Loading...
HomeMy WebLinkAboutSupplement No. 04 - 1974 Code of Ordinances SUPPLEMENT NO. 4 �—� CODE OF ORDINANCES City of EULESS, TEXAS Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through Ordinance No. 513, enacted December 14, 1976. See Code Comparative Table, page 1470. Remove old pages Insert new pages xiii, xiv xiii, xiv 183, 184, 185 209, 210 209, 210 287, 288 287, 288, 288.1 525, 526 525, 526 531 through 534 531 through 534.1 539 539 through 543 589, 590 589, 590 603, 604 603 through 609 1469, 1470 1469, 1470 Index pages Index pages 1497, 1498 1497, 1498, 1498.1 1506.1, 1507, 1508 1507, 1508, 1508.1 1513, 1514 1513, 1514 1517 through 1520 1517 through 1520.1 1557, 1558, 1559 1557, 1558, 1559 Place this instruction sheet inside front cover of Code. Retain until each subsequent Supplement is inserted. MUNICIPAL CODE CORPORATION Tallahassee, Florida September 29, 1977 TABLE OF CONTENTS Page Officials of City at Time of Codification iii Preface — v Ordinance Adopting Code ix PART I THE CHARTER Charter — 1 Art. I. Incorporation, Form of Government and Powers 1 Art. II. City Council 7 Art. III. Elections —__—__—__ 12.1 Art. IV. Initiative, Referendum and Recall _____ 17 Art. V. Administrative Organization 22 Art. VI. Municipal Court 25 Art. VII. Finance 26 Art. VIII. Bonds, Warrants and Other Evi- dence of Indebtedness 29 Art. IX. Taxation 32 Art. X. Planning 36 Art. XI. Franchises and Public Utilities 38 Art. XII. General Provisions 42 Art. XIII. Parks and Recreation 48 Art. XIV. Library Board 49 Charter Comparative Table 95 PART II CODE OF ORDINANCES Chapter 1. Genera] Provisions 99 2. Administration 153 Art. I. In General 153 Art. II. Civil Service System 159 21/2. Alcoholic Beverages 183 Supp.No. 4 xiii EULESS CODE -^ Chapter Page 3. Animals and Rabies Control 207 4. Buildings and Structures 265 Art. I. In General _ 265 Art. II. Moving Buildings 266 Art. III. Signs and Billboards 280 Art. IV. Electrical 288 Div. 1. Generally 288 Div. 2. Inspectors 290 Div. 3. Licenses 293 Div. 4. Permits 297 Art. V. Plumbing and Gas Fitting 299 Art. VI. Fences and Obstructions 300 5. Finance and Taxation 351 6. Fire Protection and Prevention 451 Art. I. In General 451 Art. II. Fire Department 454 Art. III. Fire Marshal 456 Art. IV. Transportation, Handling and Stor- age of Volatiles 462 7. Garbage, Trash, Weeds and Abandoned Property 525 Art. I. In General 525 Art. II. Grass and Weeds 531 Art. III. Littering 533 Art. IV. Abandoned, Derelict and Lost Per- sonal Property 534.1 Div. 1. Generally 534.1 Div. 2. Junked Motor Vehicles 540 8. Health and Sanitation 589 Art. I. In General 589 Art. II. Air Pollution Control 590 Art. III. Swimming Pools 600 Art. IV. Eating and Drinking Establishments 605 9. Reserved 655 10. Occupational Licenses and Regulations 755 Art. I. In General ___. 755 Supp.No. 4 x1V Chapter 21/2 ALCOHOLIC BEVERAGES Sec. 212-1. License fee levied; applicability; application; col- lection; scope. (a) There is hereby levied and assessed and shall be col- lected a license tax and fee from every person, firm, corpora- tion or association of persons pursuing or engaging in any business for which a permit or license is required under the Texas Liquor Control Act, Article 666, et al, as amended, of the Penal Code of the State of Texas, in an amount equal to one-half (1/2) of the state fee charged for such permit or license, as same now exists or shall from time to time be established pursuant to such act. Such license, tax and fee shall not, however, be applicable to the holder of an agent's, industrial, carrier's, local cartage, and shortage permits, nor to wine and beer retailer's permits issued to operators of dining, buffet, or club cars, and Class B winery permits, nor to mixed beverage permits, during the first, second and third years of their existence. (b) Before any license shall be issued by the City of Euless, the applicant shall furnish appropriate evidence to show that the applicant has been issued a license to engage in such business by the tax collector of Tarrant County on a form prescribed by the comptroller of the State of Texas. All initial licenses issued hereunder shall terminate upon the expiration of one year and one month from date of issuance. All subse- quent licenses shall be issued to terminate contemporaneously with the expiration of the state liquor license of such applicant. No subsequent license shall be issued for a period of more than one year. (c) The license fee levied by this section shall be collected by the city secretary of the City of Euless and shall be paid to that officer by each and every person, firm, corporation, or association of persons before engaging in such business; and said city secretary shall issue to the applicant the proper license, which shall state on its face for what it is issued, the date when it will expire, and by whom and where such busi- Supp.No. 4 183 § 21/2-1 EULESS CODE § 21/2-2 ness is to be conducted, and shall describe the place where same is to be kept and state what type of business is to be permitted under the license. (d) This section shall be and is hereby declared to be cumulative of all other ordinances of the City of Euless levy- ing and assessing license or occupation taxes, and shall not operate to repeal or affect any such ordinance or ordinances. (Ord. No. 454, §§ 1-4, 8-14-73) Editor's note—Ord. No. 454, §§ 1-4, adopted Aug. 14, 1973, did not specifically amend the Code. Codification herein as § 21/2-1 was, there- fore,at the discretion of the editor. Sec. 2%z-2. Proximity of establishments selling alcoholic bev- erages to churches, schools, etc., regulated; pen- alty. (a) For the purposes of this section, the following terms, phrases, words and their derivations shall have the meaning hereinafter prescribed to them: (1) Alcoholic beverage shall mean alcohol and any beverage ^' containing more than one-half of one (0.5) per cent of alcohol by volume which is capable of use for beverage purposes, either alone or when diluted. (2) Dealer shall mean and refer to any natural person or association of natural persons, trustee, receiver, part- nership, corporation or other organization holding a permit for the sale of alcoholic beverages or mixed beverages under the Texas Liquor Control Act and any manager, agent, servant or employee of any of them. (3) Mixed beverage shall mean one or more servings of a beverage composed in whole or in part of any alcoholic beverage in sealed or unsealed containers of any legal size for consumption on the premises where served or sold. (b) It shall be unlawful and an offense for any dealer within the corporate limits of the City of Euless, Texas, to sell from a place of business an alcoholic beverage or mixed beverage within three hundred (300) feet of any church, public school, or public hospital, the measurements to be along Supp. No. 4 184 § 21/2-2 ALCOHOLIC BEVERAGES § 21/2-2 �-- the property lines of the street fronts and from front door to front door, and in direct line across intersections where they occur. (c) Any person, association of persons, trustee, receiver, partnership, corporation or organization violating any of the provisions of this section shall be deemed guilty of a mis- demeanor, and upon conviction thereof shall be fined in an amount not to exceed two hundred dollars ($200.00). Each day that such violation is committed or permitted to continue, and each sale as prohibited hereby, shall constitute a separate offense and shall be punishable as such hereunder. (Ord. No. 449, §§ 1-3, 7-24-73) Editor's note—Ord. No. 449, §§ 1-3, adopted July 24, 1973, did not specifically amend the Code. Codification herein as § 21/2-2 was, there- fore,at the discretion of the editor. Supp.No.4 185 [The next page is 207] § 3-1 ANIMALS AND RABIES CONTROL § 3-5 (m) Powers of citizens and officers: Any officer or citizen of the City of Euless is hereby authorized to take up and deliver to the animal warden any animals mentioned in this chapter that may be found running at large in the corporate limits of the city. (Ord. No. 500, Art. I,3-23-76) Sec. 3-2. Animals generally; running at large. (a) It shall be unlawful and a nuisance for any person raising or keeping any animal or fowl to permit any such ani- mal or fowl to run at large within the city or go upon the premises of another; provided, however, that this subsection does not apply to dogs and cats, which animals shall be regu- lated by subsection (b). The city shall establish a prima facie case by proving the ownership of the animal and that it was running at large. (b) The owner or harborer of any dog or cat is responsible for preventing his or her dog or cat from running at large within the city, and the city shall establish a prima facie case by proving ownership or harborage of the dog or cat and that it was running at large, and the only defense to said prima facie case is that said dog or cat was stolen and was attempting to return to its owner's or harborer's premises. (Ord. No. 500, Art. I,3-23-76) Sec. 3-3. Abandonment of animals in city. It shall be unlawful to abandon or dump any animal in the City of Euless. (Ord. No. 500, Art. I, 3-23-76) Sec. 3-4. Slaughtering prohibited. It shall be unlawful to maintain any property for the pur- pose of slaughtering any animal or animals. (Ord. No. 500, Art. I,3-23-76) Sec. 3-5. Biting, scratching or attacking any person. It shall be unlawful for any person to own, harbor, main- tain or keep any animal that bites, scratches or attacks any Supp.No.4 209 § 3-5 EULESS CODE § 3-10 person unprovoked; provided, the person bitten was not tres- passing upon the property of the person owning, harboring, maintaining or keeping such animal. (Ord. No. 500, Art. I, 3-23-76; Ord. No. 513, § 1, 12-14-76) Sec. 3-6. Barking or howling. It shall be unlawful for anyone to harbor or keep on his premises or in or about his premises under his control, any animal which by loud or unusual barking or howling, or by noise of any type, causes the peace and quiet of the neighbor- hood or the occupants of the adjacent premises to be dis- turbed. (Ord. No. 500,Art. I, 3-23-76) Sec. 3-7. Sanitary condition of pens. It shall be unlawful for any person to maintain any pen, enclosure, yard or area for any animal in an unsanitary, of- fensive or disagreeable manner. (Ord. No. 500, Art. I, 3- 23-76) Sec. 3-8. Restriction on number of dogs, cats, or any other animals or combination of both, to be kept in resi- dential premises. It shall be unlawful to keep or harbor more than four (4) dogs, cats, or any other animals or combination of these be- yond the normal weaning age on any premises used or zoned for residential purposes, with the exception of those listed in section 3-11 of this chapter. (Ord. No. 500, Art. I, 3-23-76) Sec. 3-9. Standing of bull, stallion or jack. It shall be unlawful for the owner or harborer of any bull, stallion or jack to permit or cause to be permitted the stand- ing of any such bull, stallion or jack within the city limits, unless the standing is in an enclosed structure. (Ord. No. 500, Art. I, 3-23-76) Sec. 3-10. Hogs, sows, pigs in.city. It shall be unlawful to maintain and keep any hog, sow, or pig in the City of Euless. (Ord. No. 500, Art. I, 3-23-76) Supp.No. 4 210 § 4-59 BUILDINGS AND STRUCTURES § 4-62 within any park; provided, this section shall not be construed to prevent any public officer from so doing for any public purpose. (Ord. No. 252, Art. III, § 10, 5-25-65) Sec. 4-60. Signs on private property, permission. No person shall place, attach, paint, write, stamp or paste any sign, advertisement or other matter upon any house, wall, fence, gate, post or tree box without first having obtained the written permission of the owner, agent or occupant of the premises, and having complied with the provisions of this article. (Ord. No.252,Art. III, § 11,5-25-65) Sec. 4-61. Signs as obstructions. No display sign shall be so placed as to obstruct or interfere with a window, doorway or other means of egress, nor be supported by or hung on any fire escape. (Ord. No. 252, Art. III, § 12,5-25-65) Sec. 4-62. Proximity of billboards to structures and thorough- fares. The following requirements and regulations apply specifi- cally to billboards: (1) No permit for a billboard shall be granted if the loca- tion is within one hundred (100) feet of any structure used for residential use. (2) No permit for a billboard shall be granted on said bill- board if it is within two hundred fifty (250) feet of the location of any already existing billboard, or within two hundred fifty (250) feet of where a permit has previously been granted. The two hundred fifty (250) feet in this section means two hundred fifty (250) feet parallel with the street that the billboard is sought to be located on and on the same side of said street. The billboard must have a fifteen (15) foot setback from the property line and must have a ten (10) foot clear- ance from the ground. Supp.No.4 287 § 4-62 EULESS CODE § 4-70 (3) No license for any sign other than a flat sign, project- ing sign, temporary sign, pole sign or roof sign adver- tising or identifying the business venture or services performed at the site where such business venture exists, or where such services are performed shall be granted within a distance of three thousand (3,000) feet either side of the right-of-way, as same now or hereafter shall be established, of the below-listed streets or roadways as same now exist or hereafter shall be extended within the city limits of the City of Euless: (a) State Highway Spur 350; (b) State Highway 360; (c) Minters-Chapel Road. Any person, firm or corporation, found guilty of vio- lating any portion of this subsection (3) shall be deemed guilty of a misdemeanor and shall be fined not less than twenty-five dollars ($25.00) nor more than two hundred dollars ($200.00) for each offense, and every violation of each and every day's failure or refusal to comply with the said provisions will constitute a sepa- rate offense, and in case of willful or continued viola- tions by any person, firm or corporation, the city shall have power to revoke and repeal any license under which said person, firm or corporation may be acting, and revoke all permits, privileges and franchises grant- ed to said person, firm or corporation aforesaid. (4) No permit shall be issued for a billboard unless all the applicable regulations of the city zoning ordinances have been complied with. (Ord. No. 252, Art. IV, 5-25-65; Ord. No. 453, Arts. I, II, 8-14-73) Secs. 4-63-4-69. Reserved. ARTICLE IV., ELECTRICAL* DIVISION 1. GENERALLY Sec. 4-70. Purpose. This article is and shall be deemeed an exercise of the administrative and police powers of the city, enacted to pro- *Cross reference—Electric signs, §§ 4-57, 4-58. Supp. No. 4 ;2.88 § 4-70 BUILDINGS AND STRUCTURES § 4-71 tect public safety, comfort, welfare and property, and all the provisions hereof shall be construed for the accomplishment of that purpose. (Ord. No. 206, § I, 12-13-63) Sec. 4-71. Definitions. As used in this article, the following terms shall have the respective meanings ascribed to them: Apprentice electrician: Any person helping a journeyman or master electrician. Electrical contractor: Any person engaged in the business of installing or repairing, or contracting to install or repair any electrical wiring, conduits, fixtures, devices, equipment or other electrical materials for conducting, using or consuming electrical energy. Electrical wiring: The installation of electrical wires, fix- tures, appliances, apparatus or the addition to any wires, fix- tures, apparatus or appliances used or to be used on or in any building or in any premises for the purpose of transmitting electrical current for electric light, heat, power, house inter- Supp.No. 4 288.1 Chapter 7 GARBAGE, TRASH, WEEDS AND ABANDONED PROPERTY* Art. I. In General,§§7-1-7-24 Art. II. Grass and Weeds, §§ 7-25-7-39 Art. III. Littering,§§7-40-7-54 Art. IV. Abandoned, Derelict and Lost Personal Property, §§ 7-55- 7-83 Div. 1. Generally, §§ 7-55-7-72 Div. 2. Junked Motor Vehicles, §§ 7-73-7-83 ARTICLE I.IN GENERAL Sec. 7-1. Definitions. As used in this chapter, except as otherwise provided herein, the following terms shall have the respective mean- ings ascribed to them: Dry kitchen refuse: The solids after the liquid or slop has been drained off. Kitchen garbage: Dry kitchen refuse, all meat, vegetable and fruit refuse, small dead animals and fowl. Premises: Business houses, boardinghouses, offices, the- aters, hotels, restaurants, cafes, eating houses, tourist and trailer camps, apartments, sanitariums, clinics, rooming houses, schools, industrial plants, private residences, vacant lots and all other places within the city where garbage, trash or rubbish accumulates in ordinary quantities. Rubbish: Tin cans, bottles, glass, scraps of iron, tin, wire or any other metals. Trash: Paper of all kinds, rags, old clothing, paper con- tainers, old rubber, pieces of wood, boxes, barrels, crates, feathers, weeds, grass and any other such combustible mat- ter. (Ord. No.43, § I, 2-24-56; Ord. No. 145, § I, 5-23-61) Cross reference—Definitions for purposes of antilitter regulations, § 7-40. *State law references—For Solid Waste. Disposal Act, see V.T.C.S. art. 4477-7; accumulations declared nuisances, art. 4477-1, § 2(f); abatement by health officer, art. 4477-1, § 3(b); abatement by city, art. 4436. Supp.No.4 525 § 7-2 EULESS CODE § 7-4 Sec. 7-2. Receptacles—Specification; placing for collection. It shall be the duty of every person owning, managing, operating, leasing or renting any premises, or any place where kitchen garbage accumulates, to provide a portable gar- bage can constructed of galvanized iron, tin or other suitable material, with two (2) handles and a tight-fitting cover of a capacity not less than ten (10) gallons, nor more than thirty (30) gallons, and the daily accumulation of kitchen garbage and dry kitchen refuse shall be placed in said garbage can. It shall also be the duty of every person owning, managing, operating, leasing or renting any premises to place all trash and rubbish from said premises in boxes, sacks or barrels or other receptacles of reasonable size, provided the gross weight does not exceed one hundred (100) pounds. Garbage cans, boxes, sacks or barrels of trash and rubbish shall be placed inside the property line at the edge of the alley, where there is no fence; where there is a back fence with an alley gate, garbage cans, boxes, sacks or barrels of trash and rub- bish shall be placed against the inside of the fence at the side of the alley gate; if there is no alley gate, there shall be built a platform against the inside of the fence below the top of the fence so that garbage collecting vehicles can drive close to the fence and lift the garbage, trash and rubbish over the fence; and where there is no alley, kitchen garbage and ref- use, trash and rubbish shall be placed at a convenient place inside the curbline of the street, to be collected by duly au- thorized garbage vehicles. (Ord. No.43, § II, 2-24-56) Sec. 7-3. Same—Condition,cleanliness. Garbage cans shall be kept in a sanitary condition and closed tightly. The contents of all receptacles shall be so pro- tected that the wind cannot blow and scatter same over the streets, alleys and premises of the city and its inhabitants. (Ord. No. 43, § XIII, 2-24-56) Sec. 7-4. Same—Meddling witih; scattering contents. Meddling with garbage cans, trash and rubbish receptacles or in any way pilfering, scattering the contents or junkings in Supp. No. 4 526 i\ § 7-25 GARBAGE, TRASH, ETC. § 7-27 ARTICLE II. GRASS AND WEEDS* Sec. 7-25. "Person" defined. The term "person" as used herein shall be held to include any individual person, firm, association or corporation owning property within the corporate limits of the City of Euless, Texas. (Ord. No. 465, § 1, 2-12-74) Sec. 7-26. Nuisance declared. All weeds, brush, grass and other vegetation proscribed or prohibited by this article is deemed a fire hazard, a traffic hazard, and a menace to the health, safety and welfare of the citizens of Euless, Texas, and therefore a public nuisance. (Ord. No. 465, § 2, 2-12-74) Sec. 7-27. Maximum height; duty to keep property clear; pre- sumption of public nuisance. It shall be unlawful for any person owning, claiming, occupy- ing or having supervision or control of any real property within the corporate limits of Euless, Texas, except pasture land used for grazing of livestock, to allow or permit weeds, brush, grass or other vegetation, except agricultural crops under cultivation, trees, shrubs, flowers or other decorative or ornamental plants, to grow: (a) To a greater height than twenty-four (24) inches upon any real property within the City of Euless, Texas; or (b) To a greater height than twelve (12) inches upon any real property within fifty (50) feet of any property line, residence, barn, building or other structure within the City of Euless, Texas, and same shall be deemed to be objectionable, unsafe and a public nuisance. *Editor's note—Ord. No. 465, §§ 1-5, 7, adopted Feb. 12, 1974, did not specifically amend the Code. At the discretion of the editor, said ordinance has been codified as superseding former §§ 7-25-7-28, which pertained to the same subject matter. Said sections had been derived from Ord. No. 93, §§ 1-3, 3-11-58; Ord. No. 223, §§ 2-4, 5-12-64; and, Ord. No. 302, §XI, adopted May 23, 1967. Supp.No.4 531 § 7-27 EULESS CODE § 7-29 It shall be the duty of such person to keep such property free and clear of all such weeds, brush, grass and other unsafe vegetation referred to above. All such weeds, brush, grass and other unsafe vegetation which exceeds the above inches in height shall be presumed to be a public nuisance. (Ord. No. 465, § 3, 2-12-74) Sec. 7-28. Failure to comply; notification; abatement of nui- sance by city. In the event that any person owning, claiming, occupying or having supervision or control of any real property fails to comply with the provisions of this article, the city may notify such person of his failure to comply. Such notice shall be sent to the person at his post office address by certified mail, return receipt requested. If the person's address is unknown or if notification may not be obtained by letter, then notice may be given by publication in any two (2) issues within ten (10) consecutive days in any daily, weekly, or semi-weekly newspaper in the city. If such person fails or refuses to com- ply with the provisions of this article within ten (10) days after date of notification by letter or date of second publication of notice in the newspaper, the city may go upon such prop- erty and do or cause to be done the work necessary to obtain compliance with this article. (Ord. No. 465, § 4, 2-12-74) Sec. 7-29. Collection of abatement cost. The expense incurred pursuant to this article in correcting the condition of such property, and the cost of publication of notice in the newspaper shall be paid by the city and charged to the owner of such property. In the event the owner fails or refuses to pay such expense within thirty (30) days after the first day of the month following the month in which the work was done, the city shall file with the county clerk of Tarrant County a statement of the amount so expended. Such amount shall bear interest at the rate of ten (10) per cent from the date the city incurs the expense and shall become a lien against the real property. For any such expenditures and interest, suit may be instituted, and recovery and fore- closure had by the city. The statement of expense filed with Supp.No. 4 532 § 7-29 GARBAGE,TRASH, ETC. § 7-40 the county clerk or a certified copy thereof shall be prima facie proof of the amount expended in such work, improve- ment or correction of the property, all more particularly speci- fied in Article 4436, Vernon's Annotated Texas Civil Statutes, which is hereby adopted by reference. (Ord. No. 465, § 5, 2-12-74) Sec. 7-30. Penalty. Any person, firm or corporation violating any of the pro- visions of this article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount of not less than twenty-five dollars ($25.00) nor more than two hundred dollars ($200.00) for each offense. Each day that such violation shall continue shall be deemed a separate and distinct offense and shall be punishable as such. (Ord. No. 465, § 7, 2-12-74) Secs. 7-31-7-39. Reserved. ARTICLE III. LITTERING* Sec. 7-40. Definitions. As used in this article, the following terms shall have the respective meanings ascribed to them: Garbage: All decayable wastes, including vegetable, animal and fish offal and carcasses of such animals and fish, except sewage and body wastes, but excluding industrial byproducts, and shall include all such substances from all public and pri- vate establishments and from all residences. Junk: All worn out, worthless and discarded material, in general, including, but not limited to, odds and ends, old iron or other metal, glass, paper, cordage or other waste or dis- carded materials. Litter: Refuse, garbage, rubbish and junk, singly or any combination thereof. *Cross reference—Removing trash accumulations on order of fire marshal, § 6-48. Supp.No.4 533 EULESS CODE § 7-40 § 7-44 Refuse: Garbage, rubbish and all other decayable and non- decayable waste, including vegetable, animal and fish carcasses, except sewage from all public and private establishments and residences. Rubbish: All nondecayable wastes, except ashes, from all public and private establishments and from all residences. (Ord. No. 302, § II, 5-23-67) Sec. 7-41. Prohibited. No person shall deposit, discard or throw refuse, garbage, rubbish, junk or other litter in or upon any public street, road or other public place or upon private property within the city, except in public receptacles or in authorized private recepta- cles for collection or in an official city sanitary landfill. (Ord. No. 302, § II, 5-23-67) Cross reference—Placing in streets, §§ 7-11, 13-1. Sec. 7-42. Littering on another's property. No person shall throw or deposit litter on any occupied private property within the city, whether owned by such per- son or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property. (Ord. No. 302, § IX, 5-23-67) Sec. 7-43. Use of receptacles., Persons placing litter in public receptacles or in authorized private receptacles shall do so in such manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public or private place. (Ord. No. 302, § III, 5-23-67) Sec. 7-44. Sweeping; cleanliness of sidewalk area. No person shall sweep into or deposit in any gutter, street or other public or private place within the city the accumula- tion of litter from any building or lot or from any public or Supp.No. 4 534 § 7-44 GARBAGE, TRASH, ETC. § 7-55 �-- private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk and driveways abutting their premises clean and free of litter. (Ord. No. 302, §§ IV, V, 5-23-67) Sec. 7-45. Blowing,etc., from vehicle. No person shall drive or move any truck or other vehicle within the city unless such vehicle is so constructed or loaded as to prevent any load or contents of litter from being blown or deposited upon any street, alley or other public place or on private property. (Ord. No. 302, § VII, 5-23-67) Sec. 7-46. Abatement. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter within five (5) days after receipt of written notice as provided in section 7-27, such litter shall be abated as provided in such section. (Ord. No. 302, § X, 5-23-67) Secs. 7-47-7-54. Reserved. ARTICLE IV.ABANDONED, DERELICT AND LOST PERSONAL PROPERTY DIVISION 1. GENERALLY* Sec. 7-55. Definitions. For the purpose of this article, the term "vehicle" shall include the terms "automobile," "truck," "trailer" or any *Note—See editor's footnote to Division 2. Supp.No.4 534.1 § 7-65 GARBAGE, TRASH, ETC. § 7-67 to exceed a reasonable amount for each impounded article, he shall pay the balance of the proceeds of such sale, if any, to the owner of the property. If the owner fails to call for such proceeds, they shall be paid into the city treasury. Within six (6) months after such auction sale, the owner may apply in writing to the chief of police, and upon satisfactory proof of ownership, shall be entitled to receive the amount of the proceeds delivered to the city treasury. (Ord. No. 268, § VI, 11-9-65) Sec. 7-66. Junk. Impounded property which is offered for sale at public auc- tion in accordance with the procedure herein prescribed and upon which no person bids, shall thereafter be sold or other- wise disposed of as junk. Money received for junk property shall be disposed of in the same manner as proceeds from an auction sale under this article. Sec. 7-67. Records and fees. (a) The chief of police shall keep a record book which shall contain: A description of all property impounded, the date and time of such impounding, the date notices of sale were posted and advertised and mailed to owners and lienholders, the return receipts of registered notices, the date of the sale at auction, the amount realized for each article at such sale, the name and address of the owner and lienholders, if known, the name and address of the auction buyer, and any such other information as he may deem necessary. (b) The following fees shall be charged under this article and shall be paid into the city treasury: (1) For taking and impounding any personal property, three dollars ($3.00). (2) For preparing advertisements of sale of each article, fifty cents ($0.50). (3) For selling each article,fifty cents ($0.50). (4) For posting notices of sale relating to any one article, fifty cents ($0.50). Supp.No. 4 539 § 7-68 EULESS CODE § 7-75 �~ Secs. 7-68-7-72. Reserved. DIVISION 2. JUNKED MOTOR VEHICLES* Sec. 7-73. Definitions. For the purpose of this division, the term "junked vehicle" shall mean any motor vehicle, as defined in Section 1 of Article 827a, Vernon's Texas Penal Code, as amended, which is inop- erative and which does not have lawfully affixed thereto both an unexpired license plate or plates and a valid motor vehicle safety inspection certificate and which is wrecked, dismantled, partially dismantled or discarded. The term "junked vehicle" shall not include any vehicle or part thereof which is com- pletely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property or a vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or a junkyard. (Ord. No. 452, § 1, 8-14-73) Sec. 7-74. Declaring junked vehicles to be a nuisance. Junked vehicles found to be in violation of this division are declared to be a nuisance. (Ord. No. 452, § 2, 8-14-73) Sec. 7-75. Prohibiting junked vehicles. It shall hereafter be unlawful for any person, firm or cor- poration to place, leave, park or abandon a junked vehicle within the corporate limits of the City of Euless, Texas. (Ord. No. 452, § 3, 8-14-73) *Editor's note—Ord. No. 452, §§ 1-12, adopted Aug. 14, 1973, did not specifically amend the Code, hence codification herein as Div. 2, §§ 7-73-7-84 was at the discretion of the editor. Sec. 13 of Ord. No. 452 provided that the provisions of Ord. No. 268, to the extent of their conflict with Ord. No. 452, are repealed. It was not deemed within the purview of the editor to determine the extent or nature of such a conflict, therefore it is presumed that should a conflict arise between the provisions of Ord. No. 268 (I)iv. 1, .§§ 7-55-7-59, 7-62, 7-64, 7-65) and Ord. No. 452 (Div. 2), the provisions of the latter would prevail. ^\ Supp. No. 4 540 § 7-76 GARBAGE, TRASH, ETC. § 7-77 Sec. 7-76. Notice. Upon notification of the existence of a junked vehicle, the director of public safety of the City of Euless, Texas, or any officer of the police department of the City of Euless, Texas, shall forward by certified or registered mail with a five (5) day return requested, written notice to the owner of such junked vehicle or the occupant of the premises whereupon such junked vehicle exists, advising such owner or occupant of the existence of such junked vehicle and that such vehicle must be removed and such nuisance abated within ten (10) days, and advising that a request for hearing with respect to such nuisance, if the existence of same shall be contested by such owner or occupant, must be made to the director of public safety of the City of Euless on or before the expiration of such ten (10) day period. In the event such owner or occu- pant shall request a hearing as herein provided within the period herein provided for, the director of public safety shall set a time and place for such hearing within the corporate limits of the City of Euless, Texas, and shall so notify such owner or occupant of the date and time set for such hearing. Upon such hearing, the director of public safety of the City of Euless shall make determination as to whether or not such vehicle is a junked vehicle within the purview of this division. In the event the director of public safety shall determine upon such hearing that such vehicle is a junked vehicle within the purview of this division, the owner or occupant requesting such hearing shall be so advised. (Ord. No. 452, § 5, 8-14-73) Sec. 7-77. Removal of junked vehicles. In the event, following hearing and determination that a vehicle is a junked vehicle within the purview of this division as hereinbefore provided, and such junked vehicle shall not thereafter be removed from its location in compliance with this division within twenty-four (24) following notice of deter- mination of such vehicle as a junked vehicle by the director of public safety as herein provided, or in the event the notice to the owner or occupant herein provided for is returned undelivered by the United States Post Office and not less than ten (10) days has expired from the date of such return, Supp.No. 4 541 § 7-77 EULESS CODE § 7-81 or in the event such notice herein provided for is received by the owner or occupant to whom same is directed and such junked vehicle is not removed in accordance with this division within the ten (10) day period provided for in such notice, then, in any of such events„ the director of public safety of the City of Euless or any person authorized by him shall remove such junked vehicle from its location to a place of storage within the corporate limits of the City of Euless as determined by the director of public safety. (Ord. No. 452, § 6, 8-14-73) Sec. 7-78. Notice to Texas Highway Department. The director of public safety shall, within five (5) days following the removal of a junked vehicle, forward written notice thereof to the Texas Highway Department advising such department of the removal of such vehicle and its custody by the City of Euless, Texas. (Ord. No. 452, § 7, 8-14-73) Sec. 7-79. Notice information. •-� All notices required hereunder shall include a description of the vehicle and the correct identification number and license number of the vehicle, if available. (Ord. No. 452, § 8, 8-14-73) Sec. 7-80. Prohibition against reconstructing junked vehicle. No junked vehicle which has been removed to the custody of the City of Euless shall be reconstructed or again be made operable. (Ord. No. 452, § 9, 8-14-73) Sec. 7-81. Disposal of junked vehicles. The director of public safety, if such junked vehicle shall not be claimed by its owner within five (5) days following its removal into the custody of the City of Euless, shall have the authority to dispose of same by removing same to a scrap yard, demolisher, or other suitable site operated by the City of Euless for processing scrap or salvage, provided solely that such disposal shall be only as scrap or salvage. (Ord. No. 452, § 10, 8-14-73) Supp. No. 4 542 § 7-82 GARBAGE, TRASH, ETC. § 7-84 Sec. 7-82. Authority of enforcement. The director of public safety of the City of Euless, and any officer of the police department of the City of Euless, is authorized to enter upon private property for the purposes specified in this division to examine vehicles or parts thereof, obtain information as to the identity of such vehicles, and such persons or other persons designated by the director of public safety of the City of Euless shall have authority to remove or cause the removal of a vehicle or part thereof declared to be a nuisance pursuant to this division. The munic- ipal court of the City of Euless shall have authority to issue all orders necessary to enforce this division. (Ord. No. 452, § 11, 8-14-73) Sec. 7-83. Costs of removal. In the event the owner of a junked vehicle shall, subsequent to its removal and prior to its disposition as herein provided for, claim such vehicle and produce satisfactory proof of owner- ship thereto, such junked vehicle shall be returned to such owner upon reimbursement to the City of Euless for all costs incurred in removing, impounding and storing such junked vehicle together with all costs incurred for notices required hereunder. (Ord. No. 452, § 12, 8-14-73) Sec. 7-84. Penalty. Any person, firm or corporation violating any provision of this division shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount of not less than twenty-five dollars ($25.00) nor more than two hun- dred dollars ($200.00) for each offense. Each day that such violation shall continue shall be deemed a separate and distinct offense, and shall be punishable as such. (Ord. No. 452, § 4, 8-14-73) [The next page is 589] Supp. No. 4 543 Chapter 8 HEALTH AND SANITATION* Art. I. In General, §§8-1-8-19 Art. II. Air Pollution Control, §§8-20-8-39 Art. III. Swimming Pools, §§8-40-8-58 Art. IV. Eating and Drinking Establishments, §§ 8-59-8-74 ARTICLE I. IN GENERAL Sec. 8-1. Hospital authority—Created; territory embraced. There is hereby created under article 4437(e), Vernon's Texas Civil Statutes a hospital authority in the city. Said authority shall comprise all territory included within the cor- porate boundaries of the cities of Hurst, Euless and Bedford. (Ord.No.298, § 1,2-14-67) Sec. 8-2. Same—Corporate and politic entity. The hospital authority shall be a body politic and corporate. (Ord.No. 298, § 2, 2-14-67) Sec. 8-3. Same—Name. The name of the hospital authority shall be the Hurst- Euless-Bedford Hospital Authority. (Ord. No. 298, § 3, 2-14-67) Sec. 8-4. Same—Directors. The hospital authority shall be governed by a board of directors consisting of nine (9) members, the directors to be appointed by the governing bodies of said cities as follows: Three (3) directors to be designated by the Hurst city council, Three (3) directors to be designated by the Euless city council, *Cross reference—Health certificate for itinerant vendor of food articles, § 10-65. State law reference—Appointment of health officer required, V.T.C.S. arts. 1071, 4425. Supp. No. 4 589 § 8-4 EULESS CODE § 8-20 Three (3) directors to be designated by the Bedford city council. The directors initially appointed by the governing body of the respective cities shall serve until their successors are ap- pointed, subject to the provisions of section 4, article 4437(e), Vernon's Texas Civil Statutes, as amended. The directors appointed by each of said cities shall be appointed to two (2) year terms, the terms of the first directors appointed to ex- pire on May 1, 1969. In the event of the death or resignation, or removal of a director from the corporate limits of the city which appointed such director, the governing body of such city shall appoint a successor to serve for the balance of the unexpired term of the director so dying or resigning or mov- ing from such city. (Ord.No. 298, § 4, 2-14-67) Sec. 8-5. Same—Powers. The hospital authority shall have all the powers granted to hospital authorities under the provisions of article 4437(e), ^� Vernon's Texas Civil Statutes, as amended, together with such other powers as have been or may be granted by the legislature to hospital authorities. (Ord. No.298, § 6, 2-14-67) Secs. 8-6-8-19. Reserved. ARTICLE II. AIR POLLUTION CONTROL* Sec. 8-20. Definitions. As used in this article, the following terms shall have the respective meanings ascribed to them: Act: The Texas Clean Air Act, Vernon's Texas Civil Stat- utes,article 4477-5. Air contaminant: Any smoke, soot, fly ash, dust, cinders, dirt, noxious or obnoxious acids, fumes, oxides, gases, vapors, *Cross reference—Burning trash prohibited, § 7-12. Supp. No. 4 590 § 8-42 HEALTH AND SANITATION § 8-45 ing inspection department may permit other protective devices or structures to be used so long as the degree of protection afforded by the substitute devices or structures is not less than the protection afforded by the wall, fence, gate and latch described herein. The building inspection department shall allow a reasonable period within which to comply with the requirements of this section. (Ord. No. 251, Art. IV, § 3, 5-25-65) Sec. 8-43. Safety of bathers. All reasonable precautions shall be taken to protect the users of and bathers in swimming pools and family pools from injury or accident. Convenient means of ingress and egress shall be provided and the depth of water and any irregu- larities of the bottom shall be clearly indicated. Safety appli- ances such as life buoys, life hooks, bamboo poles, or ropes and equipment including first aid kits shall be provided and be readily accessible. A sufficient number of attendants shall be on duty when the swimming pool is in use who shall be capable swimmers, competent in lifesaving methods and arti- ficial resuscitation. (Ord. No. 251, Art. IV, § 4, 5-25-65) Sec. 8-44. Bathers with communicable diseases; unhealthful practices. No person having any skin eruptions or abrasions, sore or infected eyes, a cold, nasal or ear discharge, or any communi- cable disease shall be permitted to use a swimming pool or family pool. Spitting, spouting water, or blowing the nose in the swimming pool shall be strictly prohibited. The operator of a swimming pool shall post suitable placards embodying such personal regulations and instructions. (Ord. No. 251, Art. IV, § 5,5-25-65) Sec. 8-45. Sanitation of premises. The buildings, grounds, dressing rooms and all other swim- ming pool or family pool facilities shall be kept clean and in a sanitary condition and maintained free from garbage, trash and other refuse. (Ord. No. 251, Art. IV, § 6, 5-25-65) Supp.No. 4 603 § 8-46 EULESS CODE § 8-58 Sec. 8-46. Interference with enjoyment of property rights prohibited. No swimming pool or family pool shall be so located, de- signed, operated or maintained as to interfere unduly with the enjoyment of their property rights by owners of property adjoining the swimming pool or family pool or located in the neighborhood. (Ord. No. 251, Art. IV, § 7, 5-25-65) Sec. 8-47. Unnecessary noise. It shall be unlawful for any person to make, continue or cause to be made or continued at any swimming pool or family pool any loud, unnecessary or unusual noise or any noise which annoys, disturbs, injures or endangers the comfort, re- pose, health, peace or safety of others. In the operation of a swimming pool or a family pool, the use or permitting the use or operation of any radio, receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing of the person or persons who are in the swimming pool or family pool premises shall be unlawful. (Ord. No. 251, Art. IV, § 8, 5-25-65) Sec. 8-48. Compliance with requirements of state department of health. In the construction, operation and maintenance of any swim- ming pool or family pool, state laws and the rules, regulations and requirements of the state department of health shall be observed. In the event of any conflict between the provisions of this article and any provision of state law or requirement, rule or regulation of the state department of public health, the provision imposing the higher standard or the more stringent requirement shall be controlling. (Ord. No. 251, Art. IV, § 9, 5-25-65) State law reference—Pool requirements, V.T.C.S. art. 4477-1, § 15. Secs. 8-49-8-58. Reserved. Supp.No.4 SO4 § 8-59 HEALTH AND SANITATION § 8-60 ARTICLE IV. EATING AND DRINKING ESTABLISHMENTS* Sec. 8-59. United States Public Health Service Ordinance adopted. The inspection of eating and drinking establishments within the City of Euless, Texas, or its police jurisdiction; the issu- ing, suspension and revocation of permits for the operation of such establishments; the sale of adulterated, misbranded or unwholesome food and drink; the issuing, suspension and revocation of permits for the handling of food in such estab- lishments; the enforcement of this article; and, the fixing of penalties shall be regulated in accordance with the terms of the unabridged form of the 1962 edition of the U. S. Public Health Service Food Sanitation Ordinance and code (herein called "ordinance"), a copy of which is on file in the office of the city secretary, provided: (1) That the words "municipality of " in said ordinance shall be understood to mean the City of Euless; (2) That in said ordinance all parenthetical expressions referring to grading and subsection H.2.e., shall be understood to be deleted; (3) That subsections H.7. and H.8. of said ordinance shall be understood to be deleted; (4) That the term "city health officer" or other term in such model ordinance and this ordinance shall be under- stood to mean that person designated by the city man- ager of the City of Euless, Texas, or their assistant. (Ord. No. 455, Art. I, 9-11-73) Sec. 8-60. Compliance required; suspension of permit. No food service establishment, as defined in said ordinance, shall be operated within the city or its police jurisdiction *Editor's note—Ord. No. 455, §§ 1-16, adopted Sept. 11, 1973, did not specifically amend the Code. Codification herein as Art. IV, §§ 8-59- 8-74 was, therefore, at the discretion of the editor. Cross reference—Food peddlers required to have health certificate, § 10-65 Supp.No.4 605 § 8-60 EULESS CODE, § 8-62 unless such operation is done in conformance with the require- ments of said ordinance. It shall be unlawful for any person owning, managing, operating or otherwise acting in charge of any food service establishment in the city to operate or per- mit the same to be operated in violation of any provision of said ordinance. In the event any food service establishment for which a permit has been issued pursuant to said ordinance shall fail to comply with t:he terms and provisions of said ordinance, the city health officer shall be authorized to suspend such permit. (Ord. No. 455, Art. II, 9-11-73) Sec. 8-61. Health card required. No person shall be employed or work in a restaurant or itinerant restaurant who is not at such time the holder of a current, valid health card. (Ord. No. 455, Art. III, 9-11-73) Sec. 8-62. Annual physical examination required. Every person employed by, about to be employed by, or otherwise connected with a food service establishment whose work brings him in contact with the handling of food, drink, utensils, or food service equipment, shall have a health cer- tificate issued and renewed annually by the city health officer or a licensed physician designated by him upon presentation of evidence of having been examined for and found to be free of contagious disease. The examination shall consist of a tuber- cular test and/or a chest X-ray, and such other medical his- tory, physical examination, or laboratory test that may be designated by the city health officer, or are felt by the exam- ining physician to be indicated to determine the absence of communicable disease. The report concerning such examina- tion, together with the certification of the physician making same, shall be made on such form or forms as may from time to time be prescribed by the city health officer, his designated assistant, or the city health department. Forms shall be furnished by the city health department without charge. When a licensed physician has certified on the pre- scribed form that the person examined is not affected with any disease in a communicable form, is not a carrier of such disease, and is not suspected of being affected with, or being Supp. No. 4 606 '� § 8-62 HEALTH AND SANITATION § 8-66 a carrier of, any such disease, the health officer or his desig- nated assistant shall issue the person examined a health card which shall be valid for one year from the date of such examination, unless sooner revoked. (Ord. No. 455, Art. IV, 9-11-73) Sec. 8-63. Revocation of health card. The health officer or his designated assistant shall have the right to revoke a valid health card at any time the holder of such card becomes affected with any disease in a com- municable form, becomes a carrier of such a disease, or is suspected of being affected with or being a carrier of any such disease; and such revocation shall remain in effect until a licensed physician certifies freedom of communicable disease in the manner set forth in section 8-62. (Ord. No. 455, Art. V, 9-11-73) Sec. 8-64. Display of health cards and permits. Every restaurant and itinerant restaurant shall display at all times the health cards of its employees and its permit, as provided for herein, upon an inside wall of such restaurant visible to the patrons and general public of such restaurant. (Ord. No. 455, Art. VI, 9-11-73) Sec. 8-65. Permit required. No person shall operate a restaurant or itinerant restaurant in the city who does not possess an unrevoked permit there- for from the city, issued by the city health officer or his designated assistant. (Ord. No. 455, Art. VII, 9-11-73) Sec. 8-66. Authority to issue. The health officer or his designated assistant is hereby authorized to issue permits to any person making application therefor, authorizing the operation of a restaurant or itinerant restaurant in the city; provided, that only a person who com- plies with the requirements of this article shall be entitled to receive and retain such permit. (Ord. No. 455, Art. VIII, 9-11-73) Supp.No.4 607 § 8-67 EULESS CODE § 8-71 Sec. 8-67. Permit application. Application for such permit required in section 8-65 shall be made in writing to the city health officer or his designated assistant upon forms prescribed and furnished by the city health department. A new application shall be made for a permit as required by this division at any time there is a change in ownership of a restaurant or itinerant restaurant. (Ord. No. 455, Art. IX, 9-11-73) Sec. 8-68. Permit duration. Any permit granted under the provisions of this article shall remain in full force and effect for a period from date of issuance to May 1 of the next following year, unless sooner revoked for cause. (Ord. No. 455, Art. X, 9-11-73) Sec. 8-69. Permit renewal. A renewal permit shall be secured annually in the same manner as the original permit is secured. (Ord. No. 455, Art. XI, 9-11-73) Sec. 8-70. Permit nontransferable. Every permit issued under the provisions of this article shall be nontransferable, shall permit the operation of a restaurant or itinerant restaurant only at the location for which granted, and shall be posted in a conspicuous place in the restaurant or itinerant restaurant at all times. (Ord. No. 455, Art. XII, 9-11-73) Sec. 8-71. Fees. Every restaurant and itinerant restaurant shall pay an annual permit fee of five dollars ($5.00) per employee with a minimum of twenty-five dollars ($25.00) per year for an an- nual permit and a maximum of one hundred dollars ($100.00) per year for an annual permit. The number of employees shall be determined on the effective date of the permit. No fee shall be charged for the issuance of a health card required by this article. (Ord. No. 455, Art. XII, 9-11-73) Supp.No.4 608 �\ § 8-72 HEALTH AND SANITATION § 8-74 Sec. 8-72. Effective date. The provisions of this article shall become effective thirty (30) days next following the promulgation of forms necessary for the application for the health cards and permit herein provided for by the health officer of the City of Euless. (Ord. No. 455, Art. XIV, 9-11-73) Sec. 8-73. Authority of enforcement. The director of public safety of the City of Euless and any officer of the police department of the City of Euless, and the health officer of the City of Euless or any assistant health officer of the City of Euless is authorized to enter upon private property and to enter any establishment subject to the provi- sions of this article for the purpose of determining compliance with this article and for the purpose of determining the iden- tity of the owner, operator, manager or supervisor thereof and all persons employed therein. (Ord. No. 455, Art. IV, 9-11-73) Sec. 8-74. Penalty clause. Any person, firm or corporation violating any provision of this article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount of not less than twenty-five dollars ($25.00) nor more than two hundred dollars ($200.00) for each offense. Each day that such viola- tion shall continue shall be deemed a separate and distinct offense and shall be punishable as such. (Ord. No. 455, Art. XVI, 9-11-73) [The next page is 655] Supp.No.4 609 CODE COMPARATIVE TABLE Section Ord.No. Date Section this Code 394 2-23-71 I 2-8 II 2-9 I 403 7-27-71 1 4-1,4-2 406 8-10-71 1 6-1 2 6-68 3-5 6-2-6-4 412 10-26-71 Art.I,§§1,2 15-45 3 15-46 4 15-47 5 15-45 6 15-48 7 15-49 8 15-45 II, 1-3 15-50-15-52 III, 1 15-53 IV, 1-3 15:54-15-56 R-297 12-14-71 2-4-2-7 421 3-14-72 1 14-66 429 7-11-72 1(a) 14-1 1(b) 14-15 436 11-28-72 1-12 10-141-10-152 14 10-155 439 2-13-73 1 10-141(b), (e) 2 10-146 4 10-153 5 10-154 1 7 10-155 441 4-10-75 I—XIV 10-115-10-128 443 4-10-73 Arts.I—XI 2-51-2-61 445 4-24-73 Arts.I,II 5-1,5-2 Art.III 5-1 (note) Art.IV 5-3 449 7-24-73 1-3 21/2-2 452 8-14-73 1-3 7-73-7-75 4 7-84 5-12 7-76-7-83 453 8-14-73 Arts.I,II 4-62(3) 454 8-14-73 1-4 21/2-1 455 9-11-73 1-16 8-59-8-74 465 2-12-74 1-5 7-25-7-29 7 7-30 466 3-12-74 Adopting Ord. p.ix 469 5-14-74 1-4 16-21-16-24 Supp.No. 4 1469 EULESS CODE Section Ord.No. Date Section this Code 472 5-28-74 1 16-3 474 7-20-74 1-5 2-11 475 7-20-74 1 12-2(b) 481 2-25-75 2-53 485 4-22-75 1-4 5-4 489 6-24-75 1 4-2 2 App.B,§22 494 11-25-75 3-23 496 11-25-75 2-11 498 1-27-76 Arts.I—XI 2-51-2-68 500 3-23-76 Art.I Rpld 3-1-3-4, 3-20 3-26, 3-30-3-41 Added 3-1-3-35 501 3-23-76 1 4-72 2 4-75 502 3-27-76 1,2 5-1 503 3-23-76 App.B,§47 504 3-23-76 4-1 505 3-23-76 1-7 4-132-4-138 513 12-14-76 1 3-5 [The next page is 1481] Supp. No. 4 1470 �-� CODE INDEX A ABANDONED, DERELICT, LOST PERSONAL PROP- Section ERTY Abandoned vehicles specifically, prohibited ____________ 7-58 Bill of sale, execution ____________________________________________ 7-62 Chief of police to administer disposition of property 7-60 Definitions ____________— _ 7-55 Fees Disposal — __ _ 7-65 7-67 Holding periods, execution of bill of sale __— —____ 7-62 Impounding — - - -- 7-67 Proceeds, disposal _________________ _ 7-65 Impoundment Authorization ___________ _ 7-56 Inoperative vehicles _________________________--____-__-- 7-57 Junk —- --- -- -- — -- -- - 7-66 Junked motor vehicles Definitions 7-73 Disposal of junked vehicles 7-81 Enforcement, authority 7-82 ��. Notice information generally 7-79 Notice of removal to Texas highway department ____ 7-78 Notice to owner of existance and removal, etc. _.._ 7-76 Nuisances Declaring junked vehicles to be 7-74 Penalty for violations 7-84 Prohibiting 7-75 Reconstructing junked vehicles Prohibited 7-80 Removal Costs of 7-83 Disposal of vehicles _.__________ 7-81 Generally 7-77 Notice information 7-79 Notice of __.... 7-76 Notice of, to Texas highway department _ 7-78 Violations, penalty 7-84 Lien on impounded property ___________ ___—__ 7-59 Notice as to motor vehicles _______ ___—_______ 7-64 Notice as to property other than motor vehicles 7-63 Nuisances, declaration 7-56 Records - - -- -- — — - 7-67 Redemption of property 7-61 Supp.No. 4 1497 EULESS CODE ACCIDENTS Section Traffic. See that title Vehicles for hire (Wreckers and tow trucks). See that title AD VALOREM TAXATION. See: Taxation ADVERTISING Outdoor advertising. See: Signs and Billboards Vehicle displaying. See: Traffic ADVISORY BODIES Departments and other agencies of city. See that title AFFIRMATION. See: Oath, Affirmation, Swear or Sworn AGED PERSONS Homestead exemption for persons sixty-five or over. See: Taxation AGENCIES OF CITY. See: Departments and Other Agencies of City AIR GUNS Defined. See: Firearms and Weapons AIR POLLUTION CONTROL Control director Data, requiring, confidential nature 8-25 Duties 8-22 Jurisdiction —— -- ---- 8-24 Variances, granting, revoking — 8-23 Definitions __ _ 8-20 Divisions Establishment � 8-21 Enforcement, civil and criminal —____ 8-30 General prohibitions ___________________________________ 8-29 Jurisdiction ----------___----________________________-- 8-24 Methods and procedures for measuring 8-28 Mufflers on vehicles. See: Traffic Standards Air contaminants and activities not covered by state board - --— - - — 8-27 State board regulations —___ ____ 8-26 AIRPORT ZONING BOARD Created _ 2-8 Regulations, duty to administer _____________________________ 2-8 Representation of political subdivisions ____________ 2-9 Supp. No. 4 1.498 CODE INDEX ALCOHOLIC BEVERAGES Section Churches, schools,hospitals, etc. Proximity of establishments selling alcoholic bev- erages to 2%-2 License fee Levied; applicability; collection; etc. 212-1 Vagrancy provisions applicable to. See: Vagrancy ALLEYS Street defined re 1-3 Streets in general. See: Streets and Sidewalks Traffic regulations. See: Traffic ALMS, SOLICITING Vagrancy provisions applicable to.See: Vagrancy AMBULANCES Authorized emergency vehicles. See: Traffic Vehicles for hire (ambulances). See that title AMPLIFIERS Prohibited noises enumerated. See: Noises ANIMALS AND FOWL Abandonment ______________--------.. 3-3 Animal warden Duties 3-15 Biting, scratching animals 3-5 Condition of pens 3-7 Supp.No.4 1498.1 CODE INDEX DANGEROUS PREMISES,APPLIANCES,ETC. Section Fire marshal authority re. See: Fire Marshal DAYLIGHT SAVING TIME Official time standard. See: Time DEAD ANIMALS Disposal of heavy dead animals. See: Garbage and Trash DEFINITIONS General definitions for interpreting code — ___ 1-3 DEMOLITION Prohibited noises enumerated. See: Noises DEPARTMENTS AND OTHER AGENCIES OF CITY Air pollution control division. See: Air Pollution Control Airport zoning board. See that title Civil service commission. See: Civil Service System Fire department. See that title Fire marshal. See that title Hospital authority. See that title Library department,library board.See: Libraries Mutual law enforcement assistance. See: Police De- partment Personnel of city in general. See: Officers and Em- ployees Planning and zoning commission.See that title Police department. See that title DETECTIVES Private detectives and special officers. See that title DEVELOPERS Subdivisions. See that title DIRTY LITERATURE Obscene puhli-ations. See: Indecency and Obscenity DISCRIMINATION Civil service system. See that title DISEASE CONTROL Rabies. See: Animals and Fowl Swimming pools. See that title DOG RACING Bookmaking. See that title DOOR-TO-DOOR SALESMEN Peddlers, canvassers and solicitors. See that title Supp.No. 4 1507 EULESS CODE —. DRAINAGE Section Subdivision storm sewers. See: Subdivisions Water and sewers. See that title DRINKING Eating and drinking establishments. See that title DRIVER'S LICENSES Vehicles for hire (taxicabs,etc.). See that title DRUMS Prohibited noises enumerated. See: Noises DRUNKENNESS Vagrancy provisions applicable to. See:Vagrancy DUST Air pollution control. See that title E EASEMENTS Subdivision requirements.See: Subdivisions EATING AND DRINKING ESTABLISHMENTS Annual physical examination Required of employees 8-62 Compliance required 8-60 Effective date of provisions 8-72 Employees Annual physical examination required 8-62 Health cards. See within this title that subject Number of, determining 8-71 Enforcement, authority 8-73 Health cards Display 8-64 Fee not required 8-71 Required 8-61 Revocation 8-63 Penalty of violations 8-74 Permits Application for 8-67 Authority to issue 8-66 Display 8-64 Duration 8-68 Fees 8-71 Renewal 8-69 Required 8-65 Suspension of 8-60 Transferable 8-70 United States public health service ordinance Adopted 8-59 Supp.No. 4 1508 ��' CODE INDEX EATING AND DRINKING ESTABLISHMENTS—Cont'd. Section Violations, penalty 8-74 ELDERLY Homestead exemption for persons sixty-five or over. See: Taxation ELECTRICITY Apprentice's licenses. See within this title: Licenses Approval before concealment ____ 4-86 Code,construction standards___________________`— 4-72 Building codes,other. See: Buildings Completion of another's work — ---_— 4-114 Concealed work Approval; uncovering 4-86 Collection clearance. See within this title: Inspector Construction standards Code adopted, penalty — 4-72 Contractors Licenses. See within this title that subject Dead wires, removal —_________ 4-84 Defects, correction -- 4-83 Definitions — —___________ 4-71 Disconnection of current ______ — 4-88 Inspector,authority. See within this title: Inspector Electrical board. See within this title: Licenses Inspections Approval before concealment ___ 4-86 Correction of defects —_ 4-83,4-87 During construction as requested — 4-85 Disconnecting current 4-88 Final inspection, requesting ________— 4-114 Permits and fees. See within this title: Permits Plants, of — 4-83 Reinspections authorized ____—_—____ — —____ 4-87 Inspector Approval of old work ____—___—__________________ 4-82 Assistant inspector — 4-81 Clearance for connection —____ ,_______ 4-82 Disconnection of current 4-88 Duties,specific. See herein specific subjects General responsibility --_______--___ 4-80 Hindering 4-90 Office created —_______________—__ —_____ 4-80 Supp.No.4 1508.1 CODE INDEX FIRE PREVENTION—Cont'd. Section Storage, handling and transportation of volatiles Compliance with provisions —______—_________ 6-61 Definitions — — —_____—__--____—_________ 6-60 Flammables, classification —____— 6-62 Plumbing requirements ____________________________—_____________ 6-65 Service stations Pumps and distribution 6-64 Tanks, underground tanks, etc. 6-63 Transportation, handling and storage of volatiles. See within this title that subject Transportation,storage,handling of volatiles Fire control _____—___—___ __--__-----__-_- 6-67 Mobile service units 6-68 Service stations Attendants or supervision of dispensing 6-66 Fire control ____—_____----_-___— ---- 6-67 Mobile service units prohibited __________— 6-68 Plumbing requirements 6-65 Pumps and distribution _____ _____ 6-64 Tanks, piping, underground pipes, etc. 6-63 Storing and warehousing 6-70 Transport vehicles _ 6-69 Trash accumulation as nuisance — 6-9 Volatiles Transportation, handling, storage. See within this title: Transportation, Handling, Storage of Vol- atiles FIREARMS AND WEAPONS Definitions —_____—_--_—_—___—____________ 11-13 Discharging —____ 11-14 FIRES Arrest of suspicious persons at. See: Fire Department Fire department.See that title Fire marshal. See that title Fire prevention. See that title FIREWORKS Definitions —_—_—_____________ 6-6 Discharge, use, exploding, possession _________ 6-8 Manufacture, storage, sale, distribution — 6-7 FIRMS Persons defined re —_— —_--____— 1-3 FLOOD LANDS Subdividing. See: Subdivisions Supp.No.4 1513 EULESS CODE FLUES Air pollution control. See that title FOLLOWING. See: Preceding,Following FOOD AND FOOD SERVICES Eating and drinking establishments. See that title FOOD PEDDLERS Health certificates. See: Peddlers, Canvassers and So- licitors FOOD VENDING MACHINES Coin-operated machines and devices. See that title FORFEITURES. See: Fines,Forfeitures and Penalties FORTUNETELLERS Vagrancy provisions applicable to. See: Vagrancy FOWL. See: Animals and Fowl FRANCHISES Ordinances saved from repeal„ other provisions not included herein. See the preliminary pages and the adopting ordinance of this code. FREEWAYS Traffic regulations.See: Traffic FRUITS AND VEGETABLES Food peddlers. See: Peddlers,Canvassers and Solicitors FUMES, EMISSION Air pollution control. See that title Mufflers on vehicles. See: Traffic FUNERAL HOMES Vehicles for hire (ambulances). See that title FUNERAL PROCESSIONS Traffic regulations. See: Traffic FUNGICIDES Pest control operators using poison. See: Pest Control Operators G GAMBLING Bookmaking. See that title Poolroom restrictions. See: Poolrooms and Billiard Parlors Vagrancy provisions applicable to. See: Vagrancy GAMES Bookmaking. See that title Supp.No. 4 1514 CODE INDEX HANDICAPPED PERSONS Section Blind pedestrians. See: Traffic HAWKERS,HAWKING,ETC. Peddlers,canvassers and solicitors. See that title Prohibited noises enumerated. See:Noises HEALTH AND SANITATION Abandoned, derelict, lost personal property. See that title Air pollution control. See that title Animal provisions. See: Animals and Fowl Disease control. See that title Dogs and rabies control. See: Animals and Fowl Eating and drinking establishments. See that title Food and food services Eating and drinking establishments. See that title Food peddlers health certificates. See: Peddlers, Can- vassers and Solicitors Garbage and trash. See that title Grass abatement.See: Weeds and Brush Health certificate for food peddlers. See: Peddlers, Canvassers and Solicitors Hospital authority. See that title Itinerant vendors, cleanliness and wholesomeness of vehicles, etc. See: Peddlers, Canvassers and Solici- tors Littering. See: Garbage and Trash Massage parlors and massage establishments. See that title Rabies control. See: Animals and Fowl Swimming pools. See that title Water and sewers. See that title Weed abatement. See: Weeds and Brush HEAVY DEAD ANIMALS Disposal. See: Garbage and Trash HIGHWAYS Street defined re __ 1-3 Streets in general.See: Streets and Sidewalks HOGS Livestock at large. See: Animals and Fowl HOMESTEAD EXEMPTION Persons sixty-five years of age or older. See: Taxation Supp. No. 4 1517 EULESS CODE HOOTING,SHOUTING AND YELLING Section Prohibited noises enumerated. See:Noises HORNS Prohibited noises enumerated. See: Noises HORSE RACING Bookmaking. See that title HORSES Running at large,staking out. See: Animals and Fowl HOSPITAL AUTHORITY Corporate and body politic _____ 8-2 Created —__________ 8-1 Directors 8-4 Name of — -- — — -- — 8-3 Poolroom proximity. See: Pool:rooms and Billiard Par- lors Powers ---- -----_--_-- 8-5 Territory embraced — _ 8-1 HOSPITALS Alcoholic beverage establishments Proximity of to hospitals, schools, etc. See: Alco- holic Beverages Prohibited noises enumerated. See: Noises HOUSE MOVING Moving building requirements. See:Buildings HOUSE-TO-HOUSE SALESMEN Peddlers,canvassers and solicitors. See that title HOUSING Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code HURST-EULESS-BEDFORD HOSPITAL AUTHORITY. See: Hospital Authority HYDROPHOBIA Rabies control.See: Animals and Fowl I IDLE PERSONS Vagrancy provisions applicable to. See:Vagrancy IMPOUNDMENT Vehicles. See:Traffic Supp. No. 4 1518 CODE INDEX INDEBTEDNESS OF CITY Section Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code INDECENCY AND OBSCENITY Obscene publications Certain crime publications prohibited 11-32 Definitions —_________________— — 11-30 Presumption from displaying 11-34 Prohibited _______—_—_—____—__—__— 11-31 Scope of provisions ________—_—___—_—_ 11-33 Violations, penalties __--__— 11-35 Swimming pools, indecent exposure at 11-4 Vagrancy provisions applicable to. See: Vagrancy INDUSTRIAL WASTES. See: Water and Sewers INFECTIOUS DISEASES. See: Disease Control INFLAMMABLES Fire prevention regulations. See: Fire Prevention INOCULATION Dogs,rabies control. See: Animals and Fowl INOPERATIVE VEHICLES Disposal. See: Abandoned, Derelict, Lost Personal Property INSECT CONTROL Pest control operators. See that title INSTITUTION OF LEARNING Prohibited noises enumerated. See: Noises INTERSECTIONS Traffic regulations.See: Traffic INTERSTATE COMMERCE Peddlers provisions. See: Peddlers, Canvassers and So- licitors ITINERANT SALESMEN Peddlers,canvassers and solicitors. See that title J JOINT OWNER Owner defined re ------------------ 1-3 JUDGES Municipal court judges. See: Municipal Court Supp.No.4 1519 EULESS CODE JUKEBOXES Section Coin-operated machines and devices. See that title JUNK Abandoned, derelict, lost personal property. See that title JUNKED MOTOR VEHICLES Abandoned, derelict, lost personal property. See that title JURISDICTION Air pollution provisions. See: Air Pollution Control JUVENILES.See: Minors L . LAND Owner defined re 1-3 LAND SUBJECT TO FLOODING Subdividing. See: Subdivisions LANED ROADWAYS Traffic regulations.See: Traffic LAW ENFORCEMENT. See: Police Department LAWNS Park lawn,destruction.See: Parks and Recreation LAWS OF CITY Code of ordinances.See that title LIBRARIES Board Created, membership ______________ 12-31 Functions ______________________ 12-32 Organization _____________________� W _ 12-32 Department,director—_______ 12-30 LICENSES AND PERMITS Alcoholic beverages. See that title Annual levy on state taxed occupations Future occupations _________—._ _� 10-2 Present occupations ___—___.�_ _ 10-1 Building permits. See: Buildings Camping in parks. See: Parks and Recreation Canvassers. See: Peddlers, Canvassers and Solicitors Coin-operated machines and devices.See that title Consecutive Saturday and Sunday sales Supp. No. 4 1520 CODE INDEX LICENSES AND PERMITS—Cont'd. Section Emergencies ______ __—__ ------ 10-6 Exemptions ___________ ___—___ 10-5 Prohibited merchandise _______— _ 10-3 Prohibited services —____-- --__ 10-4 Contractors Electrical contractors'licenses. See: Electricity Dogs. See: Animals and Fowl Door-to-door salesmen. See: Peddlers, Canvassers and Solicitors Eating and drinking establishments. See that title Electrical work,permits for.See: Electricity Electricians,electrical contractors,etc. See: Electricity Food peddlers health certificates. See: Peddlers, Can- vassers and Solicitors Garage sales. See: Occasional or Garage Sales Hawkers, hawking, etc. See: Peddlers, Canvassers and • Solicitors Health certificate for food peddlers. See: Peddlers, Canvassers and Solicitors Supp.No. 4 1520.1 CODE INDEX WATER AND SEWERS—Cont'd. Section Emergency prohibitions 16-11 Extending utility facilities without authority. See: Streets and Sidewalks Industrial wastes Certain wastes prohibited in public sewers 16-22 Definitions — 16-21 Determining the character and concentration of wastes 16-23(f) Disconnection from sanitary sewer of persons fail- ing to obtain permit 16-23 Inspections 16-23(d) Measurements of flow 16-23(e) Permits for discharging 16-23(a) Disconnection for failing to obtain 16-23(c) Pretreatment and surcharge 16-24 Special procedures re industrial wastes 16-23 Structures required of persons discharging 16-23(b) Surcharge for abnormal sewage 16-24(b) Lawns, watering ____ 16-9-16-11 Meter deposit __—__— 16-6 Service rates. See within this title that subject Plumbing and gas fitting. See that title Rates. See:hereinbelow: Service Rates Rules, regulations, policies, procedures _ 16-1 Service rates Connection charges __—_— 16-2 Discontinuing service for delinquency 16-7 Due date, delinquency penalty 16-5 Meter deposits —________—_ — 16-6 Multi-residence units charged per unit 16-4 No free service 16-8 • Reconnection fee _______________________— 16-7 Schedule ________ 16-3 Subdivision improvements. See: Subdivisions Swimming pools. See that title Utility provisions,other.See: Utilities Vehicles, washing 16-9-16-11 Watering lawns, washing vehicles —___ -- 16-9-16-11 WATERCOURSES Subdivision drainage. See: Subdivisions WEAPONS. See: Firearms and Weapons WEEDS AND BRUSH Abatement of nuisances. See within this title: Nui- sances Duty to keep property clear 7-27 Supp.No. 4 1557 EULESS CODE WEEDS AND BRUSH—Cont'd. Section Failure to comply Abatement of nuisances. See within this title: Nui- sances Maximum height __ 7-27 Nuisances Abatement of nuisances Collection of abatement cost 7-29 Failure to comply; notification 7-28 Declared 7-26 Presumption of public nuisance 7-27 Person, defined 7-25 Public nuisances. See within this title: Nuisances Violations, penalty 7-30 Fire prevention code,etc.See: Fiire Prevention Littering,other regulations re. See:Garbage and Trash WEIGHTS AND MEASURES Itinerant vendors,misrepresentations of. See: Peddlers, Canvassers and Solicitors WELFARE Vagrancy provisions applicable to. See: Vagrancy WHISTLES Prohibited noises enumerated. See: Noises WORDS AND PHRASES General definitions and rules of construction 1-3 WRECKERS. See: Vehicles for Hire (Wreckers and tow trucks) WRITS,WARRANTS AND OTHER PROCESSES Air pollution control enforcement provisions. See: Air Pollution Control Electrical inspector, hindering, power of arrest, etc. See: Electricity Fire marshal authority. See: Fire Marshal WRITTEN OR IN WRITING Definitions 1-3 Y YEAR Defined 1-3 YELLING, SHOUTING AND HOOTING Prohibited noises enumerated. See:Noises Supp. No.4 1558 CODE INDEX Z ZIP GUN Section Defined. See: Firearms and Weapons ZONING Air pollution control. See that title Airport zoning board. See that title Building code. See: Buildings Church,school,hospitals Poolroom proximity. See: Poolrooms and Billiard Parlors Fire prevention provisions re location of establishment, etc. See: Fire Prevention Garage sales. See: Occasional and Garage Sales Generally — Appendix A (notes) Occasional and garage sales. See that title Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code Planning and zoning commission. See that title Poolrooms and billiard parlors. See that title Signs and billboards. See that title Storage of inflammables, etc. See: Fire Prevention Swimming pools and swimming pool enclosures. See: Swimming Pools Supp. No. 4 1559