HomeMy WebLinkAboutSupplement No. 19 - 1974 Code of Ordinances SUPPLEMENT NO.19
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. 934,enacted August 11, 1987.
See Code Comparative Table,page 1477.
Remove old pages Insert new pages
xiii—xvi xiii—xvi
151-153 153, 154
169, 170 169-172.3
263, 264 263, 264
308.3-308.20 308.3-308.23
351, 352 351, 352
356.1-358 357-359
445,446 445-446.1
451,452 451,452
531-534.1 531-534.2
589, 590 589, 590
617, 618 617-621
1461-1468 1461-1468
1477
Index pages Index pages
1503-1504.3 1503-1504.1
1507-1510 1506.1-1509
1513-1514.2 1513-1514.2
1518.1-1520.1 1519-1520.1
1524.1-1526 1525-1526.1
1532.1 1532.1
1535-1536.1 1535-1536.1
1541, 1542 1540.1-1541
1557-1560 1557-1560
INSTRUCTION SHEET—Cont'd.
Insert this instruction sheet in front of volume. File removed
pages for reference.
MUNICIPAL CODE CORPORATION
Tallahassee,Florida
October,1987
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
Art. IV. Tree Board 166
Art. V. Officer and Employee Liability Plan 170
Supp.No.19 xiii
EULESS CODE
Chapter Page
21. Alarm Systems 173
21. Alcoholic Beverages. 183
3. Animals and Rabies Control 207
4. Buildings and Structures 263
Art. I. In General 263
Art. II. Moving Buildings 264
Art. III. Signs and Billboards 280
Art. IV. Electrical Regulations 289
Div. 1. Generally 289
Div. 2. Inspectors 292
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 308.12
Div. 3. Provisions for Flood Hazard Re-
duction 308.19
4'/2. Cable Television 309
Art. I. In General 309
Art. II. Administration 316
Art. III. Operation Regulations 329
43/4. 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
Art. V. Telecommunications Services Tax 358
6. Fire Protection and Prevention 435
Art. I. In General 435
Art. II. Fire Department 454
Art. III. Fire Marshal 456
Supp.No.19 x i v
TABLE OF CONTENTS—Cont'd.
Chapter Page
Art. IV. Transportation, Handling and Storage
of Volatiles 462
7. Garbage, Trash, Weeds and Abandoned Property 525
Art. I. In General 525
Art. II. Grass and Weeds 531
Art. III. Littering 534
Art. IV. Abandoned, Derelict and Lost Personal
Property 534.2
Div. 1. Generally 534.2
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 500
Art. IV. Eating and Drinking Establishments 605
Art. V. Food and Food Service Establishments 610
Art. VI. Retail Food Stores 618
Art. VII. Regulation of Smoking 619
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 846.1
Supp.No.19 XV
EULESS CODE
Chapter Page
12. Parks,Recreational and Cultural Facilities 899
Art. I. In General 899
Art. II. Library 904
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 1038
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.19 xvi
Chapter 2
ADMINISTRATION
Art. I. In General,§§2-1-2-50
Art. II. Civil Service System,§§2-51-2-70
Art. III. Advisory Board for Social Concerns,§§2-71-2-85
Art. IV. Tree Board,§§2-86-2-109
Art. V. Officer and Employee Liability Plan,§§2-110-2-119
ARTICLE I. IN GENERAL
Sec. 2-1. Planning and zoning commission—Created,mem-
bership.
There is created and established for the city a planning and
zoning commission, which shall be composed of seven (7) mem-
bers.The members shall be resident citizens,taxpayers and qual-
ified voters of the city, all of whom shall be appointed by the
governing body, to serve for terms of two(2)years. All vacancies
shall be filled for the unexpired term in the same manner as
provided for the original appointments. Members of the commis-
sion may be removed by the mayor, with the consent of the
governing body, after public hearing and for cause assigned in
writing. The members of the commission shall serve without
compensation. (Ord. No. 32, § 1, 3-19-55)
Charter reference—See Art.X,§ 1.
Sec. 2-2. Same—Organization.
The planning and zoning commission shall elect a chairman,
vice-chairman and a secretary from its membership and shall
have power to employ such qualified persons as may be necessary
for the proper conduct and undertakings of the commission and
to pay for their services and such other necessary expenses; pro-
vided, the cost of such services and expenses shall not exceed the
amount appropriated by the governing body for the use of the
commission. It shall also have the power to make rules, regula-
tions and bylaws for its own government, which shall conform as
nearly as possible with those governing the city council, and
same shall be subject to approval by such council. Such bylaws
shall include, among other items, provisions for:
Supp.No.19 153
§2-2 EULESS CODE §2-4 ^�
(1) Regular and special meetings, open to the public;
(2) Records of its proceedings, to be open for inspection by the
public;
(3) Reporting to the governing body and the public,from time
to time and annually;
(4) For the holding of public hearings on its recommendations.
(Ord. No. 32, § 2, 3-19-55)
Sec. 2-3. Same—Powers and duties.
The planning and zoning commission shall have the power and
it shall be its duty to make and recommend for adoption a master
plan, as a whole or in parts, for the future development and
redevelopment of the municipality and its environs and shall
have power and it shall be its duty to prepare a comprehensive
plan for zoning the city in accordance with article 1011a through
1011j, Vernon's Texas Civil Statues. The commission shall per-
form such other duties as may be prescribed by ordinances of the
city and laws of the state. (Ord. No. 32, § 3, 3-19-55)
Charter reference—See Art.X, §2.
Sec. 24. Mutual law enforcement assistance—Assignment
of police of this city authorized.
Pursuant to the provisions of article 99b, Vernon's Texas Civil
Statutes, the chief of police is authorized to assign the regularly
employed law enforcement personnel of his department to assist
any other county or municipality in this state, when a state of
civil emergency in such county or municipality has been declared
by proper authority, upon request by such proper authority, and
when, in the opinion of such proper authority, a need exists in
such other county or municipality for the services of additional
law enforcement officers to protect the health, life and property
of such other county or municipality, its inhabitants, and the
visitors thereto, by reason of riot, unlawful assembly character-
ized by the use of
Supp.No.19 154
§2-94 ADMINISTRATION §2-98
ing curbs or curblines. No street tree shall be placed closer than
ten(10)feet of any fireplug. (Ord. No. 876, § 9, 2-25-86)
Sec. 2-95. Utilities.
No street trees other than those species listed as small trees in
Section 2-91 may be planted under or within ten(10)lateral feet
of any overhead utility wire, or over or within five(5)lateral feet
of any underground water line, sewer line, transmission line or
other utility. (Ord. No. 876, § 10, 2-25-86)
Sec. 2-96. Public tree care.
The city shall have the right to plant,trim,spray,preserve and
remove trees, plants and shrubs within the lines of all streets,
alleys, avenues, lanes, squares and public grounds, as may be
necessary to ensure safety when servicing city utilities or to
preserve the symmetry and beauty of such public grounds. The
Euless Tree Board may remove or cause or order to be removed,
any tree or part thereof which is located on public property or
municipal utility easement which, by reason of its nature, is
injurious to sewers, electric power lines, gas lines, water lines or
other public improvements, or is affected with any injurious fun-
gus, insect or other pest. (Ord. No. 876, § 11, 2-25-86)
Sec. 2-97. Trimming and corner clearance.
Every owner of any tree overhanging any street or right-of-way
within the city shall trim the branches so that such branches
shall not obstruct the light from any street lamp or obstruct the
view of any street intersection and so that there shall be a clear
space of eight (8) feet above the surface of the street or right of
way. The city shall have the right to trim any tree or shrub on
private property when it interferes with visibility of any traffic
control device or sign. Such trimming is to be confined to the area
immediately above the right-of-way. (Ord. No. 876, § 12, 2-25-86)
Sec. 2-98. Interference with Euless Tree Board.
It shall be unlawful for any person to prevent, delay or inter-
fere with the Euless Tree Board or its authorized agents while
engaging in and about the planting,cultivating,mulching,prun-
Supp.No.19 169
§2-98 EULESS CODE §2-110
ing, spraying or removing of any street trees and park trees as
authorized in this article. (Ord. No. 876, § 13, 2-25-86)
Sec. 2-99. Review by city council.
The city council shall have the right to review the conduct,acts
and decisions of the Euless Tree Board. Any person may appeal
from any ruling or order of the Euless Tree Board to the city
council who may hear the matter and make final•decision. (Ord.
No. 876, § 14, 2-25-86)
Secs. 2-100-2-109. Reserved.
ARTICLE V.OFFICER AND EMPLOYEE
LIABILITY PLAN*
Sec. 2-110. Definitions.
The following words shall have the following meanings:
City means the City of Euless, Texas.
City attorney means the duly appointed city attorney of the
City of Euless, Texas.
City vehicle means a vehicle or mobile equipment either leased
or owned by the city.
Loss means an amount which a plan member is legally obli-
gated to pay resulting from an act or omission of the plan member
which is covered under this plan.
Plan means the City of Euless Officer and Employee Liability
Plan as established by this article.
Plan member means a person who is:
(1) An employee or officer of the city;
(2) A member of a city board, commission or committee cre-
ated by Charter, ordinance or resolution of the city and a
*Editor's note—Being not specifically amendatory of the Code,the provisions
of§§ 1-10 of Ord. No. 928, adopted March 24, 1987, have been codified, at the
editor's discretion,as a new Art.V, §§2-110-2-119,of Ch.2.
Supp.No.19 170
§2-110 ADMINISTRATION §2-113
member of the board of directors of any nonprofit corpora-
tion created under the authority of the city council as an
instrumentality of the city;
(3) A member of the city council; and
(4) A volunteer who has been approved as a volunteer by a
departmental volunteer coordinator and who is working
under the direction of an employee of the city.
(Ord. No. 928, § I(1), 3-24-87)
Sec. 2-111. Coverage.
(a) The city shall indemnify and defend a plan member, in
accordance with the terms of this plan, against a loss arising out
of any claim, suit or judgment resulting from an act or omission
of the plan member during the discharge of is duties and within
the scope of his office, employment or assigned volunteer work
with the city.
(b) A plan member whose position with the city terminates is
entitled to coverage in accordance with this plan for any event
that occurred while the person was a plan member.(Ord.No.928,
§ I(2), 3-24-87)
Sec. 2-112. Defense.
(a) The city will defend any suit against a plan member who is
covered under this plan even is the suit is groundless or fraudulent.
(b) The city may investigate,negotiate and settle any claim or
suit as it determines necessary. (Ord. No. 928, § I(3), 3-24-87)
Sec. 2-113. Limits of coverage.
(a) The city will pay losses covered by this plan that a plan
member is legally obligated to pay, except that in cases arising
from incidents or occurrences where the city's liability exists by
virtue of the Texas Tort Claims Act (Article 6252-19, Vernon's
Texas Civil Statutes), whether or not the city is a party defen-
dant, the city will pay those losses covered by this plan that a
plan member is legally obligated to pay up to,but not exceeding,
the limits of liability provided by that Act, as amended,for units
of local government.
Supp.No.19 171
§2-113 EULESS CODE §2-113
(b) In addition to the coverage provided in subsection(a)of the
city will pay:
(1) The city's expenses in investigating and defending the
claim or lawsuit;
(2) Costs taxed against a plan member in a suit covered by
this plan and interest that accrues after entry of judgment
before the city has deposited payment with the court on
that part of the judgment which does not exceed the limits
of coverage;
(3) Reasonable expenses of the plan member incurred at the
city's request; and
(4) Attorney's fees ordered by the court to be paid by the plan
member, if any.
(c) To be entitled to coverage under the plan a plan member
must:
(1) Notify the city attorney in writing as soon as practicable
upon receipt of written notice of a claim or lawsuit,but no
later than five (5) working days after receipt unless the
city attorney determines that a later notice did not preju-
dice or harm the city's defense or other handling of such
claim;
(2) Cooperate with the city attorney or his designate and,
upon the request of the city attorney or his designate,
assist in making settlements, in the conduct of suits, and
in enforcing any right of contribution or indemnity against
a person or organization who may be liable to the city
because of injury or damage covered under the plan;
(3) Attend hearings and trials and assist in securing and giv-
ing evidence and obtaining the attendance of witnesses;
(4) Not, except upon advice of the city attorney or his desig-
nate or when questions by a police officer at the scene of an
accident, give any oral or written statement or enter into
any stipulation or agreement concerning a claim or law-
suit; and
(5) Not, except at his own cost, voluntarily make any pay-
ment, assume any obligation, or incur an expense with
Supp.No.19 172
§2-113 ADMINISTRATION §2-115
respect to a claim or lawsuit without the consent of the city
attorney or his designate.
(Ord. No. 928, § I(4), 3-24-87)
Sec. 2-114. Plan period.
This plan covers only acts or omissions occurring or alleged to
have occurred:
(1) While the plan is in effect;
(2) Before the plan was in effect (above any insurance cover-
age in effect) and which are not barred by any statute of
limitations; and
(3) If the plan is cancelled, while the plan is in effect and
which are not barred by any statute of limitations.
(Ord. No. 928, § I(5), 3-24-87)
Sec. 2-115. Exclusions.
Coverage under this plan does not apply to a claim or lawsuit
that is brought against a plan member:
(1) By the city;
(2) Arising out of the intentional or knowing violation of a
penal statute or ordinance committed by or with the knowl-
edge or consent of the plan member, or any claim arising
out of acts of fraud committed by or at the direction of the
plan member with intent to deceive or defraud;
(3) Arising either while the plan member is operating a city
vehicle with no authority to operate the vehicle, or while
the plan member is operating a city vehicle in the course of
personal or private business;
(4) For liability assumed by the plan member under a con-
tract, unless the contract is entered into at the request of
the city;
(5) If the plan member joins or attempts to join with the suit
against the plan member a claim against the city for bene-
fits under this plan;
Supp.No.19 172.1
§2-115 EULESS CODE §2-118 �•••\
(6) If the plan member fails to comply with Section 2-113 of
this plan; or
(7) For punitive damages, where such damages are not recov-
erable in law or against the city;
(8) For damages expressly excluded under Sections 102.001(c)
and (d), Texas Civil prat., & Rem. Code, Vernon's Texas
Code Annotated(1985), as the same may be amended.
(Ord. No. 928, § I(6), 3-24-87)
Sec. 2-116. Subrogation.
If the payment or legal representation is provided under this
plan, the city is subrogated to the plan member's rights of recov-
ery against any person or organization to the extent of the city's
liability and payments, and the plan member must execute and
deliver to the claims board whatever documents are necessary to
secure those rights in the sole opinion of the city attorney. The
plan member must not do anything after a loss to prejudice those
rights. (Ord. No. 928, § I(7), 3-24-87)
Sec. 2-117. Legal representation.
(a) The city will provide legal representation for a plan mem-
ber upon a claim or suit in which the plan member is covered
under this plan.
(b) If the city attorney determines that there exists a conflict of
interest for the city attorney to represent a plan member,and the
plan member is otherwise entitled to coverage under this plan,
the city will pay the reasonable fee of a private attorney to
represent the plan member. The private attorney will be selected
by the city attorney. (Ord. No. 928, § I(8), 3-24-87)
Sec. 2-118. Determination of coverage.
If the city denies coverage to a plan member, the plan member
may seek a determination of coverage by a court of proper juris-
diction. If the court rules in favor of the plan member, the city
shall provide the plan member all benefits under the plan and
shall reimburse the plan member for reasonable attorney's fees
expenses and costs incurred in obtaining the determination of
coverage. (Ord. No. 928, § I(9), 3-24-87)
Supp.No.19 172.2
§2-119 ADMINISTRATION §2-119
Sec. 2-119. No creation of cause of action.
Nothing contained in this plan shall be construed as creating a
right or cause of action against a plan member nor giving a right
to a third party to institute or maintain a suit which would not
otherwise exist under law as a legal claim against a plan mem-
ber. (Ord. No. 928, § I(10), 3-24-87)
Supp.No.19
172.3
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,§§4-170-4-214
Div. 1. General Provisions, §§4-170-4-189
Div. 2. Administration, §§4-190-4-209
Div. 3. Provisions for Flood Hazard Reduction,§§4-210-4-214
ARTICLE I. IN GENERAL
Sec. 4-1. Codes,amendments thereto,adopted by reference.
The 1985 edition of the Uniform Building Code and appendi-
ces, with amendments, dwelling construction under the Uniform
Building Code, Uniform Code for the Abatement of Dangerous
Buildings, Uniform Housing Code, Uniform Mechanical Code
and appendices, as adopted by the International Conference of
Building Officials, with revisions, are hereby adopted. The Build-
ing Code of the City of Euless, Texas, is hereby revised and
amended to conform to the 1985 edition of the Uniform Building
Code, dwelling construction under the Uniform Building Code,
Uniform Code for the Abatement of Dangerous Buildings, Uni-
form Housing Code and Uniform Mechanical Code, marked "Ex-
hibit B," are incorporated herein by reference and have been
filed in the office of the city secretary for permanent record and
inspection. (Ord. No. 504, 3-23-76; Ord.No. 614, § 1, 3-25-80; Ord.
No. 715, § 1, 9-28-82; Ord. No. 889, § 1, 8-26-86)
*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.19 263
§4-2 EULESS CODE §4-21 i••••••\
Editor's note—Section 2 of Ord.No.889,adopted Aug.26,1986,declared Ord.
Nos. 504,614 and 715, and all ordinances amendatory thereto, expressly super-
seded by the terms of Ord.No.889.Accordingly,former§4-1,which derived from
the above ordinances,has been deleted and the provisions of§ 1 of Ord.No.889
have been included as a new§4-1.
Prior to the enactment of Ord.No.889,earlier provisions included as§§4-1 and
4-2 were deleted as being superseded by the provisions of Ord. No. 504. Said
provisions pertained to similar subject matter and were derived from Ord. No.
403, § 1,adopted July 27,1971;and Ord.No.489, § 1,adopted June 24, 1975.
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 structure 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)
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),executed by a surety
company authorized to do business in the state,to be approved by
the city secretary and city attorney,
Supp.No.19
264
14-138 BUILDINGS AND STRUCTURES §4-138
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Supp.No.19 308.3
§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 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) Protect human life and health;
(2) 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. 927, adopted March 24, 1987, repealed Ord.
No. 831, enacted March 12, 1985, from which Art. VIII, Flood Damage Preven-
tion,of Ch.4,was derived. Said Ord.No. 927 also enacted provisions relative to
the subject matter and which have been designated as a new Art.VIII of Ch.4.
Cross references—Civil preparedness, Ch. 43/4; health and sanitation,Ch. 8;
subdivision regulations,App.B.
Supp.No.19 308.4 ��
§4-170 BUILDINGS AND STRUCTURES §4-171
(3) Minimize the need for rescue and relief efforts associated
with flooding and generally undertaken at the expense of
the general public;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities such as
water and gas mains, electric, telephone and sewer lines,
streets and bridges located in floodplains;
(6) 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) Ensure that potential buyers are notified that property is
in a flood area.
(Ord. No. 927, Div. I, § A, 3-24-87)
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;
(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. 927, Div. I, § B, 3-24-87)
Supp.No.19
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 floodplain adminis-
trator's interpretation of any Provision of this article or a request
for a variance.
Appeal board means the planning and zoning commission of
the City of Euless,Texas.
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 chance or greater annual 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 unpredict-
able and where velocity flow may be evident. Such flooding is
characterized by ponding or sheet flow.
Appeal means a request of the land floodplain administrator's
interpretation of any provisions of this article or a request for a
variance.
Appeal board means the planning and zoning commission of
the City of Euless,Texas.
Area of shallow flooding means a designated AO, AH, or VO
zone on a community's flood insurance rate map(FIRM)a one per
cent chance of greater annual 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 character-
ized by ponding or sheet flow.
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 chance or greater annual 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 unpredict-
able and where velocity flow may be evident. Such flooding is
characterized by ponding or sheet flow.
Supp.No.19 308.E
§4-172 BUILDINGS AND STRUCTURES §4-172
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 flood hazard boundary map(FHBM). After detailed ratemaking
has been completed in preparation for publication of the FIRM,
Zone A usually is refined into zones A, AE, AH, AO, A1-99, VO,
V1-30,VE or V.
Base flood means the flood having a one per cent chance of
being equalled or exceeded in any given year.
Critical feature means an integral and readily identifiable part
of a flood protection system, without which the flood protection
provided by the entire system would be compromised.
Development means any man-made change in improved and
unimproved real estate, including, but not limited to, buildings
or other structures, mining, dredging, filing, grading, paving,
excavation or drilling operations.
Elevated building means a nonbasement building built, in the
case of a building in zones A1-30, AE, A, A99, AO, AH, B, C, X,
and D, to have the top of the elevated floor, or in the case of a
building in zones V1-30, VE, or V, to have the bottom of the
lowest horizontal structure member of elevated floor elevated
above the ground level by means of pilings, columns (posts and
piers), or shear walls parallel to the floor [flow] of the water and
adequately anchored so as not to impair the structural integrity
of the building during a flood of up to the magnitude of the base
flood. In the case of zones A1-30,AE,A,A99,AO,AH,B,C,X,D,
"elevated building"also includes a building elevated by means of
fill or solid foundation perimeter walls with openings sufficient
to facilitate the unimpeded movement of floodwaters. In the case
of zones V1-30, VE, or V, "elevated building" also includes a
building otherwise meeting the definition of"elevated building,"
even though the lower area is enclosed by means of breakaway
walls if the breakaway walls meet the standards of Section 60.3(e)(5)
of the National Flood Insurance Program regulations.
Existing construction means, for the purposes of determining
rates, structures for which the "start of construction" commenced
before the effective date of the FIRM or before January 1, 1975,
for FIRMs effective before that date. "Existing construction"
may also be referred to as "existing structures."
Supp.No.19 308.7
§4-172 EULESS CODE §4-172
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 or tidal waters.
(2) The unusual and rapid accumulation or runoff of surface
waters from any source.
Flood insurance rate map (FIRM) means an official map of
community on which the Federal Emergency Management Agency
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 Emergency Management Agency. The report contains
flood profiles,water surface elevation of the base flood,as well as
the flood boundary-floodway map.
Flood protection system means those physical structural works
for which funds have been authorized, appropriated and expended
and which have been constructed specifically to modify flooding
in order to reduce the extent of the areas within a community
subject to a"special flood hazard" and the extent of the depths of
associated flooding. Such a system typically includes hurricane
tidal barriers,dams,reservoirs,levees or dikes.These specialized
flood-modifying works are those constructed in conformance with
sound engineering standards.
Floodplain or flood-prone area means any land area susceptible
to being inundated by water from any source(see the definition of
"flooding").
Floodway (regulatory 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 cumula-
tively increasing the water surface elevation more than a desig-
nated height.
Functionally dependent use means a use which cannot perform
its intended purpose unless it is located or carried out in close
proximity to water. The term includes only docking facilities,
port facilities that are necessary for the loading and unloading of
cargo or passengers, and ship building and ship repair facilities,
but does not include long-term storage or related manufacturing
facilities.
Supp.No.19
308.8
§4-172 BUILDINGS AND STRUCTURES §4-172
Highest adjacent grade means the highest natural elevation of
the ground surface prior to construction next to the proposed
walls of a structure.
Levee means a man-made structure, usually an earthen em-
bankment, designed and constructed in accordance with sound
engineering practices to contain, control or divert the flow of
water so as to provide protection from temporary flooding.
Levee system means a flood protection system which consists
of a levee, or levees, and associated structures, such as closure
and drainage devices, which are constructed and operated in
accordance with sound engineering practices.
Lowest floor means the lowest floor of the lowest enclosed area
(including basement). An unfinished or flood-resistant enclosure,
usable solely for parking of vehicles,building access or storage in
an area other than a basement area, is not considered a build-
ing's lowest floor; provided, that such enclosure is not built so as
to render the structure in violation of the applicable nonelevation
design requirement of Section 60.3 of the National Flood Insur-
ance Program regulations.
Manufactured home means a structure transportable in one or
more sections, which is built on a permanent chassis and is
designed for use with or without a permanent foundation when
connected to the required utilities. For floodplain management
purposes, the term "manufactured home" also includes park trail-
ers, travel trailers and other similar vehicles placed on a site for
greater than one hundred eighty (180) consecutive days. For in-
surance purposes, the term "manufactured home" does not in-
clude park trailers,travel trailers and other similar vehicles.
Mean sea level means, for purposes of the National Flood In-
surance Program, the National Geodetic Datum(NGVD)of 1929
or other datum, to which base flood elevations shown on a com-
munity's flood insurance rate map are referenced.
New construction means,for floodplain management purposes,
structures for which the "start of construction"commenced on or
after the effective date of a floodplain management regulation
adopted by a community.
Supp.No.19 308.9
§4-172 EULESS CODE §4-172 ��
Start of construction (for other than new construction or sub-
stantial improvements under the Coastal Barrier Resources Act
(Pub. L. 97-348)), includes substantial improvement and means
that date the building permit was issued, provided the actual
start of construction, repair, reconstruction, placement or other
improvement was within one hundred eighty (180) days of the
permit date. The actual start means either the first placement of
permanent construction of a structure on a site, such as the
pouring of slab or footings,the installation of piles, the construc-
tion of columns, or any work beyond the stage of excavation; or
the placement of a manufactured home on a foundation. Perma-
nent construction does not include land preparation, such as
clearing, grading and filling; nor does it include the installation
of streets and/or walkways; nor does it include excavation for
basements, footings, piers or foundations or the erection of tem-
porary forms; nor does it include the installation on the property
of accessory buildings, such as garages or sheds, not occupied as
dwelling units or not part of the main structure.
Structure means a walled and roofed building, including a gas
or liquid storage tank, that is principally above ground, as well
as a manufactured 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
before the improvement or repair is started or, if the structure
has been damaged and is being restored, before the damage oc-
curred. For the purpose 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 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 any alter-
ation of a structure listed in the National Register of Historic
Places or a state inventory of historic places.
Variance is a grant of relief to a person from the requirements
of this article when specific enforcement would result in unneces-
sary hardship. A variance, therefore, permits construction or
Supp.No.19 308.10
§4-172 BUILDINGS AND STRUCTURES §4-176
development in a manner otherwise prohibited by this article.
(For full requirements, see Section 60.6 of the National Flood
Insurance Program regulations.)
Violation means the failure of a structure or other development
to be fully compliant with the community's floodplain manage-
ment regulations. A structure or other development without the
elevation certificate, other certifications, or other evidence of
compliance required in Section 60.3(bX5),(c)(4),(cX10),(dX3),(eX4),or
(eX5) of the National Flood Insurance Program regulations is
presumed to be in violation until such time as that documenta-
tion is provided.
Water surface elevation means the height, in relation to the
National Geodetic Vertical Datum(NGVD)of 1929(or other datum,
where specified), of floods of various magnitudes and frequencies
in the floodplains of coastal or riverine areas. (Ord. No. 927,Div.
II, 3-24-87)
Sec. 4-173. Lands to which this article applies.
This article shall apply to all areas of special flood hazard with
the jurisdiction of the City of Euless. (Ord. No. 927, Div. III, § A,
3-24-87)
Sec. 4-174. Basis for establishing the areas of special flood
hazard.
The areas of special flood hazard identified by the Federal
Emergency Management Agency in a scientific and engineering
report entitled, "The Flood Insurance Study for the City of Eu
less," dated October 3, 1984, with accompanying flood insurance
rage maps and flood boundary-floodway maps(FIRM and FBFM),
and any revisions thereto, are hereby adopted by reference and
declared to be a part of this article. (Ord. No. 927, Div. III, § B,
3-24-87)
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. 927,Div. III, §
D, 3-24-87)
Supp.No.19 308.11
§4-176 EULESS CODE §4-191
Sec. 4-176. Abrogation and greater restrictions.
This article is not intended to repeal, abrogate or impair any
existing easement, covenants or deed restrictions. However, where
this article and another conflict or overlap, whichever imposes
the more stringent restrictions shall prevail. (Ord. No. 929, Div.
III, § E, 3-24-87)
Sec. 4-177. Interpretation.
In the interpretation and application of this article, all provi-
sions shall be considered as minimum requirements, liberally
construed in favor of the governing body, and deemed neither to
limit nor repeal any other powers granted under state statutes.
(Ord. No. 927, Div. III, § F, 3-24-87)
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 hazard 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 community or
any official or employee thereof for any flood damages that result
from reliance on this article or any administrative decision law-
fully made thereunder. (Ord. No. 927, Div. III, § G, 3-24-87)
Secs. 4-179-4-189. Reserved.
DIVISION 2. ADMINISTRATION
Sec. 4-190. Floodplain administrator—Designated.
The city engineer is hereby appointed the floodplain adminis-
trator to administer and implement the provisions of this article
and other appropriate sections of 44 CFR (National Flood Insur-
ance Program Regulations) pertaining to floodplain management.
(Ord. No. 927, Div. IV, § A, 3-24-87)
Supp.No.19 308.12
§4-191 BUILDINGS AND STRUCTURES §4-191
Sec. 4-191. Same—Duties and responsibilities.
Duties and responsibilities of the floodplain administrator shall
include, but not be limited to,the following:
(1) Maintain and hold open for public inspection all records
pertaining to the provisions of this article.
(2) Review permit applications to determine whether proposed
building sites will be reasonable safe from flooding.
(3) Review, approve or deny all applications for development
permits required by adoption of this article.
(4) Review permits for proposed development to assure that
all necessary permits have been obtained from those fed-
eral, state or local governmental agencies (including Sec-
tion 404 of the Federal Water Pollution Control Act, Amend-
ments of 1972, 33 U.S.C. 1334)from which prior approval
is required.
(5) Where interpretation is needed as to the exact location of
the boundaries of the areas of special flood hazard (for
example, where there appears to be a conflict between a
mapped boundary and actual field conditions), the flood-
plain administrator shall make the necessary interpretation.
(6) Notify, in riverine situations, adjacent communities and
the state coordinating,agency,which is Texas Department
of Water Resources,prior to any alteration or relocation of
a watercourse, and submit evidence of such notification to
the Federal Emergency Management Agency.
(7) Assure that the flood-carrying capacity within the altered
or relocated portion of any watercourse is maintained.
(8) When base flood elevation data has not been provided in
accordance with Section 4-174, the permit applicant shall
furnish an engineering study which includes the estab-
lishment of the base flood elevation. The lowest floor ele-
vation of any structure shall be two(2)feet or more above
the base flood elevation.
(9) When a regulatory floodway has not been designated, the
floodplain administrator must require that no new con-
struction, substantial improvements or other development
Supp.No.19 308.13
§4-191 EULESS CODE §4-194 �•••••.„
(including fill) shall be permitted within zones A1-30 and
AE on the community's FIRM, unless it is demonstrated
that the cumulative effect of the proposed development,
when combined with all other existing and anticipated
development,will not increase the water surface elevation
of the base flood more than one foot at any point within the
community.
(10) For areas outside the identified flood hazard areas which
have experienced flooding or where heavy development is
occurring, the floodplain administrator will require that a
permit is applied for and that the applicant furnish an
engineering study which includes the establishment of the
base flood elevation. The lowest floor elevation of any struc-
ture within these areas shall be two(2)feet above the base
flood elevation.
(Ord. No. 927, Div. IV, § B, 3-24-87)
Cross reference—Administrator to maintain record of engineer's or archi-
tect's certification that design and methods of nonresidential construction is in
accordance with accepted standards,§4-211(2).
Sec. 4-192. Same—Right of entry.
The floodplain administrator, or his duly authorized represen-
tative, may enter any building, structure or premises to perform
any duties imposed upon him by these regulations.(Ord. No.927,
Div. VII, 3-24-87)
Sec. 4-193. Development permit—Established.
A development permit shall be required to ensure conformance
with the provisions of this article. (Ord. No. 927, Div. III, § C,
3-24-87)
Sec. 4-194. Same—Permit procedures.
(a) Application; required information. Application for a devel-
opment permit shall be presented to the floodplain administrator
on forms furnished by him/her and may include, but not limited
to, plans in duplicate, drawn to scale, showing the location, di-
mensions and elevation of proposed landscape alterations, exist-
ing and proposed structures, and the location of the foregoing in
relation to areas of special flood hazard. Additionally, the follow-
ing information is required:
Supp.No.19 308.14
§4-194 BUILDINGS AND STRUCTURES §4-194
(1) Elevation(in relation to mean sea level)of the lowest floor
(including basement)of all new and substantially improved
structures;
(2) Elevation in relation to mean sea level to which any non-
residential structure shall be floodproofed;
(3) A certificate from a registered professional engineer or
architect that the nonresidential floodproofed structure shall
meet the floodproofing criteria of Section 4-211(2);
(4) Description of the extent to which any watercourse or nat-
ural drainage will be altered or relocated as a result of
proposed development;
(5) Maintain a record of all such information in accordance
with Section 4-191(1).
(b) Approval or denial. Approval or denial of a development
permit by the floodplain administrator 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 proposed use with existing and antic-
ipated 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 the floodwaters and the effects of
wave action, if applicable, expected at the site;
Supp.No.19 308.15
§4-194 EULESS CODE §4-196
(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;
(10) The relationship of the proposed use to the comprehensive
plan for that area.
(Ord. No. 927, Div. IV, § C, 3-24-87)
Sec. 4-195. Same—Revocation.
The floodplain administrator may revoke a permit or approval
issued under the provisions of these regulations in cases where
there has been any false statement or misrepresentation as to a
material fact in the application or plans upon which the permit
or approval was based. (Ord. No. 927, Div. IX, 3-24-87)
Sec. 4-196. Variance procedures.
(a) The appeal board, as established by the community, shall
hear and render judgement on requests for variances from the
requirements of this article.
(b) The appeal board shall hear and render judgement on an
appeal only when it is alleged there is an error in any require-
ment, decision or determination made by the floodplain adminis-
trator in the enforcement or administration of this article.
(c) Any person or persons aggrieved by the decision of the
appeal board may appeal such decision in the courts of competent
jurisdiction.
(d) The floodplain administrator shall maintain a record of all
actions involving an appeal and shall report variances to the
Federal Emergency Management Agency upon request.
(e) Variances may be issued for the reconstruction, rehabilita-
tion or restoration of structures listed on the National Register of
Historic Places of the State Inventory of Historic Places without
regard to the procedures set forth in the remainder of this article.
(f) Variances may be issued for new construction and substan-
tial improvements to be erected on a lot of one-half acre or less in
size contiguous to and surrounded by lots with existing structures
Supp.No.19 T�
308.16
§4-196 BUILDINGS AND STRUCTURES §4-196
constructed below the base flood level, providing the relevant
factors in Section 4-194(b)have been fully considered. As the lot
size increases beyond the one-half acre,the technical justification
required for issuing the variance increases.
(g) Upon consideration of the factors noted above and the in-
tent of this article, the appeal board 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.
(i) Prerequisites for granting variances shall be as follows:
(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. Showing a 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 be permitted to
be built with the lowest floor elevation below the base flood
elevation, and that the cost of flood insurance will be com-
mensurate with the increased risk resulting from the re-
duced lowest floor elevation.
(j) Variances may be issued by a community for new construc-
tion and substantial improvements and for other development
necessary for the conduct of a functionally dependent use; pro-
vided, that the criteria outlined in subsections (a) through (i)
above are met, and the structure or other development is pro-
Supp.No.19
308.17
§4-196 EULESS CODE §4-198
tected by methods that minimize flood damages during the base
flood and creates no additional threats to public safety(Ord. No.
927, Div. IV, § D, 3-24-87)
Sec. 4-197. Stop work orders.
Upon notice from the floodplain administrator that work on
any building, structure, dike, bridge or any improvement which
would affect water drainage is being done contrary to the provi-
sions of these regulations, or in a dangerous or unsafe manner,
such work shall be immediately stopped. Such notice shall be in
writing and shall be given to the owner of the property or to his
agent, or to the person doing the work, and shall state the condi-
tions under which work may be resumed. Where an emergency
exists, no written notice shall be required to be given by the
floodplain administrator, provided, written notice shall follow
within twenty-four (24) hours from the time oral notice to stop
work is issued. (Ord. No. 927, Div. VIII, 3-24-87)
Sec. 4-198. Penalty for violation.
Any person, firm, corporation or agent who shall violate a
provision of these regulations, or fail to comply therewith, or
with any of the requirements thereof, or who shall erect, con-
struct or alter any structure, or shall place any fill material in
violation of the detailed statement or drawing submitted and
approved thereunder, shall be guilty of contempt of the munici-
pal court of the City of Euless, Texas. Each such person shall be
deemed guilty of a separate offense for each and every day, or
portion thereof, during which any violation of any of the provi-
sions of these regulations is committeed or continued. The flood-
plain administrator is authorized to file with the court clerk a
motion suggesting contempt for failure to comply with these
regulations. After filing, said motion shall be presented to the
city judge who shall set a day and time for the respondent to
appear and show cause why he should not be held in contempt,
which time shall not be less than ten (10) nor more than twenty
(20) days from the date of filing of said motion, whereupon the
clerk shall issue a citation and notice of setting for service upon
said respondent. At said hearing respondent shall be accorded
the right to counsel, the right of confrontation, the right to sum-
Supp.Supp.No.19
308.18
§4-198 BUILDINGS AND STRUCTURES §4-210
mon and examine witnesses, and the right to testify and offer
evidence in his behalf. If after such hearing before the municipal
court he should be held in violation of these regulations and in
contempt of the orders of this court as expressed in these regulations,
then he may be punished by a fine not to exceed one thousand
dollars ($1,000.00) for each offense or by imprisonment not to
exceed twenty-four(24)hours for earth offense.(Ord.No.927,Div.
VI, 3-24-87)
Cross reference—General penalty,§ 1-6.
Secs. 4-199-4-209. Reserved.
DIVISION 3.PROVISIONS FOR FLOOD HAZARD REDUCTION
Sec. 4-210. General standards.
In all areas of special flood hazard the following provisions are
required for all new construction and substantial improvements:
(1) All new construction or substantial improvements shall be
designed(or modified)and adequately anchored to prevent
flotation, collapse or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads, includ-
ing the effects of buoyancy;
(2) All new construction or substantial improvements shall be
constructed by methods and practices that minimize flood
damage;
(3) All new construction or substantial improvements shall be
constructed with materials resistant to flood damage;
(4) All new construction or substantial improvements shall be
constructed with electrical, heating, ventilation, plumbing,
and air conditioning equipment and other service facilities
that are designed and/or located so as to prevent water from
entering or accumulating within the components during
conditions of flooding.
(5) All new and replacement water supply systems shall be
designed to minimize or eliminate infiltration of floodwa-
ters into the system;
Supp.No.19 308.19
§4-210 EULESS CODE §4-211
(6) New and replacement sanitary sewage systems shall be
designed to minimize or eliminate infiltration of floodwa-
ters waters into the system and discharge from the sys-
tems into floodwaters; and.
(7) On-site waste disposal systems shall be located to avoid
impairment to them or contamination from them during
flooding.
(Ord. No. 927, Div. V, § A, 3-24-87)
Sec. 4-211. Specific standards.
In all areas of special flood hazard where base flood elevation
data has been provided as set forth in Section 4-174, Section
4-191(8)or Section 4-212(4)the following provisions are required:
(1) Residential construction. New construction and substan-
tial improvement of any residential structure shall have
the lowest floor (including basement) elevated two (2)feet
or more above the base flood elevation. A registered pro-
fessional engineer, architect or land surveyor shall submit ^�
a certification to the floodplain administrator that the stan-
dard of this subsection, as proposed in Section 4-194(aX1)is
satisfied.
(2) Nonresidential construction. New construction and substan-
tial improvement of any commercial, industrial or other
nonresidential structure shall either have the lowest floor
(including basement) elevated two (2) feet or more above
the base flood level or,together with attendant utility and
sanitary facilities,shall be designed so that below the base
flood level the structure is watertight with walls substan-
tially impermeable to the passage of water and with struc-
tural components having the capability of resisting hydro-
static and hydrodynamic loads and effects of buoyancy. A
registered professional engineer or architect shall develop
and/or review structural design, specifications and plans
for the construction, and shall certify that the design and
methods of construction are in accordance with accepted
standards of practice as outlined in this subsection.A record
of such certification which includes the specific elevation(in
relation to mean sea level) to which such structures are
Supp.No.19 308.20
§4-211 BUILDINGS AND STRUCTURES §4-212
floodproofed shall be maintained by the floodplain admin-
istrator.
(3) Enclosures. New construction and substantial improvements,
with fully enclosed areas below the lowest floor that are
subject to flooding,shall be designed to automatically equal-
ize hydrostatic flood forces on exterior walls by allowing
for the entry and exit of floodwaters. Designs for meeting
this requirement must either be certified by a registered
professional engineer or architect or meet or exceed the
following minimum criteria:
a. A minimum of two(2)openings having a total net area
of not less than one square inch for every square foot
of enclosed area subject to flooding shall be provided.
b. The bottom of all openings shall be no higher than one
foot above grade.
c. Openings may be equipped with screens,louvers,valves
or other coverings or devices; provided, that they per-
mit the automatic entry and exit of floodwaters.
(4) Manufactured homes. The placement of manufactured hous-
ing within the areas which have beedidentified as regula-
\-- tory floodplains is prohibited.
(Ord. No. 927, Div. V, § B, 3-24-87; Ord. No. 932, § 1, 6-9-87)
Sec. 4-212. Standards for subdivision proposals.
The following standards shall apply for subdivision proposals:
(1) All subdivision proposals, including manufactured home
parks and subdivision, shall be consistent with Sections
4-170 and 4-171 of this article.
(2) All proposals for the development of subdivisions, includ-
ing manufactured home parks and subdivision, shall meet
the development permit requirement of Section 4-193 Sec-
tion 4-194, and the provisions of this division.
(3) Base flood elevation data shall be generated for subdivi-
sion proposals and other proposed development, including
manufactured home parks and subdivisions, which is greater
than thirty (30) lots or three (3) acres, whichever is lesser,
if not otherwise provided pursuant to Section 4-174 of Sec-
tion 4-191(8)of this article.
Supp.No.19 308.21
§4-212 EULESS CODE §4-213
(4) All subdivision proposals, including manufactured home
parks and subdivisions, shall have adequate drainage pro-
vided to reduce exposure to flood hazards.
(5) All subdivision proposals, including manufactured home
parks and subdivisions, shall have public utilities facili-
ties, such as sewer, gas, electrical and water systems, lo-
cated and constructed to minimize or eliminate flood damage.
(Ord. No. 927, Div. V, § C, 3-24-87)
Sec. 4-213. Standards for areas of shallow flooding (AO/AH
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 (1) to three (3) feet, where a clearly defined channel does
not exist and where the path of flooding is unpredictable, and
where velocity flow may be evident. Such flooding is character-
ized by ponding or sheet flow; therefore, the following provisions
apply; �,
(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 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 number is speci-
fied), or;
b. Together with attendant utility and sanitary facili-
ties, shall be designed so that below the base flood
level the structure is watertight with walls substan-
tially impermeable to the passage of water and with
structural components having the capability of resist-
Supp.No.19
308.22
§4-213 BUILDINGS AND STRUCTURES §4-214
ing hydrostatic and hydrodynamic loads of effects of
buoyancy.
(3) A registered professional engineer or architect shall sub-
mit a certification to the floodplain administrator that the
standards of this section, as proposed in Section 4-194(aX1),
are satisfied.
(4) Require within zones All or AO adequate drainage paths
around structures on slopes to guide floodwaters around
and away from proposed structures.
(Ord. No. 927, Div. V, § D, 3-24-87)
Sec. 4-214. Floodways.
Located within areas of special flood hazard established in
Section 4-174 are areas designated as floodways. Since the flood-
way is an extremely hazardous area due to the velocity of flood-
waters which carry debris, potential projectiles and erosion po-
tential, the following provisions shall apply;
(1) Encroachments are prohibited, including fill, new construc-
tion,substantial improvements and other development un-
less certification by a professional registered engineer or
architect is provided demonstrating that encroachments
shall not result in any increase in flood levels within the
community during the occurrence of the bas flood discharge.
(2) If subsection (1) above is satisfied, all construction and
substantial improvements shall comply with all applicable
flood hazard reduction provisions of this division.
(Ord. No. 927, Div. V, § E, 3-24-87)
Supp.No.19 308.23
Chapter 5
FINANCE AND TAXATION*
Art. I. In General,§5-01
Art. II. Ad Valorem Tax,§§5-1-5-20
Art. III. Hotel Occupancy Tax,§§5-21-5-30
Art. IV. Bingo Tax,§§5-31-5-44
Art. V. Telecommunications Services Tax,§§5-45,5-46
ARTICLE I. IN GENERAL
Sec. 5-01. State law adopted; additional penalty on de-
linquent taxes.
The provisions of Section 33.07, Property Tax Code, State of
Texas, be and they are hereby adopted whereby an additional pen-
alty of fifteen (15) per cent of the amount of delinquent taxes, and
penalty and interest on delinquent taxes,be imposed and collected
on taxes becoming delinquent after January 1, 1982. (Ord. No. 705,
§ 1,6-8-82)
Editor's note—Ord.No. 705,adopted June 8, 1982,did not specifically amend
this Code;hence inclusion of§1 as§5-01 was at the discretion of the editor.
ARTICLE II. AD VALOREM TAX
Sec. 5-1. Homestead ad valorem tax exemption for persons
sixty-five or over—Granted.
From and after January 1, 1980, and upon compliance
with the requirements hereafter set forth, there shall be
exempted the sum of ten thousand seven hundred and
seventy dollars ($10,770.00) of the assessed value of
residence homesteads of residents of the City of Euless,
Texas, who are sixty-five (65) years of age or older, from all
ad valorem taxes thereafter levied by such city. (Ord. No.
445, Art. I, 4-24-73; Ord. No. 522, § 1, 9-13-77; Ord. No. 645,
§ 1, 10-14-80)
*Cross references—Garbage collection permit, § 7-15 et seq.; occupational
licenses,Ch. 10;licenses for vehicles for hire and wreckers,Ch. 15.
Supp.No.19 351
§5-2 EULESS CODE §5-4 ��
Sec. 5-2. Same—Initial application for.
To be eligible for the residential homestead exemption
from ad valorem taxes levied by the City of Euless, Texas,
for those persons sixty-five (65) years of age or older, the
person seeking such exemption shall make application there-
for on forms prescribed by the tax assessor-collector for the
City of Euless, Texas, between January first and April
thirtieth of each year. Eligible persons making such applica-
tion within such period shall be qualified for such exemption
from ad valorem taxes levied by the city for the year in
which such application is made. (Ord. No. 445, Art. II, 4-
24-73; Ord. No. 585, § 1, 8-28-79)
Sec. 5-3. Same—Annual application.
Once a person has qualified for such exemption, as above
provided, the tax assessor-collector of the City of Euless,
Texas, will thereafter mail to such qualified applicant an
annual application for continued exemption each year so as
to enable such person to make continued application for such
exemption in a timely fashion. The failure of the tax as-
sessor-collector of the City of Euless, Texas, to mail annual
applications to qualified applicants shall not constitute a
waiver by the City of Euless, Texas, of the requirement that
the application for exemption be filed between January first
and April thirtieth of each year. It shall be the responsibility
of those persons seeking the exemption provided for to com-
plete, sign and file with the tax assessor-collector of the City
of Euless, Texas, the application for exemption form by no
later than April thirtieth of each year to be eligible for such
annual exemption. This requirement of subsequent annual
notice shall terminate in the event the ownership of the prop-
erty to which the exemption shall have been effected has
been transferred from the applicant or,in the event the appli-
cant fails to renew the exemption for any year. (Ord. No.
585, § 1, 8-28-79)
Sec. 5-4. Same—Exclusions.
The exemption herein created shall not apply to any ad
valorem tax heretofore pledged for the payment of any debt
Supp.No.19 352
§5-25 FINANCE AND TAXATION §5-31
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)
per cent, nor be less than ten dollars ($10.00). Delinquent
�-- taxes shall also draw interest at the rate of nine (9) per cent
per annum beginning one hundred twenty (120) days from
the date due. (Ord. No. 594, § 6, 9-25-79)
Sec. 5-27-5-30. Reserved.
ARTICLE IV. BINGO TAX*
Sec. 5-31. Imposed.
There is hereby imposed, under the authority of the Texas Bingo
Enabling Act (Article 179(d), Revised Civil Statutes of the State of
Texas) hereinafter referred to as the act,a gross receipts tax of two
(2) percent on the conduct of bingo games within the corporate
limits of the City of Euless,Texas. (Ord.No.701,§ 1,4-13-82)
*Editor's note—Ord.No.70,adopted April 13,1982,did not specifically amend
this Code;hence inclusion of§§1-3 and 5 as§§5-31-5-34 was at the discretion of
the editor.
Supp.No.19 357
•
§5-32 EULESS CODE §5-45
Sec. 5-32. State law adopted by reference.
The act is incorporated herein by reference as though set torth in
full and all terms,authorizations, restrictions, provisions for license,
control, reporting, computation, administration, collection, enforce-
ment, operation and exemption provided for therein are given the
same meaning,force and effect for purposes hereof and are adopted
by reference. (Ord. No.701,§ 2,4-13-82)
Sec. 5-33. Comptroller of public accounts authorized to
be agent of city.
The Comptroller of Public Accounts of the State of Texas,pursu-
ant to the provisions of the act,is herewith specifically established
and authorized as the agent and representative of the City of Eu-
less, Texas, in the administration, collection, enforcement and op-
eration of the gross receipts tax herein provided for.(Ord.No.701,§
3,4-13-82)
Sec. 5-34. 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 two hundred dollars ($200.00). Each such violation shall be
deemed a separate offense and shall be punishable as such hereun-
der. (Ord.No.701,§ 5,4-13-82)
Secs. 5-35-5-44. Reserved.
ARTICLE V.TELECOMMUNICATIONS SERVICES TAX*
Sec. 5-45. General provisions.
(a) Tax authorized; consummation of sales. A tax is hereby
authorized on all telecommunications services sold within the
City of Euless, Texas. For purposes of this section, the sale of
telecommunications services is consummated at the location of
*Editor's note—Ordinance No., §§ 1 and 2, adopted May 26, 1987, was not
enacted as specific amendment or addition to the Code,but is included herein as a
new Art.V,§§5-45 and 5-46,to Ch.5 at the discretion of the editor.
Supp.No.19 358
§5-45 FINANCE AND TAXATION §5-46
the telephone or other telecommunications device from which the
call or other communication originates. If the point of origin
cannot be determined,the sale is consummated at the address to
which the call or other communication is billed.
(b) Repeal of state exemption. The application of the exemption
provided for in Article 1066(c), Section 4B(a), V.A.T.C.S. is hereby
repealed by the city as authorized by Section 4B(b)thereof.
(c) Rate of tax. The rate of tax imposed by this section shall be
the same as the rate imposed by the city for all other local sales
and use taxes as authorized by the Legislature of the State of
Texas.
(d) Ordinance to be forwarded to state comptroller. The city
secretary shall forward to the comptroller of the State of Texas,
by United States registered or certified mail, a copy of the ordi-
nance from which this article is derived, along with a copy of the
minutes of the city council's vote and discussion on said ordinance.
(e) Effective date. This shall become effective as of October 1,
1987. (Ord. No. 931, § 1, 5-26-87)
Sec. 546. Tax not to serve as an offset to or to reduce
amount payable by providers of telecommunica-
tions services.
The ordinance which enacted this article shall be, and it is
hereby declared to be, cumulative of all other ordinances of the
City of Euless, Texas, and said ordinance shall not operate to
repeal or affect any of such other ordinances.The tax provided for
hereunder shall not serve as an offset to, be in lieu of, or in any
way reduce any amount payable to the city pursuant to any
franchise, street use ordinance, Charter provisions, statute or,
without limitation by the foregoing enumeration, any other im-
position of the city otherwise payable by any provider of tele-
communications service; it being the express intent hereof that
all such obligations, impositions and agreements of every kind
and nature shall remain in full force and effect without reduction
or limitation hereby. (Ord. No. 931, § 2, 5-26-87)
Supp.No.19 [The next page is 4351
359
§6-1 FIRE PROTECTION AND PREVENTION §6-1
(2) Hotel/motels either two (2) or more stories in height, or
containing twelve (12) or more guest rooms, regardless of
any area separation walls.
(3) Educational facilities having an occupant load greater than
fifty(50)persons.
(4) Preschool and/or day care centers having an approved li-
cense for six(6)or more children.
(5) Group A, Group B, Group H and Group I occupancies as
required by NFPA Standard 101 for the maintenance and
notification of the occupants for life safety purposes.
(b) The alarm system shall include provision for smoke and
heat detection and manual operation as prescribed by the au-
thority having jurisdiction.
(c) Connection to other systems.A signal system or intercom-
municating system shall not be used for any purpose other
than fire warning unless it meets the requirements of this
article.
(d) Standard for installation, inspection and maintenance.
Installation, inspection and maintenance of the fire alarm sys-
tem shall be according to the standards set forth in U.F.C.
Standard No. 10-2, and applicable to NFPA Standards.
(e) Location of stations. Stations for operating any manually
operated fire alarm system shall be placed immediately adja-
cent to the telephone switchboard in the building, if there is a
switchboard, and at such other locations as may be required by
the chief of the bureau of fire prevention.
(f) Automatic telephone dialing devices to transmit an emer-
gency alarm shall not be connected to any fire department
telephone number unless approved by the chief of the bureau of
fire prevention.
(g) All control functions necessary to the operation of the fire
alarm system shall be routed through a single control panel
and mounted in an accessible location as approved by the au-
thority having jurisdiction.
Supp.No.19 445
§6.1 EULESS CODE §6-1
(h) Where required by the authority having jurisdiction,the
fire alarm systems shall be monitored by an approved central
receiving station meeting NFPA Standards.
(9) Section 10.308. Section 10.308 of the Uniform Fire Code is
hereby amended in the following paragraphs:(c)1.,(c)3. and(d)to
be and read as follows:
(c) Group A Occupancies.
1. Night club, discos and restaurants. An automatic sprinkler
system shall be installed in all occupancies used for drink-
ing or dining, when the total occupancy area exceeds five
thousand (5,000) square feet, regardless of the area wall
separations from other unseparated rooms or area uses.
3. Assembly areas, exhibition and display rooms. An auto-
matic sprinkler system shall be installed in Group A occu-
pancies which have more than ten thousand(10,000)square
feet of floor area which can be used for exhibition, assem-
bly or display purposes. Provided,however, as to assembly .�
areas, exhibition and display rooms being used for such
purposes on , such requirement shall not
apply to a renovation or enlargement of such pre-existing
use, provided the user thereof applies for and obtains a
variance for the installation of such required sprinkler
system from the Euless City Council, which variance, if
granted, may be conditioned as the city council may
determine.
(d) Group B, Division 2 Occupancies. An automatic sprinkler
system shall be installed in all occupancies classed as Group B,
Division 2 where the floor area exceeds twelve thousand(12,000)
square feet on any floor or twenty-four thousand(24,000)square
feet on all floors or in Group B, Division 2 occupancies three(3)
or more stories in height. The area of mezzanines shall be
included in determining the areas where sprinklers are required.
(10) Section 10.311 Table No. 10.311. Section 10.311 of the
Uniform Fire Code, Table 10.311, Standpipe Requirements, No.
2., is hereby amended to read as follows:
Supp.No.19 446
§6-1 FIRE PROTECTION AND PREVENTION §6-1
2. Occupancies three (3) stories or more, but less than one
hundred fifty (150) feet in height, including apartments,
condominiums and townhomes.
(11) Section 10.311( . Section 10.311 of the Uniform Fire Code
is hereby amended by adding a new paragraph (f) to read as
follows:
(0 Standpipe hose connections for apartments, condominiums
and townhomes shall be located on each floor level and in the
Supp.No.19 446.1
§6-1 FIRE PROTECTION AND PREVENTION §6-2
(c) Occupancies having a required fire alarm system shall
have and maintain a maintenance contract with a licensed fire
alarm company to provide for the repairs and adjustments of
the fire alarm system as required. Such maintenance contract
shall provide for twenty-four-hour emergency service with no
less than a two-hour response time, and shall provide that the
name of the alarm company, duration of the contract and emer-
gency numbers shall be made available to the fire marshal's
office within thirty(30)days after the contract's effective date.
(d) When systems are to be out of service for a period greater
than four (4) clock hours, and when, in the opinion of the
authority having jurisdiction, a watch is essential for the safety
of the building's occupants, standby personnel shall be required
as provided in Section 25.117 of this code.
(20) Section 87.103(q). Section 87.103 of the Uniform Fire Code
is hereby amended by the addition of a new paragraph (q) to be
and read as follows:
(q) Combustible material storage. The storage of combustible
materials used for construction shall be located at a distance
no greater than one hundred(100)feet from a dedicated public
street or emergency access easement as outlined in Section
10.207 of this code.
(Ord. No. 545, § 1, 5-23-78; Ord. No. 888, § 1, 8-26-86; Ord. No.
920, § 1, 2-10-87)
Sec. 6-2. Same—Enforcement, modifications.
The enforcement of the fire prevention code shall be by the
city manager, or such other official as may be designated by
him. Such official shall have power to modify any of the provi-
sions of the fire prevention code upon application in writing
by the owner or lessee, or his duly authorized agent, when
there are practical difficulties in the way of carrying out the
strict letter of the code, provided the spirit of the code shall
be observed, public safety secured and substantial justice
done. (Ord. No. 406, § 3, 8-10-71)
Supp.No.19
451
§6-3 EULESS CODE §6-6
Sec. 6-3. Same—Appeals from decisions.
•
Whenever it is claimed that the provisions of the fire pre-
vention code do not apply or that the true intent and meaning
of the code have been misconstrued or wrongly interpreted, an
appeal from the decision of the designated official may be
made to the city council within thirty (30) days from the date
of the decision appealed. (Ord.No. 406, § 4, 8-10-71)
Sec. 6-4. Same—Penalty.
Any person violating the terms and provisions of the fire
prevention code shall be deemed guilty of a misdemeanor, and
shall be punished as provided in Section 1-6 of this Code of
Ordinances, and each day that such violation continues shall
be a separate offense; this penalty shall be cumulative of all
other remedies. (Ord. No. 406, § 5, 8-10-71)
Sec. 6-5. Arson reward.
• The city hereby offers a reward of two hundred fifty dol-
lars ($250.00) for the arrest and conviction of any person found
guilty of committing the crime of arson within the city. This
reward is a standing reward offer, and shall be paid out of the
general fund of the city upon authorization of the city council.
(Ord. No. 193, § 1)
State law reference—Crime of arson, V.T.P.C. art. 1304 et seq.
Sec. 6-6. Fireworks—Definition.
"Fireworks" shall mean and is defined as being any com-
bustible, flammable, or explosive device, compound, substance
or combination of substances, made, prepared or manufac-
tured for the purpose of producing a visible or an audible
combustion, explosion, deflagration, detonation, display of
sparks, display of flames, or other like or similar effect, and
shall include, firecrackers, Roman candles, skyrockets,
torpedoes, sparklers or other fireworks of like composition
and any fireworks containing any explosive or flammable com-
pound, or any tablets or other device containing any explosive
substance, blank cartridges, toy pistols, toy cannons, toy canes
Supp.No.19
452
§7-25 GARBAGE,TRASH,ETC. §7-27
ARTICLE II. GRASS AND WEEDS*
Sec. 7-25. "Person" defined.
The term"person," as used herein,shall be held to include any
individual person, firm, partnership, association or corporation.
(Ord. No. 465, § 1, 2-12-74; Ord. No. 934, § 1, 8-11-87)
Sec. 7-26. Nuisance declared.
All weeds, brush, grass and other vegetation prescribed or
prohibited by this article is deemed a fire hazard, a traffic haz-
ard, and a menace to the health,safety and welfare of the citizens
of Euless,Texas, and,therefore, a public nuisance.(Ord.No.465,
§ 2, 2-12-74)
Sec. 7-27. Maximum height.
(a) It shall be unlawful for any person owning, claiming, occu-
pying or having supervision or control of any real property within
the corporate limits of Euless to suffer or permit grass, weeds or
other plants,except as herein provided,to grow to a height greater
than twelve (12) inches upon any real property within fifty (50)
feet of any property line,residence,barn,building or other struc-
ture within the city limits, including or that area between the
property line and the curb or, if there is no curb, then from the
property line to the traveled portion of the street or to a height
greater than twenty-four(24)inches upon any other real property
in the city, except for:
(1) Pasture land used for grazing of livestock; and
(2) The growing of agricultural crops under cultivation, inclu-
sive of trees, shrubs, flowers or other decorative or orna-
mental plants.
(b) It shall be the duty of such person to keep such property
free and clear of all such weeds, brush, grass and other unsafe
vegetation which exceeds the height prescribed above shall be
*Editor's note—Ordinance No.465, §§ 1-5,7,adopted Feb. 12, 1974,did not
specifically amend the Code. At the discretion of the editor, said ordinance has
been codified as superseding former §§ 7-25-7-28,which pertained to the same
subject matter.Said sections had been derived from Ord.No.93,§§ 1-3,3-11-58;
Ord.No.223, §§2-4,5-12-64;and,Ord.No.302, §XI,adopted May 23,1967.
Supp.No.19 531
§7-27 EULESS CODE §7-29 �—•\
referred to above. All such weeds, brush, grass and other unsafe
vegetation presumed to be a public nuisance. (Ord. No. 465, § 3,
2-12-74; Ord. No. 934, § 1, 8-11-87)
Sec. 7-28. Failure to comply; notification; abatement of nui-
sance by city.
(a) In the event that any person owning,claiming occupying or
having supervision or control of any real property fails to comply
with the provisions of this article, the city shall notify such
person of his failure to comply.If the person's address is unlisted,
then reasonable effort shall be taken to inform the violating
persons of their responsibilities under this article by utilizing
current city water billing records, recent zoning and platting
application records or real estate signs that may be present on
the properties. Such notice shall be sent to the person at his post
office address by certified mail, return receipt requested. If the
person's address is unknown or if notification may not be ob-
tained by letter, then notice shall be given by publication in any
two (2) issues within ten (10) consecutive days in any daily,
weekly or semiweekly newspaper in the city.
(b) If such person fails or refuses to comply with the provisions
of this article within ten (10) days after date of notification by
letter or date of second publication of notice in the newspaper,
the city may go upon such property and do or cause to be done the
work necessary to obtain compliance with this article.Such work
may consist of of preparing said property so that it can reason-
ably be mowed, the mowing of the property, and the removal of
cuttings and other debris attributed to the mowing and prepara-
tion of the property. After initialing such work, the city may
charge against the person having control of the land an adminis-
trative fee. (Ord. No. 465, § 4, 2-12-74; Ord. No.934, § 1,8-11-87)
Sec. 7-29. Collection of abatement cost;administrative fee.
The expense incurred pursuant to this article in correcting the
condition of such property,and the cost of publication of notice in
the newspaper,shall be paid by the city and charged to the owner
of such property, who shall in addition pay a seventy-five dollar
($75.00) administrative fee. In the event the owner fails or re-
fuses to pay such expense within thirty (30) days after the first
day of the month following the month in which the work was ^�
Supp.No.19 532
§7-29 GARBAGE,TRASH,ETC. §7-39
done,the city shall file with the county clerk of Tarrant County a
statement,signed by the mayor,of the amount so expended. Such
amount shall bear interest at the rate of ten (10) per cent from
the date the city incurs the expense and shall become a privi-
leged lien against the real property, second only to the tax liens
and liens for street improvements. For any such expenditures
and interest,suit may be instituted,and recovery and foreclosure
had by the city. The statement of expense filed with the county
clerk or a certified copy thereof shall be prima facie proof of the
amount expended in such work, improvement or correction of the
property, all more particularly specified in Article 4436, Ver-
non's Annotated Texas Civil Statues,which is hereby adopted by
reference. (Ord. No. 465, § 5, 2-12-74; Ord. No. 934, § 1, 8-11-87)
Sec. 7-30. Penalty.
Any person,firm or corporation violating any of the provisions
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 one thousand dollars
($1,000.00) for each offense. Each day that such violation shall
continue shall be deemed a separate and distinct offense and
shall be punishable as such. (Ord. No. 465, § 7, 2-12-74; Ord. No.
857, § 2, 8-27-85)
Sec. 7-31. Compliance required.
Before any application for change of zoning,platting or replat-
ting is accepted, all liens and charges arising under the terms of
this article shall be satisfied. In addition, property will be in-
spected to ascertain that Section 7-27 hereof is not violated at the
time of application. (Ord. No. 934, § 1, 8-11-87)
Secs. 7-32-7-39. Reserved.
Supp.No.19 533
§7-40 EULESS CODE §7-41
ARTICLE III.LITTERING*
Sec. 7-40. Definitions.
As used in this article, the following terms shall have the
respective meanings ascribed to them:
Garbage: All decayable wastes, including vegetable, animal
and fish offal and carcasses of such animals and fish, except
sewage and body wastes, but excluding industrial byproducts,
and shall include all such substances from all public and pri-
vate establishments and from all residences.
Junk: All worn out, worthless and discarded material, in
general, including, but not limited to, odds and ends, old iron
or other metal, glass, paper, cordage or other waste or dis-
carded materials.
Litter: Refuse, garbage, rubbish and junk, singly or any
combination thereof.
Refuse: Garbage, rubbish and all other decayable and non-
decayable -�
waste, including vegetable, animal and fish carcasses,
except sewage from all public and private establishments and
residences.
Rubbish: All nondecayable wastes, except ashes, from all
public and private establishments and from all residences.
(Ord. No. 302, § II, 5-23-67)
Sec. 7-41. Prohibited.
No person shall deposit, discard or throw refuse, garbage,
rubbish, junk or other litter in or upon any public street, road
or other public place or upon private property within the city,
except in public receptacles or in authorized private recepta-
cles for collection or in an official city sanitary landfill. (Ord.
No. 302, § II, 5-23-67)
Cross reference—Placing in streets, §§ 7-11, 13-1.
*Cross reference—Removing trash accumulations on order of fire
marshal, § 6-48.
Supp.No.19 534
§7-42 GARBAGE,TRASH,ETC. §7-46
Sec. 7-42. Littering on another's property.
No person shall throw or deposit litter on any occupied
private property within the city, whether owned by such per-
son or not, except that the owner or person in control of
private property may maintain authorized private receptacles
for collection in such a manner that litter will be prevented
from being carried or deposited by the elements upon any
street, sidewalk or other public place or upon any private
property. (Ord. No. 302, § IX, 5-23-67)
Sec. 7-43. Use of receptacles.
Persons placing litter in public receptacles or in authorized
private receptacles shall do so in such manner as to prevent it
from being carried or deposited by the elements upon any
street, sidewalk or other public or private place. (Ord. No.
302, § III, 5-23-67)
Sec. 7-44. Sweeping; cleanliness of sidewalk area.
No person shall sweep into or deposit in any gutter, street
or other public or private place within the city the accumula-
tion of litter from any building or lot or from any public or
private sidewalk or driveway. Persons owning or occupying
property shall keep the sidewalk and driveways abutting their
premises clean and free of litter. (Ord. No. 302, §§ IV,
V, 5-23-67)
Sec. 7-45. Blowing,etc., from vehicle.
No person shall drive or move any truck or other vehicle
within the city unless such vehicle is so constructed or loaded
as to prevent any load or contents of litter from being blown
or deposited upon any street, alley or other public place or on
private property. (Ord. No. 302, § VII, 5-23-67)
Sec. 7-46. Abatement.
Upon the failure, neglect or refusal of any owner or agent
so notified to properly dispose of litter within five (5) days
after receipt of written notice as provided in Section 7-27, such
litter shall be added as provided in such section. (Ord. No. 302, §
X, 5-23-67)
Supp.No.19 534.1
§7-47 EULESS CODE §7-55
Secs. 7-47-7-54. Reserved.
ARTICLE IV.ABANDONED, DERELICT AND LOST
PERSONAL PROPERTY
DIVISION 1. GENERALLY*
Sec. 7-55. Definitions.
For the purpose of this article, the term "vehicle" shall
include the terms "automobile," "truck," "trailer" or any
'Note—See editor's footnote to Division 2.
Supp.No.19 534.2
Chapter 8
HEALTH AND SANITATION*
Art. I. In General,§§8-1-8-9
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,§§8-85-8-99
Art. VI. Retail Food Stores,§§8-100-8-114
Art. VII. Regulation of Smoking,§§8-115-8-119
ARTICLE I. IN GENERAL
Sec. 8-1. Hospital authority—Created;territory embraced.
There is hereby created under this Article 4437(e), Vernon's
Texas Civil Statues,a hospital authority in the city. Said author-
ity shall comprise all territory included within the corporate
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 said authority within the corporate limits of the
City of Euless,Texas, shall be the Hurst-Euless-Bedford Hospital
Advisory Board. (Ord. No. 298, § 3, 2-14-67; Ord. No. 751, § 1,
7-26-83)
Sec. 8-4. Same—Directors.
The hospital authority shall be governed by a board of direc-
tors consisting of nine(9)members, the directors to be appointed
by the governing bodies of said cities as follows:
*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.19 589
§8-4 EULESS CODE §8-20
Three(3)directors to be designated by the Hurst city council,
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 appointed,
subject to the provisions of Section 4, Article 4437(e), Vernon's
Texas Civil Statues,as amended.The directors appointed by each
of said cities shall be appointed to two-year terms, the terms of
the first directors appointed to expire 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 moving 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), Ver-
non's Texas Civil Statues, 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 Statues,
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.19 590
§8-90 HEALTH AND SANITATION §8-99
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 dis-
charges.
(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 one thousand dollars ($1,000.00) 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; Ord. No.
792, § 10, 5-22-84)
Cross reference—General penalty, § 1-6.
Secs. 8-92-8-99. Reserved.
Supp.No.19 617
§8-100 EULESS CODE §8-102 ��
ARTICLE VI. RETAIL FOOD STORES*
Sec. 8-100. Sanitation code adopted by reference.
The definitions; the inspection of retail food stores; the issu-
ance,suspension and revocation of a permit to operate a retail food
store;the prohibiting of the sale of unsound food or drink;and the
enforcement of this code shall be regulated in accordance with
the 1982 edition of the Association of Food and Drug Officials'
and the Food and Drug Administration's Retail Food Store Sani-
tation Code, three (3) certified copies of which shall be on file in
the office of the city secretary; provided, that the words "regula-
tory authority as used and contained in said Code" shall be
understood to refer to the City of Euless, Texas. (Ord. No. 809, §
1, 9-11-84)
Sec. 8-101. Permit fee.
Every retail food store shall pay an annual permit fee of five
dollars ($5.00) per employee with a minimum of twenty-five dol-
lars ($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. (Ord. No. 809, § 4, 9-11-84)
Sec. 8-102. Penalty for violation.
Any person, firm or corporation who violates a provision of
these rules and any person who is the permit holder of or other-
wise operates a retail food store that does not comply with the
requirements of these rules and any responsible officer of that
permit holder or those persons shall be deemed guilty of a mis-
demeanor and upon conviction thereof shall be fined in an amount
of not less than twenty-five dollars ($25.00) nor more than one
thousand dollars($1,000.00)for each offense and shall be punish-
able as such. (Ord. No. 809, § 2, 9-11-84)
*Editor's note—Article VI,§§8.100-8-102,is derived from Ord.No.809,§§1,
2 and 4,presented and passed Sept. 11,1984.Since this ordinance did not provide
for the specific manner of inclusions of its provisions into the Code, it has been
codified as Art.VI, §§8-100-8-102,at the discretion of the editor.
Supp.No.19 618
§8-103 HEALTH AND SANITATION §8-116
Secs. 8-103-8-114. Reserved.
ARTICLE VII. REGULATION OF SMOKING*
Sec. 8-115. Definitions.
The following words and terms when used in this article shall
have the meanings respectively ascribed to them in this section:
Smoking means the possession of burning tobacco, weed or
other plant product.
Notice means the posting of signs in sufficient numbers and at
such conspicuous locations, so as to be readily observable by a
reasonably observant person indicating that an area readily dis-
cernable by a reasonably observant person delineated upon such
sign or clearly apparent from the placement of such signs prohib-
its smoking within such area and references on such sign that
smoking within such area is prohibited by city Ordinance No.
87-919 or as to indoor service lines that smoking in line is prohib-
ited by such ordinance. (Ord. No. 919, § 9-1, 1-27-87)
Sec. 8-116. Smoking prohibited—Designated areas.
(a) An owner, operator, manager, employer or other person
having control of any building or area within a building may
designate all or any part of such building or area thereof a
no-smoking area wherein smoking shall be prohibited upon com-
pliance with the provisions of this article and the posting of
notice as herein required reading "Smoking Prohibited By City
Ordinance No. 87-919".
(b) A person commits an offense by smoking in an area where
notice is posted as above provided.
(c) A person also commits an offense by smoking in an indoor
service line in which more than one person is giving or receiving
goods or services, such as, by way of example and not by limita-
tion, retail store and food market checkout lines, service lines of
*Editor's note—Ordinance No.919,adopted Jan.27, 1987,amended Ch.8 by
adding new provisions designated as Art. IX, §§ 9-1-9-5. In order to maintain
Code format,the editor,at his discretion,has redesignated and renumbered these
new provisions as Art.VII,§§8-115-8-119.
Supp.No.19 619
§8-116 EULESS CODE §8-118
financial institutions such as bank teller lines, and food service
lines such as cafeteria lines; provided the owner, operator, man-
ager, employer or other person having control of the goods or
services being given or received provides:
(1) Signs of sufficient numbers and at such conspicuous loca-
tions as to be readily observable by a reasonable observant
person reading "Smoking In Line Prohibited By City Or-
dinance No. 87-919," and
(2) Receptacles for the extinguishment of smoking materials
within the immediate area of such service line and no
further than twenty(20)feet thereof.
(Ord. No. 919, § 9-2, 1-27-87)
Sec. 8-117. Defenses.
It shall be a defense to prosecution under this article that the
area designated wherein smoking is prohibited was not posted
with notice thereof as provided in this article. It shall also be a
defense to prosecution under this article that facilities for the
extinguishment of smoking materials were not located within
the area wherein smoking is prohibited or within twenty(20)feet
of each entrance to the area so designated wherein smoking is
prohibited and within which the offense takes place. (Ord. No.
919, § 9-3, 1-27-87)
Sec. 8-118. Posting of notice and placing of receptacles for
extinguishment of smoking materials.
The owner, operator, manager, employer or other person hav-
ing control of any area where smoking is to be prohibited shall
post notice, as provided herein,in sufficient numbers and at such
conspicuous locations, including entrances thereto, so as to be
readily observable by a reasonably observant person and shall
provide receptacles for the extinguishment of smoking materials
within such area or within twenty (20) feet of the entrance to
such area where smoking is to be prohibited as provided by this
article. (Ord. No. 919, § 9-4, 1-27-87)
Supp.No.19 620
§8-119 HEALTH AND SANITATION §8-119
Sec. 8-119. Penalty for violation.
Any person who violates this article by smoking in an area
designated no smoking as herein authorized with notice thereof
posted as herein provided shall be guilty of a misdemeanor and
upon conviction thereof shall be fined an amount not more than
two hundred dollars($200.00). (Ord. No. 919, § 9-5, 1-27-87)
Supp.No.19 621 [The next page is 6551
CODE COMPARATIVE TABLE
This is a numerical listing of the ordinances of the city used in this
Code. Repealed or superseded laws and any omitted materials are not
reflected in this table.
Section
Ord.No. Date Section this Code
17 1-11-55 I—III 6-20-6-22
V 6-23
VII—XI 6-24-6-28
30 3- 7-55 1 13-3
32 3-19-55 1-3 2-1-2-3
37 5-16-55 I 6-40,6-41
II—XII 6-42-6-52
41 2-13-56 I 15-20
II—IV 15-22-15-24
V 15-25,15-26
VI 15-28
VII—XI 15-32-15-36
XII 15-30
XIII 15-29
XIV 15-21
XV 15-31
XVI 15-27
XIX 15-37
43 2-24-56 I 7-1
III—VI 7-5-7-8
VII 7-10
VIII 7-11
IX 7-9
X 7-4
XI 7-15
XII(A) 7-16
(B) 7-17
XIII 7-3
XIV 7-13
XV 7-14
XVI 7-12
XVII 7-18
59 1-12-57 I 4-20
II 4-21,4-27
III 4-22,4-24
IV 4-25
V 4-23
VI 4-29
VII 4-26
VIII 4-28
Supp.No.19 1461
EULESS CODE
Section
Ord.No. Date Section this Code
63 2- 9-57 1 13-2
84 9- 7-57 I 11-12
93 3-11-58 1 7-26
2 7-25
3 7-27
5 7-18
94 4- 8-58 1.01 3-1
1.02 3-2
1.03 3-20
1.04 3-21
1.05 3-23
1.06 3-25
1.07 3-26
1.08 3-22
1.09 3-24
2.01 3-3
2.02 3-4
3.01-3.10 3-303-39
3.11 3-41
3.12 3-40
105 9-23-58 I 10-61
III 10-63
IV 10-64
V 10-60
VI 10-66
VII 10-68
VIII 10-60
10-69
IX 10-65
X 10-67
X(a)(1) 10-62
XI 10-70
XI(a)(2) 10-71
XII 10-72
111 6-23-59 I 11-10
II 11-11
116 8-11-59 Art.I 14-1
15 14-3
16 14-2
17 14-4
18 14-6
19 14-7
20 14-13
21 14-65
Supp.No.19 1462
CODE COMPARATIVE TABLE
Section
Ord.No. Date Section this Code
22 14-91
23 14-67
24 14-69
25 14-70
26 14-72
27 14-71
28 14-72
29 14-74
30 14-76
31 14-68
32 14-78
33 14-79
34 14-82
35 14-84.
36 14-83
37-39 14-85-14-87
40 14-89
41 14-92
42(a) 14-30
(b) 14-33
(c) 14-30
(d) 14-32
43 14-31
44-48 14-34-14-38
49 14-93
50 14-39
51-53 14-50-14-52
54 14-54
55 14-55
56 14-120
57 14-121
59 14-123
60 14-122
61 14-124
62 14-110
63 14-111
64 14-114
65 14-112
66 14-53
67 14-89
68 14-90
69 14-113
70 14-80
71 14-81
72 14-8
Supp.No.19 1463
EULESS CODE
Section
Ord.No. Date Section this Code
73 14-9
74 14-73
75 14-12
76-78 14-94--14-96
79 14-11
80 14-88
81 14-97
82 14-14
83 14-124
84 14.125
85 14-98
86 14-99
87 14-10
89-93 14-16-14-20
124 3- 8-60 2 13-1
129 5-24-60 1 14-66
145 5-23-61 I 7-1
II 6-9
7-2
147 6- 5-61 I App.B,§1
II 2
III 4
III(A)(2) 6,8
III(B)(1) App.B,§9
(B)(2) 13
(B)(3) 10
11
(B)(4) 12
III(C)(1 App.B,§14
(C)(2)(a)—(h) 15
(C)(2)(i) 16
(C)(2)(j) 15
III(D)(1) App.B,§17
(D)(2)(a)—(m) 18
(D)(2)(n)(1), (2) 19
(D)(2)(n)(3) 20
IV(A)(1) App.B,§30
IV(A)(2)—(13) App.B,§§33-44
IV(A)(14) App.B,§21
IV(A)(15) App.B,§45
(A)(16) 46
IV(A)(17) App.B,§31
IV(B) App.B,§3
IV,Amd.6 App.B,§32
Supp.No.19 1464
CODE COMPARATIVE TABLE
Section
Ord.No. Date Section this Code
VI App.B,§§48-50
148 6- 5-61 1-6 App.B,§§100-105
8 App.B,§106
107
9-12 108-111
149 6-13-61 II 14-100
III 14-101
IV 14-103
V 14-104
VI 14-102
152 7-25-61 I 10-7
II,III 10-8
161 1-23-62 I 6-6 •
II 6-7
III 6-8
162 2-13-62 1 11-13
2 11-14
177 11-27-62 1-4 10-3-10-6
193 1-22-63 1 6-5
206 12-13-63 I 4-70
4-74
II 4-71
4-72
IV(1)—(8) 4-80-4-87
(9), 4-88,
(10) 4-90
4-88
(11) 4-89
V(1) 4-96
V(2) 4-97
V(3) 4-98
V(3A) 4-100
V(4) 4-101
V(5) 4-99
V(6) 4-102
V(7) 4-103
V(9) 4-96
V(10)—(12) 4-104
VI(1)—(3) 4-110
(4), (5) 4-111
VI(6) 4-115
VI(7) 4-112
VI(9) 4-113
VII(3) 4-73
Supp.No.19 1465
EULESS CODE
Section
Ord.No. Date Section this Code
VII(21) 4-114
X 4-72
219 4-14-64 1 10-80
2 10-85
3 10-87
4 10-88
5 10-86
6 10-82
7,8 10-83
9 10-84
10 10-89
11 10-81
10-91
12 10-92
13 10-93
14 10-90
223 5-12-64 2 7-25
3 7-27
4 7-28
7 7-18
247 4-13-65 I 6-40
II 6-41
249 4-27-65 I(B)(2) App.B,§13
251 5-25-65 Art.II 8-40
12-1
III,§1 12-2
2 12-8
3-7 12-3-12-7
8 12-9
IV,§§1,2 8-41
3-9 8-42-8-48
10 11-4
11 12-10
V 12-11
VI 12-12
252 5-25-65 Art.I,§§1,2 4-40
3 4-40,4-45
II,1-4 4-41-4-44
5 4-43
III,1-5 4-51-4-55
6 4-47
7-12 4-56--4-61
IV 4-62
V 4-49
Supp.No.19 1466
CODE COMPARATIVE TABLE
Section
Ord.No. Date Section this Code
VI 4-48
VII 4-46
VIII 4-50
258 7-29-65 1 16-3
2 16-2
2(1) 16-4
2(2) 16-5
2(3) 16-7
3 16-8
262 8-24-65 1 10-62
10-71
264 9-28-65 I,II 11-5
265 9-28-65 I—IV 11-6--11-9
268 11- 9-65 I(1) 7-55
(2) 7-57
II(1) 7-58
II(2) 7-57,7-58
III 7-56
IV 7-59
V 7-64
VI 7-62,7-65
275 3-22-66 1 16-1
281 6-28-66 1 App.B,§15
290 10-11-66 I 16-1
296 1-24-67 I—VIII 10-115-10-122
IX 10-123
X 10-124
XI 10-125
XII 10-127
XIII 10-126
XIV 10-123
298 2-14-67 1-4 8-1-8-4
6 8-5
300 4-11-67 I—IV 15-1-15-4
302 5-23-67 II 7-40,7-41
III 7-43
IV,V 7-44
VII 7-45
IX 7-42
X 7-46
XI 7-28
XII 7-18
304 8- 8-67 I 4-100
319 1- 9-68 I—III 12-30-12-32
320 1-23-68 I 14-5
Supp.No.19 1467
EULESS CODE ^�
Section
Ord.No. Date Section this Code
329 3-26-68 I 4-72
II 4-73
4-114
336 7-23-68 Art.I,§101 8-21
102 8-20
II, 201-204 8-22-8-25
III, 301-303 8-26-8-28
Art.IV,§401 8-29
V, 501 8-30
347 12-10-68 App.A (note)
355 7- 8-69 1 14-77
358 7-19-69 1-3 16-9-16-11
365 11-25-69 Art.I 10-20
II,§§1-11 10-30-10-40
III, 5 10-25
III, 1-4 10-21-10-24
370 3-24-70 I 6-61
II 6-60
III 6-62
IV(A)—(E) 6-63
(F)—(I) 6-64-6-67
V 6-69
VI 6-70
373 4-14-70 1 10-101
2 10-100
3(a)—(g) 10-102
(f) 10-103
5 10-104
6 10-107
7 10-105
8 10-106
378 6-23-70 1 16-3
2 16-5
384 11-24-70 I 10-50
II—IV 10-51-10-53
VI 10-54
385 12- 8-70 I 11-1
II 11-2
III 11-3
392 2- 9-71 I 11-30
II 11-31
III 11-32
11-33
IV 11-34
V 11-35
Supp.No.19 1468
CODE COMPARATIVE TABLE
Section
Ord.No. Date Section this Code
919 1-27-87 9-1-9-5 8-115-8-119
920 2-10-87 1 6-1
927 3.24.87 Div./Sec(s)
I A 4-170
B 4-171
II 4-172
III A 4-173
B 4-174
C 4-193
D—G 4-175-4-178
IV A 4-190
B 4-191
C 4-194
D 4-196
V A—E 4-210-4-214
VI 4-198
VII 4-192
VIII 4.917
IX 4-195
928 3-24-87 1-10 2-110-2-119
931 5-26-87 1 5-45
2 5-46
932 6- 9-87 1 4-211(4)
934 8-11-87 1 7-25,
7-27-7-29,
7-31
Sapp.No.19 [The next page is 14811
1477
CODE INDEX
CABLE TELEVISION—Cont'd. Section
Franchise
Application
Authority to prescribe form of 41/2-21
Area of
Annexations 4 V2-57
Map indicating 4%-54
Review of 4/-55
Service outside of 41/2-56
Authorized 4 V2-3
Cancellation and termination 4 1-24
Duration of 4/-4,4V2-22
Exclusivity 4 V2-22
Fees 4/-30
Renegotiation 4/-23
Renewal 4/-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 4 V2-63
Interconnections 4 V2-64
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
Radiation
Stray radiation 4 V2-68
Rates and charges
Advance charges and deposits 41/2-50
City council approval of rates required 41/2-47
Disconnection, no charge for 41/2-53
Installation and reconnection charges 41/2-52
Nonpayment by subscriber,disconnection for 41/2-53
Rebate of monthly fee for service interruptions 4 V2-51
Requests for rate changes 41/2-48
Review of rates 41/2-47
Supp.No.19 1503
EULESS CODE
CABLE TELEVISION—Cont'd. Section
Records and reports 41/2-31
City's right to inspect 41/2-33
Regulatory entity
CATV advisory board, authority to establish 41/2-32
Repair and trouble-shooting force
Response to subscriber complaints or service requests . 4 V2-33
Requests for service
RF switch; installation upon subscriber request 41/2-67
RF switch; converter with parental lock 41/-67
Security fund 41/2-27
Service
Continuity of 41/2-25
Interruption of service; rebate of monthly fee 41/2-51
Time table for commencing 41/2-44
Unreasonable requests for
Standards for judging 41/2-44
Severability 41/2-7
Short title 41/2-1
Solicitation of subscribers
City approval of materials 41/2-45
Standby power , 41/2-66
Subscribers
Agreements and solicitation materials
City approval required 41/2-45
Date concerning
Acquisition of without authorization prohibited 41/2-59
Confidentiality of 41/2-58
Copy of data for subscriber required 41/s-60
Time table for commencing operations and service 41/2-44
Use of public property 41/2-61
User classes and divisions 41/2-46
Violations; penalties 41/2-8
Additional penalties for certain breaches 41/2-69
CALLING AND TRADES
Licenses and permits. See that title
CAMPING
Permits for camping in parks. See: Parks and Recreation
CANVASSERS
Peddlers,canvassers and solicitors. See that title
CARCASSES
Disposal of heavy dead animals. See: Garbage and Trash
CARTS
Traffic regulations. See:Traffic
Supp.No.19 1504
CODE INDEX
CEMETERIES Section
Funeral processions. See:Traffic
CHICKENS
Animals and fowl. See that title
CHIEF OF POLICE. See: Police Department
CHILDREN. See: Minors
CHIMNEYS
Air pollution control.See that title
CHURCHES
Alcoholic beverage establishments
Proximity of to churches, schools, etc. See: Alcoholic
Beverages
Poolroom proximity. See:Poolrooms and Billiard Parlors
Prohibited noises enumerated. See: Noises
CIGARETTE VENDING MACHINES
Coin-operated machines and devices. See that title
CIGARETTES
Regulation of smoking 8-115 et seq.
Smoking,regulation of.See that title
CITY
Defined 1-3
Liability of city for claims of property damage or personal
injury 2-12
CITY CODE.See:Code of Ordinances
CITY COUNCIL
Civil preparedness
Approval of city council required to spend public funds or
make contracts 4%-9
Defined 1-3
Municipal courts
Duties re. See: Municipal Courts
CITY LICENSES. See: Licenses and Permits
CITY MANAGER
Definitions 1-3
CITY OFFICERS.See:Officers and Employees
CITY SECRETARY
Definitions 1-3
Supp.No.19 1504.1
CODE INDEX
CONTRACTS AND AGREEMENTS—Cont'd. Section
Ordinances saved from repeal,other provisions not included
herein.See the preliminary pages and adopting ordinance
of this code
CORPORATIONS
Persons defined re 1-3
COUNCIL.See:City Council
COUNTY
Defined 1-3
COUNTY JUDGE
Disaster services council,duties re 4%-3
COURTS
General penalty for violations of code.See:Code of Ordinances
Municipal courts.See that title
COWS,CATTLE,ETC.
Livestock at large.See:Animals and Fowl
CRIME PUBLICATIONS
Obscene publications.See:Indecency and Obscenity
CROSSWALKS
Traffic regulations.See:Traffic
CROWDS
Unlawful assemblies.See:Assemblies
D
DALLAS-FORT WORTH REGIONAL JOINT AIRPORT ZON-
ING BOARD
Airport zoning board.See that title
DANGEROUS BUILDINGS
Moving of buildings.See:Buildings
DANGEROUS PREMISES,APPLIANCES,ETC.
Fire marshal authority re.See:Fire Marshal
DAYLIGHT SAVING TIME
Official time standard.See:Time
DEAD ANIMALS
Disposal of heavy dead animals.See:Garbage and Trash
DEFENSES
Defense of city employees;Officer and employee liability plan 2-110 et seq.
Officers and employees.See that title
Regulation of smoking,defenses 8-117
Smoking,regulation of.See that title
Supp.No.19
1506.1
.,••••••\
EULESS CODE
DEFINITIONS Section
General definitions for interpreting code 1-3
DEMOLITION
Prohibited noises enumerated.See:Noises
DEPARTMENTS AND OTHER AGENCIES OF CITY
Advisory board for social concerns.See that title
Air pollution control division.See:Air Pollution Control
Airport zoning board.See that title
Civil preparedness organization.See:Civil Preparedness
Civil service commission.See:Civil Service System
Disaster service council.See:Civil Preparedness
Fire department.See that title
Fire marshal.See that title
Hospital authority.See that title
Library department,library board.See:Libraries
Mutual law enforcement assistance.See:Police Department
Personnel of city in general.See:Officers and Employees
Planning and zoning commission.See that title
Police department.See that title
Tree board.See:Trees and Shrubbery
DETECTIVES
Private detectives and special officers.See that title
DEVELOPERS
Subdivisions.See that title
DIRTY LITERATURE
Obscene publications.See:Indecency and Obscenity
DISASTERS
Civil preparedness.See that title
DISCRIMINATION
Civil service system.See that title
DISEASE CONTROL
Rabies.See:Animals and fowl
Swimming pools.See that title
DOG RACING
Bookmaking.See that title
DOOR-TO-DOOR SALESMEN
Peddlers,canvassers and solicitors.See that title
DRAINAGE
Subdivision storm sewers.See:Subdivisions
Water and sewers.See that title
DRINKING
Eating and drinking establishments.See that title
Supp.No.19 1506.2
• CODE INDEX
DRIVER'S LICENSES Section
Vehicles for hire(taxicabs,etc.).See that title
DRUMS
Prohibited noises enumerated.See:Noises
DRUNKENNESS
Vagrancy provisions applicable to.See:Vagrancy
DUST
Air pollution control.See that title
E
EASEMENTS
Subdivision requirements.See:Subdivisions
EATING AND DRINKING ESTABLISHMENTS
Annual physical examination
Required of employees 8-62
Compliance required 8-60
Effective date of provisions 8-72
Employees
Annual physical examination required 8-62
Health cards.See within this title that subject
Number of,determining 8-71
Enforcement,authority 8-73
Health cards
Display 8.64
Fee not required 8-71
Required — ' = 8-61
Revocation 8-63
Penalty of violations 8-74
Permits
Application for 8-67
Authority to issue 8-66
Display 8-64
Duration 8-68
Fees 8-71
Renewal 8-69
Required 8-65
Suspension of 8-60
Transferable 8-70
Regulation of smoking 8-115 et seq.
Smoking,regulation of.See that title
United States public health service ordinance
Adopted 8-59
Violations,penalty 8-74
Supp.No.19 1507
EULESS CODE
ELDERLY Section
Homestead exemption for persons sixty-five or over.See:Taxation
ELECTRICAL FENCES
Prohibited 4-133(d)
ELECTRICITY
Apprentice electricians
Licenses.See within this title that subject
Code
Adopted 4-73
Contractors
License.See within this title that subject
Definitions 4-71
Electrical board
Created;membership;terms of office 4-72
Examination
Applicants for master or journeyman electrician license,re-
quired of 4-98(c)
Fees 4-98(d)
Grades 4.100
Inspectors and inspections
Additions to old work,approval of;clearance for connection. . 4-91
Assistant electrical inspectors 4-82 ^.
Concealment of work prior to inspection
Authority to demand uncovering 4-88
Disconnecting service 4-85
Hindering inspectors prohibited 4-84
New buildings under construction,inspection of. 4-87
Office of electrical inspector
Created;duties generally 4-81
Plants,inspection of;correction of defects 4-90
Reconnecting service
Approval required;exceptions 4-86
Reinspection,authority for;correction of defects 4-89
Removal of dead wires,unused poles or apparatus 4-92
Right of entry;power to arrest 4-83
Insurance requirements 4-115
Licenses
Apprentice electricians's license
Required;fee;restrictions 4-99
Contractor's license
When required;qualifications;application;fees;term 4-97
Examination.See within this title that subject
Failure to renew 4-102
Investigation of applicants;examination grades 4-100
Master electrician's or journeyman electrician's license
When required;examination;fees 4-98
Stipp.No.19 1508
CODE INDEX
ELECTRICITY—Cont'd. Section
Name under which issued 4-101
Reciprocity and recognition of other cities'licenses 4-104
Transfer and use of another's license to obtain permit prohibited 4-103
Supp.No.19 1509
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
Weeds 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.19 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
Right of entry 4-192
Applicability 4-173
Compliance 4-175
Conflicting provisions 4-176
Definitions 4-172
Flood hazard reduction
General standards 4-210
Shallow flooding areas,standards for 4-213
Specific standards 4-211
Subdivision proposal standards 4-212
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 4-194
Approval,denial 4-194
Development permit
Established 4-193
Procedures 4-194
Revocation 4-195
Purpose of provisions 4-170
Right of entry of administrator 4-192
Special flood hazard areas
Basis for establishing 4-174
Stop work orders 4-197
Variance procedures 4-196
Violations, penalties 4-198
Warning and disclaimer of liability 4-178
Supp.No.19 1514
CODE INDEX
FLOOD LANDS Section
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)
Regulation of smoking 8-115 et seq.
Smoking,regulation of.See that title
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 Solicitors
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
Supp.No.19
1514.1
EULESS CODE
FRANCHISES
Cable television.See that title
Ordinances saved from repeal, other provisions not included
herein. See the preliminary pages and the adopting ordi-
nance 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 poision.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.19
1514.2
CODE INDEX
HYDROPHOBIA Section
Rabies control.See:Animals and Fowl
I
IDLE PERSONS
Vagrancy provisions applicable to.See:Vagrancy
IMPOUNDMENT
Vehicles.See:Traffic
INDEBTEDNESS OF CITY
Ordinances saved from repeal, other provisions not included
herein. See the preliminary pages and the adopting ordi-
nance of this code
INDECENCY AND OBSCENITY
Obscene publications
Certain crime publications prohibited 11-32
Definitions 11-30
Minors,displaying to 11-15
Presumption from displaying 11-34
Prohibited 11-31
Scope of provisions 11-33
Violations,penalties 11-35
Swimming pools,indecent exposure at 11-4
Vagrancy provisions applicable to.See:Vagrancy
INDUSTRIAL WASTES.See:Water and Sewers
INFECTIOUS DISEASES.See:Disease Control
INFLAMMABLES
Fire prevention regulations.See:Fire Prevention
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
INSURANCE
Officers and employees,liability plan 2-110 et seq.
Officers and employees.See that title
INTERSTATE COMMERCE
Peddlers provisions.See:Peddlers,Canvassers and Solicitors
Supp.No.19 1519
EULESS CODE
ITINERANT SALESMEN Section
Peddlers,canvassers and solicitors.See that title
J
JOINT OWNER
Owner defined re 1-3
JUDGES
Municipal court judges.See:Municipal Court
JUKEBOXES
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 �1
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
Officers and employees,liability plan 2-110 et seq.
Officers and employees.See that title
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
Supp.No.19 1520
CODE INDEX
LICENSES AND PERMITS Section
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
Camping in parks.See:Parks and Recreation
Canvassers.See:Peddlers,Canvassers and Solicitors
Coin-operated machines and devices.See that title
Consecutive Saturday and Sunday sales
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, Canvassers
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.19 1520.1
CODE INDEX
OFFENSES Section
Fines,forfeitures and penalties.See that title
General penalty for violations of code. See: Code of
Ordinances
Miscellaneous offenses and provisions 11-1 et seq.
Specific penalties,regulations.See specific subjects
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and
the adopting ordinance of this code
OFFICERS AND EMPLOYEES
Air pollution control director. See: Air Pollution Control
Animal warden. See: Animals and Fowl
Civil preparedness. See that title
Civil service system. See that title
Compensation,salaries,etc.
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and the
adopting ordinance of this code
Coordinator of civil preparedness
Civil preparedness. See that title
County judge. See that title
Definitions and rules of construction 1-3
Departments and other agencies of city. See that title
Director of civil preparedness
�-- Civil preparedness. See that title
Fire department. See that title
Fire marshal. See that title
Fire prevention officer. See: Fire Prevention
Hospital authority. See that title
Liability plan
Cause of action,not creating 2-119
Coverage 2-111
Determination of 2-118
Limits 2-113
Defense 2-112
Definitions 2-110
Determination of coverage 2-118
Exclusions 2-115
Legal representation 2-117
Limits of coverage 2-113
No creation of cause of action 2-119
Period of plan 2-114
Subrogation 2-116
Library director. See:Libraries
Mayor. See that title
Supp.No.19 1525
EULESS CODE
OFFICERS AND EMPLOYEES—Cont'd. Section
Personnel policies, etc.
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and the
adopting ordinance of this code
Public works director.See:Flood Damage Prevention
OFFICIAL TIME STANDARD. See:Time
ONE-WAY STREETS
Designation and use. See: Traffic
ORDINANCES. See: Code of Ordinances
OUTDOOR ADVERTISING
Signs and billboards. See that title
OVERGROWTH. See: Weeds and Brush
OVERPASSES
Traffic regulations.See:Traffic
OWNER
Defined 1-8
PALMISTRY
Vagrancy provisions applicable to. See: Vagrancy
PARADES
Permits.See: Traffic
PARKING
Generally.See:Traffic
Parks,in.See:Parks and Recreation
PARKING AREAS
Street defined re 1-3
Streets in general.See:Streets and Sidewalks
PARKS,PLAYGROUNDS AND RECREATION
Alcoholic beverages prohibited 12-12
Animals
Teasing,injuring,killing 12-9
Building,constructing 12-6
Camping and activities
Permits 12-2(a)
Concessions 12-11
Definitions 12-1
Hours and seasons of use for parks and playgrounds 12-2(b)
Supp.No.19
1526
CODE INDEX
PARKS,PLAYGROUNDS AND RECREATION—Cont'd. Section
Lawns,grass,sidewalks,etc.
Multilating or destroying property,etc 12-8
Parking vehicles on 12-3
Library.See that title
Merchandise sale restricted 12-5
Parking of vehicles 12-3
Permits
Activities and camping 12-2(a)
Using parks, playgrounds, etc., at times other than estab-
lished hours and seasons 12-2(b)
Property
Removing,multilating,etc.
Generally 12-7
Trees,shrubs,fences,etc. 12-8
Reward for conviction of persons damaging 2-11
Reward for conviction of persons damaging property 2-11
Roadways and paths
Use of 12-4
Structures,erecting 12-6
Subdivision sites.See:Subdivisions
Swimming pools
Fees,hours of operation,general policy 12-10
Trees,shrubs,fences,etc.
Removing,breaking,multilating 12-8
Use of parks,playgrounds,etc.
Generally 12-2(a)
Permits for activities and camping 12-2(a)
Vehicles
Parking 12-3
Use of roadways and paths 12-4
Violations, penalties 12-12
Supp.No.19
1526.1
CODE INDEX
RECREATION. See: Parks and Recreation Section
REFUSE
Wholesale accumulations,etc. See: Garbage and Trash
REGIONAL ZONING BOARD
Airport zoning board. See that title
RESTAURANTS
Eating and drinking establishments 8-59 et seq.
Eating and drinking establishments.See that title
Regulation of smoking 8-115 et seq.
Smoking,regulation of.See that title
Wholesale accumulations of refuse.See:Garbage and Trash
RETAIL FOOD STORES
Regulations 8-100 et seq.
Food and food service establishments.See that title
REWARDS
Arson reward. See: Fire Prevention
Supp.No.19 1532.1
CODE INDEX
SIGNS AND BILLBOARDS—Cont'd. Section
Penalties _____ 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
Required - --- - - — --- --- 4-41
Revocation ________—_____—___— — 4-46
Special signs 4-45
Playbills, posting ___—____ 4-56
Private property
Signs on _ __— 4-60
Regulation of smoking,posting of notice 8-116,8-118
Smoking,regulation of.See that title
Swinging signs ____________ 4-53
Theater bills, circus bills, amusement bills, etc. 4-56
Thoroughfares, proximity —__ 4-62
Traffic hazards, creating 4-51
Violations, penalties __ — 4-50
SLAUGHTERHOUSES
Wholesale accumulations of refuse. See: Garbage and
Trash
SMOKE
Air pollution control. See that title
SMOKING,REGULATION OF
Defenses 8-117
Definitions 8-115
Notice,posting 8-118
Posting of notice 8-118
Prohibited
Defenses 8-117
Designated areas . 8-116
Receptacles for extinguishment of smoking materials,placing
of 8-118
Violation, penalty 8-119
SOCIAL CONCERNS
Advisory board for social concerns.See that title
SOLICITORS
Peddlers,canvassers and solicitors.See that title
Supp.No.19 1535
EULESS CODE /""\
SOUND AMPLIFIERS Section
Prohibited noises enumerated. See: Noises
SPECIAL OFFICERS. See: Private Detectives and
Special Officers
SPRING GUNS
Defined. See: Firearms and Weapons
STANDARD TIME.See: Time
STATE
Defined 1-3
STEAM WHISTLE
Prohibited noises enumerated.See:Noises
STOLEN PROPERTY
Vagrancy provisions applicable to.See:Vagrancy
STORM SEWERS
Subdivisions,in.See:Subdivisions
STREETS AND SIDEWALKS
Assembling,interfering with use of streets 11-5
Barricades
Applicability of standards 13-22
Definitions 13-21
Emergency situations 13-30
Permit
Application 13-23
Approval or disapproval of application 13-27
Fee 13-24
Required; exception 13-22
Revocation 13-28
Restoration of roadway after 13-29
Plans 13-25
Safety requirements 13-26
Traffic-control devices 13-26
Violation; penalty 13-31
Corners of streets
Street trees,distance from curb.See:Trees and Shrubbery
Curbs
Street trees,distance from curb.See:Trees and Shrubbery
Driving on sidewalks.See:Traffic
House moving.See:Buildings
Littering.See:Garbage and Trash
Moving buildings.See:Buildings
Obstructions
Interfering with use of streets 11-5
Moving buildings.See:Buildings
Supp.No.19 1536
CODE INDEX
STREETS AND SIDEWALKS—Cont'd. Section
Signs and Billboards.See that title
Weeds obstructing visibility,etc.See:Weeds and Brush
Ordinances saved from repeal, other provisions not included
herein. See the preliminary pages and the adopting ordi-
nance of this code
Placing materials on streets 13-1
Littering,garbage placement,etc.See:Garbage and Trash
Public assemblies
Failure to disperse when ordered 11-5
Sidewalks
Street tree species,distance from sidewalks. See:Trees and
Shrubbery
Signs and billboards, proximity to thoroughfares. See: Signs
and Billboards
Street
Defined 1-3
Street rental for taxicabs.See:Vehicles for Hire(taxicabs,etc)
Street trees.See:Trees and Shrubbery
Subdivision streets,sidewalks,improvements.See:Subdivisions
Traffic.See that title
Utility facilities extensions
Without authority 13-2
Vehicles for hire(taxicabs,etc.).See that title
STROLLERS OR WANDERERS
Vagrancy provisions applicable to.See:Vagrancy
Supp.No.19 1536.1
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 ordi-
nance of the code
State law adopted;additional penalty on delinquent taxes 5-01
Telecommunications services tax
General provisions 5-45
Offset to or reduction in amount payable by providers of
services
Tax not to serve as 5-46
TAXICABS.See:Vehicles for Hire(taxicabs,etc.)
TELECOMMUNICATIONS
Telecommunications services tax 5-45 et seq.
Taxation.See that title
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
Supp.No.19 1540.1
EULESS CODE
TOBACCO Section
Regulation of smoking 8-115 et seq.
Smoking,regulation of.See that title
TOW TRUCKS.See:Vehicles for Hire(wreckers and tow trucks)
TRADES AND CALLINGS
Licenses and permits.See that title
TRAFFIC
Abandoned vehicles. See: Abandoned, Derelict, Lost
Personal Property
Accidents
Bullet-struck vehicles, reporting ______ ___—____ 14-38
Damage to vehicle, involving ____—___ —________ 14-35
Driver
Duty to stop, etc. 14-35 et seq.
Fixtures on highways, striking 14-37
Garages to keep records and reports .. 14-38
Interference by driver of wrecker trucks 14-34
Moving of vehicles
Prohibited,exceptions—_ ____ _ 14-33
Negligent collisions 14-39
Officers other than city and state employees 14-32
Reports
Driver and witnesses _ __ .._______ ________ 14-30
Occupants ______________ 14-31
Unattended vehicle, striking ______ _—__— 14-36
Vehicles for hire (ambulances). See that title
Wrecker trucks
Interference by driver of 14-34
Vehicles for hire (wrecker and tow trucks). See
that title
Additional or special regulations 14-2
Advertising
Unauthorized signals or markings. See within this
title: Traffic-control Signs, Signals and Devices
Vehicle display --__ _ 14-99
Alleys
Parking restrictions. See within this title: Parking,
Stopping and Standing
Vehicle emerging from ______—___________.._—__ 14-89
Ambulances
Authorized emergency vehicles. See within this title
that subject
Vehicles for hire (ambulances). See that title
Animals and animal-drawn vehicles
Applicability -- —— -- 14-7
Supp.No.19 1540.2
CODE INDEX
TRAFFIC—Cont'd. Section
Angle parking
Parking restrictions. See within this title: Parking,
Stopping and Standing
Arrests
Fleeing from or evading police —___ 14-5
Traffic violations bureau. See within this title that
subject
Supp.No.19 1541
CODE INDEX
WATER AND SEWERS—Cont'd. Section
Emergency powers of mayor 16-4
Falsifying information 16-10(b)
Fees,rates and charges
Billing 16-6
Connection fee 16-21
Delinquency and service discontinuance 16-7
Industrial cost recovery 16-26
Location changes 16-2
Monitored group class 16-25
Purpose 16-20
Reconnection of service 16-24
Schedule of monthly rates 16-23
Wastewater collection and treatment 16-40(c)
Water deposits 16-22
Flood damage prevention.See that title
Industrial cost recovery 16-26
Location changes 16-2
Mayor's emergency power 16-4
Meters
Water metering or wastewater metering required 16-9
Penalty;costs 16-10
Permits
Wastewater discharge permits. See within this title:Waste-
water Collection and Treatment
Rates and charges.See within this title:Fees,Rates and Charges
Rules,regulations,policies and procedures 16-1
Service connections 16-5
Sewage service
Outside city limits 16-8
Wastewater collection and treatment. See within this title
that subject
Subdivision improvements.See:SUBDIVISIONS
Swimming pools.See that title
Theft of city services 16-3
Utilities.See also that title
Extensions of facilities without authority 13-2
Streets and sidewalks.See also that title
Wastewater collection and treatment
Abbreviations 16-42
Accidental discharges 16-61
Application of provisions 16-40(d)
City's right of revision 16-59
Confidential information 16-75
Definitions 16-41
Direct and indirect contributors
Provisions for 16-40(c)
Discharge prohibitions
General 16-55
Supp.No.19 1557
EULESS CODE
WATER AND SEWERS—Cont'd. Section
Excessive discharge 16-60
Federal categorical pretreatment standards 16-56
Modification 16-57
Fees
Setting 16-40(c)
Harmful contributions 16-76
Inspection and sampling 16-73
Legal action 16-80
Metering required 16-9
Monitoring and enforcement
Authorization 16-40(c)
Monitoring facilities 16-72
Objectives 16-40(b)
Permits.See within this subtitle:Wastewater Discharge Permits
Pretreatment 16-74
Purpose and policy 16-40(a)
Reporting requirements for permittee 16-71
Show cause hearing 16-79
State requirements 16-58
Violations
Notification 16-78
Wastewater discharge permits
Application;fee;required information 16-70(c)
Conditions 16-70(e)
Discharge without permit prohibited 16-70(a)
Duration 16-70(f)
Modifications 16-70(d)
Reporting requirements for permittee 16-71
Required 16-70(b)
Revocation 16-77
Transfer 16-70(g)
Water supply and distribution
Deposits 16-22
Metering required 16-9
WATERCOURSES
Subdivision drainage.See:Subdivisions
WEAPONS.See:Firearms and weapons
WEEDS AND BRUSH
Abatement of nuisances.See within this title:Nuisances
Administrative fee 7-29
Compliance required 7-31
Duty to keep property clear 7-27
Failure to comply
Abatement of nuisances.See within this title:Nuisances
Maximum height 7-27
Supp.No.19
1558
CODE INDEX
WEEDS AND BRUSH—Cont'd. Section
Nuisances
Abatement of nuisances
Collection of abatement cost 7-29
Compliance required 7-31
Failure to comply;notification 7-28
Compliance required 7-31
Declared 7-26
Presumption of public nuisance 7-27
Person,defined 7-25
Public nuisances.See within this title:Nuisances
Violations,penalty 7-30
Fire prevention code,etc.See:Fire Prevention
Littering,other regulations re.See:Garbage and Trash
WEIGHTS AND MEASURES
Itinerant vendors,misrepresentations of.See:Peddlers,Canvass-
ers and Solicitors
WELFARE
Vagrancy provisions applicable to.See:Vagrancy
WHISTLES
Prohibited noises enumerated.See:Noises
WORDS AND PHRASES
General definitions and rules of construction 1-3
WRECKERS.See:Vehicles for Hire(Wreckers and tow trucks)
WRITS,WARRANTS AND OTHER PROCESSES
Air pollution control enforcement provisions. See: Air Pollu-
tion Control
Electrical inspector,hindering,power of arrest,etc.See:Electricity
Fire marshal authority.See:Fire Marshal
WRITTEN OR IN WRITING
Definitions 1-3
Y
YEAR
Defined 1-3
YELLING,SHOUTING AND HOOTING
Prohibited noises enumerated.See:Noises
Z
ZIP GUN
Defined.See:Firearms and Weapons
Supp.No.19 1559
EULESS CODE
ZONING Section
Air pollution control.See that title
Aircraft exposure zone
Subdivisions(Appendix B).See that title
Airport zoning board.See that title
Building code.See:Buildings
Church,school,hospitals
Poolrooms proximity.See:Poolrooms and Billiard Parlors
Fire prevention provisions re location of establishment, etc.
See:Fire Prevention
Garage sales.See:Occasional and Garage Sales
Generally Appendix A(notes)
Occasional and garage sales.See that title
Ordinances saved from repeal, other provisions not included
herein. See the preliminary pages and the adopting ordi-
nance of this code
Planning and zoning commission.See that title
Poolrooms and billiard parlors.See that title
Signs and billboard.See that title
Storage of inflammables,etc.See:Fire Prevention
Swimming pools and swimming pool enclosures. See: Swim-
ming Pools
Supp.No.19
1560