CODE OF ORDINANCES OF THE TOWN OF TROPHY CLUB, TEXAS

Transcription

CODE OF ORDINANCES
OF THE
TOWN OF TROPHY CLUB, TEXAS
As Codified By:
2435 20th Street
Lubbock, Texas 79411
806.797.8281
www.franklinlegal.net
TABLE OF CONTENTS
TROPHY CLUB CODE OF ORDINANCES
HOME RULE CHARTER ....................................................................................................... C-1
CHAPTER 1: GENERAL PROVISIONS................................................................................ 1-1
Article 1.01
Article 1.02
Article 1.03
Division 1.
Division 2.
Article 1.04
Article 1.05
Article 1.06
Article 1.07
Division 1.
Division 2.
Division 2.
Article 1.08
Division 1.
Division 2.
Division 3.
Division 4.
Part I.
Part II.
Article 1.09
Article 1.10
Division 1.
Division 2.
Part I.
Part II.
Part III.
Code of Ordinances ............................................................................................ 1-7
Administration.................................................................................................. 1-12
Town Council ................................................................................................... 1-13
Generally .......................................................................................................... 1-13
Meetings and Rules of Procedure..................................................................... 1-13
Boards, Commissions and Committees (Reserved).......................................... 1-21
Code of Ethics and Conduct ............................................................................. 1-22
Emergency Management .................................................................................. 1-36
Records ............................................................................................................. 1-39
Generally .......................................................................................................... 1-39
Records Management ....................................................................................... 1-39
Open Records ................................................................................................... 1-45
Parks and Recreation ........................................................................................ 1-45
Generally .......................................................................................................... 1-45
Parks and Recreation Board ............................................................................. 1-45
Park Regulations............................................................................................... 1-49
Trophy Club Park ............................................................................................. 1-53
In General ......................................................................................................... 1-53
Special Event Permit ........................................................................................ 1-62
Special Events .................................................................................................. 1-65
Environmental Protection................................................................................. 1-75
Generally .......................................................................................................... 1-75
Water Conservation and Drought Response..................................................... 1-75
In General ......................................................................................................... 1-75
Lawn and Landscape Irrigation Conservation.................................................. 1-75
Drought Contingency Plan ............................................................................... 1-78
CHAPTER 2: ANIMAL CONTROL........................................................................................ 2-1
Article 2.01
Article 2.02
Article 2.03
Division 1.
Division 2.
Article 2.04
General Provisions.............................................................................................. 2-7
Impoundment.................................................................................................... 2-21
Dangerous Wild Animals ................................................................................. 2-24
Generally .......................................................................................................... 2-24
Certificate of Registration ................................................................................ 2-27
Animal Shelter Advisory Board ....................................................................... 2-30
TOC-1
Trophy Club Code of Ordinances
Table of Contents
CHAPTER 3: BUILDING REGULATIONS........................................................................... 3-1
Article 3.01
Article 3.02
Article 3.03
Division 1.
Division 2.
Division 3.
Division 4.
Division 5.
Division 6.
Division 7.
Division 8.
Division 9.
Division 10.
Article 3.04
Article 3.05
Article 3.06
Article 3.07
Division 1.
Division 2.
Division 3.
Article 3.08
Division 1.
Division 2.
Division 3.
Article 3.09
Division 1.
Division 2.
Division 3.
Article 3.10
Article 3.11
Article 3.12
Article 3.13
Article 3.14
Building Official................................................................................................. 3-7
Technical and Construction Codes and Standards.............................................. 3-7
Generally ............................................................................................................ 3-7
Building Code..................................................................................................... 3-8
Residential Code............................................................................................... 3-25
Electrical Code ................................................................................................. 3-38
Mechanical Code .............................................................................................. 3-43
Plumbing Code ................................................................................................. 3-47
Energy Conservation Code............................................................................... 3-56
Property Maintenance Code ............................................................................. 3-57
Fuel Gas Code .................................................................................................. 3-58
Fire Code .......................................................................................................... 3-64
Job Site Maintenance........................................................................................ 3-87
Dangerous or Substandard Buildings ............................................................... 3-88
Roofing Requirements...................................................................................... 3-97
Swimming Pools and Spas ............................................................................... 3-98
Generally .......................................................................................................... 3-98
Permit ............................................................................................................. 3-103
Standards ........................................................................................................ 3-104
Mobile Homes, Manufactured Homes, Trailers and Similar Structures......... 3-107
Generally ........................................................................................................ 3-107
Mobile Homes and Manufactured Homes...................................................... 3-108
Storage and Occupancy of Trailers, Boats, Commercial Vehicles
and Recreational Vehicles ............................................................................ 3-109
Signs ............................................................................................................... 3-110
Generally ........................................................................................................ 3-110
Temporary Signs ............................................................................................ 3-126
Commercial and Institutional Signs ............................................................... 3-130
Apartment Complex Licensing....................................................................... 3-133
Single-Family Residence Licensing ............................................................... 3-139
Hotels.............................................................................................................. 3-145
Flood Damage Prevention .............................................................................. 3-155
Runoff Control, Erosion Control and Discharges to Storm Drainage
System .......................................................................................................... 3-171
CHAPTER 4: BUSINESS REGULATIONS............................................................................ 4-1
Article 4.01
Article 4.02
Division 1.
Division 2.
Article 4.03
Division 1.
Division 2.
Alarm Systems.................................................................................................... 4-7
Generally ............................................................................................................ 4-7
Permit ............................................................................................................... 4-12
Peddlers and Solicitors ..................................................................................... 4-15
Generally .......................................................................................................... 4-15
Commercial Solicitation................................................................................... 4-18
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Table of Contents
CHAPTER 4: BUSINESS REGULATIONS, cont’d.
Division 3.
Division 4.
Article 4.04
Division 1.
Division 2.
Division 3.
Division 4.
Article 4.05
Article 4.06
Division 1.
Division 2.
Charitable Solicitation ...................................................................................... 4-24
Religious Solicitation ....................................................................................... 4-28
Sexually Oriented Businesses........................................................................... 4-30
Generally .......................................................................................................... 4-30
License.............................................................................................................. 4-35
Location............................................................................................................ 4-40
Operational Regulations ................................................................................... 4-43
Gravel Pits and Mining Operations .................................................................. 4-46
Food Establishments......................................................................................... 4-46
Generally .......................................................................................................... 4-46
Permit ............................................................................................................... 4-55
CHAPTER 5: FIRE PREVENTION AND PROTECTION................................................... 5-1
Article 5.01
Article 5.02
Article 5.03
Division 1.
Division 2.
Fire Marshal and Arson Investigators ................................................................ 5-7
Fireworks............................................................................................................ 5-9
Generally ............................................................................................................ 5-9
Public Displays................................................................................................. 5-11
CHAPTER 6: HEALTH AND SANITATION ........................................................................ 6-1
Article 6.01
Article 6.02
Article 6.03
Emergency Medical Services ............................................................................. 6-7
Health Authority................................................................................................. 6-9
CHAPTER 7: MUNICIPAL COURT ...................................................................................... 7-1
Article 7.01
Article 7.02
Division 1.
Division 2.
Article 7.03
Municipal Court of Record 1.............................................................................. 7-7
Generally ............................................................................................................ 7-7
Judge................................................................................................................... 7-8
Fees, Costs and Special Expenses .................................................................... 7-10
CHAPTER 8: OFFENSES AND NUISANCES ....................................................................... 8-1
Article 8.01
Article 8.02
Article 8.03
Article 8.04
Article 8.05
Article 8.06
Noise................................................................................................................... 8-7
Graffiti ................................................................................................................ 8-9
Outdoor Storage or Display.............................................................................. 8-11
Weapons ........................................................................................................... 8-14
Sex Offender Residency Restrictions ............................................................... 8-16
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Table of Contents
CHAPTER 8: OFFENSES AND NUISANCES, cont’d.
Article 8.07
Article 8.08
Division 1.
Division 2.
Division 3.
Article 8.09
Restricted Smoking Materials .......................................................................... 8-19
Abandoned or Junked Vehicles ........................................................................ 8-22
Generally .......................................................................................................... 8-22
Abandoned Vehicles......................................................................................... 8-23
Junked Vehicles................................................................................................ 8-25
Weeds, Refuse or Other Objectionable Matter................................................. 8-28
CHAPTER 9: PERSONNEL ..................................................................................................... 9-1
Article 9.01
Article 9.02
Article 9.03
Article 9.04
Article 9.05
Division 1.
Division 2.
Division 3.
Response to Emergency Situations..................................................................... 9-7
Legal Defense and Indemnification.................................................................... 9-7
Texas Municipal Retirement System................................................................ 9-10
Police ................................................................................................................ 9-10
Generally .......................................................................................................... 9-10
Police Department ............................................................................................ 9-11
Police Reserve .................................................................................................. 9-12
CHAPTER 10: SUBDIVISION REGULATION................................................................... 10-1
Article 10.01
Article 10.02
Division 1.
Division 2.
Division 3.
Division 4.
Division 5.
Division 6.
Division 7.
Division 8.
Article 10.03
General Provisions............................................................................................ 10-7
Subdivision Ordinance ..................................................................................... 10-7
Generally .......................................................................................................... 10-7
Definitions ...................................................................................................... 10-10
General Plat Submittal Requirements............................................................. 10-17
Improvements Generally ................................................................................ 10-35
Specifications for Improvements.................................................................... 10-36
Enforcement ................................................................................................... 10-45
Developer’s Agreement, Financial Assurance and Construction Contracts
for Public Improvements .............................................................................. 10-47
Tree Preservation and Removal...................................................................... 10-51
Parkland Dedication and Open Space ............................................................ 10-70
CHAPTER 11: TAXATION.................................................................................................... 11-1
Article 11.01
Article 11.02
Article 11.03
Hotel Occupancy Tax ....................................................................................... 11-7
Sales and Use Tax .......................................................................................... 11-12
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Table of Contents
CHAPTER 12: TRAFFIC AND VEHICLES ........................................................................ 12-1
Article 12.01
Article 12.02
Division 1.
Division 2.
Article 12.03
Division 1.
Division 2.
Article 12.04
Article 12.05
Division 1.
Division 2.
Article 12.06
Article 12.07
Traffic-Control Devices.................................................................................. 12-11
Generally ........................................................................................................ 12-11
Locations ........................................................................................................ 12-14
Operation of Vehicles..................................................................................... 12-28
Generally ........................................................................................................ 12-28
Speed Regulations .......................................................................................... 12-28
Parking............................................................................................................ 12-30
Commercial Vehicles ..................................................................................... 12-35
Generally ........................................................................................................ 12-35
Overweight Vehicles ...................................................................................... 12-35
Motor-Assisted Scooters, Mini-Motorbikes and Pocket Bikes ...................... 12-40
Motorized Carts .............................................................................................. 12-42
CHAPTER 13: UTILITIES..................................................................................................... 13-1
Article 13.01
Article 13.02
Division 1.
Division 2.
Article 13.03
Division 1.
Division 2.
Article 13.04
Solid Waste....................................................................................................... 13-7
Generally .......................................................................................................... 13-7
Scavenging Refuse ......................................................................................... 13-12
Stormwater Drainage Utility .......................................................................... 13-13
Generally ........................................................................................................ 13-13
Fees................................................................................................................. 13-15
Management of Public Right-of-Way Used by Utility Providers................... 13-21
CHAPTER 14: ZONING ......................................................................................................... 14-1
Article 14.01
Article 14.02
Division 1.
Division 2.
Division 3.
Division 4.
Division 5.
Division 6.
Division 7.
Division 8.
Division 9.
Article 14.03
Division 1.
Division 2.
Zoning Ordinance............................................................................................. 14-7
Generally .......................................................................................................... 14-7
Definitions ...................................................................................................... 14-10
Establishment of Districts............................................................................... 14-28
District Regulations ........................................................................................ 14-33
Supplementary District Regulations............................................................... 14-95
Conditional and Specific Uses...................................................................... 14-139
Development and Design Standards............................................................. 14-145
Administration and Enforcement.................................................................. 14-166
Illustrations ................................................................................................... 14-176
Oil and Gas Wells......................................................................................... 14-181
Generally ...................................................................................................... 14-181
Drilling and Production Standards ............................................................... 14-183
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Table of Contents
APPENDIX A: Fee Schedule ...................................................................................Appendix A-1
APPENDIX B: Code Comparative Table...............................................................Appendix B-1
APPENDIX C: Ordinance Disposition Table ........................................................Appendix C-1
INDEX ......................... ................................................................................................................I-1
TOC-6
HOME RULE
CHARTER
Article I. Form of Government & Boundaries........................................................................ C-7
1.01 Incorporation, Corporate Name .............................................................................C-7
1.02 Form of Government .............................................................................................C-7
1.03 Boundaries .............................................................................................................C-7
1.04 Annexation.............................................................................................................C-7
1.05 Disannexation ........................................................................................................C-8
Article II. Powers of the Town.................................................................................................. C-8
2.01 Enumerated Powers Not Exclusive........................................................................C-8
2.02 Eminent Domain....................................................................................................C-8
2.03 Power to Acquire Property Inside and Outside the Town for Any
Lawful Purposes ..................................................................................................C-9
Article III. The Council............................................................................................................. C-9
3.01 Number, Selection, Term.......................................................................................C-9
3.02 Qualifications.........................................................................................................C-9
3.03 Number, Selection, Term, Council Judge of Election of Members.....................C-10
3.04 Vacancies, Forfeiture of Office, Filling of Vacancies .........................................C-10
3.05 Compensation ......................................................................................................C-11
3.06 Mayor...................................................................................................................C-11
3.07 Mayor Pro-Tem ...................................................................................................C-11
3.08 Powers of the Council..........................................................................................C-12
3.09 Meetings of the Council.......................................................................................C-13
3.10 Special Meetings..................................................................................................C-14
3.11 Rules of the Council ............................................................................................C-14
3.12 Quorum ................................................................................................................C-14
3.13 Interference in Town Manager Appointments and Removals or Duties .............C-14
3.14 Action Requiring an Ordinance ...........................................................................C-15
3.15 Form of Ordinances .............................................................................................C-15
3.16 Procedure for Enacting Ordinances and Resolutions; Publications.....................C-15
3.17 Emergency Ordinances ........................................................................................C-16
3.18 Bonds for Employees...........................................................................................C-16
3.19 Investigative Powers of the Council ....................................................................C-17
3.20 Conflict of Interest and Abstention......................................................................C-17
3.21 Indemnification of Officers .................................................................................C-17
3.22 Term Limits .........................................................................................................C-17
Article IV. Administrative Services ....................................................................................... C-18
4.01 Administrative Departments ................................................................................C-18
4.02 Town Manager - Appointment and Qualifications ..............................................C-18
4.03 Compensation ......................................................................................................C-18
4.04 Term and Removal ..............................................................................................C-18
4.05 Powers and Duties ...............................................................................................C-19
4.06 Acting Town Manager .........................................................................................C-20
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Home Rule Charter
4.07 Town Secretary....................................................................................................C-20
4.08 Duties of the Town Secretary ..............................................................................C-20
4.09 Compensation ......................................................................................................C-21
4.10 Municipal Court...................................................................................................C-21
4.11 Judge of Court......................................................................................................C-21
4.12 Clerk of the Court ................................................................................................C-21
4.13 Fines.....................................................................................................................C-21
4.14 Town Attorney - Appointment & Qualifications.................................................C-22
4.15 Professional Services ...........................................................................................C-22
4.16 Town Boards, Commissions and Corporations ...................................................C-22
4.17 Personal Financial Interest...................................................................................C-22
4.18 Accepting Gifts, Etc.............................................................................................C-23
Article V. Nominations and Elections.................................................................................... C-23
5.01 Elections ..............................................................................................................C-23
5.02 Regulation of Elections........................................................................................C-25
5.03 Special Elections..................................................................................................C-25
5.04 Filing for Office...................................................................................................C-25
5.05 The Official Ballot ...............................................................................................C-26
5.06 Canvassing and Election Results .........................................................................C-26
5.07 Notification of Town Officers .............................................................................C-26
5.08 Oath of Office ......................................................................................................C-26
Article VI. Recall ..................................................................................................................... C-26
6.01A Scope of Recall ....................................................................................................C-26
6.02 Petition for Recall ................................................................................................C-27
6.03 Form of Recall and Oath......................................................................................C-27
6.04 Procedure After Filing Petition for Recall ...........................................................C-28
6.05 Public Notice .......................................................................................................C-29
6.06 Official Ballot ......................................................................................................C-29
6.07 Recall Petition Prohibited ....................................................................................C-29
6.08 Refusal of Recall Petition ....................................................................................C-29
Article VII. Legislation By The People, Initiative and Referendum................................... C-30
7.01 Initiative Generally ..............................................................................................C-30
7.02 Petition.................................................................................................................C-30
7.03 Referendum..........................................................................................................C-30
7.04 Voluntary Submission of Legislation by the Council..........................................C-31
7.05 Form of Ballots ....................................................................................................C-31
7.06 Publication of Proposed and Referred Ordinances ..............................................C-31
7.07 Adoption of Ordinances.......................................................................................C-31
7.08 Inconsistent Ordinances.......................................................................................C-31
7.09 Ordinances Passed by Popular Vote: Repeal or Amendment ..............................C-31
7.10 Further Regulations by Council...........................................................................C-32
Article VIII. Municipal Planning and Zoning ...................................................................... C-32
8.01 State Law Adopted - Zoning................................................................................C-32
8.02 State Law Adopted - Subdivision Regulation......................................................C-32
8.03 The Planning and Zoning Commission................................................................C-32
8.04 Purpose, Objective, Power and Duties.................................................................C-33
8.05 Board of Adjustment............................................................................................C-34
8.06 Comprehensive Master Plan ................................................................................C-34
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Home Rule Charter
Article IX. Budget, Finance and Taxation............................................................................. C-34
9.01 Fiscal Year ...........................................................................................................C-34
9.02 Submission...........................................................................................................C-35
9.03 Budget Message...................................................................................................C-35
9.04 Budget..................................................................................................................C-35
9.05 Council Action on Budget ...................................................................................C-36
9.06 Amendment after Adoption .................................................................................C-37
9.07 Administration and Fiduciary Oversight of the Budget.......................................C-38
9.08 Capital Program ...................................................................................................C-38
9.09 Audit and Examination of Town Books and Accounts .......................................C-39
9.10 Defect Shall Not Invalidate Tax Levy .................................................................C-39
9.11 Public Records .....................................................................................................C-39
9.12 Specified Reserve Fund .......................................................................................C-40
9.13 Changes in Budget...............................................................................................C-40
9.14 Authority to Incur Indebtedness ..........................................................................C-40
9.15 Bonds Incontestable.............................................................................................C-40
9.16 Borrowing in Anticipation of Property Tax.........................................................C-40
9.17 Use of Bond Funds ..............................................................................................C-41
9.18 Power to Tax........................................................................................................C-41
9.19 Tax Rate...............................................................................................................C-41
9.20 Other Rules and Regulations ...............................................................................C-41
Article X. Franchises and Public Utilities.............................................................................. C-41
10.01 Inalienability of Control of Public Property ........................................................C-41
10.02 Powers of the Town .............................................................................................C-42
10.03 Power to Grant Franchise ....................................................................................C-42
10.04 Franchise Value Not to be Allowed.....................................................................C-42
10.05 Right of Regulation..............................................................................................C-42
10.06 Consent of Property Owner .................................................................................C-43
10.07 Extensions............................................................................................................C-43
10.08 Other Conditions..................................................................................................C-44
10.09 Accounts of Municipally Owned Utilities ...........................................................C-44
10.10 Sales of Electricity, Water and Sewer Service.....................................................C-44
10.11 Regulation of Rates and Service..........................................................................C-44
Article XI. General Provisions ............................................................................................... C-45
11.01 Charter Authority.................................................................................................C-45
11.02 Public Records .....................................................................................................C-45
11.03 Property Not Subject to Execution ......................................................................C-45
11.04 Town Not Required to Give Security or Execute Bond ......................................C-45
11.05 Notice of Injury or Damage .................................................................................C-45
11.06 Powers to Remit Penalties ...................................................................................C-46
11.07 Property Not Exempt from Special Assessments ................................................C-46
11.08 Town Depository .................................................................................................C-46
11.09 Judicial Notice .....................................................................................................C-46
11.10 Severability Clause ..............................................................................................C-46
11.11 Construction of Charter .......................................................................................C-46
11.12 Renumber, Rename, Rearrange, Clerical, Typographical and
Grammatical Error Correction ...........................................................................C-47
11.13 Amendment to Charter.........................................................................................C-47
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Home Rule Charter
11.14 Code of Ethics and Conduct; Ethics Commission ...............................................C-47
11.15 Charter Review Commission ...............................................................................C-47
Article XII. Transitional Provisions....................................................................................... C-48
12.01 Interim Municipal Government ...........................................................................C-48
12.02 Persons Serving on Boards, Commissions or Corporations ................................C-48
12.03 Effect of this Charter on Existing Law ................................................................C-48
12.04 Continuance of Contracts, Franchises and Succession of Rights ........................C-49
12.05 Submission of Charter to Voters..........................................................................C-49
[Next page is C-7.]
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Home Rule Charter
HOME RULE CHARTER*
Article I. Form of Government & Boundaries
1.01
Incorporation, Corporate Name
All citizens of the Town of Trophy Club, in Denton and Tarrant Counties, Texas, within the
boundaries of said Town now established or as hereinafter established in the manner provided by
law shall continue to be a municipal body politic and corporate in perpetuity under the name
“Town of Trophy Club” hereinafter referred to as the “Town” with such powers, rights, authority,
privileges, obligations and immunities as are herein provided and as otherwise provided by law.
1.02
Form of Government
The municipal government provided by this Charter shall be known as the “council-manager
government”. Pursuant to its provisions and subject only to the limitations imposed by the Texas
Constitution, and the laws of the State of Texas, and by this Charter, all powers of the Town shall
be vested in an elective council, hereinafter referred to as the “Council” which shall enact
legislation, adopt budgets, determine policies, and appoint the Town Manager, who shall execute
the laws and administer the government of the Town. All powers of the Town 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 or State law.
State law reference–Form of government, V.T.C.A., Local Government Code, sec. 26.021.
1.03
Boundaries
The boundaries of the Town shall be as they have been established previously, now exist, and as
hereinafter amended by the Council in accordance with the law and a map of such boundaries
shall be on file with the Town Secretary.
State law references–Municipal boundaries and annexation, V.T.C.A., Local Government Code, ch. 41 et
seq.; map of municipal boundaries and extraterritorial jurisdiction, V.T.C.A., Local Government Code, sec.
41.001.
1.04
Annexation
(a) The Council shall have the power by ordinance to fix boundaries of the Town and to
provide for the alteration or the extension of said boundaries, pursuant to any laws of the State of
Texas now or hereinafter enacted, with or without the consent of the owners or inhabitants of
such territory.
*
Editor’s note–Printed herein is the charter of the Town of Trophy Club, Texas, which was adopted at an
election held on November 2, 2004 and effected by Ordinance 2004-32, sec. II, adopted November 15,
2004. Apart from minor nonsubstantive changes in style and formatting, the charter is reproduced as it
appeared in chapter 1, article 1 of the 2006 Code of Ordinances. Capitalization, punctuation and grammar
have been retained. Obviously misspelled words have been corrected without notation. Material enclosed in
brackets has been added for clarification. Amendments to the charter are indicated by a history note
following the amended provision. The absence of a history note indicates the material is unchanged from
the original charter.
State constitution reference–Charter to be consistent with constitution and general laws, art. XI, sec. 5.
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Home Rule Charter
(b) The annexation ordinance shall describe the territory to be annexed. Notice shall be
published and public hearings held as required by State law. Amendments not enlarging or
extending the boundaries set forth in the proposed ordinance may be incorporated into the
proposed ordinance without the necessity of republication of said notice. The additional territory
annexed shall be a part of the Town and the property situated therein shall bear its pro rata part of
the taxes levied by the Town as provided by State law. The inhabitants thereof shall be entitled to
all the rights and privileges of other citizens and shall be bound by the acts, ordinances,
resolutions and regulations of the Town.
State law reference–Municipal annexation, V.T.C.A., Local Government Code, ch. 43.
1.05
Disannexation
The Council may, by ordinance, disannex any territory within the corporate boundaries of the
Town, if the Council determines the territory is not necessary or suitable for Town purposes or if
it is determined that disannexation is required as a result of a valid municipal purpose, and may
exchange territory with other municipalities. When the disannexation ordinance is passed, the
disannexed territory shall cease to be a part of the Town. The disannexed territory shall remain
liable for its pro rata share of any indebtedness incurred while the area was a part of the Town
and the Town shall continue to levy, assess and collect taxes on the property in the disannexed
territory until such indebtedness has been paid.
State law reference–Disannexation, V.T.C.A., Local Government Code, sec. 43.141 et seq.
Article II. Powers of the Town*
2.01
Enumerated Powers Not Exclusive
The Town shall have the powers which are herein expressly provided as well as all powers that
are now or which hereafter may be granted to municipalities by the Constitution or laws of the
State of Texas, together with all the implied powers necessary to execute such granted powers.
The enumeration of particular powers in the Charter shall not be held or deemed to be exclusive
of those powers not expressly enumerated but shall be cumulative and shall not be interpreted as
limiting the Town’s power in any way.
2.02
Eminent Domain
The Town shall have 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, by the laws of the State of Texas or by Town ordinance. The power of
eminent domain hereby conferred shall include the right of the Town to take the fee, easement
and other interest in the lands so condemned, and such power and authority shall include the right
to condemn public and private property for such purposes. The Town shall have and possess this
*
State law references–Powers of home-rule municipality, V.T.C.S. art. 1175; general powers of homerule municipality, V.T.C.A., Local Government Code, sec. 51.071 et seq.; authority of local selfgovernment, V.T.C.A., Local Government Code, sec. 51.072.
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Home Rule Charter
power of condemnation of property within or without the corporate limits for any municipal or
public purposes, even though not specifically enumerated herein or in this Charter.
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.
2.03
Purposes
Power to Acquire Property Inside and Outside the Town for Any Lawful
The Town shall have the power to sell and to acquire by purchase either private or public
property located inside or outside of the corporate limits for any lawful purposes.
State law reference–Authority relating to property, V.T.C.A., Local Government Code, sec. 51.076.
Article III. The Council
3.01
Number, Selection, Term
The Council shall consist of seven (7) members, a Mayor and six (6) Councilmembers, elected
from the Town at-large-by-place in the manner provided in Article V, for a term of three (3) years
or until their successors have been elected and take office as provided in Article V. Each
Councilmember shall be elected to and occupy a place on the Council, such Places being
numbered (e.g., Place 1, Place 2, Place 3, etc.).
(Section 3.01 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 4, adopted
5/18/09 and May 11, 2013 election, effected by Ordinance 2013-15, prop. 18, adopted 5/21/13)
3.02
Qualifications
(a) Each person who becomes a candidate for Mayor or Councilmember shall meet the
following qualifications:
(1)
be at least eighteen (18) years of age on the first day of the form to be filed;
(2)
be a citizen of the United States;
(3)
be a qualified voter of the Town;
(4)
reside and have resided for at least twelve (12) months preceding the election within
the corporate limits of the Town;
(5)
no candidate may file for more than one office or position number per election;
(6)
no employee of the Town shall continue in such position after becoming a candidate
for a Town elective office; and,
(7)
If any sitting Council member files to become a candidate for another public office,
he shall resign his current seat upon filing for the new office.
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(b) The Council shall be the judge of the qualifications of candidates for office in accordance
with Section 3.04(b) and for these purposes shall have the power to subpoena witnesses and
require the production of records.
(Subsection (a)(1) amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 4,
adopted 5/18/09 and May 11, 2013 election, effected by Ordinance 2013-15, prop. 3, adopted
5/21/13. Subsection (a)(7) added by May 9, 2009 election, effected by Ordinance 2009-12, prop.
5, adopted 5/18/09 Subsection (b) amended by May 11, 2013 election, effected by Ordinance
2013-15, prop. 4, adopted 5/21/13.)
State law reference–Age and residence requirements for home-rule city office, V.T.C.A., Election Code,
sec. 141.003.
3.03
Number, Selection, Term[,] Council Judge of Election of Members
The Council shall be the judge of the election and qualifications of its own members, subject to
review of the courts in case of contest. The Council shall after each regular or special election,
canvass the return and declare the results of each election as required by law.
3.04
Vacancies, Forfeiture of Office, Filling of Vacancies
(a) The office of the Mayor or a Councilmember shall become vacant upon the Mayor or
Councilmember’s death, resignation, removal from office (in any manner authorized by law), or
forfeiture of office.
(b) The Mayor or a Councilmember shall forfeit his office if during a term of office, the Mayor
or Councilmember:
(1)
lacks any qualification for the office prescribed by this Charter or by other law;
(2)
violates any express prohibition of this Charter;
(3)
is convicted of a felony crime or is convicted of a crime involving moral turpitude;
or,
(4)
fails to attend three consecutive regular meetings of the Council without being
excused by the Council.
The Council shall, by an affirmative 3/4 vote of the entire membership, be the judge in matters
involving forfeiture of office by a Councilmember or the Mayor; provided however, that if any
member is convicted of a felony or a crime of moral turpitude while in office, the office shall
immediately and automatically become vacant without any requirement for action by the Council.
Forfeiture of office pursuant to this section may be appealed to an appropriate court as provided
by law.
(c) If there is a vacancy in the office of Mayor, a new Mayor shall be elected by special
election within one hundred twenty (120) days after such vacancy occurs, in accordance with the
Texas Constitution and the Texas Election Code.
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(d) A vacancy in the office of a Councilmember shall be filled by special election within one
hundred twenty (120) days after such vacancy occurs, in accordance with the Texas Constitution
and the Texas Election Code. If the vacated office is that of Mayor Pro-Tem, the Town Council
shall elect a new Mayor Pro-Tem at the next regular meeting.
(e)
Vacancies filled by special election shall be for the remainder of the term that was vacated.
(Subsection (b)(2) added and former subsections (b)(2) and (b)(3) renumbered to (b)(3) and (b)(4)
by May 9, 2009 election, effected by Ordinance 2009-12, prop. 6, adopted 5/18/09. The closing
paragraph of subsection (b) amended by May 11, 2013 election, effected by Ordinance 2013-15,
prop. 4, adopted 5/21/13. Subsection (c) amended and Subsection (d) and (e) added by May 9,
2009 election, effected by Ordinance 2009-12, props. 4, 7, adopted 5/18/09)
State law reference–Special election to fill vacancy generally, V.T.C.A., Election Code, sec. 201.051 et
seq.
3.05
Compensation
The Mayor and Councilmembers shall serve without pay or compensation; provided, however,
that they shall be entitled to reimbursement of any necessary expenses incurred in the
performance of their official duties, when approved by Council or their designee.
State law reference–Compensation of officers in home-rule municipality, V.T.C.A., Local Government
Code, sec. 141.004.
3.06
Mayor
The Mayor shall preside over the meetings of the Council, and perform such other duties
consistent with the office as may be imposed upon him by this Charter and by ordinances and
resolutions passed in pursuance thereof. He may participate in the discussion of all matters
coming before the Council and he shall have a vote on all matters before the Council. He shall
sign after authorization by the Council, all contracts, conveyances made or entered into by the
Town, all bonds, warrants and any other obligations issued under the provisions of this Charter, in
the manner prescribed in the ordinance authorizing the signing of any such obligation. He shall
present an annual state of the Town message, which shall include setting out needs and goals for
the Town. He shall be recognized as the official head of the Town by the courts for the purpose of
serving civil process, by the Governor for the purpose of enforcing military law and for all
ceremonial purposes.
Editor’s note–Former section 3.06A pertaining to the mayor and amended by May 9, 2009 election
effected by Ordinance 2009-12, prop. 19, adopted 3/9/09 and renumbered by Ordinance 2009-21 adopted
8/24/09 was repealed by May 11, 2013 election, effected by Ordinance 2013-15, prop. 5, adopted 5/21/13)
3.07
Mayor Pro-Tem
The Council, at its first meeting after election of Councilmembers, shall elect one of its number as
Mayor Pro Tem. He shall perform all the duties of the Mayor in the absence or disability of the
Mayor.
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Powers of the Council
All powers of the Town, and the determination of all matters of policy, shall be vested in the
Council. Without limitation of the foregoing, and among the other powers that may be exercised
by the Council, the following are hereby enumerated for greater certainty:
(a)
Appoint and remove a Town Manager as hereinafter provided;
(b)
Adopt the budget of the Town, and remain fully advised as to the financial condition
and future needs of the Town;
(c)
Authorize the issuance and sale of bonds by a bond ordinance;
(d)
Develop long term goals for the Town and strategies to implement goals;
(e)
Inquire into the conduct of any office, department or agency of the Town and
authorize investigations as to municipal affairs;
(f)
Provide for such additional boards, commissions and corporations not otherwise
provided for in this Charter, as may be deemed necessary, and appoint the members
of all such boards, commissions and corporations. Such boards, commissions and
corporations shall have all powers and duties now or hereafter conferred and created
by this Charter, by Town ordinance or by State law;
(g)
Adopt and modify the zoning plan, and a building code, including electrical and
plumbing codes, of and for the Town; and to require building permits;
(h)
Adopt and modify the official map of the boundaries of the Town and its
extraterritorial jurisdiction;
(i)
Adopt, modify and carry out plans proposed by the Town Planning and Zoning
Commission for the clearance of slum districts and rehabilitation of blighted areas;
(j)
Adopt, modify and carry out plans proposed by the Town Planning and Zoning
Commission 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 Town;
(l)
Provide for the establishment and designation of fire limits, and prescribe the kind
and character of buildings or structures or improvements to be erected therein;
provide for the erection of fireproof buildings within said limits; provide for the
condemnation of dangerous structures, buildings, dilapidated buildings or buildings
calculated to increase the fire hazard, and prescribe the manner of their removal or
destruction, within said limits;
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(m)
Provide for a sanitary sewer and water system, and require property owners to
connect their premises with sewer system and provide the penalties for failure to
make sanitary sewer connections;
(n)
Provide for sanitary garbage disposal, and set fees and charges therefor, and provide
penalties for failure to pay such fees and charges; define nuisances and to prohibit
same, and provide penalties for violations;
(o)
Provide for all necessary public utilities and set fees and charges therefor and provide
penalties for misuses of same;
(p)
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 Town; provide for
the improvement of same as set forth in State law or as determined appropriate by the
Council in order to meet a municipal purpose;
(q)
Compromise and settle any and all claims, demands and lawsuits, of every kind and
character, in favor of, or against, the Town;
(r)
Require bonds, both special and general, of such contractors and others constructing
or building for the Town as Council determines appropriate, and to set up standards,
rules and regulations therefor;
(s)
Pass ordinances defining and prohibiting misdemeanors and provide penalties for
violations;
(t)
Provide and/or arrange for any and all “civil defense measures” and “public shelter
measures” for the Town and for the citizens thereof, deemed necessary for the public
welfare;
(u)
Exercise, or delegate to the Mayor, extraordinary and total executive powers (on a
temporary basis) during the existence and duration of any major public disaster, for
the public welfare; and,
(v)
Name and designate an “Official Newspaper” for the Town and cause only the
caption of duly enacted ordinances to be published except as provided otherwise by
law.
(Subsection (b) amended, Subsection (d) added, and subsections (a) – (v) renumbered accordingly
by May 9, 2009 election, effected by Ordinance 2009-12, prop. 19, adopted 5/18/09)
3.09
Meetings of the Council
The Council shall hold at least two (2) regular meetings a month for at least seven (7) months and
a minimum of one meeting during each of the other five (5) months at a time to be fixed by
Council for such regular meetings. Council may hold as many other meetings as may be
necessary for the transaction of the business of the Town. All regular meetings shall be held at the
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Municipal Building or at such other places within town limits as will permit the attendance of the
general public. All meetings will be held in accordance with open meeting laws of the State of
Texas.
State law reference–Open meetings, V.T.C.A., Government Code, ch. 551.
3.10
Special Meetings
The Mayor or any three (3) members of the Council may call special meetings by giving notice to
the Town Secretary of the nature of the meeting, the items for consideration, and the proposed
date and time of the meeting. The Town Secretary shall notify each member of the Council of the
time of such meeting and purpose thereof. Only matters mentioned in the call shall be considered.
3.11
Rules of the Council
(a) The Council shall determine its own rules of procedure and may compel the attendance of
its members. Minutes of the proceedings of the Council shall be kept, to which any citizen may
have access at all reasonable times and which shall constitute one of the archives of the Town.
(b) Any item requested by two (2) Councilmembers, or the Mayor, or by the Town Manager
shall be placed on the agenda by the Town Secretary. The Mayor will establish the order of the
agenda for each Council meeting. The Town Secretary shall prepare the agenda, which shall be
publicly posted in accordance with the Texas Open Meetings Act.
(c) The rules shall provide that citizens of the Town shall have a reasonable opportunity to be
heard at any meeting.
(Subsection (b) amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 10,
adopted 5/18/09)
3.12
Quorum
A majority of the Council shall constitute a quorum to do business. A number less than a quorum
may adjourn from time to time and compel the attendance of absent members. Except as
otherwise specifically provided herein or as provided by law, four (4) members of Council shall
constitute a quorum for the purpose of transaction of business and no action of the Council shall
be valid or binding unless adopted by the affirmative vote of four (4) or more members of the
Council, or as required by State law or this Charter. If the Council is reduced to less than four (4)
members on account of vacancies, the remaining members shall constitute a quorum for the sole
purpose of calling an election.
5/18/09)
3.13
Interference in Town Manager Appointments and Removals or Duties
Neither the Council nor any of its members shall direct or request the appointment of any person
to or his removal from office by the Town Manager or by any of his subordinates. However, the
Council may consult and advise with the Town Manager, make inquiry regarding the
appointments or removals and may express their opinion in regard thereto. In regard to
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administrative and executive duties under the Town Manager, the Council and its members shall
deal solely through the Town Manager, either publicly or privately.
3.14
Action Requiring an Ordinance
In addition to other acts required by law or by specific provision of this Charter to be done by
ordinance, those acts of the Council shall be by ordinance which:
(a)
Adopt or amend an administrative code;
(b)
Provide for a fine or other penalty or establish a rule or regulation for violation of
which a fine or other penalty is imposed;
(c)
Levy taxes;
(d)
Grant, renew or extend a franchise;
(e)
Regulate the rate charged for its services by a public utility;
(f)
Authorize the borrowing of money that cannot be repaid within the current fiscal
year;
(g)
Convey, lease or authorize the conveyance or lease of any lands of the Town;
(h)
Regulate land use and development;
(i)
Amend or repeal any ordinance previously adopted; and,
(j)
Adopt an annual budget.
Acts other than those referred to in the preceding sentence may be done either by ordinance or by
resolution provided that such action is in compliance with applicable law.
State law reference–Ordinance, rule or regulation necessary to carry out other powers, V.T.C.A., Local
Government Code, sec. 51.001.
3.15
Form of Ordinances
Every proposed ordinance shall be introduced in writing and in substantially the form required for
final adoption. The subject of the ordinance shall be clearly expressed in its title. The enacting
clause of every ordinance shall be in accordance with State law. Any ordinance which repeals or
amends an existing ordinance or part of the Town code shall clearly set forth the provision or
provisions being repealed or amended and, if amended, shall further clearly set forth the
amendment being made.
3.16
Procedure for Enacting Ordinances and Resolutions; Publications
(a) Ordinances and resolutions may be passed at any regular meeting or special meeting called
for that purpose provided notice has been given in accordance with the Texas Open Meetings Act.
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(b) All ordinances, exclusive of emergency ordinances defined by Section 3.17 of this Charter,
shall be considered and passed in open meeting of the Council. All persons interested shall have
the opportunity to be heard. The Town Attorney shall opine as to legality all ordinances prior to
final adoption. Every ordinance, resolution or motion shall require on passage the affirmative
vote of four (4) or more members of Council present unless more is required by State law.
(c) The descriptive caption or title of an ordinance that imposes a penalty, fine or forfeiture,
and the penalty for violating the ordinance, shall be published at least once in the official
newspaper of the Town.
(d) An ordinance required to be published takes effect when the publication requirement is
satisfied, unless the ordinance provides otherwise. An ordinance that is not required to be
published takes effect when adopted unless the ordinance provides otherwise.
(e) All ordinances and resolutions may be admitted and received in all courts, subject to the
rules of evidence and laws of jurisdictions where proof of such ordinances and resolutions are
tendered, without further proof.
(Subsection (b) amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 9,
adopted 5/18/09)
State law reference–Publication of ordinances, V.T.C.A., Local Government Code, sec. 52.013.
3.17
Emergency Ordinances
The Council may adopt emergency ordinances only to meet public emergencies affecting the life,
health, property or the public peace in accordance with State law. In particular, such ordinances
shall not levy taxes, grant or renew or extend a franchise or regulate the rate charged by any
public utility for its services, and shall be adopted as authorized by applicable state or federal law.
After adoption the ordinance shall be published as required by law, but may become effective
immediately upon enactment.
3.18
Bonds for Employees
The Town Manager and the Town Secretary and such other Town officers and employees as the
Council may require, shall, before entering upon the duties of their office, enter into a good and
sufficient fidelity bond in a sum to be determined by the Council payable to the Town, and
conditioned upon the faithful discharge of the duties of such persons, and upon the faithful
accounting for all monies, credits and things of value coming into the hands of such persons, and
such bonds shall be signed as surety by some company authorized to do business under the laws
of the State of Texas. Premium of such bonds shall be paid by the Town, and such bonds must be
acceptable to the Council.
State law reference–Official bonds, V.T.C.A., Government Code, ch. 604.
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3.19
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Investigative Powers of the Council
The Council, by the affirmative vote of a quorum, shall have the power to authorize an inquiry or
investigation into the official conduct of any office, department, or agency of the Town.
(Section 3.19 amended by May 11, 2013 election, effected by Ordinance 2013-15, prop. 7,
adopted 5/21/13)
3.20
Conflict of Interest and Abstention
(a) Conflict of Interest. Should any person on the Town Council have a conflict of interest,
pursuant to any State laws and/or Town ordinances regulating conflicts of interest of municipal
officers, with an agenda item then before the Town Council, he shall openly declare same before
discussion proceeds, and he is thereby prohibited from discussing the item or voting on the
question, and is not considered as present and voting for the purposes of the tally.
(b) Abstention. Should any person on the Town Council choose to abstain from voting on any
question before the Town Council, where no conflict of interest exists, the person’s vote shall be
recorded as a negative vote in the official minutes of the meeting.
adopted 5/18/09)
Editor’s note–The election held May 9, 2009 amended Article III to add a section entitled “Conflict of
Interest and Abstention” numbered as Section 3.20 and replacing the current Section 3.20 of Article III
which was amended, renumbered and moved to Article IX, Section 9.09 effected by Ordinance 2009-12,
prop. 19, adopted May 18, 2009.
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.
3.21
Indemnification of Officers
The Council may, by appropriate ordinance, provide for the indemnification and defense of the
officers and employees of the Town, including members of the Council, or any board,
commission, or committee, including volunteers, against any loss, cost, or expense arising out of
or related to the discharge of official duties, to the extent such indemnification is allowed by law
and to the extent such actions or inactions are covered under the terms of the Town’s general
liability insurance coverage. Under no circumstances shall indemnification be provided for any
act arising out of the intentional or knowing violation of any penal statute or for any personal or
private business of such officer, employee, member or volunteer, or for any criminal misconduct.
adopted 5/21/13)
3.22
Term Limits
No person shall serve as Mayor for successive elected full terms totaling more than six years, and
no person shall serve as Councilmember for successive elected full terms totaling more than six
years. A term of office shall be defined as an elected period of two (2) years or an elected period
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of three (3) years. A portion of a term does not count as a term of office for purposes of a limit.
Term limits shall apply to the May of 2010 election and all subsequent elections. Election terms
previously served or being served at the May of 2010 election are not counted in the application
of term limits.
adopted 5/18/09)
Article IV. Administrative Services*
4.01
Administrative Departments
Administrative departments shall be established by the Town Manager. The head of each
department shall be appointed by the Town Manager and shall be subject to the direction and
supervision of the Town Manager.
4.02
Town Manager - Appointment and Qualifications
(a) The Council shall appoint a Town Manager, who shall be the chief administrative officer of
the Town.
(b) The method of selection shall be left to the discretion of the Council so long as the method
insures orderly, non-partisan action toward securing a competent and qualified person to fill the
position. The Town Manager shall be chosen upon the basis of administrative training,
experience, ability, character and other such professional qualifications as determined appropriate
by Council.
(c) Neither the Mayor nor any Councilmember may be appointed Town Manager or acting
Town Manager while holding office or for a period of two (2) years thereafter.
(d)
The Town Manager shall establish residency in the Town unless excused by Council.
(Subsection (a) amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 12,
adopted 5/18/09)
4.03
Compensation
The Town Manager shall receive compensation as may be fixed by the Council.
State law reference–Compensation of officers in home-rule municipality, V.T.C.A., Local Government
Code, sec. 141.004.
4.04
Term and Removal
The Town Manager shall not be appointed for a definite term but may be removed at the
discretion of the Council by majority vote of the Council. Such action taken by Council shall be
done in accordance with the personnel policies of the Town applicable to at-will employees. The
action of the Council in suspending or removing the Town Manager shall be final. It is the
*
State law reference–Creation of municipal offices, V.T.C.A., Local Government Code, sec. 26.041.
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intention of this Charter to vest all authority and fix all responsibilities of such suspension or
removal in the Council.
4.05
Powers and Duties
The Town Manager shall be the chief administrative officer and head of the administrative branch
of the Town. He shall be responsible to the Council for the proper administration of all the affairs
of the Town and to that end shall have the power and be required to:
(a)
Oversee the effective enforcement of all applicable laws and ordinances, implement
the directives and policies established by Council and oversee the administration of
contracts and franchises to ensure compliance with the terms approved by Council;
(b)
Appoint, suspend and/or remove all or any one of the heads of departments and all
subordinate officers and employees of the Town in accordance with applicable laws
and policies. The Town Manager may authorize any administrative officer subject to
the Manager’s direction and supervision to exercise these powers with respect to
subordinates in that officer’s department, office or agency;
(c)
Direct and supervise the administration of all departments;
(d)
Attend all meetings of the Council, except when excused by the Council. The Town
Manager shall have the right to take part in discussion but shall not vote;
(e)
Prepare and submit the annual budget and capital program to the Town Council, and
implement the final budget approved by Council to achieve the goals of the Town;
(f)
On an annual basis, submit to the Town Council and make available to the public a
complete report on the finances and administrative activities of the Town’s prior
fiscal year;
(g)
Keep the Town Council fully advised as to the financial condition and future needs of
the Town;
(h)
Make recommendations to the Council concerning affairs of the Town and facilitate
the work of the Council in developing policy;
(i)
Provide staff support services for the Mayor and Councilmembers;
(j)
Assist the Council in developing goals and strategies for the next fiscal period;
(k)
Assist the Council to develop long term goals for the Town and develop strategies to
implement those goals;
(l)
Encourage and provide staff support for regional and intergovernmental cooperation;
(m)
Promote partnerships among Council, Staff and citizens in developing public policy
and building a sense of community;
(n)
Perform such other duties as may be prescribed by Council, by this Charter, by
ordinance or other law; and,
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Recommend to the Council rules and regulations to be adopted by ordinances to
protect the safety and security of the municipal records.
(Subsections (f), (g), (j) and (k) added and subsections (f), (g), (h), (i), (j) and (k) renumbered to
(h), (i), (l), (m) (n) and (o) by May 9, 2009 election, effected by Ordinance 2009-12, prop. 19,
adopted 5/18/09. Subsection (f) amended by May 11, 2013 election, effected by Ordinance 201315, prop. 9, adopted 5/21/13. Subsection (o) amended by May 11, 2013 election, effected by
Ordinance 2013-15, prop. 10, adopted 5/21/13)
4.06
Acting Town Manager
(a) The Town Manager, within thirty (30) days after taking office, shall designate, by letter
filed with the Town Secretary, a qualified administrative officer of the Town to perform the
duties of the Town Manager in his absence or disability. Such designation shall be subject to
approval of the Council. No member of the Council shall serve as Acting Town Manager. Upon
resignation or termination of the Town Manager, the Acting Town Manager shall perform the
duties of the Town Manager until a new Town Manager or Acting Town Manager is appointed by
the Council.
(b) Should the need for an Acting Town Manager occur prior to the Town Manager submitting
a designee or prior to the Council’s approval of the Town Manager’s designee, the Council shall
appoint an Acting Town Manager.
(c) The Town Manager may select a different Acting Town Manager by repeating the letter of
designation and obtaining the Council’s approval for designation of a new Acting Town Manager.
4.07
Town Secretary
The Council shall appoint a Town Secretary who shall act as the Secretary to the Council and
shall hold office at the pleasure of the Council. He shall be entitled to a seat at the Council table
at all official meetings.
adopted 5/18/09)
4.08
Duties of the Town Secretary
The Town Secretary shall:
(a)
Record the minutes of all official meetings of the Council; provided, however, only
the captions of duly enacted ordinances and resolutions shall be recorded in the
minutes;
(b)
Hold and maintain the Town Seal and affix to all instruments requiring such seal;
(c)
Verify the sufficiency of any petition for recall, initiative, or referendum based upon
the requirements of this Charter and all applicable laws; and,
(d)
Be the custodian of all municipal records of the Town; and
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Perform such other duties as may be required by the Council, the Town Manager, this
Charter or the laws of the State of Texas.
(Subsection (e) (renumbered to subsection (d)) added by May 11, 2013 election, effected by
Ordinance 2013-15, prop. 10, adopted 5/21/13; subsections (d) and (e) renumbered by Ordinance
2015-43, sec. 2.01, adopted 12/8/15)
4.09
Compensation
The Council shall set the compensation of the Town Secretary. The authority to set compensation
may be delegated at the discretion of Council.
4.10
Municipal Court
There shall be a court designated to serve the Town as the Municipal Court for the trial of
misdemeanor offenses, with all such powers and duties as are now, or may hereafter be,
prescribed by laws of the State of Texas relative to Municipal Courts.
adopted 5/21/13)
4.11
Judge of Court
The Council shall by ordinance appoint one or more Judges of the Municipal Court. A Judge shall
be a resident of this state, be a citizen of the United States, a licensed attorney in good standing,
licensed to practice in the State of Texas and must have two (2) or more years of experience in
practicing law in this state.
adopted 5/18/09)
4.12
Clerk of the Court
The Council shall by ordinance provide for the appointment and oversight of a Clerk, Deputy
Clerk and such other personnel that the Council determines appropriate to serve the Municipal
Court of the Town. The duties and authority of all Court personnel shall be in accordance with
state law and Town ordinance.
adopted 5/18/09 and May 11, 2013 election, effected by Ordinance 2013-15, prop. 12, adopted
5/21/13)
4.13
Fines
All costs and fines imposed by the Municipal Court shall be paid to the Town general fund for the
use and benefit of the Town, unless otherwise required by State law.
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Town Attorney - Appointment & Qualifications
The Council shall appoint an attorney licensed and in good standing to practice in the State of
Texas as the Town Attorney. He shall serve at the discretion of the Council and he shall receive
for his services such compensation as may be fixed by the Council. The authority to set
compensation may be delegated at the discretion of Council.
adopted 5/18/09)
4.15
Professional Services
The Council may employ such professional consultants, including engineers, planners, architects
or others whom it finds appropriate and in the best interest of the Town to engage. The Council
may fix the compensation of such professionals and work directly with them or direct that they
work with the Town Manager or his designee. The authority to set compensation may be
delegated at the discretion of Council.
4.16
Town Boards, Commissions and Corporations
(a) Members of boards, commissions and corporations appointed by the Town shall serve
without compensation, provided, however, that they shall be entitled to reimbursement of any
necessary expenses incurred in the performance of their official duties, when approved by
Council or their designee.
(b) A person who holds a paid or elected position with the Town is not eligible to serve on a
board, commission or corporation.
(c) All boards, commissions and corporations shall maintain minutes of their meetings which
shall be public records and which indicate, at a minimum, the members present, the subject of
matters considered and the result of any vote taken. The minutes shall also indicate how each
member voted on each matter.
4.17
Personal Financial Interest
Any officer or employee who has any substantial financial interest, direct or indirect, or by reason
of ownership of stock or shares of a business entity, or in any contract with the Town, or in the
sale of any land, material, supplies or services to the Town or to a contractor supplying the Town
shall make known that interest and shall refrain from voting upon or otherwise participating in his
capacity as a Town officer or employee in the making of such sale or in the making or performing
of such contract.
Any Town officer or employee who knowingly or intentionally conceals such a financial interest
or knowingly or intentionally violates the requirements of this section shall be guilty of
malfeasance in office or position and shall forfeit his office or position.
Violation of this section with the knowledge, express or implied, of the person or corporation
contracting with or making a sale to the Town shall render the contract or sale voidable by the
Town Manager or the Council.
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Accepting Gifts, Etc.
No officer or employee of the Town shall ever solicit, agree to accept or accept, directly or
indirectly, any gift, favor or privilege from any public utility corporation, or other corporation,
person or persons, enjoying a grant, contract, franchise, privilege or easement from or with said
Town, during the term of office of such officer, or during such employment of such employee,
except as may be authorized by law, resolution or ordinance. Any officer or employee of the
Town who shall violate a provision of this section shall forfeit his office.
In addition to the penalties imposed by State law for a violation of this section, any person
convicted of a violation of this Section shall be ineligible for a period of five (5) years following
such conviction to hold any Town office or position and, if an officer or employee of the Town,
shall immediately forfeit his office or position. The Council may establish by ordinance such
further penalties as it may deem appropriate.
Article V. Nominations and Elections*
5.01
Elections
The general Town election shall be held annually on a date in accordance with the laws of the
State of Texas and as established by Town ordinance, commencing in the year 2009 at which
time officers will be elected to fill those offices which become vacant that year. The Council may,
by ordinance, order a special election, fix the time and place for holding same and provide all
means for holding such special election.
The Mayor and six (6) Councilmembers shall be elected and serve in the following manner:
*
(a)
The Mayor shall have a three-year term beginning with the May 2011 election.
(b)
Councilmembers elected at the May 2009 election shall draw lots to determine Places
1 and 2. Places 1 and 2 shall receive a two-year term at the May 2009 election;
thereafter, Places 1 and 2 shall have three year terms.
(c)
Councilmembers elected at the May 2008 election shall draw lots to determine Places
3, 4, and 5. At the May 2010 election, Places 3 and 4 shall receive two year terms and
Place 5 shall receive a three year term; thereafter, Places 3, 4, and 5 shall have threeyear terms.
(d)
A Councilmember shall be elected to Place 6 at the November 2013 election for an
initial term of office expiring at the May, 2016 election; thereafter Place 6 shall have
three year terms.
(e)
The candidate for Mayor who receives a majority of all votes cast for all the
candidates for such office at the election shall be declared elected.
(f)
The candidate for election to each Place on the Council, who receives a majority of
all votes cast for all the candidates for such Place at the election, shall be declared
elected.
State law reference–Applicability of Election Code, V.T.C.A., Election Code, sec. 1.002.
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(g)
In the event any candidate for an office fails to receive a majority of all votes cast for
all the candidates for such office at such election, the Town Council shall, upon
completion of the official canvass of the ballots, issue a call for a runoff election to
be held within thirty (30) days following the issuance of such call, or in accordance
with the Texas Election Code. The two (2) candidates receiving the highest number
of votes (or three (3) persons in case of tie for second place) for any such office in the
first election shall be placed upon the ballot to be voted on in such runoff election;
and, in case of a tie vote in the runoff election or in the first election if there are only
two (2) candidates, as to the two (2) candidates, the Council shall order subsequent
elections in the same manner as the runoff election until the tie vote between the two
(2) candidates has been resolved. (See Editor’s note 1 below)
(h)
Except as specifically provided in this section, in the case of a tie vote as between
two (2) or more candidates, a special election shall be called by the Council in
accordance with the Texas Election Code. If the tie does not prevent the filling of the
vacancies then the special election shall not be required. (See Editor’s note 2 below)
(Subsections (a)–(e) amended, subsections (f) and (g) added by May 9, 2009 election, effected by
Ordinance 2009-12, prop. 4, adopted 5/18/09. Subsection 5.01(e) added by May 9, 2009 election,
effected by Ordinance 2009-12, prop. 13, adopted 5/18/09 and renumbered to subsection (h) by
Ordinance 2009-21 adopted 8/24/09. First two paragraphs and subsection (d) amended by May
11, 2013 election, effected by Ordinance 2013-15, prop. 18, adopted 5/21/13)
Editor’s note 1–Ref 5.01(e) and 5.01(h). The 2009 election ballot language did not allow for the
integration of two propositions into one section. For clarification, proposition #4 made the following
changes: Deleted the original 5.01(e) which read “Except as specifically provided in this section, in the
case of a tie vote as between two (2) or more candidates, a special election shall be called by Council. The
Council shall order a special election not less than thirty (30) days nor more than forty (40) days after the
regular election to resolve the tie vote as between such candidates. If the tie does not prevent the filling of
the vacancies then the special election shall not be required.” Added subsections “(e) The candidate for
Mayor who receives a majority of all votes cast for all the candidates for such office at the election shall be
declared elected. (f) The candidate for election to each Place on the Council, who receives a majority of all
votes cast for all the candidates for such Place at the election, shall be declared elected. (g) In the event any
candidate for an office fails to receive a majority of all votes cast for all the candidates for such office at
such election, the Town Council shall, upon completion of the official canvass of the ballots, issue a call for
a runoff election to be held within thirty (30) days following the issuance of such call, or in accordance
with the Texas Election Code. The two (2) candidates receiving the highest number of votes (or three (3)
persons in case of tie for second place) for any such office in the first election shall be placed upon the
ballot to be voted on in such runoff election; and, in case of a tie vote in the runoff election or in the first
election if there are only two (2) candidates, as to the two (2) candidates, the Council shall order
subsequent elections in the same manner as the runoff election until the tie vote between the two (2)
candidates has been resolved.”
Editor’s note 2–Ref 5.01(e) and 5.01(h). The 2009 election ballot language did not allow for the
integration of two propositions into one section. For clarification, proposition #13 made the following
changes: First sentence, following the word “by” deleted the word “Council” at the end of the sentence and
following the word “by” added “the Council in accordance with the Texas Election Code.” Deleted a
second sentence which read “The Council shall order a special election not less than thirty (30) days nor
more than forty (40) days after the regular election to resolve the tie vote as between such candidates.”
State law reference–Date for election of officers, V.T.C.A., Local Government Code, sec. 26.042.
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Regulation of Elections
All general and special elections shall be held in accordance with the laws of the State of Texas
regulating the holding of municipal elections and in accordance with this Charter and ordinances
or resolutions adopted by the Council for the conduct of elections. The Council shall appoint the
Election Judges and other election officials and shall provide for the compensation of all election
officials in the Town elections and for all other expenses in holding said elections.
State law reference–Appointment of election judges, V.T.C.A., Election Code, sec. 32.005.
5.03
Special Elections
The Council may call such special elections as are authorized by the State law, this Charter or for
any other reason the Council deems necessary. The Council shall fix the time and place of
holding same, and provide all means for holding such special elections in accordance with State
law.
5.04
Filing for Office
(a) Each candidate for an elective office shall meet the qualifications set forth in Section 3.02
of this Charter.
(b) Any person so qualified who desires to become a candidate for election shall file an
application with the Town Secretary, in accordance with the Texas Election Code, as amended,
and all other applicable laws.
(c) Within five (5) days after the filing of an application, the Town Secretary shall notify the
candidate whether or not the application satisfied the requirements prescribed by this Charter. If
an application is found insufficient, the Town Secretary shall return it immediately to the
candidate with a statement certifying wherein it is insufficient. Within the regular time for filing
applications, a new application may be filed by the same candidate. The Town Secretary shall
keep on file all applications found sufficient at least until the expiration of the term of which the
candidates are nominated in those applications.
(d) If any member of a board, commission or corporation appointed by the Council shall
become a candidate for election to any public office of the Town, he shall immediately upon his
being elected, forfeit his place as a member of such board, commission or corporation.
(e) If any employee of the Town becomes a candidate for election to any public office of the
Town they shall, immediately upon becoming a candidate, forfeit the employment held with the
Town.
(f) If any sitting Council member files to become a candidate for another public office, he shall
resign his current seat upon filing for the new office.
(Subsection (f) added by May 9, 2009 election, effected by Ordinance 2009-12, prop. 5, adopted
5/18/09)
State law references–Eligibility for public office, V.T.C.A., Election Code, sec. 141.001 et seq.;
candidates for city office, V.T.C.A., Election Code, ch. 143.
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Home Rule Charter
The Official Ballot
(a) Candidates Names on Ballots: The names of all candidates who have filed for office shall
be printed on the official ballots without party designation. The order on the ballot of the names
of the candidates for each office or position shall be determined by lot in a drawing to be held
under the supervision of the Town Secretary, or as otherwise required by State law.
(b)
Early voting shall be governed by the Texas Election Code.
State law reference–Ballot form, content and preparation, V.T.C.A., Election Code, ch. 52.
5.06
Canvassing and Election Results
Returns of every municipal election shall be delivered forthwith by the Election Judges to the
Town Secretary with a copy of the returns sent to the Mayor. The Council shall canvass the
returns, investigate the qualifications of the candidates and declare the official results of the
election in accordance with the Texas Election Code, including without limitation, any provision
that alters the requirements of this Charter. The results of every municipal election shall be
recorded in the minutes of the Council. The qualified person receiving a majority of the votes cast
for any office shall thereupon be declared elected by said Council. The decision of the Council, as
to qualifications of candidates, shall be conclusive and final for all purposes.
State law reference–Canvassing elections, V.T.C.A., Election Code, ch. 67.
5.07
Notification of Town Officers
The Town Secretary, with the concurrence of the Council, shall promptly notify all persons
elected to office. A candidate who is elected in a regular or special Town election shall, after
taking the oath of office as prescribed herein, take office, and enter upon his duties at the next
Council meeting at which he is legally eligible to participate.
5.08
Oath of Office
Every officer of the Town, whether elected or appointed, shall take the oath of office as
prescribed by the Texas Constitution or other applicable law prior to assuming office.
State constitution reference–Oath of office, Texas Constitution, art. 16, sec. 1.
Article VI. Recall
6.01A
Scope of Recall
Any elected Town official shall be subject to recall and removal from office by the qualified
voters of the Town on any one or more of the following grounds: incompetency, misconduct,
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malfeasance in office or who knowingly or intentionally violates any express prohibition of the
Charter.
In this section:
(a)
“Incompetency” means (a) gross ignorance of official duties; or (b) gross
carelessness in the discharge of official duties; or (c) inability or unfitness to
promptly and properly discharge official duties because of a serious mental or
physical defect that did not exist at the time of the officer’s election. The term is used
in a sense that the Town official has exceeded his or her authority by defying or
overruling lawful actions done by the Town Council.
(b)
“Official misconduct” means intentional unlawful behavior relating to official duties
by a Town Official entrusted with the administration of justice or the execution of the
law. The term includes an intentional or corrupt failure, refusal, or neglect of a Town
Official to perform a duty imposed on the officer by law.
(c)
“Malfeasance” means the doing of an act by a Town Official through ignorance,
inattention, or malice, which act the official had no legal right or authority to do, or
which act exceeds or abuses the official’s rightful authority or powers; or the failure
to do an act which the Town Official had a legal duty to do.
adopted 5/18/09 and renumbered to 6.01A by Ordinance 2009-21 adopted 8/24/09. Introductory
paragraph amended by May 11, 2013 election, effected by Ordinance 2013-15, prop. 14, adopted
5/21/13)
Editor’s note–Former Section 6.01 pertaining to scope of recall and amended by May 9, 2009 election,
effected by Ordinance 2009-12, prop. 4, adopted 5/18/09 was repealed by May 11, 2013 election, effected
by Ordinance 2013-15, prop. 14, adopted 5/21/13.
6.02
Petition for Recall
Before the question of recall of such officer shall be submitted to the qualified voters of the
Town, a petition demanding such question to be so submitted shall first be filed with the person
performing the duties of the Town Secretary, which petition shall be signed by a number equal to
at least twenty percent (20%) of those who were qualified voters on the date of the last regular
municipal election as determined from the list of qualified voters maintained by the County
Election Administrator. All signatures must be in compliance with the requirements set out in the
Texas Election Code.
adopted 5/18/09)
6.03
Form of Recall and Oath
The recall petition must be addressed to the Council, 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 (1) ground, such as 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
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matters and things with which he is charged on each ground. The signature shall be verified by
oath in the following form:
STATE OF TEXAS
§
COUNTY OF ________ §
I, ____________, being first duly sworn, on oath depose and say that I am one of the
signers of the above petition and that each signature appearing thereto was made in my
presence on the day and date it purports to have been made, and I solemnly swear that the
same is the genuine signature of the person whose name it purports to be.
Subscribed and sworn to before me this ______ day of ____________, ____.
__________________________
Notary Public, ____________ County, Texas
adopted 5/18/09)
6.04
Procedure After Filing Petition for Recall
(a) Upon the filing of a petition, the Town Secretary shall review the petition to determine the
existence of the requisite number of signatures of qualified voters and whether the form of the
petition complies with the provisions of this Charter. The Town Attorney shall review the petition
for legal sufficiency.
(b) Within ten (10) business days after the petition is filed, the Town Secretary shall complete
a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is
defective and shall promptly send a copy of the certificate to the person(s) who filed the petition
by registered mail.
(c) A petition certified insufficient for lack of the required number of valid signatures or due to
inadequate form or content may be amended once if each of the following requirements are met:
(1)
the person(s) who filed the petition with the Town Secretary files a notice of
intention to amend it with the Town Secretary within five (5) business days after
receiving the copy of this certificate via registered mail; and,
(2)
such person(s) also file a supplementary petition upon additional papers within ten
(10) business days after receiving the copy of such certificate. Such supplementary
petition shall comply with the requirements of section 6.02. Within five (5) business
days after the supplementary petition is filed, the Town Secretary shall complete a
certificate as to the sufficiency of the petition as amended and promptly send a copy
of such certificate to the person(s) who filed the petition for recall via registered mail
as in the case of an original petition.
(d) If a petition or amended petition is certified sufficient and in compliance with the terms of
this Article of the Charter, the Town Secretary shall present this certificate to the Council at its
next regular Council meeting or special meeting called for this purpose and immediately shall
notify the Councilmember whose removal is sought and provide him with a copy of his petition
by registered or certified mail.
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(e) No signature to a recall petition shall remain effective or be counted if it was placed upon
the petition more than forty-five (45) days prior to filing of the recall petition with the Town
Secretary.
(f) If the Councilmember whose removal is sought does not resign within seven (7) days after
the certified petition is presented to the Council, the Council, at its next regular meeting or at a
specially called meeting, shall order a recall election. The date selected for the recall election
shall be the earliest available date in accordance with the Texas Election Code for which all legal
requirements to verify the petition and call the election may be met.
(Subsection (g) deleted by May 9, 2009 election, effected by Ordinance 2009-12, prop. 4, adopted
5/18/09 and subsection (f) amended by May 9, 2009 election, effected by 2009-12, prop. 13,
adopted 5/18/09)
6.05
Public Notice
The Council shall make or cause to be made publication or notice and provide for holding such
election for the successor Councilmember, and the same shall be conducted, and the result thereof
declared in all respects as other Town elections.
6.06
Official Ballot
Any Officer so elected shall hold office only during the unexpired term of his predecessor. Any
person sought to be removed may be a candidate to succeed himself and, unless he requests
otherwise in writing, the Town Secretary shall place his name on the official ballot without
nomination. The names of other candidates for such position shall be placed on the official ballot
in the same manner as provided in Article V of this Charter. At such election, the candidate
receiving a majority of all votes cast for such office, according to the rules regulating the election
of Councilmembers as set forth in this Charter, shall be declared elected. At such election, if
some person other than the incumbent receives a majority of all votes cast for such office, the
incumbent shall thereupon be deemed removed from the office upon the qualification of his
successor. In case the party who receives a majority of all votes cast at said election should fail to
qualify within the (10) days after receiving notification of his election, the office shall then
become vacant. If the incumbent receives a majority of all votes cast at such election, he shall
continue in office and shall not be subject to any other recall for any grounds existing prior to said
election. In the event that a runoff election is required, the procedure set forth shall be followed.
5/18/09)
6.07
Recall Petition Prohibited
No recall petition shall be filed against any Officer of the Town within six (6) months after his
election, nor within six (6) months after an election for such Officer’s recall[.]
6.08
Refusal of Recall Petition
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 any other duties
imposed upon said Council by the provisions of this Charter with reference to such recall, then
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the County Judge of Denton County, Texas, shall discharge any of such duties herein provided to
be discharged by the person performing the duties of Town Secretary, or by the Council.
Article VII. Legislation By The People, Initiative and Referendum
7.01
Initiative Generally
The people of the Town reserve the power of direct legislation by initiative, and in the exercise of
such power, may propose any ordinance not in conflict with this Charter, the State Constitution or
the State laws, except an ordinance appropriating money or authorizing the levy of taxes or an
ordinance repealing an ordinance appropriating money or levying taxes.
7.02
Petition
Qualified voters of the Town may initiate legislation by submitting a petition addressed to the
Council which requests the submission of a proposed ordinance or resolution to a vote of the
qualified voters of the Town. Said petition must be signed by qualified voters of the Town equal
in number to twenty (20) percent of the number of qualified voters at the last regular municipal
election of the Town, 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 6.02 of this Charter, and shall be verified by oath in the manner
and form provided for recall petitions in Section 6.03 of this Charter. The petition may consist of
one or more copies as permitted for recall petitions in Section 6.04 of this Charter. Such petitions
shall be filed with the person performing the duties of Town Secretary, who after verification of
the petition as provided in Section 6.04 of this Charter, shall present the petition and proposed
ordinance or resolution to the Council at its next regular or special meeting called for this
purpose. Upon presentation to the Council of the petition and draft of the proposal, ordinance or
resolution, it shall become the duty of the Council, within the twenty (20) days from the date of
presentation to determine whether the proposed ordinance complies with Section 7.01 and to
either vote to adopt such ordinance or resolution without alteration as to meaning or effect or to
call a special election. A special election shall be held on the earliest available date in accordance
with the Texas Election Code for which all legal requirements to verify the petition and call the
election may be met. At the election, the qualified voters of the Town shall be allowed the
opportunity to 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.
adopted 5/18/09)
7.03
Referendum
Qualified voters of the Town may require that any ordinance or resolution passed by the Council
be submitted to the voters of the Town for approval or disapproval by submitting a petition for
this purpose within forty-five (45) days after the ordinance or resolution becomes effective. Said
petition shall be addressed, prepared, signed and verified as required for petitions initiating
legislation as provided in Section 7.02 of this Charter and shall be submitted to the person
performing the duties of Town Secretary. The Town Secretary shall present the petition to the
Council at its next regular or special meeting called for this purpose. Upon presentation of the
petition to the Council, it shall become the duty of the Council, within twenty (20) days from the
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date of presentation to reconsider such ordinance or resolution. If Council does not repeal the
ordinance or resolution either in its entirety or as specified in the petition, Council shall call a
special election. Pending the holding of such election, such ordinance or resolution shall be
suspended and shall not later take effect unless a majority of the qualified voters voting thereon at
such election shall vote in favor thereon. A special election shall be held on the earliest available
date in accordance with the Texas Election Code for which all legal requirements to verify the
petition and call the election may be met. At the election, the qualified voters of the Town shall
be allowed the opportunity to vote on the question of approving or disapproving the ordinance or
resolution. 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.
adopted 5/18/09)
7.04
Voluntary Submission of Legislation by the Council
The Council, upon its own motion and by a majority vote of its members, may submit to popular
vote at any election for adoption or rejection any proposed ordinance or resolution or measure, or
may submit for repeal any existing ordinance, 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 for this purpose.
7.05
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”.
7.06
Publication of Proposed and Referred Ordinances
The person performing the duties of Town Secretary shall publish the proposed or referred
ordinance or resolution in accordance with State law, 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.
7.07
Adoption of Ordinances
If a majority of the qualified voters voting on any 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.
7.08
Inconsistent Ordinances
If the provisions of two 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.
7.09
Ordinances Passed by Popular Vote: Repeal or Amendment
No ordinance or resolution which may have been passed by the Council upon a petition or
adopted by popular vote under the provisions of this Article shall be repealed or amended except
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by the Council in response to a referendum petition or by submission as provided in Section 7.04
of this Charter.
7.10
Further Regulations by Council
The Council may pass ordinances or resolutions providing other and further regulations for
carrying out the provisions of this Article not inconsistent herewith.
Article VIII. Municipal Planning and Zoning*
8.01
State Law Adopted - Zoning
The Council shall have the power and authority to zone the Town and to pass all necessary
ordinances, rules and regulations governing same, under and by virtue of the authority given to
cities and the legislative bodies thereof by the Texas Local Government Code, together with all
amendments which may hereafter be made thereto, and all other applicable law.
State law reference–Municipal zoning authority, V.T.C.A., Local Government Code, ch. 211.
8.02
State Law Adopted - Subdivision Regulation
The Council shall have the power and authority to regulate the layout, development and platting
of the subdivisions of land within the Town and its extraterritorial jurisdiction and to pass all
necessary ordinances, rules and regulations governing same, under and by virtue of the authority
given to cities and the legislative bodies thereof by the Texas Local Government Code, together
with all amendments which may hereafter be made thereto, and all other applicable law.
State law reference–Regulation of subdivision and property development, V.T.C.A., Local Government
Code, ch. 212.
8.03
The Planning and Zoning Commission
There shall be established a Planning and Zoning Commission which shall consist of seven (7)
citizens from the Town. The members of said Commission shall be appointed by the Council for
a term of two (2) years. Four (4) members of the Planning and Zoning Commission shall be so
appointed each odd-numbered year and three (3) members shall be so appointed each evennumbered year. The Council shall appoint a chairman from among the Commission’s
membership. Vacancies and unexpired terms shall be filled by the Council for the remainder of
the term. A majority of the members shall constitute a quorum.
A member of the Commission may be removed by a majority vote of the Council. If a vacancy
occurs upon the Planning and Zoning Commission, by either resignation or otherwise, the
Council shall appoint a commissioner to fill such a vacancy for the unexpired term. The
*
State law reference–Planning and zoning generally, V.T.C.A., Local Government Code, chs. 211, 212,
371.
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Commission shall keep minutes of its proceedings which shall be a public record. No member of
the Planning and Zoning Commission shall hold another salaried or elected Town office.
State law reference–Authority of municipality to establish planning and zoning commission, V.T.C.A.,
Local Government Code, sec. 211.007.
8.04
Purpose, Objective, Power and Duties
The Planning and Zoning Commission is created to act as an advisory board to the Council in
matters relating to the physical development of the Town. The Commission is expected to advise
the Council on matters relating to the zoning and planning of land and related public
improvements, civic improvements, opening, widening, and changing of streets, routing of public
utilities, development of regulatory ordinances, annexation proposals/plans and such other
matters related to Town improvements as the Commission and Council may deem beneficial to
the Town. In addition to the other duties and authority that the Commission may have under state
law or under Town ordinance, the specifically delegated duties of the Commission shall be as
follows:
(a)
Recommend a comprehensive master plan for the physical development of the Town
together with its related components;
(b)
Conduct periodic reviews of the Town’s comprehensive master plan and its
component elements to recommend modifications, changes, revisions or updates to
ensure that the comprehensive master plan adequately and accurately reflects the
policy, goals and objectives of the Town;
(c)
Hold required public hearings on any proposed changes to the zoning plan, map, and
ordinances of the Town for the purpose of making recommendations to the Council
on the reasonableness of these proposals;
(d)
Recommend any change to the zoning plan, map or ordinances of the Town where
the Commission deems it necessary in the furtherance of the Town’s comprehensive
master plan;
(e)
Conduct appropriate hearings on any proposals for the subdivision/platting of land
within the corporate limits of the Town and its extraterritorial jurisdiction pursuant to
the provisions of State law and requirements of the Town’s subdivision regulation
ordinances. The Commission shall take action on those proposals as it deems
appropriate and conforming to the requirements of the Town’s comprehensive master
plan. The Commission shall ensure that proposals for subdivision or development of
land are consistent with the Town’s plan components as an element of the review
process. As an element of this Charter, the Town has determined that it is a
reasonable legislative enactment to require subdivision plats to conform to the
Town’s comprehensive master plan and failure to achieve conformance shall be a
legitimate ground for the denial of a development proposal; and,
(f)
The Commission shall hold such hearings and meetings as are mandated by the
Council on any matter determined appropriate by Council to secure information for
the purpose of making recommendations to the Council.
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Home Rule Charter
Board of Adjustment
The Council shall appoint a Board of Adjustment which shall have all of the powers and authority
as set forth by State law, as amended, and other applicable laws, and such additional powers and
privileges as may be duly assigned to it by the ordinances of the Town.
State law reference–Establishment and authority of zoning board of adjustment, V.T.C.A., Local
Government Code, sec. 211.008 et seq.
8.06
Comprehensive Master Plan
No later than two (2) years after the adoption of this Charter, the Council shall adopt a
comprehensive master plan projecting for at least five (5) years the growth and physical
development of the Town pursuant to the provisions of State law. The Council shall establish and
adopt by ordinance a procedure for periodic review and/or revision of the comprehensive master
plan. The Town may adopt the comprehensive master plan by resolution or by ordinance
following a public hearing upon which public input is received. The purpose of the
comprehensive master plan is to guide the growth and development of the Town and to establish
the standards that the Town will seek to attain through the adoption of its development
regulations to include its zoning regulations, subdivision regulations, building and construction
regulations, landscaping regulations, signage regulations and other related police power
enactments. The comprehensive master plan shall identify the goals and objectives of the
community for growth and development and shall serve as the basis of the Town’s capital
improvement program for the development and construction of public works infrastructure.
Article IX. Budget, Finance and Taxation*
9.01
Fiscal Year
The fiscal year of the Town shall begin on the first (1st) day of October and end on the last (30th)
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.
*
State law references–General financial provisions applicable to home-rule municipality, V.T.C.A., Local
Government Code, sec. 101.021 et seq.; municipal budget, V.T.C.A., Local Government Code, ch. 102;
purchasing and contracting authority of municipality, V.T.C.A., Local Government Code, chs. 252, 271;
Public Security Procedures Act, V.T.C.A., Government Code, ch. 1201; municipal bonds, V.T.C.A.,
Government Code, ch. 1331; Texas Property Tax Code supersedes municipal charter, V.T.C.A., Tax Code,
sec. 1.02; local taxation, V.T.C.A., Tax Code, ch. 301 et seq.
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9.02
Home Rule Charter
Submission
The Town Manager shall submit to the Council a proposed budget and accompanying message
each year in accordance with the requirements of State law.
(Section 9.02 added and former Section 9.02 renumbered to 9.04 by May 9, 2009 election,
effected by Ordinance 2009-12, prop. 19, adopted 5/18/09; amended by November 3, 2015
election, effected by Ordinance 2015-41 adopted 11/13/15)
State law reference–Annual budget required, V.T.C.A., Local Government Code, sec. 102.002.
9.03
Budget Message
The Town Manager’s message shall explain the budget both in fiscal terms and in terms of the
work programs, linking those programs to organizational goals and community priorities. It shall
outline the proposed financial policies of the Town for the ensuing fiscal year and the impact of
those policies on future years. It shall describe the important features of the budget, indicate any
major changes from the current year in financial policies, expenditures, and revenues together
with the reasons for such changes, summarize the Town’s debt position, including factors
affecting the ability to raise resources through debt issues, and include such other material as the
Town Manager deems desirable.
(Section 9.03 repealed and replaced by May 9, 2009 election, effected by Ordinance 2009-12,
prop. 19, adopted 5/18/09)
9.04
Budget
The budget shall provide a complete financial plan of all Town funds and activities for the
ensuing fiscal year and, except as required by law or this charter, shall be in such form as the
Town Manager deems desirable or the Council may require for effective management and an
understanding of the relationship between the budget and the Town’s strategic goals. The budget
shall begin with a clear general summary of its contents; shall show in detail all estimated income
citing the source or basis of the estimates, indicating the proposed property tax levy, and all
proposed expenditures, including debt service, for the ensuing fiscal year; and shall be so
arranged as to show comparative figures for actual and estimated income and expenditures of the
current fiscal year and actual income and expenditures of the three prior fiscal years and the
projected budgets for the next three fiscal years; the total of the proposed expenditures shall not
exceed the total estimated income and the balance of available funds. The budget shall indicate in
separate sections:
(a)
The proposed goals and expenditures for current operations during the ensuing fiscal
year, detailed for each fund by department or by other organization unit, and
program, purpose or activity, method of financing such expenditures, and methods to
measure outcomes and performance related to the goals;
(b)
Proposed longer term goals and capital expenditures during the ensuing fiscal year,
detailed for each fund by department or by other organization unit when practicable,
the proposed method of financing each such capital expenditure, and methods to
measure outcomes and performance related to the goals; and
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(c)
Home Rule Charter
The proposed goals, anticipated income and expense, profit and loss for the ensuing
year for each utility or other enterprise fund or internal service fund operated by the
Town, and methods to measure outcomes and performance related to the goals. For
any fund, the total of proposed expenditures shall not exceed the total of estimated
income plus carried forward fund balance exclusive of reserves.
prop. 19, adopted 5/18/09; subsections (1)–(3) renumbered to (a)–(c) by Ordinance 2015-43, sec.
2.02, adopted 12/8/15)
State law reference–Itemized budget and contents, V.T.C.A., Local Government Code, sec. 102.003.
9.05
Council Action on Budget
(a) Budget Preparation. The Council shall provide to the Town Manager goals for the next
fiscal period, by the end of January of the current fiscal year.
(b) Notice and Hearing. The Council shall review the proposed budget and revise it as deemed
appropriate prior to general circulation for public hearing. The Council shall publish the general
summary of the budget and 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 weeks after such publication, for public
hearings on the budget.
(c) 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 an estimated cash deficit, provided that no amendment to the budget shall
increase the authorized expenditures to an amount greater than total estimated income plus the
balance of available funds.
(d) Adoption. The Council shall adopt the budget by ordinance not later than the 30th day of
September. Adoption of the budget shall constitute appropriations of the amount specified as
expenditures from the fund indicated.
(e) Failure to Adopt a Budget. If the Council fails to adopt the budget by the beginning of the
fiscal year, the amounts appropriated for the current fiscal year shall be deemed adopted for the
ensuing fiscal year until the Council adopts a budget for the ensuing fiscal year.
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(f) “Publish” defined. As used in this article, the term “publish” means to print in the
contemporary means of information sharing, which includes but is not limited to, one or more
newspapers of general circulation in the Town, and, if available, in a web site.
State law references–Public hearing on proposed budget, V.T.C.A., Local Government Code, sec.
102.006; special notice by publication for budget hearing, V.T.C.A., Local Government Code, sec.
102.0065; adoption of budget, V.T.C.A., Local Government Code, sec. 102.007.
9.06
Amendment after Adoption
(a) Supplemental Appropriations. If during or before the fiscal year the Town Manager
certifies that there are available for appropriation revenues in excess of those estimated in the
budget, the Council by ordinance may make supplemental appropriations for the year up to the
amount of such excess[.]
(b) Emergency Appropriations. To address a public emergency affecting life, health, property
or the public peace, the Council may make emergency appropriations. Such appropriations may
be made by emergency ordinance. To the extent that there are no available unappropriated
revenues or a sufficient fund balance 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, but the emergency notes and renewals of any fiscal year shall be paid or refinanced
as long term debt not later than the last day of the fiscal year next succeeding that in which the
emergency appropriation was made.
(c) Reduction of Appropriations. If at any time during the fiscal year it appears probable to the
Town Manager that the revenues or fund balances available will be insufficient to finance the
expenditures for which appropriations have been authorized, the Town Manager shall report to
the Council without delay, indicating the estimated amount of the deficit, any remedial action
taken by the Town Manager and recommendations as to any other steps to be taken. The Council
shall then take such further action as it deems necessary to prevent or reduce any deficit and for
that purpose it may by ordinance reduce or eliminate one or more appropriations.
(d) Transfer of Appropriations. At any time during or before the fiscal year, the Council may
by resolution transfer part or all of the unencumbered appropriation balance from one department,
fund, service, strategy or organizational unit to the appropriation for other departments or
organizational units or a new appropriation. The Town Manager may transfer funds among
programs within a department, fund, service, strategy or organizational unit and shall report such
transfers to the Council in writing in a timely manner.
(e) Limitation. No appropriation for debt service may be reduced or transferred, except to the
extent that the debt is refinanced and less debt service is required, and no appropriation may be
reduced below any amount required by law to be appropriated or by more than the amount of the
unencumbered balance thereof.
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(f) Effective Date. The supplemental and emergency appropriations and reduction or transfer
of appropriations authorized by this section may be made effective immediately upon adoption.
State law references–Levy of taxes and expenditure of funds under budget, emergency expenditure,
V.T.C.A., Local Government Code, sec. 102.009; changes in budget for municipal purposes, V.T.C.A.,
Local Government Code, sec. 102.010.
9.07
Administration and Fiduciary Oversight of the Budget
The Council shall provide by ordinance the procedures for administration and fiduciary oversight
of the budget.
9.08
Capital Program
(a) Submission to Council. The Town Manager shall prepare and submit to the Council a five
(5) year capital program before the first day of August of each year. The capital program shall be
revised and extended each year with regard to capital improvements still pending or in process of
construction or acquisition.
(b)
Contents. The capital program shall include:
(1)
A clear general summary of its contents;
(2)
Identification of the long-term goals of the community as identified by the Council;
(3)
A list of all capital improvements (facilities and property) and other capital
expenditures which are proposed to be undertaken during the five (5) fiscal years
next ensuing, with appropriate supporting information as to the necessity for each;
(4)
Cost estimates and recommended time schedules for each improvement or other
capital expenditure;
(5)
Method of financing upon which each capital expenditure is to be reliant;
(6)
The estimated annual cost of operating and maintaining the facilities to be
constructed or acquired;
(7)
A commentary on how the plan addresses the sustainability of the community and the
region of which it is a part; and
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(8)
Home Rule Charter
Methods to measure outcomes and performance of the capital plan related to the
long-term goals of the community.
(Section 9.08 added and former Section 9.08 renumbered to 9.10 by May 9, 2009 election,
effected by Ordinance 2009-12, prop. 19, adopted 5/18/09. Subsection (a) amended by May 11,
2013 election, effected by Ordinance 2013-15, prop. 15, adopted 5/21/13)
State law reference–Financing capital improvements required by new development, V.T.C.A., Local
Government Code, ch. 395.
9.09
Audit and Examination of Town Books and Accounts
The Council shall cause an independent annual audit to be made of the books and accounts of
every department of the Town and may provide for more frequent audits as it deems necessary.
Such audit shall be made by a Certified Public Accountant who shall be selected by the Council
and who shall have no interest, direct or indirect, in the financial affairs of the Town government
or in any of its officers. The Council may designate such accountant or firm annually or for a
period not exceeding two (2) years, provided that the designation for any particular year shall be
made no later than thirty (30) days after the beginning of such fiscal year. Nothing herein shall
prevent the Council from redesignating the same accountant or firm which has previously been
designated to prepare an audit. No Certified Public Accountant shall serve more than six (6)
consecutive years.
(Section 9.09 repealed and Section 3.20 renumbered to become the new Section 9.09 by May 9,
2009 election, effected by Ordinance 2009-12, prop. 19, adopted 5/18/09)
State law reference–Audit of municipal finances, V.T.C.A., Local Government Code, ch. 103.
9.10
Defect Shall Not Invalidate Tax Levy
Errors or defects in the form or preparation of the budget or the failure to perform any procedural
requirements shall not nullify the tax levy or the tax rate.
(Former Section 9.08 renumbered to 9.10 by May 9, 2009 election, effected by Ordinance 200912, prop. 19, adopted 5/18/09)
9.11
Public Records
Copies of the approved operation budget, capital facilities and property budget and supporting
papers shall be filed with the Town Secretary and shall be public records available to the public
for inspection upon request[.]
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9.12
Home Rule Charter
Specified Reserve Fund
Specified reserve funds may be created for specific purposes, and may be used only for such
purposes.
9.13
Changes in Budget
The Council may make changes in the budget for any municipal purpose or as otherwise
permitted by law.
State law reference–Changes in budget for municipal purposes, V.T.C.A., Local Government Code, sec.
102.010.
9.14
Authority to Incur Indebtedness
The Council shall have the power to incur, create, refund and refinance indebtedness and borrow
money for public purposes, to issue special or general obligation bonds, revenue bonds, funding
and refunding bonds, time warrants, certificates of obligation and other evidences of indebtedness
and to secure and pay the same in the manner and in accordance with the procedures provided
and required by State law.
State law reference–Municipal bonds, V.T.C.A., Government Code, ch. 1331.
9.15
Bonds Incontestable
All bonds of the Town 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.
9.16
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.
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9.17
Home Rule Charter
Use of Bond Funds
Any and all bond funds approved by a vote of the qualified voter[s] of the Town will be expended
only for the purposes stated in the bond issue and as otherwise authorized by law.
(Former Section 9.21 renumbered to 9.17 amended by May 9, 2009 election, effected by
Ordinance 2009-12, prop. 19, adopted 5/18/09)
9.18
Power to Tax
The Council shall have the power to levy, assess and collect taxes within the jurisdiction of the
Town for any municipal purpose.
State law references–Local taxation, V.T.C.A., Tax Code, ch. 301 et seq.; property taxes authorized,
V.T.C.A., Tax Code, sec. 302.001; occupation taxes, V.T.C.A., Tax Code, sec. 302.101; tax collection
powers, V.T.C.A, Tax Code, sec. 302.102.
9.19
Tax Rate
The tax rate shall be calculated, publicized and adopted in accordance with State law.
9.20
Other Rules and Regulations
Except as otherwise provided by law or this Charter, the Council shall have the power to provide
by ordinance or resolution such rules, regulations and mode of procedure to enforce and facilitate
the collection by and payment to the Tax Assessor and Collector of all taxes due the Town as it
may deem expedient, and may provide such penalty and interest as prescribed by State law for the
failure to pay such taxes.
Article X. Franchises and Public Utilities*
10.01
Inalienability of Control of Public Property
The right of control and use of the public streets, highways, sidewalks, bridges, alleys, parks,
public squares, and all public places and real property of the Town is hereby declared to be
*
State law references–Franchise to use streets in municipality, V.T.C.A., Transportation Code, sec.
311.071 et seq.; authority to grant franchise to use or occupy public grounds, V.T.C.A., Local Government
Code, sec. 282.003; municipal home-rule powers to regulate public utilities and franchises using streets,
etc., V.A.C.S., art. 1175; municipal utilities, V.T.C.A., Local Government Code, sec. 552.001 et seq.
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Home Rule Charter
inalienable by the Town, except by ordinances not in conflict with the provisions of this Charter.
No act or omission by the Council, an Officer or Agent of the Town, or any third party shall be
construed to grant, renew, extend, or amend, expressly or by estoppel or implication, any right,
franchise, or easement affecting such public streets, highways, sidewalks, bridges, alleys, parks,
public squares, and all public places and real property of the Town, except as provided in this
Charter.
10.02
Powers of the Town
The Town shall have the power, right and authority, to buy, construct, lease, maintain, operate
and regulate public utilities, and to manufacture, distribute and sell the output of such utilities’
operations. Additionally, the Town shall have all further rights, authorities, and powers as may
now, or hereafter, be granted under the Constitution and laws of the State of Texas.
10.03
Power to Grant Franchise
The Council shall have the power by ordinance, after public hearing, to grant, renew, and extend
all franchises of every character operating within the Town and to amend the same, provided,
however, that no franchise shall be granted for an indeterminate term. No grant or franchise to
construct, maintain, or operate and no renewal or extension of such grant shall be exclusive. All
required publication costs shall be paid by the franchisee.
adopted 5/18/09)
10.04
Franchise Value Not to be Allowed
In fixing reasonable rates and charges for utility service within the Town and in determining the
just compensation to be paid by the Town for the public utility property which the Town may
acquire by condemnation or otherwise, nothing shall be included as the value of any franchise
granted by the Town under this Charter.
10.05
Right of Regulation
All grants, removals, extensions, or amendments of public utility franchises approved after the
effective date of this Charter, whether or not it be specifically provided in the ordinance
approving a franchise or in a franchise agreement, shall be subject to right and power of the
Council:
(a)
To repeal the franchise ordinance at any time upon the failure of the grantee to
comply with any provision of the franchise ordinance, the Charter of the Town, an
applicable statute of the State of Texas, or the rules of any applicable governing
body;
(b)
To require proper and adequate extension of plant and service, and the maintenance
of the plant and fixtures at the highest reasonable standard of efficiency;
(c)
To establish reasonable standards of service and quality of products and prevent
unjust discrimination in service or rates;
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10.06
Home Rule Charter
(d)
At any time, to examine and audit the accounts and other records of any such utility,
and to require annual, and other reports, including reports on operations within the
Town;
(e)
To require at any time compensation and rental for use of public streets, sidewalks,
highways, bridges, alleys, and public places;
(f)
To require the franchisee to restore at the franchisee’s expense, all public or private
property to a condition equally as good as or better than before disturbed by
construction, repair or removal. The franchise holder in opening and refilling of all
earth openings shall repair the pavement and do all other work necessary to complete
restoration of streets, sidewalks or grounds to a condition equally as good or better as
when disturbed;
(g)
To require every franchisee to furnish within a reasonable time to the Town, without
cost to the Town, a general map, with updates outlining the location, character, size,
length, and terminals of all facilities of such franchisee in, over, and under ground of
property in the Town and to provide detailed information on request in a format as
specified by the Town;
(h)
To impose other regulations, requirements, and conditions as may be deemed
necessary to promote the health, safety, welfare, or accommodation of the public and
to insure safe, efficient and continuous service to the public;
(i)
To require such compensation and rental as may be permitted by the laws of the State
of Texas; and,
(j)
To require the franchisee to remove, at its sole expense, infrastructure that has not
been used for a period of six months or to require a franchisee whose franchise has
terminated for any reason to remove, at its sole expense, such infrastructure as the
Council may in its discretion require.
Consent of Property Owner
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 this property as now or hereafter provided by law.
10.07
Extensions
All extensions of public utilities within the town 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 franchise grant made to such public
utility. The right to use and maintain any extensions shall terminate with the termination of the
original franchise grant, and shall be terminable as provided in Section 10.04 of this Charter. 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.
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10.08
Home Rule Charter
Other Conditions
All franchises heretofore granted are recognized as contracts between the Town and the
franchisee, 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 Town to exercise the right of eminent
domain in the acquisition of utility property is in all things reserved, and except the general power
of the Town, to regulate the rates and services of a grantee, which shall include the right to
require proper and adequate extension of plant and service and the maintenance of the franchise
hereafter granted shall be held subject to all the 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 Council, or voters of the Town, in imposing terms and conditions as may be reasonable in
connection with any franchise granted.
10.09
Accounts of Municipally Owned Utilities
Accounts shall be kept for each public utility owned or operated by the Town, in such manner as
to show the true and complete financial results of such ownership and operation, including all
assets and all liabilities, appropriately subdivided by classes, depreciation reserve, other reserves
and surplus; also revenues, operating expenses including depreciation interest payments, rental
and other disposition of annual income. The accounts shall show actual capital cost to the Town
of each public utility owned, also 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 to or rendered by any such utility to any Town department. The Council shall
cause an annual report to be made by a Certified Public Accountant and shall publish such report,
showing the financial results of such Town ownership and operation, giving the information
specified in this section and such other data as the Council shall deem expedient.
10.10
Sales of Electricity, Water and Sewer Service
(a) The Council shall have the right, power and authority to sell and distribute electricity and
water, and to sell and provide for sewer services, and any other utilities, to any person, firm or
corporation inside or outside the limits of the Town, and to permit them to connect with said
system under contract with the Town, under such terms and conditions as may appear to be for
the best interest of the Town.
(b) The Council shall have the right, power and authority to prescribe the kind of materials
used inside or outside the limits of the Town in the construction of electric, water and sewer
utilities, where it furnishes the service, and to inspect the same and require them to keep 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.
10.11
Regulation of Rates and Service
The Council shall have the absolute right, authority and power after due notice and hearing, to
regulate by ordinance, the rates and services of every franchise operating in the Town; and shall
have the power to employ, at the expense of the franchisee, expert assistance and advice in
determining a reasonable rate and equitable profit to the franchisee. The Council shall also have
the right, authority, and power to require at any time or times, detailed reports and financial
statements on the operations of any franchise, which reports and statements shall be in such form,
and contain such information, as the Council shall prescribe.
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Article XI. General Provisions
11.01
Charter Authority
This Charter shall not be construed as a mere grant of enumerated powers, but shall be construed
as a general grant of power, and not as a limitation of power on the government of the Town.
Except where expressly prohibited by this Charter, each and every power under the Constitution
of Texas, which it would be competent for the people of the Town to grant expressly to the Town,
shall be construed to be granted to the Town by this Charter.
11.02
Public Records
Access to the records of every office, department or agency of the Town shall be subject to public
inspection as provided by law. This section shall not be construed to require any action or
measure beyond that required by state law.
State law references–Public access to records, V.T.C.A., Local Government Code, sec. 201.009; public
information, V.T.C.A., Government Code, ch. 552.
11.03
Property Not Subject to Execution
No property owned or held by the Town shall be subject to any execution of any kind or nature.
No lien of any kind or character can be created, and none shall ever exist or be established, on or
against the public buildings, property, public halls, parks, or public works or any other asset of
the Town.
State law reference–Authority relating to property, V.T.C.A., Local Government Code, sec. 51.076.
11.04
Town Not Required to Give Security or Execute Bond
It shall not be necessary in any action, suit or proceeding in which the Town is a party, for any
bond, undertaking, or security to be demanded or executed by or on behalf of the Town in any of
the State courts, but in all such actions, suits, appeals or proceedings, same shall be conducted in
the same manner as if such bond, undertaking or security had been given as required by law.
State law reference–Cities exempt from security for court costs, V.T.C.A., Civil Practice and Remedies
Code, sec. 6.002.
11.05
Notice of Injury or Damage
(a) Before the Town shall be liable for any claim for damages for the death or personal injuries
of any person or for damages to property, the complainant or his authorized representative shall
notify the Town Secretary in accordance with this Section. The notification shall be in writing
and shall state specifically how, when and where the death, injury or damage occurred; the
amount of loss claimed; and the identity of any witnesses upon whom it is relied to establish the
claim. The notification shall be filed within sixty (60) days of the date of injury or damage or in
the case of death, within sixty (60) days of the date of death.
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(b) No provision of this section shall ever be so construed as to expand the ordinary liability of
the Town; and provided, that nothing herein contained shall be construed to mean that the Town,
waives any rights, privileges, defenses or immunities in tort actions which are provided under the
common law, the Constitution, and general laws of the State of Texas.
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
11.06
Powers to Remit Penalties
The governing body shall have the right to remit, in whole or in part, any civil fine or penalty
belonging to the Town, which may be imposed under any ordinance passed pursuant to this
Charter.
11.07
Property Not Exempt from Special Assessments
No property of any kind regardless of the ownership of the property, (except property of the
Town), shall be exempt in any way from any of the special taxes, charges, levies and assessments,
authorized or permitted by this Charter, for local improvement, for the public welfare except
where such exemption is required by law or where Council has the discretion to authorize such
exemption and a majority of Council votes to approve such exemption.
11.08
Town Depository
The provisions of the State laws governing the selection and designation of a Town depository
are hereby adopted as the law governing the selection and designation of a depository of and for
the Town.
State law reference–Depositories for municipal funds, V.T.C.A., Local Government Code, ch. 105.
11.09
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, without further proof.
11.10
Severability Clause
If any section or part 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 any entire section, or part
of section, may be inseparably connected in meaning and effect, with the section or part of [the]
section to which such holding shall directly apply. The Charter is translated in Spanish. For
purposes of interpretation and enforcement, in the event of conflict, the English version of the
Charter shall prevail.
11.11
Construction of Charter
The provisions of this Charter shall be construed for the purpose of effecting the objects and ends
thereof. All references to state law or laws of the State of Texas, however expressed, shall mean
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“as presently enacted or hereinafter enacted.” All gender references shall be interpreted to include
both masculine and feminine.
11.12
Renumber, Rename,
Grammatical Error Correction
Rearrange,
Clerical,
Typographical
and
The Council shall have the power, by ordinance, to renumber, rename and rearrange all articles,
sections and paragraphs of this Charter, or any amendments thereto, and to correct clerical,
typographical or grammatical errors within the Charter, as it shall deem appropriate, provided that
such action does not change the meaning or effect of any part hereof, and, upon the passage of
any such ordinance, a copy thereof, certified by the Town Secretary, shall be forwarded to the
Secretary of State of the State of Texas for filing.
adopted 5/21/13)
11.13
Amendment to Charter
Amendments to this Charter may be framed and submitted to the voters of the Town in the
manner provided by State law.
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.
11.14
Code of Ethics and Conduct; Ethics Commission
(a) The Town Council shall adopt by ordinance a code of ethics and conduct that is consistent
with the provisions of this Charter and applicable to elected officers, appointed board,
commission, and committee members, and employees of the Town.
(b) The Town Council shall establish by ordinance an independent Ethics Commission to
administer and enforce the Code of Ethics and Conduct ordinance. No member of the
Commission may hold elective or appointed office under the Town or any other government or
hold any political party office. The Town Council shall appropriate sufficient funds to the Ethics
Commission to enable it to perform the duties assigned.
(Section 11.14 added by May 9, 2009 election, effected by Ordinance 2009-12, prop. 21, adopted
5/18/09)
11.15
Charter Review Commission
The Council shall appoint a Charter Review Commission at intervals of not more than seven (7)
years. The Commission shall consist of nine (9) qualified voters of the Town. Each council
member shall appoint one member to serve on the Charter Review Commission, and remaining
members shall be appointed by vote of the Council. The Commission shall review the Town
Charter and make Charter amendment recommendations, where appropriate, that will help protect
C-47
Home Rule Charter
or enhance the rights, powers and benefits of all Trophy Club residents. It shall be the duty of the
Charter Review Commission to:
(a)
Inquire into the operation of the Town government under the Charter and determine
whether any provisions require revision. To this end, public hearings may be held;
(b)
Propose any recommendations it deems desirable to ensure compliance with this
Charter;
(c)
Propose amendments to this Charter to improve its effective application to current
conditions; and
(d)
Report its findings and present its proposed amendments to the Town Council.
The Council shall receive and have published in the Town’s official newspaper the Charter
Review Commission’s final report. It shall consider any recommendations and, if any
amendments are presented, may order the amendment or amendments submitted to the voters of
the Town.
The term of office of [the] Commission shall be six (6) months or longer if extended by the
Council and, at the completion of such term, a report of the proceedings of the Commission shall
be filed with the Town Secretary and shall become public record.
(Section 11.15 added by May 9, 2009 election, effected by Ordinance 2009-12, prop. 22, adopted
5/18/09. First paragraph amended by May 11, 2013 election, effected by Ordinance 2013-15,
prop. 17, adopted 5/21/13; grammatical error corrected by Ordinance 2015-43, sec. 2.03, adopted
12/8/15)
Article XII. Transitional Provisions
12.01
Interim Municipal Government
Nothing in this Charter except as otherwise specifically provided shall affect or impair the rights
or privileges of persons who are Town officers or employees at the time of its adoption.
12.02
Persons Serving on Boards, Commissions or Corporations
Persons serving on any board, commission or corporation at the time of the adoption of this
Charter shall continue to serve until their term shall have expired or until their successors shall
have qualified.
12.03
Effect of this Charter on Existing Law
All ordinances, resolutions, rules and regulations in force in the Town on the effective date of this
Charter, and not in conflict with this Charter, shall remain in force until altered, amended or
repealed. All taxes, assessments, liens, encumbrances and demands, of or against the Town, fixed
or established before or on the effective date of this Charter shall be valid when properly fixed or
established either under the law in force at the time of beginning of such proceedings or under the
law after the adoption of this Charter.
C-48
12.04
Home Rule Charter
Continuance of Contracts, Franchises and Succession of Rights
All contracts including without limitation franchises entered into by the Town or for its benefit
prior to the taking effect of this Charter shall continue in full force and effect. Public
improvements for which legislative steps have been taken under laws or ordinances existing at the
time this Charter takes effect may be carried to completion in accordance with the provisions of
such existing laws or ordinances. All suits, taxes, penalties, forfeitures and all other rights, claims,
and demands, which have accrued under the laws, heretofore in force governing the Town shall
belong to and be vested in and shall be prosecuted by and for the use and benefit of the
corporation hereby created, and shall not in any way be diminished, affected or prejudiced by the
adoption and taking effect of this Charter.
12.05
Submission of Charter to Voters
The Charter Commission in preparing this Charter concludes that it is impracticable to segregate
each subject so as to permit a vote of “yes” or “no” on the same, for the reason that the Charter is
so constructed that in order to enable it to work and function it is necessary that it should be
adopted in its entirety. For these reasons, the Charter Commission directs that the said Charter be
voted upon as a whole and that it shall be submitted to the qualified voters of the Town at an
election to be held for that purpose on Tuesday, November 2, 2004. Not less than thirty days prior
to such election, the Council shall cause the Town Secretary to mail a copy of this Charter to each
qualified voter of the Town as appears from the latest certified list of registered voters. If a
majority of the qualified voters voting in such election shall vote in favor of the adoption of this
Charter, it shall immediately become the governing law of the Town, until amended or repealed.
The form of the ballot for use in such election shall be as follows:
FOR THE ADOPTION OF THE CHARTER
AGAINST THE ADOPTION OF THE CHARTER
C-49
CHAPTER 1
GENERAL PROVISIONS
ARTICLE 1.01 CODE OF ORDINANCES................................................................................. 1-7
Sec. 1.01.001
Adoption................................................................................................ 1-7
Sec. 1.01.002
Designation and citation of code ........................................................... 1-7
Sec. 1.01.003
Catchlines of articles, divisions and sections ........................................ 1-7
Sec. 1.01.004
Definitions and rules of construction..................................................... 1-7
Sec. 1.01.005
Severability of parts of code................................................................ 1-10
Sec. 1.01.006
Repeal of ordinances ........................................................................... 1-10
Sec. 1.01.007
Amendments or additions to code ....................................................... 1-10
Sec. 1.01.008
Supplementation of code ..................................................................... 1-10
Sec. 1.01.009
General penalty for violations of code; continuing violations............. 1-11
ARTICLE 1.02 ADMINISTRATION........................................................................................ 1-12
Sec. 1.02.001 Signature authority of mayor and town manager ....................................... 1-12
ARTICLE 1.03 TOWN COUNCIL............................................................................................ 1-13
Division 1. Generally............................................................................................................... 1-13
Division 2. Meetings and Rules of Procedure ......................................................................... 1-13
Sec. 1.03.031
Authority ............................................................................................. 1-13
Sec. 1.03.032
General rules........................................................................................ 1-13
Sec. 1.03.033
Types of meetings................................................................................ 1-15
Sec. 1.03.034
Chairman ............................................................................................. 1-15
Sec. 1.03.035
Order of business; agenda ................................................................... 1-16
Sec. 1.03.036
Ordinances, resolutions and motions................................................... 1-19
Sec. 1.03.037
Rules of decorum................................................................................. 1-19
Sec. 1.03.038
Parliamentary motions and precedence ............................................... 1-20
Sec. 1.03.039
Creation of committees, boards and commissions .............................. 1-21
ARTICLE 1.05 CODE OF ETHICS AND CONDUCT............................................................. 1-22
Sec. 1.05.001
Policy; applicability............................................................................. 1-22
Sec. 1.05.002
Principles of conduct ........................................................................... 1-22
Sec. 1.05.003
Definitions ........................................................................................... 1-23
Sec. 1.05.004
Standards of conduct; prohibited acts.................................................. 1-25
Sec. 1.05.005
Disclosure of interest; abstention from voting .................................... 1-27
Sec. 1.05.006
Ethics review commission................................................................... 1-28
Sec. 1.05.007
Disposition of alleged violations ......................................................... 1-29
Sec. 1.05.008
Request for review of allegations ........................................................ 1-35
Sec. 1.05.009
Culpability ........................................................................................... 1-35
Sec. 1.05.010
False complaints .................................................................................. 1-35
Sec. 1.05.011
Penalties............................................................................................... 1-36
ARTICLE 1.06 EMERGENCY MANAGEMENT.................................................................... 1-36
Sec. 1.06.001
Organization ........................................................................................ 1-36
Sec. 1.06.002
Powers and duties of emergency management director ...................... 1-36
Sec. 1.06.003
Emergency management plan.............................................................. 1-38
Sec. 1.06.004
Interjurisdictional program.................................................................. 1-38
Sec. 1.06.005
Override............................................................................................... 1-38
1-1
Chapter 1: General Provisions
Sec. 1.06.006
Liability ............................................................................................... 1-38
Sec. 1.06.007
Commitment of funds.......................................................................... 1-38
Sec. 1.06.008
Offenses............................................................................................... 1-39
Sec. 1.06.009
Penalty ................................................................................................. 1-39
ARTICLE 1.07 RECORDS ........................................................................................................ 1-39
Division 2. Records Management ........................................................................................... 1-39
Sec. 1.07.031
Policy................................................................................................... 1-39
Sec. 1.07.032
Definitions ........................................................................................... 1-40
Sec. 1.07.033
Town records declared public property ............................................... 1-41
Sec. 1.07.034
Designation of records management officer........................................ 1-41
Sec. 1.07.035
Records management plan to be developed; approval of plan;
authority of plan ................................................................................ 1-42
Sec. 1.07.036
Duties of records management officer................................................. 1-42
Sec. 1.07.037
Records control schedules to be developed; approval; filing with
state.................................................................................................... 1-43
Sec. 1.07.038
Implementation of records control schedules; destruction of
records under schedule ...................................................................... 1-44
Sec. 1.07.039
Destruction of unscheduled records .................................................... 1-44
Sec. 1.07.040
Records center ..................................................................................... 1-44
Sec. 1.07.041
Alternative storage methods ................................................................ 1-44
Division 2. Open Records........................................................................................................ 1-45
Sec. 1.07.061
Use of facsimile or protected document format for providing
information ........................................................................................ 1-45
Sec. 1.07.062
Thirty-six hour time limit .................................................................... 1-45
ARTICLE 1.08 PARKS AND RECREATION.......................................................................... 1-45
Division 2. Parks and Recreation Board.................................................................................. 1-45
Sec. 1.08.031
Definitions ........................................................................................... 1-45
Sec. 1.08.032
Board established; membership; meetings .......................................... 1-46
Sec. 1.08.033
Powers and duties ................................................................................ 1-47
Sec. 1.08.034
Procedures ........................................................................................... 1-49
Division 3. Park Regulations................................................................................................... 1-49
Sec. 1.08.061
Park property generally; prohibited acts.............................................. 1-49
Sec. 1.08.062
Vehicular regulations........................................................................... 1-51
Sec. 1.08.063
Roller skates, roller blades, in-line skates, skateboards, coasters,
scooters and bicycles ......................................................................... 1-52
Sec. 1.08.064
Use of tobacco products ...................................................................... 1-52
Sec. 1.08.065
Unshelled nuts and seeds..................................................................... 1-52
Sec. 1.08.066
Freedom Dog Park............................................................................... 1-52
Sec. 1.08.067
Exemptions.......................................................................................... 1-53
Division 4. Trophy Club Park ................................................................................................. 1-53
Part I. In General.................................................................................................................. 1-53
Sec. 1.08.091
Definitions ........................................................................................... 1-53
Sec. 1.08.092
Hours open to public; signage ............................................................. 1-55
Sec. 1.08.093
General prohibitions ............................................................................ 1-55
Sec. 1.08.094
Exemptions.......................................................................................... 1-59
Sec. 1.08.095
Adoption of additional regulations ...................................................... 1-59
1-2
Sec. 1.08.096
Operation of vehicles generally........................................................... 1-59
Sec. 1.08.097
All-terrain vehicles, motorcycles, mopeds and motor-driven cycles .. 1-60
Sec. 1.08.098
Usage fees............................................................................................ 1-61
Part II. Special Event Permit................................................................................................ 1-62
Sec. 1.08.121
Application .......................................................................................... 1-62
Sec. 1.08.122
Denial; conditions or restrictions......................................................... 1-63
Sec. 1.08.123
Appeals................................................................................................ 1-64
ARTICLE 1.09 SPECIAL EVENTS.......................................................................................... 1-65
Sec. 1.09.001
Definitions ........................................................................................... 1-65
Sec. 1.09.002
Special events coordinator................................................................... 1-66
Sec. 1.09.003
Permit required; exemptions................................................................ 1-67
Sec. 1.09.004
Application for permit ......................................................................... 1-68
Sec. 1.09.005
Permit fee; reimbursable costs............................................................. 1-69
Sec. 1.09.006
Indemnification, insurance and bonding ............................................. 1-70
Sec. 1.09.007
Denial or revocation of permit ............................................................ 1-71
Sec. 1.09.008
Appeals................................................................................................ 1-72
Sec. 1.09.009
Number of events; hours of operation; duration.................................. 1-73
Sec. 1.09.010
Parking requirements; fire lanes.......................................................... 1-73
Sec. 1.09.011
Miscellaneous requirements ................................................................ 1-74
ARTICLE 1.10 ENVIRONMENTAL PROTECTION .............................................................. 1-75
Division 2. Water Conservation and Drought Response......................................................... 1-75
Part I. In General.................................................................................................................. 1-75
Part II. Lawn and Landscape Irrigation Conservation ......................................................... 1-75
Sec. 1.10.061
Penalty ................................................................................................. 1-75
Sec. 1.10.062
Restrictions.......................................................................................... 1-75
Sec. 1.10.063
Rain-sensing devices and freeze gauges.............................................. 1-76
Sec. 1.10.064
Variances ............................................................................................. 1-76
Sec. 1.10.065
Appeals................................................................................................ 1-77
Sec. 1.10.066
Exemptions.......................................................................................... 1-77
Part III. Drought Contingency Plan ..................................................................................... 1-78
Sec. 1.10.091
Policy, purpose and intent; applicability ............................................. 1-78
Sec. 1.10.092
Policy statement; year-round water management and
conservation requirements................................................................. 1-78
Sec. 1.10.093
Definitions ........................................................................................... 1-79
Sec. 1.10.094
Enforcement; penalty........................................................................... 1-81
Sec. 1.10.095
Notification of drought conditions ...................................................... 1-81
Sec. 1.10.096
Restrictions during Stage 1.................................................................. 1-82
Sec. 1.10.097
Sec. 1.10.098
Sec. 1.10.099
Termination of restrictions .................................................................. 1-86
[Next page is 1-7.]
1-3
ARTICLE 1.01 CODE OF ORDINANCES*
Sec. 1.01.001
Adoption
There is hereby adopted the Code of Ordinances of the Town of Trophy Club, 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, Town of Trophy Club, 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 town council,
the following rules shall be observed, unless such construction would be inconsistent with the
manifest intent of the town council:
Generally. Words shall be construed in their common and usual significance unless the contrary
is clearly indicated.
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 “town council” or “the council” is used, it shall mean
the town council of the Town of Trophy Club, 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 Denton and/or the County
of Tarrant, Texas.
*
State law reference–Authority of municipality to codify ordinances, V.T.C.A., Local Government Code,
ch. 53.
1-7
Delegation of authority. Whenever a provision of this Code of Ordinances requires or authorizes
an officer or employee of the town 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 town.
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.
1-8
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.
State law reference–“Preceding” defined, V.T.C.A., Government Code, sec. 312.011.
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).
Town and city. Each means the Town of Trophy Club, Texas.
Town administrator, town manager, town secretary, chief of police or other town officers. The
term “town administrator,” “town manager,” “town secretary,” “chief of police” or other town
officer or department shall be construed to mean the town administrator, town manager, town
secretary, chief of police or such other municipal officer or department, respectively, of the Town
of Trophy Club, Texas.
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.
1-9
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.
(Ordinance adopting Code)
Sec. 1.01.005
Severability of parts of code
It is hereby declared to be the intention of the town 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 town 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 town 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.
Sec. 1.01.008
Supplementation of code
(a) By contract or by town personnel, supplements to this code shall be prepared and printed
whenever authorized or directed by the town council. A supplement to the code shall include all
substantive permanent and general parts of ordinances passed by the town council 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.
1-10
(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 town 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) A person convicted of an offense under title 7, subtitle C, Transportation Code (the
Uniform Act Regulating Traffic on Highways) for which another penalty is not provided shall be
punished by a fine of not less than one dollar ($1.00) or more than two hundred dollars ($200.00)
plus such other penalties and costs as may be provided by such subtitle C.
(d) 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
1-11
any ordinance that is punishable by a fine that exceeds five hundred dollars ($500.00) shall
require a culpable mental state.
(e) No penalty shall be greater or less than the penalty provided for the same or a similar
offense under the laws of the state.
(f) 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.
(g) 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 town. In addition to the penalty prescribed
above, the town 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.
ARTICLE 1.02 ADMINISTRATION*
Sec. 1.02.001 Signature authority of mayor and town manager
(a) Mayor. The mayor of the town or designee (hereinafter “mayor”) is hereby authorized to
execute all documents as authorized by the town’s home rule charter.
(b) Town manager. The following contracts may be entered into and executed on behalf of the
town by the town manager or designee (hereinafter “town manager”) without further council
authorization:
(1)
Contracts for the purchase of goods or services equal to or less than twenty-five
thousand dollars ($25,000.00) for which funds have been budgeted or anticipated in
the fiscal year during which payment is due;
(2)
Contracts for the purchase of goods or services in excess of twenty-five thousand
dollars ($25,000.00) for which funds have been budgeted in the fiscal year during
which payment is due and which are purchased from a cooperative purchasing
vendor approved by resolution in accordance with the town’s procurement policies
and procedures;
(3)
Contracts for goods or services which do not require an expenditure of funds and
which are determined necessary for the efficient operation of the town and the
implementation of the final budget;
(4)
Contracts for the use of town-owned facilities;
*
Charter references–Form of government, section 1.02; powers of the town, article II; administrative
services, article IV; fiscal year, section 9.01.
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(5)
An individual contract change order for an amount of ten thousand dollars
($10,000.00) or less or multiple contract change orders with a cumulative total of
twenty-five thousand dollars ($25,000.00) or less;
(6)
Settlement agreements after approval by the town council;
(7)
Contracts for purchases made pursuant to the emergency management policy and
procedure for the town in effect at the time of the purchase; and
(8)
Contracts for which the town council has otherwise expressly provided authorization
for execution by the town manager.
(Ordinance 2011-22 adopted 6/6/11)
ARTICLE 1.03 TOWN COUNCIL*
Division 1. Generally
Secs. 1.03.001–1.03.030
Reserved
Division 2. Meetings and Rules of Procedure†
Sec. 1.03.031
Authority
Pursuant to section 3.11 of the home rule charter of the town, the town council shall determine its
own rules of procedure. (2006 Code, ch. 1, sec. 6.01(A). See end of this division for full history
for this division.)
Sec. 1.03.032
General rules
(a) Meetings to be public. All official meetings of the town council and all sessions of a
subcommittee of the town council consisting of a quorum of the council shall be public unless
otherwise specified by council.
(b) Quorum. The governing body of the town consists of a mayor and six (6) council members.
Attendance at a council meeting by four (4) of the seven (7) members of the town council
constitutes a quorum for the purpose of a regular or special meeting.
Charter reference–Quorum, section 3.12.
(c) Attendance. As specified in the town charter, should a member of the town council fail to
attend three consecutive regular meetings without being excused by the council, his/her office
may be declared forfeited by the council. A member of the town council who is unable to attend a
council meeting shall notify the town secretary of his/her inability to attend the meeting and shall
provide an explanation of the conflict or other reason that prevents his/her attendance. Notice to
*
Charter references–Council, article III; nominations and elections, article V; recall, article VI; initiative
and referendum, article VII.
†
Charter reference–Rules of the council, section 3.11.
State law reference–Open meetings, V.T.C.A., Government Code, ch. 551.
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the town secretary shall be provided as soon as practicable after the member becomes aware that
he/she will be absent. The town secretary shall notify the council of the absence prior to the
beginning of the council meeting from which the member will be absent.
Charter reference–Forfeiture of office, section 3.04.
(d) Misconduct. The town council may punish its own members for misconduct as authorized
by state law and town charter.
(e) Minutes of town council meetings. An account of all proceedings of the town council shall
be kept by the town secretary and shall be entered into a book constituting the official record of
the town council.
(f) Questions to contain one subject. All questions submitted for a vote shall contain only one
subject. If two or more points are involved, any member may require a division, if the question
reasonably admits of a division.
(g) Right to floor. Any town council member desiring to speak shall be recognized by the
chairman/mayor. No member shall be allowed to speak more than once on any one subject until
every member wishing to speak shall have spoken.
(h) Town manager. The town manager or assistant town manager or acting town manager, shall
attend all meetings of the town council unless excused by the mayor or town council. The town
manager, assistant town manager, or acting town manager may make recommendations to the
town council and shall have the right to take part in all discussions of the town council, but shall
have no vote. The town manager may place an item for discussion and/or action on the council
agenda.
(i) Town attorney. The town attorney or acting town attorney, shall attend all meetings of the
town council unless excused by the mayor or town council and shall, upon request, give an
opinion, either written or oral, on questions of law. The town attorney shall act as the town
council’s parliamentarian.
(j) Town secretary. The town secretary or acting town secretary, shall attend all meetings of
the town council unless excused by the mayor or town council, and shall keep the official minutes
and perform such other duties as may be requested of him/her by the town council.
(k) Officers and employees. Any officer or employee of the town, when requested by the town
manager, shall attend any meeting of the town council. If requested to do so by the town manager,
they may present information relating to matters before the town council.
(l) Rules of order. Robert’s Rules of Order Newly Revised, as amended by the council, shall
govern the proceedings of the town council.
(m) Suspension of rules. Any provision of these rules may be temporarily suspended by a twothirds vote of all members of the town council in attendance. The vote on any such suspension
shall be taken by a show of hands and entered into the record.
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(n) Amendment to rules. These rules may be amended, or new rules adopted with a favorable
vote by four (4) members of the town council in attendance, provided that the proposed
amendments or new rules shall have been introduced into the record at a prior town council
meeting.
(2006 Code, ch. 1, sec. 6.01(B). See end of this division for full history for this division.)
Sec. 1.03.033
Types of meetings
(a) Regular meetings. The town council shall meet in the council/board room at the Municipal
Utility District Building, 100 Municipal Drive, Trophy Club, Texas, on the second and fourth
Tuesday of each month and each meeting shall commence at the time and place posted on the
agenda for that meeting.
(b) Special meetings. Special meetings may be called by the mayor or by any three (3)
members of the town council. The call for a special meeting shall be filed with the town secretary
in written form, except that announcement of a special meeting, during any regular meeting at
which all members are present, shall be sufficient notice of such special meeting. The call for a
special meeting shall specify the day and the hour of the special meeting, and shall list the subject
or subjects to be considered. No special meeting shall be held until at least 72 hours after the call
is issued or within two (2) hours for an emergency meeting. Only such business may be
transacted at a special meeting as may be listed in the call for said meeting or as incident thereto.
(c) Emergency meetings. In case of emergency or urgent public necessity, which shall be
expressed in notice of the meeting, an emergency meeting shall be called by the chairman/mayor
or on the application of three (3) members of the town council, and it shall be sufficient if the
notice is posted two (2) hours before the meeting is convened.
(d) Recessed meetings. Any meeting of the town council may be recessed to a later time,
provided that no recess shall be for a longer period than until the next regular meeting.
(e)
Public hearings.
(1)
All meetings shall be held in full compliance with the provisions of state law and
codes of the town. Any party in interest may appear in his/her own behalf or be
represented by counsel or agent.
(2)
The town secretary shall set public hearing dates for the town council as requested,
be responsible for timely advertising in the official newspaper, and notify interested
parties according to requirements of the town council.
(2006 Code, ch. 1, sec. 6.01(C). See end of this division for full history for this division.)
Charter references–Meetings of the council, section 3.09; special meetings, section 3.10.
Sec. 1.03.034
Chairman
(a) Designation. The mayor, if present, shall preside as chairman at all meetings of the town
council. In the absence of the mayor, the mayor pro-tem shall preside. In the absence of both the
mayor and the mayor pro-tem, the town council shall elect a chairman.
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(b) Call to order. The meetings of the town council shall be called to order by the mayor, or in
his absence, by the mayor pro-tem. In the absence of both the mayor and the mayor pro-tem, the
meeting shall be called to order by the town secretary.
(c) Preservation of order. The chairman shall preserve order and decorum, prevent
personalities from becoming involved in debate and confine members in debate to the question
under discussion.
(d)
Points of order.
(1)
A member may interrupt debate for immediate consideration of questions relating to
rights and privileges of the assembly. The chairman/mayor will decide the question
or may refer to the town attorney for a ruling. The chairman/mayor’s decision is
subject to appeal to the town council.
(2)
A member of the council may appeal a ruling of the chair by obtaining the floor and
stating, “I appeal from the ruling of the Chair.” The person appealing can interrupt a
speaker who has the floor. If another member seconds the appeal, the procedure is as
follows: the mayor/chair puts the question to the members for a vote. The question
cannot be amended and it is debatable unless the immediately pending question is not
debatable, the purpose of the vote is to decide whether the chair’s ruling should be
sustained. The mayor/chair is entitled to speak first and last in any discussion about
the appeal or his/her decision. A majority vote is required to overturn the decision of
the chair, and the question can be reconsidered.
(e) Questions to be stated. The chairman shall state all questions submitted for a vote and
announce the result. The announcement of the result will include the number of votes for, number
of votes against and abstentions, or state if unanimous.
(f) Substitution of chairman. The chairman may call any other member to take his place in the
chair, such substitution not to continue beyond adjournment.
(2006 Code, ch. 1, sec. 6.01(D). See end of this division for full history for this division.)
Sec. 1.03.035
Order of business; agenda
(a) Agenda. The business of each meeting shall be as contained in the agenda in the order
established by the mayor. The town secretary shall prepare the agenda. The agenda shall be a
listing of topics to be considered by the town council and delivered to members of the town
council each Thursday preceding the Tuesday meeting to which it pertains. The agenda may
provide for a work session immediately preceding the commencement of the council meeting in
order to allow council discussion and questions related to one or more of the items posted on the
agenda.
(b) Presentations by members of town council; future agenda items. The agenda shall provide a
time when the mayor or any town council member may bring before the town council any
business that the town council member believes should be deliberated upon by the town council
at a future meeting of the town council. However, pursuant to the town charter, before any item is
placed for discussion and/or action on a future town council agenda, a request for its placement
on the agenda shall be made by either the mayor or by any two (2) councilmembers. These
matters need not be specifically listed on the agenda, but discussion and formal action on such
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matters shall be deferred until a subsequent town council meeting provided that the requirements
of chapter 551 Texas Government Code have been met.
Charter reference–Agenda, section 3.11(b).
(c) Request for agenda item by chairperson. A chairperson of a council appointed board,
commission, corporation, or other appointed body requesting that an item be placed on the
council agenda for discussion and/or action shall present such request to the town manager in
writing in the time frame set forth in subsection (d) below.
(d) Deadline for submission of agenda items. A subject for the town council’s consideration
shall be submitted to the town secretary’s office in writing not later than 5:00 p.m. on Monday, (7
days prior) to the meeting at which the subject is to be considered.
(e) Presentation by citizens or representative(s) of organized groups; citizen presentations.
Presentations by citizens at the citizens presentation segment of a council meeting, with or
without prior notification, shall be limited to a total of four (4) minutes.
(f) Presentation by citizens or representative(s) of organized groups; agenda items.
Presentations by citizens, with or without prior notification, shall be limited to a total of six
minutes. For items on the agenda, the speaker will be limited to four (4) minutes of time to
complete his/her comments prior to council discussion and two (2) minutes of time subsequent to
council discussion but before the chair calls for a vote. The designated timekeeper shall maintain
the time and advise the speaker when his/her time has expired. The speaker shall then complete
his sentence and take his/her seat. A person may not give his/her speaking time to another.
Persons wishing to express their position on an agenda item but who do not wish to speak shall
complete a speaker’s card and indicate their support or opposition. The name and respective
position of such person(s) shall be read into the record.
(g) Rules of conduct applicable to citizen’s presentations for agenda items, citizen’s
presentations, and for public hearings.
(1)
Each person addressing the council shall step up to the microphone, shall give his or
her name and address in an audible tone of voice for the record. If representing an
organized group, the speaker shall identify the group represented. All remarks shall
be addressed to the council as a body, and not to any member thereof. No person,
other than town staff, members of the council and the person having the floor, shall
be permitted to enter into any discussion, either directly or through the members of
the council. No questions shall be asked of the councilmembers, except through the
presiding officer.
(2)
All citizens shall refrain from private conversations in the chamber while the town
council is in session.
(3)
Citizens attending town council meetings shall observe the same rules of priority,
decorum, and good conduct applicable to the administrative staff. Any persons
making personal, impertinent, or slanderous remarks, or who becomes boisterous
while addressing the town council or while attending the town council meeting, shall
be removed from the room if the chief of police (or his representative) is so directed
by the mayor/chairman, and such person shall be barred from further audience before
the town council during that session of the town council.
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(h)
(4)
Unauthorized remarks from the audience, stamping of feet, whistles, yells and similar
demonstrations shall not be permitted by the mayor/chairman, who shall direct the
chief of police to remove such offenders from the room.
(5)
In case the chairman shall fail to act, any other of the town council may move to
require the chair to enforce the rules, and the affirmative vote of a majority of all
members present of the town council shall require the presiding officer to act.
(6)
No placards, banners or signs of any kind shall be permitted in the council chamber
unless exhibits, displays and visual aids are used in connection with presentations to
the town council, provided that such exhibits, displays and visuals aids do not disrupt
the meeting.
Written communications to council.
(1)
General. Interested parties, or their authorized representatives, may address the
council by written communication in regard to any matter concerning the town’s
business or over which the council has control at any time.
(2)
Agenda items. A written communication relative to an item posted for consideration
on a town council agenda may be submitted by direct mail to the council or by
delivery of the communication to the town secretary at least four (4) hours prior to
the time for commencement of the town council meeting at which an item will be
discussed. Upon timely receipt of a communication, the town secretary shall
distribute copies to each of the councilmembers and shall make copies available for
public review at a designated location in the council chambers. The names of those
submitting the communication and the topic addressed will be entered into the record
without the necessity for reading as long as sufficient copies are available at the
meeting for review by members of the audience/public.
(i) Presentations by town manager. Matters requiring the council’s attention which may have
developed since the deadline for delivery of the written communication to the council may be
presented orally by the town manager for informational purposes only in accordance with chapter
551 Texas Government Code.
(j) Requests for research or information. The mayor and individual councilmembers may
request information or research from the town staff on a given topic through the town manager
who will make all members of council aware of the special request, as it may be of interest to
them as well. Accordingly, the town manager will provide the results of the request to all
members of council. In the event the town manager believes he cannot respond in a timely
manner, he and the members of council will coordinate a reasonable and responsible timeframe in
which to expect the results without unduly interfering with other activities of higher priority.
(k) Notification of significant activities or events. The mayor and councilmembers expect the
town manager to notify them, and provide periodic updates regarding significant activities or
events in the town related to natural or manmade disasters, major criminal activity, accidents
involving town property, or death involving town staff/employees.
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(l) Seating arrangement. The town manager, town secretary, and town attorney shall occupy
the respective seats in the council chamber assigned to them by the chairman/mayor, but any two
(2) or more of the town council may exchange seats.
(2006 Code, ch. 1, sec. 6.01(E). See end of this division for full history for this division.)
Sec. 1.03.036
Ordinances, resolutions and motions
(a) Printed or typewritten form. All ordinances and resolutions shall be presented to the town
council only in written form.
(b) Town attorney to approve. All ordinances and resolutions shall be approved as to form and
legality by the town attorney.
(c) Distribution of ordinances. The town secretary shall prepare copies of all proposed
ordinances for distribution to all members of the town council at the meeting at which the
ordinance is introduced, or at such earlier time as is expedient.
(d) Recording of votes. The show of hands shall be taken and entered upon the passage of all
ordinances and resolutions and entered into the official record of the council.
(e) Vote required for approval. Approval of every ordinance, resolution, or motion shall
require the affirmative vote of four (4) of the members of the town council in attendance.
(f)
Mayoral vote. The mayor shall have a vote on all matters before the council.
(g) Conflict of interest. Should any person on the town council have a conflict of interest
pursuant to any state laws and/or town ordinances regulating conflicts of interest with regard to
an item on the council agenda, such person shall openly declare the conflict before the discussion
proceeds, shall complete an affidavit as required by state law, and shall be prohibited from
participating in the discussion or vote on the item.
(h) Abstention from voting. Should any person on the town council abstain from voting on an
agenda item where no conflict of interest under state law and/or town ordinance exists, the
person’s vote shall be recorded as a negative vote in the minutes of the council meeting.
(2006 Code, ch. 1, sec. 6.01(F). See end of this division for full history for this division.)
Charter references–Procedure for enacting ordinances and resolutions, section 3.16; conflict of interest
and abstention, section 3.20.
Sec. 1.03.037
Rules of decorum
(a) Recognition by chairman/mayor. No person shall address the town council without first
being recognized by the chairman/mayor.
(b) Order. While the council is in session, the members must preserve order and decorum, and
a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the
peace of the town council nor disturb any member while speaking or refuse to obey the orders of
the chairman/mayor. Members of the town council shall not leave their seats during a meeting
without first obtaining the permission of the chairman/mayor.
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(c) Chairman/mayor may debate. The chairman/mayor may move only to such limitations of
debate as are the rights and privileges of a town council member by reason of his acting as the
chairman/mayor. If the chairman/mayor is engaged in debate and is abusing his position as
chairman, at the insistence of any three (3) council members, the chairman/mayor member must
relinquish the chair in accordance with provisions of Robert’s Rules of Order Newly Revised.
(d) Getting the floor, improper references to be avoided. Every member desiring to speak shall
address the chair, and upon recognition by the chairman/mayor shall confine himself/herself to
the questions under debate, avoiding all personalities and inappropriate language.
(e) Interruptions. A member, once recognized, shall not be interrupted when speaking unless it
be to call the member to order, or as herein otherwise provided. If a member, while speaking, is
called to order, the town council member shall cease speaking until the question of order be
determined and, if in order, the town council member shall be permitted to proceed.
(2006 Code, ch. 1, sec. 6.01(G). See end of this division for full history for this division.)
Sec. 1.03.038
Parliamentary motions and precedence
(a) Discussion of items. Each agenda item shall be considered open for discussion when that
item is announced by the chairman/mayor. If a member wishes to challenge an agenda item on
the basis that the item is not a proper topic for council discussion, such member shall state that he
or she “objects to the consideration of the question.” This action does not require a second. When
the objection is made, the chairman/mayor shall immediately call the question: “will the assembly
consider this question?” if 2/3 of the members vote “no,” the question cannot be introduced. An
objection to consideration of a question must be made when the item is first introduced and
before it has been debated. A motion for appropriate action shall be made after discussion of an
item has been concluded.
(b) Motions. After obtaining the floor a motion can be made before the assembly on the
particular subject of discussion. A “second” to the motion must be made by another town council
member within a reasonable but brief time period. Without a “second” the motion dies. No main
motion can be made when another motion is pending.
(c) Withdrawal of motions. A motion may be withdrawn, or modified, by its mover without
asking permission until the motion has been stated by the chairman/mayor. If the mover modifies
his motion, the person who seconds the motion may withdraw his second. After the question has
been stated, the mover shall neither withdraw it nor modify it without the consent of the council.
(d) Stating the question. In principle, the chairman/mayor must state the question on a motion
immediately after it has been made and seconded, unless the council member is obligated to rule
that the motion is out of order or if the wording is not clear.
(e) Amendments to motions. No motion or proposition of a subject different from that under
consideration shall be admitted under color of amendment. A motion to amend an amendment
shall be in order, but one to amend an amendment to an amendment shall not be in order.
(f) Debate. Debate must be limited to the merits of the immediately pending question as stated
by the chair and by authority of the chairman/mayor.
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(g)
Calling for the question by chair - ending debate.
(1)
The chairman/mayor may “call for the question” without a vote if debate appears to
have closed and if there are no objections by any council member.
(2)
A motion for the previous question (call the question) may not interrupt a speaker
who has the floor, must be made and seconded, is not debatable, cannot be amended,
requires an affirmative, two-thirds vote of members present to pass and in this
assembly cannot be reconsidered. Additionally, in order to protect the democratic
process, any council member or member of the public who is on record to speak
before the motion is made will be permitted to speak before the vote is taken on the
motion for the previous question.
(2006 Code, ch. 1, sec. 6.01(H). See end of this division for full history for this division.)
Sec. 1.03.039
Creation of committees, boards and commissions
(a) Ad-hoc committees. The council may, as the need arises, authorize the appointment of “ad
hoc” committees. Except where otherwise specifically provided, the mayor shall appoint the
members of the “ad hoc” committees, subject to the approval of the town council. Any committee
so created shall cease to exist upon the accomplishment of the special purpose for which it was
created or when abolished by a majority vote of the town council.
(b) Citizen boards, commissions, corporations, and other appointed bodies. The town council
may create boards, commissions, corporations and other council appointed bodies to assist in the
conduct of the operation of the town government with such duties as the council may specify.
Memberships and selection of members shall be as provided in accordance with the guidelines in
the handbook for elected and appointed officials, as amended from time to time. Any such
appointed bodies so created shall cease to exist upon the accomplishment of the special purpose
for which it was created, or when abolished by a majority vote of the town council. No body so
appointed shall have powers other than advisory to the town council, except as otherwise
specified by the laws of the state. These rules of procedure shall apply to council appointed
boards, commissions, corporations, and other appointed bodies in accordance with the town’s
handbook for appointed and elected officials and shall only be modified as provided in the
enabling ordinances for each such council appointed body.
(2006 Code, ch. 1, sec. 6.01(I). See end of this division for full history for this division.)
(Ordinance 2001-27, ex. A, adopted 11/19/01; Ordinance 2006-03, ex. A, adopted 2/6/06;
Ordinance 2006-30, sec. II, adopted 8/21/06; 2006 Code, ch. 1, sec. 6.01; Ordinance 2008-19
adopted 8/4/08; Ordinance 2009-16, sec. II, adopted 7/6/09; Ordinance 2014-10, sec. 2, ex. A,
adopted 4/7/14; Ordinance 2014-14 adopted 6/16/14)
ARTICLE 1.04 BOARDS, COMMISSIONS AND COMMITTEES*
(Reserved)
*
Charter reference–Town boards, commissions and corporations, section 4.16.
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ARTICLE 1.05 CODE OF ETHICS AND CONDUCT*
Sec. 1.05.001
Policy; applicability
(a) Policy. It is hereby declared to be the policy of the town that the proper operation of
democratic government requires that town officials, candidates, appointees, and employees be
independent, impartial and responsible to the people of the town; that governmental decisions and
policy be made in the proper channels of the governmental structure; that no town official,
candidate, appointee, or employee have any interest, financial or otherwise, direct or indirect, or
engage in any business, transaction or professional activity or incur any obligation of any nature
which is in conflict with the proper discharge of his duties in the public interest; that public office
and public employment are positions of public trust imposing the duty of a fiduciary upon all
employees and officeholders, who are not to use their public position for personal gain; and that
the public should have confidence in the integrity of its government.
(b) Applicability. To implement this policy, the town council enacts this code of ethics and
conduct for all town officials, candidates, appointees and employees, whether elected or
appointed, paid or unpaid, to serve not only as a guide for official conduct of the town’s public
servants, but also as a basis for discipline for those who refuse to abide by its terms. The
provisions of this article shall not apply to political contributions, loans, expenditures, reports or
regulation of political campaigns, or the conduct of candidates in such campaigns, except as
expressly provided herein.
(Ordinance 2011-03, sec. 2 (17.01), adopted 2/7/11)
Sec. 1.05.002
Principles of conduct
(a) Values. The town council further believes that town officials, candidates, appointees and
employees require a public trust and should recognize the importance of high ethical standards
within the organization they lead or support. Essential values and ethical behaviors that town
officials, candidates, appointees and employees should exemplify include the following:
(1)
Commitment beyond self.
(2)
Obedience and commitment beyond the law.
(3)
Commitment to the public good.
(4)
Respect for the value and dignity of all individuals.
(5)
Accountability to the public.
(6)
Truthfulness.
(7)
Fairness.
(8)
Responsible application of resources.
*
Charter references–Conflict of interest of council members, section 3.20; personal financial interest,
section 4.17; accepting gifts, etc., section 4.18; code of ethics and conduct, section 11.14.
State law reference–Conflicts of interest of officers, V.T.C.A., Local Government Code, ch. 171.
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(b) Conduct. In keeping with the values set forth in subsection (a) of this section and to assist
in the fulfillment of responsibilities to the individuals and communities served, each town
official, candidate, appointee and employee should:
(1)
Conduct himself and operate with integrity and in a manner that merits the trust and
support of the public.
(2)
Uphold all applicable laws and regulations, going beyond the letter of the law to
protect and/or enhance the town’s ability to accomplish its mission.
(3)
Treat others with respect, doing for and to others what the town official, candidate,
appointee or employee would have done for and to himself in similar circumstances.
(4)
Be a responsible steward of the taxpayer resources.
(5)
Take no actions that could benefit the town official, candidate, appointee or
employee personally at the unwarranted expense of the town, avoiding even the
appearance of a conflict of interest, and exercise prudence and good judgment at all
times.
(6)
Carefully consider the public perception of personal and professional actions and the
effect such actions could have, positively or negatively, on the town’s reputation both
in the community and elsewhere.
(7)
Strive for personal and professional growth to improve effectiveness as an elected or
appointed town official, candidate, appointee or employee.
(c) Interpretation. This section is a statement of principles only. Nothing in this section may be
used to create a cause of action against an elected or appointed town official, candidate, appointee
or employee under this article.
Sec. 1.05.003
Definitions
Appointee. A person appointed or confirmed by the mayor or town council; provided, however,
for the purposes of this definition, the term “appointee” does not include municipal judges.
Business entity. A corporation, partnership, sole proprietorship, firm, enterprise, franchise,
association, organization, self-employed individual, holding company, joint stock company,
receivership, trust, or any other entity recognized by law.
Candidate. A person who declares for or files for any office of the town to be filled by election.
Clear and convincing evidence. Evidence that is legally and factually sufficient such that a factfinder could reasonably form a firm belief or conviction that the allegation is true.
Compensation. Any economic benefit received in return for labor, services, property, or
investment.
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Economic benefit. Any money, real or personal property, purchase, sale, lease, contract, option,
credit, loan, discount, service, or other tangible or intangible thing of value, whether similar or
dissimilar to those enumerated.
Employee. A person employed by the town, including those individuals on a part-time basis,
excluding independent contractors.
Family member. A person related to a town official, candidate, appointee, or employee in the first
degree by consanguinity (blood) or affinity (marriage) as determined under the Texas
Government Code.
Gift. A favor, hospitality, or economic benefit other than compensation but which does not
include campaign contributions reported as required by state law, gifts received from a relative if
given on account of kinship, or any value received by will, intestate succession, or as a
distribution from an inter vivos or testamentary trust established by a spouse or ancestor.
Income. Economic benefit received.
Intentionally. A person acts intentionally, or with intent, with respect to the nature of his conduct
or to a result of his conduct when it is his conscious objective or desire to engage in the conduct
or cause the result.
Knowingly. A person acts knowingly, or with knowledge, with respect to the nature of his
conduct or to circumstances surrounding his conduct when he is aware of the nature of his
conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with
respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause
the result.
Substantial interest.
(1)
A person has a substantial interest in a business entity if:
(A)
The interest is ownership of ten percent or more of the voting stock or shares of
the business entity or ownership of either ten percent or more or $5,000.00 or
more of the fair market value of the business entity;
(B)
Funds received by the person from the business entity exceed ten percent of the
person’s gross income for the previous year;
(C)
The person holds a position of member of the board of directors or other
governing board of the business entity;
(D)
The person serves as an elected officer of the business entity;
(E)
The person is an employee of the business entity;
(F)
The person is a creditor, debtor or guarantor of the business entity in the
amount of $5,000.00 or more; or
(G)
Property of the person has been pledged to the business entity or is subject to a
lien in favor of the business entity in the amount of $5,000.00 or more.
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(2)
A person does not have a substantial interest in a business entity if:
(A)
The person holds a position as a member of the board of directors or other
governing board of a business entity or governmental body;
(B)
The person has been designated by the town council to serve on such board;
(C)
The person receives no remuneration, either directly or indirectly, for his or her
service on such board; and
(D)
The primary nature of the business entity is either charitable, nonprofit or
governmental.
(3)
A person has a substantial interest in real property if the interest is an equitable or
legal ownership interest with a fair market value of $2,500.00 or more.
(4)
A person has a substantial interest under this article if the person’s family member
has a substantial interest under this article.
Town official. The mayor, members of the town council, the town manager, the town attorney, the
town secretary, judges of the municipal court, and individuals acting in the capacity of the
aforementioned persons.
Sec. 1.05.004
Standards of conduct; prohibited acts
No town official, candidate, appointee or employee, or their family member shall knowingly or
intentionally:
(1)
Accept or solicit any gift, favor, service or thing of value from any person, group or
business entity, including a promise of future employment, that might reasonably
tend to influence him in the discharge of his official duties or that the town official,
candidate, appointee or employee knows or should know is being offered with the
intent to influence the official conduct of the town official, candidate, appointee or
employee. This prohibition shall not apply to:
(A)
An occasional non-pecuniary gift, insignificant in value;
(B)
An award publicly presented in recognition of public service;
(C)
Any gift which would have been offered or given to the town official,
candidate, appointee or employee or a family member if he were not a town
official, candidate, appointee, employee, or family member; or
(D)
Any travel and related expenses to attend ceremonial functions, provided that
such acceptance and attendance have been approved by the town council prior
to the occurrence of the ceremonial function.
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(2)
Grant in the discharge of his official duties any improper favor, service or thing of
value to any person, group or business entity.
(3)
Disclose any confidential information gained by reason of the position of the town
official, candidate, appointee or employee concerning property, operations, policies
or affairs of the town, or use such confidential information to advance any personal
interest, financial or otherwise, of such town official, candidate, appointee or
employee, family members or third parties. This subsection shall not preclude
disclosure of such confidential information in connection with any investigation or
proceeding regarding whether there has been a violation of the standards of conduct
set forth in this article.
(4)
Use one’s position or office of employment or town facilities, personnel, equipment
or supplies to secure special privileges or exemptions for himself, family members or
third parties or for the private gain of the town official, candidate, appointee,
employee, or his family members or third parties.
(5)
Engage in any exchange, purchase or sale of property, goods or services with the
town, except:
(A)
Rendering services to the town as a town official, candidate, appointee or
employee;
(B)
Paying taxes, fines, or utility service or filing fees;
(C)
Executing and performing any developer’s agreement or plat in compliance
with laws and regulations applicable to any person; provided, however, that if
any town ordinance, rule or regulation allows any discretion by the appropriate
town official, appointee or employee in the interpretation or enforcement of
such ordinance, rule or regulation, any such discretion shall be exercised in
favor of the town in connection with any such developer’s agreement or plat;
(D)
Appointees who are not also town officials or employees of the town may
engage in any exchange, purchase or sale of property, goods or services with
the town, or enter into a contract with the town, provided that the board on
which they are a member has no advisory function, involvement, or decisionmaking authority, either direct or indirect, present or prospective, with respect
to the transaction in which such appointee engages or proposes to engage.
(6)
Hold himself out as representing the town in any capacity other than that for which
he was appointed, elected or hired.
(7)
Engage in or accept private employment or render a service when such employment
or service is incompatible with the proper discharge of his official duties or would
tend to impair his independent judgment in the performance of official duties.
(8)
Make or permit the unauthorized use of town-owned vehicles, equipment, materials
or property.
(9)
Grant any special consideration, treatment or advantage to any citizen beyond that
which is available to every other citizen.
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(10) After termination of service or employment with the town, appear before any board
or commission of the town in relation to any case, proceeding or application in which
he personally participated or which was under his active consideration during the
period of his service or employment.
(11) Transact any business in his official capacity with the town with a business entity in
which he has a substantial interest.
(12) Perform or refuse to perform any act in order to deliberately thwart the execution of
town ordinances, rules or regulations or the achievement of official town programs.
Sec. 1.05.005
Disclosure of interest; abstention from voting
(a) Vote not allowed. Except as expressly provided in subsection (b) of this section, if a town
official, candidate, appointee or employee has a substantial interest in a business entity or real
property involved in a matter pending before such town official, candidate, appointee or
employee, or the body of which he is a member, such town official, candidate, appointee or
employee shall disclose such interest as provided in subsection (c) of this section and shall not
vote or discuss the substance of the matter at any time with any other member of the board of
which he is a member or any other body which will vote on or otherwise participate in the
consideration of the matter.
(b) Vote allowed. If any of the following interests are involved in any matter pending before
any town official, candidate, appointee or employee, or the body of which he is a member, such
town official, candidate, appointee or employee shall disclose such interest as provided in
subsection (c) of this section, but he shall be permitted to vote on and participate in the
consideration of such matter:
(1)
A matter concerning a bank or other financial institution from which the town
official, candidate, appointee or employee has a home mortgage, automobile loan, or
other installment loan, if the loan is not currently in default, was originally for a term
of more than two (2) years and cannot be accelerated except for failure to make
payments according to the terms thereof:
(2)
A matter concerning a bank or other financial institution in which the town official,
candidate, appointee or employee holds a savings account, checking account or
certificate of deposit and which is fully insured by the U.S. government or an agency
thereof;
(3)
A matter concerning a business entity with which the town official, candidate,
appointee or employee has a retail or credit card account;
(4)
A matter concerning the approval of substitution of collateral by a town depository
bank;
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(5)
A matter concerning real property or a business entity in which the town official,
candidate, appointee or employee has a substantial interest if the action on the matter
would not have a special economic effect on the value of the property or business
entity, distinguishable from the effect on the public.
(c) Affidavit and reporting requirement. A town official, appointee or employee shall disclose
the existence of a substantial interest in a business entity or real property involved in any matter
pending before such town official, appointee or employee, or the body of which he is a member
or serves as the staff liaison. To comply with subsection (a) of this section, a town official,
appointee or employee shall, prior to any discussion or determination of the matter, file an
affidavit of disclosure as required by section 171.004 of the Texas Local Government Code, as
amended, with the town secretary. To comply with subsection (b) of this section, a town official,
employee or appointee shall publicly disclose in the official minutes of the body the nature of his
interest. To comply with subsection (b) of this section, an employee shall notify the town
manager or his designee in writing of the nature of any substantial interest that he or a family
member has in a business entity or real property which would be affected by an exercise of
discretionary authority by the employee and such matter shall be regulated in accordance with
town policies and procedures.
Sec. 1.05.006
Ethics review commission
(a) Established. An ethics review commission (commission) is hereby established to be
composed of three (3) members and two (2) alternate members, all of whom shall reside in the
town and shall be appointed by majority vote of the town council.
(b) Appointment to positions. Each commission member shall occupy a position on the
commission, such positions being numbered 1 through 3.
(c) Term of office. The commission members shall be appointed to three (3) year staggered
terms. Position 1 shall serve an implementation term which shall expire on September 30 of 2012.
Position 2 shall serve an implementation term which shall expire on September 30 of 2013.
Alternate members and Position 3 shall serve as alternates for an implementation term which
shall expire on September 30 of 2014. After each such implementation term expires, the term of
office for each position shall be three (3) years. No member shall serve for more than two (2)
consecutive full terms. Implementation terms shall not be counted as full terms.
(d) Vacancies. All vacancies shall be filled for the unexpired term. A member shall hold office
until his successor has been appointed by the town council and shall continue to hold office after
his successor has been appointed by the town council for the limited purpose of the disposition of
all complaints filed during that member’s term. No new member may participate in a decision
regarding a complaint filed prior to the expiration of the previous member’s term, but new
members shall accomplish the duties of office with respect to all complaints filed after the
previous member’s term.
(e) Chairman and vice-chairman. The commission shall elect a chairman and a vice-chairman
to serve one (1) year terms. The vice-chairman shall act as chairman in the absence of the
chairman.
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(f) Quorum. Three (3) members of the commission shall constitute a quorum, and no action of
the commission shall be of any force or effect unless it is adopted by the favorable vote of two (2)
or more members.
(g) Meetings. The commission shall meet at least once a year to review this article and may
make recommendations to the town council for amendments hereto.
(h) Issuance of advisory opinions. The commission shall render advisory opinions on potential
conflicts of interest or violation of this article at the request of a town official, candidate,
appointee or employee subject to the terms of this article. Such advisory opinion shall be rendered
within a reasonable time, but in no event later than thirty (30) days after a request is received by
the commission. A copy of an advisory opinion issued to an employee shall be forwarded to the
town manager. A copy of an advisory opinion issued to an appointee shall be forwarded to the
town council.
(i) Advisory opinion as defense. It shall be a defense to an alleged violation of this article that
the person accused previously requested an advisory opinion of the commission and acted on
such opinion in good faith, unless material facts were omitted or misstated by the person
requesting the opinion. Such advisory opinion shall also be binding on the commission in any
subsequent charges concerning the person requesting the opinion.
(j) Legal counsel. The town attorney or independent legal counsel shall be utilized to advise
the commission and participate in hearings. The town council shall annually designate and retain
independent counsel, who shall be a duly licensed attorney in the state.
(k) Jurisdiction. The commission shall have jurisdiction to review and make findings
concerning an alleged violation of this article by a person subject to its provisions, if a written
complaint meeting the requirements set forth herein is timely filed in accordance with section
1.05.007(c) of this article.
Charter reference–Ethics commission, section 11.14.
Sec. 1.05.007
Disposition of alleged violations
(a) Form and contents of complaint. In order to file a complaint under this article, a
complainant shall submit a written sworn complaint to the town secretary, which shall be
notarized and shall be in the form specified below. A sworn complaint shall be based upon
personal knowledge, shall allege a violation of this article, shall specify the provision(s) of this
article alleged to have been violated, and shall name the town official, candidate, appointee, or
employee being charged.
THE STATE OF TEXAS:
COUNTY OF DENTON:
TO: THE ETHICS REVIEW COMMISSION OF THE TOWN OF TROPHY CLUB,
TEXAS:
COMES NOW (complainant), and makes this complaint, UPON HIS/HER PERSONAL
KNOWLEDGE AND UNDER OATH against (name of person complained against), and
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would show the Commission that: On or about the ______ day of ____________, ____,
(insert date of the action, or omission, complained of) ____________, (name of person
complained against) a/an (insert appropriate designation; Town Official, Candidate,
Appointee, or Employee) of the Town of Trophy Club, Texas, violated the following
provision(s) of Code of Ethics and Conduct Ordinance, Town of Trophy Club, Texas, to
wit: (specify by section, subsection and paragraph number the provision(s) alleged
violated) by committing the following act, or omission, to wit:
By the making and filing of this affidavit, I certify under oath that the statements contained
herein are true and correct.
(Original signature and executed notary block must be included.)
(b) Consideration of complaints. Upon the filing of a written sworn complaint meeting all
requirements of this section, the commission shall consider possible violations of this article by
town officials, candidates, appointees and employees.
(c) Timely filing required. As a condition precedent to commission consideration of a
complaint, such complaint shall be timely filed. A complaint alleging a violation of this article
shall be filed with the town secretary within one (1) year after the date of the alleged violation in
order to be considered timely. Each of the following complaints shall be deemed untimely filed
and shall be returned to the complainant:
(1)
A complaint alleging a violation that occurred before the effective date of this article;
(2)
A complaint alleging a violation that occurred more than one (1) year before the date
that the complaint is filed; and
(3)
A complaint filed within the period beginning on the 60th day prior to the first date
of early voting for a town election and ending on the later of the regular election date
or runoff election date for such election.
(d) False statements notification. The town secretary shall, in writing, advise the person filing a
complaint that falsely accusing someone of a violation of this article may result in criminal
prosecution, under penalty of perjury, of anyone who knowingly makes a false accusation. The
town secretary shall, in writing, advise the person charged in the complaint that falsely
responding to a complaint may result in criminal prosecution, under penalty of perjury, of anyone
who knowingly makes a false response.
(e)
Processing of complaint. Complaints shall be processed as follows:
(1)
Acknowledgement of receipt; distribution of copies. Not later than three (3) business
days after the town secretary receives a sworn complaint, the town secretary shall
acknowledge the receipt of the complaint to the complainant, and, if the complaint is
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timely filed, shall provide a copy of the complaint to the town attorney or
independent counsel and the person complained against. If a complaint is not timely
filed, it shall be returned to the complainant.
(2)
(3)
Attorney preliminary review. Within seven (7) business days of receipt by the town
attorney or independent counsel of a complaint determined by the town secretary to
have been timely filed, the town attorney or independent counsel shall review the
complaint to determine whether the complaint is sufficient as to form and whether the
complaint alleges sufficient facts which if accepted as true would constitute a prima
facie violation of this article. Further, the complaint shall be reviewed for compliance
with subsection (l) of this section.
(A)
Sufficient complaint. If the town attorney or independent counsel finds that the
complaint is both sufficient as to form, and accepting the facts alleged as true
for the limited purpose of a threshold review, finds that the allegations would
constitute a prima facie violation of this article, the complaint shall be
forwarded to the commission.
(B)
Insufficient or ineligible complaint. If the town attorney or independent counsel
finds that the complaint is either insufficient as to form, or, accepting the facts
alleged as true for the limited purpose of a threshold review, finds that the
allegations would not constitute a prima facie violation of this article, the town
attorney or independent counsel shall notify the town council, the commission,
the complainant and the person complained against of this determination, and
shall return the complaint to the complainant. Further, if the town attorney or
independent counsel determines that the commission is prohibited from
entertaining a complaint under the conditions set forth in subsection (l) of this
section, the town attorney or independent counsel shall notify the town council,
the commission, the complainant and the person complained against of this
determination, and shall immediately return the complaint to the complainant.
Notification of hearing date. Not later than ten (10) business days after the
commission receives a complaint forwarded by the town attorney or independent
counsel, the commission shall notify in writing both the person who made the
complaint and the person complained against of a date for a preliminary hearing. If
the commission does not hold a preliminary hearing within twenty (20) business days
of its receipt of the complaint, it shall notify the person who made the complaint and
the person complained against of the reasons for the delay and shall subsequently
give the appropriate notifications to all parties.
(f) Complaint filed by commissioner. A complaint filed by an individual member of the
commission shall be deemed to have been filed in the commission member’s capacity as a private
citizen and, in such event, the member of the commission filing the complaint shall not thereafter
participate in any commission meeting at which such complaint is considered except as the
complainant.
(g) Communications of commission members. After a complaint has been filed and during the
pendency of a complaint before the commission, a member of the commission may not
communicate directly or indirectly with any party or person about any issue of fact or law
regarding the complaint, except at a meeting of the commission; provided that a member may
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consult with the attorney or the town manager or his designee for the commission as to process,
procedure and legal issues. Ex parte communications by or to members of the commission are
prohibited.
(h) Disclosure of information prohibited. No town official, candidate, appointee, or employee
shall reveal information relating to the filing or processing of a complaint, except as required for
the performance of official duties or as required by law. All papers and communications relating
to a complaint shall be treated as confidential unless required to be made public under the Public
Information Act, court order, or other applicable law.
(i) Preliminary hearing. A preliminary hearing shall be conducted in accordance with the
following:
(1)
As soon as reasonably possible, but in no event more than sixty (60) days after
receiving a complaint, the commission shall conduct a preliminary hearing. The issue
at a preliminary hearing shall be the existence of reasonable grounds to believe that a
violation of this article has occurred. The person filing a complaint shall state the
alleged violation and shall describe in narrative form the testimony and other
evidence which would be presented to prove the alleged violation as stated in the
written complaint. Statements at a preliminary hearing shall be under oath, but there
shall be no cross-examination or requests for persons or evidence issued for the
hearing. Members of the commission may question the complainant, the independent
counsel for the commission, or the town official, candidate, appointee or employee
named in the complaint. The town official, candidate, appointee or employee named
in the complaint may not be compelled to give evidence or testimony that violates his
right against self-incrimination under the United States or the state constitution.
(2)
The town official, candidate, appointee or employee named in the complaint shall
have the opportunity to respond, but is not required to attend or make any statement.
The town official, candidate, appointee or employee may describe in narrative form
the testimony and other evidence which would be presented to disprove the alleged
violation.
(3)
The complainant and the town official, candidate, appointee or employee named in
the complaint shall have the right of representation by counsel paid for at his own
expense.
(4)
At the conclusion of the preliminary hearing, the commission shall decide whether a
final hearing should be held. If the commission determines that there are reasonable
grounds to believe that a violation of this article has occurred, it shall schedule a final
hearing. If the commission does not determine that there are reasonable grounds to
believe that a violation of this article has occurred, the complaint shall be
automatically dismissed. A decision to conduct a final hearing is not a finding that a
violation has occurred. Notwithstanding the foregoing, the commission may proceed
to determine the appropriate sanction if the charged town official, candidate,
appointee, or employee does not object and admits the charged violation, and the
commission determines that there are no fact issues to be resolved.
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(5)
(j)
(k)
At the preliminary hearing or at least fifteen (15) business days prior to the final
hearing, the complainant, the town official, candidate, appointee or employee named
in the complaint may request that the commission summon certain persons and
evidence for a final hearing, if one is scheduled.
Final hearing. A final hearing shall be conducted in accordance with the following:
(1)
The final hearing shall be held as expeditiously as possible following the preliminary
hearing at which a determination was made by the commission that there are
reasonable grounds to believe that a violation of this article occurred, but in no event
shall it be held more than thirty (30) days after such determination. The commission
may grant two (2) postponements of the final hearing, not to exceed fifteen (15) days
each, upon the request of the town official, candidate, appointee or employee named
in the complaint.
(2)
The issue at a final hearing shall be whether a violation of this article has occurred.
The commission shall make its determination based on a clear and convincing
evidence standard of proof. Parties to the proceeding may present testimony and
evidence at the final hearing. All witnesses shall make their statements under oath. If
the commission determines that a violation has occurred, it shall state its findings in
writing, shall identify the particular provision(s) of this article which have been
violated, and within five (5) business days shall deliver a copy of its findings to the
complainant, if any, the person named in the complaint and the town secretary.
(3)
If a complaint proceeds to a final hearing, the commission shall summon in writing
witnesses for which it has received a written request from the complainant or from
the town official, candidate, appointee or employee named in the complaint, provided
that the requesting party shows good cause for the request and the request is timely
submitted in accordance with subsection (i)(5) of this section. Such written summons
shall be served by a constable at least ten (10) days before the date of the final
hearing. Additionally, the commission may administer oaths and affirmations and
receive testimony and evidence presented at the final hearing. It shall be a violation
of this article for a person to fail to appear and testify before the commission in
response to a written summons served ten (10) days or more prior to the scheduled
time and date of final hearing. Notwithstanding the foregoing, no town official,
candidate, appointee or employee named in a complaint or witness may be compelled
to give evidence or testimony that violates his/her right against self-incrimination
under the United States or the state constitution.
Sanctions. The following sanctions are available:
(1)
If the commission determines that a violation of this article has occurred, it shall
proceed directly to determination of the appropriate sanction(s). A violation of this
article shall not be subject to criminal penalties under the town Code of Ordinances,
except for those instances specifically provided for in section 1.05.011 of this article.
The commission may receive additional testimony or statements before determining
sanctions, but is not required to do so. If the town official, candidate, appointee or
employee named in the complaint acted in reliance upon a written opinion of the
town attorney, the commission shall consider that fact.
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(2)
(3)
If the commission determines that a violation of this article has occurred, it shall take
the following actions:
(A)
If the person who committed the violation is a current employee under the
jurisdiction of the town manager, the matter shall be referred to the town
manager.
(B)
If the person who committed the violation is the town manager, town attorney,
town secretary, or a judge of the municipal court, the matter will be referred to
the town council.
(C)
If the person who committed the violation is a town council member, a
candidate, an appointee, a former town official, or a former town employee, the
matter will be referred to the town council.
When referring a matter under subsection (k)(2) of this section, the commission may
impose or recommend the following sanctions:
(A)
Letter of notification. A letter of notification may be recommended when the
commission finds that a violation of this article was clearly unintentional or
when the action or conduct found to have been a violation of this article was
performed by the town official, candidate, appointee, or employee in reliance
on a public written opinion of the town attorney. A letter of notification must
advise the town official, candidate, appointee, or employee to whom the letter
is directed of any steps to be taken to avoid future violations.
(B)
Letter of admonition. A letter of admonition may be recommended when the
commission finds that the violation of this article was minor and/or may have
been unintentional, but where the circumstances call for a more substantial
response than a letter of notification.
(C)
Reprimand. A reprimand may be recommended when the commission finds
that a violation of this article was committed intentionally or through disregard
of this article. A recommended reprimand directed to an employee shall be
forwarded to the town manager. The town manager may also elect to discipline
the employee in accordance with town personnel rules and procedures. A letter
of reprimand directed to an elected town official shall also be transmitted to the
town secretary and published in the official newspaper of the town.
(D)
Removal or suspension from employment. A recommendation of removal from
employment or a recommendation of suspension from employment, as well as
a recommendation for length of suspension, shall be the appropriate sanction
when the commission finds that a serious or repeated violation(s) of this article
has been committed intentionally or through culpable disregard of this article
by town employees. The final discretion to carry out such recommendations to
remove or suspend from employment and the length of suspension shall be
with the town manager. The town manager may also elect to discipline the
employee in accordance with town policies and procedures.
(E)
Censure, recall or removal from office or appointment. A letter of censure, a
recommendation of recall, or a recommendation to institute proceedings for
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removal from office or appointment shall be the appropriate sanction when the
commission finds that a serious or repeated violation(s) of this article has been
committed intentionally or through culpable disregard of this article by an
elected town official. A letter of censure, a recommendation of recall, or a
recommendation to institute proceedings for removal from office directed to an
elected town official shall also be transmitted to the town secretary and
published in the official newspaper of the town. The town council and citizens
of the town may take actions in accordance with the town charter. Any
proceedings for removal from office shall be in compliance with provisions of
the town charter and state law.
(l) Dismissal of complaint. If the complaint is dismissed because the evidence failed to
establish a violation of this article, the commission shall issue a letter of dismissal or finding, and
shall not entertain any other similar complaint based on substantially the same evidence.
Sec. 1.05.008
Request for review of allegations
Any town official, candidate, appointee or employee against whom public allegations of ethics
violations have been made in the media or elsewhere has the right to file a sworn statement with
the town secretary affirming their innocence, and to request the commission to review the
allegations and make known its findings. (Ordinance 2011-03, sec. 2 (17.08), adopted 2/7/11)
Sec. 1.05.009
Culpability
To commit a violation under any provision of this article, a person must have acted or failed to
act knowingly or intentionally. (Ordinance 2011-03, sec. 2 (17.09), adopted 2/7/11)
Sec. 1.05.010
False complaints
In the event a complaint is received by the commission that is subsequently found to be baseless,
and the commission deems that the complaint was filed with the intent to:
(1)
Harass the person named in the complaint;
(2)
Damage a person’s reputation;
(3)
Benefit the person filing the complaint, or a third party, either personally,
professionally or politically; or
(4)
Damage a related third party;
the commission may recommend the town attorney cause a complaint to be filed against such
person in the municipal court. The town council or town manager, as appropriate, may take
disciplinary action(s) against the individual who filed the complaint, including but not limited to
disciplinary action if such complainant is an employee, appointee, or town official as allowed by
personnel policies, ordinance, state law or the town charter. The commission may also
recommend other action(s) be taken.
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Sec. 1.05.011
Penalties
(a) It shall be unlawful and shall be a class C misdemeanor for any person to knowingly or
intentionally violate section 1.05.007(d), 1.05.007(j)(3), or 1.05.010 of this article, and any
person found guilty of such violation shall be fined, upon conviction, not less than one dollar
($1.00) nor more than two thousand dollars ($2,000.00) for each offense. Such penalty shall be in
addition to all the other remedies provided herein.
(b) A person who knowingly files a false sworn statement under this article may be subject to
criminal prosecution for perjury under the laws of the state.
ARTICLE 1.06 EMERGENCY MANAGEMENT*
Sec. 1.06.001
Organization
(a) There is hereby created and established the office of emergency management director (the
“director”) of the town, which office shall be held by the mayor.
(b) An emergency management coordinator (the “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 town and for carrying out the duties and responsibilities set forth in this article. The
director 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 town shall consist of the
officers and employees of the town 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.
(Ordinance 87-07, sec. I, adopted 3/23/87; 2006 Code, ch. 10, sec. 8.01)
Sec. 1.06.002
Powers and duties of emergency management director
In addition to those duties outlined in section 1.06.001 of this article, 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 town 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.
*
State law reference–Local and interjurisdictional emergency management, V.T.C.A., Government Code,
ch. 418.
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(2)
Supervision of the development and approval of an emergency management plan for
the town, and shall recommend for adoption by the town council all mutual aid
arrangements deemed necessary for the implementation of such plan.
(3)
Authority to declare a local state of disaster. The declaration may not be continued or
renewed for a period in excess of 7 days except by or with the consent of the town
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 town secretary.
(4)
Issuance of necessary proclamations, regulations or directives which are necessary
for carrying out the purposes of this article. 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 town secretary.
(5)
Direction and control of the operations of the town 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 town.
(7)
Maintenance of liaison with other municipal, county, district, state, regional or
federal emergency management organizations.
(8)
Marshaling of all necessary personnel, equipment or supplies from any department of
the town to aid in the 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 or counties in which the town is located and with other municipalities within
the counties, 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 town.
(11) Authorizing agreements, after approval by the town attorney, for use of private
property for public shelter and other purposes.
(12) Survey of the availability of existing personnel, equipment, supplies and services
which could be used during a disaster, as provided for herein.
(13) Other requirements as specified in Texas Disaster Act of 1975 (V.T.C.A.,
Government Code, chapter 418).
(Ordinance 87-07, sec. II, adopted 3/23/87; 2006 Code, ch. 10, sec. 8.02)
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Sec. 1.06.003
Emergency management plan
A comprehensive emergency management plan shall be developed and maintained in a current
state. 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 article. 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 article and made a part hereof and have the effect of
law during the time of disaster. (Ordinance 87-07, sec. III, adopted 3/23/87; 2006 Code, ch. 10,
sec. 8.03)
Sec. 1.06.004
Interjurisdictional program
The mayor is hereby authorized to join with the county judges of the County of Denton and the
County of Tarrant and the mayors of the other cities in said counties in the formation of an
emergency management council for the County of Denton and the County of Tarrant 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 town. (Ordinance 87-07, sec. IV, adopted 3/23/87; 2006 Code, ch. 10, sec. 8.04)
Sec. 1.06.005
Override
At all times when the orders, rules, and regulations made and promulgated pursuant to this article
shall be in effect, they shall supersede and override all existing ordinances, orders, rules, and
regulations insofar as the latter may be inconsistent therewith. (Ordinance 87-07, sec. V, adopted
3/23/87; 2006 Code, ch. 10, sec. 8.05)
Sec. 1.06.006
Liability
This article is an exercise by the town of its governmental functions for the protection of the
public peace, health, and safety of the citizens of the town, and neither the town, the agents and
representatives of the town, nor any individual, receiver, firm, partnership, corporation,
association, or trustee, nor any of the agents thereof, in good faith carrying out, complying with or
attempting to comply with any order, rule, or regulations promulgated pursuant to the provisions
of this article shall be liable for any damage sustained to persons as the result of said activity.
(Ordinance 87-07, sec. VI, adopted 3/23/87; 2006 Code, ch. 10, sec. 8.06)
Sec. 1.06.007
Commitment of funds
Any person owning or controlling real estate or other premises who voluntarily and without
compensation grants to the town a license or privilege or otherwise permits the town to inspect,
designate and use the whole or any part or parts of such real estate or premises for the purpose of
sheltering persons during an actual, impending or practice enemy 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
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other permission or for loss of, or damage to, the property of such person. (Ordinance 87-07, sec.
VII, adopted 3/23/87; 2006 Code, ch. 10, sec. 8.07)
Sec. 1.06.008
Offenses
(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 article, or to do any act forbidden by any rule or regulation issued pursuant to the authority
contained in this article.
(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 town, 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
article and shall be subject to the penalties imposed by this article.
(Ordinance 87-07, sec. VIII, adopted 3/23/87; 2006 Code, ch. 10, sec. 8.08)
Sec. 1.06.009
Penalty
Any person violating any of the provisions of this article shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be subject to a fine in a sum not to exceed two
thousand dollars ($2,000.00) for each offense, and a separate offense shall be deemed committed
upon each day during or on which a violation occurs or continues. (Ordinance 87-07, sec. XI,
adopted 3/23/87; Ordinance 98-28, sec. 7, adopted 10/20/98; 2006 Code, ch. 10, sec. 8.09)
ARTICLE 1.07 RECORDS*
Secs. 1.07.001–1.07.030
Reserved
Division 2. Records Management†
Sec. 1.07.031
Policy
It is hereby declared to be the policy of the town to provide for efficient, economical, and
effective controls over the creation, distribution, organization, maintenance, use and disposition
or all municipal 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. (Ordinance 2006-28, sec. II, adopted 8/21/06; 2006 Code, ch. 1, sec. 14.01)
*
Charter reference–Public records, section 11.02.
State law references–Public access to records, V.T.C.A., Local Government Code, sec. 201.009; public
information, V.T.C.A., Government Code, ch. 552.
†
State law reference–Local Government Records Act, V.T.C.A., Local Government Code, ch. 201 et seq.
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Sec. 1.07.032
Definitions
Commission. The state library and archives commission.
Custodian of records. The appointed public officer(s) who by ordinance or administrative policy
is in charge of an office that creates or receives local government records.
Director and librarian. The executive and administrative officer of the state library and archives
commission.
Essential record. Any local government record of the town necessary to the resumption or
continuation of operations of the town in an emergency or disaster, to the re-creation of the legal
and financial status of the town, or to the protection and fulfillment of obligations to the people of
the state.
Local government record. Any 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 town 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 town 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. The term does
not include:
(1)
Extra identical copies of documents created only for convenience of reference or
research by officers or employees of the town;
(2)
Notes, journals, diaries, and similar documents created by an officer or employee of
the town for the officer’s or employee’s personal convenience;
(3)
Blank forms;
(4)
Stocks of publications;
(5)
Library and museum materials acquired solely for the purposes of reference or
display;
(6)
Copies of documents in any media furnished to members of the public to which they
are entitled under chapter 552, Government Code, or other state law; or
(7)
Any records, correspondence, notes, memoranda, or documents, other than a final
written agreement described by section 2009.054(c), Government Code, associated
with a matter conducted under an alternative dispute resolution procedure in which
personnel of a state department or institution, local government, special district, or
other political subdivision of the state participated as a party, facilitated as an
impartial third party, or facilitated as the administrator of a dispute resolution system
or organization.
Permanent records or record of permanent value. Any record of the town for which the retention
period on a records retention schedule issued by the state library and archives commission is
given as permanent.
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Records control schedule. A document prepared by or under the authority of the records
management officer listing the records maintained by the town, their retention periods, and other
records disposition information that the town’s records management program may require.
Records liaison officers. The persons designated by the town manager to interface with town
departments and the public and to perform such other duties as assigned.
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 records storage systems.
Records management officer. The person or position designated in this division as the records
management officer and his or her successor.
Records management plan. The plan developed under section 1.07.035 of this division.
Records retention schedule. A document issued by the state library and archives commission
under authority of the Texas Government Code, as amended, establishing mandatory retention
periods for local government records.
Retention period. The minimum time that must pass after the creation, recording, or receipt of a
record, or fulfillment of certain actions associated with a record, before it is eligible for
destruction.
Sec. 1.07.033
Town records declared public property
All municipal records as defined in this division are hereby declared to be the property of the
town. No municipal 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. (Ordinance
2006-28, sec. II, adopted 8/21/06; 2006 Code, ch. 1, sec. 14.03)
Sec. 1.07.034
Designation of records management officer
The office of town secretary, and successive holders and designees of said office, shall serve as
records management officer for the town. 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
days of the initial designation or of taking up the office, as applicable. The town council
designation of the name, office, or position of the records management officer shall be entered
into the minutes of the town council meeting at which such designation is made. (Ordinance
2006-28, sec. II, adopted 8/21/06; 2006 Code, ch. 1, sec. 14.04; Ordinance 2013-36 adopted
10/7/13)
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Sec. 1.07.035
plan
Records management plan to be developed; approval of plan; authority of
(a) The records management officer, under the direction of the town manager, shall develop a
records management plan for the town for submission to and approval by the town council. The
plan shall be adopted by ordinance and must provide methods and procedures to enable the town
council, custodian of records, and records management officer to fulfill the duties and
responsibilities set out in the Texas Local Government Code, sections 203.021, 203.022, and
203.023, as amended, concerning the management and preservation of records. A copy of the
ordinance shall be filed by the records management officer with the director and librarian within
30 days after the date of its adoption. The plan shall also contain policies and procedures
designed to reduce the costs and improve the efficiency of recordkeeping, to adequately protect
the essential records of the municipality, and to properly preserve those records of the
municipality 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 town council, the records management plan shall be binding on all
offices, departments, divisions, programs, commissions, bureaus, boards, committees, or similar
entities of the town and records shall be created, maintained, stored, microfilmed [or disposed of
according to the plan].
(c) State law relating to the duties, other responsibilities, or recordkeeping requirements of a
custodian of records does not exempt him or her or the records in his or her care from the
application of this division and the records management plan adopted under it, nor may it be used
by the custodian of records as a basis for refusal to participate in the records management
program of the town.
Sec. 1.07.036
Duties of records management officer
In addition to other duties assigned in this division and state law, the records management officer
shall:
(1)
Assist in establishing and developing policies and procedures for a records
management program;
(2)
Administer the records management program and provide assistance to town staff for
the purposes of reducing the costs and improving the efficiency of recordkeeping;
and
(3)
In cooperation with the custodian of records shall:
(A)
Prepare and file the records control schedules and amended schedules required
by section 203.041 and the list of obsolete records as provided by section
203.044, as amended, of the Texas Local Government Code;
(B)
Prepare or direct the preparation of requests for authorization to destroy records
not on an approved control schedule as provided by this division;
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(C)
Identify and take adequate steps to preserve local government records that are
of permanent value;
(D)
Identify and take adequate steps to protect essential local government records;
(E)
Ensure that the maintenance, preservation, microfilming, destruction, or other
disposition of records is carried out in accordance with the policies and
procedures of the town’s record management program and the requirements of
state law, including rules and policies adopted under that program;
(F)
Disseminate to the town council and custodians of records information
concerning state laws, administrative rules, and the policies of the town relating
to town records; and
(G)
Establish procedures to ensure that the handling of records in any context of the
records management program by the records management officer or those
under the officer’s authority is carried out with due regard for:
(i)
The duties and responsibilities of custodians that may be imposed by
law; and
(ii)
The confidentiality of information in records to which access is restricted
by law.
Sec. 1.07.037
Records control schedules to be developed; approval; filing with state
(a) The records management officer, acting under the direction of the town manager, shall
prepare records control schedules on a department-by-department basis listing all records created
or received by the department and the retention period for each record. Records control schedules
shall also contain such other information regarding the disposition of municipal records as the
records management plan may require.
(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 and that it continues to reflect the recordkeeping procedures and
needs of the department and the records management program of the town.
(c) Before its adoption, a records control schedule or amended schedule for a department must
be approved by the town manager.
(d) Before its adoption, a records control schedule must be submitted and accepted for filing by
the director and librarian as provided by state law. If a schedule is not accepted for filing, the
schedule shall be amended to make it acceptable for filing. The records management officer shall
submit the records control schedules to the director and librarian.
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Sec. 1.07.038
schedule
Implementation of records control schedules; destruction of records under
(a) A records control schedule for a department that has been approved and [adopted under this
division shall be] implemented in accordance with 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 matter of the record
is pertinent to a pending lawsuit, or a 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
town manager.
Sec. 1.07.039
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. (Ordinance 2006-28, sec. II,
adopted 8/21/06; 2006 Code, ch. 1, sec. 14.09)
Sec. 1.07.040
Records center
A records center, developed pursuant to the plan required by this division, 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 hereunder. (Ordinance 2006-28, sec. II, adopted 8/21/06; 2006
Code, ch. 1, sec. 14.10)
Sec. 1.07.041
Alternative storage methods
All electronic, digital or other storage of records authorized under the records management plan
shall be centralized and under the direct supervision of the records management officer. The
records management plan shall establish policies and procedures for the storage of municipal
records, including policies to ensure that any alternative storage method is utilized in accordance
with standards and procedures for the local government records established in rules of the state
library and archives commission. The plan shall also establish criteria for determining the
eligibility of records for alternative storage methods and protocols for exempting records from the
centralized process; provided, however, that exempted records are still subject to periodic review
by the records management officer as to cost-effectiveness, administrative efficiency, and
compliance with commission rules. (Ordinance 2006-28, sec. II, adopted 8/21/06; 2006 Code, ch.
1, sec. 14.11)
Secs. 1.07.042–1.07.060
Reserved
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Division 2. Open Records
Sec. 1.07.061
Use of facsimile or protected document format for providing information
The town will provide information requested pursuant to the Texas Open Records Act by use of
facsimile machines or by using a protected document format, providing that information released
by use of facsimile does not exceed three pages and information released by use of a protected
document format does not exceed fifty (50) pages. (Ordinance 2006-18, sec. II, adopted 6/19/06;
2006 Code, ch. 1, sec. 13.01)
Sec. 1.07.062
Thirty-six hour time limit
Pursuant to and subject to the limitations in V.T.C.A., Government Code, section 552.275, the
town council hereby establishes thirty-six (36) hours as a reasonable limit on the amount of time
that personnel of the town are required to spend producing public information for inspection or
duplication by a requestor, or providing copies of public information to a requestor, without
recovering its costs attributable to that personnel time. Costs for time recoverable under this
section shall accrue in accordance with the town’s schedule of fees. (Ordinance 2012-13, sec.
2.01, adopted 5/21/12)
ARTICLE 1.08 PARKS AND RECREATION*
Secs. 1.08.001–1.08.030
Reserved
Division 2. Parks and Recreation Board
Sec. 1.08.031
Definitions
For the purpose of this division, the following terms, phrases, words and their derivations shall
have the meaning given herein:
Adult. A person eighteen (18) years of age or older.
Amplified device. Any sound system or other device which has the ability to increase or make
louder any voice or other sound or noise and which transmits such voice, sound or noise to the
general public or persons in the vicinity.
Baseball facility(ies). All structures or grounds within Independence East and Independence West
that are utilized for baseball or t-ball activities.
Director. The director of parks and recreation for the town or his designee.
Park. A park, playground, recreation center or any other area or facility owned, used, controlled,
or leased by the town and devoted to active or passive recreation.
*
State law reference–Authority to acquire and maintain parks, museums and historic sites, V.T.C.A.,
Local Government Code, ch. 331.
1-45
Park property. A park, playground, athletic facility or any other area located within the
incorporated limits of the town, that is owned or leased by the town, and devoted to active or
passive recreation, including all creeks, ponds and lakes maintained by the town.
Parks and recreation board or board. The town parks and recreation board appointed by the town
council.
Person. Individual(s) or a partnership, corporation or any other legal entity.
Special event permit. A permit issued by the town pursuant to the town’s special event ordinance.
Tournament director. The person or his identified designee who is in charge of a tournament and
who is also designated as the primary point of contact with the town during a tournament.
Town manager. The town manager or his designee.
(Ordinance 2005-27 sec. 2, adopted 12/5/05; 2006 Code, ch. 9, sec. 1.01; Ordinance 2008-32, sec.
2, adopted 10/6/08; Ordinance 2013-10, sec. 2.01, adopted 3/4/13)
Sec. 1.08.032
Board established; membership; meetings
The parks and recreation board consisting of not less than nine (9) nor more than eleven (11)
regular members is hereby established as follows:
(1)
Qualifications. Members shall be residents of the town.
(2)
Compensation. Members shall serve without compensation.
(3)
Staggered terms. Members’ terms will be for three (3) years/staggered. Places on the
board shall be numbered 1 through 11. Places 1 through 4 on the initial board shall
serve for a term of one (1) year. Upon expiration of that one (1) year term, members
appointed to those seats shall serve on a regular three (3) year term interval.
(4)
Hold-over when replacement member has not qualified. If a replacement has not
qualified upon the expiration of a member’s term, then that member shall continue
his/her membership until replaced.
(5)
Officers. The board shall annually elect a chairperson, a vice-chairperson and a
secretary.
(A)
The chairperson shall preside over meetings and shall be entitled to vote upon
each issue. The board shall conduct its meetings in accordance with the town’s
board, commission and committee handbook.
(B)
The vice-chairperson shall assist the chairperson in directing the affairs of the
board. In the absence of the chairperson, the vice-chairperson shall assume all
duties of the chairperson. In the event that the vice-chairperson is absent, the
proceedings shall be conducted in accordance with Robert’s Rules of Order.
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(C)
The secretary shall review minutes of all meetings, and in the secretary’s
absence the chairperson shall designate another member to act as secretary.
Upon approval by the board, the secretary shall sign the official copy of the
minutes. The secretary shall distribute, once a year at the first regular meeting,
a copy of the current parks and recreation ordinance.
(6)
Director participation. The director of the parks and recreation department shall be in
attendance at the board meetings. The director shall participate in meetings to provide
staff assistance, reports, and recommendations as requested by the board.
(7)
Director to be ex-officio member. The director shall be an ex-officio member of the
board, with the responsibility to participate in discussions but without the right to
vote.
(8)
Absence from meetings.
(9)
(A)
A member’s absence from three (3) meetings annually without formal consent
of the board shall be deemed to constitute the resignation of that member and
shall be certified by the chairperson to the town council. A member’s absence
will be considered at the next regularly scheduled meeting following the
absence.
(B)
Members should attempt to make all regular meetings; however, if a member
finds difficulty in maintaining regular attendance, it is suggested that the
member consider whether he/she has sufficient time to be an effective member.
It is the responsibility of a member in this position to initiate a discussion with
the chair or staff liaison about attendance.
(C)
The chairperson of the board is to maintain a charted attendance record for all
members. If attendance becomes an issue, the staff liaison will attempt to
secure a written resignation.
Meetings. Regular meetings shall be held at least once a month on the date and at the
time established by the board as provided in this division, unless the chairperson
designates another time, date and place and all members of the board are notified at
least seven (7) days in advance.
(10) Quorum. A majority of members shall constitute a quorum.
(11) Minutes. Minutes of each board meeting shall be filed with the town secretary.
(Ordinance 2005-27, sec. 3, adopted 12/5/05; 2006 Code, ch. 9, sec. 1.02; Ordinance 2008-32,
sec. II, adopted 10/6/08)
Sec. 1.08.033
Powers and duties
(a) Generally. The parks and recreation board shall have the following powers and perform the
following duties:
(1)
Advisory capacity to council. The board shall act principally in an advisory capacity
to the town staff and the town council in all matters pertaining to parks and
1-47
recreation; shall acquaint itself with and make a continuous study of the complete
parks and recreation services of the town; and shall advise the staff and town council
from time to time as to the present and future policies, maintenance, operation,
planning, acquisition, development, and enlargement of the town parks and recreation
services. The board shall also have such authority as designated to it by town
ordinance.
(2)
Study and development of parks and recreation areas. The board shall study and
encourage the development of parks and recreation areas and the development of
recreation for all residents of the town.
(3)
Advisory capacity to director. It shall advise the board [director] on problems of
development of recreation areas, facilities, programs and improved recreation
services.
(4)
Recommendation of standards. It shall recommend the adoption of standards for
areas, facilities, programs and financial support for parks and recreation purposes.
(5)
Recommendations on capital improvement programs and acquisitions. The board
shall advise and recommend to the parks and recreation director the development of
long-range capital improvement programs, and, when the need exists for additional
park and recreational facilities, the board shall make appropriate recommendation to
the town council. It may also recommend the acquisition of additional parks, park
and recreational equipment and supplies.
(6)
Solicitation of grants. The board may solicit grants on behalf of the parks and
recreation board; provided, however, that the acceptance of any such grant is subject
to the approval and acceptance of the town council.
(7)
Cooperative opportunities. The board may cooperate with other governmental
agencies, civic organizations and all citizens of the town in the advancement of sound
parks and recreation planning and programming.
(8)
Amendments. The board may, from time to time, recommend to the town council
amendments to this division.
(9)
Reports. The board shall, through its chairperson or his/her designee, make an oral
and written report semi-annually to the town council concerning its activities during
the past year and its proposals for the coming year.
(10) Review of budget. The board shall review the proposed budget for the parks and
recreation department, and make any recommendations to the parks and recreation
director deemed necessary. The board is not authorized to add, delete or change in
any way the budget as prepared by the parks and recreation director.
(11) Adoption of additional rules. The board shall have authority to adopt such additional
rules that are not in conflict with this division that it deems necessary to carry out the
purpose and intent of this division, subject to town council approval.
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(12) Actions of board. No action of any individual member(s) is authorized except as
approved by the board. Only the board acting as a whole shall exercise the powers
and duties of the board.
(b) Board to serve as tree board. The parks and recreation board shall serve as the tree board
for the town with those duties and responsibilities set forth in article 10.02, division 8 (tree
preservation and removal) of the Code of Ordinances of the town, as amended.
sec. II, adopted 10/6/08; Ordinance 2011-06, sec. 2.03, adopted 3/21/11)
Sec. 1.08.034
Procedures
The procedures of the board are as set out below:
(1)
The board shall establish the schedule and time for its regular meetings. The
chairperson may call special meetings. All meetings shall be held in a public place
with public notice as prescribed by law.
(2)
A quorum consisting of a majority of members shall be required for the transaction of
any business.
Secs. 1.08.035–1.08.060
Reserved
Division 3. Park Regulations
Sec. 1.08.061
Park property generally; prohibited acts
Except as otherwise expressly provided, no person shall engage in any conduct prohibited by any
section of this division, including but not limited to one or more of the following acts, while in or
upon park property located within the incorporated limits of the town:
(1)
To ride, hitch, fasten, lead, drive, or let loose any animal; provided however, this
prohibition shall not apply to a dog when led by a chain, cord, or leash or to a dog
utilizing the fenced area of Freedom Dog Park.
(2)
To use, carry or discharge any firearm (except as allowed by state law), firework, air
gun, paintball gun, BB gun, slingshot, any manner of propelled weaponry, knife or
other similar lethal instruments.
(3)
To use or operate any model, helicopter, plane, boat, rocket or any radio controlled
device except in areas specifically designated for such purposes by the director.
(4)
To use or operate any motorboat, boat, kayak, canoe or watercraft on the waters of
any lake, pond, or stream except in areas specifically designated for such purposes by
the director.
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(5)
To damage, cut, break, injure, deface, disturb, mark, write upon, paint, or disturb any
tree, shrub, plant, rock, building, monument, fence, bench, or other structure.
(6)
To plant or place any tree, shrub, plant, rock, building, monument, fence, bench or
other structure except in areas specifically designated for such purposes by the
director.
(7)
To swim, bathe, wade in or pollute the water of any pond, lake, or stream.
(8)
To make or kindle a fire, except in town-installed bar-b-q pits or in areas specifically
designated for such purposes by the director or at a time when a burn-ban has been
declared to be in effect by Denton or Tarrant County as applicable.
(9)
To discharge any noxious liquid, greywater, or solids on or into any grounds, ponds,
fountains, lakes, or streams.
(10) To leave litter, garbage, cans, bottles, or other refuse elsewhere than in refuse
containers provided for such purpose.
(11) To participate or engage in any activity when such activity may cause, create or result
in a danger to the public or may be considered a nuisance to other users of park
property or a hazard to public safety and welfare.
(12) To disrupt in any manner any picnic, meeting, service, concert, exercise, event, or
exhibition.
(13) To distribute, post, place, or erect any device or document, including without
limitation, handbills, signs, circulars, notices, papers, or other items displaying a
commercial advertisement or otherwise offering goods or services for sale without
written permission from the director, or as otherwise allowed by town ordinance or
state law.
(14) To fail or refuse to remove and properly dispose of solid animal waste of pets or
other animals brought onto park property.
(15) To sell or offer for sale any food, drinks, confections, merchandise, or services except
as authorized by the town pursuant to an approved written agreement, or by written
permission of the director for a town authorized or sponsored special event or when
such sale is operated by town.
(16) To practice, carry on, conduct, or solicit for any trade, occupation, business, or
profession, except when approved, operated or sponsored by the town.
(17) To play golf or use or play with golf balls or golf clubs, except when approved,
operated or sponsored by the town.
(18) To bring, carry, transport, or possess a glass container.
(19) To possess or consume alcoholic beverages of any kind.
(20) To play or bet on any game which is played, conducted, dealt, or carried on.
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(21) To operate any amplified device except when operated by the town or when operated
as authorized by and in accordance with the parameters established by a special event
permit.
(22) For any person over the age of six (6) years to use a restroom and/or washroom
designated for a member of the opposite sex.
(23) To remain in or upon any park property at a time when the park property is closed.
Signs indicating hours of operation shall be posted at conspicuous locations to give
notice thereof. Hours of operation for park property shall be as follows:
(A)
Except as otherwise specifically provided herein, all town park facilities shall
be closed from one hour after sunset until one hour prior to sunrise the next
day, unless the use of such park facilities has been scheduled with the town for
an athletic use, a special event, or a program.
(B)
Freedom Dog Park shall be open one half hour prior to sunrise and shall close
one half hour after sunset.
(C)
Harmony Park and the Independence East and West facilities may remain open
until 10:00 p.m. from Sunday through Saturday for scheduled uses programs or
events. For tournament play, these facilities may be open on Friday and
Saturday until 11:00 p.m. and on Sundays until 10:30 p.m., except that for
Friday through Sunday play only, upon request from the tournament director,
the town manager or his designee may authorize a thirty (30) minute extension
for play. Tennis facilities may remain open from one half hour prior to sunrise
until 10:00 p.m. for tennis related activities only.
(Ordinance 2013-10, sec. 2.03, adopted 3/4/13; Ordinance adopting Code)
Sec. 1.08.062
Vehicular regulations
Except as otherwise expressly provided, no person shall engage in any conduct prohibited by any
section of this division, including but not limited to one or more of the following acts, while in or
upon park property located within the incorporated limits of the town:
(1)
Operate a vehicle at a rate of speed in excess of 15 miles per hour upon a drive, road
or parking lot within or upon park property unless such area is otherwise posted.
(2)
Exhibit or cause any unnecessary acceleration of a vehicle, including but not limited
to acceleration or any other action which causes gravel to be thrown, tires to squeal,
or otherwise creates or causes a threat of injury or damage to persons or property.
(3)
Operate a vehicle, device, motorized cart, motorized assisted scooter or other
motorized device including, but not limited to vehicles known as ATV’s anywhere in
or upon park property, including without limitation, a green space or other grassy
area, a common area, a pathway, or a sidewalk, unless such area is specifically
designated for that purpose by the director; provided however that this prohibition
shall not apply to a device for assisting the disabled or a device that is medically
necessary to assist a person with personal mobility.
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(4)
Park in areas other than those specifically designated for parking or as otherwise
authorized by the director.
(5)
Where parking spaces are marked, all vehicles shall be parked within and between
the lines designating a single vehicle parking space and not otherwise in a manner
that utilizes more than one parking space.
(6)
No vehicle shall be parked, stopped, or left standing behind any other vehicle in any
location or in any manner that will obstruct, block, or hinder ingress or egress from
the line, a parking space, or a parking area. Any vehicle that is parked, stopped, or
left in violation of this section may be removed at the owner’s expense by a peace
officer or by an authorized representative of the town if the owner or operator of the
vehicle is not in control of the vehicle or cannot be located to remove the obstructing
vehicle and the obstruction creates an immediate hazard or hindrance to the flow of
vehicle. No variation to the requirements of this section shall be allowed unless
specifically authorized in writing by the director. This section is cumulative of
remedies authorized by state law for the removal of unauthorized vehicles.
(7)
Cause or allow either an operable or an inoperable motor vehicle to remain on any
parking area for a period of more than twenty-four (24) continuous hours.
(Ordinance 2013-10, sec. 2.03, adopted 3/4/13)
Sec. 1.08.063
and bicycles
Roller skates, roller blades, in-line skates, skateboards, coasters, scooters
The use of roller skates, roller blades, in-line skates, skateboards, coasters, scooters and bicycles
or similar device is permitted upon any sidewalk, pathway or park trail. Notwithstanding the
foregoing, a person shall not ride or use any roller skates, roller blades, in-line skates,
skateboards, coasters, scooters and bicycles in an area where a sign prohibiting such conduct is
posted. (Ordinance 2013-10, sec. 2.03, adopted 3/4/13)
Sec. 1.08.064
Use of tobacco products
It shall be unlawful for any person to use any tobacco product or to smoke, or possess burning
tobacco or other plant product in any park where signs prohibiting such conduct are posted.
Smoking is allowed in town parking areas which either service or are part of park property.
Sec. 1.08.065
Unshelled nuts and seeds
It shall be unlawful for any person to use, distribute or sell unshelled seeds or nuts of any variety
in any baseball facility, except during tournament play. (Ordinance 2013-10, sec. 2.05, adopted
3/4/13)
Sec. 1.08.066
Freedom Dog Park
(a) No dog shall be permitted in Freedom Dog Park except when in the care, custody and
control of a person at least twelve (12) years of age. Any person under twelve (12) years of age
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shall be accompanied by and be under the direct supervision of an adult while in Freedom Dog
Park.
(b) All dogs shall be at least four (4) months of age and shall display a tag displaying a current
rabies vaccination. It shall be a violation for a person to allow or permit a dog to utilize or to be
within Freedom Dog Park if the dog does not meet the foregoing requirements.
(c) No animals other than dogs shall be permitted within the fenced area of Freedom Dog Park
except as authorized by the director for the purpose of a town approved special event or program.
(d)
All dogs shall remain on-leash while entering and exiting the Freedom Dog Park.
(e) Dogs over thirty-five (35) pounds shall not be allowed in the area identified for use as the
“small dog” area.
(f) Food shall not be allowed in the Freedom Dog Park, including without limitation, treats
used for training purposes, except when authorized by the director for a town approved special
event or program.
Sec. 1.08.067
(a)
Exemptions
All town and MUD1 vehicles shall be exempt from the restrictions of this division.
(b) Town staff may perform maintenance operations on any field outside of the posted hours
with the provision that field lights may not be used during such operations.
(c) Organizations requesting the use of park properties or facilities outside of the established
operational hours may request a special event permit pursuant to the town’s special event
ordinance.
Secs. 1.08.068–1.08.090
Reserved
Division 4. Trophy Club Park
Part I. In General
Sec. 1.08.091
Definitions
Alcoholic beverage. All beverages containing any amount, quantity or content of alcohol.
All-terrain vehicle. A motor vehicle that is:
(1)
Equipped with a saddle for the use of the rider;
(2)
Designed to propel itself with three or four tires in contact with the ground;
(3)
Designed by the manufacturer for off-highway use by the operator only; and
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(4)
Not designed by the manufacturer for farming or lawn care.
Moped. A motor-driven cycle that cannot attain a speed in one mile of more than 30 miles per
hour and the engine of which:
(1)
Cannot produce more than two-brake horsepower; and
(2)
If an internal combustion engine, has a piston displacement of 50 cubic centimeters
or less and connects to a power drive system that does not require the operator to
shift gears.
Motorcycle. A motor vehicle, other than a tractor, that is equipped with a rider’s saddle and
designed to have when propelled not more than three wheels on the ground.
Motor-driven cycle. A motorcycle equipped with a motor that has an engine piston displacement
of 250 cubic centimeters or less.
Park, park facility or park land. Park land or recreational or park facilities located within Trophy
Club Park and any building or facility located thereon, and under the control of the town as a part
of the park, recreation or playground area, whether or not such areas have been formally
dedicated to such purposes.
Park and recreation rules and regulations. The written rules, regulations and policies adopted by
the town which govern the use of Trophy Club Park.
Parking area. Any designated portion of any park or any park road or drive which is set aside for
the parking of vehicles.
Permit. Written permission from the town or other appropriate governmental agency or entity
which allows the person in possession of such permit to carry out or engage in a given activity in
a park.
Person. Any individual, person, firm, partnership, association, corporation, company or
organization of any kind.
Title 36. Title 36, Parks, Forests, and Park Land, of chapter III, U.S. Army Corps of Engineers,
part 327, Rules and Regulations Governing Public Use of Water Resources Development Projects
Administered by the Chief of Engineers, as amended.
Town designee. The person designated by the town council to oversee the administration of this
division, including that person’s designee.
Trail or course. Any pathway or other area with identified boundaries which is designated for a
specifically identified use by the public or members thereof engaging in a specified recreational
activity.
Vehicle. Includes any wheeled device or conveyance propelled by motor or engine.
Vessel. Any watercraft other than a seaplane on water used or capable of being used for
transportation on water.
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Watercraft. A vessel, one or more water skis, an aquaplane or another device used for
transporting or carrying a person on the water, other than a device propelled only by the current
of water.
(Ordinance 2002-45, sec. 2, adopted 12/16/02; Ordinance 2003-06, sec. 2, adopted 4/7/03; 2006
Code, ch. 9, sec. 2.01; Ordinance adopting Code)
Sec. 1.08.092
(a)
Hours open to public; signage
Trophy Club Park shall be open to the general public only between the hours posted below:
Park Operational Hours
Season
Summer
Parts of
Fall/Spring
Winter
Days
Monday through Sunday
Park Opens
6:00 a.m.
6:00 a.m.
Park Closes
8:00 p.m.
7:00 p.m.
6:00 a.m.
6:00 p.m.
Park ORV/OHV Operational Hours
Season
Days
Park
Opens
6:00 a.m.
6:00 a.m.
From
(OHV)
8:00 a.m.
8:00 a.m.
To
(OHV)
8:00 p.m.
7:00 p.m.
Park
Closes
8:00 p.m.
7:00 p.m.
Summer
Parts of
Fall/Spring
Winter
6:00 a.m.
8:00 a.m.
6:00 p.m.
6:00 p.m.
(b) Such hours shall be posted at the main entry gate of the park. The town designee shall have
the authority to close the park at any time he or she deems necessary to serve public health, safety
or welfare or to allow for maintenance. It shall be unlawful for any person to enter, be or remain
in the park when closed except for events approved or scheduled by the town designee or town
council.
(c) The town designee shall cause signs to be placed within Trophy Club Park advising persons
of the prohibitions contained in this division and directing traffic flow through the park, including
but not limited to traffic flow on paved roadways and trails or recreational courses within the
park.
Sec. 1.08.093
General prohibitions
Persons utilizing Trophy Club Park facilities shall comply with all U.S. Army Corps of Engineers
regulations and federal, state and local laws, rules and regulations, including but not limited to
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title 36, town ordinances, and applicable park rules and regulations enacted by the town. Except
as specifically provided herein, no person shall do or cause to be done any of the following:
(1)
Enter the park or utilize any portion of the park, including but not limited to boat
launching areas, off-road vehicle areas, off-highway vehicle areas, or other
recreational or park areas, without paying the designated fee for such area.
(2)
Use or possess any glass container.
(3)
Possess or consume any alcoholic beverage.
(4)
Permit any animal owned or possessed by a person to run at large or permit any such
animal in the park unless it shall be at all times kept on a leash or confined in a cage.
(5)
Abandon any animal in the park.
(6)
Allow any horse into the park in an area not designated for such use.
(7)
Fail to immediately clean up and properly dispose of any feces left by an animal in
the person’s possession or under his control.
(8)
Carry any firearms prohibited under state and federal law or discharge any firearm,
BB gun or airgun, except where designated or as authorized by federal, state, or local
law, rule or regulation.
(9)
No person shall dump, deposit, or leave any refuse or trash, including but not limited
to bottles, broken glass, paper, boxes, cans, dirt, rubbish, waste, garbage, or other
trash, on park property. No such refuse or trash shall be placed in any waters located
within any park, or left anywhere on the grounds. All refuse and trash shall be placed
in the proper receptacles where these are provided. Where receptacles are not
provided, all refuse and trash shall be removed from the park by the person
responsible for its presence, and properly disposed of elsewhere.
(10) Participate in any activity when such activity will create a danger to the public or
shall be considered a public nuisance.
(11) Drive any vehicle across the curbs, sidewalks, grass, lawn, or anywhere else other
than upon the roads, streets, parking areas, trails or courses designated for that
purpose.
(12) Drive any vehicle carelessly and heedlessly disregarding the rights or safety of others
without due caution and at a speed, or in a manner, so as to endanger, or be likely to
endanger, any person or property.
(13) Operate a motor vehicle, including an off-road vehicle or off-highway vehicle, at any
time, without a muffler in good working order, or operate such motor vehicle in a
manner as to create excessive or unusual noise or annoying smoke, or use a muffler
cutout, bypass, or similar device.
(14) Park vehicles or trailers upon the grass, lawn or anywhere else, other than in those
areas designated for that purpose.
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(15) Park vehicles anywhere except within and between visible lines designating a single
vehicle parking space of any parking lot when such visible parking space lines have
been placed upon such parking lots.
(16) Park any vehicle in any parking area so as to obstruct, block or hinder ingress or
egress to a parking area.
(17) Operate vehicles off the surface of designated roadways, trails or courses.
(18) Use or speak any threatening, abusive, insulting, or indecent language, and no person
shall commit any obscene, lewd or indecent act or create any nuisance.
(19) Fires are prohibited except in designated areas.
(20) For any person twelve (12) years of age or under to be in the park unless
accompanied by an adult.
(21) Mark, deface, disfigure, injure, tamper with, alter, or remove, create or obstruct any
roadways, trails, courses, boat launches, park or recreational facilities, buildings,
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, located within the park. Notwithstanding the foregoing, a
person shall alter or remove park property as specifically authorized by a properly
issued permit approved by the town designee or other governmental agency with
authority to issue such permit. Such person shall be responsible for replacement or
repair of all such items to a condition equal to or better than that existing prior to the
issuance of the permit.
(22) 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 hand, tool, equipment, blasting, or other means or agency, including but not
limited to building or creating obstacles or obstructions, except as specifically
allowed in areas so designated.
(23) 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 town.
(24) Attach any wire, rope, or other contrivance to any structure or piece of park
equipment.
(25) Play or bet at or against any game which is played, conducted, dealt or carried on
with cards, dice or other devices, for money, chips, shells, credit or any other
representation of value, or maintain or exhibit any gambling table or other instrument
of gambling or gaming.
(26) Disturb in any manner any picnic, meeting, service, concert, exercise or exhibition or
permitted special event.
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(27) Sell or offer for sale any food, drinks, confections, merchandise or services unless
such person has a written agreement or a permit issued by the town.
(28) Practice, carry on, conduct or solicit for any trade, occupation, business or profession
without the appropriate permit or authorization of the town.
(29) Camp overnight.
(30) Hitch a horse or other animal to any tree, plant, or structure, except as specifically
allowed in designated areas.
(31) Plant trees, flowers, shrubs, or other vegetation in a park without first obtaining
written approval and permission from the town. The request for approval must
specifically identify all trees and other vegetation to be planted, their proposed
location, and the nature and extent of maintenance required by such trees or other
vegetation.
(32) Hunt, trap, molest, harm, frighten, tease, shoot, or throw missiles at any animal,
reptile, or bird; nor shall a person remove or have in his/her possession the young of
any wild animal, or the eggs or nest or young of any reptile or bird. This section shall
not apply to town employees, agents or contractors in the performance of duties and
obligations as specified in a written contract between such person(s) and the town or
which are required as a part of the duties and obligations of an employee of the town
in the proper performance of such person’s job.
(33) Give or offer, or attempt to give, to any animal or bird, any tobacco, alcohol or other
toxic or injurious substances.
(34) 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 hereby made for a person acting pursuant to and in
accordance with a contract between such person and the town, in accordance with
such person’s job duties as an employee of the town or in accordance with a permit
or other authorization issued by the town. In addition to compliance with the
requirements of this division, compliance with the town’s tree ordinance and all other
applicable ordinances shall be required.
(35) Climb any tree or walk, stand or sit upon any monument, vases, fountains, railings,
fences, or upon any other property or structure not designated or customarily used for
such purposes.
(36) Fail to comply with any regulation contained within title 36, Parks, Forests, and Park
Land, of chapter III, U.S. Army Corps of Engineers, part 327, Rules and Regulations
Governing Public Use of Water Resources Development Projects Administered by
the Chief of Engineers. A copy of title 36 shall be on file and available for review in
the office of the town secretary or the community development department.
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(37) No person shall engage in activities that involve thrown or otherwise propelled
objects such as golf balls, stones, arrows, javelins or other objects likely to inflict
injury, except as specifically authorized in writing by the town designee or allowed
by permit issued by the town or other authorized agency having jurisdiction over
such activity.
(38) No person shall throw, discharge, or otherwise cause to be placed in the water of any
fountain, pond, or independent body of water within the park, or any storm sewer or
drain within the park, any substance, material or thing, liquid or solid, which will or
shall result in the pollution of such waters.
Sec. 1.08.094
Exemptions
In addition to the specific exemptions provided to the town, its contractors and employees in this
division, subsections (1), (8), (11), (13), (14), (16), and (17) of section 1.08.093 shall not apply to
vehicles operated by town, county, state or federal agencies when such vehicles are operated for
the purpose of maintenance or improvements to Trophy Club Park. (Ordinance 2002-45, sec. 5,
adopted 12/16/02; Ordinance 2003-06, sec. 5, adopted 4/7/03; 2006 Code, ch. 9, sec. 2.04;
Ordinance adopting Code)
Sec. 1.08.095
Adoption of additional regulations
The town manager and her designee(s) shall, from time to time, promulgate rules and regulations
governing the use of Trophy Club Park. Such rules and regulations shall be either in the form of
an ordinance duly enacted by the town council or in the form of formal rules and regulations
approved and adopted by the town council. (Ordinance 2002-45, sec. 6, adopted 12/16/02;
Ordinance 2003-06, sec. 6, adopted 4/7/03; 2006 Code, ch. 9, sec. 2.05; Ordinance adopting
Code)
Sec. 1.08.096
Operation of vehicles generally
(a) All applicable state and local vehicle and traffic laws and ordinances shall continue in full
force and effect in Trophy Club Park. No person shall drive a vehicle on a street or highway
within the park at a speed greater than is reasonable and prudent under the circumstances then
existing.
(b) The maximum rate of speed on each of the streets, roads and highways within Trophy Club
Park, other than trails or courses, shall be twenty-five (25) miles per hour. It shall be unlawful for
any person to drive any vehicle thereon at a speed greater than twenty-five (25) miles per hour.
(c) No person shall operate, drive, park, or ride any licensed or unlicensed motorized or
human-powered vehicle on other than on a vehicular road designated for that purpose or on a
course, trail or other roadway specifically designated for such purpose, except that this section
shall not apply to authorized town vehicles in the proper performance of their duties or to a
contractor or agent of the town in the proper performance of contractual obligations to the town.
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Sec. 1.08.097
All-terrain vehicles, motorcycles, mopeds and motor-driven cycles
(a) A person shall not operate an all-terrain vehicle within or upon the park property unless the
person:
(1)
Holds a safety certificate issued under Texas Transportation Code, chapter 663, AllTerrain Vehicles, subchapter B, All-Terrain Vehicle Operator Education and
Certification, or under the authority of another state;
(2)
Is taking a safety training course under the direct supervision of a certified all-terrain
vehicle safety instructor; or
(3)
Is under the direct supervision of an adult who holds a safety certificate issued under
applicable law.
(b) A person to whom a safety certificate required by subsections (a)(1) through (3) of this
section has been issued shall:
(1)
Carry the certificate when the person operates an all-terrain vehicle on park property;
and
(2)
Display the certificate at the request of any law enforcement officer.
(c) A person younger than 14 years of age who is operating an all-terrain vehicle must be
accompanied by and be under the direct supervision of either the person’s parent or guardian or
an adult who is authorized by the person’s parent or guardian.
(d)
An all-terrain vehicle that is operated on park property must be equipped with:
(1)
A brake system maintained in good operating condition;
(2)
An adequate muffler system in good working condition; and
(3)
A United States Forest Service qualified spark arrester.
(e) An all-terrain vehicle that is operated on park property must display a lighted headlight and
taillight:
(f)
(1)
During the period from one-half hour after sunset to one-half hour before sunrise; and
(2)
At any time when visibility is reduced because of insufficient light or atmospheric
conditions.
A person shall not operate an all-terrain vehicle on park property if:
(1)
The vehicle has an exhaust system that has been modified with a cutout, bypass, or
similar device; or
(2)
The spark arrester has been removed or modified, unless the vehicle is being operated
in a closed-course competition event.
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(g) The town designee shall exempt all-terrain vehicles that are participating in certain
competitive events from the requirements of this section.
(h) A person shall not operate, ride, or be carried on an all-terrain vehicle, motorcycle, motordriven cycle, or moped on park property unless the person wears:
(1)
A safety helmet that complies with United States Department of Transportation
standards; and
(2)
Eye protection.
(i) A person shall not operate an all-terrain vehicle, motorcycle, motor-driven cycle, or moped
on park property in a careless or reckless manner that endangers, injures, or damages any person
or property.
(j) A person shall not carry a passenger on an all-terrain vehicle, motorcycle, motor-driven
cycle, or moped operated on park property.
(k) A person shall not operate an all-terrain vehicle, motorcycle, motor-driven cycle, or moped
on a public street, road, or highway except as provided by this section.
(l) The operator of an all-terrain vehicle may drive the vehicle across a public street, road, or
highway that is not an interstate or limited-access highway, only if the operator:
(1)
Brings the vehicle to a complete stop before crossing the shoulder or main traveled
way of the roadway;
(2)
Yields the right-of-way to oncoming traffic that is an immediate hazard;
(3)
Makes the crossing at an angle of approximately ninety (90) degrees to the roadway,
at a place where no obstruction prevents a quick and safe crossing and with the
vehicle’s headlights and taillights lighted.
(m) The operator of an all-terrain vehicle shall drive such vehicle across a divided highway
other than an interstate or limited-access highway only at an intersection of the highway with
another public street, road, or highway.
(n) This section does not apply to the operation of an all-terrain, motorcycle, motor-driven
cycle, or moped vehicle that is owned by the state, a county, or a municipality and operated by a
person authorized to operate such vehicle.
Code, ch. 9, sec. 2.07)
Sec. 1.08.098
(a)
Usage fees
The following fees shall be collected from park users as applicable:
(1)
Daily park entrance/boat launch: $3.00 per vehicle.
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(2)
Additional fees: $5.00 for each additional ATV, motorcycle, motor-driven cycle or
moped not being the primary mode of conveyance.
(3)
Special event permit fee: To be determined by the town council.
(4)
Security fee: $25.00 per hour per police officer.
(5)
Annual pass (for entry fee and boat launch only): $75.00 per year for nonresidents of
the town; $50.00 per year for residents and other categories of users as approved by
the town council. In the event that there is a conflict between the fee charged in this
division and the fee charged in the schedule of fees ordinance, the amount specified
in the fee ordinance shall control the fees charged for Trophy Club Park. The annual
pass is valid from January 1 to December 31 of the year in which it is issued
regardless of the month in which the pass is actually purchased. The annual pass shall
be displayed at all times on the vehicle for which it was issued in accordance with the
applicable instructions for attachment.
(6)
A replacement pass may be purchased. A replacement pass may be purchased in the
event that (i) an annual pass is damaged, or (ii) the vehicle for which the pass is
issued is damaged or sold, or (iii) ownership of the vehicle is otherwise transferred,
and (iv) the old pass is removed from the vehicle and returned either in whole or in
part. A partial annual pass is sufficient to allow the issuance of a replacement pass if
the salvaged portion of the pass contains either all or a portion of the registration
number on the original pass. The cost of such replacement pass shall be $5.00 to
cover costs of voiding the old pass and issuing a new pass. If an applicant is unable to
return the old pass, either in whole or in part, and a new pass is requested, then such
applicant shall be required to purchase a new pass at full price.
(b) Notwithstanding any provision in this division establishing a fee, in the event of a conflict
between the amount of the fee specified in this division and the amount of the fee specified in the
most recent schedule of fees adopted by the town council, the amount specified in the most recent
schedule of fees shall control and shall be due and payable as a condition of use.
Code, ch. 9, sec. 2.08)
Secs. 1.08.099–1.08.120
Reserved
Part II. Special Event Permit
Sec. 1.08.121
Application
(a) A person wishing to conduct a special event or engage in an organized activity within the
park for which a permit is required by title 36, ordinance, rule, regulation, or policy shall file an
application with the town designee and pay the fees as set forth herein.
(b) Permit applications for organized events or activities to be held within the park shall at a
minimum provide the following information:
(1)
The name, address, and telephone number of the applicant. If the use or activity is to
be conducted for, on behalf of, or by any person or organization other than the
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applicant, then the name, address and telephone number of that person or
organization must be provided;
(2)
The date(s) and hours for which the permit is requested;
(3)
Type of proposed use or activity;
(4)
The portion of the park facility desired to be used to conduct the proposed use or
activity;
(5)
An estimate of the anticipated attendance; and
(6)
Any requested site support for the permitted activity, including the need for
additional sanitary and refuse facilities.
(c) Permit applications for events or activities pursuant to this section shall be filed with the
town designee for consideration not less than ten (10) business days nor more than three hundred
sixty-five (365) days before the date of the proposed use or activity, except as otherwise provided
by title 36, town ordinance, rule, regulation, or policy, or if waived in writing by the town
designee. The town designee shall evaluate the application and render a decision in accordance
with the procedures set forth in this division within ten (10) business days of receipt of such
request.
(d) If the town designee determines that anticipated attendance at the activity or the conduct of
the permitted activity shall reasonably cause injury to persons or property, or be detrimental to the
health, safety or welfare of the public, the town designee shall require that additional security
precautions be taken to permit the use of the designated area. In such event, the town designee
shall impose a security fee as specified herein to defray the cost of furnishing adequate security
forces by the town at the proposed function.
(Ordinance 2002-45, sec. 10, adopted 12/16/02; Ordinance 2003-06, sec. 10, adopted 4/7/03;
2006 Code, ch. 9, sec. 2.09)
Sec. 1.08.122
Denial; conditions or restrictions
(a) Upon receiving a written application for permit, the town designee shall grant a written
permit for the requested special event unless:
(1)
The proposed activity or use of the park will unreasonably interfere with or detract
from the general public use and enjoyment of the park;
(2)
The proposed activity or use of the park will unreasonably interfere with or detract
from the health, safety or welfare of the public;
(3)
The area of the park requested for use by the applicant has been reserved for another
activity or for use at the day and hour requested in the application;
(4)
False or misleading information is contained in the application or required
information is omitted;
(5)
The proposed activity or use would violate any federal, state, or municipal law; or
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(6)
The nature of the proposed activity or use, equipment needed for the event, and/or
level of attendance would likely cause unreasonable or undue environmental damage
to the park.
(b) The town designee shall impose reasonable conditions or restrictions on the granting of a
permit, including but not limited to any of the following:
(1)
A requirement that the applicant post a security deposit as determined reasonable by
the town designee for the repair of any damage to the park or the cost of cleanup or
both. The amount of the security deposit shall be based upon the nature, attendance,
and duration of the permitted activity;
(2)
A requirement that the applicant pay a fee as determined necessary by the town
designee based upon documented costs of furnishing adequate town personnel at the
proposed use or activity, including but not limited to security personnel;
(3)
A requirement that the applicant furnish additional sanitary and refuse facilities that
shall be reasonably necessary, based upon the use or activity for which the permit is
being sought;
(4)
A requirement that the applicant pay a fee as determined necessary by the town
designee to cover the administrative costs of the permit application and site support
by the town at the proposed use or activity.
2006 Code, ch. 9, sec. 2.10)
Sec. 1.08.123
Appeals
Decisions of the town designee regarding the issuance of a permit, the imposition of additional
restrictions or conditions upon the granting of a permit, or the use of the park shall be appealed to
the town parks and recreation committee. Such appeal shall be in writing and shall be filed within
five (5) business days after the issuance of a decision by the town designee. When making a
determination regarding the appeal, the town designee shall consider the application under the
standards provided in this division. Provided, however, that appeals for denial of a permit shall be
based upon all facts and circumstances presented. The town parks and recreation committee shall
either sustain or overrule the town designee’s decision. The decision of the committee shall be
issued in writing and filed with the town secretary within ten (10) business days of such decision.
Decisions of the town parks and recreation committee shall be appealed to the town council. Such
appeal shall be in writing and shall be filed with the town secretary within five (5) business days
after the issuance of such decision. The appeal to the town council shall be placed on the agenda
for the next regularly scheduled town council meeting for which the applicant is able to meet
town-established deadlines for submittal of agenda items. The decision of the town council shall
be based upon the same criteria specified herein for consideration by the parks and recreation
committee and the council’s decision shall be final. (Ordinance 2002-45, sec. 12, adopted
12/16/02; Ordinance 2003-06, sec. 12, adopted 4/7/03; 2006 Code, ch. 9, sec. 2.11)
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ARTICLE 1.09 SPECIAL EVENTS
Sec. 1.09.001
Definitions
When used in this article, the following words and phrases shall be defined as follows:
Applicant. A person requesting a special event permit seeking to hold the special event and to
whom the special event permit is issued.
Block party. The use of a street, other than a major thoroughfare, for a residential neighborhood
function or event which may involve the temporary barricading of one or more streets.
Carnival. An event that includes amusement activities, rides, merry-go-rounds, booths for the
conduct of games of skill, food dispensary facilities, and sideshows, and/or a combination
thereof.
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.
Concession. A facility at a special event where food, drink or other merchandise is offered to the
public.
Nonprofit organization. An organization or entity that is exempt from the payment of tax
pursuant to section 501(c)(3) of the Internal Revenue Code.
Off-site parking. Parking immediately adjacent to the site of the event or at a location outside of
the boundaries of the area approved by the town for the location of the special event.
On-site parking. Parking within the boundaries of the area approved by the town for the location
of the special event.
Parade. The assembly of persons whose gathering is the common design and purpose of traveling
or marching in procession from one location to another location on a public thoroughfare or rightof-way for the purpose of advertising, fundraising, promoting, celebrating, or commemorating a
thing, person, date, or event or point of view on political, religious or social issues.
Permit holder. The person to whom a special event permit is issued.
Person. An individual(s), corporation, a governmental entity, a nonprofit organization, a sole
proprietorship, a partnership, a wholesaler, a retailer, an association, or any other legal entity.
Reimbursable costs. All costs and expenses incurred by the town for activities associated with
staging and conducting of an event, as specifically set forth in this article.
Sidewalk. That portion of a street intended for the primary use of pedestrians that is located
between the curb lines, or lateral lines of a roadway, and the adjacent property lines.
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Special event or event. A planned temporary aggregation of people or attractions for a common
purpose, including, but not limited to, street fairs, arts and crafts shows, rallies, public
entertainments, fun runs, walks, relays, marathons, parades, or other similar events or attractions,
that:
(1)
Are conducted primarily outdoors; and
(2)
Interfere with the normal flow or regulation of pedestrian or vehicular traffic; or
(3)
Require special government services, including, but not limited to, street closure,
provision of barricades, refuse services, stages, special parking arrangements, special
electrical services or special police services or protection.
Special events coordinator. The person designated by the town manager who shall serve as the
point of contact for applicants and permit holders and who shall serve as chair of the special event
review committee.
Special event permit or permit. Written authorization from the town authorizing a permit holder
to conduct a special event.
Special event review committee. A committee consisting of town staff from the police
department, fire department, community development, code enforcement, parks and recreation,
streets, and such additional departments as determined necessary by the town manager.
Street. The entire width of the publicly or privately owned right-of-way, when any part thereof is
open to the use of the public for purposes of vehicular traffic.
Town manager. The town manager of the Town of Trophy Club or his designee.
(Ordinance 2011-14, sec. 2.01 (15.01), adopted 4/4/11; Ordinance 2012-09, sec. 2.01, adopted
5/7/12)
Sec. 1.09.002
Special events coordinator
(a) The special events coordinator shall be the authority responsible for administration and
enforcement of this article. The special events coordinator shall:
(1)
Review the special event application submitted, and impose requirements as
necessary for public health, safety, and welfare based upon the scope and nature of
the proposed event as outlined by the responses provided by the applicant on the
application. Requirements of the special events coordinator shall be conditions
precedent to the issuance of a permit;
(2)
Convene meetings of the special event review committee and serve as chair of the
committee;
(3)
Have the authority to issue, deny, revoke, and/or suspend a permit;
(4)
Have the authority to require a permit holder to add additional resources or take
additional actions during or after an event when determined necessary for public
safety and welfare; and
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(5)
Take actions necessary for the enforcement of this article, including, without
limitation, causing the issuance of citations for violations of this article.
(b) As expressly authorized in this article, decisions of the special events coordinator are
subject to appeal pursuant to section 1.09.008 of this article.
5/7/12)
Sec. 1.09.003
Permit required; exemptions
(a) Permit required. Unless expressly exempted from the requirements of this article, a person
shall obtain a special event permit prior to commencing, holding or conducting a special event
within the town. A person commits an offense if he commences, holds, or conducts a special
event or causes or allows the commencement, holding or conducting of a special event without a
valid special event permit in place for the special event.
(b) Events exempt from permit. The following special events shall be exempt from the permit
requirement of this article:
(1)
A town or MUD 1 sponsored event;
(2)
Events sponsored by the armed forces of the United States of America, the military
forces of the state, and the forces of the police and fire departments acting within the
scope of their duties;
(3)
A block party; provided, however, that the town police department shall be notified
two (2) weeks in advance of the block party;
(4)
A funeral procession; and
(5)
Where it is determined by the town manager that the organization conducting the
event can demonstrate all of the following, the organization shall be exempt from the
permit requirement of this article:
(A)
That the event shall be conducted solely on private property;
(B)
That the event has adequate traffic control so as not to impede use of the public
streets;
(C)
That the event has provided for adequate emergency vehicle access; and
(D)
That the event has provided a minimum plan for crowd control during the
event.
(c) Events requiring special approval. The following events shall require approval of the
planning and zoning commission and town council as a condition precedent to the filing of an
application for a special event permit:
(1)
Carnivals.
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(2)
Circuses.
(3)
Community garage sales.
5/7/12)
Sec. 1.09.004
Application for permit
(a) Generally; required information. An applicant seeking to conduct a special event within the
town shall submit an application meeting the requirements of this article. Town staff shall
determine the type and quantity of services and amenities that shall be provided by the applicant
for the safety and welfare of the event participants and general public. The applicant shall pay all
applicable fees and costs as required under this article and/or the schedule of fees. Special event
applications shall be submitted to the town’s special event coordinator, and, at minimum,
applications shall provide the following information:
(1)
Name, address, and contact information for the applicant. If the special event is to be
conducted for, on behalf of, or by any person or organization other than the applicant,
then the name, address and contact information for that person or organization and
written authorization from that person or organization shall be provided;
(2)
Date(s) and hours for which the permit is requested;
(3)
Type of proposed use or activity;
(4)
Type, location, and size of proposed signage;
(5)
Number of participants and anticipated number of attendees;
(6)
Proposed location of the special event, including any and all public areas for which
use is requested;
(7)
Number, type and proposed locations of concession booths or structures that will be
used for the sale of goods or services;
(8)
Number and location of parking spaces or, where parking spaces are not available,
the area designated to accommodate parking for the event, including an on-site
parking plan showing available parking that meets the requirements of this article
and, where required by this article, an off-site parking plan;
(9)
Site map showing the location and size of tents, staging, and all other temporary
structures, location of fire lanes, and ingress and egress points;
(10) Location and number of sanitary facilities;
(11) Number and location of loudspeakers and/or other sound amplification devices that
will be used for the event and planned hours of usage. Use of the foregoing
equipment shall comply with applicable town regulations, including but not limited
to noise ordinance regulations (article 8.02);
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(12) Plan for collection and disposal of solid waste;
(13) List of all other governmental and regulatory approvals needed for the special event;
and
(14) All other information as required on the town’s special event application.
(b) Proof of compliance with other governmental regulations. As a condition precedent to the
issuance of a special event permit, an applicant shall submit written documentation that all
permits and approvals required by other governmental agencies have been obtained.
(c) Deadline for submission. Applications for a special event permit shall be filed not less than
ninety (90) days before the commencement date of the proposed special event. Applications
received less than ninety (90) days prior to the proposed commencement date of the special
events may be considered where the special events coordinator determines that the town has
sufficient advance notification to obtain and to provide the resources and services necessary to
support the event. Decisions of the special events coordinator under this section may be appealed
to the town manager in accordance with section 1.09.008 of this article.
5/7/12)
Sec. 1.09.005
Permit fee; reimbursable costs
(a) Permit fee. A permit fee in the amount established by the fee schedule in appendix A to this
code shall be paid in order to cover the costs of permit review and the administration of the
permit.
(b) Reimbursable costs. In addition to the permit fee required in subsection (a), all
reimbursable costs, including without limitation the following, shall be paid as specifically set
forth in this section:
(1)
Barricades and cones.
(2)
Special event parking.
(3)
Food services inspection.
(4)
Repair, maintenance and removal of facilities in the event of a failure of the
applicant/promoter.
(5)
Repair of streets, alleys, sidewalks, parks and other public property.
(6)
Police protection.
(7)
Fire protection.
(8)
Emergency medical service.
(9)
Garbage disposal and cleanup.
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(10) Traffic control.
(11) Other direct and indirect costs associated with the special event.
(c) Payment of reimbursable costs. In addition to applicable permit fees, the permit holder shall
be required to pay all reimbursable costs associated with the special event. The special event
coordinator shall provide an estimate of such reimbursable costs at least ten (10) days prior to the
event. As security for payment of the identified reimbursable costs, the permit holder shall post a
cash deposit in the full amount of the reimbursable cost estimate. Within seven (7) days following
the event, the special event coordinator shall provide the permit holder with written notice of the
total amount of the reimbursable costs actually incurred as a result of the event. If the amount of
the actual reimbursable costs is less than the amount of the written estimate, then the town shall
issue a refund within seven (7) days after the event. If the actual reimbursable costs are greater
than the written estimate of reimbursable costs, the permit holder shall pay the balance in full on
or before the date specified in the written notice from the town. If a permit holder fails to pay the
full amount of all reimbursable costs, future permits may be denied by town or the town may
require two times the amount of the estimated reimbursable costs on any and all future permit
applications. Decisions of the special events coordinator under this section may be appealed to
the town manager in accordance with section 1.09.008 of this article.
5/7/12; Ordinance adopting Code)
Sec. 1.09.006
Indemnification, insurance and bonding
(a) Indemnification. When a special event is partially or fully contained on property owned,
leased, or controlled by the town, applicants shall sign an agreement to indemnify and hold
harmless the town, its officers, employees, agents, and representatives against all claims of
liability and causes of action resulting from injury or damage to persons or property arising out of
the special event. Further, such applicant shall provide insurance and bonding as specifically set
forth in this section.
(b) Insurance and bonding required. When a special event is partially or fully contained on the
town rights-of-way or on property owned, leased, or controlled by the town, the applicant for a
special event permit shall furnish the town with a certificate of insurance stating that the town has
been added as an additional insured as well as the endorsement page and a surety bond complying
with standards established by the town. The amount of the surety bond and the amount of
insurance required may be increased or reduced based upon the type of special event, equipment,
machinery, location, number of people or animals involved and other pertinent factors or risks
associated with the special event. An application shall be denied if a valid certificate of insurance
and/or a valid surety bond meeting town specifications and approved by the town is not provided.
(c) Return of bond; payment of additional costs. The surety bond shall be returned to the
permit holder within ten (10) days after his special event permit expires, upon certification by the
town manager that all conditions of this article have been met and the town has been compensated
for all costs associated with or incurred as a result of the event. Should actual costs be less than
the amount of the surety bond posted by the permit holder, the remainder shall be refunded to the
permit holder by the town. In the event that actual costs exceed this amount, the permit holder
shall pay such additional sum to the town within ten (10) days from the date of written notice by
the town. If all amounts due are not timely paid, no future permits shall be issued to the same
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permit holder for a period not to exceed two (2) years. Nothing herein shall preclude the town
from enforcing any legal or equitable remedy against the permit holder in addition to the bond.
(d) Appeals. Decisions of the special events coordinator under this section may be appealed to
the town manager in accordance with section 1.09.008 of this article.
5/7/12)
Sec. 1.09.007
(a)
Denial or revocation of permit
Grounds for denial. The special events coordinator may deny a special event permit if:
(1)
The special event will conflict in time and/or location with a town function or another
special event, parade or assembly for which a permit has already been granted or for
which a permit application has already been filed and is under review;
(2)
The applicant fails to comply with or the special event will violate an ordinance of
the town or any other applicable law;
(3)
The applicant makes, causes, allows or permits the making of a false or misleading
statement or omission of material fact on an application for a special event permit;
(4)
The applicant has been convicted of violating this article, has had a special event
permit revoked within the twelve (12) month period preceding the date of the
proposed special event, or has failed to pay any reimbursable costs or other costs or
fees assessed by the town for a previous special event within the two (2) year period
preceding the date of the proposed special event;
(5)
The applicant fails to provide proof of a license or permit required by this article, by
another town ordinance or by state law;
(6)
The special event, as determined by the special event committee, would unduly
hinder or compromise the delivery or performance of normal services, including
previously scheduled construction or maintenance services, or of emergency services,
or constitutes a public threat, hazard, or nuisance;
(7)
The applicant is unable or unwilling to provide any insurance or bond required under
this article;
(8)
The applicant is unable or unwilling to pay any additional costs as may be required
by the town manager;
(9)
The applicant fails to submit a complete application or fails to provide any additional
information requested by the special events coordinator; or
(10) The special events coordinator determines that the proposed date or time for the
special event or the location of the special event or parking for such special event
would unduly interfere with or disrupt the educational activities of a school when
such school is in session.
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(b) Notice of denial. If the special events coordinator denies a permit, the special events
coordinator shall notify the applicant in writing of the denial or appealable determination within
five (5) days of such determination, and such notice shall state the reason(s) for the denial of the
application.
(c) Grounds for revocation. A special event permit shall be revoked by the special events
coordinator upon the occurrence of one or more of the following conditions:
(1)
In the event that the police chief, fire chief, MUD 1 manager, other town officials or
their designated representatives find that any of the provisions of this article, of any
town ordinance, or of state law is being violated, such person shall immediately
notify the special events coordinator. The special event permit issued hereunder shall
be revoked if the permit holder fails to take immediate corrective action upon
notification by the special events coordinator;
(2)
Notwithstanding the foregoing, when, in the judgment of the above-named officials,
a violation exists which requires immediate abatement, the special events coordinator
shall have the authority to immediately revoke a special event permit; or
(3)
The permit holder provided false or misleading information on a permit application,
and a permit was issued based upon that false or misleading information.
(d) Notice of revocation prior to commencement of event. When revocation occurs prior to the
commencement of an event, notice of permit revocation pursuant to subsection (c) of this section
shall be made in writing immediately upon determination that revocation is proper. Appeals shall
be allowed in accordance with section 1.09.008.
(e) Notice of revocation during event. When revocation of a permit occurs at any time after the
commencement of, or during, an event, notice of permit revocation pursuant to subsection (c) of
this section shall be made verbally to the permit holder and, within five (5) days after the date of
revocation, written notice shall be provided to the permit holder. Appeals shall be allowed in
accordance with section 1.09.008 of this article.
5/7/12)
Sec. 1.09.008
Appeals
(a) Appeal process. As expressly allowed in this article, the applicant or permit holder may
appeal. All appeals shall be conducted in accordance with the following procedures:
(1)
If the special events coordinator denies an application or makes a determination
under this article for which appeal is authorized, the town shall notify the applicant,
or permit holder, where applicable, in writing of the denial or appealable
determination within five (5) days of such determination. Such town notice shall state
the reason(s) for the denial of the application or the appealable determination. Any
person aggrieved shall have the right to appeal to the town manager.
(2)
If the special events coordinator revokes a permit, the town shall notify the permit
holder as set forth in subsection (1) above, and if the permit holder elects to appeal
that determination he shall file written notice of appeal to the town manager.
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(3)
An appeal to the town manager shall be filed in writing and shall be filed with the
town secretary within five (5) calendar days after receipt of the town’s notice of
denial, revocation, or other appealable decision. The town manager shall have five
(5) business days after receipt of the written notice of appeal to make a written
determination to uphold, modify, or overturn the decision of the special events
coordinator. Decisions of the town manager shall be final.
(b) Appeal to town council. Where an appeal to the town council is expressly authorized by
this article, such appeal shall be made in writing within five (5) days of written notice to the
applicant of such appealable determination. The town council shall hear the appeal at its next
regularly scheduled council meeting following the date of receipt of the written appeal and for
which state law posting and notice requirements can be met by the town. The decision of the town
council shall be final.
(Ordinance 2011-14, sec. 2.01 (15.11), adopted 4/4/11)
Sec. 1.09.009
Number of events; hours of operation; duration
A special event may be conducted only between the hours of 7:00 a.m. and 10:00 p.m. daily for a
maximum of three (3) consecutive days. Only six (6) special event permits per year may be
issued to a person or for a specific location within the town. Appeals of time limit restrictions
shall be made directly to the town council pursuant to section 1.09.008 of this article. In
determining if the issuance of a permit will exceed the maximum number of permits allowed per
person or per location, the town may include in that count permits issued for events that have
been held or sponsored by a person associated with or affiliated with or related to a previous
permit applicant. (Ordinance 2011-14, sec. 2.01 (15.07), adopted 4/4/11)
Sec. 1.09.010
Parking requirements; fire lanes
(a) On-site parking. An applicant shall submit evidence that sufficient on-site parking will be
available to accommodate the projected number of users plus ten percent (10%). If parking is to
be on private property adjacent to the special event, written evidence that the applicant has a right
of possession of the property through ownership, lease, license, or other property interest shall be
provided. When the location is not an established parking area, a plan shall be submitted which
shall show how required parking will be achieved and arranged. The number of parking spaces
and layout of the parking area, including aisle widths, size of parking spaces and number of
parking attendants provided, shall be included in the submittal.
(b) Off-site parking. When adequate on-site parking is not available, a proposed plan for offsite parking shall be provided by the applicant for approval by the town. Such plan shall show
how off-site parking and transfer of attendees is proposed to be accomplished.
(c) Fire lanes. Fire lanes for emergency equipment shall be provided (if not already existing at
the site of the event), and, under the direction of the fire chief, the site shall be prepared in a
manner so as not to create a fire hazard.
(d) Authority of town to restrict off-site parking. Notwithstanding the existence of a special
event permit, the town shall have the authority when reasonably necessary for the health, safety,
and welfare of the public to prohibit or restrict off-site parking. It shall be unlawful for any person
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to park or leave unattended any vehicle in a location where a sign is placed restricting or
prohibiting the parking of a vehicle.
(Ordinance 2011-14, sec. 2.01 (15.08), adopted 4/4/11)
Sec. 1.09.011
Miscellaneous requirements
(a) Notice to affected property owners. The town manager shall have authority to require that
an applicant or permit holder send notice of a special event to property owners identified by the
town manager when, in his judgment, the special event is of a scope and nature that will impact
those owners.
(b) Amusement rides. Rides and/or attractions associated with special events shall conform to
the statutory rules and regulations set forth in chapter 2151 of the Texas Occupations Code,
designated the “Amusement Ride Safety Inspection and Insurance Act,” as amended. The fire
marshal or other person designated by the town manager shall be authorized to inspect
amusement rides and/or attractions and shall have the authority to deny the use of the equipment
if, in his sole discretion, he determines that the equipment presents a potential or actual hazard to
participants or to the health, safety and welfare of the general public.
(c) Tents and temporary structures. Any special event which includes the use of a stage,
seating, tent, canopy, or other temporary structure shall meet the requirements of the town’s fire
code and building code except that a separate permit is not required when a special event permit
has been obtained.
(d) Food and beverage service. Where food or beverage is provided or sold, such operation
shall be in compliance with all provisions of the food and food establishment ordinances of the
town, as well as all other applicable state and local laws.
(e) Animal waste; distance for keeping animals. Waste from animals used in a special event
shall be removed daily from the grounds. Should animals be kept within the town limits past
10:00 p.m., they shall be kept not less than five hundred (500) feet from the property line of all
developed residential property and not less than three hundred (300) feet from the property line of
developed commercial property.
(f) Water service. Any special event or related activity desiring use of water from the
Municipal Utility District 1 (MUD 1) water system must coordinate with MUD 1 to obtain a
temporary meter.
(g) Solid waste collection and disposal. The applicant shall make appropriate arrangements for
the collection of all waste resulting from such special event, and commercial solid waste
dumpsters must be provided on-site at all outdoor special events. The applicant shall make
arrangements for the provision of such dumpsters with the town’s franchised solid waste
provider.
(h) Loudspeakers. When the use of loudspeakers or other sound amplification device is
approved in conjunction with the special event, the decibel sound level from the loudspeaker shall
not exceed 80 decibels at the property line of the event site for stationary events and may only be
used between the hours of 9:00 a.m. and 9:00 p.m., unless otherwise approved by the town
council. The town’s noise ordinance shall control all other noises generated by or attributable to
the event.
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(i) Signage. Signage used in accordance with the special event shall comply with the sign
regulations of the town under the provisions of the sign ordinance codified in section 3.09.065
(special purpose signs). Signs advertising the special event or directing potential customers to the
special event site are expressly prohibited in the medians of a public or private roadway.
(j) Sanitary facilities. Unless indoor facilities are provided by the applicant, the town may
require a permit holder to provide portable-type sanitary facilities for the event in the number and
at the location(s) determined necessary and appropriate by town given the nature and scope of the
event and the estimated number of participants and attendees.
5/7/12)
ARTICLE 1.10 ENVIRONMENTAL PROTECTION
Secs. 1.10.001–1.10.030
Reserved
Division 2. Water Conservation and Drought Response
Part I. In General
Secs. 1.10.031–1.10.060
Reserved
Part II. Lawn and Landscape Irrigation Conservation
Sec. 1.10.061
Penalty
It shall be unlawful for any person to violate any provision of this part, and any person violating
or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not
more than two thousand dollars ($2,000.00), and a separate offense shall be deemed committed
each day during or on which a violation occurs or continues. (Ordinance 2006-17, sec. V, adopted
6/19/06; 2006 Code, ch. 11, sec. 8.06)
Sec. 1.10.062
Restrictions
(a) Except for hand watering and the use of soaker hoses, a person shall not irrigate, water, or
cause or permit the irrigation or watering of any lawn or landscape located on premises owned,
leased, controlled, or managed by that person between the hours of 10:00 a.m. and 6:00 p.m.
(b) A person commits an offense if he knowingly or recklessly irrigates, waters, or causes or
permits the irrigation or watering of a lawn or landscape located on premises owned, leased,
controlled, or managed by the person in a manner that causes:
(1)
A substantial amount of water to fall upon impervious areas instead of a lawn or
landscape, such that a constant stream of water overflows from the lawn or landscape
onto a street or other drainage area; or
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(2)
An irrigation system or other lawn or landscape watering device to operate during
any form of precipitation.
(c) A person commits an offense if, on premises owned, leased, controlled, or managed by that
person, he operates a lawn or landscape irrigation system or device that:
(1)
Has any broken or missing sprinkler head; or
(2)
Has not been properly maintained in a manner that prevents the waste of water.
(Ordinance 2006-17, sec. II, adopted 6/19/06; Ordinance 2008-05, sec. II, adopted 2/4/08; 2006
Code, ch. 11, sec. 8.01)
Sec. 1.10.063
Rain-sensing devices and freeze gauges
(a) Any commercial or industrial customer class irrigation system installed within the town on
or after June 1, 2006 must be equipped with rain and freeze sensors.
(b) Any commercial or industrial customer class irrigation system installed within the town
before June 1, 2006 may not be operated after June 1, 2007 without being equipped with rain and
freeze sensors.
(c) The potable water supply to lawn irrigation system shall be protected against backflow in
accordance with the town’s ordinances. All rain and freeze sensors for commercial customer class
lawn irrigation systems shall undergo annual inspection and testing as required by the town’s
ordinances.
(d) Any residential customer class irrigation system installed within the town on or after June
1, 2007 must be equipped with rain and freeze sensors.
(e) It shall be unlawful for any person to knowingly or recklessly install, operate, or cause or
permit the installation of or the operation of an irrigation system in violation of this part or any
other ordinance of the town on premises owned, leased, controlled, or managed by that person.
Sec. 1.10.064
Variances
(a) Authorized; conditions. The director of community development may grant variances from
the provisions of this part to persons demonstrating extreme hardship and need as determined by
the director and only under the following conditions:
(1)
The applicant must sign a compliance agreement on forms provided by the director,
agreeing to irrigate or water a lawn or landscape only in the amount and manner
permitted by the variance.
(2)
Granting of a variance must not cause an immediate significant reduction in the
town’s water supply.
(3)
The extreme hardship or need requiring the variance must relate to the health, safety,
or welfare of the person requesting it.
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(4)
(b)
The health, safety or welfare of other persons must not be adversely affected by
granting the variance.
Revocation. The director may revoke a variance granted when the director determines that:
(1)
The conditions of subsection (a) of this section are not being met or are no longer
applicable;
(2)
The terms of the compliance agreement are being violated; or
(3)
The health, safety or welfare of other persons requires revocation.
Sec. 1.10.065
Appeals
An appeal of a decision of the director of community development denying a variance request or
placing conditions on a variance under this part may be made by a person aggrieved by such
determination by such person filing a written notice with the town within five (5) business days of
the issuance of the written decision of the director. Such notice shall specifically identify the basis
for the appeal from the denial of a variance or from the conditions placed upon a variance and the
reasons that the appellant believes relief is necessary, including but not limited to providing the
specific extreme hardship that the appellant claims. Upon timely filing of such written appeal, the
zoning board of adjustment, acting in its capacity as building board of appeals, shall hear such
appeal within fifteen (15) business days and shall make a determination regarding the denial of
such variance request or the conditions placed upon a variance. Failure to timely appeal shall
mean that the decision of the director is final. The decision of the zoning board of adjustment
shall be final. (Ordinance 2006-17, sec. II, adopted 6/19/06; 2006 Code, ch. 11, sec. 8.04)
Sec. 1.10.066
Exemptions
Property owners who claim an exception to the requirements of this part shall file a written
notification to the permitting department. Such notice shall specify the date and location of
installation and shall be submitted to the permitting department within three (3) days of
installation. To qualify for such exception, one or more of the following criteria is required:
(1)
Landscaping, including but not limited to turf area and plant materials, installed in
association with construction for which a permit has been issued is exempt from the
water restrictions for a period of 45 days after installation; or
(2)
Landscaping, including but not limited to turf area or plant materials, installed on
public property is exempt from the water restrictions for a period of 45 days after
installation of such materials.
Secs. 1.10.067–1.10.090
Reserved
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Part III. Drought Contingency Plan*
Sec. 1.10.091
Policy, purpose and intent; applicability
(a) Declaration of policy, purpose, and intent. Water uses regulated or prohibited under this
part are considered to be non-essential and continuation of such uses during times of water
shortage or other emergency water supply conditions are deemed to constitute a waste of water
which subjects the offender(s) to civil penalties imposed by the Trophy Club Municipal Utility
District No. 1 (Town of Trophy Club), and criminal penalties as set forth in this part. The purpose
of the restrictions imposed by this part is to implement a drought contingency plan to provide for
the management of water resources during times of drought and inadequate supply and to:
(1)
Conserve the available water supply in times of drought and emergency.
(2)
Maintain supplies for domestic water use, sanitation, and fire protection.
(3)
Protect and preserve public health, welfare, and safety.
(4)
Minimize the adverse impacts of water supply shortages.
(5)
Minimize the adverse impacts of emergency water supply conditions.
(b) Applicability. Upon notification to the town by either the City of Fort Worth or the Trophy
Club Municipal Utility District No. 1 that one or more triggers for that implementation of this
drought contingency plan have been met, the provisions of this part shall become effective. Upon
taking effect, the provisions of this part shall apply to all persons utilizing potable water within
the corporate boundaries and extraterritorial jurisdiction of the town and provided by or through
Trophy Club Municipal Utility District No. 1 or any other source. The provisions of this part shall
apply when stage 1, stage 2, or stage 3 drought conditions have been declared to exist as provided
in this part and the regulations contained herein shall supersede other less restrictive town
ordinances and regulations related to water conservation during such times of drought or water
shortage. The provisions of this part shall not apply to locations serviced by treated wastewater
effluent or private wells.
(2006 Code, ch. 11, secs. 9.01, 9.02; Ordinance 2009-18, sec. II, adopted 1/20/09; Ordinance
2013-13, sec. 2.01, adopted 5/20/13)
Sec. 1.10.092
requirements
Policy statement; year-round water management and conservation
(a) Policy statement. The town recognizes the need to promote water conservation as part of an
overall strategy for future planning efforts. Water conservation practices can extend the life of
existing infrastructure, extend the timing for new infrastructure, and reduce the need for added
water supply. Extending the time for infrastructure upgrades allows for more stable rates which
lessen the economic impact to customers. Based upon the known benefits of water conservation,
the town has determined it appropriate to implement a year-round water management plan as
provided in this section allowing for three (3) day per week outdoor irrigation for all customers.
*
State law reference–Drought contingency plans, V.T.C.A., Water Code, sec. 11.1272.
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(b) Year-round water management plan and conservation requirements. Until notification of
the declaration of stage 1, stage 2, or stage 3 drought conditions exist as required by this part,
customers shall perform outdoor watering only in accordance with the following schedule and
pursuant to the following regulations:
(1)
Odd addresses: Tuesday/Thursday/Saturday.
(2)
Even addresses: Wednesday/Friday/Sunday.
(3)
Irrigation of all types, including without limitation irrigation by in-ground sprinkler
systems or by portable sprinkling devices, is prohibited on Mondays.
(4)
Watering with a sprinkler or irrigation system is prohibited between the hours of
10:00 a.m. and 6:00 p.m. every day.
(5)
Watering with a soaker hose or drip irrigation is allowed at any time or on any day
except Mondays.
(6)
Watering with a handheld hose or handheld bucket may be done at any time on any
day.
(7)
For the first thirty (30) days after hydro mulch, grass sod, or grass seed is installed
for the purpose of establishing a new lawn, there shall be no restrictions on watering.
Upon demand by town, documentation of the date of installation shall be provided by
customer. On the thirty-first day after installation, all watering restrictions provided
in this section shall apply. This exception does not apply to over-seeding with rye
where turf already exists.
Violations of the year-round water management requirements set forth in this section are
enforceable under section 1.10.094 of this part.
Sec. 1.10.093
Definitions
Aesthetic or scenic purposes. Water use for ornamental or decorative purposes such as fountains,
reflecting pools, and water gardens.
Commercial customer. A customer who uses water for the operations of commercial and
nonprofit establishments and governmental entities such as retail establishments, hotels and
motels, restaurants, and office buildings.
Customer. Any person purchasing water from Trophy Club Municipal Utility District No. 1 to
service an address within the corporate boundaries and extraterritorial jurisdiction of the town.
This term includes both residential and commercial customers.
District. Trophy Club Municipal Utility District No. 1 (TCMUD 1) that provides water, sewer
and fire protection services to customers within their boundaries or to customers outside their
boundaries by contract with the town.
District manager. The full-time, paid chief administrator for the district.
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Domestic water use. Water use for personal needs or for household or sanitary purposes such as
drinking, bathing, heating, cooking, and sanitation, or for cleaning a residence, business, industry,
or institution.
Drought. Generally a lack of adequate water to supply needs or replenish supplies used.
Drought contingency plan. The provisions contained within this part relative to control of water
usage.
Drought response stage. Stage 1, Stage 2, or Stage 3 of the drought contingency plan.
Even-numbered address. Street addresses, box numbers, or rural postal route numbers ending in
0, 2, 4, 6 or 8, and locations without addresses.
Landscape irrigation use. Water used for the irrigation and maintenance of landscaped areas,
whether publicly or privately owned, including residential and commercial lawns, gardens, golf
courses, parks and rights-of-way and medians.
Nonessential water use. Water uses that are neither essential nor required for the protection of
public, health, safety, and welfare, including:
(1)
Landscape irrigation use, including parks, athletic fields, and golf courses, except as
otherwise provided under this plan;
(2)
Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other
vehicle;
(3)
Use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis
courts, or other hard-surfaced areas;
(4)
Use of water to wash down buildings or structures for purposes other than immediate
fire protection;
(5)
Flushing gutters or permitting water to run or accumulate in any gutter or street;
(6)
Use of water to fill, refill, or add to any indoor or outdoor swimming pools or
Jacuzzi-type pools;
(7)
Use of water in a fountain or pond for aesthetic or scenic purposes except where
necessary to support aquatic life;
(8)
Failure to repair a controllable leak(s) within a reasonable period after having been
given notice directing the repair of such leak(s); and
(9)
Use of water from hydrants for construction purposes or any other purposes other
than firefighting.
Odd-numbered address. Street addresses, box numbers, or rural postal route numbers ending in 1,
3, 5, 7 or 9.
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Person. Any person, entity, firm, partnership, association, corporation, company, or organization
of any kind using water supplied by TCMUD 1 and/or the City of Fort Worth within the
boundaries and extraterritorial jurisdiction of the town. This term includes both residential and
commercial customers.
Town council. The town council of the Town of Trophy Club, Texas.
Trophy Club Municipal Utility District No. 1 or district. Trophy Club Municipal Utility District
No. 1 (TCMUD 1) is the governmental entity in the town that provides water, sewer and fire
protection services to customers within the boundaries of the town and TCMUD 1 and to
customers outside the boundary of TCMUD 1 yet within the boundary of the town by contract
with the town.
Water. Water taken from any public water supply or distribution system within the boundaries of
the district, potable or nonpotable, and means either raw or potable water.
(2006 Code, ch. 11, sec. 9.03; Ordinance 2009-18, sec. II, adopted 1/20/09)
Sec. 1.10.094
Enforcement; penalty
No person shall intentionally, knowingly, or recklessly violate any provision of this part. A
violation of this part shall be a class C misdemeanor punishable upon conviction by a fine of not
less than $1.00 and not more than $2,000.00 for each violation, and a separate offense shall be
deemed committed upon each day during or on which a violation occurs or continues. Criminal
enforcement of the regulations contained herein shall be cumulative of any and all civil remedies
available at law or in equity. (2006 Code, ch. 11, sec. 9.09; Ordinance 2009-18, sec. II, adopted
1/20/09)
Sec. 1.10.095
Notification of drought conditions
Notification that Stage 1, 2, or 3 drought conditions exist shall be provided to the public by means
of any one (1) or more of the following actions and shall specifically identify the drought
response stage in effect:
(1)
Publication in a newspaper of general circulation;
(2)
Public service announcements (cable channel and/or website, marquees, list-serve);
or
(3)
Signs posted in public places.
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Sec. 1.10.096
Restrictions during Stage 1
(a) Prohibited conduct. Upon declaration that Stage 1 drought conditions are in effect,
mandatory restrictions to prohibit nonessential water use shall become effective. It shall be
unlawful for a person to engage in any one or more of the acts listed below. No person shall:
(1)
Cause or allow the hosing of paved areas, such as sidewalks, driveways, parking lots,
tennis courts, patios, or other impervious surfaces, except to alleviate an immediate
health or safety hazard;
(2)
Cause or allow the hosing of buildings or other structures for purposes other than fire
protection or surface preparation prior to painting;
(3)
Use water in such a manner as to allow runoff or other waste, including:
(A)
Failure to repair a controllable leak, including a broken sprinkler head, a
leaking valve, leaking or broken pipes, or a leaking faucet, within twenty-four
(24) hours after the leak occurred;
(B)
Operating a permanently installed irrigation system with:
(i)
A broken head;
(ii)
A head that is out of adjustment and the arc of the spray head is over a
street or parking lot; or
(iii) A head that is misting because of high water pressure;
(C)
During irrigation, allowing water to:
(i)
Run off a property and form a stream of water in a street for a distance of
fifty feet (50') or greater; or
(ii)
Pond in a street or parking lot to a depth greater than one-quarter of an
inch;
(4)
Cause or allow outdoor watering with sprinklers or irrigation systems between the
hours of 10 a.m. and 6 p.m. daily; or
(5)
Cause or allow landscape watering with sprinklers or irrigation systems at any
service address more than two (2) times per week and/or on a day other than that
specified for such service address in the schedule provided below:
(A)
Residential addresses ending in an even number (0, 2, 4, 6, or 8) may water on
Wednesdays and Saturdays.
(B)
Residential addresses ending in an odd number (1, 3, 5, 7 or 9) may water on
Thursdays and Sundays.
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(C)
All nonresidential locations (apartment complexes, businesses, industries,
parks, medians, etc.) may water on Tuesdays and Fridays.
This prohibition applies to landscape watering of parks, golf courses, and sports
fields. Notwithstanding the foregoing, commercial customers are excepted as
specifically set forth below.
(b) Exceptions. The following activities shall be allowed as exceptions to subsection (a) of this
section as expressly provided below:
(1)
Foundations may be watered up to two hours on any day using a hand-held hose,
soaker hose or drip irrigation system placed within 24 inches of the foundation that
does not produce a spray of water above the ground.
(2)
Newly installed shrubs (first year) and trees (two years) may be watered up to two
hours on any day by hand-held hose, drip irrigation, a soaker hose or a tree bubbler.
Tree watering is limited to an area not to exceed the drip line of a tree. Upon demand,
documentation of installation date shall be provided.
(3)
Outdoor watering at service addresses with large multi-station irrigation systems may
take place in accordance with the terms of a written variance granted by the district
manager in accordance with the process established by Trophy Club Municipal
Utility District No. 1.
(4)
Establishing new turf is discouraged. If hydro-mulch, grass sod, or grass seed is
installed for the purpose of establishing a new lawn, there are no watering restrictions
for the first 30 days while it is being established. After that, the watering restrictions
set forth in this stage apply. (This does not include overseeding with rye since turf
already exists.)
(5)
Golf courses may water greens and tee boxes without restrictions; however, watering
shall only be allowed before 10 a.m. and after 6 p.m. daily. Fairways are restricted to
twice-per-week watering as outlined above (before 10 a.m. and after 6 p.m. daily).
Golf course roughs are restricted to once-per-week watering.
(6)
Skinned areas of sports fields may be watered as needed for dust control.
(7)
Professional sports fields (playing fields within a stadium only - not surrounding
landscaping) may be watered as needed to maintain league standards.
(8)
Washing of any motor vehicle, motorbike, boat, trailer, airplane, or other vehicle
shall be limited to the use of a hand-held bucket or a hand-held hose equipped with a
positive-pressure shutoff nozzle for quick rinses. Vehicle washing may be done at
any time on the premises of a commercial carwash or commercial service station.
Companies with an automated on-site vehicle washing facility may wash their
vehicles at any time. Further, such washing may be exempt from these requirements
if the health, safety, and welfare of the public are contingent upon frequent vehicle
cleansing, such as garbage trucks and vehicles used to transport food and perishables.
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(9)
A commercial customer may use a different watering schedule than the one set forth
above in this section as long as such customer limits each service address to a twiceper-week schedule and use of such watering schedule is approved in writing by the
district manager.
Sec. 1.10.097
(1)
Cause or allow any actions in violation of the Stage 1 restrictions specified in section
1.10.096.
(2)
Cause or allow landscape watering with sprinklers or irrigation systems more than
one (1) time per week on the date specified by the district manager for Trophy Club
Municipal Utility District No. 1 and adopted by the town via ordinance duly enacted
by the town council as required by law. This prohibition includes landscape watering
at parks, golf courses, and sports fields. Notwithstanding the foregoing, commercial
customers are excepted as set forth below.
(3)
Cause or allow watering for dust control on skinned areas of sport fields.
(4)
Cause or allow use of water for dust control, except to protect public health.
(5)
Cause or allow the operation of ornamental fountains or ponds that use potable water,
except where necessary to support aquatic life or where such fountains or ponds are
equipped with a recirculation system.
(6)
Cause or allow the filling of swimming pools with automatic valves.
(7)
Cause or allow the use of water from fire hydrants for any purpose other than
firefighting related activities or other activities necessary to maintain public health,
safety and welfare, except as specifically provided below.
(1)
Foundations may be watered up to two (2) hours on any day by hand-held hose, or
using a soaker hose or drip irrigation system placed within 24 inches of the
foundation that does not produce a spray of water above the ground.
(2)
Newly installed shrubs (first year) and trees may be watered up to two (2) hours on
any day by hand-held hose, drip irrigation, or a soaker hose. Tree watering is limited
to an area not to exceed the drip line of a tree. Upon demand, documentation of
installation date shall be provided.
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(3)
Outdoor watering at service addresses with large multi-station irrigation systems may
take place in accordance with the terms of a written variance granted by the district
manager in accordance with the process established by Trophy Club Municipal
Utility District No. 1.
(4)
Golf courses may water greens and tee boxes as needed to keep them alive; however,
watering shall only be allowed before 10 a.m. and after 6 p.m. Fairways are restricted
to once-per-week watering as outlined above (before 10 a.m. and after 6 p.m.). Golf
course roughs shall not be watered and are not excepted from the requirements of this
part.
(5)
(6)
A commercial customer may use a different watering schedule than the one set forth
above in this section as long as such customer limits each service address to a twiceper-week schedule and use of such watering schedule is approved in writing by the
district manager.
(7)
It is an exception to the prohibition in subsection (a)(7) of this section if a person is
using the water from a fire hydrant pursuant to a permit issued by the district
manager specifying the use of designated hydrants.
(8)
If hydro-mulch, grass sod, or grass seed is installed for the purpose of establishing a
new lawn, there are no watering restrictions for the first thirty (30) days while it is
being established. After that, the watering restrictions set forth in this stage apply.
(This exception does not include watering for over-seeding with rye since turf
already exists.)
Sec. 1.10.098
(1)
Cause or allow any actions in violation of either the Stage 1 or Stage 2 restrictions
specified in section 1.10.096 or 1.10.097 above.
(2)
Cause or allow landscape watering, including at parks, golf courses, and sports fields.
(3)
Cause or allow the establishment of new landscaping.
(4)
Cause or allow vehicle washing except as specifically provided herein.
(5)
Cause or allow the operation of ornamental fountains or ponds that use potable water
except where necessary to support aquatic life.
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(6)
Cause or allow the draining, filling, or refilling of new swimming pools, wading
pools and Jacuzzi type pools. Existing private and public pools may add water to
maintain pool levels; however, they may not be refilled using automatic fill valves.
(1)
Foundations may be watered up to two (2) hours on any day by hand-held hose, or
using a soaker hose or drip irrigation system placed within 24 inches of the
foundation that does not produce a spray of water above the ground.
(2)
Trees may be watered up to two (2) hours on any day by hand-held hose, drip
irrigation, or a soaker hose. Tree watering is limited to an area not to exceed the drip
line of a tree.
(3)
Golf course greens only may be watered by hand-held hose as needed to keep them
alive; however, watering must be done before 10 a.m. and after 6 p.m.
(4)
(5)
A commercial carwash, a commercial service station or a private on-site vehicle
washing facility shall only be allowed to operate as necessary for health, sanitation,
or safety reasons, including but not limited to the washing of garbage trucks and
vehicles used to transport food and other perishables. All other vehicle washing is
prohibited.
(c) New pools, ornamental ponds or fountains. When Stage 3 drought conditions are in effect,
no permits shall be issued for new swimming pools, Jacuzzi-type pools, spas, ornamental ponds
and fountain construction. Pools already permitted and under construction may be completely
filled with water.
Sec. 1.10.099
Termination of restrictions
Stage 1, Stage 2, or Stage 3 may be terminated upon notice by either the City of Fort Worth or
Trophy Club Municipal Utility District No. 1. (2006 Code, ch. 11, sec. 9.08; Ordinance 2009-18,
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CHAPTER 2
ANIMAL CONTROL
ARTICLE 2.01 GENERAL PROVISIONS ................................................................................. 2-7
Sec. 2.01.001
Definitions ............................................................................................. 2-7
Sec. 2.01.002
Penalty; injunctive relief...................................................................... 2-11
Sec. 2.01.003
Enforcement ........................................................................................ 2-11
Sec. 2.01.004
Fees...................................................................................................... 2-12
Sec. 2.01.005
Exceptions ........................................................................................... 2-12
Sec. 2.01.006
Humane care of animals ...................................................................... 2-13
Sec. 2.01.007
Maximum number of animals ............................................................. 2-13
Sec. 2.01.008
Prohibited actions against animals ...................................................... 2-13
Sec. 2.01.009
Sanitary conditions .............................................................................. 2-15
Sec. 2.01.010
Defecation of animals on public and private property ........................ 2-15
Sec. 2.01.011
Animals at large................................................................................... 2-15
Sec. 2.01.012
Animal noise........................................................................................ 2-16
Sec. 2.01.013
Authority to impound, kill or muzzle certain animals......................... 2-16
Sec. 2.01.014
Dangerous dogs ................................................................................... 2-16
Sec. 2.01.015
Keeping livestock or wild or prohibited animal .................................. 2-18
Sec. 2.01.016
Confinement of animal involved in attack .......................................... 2-18
Sec. 2.01.017
Vicious animals ................................................................................... 2-18
Sec. 2.01.018
Rabies control; vaccination of dogs and cats....................................... 2-19
Sec. 2.01.019
Licenses and tags................................................................................. 2-19
Sec. 2.01.020
Special requirements for keeping miniature pigs and ferrets .............. 2-20
ARTICLE 2.02 IMPOUNDMENT ............................................................................................ 2-21
Sec. 2.02.001
Generally ............................................................................................. 2-21
Sec. 2.02.002
Release of unvaccinated animals......................................................... 2-23
Sec. 2.02.003
Adoption of impounded animals ......................................................... 2-23
ARTICLE 2.03 DANGEROUS WILD ANIMALS ................................................................... 2-24
Sec. 2.03.001
Inspection of premises......................................................................... 2-24
Sec. 2.03.002
Relocation or disposition of animal..................................................... 2-24
Sec. 2.03.003
Attack by animal; escape of animal..................................................... 2-24
Sec. 2.03.004
Care and treatment; transportation ...................................................... 2-25
Sec. 2.03.005
Liability insurance............................................................................... 2-26
Sec. 2.03.006
Transfer of ownership.......................................................................... 2-26
Sec. 2.03.007
Offenses............................................................................................... 2-26
Sec. 2.03.008
Civil penalty ........................................................................................ 2-26
Division 2. Certificate of Registration..................................................................................... 2-27
Sec. 2.03.041
Required .............................................................................................. 2-27
Sec. 2.03.042
Application .......................................................................................... 2-27
Sec. 2.03.043
Denial or revocation ............................................................................ 2-28
Sec. 2.03.044
Effective date....................................................................................... 2-29
Sec. 2.03.045
Display................................................................................................. 2-29
Sec. 2.03.046
Exemptions.......................................................................................... 2-29
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Chapter 2: Animal Control
ARTICLE 2.04 ANIMAL SHELTER ADVISORY BOARD ................................................... 2-30
Sec. 2.04.001
Creation; organization ......................................................................... 2-30
Sec. 2.04.002
Appointment; terms ............................................................................. 2-31
Sec. 2.04.003
Staff liaison.......................................................................................... 2-31
Sec. 2.04.004
Duties of board .................................................................................... 2-31
Sec. 2.04.005
Meetings .............................................................................................. 2-31
Sec. 2.04.006
Staff liaison duties ............................................................................... 2-31
[Next page is 2-7.]
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ARTICLE 2.01 GENERAL PROVISIONS*
Sec. 2.01.001
Definitions
Abandon. To dump, desert, or leave any animal on public or private property with the intent of
terminating any further responsibility for said animal, and shall also mean failing to properly
redeem or properly release any animal impounded or quarantined by the town.
Animal. Any living creature classified as a member of the animal kingdom, including but not
limited to dogs, cats, cows, horses, birds, fish, mammals, reptiles, insects, fowl, and livestock, but
specifically excluding human beings.
Animal control services or division. An establishment that is operated, controlled, or contracted
with by the town for the confinement, safekeeping, control and/or destruction of animals which
come into the custody of the town.
Animal control officer. Any individual employed, contracted with, or appointed by the town for
the purpose of aiding in the enforcement of this act or any other law or code relating to the
licensure of animals, control of animals, or seizure and impoundment of animals, and includes
any state or local law enforcement officer or other employee whose duties in whole or in part
include assignments that involve the seizure and impoundment of any animal.
Animal shelter. A facility operated by the town or with which the town has contracted for the
purpose of impounding or caring for animals held under the authority of this chapter or state law.
At large. Shall mean when an animal is not confined to the premises of its owner by a fence of
sufficient strength and/or height to prevent the animal from escaping therefrom, inside the house
or other enclosure, or secured on such premises by a leash of sufficient strength to prevent the
animal from escaping from the premises, and so arranged that the animal will remain upon such
premises when the leash is stretched to full length in any direction. An animal shall not be
considered “at large” when held and controlled by a person of adequate strength by means of a
leash, cord, chain, or rope of proper strength and length to control the actions of the animal, or
while confined within a vehicle. An “invisible fence” will suffice as sufficient restraint so long as
the animal is not found outside the premises of the owner and the invisible fence is registered
with the animal control services or division.
Bite. Any abrasion, scratch, puncture, tear or piercing of skin caused by an animal.
Cat. All domestic species or varieties of Felis catus, male or female, alive or dead.
Certificate of registration. The town shall register and issue a certificate of registration and a
license to any person living in the town who owns or possesses a dog or cat requiring vaccination
to prevent rabies who files an application meeting the requirements of this chapter. Such
certificate of registration is for the purpose of owner identification and in cases where the dog or
cat might become impounded, lost or injured. Application for the certificate of registration/license
shall be made by the owner, in writing or in person, and be accompanied by proof that the dog or
cat is currently vaccinated against rabies in accordance with the Texas Administrative Code, title
*
State law reference–Health and safety of animals, V.T.C.A., Health and Safety Code, ch. 821 et seq.
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25, part 1, chapter 169 (Zoonosis Control, Rabies Control and Eradication). If there is a change in
ownership, the new owner shall have the identification tag transferred to his name within ten (10)
days after taking possession of the animal.
Dangerous dog. Any dog that, according to the records of the appropriate authority:
(1)
Has bitten, attacked, or endangered or has inflicted severe injury on a human being
on public or private property;
(2)
Has more than once severely injured or killed a domestic animal while off the
owner’s property;
(3)
Has been used primarily or in part for the purpose of dog fighting or is a dog trained
for dog fighting; or
(4)
Has, when unprovoked, chased or approached a person upon the streets, sidewalks, or
any public grounds in a menacing fashion or apparent attitude of attack, provided that
such actions are attested to in a sworn statement by one or more persons and dutifully
investigated by the appropriate authority.
Dangerous wild animal.
(1)
A lion;
(2)
A tiger;
(3)
An ocelot;
(4)
A cougar;
(5)
A leopard;
(6)
A cheetah;
(7)
A jaguar;
(8)
A bobcat;
(9)
A lynx;
(10) A serval;
(11) A caracal;
(12) A hyena;
(13) A bear;
(14) A coyote;
(15) A jackal;
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(16) A baboon;
(17) A chimpanzee;
(18) An orangutan;
(19) A gorilla; or
(20) Any hybrid of an animal listed in this section.
Dog. All domesticated members of Canis familiaris, male and female, alive or dead.
Euthanasia. To humanely cause the death of an animal by a method which:
(1)
Rapidly produces unconsciousness and death without visible evidence of pain or
distress; or
(2)
Utilizes anesthesia produced by an agent which causes painless loss of consciousness
with death following such loss of consciousness.
Harboring or harboring of animal. The keeping and caring, including but not limited to feeding
and providing water, for an animal for seventy-two (72) hours or longer.
Impound. To seize and hold in the custody of the local rabies control authority or other authority
such as a veterinarian.
Invisible fence. Any fence which cannot be seen with the human eye but that is designed to keep
an animal enclosed in a space by means of laser technology or sound technology. Such invisible
fence must not be capable of causing pain or discomfort to any human being that crosses its path.
Law enforcement officer. Those authorized to enforce the provisions of this chapter, namely, the
local rabies control authority, any animal control officer, or any law enforcement officer.
Livestock. Any horses, mules, donkeys, cattle, hogs, goats and sheep of any and all kinds, and
shall include both the male and female species of such animals.
Local rabies control authority. The animal control officer is designated as the local rabies control
authority and has authority to appoint representatives to enforce the provisions of this chapter,
receive reports of animal bites, investigate animal bites, insure quarantine of possibly rabid
animals and otherwise carry out provisions of state law pertaining to control and eradication of
rabies.
Neuter. The surgical removal of the male reproductive organs of an animal to render it unable to
reproduce.
Owner. A person who harbors, keeps, possesses, or permits to be harbored, kept, or possessed an
animal in his care, on or about his premises, without regard to title, purchase, or acceptance of the
animal as a gift.
Person. Any individual, firm, association, partnership, or corporation or any other legal entity.
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Police dog. Any dog used by a law enforcement agency or its officers in the administration of
official duties.
Pot-bellied pig. A variety of swine that is no more than eighteen inches (18") in height at
shoulder level when full grown, [having] short erect ears, and a straight tail. Swine shall not be
considered a pot-bellied pig if its weight exceeds sixty (60) pounds, or unless registered with a
licensed breeder.
Prohibited animal. An animal not normally considered domesticated, including, but not limited
to, a venomous lizard, poisonous snake, boa, python, raccoon, skunk, fox, bear, elephant,
kangaroo, monkey, chimpanzee, antelope, deer, any protected, threatened, or endangered species
as defined by the state parks and wildlife commission and the U.S. Fish and Wildlife Service, or
any other wild animal capable of, or inflicted [inclined] to do, serious bodily harm to humans or
other animals or fowl.
Proper enclosure of a dangerous dog. Shall mean, while on the owner’s property, a dangerous
dog is securely confined indoors or in a securely enclosed and locked pen or structure, suitable to
prevent the entry of young children (nine (9) years of age or younger) and designed to prevent the
animal from escaping. Such pen or structure shall have secure sides and, where appropriate, a
secure top to prevent the dog from escaping over, under, or through the structure and shall also
provide protection from the elements.
Quarantine. Strict confinement under restraint by closed cage or padlock or in any other manner
approved in this chapter or state law on the private premises of the owner or at a facility approved
by the state board of health or its designee, or the local rabies control authority.
Severe injury. Any physical injury which results in broken bones, multiple bites, or disfiguring
lacerations requiring sutures or reconstructive surgery.
Spay. The surgical removal of the female reproductive organs of an animal to render it unable to
reproduce.
Unprovoked. An action by an animal that is not in response to being tormented, abused, teased or
assaulted by any person; in response to pain or injury; or in protection for itself or its food,
kennel, immediate territory, or nursing offspring.
Vaccinated. Properly injected with a rabies vaccine licensed for use in that species by the United
States Department of Agriculture and administered by a veterinarian licensed to practice in the
state in an amount sufficient to provide immunity and satisfies the following criteria:
(1)
The animal must have been at least four (4) months of age at the time of vaccination;
(2)
At least thirty (30) days have elapsed since the initial vaccination; and
(3)
Not more than twelve (12) months have elapsed since the most recent vaccination, or,
if a three (3) year vaccination, then not more than thirty-six (36) months have elapsed
since the most recent vaccination.
Veterinarian. One licensed by state board of veterinary medical examiners, qualified and
authorized to treat diseases and injuries of animals.
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Vicious animal. Any individual animal that has on two previous occasions, without provocation,
attacked or bitten any person or other animal, or any individual animal which the local rabies
control authority or his representative has reason to believe has a dangerous disposition likely to
be harmful to humans or other animals.
Wild animal. Includes all species of animals that commonly exist in a natural unconfined state,
usually not domesticated, and any species of animal illegal to own under federal, state or local
law. This shall apply regardless of state or duration of captivity. The term shall include but is not
limited to foxes, panthers, wolves, alligators, crocodiles, apes, elephants, rhinoceroses, and all
forms of poisonous or constricting reptiles, and other like animals.
Ordinance 2006-24, sec. II, adopted 7/24/06; Ordinance 2006-43, sec. II, adopted 11/6/06; 2006
Code, ch. 2, sec. 1.01; Ordinances adopting Code)
Sec. 2.01.002
Penalty; injunctive relief
(a) Except as specifically provided otherwise, any person violating any of the provisions of this
chapter shall be deemed guilty of a class C misdemeanor upon conviction and shall be fined,
except as otherwise provided herein, in a sum not to exceed two thousand dollars ($2,000.00) for
each offense, and a separate offense shall be deemed committed upon each day during or on
which a violation occurs or continues.
(b) If the governing body of the town determines that a violation of this chapter creates a threat
to the public safety, the town may bring suit in the district court of the county in which the person
who committed the offense resides or has an office to enjoin the person, firm, partnership,
corporation, or association from engaging in the prohibited activity. The town is not required to
give bond as a condition to the issuance of injunctive relief.
(Ordinance 2002-18, sec. 36, adopted 5/6/02; Ordinance 2006-43, sec. II, adopted 11/6/06; 2006
Code, ch. 2, sec. 1.37)
Sec. 2.01.003
Enforcement
(a) Generally. Enforcement of this chapter shall be the responsibility of the town, including
without limitation, the local rabies control authority and his designee.
(b) Authority to issue citations. The local rabies control authority shall have the authority to
issue citations for any violation of this chapter.
(c) Mailing of citations. If the person cited is not present, the local rabies control authority may
send the citation to the alleged offender by registered or certified mail.
(d) Interference. It shall be unlawful for any person to interfere with the local rabies control
authority in the performance of his duties.
(e) Authority to destroy animals. The local rabies control authority shall have the authority to
humanely euthanize and/or destroy any animal in accordance with the provisions of this chapter.
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(f) Authority to use tranquilizer gun. The local rabies control authority shall have the authority
to use a tranquilizer gun in the lawful discharge of his/her duties.
(g)
Exemption of police dogs. Police dogs are exempt from the provisions of this chapter.
(h)
Right of entry; search warrants.
(1)
Law enforcement officers are hereby authorized to enter upon any fenced or
unfenced lot, tract or parcel of land for the purpose of capturing, impounding and/or
quarantining any animal upon having probable cause to believe the animal to have
bitten, injured or otherwise attacked a human being or other animal or to have, or
have been exposed to, rabies or another communicable disease posing a danger to the
public health, safety or welfare, or otherwise pose a clear and present danger to
human beings or other animals. This authorization is granted due to the emergency
created by the potential rabies hazard or danger of injury to persons or other animals,
and in recognition of the likelihood that such animal will otherwise escape capture.
As a matter of policy, law enforcement officers shall not enter upon private property
to capture and/or impound any animal known to belong to the owner of such property
without probable cause to believe the animal poses a threat or danger to property,
human beings or other animals.
(2)
Furthermore, should the town law enforcement officers have probable cause to
believe an animal has been, or is being, cruelly treated or has rabies or another
communicable disease, the town enforcement agency may, pursuant to V.T.C.A.,
Health and Safety Code section 821.022, obtain a search warrant and impound such
animal, even if it is enclosed on private property.
Sec. 2.01.004
Fees
All fees for licensing, daily handling, impoundment, disposal, quarantine, lost or destroyed tags,
and/or transfer to the animal shelter are stated on the schedule of fees, to be revised from time to
time by the local rabies control authority and approved by the town council. The schedule of fees
is located in appendix A of the town’s Code of Ordinances. A copy of the schedule of fees can be
obtained from the local rabies control authority or the town secretary. (Ordinance 1999-32, sec. 7,
adopted 12/21/99; Ordinance 2002-18, sec. 8, adopted 5/6/02; Ordinance 2006-24, sec. II,
adopted 7/24/06; Ordinance 2006-43, sec. II, adopted 11/6/06; 2006 Code, ch. 2, sec. 1.13)
Sec. 2.01.005
Exceptions
(a) The provisions of section 2.01.011 of this chapter (relating to animals at large) shall not
apply to cats or to dogs under the age of four (4) months.
(b) With the exception of sanitation requirements, noise prohibition and prohibition on keeping
vicious animals, the provisions of this chapter shall not apply to dogs or cats of nonresidents of
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the town who are temporarily visiting in the town, which dogs or cats, while out-of-doors, are
kept securely under control by a leash, rope or trap, or confined in a vehicle.
Code, ch. 2, sec. 1.22)
Sec. 2.01.006
Humane care of animals
Animals shall be provided humane care and treated and transported in a humane manner and not
in violation of V.T.C.A., Penal Code section 42.09 and V.T.C.A., Health and Safety Code title 10
or any other provision of law, including federal, state and local laws, ordinances and rules.
Code, ch. 2, sec. 1.03)
State law references–Cruelty to livestock animals, V.T.C.A., Penal Code, sec. 42.09; cruelty to
nonlivestock animals, V.T.C.A., Penal Code, sec. 42.092.
Sec. 2.01.007
Maximum number of animals
(a) Declaration of nuisance. The keeping of more than the maximum number of animals
permitted by this section shall be considered a public nuisance.
(b) Maximum number. It shall be unlawful to keep or harbor more than four (4) animals of any
one species six (6) months of age or older or more than a total of six (6) animals on any premises
used or zoned for residential purposes and less than two acres in area.
(c) Exemptions. The provisions of subsection (b) shall not apply to: (i) licensed residential
breeders, (ii) licensed residential foster owners, or (iii) a person(s) who keeps or harbors more
than four (4) dogs and four (4) cats six (6) months of age or older in violation of subsection (b), if
the person has obtained town certificates of registration for each animal on or before July 31,
2006 and continuously maintains current town certificates of registration. Failure to maintain a
current license for residential breeders, a current license for residential foster owners or current
registration of each such animal as required in this section shall result in a forfeiture of this
exemption.
(Ordinance 2002-18, sec. 4, adopted 5/6/02; Ordinance 2006-24, sec. II, adopted 7/24/06;
Ordinance 2006-43, sec. II, adopted 11/6/06; 2006 Code, ch. 2, sec. 1.04)
Sec. 2.01.008
Prohibited actions against animals
A person commits an offense if:
(1)
A person fails to provide an animal under his control and/or ownership with adequate
wholesome food and water, proper shelter and protection from inclement weather,
and veterinary care when needed to prevent suffering;
(2)
A person having charge or custody of an animal places or confines such animal, or
allows such animal to be placed or confined, in a motor vehicle, trailer or other
enclosure under such conditions, or for such a period of time, as to endanger the
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health of the animal due to heat, lack of food or water, or such other circumstances as
may cause injury or death to the animal;
(3)
A person treats an animal in an inhumane or cruel manner as defined by V.T.C.A.,
Penal Code section 42.09 and V.T.C.A., Health and Safety Code ch. 821;
(4)
A person knowingly owns, harbors, trains, sells or offers for sale any animal which is
to be used for the purpose of fighting, or to be trained, tormented, badgered or baited
for the purpose of causing or encouraging the animal to attack human beings or
animals when not provoked, except that this section shall not apply to guard dogs;
(5)
A person mutilates any animal, whether such animal is dead or alive. This subsection
does not apply to medical or veterinary medical research, medical or veterinary
medical autopsies, or biology class use of animals for educational purposes;
(6)
A person causes an animal to fight another animal or person;
(7)
A person other than a licensed veterinarian docks an animal’s tail, or crops an
animal’s ears, or castrates an animal; provided, however, that this subsection shall not
apply to normal livestock operations occurring within the town;
(8)
A person dyes or colors chicks, ducks, rabbits, reptiles or birds;
(9)
A person transporting an animal fails to effectively restrain an animal so as to prevent
the animal from leaving or being accidentally thrown from a vehicle during normal
operation of the vehicle, or fails to effectively restrain an animal so as to prevent
infliction of bodily harm to passersby; provided, however, that the provisions of this
subsection shall not prohibit a person from transporting an effectively confined or
tethered dog in the open bed of a pickup truck;
(10) A person is in control of a motor vehicle which strikes a domestic animal or livestock
within the corporate limits of the town and fails to report the accident to a law
enforcement officer as soon as practical;
(11) A person abandons any animal, including the abandonment of an impounded animal
at the animal shelter, with the intent to readopt the animal to avoid impoundment
fees; or
(12) A person places any substance or article which has in any manner been treated with
any poisonous substance in any place accessible to human beings, birds, dogs, cats or
other animals with the intent to kill or harm animals or with reckless disregard for the
harm or injury that could reasonably occur. This shall include anti-freeze
intentionally or recklessly left exposed to poison animals. This section, however,
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does not preclude the use of commercially sold rodent poisons when applied in
accordance with the manufacturer’s directions for such use.
Code, ch. 2, sec. 1.05)
State law references–Cruelty to livestock animals, V.T.C.A., Penal Code, sec. 42.09; cruelty to
nonlivestock animals, V.T.C.A., Penal Code, sec. 42.092; health and safety of animals, V.T.C.A., Health
and Safety Code, ch. 821 et seq.
Sec. 2.01.009
Sanitary conditions
All persons keeping animals within the town shall keep the premises upon which such animal is
kept clean and free from noxious and unpleasant odors and shall use some standard spray at
reasonable intervals so as to keep such premises free from flies, mosquitoes, fleas and other
insects. (Ordinance 1999-32, sec. 17, adopted 12/21/99; Ordinance 2002-18, sec. 18, adopted
5/6/02; Ordinance 2006-43, sec. II, adopted 11/6/06; 2006 Code, ch. 2, sec. 1.06)
Sec. 2.01.010
Defecation of animals on public and private property
It shall be unlawful and an offense for any person to fail to promptly remove and dispose of, in a
sanitary manner, feces left by a dog, cat, or other animal being owned, handled, or controlled by
that person:
(1)
Upon a public area, including but not limited to walks, parks, recreation areas,
sidewalks, parkways, public streets, alleys, school grounds, any common areas of an
apartment house, or any common area of an office building; or
(2)
Upon private property other than the premises of the owner, handler or controller of
such animal.
Sec. 2.01.011
Animals at large
(a) It shall be unlawful for any owner to allow a dog or any other animal possessed, kept or
harbored by him, other than a cat, to be at large, as defined in section 2.01.001 of this chapter.
(b) Upon the complaint to a local rabies control authority that a cat has caused a nuisance or
hazard to the health or welfare of the human or animal population, such cat may be determined by
a local rabies control authority to be at large as defined in subsection (a) of this section.
(c)
The local rabies control authority is authorized to impound such animals at large.
State law reference–Restraint, impoundment and disposition of dogs and cats, V.T.C.A., Health and
Safety Code, sec. 826.033.
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Sec. 2.01.012
Animal noise
(a) No person shall knowingly keep or harbor any animal that causes loud and unusual or
frequent barking, howling, or other noise that disturbs the peace and quiet of any person of
ordinary sensibilities.
(b) It shall serve as prima facie evidence of a violation of subsection (a) of this section if an
owner allows an unprovoked animal to cause noise described in subsection (a) of this section in
excess of fifteen (15) minutes.
Sec. 2.01.013
Authority to impound, kill or muzzle certain animals
(a) The local rabies control authority shall have the authority to impound an animal which is
diseased and could endanger the health and welfare of another animal or person.
(b) The local rabies control authority or any law enforcement officer shall have the authority to
kill an animal if, in the sole opinion of the officer, such animal poses an imminent danger to a
person or property, and a real or apparent necessity exists for the destruction of the animal.
(c) The local rabies control authority shall have the authority to muzzle or order the owner,
handler, or controller of an animal to muzzle an animal which, in the sole opinion of the local
rabies control authority, poses a threat to the safety or welfare of any person.
(d) The local rabies control authority shall have the authority to impound any prohibited
animal, wild animal or livestock possessed in violation of this chapter.
Code, ch. 2, sec. 1.11)
Sec. 2.01.014
Dangerous dogs
(a) Adoption of state law. The provisions of subchapter D, chapter 822 of the Texas Health and
Safety Code, as amended, are adopted by and incorporated into this chapter.
(b)
Declaration of dangerous dog.
(1)
If the local rabies control authority has cause to believe that a dog is a dangerous dog
as defined by this chapter, he may find and declare such dog a dangerous dog.
(2)
Within three (3) days of declaring a dog dangerous, the local rabies control authority
will notify the person owning the dog of its designation as a dangerous dog and
provide him with a copy of this chapter. The notification to the owner will be
provided in person or through certified mail. The local rabies control authority shall
also notify the town manager, fire department, and police department of the
designation of any dog as a dangerous dog. The notification will describe the dog and
specify any particular requirements or conditions placed upon the person owning the
dog.
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(3)
(c)
The notice shall inform the owner of the dog that he may request, in writing, an
appeal of the dangerous dog determination within ten (10) days from the receipt of
the certified mail or date of the personal notification of the dangerous dog
declaration, to contest the finding and designation.
Requirements for owner.
(1)
(2)
(d)
If the owner of a dog that has been determined dangerous by the local rabies control
authority elects not to appeal that decision pursuant to subsection (b)(3) of this
section, then, within thirty (30) days of the expiration of the ten (10) day time period
for appeal, the owner shall comply with the requirements listed in this section. If the
owner of a dog that has been determined dangerous appeals that decision to the
municipal court, then such owner shall comply with the requirements of this section
within thirty (30) days after such determination by the municipal court. The
requirements of this section that must be met are as follows:
(A)
Register the dangerous dog with the local rabies control authority for the area
in which the dog is kept;
(B)
Restrain the dangerous dog at all times on a leash in the immediate control of a
person or in a secure enclosure; and
(C)
Obtain liability insurance coverage or show financial responsibility in the
amount specified by state law to cover damages resulting from an attack by the
dangerous dog causing bodily injury to a person.
For purposes of this section, a person learns that the person is the owner of a
dangerous dog when:
(A)
The owner knows of an attack as described in section 2.01.001 of this chapter;
and
(B)
The owner is informed by the animal control officer that the dog is a dangerous
dog; or
(C)
A determination is made by the municipal court that the animal is a dangerous
dog.
Appeal from dangerous dog determination.
(1)
Appeals from the local rabies control authority’s determination that a dog is
dangerous will be heard by the municipal court. Upon notice of appeal as prescribed
in this section, the municipal court will hear the case at the next trial setting after the
request for appeal.
(2)
The appeal is a civil proceeding for the purpose of affirming or reversing the animal
control officer’s determination of dangerousness. If the dog has been impounded, the
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municipal court judge may waive any and all fees associated with the impoundment
and release the dog to its owner upon reversal of the local rabies control authority’s
determination.
Code, ch. 2, sec. 1.12)
State law reference–Authority of city to regulate the keeping of dangerous dogs, V.T.C.A., Health and
Safety Code, sec. 822.041 et seq.
Sec. 2.01.015
Keeping livestock or wild or prohibited animal
(a) It shall be unlawful to keep or harbor any livestock or wild or prohibited animal within the
town, except at commercial establishments dealing in the sale or handling of such animals, having
proper zoning for such commercial enterprises and having proper facilities for the care and
restraint of such animals.
(b) The local rabies control authority may establish conditions under which it would be
permissible to keep or harbor livestock or wild or prohibited animals in the town on a temporary
basis.
Code, ch. 2, sec. 1.16)
Sec. 2.01.016
Confinement of animal involved in attack
When an animal has bitten, scratched, or otherwise attacked a person or animal, anyone having
knowledge of such incident shall immediately notify the local rabies control authority. Such
animal shall then be confined in a veterinary hospital or approved animal shelter designated by
the local rabies control authority for a period of ten (10) days. The cost of such confinement shall
be paid by the owner of the animal. Such animal shall, during such period of confinement, be
subject to inspection by the local rabies control authority, other town personnel or a licensed
veterinarian. If, after the ten (10) day period, the owner fails to pick up the animal, the local
rabies control authority may follow the procedure for adoption or disposal of an impounded
animal. (Ordinance 1999-32, sec. 10, adopted 12/21/99; Ordinance 2002-18, sec. 12, adopted
5/6/02; Ordinance 2006-24, sec. II, adopted 7/24/06; Ordinance 2006-43, sec. II, adopted 11/6/06;
2006 Code, ch. 2, sec. 1.17)
Sec. 2.01.017
Vicious animals
A vicious animal, as defined in section 2.01.001 of this chapter, shall not be allowed in the town
limits. Any vicious animal found in the town shall be removed immediately by order of the
municipal court. If the owner of the vicious animal fails to remove such animal, the local rabies
control authority may have such animal impounded and/or destroyed. (Ordinance 1999-32, sec.
14, adopted 12/21/99; Ordinance 2002-18, sec. 15, adopted 5/6/02; Ordinance 2006-24, sec. II,
adopted 7/24/06; Ordinance 2006-43, sec. II, adopted 11/6/06; 2006 Code, ch. 2, sec. 1.18)
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Sec. 2.01.018
Rabies control; vaccination of dogs and cats
(a) The town hereby adopts the Rabies Control Act of 1981 (V.T.C.A., Health and Safety
Code, section 826.001 et seq.), and Texas Administrative Code, title 25, part 1, chapter 169 et
seq., and the standards established by the state board of health as minimum standards for rabies
control and quarantine provisions within the town. In addition thereto, all of the rabies control
provisions of this chapter, which are adopted pursuant to V.T.C.A., Health and Safety Code
sections 826.015 and 826.033, shall have application within the town.
(b) The owner or custodian of each dog or cat shall have the animal vaccinated against rabies
by four (4) months of age. The animal must receive a booster within the twelve (12) month
interval following the initial vaccination. Every dog or cat must be revaccinated against rabies at
a minimum of at least once every three (3) years with a rabies vaccine licensed by the United
States Department of Agriculture. The vaccine must be administered according to label
recommendations and by a legally licensed veterinarian.
Code, ch. 2, sec. 1.19)
State law references–Rabies vaccinations, V.T.C.A., Health and Safety Code, sec. 826.021 et seq.; rabies
reports and quarantine, V.T.C.A., Health and Safety Code, sec. 826.041 et seq.
Sec. 2.01.019
Licenses and tags
(a) Owner identification and rabies vaccination tag required. A person within the town who is
the owner or harborer of a dog or a cat that is three (3) months of age or older shall place and
maintain a collar on the animal which collar shall have:
(1)
A current identification tag listing the owner or harborer’s name, current address and
current telephone number; and
(2)
A tag evidencing compliance with the requirements of state law regulating rabies
vaccination under the Rabies Control Act, as amended, and chapter 2 of this Code of
Ordinances.
(b) Possession of unlicensed dog or cat prohibited. A person commits an offense if he
possesses within the town an animal which has not been licensed according to subsection (a) of
this section. The owner of an animal shall, upon request, show to the law enforcement officer
enforcing this chapter the receipt for the animal’s town registration. The failure or refusal of an
owner to produce to the law enforcement officer the receipt for the animal’s town registration or a
current license tag shall constitute prima facie proof that such animal has not been licensed
according to the requirement contained in subsection (a) of this section.
(c) Issuance of tag; wearing of tags. Upon presentation of the vaccination certificate and
payment of the licensing fee, the town manager or the manager’s duly authorized representative
shall issue to the owner a license tag. The license tag and vaccination tag shall be affixed to a
collar, which shall be attached to the animal’s neck and worn by such animal at all times.
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(d) Lost or destroyed tags. In the event a license tag is lost or destroyed, a new tag shall be
issued by the town manager or the manager’s duly authorized representative upon presentation of
a receipt showing the payment of the initial license fee and upon the payment of a replacement
fee, the amount of which is to be as designated on the fee schedule in appendix A of this code.
The replacement license tag shall be valid only for the period of time that remained on the
original license receipt.
(e) Failure to obtain license tag. A person commits an offense, without regard to his mental
state, if he owns an animal without a current licensing tag for the animal.
(f)
Defenses. It is a defense to prosecution that:
(1)
The animal was younger than three (3) months of age; or
(2)
The owner of the animal has resided in the town less than thirty (30) days.
(g) Transfer of registration or licensing. Town registration or licensing of an animal is not
transferable to another animal.
Code, ch. 2, sec. 1.20; Ordinance 2013-42, sec. 2.01, adopted 11/18/13)
State law reference–Registration of dogs and cats, V.T.C.A., Health and Safety Code, sec. 826.031 et seq.
Sec. 2.01.020
(a)
Special requirements for keeping miniature pigs and ferrets
Pot-bellied or miniature pigs.
(1)
It shall be unlawful for any person to keep, harbor or raise more than two (2) adult
pot-bellied pigs in any one (1) residence within the town.
(2)
It shall be unlawful for any person to keep a pot-bellied pig outdoors other than those
times necessary for the elimination of waste or for exercise. Pot-bellied pigs are
subject to all applicable sections of this chapter, including the prohibitions against
animals at large.
(3)
It shall be unlawful for any person to keep, harbor, or raise a pot-bellied pig which
has not been altered (spayed or neutered), and its tusks removed from its body.
(4)
It shall be unlawful for any person to keep a pot-bellied pig at any location within the
town unless such person has first filed with the local rabies control authority a
registration application to keep such an animal and such application has been
approved. The information required in the application shall be determined by the
animal control services or division. The application shall be accompanied by the
necessary veterinary documents and licensing fee as required on the schedule of fees
for pot-bellied pigs.
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(b)
Ferrets.
(1)
It shall be unlawful for any person to keep, harbor, or raise more than four (4) adult
ferrets in any one (1) residence within the town.
(2)
It shall be unlawful for any person to keep, harbor, or raise a ferret which has not
received annual ferret rabies and distemper vaccinations and that is not spayed or
neutered.
(3)
Cages used for keeping of ferrets shall be made to prevent the animal from escaping
and being large enough to ensure compliance with this chapter.
(4)
It shall be unlawful for any person to keep, harbor, or raise any ferret which is not
registered and licensed with the animal control services or division. The licensing fee
for ferrets is set out in the schedule of fees.
ARTICLE 2.02 IMPOUNDMENT*
Sec. 2.02.001
Generally
(a) Impoundment of animals at large. The local rabies control authority shall take into custody
any animal found at large in the town and shall impound the animal into the custody of the police
department, the police department’s designated place of animal detention, or the animal shelter,
as defined by section 2.01.001 of this chapter.
(b) Holding period. Such impounded animal shall be held for a period of not more than three
(3) days if not claimed or surrendered before the three (3) day period.
(c) Disposition of unclaimed animals. At the end of such period, if the animal has not been
claimed and the fees associated with the impoundment have not been paid to the town, the animal
is deemed the property of the town and may be placed up for adoption by the town or euthanized
as determined by the local rabies control authority.
(d) Notification of owner. Prior to adoption or euthanasia, reasonable attempts in accordance
with the written town animal control policy shall be made to contact the owner of the registered
animals. Unregistered animals will automatically become the property of the town after the three
(3) day impound period.
(e)
Protective custody impounds.
(1)
If an animal is impounded as the result of a fire, medical emergency, hospitalization,
custody arrest, or other natural or man-made situation that leaves the owner, harborer
or person otherwise in possession of the animal temporarily incapable of maintaining
*
State law reference–Restraint, impoundment and disposition of dogs and cats, V.T.C.A., Health and
Safety Code, sec. 826.033.
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control of, or caring for, the animal, an animal control officer may impound the
animal and house it at the animal shelter.
(f)
(2)
The owner, harborer or the person that was in possession of the animal will be
notified of the location of the animal, the conditions under which the animal may be
released, and that the animal will be held for a period of seven (7) days. If the owner,
or his designee, has not claimed the animal within seven (7) days, the animal
becomes the property of the town to be disposed of by the animal control center
through adoption, transfer to an animal rights organization, or euthanasia.
(3)
Owners, or their designees, shall fulfill all the requirements for redemption as
prescribed by this chapter.
Surrender of animals.
(1)
The owner of a domestic animal may seek permission from the local rabies control
authority to surrender the domestic animal to the animal shelter. The local rabies
control authority shall have the discretion to accept or reject the surrender of the
domestic animal based upon available space and resources at the animal shelter and
based upon compliance with all requirements of this section.
(2)
An owner requesting to surrender a domestic animal to the local rabies control
authority shall complete a surrender form and submit a surrender fee as required by
the fee schedule in appendix A of this code, and, when applicable, shall also pay all
costs of transportation, shelter and impoundment for that domestic animal.
(3)
If the owner surrendering the domestic animal can provide documentation that the
surrendered animal has a current rabies vaccination and has been spayed or neutered,
the surrender fee shall be one-half (1/2) of the surrender fee found in the schedule of
fees of the town.
(4)
Upon completion of all required forms, payment of all applicable fees, including all
fees resulting from the impoundment, transportation, and shelter of a domestic
animal, when applicable, and acceptance of the domestic animal by the local rabies
control authority, the animal shall be impounded and shall immediately become the
sole property of the town. The impounded animal may be placed up for adoption or
euthanized as determined by the local rabies control authority.
(5)
The local rabies control authority is under no obligation to notify the former owner of
a surrendered domestic animal if it is determined that the animal must be euthanized.
(6)
As used in this section, the term “domestic animal” shall mean any of the various
animals that have been tamed and made fit for a human environment and that are
permitted to be maintained within the town by ordinance, regulation or policy, such
as dogs, cats and ferrets.
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(7)
For the purposes of this section, an owner shall include a person who is harboring an
animal.
Code, ch. 2, sec. 1.10; Ordinance 2008-43, sec. 2, adopted 12/15/08; Ordinance adopting Code)
Sec. 2.02.002
Release of unvaccinated animals
Before releasing any impounded animal, an owner shall provide proof of current rabies
vaccinations for the impounded animal. Current is defined as having been vaccinated for rabies
within the last year if the animal was given a twelve (12) month vaccine or three (3) years if
given the thirty-six (36) month vaccine. If the owner cannot provide proof of current vaccination,
the owner shall be given a written warning notice that the animal is to be vaccinated within five
(5) days or face prosecution for possessing an unvaccinated animal. All fees associated with the
impoundment of the animal must be paid by the owner at the time of release of the animal. It is an
offense under this section for the owner of the animal to fail to provide the proof of vaccination to
the animal control services or division within five (5) days from the date of release. (Ordinance
1999-32, sec. 8, adopted 12/21/99; Ordinance 2002-18, sec. 9, adopted 5/6/02; Ordinance 200624, sec. II, adopted 7/24/06; Ordinance 2006-43, sec. II, adopted 11/6/06; 2006 Code, ch. 2, sec.
1.14; Ordinance adopting Code)
Sec. 2.02.003
(a)
Adoption of impounded animals
A person who desires to adopt an animal from the town shall:
(1)
Register and license the animal with the town;
(2)
Have the animal vaccinated for rabies within five (5) days after adoption. If the
animal is not of proper age for vaccination, then the animal must be vaccinated
within fourteen (14) days of reaching the proper age;
(3)
Have the animal spayed or neutered within fourteen (14) days after adoption,
provided the animal is of proper age for such procedure. If the animal is not of proper
age for the procedure, then the animal must be spayed or neutered within fourteen
(14) days of reaching the proper age; and
(4)
Sign a promise in writing that the animal will be vaccinated and spayed/neutered
within the time limits prescribed in subsections (2) and (3) of this subsection. The
animal control services or division shall keep such written promise on file. It is an
offense under this section for the owner of the animal to fail to provide proof of
vaccination to the animal control services or division within five (5) days from the
date of adoption. It is a separate offense under this section for the owner of the
animal to fail to provide proof of spaying/neutering to the animal control services or
division within fourteen (14) days from the date of adoption or the date when the
animal reaches the proper age. If (i) an owner makes a promise to vaccinate or
spay/neuter in writing, (ii) the animal is thereafter impounded a second time, and (iii)
it is determined that the animal was not vaccinated and/or spayed/neutered in
accordance with the written promise, then the impoundment fee shall be doubled as
required in the schedule of fees adopted by the town.
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(5)
For any subsequent impoundment of such animal that remains unvaccinated and/or
unspayed/unneutered at the time of impoundment, an additional impoundment fee as
set forth in the town’s schedule of fees shall be assessed.
(b) The local rabies control authority shall make the final determination as to whether an
animal is healthy enough for adoption. Provided, however, that such a decision by the local rabies
control authority shall not constitute a warranty, either express or implied, of the health or age of
the animal.
State law reference–Sterilization of dog or cat released for adoption, V.T.C.A., Health and Safety Code,
ch. 828.
ARTICLE 2.03 DANGEROUS WILD ANIMALS*
Sec. 2.03.001
Inspection of premises
An owner of a dangerous wild animal, at all reasonable times, shall allow the local rabies control
authority or a licensed veterinarian designated by the local rabies control authority to enter the
premises where the animal is kept and to inspect the animal, the primary enclosure for the animal,
and the owner’s records relating to the animal to ensure compliance with this chapter. (Ordinance
2002-18, sec. 28, adopted 5/6/02; Ordinance 2006-24, sec. II, adopted 7/24/06; Ordinance 200643, sec. II, adopted 11/6/06; 2006 Code, ch. 2, sec. 1.28)
Sec. 2.03.002
Relocation or disposition of animal
(a) An owner of a dangerous wild animal may not permanently relocate the animal unless the
owner first notifies the local rabies control authority in writing of the exact location to which the
animal will be relocated and provides the local rabies control authority, with respect to the new
location, the information required by section 2.03.042 of this chapter.
(b) Within ten (10) days after the death, sale, or other disposition of the animal, the owner of
the animal shall notify the local rabies control authority in writing of the death, sale, or other
disposition.
Sec. 2.03.003
Attack by animal; escape of animal
(a) An owner of a dangerous wild animal shall notify the local rabies control authority of any
attack of a human by the animal within forty-eight (48) hours of the attack.
*
State law reference–Dangerous wild animals, V.T.C.A., Health and Safety Code, sec. 822.101 et seq.
2-24
(b) An owner of a dangerous wild animal shall immediately notify the local health department
and town police department of any escape of the animal.
(c) An owner of a dangerous wild animal that escapes is liable for all costs incurred in
apprehending and confining the animal.
(d) The local rabies control authority is not liable to an owner of a dangerous wild animal for
damages arising in connection with the escape of a dangerous wild animal, including liability for
damage, injury, or death caused by the animal during or after the animal’s escape, or for injury to
or death of the animal as a result of apprehension or confinement of the animal after escape.
Sec. 2.03.004
Care and treatment; transportation
(a) For each dangerous wild animal, the owner shall comply with all applicable standards of
the Animal Welfare Act (7 U.S.C. section 2131 et seq.) and its subsequent amendments and the
regulations adopted under that act relating to:
(1)
Facilities and operations;
(2)
Animal health and husbandry; and
(3)
Veterinary care.
(b) An owner of a dangerous wild animal shall maintain a separate written log for each
dangerous wild animal documenting the animal’s veterinary care and shall make the log available
to the local rabies control authority on request.
(c)
The log must:
(1)
Identify the animal treated;
(2)
Provide the date of treatment;
(3)
Describe the type or nature of treatment; and
(4)
Provide the name of the attending veterinarian, if applicable.
(d) When transporting a dangerous wild animal, the owner of the animal, or a designated
carrier or intermediate handler of the animal, shall comply with all transportation standards that
apply to that animal under the Animal Welfare Act (7 U.S.C. section 2131 et seq.) and its
subsequent amendments and the regulations adopted under that act.
(e) A person is exempt from the requirements of this section if the person is caring for,
treating, or transporting an animal for which the person holds a class A or class B dealer’s license
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or a class C exhibitor’s license issued by the Secretary of Agriculture of the United States under
the Animal Welfare Act (7 U.S.C. section 2131 et seq.) and its subsequent amendments.
Sec. 2.03.005
Liability insurance
An owner of a dangerous wild animal shall maintain liability insurance coverage in an amount of
not less than one hundred thousand dollars ($100,000.00) for each occurrence for liability for
damages for destruction of or damage to property and death or bodily injury to a person caused
by the dangerous wild animal. (Ordinance 2002-18, sec. 27, adopted 5/6/02; Ordinance 2006-43,
sec. II, adopted 11/6/06; 2006 Code, ch. 2, sec. 1.32)
Sec. 2.03.006
Transfer of ownership
A person commits an offense if the person knowingly sells or otherwise transfers ownership of a
dangerous wild animal to a person who does not have a certificate of registration for that animal
as required by this section. (Ordinance 2002-18, sec. 32, adopted 5/6/02; Ordinance 2006-43, sec.
II, adopted 11/6/06; 2006 Code, ch. 2, sec. 1.33)
Sec. 2.03.007
Offenses
(a) A person commits an offense if the person violates section 2.03.043(b), section 2.03.045, or
section 2.03.003(a) or (b) of this chapter. Each animal with respect to which there is a violation
and each day that a violation occurs or continues is a separate offense.
(b) A person commits an offense if the person knowingly sells or otherwise transfers
ownership of a dangerous wild animal to a person who does not have a certificate of registration
for that animal as required by this chapter.
Sec. 2.03.008
Civil penalty
(a) A person who violates section 2.03.002(a) is liable for a civil penalty of not less than two
hundred dollars ($200.00) and not more than two thousand dollars ($2,000.00) for each animal
with respect to which there is a violation and for each day the violation continues.
(b)
The town may sue to collect a civil penalty and retain the civil penalty collected.
(c) The town may also recover the reasonable costs of investigation, reasonable attorney’s fees,
and reasonable expert witness fees incurred by the town in the civil action. Costs or fees
recovered under this subsection shall be credited to the operating account from which payment
for the town’s expenditures were made.
Secs. 2.03.009–2.03.040
Reserved
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Division 2. Certificate of Registration
Sec. 2.03.041
Required
(a) A person may not own, harbor, or have custody or control of a dangerous wild animal for
any purpose unless the person holds a certificate of registration for that animal issued by the local
rabies control authority.
(b) An owner of a commercial establishment dealing in the sale or handling of dangerous wild
animals may not own, harbor, or have custody or control of a dangerous wild animal within the
corporate limits of the town for any purpose unless the person holds a certificate of registration
for that animal issued by the town animal control services or division.
(c) A certificate of registration issued under this chapter is not transferable and is valid for one
(1) year after its date of issuance or renewal unless revoked.
(d) The fee charged to an applicant shall be in accordance with the fee schedule in appendix A
of this code; provided, however, that the fee may not exceed fifty dollars ($50.00) for each animal
registered and may not exceed five hundred dollars ($500.00) for each person registering such
animals, regardless of the number of animals owned by the person. The fees collected shall be
used only to administer and enforce this chapter.
Ordinance 2006-43, sec. II, adopted 11/6/06; 2006 Code, ch. 2, sec. 1.23; Ordinance adopting
Code)
Sec. 2.03.042
Application
(a) An applicant for an original or renewal certificate of registration for a dangerous wild
animal shall file an application with the local rabies control authority on a form provided by the
local rabies control authority. The application shall include:
(1)
The name, address, and telephone number of the applicant;
(2)
A complete identification of each animal, including species, sex, age, if known, and
any distinguishing marks or coloration that would aid in the identification of the
animal;
(3)
The exact location where each animal is to be kept;
(4)
A sworn statement that:
(5)
(A)
All information in the application is complete and accurate; and
(B)
The applicant has read this chapter and subchapter E of chapter 822, Texas
Health and Safety Code, and that all facilities used by the applicant to confine
or enclose the animal comply with the requirements of that subchapter; and
Any other information the town in its capacity as the animal registration agency may
require.
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(b)
An applicant shall include with each application:
(1)
The nonrefundable fee;
(2)
Proof, in a form acceptable to the town, that the applicant has liability insurance as
required by this chapter;
(3)
A color photograph of each animal being registered taken not earlier than the thirtieth
(30th) day before the date the application is filed;
(4)
A photograph and a statement of the dimensions of the primary enclosure in which
each animal is to be kept and a scale diagram of the premises where each animal will
be kept, including the location of any perimeter fencing and any residence on the
premises; and
(5)
If an applicant holds a class A or class B dealer’s license or class C exhibitor’s
license issued by the Secretary of Agriculture of the United States under the Animal
Welfare Act (U.S.C. section 2131 et seq.) and its subsequent amendments, a clear
and legible photocopy of the license.
(c) In addition to the items required under subsection (b) of this section, an application for
renewal shall include a statement signed by a veterinarian licensed to practice in the state stating
that the veterinarian:
(1)
Inspected each animal being registered not earlier than the thirtieth (30th) day before
the date of the filing of the renewal application; and
(2)
Finds that the care and treatment of each animal by the owner meets or exceeds the
standards prescribed under this chapter.
Sec. 2.03.043
Denial or revocation
(a) If the town finds that an application for an original or renewal certificate of registration
under this chapter does not meet the requirements specified herein, or after inspection that an
applicant has not complied with this chapter or chapter 822 of the Health and Safety Code, the
town shall deny the applicant a certificate of registration and give the applicant written notice of
the denial and the reasons for the denial.
(b) If the local rabies control authority finds, after inspection, that a registered owner provided
false information in or in connection with the application or has not complied with this chapter,
the local rabies control authority shall revoke the certificate of registration and give the owner
written notice of the revocation and the reasons for the revocation.
(c) A person may appeal the denial of an original or renewal certificate of registration or the
revocation of a certificate of registration to the justice court for the precinct in which the animal is
located or the municipal court in the town in which the animal is located not later than the
fifteenth day after the date the certificate of registration is denied or revoked. Either party may
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appeal the decision of the justice or municipal court to a county court or county court at law in the
county in which the justice or municipal court is located. The decision of the county court or
county court at law may not be appealed.
(d) Filing an appeal of the denial or revocation of a certificate of registration under subsection
(c) of this section stays the denial or revocation until the court rules on the appeal.
Sec. 2.03.044
Effective date
A person is not required to obtain a certificate of registration for a dangerous wild animal
obtained under this chapter before June 1, 2002. (Ordinance 2002-18, sec. 26, adopted 5/6/02;
Code, ch. 2, sec. 1.26)
Sec. 2.03.045
Display
(a) A holder of a certificate of registration shall prominently display the certificate at the
premises where each animal that is the subject of the certificate of registration is kept.
(b) Not later than the tenth (10th) day after the date a person receives a certificate of
registration, the person shall file a clear and legible copy of the certificate of registration with the
department of state health services.
Code, ch. 2, sec. 1.27)
Sec. 2.03.046
Exemptions
The provisions of this chapter relating to dangerous wild animals do not apply to:
(1)
A county, municipality, or agency of the state, or an agency of the United States, or
an agent or official of a county, municipality, or agency acting in an official capacity;
(2)
A research facility, as that term is defined by section 1.012(e), Animal Welfare Act
(7 U.S.C. section 2132), and its subsequent amendments, that is licensed by the
Secretary of Agriculture of the United States under that act;
(3)
An organization that is an accredited member of the American Zoo and Aquarium
Association;
(4)
An injured, infirm, orphaned, or abandoned dangerous wild animal while being
transported for care or treatment;
(5)
An injured, infirm, orphaned, or abandoned dangerous wild animal while being
rehabilitated, treated, or cared for by a licensed veterinarian, an incorporated humane
society or animal shelter, or a person who holds a rehabilitation permit issued under
subchapter C, chapter 43, Parks and Wildlife Code;
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(6)
A dangerous wild animal owned by and in the custody and control of a transient
circus company that is not based in the state if:
(A)
The animal is used as an integral part of the circus performances; and
(B)
The animal is kept within the state only during the time the circus is
performing in the state or for a period not to exceed thirty (30) days while the
circus is performing outside the United States;
(7)
A dangerous wild animal while in the temporary custody or control of a television or
motion picture production company during the filming of a television or motion
picture production;
(8)
A dangerous wild animal owned by and in the possession, custody, or control of a
college or university solely as a mascot for the college or university;
(9)
A dangerous wild animal while being transported in interstate commerce through the
state in compliance with the Animal Welfare Act (7 U.S.C. section 2131 et seq.) and
its subsequent amendments and the regulations adopted under that act;
(10) A non-human primate owned by and in the control and custody of a person whose
only business is supplying non-human primates directly and exclusively to
biomedical research facilities and who holds a class A or class B dealer’s license
issued by the Secretary of Agriculture of the United States under the Animal Welfare
Act (7 U.S.C. section 2131 et seq.) and its subsequent amendments; and
(11) A dangerous wild animal that is:
(A)
Owned by or in the possession, control, or custody of a person who is a
participant in the species survival plan of the American Zoo and Aquarium
Association for that species; and
(B)
An integral part of that species survival plan.
Code, ch. 2, sec. 1.36)
ARTICLE 2.04 ANIMAL SHELTER ADVISORY BOARD
Sec. 2.04.001
Creation; organization
The town council does hereby create an advisory committee for its animal shelter to be named the
“Trophy Club Animal Shelter Advisory Board,” which board shall meet at least three (3) times
annually and shall be comprised of at least one (1) licensed veterinarian, one (1) county or
municipal official, one (1) person whose duties include the daily operation of an animal shelter,
one (1) representative from an animal welfare organization, and two (2) residents from the
community. (Ordinance 2013-19, sec. 2, adopted 8/5/13; Ordinance 2013-37 adopted 10/7/13)
2-30
Sec. 2.04.002
Appointment; terms
The members of the Trophy Club Animal Shelter Advisory Board shall serve at the pleasure of
the town council. Members’ terms shall be staggered as set forth herein, and terms shall expire on
September 30 of the designated year. Places on the board shall be numbered 1 through 6. Places 1
and 2 on the board shall serve for a term of one (1) year each during the implementation of
staggered seats on the board. Places 3 and 4 on the board shall serve for a term of two (2) years
each during the implementation of staggered seats on the board. Places 5 and 6 on the board shall
serve for a term of three (3) years each. Upon expiration of each of implementation terms set
forth above, all six (6) seats shall be appointed to serve on a regular three (3) year term interval.
Implementation of staggered terms shall commence on October 1, 2014, and the board members
shall be appointed in accordance with the town’s handbook for elected and appointed officials.
(Ordinance 2013-19, sec. 3, adopted 8/5/13; Ordinance 2014-24 adopted 8/26/14)
Sec. 2.04.003
Staff liaison
The chief of police or his designee shall serve as a liaison (hereinafter “staff liaison”). The staff
liaison shall be the point of contact for members, and it shall be the responsibility of the staff
liaison to schedule meetings, to post agendas, and to provide information necessary for the
Trophy Club Animal Shelter Advisory Board to perform its duties. (Ordinance 2013-19, sec. 4,
adopted 8/5/13)
Sec. 2.04.004
Duties of board
Duties of the board shall include the making of recommendations to the town council concerning
the town’s animal shelter and the shelter’s compliance with chapter 823 of the Health and Safety
Code, as amended, and all other applicable state and local laws. (Ordinance 2013-19, sec. 5,
adopted 8/5/13)
Sec. 2.04.005
Meetings
All meetings shall be open to the public and shall be held in accordance with the Texas Open
Meetings Act and with the parameters set forth in this article. The staff liaison shall work with the
Trophy Club Animal Shelter Advisory Board to determine appropriate meeting dates and times as
necessary to fulfill all legal obligations, with a minimum of three (3) meetings of the board being
required annually. (Ordinance 2013-19, sec. 6, adopted 8/5/13)
Sec. 2.04.006
Staff liaison duties
The staff liaison shall attend all meetings, shall be responsible for preparation and posting of the
meeting agendas, and shall ensure that minutes are prepared for the board’s review and action.
The staff liaison shall be responsible for ensuring that all clerical support is provided by town
staff. (Ordinance 2013-19, sec. 7, adopted 8/5/13)
2-31
CHAPTER 3
BUILDING REGULATIONS
Sec. 3.01.001
Forms survey ......................................................................................... 3-7
ARTICLE 3.02 BUILDING OFFICIAL ...................................................................................... 3-7
Sec. 3.02.001
Appointment .......................................................................................... 3-7
Sec. 3.02.002
Authority ............................................................................................... 3-7
ARTICLE 3.03 TECHNICAL AND CONSTRUCTION CODES AND STANDARDS............ 3-7
Division 1. Generally................................................................................................................. 3-7
Division 2. Building Code......................................................................................................... 3-8
Sec. 3.03.051
Adoption................................................................................................ 3-8
Sec. 3.03.052
Amendments.......................................................................................... 3-8
Division 3. Residential Code................................................................................................... 3-25
Sec. 3.03.101
Adoption.............................................................................................. 3-25
Sec. 3.03.102
Amendments........................................................................................ 3-25
Division 4. Electrical Code...................................................................................................... 3-38
Sec. 3.03.151
Adoption.............................................................................................. 3-38
Sec. 3.03.152
Amendments........................................................................................ 3-38
Division 5. Mechanical Code .................................................................................................. 3-43
Sec. 3.03.201
Adoption.............................................................................................. 3-43
Sec. 3.03.202
Amendments........................................................................................ 3-43
Division 6. Plumbing Code ..................................................................................................... 3-47
Sec. 3.03.251
Adoption.............................................................................................. 3-47
Sec. 3.03.252
Amendments........................................................................................ 3-48
Division 7. Energy Conservation Code ................................................................................... 3-56
Sec. 3.03.301
Adoption.............................................................................................. 3-56
Sec. 3.03.302
Amendments........................................................................................ 3-56
Division 8. Property Maintenance Code.................................................................................. 3-57
Sec. 3.03.351
Adoption.............................................................................................. 3-57
Sec. 3.03.352
Amendments........................................................................................ 3-57
Division 9. Fuel Gas Code....................................................................................................... 3-58
Sec. 3.03.401
Adoption.............................................................................................. 3-58
Sec. 3.03.402
Amendments........................................................................................ 3-58
Division 10. Fire Code ............................................................................................................ 3-64
Sec. 3.03.451
Adoption.............................................................................................. 3-64
Sec. 3.03.452
Amendments........................................................................................ 3-64
ARTICLE 3.04 JOB SITE MAINTENANCE............................................................................ 3-87
Sec. 3.04.001
Applicability........................................................................................ 3-87
Sec. 3.04.002
Definitions ........................................................................................... 3-87
Sec. 3.04.003
Cleanliness and waste disposal............................................................ 3-87
ARTICLE 3.05 DANGEROUS OR SUBSTANDARD BUILDINGS ...................................... 3-88
Sec. 3.05.001
Definitions ........................................................................................... 3-88
Sec. 3.05.002
Penalty ................................................................................................. 3-89
Sec. 3.05.003
Uniform Code for the Abatement of Dangerous Buildings adopted ... 3-90
3-1
Chapter 3: Building Regulations
Sec. 3.05.004
Sec. 3.05.005
Sec. 3.05.006
Sec. 3.05.007
Sec. 3.05.008
Sec. 3.05.009
Powers of town council ....................................................................... 3-90
Hearing procedures.............................................................................. 3-91
Order of town council.......................................................................... 3-92
Failure to comply with order ............................................................... 3-93
Minimum standards; responsibilities of owner ................................... 3-93
Lien for town’s expenses and civil penalty; civil action to
recover expenses................................................................................ 3-96
ARTICLE 3.06 ROOFING REQUIREMENTS......................................................................... 3-97
Sec. 3.06.001
Definitions ........................................................................................... 3-97
Sec. 3.06.002
Penalty ................................................................................................. 3-97
Sec. 3.06.003
Roof repair permit ............................................................................... 3-97
Sec. 3.06.004
Appeals................................................................................................ 3-97
Sec. 3.06.005
Architectural or laminated shingles required....................................... 3-97
Sec. 3.06.006
Wood shingles and wood shakes prohibited........................................ 3-98
Sec. 3.06.007
Compliance with the building codes ................................................... 3-98
ARTICLE 3.07 SWIMMING POOLS AND SPAS ................................................................... 3-98
Sec. 3.07.001
Definitions ........................................................................................... 3-98
Sec. 3.07.002
Penalty ................................................................................................. 3-99
Sec. 3.07.003
Applicability; prohibitions................................................................. 3-100
Sec. 3.07.004
Exceptions ......................................................................................... 3-100
Sec. 3.07.005
Notice of violation; failure to comply with notice ............................ 3-101
Sec. 3.07.006
Abatement without notice.................................................................. 3-102
Sec. 3.07.007
Appeals.............................................................................................. 3-102
Division 2. Permit
........................................................................................................... 3-103
Sec. 3.07.031
Application ........................................................................................ 3-103
Sec. 3.07.032
Fees.................................................................................................... 3-103
Division 3. Standards............................................................................................................. 3-104
Sec. 3.07.061
Fence requirements............................................................................ 3-104
Sec. 3.07.062
Form survey required ........................................................................ 3-104
Sec. 3.07.063
Inspections......................................................................................... 3-105
Sec. 3.07.064
Lighting ............................................................................................. 3-105
Sec. 3.07.065
Plumbing and electrical work............................................................ 3-105
Sec. 3.07.066
Location of pool ................................................................................ 3-105
Sec. 3.07.067
Draining of pool ................................................................................ 3-106
Sec. 3.07.068
Screening ........................................................................................... 3-106
Sec. 3.07.069
Health and safety standards; clarity of water..................................... 3-106
Sec. 3.07.070
Location of equipment....................................................................... 3-107
ARTICLE 3.08 MOBILE HOMES, MANUFACTURED HOMES, TRAILERS AND
SIMILAR STRUCTURES .................................................................................................... 3-107
Division 1. Generally............................................................................................................. 3-107
Sec. 3.08.001
Definitions ......................................................................................... 3-107
Sec. 3.08.002
Penalty ............................................................................................... 3-108
Division 2. Mobile Homes and Manufactured Homes .......................................................... 3-108
Sec. 3.08.031
Mobile homes restricted .................................................................... 3-108
Sec. 3.08.032
Replacement of mobile homes .......................................................... 3-108
Sec. 3.08.033
Permit required for installation, maintenance or alteration ............... 3-108
Sec. 3.08.034
Application for permit ....................................................................... 3-108
3-2
Division 3. Storage and Occupancy of Trailers, Boats, Commercial Vehicles and .......................
Recreational Vehicles ........................................................................................................ 3-109
Sec. 3.08.071
Boats or trailers tied into utility service; construction trailers........... 3-109
Sec. 3.08.072
Screening or enclosure of commercial vehicles, boats and trailers ... 3-109
Sec. 3.08.073
Recreational vehicles......................................................................... 3-109
Sec. 3.08.074
Presumption that registered owner is responsible for violation......... 3-110
ARTICLE 3.09 SIGNS............................................................................................................. 3-110
Division 1. Generally............................................................................................................. 3-110
Sec. 3.09.001
Definitions ......................................................................................... 3-110
Sec. 3.09.002
Penalty ............................................................................................... 3-117
Sec. 3.09.003
Purpose; applicability ........................................................................ 3-117
Sec. 3.09.004
Measurement of sign height .............................................................. 3-117
Sec. 3.09.005
Conformance with other codes.......................................................... 3-117
Sec. 3.09.006
Permit ................................................................................................ 3-117
Sec. 3.09.007
Signs not requiring permit ................................................................. 3-119
Sec. 3.09.008
Temporary permits ............................................................................ 3-120
Sec. 3.09.009
Nonconforming uses.......................................................................... 3-120
Sec. 3.09.010
Meritorious exceptions and appeals .................................................. 3-121
Sec. 3.09.011
Maintenance ...................................................................................... 3-121
Sec. 3.09.012
Violations .......................................................................................... 3-122
Sec. 3.09.013
Enforcement procedure ..................................................................... 3-122
Sec. 3.09.014
Enforcement remedies ....................................................................... 3-123
Sec. 3.09.015
Prohibited signs ................................................................................. 3-124
Sec. 3.09.016
Traffic safety ..................................................................................... 3-124
Sec. 3.09.017
Illuminated signs ............................................................................... 3-125
Sec. 3.09.018
Miscellaneous types of signs ............................................................. 3-125
Sec. 3.09.019
Billboard signs, CEVMS and electronic message board signs.......... 3-126
Division 2. Temporary Signs................................................................................................. 3-126
Sec. 3.09.061
General regulations............................................................................ 3-126
Sec. 3.09.062
Political signs .................................................................................... 3-127
Sec. 3.09.063
Banner signs ...................................................................................... 3-128
Sec. 3.09.064
Real estate signs ................................................................................ 3-128
Sec. 3.09.065
Special purpose signs ........................................................................ 3-129
Division 3. Commercial and Institutional Signs.................................................................... 3-130
Sec. 3.09.091
General regulations............................................................................ 3-130
Sec. 3.09.092
Table of signage criteria .................................................................... 3-131
ARTICLE 3.10 APARTMENT COMPLEX LICENSING...................................................... 3-133
Sec. 3.10.001
Definitions ......................................................................................... 3-133
Sec. 3.10.002
Penalty ............................................................................................... 3-134
Sec. 3.10.003
License required ................................................................................ 3-134
Sec. 3.10.004
Application for license; expiration; change of ownership or
management..................................................................................... 3-135
Sec. 3.10.005
License fee......................................................................................... 3-136
Sec. 3.10.006
Display of license; replacement license; transfer .............................. 3-136
Sec. 3.10.007
Licensing standards ........................................................................... 3-136
Sec. 3.10.008
Inspections; cancellation of license ................................................... 3-137
Sec. 3.10.009
Appeals.............................................................................................. 3-138
3-3
ARTICLE 3.11 SINGLE-FAMILY RESIDENCE LICENSING............................................. 3-139
Sec. 3.11.001
Definitions ......................................................................................... 3-139
Sec. 3.11.002
Penalty ............................................................................................... 3-140
Sec. 3.11.003
License required ................................................................................ 3-141
Sec. 3.11.004
Application for license; expiration; change of ownership or
management..................................................................................... 3-141
Sec. 3.11.005
License fee......................................................................................... 3-142
Sec. 3.11.006
Display of license; replacement license; transfer .............................. 3-142
Sec. 3.11.007
Licensing standards ........................................................................... 3-142
Sec. 3.11.008
Inspections; cancellation of license ................................................... 3-143
Sec. 3.11.009
Appeals.............................................................................................. 3-144
ARTICLE 3.12 HOTELS ......................................................................................................... 3-145
Sec. 3.12.001
Definitions ......................................................................................... 3-145
Sec. 3.12.002
Penalty ............................................................................................... 3-147
Sec. 3.12.003
Permit ................................................................................................ 3-147
Sec. 3.12.004
Guest registration requirements......................................................... 3-149
Sec. 3.12.005
Standards for premises and equipment.............................................. 3-149
Sec. 3.12.006
Inspections; cancellation of permit.................................................... 3-152
Sec. 3.12.007
Appeals.............................................................................................. 3-154
ARTICLE 3.13 FLOOD DAMAGE PREVENTION .............................................................. 3-155
Sec. 3.13.001
Findings of fact.................................................................................. 3-155
Sec. 3.13.002
Statement of purpose ......................................................................... 3-155
Sec. 3.13.003
Methods of reducing flood losses...................................................... 3-156
Sec. 3.13.004
Definitions ......................................................................................... 3-156
Sec. 3.13.005
General provisions............................................................................. 3-161
Sec. 3.13.006
Administration................................................................................... 3-162
Sec. 3.13.007
Flood hazard reduction standards...................................................... 3-166
Sec. 3.13.008
Violations .......................................................................................... 3-171
ARTICLE 3.14 RUNOFF CONTROL, EROSION CONTROL AND DISCHARGES
TO STORM DRAINAGE SYSTEM .................................................................................... 3-171
Sec. 3.14.001
General provisions............................................................................. 3-171
Sec. 3.14.002
Definitions ......................................................................................... 3-173
Sec. 3.14.003
Penalty ............................................................................................... 3-181
Sec. 3.14.004
Administration and enforcement ....................................................... 3-182
Sec. 3.14.005
Illegal discharges to storm drainage system ...................................... 3-185
Sec. 3.14.006
Nuisances........................................................................................... 3-187
Sec. 3.14.007
Runoff from construction activity ..................................................... 3-188
Sec. 3.14.008
Stormwater pollution prevention and erosion control ....................... 3-190
Sec. 3.14.009
Maintenance of control devices; records ........................................... 3-197
[Next page is 3-7.]
3-4
ARTICLE 3.01 GENERAL PROVISIONS
Sec. 3.01.001
Forms survey
Following the issuance of any permit by the town to construct, erect, place or install any building
or structure or to otherwise improve any property, and prior to the inspection by the town of such
building, structure or property, the owner of such building, structure or property, or the owner’s
duly designated representative, shall submit to the town a forms survey. Such survey shall be
prepared by a registered and licensed professional surveyor, and shall:
(1)
Locate all easements, including underground easements, roads, streets, alleys, and
other rights-of-way or watercourses, and building setback lines and other matters
located on or affecting the property;
(2)
Show all proposed and existing improvements (such as buildings, power lines,
fences, etc.); and
(3)
Show any portion of the property within any floodplain, floodprone or flood
hazardous area and any ponds, creeks, or other watercourses.
(Ordinance 92-04A, sec. I, adopted 8/17/93; 2006 Code, ch. 3, sec. 2.01)
ARTICLE 3.02 BUILDING OFFICIAL
Sec. 3.02.001
Appointment
The town manager or designee may appoint a person to be the building official and/or code
enforcement officer for the town and appoint such other assistants to the building official and/or
code enforcement officer as deemed expedient or necessary. (Ordinance 87-18, sec. II, adopted
8/10/87; 2006 Code, ch. 3, sec. 1.01; Ordinance adopting Code)
Sec. 3.02.002
Authority
The building official and/or code enforcement officer so appointed shall have the power and
authority to enforce the town building, electrical and mechanical codes, the town building code
standards, the town code for the abatement of dangerous structures, the town housing code, and
all other codes, ordinances and regulations of the town which concern building, construction,
housing or other development activities. The building official and/or code enforcement officer
shall have such other authority for administration and enforcement of town ordinances and
regulations as adopted via town ordinance or as otherwise directed by the town manager or
designee. (Ordinance 87-18, sec. II, adopted 8/10/87; 2006 Code, ch. 3, sec. 1.02; Ordinance
adopting Code)
ARTICLE 3.03 TECHNICAL AND CONSTRUCTION CODES AND STANDARDS
Secs. 3.03.001–3.03.050
Reserved
3-7
Division 2. Building Code*
Sec. 3.03.051
Adoption
The 2009 edition of the International Building Code of the International Code Conference, as
hereinafter amended, is from the effective date hereof, hereby adopted as the building code of the
town. One copy of such International Building Code is incorporated herein by reference and shall
have been filed for permanent record and inspection in the office of the town secretary.
(Ordinance 2004-22, sec. III, adopted 8/30/04; 2006 Code, ch. 3, sec. 3.02; Ordinance 2012-27,
sec. 2, ex. A, adopted 12/10/12)
Sec. 3.03.052
Amendments
Amendments to the International Building Code adopted herein are as follows:
(1)
(Page 1, Section 101.4). Section 101.4 is hereby amended as follows:
101.4 Referenced codes. The other codes listed in Section 101.4.1 through 101.4.6
and referenced elsewhere in this code, when specifically adopted, shall be considered
part of the requirements of this code to the prescribed extent of each such reference.
Whenever amendments have been adopted to the referenced codes and standards,
each reference to said code and standard shall be considered to reference the
amendments as well. Any reference to NFPA 70 or the ICC Electrical Code shall
mean the Electrical Code as amended.
(2)
(Page 1, Section 101.4.7). Section 101.4.7; add the following:
101.4.7 Electrical. The provisions of the Electrical Code shall apply to the
installation of electrical systems, including alterations, repairs, replacement,
equipment, appliances, fixtures, fittings and appurtenances thereto.
(3)
(Page 2, Section 103). Section 103 is hereby amended as follows:
103.1 Creation of enforcement agency. The Town of Trophy Club Building
Inspection Division is hereby created and the official in charge thereof shall be
known as the building official.
(4)
105.2 Work exempt from permit. Building:
1.
(delete)
2.
(delete)
4.
(delete)
*
State law references–Building and residential codes, V.T.C.A., Local Government Code, sec. 214.211 et
seq.; International Building Code adopted as municipal commercial building code, V.T.C.A., Local
Government Code, sec. 214.216.
3-8
9.
(5)
(delete)
105.7 Placement of permit. (delete).
(6)
(Page 6, Section 107.3.1). Section 107.3.1 is hereby amended as follows:
107.3.1 Approval of construction documents. When the building official issues a
permit, one set of the construction documents will be retained in the building
inspections office, one set will be retained by the Fire Marshal and one set will be
retained by the Building Inspector.
(7)
(Page 7, Section 109.7). Section 109.7 is hereby added to read as follows:
109.7. Reinspection fee.
A fee as established by town council resolution may be charged when:
1.
The inspection called for is not ready when the inspector arrives;
2.
No building address is clearly posted;
3.
The building is locked or work otherwise not available for inspection when
called;
4.
The job site is red-tagged twice for the same item;
5.
Failure to maintain erosion control.
Any reinspection fees assessed shall be paid before any final inspection approval is
made.
(8)
(Page 7, Section 110.3.5). Section 110.3.5; is hereby amended as follows:
110.3.5 Lath and gypsum board inspection. (delete)
(9)
Section 113; is adopted as set forth in the 2009 International Building Code.
(10) (Page 9, Section 116). Section 116 is hereby amended as follows:
116 Unsafe structures and equipment. (delete)
(11) (Page 11, Section 202).
AMBULATORY HEALTH CARE FACILITY. Buildings or portions thereof used to
provide medical, surgical, psychiatric, nursing or similar care on a less than 24-hour
basis to individuals who are rendered incapable of self-preservation. This group may
include but not be limited to the following:
-
Dialysis centers
3-9
-
Sedation dentistry
-
Surgery centers
-
Colonic centers
-
Psychiatric centers
(12) (Page 24, Section 304.1). Section 304.1 is hereby amended to add the following:
304.1 Business Group B.
Fire Stations
Police Stations (with detention facilities for 5 or less)
(13) (Page 25, Section 307.1). Section 307.1; add the following to Exception 4:
4.
Cleaning establishments... {text unchanged}... with Section 712, or both. See
also IFC chapter 12, Dry Cleaning Plant provisions.
(14) (Page 35, Section 310.1). Section 310.1; amend second paragraph under R-3 as
follows:
Adult care and child care facilities with 5 or fewer unrelated persons that are within a
single-family home are permitted to comply with the International Residential Code.
(15) (Page 40, Section 403.1). Section 403.1 is hereby amended as follows:
403.1 Applicability. The provisions of this section shall apply to buildings having
any occupied floors located more than 55 feet (16764 mm) above the lowest level of
fire department vehicle access.
(16) (Page 40, Section 403.1). Section 403.1, exception #3 is hereby amended as follows:
403.1, Exception #3. Open air portions of buildings with an occupancy in Group A-5
in accordance with Section 303.1
(17) (Page 41, Section 403.2). Section 403.2, exception #2 is hereby amended as follows:
Section 403.2 Automatic sprinkler system. Exception #2 (delete)
(18) (Page 41, Section 403.3). Section 403.3, Exception; delete item 2.
(19) (Page 41, Section 404.1.1). Section 404.1.1 is hereby amended as follows:
404.1.1 Atrium. An opening connecting three or more stories (Balance remains
unchanged).
(20) (Page 43, Section 404.5). Section 404.5; delete Exception.
3-10
406.1.2 Separation. #3 added. A separation is not required between a Group R-2 and
U carport provided that the carport is non-combustible and entirely open on all sides
and that the distance between the two is at least 10 feet (3048 mm)
406.6.1 General. (Add second paragraph)
This occupancy shall include garages involved in minor repair, modification and
servicing of motor vehicles for items such as lube changes, inspections, windshield
repair or replacement, shocks, minor part replacement and other such non-major
repair.
(23) (Page 82, Section 506.2.2). Section 506.2.2 is hereby amended to add a sentence as
follows:
506.2.2 Open space limits. In order to be considered as accessible, if not in direct
contact with a street or fire lane, a minimum 10 foot wide pathway meeting fire
department access from the street or approved fire lane shall be provided.
(24) (Page 85, Section 508.2.5). Section 508.2.5 is hereby amended as follows: Section
508.2.5, add a sentence at the end of paragraph:
508.2.5 Separation of incidental accessory occupancies. The incidental accessory
occupancies listed in Table 508.2.5 shall be separated from the remainder of the
building or equipped with an automatic fire-extinguishing system, or both, in
accordance with Table 508.2.5. An incidental accessory occupancy shall be classified
in accordance with the occupancy of that portion of the building in which it is
located.
{Exception unchanged}
(25) (Page 104, Section 708.2). Section 708.2, Exception 7 amend as follows:
7.1. Does not connect more than two stories.
7.2. Is not part of the required means of egress system except as permitted in
Section 1022.1.
7.3. Is not concealed within the building construction of a wall or a floor/ceiling
assemble.
7.4
Is separated from floor openings and air transfer openings serving other floors
by construction conforming to required shaft enclosures.
7.5
Is limited to the same smoke compartment.
3-11
(26) (Page 111, Section 716.5.2). Section 716.5.2 is hereby amended to add exception #4
to read as follows:
716.5.2 Fire barriers. Exception #4. In the duct penetration of the separation
between the private garage and its residence when constructed in accordance with
Section 406.1.4, exception #2.
(27) (Page 171, Section 901.6.1.1). Section 901.6.1.1 is hereby added as follows:
901.6.1.1 Standpipe testing. Building owners/managers must utilize a licensed fire
protection contractor to test and certify standpipe systems. In addition to the testing
and maintenance requirements of NFPA 25 applying to standpipe systems, the
following additional requirements shall be applied to the testing that is required every
5 years:
1.
The piping between the Fire Department Connection (FDC) and the standpipe
shall be hydrostatically tested for all FDC’s on any type of standpipe system.
Hydrostatic testing shall also be conducted in accordance with NFPA 25
requirements for the different types of standpipe systems.
2.
For any manual (dry or wet) standpipe system not having an automatic water
supply capable of flowing water through the standpipe, the contractor shall
connect hose from a fire hydrant or portable pumping system (as approved by
the fire code official) to each FDC, and flow water through the standpipe
system to the roof outlet to verify that each inlet connection functions properly.
There is no required pressure criteria at the outlet. Verify that check valves
function properly and that there are no closed control valves on the system.
3.
Any pressure relief, reducing, or control valves shall be tested in accordance
with the requirements of NFPA 25.
4.
If the FDC is not already provided with approved caps, the contractor shall
install such caps for all FDC’s. Contact the Fire Marshal for additional
information.
5.
Upon successful completion of standpipe test, the contractor shall place a blue
tag (as per “Texas Administrative Code, Title 28. Insurance, Part I. Texas
Department of Insurance, Chapter 34. State Fire Marshal, Subchapter G. Fire
Sprinkler Rules, 28 TAC section 34.720. Inspection, Test and Maintenance
Service (ITM) Tag”) at the bottom of each standpipe riser in the building. An
example of this tag is located at the end of this SOP. The tag shall be checkmarked as “Fifth Year” for [Type] of ITM, and the note on the back of the tag
shall read “5 Year Standpipe Test” at a minimum.
6.
The contractor shall follow the procedures as required by “Texas
Administrative Code, Title 28. Insurance, Part I. Texas Department of
Insurance, Chapter 34. State Fire Marshal, Subchapter G. Fire Sprinkler Rules,
28 TAC” with regard to Yellow Tags and Red Tags or any deficiencies noted
during the testing, including the required notification of the local Authority
Having Jurisdiction (Fire Marshal).
3-12
7.
Additionally, records of the testing shall be maintained by the owner and
contractor, as required by the State Rules mentioned above and NFPA 25.
8.
Standpipe system tests where water will be flowed external to the building
shall not be conducted during freezing conditions or during the day prior to
expected nighttime freezing conditions.
9.
Contact the Fire Marshal for requests to remove existing fire hose from Class II
and III standpipe systems where employees are not trained in the utilization of
this firefighting equipment. All standpipe hose valves must remain in place and
be provided with an approved cap and chain when approval is given to remove
hose by the fire code official.
(28) (Page 181 Section 901). Section 901.8 is hereby added as follows:
901.7 Systems out of service. Where a required fire protection system is out of
service or in the event of an excessive number of activations, the fire department and
the code official shall be notified immediately and, where required by the code
official, the building shall either be evacuated or an approved fire watch shall be
provided for all occupants left unprotected by the shut down until the fire protection
system has been returned to service.
(29) (Page 184, Section 903.1.1). Section 903.1.1 change to read as follows:
903.1.1 Alternative protection. Alternative automatic fire-extinguishing systems
complying with Section 904 shall be permitted in addition to automatic sprinkler
protection where recognized by the applicable standard, or as approved by the fire
code official.
903.2 Where required. Approved automatic sprinkler systems in new buildings and
structures shall be provided in the locations described in Section 903.2.1 through
903.2.12. Automatic sprinklers shall not be installed in elevator machine rooms,
elevator machine spaces, and elevator hoistways. Storage shall not be allowed within
the elevator machine room. Signage shall be provided at the entry doors to the
elevator machine room indicating “ELEVATOR MACHINERY - NO STORAGE
ALLOWED.”
(31) (Page 186, Section 903.2.8.3). Section 903.2.8.3 is hereby added as follows:
903.2.8.3 Self-service storage facility. An automatic sprinkler system shall be
installed throughout all self-service storage facilities.
Exception: One-story self-service storage facilities that have no interior corridors,
with a one-hour rated fire barrier separation wall installed between every storage
compartment.
3-13
(32) (Page 186, Section 903.2.11.3). Section 903.2.11.3 is hereby amended as follows:
903.2.11.3 Building 35 feet or more in height. An automatic sprinkler system shall
be installed throughout buildings with a floor level, other than penthouses in
compliance with Section 1509 of the International Building Code that is located 35
feet (10668 mm) or more above the lowest level of fire department vehicle access.
Exception:
#1
(delete)
#2
Open parking structures in compliance with Section 406.3 of the International
Building Code.
#3
(delete)
(33) (Page 186, Section 903.2.11). Section 903.2.11 is hereby amended to add 903.2.11.7,
903.2.11.8, and 903.2.11.9 to read as follows:
903.2.11.7 High-piled combustible storage. For any building with a clear height
exceeding 12 feet (4572 mm), see Chapter 23 of the International Fire Code to
determine if those provisions apply.
903.2.11.8 Spray booths and rooms. New and existing spray booths and spraying
rooms shall be protected by an approved automatic fire-extinguishing system in
accordance with IFC Section 1504.
903.2.10.9 Buildings over 6,000 square feet. An automatic sprinkler system shall be
installed throughout all buildings with a building area over 6,000 square feet. For
purposes of this provision, fire walls shall not define separate buildings.
Exceptions:
1.
Open parking garages in compliance with Section 406.3 of the International
Building Code.
(34) (Page 176, Section 903.3.1.1.1). Section 903.3.1.1.1 is hereby amended as follows:
903.3.1.1.1 Exempt locations. When approved by the fire code official, automatic
sprinklers shall not be required in the following rooms or areas where such (bulk of
sections unchanged) because it is damp, of fire-resistance-rated construction or
contains electrical equipment.
1.
Any room where the application of water, or flame and water, constitutes a
serious life or fire hazard.
2.
Any room or space where sprinklers are considered undesirable because of the
nature of the contents, when approved by the code official.
3-14
3.
Generator and transformer rooms, under the direct control of a public utility,
separated from the remainder of the building by walls and floor/ceiling or
roof/ceiling assemblies having a fire-resistance rating of not less than 2 hours.
(35) (Page 187, Section 903.3.1.3). Section 903.3.1.3; add the following:
903.3.1.3 NFPA 13D sprinkler systems. Where allowed, automatic sprinkler system
installed in one- and two-family dwellings and townhouses shall be installed
throughout in accordance with NFPA 13D or in accordance with state law.
(36) (Page 187, Section 903.3.5). Section 903.3.5 is hereby amended to add a second
paragraph as follows:
903.3.5 Water supplies. Water supply as required for such systems shall be provided
in conformance with supply requirements of the respective standards; however, every
fire protection system shall be designed with a 10 psi safety factor.
(37) (Page 188, Section 903.4). Section 903.4 is hereby amended to add a second
paragraph after the exceptions as follows:
903.4 Sprinkler system supervision and alarms. Sprinkler and standpipe system
water-flow detectors shall be provided for each floor tap to the sprinkler system and
shall cause an alarm upon detection of water flow for more than 45 seconds. All
control valves in the sprinkler and standpipe systems except for fire department hose
connection valves shall be electrically supervised to initiate a supervisory signal at
the central station upon tampering.
(38) (Page 188, Section 903.4.2). Section 903.4.2 is hereby amended to add a second and
third paragraph as follows:
903.4.2 Alarms. The alarm device required on the exterior of the building shall be a
weatherproof horn/strobe notification appliance with a minimum 75 candela strobe
rating, installed as close as practicable to the fire department connection.
All automatic sprinkler system monitoring and supervision systems shall include a
sufficient number of audible/visual devices placed throughout the building/structure
so that all occupants are notified in the event of an automatic sprinkler system
activation. The number and placement of the devices shall be approved by the Fire
Marshal.
(39) (Page 188, Section 903.6). Section 903.6 is hereby added as follows:
903.6 Spray booths and rooms. New and existing spray booths and spray rooms
shall be protected by an approved automatic fire-extinguishing system in accordance
with Section 1504.
905.2 Installation standards. Standpipe system shall be installed in accordance with
this section and NFPA 14. Manual dry standpipe systems shall be supervised with a
minimum 10 psig and a maximum of 40 psig air pressure with a high/low alarm.
3-15
(41) (Page 191 Section 905.3.8). Section 905.3.8 is hereby added as follows:
905.3.8 Building area. In buildings exceeding 10,000 square feet in area per story,
Class 1 automatic wet or manual wet standpipes shall be provided where any portion
of the building’s interior area is more than 200 feet (60960 mm) of travel, vertically
and horizontally, from the nearest point of fire department vehicle access.
Exception: Automatic dry and semi-automatic dry standpipes are allowed as
provided for in NFPA 14.
(42) (Page 191, Section 905.4). Section 905.4, item #5 is hereby amended and add item #7
as follows:
905.4 Location of Class I standpipe hose connections. Item #5. Where the roof has
a slope less than four units vertical in 12 units horizontal (33.3-percent slope), each
standpipe shall be provided with a two-way hose connection located either
(remainder of paragraph unchanged)
7.
When required by this Chapter, standpipe connections shall be placed adjacent
to all required exits to the structure and at two hundred feet (200') intervals
along major corridors thereafter.
paragraph after the exception as follows:
905.9 Valve supervision. Sprinkler and standpipe system water-flow detectors shall
be provided for each floor tap to the sprinkler system and shall cause an alarm upon
detection of water flow for more than 45 seconds. All control valves in the sprinkler
and standpipe systems except for fire department hose connection valves shall be
electrically supervised to initiate a supervisory signal at the central station upon
tampering.
(44) (Page 192, Section 906.1). Section 906.1 change exception to item 1 as follows:
Exception: In R-2 occupancies, portable fire extinguishers shall be required only in
locations specified in Items 2. through 6. where each dwelling unit is provided with a
portable fire extinguisher having a minimum rating of 1-A:10-B:C.
(45) (Page 182, Section 907.1). Section 907.1.4 is hereby added as follows:
907.1.4 Design standards. All alarm systems new or replacement shall be
addressable. Alarm systems serving more than 20 smoke detectors shall be analog
addressable.
Exception: Existing systems need not comply unless the total building remodel or
expansion initiated after the effective date of this code, as adopted, exceeds 30% of
the building. When cumulative building remodel or expansion exceeds 50% of the
building must comply within 18 months of permit application.
3-16
907.2.1 Group A. A manual fire alarm system that activates the occupant notification
system in accordance with new Section 907.6 shall be installed in Group A
occupancies having an occupant load of 300 or more persons or more than 100
persons above or below the lowest level of exit discharge. Portions of Group E
occupancies occupied for assembly purposes shall be provided with a fire alarm
system as required for the Group E occupancy. Activation of fire alarm notification
appliances shall:
1.
Cause illumination of the means of egress with light of not less than 1
footcandle (11 lux) at the walking surface level, and
2.
Stop any conflicting or confusing sounds and visual distractions.
{exception unchanged}
907.2.3 Group E. A manual fire alarm system that activates the occupant notification
system in accordance with Section 907.6 shall be installed in Group E educational
occupancies. When automatic sprinkler systems or smoke detectors are installed,
such systems or detectors shall be connected to the building fire alarm system. An
approved smoke detection system shall be installed in Group E day care occupancies.
Unless separated by a minimum of 100' open space, all buildings, whether portable
buildings or the main building, will be considered one building for alarm occupant
load consideration and interconnection of alarm systems.
(48) (Page 192, Section 907.2.3). Section 907.2.3 is hereby amended to change exception
#1 and add exception #1.1 as follows:
907.2.3 Group E. Exception #1. Group E educational and day care occupancies with
an occupant load of less than 50 when provided with an approved automatic sprinkler
system.
Exception #1.1: Residential In-Home day care with not more than 12 children may
use interconnected single station detectors in all habitable rooms. (For care of more
than five children 2-1/2 or less years of age, see Section 907.2.6).
907.2.13 High-rise buildings. Buildings having any floors used for human
occupancy located more than 55 feet (16764 mm) above the lowest level of fire
department vehicle access shall be provided with an automatic smoke detection
system, an emergency voice/alarm communications system, a fire department
communication system in accordance with Sections 907.2.13.1, 907.6.2.2, and
907.2.13.2.
3-17
(50) (Page 199, Section 907.2.13). Section 907.2.13, exception #3 is hereby amended as
follows:
907.2.13 High-rise buildings. Exception #3. Buildings with an occupancy in Group
A-5 in accordance with Section 303.1 of the International Building Code when used
for open air seating; however, this exception does not apply to accessory uses
including but not limited to sky boxes, restaurants and similarly enclosed areas.
(51) (Page 201, Section 907.4.2). Section 907.4.2 is hereby amended to add a second
907.4.2 Manual fire alarm boxes. Manual alarm actuating devices shall be approved
double action type.
(52) (Page 202, Section 907.5.2). Section 907.5.2.6 is hereby added as follows:
907.5.2.6 Type. Manual alarm initiating devices shall be an approved double action
type.
(53) (Page 203, Section 907.7.1). Section 907.7.1.1 is hereby added as follows:
907.7.1.1 Installation. All fire alarm systems shall be installed in such a manner that
a failure of any single initiating device or single open in an initiating circuit
conductor will not interfere with the normal operation of other such devices. All
initiating circuit conductors shall be Class “A” wired with minimum of six feet
separation between supply and return circuit conductors. IDC - Class “A” Style D;
SLC - Class “A” Style 6; NAC - Class “B” Style Y. The IDC from an addressable
device used to monitor the status of a suppression system may be wired Class B,
Style B provided the distance from the addressable device is within 10-feet of the
suppression system device.
(54) (Page 204, Section 907). Section 907; add Section 907.7.4 to read as follows:
907.7.5.2 Communication requirements. All alarm systems, new or replacement,
shall transmit alarm, supervisory and trouble signals descriptively to the approved
central station, remote supervisory station or proprietary supervising station as
defined in NFPA 72, with the correct device designation and location of addressable
device identification. Alarms shall not be permitted to be transmitted as a General
Alarm or Zone condition.
(55) (Page 211, Section 910.1). Section 910.1 exception 2 is hereby amended as follows:
910.1 exception #2. Where areas of buildings are equipped with early suppression
fast-response (ESFR) sprinklers, only manual smoke and heat vents shall be required
within these areas. Automatic smoke and heat vents are prohibited.
3-18
(56) (Page 211, Section 910.2). Section 910.2.3 is hereby added with exceptions and
910.2.4 to read as follows:
910.2.3 Group H. Buildings and portions thereof used as a Group H occupancy as
follows:
1.
In occupancies classified as Group H-2 or H-3, any of which are more than
15,000 square feet (1394 m2) in single floor area.
Exceptions:
1.
Buildings of noncombustible
noncombustible materials.
construction
containing
only
2.
In areas of buildings in Group H used for storing Class 2, 3 and 4 liquid
and solid oxidizers, Class 1 and unclassified detonable organic
peroxides, Class 3 and 4 unstable (reactive) materials, or Class 2 or 3
water-reactive materials as required for a high-hazard commodity
classification.
910.2.4 Exit access travel distance increase. Buildings and portions thereof used as
a Group F-1 or S-1 occupancy where the maximum exit access travel distance is
increased in accordance with Section 1016.3.
(57) (Page 212, Table 910.3). Table 910.3; change the title of the first row of the table
from “Group F-1 and S-1” to include “Group H” and to read as follows:
Group H, F-1 and S-1
(58) (Page 212, Section 910.3.2.2). Section 910.3.2.2 is hereby amended by adding a
second paragraph as follows:
910.3.2.2 Sprinklered buildings. The automatic operating mechanism of the smoke
and heat vents shall operate at a temperature rating at least 100 degrees (F)
(approximately 38 degrees Celsius) greater than the temperature rating of the
sprinklers installed.
(59) (Page 214, Section 912.2).
912.2.3 Hydrant distance. An approved fire hydrant shall be located within 100 feet
of the fire department connection as the fire hose lays.
(60) (Page 214, Section 913). Section 913 is hereby added as follows:
913 Fire pump room.
913.1 General. Where provided, fire pumps shall be installed in a room designed and
constructed in accordance with this section. Section 913 of the International Fire
Code and NFPA 20.
3-19
When located on the ground level at an exterior wall, the fire pump room shall be
provided with an exterior fire department access door that is not less than 3 ft. in
width and 6 ft. - 8 in. in height, regardless of any interior doors that are provided. A
key box shall be provided at this door, as required by Section 506.1 of the
International Fire Code.
Exception: When it is necessary to locate the fire pump room on other levels or not
at an exterior wall, the corridor leading to the fire pump room access from the
exterior of the building shall be provided with equivalent fire resistance as that
required for the pump room, or as approved by the fire code official. Access keys
shall be provided in the key box as required by Section 506.1 of the International Fire
Code.
1004.1.1 Areas without fixed seating. (delete exception)
(62) (Page 222, Section 1007.1). Section 1007.1; add the following Exception 4:
Exception: 4. Buildings regulated under State Law and built in accordance with State
registered plans, including any variances or waivers granted by the State, shall be
deemed to be in compliance with the requirements of Section 1007.
(63) (Page 227, Section 1008.1.9.3). Section 1008.1.9.3 Locks and Latches; add condition
as follows:
1008.1.9.3, Locks and latches. Locks and latches shall... {text unchanged}... any of
the following exists:
{text of conditions 1 through 3 unchanged}
3.1
Where egress doors are used in pairs and positive latching is required,
approved automatic flush bolts shall be permitted to be used, provided that
both leaves achieve positive latching regardless of the closing sequence and the
door leaf having the automatic flush bolts has no doorknobs or surface
mounted hardware.
(64) (Page 228, Section 1008.1.9.4). Section 1008.1.9.4; amend exceptions 3 and 4 as
follows:
Exceptions: {Text of Exceptions 1 and 2 unchanged}
3.
Where a pair of doors serves an occupant load of less than 50 persons in a
Group B, F, M or S occupancy, {remaining text unchanged}
4.
Where a pair of doors serves a Group B, F, M or S occupancy, {remaining text
unchanged}
3-20
(65) (Page 229, 1008.1.9.8). Section 1008.1.9.8; change to read as follows:
1008.1.9.8 Electromagnetically locked egress doors. Doors in the means of egress
that are not otherwise required to have panic hardware in buildings with an
occupancy in Group A, B, E, I-1, I-2, M, R-1 or R-2 and doors to tenant spaces in
Group A, B, E, I-1, I-2, M, R-1 or R-2 shall be permitted to be electromagnetically
locked if equipped with listed hardware that incorporates a built-in switch and meet
the requirements below: {remaining text unchanged}
(66) (Page 240, Section 1015). Section 1015; add new section 1015.7 to read as follows:
1015.7 Electrical rooms. For electrical rooms, special exiting requirements may
apply. Reference the electrical code as adopted.
(67) (Page 240, Section 1016.3). Section 1016; add new section 1016.3 to read as follows:
1016.3. Roof vent increase. In buildings that are one story in height, equipped with
automatic heat and smoke roof vents complying with Section 910 and equipped
throughout with an automatic sprinkler system in accordance with Section 903.3.1.1,
the maximum exit access travel distance shall be 400 feet for occupancies in Group
F-1 or S-1.
(68) (Page 241, Section 1018.1). Section 1018.1 is hereby amended to add exception #5 as
follows:
1018.1 Construction. Exception # 5. In Group B office buildings, corridor walls and
ceilings need not be of fire-resistive construction within office spaces of a single
tenant when the space is equipped with an approved automatic fire alarm system
within the corridor. The actuation of any detector shall activate alarms audible in all
areas served by the corridor.
(69) (Page 242, Section 1018.6). Section 1018.6 amend to read as follows:
1018.6, Corridor continuity. All corridors shall be continuous from the point of
entry to an exit, and shall not be interrupted by intervening rooms.
(70) (Page 244, Section 1022.1). Section 1022.1; add exceptions 8 and 9 to read as
follows:
{previous text unchanged}
8.
In other than occupancy Groups H and I, a maximum of 50 percent of egress
stairways serving one adjacent floor are not required to be enclosed, provided
at least two means of egress are provided from both floors served by the
unenclosed stairways. Any two such interconnected floors shall not be open to
other floors.
9.
In other than occupancy Groups H and I, interior egress stairways serving only
the first and second stories of a building equipped throughout with an
automatic sprinkler system in accordance with Section 903.3.1.1 are not
required to be enclosed, provided at least two means of egress are provided
3-21
from both floors served by the unenclosed stairways. Such interconnected
stories shall not be open to other stories.
1022.9 Smokeproof enclosures and pressurized stairways. In buildings required to
comply with Section 403 or 405, each of the exits of a building that serves a story
where the floor surface is located more than 55 feet (16764 mm) above the lowest
level of fire department vehicle access or more than 30 feet (9,144 mm) below...
(remainder of section unchanged).
(72) (Page 246, Section 1024.1). Section 1024.1; change to read as follows:
1024.1. General. Approved luminous egress path markings delineating the exit path
shall be provided in buildings of Groups A, B, E, I, M, and R-1 having occupied
floors located more than 55 feet (16764 mm) above the lowest level of fire
department vehicle access in accordance with... {Remaining text unchanged}
(73) (Page 248, Section 1026.6). Section 1026.6; amend exception 4 to read as follows:
Exceptions: {Exceptions 1 through 3 unchanged}
3.
Separation from the open-ended corridors of the building... {remaining text
unchanged}
(74) (Page 257, Section 1101.2). Section 1101.2 is hereby amended to add an exception as
follows:
1101.2 Design. Exception: Buildings regulated under State Law and built in
accordance with State registered plans, including any variances or waivers granted by
the State, shall be deemed to be in compliance with the requirements of this Chapter.
(75) (Page 289, Table 1505.1). Table 1505.1 is hereby amended to replace footnote b as
follows:
Footnote b. Non-classified roof coverings shall be permitted on buildings of U
occupancies having not more than 120 sq. ft. of projected roof area. When exceeding
120 sq. ft. of projected roof area, buildings of U occupancies may use non-rated noncombustible roof coverings.
1505.7 Special purpose roofs. (delete)
1507.8 Wood shingles. The installation of wood shingles in new construction is
prohibited.
3-22
1507.9 Wood shakes. The installation of wood shakes in new construction is
prohibited.
(79) (Page 301, Section 1510.1). Section 1510.1; add a sentence to read as follows:
1510.1 General. Materials and methods of applications used for recovering or
replacing an existing roof covering shall comply with the requirements of Chapter 15.
All individual replacement shingles or shakes shall be in compliance with the rating
required by Table 1505.1.
{text of exception unchanged}
1806.1. General. New and reconstructed retaining walls shall be designed, permitted
and constructed in accordance with Table 1, Retaining Wall Requirements (B-687).
2308.4 Application to engineered design. When accepted by the Building Official,
any portion of the section is permitted to apply to buildings that are otherwise outside
the limitations of this section provided that:
1.
The resulting design will comply with the requirements specified in Chapter
16;
2.
The load limitations of various elements of this section are not exceeded; and
3.
The portions of this section which will apply are identified by an engineer in
the construction documents.
(82) (Page 549, Section 2901.1). Section 2901.1 is hereby amended to add a sentence as
follows:
2901.1 Scope. The provisions of this Chapter are meant to work in coordination with
the provisions of Chapter 4 of the International Plumbing Code. Should any conflicts
arise between the two chapters, the Building Official shall determine which provision
applies.
2902.1 Minimum number of fixtures. Plumbing fixtures shall be provided for the
type of occupancy and in the minimum number as follows:
1.
Assembly Occupancies: At least one drinking fountain shall be provided at
each floor level in an approved location.
3-23
Exception: A drinking fountain need not be provided in a drinking or dining
establishment
2.
Groups A, B, F, H, I, M and S Occupancies:
Buildings or portions thereof where persons are employed shall be provided
with at least one water closet for each sex except as provided for in Section
2902.2.
3.
Group E Occupancies: Shall be provided with fixtures as shown in Table
2902.1.
4.
Group R Occupancies: Shall be provided with fixtures as shown in Table
2902.1.
It is recommended, but not required, that the minimum number of fixtures provided
also comply with the number shown in Table 2902.1. Types of occupancies not
shown in Table 2902.1 shall be considered individually by the code official. The
number of occupants shall be determined by this code. Occupancy classification shall
be determined in accordance with Chapter 3.
(84) (Page 551, Section 2902.2). Section 2092.2; change Exception 3 as follows:
3.
Separate facilities shall not be required in mercantile occupancies in which the
maximum occupant load is 100 or less.
(85) (Page 555, Section 3006.1). Section 3006.1; add Section 3006.1 to read as follows
and renumber remaining sections:
3006.1, General. Elevator machine rooms shall be provided.”
{Renumber remaining sections.}
(86) (Page 555, Section 3006.4). Section 3006.4; add a sentence to read as follows and
delete exceptions 1 and 2:
3006.4. Machine rooms and machinery spaces: {text unchanged}... Storage shall
not be allowed within the elevator machine room. Provide approved signage at each
entry door to the elevator machine room stating “Elevator Machinery - No Storage
Allowed.”
(87) (Page 562, Section 3109.1). Section 3109.1; change to read as follows as follows:
3109.1 General. Swimming pools shall comply with the requirements of this section
and other applicable sections of this code as well as also complying with applicable
state laws.
3-24
(88) (Page 607-643, Appendix A through K). Appendix A through K is hereby amended
as follows:
Appendix A through K are for reference only as adopted and amended by other
codes.
(Ordinance 2004-22 sec. IV, adopted 8/30/04; 2006 Code, ch. 3, sec. 3.03; Ordinance 2012-27,
sec. 2, ex. A, adopted 12/10/12; Ordinance adopting Code)
Secs. 3.03.053–3.03.100
Reserved
Division 3. Residential Code*
Sec. 3.03.101
Adoption
The 2009 edition of the International Residential Code of the International Code Council, as
hereinafter amended, is from the effective date hereof, hereby adopted as the residential code of
the town. One copy of such International Residential Code is incorporated herein by reference
and shall have been filed for permanent record and inspection in the office of the town secretary.
Sec. 3.03.102
Amendments
Amendments to the International Residential Code adopted herein are as follows:
(1)
(Page 1, Section R102.4). Section R102.4 is hereby amended as follows:
R102.4 Referenced codes and standards. The codes, when specifically adopted,
and standards referenced in this code shall be considered part of the requirements of
this code to the prescribed extent of each such reference. Whenever amendments
have been adopted to the referenced codes and standards, each reference to said code
and standard shall be considered to reference the amendments as well. Any reference
made to NFPA 70 or the Electrical Code shall mean the Electrical Code as adopted.
Where differences occur (remainder of section unchanged).
(2)
R105.2 Work exempt from permit. Building items #1, #2, #3, #5, #7 and 9.
(3)
R105.7 Placement of permit. (delete)
*
State law references–International Residential Code adopted as a municipal residential building code,
V.T.C.A., Local Government Code, sec. 214.212; building and residential codes, V.T.C.A., Local
Government Code, sec. 214.211 et seq.; Texas Residential Construction Commission Act, V.T.C.A.,
Property Code, ch. 401 et seq.
3-25
(4)
(Page 6, Section 108.7). Section 108.7; add Section 108.7 to read as follows:
108.7 Reinspection fee. A fee as established by town council resolution may be
charged when:
(5)
1.
The inspection called for is not ready when the inspector arrives;
2.
No building address is clearly posted;
3.
The building is locked or work otherwise not available for inspection when
called;
4.
The job site is red-tagged twice for the same item;
5.
Violations exist on the property including failure to maintain erosion control or
trash control.
(Page 6, Section R109.1.3). Section R109.1.3 is hereby amended as follows:
R109.1.3 Floodplain inspections. For construction permitted in areas prone to
flooding as established by Table R301.2(1), upon (bulk of section unchanged)
construction, the building official may require submission (remainder of section
unchanged).
(6)
(Page 7, Section R110). Section R110 is hereby amended as follows:
R110 Certificate of occupancy. (delete)
(7)
Section 112R is adopted as set forth in the 2009 International Residential Code.
(8)
(Page 9, Section R202). Section R202 is hereby amended to change the definition of
Glazing Area as follows:
Glazing area. Total area of the glazed fenestration measured using the rough
opening and including sash, curbing or other framing elements that enclose
conditioned space. Glazing area includes the area of glazed fenestration assemblies in
walls bounding conditioned basements. For doors where the daylight opening area.
For all other doors, the glazing area is the rough opening area for the door including
the door and the frame.
(9)
(Page 9, Chapter R202). Chapter 202 is hereby amended to change the definition of
“Townhouse” as follows:
Townhouse. A single-family dwelling unit constructed in a group of attached units
separated by property lines in which each unit extends from foundation to roof and
with open space on at least two sides.
3-26
(10) (Page 24, Table R301.2(1)). Table R301.2(1) is hereby amended as follows:
Climatic and Geographic Design Criteria
GROUND SNOW LOAD
SPEEDd
(mph)
90
5
a
Weathering
WINTER
DESIGN
TEMPe
SEISMIC DESIGN
CATEGORYf
WIND DESIGN
Topographic
Effectsk
SUBJECT TO DAMAGE FROM
Frost line depthb
12
ICE BARRIER
UNDERLAYMENT
REQUIREDh
FLOOD
HAZARDSg
AIR
FREEZING
INDEXi
Termitec
VH
MEAN
ANNUAL
TEMPj
{No change to footnotes}
(11) (Page 49, Section R302.1). Section R302.1 is hereby amended to add exception #6 as
follows:
Exception #6: Open metal carport structures may be constructed within zero (0) feet
of the property line without fire-resistive or opening protection when the location of
such is approved as required by other adopted ordinances.
(12) (Page 49, Section R302.2). Section R302.2, Exception; change to read as follows:
Exception: A common two-hour fire-resistance-rated wall assembly, or one-hour
fire-resistance-rated wall assembly when equipped with a sprinkler system...
{remainder unchanged}
(13) (Page 50, Section R302.2.4). Section R302.2.4, Exception #5, change to read as
follows:
Exception: {previous exceptions unchanged}
5.
Townhouses separated by a common two-hour fire-resistance-rated wall, or
one-hour fire resistant rated wall when equipped with an automatic sprinkler
system, {remainder unchanged}
(14) (Page 50, Section R302.3). Section R302.3; add Exception #3 to read as follows:
Exceptions:
1.
{existing text unchanged}
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2.
3.
Two-family dwelling units that are also divided by a property line through the
structure shall be separated as required for townhouses.
(15) (Page 51, Section R302.5.2). Section R302.5.2; change to read as follows:
R302.5.2 Duct penetration. Ducts in the garage... {text unchanged}... and shall have
no openings into the garage and shall be protected as required by Section 302.11,
Item 4.
(16) (Page 51, Section R302.5.3). Section R302.5.3; amend the section as follows:
R302.5.3 Other penetrations. Penetrations through the separation required in
Section R302.6 shall be protected as required by Section R302.11, Item 4.
(17) (Page 51, Section R302.7). Section R302.7 is hereby amended as follows:
R302.7 Under stair protection. Enclosed accessible space under stairs shall have
walls, under stair surface and any soffits protected on the enclosed side with 5/8-inch
(15.8 mm) fire-rated gypsum board or one-hour fire-resistive construction.
(18) (Page 53, Section R303.3). Section R303.3 is hereby amended to change wording of
exception and add #1 and #2 as follows:
Exceptions: The glazed areas shall not be required where artificial light and a
mechanical ventilation system, complying with one of the following, are provided.
1.
The minimum ventilation rates shall be 50 cfm (23.6 L/s) for intermittent
ventilation or 20 cfm (9.4 L/s) for continuous ventilation. Ventilation air from
the space shall be exhausted directly to the outside.
2.
Bathrooms that contain only a water closet, lavatory or combination thereof
may be ventilated with an approved mechanical recirculating fan or similar
device designed to remove odors from the air.
R303.8 Required heating. Every dwelling unit shall be provided with heating
facilities capable of maintaining a minimum room temperature of 68° (20°) at a point
3 feet (914 mm) above the floor and 2 feet (610 mm) from exterior walls in all
habitable rooms at the design temperature (balance unchanged).
(20) (Page 58, Section R317.1). Section R317.1 is hereby amended to add a third
exception as follows:
R317.1 Dwelling unit separation.
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Exception:
3.
Two-family dwelling units that are also divided by a property line through the
structure shall be separated as required for townhouses.
R324.1 General. Buildings and structures, when permitted to be constructed in flood
hazard areas (including A or V Zones) as established in Table R301.2(1) shall be
designed and constructed as required in accordance with the provisions contained in
this section or by other local provisions as applicable.
(22) (Page 155, Section R602.6.1). Section R602.6.1; amend the following as read:
R602.6.1 Drilling and notching of top plate. When piping or ductwork is placed in
or partly in an exterior wall or interior load-bearing wall, necessitating cutting,
drilling or notching of the top plate by more than 50 percent of its width, a galvanized
metal tie not less than 0.054 inch thick (1.37 mm) (16 Ga) and 5 inches (127 mm)
wide shall be fastened across and to the plate at each side of the opening with not less
than eight 10d (0.148 inch diameter) having a minimum length of 1-1/2 inches (38
mm) at each side or equivalent. Fasteners will be offset to prevent splitting of the top
plate material. The metal tie must extend a minimum of 6 inches past the opening.
See figure R602.6.1.
(23) (Page 157, Figure 602.6.1). Figure 602.6.1; Replace with the following figure:
3-29
(24) (Page 369, Section R703.7.4.1). Section R703.7.4.1 is hereby amended to add a
second paragraph as follows:
R703.7.4.1 For 2.67 square feet (0.248m2) of wall area, the following dimensions
shall be adhered to:
1.
When ties are placed on studs 16 in (407 mm) o.c., they shall be spaced no
further apart than 24 in (737 mm) vertically starting approximately 12 in (381
mm) from the foundation.
2.
When ties are placed on studs 24 in (610 mm) o.c., they shall be spaced no
further apart than 16 in (483 mm) vertically starting approximately 8 in (254
mm) from the foundation.
(25) (Page 433, Section R902.3). Section R902.3 is hereby added as follows:
R902.3 Minimum roof class. All roof coverings shall be a minimum Class C. All
individual replacement shingles or shakes shall be a minimum Class C.
Exception: Non-classified roof coverings shall be permitted on buildings of U
occupancies having not more than 120 sq. ft. of projected roof area. When exceeding
120 sq. ft. of projected roof area, buildings of U occupancies may use non-rated noncombustible coverings.
R905.7 Wood shingles. The installation of wood shingles in new construction is
prohibited.
R905.8 Wood shakes. The installation of wood shakes in new construction is
prohibited.
(28) (Page 443, Section R907.1). Section R907.1 is hereby amended to add a sentence as
follows:
R907.1 General. All individual replacement shingles or shakes shall comply with
Section R902.1.
(29) (Page 468, Section N1102.1). Section N1102.1 is hereby changed to read as follows:
N1102.1 Insulation and fenestration criteria. The building thermal envelope shall
meet the requirements of Table N1102.1 based on the climate zone specified in Table
N1101.2. The use of Tables N1102.1 and N1102.1.2 are limited to a maximum
glazing area of 15% window area to floor area ratio.
3-30
(30) (Page 470, Section N1102.2.12). Section N1102.2.12 is hereby added as follows:
N1102.2.12. Insulation installed in walls. Insulation batts installed in walls shall be
totally surrounded by an enclosure on all sides consisting of framing lumber,
gypsum, sheathing, wood structural panel sheathing or other equivalent material
approved by the building official.
(31) (Page 470, Section N1102.3.5). Section N1102.3.5 is hereby amended as follows:
N1102.3.5 Thermally isolated sunroom U-factor. New windows and doors
separating the sunroom from conditioned space shall meet the building thermal
envelope requirements.
(32) (Page 477, Section M1305.1.3). Section M1305.1.3 is hereby amended as follows:
M1305.1.3 Appliances in attics. Attics containing appliances requiring access shall
be provided (bulk of paragraph unchanged) side of the appliance where access is
required. The clear access opening dimensions shall be a minimum of 20 inches by
30 inches (508 mm by 762 mm), or larger where such dimensions are not large
enough to allow removal of the largest appliance. As a minimum, access to the attic
space, provided one of the following:
1.
A permanent stair.
2.
A pull down stair with a 300 lb (136 kg) capacity.
3.
An access door from an upper floor level.
4.
Access Panel may be used in lieu items 1, 2, and 3 with approval of the code
official due to building conditions.
{Exceptions remain unchanged}
(33) (Page 478, Section M1305.1.4.1). Section M1305.1.4.1 is hereby amended to add an
M1305.1.4.1 Ground clearance. Equipment and appliances supported from the
ground shall be level and firmly supported on a concrete slab or other approved
material extending above the adjoining grade a minimum of 3 inches (76 mm).
Appliances suspended from the floor shall have a clearance of not less than 6 inches
(152 mm) above the ground.
(34) (Page 478, Section M1305.1.4.3). Section M1305.1.4.3 is hereby amended to change
wording in first sentence and to add a sentence as follows:
M1305.1.4.3 Electrical requirements. (Bulk of first sentence unchanged) in
accordance with Article 210.70(A)(3) 2005 NEC. Low voltage wiring of 50 volts or
less shall be installed in a manner to prevent physical damage.
3-31
(35) (Page 481, Section M1307.3.). Section M1307.3 is hereby amended to add an
M1307.3 Elevation of ignition source.
Exception: Elevation of the ignition source is not required for water heaters that are
listed as flammable vapor resistant and for installation without elevation.
(36) (Page 481, Section M1307.3.1). Section M1307.3.1 is hereby amended as follows:
M1307.3.1 Protection from impact. (delete)
(37) (Page 487, Section M1501). Section M1501: add new Section M1501.2 to read as
follows:
M1501.2 Exhaust duct size. The minimum diameter of the exhaust duct shall be as
recommend by the manufacturer, shall be at least the diameter of the appliance outlet
and shall be a minimum nominal size of 4 inches (102 mm) in diameter. The size of
duct shall not be reduced along its developed length nor at the point of termination.
(38) (Page 487, Section M1501). Section M1501; add new Section M1501.3 to read as
follows:
M1501.3 Specified length. The maximum length of the exhaust duct shall be 35 feet
(10668 mm) from the connection to the transition duct from the appliance to the
outlet terminal. Where fittings are used, the maximum length of the exhaust duct
shall be reduced in accordance with Table M1502.4.4.1.
(39) (Page 503, Section M2005.2). Section M2005.2 is hereby amended as follows:
M2005.2 Prohibited locations. Fuel-fired water heaters shall not be installed in a
room used as a storage closet. Water heaters located in a bedroom or bathroom shall
be installed in a sealed enclosure so that combustion air will not be taken from the
living space. Access to such enclosure may be from the bedroom or bathroom when
through a solid door, weather-stripped in accordance with the exterior door air
leakage requirements of the International Energy Conservation Code and equipped
with an approved self-closing device. Installation of direct vent water heaters within
an enclosure is not required.
(40) (Page 523, Section G2407.10). Section G2407.10 is hereby amended as follows:
G2407.10 (304.10) Louvers and grilles. The required size of openings for
combustion, ventilation and dilution air shall be based on the net free area of each
opening. Where the free area through a design of louver, grille or screen is known, it
shall be used in calculating the size opening required to provide the free area
specified. Where the design and free area of louvers and grilles are not known, it
shall be assumed that wood louvers will have 25-percent free area and metal louvers
and grilles will have 50-percent free area. Screens shall have a mesh size not smaller
than 1/4 inch (6.4 mm). Nonmotorized louvers and grilles shall be fixed in the open
position. Motorized louvers shall be interlocked with the appliance so that they are
proven to be in the full open position prior to main burner ignition and during main
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burner operation. Means shall be provided to prevent the main burner from igniting if
the louvers fail to open during burner start-up and to shut down the main burner if the
louvers close during operation.
(41) (Page 523, Section G2407.11). Section G2407.11 is hereby amended to change
wording of exception #8 as follows:
G2407.11 Exception #8.
Combustion air intake openings located on the exterior of a building shall have the
lowest side of such openings located not less than 12 inches (305 mm) vertically
from the adjoining grade level or the manufacturer’s recommendation, whichever is
more stringent.
G2408.3 Private garages. (delete)
(43) (Page 528, Section G2412.5). Section G2412.5 is hereby amended to add a second
G2412.5 Identification. Both ends of each section of medium pressure gas piping
shall identify its operating gas pressure with an approved tag. The tags are to be
composed of aluminum or stainless steel and the following wording shall be stamped
in the tag:
“WARNING
1/2 to 5 psi gas pressure
DO NOT REMOVE”
(44) (Page 528, Section G2413.3). Section G2413.3 is hereby amended to add exception
as follows:
G2413.3 Sizing. Exception: Corrugated stainless steel tubing (CSST) shall be a
minimum of 1/2" (18 EDH).
G2415.10 (404.10) Minimum burial depth. Underground piping systems shall be
installed a minimum depth of 18 inches (458 mm) below grade.
(46) (Page 553, Section G2415.10.1). Section G2415.10.1 is hereby amended as follows:
G2415.10.1 Individual outside appliances. (delete)
(47) (Page 554, G2417.1). Section G2417.1 is hereby amended as follows:
G2417.1 (406.1) General. Prior to acceptance and initial operation, all piping
installations shall be inspected and pressure tested to determine that the materials,
design, fabrication, and installation practices comply with the requirements of this
code. The permit holder shall make the applicable tests prescribed in Sections
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2417.1.1 through 2417.1.4 to determine compliance with the provisions of this code.
The permit holder shall give reasonable advance notice to the code official when the
piping system is ready for testing. The equipment, material, power and labor
necessary for the inspections and test shall be furnished by the permit holder and the
permit holder shall be responsible for determining that the work will withstand the
test pressure prescribed in the following tests.
G2417.4 (406.4) Test pressure measurement. Test pressure shall be measured with
a monometer or with a pressure-measuring device designed and calibrated to read,
record, or indicate a pressure loss caused by leakage during the pressure test period.
The source of pressure shall be isolated before the pressure tests are made.
G2417.4.1 (406.4.1) Test pressure. The test pressure to be used shall be not less than
3 psig (20 kPa gauge), or at the discretion of the Code Official, the piping and valves
may be tested at a pressure of at least six (6) inches (152 mm) of mercury, measured
with a manometer or slope gauge. For tests requiring a pressure of 3 psig, gauges
shall utilize a dial with a minimum diameter of three and one-half inches (3-1/2"), a
set hand, 1/10 pound incrementation and pressure range not to exceed 6 psi for tests
requiring a pressure of 3 psig. For tests requiring a pressure of 10 psig, diaphragm
gauges shall utilize a dial with a minimum diameter of three and one-half inches (31/2"), a set hand, a minimum of 2/10 pound incrementation and a pressure range not
to exceed 20 psi. For welded piping, and for piping carrying gas at pressures in
excess of fourteen (14) inches water column pressure (3.48 kPa) (1/2 psi) and less
than 200 inches of water column pressure (52.2 kPa) (7.5 psi), the test pressure shall
not be less than ten (10) pounds per square inch (69.6 kPa). For piping carrying gas at
a pressure that exceeds 200 inches of water column (52.2 kPa) (7.5 psi), the test
pressure shall be not less than one and one-half times the proposed maximum
working pressure.
G2417.4.2 (406.4.2) Test duration. The test duration shall be held for a length of
time satisfactory to the Code Official, but in no case for less than (15) minutes. For
welded piping, and for piping carrying gas at pressures in excess of fourteen (14)
inches water column pressure (3.48 kPa), the test duration shall be held for a length
of time satisfactory to the Code Official, but in no case for less than thirty (30)
minutes.
(51) (Page 556, Section G2420.1.4). Section G2420.1.4 is hereby added as follows:
G2420.1.4 Valves in CSST installations. Shutoff valves installed with corrugated
stainless steel (CSST) piping systems shall be supported with an approved
termination fitting, or equivalent support, suitable for the size of the valves, of
adequate strength and quality, and located at intervals so as to prevent or damp out
excessive vibration but in no case greater than 12-inches from the center of the valve.
Supports shall be installed so as not to interfere with the free expansion and
contraction of the system’s piping, fittings, and valves between anchors. All valves
3-34
and supports shall be designed and installed so they will not be disengaged by
movement of the supporting piping.
(52) (Page 556, Section G2421.1). Section G2421.1 is hereby amended to add a second
paragraph and exception as follows:
G2421.1 Pressure regulators. Access to regulators shall comply with the
requirements for access to appliances as specified in Section M1305.
Exception: A passageway or level service space is not required when the regulator is
capable of being serviced and removed through the required attic opening.
(53) (Page 582, Section G2439.5). Section G2439.5 is hereby amended to add a sentence
as follows:
G2439.5 The size of duct shall not be reduced along its developed length nor at the
point of termination.
G2445.2 (621.2) Prohibited use. One or more unvented room heaters shall not be
used as the sole source of comfort heating in a dwelling unit.
Exception: Existing approved unvented heaters may continue to be used in dwelling
units, in accordance with the code provisions in effect when installed, when approved
by the Code Official unless an unsafe condition is determined to exist as described in
International Fuel Gas Code Section 108.7.
G2448.1.1 (624.1.1) Installation requirements. The requirements for water heaters
relative to access, sizing, relief valves, drain pans and scald protection shall be in
accordance with this code.
(56) (Page 589, Section P2503.4). Section P2503.4 is hereby amended as follows:
P2503.4 Building sewer testing. The building sewer shall be tested (bulk of section
unchanged) testing with not less than a 4-foot (1220 mm) head of water and be able
to maintain such pressure for 15 minutes.
(57) (Page 589, Section P2503.5.1). Section P2503.5.1 is hereby amended to change
dimension noted in item #1 and add a second paragraph to item #1 as follows:
P2503.5.1 Item #1. Water test. Each section shall be filled with water to a point not
less than 4 feet (1220 mm) above the highest (remainder of paragraph unchanged)
(58) (Page 591, Section P2603.2.1). Section P2603.2.1 is hereby amended as follows:
P2603.2.1 Protection against physical damage. In concealed locations (bulk of
section unchanged) Protective shield plates shall be a minimum of .062-inch-thick
3-35
(1.6 mm) steel, and shall cover the areas of the pipe where the member is notched or
bored.
P2603.6.1 Sewer depth. Building sewers shall be a minimum of 12 inches (304 mm)
below grade.
(60) (Page 597 Section P2709.2). Section P2709.2 is hereby amended to add an exception
as follows:
P2709.2 Construction.
Exception: Showers designed to comply with ICC/ANSI A117.1.
(61) (Page 598 Section P2709.5). Section P2709.5 is hereby added as follows:
P2709.5 Testing. Shower receptors shall be tested for watertightness by filling with
water to the level of the rough threshold. The drain shall be plugged in a manner so
that both sides of pans shall be subjected to the test at the point where it is clamped to
the drain.
P2717.2 Sink, dishwasher and food grinder. The combined discharge from a sink
dishwasher, and waste grinder is permitted to discharge through a single 1.5 inch (38
mm) trap. The discharge pipe from the dishwasher shall be increased to a minimum
of 0.75 inch (19.1 mm) in diameter and shall connect with a wye fitting between the
discharge of the food-waste grinder and the trap inlet or to the head of the food
grinder. Dishwashing equipment shall discharge to the drainage system through by an
approved air gap fitting.
(63) (Page 601, Section P2801.5.2). Section P2801.5.2 is hereby amended to add a second
P2801.5.2 Pan drain termination. For water heaters installed in garages, the pan
drain may terminate to the garage floor that is sloped to drain to the outside.
(64) (Page 601, Section P2801.6). Section P2801.6 is hereby amended to add two
exceptions as follows:
Exception:
1.
Elevation of the ignition source is not required for water heaters that are listed
as flammable vapor resistant and for installation without elevation.
2.
Electric water heater
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P2905.5.3 Lawn irrigation systems. The potable water supply system to lawn
irrigation systems shall be protected against backflow by an atmospheric-type
vacuum breaker, a pressure type vacuum breaker, a double-check assembly or a
reduced pressure principle backflow preventer (remainder of section unchanged)
P3005.2.6 Upper terminal. Each horizontal drain shall be provided with a cleanout
at its upper terminal.
Exception: Cleanouts may be omitted on a horizontal drain less than five (5) feet
(1524 mm) in length unless such line is serving sinks or urinals.
(67) (Page 637, Section P3111). Section P3111 is hereby amended as follows:
P3111 Combination waste and vent system. (delete)
P3112.2 Installation. Traps for island sinks and similar equipment shall be roughed
in above the floor and may be vented by extending the vent as high as possible, but
not less than the drainboard height and then returning it downward and connecting it
to the horizontal sink drain immediately downstream from the vertical fixture drain.
The return vent shall be connected to the horizontal drain through a wye-branch
fitting and shall, in addition, be provided with a foot vent taken off the vertical fixture
vent by means of a wye-branch immediately below the floor and extending to the
nearest partition and then through the roof to the open air or may be connected to
other vents at a point not less than six (6) inches (152 mm) above the flood level rim
of the fixtures served. Drainage fittings shall be used on all parts of the vent below
the floor level and a minimum slope of one-quarter (1/4) inch per foot (20.9 mm/m)
back to the drain shall be maintained. The return bend used under the drainboard
shall be a one (1) piece fitting or an assembly of a forty-five (45) degree (0.79
radius), a ninety (90) degree (1.6 radius) and a forty-five (45) degree (0.79 radius)
elbow in the order named. Pipe sizing shall be as elsewhere required in this Code.
The island sink drain, upstream of the return vent, shall serve no other fixtures. An
accessible cleanout shall be installed in the vertical portion of the foot vent.
(69) (Page 645, Part VIII - Electrical). Part VIII - Electrical (Chapters 34 through 43) is
hereby amended as follows:
(Delete), code reference shall be according to 2011 edition of National Electrical
Code as adopted.
3-37
(70) (Page 749, Appendix A through Q). Appendix A through Q is hereby amended as
follows:
Appendix A through Q are for reference only as adopted and amended by other
codes.
(Ordinance 2004-23, sec. IV, adopted 8/30/04; 2006 Code, ch. 3, sec. 4.02; Ordinance 2012-28,
sec. 2, ex. A, adopted 12/10/12; Ordinance adopting Code)
Secs. 3.03.103–3.03.150
Reserved
Division 4. Electrical Code*
Sec. 3.03.151
Adoption
The 2011 edition of the National Electrical Code of the National Fire Protection Association, as
hereinafter amended, is from the effective date hereof, hereby adopted as the electrical code of
the town. One copy of such National Electrical Code is incorporated herein by reference and shall
Sec. 3.03.152
Amendments
Amendments to the National Electrical Code adopted herein are as follows:
(1)
(Page 26, Article 100). Article 100, Part I; amend the following definition:
Intersystem Bonding Termination. A device that provides a means for connecting
bonding conductors for communication systems and other systems such as metallic
gas piping systems to the grounding electrode system.
(2)
(Page 34, Article 110.2). Article 110.2; change the following to read as follows:
110.2. The conductors and equipment required or permitted by this Code shall be
acceptable only if approved. Approval of equipment may be evident by listing and
labeling of equipment by a Nationally Recognized Testing Lab (NRTL) with a
certification mark of that laboratory or a qualified third party inspection agency
approved by the AHJ.
Exception: Unlisted equipment that is relocated to another location within a
jurisdiction or is field modified is subject to the approval by the AHJ. This approval
may be by a field evaluation by a NRTL or qualified third party inspection agency
approved by the AHJ.
Manufacturer’s self-certification of any equipment shall not be used as a basis for
approval by the AHJ.
*
State law references–National Electrical Code adopted as municipal residential and commercial
electrical code, V.T.C.A., Local Government Code, sec. 214.214; Texas Electrical Safety and Licensing
Act, V.T.C.A., Occupations Code, ch. 1305.
3-38
Informational Note: See 90.7, Examination of Equipment for Safety, and 110.3,
Examination, Identification, Installation, and Use of Equipment. See definitions of
Approved, Identified, Labeled, and Listed.
(3)
(Page 78, Article 230.2(A)). Article 230.2(A) is hereby amended to add a sixth
Special Condition as follows:
230.2 Number of services. (A) #6. In supplying electrical service to multifamily
dwellings, two or more laterals or overhead service drops shall be permitted to a
building when both of the following conditions are met:
(4)
a.
The building has six or more individual gang meters and all meters are grouped
at the same location.
b.
Each lateral or overhead service drop originates from the same point of service.
(Page 84, Article 230.71(A)). Article 230.71(A) is hereby amended to add an
230.71 Maximum number of disconnects.
Exception: Multi-occupant Buildings. Individual service disconnecting means is
limited to six for each occupant. The number of individual disconnects at one
location may exceed six.
(5)
(Page 98, Article 240.91). Article 240.91; delete the Article.
(6)
(Page 111, Article 250.52). Article 250.52 is hereby amended to add a paragraph as
follows:
250.52 Grounding electrodes. (A) Electrodes Permitted for Grounding. Where a
metal underground water pipe, as described in item (a), is not present, a method of
grounding as specified in (b) through (d) below shall be used.
(7)
(Page 141, Article 300.11). Article 300.11; add the following exception:
Exception: Ceiling grid support wires may be used for structural supports when the
associated wiring is located in that area, not more than two raceways or cables
supported per wire, with a maximum nominal metric designation 16 (trade size 1/2").
(8)
(Page 141, Article 300.11(A)(1)). Article 300.11(A)(1) is hereby amended as
follows:
300.11 Securing and supporting.
(A)
Secured in Place.
(1)
Fire-Rated Assemblies. Wiring located within the cavity of a fire-rated
floor-ceiling or roof-ceiling assembly shall not be secured to, or
supported by, the ceiling assembly, including the ceiling support wires
3-39
unless tested as part of a fire-rated assembly. An independent means of
secure support (text unchanged) are part of the fire-rated design.
(delete exception)
(9)
(Page 141, Article 300.11(A)(2)). Article 300.11(A)(2) is hereby amended as
follows:
300.11 Securing and supporting.
(A)
Secured in Place.
(2)
Non-Fire-Rated Assemblies. Wiring located within the cavity of a nonfire-rated floor-ceiling or roof-ceiling assembly shall not be secured to,
or supported by, the ceiling assembly, including the ceiling support wires
unless authorized by, and installed in accordance with, the ceiling system
manufacturer’s instructions. An independent means of secure support
shall be provided.
(delete existing exception)
Add exception: From the last point of independent support or base for connections
within an accessible ceiling to luminaries(s) (lighting fixture(s)) or equipment, branch
circuit or fixture whip wiring shall be allowed to be supported by the ceiling support
wires.
(10) (Page 153, Article 310.15(B)(7)). Article 310.15(B)(7) is hereby amended as follows:
310.15(B)(7) 120/240-volt, 3 wire, single-phase dwelling services and feeders. For
dwelling units, conductors, as listed in Table 310.15(B)(7), shall be (text unchanged)
conductors. The grounded conductor shall be permitted to be smaller than the
ungrounded conductors, provided the requirements of Section 215.2, 220.61 and
230.42 are met. This Section shall not be used in conjunction with Section 220.82.
(11) (Page 196, Article 334.10). Article 334.10 is hereby amended as follows:
334.10 Uses permitted. Type NM, Type NMC, and Type NMS cables shall be
permitted to be used in the following:
(1)
One-and two-family dwellings.
(2)
In any multifamily dwelling not exceeding three floors above grade.
Exception: An additional level shall be permitted in multifamily dwellings
where the entire structure is protected throughout by an approved automatic
sprinkler system.
(3)
Other structures not exceeding 3 stories in height.
Note: In paragraph, 2 and 3 above: For the purpose of this article, the first floor of a
building shall be that floor that has 50 percent or more of the exterior wall surface
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area level with or above finished grade. One additional level that is the first level and
not designed for human habitation and used only for vehicle parking, storage, or
similar use shall be permitted.
(12) (Page 196, Article 334.12(A)). Article 334.12(A) is hereby amended to add an
eleventh restriction as follows:
334.12(A)(11). In nonresidential metal frame structures.
(13) (Page 373, Article 500.8(A)(3)). Article 500.8(A)(3) is hereby amended as follows:
500.8 Equipment. Article 500.8(A)(3); change to read as follows:
500.8 Equipment. Articles 500 through 504 require equipment construction and
installation standards that ensure safe performance under conditions of proper use
and maintenance.
Informational Note No. 1: It is important that inspection authorities and users
exercise more than ordinary care with regard to installation and maintenance.
Informational Note No. 2: Since there is no consistent relationship between explosion
properties and ignition temperature, the two are independent requirements.
Informational Note No. 3: Low ambient conditions require special consideration.
Explosion proof or dust-ignition proof equipment may not be suitable for use at
temperatures lower than -25°C (-13°F) unless they are identified for low-temperature
service. However, at low ambient temperatures, flammable concentrations of vapors
may not exist in a location classified as Class I, Division 1 at normal ambient
temperature.
(A)
Suitability. Suitability of identified equipment shall be determined by one of
the following:
(1)
Equipment listing or labeling
(2)
Evidence of equipment evaluation from a qualified testing laboratory or
inspection agency concerned with product evaluation.
(3)
Evidence acceptable to the authority having jurisdiction such as a
manufacturer’s self-evaluation or an engineering judgment signed and
sealed by a qualified Licensed Professional Engineer.
Informational Note: Additional documentation for equipment may include
certificates demonstrating compliance with applicable equipment standards,
indicating special conditions of use, and other pertinent information. Guidelines for
certificates may be found in ANSI/ISA 12.00.02, Certificate Standard for AEx
Equipment for Hazardous (Classified) Locations.
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(14) (Page 401, Article 505.7(A)). Article 505.7(A) changed to read as follows:
505.7 Special precaution. Article 505 requires equipment construction and
installation that ensures safe performance under conditions of proper use and
maintenance.
Informational Note No. 1: It is important that inspection authorities and users
exercise more than ordinary care with regard to the installation and maintenance of
electrical equipment in hazardous (classified) locations.
Informational Note No. 2: Low ambient conditions require special consideration.
Electrical equipment depending on the protection techniques described by 505.8(A)
may not be suitable for use at temperatures lower than -20°C (-4°F) unless they are
identified for use at lower temperatures. However, at low ambient temperatures,
flammable concentrations of vapors may not exist in a location classified Class I,
Zones 0, 1, or 2 at normal ambient temperature.
(A)
Implementation of Zone Classification System. Classification of areas,
engineering and design, selection of equipment and wiring methods,
installation, and inspection shall be performed by a qualified Licensed
Professional Engineer.
(15) (Page 522, Article 600.21(E)). Article 600.21(E) is hereby amended as follows:
600.21 Ballasts, transformers, and electronic power supplies.
(E)
Attic and Soffitt Locations. Ballasts, transformers, and electronic power
supplies shall be permitted to be located in attics and soffitts, provided there is
an access door at least 900 mm by 600 mm (3 ft by 2 ft) and a passageway of at
least 900 mm (3 ft) high by 600 mm (2 ft) wide with a suitable permanent
walkway at least 600 mm (2 ft) wide extending from the point of entry to each
component.
(16) (Page 583, Article 680.25(A)). Article 680.25(A) changed to read as follows:
680.25 Feeders. These provisions shall apply to any feeder on the supply side of
panelboards supplying branch circuits for pool equipment covered in Part II of this
article and on the load side of the service equipment or the source of a separately
derived system.
(A)
Wiring Methods.
(1)
Feeders. Feeders shall be installed in rigid metal conduit or intermediate
metal conduit. The following wiring methods shall be permitted if not
subject to physical damage:
(1)
Liquidtight flexible nonmetallic conduit
(2)
Rigid polyvinyl chloride conduit
(3)
Reinforced thermosetting resin conduit
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(4)
Electrical metallic tubing where installed on or within a building
(5)
Electrical nonmetallic tubing where installed within a building
(6)
Type MC cable where installed within a building and if not subject
to corrosive environment
(7)
Nonmetallic-sheathed cable
(8)
Type SE cable
Exception: An existing feeder between an existing remote panelboard and service
equipment Article [sic] shall be permitted to run in flexible metal conduit or an
approved cable assembly that includes an equipment grounding conductor within its
outer sheath. The equipment grounding conductor shall comply with 250.24(A)(5).
Secs. 3.03.153–3.03.200
Reserved
Division 5. Mechanical Code*
Sec. 3.03.201
Adoption
The 2009 edition of the International Mechanical Code of the International Code Council as
hereinafter amended, is from the effective date hereof, hereby adopted as the mechanical code of
the town. One copy of such International Mechanical Code is incorporated herein by reference
and shall have been filed for permanent record and inspection in the office of the town secretary.
Sec. 3.03.202
Amendments
Amendments to the International Mechanical Code adopted herein are as follows:
(1)
102.8 Referenced codes and standards. The codes and standards referenced herein
shall be those that are listed in Chapter 15 and such codes, when specifically adopted,
and standards shall be considered part of the requirements of this code to the
prescribed extent of each such reference. Where differences occur between
provisions of this code and the referenced standards, the provisions of this code shall
apply. Whenever amendments have been adopted to the referenced codes and
standards, each reference to said code and standard shall be considered to reference
the amendments as well. Any reference to NFPA 70 or the ICC Electrical Code shall
mean the Electrical Code as adopted.
*
State law reference–Air Conditioning and Refrigeration Contractor License Law, V.T.C.A., Occupations
Code, ch. 1302.
3-43
(2)
106.4.1 Approved construction documents. (delete)
(3)
106.4.6 Retention of construction documents. (delete last sentence)
(4)
(Page 5 Sections 106.5.2 and 106.5.3). Sections 106.5.2 and 106.5.3 are hereby
amended as follows:
106.5.2 Fee schedule. The fees for all mechanical work shall be as adopted by
resolution of the governing body of the jurisdiction.
106.5.3 Fee refunds. The code official shall establish a policy for authorizing
refunding of fees. (delete balance of section)
(5)
Section 109 is adopted as set forth in the 2009 International Mechanical Code.
(6)
302.3 Cutting, notching and boring of wood framing. When permitted by the
International Building Code or the International Residential Code, cutting, notching
and boring of wood framing members shall comply with Sections 302.3.1 through
302.3.4.
(7)
(Page 21, Section 304.3). Section 304.3 is hereby amended to add an exception as
follows:
304.3 Elevation of ignition source.
Exception: Elevation of the ignition source is not required for water heaters that are
listed as flammable vapor resistant and for installation without elevation.
(8)
304.6 Private garages. (delete)
(9)
306.3 Appliances in attics. Attics containing appliances requiring access shall be
provided (bulk of paragraph unchanged) from the opening to the appliance. The
passageway shall have continuous unobstructed solid flooring not less than 30 inches
(762 mm) wide. A level service space not less than 30 inches (762 mm) deep and 30
inches (762 mm) wide shall be present at the front or service side of the appliance.
The clear access opening dimensions shall be a minimum of 20 inches by 30 inches
(508 mm by 762 mm), or larger where such dimensions are not large enough to allow
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removal of the largest appliance. As a minimum, access to the attic space of
residential uses shall be provided by one of the following:
1.
A permanent stair.
2.
A pull down stair with a minimum 300 lb (36 kg) capacity.
3.
4.
An access panel may be used in lieu of items 1, 2, and 3, with prior approval
from the code official due to building conditions.
Exception: The passageway and level service space are not required where the
appliance is capable of being serviced and removed through the required opening.
306.5 Equipment and appliances on roofs or elevated structures. Where
equipment and appliances requiring access are installed on roofs or elevated
structures at an aggregate height exceeding 16 feet (4877 mm), such access shall be
provided by a permanent approved means of access. Permanent exterior ladders
providing roof access need not extend closer than 12 feet (2438 mm) to the finish
grade or floor level below and shall extend to the equipment and appliances level
service space. Such access shall not require climbing over obstructions greater than
30 inches (762 mm) high or walking on roofs having a slope greater than 4 units
vertical in 12 units horizontal (33 percent slope). A receptacle outlet shall be
provided at or near the equipment and appliance location in accordance with the
Electrical Code. On roofs having slopes greater than 4 units vertical in 12 units
horizontal, a catwalk at least 16 inches in width with substantial cleats spaced not
more than 16 inches apart shall be provided from the roof access to the working
platform at the appliance (remainder of section unchanged).
(11) (Page 24, Section 306.5.1). Section 306.5.1; change to read as follows:
306.5.1 Sloped roofs. Where appliances, equipment, fans or other components that
require service are installed on roofs having slopes greater than 4 units vertical in 12
units horizontal and having an edge more than 30 inches (762 mm) above grade at
such edge, a catwalk at least 16 inches in width with substantial cleats spaced not
more than 16 inches apart shall be provided from the roof access to a level platform
at the appliance. The level platform shall be provided on each side of the appliance to
which access is required for service, repair or maintenance. The platform shall be not
less than 30 inches (762 mm) in any dimension and shall be provided with guards.
The guards shall extend not less than 42 inches (1067 mm) above the platform, shall
be constructed so as to prevent the passage of a 21-inch-diameter (533 mm) sphere
and shall comply with the loading requirements for guards specified in the
International Building Code.
(12) (Page 24, Section 306.6, 306.6.1). Section 306.6, 306.6.1 is hereby added as follows:
306.6 Water heaters above ground or floor. When the mezzanine or platform in
which a water heater is installed is more than eight (8) feet (2438 mm) above the
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ground or floor level, it shall be made accessible by a stairway or permanent ladder
fastened to the building.
Exception: A max 10-gallon water heater (or larger with approval) is capable of
being accessed through a lay-in ceiling and a water heater is installed is not more
than ten (10) feet (3048 mm) above the ground or floor level and may be reached
with a portable ladder.
Section 306.6.1 Whenever the mezzanine or platform is not adequately lighted or
access to a receptacle outlet is not obtainable from the main level, lighting and a
receptacle outlet shall be provided in accordance with Section 306.3.1.
307.2.1 Condensate disposal. Condensate from all cooling coils and evaporators
shall be conveyed from the drain pan outlet to an approved place of disposal.
Condensate shall not discharge into a street, alley, sidewalk, rooftop or other areas so
as to cause a nuisance.
307.2.2 Drain pipe materials and sizes. Components of the condensate disposal
system shall be cast iron, galvanized steel, copper, cross-linked polyethylene,
polybutylene, polyethylene, ABC, CPVC or schedule 80 PVC pipe or tubing when
exposed to ultraviolet light. All components shall be selected for the pressure,
temperature, and exposure rating of the installation. (remainder unchanged).
(15) (Page 25, Section 307.2.3). Section 307.2.3, item 2 is hereby amended to read as
follows:
307.2.3 Auxiliary and secondary drain systems. Item #2. Discharge, as noted, shall
be to a conspicuous point of disposal to alert occupants in the event of a stoppage of
the drain. However, the conspicuous point shall not create a hazard such as dripping
over a walking surface or other areas so as to create a nuisance.
(16) (Page 30, Section 403.2.1). Section 403.2.1 is hereby amended to add an item #5 as
follows:
403.2.1 Recirculation of air. Item #5. Toilet rooms within private dwellings that
contain only a water closet, lavatory or combination thereof may be ventilated with
an approved mechanical recirculating fan or similar device designed to remove odors
from the air.
(17) (Page 33, Table 403.3). Table 403.3 is hereby amended to change wording of
footnote “g” as follows:
403.3 Required outdoor ventilation air (footnote g). Transfer air permitted in
accordance with Section 403.2.1. Toilet rooms within private dwellings that contain
only a water closet, lavatory or combination thereof may be ventilated with an
approved mechanical recirculating fan or similar device designed to remove odors
from the air.
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(18) (Page 37, Section 501.2). Section 501.2 is hereby amended to add a third exception
as follows:
501.2 Outdoor discharge. Exception #3 - Toilet room exhaust ducts may terminate
in a warehouse or shop area when infiltration of outside air is present.
(19) (Page 44, Section 504.6). Section 504.6 is hereby amended to add a sentence at the
end of the paragraph as follows:
504.6 Domestic clothes dryer ducts. The size of duct shall not be reduced along its
developed length nor at the point of termination.
607.2.2 Hazardous exhaust ducts. Hazardous exhaust duct systems shall extend
directly to the exterior of the building and shall not extend into or through ducts and
plenums. Penetration of structural elements shall conform to this section and the
International Building Code except that fire dampers are not required at penetration
of fire-resistance-rated assemblies.
607.5.1 Fire walls. Ducts and air transfer openings permitted in fire walls in
accordance with Section 705.11 of the International Building Code shall be protected
with approved fire dampers installed in accordance with their listing. For hazardous
exhaust systems see Section 510.1 - 510.9 IMC.
(22) (Page 121 Appendix A through B). Appendix A through B is hereby amended as
follows:
Appendix A through B are for reference only as adopted and amended by other
codes.
Secs. 3.03.203–3.03.250
Reserved
Division 6. Plumbing Code*
Sec. 3.03.251
Adoption
The 2009 edition, of the International Plumbing Code of the International Code Council, as
hereinafter amended, is from the effective date hereof, hereby adopted as the plumbing code of
the town. One copy of such International Plumbing Code is incorporated herein by reference and
*
State law references–Authority to regulate sewers and plumbing, V.T.C.A., Local Government Code,
secs. 214.012 and 214.013; authority to regulate plumbing, V.T.C.A., Occupations Code, sec. 1301.551;
Plumbing License Law, V.T.C.A., Occupations Code, ch. 1301; adoption of plumbing codes and
amendment of codes by municipality, V.T.C.A., Occupations Code, sec. 1301.255.
3-47
shall have been filed for permanent record and inspection in the office of the town secretary.
Sec. 3.03.252
Amendments
Amendments to the International Plumbing Code adopted herein are as follows:
(1)
(Page XII, Table of Contents, Chapter 7, Section 714). Table of contents, Chapter 7,
Section 714 is hereby amended as follows Section 714. Engineered Drainage Design,
Page 67.
(2)
(Page 1, Section 101.2). Section 101.2 is hereby amended to change wording in
exceptions 1 and 2 as follows:
101.2 Scope (Paragraph unchanged)
Exceptions:
(3)
1.
Detached one- and two-family dwellings (unchanged) International Residential
Code as adopted.
2.
Plumbing systems in existing buildings (unchanged) International Existing
Building Code or the provisions for existing buildings in the International
Building Code as adopted.
102.8 Referenced codes and standards. The codes and standards referenced in this
code shall be those that are listed in Chapter 13 and such codes, when specifically
adopted, and standards shall be considered part of the requirements of this code to the
prescribed extent of such reference. Where the requirements of reference standards or
manufacturer’s installation instructions do not conform to minimum provisions of
this code, the provisions of the code shall apply. Whenever amendments have been
adopted to the referenced codes and standards, each reference to said code and
standard shall be considered to reference the amendments as well. Any reference to
NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted.
(4)
(5)
(Page 5, Sections 106.6.2 and 106.6.3). Sections 106.6.2 and 106.6.3 are hereby
amended as follows:
106.6.2 Fee schedule. The fees for all plumbing work shall be as adopted by
resolution of the governing body of the jurisdiction.
106.6.3 Fee refunds. The code official shall establish a policy for the refunding of
fees. (Delete balance of section).
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(6)
Section 109 is adopted as set forth in the 2009 International Plumbing Code.
(7)
305.6.1 Sewer depth. Building sewers shall be a minimum of 12 inches (304 mm)
below grade.
(8)
305.9 Protection of components of plumbing system. Components of a plumbing
system installed within 3 feet along alleyways, driveways, parking garages or other
locations in a manner in which they would be exposed to damage shall be recessed
into the wall or otherwise protected in an approved manner.
(9)
310.4 Water closet compartment. (delete)
312.2 Drainage and vent water test. (Bulk of section unchanged) but no section
shall be tested with less than a 4-foot (1220 mm) head of water. (unchanged text)
shall have been submitted to a test of not less than 4-foot (1220 mm) head of water
(Balance of section unchanged)
312.10.1 Inspections. Annual inspections shall be made of all backflow prevention
assemblies and air gaps to determine whether they are operable. In the absence of
local provisions, the owner is responsible to ensure that testing is performed.
312.10.2 Testing. Reduced pressure principle backflow preventer assemblies, double
check valve assemblies, double detector check valve assemblies and pressure vacuum
breaker assemblies shall be tested at the time of installation, immediately after repairs
or relocation and at least annually. The testing procedure shall be performed in
accordance with applicable local provisions. In the absence of local provisions, the
owner is responsible to ensure that testing is done in accordance with one of the
following standards:
(list of standards unchanged)
314.2.1 Condensate disposal. Condensate from all cooling coils and evaporators
shall be conveyed from the drain pan outlet to an approved place of disposal... {text
unchanged}... Condensate shall not discharge in a publicly exposed area such as into
a street, alley, sidewalk, rooftop or other areas so as to cause a nuisance.
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314.2.2 Drain pipe materials and sizes. Components of the condensate disposal
system shall be cast iron, galvanized steel, copper, cross-linked polyethylene,
polyethylene, ABS, CPVC or Schedule 80 PVC pipe or tubing when exposed to
ultraviolet light. All components shall be selected for the pressure, temperature, and
exposure rating of the installation. (Remainder unchanged)
follows:
401.1 Scope. The provisions of this Chapter are meant to work in coordination with
the provisions of the Building Code. Should any conflicts arise between the two
chapters, the Code Official shall determine which provision applies.
403.1 Minimum number of fixtures. Plumbing fixtures shall be provided for the
type of occupancy and in the minimum number as follows:
1.
Assembly Occupancies: At least one drinking fountain shall be provided at
each floor level in an approved location.
establishment.
2.
Groups A, B, F, H, I, M and S Occupancies: Buildings or portions thereof
where persons are employed shall be provided with at least one water closet for
each sex except as provided for in Section 403.2.
3.
Group E Occupancies: Shall be provided with fixtures as shown in Table
403.1.
4.
Group R Occupancies: Shall be provided with fixtures as shown in Table
403.1.
It is recommended, but not required, that the minimum number of fixtures provided
also comply with the number shown in Table 403.1. Types of occupancies not shown
in Table 403.1 shall be considered individually by the Code Official. The number of
occupants shall be determined by the International Building Code. Occupancy
classification shall be determined in accordance with the International Building Code.
(17) (Page 28, Section 403.1.3). Section 403.1.3 is hereby added as follows:
403.1.3 Finish material. Finish materials shall comply with Section 1209 of the
International Building Code.
405.6 Plumbing in mental health centers. (delete)
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409.2 Water connection. The water supply to a commercial dishwashing machine
shall be protected against backflow by an air gap or backflow preventer in
accordance with Section 608.
410.1 Approval. Drinking fountains shall conform to ASME A 112.19.1, ASME A
112.19.2 or ASME 112.19.9, and water coolers shall conform to AR1 1010. Drinking
fountains and water coolers shall conform to NSF61, Section 9.
establishment.
412.4 Required location. Floor drains shall be installed in the following areas.
1.
In public coin-operated laundries and in the central washing facilities of
multiple family dwellings, the rooms containing the automatic clothes washers
shall be provided with floor drains located to readily drain the entire floor area.
2.
Commercial kitchens. (In lieu of floor drains in commercial kitchens, the code
official may accept floor sinks.)
413.4 Water supply required. All food waste grinders shall be provided with a
supply of cold water. The water supply shall be protected against backflow by an air
gap or with the installation of a backflow preventer in accordance with Section 608.
417.5 Shower floors or receptors. Floor surfaces shall be constructed of impervious,
noncorrosive, nonabsorbent and waterproof materials. Thresholds shall be a
minimum of 2 inches (51 mm) and a maximum of 9 inches (229 mm), measured from
top of the drain to top of threshold or dam. Thresholds shall be of sufficient width to
accommodate a minimum twenty-two (22) inch (559 mm) door.
Exception: Showers designed to comply with ICC/ANSI A117.1.
417.5.2 Shower lining. Floors under shower compartments, except where
prefabricated receptors have been provided, shall be lined and made watertight
utilizing material complying with Sections 417.5.2.1 through 417.5.2.4. Such liners
shall turn up on all sides at least 3 inches (76 mm) above the finished threshold level
and shall extend outward over the threshold and fastened to the outside of the
threshold jamb. Liners shall be recessed and fastened to an approved backing... {text
unchanged}... and Section 417.7.
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(25) (Page 32, Section 417.7). Section 417.7 is hereby added to read as follows:
417.7 Test for shower receptors. Shower receptors shall be tested for watertightness
by filling with water to the level of the rough threshold. The drain shall be plugged in
a manner so that both sides of pans shall be subjected to the test at the point where it
is clamped to the drain.
419.3 Surrounding material. Wall and floor space to a point 2 feet (610 mm) in
front of a urinal lip and 4 feet (1219 mm) above the floor at least 2 feet (610 mm) to
each side of the urinal shall be waterproofed with a smooth, readily cleanable, hard,
nonabsorbent material.
502.3 Water heaters installed in attics. (bulk of paragraph unchanged) The clear
access opening dimensions shall be a minimum of 20 inches by 30 inches (508 mm
by 762 mm), or larger where such dimensions are not large enough to allow removal
of the water heater.
(28) (Page 37, Section 502.6, 502.6.1). Section 502.6, 502.6.1 is hereby added as follows:
502.6 Water heaters above ground or floor. When the attic, roof, mezzanine or
platform in which a water heater is installed is more than eight (8) feet (2438 mm)
above the ground or floor level, it shall be made accessible by a stairway or
permanent ladder fastened to the building.
Exception: A max 10 gallon water heater (or larger with approval) is capable of
being accessed through a lay-in ceiling and a water heater is installed is not more
than ten (10) feet (3048 mm) above the ground or floor level and may be reached by
a portable ladder.
502.6.1 Illumination and convenience outlet. Whenever the mezzanine or platform
is not adequately lighted or access to a receptacle outlet is not obtainable from the
main level, lighting and a receptacle outlet shall be provided in accordance with
Section 502.3.1.
(29) (Page 38, Section 504.6.). Section 504.6. is hereby amended as follows:
504.6 Requirements for discharge piping. The discharge piping serving a pressure
relief valve, temperature relief valve or combination thereof shall:
1.
Not be directly connected to the drainage system.
2.
Discharge through an air gap.
3.
Not be smaller than the diameter of the outlet of the valve served and shall
discharge full size to the air gap.
3-52
4.
Serve a single relief device and shall not connect to piping serving any other
relief device or equipment.
Exception: Multiple relief devices may be installed to a single T & P discharge
piping system when approved by the administrative authority and permitted by
the manufacturer’s installation instructions and installed with those
instructions.
5.
Discharge, to an indirect waste receptor or to the outdoors. Where discharging
to the outdoors in areas subject to freezing, discharge piping shall be first piped
to an indirect waste receptor through an air gap located in a conditioned area.
6.
Discharge in a manner that does not cause personal injury or structural damage.
7.
Discharge to a termination point that is readily observable by the building
occupants.
8.
Not be trapped.
9.
Be installed so as to flow by gravity.
10.
Not terminate less than 6 inches or more than 24 inches (152 mm) above grade
nor more than 6 inches above the waste receptor.
11.
Not have a threaded connection at the end of such piping.
12.
Not have valves or tee fittings.
13.
Be constructed of those materials listed in Section 605.4 or materials tested,
rated and approved for such use in accordance with ASME A112.4.1.
604.4.1 State maximum flow rate. Where the State mandated maximum flow rate is
more restrictive than those of this section, the State flow rate shall take precedence.
(31) (Page 42, Section 605.3 and 605.4). Section 605.3 and Section 605.4 is hereby
amended as follows:
605.3 and 605.4 Polybutylene (PB) plastic pipe and tubing is deleted.
606.1 Location of full-open valves. (items 4 and 5 are deleted).
606.2 item 1; On the fixture supply to each plumbing fixture. (balance of item 1
deleted)
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Exception: Tub and shower valves.
606.2 item 2; On the water supply pipe to each sillcock when subject to freezing.
608.1 General. A potable water supply system shall be designed, installed and
maintained in such a manner so as to prevent contamination from non-potable
liquids, solids or gasses being introduced into the potable water supply through crossconnections or any other piping connections to the system. Backflow preventer
applications shall conform to applicable local regulations, Table 608.1, and as
specifically stated in Sections 608.2 through 608.16.9.
608.16.5 Connections to lawn irrigation systems. The potable water supply system
to lawn irrigation systems shall be protected against backflow by an atmospheric-type
vacuum breaker, a pressure type vacuum breaker, a double-check assembly or a
reduced pressure principle backflow preventer (balance of section unchanged).
608.17 Protection of individual water supplies. An individual water supply shall be
located and constructed so as to be safe guarded against contamination in accordance
with applicable local regulations. In the absence of other local regulations,
installation shall be in accordance with sections 608.17.1 through 608.17.8.
712.5 Dual pump system. All sumps shall be automatically discharged and, when in
any “public use” occupancy where the sump serves more than 10 fixture units, shall
be provided with dual pumps or ejectors arranged to function independently in case
of overload or mechanical failure. For storm drainage pumps and pumping system,
see Section 1113.
(38) (Page 67, Section 714, 714.1). Section 714, 714.1 is hereby amended as follows:
Section 714 Engineered drainage design.
714.1 Design of drainage system. The sizing design and layout of the drainage
systems shall be permitted to be designed by approved design methods.
(39) (Page 69, Section 802.1.6). Section 802.1.6; change to read as follows:
802.1.6 Domestic dishwashing machines. Domestic dishwashing machines shall
discharge indirectly through an air gap or air break into a standpipe or waste receptor
in accordance with Section 802.2, or discharge into a wye-branch fitting on the
tailpiece of the kitchen sink or the dishwasher connection of a food waste grinder.
The waste line of a domestic dishwashing machine discharging into a kitchen sink
tailpiece or food waste grinder shall connect to a deck-mounted air gap.
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follows:
802.4 Standpipes. No standpipe shall be installed below the ground.
904.1 Roof extension. All open vent pipes that extend through a roof shall be
terminated at least six (6) inches (152 mm) above the roof, except that where a roof is
to be used for any purpose other than weather protection, the vent extensions shall be
run at least 7 feet (2134 mm) above the roof.
912.1 Type of fixture. A combination drain and vent system shall not serve fixtures
other than floor drains, stand pipes, indirect waste receptors. Combination drain and
vent systems shall not receive the discharge of a food waste grinder or clinical sink.
1002.10 Plumbing in mental health centers. (delete)
1101.8 Cleanouts required. Cleanouts shall be installed in the building storm
drainage system (remainder of section unchanged).
1106.1 General. The size of the vertical conductors and leaders, building storm
drains, building storm sewers, and any horizontal branches of such drains or sewers
shall be based on six (6) inches per hour rainfall rate.
1107.3 Sizing of secondary drains. Secondary (emergency) roof drain systems shall
be sized in accordance with Section 1106. Scuppers shall be sized to prevent the
depth of ponding water (balance of section unchanged).
1202.1 Nonflammable medical gases. Exception #2 (delete)
(48) (Page 107, Appendix A through G). Appendix A through G is hereby amended as
follows:
Appendix A through G are for reference only as adopted and amended by other
codes.
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Secs. 3.03.253–3.03.300
Reserved
Division 7. Energy Conservation Code*
Sec. 3.03.301
Adoption
The 2009 edition of the International Energy Conservation Code of the International Code
Council, as hereinafter amended, is from the effective date hereof, hereby adopted as the energy
conservation code of the town. One copy of such International Energy Conservation Code is
incorporated herein by reference and shall have been filed for permanent record and inspection in
the office of the town secretary. (Ordinance 2002-32, sec. II, adopted 8/19/02; Ordinance 200427, sec. III, adopted 8/30/04; 2006 Code, ch. 3, sec. 8.01; Ordinance 2011-10 adopted 3/21/11;
Ordinance 2012-31, sec. 2, ex. A, adopted 12/10/12)
Sec. 3.03.302
Amendments
Amendments to the International Energy Conservation Code adopted herein are as follows:
(1)
101.4.2 Historic buildings. Any building or structure that is listed in the State or
National Register of Historic Places; designated as a historic property under local or
state designation law or survey; certified as a contributing resource with a National
Register listed or locally designated historic district; or with an opinion or
certification that the property is eligible to be listed on the National or State Registers
of Historic Places either individually or as a contributing building to a historic district
by the State Historic Preservation Officer of the Keeper of the National Register to
Historic Places shall comply with all of the provisions of this code.
Exception: Whenever a provision or provisions shall invalidate or jeopardize the
historical designation or listing, that provision or provisions may be exempted.
(2)
(Page 2, Section 103.1.1). Section 103.1.1 is hereby added to read as follows:
103.1.1 Alternative compliance. A building certified by a national, state, or local
accredited energy efficiency program and determined by the Energy Systems
Laboratory to be in compliance with the energy efficiency requirements of this
section may, at the option of the Code Official, be considered in compliance. The
United States Environmental Protection Agency’s Energy Star Program certification
of energy code equivalency shall be considered in compliance.
(3)
(Page 5, Section 202). Section 202 is hereby amended to add a definition as follows:
202: Glazing area: Total area of the glazed fenestration measured using the rough
opening and including sash, curbing or other framing elements that enclose
conditioned space. Glazing area includes the area of glazed fenestration assemblies in
walls bounding conditioned basements. For doors where the daylight opening area is
*
State law reference–Adoption of building energy efficiency performance standards, V.T.C.A., Health
and Safety Code, sec. 388.003.
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less than 50 percent of the door area, the glazing area is the daylight opening area.
For all other doors, the glazing area is the rough opening area for the door including
the door and the frame.
(4)
(5)
(Page 27, Section 401.2). Section 401.2, Item 1; is hereby changed to read as follows:
1.
401.2 Compliance software tools. Sections 402.1 through 402.3, 403.2.1 and
404.1 (prescriptive) and the use of Tables 402.1.1 and 402.1.3 are limited to a
maximum glazing area of 15% window area to floor area ratio; or
2.
{language unchanged}
(Page 28, Section 402.2.12). Section 402.2.12 is hereby added as follows:
402.2.12. Insulation installed in walls. Insulation batts installed in walls shall be
totally surrounded by an enclosure on all sides consisting of framing lumber,
gypsum, sheathing, wood structural panel sheathing or other equivalent material
approved by the building official.
(6)
(Page 32, Section 405.4.1). Section 405.4.1; add the following sentence to the end of
paragraph:
RemRateTM, Energy GaugeTM, and IC3 are deemed acceptable performance
simulation programs.
(Ordinance 2002-32, sec. II, adopted 8/19/02; Ordinance 2004-27, sec. IV, adopted 8/30/04; 2006
Code, ch. 3, sec. 8.02; Ordinance 2012-31, sec. 2, ex. A, adopted 12/10/12)
Secs. 3.03.303–3.03.350
Reserved
Division 8. Property Maintenance Code
Sec. 3.03.351
Adoption
The 2009 edition of the International Property Maintenance Code of the International Code
Council is from the effective date hereof, hereby adopted as the property maintenance code of the
town. One copy of such International Property Maintenance Code is incorporated herein by
reference and shall have been filed for permanent record and inspection in the office of the town
secretary. (Ordinance 2008-36, sec. 2, adopted 11/3/08; 2006 Code, ch. 3, sec. 16.01; Ordinance
2012-34, sec. 2, ex. A, adopted 12/10/12)
Sec. 3.03.352
Amendments
Amendments to the International Property Maintenance Code adopted herein are as follows:
(1)
107 Notices and orders. (delete)
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(2)
108 Unsafe structures and equipment. (delete)
(3)
109 Emergency measures. (delete)
(4)
110 Demolition. (delete)
(5)
111 Means of appeal. (delete)
Secs. 3.03.353–3.03.400
Reserved
Division 9. Fuel Gas Code
Sec. 3.03.401
Adoption
The 2009 edition of the International Fuel Gas Code of the International Code Council as
hereinafter amended, is from the effective date hereof, hereby adopted as the fuel gas code of the
town. One copy of such International Fuel Gas Code is incorporated herein by reference and shall
(Ordinance 2012-33, sec. 2, ex. A, adopted 12/10/12)
Sec. 3.03.402
Amendments
Amendments to the International Fuel Gas Code adopted herein are as follows:
(1)
(Page 2, Section 102.2). Section 102.2 is hereby amended to add an exception as
follows:
102.2 Existing installations. Exception: Existing dwelling units shall comply with
Section 621.2.
(2)
102.8 Referenced codes and standards. The codes and standards referenced herein
shall be those that are listed in Chapter 7 and such codes, when specifically adopted,
and standards shall be considered part of the requirements of this code to the
prescribed extent of each such reference. Where differences occur between
provisions of this code and the referenced standards, the provisions of this code shall
apply. Whenever amendments have been adopted to the referenced codes and
standards, each reference to said code and standard shall be considered to reference
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the amendments as well. Any reference to NFPA 70 or the ICC Electrical Code shall
mean the Electrical Code as adopted.
(3)
106.4.1 Approval construction documents. (delete first two sentences). Work shall
be done in accordance (remainder of section unchanged).
(4)
(5)
106.5.2 Fee schedule. The fees for all fuel gas work shall be as adopted by resolution
of the governing body of the jurisdiction.
(6)
106.6.3 Fee refunds. The code official shall establish a policy for authorizing the
refunding of fees. (delete balance of section)
(7)
109 Means of appeal. (delete)
(8)
304.10 Louvers and grilles. The required size of openings (bulk of paragraph
unchanged) to provide the free area specified. Where the design and free area are not
known, it shall be assumed that wood louvers will have 25-percent free area and
metal louvers and grilles will have 50-percent free area. (Remainder of section
unchanged).
(9)
(Page 22, Section 304.11). Section 304.11 is hereby amended to change wording in
#8 as follows:
304.11 Combustion air ducts. (Bulk of section unchanged).
Item #8 Combustion air intake openings located on the exterior of a building shall
have the lowest side of such openings located not less than 12 inches (305 mm)
vertically from the adjoining grade level or the manufacturer’s recommendation,
whichever is more stringent.
305.5 Private garages. (delete)
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306.3 Appliances in attics. Attics containing appliances requiring access shall be
provided (bulk of paragraph unchanged) from the opening to the appliance. The
passageway shall have continuous unobstructed solid flooring not less than 30 inches
(762 mm) wide. A level service space not less than 30 inches (762 mm) deep and 30
inches (762 mm) wide shall be present at the front or service side of the appliance.
The clear access opening dimensions shall be a minimum of 20 inches by 30 inches
(508 mm by 762 mm), or larger where such dimensions are not large enough to allow
removal of the largest appliance. As a minimum, access to the attic space of
residential uses shall be provided by one of the following:
1.
A permanent stair.
2.
A pull down stair.
3.
4.
An access panel may be used in lieu of items 1, 2, and 3, with prior approval of
the code official due to building conditions.
Exceptions:
1.
The passageway and level service space are not required where the appliance is
capable of being serviced and removed through the required opening.
2.
Where the passageway is not less than... {bulk of section to read the same}
306.5 Equipment and appliances on roofs or elevated structures. Where
equipment and appliances requiring access are installed on roofs or elevated
structures at an aggregate height exceeding 16 feet (4877 mm), such access shall be
provided by a permanent approved means of access. Permanent exterior ladders
providing roof access need not extend closer than 8 feet (2438 mm) to the finish
grade or floor level below and shall extend to the equipment and appliances level
service space. Such access shall not require climbing over obstructions greater than
30 inches (762 mm) high or walking on roofs having a slope greater than 4 units
vertical in 12 units horizontal (33 percent slope). A receptacle outlet shall be
provided at or near the equipment and appliance location in accordance with the
Electrical Code (remainder of section unchanged).
(13) (Page 26, Section 306.5.1). Section 306.5.1 is hereby amended to read as follows:
306.5.1 Sloped roofs. Where appliances, equipment, fans or other components that
require service are installed on roofs having slopes greater than 4 units vertical in 12
units horizontal and having an edge more than 30 inches (762 mm) above grade at
such edge, a catwalk at least 16 inches in width with substantial cleats spaced not
more than 16 inches apart shall be provided from the roof access to a level platform
at the appliance. The level platform shall be provided on each side of the appliance to
which access is required for service, repair or maintenance. The platform shall be not
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less than 30 inches (762 mm) in any dimension and shall be provided with guards.
The guards shall extend not less than 42 inches (1067 mm) above the platform, shall
be constructed so as to prevent the passage of a 21-inch-diameter shall be present at
the front or service side of the appliance [sic]. The clear access opening dimensions
shall be a minimum of 20 inches by 30 inches (508 mm by 762 mm), or larger where
such dimensions are not large enough to allow removal of the largest appliance. As a
minimum, access to the attic space of residential uses shall be provided by one of the
following:
1.
A permanent stair.
2.
A pull down stair.
3.
4.
An access panel may be used in lieu of items 1, 2, and 3, with prior approval of
the code official due to building conditions.
Exceptions:
3.
The passageway and level service space are not required where the appliance is
capable of being serviced and removed through the required opening.
4.
Where the passageway is not less than...{bulk of section to read the same}
(14) (Page 24, Section 306.7). Section 306.7 and 306.7.1 is hereby added to read as
follows:
306.7 Water heaters above ground or floor. When the attic, roof, mezzanine or
platform in which a water heater is installed is more than eight (8) feet (2438 mm)
above the ground or floor level, it shall be made accessible by a stairway or
permanent ladder fastened to the building.
Exception: A max 10-gallon water heater (or larger when approved by the code
official) is capable of being accessed through a lay-in ceiling and a water heater is
installed is not more than ten (10) feet (3048 mm) above the ground or floor level and
may be reached with a portable ladder.
306.7.1. Illumination and convenience outlet. Whenever the mezzanine or platform
is not adequately lighted or access to a receptacle outlet is not obtainable from the
main level, lighting and a receptacle outlet shall be provided in accordance with
Section 306.3.1.
(15) (Page 29, Section 401.5). Section 401.5 is hereby amended to add a second paragraph
as follows:
401.5 Identification. Both ends of each section of medium pressure corrugated
stainless steel tubing (CSST) shall identify its operating gas pressure with an
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approved tag. The tags are to be composed of aluminum or stainless steel and the
following wording shall be stamped into the tag:
“Warning
1/2 to 5 psi gas pressure
DO NOT REMOVE”
(16) (Page 30, Section 402.3). Section 402.3 is hereby amended to add an exception as
follows:
402.3 Sizing. Exception: Corrugated stainless steel tubing (CSST) shall be a
minimum of 1/2" (18 EHD).
404.10 Minimum burial depth. Underground piping systems shall be installed a
minimum depth of 18 inches (458 mm) top of pipe below grade.
(18) (Page 68, Section 404.10.1). Section 404.10.1; delete the section.
(19) (Page 69, Section 406.1). Section 406.1; change to read as follows:
406.1 General. Prior to acceptance and initial operation, all piping installations shall
be inspected and pressure tested to determine that the materials, design, fabrication,
and installation practices comply with the requirements of this code. The permit
holder shall make the applicable tests prescribed in Sections 406.1.1 through 406.1.5
to determine compliance with the provisions of this code. The permit holder shall
give reasonable advance notice to the code official when the piping system is ready
for testing. The equipment, material, power and labor necessary for the inspections
and test shall be furnished by the permit holder and the permit holder shall be
responsible for determining that the work will withstand the test pressure prescribed
in the following tests.
406.4 Test pressure measurement. Test pressure shall be measured with a
monometer or with a pressure-measuring device designed and calibrated to read,
record, or indicate a pressure loss caused by leakage during the pressure test period.
The source of pressure shall be isolated before the pressure tests are made. For tests
requiring a pressure of 3 psig, gauges shall utilize a dial with a minimum diameter of
three and one-half inches (3-1/2"), a set hand, 1/10 pound incrementation and
pressure range not to exceed 6 psi for tests requiring a pressure of 3 psig. For tests
requiring a pressure of 10 psig, gauges shall utilize a dial with a minimum diameter
of three and one-half inches (3-1/2"), a set hand, a minimum of 2/10 pound
incrementation and a pressure range not to exceed 20 psi.
406.4.1 Test pressure. The test pressure to be used shall be not less than 3 psig (20
kPa gauge), or at the discretion of the Code Official, the piping and valves may be
tested at a pressure of at least six (6) inches (152 mm) of mercury, measured with a
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manometer or slope gauge. For welded piping, and for piping carrying gas at
pressures in excess of fourteen (14) inches water column pressure (3.48 kPa) (1/2 psi)
and less than 200 inches of water column pressure (52.2 kPa) (7.5 psi), the test
pressure shall not be less than ten (10) pounds per square inch (69.6 kPa). For piping
carrying gas at a pressure that exceeds 200 inches of water column (52.2 kPa) (7.5
psi), the test pressure shall be not less than one and one-half times the proposed
maximum working pressure.
406.4.2 Test duration. Test duration shall be held for a length of time satisfactory to
the Code Official, but in no case for less than fifteen (15) minutes. For welded
piping, and for piping carrying gas at pressures in excess of fourteen (14) inches
water column pressure (3.48 kPa), the test duration shall be held for a length of time
satisfactory to the Code Official, but in no case for less than thirty (30) minutes.
409.1.4 Valves in CSST installations. Shutoff valves installed with corrugated
stainless steel (CSST) piping systems shall be supported with an approved
termination fitting, or equivalent support, suitable for the size of the valves, of
adequate strength and quality, and located at intervals so as to prevent or damp out
excessive vibration but in no case greater than 12 inches from the center of the valve.
Supports shall be installed so as not to interfere with the free expansion and
contraction of the system’s piping, fittings, and valves between anchors. All valves
and supports shall be designed and installed so they will not be disengaged by
movement of the supporting piping.
(24) (Page 72, Section 410.1). Section 410.1 is hereby amended to add a second paragraph
and exception as follows:
410.1 Pressure regulators. Access to regulators shall comply with the requirements
for access to appliances as specified in Section 306.
Exception: A passageway or level service space is not required when the regulator is
capable of being serviced and removed through the required attic opening.
follows:
614.6 Domestic clothes dryer vents. The size of duct shall not be reduced along its
developed length nor at the point of termination.
621.2 Prohibited use. One or more unvented room heaters shall not be used as the
sole source of comfort heating in a dwelling unit.
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Exception: Existing approved unvented heaters may continue to be used in dwelling
units, in accordance with the code provisions in effect when installed, when approved
by the Code Official unless an unsafe condition is determined to exist as described in
Section 108.7.
624.1.1 Installation requirements. The requirements for water heaters relative to
access, sizing, relief valves, drain pans and scald protection shall be in accordance
with the International Plumbing Code as amended and adopted.
(28) (Page 129, Appendix A through D). Appendix A through D is hereby amended as
follows:
Appendix A through D are for reference only as adopted and amended by other
codes.
(Ordinance 2012-33, sec. 2, ex. A, adopted 12/10/12)
Secs. 3.03.403–3.03.450
Reserved
Division 10. Fire Code
Sec. 3.03.451
Adoption
The 2009 edition of the International Fire Code of the International Code Council as hereinafter
amended, is from the effective date hereof, hereby adopted as the mechanical [fire] code of the
town. One copy of such International Fire Code is incorporated herein by reference and shall have
been filed for permanent record and inspection in the office of the town secretary. (Ordinance
2004-28, sec. III, adopted 8/30/04; 2006 Code, ch. 3, sec. 9.01; Ordinance 2012-32, sec. 2, ex. A,
adopted 12/10/12)
Sec. 3.03.452
Amendments
Amendments to the International Fire Code adopted herein are as follows:
***Section 102.1; change #3 to read as follows:
3.
Existing structures, facilities and conditions when required in Chapter 46 or in
specific sections of this code.
***Section 102.7; change to read as follows:
102.7 Referenced codes and standards. The codes and standards referenced in this code
shall be those that are listed in Chapter 47 and such codes, when specifically adopted, and
standards shall be considered part of the requirements of this code to the prescribed extent
of each such reference. Where differences occur between the provisions of this code and
the referenced standards, the provisions of this code shall apply. Whenever amendments
have been adopted to the referenced codes and standards, each reference to said code and
standard shall be considered to reference the amendments as well. Any reference to NFPA
70 or the ICC Electrical Code shall mean the Electrical Code as adopted.
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***Section 105.3.3; change to read as follows:
105.3.3 Occupancy prohibited before approval. The building or structure shall not be
occupied prior to the fire code official issuing a permit when required and conducting
associated inspections indicating the applicable provisions of this code have been met.
***Section 105.7; add Section 105.7.15 to read as follows:
105.7.15 Smoke control or exhaust systems. Construction permits are required for smoke
control or exhaust systems as specified in Section 909 and Section 910 respectively.
Maintenance performed in accordance with this code is not considered a modification and
does not require a permit.
***Section 105.7.15; add Section 105.7.16 to read as follows:
105.7.16 Electronic access control systems. Construction permits are required for the
installation or modification of an electronic access control system, as specified in Section
503 and Section 1008. A separate construction permit is required for the installation or
modification of a fire alarm system that may be connected to the access control system.
Maintenance performed in accordance with this code is not considered a modification and
does not require a permit.
***Section 202; add new definition of ADDRESSABLE FIRE DETECTION SYSTEM as
follows:
ADDRESSABLE FIRE DETECTION SYSTEM. Any system capable of providing
identification of each individual alarm-initiating device. The identification shall be in plain
English and as descriptive as possible to specifically identify the location of the device in
alarm. The system shall have the capability of alarm verification.
***Section 202; amend definition of AMBULATORY HEALTH CARE FACILITY as follows:
[B] AMBULATORY HEALTH CARE FACILITY. Buildings or portions thereof used
to provide medical, surgical, psychiatric, nursing, or similar care on a less than 24-hour
basis to individuals who are rendered incapable of self-preservation. This group may
- Dialysis centers
- Sedation dentistry
- Surgery centers
- Colonic centers
- Psychiatric centers
3-65
***Section 202; add new definition of ANALOG ADDRESSABLE FIRE DETECTION
SYSTEM as follows:
ANALOG ADDRESSABLE FIRE DETECTION SYSTEM. Any system capable of
calculating a change in value by directly measurable quantities (voltage, resistance, etc.) at
the sensing point. The physical analog may be conducted at the sensing point or at the main
control panel. The system shall be capable of compensating for long-term changes in sensor
response while maintaining a constant sensitivity. The compensation shall have a preset
point at which a detector maintenance signal shall be transmitted to the control panel. The
sensor shall remain capable of detecting and transmitting an alarm while in maintenance
alert.
***Section 202; change definition of ATRIUM as follows:
[B] ATRIUM. An opening connecting three or more stories... {remaining text unchanged}
***Section 202; amend definition of FIRE WATCH as follows:
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.
***Section 202; add new definition of HIGH-RISE BUILDING to read as follows:
HIGH-RISE BUILDING. A building having any floors used for human occupancy
located more than 55 feet (16,764 mm) above the lowest level of fire department vehicle
access.
***Section 202; add new definition of SELF-SERVICE STORAGE FACILITY as follows:
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.
***Section 202; add new definition of STANDBY PERSONNEL as follows:
STANDBY PERSONNEL. Qualified fire service personnel, approved by the Fire Chief.
When utilized, the number required shall be as directed by the Fire Chief. Charges for
utilization shall be as normally calculated by the jurisdiction.
307.2 Permit required. A permit shall be obtained from the fire code official in
accordance with Section 105.6 prior to kindling a fire for recognized silvicultural or range
or wildlife management practices, prevention or control of disease or pests, or open
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burning. Application for such approval shall only be presented by and permits issued to the
owner of the land upon which the fire is to be kindled.
Examples of state or local law, or regulations referenced elsewhere in this section may
1.
Texas Commission on Environmental Quality guidelines and/or restrictions.
2.
State, County, or Local temporary or permanent bans on open burning.
3.
Local written policies as established by the fire code official.
307.4 Location. The location for open burning shall not be less than 300 feet (91,440 mm)
from any structure, and provisions shall be made to prevent the fire from spreading to
within 300 feet (91,440 mm) of any structure.
***Section 307.4.3, Exceptions; change to read as follows:
Exceptions:
1.
Portable outdoor fireplaces used at one- and two-family dwellings.
2.
Where buildings, balconies and decks are protected by an approved automatic
sprinkler system.
***Section 307.4.4; add Section 307.4.4 to read as follows:
307.4.4 Trench burns. Trench burns shall be conducted in air curtain trenches and in
accordance with Section 307.2.
307.5 Attendance. Open burning, trench burns, bonfires or recreational fires shall be
constantly attended until the... {remainder of section unchanged}
308.1.4 Open-flame cooking devices. Open-flame cooking devices, charcoal grills and
other similar devices used for cooking shall not be located or used on combustible
balconies, decks, or within 10 feet (3048 mm) of combustible construction.
Exceptions:
1.
One- and two-family dwellings, except that LP-gas containers are limited to a water
capacity not greater than 50 pounds (22.68 kg) [nominal 20 pound (9.08 kg) LP-gas
capacity] with an aggregate LP-gas capacity not to exceed 100 lbs (5 containers).
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2.
Where buildings, balconies and decks are protected by an approved automatic
sprinkler system, except that LP-gas containers are limited to a water capacity not
greater than 50 pounds (22.68 kg) [nominal 20 pound (9.08 kg) LP-gas capacity],
with an aggregate LP-gas capacity not to exceed 40 lbs (2 containers).
3.
LP-gas cooking devices having LP-gas container with a water capacity not greater
than 2-1/2 pounds [nominal 1 pound (0.454 kg) LP-gas capacity].
***Section 308.1.6.2, Exception #3; change to read as follows:
Exceptions:
1.
LP-gas-fueled used for sweating pipe joints or removing paint in accordance with
Chapter 38.
2.
Cutting and welding operations in accordance with Chapter 26.
3.
Torches or flame-producing devices in accordance with Section 308.1.3.
4.
Candles and open-flame decorative devices in accordance with Section 308.3.
311.5 Placards. The fire code official is authorized to require marking of any vacant or
abandoned buildings or structures determined to be unsafe pursuant to Section 110 of this
code relating to structural or interior hazards, as required by Section 311.5.1 through
311.5.5.
401.3.4 False alarms and nuisance alarms. False alarms and nuisance alarms shall not be
given, signaled or transmitted or caused or permitted to be given, signaled or transmitted in
any manner.
501.4 Timing of installation. When fire apparatus access roads or a water supply for fire
protection is required to be installed for any structure or development, they shall be
installed, tested, and approved prior to the time of which construction has progressed
beyond completion of the foundation of any structure.
503.1.1 Buildings and facilities. Approved fire apparatus... {text unchanged}... building or
facility. Except for one- or two-family dwellings, the path of measurement shall be along a
minimum of a ten feet (10') wide unobstructed pathway around the external walls of the
structure.
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503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not
less than 24 feet (7315 mm), exclusive of shoulders, except for approved security gates in
accordance with Section 503.6, and an unobstructed vertical clearance of not less than 14
feet (4267 mm).
Exception: Vertical clearance may be reduced; provided such reduction does not impair
access by fire apparatus and approved signs are installed and maintained indicating the
established vertical clearance when approved.
503.2.2 Authority. The fire code official shall have the authority to require an increase in
the minimum access widths and vertical clearances where they are inadequate for fire or
rescue operations.
503.3 Marking. Striping, signs, or other markings, when approved by the fire code official,
shall be provided for fire apparatus access roads to identify such roads or prohibit the
obstruction thereof. Striping, signs and other markings shall be maintained in a clean and
legible condition at all times and be replaced or repaired when necessary to provide
adequate visibility.
(1)
Striping. Fire apparatus access roads shall be continuously marked by painted lines of
red traffic paint six inches (6") in width to show the boundaries of the lane. The
words “NO PARKING FIRE LANE” or “FIRE LANE NO PARKING” shall appear
in four inch (4") white letters at 25 feet intervals on the red border markings along
both sides of the fire lanes. Where a curb is available, the striping shall be on the
vertical face of the curb.
(2)
Signs. Signs shall read “NO PARKING FIRE LANE” or “FIRE LANE NO
PARKING” and shall be 12" wide and 18" high. Signs shall be painted on a white
background with letters and borders in red, using not less than 2" lettering. Signs
shall be permanently affixed to a stationary post and the bottom of the sign shall be
six feet, six inches (6'6") above finished grade. Signs shall be spaced not more than
fifty feet (50') apart along both sides of the fire lane. Signs may be installed on
permanent buildings or walls or as approved by the Fire Chief.
503.4 Obstruction of fire apparatus access roads. Fire apparatus access roads shall not
be obstructed in any manner, including the parking of vehicles. The minimum widths and
clearances established in Section 503.2.1 and any area marked as a fire lane as described in
Section 503.3 shall be maintained at all times.
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505.1 Address identification.
Approved numerals of a minimum 6" height and of a color contrasting with the background
designating the address shall be placed on all new and existing buildings or structures in a
position as to be plainly visible and legible from the street or road fronting the property and
from all rear alleyways/access.
Where buildings do not immediately front a street, approved 6-inch height building
numerals or addresses and 3-inch height suite/apartment numerals of a color contrasting
with the background of the building shall be placed on all new and existing buildings or
structures. Numerals or addresses shall be posted on a minimum 20 inch by 30 inch
background on border.
Address numbers shall be Arabic numerals or alphabet letters. The minimum stroke width
shall be 0.5 inches.
Where access is by means of a private road and the building cannot be viewed from the
public way, a monument, pole or other sign or means shall be used to identify the structure.
Exception: R-3 Single-family occupancies shall have approved numerals of a minimum 31/2 inches in height and a color contrasting with the background clearly visible and legible
from the street fronting the property and rear alleyway where such alleyway exists.
507.4 Water supply test date and information. The water supply test used for hydraulic
calculation of fire protection systems shall be conducted in accordance with NFPA 291
“Recommended Practice for Fire Flow Testing and Marking of Hydrants” and within one
year of sprinkler plan submittal. The fire code official shall be notified prior to the water
supply test. Water supply tests shall be witnessed by the fire code official, as required. The
exact location of the static/residual hydrant and the flow hydrant shall be indicated on the
design drawings. All fire protection plan submittals shall be accompanied by a hard copy of
the waterflow test report, or as approved by the fire code official. The report must indicate
the dominant water tank level at the time of the test and the maximum and minimum
operating levels of the tank, as well, or identify applicable water supply fluctuation. The
licensed contractor must then design the fire protection system based on this fluctuation
information, as per the applicable referenced NFPA standard.
507.5.4 Obstruction. Unobstructed access to fire hydrants shall be maintained at all times.
Posts, fences, vehicles, growth, trash, storage and other materials or objects shall not be
placed or kept near fire hydrants, fire department inlet connections or fire protection system
control valves in a manner that would prevent such equipment or fire hydrants from being
immediately discernible. The fire department shall not be deterred or hindered from gaining
immediate access to fire protection equipment or fire hydrants.
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***Section 509.1.1; add new Section 509.1.1 to read as follows:
509.1.1 Sign requirements. Unless more stringent requirements apply, lettering for signs
required by this section shall have a minimum height of two (2) inches when located inside
a building and four (4) inches when located outside, or as approved by the fire code official.
The letters shall be of a color that contrasts with the background.
***Section 603.3.2.1, Exception; change exception to read as follows:
Exception: The aggregate capacity limit shall be permitted to be increased to 3,000 gallons
(11,356 L) in accordance with all requirements of Section 3404.2.9.5.1 and Chapter 34...
{Delete remainder of Exception}
***Section 603.3.2.2; change to read as follows:
603.3.2.2 Restricted use and connection. Tanks installed in accordance with Section
603.3.2 shall be used only to supply fuel oil to fuel-burning equipment installed in
accordance with Section 603.3.2.4. Connections between tanks and equipment supplied by
such tanks shall be made using closed piping systems.
704.1 Enclosure. Interior vertical shafts, including but not limited to stairways, elevator
hoistways, service and utility shafts, that connect two or more stories of a building shall be
enclosed or protected in accordance with the codes in effect at the time of construction but,
regardless of when constructed, not less than as required in Chapter 46. New floor openings
in existing buildings shall comply with the International Building Code.
807.4.3.2 Artwork. Artwork and teaching materials shall be limited on the walls of
corridors to not more than 20 percent of the wall area and on the walls of classrooms to not
more than 50 percent of each wall area. Such materials shall not be continuous from floor
to ceiling or wall to wall.
Curtains, draperies, wall hangings and other decorative material suspended from the walls
or ceilings shall meet the flame propagation performance criteria of NFPA 701 in
accordance with Section 807 or be noncombustible.
Exception: Corridors protected by an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 shall be limited to 50 percent of the wall area.
807.4.4.2 Artwork. Artwork and teaching materials shall be limited on the walls of
corridors to not more than 20 percent of the wall area and on the walls of classrooms to not
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more than 50 percent of each wall area. Such materials shall not be continuous from floor
to ceiling or wall to wall.
Curtains, draperies, wall hangings and other decorative material suspended from the walls
or ceilings shall meet the flame propagation performance criteria of NFPA 701 in
accordance with Section 807 or be noncombustible.
Exception: Corridors protected by an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 shall be limited to 50 percent of the wall area.
***Section 901.6.1; add Section 901.6.1.1 to read as follows:
901.6.1.1 Standpipe testing. Building owners/managers must maintain and test standpipe
systems as per NFPA 25 requirements. The following additional requirements shall be
applied to the testing that is required every 5 years:
1.
The piping between the Fire Department Connection (FDC) and the standpipe shall
be hydrostatically tested for all FDC’s on any type of standpipe system. Hydrostatic
testing shall also be conducted in accordance with NFPA 25 requirements for the
different types of standpipe systems.
2.
For any manual (dry or wet) standpipe system not having an automatic water supply
capable of flowing water through the standpipe, the tester shall connect hose from a
fire hydrant or portable pumping system (as approved by the fire code official) to
each FDC, and flow water through the standpipe system to the roof outlet to verify
that each inlet connection functions properly. Confirm that there are no open hose
valves prior to introducing water into a dry standpipe. There is no required pressure
criteria at the outlet. Verify that check valves function properly and that there are no
closed control valves on the system.
3.
Any pressure relief, reducing, or control valves shall be tested in accordance with the
requirements of NFPA 25. All hose valves shall be exercised.
4.
If the FDC is not already provided with approved caps, the contractor shall install
such caps for all FDC’s as required by the fire code official.
5.
Upon successful completion of standpipe test, place a blue tag (as per Texas
Administrative Code, Fire Sprinkler Rules for Inspection, Test and Maintenance
Service (ITM) Tag) at the bottom of each standpipe riser in the building. The tag
shall be check-marked as “Fifth Year” for Type of ITM, and the note on the back of
the tag shall read “5 Year Standpipe Test” at a minimum.
6.
The procedures required by Texas Administrative Code Fire Sprinkler Rules with
regard to Yellow Tags and Red Tags or any deficiencies noted during the testing,
including the required notification of the local Authority Having Jurisdiction (fire
code official) shall be followed.
7.
Additionally, records of the testing shall be maintained by the owner and contractor,
if applicable, as required by the State Rules mentioned above and NFPA 25.
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8.
Standpipe system tests where water will be flowed external to the building shall not
be conducted during freezing conditions or during the day prior to expected nighttime
freezing conditions.
9.
Contact the fire code official for requests to remove existing fire hose from Class II
and III standpipe systems where employees are not trained in the utilization of this
firefighting equipment. All standpipe hose valves must remain in place and be
provided with an approved cap and chain when approval is given to remove hose by
the fire code official.
901.7 Systems out of service. Where a required fire protection system is out of service or
in the event of an excessive number of activations, the fire department and the fire code
official shall be notified immediately and, where required by the fire code official, the
building shall either be evacuated or an approved fire watch shall be provided for all
occupants left unprotected by the shut down until the fire protection system has been
returned to service... {remaining text unchanged}
***Section 901.10; add Section 901.10 to read as follows:
901.10 Discontinuation or change of service. Notice shall be made to the fire code
official whenever contracted alarm services for monitoring of any fire alarm system is
terminated for any reason, or a change in alarm monitoring provider occurs. Notice shall be
made in writing to the fire code official by the building owner and alarm service provider
prior to the service being terminated.
903.1.1 Alternative protection. Alternative automatic fire-extinguishing systems
complying with Section 904 shall be permitted in addition to automatic sprinkler protection
where recognized by the applicable standard, or as approved by the fire code official.
***Section 903.2; add the following:
903.2 Where required. Approved automatic sprinkler systems in new buildings and
structures shall be provided in the locations described in Sections 903.2.1 through 903.2.12.
Automatic Sprinklers shall not be installed in elevator machine rooms, elevator machine
spaces, and elevator hoistways. Storage shall not be allowed within the elevator machine
room. Signage shall be provided at the entry doors to the elevator machine room indicating
“ELEVATOR MACHINERY - NO STORAGE ALLOWED.”
***Section 903.2; delete the exception.
903.2.9.3 Self-service storage facility. An automatic sprinkler system shall be installed
throughout all self-service storage facilities.
Exception: One-story self-service storage facilities that have no interior corridors, with a
one-hour fire barrier separation wall installed between every storage compartment.
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***Section 903.2.11; amend 903.2.11.3 and add 903.2.11.7, 903.2.11.8, and 903.2.11.9 as
follows:
903.2.11.3 Buildings 35 feet or more in height. An automatic sprinkler system shall be
installed throughout buildings with a floor level, other than penthouses in compliance with
Section 1509 of the International Building Code, that is located 35 feet (10,668 mm) or
more above the lowest level of fire department vehicle access.
Exceptions:
Open parking structures in compliance with Section 406.3 of the International Building
Code.
903.2.11.7 High-piled combustible storage. For any building with a clear height
exceeding 12 feet (4572 mm), see Chapter 23 to determine if those provisions apply.
903.2.11.8 Spray booths and rooms. New and existing spray booths and spraying rooms
shall be protected by an approved automatic fire-extinguishing system.
903.2.11.9 Buildings over 6,000 sq. ft. An automatic sprinkler system shall be installed
throughout all buildings with a building area over 6,000 sq. ft. For the purpose of this
provision, fire walls shall not define separate buildings.
Exception: Open parking garages in compliance with Section 406.3 of the International
Building Code.
***Section 903.3.1.1.1; change to read as follows:
903.3.1.1.1 Exempt locations. When approved by the fire code official, automatic
sprinklers shall not be required in the following rooms or areas where such... {text
unchanged}... because it is damp, of fire-resistance-rated construction or contains electrical
equipment.
1.
Any room where the application of water, or flame and water, constitutes a serious
life or fire hazard.
2.
Any room or space where sprinklers are considered undesirable because of the nature
of the contents, when approved by the code official.
3.
Generator and transformer rooms, under the direct control of a public utility,
separated from the remainder of the building by walls and floor/ceiling or
roof/ceiling assemblies having a fire-resistance rating of not less than 2 hours.
4.
Elevator machine rooms, machinery spaces, and hoistways.
***Section 903.3.1.3; add the following:
903.3.1.3 NFPA 13D sprinkler systems. Where allowed, automatic sprinkler systems
installed in one- and two-family dwellings and townhouses shall be installed throughout in
accordance with NFPA 13D or in accordance with state law.
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***Section 903.3.5; add a second paragraph to read as follows:
Water supply as required for such systems shall be provided in conformance with the
supply requirements of the respective standards; however, every fire protection system
shall be designed with a 10 psi safety factor.
***Section 903.4; add a second paragraph after the exceptions to read as follows:
Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap to
the sprinkler system and shall cause an alarm upon detection of water flow for more than
45 seconds. All control valves in the sprinkler and standpipe systems except for fire
department hose connection valves shall be electrically supervised to initiate a supervisory
signal at the central station upon tampering.
***Section 903.4.2; add second paragraph to read as follows:
The alarm device required on the exterior of the building shall be a weatherproof
horn/strobe notification appliance with a minimum 75 candela strobe rating, installed as
close as practicable to the fire department connection.
903.6.3 Spray booths and rooms. New and existing spray booths and spray rooms shall be
protected by an approved automatic fire-extinguishing system in accordance with Section
1504.
905.2 Installation standard. Standpipe systems shall be installed in accordance with this
section and NFPA 14. Manual dry standpipe systems shall be supervised with a minimum
of 10 psig and a maximum of 40 psig air pressure with a high/low alarm.
***Section 905.3; add Section 905.3.8 and exception to read as follows:
905.3.8 Building area. In buildings exceeding 10,000 square feet in area per story, Class I
automatic wet or manual wet standpipes shall be provided where any portion of the
building’s interior area is more than 200 feet (60960 mm) of travel, vertically and
horizontally, from the nearest point of fire department vehicle access.
Exception: Automatic dry and semi-automatic dry standpipes are allowed as provided for
in NFPA 14.
***Section 905.4, item 5; change to read as follows:
5.
Where the roof has a slope less than four units vertical in 12 units horizontal (33.3percent slope), each standpipe shall be provided with a two-way hose connection
located either... {remainder of text unchanged}.
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***Section 905.4; add the following item 7:
7.
When required by this Chapter, standpipe connections shall be placed adjacent to all
required exits to the structure and at two hundred feet (200') intervals along major
corridors thereafter.
***Section 905.9; add a second paragraph after the exceptions to read as follows:
Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap to
the sprinkler system and shall cause an alarm upon detection of water flow for more than
45 seconds. All control valves in the sprinkler and standpipe systems except for fire
department hose connection valves shall be electrically supervised to initiate a supervisory
signal at the central station upon tampering.
***Section 906.1 {Where required}; change Exception to Item 1 as follows:
Exception: In R-2 occupancies, portable fire extinguishers shall be required only in
locations specified in Items 2. through 6. where each dwelling unit is provided with a
portable fire extinguisher having a minimum rating of 1-A:10-B:C.
907.1.4 Design standards. All alarm systems new or replacement shall be addressable.
Alarm systems serving more than 20 smoke detectors shall be analog addressable.
Exception: Existing systems need not comply unless the total building remodel or
expansion initiated after the effective date of this code, as adopted, exceeds 30% of the
building. When cumulative building remodel or expansion exceeds 50% of the building
must comply within 18 months of permit application.
907.2.1 Group A. A manual fire alarm system that activates the occupant notification
system in accordance with new Section 907.6 shall be installed in Group A occupancies
having an occupant load of 300 or more persons or more than 100 persons above or below
the lowest level of exit discharge. Portions of Group E occupancies occupied for assembly
purposes shall be provided with a fire alarm system as required for the Group E occupancy.
Activation of fire alarm notification appliances shall:
1.
Cause illumination of the means of egress with light of not less than 1 footcandle (11
lux) at the walking surface level, and
2.
Stop any conflicting or confusing sounds and visual distractions.
907.2.3 Group E. A manual fire alarm system that activates the occupant notification
system in accordance with Section 907.6 shall be installed in Group E educational
occupancies. When automatic sprinkler systems or smoke detectors are installed, such
systems or detectors shall be connected to the building fire alarm system. An approved
smoke detection system shall be installed in Group E day care occupancies. Unless
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separated by a minimum of 100' open space, all buildings, whether portable buildings or the
main building, will be considered one building for alarm occupant load consideration and
interconnection of alarm systems.
***Section 907.2.3; change exception 1 and add exception 1.1 to read as follows:
Exceptions:
1.
A manual fire alarm system is not required in Group E educational and day care
occupancies with an occupant load of less than 50 when provided with an approved
automatic sprinkler system.
1.1. Residential In-Home day care with not more than 12 children may use interconnected
single station detectors in all habitable rooms. (For care of more than five children 21/2 or less years of age, see Section 907.2.6.)
907.2.13 High-rise buildings. Buildings with a floor used for human occupancy located
more than 55 feet (16,764 mm) above the lowest level of fire department vehicle access
shall be provided with an automatic smoke detection system in accordance with Section
907.2.13.1, a fire department communication system in accordance with Section 907.2.13.2
and an emergency voice/alarm communication system in accordance with Section
907.6.2.2.
***Section 907.2.13, Exception 3; change to read as follows:
3.
Buildings with an occupancy in Group A-5 in accordance with Section 303.1 of the
International Building Code, when used for open air seating; however, this exception
does not apply to accessory uses including but not limited to sky boxes, restaurants
and similarly enclosed areas.
907.5.2.6 Type. Manual alarm initiating devices shall be an approved double action type.
907.7.1.1 Installation. All fire alarm systems shall be installed in such a manner that a
failure of any single initiating device or single open in an initiating circuit conductor will
not interfere with the normal operation of other such devices. All initiating circuit
conductors shall be Class “A” wired with a minimum of six feet separation between supply
and return circuit conductors. IDC - Class “A” Style D; SLC - Class “A” Style 6; NAC Class “B” Style Y. The IDC from an addressable device used to monitor the status of a
suppression system may be wired Class B, Style B provided the distance from the
addressable device is within 10-feet of the suppression system device.
907.7.5.2 Communication requirements. All alarm systems, new or replacement, shall
transmit alarm, supervisory and trouble signals descriptively to the approved central
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station, remote supervisory station or proprietary supervising station as defined in NFPA
72, with the correct device designation and location of addressable device identification.
Alarms shall not be permitted to be transmitted as a General Alarm or Zone condition.
***Section 910.1; change Exception 2 to read as follows:
2.
Where areas of buildings are equipped with early suppression fast-response (ESFR)
sprinklers, only manual smoke and heat vents shall be required within these areas.
Automatic smoke and heat vents are prohibited.
***Section 910.2; add subsections 910.2.3 with exceptions and 910.2.4 to read as follows:
910.2.3 Group H. Buildings and portions thereof used as a Group H occupancy as follows:
1.
In occupancies classified as Group H-2 or H-3, any of which are more than 15,000
square feet (1394 m2) in single floor area.
Exception: Buildings of
2.
noncombustible
construction
containing
only
In areas of buildings in Group H used for storing Class 2, 3, and 4 liquid and solid
oxidizers, Class 1 and unclassified detonable organic peroxides, Class 3 and 4
unstable (reactive) materials, or Class 2 or 3 water-reactive materials as required for a
high-hazard commodity classification.
Exception: Buildings of
noncombustible
construction
containing
only
910.2.4 Exit access travel distance increase. Buildings and portions thereof used as a
Group F-1 or S-1 occupancy where the maximum exit access travel distance is increased in
accordance with Section 1016.3.
***Table 910.3; Change the title of the first row of the table from “Group F-1 and S-1” to
include “Group H” and to read as follows:
Group H, F-1 and S-1
***Section 910.3.2.2; add second paragraph to read as follows:
The automatic operating mechanism of the smoke and heat vents shall operate at a
temperature rating at least 100 degrees F (approximately 38 degrees Celsius) greater than
the temperature rating of the sprinklers installed.
912.2.3 Hydrant distance. An approved fire hydrant shall be located within 50 feet of the
fire department connection as the fire hose lays.
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***Section 913.1; add second paragraph and exception to read as follows:
When located on the ground level at an exterior wall, the fire pump room shall be provided
with an exterior fire department access door that is not less than 3 ft. in width and 6 ft. - 8
in. in height, regardless of any interior doors that are provided. A key box shall be provided
at this door, as required by Section 506.1.
Exception: When it is necessary to locate the fire pump room on other levels or not at an
exterior wall, the corridor leading to the fire pump room access from the exterior of the
building shall be provided with equivalent fire resistance as that required for the pump
room, or as approved by the fire code official. Access keys shall be provided in the key box
as required by Section 506.1.
***Section 1004.1.1; delete exception:
1004.1.1 Areas without fixed seating. The number of occupants shall be computed at the
rate of one occupant per unit of area as prescribed in Table 1004.1.1. For areas without
fixed seating, the occupant load shall not be less than that number determined by dividing
the floor area under consideration by the occupant per unit of area factor assigned to the
occupancy as set forth in Table 1004.1.1. Where an intended use is not listed in Table
1004.1.1, the building official shall establish a use based on a listed use that most nearly
resembles the intended use.
***Section 1007.1; add the following exception 4:
4.
Buildings regulated under State Law and built in accordance with State registered
plans, including any variances or waivers granted by the State, shall be deemed to be
in compliance with the requirements of Section 1007.
***Section 1008.1.9.3; Locks and Latches; add condition to the section as follows:
1008.1.9.3, Locks and latches. Locks and latches shall be permitted to prevent operation
of doors where any of the following exists:
1.
... {text of conditions 1 through 3 unchanged}...
3.1. Where egress doors are used in pairs and positive latching is required, approved
automatic flush bolts shall be permitted to be used, provided that both leaves achieve
positive latching regardless of the closing sequence and the door leaf having the
automatic flush bolts has no doorknobs or surface mounted hardware.
4.
... {text of conditions 4 and 5 unchanged}...
***Section 1008.1.9.4; amend exceptions 3 and 4 as follows:
Exceptions: ... {Text of Exceptions 1 and 2 unchanged}...
3.
Where a pair of doors serves an occupant load of less than 50 persons in a Group B,
F, M or S occupancy, [remaining text unchanged]
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4.
Where a pair of doors serves a Group B, F, M or S occupancy,... {remaining text
unchanged}...
5.
... {text unchanged}...
1008.1.9.8. Electromagnetically locked egress doors. Doors in the means of egress that
are not otherwise required to have panic hardware in buildings with an occupancy in Group
A, B, E, I-1, I-2, M, R-1 or R-2 and doors to tenant spaces in Group A, B, E, I-1, I-2, M, R1 or R-2 shall be permitted to be electromagnetically locked if equipped with listed
hardware that incorporates a built-in switch and meet the requirements below: ...
{remaining text unchanged}...
***Section 1015; add new section 1015.7 to read as follows:
1015.7 Electrical rooms. For electrical rooms, special existing requirements may apply.
Reference the electrical code as adopted.
***Section 1016; add Section 1016.3 to read as follows:
1016.3 Roof vent increase. In buildings that are one story in height, equipped with
automatic heat and smoke roof vents complying with Section 910 and equipped throughout
with an automatic sprinkler system in accordance with Section 903.3.1.1, the maximum
exit access travel distance shall be 400 feet (122 m) for occupancies in Group F-1 or S-1.
***Section 1018.1; add Exception 5 to read as follows:
5.
In Group B office buildings, corridor walls and ceilings need not be of fire-resistive
construction within office spaces of a single tenant when the space is equipped with
an approved automatic fire alarm system with corridor smoke detection. The
actuation of any detector shall activate alarms audible in all areas served by the
corridor. The smoke-detection system shall be connected to the building’s fire alarm
system where such a system is provided.
***Section 1018.6; amend to read as follows:
1018.6, Corridor continuity. All corridors shall be continuous from the point of entry to
an exit, and shall not be interrupted by intervening rooms.
... {Exception unchanged}...
***Section 1022.1; add exceptions 8 and 9 to read as follows:
8.
In other than occupancy Groups H and I, a maximum of 50 percent of egress
stairways serving one adjacent floor are not required to be enclosed, provided at least
two means of egress are provided from both floors served by the unenclosed
stairways. Any two such interconnected floors shall not be open to other floors.
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9.
In other than occupancy Groups H and I, interior egress stairways serving only the
first and second stories of a building equipped throughout with an automatic sprinkler
system in accordance with Section 903.3.1.1 are not required to be enclosed,
provided at least two means of egress are provided from both floors served by the
unenclosed stairways. Such interconnected stories shall not be open to other stories.
1022.9 Smokeproof enclosures and pressurized stairways. In buildings required to
comply with Section 403 or 405 of the IBC, each of the exit enclosures serving a story with
a floor surface located more than 55 feet (16,764 mm) above the lowest level of fire...
{remainder of section unchanged}...
1024.1 General. Approved luminous egress path markings delineating the exit path shall be
provided in buildings of Groups A, B, E, I, M and R-1 having occupied floors located more
than 55 feet (16,764 mm) above the lowest level of fire department vehicle access in
accordance with Sections 1024.1 through 1024.5.
... {Exceptions unchanged}...
***Section 1026.6; amend exception 4 to read as follows:
Exceptions: ... {Exceptions 1 through 3 unchanged}...
4.
Separation from the open-ended corridors of the building... {remaining text
unchanged}...
1030.2 Reliability. Required exit accesses, exits or exit discharges shall be continuously
maintained free from obstructions or impediments to full instant use in the case of fire or
other emergency. Security devices affecting means of egress shall be subject to approval of
the fire code official.
***Section 1501.2; delete the section.
1504.4 Fire protection. New and existing spray booths and spray rooms shall be protected
by an approved automatic fire-extinguishing system... {remainder of section unchanged}...
***Section 2202.1 Definitions; add to definition of REPAIR GARAGE as follows:
REPAIR GARAGE. A building, structure or portion thereof used for servicing or
repairing motor vehicles. This occupancy shall also include garages involved in minor
repair, modification and servicing of motor vehicles for items such as lube changes,
inspections, windshield repair or replacement, shocks, minor part replacement and other
such minor repairs.
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2204.1 Supervision of dispensing. The dispensing of fuel at motor fuel-dispensing
facilities shall be in accordance with the following:
1.
Conducted by a qualified attendant; and/or,
2.
Shall be under the supervision of a qualified attendant; and/or
3.
Shall be an unattended self-service facility in accordance with Section 2204.3.
At any time the qualified attendant of item #1 or #2 above is not present, such operations
shall be considered as an unattended self-service facility and shall also comply with Section
2204.3.
***Section 2302; add a second paragraph to the definition of “High-Piled Combustible Storage”
to read as follows:
Any building classified as a group S Occupancy or Speculative Building exceeding 6,000
sq. ft. that has a clear height in excess of 14 feet, making it possible to be used for storage
in excess of 12 feet, shall be considered to be high-piled storage. When a specific product
cannot be identified, a fire protection system and life safety features shall be installed as for
Class IV commodities, to the maximum pile height.
***Table 2306.2, footnote j; change text to read as follows:
j.
Where areas of buildings are equipped with early suppression fast-response (ESFR)
sprinklers, manual smoke and heat vents or manually activated engineered
mechanical smoke exhaust systems shall be required within these areas.
3301.1.3 Fireworks. The possession, manufacture, Sstorage, sale, handling and use of
fireworks are prohibited.
Exceptions:
1.
Only when approved for fireworks displays, Sstorage and handling of fireworks as
allowed in Section 3304 and 3308.
2.
The use of fireworks for approved displays as allowed in Section 3308.
***Section 3302; change the definition of FIREWORKS to read as follows:
FIREWORKS. Any composition or device for the purpose of producing a visible or an
audible effect for entertainment purposes by combustion, deflagration, or detonation,
and/or activated by ignition with a match or other heat producing device that meets the
definition of 1.4G fireworks or 1.3G fireworks as set forth herein. ... {remainder of text
unchanged}...
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***Section 3403.6; add a sentence to read as follows:
3403.6 Piping systems. Piping systems, and their component parts, for flammable and
combustible liquids shall be in accordance with Sections 3403.6.1 through 3403.6.11. An
approved method of secondary containment shall be provided for underground tank and
piping systems.
***Section 3404.2.9.5; add Section 3404.2.9.5.1 to read as follows:
3404.2.9.5.1 Combustible liquid storage tanks inside of buildings. The maximum
aggregate allowable quantity limit shall be 3,000 gallons (11,356 L) of Class II or III
combustible liquid for storage in protected aboveground tanks complying with Section
3404.2.9.7 when all of the following conditions are met:
1.
The entire 3,000 gallon (11,356 L) quantity shall be stored in protected aboveground
tanks;
2.
The 3,000 gallon (11,356 L) capacity shall be permitted to be stored in a single tank
or multiple smaller tanks;
3.
The tanks shall be located in a room protected by an automatic sprinkler system
complying with Section 903.3.1.1; and
4.
Tanks shall be connected to fuel-burning equipment, including generators, utilizing
an approved closed piping system.
The quantity of combustible liquid stored in tanks complying with this section shall not be
counted towards the maximum allowable quantity set forth in Table 2703.1.1(1), and such
tanks shall not be required to be located in a control area. Such tanks shall not be located
more than two stories below grade.
***Section 3404.2.11.5; add a sentence to read as follows:
3404.2.11.5 Leak prevention. Leak prevention for underground tanks shall comply with
Sections 3404.2.11.5.1 through 3404.2.11.5.3. An approved method of secondary
containment shall be provided for underground tank and piping systems.
***Section 3404.2.11.5.2; change to read as follows:
3404.2.11.5.2 Leak detection. Underground storage tank systems shall be provided with an
approved method of leak detection from any component of the system that is designed and
installed in accordance with NFPA 30 and as specified in Section 3404.2.11.5.3.
***Section 3404.2.11.5; add Section 3404.2.11.5.3 to read as follows:
3404.2.11.5.3 Observation wells. Approved sampling tubes of a minimum 6 inches in
diameter shall be installed in the backfill material of each underground flammable or
combustible liquid storage tank. The tubes shall extend from a point 12 inches below the
average grade of the excavation to ground level and shall be provided with suitable surface
access caps. Each tank site shall provide a sampling sump at the corners of the excavation
with a minimum of 4 sumps. Sampling tubes shall be placed in the product line excavation
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within 10 feet of the tank excavation and one every 50 feet routed along product lines
towards the dispensers, a minimum of two are required.
***Section 3406.5.4; delete Section 3406.5.4.5 and replace with the following:
3406.5.4.5 Commercial, industrial, governmental or manufacturing. Dispensing of
Class II and III motor vehicle fuel from tank vehicles into the fuel tanks of motor vehicles
located at commercial, industrial, governmental or manufacturing establishments is allowed
where permitted, provided such dispensing operations are conducted in accordance with
Sections 3406.5.4.5.1 through 3406.5.4.5.3.
3406.5.4.5.1 Site requirements.
1.
Dispensing may occur at sites that have been permitted to conduct mobile fueling.
2.
A detailed site plan shall be submitted with each application for a permit. The site
plan must indicate:
a.
all buildings, structures, and appurtenances on site and their use or function;
b.
all uses adjacent to the property lines of the site;
c.
the locations of all storm drain openings, adjacent waterways or wetlands;
d.
information regarding slope, natural drainage, curbing, impounding and how a
spill will be retained upon the site property; and,
e.
The scale of the site plan.
3.
The Code Official is authorized to impose limits upon: the times and/or days during
which mobile fueling operations are allowed to take place and specific locations on a
site where fueling is permitted.
4.
Mobile fueling operations shall be conducted in areas not generally accessible to the
public.
5.
Mobile fueling shall not take place within 15 feet (4.572 m) of buildings, property
lines, or combustible storage.
3406.5.4.5.2 Refueling operator requirements.
1.
The owner of a mobile fueling operations shall provide to the jurisdiction a written
response plan which demonstrates readiness to respond to a fuel spill, carry out
appropriate mitigation measures, and to indicate its process to properly dispose of
contaminated materials when circumstances require.
2.
The tank vehicle shall comply with the requirements of NFPA 385 and Local, State
and Federal requirements. The tank vehicle’s specific functions shall include that of
supplying fuel to motor vehicle fuel tanks. The vehicle and all its equipment shall be
maintained in good repair.
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3.
Signs prohibiting smoking or open flames within 25 feet (7.62 m) of the tank vehicle
or the point of fueling shall be prominently posted on 3 sides of the vehicle including
the back and both sides.
4.
A fire extinguisher with a minimum rating of 40:BC shall be provided on the vehicle
with signage clearly indicating its location.
5.
The dispensing nozzles and hoses shall be of an approved and listed type.
6.
The dispensing hose shall not be extended from the reel more than 100 feet (30.48m)
in length.
7.
Absorbent materials, non-water absorbent pads, a 10 foot (3.048 m) long containment
boom, an approved container with lid, and a non-metallic shovel shall be provided to
mitigate a minimum 5-gallon fuel spill.
8.
Tanker vehicles shall be equipped with a fuel limit switch such as a count-back
switch, limiting the amount of a single fueling operation to a maximum of 500
gallons (1893 L) between resetting of the limit switch.
Exception: Tankers utilizing remote emergency shut-off device capability where the
operator constantly carries the shut-off device which, when activated, immediately
causes flow of fuel from the tanker to cease.
9.
Persons responsible for dispensing operations shall be trained in the appropriate
mitigating actions in the event of a fire, leak, or spill. Training records shall be
maintained by the dispensing company and shall be made available to the fire code
official upon request.
10.
Operators of tank vehicles used for mobile fueling operations shall have in their
possession at all times an emergency communications device to notify the proper
authorities in the event of an emergency.
3406.5.4.5.3 Operational requirements.
1.
The tank vehicle dispensing equipment shall be constantly attended and operated
only by designated personnel who are trained to handle and dispense motor fuels.
2.
Prior to beginning dispensing operations, precautions shall be taken to assure ignition
sources are not present.
3.
The engines of vehicles being fueled shall be shut off during dispensing operations.
4.
Nighttime fueling operations shall only take place in adequately lighted areas.
5.
The tank vehicle shall be positioned with respect to vehicles being fueled so as to
preclude traffic from driving over the delivery hose and between the tank vehicle and
the motor vehicle being fueled.
6.
During fueling operations, tank vehicle brakes shall be set, chock blocks shall be in
place and warning lights shall be in operation.
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7.
Motor vehicle fuel tanks shall not be topped off.
8.
The dispensing hose shall be properly placed on an approved reel or in an approved
compartment prior to moving the tank vehicle.
9.
The Code Official and other appropriate authorities shall be notified when a
reportable spill or unauthorized discharge occurs.
3803.2.1.8 Jewelry repair, dental labs and similar occupancies. Where natural gas
service is not available, portable LP-Gas containers are allowed to be used to supply
approved torch assemblies or similar appliances. Such containers shall not exceed 20pound (9.0 kg) water capacity. Aggregate capacity shall not exceed 60-pound (27.2 kg)
water capacity. Each device shall be separated from other containers by a distance of not
less than 20 feet.
***Section 3804.2, Exception; add an exception 2 to read as follows:
Exceptions:
1.
2.
Except as permitted in 308 and 3804.3.2, LP-gas containers are not permitted in
residential areas.
3804.3.2 Spas, pool heaters and other listed devices. Where natural gas service is not
available, an LP-Gas container is allowed to be used to supply spa and pool heaters or other
listed devices. Such container shall not exceed 250-gallon water capacity per lot. See Table
3804.3 for location of containers.
Exception: Lots where LP can be off loaded wholly on the property where the tank is
located; may install 500 gallon above ground or 1,000 gallon underground approved
containers.
***Table 4604.7, footnote a; change to read as follows:
a.
Buildings constructed under the 2003 or 2006 IBC and equipped throughout with an
automatic sprinkler system in accordance with Section 903.3.1.1 or 903.3.1.2.
4604.23 Egress path markings. Existing buildings of Groups A, B, E, I, M, and R-1
having occupied floors located more than 55 feet (16,764 mm) above the lowest level of
fire department vehicle access shall be provided with luminous egress path markings in
accordance with Section 1024.
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Exception: Open, unenclosed stairwells in historic buildings designated as historic under a
state or local historic preservation program.
(Ordinance 2004-28 sec. IV, adopted 8/30/04; 2006 Code, ch. 3, sec. 9.02; Ordinance 2012-32,
ARTICLE 3.04 JOB SITE MAINTENANCE
Sec. 3.04.001
Applicability
This article shall apply to all new construction, remodeling, and other construction activities
within the town that require a building permit. (Ordinance 2011-25, sec. 2 (18.01), adopted
6/20/11)
Sec. 3.04.002
Definitions
Construction debris. Debris and other waste building materials resulting from new construction
and demolition operations on pavements, buildings and other structures; provided, however, that
the term shall not include hazardous waste.
Container. A metal container supplied by the solid waste provider.
Debris. All dirt, concrete, rocks, bricks, wood, building materials, or other trash, refuse, or waste
materials, not including hazardous waste, generated by or as a result of a construction project.
Hazardous waste. Petroleum and petroleum products, radioactive materials, asbestos in any form
that is or could become friable, urea formaldehyde foam insulation, transformers or other
equipment that contains polychlorinated biphenyls, and radon gas, and any other chemicals,
materials or substances defined as or included in the definition of “hazardous materials,”
“hazardous wastes,” “hazardous substances,” “toxic wastes,” “toxic pollutants,” “contaminates,”
“pollutants,” “infectious wastes,” “medical wastes, “radioactive wastes,” “sewage sludges” or
words of similar import under any applicable environmental law.
Remodeling and repair construction debris. Debris and other waste building materials resulting
from remodeling and/or repair; provided, however, that the term shall not include hazardous
waste.
Solid waste provider. The entity with which the town has contracted to provide exclusive solid
waste and recyclable materials collection, transportation and disposal services for and within the
town limits.
(Ordinance 2011-24, sec. 2 (18.01), adopted 6/20/11; Ordinance 2011-25, sec. 2 (18.02), adopted
6/20/11)
Sec. 3.04.003
Cleanliness and waste disposal
(a) General requirements for new construction. All new residential and commercial
construction job sites within the town shall be maintained in such a manner so as to be free of all
construction debris from the commencement of permitted construction activity through the date
of final permit approval.
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(b) Container required. All construction debris generated by or related to a new residential or
commercial construction job site shall be wholly contained in a container. The container shall be
of sufficient capacity to prevent spillage, blowing debris or other unsightly or unsanitary
conditions. Each new residential and commercial construction job site within the town shall
utilize at least one (1) container, except as otherwise expressly provided herein. Such container
shall be located wholly on the single construction job site which it is servicing; provided,
however, that where two (2) construction job sites are adjacent, one (1) container placed at a
central location on one (1) or more of those job sites may be utilized to service both job sites.
Each container shall be of sufficient size to accommodate disposal of all construction debris from
the job site or sites for which the container is servicing.
(c) Time frame for placement and removal of container. A container shall be placed on the job
site(s) on or before the date of the first foundation inspection and shall be maintained upon the
job site(s) until final brick completion. Thereafter, the container may be removed; however, waste
containment shall be in accordance with this section.
(d) Other receptacles. After the removal of a container, construction debris shall be contained
in a proper waste disposal receptacle so that debris is wholly contained and not visible from the
street.
(e) Remodeling and repair. All residential and commercial remodeling and repair job sites
within the town shall be maintained in such a manner so as to be free of all remodeling and repair
construction debris from the commencement of permitted construction activity through the date
of final permit approval. Remodeling and repair construction debris shall be contained in a
container or shall be removed from the job site daily.
(Ordinance 2011-24, sec. 2 (18.02), adopted 6/20/11; Ordinance 2011-25, sec. 2 (18.03), adopted
6/20/11)
ARTICLE 3.05 DANGEROUS OR SUBSTANDARD BUILDINGS*
Sec. 3.05.001
Definitions
The following definitions shall apply in the interpretation and enforcement of this article:
Dangerous buildings. Buildings of any nature that are found to be dangerous, that are calculated
to increase the fire hazard, that injure, hurt or harm individuals or that may damage or injure
contiguous or adjacent lands, or which endanger life or health or are subversive of the public
health, safety and welfare and which have any one or all of the following defects, and shall
include, but not be limited to, the following:
(1)
Those buildings which, exclusive of the foundation, show thirty-three percent (33%)
or more of damage or deterioration of the supporting walls, beams, or other member
or members of the building or fifty percent (50%) of damage or deterioration of the
nonsupporting enclosing or outside walls or covering of the building.
*
State law reference–Authority of municipality to regulate dangerous and substandard structures,
V.T.C.A., Local Government Code, sec. 214.001 et seq.
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(2)
Those buildings which have been damaged by fire, wind or other causes so as to have
become dangerous to life, safety, morals or the general health and welfare of the
occupants or the people of the town.
(3)
Those buildings which have become or are so dilapidated, decayed, unsafe,
unsanitary or which utterly fail to provide amenities essential to decent living that
they are unfit for human habitation or are likely to cause sickness or disease so as to
work injury to the health, morals, safety or general welfare of those living therein.
(4)
Those buildings that have light, air and sanitation facilities which are inadequate to
protect the health, morals, safety or general welfare of those living therein.
(5)
Those buildings having inadequate facilities for egress in case of fire or panic, or
those having insufficient stairways, elevators, fire escapes or other means of
communication.
(6)
Those buildings which have parts thereof which are so attached that they may fall
and injure members of the public or property.
(7)
Those buildings which have a foundation that is not so free of holes, cracks,
buckling, crumbling and defects as to support adequately the dwelling structure.
(8)
Those buildings which do not have a floor, exterior wall and roof that is so free of
holes, cracks and loose, rotten, warped or protruding boards as to protect the
occupants of the dwelling or dwelling unit reasonably from weather elements and
from damage of collapse.
(9)
Those buildings existing in violation of any provisions of the building code of the
town or any provision of the town fire code or other codes of the town.
Urban nuisance. A premises or structure that:
(1)
Is reasonably dangerous to the physical health or safety of an occupant or other
persons; or
(2)
Its state of disrepair is such that it could reasonably cause injury, damage, harm or
inconvenience to the community and the use and enjoyment of property, materially
interfering with the property use or comfort and enjoyment of surrounding property,
taking into consideration the nature and use of the properties in the area and character
of the community in which they are situated, which condition would be substantially
offensive and annoying to persons of ordinary sensibilities, taste and habits living in
the community.
(Ordinance 97-13, sec. 1, adopted 5/13/97; 2006 Code, ch. 3, sec. 12.01)
Sec. 3.05.002
Penalty
It shall be unlawful for any person to violate any provision of this article, and any person
violating or failing to comply with any provision hereof shall be fined, upon conviction, in an
amount not more than two thousand dollars ($2,000.00), and a separate offense shall be deemed
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committed each day during or on which a violation occurs or continues. (Ordinance 97-13, sec.
10, adopted 5/13/97; 2006 Code, ch. 3, sec. 12.09)
Sec. 3.05.003
Uniform Code for the Abatement of Dangerous Buildings adopted
The Uniform Code for the Abatement of Dangerous Buildings, 1994 edition, together with all
appendices thereto, is hereby adopted and is incorporated herein in its entirety; provided,
however, that to the extent of any conflict between the Uniform Code and the terms of this article,
the terms of this article shall control. A copy of the Uniform Code for the Abatement of
Dangerous Buildings shall be kept on file in the office of the building official of the town.
Sec. 3.05.004
Powers of town council
The town council shall have the following authority:
(1)
To require the demolition of a building to be found to be a dangerous building and/or
an urban nuisance or a structure found to be an urban nuisance;
(2)
To require, as an alternative to demolition of a building found to be a dangerous
building and/or an urban nuisance or a structure found to be an urban nuisance, the
repair of the structure by the owner or by the town;
(3)
If a building determined to be a dangerous building or an urban nuisance is not
vacated, secured or demolished as required by order of the town council, the town
council may direct the town to vacate, secure, remove or demolish the building or
relocate the occupants at the expense of the town;
(4)
To require a vacant structure or vacant portion of a structure constituting a dangerous
building or an urban nuisance be securely closed and made safe;
(5)
To require or cause the correction of a dangerous condition on any land within the
town;
(6)
To grant a variance when, in the opinion of the commission, a literal interpretation of
this article would result in the imposition of an unnecessary or unreasonable
hardship;
(7)
To assess a civil penalty against a property owner at the time of an administrative
hearing before the town council on violations hereof in an amount not to exceed one
thousand dollars ($1,000.00) a day for each violation or, if the owner shows that the
property is the owner’s lawful homestead, in an amount not to exceed ten dollars
($10.00) a day for each violation, upon a showing that the property owner was
notified of the requirements of this article and the owner’s need to comply with the
requirements, and after notification the property owner committed an act in violation
of this article or failed to take an action necessary for compliance with this article;
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(8)
To cause an action to be brought in district court in accordance with section 214.003
of the Texas Local Government Code, as amended, for the appointment of a receiver
for property found to be an urban nuisance.
Sec. 3.05.005
Hearing procedures
Prior to exercising any authority given to the town council by this article or by state law in
connection with a dangerous building or an urban nuisance, the town council shall conduct a
public hearing to determine whether or not there exists on the property in question a dangerous
building or an urban nuisance. In making that determination, the town council shall conduct a
public hearing on the matter in accordance with the following:
(1)
Notice of the public hearing shall be provided:
(A)
By certified mail, return receipt requested, to the record owners of the affected
property, sent to the last known address, and each mortgagee, lienholder and
each holder of a recorded lien against the affected property, as shown by the
records of the county clerk of the county of [where] the affected property is
located, if the address of the lienholder can be ascertained from the applicable
instruments on file in the office of the county clerk; and
(B)
To all unknown owners by posting a copy of the notice on the front door of
each improvement situated on the affected property or as close to the front as
practicable.
(2)
The notice shall be mailed and posted before the 10th day preceding the date of the
hearing before the council and must state the date, time and place of the hearing.
(3)
If the notice sent to the last known address of the person being notified is returned
undelivered, the building official may serve the notice personally if the person to be
notified can be found in Denton or Tarrant County, Texas. If notice sent to an owner
is returned undelivered and, after diligent search, the building official is unable to
discover a correct address or is unable to serve the owner personally, then the
building official shall give notice by publication in the official newspaper of the town
at least five days before the hearing.
(4)
The notice shall contain the following:
(A)
A legal description of the property under consideration;
(B)
A description of the violation of the municipal standards that is present at the
building;
(C)
A statement that the owner, lienholder, or mortgagee will be required to submit
at the hearing proof of the scope of any work that may be required to comply
with this article and other relevant codes of the town and the time it will take to
reasonably perform the work; and
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(D)
A statement that the town will vacate, secure, remove, repair or demolish the
building or relocate the occupants of the building if the ordered action is not
taken within a reasonable time.
(5)
At each hearing of the town and [sic] owner, lessor, occupant or lienholder may
present witnesses in his own behalf and is entitled to cross-examine witnesses
appearing against him.
(6)
After a public hearing, the council shall enter an order making a determination as to
whether or not the property under consideration constitutes and/or contains a
dangerous building or urban nuisance. An order of the town council is final.
(7)
At the public hearing to determine whether a building complies with the standards
and requirements set out herein, the owner, lienholder or mortgagee of the affected
property has the burden of proof to demonstrate the scope of any work that may be
required to comply with this article and the time it will take to reasonably perform the
work.
(Ordinance 97-13, sec. 3, adopted 5/13/97; 2006 Code, ch. 3, sec. 12.03; Ordinance adopting
Code)
Sec. 3.05.006
Order of town council
(a) In conducting a hearing under this article, the town council shall require the owner,
lienholder or mortgagee of the dangerous building to within thirty (30) days:
(1)
Secure the building from unauthorized entry; and
(2)
Repair, remove or demolish the building, unless the owner or lienholder establishes
at the hearing that the work cannot reasonably be performed within thirty (30) days.
(b) If the town council allows the owner, lienholder or mortgagee more than thirty (30) days to
repair, remove or demolish the building, the town council shall establish specific time schedules
for the commencement and performance of the work and shall require the owner, lienholder or
mortgagee to secure the property in a reasonable manner from unauthorized entry while the work
is being performed.
(c) The town council shall not allow the owner, lienholder or mortgagee more than ninety (90)
days to repair, remove or demolish the building or fully perform all work required to comply with
the order unless the owner, lienholder or mortgagee:
(1)
Submits a detailed plan and time schedule for the work at a hearing; and
(2)
Establishes at the hearing that the work cannot reasonably be completed within
ninety (90) days because of the scope and complexity of the work.
(d) If the town council allows the owner, lienholder or mortgagee more than ninety (90) days
to complete any part of the work required to repair, remove or demolish the building, the town
council shall require the owner, lienholder or mortgagee to regularly submit progress reports to
the town to demonstrate that the owner, lienholder or mortgagee has complied with the time
schedules established for commencement and performance of the work. The order may require
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that the owner, lienholder or mortgagee appear before the town council or such other person as
the council may designate to demonstrate compliance with the time schedules.
(e)
Within ten (10) days after the date that the order is issued, the town shall:
(1)
File a copy of the order in the office of the town secretary; and
(2)
Publish in a newspaper of general circulation in the town a notice containing:
(A)
The street address or legal description of the property;
(B)
The date of the hearing;
(C)
A brief statement indicating the results of the order; and
(D)
Instructions stating where a complete copy of the order may be obtained.
(f) After the hearing and entry of order, the town shall promptly mail by certified mail, return
receipt requested, a copy of the order to the owner of the building and to any lienholder or
mortgagee of the building.
Sec. 3.05.007
Failure to comply with order
A person commits an offense if he fails to correct a violation of this article in compliance with an
order of the town council that has become final. It is a defense to prosecution under this section
that the order of the town council has been appealed to the district court. (Ordinance 97-13, sec.
5, adopted 5/13/97; 2006 Code, ch. 3, sec. 12.05)
Sec. 3.05.008
(a)
Minimum standards; responsibilities of owner
Property standards. An owner shall:
(1)
Eliminate a hole, excavation, sharp protrusion, and any other object or condition that
exists on the land and is reasonably capable of causing injury to a person;
(2)
Securely cover or close a well, cesspool or cistern;
(3)
Provide solid waste receptacles or containers when required by the town;
(4)
Provide drainage to prevent standing water and flooding on the land;
(5)
Remove dead trees and tree limbs that are reasonably capable of causing injury to a
person; and
(6)
Keep the doors and windows of a vacant structure [or] portion of a structure securely
closed to prevent unauthorized entry.
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(b)
Structural standards. An owner shall:
(1)
Protect the exterior surfaces of a structure which are subject to decay by application
of paint or other coating;
(2)
Fill hollow masonry supporting piers, if used, with concrete, and anchor the piers to
concrete footings with a 5/8-inch steel dowel;
(3)
Provide and maintain railings for stairs, steps, balconies, porches and elsewhere as
specified in the town’s building code;
(4)
Repair holes, cracks and other defects reasonably capable of causing injury to a
person in stairs, porches, steps and balconies;
(5)
Maintain a structure intended for human occupancy and its [any] structure used as an
accessory to a structure intended for human occupancy in a weathertight and
watertight condition;
(6)
Maintain floors, walls, ceilings, and all supporting structural members in a sound
condition, capable of bearing imposed safety loads;
(7)
Provide cross-ventilation as prescribed in the building code;
(8)
Repair or replace chimney flues and attachments that do not function properly;
(9)
Repair holes, cracks, breaks, and loose surface materials that are health or safety
hazards in or on floors in or on floors, walls and ceilings;
(10) Provide and maintain a moisture-resistant finish or material for the flooring or
subflooring of each bathroom, shower room, and toilet room;
(11) Provide every habitable room with at least one window or skylight facing directly to
the outdoors;
(12) Provide every habitable room with at least one window or skylight which can be
easily opened, or such other device as will adequately ventilate the room;
(13) Provide every bathroom with the light and ventilation requirements for habitable
rooms, except that no window or skylight shall be required in adequately ventilated
bathrooms equipped with an approved ventilating system;
(14) Provide that common halls and inside stairways in every building, other than onefamily dwellings, be adequately lighted at all times with an illumination of at least
one (1) footcandle intensity at the floor in the darkest portion of the normally traveled
stairs and passageways;
(15) Provide and maintain the building foundation system in a safe manner and capable of
supporting the load which normal use may cause to be placed thereon;
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(16) Provide that every exterior wall be free of holes, breaks, loose or rotting boards or
timbers, and any other conditions which might admit rain or dampness to the interior
portions of the walls or to the occupied spaces of the building;
(17) Provide roofs which are structurally sound and maintained in a safe manner and
which have no defects which might admit rain or cause dampness in the walls or
interior portion of the building;
(18) Provide and maintain all portions, additions or sections of a roof, including but not
limited to fascia, eaves, soffit, sheathing, rafter tails, barge rafters, vent screening,
gutters, downspouts, roof jackets and lead or metal flashing;
(19) Provide and maintain every dwelling unit with safe, unobstructed means of egress
with a minimum ceiling height of seven feet (7') leading to a safe and open space at
ground level. Stairs shall have a minimum head room of six feet (6'), eight inches
(8");
(20) Provide and maintain protective railings on any unenclosed structure over thirty
inches (30") from the ground level or on any steps containing four risers or more;
(21) Provide and maintain every window substantially weathertight, watertight and
rodent-proof, and keep in sound working condition and good repair;
(22) Provide every exterior door, basement or cellar door and hatchway to be substantially
weathertight and rodent-proof, and kept in sound working condition and good repair;
(23) Provide every exterior door with properly installed hardware that is maintained to
insure reasonable ease of operation to open, close and secure in an open or closed
position, as intended by the manufacturer of the door and the attached hardware;
(24) Provide exterior door frames be properly maintained and affixed with weatherstripping and thresholds as required to be substantially weathertight, watertight and
rodent and insect restrictive when the door is in a closed position;
(25) Provide exterior door jambs, stops, headers and moldings securely attached to the
structure, maintained in good condition without splitting or deterioration that would
minimize the strength and security of the door in a closed position;
(26) Provide all exterior wood surfaces, other than decay-resistant woods, protected from
the elements and decay by painting or other protective covering or treatment;
(27) Provide and maintain garages, storage buildings and all other accessory structures in
good repair and sound structural condition;
(28) Provide every floor, interior wall and ceiling be substantially rodent-proof, kept in
sound condition and good repair and safe to use and capable of supporting the load
which normal use may cause to be placed thereon;
(29) Provide every toilet, bathroom and kitchen floor surface constructed and maintained
so as to be substantially impervious to water and so as to permit such floor to be
easily kept in a clean and sanitary condition;
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(30) Maintain every structural element of the dwelling structurally sound and show no
evidence of deterioration which would render it incapable of carrying normal loads;
(31) Provide and maintain interior stairs and stairwells more than four (4) risers high with
handrails located in accordance with the requirements of the building code. Handrails
or protective railings shall be capable of bearing normally imposed loads and be
maintained in good condition.
Sec. 3.05.009
Lien for town’s expenses and civil penalty; civil action to recover expenses
(a) The expense of repair, vacation, securing, removal, closure or demolition of a building or
structure when performed under contract with the town or by town forces, and any civil penalty
assessed against the owner thereof as provided for herein, constitutes a lien against the real
property on which the building or structure stands or stood, unless it is a homestead protected by
the state constitution, and the lien runs with the land. The town’s lien attaches when notice of the
lien is recorded and indexed in the office of the county clerk in the county in which the property
is located. The notice must contain the name and address of the owner, if reasonably
determinable, a legal description of the real property on which the building or structure is or was
located, the amount of expenses incurred by the town, and the balance due.
(b)
The town’s lien shall have the following priority:
(1)
The town’s lien for expenses incurred in the relocation of tenants or in the repair,
removal or demolition of a building is a privileged lien subordinate only to tax liens,
if each mortgagee and lienholder is given notice and opportunity to relocate the
tenants or to remove, repair or demolish the building;
(2)
Otherwise, the town’s lien to secure the payment of the costs for repair, removal or
demolition of a building or the payment of a civil penalty is inferior to any previously
recorded bona fide mortgage lien attached to the real property to which the town’s
lien attaches if the mortgage lien was filed for record in the county clerk’s office of
the county in which the real property is located before the date the civil penalty is
assessed or the repair, removal or demolition is begun by the town, but is superior to
all other previously recorded judgment liens. A lien acquired by the town under this
subsection for repair expenses may not be foreclosed if the property in which the
repairs were made is occupied as a residential homestead by a person sixty-five (65)
years of age or older.
(c) In addition to any other remedy provided herein or provided by other law, the town may
bring a civil action to recover expenses incurred by the town in the relocation of tenants or in the
repair, removal or demolition of a building.
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ARTICLE 3.06 ROOFING REQUIREMENTS
Sec. 3.06.001
Definitions
The terms “wood shingles” and “wood shakes” shall have the same meaning as those terms are
given in the currently adopted editions of the building codes. (Ordinance 95-22, sec. II, adopted
11/21/95; Ordinance 2001-18, sec. II, adopted 8/20/01; 2006 Code, ch. 3, sec. 11.01; Ordinance
adopting Code)
Sec. 3.06.002
Penalty
violating or failing to comply with any provision of this article shall be fined, upon conviction,
not less than one dollar ($1.00) nor more than two thousand dollars ($2,000.00), and a separate
offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ordinance 95-22, sec. VIII, adopted 11/21/95; Ordinance 2001-18, sec. XI, adopted 8/20/01;
2006 Code, ch. 3, sec. 11.07)
Sec. 3.06.003
Roof repair permit
No person shall replace or cause to be replaced more than twenty-five percent (25%) of the roof
covering on any building or structure located, placed, constructed or erected within the town
without first securing from the town a roof repair permit authorizing such replacement. The costs
for such roof repair permit shall be as set forth in the fee schedule in appendix A of this code.
(Ordinance 95-22, sec. V, adopted 11/21/95; Ordinance 2001-18, sec. V, adopted 8/20/01; 2006
Code, ch. 3, sec. 11.04)
Sec. 3.06.004
Appeals
Any decision made by the building official or designee pursuant to this article or appeals as to the
requirements of this article may be appealed to the town manager or designee within five (5)
working days of receipt of written notice of such decision by filing such appeal with the town
secretary. An appeal filed pursuant to this article shall specifically state the basis for the
aggrieved party’s challenge to the decision under this article. Decisions of the town manager or
designee shall be final. (Ordinance 2001-18, sec. VII, adopted 8/20/01; 2006 Code, ch. 3, sec.
11.06; Ordinance adopting Code)
Sec. 3.06.005
Architectural or laminated shingles required
From and after the effective date of this article, all shingles that are:
(1)
Installed as a roof covering on any building or structure for which a building permit
is issued by the town on or after the effective date of this article; or
(2)
Used to replace twenty-five percent (25%) or more of the roof covering on any
building or structure for which a building permit was issued or which was
constructed or erected prior to the effective date of this article;
shall be architectural or laminated shingles.
(Ordinance 2001-18, sec. III, adopted 8/20/01; 2006 Code, ch. 3, sec. 11.02)
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Sec. 3.06.006
(a)
Wood shingles and wood shakes prohibited
Wood shingles or wood shakes shall not be used as follows:
(1)
As a roof covering on any building or structure for which a building permit is issued
by the town on or after the effective date of this article; or
(2)
To replace more than twenty-five percent (25%) of the roof covering on any building
or structure for which a building permit was issued or which was constructed or
erected prior to the effective date of this article, which building or structure has a
wood shingle roof at the time of replacement.
(b) Wood shingles or wood shakes may be used to replace wood shingles or wood shakes on
any roof or structure, provided that:
(1)
All such replacements shall be deemed cumulative over a consecutive three (3) year
period such that no more than twenty-five percent (25%) of a roof on any building or
structure may be replaced with wood shingles or wood shakes during any such three
(3) year period; and
(2)
The wood shingles used as a replacement shall have equal or greater characteristics
of a thirty (30) year fire retardant warranty and must be approved by the town’s
planning and zoning commission.
(Ordinance 95-22, sec. IV, adopted 11/21/95; Ordinance 2001-18, sec. IV, adopted 8/20/01; 2006
Code, ch. 3, sec. 11.03)
Sec. 3.06.007
Compliance with the building codes
The terms of the currently adopted editions of the building codes shall apply to the repair or
replacement of roofs; provided, however, that where there is a conflict between this article and
the building codes, the terms of this article shall apply. (Ordinance 95-22, sec. VI adopted
11/21/95; Ordinance 2001-18, sec. VI, adopted 8/20/01; 2006 Code, ch. 3, sec. 11.05; Ordinance
adopting Code)
ARTICLE 3.07 SWIMMING POOLS AND SPAS
Sec. 3.07.001
Definitions
Unless otherwise provided for herein, the following terms shall have the respective meanings
ascribed to them:
Above-ground swimming pool. A structure in which the entire construction is above ground, or, if
partly above and partly below ground, the top of the receptacle basin is at least twenty-four inches
(24") above ground.
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In-ground swimming pool. A structure intended for swimming or recreational bathing that
contains water over twenty-four inches (24") deep and has a capacity of over seven hundred (700)
gallons that is dug into the ground.
Kiddie pool or wading pool. Any deflatable, portable or temporary special purpose pool or
receptacle set aside primarily for use by children with a depth no greater than twenty-four inches
(24").
Non-maintained. The failure to keep water clean and bacteria- and insect-free by chemical or
mechanical means.
Permitting department. The permitting department of the town.
Person. An individual, firm, corporation, partnership, sole proprietorship or any other entity
recognized in law.
Spa. A hydro-massage pool or tub, including but not limited to hot tubs, whirlpool baths and tubs
and Jacuzzi-type tubs or baths, for recreational or therapeutic use, not located in a health care
facility, designed for immersion of users and usually having a filter, heater, and motor-driven
blower. The spa is intended for recreational bathing and contains water over twenty-four inches
(24") deep.
Stagnant. Standing or non-flowing water.
Surface waters. Water collecting on the ground or in a stream, river, lake, wetland, or ocean.
Swimming pool. Any structure intended for swimming or recreational bathing that is designed to
contain water over twenty-four inches (24") deep and has a capacity of over seven hundred (700)
gallons. This includes in-ground, above-ground and on-ground swimming pools. As used in this
article, the term is limited to pools which are fitted with a filter for clarifying pool water, or which
are designed to be fitted with a filter, whether installed or not. The term shall not include facilities
located inside a residence, storable pools designed for seasonal set-up and use which are stored at
the end of the swimming season, or spas installed on decks or porches if a fitted hard cover
designed to prevent entry is maintained in place at all times when the spa is not in use.
Swimming pool filter backwash. Normal filter backwash water from both public and private
swimming pools as well as spas with backwash filter facilities.
Unsanitary. Not free from elements such as filth or pathogens that endanger health and hygiene.
(Ordinance 95-12, sec. II, adopted 7/18/95; Ordinance 2005-15, sec. II, adopted 6/20/05;
Code, ch. 3, sec. 15.01)
Sec. 3.07.002
Penalty
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VIII, adopted 7/18/95; Ordinance 98-28, sec. 4, adopted 10/20/98; Ordinance 2005-15, sec. XI,
adopted 6/20/05; 2006 Code, ch. 3, sec. 15.08; Ordinance 2007-16, sec. II, adopted 4/16/07)
Sec. 3.07.003
Applicability; prohibitions
(a) This article shall be applicable to all new swimming pools and spas hereafter constructed,
erected, or maintained, and shall also apply to all existing pools and spas which have a depth
greater than twenty-four inches (24") of water at any point, unless otherwise expressly provided
herein, including, without limitation, the exclusion provided in section 3.07.067(b) for pools built
or permitted prior to July 1, 2005. It shall be unlawful for any person to violate any provision of
this article.
(b)
No person shall construct, erect, or maintain an above-ground pool.
(c) No person in possession of land within the town, whether as owner, purchaser, lessee, or
licensee, upon which is situated a swimming pool having a depth greater than twenty-four inches
(24") or more of water at any point, shall fail to provide and maintain such fence or wall as herein
provided.
(d) Any and all unfenced swimming pools existing at the time this article is passed shall have
ninety (90) days to comply with the terms and requirements herein stated, from the effective date
of this article.
(e) It shall be unlawful for any person owning, leasing, claiming, occupying or having
supervision or control of any swimming pool that is subject to the provisions of this article to
permit the drainage of any swimming pool filter backwash and/or spent diatomaceous earth to the
storm drainage system, to surface waters, or to adjacent public or private property.
(f) It shall be unlawful for any person owning, leasing, claiming, occupying or having
supervision or control of any swimming pool, regardless of the depth of water it contains, within
the corporate limits of the town, to permit or allow swimming pool water to harbor or be a
breeding ground for mosquitoes, flies, or other pests or which causes a foul odor or adversely
impacts the public health and safety by any means.
(Ordinance 95-12, sec. III, adopted 7/18/95; Ordinance 2005-15, sec. III, adopted 6/20/05; 2006
Code, ch. 3, sec. 15.02; Ordinance 2007-16, sec. II, adopted 4/16/07; Ordinance 2008-22, sec. II,
adopted 8/18/08; Ordinance 2010-03, sec. II, adopted 2/1/10; Ordinance 2011-18, sec. 2.01,
adopted 5/2/11)
Sec. 3.07.004
Exceptions
(a) Kiddie pools or wading pools are exempt from the provisions of this article except as
specifically provided herein.
(b) Hot tubs, whirlpool baths and tubs, and Jacuzzi-type tubs or baths with a capacity of not
more than fifteen hundred (1,500) gallons shall be allowed above ground.
(c) In lieu of the fence requirement in division 3 of this article, rigid lock-down covers may be
allowed for hot tubs, whirlpool baths and tubs, Jacuzzi-type baths and tubs, and spas, provided
that prior approval is given through the fence permit application process and further provided that
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the cover is kept locked at all times that the hot tub, whirlpool bath and tub, Jacuzzi-type bath and
tub, and/or spa is not in use.
(Ordinance 95-12, sec. III, adopted 7/18/95; Ordinance 2005-15, sec. IV, adopted 6/20/05; 2006
Code, ch. 3, sec. 15.03; Ordinance 2007-16, sec. II, adopted 4/16/07)
Sec. 3.07.005
Notice of violation; failure to comply with notice
(a) Notice of violation. In the event that any person owning, claiming, occupying or having
supervision or control of any swimming pool within the corporate limits of the town fails to
comply with the provisions of this article, the town shall give at least ten (10) days’ notice in
writing to such person identifying the provision of this article violated and notifying the person of
the ten (10) day period for remediation of the violation. Such notice shall be given:
(1)
Personally to the owner in writing;
(2)
By letter addressed to the owner at the owner’s post office address or to the owner’s
address shown on the last approved tax rolls of the town; or
(3)
If personal service cannot be obtained or the owner’s post office address is unknown:
(A)
By publication at least twice within ten (10) consecutive days;
(B)
By posting the notice on or near the front door of each building to which the
violation relates; or
(C)
By posting the notice on a placard attached to a stake driven into the ground on
the property to which the violation relates, if the property contains no building.
(b) Performance of work by town. If the owner of property fails or refuses to comply with the
provisions of this article within ten (10) days of notice of a violation, the town may go upon such
property and do so or cause to be done the work necessary to obtain compliance with this article,
and may pay for the work done or improvements made and charge the expenses incurred in doing
or having same done to the owner of such property.
(c) Assessment of town’s expenses. The charges provided for in this article shall be levied,
assessed and collected by the town. In the event the owner of said premises upon which work was
done and charges were incurred fails or refuses to pay such charges and expenses within thirty
(30) days after the first day of the month following the one in which the work was done, the
mayor or his designee shall file or cause to be filed, with the county clerk of Denton or Tarrant
County, a statement by the town secretary setting out the expenses that the town has incurred
pursuant to the provisions of this article, and the mayor or his designee shall thereby perfect a
privileged lien on the property involved, second only to tax liens and liens for street
improvements, to secure the expense incurred, together with ten percent (10%) interest from the
date such payment was due. For any such expenditures and interest, as aforesaid, suit may be
instituted and foreclosure had in the name of the town, and the statement so made, as aforesaid, or
a certified copy thereof, shall be prima facie proof of the amount expended for any such work or
improvements.
(2006 Code, ch. 3, sec. 15.05; Ordinance 2007-16, sec. II, adopted 4/16/07; Ordinance adopting
Code)
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Sec. 3.07.006
(a)
Abatement without notice
The town may abate without notice the following:
(1)
Any violation of the fencing requirements of this article that adversely impacts the
public health and safety by any means by posing an immediate threat or hazard.
(2)
Unsanitary swimming pool water that adversely impacts the public health and safety
by any means by posing an immediate threat or hazard.
(b) Not later than the tenth (10th) day after the date the town abates the unsanitary swimming
pool water under this section, the town shall give notice to the property owner in the manner
required by section 3.07.005(a).
(c)
The notice shall contain:
(1)
An identification, which is not required to be a legal description, of the property;
(2)
A description of the violations of this article that occurred on the property;
(3)
A statement that the town abated the unsanitary swimming pool water; and
(4)
An explanation of the property owner’s right to request an administrative hearing
about the town’s abatement.
(d) The town manager or the manager’s designee shall conduct an administrative hearing on
the abatement under this section if, not later than the thirtieth (30th) day after the date of the
abatement, the property owner files with the town a written request for a hearing.
(e) An administrative hearing conducted under this section shall be conducted not later than the
twentieth (20th) day after the date a request for a hearing is filed. The owner may testify or
present any witnesses or written information relating to the town’s abatement.
(f) The town may assess expenses and create liens under this section as it assesses expenses
and creates liens under other provisions of this article.
(g) The authority of the town described by this section is in addition to the authority granted by
sections 3.07.002 and 3.07.005.
Sec. 3.07.007
Appeals
Any person aggrieved by the terms of this article or the interpretation, application, or enforcement
of this article, other than section 3.07.006, by the building official shall have the right to appeal
any action of the building official taken pursuant to this article. Any such appeal shall be brought,
by written application, filed by an interested party, to the town manager or designee within ten
(10) days following the action of the building official which is the subject of the appeal.
Enforcement of this article shall be stayed pending such appeal, except that such appeal does not
stay the owner’s or applicant’s requirement to comply with temporary fencing regulations
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specified herein, or as specified by other applicable laws, during the appeal period. In hearing
such appeals, the building board of appeals shall review the determination of the building official
and, in so doing, may consider whether or not the regulations and standards of this article will, by
reason of exceptional circumstance or surroundings, constitute a practical difficulty or
unnecessary hardship. The decision of the building board of appeals shall be final. (Ordinance 9512, sec. V, adopted 7/18/95; Ordinance 2005-15, sec. VI, adopted 6/20/05; 2006 Code, ch. 3, sec.
15.07; Ordinance 2007-16, sec. II, adopted 4/16/07; Ordinance adopting Code)
Secs. 3.07.008–3.07.030
Reserved
Division 2. Permit
Sec. 3.07.031
Application
The following information shall be required for each swimming pool permit application:
(1)
Applicant’s name and address.
(2)
If person represents a corporation, partnership or other legal entity, the address of the
president or registered agent of the entity.
(3)
Name of the foreman or contractor in charge of construction.
(4)
Name of the owner of the property.
(5)
Address of the location where the swimming pool is to be constructed.
(6)
Size of swimming pool.
(7)
Approximate value.
(8)
Two (2) site plans showing the location of the swimming pool in relation to the
property lines with the distance indicated from the pool to any structures and to the
property boundaries. All measurements shall be from the pool structure itself and not
from the water’s edge and also show property setback lines, drainage plan, location
of any and all drainage and/or public utility easements, and the location of the
required and/or existing fence.
(9)
Fence permit, if applicable.
(2006 Code, ch. 3, sec. 15.04(A). See end of this division for full history for this division.)
Sec. 3.07.032
Fees
Permit fees, in accordance with the fee schedule in appendix A of this code, shall be paid prior to
the issuance of a permit and the commencement of construction of a swimming pool. (2006 Code,
ch. 3, sec. 15.04(B). See end of this division for full history for this division.)
(Ordinance 95-12, sec. IV, adopted 7/18/95; Ordinance 2005-15, sec. V, adopted 6/20/05; 2006
Code, ch. 3, sec. 15.04; Ordinance 2007-16, sec. II, adopted 4/16/07)
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Secs. 3.07.033–3.07.060
Reserved
Division 3. Standards
Sec. 3.07.061
(a)
(b)
Fence requirements
Permanent fence.
(1)
Before a swimming pool, hot tub, whirlpool bath and tub, Jacuzzi-type bath and tub,
and/or spa is filled with water, a permanent fence shall be erected surrounding the
pool, which shall conform to the International Building Code as adopted and
amended by the town.
(2)
The pool contractor or other person constructing a pool is responsible for the
construction of a permanent fence that complies with this article and all other
applicable regulations. The property owner is responsible for the maintenance of a
permanent fence that complies with this article and all other applicable regulations.
(3)
It shall be unlawful to maintain any swimming pool, hot tub, whirlpool bath and tub,
Jacuzzi-type bath and tub, and/or spa in the corporate limits of the town which is not
fenced in accordance with the requirements of this section and all other applicable
codes.
Temporary fence.
(1)
Prior to commencement of and during the construction of a swimming pool, a
temporary fence shall be erected and maintained around the swimming pool
construction site, which shall limit access to the construction site at all times except
when construction is actually in progress. The top of the temporary fence shall be at
least four feet (4') in height. The wall of a dwelling may serve as part of the fence.
(2)
All inspections will be canceled if a temporary fence is not installed on the job site,
and a reinspection fee will be assessed in an amount set by the fee schedule in
appendix A of this code. Continued failure to enclose the site with a temporary fence
may result in a citation being issued to the pool contractor.
State law references–Swimming pool enclosures, V.T.C.A., Local Government Code, sec. 214.101 et seq.;
pool yard enclosure for multiunit rental complex, property owners’ association, etc., V.T.C.A., Health and
Safety Code, ch. 757.
Sec. 3.07.062
Form survey required
A form survey shall be submitted and approved by the building inspector prior to calling for the
first inspection. (2006 Code, ch. 3, sec. 15.04(D). See end of this division for full history for this
division.)
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Sec. 3.07.063
Inspections
Prior to the issuance of a certificate of completion, the swimming pool shall pass each of the
following inspections:
(1)
Belly steel and ground steel;
(2)
Deck steel and ground;
(3)
Gas line inspection (if applicable) and P-trap/backwash inspection. Before the
backwash, P-trap and gas line are covered in any way, those items shall be inspected
and approved. All pools shall have a P-trap and backwash line connected to the
sanitary sewer.
(4)
Drainage survey. The pool final inspection will not be approved if the inspector
determines that the grading and drainage of the lot is not in compliance with the
approved drainage plans for the subdivision. If the inspector cannot determine the lot
water flow, an engineered survey shall be required.
(5)
Final inspection, including the fencing. At the final inspection, all local requirements,
state requirements and town-approved building codes must be met.
(2006 Code, ch. 3, sec. 15.04(E). See end of this division for full history for this division.)
Sec. 3.07.064
Lighting
All lighting of a swimming pool shall be shielded or directed to face away from adjoining
residences. If lights are not individually shielded they shall be so placed, or the enclosing wall or
fence shall be so designed, that direct rays from the lights shall not be visible from adjacent or
contiguous properties. (2006 Code, ch. 3, sec. 15.04(F). See end of this division for full history
for this division.)
Sec. 3.07.065
Plumbing and electrical work
All electrical and plumbing work shall be performed by licensed contractors in accordance with
the requirements of the town-approved building code, as amended, and all other applicable codes
or regulations. (2006 Code, ch. 3, sec. 15.04(G). See end of this division for full history for this
division.)
Sec. 3.07.066
Location of pool
(a) All swimming pools, to include but not limited to kiddie and wading pools, shall be located
within the side and/or rear yard and shall not encroach upon any identified easement.
(b) Pools located in a side yard must be a minimum of twenty (20) feet behind the front
elevation of the primary structure.
(c)
The water’s edge of the swimming pool must be at least six (6) feet from any property line.
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(d) If the water’s edge of the swimming pool is located closer than six (6) feet to the primary
dwelling, an engineer’s letter, stamped by all applicable engineers, stating the excavation will not
in any way harm the structural integrity of the primary dwelling, will be required at the time of
plan submittal.
(2006 Code, ch. 3, sec. 15.04(H). See end of this division for full history for this division.)
Sec. 3.07.067
Draining of pool
(a) On any new swimming pool permitted on or after June 24, 2005, all backwash or drainage
from a swimming pool shall discharge into the sanitary sewer system. An indirect connection
shall be made by means of an air break discharging into a tail piece installed a minimum of 6" or
152 mm above adjacent grade. The tailpiece shall be connected to a minimum 3" or 76 mm P-trap
not less than 12" (304 mm) below grade which discharges into the yard clean-out riser.
(b) Owners of existing pools (pools built or permitted prior to July 1, 2005) are not required by
this section to retrofit the pool equipment and tie into the sanitary sewer.
(c) Failure to comply with this section shall be unlawful and shall constitute a violation of this
article.
(2006 Code, ch. 3, sec. 15.04(I). See end of this division for full history for this division.)
Sec. 3.07.068
Screening
All swimming pool equipment shall be screened from the view of the public and from the view of
adjacent private properties. (2006 Code, ch. 3, sec. 15.04(J). See end of this division for full
history for this division.)
Sec. 3.07.069
Health and safety standards; clarity of water
(a) The water in all swimming pools within the town, public or private, shall be of sufficient
clarity such that the bottom of the swimming pool is visible to the naked eye. In order to help
achieve this objective, each swimming pool shall have a minimum fee residual chlorine of one (1)
part per million.
(b)
In addition, no swimming pool water shall have an acid reaction to a standard pH test.
(c) All pools shall be treated, altered or maintained so as to prevent the development of
unsanitary conditions.
(d) Pools under construction or which are no longer being operated shall be maintained in a
manner so as to prevent the development of unsanitary conditions, potential injury or possible
drowning.
(e) Wastewater from a swimming pool that is subject to the provisions of this article shall be
discharged into a sanitary sewer. There shall be no direct physical connection between the sewer
system and any drain from the swimming pool or circulation system.
(2006 Code, ch. 3, sec. 15.04(K). See end of this division for full history for this division.)
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Sec. 3.07.070
Location of equipment
No pool equipment shall be placed within a required or established front yard or within any
identified easement. Equipment necessary for or related to the operation of the pool shall not be
affixed to any required perimeter fence or common fences between property owners. (2006 Code,
ch. 3, sec. 15.04(L). See end of this division for full history for this division.)
(Ordinance 95-12, sec. IV, adopted 7/18/95; Ordinance 2005-15, sec. V, adopted 6/20/05; 2006
Code, ch. 3, sec. 15.04; Ordinance 2007-16, sec. II, adopted 4/16/07; Ordinance 2008-22, sec. II,
adopted 8/18/08; Ordinance 2009-29, sec. 2.01, adopted 11/2/09; Ordinance 2011-18, secs. 2.02,
2.03, adopted 5/2/11)
ARTICLE 3.08 MOBILE HOMES, MANUFACTURED HOMES, TRAILERS
AND SIMILAR STRUCTURES
Sec. 3.08.001
Definitions
For the purpose of this article, the words and phrases defined shall be construed in accordance
with the definitions set forth hereinafter, unless it is apparent from the context that a different
meaning is intended:
Boat. Any and all watercraft structures which are designed for carrying persons or property upon
a body of water.
HUD-code manufactured home. A structure, constructed on or after June 15, 1976, according to
the rules of the United States Department of Housing and Urban Development, transportable in
one or more sections, which, in the traveling mode, is eight body feet or more in width and 40
body feet or more in length, or, when erected on-site, is 320 or more square feet, and which is
built on a permanent chassis and designed to be used as a dwelling with or with a permanent
foundation when connected to the required utilities, and includes the plumbing, heating, air
conditioning, and electrical systems.
Mobile home. A structure that was constructed before June 15, 1976, transportable in one or more
sections, which, in the traveling mode, is eight body feet or more in width and 40 body feet or
more in length, or, when erected on-site, is 320 or more square feet, and which is built on a
permanent chassis and designed to be used as a dwelling with or without a permanent foundation
when connected to the required utilities, and includes the plumbing, heating, air conditioning, and
electrical systems.
Recreational vehicle. Any motor vehicle or trailer designed and used as a travel trailer, camper,
tent trailer, camping trailer or for any similar purpose.
Trailer. A vehicle with or without motive power designed for carrying persons or property and
for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the
towing vehicle, and includes, but is not limited to, semi-trailers, pole trailers, and house trailers as
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those terms are defined in Texas Transportation Code section 541.201 (Vernon 1998), as
amended.
(Ordinance 1999-02, sec. I, adopted 1/19/99; Ordinance 2002-36, sec. I, adopted 10/7/02; 2006
Code, ch. 5, sec. 1.01)
Sec. 3.08.002
Penalty
Any person, firm, corporation or association violating any of the provisions of this article shall be
deemed guilty of a misdemeanor, and upon conviction in the municipal court of the town shall be
subject to a fine not to exceed five hundred dollars ($500.00) for each offense, and each and
every day that the premises shall remain in a condition in violation of the terms of this article
shall constitute a continuing and separate offense, subject to application of the full penalty
contained herein. (Ordinance 1999-02, sec. XII, adopted 1/19/99; Ordinance 2002-36, sec. X,
Secs. 3.08.003–3.08.030
Reserved
Division 2. Mobile Homes and Manufactured Homes
Sec. 3.08.031
Mobile homes restricted
It shall be unlawful for any person to install, construct, erect, maintain, place or locate any mobile
home within the corporate limits of the town, except that a mobile home shall be allowed in a
designated mobile home/modular home district. (Ordinance 1999-02, sec. II, adopted 1/19/99;
Sec. 3.08.032
Replacement of mobile homes
It shall be unlawful for any person to replace a mobile home, as that term is defined in V.T.C.A.,
Occupations Code, chapter 1201, as amended, with another mobile home. A mobile home may be
replaced with a HUD-code manufactured home, provided a permit is secured from the town prior
to such replacement. (Ordinance 1999-02, sec. III, adopted 1/19/99; Ordinance 2002-36, sec. III,
Sec. 3.08.033
Permit required for installation, maintenance or alteration
It shall be unlawful for any person to install, construct, erect, maintain, place, locate, extend or
alter any mobile home within the town, and it shall be unlawful for any person to install,
construct, erect, maintain, place, locate, extend or alter any HUD-code manufactured home within
the corporate limits of the town, unless such person holds a valid permit issued by the town
building official or his designee in the name of such person for the specific construction, erection,
maintenance, placement, location, placement, location, extension or alteration. (Ordinance 199902, sec. IV, adopted 1/19/99; Ordinance 2002-36, sec. IV, adopted 10/7/02; 2006 Code, ch. 5, sec.
1.04)
Sec. 3.08.034
All applications for permits shall contain the following:
(1)
Name and address of the applicant;
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(2)
Location and legal description of the HUD-code manufactured home or designated
mobile home park;
(3)
A description of the HUD-code manufactured home;
(4)
Such other information as the town officials reviewing the application may require.
(Ordinance 1999-02, sec. V, adopted 1/19/99; Ordinance 2002-36, sec. V, adopted 10/7/02; 2006
Code, ch. 5, sec. 1.05)
Secs. 3.08.035–3.08.070
Reserved
Division 3. Storage and Occupancy of Trailers, Boats, Commercial Vehicles and
Recreational Vehicles
Sec. 3.08.071
Boats or trailers tied into utility service; construction trailers
It shall be unlawful for any person to locate or maintain any boat or trailer which is tied into
utility service within the town, except that trailers used exclusively in conjunction with
construction projects shall not be subject to the prohibition of this section. Such construction
trailers shall be located on the construction site and must be removed from said site no later than
seven (7) days after completion of construction. (Ordinance 1999-02, sec. VI, adopted 1/19/99;
Ordinance 2002-36, sec. VI, adopted 10/7/02; 2006 Code, ch. 5, sec. 1.06)
Sec. 3.08.072
Screening or enclosure of commercial vehicles, boats and trailers
(a) It shall be unlawful for any person who is a resident of the town to locate or maintain any
truck or commercial motor vehicle with a registered gross vehicle weight of ten thousand
(10,000) pounds or greater, a boat, or a trailer within the town for more than two (2) days per
month unless the truck or commercial motor vehicle, boat, or trailer is enclosed in a garage or
screened behind a solid fence no greater than six (6) feet in height, or eight (8) feet in height
where allowed by ordinance, and is not visible from a public street. A truck or commercial motor
vehicle, boat, or trailer shall be deemed screened behind a solid fence when no portion of the
truck, commercial motor vehicle, boat or trailer is visible through the fence from a public street,
and no more than eighteen (18) inches of such truck, commercial motor vehicle, boat or trailer is
visible above the top of the fence from a public street. Garages, fences and screening materials
shall be in compliance with all other town ordinances and regulations.
(b) As used herein, the term “commercial motor vehicle” shall mean any motor vehicle, other
than a motorcycle, designed or used for the transportation of property or persons, including,
without limitation, vehicles used for delivery purposes.
(Ordinance 1999-02, sec. VII, adopted 1/19/99; Ordinance 2002-36, sec. VII, adopted 10/7/02;
2006 Code, ch. 5, sec. 1.07; Ordinance 2010-19, sec. II, adopted 8/2/10)
Sec. 3.08.073
Recreational vehicles
(a) It shall be unlawful for any resident to locate or maintain a recreational vehicle within the
town for more than two (2) days per month unless such recreational vehicle is located within a
fully enclosed structure. For purposes of this section, “structure” shall mean an enclosed building
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with four walls and a roof which is constructed of material allowed for accessory structures in the
town’s zoning ordinance for the zoning district in which the structure is located, and such term
does not include a tarp or other cloth coverage.
(b) Any guest of a resident of the town may locate a recreational vehicle within the town for a
period not to exceed forty-eight (48) consecutive hours. It shall be unlawful for any such guest to
locate a recreational vehicle in the town for a period exceeding forty-eight hours.
(c) Any resident who has a guest who will locate a recreational vehicle within the town as
described in subsection (b) of this section must register such recreational vehicle with the
planning and zoning administrator before the time said recreational vehicle is located within the
town. Such registration shall consist of the address where the recreational vehicle shall be located,
the duration the recreation vehicle is to remain at the address, and the name of the person who
resides at the residence.
(Ordinance 1999-02, sec. VIII, adopted 1/19/99; Ordinance 2002-36, sec. VIII, adopted 10/7/02;
2006 Code, ch. 5, sec. 1.08)
Sec. 3.08.074
Presumption that registered owner is responsible for violation
When any truck or commercial vehicle, recreational vehicle, boat or trailer is found located or
parked in violation of any provision of this article or other codes of the town, such fact shall be
prima facie evidence that the person in whose name it is registered located or parked the vehicle.
(Ordinance 1999-02, sec. IX, adopted 1/19/99; Ordinance 2002-36, sec. IX, adopted 10/7/02;
2006 Code, ch. 5, sec. 1.09)
ARTICLE 3.09 SIGNS*
Sec. 3.09.001
Definitions
Unless otherwise provided for herein, the following terms shall have the respective meanings
ascribed to them:
Awning. A roof-like structure, usually made of canvas, that serves as a shelter, as over a
storefront, window, door or deck. Also, an architectural projection that provides weather
protection, identity or decoration, and is supported by the building to which it is attached.
Changeable electronic variable message sign (CEVMS). A sign which permits light to be turned
on or off intermittently or which is operated in a way 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 a light emitting
diode (LED) or electronic message board or digital sign, and which varies in intensity or color. A
CEVMS 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, as
amended.
*
State law reference–Authority of municipality to regulate signs, V.T.C.A., Local Government Code, ch.
216.
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Designated official. The town manager or his or her designee.
Dilapidated or deteriorated condition. Any sign which, in the reasonable discretion of the
designated official, has any one or more of the following characteristics:
(1)
Where elements of the surface or background can be seen, as viewed from the rightof-way, to have portions of the finished material or paint flaked, broken off, or
missing, or otherwise not in harmony with the rest of the surface;
(2)
Where the structural support or frame members are visibly bent, broken, dented, or
torn;
(3)
Where the panel is visibly cracked, or, in the case of wood and similar products,
splintered in such a way as to constitute an unsightly or harmful condition;
(4)
Where the sign or its elements are twisted or leaning or at angles other than those at
which it was originally erected (such as may result from being blown or by the failure
of a structural support); or
(5)
Where the message or wording can no longer be clearly read by a person with normal
eyesight under normal viewing conditions.
Electronic message board. A sign with a fixed or changing display/message composed of a series
of lights that may be changed through electronic means. Signs whose alphabetic, pictographic, or
symbolic informational content can be changed or altered on a fixed display screen composed of
electrically illuminated segments. The term includes a programmed electronic display.
Graffiti. Any marking, including but not limited to any inscription, slogan, drawing, painting,
symbol, logo, name, character, or figure, that is made in any manner on tangible property.
Guardian.
(1)
A person who, under court order, is the guardian of the person of a minor; or
(2)
A public or private agency with whom a minor has been placed by a court.
Height of sign. As applied to a sign, height shall be measured as the vertical distance between the
highest part of the sign or its supporting structure, whichever is higher, and natural grade at the
center of the base of the sign.
Illumination, direct. Lighting by means of an unshielded light source, including neon tubing,
strobes, etc., which is effectively visible as part of the sign, where the light travels directly from
the source to the viewer’s eye.
Illumination, indirect. Lighting by means of a light source, not itself visible, which is directed at a
reflecting surface in such a way as to illuminate the sign, or a light source which is primarily
designed to illuminate the entire building facade upon which a sign is displayed. Indirect
illumination does not include lighting which is primarily used for purposes other than sign
illumination, e.g., parking lot lights or lights inside a building which may silhouette a window
sign but which are primarily installed to serve as inside illumination.
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Illumination, internal. Lighting by means of a light source which is within a sign having a
translucent background, silhouetting opaque letters or designs, or which is within letters or
designs that are themselves made of a translucent material.
Light source. Neon lights, fluorescent lights, incandescent lights, halogen lights and any
reflecting surface which, because of its construction and/or placement, becomes in effect a source
of light emission.
Logo. A design, registered trademark or insignia of an organization, individual, company, or
product which is commonly used in advertising to identify that organization, individual, company
or product.
Masonry. Formed concrete, concrete block, cinderblock or similar material with facing added to
their exposed surface.
Minor. A person under 18 years of age who is not and has not been married or who has not had
his disabilities of minority removed for general purposes.
Owner. Any person with the legal or equitable right of possession to any property.
Parent. The mother, a man presumed to be the biological father or a man who has been
adjudicated to be the biological father by a court of competent jurisdiction, or an adoptive mother
or father, but does not include a parent as to whom the parent-child relationship has been
terminated.
Premises. Land, including the building upon it; a building or a part of a building.
Private real property. Land, including land containing structures or other improvements, which is
owned by one or more persons, a private institution or organization, a private company or
companies or other privately owned businesses. Private real property does not include real
property subject to an easement or other encumbrance that allows a municipality to use the
property for a public purpose.
Programmed electronic display. Any display in which lamps are used to give information such
as, but not limited to, time, temperature, or stock market data and which may or may not be
electronically programmed to deliver different messages.
Property. Any tangible personal or real property.
Raceway. A rectangular tube used for the purpose of enclosing electrical components such as
wiring, transformers, etc.
Right-of-way. A strip of land used or intended to be used, wholly or in part, as a public street,
alley, crosswalk, sidewalk, drainageway or other public way.
Sign. Any device or surface on which letters, illustrations, designs, figures or symbols are
painted, printed, stamped, raised, projected or in any manner outlined or attached, and used for
advertising purposes; temporary mobile signs and private directional signs shall be considered
signs for purposes of this article, regardless of the content of the message or wording thereon.
Political signs, except as expressly provided herein, mobile advertising, hand-carried signs, and
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vending machine signs shall not be considered signs for purposes of this article. Signs include but
are not limited to the following:
A-frame/sandwich board sign. A self-supporting “A” shaped sign with two visible sides
that is situated on or adjacent to a sidewalk.
Apartment sign. A sign identifying an apartment building or complex of apartment
buildings.
Awning sign. An awning displaying a business name or logo.
Bandit sign. Handbills, lost and found notices, advertisement sheets, and/or garage sale
signs attached to a tree, utility pole, traffic pole, fence post or other feature or structure that
is not designed nor intended to be a part of the structure. These do not include warning
signs or other signs required by state law to be placed on a utility pole, traffic pole or fence
post.
Banner sign. Any advertising device composed primarily of cloth, paper, fabric, or other
similar non-rigid material, supported by wire, rope, or similar means. National and state
flags and banners not used for commercial purposes, when located wholly on private
property, shall not be considered as signs for the purposes of this article.
Billboard sign. Any flat surface erected on a framework or on any structure, or attached to
posts, and used or designed to be used for the display of bills, posters or other advertising
material, for the purpose of advertising a business or activity not located on the same
premises as the advertising material. Mobile advertising, hand-carried signs, and political
signs shall not be considered a billboard for purposes of this article.
Builder sign. A temporary on-site sign identifying the builder or general contractor of a
residential construction site.
Bulletin board sign. A permanent on-site sign providing public information to the
residential subdivision within which it is located.
Business sign. A permanent on-site sign that is used to identify a business, profession,
apartment complex, organization, institution, service, activity or other nonresidential use
conducted, sold or offered on the site where such sign is located. This sign may also
identify the name of the site or development or may identify the occupants within the site
or development.
Canopy sign. A sign painted or affixed to a roof-like structure that shelters a use such as,
but not restricted to, a gasoline pump island, and is supported by either one or more
columns or by the building to which it is accessory and is open on two or more sides.
Development sign. A temporary on-site promotional sign pertaining to the development of
land or construction of buildings on the site where the sign is erected. In residential
districts, the intent of the sign shall be to promote a subdivision and not any particular
builder.
Directional sign. A permanent on-site sign intended to aid in vehicular movement on the
site.
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Directional (temporary real estate) sign. Off-premises “open house” and directional signs
intended to direct persons to premises offered for lease or sale.
Directory sign. A sign listing the occupants within a shopping center, retail district, office
districts, and commercial sites located on the same premises.
Electronic display sign. Refer to “Programmed electronic display.”
Fence sign. A sign that is affixed or attached to a fence, whether permanent or temporary.
Flashing sign. A sign which contains an intermittent or flashing light source or which
includes the illusion of intermittent or flashing light by means of animation or any
externally mounted light source. Electronic display signs are not considered flashing signs
for the purpose of this article.
Government sign. Signs required by governmental bodies or specifically authorized for a
public purpose by any administrative policy or guideline, code or other law. Such public
signs may be of any type, number, area, height, location, or illumination as required by law,
statute, or code. Said signs may also include traffic or similar regulatory devices, legal
notices, warnings at railroad crossings, and other instructional, informative, or regulatory
signs having to do with the general welfare, health, and safety of the community.
Ground sign. Any sign connected to the ground by legs, poles, or other supports and which
is not an attached, portable, monument, or vehicular sign.
Illegal nonconforming sign. A sign which was in violation of any of the codes of the town
governing the erection or construction of such a sign at the time of its erection, and which
has never been erected or displayed in conformance with all duly enacted codes, including
but not limited to signs which are pasted, nailed, painted or otherwise unlawfully displayed
upon structures, utility poles, trees, fences or other structures.
Illuminated sign. A sign that has characters, letters, figures, designs or outlines illuminated
by electrical lights, luminous tubes or other means.
Inflatable sign. A hollow sign expanded or enlarged by the use of air or gas.
Institutional sign. A permanent on-site sign used to identify governmental and municipal
agencies, public/private schools, churches, or similar public institutions, and used to
communicate messages of public importance to the general public.
Legal nonconforming sign. A sign which was lawfully erected and maintained prior to the
enactment of the sign code and any amendments thereto, and which does not conform to
current applicable regulations and restrictions of the sign code.
Model home sign. A temporary sign identifying a new home, either furnished or
unfurnished, as being the builder’s or contractor’s model open to the public for inspection.
Monument sign. A sign mounted on a solid base or pedestal with no visible space between
the sign and the base or pedestal. The sign is not mounted on visible poles, struts, wires, or
other visible structures. The sign base or pedestal shall be constructed of masonry material.
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Nameplate sign. A sign that identifies only the name of an individual, firm, or corporation,
which is attached to a structure and may contain the suite number or other directory
information concerning the location of the individual, firm or corporation within the
building.
Obsolete leased premises sign. An on-premises sign or sign structure that previously was a
legal sign, or a legal nonconforming sign; however, it remains on leased property after the
second anniversary of the date the tenant ceases to operate on the premises.
Obsolete sign. An on-premises sign or sign structure that previously was a legal sign, or a
legal nonconforming sign; however, it remains on the property after the first anniversary of
the date the business, person or activity that the sign or sign structure identifies or
advertises ceases to operate on the premises on which the sign or sign structure is located.
Off-premises sign. A sign which directs attention to goods, a business, commodity, service,
product, or entertainment location other than the site upon which such sign is located or to
which it is affixed. The term does not include special purpose signs.
On-premises sign. Any sign, the content of which relates to the site on which it is located,
referring exclusively to businesses, commodities, services, products, goods, or
entertainment on the site, or the sale, lease, or construction of those sites.
Permanent pole sign. Any freestanding, permanent, on-premises sign supported from the
ground up by upright structural members.
Pole (or pylon) sign. Any freestanding on-premises sign supported from the ground by
upright structural members.
Political sign. A sign that promotes a political issue or a candidate or candidates for public
office. Also, a sign of any political party, group, or idea that contains primarily a political
message.
Portable sign. A sign utilized by a government entity and that is not attached or affixed to
the ground, a building or other fixed structure or object. Portable signs include those signs
installed on mobile structures.
Projecting sign. A sign, except an awning, which projects from a building, and has one end
attached to a building or other permanent structure, including but not limited to a marquee
sign.
Protective sign. A sign that communicates a warning.
Real estate sign. A temporary sign supported by upright structural members and which
pertains to the sale or lease of the lot or tract of land on which the sign is located, or to the
sale or lease of one or more structures, or a portion thereof located thereon.
Rider sign. A supplemental sign attached to a real estate sign that provides limited but
additional information pertaining to the premises on which the real estate [sign] is placed.
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Roof sign. Any sign supported by the roof of a building, painted on the roof or eaves of a
building, or placed above the apparent flat roof or eaves of a building as viewed from any
elevation.
Service contractor sign. A temporary sign identifying the contractor(s) responsible for
work currently occurring on a premises.
Structurally alter sign. To change the form, shape or size of an existing sign or any
supportive or bracing elements of said sign, excluding temporary embellishments on a
changeable copy sign.
Structurally repair sign. The reconstruction or renewal of any part of the supportive or
bracing elements of an existing sign.
Special purpose sign. A temporary sign that is either on-premises or off-premises that
provides identification or information pertaining to a special event or occurrence sponsored
by a nonprofit or civic organization.
Temporary pole sign. A freestanding on-premises sign displayed for a temporary period of
time as provided in this article and supported from the ground up by upright structural
members.
Temporary sign. A sign which includes, but is not limited to, a sign, banner, pennant, flag,
searchlight, inflatable, outside display of merchandise or similar device which is to be
displayed for a limited period of time.
Vehicular sign. Any sign, not including bumper stickers, on or in a vehicle moving along
the ground or on any vehicle parked temporarily, incidental to its principal use for
transportation. This definition shall not include signs which are being transported to a site
of permanent erection, or lettering of a company vehicle that advertises only the company
name and address, or temporary signs (with an area of less than 3 square feet) attached to
vehicles which may be removed daily.
Wall sign. A sign attached or affixed parallel or flat to an exterior wall surface of a
building.
Window sign. A sign painted on or permanently affixed to a window or window area or any
sign located on the internal and/or external surface of the window, or is located within two
inches (2") of the window, of any establishment.
Sign permit. A permit issued under the authority of the town to erect, move, structurally alter or
structurally repair any specific billboard, sign or other outdoor advertising within the corporate
limits of the town.
Sign structure. Any portion of an advertising device, inclusive of its supports, or any device
solely designed for carrying an advertising message.
(Ordinance 2004-02, sec. II, adopted 1/19/04; Ordinance 2005-03, sec. 2, adopted 2/7/05; 2006
Code, ch. 5, sec. 4.01; Ordinance 2008-15, secs. 2.01, 2.02, adopted 5/19/08)
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Sec. 3.09.002
Penalty
XIX, adopted 1/19/04; Ordinance 2005-03, sec. 21, adopted 2/7/05; 2006 Code, ch. 5, sec. 4.16)
Sec. 3.09.003
Purpose; applicability
The purpose of this article is to protect those areas both within the corporate limits and within the
extraterritorial jurisdiction of the town from visual clutter and safety hazards resulting from driver
distraction. The regulations contained in this article are applicable to the incorporated limits and
the extraterritorial jurisdiction of the town. (Ordinance 2008-15, sec. 2.04, adopted 5/19/08; 2006
Code, ch. 5, sec. 4.03(A)
Sec. 3.09.004
Measurement of sign height
Sign height shall be measured as the vertical distance between the highest part of the sign or its
supporting structure, whichever is higher, and natural grade at the center of the base of the sign.
(Ordinance 2004-02, sec. III(A), adopted 1/19/04; Ordinance 2005-03, sec. 4(A), adopted 2/7/05;
2006 Code, ch. 5, sec. 4.03(B); Ordinance 2008-15, sec. 2.03, adopted 5/19/08)
Sec. 3.09.005
Conformance with other codes
All signs must conform to the regulations and design standards of the building code, UL
standards and other codes of the town. Wiring of all electrical signs must conform to the current
electrical code of the town. (Ordinance 2004-02, sec. III(B), adopted 1/19/04; Ordinance 200503, sec. 4(B), adopted 2/7/05; 2006 Code, ch. 5, sec. 4.03(C); Ordinance 2008-15, sec. 2.03,
adopted 5/19/08)
Sec. 3.09.006
Permit
(a) Required. Except as provided herein, no sign shall be erected, placed, displayed or located
without first obtaining a sign permit from the town.
(b) Application. Application for a permit for a permanent sign shall be made in writing upon
forms furnished by the designated official authorized [and] so designated to do so by the town
manager. The application for a sign permit shall contain the following information:
(1)
Applicant’s name, address and telephone number.
(2)
Name, address and telephone number of the owner of the property on which the sign
is to be located.
(3)
Name, address and telephone number of the lessee the sign is to benefit, if applicable.
(4)
Name, address and telephone number of the person/contractor erecting the sign.
(5)
Name, address and telephone number of the electrical subcontractor, if applicable.
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(6)
Type of sign and use classification.
(7)
Scaled site plan showing:
(8)
(A)
The location of the building, structure or tract to which or upon which the sign
is to be attached or erected;
(B)
The position of the sign in relation to nearby structures or other signs;
(C)
Dimensions of setbacks, building lines, and distances between the sign and
streets and property lines; and
(D)
Scaled drawings of the sign including height, width, area, design, text and logo.
The designated official may require the filing of additional plans or pertinent
information which, in the official’s opinion, are necessary to ensure compliance with
this article.
(c) Termination of permit. A sign permit may be terminated in accordance with the following
provisions:
(1)
A permit shall be active for the life of the sign, as long as it is in compliance with this
article.
(2)
A permit shall expire if the sign for which it has been issued has not been constructed
within ninety (90) days from the date of issuance.
(3)
A permit issued for any sign, including its supporting structure, shall automatically
expire in the event the sign shall fail inspection and such failure is not corrected
within sixty (60) days.
(4)
The designated official may suspend or revoke any permit whenever it is determined
that the permit has been issued in error or on the basis of incorrect or false
information supplied, or whenever such permit was issued in violation of the sign
code, any other code of the town, or the laws of the state or the federal government.
Such revocation shall be effective when communicated in writing to the person to
whom the permit is issued or the owner of the sign or the owner of the premises on
which the sign is located. Any sign for which a permit has been revoked shall be
immediately removed by the person in control of the sign or premises upon which the
sign is located within fifteen (15) business days of the receipt of the written notice of
revocation.
(5)
Any person may appeal the revocation of the sign permit by filing written notice of
the intention to appeal with the planning official no more than ten (10) business days
after the receipt of written notice of the revocation. The appeal will be forwarded to
the planning and zoning commission for review. The commission shall forward a
recommendation to the town council for final determination. The decision of the
town council shall be final.
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(d) Fee. A sign permit fee shall be paid to the town in accordance with the fee schedule in
appendix A of this code.
(Ordinance 2004-02, sec. X, adopted 1/19/04; Ordinance 2005-03, sec. 3, adopted 2/7/05; 2006
Code, ch. 5, sec. 4.02)
Sec. 3.09.007
Signs not requiring permit
The following signs shall not require a sign permit. These exceptions shall not be construed as
relieving the owner of the sign from the responsibilities of its erection, maintenance, and its
compliance with the provisions of this article or any other law or code regarding the same.
(1)
Banner signs on property of church or religious institution. Signs placed on property
belonging to a church or other religious institution for purposes of conveying
religious messages or providing the public with other information related to the
church or religious institution.
(2)
Changing of copy. The changing of advertising copy or message on a painted or
printed sign, or the changing of advertising copy or message on a changeable reader
board specifically designed for use of replaceable copy, not to include programmed
electronic display.
(3)
Government signs. Signs posted by duly constituted governmental authorities in
pursuance of their public duties.
(4)
Holiday decorations. Signs or materials displayed in a temporary manner during
traditional civic, patriotic or religious holidays.
(5)
Internal signs. Signs visible only from the premises on which located or visible from
off the premises only through a window or windows from which they are set back.
(6)
Memorial signs. Markers, plates, plaques, etc., when deemed an integral part of a
structure, building or landscape.
(7)
National and/or state flags. Display of flags is allowed.
(8)
Other signs. As and to the extent as provided for by section 3.09.018 of this article.
(9)
Political signs. As permitted in section 3.09.062.
(10) Real estate signs. As permitted in section 3.09.064.
(11) Vehicle signs. Signs located on motor vehicles or trailers bearing current license
plates and inspection stickers, when appropriate, which are traveling or lawfully
parked upon public roadways or lawfully parked upon any other premises for a
period not to exceed four hours or for a longer period where the primary purpose of
such parking is not the display of any sign.
(Ordinance 2004-02, sec. IX, adopted 1/19/04; Ordinance 2005-03, sec. 8, adopted 2/7/05; 2006
Code, ch. 5, sec. 4.07)
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Sec. 3.09.008
Temporary permits
The designated official of the town, upon application from an individual or company, may grant
temporary permits or waivers to hang banners and/or signs for commercial purposes as set forth
in division 2 of this article. Signs and banners approved by the planning official as meeting the
criteria necessary to satisfy the provisions found in division 2 of this article may be displayed on
a temporary basis not exceeding a six (6) week period. The length of the temporary permit will be
at the discretion of the planning official, not exceeding the maximum six (6) week period. At the
time of expiration of the temporary permit or waiver, it will be the responsibility of the applicant
to remove the banner or sign. The application process for a temporary permit or waiver will be
governed by the same guidelines as set forth in section 3.09.006 herein. A permit for a temporary
pole sign may be issued for an initial period not to exceed one (1) year. An applicant may request
one (1) additional renewal for a period of one (1) year. Such renewal may, within the discretion
of the planning official, be granted if the sign is in good and sound condition and meets the
requirements of this article. (Ordinance 2004-02, sec. XI, adopted 1/19/04; Ordinance 2005-03,
sec. 9, adopted 2/7/05; 2006 Code, ch. 5, sec. 4.08)
Sec. 3.09.009
Nonconforming uses
(a) Generally. Any existing sign that does not conform to the regulations stated herein shall be
deemed a nonconforming sign and shall be subject to the provisions of section 3.09.011
(maintenance of signs) of this article. It is the declared purpose of this section that nonconforming
signs and signs directing attention to nonconforming uses eventually discontinue and the signage
comply with the regulations stated herein, having due regard for the investment in such signs.
(b) Authority to remove certain signs. The designated official, after ten (10) days’ written
notice to the owner of the premises on which the sign is located, shall have the authority to
remove any nonconforming sign which either:
(1)
Was not permanently affixed to the ground on the effective date of this article; or
(2)
Was erected in violation of a town code in effect at the time of its erection.
(c) Order to remove. The town council may order nonconforming signs to be removed upon
and subject to compliance with chapter 216, Texas Local Government Code, provided that the
signs:
(1)
Are not permanently affixed to the ground on the effective date of this article;
(2)
Were erected in conformity with town codes in effect at the time of their erection;
and
(3)
Remain in place after six (6) months from the effective date of this article.
(d) Signs on premises of nonconforming use or building. An owner of any lawfully existing
nonconforming use or building may erect and maintain a sign in accordance with the regulations
contained herein.
(e) Moving, relocating or altering. No nonconforming sign shall be moved, altered, removed
and reinstalled, or replaced unless it is brought into compliance with the requirements of this
article.
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(f) Change in use or occupant of structure. Any nonconforming sign may continue to be
utilized as long as the occupancy within the structure remains the same. When a use changes from
one occupancy category to another, or when there is a change in occupant, all signs serving that
occupant shall be brought into conformance with the provisions of this article.
(Ordinance 2004-02, sec. XII, adopted 1/19/04; Ordinance 2005-03, sec. 10, adopted 2/7/05; 2006
Code, ch. 5, sec. 4.09)
Sec. 3.09.010
Meritorious exceptions and appeals
(a) In the development of these criteria, a primary objective has been ensuring against the kind
of signage that has led to low visual quality. On the other hand, another primary objective has
been the guarding against signage over-control.
(b) It is not the intention of these criteria to discourage innovation. It is entirely conceivable
that signage proposals could be made that, while clearly nonconforming to this article and thus
not allowable under these criteria, have obvious merit in not only being appropriate to the
particular site or location, but also in making a positive contribution to the visual environment.
Upon request of an interested party, the town council, upon recommendation by the planning and
zoning commission, shall hear and shall seriously and fairly consider a request for a meritorious
exception under this section.
(c) In order to determine the suitability of alternate materials and methods of construction and
to provide for reasonable interpretation of the provisions of this article, the town council shall
hear appeals with respect to any actions of the designated official in the interpretation and
enforcement of this article. Any such appeal shall be brought, by written application filed by an
interested party, to the town manager or designee within ten (10) days after the action of the
designated official which is the subject of the appeal. Enforcement of this article shall be stayed
pending such appeal. In hearing such appeals, the planning and zoning commission shall review
the determination of the designated official and, in doing so, may consider whether or not the
regulations and standards of this article will, by reason of exceptional circumstances or
surroundings, constitute a practical difficulty or unnecessary hardship. The planning and zoning
commission shall forward a recommendation to the town council, who shall act on the subject of
the appeal. A decision of the council shall be final.
(Ordinance 2004-02, sec. XIII, adopted 1/19/04; Ordinance 2005-03, sec. 11, adopted 2/7/05;
2006 Code, ch. 5, sec. 4.10; Ordinance adopting Code)
Sec. 3.09.011
Maintenance
(a) Generally. Each sign shall be maintained in a safe, presentable, and good condition,
including the replacement of defective parts and other acts required for the maintenance of such
sign, without altering the basic copy, design or structure of the sign. The building official shall
require compliance or removal of any sign determined by the building official to be in violation
of this section in accordance with the enforcement provisions set forth in this article.
(b) Dilapidated or deteriorated signs. No person shall maintain or permit to be maintained on
any premises owned or controlled by him or her any sign which is in a dilapidated or deteriorated
condition as defined herein. Upon notice of violation, any such sign shall be promptly removed or
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repaired by the owner of the sign or the owner of the premises upon which the sign is located in
accordance with the enforcement provisions set forth in this article.
Sec. 3.09.012
(a)
Violations
A person is responsible for a violation of this article if the person is:
(1)
The permit holder, owner, agent, or person(s) having the beneficial use of the sign;
(2)
The owner of the land or structure on which the sign is located; or
(3)
The person in charge of erecting the sign.
(b) It shall be unlawful for any person to erect, replace, alter, or relocate any sign within the
town, or cause the same to be done, without first obtaining a permit to do so from the building
official of the town, except as may be herein provided.
(c) It shall be unlawful for any person to use, maintain, or otherwise allow the continued
existence of any sign for which the required permit was not obtained.
(d) It shall be unlawful for any person to install, construct, or display a prohibited sign, as
defined herein, or any sign in violation of the provisions of this article, within the town.
(e)
It shall be unlawful for any person to violate any term or provision of this article.
Sec. 3.09.013
Enforcement procedure
(a) Authority. The designated official is hereby authorized to order the repair or removal of any
dilapidated, deteriorated, abandoned, illegal or prohibited signs from property within the
corporate town limits in accordance with the enforcement mechanisms set forth in this section.
(b) Notice of violation. When the designated official determines that a sign located within the
corporate town limits is dilapidated, deteriorated, illegal, prohibited or abandoned, they shall
issue a notice of violation to the owner of the sign or to the owner, occupant, or person in control
of the property on which the sign is located.
(1)
Contents. The notice of violation shall contain:
(A)
Name of the owner, occupant, manager or other person in control of the
property.
(B)
Street address sufficient to identify the property on which the alleged violation
occurred.
(C)
Description of alleged violations and reference to the provisions of this article
that have been violated.
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(D)
Statement of the action required to correct the violation and a deadline for
completing the corrective action.
(E)
Statement that failure to take the corrective action within the time specified
may result in:
(F)
(2)
(i)
A criminal penalty not exceeding five hundred dollars ($500.00) per day
for each violation;
(ii)
The town filing a civil action against owner seeking injunctive relief
and/or civil penalties up to one thousand dollars ($1,000.00) per day for
each violation.
Statement informing the recipient of their right to appeal the decision of the
designated official.
Service. The designated official shall serve a written notice of violation on the owner
of the sign, or the owner, occupant, or person in control of the property on which the
sign is located. The notice of violation should be served by either hand-delivery or by
certified mail, return receipt requested. Service by certified mail shall be effective
three (3) days after the date of mailing.
Sec. 3.09.014
Enforcement remedies
(a) Criminal penalty. Any person, firm or corporation violating any of the provisions or terms
of this article shall be deemed guilty of a misdemeanor, and upon conviction thereof be subject to
a fine not exceeding two thousand dollars ($2,000.00) for each offense, and each and every day or
portion thereof that such violation shall continue shall constitute a separate offense.
(b) Civil remedies. The town may file a civil action in state district court to enforce the
requirements of this article, seeking injunctive relief and/or civil penalties up to one thousand
dollars ($1,000.00) per day for each offense, as authorized by subchapter B of chapter 54 of the
Texas Local Government Code, as amended, or any other applicable law.
(c) Emergency removal of sign. The town may remove a sign which the designated official
finds to be an immediate and imminent threat to the public safety because of its dilapidated,
deteriorated or structural condition.
(d) Remedies cumulative. All remedies authorized under this article are cumulative of all
others unless otherwise expressly provided. Accordingly, the filing of a criminal action shall not
preclude the pursuit of a civil or administrative action for violation of this article, nor shall the
filing of a civil action preclude the pursuit of any other action or remedy, administrative or
criminal.
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Sec. 3.09.015
Prohibited signs
All signs not specifically authorized herein are prohibited.
(1)
Obsolete signs. No person shall erect or allow to be displayed, upon premises owned
or controlled by them, an obsolete sign.
(2)
Obstructing signs. No person shall erect or allow to be displayed, upon premises
owned or controlled by them, a sign that prevents free ingress to or egress from any
door, window or fire escape.
(3)
Signs displaying materials determined to be obscene by a court of law.
(4)
Signs placed in any location which by reason of their location will obstruct the view
of any authorized traffic sign, signal, or other traffic-control device by vehicular or
pedestrian traffic. No sign shall be erected which, by reason of shape, color, size,
design or position, would be reasonably likely to create confusion with, to be
confused as, or to interfere with any traffic signal or device which is authorized by
the appropriate state or local governmental authorities. Further, no sign shall be
placed in a location that will obstruct vision of a vehicle operator while entering,
exiting, or traveling upon the public right-of-way.
(5)
Signs placed so as to prevent or inhibit free ingress to or egress from any door,
window, or any exit way required by the building code of the town or by fire
department regulations.
(6)
A-frame and sandwich board signs.
(7)
Signs located on public property, including but not limited to signs attached to any
public utility pole or structure, streetlight, tree, fence, fire hydrant, bridge, curb,
sidewalk, park bench, or other location on public property.
(8)
Roof signs.
(9)
Signs attached to a standpipe or fire escape.
(10) No person shall attach any sign, paper or other material or paint, stencil or write any
name, number (except house numbers) or otherwise mark on any sidewalk, curb,
gutter, street, utility pole, public building, or structure except as otherwise allowed by
this article.
(Ordinance 2004-02, sec. XIV, adopted 1/19/04; Ordinance 2005-03, sec. 16, adopted 2/7/05;
2006 Code, ch. 5, sec. 4.15)
Sec. 3.09.016
Traffic safety
(a) Conflicts with public signs. No sign shall be erected or maintained at any location where,
by reason of its position, size, shape or color, it may obstruct, impair, obscure, interfere with the
view of, or be confused with any traffic-control sign, signal or device, or where it may interfere
with, mislead or confuse traffic.
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(b) Interference with visibility. No sign shall be located in any vision triangle as identified in
the town’s subdivision regulations.
(Ordinance 2004-02, sec. IV, adopted 1/19/04; Ordinance 2005-03, sec. 5, adopted 2/7/05; 2006
Code, ch. 5, sec. 4.04)
Sec. 3.09.017
Illuminated signs
Signs with external lighting shall be down-lighted. The light source shall be fully shielded such
that it cannot be seen from the property line of the site on which the sign is located. Although the
light cast from the source may be visible at the property line of an abutting residential property,
any spillover light at the abutting residential property line shall not exceed 0.02 footcandles of
luminance. Neon signs shall be permitted by meritorious exception as provided for in section
3.09.010 (meritorious exceptions and appeals). (Ordinance 2004-02, sec. III(C), adopted 1/19/04;
Ordinance 2005-03, sec. 4(C), adopted 2/7/05; 2006 Code, ch. 5, sec. 4.03(D); Ordinance 200815, sec. 2.03, adopted 5/19/08)
Sec. 3.09.018
Miscellaneous types of signs
The following provisions shall apply to all areas and zoning districts of the town:
(1)
Governmental signs. Nothing in this article shall be construed to prevent the display
of a national or state flag, or to limit flags, insignias, legal notices, or informational,
directional or traffic signs which are legally required or necessary to the essential
functions of government agencies. Stop signs and street signs placed within the town
shall conform to the design specified in the town’s subdivision regulations.
(2)
Address numerals and other signs required by law. Address numerals and other signs
required to be maintained by law or governmental order, rule or regulation are
allowed, provided that the content and size of the sign do not exceed the requirements
of such law, order, rule or regulation.
(3)
Protective signs. The occupant of premises may erect not more than two (2)
protective signs in accordance with the following provisions:
(A)
Each sign must not exceed one (1) square foot in effective area;
(B)
Detached signs must not exceed two (2) feet in height; and
(C)
Letters must not exceed four (4) inches in height.
(4)
Holiday decorations. Temporary holiday decorations are permitted.
(5)
Vehicular signs. Vehicular signs are prohibited except as specifically allowed by this
article; however, vehicular signs shall be allowed on construction trailers, on
construction sites, on transport vehicles being loaded or unloaded, and on passenger
vehicles parked at the owner’s or user’s place of residence or business.
(Ordinance 2004-02, sec. VII, adopted 1/19/04; Ordinance 2005-03, sec. 4(D), adopted 2/7/05;
2006 Code, ch. 5, sec. 4.03(E); Ordinance 2008-15, sec. 2.03, adopted 5/19/08)
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Sec. 3.09.019
Billboard signs, CEVMS and electronic message board signs
(a) Billboard signs and CEVMS billboard signs. Pursuant to section 3.09.092, billboard signs
are not allowed within the town or its extraterritorial jurisdiction unless specifically authorized by
the town council upon recommendation of the town planning and zoning commission. The
erection of new CEVMS billboard signs or the modification or conversion of existing billboard
signs into CEVMS within the town limits and the extraterritorial jurisdiction of the town is
hereby expressly prohibited.
(b) CEVMS or electronic message board signs other than billboard signs. For CEVMS or signs
with electronic message boards, other than billboard signs, the approval of the town council upon
recommendation of the town planning and zoning commission is required to convert any existing
sign into or to construct any new sign as a CEVMS or to construct any existing sign into or to
convert any new sign into a sign with an electronic message board.
(2006 Code, ch. 5, sec. 4.03(F), (G); Ordinance 2008-15, sec. 2.04, adopted 5/19/08)
Secs. 3.09.020–3.09.060
Reserved
Division 2. Temporary Signs
Sec. 3.09.061
General regulations
Except as specifically provided herein, the following regulations apply to all temporary signs:
(1)
Duration. All temporary signs may be erected or maintained in any location for a
maximum period of sixty (60) days before the signs must be replaced or removed.
Temporary signs shall be kept in repair and proper state of preservation. Temporary
signs advertising an event, function or activity shall be removed within three (3) days
following the date of the event, function or activity.
(2)
Placement in right-of-way. No temporary sign may be erected or placed in the
median of any public right-of-way. However, temporary signs may be placed in the
town’s right-of-way between the curb and property line provided they do not create a
safety hazard of any type, including but not limited to impaired visibility.
(3)
Safety hazards prohibited. Temporary signs shall not be installed in any manner that
may result in a potential safety hazard of any type.
(4)
Placement on town-owned property. Temporary signs shall not be placed on any
town-owned property, including but not limited to town parks, fire stations, police
stations, libraries, or buildings located on property owned, leased, utilized, or
controlled by the town, unless prior written permission is obtained from the town.
(5)
Removal by town. Except as specifically provided herein, any temporary sign placed,
erected, or maintained in violation of this article may be removed by the designated
official without notice.
(Ordinance 2005-03, sec. 6(A), adopted 2/7/05; 2006 Code, ch. 5, sec. 4.05(A))
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Sec. 3.09.062
Political signs
(a) Generally. No political sign may be erected or placed on private real property, including
but not limited to vacant lots or tracts, unless the property owner has given written permission
and such documentation is provided to the designated official upon the official’s request. Political
signs may be erected or placed on any private lot or property or on any trailer or vehicle as
specifically described in this section and in accordance with the regulations governing temporary
signs.
(b)
Number, size and placement.
(1)
A political sign shall not exceed thirty-six (36) square feet in area nor exceed eight
feet (8') in height, as measured from the ground. A political sign may not be
illuminated or have any moving elements. No more than one (1) of such signs for
each political candidate and two signs per issue on the election ballot shall be erected
on any parcel of land. As used in this section, “parcel” shall mean a piece of land
having fixed boundaries, whether those boundaries are fixed by plat or by metes and
bounds.
(2)
The front and back surface of a political sign shall constitute one sign. For signs with
three or more surfaces, each surface shall constitute a separate sign for purposes of
size requirements. Signs with three or more surfaces are prohibited on residentially
zoned parcels of land.
(c) Excessive number of signs. In the event that the number of political signs upon a lot or
property exceeds the total number permitted by this article, the signs in excess of the number
permitted shall be deemed to be in violation of this article. The designated official shall notify the
property owner on which the political signs are located of the violation; the property owner must
then remove the signs in excess of the permitted amount within twenty-four (24) hours following
the time of such notification.
(d) Removal. All political signs shall be removed within a period not to exceed three (3) days
after the date of the election for which the sign was placed. Failure to remove such signs within
the three (3) day period shall give the designated official the authority to remove such signs.
(e) Vehicle-mounted signs. A political sign which is mounted or placed on any trailer or
vehicle and which is not permanently affixed to the trailer or vehicle is permitted. A vehicle with
such a sign may be parked on a public street in accordance with the town’s parking regulations.
For purposes of this subsection, a political sign is not required to be supported by the ground.
(f)
Zoning districts. Political signs shall be allowed in all zoning districts of the town.
(g) Exemption from permit and other regulations. Political signs shall not require a sign permit,
and except as regulated by this section are exempt from the remainder of the regulations
contained in this article.
(Ordinance 2004-02, sec. V, adopted 1/19/04; Ordinance 2005-03, sec. 6(B), adopted 2/7/05;
2006 Code, ch. 5, sec. 4.05(B); Ordinance 2007-10 adopted 3/5/07; Ordinance 2008-11, sec. II,
adopted 3/3/08)
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Sec. 3.09.063
Banner signs
(a) Number, size and frequency. One banner sign no more than thirty-six (36) square feet per
premises or lease space shall be allowed no more than two (2) times annually.
(b)
Duration. Banner signs shall be permitted for no more than thirty (30) days.
(c)
Zoning districts. Banner signs shall be allowed in all nonresidential zoning districts.
(d) Consecutive display prohibited. At least ninety (90) days must lapse between the end of the
first period of display and the beginning of the second period of display.
(Ordinance 2005-03, sec. 6(C), adopted 2/7/05; 2006 Code, ch. 5, sec. 4.05(C))
Sec. 3.09.064
Real estate signs
Real estate signs are authorized to be erected, in addition to permanent signage, in accordance
with the following provisions:
(1)
(2)
Types of signs. Real estate signs include:
(A)
Real estate advertising signs that advertise a builder, developer, owner, realtor
or model home by showing a name, address, and/or telephone number for the
purpose of selling, leasing or renting a particular property on which the sign is
placed;
(B)
“Open house” signs indicating that a house on the lot on which the sign is
placed is available for viewing by the public; and
(C)
Temporary directional signs showing arrows or other means of property
location and direction.
(D)
Riders may be attached to real estate signs.
Number, size and location.
(A)
Signs shall contain no more than two (2) sides and shall be limited to six (6)
square feet of text area on each side, including any riders. Signs larger than six
(6) square feet of text area shall be considered as being commercial signs and
shall be subject to division 3 of this article.
(B)
Signs shall be temporary and will be removed upon sale, lease or rental of
property.
(C)
The maximum height of such signs shall not exceed four (4) feet, as measured
from the ground.
(D)
Real estate signs, as categorized in subsection (1) of this section, on all lots
other than golf course lots, shall be limited to one advertising sign and one
“open house” or directional sign during the hours permitted by subsection (2)
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of this section per lot. On lots adjoining a golf course, one additional real estate
advertising sign may be placed to face the golf course.
(3)
(E)
A maximum of six (6) directional signs may be placed off-premises for each
premises (whether one or more lots or tracts) offered for sale or lease. Spacing
between each sign shall be a minimum of four hundred feet (400') along the
following streets: Trophy Club Drive, Indian Creek Drive, Village Trail,
Durango Drive and Trophy Wood Drive. Prior to such placement, any person
or entity placing such a sign shall have received authorization or approval for
such placement from the owner of, or other person having custody or control
over, the property upon which such sign is placed.
(F)
No real estate sign may be erected or placed in the median of any public rightof-way. Any real estate sign so erected or placed in any public right-of-way
may be removed by the designated official without notice.
(G)
“Open house” signs and directional signs located off-premises shall be
permitted only between noon on Friday through noon on Monday. “Open
house” or directional signs shall be placed no closer than three (3) feet from the
street, curb or edge of pavement. In the event that any such sign is not in
compliance, the designated official of the town may remove the sign. Signs
shall not be permitted to be within any thoroughfare median in the town.
(H)
Unique signs that demonstrate increased quality and standards but do not meet
the dimension standards provided in this section may be permitted by means of
“meritorious exception” as provided in section 3.09.010 (meritorious
exceptions and appeals).
Zoning districts. Real estate signs shall be allowed in all zoning districts of the town.
(Ordinance 2004-02, sec. VI, adopted 1/19/04; Ordinance 2005-03, sec. 6(D), adopted 2/7/05;
2006 Code, ch. 5, sec. 4.05(D))
Sec. 3.09.065
Special purpose signs
Special purpose signs complying with the provisions of this section shall be allowed in
conjunction with special events provided that a special event permit issued pursuant to article
1.09 of the Code of Ordinances has been obtained for the event. Special purpose signs may be
posted for events that are expressly exempt from the requirements of article 1.09; provided,
however, that all such signs shall comply with the requirements of this section and other
applicable provisions of this article.
(1)
Number, size and placement.
(A)
Banner signs. One (1) banner, not to exceed fifty (50) square feet, shall be
allowed on the special event site. Placement of the banner shall be subject to
the requirements of the special event permit or the approval of the community
development director when a special event permit is not required. A banner
shall not be strung between trees, but shall be securely attached to a building,
or securely strung between two temporary poles.
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(B)
(2)
Informational and directional signs. Informational and/or directional signs
advertising the special event shall be placed no closer than three (3) feet from
the edge of a street, curb or the edge of pavement in a public street right-ofway. In the event that the town determines that any such sign impedes visibility
at intersections, or fails to comply with the special events ordinance or special
event permit, or that the placement of signage is a nuisance (for instance,
obstructing a sprinkler head), the town may remove the sign without obligation
to return the sign to the owner. No sign shall exceed four (4) square feet. The
total number and location of signs shall not exceed the number specified on the
special event permit. Signs shall not be erected in the center median of any
divided roadway.
Duration. Special purpose signs authorized by this section in accordance with a valid
special event permit shall be allowed up to fourteen (14) days prior to the date of the
event. All signage shall be removed within twenty-four (24) hours following the
conclusion of the event.
(Ordinance 2005-03, sec. 6(E), adopted 2/7/05; 2006 Code, ch. 5, sec. 4.05(E); Ordinance 201114, sec. 2.02, adopted 4/4/11; Ordinance 2012-09, sec. 2.09, adopted 5/7/12)
Secs. 3.09.066–3.09.090
Reserved
Division 3. Commercial and Institutional Signs
Sec. 3.09.091
General regulations
Commercial signs and institutional signs shall be subject to the following provisions:
(1)
Location. Signs in areas zoned for nonresidential purposes shall be on-premises
signs.
(2)
Maximum gross surface area. The face of each sign shall not exceed the gross surface
area as outlined in this division.
(3)
Height of monument signs. The height of monument signs shall not exceed ten feet
(10') from average ground level.
(4)
Signs painted on building. No commercial sign shall be allowed which is painted on
the wall of any building or on any part of a building.
(5)
Exemptions. Signs owned, constructed and used by the town to provide information,
direction and enforcement shall be exempt from these requirements.
(6)
Wall signs. Wall signs shall be centered horizontally on the store frontage for a
tenant’s space. The maximum copy height shall not exceed two feet (2'), six inches
(6"). The minimum copy height shall be one foot (1'), two inches (2"). The mounted
copy depth shall be five inches (5"). Wall signs shall not project more than twelve
inches from the wall surface.
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(7)
Illuminated signs.
(A)
Internally lit, individual aluminum channel letters shall have a 1/8" Plexiglas
front. The raceway shall be painted to match the surface upon which it is
mounted.
(B)
The raceway shall allow appropriate internal reinforcing and adequate service
access for all hardware. No wiring, angle iron or other supports shall be
exposed. The raceway shall contain all transformers and wiring for the letters.
(C)
Illuminated signs which are visible through the window of a tenant’s space
shall be set back a minimum of two inches (2") from the face of the window.
The distance shall be measured from the front surface of the sign to the face of
the window. If the front surface contains letters or other symbols that project
outward, then the distance shall be measured from that point.
(Ordinance 2004-02, sec. VIII, adopted 1/19/04; Ordinance 2005-03, sec. 7(A), adopted 2/7/05;
2006 Code, ch. 5, sec. 4.06(A))
Sec. 3.09.092
Table of signage criteria
The following table, entitled “Signage Criteria,” contains the regulations governing all other
signage allowed by this article:
Sign Type
A-frame/
sandwich board
Apartment
Awning
Bandit
Banner
Number
Prohibited
Billboard
To be determined by the town council upon
recommendation of the planning and zoning
commission
6 sq. ft.
4 ft.
Removed upon
sale, lease, rental
To be determined by the town council upon recommendation of the
planning and zoning commission
25 sq. ft. or 10% of the face of the canopy of which
Life of structure
it is a part or to which it is attached, whichever is
greater
6 sq. ft.
4 ft.
Removed upon
No limit provided total
combined square
sale
footage does not exceed
6 sq. ft.
1 per project/premises
32 sq. ft.
5 ft.
Completion of
project
Builder/contractor
Bulletin board
Canopy
Contractor service
Construction
1 per entry
Prohibited
Prohibited
1 per premises or lease
space no more than 2
times annually
Along property which
abuts State Highway
114
2 per premises
Size and Height
50 sq. ft.
36 sq. ft.
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N/A
Duration
Zoning District
Life of permit
Residential
30 days
Nonresidential
Nonresidential
All districts
Residential
Nonresidential
All districts
All districts
Sign Type
CEVMS
Development
Number
1 per premises with
approval of the town
council upon
recommendation of the
planning and zoning
commission; not
allowed on billboards
1 per project/premises
Directional
Directional temporary
real estate
3 off-premises for each
lot/premises
Directory
1 per premises
Electronic message
boards
Fence
Flashing
Government
Ground
Illuminated
Inflatable
1 per premises with
approval of the town
council upon
recommendation of the
planning and zoning
commission; not
allowed on billboards
Prohibited
Prohibited
No limit
1 per entry/premises
1 per premises
1 per premises
Institutional
Model home
1 per model home
Monument
Nameplate
Off-premises
Political
Portable
Projecting
Protective
Real estate
Rider
Roof
Special purpose
1 per lease space
Prohibited
Temporary pole
1 per premises/lot
Restricted
Prohibited
2 per premises
Restricted
Restricted
Prohibited
1 per premises/lot
Size and Height
50 sq. ft.
4 ft.
32 sq. ft.
Duration
Life of permit
5 ft.
90% of all
lots/houses sold
6 sq. ft.
3 ft.
Life of permit
6 sq. ft.
4 ft.
Between hours of
noon Friday noon Monday
commission
50 sq. ft.
4 ft.
Life of permit
No limit
No limit
No limit
16 sq. ft.
4 ft.
Life of permit
50 sq. ft.
Life of permit
commission
50 sq. ft.
4 ft.
Life of permit
16 sq. ft.
4 ft.
Removed upon
sale, lease, rental
50 sq. ft.
10 ft.
Life of permit
2 sq. ft.
1 ft.
Life of permit
Zoning District
All districts
All districts
All districts
All districts
Nonresidential
All districts
All districts
All districts
Nonresidential
All districts
Nonresidential
Residential
districts
All districts
Nonresidential
36 sq. ft.
8 ft.
60 days
All districts
1 sq. ft.
2 ft.
Life of structure
All districts
6 sq. ft.
4 ft.
All districts
32 sq. ft.
5 ft.
14 days prior/
24 hrs. following
6 months
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All districts
Sign Type
Wall
Window
Number
1 per lease space
Size and Height
40 sq. ft. or the product
of 2 times the lineal
width of the wall,
whichever greater. Shall
not exceed 75% of the
width or the height of the
available wall area or
store frontage for a
tenant’s space
No limit provided total combined square footage
does not exceed 25% of the visible window area
available in the absence of any signs
Duration
Life of permit
Zoning District
Nonresidential
Life of permit
Nonresidential
(Ordinance 2004-02, sec. VIII, adopted 1/19/04; Ordinance 2005-03, sec. 7(B), adopted 2/7/05;
2006 Code, ch. 5, sec. 4.06(B); Ordinance 2008-15, secs. 2.05, 2.06, adopted 5/19/08)
ARTICLE 3.10 APARTMENT COMPLEX LICENSING
Sec. 3.10.001
Definitions
For the purpose of this article, the following words and phrases have the meanings respectively
ascribed to them by this section:
Apartment complex license. A license issued by building inspector pursuant to this article, and
referred to as “license” in this article.
Bedroom. A room used or intended to be used for sleeping purposes and not as a kitchen,
bathroom, living room, closet, hallway, utility space, entryway, garage, patio or breezeway.
Building inspector. The chief building official of the town or his designated representative.
Dwelling unit. A structure, or that part of a structure, which may be used as a home, residence or
sleeping place by one or more persons maintaining a common household to the exclusion of all
others.
Efficiency unit. Is defined as the equivalent of a one-bedroom unit.
Family. Any number of individuals living together as a single housekeeping unit, in which not
more than three (3) individuals are unrelated by blood, marriage or adoption. Foster children, for
the purpose of this definition, shall be considered as being related to their foster parent or parents.
Landlord. Any owner, resident or nonresident, who leases or rents his single-family residence to
another.
Multiple-family dwelling complex. Referred to as an “apartment complex” in the body of this
article. Any building, or portion thereof, which is rented, leased or let to be occupied for
compensation as three (3) or more dwelling units or which is occupied as a home or place of
residence by three (3) or more families living in independent dwelling units located in the town,
and which dwelling units are located on a single plat.
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Owner. A person claiming, or in whom is vested, the ownership, dominion or title of real
property, including but not limited to:
(1)
A holder of fee simple title;
(2)
A holder of a life estate;
(3)
A holder of a leasehold estate for an initial term of five years or more;
(4)
The buyer in a contract for deed;
(5)
A mortgagee, receiver, executor or trustee in control of real property, but not
including the holder of a leasehold estate or tenancy for an initial term of less than
five years.
Person. Includes an individual, corporation, business trust, estate, trust, partnership or
association, two or more persons having a joint or common interest, or any other legal or
community entity.
Premises. A lot, plot or parcel of land, including any structure thereon, and furthermore including
a dwelling unit, appurtenances thereto, grounds and facilities held out for the use of tenants
generally and any other area or facility the use of which is promised to the tenant.
Property manager. A person who for compensation has managing control of a single-family
residence for a nonresident owner.
Resident manager. A property manager or agent of a property manager who resides in the singlefamily residence.
Single location. Property held in common ownership that is compact and contiguous property
separated only by public streets.
Tenant. Any person who occupies a dwelling unit for living or dwelling purposes with the
landlord’s consent.
Sec. 3.10.002
Penalty
Any person willfully violating any of the provisions of this article shall be subject to a fine, upon
conviction in the municipal court, of not less then one dollar ($1.00) nor more than two thousand
dollars ($2,000.00), and each and every day that the prohibited condition remains and restoration,
if required, not accomplished, shall constitute a separate offense. Those fines shall be in addition
to and cumulative of the provisions for the abatement of a nuisance and the obtaining of
injunctive relief. (Ordinance 86-06, sec. X, adopted 2/10/86; Ordinance 98-28, sec. 7, adopted
10/20/98; 2006 Code, ch. 3, sec. 13.09)
Sec. 3.10.003
License required
(a) It shall be unlawful for any person to own, operate, manage or maintain an apartment
complex in the town without a current and valid license having been issued for said apartment
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complex. Any person owning, operating, managing or maintaining an apartment complex at more
than one location shall obtain a license for each separate location.
(b) An owner, or his duly authorized agent, of an apartment complex shall file with the
building inspector any and all trade names under which he operates with respect to the leasing or
renting of each apartment complex.
Sec. 3.10.004
Application for license; expiration; change of ownership or management
(a) An applicant for a license shall file with the building inspector a written application upon a
form provided for that purpose, which shall be signed by the owner, or his agent, or the property
manager or resident manager if there be such. Should an applicant own an apartment complex at
more than one (1) location, a separate application shall be filed for each location. The following
information shall be required in the application:
(1)
Name, address, and telephone number of the nonresident owner, property manager,
resident manager, and mortgagee (if there is a mortgage against the property);
(2)
Trade name of the apartment complex;
(3)
Names and addresses of all registered agents in case the parties above named are
corporations;
(4)
Zoning categories;
(5)
Number of dwelling units broken down as to number of efficiencies, one-bedroom,
two-bedroom and three-bedroom;
(6)
Acknowledgment of receipt of a copy of the multiple-family residence licensing
ordinance and agreement to abide by same as a condition to receiving and
maintaining a license.
(b) Parties currently owning, operating, managing or maintaining apartment complexes shall
apply for a license within 60 days of the effective date of this article.
(c)
All licenses shall expire twelve (12) months from the date of issuance of the license.
(d) The building inspector may, at any time, require additional relevant information of the
owner or property manager to clarify items on the application.
(e) Upon a change in ownership of the apartment complex, a new license shall be obtained
within thirty (30) days of the change, and a new annual period shall begin upon the issuance of
the license. The owner shall notify the town within thirty (30) days of the change of ownership.
The owner shall also notify the town of a change of property manager or resident manager within
thirty (30) days of the date of such change.
(Ordinance 86-06, sec. IV, adopted 2/10/86; 2006 Code, ch. 3, sec. 13.03)
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Sec. 3.10.005
License fee
The annual fee for a license, including any reinstatement license renewal under section 3.10.008,
is as set forth in the fee schedule in appendix A of this code. (Ordinance 86-06, sec. V, adopted
2/10/86; 2006 Code, ch. 3, sec. 13.04)
Sec. 3.10.006
Display of license; replacement license; transfer
(a) A copy of each license issued pursuant to this article for an apartment complex shall be
posted and displayed in the apartment complex office in a conspicuous place to which tenants
have access. The copy shall have the word “Copy” stamped across its face.
(b) A replacement license may be issued for one lost, destroyed or mutilated upon application
on the form provided by the building inspector. A replacement license shall have the word
“Replacement” stamped across its face and shall bear the same number as the one it replaces.
(c)
An apartment complex license is neither assignable nor transferable.
(d)
The form of the license shall be prepared by the building inspector.
(Ordinance 86-06, sec. VI, adopted 2/10/86; 2006 Code, ch. 3, sec. 13.05)
Sec. 3.10.007
Licensing standards
(a) Continued maintenance and observance of the standards contained in this section are
conditions that shall be complied with in order to retain a license and to obtain any renewal of a
license.
(b) It shall be unlawful for any person to permit or allow more than one (1) family to reside in
any apartment complex dwelling unit.
(c) All town building, electrical, plumbing, health, zoning and other applicable codes,
including the minimum housing code, shall be complied with at all times.
(d) Notwithstanding the provisions of all other town codes, the maximum number of persons
per dwelling unit density for dwelling unit density for dwelling units in an apartment complex is
as follows: No more than two (2) persons per each bedroom are permitted to reside in a unit plus
one additional person. For example, in a one-bedroom or efficiency unit, the density shall not
exceed three (3) persons; in a two-bedroom unit, the density shall not exceed five (5) persons; in a
three (3) bedroom unit, the density shall not exceed seven (7) persons.
(e)
The licensee shall keep current records that reflect the following information:
(1)
Number of all tenants occupying each unit;
(2)
Head of household.
(f) It shall be unlawful and a violation of this article for an owner, property manager or
resident manager to knowingly permit or allow a violation of any of the terms of this section. It
shall be unlawful for a tenant to violate any of the terms of this section or to permit or allow any
persons to reside in the unit in violation of this section.
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(g) The requirements of subsection (b) of this section shall not be applicable to a family
residing in a dwelling unit on the effective date of this article nor during the time said family
continues to reside in the same dwelling unit. This exception does not apply to, permit or allow
any additional unrelated parties to reside in said occupied dwelling unit.
(h) An owner shall not be prohibited from establishing a more restrictive density for each
dwelling unit within his/her apartment complex, provided the density is based upon persons per
each established bedroom.
(Ordinance 86-06, sec. VII, adopted 2/10/86; 2006 Code, ch. 3, sec. 13.06)
Sec. 3.10.008
Inspections; cancellation of license
(a) Inspections generally. The owner, property manager and resident manager, as a condition to
the issuance of the license required by this article, shall consent and agree to permit and allow the
town’s building inspector to make the following inspections of the apartment complex when and
as needed to ensure compliance with this article:
(1)
Right and access to inspect all portions of the premises and structures located on the
premises that are not dwelling units. This includes all storage areas, community
buildings, swimming pools, athletic facilities, club rooms, equipment rooms and all
other portions of the facilities not constructed as dwelling units, upon reasonable
advance notice being given to the owner, property [manager] or resident manager.
(2)
Right and access to inspect all unoccupied dwelling units upon giving reasonable
notice to the owner, property [manager] or resident manager.
(3)
Right and access to inspect all occupied dwelling units when, upon receipt of reliable
information, the building inspector has reason to believe that violations of the Code
of Ordinances of the town or state law exist that involve serious threats to life, safety,
health and property.
(4)
Annually, the owner, property manager or resident manager shall make all dwelling
units in the apartment complex available for inspection by the building inspector. The
building inspector and the owner, property manager and resident manager shall agree
on a reasonable date and time for each annual inspection. In the event the parties
cannot agree on an inspection time, said annual inspection shall occur within fourteen
(14) days of the anniversary date of the application for the license.
(b) Inspection of occupied units. The building inspector, or his agent, may enforce the
provisions of this article, upon presentation of proper identification to the occupant in charge of
any unit, and may enter, with the occupant’s permission, any unit between the hours of 8:00 a.m.
and 5:00 p.m.; provided, however, that in cases of emergency where extreme hazards are known
to exist which may involve imminent injury to persons, loss of life or severe property damage, the
building inspector may enter the aforementioned dwellings at any time and the requirement for
presentation of identification and the occupant’s permission shall not apply. Whenever the
building inspector is denied admission to inspect any premises under this provision, inspection
shall be made only under authority of a warrant issued by a magistrate authorizing the inspection.
In applying for such a warrant, the building inspector shall submit to the magistrate an affidavit
setting forth his belief that a violation of this article exists with respect to the place sought to be
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inspected and the reasons for such belief. Such affidavit shall designate the location of such place
and the name of the person believed to be the occupant thereof. If the magistrate finds that
probable cause exists for an inspection of the premises in question, he may issue a warrant
authorizing the inspection, such warrant describing the premises with sufficient certainty to
identify the same. Any warrants issued will constitute authority for the building inspector to enter
upon and inspect the premises described herein.
(c) Reinspection fee. In the event any of the inspections authorized in this article require a
second reinspection due to noted violations, a reinspection fee as set forth in appendix A of this
code shall be paid prior to the second reinspection.
(d) Withdrawal of certificate of occupancy and cancellation of license. Where the owner, his
agent, property [manager] or resident manager fails to comply with the terms of this article within
thirty (30) days after receipt of written notice of the violation from the building inspector setting
out the violations and the time allowed to rectify the violations, the owner’s certificate of
occupancy may be withdrawn and the license authorized by this article may be cancelled. Such
failure to comply shall result in the owner being cited to municipal court as provided in section
3.10.002. Additionally, the building inspector may notify all public utility companies serving the
apartment complex that the certificate of occupancy has been withdrawn and request that all
public utility services be discontinued.
(e) Reinstatement of certificate of occupancy. Any person requesting a reinstatement or
reissuance of the certificate of occupancy shall be required to apply for and receive a new license
issued under this article as a condition precedent to the reissuance or reinstatement of the
certificate of occupancy.
Sec. 3.10.009
Appeals
(a) The owner, property [manager] or resident manager for such property may appeal any
decision or order of the building inspector to the town council by filing at the office of the town
secretary, within five (5) working days (Monday through Friday) after such decision or order,
during regular business hours, a written appeal of such decision or order to the town council on a
form to be supplied by the town secretary.
(b) As soon as practicable after receiving the written appeal, the town secretary shall fix a date,
time and place for the hearing of the appeal by the town council. Written notice of such date, time
and place of the hearing shall be given to each appellant by the town secretary, either by causing
a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof,
postage prepaid, addressed to the appellant at his address shown on the written appeal.
(c) Failure of any person to file an appeal in accordance with the provisions of this article shall
constitute a waiver of his right to a hearing by the town council and the building inspector’s
decision shall be final.
(d)
Orders of the building inspector are stayed pending appeal.
(Ordinance 86-06, sec. IX, adopted 2/10/86; 2006 Code, ch. 3, sec. 13.08)
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ARTICLE 3.11 SINGLE-FAMILY RESIDENCE LICENSING
Sec. 3.11.001
Definitions
Bedroom. A room used or intended to be used for sleeping purposes and not as a kitchen,
bathroom, living room, closet, hallway, utility space, entryway, garage, patio or breezeway.
Building inspector. The chief building official of the town or his designated representative.
Dwelling unit. A structure, or that part of a structure, which may be used as a home, residence or
sleeping place by one or more persons maintaining a common household to the exclusion of all
others.
Family. Any number of individuals living together as a single housekeeping unit, in which not
more than three (3) individuals are unrelated by blood, marriage or adoption. Foster children, for
the purpose of this definition, shall be considered as being related to their foster parent or parents.
Landlord. Any owner, resident or nonresident, who leases or rents his single-family residence to
another.
Lease or rent. Any agreement which gives rise to a relationship of landlord and tenant.
Nonresident owner. Any person who does not live, stay or dwell in a single-family residence
which he/she owns.
Owner. A person claiming, or in whom is vested, the ownership, dominion or title of real
property, including but not limited to:
(1)
A holder of fee simple title;
(2)
A holder of a life estate;
(3)
A holder of a leasehold estate for an initial term of five years or more;
(4)
The buyer in a contract for deed;
(5)
A mortgagee, receiver, executor or trustee in control of real property;
but not including the holder of a leasehold estate or tenancy for an initial term of less than five
years.
Person. Includes an individual, corporation, business trust, estate, trust, partnership or
association, two or more persons having a joint or common interest, or any other legal or
community entity.
Premises. A lot, plot or parcel of land, including any structure thereon, and furthermore including
a dwelling unit, appurtenances thereto, grounds and facilities held out for the use of tenants
generally and any other area or facility the use of which is promised to the tenant.
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Property manager. A person who for compensation has managing control of a single-family
residence for a nonresident owner.
Resident manager. A property manager or agent of a property manager who resides in the singlefamily residence.
Resident owner. Any person who lives, stays or dwells in a single-family residence which he/she
owns.
Single-family residence. A single-family residence as referred to in this article shall include:
(1)
One-family dwelling (detached). A dwelling designed and constructed for occupancy
by one family and located on a lot or separate building tract and having no physical
connection to a building located on any other lot or tract and occupied by one family.
(2)
One-family dwelling (attached). A dwelling which is joined to another dwelling at
one or more sides by a party wall or abutting separate wall which is designed for
occupancy by one family and is located on a platted separate lot, delineated by front,
side and rear lot lines.
(3)
Two-family dwelling. A single structure designed and constructed with two dwelling
units under a single roof for occupancy by two families, one in each unit.
(4)
Condominium. The separate ownership of single dwelling units in a multiple-unit
structure or structures with common elements.
Single-family residence license. The license issued by the building inspector pursuant to this
article and referred to as the “license” in this article.
Single location. Property held in common ownership that is compact and contiguous property
separated only by public streets.
Tenant. Any person who occupies a dwelling unit for living or dwelling purposes with the
landlord’s consent.
Sec. 3.11.002
Penalty
Any person willfully violating any of the provisions of this article shall be subject to a fine, upon
conviction in the municipal court, of not less than one dollar ($1.00) nor more than two thousand
dollars ($2,000.00), and each and every day that the prohibited condition remains and restoration,
if required, not accomplished, shall constitute a separate offense. Those fines shall be in addition
to and cumulative of the provisions for the abatement of a nuisance and the obtaining of
injunctive relief. (Ordinance 86-07, sec. X, adopted 2/10/86; Ordinance 98-28, sec. 7, adopted
10/20/98; 2006 Code, ch. 3, sec. 14.09)
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Sec. 3.11.003
License required
(a) It shall be unlawful for any nonresident owner to lease or rent a single-family residence in
the town without a current and valid license having been issued for said single-family residence.
Any nonresident owner leasing or renting a single-family residence at more than one location
shall obtain a license for each separate location.
(b) A nonresident owner, or the nonresident owner’s authorized agent, of a single-family
residence shall file with the building inspector any and all trade names under which he operates
with respect to the leasing or renting of each single-family residence.
Sec. 3.11.004
Application for license; expiration; change of ownership or management
(a) An applicant for a license shall file with the building inspector a written application upon a
form provided for that purpose, which shall be signed by the nonresident owner, or his agent, or
the property manager or resident manager if there be such. Should an applicant own more than
one single-family residence which he leases or rents, a separate application shall be filed for each
location. The following information shall be required in the application:
(1)
Name, address, and telephone number of nonresident owner, property manager,
resident manager, and mortgagee (if there is a mortgage against the property);
(2)
Trade name of the nonresident owner, and names and addresses of all registered
agents in case the parties above named are corporations;
(3)
Zoning categories;
(4)
Number of bedrooms;
(5)
Acknowledgment of receipt of a copy of the single-family residence licensing
ordinance and agreement to abide by same as a condition to receiving and
maintaining a license.
(b) Nonresident owners currently leasing or renting a single-family residence shall apply for a
license within 60 days of the effective date of this article.
(c)
All licenses shall expire twelve (12) months from the date of issuance of the license.
(d) The building inspector may, at any time, require additional relevant information of the
nonresident owner or property manager to clarify items on the application.
(e) Upon a change in ownership of the single-family residence, a new license shall be obtained
within thirty (30) days of the change and a new annual period shall begin upon the issuance of the
license. The nonresident owner shall notify the town within thirty (30) days of the change of
ownership. The nonresident owner shall also notify the town of a change of property manager or
resident manager within thirty (30) days of the date of such change.
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Sec. 3.11.005
License fee
The annual fee for a license, including any reinstatement license renewal under section
3.11.008(e), is as set forth in the fee schedule in appendix A of this code. (Ordinance 86-07, sec.
V, adopted 2/10/86; 2006 Code, ch. 3, sec. 14.04)
Sec. 3.11.006
Display of license; replacement license; transfer
(a) A copy of each license issued pursuant to this article for a single-family residence shall be
given by the landlord to each head of household tenant to be maintained at all times at the singlefamily residence for which such license is issued. The copy shall have the word “Copy” stamped
across its face.
(b) A replacement license may be issued for one lost, destroyed or mutilated upon application
on the form provided by the building inspector. A replacement license shall have the word
“Replacement” stamped across its face and shall bear the same number as the one it replaces.
(c)
A single-family residence license is neither assignable nor transferable.
(d)
The form of the license shall be prepared by the building inspector.
(Ordinance 86-07, sec. VI, adopted 2/10/86; 2006 Code, ch. 3, sec. 14.05; Ordinance adopting
Code)
Sec. 3.11.007
Licensing standards
(a) Continued maintenance and observance of the standards contained in this section are
conditions that shall be complied with in order to retain a license and to obtain any renewal of a
license.
(b) It shall be unlawful for any person to permit or allow more than one (1) family to reside in
any single-family residence dwelling unit.
(c) All town building, electrical, plumbing, health, zoning and other applicable codes,
including the minimum housing code, shall be complied with at all times.
(d)
The licensee shall keep current records that reflect the following information:
(1)
Number of all tenants occupying each unit;
(2)
Head of household.
Said records shall be available for review by the building inspector of the town or his designated
representative during regular working hours and upon receipt of reasonable notice.
(e) It shall be unlawful and a violation of this article for an owner, property manager or
resident manager to knowingly permit or allow a violation of any of the terms of this section. It
shall be unlawful for a tenant to violate any of the terms of this section or to permit or allow any
persons to reside in the unit in violation of this section.
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(f) The requirements of subsection (b) of this section shall not be applicable to a family
residing in a dwelling unit on the effective date of this article nor during the time said family
continues to reside in the same dwelling unit. This exception does not apply to, permit or allow
any additional unrelated parties to reside in said occupied dwelling unit.
Sec. 3.11.008
Inspections; cancellation of license
(a) Inspections generally. The nonresident owner, property manager and resident manager, as a
condition to the issuance of the license required by this article, shall consent and agree to permit
and allow the town’s building inspector to make the following inspections of the single-family
residence when and as needed to ensure compliance with this article:
(1)
Right and access to inspect all portions of the premises and structures located on the
premises that are not dwelling units. This includes all storage areas, community
buildings, swimming pools, athletic facilities, club rooms, equipment rooms and all
other portions of the facilities not constructed as dwelling units, upon reasonable
advance notice being given to the nonresident owner, property [manager] or resident
manager.
(2)
Right and access to inspect all unoccupied dwelling units upon giving reasonable
notice to the nonresident owner, resident or property manager.
(3)
Right and access to inspect all occupied dwelling units when, upon receipt of reliable
information, the building inspector has reason to believe that violations of the Code
of Ordinances of the town or state law exist that involve serious threats to life, safety,
(4)
Annually, the nonresident owner, resident manager or property manager shall make
all dwelling units in the single-family residence available for inspection by the
building inspector. The building inspector and the nonresident owner, resident
manager and property manager shall agree on a reasonable date and time for each
annual inspection. In the event the parties cannot agree on an inspection time, said
annual inspection shall occur within fourteen (14) days of the anniversary date of the
application for the license.
(b) Inspection of occupied units. The building inspector, or his agent, may enforce the
provisions of this article, upon presentation of proper identification to the occupant in charge of
any unit, and may enter, with the occupant’s permission, any unit between the hours of 8:00 a.m.
and 5:00 p.m.; provided, however, that in cases of emergency where extreme hazards are known
to exist which may involve imminent injury to persons, loss of life or severe property damage, the
building inspector may enter the aforementioned dwellings at any time and the requirement for
building inspector is denied admission to inspect any premises under this provision, inspection
shall be made only under authority of a warrant issued by a magistrate authorizing the inspection.
In applying for such a warrant, the building inspector shall submit to the magistrate an affidavit
setting forth his belief that a violation of this article exists with respect to the place and the name
of the person believed to be the occupant thereof. If the magistrate finds that probable cause
exists for an inspection of the premises in question, he may issue a warrant authorizing the
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inspection, such warrant describing the premises with sufficient certainty to identify the same.
Any warrants issued will constitute authority for the building inspector to enter upon and inspect
the premises described herein.
second reinspection due to noted violations, a reinspection fee as set forth in the fee schedule in
appendix A of this code shall be paid prior to the second reinspection.
(d) Withdrawal of certificate of occupancy and cancellation of license. Where the nonresident
owner, his agency, or property or resident manager fails to comply with the terms of this article
within thirty (30) days after receipt of written notice of the violation from the building inspector
setting out the violations and the time allowed to rectify the violations, the nonresident owner’s
certificate of occupancy may be withdrawn and the license authorized by this article may be
cancelled. Such failure to comply shall result in the nonresident owner being cited to municipal
court as provided in section 3.11.002. Additionally, the building inspector may notify all public
utility companies serving the single-family residence that the certificate of occupancy has been
withdrawn and request that all public utility services be discontinued.
reissuance of the certificate of occupancy shall be required to apply for and receive a new license
issued under this article as a condition precedent to the reissuance or reinstatement of the
Sec. 3.11.009
Appeals
(a) The nonresident owner, property [manager] or resident manager for such property may
appeal any decision or order of the building inspector to the town council by filing at the office of
the town secretary, within five (5) working days (Monday through Friday) after such decision or
order, during regular business hours, a written appeal of such decision or order to the town
council on a form to be supplied by the town secretary.
(b) As soon as practicable after receiving the written appeal, the town secretary shall fix a date,
time and place for the hearing of the appeal by the town council. Written notice of such date, time
and place of the hearing shall be given to each appellant by the town secretary, either by causing
a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof,
postage prepaid, addressed to the appellant at his/her address shown on the written appeal.
constitute a waiver of his right to a hearing by the town council and the building inspector’s
decision shall be final.
(d)
Orders of the building inspector are stayed pending appeal.
(Ordinance 86-07, sec. IX, adopted 2/10/86; 2006 Code, ch. 3, sec. 14.08)
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ARTICLE 3.12 HOTELS*
Sec. 3.12.001
Definitions
Bathroom. An enclosed space or spaces containing one or more toilets, lavatories, bathtubs,
showers, or any combination of fixtures serving similar purposes.
Building codes. All International or Uniform Codes and local amendments thereto adopted by the
town as part of the town’s Code of Ordinances, including, without limitation, the National
Electrical Code, International Building Code, International Fire Code, International Mechanical
Code, International Plumbing Code, and International Fuel Gas and Energy Conservation Code,
which were in effect at the time of construction of the building in question.
Building official. The chief building official of the town or his designated representative.
Certificate of occupancy. A certificate issued by the building official authorizing occupancy.
Designee. The town manager’s designee or delegated staff or duly authorized representative of
the town. This term shall include, but is not limited to, the code enforcement officers, building
official, fire inspector, health officer, and employees of the department of community
development and other authorized departments of the town.
Extermination. The control and elimination of insects, rodents, and vermin.
Garbage. Refuse, animal or vegetable wastes (as from a kitchen or food processing facility),
ashes, or other household waste which is damp or capable of emitting odors.
Guest. Any person hiring or occupying a room for sleeping purposes in a hotel.
Guest room or rooms. Any room or rooms used or intended for use by a guest for sleeping
purposes in a hotel, including single rooms and suites.
Hot water. Water supplied to plumbing fixtures at a temperature of not less than 110 degrees
Fahrenheit.
Hotel. Any building containing guest rooms in which members of the public obtain sleeping
accommodations for consideration. The term includes a hotel, motel, lodging house, rooming
house, tourist court, bed and breakfast, or inn in the town having six (6) or more rooms where
transient guests are fed or lodged for pay.
Hotel room or room. A guest room or rooms as defined in this section.
Infestation. The presence within or contiguous to a dwelling unit of insects, rodents, vermin or
other pests.
*
State law reference–Hotels and boardinghouses, V.T.C.A., Occupations Code, ch. 2155.
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Let or let for occupancy. To permit, provide or offer possession or occupancy of a hotel room,
dwelling unit, rooming unit, building, premises or structure by a person who is not the legal
owner of record thereof, pursuant to a written or unwritten lease, agreement or license.
Litter. Garbage, refuse, rubbish, and all other waste material deposited on the ground or in any
place other than in an approved garbage receptacle.
Manager. Any person who manages the business operations of any hotel, whether a resident
manager or general property manager, whose duties may include the collection of nightly
charges, issuing of keys, direction of maintenance and other personnel, assigning of rooms to
guests, handling guest affairs, and/or overseeing security in addition to other general duties
involved with operating a hotel.
Motel. A hotel as defined in this section.
Occupant. Any person sleeping, eating in, or having actual possession of a guest room.
Operator. Any person who is the proprietor of any hotel, whether in the capacity of the owner,
lessee, receiver, sublessee, franchisee, mortgagee in possession, or the agent of any of the
aforementioned, who offers or accepts payment for rooms, guest rooms, sleeping
accommodations, or board and lodging, and retains the right of access to and control of the
dwelling units or room(s).
Owner. Any person having a legal or equitable interest in the hotel 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 agent or representative of any such person, the
guardian of the estate of any such person, and/or the executor or administrator of the estate of
such person if ordered to take possession of real property by a court.
Permit department. The department operated and maintained by the town that is responsible for
acceptance and review of permit applications and the issuance of permits.
Person. An individual, corporation, nonprofit corporation, association, church, organization,
society, joint venture, or any other legal entity, including their employees, contractors, agents,
members, heirs, executors, administrators, assigns and representatives.
Plumbing. Gas pipes, fuel supply lines, toilets, lavatories, sinks, laundry tubs, catchbasins,
washbasins, bathtubs, shower baths, waste sewer pipes and sewage systems, septic tanks, drains,
vents, traps, and any other fuel-burning or water-using fixtures and appliances, private fire
hydrants, and all connections to water, waste, sewer, or gas pipes.
Potable water. Water duly approved as satisfactory and safe for drinking by the water utility
department serving the town.
Refuse. All putrid and non-putrid solid waste (except body waste), including, but not limited to,
garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid market
and industrial wastes.
Rubbish. Non-putrid solid waste consisting of either combustible or noncombustible wastes, such
as paper, wrapping, cigarettes, cardboard, yard clippings, leaves, wood, glass, bedding, crockery
and similar materials.
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Substandard building. A building which, by reason of faulty construction, age, or lack of
maintenance or repair, fails to meet the minimum property standards imposed by applicable
provisions of the state and local regulations, including, without limitation, the town’s ordinances
regulating buildings and the International Property Maintenance Code, as amended.
Utility company. The entity providing gas, electric service, water or sanitary sewer to a hotel.
Sec. 3.12.002
Penalty
Any owner, operator, or manager who intentionally, knowingly, or recklessly violates any one or
more of the provisions of this article shall, upon conviction in municipal court, be guilty of a class
C misdemeanor for which a fine of not less then one dollar ($1.00) nor more than two thousand
dollars ($2,000.00) shall be assessed, and a separate offense shall be deemed committed for each
day or part thereof during or on which a violation occurs or continues to exist. Fines assessed
hereunder shall be in addition to and cumulative of all other remedies allowed at law or in equity,
including, without limitation, nuisance abatement, injunctive relief, civil suit, and/or collection of
damages. (2006 Code, ch. 3, sec. 17.07; Ordinance 2009-28, sec. II, adopted 11/2/09)
Sec. 3.12.003
Permit
(a) Required. It shall be unlawful for any person to own, operate, manage or maintain a hotel in
the town without a current and valid hotel permit having been issued for said hotel. Any person
owning, operating, managing or maintaining a hotel at more than one location shall obtain a hotel
permit for each separate location.
(b) Fee. The annual fee for a hotel permit shall be in the amount established in the fee schedule
in appendix A to this code.
(c) Application. An applicant for a hotel permit shall file with the permit department a written
application upon a town form provided for that purpose. Such application shall be signed by
either the owner or the manager of the hotel for which the permit is sought. Should a person own
a hotel at more than one (1) location, a separate application shall be filed for each location. The
following information shall be required in the application:
(1)
Trade name of hotel.
(2)
Address of hotel.
(3)
Telephone number of hotel.
(4)
Name of owner.
(5)
Address of owner.
(6)
Telephone number of:
(A)
Nonresident owner;
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(B)
Property manager and/or resident manager;
(C)
Mortgagee (if there is a mortgage against the property).
(7)
Names and addresses of all registered agents in case the parties above named are
corporations.
(8)
Number of rooms, broken down as to number of suites, king, queen, or other
designations.
(d) List of trade names. An owner of a hotel shall also provide the permit department with a list
of any and all trade names under which such owner operates.
(e) Additional information. The building official may, at any time, require the owner or
manager to provide additional information that the building official determines reasonably
necessary to clarify items or supplement information provided on the application for hotel permit.
(f) Expiration and renewal. A hotel permit shall be effective from January 1 to December 31 of
each calendar year. The owner or manager of a hotel shall apply for a new hotel permit each
calendar year, completing a new application and obtaining a new hotel permit within two months
prior to the expiration of the existing hotel permit.
(g) Initial permit. In the event that a new hotel is constructed, the owner or manager shall
submit an application for a hotel permit at the same time that a certificate of occupancy
application is submitted. A final inspection for certificate of occupancy will not be completed
until an application for a hotel permit has been submitted and reviewed. Upon approval of the
final inspection for the new hotel, the certificate of occupancy and hotel permit shall then be
issued. Hotel permit fees are not collected for the initial hotel permit issued with the certificate of
occupancy. Hotel permit fees are collected when the owner or manager of the hotel applies for a
new hotel permit each calendar year.
(h) Change in ownership. Upon a change in ownership of a hotel, a new certificate of
occupancy must be obtained within thirty (30) days of such change of ownership by filling out the
appropriate application and paying the appropriate fee to the permit department at the town
municipal offices. Once processed, the building official will inspect the hotel, and upon approval
of the certificate of occupancy inspection shall transfer the hotel permit to the new owner. The
new owner must apply for each subsequent annual hotel permit in accordance with the timeline
set forth in subsection (f) above.
(i) Change of manager. The owner shall also notify the town in writing of a change of manager
within thirty (30) days of the date of such change.
(j) Posting. A hotel permit issued pursuant to this article shall be posted and displayed in the
hotel in a conspicuous place to which guests have access.
(k) Replacement permit. A replacement hotel permit may be issued for one lost, destroyed or
mutilated upon application on the form provided by the permit department. A replacement hotel
permit shall have the word “Replacement” stamped across its face and shall bear the same
number as the one it replaces.
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(l) Transfer. A hotel permit is neither assignable nor transferable except where such transfer is
approved by the town in conjunction with the issuance of a new certificate of occupancy and
approved inspection granted to a new owner.
Code)
Sec. 3.12.004
Guest registration requirements
(a) Each owner, operator, or manager shall cause to be maintained a complete register for each
person to whom any room at a hotel is let. The register shall be made available to the building
official upon request and shall contain the following information for guests of the hotel:
(1)
Correct name and permanent address, designating street and number, city, state and
country;
(2)
Actual dates of occupancy indicating check-in time, checkout time and room number;
(3)
Number of individuals staying in the room.
(b) Register records shall be maintained for a period of two (2) years for each person who lets
any room at a hotel.
Sec. 3.12.005
Standards for premises and equipment
It shall be a violation of this article for an owner, operator, or manager to recklessly cause, allow,
suffer or permit a violation of any one or more of the following provisions of this article and to
fail to remedy such violation in accordance with a written notice issued by the building official:
(1)
Compliance with applicable regulations. The hotel premises, including without
limitation all common interior areas and all exterior areas, and all hotel rooms, shall
comply with all applicable state laws and town ordinances, including, without
limitation, all building codes, health, zoning and other applicable codes and all
requirements imposed by this article.
(2)
Protection of wood materials. All wood shall be protected against termite damage and
decay as provided in the Code of Ordinances of the town.
(3)
Ventilation in guest rooms and corridors. All guest rooms shall be provided with
either natural ventilation or mechanical ventilation that meets or exceeds the
following criteria:
(A)
Natural ventilation. All guest rooms shall be provided with natural ventilation
by means of screened exterior openings which are capable of being opened.
Such openings shall have an area of not less than one-twentieth (1/20) of the
floor area of the guest room with a minimum of five (5) square feet; or
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(B)
Mechanical ventilation. If a mechanical ventilation system is provided in lieu
of natural ventilation the ventilation system shall be capable of providing two
(2) air changes per hour in all guest rooms and in public corridors. One-fifth
(1/5) of the air supply shall be taken from outside of the hotel.
(4)
Ventilation in other areas. In bathrooms, water closet compartments, laundry rooms
and similar rooms, a mechanical ventilation system connected directly to the outside,
capable of providing five (5) air changes per hour, shall be provided.
(5)
Bathroom requirements, conditions and cleanliness. Every guest room shall be
provided with a bathroom equipped with facilities consisting of at least a toilet, a
sink, and either a bathtub or a shower. All bathroom fixtures (e.g., toilet, bathtub,
sink, shower, mirror) shall be maintained without cracks, chips, or stains. Floors shall
be washed with water and a sanitizer at change of occupancy or at least once a week
when occupancy does not change. Daily cleaning schedules shall be in writing and
maintained in the manager’s office.
(6)
Room separation. Every water closet, bathtub or shower required by this article shall
be installed in a room which will afford privacy to the occupant. A room in which a
water closet is located shall be separated from food preparation or storage rooms by a
tightfitting, self-closing door.
(7)
Plumbing requirements. All plumbing fixtures shall be connected to a sanitary sewer
or to an approved private sewage disposal system. All plumbing fixtures shall be
connected to an approved system of potable water supply and provided with hot and
cold running water necessary for its normal operation. All plumbing fixtures shall be
of an approved glazed earthenware type, stainless steel, or of a similarly
nonabsorbent material. Wooden sinks or sinks of similarly absorbent material shall
not be permitted.
(8)
Installation and maintenance of sanitary facilities; water service. All sanitary
facilities shall be installed and maintained in safe and sanitary condition and in
accordance with all applicable laws. The owner or operator shall ensure that water
service is provided at all times. It is an affirmative defense to this section that it is
impossible to provide water service because of an act of God.
(9)
Water heating equipment. The hotel water heating system shall be maintained in
good working order, which shall be connected with utility company water lines and
shall be capable of heating water to such a temperature as to permit at all times an
adequate supply of hot water to be drawn at every sink, lavatory basin, and bathtub or
shower at a temperature of not less than one hundred ten (110) degrees Fahrenheit.
(10) Exits. In all lodging establishments, there shall be provided a safe and unobstructed
means of egress leading to safe and open space at ground level. When an unsafe
condition exists through lack of or improper location of exits, the building official,
health inspector, or fire inspector, or their respective designee, may require the owner
to install additional exits.
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(11) Heating facilities. Every guest room shall be equipped with heating facilities which
are capable of safely and adequately heating all rooms and habitable areas to a
temperature of at least sixty-eight (68) degrees Fahrenheit at a distance of three (3)
feet above floor level which are operable whenever necessary to maintain said
temperature.
(12) Cooling facilities. Every guest room shall be equipped with cooling facilities which
are capable of safely and adequately cooling all rooms and habitable areas to a
temperature of at least eighty (80) degrees Fahrenheit at a distance of three (3) feet
above floor level which are operable whenever necessary to maintain said
temperature.
(13) Heating appliances. Where fuel-burning appliances are installed and properly vented,
said appliances shall be rigidly connected to their fuel supply outlets and securely
installed to avoid accidental displacement. Heating appliances which are connected to
their fuel supply lines and which are not connected to exhaust vents that will safely
exhaust carbon monoxide fumes to the outdoors are prohibited. No person shall
replace an existing appliance without first obtaining the proper permit(s) issued by
the permit department and without allowing the work to be inspected by the building
official if a permit for that work is required.
(14) Carpet condition and cleanliness. Carpeting shall be free of stains, holes, rips or
odors in excess of normal wear and tear, and maintained in a sanitary, non-defective
condition.
(15) Floor condition and cleanliness. Non-carpeted floor surfaces shall be made of
nonabsorbent material. All surfaces and tile grouting shall be maintained without
cracks, rips or missing elements.
(16) Wall condition and cleanliness. Wall and ceiling surfaces shall be maintained without
spots, stains, flakes, chips, holes, etc., and be maintained in a clean and sanitary
condition.
(17) Mold and mildew. All surfaces, including carpeting and flooring, and fixtures shall
be free from mold and mildew.
(18) Electrical equipment. For the purpose of this article, electrical equipment shall
include furniture items installed by the owner, operator or manager, including
televisions, lamps, etc. All electrical items must be properly maintained and must be
in operable condition.
(19) Furniture condition. All furniture items shall be maintained in proper working
condition, without defects, chips, holes, etc.
(20) Shades, draperies and blinds. Shades, draperies or blinds shall be appropriately hung
to cover all windows and appropriate light fixtures. All shades, draperies and blinds
shall be free of stains, holes, rips or odors in excess of normal wear and tear, and
shall be maintained in a sanitary, non-defective condition.
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(21) Sanitation and cleaning. All hotel rooms shall be thoroughly cleaned and provided
with clean and sanitary sheets, towels and pillowcases upon a change of occupancy,
or at least once a week when occupancy does not change. Daily cleaning schedules
shall be in writing and shall be maintained in the manager’s office.
(22) General conditions. The exterior and interior hotel premises shall at all times be
maintained in a good condition free from rubbish, garbage, refuse, and litter.
(23) Windows. All windows designed to be opened shall be operable and have an
operable window security or locking device. All window panes shall be properly
maintained and not broken.
(24) Door locks. All rooms are required to be outfitted with exterior electronic/magnetic
locks for guests to gain access to their rooms or by locks that meet with the approval
of the building official. All locks must comply with state and local laws.
(25) Security bars. If any security bars are installed over windows or doors, the bars shall
be equipped with approved release mechanisms which are operable from inside the
room without the use of a key, card, or combination. The release mechanisms for
such bars shall not require any special knowledge or effort to operate.
(26) Covering of wells, cesspools and cisterns. All wells, cesspools, and cisterns shall be
securely covered or securely closed.
(27) Sidewalks, stairs, etc. All sidewalks, ramps, bridges, parking lots, stairs and steps
shall be properly maintained and shall comply with applicable town ordinances.
(28) Fences. All fences and screening fences shall be properly maintained and shall
comply with applicable town ordinances.
(29) Parking lots. All parking lots shall be properly maintained and shall comply with
applicable town ordinances. All parking markings and fire lane markings shall be
legible and maintained in accordance with applicable laws. An owner or operator
shall ensure that guests do not use parking lots or hotel premises for the storage of
heavy loads, tractor-trailers, or heavy equipment.
(30) Insect treatment required. All hotel premises shall be free from infestation and shall
be treated for the extermination of insects at least once a year by a state-licensed
exterminator.
(31) Rodents, insects and other vermin. All hotel premises shall be maintained so that they
are free from infestation of rodents, insects, and vermin and free from conditions that
encourage or harbor rodents, insects, and vermin.
Sec. 3.12.006
Inspections; cancellation of permit
(a) Generally. The owner, operator, and manager, as a condition to the issuance of the annual
hotel permit required by this article, shall consent and agree to permit and allow the town’s
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building official to make the following inspections of the hotel when and as needed to ensure
compliance with this article:
(1)
Right and access to inspect all portions of the hotel premises and structures located
on the hotel premises that are not guest rooms. This includes all storage areas,
community buildings, swimming pools, athletic facilities, club rooms, equipment
rooms and all other portions of the facilities not constructed as guest rooms, upon
reasonable advance verbal or written notice being given to the owner, operator or
manager.
(2)
Right and access to inspect all unoccupied guest rooms upon giving reasonable
verbal or written notice to the owner, operator or manager.
(3)
Right and access to inspect all occupied guest rooms when, upon receipt of reliable
information, the building official has reason to believe that violations of the Code of
Ordinances of the town or state law exist that involve serious threats to life, safety,
(4)
Annually, the owner, operator or manager shall make all guest rooms in the hotel
available for inspection by the building official. The building official and the owner,
operator and manager shall agree on a reasonable date and time for each annual
inspection. In the event the parties cannot agree on an inspection time, said annual
inspection shall occur within fourteen (14) days of the anniversary date of the
application for the hotel permit.
(b) Inspection of occupied rooms. The building official may enforce the provisions of this
article, upon presentation of proper identification to the occupant in charge of any unit, and may
enter, with the occupant’s permission, any guest rooms between the hours of 8:00 a.m. and 5:00
p.m.; provided, however, that in cases of emergency where extreme hazards are known to exist
which may involve imminent injury to persons, loss of life or severe property damage, the
building official may enter the aforementioned guest rooms at any time and the requirement for
building official is denied admission to inspect any guest room or hotel premises under this
provision, inspection shall be made only under authority of a warrant issued by a magistrate
authorizing the inspection. In applying for such a warrant, the building official shall submit to the
magistrate an affidavit setting forth his belief that a violation of this article exists with respect to
the place sought to be inspected and the reasons for such belief. Upon a finding of probable cause
by a magistrate, a warrant shall issue, and such warrant shall constitute authority for the building
official to enter upon and inspect the hotel premises or portion thereof described therein.
second reinspection due to noted violations, a reinspection fee in the amount established by the
fee schedule in appendix A to this code or such other reinspection fee as designated in the fee
schedule adopted by the town shall be paid prior to the second reinspection.
(d) Revocation of certificate of occupancy and cancellation of permit; additional remedies. If
the owner, operator or manager fails to comply with the terms of this article within thirty (30)
days after receipt of written notice from the building official setting out the number and nature of
violations of this article and/or state law and the time allowed to rectify such violations, the
owner’s certificate of occupancy may be revoked and the hotel permit authorized by this article
may be cancelled. Failure to comply may also result in the owner, operator, or manager being
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issued class C misdemeanor citations for such violations in accordance with section 3.12.002 of
this article. Additionally, the building official may notify any and all utility companies serving the
hotel that the hotel’s certificate of occupancy has been revoked and request that all public utility
services be discontinued. The remedies set forth in this article are not exclusive. The town may
exercise all legal rights and remedies available to it under state law, this article, or any other
ordinance of the town, both criminal and civil in nature and whether at law or in equity.
reissuance of the certificate of occupancy shall be required to apply for and receive a new hotel
permit issued under this article as a condition precedent to the reissuance or reinstatement of the
Code)
Sec. 3.12.007
Appeals
(a) The owner, operator, or manager of a hotel subject to this article may appeal any decision
or order of the building official to the town council. Such appeal shall be filed at the office of the
town secretary, shall be in writing, and shall specifically state the basis for the appeal from the
decision or order of the building official. An appeal under this section shall be filed within five
(5) working days (Monday through Friday), excluding holidays, after the decision or order
appealed from has been issued in writing by the building official, shall be filed during regular
business hours and shall be submitted by the appellant on a form supplied by the town secretary.
(b) Within thirty (30) days after receiving the written appeal, the town secretary shall fix a
date, time and place for the hearing of the appeal by the town council, which may be held at a
regular or special called meeting of the council. Written notice of the date, time and place of the
hearing shall be given to each appellant by the town secretary, either by causing a copy of such
notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid,
addressed to the appellant at his address shown on the written appeal.
constitute a waiver of such person’s right to a hearing by the town council, and such failure shall
render the decision or order of the building official as final.
(d)
Orders of the building official are stayed pending appeal.
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ARTICLE 3.13 FLOOD DAMAGE PREVENTION*
Sec. 3.13.001
Findings of fact
(a) The flood hazard areas of the town 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.
(Ordinance 1997-05, art. I, adopted 3/18/97; Ordinance 2005-18, sec. II, adopted 7/18/05; 2006
Code, ch. 4, sec. 1.01; Ordinance 2011-12, sec. 2 (1.01), adopted 4/4/11)
Sec. 3.13.002
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 future 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, storm drainage and sanitary sewer lines, streets and bridges
located in a SFHA;
(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 when a property is in a flood area.
(Ordinance 1997-05, art. I, adopted 3/18/97; Ordinance 2005-18, sec. III, adopted 7/18/05; 2006
*
State law references–Flood Control and Insurance Act, V.T.C.A., Water Code, sec. 16.311 et seq.;
governing body shall adopt ordinances or orders necessary to participate in National Flood Insurance
Program, V.T.C.A., Water Code, sec. 16.3145; responsibility to establish flood hazard regulations,
V.T.C.A., Water Code, sec. 16.315.
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Sec. 3.13.003
Methods of reducing flood losses
In order to accomplish its purposes, this article employs the following methods, techniques,
and/or provisions:
(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 that 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.
(Ordinance 1997-05, art. I, adopted 3/18/97; Ordinance 2005-18, sec. IV, adopted 7/18/05; 2006
Sec. 3.13.004
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 town’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 the town 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
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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 one percent (1%) 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 zone A, AE, AH, A1-A30, AR, V130, or VE that indicates the water surface elevation resulting from the flood that has a one percent
(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 in 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.
Elevation certificate. FEMA Form 81-31. An administrative tool of the NFIP used to provide
elevation information necessary to ensure compliance with town floodplain management
ordinances, to determine the proper insurance premium rate, and to support a request for a letter
of map amendment or revision (LOMA or LOMR-F).
Existing construction. For the purpose 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 the town.
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).
Federal Emergency Management Agency (FEMA). The federal agency responsible for the
emergency evaluation and response to natural disasters caused by earthquakes, hurricanes, floods,
tornadoes, snowstorms, hail, forest fires, drought and weather-related phenomenon.
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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 of runoff of surface waters from any source.
Flood elevation study or flood insurance 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 (FIRM). An official map of the town, on which the Federal Emergency
Management Agency (FEMA) has delineated both the areas of special flood hazards and the risk
premium zones applicable to the town.
Floodplain administrator. The floodplain administrator of the town, or their designee.
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.
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 areas within the town 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.
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 or 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.
Functionally dependent use. A use that 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.
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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 of 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.
LOMR (letter of map revision). A letter from FEMA officially revising the current FIRM to show
changes to floodplains, floodways, or flood elevations.
Lowest floor. The lowest floor of the lowest enclosed area (including basement). An unfinished or
flood-resistant enclosure, usable solely for parking or 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 60.03 [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 (MSL). For purposes of the National Flood Insurance Program, the National
Geodetic Vertical Datum (NGVD) of 1929, or other datum, to which base flood elevations shown
on the town’s flood insurance rate map are referenced.
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National Flood Insurance Program (NFIP). The program of flood insurance coverage and
floodplain management administered under the National Flood Insurance Act of 1968 and any
amendments to it and applicable federal regulations promulgated in title 44 of the Code of
Federal Regulations, subchapter B.
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 the town 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 the town.
Recreational vehicle. A vehicle that is:
(1)
Built on a single chassis;
(2)
Four hundred (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. See definition for “Floodway.”
Riverine. Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
Special flood hazard area (SFHA). See definition for “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 one hundred
eighty (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 filing; 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
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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, than is principally above ground, as well as a manufactured home.
Substantial damage. Damage of any origin sustained by a structure whereby the costs of restoring
the structure to its before-damaged condition would equal or exceed fifty percent (50%) 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 fifty percent (50%) of the market value of the
structure before “start of construction” of the improvement. This includes structures that 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 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 the town from the terms of a floodplain management regulation.
(For full requirements see section 60.6 of the National Flood Insurance Program regulations
which are incorporated herein by reference.)
Water surface elevation. The height, in relation to the National 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.
(Ordinance 1997-05, art. II, adopted 3/18/97; Ordinance 2005-18, sec. VI, adopted 7/18/05; 2006
Sec. 3.13.005
General provisions
(a) Lands to which this article applies. This [article] shall apply to all areas of special flood
hazard in the jurisdiction of the town.
(b) 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 Denton County, Texas and
Incorporated Areas,” dated April 18, 2011, with accompanying flood insurance rate maps
(FIRM), dated April 18, 2011, and “The Flood Insurance Study (FIS) for Tarrant County, Texas
and Incorporated Areas,” dated September 25, 2009, with accompanying flood insurance rate
maps (FIRM) dated September 25, 2009, and any revisions thereto are hereby adopted by
reference and declared to be a part of this article.
(c) Development in floodplain. Development in the town floodplain shall meet applicable
FEMA regulations and all town ordinances.
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(d) 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 laws, codes or
regulations.
(e) Abrogation and greater restrictions. This article is not intended to repeal, abrogate, or
impair any existing easements, covenants, or deed restrictions. However, where a term or
provision of this article and any other ordinance, easement, covenant, or deed restriction conflict
or overlap, whichever imposes the more stringent restrictions shall prevail.
(f)
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 law.
(g) 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
damage. This article shall not create liability on the part of the town or any official or employee
thereof for any flood damages that result from reliance on this article or any administrative
decision lawfully made thereunder.
(h) Dumping and obstructions prohibited. The placement or dumping of any material
(including but not limited to dirt, rock, construction debris, rubbish, refuse, tree and brush
cuttings, grass clippings, or any other waste, material, or device which may obstruct or impede
flow) in a SFHA that regularly or periodically carries surface water is prohibited.
(Ordinance 1997-05, art. III, adopted 3/18/97; Ordinance 2005-18, sec. VII, adopted 7/18/05;
2006 Code, ch. 4, secs. 1.04, 1.06; Ordinance 2011-12, sec. 2 (1.05), adopted 4/4/11; Ordinance
2011-15 adopted 4/18/11)
Sec. 3.13.006
Administration
(a) Designation of floodplain administrator. The town manager or designee is hereby appointed
as the floodplain administrator to administer and implement the provisions of this article and
other appropriate sections of 44 CFR (National Flood Insurance Program Regulations) pertaining
to floodplain management.
(b) 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 proposed development applications to determine whether proposed building
sites, including the placement of manufactured homes, will be reasonably safe from
flooding.
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(3)
Review, approve, or deny all applications for development required by this article.
(4)
Review 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. When such interpretation results in a
determination that an area is not in a special flood hazard area, the issuance of a
building permit for any part of the area subsequent thereto shall be subject to the
applicant’s agreement to indemnify, hold harmless, and defend the town, the town
engineer, and the floodplain administrator for any adverse consequences resulting
from or related to such determination.
(6)
Notify, in riverine situations, adjacent communities, and the state coordinating
agencies, which are state commission on environmental quality (TCEQ) and the state
water commission, 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 with the altered or relocated portion of any
watercourse is maintained or increased.
(8)
When base flood elevation data has not been provided in accordance with section
3.13.005(b), 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 section 3.13.007.
(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
town’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 (1')
at any point within the town.
(10) Under the provisions of 44 CFR chapter 1, section 65.12 of the National Flood
Insurance Program regulations, the town, in its sole discretion, may choose to
exercise, or decline to exercise, its authority to approve certain development in zones
A1-30, AE, [and] AH, on the town’s FIRM which increases the water surface
elevation of the base flood by more than 1 foot, provided that the town first
completes all of the provisions required by section 65.12.
(c)
Permit procedures.
(1)
Application for a floodplain development permit shall be presented to the floodplain
administrator on forms furnished by the floodplain administrator and may include,
but not be limited to, plans in duplicate drawn to scale showing the exact location,
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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:
(2)
(A)
Elevation (in relation to mean sea level) of the lowest floor (including
basement) of all new and substantially improved structures;
(B)
Elevation in relation to mean sea level to which any nonresidential structure
shall be floodproofed;
(C)
A certificate from a registered professional engineer or architect that the
nonresidential floodproofed structure shall meet the floodproofing criteria of
section 3.13.007(b)(2);
(D)
Description of the extent to which any watercourse or natural drainage will be
altered or relocated as a result of proposed development;
(E)
Maintain a record of all such information in accordance with section
3.13.006(b)(1).
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:
(A)
The danger of life and property due to flooding or erosion damage;
(B)
The susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the individual owner;
(C)
The danger that materials may be swept onto other lands to the injury of other
persons or property;
(D)
The compatibility of the proposed use with existing and anticipated
development;
(E)
The safety of access to the property in times of flood for ordinary and
emergency vehicles;
(F)
The costs of providing governmental services during and after flood conditions,
including maintenance and repair of streets, bridges, public utilities, and
facilities such as sewer, gas, electrical and water systems;
(G)
The expected heights, velocity, duration, rate of rise and sediment transport of
the floodwaters and effects of wave action, if applicable, expected at the site;
(H)
The necessity to the facility of a waterfront location, where applicable;
(I)
The availability of alternative locations, not subject to flooding or erosion
damage, for the proposed use.
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(d)
Variance procedures.
(1)
The building board of appeals, empowered under the 2003 building code, and as
appointed by the town council, shall hear and render judgment on requests for
variances from the requirements of this article. Upon consideration of the factors
noted in this section and the intent of this article, the building board of appeals may
attach such conditions to the granting of variances as it deems necessary to further
the purpose and objectives of this article.
(2)
The building board of appeals, empowered under the 2003 building code, 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, provided that written notice of such
appeal is filed with the floodplain administrator within ten (10) business days of the
date of the decision or a determination by the floodplain administrator.
(3)
Any person or persons aggrieved by the decision of the building board of appeals
may appeal such decision in the courts of competent jurisdiction.
(4)
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.
(5)
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
history places, without regard to the procedures set forth in the remainder of this
article.
(6)
Variances may be issued for new construction and substantial improvements to be
erected on a lot of one-half 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 subsection (c)(2) of this section have been fully considered. As the lot size
increases beyond one-half acre, the technical justification required for issuing the
variance increases.
(7)
Upon consideration of the factors noted above and the intent of this article, the
building board of appeals, empowered under the 2003 building code, may attach such
conditions to the granting of variances as it deems necessary to further the purpose
and objectives of this article (section 3.13.002).
(8)
Variances shall not be issued within any designated floodway if any increase in flood
levels during the base flood discharge would result.
(9)
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.
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(10) Prerequisites for granting variances are as follows:
(A)
Variances may only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
(B)
Variances may only be issued upon:
(i)
Showing a good and sufficient cause;
(ii)
A determination that failure to grant the variance would result in
exceptional hardship to the applicant; and
(iii) A determination that the granting of a variance will not result
increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisances, cause fraud on
victimization of the public, or conflict with existing local laws
ordinances.
(C)
in
or
or
or
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.
(11) Variances may be issued by the town for new construction and substantial
improvements and for other development necessary for the conduct of a functionally
dependent use provided that:
(A)
The criteria outlined in subsections (d)(1) to (9) of this section are met; and
(B)
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.
(Ordinance 1997-05, art. IV, adopted 3/18/97; Ordinance 2005-18, sec. VIII, adopted 7/18/05;
2006 Code, ch. 4, sec. 1.07; Ordinance 2011-12, sec. 2 (1.06), adopted 4/4/11)
Sec. 3.13.007
Flood hazard reduction standards
(a) 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 movements 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;
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(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 designated 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.
(8)
All new critical facilities, such as emergency centers, hospitals, fire stations, power
stations, hazardous materials storage sites or other sites determined by the town are
prohibited from the 500-year floodplain.
(b) Specific standards. In all areas of special flood hazards where base flood elevation data has
been provided as set forth in section 3.13.005(b), section 3.13.006(b)(8), or subsection (c)(3) of
this section, 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 a
minimum of two feet (2') or more above the base flood elevation. A registered
professional engineer or land surveyor shall submit a FEMA floodplain elevation
certification to the floodplain administrator that the standard of this subsection, as
proposed in section 3.13.006(c)(1)(A), 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 two feet (2') or more above the base flood level
or, together with attendant utility and sanitary facilities, shall be designed so that
below this level (minimum two feet (2') above the base flood elevation) 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 any area other than a basement and which are subject to flooding
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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:
(4)
(A)
A minimum of two (2) openings on separate walls having a total net area of not
less than one (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 one foot (1') 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.
Manufactured homes.
(A)
Require that all manufactured homes to be placed within zone A on a town’s
FHBM or FIRM shall be installed using methods and practices that 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 town’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 a minimum of two feet (2') 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 be 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 (b)(4) of this section be elevated so that either:
(i)
The lowest floor of the manufactured home is a minimum of two feet (2')
at or above the base flood elevation; or
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(ii)
(5)
(c)
The manufactured home chassis is supported by reinforced piers or other
foundation elements of at least equivalent strength that are not less than
thirty-six inches (36") 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 town’s FIRM either:
(A)
Be on the site for fewer than one hundred eighty (180) consecutive days;
(B)
Be fully licensed and ready for highway use; or
(C)
Meet the permit requirements of 3.13.006(c)(1) and the elevation and
anchoring requirements for “manufactured homes” in subsection (b)(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.
(6)
Floodplain compensation. Whenever any portion of a floodplain is authorized for use,
the space occupied by the authorized fill or structure below the base flood elevation
shall be compensated for by a hydraulically equivalent volume of excavation taken
from below the base flood elevation. All such excavations shall be constructed to
drain freely to the watercourse.
(7)
Foundation protection; engineered fill. All new buildings constructed in zones A, A130, AH and AE on the town’s FIRM must be constructed on properly designed and
compacted fill.
Standards for subdivision proposals.
(1)
All subdivision proposals, including the placement of manufactured home parks and
subdivisions, shall be consistent with sections 3.13.001, 3.13.002, and 3.13.003 of
this article.
(2)
All proposals for the development of subdivisions, including the placement of
manufactured home parks and subdivisions, shall meet floodplain development
permit requirements of section 3.13.005(c) and section 3.13.006(c), and the
provisions of this section.
(3)
Base flood elevation data shall be generated for subdivision proposals and other
proposed development, including the placement of manufactured home parks and
subdivisions, which are greater than fifty (50) lots or five (5) acres, whichever is
lesser, if not otherwise provided pursuant to section 3.13.005(b) or section
3.13.006(b)(8) of this article.
(4)
Base flood elevation data, with the establishment of a floodway, shall be generated
by a detailed engineering study for all zone A areas, within 100 feet of the boundary
lines of zone A areas, and other streams not mapped by FEMA, as indicated on the
town’s FIRM.
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(5)
subdivisions, shall have adequate drainage provided to reduce exposure to flood
hazards.
(6)
subdivisions, shall have public utilities and facilities such as sewer, gas, electrical and
water systems located and constructed to minimize or eliminate flood damage.
(7)
Compensatory storage requirement (cut and fill) is required by developers to
compensate for the loss of conveyance (storage) caused by filling in the floodplain
fringe by removing the hydraulically equivalent amount of material in the floodplain
near the proposed development. This will help to maintain flood storage and ensure
that floodwaters will not be displaced onto another property as the result of a
floodplain fill.
(d) Standards for areas of shallow flooding (AO/AH zones). Located within the areas of special
flood hazard established in section 3.13.005(b) 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 two (2) feet above the base flood
elevation or the highest adjacent grade at least as high as the depth number specified
in feet on the town’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 two (2) feet above the
base flood elevation or the highest adjacent grade at least as high as the depth
number specified in feet on the town’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
3.13.006(c), 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.
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(e) Floodways. Located within areas of special flood hazard established in section 3.13.005(b)
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 any 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 town during
the occurrence of the base flood discharge.
(2)
If subsection (e)(1) above is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction provisions of
this section.
(3)
Under the provisions of 44 CFR chapter 1, section 65.12, of the National Flood
Insurance Program Regulations, the town may permit encroachments within the
adopted regulatory floodway that would result in an increase in base flood elevations,
provided that the town first completes all of the provisions required by section 65.12.
(Ordinance 1997-05, art. V, adopted 3/18/97; Ordinance 2005-18, sec. IX, adopted 7/18/05; 2006
Sec. 3.13.008
Violations
(a) No structure, land, or development shall hereafter be constructed, located, extended,
converted or altered without full compliance with the terms of this article and other applicable
regulations.
(b) 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.
(Ordinance 2005-18, sec. X, adopted 7/18/05; 2006 Code, ch. 4, sec. 1.09; Ordinance 2011-12,
sec. 2 (1.08), adopted 4/4/11)
ARTICLE 3.14 RUNOFF CONTROL, EROSION CONTROL AND
DISCHARGES TO STORM DRAINAGE SYSTEM
Sec. 3.14.001
General provisions
(a) Purpose. The purpose of this article is to safeguard persons, protect property, and prevent
damage to the environment in the town by regulating activities that may contaminate stormwater
runoff. This article is intended to promote the public welfare by guiding, regulating, and
controlling the design, construction, use, and maintenance of any development or other activity
that disturbs or breaks the topsoil or results in the movement of earth on land in the town. This
article is also intended to provide for the health, safety, and general welfare of the citizens of the
town through the regulation of non-stormwater discharges to the storm drainage system to the
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maximum extent practicable as required by federal and state law. This article establishes methods
for controlling the introduction of pollutants into the municipal separate storm sewer system
(MS4) in order to comply with requirements of the Texas Pollutant Discharge Elimination
System (TPDES) permit process. The objectives of this article are to:
(1)
Manage stormwater runoff from any development in order to reduce siltation,
increases in stream temperature, and stream bank erosion, and maintain the integrity
of stream channels;
(2)
Minimize increases in non-point source pollution caused by stormwater runoff from
development that would otherwise degrade local water quality;
(3)
Reduce soil erosion and non-point source pollution, wherever possible, through
stormwater management controls and ensure that these management controls are
properly maintained and pose no threat to public safety;
(4)
Regulate the contribution of pollutants to the municipal separate storm sewer system
(MS4) by stormwater discharges by any user;
(5)
Prohibit illicit connections and discharges to the municipal separate storm sewer
system;
(6)
Establish legal authority to carry out inspection, surveillance and monitoring
procedures necessary to ensure compliance with this article.
(b) Applicability. This article shall apply to all areas of land within the incorporated limits and
extraterritorial jurisdiction of the town. This article shall apply to all water entering the storm
drain system generated on any developed and undeveloped lands unless explicitly exempted by
the town.
(c) Disclaimer of liability. The erosion protection required by this article is considered
reasonable for regulatory purposes and is based on scientific and engineering considerations. This
article does not imply that erosion controls will survive inundation by runoff from storms greater
than the design flood for erosion controls. This article shall not create liability on the part of the
town or any officer, employee, agent, or representative of the town for any erosion or related
damages that result from reliance on this article, state or federal law or regulation, or any
administrative decision lawfully made pursuant hereto or pursuant to such state or federal law or
regulation.
(d) Scope. Except where a waiver is granted, any person, firm, sole proprietorship, partnership,
corporation, state agency, or political subdivision proposing a land-disturbing activity within the
town shall apply to the town for the approval of the stormwater pollution control plan and/or an
erosion control plan, as applicable. No land shall be disturbed until the plan is approved by the
town and conforms to the standards set forth herein.
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Sec. 3.14.002
Definitions
Unless a provision explicitly states otherwise, the following terms and phrases, as used in this
article, shall have the meanings hereinafter designated:
Appeal. A request for review or interpretation of any provision of this article or a request for a
waiver.
Applicant. Any firm, entity, partnership, company, public utility company or individuals who
plan to clear, grub, fill, excavate, grade or otherwise remove the vegetative cover of land, or who
plan to either subdivide land and install the appropriate infrastructure or renovate existing
structures, shall become applicants for a development permit upon submission of the appropriate
application materials.
Below-ground installation. Activity that causes excess sediment-laden water, concrete sawing
wash water, wash water or drilling mud pumped from an excavation or structure, and shall be
treated as sediment-laden runoff for erosion control purposes.
Best management practices (BMPs). Schedules of activities, prohibition of practices, maintenance
procedures, and other management practices to prevent or reduce the pollution of the municipal
separate storm sewer system (MS4) and waters of the United States. BMPs also include treatment
requirements, operating procedures, and practices to control plant site runoff, spillage or leaks,
sludge or waste disposal, or drainage from raw material storage.
Builder. A person, partnership or corporation engaged in clearing, grubbing, filling, excavating,
grading, constructing a pad, installing service utility lines and/or constructing or placing a
building(s) or other structure(s) on a lot or other type of tract of land that is owned by a third
party or by the person, partnership or corporation, and that will not be further subdivided into
other lots.
Building. Any structure, either temporary or permanent, having walls and a roof, designed for the
shelter of any person, animal, or property.
Cellar dirt. Construction site waste materials, such as natural rock and soil overburden.
CFR. Code of Federal Regulations.
Channel. A natural or artificial stream with a definite bed and banks that conveys continuously or
periodically flowing water. Channels are often further classified by their size and purpose. For
example, there are primary and secondary channels based on size, but diversions, waterways and
chutes are also channels.
Channel improvement. The improvement of the flow characteristics of a channel by clearing,
excavating, realigning, lining or other means in order to increase its capacity. The term is
sometimes used to mean channel stabilization.
Channel stabilization. Erosion prevention and stabilization of velocity distribution in a channel
using jetties, drops, revetments, vegetation and other measures.
Check dam. A small dam constructed in a gully or other small watercourse to decrease the stream
flow velocity, minimize channel scour and promote deposition of sediment.
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Clean Water Act. The federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), and any
subsequent amendments thereto.
Clearing. Any activity that removes the vegetative surface cover.
Conduit. Any closed device for conveying flowing water.
Construction activity. Activities subject to NPDES or TPDES construction permits, including but
not limited to construction projects resulting in land disturbance of five thousand square feet or
more. Such activities also include but are not limited to clearing and grubbing, grading,
excavating, and demolition.
Contaminated. Containing a harmful quantity of any substance.
Contamination. The presence of or entry into a public water supply system, the MS4, waters of
the state, or waters of the United States of any substance that may be deleterious to the public
health and/or the quality of the water.
Cosmetic cleaning. Cleaning done for cosmetic purposes. It does not include industrial cleaning,
cleaning associated with manufacturing activities, hazardous or toxic waste cleaning, or any
cleaning otherwise regulated under federal, state, or local laws.
Cover, vegetative. All plants of all sizes and species found on an area, irrespective of whether
they have forage or other value, but especially used to refer to vegetation producing a mat on or
immediately above the soil surface. Temporary vegetative cover refers to the use of annual plants
for the cover, while permanent vegetative cover refers to the use of perennial plants.
Dedication. The deliberate appropriation of property by its owner for general public use.
Designated official. An employee, agent, or representative of the town designated by the town
council and town manager for administration and enforcement of this article.
Detention facility. A detention basin or alternative structure designed for the purpose of
temporary storage of stream flow or surface runoff and gradual release of stored water at
controlled rates.
Developer. A person, partnership, corporation or other entity who owns a tract of land and who is
engaged in clearing, grubbing, filling, mining, excavating, grading, installing streets and utilities
to be dedicated to or accepted by the town, and/or otherwise preparing that tract of land for the
eventual division of the tract into one or more lots on which building(s) or other structure(s) will
be constructed or placed.
Development. Any man-made change to improved or unimproved real estate, including, but not
limited to, adding buildings or other structures, mining, dredging, filling, grading, paving,
excavation, drilling operations, grading, clearing or removing the vegetative cover.
Discharge. Any addition or introduction of any pollutant, stormwater, or any other substance
whatsoever into the municipal separate storm sewer system (MS4) or into waters of the United
States.
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Discharger. Any person or entity who causes, allows, permits, or is otherwise responsible for a
discharge, including, without limitation, any operator of a construction site.
Disturbance. Any operation or activity, such as clearing, grubbing, filling, excavating, mining,
cutting, grading, or removing channel linings, which results in the removal or destruction of the
protective cover of soil, including vegetative cover, channel linings, retaining walls, and slope
protection.
Disturbed areas. Any area or tract of land in which a disturbance is occurring or has occurred but
that has not been stabilized.
Drainage easement. A legal right granted by a landowner to a grantee allowing the use of private
land for stormwater management purposes.
Drainageway. Any channel that conveys surface runoff throughout the site.
Environmental Protection Agency or EPA. The United States Environmental Protection Agency,
or any duly authorized official of such agency.
Erosion. The wearing away of land by action of wind and water.
Erosion control. Refers to methods employed to prevent erosion, to include soil stabilization
practices, horizontal slope grading, temporary or permanent cover, and construction phasing.
Facility. Any facility, including construction sites, required by the federal Clean Water Act to
have a permit to discharge stormwater associated with construction activity.
Final approval. Completion of a project, site or building in accordance with town requirements
and codes. In the case of a building, the point at which a permanent certificate of occupancy is
issued.
Fire code. The fire prevention and protection ordinances as adopted by the town.
Fire department. The fire services division of the department of public safety for the town, or any
duly authorized representative thereof.
Fire protection water. Any water, and any substances or materials contained therein, used by any
person other than the fire department to control or extinguish a fire.
Gabion. A galvanized wire basket filled with stone for structural purposes. When fastened
together, they may be used as retaining walls, revetments, slope protection and similar structures.
Grading. Any stripping, cutting, excavation, filling, stockpiling of material or combination
thereof that modifies the existing land surface contour.
Grass. Any member of the botanical family Gramineae; herbaceous plants with bladelike leaves
arranged in two ranks on a round to flattened stem. Common examples are fescue, Bermuda grass
and Bahia grass. The term “grass” is sometimes used to indicate a combination of grass and
legumes grown for forage or turf purposes.
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Harmful quantity. The amount of any substance that will cause pollution of waters in the state or
waters of the United States, or that will cause lethal or sub-lethal adverse effects on
representative, sensitive aquatic monitoring organisms belonging to the town, upon their exposure
to samples of any discharge into waters in the state, waters of the United States, or the MS4.
Hazardous materials. Any material, including any substance, waste, or combination thereof,
which because of its quantity, concentration, or physical, chemical, or infectious characteristics
may cause, or significantly contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated, stored, transported,
disposed of, or otherwise managed.
Hotspot. An area where land use or activities generate highly contaminated runoff, with
concentrations of pollutants in excess of those typically found in stormwater.
Illegal discharge. Any direct or indirect non-stormwater discharge to the storm drain system,
except as exempted by this article.
Illicit connection. Either of the following:
(1)
Any drain or conveyance, whether on the surface or subsurface, which allows an
illegal discharge to enter the storm drain system, including but not limited to any
conveyances which allow any non-stormwater discharge, including sewage, process
wastewater, and wash water, to enter the storm drain system, and any connections to
the storm drain system from indoor drains and sinks, regardless of whether such drain
or connection had been previously allowed, permitted, or approved by a designated
official; or
(2)
Any drain or conveyance connected from a commercial or industrial land use to the
storm drain system which has not been documented in plans, maps, or equivalent
records and approved by a designated official.
Impervious cover. Those surfaces that cannot effectively infiltrate rainfall (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).
Infiltration. The process of percolating stormwater into the subsoil.
Land-disturbing activity. Any activity, including but not limited to excavation, planting, tilling,
grading, digging, cutting, scraping, or excavating of soil, placement of fill materials, paving,
construction, substantial removal of vegetation, or any activity which bares soil or rock or
involves the diversion or piping of any natural or man-made watercourse, which disturbs the
natural or improved vegetative ground cover so as to expose soil to the erosive forces of rain,
stormwater runoff or wind. All installations and maintenance of franchise utilities such as
telephone, gas, electric, etc., shall be considered land-disturbing activities.
Landowner. The legal or beneficial owner of land, including those holding the right to purchase
or lease the land, or any other person holding proprietary rights in the land.
Mulching. The application of plant or other suitable materials on the soil surface to conserve
moisture, reduce erosion and aid in establishing plant cover.
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Municipal separate storm sewer system (MS4). The system of conveyances (including sidewalks,
roads with drainage systems, municipal streets, catchbasins, curbs, gutters, ditches, man-made
channels, inlets, piped storm drains, pumping facilities, retention and detention basins, natural
and human-made or altered drainage channels, reservoirs, and other drainage structures or storm
drains) owned and operated by the town and designed or used for collecting or conveying
stormwater, and which is not used for collecting or conveying sewage.
National Pollutant Discharge Elimination System (NPDES). The national program for issuing,
modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing
and enforcing pretreatment requirements, under sections 307, 402, 318, and 405 of the federal
Clean Water Act, as amended.
Non-point source pollution. Pollution from any source other than from any discernible, confined,
and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural,
mining, construction, subsurface disposal and urban runoff sources.
Non-stormwater discharge. Any discharge to the storm drain system that is not composed entirely
of stormwater.
Notice of intent or NOI. The notice of intent that is required by the TPDES stormwater multisection general permit, the EPA Region 6 TPDES stormwater construction general permit.
NPDES. The National Pollutant Discharge Elimination System.
NPDES permit. A permit issued by the EPA (or by the state under authority delegated pursuant to
33 USC section 1342(b), as amended), that authorizes the discharge of pollutants to waters of the
United States, whether the permit is applicable on an individual, group, or general area-wide
basis.
Off-site borrow area. A source of earth fill material used in the construction of embankments or
other earth fill structures that is located on another parcel of property other than where the
principal construction is occurring.
Off-site facility. A stormwater management measure located outside the subject property
boundary described in the permit application for land development activity.
Off-site sedimentation. Deposit of soil material beyond the limits of the property undergoing landdisturbing activity or in town streets, alleys or drainage facilities in an amount sufficient to
constitute a threat to public safety and comfort.
Off-site spoil area. An area on another parcel of property, other than where the principal
construction is occurring, where excess earth, rock or construction material is disposed of.
On-site facility. A stormwater management measure located within the subject property boundary
described in the permit application for land development activity.
Operate. Drive, conduct, work, run, manage, or control.
Operator. The person or persons that either individually or taken together meet the following two
criteria: (i) they have operational control over the site specifications (including the ability to make
or authorize modifications in specifications), and (ii) they have the day-to-day operational control
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of those activities at the site necessary to ensure compliance with SWPPP requirements and any
permit conditions. This term includes but is not limited to landowners, developers, and builders
who have control or oversight. As used herein the term “control” shall include, without limitation,
actual control over details of the work, oversight, or payment responsibility for the work being
performed.
Perimeter control. A barrier that prevents sediment from leaving a site by filtering sedimentladen runoff or diverting it to a sediment trap or basin.
Permanent erosion control devices. Devices or practices installed prior to final approval and
maintained after final approval to prevent or minimize the erosion and deposit of soil materials.
Such devices may include, but shall not be limited to, permanent seeding, sod, storm drain
channels, channel linings, storm drain pipes, outlet velocity control structures and stormwater
detention structures.
Permanent erosion controls. Stabilization of erosive or sediment-producing areas by the use of
means or techniques that will provide protection against erosion losses for an indefinite time
period.
Permanent ground cover. Permanent vegetative cover on all bare soil areas of a property not
covered by a permanent structure or landscaping improvements, including but not limited to live
sod, perennial grasses or other materials which lessen runoff and soil erosion on the property.
Person. Any individual, partnership, copartnership, firm, company, corporation, association, joint
stock company, trust, estate, governmental entity, or any other legal entity, or their legal
representatives, agents, licensees, lessees, assigns, or employees, and includes but is not limited
to landowners, builders, and developers, as further defined in this article. This definition also
includes all federal, state, and local governmental entities and their respective employees, agents,
officers, and representatives.
pH. The logarithm to the base 10 of the reciprocal of the concentration in grams per liter of
hydrogen ions; a measure of the acidity or alkalinity of a solution, expressed in standard units.
Phased occupancy. Use or inhabitation of a single structure or other portion of a project as such
structure or portion thereof is completed, but before the project as a whole is fully completed and
finally approved.
Phasing. Clearing a parcel of land in distinct phases, with stabilization of each phase completed
before the clearing of the next phase.
Point source. Any discernible, confined, and discrete conveyance, including but not limited to
any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock,
concentrated animal feeding operation, landfill leachate collection system, vessel or other floating
craft from which pollutants are or may be discharged. This term does not include return flows
from irrigated agriculture or agricultural stormwater runoff.
Pollutant. Anything that causes or contributes to pollution. Pollutants may include, but are not
limited to, paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid
and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned
objects and accumulations, so that same may cause or contribute to pollution; floatables;
pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform
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and pathogens; dissolved and particulate metals; animal wastes; dredged spoil; incinerator
residue; sewage sludge; filter backwash; munitions; chemical wastes; biological materials; toxic
materials; radioactive materials; heat; wrecked or discarded equipment; rock; sand; cellar dirt;
and industrial, municipal, recreational, and agricultural waste discharged into water or into the
municipal separate storm sewer system; wastes and residues that result from constructing a
building or structure; and noxious or offensive matter of any kind.
Pollution. The alteration of the physical, thermal, chemical, or biological quality of, or the
contamination of, any water of the state or water of the United States, that renders the water
harmful, detrimental, or injurious to humans, animal life, vegetation, or property, or to the public
health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any
lawful or reasonable purpose.
Premises. Any building, lot, parcel of land, or portion of land whether improved or unimproved,
including adjacent sidewalks and parking strips.
Related land area. Includes the property where the principal land-disturbing activity is taking
place, all adjacent property, off-site borrow areas, off-site spoil areas, off-site properties
necessary for required utility extensions, and off-site areas for required street improvements.
Release. Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting,
escaping, leaching, dumping, or disposing into groundwater, subsurface soils, surface soils, the
municipal separate storm sewer system (MS4), the waters of the state, or the waters of the United
States.
Responsible party. A business entity, franchised utility company, developer, landowner, builder,
contractor or holder of a building permit who is required to comply with the terms of this article.
Riprap. Broken rock, cobbles or boulders placed on earth surfaces, such as the face of a dam or
the bank of a stream, for protection against the action of water.
Runoff. That portion of the precipitation that makes its way toward stream channels or lakes as
surface or subsurface flow. When the term “runoff” is used alone, surface runoff usually is
implied.
Sediment. Solid soil material, both mineral and organic, that is being moved or has been moved
from its original site by wind, gravity, flowing water or ice. Also sometimes referred to as “silt”
or “sand.”
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.
Soil. The unconsolidated mineral and organic material on the immediate surface of the earth that
serves as a natural medium for the growth of plants.
Stabilization. The use of practices that prevent exposed soil from eroding.
Stabilized. To be protected from possible erosion losses, usually by the use of vegetative cover.
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Staging area. An on-site or off-site location used by a contractor to store materials for a project,
to assemble portions of equipment or structures, to store equipment or machinery, to park
vehicles, or for other construction-related uses.
Start of construction. The first land-disturbing activity associated with a development, including
but not limited to 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.
State. The State of Texas.
State commission on environmental quality (TCEQ). The state commission on environmental
quality, or any duly authorized official of such agency.
Stop work order. The suspension of all town permits with no approvals or inspections of work for
the site or project being performed and requiring that all construction activity on a site be
stopped.
Storm drainage system. See “Municipal separate stormwater system.”
Stormwater. Any surface flow, runoff, and drainage consisting entirely of water from any form of
natural precipitation, and resulting from such precipitation.
Stormwater discharge permit. A permit issued by the EPA (or by a state under authority
delegated pursuant to 33 USC section 1342(b), as amended), that authorizes the discharge of
pollutants to waters of the United States, whether the permit is applicable on an individual, group,
or general area-wide basis.
Stormwater management. The use of structural or nonstructural practices that are designed to
reduce stormwater runoff pollutant loads, discharge volumes, peak flow discharge rates and
detrimental changes in stream temperature that affect water quality and habitat.
Stormwater pollution prevention plan (SWPPP or SWP3). A plan to describe a process whereby a
facility thoroughly evaluates potential pollutant sources at a site and selects and implements
appropriate measures designed to prevent or control the discharge of pollutants in stormwater
runoff. A comprehensive program to manage the quality of stormwater discharged to a municipal
separate storm sewer system.
Stormwater runoff. Flow on the surface of the ground, resulting from precipitation.
Stormwater treatment practices (STPs). Measures, either structural or nonstructural, that are
determined to be the most effective, practical means of preventing or reducing point source or
non-point source pollution inputs to stormwater runoff and water bodies.
Temporary erosion protection. The stabilization of erosive or sediment-producing areas for a
specific time period, usually during a construction job.
Texas Pollutant Discharge Elimination System (TPDES). The program delegated to the state by
the EPA pursuant to 33 USC section 1342(b), as amended.
Uncontaminated. Not containing a harmful quantity of any substance.
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USC. The United States Code, as amended.
Violation. The failure of a site or development to be fully compliant with this article, state or
federal law, or local, state, or federal regulations.
Waiver. A grant of relief to a person from the requirements of this article when specific
enforcement would result in unnecessary hardship. A waiver, therefore, permits construction or
development in a manner otherwise prohibited by this article.
Wastewater. Any water or other liquid, other than uncontaminated stormwater, discharged from a
facility.
Watercourse. Any permanent or intermittent stream or other body of water, either natural or manmade, which gathers or carries surface water [or] any body of water, including but not limited to
lakes, ponds, rivers, streams, and/or bodies of water that may be delineated by the town.
Water in the state. Groundwater, percolating or otherwise, lakes, bays, ponds, impounding
reservoirs, springs, rivers, streams, creeks, wetlands, marshes, inlets, canals inside the territorial
limits of the state, and all other bodies of surface water, natural or artificial, navigable or nonnavigable, and including the bed and banks of all watercourses and bodies of surface water that
are wholly or partially inside or bordering the state or inside the jurisdiction of the state.
Waters of the United States. All waters which are currently used, were used in the past, or may be
susceptible to use in interstate or foreign commerce; all interstate waters, including interstate
wetlands; all other waters the use, degradation, or destruction of which would affect or could
affect interstate wetlands; all other waters the use, degradation, or destruction of which would
affect or could affect interstate or foreign commerce; all impoundments of waters otherwise
defined as waters of the United States under this definition; all tributaries of waters identified in
this definition; all wetlands adjacent to waters identified in this definition; and any waters within
the federal definition of “waters of the United States” at 40 CFR section 122.2, as amended; but
not including any waste treatment systems, treatment ponds, or lagoons designed to meet the
requirements of the federal Clean Water Act.
Waterway. A channel that directs surface runoff to a watercourse or to the public storm drain.
Wetland. An area that is inundated or saturated by surface or ground water at a frequency and
duration sufficient to support, and that under normal circumstances does support, a prevalence of
vegetation typically adapted for life in saturated soil conditions. Wetlands generally include
swamps, marshes, bogs, and similar areas.
Sec. 3.14.003
Penalty
violating or failing to comply with any provision of this article shall be fined, upon conviction,
not less than one dollar ($1.00) nor more than five hundred dollars ($500.00), and a separate
offense shall be deemed committed upon each day or part of a day during or on which a violation
occurs or continues. (Ordinance 2005-04, sec. XIV, adopted 3/21/05; 2006 Code, ch. 11, sec.
6.09)
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Sec. 3.14.004
(a)
Administration and enforcement
Town responsibilities.
(1)
(2)
Authority.
(A)
The town manager or designee is authorized to administer, implement, and
enforce the provisions of the CFR and all other applicable federal, state and
local laws, including but not limited to all administrative guidelines,
regulations, and interpretations of this article.
(B)
The town shall administer, implement, and enforce the provisions of this
article. Any powers granted or duties imposed upon the designated official may
be delegated in writing by the designated official to persons or entities acting in
the beneficial interest of or in the employ of the town.
Inspections.
(A)
Inspection programs may be established on any reasonable basis, including but
not limited to routine inspections, random inspections, inspections based upon
complaints or other notice of possible violations, inspection of drainage basins
or areas identified as higher than typical sources of sediment or other
contaminants or pollutants, inspections of businesses or industries of a type
associated with higher than usual discharges of contaminants or pollutants or
with discharges of a type which are more likely than the typical discharge to
cause violations of state or federal water or sediment quality standards or the
NPDES stormwater permit, and joint inspections with other agencies
inspecting under environmental or safety laws. Inspections may include, but
are not limited to, reviewing maintenance and repair records, sampling
discharges, surface water, groundwater, and material or water in drainage
control facilities, and evaluating the condition of drainage control facilities and
other stormwater treatment practices.
(B)
All inspections of the stormwater management facility shall be documented
and written reports prepared that contain the following information:
(i)
The date and location of the inspection;
(ii)
Whether construction is in compliance with the approved stormwater
pollution prevention plan;
(iii) Variations from the approved construction specifications;
(iv)
(C)
Any violations that exist.
If any violations are found, the person shall be notified in writing of the nature
of the violation and the required corrective actions. No added work shall
proceed until any violations are corrected and all work previously completed
has received approval by the town.
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(3)
(b)
(c)
Right of entry for inspection. When any new drainage control facility is installed on
private property, or when any new connection is made between private property and
a public drainage control system, sanitary sewer or combined sewer, the property
owner shall grant to the town the right to enter the property at reasonable times and in
a reasonable manner for the purpose of inspection. This includes the right to enter a
property when it has a reasonable basis to believe that a violation of this article is
occurring or has occurred, and to enter when necessary for abatement of a public
nuisance or correction of a violation of this article.
Disclaimer; responsibility to obtain other regulatory permits.
(1)
The standards set forth herein and promulgated pursuant to this article are minimum
standards; therefore, this article does not intend nor imply that compliance by any
person will ensure that there will be no contamination, pollution, nor unauthorized
discharge of pollutants.
(2)
It shall be the responsibility of all persons subject to this article to secure all other
regulatory permits associated with developmental drainage improvements. These
include but are not limited to U.S. Corps of Engineers 404 permits, state commission
on environmental quality permits, and U.S. Environmental Protection Agency
discharge permits. Such person shall notify the town in advance before the
commencement of construction.
Enforcement and penalties.
(1)
Violations. It shall be an offense for any person subject to this article to violate any of
the requirements of this article, including, but not limited to, the following:
(A)
Conducting any land-disturbing or construction activity without an approved
erosion control plan for the location where the violation occurred.
(B)
Failing to install erosion control devices or to maintain erosion control devices
throughout the duration of land-disturbing activities, in compliance with the
approved erosion control plan for the location where the violation occurred.
(C)
Failing to remove off-site sedimentation that is a direct result of landdisturbing activities where such off-site sedimentation results from the failure
to implement or maintain erosion control devices as specified in an approved
erosion control plan for the location where the violation occurred.
(D)
Allowing sediment-laden water resulting from below-ground installations to
flow from a site without being treated through an erosion control device.
(E)
Failing to repair damage to existing erosion control devices, including
replacement of existing grass or sod.
(F)
Failing to comply with any express provision of this article or of a state or
federal law or regulation.
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(2)
(d)
Remedies.
(A)
Denial of use permits. Any person who fails to obtain a development permit
before beginning construction is in violation of this article. In addition to the
penalties outlined in this article, no building permit, plat, site plan, certificate
of occupancy or other use permit shall be issued for any construction,
reconstruction or development upon any land where such construction,
reconstruction or development is not in conformity with the requirements and
intent of this article. Anyone who violates any of the terms and provisions of
this article shall be denied the use permit until the violation is corrected.
(B)
Injunctive relief or other abatement proceedings. Any development activity that
is commenced or is conducted contrary to this article may be restrained by
injunction or otherwise abated in a manner provided by law.
(3)
Notice of violation. Written notice of violation shall be given to the responsible
person or his job site representative as identified in the erosion control plan for a site.
Such notice shall identify the nature of the alleged violation and the action required
to obtain compliance with the approved erosion control plan.
(4)
Stop work orders. Persons receiving a notice of violation will be required to halt all
construction activities. This “stop work order” will be in effect until the town
confirms that the development activity is in compliance and the violation has been
satisfactorily addressed. Failure to address a notice of violation in a timely manner
can result in civil, criminal, or monetary penalties in accordance with the
enforcement measures authorized in this article or other state or federal law.
(5)
Criminal penalty. Any person, firm, or corporation performing land-disturbing
activities and/or violating any of the provisions or terms of this article and not
complying within the time periods stated in this article shall be deemed guilty of a
class C misdemeanor and, upon conviction thereof, be subject to a fine not exceeding
five hundred dollars ($500.00) for each offense, and each and every day such
violation shall continue shall be deemed to constitute a separate offense.
(6)
Restoration of land. Any violator may be required to restore land to its undisturbed
condition. In the event that restoration is not undertaken within a reasonable time
after notice, the town may take necessary corrective action, the cost of which shall
become a lien upon the property until paid.
(7)
Holds on occupancy permits. Occupancy permits will not be granted until a
correction to all stormwater practices has been made and accepted by the town.
Appeal and waiver procedures.
(1)
Appeals. Any person aggrieved by a decision of the designated official or requesting
a waiver of any of the regulations may appeal from any order, requirement, decision
or determination of the designated official to the planning and zoning commission
(commission). The aggrieved person shall file an appeal in writing with the
commission within ten (10) days from the date of the decision. If no resolution of the
appeal can be reached with the commission, the town council shall hear the appeal
within thirty (30) days from the date received by the commission.
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(2)
Waivers.
(A)
Waivers for any type of permit or storm sewer facilities shall be issued only
upon a determination that the waiver is the minimum necessary to afford relief
considering the flood hazard, drainage problems and soil loss. The waiver shall
be issued only upon meeting all three of the criteria listed below:
(i)
A showing of good and sufficient cause;
(ii)
A determination that failure to grant the waiver would result in
exceptional hardship to the applicant, including an exceptional hardship
created by the applicability of the effective date to the application for a
permit; and
(iii) A determination that the granting of a waiver will not result in 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.
(B)
In considering waiver requests, the commission and the town council shall
consider all technical evaluations, all relevant factors, and standards specified
in other sections of this article.
(C)
Upon consideration of the relevant factors and the purposes of this article, the
planning and zoning commission may attach such conditions to the granting of
waivers as it deems necessary to further the purposes of this article.
(Ordinance 2005-04, sec. IX, adopted 3/21/05; 2006 Code, ch. 11, sec. 6.08; Ordinance adopting
Code)
Sec. 3.14.005
(a)
Illegal discharges to storm drainage system
Offenses.
(1)
A person commits an offense if the person introduces or causes to be introduced into
the MS4 any discharge that is not composed entirely of stormwater in violation of
this article or other applicable law. No person shall discharge or cause to be
discharged into the municipal storm drain system or watercourses any materials,
including but not limited to pollutants or waters containing any pollutants, that cause
or contribute to a violation of applicable water quality standards, other than
stormwater.
(2)
A person commits an offense if the person introduces or causes to be introduced into
the MS4 any harmful quantity of any substance. The commencement, conduct, or
continuance of any illegal discharge to the storm drain system is prohibited.
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(b)
Affirmative defenses.
(1)
It is an affirmative defense to any enforcement action for a violation of subsection (a)
that the discharge was composed entirely of one or more of the following categories
of discharges:
(A)
A discharge authorized by, and in full compliance with, a TPDES permit (other
than the TPDES permit for discharges from the MS4);
(B)
A discharge or flow resulting from firefighting by the fire department;
(C)
A discharge or flow of fire protection water that does not contain oil or
hazardous substances or materials that the fire code requires to be contained
and treated prior to discharge, in which case treatment adequate to remove
harmful quantities of pollutants must have occurred prior to discharge;
(D)
Agricultural stormwater runoff;
(E)
A discharge or flow from water line flushing or disinfection that contains no
harmful quantity of total residual chlorine (TRC) or any other chemical used in
line disinfection;
(F)
A discharge or flow from lawn watering or landscape irrigation;
(G)
A discharge or flow from a diverted stream flow or natural spring;
(H)
A discharge or flow from uncontaminated pumped groundwater or rising
groundwater;
(I)
Uncontaminated groundwater infiltration (as defined as 40 CFR section
35.2005(20)) to the MS4;
(J)
Uncontaminated discharge or flow from a foundation drain, crawl space pump,
or footing drain;
(K)
A discharge or flow from a potable water source not containing any harmful
substance or material from the cleaning or draining of a storage tank or other
container;
(L)
A discharge or flow from air conditioning condensation that is unmixed with
water from a cooling tower, emissions scrubber, emissions filter, or any other
source of pollutant;
(M) A discharge or flow from individual residential car washing;
(N)
A discharge or flow from a riparian habitat or wetland;
(O)
A discharge or flow from cold water (or hot water with prior permission of the
designated official) used in street washing or cosmetic cleaning that is not
contaminated with any soap, detergent, degreaser, solvent, emulsifier,
dispersant, or any other harmful cleaning substance;
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(2)
(P)
Drainage from a private residential swimming pool containing no harmful
quantities of chlorine or other chemicals. Drainage from swimming pool filter
backwash is prohibited; or
(Q)
A discharge of flow of uncontaminated stormwater pumped from an
excavation.
No affirmative defense shall be available if:
(A)
The discharge or flow in question has been determined by the designated
official to be a source of a pollutant or pollutants to the waters of the United
States or to the MS4;
(B)
Written notice of such determination has been provided to the discharger;
(C)
The discharge has continued after the expiration of the time given in the notice
to cease the discharge.
(c) Unlawful connection to storm drain system. A person commits an offense if the person
connects a line conveying sewage to the MS4, or allows such connection to continue. The
construction, use, maintenance or continued existence of illicit connections to the storm drain
system is prohibited. This prohibition expressly includes, without limitation, illicit connections
made in the past, regardless of whether the connection was permissible under law or practices
applicable or prevailing at the time of connection.
Sec. 3.14.006
Nuisances
(a) An actual or attempted discharge to the MS4 that violates this article or other applicable
law is hereby declared to be a nuisance and is prohibited by this article. A line conveying sewage
or designed to convey sewage that is connected to the MS4 is declared to be a nuisance and is
therefore prohibited by this article.
(b) It shall be unlawful and an offense and shall constitute a nuisance for any person owning or
having control of real property within the town to suffer or permit soil, mud, rock or debris to
wash, slide, erode or otherwise be moved from said real property onto streets, alleys, utility
facilities, rights-of-way or easements. It shall be the duty of each person owning or having control
thereof to prevent soil, mud, rock or debris from such real property being deposited or otherwise
transported onto the streets, alleys, utility facilities, rights-of-way or easements of the town and to
inspect such property and acquaint themselves with the conditions existing and to remedy any
conditions likely or calculated to allow soil, mud, rock or debris to wash, slide, erode or otherwise
be transported onto the streets, alleys, utility facilities, rights-of-way or easements, and failure to
do so shall be deemed criminal negligence for the purpose of the offense described herein.
(Ordinance 2005-04, sec. V, adopted 3/21/05; 2006 Code, ch. 11, sec. 6.04)
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Sec. 3.14.007
Runoff from construction activity
(a) Applicability. This section applies to all construction and/or land-disturbing activities that
exceed three thousand square feet in area, either alone or as part of a larger development, in the
town or its extraterritorial jurisdiction. The provisions of this section shall apply to all persons
filling, grading, excavating or otherwise conducting land-disturbing activities or causing directly
or ordering land-disturbing activities to occur within the town, whether they be contractors,
subcontractors, supervisors, inspectors, managers, agents, employees or otherwise. This section
shall apply regardless of whether a person is required to obtain a permit from the town in order to
conduct such land-disturbing or construction activity.
(b)
Responsibilities.
(1)
All persons shall be accountable for any erosion of their real property or construction
site, whether such real property is owned or otherwise under the direct or indirect
control of such person, when the result of such activity is the accumulation of
sediment, including soil, rock, mud, or debris which washes, slides or otherwise is
moved from the real property or construction site onto dedicated streets, alleys, any
waterways, utility facilities, rights-of-way or easements or onto other private
properties. Any accumulation or deposit of soil material beyond the limits of such
premises or in town streets, alleys or drainage facilities or other private property in an
amount sufficient to constitute a threat to public safety and comfort, as determined by
the designated official, shall constitute a violation of this article. This includes offsite tracking by vehicles entering and exiting the site, paints, solvents, cleaners, windblown debris, or other materials associated with construction activity at a site.
Utilization of wet saws or a dust collection system is required on all brick/concrete
cutting. Moisture content of the worksite shall be sufficient so as to not allow erosion
by air.
(2)
All persons shall be responsible for all cleanup operations incidental to or related to
land-disturbing activity under their direct or indirect ownership or control. Cleanup
responsibilities shall include, without limitation, leveling, establishment of ground
cover, erosion control and removal of all trash or other materials not suitable for fill,
including those deposited on streets, alleys, utility facilities, rights-of-way or
easements, or such other remedial action as determined appropriate by the designated
official in order to protect the public safety and welfare.
(3)
Every landowner of premises through which a watercourse passes, including such
person’s lessee, licensee, agent, or assign, shall keep and maintain that part of the
watercourse within the premises free of trash, debris, excessive vegetation, and other
obstacles that would pollute, contaminate, or significantly retard the flow of water
through the watercourse. In addition, such landowner shall maintain existing
privately owned structures within or adjacent to a watercourse so that such structures
will not become a hazard to the use, function, or physical integrity of the watercourse
or disrupt the natural flow of water through the watercourse.
(c) Remedial action authorized. If a person fails in any respect to fulfill the requirements of
this article, the designated official may go upon the person’s property and perform such work as
may be necessary to fulfill such requirements and may level, establish ground cover, construct
erosion control, and remove all soil, rock, debris and other materials not suitable for fill,
including those deposited on streets, alleys, utility facilities, rights-of-way or easements, at the
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person’s expense, and charge same against the person’s deposit. If a deposit has not been made
with the town, or if the cost incurred by the town exceeds the amount of the deposit, the town
may bill such person for the unpaid expenses, and if the person fails to pay the town for such
expenses within thirty days of being billed for same, the town shall have the right to place a lien
on the land property which shall be filed with the county clerk for all amounts expended by the
town in excess of the deposit plus interest at the current lawful rate.
(d)
Permits required.
(1)
(2)
Grading permit.
(A)
No person shall undertake any land-disturbing activity for an area that exceeds
five thousand square feet without first obtaining a grading permit from the
town. No landowner shall knowingly permit another person to fill, grade,
excavate or otherwise disturb the surface of real property within the town
without first having secured a permit from the town.
(B)
No grading permit is required for the following activities:
(i)
Any emergency activity that is immediately necessary for the protection
of life, property, or natural resources; or
(ii)
Existing nursery and agricultural operations conducted as a permitted
main or accessory use.
Stormwater pollution prevention and erosion control plans; TPDES permit.
(A)
Plans required. No person shall be granted a grading permit for a landdisturbing activity that would require the uncovering of five thousand or more
square feet without the approval of either an erosion control plan and/or
stormwater pollution prevention plan as determined necessary by the
designated official [or] by the town.
(B)
Inspections of stormwater pollution prevention plan measures. At a minimum,
such inspections shall be done weekly by the developer, or the developer’s
designated representative, and within twenty-four (24) hours after every storm
or snow melt event large enough to result in runoff from the site
(approximately 0.25 inches or more in twenty-four (24) hours). At a minimum,
these inspections shall be done during active construction, and all inspections
shall be logged/recorded into the plan.
(C)
Submission of NOI to town. A person performing land-disturbing activities to
include construction projects that disturb five (5) or more acres is required to
have a TPDES permit to discharge stormwater associated with construction
activity and such person shall submit a copy of the notice of intent (NOI) to the
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town at the same time the person submits the original NOI to TCEQ. The copy
of the NOI may be delivered to the town, either in person or by mailing it to:
Town of Trophy Club
Community Development Department
Notice of Intent to Discharge Stormwater
100 Trophy Club Drive
Trophy Club, Texas 76262
(D)
Submission of site notice to town. A person performing land-disturbing
activities to include construction projects that will disturb one (1) or more acres
but less than five (5) acres, including the larger common plan of development,
is required to have a TPDES permit to discharge stormwater associated with
such land-disturbing activity and construction and shall submit a copy of the
site notice to the town at the same time such person completes and posts said
site notice at the construction site. The copy of the site notice may be delivered
to the town, either in person or by mailing it to:
Town of Trophy Club
Community Development Department
Site Notice to Discharge Stormwater
100 Trophy Club Drive
Trophy Club, Texas 76262
(Ordinance 2005-04, sec. VI, adopted 3/21/05; 2006 Code, ch. 11, sec. 6.05; Ordinance 2009-13,
sec. II, adopted 6/1/09; Ordinance 2011-11 adopted 4/4/11)
Sec. 3.14.008
Stormwater pollution prevention and erosion control
(a) Construction or land-disturbing activities as part of subdivision project. In addition to the
other requirements of this article, when construction or land-disturbing activities are conducted as
part of a subdivision project, the following shall apply:
(1)
Erosion control plan required; deposit required. Prior to approval of the grading
permit, the person making application for such permit shall submit an erosion control
plan for approval by the town and shall pay an erosion control deposit to the town in
an amount established by the town council. The deposit shall be posted to ensure
implementation and continued maintenance of the town-approved erosion control
plan for the development as required by this article. No inspection of any type may
be performed on a project or portion thereof until the responsible party implements a
town-approved erosion control plan.
(2)
Installation and maintenance of erosion control devices. Permanent erosion control
devices, and, when applicable, temporary erosion control devices, as specified in the
approved erosion control plan, shall be properly installed and maintained prior to
final acceptance of a subdivision. The landowner for such subdivision shall continue
to maintain all temporary erosion control devices until permanent erosion control has
been established on all those lots within the subdivision for which a building permit
has not been issued.
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(3)
Transfer of property by developer. If the landowner sells all of the lots in a
subdivision, that purchaser becomes the responsible party for the subdivision, is
liable for compliance with this article and for violations of this article, and shall post
an erosion control deposit as required by this article. The balance remaining in the
original account shall be released as provided herein upon the submission of written
proof of transfer of lots or a new erosion control deposit by the purchaser. As
required by this article, the new landowner shall post an erosion control deposit with
the town.
(4)
Notice of noncompliance; stop work order; deductions from deposit.
(5)
(A)
The town will inspect the erosion control devices located at a site for
compliance with the approved erosion control plan. If a landowner fails to
implement or maintain erosion control devices as specified in the approved
erosion control plan, the town shall provide such person with written notice of
noncompliance identifying the nature of the noncompliance. Such notice shall
also inform the person of the circumstances under which a deduction from his
deposit account will be made and the time frame for the filing of an appeal of
such action by town. The person shall have twenty-four (24) hours to bring his
erosion control devices into compliance with the approved erosion control plan
for the site to which notice of noncompliance was issued. Correction shall
include sediment cleanup, erosion control device repair, erosion control device
maintenance and/or installation of additional erosion control devices to prevent
reoccurrence of the violation. The twenty-four (24) hour cure period may be
extended for inclement weather or other factors at the discretion of the
designated official.
(B)
At the end of the twenty-four (24) hour cure period, town shall reinspect the
site and shall deduct a reinspection fee as set by the town council from the
person’s erosion control deposit account. If, at the time of such reinspection,
the erosion control devices at the site have not been brought into compliance
with the approved erosion control plan, the town may issue a stop work order
for each violation of this article. All deductions from a person’s erosion control
deposit account may be appealed as provided in this article.
Refund of deposit.
(A)
Upon determination by the designated official that no further hazard of erosion,
silting, or debris being deposited on streets, alleys, utility facilities, rights-ofway or easements exists by reason of the condition of land for which a deposit
is made, so much of such deposit that is not required to reimburse the town for
the expense of removal of soil, mud, rock, and debris from its streets, alleys,
utility facilities, rights-of-way or easements by reason of work performed on
such land shall be refunded. The reasonable charge of such removal by the
town shall be billed to the depositor.
(B)
Upon the sale of a lot or lots by a landowner who has an erosion control
deposit, the town shall refund a pro-rata portion of the erosion control deposit
less any amount for costs incurred by the town in enforcing the requirements of
this article with regard to the lot or lots sold.
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(6)
Interest on deposit. Erosion control deposits posted pursuant to the requirements of
this article shall not accrue interest.
(b) Land-disturbing activities associated with construction on single residential lot. When landdisturbing activities are conducted on a residential lot for which a building permit must be issued,
the person to whom the building permit is issued shall comply with the following:
(c)
(1)
Erosion control plan. Prior to approval of a building permit for a residential lot by the
town, the person obtaining the building permit shall submit an erosion control plan
for approval by the town. No inspection may be performed on a project until a townapproved erosion control plan is implemented.
(2)
Notice of noncompliance; stop work order; issuance of citation. The town shall
inspect the erosion control devices located at a site for compliance with the approved
erosion control plan submitted for such site. If a person fails to implement or
maintain erosion control devices as specified in the approved erosion control plan,
the town shall provide such person with written notice of noncompliance identifying
the nature of such noncompliance. Such person shall have twenty-four (24) hours to
bring the erosion control devices into compliance with the intent of the approved
erosion control plan for the site where the violation occurred. Modifications to the
approved erosion control plan may be required to maintain all sediment on-site.
Correction shall include, without limitation, sediment cleanup, erosion control device
repair, erosion control device maintenance, and/or installation of additional erosion
control devices to prevent reoccurrence of the violation. The twenty-four (24) hour
cure period may be extended for inclement weather or other factors at the discretion
of the designated official. If the intent of the approved control plan (maintaining
sediment on-site) is not met, then such person shall take action within twenty-four
(24) hours to control soil eroding from the site and clean up any sediment and shall
have one (1) week to submit a new erosion control plan. Work may continue during
the review period. Implementation of this plan will be required within twenty-four
(24) hours of plan approval by the designated official. If no plan is submitted within
one week, then construction activities shall be halted until a new plan is submitted
and approved. At the end of the twenty-four (24) hour cure period, the town shall
reinspect the site and may assess a reinspection fee. If, at the time of such
reinspection, the erosion control devices at the site have not been brought into
compliance with the approved erosion control plan, the town may issue a stop work
order and issue a citation for each violation of the town’s erosion control
requirements. When a stop work order has been issued, a reinspection fee shall be
assessed. To obtain a reinspection for removal of the stop work order, a request must
be submitted and a reinspection fee as set by the town council shall be paid.
Stormwater pollution prevention and erosion control plan.
(1)
Generally. Stormwater pollution prevention plans shall be prepared in accordance
with the requirements of the “iSWM Design Manual for Construction Activities,”
North Central Texas, latest edition, as published by the North Central Texas Council
of Governments. Each erosion control plan required by this article shall clearly
identify all erosion and sediment control measures to be installed and maintained
throughout the duration of the project for which that plan is submitted. Cut and fill
slopes shall be no greater than 2:1, except as approved by the town to meet other
community or environmental objectives. A person shall install and maintain erosion
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control devices in accordance with the town-approved erosion control plan as
required by this article.
(2)
Modifications. Modifications to a plan may be authorized by the town by written
authorization to the person, and may include:
(A)
Major amendments of the erosion and sediment control plan submitted to the
town; and/or
(B)
Field modifications of a minor nature.
(3)
Off-site borrow, spoil and staging areas. Where applicable, off-site borrow areas,
spoil areas and construction staging areas shall be considered as part of the project
site and included as part of the disturbed land area and shall be subject to the
regulations of this article.
(4)
Related land areas. The erosion control requirements of this article shall apply to all
related land areas. Additionally, when land-disturbing activity occurs on premises, all
disturbed land areas related to the premises shall have permanent erosion control
measures established before final occupancy of structures located thereon or final
acceptance of the subdivision may be obtained. This section applies whether or not a
building permit is required.
(5)
Below-ground installations. All discharges resulting from below-ground installations
shall be passed through town-approved erosion control devices or removed from the
site for proper disposal.
(6)
Erosion control plan implementation and compliance. Each person shall implement
and maintain the erosion control measures shown on his approved erosion control
plan in order to minimize erosion and the transport of silt, earth, topsoil, etc., by
water runoff or construction activities, beyond the limits of the person’s site onto
town streets, drainage easements, drainage facilities, storm drains or other town
property prior to beginning any land-disturbing activity.
(7)
General guidelines for erosion control plans; implementation.
(A)
Maximum use shall be made of vegetation to minimize soil loss.
(B)
Natural vegetation should be retained wherever possible.
(C)
Where inadequate natural vegetation exists, or where it becomes necessary to
remove existing natural vegetation, temporary controls should be installed
promptly to minimize soil loss and ensure that erosion and sedimentation does
not occur.
(D)
Clearing, except that necessary to establish sediment control devices, shall not
begin until all sediment control devices have been installed and have been
stabilized.
(E)
Wherever possible during construction, erosion controls should be used on
hillsides to slow drainage flow rate.
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(F)
Erosion control elements should be implemented as soon as practical in the
development process.
(G)
Waste or disposal areas and construction roads should be located and
constructed in a manner that will minimize the amount of sediment entering
streams.
(H)
Frequent fording of live streams will not be permitted; therefore, temporary
bridges or other structures shall be used wherever an appreciable number of
stream crossings are necessary.
(I)
When work areas or material sources are located in or adjacent to live streams,
such areas shall be separated from the stream by a dike or other barrier to keep
sediment from entering a flowing stream. Care shall be taken during the
construction and removal of such barriers to minimize the sediment transport
into a stream.
(J)
Should preventative measures fail to function effectively, a person shall act
immediately to bring the erosion and/or siltation of premises under his
ownership or control under control by whatever additional means are
necessary.
(K)
Erosion control devices shall be placed to trap any losses from stockpiled
topsoil.
(L)
The selection and timing of the installation of erosion controls shall be based
upon weather and seasonal conditions that could make certain controls not
practicable.
(M) Vegetation used for vegetative cover shall be suitable for local soil and weather
conditions. Ground cover plants shall comply with listings from the Texas
Agricultural Extension Service for North Central Texas.
(N)
Runoff shall be diverted away from construction areas as much as possible.
(O)
Stripping of vegetation from project sites shall be phased so as to expose the
minimum amount of area to soil erosion for the shortest possible period of
time. Phasing shall also consider the varying requirements of an erosion control
plan at different stages of construction. Phasing shall be required on all sites
disturbing greater than thirty acres, with the size of each phase to be
established at plan review and as approved by the town as determined
appropriate by the town engineer.
(P)
Developers, builders, or owners of property shall install all utilities, including
franchised utilities, before final acceptance of a subdivision, property and/or
structure. Final acceptance will also be contingent upon having all necessary
erosion control measures installed to minimize off-site sediment. A site may be
accepted without erosion control measures if perennial vegetative cover is
actively growing, at the discretion of the town’s designated official.
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(Q)
(8)
Silt fencing in place longer than sixty (60) days and silt fencing placed on
slopes shall be wire-backed.
Erosion control requirements shall include the following:
(A)
Stabilization requirements. Any area of land from which the natural vegetative
cover has been either partially or wholly cleared or removed by development
activities shall be revegetated within fourteen (14) days from the substantial
completion of such clearing and construction. The following criteria shall apply
to revegetation efforts:
(i)
Reseeding must be done with an annual or perennial cover crop
accompanied by placement of straw mulch or its equivalent of sufficient
coverage to control erosion until such time as the cover crop is
established over ninety percent (90%) of the seeded area.
(ii)
Replanting with native woody and herbaceous vegetation must be
accompanied by placement of straw mulch or its equivalent of sufficient
coverage to control erosion until the plantings are established and are
capable of controlling erosion.
(iii) Any area of revegetation must exhibit survival of a minimum of seventyfive percent (75%) of the cover crop throughout the year immediately
following revegetation. Revegetation must be repeated in successive
years until the minimum seventy-five percent (75%) survival for one (1)
year is achieved.
(9)
(B)
Special techniques that meet the design criteria outlined in the “Design Manual
for Construction” published by the North Central Texas Council of
Governments on steep slopes or in drainageways shall be used to ensure
stabilization.
(C)
Soil stockpiles must be stabilized or covered at the end of each workday.
(D)
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.
(E)
Techniques shall be employed to prevent the blowing of dust or sediment from
the site.
(F)
Techniques that divert upland runoff past disturbed slopes shall be employed.
Sediment control requirements shall include:
(A)
Settling basins, sediment traps, or tanks and perimeter controls.
(B)
Settling basins that are designed in a manner that allows adaptation to provide
long-term stormwater management, if required by the town.
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(C)
Protection for adjacent properties by the use of a vegetated buffer strip in
combination with perimeter controls.
(10) Waterway and watercourse protection requirements shall include:
(A)
A temporary stream crossing installed and approved by the town if a wet
watercourse will be crossed regularly during construction.
(B)
Stabilization of the watercourse channel before, during, and after any inchannel work.
(C)
Stabilization adequate to prevent erosion located at the outlets of all pipes and
paved channels.
(D)
Restrict clearing within twenty-five (25) feet of waterways.
(11) Construction site access requirements shall include:
(A)
A temporary access road provided at all sites.
(B)
Other measures required by the town in order to ensure that construction
vehicles do not track sediment onto public streets or washed into storm drains.
(12) Erosion hazard setbacks. Erosion hazard setback determinations will be made for
every stream in which natural channels are to be preserved. Natural channel banks
will be protected by use of the determined setbacks unless a plan to stabilize and
protect stream banks is approved by the designated official.
(d) Certificated telecommunication providers and franchised utility companies. Subject to the
terms of its franchise agreement with the town, including but not limited to terms regarding
permits, a certificated telecommunication provider and a franchised utility company (hereinafter
collectively referred to as “utility”) engaging in land-disturbing activities within the town shall
comply with the following:
(1)
Erosion control plan. Prior to beginning any land-disturbing activity or upon the
effective date of this article, an erosion control plan shall be submitted for approval
by the town.
(2)
Notice of noncompliance; stop work order; issuance of citation.
(A)
The town designated official shall inspect the erosion control devices located at
a site for compliance with the approved erosion control plan submitted for such
site. If a utility fails to implement or maintain erosion control devices as
specified in the approved erosion control plan, the town shall provide such
party with written notice of noncompliance identifying the nature of such
noncompliance. The utility shall have twenty-four (24) hours to bring its
erosion control device(s) into compliance with the approved erosion control
plan for the site where the violation occurred. Correction shall include
sediment cleanup, erosion control device repair, and erosion control device
maintenance. The twenty-four (24) hour cure period may be extended for
inclement weather or other factors at the discretion of the inspector.
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(B)
At the end of the twenty-four (24) hour cure period, the town shall reinspect the
site. If, at the time of such reinspection, the erosion control devices at the site
have not been brought into compliance with the approved erosion control plan,
the town may issue a stop work order and issue a citation for each violation of
the approved erosion control plan for said site. To obtain a reinspection for
removal of the stop work order, a request for reinspection must be submitted
along with payment of a reinspection fee as set by the town council.
(e) Removal of erosion control devices. Upon final occupancy or upon establishing permanent
ground cover on a lot, all temporary erosion control devices shall be removed. Failure to do so
shall be a violation of this article.
Sec. 3.14.009
(a)
Maintenance of control devices; records
Maintenance of erosion and sediment control devices.
(1)
All persons subject to the requirements of this article shall maintain the required
erosion and sediment control devices in a clean and operational state. Such person
shall inspect each erosion and sediment control device after each rainfall event that
exceeds one-half inch (1/2") in twenty-four (24) hours, or every fourteen (14)
calendar days, whichever occurs first. Such person shall repair, replace, or remove
sediment as necessary.
(2)
Such person shall also comply with any maintenance or repair directive given by the
town’s inspector. Failure to comply with a town directive may result in deductions
from the erosion control deposit account or stop work orders as provided by this
article.
(b) Records. Persons responsible for the operation of a stormwater management facility shall
make records of the installation and repairs, and shall retain the records for at least two (2) years.
These records shall be made available to the town during inspection of the facility and at other
reasonable times upon request.
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CHAPTER 4
BUSINESS REGULATIONS
Sec. 4.01.001
Firearms dealers..................................................................................... 4-7
ARTICLE 4.02 ALARM SYSTEMS........................................................................................... 4-7
Division 1. Generally................................................................................................................. 4-7
Sec. 4.02.001
Disclaimer ............................................................................................. 4-7
Sec. 4.02.002
Definitions ............................................................................................. 4-7
Sec. 4.02.003
Offenses; penalty................................................................................... 4-8
Sec. 4.02.004
Applicability to government bodies ...................................................... 4-9
Sec. 4.02.005
Proper operation and maintenance; duties of permittee ........................ 4-9
Sec. 4.02.006
Manual reset .......................................................................................... 4-9
Sec. 4.02.007
Use of relaying intermediary ............................................................... 4-10
Sec. 4.02.008
Alarm reporting ................................................................................... 4-10
Sec. 4.02.009
Records of alarm businesses................................................................ 4-10
Sec. 4.02.010
Automatic dialing prohibited............................................................... 4-10
Sec. 4.02.011
Operating instructions to be maintained at alarm site ......................... 4-10
Sec. 4.02.012
Dispatch records .................................................................................. 4-11
Sec. 4.02.013
System performance reviews............................................................... 4-11
Sec. 4.02.014
False alarm service fees....................................................................... 4-11
Sec. 4.02.015
Responsibility for acts by agents ......................................................... 4-12
Division 2. Permit.................................................................................................................... 4-12
Sec. 4.02.041
Required; application; issuance........................................................... 4-12
Sec. 4.02.042
Duration; transfer................................................................................. 4-13
Sec. 4.02.043
Grounds for revocation........................................................................ 4-13
Sec. 4.02.044
Appeals................................................................................................ 4-14
Sec. 4.02.045
Forfeiture of fee upon revocation of permit ........................................ 4-14
Sec. 4.02.046
Reapplication after revocation............................................................. 4-14
ARTICLE 4.03 PEDDLERS AND SOLICITORS .................................................................... 4-15
Sec. 4.03.001
Definitions ........................................................................................... 4-15
Sec. 4.03.002
Penalty ................................................................................................. 4-16
Sec. 4.03.003
Hours and days of operation................................................................ 4-17
Sec. 4.03.004
Do-not-solicit/no knock list................................................................. 4-17
Division 2. Commercial Solicitation ....................................................................................... 4-18
Sec. 4.03.031
Permit required .................................................................................... 4-18
Sec. 4.03.032
Exceptions ........................................................................................... 4-18
Sec. 4.03.033
Sec. 4.03.034
Issuance of permit; bond ..................................................................... 4-19
Sec. 4.03.035
Identification cards; possession and display of identification card
and permit.......................................................................................... 4-20
Sec. 4.03.036
Appeals................................................................................................ 4-21
Sec. 4.03.037
Prohibited conduct............................................................................... 4-21
4-1
Chapter 4: Business Regulations
Sec. 4.03.038
Sale of fresh or frozen meats or seafood ............................................. 4-21
Sec. 4.03.039
Soliciting on street or public property ................................................. 4-22
Sec. 4.03.040
Supervision of child solicitors ............................................................. 4-23
Division 3. Charitable Solicitation .......................................................................................... 4-24
Sec. 4.03.071
Permit required; possession and display.............................................. 4-24
Sec. 4.03.072
Exceptions ........................................................................................... 4-24
Sec. 4.03.073
Sec. 4.03.074
Issuance of permit; duration; renewal ................................................. 4-26
Sec. 4.03.075
Appeals................................................................................................ 4-26
Sec. 4.03.076
Responsibility of permittee for acts of persons soliciting ................... 4-27
Sec. 4.03.077
Prohibited methods of solicitation....................................................... 4-27
Division 4. Religious Solicitation............................................................................................ 4-28
Sec. 4.03.101
Registration required ........................................................................... 4-28
Sec. 4.03.102
Registration information; duration ...................................................... 4-28
Sec. 4.03.103
Proof of registration............................................................................. 4-28
Sec. 4.03.104
Prohibited methods of solicitation....................................................... 4-29
ARTICLE 4.04 SEXUALLY ORIENTED BUSINESSES........................................................ 4-30
Sec. 4.04.001
Purpose and intent ............................................................................... 4-30
Sec. 4.04.002
Definitions ........................................................................................... 4-30
Sec. 4.04.003
Classifications ..................................................................................... 4-33
Sec. 4.04.004
Enforcement; penalties; defenses ........................................................ 4-34
Sec. 4.04.005
Injunctive relief ................................................................................... 4-34
Sec. 4.04.006
Amendments........................................................................................ 4-35
Division 2. License.................................................................................................................. 4-35
Sec. 4.04.031
Required; application........................................................................... 4-35
Sec. 4.04.032
Issuance ............................................................................................... 4-36
Sec. 4.04.033
Fee ....................................................................................................... 4-38
Sec. 4.04.034
Inspections........................................................................................... 4-38
Sec. 4.04.035
Expiration ............................................................................................ 4-38
Sec. 4.04.036
Suspension........................................................................................... 4-38
Sec. 4.04.037
Revocation........................................................................................... 4-39
Sec. 4.04.038
Appeals................................................................................................ 4-40
Sec. 4.04.039
Transfer ............................................................................................... 4-40
Division 3. Location ................................................................................................................ 4-40
Sec. 4.04.061
Restrictions.......................................................................................... 4-40
Sec. 4.04.062
Exemption from location restrictions .................................................. 4-41
Division 4. Operational Regulations ....................................................................................... 4-43
Sec. 4.04.091
Additional regulations for nude escort agencies.................................. 4-43
Sec. 4.04.092
Additional regulations for nude model studios.................................... 4-43
Sec. 4.04.093
Additional regulations for adult theaters and adult motion picture
theaters............................................................................................... 4-43
Sec. 4.04.094
Additional regulations for adult motels ............................................... 4-43
Sec. 4.04.095
Exhibition of sexually explicit films or videos.................................... 4-44
Sec. 4.04.096
Display of sexually explicit material to minors................................... 4-45
ARTICLE 4.05 GRAVEL PITS AND MINING OPERATIONS.............................................. 4-46
Sec. 4.05.001
Penalty ................................................................................................. 4-46
Sec. 4.05.002
Zoning regulations; permit .................................................................. 4-46
Sec. 4.05.003
Reclamation and restoration of land.................................................... 4-46
4-2
ARTICLE 4.06 FOOD ESTABLISHMENTS ........................................................................... 4-46
Sec. 4.06.001
Adoption of state rules......................................................................... 4-46
Sec. 4.06.002
Definitions ........................................................................................... 4-47
Sec. 4.06.003
Penalty; injunctive relief...................................................................... 4-49
Sec. 4.06.004
Enforcement ........................................................................................ 4-49
Sec. 4.06.005
Inspections........................................................................................... 4-49
Sec. 4.06.006
Examination and condemnation of food; procedure when disease
is suspected........................................................................................ 4-51
Sec. 4.06.007
Submission and review of plans .......................................................... 4-52
Sec. 4.06.008
Food protection manager..................................................................... 4-53
Sec. 4.06.009
Mobile units......................................................................................... 4-54
Division 2. Permit.................................................................................................................... 4-55
Sec. 4.06.041
Required; transfer; exemptions............................................................ 4-55
Sec. 4.06.042
Issuance; fee; duration; offenses ......................................................... 4-56
Sec. 4.06.043
Suspension........................................................................................... 4-57
Sec. 4.06.041
Revocation; appeals............................................................................. 4-58
[Next page is 4-7.]
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ARTICLE 4.01 GENERAL PROVISIONS*
Sec. 4.01.001
Firearms dealers
(a) Generally. A person making application to hold or holding any federal firearms license to
conduct business in the town shall:
(1)
Comply with all federal, state, county, and local regulations regarding all applicable
license applications and/or the operation of such firearm or firearm related business.
(2)
Advise the chief of police or his or her designee of the theft or loss of any firearm in
the possession or control of such person and shall supply the make, model, and serial
number of any such firearm stolen or lost.
(3)
Secure all firearms in his or her possession in a secure device designed for the
purpose of storing firearms.
(b) Storage of black or smokeless powder. No person holding any federal firearms license to
conduct business in the town shall store black or smokeless powder for retail sale.
ARTICLE 4.02 ALARM SYSTEMS†
Sec. 4.02.001
Disclaimer
(a) The permit requirements and regulations set forth in this article in no way constitute an
endorsement of any business or of the concept of alarm systems as a positive aid to law
enforcement, and do not obligate the town emergency personnel to respond in any manner to any
notification as a result of a summons based on an alarm system.
(b) The fact of emergency personnel response(s) to one or more alarm system notifications in
no way is to be construed as the policy of the town or the intent of this article. The establishment
of such policy by this article is expressly denied.
Code, ch. 10, sec. 3.01)
Sec. 4.02.002
Definitions
Alarm notification. A communication intended to summon emergency personnel, which is
designed either to be initiated purposely by the person or by an alarm system that responds to a
stimulus characteristic of unauthorized intrusion.
*
Charter reference–Franchises, section 10.00.
State law references–Burglar alarm systems, V.T.C.A., Local Government Code, sec. 214.191 et seq.;
municipal authority to enact ordinances regulating alarm systems, V.T.C.A., Local Government Code, sec.
233.095; Private Security Act, V.T.C.A., Occupations Code, ch. 1702.
†
4-7
Alarm permit holder. A person who has received an alarm system permit as required by this
article.
Alarm site. A single premises or location (one street address) served by an alarm system or
systems. An alarm site will include a multi-unit dwelling where the owner of such dwelling
provides or makes available an alarm system for his tenants. For purposes of the issuance of a
permit, such multi-unit dwelling shall be considered one property requiring only one permit.
Alarm system. A device or system that emits, transmits, or relays a signal intended to summon, or
that would reasonably be expected to summon, emergency personnel of the town, including but
not limited to local alarms. Alarm system does not include:
(1)
An alarm installed on a motor vehicle;
(2)
Any device or system designed solely to detect or give notice of fire, smoke or water
flow;
(3)
An alarm system designed solely to alert the occupants of a building or residence
which will not emit a signal either audible or visible from outside the building or
residence.
Alarm system user. A person who owns or controls the premises upon which an alarm system is
located. For example, this would include a real estate agent acting on behalf of the owner of the
premises.
Chief. The chief of police of the town, or his representative.
Emergency personnel. Police personnel or fire personnel in the town.
False alarm notification. The activation of an alarm system that results in notification to town
emergency personnel, and response by emergency personnel at a time when the responding
personnel find no evidence of unauthorized intrusion, attempted unauthorized intrusion, robbery,
attempted robbery, or any other violation that the alarm system was intended to report.
Local alarm. An alarm system that emits a signal at an alarm site that is audible or visible from
the exterior of a structure.
Person. An individual, corporation, partnership, association, organization or similar entity.
(Ordinance 92-16, sec. III, adopted 5/19/92; Ordinance 92-21, sec. III, adopted 12/15/92; 2006
Code, ch. 10, sec. 3.02)
Sec. 4.02.003
Offenses; penalty
(a) It shall be unlawful to operate an alarm system during the period in which an alarm permit
is under revocation. Each day of such operation shall constitute a separate offense.
(b) It shall be unlawful for any person to operate an alarm system without a permit or in
violation of any provision of section 4.02.041 or for a violation of section 4.02.014(a) and (b).
Each day of such operation shall constitute a separate offense.
4-8
(c) Any person in violation of subsection (a) or (b) of this section shall be fined, upon
conviction, not less than one dollar ($1.00) nor more than five hundred dollars ($500.00), and a
separate offense shall be deemed committed upon each day during or on which a violation occurs
or continues.
(Ordinance 92-16, sec. XXIII, adopted 5/19/92; Ordinance 92-21, sec. XXIII, adopted 12/15/92;
2006 Code, ch. 10, sec. 3.20)
Sec. 4.02.004
Applicability to government bodies
The United States government, the state, the town or any county government or school district
situated within the corporate limits of the town shall comply with the requirements of this code;
provided, however, that they shall be exempt from the payment of any fees. (Ordinance 92-16,
sec. XIX, adopted 5/19/92; Ordinance 92-21, sec. XIX, adopted 12/15/92; 2006 Code, ch. 10, sec.
3.19)
Sec. 4.02.005
(a)
Proper operation and maintenance; duties of permittee
A permit holder or alarm system user shall:
(1)
Maintain the premises containing an alarm system in a manner that ensures 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
when notified by the town to repair or inactivate a malfunctioning alarm system, to
provide access to the premises or to provide security for the premises. For purposes
of this article, it shall be a rebuttable presumption that more than thirty (30) minutes
constitutes an unreasonable period of time to respond;
(4)
Not manually activate an alarm for any reason other than an occurrence of an event
that the alarm system was intended to report.
(b) A person in control of an alarm system shall adjust the mechanism or cause the mechanism
to be adjusted so that an alarm signal will sound for no longer than fifteen (15) minutes after
being activated.
(Ordinance 92-16, sec. VI, adopted 5/19/92; Ordinance 92-21, sec. VI, adopted 12/15/92; 2006
Code, ch. 10, sec. 3.05)
Sec. 4.02.006
Manual reset
A permit holder or person in control of an alarm system which has an automatic resetting device,
and which system causes three (3) or more alarms within a twenty-four (24) hour period, shall
manually reset the system. (Ordinance 92-16, sec. VII, adopted 5/19/92; Ordinance 92-21, sec.
VII, adopted 12/15/92; 2006 Code, ch. 10, sec. 3.06)
4-9
Sec. 4.02.007
Use of relaying intermediary
A permit holder or person in control of an alarm system shall not allow signals to be reported
through a relaying intermediary that does not comply with the requirements of this code and any
rules and regulations promulgated by the chief, or is not licensed by the state private security
bureau. (Ordinance 92-16, sec. VIII, adopted 5/19/92; Ordinance 92-21, sec. VIII, adopted
12/15/92; 2006 Code, ch. 10, sec. 3.07)
Sec. 4.02.008
Alarm reporting
A person who is engaged in the business of relaying alarm notifications to the town shall:
(1)
Make notification by a human operator; and
(2)
Communicate alarm notifications to the town in a manner and form designated by the
chief.
(Ordinance 92-16, sec. IX, adopted 5/19/92; Ordinance 92-21, sec. IX, adopted 12/15/92; 2006
Code, ch. 10, sec. 3.08)
Sec. 4.02.009
Records of alarm businesses
(a) A person engaged in the business of selling, leasing, installing, or otherwise distributing
alarm systems shall maintain records at its place of business which will show the names and
addresses of persons to whom an alarm system was sold, leased, installed or otherwise
distributed, as well as the date of such transaction.
(b) Said business shall make said records available during regular business hours to the chief or
his designated representative for inspection. The purpose of this section is to assure that alarm
system users are in compliance with this code, but not to regulate in any manner any person
engaged in the alarm business.
(Ordinance 92-16, sec. X, adopted 5/19/92; Ordinance 92-21, sec. X, adopted 12/15/92; 2006
Code, ch. 10, sec. 3.09)
Sec. 4.02.010
Automatic dialing prohibited
No person shall operate or cause to be operated any automatic dialing device which, when
activated, uses a telephone device or attachment to automatically select a telephone line leading
into the police department of the town and then transmit any prerecorded message or signal.
(Ordinance 92-16, sec. XI, adopted 5/19/92; Ordinance 92-21, sec. XI, adopted 12/15/92; 2006
Code, ch. 10, sec. 3.10)
Sec. 4.02.011
Operating instructions to be maintained at alarm site
A permit holder or person in control of an alarm system shall maintain at each alarm site a
complete set of written operating instructions for each alarm system. Special codes,
combinations, or passwords shall not be included in these instructions. (Ordinance 92-16, sec.
XII, adopted 5/19/92; Ordinance 92-21, sec. XII, adopted 12/15/92; 2006 Code, ch. 10, sec. 3.11)
4-10
Sec. 4.02.012
Dispatch records
(a) Emergency personnel responding to a dispatch resulting from an alarm system notification
shall record such information as necessary to permit the chief to maintain records, including but
not limited to the following information:
(1)
Identification of the permit holder;
(2)
Identification of the alarm site;
(3)
Time dispatched, arrived, and cleared;
(4)
Time of day, date;
(5)
Weather conditions; and
(6)
Name of the permit holder’s representative on the premises, if any.
(b) Responding personnel shall indicate on the dispatch record whether the notification was
caused by a false alarm.
(Ordinance 92-16, sec. XIII, adopted 5/19/92; Ordinance 92-21, sec. XIII, adopted 12/15/92;
2006 Code, ch. 10, sec. 3.12)
Sec. 4.02.013
System performance reviews
If there is reason to believe that an alarm system is not being used or maintained in the manner
that ensures proper operation and suppresses false alarms, the chief may require a conference
with an alarm permit holder and the individual or association responsible for maintenance of the
alarm system to review circumstances of each false alarm. Any such conference will be held only
after a ten (10) day notice to the permit holder, such notice to be effective on mailing to the
permit holder at the address listed on the application. (Ordinance 92-16, sec. XIV, adopted
5/19/92; Ordinance 92-21, sec. XIV, adopted 12/15/92; 2006 Code, ch. 10, sec. 3.13)
Sec. 4.02.014
False alarm service fees
(a) Except as provided in subsections (b) and (c), the holder of an alarm permit shall pay a
service fee in the amount established by the fee schedule for each false alarm notification emitted
from an alarm site that is in excess of five (5) false alarms during the twelve (12) months
immediately following the date of issuance of the permit and each succeeding twelve (12) months
thereafter.
(b) The holder of an alarm permit for a multifamily dwelling issued as one protected property
shall pay a service fee in the amount established by the fee schedule for each false alarm
notification emitted from said alarm site that is in excess of ten (10) false alarms during the
twelve (12) months immediately following the date of issuance of the permit and each succeeding
twelve (12) months thereafter.
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(c) If a person notifies the chief and applies for an alarm permit before the installation of a new
alarm system, no service fee will be assessed during the first fifteen (15) days after installation,
and false alarm notifications during that period will not be counted in determining when a service
fee will be assessed.
(Ordinance 92-16, sec. XV, adopted 5/19/92; Ordinance 92-21, sec. XV, adopted 12/15/92; 2006
Sec. 4.02.015
Responsibility for acts by agents
In addition to prohibiting or requiring certain conduct of individuals, it is the intent of this code to
hold a corporation, partnership or other association criminally responsible for acts or omissions
performed by an agent acting on behalf of the corporation, partnership or other association, within
the scope of his employment. (Ordinance 92-16, sec. XVII, adopted 5/19/92; Ordinance 92-21,
sec. XVII, adopted 12/15/92; 2006 Code, ch. 10, sec. 3.16(C))
Secs. 4.02.016–4.02.040
Reserved
Division 2. Permit
Sec. 4.02.041
Required; application; issuance
(a) No person shall operate, cause to be operated, or permit the operation of an alarm system
unless a valid permit has been issued by the town for such system. This requirement is applicable
to the person in control of the property which the alarm system is designed to protect.
(b)
An alarm system user or his agent shall obtain a permit for each alarm site.
(c) Upon receipt of a completed application form, the permitting department shall issue an
alarm permit to the applicant unless the applicant has failed to pay a service fee assessed under
section 4.02.014 or has had an alarm permit for the alarm site revoked, and the violation causing
the revocation has not been corrected.
(d)
Each permit application must contain the following information:
(1)
Name, address, and telephone number of the person who will be the permit holder
and be responsible for the proper maintenance and operation of the alarm system and
payment of fees assessed under this article.
(2)
The street address of the property on which the alarm system is to be installed and
operated.
(3)
Classification of the alarm site as either residential or commercial.
(4)
Any business name or title used for the premises on which the alarm system is to be
installed and operated.
(5)
The name of one other person to respond to an alarm in the event the permit holder is
unavailable.
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(6)
Any other information required by the law enforcement agency which is necessary
for the enforcement of this article.
(e) Any false statement of a material matter made by the applicant for the purpose of obtaining
an alarm permit shall be sufficient cause for refusal to issue a permit and/or for revocation of a
permit already issued.
(f) A permit holder shall inform the town of any change that alters any information listed on
the permit application within five (5) days of the occurrence of the change.
(g)
All fees owed by an applicant must be paid before a permit may be issued or renewed.
(h) The fee for a permit issued pursuant to this code shall be in the amount established by the
fee schedule in appendix A to this code for single-family residences and businesses.
(i) The fee for a permit issued pursuant to this code for a multiple-family dwelling when the
owner of that dwelling provides or makes available for his tenants alarm systems shall be in the
amount established by the fee schedule per permit term for each unit.
(Ordinance 92-16, sec. IV, adopted 5/19/92; Ordinance 92-21, sec. IV, adopted 12/15/92; 2006
Sec. 4.02.042
Duration; transfer
A permit is valid, unless revoked, from the date of issuance. A permit is transferable to a
purchaser of property where the alarm system is in place provided there are no modifications
made to the alarm system and a new permit fee is paid. (Ordinance 92-16, sec. V, adopted
5/19/92; Ordinance 92-21, sec. V, adopted 12/15/92; 2006 Code, ch. 10, sec. 3.04)
Sec. 4.02.043
Grounds for revocation
The chief may revoke an alarm permit if he determines that:
(1)
There is any violation of this article;
(2)
There is a false statement of a material matter in the application for a permit;
(3)
An alarm system other than a multifamily dwelling system has generated in excess of
six (6) false alarms during the twelve (12) months immediately following the date of
issuance of the permit and each succeeding twelve (12) months thereafter;
(4)
A multifamily dwelling alarm system has generated in excess of ten (10) false alarm
notifications during the twelve (12) months immediately following the date of
issuance of the permit and each succeeding twelve (12) months thereafter;
(5)
The permit holder has failed to make payment of any service fee assessed under
section 4.02.014 within thirty (30) days of the assessment.
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(6)
Failure to attend the conference provided for in section 4.02.013.
(Ordinance 92-16, sec. XVI, adopted 5/19/92; Ordinance 92-21, sec. XVI, adopted 12/15/92;
2006 Code, ch. 10, sec. 3.15)
Sec. 4.02.044
Appeals
(a) If the chief 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 this action
and a statement of the right to an appeal. The applicant or permit holder may appeal the decision
of the chief to the town manager or designee by filing with the town manager or designee a
written request for a hearing setting forth the reason for the appeal, within ten (10) days after
receipt of the notice of the chief. The filing of a request for an appeal hearing with the town
manager or designee stays the action of the chief as to the denial of a permit or the revocation of a
permit until the town manager or designee makes a final decision. If a request for an appeal
hearing is not made within the ten-day period, the action of the chief is final.
(b) The town manager or designee 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; the hearing officer shall make his decision on the basis of a preponderance of the
evidence presented, within thirty (30) days after the request for an appeal hearing is filed. The
hearing officer shall affirm, reverse, or modify the action of the chief. The decision of the hearing
officer is final as to the administrative remedies with the town.
(Ordinance 92-16, sec. XVII, adopted 5/19/92; Ordinance 92-21, sec. XVII, adopted 12/15/92;
2006 Code, ch. 10, sec. 3.16(A), (B); Ordinance adopting Code)
Sec. 4.02.045
Forfeiture of fee upon revocation of permit
When the revocation of a permit is final, all permit fees shall be forfeited. (Ordinance 92-16, sec.
XVIII, adopted 5/19/92; Ordinance 92-21, sec. XVIII, adopted 12/15/92; 2006 Code, ch. 10, sec.
3.17)
Sec. 4.02.046
Reapplication after revocation
(a) Should an alarm system user or his agent, after final permit revocation, desire to reapply for
a permit, he shall be required to submit a new permit application, including required permit fees.
(b)
The applicant shall also submit satisfactory proof of compliance with the code.
(Ordinance 92-16, sec. XIX, adopted 5/19/92; Ordinance 92-21, sec. XIX, adopted 12/15/92;
2006 Code, ch. 10, sec. 3.18)
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ARTICLE 4.03 PEDDLERS AND SOLICITORS*
Sec. 4.03.001
Definitions
In this code:
Actively supervised. Oversight and supervision by an adult person at least eighteen (18) years of
age who is physically located within one hundred feet (100') of a child solicitor sixteen (16) years
of age or less for whom the supervisor is responsible at all times when such child solicitor is
engaged in soliciting.
Agent. Any person contracting with the holder of a permit secured pursuant to the terms of this
article to advertise, distribute or sell products under such permit.
Applicant. Any person that requests a permit for solicitation as required by this article.
Charitable solicitations and charitable solicitations campaign. Any course of conduct whereby
any person solicits property or financial assistance of any kind, or sells or offers for sale or use
any goods or merchandise, including, without limitation, any article, tag, service, emblem,
publication, ticket, advertisement, subscription or anything of value on the plea or representation
that such sale or solicitation or the proceeds therefrom are for a charitable, educational, patriotic
or philanthropic purpose.
Commercial solicitations. Any course of conduct whereby any person engages in soliciting of
goods or merchandise, other than charitable solicitations or religious solicitations as defined
herein.
Goods or merchandise. Any service or personal property of any nature whatsoever except printed
material.
Itinerant vendor. A person who engages in a business of selling goods or services from any
structure or vehicle which is not affixed to the ground, or from no structure or vehicle.
Mobile food unit. A vehicle from which food is distributed or served to an ultimate customer.
Permit. Written documentation issued by the town permitting department authorizing activities in
accordance with this article.
Permitting department. The office and individuals assigned to the office primarily tasked with
issuing permits as required or authorized by the town.
Person or persons. An individual, corporation, association, church, organization, society or any
other legal entity, including their employees, contractors, agents, members, and representatives.
*
State law references–Authority of municipality to license, tax, suppress, prevent, or otherwise regulate
peddlers, hawkers and pawnbrokers, V.T.C.A., Local Government Code, sec. 215.031; cancellation of
certain consumer transactions, V.T.C.A., Business and Commerce Code, ch. 601; solicitation by pedestrian,
V.T.C.A., Transportation Code, sec. 552.007.
4-15
Public property. Any property open or devoted to public use or owned by, leased to or under the
control of the town, including, but not limited to, buildings, facilities, sidewalks, streets,
parkways, medians, right-of-way easements and parks.
Religious solicitations and solicitations for a religious purpose. Any course of conduct whereby
any person solicits property or financial assistance of any kind or sells or offers for sale or use
any goods or merchandise, including, without limitation, any article, tag, service, emblem,
publication, ticket, advertisement, subscription or anything of value, on the plea or representation
that such sale or solicitation or the proceeds therefrom are for a religious purpose, on public
property, in any privately or publicly owned or controlled office building, or any other public or
private place, or by house-to-house canvassing.
Shoulder. The unpaved section of a highway, road, or street in the town which is located in the
public right-of-way and abuts the paved section of the highway, road or street and extends to the
outside boundaries of the right-of-way.
Solicit or soliciting. Any course of conduct to sell or attempt to sell goods or merchandise,
including without limitation, services or anything of value, or to take or attempt to take orders for
the future delivery of goods or merchandise, or anything of value, or to take or attempt to take
orders for services to be furnished or performed in the future when the solicitation occurs upon
the premises of another or upon any public property. The term includes the distribution of a
handbill, a circular, or a flyer advertising a commercial event, or commercial goods or
merchandise. An offer of membership in an organization is expressly excluded.
Solicitation. The practice, act or instance of soliciting as defined herein.
Solicitor. All persons who solicit.
Town. The area within the corporate and extraterritorial boundaries of the town, and includes
without limitation all private property and public property within those boundaries.
Town manager. The town manager or his designee.
Vehicle. Any device in, upon, or by which a person or property may be transported or drawn upon
a street or sidewalk, including but not limited to motor vehicles, carts, wagons, cars, trucks and
vans.
Code, ch. 10, sec. 4.01; Ordinance 2008-21, sec. II, adopted 8/18/08; Ordinance 2014-21, sec.
2.01, adopted 8/12/14; Ordinance adopting Code)
Sec. 4.03.002
Penalty
(a) Criminal penalty. Any person intentionally, knowingly, or recklessly violating any of the
provisions of this code shall be deemed guilty of a misdemeanor and upon conviction thereof
shall be subject to a fine in a sum not to exceed five hundred dollars ($500.00) for each offense
and a separate offense shall be deemed committed upon each day during or on which a violation
occurs or continues.
(b) Revocation or suspension of permit or identification card by municipal court judge. Upon
conviction of two (2) or more violations of any one (1) or more of the provisions of this article,
4-16
the town’s municipal court judge, in addition to imposing a fine, may institute proceedings to
suspend or revoke the permit or the solicitor’s identification card issued under this article. A
person who has received two (2) or more convictions under this article shall be denied a permit or
solicitor’s identification card for a period of two (2) years following the date of the second
conviction.
(Ordinance 86-12, sec. VIII, adopted 4/14/86; Ordinance 92-22, sec. IX, adopted 12/15/92; 2006
Code, ch. 10, sec. 4.06; Ordinance 2014-21, sec. 2.04, adopted 8/12/14)
Sec. 4.03.003
Hours and days of operation
(a) It shall be unlawful for any person to conduct commercial solicitations, charitable
solicitations or religious solicitations before the hour of 9:00 a.m. and after the earlier of dusk or
the hour of 9:00 p.m. on any day Monday through Saturday, except as otherwise expressly
provided herein. For purposes of this section, dusk shall mean thirty (30) minutes after sunset.
(b) There shall be no solicitation on Sunday, New Years Eve, New Years Day, Memorial Day
(observed), Fourth of July, Labor Day (observed), Thanksgiving Day, the day after Thanksgiving,
Christmas Eve, or Christmas Day.
(Ordinance 86-12, sec. VI, adopted 4/14/86; 2006 Code, ch. 10, sec. 4.05; Ordinance 2008-21,
sec. II, adopted 8/18/08; Ordinance 2008-33, sec. II, adopted 10/20/08; Ordinance 2014-15
adopted 6/16/14)
Sec. 4.03.004
Do-not-solicit/no knock list
(a) The town manager shall develop and maintain a list of residential property addresses where
soliciting is prohibited and such list shall be referred to as the “do-not-solicit/no knock list.”
(b) Any property owner or occupant of a residential property may elect to add or remove his or
her residential address to or from the do-not-solicit/no knock list through the procedures
developed by the town manager as posted on the town website and as available at the town
permitting department. The property owner or occupant making such a request shall be required
to affirm in writing that he or she is an owner or occupant of the residential property, and is
making the request on his or her behalf and/or on behalf of any other owner or occupant at that
property.
(c) The town manager shall make the do-not-solicit/no knock list available on the town’s
website and shall also make the list available at the town permitting department to any person
upon request.
(d) The town manager shall make the do-not-solicit/no knock list available to each person
issued a permit under this article and to each person issued a solicitor’s identification card under
this article at the time of issuance of the permit or solicitor’s identification card. It shall be the
responsibility of the holder of the permit or solicitor’s identification card to review the listing of
residential properties provided on the town website at intervals identified by town on the permit
or solicitor’s identification card in order to ensure that he/she is utilizing the most current do-notsolicit/no knock list.
4-17
Secs. 4.03.005–4.03.030
Reserved
Division 2. Commercial Solicitation
Sec. 4.03.031
Permit required
Except as expressly provided herein, it shall be unlawful for a person to conduct any commercial
solicitation in the town without first having in his or her possession a valid written permit therefor
issued by the town. (2006 Code, ch. 10, sec. 4.02(A). See end of this division for full history for
this division.)
Sec. 4.03.032
Exceptions
The following shall be affirmative defenses to prosecution for violation of applicable permitting
requirements set forth in this article:
(1)
That the solicitor is on the property by express invitation of the person residing on or
controlling such premises.
(2)
That the solicitor is a wholesale agent or factory representative who sells or exhibits
for sale goods, wares or merchandise and was soliciting a person or persons engaged
in the business of buying, selling and dealing in the same type of goods or
merchandise.
(3)
That the solicitor was operating under a license granted by a state agency or the town
authorizing the sale of property or services which the solicitor wishes to sell in the
town.
(4)
That the solicitor was soliciting newspaper sales or sales of publications or other
printed material which deal with the dissemination of information or opinion;
however, this defense is not available for a violation of section 4.03.039(c), section
4.03.039(d), or section 4.03.003 of this article.
(5)
That the solicitation takes place upon the premises owned, leased or controlled by the
solicitor or by his employer.
(2006 Code, ch. 10, sec. 4.02(B). See end of this division for full history for this division.)
Sec. 4.03.033
(a) Any person desiring to solicit within the town shall file a written application for a permit to
do so with the permitting department, which application shall show:
(1)
The name and address of the applicant; if the applicant is an association, company or
corporation, then it shall state its name along with the names of the persons who will
be soliciting in the town;
(2)
The name and address of the employer or firm which such applicant represents;
(3)
If the applicant is a corporation, or if the individual is employed by a corporation, the
date and place of incorporation;
4-18
(4)
The names of other communities in which the applicant has worked as a solicitor in
the past twelve (12) months, and if he was employed by a different company in the
other communities, the names of those companies shall also be stated;
(5)
The nature of goods or merchandise to be sold or offered for sale or the nature of the
services to be furnished;
(6)
Whether such applicant upon such order so obtained will demand, accept or receive
payment or deposit of money in advance of final delivery;
(7)
The period of time such applicant so wishes to solicit in the town;
(8)
An outline of the method or methods to be used in conducting the solicitations;
(9)
A physical description of the applicant which includes sex, height, hair and eye color,
date of birth, driver’s license number and the name of the state issuing the driver’s
license; and
(10) Whether the applicant or any person soliciting pursuant to the applicant’s permit has
been convicted within the five (5) years preceding the date of the application of
murder, burglary, theft, fraud, robbery, rape, or any drug-related felony or is a
registered sex offender.
(b) Such application shall also show satisfactory written proof of the applicant’s authority to
represent the company or individual such applicant states that he represents.
(c) The application shall be accompanied by a fee as set forth in the fee schedule in appendix A
of this code, and no permit hereunder shall be issued until such fee has been paid by the applicant.
(d) A permit requested under this section shall be issued for the length of time requested, not to
exceed twelve (12) months. Upon expiration of one permit, the solicitor may apply for a new
permit in the same manner prescribed by this section for a new permit.
(e) The permitting department shall require the applicant to provide documentation from the
state department of public safety that neither the applicant nor any of the applicant’s agents have
been convicted within the five (5) years preceding the date of the application of murder, burglary,
fraud, theft, robbery, rape, or any drug-related felony or are registered sex offenders.
Sec. 4.03.034
Issuance of permit; bond
(a) Where the applicant for a permit to solicit within the town shows that the applicant will not
demand, receive or accept payment and/or deposit of money in advance of final delivery of goods
or merchandise to be solicited by such applicant and/or the applicant’s agents, it shall be the duty
of the permitting department to issue to such applicant a permit to solicit the goods or
merchandise identified in such applicant’s application within five (5) working days of the
completion of the application and payment of the fee, unless it has been determined that the
application contains false information or the applicant and/or any of the applicant’s agents has
4-19
been convicted within the five (5) years preceding the date of the application of murder, theft,
fraud, burglary, robbery, rape, or a drug-related felony or are a registered sex offender.
(b) If the application for such permit shows that such applicant shall receive, demand or accept
payment and/or deposit of money in advance of final delivery of goods or merchandise sold, then
such application shall be accompanied by a bond in the penal sum of one thousand dollars
($1,000.00) for an individual permit executed by such applicant as principal and a surety
company licensed to do business as su

CODE OF ORDINANCES OF THE TOWN OF TROPHY CLUB, TEXAS

Transcription

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