the city council of the City of Watauga, Texas.
State law reference–References to municipal governing body and to members of municipal governing body,
V.T.C.A., Local Government Code, sec. 21.002.
County. The term “county” or “this county” shall mean the County of Tarrant, Texas.
Delegation of authority. Whenever a provision of this Code of Ordinances requires or authorizes
an officer or employee of the city to do some act or perform some duty, it shall be construed to
authorize such officer or employee to designate, delegate and authorize subordinates to perform
the act or duty unless the terms of the provision specifically designate otherwise.
Gender. A word importing the masculine gender only shall extend and be applied to females and
to firms, partnerships, associations and corporations, as well as to males.
State law reference–“Gender” defined, V.T.C.A., Government Code, sec. 312.003(c).
Joint authority. Words purporting to give authority to three (3) or more officers or other persons
shall be construed as giving such authority to a majority of such officers or other persons, unless
it is otherwise declared.
State law reference–Grants of authority, V.T.C.A., Government Code, sec. 312.004.
May. The word “may” is permissive.
State law reference–Construction of word “may,” V.T.C.A., Government Code, sec. 311.016.
Month. The word “month” shall mean a calendar month.
State law reference–“Month” defined, V.T.C.A., Government Code, sec. 312.011.
Must and shall. Each is mandatory.
State law reference–Construction of words “must” and “shall,” V.T.C.A., Government Code, sec. 311.016.
Number. Any word importing the singular number shall include the plural, and any word
importing the plural number shall include the singular.
State law reference–“Number,” V.T.C.A., Government Code, sec. 312.003(b).
Oath. The word “oath” shall be construed to include an affirmation in all cases in which, by law,
an affirmation may be substituted for an oath, and in such cases the words “swear” and “sworn”
shall be equivalent to the words “affirm” and “affirmed.”
State law reference–“Oath,” “swear” and “sworn” defined, V.T.C.A., Government Code, sec. 312.011.
Official time standard. Whenever certain hours are named in this code, they shall mean standard
time or daylight saving time, as may be in current use in the city.
State law reference–Standard time, V.T.C.A., Government Code, sec. 312.016.
Or, and. The word “or” may be read “and,” and the word “and” may be read “or,” as the sense
requires it.
Owner. The word “owner,” applied to a building or land, shall include any 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 such building or land.
Person. The word “person” shall extend and be applied to associations, corporations, firms,
partnerships, organizations, business trusts, estates, trusts, and bodies politic and corporate, as
well as to individuals.
State law reference–“Person” defined, V.T.C.A., Government Code, sec. 311.005.
Preceding, following. The terms “preceding” and “following” mean next before and next after,
respectively.
Property. The word “property” shall mean and include real and personal property.
State law reference–“Property” defined, V.T.C.A., Government Code, sec. 311.005.
Real property. The term “real property” shall mean and include lands, tenements and
hereditaments.
Sidewalk. The word “sidewalk” shall mean that portion of a street between the curbline and the
adjacent property line intended for the use of pedestrians.
Signature or subscription. A signature or subscription shall include a mark when a person cannot
write.
State law reference–“Signature” and “subscribe” defined, V.T.C.A., Government Code, sec. 312.011.
State. The term “the state” or “this state” shall be construed to mean the State of Texas.
Street. The word “street” shall have its commonly accepted meaning and shall include highways,
sidewalks, alleys, avenues, recessed parking areas and other public rights-of-way, including the
entire right-of-way.
Tense. Words used in the past or present tense include the future, as well as the past and present.
State law reference–“Tense,” V.T.C.A., Government Code, sec. 312.003(a).
V.T.C.S., V.T.P.C., V.T.C.C.P., V.T.C.A. Such abbreviations refer to the divisions of Vernon’s
Texas Statutes Annotated.
Written or in writing. The term “written” or “in writing” shall be construed to include any
representation of words, letters, or figures, whether by printing or otherwise.
State law reference–“Written” or “in writing” defined, V.T.C.A., Government Code, sec. 312.011.
Year. The word “year” shall mean a calendar year.
State law reference–“Year” defined, V.T.C.A., Government Code, sec. 312.011.
(2001 Code, sec. 1.104; Ordinance adopting Code)
Sec. 1.01.005
Severability of parts of code
It is hereby declared to be the intention of the city council that the sections, paragraphs,
sentences, clauses and phrases of this code are severable, and if any phrase, clause, sentence,
paragraph or section of this code 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 and sections of this code, since the same
would have been enacted by the city council without the incorporation in the code of any such
unconstitutional phrase, clause, sentence, paragraph or section. (Ordinance adopting Code)
State law reference–Severability of statutes, V.T.C.A., Government Code, sec. 312.013.
Sec. 1.01.006
Repeal of ordinances
The repeal of an ordinance or any portion thereof shall not repeal the repealing clause of an
ordinance or revive any ordinance which has been previously repealed. (Ordinance adopting
Code)
State law reference–Effect of repeal of statutes, V.T.C.A., Government Code, sec. 311.030.
Sec. 1.01.007
Amendments or additions to code
All ordinances of a general and permanent nature, and amendments to such ordinances, hereafter
enacted or presented to the city council for enactment, shall be drafted, so far as possible, as
specific amendments of, or additions to, the Code of Ordinances. Amendments to this code shall
be made by reference to the chapter and section of the code which is to be amended, and
additions shall bear an appropriate designation of chapter, article and section; provided, however,
the failure to do so shall in no way affect the validity or enforceability of such ordinances.
(Ordinance adopting Code)
Sec. 1.01.008
Supplementation of code
(a) By contract or by city personnel, supplements to this code shall be prepared and printed
whenever authorized or directed by the city council. A supplement to the code shall include all
substantive permanent and general parts of ordinances passed by the city council or adopted by
initiative and referendum during the period covered by the supplement and all changes made
thereby in the code. The pages of a supplement shall be so numbered that they will fit properly
into the code and will, where necessary, replace pages that have become obsolete or partially
obsolete, and the new pages shall be so prepared that, when they have been inserted, the code
will be current through the date of the adoption of the latest ordinance included in the
supplement.
(b) In preparing a supplement to this code, all portions of the code which have been repealed
shall be excluded from the code by omission thereof from reprinted pages.
(c) When preparing a supplement to this code, the codifier (meaning the person, agency or
organization authorized to prepare the supplement) may make formal, nonsubstantive changes in
ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so
to embody them into a unified code. For example, the codifier may:
(1)
Organize the ordinance material into appropriate subdivisions;
(2)
Provide appropriate catchlines, headings and titles for articles, sections and other
subdivisions of the code printed in the supplement and make changes in such
catchlines, headings and titles;
(3)
Assign appropriate numbers to articles, sections and other subdivisions to be inserted
in the code and, where necessary to accommodate new material, change existing
article or section or other subdivision numbers;
(4)
Change the words “this ordinance” or words of the same meaning to “this chapter,”
“this article,” “this section,” “this subsection,” etc., as the case may be; and
(5)
Make other nonsubstantive changes necessary to preserve the original meaning of
ordinance material inserted into the code, but in no case shall the codifier make any
change in the meaning or effect of ordinance material included in the supplement or
already embodied in the code.
Sec. 1.01.009
General penalty for violations of code; continuing violations
(a) Whenever in this code or in any ordinance of the city an act is prohibited or is made or
declared to be unlawful or an offense or a misdemeanor or whenever in this code or such
ordinance the doing of any act is required or the failure to do any act is declared to be unlawful,
and no specific penalty is provided therefor, the violation of any such provision of this code or
any such ordinance shall be punished by a fine of not exceeding five hundred dollars ($500.00).
(b) A fine or penalty for the violation of a rule, ordinance or police regulation that governs fire
safety, zoning or public health and sanitation, including the dumping of refuse, may not exceed
two thousand dollars ($2,000.00).
(c) Unless otherwise specifically stated in this code, any violation of this code or of any
ordinance that is punishable by a fine that does not exceed five hundred dollars ($500.00) does
not require a culpable mental state, and a culpable mental state is hereby not required to prove
any such offense. Unless otherwise specifically stated in this code, any violation of this code or
of any ordinance that is punishable by a fine that exceeds five hundred dollars ($500.00) shall
require a culpable mental state.
(d) No penalty shall be greater or less than the penalty provided for the same or a similar
offense under the laws of the state.
(e) Unless otherwise stated in this code or in any ordinance, each day any violation of this code
or of any ordinance shall continue shall constitute a separate offense.
(f) In the event that any such violation is designated as a nuisance under the provisions of this
code, such nuisance may be summarily abated by the city. In addition to the penalty prescribed
above, the city may pursue other remedies such as abatement of nuisances, injunctive relief and
revocation of licenses or permits.
State law references–Penalties for violations, V.T.C.A., Local Government Code, sec. 54.001; penalty for class C
misdemeanor, V.T.C.A., Penal Code, sec. 12.23; requirement of culpability, V.T.C.A., Penal Code, sec. 6.02.
Sec. 1.01.010
Warning notices for violations
Code enforcement officers charged with enforcement of city codes and employed with the code
enforcement division of public works may issue a warning notice and allow up to ten (10) days
for the violation to be corrected. Warning notices as well as the length of time, up to ten (10)
days maximum, to correct the violation, shall be at the discretion of the code enforcement officer
and shall not be deemed mandatory. All warnings and length of time to correct a violation shall
be based upon the circumstances that apply to the particular violation. No more than one (1)
warning shall be issued for a particular violation per location and/or individual within a twelve
(12) month period. (2001 Code, sec. 1.110)
Sec. 1.01.011
Culpable mental state
(a) If the maximum allowable fine for an offense defined by a municipal ordinance of the city
does not exceed five hundred dollars ($500.00), but the definition of the offense does not
prescribe a culpable mental state, a culpable mental state is hereby not required to prove any
such offense.
(b) If the maximum allowable fine for an offense defined by a municipal ordinance of the city
exceeds five hundred dollars ($500.00), but the definition of the offense does not prescribe a
culpable mental state, the culpable mental state shall be “recklessly” or “with recklessness.”
(c) A person acts recklessly, or is reckless, with respect to circumstances surrounding his
conduct or the result of his conduct when he is aware of but consciously disregards a substantial
justifiable risk that the circumstances exist or the result will occur. The risk must be of such a
nature and degree that its disregard constitutes a gross deviation from the standard of care that an
ordinary person would exercise under all the circumstances as viewed from the actor’s
standpoint.
(2001 Code, sec. 1.111)
ARTICLE 1.02 ADMINISTRATION xii*
Division 1. Generally
Sec. 1.02.001
Adoption of home rule charter
The home rule charter of the city was adopted at an election held within the city on the 19th day
of January, 1980, and amended by elections held on the 19th day of January, 1980, the 19th day
of January, 1985, the 8th day of August, 1987, the 11th day of August, 1990, the 15th day of
January, 1994, the 10th day of August, 1996, the 8th day of August, 1998, the 14th day of
September, 2002, the 7th day of May, 2005, and the 6th day of November, 2007. (2001 Code,
art. 1.300)
Sec. 1.02.002
Fiscal year
The fiscal year of the city shall henceforth be from October 1 through September 30 of each year
for all purposes where applicable. (2001 Code, art. 9.300)
Charter reference–Fiscal year, sec. 9.01.
State law reference–Authority to establish fiscal year different from charter, V.T.C.A., Tax Code, sec. 1.05.
Sec. 1.02.003
Official newspaper
The city council, in accordance with the provisions of V.T.C.A., Local Government Code,
section 52.004, shall hereafter designate an official newspaper of the city. Such designation shall
be made by resolution duly passed and adopted by the city council. Such designated newspaper
shall be a newspaper of general circulation in the city. Such designation by resolution shall be
effective from the date of passage of such resolution, until such time as the city council might
further act to alter or amend such designation. (2001 Code, art. 9.400)
Sec. 1.02.004
Persons authorized to sign checks
(a) The designation of four (4) individuals to be authorized to sign checks and drafts and
execute all other banking needs for the city will be done by adopting a resolution designating the
four (4) authorized positions.
(b) Two (2) of the four (4) authorized individuals shall cosign together in order to transact
banking needs on behalf of the city.
(c) It shall be the responsibility of the city manager or his appointee to keep all bank signature
cards current with the change of persons holding each of the four (4) authorized positions.
(2001 Code, art. 9.500)
Sec. 1.02.005
Fee for accident reports
The city shall collect a fee for each accident report requested. (2001 Code, sec. 1.616)
Secs. 1.02.006–1.02.030
Reserved
Division 2. Claims Against City xiii*
Sec. 1.02.031
Written notice required
The city shall never be liable for any claim for property damage or for personal injury, whether
such personal injury results in death or not, unless the person damaged or injured, or someone in
his behalf, or, in the event the injury results in death, the person or persons who may have a
cause of action under the law by reason of such death or injury, shall, within thirty (30) days
shown [sic] from the date the damage or injury was received, give notice in writing to the city
manager or city secretary of the following facts:
(1)
The date and time when the injury occurred and the place where the injured person or
property was at the time when the injury was received;
(2)
The nature of the damage or injury sustained;
(3)
The apparent extent of the damage or injury sustained and the manner in which it
occurred;
(4)
A specific and detailed statement of how and under what circumstances the damage
or injury occurred;
(5)
The amount for which each claimant will settle;
(6)
The actual place of residence of each claimant by street, number, city and state for the
previous six (6) months preceding the date of such death or injury and on the date the
claim is presented;
(7)
The names and addresses of all persons who, according to the knowledge or
information of the claimant, witnessed the occurrence of the injury or any part thereof
and the names of the doctors, if any, to whose care the injured person is committed
and any other witnesses on which the claimant relies in establishing a claim for
damages;
(8)
In the case of property damage, the location of the damaged property at the time the
claim was submitted along with the names and addresses of all persons who
witnessed the happening of the damage or any part thereof.
(2001 Code, sec. 1.801)
Sec. 1.02.032
Council consideration required prior to suit
No suit of any nature whatsoever shall be instituted or maintained against the city unless the
plaintiff therein shall aver and prove that ninety (90) days prior to the filing of suit the plaintiff
applied to the city council for redress, satisfaction, compensation or relief. (2001 Code, sec.
1.802)
Sec. 1.02.033
Service of notices
All notices required by this division shall be effectuated by serving them upon the city secretary
or city manager at the following location: City of Watauga Municipal Complex, 7101 Whitley
Road, Watauga, Tarrant County, Texas, and all such notices shall be effective only when actually
received in the office of the person named above. (2001 Code, sec. 1.803)
Sec. 1.02.034
Waiver of requirements
Neither the mayor, a city council member, nor any other officer or employee of the city shall
have the authority to waive any of the provisions of this division or section 14.05 of the home
rule charter for the city. (2001 Code, sec. 1.804)
Sec. 1.02.035
Notice to be sworn
The written notice required under this division shall be sworn to by the person claiming the
damage or injuries or by someone authorized by him to do so on his behalf. Failure to swear to
the notice as required herein shall not render the notice fatally defective, but failure to so verify
the notice may be considered by the city council as a factor relating to the truth of the allegations
and to the weight to be given to the allegations contained therein. (2001 Code, sec. 1.805)
ARTICLE 1.03 CITY COUNCIL xiv*
Sec. 1.03.001
Meetings
The city council shall establish, by resolution, procedures to be followed at city council meetings
of the city. Such resolution, which may be amended from time to time by further resolution of
the council, shall establish procedures to be followed for the following items:
(1)
Meeting dates and times for regular meetings of the city council.
(2)
Establish order of business to be followed at regular meetings of the city council.
(3)
Provide any modifications, alterations and amendments to Robert’s Rules of Order
which may be in use at city council meetings. In this regard, it is established that
Robert’s Rules of Order shall be followed at all meetings of the city council unless
specific provisions to the contrary are hereafter adopted by resolution of the council.
(4)
Establish procedures for the determination of alternate meeting days where regular
meeting dates fall on legal holidays.
(2001 Code, art. 9.1300)
Charter reference–Meetings and rules of procedure, sec. 3.09.
State law reference–Open meetings, V.T.C.A., Government Code, ch. 551.
ARTICLE 1.04 BOARDS, COMMISSIONS AND COMMITTEES xv†
Secs. 1.04.001–1.04.030
Reserved
Division 2. Charter Review Commission xvi**
Sec. 1.04.031
Created; powers and duties
There is hereby created for the city in accordance with section 13.05 of the home rule charter a
commission which shall be known as the “charter review commission” (hereinafter “the
commission”). The commission shall have powers and duties as set forth in section 13.05 of the
home rule charter, as now or hereafter amended. (2001 Code, sec. 9.901)
Sec. 1.04.032
Residency requirement
Each member of the commission shall be a resident of the city and shall be a qualified registered
voter for the city on the date of appointment to the commission and shall remain a resident and a
qualified registered voter so long as they continue to serve on the commission. (2001 Code, sec.
9.902)
Sec. 1.04.033
Composition; appointment and removal of members
(a) The charter review commission shall consist of seven (7) regular members. Places on the
board shall be numbered one (1) through seven (7), with all members appointed for two (2) year
terms to expire June 30. Members serving in odd-numbered places shall have their terms expire
on each odd-numbered year, and members serving in even-numbered places shall have their
terms expire on even-numbered years. The commission may submit to the mayor the names of
those current members who are recommended for reappointment. The mayor may accept or
reject the names submitted, but all recommended appointments by the mayor to fill such
positions shall be subject to approval by the city council. The mayor, subject to the approval and
consent of the city council in an open meeting, shall appoint members to the commission. (2001
Code, sec. 9.903; Ordinance 1439, sec. II, adopted 2/22/10)
(b) The commission shall recommend to the mayor and city council removal of any member
who is absent from two (2) consecutive meetings without first notifying the chair or the city
secretary’s office by 12:00 noon of the meeting date and/or fails to exhibit interest in the
endeavors of the commission. Two (2) consecutive absences by a member, whether or not the
member first notifies the chair or the city secretary’s office by 12:00 noon of the meeting date,
shall require a specific agenda item at the next regularly scheduled meeting to determine if the
reasons for the absences are sufficient to be excused or constitute a failure to exhibit a general
interest in the endeavors of the commission. Members serve at the pleasure of the city council
and may be removed at the discretion of the council.
(c)
No city staff member or employee shall be a member of the commission.
(2001 Code, sec. 9.903)
Sec. 1.04.034
New members
Upon completion of the appointment process, new members should become familiar with all
aspects, duties and responsibilities of the charter review commission. The commission secretary
shall furnish the telephone numbers of other commission members and staff, the governing
regulations, and any other pertinent information to the new member within seven (7) days of the
new member’s appointment. (2001 Code, sec. 9.904)
Sec. 1.04.035
Liaisons
(a) In addition to regular commission members, the commission shall have two (2) members of
the city council appointed by the mayor subject to the approval and consent of the city council to
serve as liaisons to the commission. The purpose of the liaisons is to provide guidance to the
commission in matters pertaining to city administration and home rule charter affairs, and to
provide interface with city staff, the city attorney, and the full city council in any matters that
may arise. City council liaisons shall not have the right to vote in any matter before the
commission, but shall have the right to fully participate in all discussions of matters that come
before the commission.
(b) The appointment of liaisons by the mayor shall be at the second meeting in June of each
year.
(2001 Code, sec. 9.905)
Sec. 1.04.036
Officers
(a) The officers of the commission shall be a chairperson or chair, a vice-chairperson, and a
secretary.
(b) At its first meeting in September 1 of each year, the membership of the commission shall
determine by majority vote the chairperson, vice-chairperson and secretary. Those positions shall
be for a period of one (1) year, or until the first meeting after September 1 of the following year.
(c)
Vacancies that occur in office are to be filled as follows:
(1)
In the event of a vacancy or incapacity of the chairperson, the vice-chairperson shall
become the chair for the unexpired portion of the term.
(2)
Vacancies that occur in the other offices shall be filled by special election for the
unexpired term.
(3)
(d)
Vacancies occurring in any office shall be filled at the next meeting of the
commission.
Duties of the officers shall be as follows:
(1)
Chairperson:
(A) Preside at all meetings.
(B) Represent the board at public functions.
(C) Appoint special committees.
(D) Provide an agenda for each meeting, including an item requested by any other
board member, or by the director of the department with whom this commission
directly interfaces. The agenda shall be provided to the city secretary no less
than five (5) working days prior to any meeting to provide proper posting notice
in accordance with state open meetings laws.
(E) Schedule meetings of the commission, if other than the pre-established time,
day, or week of the month.
(F)
Report to the mayor and city council.
(G) The chair shall be entitled to vote on matters coming before the commission.
(2)
Vice-chairperson: Assist the chairperson in directing the affairs of the commission
and act in the chair’s absence.
(3)
Secretary:
(A) Is responsible for the accuracy of the minutes of the commission’s meetings. A
draft copy of those minutes will be provided to the city secretary within three
(3) working days following any meeting.
(B) Shall sign the approved minutes.
(2001 Code, sec. 9.906)
Sec. 1.04.037
Compensation of members; fundraising activities; expenditures
(a)
All members of the commission shall serve without compensation.
(b)
The commission shall obtain authorization from the city council through its liaison prior to
seeking any donations, engaging in any solicitations, or other fundraising activity. All other
revenues derived from fundraising activities shall be deposited into the city general fund and
utilized to support related activities as determined by the city council during the budgeting
process or review for all city departments. No debts of any kind or character shall be made or
incurred by the commission or anyone acting on its behalf without the express authority of the
city council.
(2001 Code, sec. 9.907)
Sec. 1.04.038
Meetings
The commission shall hold regular meetings as needed or required, but in no case shall these
meetings be held less often than once each calendar year. The commission shall by majority vote
determine the time and place of those scheduled meetings. Variations from this schedule will be
on an as-needed basis to be determined and scheduled by the chairperson. A quorum shall consist
of a majority of the regularly appointed members serving on the commission at that time.
Council liaisons shall not be counted to constitute a quorum. The meetings shall be conducted
under the requirements of Robert’s Rules of Order with the chairperson presiding at each
meeting, or the vice-chairperson in the chairperson’s absence. The secretary of the commission
shall record the minutes of the proceedings of the meetings and shall submit the same to the city
manager through the city secretary as previously described for inclusion in the monthly report
from the city manager to the city council. All meetings shall be open to the public and shall be
conducted in accordance with the Texas Open Meetings Act, chapter 551 of the Texas
Government Code, as now or hereafter amended. (2001 Code, sec. 9.908)
Sec. 1.04.039
Assistance by city staff
(a) City departments are to furnish the commission with reports and services at the direction of
the city manager or city council.
(b) The commission may receive reports, advice and available services from the various city
departments as required and directed by the city manager or his designated representative. The
city staff will be available for advice and consultation, and shall cooperate with and render such
services for the commission as shall be reasonably necessary for the operations of the
commission.
(2001 Code, sec. 9.909)
Secs. 1.04.040–1.04.060
Reserved
Division 3. Library Board
Sec. 1.04.061
(a) There is hereby created for the city a board which shall be known as the “library board”
(hereinafter “the board”). The board shall have powers and duties as follows:
(1)
Act in an advisory capacity on all matters pertaining to the library operated by the
city;
(2)
Recommend policies to govern the operation and programs of the city public library;
(3)
Assist in planning and provide guidance for expansion of library facilities;
(4)
Assist in interpreting the policies and functions of the library department to the
public;
(5)
Encourage in every possible manner the development and advancement of the city
public library;
(6)
Abide by applicable ordinances of the city; and
(7)
Do and perform such other acts as shall be delegated to the board by the city council.
(b) The board shall have no authority in the hiring or assignment of employees or volunteers in
the library for the city. The board shall not have any authority in the activities or the
establishment of salary ranges for such employees. Further, the board and its members shall
direct all communications concerning city officers and employees through the office of the city
manager and neither the board nor its members shall instruct or direct any such officer or
employee, either publicly or privately.
(2001 Code, sec. 9.801)
Sec. 1.04.062
Each member of the board shall be a resident of the city and shall be a qualified registered voter
for the city on the date of appointment to the board and shall remain a resident and a qualified
registered voter so long as they continue to serve on the board. (2001 Code, sec. 9.802)
Sec. 1.04.063
(a) The board shall consist of seven (7) regular members. Places on the board shall be
numbered one (1) through seven (7) with all members appointed for two (2) year terms to expire
August 31. Members serving in odd-numbered places shall have their terms expire on each
odd-numbered year, and members serving in even-numbered places shall have their terms expire
on even-numbered years. The board may submit to the mayor the names of those current
members who are recommended for reappointment. The mayor may accept or reject the names
submitted, but all recommended appointments by the mayor to fill such positions shall be subject
to approval by the city council. The mayor, subject to the approval and consent of the city
council in an open meeting, shall appoint members to the board. (2001 Code, sec. 9.803;
Ordinance 1439, sec. I, adopted 2/22/10)
(b) The board shall recommend to the mayor and city council removal of any member who is
absent from two (2) consecutive meetings without first notifying the chair or the city secretary’s
office by 12:00 noon of the meeting date and/or fails to exhibit a general interest in the
endeavors of the board. Two (2) consecutive absences by a member, whether or not the member
first notifies the chair or the city secretary’s office by 12:00 noon of the meeting date, shall
require a specific agenda item at the next regularly scheduled meeting to determine if the reasons
for the absences are sufficient to be excused or constitute a failure to exhibit a general interest in
the endeavors of the board. Members serve at the pleasure of the city council and may be
removed at the discretion of the council.
(c)
No city staff member or employee shall be a member of the board.
(2001 Code, sec. 9.803)
Sec. 1.04.064
New members
Upon completion of the appointment process, new members should become familiar with all
aspects, duties and responsibilities of the library board. The board secretary shall furnish the
telephone numbers of other board members and staff, the governing regulations, and any other
pertinent information to the new member within seven (7) days of the new member’s
appointment. (2001 Code, sec. 9.804)
Sec. 1.04.065
Liaisons
(a) In addition to regular board members, the board shall have two (2) members of the city
council appointed by the mayor subject to the approval and consent of city council to serve as
liaisons to the board. The purpose of the liaisons is to provide guidance to the board in matters
pertaining to city administration and home rule charter affairs, and to provide interface with city
staff, the city attorney, and the full city council in any matters that may arise. City council
liaisons shall not have the right to vote in any matter before the board, but shall have the right to
fully participate in all discussions of matters that come before the board.
(b) The appointment of liaisons by the mayor shall be at the second meeting in June of each
year.
(2001 Code, sec. 9.805)
Sec. 1.04.066
Officers
(a) The officers of the board shall be a chairperson or chair, a vice-chairperson, and a
secretary.
(b) At its first meeting in September 1 of each year, the membership of the board shall
determine by majority vote the chairperson, vice-chairperson and secretary. Those positions shall
be for a period of one (1) year, or until the first meeting after September 1 of the following year.
(c)
(d)
(1)
In the event of a vacancy or incapacity of the chairperson, the vice-chairperson [shall
be the chairperson for the unexpired portion of the term].
(2)
Vacancies that occur in the other offices shall be filled by special election for the
unexpired term.
(3)
Vacancies occurring in any office shall be filled at the next meeting of the board.
(1)
Chairperson:
(B) Represent the board at public functions.
(D) Provide an agenda for each meeting, including an item requested by any other
board member, or by the director of the department with whom this board
than five (5) working days prior to any meeting to provide proper posting notice
in accordance with state open meetings laws.
(E) Schedule meetings of the board, if other than the pre-established time, day, or
week of the month.
(F)
The chair shall be permitted to vote on issues coming before the board.
(2)
Vice-chairperson: Assist the chairperson in directing the affairs of the board and act
in the chair’s absence.
(3)
Secretary:
(A) Is responsible for the accuracy of the minutes of the board’s meetings. A draft
copy of those minutes will be provided to the city secretary within three (3)
working days following any meeting.
(2001 Code, sec. 9.806)
Sec. 1.04.067
(a)
All members of the board shall serve without compensation.
(b) The board shall obtain authorization from the city council through its liaison prior to
revenues derived from fundraising activities shall be deposited into the city general fund and
process or review for all city departments. No debts of any kind or character shall be made or
incurred by the board or anyone acting on its behalf without the express authority of the city
council.
(2001 Code, sec. 9.807)
Sec. 1.04.068
Meetings
The board shall hold regular meetings every other month and shall by majority vote determine
the time and place of those scheduled meetings. Variations from this schedule will be on an
as-needed basis to be determined and scheduled by the chairperson. A quorum shall consist of a
majority of the regularly appointed members serving on the board at that time. Council liaisons
shall not be counted to constitute a quorum. The meetings shall be conducted under the
requirements of Robert’s Rules of Order with the chairperson presiding at each meeting, or the
vice-chairperson in the chairperson’s absence. The secretary of the board shall record the
minutes of the proceedings of the meetings and shall submit the same to the city manager
through the city secretary as previously described for inclusion in the monthly report from the
city manager to the city council. All meetings shall be open to the public and shall be conducted
in accordance with the Texas Open Meetings Act, chapter 551 of the Texas Government Code,
as now or hereafter amended. (2001 Code, sec. 9.808)
Sec. 1.04.069
Assistance by city staff
(a) City departments are to furnish the board with reports and services at the direction of the
city manager or city council.
(b) The board may receive reports, advice and available services from the various city
departments as required and directed by the city manager or his designated representative. The
library director and his or her staff will be available for advice and consultation, and shall
cooperate with and render such services for the board as shall be reasonably necessary for the
operations of the board.
(2001 Code, sec. 9.809)
Secs. 1.04.070–1.04.090
Reserved
Division 4. Capital Improvement Advisory Committee xvii*
Sec. 1.04.091
Composition; powers; appointment and removal of members
(a) The capital improvement advisory committee, herein also called “advisory committee,”
shall be composed of the seven (7) regular members of the planning and zoning commission plus
one additional member engaged in the real estate, development and/or building industry who
shall be appointed by the mayor and the city council and serve as an ad hoc voting member of
the planning and zoning commission when it acts as the capital improvement advisory
committee. The advisory committee shall exercise such powers as prescribed by chapter 395,
Local Government Code, as now or hereafter amended, and as further granted by the city
council, so long as those granted powers are not in conflict with chapter 395.
(b) The committee shall recommend to the mayor and city council removal of any member
who is absent from two (2) consecutive meetings without first notifying the chair or the city
secretary’s office by 12:00 noon of the meeting date and/or fails to exhibit a general interest in
the endeavors of the committee. Two (2) consecutive absences by a member, whether or not the
member first notifies the chair or the city secretary’s office by 12:00 noon of the meeting date,
shall require a specific agenda item at the next regularly scheduled meeting to determine if the
reasons for the absences are sufficient to be excused or constitute a failure to exhibit a general
interest in the endeavors of the committee. Members serve at the pleasure of the city council and
may be removed at the sole discretion of the council.
(2001 Code, sec. 9.1701)
Sec. 1.04.092
Officers
The officers of the planning and zoning commission shall hold like positions on the advisory
committee. Those officers shall be chairperson, vice-chairperson and secretary, and each shall be
selected in accordance with the rules and procedures of the planning and zoning commission.
(2001 Code, sec. 9.1702)
Sec. 1.04.093
Duties
The advisory committee shall serve in an advisory capacity and is established by the city council
to perform the following duties:
(1)
Advise and assist the city council in adopting land use assumptions.
(2)
Review the capital improvements plan and file its written comments.
(3)
Monitor and evaluate implementation of the capital improvements plan and impact
fees.
(4)
File semi-annual written reports with respect to the progress of the capital
improvements plan and report to the city council any perceived inequities in
implementing the capital improvements plan or imposing the impact fees.
(5)
Advise the city council of the need to update or revise the land use assumptions,
capital improvements plan and/or impact fees.
(6)
Provide other impact fee advisory services as directed by the city council.
(7)
File written comments on any proposed impact fees or revision to impact fees before
the fifth (5th) business day before the date of the public hearing on the imposition of
the fees as required by section 395.050 of the Local Government Code.
(2001 Code, sec. 9.1703)
Sec. 1.04.094
Rules of order
Roberts Rules of Order, latest revision, shall be the committee’s final authority on all questions
of procedure and parliamentary laws not covered by these rules and procedures. The rules and
procedures of the advisory committee shall be adopted and approved by the city council. Any
suggested modifications to the adopted rules and procedures shall first be submitted to the city
council for formal approval. An approved copy of these rules and procedures, and any
amendments thereto, shall be filed in the office of the city secretary and be made available for
public inspection during regular business hours. (2001 Code, sec. 9.1704)
Sec. 1.04.095
Meetings
(a) A quorum shall consist of five (5) members and shall be required to conduct official
business and forward recommendations to the city council.
(b) An agenda shall be prepared for each meeting by employees of the finance and/or public
works departments. The agenda and all reference and statistical material relating to agenda items
shall be delivered to each advisory committee member prior to each meeting allowing adequate
time for review of and familiarization with the agenda items.
(c) Meetings of the advisory committee shall be called and conducted at various times to fulfill
the obligations outlined in chapter 395, Local Government Code, as amended, as well as
directives of the city council. The chairperson shall call meetings and instruct employees of the
finance and/or public works departments to prepare an agenda and provide any required
information, reports or statistics. Meetings of the advisory committee shall be held in the city
hall unless otherwise directed by the chairperson with the approval of a majority of the advisory
committee. The chairperson shall establish a time for each called meeting of the advisory
committee.
(d) Notice of all meetings of the advisory committee shall be posted, open to the public and
shall be held in accordance with state law and the charter and code of the city.
(e) The advisory committee may convene in work session in order to discuss any matter
concerning impact fees, land use assumptions and/or capital improvements plans as well as any
other matter relating to chapter 395, Local Government Code. No official business shall be
conducted at such work session, and a quorum shall not be required.
(2001 Code, sec. 9.1705)
Sec. 1.04.096
Official records
(a) Definition. The official records of the advisory committee shall consist of these rules and
procedures, minutes of all meetings, supporting documents such as reports, calculations, and all
other material used to approve land use assumptions, capital improvements plan, prepared
written reports to the city council and supporting documentation for all recommendations.
(b) Minutes. The minutes of the advisory committee meetings shall reflect the vote of each
member, or if absent or abstaining shall indicate that fact.
(c) Record retention; public inspection. The official records of the advisory committee shall be
kept for a period of not less than ten (10) years and be made available for public inspection
during regular business hours of the city.
(2001 Code, sec. 9.1706)
Sec. 1.04.097
Hearings and decisions
(a) Order of business. The chairperson, or in his/her absence the vice-chairperson, shall preside
at all meetings and shall decide all points of order or procedure. All letters of transmittal and/or
correspondence from the advisory committee shall be over the signature of the chairperson. The
chairperson shall call the committee to order and call the roll of the membership. The members
present and/or absent shall be recorded by the committee secretary or a designated municipal
employee representative. The minutes of any previous meeting shall be submitted for approval.
The public shall be advised of the procedures to be followed in the meeting. A representative of
the finance and/or public works department shall publicly advise the committee members of any
communication received pertaining to any matter pending before the committee.
(b)
Presentation and hearing.
(1)
The chairperson shall call on persons present who wish to speak to the agenda items,
and shall direct that they speak in the following order:
(A) The proponent or their designated representative.
(B) Those persons in support of the agenda item.
(C) Those persons in opposition to the agenda item.
Whenever necessary, the chairperson shall direct that all remarks be germane to the
agenda item. At the chairperson’s discretion, a specified time limit may be imposed
for each speaker wishing to address a particular item. No rebuttal shall be allowed
from either side, unless specifically granted by a majority vote of the committee. The
committee may direct questions to any speaker in order to clarify statements and facts
presented.
(2)
The chairperson shall then declare the public presentation closed.
(3)
A motion may be made by any member of the committee, other than the presiding
officer.
(4)
Any motion may be approved or denied by a simple majority vote of the members
present. In the event of a tie vote on any motion, the motion shall be considered
denied and shall be so recorded.
(5)
A motion to table an item is not a debatable matter.
(2001 Code, sec. 9.1707)
Secs. 1.04.098–1.04.120
Reserved
Division 5. Animal Services Center Advisory Committee xviii*
Sec. 1.04.121
Composition; powers
Pursuant to Health & Safety Code chapter 823, section 823.005(b), the advisory committee must
be composed of at least one licensed veterinarian, one county or municipal official, one person
whose duties include the daily operation of an animal shelter, and one representative from an
animal welfare organization. The animal services center advisory committee, herein also called
“animal advisory committee,” shall be composed of (4) members. The animal advisory
committee shall exercise such powers as prescribed by Health & Safety Code chapter 823, as
now or hereafter amended, and as further granted by the city council, so long as those granted
powers are not in conflict with chapter 823. (2001 Code, sec. 9.1901)
Sec. 1.04.122
Officers
The officers of the animal advisory committee shall be chairperson, vice-chairperson and
secretary. (2001 Code, sec. 9.1902)
Sec. 1.04.123
Duties
The advisory committee shall serve in an advisory capacity and is established by the city council
to perform the following duties:
(1)
To assist in complying with the requirements of Health & Safety Code chapter 823.
(2001 Code, sec. 9.1903)
Sec. 1.04.124
Rules of order
Robert’s Rules of Order, latest revision, shall be the committee’s final authority on all questions
of procedure and parliamentary laws not covered by these rules and procedures. The rules and
procedures of the advisory committee shall be adopted and approved by the city council. Any
suggested modifications to the adopted rules and procedures shall first be submitted to the city
council for formal approval. An approved copy of these rules and procedures, and any
amendments thereto, shall be filed in the office of the city secretary and be made available for
public inspection during regular business hours. (2001 Code, sec. 9.1904)
Sec. 1.04.125
Meetings
(a) A quorum shall consist of three (3) members and shall be required to conduct official
business and forward recommendations to the city council.
(b) An agenda shall be prepared for each meeting. The agenda and all reference and statistical
material relating to agenda items shall be delivered to each animal advisory committee member
prior to each meeting allowing adequate time for review of and familiarization with the agenda
items.
(c) Pursuant to Health & Safety Code chapter 823, the advisory committee shall meet at least
three times a year. Meetings of the animal advisory committee shall be called and conducted at
various times to fulfill the obligations outlined in chapter 823, Health & Safety Code, as
amended, as well as directives of the city council. The chairperson shall call meetings and
instruct employees of the city police department to prepare an agenda and provide any required
information, reports or statistics. Meetings of the animal advisory committee shall be held in the
city hall unless otherwise directed by the chairperson with the approval of a majority of the
animal advisory committee. The chairperson shall establish a time for each called meeting of the
animal advisory committee.
(d) Notice of all meetings of the animal advisory committee shall be posted, open to the public
and shall be held in accordance with state law and the charter and code of the city.
(e) The advisory committee may convene in work session in order to discuss any matter
concerning the city animal services center as well as any other matter relating to chapter 823,
Health & Safety Code. No official business shall be conducted at such work session, and a
quorum shall not be required.
(2001 Code, sec. 9.1905)
Sec. 1.04.126
Official records
(a) Definition. The official records of the animal advisory committee shall consist of these
rules and procedures, minutes of all meetings, supporting documents such as reports,
calculations, and all other material used to approve matters relating to the animal services center,
prepared written reports to the city council and supporting documentation for all
recommendations.
(b) Minutes. The minutes of the animal advisory committee meetings shall reflect the vote of
each member, or if absent or abstaining shall indicate that fact.
(c) Record retention; public inspection. The official records of the animal advisory committee
shall be kept for a period of not less than ten (10) years and be made available for public
inspection during regular business hours of the city.
(2001 Code, sec. 9.1906)
Sec. 1.04.127
Hearings and decisions
(a) Order of business. The chairperson, or in his/her absence the vice-chairperson, shall preside
at all meetings and shall decide all points of order or procedure. All letters of transmittal and/or
correspondence from the animal advisory committee shall be over the signature of the
chairperson. The chairperson shall call the committee meetings to order and call the roll of the
membership. The members present and/or absent shall be recorded by the committee secretary or
a designated municipal employee representative. The minutes of any previous meeting shall be
submitted for approval. The public shall be advised of the procedures to be followed in the
meeting. A representative of the city police department shall publicly advise the committee
members of any communication received pertaining to any matter pending before the committee.
(b)
Presentation and hearing.
(1)
The chairperson shall call on persons present who wish to speak to the agenda items,
and shall direct that they speak in the following order:
(A) The proponent or their designated representative.
(B) Those persons in support of the agenda item.
(C) Those persons in opposition to the agenda item.
Whenever necessary, the chairperson shall direct that all remarks be germane to the
agenda item. At the chairperson’s discretion, a specified time limit may be imposed
for each speaker wishing to address a particular item. No rebuttal shall be allowed
from either side, unless specifically granted by a majority vote of the committee. The
committee may direct questions to any speaker in order to clarify statements and facts
presented.
(2)
The chairperson shall then declare the public presentation closed.
(3)
A motion may be made by any member of the committee, other than the presiding
officer.
(4)
Any motion may be approved or denied by a simple majority vote of the members
present. In the event of a tie vote on any motion, the motion shall be considered
denied and shall be so recorded.
(5)
A motion to table an item is not a debatable matter.
(2001 Code, sec. 9.1907)
Secs. 1.04.128–1.04.150
Reserved
Division 6. Architectural Review Commission
Sec. 1.04.151
Definitions
Watauga Road District. All of the lots of land adjacent to Watauga Road, extending from State
Highway 377 to Rufe Snow Drive, in the city. (2001 Code, sec. 9.2001)
Sec. 1.04.152
There is hereby created, for the city, a commission which shall be known as the architectural
review commission (hereinafter “the commission”). The commission shall have the powers and
duties as follows:
(1)
To make recommendations to the city council on development and redevelopment
within the Watauga Road District;
(2)
To render advice and guidance, upon request of any property owner or occupant, on
new construction or restoration, alteration or maintenance of any structure within the
Watauga Road District;
(3)
To use the Watauga Road District guidelines as the design parameters for
development and redevelopment within the Watauga Road District.
(2001 Code, sec. 9.2002)
Sec. 1.04.153
Each member of the commission shall be a resident of the city and shall be a qualified registered
voter for the city on the date of appointment to the commission and shall remain a resident and a
qualified voter so long as they serve on the commission. (2001 Code, sec. 9.2003)
Sec. 1.04.154
(a) The commission shall consist of not less than five (5) members and no more than seven (7)
members appointed by the city council.
(b) The city council shall endeavor, to the extent reasonably available, to appoint members
from the following categories, having demonstrated an interest in the Watauga Road District or
skill in design review, with a maximum of two commission members from each of the following
categories:
(1)
Any qualified person with a background in the field of architecture or building
design;
(2)
Any qualified person with a background in landscape architecture or professional or
urban planning;
(3)
Any qualified person who was or is presently serving as a land developer, contractor,
or real estate professional;
(4)
Property owner or non-owner tenant within the Watauga Road District.
Individual members of the commission may meet one or more of the categories above.
(c) Each member appointed to the commission shall serve for a term of two years. Members
may be appointed to consecutive terms. Members serve at the pleasure of the city council and
may be removed at the discretion of the council.
(d) Vacancies shall be filled for unexpired terms. A vacancy in a term of office shall occur
whenever the city council finds that a member has:
(1)
Resigned or has not maintained the qualifications required for appointment;
(2)
Repeatedly failed to attend properly called meetings of the commission without just
cause; or
(3)
Committed malfeasance or misconduct in office.
(2001 Code, sec. 9.2004)
Sec. 1.04.155
(a)
Officers
The officers of the commission shall be a chairperson, a vice-chairperson, and a secretary.
(b) The city council shall appoint a chairperson for the commission. The vice-chair and
secretary of the commission shall be elected by and from members of the commission.
(c)
(1)
In the event of a vacancy or incapacity of the chairperson, the vice-chairperson shall
be the chairperson for the unexpired portion of the term.
(2)
Vacancies that occur in the other offices shall be filled by special election by the
commission members for the unexpired term.
(3)
(d)
Vacancies occurring in any office shall be filled at the next meeting of the
commission.
(1)
Chairperson:
(B) Represent the commission at public functions.
(D) Provide an agenda for each meeting, including an item by any other commission
member, or by the director of the department with whom this commission
than five working days prior to any meeting to provide proper posting notice in
accordance with state open meetings laws.
(E) Schedule meetings of the commission, if other than the pre-established time,
day, or week of the month.
(F)
Report to the mayor and city council.
(G) The chairperson shall be entitled to vote on matters coming before the
commission.
(2)
Vice-chairperson: Assist the chairperson in directing the affairs of the commission
and act in the chairperson’s absence.
(3)
Secretary:
(A) Responsible for the accuracy of the minutes of the commission’s meetings. A
draft copy of the minutes will be provided to the city secretary within three
working days following any meeting.
(2001 Code, sec. 9.2005)
Sec. 1.04.156
Meetings
The commission shall hold regular meetings every month, unless there is no new business
scheduled, and shall, by majority vote, determine the time and place of those scheduled
meetings. Variations from this schedule will be on an as-needed basis to be determined and
scheduled by the chairperson. A majority of members shall constitute a quorum. A positive vote
of a majority of the quorum shall be required to take any official action. The meetings shall be
conducted under the requirements of Robert’s Rules of Order with the chairperson presiding at
each meeting, or the vice-chairperson in the chairperson’s absence. The secretary of the
commission shall record the minutes of the proceedings of the meetings and shall submit the
same to the city manager through the city secretary as previously described for inclusion in the
monthly report from the city manager to the city council. All meetings shall be open to the public
and shall be conducted in accordance with the Texas Open Meetings Act, as now or hereafter
amended. (2001 Code, sec. 9.2006)
Sec. 1.04.157
(a)
All members of the commission shall serve without compensation.
(b) The commission shall obtain authorization from the city council through its liaison prior to
revenues derived from fundraising activities shall be deposited into the city’s general fund and
process or review for all city departments.
(c) No debts of any kind or character shall be made or incurred by the commission or anyone
acting on its behalf without express authority of the city council.
(2001 Code, sec. 9.2007)
Secs. 1.04.158–1.04.180
Reserved
Division 7. Parks Development Corporation
Sec. 1.04.181
New members
Upon completion of the appointment process, new directors shall be encouraged to become
familiar with all aspects, duties and responsibilities of the city parks development corporation
(WPDC). The WPDC secretary is encouraged to furnish to new members the telephone numbers
of other WPDC board members and staff, the governing regulations, and any other pertinent
information concerning the WPDC to the new board member within seven (7) days of the new
director’s appointment. (2001 Code, sec. 9.1001(a))
Sec. 1.04.182
Responsibilities
(a) Establish policies and administer the programs and services within the confines of state law
and under the direction of the city council.
(b) Devise and update as necessary a master plan showing locations for all current and
proposed park and recreation facilities in the city.
(c)
Collect the 1/2 cent sales tax as provided in the May 7, 1994 sales tax election.
(d)
Prepare an annual budget for approval by the city council.
(e) Conduct public hearings and receive citizen input regarding proposed projects within the
jurisdiction of the corporation.
(f) Ensure that the financial affairs of the corporation are conducted in accordance with the
established policies of state law and the city council.
(g) The following items shall be forwarded to the city council for approval prior to any
commitment by the parks development corporation:
(1)
All new projects.
(2)
Changes in size, scope or location of existing or planned projects.
(3)
Request for use of any land or facilities owned by the city or the PDC for temporary
use for organized athletic events, etc.
(4)
Purchase or sale of land or facilities.
(2001 Code, sec. 9.1001(b))
Sec. 1.04.183
Duties of members
The specific duties of a member of the board of directors of the parks development corporation
shall be as follows:
(1)
Attend all board meetings regularly and actively participate in discussion and action
on agenda items.
(2)
Become well informed of all agenda items in advance of the meeting.
(3)
Express points of view based on knowledgeable input.
(4)
Consider other points of view, make constructive suggestions, and help make group
decisions which reflect the thinking of the total group.
(5)
Assume board leadership responsibilities as requested, such as elected officer or
committee chair.
(6)
Keep informed about the corporation’s programs, policies, responsibilities, and
budget status, as well as changes in state law affecting operations of the board.
(7)
Make all decisions and take all actions based on the principles of reasonable
prudence, acting in good faith, with the well-being of citizens always of paramount
importance.
(8)
Avoid any conflict of interest.
(2001 Code, sec. 9.1001(c))
Secs. 1.04.184–1.04.210
Reserved
Division 8. Crime Control District Board of Directors
Sec. 1.04.211
New members
Upon completion of the appointment process, new directors shall be encouraged to become
familiar with all aspects, duties and responsibilities of the board of directors of the Watauga
Crime Control District (WCCD). The WCCD secretary shall furnish the telephone numbers of
other board members and staff, the governing regulations, and any other pertinent information to
the new director within seven (7) days of the new director’s appointment. (2001 Code, sec.
9.1002)
ARTICLE 1.05 EMERGENCY MANAGEMENT xix*
Sec. 1.05.001
National Incident Management System adopted
There is hereby adopted by the city council, for the purpose of complying with Homeland
Security Presidential Directive 5, the National Incident Management System Model to provide a
consistent approach to the effective management of situations involving natural disasters,
man-made disasters or terrorism, of which model not less than one (1) copy has been and now is
filed in the office of the city secretary, and the same is hereby adopted and incorporated as fully
as if set out at length herein, and from the date on which this section shall take effect the
provisions thereof shall be controlling within the limits of the city. (2001 Code, sec. 1.1031)
Secs. 1.05.002–1.05.030
Reserved
Division 2. Emergency Management Program
Sec. 1.05.031
Operational organization
(a) There shall be created the office of emergency management director (hereinafter called the
“director”) of the city, which shall be held by the mayor.
(b) An emergency management coordinator may be appointed by and serve at the pleasure of
the director.
(c) The director shall be responsible for a program of comprehensive emergency management
within the city and for carrying out the duties and responsibilities set forth in this division. He
may delegate authority for execution of these duties to the coordinator, but ultimate
responsibility for such execution shall remain with the director.
(d) The operational emergency management organization of the city shall consist of the
officers and employees of the city so designated by the director in the emergency management
plan, as well as organized volunteer groups. The functions and duties of this organization shall
be distributed among such officers and employees in accordance with the terms of the emergency
management plan.
(2001 Code, sec. 1.1001)
Sec. 1.05.032
Powers and duties of emergency management director
The duties and responsibilities of the emergency management director shall include the
following:
(1)
Conduct an ongoing survey of actual or potential hazards which threaten life and
property within the city, and an ongoing program of identifying and requiring or
recommending the implementation of measures which would tend to prevent the
occurrence or reduce the impact of such hazards if a disaster did occur.
(2)
Supervision of the development of an emergency management plan for the city, and
shall recommend for adoption by the city council all mutual aid arrangements deemed
necessary for the implementation of such plan.
(3)
Authority to declare a state of disaster. Such declaration may not be continued or
renewed for a period in excess of seven (7) days except by or with the consent of the
city council. Any order or proclamation declaring, continuing, or terminating a local
state of disaster shall be given prompt and general publicity and shall be filed
promptly with the city secretary.
(4)
Issuance of necessary proclamations, regulations or directives which are necessary for
carrying out the purposes of this division. Such proclamations, regulations or
directives shall be disseminated promptly by means calculated to bring the contents to
the attention of the general public and, unless circumstances attendant on the disaster
prevent or impede, promptly filed with the city secretary.
(5)
Direction and control of the operations of the city emergency management
organization, as well as the training of emergency management personnel.
(6)
Determination of all questions of authority and responsibility that may arise within
the emergency management organization of the city.
(7)
Maintenance of liaison with other municipal, county, district, state, regional, federal
or other emergency management organizations.
(8)
Marshaling of all necessary personnel, equipment, or supplies from any department of
the city to aid in carrying out of the provisions of the emergency management plan.
(9)
Supervision of the drafting and execution of mutual aid agreements, in cooperation
with the representatives of the state and of other local political subdivisions of the
state, and the drafting and execution, if deemed desirable, of an agreement with the
county in which the city is located and with other municipalities within the county,
for the county-wide coordination of emergency management efforts.
(10) Supervision of, and final authorization for, the procurement of all necessary supplies
and equipment, including acceptance of private contributions which may be offered
for the purpose of improving emergency management within the city.
(11) Authorizing of agreements, subject to approval by the city attorney, for use of private
property for public shelter and other disaster relief purposes.
(12) Survey of the availability of existing personnel, equipment, supplies, and services
which could be used during a disaster.
(13) Other requirements as specified in the Texas Disaster Act of 1975 as set forth in
chapter 418 of the Government Code, as now or hereafter amended.
(2001 Code, sec. 1.1002)
Sec. 1.05.033
Emergency management plan
A comprehensive emergency management plan shall be developed and reviewed on an annual
basis. The plan shall set forth the form of the organization, establish and designate divisions and
functions, assign responsibilities, tasks, duties, and powers, and designate officers and employees
to carry out the provisions of this division. As provided by state law, the plan shall follow the
standards and criteria established by the state division of emergency management. Insofar as
possible, the form of organization, titles, and terminology shall conform to the recommendations
of the state division of emergency management. When approved, it shall be the duty of all
departments and agencies to perform the functions assigned by the plan and to maintain their
portion of the plan in a current state of readiness at all times. The emergency management plan
shall be considered supplementary to this division and have the effect of law during the time of a
disaster. (2001 Code, sec. 1.1003)
Sec. 1.05.034
Interjurisdictional program
The mayor is hereby authorized to join with the county judge and the mayors of other cities in
the county in the formation of an emergency management council for the county and shall have
the authority to cooperate in the preparation of a joint emergency management plan and in the
appointment of a joint emergency management coordinator as well as all powers necessary to
participate in a county-wide program of emergency management insofar as said program may
affect the city. (2001 Code, sec. 1.1004)
Sec. 1.05.035
Liability
The function specified by this division is an exercise by the city of its governmental powers for
the protection of the public peace, health, and safety. Neither the city, the agents and
representatives of the city, nor any individual, receiver, firm, partnership, corporation,
association, or trustee, or any agents thereof, in good faith carrying out, complying with or
attempting to comply with any order, rule, or regulation promulgated pursuant to the provisions
of this division shall be liable for any damage sustained to persons as the result of said activity.
Any person owning or controlling real estate or other premises who voluntarily and without
compensation grants to the city a license or privilege or otherwise permits the city to inspect,
designate, and use the whole or any parts of such real estate or premises for the purpose of
sheltering persons during an actual, impending, or practice attack or natural or man-made
disaster shall, together with his successors in interest, if any, not be civilly liable for the death of,
or injury to, any person on or about such real estate or premises under such license, privilege or
other permission or for loss of, or damage to, the property of such person. (2001 Code, sec.
1.1005)
Sec. 1.05.036
Commitment of funds
No person shall have the right to expend any public funds of the city in carrying out any
emergency management activity authorized by this division without prior approval by the city
council, nor shall any person have any right to bind the city by contract, agreement, or otherwise
without prior approval of the city council unless during a declared disaster. During a declared
disaster, the mayor may expend and/or commit public funds of the city when deemed prudent
and necessary for the protection of health, life, and property. (2001 Code, sec. 1.1006)
Sec. 1.05.037
Offenses; penalty
(a) It shall be unlawful for any person willfully to obstruct, hinder, or delay any member of the
emergency management organization in the enforcement of any rule or regulation issued
pursuant to this division, or to do any act forbidden by any rule or regulation issued pursuant to
the authority contained in this division.
(b) It shall likewise be unlawful for any person to wear, carry or display any emblem, insignia
or any other means of identification as a member of the emergency management organization of
the city, unless authority to do so has been granted to such person by the proper officials.
(c) Any unauthorized person who shall operate a siren or other device so as to simulate a
warning signal, or the termination of a warning, shall be deemed guilty of a violation of this
section and shall be subject to the penalties imposed by this division.
(d)
Convictions for violations of the provisions of this division shall be punishable by a fine in
accordance with the general penalty provision found in section 1.01.009 of this code.
(2001 Code, sec. 1.1007)
ARTICLE 1.06 CITY RECORDS xx*
Secs. 1.06.001–1.06.030
Reserved
Division 2. Records Management Program xxi†
Sec. 1.06.031
Definitions
Department head. The officer who by ordinance, order, or administrative policy is in charge of
an office of the city that creates or receives records.
Essential record. Any record of the city necessary to the resumption or continuation of
operations of the city in an emergency or disaster, to the re-creation of the legal and financial
status of the city, or to the protection and fulfillment of obligations to the people of the state.
Municipal records. All documents, papers, letters, books, maps, photographs, sound or video
recordings, microfilm, magnetic tape, electronic media, or other information-recording media,
regardless of physical form or characteristic and regardless of whether public access to it is open
or restricted under the laws of the state, created or received by the city or any of its officers or
employees pursuant to law or in the transaction of public business are hereby declared to be the
records of the city and shall be created, maintained and disposed of in accordance with the
provisions of this division or procedures authorized by it and in no other manner.
Permanent record. Any record of the city for which the retention period on a records control
schedule is given as permanent.
Records control schedule. A document prepared by or under the authority of the records
management officer listing the records maintained by the city, their retention periods and other
records disposition information that the records management program may require.
Records liaison officers. The persons designated under section 1.06.039 of this division.
Records management. The application of management techniques to the creation, use,
maintenance, retention, preservation, and disposal of records for the purposes of reducing the
costs and improving the efficiency of recordkeeping. The term includes the development of
records control schedules, the management of filing and information retrieval systems, the
protection of essential and permanent records, the economical and space-effective storage of
inactive records, control over the creation and distribution of forms, reports, and correspondence,
and the management of micrographics and electronic and other record storage systems.
Records management committee. The committee established in section 1.06.035 of this division.
Records management officer. The person designated in section 1.06.034 of this division.
Records management plan. The plan developed under section 1.06.036 of this division.
Retention period. The minimum time that must pass after the creation, recording, or receipt of a
record, or the fulfillment of certain actions associated with a record, before it is eligible for
destruction.
(2001 Code, sec. 1.601)
Sec. 1.06.032
City records declared public property
All municipal records as defined in section 1.06.031 of this division are hereby declared to be the
property of the city. No city official or employee has, by virtue of his or her position, any
personal or property right to such records even though he or she may have developed or
compiled them. The unauthorized destruction, removal from files, or use of such records is
prohibited. (2001 Code, sec. 1.602)
Sec. 1.06.033
Policy
It is hereby declared to be the policy of the city to provide for efficient, economical, and
effective controls over the creation, distribution, organization, maintenance, use, and disposition
of all city records through a comprehensive system of integrated procedures for the management
of records from their creation to their ultimate disposition, consistent with the requirements of
the Texas Local Government Records Act and accepted records management practice. (2001
Code, sec. 1.603)
Sec. 1.06.034
Designation of records management officer
The city secretary and the successive holders of said office shall serve as records management
officer for the city. As provided by state law, each successive holder of the office shall file his or
her name with the director and librarian of the state library within thirty (30) days of the initial
designation or of taking up the office, as applicable. (2001 Code, sec. 1.604)
Sec. 1.06.035
Records management committee
A records management committee consisting of all department heads in the city is hereby
established. The committee shall:
(1)
Assist the records management officer in the development of policies and procedures
governing the records management program;
(2)
Review the performance of the program on a regular basis and propose changes and
improvements if needed;
(3)
Review and approve records control schedules submitted by the records management
officer;
(4)
Give final approval to the destruction of records in accordance with approved records
control schedules; and
(5)
Actively support and promote the records management program throughout the city.
(2001 Code, sec. 1.605)
Sec. 1.06.036
of plan
Records management plan to be developed; approval of plan; authority
(a) The records management officer and the records management committee shall develop a
records management plan for the city for submission to the city council. The plan must contain
policies and procedures designed to reduce the costs and improve the efficiency of
recordkeeping, to adequately protect the essential records of the city and to properly preserve
those records of the city that are of historical value. The plan must be designed to enable the
records management officer to carry out his or her duties prescribed by state law and this
division effectively.
(b) Once approved by the city council, the records management plan shall be binding on all
offices, departments, divisions, programs, commissions, bureaus, boards, committees, or similar
entities of the city and records shall be created, maintained, stored, microfilmed or disposed of in
accordance with the plan.
(c) State law relating to the duties, other responsibilities, or recordkeeping requirements of a
department head do not exempt the department head or the records in the department head’s care
from the application of this division and the records management plan adopted under it and may
not be used by the department head as a basis for refusal to participate in the records
management program of the city.
(2001 Code, sec. 1.606)
Sec. 1.06.037
Duties of records management officer
In addition to other duties assigned in this division, the records management officer shall:
(1)
Administer the records management program and provide assistance to department
heads in its implementation;
(2)
Plan, formulate, and prescribe records disposition policies, systems, standards, and
procedures;
(3)
In cooperation with department heads, identify essential records and establish a
disaster plan for each city office and department to ensure maximum availability of
the records in order to re-establish operations quickly and with minimum disruption
and expense;
(4)
Develop procedures to ensure the permanent preservation of the historically valuable
records of the city;
(5)
Establish standards for filing and storage equipment and for recordkeeping supplies;
(6)
Study the feasibility of and, if appropriate, establish a uniform filing system and a
forms design and control system for the city;
(7)
Provide records management advice and assistance to all city departments by
preparation of a manual or manuals of procedure and policy and by on-site
consultation;
(8)
Monitor records retention schedules and administrative rules issued by the state
library and archives commission to determine if the records management program
and the city’s records control schedules are in compliance with state regulations;
(9)
Disseminate to the city and department heads information concerning state laws and
administrative rules relating to local government records;
(10) Instruct records liaison officers and other personnel in policies and procedures of the
records management plan and their duties in the records management program;
(11) Direct records liaison officers or other personnel in the conduct of records inventories
in preparation for the development of records control schedules as required by state
law and this division;
(12) Ensure that the maintenance, preservation, microfilming, destruction, or other
disposition of city records is carried out in accordance with the policies and
procedures of the records management program and the requirements of state law;
(13) Maintain records on the volume of records destroyed under approved records control
schedules, the volume of records microfilmed or stored electronically, and the
estimated cost and space savings as the result of such disposal or disposition;
(14) Report annually to the city on the implementation of the records management plan in
each department of the city, including summaries of the statistical and fiscal data
compiled under subsection (13) above; and
(15) Bring to the attention of the city council noncompliance by department heads or other
city personnel with the policies and procedures of the records management program
or the Local Government Records Act.
(2001 Code, sec. 1.607)
Sec. 1.06.038
Duties and responsibilities of department heads
In addition to other duties assigned by this division, department heads shall:
(1)
Cooperate with the records management officer in carrying out the policies and
procedures established in the city for the efficient and economical management of
records and in carrying out the requirements of this division;
(2)
Adequately document the transaction of government business and the services,
programs, and duties for which the department head and his or her staff are
responsible; and
(3)
Maintain the records in his or her care and carry out their preservation, microfilming,
destruction, or other disposition only in accordance with the policies and procedures
of the records management program of the city and the requirements of this division.
(2001 Code, sec. 1.608)
Sec. 1.06.039
Designation of records liaison officers
Each department head shall designate a member of his or her staff to serve as records liaison
officer for the implementation of the records management program in the department. If the
records liaison officer determines that in the best interests of the records management program
more than one records liaison officer should be designated for a department, the department head
shall designate the number of records liaison officers specified by the records management
officer. Persons designated as records liaison officers shall be thoroughly familiar with all the
records created and maintained by the department and shall have full access to all records of the
city maintained by the department. In the event of the resignation, retirement, dismissal, or
removal by action of the department head of a person designated as a records liaison officer, the
department head shall promptly designate another person to fill the vacancy. A department head
may serve as records liaison officer for his or her department. (2001 Code, sec. 1.609)
Sec. 1.06.040
Duties and responsibilities of records liaison officers
In addition to other duties assigned in this division, records liaison officers shall:
(1)
Conduct or supervise the conduct of inventories of the records of the department in
preparation for the development of records control schedules;
(2)
In cooperation with the records liaison officer, coordinate and implement the policies
and procedures of the records management program in their departments; and
(3)
Disseminate information to department staff concerning the records management
program.
(2001 Code, sec. 1.610)
Sec. 1.06.041
Records control schedules adopted; monitoring; filing with state
(a) In lieu of filing amended and additional records control schedules, the city hereby adopts
the state library and archives commission approved schedules that apply to different departments
of the city.
(b) Each records control schedule shall be monitored and amended as needed by the records
management officer on a regular basis to ensure that it is in compliance with records retention
schedules issued by the state.
(c) Before its adoption, a records control schedule must be submitted to and accepted for filing
by the director and librarian as provided by state law. The records management officer shall
submit the records control schedules to the director and librarian.
(2001 Code, sec. 1.611)
Sec. 1.06.042
under schedule
Implementation of records control schedules; destruction of records
(a) A records control schedule for a department that has been approved and adopted under
section 1.06.036 shall be implemented by department heads and records liaison officers
according to the policies and procedures of the records management plan.
(b) A record whose retention period has expired on a records control schedule shall be
destroyed unless an open records request is pending on the record, the subject of the record is
pertinent to a pending lawsuit, or the department head requests in writing to the records
management committee that the record be retained for an additional period.
(c) Prior to the destruction of a record under an approved records control schedule,
authorization for the destruction must be obtained by the records management officer from the
records management committee.
(2001 Code, sec. 1.612)
Sec. 1.06.043
Destruction of unscheduled records
A record that has not yet been listed on an approved records control schedule may be destroyed
if its destruction has been approved in the same manner as a record destroyed under an approved
schedule and the records management officer has submitted to and received back from the
director and librarian an approved destruction authorization request. (2001 Code, sec. 1.613)
Sec. 1.06.044
Records center
A records center, developed pursuant to the plan required by section 1.06.036, shall be under the
direct control and supervision of the records management officer. Policies and procedures
regulating the operations and use of the records center shall be contained in the records
management plan developed under section 1.06.036. (2001 Code, sec. 1.614)
Sec. 1.06.045
Micrographics
Unless a micrographics program in a department is specifically exempted by order of the city
council, all microfilming of records will be centralized and under the direct supervision of the
records management officer. The records management plan will establish policies and
procedures for the microfilming of city records, including policies to ensure that all microfilming
is done in accordance with standards and procedures for the microfilming of local government
records established in rules of the state library and archives commission. The plan will also
establish criteria for determining the eligibility of records for microfilming and protocols for
ensuring that a microfilming program that is exempted from the centralized operations is,
nevertheless, subject to periodic review by the records management officer as to
cost-effectiveness, administrative efficiency and compliance with commission rules. (2001 Code,
sec. 1.615)
ARTICLE 1.07 ABANDONED OR UNCLAIMED PROPERTY xxii*
Sec. 1.07.001
Sale or disposal authorized
All abandoned, stolen or recovered property of every kind, except motor vehicles, whiskey,
wine, beer, gambling devices or equipment, gambling paraphernalia, criminal instruments or
prohibited weapons, which is not being held as evidence to be used in any pending case and has
not been ordered destroyed or returned to the person entitled to possession of the same by a
magistrate and which shall remain with the police department for a period of thirty (30) days
without being claimed or reclaimed by the owners, whether known or not, may be sold and/or
disposed of in accordance with the specific provisions of chapters 18 and 47 of the Texas Code
of Criminal Procedure. (2001 Code, sec. 1.901)
Sec. 1.07.002
Delivery to purchasing agent
The chief of police shall provide to the purchasing agent of the city a list of all property subject
to sale hereunder and a copy of all appropriate court disposal orders on property the subject of
this article and shall thereafter deliver such property to the purchasing agent before the sale and
take a receipt from such person showing in detail all the property so delivered. The purchasing
agent shall with due diligence seek to notify the last known owner of the property in accordance
with chapters 18 and 47 of the Texas Code of Criminal Procedures. (2001 Code, sec. 1.902)
Sec. 1.07.003
(a)
Notice of sale and public auction
If the owner of property is unknown or if the address of the owner is unknown, then notice
of the time and place of the sale of all property to be auctioned shall be posted by the purchasing
agent in a prominent place at city hall and published in a newspaper of general circulation in the
city at least once on a date not more than thirty (30) or less than twenty-one (21) days prior to
such sale. Such notice shall:
(1)
Describe all of the property to be sold;
(2)
Name the owner, if known;
(3)
Provide the name of the officer holding the property; and
(4)
State that, if the owner does not claim such property within six (6) months, the same
shall be sold at public auction.
(b) Thereafter such property shall be offered for sale at public auction. Any property not sold
or disposed of at public auction shall become the property of the city and disposed of at the
discretion of the purchasing agent.
(2001 Code, sec. 1.903)
Sec. 1.07.004
Time, place and method of sale; disposition of proceeds
The public auction provided for in the preceding sections shall be conducted at the place and
hour designated within the notice. All sales shall be for cash. All funds received shall be placed
in the treasury of the city. (2001 Code, sec. 1.904)
Sec. 1.07.005
contraband
Disposition of prohibited weapons, criminal instruments, drugs and other
Prohibited weapons, criminal instruments and other contraband which have been taken into
custody and have remained unclaimed, abandoned, or unidentified by the rightful owner thereof,
and which are not being held as evidence in any pending case filed of record, shall be disposed
of by the property office in accordance with chapter 18 of the Texas Code of Criminal
Procedure. In cases where destruction is the method of disposal specified, the items or articles
will be destroyed by the property officer in the presence of the chief of police and/or his designee
and a minimum of one (1) witness. The person witnessing such destruction shall sign the
notarized destruct affidavit on the last page of the destruct order that applies to those articles or
items destroyed. A copy of the order, the signed destruction affidavit and other appropriate
documents will be forwarded to the purchasing agent. This section does not apply to the items
which are deemed to be of value for display purposes as having educational, historical, unique or
antique value. Further, this section does not apply to pistols, rifles, shotguns or other weapons
that may be lawfully sold or forfeited in the state. Such pistols, rifles, shotguns and other
weapons shall be converted to departmental use and/or for disposition as other
abandoned/unclaimed property. (2001 Code, sec. 1.905)
Sec. 1.07.006
Disposition of stolen property
Providing that there is no criminal action related to allegedly stolen property pending, the
municipal judge for the city may hold a hearing to determine the right to possession of the
property upon petition by the chief of police. The municipal judge shall order the property
delivered to whoever has the superior right to possession, subject to the condition of the property
[being] made available to the prosecuting authority should it be needed for future prosecution. If
it is shown in a hearing that probable cause exists to believe that the property was acquired by
theft or by other manner that makes its acquisition an offense and the identity of the actual owner
of the property cannot be determined, the municipal judge shall order the police department to:
(1)
Deliver the property to the city for use in official purposes only;
(2)
Deliver the property to the person authorized by article 18.17 of the Code of Criminal
Procedure to receive and dispose of the property; or
(3)
Destroy the property.
(2001 Code, sec. 1.906)
ARTICLE 1.08 IDENTITY THEFT PREVENTION PROGRAM
Sec. 1.08.001
Adoption
The city utility billing department (“utility”) developed this identity theft prevention program
(“program”) pursuant to the Federal Trade Commission’s red flags rule (“rule”), which
implements section 114 of the Fair and Accurate Credit Transactions Act of 2003, 16 C.F.R.
section 681.2. This program was developed by the finance department with oversight and
approval of the city council. After consideration of the size and complexity of the utility’s
operations and account systems, and the nature and scope of the utility’s activities, the city
council determined that this program was appropriate for the city’s utility billing department, and
therefore approved this program on October 27, 2008. (2001 Code, sec. 1.1301)
Sec. 1.08.002
Purpose
To establish an identity theft prevention program designed to detect, prevent and mitigate
identity theft in connection with the opening of a covered account or an existing covered account
and to provide for continued administration of the program in compliance with part 681 of title
16 of the Code of Federal Regulations implementing sections 114 and 315 of the Fair and
Accurate Credit Transactions Act (FACTA) of 2003. (2001 Code, sec. 1.1302)
Sec. 1.08.003
Program requirements
(a) The red flags rule (“rule”) defines “identity theft” as “fraud committed using the
identifying information of another person” and a “red flag” as “a pattern, practice, or specific
activity that indicates the possible existence of identity theft.”
(b) Under the rule, every financial institution and creditor is required to establish an identity
theft prevention program tailored to its size, complexity and the nature of its operation. The
program must contain reasonable policies and procedures to:
(1)
Identify relevant red flags for new and existing covered accounts and incorporate
those red flags into the program;
(2)
Detect red flags that have been incorporated into the program;
(3)
Respond appropriately to any red flags that are detected to prevent and mitigate
identity theft; and
(4)
Ensure the program is updated periodically, to reflect changes in risks to customers or
to the safety and soundness of the creditor from identity theft.
(2001 Code, sec. 1.1303)
Sec. 1.08.004
Definitions
Covered account.
(1)
Any account the utility offers or maintains primarily for personal, family or
household purposes, that involves multiple payments or transactions; and
(2)
Any other account the utility offers or maintains for which there is a reasonably
foreseeable risk to customers or to the safety and soundness of the utility from
identity theft.
Creditors. Includes finance companies, automobile dealers, mortgage brokers, utility companies,
and telecommunications companies. Where nonprofit and government entities defer payment for
goods or services, they, too, are to be considered creditors.
Identifying information. Any name or number that may be used, alone or in conjunction with any
other information, to identify a specific person, including name, address, telephone number,
social security number, date of birth, government-issued driver’s license or identification
number, alien registration number, government passport number, employer or taxpayer
identification number, unique electronic identification number, computer’s internet protocol
address, or routing code.
Program. The identity theft prevention program for the city.
Program administrator. The utility billing administrator is the program administrator for the
program.
Utility. The utility billing department for the city.
(2001 Code, sec. 1.1304)
Sec. 1.08.005
Identification of red flags
In order to identify relevant red flags, the utility considers the types of accounts that it offers and
maintains, the methods it provides to open its accounts, the methods it provides to access its
accounts, and its previous experiences with identity theft. The utility identifies the following red
flags, in each of the listed categories:
(1)
Documents.
(A) Identification document or card that appears to be forged, altered or inauthentic;
(B) Identification document or card on which a person’s photograph or physical
description is not consistent with the person presenting the document;
(C) Other document with information that is not consistent with existing customer
information (such as if a person’s signature on a check appears forged); and
(D) Application for service that appears to have been altered or forged.
(2)
Suspicious personal identifying information.
(A) Identifying information presented that is inconsistent with other information the
customer provides (example: inconsistent birth dates, lack of correlation
between social security number range and date of birth);
(B) Identifying information presented that is inconsistent with other sources of
information (for instance, social security number or an address not matching an
address on a credit report);
(C) Identifying information presented that is the same as information shown on
other applications that were found to be fraudulent;
(D) Identifying information presented that is consistent with fraudulent activity
(such as an invalid phone number or fictitious billing address);
(E) Social security number presented that is the same as one given by another
customer;
(F)
An address or phone number presented that is the same as that of another
person;
(G) A person fails to provide complete personal identifying information on an
application when reminded to do so (however, by law, social security numbers
must not be required) or an applicant cannot provide information requested
beyond what could commonly be found in a purse or wallet; and
(H) A person’s identifying information is not consistent with the information that is
on file for the customer.
(3)
Suspicious account activity or unusual use of account.
(A) Change of address for an account followed by a request to change the account
holder’s name;
(B) Payments stop on an otherwise consistently up-to-date account;
(C) Account used in a way that is not consistent with prior use (example: very high
activity);
(D) Mail sent to the account holder is repeatedly returned as undeliverable;
(E) Notice to the utility that a customer is not receiving mail sent by the utility;
(F)
Notice to the utility that an account has unauthorized activity;
(G) Breach in the utility’s computer system security; and
(H) Unauthorized access to or use of customer account information.
(4)
Alerts from others. Notice to the utility from a customer, identity theft victim, fraud
detection service, law enforcement or other person that it has opened or is
maintaining a fraudulent account for a person engaged in identity theft.
(2001 Code, sec. 1.1305)
Sec. 1.08.006
Detecting red flags
(a) New accounts. In order to detect any of the red flags identified above associated with the
opening of a new account, utility personnel will take the following steps to obtain and verify the
identity of the person opening the account:
(1)
Require certain identifying information such as name, date of birth, residential or
business address, principal place of business for an entity, driver’s license or other
identification;
(2)
Verify the customer’s identity (for instance, review a driver’s license or other
identification card);
(3)
Review documentation showing the existence of a business entity;
(4)
Request additional documentation to establish identity; and
(5)
Independently contact the customer or business.
(b) Existing accounts. In order to detect any of the red flags identified above for an existing
account, utility personnel will take the following steps to monitor transactions with an account:
(1)
Verify the identification of customers if they request information (in person, via
telephone, via facsimile, via e-mail);
(2)
Verify the validity of requests to close accounts or change billing addresses; and
(3)
Verify changes in banking information given for billing and payment purposes.
(2001 Code, sec. 1.1306)
Sec. 1.08.007
Preventing and mitigating identity theft
In the event utility personnel detect any identified red flags, such personnel shall take one or
more of the following steps, depending on the degree of risk posed by the red flag:
(1)
Prevent and mitigate.
(A) Continue to monitor an account for evidence of identity theft;
(B) Contact the customer, sometimes through multiple methods;
(C) Change any passwords or other security devices that permit access to accounts;
(D) Not open a new account;
(E) Close an existing account;
(F)
Do not close the account, but monitor or contact authorities;
(G) Reopen an account with a new number;
(H) Notify the program administrator for determination of the appropriate step(s) to
take;
(2)
(I)
Notify law enforcement; or
(J)
Determine that no response is warranted under the particular circumstances.
Protect customer identifying information. In order to further prevent the likelihood of
identity theft occurring with respect to utility accounts, the utility will take the
following steps with respect to its internal operating procedures to protect customer
identifying information:
(A) Ensure that its website is secure or provide clear notice that the website is not
secure;
(B) Where and when allowed, ensure complete and secure destruction of paper
documents and computer files containing customer information;
(C) Ensure that office computers are password protected and that computer screens
lock after a set period of time;
(D) Change passwords on office computers on a regular basis;
(E) Ensure all computers are backed up properly and any backup information is
secured;
(F)
Keep offices clear of papers containing customer information;
(G) Request only the last 4 digits of social security numbers (if any);
(H) Ensure computer virus protection is up to date; and
(I)
Require and keep only the kinds of customer information that are necessary for
utility purposes.
(2001 Code, sec. 1.1307)
Sec. 1.08.008
Program updates
This program will be periodically reviewed and updated to reflect changes in risks to customers
and the soundness of the utility from identity theft. At least annually, the program administrator
will consider the utility’s experiences with identity theft situations, changes in identity theft
methods, changes in identity theft detection and prevention methods, changes in types of
accounts the utility maintains and changes in the utility’s business arrangements with other
entities, consult with law enforcement authorities, and consult with other city personnel. After
considering these factors, the program administrator will determine whether changes to the
program, including the listing of red flags, are warranted. If warranted, the program
administrator will update the program or present the city council with his or her recommended
changes and the city council will make a determination of whether to accept, modify or reject
those changes to the program. (2001 Code, sec. 1.1308)
Sec. 1.08.009
(a)
Administration
Oversight. Responsibility for developing, implementing and updating this program lies
with an identity theft committee for the utility. The committee is headed by the director of
finance. The program administrator and a member of the utility comprise the remainder of the
committee membership. The program administrator will be responsible for the program
administration, for ensuring appropriate training of utility staff on the program, and for
reviewing any staff reports regarding the detection of red flags and the steps for preventing and
mitigating identity theft, determining which steps of prevention and mitigation should be taken in
particular circumstances and considering periodic changes to the program.
(b)
Staff training and reports.
(1)
Initially, all utility staff shall be trained either by or under the direction of the
program administrator in the detection of red flags, and the responsive steps to be
taken when a red flag is detected. Thereafter, all utility staff shall undergo update
training not less than annually. Additionally, all new utility employees shall undergo
training.
(2)
The program administrator shall submit reports quarterly concerning the utility’s
compliance with the program, the training that has been given and the effectiveness of
the policies and procedures in addressing the risk of identity theft, including
recommendations for changes to the program. While incidents of identity theft are to
be reported immediately to the program administrator, the quarterly reports shall
contain a recap of the incident and include the steps taken to assist with resolution of
the incident.
(c) Service provider arrangements. In the event the utility engages a service provider to
perform an activity in connection with one or more accounts, including but not limited to
franchise utility providers, the utility will take the following steps to ensure the service provider
performs its activity in accordance with reasonable policies and procedures designed to detect,
prevent, and mitigate the risk of identity theft:
(1)
Require, by contract or contract amendment, that service providers have such policies
and procedures in place; and
(2)
Require, by contract or contract amendment, that service providers review the
utility’s program and report any red flags to the program administrator.
(d) Specific program elements and confidentiality. For the effectiveness of identity theft
prevention programs, the red flag rule envisions a degree of confidentiality regarding the utility’s
specific practices relating to identity theft detection, prevention and mitigation. Therefore, under
this program, knowledge of such specific practices is to be limited to the identity theft committee
and those employees who need to know them for purposes of preventing identity theft. Because
this program is to be adopted by a public body and thus publicly available, it would be
counterproductive to list these specific practices here. Therefore, only the program’s general red
flag detection, implementation and prevention practices are listed in this document.
(2001 Code, sec. 1.1309)
ARTICLE 1.09 CLEAN FLEET VEHICLES POLICY
Sec. 1.09.001
Acquisition of vehicles
(a) Vehicle acquisitions for fleet expansion or replacement of model year 2004 or newer shall
be newest model year or engine standard only.
(b) Vehicle acquisitions to replace model year 2003 or older vehicles must show at least a 25%
reduction in nitrogen oxides (NOx) emissions rate compared to the vehicle being replaced.
(Waivers are possible when new technologies or achievements of the required emission
reduction are not possible.)
(c) Aftermarket technologies and conversions are acceptable for fleet expansion and fleet
replacements.
(d) Aftermarket technologies and conversions must be Environmental Protection Agency
(EPA) and/or CARB verified or certified or technology equivalent or better, as determined by the
North Central Texas Council of Governments (NCTCOG) staff.
(e) Conversions must comply with the provisions of EPA Memorandum 1A and addendum
revision (June 25, 1974 and June 1, 1998).
(2001 Code, sec. 6.631)
Sec. 1.09.002
Operation of vehicles
(a) Vehicle idling is allowed only for safety, emergency response, vehicle maintenance,
equipment activity, warm-up/operations in cold temperature, and manufacturer recommended
minimum idle/warm-up times.
(b) Vehicles with the lowest NOx emissions that are capable of performing the required
operational demands shall drive the most miles.
(c) The fleet manager shall abide by latest refueling time/season guidance published by
NCTCOG air quality planning.
(d) Non-emergency vehicles shall drive no more than the posted speed limit and avoid rapid
acceleration.
(e)
All drivers shall be trained on air quality appropriate operational requirements.
(2001 Code, sec. 6.632)
Sec. 1.09.003
Maintenance of vehicles
(a) Perform annual emission and safety inspections for all vehicles, even for vehicles with no
state-mandated inspection requirement.
(b) All vehicles with over 100,000 miles must have emission inspections every 25,000 miles
thereafter.
(c)
Perform manufacturer’s recommended maintenance.
(d) Mandatory participation in any diesel or other state commission on environmental quality
or NCTCOG inspection/maintenance program, including applicable test or pilot programs.
(2001 Code, sec. 6.633)
Sec. 1.09.004
Compliance verification
(a) The public sector entity shall provide NCTCOG with an annual electronic update of fleet
size and activity in a format established by NCTCOG.
(b) The city acknowledges that entities not adopting and complying with the clean fleet vehicle
policy and/or reporting requirements will not be eligible for future clean vehicle funding and
RTC may assess the city compliance when considering other RTC funding actions.
(2001 Code, sec. 6.634)
ARTICLE 1.10 PARKS AND RECREATION xxiii*
Secs. 1.10.001–1.10.030
Reserved
Division 2. Park Regulations
Sec. 1.10.031
Definitions
For the purpose of this division, the following terms, phrases, words, and their derivations shall
have the meaning given herein. When not inconsistent with the context, words used in the
present tense include the future, words in the plural number include the singular number, and
words in the singular number include the plural number. The word “shall” is always mandatory
and not merely directory.
Amplified sound. Any sound projected or transmitted by artificial means, including but not
limited to amplifiers, loudspeakers, or any similar devices.
Department. The city parks and community service department or the office of the city manager.
Director. The director of the parks and community service department.
Park. Any land selected, obtained, or acquired by the city for use as a public park or recreation
or playground area, and any building or facility thereon, owned and maintained by the city as a
public park, or recreation or playground area, whether or not such areas have been formally
dedicated to such purposes.
Parking area. Any designated portion of any park, or any park road or drive, that is set aside for
the parking of vehicles.
Permit. Written permission from the director to carry out a given activity in a park.
Person. Any person, firm, partnership, association, corporation, company, or organization of any
kind.
Recreation center. The Watauga Community Center located at 7901 Indian Springs Road,
Watauga, Texas.
Vehicle. Includes any wheeled device or conveyance propelled by motor or engine. The term
shall include any trailer of any kind, size, or description. Exception is made for vehicles in the
service of the city.
(2001 Code, sec. 1.201)
Sec. 1.10.032
Penalty
Any person or persons violating this division shall be guilty of a misdemeanor and upon
conviction thereof shall be subject to a fine in accordance with the general penalty provision
found in section 1.01.009 of this code. Each and every day such violation shall continue to exist
shall constitute a separate offense. (2001 Code, sec. 1.213)
Sec. 1.10.033
Administration of contracts for park use; coordination of scheduling
The director of recreation for the city shall be authorized to administer all contracts with
organizations or associations contracting with the city for the use of fields, park properties and
park facilities. Further, the director of recreation shall be authorized to coordinate scheduling in
connection with the use of specific parks, fields and facilities at certain times for exclusive use in
competitive game purposes only, practice purposes only, or other uses within the discretion of
the director of recreation. Such scheduling authority and discretion shall be exercised in such a
manner so as to preserve the aesthetics and utility of the facilities while seeking to make all
parks, park properties, fields and facilities available for the use and enjoyment of all citizens in
the city. Any appeal from a determination by the director of recreation concerning the use of a
specific field or facility shall be made to the city manager in writing, who shall respond to the
appealing party within seven (7) business days following receipt of the appeal. (2001 Code, sec.
1.214)
Sec. 1.10.034
Hours open to public; amplified sound
(a) The municipal parks shall be open to the general public only between the hours of 5:00
a.m. to 11:00 p.m. seven (7) days each week.
(b)
Except during the operating hours designated herein, no person shall:
(1)
Congregate, loiter, picnic or otherwise use the facilities or grounds of the park.
(2)
Use radios, stereos, tapes, records, televisions or other electronic equipment with
amplified sound; provided further that no person shall use such electronic equipment
at any time where such amplified sound may be heard at a distance greater than fifty
(50) yards except when acting under the authority of the city manager.
(2001 Code, sec. 1.202)
Sec. 1.10.035
Alcoholic beverages or illegal drugs
No person in a municipal park shall:
(1)
Sell alcoholic beverages;
(2)
Bring into, consume, possess, or distribute any alcoholic beverages or illegal drugs.
(2001 Code, sec. 1.203)
Sec. 1.10.036
Animals
No person in a municipal park shall:
(1)
Permit any dog owned or possessed by a person to run at large or permit any such dog
in a park unless it shall be at all times kept on a leash.
(2)
Allow any animal into the play areas designated for small children.
(3)
Abandon any animal in the park.
(2001 Code, sec. 1.204)
Sec. 1.10.037
Protection of park property
No person shall, in any city park, do or cause to be done any of the following without first
obtaining a permit:
(1)
Buildings and property generally.
(A) Damaging, tampering with or removing structures or equipment. Mark, deface,
disfigure, injure, tamper with or remove any buildings, bridges, tables, benches,
grills, fences, paving or paving materials, water lines or other public utilities or
parts or appurtenances thereof, signs, notices, or placards, whether temporary or
permanent, monuments, stakes, posts, or other boundary markers, or other
structures or equipment, facilities or park property appurtenances whatsoever,
either real or personal.
(B) Removal of natural resources. Dig or remove any sand, whether submerged or
not, or any soil, rock, stone, or trees, shrubs or plants, downed timber or other
wood or materials, or make any excavation by tool, equipment, blasting, or
other means or agency, including building of barbecue pits, except in areas so
designated.
(C) Erection of structures. Construct or erect any building or structure of whatever
kind, whether permanent or temporary in character, or run or string any public
utility into, upon, or across such lands, except by written permission of the city
manager, or the director.
(D) Attaching wires, ropes, etc. Attach any wire, rope, or other contrivance to any
structure or piece of park equipment.
(E) Oil, gas and mineral drilling. Drill or operate any oil, gas or other mineral
extraction well.
(2)
Trees and other vegetation; fences, monuments, etc.
(A) Injuring or removing trees, plants or grass. Damage, cut, carve, transplant, or
remove any tree or plant or injure the bark or pick the flowers or seeds of any
tree or plant. Nor shall any person attach any rope, wire, or other contrivance to
any tree or plant. A person shall not dig or otherwise disturb grass areas to the
detriment of these areas, or in any way injure or impair the natural beauty or
usefulness of any area, provided that normal use of grassed areas will not be
prohibited. Exception is here made as to any regularly authorized party acting
by and under the authority and regulation of the city manager.
(B) Climbing trees; standing or sitting on fences, monuments, etc. Climb any tree or
walk, stand or sit upon any monument, vases, fountains, railings, fences, or gun
carriages or upon any other property or structure not designated or customarily
used for such purposes.
(C) Hitching animals. Tie or hitch a horse or other animal to any tree, plant, or
structure.
(D) Planting trees, flowers or shrubs. Any group or individual desiring to plant trees,
flowers, or shrubs in the park must have approval of the director of the parks
and community service department and written permission of the city manager.
(3)
Wild animals or birds.
(A) Hunting or molesting. Hunt, molest, harm, frighten, tease, shoot, or throw
missiles at any animal, reptile, or bird; nor shall he remove or have in his
possession the young of any wild animal, or the eggs or nest, or young, of any
reptile or bird. Exception to the foregoing is made in that snakes known to be
deadly or poisonous, such as rattlesnakes, or other deadly reptiles, may be killed
on sight.
(B) Feeding injurious substance. Give or offer or attempt to give to any animal or
bird any tobacco, alcohol or other toxic or injurious substances.
(2001 Code, sec. 1.205)
Sec. 1.10.038
(a)
Traffic control
Generally.
(1)
All applicable state and local vehicle and traffic laws and ordinances shall continue in
full force and effect in all parks.
(2)
No person shall operate a vehicle on other than a paved vehicular road designated for
that purpose.
(b) Authority to direct or limit traffic. All law enforcement officers shall have the authority to
limit traffic in a park in accordance with the provisions of this section or any other applicable
laws and ordinances in order to control pedestrian and vehicular movement and park capacity.
Special traffic limitations shall be necessary, from time to time, due to special events.
(c) Speed limit. It shall be unlawful to operate any motor vehicle of any kind or nature
whatsoever or any bicycle or motor bike at a speed in excess of twenty (20) miles per hour
within the municipal parks.
(2001 Code, sec. 1.206)
Sec. 1.10.039
Recreational activities; picnics; fires
No person in a park shall:
(1)
Recreational activities; picnics.
(A) Availability of facilities. Prevent any person from using any park, or any of its
facilities, or interfere with any use already engaged in that is in compliance with
this division and the rules applicable to such use.
(B) Glass containers. No person shall bring glass containers into any park area.
(C) Duties of picnickers. Leave a picnic area before the fire is completely
extinguished and before all trash in the nature of boxes, papers, cans, bottles,
garbage, and other refuse is placed in the disposal receptacle where provided. If
no such trash receptacles are available, then refuse and trash shall be carried
away from the park area by the picnickers to be properly disposed of elsewhere.
(D) Horseback riding. Ride a horse or any other animal except on designated bridle
trails. Where permitted, horses or any other animal shall be thoroughly broken
and properly restrained, and ridden with due care, and shall not be allowed to
graze or go unattended, nor shall they be hitched to any rock, tree, shrub,
structure, fence, or monument.
(E) Dangerous amusements. Engage in activities that involve thrown or otherwise
propelled objects such as golf balls, stones, arrows, javelins, model airplanes or
other objects likely to inflict injury, except in areas set apart for such forms of
recreation.
(2)
Fires.
(A) Start or maintain, in any park, any outdoor fire except for cooking fires, which
shall be started and maintained only in a stove, fireplace, or barbecue pit, or in a
portable camp stove.
(B) No person starting or maintaining any fire in a park shall leave the fire
unattended without first completely extinguishing the fire.
(2001 Code, sec. 1.207)
Sec. 1.10.040
Sanitation
No person in a park shall:
(1)
Pollution of waters. Throw, discharge, or otherwise cause to be placed in the waters
of any fountain, pond, lake, stream, or other body of water in or adjacent to any park,
or any tributary, stream, storm sewer, or drain flowing into such waters, any
substance, material or thing, liquid or solid, which will or may result in the pollution
of said waters.
(2)
Refuse and trash. Have brought in or shall dump, deposit, or leave any bottle, broken
glass, paper, boxes, cans, dirt, rubbish, waste, garbage or refuse, or other trash. No
such refuse or trash shall be placed in any waters in or contiguous to any park, or left
anywhere on the grounds, but shall be placed in the proper receptacles where these
are provided; where receptacles are not so provided, all rubbish or waste shall be
carried away from the park by the person responsible for its presence, and be properly
disposed of elsewhere.
(3)
Animal defecation. It is unlawful for the owner or person in control of an animal to
allow or permit such animal to defecate on the grounds of park property in the city
and not immediately remove and clean up such animal defecation from the park
property.
(2001 Code, sec. 1.208)
Sec. 1.10.041
Hunting and firearms
(a) No person in a park shall carry or possess for the purpose of hunting, trapping, or pursuing
wildlife at any time firearms of any description, or air rifles, spring guns, fire arrows, slings, or
any instrument that can be loaded with or fire blanks or cartridges, or any kind of trapping
device.
(b) Shooting into park areas from beyond park boundaries is prohibited. Exception is here
made as to law enforcement officers while in performance of their duties.
(2001 Code, sec. 1.209)
Sec. 1.10.042
Weapons generally
(a) Shooting into a city park or recreational facility from beyond park boundaries is prohibited.
An exception shall be made for law enforcement or commissioned security officers while in the
lawful performance of their duties.
(b) It shall be unlawful for a person to carry or possess in a city park or playground, for any
purpose, an air rifle, a spring gun, a spring-loaded gun, a bow and arrow, a crossbow, a javelin, a
spear, a sword, fire arrows, slings, a slingshot, or any instrument that can be loaded to fire blanks
or cartridges, or any kind of trapping device.
(c) A person may transport, demonstrate and display a handgun or firearm for purposes of
show or sale on city park or playground premises in connection with an event approved by the
city manager or the city manager’s designee, and subject to such restrictions as the city manager
or his designee may require. However, only a firearms dealer licensed in accordance with law
may have an exhibit for the sale of firearms at an event on city premises.
(d) Any person who violates the provisions of this section shall be subject to a fine in
(2001 Code, sec. 8.902)
Sec. 1.10.043
Merchandising, advertising and signs
No person shall:
(1)
Vending and peddling. Expose or offer for sale any article or thing, nor shall he
station or place any stand, cart or vehicle for the transportation, sale, or display of any
such article or thing. Exception is here made as to any authorized party or regularly
licensed concessionaire acting by and under the authority and regulation of the city
manager.
(2)
Advertising. Announce, advertise, or call the public attention in any way to any
article or service for sale any article or service for sale or hire [sic]. Exception is here
made as to any park benches or regularly licensed concessionaire acting by and under
the authority and regulation of the city manager.
(3)
Signs. Post, glue, tack or otherwise post any sign, placard, advertisement, or
inscription whatever, nor shall any person erect or cause to be erected any sign
whatever on any public lands or highways or roads adjacent to a park. Exception is
here made as to any authorized party or as to any regularly licensed concessionaire
acting by and under the authority and regulation of the city manager.
(2001 Code, sec. 1.210)
Sec. 1.10.044
Tennis and multi-purpose courts
No person on the tennis or multi-purpose courts shall:
(1)
Wear hard-soled shoes;
(2)
Operate wheeled vehicles;
(3)
Be on the courts for any purpose other than their intended use; or
(4)
Use roller skates or skateboards or ride bicycles.
(2001 Code, sec. 1.211)
Sec. 1.10.045
Capp Smith Park Lake
The following provisions shall apply specifically to Capp Smith Park Lake, in addition to the
other provisions of this division:
(1)
Fishing. Fishing shall be permitted during regular park hours unless otherwise posted,
subject to state parks and wildlife department regulations and licensing requirements.
Tube fishing within Capp Smith Park Lake is prohibited. Every effort must be made
to prevent damage or injury to the fish population.
(2)
Swimming. There shall be no swimming or wading permitted at Capp Smith Park
Lake.
(3)
Boating. No boating or sailing shall be permitted in Capp Smith Park Lake, except in
connection with special events and with express written permission of the director of
the parks and community service department or his designee.
(4)
Police department use and services. The city police department shall provide law
enforcement, search, and rescue services to the Capp Smith Park Lake. Additionally,
the Capp Smith Park Lake may be utilized by the city police department for search
and rescue training exercises.
(2001 Code, sec. 1.212)
Sec. 1.10.046
Conduct at recreation center
(a) No person upon the property of the recreation center facility shall engage in any activity or
use of the recreation center facility or equipment which will unreasonably interfere with or
detract from the public health, safety, welfare, use or enjoyment of such recreation center.
(b) Any person violating this section is subject to a permanent prohibition of entry onto the
premises of the recreation facility. The decision to impose such a prohibition lies within the
discretion of the recreation facility director or the city manager.
(2001 Code, sec. 1.215)
Secs. 1.10.047–1.10.080
Reserved
Division 3. Municipal Skate Park
Sec. 1.10.081
Penalty
Any person violating the provisions of this division shall be guilty of a misdemeanor and shall be
punished by a fine in accordance with the general penalty provision found in section 1.01.009 of
this code. (2001 Code, sec. 8.1002)
Sec. 1.10.082
Hours of operation; use regulations
(a) The hours of operation for the skate park will be from 30 minutes after dawn to 30 minutes
prior to dusk. Any person using or attempting to use the skate park during any other time shall be
subject to immediate ejection in addition to any other penalties provided in this division.
(b)
Use of the skate park is limited to:
(1)
BMX bikes between the hours of 10:00 a.m. and 12:00 p.m. and between 6:00 p.m.
and 30 minutes before dusk; and
(2)
(c)
Skateboards, roller skates, and roller blades at all other times.
All persons using the skate park must wear helmets and safety pads at all times.
(d) The use or possession of alcohol or tobacco products inside the skate park is strictly
prohibited.
(e) The placement or use of any personal ramps, rails, or boxes in the skate park is strictly
prohibited.
(2001 Code, sec. 8.1001)
ARTICLE 1.11 LIBRARY xxiv*
Sec. 1.11.001
Failure to return materials; damaging materials
(a) Any person, firm or corporation who willfully detains any book, magazine, newspaper,
pamphlet, manuscript, audiovisual material, video recording, microcomputer software or any
other property belonging to the city public library for a period of thirty (30) days following
written notice being sent to the borrower at the address on file in the city public library to return
the same, such notice being sent after the expiration of the time by which the rules of the city
public library allow such property to be retained, shall be subject to a fine in accordance with the
general penalty provision found in section 1.01.009 of this code.
(b) Any person, firm or corporation who willfully injures or defaces any book, magazine,
newspaper, pamphlet, manuscript, audiovisual material, video recording, microcomputer
software or any other property belonging to the city public library by writing, marking, tearing,
breaking or otherwise mutilating such property loaned by the city public library shall be subject
to a fine in accordance with the general penalty provision found in section 1.01.009 of this code.
(2001 Code, art. 1.400)
ARTICLE 1.12 PRIVATE RECREATIONAL FACILITIES
Sec. 1.12.001
Applicability
Construction or modification of any private recreational facilities and fields for the purposes of
any evening or nighttime sporting events to include but not exclusive to baseball, football, tennis
and other games. (2001 Code, sec. 1.1101)
Sec. 1.12.002
Purpose
The purpose of this article is to regulate the place, time and manner of playing a game, staging an
athletic exhibition or contest, or the manner of managing or operating a ball park, athletic
pavilion or arena, in prevention of nuisance to the areas surrounding such facility and the
community as a whole. (2001 Code, sec. 1.1102)
Sec. 1.12.003
Definitions
As used in this article:
Candela. A measurement quantified in unit(s) of luminous intensity in any given direction. The
term “candela” is also commonly referred to as candlepower(s).
Floodlight. An artificial illumination in a broad beam above fifteen (15) watts with a light source
that extends more than two (2) inches below the horizontal plane of the luminaire.
Footcandle. The amount of illumination provided by one (1) lumen uniformly distributed on one
(1) square foot of surface.
Full cut-off. A light source that does not extend below the horizontal plane of the luminaire.
Light source. The device produces visible energy, such as a light bulb.
Lumen. The quantity of luminous flux intercepted by a surface of one (1) square foot, all points
of which are one (1) foot from a uniform source of one (1) candela. A one-candela source
provides 12.57 lumen.
Luminaire. A complete lighting unit including a light source and all necessary mechanical,
electrical, reflective, and decorative parts.
Nuisance. For purposes of this article only shall be defined as:
(1)
Light which, if measured at the property line adjacent to a residentially zoned
property or adjacent to a property used for residential purposes, is in excess of
four-tenths (0.4) of one (1) footcandle;
(2)
Light which, if measured at the property line adjacent to an arterial street, is in excess
of one and one-half (1.5) footcandles; or
(3)
Light which, if measured at the property line adjacent to a collector or residential
street, is in excess of four-tenths (0.4) of one (1) footcandle.
Partial cut-off. A light source that extends no more than two (2) inches below the horizontal
plane of the luminaire.
Standard. The light pole and the base.
(2001 Code, sec. 1.1103)
Sec. 1.12.004
Penalty
(a) Any person violating any provision of this article shall be deemed guilty of a misdemeanor,
and upon conviction thereof shall be fined in accordance with the general penalty provision
found in section 1.01.009 of this code for each violation, and each and every day any such
violation shall continue shall be deemed to constitute a separate offense.
(b) A footcandle reading, as performed in accordance with section 1.12.041 herein, in excess
of those amounts defined as a nuisance in section 1.12.042 herein shall be prima facie evidence
of a violation of this article.
(2001 Code, sec. 1.1117)
Sec. 1.12.005
Variances
(a) The city council may in its sound discretion authorize and grant a variance to this article
regulating stadium lights and lighting if it determines that the enforcement of the regulations in a
particular instance is not in the best interest of the public, constitutes waste or inefficient use of
land and resources, creates an undue hardship on the applicant, does not serve its intended
purpose, is not effective or necessary, or for any other reason the city council determines, after
consideration of the health, safety, aesthetics and welfare of the public, surrounding property and
the equities of such regulations, that the variance is in the best interest of the community. Except
as provided in subsection (b), no variance may be granted hereunder except after a public hearing
for which notice [is provided] to owners of real property within five hundred feet (500') in every
direction of the tract subject to regulation of stadium lights for which a variance is sought. Such
notice must be provided not less than ten (10) days before the date set for hearing, to all such
owners who have rendered said property for city roll taxes as the ownership appears on the last
approved city tax roll.
(b) A variance shall be permitted without the requirement for a public hearing for the
replacement of luminaires that existed prior to the adoption of Ordinance 919, as codified herein,
which was adopted May 24, 1999.
(2001 Code, sec. 1.1118)
Sec. 1.12.006
Hours for nighttime games
All nighttime games must be concluded so that lights for the facility, other than lights for
parking, must be turned off by 10:00 p.m. Monday through Saturday, except for Sunday evening,
when evening or nighttime lighting is prohibited. (2001 Code, sec. 1.1113)
Sec. 1.12.007
Parking
An area providing off-street parking for the facility is required, three (3) spaces per each player
on any field, calculated for each field. Handicapped parking must be provided pursuant to federal
and state regulations. (2001 Code, sec. 1.1114)
Secs. 1.12.008–1.12.040
Reserved
Division 2. Lighting
Sec. 1.12.041
Measurement of lighting levels
(a) Metering equipment. Lighting levels shall be measured in footcandles with a direct-reading
portable light meter.
(b) Method of measurement. The meter sensor shall be not more than six (6) inches above
ground level in a horizontal position. The reading shall be taken only after the cell has been
exposed long enough to provide a constant reading.
(2001 Code, sec. 1.1104)
Sec. 1.12.042
Prohibited lighting
(a) An unshielded light source, including bare bulbs, above 15 watts is prohibited, except for
temporary holiday lighting.
(b)
The operation of searchlights is prohibited.
(c)
The use of high and low pressure sodium bulbs as a light source is prohibited.
(d) The use of a partial cut-off light source is prohibited, except when used for
building-mounted lighting, as provided in this article.
(2001 Code, sec. 1.1105)
Sec. 1.12.043
Glare
Light sources shall be directed down and shall be of an indirect, diffused, or shielded type
luminaire and so installed as not to produce harsh, bright light or direct illumination across the
property line from a visible source of illumination of such intensity as to create a nuisance. (2001
Code, sec. 1.1106)
Sec. 1.12.044
Height of poles
No light pole, base, or combination thereof shall exceed twenty-five (25) feet in height for the
playing field area and twenty (20) feet in height for parking areas. (2001 Code, sec. 1.1107)
Sec. 1.12.045
Building-mounted lighting
All building-mounted luminaires exceeding fifteen (15) watts shall be directed down with either
a partial cut-off or full cut-off source and shall in no case constitute a nuisance as defined herein.
(2001 Code, sec. 1.1108)
Sec. 1.12.046
Spacing of poles
Minimum spacing of standards shall be no less than two (2) times the height of the standard and
maximum spacing shall be no more than four (4) times the height of the standard. (2001 Code,
sec. 1.1109)
Sec. 1.12.047
Horizontal lamp beam pattern
Distribution shall be asymmetric with flux manager system, narrow or medium, with Hx, V
angles for fifty percent (50%) maximum candela. For NFX and MFX distributions, refer to spill
light criteria following this specification. (2001 Code, sec. 1.1110)
Sec. 1.12.048
Unit
Shall consist of an electro-polished and anodized spun aluminum standard reflector or optional
heavy-duty reflector with shroud (HD) strengthened by a die-cast arm. (2001 Code, sec. 1.1111)
Sec. 1.12.049
Optical chamber
Sealed with weather-tight silicone gasketing to inhibit entrance of contaminants. Hinged lens
frame is galvanized or stainless steel (SLR) and secured by four stainless steel spring clips. The
lens is thermal, shock and impact resistant tempered glass. (2001 Code, sec. 1.1112)
Sec. 1.12.050
Exemptions
Lighting installed by a governmental agency, for public benefit on public rights-of-way, and
parks shall be exempt from the provisions of this article. (2001 Code, sec. 1.1115)
Sec. 1.12.051
Nonconforming lighting
Luminaires installed prior to the adoption of this article shall be redirected or shielded such that
the fixture no longer creates a nuisance, as defined herein. Shielding may be accomplished by
louvers, baffles, visors, or shields placed on the luminaires, or any other method whereby the
light therefrom does not constitute a nuisance, as defined herein. (2001 Code, sec. 1.1116)
ARTICLE 1.13 SPECIAL EVENTS AND PARADES
Sec. 1.13.001
Definitions
In this article, the following words shall have the following meanings:
Amusement ride. A mechanical device that carries passengers along, around, or over a fixed or
restricted course or within a defined area for the purpose of giving the passengers amusement,
pleasure, or excitement and normally requires the supervision or services of an operator.
Applicant. A person who has filed a written application for a special event or parade permit.
Circus. An event that includes performers, animals or other such means of entertainment and is
performed in the open, in a tent, or in any other temporary structure, but does not include
performances held inside a permanent building or on government-owned property.
Day. Calendar day, unless specifically stated otherwise in this article.
Demonstration. A public display of the attitude of assembled persons toward a person, cause,
issue, or other matter.
Director of the department of public works. The director of the department of public works of the
city, or the director’s designated agent in the city department of public works.
Fireworks display. The display, exhibition, or lighting of any firecrackers, cannon crackers,
skyrockets, torpedoes, roman candles, sparklers, or any other substance in whatever combination
by any designated name intended for use in obtaining visible or audible pyrotechnic display,
including without limitation all articles or substances within the commonly accepted meaning of
fireworks, whether or not specifically designated herein.
Parade. The assembly of ten or more pedestrians that will require special traffic controls, or five
or more vehicles that will be operating at reduced speeds or require special traffic controls, for
the common design and purpose of traveling or marching or otherwise traveling in procession
from one location to any other location for the purpose of advertising, promoting, celebrating, or
commemorating a thing, person, date, or event or point of view on political, religious or social
issues.
Permit holder. A person who has received a permit for a special event or parade.
Person. An individual, firm, partnership, corporation, association, or other legal entity.
Sidewalk. That portion of a street intended for the use of pedestrians that is located between the
curblines, or lateral lines of a roadway, and the adjacent property lines.
Special event. A temporary event or gathering that involves one or more of the following
activities:
(1)
Any occurrence that takes place wholly or partially on city property or right-of-way
and [has] the potential to cause an interruption of traffic or parking on city streets in
such a way that it requires the special attention or involvement of city personnel such
as closing a street, directing traffic, or erecting barriers or other safety signs or
devices;
(2)
Use of loudspeakers or sound amplifiers in a place that is not completely enclosed in
a building and is within 150 feet of a single-family, duplex, or multiple-family
dwelling;
(3)
An event held at a church or shopping center parking lot including a revival, seminar,
sale, carnival, or public speaker and involves one hundred (100) persons or more
attending throughout the event;
(4)
A fireworks display;
(5)
A circus; or
(6)
Amusement rides.
A special event does not include a parade.
Street. The entire width between the boundary lines of every way publicly maintained, when any
part is open to the use of the public for purposes of vehicular travel.
(2001 Code, sec. 1.1201)
Sec. 1.13.002
Authority of director of public works
(a) The provisions of this article shall be administered and enforced by the director of the
department of public works.
(b) The director of the department of public works has the authority to issue, deny or revoke a
special event or parade permit pursuant to this article.
(2001 Code, sec. 1.1202)
Sec. 1.13.003
Provisions cumulative
The provisions of this article are cumulative of all city ordinances. Building permits, electrical
permits, food establishment permits, alcoholic beverage licenses, and all other permits required
by ordinance or other law for specific activities to be conducted in conjunction with or as part of
the special event or parade must be applied for separately in accordance with the applicable
ordinance or law. (2001 Code, sec. 1.1203)
Sec. 1.13.004
Exceptions
The provisions of this article shall not apply to:
(1)
Construction activity;
(2)
House moving;
(3)
Events conducted and completely contained within an enclosed structure;
(4)
Events covered by an interlocal contract between the city and another governmental
entity;
(5)
City park activities that are limited to the use of picnic and shelter pavilions or sports
and recreation facilities, that are regulated by the director of parks and recreation, and
that do not affect property outside the park;
(6)
The armed forces of the United States or the state, or law enforcement or fire
protection units acting within the scope of their duty;
(7)
City-sponsored activities;
(8)
Funeral processions proceeding by vehicle in the most reasonable route from a
funeral home, church, or residence of the deceased to the place of service or
interment;
(9)
A sidewalk procession which observes and complies with traffic regulations and
traffic-control devices, using that portion of a sidewalk nearest the street, but at no
time using more than one-half of the sidewalk.
(2001 Code, sec. 1.1204)
Sec. 1.13.005
Conduct and required facilities
(a) Use of streets and other city property. If the special event or parade requires the use of city
streets or other city property, the following conditions shall be applicable:
(1)
No permanent improvements of any kind shall be placed upon said property by the
applicant, and any temporary structures shall be removed upon termination of the
permit, so that the property permitted shall be returned to the city in the same
condition as it existed prior to the granting of the permit by the city.
(2)
The applicant shall maintain and keep the property clean of any unreasonable
accumulation of trash, or any other condition that would be a nuisance to the city.
(3)
The applicant shall not unduly deny or restrict access to any business or owner in the
area.
(4)
The applicant shall only enter and exit the permitted property by ways approved by
the director of the department of public works.
(5)
If specified in the permit, the applicant shall make arrangements to barricade any
permitted areas from the general public and erect any safety equipment, including
lighting, that is reasonable and necessary and required by the director of the
department of public works.
(6)
The applicant and its agents, employees and contractors shall perform all acts in a
safe manner and in compliance with all laws of the city, state and federal government.
(7)
The applicant shall obtain the consent and permission of any property owner before
requesting the closure of any streets, rights-of-way, or other city property, if required
by law, and indemnify the city, its officers and employees from any claim filed by
owners of property affected by the closure of the streets, rights-of-way, or other city
property.
(b) Parking. The city shall have the authority, when reasonably necessary as determined by the
department of public works based on pedestrian and traffic safety, to prohibit or restrict the
parking of vehicles along a street or highway or part thereof adjacent to the site of the special
event or parade. The city shall post signs, at the applicant’s cost, indicating that it shall be
unlawful for any person to park or leave unattended any vehicle in such areas.
(c) Occupancy of trailers or other vehicles as living quarters. Trailers or other vehicles may be
temporarily occupied as living quarters at the site of a special event, provided the trailers have
self-contained sanitation facilities or are connected to approved sanitary disposal systems. Such
vehicles and trailers shall be parked at least 300 feet or more from any developed residential
district and located so as not to impede vehicular or pedestrian traffic.
(d) Amusement rides. Rides and/or other attractions associated with special events shall
conform to statutory rules and regulations set forth in chapter 2151 of the Texas Occupations
Code, as amended, designated the Amusement Ride Safety Inspection and Insurance Act.
(e) Tents and temporary structures. Any use of a tent, canopy, or temporary structure,
including a stage, shall meet the requirements in the fire code, except that a separate permit is not
required when a special event or parade permit has been obtained. Fire lanes for emergency
equipment must be provided and the site prepared in a manner so as not to be a fire hazard as
determined by the director of the department of public works. The tent or temporary structure
must also be properly anchored and supported for purposes of public works.
(f) Food service. Where food service is provided, said operation shall be in compliance with
all provisions of applicable laws and ordinances concerning food service, including without
limitation applicable provisions of the Texas Health and Safety Code, as amended.
(g) Sanitary facilities. The director of the department of public works, with advice from the
county department of health, shall establish the requirements for portable type sanitary facilities
based on the estimated number of people, other available facilities in the area, and the term of the
event.
(h) Animals. The applicant shall make arrangements to remove all waste from animals used in
any special event or parade. Should animals be kept within the city limits at night, they shall be
kept at least 300 feet or more from any developed residential district. Animals in parks are
subject to park rules.
(i) Water usage. Any special event or parade requiring the use of water from the city water
system must coordinate with the utility department to obtain a temporary meter. Deposit for the
meter and payment for water used shall be in accordance with ordinances of the city.
(j) Solid waste dumpsters. The director of administrative services shall establish the
requirements for solid waste dumpsters based on the estimated number of people, type of events,
other facilities in the area and term of the event.
(k) Loudspeakers and amplifiers. The use of loudspeakers and amplifiers for special events or
parades shall be in accordance with article 8.04 of the Code of Ordinances for the city.
(l) Miscellaneous requirements. An applicant shall comply with the following special
requirements:
(1)
Notify any residents whose access to their own property will be limited or restricted
by reason of the special event or parade; and
(2)
Meet with the director of the department of public works, or designated agent, on a
timely basis prior to the special event or parade, at a time and place designated by the
director of the department of public works.
(2001 Code, sec. 1.1213)
Sec. 1.13.006
(a)
Offenses
A person commits an offense if that person:
(1)
Commences or conducts a special event or a parade without a permit;
(2)
Fails to comply with any requirement or provision for a special event or parade
pursuant to this article; or
(3)
Obstructs, impedes or interferes with any parade or special event, or with any person,
vehicle or animal participating in a parade or special event.
(b) If conduct that would otherwise violate this section consists of speech or other
communication, in a gathering with others to hear or observe such speech or communication, or
in a gathering with others to picket or otherwise express in a nonviolent manner a position on
social, economic, political, or religious questions, the person may not be arrested or cited unless
the person has first been ordered to move, disperse, or otherwise remedy the violation.
(2001 Code, sec. 1.1214)
Secs. 1.13.007–1.13.040
Reserved
Division 2. Permit
Sec. 1.13.041
Filing of application
(a) Special events. A person desiring to hold a special event shall apply for a permit by filing
with the director of the department of public works one written application on a form provided
for that purpose. A separate permit is required for each location where a special event will be
conducted. The application must be filed not less than 21 days before the first special event is to
begin.
(1)
The director of the department of public works may waive the 21-day filing
requirement if the director determines that the application can be processed in less
than 21 days, taking into consideration the applicable requirements to be imposed, the
number of agencies and other departments involved, and whether a similar event has
previously been permitted.
(2)
The director of the department of public works shall send to the applicant, by
personal delivery or by certified mail, return receipt requested, written notice of
whether the 21-day filing requirement will be waived. The applicant may appeal the
director of the department of public works’ refusal to waive the 21-day filing
requirement pursuant to the procedure set forth in section 1.13.048.
(b) Parades. A person desiring to hold a parade shall apply for a permit by filing with the
director of the department of public works one written application on a form provided for that
purpose. An application for a parade with 25 or more persons must be filed not less than five
working days prior to the date and time the parade is to begin. An application for a parade with
ten to 24 persons must be filed not less than 48 hours prior to the date and time the parade is to
begin.
(c) Fee. An application for a special event or parade permit must be accompanied by a
nonrefundable application fee of $25.00. The city council shall have authority to waive
application fees for community or nonprofit events.
(2001 Code, sec. 1.1205)
Sec. 1.13.042
Contents of application
An application for a special event or parade permit must be signed by the applicant before an
officer authorized to administer oaths and contain the following information:
(1)
The name, address, and telephone number of the applicant and of any other persons
responsible for the conduct of the special event or parade;
(2)
A description of the special event or parade and requested dates and hours of
operation for the special event or parade;
(3)
The estimated number of persons and vehicles to participate in the special event or
parade;
(4)
A sketch showing the area or specific route to be used during the special event or
parade (including, if applicable, the starting and termination points), along with the
location of proposed structures, stages, tents, fences, barricades, signs, banners,
restroom facilities, and loudspeakers and amplifiers;
(5)
Provisions for parking, with a designation of where “no parking” signs will be used;
(6)
Details of how the applicant proposes to provide security;
(7)
The time and location of street closings, if any are requested;
(8)
A description of and the number of animals to be used in the special event or parade,
if any;
(9)
Details of how the applicant will clean up the area used after the special event or
parade, if on public property;
(10) Proof that the applicant possesses all licenses and permits required by the Code of
Ordinances or state law for the conduct of the special event or parade;
(11) Proof that the applicant possesses liability insurance in a form and in an amount
found to be adequate by the city attorney, taking into consideration the number of
people, the risk involved, and the time of the event, to cover the activities licensed
therein. The applicant shall name the city and its officers and employees as additional
insureds. The applicant shall also provide a certificate of insurance, showing such
required insurance, to the director of administrative services within a reasonable time
prior to the scheduled event. If the applicant is of the opinion that the amount or form
of insurance is not reasonable, the applicant may appeal pursuant to the procedure set
forth in section 1.13.048;
(12) Any other information requested by the director of the department of public works
relevant to the application.
(2001 Code, sec. 1.1206)
Sec. 1.13.043
Departmental notice for special events
Upon receipt of the completed application for a special event permit, the director of the
department of public works shall forward a copy of the application to the departments of fire,
public works, and building inspection, and the county health department. If any part of the event
is to be held on or adjacent to park property, the director of the department of public works shall
also forward a copy of the application to the director of parks and recreation. Each department
shall review the application and return it, with any comments, to the director of the department of
public works within five working days of receipt, or as otherwise required by the director of the
department of public works if the 21-day filing period has been waived pursuant to section
1.13.041(a)(1) or 1.13.048. (2001 Code, sec. 1.1207)
Sec. 1.13.044
Conditions
(a) The director of the department of public works may impose conditions and restrictions
necessary for the safe and orderly conduct of a special event or parade, to be incorporated into
the permit before issuance.
(b) The director of the department of public works and other department heads shall develop a
schedule of actual costs for city personnel, equipment and supplies that are needed in conducting
special events or parades and that the applicants are required to reimburse. Once approved, and
prior to the issuance of a permit, the applicant shall be advised of the required reimbursement to
the city. The applicant shall pay such cost or provide security for payment in an amount deemed
adequate by the director of the department of public works. In the alternative, if the applicant can
provide the required services by other means, approved by the director of the department of
public works, the permit shall be approved on that basis.
(c) The director of the department of public works shall send to the applicant, by personal
delivery or by certified mail, return receipt requested, written notice of the conditions,
restrictions, and costs incorporated into each permit. The applicant may appeal these conditions,
restrictions, and costs pursuant to the procedure set forth in section 1.13.048.
(d) To the extent of any conflict, such conditions, restrictions, and costs incorporated into each
permit shall supersede the provisions set forth herein.
(2001 Code, sec. 1.1208)
Sec. 1.13.045
Issuance
(a) For a special event permit, after reviewing the application and the departmental comments,
the director of the department of public works shall issue the permit unless denial is required by
the provisions of this article. The director of the department of public works shall give written
notice, by personal delivery or certified mail, return receipt requested, of the approval or denial
of the special event permit within a period not to exceed ten days from the date the application
was submitted.
(b) For a parade permit for a parade with ten to 24 persons, after reviewing the application, the
director of the department of public works shall issue the permit unless denial is required by the
provisions of this article. The director of the department of public works shall give written notice
of the approval or denial of this parade permit within a period not to exceed three working days
from the date the application was submitted.
(c) For a parade permit for a parade with 25 or more persons, after reviewing the application,
the director of the department of public works shall issue the permit unless denial is required by
the provisions of this article. The director of the department of public works shall give written
notice of the approval or denial of this parade permit prior to the start of the parade.
(d) Should the application for a parade permit reveal that the parade route requested will
interfere with the orderly flow of vehicular and pedestrian traffic, the director of the department
of public works shall have authority to establish a reasonable alternate route and regulate the
width of the parade.
(2001 Code, sec. 1.1209)
Sec. 1.13.046
Indemnification
An applicant for a special event or parade permit must execute a written agreement to indemnify
the city and its officers and employees against all claims of injury or damage to persons or
property, whether public or private, arising out of the special event or parade, including without
limitation claims of the city for damage to city parks and other city property. (2001 Code, sec.
1.1210)
Sec. 1.13.047
(a)
Denial or revocation
Denial. Grounds for denial of a special event or parade permit are as follows, as applicable:
(1)
A special event or parade permit has been granted for another special event or parade
at the same place and time.
(2)
Another special event or parade has already been permitted at a place and/or time that
will directly conflict with the requested special event or parade, and there are not
sufficient city resources or other comparable resources to reasonably accommodate
both events.
(3)
The proposed special event or parade will unreasonably disrupt the orderly flow of
traffic and no other reasonable means of rerouting traffic or otherwise meeting traffic
needs is available.
(4)
The applicant fails to provide for:
(A) Protection for event participants;
(B) Public health and sanitation;
(C) Crowd security, taking into consideration the size of the event;
(D) Emergency vehicle access;
(E) Traffic and pedestrian safety; or
(F)
Parking.
(5)
The applicant fails to comply with, or the proposed special event or parade will
violate, a city ordinance or other applicable law, unless the prohibited conduct or
activity was specifically permitted pursuant to this article.
(6)
The applicant makes a false statement of material fact on an application for a special
event or parade permit.
(7)
The applicant fails to provide proof that the applicant possesses a license or permit
required by city ordinance or other applicable law for the conduct of all activities
included as a part of the special event or parade.
(8)
The applicant has had a special event or parade permit revoked within the preceding
12 months.
(9)
The applicant has committed, within the preceding 12 months, a violation of a special
event or parade permit or this article.
(10) The applicant fails to pay any outstanding costs or damages owed to the city for a past
special event or parade.
(11) The applicant has failed to comply with insurance requirements contained in section
1.13.042(11).
(b)
Revocation. Grounds for revocation of a special event or parade permit are as follows:
(1)
The applicant fails to comply with, or the special event or parade is in violation of, a
condition or provision of the permit, an ordinance of the city, or any other applicable
law, unless the prohibited conduct or activity was specifically permitted pursuant to
this article.
(2)
The permit holder made a false statement of material fact on an application for a
special event or parade permit.
(3)
The special event or parade fails to begin within 30 minutes of the appointed time of
commencement, and it would not be reasonable to start the special event or parade
late, taking into consideration conditions such as traffic impact, nighttime parking,
city personnel necessary, or other such circumstances.
(c) Appeals. The applicant or permit holder may appeal the decision of the director of the
department of public works to deny or revoke a special event or parade permit pursuant to the
procedure set forth in section 1.13.048.
(2001 Code, sec. 1.1211)
Sec. 1.13.048
(a)
Appeals
The appeal procedure in subsection (b) below shall be applicable for an appeal from:
(1)
The director of the department of public works’ refusal to waive the 21-day filing
requirement for a special event permit pursuant to section 1.13.041(a)(2);
(2)
The form and amount of liability insurance required by the director of administrative
services pursuant to section 1.13.042(11);
(3)
The conditions, restrictions, and costs imposed on a permit for a special event or
parade pursuant to section 1.13.044(c); or
(4)
The denial or revocation of a permit for a special event or parade pursuant to section
1.13.047.
(b) The action of the applicable city staff member shall be final unless the applicant or permit
holder, within five days after the receipt of written or oral notice (as required pursuant to this
article), files with the city manager a written appeal. The city manager shall, within 24 hours
after the appeal is filed, consider all the evidence in support of or against the action appealed and
render a decision either sustaining or reversing the decision of the city staff member. The
decision of the city manager shall be final unless the applicant or permit holder, within three
days after the receipt of the city manager’s decision, files with the city council a written appeal.
The decision of the city council is final.
(c) When, in the judgment of the director of the department of public works, a violation exists
that requires immediate abatement because of danger to property, sanitation, or the health or
safety of citizens, the chief shall have authority to revoke a permit immediately.
(2001 Code, sec. 1.1212)
CHAPTER 2
ANIMAL CONTROL
ARTICLE 2.01 GENERAL PROVISIONS xxv*
Sec. 2.01.001
Definitions
When used in this chapter, the following words and terms, unless the context indicates a different
meaning, shall be interpreted as follows:
Chief of police. The head of the police department for the city or anyone designated to serve in
this capacity on an interim, acting or temporary basis.
Domestic animal. All species of animals commonly and universally accepted as being
domesticated.
Estray. Any stray horse, stallion, mare, gelding, filly, colt, mule, jinny, jack, jennet, hog, sheep,
goat, or any species of cattle.
Harboring. The act of keeping and caring for an animal or of providing premises to which the
animal returns for food, shelter, or care for a period of ten (10) days.
Miniature pigs. Vietnamese (also called potbellied), Juliani (also called painted miniature),
African Pygmy (also called Guinea hog), and Ossbaw Island pigs not exceeding fifty (50)
pounds in weight or eighteen inches (18") in height.
Owner. Any person who has right or property in an animal or allows an animal to remain about
his premises for a period of ten (10) days.
Pet animals. Includes dogs, cats, miniature pigs, rabbits, rodents, birds, reptiles, and any other
species of animal which is sold or retained as household pets, but shall not include skunks,
nonhuman primates, and any other species of wild, exotic, or carnivorous animal that may be
further restricted in this chapter.
Quarantine by owner.
(1)
The animal must be inside an enclosed structure, i.e., a house or garage, and must
remain there for ten (10) days.
(2)
If maintained outside, the animal must be behind a fence from which it cannot escape
and on a chain from which it cannot break loose or inside a covered pen or kennel
from which it cannot escape.
(3)
The animal must be kept away from other animals and people excepting those in the
immediate household.
(4)
The animal may not be removed from the corporate city limits while under
quarantine.
Rabies vaccination. The vaccination of a dog, cat, or other domestic animal with an anti-rabies
vaccine approved by the department of state health services and administered by a veterinarian
licensed by the state.
Running at large.
(1)
Off-premises: Any dog, cat, or other animal which is not restrained by means of a
leash or chain of sufficient strength and length to permit the animal’s action to be
controlled while off-premises.
(2)
On-premises: Any dog, cat, or other animal not confined on the premises of its owner
by a substantial fence or other enclosure of sufficient strength and height to prevent
the animal from escaping therefrom. However, an animal shall not be considered to
be “at large” if it is secured on a premises by a leash or chain of sufficient strength to
prevent the animal from escaping from the premises when the chain or leash is
extended to its maximum length. However, every chained or leashed animal shall be
provided access to water and food at all times.
(3)
Any dog, cat or other animal located in the bed or open area of a vehicle, truck or
trailer such that the dog, cat, or animal could escape from the bed or open area shall
be deemed to be “at large.”
(4)
A dog intruding upon the property of another person other than the owner shall be
termed “at large.” Any animal within an automobile or other vehicle of its owner or
owner’s agent shall not be deemed “at large.”
Stray animal (including estrays). Any animal, for which there is no identifiable owner or
harborer, which is found to be at large within the corporate limits of the city.
Vicious animal. Any animal that bites or otherwise attacks any human being or other animal
without provocation or constitutes a physical threat by reason of its continuous aggressive
behavior towards human beings or other animals.
Wild animal. All species of animals which exist in a natural unconfined state and are usually not
domesticated.
(2001 Code, art. 2.100)
Sec. 2.01.002
Tampering with traps or equipment of animal control officer
No person shall remove, alter, damage, or otherwise tamper with a trap or equipment set out by
the animal control officer. (2001 Code, art. 2.900)
Sec. 2.01.003
Authority to impound or destroy animals
The city animal control officer, or any police officer, is authorized to:
(1)
Impound an animal which is diseased or endangers the health of a person or another
animal.
(2)
Destroy an impounded animal at the city shelter if the animal control officer
determines that recovery of the animal from injury, disease, or sickness is in serious
doubt.
(3)
Destroy any animal suspected of having rabies, or any animal manifesting a
disposition to bite, when such animals are found at large, after having made a
reasonable but unsuccessful effort to capture the animal.
(2001 Code, art. 2.1200)
Sec. 2.01.004
Health hazards
Any person who shall harbor or keep on his premises, or in or about premises under his control,
any dog or cat or pet animal, and who shall allow his premises to become a hazard to the general
health and welfare of the community, or who shall allow his premises to give off noxious or
offensive odors due to the activity or presence of such animals, shall be guilty of a misdemeanor.
(2001 Code, sec. 2.608)
Sec. 2.01.005
Cleanliness of enclosures; odors
Any person owning or harboring any animal shall keep the area where the animals are confined
or permitted to run clean and clear of unreasonable odor. (2001 Code, art. 2.1000)
Sec. 2.01.006
Keeping swine prohibited; keeping miniature pigs
(a) Keeping swine prohibited. It shall be unlawful to maintain and keep any hog, sow or pig in
the city.
(b) Exception for miniature pigs. It is an affirmative defense to subsection (a) above that the
animal is a miniature pig which meets with the requirements set forth in subsection (d) below.
(c) Definition of miniature pigs. Miniature pigs shall mean Vietnamese (also called potbellied),
Juliani (also called painted miniature), African Pygmy (also called Guinea hog), and Ossbaw
Island pigs not exceeding 50 pounds in weight or eighteen inches (18") in height.
(d)
Requirements for keeping miniature pigs.
(1)
It shall be unlawful for any person to keep, harbor or raise more than two (2) adult
miniature pigs in any one (1) household within the city.
(2)
All miniature pigs shall be kept indoors at all times other than times for evacuation of
waste material or during exercise periods. Miniature pigs shall be subject to the estray
provisions contained in section 2.11.031 of this chapter.
(3)
All potbellied pigs shall receive annual vaccinations for erysipelas. It shall be the
responsibility of the owner or harborer of the miniature pig to forward to the animal
control officer for the city an erysipelas vaccination certificate from a licensed
veterinarian, which shall include the following information:
(A) Name and address of the owner;
(B) Name and address of the licensed veterinarian issuing the certificate;
(C) Description and name of the pet;
(D) Date of vaccination;
(E) Tag number; and
(F)
Other appropriate information.
(4)
Should the miniature pig die, be moved or acquire a new owner or harborer, it shall
be the registered owner’s duty to inform the animal control officer.
(5)
(A) No person shall keep a miniature pig at any location within the city unless such
person has filed with the animal control officer for the city an application to
keep a miniature pig and such application has been approved by the animal
control officer.
(B) It shall be an affirmative defense to filing an application that the miniature pig is
not yet weaned (less than ten (10) weeks old).
(e) Any person who violates any provision of this section shall be guilty of a misdemeanor,
and upon conviction thereof shall be punished by a fine in accordance with the general penalty
provision found in section 1.01.009 of this code. Each day of violation shall constitute a separate
offense.
(2001 Code, art. 2.1300)
State law reference–Authority of municipality to prohibit or otherwise regulate the keeping of livestock and swine,
V.T.C.A., Local Government Code, sec. 215.026(b).
Sec. 2.01.007
(a)
Sale or display of animals prohibited in certain places
Definitions. In this section, the following words shall have the following meanings:
Animal. Any living vertebrate creature or invertebrate creature, including but not limited to dogs,
cats, cows, horses, birds, fish, mammals, reptiles, insects, fowl and livestock.
Humane organization. A nonprofit corporation that maintains a permanent shelter facility within
the state for the care and custody of sick, injured, lost, abandoned, unwanted or strayed animals
and provides veterinary services for the care of the animals kept in its shelter facility under the
supervision of a veterinarian who is employed or retained by the corporation.
(b)
Restrictions; exceptions.
(1)
It shall be unlawful for any person to sell, trade, barter, lease, rent, give away, or
display for a commercial purpose a live animal on a roadside, public right-of-way, or
commercial parking lot, or at an outdoor special sale, swap meet, flea market, parking
lot sale, or similar event.
(2)
This section does not apply to:
(A) An agent of a business that has a certificate of occupancy from the building
inspection division authorizing the occupancy of the premises for purposes of
operating a business selling pets;
(B) An event primarily for the sale of agricultural livestock such as hoofed animals
or animals or fowl commonly raised for food, dairy, or fiber products;
(C) A tax-exempt nonprofit humane organization; or
(D) The sale or purchase of animals from a person’s private residence, provided that
such person does not regularly engage in the sale or purchase of animals at their
private residence.
(2001 Code, art. 2.1600)
Sec. 2.01.008
Keeping wild animals
No person, except in a medical research project under institutional supervision, circus,
amusement park or zoo, may own or harbor any of the following types of wild animals in the
city:
(1)
Bear;
(2)
Venomous snake;
(3)
Tiger;
(4)
Ape;
(5)
Alligator;
(6)
Fox;
(7)
Raccoon;
(8)
Ringtail;
(9)
Bobcat;
(10) Coyote;
(11) Marten;
(12) Fowl to include chickens, hawks, pigeons, turkeys and ducks;
(13) Lion; or
(14) Any other wild animal capable of or inclined to do serious bodily harm to humans or
other animals or fowl.
(2001 Code, sec. 2.609)
State law reference–Dangerous wild animals, V.T.C.A., Health and Safety Code, sec. 822.101 et seq.
ARTICLE 2.02 DOGS AND CATS
Sec. 2.02.001
Violation notice
(a) Issuance; contents. When violations of the licensing, rabies vaccination, or “animal at
large” requirements of this chapter are observed by any animal control officer or police officer,
the officer may issue a violation notice in lieu of a citation. The violation notice will stipulate a
compliance date and an associated fee and late fee, as well as a waiver provision providing that
the person to whom the violation notice is issued waives all rights to contest such violation and
waives all rights to a hearing on the issues relating to that violation. Failure to pay associated
fees and/or late fees by the compliance date shall constitute a violation of this chapter.
(b)
Fees. Provided for in the fee schedule found in appendix A of this code.
(2001 Code, sec. 2.208)
Sec. 2.02.002
Running at large
It shall be unlawful for any person owning or harboring an animal to permit such animal to run at
large. (2001 Code, sec. 2.205)
State law reference–Restraint, impoundment and disposition of dogs and cats, V.T.C.A., Health and Safety Code,
sec. 826.033.
Sec. 2.02.003
Confinement of unspayed females during estrus
Any unspayed female dog or cat in the state of estrus (heat) shall be confined during such period
of time in a house, building or secure enclosure and said area of enclosure shall be so constructed
that no other dog or cat may gain access to the confined animal. Owners who do not comply
shall be ordered to remove the animal in heat to a boarding kennel, veterinary hospital or animal
shelter. All expenses incurred as a result of this confinement shall be paid by the owner. Failure
to comply with the removal order of the animal control officer shall be a violation of this section
as prescribed in this article. (2001 Code, sec. 2.206)
Sec. 2.02.004
Multiple pet ownership permit
(a) Limit on number of dogs and cats. No person shall keep or harbor more than three (3) dogs
and two (2) cats, or three (3) cats and two (2) dogs. Puppies and kittens under four (4) months of
age shall not be counted for purposes of this article.
(b) Permit required. Any person, firm, or corporation wishing to keep more than three (3) dogs
and two (2) cats or three (3) cats and two (2) dogs and who does not possess a kennel permit may
procure a multiple pet ownership permit from the city. The permit, once issued, shall be a
defense to the terms of this article.
(c) Issuance; duration; fee. Such permit shall be issued through the office of permits for a fee
as provided for in the fee schedule found in appendix A of this code, and shall be valid for one
(1) year from date of issuance.
(d)
if:
Revocation. Such permit contemplated by this article may be revoked by the chief of police
(1)
The facilities, upon inspection, show that they are inadequate for the number of
animals sought to be kept:
(A) Facilities shall be of sufficient size as to allow the animal to move about freely.
This shall apply to each animal kept. Size of the facility shall be in proportion to
the size of each individual animal’s height and weight;
(B) Adequate food and water must be provided so that each animal kept shall be
maintained in good health and free of malnutrition and/or dehydration;
(C) The premises shall be maintained in a sanitary condition and reasonably free
from animal waste, parasites, insects and flies that could be harmful to the
animal’s health and/or to the health of the general public;
(D) The premises must provide adequate protection from the common elements, i.e.,
rain, heat, and cold;
(2)
The animals kept are causing a stench or odor which is offensive to a person of
ordinary sensibilities;
(3)
The animals are maintained in a manner which is dangerous to the health of the
animals themselves or adjacent animals; or
(4)
The animals are causing noise which is offensive or disturbing to a person of ordinary
sensibilities on adjoining, adjacent, or neighboring premises.
(e) Consultation prior to revocation. Prior to revoking this permit, the chief of police, or his
assigned agent, shall consult with a doctor of veterinary medicine and/or a representative from
the department of state health services.
(2001 Code, sec. 2.304)
Secs. 2.02.005–2.02.030
Reserved
Division 2. Impoundment xxvi*
Sec. 2.02.031
Authorized
Animals owned or harbored in violation of this chapter or any other ordinance or law of the state
may be taken into custody by an animal control officer or other designated official and
impounded. A suitable animal shelter shall be provided by the impounding agency for the
purpose of boarding and caring for any animal impounded under the provisions of this chapter.
(2001 Code, sec. 2.201)
Sec. 2.02.032
Redemption of animal by owner; disposition of unredeemed animals
If the owner of an impounded animal can be determined, oral notification of the impoundment
followed by written notification sent to the owner’s last known address by regular mail shall be
provided to said owner immediately. The owner of the impounded animal may redeem and
recover the animal upon payment of the impoundment fee, reasonable care and feeding charges,
veterinary fees, rabies vaccination fees, and such other costs as determined by the animal control
officer in the city police department. If such animal is not redeemed and recovered within four
(4) days after initial notification (written or oral) to the owner, the animal shall be deemed
abandoned and may be placed for adoption, subject to the adoption policies of the city, or the
animal control officer may humanely euthanize said animal by injection or other means. If the
animal is not redeemed and recovered by the original owner, the original owner shall be
responsible for all charges (including euthanization) even though the animal may have been
adopted or euthanized. (2001 Code, sec. 2.202)
Sec. 2.02.033
Disposition of animal being held on complaint
If a complaint has been filed in municipal court for the city against the owner of an impounded
animal for a violation of this chapter, the animal shall not be released except on the order of the
court, which may also direct the owner to pay any penalties for violation of this chapter in
addition to all impoundment fees. Surrender of an animal by the owner thereof to the animal
control officer does not relieve or render the owner immune from the decision of the court, nor
from the fees and fines which may result from a violation of this chapter. (2001 Code, sec.
2.203)
Sec. 2.02.034
Unauthorized removal from confinement
It shall be unlawful for any person to remove from any place of confinement any dog or cat
which has been confined as authorized, without the consent of the impounding agency. (2001
Code, sec. 2.204)
Sec. 2.02.035
(a)
Fees
Fees are provided for in the fee schedule found in appendix A of this code.
(b) A dog or cat bearing a current license tag and impounded for the first time is eligible for a
fifty percent (50%) reduction in the impoundment fee.
(c) When an unaltered animal has been impounded, a fifteen dollar ($15.00) refund will be
provided to the owner in the event written evidence that the animal has been altered is presented
to the city within thirty (30) days of the initial impoundment.
(2001 Code, sec. 2.207)
ARTICLE 2.03 KENNELS
Sec. 2.03.001
Permit required; distance of kennels from residences
A kennel is defined as any premises designed or used for the boarding, selling or breeding of
animals where more than three (3) dogs and two (2) cats or three (3) cats and two (2) dogs are to
be boarded, sold, or bred. A kennel shall not be allowed until a kennel permit is issued by the
city. The chief of police shall determine, after inspection, whether or not such permit shall be
issued. No permit shall be issued for a kennel to operate within one thousand feet (1,000') of any
residence. Grooming parlors where no animals are to be kept overnight and veterinarian clinics
shall not be considered kennels, nor subject to this article. (2001 Code, sec. 2.301)
Sec. 2.03.002
Duration of permit; fee
Such permits shall be valid from the date of issuance until the 31st day of December of the year
for which such permit was issued. The permit fee shall be an amount as set forth in the fee
schedule in appendix A of this code. (2001 Code, sec. 2.302)
Sec. 2.03.003
Suspension or revocation of permit
Any kennel permitted under this article found to be in violation of any zoning law, health law, or
any other applicable law of the city or of the state, or that is maintained in such manner as to be
detrimental to the health, safety, or peace of mind of persons residing in the immediate vicinity,
may have its kennel permit suspended or revoked without prior notice by the chief of police.
(2001 Code, sec. 2.303)
ARTICLE 2.04 RABIES VACCINATION xxvii*
Sec. 2.04.001
Required
Every owner of a dog or cat four (4) months of age or older shall have such animal vaccinated
against rabies by a licensed veterinarian. The animal must receive a booster vaccination within
the 12-month interval following the initial vaccination. The owner shall then have the option of
continuing the yearly vaccination or having the animal vaccinated every three years. Any person
establishing residence within the city shall comply with this requirement within ten (10) days of
establishing such residence. If an unvaccinated dog or cat inflicts a bite or scratch or otherwise
attacks any person within the city limits, a rabies vaccine shall not be administered to the dog or
cat until after a ten (10) day observation period beginning with the date of the bite, scratch, or
attack. (2001 Code, sec. 2.501)
Sec. 2.04.002
Certificate
Upon vaccination, the veterinarian shall execute and furnish to the owner of the dog or cat, as
evidence thereof, a certificate of vaccination. The veterinarian shall retain a duplicate copy of the
certificate and one (1) copy shall be filed with the owner. Such certificate shall contain the
following information:
(1)
The name, address, and telephone number of the owner of the vaccinated animal;
(2)
Identifying information of the animal, including species, sex (including neutered if
applicable), approximate age (three (3) months to twelve (12) months, twelve (12)
months or older), size (pounds), predominant breed, and colors;
(3)
The vaccine used, producer, expiration date, and serial number;
(4)
The date of vaccination;
(5)
The date in which the vaccination expires (revaccination due date);
(6)
The rabies tag number if a tag is issued; and
(7)
The veterinarian’s signature or signature stamp and license number.
(2001 Code, sec. 2.502)
Sec. 2.04.003
Tag
Concurrent with the issuance and delivery of the certificate of vaccination, the owner of the dog
or cat shall cause to be attached to the collar or harness of the vaccinated animal a metal tag,
serially numbered to correspond with the vaccination certificate number and bearing the year of
issuance. (2001 Code, sec. 2.503)
ARTICLE 2.05 LICENSES xxviii*
Sec. 2.05.001
Generally
All dogs and cats four (4) months of age or older which are kept, harbored, or maintained within
the corporate limits of the city shall be licensed. Cat and dog licenses shall be issued by the
animal control officer or his agents upon payment of the required fee for each cat or dog. The
license fee for cats and dogs shall be as set forth in the fee schedule found in appendix A of this
code. Before a city license will be issued, the owner of the cat or dog must present a certificate
from a licensed veterinarian showing that said cat or dog has been vaccinated in accordance with
the requirements of section 2.04.001 of this code, as now or hereafter amended. If the
veterinarian is unable to verify the same, or if such prior vaccination is now undocumented, the
owner shall sign an affidavit stating the veterinarian or clinic, the address, the date and the owner
of the animal at the time the vaccination occurred. The owner shall state his name and address
and the breed, color, and sex of the cat or dog to be licensed. Said license shall be valid for one
year from the date of issuance. (2001 Code, sec. 2.601)
Sec. 2.05.002
Certificate and tag
Upon payment of the license fee, the city shall issue to the owner a license certificate and a metal
tag having stamped thereon the year for which it is issued and the number corresponding with the
number of the certificate. Such tag shall be securely attached to a collar or harness around the
neck of the animal at all times the dog or cat is not on the premises of the owner. In the event
that a tag is lost, a duplicate will be issued by the animal control officer or his agent upon
presentation of the receipt showing the payment of the license fee for the calendar year. Tags
shall not be transferable from one animal to another and no refunds shall be made. The owner of
a dog or cat may, at their option, unless the dog is designated a dangerous dog, have a microchip
implanted in accordance with the fee listed in the fee schedule in appendix A of this code for
such procedure. (2001 Code, sec. 2.602)
Sec. 2.05.003
Revocation
(a) The chief of police or his designee may revoke any cat or dog registration after a hearing
for any one or more of the following reasons:
(1)
Impoundment of a cat or dog by the city more than three (3) times during a
twelve-month period.
(2)
More than three (3) final convictions of a person for violating this chapter when such
convictions relate to the cat or dog which is being considered for revocation of its
registration certificate.
(3)
Any combination of subsections (1) and (2) totaling three (3) incidents.
(4)
Upon a determination that the cat or dog is a vicious cat or dog, as defined by this
chapter.
(b) Upon revoking the registration of any cat or dog, the chief of police shall notify the owner
of the cat or dog of said action in writing. Written notification shall be deemed made when a
certified letter, return receipt requested, addressed to the last known mailing address of the cat’s
or dog’s owner, is deposited in the U.S. mail.
(c) Upon the expiration of ten (10) days after written notification of revocation is deposited in
the U.S. mail, as provided above, no cat or dog which has had its registration revoked shall be
kept, maintained, or harbored within the city limits.
(2001 Code, sec. 2.603)
Sec. 2.05.004
Fees
Fees are provided for in the fee schedule found in appendix A of this code. (2001 Code, sec.
2.604)
ARTICLE 2.06 RABIES REPORTS AND QUARANTINE xxix*
Sec. 2.06.001
Reports of animal bites
Every physician or other medical practitioner who treats a person or persons for any animal bite
shall within twelve (12) hours report such treatment to the city police department or animal
control officer, giving the name, age, sex, and precise location of the bitten person or persons and
such other information as the officer or agency may require. (2001 Code, sec. 2.605)
Sec. 2.06.002
Reports of suspected rabies
Any veterinarian who clinically diagnoses rabies or any person who suspects rabies in a dog, cat,
or other domestic or wild animal shall immediately report the incident to the city police
department or animal control officer, stating precisely where such animal may be found. If a
known or suspected rabid animal bites or scratches a domestic animal, such incident shall also be
reported as required above. (2001 Code, sec. 2.606)
Sec. 2.06.003
Quarantine of dogs and cats; disposition of wild animals
Any dog or cat which has bitten or scratched a person shall be observed for a period of ten (10)
days from the date of the bite or scratch. The procedure and place of observation shall be
designated by the investigating officer or responsible agency, in compliance with state law. If the
dog or cat is not quarantined on the owner’s premises, quarantining shall be by impoundment in
the city animal shelter, or designated shelter, or at any licensed veterinary hospital of the owner’s
choice. Stray dogs and cats whose owner cannot be located shall be quarantined in the city
animal shelter or designated shelter. The owner of any dog or cat that has been reported to have
inflicted a bite on any person shall on demand produce said dog or cat for impoundment, as
prescribed in this chapter. Refusal to produce said dog or cat constitutes a violation of this
chapter, and each day of such refusal shall constitute a separate and individual violation. Any
wild animal which has bitten a person shall be caught and killed and the brain of such animal
immediately submitted to a qualified laboratory for rabies examination. The expense for such
examination shall be borne by the city. (2001 Code, sec. 2.607)
ARTICLE 2.07 VICIOUS ANIMALS
Sec. 2.07.001
Restrictions; impoundment
No vicious animal shall be allowed upon any street, avenue, highway, alley, sidewalk, parkway,
park or other public place in the city, regardless of whether said animal is under control by
means of a leash, chain or other means. However, this article shall not apply to any animal when
confined within a vehicle. If a person or animal is found to be in violation of this article, the
animal shall be impounded as a public nuisance. If impoundment of such animal cannot be made
with safety, the animal may be destroyed without notice to the owner of said animal. Any animal
which has, on separate occasions, engaged in vicious behavior where police incident reports
were made and the animal was at large at the time the incidents occurred and said attack would
be considered unprovoked shall be removed from the city within twenty-four (24) hours
following the notification to the owner. If notification to the owner is not possible following
reasonable diligent efforts, said animal shall be impounded and destroyed in a humane manner.
Guard dogs on commercial property are exempt from this particular article, provided that such
dogs have been registered with the animal control officer or the city police department and the
owner possesses, if required, a license under chapter 1702 of the Texas Occupations Code
(Private Security Act). (2001 Code, sec. 2.701)
Sec. 2.07.002
Complaints
In the event that the animal control officer of the police department of the city receives a
complaint concerning an animal which has bitten a human being or attacked and killed another
animal, a sworn complaint must be submitted with the following information:
(1)
The name, address and telephone number of the complainant and any other witnesses
to the incident;
(2)
The date, time and location of the incident;
(3)
The description of the animal;
(4)
The name, address and telephone number of the animal or owner;
(5)
A statement that the animal attacked and/or killed another animal;
(6)
A statement that the animal attacked and/or bit another human being;
(7)
A statement that the animal has exhibited vicious propensities in past conduct; and
(8)
Any other facts and circumstances relevant to the reported incident.
(2001 Code, sec. 2.702)
ARTICLE 2.08 GUARD DOGS xxx*
Sec. 2.08.001
Definitions
Anti-escape. Any housing, fencing, or device which the guard dog cannot go over, under,
through or around.
Commercial property.
(1)
A portion of land and/or buildings zoned for or utilized for commercial business uses
in the city, including temporary sites.
(2)
Any vehicle utilized for commercial business purposes in the city.
Guard dog. Any dog that is utilized to protect commercial property, as defined in this section.
Handler. A person who is responsible for and capable of controlling the operation of a guard
dog.
Housing. Any location where the guard dog is kept when not utilized for protection purposes.
(2001 Code, sec. 2.801)
Sec. 2.08.002
Permit
(a) A separate guard dog permit application must be made for each dog on commercial
property where guard dogs are to be used or where dogs are to be kept, boarded, bred, sold, let
for hire, or trained for a fee for guard dog purposes. Procedures for permit application, for
inspection of guard dog facilities, and for issuance of dog identification tags will be established
by the chief of police. Permits for both permanent and temporary locations may be transferred to
a new location operated by the same business firm during the permit year. However, such
transfers shall not be effective until an animal control officer has inspected and approved the
required facilities at the new location and the information required below for permit applications
has been recorded.
(b) Advance notification of three (3) working days to the chief of police shall be required for
permit transfers.
(c)
Guard dog permit applications shall include the following information:
(1)
The business name, address and telephone number of the commercial property where
guard dogs are to be used;
(2)
The name, address and telephone number of the dog’s handler who can be reached at
any time during the day or night;
(3)
The number of dogs to be used and a general description of their use;
(4)
The location where dogs are to be housed; and
(5)
Any other information that the chief of police reasonably deems necessary for the
enforcement and administration of this article. Permit holders shall immediately
notify the chief of police if any information recorded as part of the permit application
is changed during the course of the period for which the permit is issued.
(d) An animal control officer shall inspect the facilities where the guard dog is to be used and
housed at the time the guard dog permit is applied for and when it is renewed.
(e) If the inspection reveals that the requirements of this article are met, a permit fee
established by resolution of the city council for each approved commercial property shall be paid
to the city and a special guard dog identification tag shall be issued by the animal control officer.
The permit shall be displayed at the approved commercial property and an identification tag shall
be affixed to the collar for each dog used. Nothing in this article shall exempt guard dogs from
any of the other provisions of this chapter.
(f) Each permit shall be valid from the date of issuance until the 31st day of December of the
year for which the permit was issued. The renewal fee shall be established by resolution of the
city council.
(g) Each permit must be obtained prior to housing or utilizing guard dogs at the commercial
property.
(h) Each dog covered by this article shall be issued a tag varying in color from the standard
city license tag. Said tag shall be attached to the collar or harness of the dog at all times and shall
bear the words “Guard Dog” or “Attack Dog.”
(i) The area of premises in which such dog is confined shall be conspicuously posted with
warning signs bearing letters not less than two inches (2") in height, stating “Guard Dog on
Premises.”
(2001 Code, sec. 2.802)
Sec. 2.08.003
Exceptions
Dogs which are used to protect the property of their owner’s private residence shall be excluded
from the provisions of this article unless said residence is located on premises utilized for
commercial purposes. (2001 Code, sec. 2.803)
Sec. 2.08.004
Prohibited in public places; vicious dogs
It shall be unlawful for any owner or person in control of any guard dog to keep or permit the
same in or about any public house, public place, street, or alley of the city. The chief of police
shall have the authority to revoke the dog license of an owner of a dog which is determined to be
vicious, in accordance with the provisions of this code. (2001 Code, sec. 2.804)
ARTICLE 2.09 DANGEROUS DOGS xxxi*
Sec. 2.09.001
Generally
It shall be unlawful for any person to own, keep, harbor, or in any way possess a dangerous dog
within the city, unless such dog is properly registered with the city, the registration fees paid, and
said dangerous dog maintained within the city in accordance with the requirements of this article.
(2001 Code, sec. 2.1401)
Sec. 2.09.002
Definitions
Dangerous dog. A dog that:
(1)
Makes an unprovoked attack on a person that causes bodily injury and occurs in a
place other than an enclosure in which the dog was being kept and that was
reasonably certain to prevent the dog from leaving the enclosure;
(2)
Commits unprovoked acts in places other than an enclosure in which the dog was
being kept and that was reasonably certain to prevent the dog from leaving the
enclosure on its own and those acts cause a person to reasonably believe that the dog
will attack and cause bodily injury to that person; or
(3)
Makes an unprovoked attack on any other animal or fowl and occurs in a place other
than an enclosure in which the dog was being kept.
Dog. A domesticated animal that is a member of the canine family.
Owner. A person who owns or has custody or control of the dog.
Secure enclosure. A fenced area or structure that is:
(1)
Locked;
(2)
Capable of preventing the entry of the general public, including children;
(3)
Capable of preventing the escape or release of a dog;
(4)
Clearly marked as containing a dangerous dog; and
(5)
In conformance with the requirements for enclosures established in section 2.09.006
of this article.
(2001 Code, sec. 2.1402)
Sec. 2.09.003
Compliance
It shall be unlawful for any person to own, keep, harbor, or in any way possess a dangerous dog
within the city without complying with the following standards and requirements. (2001 Code,
sec. 2.1403)
Sec. 2.09.004
Registration; determination that dog is dangerous
(a) Not later than the tenth (10th) day after a person learns that he/she is the owner of a
dangerous dog, the person shall register the dangerous dog with the city police department. The
city police department shall annually register a dangerous dog if the owner:
(1)
Presents proof of:
(A) Liability insurance or financial responsibility, as required by section 2.09.009 of
this article;
(B) Current rabies vaccination of the dangerous dog; and
(C) The availability of the secure enclosure in which the dangerous dog will be
kept;
(2)
Pays the initial registration and permit fees provided for in the fee schedule found in
appendix A of this code per dangerous dog. For every year thereafter, an owner of a
registered dangerous dog must also pay a fee as provided for in the fee schedule
found in appendix A of this code to the city for the city to verify and insure
compliance with the standards and requirements of this article. This amount is
payable on the anniversary date of the initial registration of the dangerous dog(s); and
(3)
Complies with on-site inspections by the animal control officer of the city police
department, which shall be conducted every one hundred and eighty (180) days to
insure compliance with the standards and requirements of this article and shall
include a canvass of the residences within two hundred fifty feet (250') of the subject
property in order to determine the occurrence of any incidents or attacks relating to
the dangerous dog.
(b) The city police department shall provide to the owner registering a dangerous dog a
registration tag. The owner must place the tag on the dog’s collar, which shall remain on the
animal at all times.
(c)
(1)
If an owner of a registered dangerous dog sells or moves the dog to a new address, the
owner, not later than the fourteenth (14th) day after the date of the sale or move, shall
notify the city police department of the new address. On presentation by the current
owner of the dangerous dog’s prior registration tag and payment of a fee as provided
for in appendix A of this code, the city police department shall issue a new
registration tag to be placed on the dangerous dog’s collar.
(2)
If an owner of a dangerous dog sells or otherwise gives up possession of the dog, then
both the previous owner and the new owner must each present a letter signed by both
parties acknowledging that the city police department has identified the dog in
question as a dangerous dog and notify the city police department of the new address
of the dangerous dog. The letter must be delivered to the animal control division of
the city police department not later than ten (10) days after the sale or transfer.
(3)
For purposes of this article, a person learns that the person is the owner of a
dangerous dog when:
(A) The owner knows of an attack described in section 2.09.002 of this article.
(B) The owner is informed by the city police department.
(d) If a person reports an incident described by section 2.09.002 of this article, the city police
department animal control officer shall investigate the incident. If, after receiving the sworn
statements of any witnesses, the city police department determines the dog is a dangerous dog, it
shall notify the owner of that fact by certified mail, return receipt requested, or hand delivered by
a member of the city police department. The notice is deemed received ten (10) days after it is
placed in a United States Postal Service receptacle.
(e) An owner, not later than the tenth (10th) day after the date the owner is notified that the
dog is a dangerous dog, may appeal the determination of the animal control authority to the
municipal court for the city. An owner may appeal the decision of the municipal court in the
same manner as appeals for other civil cases.
(f)
(1)
If the court determines that the dog is a dangerous dog, the court shall order the
animal control officer to continue to impound the dangerous dog in secure and
humane conditions until such time as the court orders disposition of the dog and the
dog is returned to the owner, the court orders disposition of the dog and the dog is
thereby humanely destroyed, or the dog is deceased.
(2)
The court shall order the animal control officer to humanely destroy the dog if the
court determines after notice and hearing that the owner has not complied with the
requirements of this article. The court shall order the animal control officer to return
the dog to the owner if the court determines the owner has fully complied with this
article either after a hearing or without a hearing based on the recommendation of the
animal control officer that the owner has complied with the requirements of this
article.
(2001 Code, sec. 2.1404)
Sec. 2.09.005
Leash, muzzle, microchip, and spay or neutering requirements
(a) No person shall permit a dangerous dog to go outside its kennel or pen unless such dog is
securely leashed with a leash no more than six (6) feet in length and with a minimum tensile
strength of one thousand (1,000) pounds. No person shall permit a dangerous dog to be kept on a
chain, rope or other type of leash outside its kennel or pen unless a person is in physical control
of the leash. Such dogs shall not be leashed to inanimate objects, including but not limited to
trees, posts, fences, traffic-control devices, or buildings.
(b) The dangerous dog shall be secured with a muzzle in a manner that will not cause injury to
the dog nor interfere with its vision or respiration but shall prevent it from biting any person or
animal when the dangerous dog is taken off the property of the owner for any reason.
(c) The owner of a dangerous dog shall cause the dangerous dog to be spayed or neutered not
later than fifteen (15) days after the person learns that he/she is the owner of a dangerous dog.
The owner of the dangerous dog shall certify in writing to the city animal control officer that
such spaying or neutering has been accomplished not later than ten (10) days after the spaying or
neutering procedure.
(d) It shall be the duty of the owner of a dangerous dog to present the animal to the city animal
control officer immediately after the owner learns that he/she is the owner of a dangerous dog, if
the dog is not already in the custody of the animal control officer. The animal control officer
shall implant a microchip identification device on the dangerous dog. The dog’s microchip shall
be registered with a national registry. The cost of the service shall be at the owner’s expense as
listed in the fee schedule in appendix A of this code.
(2001 Code, sec. 2.1405)
Sec. 2.09.006
Confinement generally
All registered dangerous dogs shall be securely confined indoors or in a securely enclosed and
locked pen or kennel, except when leashed and muzzled as provided herein. Such pen, kennel, or
structure must have secure sides and a secure top attached to the sides. All structures used to
confine registered dangerous dogs must be locked with a key or a combination lock when such
animals are within the structure. Such structure must have a secure bottom or floor attached to
the sides of the pen, or the sides of the pen must be embedded in the ground no less than two feet
(2'). The enclosure shall be posted with signs on all sides in four-inch letters stating “Beware of
Dangerous Dog” and shall include a symbol indicating the presence of a dangerous dog which is
readily understandable by young children. All structures that are erected to house dangerous dogs
must comply with all zoning and building regulations of the city following personal inspection
by the director of public works or his designee. All such structures must be adequately lighted
and ventilated and kept in a clean and sanitary condition. (2001 Code, sec. 2.1406)
Sec. 2.09.007
Confinement indoors
No dangerous dog may be kept on a porch, patio or in any part of a house or structure that would
allow the dog to exit such building on its own volition. In addition, no dangerous dog may be
kept in a house or structure when the windows are open or when screen windows or screen doors
are the only obstacle preventing the dog from exiting the structure. (2001 Code, sec. 2.1407)
Sec. 2.09.008
Warning signs
All owners of dangerous dogs within the city shall display in a prominent place (visible from the
street area in front of the residence or property) on their premises a warning sign bearing letters
not less than four inches (4") in height stating “Beware of Dangerous Dog” and shall include a
symbol indicating the presence of a dangerous dog which is readily understandable by young
children. In addition, a similar sign shall be posted on the kennel or pen where the dangerous dog
is kept. (2001 Code, sec. 2.1408)
Sec. 2.09.009
Insurance
All owners of dangerous dogs shall provide proof to the city of liability insurance in a
single-incident amount of one hundred thousand dollars ($100,000.00) for bodily injury or death
of any person or persons, or for damage to property owned by any person which may result from
the ownership of such animal. (2001 Code, sec. 2.1409)
Sec. 2.09.010
Identification photographs
All owners of registered dangerous dogs shall provide to the city two (2) color photographs of
the animal in two (2) different poses showing the color and approximate size of the animal.
(2001 Code, sec. 2.1410)
Sec. 2.09.011
Reporting requirements
All owners of registered dangerous dogs shall, within ten (10) days of an incident, report the
following information in writing to the city:
(1)
Removal from the city or death of said dog;
(2)
Birth of offspring;
(3)
New address if the owner moves within the city; or
(4)
Any act of vicious behavior by the dangerous dog.
(2001 Code, sec. 2.1411)
Sec. 2.09.012
Attack by dangerous dog
(a) A person commits an offense if the person is the owner of a dangerous dog and the dog
makes an unprovoked attack on another person, animal or fowl outside the dog’s enclosure and
causes bodily injury to the other person.
(b) A person commits an offense if the person is the owner of a dangerous dog and the dog
makes an unprovoked attack on another person, animal or fowl outside the dog’s enclosure and
causes bodily injury to the other person, animal or fowl.
(c) An offense under this article is a class C misdemeanor unless the attack causes serious
bodily injury, in which [case] the offense is a third degree felony, or if the attack causes death, in
which [case] the offense is a second degree felony, consistent with Health and Safety Code
section 822.005, as now or hereafter amended.
(d) If a person is found guilty of an offense under this article, the court may order the
dangerous dog destroyed by a person authorized under section 822.004 of the Texas Health and
Safety Code, as now or hereafter amended.
(2001 Code, sec. 2.1412)
Sec. 2.09.013
Offenses
(a) A person who owns or keeps custody or control of a dangerous dog commits an offense if
the person fails to comply with section 2.09.003 of this article.
(b) An offense under section 2.09.003 of this article, unless otherwise provided, is a class C
misdemeanor.
(2001 Code, sec. 2.1413)
Sec. 2.09.014
Defenses
(a) It is a defense to prosecution under section 2.09.012 of this article that the person is a
veterinarian, a peace officer, a person employed by a recognized animal shelter, or a person
employed by the state or a political subdivision of the state to deal with stray animals and has
temporary ownership, custody, or control of the dog in connection with that position.
(b) It is a defense to prosecution under section 2.09.012 of this article that the person is an
employee of the institutional division of the state department of criminal justice or a law
enforcement agency and trains or uses dogs for law enforcement or corrections purposes.
(c) It is a defense to prosecution under section 2.09.012 of this article that the person is a dog
trainer or an employee of a guard dog company under the Private Investigators and Private
Security Agencies Act (V.T.C.A., Occupations Code, chapter 1702).
(2001 Code, sec. 2.1414)
ARTICLE 2.10 ANIMAL CARE xxxii*
Sec. 2.10.001
Definitions
Direct physical control. Within the owner’s observation and in such close proximity as to permit
the owner reasonable opportunity to control the animal, should it become necessary to do so in
order to protect the animal, a human or another animal from harm.
Dog tethering. Using a chain, rope, tether, leash, cable, or other device to attach a dog to a
stationary object or trolley system.
Properly fitted. A restraint that measures the circumference of a dog’s neck plus a minimum of
one inch additional length. With respect to a harness, properly fitted means a restraint that is of
an adequate size, design, and construction as to be appropriate for the dog’s size and weight.
(2001 Code, sec. 2.1101)
Sec. 2.10.002
Humane treatment required; abandonment; cruelty
(a) No owner shall fail to provide his or her animal or animals with sufficient wholesome food
or water, adequate shelter and protection from weather, and veterinary care when needed to
prevent suffering.
(b) No person shall beat, cruelly treat, torment, mentally abuse, overload, overwork, or abuse
an animal, or cause, instigate, or permit any dogfight, cockfight, bullfight, or other combat
between animals or between animals and humans.
(c)
No person shall abandon an animal that is in his or her custody.
(d) No person shall donate or agree to donate any live animal as a prize for or as an
inducement to enter any contest, game, or other competition or an inducement to enter a place of
business, or offer such animal as an incentive to enter into any business agreement whereby the
offer was for the purpose of attracting trade.
(e)
Any person who, as the operator of a motor vehicle, strikes a domestic animal shall
immediately report such injury or death to the animal’s owner. In the event the owner cannot be
ascertained and located, such operator shall at once report the accident or incident to the city
police department or to the local humane society.
(f) No person shall expose any known poisonous substance, whether mixed with food or not,
so that same shall be liable to be eaten by any domestic animal or person. This section is not
intended to prohibit the prudent use of herbicides, insecticides, or rodent control materials. No
person shall expose an open trap or metal jaw type device or trap that shall be liable to injure any
domestic animal or person.
(2001 Code, sec. 2.1102)
Sec. 2.10.003
Unlawful restraint of dogs
(a) It shall be unlawful for a person to use a chain, rope, tether, leash, cable or other device to
attach a dog to a stationary object or trolley system.
(b)
It is an affirmative defense to a violation of subsection (a) that the dog tethering:
(1)
Is during a lawful animal event, veterinary treatment, grooming, training or law
enforcement activity;
(2)
Is required to protect the safety or welfare of a person or the dog, and the dog’s owner
maintains direct physical control of the dog; or
(3)
Occurs on the owner’s premises:
(A) While the dog is within the owner’s direct and immediate physical control; and
(B) Prevents the dog from advancing within fifteen (15) feet of the edge of any
public street.
(c) The affirmative defenses provided in subsection (b) are only available if the following
specifications are met:
(1)
The chain, rope, tether, leash, cable, or other device is attached to a properly fitted
collar or harness worn by the dog;
(2)
The chain, rope, tether, leash, cable, or other device is not placed directly around the
dog’s neck;
(3)
The chain, rope, tether, leash, cable, or other device does not exceed 1/20 of the dog’s
body weight;
(4)
The chain, rope, tether, leash, cable, or other device, by design and placement, allows
the dog a reasonable and unobstructed range of motion without entanglement; and
(5)
The dog has access to adequate shelter and clean and wholesome water.
(d) A person commits an offense if the person intentionally, knowingly, or recklessly fails to
comply with any provision or requirement of this section. An offense under this section is a class
C misdemeanor and is punishable by a fine in accordance with section 1.01.009 of this code. If a
person fails to comply with this section with respect to more than one dog, the person’s conduct
with respect to each dog constitutes a separate offense.
(e)
This section does not prohibit a person from walking a dog with a hand-held leash.
(2001 Code, sec. 2.1103)
ARTICLE 2.11 LIVESTOCK AND FOWL xxxiii*
Sec. 2.11.001
Running at large; staking on unenclosed lot or public property
(a) It shall hereafter be unlawful for any person to allow or permit any cow, calf, steer, bull,
bullock, heifer, sheep, goat, hog, horse, mare, colt, mule, or jennet owned or controlled by said
person to run at large, or be in or upon any street or alley or in or upon any unenclosed vacant lot
within the corporate limits of the city, or to stake out any of the animals above mentioned upon
any unenclosed lot or any street or other public property in the city.
(b) It is an affirmative defense to subsection (a) above that the animal is a miniature pig which
meets with the requirements set forth in section 2.01.006(d).
(2001 Code, art. 2.1500)
State law reference–Animals at large, V.T.C.A., Local Government Code, sec. 215.026.
Sec. 2.11.002
Breeding animals within public view
It shall be unlawful for the owner or harborer of any animal listed in this article to knowingly
permit or cause to be permitted the breeding of any such animal within public view. (2001 Code,
sec. 2.409)
Sec. 2.11.003
Location of pens and enclosures
It shall be unlawful for any person to keep any horse, cow, cattle, sheep, or goat within one
hundred feet (100') of another residence or occupied building, or any hog within five hundred
feet (500') of another’s residence or occupied building. (2001 Code, sec. 2.410)
Secs. 2.11.004–2.11.030
Reserved
Division 2. Estrays xxxiv†
Sec. 2.11.031
Impoundment authorized; filing of information
(a) It shall be the duty of the animal control officer, in absence of action by the county sheriff’s
office, to take up any and all estrays that may be found in and upon any street or alley or in or
upon any unenclosed lot in the city, or otherwise to be found at large, and to confine such estrays
for safekeeping. Upon impounding an estray, the animal control officer shall prepare a notice of
estray and file such notice in the estray book located in the office of the animal control officer.
(b)
The notice of estray shall contain the following information:
(1)
The name and address of the person who notified the animal control officer of the
estray;
(2)
The location of the estray when found;
(3)
The location of the estray until disposition;
(4)
A description of the animal including its breed, color, sex, age, size, all markings of
any kind, and any other identifying characteristics.
(2001 Code, sec. 2.401)
Sec. 2.11.032
Notice of impoundment
When an estray has been impounded, the animal control officer shall make a diligent search of
the register of recorded brands in the county for the owner of the estray. If the search does not
reveal the owner, the animal control officer shall advertise the impoundment of the estray in a
newspaper of general circulation in the county at least twice during the next fifteen (15) days
following impoundment and post a notice of the impoundment of the estray on the public notice
board of the county sub-courthouse and of the city hall. (2001 Code, sec. 2.402)
Sec. 2.11.033
Recovery by owner prior to sale
The owner of an estray may recover possession of the animal at any time before the animal is
sold under the terms of this article if:
(1)
The owner has provided the animal control officer with an affidavit of ownership of
the estray containing at least the following information:
(A) The name and address of the owner;
(B) The date the owner discovered that the animal was estray;
(C) The property from which the animal strayed;
(D) A description of the animal including its breed, color, sex, size, all markings of
any kind, and any other identifying characteristics;
(2)
The animal control officer has approved the affidavit;
(3)
The affidavit has been filed in the estray book;
(4)
The owner has paid all estray handling fees to those entitled to receive them;
(5)
The owner has executed an affidavit of receipt containing at least the following
information:
(A) The name and address of the person receiving the estray;
(B) Date of receipt of the estray;
(C) Method of claim to the estray (owner, purchaser at sale);
(D) If purchased at sale, the amount of gross purchase price;
(E) Amount of estray handling fees paid;
(F)
(6)
The net proceeds of the sale.
The animal control officer has filed the affidavit of receipt in the estray book.
(2001 Code, sec. 2.403)
Sec. 2.11.034
Impoundment fees
For each and every estray taken and impounded, there shall be paid to the city by the owner
thereof or his agents the sum as provided for in the fee schedule found in appendix A of this code
for the taking and impounding of the estray and the further sum as provided for in the fee
schedule found in appendix A of this code per day, except for the first day and [for] every
subsequent day that the animal shall remain in the custody of the animal control officer, such fee
being charged for the care and feeding of such animal. The owner shall also pay for any
veterinarian or drug fees incurred on behalf of the animal while it is in the custody of the city.
(2001 Code, sec. 2.404)
Sec. 2.11.035
Sale procedures; disposition of proceeds
(a) If the ownership of an estray is not determined within fourteen (14) days following the final
advertisement required by this division, title to the estray rests in the city and the animal control
officer shall then cause the estray to be sold at a public auction.
(b) Title to the estray shall be deemed vested in the animal control officer for purposes of
passing a good title, free and clear of all claims to the purchaser at the sale.
(c) The purchaser of an estray at public auction may take possession of the animal upon
payment thereof.
(d) The disposition of the proceeds derived from the sale of an estray at public auction will be
as follows:
(1)
Pay all handling fees to those entitled to receive them.
(2)
Execute a report of sale of impounded stock.
(3)
The net proceeds remaining from the sale of the estray after the handling fees have
been paid shall be delivered by the animal control officer to the city treasurer. Such
net proceeds shall be subject to claim by the original owner of the estray as provided
herein.
(4)
If the bids are too low, the animal control officer shall have the right to refuse all bids
and arrange for another public auction or sealed bidding procedure.
(2001 Code, sec. 2.405)
Sec. 2.11.036
Recovery of sale proceeds by owner
(a) Within twelve (12) months after the sale of an estray under the provisions of this division,
the original owner of the estray may recover the net proceeds of the sale that were delivered to
the city treasurer if:
(1)
The owner has provided the animal control officer with an affidavit of ownership;
(2)
The animal control officer has approved the affidavit;
(3)
The approved affidavit has been filed in the estray book.
(b) After the expiration of twelve (12) months from the sale of an estray as provided by this
division, the sale proceeds shall escheat to the city.
(2001 Code, sec. 2.406)
Sec. 2.11.037
Use of impounded animal
During the periods of time an estray is held by one who impounded the estray, the estray may not
be used by any person for any purpose. (2001 Code, sec. 2.407)
Sec. 2.11.038
Death or escape of impounded animal
If the estray dies or escapes while held by the person who impounded it, the person shall report
the death or escape to the animal control officer. The report shall be filed in the estray book.
(2001 Code, sec. 2.408)
CHAPTER 3
BUILDING REGULATIONS
ARTICLE 3.01 GENERAL PROVISIONS
Sec. 3.01.001
Public works construction specifications; hours of work
(a) Standard specifications adopted. There is hereby adopted by the city council, for the
purpose of providing uniform specifications for public works construction, that certain
publication referred to as Standard Specifications for Public Works Construction, North Central
Texas Council of Governments, 1st edition, 1983, and the same is hereby adopted as the code of
the city for the purpose of providing specifications for public works construction. Not less than
three (3) copies shall remain on file in the office of the city secretary, and the same are hereby
adopted and incorporated as fully as if set out at length herein, and from the date on which this
section shall take effect the provisions thereof shall be controlling within the city limits.
(b) Hours of work. Any and all work related to the fabrication, construction, destruction,
alteration, or conversion performed in connection with a public works project, whether material
or non-material, must be performed between the hours of 7:00 a.m. to 7:00 p.m. Monday through
Friday. Saturday, Sunday, or holiday work must be authorized in writing by the director of public
works not less than forty-eight (48) hours prior to commencement of the work. If the city
inspectors or public works employees are required, the applicant will be responsible for the
inspection overtime salaries and expenses incurred by the city at the current city rate with not
less than two hours of overtime cost per authorization. Any and all work performed other than
during the above-prescribed hours must receive prior written authorization from the director of
public works not less than forty-eight (48) hours prior to commencement of work. The written
authorization shall be maintained at the job site at all times during which work is performed
outside of the regularly permitted hours.
(2001 Code, art. 3.200)
Sec. 3.01.002
Water well permit
No water wells shall be drilled, constructed, or placed in operation unless a permit to do so has
been applied for and secured from the plumbing inspector. When making application, the owner,
engineer, or well drilling contractor shall submit a plot of the property showing the location of
any buildings, sanitary sewers, or septic tank systems and shall furnish plans and specifications
of the well, pump storage basins and other appurtenances. Said plans and specifications shall be
approved by the director of public works before the permit is issued by the plumbing inspector.
(2001 Code, art. 3.1300)
State law reference–Water wells, V.T.C.A., Water Code, ch. 28.011 et seq.
ARTICLE 3.02 TECHNICAL AND CONSTRUCTION CODES AND STANDARDS
Secs. 3.02.001–3.02.050
Reserved
Division 2. Building Code xxxv*
Sec. 3.02.051
Adopted
(a) The building code of the city is hereby revised and amended to conform to the 2003 edition
of the International Building Code of the International Code Council, and the same as amended
is hereby adopted as the city’s building code.
(b) One (1) copy of the 2003 edition of the International Building Code is incorporated herein
by reference and shall be filed in the offices of both the city secretary and the director of public
works for permanent record and inspection.
(2001 Code, sec. 3.301(a), (b))
Sec. 3.02.052
Additional requirements
Notwithstanding any provisions in the International Building Code, the following requirements
shall apply:
(1)
One-story detached accessory buildings used as tool and storage sheds, playhouses
and similar uses shall require a permit.
(2)
All fences over thirty (30) inches in height require a permit.
(3)
Any building or structure (portable, temporary, accessory or permanent) with a
first-floor area of two hundred (200) square feet or more shall comply with the
masonry construction requirements of the applicable zoning district.
(2001 Code, sec. 3.301(c))
Secs. 3.02.053–3.02.100
Reserved
Division 3. Residential Code xxxvi†
Sec. 3.02.101
Adopted
(a) The residential code of the city is hereby established and amended to adopt the 2003
International Residential Code of the International Code Council (ICC), and the same as
amended is hereby adopted as the city’s residential code. One (1) copy of the 2003 International
Residential Code is incorporated herein by reference and shall be filed in the offices of both the
city secretary and the director of public works for permanent record and inspection.
(b) The provisions of the building code, electrical code and mechanical code as adopted
elsewhere shall be used as part of the code for any provision, requirement or method that does
not exist in this code. The electrical code may be used as an alternate to the electrical provisions
of this code.
(2001 Code, art. 3.1400)
Secs. 3.02.102–3.02.150
Reserved
Division 4. Energy Conservation Code xxxvii*
Sec. 3.02.151
Adopted
(a) International Energy Conservation Code adopted. The energy code of the city is hereby
established and amended to conform, with certain exceptions specified below, to the 2000
International Energy Conservation Code of the International Code Council (ICC), and the same
as amended is hereby adopted as the city’s energy code. Copies of the 2000 International Energy
Conservation Code shall be filed in the offices of the city secretary and the director of public
works for permanent record and inspection.
(b) Additional regulations. The provisions of the building code, electrical code, mechanical
code, and residential code as adopted elsewhere shall be used as part of this code for any
provision, requirement or method that does not exist in this code.
(c) Errata. Any errata corrections as discovered are considered as part of this code, since the
same would have been adopted had such been known at the time of adoption.
(d) Adoption of Energy Efficiency chapter of International Residential Code for single-family
residential construction. The energy code of the city is hereby amended to conform to the Energy
Efficiency chapter of the 2000 edition of the International Residential Code (IRC) of the
International Code Council. This chapter of the IRC only applies to single-family residential
construction. Copies of the International Residential Code shall be maintained on file in the
offices of the city secretary and the director of public works for permanent record and inspection.
(2001 Code, art. 3.1500)
Secs. 3.02.152–3.02.200
Reserved
Division 5. Code for the Abatement of Dangerous Buildings xxxviii†
Sec. 3.02.201
Adopted
The Uniform Code for the Abatement of Dangerous Buildings, 1997 edition, as adopted by the
International Conference of Building Officials, one (1) copy of which shall remain on file in the
office of the city secretary, is hereby adopted by reference and designated as the code for the
abatement of dangerous buildings of the city, the same as though such code were copied at
length herein. (2001 Code, sec. 3.401)
Sec. 3.02.202
Amendments
The adoption by reference of the Uniform Code for the Abatement of Dangerous Buildings as
provided above is made subject to and is modified and amended as follows:
(1)
All references to “building official” contained in said Uniform Code for the
Abatement of Dangerous Buildings, 1997 edition, shall be construed, interpreted and
applied to mean the director of public works for the city or his duly authorized
designee.
(2)
All references to “appeal board” or “board of appeals” contained in said Uniform
Code for the Abatement of Dangerous Buildings, 1997 edition, shall be construed,
interpreted and applied to mean the zoning board of adjustments for the city.
(3)
Chapters 5 and 6 of said Uniform Code for the Abatement of Dangerous Buildings,
1997 edition, specifying procedures for appeal and conduct of hearing appeals, shall
be deleted and are not to be adopted by the city.
(4)
In the event of conflict between any provisions of this chapter and the provisions of
the 1994 U.P.C. herein adopted, the provisions of the 1997 U.P.C. are specifically
amended herein by the provisions contained in this division and previously enacted
ordinances presently codified in the Code of Ordinances for the city.
(2001 Code, sec. 3.402)
Secs. 3.02.203–3.02.250
Reserved
Division 6. Housing Code xxxix*
Sec. 3.02.251
Adopted
The Uniform Housing Code, 1994 edition, as adopted by the International Conference of
Building Officials, one (1) copy of which shall remain on file in the office of the city secretary, is
hereby adopted by reference and designated as the housing code of the city, the same as though
such code were copied at length herein. (2001 Code, sec. 3.501)
Sec. 3.02.252
Amendments
The adoption by reference of the Uniform Housing Code as provided above is made subject to
and is modified and amended as follows:
(1)
All references to “building official” contained in said Uniform Housing Code shall be
construed, interpreted and applied to mean the director of public works for the city or
his duly authorized designee.
(2)
All references to “housing advisory and appeals board,” “appeal board” or “board of
appeals” contained in said Uniform Housing Code shall be construed, interpreted and
applied to mean the board of adjustment for the city.
(3)
Chapters 12 and 13 of said Uniform Housing Code, 1994 edition, specifying
procedures for appeal and conduct of hearing appeals, shall be deleted and are not to
be adopted by the city.
(2001 Code, sec. 3.502)
Secs. 3.02.253–3.02.300
Reserved
Division 7. Electrical Code xl*
Sec. 3.02.301
Adopted
The 2005 edition of the National Electrical Code, as now or hereafter amended, is hereby
adopted as the electrical code of the city. The 2005 National Electrical Code is hereby adopted
by reference for all purposes as if set forth at length herein. One (1) copy of the 2005 National
Electrical Code shall remain on file in the offices of both the city secretary and the director of
public works for permanent record inspection. (2001 Code, sec. 3.1001)
Sec. 3.02.302
Amendments
The National Electrical Code is hereby amended and supplemented as shown in “Amendments
and Supplements to National Electrical Code” on file in the office of the city secretary. (2001
Code, sec. 3.1002)
Secs. 3.02.303–3.02.350
Reserved
Division 8. Plumbing xli†
Part I. In General
Sec. 3.02.351
Definitions
Apprenticed plumber. An apprenticed plumber is any person other than a master plumber or a
journeyman plumber who as his principal occupation is engaged in learning and assisting in the
installation of plumbing and shall work directly under the supervision of a journeyman plumber.
Journeyman plumber. A journeyman plumber is any person other than a master plumber who as
his principal occupation is engaged in the practical installation of plumbing and gasfitting, and
who shall work under the supervision of a licensed master plumber, and holds a license as a
journeyman plumber that has been issued from the state board of plumbing examiners.
Master plumber. A master plumber is any person having a regular place of business skilled in the
planning, superintending, and the practical installation of plumbing and gasfitting, and familiar
with the laws, rules and regulations governing the same. A master plumber holds himself out to
the public as one who contracts for and causes to be done such plumbing and gasfitting work. A
master plumber shall employ licensed journeyman plumbers to perform all plumbing or
gasfitting work that is done under his supervision by others, except that he may employ
apprenticed plumbers as helpers to journeymen plumbers.
(2001 Code, sec. 3.1102)
Sec. 3.02.352
Intent and purpose
The intent and purpose of this division is to regulate the construction, erection, enlargement,
alteration, repair, removal and maintenance of all piping, fitting, fixtures, etc., used for the
conducting of water, sewage, and gas in or on any and all premises in the city and outside the
boundaries of the city, if same be connected to either the city water or sewer system. (2001 Code,
sec. 3.1104)
Sec. 3.02.353
Sanitary sewer cleanouts
(a) Sanitary sewer cleanouts shall be maintained in all single-family residences, multifamily
residences and commercial buildings within the city in accordance with current plumbing codes
and regulations.
(b) Sanitary sewer cleanouts shall be constructed of brass, PVC or any other material approved
by the director of public works. Cleanout plugs shall have raised square heads or approved
countersunk rectangular slots. Cleanouts shall be airtight and watertight without the utilization of
any gasket, packing or washer.
(c) Any sanitary sewer cleanout constructed of galvanized wrought iron, galvanized steel,
copper or brass pipe shall include a brass plug or a standard weight cap, or an approved ABS or
PVC plug.
(d) Sanitary sewer cleanouts shall be maintained above ground in a manner which prevents
influx and infiltration.
(e)
It shall be the responsibility of the property owner, lessee or any other person controlling
the property to maintain the cleanouts in operable condition.
(f) Sanitary sewer cleanouts not in compliance with this division shall be repaired within thirty
(30) days of receipt of written notice from the office of the director of public works. The notice
may be given:
(1)
Personally to the owner, lessee or person in control of the property in writing; or
(2)
By letter addressed to the owner or person in control of the property at the owner’s
address as recorded in the records of the Tarrant Appraisal District.
If the director of public works mails a notice to a property owner, lessee or person controlling the
property and the United States Postal Service returns the notice as “refused” or “unclaimed,” the
validity of the notice is not affected and the notice is considered valid and delivered.
(g) Any person violating any provision of this section shall be deemed guilty of a misdemeanor
and upon conviction thereof shall be fined in accordance with the general penalty provision
found in section 1.01.009 of this code for each violation. Each and every day any such violation
shall continue shall be deemed to constitute a separate offense.
(2001 Code, sec. 3.1114)
Secs. 3.02.354–3.02.380
Reserved
Part II. Plumbing Code
Sec. 3.02.381
Adopted
The International Plumbing Code, 2003 edition, copies of which shall remain on file in the
offices of both the city secretary and the director of public works, is hereby adopted by reference
and designated as the plumbing code for the city. (2001 Code, sec. 3.1101)
Secs. 3.02.382–3.02.400
Reserved
Part III. Plumbing Inspector xlii*
Sec. 3.02.401
Qualifications
(a) The plumbing inspector shall have at least two (2) years’ experience as a plumbing
inspector. He or she shall possess a current and valid inspector’s license issued by the state board
of plumbing examiners or be able to obtain the same within one (1) year of employment as
plumbing inspector. He or she shall be fully capable of performing the duties of a plumbing
inspector.
(b) No plumbing inspector will be permitted to work for or be connected or associated with
any master plumber, plumbing manufacturer, or wholesale plumbing and supply, or to do any
plumbing work while employed as a plumbing inspector by the city.
(2001 Code, sec. 3.1105)
Sec. 3.02.402
Duties
The duties of the plumbing inspector shall be to receive, approve, and countersign, either in
person or by any authorized representative, all applications and collect all fees for permits to do
plumbing, gas piping, or make sewer connections in the city, or outside the boundaries of the city
if connections are made to either the water or sewer system; also, to personally inspect and pass
on all plumbing work, gas piping and sewer connections now in use or being constructed, in the
city, or outside the boundaries of the city if connections are made to either the city water or
sewer system; to issue his certificate of approval thereof if he shall approve the same, or if he
shall not approve the same, to direct by written order or by other means the owner or agent in
charge of any building or premises where imperfect plumbing or gas piping may be located or
the plumber in charge of such construction to stop the use or construction of same until it shall
have been properly repaired or constructed; to enter any house or premises in the city at any time
to examine and inspect any plumbing, gas, or sewer connection therein; to investigate all alleged
violations of this division; and to file complaints against all persons whom they have reason to
believe are guilty of violation of any of the provisions of this division. (2001 Code, sec. 3.1106)
Sec. 3.02.403
Powers
The plumbing inspector shall have the power, and it shall be his or her duty, where any building,
premises, or construction contains improper or defective plumbing or gas piping, or where same
has been constructed, erected, altered or repaired without a permit as provided by law and the
ordinances of the city, to immediately notify in writing the utility involved or any person, firm or
corporation furnishing water to cut off the water or gas supply thereto until such improper or
defective plumbing or gas piping shall be made to fully comply with the law and ordinances and
a certificate of approval shall have been issued by the plumbing inspector. Gas piping,
appliances, fixtures, and apparatus or material which may at any time become defective and in
the opinion of the city plumbing inspector likely to cause leaks, fires, or accidents or to endanger
persons or property shall be condemned by the city plumbing inspector, and when, in his
opinion, it is deemed necessary in order to prevent such accident or danger, the city plumbing
inspector is hereby authorized to disconnect such gas piping, appliances, fixtures and apparatus,
or to cause the service of gas to such consumer to be discontinued until the person or persons
owning or using such gas piping, appliances, fixtures, apparatus or material shall cause the same
to be put in safe condition and tested and approved by the city plumbing inspector. (2001 Code,
sec. 3.1107)
Secs. 3.02.404–3.02.420
Reserved
Part IV. Licenses and Permits xliii*
Sec. 3.02.421
Required
It shall be unlawful for any person, association of persons, co-partnership, or corporation to
engage in the business of plumbing, do or perform any plumbing as described in this division, or
advertise or hold himself out to the public as a plumber without first having procured the
necessary license and permits as hereinafter required. (2001 Code, sec. 3.1103)
Sec. 3.02.422
Licenses generally
No master plumber or journeyman plumber shall engage in, carry on or work at the business of
plumbing in the city unless he has been duly licensed under the terms of the state plumbers
license law. No master plumber shall engage in, carry on or work at the business of plumbing in
the city unless his name, address, telephone and state license number has been registered with the
plumbing inspector. Vehicles used commercially in carrying on the business of plumbing by a
master plumber shall have the firm name or the state license number affixed to both sides of the
vehicle, so as to be in full view at all times, and in letters not less than two and one-half (2-1/2)
inches high. (2001 Code, sec. 3.1108)
Sec. 3.02.423
Work allowed without license
The following acts, work and conduct shall be expressly permitted without a license:
(1)
Plumbing work done by a property owner in a building owned or occupied by him as
his home. The term “work done by a property owner” shall be construed to mean
work actually done personally by the owner.
(2)
Plumbing work done by anyone who is regularly employed as or acting as a
maintenance man or maintenance engineer, incidental to and in connection with the
business in which he is employed or engaged and who does not engage in the
occupation of a plumber for the general public; construction, installation and
maintenance work done upon the premises or equipment of a railroad by an employee
thereof who does not engage in the occupation of a plumber for the general public;
and plumbing work done by persons employed by any public service company in the
laying, maintenance and operation of its service mains or lines and the installation,
alteration, adjustment, repair, removal and renovation of all types of appurtenances,
equipment, and appliances; appliance installation and service work done by anyone
who is an appliance dealer or is employed by an appliance dealer, and acting as an
appliance installation man or appliance service man in connecting appliances to
existing piping installations. Provided, however, that all work and service herein
named or referred to shall be subject to inspection and approval by the plumbing
inspector in accordance with the terms of this division.
(2001 Code, sec. 3.1109)
Sec. 3.02.424
Collection of fees
Collection of fees provided for herein shall be paid to the plumbing inspector or his authorized
representative. Any person collecting permit fees as provided herein shall be bonded in the sum
of twenty-five hundred dollars ($2,500.00), executed by himself or herself and secured by a
surety company. The fee for such bond shall be paid by the city. (2001 Code, sec. 3.1110)
Sec. 3.02.425
Issuance of plumbing permit
A plumbing permit shall be obtained from the plumbing inspector or his authorized
representative before any plumbing work is done in the city by any person, and outside the city,
if the plumbing system is connected or is to be connected to either the city water or sewerage
systems. A plumbing permit will not be issued to any person who is not a licensed master
plumber or a homeowner who resides at the residence where the work is to be done. (2001 Code,
sec. 3.1111)
Sec. 3.02.426
Permit for opening street or alley
Each time a master plumber desires to open an excavation in a public street or alley to make a
connection with the city sewage system, or to alter or repair any building sewer connection, or
for any other reason, said master plumber shall obtain the location of the sanitary sewer from the
department of public works and shall then make application to the director of public works or his
authorized representative and obtain a permit to open an excavation in such street or alley in
accordance with article 3.11, divisions 2 and 3, of the Code of Ordinances for the city. Repairs to
city streets, sidewalks, curbs, gutters, storm drain systems, and rights-of-way must be performed
in accordance with article 10.03 of the Code of Ordinances for the city (new street and drainage
specifications). (2001 Code, sec. 3.1112)
Sec. 3.02.427
Special plumbing permit
A special permit may be issued by the plumbing inspector in writing when plumbing cannot be
installed in accordance with all the provisions of this division, if in his judgment the conditions
require it. Additions or alterations shall be of a character that will make the plumbing system in
the building as a whole conform to the intent of the requirements of this division. Application for
a special permit shall be made in writing accompanied by a sketch showing work to be done.
This sketch shall remain on file in the plumbing inspector’s office. The plumbing inspector shall
be consulted before remodeling work is started and before changes are made to existing
plumbing systems. (2001 Code, sec. 3.1113)
Secs. 3.02.428–3.02.480
Reserved
Division 9. Fuel Gas Code
Sec. 3.02.481
Adopted
The International Fuel Gas Code, 2003 edition, regulating and governing fuel gas systems and
gas-fired appliances, a copy of which shall remain on file in the offices of both the city secretary
and the director of public works, is hereby adopted by reference and designated as the fuel gas
code for the city. (2001 Code, sec. 3.1700)
Secs. 3.02.482–3.02.530
Reserved
Division 10. Mechanical Work xliv*
Part I. In General
Sec. 3.02.531
(a)
Contractor’s license
Definitions.
Air conditioning contracting. Designing, installing, constructing, maintaining, servicing,
repairing, altering or modifying any heating, ventilating or air conditioning product, system or
equipment. This term does not include the design, installation, construction, maintenance,
service, repair, alteration or modification of a portable or self-contained ductless air conditioning
or hearing product that has a cooling capacity of three tons or less or a heating capacity of 36,000
BTUs or less.
Air conditioning contractor. A person licensed under V.T.C.A. Occupations Code chapter 1302,
who designs, installs, constructs, maintains, services, repairs, alters or modifies any heating,
ventilating or air conditioning product, system or equipment.
(b) License required. Heating or air conditioning contractors or persons holding themselves out
as performing heating and air conditioning contracting services in the city shall be required to
have an air conditioning contractor’s license issued by the state pursuant to V.T.C.A.
Occupations Code chapter 1302, as now or hereafter amended.
(2001 Code, sec. 3.602)
Sec. 3.02.532
Permit fees
All fees for heating and air conditioning contracting work shall be as provided in the 1997
U.M.C., as adopted by the city council. (2001 Code, sec. 3.603)
Secs. 3.02.533–3.02.550
Reserved
Part II. Mechanical Code
Sec. 3.02.551
Adopted
The International Mechanical Code, copies of which shall remain on file in the offices of both
the city secretary and the director of public works, is hereby adopted by reference and designated
as the mechanical code of the city, the same as though such code were copied at length herein.
(2001 Code, sec. 3.601)
Sec. 3.02.552
Amendments
Section 111, Violations.
Section 111.2. Penalties. Any person, firm, or corporation violating any provisions of this
code shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be
punished by a fine in accordance with the general penalty provision set forth in section
1.01.009 of the Code of Ordinances. Each separate day and any portion thereof during
which any violation of this code occurs or continues shall be deemed to constitute a
separate offense.
(2001 Code, sec. 3.605)
Sec. 3.02.553
Appeals
All references to “board of appeals” shall be construed, interpreted and applied to mean the
zoning board of adjustments of the city. (2001 Code, sec. 3.604)
Secs. 3.02.554–3.02.600
Reserved
Division 11. Swimming Pool, Spa and Hot Tub Code xlv*
Sec. 3.02.601
Adopted
The Uniform Swimming Pool, Spa and Hot Tub Code, 1997 edition, as adopted by the
International Association of Plumbing and Mechanical Officials, except as set forth in section
3.02.602 of this division, one (1) copy of which shall remain on file in the office of the city
secretary, is hereby adopted by reference and designated as the swimming pool, spa and hot tub
code for the city, the same as though such code were copied at length herein. (2001 Code, sec.
3.901)
Sec. 3.02.602
Amendments
The adoption of the Uniform Swimming Pool, Spa and Hot Tub Code by the city shall be subject
to the following modifications, deletions, and amendments:
(1)
All references to “administrative authority” contained in said Uniform Swimming
Pool, Spa and Hot Tub Code shall be construed, interpreted and applied to mean the
director of public works for the city or his duly authorized designee.
(2)
All references to “appeal board” or “board of appeals” contained in said Uniform
Swimming Pool, Spa and Hot Tub Code shall be construed, interpreted and applied to
mean the zoning board of adjustments for the city.
(3)
The first paragraph of part I, section 1.7 of said Uniform Swimming Pool, Spa and
Hot Tub Code shall be deleted in its entirety.
(4)
Part I, section 1.10 of said Uniform Swimming Pool, Spa and Hot Tub Code shall be
amended to include paragraph (D), which shall read as follows:
(D) Evidence of approval by the Texas Utilities Electric Service Company.
(5)
Section 3.10 of the Uniform Swimming Pool, Spa and Hot Tub Code shall be
amended to include an additional paragraph (g), which shall read as follows:
(g)
Swimming pool waste water may be disposed of on city streets if an
underground stormwater sewer or a stormwater drainage ditch is not in close
proximity and reasonably available for drainage purposes.
(6)
Notwithstanding any provisions of the Uniform Swimming Pool, Spa and Hot Tub
Code, swimming pools shall be subject to approval by the public works director after
taking into consideration the location and size of the plat, the site, the detailed plans
of such swimming pool and any required accessories, and other such factors as may
be required for the health, safety, and general welfare of the community. In addition,
the public works director may require that any swimming pool, including mechanical
equipment, be located at such distance from any property line as not to interfere with
the peace, comfort, and repose of the occupant(s) of any adjoining building or
residence. Any lights illuminating such swimming pool shall be placed so as to
eliminate direct rays of light on adjoining premises. A six (6) foot permanent fence or
wall must be erected and maintained around each pool. The fence or wall must be
constructed and equipped with a self-closing and latching gate, which must be locked
when the pool is not in use.
(7)
Any reference in this code, or any code referenced by this code, to any swimming
pool, spa, or hot tub shall include any structure for swimming or recreational bathing,
or a wading pool that contains twenty-four (24) inches or more in depth. This
includes, but is not limited to, in-ground, above-ground, and on-the-ground structures
as well as hot tubs, spas, or fixed-in-place wading pools. All in-ground swimming
pools, above-ground swimming pools, hot tubs, or spas will require a permit for
construction, excavation, plumbing, fencing, and electrical work. Above-ground
wading pools, fixed-in-place or on-the-ground, that contain water twenty-four (24)
inches or more in depth shall require a fence permit. A six-foot permanent fence,
wall, or bolted screen enclosure must be erected and maintained so as to completely
enclose each swimming pool, spa, or hot tub. The fence, wall, or bolted screen
enclosure must be constructed and equipped with a self-closing and latching gate, and
equipped to accommodate a locking device that shall be located on the pool side of
the gate, which must be locked when the swimming pool, spa, or hot tub is not in use.
It shall be an affirmative defense to this section that a residential swimming pool has
a power safety cover or that a spa or hot tub has a safety cover complying with
ASTM F1346.
(2001 Code, sec. 3.902)
ARTICLE 3.03 MOVING BUILDINGS xlvi*
Sec. 3.03.001
Definitions
The following terms, as used in this article, shall have the meanings respectively ascribed to
them:
New or used house, building or structure, or any assembled portion of such house, building, or
structure. Any structure, except structures not used or intended to be occupied for any purpose
except as a storage facility, said structures not to be electrically wired or provided with plumbing
facilities and which structure does not exceed eight (8) feet in height and ten (10) feet by ten (10)
feet in width and length, provided said structure complies with the city’s zoning and building
ordinances and all other applicable ordinances.
Person. Any individual person, firm, association, partnership, corporation or legal entity,
including the agent or personal representative of the same.
Street or public street. Any street, alley, avenue, lane, boulevard, drive, public place or highway
commonly used for the purpose of travel within the city.
(2001 Code, sec. 3.101)
Sec. 3.03.002
Permit required
It shall be unlawful for any person to move or relocate any new or used house, building or
structure or any assembled portion of such house, building or structure from a location within or
without the city to another location, lot or tract of land in the city without first obtaining a permit
therefor from the director of public works. (2001 Code, sec. 3.102)
Sec. 3.03.003
Application for permit; fee; issuance
(a) Any person seeking to move or relocate any new or used house, building or structure from
a location within or without the city to another location, lot or tract of land in the city shall file an
application with the director of public works requesting that he be permitted to move or relocate
a particular house, building or structure upon a lot or tract of land in the city.
(b) Upon the filing of the application, the applicant shall tender a permit fee which is to be
established by resolution of the city council. Such fee shall defray the cost of processing the
application and regulating the activity the subject matter of this article.
(c)
The application shall contain the following information:
(1)
Name, address and telephone number of the applicant.
(2)
Description and size of the house, building or structure to be moved, together with a
photograph thereof.
(3)
Legal description of the lot and the local address upon which the house, building or
structure is to be moved or relocated if a permit is granted by the director of public
works.
(4)
A written statement and certification that the applicant has secured and agrees to keep
in force during the term of the permit an insurance policy providing for bodily injury
and property damage insurance in the amounts as follows:
(A) Property damage, per accident: $100,000.00.
(B) Personal injury or death, per person: $100,000.00.
(C) Personal injury or death, per accident: $300,000.00.
Such insurance policy shall contain a provision that the coverage not be cancelled or
amended without at least thirty (30) days’ written notice being provided to the city
secretary.
(5)
A written statement and certification wherein the applicant agrees in writing to
indemnify, hold harmless and defend at its own expense the city, its officers, agents
and employees from and against any and all claims or suits for property damage
and/or personal injury, including death, of whatsoever kind or character, whether real
or asserted, arising out of or in connection with the execution, performance or
attempted performance of moving of such houses, buildings and structures governed
herein, whether or not caused, in whole or in part, by alleged negligence of officers,
agents or employees of city; and that the applicant thereby assumes all liability and
responsibility for any and all claims or suits for property damage and/or personal
injury, including death, of whatsoever kind or character, whether real or asserted,
arising out of, or in connection with, the execution, performance or attempted
performance of such moving of such house, building, or structure, whether or not
caused, in whole or in part, by alleged negligence of officers, agents or employees of
city. The applicant likewise shall covenant and agree and does thereby indemnify and
hold harmless the city from and against any and all injuries, damage or destruction of
city property arising out of, or in connection with, directly or indirectly, all acts or
omissions of the applicant, his officers, agents, employees, contractors,
subcontractors or invitees, or caused by alleged negligence, in whole or in part, of
officers, agents or employees of city.
(6)
A written statement and certification where the applicant describes the route to be
followed and the height and weight of the load to be moved.
(7)
The written statement and certification that applicant has recently surveyed the route
to be followed and has certified to the director of public works that the move can be
accomplished over such route without causing damage to public or private property.
(8)
A drawing or plan showing the dimensions of the lot or tract of land upon which the
house, building or structure is to be moved or relocated, and the location of existing
buildings or structures upon the lot, if any, together with the location of existing
buildings or structures upon adjoining lots.
(d) Upon the filing of the application, the director of public works shall investigate the
application by inspecting the house, building or structure to be moved or relocated upon the lot
or tract of land and the lot or tract of land upon which the house, building or structure is to be
located. He shall then determine as to whether the house, building or structure meets the
requirements of the building code and other applicable ordinances of the city, and whether or not
the lot and house, building or structure, if allowed to be moved onto the designated lot or tract of
land, would meet all the requirements of the building code and other applicable ordinances of the
city.
(e) The moving and relocation of houses, buildings and structures from a location outside of
the city to a location within the city or from a location within the city to another location within
the city shall require approval of the planning and zoning commission, the director of public
works, the city fire marshal, the chief of police and the city council. The moving and relocation
of houses, buildings and structures from a location within the city to a location outside of the city
or from a location outside of the city to another location also outside of the city (passing through
the city only) shall require approval only of the chief of police and the director of public works.
(f) The application shall be granted or denied based upon the location and size of the lot upon
which the house, building or structure is to be located, the size and construction of the house,
building and structure to be moved, the population density in the area, and the location and use
of buildings and structures and land in the area; provided that no request shall be granted if any
of the following conditions exist:
(1)
That the house, building or structure to be moved does not meet all of the
requirements of all applicable ordinances of the city.
(2)
That the lot or tract of land with the house, building or structure thereon would not
meet all of the requirements of the applicable ordinances of the city.
(3)
That the house, building or structure to be moved has deteriorated more than fifty
(50) percent of its original value by virtue of fire or by virtue of age or normal wear
and tear of the elements.
(4)
That the moving of such house, building or structure upon the lot or tract of land
would cause injury to persons or property or damage to the streets or other public
improvements.
(g) If the director of public works shall grant the request to move such house, building or
structure, the director of public works shall cause a special permit to be issued authorizing the
moving of such house, building or structure upon the lot or tract of land under special and
reasonable conditions, requirements or restrictions as the director of public works shall
determine.
(2001 Code, sec. 3.103)
Sec. 3.03.004
Certificate of occupancy
The director of public works shall not issue a certificate of occupancy for the use of such house,
building or structure unless and until it complies with all requirements of all applicable
ordinances of the city. (2001 Code, sec. 3.104)
Sec. 3.03.005
Exemption of governmental agencies
The United States government, the state, the county, the city, the independent school district or
any governmental agency of the federal, state, county or municipal government are hereby
exempted from complying with the provisions of this article; provided, however, that each
governmental agency desiring to move a building shall first notify the director of public works in
writing of such proposed move and secure the approval of the director of public works of such
proposed relocation of such building. (2001 Code, sec. 3.105)
Sec. 3.03.005
Conditions
A permit to move any house, building or other structure along, upon or across any street, avenue,
thoroughfare or alley in the city shall be issued by the director of public works and the chief of
police subject to the following conditions:
(1)
Insurance. The applicant must have complied with the above insurance requirements
prior to a permit being issued.
(2)
Route; time of move; stopping on public property. The route over which any house,
building or other structure is to be moved shall be subject to the approval of both the
director of public works and the chief of police. The applicant shall report to the
dispatcher of the police department on the day prior to the move concerning the time
at which the move will start, the route to be followed, and the estimated time of use of
the public streets. The move shall be continuous during all hours of the day or night
unless it is stopped by conditions beyond the control of the applicant. When a
building or structure must be stopped on public property for more than one (1) hour,
the applicant shall immediately notify the dispatcher of the police department and
take all precautionary measures necessary to insure public safety.
(3)
Driving stakes into pavement; attachments to utility poles. No stakes, poles or other
devices shall be driven into any paved portion of any street, avenue, thoroughfare or
alley; nor shall any device used in connection with the moving of any house or other
structure be attached in any way to any electric or telephone pole.
(4)
Payment of expenses of moving overhead wires. The applicant shall guarantee to the
satisfaction of the company using overhead wires, as the case may be, the payment of
all expenses in the taking down, moving, disconnecting and connecting of any and all
wires or poles in connection with the moving of any house or other structure.
(5)
Disconnection of wires carrying primary voltage. No permit shall be granted for the
moving of any house or other structure which would cause the disconnection,
cessation or disruption of service to any electric wire or wires carrying primary
voltage, except upon special permit from the city.
(6)
Moving across fire lane. No permit shall be granted for moving any house or other
structure along or across any fire lane.
(7)
Obstruction of traffic; warning lights. It shall be the duty of the mover of any house,
building or structure to use due speed and dispatch in moving such house or other
structure; and said mover shall in no case obstruct or otherwise interfere with traffic
along or across any such public street, avenue, thoroughfare or alley for a longer
period of time than is absolutely necessary under the circumstances; and said mover
shall make a report to the director of public works as to the location of such house or
other structure while same is being moved over or upon any public street, avenue,
thoroughfare or alley; and said mover shall keep such house or other structure
properly lighted at night as a warning or danger signal to the public.
(8)
Repair of property damage. As soon as possible after the building or structure has
reached its destination, the applicant shall notify the director of public works and
report any damage that has occurred to public or private property, including streets
and curbs, as a result of the move. The applicant, at the direction of the director of
public works, shall repair and/or replace, or cause to be repaired and/or replaced,
damaged or destroyed public property. Within ten (10) days after receipt of
notification from the director of public works, the applicant shall start all required
repairs and/or replacement of damaged or destroyed public property and shall
complete such repairs or replacements within ten (10) calendar days.
(9)
Failure to repair property damage; denial of future permits. When the provisions of
this article are not complied with, the city is authorized to proceed with the required
repairs and/or replacements. The city may then institute legal action to reclaim any
expenses incurred by reason of such repairs and/or replacements. The director of
public works may withhold future moving permits requested by any person because
of failure of that person to make proper repairs and/or replacements of public
property. The director of public works may further withhold any future permits
because of any failure to comply with the provisions of this article.
(2001 Code, sec. 3.106)
ARTICLE 3.04 SINGLE-FAMILY DWELLING RENTAL PERMIT
Sec. 3.04.001
Definitions
Unless a provision explicitly states otherwise, the following terms and phrases, as used in this
article, shall have the meaning hereinafter designated. Where terms are not defined, they shall
have their common usage meanings.
Dwelling unit. Any structure with one or more habitable rooms, including an efficiency unit,
which is intended to be occupied by one or more persons for living, sleeping, cooking, eating,
and sanitation purposes.
Efficiency unit. Any structure with one habitable room that contains facilities for combined
sleeping, living, cooking, eating, and sanitation purposes.
Minimum housing standard. Shall refer to the property maintenance code.
Owner. Any person holding title to a single-family dwelling unit according to the deed records in
the county clerk’s office, or the duly authorized agent of the person holding title to a
single-family dwelling unit according to the deed records in the county clerk’s office.
Person. Any individual, partnership, firm, company, corporation, association, joint stock
company, trust, estate, governmental entity, or any other legal entity, or their legal
representatives, agents, or assigns. This definition includes all federal, state, and local
governmental entities.
Rent. The offering, holding out or actual leasing of a rental unit to an occupant other than the
owner, and generally involves the payment of a rental amount, although other forms of
consideration may be involved or no consideration at all may be involved.
Single-family dwelling unit. Any dwelling designed exclusively for residential occupancy by not
more than one family, including a community-based residential home as defined by the
Community Homes for Disabled Persons Location Act, section 123.001, Texas Human
Resources Code. For the purposes of this article, “single-family dwelling unit” is to include a
duplex dwelling unit and a town home dwelling unit.
Tenant. Any person who rents or leases a rental unit for living or dwelling purposes with the
consent of the landlord.
(2001 Code, sec. 3.1801)
Sec. 3.04.002
Penalty
A person commits an offense if he/she violates by commission or omission any provision of this
article. A person who violates a provision of this article is guilty of a separate offense for each
day or portion thereof during which the violation is committed, continued, or permitted, and each
offense is punishable by a fine not to exceed two thousand dollars ($2,000.00) in accordance
with the general penalty provision found in section 1.01.009 of this code. In addition to
prohibiting and requiring certain conduct of individuals, it is the intent of this article to hold a
corporation, partnership, joint venture or other association criminally responsible for acts or
omissions performed by an agent acting on behalf of the corporation, partnership, joint venture
or other association within the course and scope of his or her employment. (2001 Code, sec.
3.1815)
Sec. 3.04.003
Permit required
No owner of a single-family dwelling unit shall rent the dwelling to a tenant without first
obtaining a single-family rental permit issued under the provisions of this article. It shall be
unlawful to submit a false or fraudulent application for a single-family rental permit. An owner
who rents a single-family dwelling knowing that a permit has not been issued for that dwelling or
who knows that the permit for that dwelling has been revoked commits an offense for each day
the dwelling is occupied by a tenant. (2001 Code, sec. 3.1802)
Sec. 3.04.004
Application
(a) An applicant for a single-family rental permit shall file with the city a written application,
on the form provided for that purpose, signed by the owner of the single-family dwelling to be
permitted. An applicant who owns more than one single-family rental property shall file a
separate application for each property. The application shall include:
(1)
The name, physical street address, telephone number, and the driver’s license or other
government-issued identification number of the owner;
(2)
The name, street address, and telephone number of any property manager of the
property for which the application is being submitted;
(3)
If the owner is other than an individual, the legal names, all trade names, the
registered agent, managing partner, or other person authorized to accept service of
process on behalf of the owner; and
(4)
The name, mailing address, and telephone number of the tenant responsible for the
dwelling, if available at the time of application.
(b) An applicant may designate on the application an agent for service of process, who shall be
the authorized agent for purposes of notice and other communications and for purposes of
regulations in this article. If an owner designates an agent for service as provided in this article,
service of any notice pursuant to this article on the designated agent shall constitute service upon
the owner, unless the director of public works or his designee receives actual notice from the
owner that the designated agent is no longer authorized to accept service on behalf of the owner.
(c) The owner shall certify that the single-family dwelling unit for which the application for a
rental permit is submitted is equipped with properly working smoke detectors in accordance with
code requirements in the city.
(2001 Code, sec. 3.1803)
Sec. 3.04.005
Filing of copies
A single-family rental permit issued pursuant to this article shall be maintained by the city with a
copy provided to the permittee. (2001 Code, sec. 3.1804)
Sec. 3.04.006
Transfer; forging or alteration; cancellation by permittee
A rental permit issued under this article is not assignable or transferable. A permit is valid only
for the premises for which it is issued. It shall be unlawful for any person to counterfeit, forge,
change, deface, or alter a permit. A permit issued pursuant to this article may be considered a
“governmental record” for purposes of chapter 37 of the Texas Penal Code, as now or hereafter
amended. A permit may be canceled upon written request of the owner(s) and surrender of the
permit to the director of public works or his designee. The surrender of the permit shall be
effective immediately upon its filing with the director of public works. (2001 Code, sec. 3.1805)
Sec. 3.04.007
Inspection of premises
The premises for which the application is submitted or for which a permit has been previously
issued shall be inspected upon initial application for a single-family rental permit or change of
occupancy or tenancy for compliance with the provisions of the property maintenance code as
follows:
(1)
Interior inspection. Single-family rental dwelling units shall be fully inspected, both
interior and exterior, by a city code enforcement officer certified by the department of
state health services, or by a city plumbing inspector licensed by the state board of
plumbing examiners (the applicant may have the inspection conducted by a private
inspector holding either the aforesaid certification or license), upon the initial
application for a single-family rental permit if the unit is unoccupied and prior to the
issuance of a single-family rental property [permit]. In the event that the single-family
rental property is occupied, such unit shall be inspected on the exterior only prior to
the issuance of a single-family rental permit. No interior inspections shall be
undertaken on occupied single-family rental units.
(2)
Exterior inspection. An exterior inspection shall be conducted by a city code
enforcement officer certified by the department of state health services, or by a city
plumbing inspector licensed by the state board of plumbing examiners (the applicant
may have the inspection conducted by a private inspector holding either the aforesaid
certification or license), upon the initial application for a single-family rental permit
and annually thereafter as long as there is no change in tenancy.
(3)
Change in tenancy. Single-family rental dwelling units shall be fully inspected
(interior and exterior) each time there is a change in tenancy in the dwelling by a city
code enforcement officer certified by the department of state health services, or by a
city plumbing inspector licensed by the state board of plumbing examiners. The
applicant, or permittee (if a permit has previously been issued for the dwelling), may
have the inspections conducted by a private inspector holding either the aforesaid
certification or license. Alternatively, the applicant or permittee may submit with the
application a valid certification of compliance. The certification of compliance shall
be signed by a person who holds a current and valid license to perform real estate
inspections issued by the state real estate commission under the provisions of chapter
1102 of the Texas Occupations Code, as now or hereafter amended. The person
signing the certification of compliance shall certify that the premises for which the
application is being made comply with the minimum housing standards contained in
this code. The certification of compliance must be dated not more than thirty days
before the date of the application. Nothing contained in this article shall be construed
to prohibit an inspection at the request of a tenant.
(4)
Reinspection. A reinspection will not be necessary if the owner (or property manager)
of the single-family rental unit submits sufficient proof to the city from which the city
is able to determine that all noted violations have been appropriately remedied or
repaired. Sufficient proof shall include an affidavit stating that the repairs have been
completed, a copy of the receipt for materials used in the repair, or a receipt for the
work done to make the repair, and photographs of the repair(s). If a reinspection is
necessary and the reinspection reveals that violations have not been corrected,
subsequent inspection shall result in reinspection fees as provided for in the fee
schedule in appendix A of this code. No permit shall be issued and no permanent
release of utilities shall be provided if, as a result of an inspection, it is determined
that the dwelling does not comply with the property maintenance code.
(2001 Code, sec. 3.1806)
Sec. 3.04.008
Release for utility services
A temporary release of utilities may be provided upon application for utilities pending a change
in tenancy inspection under the provisions of this article. A permanent release for utility services
shall not be issued unless:
(1)
The inspection reveals that the premises contain no life safety violations or critical
violations; or
(2)
The city has been requested to inspect the premises and failed to inspect the premises
within two complete business days of the city’s receipt of the request for inspection
without good cause and through no fault of the applicant.
(2001 Code, sec. 3.1807)
Sec. 3.04.009
Duration; fee
(a) Each single-family rental permit issued under this article shall be valid for one year from its
date of issuance, unless suspended or revoked.
(b) Applications for a permit shall include an annual permit fee as provided for in the fee
schedule in appendix A of this code.
(2001 Code, sec. 3.1808)
Sec. 3.04.010
Exception for temporary tenancy by past or future owner
It shall be an affirmative defense to prosecution under this article that the single-family
residential dwelling was rented or leased for a period of less than sixty days to a person who was
the immediate past owner of the dwelling or who shall be the immediate next owner of the
dwelling. (2001 Code, sec. 3.1809)
Sec. 3.04.011
Suspension
A single-family rental permit may be temporarily suspended by the city:
(1)
If a life safety violation exists on the premises of the permitted single-family
dwelling;
(2)
If, after notice and a period of correction to be determined by the director of public
works, a critical violation remains on the premises of the permitted single-family
dwelling; or
(3)
If, after a change in tenancy, the city has not received a request for inspection or
certification of compliance within 60 days of application for temporary utilities.
(2001 Code, sec. 3.1810)
Sec. 3.04.012
Reinstatement of suspended permit
A person whose permit has been suspended may, at any time, make written application for a
reinspection for the purpose of reinstating the permit. Within ten days following the receipt of a
request, which shall include a statement signed by the applicant certifying that all of the
violations that caused suspension of the permit have been corrected, the city shall make a
reinspection. Upon reinspection, if all life safety, critical, and noncritical violations have been
corrected, the permit shall be reinstated. (2001 Code, sec. 3.1811)
Sec. 3.04.013
Revocation
For serious or repeated violations of any of the requirements of this article, or for interference
with the city or any of its agents in the performance of their duties related to administration with
the city or any of its agents in the performance of their duties related to administration [sic] and
enforcement of this article, the single-family rental permit may be permanently revoked after the
city has provided an opportunity for a hearing. Prior to such action, the city shall notify the
holder of the permit in writing, stating the reasons for which the permit is subject to revocation
and advising that the permit shall be permanently revoked at the end of ten days from the service
of such notice unless a request for a hearing is filed with the city, by the permit holder, within
such ten-day period. A permit shall be suspended for cause pending its revocation or a hearing
relative thereto. (2001 Code, sec. 3.1812)
Sec. 3.04.014
Hearings
The hearings provided for in this article shall be conducted, at the option of the owner or
property manager, by the city municipal court judge at a time and place designated by the judge
of the court. Based on the record of such hearing, the judge shall make a finding and shall
sustain, modify, or rescind any official notice or order considered in the hearing. A written report
of the hearing shall be furnished to the permit holder by the city. (2001 Code, sec. 3.1813)
Sec. 3.04.015
Certification training for property owners and managers
(a) Notwithstanding the provisions of this article, a single-family rental permit shall be issued
for a period of three years, and the dwelling shall not be subject to reinspection or recertification
even in the event of a change in tenancy during that three-year term, if:
(1)
The owner (or the property manager for the dwelling) of the dwelling has completed a
certification training course provided by the director; and
(2)
The permit for the dwelling has not been suspended or revoked during the three-year
term of the extended permit authorized by this section.
(b) After the three-year term of the initial permit, the dwelling shall only be subject to
reinspection or recertification upon a change in tenancy, notwithstanding the issuance of a new
permit, provided that the owner or property manager has completed a refresher training course
provided by the director of public works.
(2001 Code, sec. 3.1814)
ARTICLE 3.05 PROPERTY MAINTENANCE CODE
Sec. 3.05.001
Title; scope
(a) Title. These regulations shall be known as the property maintenance code of the city,
hereinafter referred to as the PMC.
(b) Scope. The provisions of the PMC shall apply to all existing residential and nonresidential
structures and all existing premises and constitute minimum requirements and standards for
premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation,
protection from the elements, life safety, safety from fire and other hazards, and for safe and
sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of
existing structures and premises; and for administration, enforcement and penalties.
(2001 Code, sec. 3.1901)
Sec. 3.05.002
Applicability
(a) Generally. The provisions of the PMC shall apply to all matters affecting or relating to
structures and premises as set forth in section 3.05.001(b).
(b) Maintenance. Equipment, systems, devices and safeguards required by the PMC or a
previous regulation or code under which the structure or premises was constructed, altered or
repaired shall be maintained in good working order. No owner, operator or occupant shall cause
any service, facility, equipment or utility which is required under this article to be removed from
or shut off from or discontinued for any occupied dwelling, except for such temporary
interruption as necessary while repairs or alterations are in progress.
(c) Applicability of other codes. Repairs, additions or alterations to a structure, or changes of
occupancy, shall be done in accordance with the procedures and provisions of the existing
International Building Code. Nothing in the PMC shall be construed to cancel, modify or set
aside any provision of the existing zoning ordinance.
(d) Workmanship. Repairs, maintenance work, alterations or installations which are caused
directly or indirectly by the enforcement of the PMC shall be executed and installed in a
workmanlike manner and installed in accordance with the manufacturer’s installation
instructions.
(e) Requirements not covered by code. Requirements necessary for the strength, stability or
proper operation of an existing fixture, structure or equipment, or for the public safety, health
and general welfare, not specifically covered by the PMC, shall be determined by the code
official.
(2001 Code, sec. 3.1902)
Sec. 3.05.003
(a)
Definitions
Generally.
(1)
Scope. Unless otherwise expressly stated, the following terms shall, for the purpose
of the PMC, have the meanings shown in this section.
(2)
Rules of construction. Words stated in the present tense include the future; words
stated in the masculine gender include the feminine and neuter; the singular number
includes the plural, and the plural the singular.
(3)
Terms defined in other codes. Where terms are not defined in the PMC and are
defined in the International Building Code, International Plumbing Code,
International Mechanical Code, International Residential Code or National Electrical
Code, such terms shall have the meanings ascribed to them as in those codes.
(b)
(4)
Terms not defined. Where terms are not defined through the methods authorized by
this section, such terms shall have ordinary accepted meanings such as the context
implies.
(5)
Parts. Wherever the words “dwelling unit,” “dwelling,” “premises,” “building,”
“rooming house,” “rooming unit,” “housekeeping unit” or “story” are stated in the
PMC, they shall be construed as though they were followed by the words “or any part
thereof.”
Specific definitions.
Approved. Approved by the code official.
Basement. That portion of a building which is partly or completely below grade.
Bathroom. A room containing plumbing fixtures including a bathtub or shower.
Bedroom. A room or space used or intended to be used for sleeping purposes.
Code official. The official who is charged with the administration and enforcement of the PMC,
or any duly authorized representative.
Condemn. To adjudge unfit for occupancy.
Dwelling unit. A single unit providing complete independent living facilities for one or more
persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
Easement. That portion of land or property reserved for present or future use by a person or
agency other than the legal fee owner(s) of the property. The easement shall be permitted to be
for use under, on or above said lot or lots.
Exterior property. The open space on the premises and on adjoining property under the control
of owners or operators of such premises.
Extermination. The control and elimination of insects, rats or other pests by eliminating their
harborage places; by removing or making inaccessible materials that serve as their food; or by
poison spraying, fumigating, trapping or by any other approved pest elimination methods.
Garbage. The animal or vegetable waste resulting from the handling, preparation, cooking and
consumption of food.
Guard. A building component or a system of building components located at or near the open
sides of elevated walking surfaces that minimizes the possibility of a fall from the walking
surface to a lower level.
Habitable space. Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet
rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable
spaces.
Housekeeping unit. A room or group of rooms forming a single habitable space equipped and
intended to be used for living, sleeping, cooking and eating which does not contain, within such
a unit, a toilet, lavatory and bathtub or shower.
Imminent danger. A condition which could cause serious or life-threatening injury or death at
any time.
Infestation. The presence, within or contiguous to a structure or premises, of insects, rats, vermin
or other pests.
Inoperable motor vehicle. A vehicle which cannot be driven upon the public streets for reasons
including but not limited to being unlicensed, wrecked, dismantled, abandoned, in a state of
disrepair, or incapable of being moved under its own power.
Occupancy. The purpose for which a building or portion thereof is utilized or occupied.
Occupant. Any individual living or sleeping in a building or having possession of a space within
a building.
Operator. Any person who has charge, care or control of a structure or premises which is let or
offered for occupancy.
Owner. Any person, agent, operator, firm or corporation having a legal or equitable interest in
the property, or recorded in the official records of the state, county or municipality as holding
title to the property, or otherwise having control of the property, including the guardian of the
estate of any such person, and the executor or administrator of the estate of such person if
ordered to take possession of real property by a court.
Person. An individual, corporation, partnership or any other group acting as a unit.
Premises. A lot, plot or parcel of land, easement or public way, including any structures thereon.
Public way. Any street, alley or similar parcel of land essentially unobstructed from the ground
to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for
public use.
Rubbish. Combustible and noncombustible waste materials, except garbage; the term shall
include the residue from the burning of wood, coal, coke and other combustible materials, paper,
rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans,
metals, mineral matter, glass, crockery and dust and other similar materials.
Structure. That which is built or constructed or a portion thereof.
Tenant. A person, corporation, partnership or group, whether or not the legal owner of record,
occupying a building or portion thereof as a unit.
Workmanlike. Executed in a skilled manner, e.g., generally plumb, level, square, in line,
undamaged and without marring adjacent work.
(2001 Code, sec. 3.1912)
Sec. 3.05.004
Department of property maintenance inspection
(a) Created; code official. The department of property maintenance inspection is hereby
created, and the executive official in charge thereof shall be known as the code official. The city
director of public works shall serve as the “code official” for purposes of the PMC.
(b) Deputies. The code official shall have the authority to appoint a deputy code official or
other related technical officers and inspectors necessary to administer the PMC.
(c) Liability. The code official, officer or employee charged with the enforcement of the PMC,
while acting for the jurisdiction, shall not thereby be rendered liable personally, and is hereby
relieved from all personal liability for any damage accruing to persons or property as a result of
an act required or permitted in the discharge of official duties. Any suit instituted against any
officer or employee because of an act performed by that officer or employee in the lawful
discharge of duties and under the provisions of the PMC shall be defended by the legal
representative of the jurisdiction until the final termination of the proceedings. The code official
or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in
pursuance of the provisions of the PMC, and any officer of the city public works inspection
department, acting in good faith and without malice, shall be free from liability for acts
performed under any of its provisions or by reason of any act or omission in the performance of
official duties in connection therewith.
(d) Fees and fines. The fees and/or fines for the PMC shall be assessed in accordance with
section 1.01.009 of this code.
(2001 Code, sec. 3.1903)
Sec. 3.05.005
(a)
Powers and duties of code official
Enforcement generally. The code official shall enforce the provisions of the PMC.
(b) Rule-making authority. The code official shall have authority as necessary in the interest of
public health, safety and general welfare to adopt procedures to interpret and implement the
provisions of the PMC, to secure the intent thereof, and to designate requirements applicable
because of local climatic or other conditions. Such rules shall not have the effect of waiving
structural or fire protection requirements specifically provided for in the PMC, or of violating
accepted engineering methods involving public safety.
(c) Inspections. The code official shall make all of the required inspections, or shall accept
reports of inspection by approved agencies or individuals. All reports of such inspections shall be
in writing and be certified by a responsible officer of such approved agency or by the responsible
individual. The code official is authorized to engage such expert opinion as deemed necessary to
report upon unusual technical issues that arise, subject to the approval of the appointing
authority.
(d) Right of entry. The code official or inspector is authorized to enter the structure or premises
at reasonable times to inspect, subject to approval by the residents or property owners of the
subject property. If entry is refused or not obtained, the code official is authorized to pursue
recourse as provided by law.
(e) Code official identification. The code official shall carry proper identification when
inspecting structures or premises in the performance of duties under the PMC.
(f) Notices and orders. The code official shall issue all necessary notices or orders to ensure
compliance with the PMC.
(g) Department records. The code official shall keep official records of all business and
activities of the department specified in the provisions of the PMC. Such records shall be
retained in the official records as long as the building or structure to which such records relate
remains in existence, unless otherwise provided for by other regulations.
(h) Coordination of inspections. Whenever, in the enforcement of the PMC or another code or
ordinance, the responsibility of more than one code official of the jurisdiction is involved, it shall
be the duty of the code officials involved to coordinate their inspections and administrative
orders as fully as practicable so that the owners and occupants of the structure shall not be
subjected to visits by numerous inspectors or multiple or conflicting orders. Whenever an
inspector from any agency or department observes an apparent or actual violation of some
provision of some law or ordinance or code not within the inspector’s authority to enforce, the
inspector shall report the findings to the code official having jurisdiction.
(i) Applicability of registration, inspection and permit requirements. All requirements relating
to registration, inspection, and permits set forth in the property maintenance code shall be
applicable only to single-family rental properties and shall not be imposed on or in connection
with owner-occupied (non-rental) single-family residence structures.
(2001 Code, sec. 3.1904)
Sec. 3.05.006
Modification of standards; alternative materials, methods and equipment
(a) Modifications. Whenever there are practical difficulties involved in carrying out the
provisions of the PMC, the director of public works shall have the authority to grant
modifications for individual cases, provided the director of public works shall first find that
special individual reason makes the strict interpretation of the PMC impractical and the
modification is consistent with the intent and purpose of the PMC and that such modification
does not lessen health, life and fire safety requirements. The details of actions granting
modifications shall be recorded and entered in the department files.
(b) Alternative materials, methods and equipment. The provisions of the PMC are not intended
to prevent the installation of any material or to prohibit any method of construction not
specifically prescribed by the PMC, provided that any such alternative has been approved. An
alternative material or method of construction shall be approved where the code official finds
that the proposed design is satisfactory and complies with the intent of the provisions of the
PMC, and that the material, method or work offered is, for the purpose intended, at least the
equivalent of that prescribed in the PMC in quality, strength, effectiveness, fire resistance,
durability and safety.
(c) Required testing. Whenever there is insufficient evidence of compliance with the
provisions of the PMC, or in order to substantiate claims for alternative materials or methods, the
code official shall have the authority to require tests to be made as evidence of compliance at no
expense to the jurisdiction.
(1)
Test methods. Test methods shall be as specified in the PMC or by other recognized
test standards. In the absence of recognized and accepted test methods, the code
official shall be permitted to approve appropriate testing procedures performed by an
approved agency.
(2)
Test reports. Reports of tests shall be retained by the code official for the period
required for retention of public records.
(d) Material and equipment reuse. Materials, equipment and devices shall not be reused unless
such elements are in good repair or have been reconditioned and tested when necessary, placed
in good and proper working condition and approved.
(2001 Code, sec. 3.1905)
Sec. 3.05.007
Violations
(a) Unlawful acts. It shall be unlawful for a person, firm or corporation to be in conflict with or
in violation of any of the provisions of the PMC.
(b) Notice of violation. The code official shall serve a notice of violation or order in
accordance with section 3.05.008.
(c) Enforcement actions. Any person failing to comply with a notice of violation or order
served in accordance with section 3.05.008 shall be deemed guilty of a misdemeanor, and the
violation shall be deemed a strict liability offense. If the notice of violation is not complied with,
the code official shall institute the appropriate proceeding at law or in equity to restrain, correct
or abate such violation, or to require the removal or termination of the unlawful occupancy of the
structure in violation of the provisions of the PMC or of the order or direction made pursuant
thereto. Any action taken by the authority having jurisdiction on such premises shall be charged
against the real estate upon which the structure is located and shall be a lien upon such real
estate.
(d) Penalties. Any person who shall violate a provision of the PMC, or fail to comply
therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided
by state or local laws. Each day that a violation continues after due notice has been served shall
be deemed a separate offense.
(e) Abatement. The imposition of the penalties herein prescribed shall not preclude the legal
officer of the jurisdiction from instituting appropriate action to restrain, correct or abate a
violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal
act, conduct, business or utilization of the building, structure or premises.
(2001 Code, sec. 3.1906)
Sec. 3.05.008
Notices and orders
(a) Notice to person responsible. Whenever the code official determines that there has been a
violation of the PMC or has grounds to believe that a violation has occurred, notice shall be
given in the manner prescribed in subsections (b) and (c) of this section to the person responsible
for the violation as specified in the PMC. Notices for condemnation procedures shall also
comply with section 3.05.009(c).
(b) Form. Such notice prescribed in subsection (a) of this section shall be in accordance with
all of the following:
(c)
(1)
Be in writing.
(2)
Include a description of the property sufficient for identification.
(3)
Include a statement of the violation or violations and why the notice is being issued.
(4)
Include a correction order allowing a reasonable time to make the repairs and
improvements required to bring the dwelling unit or structure into compliance with
the provisions of the PMC.
(5)
Inform the property owner of the right to appeal.
(6)
Include a statement of the right to file a lien in accordance with section 3.05.007(c).
Method of service. Such notice shall be deemed to be properly served if a copy thereof is:
(1)
Delivered personally;
(2)
Sent by certified or first class mail addressed to the last known address; or
(3)
If the notice is returned showing that the letter was not delivered, a copy thereof shall
be posted in a conspicuous place in or about the structure affected by such notice.
(d) Penalties. Penalties for noncompliance with orders and notices shall be as set forth in
section 3.05.007(d).
(e) Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure
who has received a compliance order or upon whom a notice of violation has been served to sell,
transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until
the provisions of the compliance order or notice of violation have been complied with, or until
such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any
compliance order or notice of violation issued by the code official and shall furnish to the code
official a signed and notarized statement from the grantee, transferee, mortgagee or lessee,
acknowledging the receipt of such compliance order or notice of violation and fully accepting the
responsibility without condition for making the corrections or repairs required by such
compliance order or notice of violation.
(2001 Code, sec. 3.1907)
Sec. 3.05.009
Condemnation of structures
(a) Generally. When a structure or equipment is found by the code official to be unsafe, or
when a structure is found unfit for human occupancy, or is found unlawful, such structure shall
be condemned pursuant to the provisions of the PMC.
(1)
Unsafe structures. An unsafe structure is one that is found to be dangerous to the life,
health, property or safety of the public or the occupants of the structure by not
providing minimum safeguards to protect or warn occupants in the event of fire, or
because such structure contains unsafe equipment or is so damaged, decayed,
dilapidated, structurally unsafe or of such faulty construction or unstable foundation
that partial or complete collapse is possible.
(2)
Unsafe equipment. Unsafe equipment includes any boiler, heating equipment,
elevator, moving stairway, electrical wiring or device, flammable liquid containers or
other equipment on the premises or within the structure which is in such disrepair or
condition that such equipment is a hazard to life, health, property or safety of the
public or occupants of the premises or structure.
(3)
Structure unfit for human occupancy. A structure is unfit for human occupancy
whenever the code official finds that such structure is unsafe or unlawful or, because
of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary,
vermin- or rat-infested, contains filth and contamination, or lacks ventilation,
illumination, sanitary or heating facilities or other essential equipment required by
this code, or because the location of the structure constitutes a hazard to the occupants
of the structure or to the public.
(4)
Unlawful structure. An unlawful structure is one found in whole or in part to be
occupied by more persons than permitted under the PMC or other ordinance, or was
erected, altered or occupied contrary to law.
(b) Closing of vacant structures. If the structure is vacant and unfit for human habitation and
occupancy, and is not in danger of structural collapse, the code official is authorized to post a
placard of condemnation on the premises and order the structure closed up so as not to be an
attractive nuisance. Upon failure of the owner to close up the premises within the time specified
in the order, the code official shall cause the premises to be closed and secured through any
available public agency or by contract or arrangement by private persons and the cost thereof
shall be charged against the real estate upon which the structure is located and shall be a lien
upon such real estate and may be collected by any other legal resource.
(c) Notice. Whenever the code official has condemned a structure or equipment under the
provisions of this section, notice shall be posted in a conspicuous place in or about the structure
affected by such notice and served on the owner or the person or persons responsible for the
structure or equipment in accordance with section 3.05.008(c). If the notice pertains to
equipment, it shall also be placed on the condemned equipment. The notice shall be in the form
prescribed in section 3.05.008(b).
(d)
Placarding.
(1)
Posting of placard. Upon failure of the owner or person responsible to comply with
the notice provisions within the time given, the code official shall post on the
premises or on defective equipment a placard bearing the word “condemned” and a
statement of the penalties provided for occupying the premises, operating the
equipment or removing the placard.
(2)
Removal of placard. The code official shall remove the condemnation placard
whenever the defect or defects upon which the condemnation and placarding action
were based have been eliminated. Any person who defaces or removes a
condemnation placard without the approval of the code official shall be subject to the
penalties provided by the PMC.
(e) Occupancy prohibited. Any occupied structure condemned and placarded by the code
official shall be vacated as ordered by the code official. Any person who shall occupy a
placarded premises or shall operate placarded equipment, and any owner or any person
responsible for the premises who shall let anyone occupy a placarded premises or operate
placarded equipment, shall be liable for the penalties provided by the PMC.
(2001 Code, sec. 3.1908)
Sec. 3.05.010
Emergency measures
(a) Order to vacate premises. When, in the opinion of the code official, there is imminent
danger of failure or collapse of a building or structure which endangers life, or when any
structure or part of a structure has fallen and life is endangered by the occupation of the structure,
or when there is actual or potential danger to the building occupants or those in the proximity of
any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes,
gases or materials, or operation of defective or dangerous equipment, the code official is hereby
authorized and empowered to order and require the occupants to vacate the premises forthwith.
The code official shall cause to be posted at each entrance to such structure a notice reading as
follows: “This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code
Official.” It shall be unlawful for any person to enter such structure except for the purpose of
securing the structure, making the required repairs, removing the hazardous condition or
demolishing the same.
(b) Temporary safeguards. Notwithstanding other provisions of the PMC, whenever, in the
opinion of the code official, there is imminent danger due to an unsafe condition, the code
official shall order the necessary work to be done, including the boarding up of openings, to
render such structure temporarily safe, whether or not the legal procedure herein described has
been instituted, and shall cause such other action to be taken as the code official deems necessary
to meet such emergency.
(c) Closing of adjacent streets. When necessary for public safety, the code official shall
temporarily close structures and close, or order the authority having jurisdiction to close,
sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same
from being utilized.
(d) Emergency repairs authorized. For the purposes of this section, the code official shall
employ the necessary labor and materials to perform the required work as expeditiously as
possible.
(e) Payment of costs of emergency repairs. Costs incurred in the performance of emergency
work shall be paid by the jurisdiction. The legal counsel of the jurisdiction shall institute
appropriate action against the owner of the premises where the unsafe structure is or was located
for the recovery of such costs.
(f) Hearing. Any person ordered to take emergency measures shall comply with such order
forthwith. Any affected person shall thereafter, upon petition directed to the PMC appellate
committee, be afforded a hearing as described in this code.
(2001 Code, sec. 3.1909)
Sec. 3.05.011
Demolition order
(a) Generally. The code official shall order the owner of any premises upon which is located
any structure, which in the code official’s judgment is so old, dilapidated or has become so out of
repair to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or occupancy,
and such that it is unreasonable to repair the structure, to demolish and remove such structure; or
if such structure is capable of being made safe by repairs, to repair and make safe and sanitary or
to demolish and remove at the owner’s option; or where there has been a cessation of normal
construction and [sic] of any structure for a period of more than one year, to demolish and
remove such structure.
(b)
Form of notices and orders. All notices and orders shall comply with section 3.05.008.
(c) Failure to comply. If the owner of the premises fails to comply with a demolition order
within the time prescribed, the code official shall cause the structure to be demolished and
removed, either through an available public agency or by contract or arrangement with private
persons, and the cost of such demolition and removal shall be charged against the real estate
upon which the structure is located and shall be a lien upon such real estate.
(d) Sale of salvage materials. When any structure has been ordered demolished and removed,
the governing body or other designated officer under said contract or arrangement aforesaid shall
have the right to sell the salvage and valuable material at the highest price obtainable.
(2001 Code, sec. 3.1910)
Sec. 3.05.012
Appeals
(a) Application for appeal. Any person directly affected by a decision of the code official or a
notice or order issued under the PMC shall have the right to appeal to the PMC appellate
committee, provided that a written application for appeal is filed within 20 days after the day the
decision, notice or order was served. An application for appeal shall be based on a claim that the
true intent of the PMC or the rules legally adopted thereunder have been incorrectly interpreted,
the provisions of the PMC do not fully apply, or the requirements of the PMC are adequately
satisfied by other means.
(b) Membership of appellate committee. Members of the PMC appellate committee shall
consist of three persons residing in the city and owning real property in the city to be selected by
the mayor and approved by the city council.
(2001 Code, sec. 3.1911)
Secs. 3.05.013–3.05.040
Reserved
Division 2. Standards
Sec. 3.05.041
Scope; compliance
(a) Scope. The provisions of this division shall govern the minimum conditions and the
responsibilities of persons for maintenance of structures, equipment and exterior property.
(b)
Responsibility for compliance. The owner of the premises shall maintain the structures and
exterior of the property in compliance with these requirements, except as otherwise provided for
in this code. A person shall not occupy as owner-occupant or permit another person to occupy
premises which are not in a sanitary and safe condition and which do not comply with the
requirements of this division. Occupants of a dwelling unit, rooming unit or housekeeping unit
are responsible for maintaining the property in a clean, sanitary and safe condition [in] that part
of the dwelling unit, rooming unit, housekeeping unit or premises which they occupy and
control.
(c) Vacant structures and land. All vacant structures and premises thereof or vacant land shall
be maintained in a clean, safe, secure and sanitary condition as provided herein.
(2001 Code, sec. 3.1913)
Sec. 3.05.042
Exterior property areas
(a) Sanitation. All exterior property and premises shall be maintained in a clean, safe and
sanitary condition. The occupant shall keep that part of the exterior property which such
occupant occupies or controls in a clean and sanitary condition.
(b)
Grading and drainage.
(1)
All premises shall be graded and maintained to prevent the erosion of soil and to
prevent the accumulation of stagnant water thereon or within any structure located
thereon.
(2)
Exception: Approved retention areas and reservoirs.
(c) Driveways and parking areas. Driveways, parking spaces and similar areas shall be
maintained in a proper state of repair and maintained free from hazardous conditions.
(d) Rodent harborage. All structures and exterior property shall be kept free from rodent
harborage and infestation. Where rodents are found, an approved process shall promptly
exterminate them, which will not be injurious to human health. After extermination, proper
precautions shall be taken to eliminate rodent harborage and prevent reinfestation.
(e) Accessory structures. All accessory structures, including detached garages, fences and
walls, shall be maintained structurally sound and in good repair.
(f)
Motor vehicles.
(1)
Except as provided for in other regulations, no inoperative or unlicensed motor
vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any
time be in a state of major disassembly or disrepair, or in the process of being
stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an
approved spray booth.
(2)
Exception: A vehicle of any type is permitted to undergo major overhaul, including
body work, provided that such work is performed inside a structure or similarly
enclosed area designed and approved for such purposes.
(g) Defacement of property. No person shall willfully or wantonly damage, mutilate or deface
any exterior surface of any structure or building on any private or public property by placing
thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said
surface to an approved state of maintenance and repair.
(2001 Code, sec. 3.1914)
Sec. 3.05.043
Exterior of structure
(a) General standards. The exterior of a structure shall be maintained in good repair,
structurally sound and sanitary so as not to pose a threat to public health, safety or welfare.
(b) Protective treatment. All exterior surfaces, including but not limited to doors, door and
window frames, cornices, porches, trim, balconies, decks and fences, shall be maintained in good
condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the
elements and decay by painting or other protective covering or treatment. Peeling, flaking and
chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints, as well
as those between the building envelope and the perimeter of windows, doors, and skylights, shall
be maintained weather-resistant and watertight. All metal surfaces subject to rust or corrosion
shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be
stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from
exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this
requirement.
(c) Premises identification. Buildings shall have approved address numbers placed in a
position to be plainly legible and visible from the street or road fronting the property.
(d) Structural members. All structural members shall be maintained free from deterioration,
and shall be capable of safely supporting the imposed dead and live loads.
(e) Foundation walls. All foundation walls shall be maintained plumb and free from open
cracks and breaks.
(f) Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting
materials, and properly surface coated where required, preventing deterioration.
(g) Roof and drains. The roof and flashing shall be sound, tight and not have defects that
permit rain or water to leak or permeate into the structure. Roof drainage should be adequate to
prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains,
gutters and downspouts shall be maintained in good repair and free from obstructions. Roof
water shall not be discharged in a manner that creates a public nuisance.
(h) Decorative features. All cornices, belt courses, corbels, trim, and wall facings shall be
maintained in good repair and be properly anchored so as to be kept in a sound condition. When
repaired, all exposed surfaces of metal or wood shall be protected from the elements and against
decay or rust by periodic application of weather-coating materials such as paint or similar surface
treatments.
(i) Overhang extensions. All overhang extensions, including but not limited to canopies,
marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts, shall be maintained
in good condition.
(j) Door locks. Doors providing access to a dwelling unit, rooming unit or housekeeping unit
that is rented, leased or let shall be equipped with a deadbolt lock or locking system.
(k) Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony,
and all appurtenances attached thereto, shall be maintained in a structurally sound condition and
in good repair with proper anchorage and capable of supporting the imposed loads.
(l) Chimneys and towers. All chimneys, cooling towers, smokestacks, and similar
appurtenances shall be maintained structurally safe and sound, and in good repair.
(m) Windows, skylights and doors generally. Every window, skylight, door and frame shall be
maintained in sound condition and good repair and weathertight.
(n) Operable windows. Every window, other than a fixed window, shall be operable and
capable of being held in position by window hardware.
(2001 Code, sec. 3.1915)
Sec. 3.05.044
Interior of structure
(a) General standards. The interior of a structure and equipment therein shall be maintained in
good repair, structurally sound and in a sanitary condition. Occupants shall maintain that part of
the structure that they occupy or control in a clean and sanitary condition.
(b) Structural members. All structural members shall be maintained structurally sound, and be
capable of supporting the imposed loads.
(c) Interior surfaces. All interior surfaces, including windows and doors, shall be maintained in
good, clean and sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired,
removed or covered. Cracked or loose plaster, decayed wood, and other defective surface
conditions shall be corrected.
(d) Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other
walking surface shall be maintained in sound condition and good repair.
(e)
Handrails and guards. Every handrail and guard shall be firmly fastened and capable of
supporting a normal load for which it was designed and shall be maintained in good condition.
(f) Interior doors. Every interior door shall fit reasonably well within its frame and shall be
capable of being opened and closed by being properly and securely attached to jambs, header or
tracks as intended by the manufacturer of the attachment hardware.
(2001 Code, sec. 3.1916)
Sec. 3.05.045
Rubbish and garbage
(a) Accumulation of rubbish or garbage. All exterior property and premises and the interior of
every structure shall be free from any accumulation of rubbish or garbage.
(b) Disposal of rubbish. Every occupant of a structure shall dispose of all rubbish in a clean
and sanitary manner by placing such rubbish in approved containers.
(c) Removal of doors from refrigerators and similar equipment. Refrigerators and similar
equipment not in operation shall not be discarded, abandoned or stored on premises without first
removing the doors.
(d) Disposal of garbage. Every occupant of a structure shall dispose of garbage in a clean and
sanitary manner by placing such garbage in an approved (contractor furnished) garbage disposal
facility or approved garbage containers provided by the city contract.
(2001 Code, sec. 3.1917)
Sec. 3.05.046
Extermination of insects or rodents
(a) Required. All structures shall be maintained free from insects and rodent infestation.
Approved processes that will not be injurious to human health shall promptly exterminate all
structures in which insects or rodents are found. After extermination, proper precautions shall be
taken to prevent reinfestation.
(b) Responsibility of owner. The owner of any structure shall be responsible for extermination
within the structure prior to renting or leasing the structure.
(c) Premises with single occupant. The occupant of a one-person dwelling or a single-tenant
nonresidential structure shall be responsible for extermination on the premises.
(d) Premises with multiple occupancy. The owner of a structure containing two or more
dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be
responsible for extermination in the public or shared areas of the structure and exterior property.
(e)
Responsibility of occupant.
(1)
The occupant of any structure shall be responsible for the continued rodent- and
pest-free condition of the structure.
(2)
Exception: Where the infestations are caused by defects in the structure, the owner
shall be responsible for extermination.
(2001 Code, sec. 3.1918)
Sec. 3.05.047
Minimum mechanical and electrical requirements
(a) Scope. The provisions in sections 3.05.047 through 3.05.052 shall govern the minimum
mechanical and electrical facilities and equipment to be provided.
(b) Responsibility for compliance. The owner of the structure shall provide and maintain
mechanical and electrical facilities and equipment in compliance with these requirements. A
person shall not occupy as owner-occupant or permit another person to occupy any premises
which does not comply with the requirements of sections 3.05.047 through 3.05.052.
(2001 Code, sec. 3.1919)
Sec. 3.05.048
(a)
Heating facilities
Generally. Heating facilities shall be provided in structures as required by this section.
(b) Minimum requirement for residential occupancies. Dwellings shall be provided with
facilities capable of maintaining a room temperature of 68°F (20°C) in all habitable rooms,
bathrooms and toilet rooms based on the winter outdoor design temperature for the locality
indicated in appendix D of the International Plumbing Code, as now or hereafter amended.
Cooking appliances shall not be used to provide space heating to meet requirements of this
section.
(c) Heat supply. Every owner and operator of any building who rents, leases or lets one or
more dwelling units, rooming units, dormitories or guestrooms [shall rent such unit] on terms,
either expressed or implied, to furnish heat to the occupants.
(2001 Code, sec. 3.1920)
Sec. 3.05.049
Mechanical appliances and fuel-burning equipment
(a) Generally. All mechanical appliances, fireplaces, solid fuel burning appliances, cooking
appliances and water heating appliances shall be properly installed and maintained in a safe
working condition, and shall be capable of performing the intended function.
(b)
Removal of combustion products.
(1)
All fuel-burning equipment and appliances shall be connected to an approved
chimney or vent.
(2)
(c)
Exception: Fuel-burning equipment and appliances shall be connected to an approved
chimney for unvented operation.
Clearances. All required clearances to combustible material shall be maintained.
(d) Safety controls. All safety control fuel-burning equipment shall be maintained in effective
operation.
(e) Combustion air. A supply of air for complete combustion of the fuel and for ventilation of
the space containing the fuel-burning equipment shall be provided for the fuel-burning
equipment.
(2001 Code, sec. 3.1921)
Sec. 3.05.050
Electrical system required; correction of hazards
(a) Required. Every occupied building shall be provided with an electrical system in
compliance with the requirements of this section and section 3.05.051.
(b) Correction of hazards. Where it is found that the electrical system in a structure constitutes
a hazard to the occupants or the structure by reason of inadequate service, improper fusing,
insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or
damage, or for similar reasons, the code official shall require the defects to be corrected to
eliminate the hazard.
(2001 Code, sec. 3.1922)
Sec. 3.05.051
Standards for electrical equipment, wiring and appliances
(a) Installation. All electrical equipment, wiring and appliances shall be properly installed and
maintained in a safe and approved manner.
(b) Receptacles. Every habitable space in a dwelling shall contain at least two separate and
remote receptacle outlets. Every laundry area shall contain at least one grounded-type receptacle
or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain at least one
receptacle. Any new bathroom receptacle outlet shall have a ground fault circuit interrupter
protection.
(2001 Code, sec. 3.1923)
Sec. 3.05.052
Duct systems
Duct systems shall be maintained free from obstruction and shall be capable of performing the
required function. (2001 Code, sec. 3.1924)
ARTICLE 3.06 SEPTIC TANKS xlvii*
Sec. 3.06.001
Connection with public sewer required
All buildings situated upon any lot, tract or parcel of land within the limits of the city, the outside
line of which such lot, tract or parcel of land or any part thereof abuts upon an alley or street in
or through which a public sewer extends or is within a distance or radius of one hundred (100)
feet of such public sewer, shall be connected with such sewer. (2001 Code, sec. 3.1201)
Sec. 3.06.002
available
Construction, repair and servicing prohibited when public sewer is
(a) It shall be unlawful for any person, firm, or corporation to construct, reconstruct, repair,
clean, drain, service, or alter any septic tank, lateral or connection used therewith in the city.
(b) The above shall not apply to any septic tank, connection, or laterals now on any property
that public sewer lines are not available for use in connection with such property. This exception
shall exist until public sewer lines are made available to the respective property owners and for a
period of thirty (30) days thereafter.
(2001 Code, sec. 3.1202)
Sec. 3.06.003
Abandonment
Any person who owns or occupies any property in the city and who desires to abandon a septic
tank, connections and laterals used in connection therewith shall apply to the plumbing inspector
of the city for a permit to clean and remove the same, whereupon the plumbing inspector may, if
he determines that such septic tank, connections and laterals are to be abandoned, issue a written
permit authorizing such existing tank connections and laterals to be cleaned for the purpose of
such removal and abandonment. (2001 Code, sec. 3.1203)
ARTICLE 3.07 SIGNS xlviii*
Sec. 3.07.001
Purpose and Clarification
The sign regulations as herein established have been made for the purpose of promoting health,
safety, morals, and general welfare in the city. This article contains standards regulating the use,
size, location, construction and maintenance of signs. The intent of the regulations is to protect
values within the city, to enhance the beauty of the city and to protect the general public from
damage and injury which may be caused by the unregulated construction and placement of signs.
Notwithstanding any provision of this article to the contrary, any sign authorized by this article
may contain a noncommercial message in lieu of a commercial message. Other objectives of
these regulations are as follows:
(1)
To identify individual business, residential, and public uses without creating
confusion, unsightliness, or visual obscurity of adjacent businesses.
(2)
To assure that all signs in terms of size, scale, height and location are properly related
to the overall adjacent land use character and development lot size.
(Ordinance 1455, sec. I, adopted 10/25/10)
Sec. 3.07.002
Definitions
Area of sign. The total area within the extreme perimeter of the attraction area intended to draw
attention to the sign, including all open spaces and supports which the sign rests upon if said
supports are designed to attract attention to the sign. The area of the sign with two (2) faces
approximately opposed shall be that of the larger face if such condition prevails, but if the angle
between the planes of the faces exceeds forty-five (45) degrees the total area of the faces shall be
considered the sign area. For multi-sided or circular signs, the area shall be the total projected
area.
Arterial street. A roadway that brings traffic to or from an expressway and serves traffic within
or through the city. For the purpose of this article, only Highway 377 and Rufe Snow Drive are
considered to be an arterial street.
Billboard. Any freestanding sign, signboard or outdoor advertising display which is used for
advertising purposes or display purposes, except advertising displays used exclusively to:
(1)
Advertise the sale or lease of the property upon which such advertising displays are to
be placed;
(2)
Designate the name of the owner or the occupant of the premises upon which such
advertising display is placed, or to identify such premises; or
(3)
Advertise goods manufactured, goods produced, goods for sale or services rendered
on the property upon which such advertising display is placed.
Building line. The general outer surface, not including cornices, bay windows, or other
ornamental trim, of any main exterior wall of the building.
Changeable electronic variable message sign (CEVMS). A sign which permits light to be turned
on or off intermittently or which is operated in a manner whereby light is turned on or off
intermittently, including any illuminated sign on which such illumination is not kept stationary or
constant in intensity and color at all times when such sign is in use, including an LED (light
emitting diode) or digital sign, and which may vary in intensity or color. A CEVMS sign does
not include a sign located within the right-of-way that functions as a traffic-control device and
that is described and identified in the Manual on Uniform Traffic Control Devices (MUTCD)
approved by the Federal Highway Administrator as the national standard.
Development. Any nonresidential property improvement or properties improved as a unit with a
common parking area that is contiguous to the development.
Ground sign. A sign not wholly supported on a building or which has its main supporting
structure depending upon the ground for attachment. Construction materials shall be compatible
with other structural forms on the development lot. Elevation drawings shall be submitted for
staff review prior to the issuance of the building permit, showing construction materials and
detail.
Marquee sign. Includes any hood or awning of permanent construction projecting from the wall
of a building or other structure.
Off-premises sign. Any sign, commonly known as a billboard, that advertises a business, person,
activity, goods, products or services not located on the premises where the sign is installed and
maintained, or that directs persons to a location other than the premises where the sign is
installed and maintained.
On-premises sign. Any sign identifying or advertising the business, person, activity, goods,
products or services sold or offered for sale on the premises where the sign is installed and
maintained, when such premises is used for business purposes.
Pennant or flag. Any form of stringed pennants or flags used to draw attention to a place of
business and intended to be attached to a permanent display.
Prohibited signs. Includes the following signs:
(1)
Searchlights, twirling lights, sandwich A-frame signs, sidewalk signs or curb signs.
(2)
Signs which are attached to or painted on a vehicle, other than a vehicle the primary
purpose for which is delivery, which is parked at the business for the primary purpose
of advertising the business.
(3)
Any sign which emits sound, odor or visible matter and serves as a distraction to
persons within the public right-of-way.
Projecting sign. A sign suspended from or supported from a building or structure and projecting
out therefrom more than one foot (1').
Qualified street frontage. The width of property of a commercial or industrial development
fronting on a major or secondary thoroughfare.
Roof sign. Any sign supported by the roof of a building or placed above the apparent flat roof or
eaves of a building as viewed from any elevation.
Shopping/business center. Any nonresidential property improvement constructed as a single unit
with at least four (4) separate contiguous lease spaces, typically sharing common walls with a
common parking area.
Sign. A display board, screen, structure, object or part thereof used to announce, declare,
demonstrate, display or otherwise advertise and attract the attention of the public to any business,
service or product provided on the premises upon which the sign is placed, other than:
(1)
Official notices authorized by a court, public body or police officer; and
(2)
Direction, warning or informational signs authorized by a federal, state or municipal
authority.
Sign code application area. The corporate limits of the city and the area of its extraterritorial
jurisdiction as defined by Tex. Loc. Gov’t. Code section 42.021, as now or hereafter amended.
Sign height. The vertical distance between [ground level and] the highest part of the sign or its
supporting structure, whichever is higher.
Sign setback.
(1)
Front setback. The horizontal distance between a sign and the front lot line, as
measured from that part of the sign, including its extremities and supports, nearest to
any point on an imaginary vertical plane projecting from the front lot line.
(2)
Side setback. The distance between a sign and the side property line, except for lots
having more than one frontage, in which case such distance shall be measured from
the property line running most parallel to the sign face.
Temporary sign. A sign, banner or advertising display constructed of cloth, canvas, light fabric,
cardboard, wallboard or other light material with or without frames intended to be displayed for a
short period of time.
(1)
Portable or wheeled signs shall be considered a temporary sign regardless of whether
the sign contains letters or a message.
(2)
Balloons, fan-driven socks, or gas-filled objects shall be considered temporary signs
and shall not extend more than twenty-five feet (25') above the apparent roofline of
the building or structure to which it is attached and shall not be located within a
distance of twenty-two (22) [feet] vertical or fifteen (15) feet horizontal of any power
lines.
(3)
Display balloons, fan-driven socks, or gas-filled objects shall be permitted for a
maximum of ten (10) days in connection with the initial permit application and
display.
(4)
The maximum number of days permitted for the display balloons, fan-driven socks,
or gas-filled objects subsequent to the initial permit application shall be three (3) days
and shall not exceed four (4) applications per calendar year.
Traffic-control sign. Any sign used only to control and direct traffic on private property.
Wall sign. Any sign painted on, attached to or projecting from the wall surface of a building
(including permanent window signs on awnings and/or marquees). A wall sign shall project not
more than one (1) foot perpendicular from the wall and not above the apparent roofline or eaves
of the building or structure to which it is attached as viewed from any elevation. Not more than
twenty percent (20%) of any wall shall be devoted to wall signs, except when ground signs are
permitted but not utilized, at which time the wall devoted to the wall sign may not exceed
twenty-five percent (25%).
Zoning districts. Zoning districts referred to in this article shall be those defined in the Code of
Ordinances of the city.
(2001 Code, sec. 4.102)
Sec. 3.07.003
(a)
Permit; maintenance; removal of unsafe or unlawful signs
Permit required; restrictions.
(1)
No person shall erect, alter or add to a sign or sign structure, except as provided by
this article and unless a permit for the same has been issued by the director of public
works or other person he/she may authorize or designate. Where signs are illuminated
by electric lighting, a separate electrical permit shall be obtained as required by the
electrical code of the city.
(2)
No sign permit shall be issued for any additional signs or alterations to existing signs
until all signs on the property or development conform to the provisions of this
article.
(3)
No sign permit shall be issued for a sign that would constitute an offense under
391.031 of the Texas Transportation Code, unless the permit applicant currently holds
an outdoor advertising license issued pursuant to chapter 391 of the Texas
Transportation Code.
(2001 Code, sec. 4.103)
(b)
Official, quasi-official and directional signs.
(1)
Nothing herein contained shall prevent the erection, construction and maintenance of
official traffic, fire and police signs, signals, devices and markings of the state, city or
other appropriate governmental authorities, or posting of notices required by law.
(Ordinance 1455, sec. II, adopted 10/25/10)
(c)
(2)
Legal notices, telephone and other underground utility warning signs not exceeding
one (1) square foot in size, and other safety signs, may be erected without a permit
being issued.
(3)
Non-advertising directional or informational signs less than six (6) square feet in area
may be used without a permit in zoning districts SFA, SF6, D, MF, MH, LB, GB and
C as defined in chapter 14 of the Code of Ordinances of the city.
Application for permit; fees.
(1)
Application for a sign permit shall be made to the department of public works
accompanied by the filing fee for each development on which the sign or signs are to
be erected and shall contain or have attached thereto the following information:
(A) Name, address and telephone number of the applicant;
(B) Location of the building, structure or lot to which or upon which the sign or
advertising structure is to be attached or erected;
(C) Position of the sign or advertising structure in relation to nearby buildings or
structures;
(D) One (1) set of blueprints or ink drawings of the plans and specifications and
method of construction and attachment to the building or the ground;
(E) If required by the director of public works, a copy of stress sheets and
calculations showing the structure is designed for dead-load and wind pressure
in any direction in the amount required by this article and all other laws and
ordinances of the city. The building code of the city shall govern the design of
any structure;
(F)
Name of the person, firm, corporation or association erecting the structure or
painting the sign;
(G) Written consent of the owner of the building, structure or land to which or upon
which the structure is to be erected or sign to be painted;
(H) Any electrical permit required and issued for such sign;
(I)
Estimated sign value;
(J)
Detailed plans of all existing signs, including photos and/or other pertinent data
which will aid in the determination of the site’s conformance with this article;
(K) Such other information as the director of public works shall require to show full
compliance with this article and all other laws and ordinances of the city; and
(L) Copy of the applicant’s outdoor advertising license, if required by subsection (a)
of this section.
(2)
In addition to the filing fee, a sign permit [fee] shall be collected.
(d) Review of application by city manager. All applications for sign permits for signs which do
not conform to the provisions of this article or are located on the same property or development
with other nonconforming signs shall be submitted by the director of public works to the city
manager for review.
(e) Approval of permit by traffic engineer. If in the opinion of the director of public works the
plans and specifications indicate that the sign or sign structure may interfere with, mislead or
confuse traffic, or where a ground sign is to be placed on a corner lot, then a traffic engineer’s
certification must be submitted with the application.
(f) Issuance of permit; expiration. If it shall appear the proposed sign structure is in
compliance with all the requirements of this article and all other laws and ordinances of the city
and has received approval where necessary of the fire marshal and the traffic engineer, the
department of public works shall then issue the sign permit. If the work authorized under a sign
permit has not been completed within one hundred eighty (180) days or a proper extension
granted thereto after the date of issuance, the permit shall become null and void. Issuance of the
permit shall be conditioned upon the applicant’s acceptance of any conditions imposed thereon
by the city. No sign permit issued with conditions shall be valid until all conditions have been
satisfied by the applicant.
(g)
Maintenance requirements; removal of unsafe or unlawful signs.
(1)
Signs and sign structures, including those existing prior to adoption of this article,
shall be maintained at all times in a state of good repair, with all braces, bolts, clips,
supporting frame and fastenings free from deterioration, termite infestation, decay,
rust or structural instability, able to withstand at all times the wind pressure for which
they were originally designed.
(2)
No person maintaining any sign, sign structure or billboard shall fail to keep the
ground space within eight feet (8') from the base of said sign, signboard, billboard or
advertising structure free and clear of weeds, rubbish and other flammable waste
material.
(3)
If the director of public works or his designee shall find that any sign or other
advertising structure regulated herein is unsafe or insecure, or is a menace to the
public, or has been constructed or erected or is being maintained in violation of the
provisions of this article, and the permittee or owner fails to remove or alter the
structure so as to comply with the standards herein set forth within thirty (30) days
after such notice, then such sign or advertising structure may be removed or altered to
comply with this article at the expense of the permittee or owner of the property on
which it is located. The director of public works shall refuse to issue any subsequent
building, electrical, plumbing or mechanical permits for the property on which the
offending sign was located if any owner or permittee shall refuse to pay costs so
assessed. The director of public works may cause any sign or other advertising
structure which is an immediate peril to persons or property to be removed by giving
at least twenty-four (24) hours’ notice.
(4)
The director of public works or his designee may cause any illegal temporary sign,
including flags, pennants, banners and temporary window signs, to be removed within
a twenty-four (24) hour period.
(2001 Code, sec. 4.103)
Sec. 3.07.004
Nonconforming signs generally
(a) Any temporary sign or signs in violation of this article shall be abated within forty-eight
(48) hours after notice has been given in writing by the director of public works to the person,
persons, firm, corporation, or entity controlling the premises where such sign is located to abate
the sign or signs.
(b) The following signs and/or advertising methods shall become nonconforming on the
effective date of this article and shall be brought into compliance or removed within six months
of the effective date of this article:
(1)
Banners, pennants, searchlights, twirling lights, sandwich A-frame signs, sidewalk or
curb signs, balloons or gas-filled objects (except as permitted for grand openings and
promotional sales activities, permits for which must be obtained from the director of
public works).
(2)
Signs which are attached to or painted on a vehicle, other than a vehicle the primary
purpose for which is delivery, which is parked near the business for the primary
purpose of advertising the business.
(3)
Any sign which emits sound, odor or visible matter and serves as a distraction to
persons within the public right-of-way.
(c) All signs not covered in subsection (a) or (b) above which are in violation of other
provisions of this article shall become nonconforming. Said signs shall be brought into
compliance by alteration or removal on or before January 1, 2002, unless the height, area,
location or supports of an existing sign are altered, in which case the sign shall be brought into
compliance at the time of alteration.
(2001 Code, sec. 4.116)
Sec. 3.07.005
Five-year period for abatement of nonconforming signs
(a) A period of five (5) years subsequent to the adoption of this article is hereby established for
the abatement of signs legally existing prior to said date but which signs become nonconforming
as a result of regulations contained herein. This provision applies to signs otherwise established.
Illegally erected signs are subject to immediate abatement.
(b) Nonconforming painted wall signs are subject, in addition to other abatement procedures,
to immediate abatement when the business occupying the premises changes to a different
business or different owner necessitating repainting of the signs.
(c)
Abatement periods established herein are subject to appeal before the city council.
(2001 Code, sec. 4.121)
Sec. 3.07.006
Abatement notice
(a) The city manager or his designee is authorized to prepare and deliver notice to abate any
sign or signs in violation of this article.
(b) Notice is deemed served for the purpose of this article if delivered to any person who is an
owner or lessee of the premises on which the sign or signs are located or to any officer of any
corporation or any partner of a partnership which is operating a business on the premises on
which the sign or signs are located which violates this article and which is responsible for the
sign or signs in violation of this article.
(2001 Code, sec. 4.117)
Sec. 3.07.007
Penalty
Any person, firm, company, corporation or other organization which shall violate any provision
of this article shall be guilty of a class C misdemeanor, and on conviction may be punished by a
fine in accordance with the general penalty provision found in section 1.01.009 of this code.
(2001 Code, sec. 4.118)
Sec. 3.07.008
Responsibility for enforcement
It shall be the duty of the director of public works to enforce the provisions of this article. The
chief of police and all officers charged with the enforcement of the law shall assist the director of
public works. (2001 Code, sec. 4.119)
Sec. 3.07.009
Right of entry
Upon presentation of proper credentials, the director of public works or his duly authorized
representative may enter, at reasonable times, any building, structure, or premises in the city to
perform any duties imposed upon him by this article. (2001 Code, sec. 4.120)
Sec. 3.07.010
Variances
The board of adjustments may, on appeal from a decision of the director of public works, vary
the requirements of this article in instances where strict enforcement of these regulations would
cause undue hardship due to unique circumstances. However, any variances from the provisions
of this article shall be granted only when it is demonstrated that such action will be in keeping
with the spirit and intent of the provisions of this article. (2001 Code, sec. 4.122)
Secs. 3.07.011–3.07.040
Reserved
Division 2. Standards
Sec. 3.07.041
(a)
Number, height, area and location
Commercial and industrial signs.
(1)
For sign purposes, frontage on private streets that serve as public thoroughfares and
solely as driveways may, with city council approval, be considered qualified street
frontage.
(2)
Any one (1) development or shopping/business center may not have more than one
ground sign per development lot, subject to any exceptions contained in this article.
In the case of a development or shopping/business center which is located at the
intersection of two or more major streets, a ground sign shall be permitted with the
approval of the city council on each such street, or one sign, of the same size, height,
and setback, may be placed on the corner.
(A) Area. The area of the ground sign shall not exceed an amount equal to one
square foot per front foot lot, and in no case shall this sign area exceed two
hundred and fifty (250) square feet, with the exception of shopping/business
center signs. The area of a shopping/business center directory sign shall not
exceed thirty (30) feet per tenant up to a maximum of three hundred twenty-five
(325) feet for the entire sign, inclusive of the shopping/business center
identification.
(B) Height. The maximum height of signs located in the city shall be twenty-five
feet (25'). This limitation may be subject to any adjustment and increase of one
foot (1') in height for every one foot (1') the sign is moved back from the
original setback line. However, no sign height shall exceed thirty feet (30').
(C) Setbacks. Setback shall be calculated in all cases to property lines except as
otherwise provided herein.
(i)
Setback of sign (front). The front setback of all signs, with the exception
of shopping/business center signs, shall be seven feet (7'). Shopping/
business center signs shall be set back ten feet (10').
(ii)
Setback of sign (side). The side setback of all signs shall be ten percent
(10%) of the lot width.
(D) Projection over property line; distance from curb. The sign shall not project over
the property line of the development or over any area within ten feet (10') of the
curb of a public street or thoroughfare.
(E) Attachment to ground. Permanent attachment to the ground shall be required for
all ground signs.
(F)
(b)
(c)
Traffic visibility. The sign shall be placed so that visibility will not be
obstructed from any driveway curb cut, alley return, or driveway-alley
combination.
Roof signs. Roof signs permitted are subject to the following provisions:
(1)
One (1) roof sign may be permitted with each development in all zoning districts
except SFA, SF6, D, MF, and MH.
(2)
Roof signs shall not project over the edge of the roof or eave.
(3)
The maximum permitted area of roof signing shall be one (1) square foot of sign area
for each linear foot of property frontage, not to exceed a maximum of one hundred
(100) square feet.
(4)
The height of a roof sign shall not exceed ten feet (10') above the apparent flat roof or
eave line.
(5)
Roof sign supports should be architecturally attractive or screened from view.
Projecting signs. Projecting signs are permitted subject to the following provisions:
(1)
One (1) projecting sign may be permitted with each development in all zoning
districts except SFA, SF6, D and MF.
(2)
Projecting signs shall not project over the property line of the development or over
any area within ten feet (10') of the curb of a public street or thoroughfare.
(3)
Projection of a sign shall not extend more than four feet (4') from any wall facing.
(4)
The total permitted area of a projecting sign shall be measured as one (1) square foot
of sign area for each linear foot of property frontage, not to exceed a maximum of one
hundred (100) square feet.
(d) Theater marquees. Theater marquees need not be limited to projecting sign criteria, but
shall be subject to individual approval by the city council.
(2001 Code, sec. 4.104)
(e) Wall signs in commercial zones. Wall signs shall be permitted in any LB, GB, C, or I
zoning district development provided that:
(1)
No wall sign shall project more than one (1) foot perpendicular from the wall and
shall not project above the apparent roofline or eaves of the building or structure to
which it is attached as viewed from any elevation;
(2)
The total area of all wall signs on any one (1) wall face shall not exceed more than:
(A) Twenty (20) percent of the exposed area of the wall on which they are located;
or
(B) Twenty-five (25) percent of the exposed area of the wall on which they are
located if ground signs are permitted but not utilized.
(Ordinance 1501 adopted 7/23/12)
(f)
Pennants and flags in commercial zones.
(1)
Pennants and flags shall be permitted in any LB, GB, C, I, or M-2 zoning district
development, provided that such pennants and flags must be maintained in a good
condition with regard to color, tears, lettering, fading and weathering, and shall be
replaced at the discretion of the director of public works or his designee.
(2)
Pennants and flags shall not project over the property line or any apparent driveway
approach. However, pennants and flags may be placed over driveways or parking
areas if said pennants and flags are located a minimum of fifteen feet (15') above the
paved surface.
(2001 Code, sec. 4.104)
Sec. 3.07.042
General standards
(a) Interference with or obstruction of exit, windows, etc. No sign shall be erected in such a
manner that any portion of its surface or supports will interfere in any way with the free use of
any fire escape, exit, standpipe, or windows or obstruct any required ventilator or door stairway.
(b)
Encroachment permit.
(1)
No sign permit shall be issued for any sign or billboard which encroaches upon or
over any city owned or controlled property unless an encroachment permit therefor is
obtained from the city council or state agency in charge.
(2)
No encroachment permit for any sign or billboard shall be issued unless in the
opinion of the director of public works the erection and maintenance of said sign shall
not imperil the health, safety and welfare of the public. Any such permit may be
issued subject to such conditions as the city council deems to be reasonably necessary
for the protection of the public.
(c) Projection over private property. No sign may project more than six inches (6") from the
face of a building over private property used or intended to be used by the general public, unless
there is a minimum of eight feet (8') clearance from the bottom of the sign to the sidewalk or
grade immediately below the sign, or a minimum of fourteen feet (14') clearance from the bottom
of the sign to a vehicular trafficway immediately below the sign.
(d) Memorial signs and historical tablets. Memorial signs and historical tablets or plates
commemorating a historical event or a memorial to a deceased person may be used with any
building if not exceeding two (2) square feet in area and permanently fastened to the building
surface; provided, however, larger signs may be permitted with approval by the city council.
(e) Vehicle signs. No sign or advertising shall be erected or attached to any vehicle except for
signs painted directly on or mounted directly to the surface of the vehicle. No roof-mounted or
projecting signs shall be permitted except:
(1)
Those roof-mounted signs utilized by an ongoing business concern in the furtherance
of business and so long as such roof-mounted sign, due to its size, lighting and
configuration, does not constitute a hazard to traffic or safety; and
(2)
Temporary signs used for political advertising.
All vehicles which have signs or advertising shall be in working order and shall have current
registration and inspection stickers, and shall be regularly used for business transportation
purposes.
(2001 Code, sec. 4.105)
(f)
Reserved. (Ordinance 1455, sec. III, adopted 10/25/10)
(g) Lighting. Signs may be illuminated or nonilluminated. Illumination may be either by
internal, internal direct or indirect lighting as defined in subsections (1), (2) and (3) below.
Lighting shall be so installed as to avoid any glare or reflection into adjacent property, or onto a
street or alley to create a traffic hazard. When not necessary for security purposes, it is suggested
that lighting be turned off as soon after business hours as is reasonable, especially for signs in
close proximity to residential areas.
(1)
Internal lighting means a source of illumination entirely within the sign which makes
the contents of the sign visible at night by means of the light being transmitted
through a translucent material but wherein the source of the illumination is not
visible.
(2)
Internal-indirect lighting means a source of illumination entirely within the sign
(generally a freestanding letter) which makes the sign visible at night by means of
lighting the background upon which the freestanding character is mounted. The
character itself shall be opaque, and thus will be silhouetted against the background.
The source of illumination shall not be visible.
(3)
Indirect lighting means a source of external illumination located a distance away from
the sign, which lights the sign, but which is itself not visible to persons viewing the
sign from any normal position of view.
(h) Rotating moving, flashing, changing or blinking signs. Rotating, moving, flashing,
changing, or blinking signs shall not be permitted. However, message signs (for example, time
and temperature, etc.) may be permitted as approved by the director of public works or his
designee, giving adequate consideration to traffic safety hazards and other issues related to the
public welfare posed by the size and location of the proposed sign.
(i) Prohibition of new off-premises signs. From and after the effective date, no new
construction permit shall be issued for the erection of an off-premises sign, including but not
limited to a new off-premises CEVMS or the conversion of an existing non-CEVMS
off-premises sign to a CEVMS, within the sign code application area.
(j) Prohibition of changeable electronic variable message signs. No CEVMS shall be allowed
within the sign code application area.
(2001 Code, sec. 4.105)
Sec. 3.07.043
Temporary signs and portable signs
(a) No person may erect a temporary sign or portable sign as defined in section 3.07.002
without a permit obtained from the director of public works. Further, no temporary or portable
sign may be used to advertise any trade, business or event other than that engaged in by the
applicant. Permits are not transferable.
(b) No temporary sign or portable sign shall be erected or placed to advertise a business,
industry or pursuit except on the premises where the business, industry or pursuit is conducted.
(c) No temporary sign or portable sign shall be erected or placed on any public property or
right-of-way, utility pole, light pole, or traffic-control sign or pole.
(d) No temporary sign or portable sign may be displayed for more than thirty (30) days per
permit received and approved. No permit shall be issued to an individual, business, or
organization for a temporary sign or portable sign until thirty (30) days have passed since the
expiration of any previous temporary sign or portable sign permit issued to that same individual,
business or organization. However, when street or roadway construction or renovation has
impacted ingress and/or egress to a business premises, the city manager may authorize that a
permit be issued without the necessity of requisite fees allowing the display of a temporary sign,
portable sign or banner announcing alternative ingress and egress and/or other issues relating to
or resulting from the construction or renovation of the street or roadway for any number of days
specified by the city manager. The city manager may also direct that a temporary sign permit be
issued regardless of the number of days that have elapsed since the expiration of any previous
temporary sign permit held by the individual, business or organization seeking the new permit.
(e) A maximum of six (6) temporary or portable sign permits per year (with a minimum
thirty-day period between applications) may be issued to any one individual, business, or
organization.
(f)
Temporary signs and portable signs shall not exceed seventy (70) square feet in area.
(g) No temporary sign or portable sign shall be erected or placed within twenty feet (20') of the
curb or street except for those which may be mounted on the wall of a building which is closer
than twenty feet (20') to the curb or street. In no case shall a temporary sign be erected within
one hundred street frontage feet (100') of a previously authorized temporary sign.
(h) No temporary sign or portable sign may be created or placed in any location wherein the
location of the sign could constitute a potential safety or traffic hazard.
(i) No wheeled sign or portable sign shall be displayed that is not operable or has broken
exterior parts.
(2001 Code, sec. 4.106)
Sec. 3.07.044
Real estate signs
Permits shall not be required for the following types of real estate signs:
(1)
One (1) temporary sign announcing the offering for sale or lease of individually
platted residential property on which it is placed shall be allowed in any district and
may be placed on any such lot or in any yard. Such sign shall not exceed eight (8)
square feet in area and shall be removed within one (1) week following the close of
the sale or lease.
(2)
On nonresidential commercial property where there is a business building, one (1)
temporary unlighted sign offering all or a portion of the same for sale or lease shall be
allowed against any wall of the business building. Such sign shall be no taller than the
wall and shall have an area no larger than one hundred (100) square feet.
(3)
On undeveloped property, or commercial property occupied by an ongoing
commercial business or enterprise, temporary unlighted signs offering the same for
sale or lease shall be allowed. Such signs shall be located at least twenty feet (20')
behind any curb or ten feet (10') behind any property line, whichever is greater, and
shall not exceed fifteen feet (15') in height. The total area of all sign message surfaces
of all such signs shall not exceed one (1) square foot per one (1) linear foot of street
frontage of the property for sale or one hundred (100) square feet on each street
fronting such property, whichever is smaller. Only one (1) sign per street frontage
shall be permitted.
(2001 Code, sec. 4.107)
(4)
Six (6) unlighted directional “open house” signs not to exceed six (6) square feet with
one (1) pennant per sign, may be located on property other than the property which is
to be rented, leased or sold, during daylight hours only, and shall be permitted
without the issuance of a sign permit; provided, however, that such signs shall not be
located on public property, upon a public right-of-way or within the center divider
median of any roadway or be located at any location which interferes with the view of
traffic at any intersection or driveway. (Ordinance 1455, sec. IV, adopted 10/25/10)
Sec. 3.07.045
(a)
Subdivision and new development signs
Standards; time limit.
(1)
These signs are used for identification of a new project, such as subdivisions, new
buildings, and public projects. Such signs are not permanent but may be required for a
longer period of time than most temporary signs. Such signs may be located on any
private property within the same zoning district or any zoning district which allows
the type of project being advertised. In no event shall there be more than one (1)
on-site and one (1) off-site sign for a project and such signs shall be removed at the
end of three (3) years or completion of the project, whichever comes first. Extension
to the three-year limitation may be granted by the director of public works if:
(A) A substantial portion of the development is not yet completed;
(B) The development has building activity in progress; and
(C) The sign is located (or relocated) to a position which is not offensive to the
completed portions of the development.
(2)
These signs shall not exceed twenty feet (20') in height and shall be located at least
twenty feet (20') behind the curb of any street, outside any visibility triangle, and not
within any parking area, and they shall not exceed two hundred (200) square feet in
area.
(b) Permit required. A sign permit is required for subdivision or new development signs
erected or placed in accordance with the provisions of subsection (a).
(2001 Code, sec. 4.108)
Sec. 3.07.046
Trade construction signs
Trade construction signs may be approved at the discretion of the director of public works to
advertise the various construction trades on any construction site. Trade construction signs shall
be removed before a certificate of occupancy is issued. (2001 Code, sec. 4.109)
Sec. 3.07.047
Political signs
Unlighted political signs (including portable or trailer signs) that do not contain any moving
elements that support an announced candidate, a party or an issue shall be allowed in any district
without a sign permit, subject to the following restrictions:
(1)
Political signs shall be located only on private property with the permission of the
owner. Political signs shall not be affixed to trees, shrubbery or vegetation on public
property. Political signs shall not be affixed to utility poles, public light poles, traffic
signal poles or traffic or street sign fixtures. Political signs shall not be placed at a
location on private property where an easement or other encumbrance allows the city
to use the property for a public purpose. However, this subsection does not prohibit
an individual from carrying or displaying political signs, nametags, badges, banners
or other political or campaign materials on public property so long as such activity is
conducted in accordance with chapter 61 and chapter 85 of the Texas Election Code,
as now or hereafter amended;
(2)
Political signs on private property shall not have a height of more than eight feet (8');
(3)
Political signs on private property shall not have an effective area greater than
thirty-six square feet (36 sq.');
(4)
The following notice must be written on all political signs:
NOTICE: IT IS A VIOLATION OF STATE LAW (CHAPTERS 392 AND 393,
TRANSPORTATION CODE), TO PLACE THIS SIGN IN THE RIGHT-OF-WAY
OF A HIGHWAY.
Sec. 3.07.048
Civic and religious signs
Temporary signs advertising the civic or religious events of civic or religious organizations
located within the city may be erected or placed on the organization’s property or on private
property only after obtaining a permit pursuant to section 3.07.043 of this article. There shall be
no fee for the permit. If placed on private property, the organization must provide proof of the
private property owner’s approval when applying for the permit. (2001 Code, sec. 4.111;
Ordinance 1455, sec. V, adopted 10/25/10)
Sec. 3.07.049
Garage sale signs
Temporary unlighted signs announcing the holding of a sale of household possessions at a place
of residence shall be allowed in any zoning district without permit subject to the following
restrictions:
(1)
Garage sale signs shall be located on private property only. Garage sale signs shall
not be permitted on any public property or right-of-way, nor on any utility, light,
traffic-signal or sign pole;
(2)
Sign area shall not exceed six (6) square feet; and
(3)
Signs shall not be posted more than five (5) days prior to the beginning of the sale,
and shall be removed within twenty-four (24) hours following the end of the sale.
(2001 Code, sec. 4.112)
Sec. 3.07.050
Structural requirements
The construction of all signs shall comply with structural requirements of the city building code,
unless specifically excluded in any other section of this article. (2001 Code, sec. 4.113)
Sec. 3.07.051
(a)
Billboards
New billboards prohibited. A new billboard may not be constructed in the city.
(b) Billboard advertising permit. No existing billboard may be maintained within the city
unless the owner or lessee of the billboard has obtained a billboard advertising permit from the
director of public works or his duly authorized representative. The director of public works shall
supply the permit application form. The permit fee shall be as set forth in the fee schedule in
appendix A of this code as now or hereafter amended. The billboard advertising permit shall be
valid for a period of one year, but shall automatically terminate if the sign is not maintained with
the requirements of the city codes and state regulations or if it is removed for any reason.
Billboard advertising permits are not transferable.
(c) Location. A billboard may only be placed adjacent to an arterial street as defined in section
3.07.002, in all zoning districts except SFA, SF6, D and MF.
(2001 Code, sec. 4.114)
Sec. 3.07.052
Obnoxious signs exploiting sex prohibited
(a) Visual depiction of sexual areas of human form prohibited. No sign or signs as defined in
this article, including temporary signs, which in whole or in part display the human buttocks,
areas of the human buttocks, genitals, pubic areas or any portion of the female breast below the
top of the nipple shall be maintained, erected, or placed upon or adjacent to the outside of any
building where it is visible from public streets or from adjacent buildings or premises.
(b) Use of words connoting erotic entertainment prohibited. No sign or signs as defined in this
article, including any temporary signs, which in whole or part advertise any “topless,”
“bottomless,” or “nude” entertainment and which use the words “nude,” “topless,” “bottomless,”
“naked,” or words of like import, except that the words “adult entertainment” or “adult shows,”
will be permissible, shall be maintained, erected, or placed upon or adjacent to the outside of any
building where it is visible from public streets or from adjacent buildings or premises.
(c) Declaration of nuisance. Any sign in violation of subsections (a) and (b) is declared a
public nuisance.
(2001 Code, sec. 4.115)
ARTICLE 3.08 EROSION AND SEDIMENT CONTROL
Sec. 3.08.001
Definitions
Certified contractor. A person who has received training and is licensed by the city, the TCEQ,
or the EPA to inspect and maintain erosion and sediment control practices.
Clearing. Any activity that removes the vegetative surface cover.
Drainageway. Any channel that conveys surface runoff throughout the site.
Erosion and sediment control plan. A set of plans prepared by or under the direction of a
licensed control plan professional engineer indicating the specific measures and sequencing to be
used to control sediment and erosion on a development site during and after construction.
Erosion control. A measure that prevents erosion.
Grading. Excavation or fill of material, including the resulting conditions thereof.
Perimeter control. A barrier that prevents sediment from leaving a site by filtering
sediment-laden runoff or diverting it to a sediment trap or basin.
Phasing. Clearing a parcel of land in distinct phases, with the stabilization of each phase
completed before the clearing of the next phase.
Sediment control. Measures that prevent eroded sediment from leaving the site.
Site. A parcel of land or a contiguous combination thereof where grading work is performed as a
single unified operation.
Site development permit. A permit issued by the municipality for the construction or alteration of
ground improvements and structures for the control of erosion, runoff, and grading.
Stabilization. The use of practices that prevent exposed soil from eroding.
Start of construction. The first land-disturbing activity associated with a development, including
land preparation such as clearing, grading, and filling; installation of streets and walkways;
excavation for basements, footings, piers, or foundations; erection of temporary forms; and
installation of accessory buildings such as garages.
Watercourse. Any body of water, including but not limited to lakes, ponds, rivers, streams, and
bodies of water delineated by the city.
Waterway. A channel that directs surface runoff to a watercourse or to the public storm drain.
(2001 Code, sec. 3.1601)
Sec. 3.08.002
Permit required; application requirements
(a) No person shall be granted a site development permit for land-disturbing activity that
would require the uncovering of 10,000 or more square feet without the approval of an erosion
and sediment control plan by the city.
(b)
No site development permit is required for the following activities:
(1)
Any emergency activity that is immediately necessary for the protection of life,
property, or natural resources.
(2)
Existing nursery and agricultural operations conducted as a permitted main or
accessory use.
(c) Each application shall bear the name(s) and address(es) of the owner(s) or developer(s) of
the site, and of any consulting firm retained by the applicant together with the name of the
applicant’s principal contact at such firm, and shall be accompanied by a filing fee.
(1)
Each application shall include a statement that any land clearing, construction, or
development involving the movement of earth shall be in accordance with the erosion
and sediment control plan and that a certified contractor shall be on-site on all days
when construction or grading activity takes place.
(2)
The applicant will be required to file with the city public works director a faithful
performance bond, letter of credit, or other improvement security in an amount
deemed sufficient by the city public works director to cover all costs of
improvements, landscaping and maintenance of improvements for a period of two (2)
years, and engineering and inspection costs to cover the cost of failure or repair of
improvements installed on the site.
(2001 Code, sec. 3.1602)
Sec. 3.08.003
Review and approval of permit application
The city shall review each application for a site development permit to determine its
conformance with the provisions of this article. Within thirty (30) days after receiving an
application, the city public works director shall, in writing:
(1)
Approve the permit application;
(2)
Approve the permit application subject to such reasonable conditions as may be
necessary to secure the objectives of this article, and issue the permit subject to these
conditions; or
(3)
Disapprove the permit application, indicating the reason(s) and procedure for
submitting a revised application and/or submission.
(2001 Code, sec. 3.1603)
Sec. 3.08.004
(a)
(b)
Erosion and sediment control plan
The erosion and sediment control plan shall include the following:
(1)
A natural resources map identifying soils, forest cover, and resources protected under
other chapters of this code. This map should be at a scale no smaller than 1" = 100'.
(2)
A sequence of construction of the development site, including stripping and clearing,
rough grading, construction of utilities, infrastructure, buildings, final grading and
landscaping. Sequencing shall identify the expected date on which clearing will
begin, the estimated duration of exposure of cleared areas, areas of clearing,
installation of temporary erosion and sediment control measures, and establishment of
permanent vegetation.
(3)
All erosion and sediment control measures necessary to meet the objectives of this
local regulation throughout all phases of construction and after completion of
development of the site. Depending upon the complexity of the project, the drafting
of intermediate plans may be required at the close of each season.
(4)
Seeding mixtures and rates, types of sod, method of seedbed preparation, expected
seeding dates, type and rate of lime and fertilizer application, and kind and quantity of
mulching for both temporary and permanent vegetative control measures.
(5)
Provisions for maintenance of control facilities, including easements and estimates of
the cost of maintenance.
Modifications to the plan shall be processed and approved or disapproved in the same
manner as section 3.08.003 of this article. Modifications may be authorized by the city public
works director by written authorization to the permittee, and shall include:
(1)
Major amendments of the erosion and sediment control plan submitted to the city
public works director.
(2)
Field modifications of a minor nature.
(2001 Code, sec. 3.1604)
Sec. 3.08.005
Design requirements
(a) Grading, erosion control practices, sediment control practices, and waterway crossings
shall meet the design criteria set forth in the most recent version of the 1997 Uniform Building
Code, and shall be adequate to prevent transportation of sediment from the site subject to written
approval by the director of public works of the city. Cut and fill slopes shall be no greater than a
2:1 ratio, except as approved by the city public works director to meet other community or
environmental objectives.
(b) Clearing and grading of natural resources, such as forests and wetlands, shall not be
permitted, except when in compliance with all ordinances and regulations of the city. Clearing
techniques that retain natural vegetation and drainage patterns, as described in the 1997 Uniform
Building Code and/or the city subdivision ordinance, shall be utilized subject to the approval of
the city public works director.
(c) Clearing, except that necessary to establish sediment control devices, shall not begin until
all sediment control devices have been installed and have been stabilized.
(d) Phasing shall be required on all sites disturbing an area greater than 20 acres, with the size
of each phase to be established at plan review and as approved by the city public works director.
(e)
Erosion control requirements shall include the following:
(1)
Soil stabilization shall be completed within five days of clearing or inactivity in
construction.
(2)
If seeding or another vegetative erosion control method is used, it shall become
established within two weeks or the city public works director may require the site to
be reseeded or a nonvegetative option employed.
(3)
Special techniques that meet the design criteria outlined in the 1997 Uniform
Building Code and/or the city subdivision ordinance for steep slopes or drainageways
shall be utilized to ensure stabilization.
(4)
Soil stockpiles must be stabilized or covered at the end of each workday.
(f)
(g)
(h)
(5)
The entire site must be stabilized, using a heavy mulch layer or another method that
does not require germination to control erosion, at the close of the construction
season.
(6)
Techniques shall be employed to prevent the blowing of dust or sediment from the
site.
(7)
Techniques that divert upland runoff past disturbed slopes shall be employed.
Sediment control requirements shall include:
(1)
Settling basins, sediment traps, or tanks and perimeter controls.
(2)
Settling basins that are designed in a manner that allows adaptation to provide
long-term stormwater management, if required by the city public works director.
(3)
Protection for adjacent properties by the use of a vegetated buffer strip in
combination with perimeter controls.
Waterway and watercourse protection requirements shall include:
(1)
A temporary stream crossing, installed and approved by the city public works director
or his designee, if a wet watercourse will be crossed regularly during construction.
(2)
Stabilization of the watercourse channel before, during, and after any in-channel
work.
(3)
All on-site stormwater conveyance channels designed according to the criteria
outlined in the 1997 Uniform Building Code and/or the city subdivision ordinance.
(4)
Stabilization adequate to prevent erosion located at the outlets of all pipes and paved
channels.
Construction site access requirements shall include:
(1)
A temporary access road provided at all sites; and
(2)
Other measures required by the city in order to ensure that sediment is not tracked
onto public streets by construction vehicles or washed into storm drains.
(2001 Code, sec. 3.1605)
Sec. 3.08.006
Inspections
(a) The city public works director or his designated agent shall make inspections as hereinafter
required and either shall approve that portion of the work completed or shall notify the permittee
wherein the work fails to comply with the erosion and sediment control plan as approved. Plans
for grading, stripping, excavating, and filling work bearing the stamp of approval of the city shall
be maintained at the site during the progress of the work. To obtain inspections, the permittee
shall notify the city public works department at least two working days before the following:
(1)
Start of construction;
(2)
Installation of sediment and erosion measures;
(3)
Completion of site clearing;
(4)
Completion of rough grading;
(5)
Completion of final grading;
(6)
Close of the construction season; or
(7)
Completion of final landscaping.
(b) The permittee or his/her agent shall make regular inspections of all control measures in
accordance with the inspection schedule outlined on the approved erosion and sediment control
plan(s). The purpose of such inspections will be to determine the overall effectiveness of the
control plan and the need for additional control measures. All inspections shall be documented in
written form and submitted to the city public works department within the time interval specified
in the approved permit.
(c) The city or its designated agent shall enter the property of the applicant as necessary to
make regular inspections to ensure the validity of the reports filed under subsection (b) above.
(2001 Code, sec. 3.1606)
Sec. 3.08.007
Enforcement
(a) Suspension or revocation of permit; issuance of citation. In the event that any person
holding a site development permit pursuant to this article violates the terms of the permit or
implements site development in such a manner as to have a materially adverse effect on the
health, welfare, or safety of persons residing or working in the neighborhood or development site
so as to be materially detrimental to the public welfare or injurious to property or improvements
in the neighborhood, the city may suspend or revoke the site development permit or issue
citations for violations.
(b) Violations; penalty. No person shall construct, enlarge, alter, repair, or maintain any
grading, excavation, or fill, or cause the same to be done, contrary to or in violation of any terms
of this article. Any person, partnership or corporation violating any of the provisions of this
article shall be deemed guilty of a misdemeanor, and each day during which any violation of any
of the provisions of this article is committed, continued, or permitted shall constitute a separate
offense. Upon conviction of any such violation, such person, partnership, or corporation shall be
punished by a fine in accordance with the general penalty provision in section 1.01.009 of this
code. In addition to any other penalty authorized by this section, any person, partnership, or
corporation convicted of violating any of the provisions of this article shall be required to bear
the expense of such restoration.
(2001 Code, sec. 3.1607)
ARTICLE 3.09 FLOOD DAMAGE PREVENTION xlix*
Sec. 3.09.001
Statutory authorization
The legislature of the state has, in the Flood Control Insurance Act, Texas Water Code, section
16.315, delegated the responsibility to local governmental units to adopt regulations designed to
minimize flood losses. Therefore, the city does ordain the following. (2001 Code, sec. 3.2001)
Sec. 3.09.002
Findings of fact
(a) The flood hazard areas of the city are subject to periodic inundation, which results in loss
of life and property, health and safety hazards, disruption of commerce and governmental
services, and extraordinary public expenditures for flood protection and relief, all of which
adversely affect the public health, safety and general welfare.
(b) These flood losses are created by the cumulative effect of obstructions in floodplains which
cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by
uses vulnerable to floods and hazardous to other lands because they are inadequately elevated,
floodproofed or otherwise protected from flood damage.
(2001 Code, sec. 3.2002)
Sec. 3.09.003
Statement of purpose
It is the purpose of this article to promote the public health, safety and general welfare and to
minimize public and private losses due to flood conditions in specific areas by provisions
designed to:
(1)
Protect human life and health;
(2)
Minimize expenditure of public money for costly flood control projects;
(3)
Minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
(4)
Minimize prolonged business interruptions;
(5)
Minimize damage to public facilities and utilities such as water and gas mains,
electric, telephone and sewer lines, streets and bridges located in floodplains;
(6)
Help maintain a stable tax base by providing for the sound use and development of
floodprone areas in such a manner as to minimize future flood blight areas; and
(7)
Insure that potential buyers are notified that property is in a flood area.
(2001 Code, sec. 3.2003)
Sec. 3.09.004
Methods of reducing flood losses
In order to accomplish its purposes, this article uses the following methods:
(1)
Restrict or prohibit uses that are dangerous to health, safety or property in times of
flood, or cause excessive increases in flood heights or velocities;
(2)
Require that uses vulnerable to floods, including facilities which serve such uses, be
protected against flood damage at the time of initial construction;
(3)
Control the alteration of natural floodplains, stream channels, and natural protective
barriers, which are involved in the accommodation of floodwaters;
(4)
Control filling, grading, dredging and other development which may increase flood
damage;
(5)
Prevent or regulate the construction of flood barriers which will unnaturally divert
floodwaters or which may increase flood hazards to other lands.
(2001 Code, sec. 3.2004)
Sec. 3.09.005
Definitions
Unless specifically defined below, words or phrases used in this article shall be interpreted to
give them the meaning they have in common usage and to give this article its most reasonable
application.
Alluvial fan flooding. Flooding occurring on the surface of an alluvial fan or similar landform
which originates at the apex and is characterized by high-velocity flows; active processes of
erosion, sediment transport, and deposition; and unpredictable flow paths.
Apex. A point on an alluvial fan or similar landform below which the flow path of the major
stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.
Appurtenant structure. A structure which is on the same parcel of property as the principal
structure to be insured and the use of which is incidental to the use of the principal structure.
Area of future conditions flood hazard. The land area that would be inundated by the 1 percent
annual chance (100-year) flood based on future conditions hydrology.
Area of shallow flooding. A designated AO, AH, AR/AO, AR/AH, or VO zone on a
community’s flood insurance rate map (FIRM) with a 1 percent or greater annual chance of
flooding to an average depth of 1 to 3 feet where a clearly defined channel does not exist, where
the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is
characterized by ponding or sheet flow.
Area of special flood hazard. The land in the floodplain within a community subject to a 1
percent or greater chance of flooding in any given year. The area may be designated as zone A
on the flood hazard boundary map (FHBM). After detailed rate-making has been completed in
preparation for publication of the FIRM, zone A usually is refined into zone A, AO, AH, A1-30,
AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, V1-30, VE or V.
Base flood. The flood having a 1 percent chance of being equaled or exceeded in any given year.
Base flood elevation (BFE). The elevation shown on the flood insurance rate map (FIRM) and
found in the accompanying flood insurance study (FIS) for zones A, AE, AH, A1-A30, AR,
V1-V30, or VE that indicates the water surface elevation resulting from the flood that has a 1%
chance of equaling or exceeding that level in any given year, also called the base flood.
Basement. Any area of the building having its floor subgrade (below ground level) on all sides.
Breakaway wall. A wall that is not part of the structural support of the building and is intended
through its design and construction to collapse under specific lateral loading forces, without
causing damage to the elevated portion of the building or supporting foundation system.
Critical feature. An integral and readily identifiable part of a flood protection system, without
which the flood protection provided by the entire system would be compromised.
Development. Any man-made change to improved and unimproved real estate, including but not
limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or
drilling operations or storage of equipment or materials.
Elevated building. For insurance purposes, a non-basement building which has its lowest
elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or
columns.
Existing construction. For the purposes of determining rates, structures for which the start of
construction commenced before the effective date of the FIRM or before January 1, 1975, for
FIRMs effective before that date. Existing construction may also be referred to as existing
structures.
Existing manufactured home park or subdivision. A manufactured home park or subdivision for
which the construction of facilities for servicing the lots on which the manufactured homes are to
be affixed (including, at a minimum, the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
Expansion to an existing manufactured home park or subdivision. The preparation of additional
sites by the construction of facilities for servicing the lots on which the manufactured homes are
to be affixed (including the installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads).
Flood or flooding. A general and temporary condition of partial or complete inundation of
normally dry land areas from:
(1)
The overflow of inland or tidal waters.
(2)
The unusual and rapid accumulation or runoff of surface waters from any source.
Flood elevation study. An examination, evaluation and determination of flood hazards and, if
appropriate, corresponding water surface elevations, or an examination, evaluation and
determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.
Flood insurance rate map. An official map of a community, on which the Federal Emergency
Management Agency has delineated both the special flood hazard areas and the risk premium
zones applicable to the community.
Flood insurance study (FIS). See “Flood elevation study.”
Flood protection system. Those physical structural works for which funds have been authorized,
appropriated, and expended and which have been constructed specifically to modify flooding in
order to reduce the extent of the area within a community subject to a special flood hazard and
the extent of the depths of associated flooding. Such a system typically includes hurricane tidal
barriers, dams, reservoirs, levees or dikes. These specialized flood-modifying works are those
constructed in conformance with sound engineering standards.
Floodplain or floodprone area. Any land area susceptible to being inundated by water from any
source (see definition of flooding).
Floodplain management. The operation of an overall program of corrective and preventive
measures for reducing flood damage, including but not limited to emergency preparedness plans,
flood control works and floodplain management regulations.
Floodplain management regulations. Zoning ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance
and erosion control ordinance) and other applications of police power. The term describes such
state or local regulations, in any combination thereof, which provide standards for the purpose of
flood damage prevention and reduction.
Floodproofing. Any combination of structural and nonstructural additions, changes, or
adjustments to structures which reduce or eliminate flood damage to real estate or improved real
property, water and sanitary facilities, structures and their contents.
Floodway. See “Regulatory floodway.”
Functionally dependent use. A use which cannot perform its intended purpose unless it is located
or carried out in close proximity to water. The term includes only docking facilities, port
facilities that are necessary for the loading and unloading of cargo or passengers, and ship
building and ship repair facilities, but does not include long-term storage or related
manufacturing facilities.
Highest adjacent grade. The highest natural elevation of the ground surface prior to construction
next to the proposed walls of a structure.
Historic structure. Any structure that is:
(1)
Listed individually in the National Register of Historic Places (a listing maintained by
the Department of the Interior) or preliminarily determined by the Secretary of the
Interior as meeting the requirements for individual listing on the National Register;
(2)
Certified or preliminarily determined by the Secretary of the Interior as contributing
to the historical significance of a registered historic district or a district preliminarily
determined by the Secretary to qualify as a registered historic district;
(3)
Individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of the Interior; or
(4)
Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either:
(A) By an approved state program as determined by the Secretary of the Interior; or
(B) Directly by the Secretary of the Interior in states without approved programs.
Levee. A man-made structure, usually an earthen embankment, designed and constructed in
accordance with sound engineering practices to contain, control, or divert the flow of water so as
to provide protection from temporary flooding.
Levee system. A flood protection system which consists of a levee, or levees, and associated
structures, such as closure and drainage devices, which are constructed and operated in
accordance with sound engineering practices.
Lowest floor. The lowest floor of the lowest enclosed area (including basement). An unfinished
or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in
an area other than a basement area is not considered a building’s lowest floor, provided that such
enclosure is not built so as to render the structure in violation of the applicable non-elevation
design requirement of section 60.3 of the National Flood Insurance Program regulations.
Manufactured home. A structure, transportable in one or more sections, which is built on a
permanent chassis and is designed for use with or without a permanent foundation when
connected to the required utilities. The term “manufactured home” does not include a
recreational vehicle.
Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into
two or more manufactured home lots for rent or sale.
Mean sea level. For purposes of the National Flood Insurance Program, the North American
Vertical Datum (NAVD) of 1988, or other datum, to which base flood elevations shown on a
community’s flood insurance rate map are referenced.
New construction. For the purpose of determining insurance rates, structures for which the start
of construction commenced on or after the effective date of an initial FIRM or after December
31, 1974, whichever is later, and includes any subsequent improvements to such structures. For
floodplain management purposes, new construction means structures for which the start of
construction commenced on or after the effective date of a floodplain management regulation
adopted by a community and includes any subsequent improvements to such structures.
New manufactured home park or subdivision. A manufactured home park or subdivision for
which the construction of facilities for servicing the lots on which the manufactured homes are to
be affixed (including, at a minimum, the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads) is completed on or after the effective
date of floodplain management regulations adopted by a community.
Recreational vehicle. A vehicle which is:
(1)
Built on a single chassis;
(2)
400 square feet or less when measured at the largest horizontal projections;
(3)
Designed to be self-propelled or permanently towable by a light-duty truck; and
(4)
Designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use.
Regulatory floodway. The channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than a designated height.
Riverine. Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
Special flood hazard area. See “Area of special flood hazard.”
Start of construction. For other than new construction or substantial improvements under the
Coastal Barrier Resources Act (Pub. L. 97-348), includes substantial improvement and means the
date the building permit was issued, provided the actual start of construction, repair,
reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of
the permit date. The actual start means either the first placement of permanent construction of a
structure on a site, such as the pouring of slab or footings, the installation of piles, the
construction of columns, or any work beyond the stage of excavation; or the placement of a
manufactured home on a foundation. Permanent construction does not include land preparation,
such as clearing, grading and filling; nor does it include the installation of streets and/or
walkways; nor does it include excavation for basement, footings, piers or foundations or the
erection of temporary forms; nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units or not part of the main
structure. For a substantial improvement, the actual start of construction means the first alteration
of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
Structure. For floodplain management purposes, a walled and roofed building, including a gas or
liquid storage tank, that is principally above ground, as well as a manufactured home.
Substantial damage. Damage of any origin sustained by a structure whereby the cost of restoring
the structure to its before-damaged condition would equal or exceed 50 percent of the market
value of the structure before the damage occurred.
Substantial improvement. Any reconstruction, rehabilitation, addition, or other improvement of a
structure, the cost of which equals or exceeds 50 percent of the market value of the structure
before start of construction of the improvement. This term includes structures which have
incurred substantial damage, regardless of the actual repair work performed. The term does not,
however, include either:
(1)
Any project for improvement of a structure to correct existing violations of state or
local health, sanitary, or safety code specifications which have been identified by the
local code enforcement official and which are the minimum necessary to assure safe
living conditions; or
(2)
Any alteration of a historic structure, provided that the alteration will not preclude the
structure’s continued designation as a historic structure.
Variance. A grant of relief by a community from the terms of a floodplain management
regulation. (For full requirements see section 60.6 of the National Flood Insurance Program
regulations.)
Violation. The failure of a structure or other development to be fully compliant with the
community’s floodplain management regulations. A structure or other development without the
elevation certificate, other certifications, or other evidence of compliance required in section
60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) [of the National Flood Insurance
Program regulations] is presumed to be in violation until such time as that documentation is
provided.
Water surface elevation. The height, in relation to the North American Vertical Datum (NAVD)
of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the
floodplains of coastal or riverine areas.
(2001 Code, sec. 3.2005)
Sec. 3.09.006
Lands to which this article applies
This article shall apply to all areas of special flood hazard within the jurisdiction of the city.
(2001 Code, sec. 3.2006)
Sec. 3.09.007
Basis for establishing areas of special flood hazard
The areas of special flood hazard identified by the Federal Emergency Management Agency in
the current scientific and engineering report entitled “The Flood Insurance Study (FIS) for
Tarrant County, Texas and Incorporated Areas,” dated September 25, 2009, with accompanying
flood insurance rate maps dated September 25, 2009, and any revisions thereto are hereby
adopted by reference and declared to be a part of this article. (2001 Code, sec. 3.2007)
Sec. 3.09.008
Establishment of development permit
A floodplain development permit shall be required to ensure conformance with the provisions of
this article. (2001 Code, sec. 3.2008)
Sec. 3.09.009
Compliance
No structure or land shall hereafter be located, altered, or have its use changed without full
compliance with the terms of this article and other applicable regulations. (2001 Code, sec.
3.2009)
Sec. 3.09.010
Abrogation and greater restrictions
This article is not intended to repeal, abrogate, or impair any existing easements, covenants, or
deed restrictions. However, where this article and another ordinance, easement, covenant, or
deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall
prevail. (2001 Code, sec. 3.2010)
Sec. 3.09.011
Interpretation
In the interpretation and application of this article, all provisions shall be:
(1)
Considered as minimum requirements;
(2)
Liberally construed in favor of the governing body; and
(3)
Deemed neither to limit nor repeal any other powers granted under state statutes.
(2001 Code, sec. 3.2011)
Sec. 3.09.012
Warning and disclaimer of liability
The degree of flood protection required by this article is considered reasonable for regulatory
purposes and is based on scientific and engineering considerations. On rare occasions greater
floods can and will occur and flood heights may be increased by man-made or natural causes.
This article does not imply that land outside the areas of special flood hazards or uses permitted
within such areas will be free from flooding or flood damages. This article shall not create
liability on the part of the community or any official or employee thereof for any flood damages
that result from reliance on this article or any administrative decision lawfully made hereunder.
(2001 Code, sec. 3.2012)
Sec. 3.09.013
Penalty
No structure or land shall hereafter be constructed, located, extended, converted, or altered
without full compliance with the terms of this article and other applicable regulations. Violation
of the provisions of this article by failure to comply with any of its requirements (including
violations of conditions and safeguards established in connection with conditions) shall
constitute a misdemeanor. Any person who violates this article or fails to comply with any of its
requirements shall upon conviction thereof be fined not more than $2,000.00 for each violation,
and in addition shall pay all costs and expenses involved in the case. Each day a violation occurs
is a separate offense. Nothing herein contained shall prevent the city from taking such other
lawful action as is necessary to prevent or remedy any violation. (2001 Code, sec. 3.2013)
Secs. 3.09.014–3.09.040
Reserved
Division 2. Administration
Sec. 3.09.041
Designation of floodplain administrator
The public works director or designee is hereby appointed the floodplain administrator to
administer and implement the provisions of this article and other appropriate sections of 44 CFR
(Emergency Management and Assistance - National Flood Insurance Program Regulations)
pertaining to floodplain management. (2001 Code, sec. 3.2031)
Sec. 3.09.042
Duties and responsibilities of floodplain administrator
Duties and responsibilities of the floodplain administrator shall include, but not be limited to, the
following:
(1)
Maintain and hold open for public inspection all records pertaining to the provisions
of this article.
(2)
Review permit applications to determine whether to ensure that the proposed building
site project, including the placement of manufactured homes, will be reasonably safe
from flooding.
(3)
Review, approve or deny all applications for development permits required by
adoption of this article.
(4)
Review permits for proposed development to assure that all necessary permits have
been obtained from those federal, state or local governmental agencies (including
section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33
U.S.C. 1334) from which prior approval is required.
(5)
Where interpretation is needed as to the exact location of the boundaries of the areas
of special flood hazards (for example, where there appears to be a conflict between a
mapped boundary and actual field conditions), the floodplain administrator shall
make the necessary interpretation.
(6)
Notify, in riverine situations, adjacent communities and the state coordinating agency,
which is the state water development board (TWDB), and also the state commission
on environmental quality (TCEQ), prior to any alteration or relocation of a
watercourse, and submit evidence of such notification to the Federal Emergency
Management Agency.
(7)
Assure that the flood-carrying capacity within the altered or relocated portion of any
watercourse is maintained.
(8)
When base flood elevation data has not been provided in accordance with section
3.09.007, the floodplain administrator shall obtain, review and reasonably utilize any
base flood elevation data and floodway data available from a federal, state or other
source, in order to administer the provisions of division 3 of this article.
(9)
When a regulatory floodway has not been designated, the floodplain administrator
must require that no new construction, substantial improvements, or other
development (including fill) shall be permitted within zones A1-30 and AE on the
community’s FIRM, unless it is demonstrated that the cumulative effect of the
proposed development, when combined with all other existing and anticipated
development, will not increase the water surface elevation of the base flood more than
one foot at any point within the community.
(10) Under the provisions of 44 CFR chapter 1, section 65.12, of the National Flood
Insurance Program regulations, a community may approve certain development in
zones A1-30, AE, and AH on the community’s FIRM which increases the water
surface elevation of the base flood by more than 1 foot, provided that the community
first completes all of the provisions required by section 65.12.
(2001 Code, sec. 3.2032)
Sec. 3.09.043
Permit procedures
(a) Application for a floodplain development permit shall be presented to the floodplain
administrator on forms furnished by him/her and may include, but not be limited to, plans in
duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape
alterations, existing and proposed structures, including the placement of manufactured homes,
and the location of the foregoing in relation to areas of special flood hazard. Additionally, the
following information is required:
(1)
Elevation (in relation to mean sea level) of the lowest floor (including basement) of
all new and substantially improved structures;
(2)
Elevation in relation to mean sea level to which any nonresidential structure shall be
floodproofed;
(3)
A certificate from a registered professional engineer or architect that the
nonresidential floodproofed structure shall meet the floodproofing criteria of section
3.09.072;
(4)
Description of the extent to which any watercourse or natural drainage will be altered
or relocated as a result of proposed development;
(5)
Maintain a record of all such information in accordance with section 3.09.042.
(b) Approval or denial of a floodplain development permit by the floodplain administrator
shall be based on all of the provisions of this article and the following relevant factors:
(1)
The danger to life and property due to flooding or erosion damage;
(2)
The susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner;
(3)
The danger that materials may be swept onto other lands to the injury of others;
(4)
The compatibility of the proposed use with existing and anticipated development;
(5)
The safety of access to the property in times of flood for ordinary and emergency
vehicles;
(6)
The costs of providing governmental services during and after flood conditions,
including maintenance and repair of streets and bridges, and public utilities and
facilities such as sewer, gas, electrical and water systems;
(7)
The expected heights, velocity, duration, rate of rise and sediment transport of the
floodwaters and the effects of wave action, if applicable, expected at the site;
(8)
The necessity to the facility of a waterfront location, where applicable;
(9)
The availability of alternative locations, not subject to flooding or erosion damage,
for the proposed use.
(2001 Code, sec. 3.2033)
Sec. 3.09.044
Variance procedures
(a) The appeal board, as established by the community, shall hear and render judgment on
requests for variances from the requirements of this article.
(b) The appeal board shall hear and render judgment on an appeal only when it is alleged there
is an error in any requirement, decision, or determination made by the floodplain administrator in
the enforcement or administration of this article.
(c) Any person or persons aggrieved by the decision of the appeal board may appeal such
decision in the courts of competent jurisdiction.
(d) The floodplain administrator shall maintain a record of all actions involving an appeal and
shall report variances to the Federal Emergency Management Agency upon request.
(e) Variances may be issued for the reconstruction, rehabilitation or restoration of structures
listed on the National Register of Historic Places or the state inventory of historic places, without
regard to the procedures set forth in the remainder of this article.
(f) Variances may be issued for new construction and substantial improvements to be erected
on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures
constructed below the base flood level, providing the relevant factors in section 3.09.043(b) of
this article have been fully considered. As the lot size increases beyond the 1/2 acre, the technical
justification required for issuing the variance increases.
(g) Upon consideration of the factors noted above and the intent of this article, the appeal
board may attach such conditions to the granting of variances as it deems necessary to further the
purpose and objectives of this article (section 3.09.003).
(h) Variances shall not be issued within any designated floodway if any increase in flood levels
during the base flood discharge would result.
(i)
Variances may be issued for the repair or rehabilitation of historic structures upon a
determination that the proposed repair or rehabilitation will not preclude the structure’s
continued designation as a historic structure and the variance is the minimum necessary to
preserve the historic character and design of the structure.
(j)
Prerequisites for granting variances:
(1)
Variances shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief.
(2)
Variances shall only be issued upon:
(A) A showing of good and sufficient cause;
(B) A determination that failure to grant the variance would result in exceptional
hardship to the applicant; and
(C) A determination that the granting of a variance will not result in increased flood
heights, additional threats to public safety, or extraordinary public expense,
create nuisances, cause fraud on or victimization of the public, or conflict with
existing local laws or ordinances.
(3)
Any applicant to which a variance is granted shall be given written notice that the
structure will be permitted to be built with the lowest floor elevation below the base
flood elevation, and that the cost of flood insurance will be commensurate with the
increased risk resulting from the reduced lowest floor elevation.
(k) Variances may be issued by a community for new construction and substantial
improvements and for other development necessary for the conduct of a functionally dependent
use provided that:
(1)
The criteria outlined in subsections (a) through (i) above are met; and
(2)
The structure or other development is protected by methods that minimize flood
damages during the base flood and create no additional threats to public safety.
(2001 Code, sec. 3.2034)
Secs. 3.09.045–3.09.070
Reserved
Division 3. Flood Hazard Reduction Standards
Sec. 3.09.071
General standards
In all areas of special flood hazards, the following provisions are required for all new
construction and substantial improvements:
(1)
All new construction or substantial improvements shall be designed (or modified) and
adequately anchored to prevent flotation, collapse or lateral movement of the
structure resulting from hydrodynamic and hydrostatic loads, including the effects of
buoyancy;
(2)
All new construction or substantial improvements shall be constructed by methods
and practices that minimize flood damage;
(3)
All new construction or substantial improvements shall be constructed with materials
resistant to flood damage;
(4)
All new construction or substantial improvements shall be constructed with electrical,
heating, ventilation, plumbing, and air conditioning equipment and other service
facilities that are designed and/or located so as to prevent water from entering or
accumulating within the components during conditions of flooding;
(5)
All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of floodwaters into the system;
(6)
New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of floodwaters into the system and discharge from the systems
into floodwaters; and
(7)
On-site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
(2001 Code, sec. 3.2051)
Sec. 3.09.072
Specific standards
In all areas of special flood hazards where base flood elevation data has been provided as set
forth in section 3.09.007, section 3.09.042(8), or section 3.09.073(c), the following provisions
are required:
(1)
Residential construction. New construction and substantial improvement of any
residential structure shall have the lowest floor (including basement) elevated to at or
above the base flood elevation. A registered professional engineer, architect, or land
surveyor shall submit a certification to the floodplain administrator that the standard
of this subsection, as proposed in section 3.09.043(a)(1), is satisfied.
(2)
Nonresidential construction. New construction and substantial improvements of any
commercial, industrial or other nonresidential structure shall either have the lowest
floor (including basement) elevated to or above the base flood level or, together with
attendant utility and sanitary facilities, be designed so that below the base flood level
the structure is watertight with walls substantially impermeable to the passage of
water and with structural components having the capability of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy. A registered professional engineer
or architect shall develop and/or review structural design, specifications, and plans for
the construction, and shall certify that the design and methods of construction are in
accordance with accepted standards of practice as outlined in this subsection. A
record of such certification which includes the specific elevation (in relation to mean
sea level) to which such structures are floodproofed shall be maintained by the
floodplain administrator.
(3)
Enclosures. New construction and substantial improvements with fully enclosed areas
below the lowest floor that are usable solely for parking of vehicles, building access
or storage in an area other than a basement and which are subject to flooding shall be
designed to automatically equalize hydrostatic flood forces on exterior walls by
allowing for the entry and exit of floodwaters. Designs for meeting this requirement
must either be certified by a registered professional engineer or architect or meet or
exceed the following minimum criteria:
(A) A minimum of two openings on separate walls having a total net area of not less
than 1 square inch for every square foot of enclosed area subject to flooding
shall be provided.
(B) The bottom of all openings shall be no higher than 1 foot above grade.
(C) Openings may be equipped with screens, louvers, valves, or other coverings or
devices provided that they permit the automatic entry and exit of floodwaters.
(4)
Manufactured homes.
(A) Require that all manufactured homes to be placed within zone A on a
community’s FHBM or FIRM shall be installed using methods and practices
which minimize flood damage. For the purposes of this requirement,
manufactured homes must be elevated and anchored to resist flotation, collapse,
or lateral movement. Methods of anchoring may include, but are not limited to,
use of over-the-top or frame ties to ground anchors. This requirement is in
addition to applicable state and local anchoring requirements for resisting wind
forces.
(B) Require that manufactured homes that are placed or substantially improved
within zones A1-30, AH, and AE on the community’s FIRM on sites:
(i)
Outside of a manufactured home park or subdivision;
(ii)
In a new manufactured home park or subdivision;
(iii) In an expansion to an existing manufactured home park or subdivision; or
(iv) In an existing manufactured home park or subdivision on which a
manufactured home has incurred substantial damage as a result of a flood;
be elevated on a permanent foundation such that the lowest floor of the
manufactured home is elevated to or above the base flood elevation and be
securely anchored to an adequately anchored foundation system to resist
flotation, collapse, and lateral movement.
(C) Require that manufactured homes being placed or substantially improved on
sites in an existing manufactured home park or subdivision within zones A1-30,
AH and AE on the community’s FIRM that are not subject to the provisions of
subsection (4) of this section be elevated so that either:
(5)
(i)
The lowest floor of the manufactured home is at or above the base flood
elevation; or
(ii)
The manufactured home chassis is supported by reinforced piers or other
foundation elements of at least equivalent strength that are no less than 36
inches in height above grade and be securely anchored to an adequately
anchored foundation system to resist flotation, collapse, and lateral
movement.
Recreational vehicles. Require that recreational vehicles placed on sites within zones
A1-30, AH, and AE on the community’s FIRM either:
(A) Be on the site for fewer than 180 consecutive days;
(B) Be fully licensed and ready for highway use; or
(C) Meet the permit requirements of section 3.09.043(a) and the elevation and
anchoring requirements for manufactured homes in subsection (4) of this
section.
A recreational vehicle is ready for highway use if it is on its wheels or jacking
system, is attached to the site only by quick-disconnect type utilities and security
devices, and has no permanently attached additions.
(2001 Code, sec. 3.2052)
Sec. 3.09.073
Standards for subdivision proposals
(a) All subdivision proposals, including the placement of manufactured home parks and
subdivisions, shall be consistent with sections 3.09.002, 3.09.003, and 3.09.004 of this article.
(b) All proposals for the development of subdivisions, including the placement of
manufactured home parks and subdivisions, shall meet floodplain development permit
requirements of section 3.09.008 and section 3.09.043 and the provisions of division 3 of this
article.
(c) Base flood elevation data shall be generated for subdivision proposals and other proposed
development, including the placement of manufactured home parks and subdivisions, which is
greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to section
3.09.007 or section 3.09.042(8) of this article.
(d) Base flood elevation data shall be generated by a detailed engineering study for all zone A
areas, within 100 feet of the contour lines of zone A areas, and other streams not mapped by
FEMA, as indicated on the community’s FIRM.
(e) All subdivision proposals, including the placement of manufactured home parks and
subdivisions, shall have adequate drainage provided to reduce exposure to flood hazards.
(f) All subdivision proposals, including the placement of manufactured home parks and
subdivisions, shall have public utilities and facilities such as sewer, gas, electrical and water
systems located and constructed to minimize or eliminate flood damage.
(2001 Code, sec. 3.2053)
Sec. 3.09.074
Standards for areas of shallow flooding (AO/AH zones)
Located within the areas of special flood hazard established in section 3.09.007 are areas
designated as shallow flooding. These areas have special flood hazards associated with flood
depths of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is
unpredictable, and where velocity flow may be evident. Such flooding is characterized by
ponding or sheet flow; therefore, the following provisions apply:
(1)
All new construction and substantial improvements of residential structures have the
lowest floor (including basement) elevated to or above the base flood elevation or the
highest adjacent grade at least as high as the depth number specified in feet on the
community’s FIRM (at least 2 feet if no depth number is specified).
(2)
All new construction and substantial improvements of nonresidential structures:
(A) Have the lowest floor (including basement) elevated to or above the base flood
elevation or the highest adjacent grade at least as high as the depth number
specified in feet on the community’s FIRM (at least 2 feet if no depth number is
specified); or
(B) Together with attendant utility and sanitary facilities be designed so that below
the base specified flood depth in an AO zone, or below the base flood elevation
in an AH zone, level the structure is watertight with walls substantially
impermeable to the passage of water and with structural components having the
capability of resisting hydrostatic and hydrodynamic loads of effects of
buoyancy.
(3)
A registered professional engineer or architect shall submit a certification to the
floodplain administrator that the standards of this section, as proposed in section
3.09.043, are satisfied.
(4)
Require within zone AH or AO adequate drainage paths around structures on slopes,
to guide floodwaters around and away from proposed structures.
(2001 Code, sec. 3.2054)
Sec. 3.09.075
Floodways
Located within the areas of special flood hazard established in section 3.09.007 are areas
designated as floodways. Since the floodway is an extremely hazardous area due to the velocity
of floodwaters, which carry debris, potential projectiles and erosion potential, the following
provisions shall apply:
(1)
Encroachments are prohibited, including fill, new construction, substantial
improvements and other development, within the adopted regulatory floodway, unless
it has been demonstrated through hydrologic and hydraulic analyses performed in
accordance with standard engineering practice that the proposed encroachment would
not result in any increase in flood levels within the community during the occurrence
of the base flood discharge.
(2)
If subsection (1) above is satisfied, all new construction and substantial improvements
shall comply with all applicable flood hazard reduction provisions of division 3.
(3)
Under the provisions of 44 CFR chapter 1, section 65.12, of the National Flood
Insurance Program regulations, a community may permit encroachments within the
adopted regulatory floodway that would result in an increase in base flood elevations,
provided that the community first completes all of the provisions required by section
65.12.
(2001 Code, sec. 3.2055)
ARTICLE 3.10 MOBILE HOME PARKS
Sec. 3.10.001
Definitions
Building official. A person authorized by the city to perform the duties described herein.
Licensee. A person to whom a license for construction and/or operation and maintenance of a
park has been issued.
Mobile home. A portable structure originally built with wheels for road transport, and equipped
with such facilities for cooking and sanitation to permit its use as a self-contained and permanent
dwelling.
Mobile home space. The ground area allocated for occupancy by one (1) mobile home in the
layout of a park.
Nonconforming use. A use of land or structures, lawful before enactment of this article but not in
compliance with the regulations herein ordained.
Off-street parking space. An unobstructed area of ten feet (10') by eighteen feet (18') dimensions,
allocated for parking a vehicle in the layout of a park.
Park. A plot of ground upon which two (2) or more mobile homes, occupied as dwellings, are
located.
Permittee. A person to whom a nonconforming use permit for operation and maintenance of a
park has been issued.
Person. Any natural individual, corporation, or legal entity.
(2001 Code, sec. 10.501)
Sec. 3.10.002
Design and construction
(a) Size of park; spacing and clearance for mobile homes. The minimum size of a park shall be
one-half (1/2) acre. A mobile home space shall be at least three (3) times larger than the mobile
home to be placed thereon and no less than three thousand (3,000) square feet in area. Such
spaces shall be clearly delineated on the ground in accordance with the layout plan submitted
with the license application. A minimum clearance of thirty feet (30') between mobile homes
shall be provided and a minimum clearance of ten feet (10') between any mobile home and a
park boundary that does not abut upon a public street; where a park boundary abuts upon a
public street, no mobile home shall be closer thereto than twenty-five feet (25').
(b) Off-street parking spaces. At least two (2) such spaces shall be provided for each mobile
home space and one (1) such space additional for each four (4) mobile home spaces.
Construction shall be as prescribed in subsection (c) below.
(c)
Streets and walkways.
(1)
Every mobile home park shall have direct access from a public street and each mobile
home space shall have direct access to a public street or to an internal street. Where
an internal street provides access, the same shall be dedicated to the public as an
emergency access easement to allow for the rapid and safe movement of vehicles
used for the purpose of providing emergency health or public safety purposes. Each
emergency access easement shall have a clear unobstructed width of at least fifteen
feet (15'), and shall connect at each end to a dedicated street, or shall have a
turnaround of minimum sixty feet (60') diameter. Within parks with twenty (20) or
more mobile home spaces, the internal streets shall be named, and mobile home
spaces numbered to conform to block numbers on adjacent public streets. Street signs
shall be of a color and size contrasting with those on public streets so that there is no
confusion regarding which are private and which are public streets. These signs and
numbers shall be of standard size and placement to facilitate location by emergency
vehicles. Such streets shall be hard-surfaced (asphalt or concrete).
(2)
All parks shall provide walkways of minimum thirty inches (30") width for pedestrian
access to each mobile home from a street. In parks having twenty (20) or more mobile
home spaces, the walkways and parking spaces shall be hard-surfaced (asphalt or
concrete); in smaller parks, the city council may, at its discretion, permit other
“all-weather” construction for streets, walkways, and parking spaces.
(d) Electrical service. An electrical service connection shall be provided for each mobile home
space. Design and construction of the park electrical system shall conform to the city’s electrical
code.
(e) Water supply. An adequate supply of potable water shall be supplied to each mobile home
space through piping conforming with the city’s plumbing code, and an outdoor hydrant shall be
installed at each mobile home space, at least four inches (4") above the ground.
(f) Sewage disposal. Each mobile home space shall be provided with a sewer riser pipe of
minimum of four inches (4") diameter. The individual sewer connections and all other elements
in the park sewer system shall conform to the city’s plumbing code. Disposal shall be into the
city’s sewer system unless an exception is granted by the city council permitting disposal by
other means that conform in design and construction with all applicable codes and regulations of
the city, the county and the state.
(g) Drainage. The park shall be so located and graded as to drain away all surface water in a
safely efficient manner. Accumulations of stagnant water will not be permitted.
(h) Fire protection; skirting. Service buildings (office, laundry facilities, repair shops, etc.)
shall be provided with emergency fire extinguishing apparatus of such types and sizes as may be
prescribed by the city fire chief. Fire resistant skirting with the necessary vents, screens and/or
openings shall be installed on each mobile home within ten (10) days after its emplacement in
the park. To insure compliance by the mobile home owner with this requirement, the licensee or
permittee shall make such compliance, and confirmation thereof by the city fire chief, a
condition in the agreement for rental of a mobile home space.
(i) Fuel supply. Gas piping systems shall be installed underground in accordance with the
applicable codes and regulations. Gas outlets shall be capped when the mobile home spaces they
serve are vacant. Natural gas shall be supplied except that a liquefied petroleum gas system may
be installed if the nearest available natural gas supply is more than one thousand feet (1,000')
from the park. LPG systems shall conform to applicable codes and regulations by the state
railroad commission pertaining thereto.
(j) Extensions of mobile homes. No structural extension shall be attached to a mobile home in
violation of the spacing and clearance requirements of subsection (a). An extension that does not
violate these requirements may be installed if it meets the following requirements:
(1)
Metal, fire resistive, double wall panels with mechanically connected joints; materials
and construction conform to city building code minimum standards.
(2)
Length no greater than that of mobile home to which it is accessory.
(3)
To be dismantled on removal from the park of the mobile home to which it is
accessory.
(k) Anchorage and foundation for mobile homes. Anchorage and foundation for each mobile
home shall conform to requirements of the Texas Mobile Home Standard Code for a
Nonhurricane Zone, a copy of which is on file with the city secretary. The licensee or permittee
shall make compliance with this provision a condition for rental of a mobile home space, and
noncompliance shall constitute a nonconforming use, subject to the clauses of section 3.10.042.
(2001 Code, sec. 10.507)
Sec. 3.10.003
Operation and maintenance; register of occupancy
(a) The licensee or permittee shall keep up to date and have available for inspection at the park
a register of park occupancy that shall contain the following information:
(1)
Name and legal address of park residents.
(2)
Mobile home registration date, including make, length, width, year of manufacture
and identification number.
(3)
Location of each mobile home by space number or, in parks to which the
street-naming requirements of section 3.10.002(c) apply, by street name and number.
(b) A new register shall be initiated on January 1st each year and the old register shall be
retained on the park premises for at least three (3) years thereafter.
(c) Within ten (10) days after the first day of January each year, the licensee or permittee shall
furnish to the city tax assessor-collector a list of all mobile homes resident in the park on the first
day of January. The list shall contain the owner’s name and address, the make, length, width,
year of manufacture and identification number of the mobile home, and the description of said
mobile home within the park.
(d)
Within ten (10) days after the first day of July of each year, a licensee and permittee shall
furnish to the city tax assessor-collector the same data required in the preceding subsections on
all residents who have moved into the park after the first day of January; and information on all
mobile homes that have moved out of the park after the first day of January including the
foregoing data plus the date on which each mobile home left the park, and the destination of the
mobile home if known or ascertainable by the licensee or permittee.
(e) The licensee or permittee shall be responsible for keeping the park in a clean, safe and
sanitary condition, free of accumulations of rubbish and of rank growth of grass or weeds that
might constitute a fire hazard to give harborage to noxious insects. Walks, streets and parking
spaces shall be maintained in a serviceable “all-weather” condition.
(f) No open fires shall be permitted in the park except for outdoor cooking in camper type
stoves or charcoal grills. No flammable liquids shall be stored beneath mobile homes or
otherwise than in accordance with the city fire regulations. The fire resistant skirting specified in
section 3.10.002(h) shall be maintained intact to prevent accumulations of flammable materials
beneath mobile homes. Emergency fire extinguishing apparatus, if required, shall be inspected
and tested at intervals of time suggested by the manufacturer.
(g) The storage, collection and disposal of refuse and garbage shall be so conducted as to
create no health hazards, litter or air pollution. Each mobile home space shall be provided with
rodent-proof garbage receptacles of sufficient number and size to store properly all refuse and
garbage between collections. Receptacles shall be of galvanized iron or material of equal
strength and weather resistance, each having a minimum ten (10) gallons and maximum thirty
(30) gallons capacity, fitted with two (2) handles for lifting, and covered with a flytight lid with
handle. Disposal of refuse and garbage shall be by city garbage collection or as otherwise
approved by the city council.
(2001 Code, sec. 10.508)
Sec. 3.10.004
Inspections; monthly inspection fee
(a) The building official shall have the right to periodically inspect each mobile home and
mobile home park for compliance with this article and to take appropriate action if a violation is
found.
(b) Each owner of a mobile home park within the city shall pay a monthly fee as set forth in
the fee schedule in appendix A of this code.
(2001 Code, sec. 10.509)
Sec. 3.10.005
Mobile homes located outside parks
(a) It shall be unlawful to place a mobile home for use as a dwelling within the city limits
except as herein provided in a designated and approved mobile home park.
(b)
A mobile home may be allowed in an area other than a mobile home park if the same is not
occupied and does not create a traffic hazard or otherwise obstruct vision so as to create a traffic
problem.
(2001 Code, sec. 10.510)
Sec. 3.10.006
Plat approval for parks in extraterritorial jurisdiction
No person shall subdivide land within the extraterritorial jurisdiction of the city for the purpose
of creating a mobile home park until a plat of the park has been approved by the city council.
Such plat shall be submitted to the city council for approval, shall be accompanied by the
information outlined in section 3.10.041(a)(1), (2) and (3) and shall conform to the design
requirements of section 3.10.002. (2001 Code, sec. 10.511)
Secs. 3.10.007–3.10.040
Reserved
Division 2. License or Nonconforming Use Permit
Sec. 3.10.041
License required; application; issuance
(a) It shall be unlawful for any person to construct, maintain, or operate a park within the city
limits without a license therefor, except as provided in section 3.10.042 of this article. Written
application for a license, signed by the applicant and accompanied by the exhibits listed below,
shall be submitted to the city secretary. It shall state the applicant’s address and the legal
description of the land whereon construction of a park is proposed and shall be accompanied by:
(1)
Written consent to installation of the park, signed by each owner of adjoining
property and by a majority of the owners of property lying within two hundred feet
(200') of the proposed park;
(2)
A plat showing the location and configuration of the proposed park, including the
layout of its mobile home spaces, streets, parking spaces, walkways, and utility
service lines;
(3)
Plans and specifications for all buildings and service facilities listed above in
subsection (2).
(b) Every person operating a park within the city limits on the effective date of this article
shall, within thirty (30) days after that date, submit a written application for a license,
accompanied by the exhibits in subsections (a)(2) and (3) above. The building official will
review each license application and make recommendations thereon to the city council. In
considering the disposal of any such application, the city council may take into account the
character of the neighborhood, with respect to present and anticipated land use and development,
wherein the park is proposed to be located or is in operation. On approval of an application by
the city council, the city permit clerk will issue a license.
(2001 Code, sec. 10.502)
Sec. 3.10.042
Issuance and effect of nonconforming use permit
If the city council denies a license to any applicant whose park was in operation on the effective
date of this article, the city permit clerk will issue to such applicant a nonconforming use permit
that specifies the nonconformities with provisions of this article responsible for denial of the
license and authorizes continued operation of the park, subject to the permittee’s compliance
with all provisions of this article pertaining to park operation and maintenance. However, the
permit does not make lawful the extension or enlargement of a specified nonconformity, either
within the present confines of a park or by expanding its boundaries. After the remedy or
suspension of a nonconforming use such use shall not be restored or resume; e.g., if a
nonconforming mobile home space is vacated, it shall not be occupied again by a mobile home.
The fee for issuance of a permit shall be set at the amount as set forth in the fee schedule in
appendix A of this code. (2001 Code, sec. 10.503)
Sec. 3.10.043
Renewal; transfer
For validity, a license or permit shall be renewed each year on payment of an annual fee as set
forth in the fee schedule in appendix A of this code; renewal will be effected by the city permit
clerk. To transfer a license or permit, a written request to do so shall be submitted to the city
permit clerk. Upon inspection of the park by the building official, and with his approval, the city
permit clerk will issue a transfer, the fee therefor being an amount as set forth in the fee schedule
in appendix A of this code. (2001 Code, sec. 10.504)
Sec. 3.10.044
Posting
Such certificates shall be conspicuously posted by the licensee or permittee in the office of or on
the premises of the park at all times. (2001 Code, sec. 10.505)
Sec. 3.10.045
Revocation
A license or permit may be revoked when the licensee or permittee is found guilty by a court of
competent jurisdiction of violating any provision of this article and after a public hearing is held
before the city council according to written notice given to the licensee or permittee at least ten
(10) days prior to such hearing. (2001 Code, sec. 10.506)
ARTICLE 3.11 STREETS AND SIDEWALKS l*
Secs. 3.11.001–3.11.030
Reserved
Division 2. Excavations li†
Sec. 3.11.031
Definitions; intent and scope
(a)
For the purpose of this division, the following definitions shall be applied:
Excavation. Any opening in the surface of a public place made in any manner whatsoever,
except an opening into a lawful structure below the surface at a public place, the top of which is
flush with the adjoining surface and so constructed as to permit frequent openings without injury
or damage to the public place.
Facility. Pipe, pipeline, tube, main, service, trap, vent, vault, manhole, meter, gauge, regulator,
valve, conduit, wire, tower, pole, pole line, anchor, cable, junction box, transformer, or any other
materials, structure or object of any kind or character, whether enumerated herein or not, which
is or may be lawfully constructed, left, placed or maintained in, upon, along, across, under or
over any public place.
Public place. Any public street, way, place, alley, sidewalk, park, plaza, square or other similar
public property owned or controlled by the city and dedicated for public use.
Public structure. Any curb, drainage canal, bridge or similar public-owned object located on or
adjacent to any public place.
Substructure. Any pipe, conduit, duct, tunnel, manhole, vault, buried cable or wire, or any other
similar structure located below the surface of any public place.
Utility. A private company and/or corporation or municipal department engaged in providing a
particular service to the general public.
(b) The intent of this division is to regulate the cutting of public streets, alleys, sidewalks,
parks, etc., and to prescribe the duties and responsibilities of those permitted to cut into or
excavate near such public places. In addition, the manner in which such excavation or cut is
repaired is to be regulated by this division.
(c) As related to the act of cutting or excavating in a public place, the following sections shall
apply.
(2001 Code, sec. 3.701)
Sec. 3.11.032
Oil and gas drilling prohibited
No person, firm, corporation or utility, or their agents, employees, independent contractors, or
servants, shall commence to drill or operate or work upon in the [sic] oil, gas or mineral
extraction well within the city limits. Any person who shall violate this section shall be guilty of
a misdemeanor and shall, upon conviction thereof, be fined in accordance with the general
penalty provisions set forth in section 1.01.009 of this code. Each day that the prohibited
operation or conduct continues shall constitute a separate and distinct offense. (2001 Code, sec.
3.702(a))
Sec. 3.11.033
Permit required
No person, firm, corporation or utility shall make any excavation or fill any excavation in any
public place without first obtaining a permit to do so from the building inspector of the city.
(2001 Code, sec. 3.702(b))
Sec. 3.11.034
Application for permit
No permit shall be issued unless a written application for the issuance of an excavation permit is
submitted to the building inspector. The written application shall be made on forms prepared and
furnished by the city and shall state the name and address and principal place of business of the
applicant, the authority of the applicant to occupy the public place for which the permit is sought,
the location and dimensions of the installation or removal and the approximate size of the
excavation to be made, the purpose of the facility and the approximate time which will be
required to complete such work, including backfilling said excavation and removing all
obstructions, material and debris and repair of pavement. The application, when approved by the
building inspector, shall constitute a permit. (See exhibit 1 at the end of this division.) (2001
Code, sec. 3.703)
Sec. 3.11.035
Bond
(a) No permit shall be issued to any person in the city until such person shall have filed with
the city secretary a bond in the sum of two thousand dollars ($2,000.00), with good and
sufficient sureties acceptable to the city council. In the event a bonded franchise utility company
does the work, it shall not be required to file a bond. The conditions of such bond shall be that
the applicant:
(1)
Shall perform all work in a good and workmanlike manner in strict accordance with
city specifications;
(2)
Shall backfill and restore pavement after any excavation in any public place, so as to
comply with specifications provided;
(3)
Shall place and maintain lights and barricades around all excavations, materials and
equipment left on a public place; and
(4)
Shall hold the city harmless from all damages, real or asserted, that may occur by
reason of the excavation for which such application is made.
(b) The required bond shall be submitted in substantially the form as outlined in exhibit 2 at
the end of this division.
(2001 Code, sec. 3.704)
Sec. 3.11.036
Permit and inspection fee
(a) Amount. A permit fee shall be charged for the issuance of an excavation permit and the
inspection of same in the amount as set forth in the fee schedule in appendix A of this code.
(b) Payment. The application for an excavation permit to perform work under this division
shall be accompanied with cash or a check adequate to cover the permit and inspection fee as set
forth in the fee schedule in appendix A of this code.
(c) Exceptions. Where excavations are made by a public utility company operating under a
franchise agreement issued by the city or under the direct supervision of the director of public
works, a permit may be granted without making the advance permit payment, or waived if the
franchise agreement permits waiver and the director of public works approves.
(2001 Code, sec. 3.705)
Sec. 3.11.037
Protective measures and routing of traffic
(a) Barricades required. It shall be the duty of every person cutting or making an excavation in
or upon any public place to place and maintain barricades and warning devices necessary for
safety of the general public.
(b) Minimum interference with traffic. The permittee shall take appropriate measures to assure
that, during the performance of the excavation work, traffic conditions as near normal as possible
shall be maintained at all times, so as to minimize inconvenience to the occupants of the
adjoining property and to the general public.
(c) Time limits. The permittee, whether it be a private individual, firm, corporation, franchised
utility firm, or other, shall be required to perform all phases of excavation and backfilling and
pavement repair as required and scheduled within this division, and furthermore shall be required
to cause the final pavement repair to be accomplished as specified no more than ten (10) calendar
days after completion of excavation.
(2001 Code, sec. 3.706)
Sec. 3.11.038
Clearance for vital structures
The excavation work shall be performed and conducted so as not to interfere with access to fire
hydrants, fire stations, underground vaults, valves and all other vital equipment. (2001 Code, sec.
3.707)
Sec. 3.11.039
Care of excavated materials; maintenance of site
(a) All materials excavated from trenches and piled adjacent to the trench or in any street shall
be piled and maintained so as not to endanger those working in the trench or users of the street
and so that as little inconvenience as possible is caused to those using streets and adjoining
property. Where the confines of the area being excavated are too narrow to permit the piling of
excavated material beside the trench, the permittee shall haul the material to a storage or spoil
site.
(b) As the work progresses, all streets shall be thoroughly cleaned of all rubbish, excess dirt
and other debris resulting from such work. All cleanup operations shall be at the expense of the
permittee.
(c) It shall be the responsibility of the permittee performing excavation work to maintain the
site of excavation in a safe manner until such time as the replacement of all materials has been
performed, including the pavement replacement, even if performed by others than the permittee.
It shall be the duty and responsibility of the permittee performing the excavation to abide in all
manners with any directions of the city and/or the building inspector and specifically as follows.
(2001 Code, sec. 3.708)
Sec. 3.11.040
(a)
Breaking through pavement
Heavy-duty pavement breakers may be prohibited by the city and/or the building inspector.
(b) Saw cutting of concrete streets, sidewalks, curb, gutters, valleys, etc., may be required by
the city and/or building inspector.
(c)
Sections of sidewalks shall be removed to the nearest score line or joint.
(d) Boring to prevent the cutting of new pavement may be required by the city and/or building
inspector.
(e) The use of various equipment on surfaces or improvements or structures surrounding the
excavation may be restricted by the city and/or building inspector, and in any instance of damage
to such surrounding surfaces or improvement, replacement must be accomplished with final
repair work.
(f) The use of a pavement breaker, jackhammer or pavement saw will be required to outline
and limit the area of excavation on the following classifications of surfaces:
(1)
Penetration asphalt surfaces as specified by building inspector.
(2)
Any hot mix asphaltic concrete pavement.
(3)
Any hot mix asphaltic concrete overlay surface.
(4)
Portland cement concrete pavement.
(5)
Any bridge surfaces.
(6)
Sidewalks.
(2001 Code, sec. 3.709)
Sec. 3.11.041
Backfilling
(a) Fine materials such as cushion sand and free from lumps or stones shall be thoroughly
compacted around and under the substructure to a depth not less than two (2) inches and above
the substructure to a height of not less than six (6) inches.
(b) Unless the excavation is performed in an unlandscaped parkway or other area not intended
to support pedestrian or vehicular traffic, then the following restrictions and requirements shall
apply:
(1)
The remainder of the excavated trench, up to within eight (8) inches of the finished
grade or roadway surface, shall be backfilled with crushed stone, pit run large
aggregate gravel, or other similar substance subject to the approval of the building
inspector. This backfill shall be accomplished under the inspection of the building
inspector and shall be placed in successive lifts or layers not in excess of twelve (12)
inches prior to compaction. Each lift of twelve (12) inches thickness (or fraction
thereof for the final lift) shall be mechanically tamped to gain a minimum density of
ninety percent (90%) standard proctor density. Prior to tamping each layer, the
backfill material shall be dampened with water, but not flooded or jetted. Mechanical
tamping shall be accomplished with vibratory equipment designed to achieve the
prescribed density. Following compaction of each layer, the compacted surface of
each layer shall again be dampened or sprinkled with water. All phases of backfilling
and tamping must be accomplished under the inspection of the building inspector.
(2)
In cases prior to excavation where the excavated surface consisted of a gravel or dirt
surface intended to support pedestrian or vehicular traffic, the permittee shall be
allowed to complete backfilling the final eight (8) inches to the finished grade
utilizing comparable material to that excavated within the initial or top six (6) inches.
The final layer or lift shall be free of large stones and shall be compacted to a density
not less than that of the surrounding area.
(3)
The permittee performing the final completion of excavation and backfill shall then
be required to hand rake the area of the excavation (including areas where equipment
was parked or used) in order to leave the surface in a neat and pleasant appearing
condition.
(2001 Code, sec. 3.710)
Sec. 3.11.042
Disposal of excess excavation material
(a) The permittee performing excavation and backfilling in public places shall remove all
material from the site. In no instance shall the material removed be placed within the trench. It
shall be the duty and the responsibility of the permittee to cause all excavated materials to be
hauled away or spread upon adjacent property (with the owner’s consent) prior to completing the
excavation activity for any one single day. The permittee must arrange for a site for the
disposition of excess excavation material.
(b) The surrounding surface of the site of excavation shall be left each day in a clean and
pleasant appearing condition. In all instances, on the date that initial backfill is completed by the
permittee, that portion of the trench or hole must be left in a condition of compaction as
previously prescribed and all surrounding areas must be left free from exposed rock or other
material, dragged by a blade or other suitable device, and either hand raked or broom swept.
Materials accumulated by dragging, raking and/or sweeping must be removed and disposed of by
the permittee performing the excavation and backfilling.
(2001 Code, sec. 3.711)
Sec. 3.11.043
Non-landscaped parkways and areas not intended for traffic
In areas such as parkways, easements, and unimproved open spaces not intended to support
pedestrian or vehicular traffic, all requirements enumerated within this division for gravel and
dirt surfaces must be met, with the exception of the mechanically tamped crushed stone or heavy
aggregate backfill. For such parkway or similar surfaces, it shall be permissible for excavated
material, free from large stones, broken pavement, roots and other foreign matter, to be placed in
the trench or hole. This backfill must be placed in layers or lifts not in excess of twelve (12)
inches and either mechanically tamped or jetted with water prior to placement of additional
layers or lifts. The final layer of such backfill must consist of topsoil equal to that then existing
in the undisturbed area surrounding the excavation, and such final layer of backfill will be no
less than ten (10) inches in thickness. (2001 Code, sec. 3.712)
Sec. 3.11.044
Disturbance of landscaping or improvements
A permit for excavation, when issued, assumes there to be no encroachments within the public
place designated; however, when any permittee encounters trees, shrubs, private substructures,
meters, fences, or other improvements, he shall not be permitted to disturb these without specific
approval of the city manager. The permittee performing excavation shall not be permitted to
damage, move, relocate, or cover any of the above or similar improvements if exposed prior to or
during excavation. It shall be the responsibility of the permittee to become informed from the
best sources available as to the existence of all improvements existing within the area of
excavation. The permittee shall be liable for any and all damages to such improvements
regardless of information available as to their location and/or existence. (2001 Code, sec. 3.713)
Sec. 3.11.045
Emergency work
Nothing in this division shall be constructed to prevent making such excavation as may be
necessary for the preservation of life or property or for the location of trouble in conduit or pipe,
or for making emergency repair; provided, however, that the person making such excavation
shall apply for a permit on the first working day following such emergency. (2001 Code, sec.
3.714)
Sec. 3.11.046
Liability of city
This division shall not be construed as imposing upon the city, or any employee, any liability or
responsibility for damages to any person injured by the performance of the excavation work for
which a permit is issued. (2001 Code, sec. 3.715)
Sec. 3.11.047
Standards for repair of pavement
After an excavated trench or hole has been backfilled as specified, the permittee shall cause to be
accomplished the following procedure:
(1)
Saw cut all pavement within twelve (12) inches of any disturbed pavement, base or
sub-base.
(2)
Excavate pavement, base and sub-base and backfill to an even surface to a depth of
eight (8) inches. There shall then be a clean-cut joint of existing pavement no closer
than twelve (12) inches to the previously compacted backfill accomplished during
excavation. All materials removed, including pavement, base material, sub-base
material and any excess backfill, shall be removed from the site and disposed of in a
suitable manner as prescribed for excavation in previous sections. The surface
remaining eight (8) inches below the finish grade or existing pavement surface shall
be free of all foreign or loose material and shall appear flat and level unless
appropriate appurtenances such as manholes, valve boxes, etc., shall exist. In cases of
necessary appurtenances, the area surrounding same shall be prepared to a flat and
level appearance.
(3)
Depending upon the type and construction of the preexisting roadway, one of the
following procedures shall be accomplished:
(A) Provided the existing roadway is paved with asphaltic concrete: On the prepared
subsurface as outlined in subsection (2) above shall be placed a tack coat of type
RC-2 emulsion or liquid asphaltic cement and shall coat all of the prepared
subsurface, all exposed and existing surface and any appurtenance with which
the final pavement shall come into contact with. New asphaltic concrete shall
then be installed and compacted to a thickness of eight (8) inches. Asphaltic
concrete used shall conform to the specifications as outlined by the state
department of transportation publication, 1962 Standard Road and Bridge
Specifications, as it applies to the specifications for type D, item 340, hot mix
asphalt concrete. The finished surface shall be compacted to provide a surface
level with and identical to the existing roadway. The new asphalt pavement
shall be substantially sealed by rolling. (See exhibit 3 at the end of this
division.)
(B) Provided the existing roadway is paved with Portland concrete: New concrete
paving mix shall be placed and finished in an approved manner to provide a
surface level with and identical in grade to existing pavement. Concrete paving
mix shall not contain less than five (5) sacks Portland cement per cubic yard and
shall be of sufficient quality to obtain three thousand (3,000) pounds per square
inch (psi) in twenty-eight (28) days when tested by American Society for
Testing Materials methods applicable. Concrete shall be allowed to cure for
seven (7) days prior to being subjected to vehicular traffic. (See exhibit 4 at the
end of this division.)
(4)
All requirements for cleanup and disposition of excess material as specified for
excavation shall apply to pavement replacement and repair. The complete repair area
shall be broom swept, and areas outside the pavement that may be disturbed by the
permittee or his subcontractor shall be re-raked.
(2001 Code, sec. 3.716)
Sec. 3.11.048
Failure to repair pavement
(a) The permittee performing excavation in a public place is responsible for the complete job,
including pavement replacement. Protection of the site, including barricades and flares, is the
responsibility of the excavation permit holder.
(b) Should a permittee performing excavation fail to cause the efficient and expedient repair
and replacement of pavement, then the city can cause the work to be performed according to the
specifications set forth, and the permittee performing the excavation shall pay the city the cost of
the repair. Should the city perform on its own or hire the repair and replacement work done by
others, the cost to be charged to the excavation permittee shall in no instance be less than the
amount expended by the city plus twenty percent (20%) for administrative overhead.
(2001 Code, sec. 3.717)
Sec. 3.11.049
Repair or replacement of structures other than pavement
All other structures damaged, destroyed, removed or buried by the permittee shall be replaced
and/or repaired in a workmanlike manner by the permittee with materials of comparable quality
and appearance and shall be of the same grade elevation and lines of the pre-existing structure or
as approved by the building inspector. (2001 Code, sec. 3.718
Sec. 3.11.050
Responsibility for compliance
Each approved applicant for an excavation permit shall be held responsible for the faithful
performance of all matters as specified and regulated by this division.
(2001 Code, sec. 3.719)
EXHIBIT 1
DATE:
APPLICATION AND PERMIT TO EXCAVATE
CITY OF WATAUGA, TEXAS
NAME OF APPLICANT:
APPLICANT’S FIRM:
ADDRESS OF FIRM:
TITLE OF APPLICANT:
FIRM PHONE NUMBER:
AUTHORITY TO EXCAVATE
REASON FOR EXCAVATION
LOCATION OF PROPOSED EXCAVATION
DIMENSIONS OF PROPOSED EXCAVATION:
____ feet deep
____ feet wide
____ feet long
TYPE OF EXISTING PAVEMENT
APPROXIMATE TIME REQUIRED TO EXCAVATE AND COMPLETE REPAIR OF
PAVEMENT
IN THE BLOCK TO THE RIGHT, PLEASE SUBMIT A
DIAGRAM SHOWING EXISTING ROADWAYS AND/
OR STRUCTURES AND PROPOSED EXCAVATION
SITE. SHOW ADJACENT PROPERTY LOT AND
BLOCK NUMBERS IF KNOWN OR APPLICABLE.
I, the undersigned, do hereby request a permit to excavate a public place within the city limits of
the City of Watauga. I have read and do understand all applicable ordinances regulating such
proposed action.
DATE
SIGNATURE OF APPLICANT
APPROVAL/PERMIT:
____ BOND POSTED
____ BOND EXEMPT
____ FEE PAID
Permit is hereby approved and granted this ______ day of ____________ 197__. Permittee has
paid all applicable permit fees and posted bond unless exempt or deferred by ordinance.
DATE
BUILDING INSPECTOR
(2001 Code, art. 3.700, ex. 1)
EXHIBIT 2
THE STATE OF TEXAS
COUNTY OF TARRANT
KNOW ALL MEN BY THESE PRESENTS:
THAT WE, ____________ as Principal, and ____________ as Surety, are held firmly bound
unto the City of Watauga, Texas, in the penal sum of Two Thousand Dollars ($2,000.00), good
and lawful money of the United States of America, well and truly to be paid in Watauga, Texas,
and for the payment of which we and each of us hereby bind ourselves, our successors, our heirs,
executors, administrators and assigns, jointly and severally, firmly by these presents:
THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT
WHEREAS, the above bounden principal desires to engage in business in the City of Watauga,
and in the course of such business anticipates that it will be necessary to open excavations in
public streets, ways, places, sidewalks, parks, plazas, alleys, or other public places, and will
apply to the Building Inspector of the City of Watauga prior to making each such an opening for
permission to open an excavation;
NOW, THEREFORE, if said Principal, after opening such an excavation and until the same is
finally resurfaced, shall indemnify and save harmless the said City of Watauga from any and all
expenses, losses, claims for damages, judgments, and other costs of any nature which may arise,
be incurred, be sustained by, or be obtained against said City by reason of the existence of such
an opening made by the Principal herein in a public place, and if the Principal herein shall at all
times faithfully, fully, and completely comply with all requirements set out in Ordinance No.
______ pertaining to opening of excavations in public places and things to be done prior thereto
and thereafter, then this obligation shall be null and void; otherwise to remain in full force and
effect; provided, however, this bond is executed by the Surety on the condition that its liability
shall be limited by and subject to the conditions and provisions hereinafter contained.
Successive actions may be brought in this bond for successive breaches of its conditions, or any
of them; provided, however, that the sum total of all liability of the Surety on any one or all of
such actions shall not exceed the sum of $2,000.00.
The liability of the Surety under this bond, if not cancelled as hereinafter provided, shall cease
and terminate of its own force and effect one year from the date hereon, saving and excepting for
expenses, losses, claims for damages, judgments, or other costs which may arise, be incurred, be
sustained by, or be obtained against said City by reason of an opening of an excavation in a
public street or other public place made prior to said date of termination.
The Surety may terminate its liability in connection with the opening of an excavation in streets
or alleys by the Principal made after such termination by giving the Building Inspector of the
City of Watauga, Texas, five days’ notice in writing of the Surety’s intention to do so, and from
and after the expiration of said five-day period, the Surety shall no longer be liable for any
claims arising by virtue of openings of excavations in a public street or alley made by the
Principal after the date said five-day period expires.
IN WITNESS WHEREOF, the parties hereto have executed this instrument this ______ day of
____________, ______.
Principal
BY
(2001 Code, art. 3.700, ex. 2)
EXHIBIT 3
(2001 Code, art. 3.700, ex. 3)
EXHIBIT 4
(2001 Code, art. 3.700, ex. 4)
Secs. 3.11.051–3.11.080
Reserved
Division 3. Closing or Partial Blocking of Streets, Sidewalks and Alleys lii*
Sec. 3.11.081
Definitions
Contractor. Any person or group of persons entering into an agreement with the city.
Detour. An alternate route in which vehicular traffic is directed around a street which is closed.
Emergency. An unforeseen combination of circumstances, or the resulting state, that calls for
immediate action.
Manual. The Manual on Uniform Barricading Standards.
Permit. A written letter of approval from the responsible person or his appointed representative.
Public right-of-way. Any public street, highway, roadway, alley or sidewalk.
Responsible person. The responsible person of the designated department of the city or any
appointed representative. The responsible party shall be that person holding the position of
director of public works for the city.
Shall, should, or may. The word “shall” is a mandatory condition, the word “should” is an
advisory condition to insure safe operation conditions, and the word “may” is a permissive
condition.
Streets and alleys. A traveled way for vehicular traffic, whether designated as a street, highway,
thoroughfare, parkway, throughway, road, avenue, boulevard, lane, or place, or however
otherwise designated.
(1)
Major thoroughfares or arterial streets. Principal traffic arteries more or less
continuous across the city which are intended to connect remote parts of the city and
which are used primarily for fast or heavy volume traffic, and shall include but not be
limited to each street designated as a major street on the major street plan.
(2)
Collector streets. Those which carry traffic from minor streets to the major system of
arterial streets and highways, including the principal entrance streets of a residential
development and streets for circulation within such a development.
(3)
Minor streets. Those which are used primarily for access to abutting residential
properties which are intended to serve traffic within a limited residential district.
(4)
Alleys. Minor traveled ways which are used primarily for vehicular service access to
the back side of properties otherwise abutting on a street.
(2001 Code, sec. 3.802)
Sec. 3.11.082
General requirements
(a) Any person who undertakes to perform any work upon, in, under, above, or about any
public street, highway, roadway, alley or sidewalk, hereafter collectively called public
right-of-way, which requires that the street be partially or completely closed for construction
and/or maintenance operations, which work shall require excavation within or occupancy of the
whole or a portion of the width of any such public right-of-way by equipment, materials, debris
or workmen, shall use barricades, signals, flags, flares, and all other traffic-control and warning
devices and procedures about the work area during the duration of the work within the public
right-of-way of the type and in the manner required by the Uniform Barricading Standards
adopted hereinbelow. Such persons shall also be required to obtain a permit from the responsible
person if the specifications stated in section 3.11.083(b)(1) are applicable, with the exception of
the state department of transportation conducting work on any state designated system. In such
cases no permit is required. This permit must be acquired before construction is begun. The
purpose of the permit is to insure that ample consideration has been given to the effect of said
construction work on the flow of traffic.
(b) It shall be the responsibility of the permit holder to provide, erect, place and maintain all
warning signs, traffic-control devices and barricades required by the Texas Manual on Uniform
Traffic Control Devices or the responsible person. All such signs, devices and barricades should
be in good condition, clean and legible, and shall be of the type required by the Texas Manual on
Uniform Traffic Control Devices; provided that the responsible person may authorize the use of
different or special devices and equipment if, in his opinion, such equipment will be at least as
effective for its intended purpose as that set forth for such purpose in the Texas Manual on
Uniform Traffic Control Devices. When additional regulatory signs are deemed necessary by the
responsible person such signing will be installed as directed by the designated department along
with such regulatory signs as are required to be provided by the city as required by the manual.
(2001 Code, sec. 3.801)
Sec. 3.11.083
(a)
Permit
Application.
(1)
Time of filing; contents. When a permit is required, the permit application shall,
unless otherwise authorized by the responsible person for good cause shown, be filed
with the responsible person at least five (5) days prior to the day the applicant seeks
to first close or block any part of the roadway, and shall contain the following
information:
(A) The name, telephone number, local address and principal place of business of
the applicant;
(B) The name and day and night telephone number of the engineer, foreman or
other person who will be in charge of the construction or repairs for which the
application is requested;
(C) The times of the day and total number of calendar days the applicant seeks to
block the roadway;
(D) A statement signed by the applicant, or a person authorized to bind the
applicant, that the applicant will indemnify and forever hold the city harmless
against each and every claim, demand or cause of action that may be made or
come against it by reason of or in any way arising out of the closing or blocking
of the roadway by the applicant under a permit from the city, if such permit is
granted;
(E) A standard barricading layout showing placement of barricades, cones, and
informational signs used on the project;
(F)
An explanation as to the nature or type of work that is to be performed, along
with its location;
(G) Any other information deemed necessary by the responsible person.
(2)
Approval or disapproval.
(A) The responsible person shall either approve or disapprove the application in five
(5) business days after it is submitted. The responsible person may approve an
application either as applied for or subject to special requirements, as provided
in subsection (a)(3) below, which special requirements shall be endorsed on the
permit when issued and become a part thereof. If an application is not approved,
the responsible person shall so notify the applicant, in writing, stating the
reasons for disapproval. An applicant may, if he so desires, undertake the
revision of the unapproved application and resubmit it to the responsible person,
who shall approve, approve subject to special requirements, or disapprove the
amended application within two (2) business days.
(B) The responsible person may disapprove applications for permits under this
division only for the following reasons:
(i)
The proposed barricading, channelizing, signing, warning, or other
traffic-control procedures or the equipment therefor do not comply with
the requirements of the manual;
(ii)
The nature of the work to be performed or its location is such that the
work may, without imposing undue hardship on the applicant, be
performed without the necessity of blocking or closing the roadway;
(iii) The work or the manner in which it is to be performed will violate a city
ordinance or a state statute;
(iv) Failure to furnish all of the information required by this division or, except
for good cause shown, to file the application within the time prescribed by
this division;
(v)
(3)
Misrepresenting or falsifying any information in the application.
Special requirements. The responsible person may at the time he approves an
application or anytime after a permit is issued require:
(A) The use or specific location of additional barricades, signals, signs, or other
traffic-control or safety devices or the pursuance of special traffic-control or
safety procedures;
(B) The work be performed only at certain hours during the day or night, or during
specified days of the week;
(C) Only a specified area or not more than a specified number of lanes shall be
blocked at the same time or at specified times of the day;
(D) Materials and equipment used in the work site and dirt removed from any
excavation be located other than in the vehicle traffic lanes of such roadway;
(E) All equipment be moved from the traffic lanes and any excavation in the traffic
lanes be covered or filled with materials of sufficient strength and construction
to permit vehicular traffic to pass over such excavation during all or part of the
peak traffic periods or at night.
When such requirements are deemed necessary by the responsible person in the
interest of public safety and to avoid traffic congestion, any such special requirements
shall be endorsed on the permit and shall be a part thereof.
(4)
Revocation. Any designated responsible person or his authorized representatives may
revoke a permit issued hereunder if any of the permit holder’s barricading, signing,
channelizing, warning or other traffic-control procedures or the equipment at the
work site do not comply with the requirements of the manual, or with any special
requirements imposed by the responsible person. The permit holder, or the person
named as responsible for or in charge of the work in the permit, shall first be notified
of the failure or defect and be given a reasonable time, such length of time to be
determined by the responsible person and not to exceed twenty-four (24) hours, to
correct same before such permit is revoked. In the event a permit issued under this
division is revoked, it shall be unlawful to continue to block the roadway, except to
restore the site to its proper condition as required herein.
(5)
Restoration of work area when permit revoked. In the event a permit is revoked, the
permit holder shall immediately commence operations to restore the work area within
the roadway to its proper condition, such work to be completed within twenty-four
(24) hours. In addition, except as required to restore the work area to its proper
condition, the permit holder shall remove all equipment, men, materials, and debris
from the roadway. In the event such restoration is not done, the city shall be
authorized, at its election, to take charge of the work and restore the premises to its
proper condition and shall be entitled to recover from the permit holder by civil action
the actual expenses incurred by the city in restoring the premises, including but not
limited to cost of labor, materials, overhead, rental of any equipment used by the city
in restoring the site and attorney’s fees, and for such purposes the city shall have a
right of action against any bonds in effect running from the holder of the permit to the
city, conditioned upon compliance with the ordinances of the city in the performance
of said work.
(6)
(b)
Penalty. Any person who violates any provision of this division shall be guilty of a
misdemeanor and upon conviction shall be subject to a fine in accordance with the
general penalty provision set forth in section 1.01.009 of this code. Each day of such
violation shall constitute a separate offense. Such penalty shall be cumulative and not
exclusive of any other right or remedies the city may have.
Persons requiring permits.
(1)
Contractors preparing own plans.
(A) Any contractor undertaking any work, whether of his own or under contract for
any other person, and such work is within a city street and requires that a set of
plans be drawn up due to the extensive and/or complex nature of the work, will
be subject to the provisions set forth in this subsection (b)(1), and must file for a
permit before beginning construction. Proof must also be shown that he has
obtained approval by other affected agencies of the city to actually perform the
work.
(B) A plan must be prepared by the contracting agency showing where work is to be
performed. The plan will include a standard barricading layout showing
placement of barricades, cones and informational signs used on the project. In
most cases, layouts will be similar to those shown in the latter part of the
manual. Deviation from the manual will be allowed only with approval of the
responsible person or his appointed representative.
(C) The plan as mentioned in subsection (B) above must be submitted a minimum
of five (5) business days prior to actual beginning of the construction work. This
time period will allow the designated department the opportunity to survey the
construction site in an attempt to uncover any traffic problems which might
develop as a result of the barricading.
(D) Each contractor or construction agency will provide with his barricading plan a
listing of all persons directly responsible for the safety on each project, to
include an address or a telephone listing at which said person can be reached at
any hour of the day if a hazardous condition develops.
(2)
Contractors using city-prepared construction plans. In the event the contractor
undertakes work based on plans prepared by the designated department, all detour
and barricading requirements will be inserted as part of the construction plans. In this
situation, the contractor’s acceptance of the construction project will serve as
indication that he understands the layout and is responsible subject to the penalties
established in this Code of Ordinances.
(3)
City forces and public utility companies.
(A) Work requiring plans. All city forces, as well as public utility companies,
performing construction work within a street which requires that a set of plans
be drawn up due to the extensive and/or complex nature of work will be subject
to the same requirements established in subsection (b)(1) above. Such work
would include major street construction (street cuts, street widening, etc.), water
and sewer line laying or relocation, or off-street construction which requires that
a portion of the adjacent roadway be barricaded.
(B) Minor work. Construction work performed by city forces or utility companies,
minor enough such that a set of plans need not be drawn up, will not be subject
to the same requirements established in subsection (b)(1) above. Such work
includes minor street construction (resurfacing, patching, striping), minor utility
work (usage of manholes such that a lane must be barricaded), etc. These forces
will be required, however, to comply with all other provisions set forth in the
manual as to the construction site barricade layout and signing. In addition, the
responsible person or his authorized representative shall be contacted before
said construction work is begun and be informed of the location and nature of
construction. This work shall not be performed during the peak hour congestion
periods of 7:00 to 9:00 a.m. and 4:00 to 6:00 p.m., unless approved by the
responsible person.
(C) Emergency situations. The requirements as mentioned above are to be used for
all planned construction projects. In the event of an emergency-type situation,
notification of work to be done can be made by telephone directly to the
responsible person or his appointed representative, thereby bypassing the
requirements mentioned above. Under these conditions the contractor or agency
will still be required to follow the basic barricading standards as outlined in the
manual.
(2001 Code, sec. 3.803)
Secs. 3.11.084–3.11.110
Reserved
Division 4. Construction in Right-of-Way liii*
Sec. 3.11.111
Purpose
The purpose of this division is to:
(1)
Assist in the management of facilities placed in, on or over the public rights-of-way
in order to minimize the congestion, inconvenience, visual impact and other adverse
effects, and the costs to citizens, resulting from the placement of facilities within the
public rights-of-way;
(2)
Govern the use and occupancy of the public rights-of-way;
(3)
Assist the city in its efforts to protect the public health, safety and welfare;
(4)
Conserve the limited physical capacity of the public rights-of-way held in public trust
by the city;
(5)
Preserve the physical integrity of the streets and highways;
(6)
Control the orderly flow of vehicles and pedestrians;
(7)
Keep track of the different entities using the public rights-of-way to prevent
interference between competing interests;
(8)
Assist in scheduling common trenching and street cuts; and
(9)
Protect the safety, security, appearance, and condition of the public rights-of-way.
(2001 Code, sec. 4.1001)
Sec. 3.11.112
Scope
This division applies to all persons that place facilities in, on or over public rights-of-way in the
city limits. (2001 Code, sec. 4.1002)
Sec. 3.11.113
Definitions
Certified telecommunications provider. Means the same as in Local Government Code section
283.002(2), that being any entity that has been granted a certificate from the Texas Public Utility
Commission under chapter 54 of Texas Utility Code authorizing that entity to provide local
exchange telephone service.
City. The City of Watauga, Texas. As used throughout, the term “city” also includes the
designated agents of the city.
City manager. The city manager of the city or the city manager’s designee.
Commission. The public utility commission of the state.
Direction of the city. All ordinances, laws, rules, resolutions, and regulations of the city that are
not inconsistent with this division and that are now in force or may hereafter be passed and
adopted.
Facilities. Any and all of the wires, cables, fibers, duct spaces, manholes, poles, conduits,
underground and overhead passageways and other equipment, structures, plant and
appurtenances and all associated physical equipment placed in, on or under the public
rights-of-way.
Person. A natural person (an individual), corporation, company, association, partnership, firm,
limited liability company, joint venture, joint stock company or association, and other such
entity.
Public right-of-way. Means the same as in Texas Local Government Code section 283.002(6),
the area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway,
or utility easement in which the municipality has an interest. The term does not include the
airwaves above a public right-of-way with regard to wireless telecommunications.
(2001 Code, sec. 4.1003)
Sec. 3.11.114
Penalty
Any person violating any provision of this division shall be deemed guilty of a misdemeanor and
upon conviction thereof shall be fined in a sum as set forth in the general penalty provision in
section 1.01.009 of this code, and a separate offense shall be deemed committed upon each day
during or on which a violation occurs or continues. (2001 Code, sec. 4.1011)
Sec. 3.11.115
Authorization required; construction permit; registration
(a) Any person seeking to place facilities on, in or over the public rights-of-way shall first file
an application for a construction permit with the city and shall abide by the terms and provisions
of this division pertaining to use of the public rights-of-way.
(b) Any person, except a certified telecommunications provider, prior to placing,
reconstructing, or altering facilities in, on or over the public right-of-way, must obtain separate
municipal authorization from the city.
(c) Any person with a current unexpired consent, franchise agreement or other authorization
from the city (“grant”) to use the public rights-of-way that is in effect at the time this division
takes effect shall continue to operate under and comply with the grant until the grant expires or
until it is terminated by mutual agreement of the city and the person, or is terminated as
otherwise provided for by law.
(d)
As a prerequisite to issuance of a construction permit, each person must register with the
city. In order for the city to know which persons own facilities in the city’s public rights-of-way,
each person who owns facilities shall register with the city and provide the following
information:
(1)
The person’s name; and
(2)
The current name, address, and telephone number(s) of a contact employed by and
with decision-making authority for the person and who is available twenty-four (24)
hours each day. Each person shall update and maintain current his/her registration
with the city.
(2001 Code, sec. 4.1004)
Sec. 3.11.116
(a)
Administration and enforcement
The city manager shall administer and enforce compliance with this division.
(b) A person shall report information related to the use of the public rights-of-way that the city
manager requires in the form and manner reasonably prescribed by the city manager.
(c) The city manager shall report to the city council upon the determination that a person has
failed to comply with this division.
(2001 Code, sec. 4.1005)
Sec. 3.11.117
Construction obligations
A person is subject to the reasonable police power regulation of the city to manage its public
rights-of-way in connection with the construction, expansion, reconstruction, maintenance or
repair of facilities in the public rights-of-way, pursuant to the city’s rights as a custodian of
public property, based upon the city’s historic rights under state and federal laws. Such
regulations include, but are not limited to, the following:
(1)
At the city’s request, a person shall furnish the city accurate and complete
information relating to the construction, reconstruction, removal, maintenance, and
repair of facilities performed by persons in the public right-of-way.
(2)
A person may be required to place certain facilities within the public rights-of-way
underground according to applicable city requirements absent a reasonable
demonstration by the person that, in any specific instance, this requirement is not
reasonable, feasible, nor is it equally applicable to other similar users of the public
rights-of-way.
(3)
A person shall perform excavations and other construction [within] the public
rights-of-way in accordance with all applicable city requirements, including the
obligation to use trenchless technology whenever commercially practical and
consistent with obligations of other similar users of the public rights-of-way. The city
shall waive the requirement of trenchless technology if it determines that the field
conditions warrant the waiver, based upon information provided to the city by the
person. All excavations and other construction in the public rights-of-way shall be
conducted so as to minimize interference with the use of public and private property.
A person shall follow all reasonable construction directions given by the city in order
to minimize any such interference.
(4)
A person must obtain a permit, as reasonably required by applicable city codes, prior
to any excavation, construction, installation, expansion, repair, removal, relocation or
maintenance of the person’s facilities. A construction permit is not required for
routine maintenance that does not require excavation of the public rights-of-way or
which does not block traffic lanes or sidewalks during peak traffic periods between
7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. on weekdays, or for more than two
(2) hours during any non-peak traffic period. Once a permit is issued, a person shall
provide to the city a minimum of forty-eight (48) hours’ notice (which could be at the
time of the issuance of the permit) prior to undertaking any of the above-listed
activities on its facilities in, on or under the public rights-of-way. The failure of the
person to request and obtain a permit from the city prior to performing any of the
above-listed activities in, on or over any public rights-of-way, except in an emergency
as provided for in subsection (11) below, will subject the person to a stop-work order
from the city and enforcement action pursuant to the city’s Code of Ordinances. If the
person fails to act upon any permit within 90 calendar days of issuance, the permit
shall become invalid, and the person will be required to obtain another permit, unless
extended for good cause by the city.
(5)
When a person completes construction, expansion, reconstruction, removal,
excavation or other work, the person shall promptly restore the public rights-of-way
in accordance to its original condition. A person shall replace and properly re-lay and
repair the surface, base, irrigation system and landscape treatment of any public
right-of-way that may be excavated or damaged by reason of the erection,
construction, maintenance, or repair of the person’s facilities within thirty (30)
calendar days after completion of the work in accordance with existing standards of
the city in effect at the time of the work, unless extended by the city for good cause.
(6)
Upon failure of a person to perform any such repair or replacement work, and five (5)
days after written notice has been given by the city to the person, the city may repair
such portion of the public rights-of-way as may have been disturbed by the person, its
contractors or agents. Upon receipt of an invoice from the city, the person will
reimburse the city for the costs so incurred within thirty (30) calendar days from the
date of the city invoice.
(7)
Should the city reasonably determine, within one (1) year from the date of the
completion of the repair work, that the surface, base irrigation system or landscape
treatment requires additional restoration work to meet existing standards of the city, a
person shall perform such additional restoration work to the satisfaction of the city,
subject to all city remedies as provided herein.
(8)
Notwithstanding the foregoing subsection (7), if the city determines that the failure of
a person to properly repair or restore the public rights-of-way constitutes a safety
hazard to the public, the city may undertake emergency repairs and restoration efforts,
after emergency notice has been provided, to the extent reasonable time specified by
the city [sic]. A person shall promptly reimburse the city for all costs incurred by the
city within thirty (30) calendar days from the date of the city invoice.
(9)
A person shall furnish the city with construction plans and maps showing the location
and proposed routing of new construction or reconstruction at least five (5) days
before beginning construction or reconstruction that involves an alteration to the
surface or subsurface of the public rights-of-way, unless otherwise approved by the
city. A person may not begin construction until the location of new facilities and
proposed routing of the new construction or reconstruction and all required plans and
drawings have been approved in writing by the city, which approval will not be
unreasonably withheld, taking due consideration of the surrounding area and
alternative locations for the facilities and routing.
(10) If the city manager declares an emergency with regard to the health and safety of the
citizens and requests by written notice the removal or abatement of facilities, a person
shall remove or abate the person’s facilities by the deadline provided in the city
manager’s request. The person and the city shall cooperate to the extent possible to
assure continuity of service. If the person, after notice, fails or refuses to act, the city
may remove or abate the facility at the sole cost and expense of the person without
paying compensation to the person and without the city incurring liability for
damages.
(11) Except in the case of customer service interruptions and imminent harm to property
or person (“emergency conditions”), a person may not excavate the pavement of a
street or public right-of-way without first complying with city requirements. The city
manager or his/her designee shall be notified promptly regarding work performed
under such emergency conditions, and the person shall comply with the requirements
of city standards for the restoration of the public rights-of-way.
(12) Within ninety (90) days of completion of each new permitted section of a person’s
facilities, the person shall supply the city with a complete set of “as built” drawings
for the segment in a format used in the ordinary course of the person’s business to the
extent they are prepared in the ordinary course of business, but excluding customer
specific, proprietary or confidential information and as reasonably prescribed by the
city, and as allowed by law. The city may, at its discretion, accept, in lieu of “as built”
drawings, any reasonable alternative which provides adequate information as to the
location of facilities in the public rights-of-way.
(13) The city may require reasonable bonding requirements of a person as are required of
other entities that place facilities in the public rights-of-way.
(14) In determining whether any requirement under this division is unreasonable or
feasible, the city manager or his/her designee shall consider, among other things,
whether the requirement would subject the person or persons to an unreasonable
increase in risk or service interruption, or to an unreasonable increase in liability for
accidents, or to an unreasonable delay in construction or in availability of its services,
or to any other unreasonable technical or economic burden.
(2001 Code, sec. 4.1006)
Sec. 3.11.118
Conditions of right-of-way occupancy
(a) In the exercise of governmental functions, the city has first priority over all other uses of
the public rights-of-way. The city reserves the right to lay sewer, gas, water, and other pipelines
or cable and conduits, and to do underground and overhead work, and attachments, restructuring
or changes in aerial facilities in, across, along, over or under a public street, alley or public
right-of-way occupied by a person, and to change the curb, sidewalks, or the grade of streets.
(b) The city shall assign the location in or over the public rights-of-way among competing
users of the public rights-of-way with due consideration to the public health and safety
considerations of each user type, and, to the extent the city can demonstrate that there is limited
space available for additional users, may limit new users as allowed under state or federal law.
(c) If the city authorizes abutting landowners to occupy space under the surface of any public
street, alley, or public right-of-way, the grant to an abutting landowner shall be subject to the
rights of the previously authorized user of the public right-of-way. If the city closes or abandons
a public right-of-way that contains a portion of a person’s facilities, the city shall close or
abandon such public right-of-way subject to the rights of the person.
(d) If the city provides written notice, a person shall, at his or its own expense, temporarily or
permanently remove, relocate, change or alter the position of the person’s facilities that are in the
public rights-of-way within 120 days, except in circumstances that require additional time as
reasonably determined by the city based upon information provided by the person. For projects
expected to take longer than 120 days to remove, change or relocate, the city shall confer with
the person before determining the alterations to be required and the timing thereof. The city shall
provide notice whenever the city has determined that removal, relocation, change or alteration is
reasonably necessary for the construction, operation, repair, maintenance or installation of a city
governmental public improvement in the public rights-of-way. This division shall not be
construed to prevent a person’s recovery of the cost of relocation or removal from private third
parties who initiate the request for relocation or removal, nor shall it be required if improvements
are solely for beatification purposes without prior deliberation and agreement with the person.
(e) If the person fails to relocate facilities in the time allowed by the city in this division, the
person may be subject to liability to the city for such delay.
(f)
Notwithstanding anything in subsection (d) above, the city manager and a person may
agree in writing to different time frames than those provided above if circumstances reasonably
warrant such a change.
(g) A person may trim trees in or over the public rights-of-way for the safe and reliable
operation, use and maintenance of its facilities. All tree trimming shall be performed in
accordance with guidelines established by the National Arborist Association and International
Society of Arboriculture. Should the person, its contractor or agent fail to remove such
trimmings within twenty-four (24) hours, the city may remove the trimmings or have them
removed, and upon receipt of an invoice from the city the person shall promptly reimburse the
city for all costs incurred within thirty (30) calendar days from the date of the city invoice. A
person shall not be responsible for tree trimming or removal, except as to the trimming required
to construct, maintain, or restore utility service.
(h) A person shall temporarily remove, raise or lower its aerial facilities to permit the moving
of houses or other bulky structures if the city provides written notice of not less than 48 hours.
The expense of these temporary rearrangements shall be paid by the party or parties requesting
and benefiting from the same. The person may require prepayment or prior posting of a bond
from the party requesting the temporary move.
(2001 Code, sec. 4.1007)
Sec. 3.11.119
Insurance
(a) A person shall obtain and maintain insurance in the amounts reasonably prescribed by the
city with an insurance company licensed to do business in the state acceptable to the city. A
person shall furnish the city with proof of insurance at the time of the request for construction
permits. The city reserves the right to review the insurance requirements and to reasonably adjust
insurance coverage and limits when the city manager determines that changes in statutory law,
court decisions, or the claims history of the industry or the person require adjustment of the
coverage. For purposes of this division, the city will accept certificates of self-insurance issued
by the state or letters written by the person in those instances where the state does not issue such
letters, which provide the same coverage as required herein. However, for the city to accept such
letters, the person must demonstrate by written information that it possesses adequate financial
resources to be a self-insured entity as reasonably determined by the city, based on financial
information requested by and furnished to the city. The city’s current insurance requirements are
described in exhibit A on file in the office of the city secretary.
(b) A person shall furnish, at no cost to the city, copies of certificates of insurance evidencing
the coverage required by this division to the city. The city may request the deletion, revision or
modification of particular policy terms, conditions, limitations or exclusions, unless the policy
provisions are established by a law or regulation binding the city, the person, or the underwriter.
If the city requests a deletion, revision or modification, a person shall exercise reasonable efforts
to pay for and to accomplish the change.
(c)
An insurance certificate shall contain the following required provisions:
(1)
Name the city and its officers, employees, board members and elected representatives
as additional insureds for all applicable coverage;
(2)
Provide for 30 days’ notice to the city for cancellation, nonrenewal, or material
change; and
(3)
Provide that notice of claims shall be provided to the city manager by certified mail.
(d) A person shall file and maintain current proof of insurance with the city manager. An
insurance certificate obtained in compliance with this division is subject to city approval. The
city may require the certificate to be changed to reflect changing liability limits. A person shall
immediately advise the city attorney of actual or potential litigation that may develop or may
affect an existing carrier’s obligation to defend and indemnify under the insurance policy on file
with the city.
(e) An insurer has no right of recovery against the city. The required insurance policies shall
not protect the person and the city. The insurance shall be primary coverage for losses covered
by the policies.
(f) The policy clause “other insurance” shall not apply to the city if the city is a named insured
under the policy.
(g) The person shall pay premiums and assessments. A company which issues an insurance
policy has no recourse against the city for payment of a premium or assessment. Insurance
policies obtained by a person must provide that the issuing company waives all right of recovery
by way of subrogation against the city in connection with damage covered by the policy.
(2001 Code, sec. 4.1008)
Sec. 3.11.120
Indemnity
(a) Except as to certified telecommunications providers, each person placing facilities in the
public right-of-way shall agree to promptly defend, indemnify and hold the city harmless from
and against all damages, costs, losses, or expenses:
(1)
For the repair, replacement, or restoration of the city’s property, equipment, materials,
structures and facilities which are damaged, destroyed or found to be defective as a
result of the person’s acts or omissions;
(2)
From and against any and all claims, demands, suits, causes of action, and judgments
for:
(A) Damages to or loss of the property of any person (including but not limited to
the person, its agents, officers, employees and subcontractors, the city’s agents,
officers and employees, and third parties); and/or
(B) Death, bodily injury, illness, disease, loss of services, or loss of income or
wages to any person (including but not limited to the agents and/or officers)
resulting from the negligent or willful act or omission of the person, its agents,
employees, and/or subcontractors, in the performance of activities pursuant to
this division.
(b) This indemnity provision shall not apply to any liability resulting from the negligence of
the city, its officers, employees, agents, contractors, or subcontractors.
(c) The provisions of this indemnity are solely for the benefit of the city and are not intended
to create or grant any rights, contractual or otherwise, to any other person or entity.
(2001 Code, sec. 4.1009)
Sec. 3.11.121
Fee for use of right-of-way
(a) A certified telecommunications provider that provides telecommunications services within
the city is required to pay as compensation to the city for use of the public rights-of-way in the
municipality only the amount determined by the commission under section 283.055 of the Local
Government Code, as now or hereafter amended.
(b) This division does not affect the right of the city to initiate legal action against a
certificated telecommunications provider that uses a public right-of-way to provide local
exchange telephone service within the city and has not compensated the municipality in
accordance with chapter 283 of the Local Government Code.
(c) Fees imposed under this division shall constitute “a municipal fee” or “municipal fees”
within the meaning of the Utilities Code.
(2001 Code, sec. 4.1010)
CHAPTER 4
BUSINESS REGULATIONS
ARTICLE 4.01 GENERAL PROVISIONS liv*
Sec. 4.01.001
(a)
Charitable donation collection containers
Definitions.
Charitable collection center. Any nonprofit organization assembled for the primary purpose of
selling donated items.
Charitable donation collection container. Any metal, plastic or wooden container provided by a
charitable collection center for the primary purpose of receiving or storing donated items.
(b) Location of unattended containers. A charitable collection center shall not be permitted to
locate an unattended charitable donation collection container at any location in the city other than
on or adjacent to a premises or tract where the charitable collection center maintains a retail or
storefront facility operating with regular business hours.
(c) Exception. This section shall not apply to recycling bins located on Birdville Independent
School District property within the city.
(d) Penalty. This section shall be operative within the city limits, and any person who violates
any provision of this section, upon conviction in the municipal court of the city, shall be subject
to a fine in accordance with the general penalty provision found in section 1.01.009 of this code
for each offense, and each and every day such violation continues shall constitute a separate
offense.
(2001 Code, sec. 4.2101)
ARTICLE 4.02 ALCOHOLIC BEVERAGES lv†
Secs. 4.02.001–4.02.030
Reserved
Division 2. Sale of Beer and Wine
Sec. 4.02.031
Location
(a) No permit shall be issued for sale of beer or wine in any residential section of the city. For
the purpose of this division, the term “residential section” shall include all areas of the city
presently zoned residential, including SF6, D or MF, and all land hereafter zoned residential;
provided that this division shall not apply to any permit issued for premises zoned commercial at
the time of such issuance and subsequently rezoned residential.
(b) It shall be unlawful for any person who is engaged in the business of selling beer or wine to
sell the same where the place of business of any person or entity is within:
(1)
300 feet of a church, public or private school, or public hospital;
(2)
1,000 feet of a public school, if the city council receives a request from the board of
trustees of a school district under section 38.007, Education Code; or
(3)
1,000 feet of a private school if the city council receives a request from the governing
body of the private school.
(c) The measurement of the distance between the place of business where alcoholic beverages
are sold and the church or public hospital shall be along the property lines of the street fronts and
from front door to front door, and in a direct line across intersections. The measurement of the
distance between the place of business where alcoholic beverages are sold and the public or
private school shall be:
(1)
In a direct line from the property line of the public or private school to the property
line of the place of business, and in a direct line across intersections; or
(2)
If the permit or license holder is located on or above the fifth story of a multistory
building, in a direct line from the property line of the public or private school to the
property line of the place of business, in a direct line across intersections, and
vertically up the building at the property line to the base of the floor on which the
permit or license holder is located.
(d) Every applicant for an original alcoholic beverage license or permit for a location with a
door by which the public may enter the place of business of the applicant that is within 1,000 feet
of the nearest property line of a public or private school, measured along street lines and directly
across intersections, must give written notice of the application to officials of the public or
private school before filing the application with the city and the state alcoholic beverage
commission. A copy of the notice must be submitted to the city and the state alcoholic beverage
commission with the application. This subsection does not apply to a permit or license covering a
location where minors are prohibited from entering the premises under section 109.53 of the
Texas Alcoholic Beverage Code.
(e) The city council may allow a variance to this division if it determines that the enforcement
of the regulations in a particular instance is not in the best interest of the public, constitutes waste
or inefficient use of land and resources, creates an undue hardship on the applicant for a license
or permit, does not serve its intended purpose, is not effective or necessary, or for any other
reason the city council determines, after consideration of the equities of such regulations, that the
variance is in the best interest of the community. No variance may be granted hereunder except
after a public hearing for which notice has been given to owners of real property within three
hundred feet (300') of the location of said variance seeking a permit. Such notice must be
provided, not less than ten (10) days before the date set for hearing, to all such owners who have
rendered said property for city taxes as the ownership appears on the last approved city tax roll.
(2001 Code, sec. 4.201)
State law reference–Regulation of the location of sales of alcoholic beverages, V.T.C.A., Alcoholic Beverage
Code, sec. 109.31 et seq.
Sec. 4.02.032
Permit
A fee, the amount of which is located in the fee schedule in appendix A of this code, is hereby
imposed upon each application for a permit to sell beer or wine. This fee shall be collected when
the application for such permit is requested. Permits shall be available during regular business
hours from the city secretary. Such permit must be presented to the city secretary for certification
that such permit is in compliance with all city ordinances. (2001 Code, sec. 4.202)
State law reference–Local fee authorized on alcoholic beverage permits, V.T.C.A., Alcoholic Beverage Code, sec.
11.38.
Sec. 4.02.033
Hours of sale
The hours permitted for the sale of beer or wine shall be governed by sections 105.04 and 105.05
of the Texas Alcoholic Beverage Code, as now or hereafter amended. (2001 Code, sec. 4.203)
State law references–Hours of sale of wine and beer retailers, V.T.C.A., Alcoholic Beverage Code, sec. 105.04;
hours of sale of beer, V.T.C.A., Alcoholic Beverage Code, sec. 105.05.
Secs. 4.02.034–4.02.060
Reserved
Division 3. Sale of Alcoholic and Mixed Beverages
Sec. 4.02.061
Definitions
Indoor commercial recreation establishment. Is defined and conceptualized as follows, and shall
specifically be subject to each of the following stipulations:
(1)
An indoor commercial recreation establishment shall generally include establishments
wherein the sale of food and alcoholic and mixed beverages is specifically secondary
and incidental to its primary enterprise and activity on the premises and such sale of
food and alcoholic and mixed beverages comprises no more than forty percent (40%)
of the gross sales from the establishment. Further, regarding the sale of food versus
alcoholic and mixed beverages, such shall be in a ratio wherein the sale of alcoholic
and mixed beverages does not exceed seventy-five percent (75%) of the gross sales
attributable to food and alcoholic and mixed beverages.
(2)
The primary activity on the premises of the indoor commercial recreation
establishment shall be family-oriented in nature, generally to mean a use which
attracts a range of individuals from all age groups.
(3)
Uses on premises constituting indoor commercial recreation establishments may
specifically include, but are not limited to, dinner theaters, bowling centers, skating
rinks and other similar uses.
(4)
Outdoor commercial recreation is not included in the definition and concept of indoor
commercial recreation establishment, nor shall concession sales of alcoholic and
mixed beverages be permitted.
(5)
Bingo parlors, dance halls, nightclubs, taverns, billiard parlors, video arcades, adult
entertainment and/or sexually related entertainment activities, and similar uses, are
specifically excluded from this definition and concept of indoor commercial
recreation establishments.
Restaurant, cafe, cafeteria or eating establishment. A business whose gross sales from food on
an annual basis represent at least twenty-five percent (25%) of its total sales attributable to food
and alcoholic and mixed beverages for on-premises consumption.
(2001 Code, sec. 4.302)
Sec. 4.02.062
Permit; location
(a) Application. Any individual or entity applying for a permit or license issued by authority of
the state alcoholic beverage code or a renewal of such permit or license, or to change the location
of a place of business designated in such permit or license, shall deliver to the city secretary for
filing one (1) copy of the appropriate forms required by the state alcoholic beverage commission
together with scale drawings reflecting the proposed location of the applicant’s business in
relation to streets, property lines, and the nearest church, public school or public hospital. Such
person shall also provide a statement of his name, current address, addresses for the previous ten
(10) years, age, and all other city permits or licenses held in his name along with the names and
addresses of all persons with an interest in such business, which statement shall include an
affidavit that the information given is true and correct. The applicant shall further give
authorization for his fingerprints, height, weight, coloring and other description to be obtained by
the police department.
(b) Investigation of applicant. The city secretary shall direct such information to the chief of
police of the city, who shall cause an investigation to be made as to the applicant’s reputation as
well as those of his business associates and also as to the applicant’s criminal record, if any.
Upon completion of such investigation, the chief of police of the city shall forward such
information together with his investigative findings to the official with primary responsibility for
enforcing the zoning laws of the city. Such person shall determine the zoning district in which
such business is located, the distance to the nearest church, public school and public hospital and
any deficiency in the building proposed or planned for use. He shall forward his findings,
together with all material received from the chief of police of the city, to the city attorney.
(c) Zoning compliance; distance from church, school or hospital. The city attorney shall, upon
receipt of the information specified above, determine whether the applicant’s place of business is
to be located in a zoning district where such is prohibited and whether the use is prohibited to
this applicant by any ordinance or statute at such location. The city attorney shall notify the city
secretary of his determination and shall advise the city secretary to certify on the application that
the sale of mixed beverages as applied for is or is not prohibited at the location of the applicant’s
place of business.
(1)
Distance from church, school or hospital. It shall be unlawful for any person who is
engaged in the business of selling mixed alcoholic beverages to sell such mixed
alcoholic beverages where the place of business of any such person or entity is within
three hundred feet (300') of any church, public school or public hospital. The
measurement of the distance between the place of business where alcoholic beverages
are sold and church or public hospital shall be along property lines of the street fronts
and from front door to front door, and in a direct line across intersections. The
measurement of the distance between the place of business where alcoholic beverages
are sold and the public schools shall be in a direct line from the property line of the
school to the property line of the place of business, and in a direct line across
intersections. The same method of calculating distance shall apply to any premises
where minors are prohibited from entering pursuant to section 109.53 of the Texas
Alcoholic Beverage Code, as now or hereafter amended.
(2)
Variances. The city council may allow a variance to this section if it determines that
the enforcement of the regulations in a particular instance is not in the best interest of
the public, constitutes waste or inefficient use of land and resources, creates an undue
hardship on the applicant for a license or permit, does not serve its intended purpose,
is not effective or necessary, or for any other reason the city council determines, after
consideration of the health, safety and welfare of the public and the equities of such
regulation, that the variance is in the best interest of the community. No variance may
be granted hereunder except after a public hearing for which notice [has been given]
to owners of real property within three hundred feet (300') of the location of said
business seeking a variance. Such notice must be given not less than ten (10) days
before the date set for hearing, to all such owners who have rendered said property for
city roll taxes as the ownership appears on the last approved city tax roll.
(d) Filing of objections. If, from the city attorney’s examination, it appears that the applicant is
disqualified, or that the applicant’s place of business is inadequate, unsafe, unsanitary or does not
comply with the terms of this division or the Texas Alcoholic Beverage Code, or that any lawful
reason exists for which the permit or license should not be issued, it shall be the duty of the city
attorney to file objections to the issuance of the permit or license with the state alcoholic
beverage commission or with the county judge.
(e)
Fee established.
(1)
No individual or entity shall engage in the business of the selling or serving of mixed
alcoholic beverages without first having paid to the city the fee or fees levied by this
division. It shall be the duty of the city attorney to petition the state alcoholic
beverage commission to cancel the permit or license of any individual or entity who
shall engage in such business without having first paid the fees levied by this
division.
(2)
There is hereby levied, pursuant to section 11.38 of the Texas Alcoholic Beverage
Code, a fee for a license or permit issued for premises located within the city under
the Texas Alcoholic Beverage Code, which fee shall be equal at all times to one-half
(1/2) of the fee assessed by the state for each license or permit issued pursuant to the
Texas Alcoholic Beverage Code. The following, however, are exempt from the fee
authorized above:
(A) Agents, airline beverage, industrial carrier’s, private carrier’s, private club
registration, local cartage, storage and temporary wine and/or beer retailer’s
permit;
(B) A wine and/or beer retailer’s permit issued for a dining buffet or club car; and
(C) A mixed beverage permit during a three (3) year period following the initial
issuance of the permit.
(f) Payment of fee. The occupation taxes required for licenses and permits as required by this
division shall be paid in advance for one (1) year. A separate license as required by this division
shall be obtained for every place of business where the business of alcoholic beverages and
mixed beverages is conducted, and occupation taxes for each license shall be paid.
(g) Fee nonrefundable. No refund of a fee paid to the city under the terms of this division shall
be made for any reason except where the permittee or licensee is prevented from continuing in
business by reason of a local option election or an amendment of the zoning regulations of the
city concerning the property on which the place of business is located.
(h) Approval and issuance. Upon approval by the city attorney and payment of occupation
taxes, the city secretary shall issue a permit in the name of the city, which shall acknowledge
receipt of such amount and shall contain the number, name and expiration date of the state
permit or license, the name of the permittee or licensee, the address of the business and the date
of issuance.
(i) Display. The license issued by the city secretary shall be displayed at all times in a
conspicuous place within the licensed place of business.
(2001 Code, sec. 4.301)
State law references–Regulation of location of sales of alcoholic beverages, V.T.C.A., Alcoholic Beverage Code,
sec. 109.31 et seq.; local fee authorized on alcoholic beverage permits, V.T.C.A., Alcoholic Beverage Code, sec.
11.38; local fee authorized on alcoholic beverage licenses, V.T.C.A., Alcoholic Beverage Code, sec. 61.36.
Sec. 4.02.063
Documentation of gross receipts and sales
(a) Affidavit. The party or entity operating the business shall, on a monthly basis, on a date
coinciding with the date that the same information is furnished to the state, file with the city
secretary an affidavit reflecting gross receipts and sales of the business. The affidavit shall
contain a statement reflecting the gross sales attributable to food and gross sales attributable to
alcoholic and mixed beverages. The affidavit shall contain the address and telephone number of
the person executing the affidavit.
(b) Tax figures. The party or entity shall also file with the city secretary, on a monthly basis,
on a date coinciding with the date that such information is furnished to the state, the gross
receipts and figures furnished to the state for sales tax and alcoholic beverage tax purposes. This
provision applies to restaurants, cafes, cafeterias or eating establishments and to a permit fee of a
federal or state agency.
(c) Receipts from suppliers. The party or entity shall also furnish receipts from suppliers upon
request of the city secretary. Such receipts shall, upon request, reflect current sales and
operations for up to the previous twelve (12) months from the date of request.
Sec. 4.02.064
Zoning districts for on-premises sale
No establishment that derives 75 percent or more of the establishment’s gross revenue from the
on-premises sale of alcoholic beverages may operate in the city unless the establishment is
located in a use district of the city, as established by future and present zoning regulations of the
city, in which such sale of mixed alcoholic beverages is permitted. (2001 Code, sec. 4.304)
Sec. 4.02.065
Hours of sale for establishments selling only beer
(a) It shall be unlawful for any individual, entity or establishment that sells beer (as the only
alcoholic beverage sold) to sell or offer to sell beer between the hours of 1:00 a.m. and 12:00
noon on Sunday.
(b) It shall be unlawful for any person, entity or establishment that sells beer (as the only
alcoholic beverage sold) to sell or offer to sell beer between the hours of midnight and 11:00
a.m., Monday through Friday.
(c) It shall be unlawful for any individual, entity or establishment that sells beer (as the only
alcoholic beverage sold) to sell or offer to sell beer between the hours of 1:00 a.m. and 11:00
a.m. on Saturday.
(2001 Code, sec. 4.305)
State law reference–Hours of sale of beer, V.T.C.A., Alcoholic Beverage Code, sec. 105.05.
ARTICLE 4.03 POOL TABLES AND COIN-OPERATED MACHINES lvi*
Sec. 4.03.001
Definitions
The following words and phrases, as used in this article, are defined as follows:
Billiard and pool table. Any table or device surrounded by a ledge or cushion with or without
pockets, upon which balls are impelled by a stick or cue, regardless of whether the use or
operation of such table or device requires coins, metal slugs, tokens or checks.
Coin-operated machine. Every machine or device of any kind or character which is operated by
or with coins, metal slugs, tokens or checks. The terms “music coin-operated machine” and “skill
or pleasure coin-operated machine,” as those terms are herein defined, shall be included in such
definition.
Commission. The state amusement machine commission.
Music coin-operated machine. Every coin-operated machine of any kind or character which
dispenses or vends or which is used or operated for dispensing or vending music which is
operated by or with coins or metal slugs, tokens or checks. The following are expressly included
within said term: phonographs, pianos, graphophones, and all other coin-operated machines
which dispense or vend music.
Operator. Any person, firm, company, association or corporation who exhibits, displays or
permits to be exhibited or displayed, in a place of business other than his own, any coin-operated
machine, pool table or billiard table in this city.
Owner. Any person, individual, firm, company, association or corporation owning any
coin-operated machine, billiard table or pool table in this city.
Service coin-operated machine. Every pay toilet, pay telephone and all other machines or
devices which dispense service only and not merchandise, music, skill or pleasure.
Skill or pleasure coin-operated machine. Every coin-operated machine of any kind or character
whatsoever, when such machine or machines dispense or are used or are capable of being used or
operated for amusement or pleasure or when such machines are operated for the purpose of
dispensing or affording skill or pleasure, or for any other purpose other than the dispensing or
vending of “merchandise or music” or “service” exclusively, as those terms are defined in this
article. The following are expressly included within said term: marble machines, marble table
machines, marble shooting machines, miniature racetrack machines, miniature football
machines, miniature golf machines, miniature bowling machines, pinball machines, electronic
gaming devices and all other coin-operated machines which dispense or afford skill or pleasure.
(2001 Code, sec. 4.701)
Sec. 4.03.002
Operation by students during school hours prohibited
A permittee hereunder shall not permit the operation of skill or pleasure coin-operated machines
by any student of a public or private elementary or secondary school during school hours on days
in which schools in the Keller or Birdville Independent School Districts are in regular session. A
permittee hereunder shall affix and prominently display on each skill or pleasure coin-operated
machine, billiard table or pool table under his control a sign which shall read “Play by any
elementary or secondary school student during school hours is prohibited. Violations are subject
to a maximum fine of $200.00.” (2001 Code, sec. 4.710)
Secs. 4.03.003–4.03.030
Reserved
Division 2. Occupation Tax
Sec. 4.03.031
Levied
Every operator who owns, controls, possesses, exhibits, displays, or who permits to be exhibited
or displayed in his or her place of business in the city any coin-operated machine, billiard table
or pool table as defined herein, except as are exempted herein, shall be assessed the maximum
occupation tax permitted under section 2153.451 of the Texas Occupations Code. Such tax shall
be paid to the permit clerk of the city. (2001 Code, sec. 4.702)
Sec. 4.03.032
Exemptions
Gas meters, pay telephones, pay toilets, food vending machines, confection vending machines,
merchandise vending machines, beverage vending machines, and cigarette vending machines
subject to an occupation or gross receipts tax levied by the state, stamp vending machines, and
service coin-operated machines, as that term is defined, are expressly exempt from the tax levied
herein. (2001 Code, sec. 4.703)
Sec. 4.03.033
Sealing of machines for nonpayment of tax
Any coin-operated machine, billiard table or pool table upon which the tax levied herein has not
been paid shall be sealed. No person shall break the seal affixed to such machine or table or
display, exhibit or remove from the location any machine or table upon which the seal attached
under the provisions of this article has been broken. A fee as provided for in the fee schedule in
appendix A of this code is hereby levied for the release of any machine or table sealed as
provided herein for the nonpayment of tax. (2001 Code, sec. 4.704)
Secs. 4.03.034–4.03.060
Reserved
Division 3. Permit
Sec. 4.03.061
Required
No owner shall maintain, display for public patronage, or otherwise keep for operating by the
public any skill or pleasure coin-operated machine, billiard table or pool table without first
obtaining a permit from the city issued under the terms and conditions of this article. (2001
Code, sec. 4.705)
Sec. 4.03.062
Conditions; expiration
A permit issued under this article:
(1)
Is an annual permit which expires on December 31 following the date of issuance,
unless it is suspended or cancelled earlier;
(2)
Is effective for a single place of business only;
(3)
Vests no property right in the permittee except to maintain, display for public
patronage, and permit the use of skill or pleasure coin-operated machines, billiard
tables or pool tables in accordance with the terms and conditions of this article;
(4)
Is nontransferable, nonassignable and not subject to execution; and
(5)
Shall be prominently displayed at or near the entrance of the business premises, and
such display shall be permanent and conspicuous.
(2001 Code, sec. 4.706)
Sec. 4.03.063
Application
An applicant for a permit under the provisions of this article shall file with the permit clerk a
written application on a form provided for that purpose, which shall be signed by the applicant,
who shall be the owner of the business sought to be licensed. A separate application must be
filed for each location sought to be permitted. The following information is required in the
application:
(1)
Name, address, and telephone number of the applicant, including the trade name by
which the applicant does business and the street address of the business, and, if
incorporated, the name registered with the secretary of state;
(2)
Name, address, and telephone number of the owner of the premises to be permitted;
(3)
Number of coin-operated amusement devices in the premises to be permitted;
(4)
Principal use of the premises, number of square feet within the building, and number
of available parking spaces;
(5)
Whether a previous license of the applicant, or, if applicable, a corporate officer of
the applicant, has been revoked within two (2) years of filing of the application;
(6)
A statement that all facts contained in the application are true; and
(7)
Other information deemed necessary by the city for processing the application and
issuing the permit.
(2001 Code, sec. 4.707)
Sec. 4.03.064
Denial
The permit clerk shall refuse to approve issuance or renewal of a permit for one (1) or more of
the following reasons:
(1)
A false statement as to a material matter made in an application for a permit.
(2)
Revocation of a permit, pursuant to this article, of the applicant or a corporate officer
of the applicant within two (2) years preceding the filing of the application.
(3)
The premises are not properly zoned for such use.
(2001 Code, sec. 4.708)
Sec. 4.03.065
Replacement permit
A replacement permit may be issued for a permit that has been lost, destroyed or mutilated upon
application on a form provided by the permit clerk. A replacement permit shall have the word
“replacement” stamped across its face. (2001 Code, sec. 4.709)
Sec. 4.03.066
Cancellation
If any individual, company, corporation or association who owns, operates, exhibits or displays
any coin-operated machine, billiard table or pool table in the city shall violate any provision of
this article, the director of public works and/or permit clerk shall have the power and authority to
cancel all permits issued hereunder to any of the foregoing persons by giving written notice,
stating the reason justifying such cancellation, and the same shall be canceled ten (10) days from
the date of such notice. Appeal from such cancellation shall be to the city council at its second
regularly scheduled meeting following receipt of such notice of cancellation. Following
cancellation, no new permits shall be issued within a period of one (1) year to anyone whose
permits have been canceled, except at the discretion of the city council. If the permits of any
individual, company, corporation or association owning, operating or displaying coin-operated
machines, billiard tables or pool tables in the city are canceled, such individual, company,
corporation or association shall not operate, display or permit to be operated or displayed such
machines or tables until the new permits are granted. (2001 Code, sec. 4.711)
ARTICLE 4.04 OCCASIONAL OR GARAGE SALES
Sec. 4.04.001
Definitions
As used in this article, the following terms shall have the respective meanings ascribed to them:
Occasional sales. Any sale of tangible personal property at retail, [including] but not limited to
garage sales, patio sales, yard sales and all other on-site sales in a residential district as herein
provided, by a person who does not hold himself out as engaged in or does not habitually engage
in the business of selling tangible personal property at retail.
Retail sales. All retail sales, except occasional sales and garage sales, as that term is herein
defined, are expressly prohibited in residential zoning districts by the zoning regulations for the
city.
(2001 Code, sec. 4.501)
Sec. 4.04.002
Penalty
Any person failing to comply with the requirements of this article, and acts in violation hereof,
commits an offense and shall be subject to a penalty as outlined in section 1.01.009 of this code.
(2001 Code, sec. 4.506)
Sec. 4.04.003
Registration
Any individual desiring to conduct an occasional sale or garage sale shall, not less than twelve
(12) hours prior to the sale, file with the director of public works, or his duly authorized
representative, a written statement of intent to conduct an occasional sale or garage sale. Such
statement shall set forth the name, age (must be at least 18 years of age) and address of the
registrant and shall contain a statement that the provisions of this article have been read by the
registrant and that he/she agrees to comply with all provisions contained therein, and all other
ordinances and regulations, including but not limited to section 4.04.006 of this article regulating
signs announcing an occasional sale or garage sale. Such statement shall further contain the
address and location of the proposed site where the occasional sale or garage sale is to be
conducted, and the proposed dates and times of the sale. (2001 Code, sec. 4.504)
Sec. 4.04.004
Permit
(a) No individual may conduct an occasional sale or garage sale unless a permit allowing such
a sale is issued by the director of public works, or his duly authorized representative. The sign
issued by the city shall serve as a permit.
(b) Permit fees for the occasional sale or garage sale are set forth in the fee schedule found in
appendix A of this code.
(2001 Code, sec. 4.505)
Sec. 4.04.005
Location; conditions of operation
Occasional sales, including garage sales, patio sales and yard sales, are hereby permitted in city
zoning districts SF6, SFA, D and MF, provided that:
(1)
The number of such occasional sales or garage sales shall not exceed four (4) during
any calendar year (January 1 to December 31);
(2)
Such occasional sales or garage sales are not conducted by any person or group of
persons holding themselves out as engaged in or who do in fact habitually engage in
the business of selling tangible personal property at retail;
(3)
The tangible personal property shall be sold only on the premises of the owner or
lessee of the property where the sale is conducted and said owner or lessee must be
the legal owner of such tangible personal property at the time of such sale;
(4)
The sale shall be confined to the garage, patio and yard on such premises;
(5)
No new merchandise (i.e., merchandise acquired solely for the purpose of resale)
shall be sold at such occasional sale or garage sale; and
(6)
The duration of each sale shall not exceed three (3) calendar days.
(2001 Code, sec. 4.502)
Sec. 4.04.006
Signs
One (1) temporary unlighted sign issued by the city announcing the holding of an occasional sale
or garage sale shall be permitted to be posted at the place of residence of the sale. Up to four (4)
additional signs may be issued by the city announcing the holding of an occasional sale or garage
sale and shall be allowed to be posted in any zoning district subject to the following restrictions:
(1)
Signs shall be located on private property only. Signs shall not be permitted on any
public property or right-of-way, or on any utility, light, traffic-signal or sign pole;
(2)
Signs shall be issued by the city, and no other sign shall be utilized to advertise the
occasional or garage sale;
(3)
No more than five (5) signs issued by the city may be posted in connection with each
occasional sale or garage sale;
(4)
Each sign shall contain the address and date of the occasional sale or garage sale;
(5)
Signs shall not be posted more than twenty-four (24) hours prior to the beginning of
the sale and shall be removed within twenty-four (24) hours following the end of the
sale. Failure to comply with this section is an offense and the offender shall be subject
to a penalty as outlined by section 4.04.002 of this article;
(6)
When registering an occasional sale or garage sale as required by section 4.04.003 of
this article, the registrant must specifically list and designate the location of each sign
that the registrant intends to post in connection with the occasional sale or garage
sale. If any sign is designated to be posted on another person’s property, written
permission from that person must be obtained prior to registration and provided to the
city prior to the issuance of a permit; and
(7)
The person conducting the occasional or garage sale shall pay a permit fee as set forth
by section 4.04.004 of this article. One (1) temporary sign shall be issued by the city
when this fee is paid and the permit is issued. In order for additional signs to be
issued by the city, the individual obtaining the permit must submit a fee of two dollars
($2.00) per additional sign up to the maximum of four (4) additional signs.
(2001 Code, sec. 4.503)
ARTICLE 4.05 CHILD CARE FACILITIES
Sec. 4.05.001
Requirements for home child care facilities
Any person making application to operate a home child day care nursery or babysitting nursery
may be issued a permit by the city permit clerk if the applicant shows that the following
requirements shall and will be met and section 4.05.002 hereof is satisfied:
(1)
The applicant has complied with all state rules, regulations, and license requirements.
(2)
Said nursery or kindergarten shall be completely within the residence.
(3)
The applicant shall have no full-time employees in the nursery or kindergarten except
the applicant’s immediate family; however, there may be one (1) part-time employee
if said person works not more than twenty (20) hours in any given week.
(4)
No signs will be erected to advertise the nursery.
(5)
No alterations or additions to the residence will be made that will detract from the
residential appearance.
(6)
The applicant shall keep no more children in the nursery than allowed by state law.
(7)
Each permit granted pursuant to this article shall expire on December 31st of the year
in which the permit is issued. A permit fee, as provided for in the fee schedule found
in appendix A of this code, shall be charged for each full year, or a prorated fee shall
be charged if less than a full year is applicable when the permit is first issued. An
additional charge will be payable to cover costs of notification of property owners.
(8)
An existing permit may be renewed by payment of an annual fee, as provided for in
the fee schedule found in appendix A of this code, on or before January 15th of each
succeeding year, unless the permit has been otherwise cancelled by the city council.
Failure to pay the annual renewal fee on or before January 15th shall act as an
automatic cancellation of the permit and the permit holder shall immediately cease its
operation.
(9)
Persons employed by a residential day care facility in the city and called upon to
drive in the city while transporting children under the age of eighteen (18) pursuant to
their employment with the residential day care facility shall be required to read the
pamphlet published by Texas Operation Lifesaver entitled “Information and Key
Safety Tips at Highway Rail Grade Crossings.” Said drivers shall also be required to
view the videotape entitled “Why Wait?” also available from Texas Operation
Lifesaver. The videotape and the pamphlets shall be made available at no cost to the
driver or the day care facility by the city through the library.
(10) Upon receipt of a signed statement reflecting that the pamphlet and videotape have
been reviewed by the day care facility driver, the city shall issue to said driver a
certificate endorsed by the permit secretary evidencing that the driver has satisfied the
above-stated requirements. No driver shall transport children under the age of
eighteen (18) for day care facility purposes while not in possession of said certificate.
Violation of this subsection shall be punishable by a fine as set forth in section
1.01.009 of this code, per occurrence, to both the day care facility and the driver.
(11) Prior to the issuance or renewal of a permit required by this section, the fire marshal
of the city shall inspect the applicant’s premises and facilities for code compliance.
Certification of compliance shall be included in the applicant’s permit application.
(2001 Code, sec. 4.1301)
Sec. 4.05.002
Zoning approval for facilities in residential districts
It is hereby declared to be unlawful for any person, firm, or corporation to engage in the
operation of a child care nursery or kindergarten which provides care for five (5) or more
children who are unrelated by affinity or consanguinity within SF6, R-1A, and MF residential
districts from and after the passage of this article as provided by law unless the following is first
complied with and city council approval is given:
(1)
Making application in writing to the chairman of the planning and zoning
commission, which application shall contain the following:
(A) Name of the enterprise;
(B) Nature of the enterprise;
(C) Location;
(D) Name of the owner or owners;
(E) Address of the owner or owners; and
(F)
(2)
Signature of the applicant.
By fulfilling all other required steps described in the zoning ordinance pertaining to
planning and zoning commission hearing, [and] notification of the property owners
within two hundred feet (200') of the proposed location.
(3)
The securing of a list of signatures of all property owners within two hundred feet
(200') of the proposed location; said list shall contain the personal signature and
address of each property owner, together with such owner’s statement of approval or
disapproval or otherwise expressing opinions on the proposed nursery or
kindergarten.
(4)
Upon hearing by the planning and zoning commission, the commission shall make its
recommendation to the city council concerning the application for the permit.
(5)
The city council will then consider the application for the permit, together with the
planning and zoning commission’s recommendations, and vote whether or not to
allow the permit to be issued.
(6)
A person, firm, or corporation issued a permit to operate a home child care facility
within SF6, R-1A or MF residential districts shall be charged an annual permit fee as
set forth in the fee schedule in appendix A of this code and a one-time planning and
zoning commission hearing fee. No special use permit fee as set forth in section
A11.002 shall be charged.
(2001 Code, sec. 4.1302)
Sec. 4.05.003
Revocation of permit
If any child day care nursery or kindergarten, having been granted its permit to operate as such,
ceases to operate, or so alters its operation as to cease conducting as such, or goes beyond the
scope of same, the permit shall be forfeited by the city council under the following provisions:
(1)
The giving of notice, by certified mail, of a hearing to be held more than thirty (30)
days from receipt of the notice.
(2)
Said notice shall briefly state the purpose of the hearing that the person, firm, or
corporation so operating the day care nursery or kindergarten has ceased to comply
with the requirements of this article.
(3)
Said owner is to be given a hearing by the city council to show cause why such
permit should not be withdrawn.
(4)
The city council shall thereafter make its decision by majority vote, and notify the
owner by certified mail.
(2001 Code, sec. 4.1303)
Sec. 4.05.004
Requirements for facilities in commercial districts
A child care facility operated not in a private residence but in a commercially zoned district shall
comply with the following requirements:
(1)
Said property shall be properly zoned or application shall be made and finally
approved before the commencement of operation of the business.
(2)
Said business shall comply with all state laws concerning the operation of child care
nurseries and kindergartens.
(3)
Said business shall be required to pay a permit fee, as provided for in the fee schedule
found in appendix A of this code, for each calendar year, ending December 31st of
each year, or a proration thereof. Said sum is due and payable by January 15th of each
year.
(4)
Failure to pay the fee required above shall subject the owner to a fine not to exceed
the amount set forth in section 1.01.009 of this code, each day being a separate
violation of this article.
(5)
Prior to the issuance or renewal of a permit required by this article, the fire marshal of
the city shall inspect the applicant’s premises and facilities for code compliance.
Certification of compliance shall be included in the applicant’s permit application.
(2001 Code, sec. 4.1304)
Sec. 4.05.005
Driver’s certificate for commercial facilities
(a) Persons employed by a commercial day care facility in the city (including child care
facilities operated by churches) and called upon to drive in the city while transporting children
under the age of eighteen (18) pursuant to their employment with the commercial day care
facility shall be required to read the pamphlet published by Texas Operation Lifesaver entitled
“Information and Key Safety Tips at Highway Rail Grade Crossings.” Said drivers shall also be
required to view the videotape entitled “Why Wait?” also available from Texas Operation
Lifesaver. The videotape and the pamphlets shall be made available at no cost to the driver or the
day care facility by the city through the library.
(b) Upon receipt of a signed statement reflecting that the pamphlet and videotape have been
reviewed by the commercial day care facility driver, the city shall issue to said driver a
certificate endorsed by the permit secretary stating that the driver has satisfied the above-stated
requirements. No driver shall transport children under the age of eighteen (18) for commercial
day care facility purposes while not in possession of said certificate. Violation of this subsection
shall be punishable by a fine as set forth in section 1.01.009 of this code, per occurrence, to both
the day care facility and the driver.
(2001 Code, sec. 4.1305)
ARTICLE 4.06 CHARITABLE SOLICITATION
Sec. 4.06.001
Definitions
For the purposes of this article, the following definitions shall apply unless the content requires a
different definition:
Charitable purpose. The use of money or property for the benefit of:
(1)
Charity or philanthropy, or poor, impoverished, destitute, underprivileged, needy,
refugee, diseased, injured, crippled, disabled, or handicapped persons, or persons in
need of rehabilitation;
(2)
Patriotism, that is, for the teaching of patriotism or the relief or assistance of veterans
or veterans’ organizations; or
(3)
Existing educational institutions, or for the establishment or endowment of
educational institutions or in aid of the education of any person or group of persons.
Charitable solicitation. Conduct whereby a person, organization, society, corporation or its
agent, member or representative:
(1)
Solicits property, financial aid, gifts in money, or any article representing monetary
value; or
(2)
Sells or offers to sell a product, article, tag, service, publication, ticket, advertisement,
or subscription;
on the plea or representation, whether express or implied, that the proceeds from the solicitation,
sale or entertainment are for a charitable purpose.
(2001 Code, sec. 4.401)
Sec. 4.06.002
Violations; penalty
(a) A person commits an offense if he violates by commission or omission any provision of
this article that imposes upon him a duty or responsibility.
(b) A person who violates a provision of this article is guilty of a separate offense for each day
or portion of a day during which the violation is committed, continued or permitted, and each
offense is punishable by a fine in accordance with the general penalty provision found in section
1.01.009 of this code.
(c) In addition to prohibiting or requiring certain conduct of individuals, it is the intent of this
article to hold a corporation, partnership or other association criminally responsible for acts or
omissions performed by an agent acting in behalf of the corporation, partnership or other
association, and within the course and scope of his employment.
(2001 Code, sec. 4.411)
Sec. 4.06.003
Compliance
No person may solicit contributions for a charitable purpose until the provisions of this article
are fully complied with and until a permit for the purpose has been issued by the city authorizing
the solicitation in the city. (2001 Code, sec. 4.407)
Sec. 4.06.004
Responsibility of permittee; credentials; use of funds; misrepresentation
(a) All applicants receiving charitable solicitation permits shall supply their solicitors with
credentials of identification, reflecting their authority to solicit on behalf of the organization.
Such credentials of identification shall be shown upon request.
(b) The holder of a charitable solicitation permit is responsible for the overt acts of his
authorized representatives in connection with the solicitation.
(c) No person shall use or disburse funds collected pursuant to a charitable solicitation permit
for a purpose other than the charitable purpose described in the application and the actual and
necessary expenses incident to the solicitation, collection, and disbursement of the funds.
(d) No person may solicit or obtain gifts in money or merchandise, directly or indirectly, by the
misrepresentation of names, occupation, affiliation, physical disability, financial condition, social
condition or residence.
(2001 Code, sec. 4.406)
Sec. 4.06.005
Investigation of irregularities
(a) In all cases where the city determines or has reason to believe that a person or organization
is soliciting for a charitable purpose without a permit or the funds of a person or organization
operating under a charitable solicitation permit have been or are being diverted from the
purposes for which they are collected, or have been secured by misrepresentation, the person or
organization involved is subject to investigation by the city, and the city may require the person
or organization to file an immediate account of its receipts and expenditures.
(b) The city may execute in writing and cause to be served upon a person who is believed to
have information, documentary material, or physical evidence relevant to an alleged or suspected
violation of this article, an investigative demand requiring the person to furnish, under oath or
otherwise, a report in writing setting forth the relevant facts or circumstances of which he has
knowledge, or to appear and testify or to produce relevant documentary material or physical
evidence for examination, at a reasonable time and place as may be stated in the investigative
demand, concerning a charitable solicitation that is the subject matter of an investigation.
(c) Failure or refusal to comply with an investigative demand made pursuant to the provisions
of subsection (b) above is a violation of this article.
(2001 Code, sec. 4.408)
Sec. 4.06.006
Prohibited conduct
A person engaged in charitable solicitation either door-to-door or in a public place shall not:
(1)
Obstruct or impede the passage of a pedestrian or vehicle;
(2)
Make physical contact with the person being solicited unless that person’s permission
is being obtained;
(3)
Misrepresent the charitable purpose of the solicitation; or
(4)
Misrepresent the charitable affiliation of those engaged in the solicitation.
(2001 Code, sec. 4.410)
Secs. 4.06.007–4.06.030
Reserved
Division 2. Permit
Sec. 4.06.031
Required; exemptions
(a) No person or organization may conduct a charitable solicitation by handbills,
advertisements, house-to-house canvass, or by any other method in the city without the person,
organization, society, or corporation responsible for conducting the solicitation first obtaining a
permit in compliance with the terms of this article, unless specifically exempted by this article.
(b) If a person or organization conducts or manages a charitable solicitation in the name of or
on behalf of another person or organization, each entity shall obtain a charitable solicitation
permit, unless specifically exempted by this article.
(c)
It is a defense to prosecution under this article that:
(1)
An organization solicits funds or goods only from its own ownership;
(2)
A person or organization solicits funds only by use of public broadcasting media;
(3)
A person or organization solicits funds only from foundations.
(d) This article shall not apply to persons under eighteen (18) years of age if engaged in
fundraising activities for a nonprofit organization using all profits for young people’s activities,
including but not limited to scouting organizations and activities, or donating all profits to
charities other than a sponsoring organization. Further, such article shall not apply to the
organization for which young persons (eighteen years of age or under) are soliciting, provided
that such young persons are members of said organization.
(e) A solicitation is conducted within the city when it is communicated to a person then located
within the city, whether or not the person making the solicitation receives a contribution or
makes a sale.
(2001 Code, sec. 4.402)
Sec. 4.06.032
Application
(a) An applicant for a permit to conduct a charitable solicitation in the city shall file a sworn
application in writing with the city not less than ten (10) days before the proposed charitable
solicitation activities are planned.
(b) Upon the showing of unforeseen emergency or circumstances necessitating immediate
action to render aid for a charitable purpose, the city may issue a charitable solicitation permit on
a temporary basis before the expiration of the required ten-day period as provided in the
foregoing subsection.
(c)
The application must contain the following information:
(1)
The full name of the person or organization applying for a permit to solicit and the
address of the headquarters in the city; if the organization is a chapter or other
affiliation of an organization having its principal office outside the city, the name and
address of the parent organization.
(2)
The names and addresses of all officers and directors or trustees of the organization
and the name and city of residence of all officers, directors or trustees of the parent
organization, if any.
(3)
The name of the person or persons by whom the receipts of the solicitation will be
disbursed; if the receipts are transmitted to a parent organization for further
disbursement, detailed information on the methods of handling and disbursement of
all funds and a detailed and complete financial statement of the parent organization
for the last preceding fiscal year.
(4)
The name, address and telephone (residential and business) of the local person or
persons who will be in charge of conducting the charitable solicitation.
(5)
A description of the method or methods to be used in conducting the charitable
solicitations.
(6)
The period within which the charitable solicitation will be conducted, including the
proposed dates for the beginning and ending of the solicitation.
(7)
A full statement of the character and extent of the charitable work done by the
applicant within the city during the preceding year and a statement of the specific
purpose for which funds are to be solicited, together with a detailed account of their
intended use.
(8)
If the applicant is a corporation, a copy of its charter or articles of incorporation from
its state of incorporation. If the applicant is a foreign corporation, a copy of its
certificate to do business in this state is also required.
(9)
If the applicant is a charitable corporation or other nonprofit organization, evidence
and documentation of the applicant’s current status as a charitable association or other
organization to which contributions are tax deductible for federal income tax
purposes.
(10) A statement as to whether contributions to the person or organization are tax
deductible and what percentage of the contributions are not tax deductible, if
applicable.
(11) If the applicant is proposing to solicit on behalf of a nationally recognized charitable
organization, including but not limited to the Boy Scouts of America and its affiliated
agencies and organizations, the Girl Scouts of America and its affiliated agencies and
organizations, the United Way, the American Heart Association, the American
Cancer Society, Easter Seals, or the American Red Cross, or if the proposed
solicitation is on behalf of a local organization affiliated with or benefiting the local
government or local school district, a letter from that organization authorizing the
applicant to solicit on behalf of the organization shall suffice for purposes of this
section and the applicant shall not be required to submit the information specified in
subsections (2) through (10) immediately preceding.
(12) Other information which may be required by the city in order to fully determine the
type and character of the proposed solicitation.
(2001 Code, sec. 4.404)
Sec. 4.06.033
Issuance or denial
(a) Upon receipt of an application, the city shall make or cause to be made an investigation to
determine the qualifications of the applicant for a permit.
(b)
If the city finds that:
(1)
The applicant has met all the requirements of this article;
(2)
None of the circumstances in subsection (f) below exist;
the city shall issue a permit within two (2) weeks.
(c) If the city finds that the applicant does not meet the requirements for a charitable
solicitation permit as provided by this article, or that there is need to question the applicant to
clarify the application, or that one or more of the circumstances in subsection (f) exist, the city
shall so notify the applicant in writing that the application has been denied and that they may
request a hearing before the city manager within ten (10) days after the receipt of such notice of
denial.
(d)
After a formal hearing, if the city manager finds that:
(1)
The applicant has met all the requirements of this article;
(2)
None of the circumstances in subsection (f) below exist;
the city shall issue a permit.
(e) In the case of unforeseen emergency or circumstances necessitating immediate action to
render aid for a charitable purpose, the city may issue a charitable solicitation permit on a
temporary basis, not to exceed ten (10) days, if the applicant has met all other requirements of
this article and qualifies under subsection (d)(2) above. Temporary permits issued by the city
shall automatically expire after ten (10) days.
(f) The city shall refuse issuance of a permit if, upon investigation and hearing, it is found that
the applicant has not complied with all the requirements of this article or that any one or more of
the following enumerated statements are true:
(1)
One or more of the statements made in the application or at a hearing on the
application are false.
(2)
The applicant or person in charge of the charitable solicitation has been convicted of a
crime of moral turpitude, or that the applicant or person in charge has made or caused
to be made false statements or misrepresentations to a member of the public with
regard to the charitable solicitation campaign or other activities described in the
permit, or has in any way publicly represented that the charitable solicitation permit is
an endorsement or recommendation of the cause for which the charitable solicitation
is being conducted or has otherwise violated any of the terms of a charitable
solicitation permit or this article.
(g) If the city refuses a charitable solicitation permit pursuant to this article, including denial
following a hearing before the city manager, such applicant may appeal to the city council at its
next regularly scheduled and legally posted meeting.
(h) There shall be no permit or application fees collected by the city regarding charitable
solicitation permits.
(2001 Code, sec. 4.404)
Sec. 4.06.034
Duration; transfer
(a) Charitable solicitation permits are valid only for the period specified in the permit. Permits
will be issued for a period of thirty (30) days unless the applicant justifies and documents the
necessity for a longer period. Upon a showing by the applicant of necessity, the city may approve
issuance of a permit for a period not to exceed one year, with the written approval of the city
manager.
(b) An extension of the permit, not to exceed thirty (30) days, may be granted by the city
secretary upon a showing of a good cause by the permittee, with the written approval of the city
manager.
(c) Charitable organizations continuously operating on an annual basis which have as their
chief source of revenue the sale of goods, wares, and merchandise, whether or not donated to the
organization, will hold permits effective from January 1st of each year until December 31st of
the same year. Annual written applications must be submitted for renewal of these permits.
(d)
A charitable solicitation permit is nontransferable.
(2001 Code, sec. 4.405)
Sec. 4.06.035
Revocation
(a) The city shall revoke a charitable solicitation [permit] of a permittee for any one or more of
the following reasons:
(1)
The making of a false statement as to a material matter in an application or hearing
concerning an application;
(2)
The making of a false statement or misrepresentation to a member of the public with
regard to the solicitation activity;
(3)
Violation of any of the terms or conditions of the charitable solicitation permit;
(4)
Violation of a provision of this article;
(5)
The representation by a permittee that the charitable solicitation permit is an
endorsement or recommendation of the cause for which the solicitation is being
conducted.
(b) The city shall send written notice of revocation to the permittee to the address provided on
the application, by certified mail, return receipt requested, setting forth the reasons for the
revocation. Such shall constitute legally sufficient notice for purposes of this article.
(2001 Code, sec. 4.409)
ARTICLE 4.07 ITINERANT MERCHANTS lvii*
Sec. 4.07.001
Definitions
Charitable solicitation. Conduct whereby a person, organization, society, corporation or its
agents, members or representatives:
(1)
Solicits property, financial aid, gifts in money, or any article representing monetary
value; or
(2)
Sells or offers to sell a product, article, toy, service, publication, ticket, advertisement
or subscription;
on the plea or representation, whether express or implied, that the proceeds from the solicitation,
sale or entertainment are for a charitable purpose.
Door-to-door selling. Going to one (1) or more residences within the city in person or by agent
for the purpose of soliciting, selling or taking orders for merchandise or services.
Itinerant vending. Engaging in a temporary business in the city in person or by agent for the
purpose of soliciting, selling or taking orders for merchandise or services.
Merchandise. Is used in its broadest sense, and shall include property of every kind, including
but not limited to food and food substances.
Services. Is used in its broadest sense, and shall include any work done for the benefit of another
person.
Temporary business. As applied in this article, shall mean:
(1)
Any such business for which definite arrangements have not been made for the hire,
rental, lease or maintenance of premises for at least thirty (30) days in or upon which
such business is to be operated or conducted; and
(2)
Any business conducting the sale of food, merchandise, or the provision of services
other than those transactions conducted within an enclosed building which has been
certified for occupancy by the director of public works, or his authorized designee,
for such sales or services in conformity with the Code of Ordinances for the city.
(2001 Code, sec. 4.801)
Sec. 4.07.002
Violations; penalty; responsibility for acts by agents
offense is punishable by a fine as set forth in section 1.01.009 of this code.
article to hold a corporation, partnership or other association criminally responsible for acts or
association, and within the scope of his employment.
(2001 Code, sec. 4.822)
Sec. 4.07.003
Purpose
This entire article is and shall be deemed to be an exercise of the police power of the state and of
the city for the public safety, comfort, convenience and protection of the city and the health, life
and property of its citizens, and each provision contained herein shall be construed for the
accomplishment of that purpose. (2001 Code, sec. 4.820)
Sec. 4.07.004
Exceptions
The provisions of this article shall not be applicable to salespersons calling upon or dealing with
manufacturers, wholesalers, distributors, brokers or retailers at their places of business, and in
the usual course of their business, nor shall they be applicable to sales made under authority and
by order of law. Nor shall this article be applicable to persons, firms or corporations engaged in
charitable solicitations. (2001 Code, sec. 4.819)
Sec. 4.07.005
Registration of persons engaged in interstate commerce
(a) The term “interstate commerce” means soliciting, selling or taking orders for, or offering to
take orders for, any goods, wares, merchandise, photographs, newspapers or magazines or
subscriptions to newspapers or magazines which, at the time the order is taken, are in another
state or will be produced in another state and shipped or introduced into this city in the
fulfillment of such orders.
(b) Compliance with sections 4.07.041 through 4.07.050, both inclusive, of this article shall
not be required of persons engaged in interstate commerce; provided, however, that it shall be
unlawful for persons engaged in interstate commerce to engage in any of the activities named in
section 4.07.041 hereof without having first registered with the city, giving the following
information:
(1)
Name, home address, and local address, if any, of the registrant, along with the
addresses of the registrant during the previous five (5) years and the name of at least
one (1) reference in each community;
(2)
Name and address of the person, firm or corporation, if any, that the registrant
represents, or for whom or through whom orders are to be solicited or cleared;
(3)
Nature of the articles or things which are to be sold or for which orders are to be
solicited;
(4)
Whether the registrant, upon any sale or order, shall demand or receive or accept
payment or deposit of money in advance of final delivery;
(5)
Period of time which the registrant wishes to solicit or sell in the city;
(6)
Whether or not the registrant has engaged in any of the activities named in section
4.07.041 in any other cities, and, if so, the names of the last three (3) such cities and
the dates of the registrant’s activities in such cities;
(7)
If the registrant is an individual, the registrant’s age, sex, height, weight, complexion,
color of eyes, color of hair and fingerprints;
(8)
If the registrant is an individual, a recent photographic likeness of the registrant must
be furnished at registration; and
(9)
The registrant shall also submit proof of his identity to the city, which may be in the
form of an automobile operator’s license, identification letter or card issued to the
registrant by the person, firm or corporation for whom or through whom orders are to
be solicited or cleared. Further, the registrant shall fully satisfy the city that the
activity to be engaged in is in fact interstate commerce. The city may request
information reasonably related to making such determination.
(2001 Code, sec. 4.818)
Sec. 4.07.006
Entering residence under false pretenses
It shall be unlawful for any person to enter a private residence under false pretenses for the
purposes of engaging in any of the activities named in section 4.07.041 hereof. (2001 Code, sec.
4.813)
Sec. 4.07.007
Refusal to leave upon request
It shall be unlawful for any person while engaged in any of the activities named in section
4.07.041 hereof to remain in a private residence or on the premises thereof after the owner or
occupant has requested such person to leave. (2001 Code, sec. 4.814)
Sec. 4.07.008
Loud noise prohibited
4.07.041 hereof to make or cause to be made any loud or unusual noise of such a nature as to
disturb the peace and quiet of any neighborhood in the city. (2001 Code, sec. 4.815)
Sec. 4.07.009
Obstructing passage; misrepresentation
A person, firm or corporation engaged in solicitation or itinerant vending shall not:
(1)
Obstruct or impede the passage of any pedestrian or vehicle; and
(2)
Misrepresent affiliation with any other organization.
(2001 Code, sec. 4.816)
Sec. 4.07.010
Solicitation at private residence after 8:00 p.m.
4.07.041 hereof to go to a private residence in this city for such purposes before 8:00 a.m. or
after 8:00 p.m., of any day, without a prior invitation from the occupants of said private
residence. (2001 Code, sec. 4.817)
Sec. 4.07.011
“No solicitors” signs
(a) A person or business desiring that no merchant or other person engage in solicitation at his
residence or on its premises shall exhibit in a conspicuous place upon or near the main entrance
of its building or structure a weatherproof card which is clearly visible and easily read upon
approach to said building or structure, containing the words, “NO SOLICITORS.” The letters
shall be not less than three-quarters (3/4") of an inch in height.
(b) Every itinerant merchant, upon going onto any premises upon which a residence or
business is located, shall first examine the building or structure to determine if any notice
prohibiting soliciting is exhibited upon or near the main entrance to the building or structure. If
notice prohibiting soliciting is exhibited, the merchant shall immediately depart from the
premises without disturbing the occupant, unless the visit is the result of a request made by the
occupant.
(c) No person shall go upon any residential premises and ring the doorbell, or rap or knock
upon the door or create any sound in a manner calculated to attract the attention of the occupant
of the residence, for the purpose of securing an audience with the occupant and engaging in or
attempting to engage in charitable solicitation or sale of merchandise as an itinerant merchant
transaction, if a card as described in subsection (a) above is exhibited in a conspicuous place
upon or near the main entrance to the residence, unless the visit is the result of a request made by
the occupant.
(d)
No person, other than the occupant of the residence, shall remove, deface or render illegible
a card placed by the occupant pursuant to subsection (a) above.
(e) Any merchant who has gained entrance on the premises, or audience with the occupant,
whether invited or not, shall immediately depart from the premises without disturbing the
occupant further when requested to leave by the occupant.
(2001 Code, sec. 4.821)
Secs. 4.07.012–4.07.040
Reserved
Division 2. License
Sec. 4.07.041
Required
It shall be unlawful for any person, personally, by agent or as the agent of another, to engage in
door-to-door selling, door-to-door soliciting, or itinerant vending, or to sell out of a vehicle
parked on premises where there is no related business building in the city, without a license or
registration permit as provided in this article, unless specifically exempted. (2001 Code, sec.
4.802)
Sec. 4.07.042
Application
Any person desiring to engage in any of the activities named in section 4.07.041 hereof, and not
otherwise specifically exempted, shall file a written application with the city, verified by
affidavit as to the truthfulness of its contents, and containing the following information:
(1)
Name, date of birth (if the applicant is an individual), current residence and post
office addresses and telephone number (both residential and business) of the
applicant, and, if the applicant is not a permanent resident of the city, the applicant’s
permanent residence and post office addresses, and telephone number (both
residential and business). Additionally, the addresses of the applicant during the
previous five (5) years with the name of at least one (1) reference in each community
shall be provided;
(2)
A specific description of the occupation in which the applicant desires to engage and
for which the license is desired;
(3)
A full and complete description of the merchandise or services which the applicant
desires to sell;
(4)
Whether the applicant, upon any sale or order, shall demand, accept or receive
payment or deposit of money in advance of final delivery or rendition of the
merchandise or services sold;
(5)
Source of supply (name, address and telephone number), location and proposed
method of delivery of the merchandise or services to be sold;
(6)
Names, residence and post office addresses, and telephone numbers (both residential
and business) of three (3) individuals to provide character and business references and
with whom the city may communicate concerning any information it may desire
regarding the applicant;
(7)
Whether or not the applicant has engaged in any of the activities named in the
preceding section in other cities, and, if so, the names of the last three (3) such cities
and the dates of the applicant’s activities in such cities;
(8)
If the applicant is an individual, the applicant’s age, sex, height, weight, complexion,
color of hair, color of eyes and fingerprints. Additionally, each applicant shall submit
personal identification with a photographic likeness;
(9)
If the applicant is an individual, a full and complete statement of the applicant’s
criminal record, if any, including a detailed account of all arrests (whether convicted
or not), charges filed (whether convicted or not), offenses committed, convictions,
sentences received, time served, paroles or pardons received, and the date, place and
jurisdiction relating to each such item. Further, the applicant shall execute a release
document permitting the city to verify such criminal record and criminal history
through informational services available to the city. Such criminal record and
criminal history information shall be used only for the purposes set forth in this
article;
(10) If the applicant is an individual, there shall be attached to the application a recent
photographic likeness of the applicant;
(11) If the applicant is the agent of another, the name, address and telephone number (both
residential and business) of the applicant’s principal and credentials or authorization
which were issued by the principal to the applicant setting forth the extent of the
applicant’s authority to act for and bind the principal. Such credentials or
authorization shall be attached to the application;
(12) If the applicant is a partnership, association or joint venture, the full names, addresses
and telephone numbers of all partners, associates or joint venturers;
(13) If the applicant is a corporation, the formal corporate name, the state of incorporation,
the principal place of business, the name of the registered agent for service of process
and his address, and the names and any and all incorporators, and, if a foreign
corporation, whether it has a certificate of authority to transact business in the state;
(14) A copy of a limited sales tax permit issued by the state, or documentary evidence that
the goods sold are not subject to such sales tax;
(15) A copy of a valid and current health certificate from the county health department if
merchandise of edible quality is to be sold; provided, however, this shall not apply to
the sale of candy, nuts or other edibles prepared and packaged by a nationally
recognized manufacturer or a Texas manufacturer meeting standards imposed by state
and local health codes, if such packages are unbroken. Further, a current and valid
certification from the public health office that the applicant and all employees are free
of all contagious and communicable diseases shall also be submitted; and
(16) Any other information or documentation requested by the city and which reasonably
relates to the regulation of the subject of this article.
(2001 Code, sec. 4.803)
Sec. 4.07.043
Disqualification of persons convicted of crime of moral turpitude
No permit shall be issued to any person who shall have been convicted of any crime of moral
turpitude. (2001 Code, sec. 4.804)
Sec. 4.07.044
Bond requirements
At the time the application is filed, the applicant shall also file with the city a bond in the penal
sum of two thousand dollars ($2,000.00), signed by the applicant as principal and by a corporate
surety company authorized to do business in the state as surety. Such bond shall be conditioned
upon the final delivery or performance of the merchandise or services in accordance with the
terms of the order obtained prior to delivery or performance and further to indemnify any and all
purchasers for any and all defects in material or workmanship that may exist in the merchandise
sold or the services performed by the principal at the time of delivery or performance, or that
may be discovered within thirty (30) days after delivery or performance. Such bond shall be for
the use and benefit of all persons that may make any purchase, give any order or enter into any
contract with the principal on such bond or the principal’s agents. The surety may terminate its
liability under such bond by giving ten (10) days’ written notice to the city, after which time the
surety will not be liable for any subsequent act of the principal. There shall be attached to the
bond a certified copy of the surety company’s resolution authorizing the person signing for the
surety company to act as its attorney in fact. (2001 Code, sec. 4.805)
Sec. 4.07.045
Blanket bond
In the event the applicant is an acknowledged agent of a licensee hereunder who has on file with
the city a blanket bond, conditioned as provided in the preceding section, and covering the
activities of all of such licensee’s agents, no additional bond shall be required so long as the
applicant acts solely as the agent of such licensee. Acknowledgment of such agent shall be made
in writing by such licensee and a certified copy of such acknowledgment provided to the city.
(2001 Code, sec. 4.806)
Sec. 4.07.046
Fees
At the time the application is filed with the city, the applicant shall pay to the city a filing fee and
a permit fee which shall be established by ordinance and shall be compensation to the city for the
services herein required of it and to enable the city to partially defray the expenses of
investigation, surveillance and the enforcement of the provisions of this article. If, under the
provisions of section 4.07.047 hereof, no license is issued, the permit fee shall be refunded to the
applicant. The filing fee shall be retained by the city. If the applicant is a corporation,
partnership, association, joint venturer or individual having more than one (1) agent engaging in
any of the activities named in section 4.07.041 hereof, the fees collected shall cover the cost of
licensing the first two (2) of such agents and an additional fee as provided by resolution shall be
required for each agent. Each applicant seeking a license shall file a separate application and
filing fee. (2001 Code, sec. 4.807)
Sec. 4.07.047
Issuance
Within ten (10) days after an applicant has fully complied with the provisions of this article, the
city shall issue to the applicant a license to engage in the activities described in section 4.07.041
for a period of sixty (60) days from the date of issuance. However, no license shall be issued to
an applicant whose application contains one (1) or more statements or answers which are false in
whole or in part, nor shall a license be issued to any applicant who has been convicted of a crime
involving moral turpitude. (2001 Code, sec. 4.808)
Sec. 4.07.048
Suspension
Any license issued under the provisions of this article shall be automatically suspended when the
surety terminates its liability on the licensee’s bond, or the principal’s bond if the licensee is the
agent of another, or upon expiration of the licensee’s bond, or the principal’s bond if the licensee
is the agent of another, and such license shall be reinstated only upon the filing with the city of a
new bond meeting the requirements of section 4.07.044 or 4.07.045 hereof. During any such
period of suspension, it shall be unlawful for the holder to engage in any of the activities named
in section 4.07.041 hereof. Further, the city manager or chief of police may temporarily suspend
a license or permit for a period of time not to exceed forty-eight (48) hours when presented with
a sworn statement by a peace officer or other concerned party showing a reasonable cause to
believe that a suspension is necessary to protect against violations of this article. (2001 Code,
sec. 4.809)
Sec. 4.07.049
Revocation
Any license issued under the provisions of this article may be revoked and canceled by the city
manager upon the holder’s conviction of a crime involving moral turpitude, and the city manager
may revoke and cancel the license of any holder or agent who is convicted of a violation of any
provision of this article and may provide that no license shall thereafter be issued to such holder.
Revocation of any license, for whatever cause, shall, at the discretion of the city manager,
automatically revoke the license of all agents of such licensee. Further, subsequent discovery by
the city of any false statement of a material fact on the application, whether made by the
applicant or his agent, shall result in immediate revocation of the license. Any appeal from such
revocation shall be to the city council at its next regularly scheduled and legally posted meeting
following such revocation. (2001 Code, sec. 4.810)
Sec. 4.07.050
Display
When engaged in door-to-door selling or itinerant vending, the license or permit required by this
article shall be carried by the salesperson and shall upon request be submitted to any police
officer or citizen for examination; otherwise, such license or permit shall be prominently
displayed upon the premises or place where the business authorized thereunder is being carried
on or conducted. (2001 Code, sec. 4.811)
Sec. 4.07.051
Transfer
The license or permit provided for in this article shall not be transferable, nor shall it give
authority to anyone other than the licensee named thereon to engage in the activities named in
section 4.07.041 hereof. (2001 Code, sec. 4.812)
ARTICLE 4.08 PAWNBROKERS, SECONDHAND DEALERS,
JUNK DEALERS AND ANTIQUE DEALERS lviii*
Sec. 4.08.001
Definitions; exceptions
(a) For the purpose of this article, the following words and phrases shall have the following
meanings:
Antique dealer. Any person, entity, corporation or partnership engaging in the sale, trade,
auction, handling, buying or trading of merchandise wherein a minimum of fifty percent (50%)
of the existing inventory consists of antiques or antique items. An antique or antique item for
purposes of this article shall be any personal property that is more than fifty (50) years old or is
commonly considered collectible or has value as a collectible item due to its age, rarity or
uniqueness.
Junk dealer. A person whose principal business, at any one location or site, consists of the
collecting, buying and/or selling of scrap materials, discarded materials, including all scrap
metals, inoperative or wrecked automobiles, or other motor vehicles and/or other used or
discarded salvage materials.
Pawnbroker. Any person whose principal business, at any one location or site, consists of
loaning money secured by any personal property (as distinguished from real property) which is
left as security with the principal making the loan, and/or the sale, handling, or purchase of any
such secondhand or used personal property.
Secondhand dealer. A person whose principal business at any one location or site consists of the
collecting, handling, buying, trading, or selling of used or secondhand merchandise. Such
merchandise shall include, but is not limited to, clothing, watches, jewelry, objects fabricated
from precious metals, diamonds, luggage, musical instruments, shotguns, rifles, handguns or any
other type of firearms, and other wares and merchandise handled by secondhand dealers in the
usual course of trade. The term “secondhand dealer” shall not mean any person whose principal
business, at any given location or site, consists of the sale, purchase, or handling of new goods or
merchandise. Further, the term “secondhand dealer” shall not apply to any person conducting a
“garage sale” or “yard sale” from such person’s residence, provided that such “garage sale” or
“yard sale” shall not exceed three (3) consecutive calendar days in duration and the number of
sales shall not exceed four (4) during any twelve (12) month period.
(b) Junk dealer and/or secondhand dealer shall not mean antique dealers, used car dealers,
automobile supply businesses, automobile repair garages or other similar businesses. This
limitation and exclusion is by way of explanation and not of limitation. This exclusionary clause
shall not be used to expand the definitions contained in this article.
(2001 Code, sec. 4.1101)
Sec. 4.08.002
Hours of business
It shall be unlawful for any person to engage in any business of a secondhand dealer, junk dealer,
or pawnbroker between the hours of 9:00 p.m. and 7:00 a.m. (2001 Code, sec. 4.1102)
Sec. 4.08.003
Records and reports
(a) All junk dealers, secondhand dealers and pawnbrokers as defined in this article, doing
business or offering to do business in the city, shall maintain records in which shall be legibly
written by the dealer, at the time of any such transaction, an accurate description in the English
language of the article or item purchased by or deposited with the junk dealer, secondhand
dealer, pawnbroker or antique dealer; the amount of money paid for same or loaned thereon; the
date and time of purchase or deposit; and the name, age, sex, signature, residence and race of the
person selling or depositing such article or item, together with the name of the state issuing the
license and the number of the license of the automobile in which such article or item was
delivered to such dealer.
(b) A junk dealer, secondhand dealer or pawnbroker shall obtain from each seller or depositor
of any property and insert in the registration book the number of the current Texas driver’s
license of such person and date it expires. If for any reason the seller does not possess a current
Texas driver’s license, other identification and the reason for not possessing a Texas driver’s
license shall be set forth in the registration book together with the seller’s or depositor’s
thumbprint plainly and clearly in ink opposite his name in the records of the dealer or
pawnbroker.
(c) The taking of a thumbprint shall not be applicable to transactions wherein a licensee shall
purchase from a person having a valid license or permit to transact and engage in a lawful
business or occupation, whether such license or permit be issued by the city, the state, or the
United States of America (including a limited sales tax permit from the state), and in such
transactions the identification of the seller of the junk or merchandise shall be deemed sufficient
if the licensee shall make a notation of the type and number of such license or permit.
(d) Junk dealers, secondhand dealers and pawnbrokers as defined in section 4.08.001 shall file
all daily incoming merchandise records electronically to the website “l.e.a.d.s.online.com”,
designed as an agent of the police department for the sole purpose of collecting such records,
within five (5) working days, or in such other form as may be authorized in writing by the chief
of police.
(e) A violation of this section is a misdemeanor and shall be punishable by a fine in
(2001 Code, sec. 4.1107)
Sec. 4.08.004
Identification of merchandise
Each lot, sack, barrel, box or other container of junk or other merchandise purchased by or
deposited with the licensee hereunder shall be kept intact and have written or stamped in a
conspicuous place either on the container thereof, or if no container on one of the articles, the
serial number of the report made as set out the preceding section, which number shall at all times
be kept plain and legible. Such number shall be affixed on every secondhand article by means of
a tag on which is legibly printed the corresponding serial number of the report of sale and
purchase required by the preceding section. (2001 Code, sec. 4.1108)
Sec. 4.08.005
Holding period for articles received
Each lot of junk and such secondhand article shall be retained in its original form, shape and
condition for a period of ten (10) days after such purchase or deposit, during which time no part
of such junk or other merchandise shall be sold or permitted to be redeemed or removed from the
place of business of such dealer. (2001 Code, sec. 4.1109)
Sec. 4.08.006
Articles with manufacturer’s brand or serial number obliterated
No junk or secondhand dealer, pawnbroker, or antique dealer shall purchase or receive for
deposit or have in his possession any article of junk or secondhand article, except small metal
articles bought in bulk with other scrap metal, from which the manufacturer’s serial number or
brand has been removed or obliterated. (2001 Code, sec. 4.1110)
Sec. 4.08.007
Inspection of merchandise by police
Each article purchased by or deposited with a junk dealer, secondhand dealer, pawnbroker, or
antique dealer shall at all reasonable times be open to inspection by any member of the city
police department. (2001 Code, sec. 4.1111)
Sec. 4.08.008
Purchases from minors
No junk dealer, secondhand dealer, pawnbroker, or antique dealer shall purchase or receive in
pledge or on deposit for any purpose any article from any child under the age of seventeen (17)
which may be owned or claimed by or in the possession of or control of any child unless the
parent or guardian of any child shall state in writing that such transaction took place with such
parent’s or guardian’s full knowledge and consent, which written statement shall be signed by
the parent or guardian and have thereon the address and telephone number, if any, of such parent
or guardian. Such written statements are to be maintained by the junk dealer, secondhand dealer,
pawnbroker, or antique dealer and shall be retained with the record of transaction. (2001 Code,
sec. 4.1112)
Secs. 4.08.009–4.08.040
Reserved
Division 2. License
Sec. 4.08.041
Required; issuance
No junk dealer, secondhand dealer, pawnbroker or antique dealer shall transact or engage in
business within the city unless or until he shall have obtained an annual license therefor, which
license may be procured by complying with the following provisions:
(1)
An applicant for a license shall make a request therefor in writing to the director of
public works, which application shall contain the name, residence and street number
and such other reasonable information as will identify such applicant, together with
the classification of such applicant. In the case of a firm or corporation, the
application shall reflect the individual members of the partnership and officers of the
corporation.
(2)
The license hereby applied for shall be subject to all provisions and regulations of this
code and other ordinances of the city related to junk, junk dealers, secondhand
dealers, pawnbrokers, and antique dealers.
(3)
Such application shall be signed and sworn to by the person applying therefor before
some officer authorized by law to administer oaths.
(4)
Each application shall be presented to the director of public works, who shall issue a
license to the applicant upon compliance of the application with the terms of this
article.
(2001 Code, sec. 4.1103)
Sec. 4.08.042
Posting
Every junk dealer, secondhand dealer, pawnbroker, and antique dealer while engaged in the
prosecution of his business shall have posted and available for inspection at all times his license
to engage in such business. (2001 Code, sec. 4.1104)
Sec. 4.08.043
Use by other persons prohibited
No junk dealer, secondhand dealer, pawnbroker or antique dealer shall assign or knowingly
permit his license to be used by another, and no person shall use the license of any such dealer
except his own in disposing of junk or merchandise as enumerated in this article. (2001 Code,
sec. 4.1105)
Sec. 4.08.044
Cancellation
Conviction for violating any of the provisions of this article shall be sufficient cause for the
cancellation of the license within the discretion of the city council. (2001 Code, sec. 4.1106)
Sec. 4.08.045
Fees
Fees required under this article are set forth in the fee schedule in appendix A of this code. (2001
Code, sec. 4.1113)
ARTICLE 4.09 FLEA MARKETS
Sec. 4.09.001
Definitions
For the purpose of this article, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
Flea market. Any establishment which for a fee or remuneration of any kind permits others to
display for sale used or secondhand wearing apparel, watches, jewelry objects fabricated from
precious metals, luggage, musical instruments, firearms, furniture, household appliances,
automobile parts and accessories, hand tools, mechanical equipment, garden tools, hobby items,
water heaters, pipes, electrical fittings, plumbing fittings, radios, television sets, bicycles, and
any and all kinds of used goods, wares, and merchandise.
(2001 Code, sec. 4.1201)
Sec. 4.09.002
Hours
It shall be unlawful for any person to engage in any business or transaction of a flea market
between the hours of 7:00 p.m. and 7:00 a.m. (2001 Code, sec. 4.1202)
Sec. 4.09.003
General regulations; records
(a) A license issued under this article shall not entitle the holder thereof to engage in the sale of
used merchandise, but shall only authorize the operation of a flea market for the rental or the
privilege of selling such merchandise to others.
(b)
Upon penalty of suspension of license, every flea market licensee shall furnish a copy of
the regulations contained within this article to every person who is allowed to display
merchandise for sale within such flea market.
(c) No person shall be allowed to display merchandise for sale in any flea market unless and
until the licensee hereunder obtains from him and records in a record book, which shall be
legibly written by the licensee at the time such space is rented, the name, age, sex, signature,
residence, and race of the person displaying merchandise with permission of the licensee
together with a driver’s license number from a Texas operator’s license issued to such person,
the address contained thereon and thumbprint in ink opposite his name in registration book. The
date that such merchandise is to be displayed shall be also entered thereon, and the licensee shall
be responsible for seeing that no person is allowed to display merchandise more frequently than
four (4) times in any two (2) month period.
(d) No person shall sell any merchandise in any flea market unless his name is recorded in the
book required by the foregoing subsection for the date on which such sale is made.
(e) All merchandise on the premises of a flea market shall be subject to inspection at all times
by any member of the city police force. Persons displaying merchandise for sale may be required
by such members of the police force to verify that they are legally the owners of such
merchandise.
(f) No merchandise shall be displayed for sale at any flea market or article from which the
manufacturer’s serial number or brand has been removed or obliterated.
(g) Any person violating any of the provisions of this article shall be barred from displaying
any merchandise at a flea market in the city.
(2001 Code, sec. 4.1205)
Secs. 4.09.004–4.09.030
Reserved
Division 2. License
Sec. 4.09.031
Required; application; issuance
No flea market shall be operated within the city without a license obtained therefor, which
license may be procured by complying with the following provisions:
(1)
Application information. An applicant for a license shall make request therefor in
writing addressed to the city permit department, which application shall contain the
name, residence, and the street number and such other reasonable information as will
identify such applicant, together with the classification of such applicant in case of a
firm or corporation, in which event the application shall show the individual members
of the partnership and the officers of the corporation.
(2)
Compliance statement. Such application shall contain the following words: “The
license hereby applied for shall be subject to all provisions and regulations of the
Code of Ordinances and other ordinances of the city related to junk, junk dealers,
secondhand dealers, pawnbrokers and flea market operations.”
(3)
Fee. The annual license fee for a license under this article shall be in the amount set
forth in the fee schedule in appendix A of this code.
(4)
Application to be signed and sworn. Such application shall be signed and sworn to by
the person applying therefor before some officer authorized by law to administer
oaths.
(5)
Issuance. Each application shall be presented to the city permit department, which
shall issue a license to the applicant upon compliance of the application with the
terms of this article.
(2001 Code, sec. 4.1203)
Sec. 4.09.032
Posting
Every flea market operator while engaged in the prosecution of his business shall have posted in
public view and available for inspection at all times his license to be engaged in such business.
(2001 Code, sec. 4.1204)
ARTICLE 4.10 SALE OR PROMOTION OF DRUG PARAPHERNALIA
Sec. 4.10.001
Definitions
Controlled substance and dangerous drug. Refers to those substances defined by the Texas
Controlled Substances Act, V.T.C.A. Health and Safety Code, chapter 481 and the Texas
Dangerous Drug Act, V.T.C.A. Health and Safety Code, chapter 483.
Drug paraphernalia. All equipment, products and materials of any kind which are used or
primarily intended for use in planting, propagating, cultivating, growing, harvesting,
manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing,
packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or
otherwise introducing into the human body a controlled substance in violation of this article. It
includes but is not limited to:
(1)
Kits used or intended for use in planting, propagating, cultivating, growing or
harvesting of any species of plant which is a controlled substance or from which a
controlled substance can be derived;
(2)
Kits used or intended for use in manufacturing, compounding, converting, producing,
processing or preparing controlled substances;
(3)
Isomerization devices used or intended for use in increasing the potency of any
species of plant which is a controlled substance;
(4)
Testing equipment used or intended for use in identifying or in analyzing the strength,
effectiveness or purity of controlled substances;
(5)
Scales and balances used or intended for use in weighing or measuring controlled
substances;
(6)
Diluents and adulterants such as quinine hydrochloride, mannitol, mannite, dextrose
and lactose used or intended for use in cutting controlled substances;
(7)
Separation gins and sifters used or intended for use in removing twigs and seeds from
or in otherwise cleaning or refining marijuana;
(8)
Blenders, bowls, containers, spoons and mixing devices used or intended for use in
compounding controlled substances;
(9)
Capsules, balloons, envelopes and other containers used or intended for use in
packaging small quantities of controlled substances;
(10) Containers and other objects used or intended for use in storing or concealing
controlled substances;
(11) Hypodermic syringes, needles and other objects used or intended for use in
parenterally injecting controlled substances into the human body;
(12) Objects used or intended for use in ingesting, inhaling or otherwise introducing
marijuana, cocaine, hashish oil, etc., into the human body, such as:
(A) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without
screens, permanent screens, hashish heads or punctured metal bowls;
(B) Water pipes;
(C) Carburetion tubes and devices;
(D) Smoking and carburetion masks;
(E) Chamber pipes;
(F)
Carburetor pipes;
(G) Electric pipes;
(H) Air-driven pipes;
(I)
Chillums;
(J)
Bongs; and
(K) Ice pipes or chillers.
Intentionally, knowingly, recklessly and criminal negligence. Shall have the meaning set forth in
section 6.03 of the Texas Penal Code.
Person, association and corporation. Shall have the meaning set forth in section 1.07 of the
Texas Penal Code.
Presumption. Shall have the meaning and procedural effect set forth in section 2.05 of the Texas
Penal Code.
Promote. Manufacture, sell, transfer, offer for sale, or display for sale or transfer, knowing, or
under circumstances where one reasonably should know, that the drug paraphernalia will be used
by the recipient or intended recipient to plant, propagate, cultivate, grow, harvest, manufacture,
compound, convert, produce, process, prepare, test, analyze, package, repackage, store, contain,
conceal, inject, ingest, inhale or otherwise unlawfully introduce into the human body a controlled
substance or dangerous drug.
(2001 Code, sec. 4.1401)
Sec. 4.10.002
Evidentiary rules
(a) In determining whether an object is drug paraphernalia under this article, a court or other
authority should consider, in addition to all other logically relevant factors but subject to the
current rules of evidence, the following:
(1)
Statements by an owner or by anyone in control of the object concerning its use;
(2)
Prior convictions, if any, of an owner or of anyone in control of the object, under any
state or federal law relating to any controlled substance or dangerous drug;
(3)
The existence of any residue of controlled substances or dangerous drugs on the
object;
(4)
Direct or circumstantial evidence of the intent of an owner or of anyone in control of
the object to deliver it to persons he knows or should reasonably know intend to use
the object to facilitate a violation of this article (the innocence of an owner or of
anyone in control of the object as to a direct violation of this article does not prevent a
finding that the object is intended for use or designed for use as drug paraphernalia);
(5)
Instructions, oral or written, provided with the object concerning its use;
(6)
Descriptive materials accompanying the object which explain or depict its use;
(7)
The manner in which the object is displayed for sale;
(8)
Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales
of the business enterprise;
(9)
The existence and scope of legitimate uses for the object in the community;
(10) Expert testimony concerning its use; and
(11) The physical design characteristics of the item(s).
(b) A person or corporation who possesses six (6) or more drug paraphernalia items is
presumed to be possessing for the purpose of promoting drug paraphernalia. Identical items shall
constitute one item for the purpose of determining the six (6) items.
(c) It is an affirmative defense to prosecution that the charged party’s conduct was authorized
by V.T.C.A. Health and Safety Code, chapter 481.
(2001 Code, sec. 4.1402)
Sec. 4.10.003
Prohibited acts
It shall be unlawful for any person, association or corporation to intentionally, knowingly,
recklessly or with criminal negligence promote or possess for the purpose of promotion, or
permit, allow or suffer to be promoted or possessed for the purpose of promotion, on property for
which he has a greater right to possession than the general public, drug paraphernalia as defined
by this article. It shall be unlawful for any person, firm or corporation to sell or offer for sale,
barter or trade any drug paraphernalia within the city limits. (2001 Code, sec. 4.1403)
Sec. 4.10.004
Responsibility for offense committed by another
(a) A person is criminally responsible as a party to an offense if the offense is committed by
his own conduct, by the own conduct of another for which he is criminally responsible or by
both. Each party to an offense may be charged with commission of the offense.
(b)
A person is criminally responsible for an offense committed by the conduct of another if:
(1)
Acting with the kind of culpability required for the offense, he causes or aids an
innocent or nonresponsible person to engage in conduct prohibited by the definition
of the offense; or
(2)
Acting with intent to promote or assist the commission of the offense, he solicits,
encourages, directs, aids or attempts to aid the other person to commit the offense.
(c) In a prosecution in which a person’s criminal responsibility is based on the conduct of
another, the actor may be convicted on proof of commission of the offense and that he was a
party to its commission, and it is no defense:
(1)
That the party belongs to a class of persons that by definition of the offense is legally
incapable of committing the offense in an individual capacity; or
(2)
That the person for whose conduct the actor is criminally responsible has been
acquitted, has not been prosecuted or convicted, has been convicted of a different
offense or of a different type or class of offense, or is immune from prosecution.
(d) If conduct constituting an offense herein is performed by an agent acting in behalf of a
corporation or association and within the scope of his office or employment, the corporation or
association is criminally responsible for such offense.
(2001 Code, sec. 4.1404)
Sec. 4.10.005
Seizure and forfeiture
Any drug paraphernalia as defined in this article shall be subject to seizure and civil forfeiture by
law enforcement authorities acting under either a valid warrant or pursuant to a violation
observed by the seizing officer. Such actions shall be subject to the applicable sections of state
law. (2001 Code, sec. 4.1405)
ARTICLE 4.11 MASSAGE ESTABLISHMENTS lix*
Sec. 4.11.001
Definitions
Health service officer.
(1)
Any person, physical educator or physical director who is qualified by education and
training in health services and who is approved by an education institution to give
massage services in any establishment operated by a public school, private school or
other educational institution approved by the chief of police and city health officer;
(2)
Any person, physical educator or physical director who is qualified by education and
experience and who has passed the standards and requirements of the Health Service
Operators Society of the YMCA qualifying the operator to administer massage; or
(3)
Any person qualified by education and training to give massage subject to the
approval of the chief of police and city health officer.
Massage. Any process consisting of the kneading, rubbing or otherwise manipulating the skin of
the body of a human being, either with the hands or by means of electrical or mechanical
instruments or apparatus, but shall not include massage by licensed physicians, osteopaths,
chiropractors and naturopaths, physical therapists and health service operators and employees
under their supervision and shall not include massage of the face and scalp by duly licensed
barbers and beauticians.
Massage establishment. Any house, building, room or establishment where massage or
manipulated exercises are practiced upon the human body of any person, and shall include the
use of any modalities and electrotherapy, hydrotherapy and exercise therapy, and shall include
Turkish and Swedish bathhouses, but shall not include duly licensed hospitals and offices of
physicians, osteopaths, chiropractors and naturopaths, beauty parlors and barbershops
performing scalp and facial massage services licensed under the ordinances of the city and/or the
state, and educational institutions, health clubs and private clubs approved by the chief of police
and the personnel regulating health matters in the city.
Physical therapist. A graduate of a school approved by the Council of Medical Education and
Hospitals of the American Medical Association, or registered with the American Registry of
Physical Therapists, or a member of the American Physical Therapy Association.
(2001 Code, sec. 4.601)
Sec. 4.11.002
Application for license
(a) It shall be unlawful for any person, firm or corporation to operate a massage establishment
as herein defined without first having obtained approval under the zoning ordinances applicable.
If zoning approval is properly secured, it shall then be necessary for the person, firm or
corporation to file a formal written application, in letter form, with the city secretary. Said
application shall include:
(1)
Health certificate information as required herein;
(2)
Name and address of all employees;
(3)
A statement that all zoning laws have been complied with;
(4)
Name and address of the business establishment;
(5)
License fee to be attached to the application;
(6)
Approval by the chief of police indicating compliance with section 4.11.007 herein;
and
(7)
Request to have the application considered by the city council at the next available
regular council meeting.
(b) Said application shall then be placed on the agenda for consideration by the city council at
the next available council meeting. If approved, it shall be necessary for said application to be
renewed by the applicant and approved by the council every twelve (12) months, and failure to
make application and/or secure council approval at the end of each twelve (12) month period
shall act as an automatic revocation of the applicant’s right to operate a massage establishment
within the city beyond the twelve (12) months for which approval was obtained.
(c) If council approval is not obtained, then no application may be filed by the same person,
firm or corporation for a period of six (6) months from the date of rejection by the city council.
The license fee attached to the application shall be returned to the applicant upon rejection of
said application.
(2001 Code, sec. 4.602)
Sec. 4.11.003
License fee
The annual license fee shall be an amount as set forth in the fee schedule in appendix A of this
code. If said license is obtained between January 1 and June 30 of any year, the full amount of
said fee shall be paid. If said license is obtained between July 1 and December 31 of any year,
the fee shall be one-half (1/2) of said amount. No refund shall ever be made of any such license
fee. It is further stipulated that said license fee is for a period of twelve (12) months from January
1 to December 31, and it shall be necessary to renew said license each year at the fee as provided
for in the fee schedule in appendix A of this code. (2001 Code, sec. 4.603)
Sec. 4.11.004
Health certificate required
At the time of making application for such license, the applicant shall furnish to the city
secretary the names and addresses of all employees of such establishment. The operator and all
such employees shall secure from the city health officer or the department of state health services
a certificate of health stating such person does not have or is not a carrier of any contagious or
communicable diseases. The operator and each employee shall have in his possession at all times
said certificate of health. Health certificates shall be renewed semi-annually. No person who
operates any massage establishment shall employ any person to work in such massage
establishment who does not have in his or her possession a certificate of health issued by the city
health officer or department of state health services, said certificate having been issued within
the six (6) months next preceding. (2001 Code, sec. 4.604)
Sec. 4.11.005
Health certificate fee
Every person who operates a massage establishment and who is required to have a certificate of
health, when issued by the city health officer, shall pay the sum as set forth in the fee schedule
found in appendix A of this code for the issuance of such certificate of health. (2001 Code, sec.
4.605)
Sec. 4.11.006
Duration of health certificate
All such certificates shall be valid for a period of six (6) months from the date of issuance of
same, unless sooner revoked. (2001 Code, sec. 4.606)
Sec. 4.11.007
Registration of licensee and employees
The chief of police shall register the name (including any assumed name used or in use), and
address, place of birth, places of former residence and features of identification, including
fingerprints, of the applicant of such license and all employees of such establishment. (2001
Code, sec. 4.607)
Sec. 4.11.008
Employment of persons convicted of crime involving moral turpitude
It shall be unlawful for any person, firm or corporation operating such an establishment to
employ any person who has been convicted of a criminal offense involving moral turpitude in
any state, municipal or federal court. The employment of any such person shall be grounds for
the revocation by the chief of police of the license hereunder. (2001 Code, sec. 4.608)
Sec. 4.11.009
Hours of operation; connection with living or sleeping quarters
No massage establishment shall be kept or remain open for any purpose between the hours of
10:00 p.m. and 8:00 a.m., and no such establishment shall be operated or conducted in
connection, either directly or indirectly, with any place used for living or sleeping quarters.
(2001 Code, sec. 4.609)
Sec. 4.11.010
List of employees; posting of license
The manager or person in charge of such establishment shall keep a list of the names and
addresses of all employees, both on duty and off duty, and such list shall be shown to all proper
authorities of the police and health department, upon request, and the license required herein
shall be exhibited at all times in such establishment. (2001 Code, sec. 4.610)
Sec. 4.11.011
Zoning requirements
It shall be unlawful for any massage establishment to be operated in any section of the city in
violation of the zoning ordinances of the city. All applications for compliance with this article
shall be considered an application under a “special use” requirement of the zoning ordinance of
the city at the time of making application for a license. (2001 Code, sec. 4.611)
ARTICLE 4.12 SEXUALLY ORIENTED BUSINESSES lx*
Sec. 4.12.001
Definitions
For purposes of this article, the following terms shall have the respective meanings ascribed to
them:
Adult arcade. Any place to which the public is permitted or invited wherein coin-operated or
slug-operated or electronically, electrically or mechanically controlled still or motion picture
machines, projectors or other image-producing devices are maintained to show images to five (5)
or fewer persons per machine at any one time, and where the images so displayed are
distinguished or characterized by the depicting or describing of specified sexual activities or
specified anatomical areas.
Adult bookstore or adult video store. A commercial establishment which, as one of its principal
business purposes, openly advertises or displays or offers for sale or rental for any form of
consideration any one or more of the following:
(1)
Books, magazines, periodicals or other printed matter, or photographs, films, motion
pictures, videocassettes or video reproductions, slides, or other visual representations,
which depict or describe specified sexual activities or specified anatomical areas; or
(2)
Instruments, devices or paraphernalia which are designed for use in connection with
specified sexual activities.
Adult cabaret. A nightclub, bar, restaurant or similar commercial establishment which regularly
features:
(1)
Persons who appear in a state of nudity or semi-nudity;
(2)
Live performances which are characterized by the exposure of specified anatomical
areas or by specified sexual activities; or
(3)
Films, motion pictures, videocassettes, slides or other photographic reproductions
which are characterized by the depiction or description of specified sexual activities
or specified anatomical areas.
Adult motel. A motel, hotel or similar commercial establishment which:
(1)
Offers accommodations to the public for any form of consideration and provides
patrons with closed circuit television transmissions, films, motion pictures,
videocassettes, slides, or other photographic reproductions of specified sexual
activities or specified anatomical areas, and has a sign visible from the public
right-of-way which advertises the availability of this type of photographic
reproductions;
(2)
Offers a sleeping room for rent for a period of time that is less than six (6) hours; or
(3)
Allows a tenant or occupant of a sleeping room to subrent the room for a period of
time that is less than six (6) hours.
Adult motion picture theater. A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, slides, or similar photographic reproductions are regularly
shown which are characterized by the depiction or description of specified sexual activities or
specified anatomical areas.
Adult theater. A theater, concert hall, auditorium or similar commercial establishment which
regularly features persons who appear in a state of nudity or semi-nudity or live performances
which are characterized by an emphasis on the exposure of specified anatomical areas or by an
emphasis on specified sexual activities.
Applicant. Includes an individual natural person and, as of the date of an application, each
member of a partnership or association and, with respect to a corporation, each officer and each
owner of twenty (20) percent or more of the stock of such corporation, which intends to establish
or operate a sexually oriented business.
Chief of police. The chief of police of the city or his designated agent or agents.
Escort. A person who, for consideration, agrees or offers to act as a companion, guide, or date
for another person, or who agrees or offers to privately model lingerie or to privately perform a
striptease for another person.
Escort agency. A person or business association who furnishes, offers to furnish, or advertises to
furnish escorts as one of its primary business purposes for a fee, tip or other consideration.
Establishment. Shall include any of the following business transactions or arrangements:
(1)
The opening or commencement of any sexually oriented business as a new business;
(2)
The conversion of an existing business, whether or not a sexually oriented business,
to any sexually oriented business;
(3)
The addition of any sexually oriented business to any other existing sexually oriented
business; or
(4)
The relocation of any sexually oriented business.
Licensee. An applicant who has been issued a license to operate a sexually oriented business.
Nude model studio. Any place where a person who appears in a state of nudity or semi-nudity or
displays specified anatomical areas is provided to be observed, sketched, drawn, painted,
sculptured, photographed or similarly depicted by other persons who pay money or any form of
consideration.
Nudity or a state of nudity.
(1)
The less than completely or opaquely covered human bare buttock, anus, male
genitals, female genitals, female breast below a point immediately above the top of
the areola, pubic area, pubic region or any combination of the foregoing.
(2)
A state of dress which fails to opaquely cover a human buttock, anus, male genitals,
female genitals, areola of the female breast, pubic region, pubic area or any
combination of the foregoing.
Person. A natural person, individual, proprietorship, partnership, corporation, association or
other legal entity.
School. Any public or private nursery, preschool, day care center, learning center, or elementary
or secondary school.
Semi-nude. A state of dress in which clothing covers no more than the genitals, pubic region, and
areola of the female breast, as well as portions of the body covered by supporting straps or
devices.
Sexual encounter business. A business or commercial enterprise that, as one of its primary
business purposes, offers for any form of consideration:
(1)
Physical contact in the form of wrestling or tumbling between persons of the opposite
sex; or
(2)
Activities between male and female persons and/or persons of the same sex when one
or more of the persons is in a state of nudity or semi-nudity.
Sexually oriented business. An adult arcade, adult bookstore, adult video store, adult cabaret,
adult motel, adult motion picture theater, adult theater, escort agency, nude model studio or
sexual encounter center.
Specified anatomical areas. Human genitals in a state of sexual arousal.
Specified sexual activities. Any of the following:
(1)
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus,
or female breasts;
(2)
Sex acts, normal or perverted, actual or simulated, including intercourse, oral
copulation or sodomy;
(3)
Masturbation, actual or simulated; or
(4)
Excretory functions as part of or in connection with any of the activities set forth in
subsections (1) through (3) above.
Substantial enlargement. With respect to a sexually oriented business, means the increase in
floor area occupied by the business by more than twenty-five (25) percent, as the floor area
exists on the effective date of this article or the date of original application.
Transfer of ownership or control. With respect to a sexually oriented business, shall mean and
include any of the following:
(1)
The sale, lease or sublease of a business;
(2)
The transfer of securities or other ownership interest which constitutes a direct,
indirect, legal, equitable or beneficial controlling interest in the business, whether by
sale, exchange or similar means; or
(3)
The establishment of a trust, gift or other similar legal device which transfers the
direct, indirect, legal, equitable or beneficial ownership or control of the business,
except for transfer by bequest or other operation of law upon the death of the person
meeting all of the requirements of this article hereof, who shall have notified the chief
of police of the transfer and furnished all of the information required to be submitted
in an application for a license within sixty (60) days of the transfer.
(2001 Code, sec. 4.1801)
Sec. 4.12.002
Classifications
Sexually oriented business is defined and classified as any commercial establishment operating
in the city, in whole or in part, as any one or more of the following:
(1)
Adult arcade;
(2)
Adult bookstore or adult video store;
(3)
Adult cabaret;
(4)
Adult motel;
(5)
Adult motion picture theater;
(6)
Adult theater;
(7)
Escort agency;
(8)
Nude model studio; and
(9)
Sexual encounter center.
(2001 Code, sec. 4.1802)
Sec. 4.12.003
Penalty; defenses
(a) A person violating a provision of this article, upon conviction, is punishable by a fine as set
forth in section 1.01.009 of this code for each offense, and a separate offense shall be deemed
committed upon each day during or on which a violation occurs.
(b) It is a defense to prosecution under this article concerning printed, video, or film material
offered for sale or rental, when such material taken as a whole contains serious literary, artistic,
political or scientific value.
(2001 Code, sec. 4.1820)
Sec. 4.12.004
Injunctive relief
A person who operates or causes to be operated a sexually oriented business without a valid
license or in violation of this article is subject to a suit for injunction as well as prosecution for
criminal violations. (2001 Code, sec. 4.1821)
Secs. 4.12.005–4.12.030
Reserved
Division 2. License
Sec. 4.12.031
Required; application
(a) License required. A person commits an offense if the person operates a sexually oriented
business without a valid license issued by the city for the particular type of business.
(b)
Applicants for license.
(1)
Each individual desiring to operate a sexually oriented business must sign and submit
an application as applicant. If a sexually oriented business is to be operated by an
association, partnership, corporation or other legal entity, each person who is a
member or an officer or who owns or controls a twenty (20) percent or greater
interest (including corporate stock) in such entity must sign an application as an
applicant and be qualified pursuant to this article.
(2)
Each person who is a member or an officer or who owns or controls twenty (20)
percent or greater interest (including corporate stock) of an association, partnership,
corporation or other legal entity which owns or controls twenty (20) percent or
greater interest (including corporate stock) of an association, partnership, corporation
or other legal entity which operates a sexually oriented business shall sign and submit
an application as applicant and be qualified pursuant to this article.
(c) Application information. An application for a license must be made on a form provided by
the chief of police. The application form shall be sworn to by the applicant and shall include the
following:
(1)
The name, residence address and business address of the applicant. If the applicant is
a partnership, the name, age and residence address of all partners, general and limited.
If the applicant is a corporation, its name and place of incorporation, the address of its
principal place of business, a certified copy of its corporate charter and, if the
applicant is a foreign corporation, a duly certified copy of its permit to do business in
Texas;
(2)
A statement that the applicant meets each of the requirements set forth in this article;
(3)
The address and phone number of the premises which the applicant intends to operate
as a sexually oriented business;
(4)
A statement of the present ownership, including all officers, partners and directors, of
such applicant in the sexually oriented business;
(5)
Include the name and residence and business addresses of each entity (association,
partnership or corporation), if any, which owns or controls an interest in the sexually
oriented business with respect to which such application is submitted and the names
of any entities (associations, partnerships or corporations) owned or controlled by the
applicant and the names, residence address and business addresses of any person who
is a member, officer or holder of twenty (20) percent or more corporate stock in such
entity or entities;
(6)
The assumed name or trade name, if any, under which the applicant proposes to
operate;
(7)
A full list of any unpaid judgments of record against the applicant, which list shall
include the name and address of each owner of a judgment, and the amount of such
judgment. If the applicant is a partnership, a like list shall be furnished for the
partnership and for each individual partner, general or limited. If the applicant is a
corporation, a like list shall be furnished by the corporation;
(8)
A full list of convictions of the applicant for violation of any and all federal, state or
municipal laws other than traffic statutes. If the applicant is a partnership, a like list
shall be furnished for each individual partner, general or limited;
(9)
Any information with respect to such other matters, consistent with this article, as
may be specified in the application form, or requested by the chief of police,
including information relating to ownership and interests in other similar
establishments;
(10) A written statement acknowledging review, understanding and compliance with
article 3.07 of the Code of Ordinances for the city concerning signs and billboards.
(d) Sketch or diagram of premises. The application must be accompanied by a sketch or
diagram showing the configuration of the premises, including a statement of total floor space
occupied by the business. The sketch or diagram need not be professionally prepared, but must
be drawn to a designated scale or drawn with marked dimensions of the interior of the premises
to an accuracy of plus or minus six (6) inches.
(e) Applicant must have ownership interest; separate application required for each location. An
applicant shall have a present ownership interest in the sexually oriented business with respect to
which the applicant makes application for license. A separate application shall be required for
each address, place, premises or location which the applicant operates as a sexually oriented
business, and a license issued to a person is valid only with respect to the sexually oriented
business and at the exact address, place, premises or location listed in the application for such
license.
(f) Qualifications of applicant; inspection; compliance with applicable laws. The applicant
must be qualified according to the provisions of this article, and the premises must be inspected
and found to be in full compliance with applicable laws and ordinances by the chief of police, the
director of public works and the fire marshal. The applicant shall comply with all applicable city,
county, state and federal laws.
(g) Assumed name certificate. An applicant operating a sexually oriented business under an
assumed name shall attach to the application a certificate of assumed name issued by the county
clerk of the county in which the sexually oriented business is to be operated showing that the
applicant has complied with the assumed name laws of the state. The assumed name certificate
shall be prepared on a form prescribed by the chief of police. No license shall be issued or
renewed when the applicant is operating under an assumed name or any name other than the real
name or names of the individual or individuals operating or intending to operate a sexually
oriented business until such certificate, duly signed by such county clerk or his deputy, is
provided in compliance herewith.
(2001 Code, sec. 4.1803)
Sec. 4.12.032
Issuance; qualifications; posting
(a) The chief of police shall approve the issuance of a license to an applicant, or to the
transferee as applicant upon the transfer of ownership or control by an applicant or license of all
or any part of such applicant’s or licensee’s ownership or control of a sexually oriented business,
within thirty (30) days after receipt of an application, unless the chief of police finds one or more
of the following to be true:
(1)
An applicant is under eighteen (18) years of age;
(2)
An applicant or an applicant’s spouse is overdue in their payment to the city of taxes,
fees, fines or penalties assessed against or imposed upon them in relation to a
sexually oriented business;
(3)
An applicant has failed to provide information reasonably necessary for issuance of
the license or has falsely answered a question or request for information on the
application form;
(4)
An applicant or an applicant’s spouse has been convicted of a violation of a provision
of this article, other than the offense of operating a sexually oriented business without
a license, within two (2) years immediately preceding the application;
(5)
An applicant is residing with a person who has been denied a license by the city to
operate a sexually oriented business within the preceding twelve (12) months, or is
residing with a person whose license has been revoked within the preceding twelve
(12) months;
(6)
The premises to be used for the sexually oriented business have not been approved by
the health department, the police department, the fire marshal and the director of
public works as being in compliance with applicable laws and ordinances;
(7)
The license fee required by this article has not been paid;
(8)
An applicant has been employed in a sexually oriented business in a managerial
capacity within the preceding twelve (12) months and has demonstrated that he or she
is unable to operate or manage sexually oriented business premises in a peaceful and
law-abiding manner;
(9)
An applicant or the proposed establishment is in violation of or is not in compliance
with any provisions of this article;
(10) An applicant or an applicant’s spouse has been convicted of a crime:
(A) Involving:
(i)
Any of the following offenses as described in chapter 43 of the Texas
Penal Code:
a.
Prostitution;
b.
Promotion of prostitution;
c.
Aggravated promotion of prostitution;
d.
Compelling prostitution;
e.
Obscenity;
f.
Sale, distribution or display of harmful material to a minor;
g.
Employment harmful to minors;
h.
Sexual performance by a child; or
i.
(ii)
Possession of child pornography;
Any of the following offenses as described in chapter 21 of the Texas
Penal Code:
a.
Public lewdness;
b.
Indecent exposure; or
c.
Indecency with a child;
(iii) Sexual assault or aggravated sexual assault as described in chapter 22 of
the Texas Penal Code;
(iv) Incest, solicitation of a child, or harboring a runaway child as described in
chapter 25 of the Texas Penal Code;
(v)
The violation of the law of any state concerning a penal statute similar or
comparable to the offenses listed in subsections (i), (ii), (iii) and (iv)
above;
(vi) Criminal attempt, conspiracy, solicitation or organized criminal activity to
commit any of the foregoing offenses; and
(B) For which:
(i)
Less than two (2) years have elapsed since the date of conviction or the
date of release from confinement imposed for the conviction if the
conviction is of a misdemeanor offense;
(ii)
Less than five (5) years have elapsed since the date of conviction or the
date of release from confinement for the conviction, whichever is the later
date, if the conviction is of a felony offense; or
(iii) Less than five (5) years have elapsed since the date of the last conviction
or the date of release from confinement for the last conviction, whichever
is the later date, if the convictions are of two (2) or more misdemeanor
offenses or combination of misdemeanor offenses occurring within any
twenty-four-month period.
(b) The license, if granted, shall state on its face the name of the person or persons to whom it
is granted, the expiration date, and the address of the sexually oriented business. The license
shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so
that it may be visible to the public at all times.
(2001 Code, sec. 4.1804)
Sec. 4.12.033
Fee
Each initial application for a license or a license renewal shall be accompanied by a cashier’s
check or money order, payable to the city, in the amount set forth in the fee schedule in appendix
A of this code, and which shall be commensurate with the cost associated with the administration
and processing of the permit application. Renewal application fees are set at the amount set forth
in the fee schedule in appendix A of this code. Such fees shall be nonrefundable. (2001 Code,
sec. 4.1805)
Sec. 4.12.034
Inspection of premises
(a) The applicant or licensee shall permit representatives of the city police department, public
works department or fire marshal’s office to inspect the premises of a sexually oriented business
at any time it is occupied or open for business for the purpose of ensuring compliance with the
law.
(b) A person who operates a sexually oriented business, or whose agent or employee operates
the same, commits an offense if the person or the person’s agent or employee hinders or refuses
to permit a lawful inspection of the premises by a representative of the above-described
departments at any time it is occupied or open for business.
(c) The specific provisions of this article do not apply to areas of an adult motel which are
being rented by a customer for use as a permanent or temporary habitation at the time inspection
is sought or requested.
(2001 Code, sec. 4.1806)
Sec. 4.12.035
Expiration and renewal
(a) Each license shall expire one (1) year from the date of issuance and may be renewed only
by making application as provided in this article. Application for renewal should be made at least
thirty (30) days prior to the expiration date.
(b) When the chief of police denies renewal of a license, the applicant shall not be issued a
license for one (1) year from the date of denial. If subsequent to denial the chief of police finds
that the basis for denial for the renewal license has been corrected or abated, the applicant may
be granted a license, if at least ninety (90) days have elapsed since the date denial became final.
(2001 Code, sec. 4.1807)
Sec. 4.12.036
Suspension
The chief of police shall suspend a license for a period not to exceed thirty (30) days, if the chief
of police determines that a licensee, an agent or an employee of a licensee has:
(1)
Violated any provision of this article or is not in compliance with the provisions of
this article;
(2)
Engaged in excessive use of alcoholic beverages while on the sexually oriented
business premises;
(3)
Hindered inspection or refused to allow an inspection of the sexually oriented
business premises as authorized by this article;
(4)
Knowingly permitted gambling by any person on the sexually oriented business
premises;
(5)
Demonstrated inability to operate or manage a sexually oriented business in a
peaceful and law-abiding manner, thus necessitating action by law enforcement
officers;
(6)
Failed to notify the chief of police of a conveyance or transfer of ownership or control
of the sexually oriented business within ten (10) days of such conveyance or transfer
in accordance with this article.
(2001 Code, sec. 4.1808)
Sec. 4.12.037
Revocation
(a) The chief of police shall revoke a license if a cause of suspension as stated above occurs
and the license has been suspended within the preceding twelve (12) months.
(b)
The chief of police shall revoke a license if the chief of police determines that:
(1)
A licensee gave false or misleading information in the material submitted to the chief
of police during the application process;
(2)
A licensee or an agent or an employee of a licensee has knowingly allowed
possession, use or sale of controlled substances on the premises;
(3)
A licensee or an agent or an employee of the licensee has knowingly allowed
prostitution on the premises;
(4)
A licensee or an agent or an employee of the licensee knowingly operated the
sexually oriented business during a period of time when the licensee’s license was
suspended;
(5)
A licensee has been convicted of a criminal offense enumerated in chapter 21 or 43 of
the Texas Penal Code and the time periods set forth in this article pertaining to the
remoteness of convictions have not elapsed;
(6)
On two (2) or more occasions within a twelve (12) month period, a person or persons
committed, in or on the licensed premises, a criminal offense enumerated in chapter
21 or 43 of the Texas Penal Code for which a conviction has been obtained, and the
person or persons convicted of such crime were agents or employees of the licensee at
the time the offenses were committed;
(7)
Except as provided in subsection (c) of this section, a licensee or an agent or an
employee of a licensee has knowingly allowed any act of sexual intercourse, sodomy,
oral copulation, masturbation or sexual contact to occur in or on the licensed
premises. For purposes of this article, the term “sexual contact” means any touching
of the anus, breast or any part of the genitals of another person with intent to arouse
or gratify the sexual desire of any person;
(8)
A licensee is delinquent in payment to the city for hotel occupancy, ad valorem, sales
or any other lawful tax due the city and related to the sexually oriented business; or
(9)
A receiver, a successor in interest or a transferee of an ownership interest in the
sexually oriented business fails to notify the chief of police of such change in
accordance with this article.
(c) Subsection (b)(7) of this section does not apply to adult motels as a legal basis for revoking
the license, unless the licensee or an agent or an employee of the licensee knowingly allowed the
act of sexual intercourse, sodomy, oral copulation, masturbation or sexual contact to occur in a
public place or within public view.
(d) When the chief of police revokes a license, the revocation shall continue for one (1) year,
and the licensee shall not be issued a license to operate a sexually oriented business in
accordance with this article for one (1) year from the date on which the revocation became
effective. If, subsequent to revocation, the chief of police determines that the basis for the
revocation has been corrected or abated, the applicant may be granted a license if at least ninety
(90) days have elapsed since the date the revocation became effective. An individual whose
license was revoked under this article may not be granted another license until the appropriate
number of years previously specified concerning remoteness of criminal convictions has elapsed
since the termination of any sentence, parole or probation.
(2001 Code, sec. 4.1809)
Sec. 4.12.038
Appeals
If the chief of police denies the issuance of a license, or suspends or revokes a license, the chief
of police shall send to the applicant or licensee by certified mail, return receipt requested, written
notice of such action and notice of the right to an appeal. The aggrieved party may appeal the
decision of the chief of police to the city council by filing an appeal with the city secretary within
ten (10) days of the receipt of the notice of such denial, suspension or revocation. The filing of
an appeal stays the action of the chief of police in suspending or revoking a license, and the city
council is empowered to make the final decision with respect to such denial, suspension or
revocation. If within a ten (10) day period the chief of police suspends, revokes or denies
issuance of any other license of an individual operating a sexually oriented business at the same
location, then the city council may consolidate the requests for appeals, if any, of those actions
into one (1) appeal. (2001 Code, sec. 4.1810)
Sec. 4.12.039
Transfer
(a) A licensee, including any applicant for a license, shall not transfer his or her license or all
or any part of his or her ownership or control of a sexually oriented business to another, nor shall
a licensee operate a sexually oriented business under the authority of a license at any place other
than the address designated in the application and stated on the face of the license.
(b) On the death of a licensee, or upon bankruptcy, receivership or partnership dissolution with
respect to a sexually oriented business, the receiver or successor in interest to a license may
apply to the county judge for certification that such person is the receiver or successor in interest
to such license. On certification and upon the furnishing of such information as the chief of
police may require, unless good cause for refusal is shown, the chief of police shall grant
permission, by letter or otherwise, for the receiver or successor in interest to operate the sexually
oriented business during the unexpired portion of the license. Such a license shall not be
renewed, but the receiver or successor in interest may apply for an original license in accordance
with the requirements of this article. A receiver or successor in interest operating a sexually
oriented business for the unexpired portion of the license shall be subject to the requirements of
this article in the same manner as if such receiver or successor in interest had been issued the
original license.
(c) Each person becoming a receiver, successor in interest or transferee of an ownership or
controlling interest in a sexually oriented business shall notify the chief of police of such change
in ownership or control within ten (10) days of the effective date of such transfer. Failure to
notify the chief of police shall be grounds for suspension or revocation of the license.
(2001 Code, sec. 4.1811)
Secs. 4.12.040–4.12.070
Reserved
Division 3. Location
Sec. 4.12.071
Restrictions
(a) A person commits an offense if he operates or causes to be operated a sexually oriented
business within one thousand (1,000) feet of:
(1)
A church;
(2)
A school;
(3)
A boundary of a residential district as defined in the zoning ordinance of the city, as
now or hereafter amended;
(4)
A public park; or
(5)
The property line of a lot devoted to residential use.
(b) A person commits an offense if the person causes or permits the operation, establishment,
substantial enlargement or transfer of ownership or control of a sexually oriented business
located within one thousand (1,000) feet of another sexually oriented business.
(c) A person commits an offense if the person causes or permits the operation, establishment or
maintenance of more than one sexually oriented business in the same building, structure or
portion thereof, or the increase of floor area of any sexually oriented business in any building,
structure or portion thereof containing another sexually oriented business.
(d) For the purposes of subsection (a) above, measurement shall be made in a straight line,
without regard to intervening structures or objects, from the nearest portion of the building or
structure used as a part of the premises where a sexually oriented business is conducted to the
nearest property line of the premises of a church or school, or to the nearest boundary of an
affected public park, residential district or residential lot.
(e) For purposes of subsection (b) above, the distance between any two (2) sexually oriented
businesses shall be measured in a straight line, without regard to intervening structures or
objects, from the nearest exterior wall of the structure in which each business is located in
relation to such other sexually oriented business.
(f) A sexually oriented business lawfully operating as a conforming use is not rendered a
nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented
business license, of a church, school, public park, residential district or residential lot within one
thousand (1,000) feet of the sexually oriented business. This provision applies only to the
renewal of a valid license and does not apply when an application for a license is submitted after
a license has expired or has been revoked.
(g) A sexually oriented business established on or after the effective date of this article shall be
located only within the districts so permitted by and shall conform in all respects with the
requirements of the zoning ordinance of the city, as now or hereafter amended.
(2001 Code, sec. 4.1812)
Sec. 4.12.072
Exemption
(a) If the chief of police denies the issuance of a license to an applicant because the location of
the sexually oriented business establishment is in violation of the location regulations of this
article, then the applicant may, not later than ten (10) calendar days after receiving notice of the
denial, file with the city secretary a written request for an exemption from the location
restrictions of this article.
(b) If the written request is filed with the city secretary within the ten (10) day limit, the city
council shall consider the request. The city secretary shall set the consideration for written
request on a city council meeting agenda within sixty (60) days from the date the written request
is received.
(c) A hearing by city council may proceed if a quorum is present. The city council shall hear
and consider evidence offered by any interested person, including property owners in the
community surrounding the location specified in the application.
(d) The city council may, in its discretion, grant an exemption from the locational restrictions
of this article, provided that it makes the following findings based on evidence presented:
(1)
That the location of the proposed sexually oriented business will not have a
detrimental effect on nearby properties or be contrary to the public safety or welfare;
(2)
That the granting of the exemption will not violate the spirit and intent of this article;
(3)
That the location of the proposed sexually oriented business will not downgrade the
property values or quality of life in the adjacent areas or encourage the development
of urban blight;
(4)
That the location of an additional sexually oriented business in the area will not be
contrary to any program of neighborhood conservation nor will it interfere with any
efforts of urban renewal or restoration; and
(5)
That all other applicable provisions of this article will be observed.
(e) The city council shall grant or deny the exemption by a majority vote. Disputes of fact shall
be decided on the basis of a preponderance of the evidence. The decision of the city council shall
be final.
(f) If the city council grants the exemption, the exemption shall be valid for one (1) year from
the date of the city council’s action. Upon the expiration of an exception, the sexually oriented
business shall be in violation of the locational restrictions of this article unless and until the
applicant applies for and receives another exemption.
(g) If the city council denies the exemption, the applicant may not reapply for an exemption
until at least twelve (12) months have elapsed since the date of the governing body’s action.
(h) The grant of an exemption does not exempt the applicant from any other provisions of this
article, other than the locational restrictions.
(2001 Code, sec. 4.1813)
Secs. 4.12.073–4.12.100
Reserved
Division 4. Operation
Sec. 4.12.101
Additional regulations for escort agencies
(a) An escort agency shall not employ any person under the age of eighteen (18) years to act as
an escort or perform any other service.
(b) A person commits an offense if said person acts as an escort or agrees to act as an escort for
any person under the age of eighteen (18) years.
(c) A person commits an offense if said person intentionally, knowingly, recklessly or
negligently employs or agrees to employ an individual under the age of eighteen (18) years to act
as an escort.
(2001 Code, sec. 4.1814)
Sec. 4.12.102
(a)
Additional regulations for nude model studios
A nude model studio shall not employ any person under the age of eighteen (18) years.
(b) A person under the age of eighteen (18) years commits an offense if said person appears in
a state of nudity or semi-nudity in or on the premises of a nude model studio. It is a defense to
prosecution under this subsection if the person under eighteen (18) years was in a restroom not
open to the public view or persons of the opposite sex.
(c) A person commits an offense if said person appears in a state of nudity or semi-nudity or
knowingly allows another to appear in a state of nudity or semi-nudity in an area of a nude model
studio premises which can be viewed from the public right-of-way.
(d) A nude model studio shall not place or permit a bed, sofa or mattress in any room on the
premises, except that a sofa may be placed in a reception room open to the public.
(e) A person commits an offense if said person intentionally, knowingly, recklessly or
negligently employs or agrees to employ an individual under the age of eighteen (18) years to act
as a nude model.
(2001 Code, sec. 4.1815)
Sec. 4.12.103
theaters
Additional regulations for adult theaters and adult motion picture
(a) A person commits an offense if said person knowingly allows a person under the age of
eighteen (18) years to appear in a state of nudity or semi-nudity in or on the premises of an adult
theater or adult motion picture theater.
(b) A person under the age of eighteen (18) years commits an offense if said person knowingly
appears in a state of nudity or semi-nudity in or on the premises of an adult theater or adult
motion picture theater.
(c) It is a defense to prosecution under subsections (a) and (b) of this section if the person
under eighteen (18) years was in a restroom not open to the public view or persons of the
opposite sex.
(2001 Code, sec. 4.1816)
Sec. 4.12.104
Additional regulations for adult motels
(a) Evidence that a sleeping room in a hotel, motel or similar commercial establishment has
been rented and vacated two (2) or more times in a period of time that is less than six (6) hours
creates a rebuttable presumption that the establishment is an adult motel, as that term is defined
in this article.
(b) A person commits an offense if, while in control of a sleeping room in a hotel, motel or
similar commercial establishment that does not have a sexually oriented business license, he or
she rents or subrents a sleeping room to a person and, within six (6) hours from the time the
room is rented, he rents or subrents the same sleeping room again.
(c) For purposes of subsection (b) above, the term “rent” or “subrent” shall mean the act of
permitting a room to be occupied in return for any form of consideration.
(2001 Code, sec. 4.1817)
Sec. 4.12.105
Exhibition of sexually explicit films or videos
(a) A person who operates or causes to be operated a sexually oriented business, other than an
adult motel, which exhibits on the premises, in a viewing room of less than one hundred fifty
(150) square feet of floor space, a film, videocassette, or other video reproduction which depicts
specified sexual activities or specified anatomical areas, shall comply with the following
requirements:
(1)
The application for a license to operate a sexually oriented business shall be
accompanied by a diagram of the premises showing a plan thereof, specifying the
location of one (1) or more manager’s stations and the location of all overhead
lighting fixtures and designating any portion of the premises in which patrons will not
be permitted. A manager’s station may not exceed thirty-two (32) square feet of floor
area. The diagram shall also designate the place at which the permit will be
conspicuously posted, if granted. A professionally prepared diagram in the nature of
an engineer’s or architect’s blueprint shall not be required. However, each diagram
should be oriented to the north or to some designated street or object and should be
drawn to a designated scale or with marked dimensions sufficient to show the various
internal dimensions of all areas of the interior of the premises to an accuracy of plus
or minus six (6) inches. The chief of police may waive the foregoing diagram for
renewal applications if the applicant adopts a diagram that was previously submitted
and certifies that the configuration of the premises has not been altered since it was
prepared.
(2)
The application shall be sworn to be true and correct by the applicant.
(3)
No alteration in the configuration or location of a manager’s station may be made
without the prior approval of the chief of police or his or her designee.
(4)
It is the duty of the licensee to ensure that at least one (1) agent or employee is on
duty and situated in each manager’s station at all times that any patron is present
inside the premises.
(5)
The interior of the premises shall be configured in such a manner that there is an
unobstructed view from a manager’s station of every area of the premises to which
any patron is permitted access for any purpose, excluding restrooms. Restrooms may
not contain video reproduction equipment. If the premises have two (2) or more
manager’s stations designated, then the interior of the premises shall be configured in
such a manner that there is an unobstructed view of each area of the premises to
which any patron is permitted access for any purpose from at least one (1) of the
manager’s stations. The view required in this subsection must be by direct line of
sight from the manager’s station.
(6)
It shall be the duty of the licensee, and it shall also be the duty of any agents and
employees present in the premises, to ensure that:
(A) The area specified to remain within the view of the manager shall remain
unobstructed by any doors, walls, merchandise, display racks or other materials
at all times that any patron is present in the premises; and
(B) No patron is permitted access to any area of the premises which has been
designated as an area in which patrons will not be permitted.
(7)
The premises shall be equipped with overhead lighting fixtures of sufficient intensity
to illuminate every place to which patrons are permitted access at an illumination of
not less than one (1.0) footcandle as measured at the floor level.
(8)
It shall be the duty of the licensee, and it shall also be the duty of any agents and
employees present in the premises, to ensure that the illumination described above is
maintained at all times that any patron is present in the premises.
(b) A person having a duty under this article commits an offense if said person knowingly or
recklessly fails to fulfill that duty.
(2001 Code, sec. 4.1818)
Sec. 4.12.106
Display of sexually explicit materials to minors
(a) A person commits an offense if, in a business establishment open to persons under the age
of seventeen (17) years, said person displays a book, pamphlet, newspaper, magazine, film or
videocassette, the cover of which depicts, in a manner calculated to arouse sexual lust or passion
for commercial gain or to exploit sexual lust or perversion for commercial gain, any of the
following:
(1)
Human sexual intercourse, masturbation or sodomy;
(2)
Fondling or other erotic touching of human genitals, pubic region, buttocks or female
breasts;
(3)
Less than completely and opaquely covered human genitals, buttocks, or that portion
of the female breast below the top of the areola; or
(4)
Human male genitals in a discernibly turgid state, whether covered or uncovered.
(b) In this article, “display” means to locate an item in such a manner that, without obtaining
assistance from an employee of the business establishment:
(1)
It is available to the general public for handling and inspection; or
(2)
The cover, outside packaging or contents of the item is visible to members of the
general public.
(2001 Code, sec. 4.1819)
ARTICLE 4.13 ALARM SYSTEMS lxi*
Sec. 4.13.001
Definitions
For the purposes of this article, the following definitions shall apply unless the content requires a
different definition:
Alarm notification. A notification intended to summon the police, which is designed either to be
initiated purposely by a person or by an alarm system that responds to a stimulus characteristic of
unauthorized intrusion or emergency.
Alarm site. A single premises or location (one street address) served by an alarm system or
systems that are under the control of one (1) owner.
Alarm system. Any mechanical or electrical device which is used to summon emergency
assistance or protect buildings or premises from criminal acts or unauthorized entries by warning
persons of a crime or unauthorized entry though the emission of a sound or the transmission of a
signal or message. Further, the term “alarm system” shall include cable television alarm systems,
fire alarms and medical emergency alarms. “Alarm system” does not include an alarm installed
on a vehicle unless the vehicle is permanently located at a site or an alarm designed to alert only
the inhabitants of the premises or structure where the alarm is located.
Automatic alarm notification. An alarm notification sent over telephone lines, by direct
connection or otherwise, a pre-recorded voice message, synthesized voice message or coded
signal indicating the existence of the emergency situation that the alarm system is designed to
detect.
Central station. An office to which remote and supervisory signaling devices are connected,
where operators supervise the circuits and/or where guards are maintained continuously to
investigate signals.
Director. The director of public works of the city, or an authorized representative.
False alarm notification. An alarm notification to the department of public works of the city,
when the responding officer finds no evidence of unauthorized intrusion, attempted unauthorized
intrusion, criminal activity, fire, medical emergency or other occurrence which an alarm system
is designed to detect. When a false alarm is received, written notice is forwarded to the citizen
with an application for a permit. The applicant shall then be provided ten (10) days to apply for a
permit prior to a citation for violation being issued.
Local alarm. An alarm system that emits a signal at an alarm site that is audible or visible from
the exterior of a structure.
Permit holder. The person designated in the application who is responsible for responding to
alarms and given access to the site and who is also responsible for proper maintenance and
operation of the alarm system and payment of fees.
Person. An individual, corporation, partnership, association or similar entity.
Special trunkline. A telephone line leading into the communications center of the police
department that is for the primary purpose of receiving emergency messages that originate from
automatic protection devices and are transmitted directly through an intermediary.
(2001 Code, sec. 1.501)
Sec. 4.13.002
Violations; penalty; responsibility for acts of agents
offense is punishable by a fine in accordance with the general penalty provision found in section
1.01.009 of this code.
section to hold a corporation, partnership or other association criminally responsible for acts or
association, and within the scope of his employment.
(2001 Code, sec. 1.514)
Sec. 4.13.003
Exemptions; reports regarding effect of regulations
(a) This article shall not apply to alarm systems operated by local, state or federal
governmental entities.
(b) The chief of police shall monitor the enforcement and effect of this article and report to the
city manager concerning this article and its effect in reducing unnecessary alarm notifications.
(2001 Code, sec. 1.515)
Sec. 4.13.004
(a)
Operation and maintenance
A permit holder shall:
(1)
Maintain the premises containing an alarm system in a manner that insures proper
operation of the alarm system;
(2)
Maintain the alarm system in a manner that will minimize false alarm notifications;
(3)
Respond or cause a representative to respond within a reasonable period of time not
to exceed thirty (30) minutes when requested by the city to repair or inactivate a
malfunctioning alarm system, to provide access to the premises or to provide security
for the premises;
(4)
Not manually activate an alarm for any reason other than an occurrence of an event
that the alarm system was intended to report; and
(5)
Notify the police department of the city prior to activation of an alarm for
maintenance purposes.
(b) A permit holder shall adjust the mechanism or cause the mechanism to be adjusted so that
an alarm signal will sound for no longer than thirty (30) minutes after being activated.
(2001 Code, sec. 1.504)
Sec. 4.13.005
Indirect alarm reporting
A person who is engaged in the business of relaying alarm notifications to the city shall:
(1)
Communicate alarm notifications to the city in a manner and form determined by the
director; and
(2)
Comply with the requirements of this article and any rules and regulations
promulgated by the director.
(2001 Code, sec. 1.505)
Sec. 4.13.006
Automatic alarm notifications
An alarm system, other than an alarm system in a financial institution, which transmits automatic
alarm notifications directly to the communications center of the police department of the city
shall be prohibited, except by telephone recorded message. (2001 Code, sec. 1.506)
Sec. 4.13.007
Operating instructions to be maintained at alarm site
A permit holder shall maintain at each alarm site a complete set of written operating instructions
for each alarm system. The location of such written instructions at each alarm site shall be
specified by the director. Special codes, combinations or passwords must not be included in these
instructions. (2001 Code, sec. 1.507)
Sec. 4.13.008
Dispatch records
(a) The dispatcher receiving the alarm notification and/or the police officer responding to the
alarm notification dispatch shall cause to be recorded in the police information systems such
information as necessary to permit the director to maintain records, including, but not limited to,
the following information:
(1)
Identification of the permit holder;
(2)
Identification of the alarm site;
(3)
Dispatcher received time, dispatch time and officer arrived at scene time;
(4)
Date of occurrence;
(5)
Name of the permit holder’s representative on the premises, if any; and
(6)
Any other information necessary to carry out the provisions of this article.
(b) The responding police officer shall prepare and submit the appropriate reports in regard to
any criminal offenses, attempts or other incidents which contributed to the alarm notification as
determined by investigation and shall include in such reports a determination as to whether the
alarm notification was false or unwarranted.
(2001 Code, sec. 1.508)
Sec. 4.13.009
Conferences regarding false alarms
(a) If there is reason to believe that an alarm system is not being used or maintained in a
manner that insures proper operation and suppresses unwarranted/false alarms, the director may
require a conference with an alarm permit holder to review circumstances of each false alarm.
(b) If there is belief that an alarm is the result of circumstances beyond the reasonable control
of the permit holder, the permit holder or the permit holder’s representative may request a
conference with the director.
(2001 Code, sec. 1.509)
Sec. 4.13.010
Service fee for false alarms
(a) Except as provided in subsections (b), (c) and (d) below, the holder of an alarm permit shall
pay a service fee in the amount set forth in the fee schedule in appendix A of this code for each
alarm notification emitted from an alarm system that is in excess of three (3) unwarranted and/or
false alarms within any calendar year (January 1 to December 31).
(b) If a person notifies the director and applies for an alarm permit before a new alarm system
is put into service, no service fee will be assessed during the first sixty (60) days after the system
is put into service. An invoice is sent and the holder of the permit must respond within ten (10)
days prior to a citation being issued.
(c) If the responding police officer determines that an alarm notification was caused by
unauthorized intrusion, attempted unauthorized intrusion, criminal activity, fire or other
emergency occurrence, such notification will not be counted in determining when a service fee
will be assessed.
(d) An alarm notification will not be counted in determining when a service fee will be
assessed if the permittee can prove that the alarm notification was the result of a severe weather
condition such as a tornado, hurricane, earthquake, weather condition or similar act of God that
causes physical damage to the alarm site, or the result of a malfunction in the operation of
telephone lines for the transmission of alarm signals, evidence of the latter being documented in
the form of telephone company work orders or time-stamped records from the alarm company
showing the periods of interrupted service.
(e) Law enforcement response to a permit holder shall not terminate for excess false alarms
provided that all service fees under this subsection have been paid.
(2001 Code, sec. 1.510)
Sec. 4.13.011
Protection of financial institutions
(a) A financial institution required to have an alarm system pursuant to the provisions of
chapter 12 of the Code of Federal Regulations and the Bank Protection Act of 1968 (12 U.S.C.,
section 1882) may install, with the permission of the director, a signal line directly to the police
department for the purpose of reporting burglaries and robberies. If such an arrangement is made,
all other requirements of this section must be met. The financial institutions shall execute a letter
of agreement with the city permitting the installation of all necessary equipment on an indicator
panel monitored in the communications division of the city police department. The installation
shall be accomplished at the institution’s expense.
(b) The financial institution shall pay an annual fee, as established by resolution, for each
indicator. The director shall have the right, at reasonable times and upon oral notice, to inspect
the alarm system at the alarm site and require necessary repairs or improvements. If the director
finds that the alarm system continually fails to operate properly or to be operating properly, he
may terminate the privilege to have equipment and indicators in the communications center of
the police department and require prompt removal of the equipment at the expense of the
financial institution.
(c) The financial institution, at its expense, shall make arrangements to provide service for the
alarm system at the request of the financial institution or the director on a 24-hour basis, seven
(7) days a week. In no event shall the city become liable for the expense of repair and
maintenance.
(d) The financial institution may cancel its agreement with the city at any time by giving the
city written notice through the director, and, at its own expense, remove its equipment and
indicators from the monitor panel in the communications center.
(e) The director may require any change, modernization, or consolidation of alarm signaling
equipment that he deems advisable. Under no circumstances shall the city become liable for
expenses associated with these changes.
(f) Instead of a direct line, a financial institution may report burglaries and robberies by
transmission through an alarm reporting service using a special trunkline designated by the
director.
(g) The financial institution shall execute a release agreement and hold harmless the city for
any loss or damage incurred relating to, directly or indirectly, the operation of such signal line.
(2001 Code, sec. 1.512)
Secs. 4.13.012–4.13.040
Reserved
Division 2. Permit
Sec. 4.13.041
Required; application; fee; confidentiality of information
(a) A person commits an offense if he operates or causes to be operated an alarm system
without an alarm permit issued by the director. A separate permit is required for each alarm
system.
(b) A nonrefundable application filing fee in the amount provided for in the fee schedule found
in appendix A of this code shall accompany the application when submitted to the city. If no
license is issued pursuant to this section, the permit fee shall be refunded to the applicant.
(c) Upon receipt of a completed application form and the required fee, the director shall issue
an alarm permit to an applicant unless the applicant has failed to pay a service fee assessed under
this article or has had an alarm permit for the alarm system revoked, and the violation causing
the revocation has not been corrected or does not meet the provisions of this section.
(d)
Each permit application must contain the following information:
(1)
Name, address and telephone number (both residential and business) of the permit
holder who will be responsible for the proper maintenance and operation of the alarm
system and payment of fees assessed under this section.
(2)
Classification of the alarm site as either residential or commercial.
(3)
For each alarm system located at the alarm site, the purpose of the alarm system (i.e.,
burglary, robbery or personal hostage, fire or medical emergency).
(4)
Name, address and telephone number (both residential and business) of the person or
persons to be notified in the event of an alarm activation.
(5)
Description of the type of alarm system specifying the means by which police or
emergency services are to be notified or summoned.
(6)
Name and address of the person, firm or entity installing the alarm system.
(7)
Other information required by the director which is necessary for the enforcement of
this section.
(e) Any false statement of a material matter made by an applicant for the purpose of obtaining
an alarm permit shall be sufficient cause for refusal to issue a permit.
(f) An alarm permit cannot be transferred to another alarm system except by authorization of
the director. A permit holder shall inform the director of any change that alters any information
listed on the permit application within two (2) business days. No fee will be assessed for such
changes.
(g) Information furnished in the permit application or otherwise by the permittee to the
department of public works or maintained in the records of the city relevant to alarm systems or
that concern the location of alarm systems, the name of the occupant of an alarm location, type
of alarm system or operation of the alarm system is confidential and may not be disclosed
without prior approval of the director of public works.
(2001 Code, sec. 1.502)
Sec. 4.13.042
Duration; renewal
(a) A permit is issued annually and must be renewed every year by submission of an updated
application and the payment of a renewal fee. It is the responsibility of the permit holder to
submit an application and tender the renewal fee prior to the permit expiration date.
(b)
Permits shall be valid for a period of one year from January 1 to December 31.
(c) An alarm permit shall automatically terminate thirty (30) days after expiration (i.e., January
30 of each year).
(2001 Code, sec. 1.503)
Sec. 4.13.043
(a)
Revocation
The director shall revoke an alarm permit if he determines that:
(1)
There is a false statement of a material matter in the application for a permit;
(2)
The permit holder has violated any provision of this article;
(3)
The permit holder has failed to make payment of a service fee assessed under this
article within thirty (30) days of receiving notice to do so; or
(4)
The permit holder has failed to make payment of a renewal fee within thirty (30) days
of receiving notice. If the permit has expired, the holder must reapply and pay the
fees as set forth in the fee schedule in appendix A of this code. The applicant must
also tender fees for all previous years the permit fee was not paid if the alarm was in
service.
(b) A person commits an offense if he operates an alarm system during the period in which his
alarm permit is revoked.
(2001 Code, sec. 1.511)
Sec. 4.13.044
Appeals
(a) If the director refuses to issue or renew a permit, or revokes a permit, he shall send to the
applicant or permit holder, by certified mail, return receipt requested, written notice of his action
and a statement of the right to an appeal. The applicant or permit holder may appeal the decision
of the director to the city manager by filing with the city manager a written request for a hearing,
setting forth the reasons for the appeal, within ten (10) days after receipt of the notice from the
director. The filing of any request for an appeal hearing with the city manager stays an action of
the director in revoking a permit until the city manager or his designated representative makes a
final determination. If a request for an appeal hearing is not made within the ten-day period, the
action of the director is final.
(b) The city manager shall set a time and place for the hearing, which shall be served upon the
applicant or permit holder by certified mail, return receipt requested. The city manager or his
representative shall serve as hearing officer at an appeal and consider evidence by any interested
person. The formal rules of evidence do not apply at an appeal hearing. All parties to the hearing
shall have the right to present evidence and shall have the right of cross-examination. The
hearing officer shall make his decision on the basis for a preponderance of the evidence within
fifteen (15) days after the request for an appeal hearing is filed. The time for hearing an appeal
may be extended by agreement of the parties. The hearing officer shall affirm, reverse or modify
the action of the director. The decision of the hearing officer is final as to administrative
remedies with the city.
(2001 Code, sec. 1.513)
ARTICLE 4.14 WRECKER SERVICES lxii*
Sec. 4.14.001
Scope
(a) No person, firm or corporation shall engage in the business of a motor vehicle wrecker
service for hire, except as provided for in this article, within the corporate limits of the city,
without first obtaining a wrecker service permit from the city for each wrecker operated in the
city.
(b) This article shall not, however, be construed to prohibit the transportation by a nonresident
wrecker company of a wrecked or disabled vehicle from some point in the city other than the
original accident or police detention scene to some point outside the city, nor shall it be
construed to prohibit the transportation within the city by a nonresident wrecker company of a
wrecked or disabled vehicle from a point outside the city to a point inside or outside the city.
Further, this article shall not be construed to include a service car or other vehicle not equipped
with mechanical devices for transporting wrecked vehicles and not used for such purpose, such
as service cars equipped with compressed air containers and tools for repairing punctured tires
and otherwise equipped with tools for performing minor repairs not involving towage or
transportation of wrecked or disabled vehicles. Such shall not, however, authorize evasions of
this article, and if any vehicle, although not equipped with devices primarily used for towing
wrecked or disabled vehicles, is actually used for such purposes through means of ropes, chains
or other mechanism, the same shall be considered as engaging in the business of a motor vehicle
wrecker service for hire and under the provisions of this article. Still further, this article shall be
specifically applicable to any person, firm or corporation engaging or utilizing any type of
wrecker vehicle for the purpose of repossession or seizure of vehicles.
(2001 Code, sec. 4.1601)
Sec. 4.14.002
Enforcement; variances
The chief of police or an authorized representative shall enforce this article and make such
inspection of facilities as deemed necessary. Any variance from the provisions of this article
must be approved in writing by the chief of police and the city manager. (2001 Code, sec.
4.1607(a))
Sec. 4.14.003
Application for permit; issuance; required equipment
All applicants for a wrecker service permit must furnish the chief of police with and conform to
the following:
(1)
A written application stating the location of the applicant’s storage facility where all
damaged, inoperative and abandoned vehicles will be taken for safekeeping.
(2)
Documentation in evidence reflecting insurance coverage in limits of not less than the
following sums, and shall furnish to the chief of police a certificate of insurance
reflecting the following coverages and amounts:
(A) Bodily injury liability: $100,000.00 per person/$300,000.00 per accident; and
(B) Property damage liability: $100,000.00 per accident.
Further, all such insurance coverage shall remain in force during the period of time
that the wrecker service permit is in effect.
(3)
The written application for a wrecker service permit shall state the names, driver’s
license numbers, addresses and telephone numbers of those persons who will operate
the applicant’s wrecker vehicles and have access to the applicant’s storage area.
(4)
The written application for a wrecker service permit shall list any unpaid judgments
of record against the applicant, which list shall include the name and address of each
owner of a judgment and the amount of such judgment. If the applicant is a
partnership, a like list shall be furnished for the partnership and for each individual
partner, general or limited. If the applicant is a corporation, a like list shall be
furnished by the corporation.
(5)
The written application for a wrecker service permit shall list any convictions of the
applicant for violation of any and all federal, state and municipal laws other than
traffic statutes. If the applicant is a partnership, a like list shall be furnished for each
individual partner, general or limited. If the applicant is a corporation, then a like list
shall be furnished for each of its officers and directors, as well as for each stockholder
owning then ten percent (10%) or more of the total issued capital stock.
(6)
The written application for a wrecker service permit shall list any and all liens,
mortgages and other encumbrances on the wreckers owned by the operator for which
permits are requested. Such list shall include the amount secured by each lien and
mortgage or other encumbrance, the amount due thereon, the character of such lien,
mortgage or other encumbrance, and the name and address of the holder of such lien,
mortgage or other encumbrance.
(7)
The written application for a wrecker service permit must contain a statement of the
applicant’s fees for towing and storage. In the event that such fees are adjusted at
some future date, said applicant shall provide a statement reflecting such adjustments.
(b) The permit department of the city shall issue said permits to all applicants complying with
the provisions of this article after the applications have been completed and filed in its office, the
permit fees paid, and after the chief of police or his duly authorized representative has inspected
each such wrecker and determined that the wrecker complies with the following minimum
requirements:
(1)
Each wrecker shall not be less than three-quarter (3/4) ton;
(2)
Each wrecker shall be equipped with a power take-off winch, winch line and boom
with a factory-rated capacity of not less than ten thousand (10,000) pounds single
capacity;
(3)
Each wrecker shall carry as standard equipment a tow bar, safety chains, a fire
extinguisher, wrecking bar, broom, axe, shovel, flags, flares and a wheel dolly;
(4)
Each wrecker shall have inscribed on each side thereof in letters not less than three
inches (3") in height the name and address of the operator;
(5)
Each wrecker shall be radio equipped so as to allow communication with the city
police department; and
(6)
Each wrecker shall be equipped with an overhead flashing emergency light which
shall be rotating and visible at a distance of five hundred (500) yards in all directions.
(c) All wrecker permits shall visibly be displayed on each wrecker operated in the city in the
lower left-hand corner of the windshield on the driver’s side of the vehicle.
(d)
All wrecker service companies shall retain and have available a motorcycle towing trailer.
(e) All wrecker service companies shall retain and have available a wheel lift towing
attachment.
(2001 Code, sec. 4.1602)
Sec. 4.14.004
Denial of permit
The chief of police, with the approval of the city manager, may refuse to approve issuance or
renewal of a wrecker company permit for one or more of the following reasons:
(1)
The making of any false statement as to a material matter in an application for a
permit or permit renewal;
(2)
Conviction of the licensee, the applicant or an employee of the licensee or applicant
for a violation of a provision of this article;
(3)
Revocation of a permit, pursuant to this article, of the applicant, or any proprietor,
partner or corporate officer of the applicant, within three (3) years preceding
application;
(4)
If the applicant has been convicted of a felony or other offense involving moral
turpitude; and
(5)
Failure to comply with any of the requirements of this article.
(2001 Code, sec. 4.1603)
Sec. 4.14.005
Suspension of permit
(a) The chief of police may, subject to the approval of the city manager, suspend the wrecker
service permit issued to any company on any or all wreckers belonging to the company or
remove a company from the wrecker rotation list for a period of ninety (90) days for violation of
any of the provisions of this article.
(b) Any person, firm or corporation whose permit has been suspended may appeal to the city
council. The city council shall have authority, upon the hearing of the appeal, to reverse, vacate
or modify the suspension.
(2001 Code, sec. 4.1607(b), (c))
Sec. 4.14.006
Appeals
Any person, firm or corporation whose application for a wrecker service permit has been rejected
or denied shall have the right to appeal such rejection or denial of the city council. The city
council shall have authority, upon the hearing of an appeal, to grant and approve such
application. (2001 Code, sec. 4.1607(d))
Sec. 4.14.007
Contractual agreement for service to city
(a) The city shall maintain a contractual agreement with a single wrecker service provider
which the city shall utilize exclusively for the city police department (hereinafter referred to as
“the department”) tow truck service. The provider shall be utilized in instances where the owner
or driver of a disabled vehicle involved in an accident or collision fails or refuses to designate a
wrecker company or expresses no preference as to a tow truck company and authorizes a police
officer to call the city’s contracted wrecker service provider, or in situations where it becomes
necessary to have an abandoned or unattended vehicle removed from public or private property
due to the arrest of the driver or other valid reason. The selection of the provider shall be made
on the basis of reliability, efficiency, and quality of service.
(b) The wrecker service company (hereinafter referred to as “contractor”) with whom the city
shall enter into an exclusive contract shall adhere to the following provisions:
(1)
The contractor shall comply with all the requirements of this article, all requirements
of this code applicable to wrecker service vehicles and tow trucks and the Texas
Towing Act, chapter 2308 of the Texas Occupations Code, as now or hereafter
amended;
(2)
The contractor will provide sufficient and suitable space for safe storage of all
vehicles for which it is called upon to remove and store at its own storage facility,
that must be located in the city or within three (3) miles of the city limits. The
contractor’s storage lot(s) must accommodate a minimum of seventy-five (75) cars
and be completely fenced with a six-foot industrial chain-link or solid panel metal
fence. If an area of a large lot is to be set aside to be used as the city’s impoundment
lot, this area must be fenced as described above with only the contractor’s authorized
employees having access. All storage lot surfaces must be finished with an
all-weather surface and adequately lighted for nighttime release of vehicles. The
contractor shall provide not less than four (4) enclosed and secured storage spaces
where vehicles may be towed and stored for the city police department for not less
than seventy-two (72) hours, during which time the police department can conduct
inventory, inspection, forensic examination or investigation to determine the cause
and reason for an accident or other matters related to criminal investigations. Each lot
must be registered with the state and a copy of the registration must be on file with
the city.
(3)
The contractor wrecker service shall maintain in force during the term of the
agreement public liability and property damage insurance on its wreckers and storage
premises. The contractor wrecker service shall submit evidence of, and maintain in
force throughout the duration of the contract term, insurance coverage in at least the
following minimum amounts:
(A) Statutory workers’ compensation insurance and employer’s liability insurance at
the following limits:
(i)
$100,000.00 each accident;
(ii)
$100,000.00 disease each employee;
(iii) $500,000.00 bodily injury/disease: policy limit;
(B) Commercial general liability insurance including explosion, collapse, and
underground coverage shall be provided as follows:
(i)
$1,000,000.00 each occurrence;
(ii)
$2,000,000.00 annual aggregate;
(C) Automobile liability insurance shall be provided as follows:
(i)
$500,000.00 bodily injury per person each accident;
(ii)
$250,000.00 property damage; or
(iii) $1,000,000.00 combined single limit each accident;
(D) $500,000.00 CSL automobile/garage liability;
(E) Cargo:
(F)
(i)
$250,000.00 extra heavy;
(ii)
$50,000.00 light/medium;
$55,000.00 CSL uninsured/underinsured motorist;
(G) $2,500.00 personal injury protection;
(H) $300,000.00 garagekeeper’s legal liability; and
(I)
Building coverages.
Certificates of insurance reflecting these coverages shall be furnished to the city at the
commencement of the agreement and on January 1st of each year during the
agreement and any other time upon request. Said policies or certificates shall contain
a provision that written notice of each cancellation of or material change in the policy
by the insurer shall be delivered to the city thirty (30) days in advance of the effective
date thereof. At least ten (10) days prior to the expiration of any such policy, a
certificate showing that such insurance coverage has been renewed shall be filed with
the city. The contractor may obtain alternate forms of insurance coverage or
indemnification contingent upon the written approval of the city.
(4)
The contractor shall agree to tow all wrecked vehicles to a specific storage facility or
any other location as instructed by the police officer at the scene of an accident.
(5)
The contractor shall provide twenty-four-hour service, including Sundays and
holidays, and shall have available all the equipment specified by this article. The
contractor must have in continuous serviceable operation at least three (3) wrecker
units.
(6)
The contractor shall provide the defense for, indemnify and hold harmless the city, its
officers, agents and employees from any and all claims, suits, causes of action or
liability of any nature arising out of the contractor’s activities conducted pursuant to
the agreement and this article. The contractor shall be considered an independent
contractor of the city. The contractor, or his agents and employees, shall at no time
represent themselves as being affiliated with the city or being an agent, employee or
representative of the city.
(7)
The contractor shall be responsible for any damage caused to the vehicle or
equipment, and its contents, towed or stored by the contractor. Upon receiving a
complaint from any source concerning claimed damage to a towed vehicle or its
contents, the contractor shall submit a written performance report to the city police
department within two (2) working days of notification of the complaint.
(8)
Where it becomes necessary in any manner to disconnect, tamper with or damage the
gears, emergency brake or any other part of the vehicle being towed, the contractor
shall, on termination of the tow, repair or put such vehicle back in its original
condition as existed at the time when the contractor arrived at the scene and assumed
control of the vehicle.
(9)
The contractor shall maintain a telephone, manned twenty-four (24) hours a day, with
sufficient personnel to perform all obligations set forth in the agreement and this
article.
(10) The contractor shall not charge greater than the maximum fees allowed by the
wrecker services agreement approved by the city council for the following services:
all average tows, including motorcycles and motor scooters; wrecked vehicles;
services if a drive line must be dropped to tow the vehicle; services if it is necessary
to change a wheel or tire on the vehicle; services if a vehicle is a rolled over or upset;
services if a dolly is needed to clear the vehicle for towing; services with a roll over
with a dolly tow; services if a winch is required per fifty (50) feet of pull; heavy-duty
wrecker services.
(11) The contractor shall furnish a list of all vehicles taken into its possession under the
provisions of the agreement between the contractor and the city. This shall include a
description of the following:
(A) The make and model of the vehicle;
(B) The license plate number and year of issuance;
(C) The vehicle’s identification number;
(D) The contractor wrecker service’s impound number; and
(E) A detailed itemization of the contents, if any, found in or about the vehicle upon
its removal and storage.
This list shall be furnished to the city police department as soon as practical after the
contactor takes such vehicle into its possession and removes and stores the vehicle in
its storage facility. Said list shall include all vehicles, whether or not the vehicle is
deemed abandoned or will be deemed abandoned under Texas Transportation Code,
chapter 683, as now or hereafter amended, or whether there is a city “hold” on the
vehicle.
(12) The wrecker service contractor shall pay to the appropriate collection authority all
federal, state and local taxes and fees which are now or may hereafter be imposed
upon the contractor or the business conducted by the contractor, and shall maintain in
current status all federal, state and local licenses and permits required for the
operation of the business.
(13) Towing fees shall be collected by the contractor upon the release of vehicles.
Vehicles towed to places other than the contractor’s wrecking yard will be billed by
mail. Any towing fees owed by the city to the contractor pursuant to the agreement
and this article shall be paid on a per-pull basis and shall be billed monthly.
(14) During the course of the agreement between the city and the contractor, should any of
the contractor’s employees violate any rules and regulations as provided herein, the
violation shall be grounds for cancellation of the contract.
(A) The contractor and his personnel shall comply with directions from any member
of the police department in charge of the scene of an accident. At no time shall
the contractor interfere with the efforts of any member of the police department.
(B) The contractor and other personnel of the company shall comply with the orders
of the police chief or his designated representative relating to the tow of
vehicles.
(C) At the time of tow, the police officer in charge at the accident scene will furnish
the contractor with an impound slip if the vehicle is to be towed to the wrecking
yard of the contractor. The contractor shall maintain one (1) copy of the
impound slip at the contractor’s place of business.
(15) When directed by any member of the city police department, the contractor shall tow
vehicles which are parked in violation of law. Such vehicles shall be towed to the
wrecking yard of the contractor or to any other location which was chosen by the
chief of police or his duly authorized representative. For such tows, the contractor
shall charge only the fees as provided by resolution of the city council. For vehicles
with locked steering mechanisms and wheels turned, the contractor may dolly the
vehicle in order to tow and a dolly fee may be charged.
(16) The contractor shall agree to tow city-owned and department vehicles at no charge to
the city up to eight (8) vehicles per month. Any towing services over eight (8) per
calendar month shall be charged the standard rates as set forth in the resolution by the
city council regulating such rates.
(17) The contractor shall agree to tow and provide storage for all vehicles at no charge to
the city, wherein the city seeks forfeiture of such vehicles pursuant to the Texas
Controlled Substances Act or chapter 59 of the Texas Code of Criminal Procedure.
(18) In the event the city becomes dissatisfied, for any reason, with the performance of the
contractor under the agreement, the city shall have the right to terminate the
agreement immediately by providing written notice to the contractor.
(2001 Code, sec. 4.1604)
Sec. 4.14.008
Response to accidents; solicitation of business on streets
(a) When a police officer investigating an accident determines that any vehicle involved in a
collision or accident upon a public street is unable to proceed safely under its own power or
when it is determined that the operator thereof is physically unable to drive such vehicle, the
officer shall require that the vehicle be removed. When the operator has designated the wrecker
company desired, the police officer shall communicate the fact immediately to the dispatcher of
the police department, and it shall be the duty of the dispatcher receiving such information to call
the designated company provided the company has previously obtained a valid wrecker service
permit to operate in the city. In the event the company does not have a valid wrecker service
permit, the owner shall be so informed and given an opportunity to designate another company.
Each officer shall carry a list of companies which have obtained valid wrecker service permits
for the owner’s benefit. The officer in charge at the scene of the accident may authorize use of a
company which does not have a permit if requested by the individual in need of service and if it
will result in no unnecessary delay in clearing the scene of the accident.
(b) In the event that the operator of a vehicle which may or may not have been involved in an
accident or collision is unable to designate a wrecker company or is placed under lawful arrest,
the investigating officer shall communicate that fact immediately to the dispatcher of the
department. The department shall contact the wrecker service company contractor under contract
with the city to provide such service.
(c) In the event the contractor under contract with the city is requested by the police
department to make a call, the company shall proceed immediately to the scene where it is
directed. If the contractor under contract has not arrived at said location within thirty (30)
minutes from the time of such dispatch call, then the dispatcher may proceed to call another
contractor authorized to operate in the city. Ninety percent (90%) of all contractors’ responses to
a particular location shall not exceed thirty (30) minutes from the time of dispatch as measured
by the city’s dispatch center. If the contractor’s response time exceeds thirty (30) minutes and the
contractor has not notified the city police department, the contractor will have to provide full
justification of the delay to the police chief by filing a performance report within five (5) days. If
there is not justifiable cause for the delay, the contract may be terminated without notice.
(d) No damaged or inoperative vehicle or trailer shall removed by the owner or a wrecker
service operator from scene of a collision or vehicle accident until notification has been made to
the city police department.
(e) No person shall intentionally drive a wrecker to or near the scene of an accident within the
city unless such person has been called to the scene by the owner of the vehicle or an authorized
representative or by the chief of police. Each such wrecker operator, when called by the owner of
a disabled vehicle or authorized representative, shall notify the police department dispatcher
before proceeding to the scene of the disabled vehicle.
(f) No person shall solicit any wrecker business in any manner, directly or indirectly, on the
streets of the city, at or near the scene of an accident or of wrecked or disabled vehicles.
(g) Each wrecker company called to the scene of an automobile accident shall completely
remove from the street all resulting wreckage or debris, including all broken glass, before
departing an accident site.
(h) Any officer, in the exercise of his or her discretion as a police officer, may direct that any
vehicle (whether towed by a tow truck selected by the owner of the vehicle or from the city’s
contracted wrecker service) shall be taken by the driver of the tow truck towing the vehicle
directly to an enclosed place of storage designated by the city, and there be held by the city for
inspection, forensic examination, or investigation to determine the cause or reason for the
accident in which such vehicle was involved or such vehicle’s disability, or for any lawful
purpose.
(2001 Code, sec. 4.1605)
Sec. 4.14.009
City employees not to recommend service
No employee of the city shall recommend to any person, directly or indirectly, either by word,
gesture, sign or otherwise, the name of any particular person or firm engaged in the wrecker
service business, nor shall any city employee influence or attempt to influence in any manner a
decision of a person in choosing or selecting a wrecker service operator. (2001 Code, sec.
4.1606)
Sec. 4.14.010
Compliance with speed limits
All wreckers shall be driven at posted speeds unless directed by the officer in charge at the scene
of the accident. (2001 Code, sec. 4.1607(e))
Sec. 4.14.011
Procedure when owner of vehicle cannot be located
The wrecker company shall furnish the police department with the description and registration
number of any vehicles for which the company has been unable to locate the owner. This
information shall be furnished within ten (10) days from the date the company receives custody
of the vehicle. (2001 Code, sec. 4.1607(f))
Sec. 4.14.012
Release of towed vehicle
If the initial request for towing originates by the police department, no release shall be granted
without authorization from the police department. This provision shall not apply to towing at an
owner’s request which is relayed to the wrecker company by the police department. The police
dispatcher shall inform the wrecker company whether a pull is an owner’s request or police
department request. (2001 Code, sec. 4.1607(g))
ARTICLE 4.15 TAXICABS lxiii*
Sec. 4.15.001
Definitions
The following terms, when used in this article, shall have the meanings respectively ascribed to
them:
Chief of police. Any person acting on behalf of or in the position of chief of police.
Cruising. Any movement of unoccupied taxicabs over the streets of the city, except in the
following instances:
(1)
Unoccupied taxicabs proceeding to answer a request for taxicab service by
prospective passengers.
(2)
Unoccupied taxicabs returning by the most direct route to the location where such
taxicab is customarily kept or to the taxi stand of the operator of the taxicab nearest to
the place of discharge of its last passenger.
(3)
Unoccupied taxicabs roving over public streets by the most direct route to a garage or
other place for automotive repairs or for the purpose of being repaired or stored.
Driver or taxicab driver. The person actually driving the taxicab.
Franchise holder. Any person holding a taxicab franchise in the city from the city council.
Manifest. A daily record prepared by a taxicab driver of all trips made by such driver, showing
time and place of origin, destination, number of passengers and the amount of fare for
passengers.
Motor vehicle. Every motor-propelled vehicle used for the transportation of persons over the
public streets of the city.
Operate a taxicab. The driving of a vehicle so marked as to indicate that it is a taxicab on any
street of the city, and shall also be construed to mean the driving of any vehicle containing a
passenger over any street of the city for any monetary fare unless such vehicle is being operated
pursuant to a franchise issued by the city, or a franchise legally issued by the railroad
commission of the state with authority to so operate, or any permission duly granted by the city
council, or is an ambulance.
Operator. In connection with taxicabs, the person to whom a franchise has been granted and
under which franchise the particular taxicab is being operated.
Taxicab. Every vehicle used for the transportation of passengers for hire over the streets of the
city, with the following exceptions:
(1)
A vehicle being operated pursuant to a franchise or permit legally issued by the
railroad commission of the state to so operate, or pursuant to permission duly granted
by proper authority of the city for a vehicle to operate over a regular route, upon a set
schedule or pursuant to any permission duly granted by the city council.
(2)
Vehicles being used as ambulances.
(3)
Vehicles rented or leased for self-operation by the person actually driving the same,
unless such a vehicle is transporting for compensation persons other than the one who
actually rented or leased the same.
Waiting time. All time when a taxicab is not in motion, occupied by a passenger, and the time
consumed while standing at the direction of the passenger or person who has engaged the
taxicab.
(2001 Code, sec. 4.1701)
Sec. 4.15.002
Exceptions
(a) A vehicle which is lawfully transporting a passenger or passengers from a point outside of
the city to a destination within the city, or after discharging such a passenger within the city, and
is returning empty by the most direct route to its regular place of business outside the city, is
excepted from the provisions of this article; provided, however, no such vehicle shall solicit or
accept a passenger from any point within the city for transportation to any destination
whatsoever.
(b)
It shall be unlawful for any person who is engaged in the business of delivering parcels or
packages in the city to transport, or offer to transport, any other person as a passenger, whether
for hire or without charge, or to permit any person to ride as a passenger in any conveyance used
in delivering parcels or packages; provided any business in the city maintaining a free delivery
service incidental to and as a part of another principal business may transport persons, if not
transported for hire, without violating the provisions of this article.
(2001 Code, sec. 4.1702)
Sec. 4.15.003
Street rental fee
(a) As compensation or a rental or license fee for the privilege of operating upon and using the
public streets and thoroughfares of the city, and conducting and carrying on the business of
transporting passengers for compensation on and over the streets and thoroughfares in taxicabs,
each holder of a franchise granted under the terms of this article shall pay to the city at the office
of the city secretary an amount equivalent to two percent (2%) of the gross revenues derived
from the operation of the taxicabs operated by him. Such amount shall be paid monthly for each
calendar month on or before the fifteenth (15th) day of each succeeding calendar month. Such
compensation shall be in lieu of all other fees to be paid by taxicab operators imposed by any
other ordinance now in force, but shall not be construed to be in lieu of any validly assessed ad
valorem taxes.
(b) Each holder of a franchise shall file with the city secretary a sworn statement showing all
receipts for each calendar month, and the sworn statement shall be filed on or before the fifteenth
day of the succeeding calendar month.
(c) The holders of taxicab franchises shall install and accurately and correctly keep a system of
books, which shall accurately reflect all receipts from the operation of taxicabs. Each system of
bookkeeping of each holder of a franchise shall be approved by the city secretary.
(d) Upon report to the city council of the failure of any holder of a franchise to file with the
city secretary a sworn statement showing all of the receipts from taxicab operations for the
preceding calendar month on or before the fifteenth day of each month, or upon report to the city
council of failure of any holder of a franchise to pay an amount equivalent of two percent (2%)
of the gross revenues derived from the operation of public taxicabs for the preceding calendar
month on or before the fifteenth day of any calendar month, the city council shall automatically
suspend the franchise granted to the person thus in default, and such suspension shall continue
and be in full force and effect until it shall be reported to the city council at a regular meeting
that such omission or default has been corrected.
(2001 Code, sec. 4.1703)
Sec. 4.15.004
Franchise
(a) Required. It shall be unlawful for any person to operate a taxicab for hire within the city
unless such person shall have been granted a franchise to do so in accordance with the terms of
this article and the charter of the city.
(b) Certificate of public convenience and necessity. No person shall drive, operate or cause to
be operated, nor shall any person employ, permit or allow another to drive, operate or cause to be
operated, any taxicab over any street in the city for the purpose of transporting passengers for
compensation, nor shall any person accept compensation for the transportation of passengers
without first having obtained from the city under the provisions of this article and charter of the
city a franchise in the form of a certificate of public necessity and convenience authorizing the
operation of a taxicab service in the city.
(c) Use of unauthorized taxicabs prohibited. It shall be unlawful for any person knowingly to
engage any transportation by motor vehicle which is operated in the same or similar manner
employed by taxicab services, unless such transportation so engaged shall be a duly authorized
operation under franchise from the city.
(d) Application requirements. Any person desiring a franchise to operate a taxicab service in
the city shall file with the city secretary a written application requesting a franchise. Such
application shall be filled out and filed in triplicate on forms to be furnished by the city secretary,
shall be verified by the oath of the applicant and shall give, among other details, the following
information:
(1)
The name, age and residence of the applicant, if a natural person. If the applicant is a
partnership, the name, age and residence of all partners, general, special, and limited.
If the applicant is a corporation, its name, date and place of incorporation, and the
address of its principal place of business, the names and residences of all its officers
and directors, the names and residences of each stockholder owning ten percent
(10%) or more of the total issued capital stock, and showing the percentage of the
total issued capital stock owned by each of them, the total amount and nature of its
authorized capital stock, the amount thereof fully paid up, as well as a duly certified
copy of its charter and bylaws, and further, if the applicant is a foreign corporation, a
duly certified copy of its permit to do business in Texas.
(2)
The length of time the applicant has been a resident of the city and the county.
(3)
The trade name, if any, under which the applicant proposes to operate.
(4)
The make, type, model, capacity and condition of the taxicabs proposed to be
operated; the design and color scheme of each taxicab and the lettering and marks to
be used thereon.
(5)
The address of the place of business from which the applicant proposes to operate.
(6)
The number of taxicabs for which a permit is desired.
(7)
A full and complete statement of all the applicant’s assets and liabilities.
(8)
A full list of any unpaid judgment of record against the applicant.
(9)
A full list of all convictions of the applicant for violations of all federal and state
laws.
(10) A full list of all liens, mortgages and other encumbrances of taxicabs. Such list shall
include the amount secured by lien, mortgage or other encumbrance, the amount then
due thereon, and the character of such lien, mortgage or other encumbrance.
(11) Full information pertaining to the extent, quality and character of the service that the
applicant proposes to render.
(12) Facts showing the demand, need, and necessity for such service.
(13) A full and complete statement of the experience, if any, the applicant has had in
rendering such service in the city or elsewhere.
(14) Any additional information as may be required by the city council in its discretion.
(e) Placement of application on council agenda. When an application for a taxicab franchise
containing the required information in full, properly executed and verified, is filed in triplicate
with the city secretary, it shall be placed on the agenda of the city council for the next regular
meeting of the city council following the filing of such application.
(f) Investigation. The city council shall determine whether or not the public necessity and
convenience require the operation of such taxicabs and whether or not the applicant is fit and
proper, qualified and able to efficiently conduct such business and render such service to the
public. After receiving any application for a taxicab franchise, the city council shall make or
cause to be made, by the police department of the city, such investigation as it may consider
necessary.
(g) Criteria for issuance. In determining whether or not a franchise should be issued, the city
council shall consider, among other things, the following items:
(1)
Probable permanency and quality of the service offered by the applicant, the
experience he has had in rendering such service in the city or similar service
elsewhere, and the past record and experience of the applicant in adjusting claims and
paying judgments, if any, to claimants.
(2)
The financial ability of the applicant to respond to damages in claims of judgments
arising by reason of injury to persons or damage to property resulting from the
operation of a taxicab.
(3)
The character and condition of the taxicabs to be used.
(4)
The character and past record of the applicant.
If the applicant is a partnership or corporation, the above enumerated items shall be applied to
each of the partners, officers, directors and stockholders.
(h) Hearing on application. A public hearing shall be held concerning the application for
operation of a taxicab service in the city. No franchise to operate a taxicab service in the city
shall be granted until a public hearing shall have been held before the city council on such
request at a regular meeting of the city council. Notice of the public hearing shall be published as
provided by law. The expense of such publication shall be borne by the applicant.
(i) Insurance. Before any franchise shall be granted to any person to operate a taxicab service
or business in the city, or before a renewal or transfer of a taxicab franchise, the owner or
operator shall file with the city secretary, and thereafter keep in full force and effect, a standard
policy of public liability and property damage insurance to be executed by an insurance company
duly and legally authorized to do business in the state and performable in the county and
reflecting the following coverage and insurance limits:
(1)
Bodily injury liability, $100,000.00 per person/$300,000.00 per accident.
(2)
Property damage liability, $100,000.00 per accident.
(j) Granting or denial. If the city council finds that the public necessity and convenience do
not require the operation of any additional taxicabs, or that the applicant is not fit to conduct such
business for any reason, or that the interest of the general public and the city will best be served
by the refusal of such application, then it shall forthwith refuse such application and no franchise
shall be issued to such applicant. If the city council finds that the public necessity and
convenience require the operation of the number of taxicabs applied for, or of a lesser number,
and that the applicant is fit and qualified morally and financially to conduct the business, and that
the general welfare of the citizens of the city will best be served by the addition of more taxicabs,
and that all other requirements of this article have been fully complied with by the applicant, the
city council shall notify the applicant of its findings, and a franchise may then be granted under
the terms and provisions of this article and the charter of the city.
(k) Display. Each franchise granted shall be prominently displayed at all times at the principal
place of business of the operator to whom such franchise is granted.
(l) Transfer. No franchise granted under the terms of this article shall be transferable or
assignable without the written consent and approval of the city council after written application
has been made to the city council therefor.
(m) Suspension. If for any reason the city council deems that the general welfare of the citizens
requires such action or that the best interest of the city will be served thereby, it may, by formal
action upon ten (10) days’ notice to the holder thereof, suspend, for any period up to but not
exceeding thirty (30) days, any franchise granted under the terms of this article. In the event of
such a suspension, such franchise shall be of no force and effect and the holder thereof shall not
be authorized to operate taxicabs in the city. For good cause, the city council may by formal
action lessen or terminate any such period of suspension.
(n) Forfeiture and cancellation. Any franchise granted hereunder shall be subject to forfeiture
and cancellation by the city council upon conviction for violation of the terms of this article or
the franchise granted hereunder, or the falsification of any information contained in the
application the subject of such franchise.
(o) Revocation. If the holder of any franchise shall show by his actions that he is not a fit and
proper person to operate taxicabs in the city, or if the financial position of the holder shall reach
such a condition that the city council does not deem the holder able to pay full, reasonable claims
for damages which might be legally established and confirmed, or if for good and sufficient
reason the general welfare of the citizens of the city will best be served by such action, the city
council may, after a hearing, revoke and cancel any franchise granted by it under the terms of
this article. In the event of such revocation and cancellation, the franchise shall be null and void.
(p) Hearing on revocation. The hearing as specified in the previous subsection shall not be held
until notice of the hearing has been given to the holder of the franchise in question by certified
mail, return receipt requested, addressed to the holder at the address shown on the records of the
city, and a period of at least ten (10) days has elapsed since the mailing of such notice. Such
notice shall specify the time and place of the hearing, and shall list the reasons that the general
welfare of the city requires the revocation and cancellation of such franchise. The holder of the
franchise in question shall be allowed to be present at such hearing, which shall be public, and
shall be allowed to be represented by counsel. He shall have full opportunity to challenge any
and all charges and allegations set out against him or his operations in the notice. Such hearing
shall be conducted by the city council. If the findings made after such hearing show that the
operator is not a fit and proper person to conduct such business, or is unable to pay in full
reasonable claims for damages which might be asserted, or for any reason the general welfare of
the citizens of the city or the best interests of the city will be served best by such action, then the
city council shall revoke and cancel the franchise in question.
(2001 Code, sec. 4.1704)
Sec. 4.15.005
Vehicle permit
(a) The city secretary shall issue an individual permit for each taxicab authorized to be
operated under a franchise. Such permit shall show the trade name of the operator, the expiration
date of the operator’s franchise, and the make, type, model, capacity, license number, motor
number, and taxicab number, as designated by the city secretary, of the taxicab for which such
permit is issued. If, at any time, the operator desires to replace a taxicab for which a permit has
been issued under the provisions of this article, he shall surrender the permit for that taxicab
being withdrawn from service to the city secretary for cancellation and shall obtain a permit for
the replacement taxicab. Provided, however, no permit shall be issued under the provisions of
this article until such taxicab has been inspected and approved by the chief of police of the city
or his representative.
(b) Each taxicab permit issued under this article shall be prominently displayed at all times in
full view of persons in the back seat of the taxicab for which such permit was issued. It shall be
unlawful to display any such permit in any taxicab other than the one for which such permit was
issued.
(2001 Code, sec. 4.1705)
Sec. 4.15.006
Drivers
(a) Driver regarded as employee of permittee. Every person who drives a taxicab in the city,
whether the owner of the taxicab or not, shall be regarded as the employee, agent and
representative of the holder of the franchise, regardless of whether the franchise holder owns,
leases, contracts for or otherwise legally controls the taxicab being driven and operated in the
taxicab service of the franchise holder.
(b) Qualifications. Every franchise holder operating a taxicab service in the city shall employ
as drivers of taxicabs only persons who are physically and mentally fit and able to operate a
motor vehicle for hire, and of good moral character.
(c) Driver’s permit and chauffeur’s license required. It shall be unlawful for any person to
drive or operate a taxicab in the city without first having obtained a taxicab driver’s permit from
the chief of police, and without having a valid chauffeur’s license issued by the department of
public safety of the state.
(d) Application for driver’s permit. A written application for a taxicab driver’s permit shall be
filed with and shall be upon a form obtained from the chief of police containing among other
matters the following information:
(1)
A showing of the experience of the applicant in driving motor vehicles, including
public vehicles.
(2)
Whether or not the applicant has ever been convicted of a violation of any federal,
state or municipal law, and, if so, the particulars of each violation of which the
applicant may have been convicted.
(3)
The applicant’s name, street address, age, sex, telephone number and place of
residence for the three (3) years immediately preceding the date of such application.
(4)
The name of the taxicab operator for whom such driver proposes to work.
(5)
Such other additional information as the chief of police in his discretion may
prescribe on such form.
(e) Issuance of driver’s permit. If the chief of police of the city deems it advisable, he shall
make such additional investigations of the applicant as he deems necessary to ascertain whether
or not he is a fit and proper person to drive a taxicab in the city. If, after examining such
applicant and obtaining such information as he deems advisable, the chief of police is satisfied
that the applicant is a fit and proper person to drive a taxicab in the city, then, upon the payment
of a fee as provided for in the fee schedule found in appendix A of this code, by the applicant,
the chief of police of the city shall cause to be issued to such applicant a permit to drive taxicabs
in the city. Each permit issued shall expire on the thirty-first day of December following the date
of issuance.
(f) Display of driver’s permit. The taxicab driver’s permit shall be prominently displayed at all
times in full view of persons in the back seat of the taxicab being driven by the permittee. Such
permit shall have attached to it a picture of the permittee, his name, age, and such other
information as may be deemed proper by the chief of police of the city.
(g) Suspension or revocation of driver’s permit. If at any time, in the opinion of the chief of
police of the city, the public interest, the public safety or the general welfare of the citizens of the
city will best be served by suspension or revocation of a taxicab driver’s permit, the chief of
police of the city shall suspend or revoke such taxicab driver’s permit. No person whose driver’s
permit has been so suspended or revoked shall drive any taxicab in the city until and unless such
permit shall be reinstated by the chief of police of the city, or he shall obtain a new taxicab
driver’s permit.
(2001 Code, sec. 4.1706)
Sec. 4.15.007
Vehicle requirements; taximeters
(a) It shall be unlawful for any taxicab to be operated under or by virtue of any franchise
granted under the terms of this article unless such taxicab [is] owned or controlled by the holder
of such franchise.
(b) Before being allowed to operate upon the streets of the city, each taxicab shall be inspected
and approved by the chief of police of the city or his representatives. No taxicab shall be driven
or operated upon the streets of the city unless the same is in safe condition and free from
mechanical defects, with particular reference to, but not limited to, lights, brakes, tires and
steering apparatus.
(c) Each taxicab operated upon the streets of the city shall have painted upon both sides of
such taxicabs the trade name of the organization under whose franchise such taxicab is being
operated and the number assigned to each taxicab by or under the direction of the city secretary.
(d) It shall be unlawful for any owner or operator or driver of any taxicab to operate or cause to
be operated, or drive or cause to be driven, any taxicab on the streets, alleys, or public
thoroughfares of the city unless the same is equipped with a taximeter, approved by the chief of
police of the city or his duly authorized representatives, and it shall be the duty of every owner
using any taximeter at all times to keep the same accurate. Same shall be subject to inspection by
the chief of police of the city, or any agent appointed or authorized to act for the police
department, for accuracy.
(e) Taximeters shall be connected to the transmission or main drive shaft of the taxicab and
shall be placed in the driver’s compartment of the right-hand side of the taxicab, with the face of
such taximeter upon which the fare is recorded directed toward the passenger compartment and
so situated as to be wholly visible to, and clearly discernible by, a passenger sitting in any part of
the rear seat.
(f) No person shall operate or permit to be operated or drive for hire any taxicab unless the
taximeter shall have been sealed by the owner or his representative, or by the chief of police of
the city, with wire and lead seals as follows:
(1)
The mechanism shall be sealed within a case;
(2)
The meter shall be sealed to meter brackets; and
(3)
Driving equipment shall be sealed at the upper end to the metal bracket.
(g) The face or dial of each taximeter shall be illuminated by suitable light arranged so that the
figures may be read by any passenger in the taxicab.
(h) The height of the numeral indicating the fare charge shall not be less than one-half (1/2)
inch.
(i) All taximeters shall be subject to inspection and test by the chief of police of the city at any
time, and any taximeter found not to conform to the tolerance established in this article shall be
ordered out of service, and the operator and driver thereof shall be guilty of a violation.
(j) Taxicab owners shall be held responsible for accuracy of taximeters installed in their
taxicabs within the tolerance allowed by this article. Inspections and tests shall be made when
deemed necessary by the chief of police of the city. A record shall be kept by the owner of each
test of a taximeter, and this record shall be available for inspection by the chief of police of the
city at any time.
(k)
The tolerances to be allowed on all taximeters shall be as follows:
(1)
Tolerances on mileage tests:
(A) On bench test, with respect to the nominal number of spindle revolutions, a
deficiency tolerance of one percent (1%) and an excess tolerance of one percent
(1%) of the interval under test, with an added tolerance of one hundred feet
(100') whenever the initial interval is included in the interval under test.
(B) On wheel and road tests, with respect to distance computed or actually traveled,
a deficiency tolerance of two percent (2%) and an excess tolerance in excess of
two percent (2%) of the interval under test, with an added tolerance of one
hundred feet (100') whenever the initial interval is included in the interval under
test; provided, however, that on a road test, if the taxicab tires are obviously
worn, a tolerance in deficiency of one percent (1%) shall be allowed.
(2)
Tolerances on time tests:
(A) On individual time intervals, a tolerance of three (3) seconds per minute, being
five percent (5%), in deficiency; and a tolerance of six (6) seconds per minute,
being ten percent (10%), in excess; provided, however, that on the initial time
interval the tolerance in excess may be nine (9) seconds per minute, being
fifteen percent (15%); and
(B) On the average time interval (computed after excluding the initial interval), no
tolerance in deficiency and a tolerance of three (3) seconds per minute, being
five percent (5%), in excess.
(l) It shall be unlawful for any driver of a taxicab, while carrying passengers, to display the
flag attached to the taximeter in such a position as to denote that such taxicab is not employed, or
to throw the taximeter into a recording position when such taxicab is not actually employed, or to
fail to throw the flag of such meter in a non-recording position at the termination of each and
every service.
(2001 Code, sec. 4.1707)
Sec. 4.15.008
Rates and fares; duties of drivers; prohibited acts
(a) The rates and fares to be charged by all taxicab operators originating their transport within
the city limits shall be as follows:
(1)
One dollar and thirty cents ($1.30) for the first one-tenth (1/10th) mile or fraction
thereof;
(2)
Ten cents ($0.10) for each additional one-tenth (1/10th) mile or fraction thereof;
(3)
Fifty cents ($0.50) for each additional passenger (excluding infants in arms);
(4)
One dollar ($1.00) extra passenger charge between the hours of 7:00 p.m. and 7:00
a.m.; and
(5)
Ten dollars ($10.00) per hour traffic delay/waiting time.
(b) The rates established shall be the sole charge made or collected, and there shall be no
additional charge made for ordinary luggage, bags, or parcels being carried by such passenger. It
shall be unlawful for any driver of a taxicab to demand or receive a fee or charge for taxicab
services in excess of or less than the rates specified in this article. However, nothing herein
contained shall be construed as requiring a taxicab to carry trunks, very large packages, parcels,
articles or objects likely to injure or damage the taxicab.
(c) Every driver of a taxicab shall have the right to demand the payment of the regular fare
before picking up a passenger and may refuse employment unless so paid; otherwise, no driver
of a taxicab shall refuse or neglect to convey any orderly person upon request to any place in the
city unless previously engaged or unable to do so.
(d) Every taxicab operator shall post in each taxicab operated by him in a conspicuous place in
view of the passengers to be conveyed a schedule of fares to be charged for such service. Such a
schedule shall be printed on a card in not less than twenty-four (24) point black-faced type, letter
spaced, and giving the rates and distances for which such rates apply.
(e) It shall be unlawful for any person to refuse to pay the legal fare of any taxicab after having
hired the same, and it shall be unlawful for any person to hire any taxicab with intent to defraud
the person from whom it is hired of the value of such service.
(f) Every driver of a taxicab shall maintain a daily manifest upon which is recorded all trips
made each day, showing the time and place of origin and destination of each trip and the amount
of fare, and all such completed manifests shall be returned to the owner of the taxicab by whom
the driver is employed at the conclusion of the driver’s tour of duty for the day. It shall be the
duty of the franchise holder to furnish the forms for such manifest record and to see that such
manifest is kept daily by each driver.
(g) It shall be the duty of every taxicab driver to return without delay to the owner, if any, any
luggage, merchandise, or other property left in the taxicab. If the owner is not known, the driver
shall deliver to the franchise holder, immediately upon the driver’s return to the terminal, any
property whatsoever left in his taxicab with a complete report as to when it was left in the taxicab
and the circumstances relating thereto.
(h) Cruising as defined in this article is hereby prohibited; however, upon the completion of a
call or upon returning by the most direct route to the nearest stand of the operator employing a
taxicab driver or the regular stand of such driver, such taxi may, if hailed by a prospective
passenger, stop and pick up such passenger.
(i) It shall be unlawful for any taxicab driver to solicit, by word, signal, or sign, passengers
upon any public street in the city, or in or near any public place within the city.
(j) It shall be unlawful for any driver of a taxicab knowingly to transport any passenger to the
abode of a prostitute, or knowingly to transport any criminal, narcotics peddler, prostitute or
bootlegger in the commission of a crime or infraction of the law in any manner, or act in any
manner as a panderer or pimp for prostitutes or a contact for unlawful establishments of any
character.
(2001 Code, sec. 4.1708)
ARTICLE 4.16 CABLE TELEVISIONlxiv*
Sec. 4.16.001
Rights granted by franchise
The franchise to be granted by the city pursuant to this article shall grant to the grantee the right,
privilege and franchise to erect, construct, operate and maintain in, upon, along, across, above,
over and under the streets, alleys, public ways and public places now laid out or dedicated and all
such extensions thereto and additions thereto in the city, any poles, wires, cables, underground
conduits, manholes, and other television conductors and fixtures necessary for the maintenance
and operation of a CATV system for the interception, sale, transmission and distribution of
television programs and other audiovisual electrical signals and the right to transmit the same to
the inhabitants of the city on the terms and conditions hereinafter set forth. The city expressly
reserves the right to grant a similar use of said streets, alleys, public ways and places to any
person at any time during the period of this franchise. It is further the intention of this article to
limit the activity of a grantee hereunder solely to the operation of cable television systems within
the city. (2001 Code, sec. 4.901)
Sec. 4.16.002
Duration of franchise
The term of the franchise to be granted by the city pursuant to this article shall be for a period of
fifteen (15) years from and after the grant and acceptance date of the franchise to be awarded,
subject to the conditions and restrictions as hereinafter provided, and further provided that the
mayor and city council shall have the right to review such franchise periodically at such time as
the mayor and city council may from time to time elect to do so and as hereinafter provided.
(2001 Code, sec. 4.902)
Sec. 4.16.003
Grantee’s acknowledgment of rights of city
In accepting this franchise, the grantee acknowledges that its rights hereunder are subject to the
police power of the city to adopt and enforce general ordinances necessary to the safety and
welfare of the public, and it agrees to comply with all applicable general laws and ordinances
enacted by the city pursuant to such power. (2001 Code, sec. 4.903)
Sec. 4.16.004
Title; definitions
This article shall be known and may be cited as the city cable television regulations, and it shall
become a part of the Code of Ordinances of the city, with the following definitions applicable
thereto:
Agency. The person, department, or agency designated by the city council to act in matters
related to CATV.
Cablecasting, origination, and access. Cablecasting means programming (exclusive of broadcast
signals) carried on a cable television system.
(1)
Origination cablecasting. Programming (exclusive of broadcast signals) carried on a
cable television system over one (1) or more channels, and subject to the exclusive
control of the cable operator.
(2)
Access cablecasting. Services provided by a cable television system on its public,
education, local government, or leased channels.
(A) Public access channel. A specially designated noncommercial public access
channel on a first-come nondiscriminatory basis for which the system shall
maintain and have available for public use at least the minimal equipment and
facilities necessary for the production of programming for such a channel.
(B) Education access channel. A specially designated channel for use by local
educational authorities.
(C) Local government access channel. A specially designated channel for local
government.
(D) Leased access channel. Portions of the system’s nonbroadcast bandwidth
including unused portions of the specially designated channels for leased
accessed services.
CATV, community antenna television system, cable television system or CATV system. Any
facility, the primary function of which is either to receive and amplify the broadcast signals of
one (1) or more television and radio stations or to provide signals for additional closed-circuit
programming, and to redistribute such signals to members of the public who subscribe thereto or
to whom redistribution of such signals is required by this article, by means of wires, cables,
conduits, or any other devices which are above, below, on, in, or along highways or other public
places.
Certificate holder. The person or company (franchise) awarded a certificate of public
convenience and necessity for the operation of a CATV system in the city, the certificate to be
awarded in accordance with the provisions of applicable law, including this article.
Converter. An electronic device which converts signals to a frequency not susceptible to
interference within the television receiver of a subscriber, and by an appropriate channel selector
also permits a subscriber to view all signals delivered at designated dial locations.
District. The area within which the cable operator will provide service.
Gross receipts, revenues, gross annual receipts. As compensation for the franchise granted
herein and in consideration of permission to use the streets and public ways of the city and the
service area for the construction, operation, maintenance, and reconstruction of a cable
communications system within the city and service area, the grantee shall pay to the grantor an
amount equal to five percent (5%) of the grantee’s gross calendar quarterly revenues from all
sources attributable to the operations of the grantee within the city and the service area. All funds
received pursuant to this subsection shall be deposited into the general fund of the grantor. Said
sum shall be paid within thirty (30) days of the end of each calendar quarter.
Programmer. Any person, firm, corporation, or entity who or which produces or otherwise
provides program material for transmission by video, audio, digital, or other signals, either live
or from recorded tapes, to subscribers, by means of the cable communications system.
School. Any institution of the Birdville Independent School District located within the city, any
nonprofit day care center, and any other nonprofit educational institution.
Service, basic and additional.
(1)
Basic subscriber service means the total of all the following:
(A) The transmission of all broadcast video channel signals provided for herein;
(B) The transmission of the public, educational, and local government access
channel signals;
(C) The transmission of the local origination channel signals;
(D) The transmission of such other cablecast channel signals as are required by the
FCC to match the number of broadcast channel signals being transmitted; and
(E) The installation and reconnection of subscriber service outlets.
(2)
Additional services means any of the following: Such video services as the
transmission of all leased access channel signals not included in basic subscriber
service, as well as the transmission of cablecast video advertising messages and pay
television signals.
Streets and highways. Streets, avenues, highways, boulevards, concourses, driveways, bridges,
tunnels, parks, parkways, waterways, docks, bulkheads, wharves, piers, alleys, all other public
rights-of-way, and public grounds or water within or belonging to the city.
Subscriber. Any person, firm, corporation, or other entity receiving for any purpose the service
of the franchise herein.
System. The broadband communications facility which is to be constructed, operated, and
maintained by the company within the city. The system shall have a minimum of thirty-five (35)
channels with at least non-voice return communications, and provide at least one (1) channel for
composite public, educational, local government and leased access use.
Two-way capability. The franchise shall maintain a plant having technical capacity for non-voice
return communications.
User. A person or organization utilizing a system channel for purposes of production and/or
transmission of material, as contrasted with receipt thereof, in a subscriber capacity.
(2001 Code, sec. 4.904)
Sec. 4.16.005
(a)
Franchise required; conditions
Franchise required; duration; exclusivity.
(1)
The city shall grant a franchise for the use of the streets within the city for the
construction, operation, and maintenance of a CATV system. No system shall be
allowed to occupy or use the streets of the city or be allowed to operate without a
CATV franchise.
(2)
The franchise shall be granted for a term of fifteen (15) years; thereafter, after full
public hearings, and according to the franchise renewal procedure that follows, the
franchise may be renewed for periods of reasonable duration not to exceed ten (10)
years as in the opinion of the majority of the city council will serve the public
interest.
(3)
Procedure to consider franchise renewal:
(A) Thirteen (13) months before expiration of the franchise the city council may
appoint, in the manner provided for in section 4.16.009(e), a CATV advisory
board to review the performance of the franchisee and the content of the CATV
ordinance.
(B) After giving public notice in the city’s officially designated newspaper, the
board shall proceed to determine whether the operator has satisfactorily
performed his obligations under the franchise. To determine satisfactory
performance, the board shall look at the technical developments and
performance of the system, programming, other services offered, cost of
service, and any other particular requirement set forth in this article, such as the
availability of programming equipment and personnel to aid access channel
users; also, the board shall consider the franchisee’s annual reports made to the
city or the FCC; provision shall be made for community comment, and industry
performance on a national basis shall be considered.
(C) A four-month period shall be provided to determine the franchisee’s eligibility
for renewal.
(D) The board shall then prepare amendments to the franchise regulations that it
believes necessary.
(E) The board shall submit to the city council recommendations in regard to:
(i)
Renewal of the franchise;
(ii)
Changes to the franchise; and
(iii) Amendments to the franchise regulations.
(F)
If by majority vote the city council finds the franchisee’s performance
satisfactory, a new franchise may be granted pursuant to the regulations as
amended.
(G) In the event the current franchisee is determined by the city council to have
performed unsatisfactorily, new applicants shall be sought and evaluated by the
CATV advisory board and a franchise award made by the city council according
to CATV franchising procedures adopted by the city council.
(b)
Reevaluation.
(1)
The city and the franchisee shall hold scheduled reevaluation sessions within thirty
(30) days of the fifth (5th) anniversary dates of the franchisee’s obtaining certification
for the system from the FCC. All such reevaluation sessions shall be open to the
public and announced in a newspaper of general circulation at least five (5) days
before each session.
(2)
Special reevaluation sessions may be held at any time during the term of the
franchise. All such reevaluation sessions shall be open to the public and announced in
a newspaper of general circulation at least five (5) days before each session.
(3)
The following topics may be discussed at every scheduled reevaluation session:
service rate structures; free or discounted services; application of new technology;
system performances; services provided; programming offered; customer complaints;
amendments to this article, undergrounding progress; and judicial and FCC rulings.
(4)
Topics in addition to those listed may be added if agreed upon by the parties.
Members of the general public may add topics either by working through the
negotiating parties or by presenting a petition. If such a petition bears the valid
signatures of fifty (50) or more residents of the city, the proposed topic or topics shall
be added to the list of topics to be discussed at the reevaluation session.
(c) Cancellation and termination. By majority vote, the city council may cancel the franchise
conferred by this article at any time prior to its expiration date upon a finding, made after thirty
(30) days’ notice of the proposed cancellation and public hearing, that the grantee has failed to
cure one (1) or more of the following defects during a sixty (60) day period following written
notice by the mayor or city manager to the grantee of such a defect:
(1)
Material breach, whether by act or omission, of any terms or conditions of these
franchise regulations.
(2)
Material misrepresentation of fact in the application for or negotiation of the
franchise.
(3)
Failure to provide subscribers or users with adequate service in the best interest of the
public convenience and welfare.
(4)
Failure to timely pay to the city the franchise fee.
If there is a finding by the city council that the franchisee has “failed to provide subscribers or
users with adequate service in the best interest of the public convenience and welfare,” said
findings shall be reduced to writing in such a manner so as to reasonably give the franchisee a
list of grievances. Once said writing is communicated to the franchisee, the franchisee shall have
an additional sixty (60) days to cure all defects and report to the city manager that said defects
are cured. Failure to timely cure the listed grievances shall result in automatic cancellation of the
franchise.
(d)
(e)
Continuity of service.
(1)
Continuity of service mandatory. The franchisee shall be required to provide
continuous service to all subscribers in return for payment of the established fee. If
the franchisee overbuilds, rebuilds, modifies or sells the system, or the city revokes or
fails to renew this franchise, or the city elects to purchase the system, the franchisee is
required as part of this franchise to continue to operate the system until an orderly
change of operation is effectuated. In the event the franchisee fails to operate the
system for five (5) consecutive days without prior approval of the city council, the
city or its agent may operate the system until such time that a new operator is
selected.
(2)
City purchase of system upon termination of franchise. In the event that the city
revokes this franchise pursuant to appropriate provisions of this article, or otherwise
upon termination of the franchise, the city shall have the right to purchase the CATV
system at a price not to exceed its then book value (that is, original cost of property
less accumulated depreciation). The book value shall be determined by the city in
accordance with generally accepted appraisal and accounting principles. Under no
circumstances shall any valuation be made for “good will” or any right or privilege
granted by this franchise. Should a dispute arise over the determination of the book
value of the system, the dispute shall be resolved by arbitration as provided in section
4.16.014 of this article (provision for arbitration of disputes). Should the city decline
to purchase the system, the operator shall have two (2) years from the date on which
it ceases operation to remove, at its own expense, all portions of its system from the
city, and to restore said streets, easements, and ways to a condition satisfactory to the
city within that period of time. The city shall have one hundred eighty (180) days
from the date of revocation or termination of the franchise in which to purchase the
system.
Transfer or assignment.
(1)
The franchisee operating under this article shall not be permitted to sell, transfer, or
otherwise change more than ten percent (10%) of the ownership herein granted
without prior written consent of the city council. If after five (5) years the franchisee
would consider sale of more than ten percent (10%) or a transfer of control, then,
provided the transferee met the character, financial, and experience criteria
established by the FCC and the city council, the consent of the city council would not
be unreasonably withheld.
(2)
The franchisee operating under this article shall not be permitted to sell, lease,
sublease, transfer, or otherwise change working control of the franchise herein
granted without prior written consent of the city council. For the purpose of
determining whether it shall consent to such change, transfer, or acquisition of
control, the city council may inquire into the prospective controlling party, and the
franchisee shall assist the city council in any such inquiry. If the city council does not
schedule a hearing on the matter within sixty (60) days after notice of the change or
proposed change and the filing of a petition requesting its consent, the city shall be
deemed to have consented. In the event that the city council adopts a resolution
denying its consent, and such change, transfer, or acquisition of control has been
effected, the city council may terminate or renegotiate the franchise.
(3)
The consent or approval of the city council to any assignment, lease, transfer,
sublease, or mortgage of the franchise granted to the franchisee shall not constitute a
waiver or release of the rights of the city in and to the streets.
(4)
In the absence of extraordinary circumstances, the city council will not approve the
assignment of the franchise by the franchisee prior to completion of construction of
the CATV system.
(5)
The council reserves the right to review the purchase price of any transfer or
assignment of the system, and any assignee to this franchise expressly agrees that any
negotiated sale value which the city council deems unreasonable will not be
considered in the rate base for any subsequent request for rate increases.
(2001 Code, sec. 4.905)
Sec. 4.16.006
Franchise territory; extension of service
(a) Map of franchise area. The grantee shall submit, in addition to the application for franchise,
a map showing the franchise area and the projected construction completion date. The map shall
clearly delineate any areas which will not be served, if any.
(b) Review of franchise area. At two (2) year intervals, beginning the third year after the
franchise is awarded, the map shall be reviewed, and changes in the district shall be incorporated
by mutual agreement.
(1)
Before requesting extension of service into previously unserved areas, the city council
must take into consideration the costs of said extension, population density and
averages, and terrain problems.
(2)
The review shall take place at a public meeting.
(c) Arbitration of disputes. Should the city council and the grantee fail to agree upon new
service areas requested by the city council, the matter shall be arbitrated as provided in this
article.
(d) Service outside franchise area. The grantee shall negotiate with any citizen or group of
citizens desiring service who are located outside the district. Should the grantee and such citizens
fail to reach an agreement upon the costs of service to be extended, the matter shall be submitted
to an arbitration board as provided in this article.
(e) Annexation. Upon the annexation of any new territory by the city, the portion of the CATV
system that may be located or operated within such territory and the streets, alleys, or public
grounds thereof shall thereafter be subject to all the terms of this grant as though it were an
extension made thereunder.
(2001 Code, sec. 4.906)
Sec. 4.16.007
Access programming facilities
(a) Generally. All cable system franchises must provide reasonable equipment to be used by
access cablecasters with the aid of a technical and production staff to be provided by the
operator. Included should be equipment that can store programs for later showing. In addition, a
centrally located studio must be made available to all access users on a first-come, first-served
basis. Any applicant to operate the system will be expected to demonstrate in its application how
it plans to make available the equipment, the studio, and production and technical staff.
Applicants will be given preference in the selection process for plans that will most adequately
meet these requirements. A full schedule of rates for use of equipment, studio, and technical and
production staff must be submitted. If separate rates are planned for mobile facilities, these must
be also included. Rate preference may be given to noncommercial users. Rules and procedures
established by the FCC must be followed by the user.
(b)
Hub system.
(1)
If desired by the city council and the same is reasonable, the cable system design shall
incorporate the use of a hub system with sufficient hubs to insure the quality of
reception required by the Federal Communications Commission.
(2)
The franchisee shall be required to maintain the capability for non-voice return
communications.
(c) Emergency override. The cable system shall include an “emergency alert” capability which
will permit the mayor, or the mayor’s designated representative, to override, by remote control,
the audio and/or video of all channels involved in retransmission of television broadcast
programming. The cable operator shall designate a channel which will be used for emergency
broadcasts.
(d)
(e)
Standby power.
(1)
The cable system operator shall maintain equipment capable of providing standby
powering for headend transportation and trunk amplifiers for a minimum of two (2)
hours. The equipment shall be constructed so as to automatically notify the cable
office when it is in operation and to automatically revert to the standby mode when
the AC power returns.
(2)
All utility safety regulations must be followed to prevent a standby generator from
powering the “dead” utility line, with possible injury to an unwitting lineman.
Privacy.
(1)
Use of data from subscriber. A grantee shall not initiate or use any form, procedure,
or device for procuring information or data from cable subscribers’ premises by use
of the cable system without prior valid written authorization from each subscriber so
affected. Valid authorization shall mean written approval from the subscriber for a
period of time not to exceed one (1) year, and said authorization shall not have been
obtained from the subscriber as a condition of service.
(2)
Identifying subscribers. The city or a franchisee shall not, without prior valid written
authorization from each subscriber so affected, provide any data identifying
subscribers’ names or addresses to any other party.
(3)
Procurement of information. It shall be unlawful for any firm, person, group,
company, corporation, governmental body, or agency to procure information or data
from cable subscribers’ premises by use of the cable system without prior written
authorization from each subscriber so affected. Valid authorization shall mean written
approval from a subscriber for a period of time not to exceed one (1) year and shall
not have been obtained as a condition of the grantee providing cable service to the
subscriber.
(4)
Specific authorization. No authorization for procurement or dissemination of
subscriber-identifiable information or data shall be valid unless it specifies (i) the type
or types of information or data covered, and (ii) the parties authorized to collect,
receive, store, record, transmit, or otherwise convey this information or data. Further,
all authorizations shall specify the maximum period of time that any
subscriber-identifiable information or data shall be preserved in any manner or form.
(5)
Subscriber copy required. A written copy of all subscriber-identifiable information or
data which is retained and/or disclosed and the disposition of this information or data,
together with any explanation necessary to make it understandable to the subscriber,
shall be provided to the affected subscriber within thirty (30) days of procurement.
Further disclosures shall be fully detailed in writing to the affected subscriber within
thirty (30) days of such disclosure.
(f) Antenna switch for alternative use of off-air antennas. The franchisee shall install an RF
switch upon request by a subscriber at a reasonable scheduled charge. Once a subscriber at a
reasonable scheduled charge [sic]. Once a subscriber is installed he shall be allowed to keep his
antenna.
(2001 Code, sec. 4.907)
Sec. 4.16.008
Technical standards and specifications
(a) Methods of construction, installation, and maintenance of the city’s cable television system
shall comply with the National Electrical Safety Code, National Electrical Code of 1975, and
National Bureau of Standards Handbook 81 (Part 2), National Bureau of Standards, U.S.
Department of Commerce, November 1, 1961, to the extent that such codes are consistent with
local law affecting the construction, installation, and maintenance of electric supply and
communications lines. To the extent that such code is inconsistent with other provisions of this
franchise or with local law, the latter shall govern.
(b) Any tower constructed for use in the city’s cable television system shall comply with the
standards contained in Structural Standards for Steel Antenna Towers and Antenna Supporting
Structures, EIA Standards RS-222-A, as published by the Engineering Department of the
Electronic Industries Association, 2001 I Street, N.W., Washington, D.C. 20006.
(c) Installation and physical dimensions of any tower constructed for use in the city’s cable
television system shall comply with all appropriate Federal Aviation Agency regulations,
including, but not limited to, Objectives Affecting Navigable Airspace, 14 CFR, 77.1 et seq.,
February 1965.
(d) Any antenna structure used in the city’s cable television system shall comply with
Construction Marking, and Lighting of Antenna Structures, 47 CFR 17.1 et seq., September
1967.
(e) All working facilities and conditions used during construction, installation, and
maintenance of the city’s cable television systems shall comply with the standards of the
Occupational Safety and Health Administration.
(f) The company shall comply fully with the rules and standards for cable television operations
as adopted by the Federal Communications Commission, 47 CFR, 76.601–76.613 (1972), as
amended from time to time.
(g) The company shall comply fully with the rules and regulations contained and promulgated
within this article and all other city ordinances which apply to the operation of the cable system.
(h) Stray radiation (RF leakage) shall be checked at reception locations for emergency radio
services to prove no interference signal combinations are possible. Stray radiation shall be
measured adjacent to any proposed aeronautical navigation radio sites to prove no interference to
airborne navigational reception in the normal flight patterns.
(i) As required by the FCC, the franchisee, at his expense, shall perform annual “proof of
performance” tests. If additional tests are required by the city council then the council may
choose the company or agency to conduct the test and expenses shall be paid by the franchisee in
the event said test reveals leakage.
(2001 Code, sec. 4.908)
Sec. 4.16.009
(a)
(b)
Local regulatory framework; rates; service regulations
Rebates for interruptions in service.
(1)
In the event that its service to any subscriber is interrupted for twenty-four (24)
consecutive hours, except for acts of God or other acts not the fault or negligence of
the franchisee, and except in circumstances for which the prior approval of the
interruption is obtained from the city council, the grantee shall provide a ten percent
(10%) rebate of the monthly fees to affected subscribers. Said period of time shall
begin when the subscriber affected notifies the franchisee that he has lost service.
(2)
In the event that its service to any subscriber is interrupted for forty-eight (48) or
more consecutive hours, except for acts of God, and except in circumstances for
which the prior approval of the interruption is obtained from the city council, the
grantee shall provide a twenty percent (20%) rebate of the monthly fees to affected
subscribers. Said period of time shall begin when the subscriber affected notifies the
franchisee that he has lost service.
(3)
In the event that its service to any subscriber is interrupted for seventy-two (72) or
more consecutive hours, except for acts of God, and except in circumstances for
which the prior approval of the interruption is obtained from the city council, the
grantee shall provide a hundred percent (100%) rebate of the monthly fees to the
affected subscribers. Said period of time shall begin when the subscriber affected
notifies the franchisee that he has lost service.
Security fund.
(1)
Within ten (10) days after the effective date of this contract, the franchisee shall
deposit with the city secretary, and maintain on deposit through the term of this
contract, the sum of ten thousand dollars ($10,000.00) in monies or cashier’s check,
and a performance bond in the amount of one hundred thousand dollars
($100,000.00), as security for the faithful performance by it of all the provisions of
this contract, and compliance with all orders, permits, and directions of any agency of
the city having jurisdiction over its acts or defaults under this contract, and the
payment by the franchisee of any claims, liens, and taxes due the city which arise by
reason of the construction, operation, or maintenance of the system.
(2)
Within ten (10) days after notice to it that any amount has been withdrawn from the
cash security fund deposited pursuant to subsection (1) of this subsection, the
franchisee shall pay to or deposit with the city secretary a sum of money or cashier’s
check sufficient to restore such cash security fund to the original amount.
(3)
If the franchisee fails to pay to the city any compensation within the time fixed
herein, or fails after ten (10) days’ notice to repay to the city any taxes due and
unpaid, or fails to repay to the city within ten (10) days any damages, costs, or
expenses which the city shall be compelled to pay by reason of any act or default of
the franchisee in connection with this franchise, or fails after three (3) days’ written
notice of such failure by the city manager to comply with any provision of this
contract which the city manager reasonably determines can be remedied by an
expenditure of the security, the city secretary may immediately withdraw the amount
thereof, with interest, from the security fund. Upon such withdrawal, the city
secretary shall notify the franchisee of the amount and date thereof.
(4)
The security fund deposited pursuant to this article shall become the property of the
city in the event that this contract is cancelled by reason of the default of the
franchisee. The franchisee, however, shall be entitled to the return of such security
fund, or portion thereof, as remains on deposit with the city secretary at the expiration
of the term of this contract, provided that there is then no outstanding default on the
part of the franchisee.
(5)
The rights reserved to the city with respect to the security fund are in addition to all
other rights of the city, whether reserved by this contract or authorized by law, and no
action, proceeding or exercise of a right with respect to such security fund shall affect
any other right the city may have.
(c) Construction timetables. Service shall be made available to seventy percent (70%) of the
service area within one (1) year of the date of the certificate and ninety percent (90%) of the
service area with two (2) years of the date of certificate. Additional time may be given if utility
clearance has caused reasonable delay. Upon the reasonable request for service by any person
located within the city, the company shall, within sixty (60) days, furnish service to such person.
A request for service shall be unreasonable for the purpose of this subsection if occurring within
five (5) years from the effective date of the certificate and no trunkline installation capable of
servicing that person’s block has as yet been installed, or if occurring at any time and direct
access cannot be obtained to such person’s premises and all other means of access are highly
impracticable.
(d)
Foreclosure; receivership.
(1)
Upon the foreclosure or other judicial sale of all or a substantial part of the system, or
upon the termination of any lease covering all or a substantial part of the system, the
franchisee shall notify the city of such fact, and such notification shall be treated as a
notification that a change in control of the franchisee has taken place, and the
requirements of this article governing the consent of the city council to such change
in control of the franchisee shall apply.
(2)
The city council shall have the right to cancel the franchise one hundred twenty (120)
days after the appointment of a receiver, or trustee, to take over and conduct the
business of the company, whether in receivership, reorganization, bankruptcy, or
other action or proceeding, unless such receivership or trusteeship shall have been
vacated prior to the expiration of said one hundred twenty (120) days, or unless:
(A) Within one hundred twenty (120) days after his election or appointment, such
receiver or trustee shall have fully complied with all the provisions of this
article and remedied all defaults thereunder; and
(B) Such receiver or trustee, within said one hundred twenty (120) days, shall have
executed an agreement, duly approved by the court having jurisdiction in the
matter, whereby such receiver or trustee assumes and agrees to be bound by
each and every provision of this article and the certificate granted to the
company.
(e)
Establishment of regulatory entity.
(1)
Continuing regulatory jurisdiction. The city shall have continuing regulatory
jurisdiction and supervision over the operation of any franchise granted hereunder
and may from time to time adopt such reasonable rules and regulations as it may
deem necessary for the conduct of the business contemplated thereunder.
(2)
Authority to establish CATV advisory board. The continuing regulatory jurisdiction
of the city shall be exercised by the city council. The city council shall have the
authority and appoint a CATV advisory board consisting of five (5) members who
shall serve for three (3) year terms, with such terms to be staggered. Such board’s
duration shall be at the pleasure of the council, and should such board be established
it shall advise the city council on its regulatory jurisdiction and may have the
following responsibilities and duties at the direction of the city council:
(A) Resolving disputes or disagreements between subscribers and the grantee after
an investigation should the subscriber and the grantee not first be able to resolve
their view or disagreement. Said decision or findings may be appealed to the
city council.
(B) Reviewing and auditing all reports and filings submitted to the city as required
hereunder and such other correspondence as may be submitted to the city
concerning the operation of the cable television network, and reviewing the
rules and regulations set by the grantee company.
(C) Assuring that all tariffs, rates, and rules pertinent to the operation of the CATV
system in the city are made available for inspection by the public at reasonable
hours and upon reasonable request.
(D) Reviewing rates and recommending any rate changes to the city council.
(f)
(g)
(h)
Procedure for regulation.
(1)
Any formal inquiry, proceeding, investigation, or other formal action to be taken or
proposed to be taken by the city council in regard to the operations of the company’s
cable television system, including action in regard to an increase in subscription rates,
shall be taken only after thirty (30) days’ public notice of such action or proposed
action is published in a local daily or weekly newspaper having general circulation in
the city, a copy of such action or proposed action is served directly on the company,
and the company has been given an opportunity to respond in writing and/or [at] a
hearing as may be specified by the city council, and general members of the public
have been given an opportunity to respond or comment in writing on the action or
proposed action.
(2)
The public notice required by this section shall state clearly the action or proposed
action to be taken, the time provided for response and the person or person and
authority to whom such responses should be addressed, and such other procedures as
may be specified by the CATV advisory board. If a hearing is held, public
participation will be allowed. The grantee is a necessary party to any hearing
conducted in regard to this operation.
Functions to be regulated.
(1)
A franchisee shall maintain an office in the city, which shall be open during all usual
business hours, have a publicly listed telephone, and be so operated that complaints
and requests for repairs or adjustments may be received during usual business hours
and until 9:00 p.m. Service calls shall be promptly made.
(2)
A franchisee shall maintain a repair and troubleshooting force capable of responding
to subscriber complaints or requests for service within twenty-four (24) hours after
receipt of the complaint or request. No direct charge shall be made to the subscriber
for this service.
Subscriber complaint procedure.
(1)
Subscriber notice of complaint procedures. The franchisee shall establish procedures
for receiving, acting upon, and resolving subscriber complaints to the satisfaction of
the council. The franchisee shall furnish a notice of such procedures to each
subscriber at the time of initial subscription to the system.
(2)
Complaint records. The franchisee shall maintain a written record or “log” listing the
date and time of customer complaints, identifying the subscriber and describing the
nature of the complaints and when and what action was taken by the franchisee in
response thereto; such record shall be kept at the franchisee’s local office, reflecting
the operations to date for a period of at least three (3) years, and shall be available for
inspection during regular business hours without further notice or demand by the
council.
(3)
Repetition of similar complaints.
(A) When there have been similar complaints made or where there exists other
evidence which, in the judgment of the council, casts doubt on the reliability or
quality of cable service, the council shall have the right and authority to compel
the franchisee to test, analyze, and report on the performance of the system.
Such test or tests shall be made and the reports of such test or tests shall be
delivered to the city no later than fourteen (14) days after the city formally
notifies the franchisee. Such report shall include the following information:
(i)
The nature of the complaint which precipitated the special tests.
(ii)
What system component was tested.
(iii) The equipment used and procedures employed in said testing.
(iv) The method in which such complaints were recorded.
(B) Any other information pertinent to the special test shall be recorded.
(C) Said tests and analyses shall be supervised by a professional engineer, not on
the permanent staff of the franchisee. The aforementioned engineer should sign
all records of special tests and forward to the city such records with a report
interpreting the results of the tests and recommending actions to be taken by the
city.
(D) The city’s right under this provision shall be limited to requiring tests, analyses,
and reports covering specific subjects and characteristics based on said
complaints or other evidence when and under such circumstances as the city has
reasonable grounds to believe that the complaints or other evidence require that
tests be performed to protect the public against substandard cable service.
(i) Employment requirements. A franchisee shall not deny service, deny access, or otherwise
discriminate against subscribers, channel users, or general citizens on the basis of race, color,
religion, national origin, or sex. A franchisee shall strictly adhere to the equal employment
opportunity requirements of the FCC, as expressed in sections 76.13(h) and 76.311 of chapter 1
of title 47 of the Code of Federal Regulations. The franchisee shall comply at all times with all
other applicable federal, state, city and county laws, and all executive and administrative orders
relating to nondiscrimination. A franchisee shall make a positive effort to hire racial minorities,
women and other protected groups as subcontractors if available and qualified.
(j)
Franchise fees. The franchisee shall pay, as compensation to the city, a fee of five percent
(5%) of its total quarterly gross revenues payable within thirty (30) days following the close of
each calendar quarter. Provided, however, that if and when the FCC makes provision for a larger
and increased percentage payment, then and in such event the amount to be paid to the city under
this article shall be automatically increased accordingly.
(k)
Rates.
(1)
The initial rates will be established through competitive bidding of the applicants.
Once an applicant is selected and awarded a franchise, such rates shall become the
applicable rate structure and shall be adopted by this article. Such rates shall remain
in effect and not be changed for a minimum period of two (2) years after the
franchisee’s system becomes operational.
(2)
Absent actions reassigning jurisdiction for basic subscriber service rates to some
other authority, said rates shall be subject to modification only by the council and
only in accordance with the following procedures:
(A) The franchisee may petition the council for a change in rates by filing a revised
rate schedule including justification(s) for said proposed new schedule.
(B) Within ten (10) days of notification by the council of the place and time
established for a hearing on said petition, the franchisee shall notify its
subscribers of the same day by announcement on at least two (2) channels of its
system, between the hours of 7:00 and 9:00 p.m., for five (5) consecutive days.
Following all proper notice, but in no event later than ninety (90) days from the
date of said petition, the council shall hold an appropriate public hearing to
consider the proposed new rates, at which hearing all parties desired to be heard,
including the franchisee, shall be heard on any matters relating to the
performance of this franchise, the franchisee’s services, and the proposed new
rates.
(C) Within ninety (90) days after said hearing, the council shall render a written
decision on the franchisee’s petition, either accepting, rejecting, or modifying
the same and reciting the basis of its decisions.
(D) If the council fails to act within six (6) months of the franchisee’s petition
pursuant to subsection (A) above, the franchisee shall thereafter be entitled to
put its proposed new rates into effect. However, if the city has used reasonable
diligence in its deliberations but the council determines that additional time is
needed before final action can be taken by the council on the rate increase
request, then the city shall be allowed up to an additional ninety (90) days in
which to take final action on the request. The franchisee shall not increase its
rates during the additional time period.
(E) The criteria for the council decision in such matters shall be establishment of
rates which are “fair and reasonable” to both the franchisee and its subscribers
and shall be generally defined as the minimum rates necessary to meet all
applicable cost of service, including fair return on all invested capital, all
assuming efficient and economical management.
(F)
In order for the council to determine whether proposed rate changes comport
with the criteria established in subsection (E) above, the franchisee’s petition for
a rate increase shall include the following financial reports, which shall reflect
the operations of the Watauga system only:
(i)
Balance sheet.
(ii)
Income statement.
(iii) Cash flow statement.
(iv) Statement of sources and application of funds.
(v)
Detailed supporting schedules of expenses, income, assets, and other items
as may be required.
(vi) Statement of current and projected subscribers and penetration.
The franchisee’s accounting records applicable to system shall be available for
inspection by the city at all reasonable times. The city shall have access to
records of financial transactions for the purpose of verifying burden rates or
other indirect costs prorated to the Watauga operation. The documents listed
above shall include sufficient detail and/or footnotes as may be necessary to
provide the city with the information needed to make accurate determinations as
to the financial condition of the system. All financial statements shall be
certified as accurate by an officer of the franchisee.
(G) Any disagreement between the city and the franchisee concerning interpretation
and calculations of the financial and statistical information provided by the
company may be submitted to arbitration at the request of either party pursuant
to the provisions of section 4.16.014 herein.
(l) User classes and divisions. Division of users and subscribers and the classes for purposes of
rates: Subscribers may be divided into commercial and residential classes. Nothing in this
subsection shall prohibit the reduction or waiving of charges in conjunction with promotional
campaigns for the purpose of attracting subscribers. Rates for commercial and noncommercial
users of access channels may be established separately. Nothing herein shall prohibit preferential
rates for noncommercial users if approved by the city.
(m) Advance charges and deposits. A franchisee may require subscribers to pay for each month
of basic service in advance at the beginning of each month. No other advance payment or deposit
or any kind shall be required by the franchisee for basic subscriber service. No deposit or
advance payment of any kind shall be charged for the provision of any converter without prior
approval of the city. Nothing in this subsection shall be construed to prohibit charges or waiver
of charges for initial installation or reconnection.
(n) Installation and reconnection. Except as otherwise provided elsewhere in this article, a
franchisee may make a charge to subscribers for the installation of service outlets and for the
reconnection of service outlets. The rates for such connection or reconnection shall be authorized
by the city as provided in this article.
(o) Disconnection. There shall be no charge for disconnection of any installation or outlet. If
any subscriber fails to pay a properly due monthly subscriber fee, or any other properly due fee
or charge, the franchisee may disconnect the subscriber’s service outlet; provided, however, that
such disconnection shall not be effected until thirty (30) days after the due date of said
delinquent fee or charge and shall include ten (10) days’ written notice of the intent to disconnect
delivered to the subscriber in question. If a subscriber pays within the thirty (30) days after
payment is due, a franchisee shall not disconnect. After disconnection, upon payment in full of
the delinquent fee or the payment of reconnection charge, a franchisee shall promptly reinstate a
subscriber’s cable service.
(2001 Code, sec. 4.909)
Sec. 4.16.010
Records and reports
(a) Annual report. No later than April 30 of each year a franchisee shall submit a written report
to the city in such a form satisfactory to the city council, which shall include:
(1)
A summary of the previous year’s activities and development of this system,
including but not limited to services begun or dropped, and subscriber gain or loss.
(2)
Copies of the financial statements audited by a certified public accounting firm
acceptable and approved by the city, including the franchisee’s balance sheet, income
statement, and working papers relating to subscriber accounts.
(3)
A current statement of costs of construction by component categories.
(4)
A summary of complaints, identifying the number and nature of complaints and their
disposition.
(5)
A list of officers and members of the board of the franchisee and the parent
corporation, if any.
(6)
A list of all stockholders holding three percent (3%) or more of the voting stock of a
franchisee and the parent corporation, if any.
(7)
Other information as may be requested by the council or the city manager.
(b) Filings with Federal Communication Commission. Copies of all petitions, filings, reports,
and correspondence dealing with the Watauga system filed with the Federal Communication
Commission will be filed concurrently with the city.
(2001 Code, sec. 4.910)
Sec. 4.16.011
Insurance and indemnification
(a) A grantee or franchisee seeking to operate under the authority of this article shall, prior to
the granting of a franchise for cable television operation in the city, submit for approval by the
city attorney evidence, in the form of certificates of insurance or their equivalent, including but
not limited to the following coverage and risk areas:
(1)
Workers’ compensation and employees’ liability coverage on all employees of the
franchisee as required by statute.
(2)
Comprehensive general liability coverage including a blanket contractual liability
provision and a broad form damage endorsement covering, but not limited to,
explosion, collapse, or other underground activity.
(3)
Comprehensive automobile liability coverage.
(b) The minimum limits of coverage on each of the above-described coverages, excepting
subsection (a)(1) above, shall in no event be less than one million dollars ($1,000,000.00).
(c) All insurance policies required by this article shall be so endorsed as to make the city a
named insured under such policy. Further, each policy shall be so endorsed as to require the
carrier or carriers to give not less than sixty (60) days’ notice of cancellation or nonrenewal to
the city. Such policies shall further carry an endorsement providing a waiver of any rights of
subrogation in the favor of and to the city.
(d) A grantee or franchisee operating under authority of this article shall additionally hold
harmless from and indemnify the city against all claims, suits, actions, costs, counsel fees,
expenses, damages, judgments, or decrees by reason of any person or persons or property being
damaged or injured by the franchisee or any of his subcontractors, employees, agents, vendors,
suppliers, or any capacity [sic] during the progress of the work, whether by negligence or
otherwise. Such indemnification shall be a part of the franchisee agreement.
(e) A grantee or franchisee hereunder shall upon written notice thereof by the mayor or the city
manager indemnify the city for any damage of any nature to property of the city, whether real,
personal, or mixed.
(2001 Code, sec. 4.911)
Sec. 4.16.012
of system
Use of public property; connections for public buildings; interconnection
(a) Approval of proposed construction; notice of proposed construction. A franchisee shall first
obtain the approval of the city prior to commencing construction on the streets, alleys, public
grounds, or places of the city. Applications for approval of the construction may be in a form
provided by the city. A franchisee shall give the city written notice of proposed construction at
least ten (10) days prior to such construction so as to coordinate all work between the city and
the franchisee.
(b) Permit for opening or disturbing street or public place. A franchisee shall not open or
disturb the surface of any street, sidewalk, driveway, or public place for any purpose without first
having obtained a permit to do so in a manner provided by city ordinances.
(c) Relocation or removal of poles and wires. A franchisee shall, at its expense, protect,
support, temporarily disconnect, relocate in the same street or other public place, or remove from
the street or other public place any property of the franchisee when required by the city by reason
of traffic conditions, public safety, street excavation, street construction, change of establishment
of street grade, installation of sewer, drains, water pipes, city-owned power or signal lights, and
tracks, or any other type of structure or improvement by a public agency.
(d) Pole use agreement. The franchisee’s use of existing poles or conduits belonging to the
city, or the erection or construction of new poles or conduits, shall be governed by a separate
pole use agreement.
(e) Maps of facilities; location of facilities. All wires, conduits, cables and other property and
facilities of the franchisee shall be so located, constructed, installed and maintained so as not to
endanger or unnecessarily interfere with the usual and customary trade, traffic and travel upon
the streets or public places of the city. The franchisee shall keep accurate maps and records of all
its facilities and furnish copies of such maps and records as requested by the city. A franchisee
shall not place poles or other equipment where they will interfere with the rights or reasonable
convenience of adjoining property owners, or with any gas, electric, or telephone fixtures, or
with water hydrants or mains. All poles or other fixtures placed in a street shall be placed in the
right-of-way between the roadway and the property, as specified by the city.
(f) Installation of wires and cables; underground installation. All wires, cables, amplifiers, and
other property shall be constructed and installed in an orderly and workmanlike manner. All
cables and wires shall be installed parallel with existing telephone and electric wires whenever
possible. Multiple cable configurations shall be arranged in parallel and bundled, with due
respect for engineering and safety considerations. All installations shall be underground in those
areas of the city where public utilities providing either telephone or electric service are
underground. In areas where both telephone and electric utility facilities are above ground at the
time of installation, the franchisee may install its service above ground with the understanding
that, at such time as those facilities are required to be placed underground by the city, the
franchisee shall likewise place its service underground without additional cost to the residents of
the city other than as may be granted under the provisions of this article. Where one utility is
above ground, either electric or telephone, and one is underground, the franchisee may request
from the council the right to construct its system above ground.
(g) Notice of street paving. The city shall give the franchisee reasonable notice of plans for
street improvement where paving or resurfacing of a permanent nature is involved. The notice
shall give the franchisee sufficient time to make any additions, alterations, or repairs to its
facilities as it deems necessary in advance of the actual commencement of the work, so as to
permit the franchisee to maintain continuity of service.
(h) Temporary raising or lowering of wires for building moving. The franchisee shall, on the
request of any person holding a building moving permit, temporarily raise or lower its wires to
permit the moving of said building. The expense of such temporary removal, raising or lowering
of wires shall be paid by the person requesting the same, and the franchisee shall have the
authority to require such payment in advance.
(i) Authority to trim trees. The franchisee shall have the authority to trim trees overhanging
upon streets, alleys, sidewalks, and other public places of the city so as to prevent the branches of
such trees from coming in contact with the wires and cables of the company. All trimming is to
be done under the supervision and direction of the city and at the expense of the franchisee. The
franchisee shall make every effort to preserve the aesthetic beauty and viability of any trees
trimmed. The franchisee may contract for such services; however, any firm or individual so
retained shall receive city approval prior to commencing such activity.
(j) Free connections for public buildings. Public buildings shall be connected to the cable
system at no charge. Such requests for service would be initiated by authorized local government
officials. For planning purposes, one service drop per facility should be anticipated at the civic
center, city hall, police and fire facilities, public library, and all public and parochial schools. If
more than one (1) drop is required (per facility), the charge should be based on the franchisee’s
costs of time and materials. No monthly charges should be made for providing basic subscriber
services at these public buildings.
(k) Interconnection of system. The franchisee may be required to interconnect its system with
other reasonably available broadband communications facilities. Such interconnection shall be
made within a reasonable time limit established by the FCC. The interconnection shall, at the
city’s discretion, be accomplished according to the method and technical standards determined
by the city in a manner consistent with applicable FCC standards.
(l) Removal of facilities on termination of franchise. At the expiration of the franchise term, or
upon its termination as provided for herein, the city shall have the right to require the franchisee
to remove at its own expense all portions of the cable television system from all streets within
the city and to restore said streets to their same or similar conditions immediately prior to
removing the system.
(2001 Code, sec. 4.912)
Sec. 4.16.013
(a)
Applicant selection process
Written application required; contents. No license, franchise, or renewal thereof shall be
issued except upon written application to the city council on an application form prescribed by
the city council. Such form shall contain such information as the city council may prescribe as to
the citizenship and character of the applicant and the financial, technical, and other qualifications
of the applicant to operate the system; complete information as to its principals and ultimate
beneficial owners, including, in the case of corporations, all stockholders, both nominal and
beneficial, owning one percent (1%) or more of the issued and outstanding stock, and, in the case
of incorporated associations, all members and ultimate beneficial owners, however designated;
and complete information on the extent and the quality of service, number of channels, hours of
operation, variety of programs, local coverage, safety measures, installation and subscription
fees, and such other information as the city council may deem appropriate or necessary. Such
application shall be signed by the applicant or by a duly authorized representative, evidence of
whose authority shall be submitted with the application. Each applicant shall make full
disclosure of the true ownership of the applicant and of the equipment to be employed in
rendering service and of the source of funds for the purchase, lease, rental and installation of
such equipment. Each applicant shall set forth as completely as possible the equipment to be
employed, the routes of the wires and cables, the area or areas to be served, the approximate
starting and completion dates of construction of the system and the dates services will actually be
available to the areas named. If an application form is not provided by the city, then in that event
the applicant may submit his application in a reasonable format setting forth the information as
set out above.
(b) Public notice of application. The city council shall, after the last date fixed for receipt of
the applications, cause to be published in the local newspaper of general circulation a notice of
public hearing, giving the time, date, and place of said hearings, and listing the names of the
applicants and inviting public examination of the applicant and the applications, and inviting
testimony on the qualifications of said applicants.
(c) Public hearings. Public hearings shall be conducted in accordance with standards of due
process in fairness to applicants and the public, and in accordance with the FCC rules and
regulations and orders and policies pertinent to such hearing. Each applicant will be notified of
the time and location of his application to be considered.
(2001 Code, sec. 4.913)
Sec. 4.16.014
Arbitration of disputes
(a) Board of arbitration. Any controversy or claim or disputes as to facts arising out of or
relating to this franchise agreement, or to a breach or alleged breach thereof, and expressly made
the subject of arbitration by this article, shall be referred to a board of arbitration, one member to
be appointed by the franchisee and the second member to be appointed by the city council, and
the third member to be a disinterested party appointed by agreement of the other two (2)
members.
(b) Demand for arbitration. Demand for arbitration may be made by either party on the other
by written notice sent by certified mail, return receipt requested. Notice of demand to the city
shall be served on the city secretary. Notice of demand to the franchisee shall be served upon the
president of the franchise corporation. The demand shall state the controversy or claim and the
disputes as to facts.
(c) Judicial relief for parties. On failure of either party to appoint an arbitrator within fifteen
(15) days’ notice to him of demand for arbitration, or on the failure of arbitrators selected by the
parties within fifteen (15) days after appointment of both arbitrators to select a third arbitrator,
either party may apply to the district court of the county for the appointment of an arbitrator or
arbitrators hereunder by giving notice to the other party, as provided in the Texas Rules of Civil
Procedure, as amended, governing civil actions generally.
(d) Board of arbitration hearings. The board of arbitrators shall hold a hearing on the
controversy, claim or disputes of facts stated in the demand for arbitration, which hearing shall
be within thirty (30) days after appointment of all the arbitrators, and after fifteen (15) days’
notice thereof to both parties given by the arbitrators by certified mail, return receipt requested.
The hearing may be adjourned from time to time. The board shall consider evidence offered by
the parties relevant to the controversy, claim, or disputed facts, and may swear witnesses.
Testimony shall be taken and transcribed by a reporter. The record of the hearings, the decision
of the board of arbitrators, and the dissent of any one of them shall be filed with the city council.
The decision of the board of arbitrators may be rendered by any two (2) of them, and any one of
them may render a dissent. The decision and dissent must be limited to the controversy or claim
and based on findings of fact. The decision of any two (2) of the arbitrators shall be the decision
of the board and shall be final and conclusive on both parties.
(e) Payment of expenses of arbitration. Expenses of arbitration, including, without limitation,
costs of notices and service thereof, fees of arbitrators and of witnesses, but not of legal counsel,
and the cost of taking and transcribing testimony, shall be charged against the party at fault or
proportionately between the parties as the board may deem equitable and just.
(2001 Code, sec. 4.914)
Sec. 4.16.015
Obscene material
(a) The franchisee shall comply with all federal, state, and local laws regarding obscenity, and
shall not broadcast any obscene movies or materials.
(b) If the franchisee transmits obscene programming which it has produced or acquired by sale,
lease or otherwise, the franchisee’s action may be deemed a material violation hereof, and may
subject the franchisee to franchise revocation.
(c) The CATV advisory board shall, upon the written petition of one hundred (100) registered
voting citizens, hold a public hearing on the alleged “obscene” broadcast. Notice of the public
hearing shall be given by one publication in the city’s officially designated newspaper at least ten
(10) days prior to the hearing date. After the hearing, the advisory board shall recommend to the
city council whether or not in the majority of the board’s opinion the franchisee has materially
violated its franchise.
(d) The city council shall, within one (1) month of the advisory board’s hearing, hold a public
hearing after which the council shall determine if:
(1)
There was a material violation by the franchisee; and
(2)
If the franchise should be revoked.
A vote by the council on the question of material violation and on the question of revocation
shall be by 4/5 of the full city council.
(e) Prior to each hearing, the city secretary shall notify the franchisee of said hearing, at which
hearing the franchisee shall be allowed to address the issue(s) before the advisory board and/or
the city council.
(f) If there is a finding by the council of a material violation on the part of the franchisee, the
council may vote to revoke the franchise, or impose other sanction on the franchisee as is
deemed reasonable and necessary and first agreed upon between the franchisee and the city.
(2001 Code, sec. 4.915)
Sec. 4.16.016
Severability; effective date
(a) If any section, sentence, clause or phrase of this article is held unconstitutional or void,
such unconstitutionality or voidness shall not affect the validity of the remainder of this article,
and any portions in conflict are hereby repealed. Provided, however, that in the event that the
Federal Communications Commission declares any section invalid, such section or sections will
be renegotiated by the city council and the franchisee.
(b) This article shall become effective from the date of its passage, and the city secretary is
hereby directed to cause the caption of the ordinance to be published within ten (10) days of the
date of its passage.
(2001 Code, sec. 4.916)
Sec. 4.16.017
Cable television advisory and development board
(a) There shall be and is hereby established the city cable television advisory and development
board (hereinafter referred to as “the board”). The board shall consist of seven (7) members to be
appointed by the city council. The board shall have the duties and responsibilities as set forth in
this article. This board shall succeed and replace the city cable television and advisory
committee.
Editor’s note–The number on the board was decreased from seven to five by resolution of January 22, 1990.
(b) The board shall meet on a regular basis to be established by the members. All such
meetings shall be open to the general public and shall be held in the city. All meetings of the
board shall be conducted in compliance with the requirements of the Texas Open Meetings Act,
V.T.C.A., Government Code, chapter 551, as now or hereafter amended. All meetings of the
board shall be recorded on audiotape and the original shall be submitted to the office of the city
manager following each meeting. The recording is to commence at the beginning of the meeting
and shall not be interrupted until the conclusion of the meeting. In addition to the audiotape
recording, the board shall also maintain detailed minutes of its meetings.
(c)
The powers and the duties of the board shall include but not be limited to the following:
(1)
To act in an advisory capacity to the city administration and the city council on all
matters pertaining to cable television services operated or franchised by the city.
(2)
To promote, develop and supervise a private cable channel as a hometown,
noncommercial television channel.
(3)
To solicit the cooperation and support of civic groups, public authorities and private
agencies to participate in the services of the private cable channel.
(4)
To receive and review comments, complaints or suggestions for improvements of
cable television service in the city.
(5)
To report on a periodic basis to the city council regarding the activities of the board
along with suggestions and recommendations for improvements to the cable
television service in the city.
(6)
To perform all other acts and services as shall be requested by the city council.
(d) The appointment of members to the board shall be made by the city council. Such
appointments shall be for two (2) year terms, with the even-numbered places ending their
respective terms on November 1 of the even-numbered years and the odd-numbered places
ending their respective terms on November 1 of odd-numbered years.
(e) The city council may increase or decrease the number of members to the board. Such
changes in the number of members shall be accomplished by resolution presented and adopted
by the city council. Such resolution shall include the number of members to be added or deleted
along with the effective dates of terms for such new members or deleted members.
(f) In addition to the regular members of the board, the city council shall also appoint one (1)
member of the city council to serve as an ex officio advisory member to the board. Such ex
officio member shall thereafter continue to serve until the city council appoints a designated
successor in his position.
(g)
Membership requirements and structure of the board shall be as follows:
(1)
Each member of the board shall be:
(A) A resident of the city;
(B) A qualified voter in the state and city;
(C) Not indebted to the city; and
(D) Twenty-one (21) years of age or older at the time of assuming office.
(2)
Members of the board shall serve without compensation.
(3)
The officers of the board shall include a chairman, vice-chairman, secretary and
assistant secretary. The chairman shall preside at all meetings. In the absence of the
chairman, the vice-chairman shall perform the functions of the chairman. The
secretary or assistant secretary of the board shall maintain the audiotape and minutes
of the board meetings and proceedings and shall submit the same to the office of the
city manager as required by this article. The board may recommend to the city
council the removal of any member of the board who is absent from two (2)
consecutive meetings without having notified the chairman of the board by noon of
the day of such meeting or who repeatedly demonstrates an unwillingness to
participate in the powers, duties and the functions of the board. Specific acts and
incidents demonstrating such unwillingness on the part of any member the subject of
the recommendation for removal shall be enumerated in writing and submitted to the
city council. A copy of the complaint shall be forwarded to the subject member. In
the event of a vacancy on the board, the members of the board shall recommend to
the city council a person who they believe to be qualified to serve on the board. The
city council may, for good cause shown, remove any member appointed to the board.
(2001 Code, sec. 4.917)
Sec. 4.16.018
Municipal cable channel policies adopted
The municipal cable channel policies dated April 26, 1999, as maintained on file in the office of
the city secretary, are hereby adopted. (2001 Code, art. 4.1900)
ARTICLE 4.17 OIL AND GAS WELLS lxv*
Sec. 4.17.001
Definitions
(a) For the purpose of this article, the following definitions shall apply unless the content
requires a different definition:
Abandoned well. Any well in which production casing has been run but which has not been
operated for 180 consecutive days, and any well in which no production casing has been run and
for which drilling operations have ceased for 30 consecutive days.
Approved type and approved design. Improvements, equipment or facilities of a type or design
approved by the commission, city fire department, director of public works, or technical advisor.
Blowout preventer. A mechanical, hydraulic, pneumatic or other device or combination of such
devices secured to the top of a well casing, including the valves, fittings and control mechanism
connected therewith, which can be closed around the drill pipe, or other tubular goods which
completely close the top of the casing and designed to prevent blowouts.
Building. Any enclosed structure used, designed or intended for use or occupation as a habitation
or for some purpose of trade, manufacture, ornament or use.
City attorney. The city attorney of the city.
City code. The Code of Ordinances for the city.
Commission. The state railroad commission.
Completion of drilling, redrilling and reworking. The date the work is completed for the drilling,
redrilling or reworking and the crew is released by completing their work or contract or by their
employer.
Director. The director of public works for the city.
Disposal well. Any well drilled, or intended to be drilled, including solutions and liquids
containing solids in suspension produced from any such well.
Drill site. The premises within the perimeter, as shown on the plat attached to the application for
a permit, that is used during the drilling or reworking of a well or wells located there and the
subsequent life of a well or wells or any associated operation.
Drilling. Digging or boring a new well for the purpose of exploring for, developing or producing
oil, gas or other hydrocarbons, or for the purpose of injecting gas, water or any other fluid or
substance into the earth.
Drilling equipment. The drilling rig, together with all parts of and appurtenances to such
structure, and every piece of apparatus, machinery or equipment used, erected or maintained for
use in connection with drilling.
Drilling rig. Any portable framework, tower, mast or structure that is required or used in
connection with drilling, reworking, operating, or maintaining a well for the production of oil,
gas or other hydrocarbons, together with all parts of and appurtenances to such structure,
improvement, equipment, or facility, including, but not limited to, drawworks, foundations and
sills, pump-houses, engine-houses or housings, pipe racks, postings, walkways, mud pits and
crown block.
Dwelling. A house, duplex, apartment, townhouse, condominium, manufactured home or any
other building used for residential purposes.
Exploration. Geologic or geophysical activities, including seismic surveys, related to the search
for oil, gas or other subsurface hydrocarbons.
Fire department. The fire department of the city.
Gas. Any substance, either combustible or noncombustible, which is produced in a natural state
from the earth and which maintains a gaseous or rarefied state at standard temperature and
pressure conditions, and/or the gaseous components or vapors occurring in or derived from
petroleum or natural gas.
Gas well. Any well drilled, to be drilled, or used for the intended or actual production of gas.
Lessee. A person who has acquired an oil or gas lease or sublease from the owner of the land or
minerals who has a working interest and right to explore and recover minerals from the premises
and conducts or carries on any oil or gas exploration, development and operations thereof, or a
person conducting the operation for himself or others.
Maintenance. The repair or replacement of machinery, equipment, apparatus, structure, facility
and parts thereof used in connection with drilling or drill sites, as well as any other work
necessary to reduce fire hazards or any hazards to employees, public health, safety and welfare.
Oil. Any liquid hydrocarbons, regardless of specific gravity, capable of being produced from any
well in liquid form at the well by ordinary production methods and which is not the result of
condensation of gas after it leaves the reservoir.
Oil well. Any well drilled, to be drilled, or used for the intended or actual production of liquid
petroleum or petroleum products, or for the intended or actual disposal of waste liquids,
including solutions and liquids containing solids in suspension, produced from any such well.
Operation. Construction, maintenance, or use of any installation, facility, or structure, directly or
indirectly, to carry out or facilitate one or more of the following functions: repair, reworking,
development, drilling, production, storage, processing, extraction, enhanced recovery,
stimulation, abandonment, or shipping of oil or gas, including site development.
Operation site. The area used for development and production and all operational activities
associated with oil or gas after drilling activities are complete.
Operator. Any person, whether owner, lessee or independent contractor, who is, or will be,
actually in charge and in control of the drilling, maintaining, pumping or controlling of any well,
including, without limitation, a unit operator. If the operator, as herein defined, is not the lessee
under an oil or gas lease of any premises affected by the provisions of this article, then such
lessee shall also be deemed to be an operator. In the event that there is no oil or gas lease relating
to any premises affected by this article, the owner of the fee mineral estate in the premises shall
be deemed an operator.
Outer boundary line. The exterior limits of the land included in the oil or gas lease.
Owner. A person who owns the legal or equitable title in and to the surface land.
Permit. A permit issued under this article, authorizing the drilling of an oil well or gas well or
other operations as herein defined.
Person. Both the singular and the plural, a natural person, a corporation, association, guardian,
partnership, receiver, trustee, administrator, executor, and fiduciary or representative of any kind.
Redrill. Recompletion of an existing well by deepening, plugging back or sidetrack operations
extending more than one hundred fifty (150) feet from the existing well bore.
Reworking. Recompletion or re-entry of an existing well within the existing bore hole or by
deepening or sidetrack operations which do not extend more than one hundred fifty (150) feet
from the existing well bore, or replacement of well liners or casings.
Right-of-way. The public rights-of-way including streets, easements and other property within
the city and which is dedicated to the use and benefit of the public.
Street. Any street, highway, sidewalk, alley, avenue, recessed parking area or other public
right-of-way, including the entire right-of-way.
Sump or sump pit. An earthen pit, commonly known as a mud pit, lined or unlined, for the
discharge or storage of oil or gas field wastes.
Tank. A container, covered or uncovered, used in conjunction with the drilling or production of
oil, gas or other hydrocarbons for holding or storing fluids.
Technical advisor. Such person(s) familiar with and educated in the oil and gas industry or the
law as it relates to oil and gas matters, as may be retained from time to time by the city.
Well. A hole or holes, bore or bores, to any horizon, formation, or strata, for the purpose of
producing oil, gas, liquid hydrocarbons, brine water or sulphur water, or for use as an injection
well for secondary recovery, disposal or production of oil, gas, or other hydrocarbons from the
earth.
(b) Technical or oil and gas industry words or phrases used herein and not specifically defined
herein shall have that meaning customarily attributable thereto by reasonable and prudent
operators in the oil and gas industry.
(2001 Code, sec. 4.2001)
Sec. 4.17.002
Enforcement
(a) The director of public works (hereinafter “DPW”) and the fire marshal shall enforce the
provisions of this article. The DPW shall have the authority to issue any orders or directives
required to carry out the intent and purpose of this article and its particular provisions. Failure of
any person to comply with any such order or directive shall constitute a violation of this article.
(b) The DPW and the fire marshal are authorized and directed to enforce this article and the
provisions of any permit. Whenever necessary to enforce any provision of this article or a permit,
or whenever there is reasonable cause to believe there has been a violation of this article or a
permit, the fire marshal or DPW, or their designated representative, may enter upon any property
covered by this article or a permit at any reasonable time to inspect or perform any duty imposed
by this article. If entry is refused, the city shall have recourse to every remedy provided by law
and equity to gain entry.
(c)
It shall be unlawful and an offense for any person to do the following:
(1)
Engage in any activity not permitted by the terms of a permit issued under this article;
(2)
Fail to comply with any conditions set forth in a permit issued under this article; or
(3)
Violate any provision or requirement set forth under this article.
(d) The DPW and fire marshal shall have the authority to request and receive any records,
including any records sent to the commission, logs, reports and other materials relating to the
status or condition of any well or project within the city. This material shall remain confidential
unless necessary as evidence of the violation of any of the provisions of this article. Failure of
any person to provide any such requested material shall be deemed a violation of this article.
(2001 Code, sec. 4.2002)
Sec. 4.17.003
Designation of operator’s agent
Every operator of any well shall designate for the city an agent (along with the agent’s mailing
address and telephone number) who is a resident of the state, upon whom all orders and notices
provided in this article may be served in person or by registered or certified mail. Every operator
so designating such agent shall within ten (10) days notify the city secretary in writing of any
change in such agent or such mailing address unless operations within the city are discontinued.
(2001 Code, sec. 4.2003)
Sec. 4.17.004
Technical advisor
The city may from time to time employ a technical advisor or advisors who are experienced and
educated in the oil and gas industry or the law as it pertains to oil and gas matters. The function
of such advisor(s) shall be to advise, counsel or represent the city on such matters relating to oil
and gas operations within the city, as the city may want or require, and the effect thereof, both
present and future, on the health, welfare, comfort and safety of the citizens of the city. In the
event such technical advisor(s) is employed for the purpose of advising, counseling or
representing the city relative to an operator’s unique and particular set of circumstances, case or
request relating to this article, then the cost for such services of such technical advisor(s) shall be
assessed against and paid for by such operator in addition to any fees or charges assessed
pursuant to this article. (2001 Code, sec. 4.2014)
Sec. 4.17.005
Transfer of ownership or operation
(a) Any permit issued under this article may not be transferred by the operator without the
written consent of the DPW. Any transfer must be in writing and signed by both parties. The
transferee must agree in writing to be bound by the terms and conditions of the transferred permit
and update any information as requested by the DPW. The transferee must provide current
insurance and security as required by this article. Any transfer by the operator and acceptance by
the city shall not relieve the transferring operator from any liability to the city for any activity
arising from any part of the operations prior to the transfer. By accepting a transfer, the city does
not waive any of its rights and remedies against the transferring operator.
(b) Every person who acquires any well, property or site upon which operations exist that are
subject to this article, whether by purchase, transfer, assignment, conveyance, exchange or
otherwise, shall, within ten (10) days after acquiring such well, property or site, notify the DPW
in writing of the acquisition. The notice shall contain the following:
(1)
The name and address of the person acquiring such well, property or site;
(2)
The name and location of the well;
(3)
The date of acquisition;
(4)
A description of the properties and equipment acquired; and
(5)
The name and address of any person designated to receive service of notice.
(c) The operator of any well shall notify the DPW in writing of the transfer to another operator
of such well for any purpose. Within ten (10) days after such transfer by reason of sale,
assignment, transfer, conveyance or exchange, the notice shall be given and shall contain the
following:
(1)
The name and address of the person to whom such well was sold, assigned,
transferred, conveyed or exchanged;
(2)
The name and location of the well;
(3)
The date of sale, assignment, transfer, conveyance or exchange; and
(4)
The date when possession was relinquished by the former operator.
(2001 Code, sec. 4.2013)
Sec. 4.17.006
Appeals
(a) The city manager shall have and exercise the power to hear and determine appeals where it
is alleged there is error or abuse of discretion regarding the issuance of a permit or the revocation
of any permits issued hereunder or determination of the existence of an abandoned well, as
provided by this article. Any person or entity whose application is denied by the DPW (other
than for distance requirements set out in this article) or whose permit is suspended or revoked or
whose well or equipment is deemed by the DPW to be abandoned may, within thirty (30) days of
the date of the written decision of the DPW, file an appeal to the city manager in accordance
with the following procedure:
(1)
A request for an appeal shall be in writing and shall be filed in triplicate with the city
secretary. The grounds for appeal must be set forth specifically and the error
described by the appellant.
(2)
Within ten (10) days from and after the filing of the appeal, the city secretary shall
transmit to the city manager all papers involved in the proceedings and two (2) copies
of the appeal. In addition, the city secretary shall make and transmit to the city
manager such supplementary reports as deemed necessary to present the facts and
circumstances of the case. Copies shall be mailed to the appellant ten (10) days prior
to the hearing.
(3)
Within forty-five (45) days of receipt of the records, the city manager shall schedule
an administrative appeal for hearing and give notice by mail of the time, place and
purpose thereof to the appellant and any other party who has requested in writing to
be so notified. No other notice need be provided.
(b) Appeal fees shall be required for every appeal. Refer to the fee schedule in appendix A of
this code.
(c) There shall be no appellate remedy from decisions and determinations made in connection
with a high impact permit.
(2001 Code, sec. 4.2015)
Secs. 4.17.007–4.17.040
Reserved
Division 2. Permit
Sec. 4.17.041
Required
(a) A permit shall be required for all oil, gas or other hydrocarbons production and operation
activities within the city limits. Such activities include, but are not limited to, exploration
(including seismic or geophysical), reworking, site preparation, drilling, operation, construction
of rigs or tank batteries, fracturing, pressurizing, plugging and abandonment. It shall be unlawful
for any person, acting either for himself or acting as agent, employee, independent contractor, or
servant for any person, to drill any well, assist in any way in the production or operation of any
such well, or conduct any activity related to the production of oil, gas or other hydrocarbons
without first obtaining a permit issued by the city in accordance with this article. Once a well is
completed, a new permit shall be required for all reworking, fracture stimulation, or other
operations requiring heavy equipment.
(b) When a permit has been issued for the exploration for oil and gas or for drilling, redrilling,
deepening, reworking, activating or converting of a well, such permit shall constitute sufficient
authority for exploration, drilling, operation, production, gathering or production maintenance,
repair, reworking, testing, plugging and abandonment of the well and/or any other activity
associated with mineral exploration at the site of such well.
(c) No permit shall authorize the drilling, redrilling, deepening, reworking, activating or
converting of more than one well or more than one water and/or gas repressuring or injection
facility.
(d) No abandoned well shall be activated without obtaining a permit in accordance with the
provisions of this article.
(e) No permit issued hereunder shall be valid unless utilization of the privileges granted are
commenced within one hundred eighty (180) days from and after the date of issuance of the
permit, or if, after commencement, such activity is suspended or abandoned at any time for a
period of thirty (30) consecutive days.
(f) Any permit issued pursuant to this article shall not be assigned, conveyed, sold, pledged or
transferred without the consent of the DPW. Any assignment, conveyance, sale, pledge or
transfer of any permit issued pursuant to this article without the consent of the DPW shall void
the permit.
(g) The permits required by this article are in addition to and are not in lieu of any permit
which may be required by any other provision of this code or by any other government agency.
(h) A person shall have thirty (30) days after the enactment of this article or annexation into
the city to designate an oil or gas operation as a preexisting operation by filing a survey
description and plat with the DPW.
(2001 Code, sec. 4.2004(a))
Sec. 4.17.042
Application; fee
(a) Form of application. Every application for a permit issued pursuant to this article shall be
in writing, signed by the DPW or some person duly authorized to sign on his behalf, and filed
with the DPW.
(b) Contents of application. A separate application shall be made for each exploration or well
to be drilled, redrilled, reworked, converted or activated and shall be accompanied by the
applicable permitting fee. The application shall include the following information:
(1)
The date of the application.
(2)
An accurate legal description of the property (metes and bounds, or, if applicable, lot
and block number).
(3)
The name and address of the surface owner of the property on which the well is to be
located.
(4)
The name and address of the lessee or lease owner.
(5)
The name and address of the operator, and if the operator is a corporation, limited
liability company or limited liability partnership, the state of incorporation, and if the
operator is a partnership, the names and addresses of the general partners.
(6)
The addresses of all property owners within one thousand (1,000) feet from the
exterior boundary of the proposed drill site.
(7)
A preliminary plat prepared by a duly licensed surveyor showing the exact location of
the proposed well, drill site and other facilities, including, but not limited to, tanks,
temporary and permanent roads, dikes, pipelines, compressors, separators and storage
sheds and the designation of lots, blocks or tracts owned or controlled by the operator
within the drill site with respect to the following:
(A) The boundaries of the lot or block on which the operator has secured the rights
from the owner to drill;
(B) Public access routes to and from the drill site together with traffic volumes on
such route;
(C) The location with respect to property lines, right-of-way boundaries and the
nearest public road or alley, parks, public property, buildings and dwellings or
permanent accessory structures used in connection with such dwelling or
building and fresh water wells within four hundred feet of the drill site; and
(D) The location of all churches, hospitals, schools, preschools, nurseries, or public
parks within one thousand (1,000) feet of the drill site.
(8)
The name, address and 24-hour phone number of the person to be responsible for all
operations in connection with the oil and gas exploration and the person to be notified
in case of an emergency.
(9)
Location of the compressor, compressor control or safety devices with an explanation
of operation characteristics of each.
(10) Type of well, whether oil or gas, and type of drilling and completion rigs to be used,
including height of the derrick.
(11) The total projected depth of the well and the depth at which the slant or horizontal
portion (if applicable) of the well will begin.
(12) Proposed hole size, casing program and cementing program.
(13) The exact and correct number of square feet in the drilling site over which the
operator has control of oil rights or gas rights.
(14) A description of the water source to be used during drilling and fracture stimulation
operations. Utilization of potable water from the city’s water supply shall be required.
(15) A copy of the approved commission permit to drill together with applicable
attachments and plats which are applicable to the drill and operation sites.
(16) Landscaping that meets the requirements of this article, if applicable. Each tree or
shrub removed in connection with site preparation or drilling operations shall be
replaced in a 3 to 1 ratio. Replacement trees shall be a minimum of 3" caliper.
Replacement shrubs shall be five-gallon shrubs. Replacement trees and shrubs shall
be staked, when necessary, watered and maintained for twenty-four (24) months after
planting.
(17) A copy of the stormwater pollution prevention plan as required by the Environmental
Protection Agency. A copy of the notice of intent shall be submitted to the city
department of public works three (3) days prior to the commencement of any on-site
activity.
(18) Such information necessary to demonstrate that the well will not constitute a hazard
to air navigation, including, but not limited to, a determination letter from the Federal
Aviation Administration.
(19) A copy of the determination by the state commission on environmental quality of the
depth of groundwater.
(20) Evidence of insurance and security requirements under this article.
(21) A statement, under oath, signed by the operator, or designated representative, that the
information submitted with the application is, to the best knowledge and belief of the
operator, true and correct.
(22) All required application and permit fees.
(23) An executed road maintenance agreement on a form and format prescribed by the
city.
(24) A plan for containing all stormwater on the drill site.
(c) Permit fees. Fees shall be required for the application and issuance of each permit required
pursuant to this article. Refer to the fee schedule in appendix A of this code.
(2001 Code, sec. 4.2004(b))
Sec. 4.17.043
(a)
Classifications
High impact oil or gas well permit.
(1)
Generally. A high impact oil or gas well permit shall be required if the proposed well
is to be located within six hundred (600) feet of a residence, religious institution,
public building, hospital building, school or public park. This provision applies to any
residence, religious institution, public building, hospital building, school or public
park for which a building permit has been issued on the date the application for a
permit is filed with the DPW. For the purpose of a high impact oil or gas well permit,
the measurement of the six hundred (600) feet distance shall be made from the well
bore, in a straight line, without regard to intervening structures or objects, to the
closest exterior point of the building.
(2)
Application requirements. An application for a high impact oil or gas well permit
shall include the following information:
(A) All the requirements of section 4.17.042(b).
(B) A detailed site plan that includes all the information required in section
4.17.042(b), but also includes specific details as to the projected location of the
major components of the drilling site, impacted vegetation, creeks and other
topographic features, adjacent buildings and other structures and the measured
distance from the well site to these buildings and structures, temporary and
permanent fencing and landscaping.
(C) Report by an independent registered professional engineer.
(i)
An applicant for a high impact oil or gas well permit shall submit an
independent registered professional engineer report to the city council.
Refer to the fee schedule in appendix A of this code. The report shall
address:
a.
Sound levels which the activity from the proposed drilling site will
produce.
(ii)
(3)
b.
Amount of disruption and impact to all property owners within one
thousand (1,000) feet from the exterior boundary of the proposed
drilling site.
c.
The impact to surrounding property regarding drilling operations and
ingress and egress to the proposed drilling site.
d.
Risk of fire, blowouts, explosions or other catastrophic events.
The engineer must be independent and have not less than ten (10) years’
experience as a registered professional engineer in the field of petroleum
engineering. The registered professional engineer must devote not less
than one-third (1/3) of his or her practice to the area of petroleum
engineering and petroleum engineering related practice.
Permitting procedure.
(A) Within forty-five (45) days of receipt of a complete high impact permit
application, the DPW shall cause the matter to be placed on the city council
agenda for a public hearing and give notice by mail of the time, place and
purpose thereof to the applicant and any other party who has requested in
writing to be so notified. The forty-five (45) day period shall not begin to run
until the applicant/operator has provided the DPW with a complete high impact
permit application package.
(B) At least twenty (20) days and not more than thirty (30) days prior to the date of
the public hearing before the city council for a high impact oil or gas well
permit, the operator shall notify, at the operator’s expense, each surface owner
of property, as shown by the current tax roll, within six hundred (600) feet of
the proposed well not owned by or under lease to the operator and [sic] the
hearing date and time. Such notice, as outlined below, shall be by depositing the
same, properly addressed and postage paid, in the United States mail. The
operator shall file an affidavit with the DPW showing the name and last known
address, as identified by the current tax roll, of each owner of property to whom
notice was mailed and the names of each owner of property to whom notice is
required to be given but whose address is unknown. Notice shall also be sent to
all registered neighborhood associations, if any, within one-half (1/2) mile of
the proposed drill site.
(C) At least fifteen (15) days and no more than twenty (20) days prior to the date of
the public hearing before the city council for a high impact oil or gas well
permit under this section, the operator shall publish a copy of the notice as
outlined below, at the operator’s expense, in one (1) issue of a daily newspaper
of the city for ten (10) consecutive days. An affidavit by the printer or publisher
of the newspaper indicating publication of the notice shall be filed with the
application and will be prima facie evidence of such publication. The notice
shall reads as follows:
Notice is hereby given that, acting under and pursuant to the Ordinances of the
City of Watauga, Texas, on the ______ day of ____________, 20___,
________________ filed with the Department of Public Works of the City of
Watauga, an application for a high impact oil or gas well permit to drill,
complete and operate a well for oil or gas upon property located at
____________, Tarrant County, Watauga, Texas, more particularly shown on
the map of record in Volume ____ Page ____, Plat records of ____________
County, Texas or per Tax Tract Number ______, Tarrant County, Texas. The
City Council will conduct a public hearing on the request for said permit on the
______ day of ____________, 20___ at _____ o’clock __.m. in the Watauga
City Council Chambers located at 7101 Whitley Road, Watauga, Texas.
(D) At least twenty (20) days prior to the date of the public hearing before the city
council for a high impact oil or gas well permit under this article, the operator
shall, at the operator’s expense, erect at least one (1) sign, not less than three (3)
feet by three (3) feet, upon the premises upon which a high impact gas well
permit has been requested. Where possible, the sign or signs shall be located in
a conspicuous place or places upon the property at a point or points nearest any
right-of-way, street, roadway or public thoroughfare adjacent to such property.
(i)
The sign(s) shall substantially indicate that a high impact oil or gas well
permit to drill for gas has been requested and state the date, time and place
of the public hearing, and shall further set forth that additional information
can be acquired by telephoning the applicant/operator at the number
indicated on the sign.
(ii)
The continued maintenance of any such sign(s) shall not be deemed a
condition precedent to the holding of any public hearing or to any other
official action concerning this section.
(iii) Any sign(s) shall be removed subsequent to final action by the city
council.
(E) All notice provisions contained herein shall be deemed sufficient upon
substantial compliance with this section.
(F)
After a high impact oil or gas well permit application is submitted, the DPW
shall evaluate the public impact of the proposed activity. The DPW shall
consider the proposed site and the proposed operations or drilling program and
shall prepare in writing recommended restrictions or conditions, including
minimum separation distance for drilling or other operations, special safety
equipment and procedures, recommended noise reduction levels, screening and
any other requirements the DPW deems appropriate. The written
recommendation shall be submitted to the city council for consideration prior to
the public hearing.
(G) At the public hearing and before the city council considers the merits of the
application and the recommendations of the DPW, the applicant/operator shall
provide evidence of a certificate of publication establishing timely publication
of the notice of the hearing, that timely actual notice of the hearing was given to
all persons as required by this section and that the applicant/operator has
otherwise complied with or satisfied all other requirements of this article,
including full and complete compliance with the insurance and security
requirements.
(H) The burden of proof on all matters considered in the hearing shall be upon the
applicant/operator.
(I)
The city council shall review the application and the independent professional
engineer report and other related information. The city council shall consider
the following in deciding whether to grant a high impact oil or gas well permit:
(i)
Whether the operations proposed are reasonable under the circumstances
and conditions prevailing in the area considering the particular location
and the character of the improvements located there;
(ii)
Whether the drilling of such wells would conflict with the orderly growth
and development of the city;
(iii) Whether there are other alternative well site locations;
(iv) Whether the operations proposed are consistent with the health, safety and
welfare of the public when and if conducted in accordance with the high
impact oil or gas permit conditions to be imposed;
(v)
Whether there is sufficient access for the city fire personnel and
firefighting equipment; and
(vi) Whether the impact upon the adjacent property and the general public by
operations conducted in compliance with the high impact oil or gas well
permit conditions are reasonable and justified, balancing the following
factors:
a.
The right of the owner(s) of the mineral estate to explore, develop,
and produce the minerals; and
b.
The availability of alternative drill sites.
(vii) The recommendations of the DPW.
(J)
The city council may require an increase in the distance the well is set back
from any residence, religious institution, public building, hospital building,
school or public park, or require any change in operation, plan, design, layout or
any change in the on-site and technical regulations in this article, including
fencing, screening, lighting, delivery times, noise levels, tank height, or any
other matters reasonably required by public interest.
(K) The city council may accept, reject or modify the application in the interest of
securing compliance with this article, the Code of Ordinances, and/or measures
necessary to protect the health, safety and welfare of the community.
(b)
Urban oil or gas well permit.
(1)
Generally. An urban oil or gas well permit shall be required if the proposed well is to
be located greater than six hundred (600) feet of a residence, religious institution,
public building, hospital building, school or public park. This provision applies to any
residence, religious institution, public building, hospital building, school or public
park for which a building permit has been issued on the date the application for a
permit is filed with the DPW. For the purpose of an urban oil or gas well permit, the
measurement of the six hundred (600) feet distance shall be made from the well bore,
in a straight line, without regard to intervening structures or objects, to the closest
exterior point of the building.
(2)
Notice.
(A) At least ten days prior to the date of filing of an application for an urban oil or
gas well permit with the DPW under this article, the operator shall notify, at the
expense of the operator, each owner of property within one thousand (1,000)
feet of the proposed well not owned by or under lease to the operator. Such
notice, as outlined below, shall be by depositing the same, properly addressed
and postage paid, in the United States mail. The operator shall file with the
application an affidavit showing the name and last known address, as identified
by the current tax roll, of each owner of property to whom notice was mailed,
and the names of each owner of property to whom notice is required to be given
but whose address is unknown.
(B) At least ten days prior to the date of filing of an application for an urban oil or
gas well permit under this article with the DPW, the operator shall publish a
copy of the notice as outlined below, at the expense of the operator, in each
issue of the Fort Worth Star Telegram for ten consecutive days. An affidavit by
the printer or publisher of the newspaper indicating publication of the notice
shall be filed with the application and will be prima facie evidence of such
publication. The notice shall read as follows:
A Notice is hereby given that, acting under and pursuant to the Ordinances of
the City of Watauga, Texas, on the ______ day of ____________, 20___,
________________ will file with the Director of Public Works of the City of
Watauga, an application to drill, complete and operate a well for oil or gas upon
property located at ____________ Tarrant County, Watauga, Texas, Lot No.
____, Block No. ____, City of Watauga, Texas as per map of record in Volume
____, Page ____, Plat Records of Tarrant County, Texas.
(C) At least ten days prior to the date of filing of an application for an urban oil or
gas well permit under this article with the DPW, the operator shall erect at least
one sign, not less than three feet by three feet, containing the information in the
above-quoted notice, upon the premises upon which an urban oil or gas well
permit has been requested. Where possible, the sign or signs shall be located in
a conspicuous place or places upon the property at a point or points nearest any
right-of-way, street, roadway or public thoroughfare adjacent to such property.
(i)
The sign(s) shall substantially indicate that a permit to drill for oil or gas
has been requested and shall further set forth that additional information
can be acquired by telephoning the number indicated on the sign.
(ii)
The erection and/or continued maintenance of any such sign(s) shall not
be deemed a condition precedent to any official action concerning this
article.
(iii) Any sign(s) shall be removed subsequent to final action by the DPW.
(2001 Code, sec. 4.2004(c))
Sec. 4.17.044
Provisions of article deemed incorporated in permit
By acceptance of any permit issued pursuant to this article, the operator expressly stipulates and
agrees to be bound by and comply with the provisions of this article. The terms of this article
shall be deemed to be incorporated in any permit issued pursuant to this article with the same
force and effect as if this article was set forth verbatim in such permit. (2001 Code, sec. 4.2005)
Sec. 4.17.045
Issuance
(a) It is the responsibility of the DPW to review and approve or disapprove all applications for
drilling permits based on the criteria established by this article. The DPW, within 30 days after
the filing of a completed application and remittance of all fees, insurance and security per the
requirements of this article for a permit, shall determine whether or not the application complies
in all respects with the provisions of this article.
(b) In addition to any other requirements outlined in this article, the DPW shall determine if
the proposed well to be drilled or the facility to be installed:
(1)
Is located not less than six hundred (600) feet from any occupied or unoccupied
dwelling or any other building used, or designed and intended to be used, for human
occupancy or any permanent accessory structure used in connection with any of the
same. The measurement shall be in a direct line from the closest well bore, tank
battery, well facility or equipment to the closest exterior point of the dwelling or other
subject building;
(2)
Is located not less than one thousand (1,000) feet from all hospitals, schools,
preschools, nurseries, and developed recreational amenities located in public parks,
such as, but not limited to, playgrounds and playing fields. The measurement shall be
in a direct line from the closest well bore, tank battery, well facility or equipment to
the closest exterior point of the dwelling or other subject building;
(3)
Crosses by or under any public streets or roads or is located within any of the streets
or alleys of the city; and
(4)
Is located not less than six hundred (600) feet from any fresh water well. This
distance shall be calculated from the well bore to the fresh water bore.
(c) The provisions of this section shall also apply to any dwellings or buildings for which a
permit has been issued on the date the application for a permit is filed with the DPW.
(d) If all the requirements of this article are met, the DPW shall issue a permit for the drilling
of the well or the installation of the facilities applied for.
(e) If the DPW denies a permit application for reasons other than lack of required distance as
set out above, he shall notify the operator in writing of such denial, stating the reasons for the
denial. The operator may, within thirty (30) days of the date of the written decision, cure any
deficiencies which caused the DPW to deny the permit, or file an appeal to the city manager
under the provisions outlined in this article pursuant to section 4.17.006 (appeals) of this article.
(f) If the DPW determines that all of the provisions of this article have been complied with by
the operator, but that the proposed drill site is not the required distance from dwellings,
buildings, hospitals, schools, preschools, nurseries and developed recreational amenities located
in the public parks, such as, but not limited to, playgrounds and playing fields, or any permanent
accessory structure used in connection with any of the same as required by this section in
subsection (b)(1) above, then the DPW shall notify the city manager of its determination and the
city manager shall review the request for a permit under this article.
(g)
Not less than fifteen (15) days prior to approving any permit, the DPW shall:
(1)
Notify the operator and all owners of real property as the ownership appears on the
last certified tax roll of the applicable Tarrant appraisal district within one thousand
(1,000) feet of the proposed well location. Such notice shall be served by depositing
the same, postage paid, in the United States mail;
(2)
Publish notice of the hearing at least one time in the Fort Worth Star Telegram; and
(3)
Post a sign that shall substantially indicate that a permit to drill for oil or gas has been
requested and shall further set forth that additional information can be acquired by
telephoning the number indicated thereon. The sign shall be not less than three feet by
three feet on the drill site premises or the nearest public street, road or right-of-way to
the drill site.
(4)
The erection and/or continued maintenance of any such sign shall not be deemed a
condition precedent to the holding of any public hearing or to any other official action
concerning this article.
(h) All notice provisions contained herein shall be deemed sufficient upon substantial
compliance with this section.
(i) The DPW shall review the application and any other related information. The DPW shall
consider the following in deciding whether to grant a permit:
(1)
Whether the operations proposed are reasonable under the circumstances and
conditions prevailing in the area considering the particular location and the character
of the improvements located there;
(2)
Whether the drilling of such wells would conflict with the orderly growth and
development of the city;
(3)
Whether there are other alternative well site locations;
(4)
Whether the operations proposed are consistent with the health, safety and welfare of
the public when and if conducted in accordance with the permit conditions to be
imposed;
(5)
Whether there is sufficient access for the city fire personnel and firefighting
equipment; and
(6)
Whether the impact upon the adjacent property and the general public by operations
conducted in compliance with the permit conditions are reasonable and justified,
balancing the following factors:
(A) The right of the owner(s) of the mineral estate to explore, develop, and produce
the minerals;
(B) The availability of the alternative drill sites, both presently and at other times
during the lease term; and
(C) The date of acquisition by the various owners of the surface and mineral estates.
(j) The DPW may grant such permit upon such terms and conditions as he/she determines to
be necessary to protect the public health and safety. The DPW may require changes in the
operations, plan, design, layout, fencing, screening, lighting, or other matters reasonably required
in the interest of the public, health, safety and aesthetics.
(k) In making a permit decision, the DPW shall have the power and authority to refuse any
permit to drill any well at any particular location within the city, when, by reason of such
particular location and other characteristics, the drilling of such wells at such particular location
would be injurious to the health and safety of the inhabitants in the immediate area of the city, or
to a substantial number of such inhabitants, or would not promote the orderly growth and
development of the city. Any appeal from denial of a permit application or requirements by the
DPW shall be directed to the office of the city manager specifically stating the basis and reason
for the appeal within thirty (30) days following the decision by the DPW. The city manager shall
make a determination on the appeal in accordance with the provisions of section 4.17.006 of this
article. The decision by the city manager shall be final.
(l) If the operator elects not to accept the permit under the terms and conditions imposed by
the city manager and wishes to withdraw his application, the operator must notify the DPW in
writing of such decision.
(m) No permit shall authorize the drilling, redrilling, deepening, reworking, activating or
converting of more than one (1) well.
(2001 Code, sec. 4.2006)
Sec. 4.17.046
Suspension or revocation
(a) The DPW may, by issuing written notice to the operator of the nature of the
noncompliance, suspend or revoke any permit issued under the provisions of this article upon
finding any of the following:
(b)
(1)
An operator has failed, neglected or refused to perform, comply with and abide by
any of the conditions of the permit;
(2)
An operator has failed or neglected or refused to comply with or abide by or has in
any way violated any of the provisions of this article, or of any other ordinance of the
city, or any other law, rule, order or regulation, either directly or indirectly, by reason
of or in connection with or incidental to his conduct of operations in the city;
(3)
Any of the operator’s operations or the continuance thereof upon the premises
covered by the permit are a hazard to public or private property, or to any interest of
the city, or to the lives or safety of persons; or
(4)
The operator made any willful misrepresentations of any facts in any application for
any such permit, or in any report or record required by this article to be filed or
furnished by the operator.
In the event of the failure of the operator to comply with any provisions of subsection
(a)(1), (2), (3) or (4) above, the DPW shall issue a written notice to the operator of the nature of
the noncompliance and give the operator a reasonable period of time, but not greater than eight
(8) days from the date of the notice, to correct the noncompliance. If the operator fails to correct
the noncompliance within eight (8) days from the date of the notice, the DPW may suspend or
revoke the permit pursuant to the provisions of this article.
(c) No person shall carry on any operations performed under the terms of any permit issued
under this article during any period of any permit suspension or revocation or pending a review
of the decision or order of the city in suspending or revoking a permit. The DPW shall not issue
any further permits to the operator or other person(s) for any oil and gas operations under this
article until the noncompliance is corrected. Nothing contained herein shall be construed to
prevent the necessary, diligent and bona fide efforts to cure and remedy the default or violation
for which the suspension or revocation of the permit was ordered for the safety of persons or as
required by the commission.
(d) If the operator does not cure the noncompliance within the time specified in this article, the
DPW, upon written notice to the operator, may notify the commission and request that the
commission take any appropriate action.
(e) The operator may, within thirty (30) days of the date of the decision of the DPW in writing
to suspend or revoke a permit, file an appeal to the city manager pursuant to section 4.17.006
(appeals) of this article.
(2001 Code, sec. 4.2007)
Sec. 4.17.047
Bond or letter of credit; indemnity; insurance
(a) General requirements for security instruments. Any security instrument shall require the
operator to:
(1)
Comply with the terms and conditions of this article and the permit issued hereunder.
(2)
Promptly clear the drill and operation sites of all litter, trash, waste and other
substances used, allowed, or occurring in the operations, and, after abandonment or
completion, grade, level and restore such property to the same surface conditions as
nearly as possible as existed before operations commenced.
(3)
Indemnify and hold harmless the city, its officers, agents, and employees from and
against any and all claims, losses, damages, causes of action, suits and liability of
every kind, including all expenses of litigation, court costs, and attorney’s fees, for
injury to or death of any person or for damage to any property arising out of or in
connection with the work done by the operator under a permit:
(A) Where such injuries, death or damages are caused by the operator’s sole
negligence or the joint negligence of the operator and any other person or entity;
and
(B) Regardless of whether such injuries, death or damages are caused in whole or in
part by the negligence of the operator.
(4)
Refrain from canceling such instrument without thirty (30) days’ prior written notice
to the city secretary.
(5)
Promptly pay all fines, penalties and other assessments imposed due to breach of any
terms of the permit.
(6)
Promptly restore to its former condition any public property damaged by the oil or
gas operation.
(b) Bond or irrevocable letter of credit. Prior to the issuance of a permit, the operator shall
provide the city secretary with a security instrument in the form of a bond or an irrevocable letter
of credit as follows:
(1)
Bond. A bond shall be executed by a reliable bonding or insurance institution
authorized to do business in the state, acceptable to the city. The bond shall become
effective on or before the date the permit is issued and filed with the DPW. The bond
shall remain in force and effect for at least a period of six (6) months after the
expiration of the permit term in accordance with subsection (b)(6) of this section. The
operator shall be listed as principal and the instrument shall run to the city for the
benefit of the city and all persons concerned, and shall be conditioned that the
operator will comply with the terms and regulations of this article and the city.
Evidence of the execution of a bond shall be submitted to the DPW with a copy of the
same provided to the city secretary.
(2)
Letter of credit. A letter of credit shall be issued by a reliable bank authorized to do
business in the state and shall become effective on or before the date the permit is
issued and filed with the DPW. The letter of credit shall remain in force and effect for
at least a period of six (6) months after the expiration of the permit term in
accordance with subsection (b)(6) of this section. The city shall be authorized to draw
upon such letter of credit to recover any fines or penalties assessed under this article.
Evidence of the execution of a letter of credit shall be submitted to the DPW by
submitting an original signed letter of credit from the banking institution, with a copy
of the same provided to the city secretary.
(3)
The principal amount of any security instrument shall be fifty thousand dollars
($50,000.00). If at any time, after not less than a fifteen (15) day written notice to the
operator and a public hearing, the city council shall deem any operator’s bond or
letter of credit to be insufficient for any reason, it may require the operator to increase
the amount of the bond or letter of credit.
(4)
Whenever the DPW finds that a default has occurred in the performance of any
requirement or condition imposed by this article, a written notice shall be given to the
operator. Such notice shall specify the work to be done, the estimated cost and the
period of time deemed by the DPW to be reasonably necessary for the completion of
such work. After receipt of such notice, the operator shall, within the time therein
specified, either cause or require the work to be performed, or, failing to do so, shall
pay over to the city one hundred twenty-five (125) percent of the estimated cost of
doing the work as set forth in the notice. The city shall be authorized to draw against
any irrevocable letter of credit or bond to recover such amount due from the operator.
Upon receipt of such monies, the city shall proceed by such mode as deemed
convenient to cause the required work to be performed and completed, but no liability
shall be incurred other than for the expenditure of said sum in hand. In the event that
the well has not been properly abandoned under the regulations of the commission,
such additional money may be demanded from the operator as is necessary to
properly plug and abandon the well and restore the drill site in conformity with the
regulations of this article.
(5)
In the event the operator does not cause the work to be performed and fails or refuses
to pay over to the city the estimated cost of the work to be done as set forth in the
notice, or the issuer of the security instrument refuses to honor any draft by the city
against the applicable irrevocable letter of credit or bond, the city may:
(A) Revoke the permit;
(B) Proceed to obtain compliance; or
(C) Abate the default by way of civil action against the operator, or by criminal
action against the operator, or by combination of any such methods.
(6)
When the well or wells covered by said irrevocable letters of credit or bond have been
properly abandoned in conformity with all regulations of the commission and notice
to that effect has been received by the city, or upon receipt of a satisfactory substitute,
the irrevocable letter of credit or bond issued in compliance with these regulations
shall be terminated and cancelled.
(7)
In the event that the bond or letter of credit is cancelled, such shall be communicated
immediately to the DPW, which shall revoke the permit.
(c) Insurance. In addition to the bond or letter of credit required pursuant to this article, the
operator shall carry a policy or policies of insurance issued by an insurance company or
companies authorized to do business in the state. The insurance policy or policies required and
set forth below shall provide that they shall not be cancelled without prior written notice to the
city secretary at least thirty (30) days prior to the effective date of such cancellation. In the event
such insurance policy or policies are cancelled, the permit shall terminate on such date of
cancellation and the operator’s right to operate under such permit shall immediately cease until
the operator files additional insurance certificates or written verification of insurance as provided
herein.
(1)
General requirements applicable to all policies. Such policy or policies shall be
written by a carrier with an A-:VIII or better rating in accordance with the current
Best Key Rating Guide.
(A) Only insurance carriers licensed to do business in state shall be accepted.
(B) Deductibles shall be listed on the certificate of insurance and are acceptable
only on a per-occurrence basis for property damage only.
(C) Claims-made policies will not be accepted.
(D) The city, its officials, employees, agents and officers are to be added as
“additional insured” to the general liability policy. The coverage shall contain
no special limitations on the scope of protection afforded to the operator, its
officials, employees or officers.
(E) A waiver of subrogation in favor of the operator with respect to workers’
compensation insurance must be included.
(F)
(2)
Certified copies of all insurance policies shall be furnished to the city.
Standard commercial general liability policy. Must include coverage for premises,
operations, blowout or explosion, products, completed operations, blanket contractual
liability, underground property damage, broad form property damage, independent
contractors and personal injury:
(A) Minimum combined single limit of $1,000,000.00 per occurrence for bodily
injuries and property damage;
(B) No coverage shall be deleted from the standard policy without notification of
individual exclusions being attached for review and acceptance by the city.
(3)
Standard comprehensive form of automobile liability. Must include coverage for
owned, hired and non-owned vehicles:
(A) Minimum combined single limit of $1,000,000.00 per occurrence for bodily
injury and property damage.
(B) The business auto policy must show the symbol “1” in the covered autos portion
of the liability section in item 2 of the declarations page.
(4)
Environmental impairment liability coverage.
(A) The operator shall purchase and maintain in force, for the duration of the permit,
insurance for environmental impairment liability applicable to bodily injury,
property damage, including loss of use of damaged property or of property that
has not been physically injured or destroyed; cleanup costs; and defense,
including costs and expenses incurred in the investigation, defense or settlement
of claims; all in connection with any loss arising from the insured site. Coverage
shall be maintained in an amount of at least one million dollars ($1,000,000.00)
per loss, with an annual aggregate of at least ten million dollars
($10,000,000.00).
(B) Coverage shall apply to sudden and non-sudden pollution conditions resulting
from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic
chemicals, liquids or gases, waste material or other irritants, contaminants or
pollutants.
(C) If coverage is written on a claims-made basis, the policy must provide that any
retroactive date applicable to coverage under the policy precedes the effective
date of the issuance of the permit by the city and that continuous coverage will
be maintained or an extended discovery period will be exercised from the time
that the work commences under the issuing permit.
(5)
The policy shall cover the cost of controlling a well that is out of control, and
redrilling or restoration expenses, as well as seepage and pollution damage. Damage
to property in the operator’s care, custody, and control with a sub-limit of five
hundred thousand dollars ($500,000.00) may be added.
(6)
Workers’ compensation.
(A) Employer’s liability of one hundred thousand dollars ($100,000.00) for each
accident is required.
(B) Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03
04, shall be included in this policy.
(C) Texas must appear in item 3A of the workers’ compensation coverage or item
3C must contain the following: all states except those listed in item 3A and the
states of NV, ND, OH, WA, WV, and WY.
(7)
Certificates of insurance. Certificates of insurance shall be prepared and executed by
the insurance company or its authorized agent and shall contain the provisions set out
below warranting the following:
(A) The company is licensed and admitted to do business in the state.
(B) The insurance set forth by the insurance company is underwritten on forms that
have been provided by the state department of insurance or ISO.
(C) Sets forth all endorsements and insurance coverage according to requirements
and instructions contained herein.
(D) Shall specifically set forth the notice of cancellation, termination, or change in
coverage provisions to the city.
(E) Original endorsements affecting coverage required by this section shall be
furnished with the certificates of insurance.
(d) Designation of agent to receive notice. The individual designated to receive notice shall be
a resident of the state upon whom all orders and notices provided in this article may be served in
person or by registered or certified mail. Every operator shall within ten (10) days notify the
DPW in writing of any change in such agent or mailing address unless operations in the city are
discontinued and abandonment is complete.
(e) Indemnification and express negligence provisions. Each permit issued by the city shall
include the following language:
Operator does hereby expressly release and discharge, all claims, demands, actions,
judgments, and executions which it ever had, or now have or may have, or its assigns may
have, or claim to have, against the city and/or its departments, its agents, officers, servants,
successors, assigns, sponsors, volunteers, or employees, created by, or arising out of
personal injuries, known or unknown, and injuries to property, real or personal, or in any
way incidental to or in connection with the performance of the work performed by the
Operator under a gas well permit and the Operator caused by or arising out of, that
sequence of events which occur from the Operator under the permit and work performed by
the Operator [and the Operator] shall fully defend, protect, indemnify, and hold harmless
the City of Watauga, Texas, and/or its departments, agents, officers, servants, employees,
successors, assigns, sponsors, or volunteers from and against each and every claim,
demand, or cause of action and any and all liability, damages, obligations, judgments,
losses, fines, penalties, costs, fees, and expenses incurred in defense of the City of
Watauga, Texas and/or its departments, agents, officers, servants, or employees, including,
without limitation, personal injuries and death in connection therewith, which may be made
or asserted by Operator, its agents, assigns, or any third parties on account of, arising out
of, or in any way incidental to or in connection with the performance of the work
performed by the Operator under a permit and, the Operator agrees to indemnify and hold
harmless the City of Watauga, Texas, and/or its departments, and/or its officers, agents,
servants, employees, successors, assigns, sponsors, or volunteers from any liabilities or
damages suffered as a result of claims, demands, costs, or judgments against the City
and/or its officers, agents, servants or employees, created by, or arising out of the acts or
omissions of the City of Watauga, Texas occurring on the drill site or operation site in the
course and scope of inspecting and permitting the wells INCLUDING, BUT NOT
LIMITED TO, CLAIMS AND DAMAGES ARISING IN WHOLE OR IN PART FROM
THE SOLE NEGLIGENCE OF THE CITY OF WATAUGA, TEXAS OCCURRING ON
THE DRILL SITE OR OPERATION SITE IN THE COURSE AND SCOPE OF
INSPECTING AND PERMITTING THE WELL OR WELLS. IT IS UNDERSTOOD
AND AGREED THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS AN
INDEMNITY EXTENDED BY THE OPERATOR TO INDEMNIFY AND PROTECT
THE CITY OF WATAUGA, TEXAS AND/OR ITS DEPARTMENTS, AGENTS,
OFFICERS, SERVANTS, OR EMPLOYEES FROM THE CONSEQUENCES OR THE
NEGLIGENCE OF THE CITY OF WATAUGA, TEXAS AND/OR ITS
DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES, WHETHER
THAT NEGLIGENCE IS THE SOLE OR CONTRIBUTING CAUSE OF THE
RESULTANT INJURY, DEATH, AND/OR DAMAGE. LIABILITY FOR THE SOLE
NEGLIGENCE OF THE CITY IN THE COURSE AND SCOPE OF ITS DUTY TO
INSPECT AND PERMIT THE WELL IS LIMITED TO THE MAXIMUM AMOUNT OF
RECOVERY UNDER THE TEXAS TORT CLAIMS ACT.
(2001 Code, sec. 4.2008)
Secs. 4.17.048–4.17.080
Reserved
Division 3. Operation and Technical Regulations
Sec. 4.17.081
(a)
Technical regulations
On-site requirements.
(1)
Blowout prevention. In all cases, blowout prevention equipment shall be used on all
wells being drilled or worked over or in which tubing is being changed. Protection
shall be provided to prevent blowout during oil and/or gas operations as required by
and in conformance with the requirements of this article, the commission and the
recommendations of the American Petroleum Institute. The operator must equip all
drilling wells with adequate blowout preventers, flow lines and valves commensurate
with the working pressures involved.
(2)
Compliance with applicable laws. The operator shall comply at all times with all
applicable federal, state and city requirements.
(3)
Delivery of equipment. Except in case of emergency, no materials, equipment, tools,
or pipe used for drilling or production operations shall be delivered to or removed
from the drill or operation site except between the hours of 7:00 a.m. to 7:00 p.m.,
except in the event of an emergency.
(4)
Discharges. No person shall place, deposit, discharge, or cause or permit to be placed,
deposited or discharged any oil, naphtha, drilling mud, cuttings, petroleum, asphalt,
tar, hydrocarbon substances or any refuse, including wastewater or brine, from any oil
or gas operation, or the contents of any container used in connection with any oil or
gas operation, in, into, or upon any public right-of-way, alleys, streets, lots, storm
drain, ditch or sewer, or sanitary drain or any body of water or any private property in
the city. All stormwater shall be contained on the drilling site and not discharged into
creeks, streams, the city wastewater system, roads or adjoining properly.
(5)
Drill stem testing. All open hole formation or drill stem testing shall be done during
daylight hours. Drill stem tests may be conducted only if the well effluent during the
test is produced through an adequate oil and gas separator to storage tanks and the
effluent remaining in the drill pipe at the time the tool is closed is flushed to the
surface by circulating drilling fluid down the annulus and up the drill pipe.
(6)
Dust, vibration and odors. All drilling and production operations shall be conducted
in such a manner as to minimize, so far as practicable, dust, vibration, or noxious
odors, and shall be in accordance with the best accepted practices incident to drilling
for the production of oil, gas and other hydrocarbon substances in urban areas. All
equipment used shall be constructed and operated so that vibrations, dust, odor or
other harmful or annoying substances or effects will be conducted and/or generated at
the lowest level possible under the circumstances by the operations carried on at any
drilling or production site or operations incident thereto. The site or structures thereon
shall not become dilapidated, unsightly or unsafe. Proven technological
improvements in methods of drilling and production shall be adopted as they become
available if capable of reducing factors of dust, vibration and odor.
(7)
Electric lines. All electric lines to production facilities shall be located in a manner
compatible to those already installed in the surrounding area or subdivision.
(8)
Electric motors. Only electric prime movers or motors shall be permitted for the
purpose of pumping wells. No electric power shall be generated on location. All
electrical installations and equipment shall conform to the city ordinances and the
appropriate national codes.
(9)
Emergency response plan. Prior to the commencement of any oil, gas or other
hydrocarbons production activities, the operator shall submit to the DPW an
emergency response plan establishing written procedures to minimize any hazard
resulting from drilling, completion or production of oil or gas wells. Said plan shall
use existing guidelines established by the commission, the state commission on
environmental quality, the department of transportation, the Environmental Protection
Agency, or any other state or federal regulatory agency with jurisdiction over the
operation.
(10) Painting and maintenance of equipment. All production equipment on the site shall be
painted and maintained at all times, including pumping units, storage tanks, buildings
and structures.
(11) Equipment removal. At the conclusion of any drilling, completion or reworking
operations, the drill site shall be cleaned within forty-eight (48) hours of all
equipment and machinery that is not needed to produce the well.
(12) Fire prevention; sources of ignition. Firefighting apparatus and supplies as approved
by the fire department shall be maintained on the drilling site at all times during
drilling and production operations. No refining process or any process for the
extraction of products from natural gas shall be carried on at the drill site, except that
a dehydrator and separator may be maintained on the drill site for the separation of
liquids from natural gas. All electrical equipment used, installed or maintained shall
be installed and maintained in accordance with all applicable state and municipal
regulations.
(13) Gas emission or burning restrictions. No person shall allow, cause or permit gases to
be vented into the atmosphere or to be burned by open flame except as provided by
law or as permitted by the commission. If the venting of gases into the atmosphere or
the burning of gases by open flame is authorized as provided by law or as permitted
by the commission, then such vent or open flame shall not be located closer than six
hundred (600) feet from any building not used in operations on the drilling site, and
such vent or open flame shall be screened in such a way as to minimize detrimental
effects to adjacent property owners.
(14) Grass, weeds and trash. All drill and operation sites shall be kept clear of high grass,
weeds, and combustible trash within a radius of one hundred (100) feet around any
gas or oil tank or tanks or producing wells.
(15) Lights. No person shall permit any lights located on any drill or operation site to be
directed in such a manner so that they shine directly on public roads or adjacent
property. To the extent practicable, site lighting shall be directed downward and
internally so as to avoid glare on public roads and adjacent dwellings and buildings.
(16) Muffling of exhaust. Exhaust from any internal combustion engine, stationary or
mounted on wheels, used in connection with the drilling of any well or for use on any
production equipment shall not be discharged into the open air unless it is equipped
with an exhaust muffler or mufflers or an exhaust muffler box constructed of
noncombustible materials sufficient to suppress noise and prevent the escape of
obnoxious gases, fumes or ignited carbon or soot.
(17) Noise.
(A) Specific regulations applicable to high impact oil or gas well permit.
(i)
No person shall operate or be permitted to operate, in connection with the
drilling, completing, equipping, or abandoning of a well, any engine,
compressor or motor-driven machinery of any type, or conduct any
operation in a manner, which creates a sound level greater than 78 dB(A)
when measured at a distance of not more than three hundred (300) feet
from the production equipment in question. The noise level shall be the
average of sound level meter readings taken consecutively at any given
time from four (4) or more diametrically opposite positions, four (4) feet
above ground level, within an area of not more than three hundred (300)
feet from the production equipment. A maximum sound level of 85 dB(A)
shall apply to formation fracturing when measured at a distance of not
more than three hundred (300) feet from the production equipment in
question.
(ii)
No person shall operate or be permitted to operate, in connection with the
operation of a producing well, any engine, compressor or motor-driven
machinery of any type which creates a sound level greater than 65 dB(A)
when measured at a distance of three hundred (300) feet from the well site.
The noise level shall be the average of sound level meter readings taken
consecutively at any given time from four (4) or more diametrically
opposite positions within an area of not more than three hundred (300) feet
nor less than two hundred (200) feet from the well site.
(B) Specific regulations applicable to all gas well permits.
(i)
No drilling, producing or other operations shall produce a sound level
greater than 85 dB(A) when measured at a distance of three hundred (300)
feet from the production equipment in question. The noise level shall be
the average of sound level meter readings taken consecutively at any given
time from four (4) or more diametrically opposite positions, four (4) feet
above ground level, measured at a distance of three hundred (300) feet
from the production equipment. A maximum sound level of 90 dB(A)
shall apply to formation fracturing when measured at a distance of three
hundred (300) feet from the production equipment in question.
(ii)
No person shall operate or permit to be operated, in connection with the
operation of a producing well, any engine, compressor or motor-driven
machinery of any type which creates a sound level greater than 78 dB(A)
when measured at a distance of three hundred (300) feet from the well site.
The noise level shall be the average of sound level meter readings taken
consecutively at any given time from four (4) or more diametrically
opposite positions measured at a distance of three hundred (300) feet from
the well site.
(C) Sound level measurements shall be made with a sound level meter conforming,
at a minimum, to the requirements of the American National Standards Institute.
(D) All equipment used shall be constructed and operated and all operations shall be
carried on in such a manner as to minimize the noise affecting persons in the
vicinity. Proven technological improvements shall be adopted as they become
available if capable of measurably reducing factors of noise.
(E) If sound levels exceed the dB(A) levels cited in this subsection, the DPW may
require sound-reducing mufflers.
(18) Time of operation; location of drilling.
(A) No person shall engage in any work other than drilling or fracing on the
operation site within six hundred (600) feet from a residential dwelling or one
thousand (1,000) feet from a hospital during the hours between 7:00 a.m. to
7:00 p.m., except in the following situations:
(i)
Where such work consists of minimal maintenance (including circulation
of fluids) or surveillance, on the operation site;
(ii)
In cases of fires, blowouts, explosions and any other emergencies, or
where delivery of equipment is necessary to prevent the cessation of
drilling or production; or
(iii) Where so ordered by the commission.
(B) Said distances in subsection (A) above shall be measured in a direct line from
the closest well bore, tank battery, well facility or equipment to the closest
exterior point of the dwelling or other subject building from the well bore, tank
battery, well facility or equipment to the closest exterior point of the dwelling or
other subject building.
(C) All operations other than drilling shall be conducted only during the hours of
7:00 a.m. to 7:00 p.m., except in the event of an emergency.
(D) No well shall be drilled and no permit shall be issued for any well to be drilled
at any location which is nearer than six hundred (600) feet to any fresh water
well. The measurement shall be in a direct line from the closest well bore to the
fresh water well bore.
(19) Pits. Steel mud or circulating pits shall be used. Such pits and contents shall be
removed from the premises and the drilling site within sixty (60) days after
completion of the well. No earthen pits, lined or unlined, shall be constructed, used,
or maintained in conjunction with any well within the city. This section shall apply to
all pits described as treating pits, water frac pits, overflow pits, settling pits, disposal
pits, evaporation pits, dumping pits or similar designations.
(20) Private roads. Prior to the commencement of any drilling operations, all private roads
used for access to the drill site and the drill site itself shall be surfaced with crushed
rock, gravel or ore, or oiled and maintained to prevent dust and mud. In particular
cases, these requirements governing surfacing of private roads may be altered at the
discretion of the DPW after consideration of all circumstances, including, but not
limited to, the following: distances from public streets and highways, distances from
adjoining and nearby property owners whose surface rights are not leased by the
operation, the purpose for which the property of such owners is or may be used,
topographical features, nature of the soil, and exposure to wind. All roads and
temporary roads (except those deemed necessary for routine maintenance) shall be
removed following completion of the well.
(21) Salt water disposal wells. No salt water disposal wells or salt water contaminant shall
be located within the city.
(22) Vehicle routes. Vehicles associated with drilling and/or production in excess of three
(3) tons shall be restricted to such streets designated as either truck routes or
commercial delivery routes by the Code of Ordinances wherever capable of being
used. The vehicles shall be operated on a truck route wherever capable of being used;
they shall be operated on a commercial delivery route only when it is not possible to
use a truck route or to fulfill the purpose for which such vehicle is then being
operated. Commercial delivery route means any street or highway so designated by
the city council for the use by any commercial motor vehicle, truck-tractor, trailer,
semi-trailer, or any combination thereof.
(23) Signs.
(A) A sign shall be immediately and prominently displayed at the gate on the
temporary and permanent site fencing erected pursuant to section 4.17.082 of
this article. Such sign shall be made of durable material, maintained in good
condition and, unless otherwise required by the commission, shall have a
surface area of not less than two (2) square feet nor more than four (4) square
feet and shall be lettered with the following:
(i)
Well name and number assigned to the well by the commission;
(ii)
Name of operator;
(iii) The emergency 911 number; and
(iv) Telephone numbers of two (2) persons responsible for the well who may
be contacted in case of emergency.
(B) Permanent weatherproof signs reading “DANGER NO SMOKING
ALLOWED” shall be posted immediately upon completion of the well site
fencing at the entrance of each well site and tank battery or in any other location
approved or designated by the DPW. Sign lettering shall be four (4) inches in
height and shall be red on a white background or white on a red background.
Each sign shall include the emergency notification numbers of the fire
department and the operator, and well and lease designations required by the
commission.
(24) Soil sampling. If reserve pits, completion/workover pits, drilling fluid disposal pits,
fresh makeup water pits, gas plant evaporation/retention pits, mud circulation pits,
washout pits, or water condensate pits are constructed, operated, or maintained on the
drill or well site, the DPW shall have the discretion to require the well operator to
perform a soil contamination assessment. The DPW, or its designee, also shall be
permitted to enter onto the premises of the operation and obtain any soil samples
deemed necessary.
(A) The following state-specific median background concentrations for metals shall
be used to determine contamination of existing environmental media, including,
but not limited to, soils (including non-waste fill materials), groundwater,
surface water, sediments, or a mixture of such materials with liquids, sludges,
gases, or solids, including hazardous waste which is inseparable by simple
mechanical removal processes, and is made up primarily of natural material:
Metal
Median Background
Concentration (mg/kg)
Aluminum
Antimony
Arsenic
Barium
Beryllium
Boron
Total chromium
Cobalt
Copper
Fluorine
Iron
Lead
Manganese
Mercury
Nickel
Selenium
Strontium
Tin
Titanium
Thallium
Vanadium
Zinc
30,000
1
5.9
300
1.5
30
30
7
15
190
15,000
15
300
0.04
10
0.3
100
0.9
2,000
9.3
50
30
(B) If a soil contamination assessment is required by the DPW, it shall be conducted
prior to refilling, backfilling, modifying, deactivating, or abandoning any
reserve pit, completion/workover pit, drilling fluid disposal pit, fresh makeup
water pit, gas plant evaporation/retention pit, mud circulation pit, washout pit,
or water condensate pit located on the oil and gas operation site.
(C) The soil contamination assessment shall be completed with all data, results,
documentation, and/or reports provided to the oil and gas inspector within thirty
(30) days once drilling operations have been completed and all pits have been
de-watered and inactive.
(D) The operator shall perform a soil contamination assessment through the
collection and analysis of a sufficient number of samples from environmental
media to reliably characterize the nature and degree of contaminant metals in
the drill site, as well as the horizontal and vertical extent of the contaminant
metals in soil and groundwater, which equals or exceeds the median background
concentration levels listed above.
(E) At a minimum, a soil contamination assessment shall consist of not less than
five (5) sample locations. A minimum of two (2) samples shall be taken from
within the pit and below the average water pool level. A minimum of two (2)
samples shall be taken downgrade, and, if applicable, in the direction of the
nearest surface water source from the pit. All surface water sources located
within six hundred (600) feet of the pit shall have, at a minimum, one (1)
sediment sample taken and analyzed pursuant to the median background
concentrations listed above.
(F)
In the event that soil contaminant is found in connection with drilling
operations, the operator shall be required to remove and replace said soil to
equal to or better conditions.
(25) Storage of equipment.
(A) On-site storage is prohibited. No equipment shall be stored on the drilling or
production operation site, unless it is essential to the everyday operation of the
well.
(B) Lumber, pipes, tubing and casing shall not be left on the operation site except
when drilling or well servicing operations are being conducted on the site.
(C) No vehicle or item of machinery shall be parked or stored on any street or
right-of-way, in any driveway, alley, or upon any operation site which
constitutes a fire hazard or an obstruction to or interference with fighting or
controlling fires, except that equipment which is necessary for drilling or
production operations on the site. The fire department shall be the entity that
determines whether any equipment on the site shall constitute a fire hazard.
(D) No refinery, processing, treating, or dehydrating or absorption plant of any kind
shall be constructed, established or maintained on the premises. This shall not
be deemed to exclude a conventional gas separator.
(26) Storage tanks. All tanks and permanent structures shall conform to the American
Petroleum Institute (API) specifications unless other specifications are approved by
the fire chief. Each storage tank shall be equipped with a level control device that will
automatically activate a valve to close the well in the event of excess liquid
accumulation in the tank. Tanks shall be low profile design and the top of the tanks
shall be no higher than six (6) feet above the terrain surrounding the tanks. All tanks
shall be set back pursuant to the standards of the commission and the National Fire
Protection Association, but in all cases shall be at least twenty-five (25) feet from any
public right-of-way or property line.
(27) Surface casing. Surface casing shall be run and set in full compliance with the
applicable rules and regulations of the commission. All well casings in abandoned
wells shall be cut and removed to a depth of at least ten (10) feet below the surface.
(28) Valves. Each well must have a shut-off valve to terminate the well’s production. The
fire department shall have access to the well site to enable it to close the shut-off
valve in an emergency.
(29) Waste disposal. Unless otherwise directed by the commission, all tanks used for the
storage of oil or wastewater shall conform to the following:
(A) The operator must use portable closed steel storage tanks for storing liquid
hydrocarbons. Tanks must meet the American Petroleum Institute standards,
unless other standards are approved by the DPW. The operator must construct
an earthen wall around the tanks capable of holding one and one-half times the
capacity of the tanks. All tanks must have a vent line, flame arrester, pressure
relief valve and a bursting head. All tanks must be enclosed by a metal wire
fence. No tank battery shall be within three hundred (300) feet of any dwelling
or other combustible structure.
(B) Drilling mud, cuttings, oil or liquid hydrocarbons and all other field waste
derived or resulting from or connected with the drilling, reworking or deepening
of any well shall be discharged into an above-ground lined pit. All disposals
must be in accordance with the rules of the commission and any other
appropriate local, state or federal agency.
(C) Unless otherwise directed by the commission, waste materials shall be removed
from the site and transported to an off-site disposal facility not less often than
every thirty (30) days.
(D) All waste shall be disposed of in such a manner as to comply with the air and
water pollution control regulations of the state, this article and any other
applicable ordinances of the city.
(30) Watchman. The operator must keep a watchman or security personnel on-site during
the drilling, fracture stimulation or reworking of a well when other workmen are not
on the premises.
(31) Water supply. All water or water supply utilized in connection with drilling
operations shall be from the city’s potable water supply. No water used in connection
with drilling operations shall be obtained from lakes, ponds, creeks, streams or water
wells. All water meters shall be equipped with a double check valve with the operator
bearing customary tap, wastewater and impact fees.
(32) Well setbacks.
(A) It shall be unlawful to drill any well, the center of which, at the surface of the
ground, is located:
(i)
Within fifty (50) feet from any outer boundary line;
(ii)
Within fifty (50) feet from any oil storage tank, or source of ignition;
(iii) Within one hundred (100) feet of any public street, road, highway, or
future street right-of-way or property line;
(iv) Within six hundred (600) feet of any dwelling or any other building used,
or designed and intended to be used, for human occupancy, or any
permanent accessory structure used in connection with any of the same;
(v)
Within six hundred (600) feet from hospitals, schools, pre-schools,
nurseries, and developed recreational amenities located in public parks,
such as, but not limited to, playgrounds and playing fields;
(vi) Within one hundred (100) feet of any building accessory to but not
necessary to the operation of the well; or
(vii) Within three hundred (300) feet to any fresh water well. The measurement
shall be in a direct line from the closest well bore to the fresh water well
bore.
(B) The distances set out in subsection (iii), (iv) or (v) above may be reduced at the
discretion of the DPW, but never less than three hundred (300) feet from any
dwelling or any other building used, or designed and intended to be used, for
human occupancy without the unanimous consent of the property owners within
a three hundred (300) foot radius around said well and the affirmative vote of
not less than three-fourths (3/4) of all the members of city council. For
protection of the public health, safety and welfare, the DPW may impose
additional requirements for a reduction of such distance.
(b)
Installation of pipelines on, under or across public property.
(1)
The operator shall apply to the city for a franchise agreement on, over, under, along
or across the city streets, sidewalks, alleys and other city property for the purpose of
constructing, laying, maintaining, operating, repairing, replacing and removing
pipelines so long as production or operations may be continued under any permit
issued pursuant to this article. The operator shall:
(A) Not interfere with or damage existing water, sewer or gas lines or the facilities
of public utilities located on, under or across the course of such rights-of-way.
(B) Furnish to the DPW a plat showing the location of such pipelines.
(C) Construct such lines out of pipe, in accordance with the city codes and
regulations, properly cased and vented if under a street.
(D) Grade, level and restore such property to the same surface condition, as nearly
as practicable, as existed when operations for the drilling of the well were first
commenced.
(E) Post signs designating where pipelines cross any city street, road or alley.
(2)
No permit shall be issued for any well to be drilled within any of the streets or alleys
of the city and/or projected streets or alleys shown by the current comprehensive plan
of the city, and no street or alley shall be blocked or encumbered or closed due to any
exploration, drilling or production operations unless prior consent is obtained by the
DPW. Any consent from the DPW shall be temporary in nature and state the number
of hours and/or days that any street or alley may be blocked, encumbered or closed.
(2001 Code, sec. 4.2009)
Sec. 4.17.082
Fences, walls and screening
(a) Fences and walls. Prior to the commencement of any operation, all drilling and production
sites shall be completely enclosed by a fence sufficiently high and adequately constructed to
keep persons and animals out of the enclosure. All gates are to be kept locked when the operator
or his employees are not within the enclosure. Within thirty (30) days after the production has
been established, all drilling and operation sites shall be completely enclosed by a permanent
chain-link fence, masonry wall (when required by the DPW), or other approved fencing material
according to one (1) of the following requirements:
(1)
Chain-link fences.
(A) The fence fabric shall be at least eight (8) feet in height;
(B) Support posts shall be set in concrete and shall be embedded into the ground to
a depth sufficient to maintain the stability of the fence; provided, however, so
long as stability of the fence is maintained, temporary fence posts shall not be
required to be set in concrete;
(C) The chain-link fabric shall be galvanized steel wire with a minimum plating of
one and two-tenths (1.2) ounces of zinc per square foot of surface area or shall
be coated with vinyl or plastic material, approved by the fire chief;
(D) The chain-link fence fabric shall have a minimum thickness of eleven (11)
gauge;
(E) The chain-link fabric shall be two-inch mesh; provided, however, three and
one-half inch mesh may be used on any fence where the fabric is interwoven
with artificial screening material approved by the fire chief;
(F)
Posts and rails shall be standard galvanized, welded pipe, schedule forty (40) or
thicker; provided, however, that non-galvanized drill pipe may be used if it
exceeds schedule forty (40) in thickness;
(G) All pipe and other ferrous parts, except chain-link fabric and drill pipe, shall be
galvanized inside and outside with a plating which contains a minimum of one
and two-tenths (1.2) ounces of zinc per square foot of surface area;
(H) Tension rods shall be three-eighths-inch round steel bolt stock. Adjustable
tighteners shall be turnbuckle or equivalent having a six-inch minimum take-up.
Tension bars shall have a minimum thickness of one-fourth by three-fourths
inch; and
(I)
(2)
All fences shall have security extension arms at the top of such fences and such
security extension arms shall be strung with at least two strands of galvanized
barbed wire.
Masonry walls. Masonry walls shall be required for an oil or gas well requiring a high
impact permit. Masonry walls may be required in whole or in part for other gas wells
to enclose the drilling and operation sites after production has been established. Such
decision is in the discretion of the DPW, giving deference to the location and
surrounding area to the production site. All masonry walls used to enclose in whole or
in part any drilling or production site shall be constructed in accordance with standard
engineering practices and shall meet the following specifications:
(A) The wall shall be of a design compatible with the facilities, buildings and
structures on and adjacent to the site;
(B) The wall shall be at least eight (8) feet in height and shall not exceed ten (10)
feet in height; and
(C) The wall shall be constructed in accordance with the provisions of the city codes
and specifications.
(b) Gate specifications. All chain-link fences and masonry walls shall be equipped with at least
one (1) gate. The gate shall meet the following specifications:
(1)
Each gate shall not be less then twelve (12) feet wide and be composed of two (2)
gates, each of which is not less than six (6) feet wide, or one (1) sliding gate not less
than twelve (12) feet wide. If two (2) gates are used, gates shall latch and lock in the
center of the span;
(2)
The gates shall be of chain-link construction that meets the applicable specifications,
or of other approved material that, for safety reasons, shall be at least as secure as a
chain-link fence;
(3)
The gates shall be provided with a combination catch and locking attachment device
for a padlock, and shall be kept locked except when being used for access to the site;
and
(4)
The operator must provide the director of public works with a “Knox Padlock” or
“Knox Box with a key” to access the well site, to be used only in case of an
emergency.
(c) Screening in developed areas. All wells and tanks located within six hundred (600) feet of a
dwelling or other building shall be screened by a fence enclosure of one (1) of the following
materials:
(1)
A solid masonry wall with shrubbery not less than three (3) feet in height at planting,
have the potential to grow to a mature height of a minimum of six (6) feet and plants
not less than two (2) feet or more than four (4) feet apart;
(2)
A chain-link fabric with three and one-half inch mesh interwoven with opaque slats
with shrubbery not less than four (4) feet in height and plants not less than two (2)
feet or more than four (4) apart;
(3)
Any other material, compatible with surrounding uses, which effectively screens the
site, and is approved by the DPW, with shrubbery not less than four (4) feet in height
and plants not less than two (2) feet apart; and
(4)
All fencing, masonry walls, opaque slatting, or other comparable materials for use
with chain-link fabric shall be of a solid neutral color, compatible with surrounding
uses, and maintained in a neat, orderly, secure condition. Neutral colors shall include
sand, gray and unobtrusive shades of green, blue and brown, or other neutral colors
approved by the DPW.
(2001 Code, sec. 4.2010)
Sec. 4.17.083
Cleanup and maintenance of site
(a) Cleanup after well servicing. After completion of a well or abandonment, the operator shall
clean the drill or operation site area and repair all damage to public property caused by such
operations within sixty (60) days.
(b)
Cleanup after spills, leaks and malfunctions. After any spill, leak or malfunction, the
operator shall remove or cause to be removed, to the satisfaction of the city fire chief and the
DPW, all oil and waste materials from any public or private property affected by such spill, leak
or malfunction. Cleanup operations must begin immediately. If the owner fails to begin site
cleanup within twenty-four (24) hours of the spill, leak or malfunction, the city shall have the
right, at the expense of the operator, to remove all oil and waste materials from the property
affected by such spill, leak or malfunction.
(c) Site to be kept free from debris. The property on which a well site is located shall at all
times be kept free of debris, pools of oil, water or other liquids, contaminated soil, weeds, brush,
trash or other waste material within a radius of one hundred (100) feet around any separators,
tanks and producing wells.
(d) Painting and maintenance of equipment. All production equipment shall be painted and
maintained at all times, including wellheads, pumping units, tanks, and buildings or structures.
When requiring painting of such facilities, the DPW shall consider the deterioration of the
quality of the material of which such facility or structure is constructed, the degree of rust, and
its appearance. Paint shall be of a neutral color, compatible with surrounding uses. Neutral colors
shall include sand, gray and unobtrusive shades of green, blue and brown, or other neutral colors
approved by the DPW.
(e) Blowouts. In the event of the loss of control of any well, the operator shall immediately
take all reasonable steps to regain control regardless of any other provision of this article and
shall notify the DPW as soon as practicable. The DPW shall certify in writing to the city
manager that, in his opinion, danger to persons and property exists because of such loss of well
control, and that the operator is not taking or is unable to take all reasonable and necessary steps
to regain control of such well. The DPW may then employ any well control expert or experts or
other contractors or suppliers of special services, or may incur any other expenses for labor and
material which the DPW deems necessary to regain control of such well. The city shall then have
a valid lien against the interest in the well of all working interest owners to secure payment of
any expenditure made by the city pursuant to such action of the DPW in gaining control of said
well.
(2001 Code, sec. 4.2011)
Sec. 4.17.084
Abandoned wells
(a) Generally. Whenever abandonment occurs pursuant to the requirements of the commission,
the operator so abandoning shall be responsible for the restoration of the well site to its original
condition as nearly as practicable, in conformity with the regulations of this article. In the event
production on any well has ceased for ninety (90) consecutive days, the DPW may require
plugging and abandoning of the well.
(b)
Notification. The operator shall furnish the following at the discretion of the DPW:
(1)
A copy of the approval of the commission confirming compliance with all
abandonment proceedings under the state law; and
(2)
A notice of intention to abandon under the provisions of this section and stating the
date such work will be commenced. Abandonment may then be commenced on or
subsequent to the date so stated.
(c) Surface requirements. Abandonment shall be approved by the DPW after restoration of the
drill site has been accomplished in conformity with the following requirements at the discretion
of the DPW:
(1)
The derrick and all appurtenant equipment thereto shall be removed from the drill
site;
(2)
All tanks, towers, and other surface installations shall be removed from the drill site;
(3)
All concrete foundations, piping, wood, guy anchors and other foreign materials,
regardless of depth, except surface casing, shall be removed from the site, unless
otherwise directed by the commission;
(4)
All holes and depressions shall be filled and leveled with clean, compatible soil;
(5)
All oil, waste oil, refuse or waste material shall be removed from the drill site; and
(6)
During abandonment, the operator shall comply with all applicable sections in this
article.
(d) Requirements prior to new construction. All abandoned or deserted wells or drill sites shall
meet the most current abandonment requirements of the commission prior to the issuance of any
building permit for development of the property.
(2001 Code, sec. 4.2012)
CHAPTER 5
FIRE PREVENTION AND PROTECTION
ARTICLE 5.01 GENERAL PROVISIONS
Sec. 5.01.001
Destruction of property by fire department
Whenever any structure in the city is on fire, it shall be lawful for the chief, or his designee, to
direct such structure, or other structure, fence or fences, which the chief, or his designee, clearly
deems hazardous or likely to catch fire and spread to other structures, to be removed or otherwise
destroyed for the purpose of hindering, checking, extinguishing or preventing further spread of
such fire, and the city council or any individual member thereof, nor the chief of the department,
nor any member of the department, shall in any way be held liable for the damage to property or
the destruction thereof that may occur by reason of the efforts by the department to hinder,
check, extinguish or prevent the spread of such fire. (2001 Code, sec. 5.101)
Sec. 5.01.002
Hindering fire operations
(a) During the progress of a fire within the limits of the city, and for twenty-four (24) hours
after its extinguishment, it shall be lawful for the chief of the department, or his designee, to
arrest and keep in custody all suspected persons and persons who conduct themselves in a noisy
or disorderly manner, or hinder, resist or refuse to obey any such officer while acting in the
discharge of his duty.
(b) It shall be unlawful for any person or persons not a member of said department to interfere
with or in any manner hinder any member or employee of said department in the discharge of his
duties as such.
(c) It shall be unlawful for any person or persons not a member of said department to handle or
in any way interfere with any of the apparatus belonging to or used by said department, either at
a fire or while traveling to or returning from a fire, or while standing in the department quarters,
or at any time, unless such person or persons is requested to do so by the chief or other duly
authorized officer of said department.
(2001 Code, sec. 5.102)
Sec. 5.01.003
Authority to enlist aid at fire
The chief of the department, or his designee, shall be vested with full power and authority to
command all persons present at any fire in the city to assist in the discharge of any duty under
the supervision of such chief in the extinguishment of same, or the removal and preservation of
property, provided that the persons shall not be bound to obey such officers unless the officers
shall wear their badge of office, or unless his official title be known or be made known to such
persons. (2001 Code, sec. 5.103)
Sec. 5.01.004
Fire extinguishers
Approved fire extinguishers shall be placed in all commercial property. The selection, rating,
distribution, maintenance, inspection and testing shall comply with National Fire Protection
Association Standard 10, including appendix, except portions that herein have been deleted,
modified or amended. (2001 Code, sec. 5.112)
Sec. 5.01.005
Protective signaling systems
An approved protective signaling system, when required by the Uniform Fire Code or the
authority having jurisdiction, shall comply with National Fire Protection Association Standard
72. The installation, maintenance and use of notification appliances shall comply with National
Fire Protection Association Standard 72G. Testing the protective signaling systems shall comply
with National Fire Protection Association Standard 72G. Testing the protective signaling systems
shall comply with National Fire Protection Association Standard 72H. Each of the
above-mentioned standards shall be whole including appendix, except such portions that herein
have been deleted, modified or amended. (2001 Code, sec. 5.113)
State law reference–Fire detection and alarm devices, V.T.C.A., Insurance Code (Not Codified), art. 5.43-2.
Sec. 5.01.006
Standpipe and hose systems
When the Uniform Fire Code or the authority having jurisdiction requires a standpipe system, it
shall comply with National Fire Protection Association Standard 14. The inspection, testing and
maintenance of the standpipe systems shall comply with National Fire Protection Association
Standard 14A. Each of these standards shall be whole including appendix, except such portions
that herein have been deleted, modified or amended. (2001 Code, sec. 5.114)
ARTICLE 5.02 FIRE MARSHAL
Sec. 5.02.001
Appointment and removal
Such office shall be filled by appointment of the fire chief. The fire marshal shall be properly
qualified for the duties of his office and shall be removed at any time for any reason. (2001
Code, sec. 5.104)
Sec. 5.02.002
Investigation of fires; arson unit
(a) The fire marshal shall investigate the cause, origin, and circumstances of every fire
occurring within this city by which property has been destroyed or damaged, and shall especially
make investigation as to whether such fire was the result of carelessness or design. Such
investigation shall be begun within twenty-four hours of the occurrence of such fire. The fire
marshal shall file a report of all fires, together with all facts, statistics and circumstances,
including the origin of the fires and the amount of the loss which may be determined by the
investigation.
(b) An arson unit is hereby created within the fire department. The arson unit is established as
a law enforcement agency for the city for the purpose of making investigations and enforcing
state laws and city ordinances concerning investigation into fires which the fire marshal
determines to be caused by arson. The administrative official in charge of the arson unit shall be
the fire chief and the fire chief shall be responsible for the supervision, direction, and
organization of the arson unit.
(2001 Code, sec. 5.105)
Sec. 5.02.003
Taking of testimony; duty when evidence indicates crime
The fire marshal, when in his opinion further investigation is necessary, shall take or cause to be
taken the testimony, on oath, of all persons supposed to be cognizant of any facts or to have
means of knowledge in relation to the matter under investigation, and shall cause the same to be
reduced to writing; and if he shall be of the opinion that there is evidence sufficient to charge any
person with the crime of arson, or with the attempt to commit the crime of arson, or of
conspiracy to defraud, or criminal conduct in connection with such fire, he shall cause such
person to be lawfully arrested and charged with such offense or either of them, and shall furnish
to the proper prosecuting attorney all such evidence, together with the names of witnesses and all
of the information obtained by him, including a copy of all pertinent and material testimony
taken in the case. (2001 Code, sec. 5.106)
Sec. 5.02.004
Authority to examine premises where fire has occurred
The fire marshal shall have the authority at all times of day or night, when necessary in the
performance of the duties imposed upon him by the provisions of this article, to enter upon and
examine any building or premises where any fire has occurred, and other buildings and premises
adjoining or near the same, which authority shall be exercised only with reason and good
discretion on said marshal’s part. (2001 Code, sec. 5.107)
Sec. 5.02.005
Inspections for fire hazards; order to correct dangerous conditions
The fire marshal, upon complaint of any person having an interest in any building or property
adjacent to any other property or building, and/or with or without a written complaint, shall have
a right at all reasonable hours, for the purpose of examination, to enter into and upon all
buildings and premises within the city, and make, or cause to be entered and made, a thorough
examination of all mercantile, manufacturing and public buildings, together with the premises
belonging thereto. Whenever he shall find any building or other structure which, for want or
repair, or by reason of age or dilapidated condition, or for any cause, is especially liable to fire,
and which is so situated as to endanger other buildings or property, or so occupied that fire
would endanger persons or property therein, and whenever he shall find an improper or
dangerous arrangement of stoves, ranges, furnaces or other heating appliances of any kind
whatsoever, including chimneys, flues, and pipes with which the same may be connected, or a
dangerous arrangement of lighting devices or systems, or a dangerous or unlawful storage of
explosives, compounds, petroleum, gasoline, kerosene, dangerous chemicals, vegetable products,
ashes, or combustible, inflammable and refuse materials, or other conditions which may be
dangerous in character or liable to cause or promote fire or create conditions dangerous to the
firemen or occupants, he shall order the same to be removed or remedied, and such order shall be
forthwith complied with by the owner or occupant of said building and premises. Provided,
however, that if said owner or occupant deems himself aggrieved by such order, he may, within
five (5) days after written notice of such defect is delivered, appeal to the mayor, who shall
investigate the cause of the complaint, and unless by his authority the order is revoked, such
order shall remain in force and be forthwith complied with by said owner or occupant. (2001
Code, sec. 5.108)
Sec. 5.02.006
Violations; penalty
Any person who shall violate any of the provisions of the code hereby adopted, or shall fail to
comply therewith, or shall violate or fail to comply with any order made thereunder, or shall
operate not in accordance with the provisions of any certificate, permit or approval issued
thereunder and from which no appeal has been taken, or who shall fail to comply with such order
as affirmed or modified by the fire marshal or by a court of competent jurisdiction within the
time fixed by the fire marshal or court, [shall] severally for each and every such violation and
noncompliance, respectively, be guilty of a misdemeanor, punishable by a fine as set forth in the
general penalty provision in section 1.01.009 of this code. (2001 Code, sec. 5.109)
Sec. 5.02.007
Notice required before prosecution
No prosecution shall be brought under this article until the order provided for in section 5.02.005
be given and the party notified shall fail or refuse to comply with the same within the time
allowed. (2001 Code, sec. 5.110)
Sec. 5.02.008
Continuing offenses
Every day’s maintenance of the conditions prohibited in this article shall be a distinct and
separate offense. (2001 Code, sec. 5.111)
ARTICLE 5.03 FIRE DEPARTMENT lxvi*
Sec. 5.03.001
Created
A fire department (hereinafter “the department”) for the city is hereby created and established in
order to provide for the protection of life and property in hazardous situations, for the giving of
aid, and for the suppression and prevention of fire, and to provide emergency medical services.
Any reference in the city Code of Ordinances to the department of public safety involving the
fire prevention or suppression function shall be construed as a reference to the fire department.
Sec. 5.03.002
Powers and duties of fire chief
(a) The fire chief shall be fully responsible to the city manager for the administration of the
fire department. The fire chief shall keep such records and make such reports concerning the
activities of the department as may be required by law or by the city manager. The fire chief
shall be responsible for the performance of the fire department and emergency medical services
and of its functions and shall plan and administer the municipal public safety program involving
fire prevention and suppression and emergency medical services. The chief shall be responsible
for the control and custody of all fire department and emergency medical services property and
equipment.
(b) The fire chief shall enforce the rules and regulations of the fire department and promote
discipline in the fire department. The fire chief shall have the power to suspend any subordinate
officers, members, or employees of the department for violation of such rules and regulations, as
stated in the city personnel administration and financial policies and procedures manual, as now
or hereafter amended, and the civil service rules and regulations, as now or hereafter amended.
The chief shall diligently observe the condition and workings of the fire department at all times.
In the absence of the chief, the chief’s designee, subject to approval of the city manager, shall
assume the duties of the fire chief.
(2001 Code, sec. 9.1202)
Sec. 5.03.003
Appointment and removal of fire chief
The fire chief shall be appointed by the city manager, with the approval of the city council, for an
indefinite term. The fire chief may be removed from office by the city manager, with the
approval of the city council. (2001 Code, sec. 9.1203)
Sec. 5.03.004
Duties of members
It shall be the duty of the members of the fire department to provide for the immediate response
to all fire calls and emergency medical services calls and to fight all fires and provide emergency
medical services in accordance with all current local, state, and federal regulations. Members
shall see to the care and maintenance of all firefighting and emergency medical services
equipment and have such equipment in constant workable condition at all times. Every possible
action shall be taken by the members of the fire department to eliminate fire hazards and to
provide for fire prevention methods and operations within the municipality. (2001 Code, sec.
9.1204)
Sec. 5.03.005
Compensation of members
Compensation for members of the fire department shall be set by the city council and
administered by the city manager. (2001 Code, sec. 9.1205)
Sec. 5.03.006
Appointment of members
In case of a vacancy for any cause in the department other than the chief, the chief shall appoint
some person to fill such vacancy in accordance with civil service rules. (2001 Code, sec. 9.1206)
Sec. 5.03.007
Volunteer firefighters
Volunteer firefighters shall be utilized at the complete discretion and pleasure of the fire chief.
(2001 Code, sec. 9.1207)
ARTICLE 5.04 FIRE PREVENTION CODE
Sec. 5.04.001
Adopted
There is hereby adopted by the city council, for the purpose of prescribing regulations governing
conditions hazardous to life and property from fire and explosions, that certain code known as
the International Fire Code (hereafter referred to as the “I.F.C.”), being particularly the 2003
edition thereof, and the whole thereof, including appendix, save and except such portions as are
hereinafter deleted, modified or amended, of which code not less than one (1) copy has been and
now is filed in the office of the city secretary, and the same is hereby adopted and incorporated
as fully as if set out at length herein, and from the date on which this section shall take effect the
provisions thereof shall be controlling within the limits of the city. (2001 Code, sec. 5.201)
Sec. 5.04.002
Amendments
Section 102.3 of the International Fire Code is hereby amended to read as follows:
Application of other codes. The design and construction of new structures shall comply
with this code, and other codes as applicable.
Section 202 of the International Fire Code is hereby amended to provide for the following
definitions:
Fire watch. A temporary measure intended to ensure continuous and systematic
surveillance of a building or portion thereof by one or more qualified individuals or
standby personnel when required by the fire code official, for the purposes of identifying
and controlling fire hazards, detecting early signs of unwanted fire, raising an alarm of fire
and notifying the fire department.
High-rise building. A building having any floors used for human occupancy located more
than 55 feet above the lowest level of fire department vehicle access.
Self-service storage facility. Real property designed and used for the purpose of renting or
leasing individual storage spaces to customers for the purpose of storing and removing
personal property on a self-service basis.
Standby personnel. Qualified fire service personnel, approved by the fire code official.
When utilized, the number required shall be as directed by the fire code official. Charges
for utilization shall be as normally calculated by the jurisdiction.
Section 308.3.1 of the International Fire Code is hereby amended to read as follows:
Open-flame cooking devices. Charcoal burners and other open-flame cooking devices shall
not be operated or located on combustible balconies or within 10 feet of combustible
construction.
Exceptions:
(1)
One- and two-family dwellings.
(2)
Where buildings, balconies and decks are protected by an approved automatic
sprinkler system.
Section 308.3.1.1 of the International Fire Code is hereby amended to read as follows:
Liquefied petroleum gas fueled cooking devices. When permitted as listed in the
exceptions of section 308.3.1, LP-gas containers with a water capacity greater than 2.5
pounds shall not be located on combustible balconies or within 10 feet of combustible
construction.
Exception: One- and two-family dwellings, and other residential occupancies when those
residential occupancies are in compliance with section 308.3.1, exception 42 [sic], may
have containers with a water capacity not greater than 20 pounds.
Section 405.1 of the International Fire Code is hereby amended to read as follows:
General. Emergency evacuation drills complying with the provisions of this section shall
be conducted in the occupancies listed in table 405.2 or when required by the fire code
official. Drills shall be designed in cooperation with the local authorities.
Drill frequency. Emergency evacuation drills shall be conducted at least twelve times per
year, four times per each shift.
Buildings and facilities. Approved fire apparatus access roads shall be provided for every
facility, building or portion of a building hereafter constructed or moved into or within the
jurisdiction. The fire apparatus access road shall comply with the requirements of this
section and shall extend to within 150 feet of all portions of the facility and all portions of
the exterior walls of the first story of the building as measured by an approved route around
the exterior of the building or facility. Except for single- or two-family residences, the path
of measurement shall be along a minimum of a ten-foot-wide unobstructed pathway around
the external walls of the structure.
Exception: The fire code official is authorized to increase the dimension of 150 feet where:
(1)
The building is equipped with an approved automatic sprinkler system installed in
accordance with section 903.3.1.2 or 903.3.1.3.
(2)
Fire apparatus access roads cannot be installed because of location on property,
topography, waterways, nonnegotiable grades or other similar conditions, and an
approved alternative means of fire protection is provided.
(3)
T

City of Watauga Code of Ordinances

Transcription

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