CODE OF ORDINANCES City of HUNTERS CREEK VILLAGE ...

SUPPLEMENT NO. 8

July 2012

CODE OF ORDINANCES

City of

HUNTERS CREEK VILLAGE, TEXAS

Looseleaf Supplement

This Supplement contains all ordinances deemed advisable to be included at this

time through:

Ordinance No. 798, enacted May 22, 2012.

See the Code Comparative Table for further information.

Remove Old Pages Insert New Pages

xv, xvi xv, xvi

Checklist of Up-to-Date Pages Checklist of Up-to-Date Pages

(following Table of Contents)

SH:1 SH:1

CD40:3—CD40:6 CD40:3—CD40:6.1

CD43:1 CD43:1

CD43:3—CD43:5

CD44:17, CD44:18 CD44:16.1—CD44:17

CCT:7 CCT:7

SLT:1, SLT:2 SLT:1, SLT:2

CDi:3, CDi:4 CDi:3—CDi:4.1

CDi:11, CDi:12 CDi:11, CDi:12

Insert and maintain this instruction sheet in front of this publication. File

removed pages for reference.

SUPPLEMENT NO. 6 April 2011

CODE OF ORDINANCES

City of


Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through:

Ordinance No. 768, enacted February 22, 2011. See the Code Comparative Table—Ordinances for further information. Remove Old Pages Insert New Pages xiii—xvi xiii—xvi Checklist of up-to-date pages Checklist of up-to-date pages

(following Table of Contents) SH:1(following checklist of up-to-date

pages) CD10:1—CD10:16 CD10:1—CD10:16.1 CD26:1 CD26:1 CD26:3 CD26:3 CD34:1, CD34:2 CD34:1, CD34:2 CD34:31, CD34:32 CD34:31, CD34:32 CD36:1 CD36:1 CD36:3, CD36:4 CD36:3—CD36:4.1 CD36:7—CD36:10 CD36:7—CD36:10 CD40:1 CD40:1 CD40:7 CD40:7, CD40:8 CD44:15—CD44:18 CD44:15—CD44:18 CCT:7 CCT:7 CDi:1—CDi:14 CDi:1—CDi:14

Insert and maintain this instruction sheet in front of this publication. File removed pages for reference.

SUPPLEMENT NO. 5April 2010

CODE OF ORDINANCES

City of



This Supplement contains all ordinances deemed advisable to be included atthis time through:

Ordinance No. 750, enacted December 8, 2009.

See the Code Comparative Table—Ordinances for further information.

Remove old pages Insert new pages

Checklist of up-to-date pages Checklist of up-to-date pages(following Table of Contents)

CD18:5—CD18:10 CD18:5—CD18:10.1CCT:7 CCT:7

Insert and maintain this instruction sheet in front of this publication. Fileremoved pages for reference.

MUNICIPAL CODE CORPORATIONPost Office Box 22351700 Capital Circle, S.W.Tallahassee, FL 32316(850) 576-31711-800-262-CODEWebsite: www.municode.com

SUPPLEMENT NO. 4August 2009

CODE OF ORDINANCES

City of




Ordinance No. 744, enacted July 28, 2009.



Checklist of up-to-date pages Checklist of up-to-date pages(following Table of Contents)

CD6:3—CD6:10 CD6:3—CD6:10CCT:5, CCT:6 CCT:5—CCT:7



SUPPLEMENT NO. 3April 2009

CODE OF ORDINANCES

City of




Ordinance No. 740, enacted March 24, 2009.

See the Code Comparative Table—Ordinances for further information.


xiii—xvi xiii—xviChecklist of up-to-date pages Checklist of up-to-date pages

(following Table of Contents)CD10:4.1—CD10:10 CD10:5—CD10:10.2CD10:13—CD10:16 CD10:13—CD10:16CD18:1, CD18:2 CD18:1, CD18:2CD18:10.1—CD18:14 CD18:11—CD18:14.2CD18:17, CD18:18 CD18:17—CD18:21CD32:1 CD32:1CD32:3, CD32:4 CD32:3—CD32:5CD40:3—CD40:7 CD40:3—CD40:7CD44:1, CD44:2 CD44:1, CD44:2CD44:13—CD44:18 CD44:13—CD44:18.3CCT:5, CCT:6 CCT:5, CCT:6SLT:1—SLT:4 SLT:1—SLT:4CDi:1—CDi:14 CDi:1—CDi:14



SUPPLEMENT NO. 2September 2008

CODE OF ORDINANCES

City of




Ordinance No. 722, enacted July 15, 3008.



xiii, xiv xiii, xivChecklist of up-to-date pages Checklist of up-to-date pages

(following Table of Contents)CD2:1, CD2:2 CD2:1, CD2:2CD2:3, CD2:4 CD2:3—CD2:4.1CD18:1 CD18:1CD18:3—CD18:10 CD18:3—CD18:10.2CD44:13, CD44:14 CD44:13—CD44:14.1CCT:5, CCT:6 CCT:5, CCT:6SLT:3, SLT:4 SLT:3, SLT:4



SUPPLEMENT NO. 1March 2008

CODE OF ORDINANCES

City of




Ordinance No. 711, enacted January 15, 2008.



xi, xiixiii—xvi xiii—xvi

Checklist of up-to-date pages(following Table of Contents)

CD1:3, CD1:4 CD1:3, CD1:4CD8:3—CD8:6 CD8:3—CD8:6CD10:1—CD10:4 CD10:1—CD10:4.2CD26:1 CD26:1CD26:3 CD26:3CD44:7, CD44:8 CD44:7—CD44:8.1CD44:19, CD44:20 CD44:19, CD44:20CCT:5, CCT:6 CCT:5, CCT:6CDi:1—CDi:13 CDi:1—CDi:14



CODE OF ORDINANCES

CITY OF


Published by Order of the City Council

M MUNICIPAL CODE CORPORATION

CC Tallahassee, Florida 2007

OFFICIALS

of the

CITY OF


AT THE TIME OF THIS RECODIFICATION

J. Robert Dodson IIIMayor

Michael E. CokinosPeggy S. Burck

Art CasperRoger N. Stark

David A. WegnerCity Council

Deborah L. LoeschCity Secretary

iii

PREFACE

This Code constitutes a recodification of the general and permanentordinances of the City of Hunters Creek Village, Texas.

Source materials used in the preparation of the Code were the 2002 Code, assupplemented, and ordinances subsequently adopted by the City Council. Thesource of each section is included in the history note appearing in parenthesesat the end thereof. The absence of such a note indicates that the section is newand was adopted for the first time with the adoption of the Code. By use of thecomparative tables appearing in the back of this Code, the reader can locateany section of the 2002 Code, as supplemented, and any ordinance includedherein.

The chapters of the Code have been conveniently arranged in alphabeticalorder, and the various sections within each chapter have been catchlined tofacilitate usage. Notes which tie related sections of the Code together andwhich refer to relevant state law have been included. A table listing the statelaw citations and setting forth their location within the Code is included at theback of this Code.

Chapter and Section Numbering System

The chapter and section numbering system used in this Code is the samesystem used in many state and local government codes. Each section numberconsists of two parts separated by a dash. The figure before the dash refers tothe chapter number, and the figure after the dash refers to the position of thesection within the chapter. Thus, the second section of chapter 1 is numbered1-2, and the first section of chapter 6 is 6-1. Under this system, each section isidentified with its chapter, and at the same time new sections can be insertedin their proper place by using the decimal system for amendments. Forexample, if new material consisting of one section that would logically comebetween sections 6-1 and 6-2 is desired to be added, such new section would benumbered 6-1.5. New articles and new divisions may be included in the sameway or, in the case of articles, may be placed at the end of the chapterembracing the subject, and, in the case of divisions, may be placed at the endof the article embracing the subject. The next successive number shall beassigned to the new article or division. New chapters may be included by usingone of the reserved chapter numbers. Care should be taken that the alphabet-ical arrangement of chapters is maintained when including new chapters.

Page Numbering System

The page numbering system used in this Code is a prefix system. The lettersto the left of the colon are an abbreviation which represents a certain portionof the volume. The number to the right of the colon represents the number ofthe page in that portion. In the case of a chapter of the Code, the number to theleft of the colon indicates the number of the chapter. In the case of an appendixto the Code, the letter immediately to the left of the colon indicates the letterof the appendix. The following are typical parts of codes of ordinances, whichmay or may not appear in this Code at this time, and their correspondingprefixes:

vii

CODE CD1:1

CODE APPENDIX CDA:1

CODE COMPARATIVE TABLES CCT:1

STATE LAW REFERENCE TABLE SLT:1

CODE INDEX CDi:1

Index

The index has been prepared with the greatest of care. Each particular itemhas been placed under several headings, some of which are couched in layphraseology, others in legal terminology, and still others in language generallyused by local government officials and employees. There are numerous crossreferences within the index itself which stand as guideposts to direct the userto the particular item in which the user is interested.

Looseleaf Supplements

A special feature of this publication is the looseleaf system of binding andsupplemental servicing of the publication. With this system, the publicationwill be kept up-to-date. Subsequent amendatory legislation will be properlyedited, and the affected page or pages will be reprinted. These new pages willbe distributed to holders of copies of the publication, with instructions for themanner of inserting the new pages and deleting the obsolete pages.

Keeping this publication up-to-date at all times will depend largely upon theholder of the publication. As revised pages are received, it will then become theresponsibility of the holder to have the amendments inserted according to theattached instructions. It is strongly recommended by the publisher that allsuch amendments be inserted immediately upon receipt to avoid misplacingthem and, in addition, that all deleted pages be saved and filed for historicalreference purposes.

Acknowledgments

This publication was under the direct supervision of Bill Carroll, SeniorCode Attorney, and K. Barrington, Editor, of the Municipal Code Corporation,Tallahassee, Florida. Credit is gratefully given to the other members of thepublisher's staff for their sincere interest and able assistance throughout theproject.

The publisher is most grateful to Ms. Deborah L. Loesch, City Secretary, forher cooperation and assistance during the progress of the work on thispublication. It is hoped that her efforts and those of the publisher haveresulted in a Code of Ordinances which will make the active law of the Cityreadily accessible to all citizens and which will be a valuable tool in theday-to-day administration of the City's affairs.

Copyright

All editorial enhancements of this Code are copyrighted by Municipal CodeCorporation and the City of Hunters Creek Village, Texas. Editorial enhance-

viii

ments include, but are not limited to: organization; table of contents; sectioncatchlines; prechapter section analyses; editor's notes; state law references;numbering system; code comparative table; state law reference table; andindex. Such material may not be used or reproduced for commercial purposeswithout the express written consent of Municipal Code Corporation and theCity of Hunters Creek Village, Texas.

© Copyrighted material.

Municipal Code Corporation and the City of Hunters Creek Village, Texas.2007.

ix

ORDINANCE NO. 710

AN ORDINANCE ADOPTING AND ENACTING A NEW CODE OF ORDI-NANCES FOR THE CITY OF HUNTERS CREEK VILLAGE, TEXAS; PRO-VIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDEDIN THE CODE; PROVIDING PENALTIES FOR VIOLATIONS OF THECODE; PROVIDING FOR THE MANNER OF AMENDING THE CODE;PROVIDING AN EFFECTIVE DATE; AND CONTAINING OTHER PROVI-SIONS RELATED TO THE SUBJECT

* * * * *

WHEREAS, the City Council is authorized, under Section 53.001 of theTexas Local Government Code, to adopt by ordinance a codification of its civiland criminal ordinances, together with appropriate penalties for the violationsof the ordinances; and

WHEREAS, the City Council believes it necessary and advisable to adopt anew Code of Ordinances for the City and to establish appropriate penalties forviolations;

NOW THEREFORE,

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTERSCREEK VILLAGE, TEXAS:

Section 1. The printed volume entitled "Code of Ordinances, City ofHunters Creek Village, Texas", published by Municipal Code Corporation,consisting of chapters 1 through 44, each inclusive, and as corrected and on filein the office of the City Secretary (the "Code"), is adopted. The City Secretaryshall endorse the first page of one copy of the Code on file with her office withthe number of this Ordinance, its date of passage, and her name, and shallmaintain that copy in the City's records without alteration.

Section 2. The previous codification adopted by Ordinance No. 603, asamended to date ("the Prior Code"), is repealed and replaced in its entirety bythe new Code.

Section 3. The repeal provided for in section 2 is not intended to revive anyordinance, or part, that was repealed by: a) the ordinance enacting the PriorCode; or b) any subsequent ordinance that amended or added to the Prior Code.

Section 4. (a) Unless another penalty is expressly provided in the Code,every person convicted of a violation of any provision of the Code or anyordinance, rule or regulation adopted under authority of the Code shall bepunished by a fine. The maximum fines for single offenses are as follows:

(1) for violations of provisions that govern fire safety, zoning, or publichealth and sanitation, including dumping of refuse, the maximum fineshall not exceed two thousand dollars ($2,000.00) for each offense;

(2) for violations of traffic laws that are punishable as Class C misdemean-ors the maximum fine shall not exceed two hundred dollars ($200.00);and

xiSupp. No. 1

(3) for violations of all other provisions, the maximum fine shall notexceed the lesser of five hundred dollars ($500.00); or, where the sameor similar offence is defined under state law, the maximum penaltyprovided by state law.

Each act of violation, and each day upon which a violation shall continue oroccur, shall constitute a separate offense punishable by a separate fine.

The provisions of this section governing penalties for violations of the Codeshall apply to any provisions of the Code that are amended or added in thefuture, unless such amendments or additions contain express provisions to thecontrary, and it shall not be necessary to repeat the language of this section infuture ordinances amending the Code.

Section 5. Any reference to the Code shall be deemed to include anyamendments or additions to the Code. Future ordinances amending the Codeshould make specific reference, by chapter and section number, to the provi-sions of the Code that are to be amended.

Section 6. Any ordinance adopted after November 6, 2007 and prior to theeffective date of this Ordinance adopting the Code shall be construed to amend,or refer to, the corresponding provision in the Code, if any.

Section 7. The City Secretary shall cause a copy of this Ordinance to bepublished in the City's official newspaper. This Ordinance shall becomeeffective when the publication requirement is satisfied.

PASSED, APPROVED, AND ADOPTED this 15th day of January , 2008.

J. Robert Dodson IIIMayor

ATTEST:

Deborah L. Loesch, TRMCCity Secretary

xiiSupp. No. 1

TABLE OF CONTENTS

Page

Officials of the City at the Time of this Recodification . . . . . . . . . . iii

Current Officials (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . v

Preface . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . vii

Adopting Ordinance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . xi

Checklist of Up-To-Date Pages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [1]

Supplement History Table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SH:1

CODE OF ORDINANCES

Chapter

1. General Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD1:1

2. Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD2:1Art. I. In General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD2:3Art. II. City Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD2:3Art. III. Officers and Employees . . . . . . . . . . . . . . . . . . . . . CD2:3Art. IV. Boards and Commissions . . . . . . . . . . . . . . . . . . . . CD2:4

Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD2:4Div. 2. Planning and Zoning Commission . . . . . . . . . CD2:4

Art. V. Finance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD2:4.1Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD2:4.1Div. 2. Notice of Claims . . . . . . . . . . . . . . . . . . . . . . . . . CD2:5

Art. VI. Records Management . . . . . . . . . . . . . . . . . . . . . . . CD2:5

3. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD3:1

4. Alcoholic Beverages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD4:1

5. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD5:1

6. Amusements and Entertainments. . . . . . . . . . . . . . . . . . . . . . . . . CD6:1Art. I. In General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD6:3Art. II. Sexually Oriented Businesses . . . . . . . . . . . . . . . . CD6:3

Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD6:3Div. 2. Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD6:7

7. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD7:1

8. Animals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD8:1Art. I. In General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD8:3Art. II. Dogs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD8:3Art. III. Horses, Mules, Donkeys and Cattle . . . . . . . . . . CD8:5Art. IV. Wild Animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD8:5Art. V. Rabies Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD8:6

9. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD9:1

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Chapter Page

10. Buildings and Building Regulations. . . . . . . . . . . . . . . . . . . . . . CD10:1Art. I. In General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD10:3Art. II. Building Code. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD10:5Art. III. Residential Code . . . . . . . . . . . . . . . . . . . . . . . . . . . CD10:9Art. IV. Energy Conservation Code. . . . . . . . . . . . . . . . . . . CD10:12Art. V. Plumbing Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD10:12Art. VI. Mechanical Code . . . . . . . . . . . . . . . . . . . . . . . . . . . CD10:14Art. VII. Electrical Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD10:17Art. VIII. Outdoor Lighting . . . . . . . . . . . . . . . . . . . . . . . . . CD10:18.1Art. IX. Flood Plain Administration . . . . . . . . . . . . . . . . . . CD10:19Art. X. Fuel Gas Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD10:30Art. XI. Existing Building Code. . . . . . . . . . . . . . . . . . . . . . CD10:31

11. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD11:1

12. Cable Television . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD12:1

13. Reserved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD13:1

14. Emergency Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD14:1

15. Reserved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD15:1

16. Emergency Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD16:1Art. I. In General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD16:3Art. II. Alarm Systems. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD16:3


17. Reserved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD17:1

18. Environment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD18:1Art. I. In General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD18:3Art. II. Tree Preservation . . . . . . . . . . . . . . . . . . . . . . . . . . . CD18:3Art. III. Southern Pine Beetle Infestation . . . . . . . . . . . . CD18:13Art. IV. Property Maintenance. . . . . . . . . . . . . . . . . . . . . . . CD18:13Art. V. Vegetation Obstructing Streets . . . . . . . . . . . . . . . CD18:14.1Art. VI. Noise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD18:14.1Art. VII. Storage of Boats, Recreational Vehicles, Trail-

ers and Trucks . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD18:14.2Art. VIII. Junked Motor Vehicles . . . . . . . . . . . . . . . . . . . . CD18:15Art. IX. Substandard Buildings and Structures . . . . . . . CD18:18

19. Reserved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD19:1

20. Fire Prevention and Protection . . . . . . . . . . . . . . . . . . . . . . . . . . CD20:1Art. I. In General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD20:3Art. II. Fire Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD20:3Art. III. Fire Sprinkler Systems . . . . . . . . . . . . . . . . . . . . . CD20:4Art. IV. Fireworks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD20:5Art. V. Fire Hydrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD20:6Art. VI. Fire Lanes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD20:6Art. VII. Arson Reward . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD20:8

21. Reserved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD21:1

HUNTERS CREEK VILLAGE CODE

xivSupp. No. 7

Chapter Page

22. Law Enforcement (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD22:1

23. Reserved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD23:1

24. Municipal Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD24:1Art. I. In General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD24:3Art. II. Municipal Court Judge . . . . . . . . . . . . . . . . . . . . . . CD24:3

25. Reserved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD25:1

26. Offenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD26:1

27. Reserved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD27:1

28. Secondhand Goods. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD28:1Art. I. In General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD28:3Art. II. Garage Sales. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD28:3

29. Reserved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD29:1

30. Solicitation and Peddling. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD30:1Art. I. In General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD30:3Art. II. Solicitors and Peddlers . . . . . . . . . . . . . . . . . . . . . . CD30:3Art. III. Charitable Solicitations . . . . . . . . . . . . . . . . . . . . . CD30:8

Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD30:8Div. 2. Certificate of Registration . . . . . . . . . . . . . . . . CD30:10

31. Reserved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD31:1

32. Solid Waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD32:1Art. I. In General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD32:3Art. II. Residential Solid Waste Disposal . . . . . . . . . . . . . CD32:4Art. III. Dumpsters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD32:5

33. Reserved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD33:1

34. Streets, Sidewalks and Other Public Places. . . . . . . . . . . . . . . CD34:1Art. I. In General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD34:3Art. II. Excavations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD34:3


Art. III. Use of Rights-of-Way . . . . . . . . . . . . . . . . . . . . . . . CD34:4Art. IV. Use of Rights-of-Way by Telecommunications

Providers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD34:14Art. V. Drainage Culverts . . . . . . . . . . . . . . . . . . . . . . . . . . . CD34:30Art. VI. Newspaper Vending Machines . . . . . . . . . . . . . . . CD34:31Art. VII. Intersection Visibility . . . . . . . . . . . . . . . . . . . . . . CD34:32

35. Reserved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD35:1

36. Subdivisions and Divisions of Land . . . . . . . . . . . . . . . . . . . . . . CD36:1Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD36:3Art. II. Subdivision Regulations . . . . . . . . . . . . . . . . . . . . . CD36:3

37. Reserved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD37:1

TABLE OF CONTENTS—Cont’d.

xvSupp. No. 8

Chapter Page

38. Taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD38:1

39. Reserved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD39:1

40. Traffic and Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD40:1Art. I. In General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD40:3Art. II. Truck Traffic . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD40:6Art. III. Stopping, Standing and Parking . . . . . . . . . . . . . CD40:6Art. IV. Use of Golf Carts on Public Streets and Roads CD40:7

41. Reserved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD41:1

42. Utilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD42:1Art. I. In General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD42:3Art. II. Water System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD42:3Art. III. Sewer System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD42:3

43. Comprehensive Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD43:1

44. Zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD44:1Art. I. In General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD44:3Art. II. Administration and Enforcement . . . . . . . . . . . . . CD44:5

Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD44:5Div. 2. Certificates of Occupancy . . . . . . . . . . . . . . . . . CD44:7Div. 3. Board of Adjustment . . . . . . . . . . . . . . . . . . . . . CD44:8

Art. III. District Regulations . . . . . . . . . . . . . . . . . . . . . . . . CD44:11Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD44:11Div. 2. District R Single-Family Residential Dis-

trict . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD44:12Div. 3. District B Business District. . . . . . . . . . . . . . . CD44:18.3

Art. IV. Nonconforming Lots, Uses and Structures . . . . CD44:21Art. V. Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD44:25

Code Comparative Table—2002 Code . . . . . . . . . . . . . . . . . . . . . . . . . CCT:1

Code Comparative Table—Ordinances . . . . . . . . . . . . . . . . . . . . . . . . CCT:3

State Law Reference Table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SLT:1

Code Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CDi:1


xviSupp. No. 8

[1]

Supp. No. 8

Checklist of Up-to-Date Pages

(This checklist will be updated with the

printing of each Supplement)

From our experience in publishing Looseleaf Supplements on a page-for-page

substitution basis, it has become evident that through usage and supplementation

many pages can be inserted and removed in error.

The following listing is included in this Code as a ready guide for the user to

determine whether the Code volume properly reflects the latest printing of each

page.

In the first column all page numbers are listed in sequence. The second column

reflects the latest printing of the pages as they should appear in an up-to-date

volume. The letters "OC" indicate the pages have not been reprinted in the

Supplement Service and appear as published for the original Code. When a page has

been reprinted or printed in the Supplement Service, this column reflects the

identification number or Supplement Number printed on the bottom of the page.

In addition to assisting existing holders of the Code, this list may be used in

compiling an up-to-date copy from the original Code and subsequent Supplements.

Page No. Supp. No.

Title page OC

iii OC

vii, viii OC

ix OC

xi, xii 1

xiii, xiv 7

xv, xvi 8

SH:1 8

CD1:1 OC

CD1:3, CD1:4 1

CD1:5, CD1:6 OC

CD2:1, CD2:2 2

CD2:3, CD2:4 2

CD2:4.1 2

CD2:5, CD2:6 OC

CD2:7, CD2:8 OC

CD3:1 OC

CD4:1 OC

CD4:3 OC

CD5:1 OC

CD6:1 OC

Page No. Supp. No.

CD6:3, CD6:4 4

CD6:5, CD6:6 4

CD6:7, CD6:8 4

CD6:9, CD6:10 4

CD7:1 OC

CD8:1 OC

CD8:3, CD8:4 1

CD8:5, CD8:6 1

CD8:7 OC

CD9:1 OC

CD10:1, CD10:2 7

CD10:3, CD10:4 6

CD10:5, CD10:6 7

CD10:7, CD10:8 7

CD10:9, CD10:10 7

CD10:11, CD10:12 7

CD10:13, CD10:14 7

CD10:15, CD10:16 7

CD10:17, CD10:18 7

CD10:18.1 7

CD10:19, CD10:20 OC


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CD10:21, CD10:22 OC

CD10:23, CD10:24 OC

CD10:25, CD10:26 OC

CD10:27, CD10:28 OC

CD10:29, CD10:30 7

CD10:31 7

CD11:1 OC

CD12:1 OC

CD12:3 OC

CD13:1 OC

CD14:1 OC

CD14:3, CD14:4 OC

CD14:5 OC

CD15:1 OC

CD16:1 OC

CD16:3, CD16:4 OC

CD16:5 OC

CD17:1 OC

CD18:1, CD18:2 7

CD18:3, CD18:4 7

CD18:5, CD18:6 7

CD18:7, CD18:8 7

CD18:9, CD18:10 7

CD18:11, CD18:12 7

CD18:13, CD18:14 7

CD18:14.1, CD18:14.2 7

CD18:14.3 7

CD18:15, CD18:16 OC

CD18:17, CD18:18 3

CD18:19, CD18:20 3

CD18:21 3

CD19:1 OC

CD20:1 OC

CD20:3, CD20:4 7

CD20:5, CD20:6 OC

CD20:7, CD20:8 OC

CD21:1 OC

CD22:1 OC

Page No. Supp. No.

CD23:1 OC

CD24:1 OC

CD24:3, CD24:4 OC

CD24:5 OC

CD25:1 OC

CD26:1 6

CD26:3 6

CD27:1 OC

CD28:1 OC

CD28:3 OC

CD29:1 OC

CD30:1 OC

CD30:3, CD30:4 OC

CD30:5, CD30:6 OC

CD30:7, CD30:8 OC

CD30:9, CD30:10 OC

CD30:11 OC

CD31:1 OC

CD32:1 3

CD32:3, CD32:4 3

CD32:5 3

CD33:1 OC

CD34:1, CD34:2 6

CD34:3, CD34:4 OC

CD34:5, CD34:6 OC

CD34:7, CD34:8 OC

CD34:9, CD34:10 OC

CD34:11, CD34:12 OC

CD34:13, CD34:14 OC

CD34:15, CD34:16 OC

CD34:17, CD34:18 OC

CD34:19, CD34:20 OC

CD34:21, CD34:22 OC

CD34:23, CD34:24 OC

CD34:25, CD34:26 OC

CD34:27, CD34:28 OC

CD34:29, CD34:30 OC

CD34:31, CD34:32 6

CHECKLIST OF UP-TO-DATE PAGES

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Supp. No. 8

Page No. Supp. No.

CD35:1 OC

CD36:1 6

CD36:3, CD36:4 6

CD36:4.1 6

CD36:5, CD36:6 OC

CD36:7, CD36:8 6

CD36:9, CD36:10 6

CD37:1 OC

CD38:1 OC

CD38:3 OC

CD39:1 OC

CD40:1 6

CD40:3, CD40:4 8

CD40:5, CD40:6 8

CD40:6.1 8

CD40:7, CD40:8 6

CD41:1 OC

CD42:1 OC

CD42:3, CD42:4 OC

CD42:5, CD42:6 OC

CD43:1 8

CD43:3, CD43:4 8

CD43:5 8

CD44:1, CD44:2 3

CD44:3, CD44:4 OC

CD44:5, CD44:6 OC

CD44:7, CD44:8 1

CD44:8.1 1

CD44:9, CD44:10 OC

CD44:11, CD44:12 OC

CD44:13, CD44:14 3

CD44:15, CD44:16 6

CD44:16.1, CD44:16.2 8

CD44:17 8

CD44:18.1, CD44:18.2 3

CD44:18.3 3

CD44:19, CD44:20 1

CD44:21, CD44:22 OC

Page No. Supp. No.

CD44:23, CD44:24 OC

CD44:25, CD44:26 OC

CCT:1, CCT:2 OC

CCT:3, CCT:4 OC

CCT:5, CCT:6 4

CCT:7 8

SLT:1, SLT:2 8

SLT:3, SLT:4 3

CDi:1, CDi:2 7

CDi:3, CDi:4 8

CDi:4.1 8

CDi:5, CDi:6 7

CDi:7, CDi:8 7

CDi:9, CDi:10 7

CDi:11, CDi:12 8

CDi:13, CDi:14 7

CDi:15 7

SUPPLEMENT HISTORY TABLE

The table below allows users of this Code to quickly and accurately

determine what ordinances have been considered for codification in each

supplement. Ordinances that are of a general and permanent nature are

codified in the Code and are considered "Included." Ordinances that are not of

a general and permanent nature are not codified in the Code and are

considered "Omitted."

In addition, by adding to this table with each supplement, users of this Code

of Ordinances will be able to gain a more complete picture of the Code's

historical evolution.

Ord. No.

Date

Adopted Include/Omit

Supp. No. 6

762 12- 7-2010 Include

764 1-25-2011 Include

765 1-25-2011 Include

766 1-25-2011 Include

767 1-25-2011 Include

768 2-22-2011 Include

Supp. No. 7

779 11- 8-2011 Include

783 1-24-2012 Include

786 3-27-2012 Include

787 3-27-2012 Include

788 3-27-2012 Include

789 3-27-2012 Include

790 3-27-2012 Include

791 3-27-2012 Include

792 3-27-2012 Include

793 3-27-2012 Include

794 3-27-2012 Include

Supp. No. 8

796 5-22-2012 Include

797 5-22-2012 Include

798 5-22-2012 Include

SH:1Supp. No. 8

CODE OF ORDINANCES

Chapter 1

GENERAL PROVISIONS

Sec. 1-1. Designation and citation of Code.Sec. 1-2. Definitions and rules of construction.Sec. 1-3. Article and section catchline; history notes and state law refer-

ences.Sec. 1-4. Severability of parts of Code.Sec. 1-5. Repeal of ordinances.Sec. 1-6. Amendments or additions to Code.Sec. 1-7. Supplementation of Code.Sec. 1-8. General penalty for violations of Code; continuing violations.Sec. 1-9. Certain ordinances not affected by Code.

CD1:1

Sec. 1-1. Designation and citation of Code.

The ordinances embraced in this and the fol-lowing chapters, articles and sections shall con-stitute and be designated the "Code of Ordi-nances, City of Hunters Creek Village, Texas,"and may be so cited.(Code 2002, § 1.102)

State law reference—Authority of municipality to codifyordinances, V.T.C.A., Local Government Code, ch. 53.

Sec. 1-2. Definitions and rules of construc-

tion.

In the construction of this Code, and of allordinances and resolutions passed by the citycouncil, the following definitions and rules ofconstruction shall be observed, unless such defi-nitions and rules of construction would be incon-sistent with the manifest intent of the city coun-cil:

Generally. Words shall be construed in theircommon and usual significance unless the con-trary is clearly indicated.

Chief of police and police chief. The terms "chiefof police" and "police chief" mean the police chiefof the Memorial Villages Police Department.

City. The term "city" means the City of HuntersCreek Village, Texas.

City administrator, city secretary, or other city

officers or departments. The term "city adminis-trator," "city secretary," "or other city officers ordepartments" shall be construed to mean the cityadministrator, city secretary, or such other mu-nicipal officers or departments, respectively, ofthe City of Hunters Creek Village, Texas, or theirauthorized designated representatives.

Code. The term "Code" means the Code ofOrdinances, City of Hunters Creek Village, Texas,as designated in section 1-1.

Council. Whenever the term "council" or "thiscouncil" or "the council" is used, they refer to thecity council of the City of Hunters Creek Village,Texas. The city council of the City of HuntersCreek Village, Texas, consists of the mayor andfive councilmembers.

County. The term "county" or "this county"shall mean the County of Harris, Texas.

Fire chief. The term "fire chief" means the FireChief of the Memorial Villages Fire Department.

Fire marshal. The term "fire marshal" meansthe Fire Marshal of the Memorial Villages FireDepartment.

Gender. Words importing the masculine gendershall include the feminine and neuter.

May. The term "may" is permissive.

Month. The term "month" means a calendarmonth.

Must and shall. The terms "must" and "shall"are each mandatory.

Number. Any term importing the singular num-ber shall include the plural and any term import-ing the plural number shall include the singular.

Oath. The term "oath" shall be construed toinclude an affirmation in all cases in which, bylaw, an affirmation may be substituted for anoath, and in such cases the words "swear" and"sworn" shall be equivalent to the terms "affirm"and "affirmed."

Official time standard. Whenever certain hoursare named herein they shall mean standard timeor daylight saving time as may be in current usein the city.

Owner. The term "owner," applied to a buildingor land, shall include any part owner, joint owner,tenant in common, tenant in partnership, jointtenant or tenant by the entirety, or the whole or ofa part of such building or land.

Person. The term "person" shall extend and beapplied to associations, corporations, firms, part-nerships and bodies politic and corporate as wellas to individuals.

Property. The term "property' means and in-cludes real and personal property.

Public health officer. The term "public healthofficer" means the public health officer with juris-diction in the city.

Real property. The term "real property" meansand includes lands, tenements and heredita-ments.

Shall. The term "shall" is mandatory.

§ 1-2GENERAL PROVISIONS

CD1:3Supp. No. 1

Sidewalk. The term "sidewalk" means thatportion of a street between the curbline and theadjacent property line intended for the use ofpedestrians.

Signature or subscription. The term "signa-ture" or "subscription" shall include a mark whena person cannot write.

State. The term "the state" or "this state" shallbe construed to mean the State of Texas.

Street. The term "street" shall have its com-monly accepted meaning and shall include high-ways, sidewalks, alleys, avenues, recessed park-ing areas and other public rights-of-way includingthe entire right-of-way.

Tense. Words used in the past or present tenseinclude the future as well as the past and present.

V.T.C.S., V.T.P.C., V.T.C.C.P., and V.T.C.A. Theabbreviations V.T.C.S., V.T.P.C., V.T.C.C.P., andV.T.C.A. refer to the divisions of Vernon's TexasStatutes Annotated, as amended or revised.

Written or in writing. The term "written" or "inwriting" shall be construed to include any repre-sentation of words, letters, or figures, whether byprinting or otherwise.

Year. The term "year" shall mean a calendaryear.(Code 2002, § 1.104)

Sec. 1-3. Article and section catchline; his-

tory notes and state law refer-

ences.

(a) The catchlines of the several articles andsections of this Code are intended as mere catch-words to indicate the contents of the articles andsections and shall not be deemed or taken to betitles of such articles and sections, nor as any partof the articles and sections, nor unless expresslyso provided, shall they be so deemed when any ofsuch articles and sections, including the catchlines,are amended or reenacted.

(b) The history or source notes appearing inparentheses after sections in this Code have nolegal effect and only indicate legislative history.State law references that appear in this Codeafter sections or subsections, or that otherwise

appear in footnote form, are provided for theconvenience of the user of the Code and have nolegal effect.(Code 2002, § 1.103)

Sec. 1-4. Severability of parts of Code.

It is hereby declared to be the intention of thecity council that the sections, paragraphs, sen-tences, clauses and phrases of this Code areseverable and, if any phrase, clause, sentence,paragraph or section of this Code shall be de-clared unconstitutional by the valid judgment ordecree of any court of competent jurisdiction, suchunconstitutionality shall not affect any of theremaining phrases, clauses, sentences, para-graphs and sections of this Code, since the samewould have been enacted by the city councilwithout the incorporation in the Code of any suchunconstitutional phrase, clause, sentence, para-graph or section.(Code 2002, § 1.105)

Sec. 1-5. Repeal of ordinances.

The repeal of an ordinance or any portionthereof shall not repeal the repealing clause of anordinance or revive any ordinance which has beenpreviously repealed.(Code 2002, § 1.106)

Sec. 1-6. Amendments or additions to Code.

All ordinances of a general and permanentnature, and amendments to such ordinances, here-inafter enacted or presented to the city council forenactment, shall be drafted, so far as possible, asspecific amendments of, or additions to, the Codeof Ordinances. Amendments to this Code shall bemade by reference to the chapter and section ofthe Code which is to be amended, and additionsshall bear an appropriate designation of chapter,article and section; provided, however, the failureso to do shall in no way affect the validity orenforceability of such ordinances.(Code 2002, § 1.107)

Sec. 1-7. Supplementation of Code.

(a) By contract or by city personnel, supple-ments to this Code shall be prepared and printedwhenever authorized or directed by the city coun-

§ 1-2 HUNTERS CREEK VILLAGE CODE

CD1:4Supp. No. 1

cil. A supplement to the Code shall include allsubstantive permanent and general parts of ordi-nances passed by the city council during theperiod covered by the supplement and all changesmade thereby in the Code. The pages of a supple-ment shall be so numbered that they will fitproperly into the Code and will, where necessary,replace pages which have become obsolete orpartially obsolete, and the new pages shall be soprepared that, when they have been inserted, theCode will be current through the date of theadoption of the latest ordinance included in thesupplement.

(b) In preparing a supplement to this Code, allportions of the Code which have been repealedshall be excluded from the Code by omissionthereof from reprinted pages.

(c) When preparing a supplement to this Code,the codifier (meaning the person, agency or orga-nization authorized to prepare the supplement)may make formal, nonsubstantive changes inordinances and parts of ordinances included inthe supplement, insofar as it is necessary to do soto embody them into a unified Code. For example,the codifier may:

(1) Organize the ordinance material into ap-propriate subdivisions;

(2) Provide appropriate catchlines, headingsand titles for articles, sections and othersubdivisions of the Code printed in thesupplement and make changes in suchcatchlines, headings and titles;

(3) Assign appropriate numbers to articles,sections and other subdivisions to be in-serted in the Code and, where necessaryto accommodate new material, change ex-isting article or section or other subdivi-sion numbers;

(4) Change the words "this ordinance" or wordsof the same meaning to "this chapter,""this article," "this section," "this subsec-tion," etc., as the case may be; and

(5) Make other nonsubstantive changes nec-essary to preserve the original meaning ofordinance articles or sections inserted intothe Code; but in no case shall the codifiermake any change in the meaning or effect

of ordinance material included in the sup-plement or already embodied in the Code.

(Code 2002, § 1.108)

Sec. 1-8. General penalty for violations of

Code; continuing violations.

(a) Whenever in this Code or any other ordi-nance of the city, an act is prohibited or is made ordeclared to be unlawful or an offense or a misde-meanor, or wherever in such Code or ordinancethe doing of an act is required or the failure to doany act is declared to be unlawful, and no specificpenalty is provided therefor, the violation of anysuch provision of this Code or any such ordinanceshall be punished by a fine not exceeding $500.00,except for:

(1) Violations of municipal ordinances thatgovern fire, safety, zoning, public healthand sanitation, including dumping ofrefuse, vegetation and litter violations inwhich the maximum fine shall be $2,000.00for each offense; and

(2) Violations of traffic laws which are pun-ishable as a class C misdemeanor shall bepunished by a fine not to exceed $200.00.

However, no penalty shall be greater or less thanthe penalty provided for the same or similaroffense under the laws of the state.

(b) Each day any violation of this Code or ofany ordinance shall continue shall constitute aseparate offense. Any violation of any provision ofthis Code of Ordinances which constitutes animmediate danger to the health, safety, and wel-fare of the public may be enjoined in a suitbrought by the city for such purposes.

(c) Unless otherwise specifically stated withinthe provisions of this Code, any violation of thisCode or of any ordinance set forth herein that ispunishable by a fine that does not exceed $500.00does not require a culpable mental state, and aculpable mental state is hereby not required toprove any such offense.

(d) Unless otherwise specifically stated withinthe provisions of this Code, any violation of thisCode or of any ordinance set forth herein that ispunishable by a fine that exceeds $500.00 shall

§ 1-8GENERAL PROVISIONS

CD1:5

require a culpable mental state of intentionally,knowingly, recklessly or with criminal negligence.(Code 2002, § 1.109; Ord. No. 653, § 2, 11-15-2005)

State law references—Limitation on penalties, V.T.C.A.,Local Government Code § 54.001; punishments, V.T.C.A.,Penal Code ch. 12.

Sec. 1-9. Certain ordinances not affected by

Code.

Nothing in this Code or the ordinance adoptingthis Code shall be construed to repeal or other-wise affect the validity of any of the following:

(1) Any offense or act committed or done orany penalty or forfeiture incurred or anycontract or right established or accruingbefore the effective date of such Code;

(2) Any ordinance promising or guaranteeingthe payment of money for the city, orauthorizing the issuance of any bonds ofthe city or any evidence of the city's in-debtedness;

(3) Any contract or obligation assumed by thecity;

(4) Any right or franchise granted by the city;

(5) Any ordinance dedicating, naming, estab-lishing, locating, relocating, opening, pav-ing, widening, vacating, etc., any street orpublic way in the city;

(6) Any ordinance relating to municipal streetmaintenance agreements with the state;

(7) Any ordinance establishing or prescribinggrades for streets in the city;

(8) Any appropriation ordinance or ordinanceconsistent with this Code providing forthe levy of taxes or for an annual budget;

(9) Any ordinance relating to local improve-ments and assessments therefor;

(10) Any ordinance annexing territory to thecity or discontinuing territory as a part ofthe city;

(11) Any ordinance dedicating or acceptingany plat or subdivision in the city;

(12) Ordinances or resolutions prescribing traf-fic regulations for specific streets, such asordinances or resolutions designating one-

way streets, no-parking areas, truck routes,stop intersections, intersections where traf-fic is to be controlled by signals, etc.;

(13) Any ordinance establishing or imposingany rates, charges or fees for utility ser-vices or connections;

(14) Ordinances relating to personnel or theamounts of retirement annuities and ser-vice credits;

(15) Any ordinance zoning or rezoning specificproperty;

(16) Any special ordinance or temporary ordi-nance;

(17) Any administrative ordinance;

and all such ordinances are hereby recognized ascontinuing in full force and effect to the sameextent as if set out at length herein.


CD1:6

Chapter 2

ADMINISTRATION*

Article I. In General

Sec. 2-1. Title 28 adopted.Secs. 2-2—2-20.Reserved.

Article II. City Council

Sec. 2-21. Place system.Sec. 2-22. Meetings.Secs. 2-23—2-49. Reserved.

Article III. Officers and Employees

Sec. 2-50. City council's authority over employees.Sec. 2-51. Management of city staff and consultants.Secs. 2-52—2-93. Reserved.

Article IV. Boards and Commissions

Division 1. Generally

Sec. 2-94. Removal of appointed members for meeting absences.Secs. 2-95—2-116. Reserved.

Division 2. Planning and Zoning Commission

Sec. 2-117. Created; composition.Sec. 2-118. Officers.Sec. 2-119. Powers and duties.Secs. 2-120—2-136. Reserved.

Article V. Finance


Sec. 2-137. Copying costs.Secs. 2-138—2-159. Reserved.

Division 2. Notice of Claims

Sec. 2-160. Required.Sec. 2-161. Location for filing.Sec. 2-162. No authority to waive provisions.Sec. 2-163. Notice to be sworn.Secs. 2-164—2-194. Reserved.

Article VI. Records Management

Sec. 2-195. Article cited; policy and purpose.

*State law references—Type A general law municipality, V.T.C.A., Local Government Code §§ 5.001, 6.001 et seq.; provisionsand powers of type A general law municipalities, V.T.C.A., Local Government Code §§ 51.011—51.018; type A municipality mayadopt necessary ordinances not inconsistent with state law, V.T.C.A., Local Government Code § 51.011.

CD2:1Supp. No. 2

Sec. 2-196. Definitions.Sec. 2-197. City records declared public property.Sec. 2-198. Program established; administrative responsibility.Sec. 2-199. Duties of city secretary.Sec. 2-200. Responsibilities—City department heads.Sec. 2-201. Same—Records coordinators.Sec. 2-202. Records retention and disposition schedules adopted.Sec. 2-203. Development of records retention and disposition schedules.Sec. 2-204. Destruction of original city records.Sec. 2-205. One time destruction of obsolete records.Sec. 2-206. Records center.Sec. 2-207. Permanent preservation of historical records.Sec. 2-208. Transfer, destruction of noncurrent records.


CD2:2Supp. No. 2

ARTICLE I. IN GENERAL

Sec. 2-1. Title 28 adopted.

(a) The city is incorporated as a Type A Gen-eral Law Municipality.

(b) The city shall hereafter be known as theCity of Hunters Creek Village, Texas.(Code 2002, § 1.200; Ord. No. 1, §§ 1—3, 2-9-1955)

Editor’s note—This section was kept for historical pur-poses to show the initial incorporation of the city.

Secs. 2-2—2-20. Reserved.

ARTICLE II. CITY COUNCIL

Sec. 2-21. Place system.

(a) The five offices of councilmember withinand for the city, for which officers an election willbe held on April 7, 1959, are hereby designated asfollows: councilmember position no. 1,councilmember position no. 2, councilmember po-sition no. 3, councilmember position no. 4 andcouncilmember position no. 5.

(b) The initial terms of office of councilmemberposition no. 1, councilmember position no. 2 andcouncilmember position no. 3 shall each be for oneyear; thereafter, at the elections to be held onalternate years thereafter, such terms of officeshall be for two years.

(c) The term of office of councilmember posi-tion no. 4 and councilmember position no. 5 shallbe in each instance for a term of two years, to bestaggered with the terms of councilmember posi-tion no. 1, councilmember position no. 2 andcouncilmember position no. 3.

(d) Each candidate for any of the offices ofcouncilmember shall designate in the announce-ment of his candidacy and in the request to havehis name placed on the official ballot, the numberof the position for which he is a candidate, such ascouncilmember position no. 1; and the names ofall candidates for the office of councilmembershall be printed beneath the title of the office and

the number of the position so designated on theofficial ballot. No person shall be a candidate formore than one of such positions.(Code 2002, § 1.500; Ord. No. 86, 2-9-1959)

State law reference—Aldermanic form of government,V.T.C.A., Local Government Code ch. 22.

Sec. 2-22. Meetings.

(a) Regular. Article 1.300 of the Code of Ordi-nances of the city is deleted in its entirety byOrdinance No. 692 dated 7-17-2007.

(b) Special. Special meetings of the city councilmay be called in the manner provided by V.T.C.A.,Local Government Code § 22.038.(Code 2002, § 1.301, 1.302; Ord. No. 292, §§ 1, 2,12-15-1976; Ord. No. 692, § 1, 7-17-2007)

State law references—Meetings of governing body,V.T.C.A., Local Government Code § 22.038; quorum require-ments, V.T.C.A., Local Government Code § 22.039.


ARTICLE III. OFFICERS AND

EMPLOYEES*

Sec. 2-50. City council's authority over em-

ployees.

The city council reserves to itself the sole rightto hire or discharge any employee of the city, as itdetermines to be in the best interests of the city.(Ord. No. 721, § 1, 6-17-2008)

Sec. 2-51. Management of city staff and con-

sultants.

(a) Employees. All employees of the city shallreport first to the city secretary and then to themayor and city council, except as provided below.

(b) Other officials and consultants. The follow-ing officials and consultants shall report directlyto the mayor and city council:

(1) City secretary;

(2) City engineer;

(3) City attorney;

*State law reference—Matters affecting public officersand employees, V.T.C.A., Local Government Code ch. 141 etseq.

§ 2-51ADMINISTRATION

CD2:3Supp. No. 2

(4) City prosecutor; and

(5) Judges of the municipal court.(Ord. No. 721, § 1, 6-17-2008)


ARTICLE IV. BOARDS AND

COMMISSIONS

DIVISION 1. GENERALLY

Sec. 2-94. Removal of appointed members

for meeting absences.

The city council may remove a member of anyboard or commission whose members are ap-pointed by the city council if the member is absentfrom three consecutive regular meetings or fivenonconsecutive regular meetings per two-yearterm.(Code 2002, § 14.104; Ord. No. 647, 9-20-2005)


DIVISION 2. PLANNING AND ZONINGCOMMISSION*

Sec. 2-117. Created; composition.

There is hereby created and established for thecity a planning and zoning commission, whichshall be composed of five members. The membersshall be resident citizens, taxpayers and qualifiedvoters of the city, all of whom shall be appointedby the city council to serve for terms of two years,which terms shall run concurrently with that ofthe mayor. All vacancies shall be filled for theunexpired term in the same manner as providedfor the original appointments. All expired termsshall be filled for terms as provided for the origi-nal appointments and in the same manner. Inaddition to the five regular members, there shallbe two alternate members, having the same qual-ifications as regular members, and appointed inthe same manner for the same terms as regular

members. Alternate members shall serve in theabsence of one or more regular members whenrequested to do so by the mayor. Members of thecommission, whether regular or alternate, may beremoved by the mayor with the consent of the citycouncil after public hearing and for cause as-signed in writing. All members of the commissionshall serve without compensation.(Code 2002, § 14.101; Ord. No. 644, § 1, 9-16-2005)

Sec. 2-118. Officers.

The planning and zoning commission shallelect a chairman and vice-chairman from its mem-bership, and shall have power to employ suchqualified persons as may be necessary for theproper conduct and undertakings of the commis-sion and to pay for their services and such othernecessary expenses; provided that the cost of suchservices and expenses shall not exceed the amountappropriated by the city council for the use of thecommission. The chairman shall serve in thatcapacity for a term of two years. It shall also havethe power to make rules, regulations and bylawsfor its own government which shall conform asnearly as possible with those governing the citycouncil and same shall be subject to approval bysuch council. Such bylaws shall include, amongother items, provisions for:

(1) Regular and special meetings, open to thepublic;

(2) Records of its proceedings, to be open forinspection by the public;

(3) Reporting to the city council and the pub-lic from time to time and annually; and

(4) For the holding of public hearings on itsrecommendations.

(Code 2002, § 14.102; Ord. No. 403, § 2, 2-18-1986)

Sec. 2-119. Powers and duties.

The planning and zoning commission shallhave the power and it shall be its duty to makeand recommend for adoption a master plan, as awhole or in parts, for the future development andredevelopment of the municipality and its envi-rons; and shall have power and it shall be its dutyto prepare a comprehensive plan and ordinancefor zoning the city in accordance with V.T.C.A.,

*State law reference—Authority of municipality to es-tablish planning and zoning commission, V.T.C.A., Local Gov-ernment Code § 211.007.


CD2:4Supp. No. 2

Local Government Code ch. 211 et seq. The com-mission shall perform such other duties as may beprescribed by ordinance or state law.(Code 2002, § 14.103; Ord. No. 3, § 3, 2-9-1955)


ARTICLE V. FINANCE*


Sec. 2-137. Copying costs.

Charges for the copying of public records shallbe made in accordance with the most currentregulations of the state general services commis-sion.(Code 2002, § 1.1100)


*State law references—V.T.C.A., Finance Code ch. 1 etseq.; finances, V.T.C.A., Local Government Code ch. 101 et seq.


CD2:4.1Supp. No. 2

DIVISION 2. NOTICE OF CLAIMS*

Sec. 2-160. Required.

(a) The city shall never be liable for any claimfor property damage or for personal injury, whethersuch personal injury results in death or not,unless the person damaged or injured, or someonein his behalf, or in the event the injury results indeath, the person who may have a cause of actionunder the law by reason of such death or injury,shall, within 90 days from the date the damage orinjury was received, give notice in writing to themayor and city council of the following facts:

(1) The date and time when the injury ordamage occurred and the specific placewhere the injured person or property wasat the time when the injury was received.

(2) The nature of the damage or injury sus-tained.

(3) The apparent extent of the damage orinjury sustained.

(4) A specific and detailed statement of howand under what circumstances the dam-age or injury occurred.

(5) The amount for which each claimant willsettle.

(6) The actual place of residence of each claim-ant by street, number, city and state onthe date the claim is presented.

(7) In the case of personal injury or death, thenames and addresses of all persons who,according to the knowledge or informa-tion of the claimant, witnessed the hap-pening of the injury or any part thereofand the names of the doctors, if any, towhose care the injured person is commit-ted.

(8) In the case of property damage, the loca-tion of the damaged property at the timethe claim was submitted along with thenames and addresses of all persons whowitnessed the happening of the damage orany part thereof.

(b) No suit of any nature whatsoever shall beinstituted or maintained against the city, unlessthe plaintiff therein shall aver and prove thatprevious to the filing of the original petition, theplaintiff applied to the city council for redress,satisfaction, compensation or relief as the casemay be, and that the same was by vote of the citycouncil refused.(Code 2002, § 1.801; Ord. No. 381, §§ 1, 2, 7-19-1983)

Sec. 2-161. Location for filing.

All notices required by this division shall beeffectuated by serving them upon the city secre-tary at the following location: #1 Hunters CreekPlace, Houston, Texas 77024, and all such noticesshall be effective only when actually received bythe city secretary.(Code 2002, § 1.802; Ord. No. 381, § 3, 7-19-1983)

Sec. 2-162. No authority to waive provisions.

Neither the mayor, nor a city councilmember,nor any other officer or employee of the city shallhave the authority to waive any of the provisionsof this division.(Code 2002, § 1.803; Ord. No. 381, § 4, 7-19-1983)

Sec. 2-163. Notice to be sworn.

The written notice required under this divisionshall be sworn to by the person claiming thedamage or injuries or by someone authorized byhim/her to do so on his behalf. Failure to swear tothe notice, as required herein, shall not renderthe notice fatally defective; but failure to so verifythe notice may be considered by the city council asa factor relating to the truth of the allegationsand to the weight to be given to the allegationscontained therein.(Code 2002, § 1.804; Ord. No. 381, § 5, 7-19-1983)


ARTICLE VI. RECORDS MANAGEMENT†

Sec. 2-195. Article cited; policy and pur-

pose.

This article shall be known and be cited as the"Records and Information Management Article

*State law reference—Texas Tort Claims Act, V.T.C.A.,Civil Practice and Remedies Code ch. 101.

†State law reference—Local Government Records Act,V.T.C.A., Local Government Code ch. 201.


CD2:5

for the City of Hunters Creek Village, Texas." It ishereby declared to be the policy of the city todevelop a records and information managementprogram that provides for efficient, economicaland effective control over the creation, distribu-tion, organization, maintenance, use and disposi-tion of all city records through comprehensiveintegrated procedures for the management ofrecords from creation to ultimate disposition.(Code 2002, § 1.1001; Ord. No. 460, § 1, 10-12-1990)

Sec. 2-196. Definitions.

The following words, terms and phrases, whenused in this article, shall have the meaningsascribed to them in this section, except where thecontext clearly indicates a different meaning:

City record shall have the same meaning as a"local government record" as set forth in V.T.C.A.,Local Government Code § 201.003(8).

Director and librarian mean the executive andadministrative officers of the state library andarchives commission.

Records coordinator refers to that person sodesignated by his department head in accordancewith section 2-200.

Records custodian refers to that person chargedwith the responsibility for a designated portion ofthe city's records.

Records management officer refers to the citysecretary.(Code 2002, § 1.1002; Ord. No. 460, § 2, 10-12-1990)

Sec. 2-197. City records declared public

property.

All city records, as defined in section 2-196, arehereby declared to be property of the city. No cityofficer or employee shall have, by virtue of hisoffice or employment, any personal or propertyright to any such records even though he mayhave developed or compiled them. No person shalldestroy, remove or use any city record except asauthorized by law, this article or the policies andprocedures of the city. Provided however, no policyor procedures regarding use, removal or destruc-

tion of city records shall be adopted which conflictwith this article or applicable state or federal law.Provided further, nothing contained herein shallbe construed to authorize the disclosure of cityrecords which are exempt from disclosure understate or federal law.(Code 2002, § 1.1003; Ord. No. 460, § 3, 10-12-1990)

Sec. 2-198. Program established; administra-

tive responsibility.

There is hereby established a records and in-formation management program. The city secre-tary shall administer the records and informationmanagement program and shall be responsiblefor citywide files management. In addition, thecity secretary shall have direction and control ofthe city's records disposition program.(Code 2002, § 1.1004; Ord. No. 460, § 4, 10-12-1990)

Sec. 2-199. Duties of city secretary.

The city secretary shall:

(1) Assist in establishing and developing pol-icies and procedures for a records man-agement program for the city;

(2) Administer the records management pro-gram and provide assistance to custodi-ans for the purposes of reducing the costsand improving the efficiency of recordkeep-ing;

(3) In cooperation with the custodians of therecords:

a. Prepare and file with the directorand librarian, the records controlschedules and amended schedulesrequired by V.T.C.A., Local Govern-ment Code § 203.041, and the list ofobsolete records as provided byV.T.C.A., Local Government Code§ 203.044; and

b. Prepare or direct the preparation ofrequests for authorization to destroyrecords not on an approved controlschedule as provided by V.T.C.A.,Local Government Code § 203.045,or requests to destroy the originals


CD2:6

of permanent records that have beenmicrofilmed as provided by V.T.C.A.,Local Government Code § 204.008,and of electronic storage authoriza-tion requests as provided by V.T.C.A.,Local Government Code § 205.007;

(4) In cooperation with custodians, identifyand take adequate steps to protect essen-tial city records;

(5) In cooperation with custodians, ensurethat the maintenance, preservation, mi-crofilming, destruction, or other disposi-tion of city records is carried out in accor-dance with the policies and procedures ofthe city's records management program,this article, and rules adopted pursuanthereto;

(6) Disseminate to the city council and custo-dians information concerning state laws,administrative rules and the policies ofthe government relating to local govern-ment records; and

(7) In cooperation with custodians, establishprocedures to ensure that the handling ofcity records by the records managementofficer or those under the officer's author-ity is carried out in compliance with therecords management program and withdue regard for:

a. The duties and responsibilities ofcustodians that may be imposed bylaw; and

b. The confidentiality of information inrecords to which access is restrictedby law.

(Code 2002, § 1.1005; Ord. No. 460, § 5, 10-12-1990)

Sec. 2-200. Responsibilities—City depart-

ment heads.

All city department heads are responsible forthe implementation and operation of effectivefiles operations, records transfers and disposi-tions and other activities in accordance with theprovisions of this article within their areas ofresponsibility. They shall designate records coor-dinators within their offices and provide the city

secretary the names of such designees and of allfile stations and file custodians under their super-vision. Persons designated as records coordina-tors shall report directly to the head of theirdepartment on matters relating to the recordsmanagement program and should have appropri-ate access to all files in their department.(Code 2002, § 1.1006; Ord. No. 460, § 6, 10-12-1990)

Sec. 2-201. Same—Records coordinators.

Each records coordinator shall coordinate therecords management program between the citysecretary and personnel in the records coordinator'soffice to ensure that the provisions of this articleare followed. This responsibility shall includeoverseeing the application of records scheduleswithin the office or department.(Code 2002, § 1.1007; Ord. No. 460, § 7, 10-12-1990)

Sec. 2-202. Records retention and disposi-

tion schedules adopted.

All city offices and departments shall adoptrecords retention and disposition schedules anddestroy, transfer or otherwise dispose of recordsonly according to such schedules.(Code 2002, § 1.1008; Ord. No. 460, § 8, 10-12-1990)

Sec. 2-203. Development of records reten-

tion and disposition schedules.

(a) Retention periods to be included in recordsschedules shall be established by the city secre-tary and department heads, subject to the reviewof the city attorney and the approval of the citycouncil. The following retention schedules promul-gated by the state library and archives commis-sion are hereby in all things approved and adopted:

(1) Local Schedule GR, Retention Schedulefor Records Common to all Local Govern-ments (effective November 1, 1995);

(2) Local Schedule PW, Retention Schedulefor Records of Public Works and Services(effective November 1, 1995);


CD2:7

(3) Local Schedule EL, Retention Schedulefor Elections and Voter Registration (ef-fective February 1, 1992);

(4) Local Schedule LC, Retention Schedulefor Records of Justice and Municipal Courts(effective February 1, 1992);

(5) Local Schedule TX, Retention Schedulefor Records of Property Taxation (effectiveFebruary 15, 1993).

(b) When a records retention and dispositionschedule is adopted, it shall thenceforth consti-tute full authority to destroy, transfer, or takeother actions, and the city council hereby directsthat such actions be taken by the city secretary orunder his supervision. The city secretary shallnotify the state librarian of the intended destruc-tion, as may be required by law, but no furthernotice to the city council or other city office shallbe required.(Code 2002, § 1.1009; Ord. No. 460, § 9, 10-12-1990; Ord. No. 673, § 1, 1-16-2007)

Sec. 2-204. Destruction of original city

records.

No original city record shall be destroyed ifsuch destruction is contrary to any state or fed-eral law. Prior to the destruction of any originalcity record, the city secretary shall obtain theadvice and consent of the city attorney. Any orig-inal city record that is the subject matter oflitigations may not be destroyed until such litiga-tion is final.(Code 2002, § 1.1010; Ord. No. 460, § 10, 10-12-1990)

Sec. 2-205. One time destruction of obsolete

records.

Prior to adoption of records schedules for anoffice, one time destruction of accumulated obso-lete records of that office may be made by orunder the supervision of the city secretary. Priorto such destruction, the city secretary shall sub-mit lists of records to be destroyed to the depart-ment head and the city attorney, who shall givenotice, within 30 days, of any records they believeshould not be destroyed, and such records shall beretained for a period agreed upon. The city secre-tary shall also submit notice as required by law to

the state librarian. Obsolete records shall includethose no longer created by the office or depart-ment and no longer needed for administrative,legal, fiscal, or other research purposes.(Code 2002, § 1.1011; Ord. No. 460, § 11, 10-12-1990)

Sec. 2-206. Records center.

A records center shall be maintained by the citywhich shall utilize one or more locations to storeinactive records, to ensure the security of suchrecords from deterioration, theft or damage dur-ing the period of storage, and to permit fast,efficient retrieval of information from storedrecords.(Code 2002, § 1.1012; Ord. No. 460, § 12, 10-12-1990)

Sec. 2-207. Permanent preservation of his-

torical records.

The city secretary shall develop procedures toensure the permanent preservation of historicallyvaluable records of the city. If city-owned facilitiesare not available, the city secretary shall arrangefor the transfer of such records to the state libraryfor perpetual care and preservation in one of itsnearby regional historical resource depositories,or shall make other arrangements for their per-manent preservation not contrary to law or regu-lation.(Code 2002, § 1.1013; Ord. No. 460, § 13, 10-12-1990)

Sec. 2-208. Transfer, destruction of noncur-

rent records.

Records no longer required in the conduct ofcurrent business by any office of the city shall bepromptly transferred to the records center orarchives or the state library, or be destroyed atthe time such action is designated on an approvedrecords schedule. Such records shall not be main-tained in current office files or equipment.(Code 2002, § 1.1014; Ord. No. 460, § 14, 10-12-1990)


CD2:8

Chapter 3

RESERVED

CD3:1

Chapter 4

ALCOHOLIC BEVERAGES*

Sec. 4-1. Mixed beverage permit fee.

*State law reference—V.T.C.A., Alcoholic Beverage Code ch. 1 et seq.

CD4:1

Sec. 4-1. Mixed beverage permit fee.

(a) There is hereby levied, and the city shallcollect from every person issued a mixed beveragepermit wherein the licensed premises are locatedwithin the city, a mixed beverage permit fee equalto one-half of the fee levied by the state.

(b) This fee levied by the city shall commenceand be effective immediately following the thirdyear of the existence of a mixed beverage permitissued by the state.(Code 2002, § 4.500; Ord. No. 267, 11-20-1974)

State law reference—Authority for this section, V.T.C.A.,Alcoholic Beverage Code § 11.38.

§ 4-1ALCOHOLIC BEVERAGES

CD4:3

Chapter 5

RESERVED

CD5:1

Chapter 6

AMUSEMENTS AND ENTERTAINMENTS*


Secs. 6-1—6-18.Reserved.

Article II. Sexually Oriented Businesses


Sec. 6-19. Definitions.Sec. 6-20. Applicability of provisions to existing businesses.Sec. 6-21. Exterior portions of establishment.Sec. 6-22. Signs.Sec. 6-23. Persons younger than 17 years of age—Prohibited from entry.Sec. 6-24. Same—Prohibited from employment.Sec. 6-25. Notices.Sec. 6-26. Enforcement of article; authority to enter premises.Sec. 6-27. Authority to file suit.Secs. 6-28—6-57. Reserved.

Division 2. Permits

Sec. 6-58. Required.Sec. 6-59. Application.Sec. 6-60. Fee.Sec. 6-61. Issuance or denial.Sec. 6-62. Revocation.Sec. 6-63. Other provisions.Sec. 6-64. Lawfully permitted business not rendered unlawful.

*State law reference—Sports, amusements and entertainment, V.T.C.A., Occupations Code ch. 2001 et seq.

CD6:1



ARTICLE II. SEXUALLY ORIENTED

BUSINESSES*




Achromatic means colorless. The color grayshall be considered achromatic, but the colorswhite and black shall be excluded from the defi-nition of the term "achromatic."

Adult bookstore means an establishment whosemajor business is the offering to customers ofbooks, magazines, films or videotapes (whetherfor viewing off the premises or on the premises byuse of motion picture machines or other image-producing devices), periodicals or other printed orpictorial materials which are intended to providesexual stimulation or sexual gratification to suchcustomers, and which are distinguished by orcharacterized by an emphasis on matter depict-ing, describing or relating to specified sexualactivities or specified anatomical areas.

Adult cabaret means an establishment whosemajor business is the offering to customers of liveentertainment which is intended to provide sex-ual stimulation or sexual gratification to suchcustomers, and which is distinguished by or char-acterized by an emphasis on matter depicting,describing or relating to specified sexual activitiesor specified anatomical areas.

Adult encounter parlor means an establish-ment whose major business is the provision ofpremises where customers either congregate, as-sociate or consort with employees who engage inspecified sexual activities with or in the presence

of such customers, or who display specified ana-tomical areas in the presence of such customerswith the intent of providing sexual stimulation orsexual gratification to such customers.

Adult modeling studio means an establishmentwhose business is to provide to customers, figuremodels whose intent is providing sexual stimula-tion or sexual gratification to such customers andwho engage in specified sexual activities or dis-play specified anatomical areas while being ob-served, painted, painted upon, sketched, drawn,sculptured, photographed or otherwise depictedby such customers.

Adult movie theater means an establishmentcontaining a room with tiers or rows of seatsfacing a screen or projection area, whose businessis the exhibition, for customers, of motion pictureswhich are intended to provide sexual stimulationor sexual gratification to such customers andwhich are distinguished by or characterized by anemphasis on matter depicting, describing or relat-ing to specified sexual activities or specified ana-tomical areas.

Advertise means to seek the attraction of or todirect the attention of the public to any goods,services or merchandise whatsoever.

Church or place of worship means a buildinglocated within or without the city in which per-sons regularly assemble for religious worship,intended primarily for purposes connected withsuch worship or for propagating a particular formof religious belief.

Commercial business means an establishmentowned or operated by any entity which invitescustomers onto its premises and which is oper-ated for profit.

Commercial multiunit center means a buildingor structure, including a shopping mall or stripshopping center, containing three or more com-mercial businesses, each of which occupies anenclosed area having its own door or entrancewayopening onto public property, a public way or acommon area.

*State law reference—Authority of municipality to reg-ulate sexually oriented businesses, V.T.C.A., Local Govern-ment Code ch. 243.

§ 6-19AMUSEMENTS AND ENTERTAINMENTS

CD6:3Supp. No. 4

Customer means any person who:

(1) Is allowed to enter an establishment inreturn for the payment of an admissionfee or any form of consideration or gratu-ity; or

(2) Enters any establishment for the purposeof purchasing or renting a commodity orservice therein.

Display surface means the entire surface of asign on one side, devoted to exhibiting advertis-ing. The display surface shall not include the signframe and incidental supports thereto.

Employee means any person who renders anyservice whatsoever to the customers of an estab-lishment regulated by this article or who works inor about such an establishment and who receivescompensation for such service or work from theoperator or owner of such establishment or fromthe customers therein.

Entertainment means any act or performancesuch as a play, skit, reading, revue, pantomime,scene, song, dance, musical rendition or strip-tease, whether performed by employees or cus-tomers. The term "entertainment" shall also meanbartenders, waiters, waitresses or other employ-ees exposing specified anatomical areas or engag-ing in specified sexual activities in the presence ofcustomers.

Existing means in operation on the effectivedate of the ordinance from which this article isderived.

Exterior portion means any part of the physicalstructure of an establishment regulated by thisarticle including a wall, veneer, door, fence, roof,roof covering or window which is visible from anypublic way or public property.

Operator means the manager or other personprincipally in charge of an establishment regu-lated by this article.

Residential means pertaining to the use of landfor premises such as homes, townhouses, patiohomes, mobile homes, duplexes, condominiumsand apartment complexes which contain habit-able rooms for nontransient occupancy, and whichare designated primarily for living, sleeping, cook-ing and eating therein. Hotels, motels, boarding-

houses, nursing homes, hospitals, nursery schoolsand child daycare facilities shall not be consid-ered to be residential.

School means a building where persons regu-larly assemble for the purpose of instruction oreducation, together with the playgrounds, stadiaand other structures or grounds used in conjunc-tion therewith. The term "school" is limited topublic and private schools used for primary andsecondary education.

Sexually oriented business or business includesthe definition of the term "sexually oriented busi-ness" contained in V.T.C.A., Local GovernmentCode § 243.002, and shall include but not belimited to the following: an adult bookstore, adultcabaret, adult encounter parlor, adult modelingstudio, adult movie theater or any establishmentwhose business may include the offering to cus-tomers of a product or service which is intended toprovide sexual stimulation or sexual gratificationto its customers, and which is distinguished by orcharacterized by an emphasis on matter depict-ing, describing or relating to specified sexualactivities or specified anatomical areas. The citysecretary or his successor shall make the finaldetermination of whether a proposed use consti-tutes a sexually oriented business in accordancewith the terms and intent of this article. The term"sexually oriented business" or "business" shallnot be construed to include:

(1) Any business operated by or employinglicensed psychologists, licensed physicaltherapists, licensed athletic trainers, li-censed cosmetologists or licensed barbersperforming functions authorized under thelicenses held;

(2) Any business operated by or employinglicensed physicians or licensed chiroprac-tors engaged in practicing the healingarts; or

(3) Any retail establishment whose major busi-ness is the offering of wearing apparel forsale to customers.

Sign means any display, design, pictorial orother representation, which shall be so con-structed, placed, attached, painted, erected, fas-tened or manufactured in any manner whatso-


CD6:4Supp. No. 4

ever so that the same is visible from the outside ofan establishment regulated by this article and isused for advertising such establishment. The term"sign" shall also include such representationspainted on or otherwise affixed to any exteriorportion of an establishment regulated by thisarticle, as well as, such representations paintedon or otherwise affixed to any part of the tractupon which such an establishment is situated.

Specified anatomical areas means the follow-ing:

(1) Less than completely and opaquely cov-ered:

a. Human genitals, pubic region or pu-bic hair;

b. Buttock;

c. Human breast below a point imme-diately above the top of the areola; or

(2) Human male genitals in a discerniblyerect state, even if completely and opaquelycovered.

Specified sexual activities means:

(1) Human genitals in a discernible state ofsexual stimulation or arousal;

(2) Acts of human masturbation, sexual in-tercourse or sodomy; or

(3) Fondling or other erotic touching of hu-man genitals, pubic region or pubic hair,buttock or human breast.

Tract means a parcel of land under commonownership located within or without the city.(Code 2002, § 4.1001; Ord. No. 551, 3-9-1999; Ord.No. 744, § 6, 7-28-2009)

Sec. 6-20. Applicability of provisions to ex-

isting businesses.

(a) The provisions of this article shall be appli-cable to existing businesses.

(b) If a business is ineligible to receive a per-mit under this article, then such business shallterminate operations within 30 days after the

date on which the applicant for such businessreceives notification of such ineligibility from themayor.(Code 2002, § 4.1003; Ord. No. 551, 3-9-1999)

Sec. 6-21. Exterior portions of establish-

ment.

(a) Visible merchandise, activities. It shall beunlawful for the merchandise or activities of asexually oriented business, adult bookstore oradult movie theater to be visible from any pointoutside such establishment.

(b) Flashing lights, lettering, pictures. It shallbe unlawful for the exterior portions of a business,adult bookstore or adult movie theater to haveflashing lights, or any words, lettering, photo-graphs, silhouettes, drawings or pictorial repre-sentations of any manner except to the extentpermitted by the provisions of this article.

(c) Prohibited coloring. It shall be unlawful forthe exterior portions of a business, adult book-store or adult movie theater to be painted anycolor other than a single achromatic color. Thissection shall not apply to any business, adultbookstore or adult movie theater if the followingconditions are met:

(1) The business, adult bookstore or adultmovie theater is a part of a commercialmultiunit center; and

(2) The exterior portions of each individualunit in the commercial multiunit center,including the exterior portions of suchbusiness, adult bookstore or adult movietheater, are painted the same color as oneanother or are painted in such a way so asto be a component of the overall architec-tural style or pattern of the commercialmultiunit center.

(d) Unpainted exteriors. Nothing in this articleshall be construed to require the painting of anotherwise unpainted exterior portion of a busi-ness, adult bookstore or adult movie theater.

(e) Nonconforming existing businesses. All non-conforming exterior portions of an existing busi-ness, adult bookstore or adult movie theater shallbe made to comply with the provisions of this


CD6:5Supp. No. 4

article within six months after the effective dateof the ordinance from which this article is de-rived.(Code 2002, § 4.1004; Ord. No. 551, 3-9-1999)

Sec. 6-22. Signs.

(a) Notwithstanding any city ordinance, codeor regulation to the contrary, it shall be unlawfulfor the permittee of a business, the owner of anadult bookstore or the owner of an adult movietheater to erect, construct or maintain more thanone sign for such establishment.

(b) Signs shall have not more than two displaysurfaces and each display surface shall:

(1) Not contain flashing lights;

(2) Be a flat plane, rectangular in shape;

(3) Not exceed 64 square feet in area; and

(4) Not exceed ten feet in height and ten feetin length.

(c) A sign shall contain no photographs, silhou-ettes, drawings or pictorial representations of anymanner, and may contain only:

(1) The name of the establishment; and/or

(2) One or more of the following phrases:

a. Adult bookstore;

b. Adult movie theater;

c. Adult encounter parlor;

d. Adult cabaret;

e. Adult novelties; or

f. Adult entertainment.

Signs for adult movie theaters may con-tain the additional phrase, "Movie TitlesPosted on Premises."

(d) Each letter forming a word on a sign shallbe of a solid color, and each such letter shall be thesame print type, size and color. The backgroundbehind such lettering on the display surface of asign shall be of uniform and solid color.

(e) In case of a conflict between the provisionsof this article and the provisions of any ordinanceprovision pertaining to zoning, the provisions ofthis article shall govern.

(f) Nothing in this section shall be construed toprohibit the display of the following types of signs:

(1) Legal notices and street numbers;

(2) Signs required by federal, state or locallaws; or

(3) Signs setting forth the location of or direc-tions to parking facilities or buildings orregulating the flow of traffic.

(Code 2002, § 4.1005; Ord. No. 551, 3-9-1999)

Sec. 6-23. Persons younger than 17 years of

age—Prohibited from entry.

(a) As customers. It shall be unlawful to allowa person who is younger than 17 years of age toenter a sexually oriented business, an adult book-store or an adult movie theater for the purpose ofbeing a customer therein.

(b) Attendant required at entrance. An atten-dant shall be stationed at each public entrance toan establishment described in subsection (a) ofthis section, during such establishment's regularbusiness hours. The attendant shall not allow aperson to enter for the purpose of being a cus-tomer until such person presents to the atten-dant:

(1) A valid operator's, commercial operator'sor chauffeur's driver's license; or

(2) A valid personal identification certificateissued by the state department of publicsafety reflecting that such person is 17years of age or older; provided that nosuch driver's license or identification cer-tificate shall be required if it is apparentbeyond a reasonable doubt that such per-son is 17 years of age or older.

(Code 2002, § 4.1006; Ord. No. 551, 3-9-1999)

Sec. 6-24. Same—Prohibited from employ-

ment.

It shall be unlawful to allow a person who isyounger than 17 years of age to be an employee ofa sexually oriented business, an adult bookstore,or an adult movie theater.(Code 2002, § 4.1007; Ord. No. 551, 3-9-1999)


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Sec. 6-25. Notices.

All notices required or permitted under thisarticle shall be in writing and shall be deemeddelivered three days after depositing in a UnitedStates Postal Service receptacle.(Code 2002, § 4.1008; Ord. No. 551, 3-9-1999)

Sec. 6-26. Enforcement of article; authority

to enter premises.

The chief of police shall have the power toadminister and enforce the provisions of thisarticle. Upon presentation of proper identificationto the owner, operator, agent or tenant in chargeof any premises where a sexually oriented busi-ness is located, the chief of police or his represen-tative may at reasonable times enter, for thepurposes of inspecting and investigating to en-sure compliance with the terms of this article, anybuilding, structure or other premises where abusiness is located. Whenever the chief of policeor his representative is denied permission toinspect any premises, inspection shall be madeonly under the authority of a warrant to be issuedby a magistrate authorizing the inspection forviolations of this article.(Code 2002, § 4.1009; Ord. No. 551, 3-9-1999)

Sec. 6-27. Authority to file suit.

The city attorney is hereby authorized to filesuit to enjoin the violation of any regulations ofthis article.(Code 2002, § 4.1010; Ord. No. 551, 3-9-1999)


DIVISION 2. PERMITS


It shall be unlawful for any person or entity toown or operate a sexually oriented business lo-cated within the corporate limits of the city with-out a permit issued pursuant to the provisions ofthis division.(Code 2002, § 4.1011; Ord. No. 551, 3-9-1999)

Sec. 6-59. Application.

(a) Applications for a permit for a sexuallyoriented business must be submitted to the citysecretary by the owner of the business to becovered by such permit. The application formsshall be supplied by the city secretary. The appli-cant shall be required to give the following infor-mation on the application form:

(1) The applicant's name, as follows:

a. If the applicant is an individual, hislegal name as well as any aliases;

b. If the applicant is a partnership, thefull name of the partnership and thenames of all the partners, whethergeneral or limited; or

c. If the applicant is a corporation, theexact corporate name and state ofincorporation and the names of allthe officers, directors and stockhold-ers holding ten percent or more ofthe capital stock of the applicant;

(2) The name under which the business is tobe operated and a general description ofthe service to be provided;

(3) The telephone number of the business;

(4) The address and legal description of theparcel of land on which the business is tobe located; and

(5) The date on which the applicant becameowner of the business for which a permitis sought, and the date on which thebusiness began operations at the locationfor which a permit is sought.

(b) The application shall be accompanied bythe following:

(1) Payment in full for the permit fee;

(2) A certified copy of the assumed namecertificate filed in compliance with theAssumed Business or Professional NameAct, V.T.C.A., Business and CommerceCode ch. 36, if the applicant is to operatethe business under an assumed name;

(3) If the applicant is a state corporation, acertified copy of the articles of incorpora-tion, together with all amendments thereto;


CD6:7Supp. No. 4

(4) If the applicant is a foreign corporation, acertified copy of the certificate of author-ity to transact business in this state,together with all amendments thereto;

(5) If the applicant is a limited partnershipformed under the laws of the state, acertified copy of the certificate of limitedpartnership, together with all amend-ments thereto, filed in the office of thesecretary of state under the Texas Re-vised Limited Partnership Act (V.T.C.S.art. 6132a-1); or

(6) If applicant is a foreign limited partner-ship, a certified copy of the certificate oflimited partnership and the qualificationdocuments, filed in the office of the secre-tary of state under the Texas RevisedLimited Partnership Act, V.T.C.S. art.6132a-1.

(c) The application shall contain a written dec-laration that:

(1) The information contained therein is trueand correct; and

(2) The applicant has read the provisions ofthis article and is in compliance there-with.

(d) If the applicant is an individual, the appli-cation shall be signed and verified by the appli-cant. If the applicant is a partnership, the appli-cation shall be signed and verified by all partnersthereof. If the application is a corporation or otherentity, the application shall be signed and verifiedby the president of such corporation or entity.(Code 2002, § 4.1012; Ord. No. 551, 3-9-1999; Ord.No. 744, § 3, 7-28-2009)

Sec. 6-60. Fee.

To defray the actual cost of processing thepermit application, the permit fee shall be as setby resolution or ordinance of the city council fromtime to time and kept on file in the office of thecity secretary. No portion of any fee collectedunder this division shall be returned after apermit has been issued or refused. Each permitshall be effective when issued and shall be re-

newed annually on the date of such issuance byfiling an application as provided in section 6-59hereof.(Code 2002, § 4.1013; Ord. No. 551, 3-9-1999)

Sec. 6-61. Issuance or denial.

(a) Within 30 days of receipt of the application,the city secretary shall grant or deny the permitand give written notice of such action to theapplicant.

(b) The city secretary shall issue a permit tothe applicant unless one or more of the followingconditions exist:

(1) The applicant's business is located within1,000 feet of any residence, public park,public or private school, church or place ofworship or licensed daycare center. Forpurposes of this subsection, measurementshall be made in a straight line withoutregard to intervening structures or ob-jects, from the property line of theapplicant's sexually oriented business tothe nearest property line of such resi-dence, public park, public or private school,church or place of worship or licenseddaycare facility.

(2) The applicant's business is located within1,000 feet of any other sexually orientedbusiness. For purposes of this subsection,measurements shall be made in a straightline without regard to intervening struc-tures or objects, from the property line ofthe applicant's sexually oriented businessto the nearest property line of anothersexually oriented business.

(3) The applicant failed to supply all of theinformation requested on the application.

(4) The applicant gave false, fraudulent oruntruthful material information on theapplication.

(5) The applicant's business is not in compli-ance with sections 6-21 and 6-22 hereof.

(6) The applicant or business does not meetany other requirements of this article orother city ordinances regulating sexuallyoriented businesses.


CD6:8Supp. No. 4

(7) The applicant or any owner has beenadjudged guilty in a trial court of commit-ting, on the premises of the permittedbusiness, any of the offenses contained inV.T.C.A., Penal Code chs. 21, 25, 43, and§§ 22.011 or 22.021, for which less thantwo years have elapsed since the date ofconviction or the date of release fromconfinement imposed for the conviction,whichever is the later date, if the convic-tion is of a misdemeanor offense; or forwhich less than five years have elapsedsince the date of conviction or the date ofrelease from confinement imposed for theconviction, whichever is the later date, ifthe conviction is of a felony offense.

(8) The applicant is in violation of any healthand safety statutes of the state or healthand safety ordinances of the city.

(c) If the city secretary determines that anapplicant is not eligible for a permit, the applicantshall be notified in writing of the reasons for thedenial. An applicant may appeal the denial of theapplication by filing a written request for a hear-ing with the mayor within 15 days after receipt ofthe notification of such denial. The applicant'swritten request for a hearing shall set out thegrounds on which the denial is challenged.

(d) The city council shall hold a hearing andrender a written decision within 30 days afterreceipt of the applicant's written request for ahearing. Each party shall have the right of repre-sentation by a licensed attorney, although anattorney is not required. Each party may presentwitnesses on his own behalf and may cross exam-ine all witnesses. The city council's decision shallbe final.(Code 2002, § 4.1014; Ord. No. 551, 3-9-1999; Ord.No. 744, §§ 2, 4, 7-28-2009)

Sec. 6-62. Revocation.

(a) The city secretary shall have the authorityto revoke a permit for one or more of the followingreasons:

(1) The owner or operator of the permittedbusiness knowingly allowed a person un-der 17 years of age to be an employee

therein or did not make a reasonableeffort to determine the true age of suchemployee;

(2) The permitted business does not conformto the provisions of this article;

(3) The applicant, owner or three or morepersons have been adjudged guilty in atrial court of committing on the premisesof the permitted business any of the of-fenses contained in V.T.C.A., Penal Codechs. 21, 25, 43, and §§ 22.011 or 22.021.Such offenses must have occurred subse-quent to the date of the issuance of thepermit or subsequent to the most recentdate of renewal thereof, whichever is later,and the owner or operator knowingly al-lowed such offenses to occur or did notmake a reasonable effort to prevent theoccurrence of such offenses;

(4) The owner of the permitted business know-ingly gave false, fraudulent or untruthfulinformation on the application form forsuch permit.

(b) The owner whose permit is to be revokedshall be given at least ten calendar days writtennotice of such proposed revocation. If such ownerdesires to challenge such revocation, he shall beentitled to a hearing and subsequent appeal asprovided in subsections (c) and (d) of section 6-61.The written request for a hearing shall be filedwith the mayor within ten days after receipt ofthe notification of such proposed revocation.(Code 2002, § 4.1015; Ord. No. 551, 3-9-1999; Ord.No. 744, § 5, 7-28-2009)

Sec. 6-63. Other provisions.

(a) A permit issued under this division shall bedisplayed at all times in an open and conspicuousplace on the premises of the business for which itwas issued.

(b) A permit issued pursuant to this division isvalid only at the location for which it is issued andsuch permit is neither assignable nor transfer-able.

(c) It shall be unlawful for any person to coun-terfeit, forge, change, deface or alter a permit.(Code 2002, § 4.1016; Ord. No. 551, 3-9-1999)


CD6:9Supp. No. 4

Sec. 6-64. Lawfully permitted business not

rendered unlawful.

Any lawfully permitted business shall not be-come unlawful or ineligible for a renewal of itspermit on the grounds that subsequent to thegrant or renewal of such permit, a public park, apublic or private school, a church or place ofworship or licensed daycare center has locatedwithin 1,000 feet of such lawfully permitted busi-ness.(Code 2002, § 4.1017; Ord. No. 551, 3-9-1999)


CD6:10Supp. No. 4

Chapter 7

RESERVED

CD7:1

Chapter 8

ANIMALS*


Sec. 8-1. Prohibition against raising, breeding or keeping animals; excep-tions.

Sec. 8-2. Animal control officer.Secs. 8-3—8-20.Reserved.

Article II. Dogs

Sec. 8-21. Definitions.Sec. 8-22. Impoundment for running at large.Sec. 8-23. Periods of impoundment.Sec. 8-24. Redemption by owners.Sec. 8-25. Powers and duties of animal control officer and deputies.Sec. 8-26. Excepted animals.Sec. 8-27. Failure to control.Secs. 8-28—8-59. Reserved.

Article III. Horses, Mules, Donkeys and Cattle

Sec. 8-60. Restrictions.Sec. 8-61. Storage, disposal of manure at stables.Secs. 8-62—8-80. Reserved.

Article IV. Wild Animals

Sec. 8-81. Generally.Secs. 8-82—8-105. Reserved.

Article V. Rabies Control

Sec. 8-106. Definitions.Sec. 8-107. Vaccination required.Sec. 8-108. Dog or cat bites.Sec. 8-109. Diseased animals.Sec. 8-110. Animals causing nuisances.Sec. 8-111. Seizure and impoundment.Sec. 8-112. Animals with suspected rabies.Sec. 8-113. Penalty for violations.

*State law references—V.T.C.A., Agriculture Code ch. 1 et seq.; health and safety of animals, V.T.C.A., Health and Safety Codech. 821 et seq.

CD8:1


Sec. 8-1. Prohibition against raising, breed-

ing or keeping animals; exceptions.

No animals, livestock or poultry of any kindshall be raised, bred or kept on any lot or parcel ofland within the city limits, except dogs, cats orother household pets.

Sec. 8-2. Animal control officer.

The Mayor shall appoint a member of city staffto act as the Animal Control Officer.


ARTICLE II. DOGS



At large, running at large, or to run at large

means:

(1) Any dog upon private property other thanprivate property owned or possessed bythe owner or keeper of such dog, withoutthe consent, express or implied, of theperson owning or having possession ofsuch private property;

(2) Any dog in or upon public property, unlesssuch dog is in an automobile or otherenclosed motor vehicle, is under voice andsight control of its owner or keeper or isunder leash control of its owner or keeper.

Cat means any live or dead cat (Felis catis).

City pound means the place designated by thecity as the place for the confinement of domesticanimals.

Dog means any live or dead dog (Canisfamiliaris).

Keeper means the person having temporarycustody of a domestic animal in the absence of theanimal's owner.

Owner refers to that person who actually hasthe right of control of the dog, the right to sell orotherwise deal with the dog, or if such person is aminor, then the natural or legal guardian of suchminor owner. If the dog shall make its home uponany premises within the corporate limits of thecity, and no person claims to be the owner of suchdog, such dog shall be deemed to be the propertyof the head of the household of the premiseswhere such dog makes its home.

Vaccination means a proper injection of a ra-bies vaccine licensed for use in the subject speciesby the United States Department of Agriculture.

Voice and sight control means a situation wherethe owner or keeper of a domestic animal hassuch animal within eye view so that such owneror keeper can notice instantly such animal's be-havior and the owner or keeper is within theanimal's hearing range so that the owner orkeeper can direct such animal's behavior by voicecommand. It is intended hereby that voice andsight control requires the domestic animal to be inthe direct presence of the owner or keeper so thatsuch owner or keeper has present, continuous andimmediate control over such animal.(Code 2002, § 2.301; Ord. No. 410, § 1, 4-15-1986)

Sec. 8-22. Impoundment for running at large.

It shall be unlawful for any person to permit adog under their control to be at large. Any dogfound running at large shall be subject to seizureby the animal control officer. The animal controlofficer or his deputy shall issue a written sum-mons to the owner or keeper of any dog found tobe at large. Such summons shall notify the owneror keeper of the dog of the nature of the violationand the time and place of the violation. Thesummons shall also inform the accused owner orkeeper of the time, date, and place for an appear-ance in municipal court and shall bear the signa-ture of the accused and the signature of the officerissuing the summons. The allowance for seizureof a dog at large is in addition to and shall in noway affect or limit the authority of the animalcontrol officer or his deputy to issue a summons toa dog owner or keeper for permitting a dog undertheir care to run at large. A dog need not be atlarge at the actual time the written summons is

§ 8-22ANIMALS

CD8:3Supp. No. 1

issued. A dog which has been seized by the animalcontrol officer shall be impounded in the citypound. Any dog so impounded shall be registeredas to sex, breed, color and approximate weight. Itshall be the duty of the animal control officer orhis deputy to attempt to notify the owner of anydog seized by him/her within 24 hours afterseizure. The animal control officer shall maintainrecords of all dogs impounded and such recordsshall be kept current within one working day.(Code 2002, § 2.303; Ord. No. 410, § 4, 4-15-1986)

Sec. 8-23. Periods of impoundment.

Dogs, wearing identification tags, which havebeen impounded shall be held for a period of atleast seven days after capture before such dogsare disposed of by sale or destruction. Dogs, notwearing identification tags, which do not displaysymptoms of rabies or vicious tendencies andwhich have been impounded shall be held for aperiod of not less than three days after captureprior to being disposed of by sale or destruction.Nothing contained herein shall limit third partieswhich operate impoundment facilities on behalf ofthe city from holding animals for longer periodsthan provided in this article.(Code 2002, § 2.304; Ord. No. 410, § 5, 4-15-1986)

Sec. 8-24. Redemption by owners.

Any dog or cat which has been impounded maybe redeemed by its owner upon payment of thethen current impoundment fee and by executionof an affidavit that such person is the owner orkeeper of such animal. Fees for the impoundmentof domestic animals shall be for such amount asmay hereafter be established by the city council.(Code 2002, § 2.305; Ord. No. 410, § 6, 4-15-1986)

Sec. 8-25. Powers and duties of animal con-

trol officer and deputies.

(a) The animal control officer and his deputiesshall carry out the provisions of this article as setforth. The animal control officer and/or his depu-ties shall have the right at any reasonable time totake possession of any dog running at large and totake possession of any animal which the animalcontrol officer or his deputy reasonably suspectsto be rabid. The animal control officer and his

deputies are hereby given the authority to wear abadge of this office, such badge to be furnished bythe city. It is further provided that police orauxiliary police officers of the Memorial VillagesPolice Department shall have authority to act inthe same capacity as the animal control officer inhis absence.

(b) It shall be unlawful for any person torelease any animal from the custody of the animalcontrol officer and/or his deputies in any manner,or to tamper with or destroy any property used bythe animal control officer and/or his deputies forthe purpose of enforcing this article.(Code 2002, § 2.306; Ord. No. 410, § 7, 4-15-1986)

Sec. 8-26. Excepted animals.

The following animals shall be excepted fromall sections of this article: trained police dogsunder supervision and control of law enforcementofficers while in the performance of official duty.(Code 2002, § 2.307; Ord. No. 410, § 8, 4-15-1986)

Sec. 8-27. Failure to control.

(a) It shall be unlawful for any person, whetheras owner or keeper, having control of a dog byvoice and sight control or under leash, to fail tocontrol such dog's behavior when such behaviorplaces another person in actual or apparent dan-ger of bodily harm.

(b) It shall be a defense to prosecution underthis section that the failure of the owner or keeperto control such dog's behavior was necessarybecause:

(1) The owner or keeper was in immediatedanger of physical harm and such dog'sbehavior was necessary for such owner orkeeper's self-defense;

(2) The owner or keeper of such dog was inimmediate danger of loss or destruction ofproperty and such dog's behavior wasnecessary for the preservation of suchproperty.

(Code 2002, § 2.308; Ord. No. 410, § 9, 4-15-1986)



CD8:4Supp. No. 1

ARTICLE III. HORSES, MULES, DONKEYS

AND CATTLE

Sec. 8-60. Restrictions.

(a) It shall be unlawful for any person to keep,possess or maintain any horse, mule, donkey orother animal of the equine or bovine family onany parcel of land, unless such parcel of land shallhave a minimum area of one acre for one suchanimal and one acre for each additional animalfor a maximum of two animals.

(b) It shall be unlawful for any person to keep,possess or maintain any horse, mule, donkey orother animal of the equine or bovine family within75 feet of any property line or lot line of thekeeper or owner of such animal. If such animal iskept in or confined by any building or structure,such as a stable, barn, shed, pen or fence, suchdistance of 75 feet shall be measured in a straightline from the nearest points of such building orstructure to the nearest point of such propertyline or lot line.(Code 2002, § 2.501; Ord. No. 324, § 1, 9-19-1978)

Sec. 8-61. Storage, disposal of manure at sta-

bles.

(a) Receptacle required; specifications. Everyperson owning any stable or other building whereany horse, mule or donkey or other animal of theequine or bovine family is kept shall maintain asubstantial and sufficient receptacle for manurewhich must be so constructed and kept as toprotect the contents from rain and so screened asto prevent access to flies. All manure from suchhorse, mule or cattle must be placed in suchreceptacle.

(b) Frequency of removal. All persons owningany stable where horses, mules, donkeys or otheranimals of the equine or bovine family are keptshall have all manure from such animals removedfrom their premises at least twice in each week.At no time shall the manure be allowed to accu-mulate in such a manner as to be a nuisance.

(c) Depositing on streets, public places prohib-

ited. In no event or circumstance shall any ma-nure be thrown or deposited in any street or

public place or suffered to remain in such places.No person hauling manure through the streetsshall permit the same to litter the streets.(Code 2002, § 2.502; Ord. No. 324, § 2, 9-19-1978)


ARTICLE IV. WILD ANIMALS

Sec. 8-81. Generally.

(a) Prohibitions and restrictions. It shall beunlawful, within the corporate limits of the city,for any person to possess, permit, keep, suffer,cause or allow any wild animal within any resi-dence or within 300 feet of any residence orbuilding used for human habitation.

(b) Defined. As used herein, the term "wildanimal" means and includes any mammal, am-phibian, reptile or fowl which is of a species whichis wild by nature, and of a species which, due tosize, vicious nature or other characteristic isdangerous to human beings. Such animals shallinclude but not be limited to lions, tigers, leop-ards, panthers, bears, wolves, raccoons, skunks(whether deodorized or not), apes, gorillas, mon-keys, foxes, elephants, rhinoceroses, alligators,crocodiles, and all forms of poisonous reptiles. Theterm "wild animal," as used herein, shall notinclude gerbils, hamsters, guinea pigs, mice orrabbits.

(c) Each day any person possesses, permits,keeps, suffers, causes or allows any wild animalwithin any residence or within 300 feet of anyresidence or building used for human habitationin violation of this article shall constitute a sepa-rate offense. Further, the keeping of more thanone such wild animal in violation of this articleshall constitute a separate offense for each suchanimal.(Code 2002, § 2.600; Ord. No. 336, §§ 1—3, 12-18-1979)


§ 8-105ANIMALS

CD8:5Supp. No. 1

ARTICLE V. RABIES CONTROL*



Owner refers to that person who actually hasthe right of control of the dog or cat, the right tosell or otherwise deal with the dog or cat, or ifsuch person is a minor, then the natural or legalguardian of such minor owner. If the dog or catshall make its home upon any premises withinthe corporate limits of the city, and no personclaims to be the owner of such dog or cat, such dogor cat shall be deemed to be the property of thehead of the household of the premises where suchdog or cat makes its home.(Code 2002, § 2.201; Ord. No. 252, § 1, 9-19-1973)

Sec. 8-107. Vaccination required.

(a) Every dog or cat within the city shall bevaccinated with an antirabies vaccine approvedby the United States Department of Agricultureas required by state law.

(b) The fact of antirabies vaccination and thedate thereof shall be shown on a tag fastened insome manner to the dog or cat. It shall be unlaw-ful for a dog or cat not to have such vaccinationtag fastened in some manner to it. Absence ofsuch vaccination tag shall be prima facie evidenceof the fact that the dog or cat has not been sovaccinated.

(c) Every dog or cat, in some manner, shallhave fastened to it at all times an identificationtag bearing the owner's name, the owner's ad-dress and owner's telephone number.(Code 2002, § 2.202; Ord. No. 252, § 2, 9-19-1973)

State law reference—Vaccination of dogs and cats re-quired, V.T.C.A., Health and Safety Code § 826.021.

Sec. 8-108. Dog or cat bites.

(a) The owner of any dog or cat that bites anyperson not engaged in the commission of a crimeon public property or on private property notbelonging to the owner shall be guilty of a misde-meanor. Upon conviction for a second violation ofthis article, the dog or cat which for the secondtime has bitten a person shall be impounded anddestroyed and the owner thereof shall be guilty ofa misdemeanor.

(b) The owner of any dog or cat that molests orattempts to bite any person not engaged in thecommission of a crime on public property or onprivate property not belonging to the owner shallbe guilty of a misdemeanor.

(c) The owner of any dog or cat that bites,injures or kills any fowl or domestic animal onany public property or on any private property notbelonging to the owner shall be guilty of a misde-meanor.(Code 2002, § 2.203; Ord. No. 252, §§ 4—6, 9-19-1973)

Sec. 8-109. Diseased animals.

The owner of any dog or cat in a contagiousdiseased condition that is found upon any publicproperty or any private property not belonging tothe owner and without permission of the owner ofsuch private property, shall be guilty of a misde-meanor.(Code 2002, § 2.204; Ord. No. 252, § 7, 9-19-1973)

Sec. 8-110. Animals causing nuisances.

(a) The owner of any dog or cat which is anuisance shall be guilty of a misdemeanor. A dogor cat shall be a nuisance if it:

(1) Opens or overturns a closed garbage con-tainer;

(2) Interrupts a public function on publicproperty; or

(3) Disturbs the peace while congregated in apack of three or more dogs on privateproperty not belonging to the owners ofany such dogs and without the permissionof the property owner.

*State law references—Rabies, V.T.C.A., Health andSafety Code ch. 826; authority of municipalities to establishrabies control programs, V.T.C.A., Health and Safety Code,§ 826.015


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(b) Any peace officer, public health officer oranimal control officer of the city is hereby autho-rized to seize and impound any dog or cat which,in the opinion of such officer, is a nuisance, orwhich is alleged to be a nuisance by formalcomplaint.(Code 2002, § 2.205; Ord. No. 252, § 8, 9-19-1973)

Sec. 8-111. Seizure and impoundment.

(a) Any dog or cat which violates sections8-107 through 8-110 shall be seized and im-pounded. The place of impoundment shall be aprivate veterinary hospital approved by the pub-lic health officer. The cost of impoundment andany necessary treatment or vaccination shall bepaid for by the owner before the dog or cat isreleased. The cost of impoundment shall be re-funded by the city if the owner is not convictedafter being charged and tried for violating sec-tions 8-107 through 8-110. Any dog or cat notclaimed by its owner and released from the placeof impoundment within five days, exclusive ofSaturdays, Sundays or public holidays, after itsimpoundment, shall thereafter be destroyed byinjection of a lethal drug, save and except any dogor cat which has been impounded under suspicionof having violated section 8-109 of this article forwhich the period of impoundment, before releaseor destruction, shall be the duration set forth insubsection (c) of this section.

(b) Any person in control or possession of anydog or cat in violation, or suspected or alleged byformal complaint to be in violation of any provi-sion of this article, who fails to release such dog orcat to any peace officer, animal control officer orpublic health officer of the city, upon demand bysuch officer, shall be guilty of a misdemeanor.

(c) Every animal that has rabies or symptomsthereof, every animal that has been exposed torabies and every animal that bites, scratches orotherwise attacks any person within the city shallbe impounded at once and held under observationat a private veterinary hospital approved by thepublic health officer at the owner's expense forsuch period of time as the public health officermay deem necessary; provided, however, thatsuch period of time shall not be fewer than sevendays nor more than 14 days.(Code 2002, § 2.206; Ord. No. 193, § 1, 6-14-1965;Ord. No. 252, §§ 9, 10, 9-19-1973)

Sec. 8-112. Animals with suspected rabies.

(a) No animal that has rabies shall be allowedat any time on the streets or public ways of thecity. No animal that has been suspected of havingrabies shall be allowed at any time on the streetsor public ways of the city until such animal hasbeen released from observation by the publichealth officer or his deputy.

(b) The owner, keeper or person in charge ofany animal that has rabies or symptoms thereof,that has been exposed to rabies, or that hasbitten, scratched or otherwise attacked any per-son within the city, shall, upon demand, turn oversuch animal to the city police.

(c) The body of any animal that has died ofrabies shall not be disposed of except as directedby the public health officer.(Code 2002, § 2.207; Ord. No. 193, §§ 2—4, 6-14-1965)

Sec. 8-113. Penalty for violations.

The owner of any dog or cat found in the city,not in compliance with section 8-107(a), shall beguilty of a misdemeanor. The owner of any dog orcat found in the city, off the premises of the owner,not in compliance with section 8-107(b) shall beguilty of a misdemeanor.(Code 2002, § 2.208; Ord. No. 252, § 3, 9-19-1973)

§ 8-113ANIMALS

CD8:7

Chapter 9

RESERVED

CD9:1

Chapter 10

BUILDINGS AND BUILDING REGULATIONS*


Sec. 10-1. Permits for construction activity.Sec. 10-2. Building moving.Sec. 10-3. Construction site regulations.Sec. 10-4. Entry by police on construction sites.Secs. 10-5—10-22. Reserved.

Article II. Building Code

Sec. 10-23. International Building Code adopted.Sec. 10-24. Amendments.Sec. 10-25. Appendices.Sec. 10-26. Future amendments.Sec. 10-27. Effect of code.Secs. 10-28—10-57. Reserved.

Article III. Residential Code

Sec. 10-58. International Residential Code adopted.Sec. 10-59. Amendments.Sec. 10-60. Automatic sprinkler systems.Sec. 10-61. Appendices.Sec. 10-62. Future amendments.Sec. 10-63. Effect of code.Secs. 10-64—10-84. Reserved.

Article IV. Energy Conservation Code

Sec. 10-85. International Energy Conservation Code adopted.Sec. 10-86. Future amendments.Sec. 10-87. Effect of code.Secs. 10-88—10-117. Reserved.

Article V. Plumbing Code

Sec. 10-118. International Plumbing Code adopted.Sec. 10-119. Amendments.Sec. 10-120. Future amendments.Sec. 10-121. Effect of code.Secs. 10-122—10-140. Reserved.

Article VI. Mechanical Code

Sec. 10-141. International Mechanical Code adopted.Sec. 10-142. Amendments.Sec. 10-143. Future amendments.Sec. 10-144. Effect of code.Secs. 10-145—10-171. Reserved.

*State law reference—Regulation of land use, structures, businesses, and related activities, V.T.C.A., Local Government Codech. 211 et seq.

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Article VII. Electrical Code

Sec. 10-172. Enforcement generally.Sec. 10-173. Registration of electricians.Sec. 10-174—10-194. Reserved.

Article VIII. Outdoor Lighting

Sec. 10-195. Restrictions.Sec. 10-196. Permit and inspection—Required.Sec. 10-197. Same—Fees.Sec. 10-198. Existing lighting.Sec. 10-199. Game court lighting.Sec. 10-200. Exception.Secs. 10-201—10-218. Reserved.

Article IX. Flood Plain Administration

Sec. 10-219. Generally.Sec. 10-220. Definitions.Sec. 10-221. General provisions.Sec. 10-222. Administration.Sec. 10-223. Provisions for flood hazard reduction.Sec. 10-224. Reserved.

Article X. Fuel Gas Code

Sec. 10-225. International Fuel Gas Code adopted.Sec. 10-226. Amendments (reserved).Sec. 10-227. Future amendments.Sec. 10-228. Effect of code.Secs. 10-229—10-239. Reserved.

Article XI. Existing Building Code

Sec. 10-240. International Existing Building Code adopted.Sec. 10-241. Amendments (reserved).Sec. 10-242. Future amendments.Sec. 10-243. Effect of code.Secs. 10-244—10-248. Reserved.


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Sec. 10-1. Permits for construction activity.

(a) Expiration of permits. Except as otherwiseprovided in this Code, any building or otherpermit that authorizes construction activity inthe city shall expire on the second anniversary ofthe date of its issuance, regardless of the dateconstruction activity was actually commenced andthe building official shall have no authority torenew or extend an expired permit.

(b) Renewal of expired permits. An expiredpermit may be renewed or extended by the citycouncil if the applicant pays the applicable feesand demonstrates that: a) good cause exists forextending or renewing the permit; and b) appro-priate measures will be taken to mitigate anynegative effect of continued construction on nearbyproperty owners or the public.

(c) Commencement of work. No building orother permit that authorizes construction activityin the city shall be issued unless the applicant forthe permit warrants to the city that the proposedwork will commence within 90 days after the dateof issuance of the permit.

(d) Fees and charges. The city council shallestablish the fees and charges for building, plumb-ing, mechanical, electrical and other permits andinspections. The fees and charges may be amendedfrom time to time by city council. A copy of theschedule of fees and charges shall be maintainedin the office of the city secretary.

(e) Other codes. The provisions of this sectionshall govern the issuance of permits under theInternational Building Code, the InternationalResidential Code, the International Plumbing Code,the International Mechanical Code, and any otherbuilding or construction codes adopted by the city.(Code 2002, § 3.700; Ord. No. 608, 12-17-2002;Ord. No. 766, § 1, 1-25-2011)

Sec. 10-2. Building moving.

(a) Moving or causing to be moved any usedbuilding, whether residential or otherwise, within,into, out of or through the city is hereby prohib-ited without written permission of the city.

(b) Each day that a used building is allowed toremain within the city after having been broughtto the city shall constitute a separate violation.(Code 2002, § 3.1000; Ord. No. 305, 9-13-1977)

Sec. 10-3. Construction site regulations.

Any person who engages in construction activ-ity, or who is in control of a construction site,within the city shall comply with the followingrequirements:

(1) Permit boxes. All construction permits andany other documents required to be postedat the construction site shall be displayedin a secure, weather-proofed "DOCBOX"or equivalent form of container. The con-tainer shall be placed in a location that iseasily identifiable and accessible at alltimes.

(2) Waste containers. The site shall be equippedwith a commercial solid waste containerof adequate size to collect and store anysolid waste generated by the constructionactivity. The container shall be placed in alocation that is easily accessible and, ifpossible, screened from the neighbors. Thecontainer must be placed, removed, ser-viced, and emptied only during legal workhours as provided below in subsection (15)and only within the construction site.

(3) Policing of site. All construction relatedmaterial scraps, trash, rubble, debris, foodpackages, or any other form of wastelocated on the construction site or onnearby public or private property must bepicked up immediately and placed in awaste container or removed from the site.

(4) Storage of materials and tools. All build-ing materials, equipment, and tools thatare not in actual use shall be stacked orotherwise secured in an orderly manner.

(5) Policing of adjacent rights-of-way. All side-walks and streets and other public rights-of-way adjoining the construction site shallbe kept free of dirt and other constructiongenerated debris and shall be swept on adaily basis if necessary.

§ 10-3BUILDINGS AND BUILDING REGULATIONS

CD10:3Supp. No. 6

(6) Disposal of garbage. Garbage, food waste,and similar rapidly biodegradable mate-rials shall be contained in closed, coveredcontainers and the containers shall beemptied no less than twice weekly.

(7) Construction hazards. All excavations andholes shall be filled or covered as soon aspossible. Any construction site hazardsshall be marked and barricaded. Newlypoured concrete or similar materials shallbe properly secured.

(8) Portable toilets. At least one clean andproperly serviced portable toilet shall beprovided at each construction site. Theportable toilet shall be placed no closerthan 35 feet from the front property lineor 25 feet from any side or rear propertyline and shall be screened from publicview by a wood enclosure at least as tallas the portable toilet. The door to theportable toilet shall face away from streetand neighboring property views. The por-table toilet shall be serviced regularly toprevent health hazards and offensive odors.

(9) Site parking. All vehicles, trailers, or mo-bile equipment associated with the con-struction site shall be parked on the sitewhere possible. Otherwise, they shall beparked on the same side of the street asthe construction site and in front of or asclose to the site as possible. In no eventshall any vehicle, trailer, or mobile equip-ment be parked on a street in such man-ner as to leave less than fifteen feet ofstreet clearance for other traffic.

(10) Property damage. The contractor in chargeof the site and the owner of the site shallbe jointly liable for any damage to publicproperty or rights-of-way that occurs be-cause of construction activity. Any dam-age must be repaired immediately. A con-struction project will not be eligible forfinal inspection until all necessary repairsare completed.

(11) Noise. Radios and other sound amplifyingequipment shall not be operated on aconstruction site.

(12) Deliveries. Construction materials may beplaced in the public right-of-way only dur-ing unloading activities during work hoursas provided in subsection (15) and mustbe relocated to the construction site withintwo hours.

(13) Erosion control. The contractor in chargeof the site and the owner of the site shalltake whatever measures are necessary toprevent soil or other materials from wash-ing off the site. Storm water runoff shallbe controlled so that silt, earth, topsoil,and other materials are not washed ontocity streets or into storm drains, drainageeasements, ditches or other drainage fa-cilities. No fencing shall be required whenconstruction involves an occupied home.

(14) Security. The construction site shall besecured by fencing the perimeter of allareas where construction activity is tooccur. The fencing must be maintained inplace until all exterior construction activ-ity, other than landscaping, is complete,the structure has been secured againstentry, and all on-site materials have beeninstalled or secured within the structure.The fence must be at least six feet inheight and constructed of chain-link, wood,or other sturdy materials. No fencing shallbe required where the construction activ-ity is on the site of an occupied single-family residence.

(15) Work hours. All construction work shallbe performed between the hours of 8:00a.m. and 7:00 p.m. on weekdays, or be-tween the hours of 9:00 a.m. and 6:00 p.m.on Saturdays, except as provided below.No construction work shall be performedon Sundays or on holidays on which thecity's offices are closed. On days on whichconstruction work is permitted indoor workmay continue until 9:00 p.m. providedthat all such work is conducted in anenclosed structure, and is not visible oraudible from surrounding properties. Thecity's building official may permit construc-tion work to be performed at other times ifnecessary because of emergency condi-tions. The provisions of this subsection


CD10:4Supp. No. 6

shall control over any contrary provisionin any of the uniform building codes ad-opted by the city.

(Ord. No. 711, § 1, 1-15-08)Editor’s note—Ord. No. 711, § 1, adopted January 15,

2008, enacted provisions intended for use as subsections(a)—(o). To preserve the style of this Code, and at the discre-tion of the editor, said provisions have been redesignated assubsections (1)—(15).

Sec. 10-4. Entry by police on construction

sites.

(a) Any property owner who applies, directlyor through authorized agents, for a building per-mit from the city authorizing construction onproperty located within the city shall be deemedto have consented, subject to the limitations pro-vided below, to the entry on the property wherethe construction is to occur of police officers em-ployed by the Memorial Villages Police Depart-ment or other police agencies for the purpose ofdeterring or investigating criminal activity.

(b) The consent referenced in subsection (a):

(1) Shall not extend to remodeling, expan-sion, or renovation projects where thestructure being remodeled, expanded, orrenovated remains occupied during theconstruction process; and

(2) Shall not be construed as authorizing apolice officer to enter a structure that hasbeen locked or otherwise secured againstunauthorized entry.

(c) The city's building official is hereby di-rected to provide, to all persons receiving buildingpermits, written notice of the provision of thissection.(Ord. No. 686, §§ 2—4, 5-15-2007; Ord. No. 711,§ 2, 1-15-2008)

Editor’s note—Ord. No. 711, § 2, adopted January 15,2008, renumbered the former section 26-5 as section 10-4. Thehistorical notation has been preserved for reference purposes.


ARTICLE II. BUILDING CODE

Sec. 10-23. International Building Code ad-

opted.

The International Building Code, 2009 Edition(nonresidential), hereinafter sometimes referredto as the "code," as published by the InternationalCode Council, Inc., as amended in sections 10-24and 10-25, is hereby adopted and made applicablein the city. A copy of the code shall be maintainedin the office of the city secretary.(Code 2002, § 3.101; Ord. No. 627, 10-19-2004;Ord. No. 786, § 1, 3-27-2012)

State law reference—International Building Code as thecommercial building code in this state, V.T.C.A., Local Govern-ment Code § 214.216.

Sec. 10-24. Amendments.

(a) Section 103 of the building code adopted inthis article is hereby deleted and a new section103 is substituted therefor as follows:

103. Department of building safety. The en-forcement of this code shall be under the ad-ministrative and operational control of the build-ing official. The building official shall have suchduties, and shall be selected and serve in theposition at the pleasure of the city council andmay be removed without cause by city council.The building official may appoint deputies toassist him/her, subject to city council approval.Said deputies shall serve at the pleasure of thecity council and may be removed without causeby city council.

(b) Section 104 of such code is hereby deletedand a new section 104 is substituted therefor asfollows:

104. Powers and duties of the building offi-cial.

104.1. General. The building official ishereby authorized and directed to enforceall of the provisions of this code. Thebuilding official shall have the power torender interpretations of this code and toadopt and enforce written rules and sup-plemental regulations in order to clarifythe application of its provisions. Such


CD10:5Supp. No. 7

interpretations, rules and regulations shallbe in conformance with the intent andpurpose of this code.

104.2. Right of entry. When it is neces-sary to make an inspection to enforce theprovisions of this code, or when the build-ing official has reasonable cause to believethat there exists in a building or upon itspremises a condition which is contrary toor in violation of this code which makesthe building or premises unsafe, danger-ous or hazardous, the building officialmay request entry. If entry is refused, thebuilding official shall have recourse to theremedies provided by law to secure entry.

104.3. Stop orders. Whenever any workis being done contrary to the provisions ofthis code, the building official may orderthe work stopped by notice in writingserved on any persons engaged in thedoing or causing such work to be done,and any such persons shall stop workuntil authorized in writing by the build-ing official to proceed with the work.

104.4. Modifications. When there arepractical difficulties involved in carryingout the provisions of this code, the build-ing official may grant modifications forindividual cases. The building official mustfind that a special reason makes the strictletter of this code impractical and thatmodification is in conformance with theintent and purpose of this code, and thatsuch modification does not lessen accessi-bility, health, life and fire safety, or struc-tural integrity.

The details of any action granting mod-ifications shall be written and recordedand entered in the files of the city.

104.5. Alternate materials, alternativedesign and methods of construction. Theprovisions of this code are not intended toprevent the use of a material, alternatedesign or method of construction not spe-cifically prescribed by this code, providedany alternate has been approved by thebuilding official.

The building official may approve anysuch alternate, provided the building offi-cial finds that the proposed material, de-sign or method is satisfactory and com-plies with the provisions of this code andthat the material and method of workoffered are, for the purpose intended, atleast equivalent of that prescribed in thiscode in suitability, effectiveness, fire resis-tance, durability and safety.

The building official shall require thatsufficient written evidence or proof besubmitted to substantiate any claims thatmay be made regarding an alternate. Thedetails of any action granting approval ofan alternate shall be written and re-corded and entered in the files of the city.

104.6. Tests. Whenever there is insuf-ficient evidence of compliance with any ofthe provisions of this code or evidencethat any material or work does not con-form to the requirements of this code, thebuilding official may require tests as proofof compliance to be made at no expense tothe city.

Test methods shall be as specified bythis code or other recognized test stan-dards. If there are no recognized andaccepted test methods for the proposedalternate, the building official shall deter-mine test procedures.

All tests shall be made by an approvedagency. Reports of such tests shall beretained by the building official for theperiod required for the retention of publicrecords.

(c) Sections 105.1, 105.1.1, and 105.1.2 of suchcode are hereby deleted in their entirety.

(d) Section 105.2 of such code is hereby amendedby deleting the exemptions listed 1 through 13under "Building" and replacing such list as fol-lows:

105.2. Work exempt from permit.

Building:

a. One-story detached accessory struc-tures to be used as tool or storagesheds, playhouse and similar uses,


CD10:6Supp. No. 7

provided the floor area does not ex-ceed 120 square feet (11.15 m2) anddoes not contain electrical, gas,plumbing, or mechanical installa-tions.

b. Sidewalks and decks.

c. Painting, papering, tiling, carpeting,cabinets, countertops or similar fin-ish work.

d. Prefabricated swimming pools acces-sory to a group R-3 occupancy, whichare less than 24 inches deep, do notexceed 5,000 gallons and are in-stalled above ground.

e. Swings and other playground equip-ment accessory to one- and two-family dwellings.

(e) Section 105.3 of such code is hereby amendedby adding a new paragraph 8, which shall provideas follows:

105.3. Application for permit.

8. The site plan shall show the pro-posed method of handling stormwaterrunoff within the boundaries of thesubject site, lot, or tract of land andalso showing the disposition of suchstormwater runoff therefrom in ac-cordance with the location and ca-pacity of the then-existing stormdrainage system of the city.

(f) Reserved.

(g) Reserved.

(h) Section 105 of such code is hereby amendedby adding a new section 105.9, which provides asfollows:

105.9. Liability insurance. The person orentity that will actually perform the work orservices covered by a permit shall provide tothe city evidence of comprehensive generalliability insurance, issued by a company li-censed to do business in the state, in theamounts, for the duration of the permit, andshall furnish certificates of insurance to thecity as evidence thereof. The certificates shall

provide that the insurance shall not be can-celed, reduced, or changed without 30 days'advance notice to the city.

Comprehensive general liability insurancecovering all risks associated with the work,with a minimum bodily injury limit of$100,000.00, $300,000.00 per occurrence, and aproperty damage limit of $400,000.00, or aproperty damage limit equal to or exceedingthe amount of the contract amount, whicheveris greater.

(i) Section 109.2 of such code is hereby deletedand a new section 109.2 is substituted therefor asfollows:

109.2. Schedule of permit fees. For build-ings, structures or electrical, gas, mechanicaland plumbing systems or alterations thereofrequiring a permit, a fee for each permit shallbe paid as required, as set by resolution orordinance of the city council from time to timeand shall be maintained on file in the office ofthe city secretary.

(j) Section 109.4 of such code is hereby deletedand a new section 109.4 is substituted therefor asfollows:

109.4. Work commencing before permit issu-ance. The fee for work commenced without apermit shall be double the fee set forth in thefee schedule adopted by the city.

(k) Section 111.1 of such code is hereby deletedand a new section 111.1 is substituted therefor asfollows:

111.1. Use and occupancy. No building orstructure shall be used or occupied, and nochange in the existing occupancy classificationof a building or structure or portion thereofshall be made, until the building official hasissued a certificate of occupancy therefor asprovided herein.

Issuance of a certificate of occupancy shallnot be construed as an approval of a violation ofthe provisions of this code or of other ordi-nances of the city. Certificates presuming togive authority to violate or cancel the provi-sions of this code or other ordinances of the cityshall not be valid.


CD10:7Supp. No. 7

(l) Section 113.1 of the code is hereby deletedand new section 113.1 is substituted therefor asfollows:

113.1. Appeals. Appeals of orders, decisionsor determinations made by the city's buildingofficial in interpreting or applying this codeshall be to the city council. The city council mayobtain the assistance of persons who are qual-ified by experience and training on a particularsubject under consideration.

(m) Section 113.3 of the code is hereby deletedin its entirety.

(n) Section 114 of the code is deleted in itsentirety and the penalty provision of section 1-8 ofthe Code of Ordinances is substituted in its place.

(o) Section 903, entitled "Automatic sprinklersystems" is deleted. Automatic sprinkler systemsare required as provided by section 20-22.

(p) Sections 1507.8 and 1507.9 of such code arehereby amended by deleting both sections in theirentirety and a new section 1507.8 is hereby sub-stituting therefor to provide as follows:

1507.8. Wood shingles and shakes.

a. Allowed roof coverings of any struc-ture regulated by this InternationalBuilding Code shall be as providedin this section.

b. Wood shingles and shakes are notallowed, shall not be allowed as analternative material and shall not beinstalled or used on any new con-struction or re-roofing of any struc-ture.

c. Existing structures which have woodshingles or shakes may be repairedwith fire-retardant shingles or shakesof a comparable grade; however, own-ers shall have the option of install-ing any allowed class A, class B orclass C roofing material over theexisting wood shingles and shakesproviding the existing roof struc-tural system is adequate for modifi-cation. "Repair" means the replace-ment of damaged or destroyedshingles or shakes, provided the area

repaired does not exceed 25 percentof the square foot surface area of theroof. A wood shingle or shake roofmay not be replaced with wood shin-gles or shakes in increments whichare undertaken as repairs.

(q) Section 3303 of such code is hereby amendedby adding thereto a new section 3303.7 to provideas follows:

3303.7. Demolition time. The maximum timeperiod for a demolition permit shall be 45 daysafter the date of issuance of the permit, andthereafter a new permit must be obtained andthe permit fees paid.

When demolition is commenced it shall becompleted within seven days. The permit maybe renewed only once.

(r) Section 503 of such code, entitled "Generalheight and area limitations," is hereby deleted inits entirety.

(s) Section 504.2 of such code is amended bydeleting the following sentence:

For Group R buildings equipped throughoutwith an approved automatic sprinkler systemin accordance with section 903.3.1.2, the valuespecified in table 503 for maximum height isincreased by 20 feet (6,096 mm) and the max-imum number of stories is increased by onestory, but shall not exceed four stories or 60 feet(18,288 mm), respectively.

(Code 2002, § 3.102; Ord. No. 585, 6-19-2001; Ord.No. 627, 10-19-2004; Ord. No. 679, § 1, 2-27-2007;Ord. No. 737, § 1, 3-24-2009; Ord. No. 766, § 2,1-25-2011; Ord. No. 786, § 1, 3-27-2012)

Sec. 10-25. Appendices.

(a) The following appendices contained in theInternational Building Code are deleted in theirentirety: Appendix A, Employee Qualifications;Appendix B, Board of Appeals; Appendix D, FireDistricts; Appendix H, Signs; and Appendix I,Patio Covers.

(b) Appendices C, E, F, G, and J contained insuch code are hereby adopted.(Code 2002, § 3.103)


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Sec. 10-26. Future amendments.

Future amendments of such International Build-ing Code, 2009 Edition, not including clarifica-tions or technical notices of any type, are notadopted by this article and must be subsequentlyapproved and adopted by the city council.(Code 2002, § 3.104; Ord. No. 627, 10-19-2004;Ord. No. 786, § 1, 3-27-2012)

Sec. 10-27. Effect of code.

The building code adopted in this article shallnot be construed to relieve or lessen the respon-sibility of any person owning, operating or con-trolling any building or structure for any damagesto persons or property caused by defects, nor shallthe city council, the city, its agents or representa-tives assume any such liability by reason of theseregulations or the inspections authorized by suchcode or any permits or certificates issued undersuch code.(Code 2002, § 3.105)


ARTICLE III. RESIDENTIAL CODE

Sec. 10-58. International Residential Code

adopted.

The International Residential Code, 2009 Edi-tion, hereinafter sometimes referred to as the"code," as published by the International CodeCouncil, Inc., as amended in section 10-59, ishereby adopted and made applicable within thecity. A copy of the code shall be maintained on filein the office of the city secretary.(Code 2002, § 3.201; Ord. No. 628, 10-19-2004;Ord. No. 787, § 1, 3-27-2012)

State law reference—International Residential Code asthe municipal residential building code in the state, V.T.C.A.,Local Government Code § 214.212.


(a) Section R103 of the residential code ad-opted in this article is hereby deleted in itsentirety and a new section R103 is substitutedtherefor as follows:

R103. Department of building safety. Theenforcement of this code shall be under the

administrative and operational control of thebuilding official. The building official shall havesuch duties, and shall be selected and serve inthe position at the pleasure of the city counciland may be removed without cause by citycouncil. The building official may appoint dep-uties to assist him/her, subject to city councilapproval. Such deputies shall serve at thepleasure of the city council and may be re-moved without cause by city council.

(b) Section R104 of such code is hereby deletedin its entirety and a new section R104 is substi-tuted therefor as follows:

R104. Duties and powers of the buildingofficial.

R104.1. General. The building official ishereby authorized and directed to enforceall of the provisions of this code. Thebuilding official shall have the power torender interpretations of this code and toadopt and enforce written rules and sup-plemental regulations in order to clarifythe application of its provisions. Suchinterpretations, rules and regulations shallbe in conformance with the intent andpurpose of this code.

R104.2. Right of entry. When it is nec-essary to make an inspection to enforcethe provisions of this code, or when thebuilding official has reasonable cause tobelieve that there exists in a building orupon its premises a condition which iscontrary to or in violation of this codewhich makes the building or premisesunsafe, dangerous, or hazardous, the build-ing official may request entry. If entry isrefused, the building official shall haverecourse to the remedies provided by lawto secure entry.

R104.3. Stop orders. Whenever any workis being done contrary to the provisions ofthis code the building official may orderthe work stopped by notice in writingserved on any persons engaged in thedoing or causing such work to be done,and any such persons shall stop workuntil authorized in writing by the build-ing official to proceed with the work.


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R104.4. Modifications. When there arepractical difficulties involved in carryingout the provisions of this code, the build-ing official may grant modifications forindividual cases. The building official mustfind that a special reason makes the strictletter of this code impractical and thatmodification is in conformance with theintent and purpose of this code and thatsuch modification does not lessen accessi-bility, health, life and fire safety, or struc-tural integrity. The details of any actiongranting modifications shall be writtenand recorded and entered in the files ofthe city.

R104.5. Alternate materials, alterna-tive design and methods of construction.The provisions of this code are not in-tended to prevent the use of a material,alternate design or method of construc-tion not specifically prescribed by thiscode, provided any alternate has beenapproved by the building official.


The building official shall require thatsufficient written evidence or proof besubmitted to substantiate any claims thatmay be made regarding an alternate. Thedetails of any action granting approval ofan alternate shall be written and re-corded and entered in the files of the city.

R104.6. Tests. Whenever there is insuf-ficient evidence of compliance with any ofthe provisions of this code or evidencethat any material or work does not con-form to the requirements of this code, thebuilding official may require tests as proofof compliance to be made at no expense tothe city.



(c) Section R105.2 of such code is herebyamended by deleting exemptions listed as num-bers 1 through 5 under the heading "Building."

(d) Reserved.

(e) Reserved.

(f) Section R105 of such code is hereby amendedby adding a new section R105.10, which providesas follows:

R105.10. Liability insurance. The person orentity that will actually perform the work orservices covered by a permit shall provide tothe city evidence of comprehensive generalliability insurance, issued by a company li-censed to do business in the state, in theamounts, for the duration of the permit, andshall furnish certificates of insurance to thecity as evidence thereof. The certificates shallprovide that the insurance shall not be can-celed, reduced or changed without 30 days'advance notice to the city.

Comprehensive general liability insurancecovering all risks associated with the work,with a minimum bodily injury limit of$100,000.00, $300,000.00 per occurrence, and aproperty damage limit of $400,000.00, or aproperty damage limit equal to or exceedingthe amount of the contract amount, whicheveris greater.

(g) Section R108 of the code is amended byadding to section R108.2 the following provision:

R108.2. Schedule of permit fees. Fees shallbe charged as set by resolution or ordinance ofthe city council from time to time and shall bemaintained on file in the office of the citysecretary.


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(h) Section R108 of such code is hereby amendedby adding a new section R108.7, which providesas follows:

R108.7. Work commencing before permit is-suance. The fee for work commenced without apermit shall be double the fee set forth in thefee schedule adopted by the city.

(i) Section R110.1 of such code is deleted in itsentirety and a new section R110.1 is substitutedtherefor, which provides as follows:

R110.1. Use and occupancy. No building orstructure shall be used or occupied, and nochange in the existing occupancy classificationof a building or structure or portion thereofshall be made until the building official hasissued a certificate of occupancy therefor asprovided herein.

Issuance of a certificate of occupancy shallnot be construed as an approval of a violation ofthe provisions of this code or of other ordi-nances of the city.

Certificates presuming to give authority toviolate or cancel the provisions of this code orother ordinances of the city shall not be valid.

(j) Section R112.1 of the code is hereby deletedand new section R112.1 is substituted therefor asfollows:

R112.1. Appeals. Appeals of orders, decisionsor determinations made by the city's buildingofficial in interpreting or applying this codeshall be to the city council. The city council mayobtain the assistance of persons who are qual-ified by experience and training on a particularsubject under consideration.

(k) Section R112.3 of the code is hereby deletedin its entirety.

(l) Section R113 of the code is deleted in itsentirety and the penalty provision of section 1-8 ofthe Code of Ordinances is substituted in its place.

(m) Sections R905.7 and R905.8 of the code aredeleted in their entirety and a new section R905.7is substituted therefor as follows:

R905.7. Wood shingles and shakes.

a. Allowed roof coverings of any struc-ture regulated by this code shall beas provided in this section.

b. Wood shingles and shakes are notallowed, shall not be allowed as analternative material and shall not beinstalled or used on any new con-struction or re-roofing of any struc-ture.

c. Existing structures which have woodshingles or shakes may be repairedwith fire-retardant shingles or shakesof a comparable grade; however, own-ers shall have the option of install-ing any allowed class A, class B orclass C roofing material over theexisting wood shingles and shakesproviding the existing roof struc-tural system is adequate for modifi-cation. "Repair" means the replace-ment of damaged or destroyedshingles or shakes, provided the arearepaired does not exceed 25 percentof the square foot surface area of theroof. A wood shingle or shake roofmay not be replaced with wood shin-gles or shakes in increments whichare undertaken as repairs.

(Code 2002, § 3.202; Ord. No. 588, 6-19-2001; Ord.No. 737, § 1, 3-24-2009; Ord. No. 766, § 2, 1-25-2011; Ord. No. 787, § 1, 3-27-2012)

Sec. 10-60. Automatic sprinkler systems.

Automatic sprinkler systems are required asprovided by section 20-22.(Code 2002, § 3.203; Ord. No. 627, 10-19-2004;Ord. No. 679, § 2, 2-27-2007)

Sec. 10-61. Appendices.

(a) The following appendix contained in theInternational Residential Code is deleted in itsentirety: Appendix E, Manufactured Housing UsedAs Dwellings.

(b) Appendices A through D and F through Kcontained in the code are hereby adopted.(Code 2002, § 3.204; Ord. No. 588, 6-19-2001)


Future amendments of such International Res-idential Code, 2009 Edition, not including clarifi-


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cations or technical notices of any type, are notadopted by this article and must be subsequentlyapproved and adopted by the city council.(Code 2002, § 3.205; Ord. No. 627, 10-19-2004;Ord. No. 787, § 1, 3-27-2012)


The residential code adopted in this articleshall not be construed to relieve or lessen theresponsibility of any person owning, operating orcontrolling any building or structure for any dam-ages to persons or property caused by defects, norshall the city council, the city, its agents orrepresentatives assume any such liability by rea-son of these regulations or the inspections autho-rized by such code or any permits or certificatesissued under such code.(Code 2002, § 3.206)


ARTICLE IV. ENERGY CONSERVATION

CODE

Sec. 10-85. International Energy Conserva-

tion Code adopted.

The International Conservation Energy Code,2009 Edition, as published by the InternationalCode Council, Inc., hereinafter sometimes re-ferred to as the "code," is hereby adopted andmade applicable within the city. A copy of the codeshall be maintained on file in the office of the citysecretary.(Code 2002, § 3.1501; Ord. No. 788, § 1, 3-27-2012)


Future amendments, not including clarifica-tions or technical notices of any type, of theInternational Energy Conservation Code, 2009Edition, are not adopted by this article, and mustbe subsequently approved and adopted by the citycouncil.(Code 2002, § 3.1502; Ord. No. 631, 10-19-2004;Ord. No. 788, § 1, 3-27-2012)


The energy conservation code adopted in thisarticle shall not be construed to relieve or lessenthe responsibility of any person owning, operat-ing, or controlling any building or structure forany damages to persons or property caused bydefects, nor shall the city council, the city, itsagents or representatives assume any such liabil-ity by reason of these regulations or the inspec-tions authorized by such code or any permits orcertificates issued under such code.(Code 2002, § 3.1503)


ARTICLE V. PLUMBING CODE

Sec. 10-118. International Plumbing Code

adopted.

The International Plumbing Code, 2009 Edi-tion, hereinafter sometimes referred to as the"code," as published by the International CodeCouncil, Inc., as amended in section 10-119, ishereby adopted and made applicable within thecity. A copy of the code shall be maintained on filein the office of the city secretary.(Code 2002, § 3.301; Ord. No. 632, 10-19-2004;Ord. No. 789, § 1, 3-27-2012)


(a) Section 103 of the plumbing code adoptedin this article is deleted in its entirety and a newsection 103 substituted therefor as follows:

103. Department of plumbing inspection.The enforcement of this code shall be under theadministrative and operational control of thebuilding official. The building official shall beselected and serve in the position at the plea-sure of the city council and may be removedwithout cause by city council. The buildingofficial may appoint deputies to assist him/her,subject to city council approval. Such deputiesshall serve at the pleasure of the city counciland may be removed without cause by the citycouncil.


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(b) Section 104 of such code is deleted in itsentirety and a new section 104 substituted there-for as follows:

104. Duties and powers of the building offi-cial.

104.1. General. The building official ishereby authorized and directed to enforceall of the provisions of this code. Thebuilding official shall have the power torender interpretations of this code and toadopt and enforce written rules and sup-plemental regulations in order to clarifythe application of its provisions. Suchinterpretations, rules and regulations shallbe in conformance with the intent andpurpose of this code.

104.2. Reserved.

104.3. Stop orders. Whenever any workis being done contrary to the provisions ofthis code, the building official may orderthe work stopped by notice in writingserved on any persons engaged in thedoing or causing such work to be done,and any such persons shall stop workuntil authorized in writing by the build-ing official to proceed with the work.

104.4. Modifications. When there arepractical difficulties involved in carryingout the provisions of this code, the build-ing official may grant modifications forindividual cases. The building official mustfind that a special reason makes the strictletter of this code impractical and thatmodification is in conformance with theintent and purpose of this code, and thatsuch modification does not lessen accessi-bility, health, life and fire safety, or struc-tural integrity. The details of any actiongranting modifications shall be writtenand recorded and entered in the files ofthe city.

104.5. Alternate materials, alternativedesign and methods of construction. Theprovisions of this code are not intended toprevent the use of a material, alternatedesign or method of construction not spe-

cifically prescribed by this code, providedany alternate has been approved by thebuilding official.


The building official shall require thatsufficient written evidence or proof besubmitted to substantiate any claims thatmay be made regarding an alternate.

The details of any action granting ap-proval of an alternate shall be writtenand recorded and entered in the files ofthe city.




(c) Section 105 of such code is deleted in itsentirety.

(d) Reserved.


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(e) Section 106.6 of such code is deleted in itsentirety and a new section 106.6 is substituted inits place as follows:

106.6. Fees. Fees shall be charged as set byresolution or ordinance of the city council fromtime to time and kept on file in the office of thecity secretary. The fee for work commencedwithout a permit shall be double the fee setforth in the fee schedule adopted by the city.

(f) Section 106.6.3.2 of such code is amendedby substituting the figure 75 percent for thewords (Specify percentage).

(g) Section 106 of such code is amended byadding a new section 106.6.4, which provides asfollows:

106.6.4. State license. All persons perform-ing work in the city governed by this code shallbe licensed by the state, and shall submit to thecity proof of insurance as required by the stateor by statute.

(h) Reserved.

(i) Section 106 of such code is amended byadding a new section 106.6.6, which provides asfollows:

106.6.6. Demolition time. The maximum timeperiod for a demolition permit shall be 45 daysafter the date of issuance of the permit, andthereafter a new permit must be obtained andthe permit fees paid. When demolition is com-menced it shall be completed within sevendays. The permit may be renewed only once.

(j) Section 108 of such code is deleted in itsentirety and the penalty provision of section 1-8 ofthe Code of Ordinances is substituted in its place.

(k) Section 109 of such code is deleted in itsentirety and a new section 109 substituted there-for as follows:

109. Means of appeal. Appeals of orders,decisions or determinations made by the build-ing official in interpreting or applying suchcode shall be to the city council. The citycouncil may obtain the assistance of personswho are qualified by experience and trainingon the particular subject under consideration."

(l) Section 605 of such code is amended bydeleting any and all references to polybutylenepipe and tubing. Installation of polybutylene pipeand tubing, or use for repair, is prohibited.

(m) Section 702 of such code is amended bydeleting any and all references to concrete pipeand asbestos-cement pipe and tubing. Installa-tion of concrete pipe or asbestos-cement pipe andtubing, or use for repair, is prohibited.

(n) Appendix A, plumbing permit fee schedule,contained in the code is deleted its entirety andappendices B through G contained in such codeare hereby adopted.(Code 2002, § 3.302; Ord. No. 589, 6-19-2001; Ord.No. 737, § 1, 3-24-2009; Ord. No. 766, § 2, 1-25-2011; Ord. No. 789, § 1, 3-27-2012)


Future amendments (not including clarifica-tions or technical notices of any type) of theInternational Plumbing Code, 2009 Edition, arenot adopted by this article, and must be subse-quently approved and adopted by the city council.(Code 2002, § 3.303; Ord. No. 632, 10-19-2004;Ord. No. 789, § 1, 3-27-2012)


The plumbing code adopted in this article shallnot be construed to relieve or lessen the respon-sibility of any person owning, operating or con-trolling any building or structure for any damagesto persons or properly caused by defects nor shallthe city council, the city or its agents or represen-tatives assume any such liability by reason ofthese regulations or the inspections authorized bysuch code or any permits or certificates issuedunder such code.(Code 2002, § 3.304)


ARTICLE VI. MECHANICAL CODE

Sec. 10-141. International Mechanical Code

adopted.

The International Mechanical Code, 2009 Edi-tion, hereinafter sometimes referred to as the


CD10:14Supp. No. 7

"code," as published by the International CodeCouncil, Inc., as amended in section 10-142, ishereby adopted and made applicable within thecity. A copy of the code shall be maintained on filein the office of the city secretary.(Code 2002, § 3.401; Ord. No. 629, 10-19-2004;Ord. No. 790, § 1, 3-27-2012)


(a) Section 103 of the mechanical code adoptedin this article is deleted in its entirety and a newsection 103 substituted therefor as follows:

103. Department of building safety. The en-forcement of this code shall be under the ad-ministrative and operational control of the build-ing official. The building official shall be selectedand serve in the position at the pleasure of thecity council and may be removed without causeby city council. The building official may ap-point deputies to assist him/her, subject to citycouncil approval. Such deputies shall serve atthe pleasure of the city council and may beremoved without cause by the city council.

(b) Section 104 of such code is hereby deletedin its entirety and a new section 104 is substi-tuted therefor as follows:

104. Duties and powers of the building offi-cial.

104.1. General. The building official ishereby authorized and directed to enforceall of the provisions of this code. Thebuilding official shall have the power torender interpretations of this code and toadopt and enforce written rules and sup-plemental regulations in order to clarifythe application of its provisions. Suchinterpretations, rules and regulations shallbe in conformance with the intent andpurpose of this code.

104.2. Right of entry. When it is neces-sary to make an inspection to enforce theprovisions of this code, or when the build-ing official has reasonable cause to believethat there exists in a building or upon itspremises a condition which is contrary toor in violation of this code which makesthe building or premises unsafe, danger-

ous, or hazardous, the building officialmay request entry. If entry is refused, thebuilding official shall have recourse to theremedies provided by law to secure entry.

104.3. Stop orders. Whenever any workis being done contrary to the provisions ofthis code the building official may orderthe work stopped by notice in writingserved on any persons engaged in thedoing or causing such work to be done,and any such persons shall stop workuntil authorized in writing by the build-ing official to proceed with the work.

104.4. Modifications. When there arepractical difficulties involved in carryingout the provisions of this code, the build-ing official may grant modifications forindividual cases. The building official mustfind that a special reason makes the strictletter of this code impractical and thatmodification is in conformance with theintent and purpose of this code and thatsuch modification does not lessen accessi-bility, health, life and fire safety or struc-tural integrity. The details of any actiongranting modifications shall be writtenand recorded and entered in the files ofthe city.

104.5. Alternate materials, alternativedesign and methods of construction. Theprovisions of this code are not intended toprevent the use of a material, alternatedesign, or method of construction not spe-cifically prescribed by this code, providedany alternate has been approved by thebuilding official.


The building official shall require thatsufficient written evidence or proof be


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submitted to substantiate any claims thatmay be made regarding an alternate. Thedetails of any action granting approval ofan alternate shall be written and re-corded and entered in the files of the city.




(c) Section 105 of such code is deleted in itsentirety.

(d) Such code is amended by deleting section106.5 and appendix B, entitled "RecommendedPermit Fee Schedule" as fees shall be charged asset by resolution or ordinance of the city councilfrom time to time and kept on file in the office ofthe city secretary.

(e) Section 106.5.3.2 of such code is amendedby substituting the figure 75 percent for thewords (Specify percentage).

(f) Section 106 of such code is amended byadding a new section 106.5.4, which provides asfollows:

106.5.4. State license. All persons perform-ing work within the city governed by this codeshall be licensed by the state, and shall submitto the city proof of insurance as required by thestate or by statute.

(g) Section 106 of such code is amended byadding a new section 106.5.6, which provides asfollows:

106.5.6. Work commencing before permitissuance. The fee for work commenced withouta permit shall be double the fee set forth in thefee schedule adopted by the city.

(h) Section 108 of such code is deleted in itsentirety and the penalty provision of section 1-8 ofthe Code of Ordinances is substituted in its place.

(i) Section 109 of such code is deleted in itsentirety and a new section 109 substituted there-for as follows:

109. Means of appeal. Appeals of orders,decisions, or determinations made by the build-ing official in interpreting or applying this codeshall be to the city council. The city council mayobtain the assistance of persons who are qual-ified by experience and training on the partic-ular subject under consideration.

(j) Appendix A contained in the InternationalMechanical Code is hereby adopted.(Code 2002, § 3.402; Ord. No. 590, 6-19-2001; Ord.No. 737, § 1, 3-24-2009; Ord. No. 766, § 2, 1-25-2011; Ord. No. 790, § 1, 3-27-2012)


Future amendments, not including clarifica-tions or technical notices of any type, of theInternational Mechanical Code, 2009 Edition, arenot adopted by this article, and must be subse-quently approved and adopted by the city council.(Code 2002, § 3.403; Ord. No. 790, § 1, 3-27-2012)


The mechanical code adopted in this articleshall not be construed to relieve or lessen theresponsibility of any person owning, operating orcontrolling any building or structure for any dam-ages to persons or property caused by defects, norshall the city council, the city or its agents orrepresentatives assume any such liability by rea-son of these regulations or the inspections autho-rized by such code or any permits or certificatesissued under such code.(Code 2002, § 3.404)


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ARTICLE VII. ELECTRICAL CODE*

Sec. 10-172. Enforcement generally.

The provisions of this article shall apply to andgovern the supply of electricity and all sales,rentals, leases, uses, installations, alterations,repairs, removals, renewals, replacements, distri-butions, connections, disconnections and mainte-nance of all electrical equipment. For the purposeof this article, the term "electrical equipment"means all materials, wiring, conductors, fittings,devices, appliances, fixtures, signs and apparatusor parts thereof.

(1) The following activities are exempt fromthe provisions of this article:

a. The installation, alteration or repairof electrical generation, transmis-sion or distribution equipment, butnot utilization equipment, owned andoperated by an electrical public util-ity company or the city.

b. Any work in connection with electri-cal equipment used for radio andtelevision.

c. Any work associated with:

1. The repair of any plug-con-nected electrical appliances ordevices; or

2. The repair of permanently con-nected electrical appliances ordevices that have been electri-cally and mechanically discon-nected and separated from allsources of electrical supply by alicensed electrician. The open-ing of switches or blowing orremoval of fuses shall not beconsidered an electrical or me-chanical disconnection or sepa-ration.

d. The installation or replacement ofapproved fuses.

e. The installation or replacement ofpin-type lamps, screw-base lamps orplug-connected portable appliances.

(2) The National Electrical Code of 2008, asrecommended by the National Fire Pro-tection Association, is hereby adopted infull, except for portions that are deleted,modified or amended by subsection (3) ofthis section. A copy of such code as ad-opted hereby, is attached hereto and madea part hereof for all purposes and a copyshall be maintained on file in the office ofthe city secretary.

(3) The following amendments, modificationsand deletions to the National ElectricalCode, 2008 Edition, are hereby made:

a. All services shall be installed in rigidmetal conduit or electrical metallictubing, except that underground ser-vices or feeders may be run in ap-proved duct and, except where over-head services or feeders run betweentwo buildings within six feet of eachother, shall be run in rigid metalconduit, electrical metallic tubing orapproved busways. Where under-ground services or feeders are run inapproved duct, a continuous ground-ing wire or cable shall be installed inthis duct from metal to metal tomake a continuous ground and theminimum size of this wire or cableshall be that required for groundingthe alternating current circuits andservice equipment or interior race-way and equipment, as the case maybe. Where duct is used, it shall in nocase be smaller than two inches in-side diameter. Where duct is used, itshall be buried at least 18 inchesbelow the ground surface. The por-tion of the service ahead of the metercabinet shall not run through atticspaces. Where conduit fittings areused ahead of meter cabinets, thesame shall be of sealable type and

*State law reference—National Electrical Code as mu-nicipal electrical construction code, V.T.C.A., Local Govern-ment Code § 214.214.


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shall be plainly visible. In no casewill the use of electrical metallictubing or aluminum rigid conduit,be permitted within 12 inches of theground.

b. Where meters are installed in inac-cessible places in houses or build-ings and the electric public servicecompany desires to relocate such me-ter loops for convenience in the ren-dering of its service, it may uponrequest to the chief electrical inspec-tor have a licensed master electri-cian reinstall meter loops to a pointwhere the same would be located ifthe house or building were having anew system of wiring installed, andall such work so done at the requestof the electric public service com-pany shall be performed without costto the owner; unless such relocationis the result of such wiring havingbeen condemned by the chief electri-cal inspector for practices in viola-tion of the provisions of this or anyother ordinance of the city.

c. The meter cabinets and electricalmetering equipment through whichservice is rendered by the electricpublic service company to domesticestablishments and buildings com-bining domestic establishments withcommercial or industrial usage shallbe installed where readily accessibleon the exterior of the building. Fire-proof meter cabinets or meter sock-ets shall be supplied by the electricpublic service company and installedby the electrician performing thework, such meter cabinets to be lo-cated so the center of the opening forthe meter dial shall be not less thanfive feet nor more than six feet abovemean ground level and to be readilyaccessible to the electric public ser-vice company service. All service out-lets shall be located so as to permitplacing the electric public servicecompany's wires on the wall of the

building next to the supply and in nocase should be lower than ten feetfrom the ground level.

d. The electric public service companyshall never require the placing ofmeters on the front or street side of abuilding without the written consentof the owner; and where it is notpractical, in the opinion of the elec-trical inspector, to place meteringdevices on the exterior of the build-ing, such location shall be at a pointconvenient to the electric public ser-vice company's service as deter-mined by the electrical inspector.

e. Swimming pools. Article 680 of theNational Electrical Code of 2008 shallapply to swimming pools. All electri-cal work on swimming pools shall beperformed by or under the supervi-sion of a master electrician on aseparate permit apart from otherelectrical work on the same property.It shall be the master electrician'sresponsibility that all bonding (arti-cle 680-22) and all grounding (arti-cles 680-24 and 680-25) is inspectedand approved before it is covered.

f. Additions to existing wiring. Any ad-ditions to existing wiring shall beperformed and inspected the sameas new work. Service and panelboards shall be modified, if neces-sary, to comply with the provisions ofthe National Electrical Code of 2008.

g. The main grounding electrode at theservice must be an approved drivengrounding electrode and the maingrounding conductor must also beconnected to the cold water piping.

h. Only insulated copper conductors maybe used as the wiring method.

(Code 2002, § 3.631; Ord. No. 344, art. VI, 5-20-1980; Ord. No. 570, 3-21-2000; Ord. No. 791, § 1,3-27-2012)

Sec. 10-173. Registration of electricians.

Any person doing electrical work in the cityshall register their statewide license with the city


CD10:18Supp. No. 7

secretary and pay the registration fee as set byresolution or ordinance of the city council fromtime to time and kept on file in the office of thecity secretary.

Sec. 10-174—10-194. Reserved.

ARTICLE VIII. OUTDOOR LIGHTING

Sec. 10-195. Restrictions.

(a) It shall be unlawful for any person to causeor permit to be energized on property under hispossession or control any outdoor lighting includ-ing but not limited to spotlights, floodlights orsimilar illuminating devices which project a glareor brightness, directly or indirectly, upon any lot,tract or parcel of land, other than that upon whichsuch outdoor lighting is situated which annoys,disturbs, injures or endangers the comfort, re-pose, health, peace or safety of others within thelimits of the city.

(b) All outdoor lighting in the city consisting ofspotlights, floodlights or similar illuminating de-vices shall be installed, hooded, regulated, andmaintained by the owner or person in controlthereof in such a manner that the direct beam ofany such light shall be cast downward so that itwill not glare upon any lot, tract or parcel of landother than that upon which it is situated and sothat it will not cause or permit any illuminationfrom indirect lighting in excess of 0.5 footcandlein, on, or over the ground at or beyond theboundary of the lot, parcel or tract.(Code 2002, § 3.1201; Ord. No. 343, §§ 1, 2,5-20-1980)

Sec. 10-196. Permit and inspection—Re-

quired.

Any person desiring to install any outdoorlighting capable of illuminating, either by directbeam or spilled light on any property, shall firstobtain any and all construction and installationpermits required by other ordinances of the cityand in addition shall obtain from the city buildingofficial or his designate an outdoor lighting permitto make such installation. The installation shallbe made by a qualified electrician. Upon comple-tion of such outdoor lighting installation for which

the permit was granted, the electrician shall callfor an inspection by the city building official to bemade during hours of darkness with an accuratelight meter, which shall be furnished by theelectrician who made such installation. Both thebuilding official and such electrician shall bepresent at the time such inspection is made.(Code 2002, § 3.1202; Ord. No. 343, § 3, 5-20-1980)

Sec. 10-197. Same—Fees.

There shall be fees as set by resolution orordinance of the city council from time to time and


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kept on file in the office of the city secretary foroutdoor lighting permits and inspections. Suchschedule of fees shall be maintained in the officeof the city secretary. It shall be unlawful for theowner or person in control of such outdoor light-ing to cause the same to be turned on except forinspection purposes, until and unless the samemeets the requirements of this article and hasbeen inspected and finally approved by the build-ing official.(Code 2002, § 3.1203; Ord. No. 608, 12-17-2002)

Sec. 10-198. Existing lighting.

All existing outdoor lighting within the cityshall be brought into compliance with the provi-sions of this article within 90 days of the passageof the ordinance from which this section is de-rived; provided, however, permits for existingoutdoor lighting shall not be required unless suchlighting is altered or moved.(Code 2002, § 3.1204; Ord. No. 343, § 5, 5-20-1980)

Sec. 10-199. Game court lighting.

(a) Notwithstanding any other provision of thisarticle, it shall be unlawful for any person toconstruct, install or maintain any outdoor light-ing designed or used for the illumination of atennis court, paddleball court or other type gamecourt unless all of the area occupied by such courtis at least 100 feet from all boundary lines of theproperty upon which such court is situated.

(b) All outdoor lighting designed or used forthe purpose of illuminating tennis courts,paddleball courts or other type game courts shallbe extinguished not later than 10:00 p.m. andshall not be again turned on until after 8:00 a.m.of the following day.(Code 2002, § 3.1205; Ord. No. 343, §§ 6, 7,5-20-1980)

Sec. 10-200. Exception.

The provisions of this article shall not apply tostreetlights operated by or under the direction ofthe city.(Code 2002, § 3.1206; Ord. No. 343, § 8, 5-20-1980)


ARTICLE IX. FLOOD PLAIN

ADMINISTRATION


(a) Statutory authorization. The legislature ofthe state has, in V.T.C.A., Water Code § 16.311 etseq., delegated the responsibility to local govern-mental units to adopt regulations designed tominimize flood losses.

(b) Findings of fact.

(1) The flood hazard areas of the city aresubject to periodic inundation which re-sults in loss of life and property, healthand safety hazards, disruption of com-merce and governmental services and ex-traordinary public expenditures for floodprotection and relief, all of which ad-versely affect public health, safety andgeneral welfare.

(2) These flood losses are created by the cu-mulative effect of obstructions infloodplains which cause an increase inflood heights and velocities, and by theoccupancy of flood hazard areas by usesvulnerable to floods and hazardous toother lands because they are inadequatelyelevated, floodproofed or otherwise pro-tected from flood damage.

(c) Statement of purpose. It is the purpose ofthis article to promote public health, safety andgeneral welfare and to minimize public and pri-vate loss due to flood conditions in specific areasby provisions designed to:

(1) Protect human life and health;

(2) Minimize expenditure of public money forcostly flood control projects;

(3) Minimize the need for rescue and reliefefforts associated with flooding and gen-erally undertaken at the expense of thegeneral public;

(4) Minimize prolonged business interrup-tions;

(5) Minimize damage to public facilities andutilities such as water and gas mains,electric, telephone and sewer lines, streetsand bridges located in floodplains;


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(6) Help maintain a stable tax base by pro-viding for the sound use and developmentof floodprone areas in such a manner as tominimize future flood blight areas; and

(7) Ensure that potential buyers are notifiedthat property is in a flood area.

(d) Methods of reducing flood losses. In orderto accomplish its purposes, this article uses thefollowing methods:

(1) Restrict or prohibit uses that are danger-ous to health, safety or property in timesof flood, or cause excessive increases inflood heights or velocities;

(2) Require that uses vulnerable to floods,including facilities which serve such uses,are protected against flood damage at thetime of initial construction;

(3) Control the alteration of naturalfloodplains, stream channels and naturalprotective barriers which are involved inthe accommodation of floodwaters;

(4) Control filling, grading, dredging and otherdevelopment which may increase flooddamage; and

(5) Prevent or regulate the construction offlood barriers which will unnaturally di-vert floodwaters or which may increaseflood hazards to other lands.

(Code 2002, § 3.1301; Ord. No. 523, § 1, 10-15-1996)



Alluvial fan flooding means flooding occurringon the surface of an alluvial fan or similar landformthat originates at the apex and is characterizedby high-velocity flow, active processes of erosion,sediment transport and deposition and unpredict-able flow paths.

Apex means a point on an alluvial fan orsimilar landform below which the flow path of themajor stream that formed the fan becomes unpre-dictable and alluvial fan flooding can occur.

Area of shallow flooding means a designatedAO, AH or VO zone on a community's FloodInsurance Rate Map (FIRM) with a one percent orgreater annual chance of flooding to an averagedepth of one to three feet where a clearly definedchannel does not exist, where the path of floodingis unpredictable and where velocity flow may beevident. Such flooding is characterized by pond-ing or sheet flow.

Areas of special flood hazard means the land inthe floodplain within a community subject to aone percent or greater chance of flooding in anygiven year. The area may be designated as zone Aon the Flood Hazard Boundary Map (FHBM).After detailed ratemaking has been completed inpreparation for publication of the FIRM, zone Ausually is refined into zones A, AE, AH, AO,A1-99, VO, V1-30, VE or V.

Base flood means the flood having a one per-cent chance of being equaled or exceeded in anygiven year.

Basement means any area of a building havingits floor subgrade (below ground level) on allsides.

Critical feature means an integral and readilyidentifiable part of a flood protection system,without which the flood protection provided bythe entire system would be compromised.

Development means any manmade change inor to improved or unimproved real estate, includ-ing but not limited to the construction or alter-ation of buildings or other structures, mining,dredging, filling, grading, paving, excavation, drill-ing operations or storage of equipment or materi-als.

Elevated building means a building which doesnot contain a basement and which is:

(1) Built, in the case of a building, in zonesA1-30, AE, A, A99, AO, AH, B, C, X and D,to have the top of the elevated floor, or inthe case of a building in zones V1-30, VEor V, to have the bottom of the lowest


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horizontal structure member of the ele-vated floor, elevated above ground levelby means of pilings, columns (posts andpiers) or shear walls parallel to the floorof the water; and

(2) Adequately anchored so as not to impairthe structural integrity of the buildingduring a base flood. In the case of zonesA1-30, AE, A, A99, AO, AH, B, C, X and D,elevated building shall also include a build-ing elevated by means of fill or solidfoundation perimeter walls with openingssufficient to facilitate the unimpeded move-ment of floodwaters. In the case of zonesV1-30, VE or V, the term "elevated build-ing" shall also include a building other-wise meeting the definition of elevatedbuilding even though the lower area isenclosed by means of breakaway walls ifthe breakaway walls meet the standardsof section 60.3(e)(5) of the National FloodInsurance Program regulations.

Existing construction means, for the purposesof determining rates, structures for which thestart of construction commenced before the effec-tive date of the FIRM or before January 1, 1975,for FIRMs effective before that date. The term"existing construction" may also be referred to asexisting structures.

Existing manufactured home park or subdivi-

sion means a manufactured home park or subdi-vision for which the construction of facilities forservicing the lots on which the manufacturedhomes are to be affixed (including at a minimumthe installation of utilities, the construction ofstreets and either final site grading, or the pour-ing of concrete pads) is completed before theeffective date of the floodplain management reg-ulations adopted by the city.

Expansion to an existing manufactured home

park or subdivision means the preparation ofadditional sites by the construction of facilities forservicing the lots on which manufactured homesare to be affixed, including the installation ofutilities, the construction of streets and eitherfinal site grading or the pouring of concrete pads.

Flood or flooding means a general and tempo-rary condition of partial or complete inundation ofnormally dry land areas from:

(1) The overflow of inland or tidal waters; or

(2) The unusual and rapid accumulation ofrunoff of surface waters from any source.

Flood Insurance Rate Map (FIRM) means anofficial map of a community on which the FederalEmergency Management Agency (FEMA) has de-lineated both the areas of special flood hazard andthe risk premium zones applicable to the city.

Flood Insurance Study means the official re-port, identified as such, provided by FEMA. Thereport contains flood profiles, water surface ele-vation of the base flood, as well as the FloodBoundary-Floodway Map.

Flood protection system means those physicalstructural works for which funds have been au-thorized, appropriated and expended and whichhave been constructed specifically to modify flood-ing in order to reduce the extent of the areaswithin the city subject to a special flood hazardand the extent of the depths of associated flood-ing. Such a system typically includes hurricanetidal barriers, dams, reservoirs, levees or dikes.These specialized flood modifying works are thoseconstructed in conformance with sound engineer-ing standards.

Floodplain or floodprone area means any landarea susceptible to being inundated by water fromany source. See definition of flooding.

Floodplain management means the operationof an overall program of corrective and preventivemeasures for reducing flood damage, includingbut not limited to emergency preparedness plans,flood control works and floodplain managementregulations.

Floodplain management regulations means reg-ulations contained in zoning ordinances, subdivi-sion regulations, building codes, health regula-tions, special purpose ordinances (such as afloodplain ordinance, grading ordinance and ero-sion control ordinance) and other applications ofpolice power, in any combination thereof, whichprovide standards for the purpose of flood damageprevention and reduction.


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Floodproofing means any combination of struc-tural and nonstructural additions, changes oradjustments that reduce or eliminate flood dam-age to real estate or improved real property, waterand sanitary facilities, structures and/or theircontents.

Floodway or regulatory floodway means thechannel of a river or other watercourse and theadjacent land areas that must be reserved inorder to discharge the base flood without cumu-latively increasing the water surface elevationmore than a designated height.

Functionally dependent use means a use thatcannot perform its intended purpose unless it islocated or carried out in close proximity to water.The term includes only docking facilities that arenecessary for the loading and unloading of cargoor passengers, and shipbuilding and ship repairfacilities, but does not include longterm storage orrelated manufacturing facilities.

Highest adjacent grade means the highest nat-ural elevation of the ground surface prior toconstruction next to the proposed walls of a struc-ture.

Historic structure means any structure that is:

(1) Listed individually in the National Regis-ter of Historic Places (a listing main-tained by the Department of the Interior)or preliminarily determined by the Secre-tary of the Interior as meeting the require-ments for individual listing on the Na-tional Register;

(2) Certified or preliminarily determined bythe Secretary of the Interior as contribut-ing to the historical significance of a reg-istered historic district or a district pre-liminarily determined by the secretary toqualify as a registered historic district;

(3) Individually listed on the inventory ofhistoric places by a state historic preser-vation program which has been approvedby the Secretary of Interior; or

(4) Individually listed on an inventory of his-toric places by the county or the city,pursuant to a historic preservation pro-gram that has been certified either:

a. By a state program approved by theSecretary of the Interior; or

b. Directly by the Secretary of the In-terior.

Levee means a manmade improvement, usuallyan earthen embankment, designed and con-structed in accordance with sound engineeringpractices, to contain, control or divert the flow ofwater so as to provide protection from temporaryflooding.

Levee system means a flood protection systemthat consists of a levee and associated structures,such as closure and drainage devices, which areconstructed and operated in accordance with soundengineering practices.

Lowest floor means the lowest floor of thelowest enclosed area, including basement. Anunfinished or flood-resistant enclosure, suitablesolely for parking of vehicles, building access orstorage in an area other than a basement area isnot considered a building's lowest floor; provided,such enclosure is not built so as to render thestructure in violation of the applicable noneleva-tion design requirement of section 60.3 of theNational Flood Insurance Program regulations.

Manufactured home means a structure trans-portable in one or more sections, which is built ona permanent chassis and is designed for use withor without a permanent foundation when con-nected to the required utilities. The term "manu-factured home" does not include a recreationalvehicle.

Manufactured home park or subdivision meansa parcel or contiguous parcels of land divided intotwo or more manufactured home lots for rent orsale.

Mean sea level means, for purposes of theNational Flood Insurance Program, the NationalGeodetic Vertical Datum (NGVD) of 1929 or otherdatum to which base flood elevations shown on acommunity's FIRM are referenced.

New construction means, for the purpose ofdetermining insurance rates, structures for whichthe start of construction commenced on or afterthe effective date of an initial FIRM or afterDecember 31, 1974, whichever is later, and in-cludes any subsequent improvements to suchstructures. For floodplain management purposes,


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the term "new construction" shall mean struc-tures for which the start of construction com-menced on or after the effective date of a floodplainmanagement regulation adopted by the city andincludes any subsequent improvements to suchstructures.

New manufactured home park or subdivision

means a manufactured home park or subdivisionfor which the construction of facilities for servic-ing the lots on which the manufactured homes areto be affixed (including, at a minimum, the instal-lation of utilities, the construction of streets, andeither final site grading or the pouring of concretepads) is completed on or after the effective date offloodplain management regulations adopted bythe city.

Recreational vehicle means a vehicle which is:

(1) Built on a single chassis;

(2) Four hundred square feet or less whenmeasured at the largest horizontal projec-tions;

(3) Assigned to be self-propelled or perma-nently towable by a light duty truck; and

(4) Designed primarily for use not as a per-manent dwelling but as temporary livingquarters for recreational, camping, travelor seasonal use.

Start of construction (for other than new con-

struction or substantial improvements under the

Coastal Barrier Resources Act [Pub. L. 97-348])

includes substantial improvement and means thedate the building permit was issued, provided theactual start of construction, repair, reconstruc-tion, rehabilitation, addition, placement or otherimprovement was within 180 days of the permitdate. The term "actual start" means either thefirst placement of permanent construction of astructure on a site, such as the pouring of slab orfootings, the installation of piles, the constructionof columns or any work beyond the stage ofexcavation; or the placement of a manufacturedhome on a foundation. Permanent constructiondoes not include land preparation, such as clear-ing, grading and filling; nor does it include theinstallation of streets and/or walkways; nor doesit include excavation for basement, footings, piersor foundations, or the erection of temporary forms;

nor does it include the installation on the prop-erty of accessory buildings, such as garages orsheds, not occupied as dwelling units or not partof the main structure. For a substantial improve-ment, the actual start of construction means thefirst alteration of any wall, ceiling, floor or otherstructural part of a building, whether or not thatalteration affects the external dimensions of thebuilding.

Structure means a walled and roofed building,including a gas or liquid storage tank that isprincipally above ground as well as a manufac-tured home.

Substantial damage means damage of any or-igin sustained by a structure whereby the cost ofrestoring the structure to its before-damaged con-dition would equal or exceed 50 percent of themarket value of the structure before the damageoccurred.

Substantial improvement means any reconstruc-tion, rehabilitation, addition or other improve-ment of a structure, the cost of which equals orexceeds 50 percent of the market value of thestructure before start of construction of the im-provement. This includes structures that haveincurred substantial damage, regardless of theactual repair work performed. The term does not,however, include either:

(1) Any project for the improvement of astructure to correct existing violations ofstate or local health, sanitary or safetycode specifications which have been iden-tified by the local code enforcement offi-cial and which are the minimum neces-sary conditions; or

(2) Any alteration of a historic structure pro-vided that the alteration will not precludethe structure's continued designation as ahistoric structure.

Variance means a grant of relief to a personfrom the requirement of this article when specificenforcement would result in unnecessary hard-ship. A variance, therefore, permits constructionor development in a manner otherwise prohibitedby this article. For full requirements, see section60.65 of the National Flood Insurance Programregulations.


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Violation means the failure of a structure orother development to be fully compliant with thecommunity's floodplain management regulations.A structure or other development without theelevation certificate, other certifications or otherevidence of compliance required in section60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4) or(e)(5) is presumed to be in violation until suchtime as that documentation is provided.

Water surface elevation means the height, inrelation to the North American Vertical Datum(NAVD 88), or other datum where specified, offloods of various magnitudes and frequencies inthe floodplains of coastal or riverine areas.(Code 2002, § 3.1302; Ord. No. 523, § 2, 10-15-1996)

Sec. 10-221. General provisions.

(a) Land to which this article applies. Thisarticle shall apply to all areas of special floodhazard within the corporate limits of the city.

(b) Basis for establishing areas of special flood

hazard. The areas of special flood hazard identi-fied by the Federal Emergency ManagementAgency (FEMA) in a scientific and engineeringreport entitled "The Flood Insurance Study forHarris County, Texas," dated September 30, 1992,with accompanying Flood Insurance Rate Mapsand Flood Boundary-Floodway Maps (FIRM andFBFM) and any revisions thereto are herebyadopted by reference and declared to be a part ofthis article.

(c) Development permit. It shall be unlawfulfor any person to cause or allow any new construc-tion, substantial improvements or any other de-velopment to or on any tract of land owned oroccupied by such person, within the corporatelimits of the city, without having first received adevelopment permit therefor issued in accordancewith this article to ensure conformance with theprovisions of this article.

(d) Compliance. No structure or land shallhereafter be located, altered or have its use changedwithout full compliance with the terms of thisarticle and other applicable regulations.

(e) Abrogation and greater restrictions. Thisarticle is not intended to repeal, abrogate orimpair any existing easement, covenant or deedrestriction. However, where this article and an-other ordinance, easement, covenant or deed re-striction conflict or overlap, whichever imposesthe more stringent restrictions shall prevail.

(f) Interpretation. In the interpretation andapplication of this article, all provisions shall be:

(1) Considered as minimum requirements;

(2) Liberally construed in favor of the citycouncil; and

(3) Deemed neither to limit nor repeal anyother powers granted under state stat-utes.

(g) Warning and disclaimer of liability. Thedegree of flood protection required by this articleis considered reasonable for regulatory purposesand is based on scientific and engineering consid-erations. On rare occasions greater floods can andwill occur, and flood heights may be increased bymanmade or natural causes. This article shall notcreate liability on the part of the community orany official or employee thereof for any flooddamages that result from reliance on this articleor any administrative decision lawfully madethereunder.(Code 2002, § 3.1303; Ord. No. 523, § 3, 10-15-1996)

Sec. 10-222. Administration.

(a) Designation of city engineer as administra-

tive officer. The city engineer is hereby appointedthe floodplain administrator to administer andimplement the provisions of this article and otherappropriate sections of 44 CFR (National FloodInsurance Program Regulations) pertaining tofloodplain management.

(b) Duties and responsibilities of the adminis-

trative officer. Duties and responsibilities of thefloodplain administrator shall include, but not belimited to, the following:

(1) Maintain and hold open for public inspec-tion all records pertaining to the provi-sions of this article.


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(2) Review permit applications to determinewhether a proposed building site, includ-ing the placement of manufactured homes,will be reasonably safe from flooding.

(3) Review, approve or deny all applicationsfor development permits required by adop-tion of the ordinance from which thisarticle is derived.

(4) Review permits for proposed developmentto ensure that all necessary permits havebeen obtained from those federal, state orlocal governmental agencies (including sec-tion 505 or the Federal Water PollutionControl Act Amendments of 1972, 33 USC1334) from which prior approval is re-quired.

(5) Where interpretation is needed as to theexact location of the boundaries of theareas of special flood hazard (for example,where there appears to be a conflict be-tween a mapped boundary and actualfield conditions) the floodplain adminis-trator shall make the necessary interpre-tation.

(6) Notify, in riverine situations, adjacent com-munities and the state coordinating agencyprior to any alteration or relocation of awatercourse, and submit evidence of suchnotification to the Federal Emergency Man-agement Agency.

(7) Ensure that the flood-carrying capacitywithin the altered or relocated portion ofany watercourse is maintained.

(8) When base flood elevation data has notbeen provided in accordance with section10-221(b) obtain, review and reasonablyutilize any base flood elevation data andfloodway data available from a federal,state or other source to administer theprovisions of section 10-223.

(9) When a regulatory floodway has not beendesignated, require that no new construc-tion, substantial improvement or otherdevelopment (including fill) shall be per-mitted within zones A1-30 and AE on thecommunity's FIRM, unless it is demon-strated that the cumulative effect of the

proposed development, when combinedwith all other existing and anticipateddevelopment, will not increase the watersurface elevation of the base flood morethan one foot at any point within thecommunity.

(c) Permit procedures.

(1) Application for a development permit shallbe presented to the floodplain administra-tor on forms furnished by him/her andshall include but not be limited to plans induplicate drawn to scale showing the lo-cation, dimensions and elevation of pro-posed landscape alterations, existing andproposed structures, including the place-ment of manufactured homes and thelocation of the foregoing in relation toareas of special flood hazard. Additionally,the following information shall be re-quired:

a. Elevation, in relation to mean sealevel, of the lowest floor (includingbasement) of all new and substan-tially improved structures;

b. Elevation, in relation to mean sealevel, to which any nonresidentialstructure shall be floodproofed;

c. A certificate from a registered pro-fessional engineer or architect thatthe nonresidential floodproofed struc-ture shall meet the floodproofing cri-teria of section 10-223(b)(2);

d. Description of the extent to whichany watercourse or natural drainagewill be altered or relocated as a re-sult of proposed development;

e. The floodplain administrator shallmaintain a record of all such infor-mation in accordance with subsec-tion (b)(1) of this section.

(2) Approval or denial of a development per-mit by the floodplain administrator shallbe based on all of the provisions of thisarticle and the following relevant factors:

a. The danger to life and property dueto flooding or erosion;


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b. The susceptibility of the proposedfacility and its contents to flood dam-age and the effect of such damage onthe individual owner;

c. The danger that materials may beswept onto other lands to the injuryof others;

d. The compatibility of the proposeduse with existing and anticipateddevelopment;

e. The safety of access to the propertyin times of flood for ordinary andemergency vehicles;

f. The costs of providing governmentalservices during and after flood con-ditions, including maintenance andrepair of streets and bridges andpublic utilities and facilities such assewer, gas, electrical and water sys-tems;

g. The expected height, velocity, dura-tion, rate of rise and sediment trans-port of the floodwaters and the ef-fects of wave action, if applicable,expected at the site;

h. The necessity to the facility of awaterfront location, where applica-ble;

i. The availability of alternative loca-tions, not subject to flooding or ero-sion damage, for the proposed use;

j. The relationship of the proposed useto the comprehensive plan for thatarea;

k. The impact to adjacent and neigh-boring properties, as it relates todrainage, flood levels and flood dam-age potential, reasonably expectedas a result of the proposed develop-ment.

(3) The floodplain administrator may issue adevelopment permit without an applicantsubmitting all or any part of the informa-tion required in subsection (c)(1) of thissection, if the application is for a develop-ment located wholly outside an area ofspecial flood hazard, and such administra-

tor determines that there exists sufficientavailable data relating to the informationbeing waived.

(d) Variance procedures.

(1) The appeal board shall be appointed bycity council to hear and render judgmenton requests for variances from the require-ments of this article.

(2) The appeal board shall hear and renderjudgment on an appeal only when it isalleged there is an error in any require-ment, decision or determination made bythe floodplain administrator in the enforce-ment or administration of this article.

(3) Any person aggrieved by the decision ofthe appeal board may appeal such deci-sion to a court of competent jurisdiction.

(4) The floodplain administrator shall main-tain a record of all actions involving anappeal and shall report variances to theFederal Emergency Management Agencyupon request.

(5) Variances may be issued for the recon-struction, rehabilitation or restoration ofstructures listed on the National Registerof Historic Places or the State Inventoryof Historic Places, without regard to theprocedures set forth in the remainder ofthis article.

(6) Variances may be issued for new construc-tion and substantial improvements to beerected on a lot of one-half acre or less insize contiguous to and surrounded by lotswith existing structures constructed be-low the base flood level, provided therelevant factors in subsection (c)(2) of thissection have been fully considered. As thelot size increases beyond the one-half acre,the technical justification required for is-suing the variance shall be increased pro-portionately.

(7) Upon consideration of the factors noted inthis section and the intent of this article,the appeal board may attach such condi-tions to the granting of variances as it


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deems necessary to further the purposeand objectives of this article (see section10-219(c)).

(8) Variances shall not be issued within anydesignated floodway if any increase inflood levels during the base flood dis-charge would result.

(9) Variances may be issued for the repair orrehabilitation of historic structures upona determination that the proposed repairor rehabilitation will not preclude thestructure's continued designation as a his-toric structure and the variance is theminimum necessary to preserve the his-toric character and design of the struc-ture.

(10) Prerequisites for granting variances:

a. Variances shall only be issued upona determination that the variance isthe minimum necessary, consideringthe flood hazard, to afford relief.

b. Variances shall only be issued upon:

1. Showing a good and sufficientcause;

2. A determination that failure togrant the variance would resultin exceptional hardship to theapplicant; and

3. A determination that the grant-ing of a variance will not resultin increased flood heights, ad-ditional threats to public safety,extraordinary public expense,create nuisances, cause fraudon or victimization of the publicor conflict with existing locallaws or ordinances.

c. Any applicant to whom a variance isgranted shall be given written noticethat the structure will be permittedto be built with the lowest floor ele-vation below the base flood eleva-tion, and that the cost of flood insur-ance will be commensurate with theincreased risk resulting from the re-duced lowest floor elevation.

(11) Variances may be issued for new construc-tion and substantial improvements andfor other development necessary for theconduct of a functionally dependent use,provided that: (i) the criteria outlined insubsection (d)(9) are met; and (ii) thestructure or other development is pro-tected by methods that minimize flooddamages during the base flood and createno additional threats to public safety.

(Code 2002, § 3.1304; Ord. No. 523, § 4, 10-15-1996)

Sec. 10-223. Provisions for flood hazard re-

duction.

(a) General standards.

(1) All new construction or substantial im-provements shall be designed or modifiedand adequately anchored to prevent flota-tion, collapse or lateral movement of thestructure resulting from hydrodynamicand hydrostatic loads, including the ef-fects of buoyancy;

(2) All new construction or substantial im-provements shall be constructed by meth-ods and practices that minimize flooddamage;

(3) All new construction or substantial im-provements shall be constructed with ma-terials resistant to flood damage;

(4) All new construction or substantial im-provements shall be constructed with elec-trical, heating, ventilation, plumbing andair conditioning equipment and other ser-vice facilities that are designed and/orlocated so as to prevent water from enter-ing or accumulating within the compo-nents during conditions of flooding;

(5) All new and replacement water supplysystems shall be designed to minimize oreliminate infiltration of floodwaters intothe system;

(6) All new and replacement sanitary sewagesystems shall be designed to eliminateinfiltration of floodwaters into the systemand discharge from the systems into flood-waters; and


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(7) On-site waste disposal systems shall belocated to avoid impairment or contami-nation during flooding.

(b) Specific standards. In all areas of specialflood hazards where base flood elevation data hasbeen provided as set forth in section 10-221(b),section 10-222(b)(8), or subsection (c)(3) of thissection, the following provisions shall apply:

(1) Residential construction. New construc-tion and substantial improvement of anyresidential structure shall have the low-est floor, including basement, elevated toor above the base flood elevation. A regis-tered professional engineer, architect orland surveyor shall submit a certificationto the floodplain administrator that thestandard of this subsection, as proposedin section 10-222(c)(1)a., is satisfied.

(2) Nonresidential construction. New construc-tion and substantial improvements of anycommercial, industrial or other nonresi-dential structure shall either have thelowest floor (including basement) ele-vated to or above the base flood level or,together with attendant utility and sani-tary facilities, be designed so that belowthe base flood level the structure is water-tight with walls substantially imperme-able to the passage of water and withstructural components having the capa-bility of resisting hydrostatic and hydro-dynamic loads and effects of buoyancy. Aregistered professional engineer or archi-tect shall develop and/or review struc-tural design, specifications and plans forthe construction, and shall certify thatthe design and methods of constructionare in accordance with accepted stan-dards of practice as outlined in this sub-section.Arecord of such certification, whichincludes the specific elevation (in relationto mean sea level) to which such struc-tures are floodproofed, shall be main-tained by the floodplain administrator.

(3) Enclosures. New construction and substan-tial improvements with fully enclosed ar-eas below the lowest floor that are usablesolely for parking of vehicles, building

access or storage in an area other than abasement and which are subject to flood-ing shall be designed to automaticallyequalize hydrostatic flood forces on exte-rior walls by allowing for the entry andexit of floodwaters. Designs for meetingthis requirement must either be certifiedby a registered professional engineer orarchitect or meet or exceed the followingminimum criteria:

a. A minimum of two openings havinga total net area of not less than onesquare inch for every square foot ofenclosed area subject to flooding shallbe provided.

b. The bottom of all openings shall beno higher than one foot above grade.

c. Openings shall not be equipped withscreens, louvers, valves or other cov-erings or devices unless they permitthe automatic entry and exit of flood-waters.

(4) Manufactured homes.

a. Require that all manufactured homesto be placed within zone A on acommunity's FHBM or FIRM shallbe installed using methods and prac-tices which minimize flood damage.For the purpose of this requirement,manufactured homes must be ele-vated and anchored to resist flota-tion, collapse or lateral movement.Methods of anchoring may includebut are not limited to use of over-the-top or frame ties to ground anchors.This requirement is in addition toapplicable state and local anchoringrequirements for resisting windforces.

b. Manufactured homes that are placedor substantially improved withinzones A1-30, AH and AE on thecommunity's FIRM on sites:

1. Outside of a manufactured homepark or subdivision;

2. In a new manufactured homepark or subdivision;


CD10:28

3. In an expansion to an existingmanufactured home park or sub-division; or

4. In an existing manufacturedhome park or subdivision onwhich a manufactured home hasincurred substantial damage asa result of a flood;

shall be elevated on a permanentfoundation such that the lowest floorof the manufactured home is ele-vated to or above the base flood ele-vation, and shall be securely an-chored to an adequately anchoredfoundation system to resist flotation,collapse and lateral movement.

c. Manufactured homes placed or sub-stantially improved on sites withinan existing manufactured home parkor subdivision within zones A1-30,AH and AE on the community's FIRMthat are not subject to the provisionsof subsection (4) shall be elevated sothat either:

1. The lowest floor of the manu-factured home is at or abovethe base flood elevation; or

2. The manufactured home chas-sis is supported by reinforcedpiers or other foundation ele-ments of at least equivalentstrength that are no less than36 inches in height above gradeand securely anchored to anadequately anchored founda-tion system to resist flotation,collapse, and lateral movement.

(5) Recreational vehicles. Recreational vehi-cles placed on sites within zones Al-30,AH and AE on the community's FIRMshall either:

a. Be on the site for fewer than 180consecutive days;

b. Be fully licensed and ready for high-way use; or

c. Meet the permit requirements of sec-tion 10-222(c)(1), and the elevation

and anchoring requirements for man-ufactured homes in subsection (b)(4)of this section.

A recreational vehicle is ready for high-way use if it is on its wheels or jackingsystem, is attached to the site only byquick-disconnect-type utilities and secu-rity devices, and has no permanently at-tached additions.

(c) Standards for subdivision proposals.

(1) All subdivisions shall be consistent withsection 10-219(b), (c) and (d).

(2) All proposals for the development of sub-divisions, including manufactured homeparks and subdivisions, shall meet devel-opment permit requirements of section10-221(c) and section 10-222(c), and theprovisions of this section.

(3) Base flood elevation data shall be gener-ated for subdivision proposals and otherproposed development, including manu-factured home parks and subdivisions,which is greater than 50 lots or five acres,whichever is less, if not otherwise pro-vided pursuant to section 10-221(b) orsection 10-222(b)( 8).

(4) All subdivision proposals including man-ufactured home parks and subdivisionsshall have adequate drainage provided toreduce exposure to flood hazards.

(5) All subdivision proposals including man-ufactured home parks and subdivisionsshall have public utilities and facilitiessuch as sewer, gas, electrical and watersystems located and constructed to mini-mize or eliminate flood damage.

(d) Standards for areas of shallow flooding,

AO/AH zones. Located within the areas of specialflood hazard established in section 10-221(b) areareas designated as shallow flooding. These areashave special flood hazards associated with baseflood depths of one to three feet where a clearlydefined channel does not exist and where the pathof flooding is unpredictable and where velocity


CD10:29Supp. No. 7

flow may be evident. Such flooding is character-ized by ponding or sheet flow; therefore, thefollowing provisions apply:

(1) All new construction and substantial im-provements of residential structures shallhave the lowest floor (including base-ment) elevated above the highest adjacentgrade at least as high as the depth num-ber specified in feet on the community'sFIRM (at least two feet if no depth num-ber is specified).

(2) All new construction and substantial im-provements of nonresidential structuresshall:

a. Have the lowest floor (including base-ment) elevated above the highestadjacent grade at least as high asthe depth number specified in feeton the community's FIRM (at leasttwo feet if no depth number is spec-ified); or

b. Together with attendant utility andsanitary facilities, be designed sothat below the base flood level thestructure is watertight with wallssubstantially impermeable to the pas-sage of water and with structuralcomponents having the capability ofresisting hydrostatic and hydrody-namic loads and effects of buoyancy.

(3) A registered professional engineer or ar-chitect shall submit a certification to thefloodplain administrator that the stan-dards of this section, as proposed in sec-tion 10-222(c)(1)a are satisfied.

(4) Require within zones AH or AO that ade-quate drainage paths shall be providedaround structures on slopes, to guide flood-waters around and away from proposedstructures.

(e) Floodways. Located within areas of specialflood hazard established in section 10-221(b) areareas designated as floodways. Since the floodwayis an extremely hazardous area due to the velocity

of floodwaters which carry debris, potential pro-jectiles and erosion potential, the following provi-sions shall apply:

(1) Encroachments shall be prohibited, includ-ing fill, new construction, substantial im-provements and other development, withinthe adopted regulatory floodway unless ithas been demonstrated through hydro-logic and hydraulic analyses performed inaccordance with standard engineering prac-tices that the proposed encroachment wouldnot result in any increase in flood levelswithin the city or adjacent areas duringthe occurrence of the base flood discharge.

(2) If subsection (e)(1) of this section is satis-fied, all new construction and substantialimprovements shall comply with all appli-cable flood hazard reduction provisions ofthis section.

(Code 2002, § 3.1305; Ord. No. 523, § 5, 10-15-1996)

Sec. 10-224. Reserved.

ARTICLE X. FUEL GAS CODE

Sec. 10-225. International Fuel Gas Code ad-

opted.

The International Fuel Gas Code, 2009 Edi-tion, hereinafter sometimes referred to as the"code," as published by the International CodeCouncil, Inc., as may be amended in section10-226, is hereby adopted and made applicablewithin the city. A copy of the code shall be main-tained on file in the office of the city secretary.(Ord. No. 792, § 1, 3-27-2012)

Sec. 10-226. Amendments (reserved).


Future amendments (not including clarifica-tions or technical notices of any type) of theInternational Fuel Gas Code are not adopted bythis article, and must be subsequently approvedand adopted by the city council.(Ord. No. 792, § 1, 3-27-2012)


CD10:30Supp. No. 7


The code adopted in this article shall not beconstrued to relieve or lessen the responsibility ofany person owning, operating or controlling anybuilding or structure for any damages to personsor property caused by defects nor shall the citycouncil, the city or its agents or representativesassume any such liability by reason of theseregulations or the inspections authorized by suchcode or any permits or certificates issued undersuch code.(Ord. No. 792, § 1, 3-27-2012)


ARTICLE XI. EXISTING BUILDING CODE

Sec. 10-240. International Existing Build-

ing Code adopted.

The International Existing Building Code, 2009Edition, hereinafter sometimes referred to as the"code," as published by the International CodeCouncil, Inc., as may be amended in section10-241, is hereby adopted and made applicablewithin the city. A copy of the code shall be main-tained on file in the office of the city secretary.(Ord. No. 793, § 1, 3-27-2012)

Sec. 10-241. Amendments (reserved).


Future amendments (not including clarifica-tions or technical notices of any type) of theInternational Existing Building Code are not ad-opted by this article, and must be subsequentlyapproved and adopted by the city council.(Ord. No. 793, § 1, 3-27-2012)


The code adopted in this article shall not beconstrued to relieve or lessen the responsibility ofany person owning, operating or controlling anybuilding or structure for any damages to personsor property caused by defects nor shall the citycouncil, the city or its agents or representativesassume any such liability by reason of these

regulations or the inspections authorized by suchcode or any permits or certificates issued undersuch code.(Ord. No. 793, § 1, 3-27-2012)



CD10:31Supp. No. 7

Chapter 11

RESERVED

CD11:1

Chapter 12

CABLE TELEVISION

Sec. 12-1. Rate regulation.

CD12:1

Sec. 12-1. Rate regulation.

The city will exercise its authority to regulatecable television operating within its jurisdictionto the full extent allowed under law.(Code 2002, § 4.700)

§ 12-1CABLE TELEVISION

CD12:3

Chapter 13

RESERVED

CD13:1

Chapter 14

EMERGENCY MANAGEMENT*

Sec. 14-1. Organization.Sec. 14-2. Director powers, duties and responsibilities.Sec. 14-3. Interjurisdictional program.Sec. 14-4. Composition, form, functions the of operational organization.Sec. 14-5. Unauthorized warning signals a violation.Sec. 14-6. This article superseding existing regulations.Sec. 14-7. State or federal statutes.Sec. 14-8. Liability.Sec. 14-9. Commitment to contracts, funds.Sec. 14-10. Violations; penalty.Sec. 14-11. Oath.Sec. 14-12. National Incident Management System adopted.

*State law references—Emergency management, V.T.C.A., Government Code ch. 418; municipal programs, V.T.C.A.,Government Code § 418.103.

CD14:1

Sec. 14-1. Organization.

The mayor shall be the emergency manage-ment director of the city in accordance with statelaw.

(1) An emergency management coordinatormay be appointed by and serve at thepleasure of the director.

(2) The director shall be responsible for con-ducting a program of comprehensive emer-gency management within the city andfor carrying out the duties and responsi-bilities set forth in section 14-2. He maydelegate authority for execution of theseduties to the coordinator, but ultimateresponsibility for such execution shall re-main with the director.

(Code 2002, § 1.701; Ord. No. 620, 2-17-2004)

Sec. 14-2. Director powers, duties and re-

sponsibilities.

(a) The powers and duties of the director shallinclude an ongoing survey of actual or potentialmajor hazards which threaten life and propertywithin the city and an ongoing program of iden-tifying and requiring or recommending the imple-mentation of measures which would tend to pre-vent the occurrence or reduce the impact of suchhazards if a disaster did occur. As part of hisresponsibility in hazards mitigation, the directorshall supervise the development of an emergencymanagement plan for the city and shall recom-mend that plan for adoption by the city councilalong with all mutual aid plans and agreementswhich are deemed essential for the implementa-tion of such emergency management plan. Thepowers of the director shall include the authorityto declare a state of disaster, but such action maybe subject to confirmation by the city council at itsnext meeting. The duties of the director shall alsoinclude the causing of a survey if the availabilityof exiting personnel, equipment, supplies andservices which could be used during a disaster, asprovided for herein, as well as, a continuing studyof the need for amendments and improvements inthe emergency management plan.

(b) The duties and responsibilities of the emer-gency management director shall include the fol-lowing:

(1) The direction and control of the actualdisaster operations of the city emergency

management organization as well as thetraining of emergency management per-sonnel.

(2) The determination of all questions of au-thority and responsibilities that may arisewithin the emergency management orga-nization of the city.

(3) The maintenance of necessary liaison withmunicipal, county, district, state, regional,federal or other emergency managementorganizations.

(4) The marshalling, after declaration of adisaster as provided for in this section, ofall necessary personnel, equipment or sup-plies from any department of the city toaid in the carrying out of the provisions ofthe emergency management plan.

(5) The issuance of all necessary proclama-tions as to the existence of a disaster andthe immediate operational effectivenessof the emergency management plan.

(6) The issuance of reasonable rules, regula-tions or directives which are necessary forthe protection of life and property in thecity. Such rules and regulations shall befiled in the office of the city secretary andshall receive widespread publicity, unlesspublicity would be of aid and comfort tothe enemy.

(7) The supervision of the drafting and exe-cution of mutual aid agreements in coop-eration with the representatives of thestate and of other political subdivisions ofthe state, and the drafting and execution,if deemed desirable, of an agreement withthe county in which such city is locatedand with other municipalities within thecounty for the countywide coordination ofemergency management efforts.

(8) The supervision of and final authorizationfor the procurement of all necessary sup-plies and equipment including acceptanceof private contribution which may be of-fered for the purpose of improving emer-gency management within the city.

§ 14-2EMERGENCY MANAGEMENT

CD14:3

(9) The authorizing of agreements, after ap-proval by the city attorney, for use ofprivate property for public shelter andother purposes.

(Code 2002, §§ 1.702, 1.704; Ord. No. 620, 2-17-2004)

Sec. 14-3. Interjurisdictional program.

The mayor is hereby authorized to join with thecounty judge and the mayors of the other cities insuch county in the formation of an emergencymanagement council for the county and shallhave the authority to cooperate in the preparationof a joint emergency management coordinator, aswell as, all powers necessary to participate in acountywide program of emergency managementinsofar as such program may affect the city.(Code 2002, § 1.703; Ord. No. 620, 2-17-2004)

Sec. 14-4. Composition, form, functions the

of operational organization.

The operational emergency management orga-nization of the city shall consist of the officers andemployees of the city so designated by the directorin the emergency management plan as well as allorganized volunteer groups. The functions andduties of this organization shall be distributedamong such officers and employees in accordancewith the terms of the emergency plan. Such planshall set forth the form of the organization, estab-lish and designate divisions and functions, assigntasks, duties and powers, and designate officersand employees to carry out the provision of thisarticle. Insofar as possible, the form of organiza-tion, titles and terminology shall conform to therecommendations of the state division of emer-gency management and of the federal govern-ment.(Code 2002, § 1.705; Ord. No. 620, 2-17-2004)

Sec. 14-5. Unauthorized warning signals a

violation.

Any unauthorized person who shall operate asiren or other device so as to simulate a warningsignal or the termination of a warning shall bedeemed guilty of a violation of this article.(Code 2002, § 1.706; Ord. No. 620, 2-17-2004)

Sec. 14-6. This article superseding existing

regulations.

At all times when the orders, rules and regu-lations made and promulgated pursuant to thisarticle shall be in effect, they shall supersede andoverride all existing ordinances, orders, rules andregulations insofar as the latter may be inconsis-tent therewith.(Code 2002, § 1.707; Ord. No. 620, 2-17-2004)

Sec. 14-7. State or federal statutes.

This article shall not be construed so as toconflict with any state or federal statute or withany military or naval order, rule or regulation.(Code 2002, § 1.708; Ord. No. 620, 2-17-2004)

Sec. 14-8. Liability.

This article is an exercise by the city of itsgovernmental functions for the protection of thepublic peace, health and safety and neither thecity, the agents and representatives of such city,nor any individual, receiver, firm, partnership,corporation, association, or trustee, nor any of theagents thereof in good faith carrying out, comply-ing with or attempting to comply with any order,rule or regulation promulgated pursuant to theprovisions of this article shall be liable for anydamage sustained to persons as the result of suchactivity. Any person owning or controlling realestate or other premises who voluntarily, andwithout compensation, grants to the city a licenseof privilege, or otherwise permits the city toinspect, designate and use the whole or any partsof such real estate or premises for the purpose ofsheltering persons during an actual, impendingor practice enemy attack shall, together with hissuccessors in interest, if any, not be civilly liablefor the death of, or injury to any person on orabout such real estate or premises under suchlicense, privilege or other permission or for loss of,or damage to, the property of such persons.(Code 2002, § 1.709; Ord. No. 620, 2-17-2004)

Sec. 14-9. Commitment to contracts, funds.

No person shall have the right to expand anypublic funds of the city in carrying out any emer-gency management activity authorized by thisarticle without prior approval by the city council,


CD14:4

nor shall any person have the right to bind thecity contract, agreement or otherwise withoutprior and specific approval of the city council.(Code 2002, § 1.710; Ord. No. 620, 2-17-2004)

Sec. 14-10. Violations; penalty.

It shall be unlawful for any person willfully toobstruct, hinder, or delay any member of theemergency management organization in the en-forcement of any rule or regulation issued pursu-ant to this article, or to do any act forbidden byany rule or regulation issued pursuant to theauthority contained in this article. It shall like-wise be unlawful for any person to wear, carry ordisplay any emblem, insignia or any other meansof identification as a member of the emergencymanagement organization of the city unless au-thority to do so has been granted to such personby the proper officials. Convictions for violationsof the provisions of this article shall be punish-able by a fine in accordance with the generalpenalty provision found in section 1-8.(Code 2002, § 1.711; Ord. No. 620, 2-17-2004)

Sec. 14-11. Oath.

Each employee or any individual that is as-signed a function or responsibility shall solemnlyswear or affirm to support and defend the Consti-tution of the United States, laws of the state andthe articles of the city.(Code 2002, § 1.712; Ord. No. 620, 2-17-2004)

Sec. 14-12. National Incident Management

System adopted.

The city hereby adopts the National IncidentManagement System dated March 1, 2005.(Code 2002, § 1.731; Ord. No. 642, 8-16-2005)

§ 14-12EMERGENCY MANAGEMENT

CD14:5

Chapter 15

RESERVED

CD15:1

Chapter 16

EMERGENCY SERVICES



Article II. Alarm Systems


Sec. 16-19. Definitions.Sec. 16-20. Shutoff devices.Sec. 16-21. Article requirements in addition to building regulations.Secs. 16-22—16-45. Reserved.

Division 2. Permits

Sec. 16-46. Required.Sec. 16-47. Application.Sec. 16-48. Fees—Initial, annual.Sec. 16-49. Same—False alarm.Sec. 16-50. Terms and conditions.Sec. 16-51. Revocation—Generally.Sec. 16-52. Same—Procedures.Sec. 16-53. Reinstatement.

CD16:1



ARTICLE II. ALARM SYSTEMS*




Alarm site means the premises within the cityon which a burglar alarm system is, or will be,installed or operated.

Burglar alarm system means a device or sys-tem that transmits a signal intended to alert lawenforcement officers or others of an unlawfulentry or attempted unlawful entry into premiseswithin the city.

Chargeable false alarm means a false alarm towhich the city police department has respondedwithin 30 minutes of receiving notification.

Chief of police means the Chief of Police of theMemorial Villages Police Department.

False alarm means the transmitting of a signalby a burglar alarm system indicating an unlawfulentry or attempted unlawful entry into an alarmsite when no such unlawful entry or attemptedunlawful entry has occurred.

Shutoff device means a device or feature of aburglar alarm system that acts automatically toshutoff any audible signal emitted by the burglaralarm system within a predetermined time afterthe activation of the signal.(Code 2002, § 8.101; Ord. No. 479, § 1, 5-19-1992)

Sec. 16-20. Shutoff devices.

All burglar alarm systems within the city shallbe equipped with shutoff devices designed or

adjusted to shut off the burglar alarm system'saudible signal within 15 minutes after its activa-tion.(Code 2002, § 8.106; Ord. No. 479, § 6, 5-19-1992)

Sec. 16-21. Article requirements in addition

to building regulations.

The requirements of this article are in additionto any applicable requirements of the city's build-ing regulations.(Code 2002, § 8.107; Ord. No. 479, § 7, 5-19-1992


DIVISION 2. PERMITS


It shall be unlawful to install, activate oroperate a burglar alarm system within the citywithout a valid permit obtained in accordancewith the provisions of this article.(Code 2002, § 8.102(a); Ord. No. 479, § 2, 5-19-1992)


(a) Filing. Applications for permits shall befiled with the city secretary by or on behalf of aperson who has control over the alarm site.

(b) Contents. Applications shall contain thefollowing information:

(1) The full name, business and residenceaddresses and business and residence tele-phone numbers of the applicant;

(2) The street address of the alarm site;

(3) A description of the nature of the owner-ship or other interest the applicant has inthe alarm site;

(4) If the applicant is not the owner of thealarm site, the name, address and tele-phone number of the owner;

(5) The name and telephone numbers of thecurrent occupants, if any, of the alarmsite;

(6) The name and telephone number of aperson or business entity that has agreed

*State law reference—Municipal regulation of alarmsystems, V.T.C.A., Local Government Code § 214.191 et seq.

§ 16-47EMERGENCY SERVICES

CD16:3

in the event of an alarm to come to thealarm site within one hour of being noti-fied, for the purpose of granting access tothe premises or deactivating the burglaralarm system;

(7) The name and telephone number of aperson or business entity that has agreedto make repairs to the burglar alarmsystem at any time such repairs becomenecessary;

(8) A certification by the applicant that thesystem proposed to be installed or oper-ated is equipped with a shutoff device incompliance with section 16-20.

(Code 2002, § 8.102(b), (c); Ord. No. 479, § 2,5-19-1992)

Sec. 16-48. Fees—Initial, annual.

The fees for issuance, or renewal, of a permitunder this article are as set by resolution orordinance of the city council from time to time andkept on file in the office of the city secretary.(Code 2002, § 8.103; Ord. No. 479, § 3, 5-19-1992;Ord. No. 693, § 1, 7-17-2007)

Sec. 16-49. Same—False alarm.

In addition to the fees for issuance or renewalof a permit, a permit holder shall pay the sum asset by resolution or ordinance of the city councilfrom time to time and kept on file in the office ofthe city secretary for each chargeable false alarmin excess of five for a 12-month period beginningon January 1 of each year.(Ord. No. 696, § 1, 8-21-2007)

Sec. 16-50. Terms and conditions.

(a) A permit issued under this article shallexpire at 11:59 p.m. on December 31 of the calen-dar year in which it was issued, or last renewed,unless the permit holder prepays the annualrenewal fee.

(b) Permits shall be personal to the applicantand are not transferable.

(c) The issuance of a permit does not create orgrant any right or privilege other than the rightand privilege to install and operate a burglaralarm system within the city.

(d) Permit holders shall keep their permits atthe alarm sites for which they were issued andshall produce the permits for inspection upon therequest of any member of the police department.

(e) Permits may be revoked by the city uponfailure of the permit holder to comply with theprovisions of this article.(Code 2002, § 8.104; Ord. No. 479, § 4, 5-19-1992;Ord. No. 693, § 2, 7-17-2007)

Sec. 16-51. Revocation—Generally.

(a) A permit may be revoked if:

(1) The permit holder has failed to makepayment to the city of any fees assessedunder section 16-49 within 60 days of thedate the city has mailed a notice to thepermit holder that the fees are due andowing; and

(2) Mechanical malfunction or faulty equip-ment has caused five or more false alarmsby the burglar alarm system in the 12-month period immediately preceding thedate of notice of hearing.

(b) A permit shall not be revoked under sub-section (a)(1) of this section if the permit holdershows that the fees have been paid. A permit shallnot be revoked under subsection (a)(2) of thissection if the permit holder shows that, since themost recent false alarm from such alarm system,the system has been repaired and that the policedepartment has inspected such alarm system andfound it to have been properly repaired.(Code 2002, § 8.109; Ord. No. 479, § 9, 5-19-1992)

Sec. 16-52. Same—Procedures.

(a) Notice. Prior to revocation of a permit,written notice shall be given to the permit holderor his agent by personal delivery or by certifiedmail addressed to the permit holder at the ad-dress set out in the application for the permit. Thenotice shall state:

(1) The amount of any fees assessed undersection 16-49 that are due and owing, andthe dates on which those fees were in-curred, if the proposed revocation is basedin whole or in part upon section 16-51(a)(1);


CD16:4

(2) The specific dates of any false alarmsfrom the alarm site which were caused bymechanical malfunction or faulty equip-ment, if the revocation is based in wholeor in part upon section 16-51 (a)(2);

(3) A hearing will be held before the chief ofpolice or his designated representative todetermine whether the permit should berevoked;

(4) The date, time and place of the hearing;and

(5) The permit holder may appear in personand be represented by counsel, may presenttestimony, and may cross examine anywitnesses.

(b) Hearing officer. All hearings shall be heldby the chief of police or his designated represen-tative who shall be referred to as the hearingofficer. The chief of police shall not designate anyperson to perform the duties of hearing officerunder this section who has prior knowledge of theallegations or circumstances of the proposed re-vocation.

(c) Rules for hearing. The following rules shallapply to the hearings:

(1) All parties shall have the right to repre-sentation by a licensed attorney thoughan attorney is not required;

(2) Each party may present witnesses on hisown behalf;

(3) Each party has the right to cross examineany witnesses;

(4) Only evidence presented before the hear-ing officer at the hearing may be consid-ered in rendering the order.

(d) Failure to appear. If the permit holder failsto appear at the hearing at the time, place, anddate specified, the city shall be required to presentsufficient evidence to establish a prima facie caseshowing that grounds exist for revocation of thepermit.

(e) Findings. The hearing officer shall givewritten notice of his finding to the permit holder,and if the officer finds that grounds exist forrevocation of the permit, the officer shall revoke

the permit. Upon receipt of notice of revocation,the permit holder shall disconnect the burglaralarm system immediately and surrender thepermit to the city secretary or the city secretary'sdesignee.(Code 2002, § 8.110; Ord. No. 479, § 10, 5-19-1992)

Sec. 16-53. Reinstatement.

(a) For permits revoked on the grounds setforth in section 16-51 (a)(2), the permit holdermay request that an inspection is made after theburglar alarm system has been repaired. Theinspection shall be made by the police departmentas soon as possible and not later than ten cityworking days after receipt of the request. Thepermit will be reinstated if, upon inspection bythe police department, it is found that the systemhas been properly repaired, all fees assessedunder section 16-49 for the alarm have been paid,and the permit holder has made a written requestfor reinstatement of the permit to the city secre-tary.

(b) For permits revoked on the grounds setforth in section 16-51 (a)(1), the permit will bereinstated if all fees assessed under section 16-49have been paid and the person in control of theproperty has made a written request for reinstate-ment of the permit to the city secretary.(Code 2002, § 8.111; Ord. No. 479, § 11, 5-19-1992)

§ 16-53EMERGENCY SERVICES

CD16:5

Chapter 17

RESERVED

CD17:1

Chapter 18

ENVIRONMENT*



Article II. Tree Preservation

Sec. 18-19. Definitions.Sec. 18-20. Preservation and protection of trees.Sec. 18-21. Tree replacement payments and fund.Sec. 18-22. Urban forester.Sec. 18-23. Appeal of permit denials.Sec. 18-24. Violations.Sec. 18-25. Penalty.Sec. 18-26. Affirmative defenses.Sec. 18-27. Species of trees approved for use as replacement trees.Secs. 18-28—18-53. Reserved.

Article III. Southern Pine Beetle Infestation

Sec. 18-54. Generally.Secs. 18-55—18-81. Reserved.

Article IV. Property Maintenance

Sec. 18-82. Reserved.Sec. 18-83. Definition of nuisance.Sec. 18-84. Abatement.Sec. 18-85. Notice.Sec. 18-86. Collection of expenses.Secs. 18-87—18-115. Reserved.

Article V. Vegetation Obstructing Streets

Sec. 18-116. Definitions.Sec. 18-117. Prohibited.Sec. 18-118. Notice to remove.Sec. 18-119. Nuisance declared.Secs. 18-120—18-136. Reserved.

Article VI. Noise

Sec. 18-137. Generally.Sec. 18-138. Noise level prohibition.Sec. 18-139. Permitted variations in noise.Sec. 18-140. Prohibited variations in noise.Sec. 18-141. Exceptions.Secs. 18-142—18-165. Reserved.

*State law references—Sanitation and environmental quality, V.T.C.A., Health and Safety Code ch. 341 et seq.; naturalresources, V.T.C.A., Natural Resources Code ch. 1 et seq.; parks and wildlife, V.T.C.A., Parks and Wildlife Code ch. 1 et seq.

CD18:1Supp. No. 7

Article VII. Storage of Boats, Recreational Vehicles, Trailers and

Trucks

Sec. 18-166. Prohibited locations.Sec. 18-167. Exceptions.Sec. 18-168. Storage of trailers.Secs. 18-169—18-189. Reserved.

Article VIII. Junked Motor Vehicles

Sec. 18-190. Definitions.Sec. 18-191. Penalty for violation.Sec. 18-192. Purview of article.Sec. 18-193. Exemptions.Sec. 18-194. Administration.Sec. 18-195. Delegation of authority.Sec. 18-196. Declaration of public nuisance.Sec. 18-197. Nuisance prohibited.Sec. 18-198. Notice to abate nuisance; public hearing.Sec. 18-199. Order by municipal judge.Sec. 18-200. Duty of premises owner or occupant.Sec. 18-201. Vehicles not to be made operable.Sec. 18-202. Notice to state.Sec. 18-203. Removal of vehicle.Sec. 18-204. Sale or disposal of vehicles.Sec. 18-205. Proceeds of sale; demolition.Secs. 18-206-18-223. Reserved.

Article IX. Substandard Buildings and Structures

Sec. 18-224. Incorporation of provisions of state law.Sec. 18-225. Definitions.Sec. 18-226. Substandard buildings and structures.Sec. 18-227. Declaration of nuisance.Sec. 18-228. Inspections and reports.Sec. 18-229. Procedures.Sec. 18-230. Standards for orders.Sec. 18-231. Remedial action.


CD18:2Supp. No. 7



ARTICLE II. TREE PRESERVATION*



Caliper means the diameter of a tree as mea-sured at a point on the tree that is 12 inches abovethe ambient grade.

Circumference means the circumference of thetrunk of a tree measured at a height of 41/2 feetabove the ground using an ordinary tape measureor diameter tape. If the tree has unusual swells inthe trunk at measurement height, measurementshall be taken either below or above the swell atthe smallest trunk diameter as close to 41/2 feet aspossible.

Critical root zone means the area within thedrip line of a tree.

Development activity means construction orpreparation for construction, and includes grad-ing, clearing and grubbing, and demolition ofexisting structures.

Drip line means an imaginary circle drawnaround a tree extending to the outer tips of thelargest branches.

Impervious material means concrete, tar, as-phalt, brick pavers or similar paving materials.

Minimum required density means, for a partic-ular lot:

(1) Seven protected or replacement trees, ofwhich at least three must be located inthe front yard, plus one additional pro-tected or replacement tree for every 1,000

square feet of area in excess of 22,500square feet, up to a maximum of sevenadditional protected or replacement treesper lot, provided, however, that where alot contains areas that are not suitable forthe location of trees because of topology orother natural features, those unsuitableareas shall not be included in calculatingthe number of additional protected orreplacement trees required in addition tothe first seven;

(2) For a lot that is less than 20,000 squarefeet in area: a) the minimum number ofprotected or replacement trees may bereduced to five where the collective cir-cumference of the protected and replace-ment trees equals 375 inches or more; andb) the minimum number of protected orreplacement trees in the front yard maybe reduced to two protected or replace-ment trees where the collective circumfer-ence of the protected and replacementtrees in the front yard equals 150 inchesor more.

(3) A protected or replacement tree that islocated within the public street right-of-way shall not be counted in determiningwhether a lot has the minimum requireddensity of protected or replacement trees.

Professional means a person with a profes-sional working knowledge of trees, and includesarchitects, engineers, landscape or tree profession-als, arborists, surveyors and any city official ap-proved by the city council.

Property owner means the owner of a lot, tract,parcel or other site, and includes the owner'sauthorized agents.

Protected tree means any existing tree that hasa circumference of 18 inches or more.

Protective fence means a physical barrier thatis:

(1) At least four feet in height;

(2) Supported by metal posts spaced no widerthan eight feet apart; and

*Editor’s note—Ord. No. 720, § 1, adopted May 20, 2008,amended Ch. 18, Art. II in its entirety to read as herein setout. Former Art. II, §§ 18-19—18-25, pertained to similarsubject matter, and derived from the Code of 2002, §§ 3.1401,3.1402(a)—(g), 3.1403, 3.1405, and 3.1406, and Ord. No. 562,adopted November 16, 1999.

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(3) Constructed of chain link fencing or sim-ilar material that is effective in prevent-ing the passage of persons, machinery,trash, material or other items.

Replacement tree means a tree that: a) has acaliper of six inches or more; b) is at least ten feetin height; c) is one of the species listed in section18-27; and d) is planted under the requirement ofthis article.

Root pruning means a clean cut between theundisturbed and disturbed root zones within thedrip line of a tree, commonly done with a rock sawor similar equipment to minimize root damage.

Serious damage means any damage to a treethat will, in reasonable probability, cause thedeath of the tree or seriously impair its health.The following actions are actions that will causeserious damage to a tree: severing a main trunkor large branches or large roots, girdling, poison-ing, carving, mutilating, touching with live wires,piercing with nails or spikes, crushing or exposingthe roots, digging or drilling any hole or trenchlarger than three cubic feet within the criticalroot zone, covering over a substantial portion ofthe critical root zone with two inches or more ofsoil or other nonporous material or compacting asubstantial part of the soil in the critical root zone(e.g., driving or parking a vehicle in the criticalroot zone, or otherwise placing heavy objectswithin the critical root zone).

Tree disposition and protection plan means awritten plan prepared by a professional thatshows how the protected trees and critical rootzones on the site, and the critical root zones ofprotected trees that are located off of the site butthat have 30 percent or more of their critical rootzones within the site, are to be protected, and howreplacement trees are to be planted and main-tained to encourage survival and sustained growth.

Tree removal permit means a permit issued bythe city pursuant to the conditions and require-ments of this article, granting permission andauthority to remove protected trees from a site.

Tree survey means a survey of the protectedtrees on a site. A tree survey must be prepared bya professional and must include:

(1) The location, size, and species of all exist-ing protected trees on the site;

(2) A designation, by species, size and loca-tion, of all protected trees proposed to beremoved or destroyed;

(3) A designation of all proposed new and/orreplacement trees by species, size andlocation;

(4) Outlines of all existing and proposed struc-tures, paved surfaces, swimming pools,fences, sprinkler systems, utilities andother improvements and structural fea-tures on the site;

(5) A scale, north arrow, name, address, phonenumber, and profession or occupation ofthe person who prepared the tree survey;and

(6) The name of the owner of the site and/orthe builder or developer of the site.

Urban forester means the professional so des-ignated by the city council.(Ord. No. 720, § 1, 5-20-2008; Ord. No. 722, § 1,7-15-2008; Ord. No. 779, § 1, 11-8-2011)

Sec. 18-20. Preservation and protection of

trees.

(a) Intent. The intent of this section is to en-courage site planning which furthers the preser-vation of trees and natural areas by these meth-ods: to protect trees during construction; to facilitatesite design and construction which contribute tothe long-term viability of existing trees; to controlthe unnecessary removal of larger trees; and torequire on-site replacement of larger trees thatmust be removed during development activities.It is the further intent of this article to achievethe following broader objectives:

(1) Protect healthy trees and preserve thenatural, ecological, environmental and aes-thetic qualities of the city;

(2) Protect and increase the value of proper-ties within the city;

(3) Prohibit the indiscriminate clearing orclear cutting of property;

(4) Maintain and enhance a positive imagetoward the city;


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(5) Prevent the unnecessary removal of pro-tected trees and to provide for remedia-tion where removal is unavoidable.

(b) Tree removal permit required. It is unlaw-ful for any person to remove or to intentionally, orwith criminal negligence, cause serious damageto any protected tree within the city withouthaving first obtained from the city a tree removalpermit.

(1) Removal in connection with site develop-

ment or construction.

a. Generally. A property owner whoseeks a permit to remove one ormore protected trees in order to de-velop or construct improvements ona site must submit to the buildingofficial a current tree survey andtree disposition and protection plan.The city shall grant a tree removalpermit if the applicant demonstratesthat, for each protected tree that isto be removed, the removal is neces-sary in order to make a reasonableuse of the site, and that all alterna-tives to removal, including redesignof the proposed improvements, havebeen considered.

b. Restrictions on additional removals.

1. Where a permit is granted toremove protected trees in orderto develop or construct a partic-ular improvement on a site, andthe subject trees are actuallyremoved, no permit shall begranted for the removal of ad-ditional protected trees from thesite for the construction of asimilar improvement for a pe-riod of five years following thedate the first permit was is-sued.

2. For example, if a permit isgranted for the removal of treesfor the construction of a pro-posed new residence and theproperty owner, or his succes-sor in title, elects not to buildthat proposed residence, any

new proposed residence on thesite must be designed to fitwithin the area from which pro-tected trees have been removedand cannot require the removalof additional protected trees.

3. The purpose of this provision isto prevent the unnecessary re-moval of protected trees basedon speculative construction ordevelopment plans and to en-courage property owners to seekremoval of trees only when theproposed improvements will ac-tually be constructed.

4. For the purposes of this article,the filing of an application forremoval of protected trees forthe construction of a particularimprovement is deemed to bean admission, by the applicant,that a reasonable improvementof the type desired can be con-structed on the site without re-moving any additional protectedtrees.

(2) Other removal.

a. Aproperty owner who otherwise seeksa permit to remove a protected treemust file an application with the citydescribing the location, species, andsize of the protected tree that is to beremoved and explaining the reasonthat removal is desired. The cityshall grant a removal permit if theapplicant demonstrates that:

1. The protected tree in questionis severely damaged, diseasedor dead;

2. The protected tree constitutesan unreasonable impediment tothe use and enjoyment of thesite because of its location orsize;

3. The tree is of an undesirablespecies that has characteristics

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that interfere with the prop-erty owner's use and enjoymentof the site;

4. The removal of the tree is nec-essary for safety reasons includ-ing, but not limited to, a branchoverhanging a structure, a se-verely leaning tree, or a treewith a seriously damaged rootsystem that poses a reasonablethreat of falling.

b. Notwithstanding any other provi-sion of this chapter, a property owneris not required to obtain a permit toremove a single protected tree thatis severely damaged, diseased or deador that must be removed for safetyreasons, including but not limited to,a branch overhanging a structure, aseverely leaning tree, or a tree witha seriously damaged root system thatposes a reasonable threat of falling.

(3) Emergency removal. Where the danger-ous condition of a protected tree requiresits immediate removal to protect againsta serious and immediate risk to health,safety or property, a property owner mayremove a protected tree without first ob-taining a permit. However, within sevencalendar days after removing the tree, theproperty owner must file with the build-ing official a written statement describingthe protected tree by size, species, andlocation and explaining the emergencyconditions that required its immediateremoval.

(c) Tree survey and tree disposition and protec-

tion plan required. Except as provided in subsec-tion (c)(2) below, for small projects, no permitshall be granted for any site work or constructionactivity in the city unless and until a current treesurvey and tree disposition and protection planfor the subject lot, and any property within tenfeet of the subject lot, has been submitted to thecity and approved by the urban forester.

(1) Small projects exception. Neither a treesurvey nor a tree disposition and protec-

tion plan is required for projects thatmeet the following requirements as deter-mined by the building official:

a. The construction work or other ac-tivity contemplated by the permit isof a type and scope that presentslittle risk of serious damage to anyprotected trees on the site; and

b. The owner, or his authorized agent,has certified to the city in writingthat no protected trees will be re-moved or seriously damaged duringthe construction work or other activ-ity.

(2) Single tree exception. Neither a tree sur-vey nor a tree disposition and protectionplan is required where a property ownerseeks to remove a protected tree for any ofthe reasons set out in subsection 18-20(b)(2).

(d) Utility right-of-way maintenance.

(1) An employee of a public utility, or anauthorized contractor working in a dedi-cated public right-of-way, drainage or util-ity easement, may in the course of busi-ness, prune that portion of a tree, includinga protected tree, that prohibits the safeconstruction, operation, repair or mainte-nance of a service line or facility. Treesmust be pruned no more than is reason-ably necessary for the construction, oper-ation, repair or maintenance of the ser-vice line or facility, and any pruning shallbe in accordance with the specificationsset forth by the National Association ofArborists. No tree permit, tree survey ortree disposition and protection plan isrequired for work performed under thesecircumstances.

(2) Trees, including protected trees, that areoutside the public right-of-way or utilityeasement, that are severely damaged, dis-eased or dead and that present a risk ofdamaging a public utility service line orfacility may be removed by an employeeor authorized contractor of the public util-ity whose service line or facility is at riskof damage, provided that utility has the


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consent of the tree owner. Such work willrequire a permit for removal, but no treesurvey or tree disposition and protectionplan is required. No permit fee shall becharged for issuance of a permit underthis subsection.

(e) Tree replacement.

(1) Generally. Except as otherwise provided,a property owner must maintain the min-imum required density of protected andreplacement trees on the owner's lot at alltimes and, if the lot falls below the mini-mum required density because of the lossor removal of a tree or trees, regardless ofcause, the property owner shall plant andmaintain a sufficient number of replace-ment trees to meet the minimum requireddensity. If a lot fall below the minimumrequired density because of the loss of oneor more protected or replacement trees,the property owner shall, within 30 daysafter the removal or loss, plant a sufficientnumber of replacement trees to restorethe minimum required density.

(2) Special rule for removals related to drive-

way construction. Where protected treesare removed from a front yard in order torelocate or expand a pre-existing drive-way, the property owner must plant onereplacement tree in the front yard forevery protected tree that is removed fromthe front yard. Tree replacement is re-quired under this provision regardless ofwhether replacement would have beenrequired under subsection (e)(1), above.

(3) Location requirements for new home con-

struction. Where a new home is to beconstructed on a site, the tree dispositionand protection plan must include provi-sions for preserving or planting and main-taining at least three protected or replace-ment trees in the front yard.

(4) Timing of planting. Any replacement treerequired under this article shall be plantedwithin 30 days after the loss or removal of

the tree it is to replace. Provided however,that the building official may grant awritten extension if the property owner:

a. Applies for the extension in writing,and within 30 days after the loss orremoval; and

b. Demonstrates that replacementwithin 30 days is not practical be-cause of ongoing construction orweather conditions.

(5) Exceptions to replacement requirements.No replacement tree shall be required ifbecause of the topography or natural con-ditions of the lot, or the location of permit-ted structures and other improvements tothe lot, it is not reasonably possible toplant and maintain an otherwise requiredreplacement tree. A property owner whois excused from providing a replacementtree shall instead pay to the city theapplicable tree replacement fee.

(6) Replacement of trees that die within fiveyears after construction activity. A prop-erty owner shall plant replacement treesfor any protected trees that die within fiveyears after the date of completion of anyoutside construction activity on the prop-erty, regardless of whether the lot wouldhave the minimum required density with-out the replacement. Provided however,that no replacement shall be required ifthe property owner can demonstrate thatthe death of the tree or trees was notrelated to the construction activity.

(f) Protection of trees during site preparation or

construction activity. Protected trees, whether lo-cated on the subject site or within ten feet of thesubject site, must be protected from serious dam-age during construction activity in accordancewith the following requirements, provided, how-ever, that the urban forester may allow modifica-tion of the requirements upon a determinationthat unique circumstances exist and that a strictapplication of the requirements would result inundue hardship to the owner of the site.

(1) Prohibited activities. The following activ-ities are prohibited within the drip line ofany protected tree:

a. Material storage. No materials in-tended for use in construction accu-

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mulated due to excavation or demo-lition shall be placed within the limitsof the drip line of any protected tree.

b. Equipment cleaning; liquid disposal.

No equipment shall be cleaned, andno liquids other than clean watershall be deposited, within the limitsof the drip line of any protected tree.Prohibited liquids include but arenot limited to paint, oil, solvents,asphalt, concrete, mortar or othermaterials.

c. Tree attachments. No signs, wires orother attachments, other than thoseof a protective nature and that havebeen approved in the tree dispositionand protection plan, shall be at-tached to any protected tree.

d. Vehicular traffic. No vehicle, construc-tion equipment or other parking shallbe allowed within the limits of thedrip line of any protected tree.

e. Trespassing; trash. Trespassing orthrowing trash into a protective fencearea is prohibited.

(2) Required procedures. The following proce-dures shall be followed prior to and dur-ing any development activity on a siteuntil a certificate of occupancy has beenissued by the city:

a. Protective fencing; root protection. Un-less otherwise approved in the treedisposition plan, the critical root zoneof each tree or group of trees to bepreserved must be enclosed by aprotective fence during all develop-ment activity and until a certificateof occupancy has been issued by thecity. Each protective fence shall bemarked with signs stating "OFF LIM-ITS" and "NO TRASH" (or equiva-lent) in both English and Spanish.

b. Mulch. If development activity is totake place within the critical rootzone of any tree, the protective fenceshall cover the area on which nodevelopment activity is to take place,and the balance of the critical root

zone for such tree or group of treesmust be covered with at least sixinches of organic or wood chip mulchand covered with three-fourths inchplywood or road boards in order toprotect the roots from soil compac-tion.

c. Fence, mulch removal. It shall beunlawful for any person to removeany portion of any protective fenceor mulch and road boards for anyperiod of time during any develop-ment activity, unless otherwise spec-ified in the tree disposition plan.

d. Tree flagging. All trees to be removedfrom the site shall be flagged withorange vinyl tape (flagging) wrappedaround the main trunk at a height offour feet or more. After receipt of thetree removal permit, the owner ofthe site or his agent shall paint withorange paint an "X" on the tree ap-proved for removal at a height offour feet or more so that the paint isvisible to workers on foot or operat-ing heavy equipment.

e. Trunk protection. In situations wherea tree remains in the immediatearea of intended development activ-ity, the tree shall be protected byenclosing the entire circumference ofthe tree's trunk with lumber, at leasteight feet high, banded by wire orother means that does not damagethe tree.

f. Construction pruning. If a tree has alow canopy, or limbs that may bebroken during the course of construc-tion, and if specified and approvedby the urban forester in the treedisposition plan, the obtrusive limbsmay be cut. Pruning should be doneaccording to the National Associa-tion of Arborists Standards.

g. Supplemental feeding, watering. Pro-tected trees should receive supple-mental water during times of droughtor low rainfall. Plans for feeding and


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watering must be prepared by a pro-fessional, who is retained by theowner or his agent and must beincluded in the tree disposition andprotection plan.

(3) Design constraints. Design constraints maydictate that in certain circumstances someprotected trees will have some encroach-ment of their critical root zone. The fol-lowing is the minimum design criteriaallowed within the critical root zone of aprotected tree:

a. Change of grade. In the event thatgrade changes must be made arounda protected tree, the following proce-dures shall be followed unless other-wise approved in the tree dispositionplan:

1. No cut or fill of the ambientgrade greater than two inchesshall be located close to thetrunk of a protected tree if thecut or fill covers more than one-half of the radius of the criticalroot zone. If these provisionscannot be complied with, thefollowing provisions shall ap-ply:

(i) Increase in grade. Theowner shall construct treewells around the drip lineof a tree which shall be ofa design that provides forproper aeration and drain-age of the critical root zone;or

(ii) Decrease in grade. Theowner shall construct re-taining walls around thedrip line of a tree to miti-gate cuts.

2. If development activity causesstanding water or wet soil con-ditions which are detrimentalto a species of tree on a site oradjacent property, adequatedrainage shall be provided inthe tree disposition and protec-

tion plan in order to preventsuffocation and/or root rot ofthe affected tree.

b. Underground utilities. Boring for theinstallation of underground utilitiesis permitted under protected trees incertain circumstances. The mini-mum depth of the bore shall be 30inches. In special circumstances ap-proved by the urban forester, trench-ing for underground utilities may bepermitted with respect to all suchprotected trees. If utility trenchingis approved, the following proce-dures must be adhered to:

1. Root pruning shall take placeat least two weeks prior to anytrenching;

2. Root pruning shall be super-vised by a professional;

3. The utility trench must be back-filled less than 24 hours after itis dug; and

4. A root remediation schedulemust be addressed in the treedisposition plan.

c. Irrigation systems. Irrigation sys-tems shall be designed to avoidtrenching across the critical root zoneof any protected tree.

d. Paving and impervious material. Amaximum of 25 percent of the criti-cal root zone of a protected tree maybe covered with impenetrable mate-rial, such as concrete, tar or asphalt.

e. Procedures when using impervious

materials. If the design plans for thesite call for any impervious materialover any part of the critical root zoneof a protected tree, the followingprocedures shall be adhered to:

1. Root pruning shall be done sixinches to one foot behind theproposed curb line and shalltake place at least two weeksprior to any fill or cut;

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2. Root pruning and necessary limbpruning shall be supervised bya professional;

3. A plastic vapor barrier of con-struction grade shall be in-stalled between the roots of aprotected tree and the impervi-ous material so as to inhibitleaching of lime into the soil;and

4. A root remediation schedulemust be addressed in the treedisposition plan.

(Ord. No. 720, § 1, 5-20-2008; Ord. No. 722, §§ 2,3, 7-15-2008; Ord. No. 750, § 1—3, 12-8-2009;Ord. No. 779, §§ 2, 3, 5, 11-8-2011)

Sec. 18-21. Tree replacement payments and

fund.

The city shall establish and maintain a sepa-rate tree replacement fund and shall deposit alltree replacement fees into that fund.

(1) Monies in the tree replacement fund mayonly be used for the following purposes:

a. To purchase and plant trees withinthe city on public property and rights-of-way, or other property under thecontrol of the city;

b. To water, feed, or otherwise main-tain trees planted or maintained bythe city; or

c. To promote the planting and conser-vation of trees within the city.

(2) A property owner who removes a pro-tected tree pursuant to a valid permit, orin an emergency situation, but who isexcused from the obligation to provide areplacement tree under section 18-20(e)(4),shall pay to the city a tree replacement feein the amount $500.00 which the city hasdetermined to be the average cost of pro-viding, planting, and maintaining a re-placement tree.

(3) A property owner who removes a pro-tected tree in violation of this chaptershall provide a replacement tree of thesame size and species as the tree that was

illegally removed. If it is not feasible toprovide a replacement tree, the propertyowner shall pay a tree replacement feeequal to $500.00 per inch of diameter ofthe protected tree that was removed. Themeasurement of diameter shall be madeat a point on the trunk of the tree thatwas six inches above the ambient gradeimmediately before the protected tree wasremoved. The city council shall be thefinal authority to determine whether plant-ing a replacement tree is feasible.

(Ord. No. 720, § 1, 5-20-2008)

Sec. 18-22. Urban forester.

(a) Appointment. The city council has the au-thority to hire a professional as the urban foresterfor the city. The professional designated as theurban forester must hold at least a bachelor'sdegree from an accredited college or university inurban forestry or horticulture or must have equiv-alent arboricultural skills and experience.

(b) Duties. The permit secretary or the build-ing official of the city shall deliver to the urbanforester all tree disposition and protection plans,tree surveys, applications for tree removal per-mits and other documents reasonably requestedin connection with any or all of the requirementsof this article. The urban forester shall work witheach owner and/or builder on the site, and appro-priate officials of the city in order to administerand enforce the provisions of this article, as thesame may be amended from time to time. Theurban forester shall establish categories of simpleand routine or low-risk development activity, theapplications for which may be handled summarilywithout submission to the urban forester.(Ord. No. 720, § 1, 5-20-2008)

Sec. 18-23. Appeal of permit denials.

(a) An applicant whose request for a tree re-moval permit has been denied by the buildingofficial may appeal that decision to the board ofadjustment by filing a written notice of appealwith the city secretary.

(b) The board of adjustment shall schedule ahearing on the appeal for a date within 45 daysafter the date the notice of appeal is received in


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the office of the city secretary. The hearing may beheld at any regular meeting of the board ofadjustment.

(c) At the hearing, the board of adjustmentshall provide the applicant an opportunity topresent evidence and arguments demonstratingthat the applicant is entitled to a permit underthe terms of this article and that the buildingofficial erred in denying the permit.

(d) The board of adjustment may hear andconsider any other evidence relevant to the issueof whether the applicant is entitled to a permit.

(e) If, at the conclusion of the hearing, a ma-jority of the board of adjustment determines thatthe applicant has met the requirements of thisarticle and is entitled to a permit, it shall orderthe building official to issue a permit. Otherwise,the decision of the building official to deny thepermit shall be affirmed.(Ord. No. 722, § 5, 7-15-2008; Ord. No. 779, § 6,11-8-2011)

Sec. 18-24. Violations.

(a) It shall be unlawful for any person to fail orrefuse to comply with the requirements of thisarticle or any permit issued pursuant hereto.

(b) The city's building official or urban forestermay withhold or withdraw (red flag) any permitissued or to be issued pursuant to this article ifany condition or requirement of this article orsuch permit is not fulfilled.(Ord. No. 720, § 1, 5-20-2008; Ord. No. 722, § 4,7-15-2008)

Sec. 18-25. Penalty.

Any person who violates any provision of thisarticle shall be deemed guilty of a misdemeanor.The owner of a site where any violation of thisarticle shall occur, and any agent, contractor,builder, architect or other person who shall assistin the commission of such offense, shall be guiltyof a separate offense.(Ord. No. 720, § 1, 5-20-2008; Ord. No. 722, § 4,7-15-2008)

Sec. 18-26. Affirmative defenses.

It shall be an affirmative defense to prosecu-tion, under this article, that immediate action toremove, seriously damage or kill the tree inquestion was necessary to prevent harm to per-sons or property.(Ord. No. 720, § 1, 5-20-2008; Ord. No. 722, § 4,7-15-2008)

Sec. 18-27. Species of trees approved for use

as replacement trees.

The following species of trees are approved foruse as replacement trees. The urban forester mayapprove the use of species that are not on this listif the urban forester determines that the speciesis suited to the local climate, likely to grow into aprotected tree, and not likely to create nuisanceconditions.

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Approved Tree List for Hunters Creek Village

Common Name Species Family Name

Chalk maple Acer leucoderme AceraceaeDrummond red maple Acer rubrum var.drummondi AceraceaeAmerican hornbeam Carpinus caroliniana BetulaceaeAmerican beech Fagus grandifolia FagaceaeWhite oak Quercus alba FagaceaeSwamp white oak Quercus bicolor FagaceaeSouthern red oak Quercus falcate FagaceaeSand live oak Quercus geminata FagaceaeLaurel oak Quercus hemisphaerica FagaceaeSwamp laurel oak Quercus laurifolia FagaceaeOvercup oak Quercus lyrata FagaceaeBur oak Quercus macrocarpa FagaceaeSand post oak Quercus margaretta FagaceaeSwamp chestnut oak Quercus michauxii FagaceaeChinkapin oak Quercus muchlenbergii FagaceaeWater oak Quercus nigra FagaceaeNutall oak Quercus nuttallii FagaceaeWillow oak Quercus phellos FagaceaeShumard oak Quercus shumardii FagaceaePost oak Quercus stellata FagaceaeBlack oak Quercus velutina FagaceaeLive oak Quercus virginiana FagaceaeSweetgum Liquidambar stryraciflua HamamelidaceaePecan Carya illino JuglandaceaeBlack hickory Carya texana JuglandaceaeSassafras Sassafras albidum LauraceaeSouthern magnolia Magnolia grandiflora MagnoliaceaeSweet bay magnolia Magnolia ludiviciana MagnoliaceaeBlack gum Nyssa sylvatica NyssaceaeShortleaf pine Pinus echinata PinaceaeLongleaf pine Pinus palustris PinaceaeLoblolly pine Pinus taeda PinaceaeWeeping willow Salix babylonica SalicaceaeBald-cypress Taxodium distichum TaxodiaceaeMontezuma cypress Taxodium mucronatum TaxodiaceaeWinged elm Ulmus alata UlmaceaeScan elm Ulmus Americana UlmaceaeCedar elm Ulmus crassifolia Ulmaceae

(Ord. No. 720, § 1, 5-20-2008; Ord. No. 722, § 4, 7-15-2008)



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ARTICLE III. SOUTHERN PINE BEETLE

INFESTATION


(a) Public nuisance declaration. Any pine treewithin the city limits which is infested with theinsect known as the southern pine beetle, asdetermined by a representative of the city, arepresentative of the state forest service or anentomologist is declared to be a public nuisance.

(b) Permitting, maintaining infested pine pro-

hibited. It shall be unlawful for the owner of anylot or parcel of land within the city to permit ormaintain on any such lot or parcel of land, anypine tree infested with southern pine beetles; andit shall be the duty of the owner of any such lot orparcel of land upon which is situated a pine treeinfested with southern pine beetles to abate suchinfestation and public nuisance either by chemi-cal treatment of the bark of such tree or by thefelling of such tree and subsequent chemical treat-ment of its bark, whichever shall be required.

(c) Authorized entry for inspections. The citybuilding inspector and such other officers, employ-ees and agents of the city as may be designated bythe city council are authorized and empowered toenter upon any lot or parcel of land within thecity, at any reasonable time, for the purpose ofinspecting any pine tree situated thereon andmay remove or cause to be removed a portion ofthe bark to determine if such tree is infested withsouthern pine beetles. Before entering upon anylot or parcel of land for such purpose, the citybuilding inspector or other representative of thecity shall make a reasonable effort to contact theowner of such lot or parcel of land and advise suchowner of the purpose and approximate time ofsuch proposed entry and inspection.

(d) Denial of entry unlawful. It shall be unlaw-ful for any person to prevent or attempt to pre-vent the city building inspector or other personsdesignated by the city council from entering uponany lot or parcel of land in the city for the purposeof making the inspection described in subsection(c) of this section or from performing any otherduties prescribed by this article.

(e) Determination; notice; compliance. If, froman examination of a pine tree or a bark sampleremoved therefrom by the city building inspectoror other person with entomological competencedesignated by the city council, it is determinedthat the tree is infested with southern pine bee-tles, the city building inspector shall serve orcause to be served upon the owner of record of thelot or parcel of land upon which such tree issituated, a written notice requiring such owner tocomply with the provisions of this article. Suchnotice may be served in person or by registered orcertified mail, return receipt requested. Such ownermust comply with the provisions of this articleincluding, but not limited to, subsection (b) of thissection, within ten days after receipt of suchnotice.(Code 2002, §§ 3.1402(h), 8.900; Ord. No. 298,§§ 1—6, 5-17-1977; Ord. No. 562, 11-16-1999)


ARTICLE IV. PROPERTY MAINTENANCE*


Editor’s note—Ord. No. 783, § 1, adopted Jan. 24, 2012,

repealed § 18-82 which pertained to definitions and derived

from Ord. No. 739, § 1, adopted March 24, 2009.

Sec. 18-83. Definition of nuisance.

In this article the term "nuisance" shall meanany condition of property that is dangerous to lifeor health, and shall include, without limitation,the following conditions:

(a) Any accumulation of sewage or stagnantwater, or other unwholesome or impurematter;

*Editor’s note—Ord. No. 739, § 1, adopted March 24,2009, amended ch. 18, art. IV in its entirety to read as set forthherein. Former art. IV, §§ 18-82—18-86, pertained to similarsubject matter, and derived unamended from the Code of2002, §§ 6.302-6.305.

State law reference—Authority of municipality to regu-late weeds, grass, etc., V.T.C.A., Health and Safety Code§ 342.004.

§ 18-83ENVIRONMENT

CD18:13Supp. No. 7

(b) Swimming pools, whether filled with wa-ter or not, that have not been fenced orwalled to prevent unsupervised access byminors;

(c) Swimming pools that contain stagnant,untreated, or impure water;

(d) Any accumulation of carrion, or loose gar-bage, trash, or refuse;

(e) Weeds or grass that exceeds eight inchesin height;

(f) Trees that are dead, diseased or damagedand in a location where they present adanger to life, health, or property in theirpresent condition;

(g) Any condition that is likely to produce ortransmit disease; and (h) Any conditionthat harbors, or is likely to harbor, mos-quitoes, rats, snakes, or other disease-bearing animals or insects.

(Ord. No. 739, § 1, 3-24-2009; Ord. No. 783, § 1,1-24-2012)

Sec. 18-84. Abatement.

If any person who owns any lot or buildingwithin the city who does not abate a nuisance asdescribed in this article within seven days afternotice to such person, as provided in section 18-85below, the city may do or cause to be done thatwhich will abate the nuisance, and may pay theexpense therefore, and charge such expenses in-curred in doing such work or having such workdone or improvements made to the person whoowns such lot or building. If such work is done orimprovements made at the expense of the city,such expenses shall be assessed on the real prop-erty upon which such expense was incurred asprovided in section 18-86 below.(Ord. No. 739, § 1, 3-24-2009)

Sec. 18-85. Notice.

(a) The notice required in section 18-84 aboveshall be given:

(1) Personally to the owner in writing;

(2) By letter addressed to the owner at theowner's address as recorded in the ap-

praisal district records of the appraisaldistrict in which the property is located;or

(3) If personal service cannot be obtained:

a. By publication at least once;

b. By posting the notice on or near thefront door of each building on theproperty to which the violating re-lates; or

c. By posting the notice on a placardattached to a stake driven into theground on the property to which theviolation relates.

(b) If the city mails a notice to a propertyowner in accordance with subsection (a)(2) above,and the United States Postal Service returns thenotice as "refused" or "unclaimed," the validity ofthe notice shall not be affected, and the noticeshall be considered as delivered.

(c) In the notice provided under this section,the city may inform the owner by regular mailand a posting on the property that if the ownercommits another violation of the same kind ornature that poses a danger to the public healthand safety on or before the first anniversary of thedate of the notice, the city without further noticemay correct the violation at the owner's expensesand assess the expense against the property. If aviolation covered by a notice under this subsec-tion occurs within the one-year period and thecity has not been informed in writing by theowner of an ownership change then the city,without notice, may take any action permitted,and assess the expenses therefor, as provided bysection 18-86 below.(Ord. No. 739, § 1, 3-24-2009)

Sec. 18-86. Collection of expenses.

The mayor or city secretary shall file a state-ment of expenses giving the amount of suchexpense, the date on which such work was done,and a description of the premises upon whichsuch work was done or improvements made withthe county clerk. The city shall have a privilegedlien on such lot or real estate upon which suchwork was done, or improvements made, to securethe expenditures so made, in accordance with


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V.T.C.A., Health & Safety Code § 342.007, asamended, which lien shall be second only to taxliens or liens for street improvements, and suchamount shall bear ten percent interest from thedate the statement is filed. For any such expenseand interest suit may be instituted, and recoveryand foreclosure of such lien may be had in thename of the city. The statement of expenses, somade, or a certified copy thereof, shall be primafacie proof of the amount expended for such workor improvements.(Ord. No. 739, § 1, 3-24-2009)


ARTICLE V. VEGETATION OBSTRUCTING

STREETS



Obstructing vegetation means any tree or othervegetative matter, or any part thereof, locatednearer than eight feet from the centerline of anyprivate street, or less than 14 feet above the gradeof any private street.

Private street means any street, lane or otheraccessway other than a public street which pro-vides the principal means of access to two or morelots or tracts of land.(Code 2002, § 8.1201; Ord. No. 490, § 2, 5-18-1993)

Sec. 18-117. Prohibited.

It shall be unlawful for any person owning oroccupying property adjacent to a private street tocause or permit any tree or vegetation to becomeobstructing vegetation, as that term is definedherein, over, across or adjacent to any privatestreet.(Code 2002, § 8.1202; Ord. No. 490, § 3, 5-18-1993)

Sec. 18-118. Notice to remove.

Should any person owning or occupying prop-erty adjacent to a private street fail to removeobstructing vegetation on the lot or tract owned or

occupied by such person within ten business daysfollowing notice to do so, the city may enter suchproperty and cause the removal thereof. Notice toremove such obstructing vegetation shall be givenin a manner authorized pursuant to V.T.C.A.,Health and Safety Code § 342.006. All costs in-curred in such removal shall be charged to theowner of such property. In the event the ownerfails or refuses to pay the city the costs incurredin removing obstructing vegetation, the city mayattach a lien therefor in the manner provided inV.T.C.A., Health and Safety Code § 342.007.(Code 2002, § 8.1203; Ord. No. 490, § 4, 5-18-1993)

Sec. 18-119. Nuisance declared.

The existence of obstructing vegetation is herebydeclared to be a public nuisance.(Code 2002, § 8.1204; Ord. No. 490, § 5, 5-18-1993)


ARTICLE VI. NOISE*


(a) Prohibited. In view of the residential char-acter of the city and in recognition that noise isunwanted sound which can annoy or disturbpersons, the creation of any unreasonably loud,annoying, disturbing or unnecessary noise of suchintensity or duration so as to cause distress ordiscomfort in persons of ordinary sensibilities, inthe area, is prohibited. The creation of such aprohibited noise or any activity which creates anoise above the allowable noise level, as set forthin section 18-138 shall be a violation of thisarticle.

(b) Measurement. Noise should be measured atthe property line or boundary of any affectedproperty or properties.(Code 2002, § 8.601)

*State law references—Authority of municipality to re-strain or prohibit the ringing of bells, blowing of horns,hawking of goods, or any other noise, V.T.C.A., Local Govern-ment Code § 217.003; presumption of unlawful noise, V.T.C.A.,Penal Code § 42.01(c).

§ 18-137ENVIRONMENT


Sec. 18-138. Noise level prohibition.

(a) The allowable noise level within a zoningdistrict, as such districts are defined in chapter44, shall be as set forth in the following table:

Zoning

District

Allowable

Time Interval Noise Level

District R 10:00 p.m.—7:00 a.m. 50 dB(A)7:00 p.m.—10:00 p.m. 55 dB(A)

District B 10:00 p.m.—7:00 a.m. 57 dB(A)7:00 p.m.—10:00 p.m. 62 dB(A)

(b) In the event the ambient (background) noiselevel exceeds the allowable noise level as specifiedin subsection (a) of this section, the allowablenoise level for the property in question shall beadjusted to equal the ambient noise level duringmeasurement.(Code 2002, § 8.602)

Sec. 18-139. Permitted variations in noise.

Noise within any zoning district may exceed:

(1) The allowable noise level plus up to fivedB(A) for a cumulative period of no morethan 30 minutes in any hour;

(2) The allowable noise level plus six to tendB(A) for a cumulative period of 15 min-utes in any hour;

(3) The allowable noise level plus 11 to 15dB(A) for a cumulative period of five min-utes in any hour; or

(4) The allowable noise level plus 16 to 24dB(A) for a cumulative period of one min-ute in any hour.

(Code 2002, § 8.603)

Sec. 18-140. Prohibited variations in noise.

Noise within any zoning district is prohibitedwhich exceeds the allowable noise level plus 25dB(A) or more on an intermittent basis.(Code 2002, § 8.604)

Sec. 18-141. Exceptions.

For the purpose of determining compliancewith the noise standards in this article, the fol-lowing noise sources shall be excepted:

(1) Noises emanating from construction, grad-ing, repair, remodeling or maintenance

activities during hours when such activi-ties are permitted in accordance with thecity's building code.

(2) Noise of safety signals, warning devices,emergency pressure relief valves, waterwells and sewer lift stations.

(3) Occasional private outdoor gatherings andpublic events.

(4) Standard air conditioning, refrigerationsystems, swimming pool equipment orassociated equipment in reasonable re-pair.

(5) Emergency and repair activities of anypublic entity or a utility.

(6) Electric generators when operated in com-pliance with the requirements of section44-166.

(Code 2002, § 8.605; Ord. No. 733, § 2, 1-20-2009)


ARTICLE VII. STORAGE OF BOATS,

RECREATIONAL VEHICLES, TRAILERS

AND TRUCKS

Sec. 18-166. Prohibited locations.

No boat, houseboat, sailboat, canoe, catamaranor other watercraft capable of transporting one ormore human passengers on or over a body ofwater, whether propelled by wind, sails, motors,oars, paddles or other means, or any recreationalvehicle, horse trailer, or any other type of trailershall be stored or parked on or in any of thefollowing places within the corporate limits of thecity:

(1) Upon a public street, right-of-way or ease-ment;

(2) Upon a vacant lot or tract of land;

(3) In that space between the front buildingline of the lot or tract of land upon whicha residence or business is located, and thestreet right-of-way line; or

(4) In that space between the side buildingline and side property line of the lot ortract of land upon which a residence or



business is located. In the case of a cornerlot or tract of land (meaning that spacebetween the side building line and theside street right-of-way line which is notfenced and screened) to a height of sevenfeet or more.

(Code 2002, § 8.801; Ord. No. 277, § 2, 10-15-1975)


The provisions of this article shall not apply to:

(1) The temporary storage or parking of aboat or other watercraft. As used herein,the term "temporary storage or parking"shall mean a period of time of not morethan 48 hours during any seven day pe-riod.

(2) The storage or parking of a boat, house-boat, canoe, catamaran or other water-craft upon the premises of a businessestablishment if such commercial estab-lishment is engaged in the business ofselling, repairing, maintaining or storingsuch watercraft.

(Code 2002, § 8.802; Ord. No. 277, § 3, 10-15-1975)

Sec. 18-168. Storage of trailers.

(a) Definitions. The following words, terms andphrases, when used in this section, shall have themeanings ascribed to them in this subsection,except where the context clearly indicates a dif-ferent meaning:

Bus means a vehicle designed to transportmore than 12 persons.



Horse trailer means a trailer which is used ordesigned for the transportation of horses, cows orother livestock.

House trailer, large camper or similar type

vehicles means a vehicle which is or which cus-tomarily is equipped with living or sleeping facil-ities, whether self-propelled or designed to beused as a trailer or otherwise in conjunction witha motor-driven vehicle, the body of which exceeds12 feet in length and six feet in height above theground.

Truck means a truck in excess of one-ton ca-pacity.

(b) Storage regulations. No truck, horse trailer,bus, house trailer, large camper or similar typevehicle shall be stored or parked in the followingplaces within the corporate limits of the city:

(1) Upon a public street, right-of-way or ease-ment;

(2) Upon a vacant lot or tract of land;

(3) In the front yard of a residence or busi-ness, meaning that space between thefront building line of the lot or tract ofland and the street right-of-way line; or

(4) In the side yard of a residence or businessin the case of a corner lot or tract of land,meaning that space between the side build-ing line and the side street right-of-wayline.

(c) Exceptions. The provisions of this articleshall not apply to:

(1) The temporary storage or parking of atruck, horse trailer, bus, house trailer,large camper or similar type vehicle. Asused herein, the term "temporary storageor parking" shall mean a period of timenot more than 36 hours during any seven-day period;

(2) The storage or parking of a truck, horsetrailer, bus, house trailer, large camper orsimilar type vehicle upon the premises ofa commercial establishment if such vehi-cle is used incidentally with operation ofthe business of the commercial establish-ment;

(3) The storage or parking of a truck, horsetrailer, bus, house trailer, large camper orsimilar type vehicle is being used inciden-tally with a construction project; or

(4) The storage or parking of a truck, horsetrailer, bus, house trailer, large camper orsimilar type vehicle upon the premises ofa commercial establishment if such com-mercial establishment is engaged in thebusiness of selling repairing, maintainingor storing such vehicles.

(Code 2002, § 8.804; Ord. No. 275, §§ 2—5, 6-17-1975)


ARTICLE VIII. JUNKED MOTOR

VEHICLES*



Antique vehicle means a passenger car or truckthat is at least 25 years of age.

Collector means the owner of one or moreantique or special interest vehicles who collects,purchases, acquires, trades, or disposes of specialinterest or antique vehicles or parts of them forpersonal use in order to restore, preserve, andmaintain an antique or special interest vehicle forhistoric interest.

Demolisher means any person whose businessis to convert the motor vehicle into processedscrap or scrap metal or otherwise to wreck ordismantle motor vehicles.

Inoperative means incapable of being movedwith the power generated from the engine mountedin the vehicle.

Junked vehicle means a motor vehicle that isself-propelled and does not have lawfully affixed

*State law reference—Regulation of abandoned andjunked motor vehicles, V.T.C.A., Transportation Code ch. 683.


CD18:15

to it either an unexpired license plate or a validmotor vehicle safety inspection certificate, and iseither:

(1) Wrecked, dismantled, or partially disman-tled or discarded; or

(2) Inoperable and has remained inoperablefor more than 72 consecutive hours, if onpublic property; or 30 consecutive days, ifon private property.

Junkyard means a business that stores, buysor sells materials that have been discarded or soldat a nominal price and keeps all or part of thematerials outdoors until disposing of them.

Licensed motor vehicle dealer means a personwho is licensed as a motor vehicle dealer underV.T.C.A., Occupations Code ch. 2301.

Motor vehicle means any motor vehicle subjectto registration pursuant to the Texas Certificateof Title Act (V.T.C.A., Transportation Code ch.501).

Special interest vehicle means a motor vehicleof any age that has not been altered or modifiedfrom the original manufacturer's specificationsand, because of its historic interest, is beingpreserved by a hobbyist.(Code 2002, § 8.1001; Ord. No. 633, 11-16-2004)

Sec. 18-191. Penalty for violation.

Any owner or occupant of a premises, includingany person having ownership, occupancy or con-trol of any property in the city on which thereexists a nuisance as herein set out, who shall fail,refuse or neglect to remove therefrom, after re-ceiving due notice as herein set out, or refuse toabide by any order requiring the removal of suchnuisance shall be deemed guilty of a misde-meanor.(Code 2002, § 8.1002; Ord. No. 633, 11-16-2004)

Sec. 18-192. Purview of article.

It is not intended by this article to makeprovisions pertaining to abandoned motor vehi-cles as that term is defined by the Texas Aban-doned Motor Vehicle Act, V.T.C.A., TransportationCode ch. 683.(Code 2002, § 8.1003; Ord. No. 633, 11-16-2004)

Sec. 18-193. Exemptions.

This article shall not apply to:

(1) A vehicle or part thereof that is com-pletely enclosed in a building in a lawfulmanner and is not visible from the streetor other public or private property; or

(2) A vehicle or part thereof that is stored orparked in a lawful manner on privateproperty in connection with the businessof a licensed vehicle dealer or junkyard, oran antique or special interest vehicle storedby a collector on the collector's property ifthe vehicle or vehicle parts and the out-door storage area are maintained in anorderly manner so that they do not con-stitute a health hazard, and are screenedfrom ordinary view by means of a fence,rapidly growing trees, shrubbery, or othermeans.

(Code 2002, § 8.1004; Ord. No. 633, 11-16-2004)

Sec. 18-194. Administration.

The administration of this article shall be byregularly salaried, fulltime employees of the city,except that the removal of vehicles or parts thereoffrom property may be by any other duly autho-rized person.(Code 2002, § 8.1005; Ord. No. 633, 11-16-2004)

Sec. 18-195. Delegation of authority.

Whenever the police chief is charged with theenforcement of this article, he may delegate suchauthority to any regularly salaried employee ofthe police department of the city.(Code 2002, § 8.1006; Ord. No. 633, 11-16-2004)

Sec. 18-196. Declaration of public nuisance.

A junked vehicle (including a part of a junkedvehicle) that is visible at any time of the year froma public place or public right-of-way is detrimen-tal to the safety and welfare of the general public,causes a decrease in property values, invitesvandalism, creates fire hazards, constitutes anattractive nuisance thereby creating a hazard tothe health and safety of minors, and is detrimen-tal to the economic welfare of the state, producing


CD18:16

urban blight adverse to the maintenance andcontinuing development of the city, is therefordeclared to be a public nuisance.(Code 2002, § 8.1007; Ord. No. 633, 11-16-2004)

Sec. 18-197. Nuisance prohibited.

(a) It shall be unlawful for any person to leaveor allow to remain upon public property (except ashereinafter provided) within the city limits, anyjunked vehicle or parts or portion thereof thatthey own or control for any period of time inexcess of ten days.

(b) It shall be unlawful for any person to leaveor allow to remain upon private property thatthey own or occupy (except as hereinafter pro-vided) within the city limits, any junked vehicleor parts or portion thereof that they own orcontrol for any period of time in excess of ten days.(Code 2002, § 8.1008; Ord. No. 633, 11-16-2004)

Sec. 18-198. Notice to abate nuisance; pub-

lic hearing.

(a) Whenever it is brought to the attention ofthe police chief of the city that a public nuisance,as defined herein, exists on private property inthe city limits, the police chief shall give or causeto be given, in writing, notice stating the nature ofthe public nuisance on private property and thatit must be removed and abated within ten days ofthe date the notice was personally delivered ormailed and any request for a hearing must bemade before the expiration of such ten-day period.The notice must be personally delivered or mailedby certified mail with a five-day return receiptrequest to the last known registered owner of thejunked motor vehicle, each lienholder of recordand the owner or occupant of the property onwhich the public nuisance is located, or if thenuisance is on a public right-of-way, the propertyadjacent to the right-of-way. If the notice is re-turned by the United States post office as unde-liverable, official action to abate such nuisanceshall be continued to a date not less than 11 daysfrom the date of return of such notice.

(b) If the post office address of the last knownregistered owner of the junked vehicle is un-known, then the notice provided for in subsection

(a) of this section shall be placed upon the junkedvehicle and, if the owner is located, such noticeshall be personally delivered to the owner.

(c) A public hearing shall be held prior to theremoval of the junked vehicle or any part thereofas a public nuisance; the same shall be heldbefore the municipal judge of the city, when suchhearing is requested by the owner or occupant ofthe public or private premises or by the owner oroccupant of the premises adjacent to the publicright-of-way on which the junked vehicle is lo-cated not earlier than the 11th day after the dateof service of notice to abate the nuisance. At thehearing, the junked vehicle is presumed, unlessdemonstrated otherwise by the owner, to be inop-erable. Any resolution or order requiring theremoval of the junked vehicle or any part thereofshall include a description, of the vehicle or partand the identification and license number of thevehicle, if available at the site.(Code 2002, § 8.1009; Ord. No. 633, 11-16-2004)

Sec. 18-199. Order by municipal judge.

(a) After the hearing is held by the judge of themunicipal court of the city, as herein provided, ifthe municipal judge finds that such a nuisanceexists, he shall order the owner or occupant of thepremises on which the vehicle is located to re-move such junked vehicle within ten days afterthe order is given to such owner or occupant of thepremises on which the junked vehicle is located.

(b) It shall be unlawful and a violation of thissection for any such person to whom such order isgiven to fail or refuse to comply therewith and toremove such junked vehicle within the time pro-vided by such order.(Code 2002, § 8.1010; Ord. No. 633, 11-16-2004)

Sec. 18-200. Duty of premises owner or oc-

cupant.

In the event the owner or occupant of thepremises does not request a hearing as hereinaboveprovided, it shall be his duty to comply with theprovisions of the notice given him/her and toabate such nuisance within ten days after thedate the notice was personally delivered or mailed.(Code 2002, § 8.1011; Ord. No. 633, 11-16-2004)


CD18:17Supp. No. 3

Sec. 18-201. Vehicles not to be made opera-

ble.

After a vehicle has been removed in accordancewith or under the terms and provisions of thisarticle, it shall not be reconstructed or madeoperable.(Code 2002, § 8.1012; Ord. No. 633, 11-16-2004)

Sec. 18-202. Notice to state.

Notice shall be given to the state department oftransportation, within five days after the date ofremoval, identifying the vehicle or part thereof.(Code 2002, § 8.1013; Ord. No. 633, 11-16-2004)

Sec. 18-203. Removal of vehicle.

Not earlier than the 11th day after notice hasbeen delivered to the owner or occupant of thepremises on which a junked vehicle is located, if ahearing is not requested, or if a hearing is re-quested, not earlier than the 11th day after anorder requiring the removal of such junked vehi-cle has been served upon or delivered to the owneror occupant of the premises on which such vehicleis located, the police chief or members of thepolice department acting under the direction ofthe police chief (if such nuisance has not beenabated) shall remove or cause to be removed thevehicle which was the subject of such notice to asuitable storage area designated by the policechief. Such vehicle shall be stored in such storagearea for a period of not less than ten days duringwhich period any party owning or claiming therights, title, or interest therein shall be entitled toclaim possession of same by the payment to thecity, the actual cost to the city of abating suchnuisance. The police chief may, in such cases if hedeems it necessary, require such person to postbond, in the amount as set by resolution orordinance by the city council from time to timeand kept on file in the office of the city secretary,conditioned that such person will not use suchvehicle to create another nuisance in the city.(Code 2002, § 8.1014; Ord. No. 633, 11-16-2004)

Sec. 18-204. Sale or disposal of vehicles.

When any junked vehicle has remained in thestorage area, provided for in this article, for notless than ten days, it shall be the duty of the

police chief to dispose of same by removal to ascrap yard or by sale to any suitable site operatedby the city or county for processing as scrap orsalvage.(Code 2002, § 8.1015; Ord. No. 633, 11-16-2004)

Sec. 18-205. Proceeds of sale; demolition.

(a) Out of the proceeds of the sale of anyjunked vehicle under this article, the police chiefshall pay for the cost of removal and storage, andthe balance, if any, shall be paid to the personentitled thereto (either the owner or lienholder).

(b) If there is not a bid or offer for the junkedvehicle, the police chief may dispose of same bycausing it to be demolished or removed to a placeprovided by the city council, or by permitting it tobe removed by a demolisher who is willing to do sofor the benefit of the junk or parts he can salvage.(Code 2002, § 8.1016; Ord. No. 633, 11-16-2004)


ARTICLE IX. SUBSTANDARD BUILDINGS

AND STRUCTURES

Sec. 18-224. Incorporation of provisions of

state law.

This article is adopted under authority of chap-ter 214, subchapter A of the Texas Local Govern-ment Code. Where any provision of this article isinconsistent with any provision of subchapter A,the applicable provision of subchapter A shallcontrol.(Ord. No. 740, § 1, 3-24-2009)


When used in this article, the following words,terms, and phrases are defined as follows:

Building. Any structure designed or built forthe support, enclosure, shelter, or protection ofpersons, animals, or property of any kind.

Structure. Anything constructed or erected whichrequires location on the ground or is attached tosomething having a location on the ground includ-


CD18:18Supp. No. 3

ing, but not limited to, signs, fences, walls, poles,and buildings, whether of a temporary or perma-nent nature.(Ord. No. 740, § 1, 3-24-2009)

Sec. 18-226. Substandard buildings and

structures.

Any building or structure which has any of thefollowing defects shall be deemed a substandardbuilding or structure and constitute a hazard tothe health, safety, and welfare of the citizens:

(1) Any building or structure that has be-come deteriorated or damaged throughexposure to the elements including, with-out limitation, flood, wind, hail, or rain, ordamage through fire, or damage by anyother cause, to the extent that either theroof, windows, or doors, or portions of thehouse, building, or structure which pro-tect from the weather will no longer rea-sonably protect from the weather.

(2) Any building or structure which is sostructurally deteriorated or damaged thatit is in danger of collapse or which cannotbe expected to withstand the reasonablyanticipated storms.

(3) Any building used for the occupancy ofone or more persons which is not con-nected to an approved public sanitarysewer.

(4) Any building or structure not constructedor maintained in conformity with applica-ble fire, electrical, plumbing, or buildingcodes of the city, when the nonconformityconstitutes a serious hazard to the safetyof persons or property.

(5) Any building or structure so constructedor maintained as to constitute a menaceto the health or safety, including:

a. All conditions conducive to the har-boring of rats, snakes, mice, otherdisease-carrying animals, or insectsreasonably expected to spread dis-ease; or

b. Conditions hazardous to the safetyof persons or property, such as the

presence of deteriorated materials,or inadequate bracing, structural sup-port, or construction; or

c. Conditions constituting an attrac-tive nuisance creating a hazard tothe health or safety of minors.

(Ord. No. 740, § 1, 3-24-2009)

Sec. 18-227. Declaration of nuisance.

Any building or structure within the city thatis substandard, as defined in this article, is de-clared to be a public nuisance.(Ord. No. 740, § 1, 3-24-2009)

Sec. 18-228. Inspections and reports.

The city building official, or other representa-tive designated by the city council, shall:

(1) Inspect any building or structure thatappears to be substandard;

(2) Present a report of the results of theinspection to the city council; and

(3) Where the building appears to be substan-dard, give appropriate notice to the prop-erty owner of any hearings scheduled forthe purpose of taking action to remedy thesituation.

(Ord. No. 740, § 1, 3-24-2009)

Sec. 18-229. Procedures.

The following procedures shall be applicablewhen the city is made aware of a substandardbuilding or structure.

(1) Emergency procedure. When an emer-gency exists, as defined below, the follow-ing procedures shall apply:

a. When it shall appear that a buildingor structure in the city is a substan-dard building or structure under thisarticle and that the building or struc-ture, or the manner of its use, con-stitutes an immediate and seriousdanger to life, public safety, or prop-erty, the condition shall be deemed ahazard justifying the use of emer-


CD18:19Supp. No. 3

gency measures, and the city councilmay order that any of the followingemergency measures be taken:

(i) Immediate vacation of the build-ing, structure, or adjoiningbuildings or structures;

(ii) Vacation of the danger areaaround the building or struc-ture;

(iii) The temporary emergency shor-ing and bracing of walls, roofs,and supports as are required toeliminate the immediate andserious threat of damage to lifeor property;

(iv) The posting of notices on ornear the building or structure,notifying the public of the citycouncil's orders and orderingall persons to keep out of thebuilding or structure and thesurrounding areas of danger.

b. When any of the above emergencymeasures are ordered to be taken,notice of the order shall be given bypersonal service on the owner and/oroccupant of the building or structureor the owner's representatives, or ifthe premises is unoccupied, by at-taching a copy of the notice in a placeof prominence on the building orstructure and causing a copy of thenotice to be mailed to the owner orhis representative by certified mail,return receipt requested. Upon theadoption of the emergency order thecity council shall schedule a hearingand cite the owner or his represen-tative to appear and show cause whythe building or structure should notbe declared a substandard buildingor structure and why he should notbe ordered to repair, vacate, or de-molish the building or structure. Thecitation shall be served with the no-tice of emergency order in accor-dance with the provisions of this

paragraph. The hearing shall be con-ducted in accordance with the provi-sions of subsection (2) hereof.

(2) Normal procedure.

a. When it shall come to the attentionof the city that a building or struc-ture in the city is substandard underthe provisions of this article, the citycouncil may schedule a hearing andcite the owner of the building orstructure or his representative toappear and show cause why the build-ing or structure should not be de-clared to be a substandard buildingor structure and why the ownershould not be ordered to repair, va-cate, or demolish the building orstructure. The date of the hearingshall be not less than ten days afterthe citation shall have been made.

b. The citation may be served by deliv-ery of a copy thereof to the ownerand occupant, or if the premises isunoccupied, by attaching a copy ofthe citation in a place of prominenceon the building or structure and caus-ing a copy of the citation to be mailedto the owner or his representative bycertified mail, return receipt re-quested.

c. On the day set in the citation thehearing shall be conducted and onthe basis of the hearing the citycouncil shall determine whether ornot the building or structure is asubstandard building or structure,and shall issue such orders as shallappear reasonably necessary to pre-vent the building or structure frombeing a hazard to life or propertyand to eliminate the substandardqualities.

(Ord. No. 740, § 1, 3-24-2009)

Sec. 18-230. Standards for orders.

The following standards may be followed by thecity council in ordering the repair, vacation, ordemolition of a substandard building or structure:

(1) If the substandard building or structurecan reasonably be repaired so that it will


CD18:20Supp. No. 3

no longer be in a condition which is inviolation of the provisions of this article, itshall be ordered repaired.

(2) If the substandard building or structureis in such condition as to make it danger-ous to the health, morals, safety, or gen-eral welfare of its occupants, the citizensof the city, or to the public, it shall beordered to be vacated.

(3) In any case where a substandard buildingor structure cannot be repaired so that itsexistence will no longer be in violation ofthe provision of this article, it shall beordered demolished.

(Ord. No. 740, § 1, 3-24-2009)

Sec. 18-231. Remedial action.

(a) After the hearing, if the building or struc-ture is found to be substandard, the city councilmay direct that the building or structure berepaired or removed within a reasonable time. Ifthe repair or removal has not been made at theexpiration of the allotted time, the city maydemolish and remove the building or structures atthe expense of the city and assess the expensesthereof by filing a lien on the land on which thebuilding or structure stood or to which it wasattached.

(b) Notice of the assessment of the lien shall besigned in name of the city by the mayor. It shallstate that the city council has ordered or directedthe removal of a building or structure determinedto be substandard, after notice to the owner andpublic hearing in accordance with this article, andthat the failure of the owner to remove the sub-standard building or structure has resulted in theremoval thereof at the expense of the city, whichexpense has been assessed by the city council onthe land on which the building or structure stoodor to which it was attached. The notice shallfurther designate and describe the property againstwhich the lien is assessed and the amount of theassessment.

(c) The notice shall be filed with the clerk ofthe county in which the property is located with acopy served on the owner of the property or hisrepresentative by personal service or certifiedmail, return receipt requested.(Ord. No. 740, § 1, 3-24-2009)


CD18:21Supp. No. 3

Chapter 19

RESERVED

CD19:1

Chapter 20

FIRE PREVENTION AND PROTECTION*


Sec. 20-1. Fire service local agreement.Secs. 20-2—20-20. Reserved.

Article II. Fire Code

Sec. 20-21. International fire code adopted.Sec. 20-22. Amendments.Secs. 20-23—20-47. Reserved.

Article III. Fire Sprinkler Systems

Sec. 20-48. NFPA 13, NFPA 13D and NFPA 13R 1996 Edition Standardsadopted.

Sec. 20-49 Amendments to NFPA 13D.Secs. 20-50—20-71. Reserved.

Article IV. Fireworks

Sec. 20-72. Definitions.Sec. 20-73. Prohibited activities.Secs. 20-74—20-104. Reserved.

Article V. Fire Hydrants

Sec. 20-105. Obstruction prohibited.Sec. 20-106. Turn-on by unauthorized persons unlawful.Secs. 20-107—20-125. Reserved.

Article VI. Fire Lanes

Sec. 20-126. When required.Sec. 20-127. Specifications.Sec. 20-128. Designation by fire marshal.Sec. 20-129. Signs.Sec. 20-130. Altering, defacing, destroying of fire lane or tow-away sign.Sec. 20-131. Abandonment or closing.Sec. 20-132. Parking in fire lanes prohibited.Sec. 20-133. Modifications.Sec. 20-134. Enforcement; issuance of citations; impoundment of obstructions.Sec. 20-135. Plats with fire lanes.Sec. 20-136. Penalties.Secs. 20-137—20-155. Reserved.

Article VII. Arson Reward

Sec. 20-156. Established.Sec. 20-157. Determination, form and posting.Sec. 20-158. Payment.

*State law references—Public safety, V.T.C.A., Local Government Code ch. 341 et seq.; safety, V.T.C.A., Health and SafetyCode ch. 751 et seq.

CD20:1


Sec. 20-1. Fire service local agreement.

(a) An interlocal cooperation agreement regard-ing a common fire department was duly enteredinto on December 20, 1978, by and between theCity of Bunker Hill Village, Texas, the City ofHedwig Village, Texas, the City of Hilshire Vil-lage, Texas, the City of Hunters Creek Village,Texas, the City of Piney Point Village, Texas, andthe City of Spring Valley, Texas.

(b) The aforementioned agreements and allordinances and resolutions amending same arenot herein reproduced, but are hereby specificallysaved from repeal and shall be maintained on filein the office of the city secretary.(Code 2002, §§ 9.301, 9.303)


ARTICLE II. FIRE CODE

Sec. 20-21. International fire code adopted.

The International Fire Code, 2009 Edition,hereinafter sometimes referred to as the "code,"with appendices "A" through "G," as published bythe International Code Council, Inc., and asamended herein, is hereby adopted and madeapplicable within the city. A copy of the code shallbe maintained on file in the office of the citysecretary.(Code 2002, § 5.101; Ord. No. 586, 6-19-2001; Ord.No. 630, 10-19-2004; Ord. No. 794, § 1, 3-27-2012)


(a) Section 307.1 of the fire code adopted inthis article is hereby amended to provide asfollows:

307.1. General. Open burning of rubbish,combustible vegetation and other waste is pro-hibited.

(b) Section 903.2 of the International Fire Code,as adopted and amended by the city, is furtheramended to read as follows:

An automatic sprinkler system shall be in-stalled, and maintained in operating condition,

in all new and existing buildings and struc-tures containing an enclosed area of 1,000square feet or more and built for, or to beutilized as, any of the occupancy classificationsdefined by the International Fire Code, exceptMiscellaneous Group U.

Provided however, that an automatic sprin-kler system shall not be required for an exist-ing building or structure unless and until:

(1) The enclosed floor area of the building orstructure, as it existed on the effectivedate of the ordinance from which thissection is derived, is increased by 50 per-cent or more;

(2) For a non-residential occupancy classifi-cation, 50 percent or more of the existingenclosed floor area of the building is ren-ovated, remodeled or restored; or

(3) For a residential occupancy classification,50 percent or more of the space within thedwelling used for living, sleeping, eating,cooking, bathing, washing, and sanitationpurposes is renovated, remodeled, or re-stored.

And provided further that an automatic sprin-kler system shall not be required in spaces orareas in telecommunication buildings used ex-clusively for telecommunications equipment,associated electrical power distribution equip-ment, batteries, and standby engines, if thosespaces or areas are equipped throughout withan automatic fire alarm system and are sepa-rated from the remainder of the building by awall with a fire-resistance rating of not lessthan one hour and floor/ceiling assembly with afire-resistance rating of not less than two hours.

(c) Sections 903.2.1 through 903.2.14.2 of suchcode are hereby deleted.

(d) Section 903.3 of such code is hereby amendedto provide as follows:

903.3. Installation requirements. Automaticsprinkler systems shall be designed and in-stalled in accordance with sections 903.3.2through 903.3.7.

(e) Sections 903.3.1 through 903.3.1.3 of suchcode are hereby deleted.

§ 20-22FIRE PREVENTION AND PROTECTION

CD20:3Supp. No. 7

(f) Section 905.3 of such code is hereby amendedto provide as follows:

905.3. Required installations. Class I stand-pipe systems shall be installed at all Residen-tial Group R occupancies located on flag lots,the location of which shall be approved by thefire chief; otherwise, standpipe systems shallbe provided as set forth in sections 905.3.1through 905.11.

(g) Section 907.3.1.1 of such code is herebyamended to provide as follows:

907.3.1.1. Educational Group E. Educa-tional Group E Occupancies, including daynurseries, day care centers and preschool cen-ters having an occupancy load of six or morepersons shall be required to install an auto-matic fire alarm system to include an approvedmanual pull-down station. Each system shallincorporate smoke detection devices in eachoccupiable area, with all detectors intercon-nected in such a way that activation of anyrequired detector shall automatically activateall detectors.

(h) Section 3301.1.3 of such code is herebyamended by deleting subsections 1 through 4.

(i) Sections 3301.1.4 through 3301.8.1.4 of suchcode are hereby deleted.

(j) Section 3305.1 of such code is herebyamended to provide as follows:

3305.1. General. The manufacture, assem-bly and testing of explosives, ammunition, blast-ing agents and fireworks are prohibited.

(k) Sections 3305.2 through 3305.9 of suchcode are hereby deleted.

(l) Sections 3308.1 through 3308.11 of suchcode are hereby deleted.

(m) Section 3404.2.9.5.1 of such code is herebyamended to provide as follows:

3404.2.9.5.1. Locations where abovegroundtanks are prohibited.

Except as otherwise provided in this section,storage of Class I and Class II liquids inaboveground tanks outside of buildings is pro-hibited within the city limits of the city. The

fire marshal may approve temporary storage ofClass I and Class II liquids in portableaboveground tanks at construction sites. Stor-age by political subdivisions of this state ofdiesel fuel in aboveground tanks enclosed inconcrete is exempt from the provisions of thissection.

(Code 2002, § 5.102; Ord. No. 586, 6-19-2001; Ord.No. 619, 12-16-2003; Ord. No. 630, 10-19-2004;Ord. No. 679, § 3, 2-27-2007)


ARTICLE III. FIRE SPRINKLER SYSTEMS

Sec. 20-48. NFPA 13, NFPA 13D and NFPA

13R 1996 Edition Standards ad-

opted.

The NFPA 13, NFPA 13D, and NFPA 13R, 1996Edition Standards, hereinafter sometimes re-ferred to as the "standards," as published by theNational Fire Protection Association, Inc., and asamended herein, are hereby adopted. A copy ofsuch standards is made a part hereof for allpurposes, an authentic copy of which has beenfiled with the city secretary.(Code 2002, § 5.201; Ord. No. 587, § 1, 6-19-2001)

Sec. 20-49. Amendments to NFPA 13D.

(a) Section 1-3 of NFPA 13D is hereby amendedby deleting the definition of the term "checkvalve"and substituting therefor a new definition toprovide as follows:

Dual checkvalve. A valve that allows flow inone direction only, on the system side, as de-picted on the diagram of same on AttachmentNo. 1 to the ordinance from which this sectionis derived.

(b) Section 3-1.1 of NFPA 13D is herebyamended by deleting all of section 3-1.1 thereofand substituting therefor a new section 3-1.1 toprovide as follows:

3-1.1. Each system shall have a single con-trol valve arranged to shut off both the domes-tic system and the sprinkler system, and thereshall be a separate shutoff valve for the domes-tic system only. However, the sprinkler system


CD20:4Supp. No. 7

piping shall be permitted to have a separatecontrol valve where supervised by a centralstation or remote station alarm service.

(c) NFPA 13D is hereby further amended byadding to chapter 3 a new section 3-1.5 to provideas follows:

3-1.5. Dual checkvalve. Each sprinkler sys-tem shall be equipped with a dual checkvalveassembly to be located on the sprinkler systemside of the water meter, as depicted on Attach-ment 1 to the ordinance from which this sectionis derived.

(d) Section 4-3.3.2 of NFPA 13D is herebyamended by deleting all of section 4-3.3.2 thereofand substituting therefor a new section 4-3.3.2 toprovide as follows:

4-3.3.2. The use of antifreeze solutions shallbe prohibited.

(e) Section 4-6 of NFPA 13D is hereby amendedby deleting all of section 4-6 thereof and substi-tuting therefor a new section 4-6 to provide asfollows:

4-6. Location of sprinklers. Sprinklers shallbe installed in all areas.

Exception No. 1: Sprinklers are not requiredin bathrooms of 55 ft2 (5.1 m2) and less.

Exception No. 2: Sprinklers are not requiredin clothes closets, linen closets and pantrieswhere the area of the space does not exceed 24ft2 (2.2 m2) and the least dimension does notexceed three feet (0.9 m) and the walls andceilings are surfaced with noncombustible orlimited-combustible materials as defined inNFPA 220, Standard on Types of BuildingConstruction.

Exception No. 3: Sprinklers are not requiredin detached garages, open attached porches,carports and similar open structures.

Exception No. 4: Sprinklers are not requiredin attics that are not used for living spaceexcept that one sprinkler head shall be placedover each heating device such as hot waterheater or home heating device.

Exception No. 5: Sprinklers are not requiredin entrance foyers that are not the only meansof egress.

(Code 2002, § 5.202; Ord. No. 587, § 2, 6-19-2001)


ARTICLE IV. FIREWORKS*



Fireworks means and includes any combustibleor explosive composition, or any substance orcombination of substances or article prepared forthe purpose of producing a visible or an audibleeffect by combustion, explosion, deflagration ordetonation; this however, shall not be construedto include ammunition or weapons.(Code 2002, § 5.301; Ord. No. 253, 9-19-1973)

Sec. 20-73. Prohibited activities.

(a) The sale, storage, use, explosion, having ormanufacturing of fireworks within the city ishereby prohibited.

(b) No relation in the ascending line of a mi-nor, or a guardian of a minor, shall furnish moneyto a minor for the purchase of fireworks, orencourage, act in conjunction with or in anymanner instigate or aid a minor in having, explod-ing, storing, selling, using or manufacturing fire-works within the corporate limits of the city. Thisshall be an offense, regardless of whether theminor has been found guilty of the offense. Thecommission of any of the aforesaid acts by theminor on property under the control or owned bythe relation or guardian or on property withintheir sight or hearing shall be prima facie evi-dence that the relation or guardian was instigat-ing or aiding the minor.(Code 2002, § 5.302; Ord. No. 253, 9-19-1973)

*State law references—Authority of municipality to reg-ulate the use of fireworks, V.T.C.A., Local Government Code§ 342.003; regulation of fireworks and fireworks displays,V.T.C.A., Occupations Code ch. 2154.


CD20:5


ARTICLE V. FIRE HYDRANTS

Sec. 20-105. Obstruction prohibited.

It shall be unlawful to maintain or permit to bemaintained any tree, shrub or any other obstruc-tion whatsoever within ten feet of any fire hy-drant within the city.(Code 2002, § 5.400; Ord. No. 124, 7-11-1960; Ord.No. 151, 12-11-1961)

Sec. 20-106. Turn-on by unauthorized per-

sons unlawful.

It shall be unlawful for any person not afireman, policeman or employee of the MemorialVillages Water Authority, nor authorized in writ-ing by such corporation to do so, to turn on anyfire hydrant within the city.(Code 2002, § 5.400; Ord. No. 151, 12-11-1961)


ARTICLE VI. FIRE LANES

Sec. 20-126. When required.

No building or other type of construction foroccupancy shall be constructed in such a mannerthat any part of the structure is more than 150feet from a public street or highway; provided,however, that such structure may be erected at agreater distance if the owner designates, con-structs and maintains a fire lane or access ease-ment having a minimum width of 20 feet and aminimum height clearance of 20 feet runningfrom a public street or highway terminating within100 feet of the furthest point of such structure;providing further, however, that no fire lane shallbe required for any single-family or duplex resi-dential building.(Code 2002, § 5.501; Ord. No. 486, § 1, 12-15-1992)

Sec. 20-127. Specifications.

Any fire lane more than 100 feet in length shalleither connect at each end to a dedicated street orbe provided with a turnaround having a mini-

mum radius of 50 feet, excluding cul-de-sac me-dians when measured from curb to curb. All firelanes shall be maintained and kept in a state ofgood repair at all times by the owner, manager orperson in charge of the premises and the city shallnot be responsible for the maintenance thereof.(Code 2002, § 5.502; Ord. No. 486, § 2, 12-15-1992)

Sec. 20-128. Designation by fire marshal.

The fire marshal or his authorized representa-tive is hereby authorized and directed to desig-nate adequate fire lanes and/or turnarounds toexisting buildings as may be necessary for firedepartment access in the event of fire in suchbuildings. Any such fire lane designation for ex-isting buildings shall comply as nearly as isreasonably possible to the requirements hereinfor new buildings.(Code 2002, § 5.503; Ord. No. 486, § 3, 12-15-1992)

Sec. 20-129. Signs.

(a) Posting and maintaining. The owner, man-ager or person in charge of any building to whichfire lanes have been approved by the fire marshalor his authorized representative shall post andmaintain appropriate signs in conspicuous placesalong such fire lanes stating, "NO PARKING—FIRE LANE." Such signs shall be 12 inches wideand 18 inches high, with a companion sign 12inches wide and six inches high stating, "TOW-AWAY ZONE."

(b) Coloring and mounting. Any "NO PARK-ING—FIRE LANE" or "TOW-AWAY ZONE" signshall be painted on a white background withsymbols, letters and border in red. Standards formounting, including but not limited to the heightabove the grade at which such signs are to bemounted, shall be adopted by the fire marshal ofthe city.

(c) Placement. Where the placement of suchsigns is not applicable or when in the opinion ofthe fire marshal or his representative such signswould cause a burden on the management, curbmarkings may be used.

(d) Curb markings. Any "NO PARKING—FIRE LANE" or "TOW-AWAY ZONE" curb mark-ings shall be painted on a red background with


CD20:6

symbols and letters in yellow. Such lettering shallbe a minimum of four inches in height. Suchlettering shall state: "NO PARKING—FIRELANE—TOW-AWAY ZONE."(Code 2002, § 5.504; Ord. No. 486, § 4, 12-15-1992)

Sec. 20-130. Altering, defacing, destroying of

fire lane or tow-away sign.

It is hereby unlawful for any person withoutlawful authority to attempt or in fact alter, de-stroy, deface, injure, knock down or remove anysign designating a fire lane or tow-away zoneerected under the terms of this article.(Code 2002, § 5.505; Ord. No. 486, § 5, 12-15-1992)

Sec. 20-131. Abandonment or closing.

It shall be unlawful for any owner, manager orperson in charge of any premises served by arequired fire lane to abandon or close such firelane without written permission of the fire mar-shal of the city.(Code 2002, § 5.506; Ord. No. 486, § 6, 12-15-1992)

Sec. 20-132. Parking in fire lanes prohib-

ited.

(a) It shall be unlawful for any person to park,place, allow, permit or cause to be parked, placedor remain unattended any motor vehicle, trailer,boat or similar obstruction within or upon an areadesignated as a fire lane and marked by anappropriate marking.

(b) Any motor vehicle, trailer, boat or similarobstruction found parked or unoccupied within anarea designated as a fire lane, as required by thissection, is hereby declared a nuisance per se; andany such motor vehicle, trailer, boat or similarobstruction parked or unoccupied in such manneras to obstruct in whole or in part any such firelane shall be prima facie evidence that the regis-tered owner unlawfully parked, placed or permit-ted to be parked or placed such obstruction withina fire lane.

(c) The records of the state highway depart-ment or the county highway license departmentshowing the name of the person to whom the state

highway license or boat or trailer license is issuedshall constitute prima facie evidence of ownershipby the named person.(Code 2002, § 5.507; Ord. No. 486, § 7, 12-15-1992)

Sec. 20-133. Modifications.

The fire marshal shall have the power to mod-ify any of the provisions of this article, uponapplication in writing by the owner or lessee orhis duly authorized agent, when there are practi-cal difficulties in the way of carrying out the strictletter of this article; provided that the spirit ofthis article shall be observed, public safety se-cured and substantial justice done. The particu-lars of such modification when granted or allowedand the decision of the fire marshal thereon shallbe entered upon the records of the city and asigned copy shall be furnished to the applicant.(Code 2002, § 5.508; Ord. No. 486, § 8, 12-15-1992)

Sec. 20-134. Enforcement; issuance of cita-

tions; impoundment of obstruc-

tions.

(a) The fire marshal (or any member of the firemarshal's office designated by the fire marshal) orthe chief of police (or any member of the policedepartment designated by the chief of police) ishereby authorized to issue parking citations forany motor vehicle, trailer, boat or similar obstruc-tion found parked or unattended in or upon adesignated fire lane and may have such obstruc-tion removed by towing it away. Such vehicle orobstruction may be redeemed by payment of thetowage and storage charges.

(b) No parking citation shall be voided norshall the violator be relieved of any penalty as-sessed by a judge of the municipal court by theredemption of the obstruction from the storagefacility.(Code 2002, § 5.509; Ord. No. 486, § 9, 12-15-1992)

Sec. 20-135. Plats with fire lanes.

(a) Review process. Prior to the issuance of abuilding permit, plats with designated fire lanesshall be submitted to the fire marshal for hisreview, who then will approve or disapprove the


CD20:7

designated fire lanes and indicate the neededsigns and pavement markings. One of these platsshall be retained by the fire marshal of the city.

(b) Contractor requirement to provide all-

weather fire lane. The contractor or person incharge of any construction site for commercial,industrial, mercantile, educational, institutional,assembly, hotel or multifamily dwelling occupan-cies shall provide and maintain during construc-tion an approved all-weather fire lane, not lessthan 20 feet in width, as shown on approved plats.Final paving of such fire lane shall be completedprior to issuance of any certificate of occupancy.(Code 2002, § 5.510; Ord. No. 486, § 10, 12-15-1992)

Sec. 20-136. Penalties.

Any person who shall violate any provision ofthis article or who shall fail to comply herewith,or who shall violate or fail to comply with anyorder made hereunder, or who shall build inviolation of any detailed statement of specifica-tions or plans submitted and approved hereunderor any certificate or permit issued hereunder,shall severally for each and every violation andnoncompliance respectively be guilty of a misde-meanor.(Code 2002, § 5.511; Ord. No. 486, § 11, 12-15-1992)


ARTICLE VII. ARSON REWARD*

Sec. 20-156. Established.

The mayor of the city is hereby required, au-thorized and empowered to offer a reward of notless than $250.00 payable to the person who shallbe responsible for the arrest and conviction of anyperson committing in the city the crime of arsonas the same is now defined by the state penalcode.(Code 2002, § 5.601)

Sec. 20-157. Determination, form and post-

ing.

Whenever the mayor shall be informed thatany fire occurring in such city was of an incendi-ary origin, he shall call for a report on the same bythe city fire marshal. If the fire marshal shallreport that such fire was caused by the commis-sion of the crime of arson, it shall become the dutyof the mayor to offer the reward prescribed insection 20-156. Such reward shall be in the formof a proclamation duly issued by the mayor underhis official signature and attested by the seal ofthe city, and which shall be posted upon conspic-uous places, one of which shall be the city hall inaccordance with the regulations of the state in-surance department.(Code 2002, § 5.602)

Sec. 20-158. Payment.

(a) Upon information being given by any per-son causing the arrest and conviction of anyperson guilty of the specific crime of arson andupon the final conviction of such person, theperson giving such information shall be entitledto receive the reward offered in section 20-156from the city.

(b) The city council shall be the sole and exclu-sive judge in determining eligibility for the re-ward offered hereunder.

(c) Persons providing information hereundermay remain anonymous.(Code 2002, § 5.603)

*State law reference—Provisions regarding arson,V.T.C.A., Penal Code § 28.02.


CD20:8

Chapter 21

RESERVED

CD21:1

Chapter 22

LAW ENFORCEMENT*

(RESERVED)

*State law references—Vernon's Ann. C.C.P. ch. 1 et seq.; V.T.C.A., Penal Code ch. 1 et seq.; public safety, V.T.C.A., LocalGovernment Code ch. 341 et seq.

CD22:1

Chapter 23

RESERVED

CD23:1

Chapter 24

MUNICIPAL COURT*


Sec. 24-1. Building security fund.Sec. 24-2. Technology fee.Secs. 24-3—24-22. Reserved.

Article II. Municipal Court Judge

Sec. 24-23. Defined.Sec. 24-24. Eligibility for appointment.Sec. 24-25. Term of office.Sec. 24-26. Alternates.Sec. 24-27. Clerk.Sec. 24-28. Special expense fee.Sec. 24-29. Certified copies of ordinances.

*State law references—Judicial branch, V.T.C.A., Government Code ch. 21 et seq.; municipal courts, V.T.C.A., GovernmentCode ch. 29.

CD24:1


Sec. 24-1. Building security fund.

(a) Created, established. There is hereby cre-ated and established a municipal court buildingsecurity fund, the "fund," pursuant to Vernon'sAnn. C.C.P. art. 102.017.

(b) Security fee assessment authorized, re-

quired. The municipal court of the city, the "mu-nicipal court," is hereby authorized and requiredto assess a municipal court building security fee,the "fee," in the amount as set by resolution orordinance of the city council from time to time andkept on file in the office of the city secretary,against all defendants convicted in a trial of amisdemeanor offense by the municipal court. Eachmisdemeanor conviction shall be subject to aseparate assessment of the fee.

(c) Fee collection. The municipal court clerk ishereby authorized and required to collect the feeand to pay same to the treasury of the city. All feesso collected and paid over to the treasury of thecity shall be segregated in the fund.

(d) Financing security devices, services. Thefund shall be used only for the purpose of financ-ing the purchase of security devices and/or ser-vices for the building housing the municipal courtof the city. Security devices and/or services shallinclude any and all items described in Vernon'sAnn. C.C.P. art. 102.017(d).

(e) Administration. The fund shall be admin-istered by or under the direction of the citycouncil.(Code 2002, § 7.200; Ord. No. 526, 11-19-1996)

State law reference—Authority to establish municipalcourt building security fund, Vernon's Ann. C.C.P. art. 102.017.

Sec. 24-2. Technology fee.

(a) Created, established. There is hereby cre-ated and established a municipal court technol-ogy fund, the "fund," pursuant to Vernon's Ann.C.C.P. art. 102.0172.

(b) Assessment authorized, required. The mu-nicipal court of the city is hereby authorized andrequired to assess a municipal court technologyfee, the "fee," in the amount set by resolution orordinance of the city council from time to time and

kept on file in the office of the city secretaryagainst all defendants convicted of a misde-meanor offense in the municipal court. Each mis-demeanor conviction shall be subject to a separateassessment of the fee.

(c) Collection. The municipal court clerk ishereby authorized and required to collect the feeand to pay same to the treasury of the city. All feesso collected and paid over to the treasury of thecity shall be segregated in the fund.

(d) Financing technological enhancements. Thefund shall be used only for the purposes of financ-ing the purchase of items used to provide certaintechnological enhancements for the municipal courtof the city. Technological enhancement items shallinclude any and all items described in Vernon'sAnn. C.C.P. art. 102.0172(d).

(e) Administration. The fund shall be admin-istered by or under the direction of the citycouncil.(Code 2002, § 7.300; Ord. No. 561, 9-21-1999)

State law reference—Authority to establish municipalcourt technology fund, Vernon's Ann. C.C.P. § 102.0172.


ARTICLE II. MUNICIPAL COURT JUDGE*

Sec. 24-23. Defined.

The term "municipal court judge" refers to thatperson so appointed by the city council, in accor-dance with the provisions of V.T.C.A., Govern-ment Code ch. 29, charged with responsibility forthe duties imposed herein, as well as ch. 29 of theGovernment Code.(Code 2002, § 7.101)

Sec. 24-24. Eligibility for appointment.

To be eligible for appointment to such office, aperson must be duly licensed to practice law inthe state.(Code 2002, § 7.103; Ord. No. 357, § 2, 2-17-1981)

*State law reference—Municipal court judges, generally,V.T.C.A., Government Code § 29.004.

§ 24-24MUNICIPAL COURT

CD24:3

Sec. 24-25. Term of office.

The term of office of the person appointed judgeof the municipal court shall be two years.(Code 2002, § 7.104; Ord. No. 357, § 3, 2-17-1981)

Sec. 24-26. Alternates.

(a) From time to time and as the occasion maywarrant or require, the city council shall appointtwo persons as alternate municipal judges of thecity. Such persons must possess the qualificationsprescribed for the regular municipal judge andshall act or sit for the regular municipal judgeonly on those occasions when such regular munic-ipal judge is temporarily unable to act in suchcapacity.

(b) While acting or sitting as an alternate forthe regular municipal judge, the alternate munic-ipal judge shall have all of the powers and dutiesof the office of the regular municipal judge andshall be entitled to such compensation as may beestablished by the city council.

(c) The persons hereby appointed as alternatemunicipal judges of the city are not appointed tosuch position for a specific term or time and shallnot have a property right in continued service inor appointment or reappointment to such posi-tion; rather, they shall serve in such position atthe will and pleasure of the city council and maybe removed from or replaced in such position atany time by the city council, with or withoutcause.

(d) With and by the appointments herein made,any and all appointments heretofore made to theposition of alternate municipal judge of the cityare vacated and terminated and any person here-tofore appointed to such position shall cease tohold the same from and after the date hereof.(Code 2002, § 7.105; Ord. No. 491, §§ 2, 3, 5, 6,7-20-1993)

Sec. 24-27. Clerk.

(a) The city secretary shall be ex officio clerk ofthe municipal court who may be authorized toappoint a deputy with the same power as thesecretary and shall hold office during his term ascity secretary.

(b) The clerk shall keep minutes of the proceed-ings of such court, issue all processes and gener-ally perform all of the duties of the clerk of a courtas prescribed by law for a county clerk in so far asthe same may be applicable.(Code 2002, § 7.106; Ord. No. 22, 11-7-1955)

State law reference—Municipal court clerk, generally,V.T.C.A., Government Code § 29.010.

Sec. 24-28. Special expense fee.

The presiding judge and any associate or alter-nate judge of the municipal court of this city may,after conviction, assess upon the defendant aspecial expense fee as set by resolution or ordi-nance of the city council from time to time andkept on file in the office of the city secretary, forthe issuance and service of a warrant of arrest foran offense committed under V.T.C.A., Penal Code§ 38.10, bail jumping and failure to appear, orunder V.T.C.A., Transportation Code § 543.009,violation of written promise to appear. The pre-siding judge and any associate or alternate judgeof the municipal court of the city may assess thespecial expense fees described in Vernon's Ann.C.C.P. art. 17.04, dealing with the requisites of apersonal bond and a special expense fee for theissuance and service of a warrant of arrest, afterdue notice, as set by resolution or ordinance of thecity council from time to time and kept on file inthe office of the city secretary. The presiding judgeand any associate or alternate judge of the mu-nicipal court of the city may assess the specialexpense fee described in Vernon's Ann. C.C.P. art.45.203, dealing with the collection of expenses forservices performed in cases in which the laws ofthe state require that the case be dismissed by oron behalf of a defendant in compliance with theprovisions of Vernon's Ann. C.C.P. art. 45.0511(B),set by resolution or ordinance of the city councilfrom time to time and kept on file in the office ofthe city secretary.(Code 2002, § 7.107; Ord. No. 423, § 1, 9-15-1987)

Sec. 24-29. Certified copies of ordinances.

The municipal court of the city is authorized toaccept copies of ordinances, certified to be trueand correct copies of the originals by the custo-dian of the ordinances, the city secretary, or adeputy city secretary. Such certified copies shall


CD24:4

constitute prima facie proof of the content of theoriginal ordinance. Such prima facie proof shallnot preclude the acceptance of other or differentproof concerning content of the original ordi-nance.(Code 2002, § 7.108; Ord. No. 273, 4-16-1975)

§ 24-29MUNICIPAL COURT

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Chapter 25

RESERVED

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Chapter 26

OFFENSES*

Sec. 26-1. Firearms.Sec. 26-2. Pellet and BB guns.Sec. 26-3. Compliance to lawful order.Sec. 26-4. Helicopters.Sec. 26-5. Reserved.Sec. 26-6. Protection of storm drains and public waterways.

*State law reference—V.T.C.A., Penal Code ch. 1 et seq.

CD26:1Supp. No. 6

Sec. 26-1. Firearms.

It shall be unlawful to discharge any gun,pistol or other firearm on or across any publicproperty, or across any thoroughfare or propertyline within the city, except that such firearmsmay be discharged by any party upon his ownproperty and upon the property of another onlywhen acting in such other person's presence andwith his permission.(Code 2002, § 8.200; Ord. No. 40, 1-7-1957)

State law reference—Authority of municipality to regu-late the discharge of firearms, V.T.C.A., Local GovernmentCode § 217.003.

Sec. 26-2. Pellet and BB guns.

It shall be unlawful to discharge any air rifle,pellet gun, BB gun, carbon dioxide (CO2) gun,bow, crossbow or so-called hunting slingshot sothat the projectile therefrom crosses any publicproperty, or crosses any thoroughfare or propertyline within the city, except that such may bedischarged by any party upon his own propertyand upon the property of another only whenacting in such other person's presence and withhis permission.(Code 2002, § 8.300; Ord. No. 56, 6-7-1957)

Sec. 26-3. Compliance to lawful order.

No person shall willfully fail or refuse to com-ply with any lawful order, direction or signal(visual or audible) of any police officer vested bylaw with authority to direct, control or regulatetraffic.(Code 2002, § 8.700; Ord. No. 208, 7-6-1967)

Sec. 26-4. Helicopters.

(a) Definitions. The following words, terms andphrases, when used in this section, shall have themeanings ascribed to them in this subsection,except where the context clearly indicates a dif-ferent meaning:

Emergency landing site means the landingor takeoff of helicopters in times of naturaldisaster.

Helicopter means an aircraft whose supportin landing and takeoff is derived chiefly fromaerodynamic forces acting on one or more ro-tors turning about substantially vertical axis.

Medical evacuation landing site means anylanding or takeoff of a helicopter to administeremergency medical aid or effect a medical evac-uation.

(b) Prohibited. It shall be unlawful for anyperson to land or take off in a helicopter, or topermit a helicopter to land or take off within thecity except when an emergency landing or medi-cal evacuation landing is necessary, or when nec-essary or appropriate for law enforcement pur-poses.(Code 2002, §§ 8.1101, 8.1102; Ord. No. 370, §§ 1,2, 5-18-1982)


Editor’s note—Ord. No. 711, § 2, adopted January 15,2008, renumbered the former section 26-5, which pertained toentry by police and construction sites, as section 10-4.

Sec. 26-6. Protection of storm drains andpublic waterways.

It shall be unlawful for any person to place orcause to be placed into any watercourse, water-way, storm drain, on any public or private street,or ditch any grass, tree or yard clippings, anyconstruction debris, or any other debris or trash.(Ord. No. 768, § 1, 2-22-2011)

§ 26-6OFFENSES

CD26:3Supp. No. 6

Chapter 27

RESERVED

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Chapter 28

SECONDHAND GOODS



Article II. Garage Sales

Sec. 28-19. Definitions.Sec. 28-20. Prohibited.

CD28:1



ARTICLE II. GARAGE SALES



Garage sale means the sale or offering for saleto the public of three or more items of personalproperty from a building, accessory building, struc-ture or premises designed, used, intended to beused or zoned for residential purposes.(Code 2002, § 4.601; Ord. No. 346, § 1, 6-17-1980)

Sec. 28-20. Prohibited.

It shall be unlawful for any person to conductor permit to be conducted, on any premises underhis control, a garage sale within the corporatelimits of the city.(Code 2002, § 4.602; Ord. No. 346, § 2, 6-17-1980)

§ 28-20SECONDHAND GOODS

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Chapter 29

RESERVED

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Chapter 30

SOLICITATION AND PEDDLING*



Article II. Solicitors and Peddlers

Sec. 30-19. Definitions.Sec. 30-20. Liability of corporate officers.Sec. 30-21. Exemptions.Sec. 30-22. Unlawful conduct.Sec. 30-23. Authority for admission to inspect.Sec. 30-24. Hours.Sec. 30-25. Registration statement.Sec. 30-26. Registration fee.Sec. 30-27. Registration certificate.Sec. 30-28. Identification cards.Sec. 30-29. Display of identification card.Sec. 30-30. Denial of certificate, card to specified individuals.Sec. 30-31. Revocation of certificate.Sec. 30-32. Appeal of denial or revocation.Secs. 30-33—30-52. Reserved.

Article III. Charitable Solicitations


Sec. 30-53. Definitions.Sec. 30-54. Unlawful solicitation.Sec. 30-55. Registration statement.Sec. 30-56. Registration fee.Sec. 30-57. Public disclosure.Sec. 30-58. Exceptions.Secs. 30-59—30-76. Reserved.

Division 2. Certificate of Registration

Sec. 30-77. Issuance.Sec. 30-78. Not transferable.Sec. 30-79. Prescribed form.Sec. 30-80. Expiration.Sec. 30-81. Required while engaged in solicitation of funds.

*State law reference—Authority of municipality to license, tax, suppress, prevent, or otherwise regulate peddlers, hawkersand solicitors, V.T.C.A., Local Government Code, § 215.031.

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ARTICLE II. SOLICITORS AND

PEDDLERS


The following words, terms and phrases whenused in this article, shall have the meaningsascribed to them in this section, except where thecontext clearly indicates a different meaning:

Commodities, goods or merchandise means per-sonal property of any nature whatsoever.

Itinerant vendors means any person, their rep-resentatives, agents and employees, who engagesin a business, within the city, of selling or offeringfor sale any goods or merchandise, or exhibitingthe same for sale, or for the purpose of takingorders for the sale thereof; who display, exhibit,sell or offer for sale such goods, merchandise orservices upon or from a truck or other vehiclewithin the city; or who temporarily hire, rent,lease or occupy any room or space in any building,structure, or other enclosure or vacant lot withinthe city upon which such business is to be oper-ated or conducted. The term "itinerant vendors"shall not include individuals connected with so-licitation of funds for a charitable purpose as thatphrase is defined in this section.

Peddler means any person, their representa-tives, agents and employees, who engages in thebusiness within the city of selling, offering for saleor exhibition for sale of any commodity or service,from house to house or from place to place and notfrom one established spot. Delivery of the com-modity or service is made or to be made at thetime of sale. Collection of the sales price at time ofsale or later is immaterial. The term "peddler"shall not include individuals connected with so-licitation of funds for a charitable purpose, as thatphrase is defined in this section.

Services means the performance of labor for thebenefit of another, or at another's command.

Solicitation of funds for a charitable purpose

means any request for the donation of money,

property or anything of value, or the pledge of afuture donation of money, property or anything ofvalue; or the selling or offering for sale of anyproperty real or personal, tangible or intangible,whether of value or not, including but not limitedto goods, books, pamphlets, tickets, publicationsor subscriptions to publications or brochures uponthe representation, express or implied, that theproceeds of such sale will be used for a charitablepurpose, as such term is herein defined. The term"charitable purpose" shall mean a philanthropic,religious or other nonprofit objective includingbenefiting poor, needy, sick, refugee or handi-capped persons; to benefit any church or religioussociety, sect, group or order; to benefit a patrioticor veterans' association or organization; to benefitany fraternal, social or civic organization, or tobenefit any educational institution. The term "char-itable purpose" shall not be construed to include adirect benefit to the individual making the solic-itation or for the benefit of any political group orpolitical organization which is subject to financialdisclosure under state or federal law.

Solicitor or canvasser means any person, theirrepresentatives, agents and employees, who en-gages in the business within the city of takingorders for future delivery of commodities or ser-vices, or solicits subscriptions, orders, contribu-tions or any kind of support for remuneration orgain, from house to house or from place to place.This term "solicitor" or "canvasser" shall not in-clude individuals connected with solicitation offunds for a charitable purpose, as that phrase isdefined in this section.

Temporary business means the business use ofany real property within the city for which defi-nite written arrangements with the owner havenot been made for occupancy of the premises for aterm in excess of 90 days. Definite arrangementswould include, without being limited to, a leaseagreement or other document conveying an en-forceable right of occupancy.(Code 2002, § 4.301; Ord. No. 527, 2-18-1997)

Sec. 30-20. Liability of corporate officers.

If business, fundraising or communication un-der the provisions of this article shall be con-

§ 30-20SOLICITATION AND PEDDLING

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ducted by a corporation, it shall be unlawful forany officer, agent or employee of such corporationto cause or permit a violation of this article.(Code 2002, § 4.302; Ord. No. 527, 2-18-1997)

Sec. 30-21. Exemptions.

(a) A peddler, solicitor, canvasser or itinerantvendor conducting activities on the property ofanother by express, prior invitation of the ownerthereof is exempt from the provisions of thisarticle.

(b) A vendor selling or exhibiting for sale com-modities, goods, merchandise or services to per-sons engaged in the business of buying, sellingand dealing in the same within the city is exemptfrom the provisions of this article.

(c) Persons conducting activities in connectionwith solicitation of funds for a charitable purposeare exempt from the provisions of this article.(Code 2002, § 4.303; Ord. No. 527, 2-18-1997)

Sec. 30-22. Unlawful conduct.

It shall be unlawful for any peddler, solicitor,canvasser or itinerant vendor to:

(1) Conduct a business or related activitywithin the city without a valid registra-tion certificate as hereinafter provided.

(2) Conduct a business or related activitywithin the city without a valid identifica-tion card as hereinafter provided.

(3) Conduct a business or related activitywithout visibly displaying the identifica-tion card issued to that individual.

(4) Alter a registration certificate or identifi-cation card issued by the city.

(5) Conduct a business or related activitywithin the city after the expiration of theregistration certificate issued by the city.

(6) Conduct a business or related activitywithin the city different than described inthe registration statement required bythis article.

(7) Provide false, inaccurate or misleadinginformation in the registration statement.

(8) Use a vehicle or vehicles in the conduct ofa business or related activity not identi-fied in the registration statement.

(9) Conduct a business from a location orlocations within the city not listed in theregistration statement.

(10) Conduct a business or related activity at aresidence or business in defiance of anyexpress notification, including posted no-tice exhibited at such residence or busi-ness, indicating that solicitations are notwelcome or not invited.

(11) Conduct a business selling, offering forsale, exhibiting for sale or taking of ordersfor delivery of any commodities, goods,merchandise or services not listed anddescribed in the registration statement.

(12) Sell, assign or transfer, or attempt to sell,assign or transfer a registration certifi-cate or identification care.

(13) Conduct a business authorized under aregistration certificate issued pursuant tothis article on any public sidewalk, publicstreet right-of-way or other public prop-erty within the city without written au-thorization from the city.

(14) Conduct a business during hours otherthan those permitted by this article.

(Code 2002, § 4.304; Ord. No. 527, 2-18-1997)

Sec. 30-23. Authority for admission to in-

spect.

A representative of the city, designated by thechief of police, shall have the authority to requestadmission to inspect, at a reasonable time with-out advance notice, a business operating under aregistration certificate issued pursuant to thisarticle to determine whether the permit holder'sbusiness and related activities are as representedin the registration statement. If such admission isdenied, or if the chief of police deems it advisable,then the chief shall have the authority to obtain awarrant in accordance with applicable law for thepurpose of allowing the inspection.(Code 2002, § 4.305; Ord. No. 527, 2-18-1997)


CD30:4

Sec. 30-24. Hours.

Business conducted in accordance with thisarticle shall be carried out during central stan-dard time from 9:00 a.m. to 7:00 p.m. and duringdaylight saving time from 9:00 a.m. to 8:00 p.m.(Code 2002, § 4.306; Ord. No. 527, 2-18-1997)

Sec. 30-25. Registration statement.

Prior to commencement of business and relatedactivities by any peddler, solicitor, canvasser oritinerant vendor, a registration statement shallbe completed on a form provided by the chief ofpolice for that purpose, stating and/or providingthe following:

(1) Name of applicant (person who completesthe registration statement);

(2) Height, weight, sex and hair color of ap-plicant;

(3) A color or black and white photograph ofthe applicant, no larger than two inchesby two inches, taken not more than 90days prior to the registration;

(4) Social security number of applicant;

(5) Permanent home address and local ad-dress, if different;

(6) Applicant's driver's license number andstate of issuance. The chief of police shallverify this information from the applicant'slicense. If the applicant has no driver'slicense, other identification shall be pro-vided;

(7) Name of individual, firm, company ororganization represented, if any, and thepermanent address and local address ofany individual, firm, company or organi-zation represented:

a. The last four communities in whichbusiness was conducted by the indi-vidual, firm, company or organiza-tion represented shall be listed, withthe period (beginning and endingmonth/year) business was conductedin each community listed; and

b. If the applicant or person repre-sented is a corporation incorporated

under the laws of the state, the cor-poration shall provide a certified copyof the charter or article of incorpora-tion; or

c. If the applicant or person repre-sented is a corporation incorporatedunder the laws of a state other thanthe state, the corporation shall pro-vide a certified copy of its certificateof authority to do business in thestate.

(8) Description, vehicle license number andstate of registration of each vehicle, if any,that will be operated under the registra-tion certificate being applied for;

(9) The name, height, weight, sex, hair color,social security number, permanent homeaddress and driver's license number andstate of issuance for each individual whowill be involved in business under theregistration certificate. If an individualhas no driver's license, other identifica-tion shall be provided;

(10) Prior to issuance of the registration cer-tificate and identification cards providedfor in this section, each individual whosename is listed by the applicant shallpresent his driver's license or other iden-tification in person to the chief of policefor verification of the information pro-vided by the applicant;

(11) A color or black and white photograph ofeach individual who is listed by the appli-cant, no larger than two inches by twoinches, taken not more than 90 days priorto the registration;

(12) A description of the business and relatedactivities to be conducted;

(13) Character and description of commodi-ties, goods, merchandise or services to beoffered for sale;

(14) Location or locations from which businessand other activities will be conducted;

(15) Prior to issuance of the registration cer-tificate and identification cards providedfor in this section, the applicant and each


CD30:5

individual whose name is listed by theapplicant, shall answer on the registra-tion statement, or on an attachmentthereto, whether he has ever been con-victed of any related felony or a misde-meanor, as described in V.T.C.A., Occupa-tions Code § 53.021 et seq.;

(16) Prior to issuance of the registration cer-tificate and identification cards providedfor in this section, the applicant and eachindividual whose name is listed by theapplicant, shall on the registration state-ment or attachment thereto, separatelylist and explain the nature of each andevery such conviction, whether for felonyor misdemeanor offenses, other than con-victions for misdemeanor traffic law of-fenses, and give the state where the con-viction occurred and the year of suchconviction; and

(17) The term or period during which the busi-ness activities will be conducted, not toexceed 180 days. Upon expiration of the180-day period, or shorter period indi-cated by the applicant on the permit reg-istration statement, the applicant mustcomplete a new registration statement inaccordance with the requirements of thissection if renewal is desired.

(Code 2002, § 4.307; Ord. No. 527, 2-18-1997)

Sec. 30-26. Registration fee.

Every registration statement shall be accom-panied by a registration fee as set by resolution orordinance of the city council from time to time andkept on file in the office of the city secretary tocompensate the city for the cost of administeringthis article. Such fee will be nonrefundable, irre-spective of whether a certificate of registration isissued.(Code 2002, § 4.308; Ord. No. 527, 2-18-1997)

Sec. 30-27. Registration certificate.

(a) When all the prerequisites of this articlehave been complied with, the chief of police shallinitiate appropriate action to process the applica-tion. The chief of police shall make an appropriateinvestigation of an applicant, any person listed by

the applicant and any information provided. Thechief of police shall issue a registration certificateto the applicant authorizing the sale, offer forsale, taking of orders for sale and exhibition ofcommodities, good, merchandise and serviceswithin 15 working days after the applicant hasfully complied with all applicable provisions ofthis article, subject to denial of registration cer-tificate or identification card as outlined in sec-tion 30-30.

(b) The registration certificate shall state theeffective term and the beginning and ending datesnot to exceed 180 days. Upon expiration, theregistration certificate may be renewed upon fullcompliance with the requirements of this article.

(c) A registration certificate issued hereundershall be personal to the applicant and shall not besold, assigned or transferred to any other persons.Any attempted sale, assignment or transfer ofregistration certificate shall be grounds for revo-cation of the registration certificate.(Code 2002, § 4.309; Ord. No. 527, 2-18-1997)

Sec. 30-28. Identification cards.

(a) In conjunction with the issuance of a reg-istration certificate under this article, the chief ofpolice shall issue identification cards for eachindividual whose name is listed in the registra-tion statement. The identification card shall belaminated in clear plastic. It shall have a metalclothing clip; it shall contain the photograph ofthe holder; and it shall state the holder's name,driver's license number and state of issuance, andheight, weight, sex and hair color of the cardholder;the term of the permit; and the nature of thebusiness and related activities. The card shallcontain the following disclaimer of any endorse-ment by the city, to be placed in a conspicuousplace upon such card:

"THE CITY OF HUNTERS CREEK VILLAGE,TEXAS, DOES NOT ENDORSE THE PROD-UCT, SERVICE OR ACTIVITY PROMOTEDBY THIS CARDHOLDER."

(b) An identification card issued in accordancewith this article shall be personal to the cardholderand shall not be sold, assigned or transferred toany other person. Any attempted sale, assign-ment or transfer of an identification card shall be


CD30:6

grounds for revocation of the registration certifi-cate and the identification cards issued thereun-der.

(c) The chief of police shall issue up to fiveidentification cards with the registration certifi-cate without any additional charge. The applicantmay obtain additional or replacement identifica-tion cards by paying to the city an amount as setby resolution or ordinance of the city council fromtime to time and kept on file in the office of thecity secretary.(Code 2002, § 4.310; Ord. No. 527, 2-18-1997)

Sec. 30-29. Display of identification card.

While conducting business covered by the reg-istration certificate, each cardholder shall visiblydisplay the identification card for identificationby clipping the identification card to the clothingof the holder so that the identification card is inplain view.(Code 2002, § 4.311; Ord. No. 527, 2-18-1997)

Sec. 30-30. Denial of certificate, card to spec-

ified individuals.

(a) The issuance of a registration certificatemay be denied if:

(1) Any violation of this article or other cityordinances or laws relating to the busi-ness or related activities to be conductedunder the registration certificate appliedfor has been committed by any individualor individuals who would operate undersuch registration certificate;

(2) False, inaccurate or misleading informa-tion is contained in the registration state-ment;

(3) The applicant is overdue in payment tothe city of taxes, fees, fines or penaltiesassessed or imposed against him/her; or

(4) The applicant fails to fully comply withapplicable provisions of this article.

(b) Conviction of a related felony or misde-meanor, as described in V.T.C.A., OccupationsCode § 53.021 et seq., shall be grounds for:

(1) Denial of issuance to that individual of anidentification card;

(2) Removal from the registration statementon file with the city of any such person soconvicted; and/or

(3) Denial of the right to conduct businesscovered by such certificate by any suchperson so convicted.

(c) Notice of a denial of a registration certifi-cate, or denial of an identification card to anyindividual shall be given in writing, specificallysetting forth the reasons for such denial and whataction will be required before a registration cer-tificate can be issued. Such notice shall be servedin person, or by depositing the same in the UnitedStates mail, addressed to the applicant's localaddress if provided, or to the permanent businessor home address listed on the registration state-ment.(Code 2002, § 4.312; Ord. No. 527, 2-18-1997)

Sec. 30-31. Revocation of certificate.

The city may revoke a registration certificateif:

(1) Any violation of this article, or any viola-tion of other city ordinances or laws relat-ing to the business or related activitiescovered by the registration certificate iscommitted by any individual or individu-als operating under the registration cer-tificate during the original term or re-newal thereof; or

(2) False, inaccurate or misleading informa-tion is contained in the registration state-ment; or

(3) There is conviction of a related felony ormisdemeanor, as described in V.T.C.A.,Occupations Code § 53.021 et seq.

(Code 2002, § 4.313; Ord. No. 527, 2-18-1997)

Sec. 30-32. Appeal of denial or revocation.

An applicant or other individual who has beendenied a registration certificate or identificationcard or who has had a registration certificaterevoked may appeal that action to the city councilby submitting a letter to the city secretary's officewithin ten days of the action complained of. Ahearing on the denial will be scheduled for the


CD30:7

next regular city council meeting. The city councilwill render its decision on the appeal at themeeting during which the appeal is considered.(Code 2002, § 4.314; Ord. No. 527, 2-18-1997)


ARTICLE III. CHARITABLE

SOLICITATIONS




Charitable purpose means a philanthropic, re-ligious or other nonprofit objective including tobenefit poor, needy, sick, refugee or handicappedpersons; to benefit any church or religious society,sect, group or order; to benefit a patriotic orveterans' association or organization; to benefitany fraternal, social or civic organization; or tobenefit any educational institution. The term "char-itable purpose" shall not be construed to include adirect benefit to the individual making the solic-itation or for the benefit of any political group orpolitical organization which is subject to financialdisclosure under state or federal law.

Individual means only a natural person.

Solicit funds or solicitation of funds means anyrequest for the donation of money, property, oranything of value, or the pledge of a futuredonation of money, property or anything of value;or the selling or offering for sale of any property,real or personal, tangible or intangible, whetherof value or not, including but not limited to goods,books, pamphlets, tickets, publications or subscrip-tions to publications, or brochures upon the rep-resentation, express or implied, that the proceedsof such sale will be used for a charitable purpose,as such term is herein defined. Expressly ex-cluded from the meaning of the term "solicitfunds" or "solicitation of funds" is any offer ofmembership in any organization and any solicita-tion of funds for any purpose by either a govern-

mental agency or a political subdivision. Themeans of solicitation of funds covered by thisdefinition are limited to a solicitation communi-cated in the physical presence of any individualwithin the corporate limits of the city. A solicita-tion as defined herein shall be deemed completedwhen made, whether or not the person makingthe same receives any contribution or makes anysale referred to in this article.(Code 2002, § 4.901; Ord. No. 528, 2-18-1997)

Sec. 30-54. Unlawful solicitation.

(a) It shall be unlawful for any person, directlyor through an agent or employee, to solicit fundsfor charitable purposes within the corporate lim-its of the city unless such person shall have firstobtained a certificate of registration from the citysecretary, as hereinafter provided.

(b) It shall be unlawful for any individual asthe agent or employee of another to solicit fundsfor charitable purposes in the city unless hisprincipal or employer has obtained a certificate ofregistration as hereinafter provided.

(c) It shall be unlawful for any person to solicitfunds for charitable purposes in the city betweenthe hours of 7:00 p.m. and 9:00 a.m. duringcentral standard time and between the hours of8:00 p.m. and 9:00 a.m. during daylight savingtime.

(d) It shall be unlawful for any person to solicitfunds for charitable purposes at a residence orbusiness in defiance of any express notification,including posted notice exhibited at such resi-dence or business, indicating that solicitationsare not welcome or invited.

(e) It shall be unlawful for any person, directlyor through an agent or employee, to solicit fundsfor charitable purposes within the corporate lim-its of the city after the expiration of any certificateof registration issued as hereinafter provided.

(f) It shall be unlawful for the person register-ing or the agents or employees thereof to solicitfunds in the city for a charitable purpose otherthan that purpose identified and set out in theregistration statement upon which the certificateof registration was issued.


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(g) It shall be unlawful for any person whoshall solicit funds for charitable purposes in thecity to represent, in connection with such solici-tation of funds, that the issuance of a certificate ofregistration by the city constitutes an endorse-ment or approval of the purposes of such solicita-tion of funds by the city or any officer or employeethereof.(Code 2002, § 4.902; Ord. No. 528, 2-18-1997)

Sec. 30-55. Registration statement.

All persons desiring to solicit funds for chari-table purposes in the city shall file with the citysecretary a registration statement on forms pro-vided by the city containing the following:

(1) The name of the person registering anddesiring to solicit funds for charitablepurposes;

(2) Whether the person registering is an in-dividual, partnership, corporation or as-sociation;

a. If an individual, his business or res-idence address and telephone num-ber;

b. If a partnership, the names of allpartners and the principal businessaddress and telephone number ofthe partnership and each partner;

c. If a corporation, whether it is orga-nized under the laws of the state oris a foreign corporation, the mailingaddress, business location, telephonenumber and name of the individualin charge of the local office of thecorporation, and if a foreign corpora-tion, the place of incorporation;

d. If an association, the association'sprincipal business address and tele-phone number, if any, and the names,business or residence addresses andtelephone numbers of all principalofficers and managers. If the associ-ation is part of a multi-state organi-zation or association, the mailingaddress and business location of itsprincipal headquarters shall be given

in addition to the mailing addressand business location of its localoffice;

(3) A brief description of the charitable pur-pose for which the funds are to be solicitedand an explanation of the intended use ofthe funds toward that purpose;

(4) The names of all individuals authorized toincur expenses related to the solicitationor to disburse any proceeds of the solici-tation;

(5) The name, mailing address and telephonenumber of each individual who will haveorganization responsibility with respectto the solicitation of funds. If there aremore than 20 such individuals, the personregistering may alternatively list the 20individuals with the principal organiza-tional responsibility with respect to thesolicitation of funds;

(6) The time period within which the solici-tation of funds is to be made, giving thedate of the beginning of solicitation andits projected conclusion;

(7) A description of the methods and meansby which the solicitation of funds is to beaccomplished;

(8) The total amount of funds proposed to beraised;

(9) A projected schedule of salaries, wages,fees, commissions, expenses and costs thatthe person registering reasonably be-lieves will be expended and paid in con-nection with the solicitation of funds or inconnection with their disbursement, andan estimated percentage of the total pro-jected collections which the costs of solic-itation will comprise. These figures shallcover the entire time period during whichthe solicitation is to be made;

(10) A financial statement for the last preced-ing fiscal year of any funds collected forcharitable purposes by the person filingthe registration statement, giving theamount of money so raised, together withthe cost of raising it and final distributionthereof;


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(11) A statement to the effect that if a certifi-cate of registration is granted, such cer-tificate will not be used as or representedto be an endorsement by the city or any ofits officers or employees;

(12) As to each officer, director, trustee, part-ner or any current agent or employeeengaging in the solicitation of funds whowithin the past seven years has beenconvicted of (or been incarcerated for anyconviction of) a felony or a misdemeanorinvolving moral turpitude, the name ofthe individual, the nature of the offense,the name of the state where the convic-tion occurred and the year of the convic-tion;

(13) If the person registering is unable to pro-vide any of the foregoing information, anexplanation of the reasons why such in-formation is not available;

(14) The registration statement shall be signedby or on behalf of the person registering.If the person registering is an individual,the individual shall sign the statement. Ifthe person registering is a partnership,the partner charged with disbursing thefunds solicited shall sign the statement. Ifthe person registering is a corporation oran association, its officer charged withdisbursing the funds solicited shall signthe statement. The individual signing theregistration statement shall sign the state-ment and swear before an officer autho-rized to administer oaths that he hascarefully read the registration statementand that all the information containedtherein is true and correct.

If while any registration statement is pending, orduring the term of any certificate of registrationgranted thereon, there is any change in fact,policy or method that would alter the informationgiven in the registration statement, the applicantshall notify the city secretary in writing thereofwithin 24 hours after such change.(Code 2002, § 4.903; Ord. No. 528, 2-18-1997)

Sec. 30-56. Registration fee.

Every registration statement shall be accom-panied by a registration fee as set by resolution or

ordinance of the city council from time to time andkept on file in the office of the city secretary tocompensate the city for the cost of administeringthis article. Such fee will be nonrefundable, irre-spective of whether a certificate of registration isissued.(Code 2002, § 4.904; Ord. No. 528, 2-18-1997)

Sec. 30-57. Public disclosure.

All registration statements filed with the citysecretary whether or not a certificate of registra-tion has been issued shall be public records andshall be available for inspection by members ofthe public during the city's regular business hours.Copies may be obtained at the fees prescribed bylaw for copies of city records.(Code 2002, § 4.910; Ord. No. 528, 2-18-1997)


The following are excepted from the provisionsof this article:

(1) The solicitation of funds for charitablepurposes by any organization or associa-tion from its members; and

(2) The solicitation of funds for charitablepurposes by a person when such solicita-tion occurs on premises owned or con-trolled by the person soliciting funds orwith the permission of the person whoowns or controls the premises.

(Code 2002, § 4.911; Ord. No. 528, 2-18-1997)


DIVISION 2. CERTIFICATE OFREGISTRATION

Sec. 30-77. Issuance.

Within ten working days of receipt of the reg-istration statement, the city secretary shall eitherissue a certificate of registration as provided insection 30-79, or notify the person registeringthat the registration statement does not complywith the requirements of section 30-55, and shallspecifically set out what information or explana-


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tion has not been furnished that is requiredbefore the certificate of registration can be issued.(Code 2002, § 4.905)

Sec. 30-78. Not transferable.

Any certificate of registration issued hereun-der shall not be assigned or transferred to anyother person, firm, corporation or association.Any such attempted assignment or transfer shallrender the certificate of registration void.(Code 2002, § 4.906)

Sec. 30-79. Prescribed form.

The city secretary shall prescribe the form ofthe certificate of registration. However, each suchcertificate of registration shall be printed in black,except the following statement which shall beprinted prominently thereon in red: "The issu-ance of this certificate of registration is not anendorsement by the city, or any of its officers oremployees." Each certificate of registration shallbear a registration number issued by the citysecretary, and the same number shall be assignedto the file containing the registration statementfiled by the registrant.(Code 2002, § 4.907)

Sec. 30-80. Expiration.

Each certificate of registration issued by thecity shall expire at the conclusion of the solicita-tion period specified in the registration statementor 180 days from the date of issuance, whicheveris less.(Code 2002, § 4.908)

Sec. 30-81. Required while engaged in solic-

itation of funds.

All persons to whom a certificate of registrationhas been issued under this article shall furnishproper credentials to their agents and solicitorswho will engage in the solicitation of funds withinthe city. It shall be unlawful for any person, or itsagents and solicitors to solicit funds for charitablepurposes within the city without carrying thecertificate of registration required by this articleon his person while he is engaged in such solicit-ing.(Code 2002, § 4.909)


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Chapter 31

RESERVED

CD31:1

Chapter 32

SOLID WASTE*


Sec. 32-1. Definitions.Sec. 32-2. Prohibited activities.Sec. 32-3. Use of unapproved sites prohibited.Sec. 32-4. Duty of property owners.Secs. 32-5—32-20. Reserved.

Article II. Residential Solid Waste Disposal

Sec. 32-21. Residential solid waste disposal services provided by the city.Sec. 32-22. Point of collection.Sec. 32-23. Required containers.Sec. 32-24. Collection schedule.Secs. 32-25—32-30. Reserved.

Article III. Dumpsters

Sec. 32-31. Placement.Sec. 32-32. Screening.Sec. 32-33. Property adjoining public streets.

*Editor’s note—Ord. No. 727, § 1, adopted October 21, 2008, amended ch. 32 in its entirety. Former ch. 32, §§ 32-1—32-48,pertained to similar subject matter, and derived from §§ 6.101, 6.102, 6.201—6.203, and 6.400(a)—(c) of the Code of 2002, and Ord.No. 498, §§ 1-5, 12-21-1993.

State law reference—Solid waste, V.T.C.A., Health and Safety Code ch. 361 et seq.

CD32:1Supp. No. 3



The following words, terms and phrases, whenused in this chapter, shall have the meaningsascribed to them in this section, except where thecontext clearly indicates a different meaning:

Approved site means:

(1) A solid waste disposal site with a currentpermit issued by the state;

(2) A solid waste disposal site licensed by acounty under authority of state law; or

(3) A designated collection area for ultimatedisposal at a permitted or licensed munic-ipal solid waste site.

Class I solid waste means solid waste that is:

(1) Acceptable for disposal at a type I munic-ipal solid waste site under the require-ments of state and federal law; and

(2) Not excluded from the list of waste mate-rials that the city's current solid wastedisposal service providers have agreed toaccept. The term includes yard and gar-den waste, heavy trash, and recyclablematerials.

Dispose or dump means to discharge, deposit,inject, spill, leak or place solid waste onto or intoland or water.

Heavy trash means any rubbish or trash gen-erated upon the premises of a single-family resi-dence that is of such size or weight that it cannotbe placed in a container, and includes majorappliances and tree limbs or trunks with a diam-eter of three inches or more. The term does notinclude any rubbish or trash generated fromconstruction or restoration or renovation activityon the premises.

Recyclable material means a material that issuitable for reuse, recycling, or reclamation andthat the city has designated as a type of materialfor which the city will provide separate collectionas a part of the solid waste disposal services itprovides. The city secretary shall maintain a listof the types of materials that have been desig-nated by the city as recyclable.

Solid waste means:

(1) Organic waste from a public or privateestablishment, residence or restaurant,including animal and vegetable waste ma-terial from a market or storage facilityhandling or storing produce or other foodproducts, or the handling, preparation,cooking or consumption of food, but notincluding sewage, body wastes or indus-trial byproducts; or

(2) Nonorganic waste, except ashes, that con-sists of:

a. Combustible waste material includ-ing paper, rags, cartons, wood, excel-sior, furniture, rubber, plastics, yardtrimmings, leaves or similar materi-als;

b. Noncombustible waste material in-cluding glass, crockery, tin or alumi-num cans, metal furniture and sim-ilar materials that do not burn atordinary incinerator temperatures of1,800 degrees Fahrenheit or less;and

c. Discarded or worn out manufac-tured materials and machinery, in-cluding motor vehicles and parts ofmotor vehicles, tires, aircraft, farmimplements, building or construc-tion materials, appliances and scrapmetal.

(3) The term includes all forms of class I solidwaste.

Yard and garden waste means organic wasteproducts generated in the process of planting ormaintaining lawns, gardens, and other naturallandscape features on the premises of a single-family residence, including grass and hedge clip-pings, leaves, tree branches, and similar materi-als. The term does not include manmade wasteproducts such as the residue of fertilizers, pesti-cides, or their containers.(Ord. No. 727, § 1, 10-21-2008)

SOLID WASTE

CD32:3Supp. No. 3

Sec. 32-2. Prohibited activities.

It shall be unlawful for any person to dispose ordump any solid waste within the corporate limitsof the city other than at an approved site.(Ord. No. 727, § 1, 10-21-2008)

Sec. 32-3. Use of unapproved sites prohib-

ited.

(a) It shall be unlawful for any person todispose or dump solid waste, or allow or permitthe disposal or dumping of solid waste at anyplace that is not an approved site.

(b) It shall be unlawful for any person toreceive solid waste for disposal at a place that isnot an approved site, regardless of whether thesolid waste or the land on which the solid waste isplaced is owned or controlled by that person.

(c) It shall be unlawful for any person to trans-port solid waste to a place that is not an approvedsite.(Ord. No. 727, § 1, 10-21-2008)

Sec. 32-4. Duty of property owners.

All persons owning or occupying property withinthe city shall provide for the removal and lawfuldisposal of solid waste generated from the use ofthat property no less often than once a week andin accordance with the provisions of this chapter.(Ord. No. 727, § 1, 10-21-2008)


ARTICLE II. RESIDENTIAL SOLID

WASTE DISPOSAL

Sec. 32-21. Residential solid waste disposal

services provided by the city.

The city shall provide solid waste disposalservices for class I solid waste to all single-familyresidential properties within the city under theterms of service provided in this article.(Ord. No. 727, § 1, 10-21-2008)

Sec. 32-22. Point of collection.

The owner or occupier of each single-familyresidential property in the city shall establish and

maintain on their property a regular point ofcollection where all yard and garden waste, recy-clable materials, and all other class I solid waste,except heavy trash, shall be placed for collectionby the city or its contractor.

(1) The point of collection shall be locatedbehind the front building setback line andwithin 50 feet of a driveway or othersurface prepared for motor vehicle traffic,and shall be kept accessible to the city'ssolid waste disposal services contractoron the scheduled dates of collection. Pro-vided however, that if there is no suitablelocation for a point of collection that isbehind the front building set back line,the point of collection can be establishedat a location that is in front of, but imme-diately adjacent to, the front buildingsetback line.

(2) The point of collection may be screenedfrom view but may not be located inside agated fenced or walled enclosure except asfollows. A property owner may constructand maintain a see-through gated struc-ture or enclosure designated for the solepurpose of storing yard and garden waste,recyclable materials, and all class I solidwaste, except heavy trash and serving asa regular point of collection. The structureor enclosure must comply with the loca-tion requirements for points of collection,must be located entirely behind the frontbuilding line, and must provide conve-nient access for solid waste collection.

(3) Heavy trash shall be placed at the curb infront of the residence not more than 24hours before the date designated by thecity for heavy trash collection.

(Ord. No. 727, § 1, 10-21-2008)

Sec. 32-23. Required containers.

Except as provided below, all class I solid wasteshall be stored and delivered to the point ofcollection in rigid enclosed containers that arereasonably resistant to being opened or disturbedby dogs or other wild or domesticated animals.

(1) Yard and garden waste may be preparedfor collection by tying it into bundles or


CD32:4Supp. No. 3

placing it in an appropriate disposable orpermanent container. Sturdy plastic bagsmay be used as containers for yard andgarden waste.

(2) Recyclable materials shall be placed indesignated containers supplied by the city.

(3) Heavy trash is not required to be placedin any form of container.

(Ord. No. 727, § 1, 10-21-2008)

Sec. 32-24. Collection schedule.

The city shall establish a schedule for collec-tion of class I solid waste from single-familyresidences in the city and may amend that sched-ule from time to time. The city secretary shallmaintain a copy of the current schedule and shallpost it on the city's website. The schedule shallprovide for collection of class I solid waste fromeach single-family residence in the city at leasttwice a week. The city may establish differentcollection dates and a different frequency of col-lection for heavy trash and recyclable material.The city also may establish, for particular catego-ries of class I solid waste, limits on the amountsthat will be collected on a specific collection date.(Ord. No. 727, § 1, 10-21-2008)


ARTICLE III. DUMPSTERS

Sec. 32-31. Placement.

No dumpster shall be placed except:

(1) On property zoned for commercial use; or

(2) On property used for public schools.(Ord. No. 727, § 1, 10-21-2008)

Sec. 32-32. Screening.

Garbage dumpsters shall be fully screenedfrom public view.(Ord. No. 727, § 1, 10-21-2008)

Sec. 32-33. Property adjoining public streets.

Any garbage dumpster placed and maintainedon property adjoining a public street shall belocated behind the building setback line estab-lished in the city's zoning ordinance.(Ord. No. 727, § 1, 10-21-2008)

§ 32-33SOLID WASTE

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Chapter 33

RESERVED

CD33:1

Chapter 34

STREETS, SIDEWALKS AND OTHER PUBLIC PLACES*



Article II. Excavations


Sec. 34-19. Application.Sec. 34-20. Nonconformance to application specifications unlawful.Sec. 34-21. Safety and accident prevention.Sec. 34-22. Refill and replacement.Sec. 34-23. Emergency events for public utilities franchisees.Secs. 34-24—34-46. Reserved.

Division 2. Permits

Sec. 34-47. When required.Sec. 34-48. Bond.Sec. 34-49. Nontransferable and voidable.Secs. 34-50—34-73. Reserved.

Article III. Use of Rights-of-Way

Sec. 34-74. Definitions.Sec. 34-75. Unauthorized use of public rights-of-way prohibited.Sec. 34-76. Registration required.Sec. 34-77. Construction—Within public rights-of-way.Sec. 34-78. Same—Regulations.Sec. 34-79. Conservation of public rights-of-way.Sec. 34-80. Relocation or removal of facilities.Sec. 34-81. Obsolete facilities.Sec. 34-82. Bonding.Sec. 34-83. Temporary rearrangement of aerial wires and cables.Sec. 34-84. Tree trimming.Sec. 34-85. Erosion and stormwater measures.Sec. 34-86. Placement of facilities.Sec. 34-87. Line location and identification.Sec. 34-88. Planning for capital improvement projects.Sec. 34-89. Guarantee of performance.Sec. 34-90. Insurance and indemnity.Sec. 34-91. Revocation or denial of construction permits.Sec. 34-92. Appeal from denial or revocation of permit.Sec. 34-93. Conflicts with existing or future franchises.Sec. 34-94. Notice.Sec. 34-95. Penalties; remedies.Secs. 34-96—34-118. Reserved.

Article IV. Use of Rights-of-Way by Telecommunications Providers

Sec. 34-119. Purpose.

*State law references—Public buildings and grounds, V.T.C.A., Local Government Code ch. 281 et seq.; parks and otherrecreational and cultural resources, V.T.C.A., Local Government Code ch. 306 et seq.

CD34:1Supp. No. 6

Sec. 34-120. Definitions.Sec. 34-121. Unauthorized use.Sec. 34-122. Public use license.Sec. 34-123. Compensation; books and records.Sec. 34-124. Indemnification and insurance.Sec. 34-125. Default and termination.Sec. 34-126. Transfer of authority.Sec. 34-127. Miscellaneous provisions.Secs. 34-128—34-152. Reserved.

Article V. Drainage Culverts

Sec. 34-153. Drainage channel dimensions.Sec. 34-154. Application.Sec. 34-155. Approval.Secs. 34-156—34-178. Reserved.

Article VI. Newspaper Vending Machines

Sec. 34-179. Definitions.Sec. 34-180. Prohibited locations.Sec. 34-181. Prohibited attachments.Sec. 34-182. Identification.Sec. 34-183. Penalty for violations.Secs. 34-184—34-189. Reserved.

Article VII. Intersection Visibility

Sec. 34-190. Purpose.Sec. 34-191. Visibility triangle defined.Sec. 34-192. Visibility window defined.Sec. 34-193. Obstruction of visibility prohibited.


CD34:2Supp. No. 6



ARTICLE II. EXCAVATIONS*



Applications shall be written and shall statethe purpose of the application and describe accu-rately by description, plat, or both the exactlocation or locations for which permission is re-quested. It shall guarantee that the surface of thearea so disturbed shall be restored to a conditionat least as good as before such disturbance and itshall guarantee maintenance thereof for one yearfollowing the final replacement of the surface orarea.(Code 2002, § 3.800(b); Ord. No. 110, 12-14-1959)

Sec. 34-20. Nonconformance to application

specifications unlawful.

It shall be unlawful for any person to make orcause or permit to be made any cut or excavationor to install or maintain, or cause or permit to beinstalled or maintained any pipe, conduit, duct,tunnel or other structure under the surface of anypublic street, alley, sidewalk or other public placeat any other location than that described in theapplication and shown on the plat or describedtherein.(Code 2002, § 3.800(a); Ord. No. 110, 12-14-1959)

Sec. 34-21. Safety and accident prevention.

It shall be the duty of every person making anyexcavation in any public street, alley or otherpublic place to place and maintain suitable barri-ers at each end of such excavation and at suchplaces as may be necessary along the excavationto prevent accidents; and also to place and main-tain red lights at each end of such excavation andat a distance of not more than 50 feet apart alongthe line thereof from sunset each day to sunrise ofthe next day, until such excavation is entirely

refilled. It shall be unlawful for any person to fail,refuse or neglect to comply with any requirementcontained in this article.(Code 2002, § 3.800(e); Ord. No. 110, 12-14-1959)

Sec. 34-22. Refill and replacement.

All cuts or excavations in public streets, alleysor other public places in the city shall be refilledand replaced with materials to a condition at leastas good as before making of the cut or excavation.The person obtaining the permit shall be respon-sible for maintaining the same for a period of oneyear after completion of the last repair or refill-ing.(Code 2002, § 3.800(f); Ord. No. 110, 12-14-1959)

Sec. 34-23. Emergency events for public util-

ities franchisees.

In the event of an emergency, public utilitiesoperating under a franchise from the city maymake a cut or excavation and not be deemed inviolation of this article; provided that withinthree days of making such emergency cut orexcavation, such public utility shall apply for andobtain a permit therefor, shall replace the surfacein due course and guarantee maintenance asprovided in this article.(Code 2002, § 3.800(h); Ord. No. 110, 12-14-1959)


DIVISION 2. PERMITS

Sec. 34-47. When required.

It shall be unlawful for any person to make orcause or permit to be made any cut or excavationin or under the surface of any public street, alley,sidewalk or other public place for the installation,repair or removal of any pipe, conduit, duct,tunnel or other structure, or for any purposewhatsoever, without first obtaining from the cityengineer or his assistant a written permit tomake such cut or excavation.(Code 2002, § 3.800(d); Ord. No. 110, 12-14-1959)

*State law reference—Trench safety standards, V.T.C.A.,Health and Safety Code § 756.021 et seq.

§ 34-47STREETS, SIDEWALKS AND OTHER PUBLIC PLACES

CD34:3

Sec. 34-48. Bond.

(a) Required. Before the issuance of any per-mit under this division, the applicant for a permitshall make or cause to be made with the citysecretary a cash bond as set by resolution orordinance of the city council from time to time andkept on file in the office of the city secretary toguarantee compliance with this article. If, in theopinion of the city engineer or his assistant, thecutting, excavating, replacement or repair of thesame is not proceeding with reasonable diligence,the city engineer shall notify the applicant inwriting of such default or defaults. If the defaultor defaults are not corrected within seven daysafter posting of such notice in the regular mail tothe applicant's address as shown on his applica-tion, the city engineer or his assistant is autho-rized to have the default corrected, paying there-for out of the $500.00 cash bond deposited withthe city secretary.

(b) Exception. Notwithstanding the foregoingprovisions, any public utility operating under afranchise from the city shall be exempt for therequirement of posting the $500.00 cash bondreferred to in subsection (a) of this section; andfurther, such enfranchised public utility shall beexempt from the requirement of written applica-tion and permit provided in sections 34-19 and34-20, and may apply orally and obtain an oralpermit from the city engineer or his assistant.(Code 2002, § 3.800(g),(i); Ord. No. 110, 12-14-1959)

Sec. 34-49. Nontransferable and voidable.

No such permit shall be transferable and everysuch permit shall become void unless the cut orexcavation is commenced within 60 days of thedate of its issuance, and the work of making suchexcavation prosecuted diligently to its comple-tion. A failure to so commence and diligentlyprosecute such work, in the opinion of the cityengineer or his assistant, shall of itself cancelsuch permit and it shall be the duty of the cityengineer or his assistant in such event to cancelthe same upon the records of his office.(Code 2002, § 3.800(c); Ord. No. 110, 12-14-1959)


ARTICLE III. USE OF RIGHTS-OF-WAY



Director of public works means the persondesignated as such from time to time by the citycouncil.

Emergency means a situation which, unlessimmediate remedial action is taken, will likelyresult in harm to public health, safety and/orwelfare.

Facilities or facility means and includes, butshall not be limited to, pipes, conduits, wires,cables, towers, switches, amplifiers, transform-ers, fiber optic lines, antennae, poles, ducts, con-ductors, lines, mains, vaults, appliances, attach-ments, equipment, structures, manholes, fixtures,appurtenances and such other objects, devices orother items of tangible personal property whichare designed, constructed, installed, placed, usedor operated in, upon, over, across, above or belowpublic rights-of-way. Notwithstanding the forego-ing, structures designed and constructed for thesupport and passage of vehicular and pedestriantraffic such as streets, alleys, highways, drive-ways and sidewalks, whether at, below or abovegrade, shall not be deemed to be facilities. Pro-vided further, a private individually owned con-nection and/or attendant downstream service lineor device through which a utility service is re-ceived by the end user owning the same, for whichrequired permits have been issued under applica-ble building, plumbing, electrical or other codes ofthe city, shall not be deemed as facilities hereun-der.

Public rights-of-way or public right-of-way meansthe surface, the air space above the surface andthe area below the surface of any public street,highway, lane, path, alley, sidewalk, boulevard,drive, bridge, tunnel, easement or similar prop-erty within the corporate limits of the city, and inwhich the city holds a property interest (fee title,easement or otherwise), or over which the cityholds and exercises a right of management or


CD34:4

control, and which, consistent with the purposesfor which it was acquired or dedicated, may beused for the installation and maintenance offacilities.

User means a person having facilities within apublic right-of-way.(Code 2002, § 4.1201; Ord. No. 591, 6-19-2001)

Sec. 34-75. Unauthorized use of public

rights-of-way prohibited.

Except as otherwise specifically provided bylaw, this article or any other ordinance of the cityapplicable thereto, it shall be unlawful for anyperson to cause or permit the placement, construc-tion, operation or maintenance of any facilitywithin public rights-of-way, unless authorizationhas been granted by the city in accordance here-with or in accordance with such other ordinanceof the city applicable thereto. Provided further,nothing herein shall be construed as supersedingor preempting any provision of the city's zoningregulations applicable to wireless telecommunica-tions facilities.(Code 2002, § 4.1202; Ord. No. 591, 6-19-2001)

Sec. 34-76. Registration required.

It shall be unlawful for any person to placefacilities within public rights-of-way without hav-ing first filed with the city an application forregistration therefor. Applications for registrationshall be filed with the city secretary. The citysecretary shall issue a registration certificate toeach person successfully completing and filingsuch application. Each registration certificate shallbe issued in the name of the user. Registrationcertificates shall be renewed every 60 months.When information provided in an application for aregistration certificate is no longer correct, theuser shall inform the city in writing within 30days following the date of such change. Eachapplication for registration shall include:

(1) The name and legal status of the user;

(2) The name, address, telephone number,e-mail address and fax number of theindividuals) who will be the contact forthe user;

(3) The name, address, telephone number,e-mail address and fax number of theindividual who will be the contact for thefield location of the facilities;

(4) The name, address, telephone number,email address and fax number of an emer-gency contact who shall be available 24hours a day; and

(5) Proof of insurance and bonding, as other-wise required herein.

(Code 2002, § 4.1203; Ord. No. 591, 6-19-2001)

Sec. 34-77. Construction—Within public

rights-of-way.

It shall be unlawful for any person to cause orpermit the construction or installation of facilitieswithin public rights-of-way within the city, exceptas provided by this article and any other ordi-nance of the city applicable thereto.(Code 2002, § 4.1204; Ord. No. 591, 6-19-2001)

Sec. 34-78. Same—Regulations.

(a) Excavations. All excavations and other con-struction in the public rights-of-way shall beperformed in accordance with all applicable state,federal and city regulations.

(b) Interference with use of property. All con-struction within public rights-of-ways shall beundertaken so as to minimize interference withthe use of public and private property and inaccordance with any lawful direction given by thecity under the police and regulatory powers of thecity.

(c) Construction permits. It shall be unlawfulfor any person to cause or permit any work thatinvolves the construction, installation, expansion,repair, removal or maintenance of facilities withinpublic rights-of-way without having first appliedfor and obtained from the city a constructionpermit therefor; provided, however, acquisition ofconstruction permits shall not be required for anysuch work that does not involve the alteration ordisturbance of the surface of the right-of-way.Each construction permit application shall in-clude a written work description, including con-struction drawings, showing the facilities' loca-tion, or proposed location, and the estimated


CD34:5

depth of the facilities, existing and proposed, inthe immediate area of the proposed new construc-tion. Such drawings shall be reviewed by the cityand if disapproved, returned with comments set-ting forth the reasons for such disapproval. Ap-provals shall not be unreasonably withheld ordelayed. Except as otherwise specifically providedherein, work shall not commence until applicableconstruction permits have been approved there-for. Review and approval by the city of construc-tion permits as provided herein shall not consti-tute any representation or warranty regardingthe sufficiency of design or construction of suchfacilities. All such work shall be in conformancewith the approved construction permit.

(1) Work for which a permit is required maybe performed at any time; provided, how-ever, any such permitted work performedwithin 500 feet of any residential struc-ture may only be performed between thehours of 7:00 a.m. and 8:00 p.m. Anypermitted work performed outside of theworking hours specified in this subsection(c)(1) must be approved in advance by thedirector of public works or his designee.

(2) All such construction and/or installationwork shall be completed in the time spec-ified in the construction permit. If thework cannot be completed within the spec-ified time period, the user may request anextension from the director of public worksor his designee, which extension shall notbe unreasonably withheld.

(d) Emergency repairs; restoration of service.

Notwithstanding subsection (c) of this section,during an emergency where in the good faithjudgment of the user, failure to act immediatelycould jeopardize public health, safety or generalwelfare, or in situations where a repair is neces-sary to restore service to a customer, such usermay perform repairs to facilities within publicrights-of-way, which involve the alteration or dis-turbance of the surface of such public right-of-way, without prior notification to, or acquisitionof, a construction permit from the city. In suchcases, the user shall notify the director of publicworks of the city as promptly as possible afterbeginning the work, but in no event later than theclose of business on the next business day, stating

the nature of such repairs, and if not completedthe length of time estimated to complete thesame. The user shall apply for the required ap-provals as soon as reasonably practicable, andany work performed that is not consistent withthe then-applicable city standards shall be cor-rected upon notice thereof from the city.

(e) Restoration of surface. Users may excavatepublic rights-of-way only for the purpose of, andto the extent reasonably required for, the construc-tion, installation, expansion, repair, removal ormaintenance of its facilities. Upon completion ofwork, the user shall promptly restore the surfaceof the affected public right-of-way to a conditionthat equals or exceeds its condition prior to suchconstruction. To such end, the restoration shallcomply with the following requirements:

(1) Replacing all ground cover equal to orbetter than the type of ground cover dam-aged during work, either by sodding orseeding or natural growth;

(2) Installation of all manholes and handholesas required;

(3) All bore pits, potholes, trenches or anyother holes shall be filled in or covereddaily, unless other safety requirementsare approved by the director of publicworks;

(4) Leveling of all trenches and backhoe lines;

(5) Restoration of excavation site to city spec-ifications; and

(6) Restoration of all landscaping and otheraffected structures such as sprinkler sys-tems and mailboxes.

(f) Maintenance period; delay in construction.All restoration work shall be maintained by theuser to the satisfaction of city for a period of oneyear from the date of completion of such restora-tion work. No public right-of-way shall be encum-bered by construction, maintenance, removal, res-toration or repair work for a longer period thanshall be necessary to execute such work. If thereis an unreasonable delay by the user in restoringand maintaining the public right-of-way or restor-ing such public right-of-way after such excava-tions, construction, installation or repairs have


CD34:6

been made, the city shall notify the user inwriting that if such restoration or maintenance isnot performed within five days of receipt of suchnotice, the city shall have the right to restore orrepair the same and to require the user to pay thereasonable cost of such restoration or repair,including any and all required indirect adminis-trative expenses incurred by the city, includingsalary, benefits and proportionate office expense.Furthermore, if restoration is not satisfactory andperformed in a timely manner, all work in progressexcept that related to the problem, including allwork previously permitted but not complete, maybe halted and a hold may be placed on anypermits not approved until all restoration is com-plete.

(g) Routine maintenance. Routine maintenanceon facilities located within public rights-of-wayshall be conducted in a manner that is consistentwith applicable city regulations governing suchwork, if any.

(h) Obstructions to traffic. Any obstruction ofvehicular or pedestrian traffic resulting from con-struction or repair activities to facilities otherthan for emergency repairs, shall require priornotification to the director of public works of thecity. Any such work shall be performed in amanner calculated to cause the least inconve-nience to the city and the public as is reasonablypossible under the circumstances. When a userperforms or causes to be performed any work overor across a public street or sidewalk, or so closelyadjacent thereto as to create hazards for thepublic or itself, the user shall provide construc-tion and maintenance signs and sufficient barri-cades and flagmen at such sites as are reasonablynecessary to protect the public and the user'sequipment and workers. The application of suchtraffic control devices shall be consistent with thestandards and provisions of the latest edition ofthe state manual on uniform traffic control de-vices. Appropriate warning lights shall be used atall construction and maintenance zones whereone or more traffic lanes are being obstructedduring nighttime conditions.

(i) Closing of streets. If a user's work requiresthe obstruction of any street for a period longerthan 30 minutes, such obstruction shall be ap-

proved by director of public works, which ap-proval may be conditioned on adequate trafficcontrol measures. The user shall not close anypublic street, but shall at all times maintain aroute of travel along and within any roadway thatis within a public right-of-way; provided, however,in cases of an emergency the director of publicworks or his designee may authorize the tempo-rary closing of a public street or sidewalk to allowthe user to complete such emergency repairs if inthe opinion of the director of public works or hisdesignee, such closing is necessary to protect thesafety of the general public.

(j) Construction drawings. Within 120 daysfollowing completion of construction, or within120 days following any material alteration ormodification thereto, the user shall supply thecity with a complete set of construction drawingsfor the work, or for the material alteration ormodification thereof, unless the user certifies tothe city in writing that such construction wascompleted in accordance with the constructionplans filed pursuant to subsection (c) of thissection, in which case such construction plansshall be marked accordingly by the city and filedas the "permanent construction drawings." Forthe purposes of this subsection, a material alter-ation or modification of a facility shall be deemedto have occurred if such alteration or modificationwould render the existing construction drawingsinaccurate and/or misleading regarding the loca-tion of a structural component thereof. Such draw-ings shall be of sufficient detail to allow the city todetermine the location of the facilities with rea-sonable accuracy. In lieu of print documents, auser may, upon advance reasonable request, pro-vide such drawings and maps by other mediums,including electronic mediums, provided that thecity has the capability to access such information.(Code 2002, § 4.1205; Ord. No. 591, 6-19-2001)

Sec. 34-79. Conservation of public rights-of-

way.

(a) To the extent the city may be authorized bystate or federal law to do so, and to the extentreasonable under the circumstances then exist-ing, the city may require a user to attach portionsof its facilities to other facilities within the publicrights-of-way owned and maintained by other


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persons. A user shall not be required to attach itsfacilities to the facilities of such other persons if itis shown that such user would be subjected therebyto increased risks of interruption to its service, toincreased liability for accidents, or to unreason-able delays in construction or availability of ser-vice or if the facilities of such other person are notof the character, design or construction requiredby, or are not being maintained in accordancewith current practice or are not available to theuser on reasonable terms, including without lim-itation reasonable fees.

(b) Insofar as is practical to do so, users shalluse existing facilities in the provision of theirservices; provided, however, nothing containedherein shall be construed as limiting a user fromexpanding its facilities to accommodate futuregrowth and development. Users shall provideinformation to the city relating to the locationand/or operation of their facilities or services asmay be reasonably necessary for municipal plan-ning purposes.(Code 2002, § 4.1206; Ord. No. 591, 6-19-2001)

Sec. 34-80. Relocation or removal of facili-

ties.

(a) To the extent the city may be authorized bylaw to do so, a user may be required to lower,place underground, relocate or remove any facil-ity within any public right-of-way without cost tothe city if reasonably necessary, as determined bythe city council, to abate a condition actually orpotentially dangerous to public health or safety,or as may be reasonably necessary to accommo-date the construction, repair, maintenance, re-moval or installation of any publicly funded cityproject within the city in, upon or under publicrights-of-way, including without limitation streetconstruction and widening, water, sanitary sewer,storm drains, street lights and traffic signal con-duits, or any other public facilities in, upon orunder the public rights-of-way. In the alternative,where the city council determines it to be feasible,a user may be allowed to pay the additional costsincurred for the design and/or construction of anysuch publicly funded city project in a manner thatwould avoid the necessity of relocation or removalof the facilities. A user shall be provided theopportunity to collaborate in advance with the

city and/or propose alternatives in order to mini-mize cost, better schedule the work and accom-modate suitable refinements and/or joint workwith others.

(b) In the event of any such requirement forlowering, placing underground, relocating or re-moving facilities as herein provided, the usershall complete the same as soon as is reasonablypracticable following written notice thereof by thecity.(Code 2002, § 4.1207; Ord. No. 591, 6-19-2001)

Sec. 34-81. Obsolete facilities.

Users shall remove facilities from the publicrights-of-way when such facilities are obsolete,are no longer in service and create either visualblight or a nuisance to the public; provided, how-ever, a user shall not be required to remove anyfacility for which renovation or restoration isplanned by the user, and which renovation orrestoration is completed within a reasonable pe-riod of time. When permanent structures in pub-lic rights-of-way are removed, the city shall benotified in writing of such removal.(Code 2002, § 4.1208; Ord. No. 591, 6-19-2001)

Sec. 34-82. Bonding.

All users other than governmental units shallcomply with all applicable regulations of the cityrelating to the provision of bonds or other securitywhich may be required in connection with work inpublic rights-of-way.(Code 2002, § 4.1209; Ord. No. 591, 6-19-2001)

Sec. 34-83. Temporary rearrangement of

aerial wires and cables.

Upon request, a user shall remove or raise orlower its aerial facilities temporarily to permitthe moving of houses or other bulky structures.The expense of such temporary rearrangementsshall be paid by the party or parties requestingsame, excluding requests by the city. The usermay require payment in advance. The user shallbe given a reasonable amount of advance notice toprovide for such rearrangement.(Code 2002, § 4.1210; Ord. No. 591, 6-19-2001)


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Sec. 34-84. Tree trimming.

Users shall comply with chapter 18, article II,and all other applicable rules and regulations ofthe city governing the trimming, grooming, orremoval of trees or other similar vegetative mat-ter.(Code 2002, § 4.1211; Ord. No. 591, 6-19-2001)

Sec. 34-85. Erosion and stormwater mea-

sures.

Erosion control measures shall be implementedprior to commencement of any work. The usershall comply with stormwater management ero-sion control that complies with the city, state andfederal laws, regulations and guidelines. Require-ments may include but shall not be limited to siltfencing around any excavation that will be leftovernight, silt fencing in erosion areas until rea-sonable vegetation is established and barricadefencing around open holes. High erosion areasshall require wirebacked silt fencing.(Code 2002, § 4.1212; Ord. No. 591, 6-19-2001)

Sec. 34-86. Placement of facilities.

All facilities constructed or installed on or afterthe effective date of the ordinance from which thissection is derived shall be buried undergroundwhere possible. Except as otherwise providedhereinafter, all facilities constructed or installedabove ground shall be approved by the city. Ped-estals, junction boxes, metering facilities and sim-ilar appurtenances may be placed above ground.Users shall not place facilities within public rights-of-way in such a manner as to unreasonablyinterfere with existing electrical, cable or telecom-munications fixtures, water hydrants or mains, ordrainage or sanitary sewer facilities and all suchfacilities shall be placed in such manner as not tointerfere with usual travel or public and/or mu-nicipal use of the public rights-of-way. The cityshall have the right to direct the location offacilities in the public rights-of-way. The installa-tion, repair, construction, maintenance and re-placement of facilities in the rights-of-way shallbe subject to inspection and approval by the city.Users shall cooperate fully with the city in con-

ducting inspections. Users shall promptly per-form remedial action required by the city pursu-ant to such inspection.(Code 2002, § 4.1213; Ord. No. 591, 6-19-2001)

Sec. 34-87. Line location and identification.

Users shall be responsible for obtaining linelocations from the state one-call system, the cityand all affected utilities and others with facilitiesin public right-of-way, prior to any excavation.Use of the geographic information system or plansof record shall not satisfy this requirement. Theuser shall be responsible for verifying the loca-tion, both horizontal and vertical, of all facilities.When required by the director of public works orhis designee, a user shall verify locations of po-tential conflicts with existing facilities by potholing, hand digging or other similar methodprior to any excavation or boring. Placement of allmanholes and/or hand holes must be approved inadvance by the director of public works. Handholesor manholes shall not be located in sidewalksunless approved by the director of public works orhis designee. Location flags shall not be removedwhile facilities are being constructed. All locationflags shall be removed during the cleanup processby the user at completion of the work. The user orhis agent, contractor or subcontractor shall notifythe director of public works or his designee imme-diately of any damage to other utilities.(Code 2002, § 4.1214; Ord. No. 591, 6-19-2001)

Sec. 34-88. Planning for capital improve-

ment projects.

Users shall apprise the city of existing andplanned construction, maintenance and other ac-tivities of the user within public rights-of-way.Except for emergencies, users shall coordinate allinstallations and construction within the publicrights-of-way with the city's capital improvementprograms. The city shall notify the user within 60days of the date city will demand relocation orremoval of users' facilities to facilitate the city'scapital program. Within 60 days following receiptof the city's notice thereof, each user shall providea written report to the city identifying and de-scribing generally the existing facilities that arewithin or cross through the boundaries of eachproject identified by the city. The city and the user


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shall provide to each other the names of theirrespective designated officials who will serve asrepresentatives for coordination of the exchangeof information and planning on any such project.Users shall field locate their facilities and identifythe same with surface markings within 15 work-ing days following the city's request therefor.(Code 2002, § 4.1215; Ord. No. 591, 6-19-2001)

Sec. 34-89. Guarantee of performance.

Except as provided in this section, each user, atthe time of submission of its initial and eachrenewal registration application, shall file withthe city a guarantee of performance of the user'sobligations hereunder, whether to be performedby the user or any contractor or subcontractor onbehalf of the user, to complete the installation ofits facilities within the public rights-of-way inaccordance with the permits and approved plansand specifications therefor. Such guarantee shallbe payable to the city in the amount as set byresolution or ordinance of the city council fromtime to time and kept on file in the office of thecity secretary. In the event a user, or a contractoror subcontractor performing work on behalf of auser applies for a permit for work in which theestimated cost of restoration will exceed suchamount, such user shall file a supplemental guar-antee for such additional reconstruction costs.Such guarantee may take the form of a bond, anirrevocable letter of credit or a statement of fiscalresponsibility as set forth below:

(1) Bonds. A corporate surety bond issued bya corporate surety authorized to do busi-ness in the state. The bond shall containthe following endorsement: "It is herebyunderstood and agreed that this bondmay not be canceled by the surety, normay any intention not to renew be exer-cised by the surety until 60 days afterreceipt by the city, by registered or certi-fied mail or written notice of such intentto cancel or to not renew." The rightsreserved to the city with respect to thebond are in addition to all other rights ofthe city and no action, proceeding or ex-ercise of a right with respect to such bondshall affect any other rights of the city; or

(2) Letters of credit. An irrevocable letter ofcredit in a form satisfactory to the mayorand the city attorney shall be issued by afederally insured commercial lending in-stitution with a credit rating of BAA orBBB+ or higher. The federally insuredcommercial institution on which the irre-vocable letter of credit is to be drawn shallbe acceptable to the city. The irrevocableletter of credit shall contain the followingendorsement: "At least 60 days prior writ-ten notice shall be given to the mayor bythe financial institution of any intentionto cancel, replace, fail to renew or mate-rially alter this irrevocable letter of credit.Such notice shall be given by certifiedmail to the mayor and city attorney. Thecity may draw upon this irrevocable letterof credit by presentation of a draft atsight, accompanied by a written certifi-cate signed by the city administrator, cer-tifying that (user) has failed to complywith provisions of ordinances applicableto (user's) use of public rights-of-way withinthe city."

a. After providing a user with 30 daysadvance written notice of any amountdue and owing, and the user's failureto pay such amounts, the city maydraw upon the irrevocable letter ofcredit by presentation of a draft atsight on the lending institution, ac-companied by a written certificatesigned by the mayor certifying thatthe user has failed to comply withthe provisions of this article.

b. The user shall structure the irrevo-cable letter of credit in such a man-ner that if the city draws upon theirrevocable letter of credit and re-duces the amount of available creditto an amount below that required,the user shall replenish the irrevo-cable letter of credit to the minimumwithin five calendar days after theavailable credit is reduced to anamount below that required. Theintent of this section is to ensurethat the credit available to the cityshall at no time fall below the amountrequired.


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(3) Statement of fiscal responsibility. Writtenevidence in the form of its most recentaudited financial statement, showing as-sets or reserves sufficient to cover theamount of the guarantee required by thissection. If the user's assets or reserves areno longer adequate to comply with theamounts required by this section, the usershall immediately notify the city and shallobtain a bond or letter of credit as setforth in this section.

The rights reserved to the city with respect to thefinancial guarantees provided for in this sectionare in addition to all other rights of the city,whether reserved by this article or otherwiseauthorized by law and no action, proceeding orright with respect to the guarantee shall affectany other right the city has or may have.(Code 2002, § 4.1216; Ord. No. 591, 6-19-2001)

Sec. 34-90. Insurance and indemnity.

(a) Generally. A user shall procure and main-tain insurance in full force and effect at all timeswhile its facilities are located in the public rights-of-way. The insurance shall cover all risks associ-ated with the use and occupancy of such rights-of-way. Coverage shall be on an "occurrence basis."The insurance requirements applicable to a userunder this section shall be applicable to all per-sons performing work within public rights-of-wayon behalf of such user unless such person iscovered, or named as an additional insured, un-der the policies of insurance supplied by the userpursuant hereto. If any person other than a useris required to provide such insurance, the provi-sions referring to a user hereinbelow shall beconstrued to mean such person.

(1) Risks and limits of liability. The insur-ance, at a minimum, must include thefollowing coverages and limits of liability.

_________________________________________________________________________________________________

Coverage Limit of Liability

a. Workers' compensation and employer's liability Statutory

b. Employer's liability Bodily injury $1,000,000.00 (each occurrence)

c. Commercial general liability Combined single limit for bodily injury andproperty damage of $1,000,000.00 per occur-rence and $1,000,000.00 aggregate

1. All premises/operations2. Independent contractors3. Personal and advertising injury4. Contractual liability5. Explosion, collapse and underground hazards

d. Comprehensive automobile liability, including cov-erage for loading and unloading hazards for:

Combined single limit for bodily injury andproperty damage of $1,000,000.00 per occur-rence.

1. Owned/leased vehicles2. Non-owned vehicles3. Hired automobiles

e. Excess coverage $5,000,000.00 per occurrence/combined aggre-gate in excess of limits specified for employer'sliability, commercial general liability, and au-tomobile liability.

Note—Aggregate limits are for a 12-month policy period, unless otherwise indicated.


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(2) Form of policies. The insurance may be inone or more policies of insurance, the formof which must be approved by the stateinsurance commission.

(3) Issuers of policies. The issuer of any policyshall be authorized to transact insurancebusiness in the state.

(4) Insured parties. Each policy shall namethe user and the city (and the officers,agents and employees of the city) as in-sured parties.

(5) Deductibles. The user shall assume andbear any claims or losses to the extent ofany deductible amounts and waives anyclaims it may ever have for the deductibleamounts against the city, its officers, agentsor employees.

(6) Cancellation. Each policy shall expresslystate that it may not be canceled ornonrenewed unless 30 days advance no-tice of cancellation or nonrenewal is givenin writing to the city.

(7) Subrogation. Each policy shall contain anendorsement to the effect that the issuerwaives any claim or right in the nature ofsubrogation to recover against the city, itsofficers, agents or employees.

(8) Liability for premium. If any of the poli-cies referred to in this section do not havea flat premium rate, and such premiumhas not been paid in full, such policy shallhave a rider or other appropriate certifi-cate or waiver sufficient to establish thatthe issuer is entitled to look only to theuser for any further premium paymentand has no right to recover any premiumsfrom the city.

(9) "Other insurance" clause. The insurancepolicy shall provide that the "other insur-ance" clause does not apply to the citywhere the city is shown on the policy asan additional insured.

(10) Delivery of policies. The originals of allpolicies referred to in this section, or cop-ies thereof, certified by the agent or attor-ney-in-fact issuing them, together withwritten proof that the premiums have

been paid, shall be deposited by the userwith the city secretary prior to commence-ment of any work. Failure on the part ofthe user to furnish a new policy or certi-fied copy thereof before the expirationdate of any such policy, or failure to obtaina new policy before the date fixed for thecancellation of an existing policy so thatthe insurance referred to shall be contin-uously in effect, shall constitute a viola-tion hereunder.

(11) Liability of user. The city's approval, dis-approval or failure to act regarding anyinsurance supplied by a user shall notrelieve such person from full responsibil-ity or liability for damages and accidentsarising out of use or occupancy of publicrights-of-way. Neither bankruptcy, insol-vency nor denial of liability by the insur-ance company shall exonerate the userfrom liability.

(12) Self-insurance. A user may elect to self-insure to provide the insurance coveragerequired hereunder, subject to the restric-tions set forth in this subsection, providedthe user submits to the city copies of itscertificates of self-insurance from the statedepartment of insurance and its mostrecent audited financial statements show-ing self-insurance reserves or other assetssufficient to pay judgments equal to thelimits set forth above. A user shall alsoprovide to the city documentation evidenc-ing its process for reviewing and payingclaims. The city shall be protected by auser's self-insurance to the same extentas an additional insured on a policy is-sued by an insurance company. If a user'sself-insurance program ceases, or a user'sassets or reserves are no longer sufficientto comply with the above coverage require-ments, the user shall immediately notifythe city of such lapse of coverage and theuser shall obtain commercial insurance,in accordance with the requirements ofthis section, within 30 days following suchnotice.


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(b) Indemnity. To the extent permitted by law,each user and each person performing work withina public right-of-way as a contractor on behalf ofa user shall indemnify and hold the city harmlessas set forth below. If any person other than a useris required to provide such indemnity, the provi-sions referring to a user hereinbelow shall beconstrued to mean such person.

(1) The user shall promptly defend, indem-nify and hold the city harmless:

a. From and against all damages, costs,losses or expenses for the repair,replacement or restoration of city'sproperty, equipment, materials, struc-tures and facilities which are dam-aged, destroyed or found to be defec-tive solely as a result of the user'sacts or omissions; and

b. From and against any and all claims,demands, suits, causes of action andjudgments for:

1. Damage to or loss of the prop-erty of any person (includingbut not limited to the user, itsagents, officers, employees andsubcontractors, and the city, itsagents, officers, and employeesand third parties); and/or

2. Death, bodily injury, illness, dis-ease, loss of services or loss ofincome or wages to any person(including but not limited tothe officers, agents, and employ-ees of the user, the user's con-tractors and the city's officers,agents, and employees and thirdparties);

arising out of, incident to, concern-ing, or resulting from the negligentor willful acts or omissions of theuser, its officers, agents, employees,and/or subcontractors in the perfor-mance of activities pursuant to thisarticle.

(2) This indemnity provision is intended toinclude liability arising from the city'salleged negligence, but only to the extentsuch liability arises out of a claim or

claims that the city was negligent in au-thorizing the user to use or occupy thepublic rights-of-way, in regulating the con-duct of the user, or in failing to preventthe user from acting in a negligent orwrongful manner.

(c) Acts and omissions of officers, agents, etc.,

of the user. For purposes of this indemnificationprovision, acts or omissions of officers, agents,employees and contractors of the user shall beconsidered the acts and omissions of the user.

(d) Benefit of the city. The indemnity provisionset forth in this section is solely for the benefit ofthe city and the user and is not intended to createor grant any rights, contractual or otherwise, toany other person.(Code 2002, § 4.1217; Ord. No. 591, 6-19-2001)

Sec. 34-91. Revocation or denial of construc-

tion permits.

If any provision of this article is not followed, apermit for the construction of facilities may berevoked. If a person has not followed the termsand conditions of this article with respect to workdone pursuant to a prior permit, new permits maybe denied or additional terms may be required.(Code 2002, § 4.1218; Ord. No. 591, 6-19-2001)

Sec. 34-92. Appeal from denial or revoca-

tion of permit.

Appeals from denials or revocations of permitsshall be to the city council. Appeals shall be filedwith the city secretary within 15 days from thedate of the denial or revocation. A hearing shall beheld within 30 days of the date the appeal is filedwith the city secretary.(Code 2002, § 4.1219; Ord. No. 591, 6-19-2001)

Sec. 34-93. Conflicts with existing or future

franchises.

In the event of conflict between the provisionsof this article and any franchise or other writtenauthorization heretofore or hereafter approved bycity, the provisions of this article shall control.


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Any condition imposed pursuant to a zoning spe-cific use permit shall be in addition to the require-ments of this article.(Code 2002, § 4.1220; Ord. No. 591, 6-19-2001)

Sec. 34-94. Notice.

Any notice required to be given to the cityhereunder shall be given in writing, and may beeffected by:

(1) Personal delivery if delivered to the direc-tor of public works or his designee;

(2) By facsimile or electronic mail, if deliv-ered to the director of public works or hisdesignee and to the city secretary; or

(3) By United States mail, postage prepaid,registered or certified, return receipt re-quested, addressed to the director of pub-lic works or his designee and the citysecretary.

No notice shall be deemed given until actualreceipt by the city as set forth in this section.(Code 2002, § 4.1221; Ord. No. 591, 6-19-2001)

Sec. 34-95. Penalties; remedies.

(a) Criminal penalty. Any person who shallviolate any provision of this article shall be deemedguilty of a misdemeanor. Prosecution for andimposition of criminal penalties under this sub-section shall not bar the city from seeking otheradditional remedies as may be provided in thisarticle by law or in equity.

(b) Civil penalties. Civil penalties may be im-posed for violation of any provision of this article,as follows:

(1) Up to $1,000.00 for each violation andeach day of a continuing violation may beconsidered a new violation; and/or

(2) Revocation of any or all permits grantedto allow work in public rights-of-way, sub-ject to procedural guidelines provided inthis article, any agreement which appliesto the person subject to the complaint andsubject to any limitation imposed by fed-eral or state law.

(Code 2002, § 4.1222; Ord. No. 591, 6-19-2001)


ARTICLE IV. USE OF RIGHTS-OF-WAY BY

TELECOMMUNICATIONS PROVIDERS*


(a) Protection of rights-of-way; neutrality. Thepurpose of this article is to establish a competi-tively neutral policy for the use by telecommuni-cations providers of the city's public rights-of-wayand to enable the city to:

(1) Minimize congestion, inconvenience, vi-sual impact, costs and other adverse ef-fects which would likely result from theunregulated placement of telecommunica-tions facilities within public rights-of-way;

(2) Require, to the extent permitted by law,that telecommunications providers pay fairand reasonable compensation for the useof public rights-of-way;

(3) Promote competition among telecommu-nications providers and encourage the uni-versal availability of telecommunicationsservices to all residents and businesses ofthe city;

(4) Conserve the limited physical capacity ofsuch public rights-of-way held in publictrust by the city;

(5) Ensure that telecommunications provid-ers having facilities within the city com-ply with applicable ordinances, rules andregulations of the city; and

(6) Ensure that the city fairly and responsi-bly preserves and protects the publichealth, safety and general welfare.

(b) Services not regulated. It is not the policy orintention of this article to prohibit, regulate,license or franchise the provision of any servicewithin the city, and no provision of this articleshall be so construed; any term or conditioncontained herein, or in any license ordinance

*State law reference—Management of public right-of-way used by telecommunication provider in municipality,V.T.C.A., Local Government Code ch. 283.


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adopted pursuant hereto, shall relate to the rightsof a person to make use of the public rights-of-way, not in limitation of any right granted by thestate public utility commission, the Federal Com-munications Commission (FCC) or their succes-sors.

(c) Existing franchise rights preserved. Thisarticle shall not apply to a telecommunicationsprovider operating within the city on the effectivedate of the ordinance from which this article isderived pursuant to a valid existing franchiseordinance; provided, however, upon the termina-tion of any such franchise, the telecommunica-tions provider to which it applies shall be subjectto the provisions hereof in the same manner asany other telecommunications provider. Notwith-standing the foregoing, any telecommunicationsprovider operating within the city on the effectivedate of the ordinance from which this article isderived pursuant to a valid franchise ordinancemay, at such provider's option, apply for theissuance of a license hereunder and the earlytermination of such franchise. Such franchiseshall be deemed terminated upon the effectivedate of such license. Nothing in this article shallbe construed to diminish the right or ability of thecity to require any other user of public rights-of-way to secure appropriate city authorization, in-cluding without limitation cable service provid-ers.(Code 2002, § 4.1101; Ord. No. 558, 9-24-1999)



Access line means a unit of measurement rep-resenting:

(1) Each switched transmission path of thetransmission media that is physicallywithin the public right-of-way extended tothe end-user customer's premises withinthe city that allows delivery of local ex-change telephone services within the citythat is provided by means of owned facil-ities, unbundled network elements orleased facilities or resale;

(2) Each termination point or points of anonswitched telephone or other circuitconsisting of transmission media locatedwithin the public right-of-way connectingspecific locations identified by and pro-vided to the end-user for delivery ofnonswitched telecommunications serviceswithin the city; or

(3) Each switched transmission path withinthe public right-of-way used to providecentral office based PBS-type services forsystems of any number of stations withinthe city, and in such instance, one suchpath shall be counted for every ten sta-tions served.

The term "access line" shall not be construed toinclude interoffice transport or other transmis-sion media that do not terminate at an end-usecustomer's premises, or to permit duplicate ormultiple assessment of access line rates upon theprovision of a single service.

Applicant means a person who files an appli-cation with the city, pursuant to section 34-123hereof, to obtain a license to use or place networkfacilities within the city's public rights-of-way,whether by means of the person's own facilities orby purchase or lease of one or more networkfacilities from another provider of telecommuni-cations services.

Cable Act means the Cable CommunicationsPolicy Act of 1984, 47 USC 532 et seq., as amended.

Cable operator means a person providing oroffering to provide cable service within the city asthat term is defined in the Cable Act.

Cable service shall have the same meaningprovided by the Cable Act.

City property means all real property owned bythe city other than public rights-of-way, as thatterm is defined herein, and all other propertiesheld in a proprietary capacity by the city whichare not subject to right-of-way licensing as pro-vided in this article.

Federal Communication Commission or FCC

means the federal agency or its successor agencythat is the regulatory authority over telecommu-nications providers.


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License fee means the compensation payable tothe city by a licensee for the use and occupancy ofpublic rights-of-way.

License ordinance means an ordinance adoptedpursuant to this article which grants to a telecom-munications provider the authority and license toplace, operate and utilize its network facilitieswithin the public rights-of-way of the city for thepurpose of providing telecommunications ser-vices.

Licensee means a telecommunications providerthat has been issued a license pursuant to alicense ordinance.

Network facilities means conduits, ducts, man-holes, vaults, tanks, towers, wave guides, opticfiber, microwave dishes, transmitters, antennasand antenna structures, radio equipment and anyassociated converters, electrical lines, communi-cations lines, transmission lines, cables, wires,amplifiers, switches, utility equipment or othersuch object, device, facility or appurtenance, in-cluding attachments and encasements therefor,whether underground or overhead, which aredesigned, installed and constructed within thepublic rights-of-way for the purpose of producing,receiving, amplifying, switching, transmitting ordistributing communication signals, whether an-alog or digital, whether for voice, data or otherpurposes, and whether by or through wired orwireless systems, to or from customers, subscrib-ers or locations within the corporate limits of thecity. Network facilities shall not include airwavesabove a right-of-way. Network facilities shall notinclude such facilities to the extent that they aresolely used to provide cable services.

Public rights-of-way means the area on, below,or above a public roadway, highway, street, publicsidewalk, alley, waterway, or utility easement inwhich the municipality has an interest. The term"public rights-of-way does not include the air-waves above a right-of-way with regard to wire-less telecommunications.

Public Utility Commission of Texas or PUC

means the state agency having jurisdiction overtelecommunications providers.

Telecommunications means the transmissionbetween or among points specified by the user of

information of the user's choosing, without changein the content of the information as sent andreceived.

Telecommunications provider or provider meansa person who offers telecommunications servicesto customers through network facilities located inthe public rights-of-way.

Telecommunications services mean the provi-sion of telecommunications provided through net-work facilities, excluding cable services, but whichinclude without limitation:

(1) Access lines provided to end users or toother telecommunications companies forthe purpose of voice, data or noncablevideo transmission;

(2) Nonswitched telephone circuits consist-ing of transmission media connecting spe-cific locations identified by and providedto the end-user for delivery of nonswitchedservices within the city;

(3) Switched access lines for the distributionof voice, data, and noncable video trans-mission; and

(4) Any other telecommunication services au-thorized by state or federal law.

Wired telecommunications service means tele-communications services provided through net-work facilities which transmit and receive sounds,pictures or signals of any kind by aid of wire,cable, or other like connection between the pointsof origin and reception of such transmission, andincludes both one-way and two-way services.

Wireless telecommunications service means tele-communications services provided through net-work facilities which transmit and receive sounds,pictures or signals of any kind by radio or micro-wave signals between the points of origin andreception of such transmission, and includes bothone-way and two-way services.(Code 2002, § 4.1102; Ord. No. 558, 9-24-1999)

Sec. 34-121. Unauthorized use.

(a) Authorization required. It shall be unlaw-ful for any person to lay, construct, operate, offerfor lease or make available for any use whatso-ever any network facility across, along, over,


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above or under any public right-of-way within thelimits of the city for any private or commercialpurpose unless the right to do so has been grantedto such person pursuant to a license ordinanceadopted by the city council in accordance here-with.

(b) Liability for fees. Without limitation of otherremedies available to the city, persons making useof the public rights-of-way of the city in violationof this article, or otherwise without valid consentof the city, shall be liable for all fees authorized bythis article effective as of the date of inception ofsuch use.(Code 2002, § 4.1103; Ord. No. 558, 9-24-1999)

Sec. 34-122. Public use license.

(a) Application required, contents. Any personproposing to place network facilities within publicrights-of-way shall submit an application to thecity. Applications may be filed in the office of thecity secretary. An application shall describe, ingeneral terms, all services the applicant will offeror provide, and shall outline the applicant's pro-posed network facilities, including a descriptionof the physical characteristics of the networkfacilities proposed to be installed in the publicrights-of-way. The city council may require thefollowing information:

(1) The identity of the applicant and all affil-iates of the applicant which may use inany manner the network facilities to pro-vide telecommunications services withinthe city;

(2) Ageneral description of the principal trans-mission medium that will be used by theapplicant to offer or provide such telecom-munications services;

(3) Preliminary engineering plans, specifica-tions and a network map of planned orprojected new network facilities to be lo-cated within the city, all in sufficientdetail to identify:

a. The location and route requested forthe applicant's proposed network fa-cilities;

b. The location of all known overheadand underground public utility, tele-

communications, cable, water, sewer,drainage and other facilities in thepublic rights-of-way along the pro-posed route; and

c. The specific trees, structures, im-provements, facilities or obstruc-tions, if any, that the applicant pro-poses to temporarily or permanentlyremove or relocate;

(4) If the applicant is proposing to installoverhead facilities, evidence that surplusspace is available, and if existing utilitypoles are to be utilized, evidence thattheir use is authorized;

(5) If the applicant is proposing to installunderground network facilities, evidenceof whether surplus duct or conduit spaceis available, and if existing ducts or con-duits are to be utilized, evidence thattheir use is authorized;

(6) A preliminary construction schedule andcompletion dates;

(7) A preliminary traffic control plan;

(8) Information to establish that the appli-cant will obtain all other governmentalapprovals and permits prior to construc-tion and operation of the network facili-ties and prior to offering or providing thetelecommunications services;

(9) Whether the applicant intends to providecable service or other video programmingservice, such as an open video system, asdefined in the Cable Act, together withsufficient information to determine whethersuch service is subject to cable franchisingunder the Cable Act;

(10) A narrative description of applicant's ex-isting network facilities in the city thatthe applicant intends to use or lease;

(11) The area of the city the applicant desiresto serve and a schedule for build-out tothe entire city, if any; and

(12) Such other and further information relat-ing to the use of the public rights-of-waythat may be reasonably requested by thecity council.


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(b) Standards for approval. In making its de-terminations regarding adoption of license ordi-nances, the city council shall consider the legalauthority of the subject applicant to provide tele-communications services within the city, with dueregard for applicable federal and state telecom-munications laws, regulations and policies.

(c) License ordinance. The license ordinancesadopted by the city council shall be deemed toincorporate all provisions of this article. A licenseordinance shall be deemed as authorization forthe applicable licensee to use the public rights-of-way for the provision of telecommunications ser-vices. No network facility shall be located, ormade use of, in any public right-of-way in amanner inconsistent with the provisions of thisarticle and/or the license ordinance. No licenseordinance shall be construed to grant access tocity property, as defined herein, unless specifi-cally included therein. No licensee shall use apublic right-of-way or allow any other person touse licensee's network facilities in a public right-of-way, except as provided in the applicable li-cense ordinance. Notwithstanding the foregoing,a license ordinance shall not be required for aperson engaging solely in the resale of a licensee'sservices or the provision of services by unbundlednetwork elements obtained from a licensee; pro-vided that the applicable license ordinance autho-rizes the network facilities involved and the per-son does not own or operate any network facilitiesin the public rights-of-way.

(d) Conditions of license. The issuance of anylicense pursuant to this section shall be subject tothe following additional standards:

(1) Interference with public use prohibited.

All licensees shall lay, construct, erect,operate, lease, maintain, repair and re-place their network facilities in such amanner as to not unreasonably interferewith the use of public rights-of-way, pub-lic streets and sidewalks or other public orprivate ways.

(2) Compliance with law. Licensees are ex-plicitly subject to the police powers of thecity and the city's rights as a propertyowner under state and federal laws. Allwork done by licensees in connection with

the construction, expansion, reconstruc-tion, maintenance or repair of its networkfacilities in public rights-of-way shall besubject to and governed by all applicablefederal, state and city rules, regulations,laws and ordinances. The provisions ofthis subsection shall apply to all licenseesand to any other person owning, operat-ing or in control of network facilities lo-cated within public rights-of-way.

(3) Construction regulations.

a. Excavations. All excavations andother construction in the public rights-of-way shall be performed in accor-dance with all applicable state, fed-eral and city regulations.

b. Interference with use of property. Allconstruction within public rights-of-ways shall be undertaken so as tominimize interference with the useof public and private property and inaccordance with any lawful directiongiven by the city under the policeand regulatory powers.

c. Construction permits. Before com-mencing any work which involvesthe construction, installation, expan-sion, repair, removal or maintenanceof network facilities within a publicright-of-way, a licensee shall applyfor and obtain a construction permittherefor; provided, however, acquisi-tion of construction permits shall notbe required for any such work whichdoes not involve the alteration ordisturbance of the surface of theright-of-way. Each permit applica-tion shall include a written workdescription, including constructiondrawings, showing the network facil-ities' location (or proposed location)and the estimated depth of the net-work facilities (existing and pro-posed) in the immediate area of theproposed new construction. Suchdrawings shall be reviewed by thecity engineer and if disapproved, re-turned with comments setting forththe reasons for such disapproval. Ap-


CD34:18

provals shall not be unreasonablywithheld or delayed. Except as oth-erwise specifically provided herein,licensees shall not commence anysuch work until applicable construc-tion permits have been approvedtherefor. Upon completion of any suchwork, the licensee shall promptlyrestore the surface of the affectedpublic right-of-way to a conditionwhich equals or exceeds its conditionprior to such construction. To suchend, the licensee shall replace exca-vated areas with the same type ofmaterials as those removed, unlessalternate equivalent materials areapproved by the city. Any excavatedareas showing depressions within oneyear following such work shall berestored by the licensee. Licenseesmay excavate public rights-of-wayonly for the purpose of, and to theextent reasonably required for, theconstruction, installation, expansion,repair, removal, or maintenance ofits network facilities. Review andapproval by the city of constructionpermits as provided herein shall notconstitute any representation or war-ranty regarding the sufficiency ofdesign or construction of the net-work facilities.

d. Emergency repairs; restoration of ser-

vice. Notwithstanding the foregoingsubsection (d)3c., during emergencysituations where in the good faithjudgment of a licensee failure to actimmediately could jeopardize publichealth, safety or general welfare, orin situations where a repair is nec-essary to restore service to a cus-tomer, licensees may perform re-pairs to facilities within public rights-of-way which involve the alterationor disturbance of the surface of suchpublic right-of-way, without prior no-tification to the city. In such cases,the licensee shall notify the directorof public works for the city by theclose of business on the next busi-

ness day, stating the nature of suchrepairs and if not completed, thelength of time estimated to completethe same. The licensee shall applyfor the required approvals as soon asreasonably practicable, and any workperformed that is not consistent withthe then-applicable city standardsshall be corrected upon notice thereoffrom the city.

e. Routine maintenance. Routine main-tenance on network facilities locatedwithin public rights-of-way shall beconducted in a manner that is con-sistent with the then-applicable cityregulations governing such work, ifany.

f. Obstructions of traffic. Any obstruc-tion of vehicular or pedestrian trafficresulting from construction or repairactivities of a licensee other than foremergency repairs shall require priornotification to the director of publicworks of the city. Any such workshall be performed in a manner cal-culated to cause the least inconve-nience to the city and the public as isreasonably possible under the circum-stances. When a licensee performs orcauses to be performed any workover or across a public street or side-walk, or so closely adjacent theretoas to create hazards for the public oritself, the licensee shall provide con-struction and maintenance signs andsufficient barricades and flag men atsuch sites as are reasonably neces-sary to protect the public and thelicensee's equipment and workers.The application of such traffic con-trol devices shall be consistent withthe standards and provisions of thelatest addition of the state manualon uniform traffic control devices.Appropriate warning lights shall beused at all construction and mainte-nance zones where one or more traf-fic lanes are being obstructed duringnighttime conditions.


CD34:19

g. Closing of streets. If a licensee's workrequires the obstruction of any streetfor a period longer than 30 minutes,the closure shall be performed in amanner approved by the director ofpublic works. The licensee shall notwholly close any public street, butshall at all times maintain a route oftravel along and within any roadwaythat is within a public right-of-way;provided that in cases of an emer-gency, the director of public worksmay authorize the temporary closingof a public street or sidewalk toallow the licensee to complete suchemergency repairs if, in the opinionof the director of public works, suchclosing is necessary to protect thesafety of the general public.

h. Construction drawings. Within 120days following completion of eachsegment of its network facilities, orwithin 120 days following any mate-rial alteration or modification thereto,each licensee shall supply the citywith a complete set of constructiondrawings for that segment, or for thematerial alteration or modificationthereof, unless the licensee certifiesto the city, in writing, that suchconstruction was completed in accor-dance with the construction plansfiled pursuant to subsection (d)(3)cof this section, in which case suchconstruction plans shall be markedaccordingly by the city and filed asthe "permanent construction draw-ings." For the purposes hereof, amaterial alteration or modificationof a network facility shall be deemedto have occurred if such alteration ormodification would render the exist-ing construction drawings inaccu-rate and/or misleading regarding thelocation of a structural componentthereof. Such drawings shall be ofsufficient detail to allow the city todetermine the location of the licensee'snetwork facilities with reasonableaccuracy. In lieu of print documents,

a licensee may upon advance reason-able request provide such drawingsand maps by other mediums, includ-ing electronic mediums, provided thecity has the capability to access suchinformation.

(4) Conservation of public rights-of-way.

a. To the extent the city may be autho-rized by state or federal law to do so,and to the extent reasonable underthe circumstances then existing, thecity may require a licensee to attachportions of their facilities to otherfacilities within the public rights-of-way owned and maintained by otherpersons. A licensee shall not be re-quired to attach its facilities to thefacilities of such other persons if it isshown that such licensee would besubjected thereby to increased risksof interruption to its service, to in-creased liability for accidents or tounreasonable delays in constructionor availability of service, or if thefacilities of such other person are notof the character, design or construc-tion required by, or are not beingmaintained in accordance with, cur-rent practice or are not available tothe licensee on reasonable terms,including, without limitation, reason-able fees.

b. Insofar as is practical to do so, lic-ensees shall use existing networkfacilities in the provision of theirservices; provided, however, nothingcontained herein shall be construedas limiting a telecommunications pro-vider from expanding its facilities toaccommodate future growth and de-velopment. Licensees shall provideinformation to the city relating tothe location and/or operation of theirnetwork facilities or services as maybe reasonably necessary for munici-pal planning purposes.

(5) Relocation or removal of facilities.

a. A licensee may be required to lower,place underground, relocate or re-


CD34:20

move any network facility withinany public right-of-way without costto the city if reasonably necessary, asdetermined by the city council, toabate a condition actually or poten-tially dangerous to public health orsafety, or as may be reasonably nec-essary to accommodate the construc-tion, repair, maintenance, removalor installation of any city or othergovernmental entity's publicly fundedproject within the city in, upon orunder public rights-of-way, includ-ing, without limitation, street con-struction and widening, water, sani-tary sewer, storm drains, streetlightsand traffic signal conduits, or anyother public facilities in, upon, orunder the public rights-of-way. Inthe alternative, where the city coun-cil determines it to be feasible, alicensee may be allowed to pay theadditional costs incurred for the de-sign and/or construction of any suchpublic works project in a mannerthat would avoid the necessity ofrelocation or removal of the networkfacilities. A licensee shall be pro-vided the opportunity to collaboratein advance with the city and/or pro-pose alternatives in order to mini-mize cost, better schedule the workand accommodate suitable refine-ments and/or joint work with others.

b. In the event of any such requirementfor lowering, placing underground,relocating or removing network facil-ities as herein provided, the licenseeshall complete the same as soon as isreasonably practicable following writ-ten notice thereof by the city.

(6) Timely completion. If a licensee fails toeither (i) commence or thereafter dili-gently prosecute any repair, refilling, low-ering, relocation, removal, or other workrequired by the city, or (ii) diligently com-plete any work that disturbs a publicright-of-way, the city may cause the workto be done or completed at the expense of

the licensee and may recover all suchexpense from the licensee, together withall costs and reasonable attorneys fees.Notwithstanding the foregoing, a licenseeshall be entitled to notice and opportunityto cure during the cure period describedand set forth in section 34-125, and shallnot be liable for any costs under thissection unless such licensee fails to timelycomplete during such cure period.

(7) Abandonment of obsolete network facili-

ties. Licensees shall remove network facil-ities when such network facilities are ob-solete, are no longer in service and eithercreate visual blight or create a nuisanceto the public; provided, however, a lic-ensee shall not be required to remove anynetwork facility for which renovation orrestoration is planned by a licensee andwhich renovation or restoration is com-pleted within a reasonable period of timefollowing abandonment. Provided further,no network facility or any material por-tion thereof, which is being utilized fortelecommunications services shall bedeemed to be abandoned. When perma-nent structures in public rights-of-wayare removed or abandoned, the city shallbe notified in writing of such removal orabandonment. The director of public worksmay direct such remedial measures as thedirector may determine are necessary forpublic safety and the integrity of publicrights-of-way.

(8) Bonding. A licensee shall comply with allapplicable regulations of the city relatingto the provision of bonds or other securitywhich may be required in connection withwork in public rights-of-way.

(9) Temporary rearrangement of aerial wires

and cables. Upon request, a licensee shallremove or raise or lower its aerial net-work facilities temporarily to permit themoving of houses or other bulky struc-tures. The expense of such temporaryrearrangements shall be paid by the partyor parties requesting the same, excludingrequests by the city. The licensee mayrequire payment in advance. The licensee


CD34:21

shall be given a reasonable amount ofadvance notice to provide for such rear-rangement, but in no event shall suchnotice be required to exceed 30 days.

(10) Tree trimming. A licensee is authorized totrim trees upon and overhanging publicrights-of-way to the extent reasonably nec-essary to prevent the branches thereoffrom coming in contact with the licensee'snetwork facilities. At the option of thecity, a licensee may be required to conducttree trimming under the supervision anddirection of the city through the city offi-cial to whom such duty has been or maybe delegated.

(11) Term. The term of each license grantedpursuant to this article shall be as setforth in the license ordinance, but shallnot exceed ten years.

(Code 2002, § 4.1104; Ord. No. 558, 9-24-1999)

Sec. 34-123. Compensation; books and

records.

(a) Licensee fees for providers of wired telecom-

munications services. Licensees using public rights-of-way for the provision of wired telecommunica-tions services shall pay to the city a license feethat is calculated by applying a monthly chargefor each access line owned, placed, operated, con-trolled or maintained by the licensee during themonth to which the licensee fee applies, for use byan end-user or for another provider that uses thelicensee's services or network facilities for theprovision of telecommunications services withinthe city. With regard to persons leasing, resellingor otherwise using the licensee's access lines, ifthe licensee does not have sufficient informationto determine the appropriate access line type, andthus the appropriate fee rate to apply, then thehigher line fee shall apply until such time as theperson using the access lines provides to thelicensee sufficient written information to deter-mine the correct line fee. Notwithstanding theforegoing, a licensee shall not be liable for under-payment of license fees resulting from the licensee'sreliance upon the written information provided byany such person using licensee's service or facili-ties for the provision of telecommunications ser-vices to end-user customers. The license fee pay-

able to the city shall be the sum total of themonthly charges to be applied to access lines, on acalendar month basis, as follows: Monthly charge(per access line) as set by resolution or ordinanceof the city council from time to time and kept onfile in the office of the city secretary.

(1) Payment due dates; calculation report;

access lines. License fees shall be paidquarterly, with such payments due andpayable on or before the 45th day follow-ing the end of the calendar quarter forwhich such payments apply. With everyquarterly remittance, each licensee shallfile a written report showing the numberand type of access lines owned or placedand maintained by the licensee within thecity that are activated for end-user cus-tomers and other telecommunications pro-viders at month's end, for each of thethree calendar months to which such re-mittance applies. Such report shall specif-ically identify access lines owned, placed,operated, controlled or maintained by thelicensee that are leased and/or used bypersons who are not end-user customers.Such report shall show the number ofaccess lines by category, to the extentknown. The report shall be used solely forthe purpose of verifying the number of thelicensee's access lines serving premiseswithin the city.

(2) Exclusions for certain economically disad-

vantaged customers. Lines terminating atcustomers' premises that are billed as"Lifeline," "Tel-Assistance," or other ser-vices similarly discounted for the purposeof advancing universal service to the eco-nomically disadvantaged shall not be in-cluded in the count of access lines forwhich the license fee is calculated.

(3) Leased network facilities. Notwithstand-ing any other provision contained in thisarticle to the contrary, a licensee shall notbe required to include in its monthly countof, and shall not be required to remit alicense fee to the city based on access linesthat are resold, leased or otherwise pro-vided to another person if the other per-son has furnished the licensee with ade-


CD34:22

quate proof that the person will remitdirectly to the city a license fee based onthose leased access lines.

(b) License fees for providers of wireless tele-

communications services.

(1) Licensees using public rights-of-way forthe provision of wireless telecommunica-tions services shall pay to the city a li-cense fee that is calculated by applying amonthly charge calculated in accordancewith one of the following methods de-scribed in this subsection (b):

a. Per subscriber/customer method. Lic-ensees may elect to pay a license feethat is calculated by applying amonthly charge for each subscriber/customer within the city that usesthe licensee's services or networkfacilities for the provision of telecom-munications services. A monthlycharge shall be applied for each end-user subscriber/customer having abilling address within the city. Thelicense fee payable to the city shallbe the sum total of the monthlycharges to be applied to each sub-scriber/customer, on a calendar monthbasis, as follows: Monthly fee (persubscriber/customer) as set as set byresolution or ordinance of the citycouncil from time to time and kepton file in the office of the city secre-tary.

b. Gross revenue method. If the licensefee provided for in subsection (a) ofthis section would result in a feewhich exceeds four percent of theapplicable licensee's gross revenuesfrom subscribers/customers within thecity, such licensee may pay a licensefee which equals four percent of thegross revenues received by such lic-ensee from subscribers/customerswithin the city. For the purposeshereof, the term "gross revenues"shall mean the gross dollar amountsreceived by the licensee for wirelesstelecommunications services provided

to subscribers/customers with bill-ing addresses in the city, but exclud-ing:

1. The monthly charges collectedpursuant to this section;

2. Local, state or federal taxes col-lected by the licensee that havebeen billed to subscribers/cus-tomers and separately statedon bills therefor; and

3. Uncollectible revenues.

c. Facilities charge method. A licenseeproviding wireless telecommunica-tions services within the city whichdoes not occupy more than 500 lin-ear feet, 200 square feet or 100 cubicfeet of the public rights-of-way forthe location of its network facilitiesmay pay an annual license fee basedon the actual network facilities lo-cated within such public rights-of-way. Such license fees shall be calcu-lated in accordance with public right-of-way use fee schedules as may beadopted by the city council from timeto time and in effect at the time theapplicable license ordinance isadopted.

(2) Payment due dates; calculation report.

License fees shall be paid quarterly, withsuch payments due and payable on orbefore the 45th day following the end ofthe calendar quarter for which such pay-ments apply. With every quarterly remit-tance, each licensee shall file a writtenreport showing the number of subscriberswithin the city that are served by thelicensee, the gross revenues received bythe licensee or an inventory of networkfacilities in the city's public right-of-way,as applicable, for each of the three calen-dar months to which such remittance ap-plies. Such report shall specifically iden-tify any network facilities owned, operatedor maintained by the licensee that areleased and/or used by persons who are notend-users. Such report shall show thenumber of subscribers of such persons


CD34:23

leasing or using such facilities, if any, tothe extent known. The report shall beused solely for the purpose of verifyingthe license fee payable to the city asherein provided.

(3) Exclusions for certain economically disad-

vantaged customers. Subscribers that arebilled as "Lifeline," "Tel-Assistance" or forother services similarly discounted for thepurpose of advancing universal service tothe economically disadvantaged shall notbe included in the count of subscribers forwhich the license fee is calculated.

(4) Leased network facilities. Notwithstand-ing any other provision contained in thisarticle to the contrary, a licensee shall notbe required to include in its monthly countof subscribers, and shall not be requiredto remit a license fee to the city based onsubscribers that are served by networkfacilities resold, leased or otherwise pro-vided to another person for considerationif: (i) the other person is operating pursu-ant to a valid license under this article;and (ii) the other person has furnished thelicensee with adequate proof that the per-son intends to include its subscribers inits monthly count to the city, the personintends to remit to the city a license feebased on those subscribers and the cityhas approved the arrangement.

(c) License fees for providers not serving cus-

tomers within the city. Providers using networkfacilities within public rights-of-way but whichserve no customers within the city other thanitself shall pay an annual license fee based on thefacilities located within such public rights-of-way,which fees shall be commensurate with the feespaid by providers serving customers within thecity. Such license fees shall be calculated in accor-dance with public right-of-way use fee schedulesas may be adopted by the city council from time totime and in effect at the time the applicablelicense ordinance is adopted. This fee shall be dueon or before July 15 of every year during the termof the license, prorated as applicable. A reportshall be submitted with each annual payment

showing the calculation of the payment, includingnecessary descriptions of the network facilities,as applicable.

(d) Reporting requirements. The forms re-quired to be filed pursuant to subsections (a) (b)and (c) of this section shall be accompanied by awritten statement, executed by a duly authorizedofficer or representative of the licensee, certifyingthat the information contained in such report istrue and correct to the best of the officer orrepresentative's knowledge and belief, after dueinquiry. A copy of the completed forms and theaccompanying certified statements shall be filedwith the city secretary. Such forms shall be deemedconfidential to the extent permitted by law. Uponwritten request, licensees shall verify the infor-mation contained in such forms and upon reason-able advance notice all non-customer-specificrecords and other documents required for verifi-cation shall be subject to inspection by the city,expressly excluding any records, documents orother writings the disclosure of which is prohib-ited by state or federal law.

(e) Late payments; default. Payments receivedafter their due date shall incur interest at the rateof ten percent per annum, compounded daily.Notwithstanding the foregoing, failure of a lic-ensee to make a full payment within 30 daysfollowing the due date shall constitute an event ofdefault.

(f) Circumvention of license fees prohibited.Licensees shall not circumvent payment of licensefees by bartering, by transferring rights or byother means that result in undercounting thenumber of access lines or subscribers, as applica-ble, as required herein. Capacity or services maybe bartered if the imputed access lines, or sub-scribers are reported in accordance with thisarticle.

(g) Uncollectibles. A licensee shall not be obli-gated to pay the city for any access lines orsubscribers for which revenues remain uncollect-ible.

(h) No release. No acceptance by the city of anypayment by a licensee shall be construed as arelease of, or an accord or satisfaction of any claimthat the city might have for further or additional


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sums payable under the terms of this article or alicense ordinance, or for any other performance orobligation of the licensee.

(i) No other fees. License fees paid hereundershall be in lieu of any permit, license, approval,inspection or other similar fee or charge, includ-ing but not limited to all general business licensefees customarily assessed by the city for the use ofthe public rights-of-way against persons operat-ing businesses similar to that of licensees. Fur-ther, such license fees shall constitute full com-pensation to the city for all of a licensee's networkfacilities located within the public rights-of-way,including interoffice transport and other trans-mission media that do not terminate at an end-user customer's network interface device, eventhough those types of network facilities are notused in the calculation of a license fee.

(j) Records. Licensees shall retain and main-tain all records, accounts and financial and oper-ating reports necessary to establish compliancewith the terms of this article, for a period of notless than five years.(Code 2002, § 4.1105; Ord. No. 558, 9-24-1999)

Sec. 34-124. Indemnification and insurance.

(a) Indemnity. To the extent permitted by law,each licensee shall indemnify and hold the cityharmless as follows:

(1) The licensee shall promptly defend, indem-nify and hold the city harmless:

a. From and against all damages, costs,losses or expenses for the repair,replacement or restoration of city'sproperty, equipment, materials, struc-tures and facilities which are dam-aged, destroyed, or found to be defec-tive solely as a result of the licensee'sacts or omissions; and

b. From and against any and all claims,demands, suits, causes of action, andjudgments for:

1. Damage to or loss of the prop-erty of any person (includingbut not limited to the licensee,its agents, officers, employees,

and subcontractors, city, itsagents, officers and employeesand third parties); and/or

2. Death, bodily injury, illness, dis-ease, loss of services or loss ofincome or wages to any person(including but not limited tothe agents, officers and employ-ees of the licensee, licensee'ssubcontractors, city's officers,agents and employees and thirdparties);

arising out of, incident to, concern-ing or resulting from the negligentor willful acts or omissions of thelicensee, its agents, employees and/orsubcontractors, in the performanceof activities pursuant to this article.

(2) This indemnity provision is intended toinclude liability arising from the city'salleged negligence, but only to the extentsuch liability arises out of a claim orclaims that the city was negligent in grant-ing this license, in regulating the conductof the licensee under this license, or infailing to prevent the licensee from actingin a negligent or wrongful manner.

(3) The indemnity provision set forth aboveis:

a. Solely for the benefit of the city andthe licensee and is not intended tocreate or grant any rights, contrac-tual or otherwise, to any other per-son or entity;

b. To the extent permitted by law, anypayments made to or on behalf of thecity under the provisions of this sec-tion are subject to the rights grantedto licensees under sections 54.204—54.206 of the state utilities code; and

c. Subject to the continued applicabil-ity of the provisions of sections54.204—54.206 of the state utilitiescode, as set forth in subsection (a)(2)of this section, the provisions of theindemnity shall survive the expira-tion of this article.


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If the authority granted by this article isterminated or is not renewed, and thelicensee does not remove its network fa-cilities from the public rights-of-way, thelicensee shall continue to indemnify andhold harmless the city pursuant to thissection as long as its facilities are locatedin the public rights-of-way, and for suchpurpose, this section shall survive thelicense ordinance.

(b) Insurance. Licensees shall procure and main-tain during the term of their licenses, the follow-ing insurance coverage, and the respective poli-cies thereof shall cover all risks related to thelicensee's use and occupancy of the public rights-of-way and all other risks associated with theirlicense.

_________________________________________________________________________________________________

Coverage Limits of Liability

Workers' compensation Minimum statutory limits

Employer's liability Bodily injury by accident $1,000,000.00(each accident) Bodily injury by disease$1,000,000.00 (policy limit) Bodily injuryby disease $1,000,000.00 (each employee)

Commercial general liability: includingbroad form coverage, contractual liability,bodily and personal injury, and completedoperations

Combined single limits of $1,000,000.00per occurrence and $1,000,000.00 aggre-gate

Products and completed operations $1,000,000.00 aggregate

Automobile liability insurance for automo-biles used by the licensee in the course ofits performance under the license ordi-nance, including employer's non-owner-ship and hired auto coverage

$1,000,000.00 combined single limit peroccurrence

Excess coverage $1,000,000.00 per occurrence/combined ag-gregate in excess-of limits specified foremployer's liability, commercial generalliability, and automobile liability

Note—Aggregate limits are for a 12-month policy period, unless otherwise indicated.

_________________________________________________________________________________________________

(1) The city shall be named as an additionalinsured, by endorsement, on all applica-ble insurance policies;

(2) Applicable insurance policies shall eachbe endorsed with a waiver of subrogationin favor of the city;

(3) Insurers shall have a rating of B+ orbetter and a financial size of class VI or

better, according to the current year's bestrating. Each insurer shall be responsibleand reputable, must have financial capa-bility consistent with the risks coveredand shall be subject to approval by thecity council with regard to conformancewith these requirements, which approvalshall not be unreasonably withheld;


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(4) Deductible limits on insurance policiesand/or self-insured retention exceeding$50,000.00 shall require approval by thecity council;

(5) Certificates of insurance shall state thatthe city shall be notified a minimum of 30days prior to the insurers' action, in theevent of cancellation, nonrenewal or re-duction in policy limits, regarding anypolicy required hereby;

(6) Full limits of insurance required in thissection shall be available for claims aris-ing out of a licensee's applicable licenseordinance;

(7) Certificates of insurance shall be providedby a licensee to the city prior to theinstallation, construction or operation ofany network facilities within public rights-of-way; provided, however, any licenseelawfully operating network facilities withinpublic rights-of-way at the time of adop-tion of such licensee's applicable licenseordinance shall provide such certificatesof insurance within 30 days following theeffective date of such license ordinance.Any failure of the city to request suchdocumentation shall not be construed as awaiver of the insurance requirements spec-ified herein;

(8) The city shall be entitled, upon requestand without incurring expense, to reviewthe insurance policies or certified copiesthereof, including endorsements thereto,which relate to the insurance require-ments specified herein, and at its discre-tion to require proof of payment for policypremiums;

(9) The city shall not be responsible for pay-ing the cost of insurance coverage re-quired herein;

(10) Notice of any actual or potential claimand/or litigation that would affect insur-ance coverage required herein shall beprovided to the city in a timely manner. Inthe alternative, a policy may, by endorse-

ment, establish a policy aggregate to es-tablish compliance with the requirementsset forth herein;

(11) Each insurance policy required herein shallbe primary insurance to any other insur-ance available to the city with respect toany claims arising hereunder;

(12) A licensee shall either require its contrac-tors to maintain the same insurance cov-erage and limits thereof as specified herein,or such coverage on the licensee's contrac-tors shall be provided by the licensee; and

(13) A licensee may elect to self-insure to pro-vide the insurance coverage required here-under, subject to the restrictions set forthin this subsection (b); provided that thelicensee submits to the city copies of itscertificates of self-insurance from the statedepartment of insurance, and of its mostrecent audited financial statements, show-ing self-insurance reserves or other assetssufficient to pay judgments equal to thelimits set forth in this section. A licenseeshall also provide to the city documenta-tion evidencing its process for reviewingand paying claims. The city shall be pro-tected by a licensee's self-insurance to thesame extent as an additional insured on apolicy issued by an insurance company. Ifduring the term of a license granted here-under, a licensee's self-insurance programceases or a licensee's assets or reservesare no longer sufficient to comply with theabove coverage requirements, the licenseeshall immediately notify the city of suchlapse of coverage, and the licensee shallobtain commercial insurance in accor-dance with the above requirements within30 days following such notice.

(c) No right of recovery. Insurers shall have noright of recovery against the city, it being theintention hereby that the insurance policies re-quired herein shall protect licensees and the city,and shall be primary coverage for all losses cov-ered by such policies. Such policies shall providethat the issuing company waives all right ofrecovery by way of subrogation or assignmentagainst the city in connection with any damage


CD34:27

covered thereby. Companies issuing such policiesshall have no recourse against the city for pay-ment of any premiums or assessments, samebeing at the sole risk of the licensees.

(d) Lapse of coverage an event of default. Alicensee shall continuously and without interrup-tion maintain in full force and affect the requiredinsurance coverage and limits set forth in thissection. Failure to maintain such insurance shallconstitute an event of default and the city, at itsoption, may terminate any license granted pursu-ant hereto, in accordance with the provisions ofsection 34-125.(Code 2002, § 4.1106; Ord. No. 558, 9-24-1999)

Sec. 34-125. Default and termination.

(a) Events of default. The occurrence of any ofthe following shall constitute an event of defaultby a licensee:

(1) Failure of a licensee to comply with anymaterial term, condition or provision ofthis article or the license ordinance appli-cable to such licensee;

(2) Any intentional false statement or mis-representation as to a material fact by anapplicant;

(3) A licensee's loss of or failure to obtainlicenses, permits and certifications law-fully required by any statute, ordinance,rule or regulation of any regulatory bodyhaving jurisdiction over the licensee's op-erations and to pay all fees associatedtherewith;

(4) An act or omission of a licensee constitut-ing a knowing or intentional evasion ofpayment of any fee payable hereunder.

(b) Cure period. If a licensee continues to vio-late or fail to comply with a material term orprovision of this article for a period of 30 daysfollowing notification in writing by the city to curesuch specific alleged violation or failure to comply,then the city may follow the procedures set forthherein to declare that the licensee has terminatedall rights and privileges consented to pursuant tothis article and the licensee's license ordinance;provided, however, if a licensee is alleged to be inviolation of any material provision of this article

other than the payment of a fee due hereunder,and if the licensee commences efforts to cure suchalleged violation within 30 days following receiptof written notice thereof and shall thereafterprosecute such curative efforts with reasonablediligence until such curative efforts are com-pleted, then such alleged violation shall cease toexist and no further action shall be taken at thattime.(Code 2002, § 4.1107; Ord. No. 558, 9-24-1999)

Sec. 34-126. Transfer of authority.

(a) Prohibition. Any right, privilege and li-cense granted pursuant hereto may not be as-signed in whole or in part without the priorconsent of the city expressed by resolution orordinance, and then only under such conditions asmay therein be prescribed, except as otherwiseprovided in subsection (d) of this section. No suchconsent by the city shall be unreasonably with-held, conditioned or delayed. No assignment inlaw or otherwise shall be effective until the as-signee has filed with the city an instrument, dulyexecuted, reciting the fact of such assignment,accepting the terms hereof and of the licenseordinance, and agreeing to comply with all theprovisions thereof. A mortgage or other pledge ofassets in a bona fide lending transaction shall notbe considered an assignment of a license for thepurposes of this article.

(b) Process. Upon receipt of a request for con-sent to an assignment, the city shall diligentlyinvestigate the request in a timely manner andplace the request on the city council agenda at theearliest practicable time. The city council shallproceed to act on the request within a reasonableperiod of time.

(c) Scope of review. In reviewing a request forassignment, the city may to the extent permittedby law, inquire into the legal, technical and finan-cial qualifications of the prospective assignee, andthe licensee shall assist the city in so inquiring.The city may condition such assignment uponsuch terms and conditions as it deems reasonablynecessary, provided its approval and any suchterms and conditions so attached shall be related


CD34:28

to the legal, technical and financial qualificationsof the prospective assignee, as well as the licensee'scompliance with the terms hereof.

(d) Assignments not requiring approval. Not-withstanding any other provision contained inthis article to the contrary, the prior approval ofthe city shall not be required for any transfer ofownership or control of a provider's business,except that the provider shall maintain with thecity a current point of contact information; pro-vided, however, no such assignment shall be ef-fective until the licensee shall have given writtennotice thereof to the city.

(e) Release. Upon receiving the city's consentto an assignment or, in the event of an assign-ment qualifying under subsection (d) of this sec-tion, upon giving notice under subsection (d) ofthis section, a licensee shall be relieved of allconditions, obligations and liabilities arising orwhich might arise hereunder that are assumed bythe assignee.(Code 2002, § 4.1108; Ord. No. 558, 9-24-1999)

Sec. 34-127. Miscellaneous provisions.

(a) Work by others, construction by abutting

owners and alterations to conform with public

improvements.

(1) The city reserves the right to lay andpermit to be laid sewer, gas, water andother pipe lines or cables and conduits,and to do and permit to be done anyunderground and overhead work, and anyattachment, restructuring or changes inaerial facilities that may be deemed nec-essary or proper by the city in, across,along, over or under any public right-of-way occupied by providers, and to changeany curb or sidewalk or the grade of anystreet. In permitting such work to bedone, the city shall not be liable to provid-ers for any damages not directly causedby the misconduct or gross negligence ofthe city; provided, however, nothing con-tained herein shall relieve any other per-son or entity, including any contractor,subcontractor or agent from liability fordamage to a licensee's facilities.

(2) If, during a license term, the city autho-rizes abutting landowners to occupy spaceover, under or across the surface of anypublic right-of-way, such grant to an abut-ting landowner shall be subject to therights herein granted to a licensee. In theevent that the city shall close or abandonany public right-of-way which containsany portion of a licensee's network facili-ties, any conveyance of land contained insuch closed or abandoned public right-of-way shall be subject to the rights of alicensee hereunder and under the licensee'slicense ordinance.

(3) Providers shall be liable for the acts oromissions of any person used by suchproviders when such person is involveddirectly or indirectly in the constructionand installation of such providers' net-work facilities to the same extent as if theacts or omissions of such person were theacts or omissions of the provider.

(b) Annexation and disannexation. Within 30days following the date of passage of any actioneffecting the annexation of any property to, or thedisannexation of any property from the city'scorporate boundaries, the city shall furnish licens-ees written notice of the action and an accuratemap of the city's corporate boundaries showing, ifavailable, street names and number details. Forthe purpose of compensating the city under thisarticle, a licensee shall start including or exclud-ing access lines or subscribers as applicable, withinthe affected area in the licensee's count of accesslines or subscribers as applicable, on the effectivedate designated by the comptroller of public ac-counts of the state for the imposition of state localsales and use taxes, but in no case less than 30days following the date the licensee is notified bythe city of the annexation or disannexation.

(c) Confidential records. Upon the notificationby a licensee to the city of the confidential natureof any information, report, document or writing,the city shall maintain the confidentiality of suchinformation, report, document or writing to theextent permitted by law. Upon receipt by the cityof requests for the licensee's confidential informa-tion, report, document or writing, the city shallnotify the licensee of the request in writing.


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Unless otherwise approved in writing by theapplicable licensee, the city shall request an at-torney general's opinion before disclosing anyconfidential information, report, document or writ-ing, and will furnish the licensee with copies ofsuch requests.

(d) Abandonment of public rights-of-way. If thecity conveys, closes, abandons or releases its in-terest in or authority over any public right-of-waycontaining network facilities installed or operatedpursuant to a license ordinance, any such convey-ance, closure, abandonment or release shall besubject to the rights of the licensee under thelicense ordinance.

(e) Right to audit. The city reserves the rightto inspect a provider's business records to theextent necessary to ensure compliance with theaccess line and/or subscriber reporting require-ments of this article. Any such review shall becommenced within 90 days following the filing ofa certified report of access lines and/or subscrib-ers. If any such inspection discovers an underpay-ment due to the city that exceeds five percent ofthe total amount paid for any quarterly reportingperiod, then the licensee shall promptly reim-burse the city for the actual and reasonable cost ofsuch audit. The provider shall also pay the city allactual amounts of the underpayments as deter-mined by the audit, plus interest as hereinaboveprovided.

(f) Force majeure. Other than for the failure topay amounts due and payable under this article, alicensee shall not be in default or be subject tosanction under any provision of this article whenits performance is prevented by force majeure.Force majeure shall mean an event caused bystrike or other labor problem, embargo, epidemic,act of God, fire, flood, adverse weather conditionsor other major environmental disturbance, act ofmilitary authority, or war or civil disorder; pro-vided that such causes are beyond the reasonablecontrol and without the willful act, fault, failureor negligence of the licensee. Performance is notexcused under this article following the end of theapplicable event of force majeure.

(g) Controlling law. This article and any li-cense issued hereunder shall be governed by thelaws of the state and the United States, andvenue for any action hereunder shall be in thecounty.

(h) Effective date of license. Any license grantedhereunder shall be effective upon the adoption ofthe applicable license ordinance and the filing ofnecessary certificates of insurance as otherwiserequired herein.(Code 2002, § 4.1109; Ord. No. 558, 9-24-1999)


ARTICLE V. DRAINAGE CULVERTS

Sec. 34-153. Drainage channel dimensions.

(a) Required flow cross section area will be setby the city engineer in no case to be less than 1.75square feet cross sectional area.

(b) Required flow area may be obtained:

(1) By the use of one or more parallel roundculvert pipes meeting the area require-ment set forth in subsection (a) of thissection, but no pipe will be acceptablewhich has an inside diameter of less than12 inches;

(2) By the use of a bridge with span andfooting approved by the city engineer, butin no case may the lowest point of thebridge structure be less than eight inchesabove the invert of the ditch;

(3) By a dip in the driveway, but only if theinvert is less than nine inches below thestreet edge; or

(4) By any other method which receives theapproval of the city engineer.

(c) For approval any such construction mustbe set based on the invert established by the cityengineer.

(d) Culvert size, inverts and installations madeon Voss Road and Memorial Drive when per-formed by the county maintenance departmentwill be approved by the city engineer.(Code 2002, § 3.901; Ord. No. 34, § 1, 3-5-1956)


(a) Application for the establishment of theditch invert and required flow area must be madewith application for a building permit.


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(b) The fee for establishing the invert and finalinspection of the work is on file in the office of thecity secretary.(Code 2002, § 3.902; Ord. No. 34, § II, 3-5-1956;Ord. No. 608, 12-17-2002)

Sec. 34-155. Approval.

(a) The installation will be inspected and actedupon within ten days after notice of completion ofthe work is given to the city engineer and if notrejected within that time will be automaticallyapproved.

(b) The city building inspector is hereby di-rected to refuse a certificate of occupancy for anybuilding if the provisions of this article have notbeen complied with and received the approval ofthe city engineer.(Code 2002, § 3.903; Ord. No. 34, § III, 3-5-1956)


ARTICLE VI. NEWSPAPER VENDINGMACHINES


The following words, terms and phrases, whenused in this article, shall have the meaningsascribed to them in this section, except where thecontext clearly indicates a different meaning.

Newspaper vending machine means a rack,holder or mechanical device used for the exhibi-tion, display and sale of newspapers without avendor being present at the time of sale.(Code 2002, § 4.801; Ord. No. 449, § 3, 9-13-1989)

Sec. 34-180. Prohibited locations.

It shall be unlawful for any person to install,construct, locate or place a newspaper vendingmachine in any of the following locations:

(1) Upon or within eight feet of the pavedportion of any public street used or in-tended for use by vehicular traffic.

(2) Upon or within two feet of the paved orpadded portion of any public sidewalk orpublic hike-and-bike path.

(3) Upon any public street right-of-way withinwhich the paved portion of the publicstreet used or intended for use by vehicu-lar traffic is 36 feet or less in width(excluding curbs) unless:

a. Designated parking places are lo-cated along the curbline of such streetadjacent to the location of the news-paper vending machine; or

b. Where parking available for use bythe general public is located adja-cent to or within 50 feet of the news-paper vending machine on the sameside of the public street as the news-paper vending machine.

(Code 2002, § 4.802; Ord. No. 449, § 4, 9-13-1989)

Sec. 34-181. Prohibited attachments.

It shall be unlawful for any person to attach bychain, bracket or other means, a newspaper vend-ing machine to any public utility pole or standardor to any pole or standard supporting or being apart of any traffic control sign or device.(Code 2002, § 4.803; Ord. No. 449, § 5, 9-13-1989)

Sec. 34-182. Identification.

Each newspaper vending machine installed,constructed, located or placed within the cityshall have the name, address and telephone num-ber of the owner thereof displayed on the rear ofsuch machine with the lettering not less thanone-fourth inch in height. In lieu of display of thename, address and phone number on the rear ofsuch machine, the owner thereof may file suchinformation with the city secretary along with adescription of the location of the machine.(Code 2002, § 4.804; Ord. No. 449, § 6, 9-13-1989)

Sec. 34-183. Penalty for violations.

In addition to any penalty, any newspapervending machine installed, constructed, locatedor placed in a location prohibited by this articleshall be removed by the city's director of publicworks if it is determined by such director thatsuch newspaper vending machine interferes withvehicular traffic, causes congestion upon a side-walk or otherwise constitutes a hazard to vehic-ular or pedestrian traffic upon a public street or


CD34:31Supp. No. 6

public sidewalk. Upon such removal, the directorof public works shall cause notice thereof to begiven to the owner of such newspaper vendingmachine as soon thereafter as is practical.(Code 2002, § 4.805; Ord. No. 449, § 8, 9-13-1989)


ARTICLE VII. INTERSECTIONVISIBILITY


The purpose of this article is to promote trafficsafety by providing for clear sight lines for vehicleoperators approaching street intersection withinthe city.(Ord. No. 767, § 1, 1-25-2011)

Sec. 34-191. Visibility triangle defined.

As used in this article, the term "visibilitytriangle" means, for each corner of an intersec-tion, a triangular horizontal area determined asfollows. The two sides of the triangle shall beformed by extending straight lines from the near-est point at which the paved area of the twostreets intersect to a point on the edge of each ofthe intersecting streets that is 25 feet from thepoint of beginning, if the street is a local street,and 45 feet from the point of beginning, if thestreet is a major thoroughfare. The base of thetriangle shall be formed by extending a straightline to connect the two points forming the openend of the triangle.(Ord. No. 767, § 1, 1-25-2011)

Sec. 34-192. Visibility window defined.

As used in this article, the term "visibilitywindow" means the vertical space, within a visi-bility triangle, that is between 30 inches and 84inches from the surface.(Ord. No. 767, § 1, 1-25-2011)

Sec. 34-193. Obstruction of visibility prohib-ited.

It shall be unlawful for any person to place,construct, or maintain any structure, vegetation,or other item within a visibility window.(Ord. No. 767, § 1, 1-25-2011)


CD34:32Supp. No. 6

Chapter 35

RESERVED

CD35:1

Chapter 36

SUBDIVISIONS AND DIVISIONS OF LAND*


Sec. 36-1. Streets and roads, generally.Sec. 36-2. Private streets.Secs. 36-3—36-20. Reserved.

Article II. Subdivision Regulations

Sec. 36-21. Purpose.Sec. 36-22. Definitions.Sec. 36-23. Special provisions.Sec. 36-24. Preliminary plat and accompanying data.Sec. 36-25. Final plat.Sec. 36-26. Additional notice and hearing requirements for certain replats.Sec. 36-27. Fees.Sec. 36-28. Standards and specifications.Sec. 36-29. Responsibilities of the subdivider.Sec. 36-30. Requirements for permit issuance.Sec. 36-31. Liability of city to furnish improvements.Sec. 36-32. Recording of approved plat required.

*State law reference—Regulation of subdivision and property development, V.T.C.A., Local Government Code ch. 212.

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Sec. 36-1. Streets and roads, generally.

(a) Every tract or lot created by a division ofland must abut a public or private road or streetthat provides adequate access to the tract or lotfor emergency vehicles.

(b) Except for private streets and roads ap-proved as provided below, no street or road shallbe permitted or authorized which has an ease-ment or right-of-way of less than 40 feet in width,or which has a hard roadway surface of less than28 feet, including curbs and gutters, or whichdoes not have curbs, or which does not havegutters or which does not have storm sewers,except when in the opinion of the city engineerstorm sewers are unnecessary for adequate drain-age; and provided further that no street or roadshall be permitted or authorized when the road-way is not centered in the right-of-way or ease-ment.

(c) Before any division of land shall be ap-proved by the planning and zoning commission, itshall first ascertain that the roads or streetsprovided for thereon allow adequate access tosewers, water lines, public utilities and fire equip-ment.

(d) No separate lot or tract created by a divi-sion of land under this article shall be sold ortransferred until all of the roads or streets in-cluded on the approved subdivision plat are com-pleted and approved by the city engineer.

(e) No division of land shall be approved by theplanning and zoning commission until it is deter-mined by the city engineer that drainage for suchproposed division of land is adequate.

(f) The term "division" is here used in itsbroadest sense, encompassing every instance inwhich a tract is reduced in size in any way, andincludes but is not limited to subdivisions.(Code 2002, § 10.100; Ord. No. 102, 9-14-1959;Ord. No. 145, 7-10-1961; Ord. No. 765, § 1, 1-25-2011)

Sec. 36-2. Private streets.

(a) A subdivision plat may include privatestreets if the applicant demonstrates to the ap-proving authority that:

(1) The proposed private streets, and anyassociated facilities, will provide ade-quate access for emergency vehicles;

(2) Adequate provisions will be made to as-sure that the streets and any associatedfacilities necessary for emergency vehicleaccess will be maintained in good workingorder; and

(3) The proposed private streets will not bedetrimental to public health and welfare.

(b) The area of a lot that is burdened by aprivate street access easement shall not be in-cluded in calculating whether the lot meets theminimum lot size requirement and, all measure-ments for applying any minimum yard or setbackrequirements shall be made from the closest edgeof the private street access easement.

(c) A subdivision plat that includes privatestreets must include a regulatory access ease-ment granting to the federal, state, and localgovernment the right to use the private streets forany lawful governmental regulatory function, in-cluding without limitation, the provision of fireand police protection, building regulation andinspection, and enforcement of laws and regula-tions.

(d) A subdivision plat that includes privatestreets must be approved by both the planningand zoning commission and the city council.(Ord. No. 765, § 1, 1-25-2011)


ARTICLE II. SUBDIVISIONREGULATIONS


The purpose of this article is to provide for theorderly, safe, and healthful development withinthe city and to promote the health, safety, moralsand general welfare of the community.(Code 2002, § 10.200(1); Ord. No. 349, § 1, 8-19-1980)

§ 36-21SUBDIVISIONS AND DIVISIONS OF LAND

CD36:3Supp. No. 6


The following words, terms and phrases, whenused in this chapter, shall have the meaningsascribed to them in this section, except where thecontext clearly indicates a different meaning:

Final plat means the map, drawing or chart onwhich a subdivider's plan of subdivision is pre-sented in final recordable form as approved by theplanning and zoning commission.

Flag or key shaped lot means a lot having grossdisparities in width between size lot lines, some-times resembling a flag on a flag pole, a key orsome other lot shape of comparable irregularity.

Natural channel means a discernible naturalwater drainage channel of discrete width as op-posed to general puddling over a substantiallyuniform surface.

Preliminary plat means the map, drawing orchart on which a subdivider's plan of subdivisionis initially presented to the planning and zoningcommission.

Subdivider or developer means a person orcorporation who proposes to subdivide a tract ofland within the corporate limits of the city.

Subdivision means a division of any tract ofland situated within the corporate limits of thecity, in two or more parts for the purpose of layingout any subdivision of any tract of land, or forlaying out suburban lots or building lots, or anylots, and which may or may not include streets,alleys or other portions intended for public use orthe use by purchasers or owners of lots frontingthereon or adjacent thereto. The term "subdivi-sion" includes resubdivision.

Definitions not expressly prescribed herein are tobe construed in accordance with customary usagein municipal planning and engineering practicesor as set out in the zoning chapter of the city.(Code 2002, § 10.200(2); Ord. No. 349, § 2, 8-19-1980; Ord. No. 448, § 2, 9-13-1989)

Sec. 36-23. Special provisions.

(a) No building, repair, plumbing or electricalpermit shall be issued by the city for any struc-ture on a lot after the effective date of the ordi-

nance from which this article is derived, unless afinal plat has been approved pursuant to theprovisions hereof and filed for record, and theprovisions of section 36-29 have been compliedwith in full.

(b) It is specifically provided, however, theprovisions of this chapter shall not be construedto prohibit the issuance of permits for any lotupon which a residence building exists and was inexistence prior to passage of the ordinance fromwhich this chapter is derived, the last recordedconveyance of which prior to passage of the ordi-nance from which this chapter is derived was bymetes and bounds or for any lot in a subdivision,validly recorded in accordance with applicablelaw prior to the passage of the ordinance fromwhich this chapter is derived or for any lot in anunrecorded subdivision which was owned as aseparate parcel prior to March 25, 1955, the dateof adoption of the city's first zoning ordinance.(Code 2002, § 10.200(3); Ord. No. 349, § 3 8-19-1980)

Sec. 36-24. Preliminary plat and accompa-nying data.

(a) Preliminary conference. Prior to the officialfiling of a preliminary plat, the subdivider, hisplanner, or other appropriate representative shouldconsult with city staff for comments and advice onthe procedures, specifications, and standards re-quired by the city as conditions for subdivisionplat approval. If requested in writing, the plan-ning and zoning commission of the city (hereinaf-ter referred to as the commission) will place, fordiscussion purposes only, an item on its agendaregarding the proposed subdivision in order toassist a subdivider on matters affecting suchproposed subdivision.

(b) Applications. There shall be filed with thecity secretary at least 30 days prior to the nextregular meeting of the commission, not less thanten legible prints of the preliminary plat, togetherwith the following:

(1) A written application for preliminary ap-proval of such plat signed by the subdi-vider (accompanied by a letter signed bythe owner or owners of the lands affectedby the preliminary plat, if other than the


CD36:4Supp. No. 6

subdivider) stating that such owner orowners request approval of such plat; and

(2) A statement from either an attorney orfrom a title company stating that uponthe basis of a certificate of title issued bya title company or a land abstract com-pany doing business in the county, withrespect to those instruments of recordrelating to the lands affected by the pre-liminary plat, the application referred toin subsection (b)(1) of this section hasbeen executed or joined in, as the casemay be, by the one or more persons, firmsor corporations which appear to be theapparent current owner or owners of re-cord of the lands affected by the prelimi-nary plat. Such statement shall be basedupon a certificate dated as of a date notearlier than 30 days preceding the date offiling of the preliminary plat.

(c) Presentment of application. The applicationfor preliminary plat approval filed with the citysecretary pursuant to subsection (b) of this sec-tion shall be submitted by the subdivider at anofficial meeting of the commission.

(d) Form and content. The plat shall show thefollowing:

(1) Name and address of the subdivider andrecord owner of the parcel to be subdi-vided.

(2) Proposed name of the subdivision, whichshall not have the same spelling as or bepronounced similar to the name of anyother subdivision located within the county.


CD36:4.1Supp. No. 6

(3) Description by metes and bounds of thesubdivision.

(4) Subdivision boundary lines indicated byheavy lines, lot lines and the computedacreage of the subdivision and each lot insuch subdivision.

(5) Date of preparation, scale of plat andnorth arrow.

(6) A number or letter to identify each lot orsite.

(7) Front building setback lines on all lotsand sites; side yard building setback lineson corner lots, if applicable.

(8) Proposed easements for drainage, publicutility easements and streets, both publicand private.

(e) Processing of preliminary plat.

(1) The commission shall check the prelimi-nary plat as to its conformity with themaster plan, major street plan, land useplan, zoning districts, zoning chapter andthis chapter.

(2) Within 30 days after the preliminary platis formally filed, the commission shallapprove or disapprove such plat or condi-tionally approve it with modifications. Uponrequest of an owner of an affected tract,the commission shall certify the reasonsfor the action taken on an application.

(3) Conditional approval of a preliminary platby the commission shall be deemed anexpression of approval of the layout sub-mitted on the preliminary plat as a guideto the approval of the layout of streets,water, sewer and other required improve-ments and utilities and to the preparationof the final or record plat.

(4) Conditional approval of preliminary platshall be effective for six months unlessreviewed by the commission in the light ofnew or significant information which wouldnecessitate a revision of the preliminaryplat. If, prior to approval of the final plat,the commission determines that changesare necessary in such preliminary plat, itshall inform the subdivider in writing of

the necessary changes in such prelimi-nary plat to bring it into conformity withthis article.

(5) Conditional approval of a preliminary platshall not constitute automatic approval ofthe final plat.

(Code 2002, § 10.200(4); Ord. No. 349, § 4, 8-19-1980; Ord. No. 447, § 1, 9-13-1989; Ord. No. 663,§§ 1—3, 3-21-2006)

Sec. 36-25. Final plat.

(a) Form and content.

(1) The final plat and accompanying datashall conform to the preliminary plat andother required data as conditionally ap-proved by the commission, incorporatingany and all changes, modifications, alter-ations, corrections and conditions as setout in the letter of preliminary approvalfrom the commission and must show ease-ments for all utilities and drainage.

(2) The plat shall be drawn at a scale asapproved by the planning commission.

(3) Final plat applications shall be filed withthe city secretary at least 30 days prior tothe next regular meeting of the commis-sion along with not less than ten legibleprints of the final plat. The final plat shallcontain all of the features required forpreliminary plats.

(4) In addition to the above-stated require-ments for the preliminary plat, the finalplat together with a full set of engineeringdrawings and specifications shall providethe following information:

a. The exact location, dimensions, nameand description of all streets, alleys,reservations, easements or otherrights-of-way within the subdivi-sion, intersecting or contiguous withits boundary or forming such bound-ary with accurate dimensions, bear-ing or deflecting angles and radii,area and central angle, degree ofcurvature, tangent distance andlength of all curves where appropri-ate.


CD36:5

b. The exact location, dimension, nameand description of all proposed pub-lic and private streets, alleys, drain-age structures, parks, other publicareas, reservations, easements orother rights-of-way, blocks, lots andother sites within the subdivisionwith accurate dimensions, bearingor deflecting angles with radii, areaand central angles, degree of curva-ture, tangent distance and length ofall curves where appropriate.

c. The designated street address foreach lot.

d. Names of contiguous subdivisions andindicate unsubdivided land and anindication of whether or not contig-uous properties are platted.

e. Primary control points or descrip-tions, and ties to such control pointsto which all dimensions, angles, bear-ings and block numbers and similardata shall be referred.

f. The location, dimensions, descrip-tion and flow line of existing water-courses and drainage structureswithin the subdivision or on contig-uous tracts.

g. Topographic information which shallinclude contours at such intervals asare satisfactory to the city engineer.

h. A key map showing the location ofthe tract in the city.

(5) When filed with the planning and zoningcommission, the final plat shall be accom-panied by drawings showing the followingsite improvement data:

a. Streets, alleys, sidewalks, hike andbike paths, cross walkways and mon-uments together with two copies ofplans and profiles of all streets, al-leys, sidewalks, hike and bike paths,cross walkways and monuments.

b. Sanitary sewers. Two copies of theproposed plat, showing the proposedlocations and dimensions of sanitarysewer lines shall be provided to-

gether with two copies of plans andprofiles of proposed sanitary sewerlines, indicating depths and gradesof lines.

c. Water lines. Two copies of the pro-posed plat showing contours and thelocation and the size of water linesand fire hydrants shall be provided,together with two copies of plansand profiles of all proposed waterlines and fire hydrants, showing size,depths and grades of the lines.

d. Storm drainage. Two copies of theproposed plat, indicating one footcontours shall be furnished. All streetwidths and grades and all drainageeasements shall be indicated on theplat, runoff figures (based on a pre-cipitation rate of one inch per hour)shall be indicated on the outlet andinlet side of all drainage ditches andstorm sewers, and all points in thestreets at changes of grade or wherethe water enters another street orstorm sewer or drainage ditch to-gether with calculations showing theanticipated stormwater flow fromsuch subdivision.

(6) All plans and engineering calculationsshall bear the seal and signature of aregistered professional engineer.

(7) The final plat shall also include the fol-lowing:

a. A dedication, unless an exception tothis requirement is granted by reso-lution of the city council, to the city,for the use of the persons living in itsboundaries forever of all streets, al-leys, easements, culverts and bridgesand other public ways delineated onsuch plat, which shall be the same asthose shown on the preliminary plat,signed and acknowledged before anotary public by the owner andlienholder, if any, of the land and acomplete and accurate description ofthe land subdivided. (Dedication andacknowledgment to be in current form


CD36:6

as required by the county clerk forrecording in the map records of thecounty.) Private streets, as approvedby city council, shall be indicated onthe recorded plat giving the resolu-tion number so allowing or approv-ing.

b. A statement prepared for the signa-ture of the chairman and the secre-tary of the planning and zoning com-mission stating that the final plathas been approved by such commis-sion.

c. The certification of the surveyor re-sponsible for surveying the subdivi-sion area, attesting to its accuracy.

d. A certification by the engineer re-sponsible for the preparation of thefinal plat and supporting data, at-testing to its accuracy.

(8) The developer shall obtain a letter fromeach public and private utility statingthat utility easements are adequate toaccommodate all public and private utili-ties, which shall accompany the proposedfinal plat.

(b) Processing of final plat.

(1) As soon as practical after the subdivideris notified of the approval of the prelimi-nary plat, he or his engineer shall submitto the commission the final plat of thesubdivision or portion thereof to be con-sidered at an official meeting of suchcommission.

(2) No final plat will be considered unless apreliminary plat has been submitted andconditionally approved.

(3) A final plat of an approved preliminaryplat or a portion thereof shall be submit-ted to the commission within six monthsof the date of approval of the preliminaryplat, otherwise the preliminary plat ap-proval of the commission shall becomenull and void unless an extension of timeis applied for and granted by the commis-sion.

(4) Within 30 days after the final plat isformally filed, the commission shall ap-prove or disapprove such plat or condition-ally approve it with modifications. Uponrequest of an owner of an affected tract,the commission shall certify the reasonsfor the action taken on an application.

(c) Title report. A current title report, state-ment or opinion, title policy or certificate or letterfrom a title company authorized to do business inthe state or an attorney licensed as such in thestate must be provided, certifying that within 30days prior to the time the final plat is furnished tothe commission for recording, a search of theappropriate records was performed covering theland proposed to be platted and providing thefollowing information concerning the title to suchland:

(1) The date of the examination of the re-cords;

(2) A legal description of the property lyingwithin the proposed subdivision includinga metes and bounds description of theboundaries of such land;

(3) The name of the record owner of feesimple title as of the date of the examina-tion of the records, together with therecording information of the instrumentswhereby such owner acquired fee simpletitle;

(4) The names of all lienholders together withthe recording information and date of theinstruments by which such lienholdersacquired their interests;

(5) A description of the type and boundariesof all easements and fee strips not ownedby the subdivider of the property in ques-tion together with the recording informa-tion and date of the instruments wherebythe owner of such easements or fee stripsacquired their title; and

(6) Certification stating that all current city,county, school, special district or othergovernmental entity taxes due and pay-able have been paid or a tax certificatefrom the city, county, schools, special dis-trict or other governmental entity in which


CD36:7Supp. No. 6

the land being platted is located showingno delinquent taxes are due on the prop-erty being platted.

(Code 2002, § 10.200(5); Ord. No. 349, § 5, 8-19-1980; Ord. No. 447, § 2, 9-13-1989; Ord. No. 663,§§ 4, 5, 3-21-2006)

Sec. 36-26. Additional notice and hearing re-quirements for certain replats.

If a public hearing is required to be held byV.T.C.A., Local Government Code ch. 212 on areplat, unless otherwise required by V.T.C.A.,Local Government Code ch. 212, only one publichearing shall be held and it shall be held at thetime the preliminary plat of the replat is submit-ted to the commission for approval. Notice of suchpublic hearing shall be given in the mannerrequired by such V.T.C.A., Local Government Codech. 212.(Code 2002, § 5.1; Ord. No. 663, § 6, 3-21-2006)

Sec. 36-27. Fees.

An application for preliminary or final platapproval shall be accompanied by a nonrefund-able application fee in the amount as set byresolution or ordinance of the city council fromtime to time and kept on file in the office of thecity secretary.(Code 2002, § 10.200(6); Ord. No. 649, § 1, 9-20-2005)

Sec. 36-28. Standards and specifications.

(a) Streets.

(1) Layout. In any subdivision, the subdi-vider shall provide streets in conformitywith the requirements of this chapter andany other ordinance of the city. Adequatestreets shall be provided by the subdi-vider and the arrangement, character, ex-tent, width, grade and location of eachshall conform to the comprehensive planof the city and shall be considered inrelation to existing and planned streets,topographical conditions, public safety andconvenience, and in its appropriate rela-tionship to the proposed uses of land to beserved by such streets. A street layout

shall be devised for the most advanta-geous development of the entire neighbor-hood.

(2) Relation to adjoining street system. Wherenecessary, as may be determined by thecommission, existing or proposed streetsin areas adjoining the proposed subdivi-sion shall be continued.

(3) Lots situated along Memorial Drive, Voss

Road or Bingle Road. The commissionshall permit a subdivision containing lotswith a rear lot line along Memorial Drive,Voss Road or Bingle Road; provided thatthe back yards of such lots shall be atleast 25 feet deep and a wall seven feethigh shall be required along the rear orside lot line where the rear or side lot lineis contiguous to Voss Road, Memorial Driveor Bingle Road, such wall to be completedprior to construction of any residence onsuch lot. The wall shall be constructed ofbrick or stone as specified by such devel-oper with common construction materialfor all lots, and such requirement shallbecome a condition precedent to otherconstruction on such lot or lots.

(4) Minimum street frontage. Each lot in anew subdivision shall have direct front-age of at least 70 feet on a new or existingdedicated street or private street if ap-proved by the city council, meeting therequirements of this chapter; provided,however, that any lot of which all or a partof the frontage is on the arc of a turn circlewhich is part of a street, shall be deemedto meet the requirements of this subsec-tion (a)(4), if such frontage is 40 feet ormore.

(5) Additional requirements for turn circles.Each lot fronting on a turn circle shall beplatted to have straight lines as thatportion of the side lot line located betweenthe front building line and the streetright-of-way line unless an exception tothis requirement is approved by the com-mission.


CD36:8Supp. No. 6

(6) Rights-of-way and pavement widths. Thefollowing requirements shall be met.

(i) Street rights-of-way shall be a min-imum of 40 feet in width.

(ii) Turn circles shall have a minimumradius measured from the center tothe lot lines of not less than 35 feet.

(iii) Pavement widths for public streetsshall be a minimum of 28 feet onstraight streets and for private streetsshall be a minimum of 24 feet onstraight streets.

(iv) Pavement for public and privatestreets must comply with standardsapproved by the city council.

(7) Signs. Street signs shall be installed bythe subdivider at all intersections withinor abutting the subdivision. Such signsshall be of a type approved by the city andshall be installed in accordance with stan-dards of the Manual for Uniform TrafficControl Devices, adopted and approved bythe state department of public safety.

(8) Flag or key-shaped lots. Flag or key shapedlots are prohibited.

(b) Water supply and distribution. All subdivi-sions shall be provided with approved water sup-ply, water distribution systems and fire hydrantsmeeting the requirements of the water authorityserving the subdivision.

(c) Sewers. All subdivisions shall be providedwith an approved sewage system meeting therequirements of the water authority serving thesubdivision.

(d) Monuments. Concrete, or approved equalmonuments, six inches in diameter and 24 incheslong, shall be placed at all major corners ofboundary lines, curve points, angle points andblock corners unless otherwise approved in writ-ing by the city engineer. A copper pin, or approvedequal one-fourth inch in diameter embedded atleast three inches in the monument shall be putin the monument at the exact intersection point.Any such monument shall be set at such anelevation that it will not be disturbed duringconstruction and the top of the monument shall

be approximately flush with the natural groundafter contemplated improvements are completed.

(e) Drainage.

(1) Easement. Where a subdivision is tra-versed by a watercourse, drainageway,natural channel or stream, there shall beprovided an easement or right-of-way con-forming substantially to the limit of suchwatercourse, plus additional width to ac-commodate projected future runoff as de-termined by the commission.

(2) Drainage facilities. Drainage facilities shallbe installed sufficient to drain all lots inthe subdivision and the sufficiency of suchfacilities shall be approved by the commis-sion.

(f) Hike and bike trails. Easements for hikeand bike trails and construction thereof will beprovided as required by the commission in accor-dance with the hike and bike master plan asapproved by the city council.(Code 2002, § 10.200(7); Ord. No. 349, § 7, 8-19-1980; Ord. No. 448, § 3, 9-13-1989; Ord. No. 765,§ 2, 1-25-2011)

Sec. 36-29. Responsibilities of the subdi-vider.

The subdivider, at his expense, shall constructall streets, alleys, culverts and bridges, drainagefacilities, water lines, sewer lines and hike andbike paths within the subdivided property all inaccordance with the specifications as approved bythe city, and upon the acceptance by the city, thesame shall become the property of the city orother governmental body having control thereofunless otherwise provided herein. Before startingclearing or any construction within a proposedsubdivision or a platted subdivision, the devel-oper must obtain a subdivision construction per-mit from the city building official. The city build-ing official shall not issue a subdivision constructionpermit until a final plat is approved by thecommission and recorded in the map records ofthe county.(Code 2002, § 10.200(8); Ord. No. 349, § 8, 8-19-1980)


CD36:9Supp. No. 6

Sec. 36-30. Requirements for permit issu-ance.

When the subdivision is completed and a sat-isfactory report has been received by the cityengineer from the developer's engineer statingthat all work has been completed in accordancewith the approved plat, plans and specifications,and the water and sewer facilities have beenapproved by the water authority and the cityengineer has made a satisfactory final inspectionascertaining that all work, cleanup and require-ments of the commission has been completed, thecity engineer will, by letter, authorize the citybuilding inspector to issue permits for buildingsin such subdivision. However, after filing the platand before any building permit may be issued, thedeveloper must deliver to the city engineer threefull size prints of the plat, one 105mm Micromasterand a black line print at a scale of 200 feet perinch.(Code 2002, § 10.200(9); Ord. No. 349, § 9, 8-19-1980)

Sec. 36-31. Liability of city to furnish im-provements.

The acceptance of a final plat by the city doesnot in any manner obligate the city to finance orfurnish any storm sewers, drainage structures,street, water, sewer improvements or any otheritems or improvements whatsoever.(Code 2002, § 10.200(10); Ord. No. 349, § 10,8-19-1980)

Sec. 36-32. Recording of approved plat re-quired.

The approval of a final plat of a subdivision bythe commission shall be invalid unless the ap-proved plat of such subdivision is recorded in theoffice of the county clerk within 30 days after thedate of its final approval by the city.(Code 2002, § 10.200(11); Ord. No. 349, § 11,8-19-1980)


CD36:10Supp. No. 6

Chapter 37

RESERVED

CD37:1

Chapter 38

TAXATION*

Sec. 38-1. Elderly homestead exemption.Sec. 38-2. Freeport goods.Sec. 38-3. Gas and electricity for residential use.Sec. 38-4. Telecommunications services.

*State law references—V.T.C.A., Tax Code ch. 1 et seq.; finances, V.T.C.A., Local Government Code ch. 101 et seq.

CD38:1

Sec. 38-1. Elderly homestead exemption.

From and after January 1, 1978, $10,000.00 ofthe assessed taxable value of all residence home-steads of persons 65 years of age or older shall beexempt from all ad valorem taxes levied by thecity.(Code 2002, § 11.100; Ord. No. 304, §§ 1—2,8-16-1977)

State law reference—Residence homestead tax exemp-tions, V.T.C.A., Tax Code § 11.13.

Sec. 38-2. Freeport goods.

Personal property temporarily located withinthe state that would otherwise be exempt from advalorem taxation under the provisions of Tex.Const. art. VIII, §§ l-j, shall be taxable by the cityand shall be subject to an annual ad valorem taxlevy by the city.(Code 2002, § 11.200; Ord. No. 453, § 2, 12-19-1989)

Sec. 38-3. Gas and electricity for residential

use.

The city, by majority vote of its city council,hereby votes to retain the taxes authorized by theLocal Sales and Use Tax Act (Vernon's Ann. Civ.St. art. 1066c) on the receipts from the sale,production, distribution, lease or rental of, andthe use, storage or other consumption of gas andelectricity for residential use, as authorized byV.T.C.A., Tax Code § 321.101.(Code 2002, § 11.300; Ord. No. 329, § 1, 4-17-1979)

State law reference—Authority of municipality to im-pose tax on sales of gas and electricity, V.T.C.A., Tax Code§ 321.103.

Sec. 38-4. Telecommunications services.

(a) A tax is hereby authorized on all telecom-munications services sold within the city. Forpurposes of this article, the sale of telecommuni-cations services is consummated at the location ofthe telephone or other telecommunications devicefrom which the call or other communication orig-inates. If the point of origin cannot be determined,the sale is consummated at the address to whichthe call or other communication is billed.

(b) The application of the exemption providedfor in V.T.C.A., Tax Code § 321.210 is herebyrepealed by the city, as authorized by section4B(b) thereof.

(c) The rate of tax imposed by this article shallbe the same as the rate imposed by the city, for allother local sales and use taxes as authorized bythe legislature of the state.(Code 2002, § 11.400; Ord. No. 421, § 1, 5-19-1987)

State law reference—Authority of municipality to im-pose tax on the sale of telecommunications services, V.T.C.A.,Tax Code § 321.210.

§ 38-4TAXATION

CD38:3

Chapter 39

RESERVED

CD39:1

Chapter 40

TRAFFIC AND VEHICLES*


Sec. 40-1. Traffic administration.Sec. 40-2. Enforcement and obedience to traffic regulations.Sec. 40-3. Traffic control devices.Sec. 40-4. Speed regulations.Sec. 40-5. General authority.Sec. 40-6. Dig out or tire squeal prohibited.Sec. 40-7. Obstructions of view of traffic by trees or shrubs.Sec. 40-8. Authorized emergency vehicles.Sec. 40-9. Bicycle paths.Secs. 40-10—40-36. Reserved.

Article II. Truck Traffic

Sec. 40-37. Prohibited routes.Sec. 40-38. Definitions.Sec. 40-39. Signs.Secs. 40-40—40-66. Reserved.

Article III. Stopping, Standing and Parking

Sec. 40-67. On rights-of-way.Sec. 40-68. On Hickory Hollow.Sec. 40-69. Sufficient passageway required.Sec. 40-70. No parking zones.Sec. 40-71. Stopping, standing or parking of unattended motor vehicle.Secs. 40-72—40-79. Reserved.

Article IV. Use of Golf Carts on Public Streets and Roads

Sec. 40-80. Generally.Sec. 40-81. Excluded streets and roads.Sec. 40-82. Golf carts defined.Sec. 40-83. Required safety equipment.Sec. 40-84. Operating requirements.Sec. 40-85. Penalty.

*State law reference—V.T.C.A., Transportation Code ch. 1 et seq.

CD40:1Supp. No. 6


Sec. 40-1. Traffic administration.

(a) Responsibility and authority of city council.

The city council or its duly designated represen-

tative shall have the general responsibility and

authority to determine the installation and proper

timing and maintenance of traffic control devices,

to conduct engineering analyses of traffic acci-

dents and to devise remedial measures, to con-

duct engineering investigations of traffic condi-

tions, to plan the operation of traffic on the streets

and highways of the city and to cooperate with

other governmental officials in the development of

ways and means to improve traffic conditions.

(b) Emergency and experimental regulations.

The city council or its duly designated represen-

tative is hereby empowered to make regulations

necessary to make effective the provisions of the

traffic ordinances of this city and to make and

enforce temporary or experimental regulations to

cover emergencies or special conditions. No such

temporary or emergency regulation shall remain

in effect for more than 60 days. The city council or

its duly designated representative may test traffic

control devices under actual conditions of traffic.

(c) Presumptions. It shall be initially pre-

sumed that each and every traffic control device,

signal, sign, marker or marking heretofore or

hereafter erected by the city council or its duly

authorized representative has been installed pur-

suant to its or his observations and studies, based

on generally used and accepted traffic control

principles and techniques.

(Code 2002, § 12.101; Ord. No. 328, art. I, 2-20-

1979)

Sec. 40-2. Enforcement and obedience to

traffic regulations.

(a) Authority of police and fire department per-

sonnel. It shall be the duty of the officers of the

police department (Memorial Villages Police De-

partment) or such officers as are assigned by the

chief of police to enforce all traffic laws of this city

and of the state.

(1) Officers of such police department or such

officers as are assigned by the chief of

police are hereby authorized to direct all

traffic by voice, hand or signal in confor-

mance with traffic laws; provided how-

ever, in the event of fire or other emer-

gency or to expedite the flow of traffic or to

safeguard pedestrians, officers of the po-

lice department may direct traffic as con-

ditions may require notwithstanding the

provisions of the traffic laws.

(2) Officers of the fire department (Memorial

Villages Fire Department), when at the

scene of a fire, may direct or assist the

police in directing traffic at such scene or

in the immediate vicinity thereof.

(b) Required obedience to traffic chapter. It

shall be unlawful and a misdemeanor for any

person to do any act forbidden by or fail to

perform any act required by this article or to fail

to comply with the command, direction or limit of

any traffic control device, signal, sign, marker or

marking erected or maintained by the city pursu-

ant to the provisions of this article.

(c) Obedience to police and fire department

personnel. It shall be unlawful for any person to

willfully fail or refuse to comply with any lawful

order or direction of a police officer or fire depart-

ment official given pursuant to authority granted

by ordinance of this city or the laws of this state.

(d) Arrest without warrant. Any officer of the

police department shall have the power and is

hereby authorized to arrest, without warrant of

arrest being first issued, any person who violates

any provision of the traffic ordinances of this city

or of the state motor vehicle laws applicable

within the city limits, provided such violation

occurs within the presence or view of such arrest-

ing officer, and further provided that state law

does not require the officer to issue written notice

to appear in lieu of arrest.

(Code 2002, § 12.102; Ord. No. 328, art. II, 2-20-

1979)

Sec. 40-3. Traffic control devices.

(a) Specifications for traffic control devices. As

far as practicable, all traffic control devices shall

be uniform as to type and location throughout the

city. All traffic control devices erected and not

§ 40-3TRAFFIC AND VEHICLES

CD40:3Supp. No. 8

inconsistent with the provisions of this article and

the laws of this state shall be official traffic control

devices.

(b) Official traffic control devices, presumption

of legality. Whenever official traffic control devices

are placed in position pursuant to the provisions

of or in the manner authorized by this article,

such devices shall be presumed to have been

placed by the official act or direction of lawful

authority, unless the contrary shall be established

by competent evidence. Any official traffic control

device thus placed in position and purporting to

conform to the lawful requirements pertaining to

such devices shall be presumed to comply with

the requirements of this article, unless the con-

trary shall be established by competent evidence.

(c) Existing traffic control devices ratified and

codified. Any and all traffic control devices, signs,

signals, marks and marking heretofore placed or

erected by the city council or other officer, em-

ployee, agent or contractor of the city and now in

use for the purpose of regulating, warning, direct-

ing or guiding traffic or pedestrians are hereby

approved, affirmed, ratified and confirmed as of-

ficial traffic control devices of the city; provided

that such traffic control devices are not inconsis-

tent with the provisions of this article or the laws

of this state.

(Code 2002, § 12.103; Ord. No. 328, art. III,

2-20-1979)

Sec. 40-4. Speed regulations.

(a) State speed laws applicable. No person shall

drive a vehicle on a public street or highway at a

speed greater than is reasonable and prudent

under the circumstances then existing. Except as

altered by subsection (b) of this section, the max-

imum prima facie speed limits on public streets

and highways within the city shall be those es-

tablished by the laws of the state. Any speed in

excess of the limits specified in this section shall

be prima facie evidence that the speed is not

reasonable or prudent and that it is unlawful.

(b) Altered speed limits. Based upon an engi-

neering and traffic investigation, the city council

hereby determines that the maximum prima facie

speed limits established by the laws of the state

should be, and they are hereby, altered as follows:

(1) Memorial Drive: 35 miles per hour.

(2) Voss Road; 35 miles per hour.

(3) School zones:

a. Along Beinhorn Road from a point

200 feet west of its intersection with

Wade Hampton Drive to a point 150

feet east of its intersection with Flint

River Drive, 20 miles per hour when

school zone flashing beacons are in

place and flashing warning lights.

b. Along Wade Hampton Drive from its

intersection with Beinhorn Road to

its intersection with the north right-

of-way of 12 Oaks Drive, 20 miles

per hour between the hours of 7:00

a.m. and 9:00 a.m. and 2:00 p.m. and

4:00 p.m., Monday through Friday,

except on school holidays, when signs

are in place giving notice of such

speed limit.

c. Along Flint River Drive from its in-

tersection with Beinhorn Road to the

north right-of-way of 12 Oaks Drive,

20 miles per hour between the hours

of 7:00 a.m. and 9:00 a.m. and 2:00

p.m. and 4:00 p.m., Monday through

Friday, except on school holidays,

when signs are in place giving notice

of such speed limit.

(4) Those portions of the service roads of

Interstate 10 that are located within the

city's boundaries: 45 miles per hour.

(c) Speeds unlawful when signs in place. When

signs are in place giving notice thereof, any speed

in excess of the limits specified in this section

shall be prima facie evidence that the speed is not

reasonable or prudent and that it is unlawful.

(d) Twenty-five miles per hour speed limits on

certain streets.

(1) A prima facie maximum speed limit of 25

miles per hour is established for the fol-

lowing streets within the City of Hunters

Creek Village:

a. Saddlewood Lane;


CD40:4Supp. No. 8

b. Thamer Lane;

c. Thamer Court;

d. Hunterwood Drive:

e. Hunters Trail Street.

(2) No person shall drive a vehicle on any of

the streets designated above at a speed

greater than is reasonable and prudent

under the conditions and having regard to

the actual and potential hazards then

existing, and any speed in excess of 25

miles per hour on those streets shall be

prima facie evidence that the speed is not

reasonable or prudent and that it is un-

lawful.

(3) City staff shall cause speed limit signs to

be erected along the designated streets

specifying a speed limit of 25 miles per

hour.

(Code 2002, § 12.104; Ord. No. 398, §§ 1—3,

5-22-1985; Ord. No. 408, art. IV, 4-15-1986; Ord.

No. 612, 4-15-2003; Ord. No. 736, § 3, 3-24-2009;

Ord. No. 797, § 3, 5-22-2012)

Sec. 40-5. General authority.

(a) Turns, crosswalks, yield, parking and weight

limits. The city council or its duly designated

representative shall have authority to designate

and maintain by appropriate devices, marks or

lines upon the surface of the streets, crosswalks

for pedestrians and traffic lanes for vehicles and

to place and maintain traffic control devices or

signs altering the normal course for turns, restrict-

ing or prohibiting turns, making streets and al-

leys one-way, restricting or prohibiting the direc-

tion of movement on streets during certain periods

of time, providing for vehicular traffic to stop or

yield, to regulate, restrict or prohibit parking, to

designate and regulate loading zones and to es-

tablish gross weight limits.

(b) Traffic control devices, signals, etc. The

traffic control devices, signals, signs or markings

used to effect such traffic controls shall indicate

the activity, speed or travel restricted, regulated,

permitted or prohibited and, where applicable,

the hours of the day during which the same are in

effect.

(Code 2002, § 12.105; Ord. No. 328, art. V, 2-20-

1979)

Sec. 40-6. Dig out or tire squeal prohibited.

The driver of a motor vehicle shall not dig out

or cause tire squeal. For the purpose of this

section, the term "dig out" shall mean "tire squeal."

The term "tire squeal" means the sound produced

by the friction of a motor vehicle tire turning

against dry pavement under sudden acceleration

of the vehicle to which such tire or tires are

mounted, such tire or tires then turning at a rate

of revolution disproportionately greater than the

length of distance then traveled on such pave-

ment by such vehicle. Skid marks or tire marks

left by such tire or tires upon the pavement, or

smoke produced by such revolution, shall consti-

tute prima facie evidence of such disproportionate

revolution.

(Code 2002, § 12.106)

Sec. 40-7. Obstructions of view of traffic by

trees or shrubs.

Trees, shrubs, bushes, plants, grass or weeds

growing on or over the right-of-way of streets at or

near intersections in such a manner as to obstruct

the view of approaching traffic from the right or

left are hereby declared to be an immediate and

substantial hazard to public safety and a public

nuisance. Any duly designated officer, employee

or contractor of the city is authorized to remove

the same or as much thereof as is reasonably

necessary, as the case may be, without notice in

order to restore unobstructed approaches to such

intersection.

(Code 2002, § 12.107)

Sec. 40-8. Authorized emergency vehicles.

The provision of this article regulating the

movement, parking and standing of vehicles shall

not apply to fire department or police department

vehicles or to ambulances, while the driver of

such vehicle is operating the same in an emer-

gency in the necessary performance of public

duties. However, this exemption shall not protect

the driver of any such vehicle from the conse-

quences of a reckless disregard for the safety or

property of others.

(Code 2002, § 12.108; Ord. No. 328, art. VI,

2-20-1979)


CD40:5Supp. No. 8

Sec. 40-9. Bicycle paths.

(a) Wherever a useable path for bicycles has

been provided adjacent to a public street, bicycle

riders shall use such path and shall not use the

public street.

(b) The city engineer is directed to post signs

giving notice of the requirements hereof.

(c) No person shall use or operate a motor

vehicle or ride a horse or pony, upon the pathway

and bikeway system, or any portion thereof, as

shown by the map or plat which is attached

hereto and incorporated as a part hereof, and as it

may be revised from time to time by the city

council; provided however, that this prohibition

shall not apply to the public and private streets

comprising a part of the pathway and bikeway

system.

(Code 2002, § 12.400; Ord. No. 236, 8-17-1970;

Ord. No. 422, §§ 1, 2, 7-30-1987)


ARTICLE II. TRUCK TRAFFIC

Sec. 40-37. Prohibited routes.

It shall be unlawful for any person, firm or

corporation to drive, operate or cause to be oper-

ated a truck having more than two axles upon

Voss Road or Memorial Drive within the residen-

tial area of the city; provided however, that this

regulation shall not apply when such truck is en

route to, or en route from a destination within any

of the Cities of Hunters Creek Village, Piney

Point Village or Bunker Hill Village, making a

pickup or delivery or rendering some requested

service at premises within any of the such three

cities; and this regulation shall not apply to

recreational vehicles.

(Code 2002, § 12.201; Ord. No. 319, 6-20-1978)


The following words, terms and phrases, when

used in this article, shall have the meanings

ascribed to them in this section, except where the

context clearly indicates a different meaning:

Residential area means the area within single-

family dwelling district A, more fully defined and

described on the official zoning map of the city.

Truck refers to every vehicle designed, used or

maintained primarily for the transportation of

property. It includes truck tractors and semitrail-

ers, all axles of which shall be counted for pur-

poses of this article.

(Code 2002, § 12.202; Ord. No. 319, 6-20-1978)

Sec. 40-39. Signs.

The city building official is hereby authorized

to place official signs prohibiting the unlawful

operation of such heavy trucks as described in

section 40-37, upon Voss Road, Memorial and

Bingle Road and in residential areas within the

corporate limits of the city.

(Code 2002, § 12.204; Ord. No. 319, 6-20-1978)


ARTICLE III. STOPPING, STANDING AND

PARKING*

Sec. 40-67. On rights-of-way.

It shall be unlawful for any person to stop,

stand or park a motor vehicle on an esplanade or

grassy or landscaped portion of the right-of-way

of a public street when signs are duly erected

giving notice thereof.

(Code 2002, § 12.501; Ord. No. 407, § 1, 4-15-1986)

Sec. 40-68. On Hickory Hollow.

(a) It shall be unlawful for any person, having

registered in his name or owning or operating or

having charge of any vehicle, knowingly to allow

or suffer or permit the same to be parked or left

standing upon Hickory Hollow south of its inter-

section with the Interstate 10 eastbound access

road for a distance of 475 feet on the northbound

side and for a distance of 340 feet on the south-

bound side, and such portion of Hickory Hollow is

hereby designated as a "No Parking-Tow Away

Zone."

(b) When any person is charged with having

parked or left standing a vehicle in the "No

Parking-Tow Away Zone" designated in subsec-

tion (a) of this section, proof that the vehicle was

*State law reference—Authority to regulate parking,

V.T.C.A., Transportation Code § 542.202(2).


CD40:6Supp. No. 8

at the date of the offense alleged owned by the

person charged with the offense shall constitute

prima facie evidence that the vehicle was parked


CD40:6.1Supp. No. 8

or left standing at the place by the owner, but theowner shall have the right to introduce evidenceto show that such vehicle was not parked by himas charged in the complaint.

(c) The mayor is hereby authorized and di-rected to cause the placement of "No Parking-TowAway Zone" signs along that portion of HickoryHollow described in subsection (a) of this section.

(d) Any peace officer of the city is authorized toremove, to have removed or to require the driveror other person in charge of a vehicle to remove, avehicle parked or left standing in violation of thissection. A vehicle removed by a peace officerunder the provisions of this section may be re-moved to the nearest garage or storage facility orto a garage or storage facility designated by thecity. The owner of a vehicle that is removed underthis section is liable for all reasonable towing andstorage fees incurred in the removal or storage.(Code 2002, § 12.502; Ord. No. 505, §§ 1—5,3-21-1995)

Sec. 40-69. Sufficient passageway required.

It shall be unlawful for any person to stop,stand or park a motor vehicle on any side of anystreet whether or not otherwise lawful when suchact shall cause there to be less than 15 feet ofpassageway through the middle of the street forthe uninterrupted flow of traffic through suchstreet.(Code 2002, § 12.503)

Sec. 40-70. No parking zones.

(a) It shall be unlawful for any person, havingregistered in his name or owning or operating orhaving charge of any vehicle, to allow or suffer orpermit the same to be parked or left standingupon the following streets, or portions thereofindicated, between the hours of 7:00 a.m. and 9:00a.m. and 2:00 p.m. and 4:00 p.m., Monday throughFriday, except on school holidays, when signs arein place giving notice of such prohibition ("NoParking Zones"):

(1) Wade Hampton Drive between its inter-section with Beinhorn Road and its inter-section with 12 Oaks Drive; and

(2) Flint River Drive between its intersectionwith Beinhorn Road and its intersectionwith 12 Oaks Drive.

(b) When any person is charged with havingparked or left standing a vehicle in a "No ParkingZone" during the hours and days designated insubsection (a) of this section, proof that the vehi-cle was, at the date and time of the offensealleged, owned by the person charged with theoffense shall constitute prima facie evidence thatthe vehicle was parked or left standing at theplace by the owner, but the owner shall have theright to introduce evidence to show that suchvehicle was not parked by him as charged in thecomplaint.(Code 2002, § 12.504; Ord. No. 598, 1-15-2002)

Sec. 40-71. Stopping, standing or parking ofunattended motor vehicle.

There shall be a presumption in all prosecu-tions for an offense under an ordinance of the cityprohibiting the stopping, standing, or parking ofan unattended motor vehicle that the registeredowner of the vehicle is the person who stopped,stood, or parked the vehicle at the time and placethe offense occurred. Proof that the vehicle was,at the date and time of the offense alleged, ownedby the person charged with the offense shallconstitute prima facie evidence that the vehiclewas stopped, stood, or parked by the owner;however, the owner shall have the right to intro-duce evidence to show that such vehicle was notparked by him as charged in the complaint.(Code 2002, § 12.505; Ord. No. 602, 5-21-2002)


ARTICLE IV. USE OF GOLF CARTS ONPUBLIC STREETS AND ROADS


The use of golf carts on public streets and roadswithin the city is permitted subject to the condi-tions and limitations provided below.(Ord. No. 762, § 1, 12-7-2010)


CD40:7Supp. No. 6

Sec. 40-81. Excluded streets and roads.

The use of golf carts is prohibited:

(a) On the eastbound service road of Inter-state Highway 10;

(b) On Voss Road, except when crossing at itsintersection with Beinhorn; and

(c) On any street or road where the postedspeed limit is greater than 35 miles perhour; and

(d) On Memorial Drive except between VossRoad and Saddlewood Lane.

(Ord. No. 762, § 1, 12-7-2010)

Sec. 40-82. Golf carts defined.

For the purpose of this article, the phrase "golfcart" means a motor vehicle designed by themanufacturer primarily for transporting personson a golf course.(Ord. No. 762, § 1, 12-7-2010)

Sec. 40-83. Required safety equipment.

A golf cart shall not be operated on a publicstreet or road in the city unless it has the follow-ing equipment in working order:

(a) Headlamps;

(b) Tail lamps;

(c) Reflectors;

(d) Parking brake;

(e) Mirrors; and

(f) A slow-moving vehicle emblem.(Ord. No. 762, § 1, 12-7-2010)

Sec. 40-84. Operating requirements.

(a) The golf cart operator must have a validdriver's license and be 21 years of age or older.

(b) The golf cart must be operated in compli-ance with all applicable traffic laws and regula-tions.(Ord. No. 762, § 1, 12-7-2010)

Sec. 40-85. Penalty.

Any person who shall intentionally, knowingly,recklessly, or with criminal negligence violate any

provision of this article, shall be deemed guilty ofa misdemeanor and, upon conviction thereof, shallbe fined in an amount of not less than $1.00 normore than $200.00.(Ord. No. 762, § 2, 12-7-2010)


CD40:8Supp. No. 6

Chapter 41

RESERVED

CD41:1

Chapter 42

UTILITIES*



Article II. Water System

Sec. 42-19. Mandatory water connections.Secs. 42-20—42-41. Reserved.

Article III. Sewer System

Sec. 42-42. Mandatory sewer connections.Sec. 42-43. Septic tanks.Sec. 42-44. Service lines.Sec. 42-45. Connection of building sewer outlet to service line.Sec. 42-46. Fittings and cleanouts.Sec. 42-47. Connection permit.Sec. 42-48. Excluded flow and waste.

*State law references—V.T.C.A., Utilities Code ch. 1 et seq.; water and utilities, V.T.C.A., Local Government Code ch. 401 etseq.

CD42:1



ARTICLE II. WATER SYSTEM

Sec. 42-19. Mandatory water connections.

(a) Subject to the provisions of subsection (b) ofthis section, all persons, firms or corporationsusing private water systems whose property islocated within 200 feet of a water line of theMemorial Villages Water Authority or its succes-sors, shall, on or before July 1, 1961, contract withsuch corporation to connect with such water lineand cause such connection to actually be accom-plished on or before October 1, 1961, and when-ever by reason of the extension of any water lineor lines of such corporation or its successors,property with a water system not connected tosuch public water system comes within 200 feet ofany such usable water line, the owners shallcontract with such corporation or its successors,to connect with such water line within 60 daysthereafter and shall cause such connection to beactually accomplished not more than 30 dayslater.

(b) Any owner of any property upon whichthere is an existing water system not connected tothe system of the Memorial Villages Water Au-thority or its successors, shall not be required tocomply with the provisions of subsection (a) ofthis section; provided that on or before August 1,1961, and during each July thereafter, such ownerfiles with the city secretary a certificate showingthat water from such private water system hasbeen inspected within 30 days prior thereto andhas been found uncontaminated. Each such cer-tificate shall be obtained from the state depart-ment of health or its laboratory, or from aninspector approved in writing either by the countyhealth department, or by the city council. Anyperson, firm or corporation dissatisfied with thedetermination of any such inspector may appealsuch determination or finding to the city councilby filing written notice of appeal with the citysecretary within ten days after receipt of thewritten notice of the inspector's decision. Receipt,when not delivered in writing in person, shall be

the date when such written notice is posted in theUnited States mail. The hearing of the appeal bythe city council shall be de novo and the appellantmay present evidence and argument and be rep-resented by counsel, if desired.

(c) All structures which are erected pursuantto building permits issued after enactment of thisarticle, which have a private water system andwhich are upon property within 400 feet of suchpublic water line or lines, must connect with anduse the same.

(d) It shall be unlawful to make or permit anyconnection whether equipped with a cut-off valveor not, between a private water system and thesystem of the Memorial Villages Water Authorityor any of its successors.(Code 2002, § 13.100; Ord. No. 140, 4-10-1961)


ARTICLE III. SEWER SYSTEM*

Sec. 42-42. Mandatory sewer connections.

(a) Every building situated on any street inthe city where there is a public sanitary sewersupplied with water shall be connected with suchsewer so that all sewage from the premises shallempty into the sewer; provided that such buildingis used or intended to be used as a dwelling, officebuilding, place of business or building which willbe regularly occupied by people. It is hereby madethe duty of each owner of any such building tocause the same to be so connected with a publicsewer. All owners of real property within thedistance of 200 feet of any public sewer main orlateral shall make or cause to be made proper andpermanent sewer connections with such sewers;provided that such owner shall not be obligated topay any part of the cost of bringing sanitary sewerlines to their property lines. All such owners shallremove or cause to be removed all surface privies,septic tanks and cesspools.

*State law reference—Provision of sanitary sewer sys-tem by municipality, V.T.C.A., Local Government Code,§ 214.013.

§ 42-42UTILITIES

CD42:3

(b) It shall be unlawful for any person topermit a privy, dry closet, septic tank or cesspoolof any kind or description for the reception ofhuman excreta to be maintained or exist uponany property in the city owned or controlled bysuch person, where such property is within 200feet of the public sewer lines and connectiontherewith is physically possible. For purposes ofthis article, every such sewer connection shall bedeemed physically possible unless certified other-wise in writing by the city engineer.

(c) No vault, cesspool or septic tank shall beconnected with a sewer. Such vaults, cesspools orseptic tanks existing on premises abutting a pub-lic sewer and provided with public water, whendeclared a public nuisance by the public healthofficer, shall be cleaned within at least four feetfrom the surface, shall be filled with earth andashes or lime, and its use shall be discontinued.

(d) The public health officer or any other of-ficer authorized by the city council shall have theauthority, at any time, to enter and examinecellars, cesspools, privies and drains, and allbuildings, lots and places within the city for thepurpose of ascertaining the condition thereof sofar as public health may be affected thereby. Thepublic health officer or other representative of thecity so authorized shall recommend to the mayorand city council, when necessary, the abatement,removal or destruction of any such cellar, cess-pool, privy or drain.(Code 2002, § 13.200; Ord. No. 223, 4-14-1969)

Sec. 42-43. Septic tanks.

Installation of septic tanks is prohibited.(Code 2002, § 13.301)

Sec. 42-44. Service lines.

(a) As used in this section, the term "serviceline" means the sewer transmission line from thefoundation of the house or commercial business tothe property line.

(b) Only one service line connection to theauthority's sanitary sewage collection system ispermitted for each residence or commercial build-ing unless written authorization from the author-ity is obtained.

(c) Only the following types of pipe and fittingmaterials are approved for constructing servicelines. Pipe and fittings in each individual serviceline shall be of identical material.

(1) Vitrified clay pipe conforming to ASTMSpecification C700 with joint coupling con-forming to ASTM Specification C425.

(2) Cast iron soil pipe, standard weight, con-forming to ASTM Specification A74 withrubber gasket joint coupling conformingto ASTM Specification C564.

(3) Poly-vinyl chloride (PVC) pipe and fit-tings manufactured from class 12454-Brigid PVC compound conforming to ASTMD1784. Pipe and fittings to be integralbell and spigot type with provision forelastomeric gasket in bell, or all plain endfor use with elastomeric gasket sleevecoupler. Four-inch sanitary sewer servicelines to be SDR 33.5 and six-inch sanitarysewer service lines to be SDR 35 conform-ing to ASTM D3033 or ASTM D3034.Elastomeric gaskets and seats to conformto pipe manufacturer's specifications andASTM F477 or ASTM D1869.

(4) Acrylonitrile-butadiene-styrene (ABS) pipe,(Type I, Grade 1 or Type IV, Grade I,material conforming to ASTM Specifica-tion D1788), solvent-weld joints, manufac-tured in accordance with ASTM Specifica-tion D2751 but having minimum wallthickness as follows:

4-inch pipe 0.150 inch+0.0106-inch pipe 0.210 inch+0.010

(5) Fiberglass reinforced epoxy pipe with aminimum wall thickness of 0.07 inches forfour-inch pipe and 0.10 inches for six-inchpipe. Pipe shall have a minimum pressurerating of 300 psi and a temperature ratingof 150 degrees Fahrenheit. Material fur-nished shall conform to CIBA-300 linepipe. Pipe and fittings shall be joined byuse of epoxy resin and hardner and sol-vent having same pressure and tempera-ture rating as pipe.


CD42:4

(d) Size of service lines shall be as follows:

(1) Residential: Four-inches in diameter (min-imum).

(2) Commercial: Six-inches in diameter (min-imum),

(e) Minimum grades for service lines shall beas follows:

4-inch pipe 1-foot drop per onehundred feet (1%)

6-inch pipe 6-inch drop per onehundred feet (0.5%)

8-inch pipe 4-inch drop per onehundred feet (0.33%)

(f) Maximum grades for service lines shall beas follows:

4-inch pipe 2.5-foot drop per onehundred feet (2.5%)

6-inch pipe 1.5-foot drop per onehundred feet (1.5%)

8-inch pipe 1-foot drop per onehundred feet (1%)

(g) Construct service lines to true alignmentand grade. Warped and sagging lines will not bepermitted.(Code 2002, § 13.302; Ord. No. 380, § 3, 6-21-1983)

Sec. 42-45. Connection of building sewer out-

let to service line.

(a) Building tie-on connection shall be madedirectly to the stub-out from the building plumb-ing at the foundation on all waste outlets. Septictanks and all grease traps must be bypassed.

(b) Water-tight adapters of a type compatiblewith the materials being joined shall be used atthe point of connection of the service line to thebuilding plumbing. Neither cement grout norbitumastic joint materials are permitted, exceptwhen a rubber gasket adapter is not available,then an oakum joint sealer with cold lead orhot-poured bitumastic joint material will be per-mitted.

(c) Where existing wye and/or stack connec-tions are provided, but no service lead from thepublic (main) sewer to the property line is pro-

vided, the existing wye and/or stack connectionmust be utilized for connection of the service lineto the public (main) sewer.(Code 2002, § 13.303; Ord. No. 380, § 4, 6-21-1983)

Sec. 42-46. Fittings and cleanouts.

(a) No bends or turns at any point shall begreater than 45 degrees.

(b) Each horizontal service line shall be pro-vided with a cleanout at its upper terminal; andeach such run of piping which is more than 90 feetin length shall be provided with a cleanout foreach 90 feet or fraction thereof, in the length ofsuch piping.

(c) Each cleanout shall be installed so that itopens in a direction opposite to the flow of thewaste and except in the case of wye branch andend-of-line cleanouts, cleanouts shall be installedvertically above the flow line of the pipe.

(d) Cleanouts shall be plugged with an airtightmechanical plug.(Code 2002, § 13.304; Ord. No. 380, § 5, 6-21-1983)

Sec. 42-47. Connection permit.

(a) A building permit, accompanied by the ap-propriate city fees must be obtained from thecity's authorized representative at the beginningof construction of the service line. (The permitform to be used by the applicant for sewer serviceis maintained on file in the office of the citysecretary.)

(b) When the service line is complete, butbefore connecting to the authority's sewer lead,and also prior to backfilling the pipe trench, theapplicant for sewer service shall request an in-spection of the installation. Request for inspec-tions shall be made to the city's authorized rep-resentative. Twenty-four hours' advance noticefor the inspection shall be given to the city'sauthorized representative.

(c) An inspection fee, as set by resolution orordinance of the city council from time to time andkept on file in the office of the city secretary,payable to the city on or before the time ofinspection, will be charged for inspecting eachservice line.

§ 42-47UTILITIES

CD42:5

(d) The applicant for sewer service shall per-form an exfiltration test (minimum of five feethydrostatic head of water) which will be wit-nessed by the city's authorized representative. Allplugs, risers and other required testing equip-ment shall be furnished by the applicant. Anyleakage observed shall be corrected and only afterthe service line is watertight will the connectionbe permitted.

(e) No connection shall be made to theauthority's sewer lead until a representative ofthe authority is present to witness the physicalconnection. Twenty-four hours' advance notice forthe authority's connection inspection must begiven.

(f) The physical connection to the authority'ssewer lead shall be made by use of an adapter ofa type compatible with materials being joined.The connection shall be watertight. Neither ce-ment grout nor bitumastic joint materials arepermitted except when a rubber gasket adapter isnot available, then an oakum joint sealer withcold lead or hot-poured bitumastic joint materialwill be permitted.

(g) The inspection fee is for one inspection. Noadditional inspection fee shall be charged if theinstallation is approved on the first inspection. Ifthe installation is not approved, then an addi-tional fee as set by resolution or ordinance of thecity council from time to time and kept on file inthe office of the city secretary will be charged foreach additional inspection.

(h) Future extension of service lines will re-quire an additional inspection fee.

(i) Backfilling of the service line trench mustbe accomplished within 24 hours after a satisfac-tory exfiltration test has been performed andwitnessed by the city's authorized representative.No debris will be permitted in the trench or thematerial used for backfilling.(Code 2002, § 13.305; Ord. No. 380, § 6, 6-21-1983)

Sec. 42-48. Excluded flow and waste.

(a) No waste material which is not biologicallydegradable will be permitted to discharge into theauthority's sewerage facilities, including mud anddebris accumulated during service line installa-tion.

(b) No downspouts, yard or street drains orgutters will be permitted to be connected into theauthority's sanitary sewer collection system.

(c) Swimming pool drain connections are pro-hibited. Only backwash water from the swimmingpool filters can be discharged into the authority'ssanitary sewer collection system.(Code 2002, § 13.306; Ord. No. 380, § 7, 6-21-1983)


CD42:6

Chapter 43

COMPREHENSIVE PLAN

Sec. 43-1. 2012 comprehensive plan.

CD43:1Supp. No. 8

Sec. 43-1. 2012 comprehensive plan.

(a) Purpose of comprehensive plan. This com-

prehensive plan is adopted, under authority of

V.T.C.A. Local Government Code, ch. 213, as a

present statement of policy by the City of Hunters

Creek Village (the "city") and as a guide for future

land use, capital improvements and other pro-

grams within the city including cooperative ef-

forts with other governmental agencies and the

private sector.

This plan may be amended or revised as deemed

appropriate by the city council. This plan may be

reviewed at any time by the city's planning and

zoning commission on its own motion or at the

direction of the city council. Whenever such re-

view is undertaken, the planning and zoning

commission shall submit a written report to the

city council which shall include any recommended

changes to the plan.

(b) Comprehensive plan.

(1) General. The City of Hunters Creek Vil-

lage is a fully developed residential com-

munity with a "complementing" business

community. One of its most important

attributes is its ability to protect the in-

tegrity of its residential neighborhoods

through its zoning ordinance and other

land use regulations. The city is located,

along with the other memorial villages, in

an area that is surrounded on all sides by

the City of Houston and is almost exclu-

sively residential in character. The only

commercial activity in the city is located

along the Interstate 10 corridor which

forms the northern boundary of the city.

The city and its residential community

are served by commercial and industrial

uses that are located in the City of Hous-

ton and other neighboring cities and there

is no need to expand the city's current

business district. The most important goal

of this comprehensive plan is the preser-

vation of the city's high quality residen-

tial neighborhoods and the protection of

those neighborhoods from the negative

effects of urban development.

Residential zoning will be employed gen-

erally to maintain and improve the health,

safety, morals and general welfare of the

residents, citizens and inhabitants of the

City of Hunters Creek Village by limiting

population density, land use, lot size, height

and setbacks of buildings and other im-

provements and by regulating swimming

pools, parking, fences and the use of signs,

and by enacting such other regulations as

may be permitted by law.

Zoning in the business districts will be

employed generally to promote business

activity while minimizing any adverse

effects of commercial development on the

residents, citizens and inhabitants of the

City of Hunters Creek Village, and pro-

viding a buffer zone between the business

district and the residential district.

Zoning in the City of Hunters Creek Vil-

lage is also appropriate for limiting visual

pollution, land use, lot size, height and

setbacks of buildings and other improve-

ments, including but not limited to regu-

lating swimming pools, parking, site drain-

age, fences, the use of signs, and the

accumulation of refuse in the business

district. In addition such other regula-

tions as may be permitted by law should

be enacted to protect the residential dis-

trict and to provide a pleasant and health-

ful environment in the business district.

(2) Residential district R. The city will con-

tinue to protect existing single-family res-

idential neighborhoods and existing resi-

dences through appropriate land use

controls including zoning and other ordi-

nances regulating lot size, use of land and

improvements, height and setbacks, swim-

ming pools, parking, fences and the use of

signs. These neighborhoods will also be

protected and improved by appropriate

and timely investments in maintenance

and replacement of public infrastructure.

Any new development or redevelopment

in the business districts along Interstate

10 should be designed and located so as to

minimize any adverse effect on existing

residential uses and to ensure that new

development constitutes a benefit to the

city's residential neighborhoods.

§ 43-1COMPREHENSIVE PLAN

CD43:3Supp. No. 8

Ingress and egress to all development in

the business district should be designed

so that traffic to and from the develop-

ment which originates in or is destined to

points outside of the City of Hunters Creek

Village will not utilize local residential

streets.

(3) Business district B. The area along Inter-

state 10 is subject to substantial noise,

visual pollution, air pollution and the

heavy traffic associated with a major high-

way and transportation corridor. The city

will continue to exercise its regulatory

authority to mitigate the negative effects

of these factors on nearby residential ar-

eas. Any new development or redevelop-

ment in the existing business district

should be designed to be complimentary

to the adjoining residential areas of the

city and to mitigate any traffic, water,

sewer, flood, or other conditions adverse

to the community.

Regulations should be tailored to encour-

age property owners to utilize their prop-

erty to the maximum extent possible in

order to produce adequate revenue to fund

the cost to the city of providing necessary

services.

(4) Public services. Existing public services in

the city are adequate to preserve the high

quality of the city's residential neighbor-

hoods and its small business district. It is

not anticipated that significant expansion

and/or upgrading of existing public facili-

ties will be necessary in the future. How-

ever, the city will need to continue its

program of periodic replacement of public

facilities as those facilities reach their

useful life. Present facilities in the busi-

ness district are appropriate for mainte-

nance or adequate service levels to busi-

ness and commercial interests presently

existing in the business districts. Any new

development, renovation or replacement

of present businesses should be accom-

plished only if there is appropriate and

adequate assurance that the proposed new

development will provide sufficient upgrad-

ing, renovation or addition of appropriate

facilities necessary to serve such new de-

velopment and otherwise not adversely

impact present residential development

or existing business development.

The city's forest canopy and existing green

space contributes to the health, safety

and well-being of the residents of the city

and to the overall quality of life within the

city and efforts should be made to pre-

serve existing trees and green space

through appropriate land use regulations

and maintenance of public areas. Efforts

should be made to educate and inform the

city's residents on the benefits of main-

taining the city's forest canopy and green

space.

The city should encourage the develop-

ment and maintenance of privately owned

landscaped green areas in its residential

neighborhoods. Additional hike and bike

trails should be built and existing trails

maintained. To these ends citizen partic-

ipation should be sought.

(5) Traffic. Existing traffic circulation sys-

tems in the city should be maintained and

be upgraded as needed with adequate

repairs provided in order to insure good

and serviceable streets. Every effort should

be made to preserve the integrity of the

residential neighborhoods within the city.

No zoning ordinance should be adopted

which encourages arterial street circula-

tion within the residential neighborhoods

of the city.

(6) Implementation. The city's land use regu-

lations should provide for protection of

the rights and interests of neighboring

landowners and the general public. These

rights and interests should be protected

by controlling development which could

create or significantly increase glare, light,

shade, traffic, noise, noxious fumes, trash

accumulation, or rainwater runoff to other

landowners.

Every effort should be made by the city to

encourage active participation by all citi-

zens, citizen groups, business owners and


CD43:4Supp. No. 8

business organizations in the planning

and development of the City of Hunters

Creek Village.

(Ord. No. 796, § 2(Exh. A), 5-22-2012)

§ 43-1COMPREHENSIVE PLAN

CD43:5Supp. No. 8

Chapter 44

ZONING*


Sec. 44-1. Short title.Sec. 44-2. Definitions.Sec. 44-3. Validity.Sec. 44-4. Interpretation, purpose and conflict.Secs. 44-5—44-26. Reserved.

Article II. Administration and Enforcement


Sec. 44-27. Administrative official.Sec. 44-28. Requirements for building permit.Sec. 44-29. Existing permits and private agreements.Sec. 44-30. Preserving rights in pending litigation; violations.Sec. 44-31. Procedure for specific use permits.Sec. 44-32. Schedule of fees, charges and expenses.Sec. 44-33. Violation and penalties.Secs. 44-34—44-54. Reserved.

Division 2. Certificates of Occupancy

Sec. 44-55. Requirements.Sec. 44-56. Procedure for new or altered buildings.Sec. 44-57. Procedure for vacant land or a change in use.Sec. 44-58. Contents.Secs. 44-59—44-89. Reserved.

Division 3. Board of Adjustment

Sec. 44-90. Establishment and procedure.Sec. 44-91. Proceedings.Sec. 44-92. Hearings, appeals and notice.Sec. 44-93. Stay of proceedings.Sec. 44-94. Powers and duties.Sec. 44-95. Variances; conditions governing applications; authority and lim-

itations.Sec. 44-96. Voting requirements.Sec. 44-97. Appeal.Sec. 44-98. Duties of administrative official, city council and courts on appeal

matters.Secs. 44-99—44-124. Reserved.

Article III. District Regulations


Sec. 44-125. Establishment of districts.Sec. 44-126. Official zoning map.Sec. 44-127. Rules for the interpretation of district boundaries.

*State law references—Regulation of land use, structures, businesses and related activities, V.T.C.A., Local Government Codech. 211 et seq.; planning and development, V.T.C.A., Local Government Code ch. 371 et seq.

CD44:1Supp. No. 3

Sec. 44-128. Compliance with the regulations.Sec. 44-129. Drainage.Secs. 44-130—44-156. Reserved.

Division 2. District R Single-Family Residential District

Sec. 44-157. Use regulations.Sec. 44-158. Special exceptions to use regulations.Sec. 44-159. Height regulations.Sec. 44-160. Area regulations.Sec. 44-161. Automobile shelters.Sec. 44-162. Accessory structures.Sec. 44-163. Fences and walls.Sec. 44-164. Dish antennas.Sec. 44-165. Home occupations.Sec. 44-166. Emergency electric generators.Secs. 44-167—44-181. Reserved.

Division 3. District B Business District

Sec. 44-182. Use regulations.Sec. 44-183. Maximum height of structures.Sec. 44-184. Area regulations.Sec. 44-185. Off-street parking requirements.Sec. 44-186. Service area requirements.Sec. 44-187. Outdoor storage prohibited.Sec. 44-188. Limitation on signs.Sec. 44-189. District separation requirements.Secs. 44-190—44-216. Reserved.

Article IV. Nonconforming Lots, Uses and Structures

Sec. 44-217. Intent.Sec. 44-218. Nonconforming lots of record.Sec. 44-219. Nonconforming uses of land or land with minor structures only.Sec. 44-220. Nonconforming structures.Sec. 44-221. Nonconforming uses of structures or of structures and premises

in combination.Sec. 44-222. Repairs and maintenance.Sec. 44-223. Uses under special exceptions provisions not nonconforming uses.Secs. 44-224—44-254. Reserved.

Article V. Amendments

Sec. 44-255. Authority.Sec. 44-256. Submission to planning and zoning commission.Sec. 44-257. Public hearing—Planning and zoning commission.Sec. 44-258. Same—City council.Sec. 44-259. Vote required in the event of nonapproval or protest.


CD44:2Supp. No. 3


Sec. 44-1. Short title.

This chapter shall be known and may be citedas "The City of Hunters Creek Village zoningchapter."(Ord. No. 340, § 1, 5-20-1980)


(a) Construction. For the purpose of this chap-ter, certain words and terms are hereby defined.Words used in the present tense shall include thefuture tense; the singular number shall includethe plural number and the plural number shallinclude the singular number. The word "building"shall include the meaning of the word "structure";the word "lot" shall include the meaning of theword "plot", and the term "used for" shall includethe meaning of the terms "designed for" or "in-tended for." The word "shall" is mandatory, notdirective.

(b) Definitions. The following words, terms andphrases, when used in this chapter, shall have themeanings ascribed to them in this section, exceptwhere the context clearly indicates a differentmeaning:

Accessory structure means a structure on thesame lot with, and of a nature customarily inci-dental and subordinate to, the principal struc-ture.

Automobile shelter means a garage or carportso situated on a lot that unobstructed access for astandard size automobile is afforded by a drive-way connecting such garage or carport to thestreet on which such lot abuts.

Building means any structure designed or builtfor the support, enclosure, shelter or protection ofpersons, animals, chattels or property of anykind.

Building area means the area covered by allbuilding and the surface of any tennis court,paddle court or other type of game court, butexcluding driveways, walkways and uncoveredpatios.

Building, height, of means the vertical distanceas measured from the top of slab to the highestpoint of the roof of a building, excluding chim-neys.

Building line means a line parallel or approx-imately parallel to the street line or lot linebeyond which buildings may not be erected.

Carport means a sheltered space with threesides screening its contents from view and suit-able for parking one or more motor vehicles.

Dwelling means the same as single-family dwell-ing.

Dwelling, single-family, means a detached res-idential dwelling, other than a mobile home ortrailer or any structure converted from a mobilehome or trailer, designed and used exclusively forresidential occupancy and having accommoda-tions for and occupied by only one family and noportion of which may be used for the conduct of abusiness, trade or profession.

Family means one or more persons related byblood, adoption or marriage, living together as asingle housekeeping unit. A number of personsnot exceeding two living together as a singlehousekeeping unit though not related by blood,adoption or marriage shall be deemed to consti-tute a family.

Garage means a sheltered space with an oper-able door or doors plus three sides screening itscontents from view and suitable for parking oneor more motor vehicles.

Lot means a parcel of land of at least sufficientsize to meet minimum applicable requirementsfor use, coverage, area and parking, and to pro-vide such yards and other open spaces as areherein required. Such lot shall have frontage on apublic street or on an existing approved privatestreet.

Lot, depth of, refers to the mean horizontaldistance between the front and rear lot lines.

Lot, width of, means the distance between sidelot lines as measured at the front building line.

Nonconforming use, building, structure or yard

means a use, building, structure or yard existinglegally at the time of the passage of the ordinance

§ 44-2ZONING

CD44:3

from which this chapter is derived or of anyamendment thereto, which by reason of design oruse does not conform with the regulations of thedistrict in which it is situated.

Private recreation club means an entity whichprovides indoor and outdoor facilities and equip-ment for sports and recreation, including but notlimited to, tennis courts, pools, saunas, and otherfacilities and equipment associated with fitnessand training, including accessory buildings andstructures, restricted to private membership, andsituated on a site consisting of a minimum of 25contiguous acres.

Servants' quarters means an accessory build-ing or portion of a main building located on thesame lot as the main building and used as livingquarters for servants employed on the premisesand not rented or otherwise used as a separatedomicile.

Service area means a loading area or trashpick-up area.

Sexually oriented business shall have the samemeaning as "sexually oriented business" as thatterm is defined in V.T.C.A., Local GovernmentCode ch. 243, and shall include but not be limitedto an adult arcade, adult bookstore or adult videostore, adult cabaret, adult motel, adult motionpicture theater, adult tanning salon, adult the-ater, escort agency, nude modeling studio, sexualencounter center or any other commercial enter-prise, the primary business of which is the offer-ing of a service or the selling, renting or exhibit-ing of devices or any other items intended toprovide sexual stimulation or sexual gratificationto the customer. Such uses shall be allowed onlyas specifically authorized under the terms of thischapter. The determination of what constitutes asexually oriented business shall be made by thepolice chief or his designee, and such determina-tion shall be appealable to the zoning board ofadjustment.

Sign, on-site, refers to a sign relating in itssubject matter to the premises on which it islocated, or to products, accommodations, servicesor activities on the premises.

Special exception means a use that would notbe appropriate generally or without restriction

throughout the zoning district but would, if con-trolled as to number, area, location or relation tothe neighborhood, promote the property held,safety, welfare, morals, order, comfort, conve-nience, appearance, prosperity or general welfare.Such uses may be permitted in a zoning districtas special exceptions, only if specific provision forsuch special exception is made in this chapter.

Street means a public or private thoroughfarewhich affords a principal means of access toabutting property.

Street line means the right-of-way line of astreet.

Structure means anything constructed or erectedwhich requires permanent location on the groundor is attached to something having a permanentlocation on the ground, including but not limitedto signs, billboards, poster panels, swimming pools,tennis courts, paddle courts or game-type courts.Yard lights, bird baths, flagpoles, fountains andsimilar items are not considered as structuresherein.

Variance means a relaxation of the terms ofthis chapter where such variance will not becontrary to the public interest and where, becauseof conditions peculiar to the property and not theresult of the actions of the applicant, a literalenforcement of the chapter would result in unnec-essary and undue hardship.

Yard means an open space at grade between abuilding and the adjoining lot lines, unoccupiedand unobstructed by any portion of a structurefrom the ground upward, except as otherwisepermitted herein. In measuring a yard for thepurpose of determining the width of a side yard,the depth of a front yard, or the depth of a rearyard, the minimum horizontal distance betweenthe lot line and the edge of the structure or mainbuilding shall be used. For the purpose of suchmeasurement, the eave line of a roof may projecta maximum of 30 inches into the required yards.

Yard, front, means a yard extending across thefront of a lot between the side lot lines and beingthe minimum horizontal distance between thestreet right-of-way line and the main building.


CD44:4

Yard, rear, means a yard extending across therear of a lot and being the required minimumhorizontal distance between the rear lot line andthe rear of the main building or any projectionsthereof other than the projections of uncoveredsteps, uncovered patios and decks that do notexceed one foot in height above finished grade, orunenclosed and uncovered balconies not morethan four feet in depth, supported only by themain building with no additional independentsupports. On all lots, the rear yard shall be to therear of the front yard.

Yard, side, means a yard between the mainbuilding and the adjacent side line of the lot andextending from the required front yard to therequired rear yard, and being the minimum hor-izontal distance between an adjacent side lot lineand any edge or face of the main building.(Ord. No. 340, § 19, 5-20-1980; Ord. No. 446, § 1,9-13-1989; Ord. No. 553, 3-16-1999; Ord. No. 583,3-20-2001; Ord. No. 637, § 1, 12-21-2004; Ord. No.657, § 1, 2-21-2006; Ord. No. 665, § 1, 4-18-2006)

Sec. 44-3. Validity.

If any section, paragraph, subdivision, clause,phrase or provision of this chapter shall be ad-judged invalid or held unconstitutional the sameshall not affect the validity of this chapter as awhole or any part or provisions hereof, other thanthe part so decided to be invalid or unconstitu-tional.(Ord. No. 340, § 20, 5-20-1980)

Sec. 44-4. Interpretation, purpose and con-

flict.

In interpreting and applying the provisions ofthis chapter, they shall be held to be the minimumrequirements for the promotion of the publicsafety, health, convenience, comfort, prosperity orgeneral welfare. It is not intended by this chapterto interfere with or abrogate or annul any ease-ments, covenants or other agreements betweenparties; provided, however, that where this chap-ter imposes greater restrictions including but notlimited to those upon the use of buildings orpremises or upon height of buildings than are

imposed by other ordinances, rules, regulations orby easements, covenants or agreements, the pro-vision of this chapter shall govern.(Ord. No. 340, § 21, 5-20-1980)


ARTICLE II. ADMINISTRATION AND

ENFORCEMENT


Sec. 44-27. Administrative official.

(a) The provisions of this chapter shall beadministered and enforced by the building officialof the city. The building official or any dulyauthorized person shall have the right to enterupon any premises at any reasonable time for thepurpose of making inspections of buildings orpremises necessary to carry out his duties in theenforcement of this chapter.

(b) Whenever any construction work is beingdone contrary to the provisions of this chapter,the building official may order the work stoppedby notice in writing served on the owner, residentor contractor doing or causing such work to bedone, and any such person shall forthwith stopsuch work until authorized by the building officialto proceed with the work.(Ord. No. 340, § 10-1, 5-20-1980)

Sec. 44-28. Requirements for building per-

mit.

(a) No person shall erect, construct, remodel,enlarge, improve, alter or convert any building,structure or fence or cause the same to be donewithout first obtaining a building permit therefor.All applications for building permits shall beaccompanied by accurate plot plans, submitted induplicate, drawn to scale, showing:

(1) The actual shape and dimensions of thelot to be built upon.

(2) The exact sizes and locations on the lot ofthe buildings and accessory buildings thenexisting.

§ 44-28ZONING

CD44:5

(3) The lines within which the proposed build-ing or structure shall be erected or al-tered.

(4) The existing and intended use of eachbuilding or part of building.

(5) The land upon which the proposed build-ing or work is to be done shall be de-scribed, either by lot, block or tract, orsimilar general description that will readilyidentify and definitely locate the proposedbuilding or work. The building or struc-ture to be constructed or the enlargement,moving, improving, alteration, conversionor reroofing operation to be undertakenshall be described in sufficient detail sothat the work to be done will be readilyapparent.

(6) Such other information with regard to thelot and neighboring lots as may be reason-ably requested by the building inspectorto determine the applicability of, and pro-vide for the enforcement of, this chapter.

(b) One copy of such plot plans will be returnedto the owner when such plans have been ap-proved. An inspection period of as much as twoweeks shall be allowed for inspection of plansbefore a permit shall be issued. All dimensionsshown on these plans relating to the location andsize of the lot to be built upon shall be based on anactual survey by a qualified registered surveyorand the lot shall be staked out on the groundbefore construction is started.(Ord. No. 340, § 10-2, 5-20-1980)

Sec. 44-29. Existing permits and private

agreements.

This chapter is not intended to abrogate orannul:

(1) Any permits issued before the effectivedate of this chapter.

(2) Any easement, covenant or deed restric-tion, except that in the event of a conflictbetween this chapter and any easement,covenant or deed restriction, the terms ofthis chapter shall be controlling.

(Ord. No. 340, § 10-3, 5-20-1980)

Sec. 44-30. Preserving rights in pending lit-

igation; violations.

By the passage of this chapter, no presentlyillegal use shall be deemed to have been legalizedunless specifically such use falls within a usedistrict where the actual use is a conforming use.Otherwise, such uses shall remain nonconforminguses where recognized, or an illegal use, as thecase may be. It is further the intent and declaredpurpose of this chapter that no offense committedand no liability, penalty or forfeiture, either civilor criminal, shall be discharged or affected by theadoption of this chapter; but prosecutions andsuits for such offenses, liabilities, penalties orforfeitures may be instituted or causes presentlypending be proceeded with in all respects as ifsuch prior chapter had not been repealed.(Ord. No. 340, § 10-4, 5-20-1980)

Sec. 44-31. Procedure for specific use per-

mits.

A specific use permit is considered an amend-ment to the zoning chapter of the city, and allprocedures outlined in this section, article V per-taining to amendments and V.T.C.A., Local Gov-ernment Code ch. 211, shall be followed in pro-cessing a request for a specific use permit.

(1) Posted notice. In addition to the noticerequired for changes to district bound-aries, district regulations, or district clas-sifications, an applicant for a specific usepermit shall post on each side of theproperty that abuts a public or privatestreet, a sign containing the followinginformation:

a. The name of the property owner andthe applicant, if different;

b. The use for which a specific usepermit is sought; and

c. The dates, times and places of thepublic hearings to be held before theplanning and zoning commission andthe city council.

The sign shall be erected a minimum often days prior to the date of the firstpublic hearing before the planning andzoning commission, and shall remain on


CD44:6

the property for ten days following thepublic hearing and action by city council.

The sign shall be placed on the propertyin a location that is clearly visible fromthe abutting street and shall be of a sizesufficient to include all of the above infor-mation. The sign shall be constructed ofsturdy materials that are resistant towater. The text of the sign shall be inletters that are a minimum of four inchesin height.

(2) Standards for development. The city coun-cil, on own initiative, or upon recommen-dation from the planning and zoning com-mission, may impose such standards fordevelopment and use of the site as will, inits opinion, ensure that the proposed de-velopment and use will be compatiblewith adjacent land uses. Such standardsmay include, without limitation, fencing,screening, lighting, ingress and egress,and hours of operation.

(Ord. No. 340, § 15, 5-20-1980; Ord. No. 552,3-16-1999; Ord. No. 705, § 2, 11-6-2007)

Sec. 44-32. Schedule of fees, charges and ex-

penses.

(a) The city council shall establish a scheduleof fees, charges and expenses and a collectionprocedure for building permits, certificates ofzoning compliance, special exceptions, changes indistrict classification, appeals and other matterspertaining to this chapter. The schedule of feesshall be maintained in the office of the citysecretary and in the office of the administrativeofficial and may be altered or amended only bythe city council.

(b) Until all applicable fees, charges and ex-penses have been paid in full, no action shall betaken on any application or appeal.(Ord. No. 340, § 16, 5-20-1980)

Sec. 44-33. Violation and penalties.

Any person who shall violate any of the provi-sions of this chapter or who shall fail to complytherewith or with any of the requirements thereof,or who shall erect or alter any building or whoshall commence to erect or alter any building in

violation of any detailed statement of plan sub-mitted or approved thereunder, shall for each andevery violation or noncompliance be deemed guiltyof a misdemeanor and upon conviction shall befined not more than $200.00, and each day suchviolation shall be permitted to exist shall consti-tute a separate offense. The owner of that build-ing or premises or part thereof where anything inviolation of this chapter shall be placed or shallexist, and any architect or builder who may haveassisted in the commission of any such violationshall each be guilty of a separate offense and uponconviction shall be subject to the penalties hereinprovided.(Ord. No. 340, § 18, 5-20-1980)


DIVISION 2. CERTIFICATES OFOCCUPANCY

Sec. 44-55. Requirements.

Certificates of occupancy shall be required forany of the following:

(1) Occupancy and use of a building hereaftererected or structurally altered.

(2) Change in use of an existing building to ause of a different classification.

(3) Occupancy and use of vacant land.

(4) Change in the use of land to a use of adifferent classification.

(5) Any change in the use of a conforminguse.

No such occupancy, use or change of use shalltake place until a certificate of occupancy thereforshall have been issued by the building inspector.(Ord. No. 340, § 11-1, 5-20-1980)

Sec. 44-56. Procedure for new or altered

buildings.

Written application for a certificate of occu-pancy for a new building or for an existing build-ing which is to be altered shall be made at thesame time as the application for the buildingpermit for such building. Such certificate shall beissued within ten days after a written request for

§ 44-56ZONING

CD44:7Supp. No. 1

the same has been made to such building inspec-tor or his agent after the erection or alteration ofsuch building or part thereof has been completedand building inspector finds that such building isin conformity with the provisions of this chapter.(Ord. No. 340, § 11-2, 5-20-1980)

Sec. 44-57. Procedure for vacant land or a

change in use.

Written application for a certificate of occu-pancy for the use of vacant land, or for a change inthe use of land or a building or for a change in anonconforming use, as herein provided, shall bemade to such building inspector. If the proposeduse is in apparent conformity with the provisionsof this chapter, the certificate of occupancy there-for shall be issued within five days after theapplication for same has been made.(Ord. No. 340, § 11-3, 5-20-1980)

Sec. 44-58. Contents.

Every certificate of occupancy shall state thatthe building or the proposed use of a building orland complies with all provisions of law. A recordof all certificates of occupancy shall be kept on filein the office of the building inspector or his agentand copies shall be furnished on request to anyperson having proprietary or tenancy interests inthe building or land affected.(Ord. No. 340, § 11-4, 5-20-1980)


DIVISION 3. BOARD OF ADJUSTMENT

Sec. 44-90. Establishment and procedure.

(a) A board of adjustment is established andshall consist of five regular members and fouralternate members to be appointed by the citycouncil to numbered positions. The terms of officefor each position shall be two years and shall bestaggered as follows.

(1) The terms of office for regular positions 1,2, and 3 and alternate positions 6 and 7shall expire on July 1, 2008 and on July 1of each second successive year thereafter;

(2) The terms of office for regular positions 4and 5 and alternate positions 8 and 9shall expire on July 1, 2009 and on July 1of each second successive year thereafter;

(3) Any regular or alternate member servingin a position for which the term has ex-pired shall continue to serve until thatmember's successor in that position isappointed and confirmed.

(4) Vacancies in a position on the board shallbe filled by the city council for the unex-pired portion of the term for that position.

(b) The city council may remove a regular oralternate member of the board for cause uponpresentment of written charges and after a publichearing.

(c) Regular and alternate members are ex-pected to attend meetings regularly. Any regularor alternate member who misses two consecutivemeetings, or 25 percent of the called meetings ina single calendar year, will be subject to removalfor cause unless the member's absence is excusedby the mayor upon proof of substantial extenuat-ing circumstances.

(d) Alternate members shall serve in the ab-sence of one or more regular members whenrequested by the mayor.(Ord. No. 340, § 12, 5-20-1980; Ord. No. 689, § 1,6-26-2007)

Sec. 44-91. Proceedings.

(a) The board of adjustment shall adopt rulesnecessary to the conduct of its affairs and inkeeping with the provisions of this chapter. Meet-ings shall be held at the call of the chairman andat such other times as the board may determine.The chairman, or in his absence the acting chair-man, may administer oaths and compel the atten-dance of witnesses. All meetings shall be open tothe public.

(b) The board of adjustment shall keep min-utes of its proceedings showing the vote of eachmember upon each question, or if absent or failingto vote indicating such fact, and shall keep records


CD44:8Supp. No. 1

of its examinations and all of which shall beimmediately filed in the office of the board andshall be a public record.(Ord. No. 340, § 12-1, 5-20-1980)

Sec. 44-92. Hearings, appeals and notice.

(a) Appeals to the board of adjustment concern-ing interpretation or administration of this chap-ter may be taken by any person aggrieved or byany officer, department, board or bureau of thecity affected by the decision of the administrativeofficial. Such appeals shall be taken within areasonable time, not to exceed 30 days, by filingwith the officer from whom the appeal is takenand with the board of adjustment a notice ofappeal specifying the grounds thereof. The officerfrom whom the appeal is taken shall forthwithtransmit to the board all the papers constitutingthe record upon which the action appealed fromwas taken.

(b) The board of adjustment shall fix a reason-able time for the hearing of the appeal, give publicnotice thereof, as well as due notice to the partiesin interest, and decide the same within a reason-able time. At the hearing any party may appear inperson or by agent or by attorney.(Ord. No. 340, § 12-2, 5-20-1980)

§ 44-92ZONING

CD44:8.1Supp. No. 1

Sec. 44-93. Stay of proceedings.

An appeal stays all proceedings in furtheranceof the action appealed from, unless the office fromwhom the appeal is taken certifies to the board ofadjustment after the notice of appeal shall havebeen filed with him/her that by reason of factsstated in the certificate, a stay would, in hisopinion, cause imminent peril to life or property.In such case proceedings shall not be stayed otherthan by a restraining order which may be grantedby the board of adjustment or by a court of recordon application, on notice to the officer from whomthe appeal is taken and on due cause shown.(Ord. No. 340, § 12-3, 5-20-1980)

Sec. 44-94. Powers and duties.

The board of adjustment shall have the follow-ing powers and duties:

(1) Administrative review. To hear and decideappeals where it is alleged there is errorin any order, requirement, decision ordetermination made by an administrativeofficial in the enforcement of this chapter.

(2) Special exceptions; conditions governing

applications; procedures. To hear and de-cide only such special exceptions as theboard of adjustment is specifically autho-rized to pass on by the terms of thischapter; to decide such questions as areinvolved in determining whether specialexceptions should be granted; and to grantspecial exceptions with such conditionsand safeguards as are appropriate underthis chapter, or to deny special exceptionswhen not in harmony with the purposeand intent of this chapter. A special excep-tion shall not be granted by the board ofadjustment unless and until:

a. A written application for a specialexception is submitted indicating thesection of this chapter under whichthe special exception is sought andstating the grounds on which it isrequested.

b. Notice shall be given at least 15 daysin advance of public hearing. Theowner of the property for which spe-

cial exception is sought or for hisagent shall be notified by mail. No-tice of such hearing shall be pub-lished in a newspaper of generalcirculation in the city and posted ina public place in the city at least 15days prior to the public hearing.

c. A public hearing shall be held. Anyparty may appear in person or byagent or attorney.

d. The board of adjustment shall makea finding that it is empowered byspecific language in the section ofthis chapter described in the appli-cation to grant the special exception,and that the granting of the specialexception will not adversely affectthe public interest.

e. Before any special exception shallissue, the board shall make writtenfindings certifying compliance withthe specific rules governing individ-ual special exceptions and that sat-isfactory provision and arrangementhas been made concerning the follow-ing, where applicable:

1. Ingress and egress to propertyand proposed structures thereonwith particular reference to au-tomotive and pedestrian safetyand convenience, traffic flow andcontrol and access in case offire or catastrophe;

2. Off-street parking and loadingareas where required, with par-ticular attention to the subsec-tion (2)e(1) of this section andthe economic, noise, glare orodor effects of the special excep-tion on adjoining properties andproperties generally in the dis-trict;

3. Refuse and service areas, withparticular reference to the itemsin subsections (2)e(1) and (2)e(2)of this section;

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4. Utilities, with reference to loca-tions, availability and compat-ibility;

5. Screening and buffering withreference to type, dimensionsand character;

6. Proposed exterior lighting withreference to glare, safety, eco-nomic effect and compatibilityand harmony with propertiesin the district;

7. Required yards and other openspace;

8. General compatibility with ad-jacent and other property inthe district.

(Ord. No. 340, §§ 13-1, 13-2, 5-20-1980)

Sec. 44-95. Variances; conditions governing

applications; authority and limi-

tations.

(a) The board of adjustments shall have thepower to authorize upon appeal in specific casessuch variance from the terms of this chapter aswill not be contrary to the public interest where,owing to special conditions, a literal enforcementof the provisions of this chapter would result inunnecessary hardship, and so that the spirit ofthe chapter shall be observed and substantialjustice done. In exercising such powers of vari-ance, the board may, in conformity with theprovisions of this chapter, reverse or affirm, whollyor partly, or may modify the order, requirement,decision or determination appealed from and makesuch order, requirement, decision or determina-tion as ought to be made, and to that end theboard shall have all the powers of the officer oragency from whom the appeal is taken.

(b) In granting any variance or special excep-tion, the board of adjustment may describe appro-priate conditions and safeguards in conformitywith this chapter. Violations of such conditionsand safeguards, when made a part of the termsunder which the variance or special exception isgranted, shall be deemed a violation of this chap-ter.

(c) Under no circumstances shall the board ofadjustment grant a variance to allow a use notpermissible under the terms of this chapter in thedistrict involved, or any use expressly or impliedlyprohibited by the terms of this chapter in suchdistrict.

(d) A variance is authorized only for height,area and size of structure or size of yards andopen spaces unless otherwise provided herein.Establishment or expansion of a use otherwiseprohibited shall not be allowed by a variance, norshall a variance be granted because of the pres-ence of nonconformities in the zoning district oruses in an adjoining zoning district.(Ord. No. 340, § 13-3, 5-20-1980)

Sec. 44-96. Voting requirements.

The concurring vote of four members of theboard shall be necessary to reverse any order,requirement, decision or determination of an ad-ministrative official, or to decide in favor of theapplicant on any matter upon which it is requiredto pass under this chapter or to effect any varia-tion in the application of this chapter.(Ord. No. 340, § 13-4, 5-20-1980)

Sec. 44-97. Appeal.

Any person, jointly or severally, aggrieved byany decision of the board of adjustment, or anytaxpayer, or any officer, department, board orbureau of the city may seek review by a court ofrecord of such decision in the manner provided bythe laws of the state, particularly V.T.C.A., LocalGovernment Code § 211.011.(Ord. No. 340, § 14, 5-20-1980)

Sec. 44-98. Duties of administrative official,

city council and courts on ap-

peal matters.

(a) It is the intent of this chapter that allquestions of interpretation and enforcement shallbe first presented to the administrative official,and that such questions shall be presented to theboard of adjustment only on appeal from thedecision of the administrative official, and thatrecourse from decisions of the board of adjust-


CD44:10

ment shall be to the courts in the manner pro-vided by law, particularly V.T.C.A., Local Govern-ment Code § 211.011.

(b) It is further the intent of this chapter thatthe duties of the city council in connection withthis chapter shall not include hearing and decid-ing questions of interpretation and enforcementthat may arise. The procedure for deciding suchquestions shall be as stated in this section andthis chapter. Under this chapter the city councilshall have only the duties of considering andadopting or rejecting proposed amendments orthe repeal of this chapter, as provided by law, andof establishing a schedule of fees and charges asstated in section 44-32.(Ord. No. 340, § 15, 5-20-1980)


ARTICLE III. DISTRICT REGULATIONS


Sec. 44-125. Establishment of districts.

The city is hereby divided into two districts:

(1) District R single-family residential dis-trict.

(2) District B business district.(Ord. No. 340, § 2, 5-20-1980)

Sec. 44-126. Official zoning map.

(a) The boundaries of the two districts of thecity are defined and established as depicted onthe map entitled, "Official Zoning Map of the Cityof Hunters Creek Village, Texas" which is anintegral part of this chapter. The official zoningmap shall be identified by the signature of themayor, attested by the city secretary, and bear thefollowing: "This is to certify that this is the officialzoning map of the City of Hunters Creek Village,Texas adopted on the 20th day of May, 1980." If inaccordance with the provisions of this chapter,changes are made in district boundaries or othermatters portrayed on the official zoning map,such changes shall be made to the official zoningmap after amendment has been approved by the

city council, together with an entry on the officialzoning map as follows: "On day of

, , by official action of the citycouncil of the City of Hunters Creek Village, thefollowing change(s) were made: (brief descriptionwith reference number for amending ordinance)."

(b) The official zoning map shall be main-tained and kept up-to-date in the office of the citysecretary, shall be accessible to the public, andshall be the final authority as to the currentzoning status of properties in the city, except tothe extent it fails to record a change implementedby a validly enacted ordinance. If the officialzoning map becomes damaged, destroyed, lost,obsolete or difficult to interpret because of thenature of number of changes made thereto, thecity council may, by ordinance, adopt a new offi-cial zoning map which shall supersede the priorofficial zoning map. The revised zoning map, shallbe identified by the signature of the mayor, at-tested by the city secretary and bear the seal ofthe city under the following words: "This is tocertify that this is the official zoning map referredto in the ordinance of the City of Hunters CreekVillage, adopted on day of

, , which replaces and super-sedes the official zoning map which was adoptedon May 20, 1980."

Sec. 44-127. Rules for the interpretation of

district boundaries.

Where uncertainty exists with respect to theboundaries of any of the aforesaid districts asshown on the zoning map, the following rulesshall apply:

(1) Where the district boundaries are indi-cated as approximately following thecenterlines of streets or street right-of-way lines, such centerlines or street right-of-way lines shall be construed to be suchboundaries.

(2) Where the district boundaries are indi-cated as approximately following lot lines,such lot lines shall be construed to besuch boundaries.

(3) Where district boundaries are indicatedas approximately parallel to streetcenterlines or street right-of-way lines,

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such district boundaries shall be con-strued as being parallel thereto and atsuch distance therefrom as indicated onthe zoning map. If no distance is given,such dimension shall be determined bythe use of the scale on such zoning map.

(4) In unsubdivided property, the districtboundary lines on the zoning map shall bedetermined by use of the scale appearingon such map.

(5) Whenever any street is vacated by officialaction of the city council, the zoning dis-trict adjoining each side of such streetshall be automatically extended to thecenterline of the property thus vacatedand all area included in the vacation shallthen and henceforth be subject to all reg-ulations of the extended districts.

(6) Where streets or other landmarks on theground differ from the streets or land-marks as shown on the zoning map, thestreets or landmarks on the ground shallcontrol.

(Ord. No. 340, § 4, 5-20-1980)

Sec. 44-128. Compliance with the regula-

tions.

Compliance to the following regulations arerequired, except as hereinafter specifically pro-vided:

(1) No land shall be used except for a purposepermitted in the district in which it islocated.

(2) No building shall be erected, converted,enlarged, reconstructed, moved or struc-turally altered, nor shall any building beused, except for a use permitted in thedistrict in which such building is located.

(3) No building shall be erected, converted,enlarged, reconstructed or structurally al-tered to exceed the height limit hereinestablished for the district in which suchbuilding is located.

(4) No building shall be erected, converted,enlarged, reconstructed or structurally al-

tered except in conformity with the arearegulations of the district in which suchbuilding is located.

(5) No building shall be erected or structur-ally altered to the extent specifically pro-vided for herein except in conformity withthe off-street parking and loading provi-sions for the district in which such build-ing is located.

(6) The minimum yards, parking spaces andopen spaces, including lot area per family,required by this chapter for each andevery building existing at the time ofpassage of this chapter or for any buildinghereafter erected shall not be encroachedupon or considered as part of the yard orparking space or open space required forany other building, nor shall any lot areabe reduced below the requirements of thischapter for the district in which such lot islocated.

(7) Every building hereafter erected or struc-turally altered shall be located on a lot asherein defined and, except as hereinafterprovided, there shall not be more thanone main building on one lot.

Sec. 44-129. Drainage.

The entire area of any improved lot or tractwithin the city shall be drained in such a manneras to carry off all stormwater to a public right-of-way, drainage ditch or storm sewer.(Ord. No. 340, § 8, 5-20-1980)


DIVISION 2. DISTRICT R SINGLE-FAMILYRESIDENTIAL DISTRICT

Sec. 44-157. Use regulations.

Buildings and premises in district R shall beused for the following purposes:

(1) Single-family dwellings.

(2) Temporary buildings for uses incidentalto construction work on the premises,


CD44:12

which buildings shall be removed uponthe completion or abandonment of con-struction work.

(3) Accessory buildings and other structurescustomarily incident to the above uses,located on the same lot or tract, and,except as provided below, not involvingthe conduct of a business, trade or profes-sion. No billboard, signboard, advertisingsign or any other form of posted noticeshall be permitted as an accessory use,except as provided below.

a. No billboard, signboard, advertisingsign, or other form of posted noticeshall be located upon a city street orright-of-way.

b. No billboard, signboard, advertisingsign, or other form of posted noticeshall be illuminated or contain anymoving parts, except as specificallyprovided below.

c. A billboard, signboard, advertisingsign or any other form of postednotice that is permitted as providedbelow may be single or double-faced.

d. The following signs shall be permit-ted.

1. Real estate signs. A single "ForSale" or "For Lease" sign maybe displayed on the lot or tractto which the sign refers. Nosign face shall exceed six squarefeet in area, and the sign, in-cluding any part of its struc-ture, shall not exceed five feetin height.

2. Contractor signs. A single signcontaining information on a con-tractor that is currently per-forming work on a lot or tractmay be displayed on the lot ortract where the work is beingperformed. No sign face shallexceed six square feet in area,and the sign shall be removedimmediately upon completionof the work.

3. Institutional signs. Churchesand other institutions may dis-play one or more signs contain-ing information on the churchor institution's name, and theactivities and services providedon the premises where the signsare displayed. No sign face shallexceed eight square feet in area.The signs may be illuminated,provided that the intensity anddirection of the illumination isreasonably controlled to avoidundue interference with the useof neighboring residential prop-erties. Larger signs may be al-lowed only by specific use per-mit.

4. Private security signs. A singlesign announcing that a resi-dence is protected by a privatesecurity company may be dis-played. No sign face shall ex-ceed two square feet in area.

5. Alarm or security system signs.

A single sign announcing that aresidence has a burglar alarmor other security system in-stalled may be displayed. Nosign face shall exceed two squarefeet in area.

6. Political signs. One or more tem-porary signs used in connectionwith political campaigns maybe displayed, provided suchsigns are removed within fivedays following the conclusion ofsuch campaign. No sign faceshall exceed 36 square feet inarea and no sign shall exceedeight feet in height.

7. Required signs. Any sign re-quired by the city or any othergovernmental authority with ju-risdiction over the property.

(4) To be permitted as accessory structures oruses, an unlighted outdoor tennis court orgame court must be set back at least 25feet from the nearest lot line; lighted

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CD44:13Supp. No. 3

outdoor tennis courts and game courtsmust be set back at least 100 feet from thenearest lot line. No more than one tenniscourt or game court shall be permitted ona lot. Any tennis court or game court shallbe buffered by shrubbery or otherwise soas to minimize noise from activities onsuch court.

(5) Swimming pools.

a. Generally. An outdoor swimming poolshall be permitted as an accessoryuse or structure provided that itmeets the following requirements:

1. It must be located in the backor side yard;

2. It must be set back a minimumof ten feet from the rear lotline, unless the rear lot line ofthe subject lot abuts the sidelot line of another lot, in whichcase the pool must be set back aminimum of 15 feet from therear lot line;

3. It must be set back a minimum15 feet from any side lot line.

b. Special exceptions. The board of ad-justment may grant a special excep-tion reducing the minimum setbackdistance to no less than five feet fornonconforming lots as defined in sec-tion 44-218(b)(1)b. of this chapter.

1. In order to grant a special ex-ception the board must find thatbecause the subject lot is ofsuch unusual size or shape, orbecause it has valuable treeslocated in the rear or side yards,it would be impractical to lo-cate a reasonably sized pool onthe lot without either reducingthe minimum setbacks or re-moving valuable trees.

2. The board must also find thatthe granting of a special excep-tion permitting a reduced setback would not be unduly harm-ful to the owners of the lot orlots abutting the side of the

subject lot for which a reducedsetback is required. In makingsuch determination the boardmay consider the location andorientation of any existing im-provements on the subject lotand any abutting lots.

3. The board may condition thegranting of a special exceptionas necessary to protect the in-terests of abutting property own-ers and to further the intent ofthe set back requirements. Con-ditions may include: a) requir-ing the applicant to design thepool or related improvementsto minimize the impact of itslocation or use on neighboringproperty owners; b) requiringthe applicant to take necessarymeasures to protect and main-tain any valuable trees thatserved as a basis for grantingthe special exception; and c)such other conditions as theboard deems necessary.

(6) Parks, playgrounds, recreational facili-ties, public services and fire and policeservices owned by the city or by a publicentity acting at the request of the city.

(7) Uses permitted by specific use permit:

a. Personal wireless service facilities.

1. Facilities for the provision ofpersonal wireless service, in-cluding structures commonlyknown as cellular towers, andancillary buildings, equipmentand related structures may beallowed in this district follow-ing approval of a specific usepermit by city council. Pro-vided, however, that no specificuse permit for a personal wire-less services facility shall beapproved if:

i. The proposed facility wouldadversely affect the resi-


CD44:14Supp. No. 3

dential integrity or safetyof adjacent or area neigh-borhoods; or

ii. The proposed facility wouldcreate visual blight; or

iii. The proposed facility wouldcreate noise or light pollu-tion; or

iv. The proposed facility wouldcreate a nuisance to adja-cent or area properties.

2. Further, in order to obtain aspecific use permit for a per-sonal wireless service facility,the applicant must establishthat:

i. The applicant cannot pro-vide service to the city fromother available locationsor existing facilities; and

ii. The proposed facility wouldutilize state of the art tech-nology to achieve its objec-tives; and

iii. The proposed facility wouldcomply with all safetystandards promulgated bythe Federal Communica-tions Commission or otheragency having jurisdictionthereover.

b. Private recreation club.(Ord. No. 340, § 6-1, 5-20-1980; Ord. No. 431, § 1,1-26-1988; Ord. No. 573, 5-16-2000; Ord. No. 717,§ 1, 3-25-2008; Ord. No. 729, § 1, 11-18-2008)

Sec. 44-158. Special exceptions to use regu-lations.

After a public notice and hearing and appropri-ate safeguards and conditions, the board of ad-justment may permit, as special exceptions, usesin district R which do not comply with subsection44-157, by the following:

(1) Public schools.

(2) Utility substations and pump stations de-signed to serve some portion of the city.

(3) Churches; provided, however, a churchshall only be permitted on a tract of landof five acres or more and shall have ade-quate parking to provide one parking spaceon church property for each two membersor for each two additional members orguests.

(Ord. No. 340, § 6-2, 5-20-1980)

Sec. 44-159. Height regulations.

District R requirements for the maximum heightof a building located on a lot less than 40,000square feet in size shall not exceed 35 feet. Themaximum height of a building located on a lot40,000 square feet or greater in size shall notexceed 38 feet, provided that the required sideyards and required rear yard are each increasedby an additional five feet. The top of slab may beup to 24 inches higher than required by all otherapplicable codes and may be added without affect-ing the maximum allowed height. For any eleva-tion amount exceeding the 24 inches allowanceabove, the allowed height of the building shall bediminished by an equal amount. The buildingheight limitation provided in this section shall notapply to church steeples. Aerial antennas shallnot exceed a height of 45 feet as measured fromthe top of slab.(Ord. No. 340, § 6-3, 5-20-1980; Ord. No. 657, § 2,2-21-2006)

Sec. 44-160. Area regulations.

The following area regulations shall apply indistrict R:

(1) Size of lot.

a. Lot area. No building shall be con-structed on any lot having less than22,500 square feet.

b. Lot width. The width of the lot shallbe not less than 75 feet at the frontbuilding line, nor shall its averagewidth be less than 75 feet.

c. Lot depth. The average depth of thelot shall not be less than 120 feet.

d. Exceptions. Where a lot having lessarea, width or depth than hereinrequired existed in separate owner-

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ship of record on March 25, 1955, theregulations relating to the size of thelot in this section shall not prohibitthe erection of a single-family dwell-ing thereon.

(2) Size of yards.

a. Front yard. There shall be a frontyard having a depth of not less than50 feet. Where lots have double front-age running through from one streetto another, the required front yardshall be provided on both streets.For computation of front yard depth,the building shall not be less than 70feet minimum from the building tothe center of the street, whetherpublic or private, and not less than50 feet from the edge of the streeteasement or right-of-way; provided,however, that a front yard on a turncircle shall have a front yard depthnot less than 35 feet from the streetright-of-way line and not less than70 feet from the center of a turncircle.

b. Side yard. There shall be two sideyards on each lot, having a combinedwidth of not less than 35 feet; nei-ther of such side yards shall be lessthan 15 feet in width. A side yardadjacent to a side street shall not beless than 20 feet in width.

c. Rear yard. There shall be a rear yardhaving a depth of not less than 25feet.

(3) Size of building.

a. Building area. The building area,exclusive of outdoor swimming pools,shall not exceed 25 percent of the lotarea. Tennis courts, paddle ball andgame courts are included in the com-putation of building area.

b. Dwelling area. Each single-familydwelling must be so designed andconstructed that it shall have a min-imum space of enclosed living areaof 2,000 square feet, exclusive of

porches and automobile shelters. Atleast 1,500 square feet of such en-closed living area shall be containedon the ground floor. Living area shallbe computed from the exterior wallsurface.

(Ord. No. 340, § 6-4, 5-20-1980; Ord. No. 666, § 1,4-18-2006)

Sec. 44-161. Automobile shelters.

The following shall apply to automobile shel-ters in district R:

(1) Minimum size. Every single-family dwell-ing must have at least a 200 square footgarage; or a 200 square foot carport and a100 square foot completely enclosed stor-age room with an outside door. Subject tothe following exceptions, all automobileshelters must meet the setback require-ments of the dwelling; and the opening ofthe automobile shelter shall face the rearof the lot, provided, however,

a. An automobile shelter, if not at-tached to the dwelling, may be lo-cated not closer than five feet fromthe rear lot line and not closer thanfive feet distance from the side lotline unless such line abuts a street,in which event the automobile shel-ter shall be located at least 20 feetfrom such side street line.

b. An automobile shelter opening mayface toward the front street providedsuch opening is at least 50 feet to therear of the front line of the dwelling.

c. An automobile shelter opening mayface toward the side line of the lot,provided that:

1. Such opening will not face astreet;

2. The front edge of such openingwill not be forward of the frontline of the residence;

3. Such opening will be at least 28feet from the side lot line.

(2) Driveways. No driveway shall have entryonto Memorial Drive or Voss Road if the


CD44:16Supp. No. 6

lot or tract upon which the driveway is

located has access or is contiguous to

another street within the city.

(Ord. No. 340, § 6-5, 5-20-1980; Ord. No. 659, § 1,

12-20-2005; Ord. No. 764, § 1, 1-25-2011)

Sec. 44-162. Accessory structures.

The following shall apply to accessory struc-

tures, except as specifically permitted by this

chapter:

(1) No accessory structure shall be erected in

front of the front line of the residence.

(2) No separate accessory structure or auto-

mobile shelter shall be erected within five

feet of any property line or other building.

(3) Any servants' quarters or structure con-

taining living space must comply with

building line setbacks of the main struc-

ture.

(4) No accessory structure may exceed one

story in height, except as provided below.

A detached garage may include habitable

space, not including kitchen facilities, above

the first floor, if the detached garage com-

plies with the same yard, setback, and

other location requirements as the main

residence.

(Ord. No. 340, § 6-6, 5-20-1980; Ord. No. 768, § 1,

5-22-2012)

Sec. 44-163. Fences and walls.

The following fence and wall requirements

apply to district R:

(1) Perimeter fences generally. Fences shall

be generally permitted on the perimeter

of the property involved subject to the

limitations in subsections (2) through (13)

of this section.

(2) Fences in front of front building line. No

fences shall be permitted in front of the

front building line of the property in-

volved unless the front yard is contiguous

to Voss Road or Memorial Drive.

(3) Height limitations generally. No fence shall

exceed seven feet from the top of the

natural grade of the property except along

Voss Road or Memorial Drive or as specif-

ically provided below.

a. Columns and finials. Except as oth-

erwise provided, columns, finials, and

other similar decorative elements

shall not be included in the measure-

ment of the height of a fence or wall

for purpose of applying the limita-

tion on maximum height, provided

that:

1. The total height of each individ-

ual column, finial or other dec-

orative element does not ex-

ceed four feet above the top of

the fence or wall; and

2. No portion of any individual

column, finial or decorative el-

ement exceeds 24 inches in

width, and the columns, finials,

or other decorative elements are

either spaced at least four feet

apart or separated by the width

of a gate opening.

b. Wing walls. A wall that extends out

from, and parallel to the front wall of

the main residential structure may

exceed seven feet in height provided

that:

1. The wall is constructed of the

same materials as, and is iden-

tical in appearance to, the front

wall of the main structure;

2. The wall, exclusive of finials

and other decorative elements,

does not exceed one-third of the

height of the main residence;

and

3. Any portions of the wall that

exceed seven feet in height do

not extend into any required

side yards.

(4) Special rules for fences and walls on rear

or side property lines facing Voss or Me-

morial. A fence or wall of a minimum of

seven feet in height shall be required

along the rear or side property line where

the rear or side line of the property in-

§ 44-163ZONING


volved is adjacent to Voss Road or Memo-

rial Drive. Such fence or wall along Voss

Road or Memorial Drive shall be not less

than seven feet nor more than nine feet

from the top of the natural grade of the

property. Piers, pillars or columns used

for such fence or wall supports or archi-

tectural enhancement shall be allowed to

exceed the nine feet allowable height, but

shall not be used to violate the nine-foot

maximum allowable height specified in

this chapter. Where a curb-and-guttered

street is adjacent to the fence or wall or

property line, the height restriction shall,

however, be measured for the purposes of

this chapter from the top of natural grade

or the top of the abutting curb, whichever

is higher. Any rear or side property line

fence or wall along Voss Road or Memorial

Drive shall be of brick or masonry con-

struction.

(5) Special rules for fences and walls on or

behind front property lines facing Voss or

Memorial. A fence or wall shall be permit-

ted, subject to the following limitations,

along or behind the front property line of

any property fronting on Voss Road or

Memorial Drive. Such fence or wall may

be of wrought iron, brick or masonry con-

struction. There shall be applicable the

height limitations and the same require-

ments outlined above for side and rear

fences or walls, with the exception that no

minimum requirements for fence or wall

height shall be applicable.

(6) Special setback requirements for gates along

Voss and Memorial. Each gate of any

entrance drive or driveway off Voss Road

or Memorial Drive shall set back a mini-

mum of 20 feet from the back of curb or

pavement edge to the gate location in

order to afford a vehicle standing area

within such drive or driveway off the

main travel lanes on Voss Road or Memo-

rial Drive, as the case may be.

(7) Setback at street intersections. Any fence

or wall located at any street intersection

shall be set back or stepped down to afford

full sight distance at the intersection in-

volved.

(8) General intent of the regulations. The over-

all intent of this section is to allow prop-

erty owners to fence or wall their proper-

ties from and including the front building

line to and around the back yard, with the

exception in the case of any property

fronting on Voss Road or Memorial Drive

hereinabove specified. The intent of the

provisions relating to any property along

Voss Road or Memorial Drive is to pro-

mote safety of the residents and the trav-

eling public, property protection and to

reduce noise along Voss Road or Memorial

Drive.

(9) Front facing fences. No fence or wall shall

be permitted in front of a residence except

as provided above for properties fronting

on Voss or Memorial, or as provided below

for other properties.

a. Exception for driveway enclosures. A

fence or wall shall be permitted along

or behind the front building line,

regardless of where the residence is

located on the lot if:

1. The fence or wall is used for the

purpose of enclosing a drive-

way;

2. The portion of the fence that

faces the front building line is

30 feet or less in length; and

3. The fence or wall is constructed

of wrought iron or its equiva-

lent or wood or masonry.

b. Exception for courtyard walls. A fence

or wall shall be permitted along or

behind the front building line, and in

front of the residence, if:

1. The fence or wall is used for the

purpose of enclosing a court-

yard, patio or similar area in

front of the residence;



2. The fence or wall is no wider

than the front of the residence

and is connected to the resi-

dence at both ends; and

3. The fence or wall is constructed

of:

(i) Materials that are either

identical to the materials

of which the front of the

residence is constructed or

§ 44-163ZONING

CD44:17Supp. No. 8

substantially similar in ap-pearance to those materi-als; or

(ii) Masonry or wrought ironor its equivalent.

4. A fence or wall that meets therequirements of this subsection(9)b. may exceed seven feet inheight but may not exceed themaximum height limitations forbuildings in District R.

5. The area enclosed by the fenceor wall shall be included asbuilding area for the purpose ofcalculating the maximum build-ing area under section44-160(3)a.

(10) Special rules for fences or walls crossing

gullies. Any fence or wall crossing a bayou,ravine, gully or naturally hilly area shallhave the height interpreted by the cityengineer to meet the intent of this chap-ter. Material selection for the fence or wallcrossing a bayou, ravine, or gully may bewood, masonry, brick or wrought iron asapproved by the city engineer, as long asthe natural flow of the drainage area isnot impeded. If the interpretation by thecity engineer under this subsection (10) isnot acceptable to the owner, such ownermay appeal such decision to the board ofadjustment for a final determination.

(11) Engineering requirements for certain fences

or walls. Any masonry fence or wall morethan seven feet in height shall require ageotechnical report and the foundationdesigned by a state-registered profes-sional engineer. In lieu of the above re-quirements a standard minimum designwill be available at the offices of the city.

(12) Special rules for preserving trees. Control-ling over any provisions of this chapter tothe contrary, wrought iron and wood sec-tions of any fence or wall shall be permit-ted to the extent necessary to avoid re-moving trees.

(13) Construction and maintenance standards.

Any fence or wall required or permitted

under this chapter shall be constructed,repaired, maintained and replaced in or-der to be in a good, safe, and nonhazard-ous condition at the risk, cost, and ex-pense of the owner of the property involved.

(Ord. No. 482, § 1, 10-20-1992; Ord. No. 660, § 1,1-17-2006; Ord. No. 667, § 1, 4-18-2006; Ord. No.728, §§ 1—4, 11-18-2008)

Sec. 44-164. Dish antennas.

Dish antennas, in district R, greater than threefeet in diameter are permitted as accessory struc-tures subject to the following provisions. Dishantennas three feet or less in diameter are notsubject to the provisions of this section.

(1) Except as otherwise provided in this sec-tion, a dish antenna shall not be locatedin a front yard, in an easement or within25 feet of a property line.

(2) Except as otherwise provided in this sec-tion, a dish antenna shall not exceed tenfeet in height.

(3) A dish antenna or its support structureshall be installed on a concrete founda-tion. A dish antenna may not be located onthe roof of a structure.

(4) A dish antenna constructed of mesh ma-terial, so that no more than 40 percent ofits total area, excluding support struc-tures, is solid, may be located in a rear orside yard, not within an easement, nocloser than five feet to a property line andmay not exceed 15 feet in height.

(Ord. No. 404, 2-18-1986)

Sec. 44-165. Home occupations.

(a) Authorization. Home occupations shall bepermitted in district R, single-family residential,provided such home occupation is incidental andsubordinate to the use of the premises for single-family residential purposes and in compliancewith the provisions of this section.

(b) Purpose. To ensure the protection and pres-ervation of the residential character of district R.and to ensure that home occupations do notinterfere with the peace and enjoyment of sur-

§ 44-165ZONING


rounding homes as places of residence, the follow-ing regulations are applicable to the conduct ofhome occupations:

(1) No home occupation shall result in anincrease in the number of motor vehiclesparking or traveling to and from the ap-plicable dwelling over that which is cus-tomary in a single-family residential neigh-borhood.

(2) No stock in trade shall be stored, dis-played or sold on the premises.

(3) Only members of the family residing onthe premises shall be employed in thehome occupation.

(4) No mechanical, explosive, electrical or otherequipment which produces noise, electri-cal or magnetic interference, vibration,heat, glare or other nuisance outside thedwelling or any accessory structure shallbe used.

(5) Outdoor storage of equipment or materialshall be prohibited.

(6) The home occupation shall be conductedentirely within the main dwelling unitand the conduct of the home occupationshall not be visible from any street oradjacent property, public or private.

(7) No internal or external alterations, spe-cial construction, or other similar featureshall be added to the main dwelling unit.

(8) No sign or advertising of any type shall bepermitted on the premises or by pub-lished or printed matter, except as fol-lows:

a. Word of mouth by telephone or face-to-face;

b. Listing in telephone directories andbusiness journals and directories; and

c. Business cards, stationery, andwebsites.

(c) Home occupations permitted. Subject to theforegoing limitations, examples of permitted homeoccupations include:

(1) Artist, writer or craftsman's studio;

(2) Dressmaking;

(3) Professional practices (such as computerprogramming, engineering, legal counsel-ing, accounting and court reporting);

(4) Music teaching and tutoring of no morethan two pupils at one time;

(5) Babysitting or limited child care for notmore than three children unrelated to theperson providing the child care.

(Ord. No. 677, § 1, 1-16-2007)

Sec. 44-166. Emergency electric generators.

(a) Generally. Electric generators may be in-stalled and maintained in District R for the pur-pose of providing electric power during time peri-ods when normal electric service is unavailable.

(b) Location.

(1) Generators are not required to meet thebuilding setback requirements applicableto accessory structures except as providedbelow.

(2) No generator shall be located in a frontyard or in front of the front line of anyresidence.

(c) Operation. No generator shall be operatedexcept:

(1) When necessary to provide electric powerduring time periods when normal electricservice is unavailable; or

(2) When necessary for maintenance or re-pair.

(d) Manufacturer's recommendations. All gen-erators must be installed and operated in compli-ance with the applicable manufacturer's recom-mendations.

(e) Enclosures. Any structure intended to en-close or screen a generator, other than a structuredesigned solely for sound attenuation, shall beconsidered an accessory structure and must com-ply with all requirements of this division applica-ble to accessory structures.



(f) Sound attenuation. All generators shall beinstalled, maintained, and operated in such man-ner as to reduce, to the greatest extent reasonablypossible, the volume of sound produced by theiroperation.(Ord. No. 733, § 1, 1-20-2009)


DIVISION 3. DISTRICT B BUSINESSDISTRICT

Sec. 44-182. Use regulations.

The following use regulations shall apply indistrict B:

(1) Permitted principal uses and structure.

a. All uses, structures and special ex-ceptions permitted in district R; pro-vided, however, tennis courts andswimming pools are not permitted indistrict B.

b. Bakeries, retail only.

c. Banks.

d. Florist shops.

e. Offices and office buildings.

f. Barbershops, beauty shops, shoe re-pair shops and indoor restaurants.

g. Retail stores, provided that no on-site consumption of foods or bever-ages sold therein shall be permitted.

h. Any similar uses as determined bythe board of adjustment which arenot likely to create any more noise,vibration, dust, heat, smoke, odor,excessive light, glare or objection-able influences than the minimumamount normally resulting from otheruses permitted.

(2) Uses permitted by specific use permit.

a. Sexually oriented business, providedthat no sexually oriented businessshall be allowed to locate within 1,000feet of another sexually oriented busi-ness, a public park, a place of wor-ship, a public or private school or a

day-care facility, and provided fur-ther that no on-site consumption offoods or beverages sold therein shallbe permitted. For purposes of thissection, such distance shall be mea-sured between the closest propertylines of each property.

§ 44-182ZONING


b. Personal wireless service facilities.

1. Facilities for the provision ofpersonal wireless service, in-cluding structures commonlyknown as cellular towers, andancillary buildings, equipmentand related structures, may beallowed in this district follow-ing approval of a specific usepermit by city council. Pro-vided, however, that no specificuse permit for a personal wire-less services facility shall beapproved if:

i. The proposed facility wouldadversely affect the resi-dential integrity or safetyof adjacent or area neigh-borhoods; or

ii. The proposed facility wouldcreate visual blight; or

iii. The proposed facility wouldcreate noise or light pollu-tion; or

iv. The proposed facility wouldcreate a nuisance to adja-cent or area properties.

2. Further, in order to obtain aspecific use permit for a per-sonal wireless service facility,the applicant must establishthat:

i. The applicant cannot pro-vide service to the city fromother available locationsor existing facilities; and

ii. The proposed facility wouldutilize state of the art tech-nology to achieve its objec-tives; and

iii. The proposed facility wouldcomply with all safetystandards promulgated bythe Federal Communica-tions Commission, or otheragency having jurisdictionthereover.

(3) Permitted accessory uses and structures.

Those uses and structures customarilyincident to the foregoing uses when lo-cated upon the same lot. A sign shall notbe allowed as an accessory use or struc-ture, except as hereafter specifically per-mitted.

(4) Prohibited uses and structures. Any usenot permitted under subsection (1) of thissection and any use or structure other-wise permitted under subsection (1) ofthis section that is objectionable becauseof odor, excessive light, glare, smoke, dust,noise, vibration, litter or similar or othernuisance shall be prohibited in district B.

(Ord. No. 340, § 7-1, 5-20-1980; Ord. No. 553,3-16-1999)

Sec. 44-183. Maximum height of structures.

The maximum height of structures in district Bshall not exceed 35 feet. The height of a structureshall be the vertical distance as measured fromthe finished floor elevation to the highest point ofthe roof of the main building located on the lot.The top of slab may be up to 24 inches higher thanrequired by all other applicable codes and may beadded without affecting the maximum allowedheight. For any elevation amount exceeding the24 inches allowance above, the allowed height ofthe building shall be diminished by an equalamount. Aerial antennas shall not exceed a heightof 45 feet as measured from the top of slab.(Ord. No. 340, § 7-2, 5-20-1980; Ord. No. 657, § 3,2-21-2006)

Sec. 44-184. Area regulations.

The following area regulations shall apply indistrict B:

(1) Minimum lot requirements-area, width and

depth.

a. Residential use: Same as district R.

b. Other use:

1. Lot area: 7,500 square feet.

2. Lot width: 75 feet.

3. Lot depth: 100 feet.

§ 44-184ZONING

CD44:19Supp. No. 1

(2) Minimum building line requirements.

a. Residential use: Same as in districtR as set forth in section 44-160(2).

b. Other use: Buildings shall be a min-imum of 35 feet from any street line.A minimum of 15 feet shall be main-tained between any building and thebusiness district boundary line; pro-vided, however, a building of lessthan 15 feet in height with no win-dows facing a residential area maybe located within two feet of a busi-ness-residential boundary line.

(3) Maximum lot coverage by all buildings

and structures.

a. Residential use: Same as in districtR.

b. Other use: The building area, includ-ing off-street parking spaces and ser-vice areas, shall not exceed 90 per-cent of the lot area.

(4) Minimum size of principal building.

a. Residential use: Same as in districtR.

b. Other use: 2,000 square feet of per-manently enclosed floor space.

(Ord. No. 340, § 7-3, 5-20-1980)

Sec. 44-185. Off-street parking requirements.

(a) There must be sufficient off-street parkingspaces provided on the premises of any businessuse to accommodate the anticipated parking needsof the persons using the premises. The minimumnumber of off-street parking spaces required forspecific uses is as follows:

(1) For general office use, including any usein which the principal occupants of theimproved building space are employeesrather than visitors or customers, twospaces for each 1,000 square feet of grossfloor area; and

(2) For any other use, four spaces for each1,000 square feet of gross floor area.

(b) All parking spaces must be at least ninefeet wide and 18 feet long in order to be countedtowards the minimum required number. The widthof parking spaces shall be measured perpendicu-lar to the parking angle. The length of parkingspaces shall be measured at right angles to theparking line.(Ord. No. 340, § 7-4, 5-20-1980; Ord. No. 698, § 2,9-20-2007)

Sec. 44-186. Service area requirements.

Service areas shall be required in district B. Allloading areas, trash pick-up areas and all otherservice areas located outdoors shall be enclosedby a solid fence, wall or hedge at least seven feetin height, except for an opening for vehicularpassage which shall have a solid gate.(Ord. No. 340, § 7-5, 5-20-1980)

Sec. 44-187. Outdoor storage prohibited.

(a) Outdoor storage shall not be permitted indistrict B, except during periods of construction orin a service area enclosed in the manner requiredfor areas as set out in section 44-186.

(b) No storage or similar use shall be allowedforward of the front building line in district B.(Ord. No. 340, § 7-6, 5-20-1980)

Sec. 44-188. Limitation on signs.

(a) Only on-site signs shall be permitted indistrict B.

(b) One wall sign and one freestanding signshall be permitted on any premises and shall be"sign, on-site" as defined in this chapter. Thefreestanding sign may contain an electronic mes-sage center. "Electronic message center" shallmean a computer-controlled display panel withautomatically changing or moving messages dis-played by moving or intermittent lights and con-taining alphanumeric figures only, with no ani-mation. A changing or moving message displayedon an electronic message center must remainconstant for no less than five minutes and may beused only to display the name of the businesslocated on the site.

(c) Signs which are equipped with glaring orrotating strobe or spotlights are prohibited.


CD44:20Supp. No. 1

(d) No sign shall be erected so as to extend intoor over the public right-of-way of any street, norshall any sign be placed so as to interfere with orobstruct vision at any intersection or along anypublic street.

(e) Notwithstanding the foregoing, an elec-tronic message center on a freestanding sign maynot exceed the height of the building on the lot onwhich the sign is located.

(f) Sign area; location.

(1) No sign shall have more than two sides.The sign area includes the surface of asignboard and any portion of the support-ing structure or trim upon which a mes-sage is displayed; provided, however, inthe case of double-sided signs, only oneside shall be computed to determine thesign area.

(2) On a lot containing less than one acre, thesign area of a single sign or the sign areaon each side of a double-sided sign shallnot exceed 64 square feet.

(3) For signs located on a lot containing one-half acre or more that abuts IH-10 andupon which one business establishment islocated, the sign area of a single freestanding sign or the sign area on eachside of a double-sided, freestanding signshall not exceed 80 square feet. The width-to-height ratio of such detached sign shallnot exceed one to five or five to one.

(4) For signs located on a lot containing one-half acre or more that abuts IH-10 andupon which more than one business es-tablishment is located, each of which sharecommon driveways and on-site parkingfacilities, the sign area of a single free-standing sign or the sign area on eachside of a double-sided, freestanding signshall not exceed 90 square feet. The width-to-height ratio of such detached sign shallnot exceed one to five or five to one.

(5) No sign allowed by this subsection (f)shall be placed in a yard which abutsdistrict R (residential district).

(g) No portable signs are permitted.

(h) Lighted signs which are above the height ofthe building to which they pertain will be extin-guished at or before 12:00 midnight.

(i) All signs shall be kept in a good state ofrepair.(Ord. No. 431, § 2, 1-26-1988; Ord. No. 664,§§ 1—4, 4-18-2006; Ord. No. 676, § 1, 1-16-2007)

Sec. 44-189. District separation require-

ments.

(a) Improved business property in district Bshall be separated from contiguous property inresidential district R by any one of the following:

(1) A screening fence seven feet high, built ofbrick or stone.

(2) A strip of dense natural foliage at least 35feet in width and at least seven feet inheight measured from the boundary lineof district B extending into district B.

(b) No building shall have windows with aview into any property within district R of thecity, provided that the board of adjustment maygrant an exception to such requirement if itdetermines that any such window, while it wouldliterally have a view into property within districtR of the city, would be unlikely to result inindividuals having an actual view through suchwindow into property within district R.(Ord. No. 340, § 7-8, 5-20-1980)


ARTICLE IV. NONCONFORMING LOTS,

USES AND STRUCTURES

Sec. 44-217. Intent.

Within the districts established by this chapteror amendments that may later be adopted, theremay exist lots, structures, uses of land and struc-tures and characteristics of use which were lawfulbefore this chapter was passed or amended, butwhich would be prohibited, regulated or restrictedunder the terms of this chapter or future amend-ments. It is the intent of this chapter to permitthose nonconformities to continue until they areremoved, but not to encourage their survival. It is

§ 44-217ZONING

CD44:21

further the intent of this chapter that nonconformi-ties shall not be enlarged upon, expanded orextended, nor be used as grounds for adding otherstructures or uses prohibited elsewhere in thesame district, except as more specifically set forthin this chapter. Nonconforming uses are declaredby this chapter to be incompatible with permitteduses in the districts involved. To avoid unduehardship, nothing in this chapter shall be deemedto require a change in the plans, construction ordesignated use of any building on which actualconstruction was lawfully begun prior to the ef-fective date of adoption or amendment of theordinance from which this chapter is derived andupon which actual building construction had beencarried on diligently. Actual construction is herebydefined to include the placing of constructionmaterials in permanent position and fastening ina permanent manner.(Ord. No. 340, § 9-1, 5-20-1980)

Sec. 44-218. Nonconforming lots of record.

(a) Generally. In district R, a single-familydwelling and customary accessory buildings maybe erected on any single lot lawfully created andof record on March 25, 1955, notwithstandinglimitations imposed by other provisions of thischapter. Such lot must be in separate ownershipand not of continuous frontage with other lots inthe same ownership. This provision shall applyeven though such lot fails to meet the require-ments for area, width and depth that are gener-ally applicable in such district. If two or more lotsor combination of lots and portions of lots withcontinuous frontage in single ownership were ofrecord on the effective date of the adoption of theordinance from which this chapter is derived andif all or part of the lots do not meet the require-ments established for lot area and width, the landinvolved shall be considered to be an undividedparcel for the purposes of this chapter, and noportion of such parcel shall be used or sold in amanner which diminishes compliance with lotarea and width requirements established by thischapter, nor shall any division of any parcel bemade which creates a lot with area or width belowthe requirements established herein.

(b) Building regulations for nonconforming lots.

(1) Definitions.

a. Lot. As used herein, the term "lot"shall mean a lot, tract, or parcel ofland designated on a subdivision platduly filed in the map or plat recordsof the county, or any lot, tract, orparcel of land held in separate own-ership and described by metes andbounds upon a deed duly recordedand registered in the deed records ofthe county, that existed prior to thedate of adoption of applicable subdi-vision regulations of the city.

b. Nonconforming lot. As used herein,"nonconforming lot" is a lot that,because of its area, width or depth,does not comply with the regulationsestablished under the terms of thischapter.

(2) Minimum required yards. The minimumyard requirements/building lines for allnonconforming lots lawfully created on orafter March 25, 1955, or, in the case thatneither deed restrictions recorded prior toMarch 25, 1955, nor a plat recorded priorto March 25, 1955, establish buildinglines/a front yard, a side yard, or a rearyard, shall be as follows:

a. For lots created on or before March25, 1955, with applicable deed re-strictions of platted building lines.The required front yard, side yardand rear yard for nonconforming lotslegally created and lying within asubdivision which were in existenceon March 25, 1955, and in separateownership, shall be the yard require-ments/building lines established inthe recorded deed restrictions appli-cable to such lots as such deed re-strictions existed on March 25, 1955,or the building lines established on aplat recorded prior to March 25, 1955.If the original deed restrictions con-flict with the building lines estab-lished in a recorded plat, the greaterdistance or depth shall apply. If nei-ther recorded deed restrictions nor arecorded plat establish building


CD44:22

lines/a front yard, a side yard, or arear yard, the required yard shall beas set forth in subsection (a)(1)b.1—3of this section.

b. For all other nonconforming lots shallbe as follows:

1. Minimum required front yard.

Lots less than 10,000 sq. ft. 18 ft.Lots 10,000 sq. ft.—14,999 sq. ft. 25 ft.Lots 15,000 sq. ft.—17,999 sq. ft. 30 ft.Lots 18,000 sq. ft.—19,999 sq. ft. 40 ft.Lots 20,000 sq. ft.—22,499 sq. ft. 50 ft.

The required front yard on a turn circle shall beas follows:

Lots less than 10,000 sq. ft. 18 ft.Lots 10,000 sq. ft.—14,999 sq. ft. 20 ft.Lots 15,000 sq. ft.—17,999 sq. ft. 25 ft.Lots 18,000 sq. ft.—19,999 sq. ft. 30 ft.Lots 20,000 sq. ft.—22,499 sq. ft. 35 ft.

2. Minimum required side yards.

i. Lots 20,000 sq. ft.—22,499sq. ft.: There shall be twoside yards on each lot, hav-ing a combined width ofnot less than 35 feet; nei-ther of such side yardsshall be less than 15 feetin width. A side yard ad-jacent to a side street shallnot be less than 20 feet inwidth.

ii. All other nonconforminglots: There shall be twoside yards on each lot, eachside yard having a widthof ten feet. A side yardadjacent to a side streetshall be not less than 15feet.

3. Minimum required rear yards.

There shall be a rear yard hav-ing a depth of not less than 25feet.

(3) Maximum lot coverage for nonconforming

lots. The building area, exclusive of out-

door swimming pools, shall not exceedone-third of the lot area or 5,625 squarefeet, whichever is less.

(4) Maximum building height for nonconform-

ing lots. The same as specified in section44-159.

(5) Alteration or repair of nonconforming build-

ing and structures. Existing single-familydwellings and customary accessory build-ings located on nonconforming lots or tractslegally created and lying within a subdi-vision which was in existence on March25, 1955, may be altered, repaired orenlarged; provided however, any enlarge-ment or alteration shall meet all setback,yard and height requirements establishedherein for such subdivision.

(Ord. No. 340, § 9-2, 5-20-1980; Ord. No. 658,§§ 1—3, 2-21-2006)

Sec. 44-219. Nonconforming uses of land or

land with minor structures only.

Where, at the time of adoption of the ordinancefrom which this chapter is derived, lawful use ofland exists which would not be permitted by theregulations imposed by this chapter, and wheresuch use involves no individual structure with areplacement cost exceeding $1,000.00, the usemay be continued as long as it remains otherwiselawful, provided:

(1) No such nonconforming use shall be en-larged or increased or extended to occupya greater area of land than was occupiedon the effective date of adoption or amend-ment of the ordinance from which thischapter is derived;

(2) No such nonconforming use shall be movedin whole or in part to any portion of the lotor parcel other than that occupied by suchuse on the effective date of adoption oramendment of the ordinance from whichthis chapter is derived;

(3) If any such nonconforming use of landceases for any reason for a period of morethan 30 days, any subsequent use of such

§ 44-219ZONING

CD44:23

land shall conform to the regulations spec-ified by this chapter for the district inwhich the land is located;

(4) No additional structure not conforming tothe requirements of this chapter shall beerected in connection with such noncon-forming use of land.

(Ord. No. 340, § 9-3, 5-20-1980)

Sec. 44-220. Nonconforming structures.

Where a lawful structure exists at the effectivedate of adoption or amendment of the ordinancefrom which this chapter is derived that could notbe built under the terms hereof by reason ofrestrictions on area, lot coverage, height, yards,its location on the lot or other requirementsconcerning the structure, such structure may becontinued as long as it remains otherwise lawful,subject to the following provisions:

(1) No such nonconforming structure may beenlarged or altered in a manner whichincreases its nonconformity, but any struc-ture or portion thereof may be altered todecrease its nonconformity.

(2) Should such nonconforming structure ornonconforming portion of structure be de-stroyed by any means to an extent of morethan 50 percent of its replacement cost atthe time of such destruction, it shall notbe reconstructed except in conformity withthe provisions of this chapter.

(3) Should any such structure be moved forany reason for any distance whatever, itshall thereafter conform to the regula-tions for the district in which it is locatedafter it is moved.

(Ord. No. 340, § 9-4, 5-20-1980)

Sec. 44-221. Nonconforming uses of struc-

tures or of structures and pre-

mises in combination.

If lawful uses involving individual structureswith a replacement cost of $1,000.00 or more, or ofstructure and premises in combination, whichexist at the effective date of adoption or amend-ment of the ordinance from which this chapter isderived, would not be allowed in the district

under the terms of this chapter, the lawful usemay be continued as long as it remains otherwiselawful, subject to the following provisions:

(1) No existing structure devoted to a use notpermitted by this chapter in the district inwhich it is located shall be enlarged, ex-tended, constructed, reconstructed, movedor structurally altered except in changingthe use of the structure to a use permittedin the district in which it is located.

(2) Any nonconforming use may be extendedthroughout any parts of a building whichwere manifestly arranged or designed forsuch use at the time of adoption or amend-ment of the ordinance from which thischapter is derived, but no such use shallbe extended to occupy any land outsidesuch building.

(3) Any structure, or structure and land incombination, in or on which a nonconform-ing use is replaced by a permitted useshall thereafter conform to the regula-tions of the district, and the nonconform-ing use may not thereafter be resumed.

(4) When a nonconforming use of a structure,or structure and land in combination, isdiscontinued or abandoned for six consec-utive months or for 12 months during anythree-year period, the structure, or thestructure and land in combination, shallnot thereafter be used except in confor-mity with the regulations of the district inwhich it is located.

(5) Where nonconforming use status appliesto a structure and land in combination,removal or destruction of the structureshall eliminate the nonconforming statusof the land. Destruction for the purposesof this subsection is defined as damage tothe extent of more than 50 percent of thereplacement cost at the time of destruc-tion.

(6) All nonconforming uses shall be sepa-rated from contiguous residential prop-erty by any one of the following:

a. A brick or stone screening fence sevenfeet high.


CD44:24

b. A strip of dense natural foliage 35feet in width and at least seven feetin height.

c. A formal hedge four feet thick and atleast seven feet high.

(Ord. No. 340, § 9-5, 5-20-1980)

Sec. 44-222. Repairs and maintenance.

On any nonconforming structure or portion of astructure containing a nonconforming use, workmay be done on ordinary repairs, or on repair orreplacement of nonbearing walls, fixtures, wiring,or plumbing after obtaining a building permit asherein set out, provided that the cubic contentexisting when it became nonconforming shall notbe increased.(Ord. No. 340, § 9-6, 5-20-1980)

Sec. 44-223. Uses under special exceptions

provisions not nonconforming

uses.

Any use which is permitted as a special excep-tion in a district under the terms of this chaptershall not be deemed a nonconforming use in thedistrict, but shall without further action be con-sidered a conforming use.(Ord. No. 340, § 9-7, 5-20-1980)


ARTICLE V. AMENDMENTS

Sec. 44-255. Authority.

The city council may from time to time amend,supplement or change by ordinance the bound-aries of the districts or the regulations hereinestablished.(Ord. No. 340, § 17(1), 5-20-1980)

Sec. 44-256. Submission to planning and zon-

ing commission.

Before taking action on any proposed amend-ment, supplement, or change to a zoning districtclassification or boundary or a zoning district

regulation, the city council shall submit the pro-posed revision to the planning and zoning com-mission for its recommendation and report.(Ord. No. 340, § 17(2), 5-20-1980; Ord. No. 703,§ 1, 10-16-2007)

Sec. 44-257. Public hearing—Planning and

zoning commission.

The planning and zoning commission shallmake a preliminary report and hold public hear-ings thereon before submitting its final report.Written notice of all public hearings before theplanning and zoning commission on proposedchanges to a zoning district classification or bound-ary shall be sent to owners of real property lyingwithin 200 feet of the property on which thechange in classification or boundary is proposed,such notice to be given not less than ten daysbefore the date set for hearing to all such ownerswho have rendered their property for city taxes asthe ownership appears on the last approved citytax rolls. Such notice may be served by depositingit, properly addressed and postage paid, in thecity post office.(Ord. No. 340, § 17(3), 5-20-1980; Ord. No. 703,§ 2, 10-16-2007)

Sec. 44-258. Same—City council.

After receipt of the final report and recommen-dation of the planning and zoning commission, apublic hearing shall be held by city council beforeadopting any amendment, supplement or changeto a zoning district classification or boundary ordistrict regulation. Notice of the hearing shall bepublished one time in a newspaper of generalcirculation in the city, giving the time, date andplace of such hearing and describing in reason-able detail the proposed amendment, supplementor change. Such notice shall be published at least15 calendar days prior to the date of such hearing.In addition, at least seven calendar days beforethe date of the hearing, a written notice contain-ing the same information shall be mailed, byregular U.S. mail, to each residence in the city,according to the address shown in the tax recordsmaintained by the county appraisal district, or its

§ 44-258ZONING

CD44:25

successor. All costs of such publication shall bepaid by the person requesting such amendment,supplement or change, if any.(Ord. No. 340, § 17(4), 5-20-1980; Ord. No. 703,§ 3, 10-16-2007)

Sec. 44-259. Vote required in the event of

nonapproval or protest.

Unless such proposed amendment, supplementor change has been approved by the planning andzoning commission or in case of a protest signedby the owners of 20 percent or more either of thearea of the lots included in such proposed change,or of those immediately adjacent to the rearthereof extending 200 feet therefrom, all of thosedirectly opposite thereto extending 200 feet fromthe street frontage of such opposite lots, suchamendment shall not become effective except bythe favorable vote of three-fourths of all themembers of the city council.(Ord. No. 340, § 17(5), 5-20-1980)


CD44:26

CODE COMPARATIVE TABLE

2002 CODE

This table gives the location within this Code of those sections of the 2002 Code, assupplemented, which are included herein. Sections of the 2002 Code, as supplemented, not listedherein have been omitted as repealed, superseded, obsolete or not of a general and permanentnature. For the location of ordinances, see the table immediately following this table.

2002 Code

Section

Section

this Code

1.102 1-1

1.103 1-3

1.104 1-2

1.105—1.109 1-4—1-8

1.200 2-1

1.301, 1.302 2-22

1.500 2-21

1.701—1.703 14-1—14-3

1.704 14-2

1.705—1.712 14-4—14-11

1.731 14-12

1.801—1.804 2-160—2-163

1.1001—1.1014 2-195—2-208

1.1100 2-137

2.201—2.208 8-106—8-113

2.301 8-21

2.303—2.308 8-22—8-27

2.501, 2.502 8-60, 8-61

2.600 8-81

3.101—3.105 10-23—10-27

3.201—3.206 10-58—10-63

3.301—3.304 10-118—10-121

3.401—3.404 10-141—10-144

3.631 10-172

3.700 10-1

3.800(a) 34-20

3.800(b) 34-19

3.800(c) 34-49

3.800(d) 34-47

3.800(e),3.800(f) 34-21, 34-22

3.800(g) 34-48

3.800(h) 34-23

3.800(i) 34-48

3.901—3.903 34-153—34-155

3.1000 10-2

3.1201—3.1206 10-195—10-200

3.1301—3.1305 10-219—10-223

3.1401 18-19

3.1402(a)—(g) 18-20

3.1402(h) 18-54

2002 Code

Section

Section

this Code

3.1403—3.1406 18-21—18-24

3.1406 18-25

3.1501—3.1503 10-85—10-87

4.301—4.314 30-19—30-32

4.500 4-1

4.601, 4.602 28-19, 28-20

4.700 12-1

4.801—4.805 34-179—34-183

4.901—4.904 30-53—30-56

4.905—4.909 30-77—30-81

4.910, 4.911 30-57, 30-58

4.1001 6-19

4.1003—4.1010 6-20—6-27

4.1011—4.1017 6-58—6-64

4.1101—4.1109 34-119—34-127

4.1201—4.1222 34-74—34-95

5.1 36-26

5.101, 5.102 20-21, 20-22

5.201, 5.202 20-48, 20-49

5.301, 5.302 20-72, 20-73

5.400 20-105, 20-106

5.501—5.511 20-126—20-136

5.601—5.603 20-156—20-158

6.101, 6.102 32-1, 32-2

6.201—6.203 32-19—32-21

6.301—6.305 18-82—18-86

6.400(a)—6.400(c) 32-46—32-48

7.101 24-23

7.103—7.108 24-24—24-29

7.200 24-1

7.300 24-2

8.101 16-19

8.102(a) 16-46

8.102(b), (c) 16-47

8.103 16-48

8.104 16-50

8.106, 8.107 16-20, 16-21

CCT:1

2002 Code

Section

Section

this Code

8.109—8.111 16-51—16-53

8.200 26-1

8.300 26-2

8.601—8.605 18-137—18-141

8.700 26-3

8.801, 8.802 18-166, 18-167

8.804 18-168

8.1001—8.1016 18-190—18-205

8.1101,8.1102 26-4

8.1201—8.1204 18-116—18-119

9.301 20-1

9.303 20-1

10.100 36-1

10.200(1)—10.200(5) 36-21—36-25

10.200(6)—10.200(11) 36-27—36-32

11.100 38-1

11.200 38-2

11.300 38-3

11.400 38-4

12.101—12.108 40-1—40-8

12.201,12.202 40-37, 40-38

12.204 40-39

12.400 40-9

12.501—12.505 40-67—40-71

13.100 42-19

13.200 42-42

13.301—13.306 42-43—42-48

14.101—14.103 2-117—2-119

14.104 2-94


CCT:2


ORDINANCES

This table gives the location within this Code of those ordinances which are included herein.

Ordinances not listed herein have been omitted as repealed, superseded or not a general and

permanent nature.

Ordinance

Number Date Section

Section

this Code

1 2- 9-1955 1—3 2-13 2- 9-1955 3 2-11922 11- 7-1955 24-2734 3- 5-1956 1—III 34-153—34-15540 1- 7-1957 26-156 6- 7-1957 26-286 2- 9-1959 2-21102 9-14-1959 36-1110 12-14-1959 34-19—34-23

34-47—34-49124 7-11-1960 20-105140 4-10-1961 42-19145 7-10-1961 36-1151 12-11-1961 20-105, 20-106193 6-14-1965 1 8-111

2—4 8-112208 7- 6-1967 26-3223 4-14-1969 42-42236 8-17-1970 40-9252 9-19-1973 1, 2 8-106, 8-107

3 8-1134—6 8-1087—9 8-109—8-11110 8-111

253 9-19-1973 20-72, 20-73267 11-20-1974 4-1273 4-16-1975 24-29275 6-17-1975 2—5 18-168277 10-15-1975 2, 3 18-166, 18-167292 12-15-1976 1, 2 2-22298 5-17-1977 1—6 18-54304 8-16-1977 1—2 38-1305 9-13-1977 10-2319 6-20-1978 40-37—40-39324 9-19-1978 1, 2 8-60, 8-61328 2-20-1979 art. I— 40-1—40-3

art. IIIart. V 40-5art. VI 40-8

329 4-17-1979 1 38-3336 12-18-1979 1—3 8-81340 5-20-1980 1 44-1

2 44-1254 44-1276-1—6-6 44-157—44-1627-1—7-6 44-182—44-1877-8 44-1898 44-129

CCT:3

Ordinance

Number Date Section

Section

this Code

9-1—9-7 44-217—44-22310-1—10-4 44-27—44-3011-1—11-4 44-55—44-5812 44-9012-1—12-3 44-91—44-9313-1, 13-2 44-9413-3, 13-4 44-95, 44-9614 44-9715 44-31

44-9816 44-3217(1)—17(5) 44-255—44-25918 44-3319—21 44-2—44-4

343 5-20-1980 1, 2 10-1953 10-1965, 6 10-198, 10-1997, 8 10-199, 10-200

344 5-20-1980 art. VI 10-172346 6-17-1980 1, 2 28-19, 28-20349 8-19-1980 1—5 36-21—36-25

7—11 36-28—36-32357 2-17-1981 2, 3 24-24, 24-25370 5-18-1982 1, 2 26-4380 6-21-1983 3—7 42-44—42-48381 7-19-1983 1, 2 2-160

3—5 2-161—2-163398 5-22-1985 1—3 40-4403 2-18-1986 2 2-118404 2-18-1986 44-164407 4-15-1986 1 40-67408 4-15-1986 art. IV 40-4410 4-15-1986 1 8-21

4—9 8-22—8-27421 5-19-1987 1 38-4422 7-30-1987 1, 2 40-9423 9-15-1987 1 24-28431 1-26-1988 1 44-157

2 44-188446 9-13-1989 1 44-2447 9-13-1989 1, 2 36-24, 36-25448 9-13-1989 2 36-22

3 36-28449 9-13-1989 3—6 34-179—34-182

8 34-183453 12-19-1989 2 38-2460 10-12-1990 1—14 2-195—2-208479 5-19-1992 1 16-19

2 16-46, 16-473 16-484 16-506, 7 16-20, 16-219—11 16-51—16-53

482 10-20-1992 1 44-163486 12-15-1992 1—11 20-126—20-136490 5-18-1993 2—5 18-116—18-119491 7-20-1993 2, 3 24-26


CCT:4

Ordinance

Number Date Section

Section

this Code

5, 6 24-26498 12-21-1993 1 32-19

2—4 32-205 32-21

505 3-21-1995 1—5 40-68523 10-15-1996 1—5 10-219—10-223526 11-19-1996 24-1527 2-18-1997 30-19—30-32528 2-18-1997 30-53—30-58551 3- 9-1999 6-19—6-27

6-58—6-64552 3-16-1999 44-31553 3-16-1999 44-2

44-182561 9-21-1999 24-2558 9-24-1999 34-119—34-127562 11-16-1999 18-19—18-25

18-54570 3-21-2000 10-172573 5-16-2000 44-157583 3-20-2001 44-2585 6-19-2001 10-24586 6-19-2001 20-21, 20-22587 6-19-2001 1, 2 20-48, 20-49588 6-19-2001 10-59

10-61589 6-19-2001 10-119590 6-19-2001 10-142591 6-19-2001 34-74—34-95598 1-15-2002 40-70602 5-21-2002 40-71608 12-17-2002 10-1

10-19734-154

612 4-15-2003 40-4619 12-16-2003 20-22620 2-17-2004 14-1—14-11627 10-19-2004 10-23, 10-24

10-2610-6010-62

628 10-19-2004 10-58629 10-19-2004 10-141630 10-19-2004 20-21, 20-22631 10-19-2004 10-86632 10-19-2004 10-118

10-120633 11-16-2004 18-190—18-205637 12-21-2004 1 44-2642 8-16-2005 14-12644 9-16-2005 1 2-117647 9-20-2005 2-94649 9-20-2005 1 36-27653 11-15-2005 2 1-8659 12-20-2005 1 44-161660 1-17-2006 1 44-163657 2-21-2006 1 44-2


CCT:5Supp. No. 4

Ordinance

Number Date Section

Section

this Code

2 44-1593 44-183

658 2-21-2006 1—3 44-218663 3-21-2006 1—3 36-24

4, 5 36-256 36-26

664 4-18-2006 1—4 44-188665 4-18-2006 1 44-2666 4-18-2006 1 44-160667 4-18-2006 1 44-163673 1-16-2007 1 2-203676 1-16-2007 1 44-188677 1-16-2007 1 44-165679 2-27-2007 1 10-24

2 10-603 20-22

686 5-15-2007 2—4 26-5689 6-26-2007 1 44-90692 7-17-2007 1 2-22693 7-17-2007 1 16-48

2 16-50696 8-21-2007 1 16-49698 9-20-2007 2 44-185703 10-16-2007 1—3 44-256—44-258705 11- 6-2007 2 44-31710 1-15-2008 Added Adopting Ord.711 1-15-2008 1 Added 10-3

2 Rnbd 26-5as 10-4

717 3-25-2008 1 44-157(3)720 5-20-2008 1 18-19—18-26721 6-17-2008 1 Added 2-50, 2-51722 7-15-2008 1 18-19

2 18-20(b)(1)3 18-20(e)4 Rnbd 18-23—18-26

as 18-24—18-275 Added 18-23

727 10-21-2008 1 Dltd 32-1—32-48Added 32-1—32-33

728 11-18-2008 1 44-163(1)—(13)2 44-163(3)3 44-163(9)4 44-163(11)

729 11-18-2008 1 44-157(5)733 1-20-2009 1 Added 44-166

2 18-141736 3-24-2009 3 Added 40-4(b)(4)737 3-24-2009 1 Dltd 10-24(g), 10-59(e),

10-119(h), 10-142(f)739 3-24-2009 1 Dltd 18-82—18-86

Added 18-82—18-86740 3-24-2009 1 Added 18-224—18-231744 7-28-2009 2 6-61(b)(1)

3 6-59(a)


CCT:6Supp. No. 4

Ordinance

Number Date Section

Section

this Code

4 6-61(a), (b), (c)

5 6-62

6 6-19

750 12- 8-2009 1 18-20(b)(2)

2 18-20(c)

3 18-20(d)

762 12- 7-2010 1, 2 Added 40-80—40-85

764 1-25-2011 1 44-161(1)b.

765 1-25-2011 1 36-1

Added 36-2

2 36-28(a)(6)

766 1-25-2011 1 10-1

2 Rpld 10-24(f), 10-59(d),

10-119(d), 10-142(d)

767 1-25-2011 1 Added 34-190—34-193

768 2-22-2011 1 Added 26-6

779 11- 8-2011 1 18-19

2 18-20(c)

3 18-20(e)

5 18-20(f)

6 18-23

783 1-24-2012 1 Rpld 18-82

18-83

786 3-27-2012 1 10-23

10-24

10-26

787 3-27-2012 1 10-58

10-59

10-62

788 3-27-2012 1 10-85

10-86

789 3-27-2012 1 10-118

10-119

10-120

790 3-27-2012 1 10-141

10-142

10-143

791 3-27-2012 1 10-172

792 3-27-2012 1 Added 10-225,

10-227, 10-228

793 3-27-2012 1 Added 10-240,

10-242, 10-243

794 3-27-2012 1 20-21

796 5-22-2012 2(Exh. A) Added 43-1

797 5-22-2012 3 40-4(d)

798 5-22-2012 1 44-162(4)


CCT:7Supp. No. 8

STATE LAW REFERENCE TABLE

This table shows the location within this Code, either in the text or notes following

the text, of references to state law.

Vernon's Ann. Civ. St.

Article

Section

this Code

1066c 38-3

V.T.C.A. Agriculture Code

Section

Section

this Code

ch. 1 et seq. Ch. 8

V.T.C.A. Alcoholic Beverage Code

Section

Section

this Code

ch. 1 et seq. Ch. 4

11.38 4-1

V.T.C.A. Business and Commerce Code

Section

Section

this Code

ch. 36 6-59

V.T.C.A. Civil Practice and Remedies Code

Section

Section

this Code

ch. 101 Ch. 2, Art. V, Div. 2

V.T.C.A. Finance Code

Section

Section

this Code

ch. 1 et seq. Ch. 2, Art. V

V.T.C.A. Government Code

Section

Section

this Code

ch. 21 et seq. Ch. 24

ch. 29 Ch. 24

24-23

29.004 Ch. 24, Art. II

29.010 24-27

ch. 418 Ch. 14

418.103 Ch. 14

V.T.C.A. Health and Safety Code

Section

Section

this Code


342.004 Ch. 18, Art. IV

342.006 18-118

342.007 18-86

18-118


ch. 361 32-19

SLT:1Supp. No. 8

V.T.C.A. Health and Safety Code

Section

Section

this Code


756.021 et seq. Ch. 34, Art. II


ch. 826 Ch. 8, Art. V

826.015 Ch. 8, Art. V

826.021 8-107

V.T.C.A. Local Government Code

Section

Section

this Code

5.001 Ch. 2

6.001 et seq. Ch. 2

ch. 22 2-21

22.038, 22.039 2-22

51.011 Ch. 2

51.011—51.018 Ch. 2

ch. 53 1-1

54.001 1-8

ch. 101 et seq. Ch. 2, Art. V

Ch. 38

ch. 141 et seq. Ch. 2, Art. III

ch. 201 Ch. 2, Art. VI

201.003(8) 2-196

203.041 2-199

203.044, 203.045 2-199

204.008 2-199

205.007 2-199

ch. 211 et seq. 2-119

Ch. 10

Ch. 44

ch. 211 44-31

211.007 Ch. 2, Art. IV, Div. 2

211.011 44-97, 44-98

ch. 212 Ch. 36

36-26

ch.213 43-1

ch. 214, subch. A 18-224

214.013 Ch. 42, Art. III

214.191 et seq. Ch. 16, Art. II

214.212 10-58

214.214 Ch. 10, Art. VII

214.216 10-23

215.031 Ch. 30

217.003 Ch. 18, Art. VI

26-1

ch. 243 Ch. 6, Art. II

44-2

243.002 6-19


ch. 283 Ch. 34, Art. IV



Ch. 22

342.003 Ch. 20, Art. IV




SLT:2Supp. No. 8

V.T.C.A. Natural Resources Code

Section

Section

this Code


V.T.C.A. Occupations Code

Section

Section

this Code

53.021 et seq. 30-25

30-30, 30-31


ch. 2154 Ch. 20, Art. IV

ch. 2301 18-190

V.T.C.A. Parks and Wildlife Code

Section

Section

this Code


V.T.C.A. Penal Code

Section

Section

this Code


Ch. 26

ch. 12 1-8

chs. 21, 25, 43 6-61, 6-62

22.011 6-61, 6-62

22.021 6-61, 6-62

chs. 25, 43 6-62

28.02 Ch. 20, Art. VII

38.10 24-28

42.01(c) Ch. 18, Art. VI

V.T.C.A. Tax Code

Section

Section

this Code


11.13 38-1

321.101 38-3

321.103 38-3

321.210 38-4

V.T.C.A. Transportation Code

Section

Section

this Code


ch. 501 18-190

542.202(2) Ch. 40, Art. III

543.009 24-28

ch. 683 Ch. 18, Art. VIII

18-192

V.T.C.A. Utilities Code

Section

Section

this Code


STATE LAW REFERENCE TABLE

SLT:3Supp. No. 3

V.T.C.A. Water Code

Section

Section

this Code

16.311 et seq. 10-219

Vernon's Ann. C.C.P.

Article

Section

this Code

ch. 1 et seq. Ch. 2217.04 24-2845.203 24-2845.0511(B) 24-28102.017 24-1102.017(d) 24-1102.0172 24-2art. 102.0172(d) 24-2


SLT:4Supp. No. 3

A

ABANDONMENTFire lanes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-131Telecommunications providers

Obsolete network facilities, abandon-ment of . . . . . . . . . . . . . . . . . . . . . . . . . 34-122(d)(7)

Public rights-of-way, abandonment of . . 34-127(d)

ACCIDENTSExcavations

Safety and accident prevention . . . . . . . . 34-21

ADMINISTRATIONBoards and commissions

Planning and Zoning Commission . . . . . 2-117 et seq.See: PLANNINGAND ZONING COM-

MISSIONRemoval of appointed members for meet-

ing absences . . . . . . . . . . . . . . . . . . . . 2-94City Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-21 et seq.

See: CITY COUNCILFinance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-137 et seq.

See: FINANCEPlanning and Zoning Commission . . . . . . . . 2-117 et seq.

See: PLANNING AND ZONING COM-MISSION

Records management . . . . . . . . . . . . . . . . . . . 2-195 et seq.See: RECORDS AND REPORTS

Title 28 adopted . . . . . . . . . . . . . . . . . . . . . . . . 2-1Zoning regulations. See: ZONING (Chap-

ter 44)

AGREEMENTS. See: CONTRACTS ANDAGREEMENTS

ALARM SYSTEMSArticle requirements in addition to build-

ing regulations . . . . . . . . . . . . . . . . . . . . 16-21Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-19Permits

ApplicationContents . . . . . . . . . . . . . . . . . . . . . . . . . . 16-47(b)Filing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-47(a)

FeesFailure to appear . . . . . . . . . . . . . . . . . . 16-52(d)

False alarm . . . . . . . . . . . . . . . . . . . . . . . 16-49

Findings . . . . . . . . . . . . . . . . . . . . . . . . . . 16-52(e)

Hearing officer. . . . . . . . . . . . . . . . . . . . . 16-52(b)

Initial, annual . . . . . . . . . . . . . . . . . . . . . 16-48

Notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-52(a)

Revocation

Generally . . . . . . . . . . . . . . . . . . . . . . . 16-51

Procedures. . . . . . . . . . . . . . . . . . . . . . 16-52

Rules for hearing . . . . . . . . . . . . . . . . . . 16-52(c)

Terms and conditions . . . . . . . . . . . . . . 16-50

Reinstatement . . . . . . . . . . . . . . . . . . . . . . . 16-53

Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-46

Shutoff devices . . . . . . . . . . . . . . . . . . . . . . . . . 16-20

ALCOHOLIC BEVERAGES

Mixed beverage permit fee. . . . . . . . . . . . . . . 4-1

AMUSEMENTS AND ENTERTAINMENTSSexually oriented businesses. . . . . . . . . . . . . 6-19 et seq.

See: SEXUALLY ORIENTED BUSI-NESSES

ANIMALSAnimal control officer . . . . . . . . . . . . . . . . . . . 8-2Cattle. See herein: Horses, Mules, Donkeys

and CattleDogs

Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-21Excepted animals . . . . . . . . . . . . . . . . . . . . 8-26Failure to control. . . . . . . . . . . . . . . . . . . . . 8-27Impoundment for running at large. . . . . 8-22Periods of impoundment . . . . . . . . . . . . . . 8-23Powers and duties of animal control

officer and deputies . . . . . . . . . . . . . . 8-25Rabies control. . . . . . . . . . . . . . . . . . . . . . . . 8-106 et seq.

See herein: Rabies ControlRedemption by owners. . . . . . . . . . . . . . . . 8-24

Donkeys. See herein: Horses, Mules, Don-keys and Cattle

Horses, mules, donkeys and cattleRestrictions . . . . . . . . . . . . . . . . . . . . . . . . . . 8-60Storage, disposal of manure at stables

Depositing on streets, public placesprohibited . . . . . . . . . . . . . . . . . . . . 8-61(c)

Frequency of removal . . . . . . . . . . . . . . 8-61(b)Receptacle required; specifications . . 8-61(a)

Mules. See herein: Horses, Mules, Donkeysand Cattle

Prohibition against raising, breeding orkeeping animals; exceptions . . . . . . . . 8-1

Rabies controlAnimals causing nuisances. . . . . . . . . . . . 8-110Animals with suspected rabies . . . . . . . . 8-112Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-106Diseased animals. . . . . . . . . . . . . . . . . . . . . 8-109Dog or cat bites . . . . . . . . . . . . . . . . . . . . . . 8-108Penalty for violations . . . . . . . . . . . . . . . . . 8-113Seizure and impoundment . . . . . . . . . . . . 8-111Vaccination required. . . . . . . . . . . . . . . . . . 8-107

Wild animalsGenerally . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-81

Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-81(b)Prohibitions and restrictions. . . . . . . . 8-81(a)

ARSONArson reward

Determination, form and posting . . . . . . 20-157Established . . . . . . . . . . . . . . . . . . . . . . . . . . 20-156Payment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-158

B

BB GUNS. See: FIREARMS AND WEAPONS

BICYCLESBicycle paths . . . . . . . . . . . . . . . . . . . . . . . . . . . 40-9

BILLBOARDS. See: SIGNS AND BILL-BOARDS

CODE INDEX

Section Section

CDi:1Supp. No. 7

BOARDS, COMMITTEES AND COMMIS-SIONS

Planning and Zoning Commission . . . . . . . . 2-117 et seq.See: PLANNING AND ZONING COM-

MISSIONRemoval of appointed members for meet-

ing absences. . . . . . . . . . . . . . . . . . . . . . . 2-94Zoning Board of Adjustment . . . . . . . . . . . . . 44-90 et seq.

See: ZONING (Chapter 44)

BOATSStorage of boats, recreational vehicles, trail-

ers and trucks . . . . . . . . . . . . . . . . . . . . . 18-166 et seq.See: STORAGE

BONDSExcavations, permit bond. . . . . . . . . . . . . . . . 34-48Telecommunications providers, use of rights-

of-way by. . . . . . . . . . . . . . . . . . . . . . . . . . 24-122(d)(8)

BOUNDARIESZoning regulations. See: ZONING (Chap-

ter 44)

BUILDING CODEAmendments . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-24Appendices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-25Effect of code . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-27Future amendments . . . . . . . . . . . . . . . . . . . . 10-26International Building Code adopted . . . . . 10-23

BUILDINGS AND BUILDING REGULA-TIONS

Alarm systemsArticle requirements in addition to build-

ing regulations . . . . . . . . . . . . . . . . . . 16-21Building Code . . . . . . . . . . . . . . . . . . . . . . . . . . 10-23 et seq.

See: BUILDING CODEBuilding moving . . . . . . . . . . . . . . . . . . . . . . . . 10-2Electrical Code . . . . . . . . . . . . . . . . . . . . . . . . . 10-172 et seq.

See: ELECTRICAL CODEEnergy Conservation Code. . . . . . . . . . . . . . . 10-85 et seq.

See: ENERGY CONSERVATION CODEEntry by police on construction sites . . . . . 10-4Existing building code. . . . . . . . . . . . . . . . . . . 10-240 et seq.

See: EXISTING BUILDING CODEFlood plain administration . . . . . . . . . . . . . . 10-219 et seq.

See: FLOODS AND FLOODINGFuel gas code . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-225 et seq.

See: FUEL GAS CODE

Mechanical Code. . . . . . . . . . . . . . . . . . . . . . . . 10-141 et seq.

See: MECHANICAL CODE

Outdoor lighting . . . . . . . . . . . . . . . . . . . . . . . . 10-95 et seq.

See: LIGHTS AND LIGHTING

Permits for construction activity . . . . . . . . . 10-1

Plumbing Code . . . . . . . . . . . . . . . . . . . . . . . . . 10-118 et seq.

See: PLUMBING CODE

Residential Code. . . . . . . . . . . . . . . . . . . . . . . . 10-58 et seq.

See: RESIDENTIAL CODE

Substandard buildings and structures . . . . 18-224 et seq.

See: SUBSTANDARD BUILDINGS ANDSTRUCTURES

BUILDINGS AND BUILDING REGULA-TIONS (Cont'd.)

Zoning regulations. See: ZONING (Chap-ter 44)

C

CABLE TELEVISION

Rate regulation . . . . . . . . . . . . . . . . . . . . . . . . . 12-1

CABLES. See: WIRES AND CABLES

CATS. See: ANIMALS

CATTLE. See: ANIMALS

CERTIFICATES AND CERTIFICATION

Charitable solicitations

Certificate of registration . . . . . . . . . . . . . 30-77 et seq.

See: SOLICITATION AND PED-DLING

Solicitors and peddlers . . . . . . . . . . . . . . . . . . 30-27 et seq.

See: SOLICITATION AND PEDDLING

Zoning certificates of occupancy . . . . . . . . . . 44-55 et seq.

See: ZONING (Chapter 44)

CHARITIES

Charitable solicitations. . . . . . . . . . . . . . . . . . 30-53 et seq.


CHIEF OF POLICE

Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2

CITY

Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2

CITY ADMINISTRATOR

Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2

CITY COUNCIL

Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-22

Regular. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-22(a)

Special . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-22(b)

Place system . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-21

CITY SECRETARY

Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2

Records management

Duties of city secretary . . . . . . . . . . . . . . . 2-199

CLAIMS

Financial notice of claims. . . . . . . . . . . . . . . . 2-160 et seq.

See: FINANCE

CODE

Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2


Section Section

CDi:2Supp. No. 7

CODE OF ORDINANCES*

Amendments or additions to Code. . . . . . . . 1-6

Article and section catchline; history notes

and state law references. . . . . . . . . . . . 1-3

Certain ordinances not affected by Code . . 1-9

Definitions and rules of construction . . . . . 1-2

Designation and citation of Code . . . . . . . . . 1-1

General penalty for violations of Code; con-

tinuing violations . . . . . . . . . . . . . . . . . . 1-8

Repeal of ordinances . . . . . . . . . . . . . . . . . . . . 1-5

Severability of parts of Code . . . . . . . . . . . . . 1-4

Supplementation of Code . . . . . . . . . . . . . . . . 1-7

COMMISSIONS. See: BOARDS, COMMIT-

TEES AND COMMISSIONS

COMMITTEES. See: BOARDS, COMMIT-

TEES AND COMMISSIONS

COMPREHENSIVE PLAN

2012 comprehensive plan . . . . . . . . . . . . . . . . 43-1

CONSTRUCTION AND CONSTRUCTION

SITES

Construction sites, regulations

Adjacent rights-of-way; policing . . . . . . . 10-3(5)

Deliveries. . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-3(12)

Erosion control . . . . . . . . . . . . . . . . . . . . . . . 10-3(13)

Garbage disposal . . . . . . . . . . . . . . . . . . . . . 10-3(6)

Waste containers . . . . . . . . . . . . . . . . . . 10-3(2)

Hazards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-3(7)

Noise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-3(11)

Permit boxes . . . . . . . . . . . . . . . . . . . . . . . . . 10-3(1)

Policing of site . . . . . . . . . . . . . . . . . . . . . . . 10-3(3)

Adjacent rights-of-way . . . . . . . . . . . . . 10-3(5)

Portable toilets. . . . . . . . . . . . . . . . . . . . . . . 10-3(8)

Property damage . . . . . . . . . . . . . . . . . . . . . 10-3(10)

Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-3(14)

Site parking . . . . . . . . . . . . . . . . . . . . . . . . . 10-3(9)

Storage of materials and tools . . . . . . . . . 10-3(4)

Waste containers . . . . . . . . . . . . . . . . . . . . . 10-3(2)

Work hours . . . . . . . . . . . . . . . . . . . . . . . . . . 10-3(15)

Entry by police on construction sites . . . . . 10-4

Flood hazard reduction standards . . . . . . . . 10-223

Rights-of-way; construction regulations . . . 34-77, 34-78

Tree preservation and protection . . . . . . . . . 18-20

CONTRACTS AND AGREEMENTS

Emergency management . . . . . . . . . . . . . . . . 14-9

Fire service local agreement . . . . . . . . . . . . . 20-1

COUNCIL

Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2

COUNTY

Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2

COURTS. See: MUNICIPAL COURT

CULVERTS

Drainage culverts

Application . . . . . . . . . . . . . . . . . . . . . . . . . . 34-154

Approval. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-155

Drainage channel dimensions . . . . . . . . . 34-153

D

DEBRIS. See: SOLID WASTE

DOGS. See: ANIMALS

DONKEYS. See: ANIMALS

DRAINAGE

Drainage culverts . . . . . . . . . . . . . . . . . . . . . . . 34-153 et seq.

See: CULVERTS

Offenses

Protection of storm drains and public

waterways . . . . . . . . . . . . . . . . . . . . . . 26-6

Subdivision regulations . . . . . . . . . . . . . . . . . 36-28(e)

Zoning regulations . . . . . . . . . . . . . . . . . . . . . . 44-129

E

EASEMENTS

Subdivision regulations . . . . . . . . . . . . . . . . . 36-28(e)(1)

ELDERLY PERSONS

Elderly homestead exemption. . . . . . . . . . . . 38-1

ELECTRICAL CODE

Enforcement generally . . . . . . . . . . . . . . . . . . 10-172

Registration of electricians . . . . . . . . . . . . . . 10-173

ELECTRICITY

Taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-3

EMERGENCIES

Authorized emergency vehicles. . . . . . . . . . . 40-8

Emergency management . . . . . . . . . . . . . . . . 14-1 et seq.

See: EMERGENCY MANAGEMENT

Emergency services . . . . . . . . . . . . . . . . . . . . . 16-1 et seq.

See: EMERGENCY SERVICES

Excavations

Emergency events for public utilities

franchisees . . . . . . . . . . . . . . . . . . . . . 34-23

Tree removal permit . . . . . . . . . . . . . . . . . . . . 18-20(b)(3)

EMERGENCY MANAGEMENT

Commitment to contracts, funds . . . . . . . . . 14-9

Composition, form, functions the of opera-

tional organization . . . . . . . . . . . . . . . . . 14-4

Director powers, duties and responsibili-

ties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-2

Interjurisdictional program . . . . . . . . . . . . . . 14-3

Liability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-8

National Incident Management System ad-

opted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-12

Oath . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-11

Organization . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-1

State or federal statutes. . . . . . . . . . . . . . . . . 14-7

*Note—The adoption, amendment, repeal, omissions, effec-

tive date, explanation of numbering system and other matters

pertaining to the use, construction and interpretation of this

Code are contained in the adopting ordinance and preface

which are to be found in the preliminary pages of this volume.

CODE INDEX

Section Section

CDi:3Supp. No. 8

EMERGENCY MANAGEMENT (Cont'd.)

This article superseding existing regula-

tions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-6

Unauthorized warning signals a violation. 14-5

Violations; penalty . . . . . . . . . . . . . . . . . . . . . . 14-10

EMERGENCY SERVICES

Alarm systems. . . . . . . . . . . . . . . . . . . . . . . . . . 16-19 et seq.

See: ALARM SYSTEMS

EMPLOYEES. See: OFFICERS AND EM-

PLOYEES

ENERGY CONSERVATION CODE

Effect of code . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-87

Future amendments . . . . . . . . . . . . . . . . . . . . 10-86

International Energy Conservation Code

adopted . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-85

ENTERTAINMENT. See: AMUSEMENTS

AND ENTERTAINMENTS

ENVIRONMENT

Junked motor vehicles . . . . . . . . . . . . . . . . . . 18-190 et seq.

See: JUNKED MOTOR VEHICLES

Noise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-137 et seq.

See: NOISE

Property maintenance. . . . . . . . . . . . . . . . . . . 18-82 et seq.

See: PROPERTY MAINTENANCE

Southern Pine Beetle infestation . . . . . . . . . 18-54

Storage of boats, recreational vehicles, trail-

ers and trucks . . . . . . . . . . . . . . . . . . . . . 18-166 et seq.

See: STORAGE

Tree preservation . . . . . . . . . . . . . . . . . . . . . . . 18-19 et seq.

See: TREES AND SHRUBBERY

Vegetation obstructing streets . . . . . . . . . . . 18-116 et seq.

See: VEGETATION

EROSION


Erosion control . . . . . . . . . . . . . . . . . . . . . . . 10-3(13)

Rights-of-way, use of

Erosion and stormwater measures . . . . . 34-85

EXCAVATIONS

Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-19

Emergency events for public utilities fran-

chisees . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-23

Nonconformance to application specifica-

tions unlawful . . . . . . . . . . . . . . . . . . . . . 34-20

Permits

Bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-48

Exception . . . . . . . . . . . . . . . . . . . . . . . . . 34-48(b)

Required . . . . . . . . . . . . . . . . . . . . . . . . . . 34-48(a)

Nontransferable and voidable . . . . . . . . . 34-49

When required . . . . . . . . . . . . . . . . . . . . . . . 34-47

Refill and replacement . . . . . . . . . . . . . . . . . . 34-22

Safety and accident prevention . . . . . . . . . . 34-21

EXISTING BUILDING CODE

Amendments (reserved) . . . . . . . . . . . . . . . . . 10-241

Effect of code . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-243


EXISTING BUILDING CODE (Cont'd.)

International Existing Building Code ad-

opted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-240

F

FINANCE

Copying costs. . . . . . . . . . . . . . . . . . . . . . . . . . . 2-137

Emergency management . . . . . . . . . . . . . . . . 14-9

Municipal Court

Building security fund . . . . . . . . . . . . . . . . 24-1

Technology fee . . . . . . . . . . . . . . . . . . . . . . . 24-2

Notice of claims

Location for filing . . . . . . . . . . . . . . . . . . . . 2-161

No authority to waive provisions . . . . . . 2-162

Notice to be sworn. . . . . . . . . . . . . . . . . . . . 2-163

Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-160

FIRE CHIEF

Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2

FIRE CODE

Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-22

International fire code adopted. . . . . . . . . . . 20-21

FIRE DEPARTMENT

Enforcement and obedience to traffic regu-

lations . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40-2

FIRE HYDRANTS

Obstruction prohibited . . . . . . . . . . . . . . . . . . 20-105

Turn-on by unauthorized persons unlawful 20-106

FIRE LANES

Abandonment or closing . . . . . . . . . . . . . . . . . 20-131

Altering, defacing, destroying of fire lane

or tow-away sign. . . . . . . . . . . . . . . . . . . 20-130

Designation by fire marshal . . . . . . . . . . . . . 20-128

Enforcement; issuance of citations; impound-

ment of obstructions . . . . . . . . . . . . . . . 20-134

Modifications . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-133

Parking in fire lanes prohibited . . . . . . . . . . 20-132

Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-136

Plats with fire lanes . . . . . . . . . . . . . . . . . . . . 20-135

Contractor requirement to provide all-

weather fire lane . . . . . . . . . . . . . . . . 20-135(b)

Review process . . . . . . . . . . . . . . . . . . . . . . . 20-135(a)

Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-129

Coloring and mounting . . . . . . . . . . . . . . . 20-129(b)

Curb markings . . . . . . . . . . . . . . . . . . . . . . . 20-129(d)

Placement . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-129(c)

Posting and maintaining . . . . . . . . . . . . . . 20-129(a)

Specifications . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-127

When required . . . . . . . . . . . . . . . . . . . . . . . . . 20-126

FIRE MARSHAL

Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2

FIRE PREVENTION AND PROTECTION

Arson reward. . . . . . . . . . . . . . . . . . . . . . . . . . . 20-156 et seq.

See: ARSON

Fire Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-21 et seq.

See: FIRE CODE


Section Section

CDi:4Supp. No. 8

FIRE PREVENTION AND PROTECTION

(Cont'd.)

Fire hydrants. . . . . . . . . . . . . . . . . . . . . . . . . . . 20-105 et seq.

See: FIRE HYDRANTS

Fire lanes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-126 et seq.

See: FIRE LANES

CODE INDEX

Section Section

CDi:4.1Supp. No. 8

FIRE PREVENTION AND PROTECTION(Cont'd.)

Fire service local agreement . . . . . . . . . . . . . 20-1Fire sprinkler systems . . . . . . . . . . . . . . . . . . 20-48 et seq.

See: FIRE SPRINKLER SYSTEMSFireworks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-72 et seq.

See: FIREWORKS

FIRE SPRINKLER SYSTEMSAmendments to NFPA 13D . . . . . . . . . . . . . . 20-49NFPA 13, NFPA 13D and NFPA 13R 1996

Edition Standards adopted . . . . . . . . . 20-48

FIREARMS AND WEAPONSGeneral provisions re . . . . . . . . . . . . . . . . . . . 26-1Pellet and BB guns . . . . . . . . . . . . . . . . . . . . . 26-2

FIREWORKSDefinitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-72Prohibited activities. . . . . . . . . . . . . . . . . . . . . 20-73

FLOODS AND FLOODINGFlood plain administration

AdministrationDesignation of city engineer as admin-

istrative officer . . . . . . . . . . . . . . . 10-222(a)Duties and responsibilities of the ad-

ministrative officer . . . . . . . . . . . . 10-222(b)Permit procedures . . . . . . . . . . . . . . . . . 10-222(c)Variance procedures. . . . . . . . . . . . . . . . 10-222(d)

Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-220General provisions

Abrogation and greater restrictions . 10-221(e)Basis for establishing areas of special

flood hazard . . . . . . . . . . . . . . . . . . 10-221(b)Compliance. . . . . . . . . . . . . . . . . . . . . . . . 10-221(d)Development permit . . . . . . . . . . . . . . . 10-221(c)Interpretation . . . . . . . . . . . . . . . . . . . . . 10-221(f)Land to which this article applies . . . 10-221(a)Warning and disclaimer of liability . . 10-221(g)

GenerallyFindings of fact . . . . . . . . . . . . . . . . . . . . 10-219(b)Methods of reducing flood losses . . . . 10-219(d)Statement of purpose . . . . . . . . . . . . . . 10-219(c)Statutory authorization . . . . . . . . . . . . 10-219(a)

Provisions for flood hazard reductionFloodways. . . . . . . . . . . . . . . . . . . . . . . . . 10-223(e)General standards . . . . . . . . . . . . . . . . . 10-223(a)Specific standards

Enclosures . . . . . . . . . . . . . . . . . . . . . . 10-223(b)(3)Manufactured homes . . . . . . . . . . . . 10-223(b)(4)

Nonresidential construction . . . . . . 10-223(b)(2)

Recreational vehicles . . . . . . . . . . . . 10-223(b)(5)

Residential construction . . . . . . . . . 10-223(b)(1)

Standards for areas of shallow flood-

ing, AO/AH zones . . . . . . . . . . . . . 10-223(d)

Standards for subdivision proposals . 10-223(c)

FRANCHISES

Excavations


franchisees . . . . . . . . . . . . . . . . . . . . . 34-23

FRANCHISES (Cont'd.)Rights-of-way, use of

Conflicts with existing or future fran-

chises . . . . . . . . . . . . . . . . . . . . . . . . . . 34-93

FUEL GAS CODE

Amendments (reserved) . . . . . . . . . . . . . . . . . 10-226

Effect of code . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-228


International Fuel Gas Code adopted. . . . . 10-225

G

GARAGE SALES

Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28-19

Prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28-20

GARBAGE. See: SOLID WASTE

GAS

Fuel gas code . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-225 et seq.

See: FUEL GAS CODE

Taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-3

GENDER

Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2

H

HELICOPTERS

Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26-4(a)

Prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26-4(b)

HORSES. See: ANIMALS

HOURS OF OPERATION

Solicitors and peddlers . . . . . . . . . . . . . . . . . . 30-24

I

IDENTIFICATION AND IDENTIFICATIONCARDS

Newspaper vending machines. . . . . . . . . . . . 34-182

Solicitors and peddlers . . . . . . . . . . . . . . . . . . 30-28 et seq.


IMPOUNDMENT

Dogs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-22 et seq.

See: ANIMALS

Rabies control

Animal seizure and impoundment . . . . . 8-111

INFESTATIONS. See: PESTS AND PESTCONTROL

INSURANCE

Rights-of-way, use of . . . . . . . . . . . . . . . . . . . . 34-90

Telecommunications providers, use of rights-

of-way by. . . . . . . . . . . . . . . . . . . . . . . . . . 34-124

CODE INDEX

Section Section

CDi:5Supp. No. 7

J

JUDGES

Municipal Court Judge . . . . . . . . . . . . . . . . . . 24-23 et seq.

See: MUNICIPAL COURT

JUNKED MOTOR VEHICLES

Administration . . . . . . . . . . . . . . . . . . . . . . . . . 18-194

Declaration of public nuisance . . . . . . . . . . . 18-196

Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-190

Delegation of authority . . . . . . . . . . . . . . . . . . 18-195

Duty of premises owner or occupant. . . . . . 18-200

Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-193

Notice to abate nuisance; public hearing . . 18-198

Notice to state . . . . . . . . . . . . . . . . . . . . . . . . . . 18-202

Nuisance prohibited. . . . . . . . . . . . . . . . . . . . . 18-197

Order by municipal judge . . . . . . . . . . . . . . . 18-199

Penalty for violation . . . . . . . . . . . . . . . . . . . . 18-191

Proceeds of sale; demolition. . . . . . . . . . . . . . 18-205

Purview of article . . . . . . . . . . . . . . . . . . . . . . . 18-192

Removal of vehicle . . . . . . . . . . . . . . . . . . . . . . 18-203

Sale or disposal of vehicles . . . . . . . . . . . . . . 18-204

Vehicles not to be made operable . . . . . . . . . 18-201

L

LICENSES AND PERMITS

Alarm systems. . . . . . . . . . . . . . . . . . . . . . . . . . 16-46 et seq.

See: ALARM SYSTEMS

Buildings and building regulations

Permits for construction activity. . . . . . . 10-1

Excavations . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-47 et seq.

See: EXCAVATIONS

Mixed beverage permit fee. . . . . . . . . . . . . . . 4-1


Construction permits . . . . . . . . . . . . . . . . . 34-78(c)

Sexually oriented businesses. . . . . . . . . . . . . 6-58 et seq.

See: SEXUALLY ORIENTED BUSI-NESSES

Subdivision regulations . . . . . . . . . . . . . . . . . 36-30


of-way by. . . . . . . . . . . . . . . . . . . . . . . . . . 24-123

Tree removal permit . . . . . . . . . . . . . . . . . . . . 18-20(b) et seq.

See: TREES AND SHRUBBERY


LIGHTS AND LIGHTING

Outdoor lighting

Exception . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-200

Existing lighting . . . . . . . . . . . . . . . . . . . . . 10-198

Game court lighting . . . . . . . . . . . . . . . . . . 10-199

Permit and inspection

Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-197

Required . . . . . . . . . . . . . . . . . . . . . . . . . . 10-196

Restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . 10-195

LIVESTOCK. See: ANIMALS

M

MANUFACTURED HOMES AND MOBILEHOMES

Provisions for flood hazard reduction . . . . . 10-223(b)(2)

MAPS. See: SURVEYS, MAPS AND PLATS

MAYDefined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2

MECHANICAL CODEAmendments . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-142Effect of code . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-144Future amendments . . . . . . . . . . . . . . . . . . . . 10-143International Mechanical Code adopted. . . 10-141

MINORSSexually oriented businesses

Persons younger than 17 years of age . . 6-23 et seq.See: SEXUALLY ORIENTED BUSI-

NESSES

MONTHDefined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2

MONUMENTSSubdivision regulations . . . . . . . . . . . . . . . . . 36-28(d)

MOTOR VEHICLES AND OTHER VEHI-CLES. See: TRAFFIC AND VEHICLES

MULES. See: ANIMALS

MUNICIPAL COURTBuilding security fund . . . . . . . . . . . . . . . . . . 24-1

Administration . . . . . . . . . . . . . . . . . . . . . . . 24-1(e)Created, established . . . . . . . . . . . . . . . . . . 24-1(a)Fee collection . . . . . . . . . . . . . . . . . . . . . . . . 24-1(c)Financing security devices, services. . . . 24-1(d)Security fee assessment authorized, re-

quired . . . . . . . . . . . . . . . . . . . . . . . . . . 24-1(b)Municipal Court Judge

Alternates . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-26Certified copies of ordinances. . . . . . . . . . 24-29Clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-27Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-23Eligibility for appointment . . . . . . . . . . . . 24-24Special expense fee . . . . . . . . . . . . . . . . . . . 24-28Term of office . . . . . . . . . . . . . . . . . . . . . . . . 24-25

Technology fee . . . . . . . . . . . . . . . . . . . . . . . . . . 24-2Administration . . . . . . . . . . . . . . . . . . . . . . . 24-2(e)Assessment authorized, required . . . . . . 24-2(b)Collection. . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-2(c)Created, established . . . . . . . . . . . . . . . . . . 24-2(a)Financing technological enhancements . 24-2(d)

MUSTDefined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2

N

NEWSPAPER VENDING MACHINESDefinitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-179

Identification . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-182


Section Section

CDi:6Supp. No. 7

NEWSPAPER VENDING MACHINES(Cont'd.)

Penalty for violations . . . . . . . . . . . . . . . . . . . 34-183Prohibited attachments . . . . . . . . . . . . . . . . . 34-181Prohibited locations . . . . . . . . . . . . . . . . . . . . . 34-180

NOISEConstruction sites. . . . . . . . . . . . . . . . . . . . . . . 10-3(11)Exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-141Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-137

Measurement . . . . . . . . . . . . . . . . . . . . . . . . 18-137(b)Prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-137(a)

Noise level prohibition . . . . . . . . . . . . . . . . . . 18-138Permitted variations in noise . . . . . . . . . . . . 18-139Prohibited variations in noise. . . . . . . . . . . . 18-140

NOTICES AND NOTIFICATIONJunked motor vehicles

Notice to abate nuisance; public hearing 18-198Notice to state . . . . . . . . . . . . . . . . . . . . . . . 18-202

Property maintenanceNotice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-85

Rights-of-way, use of . . . . . . . . . . . . . . . . . . . . 34-94Sexually oriented businesses. . . . . . . . . . . . . 6-25Vegetation obstructing streets

Notice to remove . . . . . . . . . . . . . . . . . . . . . 18-118

NUISANCESAnimals causing nuisances . . . . . . . . . . . . . . 8-110Junked motor vehicles . . . . . . . . . . . . . . . . . . 18-190 et seq.

See: JUNKED MOTOR VEHICLESNoise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-137 et seq.

See: NOISESouthern Pine Beetle infestation . . . . . . . . . 18-54(a)Substandard buildings and structures

Declaration of nuisance . . . . . . . . . . . . . . . 18-227Vegetation obstructing streets

Nuisance declared . . . . . . . . . . . . . . . . . . . . 18-119

NUMBERDefined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2

O

OATHSDefined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2Emergency management . . . . . . . . . . . . . . . . 14-11

OBSTRUCTIONSFire hydrants. . . . . . . . . . . . . . . . . . . . . . . . . . . 20-105Fire lanes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-134Obstructions of view of traffic by trees or

shrubs . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40-7Rights-of-way, use of

Obstructions to traffic . . . . . . . . . . . . . . . . 34-78(h)Streets, sidewalks and other public places

Intersection visibilityObstruction of visibility prohibited . . 34-193

Vegetation obstructing streets . . . . . . . . . . . 18-116 et seq.See: VEGETATION

OFFENSES

Compliance to lawful order . . . . . . . . . . . . . . 26-3

OFFENSES (Cont'd.)Entry by police on construction sites . . . . . 10-4Firearms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26-1Helicopters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26-4

Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . 26-4(a)Prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . 26-4(b)

Pellet and BB guns . . . . . . . . . . . . . . . . . . . . . 26-2Protection of storm drains and public wa-

terways . . . . . . . . . . . . . . . . . . . . . . . . . . . 26-6

OFFICERS AND EMPLOYEESCity Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-21 et seq.

See: CITY COUNCILMunicipal Court Judge . . . . . . . . . . . . . . . . . . 24-23 et seq.

See: MUNICIPAL COURTPlanning and Zoning Commission . . . . . . . . 2-117 et seq.

See: PLANNING AND ZONING COM-MISSION

Urban forester. . . . . . . . . . . . . . . . . . . . . . . . . . 18-21

OFFICIAL TIME STANDARDDefined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2

OWNERDefined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2

P

PARKINGConstruction sites

Site parking . . . . . . . . . . . . . . . . . . . . . . . . . 10-3(9)Stopping, standing and parking . . . . . . . . . . 20-67 et seq.

See: TRAFFIC AND VEHICLES

PEDDLERS AND PEDDLING. See: SOLICI-TATION AND PEDDLING

PELLET GUNS. See: FIREARMSAND WEAP-ONS

PERMITS. See: LICENSES AND PERMITS

PERSONDefined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2

PESTS AND PEST CONTROLSouthern Pine Beetle infestation

Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-54Authorized entry for inspections . . . . 18-54(c)Denial of entry unlawful . . . . . . . . . . . 18-54(d)Determination; notice; compliance. . . 18-54(e)Permitting, maintaining infested pine

prohibited . . . . . . . . . . . . . . . . . . . . 18-54(b)Public nuisance declaration. . . . . . . . . 18-54(a)

PLANNING AND ZONING COMMISSIONCreated; composition . . . . . . . . . . . . . . . . . . . . 2-117Officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-118Powers and duties . . . . . . . . . . . . . . . . . . . . . . 2-119

PLATS. See: SURVEYS, MAPS AND PLATS

PLUMBING CODEAmendments . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-119

Effect of code . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-121

CODE INDEX

Section Section

CDi:7Supp. No. 7

PLUMBING CODE (Cont'd.)Future amendments . . . . . . . . . . . . . . . . . . . . 10-120International Plumbing Code adopted . . . . 10-118

POLICE DEPARTMENTEnforcement and obedience to traffic regu-

lations . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40-2Entry by police on construction sites . . . . . 10-4

PROPERTYDefined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2Dumpsters

Property adjoining public streets . . . . . . 32-33Junked motor vehicles

Duty of premises owner or occupant . . . 18-200Nonconforming lots, uses and structures. . 44-217 et seq.

See: ZONING (Chapter 44)Solid waste

Property owners, duty of . . . . . . . . . . . . . . 32-4Zoning regulations. See: ZONING (Chap-

ter 44)

PROPERTY MAINTENANCEAbatement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-84Definition of nuisance . . . . . . . . . . . . . . . . . . . 18-83Expenses, collection of . . . . . . . . . . . . . . . . . . 18-86Notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-85

PUBLIC HEALTH OFFICERDefined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2

R

RABIESRabies control . . . . . . . . . . . . . . . . . . . . . . . . . . 8-106 et seq.

See: ANIMALS

REAL PROPERTYDefined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2

RECORDS AND REPORTSRecords management

Article cited; policy and purpose . . . . . . . 2-195City records declared public property . . 2-197Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-196Destruction of original city records . . . . 2-204Development of records retention and

disposition schedules . . . . . . . . . . . . 2-203

Duties of city secretary . . . . . . . . . . . . . . . 2-199

One time destruction of obsolete records 2-205

Permanent preservation of historical re-

cords . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-207

Program established; administrative re-

sponsibility . . . . . . . . . . . . . . . . . . . . . 2-198

Records center . . . . . . . . . . . . . . . . . . . . . . . 2-206

Records retention and disposition sched-

ules adopted . . . . . . . . . . . . . . . . . . . . 2-202

Responsibilities

City department heads . . . . . . . . . . . . . 2-200

Records coordinators . . . . . . . . . . . . . . . 2-201

Transfer, destruction of noncurrent re-

cords . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-208

RECORDS AND REPORTS (Cont'd.)Subdivision regulations

Recording of approved plat required . . . 36-32Substandard buildings and structures

Inspections and reports . . . . . . . . . . . . . . . 18-228Telecommunications providers, use of rights-

of-way by. . . . . . . . . . . . . . . . . . . . . . . . . . 24-123

RECREATIONAL VEHICLESProvisions for flood hazard reduction . . . . . 10-223(b)(5)Storage of boats, recreational vehicles, trail-

ers and trucks . . . . . . . . . . . . . . . . . . . . . 18-166 et seq.See: STORAGE

REPORTS. See: RECORDS AND REPORTS

RESIDENTIAL CODEAmendments . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-59Appendices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-61Automatic sprinkler systems. . . . . . . . . . . . . 10-60Effect of code . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-63Future amendments . . . . . . . . . . . . . . . . . . . . 10-62International Residential Code adopted. . . 10-58

RIGHTS-OF-WAY. See: STREETS, SIDE-WALKS AND OTHER PUBLIC PLACES

RODENTS. See: PESTS AND PEST CON-TROL

RUBBISH. See: SOLID WASTE

S

SAFETYExcavations

Safety and accident prevention . . . . . . . . 34-21Traffic and vehicles

Golf carts on public streets and roads,use of

Required safety equipment . . . . . . . . . 40-83

SALESGarage sales . . . . . . . . . . . . . . . . . . . . . . . . . . . 28-19 et seq.

See: GARAGE SALESJunked motor vehicles . . . . . . . . . . . . . . . . . . 18-190 et seq.


SECONDHAND GOODSGarage sales . . . . . . . . . . . . . . . . . . . . . . . . . . . 28-19 et seq.

See: GARAGE SALES

SECURITYConstruction sites. . . . . . . . . . . . . . . . . . . . . . . 10-3(14)

SENIOR CITIZENS. See: ELDERLY PER-SONS

SEWERS AND SEWAGE. See: WATER ANDSEWERS

SEXUALLY ORIENTED BUSINESSESApplicability of provisions to existing busi-

nesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-20

Authority to file suit . . . . . . . . . . . . . . . . . . . . 6-27


Section Section

CDi:8Supp. No. 7

SEXUALLY ORIENTED BUSINESSES(Cont'd.)

Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-19Enforcement of article; authority to enter

premises . . . . . . . . . . . . . . . . . . . . . . . . . . 6-26Exterior portions of establishment . . . . . . . 6-21

Flashing lights, lettering, pictures . . . . . 6-21(b)Nonconforming existing businesses . . . . 6-21(e)Prohibited coloring . . . . . . . . . . . . . . . . . . . 6-21(c)Unpainted exteriors . . . . . . . . . . . . . . . . . . 6-21(d)Visible merchandise, activities. . . . . . . . . 6-21(a)

Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-25Permits

Application . . . . . . . . . . . . . . . . . . . . . . . . . . 6-59Fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-60Issuance or denial . . . . . . . . . . . . . . . . . . . . 6-61Lawfully permitted business not ren-

dered unlawful . . . . . . . . . . . . . . . . . . 6-64Other provisions . . . . . . . . . . . . . . . . . . . . . 6-63Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-58Revocation . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-62

Persons younger than 17 years of ageProhibited from employment . . . . . . . . . . 6-24Prohibited from entry. . . . . . . . . . . . . . . . . 6-23

As customers . . . . . . . . . . . . . . . . . . . . . . 6-23(a)Attendant required at entrance . . . . . 6-23(b)

Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-22

SHALLDefined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2

SHRUBBERY. See: TREES AND SHRUB-BERY

SIDEWALKS. See: STREETS, SIDEWALKSAND OTHER PUBLIC PLACES

SIGNATUREDefined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2

SIGNS AND BILLBOARDSFire lanes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-129Sexually oriented businesses. . . . . . . . . . . . . 6-22Traffic control devices . . . . . . . . . . . . . . . . . . . 40-3Truck traffic . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40-39Zoning regulations. See: ZONING (Chap-

ter 44)

SOLICITATION AND PEDDLINGCharitable solicitations

Certificate of registration

Expiration. . . . . . . . . . . . . . . . . . . . . . . . . 30-80

Issuance . . . . . . . . . . . . . . . . . . . . . . . . . . 30-77

Not transferable . . . . . . . . . . . . . . . . . . . 30-78

Prescribed form. . . . . . . . . . . . . . . . . . . . 30-79

Required while engaged in solicita-

tion of funds. . . . . . . . . . . . . . . . . . 30-81

Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-53

Exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-58

Public disclosure . . . . . . . . . . . . . . . . . . . . . 30-57

Registration fee . . . . . . . . . . . . . . . . . . . . . . 30-56

Registration statement . . . . . . . . . . . . . . . 30-55

SOLICITATION AND PEDDLING (Cont'd.)Unlawful solicitation . . . . . . . . . . . . . . . . . 30-54

Solicitors and peddlersAppeal of denial or revocation . . . . . . . . . 30-32Authority for admission to inspect . . . . . 30-23Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-19Denial of certificate, card to specified

individuals. . . . . . . . . . . . . . . . . . . . . . 30-30Display of identification card . . . . . . . . . . 30-29Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . 30-21Hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-24Identification cards . . . . . . . . . . . . . . . . . . . 30-28Liability of corporate officers . . . . . . . . . . 30-20Registration certificate. . . . . . . . . . . . . . . . 30-27Registration fee . . . . . . . . . . . . . . . . . . . . . . 30-26Registration statement . . . . . . . . . . . . . . . 30-25Revocation of certificate. . . . . . . . . . . . . . . 30-31Unlawful conduct . . . . . . . . . . . . . . . . . . . . 30-22

SOLID WASTEConstruction sites, regulations

Garbage disposal . . . . . . . . . . . . . . . . . . . . . 10-3(6)Waste containers . . . . . . . . . . . . . . . . . . . . . 10-3(2)

Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-1Dumpsters

Placement . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-31Property adjoining public streets . . . . . . 32-33Screening . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-32

Prohibited activities. . . . . . . . . . . . . . . . . . . . . 32-2Property owners, duty of . . . . . . . . . . . . . . . . 32-4Residential solid waste disposal

Collection schedule . . . . . . . . . . . . . . . . . . . 32-24Point of collection . . . . . . . . . . . . . . . . . . . . 32-22Required containers . . . . . . . . . . . . . . . . . . 32-23Services provided by the city . . . . . . . . . . 32-21

Unapproved sites prohibited, use of . . . . . . 32-3

SPRINKLER SYSTEMSFire sprinkler systems . . . . . . . . . . . . . . . . . . 20-48 et seq.

See: FIRE SPRINKLER SYSTEMSResidential Code. . . . . . . . . . . . . . . . . . . . . . . . 10-60

STABLESHorses, mules, donkeys and cattle

Storage, disposal of manure at stables . 8-61

STATEDefined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2

STORAGEBoats, recreational vehicles, trailers and

trucks, storage ofExceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-167Prohibited locations . . . . . . . . . . . . . . . . . . 18-166Storage of trailers . . . . . . . . . . . . . . . . . . . . 18-168

Definitions . . . . . . . . . . . . . . . . . . . . . . . . 18-168(a)

Exceptions . . . . . . . . . . . . . . . . . . . . . . . . 18-168(c)

Storage regulations . . . . . . . . . . . . . . . . 18-168(b)


Storage of materials and tools . . . . . . . . . 10-3(4)

Horses, mules, donkeys and cattle, etc.

Storage, disposal of manure at stables . 8-61

CODE INDEX

Section Section

CDi:9Supp. No. 7

STORAGE (Cont'd.)



STORMWATER

Offenses

Protection of storm drains and public

waterways . . . . . . . . . . . . . . . . . . . . . . 26-6



STREETS, SIDEWALKS AND OTHER PUB-LIC PLACES

Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2

Drainage culverts . . . . . . . . . . . . . . . . . . . . . . . 34-153 et seq.

See: CULVERTS

Dumpsters

Property adjoining public streets . . . . . . 32-33

Excavations . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-19 et seq.

See: EXCAVATIONS

Golf carts on public streets and roads, use

of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40-80 et seq.

See: TRAFFIC AND VEHICLES

Intersection visibility

Obstruction of visibility prohibited. . . . . 34-193

Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-190

Visibility triangle defined . . . . . . . . . . . . . 34-191

Visibility window defined . . . . . . . . . . . . . 34-192

Newspaper vending machines. . . . . . . . . . . . 34-179 et seq.

See: NEWSPAPER VENDING MA-CHINES


Appeal from denial or revocation of per-

mit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-92

Bonding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-82

Conflicts with existing or future fran-

chises . . . . . . . . . . . . . . . . . . . . . . . . . . 34-93

Conservation of public rights-of-way . . . 34-79

Construction

Regulations

Closing of streets . . . . . . . . . . . . . . . . 34-78(i)

Construction drawings. . . . . . . . . . . 34-78(j)

Construction permits . . . . . . . . . . . . 34-78(c)

Emergency repairs; restoration of

service. . . . . . . . . . . . . . . . . . . . . 34-78(d)

Excavations. . . . . . . . . . . . . . . . . . . . . 34-78(a)

Interference with use of property . 34-78(b)

Maintenance period; delay in con-

struction. . . . . . . . . . . . . . . . . . . 34-78(f)

Obstructions to traffic . . . . . . . . . . . 34-78(h)

Restoration of surface . . . . . . . . . . . 34-78(e)

Routine maintenance . . . . . . . . . . . . 34-78(g)

Within public rights-of-way . . . . . . . . . 34-77

Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-74


Guarantee of performance

Bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-89(1)

Letters of credit . . . . . . . . . . . . . . . . . . . 34-89(2)

Statement of fiscal responsibility. . . . 34-89(3)

STREETS, SIDEWALKS AND OTHER PUB-LIC PLACES (Cont'd.)Insurance and indemnity

Acts and omissions of officers, agents,

etc., of the user . . . . . . . . . . . . . . . 34-90(c)

Benefit of the city . . . . . . . . . . . . . . . . . . 34-90(d)

Generally

Cancellation . . . . . . . . . . . . . . . . . . . . 34-90(a)(6)

Deductibles . . . . . . . . . . . . . . . . . . . . . 34-90(a)(5)

Delivery of policies . . . . . . . . . . . . . . 34-90(a)(10)

Form of policies . . . . . . . . . . . . . . . . . 34-90(a)(2)

Insured parties. . . . . . . . . . . . . . . . . . 34-90(a)(4)

Issuers of policies . . . . . . . . . . . . . . . 34-90(a)(3)

Liability for premium. . . . . . . . . . . . 34-90(a)(8)

Liability of user . . . . . . . . . . . . . . . . . 34-90(a)(11)

"Other insurance" clause. . . . . . . . . 34-90(a)(9)

Risks and limits of liability . . . . . . 34-90(a)(1)

Self-insurance. . . . . . . . . . . . . . . . . . . 34-90(a)(12)

Subrogation. . . . . . . . . . . . . . . . . . . . . 34-90(a)(7)

Indemnity . . . . . . . . . . . . . . . . . . . . . . . . . 34-90(b)

Line location and identification . . . . . . . . 34-87

Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-94

Obsolete facilities . . . . . . . . . . . . . . . . . . . . 34-81

Penalties; remedies

Civil penalties . . . . . . . . . . . . . . . . . . . . . 34-95(b)

Criminal penalty . . . . . . . . . . . . . . . . . . 34-95(a)

Placement of facilities . . . . . . . . . . . . . . . . 34-86

Planning for capital improvement proj-

ects . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-88

Registration required . . . . . . . . . . . . . . . . . 34-76

Relocation or removal of facilities. . . . . . 34-80

Revocation or denial of construction per-

mits . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-91

Telecommunications providers, use of

rights-of-way by . . . . . . . . . . . . . . . . . 34-119 et seq.

See: TELECOMMUNICATIONS

Temporary rearrangement of aerial wires

and cables . . . . . . . . . . . . . . . . . . . . . . 34-83

Tree trimming . . . . . . . . . . . . . . . . . . . . . . . 34-84

Unauthorized use of public rights-of-

way prohibited . . . . . . . . . . . . . . . . . . 34-75

Storage, disposal of manure at stables

Depositing on streets, public places pro-

hibited . . . . . . . . . . . . . . . . . . . . . . . . . 8-61(c)

Subdivision regulations . . . . . . . . . . . . . . . . . 36-28(a)

Subdivisions and divisions of land

Private streets . . . . . . . . . . . . . . . . . . . . . . . 36-2

Streets and roads, generally. . . . . . . . . . . 36-1


of-way by. . . . . . . . . . . . . . . . . . . . . . . . . . 34-119 et seq.

See: TELECOMMUNICATIONS


See: VEGETATION

SUBDIVISIONS AND DIVISIONS OF LAND

Flood hazard reduction . . . . . . . . . . . . . . . . . . 10-223(c)

Private streets. . . . . . . . . . . . . . . . . . . . . . . . . . 36-2

Streets and roads, generally . . . . . . . . . . . . . 36-1


Section Section

CDi:10Supp. No. 7

SUBDIVISIONS AND DIVISIONS OF LAND

(Cont'd.)

Subdivision regulations

Additional notice and hearing require-

ments for certain replats. . . . . . . . . 36-26

Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-22

Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-27

Final plat

Form and content . . . . . . . . . . . . . . . . . . 36-25(a)

Processing of final plat . . . . . . . . . . . . . 36-25(b)

Title report . . . . . . . . . . . . . . . . . . . . . . . . 36-25(c)

Liability of city to furnish improvements 36-31

Preliminary plat and accompanying data

Applications . . . . . . . . . . . . . . . . . . . . . . . 36-24(b)

Form and content . . . . . . . . . . . . . . . . . . 36-24(d)

Preliminary conference . . . . . . . . . . . . . 36-24(a)

Presentment of application . . . . . . . . . 36-24(c)

Processing of preliminary plat . . . . . . 36-24(e)

Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-21

Recording of approved plat required . . . 36-32

Requirements for permit issuance . . . . . 36-30

Responsibilities of the subdivider . . . . . . 36-29

Special provisions . . . . . . . . . . . . . . . . . . . . 36-23

Standards and specifications

Drainage . . . . . . . . . . . . . . . . . . . . . . . . . . 36-28(e)

Drainage facilities . . . . . . . . . . . . . . . 36-28(e)(2)

Easement. . . . . . . . . . . . . . . . . . . . . . . 36-28(e)(1)

Hike and bike trails. . . . . . . . . . . . . . . . 36-28(f)

Monuments . . . . . . . . . . . . . . . . . . . . . . . 36-28(d)

Sewers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-28(c)

Streets

Additional requirements for turn

circles . . . . . . . . . . . . . . . . . . . . . 36-28(a)(5)

Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-28(7)

Flag or key-shaped lots . . . . . . . . . . 36-28(8)

Layout . . . . . . . . . . . . . . . . . . . . . . . . . 36-28(a)(1)

Lots situated along Memorial Drive,

Voss Road or Bingle Road . . . 36-28(a)(3)

Minimum street frontage . . . . . . . . 36-28(a)(4)

Relation to adjoining street system 36-28(a)(2)

Rights-of-way and pavement widths 36-28(a)(6)

Water supply and distribution . . . . . . 36-28(b)

SUBSTANDARD BUILDINGS AND STRUC-

TURES

Declaration of nuisance . . . . . . . . . . . . . . . . . 18-227

Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-225

Inspections and reports . . . . . . . . . . . . . . . . . 18-228

Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-229

Provisions of state law, incorporation of . . 18-224

Remedial action . . . . . . . . . . . . . . . . . . . . . . . . 18-231

Standards for orders . . . . . . . . . . . . . . . . . . . . 18-230

Substandard buildings and structures . . . . 18-226

SURVEYS, MAPS AND PLATS

Official zoning map . . . . . . . . . . . . . . . . . . . . . 44-126

Subdivision regulations . . . . . . . . . . . . . . . . . 36-21 et seq.

See: SUBDIVISIONS AND DIVISIONS

OF LAND

T

TAXATION

Elderly homestead exemption. . . . . . . . . . . . 38-1

Freeport goods. . . . . . . . . . . . . . . . . . . . . . . . . . 38-2

Gas and electricity for residential use . . . . 38-3

Telecommunications services. . . . . . . . . . . . . 38-4

TELECOMMUNICATIONS

Taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38-4

Use of rights-of-way by telecommunica-

tions providers

Compensation; books and records

Circumvention of license fees prohib-

ited . . . . . . . . . . . . . . . . . . . . . . . . . . 34-123(f)

Late payments; default . . . . . . . . . . . . . 34-123(e)

License

Exclusions for certain economi-

cally disadvantaged custom-

ers . . . . . . . . . . . . . . . . . . . . . . . . 34-123(b)(6)

Facilities charge method . . . . . . . . . 34-123(b)(4)

Gross revenue method . . . . . . . . . . . 34-123(b)(3)

Leased network facilities. . . . . . . . . 34-123(b)(7)

Monthly fee . . . . . . . . . . . . . . . . . . . . . 34-123(b)(2)

Payment due dates; calculation re-

port . . . . . . . . . . . . . . . . . . . . . . . 34-123(b)(5)

Per subscriber/customer method . . 34-123(b)(1)

License fees

Providers not serving customers

within the city . . . . . . . . . . . . . 34-123(c)

Providers of wired telecommunica-

tions services

Exclusions for certain economi-

cally disadvantaged cus-

tomers . . . . . . . . . . . . . . . . . . 34-123(a)(3)

Leased network facilities . . . . . . 34-123(a)(4)

Monthly charge . . . . . . . . . . . . . . . 34-123(a)(1)

Payment due dates; calculation

report; access lines. . . . . . . 34-123(a)(2)

No other fees . . . . . . . . . . . . . . . . . . . . . . 34-123(i)

No release. . . . . . . . . . . . . . . . . . . . . . . . . 34-123(h)

Records . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-123(j)

Reporting requirements . . . . . . . . . . . . 34-123(d)

Uncollectibles . . . . . . . . . . . . . . . . . . . . . 34-123(g)

Default and termination

Cure period . . . . . . . . . . . . . . . . . . . . . . . 34-125(b)

Events of Default . . . . . . . . . . . . . . . . . . 34-125(a)

Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-120

Indemnification and insurance

Indemnity . . . . . . . . . . . . . . . . . . . . . . . . . 34-124(a)

Insurance . . . . . . . . . . . . . . . . . . . . . . . . . 34-124(b)

Lapse of coverage an event of default 34-124(d)

No right of recovery . . . . . . . . . . . . . . . . 34-124(c)

Miscellaneous provisions

Abandonment of public rights-of-way 34-127(d)

Annexation and disannexation . . . . . . 34-127(b)

Confidential records. . . . . . . . . . . . . . . . 34-127(c)

Controlling law . . . . . . . . . . . . . . . . . . . . 34-127(g)

Effective date of license . . . . . . . . . . . . 34-127(h)

Force majeure . . . . . . . . . . . . . . . . . . . . . 34-127(f)

Right to audit . . . . . . . . . . . . . . . . . . . . . 34-127(e)

CODE INDEX

Section Section

CDi:11Supp. No. 8

TELECOMMUNICATIONS (Cont'd.)

Work by others, construction by abut-

ting owners and alterations to

conform with public improve-

ments . . . . . . . . . . . . . . . . . . . . . . . . 34-127(a)

Public use license

Application required, contents . . . . . . 34-122(a)

Conditions of license

Abandonment of obsolete network

facilities . . . . . . . . . . . . . . . . . . . 34-122(d)(7)

Bonding . . . . . . . . . . . . . . . . . . . . . . . . 34-122(d)(8)

Compliance with law . . . . . . . . . . . . 34-122(d)(2)

Conservation of public rights-of-

way . . . . . . . . . . . . . . . . . . . . . . . 34-122(d)(4)

Construction regulations . . . . . . . . . 34-122(d)(3)

Interference with public use pro-

hibited . . . . . . . . . . . . . . . . . . . . 34-122(d)(1)

Relocation or removal of facilities. 34-122(d)(5)

Temporary rearrangement of aer-

ial wires and cables . . . . . . . . 34-122(d)(9)

Term . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-122(d)(11)

Timely completion . . . . . . . . . . . . . . . 34-122(d)(6)

Tree trimming . . . . . . . . . . . . . . . . . . 34-122(d)(10)

License ordinance. . . . . . . . . . . . . . . . . . 34-122(c)

Standards for approval . . . . . . . . . . . . . 34-122(b)

Purpose

Existing franchise rights preserved. . 34-119(c)

Protection of rights-of-way; neutral-

ity . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-119(a)

Services not regulated. . . . . . . . . . . . . . 34-119(b)

Transfer of authority

Assignments not requiring approval . 34-126(d)

Process . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-126(b)

Prohibition . . . . . . . . . . . . . . . . . . . . . . . . 34-126(a)

Release . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-126(e)

Scope of review . . . . . . . . . . . . . . . . . . . . 34-126(c)

Unauthorized use

Authorization required . . . . . . . . . . . . . 34-121(a)

Liability for fees . . . . . . . . . . . . . . . . . . . 34-121(b)

TENSE

Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2

TRAFFIC AND VEHICLES

Authorized emergency vehicles. . . . . . . . . . . 40-8

Bicycle paths . . . . . . . . . . . . . . . . . . . . . . . . . . . 40-9

Dig out or tire squeal prohibited . . . . . . . . . 40-6

Enforcement and obedience to traffic regu-

lations

Arrest without warrant . . . . . . . . . . . . . . . 40-2(d)

Authority of police and fire department

personnel . . . . . . . . . . . . . . . . . . . . . . . 40-2(a)

Obedience to police and fire department

personnel . . . . . . . . . . . . . . . . . . . . . . . 40-2(c)

Required obedience to traffic chapter. . . 40-2(b)

General authority

Traffic control devices, signals, etc. . . . . 40-5(b)

Turns, crosswalks, yield, parking and

weight limits. . . . . . . . . . . . . . . . . . . . 40-5(a)

TRAFFIC AND VEHICLES (Cont'd.)

Golf carts on public streets and roads, use

of

Excluded streets and roads. . . . . . . . . . . . 40-81

Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40-80

Golf carts defined . . . . . . . . . . . . . . . . . . . . 40-82

Operating requirements . . . . . . . . . . . . . . 40-84

Penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40-85

Required safety equipment. . . . . . . . . . . . 40-83


Obstructions of view of traffic by trees or

shrubs . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40-7


Obstructions to traffic . . . . . . . . . . . . . . . . 34-78(h)

Speed regulations

Altered speed limits . . . . . . . . . . . . . . . . . . 40-4(b)

Speeds unlawful when signs in place . . 40-4(c)

State speed laws applicable . . . . . . . . . . . 40-4(a)

Twenty-five miles per hour speed limits

on certain streets. . . . . . . . . . . . . . . . 40-4(d)

Stopping, standing and parking

Fire lanes. . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-132

No parking zones. . . . . . . . . . . . . . . . . . . . . 40-70

On Hickory Hollow . . . . . . . . . . . . . . . . . . . 40-68

On rights-of-way . . . . . . . . . . . . . . . . . . . . . 40-67

Stopping, standing or parking of unat-

tended motor vehicle . . . . . . . . . . . . 40-71

Sufficient passageway required . . . . . . . . 40-69

Zoning regulations. See: ZONING (Chap-

ter 44)

Traffic administration

Emergency and experimental regula-

tions . . . . . . . . . . . . . . . . . . . . . . . . . . . 40-1(b)

Presumptions . . . . . . . . . . . . . . . . . . . . . . . . 40-1(c)

Responsibility and authority of city coun-

cil . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40-1(a)

Traffic control devices

Existing traffic control devices ratified

and codified . . . . . . . . . . . . . . . . . . . . . 40-3(c)

Official traffic control devices, presump-

tion of legality . . . . . . . . . . . . . . . . . . 40-3(b)

Specifications for traffic control devices. 40-3(a)

Truck traffic

Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . 40-38

Prohibited routes . . . . . . . . . . . . . . . . . . . . . 40-37

Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40-39

TRAILERS



See: STORAGE

TRASH. See: SOLID WASTE

TREES AND SHRUBBERY

Obstructions of view of traffic by trees or

shrubs . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40-7

Tree preservation

Affirmative defenses . . . . . . . . . . . . . . . . . . 18-24

Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-19

Penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-23


Section Section

CDi:12Supp. No. 8

TREES AND SHRUBBERY (Cont'd.)Preservation and protection of trees

Intent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-20(a)Protection of trees during site prepa-

ration or construction activityDesign constraints. . . . . . . . . . . . . . . 18-20(f)(3)Prohibited activities . . . . . . . . . . . . . 18-20(f)(1)Required procedures . . . . . . . . . . . . . 18-20(f)(2)

Tree removal permit requiredEmergency removal . . . . . . . . . . . . . 18-20(b)(3)Other removal . . . . . . . . . . . . . . . . . . 18-20(b)(2)Removal in connection with site

development or construction. 18-20(b)(1)Tree replacement

Exceptions to replacement require-ments . . . . . . . . . . . . . . . . . . . . . 18-20(e)(5)

Generally . . . . . . . . . . . . . . . . . . . . . . . 18-20(e)(1)Location requirements for new

home construction . . . . . . . . . . 18-20(e)(3)Replacement of trees that die within

five years after constructionactivity . . . . . . . . . . . . . . . . . . . . 18-20(e)(6)

Special rule for removals related todriveway construction . . . . . . 18-20(e)(2)

Timing of planting. . . . . . . . . . . . . . . 18-20(e)(4)Tree survey and tree disposition and

protection plan requiredSingle tree exception . . . . . . . . . . . . 18-20(c)(2)Small projects exception . . . . . . . . . 18-20(c)(1)

Utility right-of-way maintenance. . . . 18-20(d)Suggested trees for the city . . . . . . . . . . . 18-25Urban forester

Appointment . . . . . . . . . . . . . . . . . . . . . . 18-21(a)Duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-21(b)

Violations. . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-22

Tree trimming

Rights-of-way, use of. . . . . . . . . . . . . . . . . . 34-84

Telecommunications providers, use of

rights-of-way by . . . . . . . . . . . . . . . . . 24-123(d)(10)


See: VEGETATION


TRUCKS



See: STORAGE

U

UTILITIES

Excavations


franchisees . . . . . . . . . . . . . . . . . . . . . 34-23

Sewer system. . . . . . . . . . . . . . . . . . . . . . . . . . . 42-42 et seq.

See: WATER AND SEWERS

Tree preservation and protection

Utility right-of-way maintenance . . . . . . 18-20(d)

Water system. . . . . . . . . . . . . . . . . . . . . . . . . . . 42-19

V

VACCINATIONSRabies control

Vaccination required. . . . . . . . . . . . . . . . . . 8-107

VEGETATIONVegetation obstructing streets

Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-116Notice to remove . . . . . . . . . . . . . . . . . . . . . 18-118Nuisance declared . . . . . . . . . . . . . . . . . . . . 18-119Prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-117

VEHICLES. See: TRAFFIC AND VEHICLES

VERMIN. See: PESTS AND PEST CON-TROL

V.T.C.S., V.T.P.C., V.T.C.C.P., AND V.T.C.A.Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2

W

WATER AND SEWERSSewer system

Connection of building sewer outlet toservice line . . . . . . . . . . . . . . . . . . . . . 42-45

Connection permit. . . . . . . . . . . . . . . . . . . . 42-47Excluded flow and waste . . . . . . . . . . . . . . 42-48Fittings and cleanouts . . . . . . . . . . . . . . . . 42-46Mandatory sewer connections . . . . . . . . . 42-42Septic tanks . . . . . . . . . . . . . . . . . . . . . . . . . 42-43Service lines . . . . . . . . . . . . . . . . . . . . . . . . . 42-44

Subdivision regulationsSewers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-28(c)Water supply and distribution . . . . . . . . . 36-28(b)

Water systemMandatory water connections . . . . . . . . . 42-19

WEAPONS. See: FIREARMS AND WEAP-ONS

WILD ANIMALS. See: ANIMALS

WIRES AND CABLESRights-of-way, use of

Temporary rearrangement of aerial wiresand cables . . . . . . . . . . . . . . . . . . . . . . 34-83

WRITTENDefined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2

Y

YEARDefined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2

Z

ZONING (Chapter 44)

Accessory structures

District R single-family residential dis-

trict . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44-162

CODE INDEX

Section Section

CDi:13Supp. No. 7

ZONING (Chapter 44) (Cont'd.)Administration and enforcement

Administrative official . . . . . . . . . . . . . . . . 44-27

Existing permits and private agree-

ments . . . . . . . . . . . . . . . . . . . . . . . . . . 44-29

Preserving rights in pending litigation;

violations . . . . . . . . . . . . . . . . . . . . . . . 44-30

Procedure for specific use permits . . . . . 44-31

Posted notice . . . . . . . . . . . . . . . . . . . . . . 44-31(1)

Standards for development . . . . . . . . . 44-31(2)

Requirements for building permit. . . . . . 44-28

Schedule of fees, charges and expenses. 44-32

Violation and penalties . . . . . . . . . . . . . . . 44-33

Amendments

Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44-255

Public hearing

City council . . . . . . . . . . . . . . . . . . . . . . . 44-258

Planning and zoning commission. . . . 44-257

Submission to planning and zoning com-

mission . . . . . . . . . . . . . . . . . . . . . . . . . 44-256

Vote required in the event of nonap-

proval or protest . . . . . . . . . . . . . . . . 44-259

Area regulations

District B business district . . . . . . . . . . . . 44-184


trict . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44-160

Automobile shelters


trict . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44-161

Board of Adjustment

Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44-97

Duties of administrative official, city coun-

cil and courts on appeal matters. . 44-98

Establishment and procedure . . . . . . . . . 44-90

Hearings, appeals and notice . . . . . . . . . . 44-92

Powers and duties . . . . . . . . . . . . . . . . . . . . 44-94

Administrative review. . . . . . . . . . . . . . 44-94(1)

Special exceptions; conditions govern-

ing applications; procedures . . . 44-94(2)

Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . 44-91

Stay of proceedings . . . . . . . . . . . . . . . . . . . 44-93

Variances; conditions governing applica-

tions; authority and limitations. . . 44-95

Voting requirements . . . . . . . . . . . . . . . . . . 44-96

Certificates of occupancy

Contents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44-58

Procedure for new or altered buildings . 44-56

Procedure for vacant land or a change in

use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44-57

Requirements . . . . . . . . . . . . . . . . . . . . . . . . 44-55

Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44-2

Dish antennas


trict . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44-164

District B business district

Area regulations . . . . . . . . . . . . . . . . . . . . . 44-184

Maximum lot coverage by all build-

ings and structures . . . . . . . . . . . 44-184(3)

Minimum building line requirements 44-184(2)

ZONING (Chapter 44) (Cont'd.)Minimum lot requirements-area, width

and depth . . . . . . . . . . . . . . . . . . . . 44-184(1)Minimum size of principal building . 44-184(4)

District separation requirements . . . . . . 44-189Limitation on signs. . . . . . . . . . . . . . . . . . . 44-188Maximum height of structures . . . . . . . . 44-183Off-street parking requirements . . . . . . . 44-185Outdoor storage prohibited. . . . . . . . . . . . 44-187Service area requirements . . . . . . . . . . . . 44-186Use regulations . . . . . . . . . . . . . . . . . . . . . . 44-182

Permitted accessory uses and struc-tures. . . . . . . . . . . . . . . . . . . . . . . . . 44-182(3)

Permitted principal uses and struc-ture. . . . . . . . . . . . . . . . . . . . . . . . . . 44-182(1)

Prohibited uses and structures. . . . . . 44-182(4)Uses permitted by specific use permit 44-182(2)

District R single-family residential districtAccessory structures . . . . . . . . . . . . . . . . . . 44-162Area regulations . . . . . . . . . . . . . . . . . . . . . 44-160

Size of buildings . . . . . . . . . . . . . . . . . . . 44-160(3)Size of lot . . . . . . . . . . . . . . . . . . . . . . . . . 44-160(1)Size of yards . . . . . . . . . . . . . . . . . . . . . . 44-160(2)

Automobile shelters . . . . . . . . . . . . . . . . . . 44-161Driveways. . . . . . . . . . . . . . . . . . . . . . . . . 44-161(1)Minimum size . . . . . . . . . . . . . . . . . . . . . 44-161(2)

Dish antennas . . . . . . . . . . . . . . . . . . . . . . . 44-164Emergency electric generators. . . . . . . . . 44-166Fences and walls . . . . . . . . . . . . . . . . . . . . . 44-163Height regulations . . . . . . . . . . . . . . . . . . . 44-159Home occupations . . . . . . . . . . . . . . . . . . . . 44-165

Authorization. . . . . . . . . . . . . . . . . . . . . . 44-165(a)Home occupations permitted. . . . . . . . 44-165(c)Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . 44-165(b)

Special exceptions to use regulations. . . 44-158Use regulations . . . . . . . . . . . . . . . . . . . . . . 44-157

District regulationsCompliance with the regulations . . . . . . 44-128District B business district . . . . . . . . . . . . 44-182 et seq.

See herein specific districtDistrict R single-family residential dis-

trict . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44-157 et seq.

See herein specific district

Drainage . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44-129

Establishment of districts . . . . . . . . . . . . . 44-125

Official zoning map . . . . . . . . . . . . . . . . . . . 44-126

Rules for the interpretation of district

boundaries. . . . . . . . . . . . . . . . . . . . . . 44-127

Fences and walls


trict . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44-163

Height regulations


trict . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44-159

Home occupations


trict . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44-165

Interpretation, purpose and conflict . . . . . . 44-4

Nonconforming lots, uses and structures

Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44-217


Section Section

CDi:14Supp. No. 7

ZONING (Chapter 44) (Cont'd.)Nonconforming lots of record . . . . . . . . . . 44-218

Alteration or repair of nonconformingbuilding and structures . . . . . . . 44-218(5)

Building regulations for nonconform-ing lots. . . . . . . . . . . . . . . . . . . . . . . 44-218(b)

Definitions . . . . . . . . . . . . . . . . . . . . . . . . 44-218(1)Generally . . . . . . . . . . . . . . . . . . . . . . . . . 44-218(a)Maximum building height for noncon-

forming lots . . . . . . . . . . . . . . . . . . 44-218(4)Maximum lot coverage for noncon-

forming lots . . . . . . . . . . . . . . . . . . 44-218(3)Minimum required yards . . . . . . . . . . . 44-218(2)

Nonconforming structures. . . . . . . . . . . . . 44-220Nonconforming uses of land or land with

minor structures only. . . . . . . . . . . . 44-219Nonconforming uses of structures or of

structures and premises in combi-nation . . . . . . . . . . . . . . . . . . . . . . . . . . 44-221

Repairs and maintenance . . . . . . . . . . . . . 44-222Uses under special exceptions provi-

sions not nonconforming uses . . . . 44-223Off-street parking requirements

District B business district . . . . . . . . . . . . 44-185Service area requirements

District B business district . . . . . . . . . . . . 44-186Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44-1Signs, limitation on

District B business district . . . . . . . . . . . . 44-188Use regulations

District B business district . . . . . . . . . . . . 44-182District R single-family residential dis-

trict . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44-157Validity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44-3

CODE INDEX

Section Section

CDi:15Supp. No. 7

CODE OF ORDINANCES City of HUNTERS CREEK VILLAGE ...

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