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HomeMy WebLinkAboutSupplement No. 10 - 1974 Code of Ordinances SUPPLEMENT NO. 10 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. 731,enacted January 25, 1983. See Code Comparative Table, page 1473. Remove old pages Insert new pages xv, xvi xv, xvi 265, 266 265, 266 300.1, 300.2 300.1, 300.2 354.1, 355, 356 355, 356, 356.1 589, 590 589, 590 609 609 through 617 1167 through 1170 1167 through 1170 1473 1473 Index pages Index pages 1512.1, 1513, 1514 1513, 1514, 1514.1 1517, 1518 1517, 1518 Insert this instruction sheet in front of volume. File removed pages for reference. MUNICIPAL CODE CORPORATION Tallahassee, Florida July, 1983 TABLE OF CONTENTS—Cont'd. Chapter Page Art. IV. Abandoned, Derelict and Lost Personal Property 534.1 Div. 1. Generally 534.1 Div. 2. Reserved 540 Art. V. Junked 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 Art. V. Food and Food Service Establishments 610 9. Reserved. 655 10. Occupational Licenses and Regulations 755 Art. I. In General 755 Art. II. Billiards or Pool 758 Div. 1. Generally 758 Div. 2. License 759 Art. III. Occasional or "Garage" Sales _ 764 Art. IV. Itinerant Vendors 766 Art. V. Pawnbrokers and Precious Metals Dealers 771 Art. VI. Pest Control Operators 776 Art. VII. Private Detectives and Private Patrol Security Services 782 Art. VIII. Massage Parlors and Massage Estab- lishments 788 11. Offenses and Miscellaneous Provisions 837 Art. I. In General 837 Art. II. Obscene Publications 846 12. Parks, Recerational and Cultural Facilities . 899 Art. I. In General 899 Art. II. Library 902 13. Streets and Sidewalks 953 Art. I. In General 953 Art. II. Barricades 954 Supp.No.10 Xv EULESS CODE Chapter Page 14. Traffic 1003 Art. I. In General 1003 Art. II. Accidents 1012 Art. III. Official Traffic-Control Signs, Signals, Markings and Devices 1016 Art. IV. Operation of Vehicle — 1020 Art. V. Parking 1034 Art. VI. Pedestrians 1037 15. Vehicles for Hire 1089 Art. I. In General 1089 Art. II. Taxicabs and Other Public Vehicles 1092 Art. III. Wreckers and Tow Trucks 1100 16. Water and Sewers 1159 Art. I. In General 1159 Art. II. Industrial Wastes 1172 Appendix A. Zoning (Reserved) — 1215 B. Subdivisions 1315 Art. I. In General 1315 Art. II. Improvements 1332.5 Art. III. Storm Water Design Standards 1354.1 Code Comparative Table ____—_ 1461 Charter Index ___— ____ ___________— 1481 Code Index _____ 1497 Supp.No.10 �1 xVi Chapter 4 BUILDINGS AND STRUCTURES* Art. I. In General, §§ 4-1-4-19 Art. II. Moving Buildings, §§ 4-20-4-39 Art. III. Signs and Billboards, §§ 4-40-4-69 Art. IV. Electrical Regulations,§§ 4-70-4-119 Div. 1. Generally, §§ 4-70-4-80 Div. 2. Inspectors, §§ 4-81-4-96 Div. 3. Licenses, §§ 4-97-4-110 Div. 4. Permits, §§ 4-111-4-119 Art. V. Plumbing and Gas Fittings, §§ 4-120-4-131 Art. VI. Fences and Obstructions, §§ 4-132-4-138 ARTICLE I. IN GENERAL Sec. 4-1. Codes, amendments thereto, adopted by reference. The 1982 edition of the Uniform Building Code, Dwelling Con- struction under the Uniform Building Code, Uniform Code for the Abatement of Dangerous Buildings, Uniform Housing code, Uniform Mechanical Code, as adopted by the International Con- ference of Building Officials, with revisions, are hereby adopted. The building code of the City of Euless, Texas, is hereby revised and amended to conform to the 1982 edition of the Uniform Building Code, Dwelling Construction under the Uniform Build- ing code, Uniform Code for the Abatement of Dangerous Build- ings, Uniform Housing Code, Uniform Mechanical Code, and the same as amended is hereby adopted as the building code of the City of Euless, Texas, from the effective date hereof. One copy of said Uniform Building Code,Uniform Code for the Abatement of Dangerous Buildings, Uniform Housing Code and Uniform Me- chanical code, marked "Exhibit A," and one copy of the amend- *Cross references—Building inspector as ex officio fire marshal, § 6-41; air pollution control division in department of inspections, § 8-21; swimming pool permits, § 8-41;erecting structures in parks, § 12-6. State law references—Authority to establish fire limits, V.T.C.S. art. 1175(25); authority to establish building lines,art. 1105a. Supp.No.10 265 § 4-1 EULESS CODE § 4-20 ments,marked"Exhibit B,"are incorporated herein by reference and have been filed in the office of the city secretary for perma- nent record and inspection. (Ord. No. 504, 3-23-76; Ord. No. 614, § 1, 3-25-80; Ord. No. 715, § 1, 9-28-82) Editor's note—Ord. No. 504, adopted March 23, 1976, did not spe- cifically amend the Code. At the discretion of the editor, said ordi- nance has been codified as superseding former §§ 4-1, 4-2, which per- tained to the adoption of a building code and amendment thereto. Said former section had been derived from Ord. No. 403, § 1, adopted July 27,1971,and Ord.No.489,§ 1,adopted June 24, 1975.Building permit fees have not been set out herein, but a schedule of said fees may be found on file in the office of the city secretary. Charter reference—Condemnation of dangerous structures, Art. XII, § 9. Sec. 4-2. Reserved. Note—See editor's note following § 4-1. Secs. 4-3-4-19. Reserved. ARTICLE II. MOVING BUILDINGS Sec. 4-20. Permit—Required; fees. (a) No person shall move any building or other structure within or through the limits of the city upon the streets, alleys, avenues or public grounds, without first having secured a permit from the city secretary authorizing the same; provided, no such permit shall issue for the moving of a struc- ture or building into the city for reconstruction therein unless the owner thereof or his agent first secures a building permit for such construction. (b) The applicant., hereinafter called mover, shall pay for said permit the sum of ten dollars ($10.00) for the first day and five dollars ($5.00) for each additional day or fraction thereof that the structure or building is in or on the streets, alleys, avenues or public grounds. (Ord. No. 59, § I, 1-12-57) Supp.No.10 266 §4-120 BUILDINGS AND STRUCTURES §4-132 ARTICLE V. PLUMBING AND GAS FITTING* Sec. 4-120. Code adopted by reference;penalty. (a) The 1982 edition of the Uniform Plumbing Code, as adopted by the International Association of Plumbing and Mechanical Officials with amendments is hereby adopted. One copy of said Uniform Plumbing Code and amendments has been filed in the office of the city secretary for permanent record and inspection. (b) Any person, firm or corporation violating any of the terms and provisions of this code shall be deemed guilty of a misdemea- nor and, upon conviction thereof, shall be fined in an amount not to exceed two hundred dollars ($200.00). Each such violation shall be deemed a separate offense and shall be punishable as such hereunder. (Ord. No. 502, § 1, 3-23-76; Ord. No. 616, § 1, 3-25-80; Ord. No. 716, §§ 1, 5, 9-28-82) Editor's note—Ord.No. 502, § 1,adopted March 23, 1976,did not specifically amend the Code.At the discretion of the editor,said ordinance has been codified as superseding former § 4-120 which had pertained to the adoption of the Texas Municipal League Plumbing Code. Said section together with § 4-121,had been contained in the original codification.Former§4-121,which set out amendments to the former code,has been deleted due to the city's request that technical code amendments be adopted by reference. Permit fees have not been set out herein, but a schedule of said fees may be found on file in the office of the city secretary. Cross reference—General penalty, § 1-6. Sec. 4-121. Reserved. Note—See editor's note following § 4-120. Secs. 4-122-4-131. Reserved. ARTICLE VI. FENCES AND OBSTRUCTIONSt Sec. 4-132. Obstructions prohibited. On any lot on the street side, or sides if it is a corner lot, no wall, fence or other structure shall be erected, and no *State law reference—Plumbing license law, V.T.C. S. art. 6243-101. tEditor's note—Ord. No. 505, §§ 1-7, adopted March 23, 1976, did not specifically amend the Code. Codification herein as Art. VI, §§ 4-132 —4-138 was therefore, at the discretion of the editor. Supp.No.10 300.1 §4-132 EULESS CODE §4-133 hedge, tree, shrubs or other growth or structure of any kind shall be maintained in such location as to obstruct the view. (Ord. No. 505, § 1, 3-23-76) Sec. 4-133. Obstruction defined. Any fence, wall, hedge, shrubbery, etc., higher than thirty (30) inches above ground level at property line to a point fifty-two (52) inches above ground level at the building line on a lot is hereby declared to be an obstruction to view, except single trees having single trunks, which are pruned to a height of seven (7) feet above ground level. No solid Supp.No.10 300.2 §5-21 FINANCE AND TAXATION §5-21 tions, including, without limitation thereto, hotels, motels, tourist homes, houses or courts, lodging houses, inns, rooming houses, or other buildings where rooms are furnished for a consideration, but shall not include hospitals, sanitariums, or nursing homes. (b) Consideration: The cost of the room in a hotel only if the room is ordinarily used for sleeping, and not in- cluding the cost of any food served or personal serv- ices rendered to the occupant of such room not related to the cleaning and readying of such room for oc- cupancy. (c) Occupancy: The use or possession, or the right to use or possession, of any room or rooms in a hotel if the room is one ordinarily used for sleeping, and if such use,possession or right of use or possession, at the time same is provided under lease, concession, permit, right of access, license, contract or agreement is for a period of less than thirty(30) consecutive days. (d) Occupant: Anyone, who, for a consideration is entitled to occupancy of any room or rooms in a hotel under any lease, concessions, permit, right of access, license, contract or agreement. (e) Person: Any individual, company, corporation or association owning, operating, managing or control- ling any hotel. (f) Assessor-collector: The city manager of the City of Euless. (g) Quarterly period: The regular calendar quarters of the year, the first quarter being composed of the months of January, February and March, the second quarter being the months of April, May and June, the third quarter being the months of July, August and September, and the forth quarter being the months of October, November and December. (Ord. No. 594, § 1, 9-25-79; Ord. No. 731, § 1, 1-25-83) Supp.No.10 355 §5-22 EULESS CODE §5-25 Sec. 5-22. Levy of tax;rate;exemptions. There is hereby levied upon the cost of occupancy of any room or space furnished by any hotel within the City of Euless where such cost of occupancy is the rate of two dollars ($2.00) or more per day, a tax equal to the maximum tax then allowed by law to be assessed and levied by the City of Euless upon the consider- ation paid for the occupancy of such room to such hotel;provided, that no tax shall be imposed hereunder upon a corporation or association authorized exclusively for religious, charitable or ed- ucational purposes, no part of the net earnings of which inures to the benefit of any private shareholder or individual. (Ord. No. 594, § 2, 9-25-79; Ord. No. 731, § 2, 1-25-83) Sec. 5-23. Collection. Every person owning, operating, managing or controlling any hotel, shall collect the tax imposed hereby for the City of Euless. (Ord. No. 594, § 3, 9-25-79) Sec. 5-24. Reports. On the last day of the month following each quarterly period, every person required hereby to collect the tax imposed herein shall file a report with the occupancy tax assessor-collector showing the consideration paid for all room occupancies in the preceding quarter, the amount of tax collected on such occupancies, and any other informa- tion which the occupancy tax assessor-collector may reasonably require. Such person shall pay the tax due on such occupancies at the time of filing such report. (Ord. No. 594, § 4, 9-25-79) Sec. 5-25. Enforcement. The occupancy tax assessor-collector shall have the power to make such rules and regulations as are necessary to effectively collect the tax levied herein, and shall upon reasonable notice have access to books and records necessary to enable him to determine the correctness of any Supp.No.10 356 §5-25 FINANCE AND TAXATION §5-26 L-- report filed as required by this article and the amount of taxes due under the provisions of this article. (Ord. No. 594, § 5, 9-25-79) Sec. 5-26. Violation; penalty. (a) If any person required by the provisions of this article to collect the tax imposed herein, make reports as required herein, and pay to the occupancy tax assessor-collector the tax as imposed herein, shall fail to collect such tax, file such report, or pay such tax, or if such person shall file a false report, such person shall be deemed guilty of a Class C misdemeanor. (b) If any person shall fail to file a report as required herein or shall fail to pay to the occupancy tax assessor-col- lector the tax as imposed herein when said report or payment is due, there shall be forfeited as a penalty an additional amount of five (5) per cent of the amount due for each month or part of a month after such delinquent payment was due which penalty shall not exceed fifty (50) Supp.No.10 356.1 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,§§8-59-8-84 Art. V. Food and Food Service Establishments,§*8-85-8-91 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, *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.10 589 § 8-4 EULESS CODE § 8-20 Three (3) directors to be designated by the Euless city council, 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.10 590 § 8-72 HEALTH AND SANITATION §8-84 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) Secs. 8-75-8-84. Reserved. Supp.No.10 609 8-85 EULESS CODE§ U SS §886 ARTICLE V. FOOD AND FOOD SERVICE ESTABLISHMENTS* Sec. 8-85. State rules adopted by reference. (a) The definition; the inspection of food service establishments, the issuance, suspension and revocation of permits to operate food service establishments; the prohibiting of the sale of un- sound or mislabeled food or drink; and the enforcement of this article shall be regulated in accordance with the Texas Depart- ment of Health, Division of Food and Drugs Rules on Food Ser- vice Sanitation 301.73.11.001-.011. three(3)copies of which shall be on file in the office of the city secretary. Provided, that the words "municipality of " in said ordinance shall be understood to refer to the City of Euless and the words "regula- tory authority" shall be understood to refer to the city health officer or his designee. (b) Violations of the Rules on Food Service Sanitation are sub- ject to the penalties and remedies listed in the compliance proce- dures, set out herein as Sections 8-86 through 8-91 below. (Ord. ^ No. 718, § 2, 10-12-83) Sec. 8-86. Permits,licenses,or certificates. (a) Generally. No person shall operate a food service estab- lishment who does not have a valid permit, license or certificate issued to him by the regulatory authority. Only a person who complies with the requirements of these rules shall be entitled to receive or retain such a permit, license or certificate. Permits, licenses or certificates are not transferable. A valid permit, li- cense or certificate shall be posted and visible to the public in every food service establishment. Editor's note—Ordinance No. 718, §§ 1, 2, adopted Oct. 12, 1982, was not enacted as a specific amendment or addition to the Code and hence has been included herein as Art.V, §§8-85-8-91,at the discretion of the editor. Cross references—Alcoholic beverages and beverage establishments, § 21/2-1 et seq.;buildings and structures, Ch. 4; garbage,trash and weeds, Ch. 7; water and sewers,Ch. 16. Supp.No.10 610 §8-86 HEALTH AND SANITATION §8-86 (b) Issuance of permit, license or certificate: (1) Any person desiring to operate a food service establish- ment shall make written application for a permit, license or certificate on forms provided by the regulatory authori- ty. Such application shall include the name and address of each applicant, the location and type of the proposed food service establishment,and the signature of each applicant. (2) Prior to approval of an application for a permit, license or certificate, the regulatory authority shall inspect the pro- posed food service establishment to determine compliance with the requirements of these rules. (3) The regulatory authority shall issue a permit, license or certificate to the applicant if its inspection reveals that the proposed food service establishment complies with the re- quirements of these rules. (4) Any permit granted under the provisions of this article shall remain in full force and effect for a period of one year from date of issuance, unless sooner revoked for noncom- pliance with city ordinances. (5) Every food service establishment 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 annual 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 issuance date of the permit. (c) Suspension of permit, license or certificate. The regulatory authority may, without warning, notice, or hearing suspend any permit, license or certificate to operate a food service establish- ment if the holder of the permit,license or certificate has failed to comply with the requirements of these rules,or if the operation of the establishment does not comply with the requirements of these rules, and such noncompliance constitutes a hazard to public health. The regulatory authority may further, without warning, notice, or hearing, suspend any permit, license or certificate to operate a food service establishment if the holder of the permit, license or certificate is in noncompliance therewith and fails to Supp.No.10 611 §8-86 EULESS CODE §8-86 �..� comply with the requirements of these rules after notice of such noncompliance and the failure to furnish adequate proof of such compliance within a specified period of time stated in notice to such permit,license or certificate holder served by the regulatory authority and setting forth the reasons for noncompliance with these rules, or, in the case of violations noted at time of inspec- tion and contained in an inspection report,within the time period provided in subsection (dX1) hereof. Suspension is effective upon service of the notice required by the following paragraph of this subsection. When a permit, license or certificate is suspended, food service operations shall immediately cease. Whenever a per- mit, license or certificate is suspended, the holder of the permit, license,or certificate shall be afforded an opportunity for hearing within ten(10)days of receipt of a request for a hearing. Whenever a permit, license or certificate is suspended, the holder of the permit, license, or certificate, or the person in charge shall be notified in writing that the permit, license or certificate is,upon service of the notice, immediately suspended and that an opportunity for a hearing will be provided if a written request for a hearing is filed with the regulatory authority by the holder of the permit, license or certificate within ten (10) days. If no writ- ten request for hearing is filed within ten (10) days, the suspen- sion is sustained. The regulatory authority may end the suspen- sion at any time if reasons for suspension no longer exist. (d) Revocation of permit, license or certificate. The regulatory authority may, after providing opportunity for a hearing, revoke a permit, license or certificate for serious or repeated violations of any of the requirements of these rules or for interference with the regulatory authority in the performance of its duties. Prior to revocation,the regulatory authority shall notify the holder of the permit, license or certificate, or the person in charge, in writing of the reason for which the permit, license or certificate is subject to revocation and that the permit, license or certificate shall be revoked at the end of the ten (10) days following service of such notice unless a written request for a hearing is filed with the regulatory authority by the holder of the permit, license or certif- icate within such ten-day period. If no request for hearing is filed within the ten-day period,the revocation of the permit, license or certificate becomes final. Supp.No.10 612 • §8-86 HEALTH AND SANITATION §8-87 (e) Service of notices. A notice provided for in these rules is properly served when it is delivered to the holder of the permit, license or certificate, or the person in charge, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit, license or certifi- cate. A copy of the notice shall be filed in the records of the regulatory authority. (f) Hearings. The hearings provided for in these rules shall be conducted by the regulatory authority at a time and place desig- nated by it. Based upon the recorded evidence of such hearing, the regulatory authority shall make a final finding, and shall sustain, modify or rescind any notice or order considered in the hearing. A written report of the hearing decision shall be fur- nished to the holder of the permit, license or certificate by the regulatory authority. (g) Application after revocation. Whenever a revocation of a permit, license or certificate has become final, the holder of the revoked permit, license or certificate may make written applica- tion for a new permit, license or certificate. (Ord. No. 718, § 2, 10-12-82) Sec. 8-87. Inspections. (a) Inspection frequency. An inspection of a food service estab- lishment shall be performed at least once every six (6) months. Additional inspections of the food service establishment shall be performed as often as are necessary for the enforcement of these rules. (b) Access. Agents of the regulatory authority, after proper identification, shall be permitted to enter any food service estab- lishment at any reasonable time, for the purpose of making in- spections to determine compliance with these rules. The agents shall be permitted to examine the records of the establishments to obtain information pertaining to food and supplies purchased, received or used, or to persons employed. (c) Report of inspections. Whenever an inspection of a food service establishment or commissary is made, the findings shall be recorded on the inspection report form set out in paragraph(e) Supp.No.10 613 §8-87 EULESS CODE §8-87 of this section. The inspection report form shall summarize the requirements of these rules and shall set forth a weighted point value for each requirement. Inspection remarks shall be written to reference, by section number, the section violated and shall state the correction to be made. The rating score of the estab- lishment shall be the total of the weighted point values for all violations, subtracted from one hundred (100). A copy of the inspection report form shall be furnished to the person in charge of the establishment at the conclusion of the inspection. The completed inspection report form is a public document that shall be made available for public disclosure to any person who re- quests it according to law. (d) Correction of violations. The inspection report form shall specify a reasonable period of time for the correction of the viola- tions found, and correction of the violations shall be accomplished within the period specified, in accordance with the following provisions: (1) If an imminent health hazard exists,such as complete lack of refrigeration or sewage backup into the establishment, ^� the establishment shall immediately cease food service operations. Operations shall not be resumed until author- ized by the regulatory authority. (2) All violations of four- or five-point-weighted items shall be corrected as soon as possible, but in any event, within ten (10)days following inspection. Within fifteen(15) days after the inspection, the holder of the permit, license or certifi- cate shall submit a written report to the regulatory au- thority stating that the four- or five-point violations have been corrected. A follow-up inspection shall be conducted to confirm correction. (3) All one- or two-point-weighted items shall be corrected as soon as possible, but in any event, by the time of the next routine inspection. (4) When the rating score of the establishment is less than sixty (60), the establishment shall initiate corrective ac- tion on all identified violations within forty-eight(48)hours. One or more reinspections will be conducted at reasonable time intervals to assure correction. Supp.No.10 614 §8-87 HEALTH AND SANITATION §8-88 (5) In the case of temporary food service establishments, all violations shall be corrected within twenty-four(24)hours. If violations are not corrected within twenty-four(24)hours, the establishment shall immediately cease food service operations until authorized to resume by the regulatory authority. The inspection report shall state that failure to comply with any time limits for corrections may result in cessation of food service operations. An opportunity for appeal from the inspection findings and time limitations will be provided if a written re- quest for a hearing is filed with the regulatory authority within ten (10) days following cessation of operations. If a request for a hearing is received, a hearing shall be held within ten (10) days of receipt of that request. Whenever a food service establishment is required under the provisions of this rule to cease operations, it shall not resume operations until such time as a reinspection determines that conditions responsible for the requirement to cease operations no longer exists. Opportunity for reinspection shall be offered within a reasonable time. �-' (e) Inspection report form. An inspection report form based on the requirements of these rules is hereto appended. (Ord. No. 718, § 2, 10-12-82) Editor's note—The inspection report form referred to in paragraph(e)above has not been included herein, but is on file for inspection by the public in the office of the city secretary. Sec. 8-88. Examination and condemnation of food generally. Food may be examined or sampled by the regulatory authority as often as necessary for enforcement of these rules. The regula- tory authority may,upon written notice to the owner or person in charge specifying with particularity the reasons therefor,place a hold order on any food which it believes is in violation of Subsec- tion (a) of Rule .003, or any other provision of these rules. The regulatory authority shall tag, label, or otherwise identify any food subject to the hold order.No food subject to a hold order shall be used,served,or moved from the establishment.The regulatory authority shall permit storage of the food under conditions speci- Supp.No.10 615 §8-88 EULESS CODE §8-90 fled in the hold order, unless storage is not possible without risk to the public health, in which case immediate destruction shall be ordered and accomplished. The hold order shall state that a request for hearing may be filed within ten (10) days and that if no hearing is requested the food shall be destroyed. A hearing shall be held if so requested, and on the basis of evidence pro- duced at that hearing, the hold order may be vacated, or the owner or person in charge of the food may be directed by written order to denature or destroy such food or to bring it into compli- ance with the provisions of these rules.(Ord.No. 718, § 2, 10-12-82) Sec. 8-89. Review of plans. (a) Submission of plans. Whenever a food service establish- ment is constructed or extensively remodeled and whenever an existing structure is converted to use as a food service establish- ment, properly prepared plans and specifications for such con- struction, remodeling or conversion shall be submitted to the regulatory authority for review and approval before construction, remodeling or conversion is begun. The plans and specifications shall indicate the proposed layout, arrangement, mechanical plans and construction materials of work areas,and the type and model of proposed fixed equipment and facilities. The regulatory au- thority shall approve the plans and specifications if they meet the requirements of these rules. No food service establishment shall be constructed, extensively remodeled or converted except in accordance with plans and specifications approved by the regu- latory authority. (b) Preoperational inspection. Whenever plans and specifications are required by the above paragraph to be submitted to the regulatory authority, the regulatory authority shall inspect the food service establishment prior to its beginning operation to determine compliance with the approved plans and specifications and with the requirements of these rules. (Ord. No. 718, § 2, 10-12-82) Sec. 8-90. Procedure when infection is suspected. When the regulatory authority has reasonable cause to suspect the possibility of disease transmission from any food service es- Supp.No.10 616 �� §8-90 HEALTH AND SANITATION §8-91 tablishment employee, it may secure morbidity history of the suspected employee or make any other investigation as may be indicated and shall take appropriate action. The regulatory au- thority may require any or all of the following measures: (1) The immediate exclusion of the employee from all food service establishments; (2) The immediate closing of the food service establishment concerned until,in the opinion of the regulatory authority, no further danger of disease outbreak exists; (3) Restriction of the employee's services to some area of the establishment where there would be no danger of trans- mitting disease; and, (4) Adequate medical and laboratory examination of the em- ployee,of other employees and of his and their body discharges. (Ord. No. 718, § 2, 10-12-82) Sec. 8-91. Remedies. (a) Penalties. Any person, firm or corporation who violates a provision of these rules and any person who is the permit holder of or otherwise operates a food service establishment that does not comply with the requirements of these rules and any respon- sible officer of that permit holder or those persons 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. (b) Injunctions. The regulatory authority may seek to enjoin violations of these rules. (Ord. No. 718, § 2, 10-12-82) Cross reference—General penalty,§ 1-6. Supp.No.10 [The next page is 655] 617 § 16-4 WATER AND SEWERS § 16-6 In case of material increase, installation shall not be less than material cost plus fifteen (15) percent. (b) Sewer. Sewer connection fees shall be paid solely for the privilege of connecting to the system. The cost of installing such connection shall be borne by the user. The fee shall be one hundred fifty dollars ($150.00). (Ord. No. 568, § 2, 3-27-79) Sec. 16-5. Water deposits. All applicants for water service will be required to make a meter deposit (payment security deposit) for each water service connection; such deposit to remain with the city throughout the term of the service contract. (a) The deposit for residential customers who have not been disconnected for nonpayment shall be fifteen dollars ($15.00). Each family living unit shall be considered to be a separate water and/or sewer customer. The deposit shall be fifteen dollars ($15.00) per unit. (b) Deposits for commercial customers shall not be less than twenty-five dollars ($25.00) and shall be calculated to equal the multiple of five dollars ($5.00) nearest the estimated average monthly billing for the particular type of customer involved. Calculation shall be based on water, sewer and garbage monthly billing. (c) Deposits shall be refunded, or in the event a balance is due, applied against the final bill for services required upon termination of the contract. The city will not pay interest on meter deposit funds. (Ord. No. 568, § 2, 3-27-79) Sec. 16-6. Schedule of monthly rates. The schedule of monthly rates for water, sewer, abnormal sewage surcharge and industrial cost recovery charge is as follows: Supp.No.10 1167 EULESS CODE § 16-6 § 16-6 Water Service for All Users Base rate $6.00 for first 2,000 gallons of water used. Rate per 1,000 gallons $1.25 after first 2,000 gallons. Sewer Service—Residential The sewer service charge for residential customers shall be based on ninety (90) percent of metered water. Sewer service charges shall be based on ninety (90) percent of a maximum of twelve thousand (12,000) gallons of metered water per billing period per living unit. The monthly minimum per living unit shall be as follows: (a) Within the corporate limits, three dollars and twenty cents ($3.20) plus one dollar and five cents ($1.05) per one thousand (1,000) gallons of ninety (90) percent of metered water. (b) Outside the corporate limits, four dollars ($4.00) plus one dollar and five cents ($1.05) per one thousand (1,000) gallons of ninety (90) percent of metered water. Sewer Service—Commercial and Industrial Commercial and industrial sewer charges shall be based on one hundred (100) per cent of metered water. The rates are: minimum within city limits—three dollars and twenty cents ($3.20) plus one dollar and five cents ($1.05) per one thousand (1,000) gallons; minimum outside city limits—four dollars ($4.00) plus one dollar and five cents ($1.05) per one thousand (1,000) gallons of metered water. The following provisions apply to all commercial and industrial custom- ers. (a) Customers that show proof that a significant portion of metered water does not enter the sanitary sewer shall not be billed for that portion that does not enter the sanitary sewer. (b) Monitored group class customers shall be billed according to section 16-10. Supp.No.10 1168 § 16-6 WATER AND SEWERS § 16-8 (c) Industrial cost recovery group customers shall be billed according to section 16-10 plus the additional charges in section 16-24(c) as required. (Ord. No. 568, § 2, 3-27-79; Ord. No. 627, § 1, 6-10-80; Ord. No. 713, § 1, 9-28-82) Sec. 16-7. Billing. Each month's charges shall be due and payable on or before the tenth day after the date of the bill; in the event such charges are not paid within ten (10) days from the date of the bill, a penalty shall be added in the amount of ten (10) per cent of the past due amount. Receipt of a check that is dishonored shall be deemed nonpayment, and there shall be an additional bad check service charge of three dollars ($3.00). (Ord. No. 568, § 2, 3-27-79) Sec. 16-8. Delinquent notice; hearing; termination of water service; reconnection. (a) In the event that any month's charges shall remain delinquent at the time of a subsequent billing, the user or customer with said delinquent account shall receive a delinquent notice to be mailed not later than ten (10) days after the preparation of the second or subsequent billing. (b) The city manager shall appoint a city utility hearing officer who shall serve in that capacity at the pleasure of the city manager. The city utility hearing officer shall be empowered to resolve billing errors in advance of any scheduled date of service termination. Any user or customer shall be entitled to a pretermination hearing before the utility hearing officer prior to the cutoff date specified in the deliquent notice. It will be the duty of the utility hearing officer to determine that customers are not overcharged or charged with services not rendered. (c) If the bill is not paid or other disposition made within fifteen (15) days of the date of the delinquent notice, water service will be terminated. Supp.No.10 1169 § 16-8 EULESS CODE § 16-10 (d) Where services have been disconnected for nonpay- ment, there shall be a charge of two dollars ($2.00) for reconnection, an additional deposit of five dollars ($5.00), and full payment of outstanding bill before reconnection of service. (Ord. No. 568, § 2, 3-27-79) Sec. 16-9. Change of location by customer. Customers moving or changing locations must pay all debts from previous addresses before receiving service at a new location. The deposit at an address cannot be changed to another name for the purpose of receiving service without paying outstanding debts. (Ord. No. 568, § 2, 3-27-79) Sec. 16-10. Monitored group class. (a) The director of public works shall establish a monitored group class, consisting of those customers whose wastewater strength is, in his judgement, abnormally high or low, and charges to customers in this class shall be computed in accord with the following five (5) part rate schedule: .--� Customer monthly service charge $3.20 Volume charge 1 05 per 1,000 gallons BOD strength charge 0.0392 per pound of BOD Suspended solids strength charge 0 0139 per pound of Suspended Solids Monitoring charge Total cost to City of Euless (b) The monitoring charge shall consist of all cost for personnel, material and equipment used to collect and analyze samples from the customer's wastewater to determine the strength of the wastewater produced. The monitored customer's wastewater shall be tested a minimum of once per year, but may be tested on a more frequent basis if deemed necessary by the director of public works, or if the monitored customer requests more frequent testing. (c) This schedule shall replace all other charges previously made for industrial waste strength. (Ord. No. 568, § 2, 3-27-79; Ord. No. 627, § 2, 6-10-80) Supp.No.10 1170 CODE COMPARATIVE TABLE \-...- Section Ord.No. Date Section this Code 4 4-81-4-92. 5 4-97-4-104 6 4-111-4-114 7 4-75 10 4-76 698 3- 9-82 1 App.B,§6 2 App.B,§7 3 App.B,§14 4 App.B,§17 5 App.B,§19(2) 6-8 App.B,§§23-25 701 4-13-82 1-3 5-31-5-33 5 5-34 705 6- 8-82 1 5-01 706 6-22-82 1 2-71—2-75 713 9-28-82 1 16-6 715 9-28-82 1 4-1 716 9-28-82 1 4-120(a) 5 4-120(b) 718 10-12-82 1 8-85(a) 2 8-85(b), 8-86-8-91 731 1-25-83 1 5-21(c) 2 5-22 [The next page is 1481] Supp.No.10 1473 CODE INDEX FIRE PREVENTION—Cont'd. Section Modifications 6-2 Penalty 6-4 Dangerous premises,appliances,etc. Duties of fire marshal. See: Fire Marshal Keeping, duties regarding. See: Fire Marshal Districts; limits classified 6-1(d) Explosives,combustibles,flammables, etc. Fire extinguisher sales and service Licensing of 6-73 Fire lanes Marking 6-71 Obstructing 6-72 Fire prevention officer Authority to assign; duties 6-1(c) Grass fires Weed and grass abatement provisions. See: Weeds and Brush 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 Volatiles FIREARMS AND WEAPONS Definitions 11-13 Discharging 11-14 Supp.No.10 1513 EULESS CODE FIRES Section 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 FLUES Air pollution control. See that title FOLLOWING. See: Preceding,Following FOOD AND FOOD SERVICE ESTABLISHMENTS Eating and drinking establishments.See that title Examination and condemnation of food generally 8-88 Infection,procedure when suspected 8-90 Inspections ^. Access 8-87(b) Correction of violations 8-87(d) Frequency 8-87(a) Report form 8-87(e) Report of inspections 8-87(c) Permits,licenses or certificates Generally 8-86(a) Hearings 8-86(f) Issuance 8-86(b) Revocation 8-86(d) Application after 8-86(g) Service of notices 8-86(e) Suspension 8-86(c) Remedies 8-91 Review of plans 8-89 State rules adopted by reference 8-85 FOOD PEDDLERS Health certificates. See: Peddlers, Canvassers and Solici- tors FOOD VENDING MACHINES Coin-operated machines and devices. See that title FORFEITURES. See: Fines, Forfeitures and Penalties Supp.No.10 1514 �� CODE INDEX FORTUNETELLERS Vagrancy provisions applicable to. See: Vagrancy FOWL. See: Animals and Fowl FRANCHISES Cable television. See that title 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 Supp.No.10 1514.1 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. 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.10 1517 EULESS CODE �1 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: Poolrooms and Billiard Par- lors Powers _—___ � __ 8-5 Territory embraced __________—___— 8-1 HOSPITALS Alcoholic beverage establishments Proximity of to hospitals, schools, etc. See: Alco- holic r..� Beverages Prohibited noises enumerated. See: Noises HOTELS Hotel (motel and other transient lodging) occupancy tax. See: Taxation 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 Supp.No.10 1518