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HomeMy WebLinkAboutSupplement No. 15 - 1974 Code of Ordinances SUPPLEMENT NO.15 �—' 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.839,enacted May 14, 1985. See Code Comparative Table,page 1475. Remove old pages Insert new pages xiii through xvi xiii through xvi 265, 266, 266.1 265, 266, 266.1 308.3 308.3 through 308.20 845, 846 845, 846, 846.1 1321, 1322 1321, 1322, 1322.1 1332.7 through 1336 1333 through 1336.1 1475 1475 Index pages Index pages 1502.1, 1503, 1504 1502.1, 1502.2, 1503 1513, 1514, 1514.1 1513 through 1514.2 1519, 1520, 1520.1 1519, 1520, 1520.1 1522.1 1522.1 1533, 1534 1533, 1534, 1534.1 1540.1 1540.1 Insert this instruction sheet in front of volume. File removed pages for reference. MUNICIPAL CODE CORPORATION Tallahassee,Florida August,1985 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 Evidence 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. General Provisions 99 2. Administration 153 Art. I. In General 153 Art. II. Civil Service System 159 Art. III. Advisory Board for Social Concerns 164 Supp.No.15 Xiii EULESS CODE Chapter Page 22.Alcoholic Beverages. 183 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 Regulations 289 Div. 1. Generally 289 Div. 2. Inspectors 293 Div. 3. Licenses 296 Div. 4. Permits 299 Art. V. Plumbing and Gas Fitting 300 Art. VI. Fences and Obstructions 301 Art. VII. Satellite Television Reception Dishes 308.4 Art. VIII. Flood Damage Prevention 308.4 Div. 1. General Provisions 308.4 Div. 2. Administration 308.11 Div. 3. Provisions for Flood Hazard Re- duction 308.15 41/2. Cable Television 309 Art. I. In General 309 Art. II. Administration 316 Art. III. Operation Regulations 329 4%/4. Civil Preparedness 345 5. Finance and Taxation 351 Art. I. In General 351 Art. II. Ad Valorem Tax 351 Art. III. Hotel Occupancy Tax 354 Art. IV. Bingo Tax 357 6. Fire Protection and Prevention 447 Art. I. In General 447 Art. II. Fire Department 454 Art. III. Fire Marshal 456 Art. IV. Transportation, Handling and Storage of Volatiles 462 Supp.No.15 xiV TABLE OF CONTENTS—Cont'd. Chapter Page 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 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 Art. VI. Retail Food Stores 618 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 887 Art. II. Obscene Publications 846.1 12. Parks,Recerational and Cultural Facilities . 899 Art. I. In General 899 Art. II. Library 904 Supp.No.15 XV EULESS CODE Chapter Page 13. Streets and Sidewalks 953 Art. I. In General 953 Art. II. Barricades 954 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 Div. 1. General Provisions 1159 Div. 2. Fees, Rates and Charges 1162 Art. II. Wastewater Collection and Treatment 1168 Div. 1. Generally 1168 Div. 2. Wastewater Contribution Regula- tions 1174 Div. 3. Administration and Enforcement 1180 Appendix A. Zoning (Reserved) 1215 B. Subdivisions 1315 Art. I. In General 1315 Art. II. Improvements 1332.6 Art. III. Storm Water Design Standards 1354.1 Code Comparative Table ______ 1461 Charter Index __�____— 1481 Code Index -----__—_-- ---____-- 1497 Supp.No.15 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,§§4-132-4-149 Art. VII. Satellite Television Reception Dishes,§§4-150-4-169 Art. VIII. Flood Damage Prevention,§§4-170-4-208 Div. 1. General Provisions, §§4-170-4-189 Div. 2. Administration,§§4-190-4-204 Div. 3. Provisions for Flood Hazard Reduction, §§4-205-4-208 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 *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.15 265 § 4-1 EULESS CODE § 4-20 Dangerous Buildings, Uniform Housing Code and Uniform Me- chanical code, marked "Exhibit A," and one copy of the amend- 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- -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.15 266 § 4-21 BUILDINGS AND STRUCTURES § 4-21 Sec. 4-21. Same—Bond; arrangement with utility companies. Before such permit is granted by the city secretary, the party applying therefor shall give a surety bond payable to the city, in the sum of one thousand dollars ($1,000.00), ex- ecuted by a surety company authorized to do business in the state, to be approved by the city secretary and city attorney, conditioned among other things that said party will save, in- demnify and keep harmless the city against all liabilities, Supp.No.15 266.1 §4-138 BUILDINGS AND STRUCTURES §4-138 — t- i 1 1 ‘`b U -.- PJ \r,,54 kil g t.ita cfNii—k, . k' 1 -tt=, ,,,(,@cIA iLef. 6 I__tr, 4,3 . �it-a h -ZC°� \i- A -_, \., \ IL i? i c4 il V_-v °- ' E- -: ==, ` j _L��11!) )'J.i .Q W S`� • N .• - N:- •k, .• `--\ i 4 L'''' F,,c. 0.4 C1):1 ---k, \i 4 •w � CW � ; � 04 • %- o \I N I 1 GA 006 0 Supp.No.15 308.3 §4-139 EULESS CODE §4-170 Secs. 4-139-4-149. Reserved. ARTICLE VII. SATELLITE TELEVISION RECEPTION DISHES* Sec. 4-150. Permit—Required;fees. (a) No person shall erect or install any satellite television re- ception dish until such person shall have obtained a permit therefor from the Euless Building Inspector. (b) No person shall be issued unless the applicant has first paid therefor to the Euless Building Inspector the applicable fee. (Ord. No. 827, § 6, 2-26-85) Secs. 4-151-4-169. Reserved. ARTICLE VIII. FLOOD DAMAGE PREVENTIONt DIVISION 1. GENERAL PROVISIONS Sec. 4-170. Statement of purpose. It is the purpose of this article to promote to the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions de- signed to: (1) To protect human life and health; (2) To minimize expenditure of public money for costly flood- control projects; *Editor's note—Section 6 of Ord.No.827,adopted Feb.26,1985,amended the Code by adding provisions designated as a new Art. VII, § 4-140. In order to facilitate the inclusion of future additions to Art. VI of Ch. 4, the editor has redesignated these new provisions as Art.VII, §4-150. tEditor's note—Ordinance No.831,adopted March 12,1985,amended the Code by adding provisions designated as a new Art.VII,Ch.4.Inasmuch as§6 to Ord. No. 827, enacted Feb. 26, 1985, already amended Ch. 4 by adding provisions designated as Art.VII,the editor has redesignated the provisions of Ord.No.831 as a new Art.VIII. Supp.No.15 308.4 §4-170 BUILDINGS AND STRUCTURES §4-171 (3) To minimize the need for rescue and relief efforts associ- ated with flooding and generally undertaken at the ex- pense of the general public; (4) To minimize prolonged business interruptions; (5) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; (6) To help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and (7) To ensure that potential buyers are notified that property is in a flood area. (Ord. No. 831, Div. I, § A, 3-12-85) Sec. 4-171. Methods of reducing flood losses. In order to accomplish its purposes,this article uses the follow- ing methods: (1) Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities; (2) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Control the alteration of natural floodplains, stream chan- nels, and natural protective barriers, which are involved in the accommodation of floodwaters; (4) Control filling, grading, dredging and other development which may increase flood damage; and (5) Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands. (Ord. No. 831, Div. I, § B, 3-12-85) Supp.No.15 308.5 §4-172 EULESS CODE §4-172 Sec. 4-172. Definitions. Unless specifically defined below,words or phrases used in this article shall be interpreted to give them the meaning they have in common usage and to give this article its most reasonable application: Appeal means a request for a review of the director of public works and/or the city engineer's interpretation of any provisions of this article or a request for a variance. Area of shallow flooding means a designated AO, AH or VO Zone on a community's flood insurance rate map (FIRM) with a one per cent or greater chance of flooding to an average depth of one to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Area of special flood hazard is the land in the floodplain within a community subject to a one per cent or greater chance of flood- ing in any given year. The area may be designated as Zone A on the FHBM. After detailed ratemaking has been completed in preparation for publication of the FIRM, Zone A usually is re- fined into Zones A, AO,AH, A1-99, VO or V1-30. Base flood means the flood having one per cent chance of being equalled or exceeded in any given year. Development means any man-made change to improved or un- improved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, ex- cavation or drilling operations. Existing mobile home park or mobile home subdivision means a parcel(or contiguous parcels)of land divided into two(2)or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed before the effective date of this article. Supp.No.15 308.6 §4-172 BUILDINGS AND STRUCTURES §4-172 Expansion to an existing mobile home park or mobile home subdivision means the preparation of additional sites by the con- struction of facilities for servicing the lots on which mobile homes are to be affixed (including the installation of utilities, either final site grading or the pouring of concrete pads,or the construc- tion of streets). Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland water. (2) The unusual and rapid accumulation or runoff of surface waters from any source. Flood hazard boundary map(FHBM) means an official map of a community, issued by the Federal Insurance Administration, where the areas within the boundaries of special flood hazards have been designated as Zone A. Flood insurance rate map (FIRM) means an official map of a community, on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. Flood insurance study is the official report provided by the Federal Insurance Administration. The report contains flood profiles, the water surface elevation of the base flood, as well as the flood hazard boundary floodway map. Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Habitable floor means any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used for storage purposes only is not a "habitable floor." Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. Mean sea level means the average height of the sea for all stages of the tide. Supp.No.15 308.7 §4-172 EULESS CODE §4-172 .ice Mobile home means a structure, transportable in one or more sections, which is built on a permanent chassis designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers. New mobile home park or mobile home subdivision means a parcel (or contiguous parcels)of land divided into two(2)or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets)is completed on or after the effective date of this article. Start of construction means the first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include excavation for a basement, footings, piers or founda- ----..., tions or the erection of temporary forms; nor does it include the installation on the property of accessory buildings,such as garages or sheds not occupied as dwelling units or not as part of the main structure. For a structure (other than a mobile home) without a basement or poured footings,the "start of construction" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For mobile homes within mobile home parks or mobile home subdivision, "start of con- struction" is the date on which the construction of facilities for servicing the site on which the mobile home is to be affixed (including, at a minimum,the construction of streets,either final site grading or the pouring of concrete pads, and installation of utilities)is completed. Structure means a walled and roofed building that is princi- pally above ground, as well as a mobile home. Substantial improvement means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty (50) per cent of the market value of the structure either (1) before the improvement or repair is started,or(2)if the structure Supp.No.15 �---, 308.8 §4-172 BUILDINGS AND STRUCTURES §4-175 has been damaged and is being restored, before the damage oc- curred. For the purposes of this definition "substantial improve- ment"is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either(1)any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of His- toric Places or the Texas Register of Historic Landmarks. Variance is a grant of relief to a person from the requirements of this article when specific enforcement would result in unnecessary hardship. A variance,therefore,permits construction or develop- ment in a manner otherwise prohibited by this article. (Ord. No. 831,Div. II, 3-12-85) Sec. 4-173. Lands to which this article applies. This article shall apply to all areas of special flood hazard within the jurisdiction of the City of Euless. (Ord. No. 831, Div. III, § A, 3-12-85) Sec. 4-174. Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for the City of Euless," dated November 8, 1983,with accompanying flood insurance rate maps and flood hazard boundary-floodway maps, and any revi- sion thereto,are hereby adopted by reference and declared to be a part of this article. (Ord. No. 831, Div. III, § B, 3-12-85) Sec. 4-175. Compliance. No structure or land shall hereafter be located, altered or have its use changed without full compliance with the terms of this article and other applicable regulations. (Ord.No. 831, Div. III, § D, 3-12-85) Supp.No.15 308.9 §4-176 EULESS CODE §4-178 Sec. 4-176. Abrogatrion and greater restrictions. This article is not intended to repeal, abrogate or impair any existing easements, convenants or deed restrictions. However, where this article and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. No. 831, Div. III, § E, 3-12-85) Sec. 4-177. Interpretation. In the interpretation and application of this article, all provi- sions shall be: (1) Considered as minimum requirements; (2) Liberally constructed in favor of the governing body; and (3) Deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. No. 831, Div. III, § F, 3-12-85) Sec. 4-177. Interpretation. In the interpretation and application of this article all provi- sions shall be: (1) Considered as minimum requirements; (2) Liberally constructed in favor of the governing body; and (3) Deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. No. 831, Div. III, § F, 3-12-85) Sec. 4-178. Warning and disclaimer of liability. The degree of flood protection required by this article is consid- ered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions,greater floods can and will occur and flood heights may be increased by man- made or natural causes. This article does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of the City of Euless or any officer or employee thereof for any flood damages that Supp.No.15 308.10 §4-178 BUILDINGS AND STRUCTURES §4-191 result from reliance on this article or any administrative decision lawfully made thereunder. (Ord. No. 831, Div. III, § G, 3-12-85) Sec. 4-179. Penalty for violation. Any person, firm or corporation violating any of the terms and provisions of this article shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed one thousand dollars ($1,000.00). Each such violation shall be deemed a separate offense and shall be punishable as such hereunder. (Ord. No. 831, Div. VI, 3-12-85) Secs. 4-180-4-189. Reserved. DIVISION 2. ADMINISTRATION Sec. 4-190. Admnistrator—Designation. The director of public works and/or city engineer is hereby appointed to administer and implement the provisions of this article. (Ord. No. 831, Div. IV, § A, 3-12-85) Sec. 4-191. Same—Duties and responsibilities. Duties and responsibilities of the director of public works and/or city engineer shall include, but not be limited to: (1) Maintaining and holding open for public inspection all records pertaining to the provisions of this article. (2) Reviewing, approving or denying all applications for de- velopment permits required by Division III, Section C of this article. (3) Reviewing permits for proposed development to assure that all necessary permits have been obtained from those fed- eral, state or local governmental agencies from which prior approval is required. (4) Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions),the director of public works and/or city engineer shall make the neces- Supp.No.15 308.11 §4-191 EULESS CODE §4-193 �1 sary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to ap- peal the interpretation as provided in Section 4-194 of this division. (5) Notifying adjacent communities and the Texas Department of Water Resources prior to any alteration or relocation of a watercourse, and submitting evidence of such notifica- tion to the Federal Insurance Administration. (6) Assuring that maintenance is provided within the altered or relocated portion of said watercourse so that the flood- carrying capacity is not diminished. (7) When base flood elevation data has not been provided in accordance with Section 4-174,the director of public works and/or city engineer shall obtain, review and reasonably utilize any base flood elevation data available from a fed- eral, state or other source in order to administer the provi- sion of Division 3. (Ord. No. 831, Div. IV, § B, 3-12-85) Sec. 4-192. Establishment of development permit. A development permit shall be required to ensure conformance with the provisions of this article. (Ord. No. 831, Div. III, § C, 3-12-85) Sec. 4-193. Permit procedures. (a) Application for a development permit shall be presented to the director of public works and/or city engineer on forms fur- nished by him and may include, but not be limited to, plans in duplicate drawn to scale showing the locations, dimensions and elevation of proposed landscape alterations, existing and proposed structures, and the location of the foregoing in relation to areas of special flood hazard. Additionally,the following information is required: (1) Elevation in relation to mean sea level, of the lowest floor (including basement)of all proposed structures; (2) Elevation in relation to mean sea level to which any non- residential structure shall be floodproofed; Supp.No.15 308.12 §4-193 BUILDINGS AND STRUCTURES §4-193 (3) A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of Section 4-206(2); and (4) Description of the extent to which any watercourse or nat- ural drainage will be altered or relocated as a result of proposed development. (b) Approval or denial of a development permit by the director of public works and/or city engineer shall be based on all of the provisions of this article and the following relevant factors: (1) The danger to life and property due to flooding or erosion damage; (2) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (3) The danger that materials may be swept onto other lands to the injury of others; (4) The compatibility of the proposed use with existing and anticipated development; (5) The safety of access to the property in times of flood for ordinary and emergency vehicles; (6) The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems; (7) The expected heights, velocity, duration, rate of rise and sediment transport of floodwaters expected at the site; (8) The necessity to the facility of a waterfront location,where applicable; (9) The availability of alternative locations, not subject to flooding or erosion damage,for the proposed use; and (10) The relationship of the proposed use to the comprehensive plan for that area. (Ord. No. 831, Div. IV, § C, 3-12-85) Supp.No.15 308.13 §4-194 EULESS CODE §4-194 ^� Sec. 4-194. Variance procedures. (a) The planning and zoning commission, as established by the City of Euless, shall hear and render judgment on requests for variances from the requirements of this article. (b) The planning and zoning commission shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision or determination made by the director of public works and/or city engineer in the enforcement or admin- istration of this article. (c) Any person or persons aggrieved by the decision of the planning and zoning commission may appeal such decisions in the courts of competent jurisdiction. (d) The director of public works and/or city engineer shall main- tain a record of all actions involving an appeal and shall report variances to the Federal Insurance Administration upon request. (e) Variances may be issued for the reconstruction, rehabilita- tion or restoration of structures listed on the National Register of Historic Places or the Texas Register of Historic Landmarks without regard to the procedures set forth in the remainder of this section. (f) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, pro- viding the relevant factors in Section 4-193(b) of this division have been fully considered. As the lot size increases beyond one- half acre,the technical justification required for issuing the vari- ance increases. (g) Upon consideration of the factors noted above and the in- tent of this article, the planning and zoning commission may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this article. (h) Variances shall not be issued within any designated flood- way if any increase in flood levels during the base flood discharge would result. Supp.No.15 308.14 §4-194 BUILDINGS AND STRUCTURES §4-205 (i) Prerequisites for granting variances: (1) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (2) Variances shall only be issued upon: a. A showing of good and sufficient cause; b. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and c. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the pub- lic, or conflict with existing local laws or ordinances. (3) Any applicant to whom a variance is granted shall be given written notice that the structure will not be permit- ted to be built with a lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (Ord. No. 831, Div. IV, § D, 3-12-85) Secs. 4-195-4-204. Reserved. DIVISION 3. PROVISIONS FOR FLOOD HAZARD REDUCTION Sec. 4-205. General standards. In all areas of special flood hazards, the following provisions are required: (1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral move- ment of the structure; (2) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; Supp.No.15 308.15 §4-205 EULESS CODE §4-206 (3) All new construction or substantial improvements shall be constructed with materials and utility equipment resistant to flood damage; (4) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwa- ters into the system; (5) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwa- ters into the system and discharges from the systems into floodwaters; and (6) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (Ord. No. 831, Div. V, § A, 8-12-85) Sec. 4-206. Specific standards. In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 4-174, Section 4-191(7),or Section 4-208(c),the following provisions are required: (1) Residential construction. New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the director of public works and/or city engineer that the standard of this subsection, as proposed in Section 4-193(aX1), is satisfied. (2) Nonresidential construction. New construction or substan- tial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation or, together with the attendant utility and sani- tary facilities, be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A regis- Supp.No.15 308.16 §4-206 BUILDINGS AND STRUCTURES §4-206 tered professional engineer or architect shall submit a cer- tification to the director of public works and/or city engi- neer that the standards of this subsection, as proposed in Section 4-193(aX3), are satisfied. (3) Mobile homes: a. No mobile home shall be placed in a floodway except in an existing mobile home park or existing mobile home subdivision. b. All mobile homes shall be anchored to resist flotation, collapse or lateral movement. Specific requirements shall be: 1. Over-the-top ties at each of the four(4)corners of the mobile home, with two (2) additional ties per side at intermediate locations and mobile homes less than fifty (50) feet long requiring one addi- tional tie per side; 2. Frame ties at each corner of the home with five(5) additional ties per side at intermediate points and mobile homes less than fifty (50)feet long requir- ing four(4)additional ties per side; 3. All components of the anchoring system be capa- ble of carrying a force of four thousand eight hun- dred(4,800)pounds; and 4. Any additions to the mobile home be similarly anchored. c. For new mobile home parks and subdivisions; for ex- pansions to existing mobile home parks and subdivi- sions;for existing mobile home parks and subdivisions where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds fifty (50)per cent of value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced; and for mobile homes not placed in a mobile home park or subdivision require: 1. Stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level. A regis- tered professional engineer, architect or land sur- veyor shall submit a certification to the director of Supp.No.15 308.17 §4-206 EULESS CODE §4-207 public works and/or city engineer that the stand- ards of this paragraph complies with subsection (1)of this section. 2. Adequate surface drainage and access for a hauler are provided. 3. In the instance of elevation on pilings: (i) Lots are large enough to permit steps; (ii) Piling foundations are placed in stable soil no more than ten(10)feet apart; and (iii) Reinforcement is provided for pilings more than six(6)feet above the ground level. (4) Floodways. Located within areas of special flood hazard established in Section 4-174, are areas designated as flood- ways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, po- tential projectiles and erosion potential, the following pro- visions shall apply: a. Encroachments are prohibited, including fill, new con- struction, substantial improvements and other devel- opments unless certification by a professional regis- tered engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge. b. If subsection(4)a. above is satisfied, all new construc- tion and substantial improvements shall comply with all applicable flood hazard reduction provisions of this division. c. The placement of any mobile homes, except in an ex- isting mobile home park or subdivision, is prohibited. (Ord. No. 831, Div. V, § B, 3-12-85) Sec. 4-207. Standards for areas of shallow flooding(AO zones). Located within the areas of special flood hazard established in Section 4-174 are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of one to three (3) feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and inde- terminate; therefore, the following provisions apply: Supp.No.15 308.18 §4-207 BUILDINGS AND STRUCTURES §4-208 (1) All new construction and substantial improvements of res- idential structures shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two (2) feet if no depth num- ber is specified). (2) All new construction and substantial improvements of non- residential structures: a. Shall have the lowest floor (including basement) ele- vated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two (2) feet if no depth number is specified); or, b. Together with attendant utility and sanitary facilities shall be designed so that below the base flood level the structure is watertight with walls substantially im- permeable to the passage of water and with structural components having the capability of resisting hydro- static and hydrodynamic loads of effects of buoyancy. s.-- (3) A registered professional engineer or architect shall sub- mit a certification to the director of public works and/or city engineer that the standards of this section, as pro- posed in Section 4-193(a)(1) are satisfied. (4) Require within Zones All and AO adequate drainage paths around structures on slopes to guide floodwater around and away from proposed structures. (Ord. No. 831, Div. V, § C, 3-12-85) Sec. 4-208. Standards for subdivision proposals. (a) All subdivision proposals shall be consistent with Sections 4-170 and 4-171 of this article. (b) All proposals for the development of subdivisions shall meet development permit requirements of Section 4-192; Section 4-193; and the provisions of this division. (c) Base flood elevation data shall be provided for subdivision proposals and other proposed development which is greater than Supp.No.15 308.19 §4-208 EULESS CODE §4-208 �� the lesser of fifty (50) lots or five (5) acres, if not otherwise provided pursuant to Section 4-174 or Section 4-191(7) of this article. (d) All subdivision proposals shall have adequate drainage pro- vided to reduce exposure to flood hazards. (e) All subdivision proposals shall have public utilities and facilities, such as sewer, gas, electrical and water systems, lo- cated and constructed to minimize flood damage. (Ord. No. 831, Div. V, § D, 3-12-85) Supp.No.15 308.20 § 11-12 OFFENSES, ETC. § 11-13 male person to visit any bawdy house or disorderly house or other place, for the purpose of unlawful sex- ual intercourse, knowing the purpose of such person in going to such house; or who meet any female at such bawdy house or disorderly house for the purpose of unlawful sexual intercourse. (20) All persons who engage in prostitution, lewdness or assignation. (21) All prostitutes who solicit, induce, entice or procure any male person to visit any bawdy house or disorderly house or other place with her for the purpose of unlaw- ful sexual intercourse. (Ord. No. 84, § I, 9-7-57) Cross reference—Prostitutes and vagrants in pool halls, § 10-25. State law reference—Similar provisions,V.T.C.P.art. 607. Sec. 11-13. Weapons—Definitions. As used in section 11-14, the following terms shall have the respective meanings ascribed to them: Air gun: Any weapon discharged and fired by means of forced air and shall be held to include, but is not limited to the following: Air rifles, air guns, air pistols, BB guns and other similar air-propelled weapons. Firearm: Any weapon from which a shot is discharged by an explosion and shall include but is not limited to the follow- ing: Pistols, rifles, shotguns, sawed-off shotguns, machine guns,tear gas guns and other such similar weapons. Pellet gun: Any firearm, gun or weapon which fires or discharges a pellet, shot,ball or cartridge. Spring gun: Any spring-operated gun or weapon which fires or discharges a shot, cartridge, ball, pellet or other pro- jectile. Zip gun: Any weapon made or constructed generally of pipe or tubing and operated or discharged by rubber or elastic force. (Ord. No. 162, § 1,2-13-62) Supp.No.15 845 § 11-14 EULESS CODE § 11-15 �'� Sec. 11-14. Same—Discharging. The firing, shooting, setting off or discharging of any firearm, air gun, pellet gun, spring gun,zip gun and other such weapon is prohibited within the city, except: (1) By action of official and/or duly authorized police and peace officers engaged in the performance of duty and/or train- ing; or (2) By other persons in the time, place and manner expressly authorized by the city council under the terms of any spe- cific use permit issued pursuant to the terms of the Com- prehensive Zoning Code of the city. (Ord. No. 162, § 2, 2-13-62; Ord. No. 835, § 1, 4-9-85) State law references—Similar provisions,V.T.P.C. arts.480,480a; unlawful carrying,art.483. Sec. 11-15. Display of sexually explicit material to minors. (a) Definition. In this section, "display" means to locate an item in such a manner that it is available to the general public for handling and inspection or that the cover or outside packag- ing on an item is visible to members of the general public without obtaining assistance from an employee of a business establishment. (b) Offense. A person commits an offense if, in a business es- tablishment open to persons under the age of seventeen (17) years, he displays a book, pamphlet, newspaper, magazine, film, or video tape with the knowledge that it depicts: (1) Human sexual intercourse, masturbation, or sodomy; (2) Fondling or other erotic touching of human genitals,pubic region,buttocks, or female breasts; (3) Less than completely and opaquely covered human geni- tals, buttocks or that portion of the female breast below the top of areola; or (4) Human male genitals in a discernibly turgid state, whether covered or uncovered in a manner calculated to arouse a sexual lust or passion for commercial gain or to exploit sexual lust or perversion for com- mercial gain. Supp.No.15 846 § 11-15 OFFENSES,ETC. § 11-31 (c) Penalty for violation. An offense under this section is pun- ishable by a fine not to exceed two hundred dollars($200.00), and each day or fraction of a day during which the violation is com- mitted, continuing or permitted shall constitute a separate of- fense hereunder. (Ord. No. 828, §§ 1, 2, 2-26-85) Editor's note—Ordinance No. 828, §§ 1, 2, adopted Feb. 26, 1985, was non- amendatory of the Code; hence, codification herein as § 11-15 was at the discre- tion of the editor. Secs. 11-16-11-29. Reserved. ARTICLE II.OBSCENE PUBLICATIONS* Sec. 11-30. Definition. As used in this article, the term "obscene" means offensive to chastity of mind or to modesty, expressing or presenting to the mind or view something that delicacy, purity and de- cency forbids to be exposed; offensive to modesty, decency or chastity; calculated to corrupt, deprave and debauch the mor- als of the people and promote violation of law; where the dominant theme of the material taken as a whole appeals to a prurient interest in sex; where the material is patently offen- sive because it affronts contemporary community standards relating to the description of representation of sexual mat- ters; and where the material is utterly without redeeming social value. (Ord. No. 392, § I, 2-9-71) Sec. 11-31. Obscene publications prohibited. It shall be unlawful for any person, with knowledge of the contents thereof, to sell, offer for sale, attempt to sell, ex- hibit, give away, keep in his possesion with intent to sell or give away, or in any way furnish or attempt to furnish to any person any illustrated comic book, photographic magazine or other publication which, read as a whole, is of an obscene nature. (Ord. No. 392, § II, 2-9-71) *State law reference—Authority to regulate, not in conflict with statute,V.T.P.C. art. 527. Supp.No.15 846.1 § 10 APPENDIX B—SUBDIVISIONS § 12 will be considered by the city upon the individual merits of each project prior to construction. (Ord. No. 147, § III(B)(3), 6-5-61; Ord. No. 595, § 1, 9-25-79) Sec. 11. Same—Sidewalks. (a) Sidewalks are required along all public streets and shall conform to the following minimum width specifications: (1) Single-family residential—Minimum of three(3)feet in width: (2) Multifamily, commercial and industrial—Minimum of four (4)feet in width. (b) Sidewalks shall be located wholly within the dedicated street right-of-way in a manner commensurate with the sidewalks on adjacent properties. Where no set pattern currently exists on adjacent properties or where no sidewalks have previously been installed, sidewalks shall be located parallel to and not more than one foot outside the property line.Landing walks of a width not less than eighteen (18) inches may be installed abutting the rear of the curb. Construction plans for such walks shall be submitted along with the building permit application and are subject to the approval of the city building inspection depart- ment. Construction of all public sidewalks shall comply with Section 32(10)of this ordinance and shall be accepted by the city prior to the occupancy of the structure. (Ord. No. 147, § III(BX3), 6-5-61; Ord. No. 595, § 2, 9-25-79; Ord. No. 839, § 1, 5-14-85) Sec. 12. Same—Alleys and easements. The city will require in new subdivisions at least ten-foot wide easements in lieu of alleys except in conditions as set out in Section 40. If a subdivider desires to include alleys in a subdivision, they shall be not less than twenty (20) feet in width and constructed of concrete by the subdivider at his own expense, except that R-1 and R-2 zoning districts and property developed in PD and CUD zoning districts for one- and two-family dwelling units may include alleys with a dedicated right-of-way width of not less than fifteen (15) feet and a pavement width of not less than twelve (12) feet, Supp.No.15 1321 § 12 EULESS CODE § 14 if same be approved at time of platting of such subdivision by the Euless City Council. Any construction plans for this type of improvement shall be submitted to the planning commission at the time of submission of the final plat. (Ord. No. 147, § III(B)(4), 6-5-61; Ord. No. 657, § 1, 4-14-81) Sec. 13. Same—Storm sewers. (a) Preliminary plans and layouts prepared by and bearing the seal and signature of a registered professional engi- neer in the state for any drainage structures and improve- ments shall be submitted by the subdivider or developer to the city planning commission for study by the city engineer along with the submission of the preliminary plat of the sub- division. These plans shall show drainage areas contributing to all facilities and design criteria and calculations for all facilities showing preliminary sizing. (b) Where, in the opinion of the city engineer, storm sew- ers are required to adequately accommodate drainage runoff, the subdivider or developer shall be required to install, at his own expense, all such storm sewer lines and drainage struc- tures which require the equivalent of a forty-eight (48) inch diameter pipe or smaller. Such construction shall be per- formed in accordance with the city standards and specifica- tions governing same. The developer shall assume all costs including all engineering costs covering design, layouts and construction supervision. (c) Where, in the opinion of the city engineer, storm sewers or drainage facilities are required which are in excess of a forty-eight-inch diameter pipe, or its equivalent, the subdivider or developer shall construct a concrete lined open channel designed in accordance with criteria outlined in Section 103(c),Article III,Storm Water Design Standards,of this ordinance. (Ord. No. 147, § III(B)(2), 6-5-61; Ord. No. 249, § I(B)(2), 4-27-65; Ord. No. 618, § 1, 3-25-80) Sec. 14. Preliminary plat—Submittal requirements. (a) Five(5)review sets of preliminary plat engineering plans that include a preliminary plat,eleven (11)review copies of the prelimi- Supp.No.15 1322 --� §14 APPENDIX B—SUBDIVISIONS §14 nary plat and a list of proposed street names for any proposed streets should be submitted to the department of planning and development for all proposed subdivisions before noon on Tuesday, twenty-one (21) days prior to the regular meeting of the planning and zoning commission at which approval is requested. Upon re- view of the above mentioned review submittals by the city devel- Supp.No.15 1322.1 32 APPENDIX B—SUBDIVISIONS §32 one point shall be avoided except where it is impracti- cal to secure a proper street system otherwise. Where several streets converge at one point, setback lines, special rounding or cutoff of corners and/or a traffic circle may be required to insure safety and facility of traffic movement. No main thoroughfare or collector street shall intersect any other thoroughfare or collec- tor street at an angle of less than sixty (60) degrees. No minor residential street shall intersect a major thoroughfare or collector street at an angle of less than sixty (60) degrees, or another minor residential street at an angle of less than thirty (30) degrees. (2) Curve requirements: Curvilinear streets will be per- mitted. Major thoroughfares may have a minimum ra- dius at the center line of the street of ninteen hundred twenty (1,920) feet. Collector streets may have a minimum radius at the center line of the street of nine hundred fifty-five (955) feet. Minor residential streets may have a minimum radius of five hundred (500) feet. In special circumstances, the city planning com- mission and the city council may approve of shorter radii on minor residential streets where the circum- stances justify such action. (3) Street grades: Major thoroughfares shall be limited to a maximum grade of five (5) per cent unless the natural topography is such that steeper grades are es- sential. In this case, grades up to seven and one-half (71/2) per cent may be used for a distance not to exceed two hundred (200) feet maximum in any one continuous distance. Collector streets shall be limited to a maximum grade of seven and one-half (7-1/2) per cent. Minor residential streets shall be limited to a maximum grade of ten (10) per cent. The minimum grade of any street shall be not less than one-half (1/2) of one per cent. Grade changes in the center line of streets with an algebraic difference in grades of more than two (2) per cent shall be connected with verti- cal curves. The street grading, grades and vertical Supp.No.15 1333 § 32 EULESS CODE § 32 curves shall be such that the sight distance is not less than six hundred (600) feet on main thoroughfares, and not less than four hundred (400) feet on all other streets. Where cross slopes are desirable or necessary from one curb to an opposite curb, the cross slope shall not be more than twelve (12) inches in thirty (30) feet. (4) Widths: Minimum street widths according to zoning shall be: Paving face to face of curb Dedication R-1 zoning 30' to 50' R-2 and R-3 zoning 36' to 60' R-4 and R-5 zoning 40' to 60' C-1, C-2 and I zoning 48-66' to 80' (5) Construction: Residential streets shall be constructed on a minimum of six (6) inches of stabilized subgrade (lime or cement) as soil test indicates and compacted to ninety-five (95) per cent density. Density tests shall be taken every five hundred (500) feet or less as required by the inspector. Asphalt shall consist of four (4) inches type A and two (2) inches type D surface course, and shall be mixed to Texas Highway specifications standards for types A and D asphalt. Any proposed pavement section of lesser thickness or alternate materials shall be fully documented by the design engineer with a soils report and design calculations to substantiate the fact that such alternate will be adequate. Residential streets shall be designed and constructed with adequate thickness, based on Texas Highway Department Triaxial Design Criteria, to provide for unlimited repetitions of five thousand (5,000) pounds wheel loadings and a minimum of seven thousand (7,000) repetitions of an eighteen-thousand-pound axle loading. Under no circumstances, however, will less than five (5) inches of stabilized subgrade (lime or cement as soil tests indicate) compacted to a minimum of ninety-five (95) Supp.No.15 1334 § 32 APPENDIX B—SUBDIVISIONS § 32 per cent standard proctor density and five (5) inches of hot-mix asphaltic concrete be allowed. (6) Trixial method: All other streets shall be designed by the trixial method as specified in Texas Highway De- partment requirements. (7) Curb and gutter: All curb and gutter shall be a mini- mum of six (6) inches by thirty (30) inches, with two (2) number three (3) bars of steel in gutter and no steel in the curb installed on six (6) inches of stabi- lized subgrade. The subgrade shall extend a minimum of six (6) inches back of the curb. (8) Valley gutters: Concrete valley gutters shall be in- stalled to carry water flow across all intersections and shall be a minimum of six (6) feet wide and six (6) inches thick reinforced with number three (3) bars of steel placed on sixteen (16) inch centers. The valley gutters shall be poured monolithic with the curb re- turns. (9) Parkways and streets: The parkways and streets shall be rough cut to a plus or minus one-tenth (0.1) foot of their respective final grades. (10) Sidewalks:Sidewalks shall be installed along each street front in accordance with Section 11 of this ordinance.All public side- walks shall be contained within the parkway which shall be excavated or filled to a grade parallel with and not more than one-quarter inch slope per foot from the back-of-curb to the property line. Sidewalks shall be constructed to a mini- mum concrete thickness of four (4) inches and shall be reinforced with not less than six inch by six inch(6" x 6") No. 10 wire mesh. Construction joints of approved materi- als shall be required every twenty-five(25)feet and dummy saw joints every five(5)feet.Handicap sidewalk ramps are required at each street intersection and shall be constructed at time of street construction. Supp.No.15 1335 § 32 EULESS CODE § 32 (11) Storm drains: Topographic maps with contour inter- vals of two (2) feet or less and details of existing drainage structures and watercourses shall be sub- mitted along with calculation of all watersheds affect- ing areas for the purpose of storm drain design. Un- derground storm drains design shall be computed by the rational method and based on technical paper num- ber forty (40) of the Weather Bureau of the United States Department of Commerce. They shall be de- signed to accommodate a five-year storm frequency with adequate overland relief for a twenty-five-year storm frequency. Design of bridges, culverts, under- passes and open channels shall be based on a twenty-five-year storm frequency. Storm sewers shall have all joints sealed and embedded in six (6) inches of sand or equivalent materials. Inlets shall have a seven-inch high opening and the length of the opening shall be determined by technical paper number forty (40) of the Weather —� Bureau of the United States Department of Com- merce, and by diagrams for solution of Mannings formula. (12) Obstructions of view or sight: 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 hedge, tree, shrub or other growth or structure of any kind shall be maintained in such location as to obstruct the view. The definition of "obstruction" is any fence, wall, hedge, shrubbery, etc. higher than thirty (30) inches above ground level at the property line to a point not to exceed seven (7) feet at the building line and is hereby declared to be an obstruction. Fence permit fees shall be five dollars($5.00)each. (Ord. No. 147, § IV, Amd. 6, 6-5-61; Ord. No. 595, § 4, 9-25-79; Ord. No. 839, § 2, 5-14-85) Supp.No.15 1336 § 33 APPENDIX B—SUBDMSIONS § 35 Sec. 33. Major thoroughfares and collector streets. The arrangement of streets in the subdivision shall provide for the continuation and extension of major and secondary thoroughfares and collector streets that are shown on the major street plan of the city planning commission. Minor res- idential streets in the subdivision shall provide convenient cir- culation of local traffic within the subdivision and adequate access to all building lots within the subdivision. Off-center street intersections will not be approved except in unusual cases. Parkways and boulevards shall be of such width as may be designated by the planning commission. (Ord. No. 147, § IV(A)(2), 6-5-61) Sec. 34. Street right-of-way and pavement widths. Streets shown on the city master plan as main thorough- fares shall have a dedicated right-of-way width of not less than eighty (80) feet and a pavement width of from forty- eight (48) to sixty-six (66) feet measured from back of curb to back of curb. Streets shown on the city master plan as collector streets shall have a dedicated right-of-way width of not less than sixty (60) feet and a pavement width of not less than thirty-seven (37) feet, measured from back of curb to back of curb. Other streets, not shown on the city master plan as main thoroughfares or collector streets, will be considered as normal minor residential streets. Their right-of-way width is to be not less than fifty (50) feet and the pavement width is to be not less than thirty-one (31) feet, measured from back of curb to back of curb. (Ord. No. 147, § IV(A)(3), 6-5-61; Ord. No. 595, § 5, 9-25-79) Sec. 35. Street connections with adjacent subdivisions. In order that proper relationship of new subdivision streets may be maintained with adjoining streets and land, the sys- tem of streets in a new subdivision, except in unusual cases, must connect with streets already dedicated in adjacent sub- divisions that have been platted. There must, in general, be a reasonable projection of streets into the nearest subdivided Supp.No.15 1336.1 CODE COMPARATIVE TABLE Ordinance Section Number Date Section this Code 5.1-5.5 16-76-16-80 6.1 16-10(a) 6.2 16-10(b) 799 7-24-84 1-5 2-12 804 9-11-84 Rpld 4-132-4-138 1-6 4-132-4-137 Exhibit A 4-138 806 9-11-84 1 App.B,Art.I.§7 808 9-11-84 1 8-71 809 9-11-84 1 8-100 2 8-102 4 8-101 814 10- 9-84 1 12-34 827 2-26-85 6 4-150 828 2-26-85 1,2 11-15 Div./Sec. 831 3-12-85 I A 4-170 B 4-171 II 4-172 III A 4-173 B 4-174 C 4-192 D 4-175 E—G 4-176-4-178 IV A 4-190 B 4-191 C 4-193 D 4-194 V A—D 4-205-4-208 VI 4-179 Section 835 4- 9-85 1 11-14 839 5-14-85 1 App.B, § 11 2 App.B, §32(10) Supp.No.15 1475 (The next page is 14811 CODE INDEX BUILDINGS—Cont'd. Section Building materials,bricks,broken concrete,etc. Disposal of.See: Garbage and Trash Certificates Code amendments 4-2 Changes in use Code amendments _ 4-2 Code(s) Adopted _-_ ____-- -----___-- --- 4-1 Electrical code. See: Electricity Fire prevention. See that title Penalty ____________ 4-1 Plumbing and gas fitting. See that title Demolitions, excavations,etc. Prohibited noises enumerated. See:Noises Electricity. See that title Fences and obstructions 4-132 et seq. Fences,walls,hedges and enclosures.See that title Fire prevention. See that title Flood damage prevention 4-170 et seq. Flood damage prevention.See that title Gas fittings. See: Plumbing and Gas Fittings Inspections Code amendments ------- 4-2 Moving of buildings Care in carrying out operations 4-28 Clearing obstructions on completion 4-27 Continuous operation — 4-25 Designated routes, duty to use 4-24 Nighttime precautions 4-25 Report of position of structure at night 4-26 Permits Bonds ------____________ -- 4-21 Contents — __—._ ___ __---- _ __-.-- 4-22 Denial for dangerous structures 4-23 Fees ___ 4-20 Required. 4-20 Utility companies, arrangement with 4-21 Streets, repair. 4-29 Owner defined re 1-3 Park structures. See: Parks and Recreation Permits Code amendments 4-2 Electricity. See that title Moving buildings. See within this title that subject Signs and billboards. See that title Swimming pools. See that title Supp.No.15 1502.1 EULESS CODE BUILDINGS—Cont'd. Section Plans and specifications Code amendments 4-2 Plumbing and gas fitting. See that title Prohibited noises enumerated. See: Noises Satellite television reception dishes 4-150 Signs and billboards. See also that title Code amendments re inspections,etc. 4-2 Structures in parks. See: Parks and Recreation Street regulations applicable to. See: Streets and Side- walks Swimming pools. See that title Uniform building code. See hereinabove: Code(s) Use or occupancy 4-2 Wiring Minimum acceptable grade 4-75 BUMS,TRAMPS, WANDERERS,ETC. Vagrancy provisions applicable to. See: Vagrancy BURNING Garbage and trash. See that title BUSINESSES Licenses and permits. See that title ^* C CABLE TELEVISION Access programming facilities 41/2-62 Agreements with subscribers City approval required 41/2-45 Annexations Inclusion of annexed territory in franchise area 41/2-57 Bond requirements 41/2-28 Business office Maintaining; operational standards 41/2-33 CATV advisory board Authority to establish;membership;terms;duties 41/2-32 Complaints by subscribers Office for receiving; response;hearings 41/2-33 Compliance FCC standards and local,state and federal laws 41/2-41 Other laws and regulations 41/2-6 Technical codes, compliance with 41/2-42 Confidentiality of subscriber data 41/2-58 Acquisition of data without authorization prohibited 412-59 Definitions 41/2-2 Emergency override 41-65 FCC standards,compliance with 41/2-41 Foreclosure;receivership 41/2-70 ^\ Supp.No.15 1502.2 CODE INDEX \----..... CABLE TELEVISION—Cont'd. Section Franchise Application Authority to prescribe form of 41/2-21 Area of Annexations 41/2-57 Map indicating 41/2-54 Review of 41/2-55 Service outside of 41/2-56 Authorized 41/2-3 Cancellation and termination 41/2-24 Duration of 41/2-4,41/2-22 Exclusivity 41/2-22 Fees 41/2-30 Renegotiation 41/2-23 Renewal 41/2-22 Required 41/2-22 Revocation Purchase of system by city upon revocation 41/2-25 Transferability or assignment 41/2-26 Rights subject to police powers 41/2-5 Hub system, use of required 41/2-63 Interconnections 41/2-64 Inspections City's right to inspect business records,etc 41/2-33 Insurance and indemnification 41/2-29 �— Local,state and federal laws Compliance with 41/2-41 Office Maintaining for receipt of complaints and requests for repairs,etc. 41/2-33 Operation regulations. See within this title specific subjects Public property Conditions for use of 41/2-61 Purchase of system upon revocation of franchise 41/2-25 Transferability or assignment 41/2-26 Supp.No.15 1503 CODE INDEX FIRE PREVENTION--Cont'd. Section Modifications 6-2 Penalty 8-4 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,Fammables,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,15 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 DAMAGE PREVENTION Abrogation and greater restrictions 4-176 Administrator Designated 4-190 Duties and responsibilities 4-191 Applicability 4-173 Compliance 4-175 Conflicting provisions 4-176 Definitions 4-172 Flood hazard reduction General standards 4-205 Shallow flooding areas,standards for 4-207 Specific standards 4-206 Subdivision proposal standards 4-208 Flood losses,methods of reducing 4-171 Interpretation 4-177 Lands to which provisions apply 4-173 Liability,warning and disclaimer of 4-178 Methods of reducing flood losses 4-171 Permits Application 4-193 Approval,denial 4-193 Development permit required 4-192 Purpose of provisions 4-170 Special flood hazard areas Basis for establishing 4-174 Variance procedures 4-194 Violations, penalties 4-179 Warning and disclaimer of liability 4-178 FLOOD LANDS Subdividing.See:Subdivisions FLUES Air pollution control.See that title Supp.No.15 1514 �� CODE INDEX FOLLOWING. See: Preceding,Following Section 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 Retail food stores Penalty for violation 8-102 Permit fee 8-101 Sanitation code adopted by reference 8-100 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 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 Supp.No.15 1514.1 EULESS CODE 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.15 1514.2 CODE INDEX IMPOUNDMENT Section Vehicles. See:Traffic INDEBTEDNESS OF CITY 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 Minors,displaying to Presumption from displaying 11-34 Prohibited _ 11-31 Scope of provisions r 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 INJURY Liability of city for claims of property damage or personal injury 2-12 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 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.15 1519 EULESS CODE JUKEBOXES Section Coin-operated machines and devices. See that title JUNK Abandoned, derelict, lost personal property. See that title JUNKED 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 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 LIABILITY Liability of city for claims of property damage or personal injury 2-12 LIBRARIES Board Created, membership __ 12-31 Functions _____ 12-32 Organization ___ 12-32 Department,director 12-30 Fees,expense charges and fines for use of facilities and materials 12-34 Willful damage or injury to library materials._______ 12-33 LICENSES AND PERMITS Alcoholic beverages. See that title Annual levy on state taxed occupations Future occupations — _ 10-2 Present occupations 10-1 Barricades. See:Streets and Sidewalks Building permits.See:Buildings Supp.No.15 _ 1520 COtIE INDEX �-- LICENSES AND PERMITS—Cont'd. Section Caneping in parks.dee:Parks and Recreation Canvassers. Sex: Peddlers, Canvassers and Solicitors Coin-operated machines and devices.See that title Consecutive Saturday and Sunday sales 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 Fence permits 4.135 Fences,walls,hedges and enclosures.See also that title Fire extinguisher sales and service.See: Fire Prevention Flood damage prevention.See that title Food peddlers health certificates. See: Peddlers, Canvas- sers 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.15 1520.1 CODE INDEX MAYOR Section Disaster services council,duties re 43/4-3 Water and sewers.See also that title Mayor's emergency power 16-4 MEAT PACKERS Wholesale accumulations of refuse. See: Garbage and Trash MEETINGS Unlawful assemblies. See:Assemblies MERCHANDISE SALES Parks,in. See: Parks and Recreation Placing materials on streets. See: Streets and Side- walks MERCHANTS Peddlers,canvassers and solicitors. See that title MIND READERS Vagrancy provisions applicable to. See: Vagrancy MINORS (juveniles,children,etc.) Pawnbrokers transacting business with. See: Pawn- brokers Poolroom restrictions. See: Poolrooms and Billiard Parlors Sexually explicit material, display of. See: Indecency and Obscenity Vagrancy provisions applicable to.See:Vagrancy MOBILE HOMES Flood damage prevention provisions 4-206 Flood damage prevention.See also that title MOBS Unlawful assemblies.See: Assemblies MONTH Defined 1-3 Supp.No.15 1522.1 CODE INDEX RIFLES,REVOLVERS,ETC. Section Discharge of firearms.See: Firearms and Weapons RIGHT-OF-WAY Street defined re -- 1-3 Streets in general.See: Streets and Sidewalks Subdivision utility easements,etc. See: Subdivisions RIOTS Unlawful assemblies. See:Assemblies RODENT CONTROL Pest control operators.See that title RULES OF CONSTRUCTION General definitions for interpreting code 1-3 SAFETY ZONES Traffic regulations. See:Traffic SANITATION.See: Health and Sanitation SATELLITE TELEVISION RECEPTION DISHES Permit required;fees 4-150 SATURDAY Sale restrictions.See:Licenses and Permits SAUNA BATHS Massage parlors and massage establishments.See that title SCHOOLS Alcoholic beverage establishments Proximity of to schools,churches,etc.See:Alcoholic Beverages Poolroom proximity.See:Poolrooms and Billiard Parlors Prohibited noises enumerated.See:Noises Subdivision sites.See:Subdivisions SCREENING Fences and obstructions 4-132 et seq. Fences,walls,hedges and enclosures.See that title SECONDHAND DEALERS Pawnbrokers.See that title SECURITY SERVICES Private detectives and private patrol security services. See that title SEERS Vagrancy provisions applicable to.See:Vagrancy Supp.No.15 1533 EULESS CODE SERVICE STATIONS Section Driving through. See: Traffic Transportation, handling of volatiles, etc. See: Fire Prevention SEVERABILITY OF PARTS OF CODE Effect,other matters regarding code construction. See: Code of Ordinances SEWERS. See: Waters and Sewers SEX LITERATURE Obscene publications.See:Indecency and Obscenity SHEEP Running at large. See:Animals and Fowl SHOT GUNS Discharge of firearms. See: Firearms and Weapons SHOUTING,HOOTING AND YELLING Prohibited noises enumerated.See: Noises SIDEWALK SALES.See:Occasional and Garage Sales SIDEWALKS.See: Streets and Sidewalks SIGNATURE OR SUBSCRIPTION Definitions — 1-3 SIGNS AND BILLBOARDS Appeals 4-49 Billboards Proximity to structures and thoroughfares -_ 4-62 Building code and amendments. See:Buildings Definitions ________-- 4-40 Electrical signs Conformance with electrical code 4-57 Safety factors —_--__-- 4-58 Exceptions to provisions 4-47 Fastening or anchoring --_______— 4-54 Improper fasteners __—__, 4-55 Fire hydrants,traffic lights,fire alarm box Locations prohibited 4-51 Hazardous locations _ — 4-51 Improper fasteners —_______________ — 4-55 Locations prohibited 4-59 Nonconforming signs — —___— 4-48 Obstructions Signs as --- — ----- 4-60 Official traffic signs,devices. See: Traffic Supp.No.15 1534 CODE INDEX SIGNS AND BILLBOARDS—Cont'd. Section Penalties _________________—__ _e_ 4-50 Permission to erect on private property — 4-60 Permits Applications —___—____ __ 4-42 Building permits in general. See:Buildings Denial, suspension, revocation, etc. 4-49 Exceptions —____ ___________ 4-47 Fees — — 4-44 Identification of signs — —_____ 4-43 Investigations 4-43 Issuance 4-43 Period 4-43 Supp.No.15 1534.1 CODE INDEX TAXATION—Cont'd. Section Bingo tax Comptroller of public accounts authorized to be agent of city 5-33 Imposed 5-31 Penalty for violation 5-34 State law adopted by reference 5-32 Hotel (motel and other transient lodging) occupancy tax Collection 5-23 Definitions 5-21. Enforcement 5-25 Levy; rate;exemptions 5-22 Reports 5-24 Violation; penalty 5-26 Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code State law adopted;additional penalty on delinquent taxes 5-01 TAXICABS. See: Vehicles for Hire (taxicabs,etc.) TELEVISION Cable television. See that title Satellite television reception dishes 4-150 TENANT IN COMMON,PARTNERSHIP,ETC. Owner defined re 1-3 TENSE Word usage for interpreting code 1-3 TEXAS.STATE OF. See: State THEFT Water and sewers.See also that title Theft of city services 16-3 THOROUGHFARES Proximity to signs.See: Signs and Billboards TIME Computation of time for interpreting code . 1-3 Official time standard designated 1-3 Official time standards for traffic purposes. See: Traffic TOW TRUCKS. See: Vehicles for Hire (wreckers and tow trucks) Supp.No.15 1540.1