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HomeMy WebLinkAboutSupplement No. 20 - 1974 Code of Ordinances SUPPLEMENT NO.20 CODE OF ORDINANCES City of EULESS,TEXAS Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Resolution No. 87-662,enacted November 10, 1987. See Code Comparative Table,page 1478. Remove old pages Insert new pages xiii, xiv xiii—xiv.i Checklist of up-to-date pages (following Table of Contents) 207-224 207-231 289-300.1 289-300.1 539, 540 539-540.1 1039, 1040 1039, 1040 1163, 1164 1163-1164.2 1477 1477, 1478 ti Index pages Index pages 1498.1-1500 1499-1500.2 1535-1536.1 1535-1536.1 1544.1 1544.1 1549, 1550 1549, 1550 Insert this instruction sheet in front of volume. File removed pages for reference. MUNICIPAL CODE CORPORATION Tallahassee, Florida March,1988 Note—A new checklist of pages in Code is included, following Table of Contents. TABLE OF CONTENTS Page Officials of City at Time of Codification iii Preface v Ordinance Adopting Code ix Checklist of Up-to-Date Pages [1] 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.20 xiii EULESS CODE Chapter Page 21/4. Alarm Systems 173 21/. Alcoholic Beverages. 183 3. Animals and Rabies Control 207 Art. I. General Provisions 207 Art. II. Estrays 223 Art. III. Rabies Control 227 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 288.1 Div. 1. Generally 288.1 Div. 2. Inspectors 291 Div. 3. Licenses 294 Div. 4. Permits 297 Art. V. Plumbing and Gas Fitting 299 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 41/2. Cable Television 309 Art. I. In General 309 Art. II. Administration 316 Art. III. Operation Regulations 329 43. 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 Supp.No.20 xiv TABLE OF CONTENTS—Cont'd. Chapter Page Art. II. Fire Department 454 Art. III. Fire Marshal 456 Supp.No.20 xlv.1 Checklist of Up-to-Date Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on a page-for-page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and re- moved in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp.No. Page No. Supp.No. Title page OC 12.1 2 iii OC 13, 14 OC v, vi OC 15, 16 OC vii OC 17, 18 OC ix, x OC 19, 20 OC xi,xii OC 21, 22 OC xiii, xiv 20 23, 24 OC xiv.i 20 25,26 2 xv, xvi 19 26.1 2 1,2 2 27, 28 OC 3, 4 OC 29,30 2 5, 6 OC 31, 32 OC 7, 8 OC 33,34 2 9, 10 2 35, 36 OC 11, 12 2 37, 38 OC Supp.No.20 [1] EULESS CODE �\ Page No. Supp.No. Page No. Supp.No. 39, 40 OC 225,226 20 41, 42 OC 227,228 20 43, 44 OC 229,230 20 45, 46 OC 231 20 47, 48 OC 263,264 19 49 OC 265 18 95 2 267 3 99, 100 OC 279, 280 OC 101, 102 OC 281, 282 OC 103, 104 16 283, 284 OC 153, 154 19 285,286 7 155, 156 V 1 287,288 13 157,158 14 289,290 20 158.1, 158.2 18 291,292 20 159, 160 3 293,294 20 161, 162 3 295,296 20 163,164 9 297,298 20 165, 166 17 299, 300 20 i--...„ 167, 168 17 300.1 20 169, 170 19 301,302 14 171, 172 19 303,304 14 172.1, 172.2 19 305,306 14 172.3 19 307,308 14 173, 174 18 308.1,308.2 14 175, 176 18 308.3,308.4' 19 177, 178 18 308.5,308.6 19 179, 180 18 308.7,308.8 19 181 18 308.9,308.10 19 183, 184 4 308.11,308.12 19 185 13 308.13,308.14 19 207,208 20 308.15,308.16 19 209,210 20 308.17,308.18 19 211,212 20 308.19,308.20 19 213,214 20 308.21,308.22 19 215,216 20 308.23 19 217,218 20 309,310 6 219,220 20 311,312 6 221,222 20 313,314 6 223,224 20 Supp.No.20 [2] CHECKLIST OF UP-TO-DATE PAGES � -- Page No. Supp.No. Page No. Supp.No. 315,316 6 465,466 18 317,318 6 467,468 18 319,320 6 469,470 5 321,322 6 470.1 5 323,324 6 471, 472 OC 325,326 6 473, 474 OC 327,328 6 475,476 5 329,330 6 525,526 5 331,332 6 526.1 5 333,334 6 527, 528 OC 335,336 6 529, 530 OC 337,338 6 531,532 19 339,340 6 533,534 19 341,342 6 534.1,534.2 19 343,344 6 535,536 5 345,346 8 537, 538 OC 347,348 8 539,540 20 349,350 13 540.1 20 351,352 19 541,542 5 �� 353,354 9 543 13 355,356 11 589,590 19 357,358 19 591, 592 OC 359 19 593, 594 OC 435,436 18 595, 596 OC 437,438 18 597, 598 OC 439,440 18 599, 600 OC 441,442 18 601, 602 OC 443,444 18 603,604 4 445,446 19 605,606 4 446.1 19 607,608 14 447,448 18 609,610 13 449,450 18 611,612 10 451,452 19 613,614 10 453, 454 OC 615,616 10 455, 456 OC 617,618 19 457, 458 OC 619,620 19 459, 460 OC 621 19 461, 462 OC 655 OC 463, 464 OC 755,756 9 Supp.No.20 �� [3l EULESS CODE �� Page No. Supp.No. Page No. Supp.No. 756.1 1 961,962 7 757, 758 OC 963 13 759, 760 OC 1003, 1004 OC 761, 762 OC 1005, 1006 OC 763, 764 OC 1007, 1008 OC 765, 766 OC 1009, 1010 OC 767, 768 OC 1011, 1012 OC 769, 770 OC 1013, 1014 OC 771,772 9 1015, 1016 OC 772.1 9 1017, 1018 OC 773, 774 OC 1019, 1020 6 775,776 9 1021, 1022 6 776.1 9 1022.1, 1022.2 7 777, 778 OC 1022.3, 1022.4 7 779, 780 OC 1022.5, 1022.6 13 781,782 1 1022.7, 1022.8 13 783,784 1 1022.9, 1022.10 13 785,786 1 1023, 1024 OC ,.--,„ 787,788 14 1025, 1026 17 789,790 1 1026.1 18 791,792 1 1027, 1028 OC 793,794 1 1029, 1030 OC 795 13 1031, 1032 OC 837, 838 OC 1033, 1034 OC 839, 840 OC 1035,1036 9 841, 842 OC 1037, 1038 16 843, 844 OC 1039, 1040 20 845,846 15 1089, 1090 OC 846.1 15 1091, 1092 OC 847, 848 OC 1093, 1094 OC 849 OC 1095, 1096 OC 899,900 2 1097, 1098 OC 901,902 14 1099, 1100 OC 903,904 14 1101, 1102 8 905,906 14 1103,1104 8 953,954 7 1105, 1106 OC 955,956 7 1107, 1108 OC 957,958 7 1159, 1160 14 959,960 7 1161, 1162 14 ^\ Supp.No.20 [41 CHECKLIST OF UP-TO-DATE PAGES � - Page No. Supp.No. Page No. Supp.No. 1163, 1164 20 1337, 1338 7 1164.1,1164.2 20 1339, 1340 16 1165, 1166 18 1340.1, 1340.2 16 1166.1 17 1341, 1342 OC 1167, 1168 14 1343, 1344 OC 1169, 1170 14 1345, 1346 OC 1171, 1172 14 1347, 1348 OC 1173, 1174 14 1349, 1350 OC 1175, 1176 14 1351, 1352 OC 1177, 1178 14 1353, 1354 OC 1179, 1180 14 1354.1, 1354.2 5 1181, 1182 14 1354.3, 1354.4 7 1183, 1184 14 1354.5 7 1185, 1186 14 1355, 1356 5 1187, 1188 14 1357, 1358 7 1189, 1190 14 1359, 1360 5 1191 14 1361 OC 1215 OC 1461, 1462 19 1315, 1316 OC 1463, 1464 19 ��. 1317, 1318 OC 1465, 1466 19 1319, 1320 14 1467, 1468 19 1320.1, 1320.2 7 1469, 1470 9 1321, 1322 15 1471, 1472 9 1322.1 15 1473, 1474 14 1323, 1324 9 1475, 1476 18 1324.1, 1324.2 12 1477, 1478 20 1325 12 1481, 1482 OC 1326.1, 1326.2 9 1483, 1484 OC 1327, 1328 12 1485, 1486 OC 1329, 1330 12 1487, 1488 OC 1330.1 12 1489, 1490 OC 1331, 1332 9 1491, 1492 OC 1332.1, 1332.2 9 1493, 1494 OC 1332.3, 1332.4 13 1495 OC 1332.5, 1332.6 13 1497, 1498 12 1333, 1334 15 1499, 1500 20 1335, 1336 15 1500.1, 1500.2 20 1336.1 15 1501, 1502 9 Supp.No.20 �0, [5] EULESS CODE �—...„ Page No. Supp.No. Page No. Supp.No. 1502.1,1502.2 15 1530.1 9 1503,1504 19 1531, 1532 8 1504.1 19 1532.1 19 1505, 1506 8 1533, 1534 15 1506.1, 1506.2 19 1535, 1536 20 1507, 1508 19 1536.1 20 1509 19 1537, 1538 12 1510.1, 1510.2 18 1539, 1540 9 1511, 1512 17 1540.1, 1540.2 19 1513, 1514 19 1541 19 1514.1, 1514.2 19 1542.1 17 1515, 1516 5 1543, 1544 16 1517,1518 16 1544.1 20 1519, 1520 19 1545, 1546 OC 1520.1 19 1547, 1548 16 1521, 1522 1 1549,1550 20 1522.1 15 1551, 1552 OC 1523, 1524 7 1553, 1554 17 �-...\ 1525, 1526 19 1554.1 17 1526.1 19 1555, 1556 14 1527, 1528 9 1557, 1558 19 1529, 1530 9 1559, 1560 19 Supp.No.20 [6] Chapter 3 ANIMALS AND RABIES CONTROL* Art. I. General Provisions,§§3-1-3-39 Art. II. Estrays,§§3-40-3-60 Art. III. Rabies Control,§§3-61-3-68 ARTICLE I. GENERAL PROVISIONS Sec. 3-1. Preamble. The animal control regulations as herein established have been made for the purpose of promoting the health, safety, morals and general welfare of the City of Euless. This chapter contains stand- ards regulating the use, type, location, maintenance, registra- tion, confinement, destruction and harboring of certain animals. The intent of these regulations, prohibitions and provisions is to protect property values within the city, to enhance the quality of life of persons,pets and other animals, and to protect the general �—� public from damage and injury which may be caused by unregu- lated animals. (Ord. No. 955, Art. I, 11-10-87) Sec. 3-2. Definitions and construction. For the purpose of this chapter, the following terms, phrases, words or their derivation shall have the meaning given herein. When not inconsistent with the context,words used in the plural number include the singular and words used in the singular *Editor's note—Ordinance No.955,adopted Nov. 10,1987,amended the Code by repealing former Ch.3,§§3-1-3-35,and adopting in lieu thereof a new Ch.3, pertaining to the same subject matter. Formerly Ch. 3 was derived from the following ordinances: Ord.No. Sec. Date Ord.No. Sec. Date 500 Art.I 3-23-76 613 I 3-25-80 513 1 12-14-76 792 3 5-22-84 These new provisions added by Ord.No.955 included provisions pertaining to the caption headings,a saving clause and emergency provisions which the editor, because of their general administrative nature,has not included herein. Cross reference—Teasing,injuring or killing animals in parks, § 12-9. Supp.No.20 207 §3-2 EULESS CODE §3-2 include the plural number. The word "shall" is always manda- tory and not merely directory. Animal. Any living,vertebrate creature, domestic or wild, other than homo sapiens. Animal control officer. An employee or employees of the City of Euless, Texas, designated by the city manager to supervise the operation and maintenance of the Euless Animal Shelter and to carry out and enforce the provisions of this chapter. Estray (Livestock). Domestic animals generally used or raised on a farm for profit or use, including, but not limited to, a stal- lion, horse, mare, gelding, filly, colt, mule, jinny, jack, jennet, sheep, goat or any species of cattle, but specifically excluding prohibited animals. Owner. Any person,firm or corporation or association owning, keeping or harboring one or more animals. An animal shall be deemed to be owned by a person, firm or corporation or associa- tion who shall harbor, feed or shelter such animal for more than three(3)consecutive days. Pet animals. Shall include dogs, cats, rabbits, rodents, birds, fish and any other species of animal, except prohibited animals, which are kept for pleasure rather than utility. Prohibited animals. Including,but not limited to,the following: (1) Class reptilia: a. Family Helodermatidae(the venomous lizards)and all Varanidae(monitor); b. Order Ophidia, Family Biodae (boas, pythons, anacon- das); Family Hydrophiidae (marine snakes); Family Viperidae (rattlesnakes, pit vipers and true vipers); Family Elapidae (coral snakes, cobras and mambas); Family Colubridae-Dispholidus Typus(boomslang);Bioga dendrophila(mangrove snake)and Kirtlandii(twig snake) only; c. Order Crocodilia(such as crocodiles and alligators); (2) Class Ayes: Order Falconiforms (such as hawks, eagles, falcons and vultures) and Subdivision Raptae (such as os- triches, rheas, cassowaries and emus); Supp.No.20 208 §3-2 ANIMALS AND RABIES CONTROL §3-2 (3) Class Mammalict.• a. Order Carnivores, the Family Felidae (such as lions, tigers, bobcats,jaguars, leopards and cougars), except commonly domesticated cats; the Family Canidae(such as wolves, dingos, coyotes, foxes and jackals), except commonly domesticated dogs; the Family Mustelidae (such as weasels, skunks, martins, minks, badgers); Family Procyonidae(racoon); Family Ursidae(such as bears); b. Order Marsupialia(such as kangaroos, oppossums, koala bears, wallabys,bandicoots, and wombats); c. Order Chiroptera(bats); d. Order Edentata (such as sloths, anteaters, and armadillos); e. Order Proboscidea(elephants); f. Order Primata (such as monkeys, chimpanzees, orang- utans and gorillas); g. Order Rodentia(such as beavers, porcupines); and h. Order Ungulata (such as antelope, deer, bison and camels); (4) Class Amphibia.• Poisonous frogs. Prohibited animals shall also include nonpoisonous snakes of a species which reaches a length greater than six (6) feet, those species of fish the possession of which is prohibited by state law, and pigs, including hogs or sows. Prohibited animals shall not include birds kept or maintained for educational or rehabilitative purposes by persons holding permits therefor from the Texas Department of Parks and Wild- life or the United States Department of Fish and Wildlife. Rabies vaccination. Shall mean the vaccination of a dog, cat or other domestic animal with an anti-rabies vaccine approved by the state department of health and administered by a veterinar- ian licensed by the State of Texas. Residential premises. Any property zoned for or utilized as a multi-family,four-plex,tri-plex,duplex,single-family dwelling or mobile home. Supp.No.20 209 § 3-2 EULESS CODE §3-3 �••\ Running at large. To be free of restraint as provided in section 3-4 hereof. Vicious animal. Any animal that bites or otherwise attacks or by its behavior constitutes a physical threat to any human being or other animal without provocation.(Ord.No.955,Art.II, 11-10-87) Sec. 3-3. Impoundment. Animals owned or harbored in violations of this chapter or any other ordinance or law of the State of Texas shall be taken into custody by an animal control officer or other designated official and impounded under the provisions of this chapter. (a) Disposition of impounded animal. Reasonable effort shall be made by the animal control officer to contact the owner of any animal impounded which is wearing a current vac- cination tag; however, final responsibility for location of an impounded animal is that of the owner.Any impounded animal may be redeemed upon payment of the impound- ment fee, care and feeding charges, veterinary charges, rabies vaccination charges, and other such costs as set by the animal control officer. If such animal is not redeemed within two (2) days after notification to the owner, where- the owner is known, it shall be deemed abandoned and may be placed for adoption, subject to payment of the adoption fee, rabies vaccination charges, and such other cost as set by the animal control officer, or disposed of by means approved by the animal control officer. Once an animal, where ownership is unknown or the owner cannot be located, has been impounded for a period of seventy-two (72)hours, and not redeemed by the owner, the animal control officer shall dispose of the animal,place the animal for adoption or sale, or turn the animal over to the Department of Parks and Recreation for display in public zoos. If the animal is placed for sale, the animal control officer shall publish in a newspaper of general circulation the description of the animal, the name of the owner, if known, that the sale will be for the purpose of defraying cost of impounding, the location and hour of the sale, and that the sale will be held on the next regular business day of the city after date of publishing of notice Supp.No.20 210 §3-3 ANIMALS AND RABIES CONTROL §3-4 of sale. If the animal is not sold at the sale, the animal control officer may otherwise dispose of it or offer it for sale again. An owner paying a vaccination fee shall be given a receipt for the vaccination payment which can be redeemed by his veterinarian by submitting the receipt. Failure to obtain the vaccination within seventy-two (72) hours of reclaiming the animal shall authorize reimpound- ment and/or a citation being written. (b) Disposition of impounded animal being held on complaint. If a complaint has been filed in the municipal court of the city against the owner of an impounded animal for a viola- tion of this chapter, the animal shall not be released ex- cept on the order of the court, which may also direct the owner to pay any penalties for violation of this chapter, in addition to all impounded fees. Surrender of an animal by the owner thereof to the animal control officer does not relieve or render the owner immune from the decision of the court,nor to the fees and fines which may result from a violation of this chapter. (c) Removal of dogs and cats from confinement. It shall be unlawful for any person to remove from any place of con- finement or quarantine any dog,cat or other animal which has been confined or quarantined as authorized by this chapter, without the consent of the animal control officer. (d) Impoundment by citizen. If any animal is found upon the premises of any person, the owner or occupant of such premises shall have the right to confine such animal in a humane manner pending notification and impoundment by the animal control officer. When so notified, it shall be the duty of the animal control officer to impound such animal as herein provided. (Ord. No. 955, Art. III, § 3-2, 11-10-87) Sec. 3-4. Animals running at large—Generally. (a) It shall be unlawful for any person owning an animal to permit such animal to run at large. (b) An animal shall be running at large unless it is restrained under the following circumstances: Supp.No.20 211 §3.4 EULESS CODE §3-5 (1) It is securely caged or confined to its owner's home or yard, which yard is enclosed by a fence of sufficient strength and height to prevent the animal from escaping therefrom or secured on the premises by a chain, leash or other re- straining line of sufficient strength to prevent the animal from escaping from the premises and so arranged that the animal will remain upon the premises when the chain, leash or restraining line is stretched to full length. No such chain, leash or restraining line shall be less than ten (10)feet in length. (2) It is accompanied by its owner or trainer at a bona fide show,field trial or exhibition. (3) It is secured by a leash or rein of sufficient strength to restrain and control the animal. (4) It is a guard dog appropriately registered under the provi- sions of section 3-18 of this chapter and is in the perfor- mance of duty in an enclosed building or securely fenced and locked area marked as provided in section 3-18 of this chapter. (c) Any officer or citizen of the City of Euless is hereby author- ized to take up and deliver to the animal control officer any animal that may be found running at large in the corporate limits of the city. (d) Any peace officer or animal control officer of the city is authorized to impound any animal running at large or otherwise found in violation of this chapter. In the event the animal run- ning at large or in violation of this chapter is on private property, or property of the animal's owner, such peace officer or animal control officer may enter such premises, other than a private dwelling, for the purpose of impoundment or the issuance of a citation, or both, subject to the applicable provisions of the law. (Ord. No. 955, Art. III, § 3-3, 11-10-87) Sec. 3-5. Same—Fowl. It shall be unlawful for any person or persons, association of persons, firm or corporation to permit, suffer or allow any chick- ens, ducks, turkeys, geese or other fowl owned, kept or possessed Supp.No.20 212 §3-5 ANIMALS AND RABIES CONTROL §3-7 �-� by them or under their control to run at large outside of a cage or pen. (Ord. No. 955, Art. VI, § 3-27, 11-10-87) Sec. 3-6. Confinement during estrus. Any unspayed female dog or cat in the state of estrus (heat) shall be confined during such period of time in a house,building or secure enclosure, and said area or enclosure shall be so con- structed that no other dog or cat from outside such enclosure may gain access to the confined animal. Owners not complying may be ordered by an animal control officer to remove the animal in heat to a boarding kennel,veterinary hospital or animal shelter. All expenses incurred as a result of such confinement shall be the responsibility of the owner. Failure to comply with the removal order of an animal control officer shall be a violation of this chapter and the dog or cat may impounded as prescribed herein. (Ord. No. 955, Art. III, § 3-4, 11-10-87) Sec. 3-7. Adoption of dogs or cats. The animal control officer shall be authorized to place for adop- �� tion dogs or cats impounded by the city under the following conditions: (a) The animal control officer shall be the sole judge as to whether a cat or dog is healthy enough for adoption, and its health and age adequate for vaccination. However, such decision by the animal control officer shall not constitute a warranty of the health or age of the animal. (b) All dogs and cats which are adopted through the city ani- mal shelter shall be surgically altered to prevent repro- duction in that animal. The person-adopting the animal shall sign an agreement stating that he/she will have said adult dog or cat(females over age six(6)months,males over nine(9)months of age)surgically altered within thirty(30) days of adoption. Immature dogs and cats shall be altered by date designated in the adoption agreement. (c) It shall be the responsibility of the person adopting such animal to provide proof of altering to the animal control officer. Supp.No.20 213 § 3-7 EULESS CODE §3-8 (d) In the event the cat or dog to be adopted is four(4)months of age or older,the adoption fee will be ten dollars($10.00) for dogs and five dollars($5.00)for cats. In addition to the adoption fee,if said cat or dog is not licensed or vaccinated, the adopting person shall present to the animal control officer: (1) The license fee as set forth in this chapter. (2) In the event said cat or dog is not vaccinated for ra- bies, a fee of ten dollars ($10.00) for the issuance of a receipt, which the adopting person shall present to any veterinarian in Tarrant County, Texas, within three(3)days for vaccination of the adopted cat or dog. The veterinarian may present the certificate with a statement verifying the vaccination to the animal con- trol officer for receipt of the prepaid fee for administer- ing the rabies vaccination. (e) In the event the dog or cat to be adopted is under four (4) months of age, the rabies vaccination will not be required until the animal is at least three (3)months of age but no later than four(4)months of age. (f) Failure to comply with this section or failure to comply with the terms of the above agreements shall give the animal control officer the right to recover and impound the adopted animal in question and revoke the owner's permit. Such failure shall also constitute a violation of this chapter. (g) The adoption fee shall be set to render neutral the cost of surgically altering, medicating and preparing said animal for adoption. (h) Receipts for rabies vaccinations or for neutering that are lost may be replaced upon payment of a fee set by the animal control officer. (Ord. No. 955, Art. III, § 3-5, 11-10-87) Sec. 3-8. Fees. The following fees are established beginning with the effective date of this chapter. All fees may be changed by the city council or the city manager without notice. The fee schedule shall be Supp.No.20 214 §3-8 ANIMALS AND RABIES CONTROL §3-8 posted in the city offices for ten (10) days and will become effec- tive at the end of such period. (a) Impoundment of neutered or spayed animal: First impoundment $10.00 Second impoundment 25.00 Third impoundment 35.00 Fourth impoundment 85.00 (b) Impoundment of unneutered or spayed animals: First impoundment 25.00 Second impoundment 50.00 Third impoundment 75.00 Fourth impoundment 175.00 (c) If proof of rabies vaccination cannot be provided, then the current vaccination fee will be charged before the animal is released to its owner 10.00* *The current fee charged by local veterinarians is subject to change without notice. (d) Feed and care per day 5.00 Quarantine fee,with food,per day 5.00 Quarantine fee,with owner furnishing food,per day 3.00 (e) City license 5.00 (f) Impoundment at owner's request: If picked up by animal control officer 10.00 If delivered by owner 5.00 A fifteen dollar ($15.00) refund will be given if proof that the animal has been neutered or spayed is presented within thirty(30)days of the initial impoundment. (g) The following shall be the fees charged as poundage for all estrays(livestock): First impoundment 50.00 Second impoundment 100.00 Third impoundment 150.00 (h) Feed and care for estrays(livestock),per day 10.00 Supp.No.20 215 §3-8 EULESS CODE §3-8 (i) The owner shall pay for any veterinarian or drug fees incurred for the animal while it is in the custody of the city. (j) Fee for newspaper advertisement: The actual cost as de- termined from time to time, and in the event more than one animal is advertised in the same advertisement, the cost per head shall be divided equally among the animals sold or redeemed. (k) The following shall be the fees charged for handling and disposing of dead animals: City of Euless animal control officers shall collect and dispose of all dead animals,except livestock for a charge of: (1) Animals weighing less than forty(40)pounds $ 10.00 (2) Animal weighing more than forty(40)pounds 20.00 (3) Citizens bring animal to shelter No charge (1) Sale liability: The city does not in any way warrant the title or ownership of any animal sold at or adopted from the Euless Animal Shelter. The city does not warrant the health or physical condition of any animal which it may sell or offer for adoption. (m) Redemption: The owner of any impounded animal may reclaim same as follows: (1) Before the sale or adoption by paying all accrued expenses. (2) After the sale or adoption by paying the purchaser or adopting party the amount paid, if any,for the animal and reasonable expenses approved by the animal con- trol officer incurred by the purchaser or adopting party in caring for such animal;provided, that the owner so redeems the animal within thirty (30) days after the date of the sale or adoption; otherwise, the animal shall become the absolute property of the purchaser or party adopting same. (Ord. No. 955, Art. IV, § 3-6, 11-10-87) Supp.No.20 216 §3-9 ANIMALS AND RABIES CONTROL §3-9 Sec. 3-9. Animal care. If the following shall occur, the animal, bird or fowl may be impounded and the owner shall be guilty of a violation of this chapter: (a) The owner shall fail to provide an animal with sufficient food and wholesome food and water, adequate shelter and protection from weather, veterinary care when needed to prevent suffering, and with humane care and treatment. (b) A person shall beat, cruelly ill treat,torment, abuse, over- load, overwork or otherwise harm an animal, or cause, instigate or permit any dog fight, cock fight, bull fight or other combat between animals or between animals and humans. (c) A person shall abandon or dump any animal. (d) A person shall willfully wound, trap, maim or cripple by any method any animal, bird or fowl. It shall also be un- lawful for a person to kill any animal, bird or fowl, except domesticated fowl considered as general tablefare such as chicken or turkey, within the city. (e) A person shall sell, offer for sale,barter or give away baby chicks, ducklings or other fowl, rabbits or hamsters as novelties, whether or not dyed, colored or otherwise artifi- cially treated; provided, however, that this section shall not be construed to prohibit the display or sale of natural chicks, ducklings or other fowl in proper brooder facilities from hatcheries or stores engaged in the business of selling the same to be raised for commercial purposes, or the sale of rabbits or hamsters as pets. (f) A person shall give away any live animal as a prize for, or as an inducement to enter any contest, game of other competition, or as an inducement to enter into any busi- ness agreement except as to the offering of offspring in a breeding transaction. (g) The failure of a person in operation of a motor vehicle who strikes a pet animal or livestock to immediately report Supp.No.20 217 §3-9 EULESS CODE §3-12 such injury or death to the animal's owner, and in the event the owner cannot be ascertained and located, such person shall fail to report the accident to an animal control officer or peace officer. (h) A person exposes any known poisonous substance, whether mixed with food or not, so that the same shall be liable to be eaten by a pet animal, livestock or person. This section is not intended to prohibit the prudent use of herbicides, insecticides or rodent-control materials. A person shall also not expose an open trap or metal jaw-type trap that shall be liable to injure any pet animal, livestock or person. (Ord. No. 955, Art. VI, § 3-26, 11-10-87) Sec. 3-10. Slaughtering animals. It shall be unlawful to slaughter or maintain any property for the purpose of slaughtering any animal or animals in the City of Euless. (Ord. No. 955, Art. VI, § 3-28, 11-10-87) Sec. 3-11. Barking dogs. Any person who shall harbor or keep on his premises, or in or about the premises under his control, any dog which by loud or unusual barking or howling shall cause the peace and quiet of the neighborhood or the occupants of adjacent premises to be disturbed shall be guilty of a violation under this chapter, and a separate offense shall be deemed committed each day during or on which such violation occurs or continues. (Ord. No. 955, Art. VI, § 3-29, 11-10-87) Sec. 3-12. Sanitary condition of animal pens. Any person who shall harbor or keep on his premises, or in or about a premises under his control, any animal or fowl, and who shall allow such premises to become a hazard to general health and welfare of the community, or who shall allow such premises to give off noxious or offensive odors due to the activity or pres- ence of such animals,shall be guilty of a violation of this chapter. (Ord. No. 955,Art. VI, § 3-30, 11-10-87) Supp.No.20 218 §3-13 ANIMALS AND RABIES CONTROL §3-16 Sec. 3-13. Restriction on number of dogs,cats or any other animals, or combination of both, to be kept in residential premises. It shall be unlawful to keep or harbor more than four(4)dogs, cats or other animals, or combination of animals, beyond the normal weaning age on any premises, except as permitted in section 3-48 of this chapter.(Ord. No. 955,Art.VI, § 3-31, 11-10-87) Sec. 3-14. Keeping of prohibited animals. It shall be unlawful to keep or harbor any prohibited animal within the City of Euless, Texas. (Ord. No. 955, Art. VI, § 3-32, 11-10-87) Cross reference-For a definition and enumeration of prohibited animals,see §3-2. Sec. 3-15. Dead animals. It shall be illegal for an owner of any dead animal, fowl or livestock (estray) to fail to lawfully dispose of the dead animal within twenty-four(24)hours of its discovery by the owner. (Ord. No. 955, Art. VI, § 3-33, 11-10-87) Sec. 3-16. Vicious animals. No person shall own or harbor a vicious animal within the City of Euless, and any such animal shall be impounded as a public nuisance. If impoundment of such animal cannot be made with safety, the animal may be destroyed by a peace officer or animal control officer without notice to the owner.Any dog which has,on separate occasions, inflicted two (2) or more reported bites and the dog was running at large at the time the incidents occurred shall be deemed vicious and shall be removed from the city within twenty-four (24) hours following the owner being notified, other- wise, or if the owner be unknown, said dog shall be impounded and destroyed in a humane manner. Any pet animal or livestock which kills or maims another animal or severely injures a person shall be removed from the city within twenty-four (24) hours following the owner being notified,otherwise, or if such owner be unknown, said dog shall be impounded and destroyed. Any pet Supp.No.20 219 §3-16 EULESS CODE §3-19 animal or livestock which maims or kills a person shall be im- pounded and destroyed. (Ord. No. 955, Art. VI, § 3-34, 11-10-87) Sec. 3-17. Guard dogs. (a) All dogs kept solely for the protection of premises and prop- erty,residential,commercial or personal,shall be registered with the City of Euless Animal Shelter. The building area or premises in which such dog is confined shall be conspicuously posted on all sides with warning signs bearing letters not less than two (2) inches high, stating"GUARD DOG ON PREMISES." (b) Each guard dog shall be issued a tag, varying in color from regular pet animal license tags, so designating that animal as a guard dog for a five dollar($5.00)fee. Said tag shall be attached to the collar or harness of the guard dog at all times, and shall bear the words "GUARD OR ATTACK DOG." Guard dogs regis- tered hereunder shall not be required to have a license tag as designated in section 3-63, but shall be required to comply with the provisions of section 3-63. (c) The building area or premises where a guard dog is main- tained shall be subject to inspection by any animal control officer to determine that the animal in question is maintained and secured at all times in such a manner as to prevent its contact with the public. (Ord. No. 955, Art. VI, § 3-35, 11-10-87) Sec. 3-18. Tampering with traps and equipment. No person shall remove, alter, damage or otherwise tamper with a trap or equipment set out by the animal control officer. (Ord. No. 955, Art. VI, § 3-36, 11-10-87) Sec. 3-19. Authority to destroy certain animals. Any peace officer, health officer or animal control officer may kill any dog, cat or other animal suspected of having rabies and any vicious animal. (Ord. No. 955, Art. VI, § 3-37, 11-10-87) Cross reference—Rabies control, § 3-61 et seq. Supp.No.20 220 § 3-20 ANIMALS AND RABIES CONTROL §3-24 Sec. 3-20. Impoundment of nursing baby animals. Any nursing baby animal impounded without the mother or where the mother cannot or refuses to provide nutritious milk may be disposed of by an animal control officer to prevent suffer- ing. (Ord. No. 955, Art. VI, § 3-38, 11-10-87) Sec. 3-21. Impoundment of injured or diseased animals. Any impounded animal that appears to be suffering from ex- treme injury or illness may be disposed of or given to a nonprofit humane organization for the purpose of veterinary medical care, as determined by an animal control officer. (Ord. No. 955, Art. VI, § 3-39, 11-10-87) Sec. 3-22. Animal control officer—Duties. It shall be the duty of each animal control officer under the supervision of the director of environmental health to carry out all applicable provisions of this chapter and to pick up and im- pound all animals found to be in violation of this chapter. (Ord. No. 955, Art. VI, § 3-40, 11-10-87) Sec. 3-23. Same—Right of ingress. Any animal control officer shall have the right of ingress on any property within the city in order to carry out the provisions of this chapter, and to determine the condition of any animal, bird or fowl,but in no event shall any animal control officer enter a structure used for human habitation without consent of the occupant unless first securing a search or arrest warrant. (Ord. No. 955, Art. VI, § 3-41, 11-10-87) Sec. 3-24. Penalty clause. Any person, firm or corporation violating any of the terms and provisions of this chapter shall be deemed guilty of a misde- meanor and,upon conviction thereof,shall be fined in an amount not less than twenty-five dollars ($25.00), nor more than one thousand dollars($1,000.00). Each such violation shall be deemed a separate offense and shall be punishable as such hereunder.(Ord. No. 955, Art. VI, § 3-43, 11-10-87) Supp.No.20 221 §3-25 EULESS CODE §3-26 Sec. 3-25. Exceptions and exemptions not required to be negatived. In any complaint and in any action or proceedings brought for the enforcement of any provision of this chapter, it shall not be necessary to negative any exception, excuse, provision or exemp- tion, which burden shall be upon the defendant. (Ord. No. 955, Art. VI, § 3-45, 11-10-87) Sec. 3-26. Nonconforming uses under sections 3-48 and 3-14. (a) The owner or occupant of any premises on the effective date hereof keeping and maintaining any livestock in compliance with the provisions of section 3-44 of this chapter in effect prior to the adoption hereof shall, on or before January 1, 1988,register such nonconforming use with the animal control officer on forms prom- ulgated therefor, which registration shall state the name of such owner or occupant, a description of the nonconforming premises, the number and a description of all livestock kept and main- tained on the date of such registration. Such nonconforming use as to the keeping and maintenance of such livestock, and only such livestock, may continue. No additional or other livestock may be substituted therefor and such nonconforming use shall be nontransferable to another owner or occupant of such premises. Any owner or occupant of premises which are nonconforming with section 3-48 of this chapter, as herein amended, on the effective date hereof, and who does not register such nonconform- ing use prior to January 1, 1988, shall bring such premises into compliance with the provisions of section 3-48 hereof from and after January 1, 1988. (b) The owner or occupant of any premises on the effective date hereof keeping and maintaining any prohibited animals as de- fined herein who registers, prior to January 1, 1988,the keeping and maintenance of such prohibited animals with the animal control officer on forms promulgated therefor, which registration shall state the name of such owner or occupant, a description of the premises where such prohibited animals are kept or main- tained,the number and a complete description of all such prohib- ited animals maintained on the date of such registration, may continue to keep and maintain such prohibited animals until Supp.No.20 222 §3-26 ANIMALS AND RABIES CONTROL §3-41 July 1, 1988, provided such prohibited animals are kept and maintained in conformity with the provisions of section 3-47 of this chapter in effect prior to the adoption hereof. No additional or other prohibited animals may be kept or maintained by such registrant and only those prohibited animals being kept and maintained on the date of such registration may thereafter be kept and maintained until July 1, 1988. Any owner or occupant of a premises containing prohibited animals prior to the effective date of this chapter who shall not register such prohibited ani- mals with the animal control officer on or before January 1, 1988, shall remove such prohibited animals from the corporate limits of the City of Euless no later than January 1, 1988. (Ord. No. 955, Art. VI, § 3-46, 11-10-87) Secs. 3-27-3-39. Reserved. ARTICLE II. ESTRAYS Sec. 340. Unattended estrays (livestock). �-% (a) It shall be unlawful for any person, firm or corporation to allow an estray (livestock) to be unattended upon any public street, alley,thoroughfare or upon the property of another in the corporate city limits of the City of Euless,Texas. (b) The person, firm or corporation having ownership or right to immediate control of such estray (livestock) shall have the burden to keep such estray (livestock) off the public streets, al- leys and thoroughfares or the property of another in the city. (Ord. No. 955, Art. V, § 3-7, 11-10-87) Sec. 3-41. Impoundment. It shall be the duty of the animal control officer to take up any and all estrays (livestock) that may be found in and upon any street, alley or in or upon any unenclosed lot in the City of Euless, or otherwise to be found at large, and to confine such estrays (livestock) for safe keeping. Upon impounding an estray (livestock), the animal control officer shall prepare a "Notice of Estray" and file such notice in the "estray book" located in the Supp.No.20 223 §3-41 EULESS CODE §3-43 office of the animal control officer. Each entry shall include the following: (a) The name and address of the person who notified the ani- mal control officer of the estray(livestock). (b) The location of the estray(livestock)when found. (c) The location of the estray(livestock)pending disposition. (d) A description of the animal including its breed, color, sex, age, size and all marking of any kind, also any other identifying characteristics. (Ord. No. 955, Art. V, § 3-8, 11-10-87) Sec. 3-42. Advertisement of impounded estrays (livestock). When an estray (livestock) has been impounded, the animal control officer shall make a diligent search of the register of recorded brands in the county for the owner of the estray (live- stock). If the search does not reveal the owner,the animal control officer shall advertise the impoundment of the estray (livestock) in a newspaper of general circulation in the county at least twice during the next fifteen(15)days following impoundment and post a notice of the impoundment of the estray (livestock) on the public notice board of the county sub-courthouse and of the Eu- less City Hall. (Ord. No. 955, Art. V, § 3-9, 11-10-87) Sec. 3-43. Recovery by owner. The owner of an estray (livestock) may recover possession of the animal at any time before the animal is sold under the terms of this chapter if: (a) The owner has provided the animal control officer with an "affidavit of ownership" of the estray (livestock) contain- ing at least the following information: (1) The name and address of the owner. (2) The date the owner discovered that the animal was an estray. (3) The property from which the animal strayed. Supp.No.20 224 §3-43 ANIMALS AND RABIES CONTROL §3-44 (4) A description of the animal, including its breed, color, sex, size, and all markings of any kind, and any other identifying characteristics. (b) The animal control officer has approved the affidavit. (c) The affidavit had been filed in the "estray book." (d) The owner had paid all estray handling fees to those enti- tled to receive them. (e) The owner had executed an "affidavit of receipt" contain- ing at least the following information: (1) The name and address of the person receiving the estray. (2) Date of receipt of estray. (3) Method of claim to estray(owner, purchaser at sale). (4) If purchased at sale, the amount of gross purchase price. (5) The net proceeds of the sale. (f) The animal control officer has filed the "affidavit of re- ceipt" in the "estray book." Sec. 3-44. Sale of estray (livestock). (a) If the ownership of an estray (livestock) is not determined within fourteen (14) days following the final advertisement re- quired by this chapter, title to the estray (livestock) rests in the city and the animal control officer shall then cause the estray to be sold at a public auction. (b) Title to the estray(livestock) shall be deemed vested in the City of Euless for purpose of passing a good title,free and clear of all claims to the purchaser at the sale. (c) The purchaser of estray (livestock) at public auction may take possession of the animal upon payment thereof. (d) The disposition of the proceeds derived from the sale of an estray at public auction will be as follows: (1) Payment of all handling fees to those entitled to receive them. Supp.No.20 225 §3-44 EULESS CODE §3-47 (2) Execution of a report of sale of impounded stock. (3) The net proceeds remaining from the sale of the estray after the handling fees have been paid shall be delivered by the animal control officer to the city treasurer. Such net proceeds shall be subject to claim by the original owner of the estray as provided herein. (4) If the bids are too low,the animal control officer shall have the right to refuse all bids and arrange for another public auction or sealed bidding procedure. (Ord. No. 955, Art. V, § 3-11, 11-10-87) Sec. 3-45. Recovery by owner of sale proceeds. Within twelve(12)months after the sale of an estray(livestock) under the provisions of this chapter, the original owner of the estray (livestock) may recover the net proceeds of the sale that were delivered to the city treasurer if: (a) The owner has provided the animal control officer with an affidavit of ownership. (b) The animal control officer has approved the affidavit. (c) The approved affidavit has been filed in the"estray book." After the expiration of twelve (12) months from the sale of an estray as provided by this chapter,the sale proceeds shall escheat to the city. (Ord. No. 955, Art. V, § 3-12, 11-10-87) Sec. 3-46. Use of estray(livestock). During the period of time an estray (livestock) is impounded the estray may not be used by any person for any purpose. (Ord. No. 955, Art. V, § 3-13, 11-10-87) Sec. 3-47. Death or escape of estray (livestock). If the estray(livestock)dies or escapes while held by the person who impounded it, the person shall report the death or escape to the animal control officer.The report shall be filed in the "estray book." (Ord. No. 955, Art. V, § 3-14, 11-10-87) Supp.No.20 226 §3-48 ANIMALS AND RABIES CONTROL §3-61 Sec. 3-48. Restrictions on size and locations of area for keep- ing livestock. It shall be unlawful to keep and maintain any mule, donkey, mare, horse, colt, bull, cow, calf, sheep, goat, cattle or other livestock at a distance closer than one hundred(100)feet from any building located on adjoining property that is used for human habitation or within an enclosed area of less than one-half acre, (21,780 square feet) per animal. (Ord. No. 955, Art. V, § 3-15, 11-10-87) Sec. 3-49. Riding or driving livestock on sidewalks or streets. It shall be unlawful for anyone to ride or drive livestock-on a public sidewalk or within the public street right-of-way except on the main traveled portion of the street or right-of-way. (Ord. No. 955, Art. V, § 3-16, 11-10-87) Sec. 3-50. Breeding of livestock. It shall be unlawful for the owner or harborer of livestock to knowingly permit or cause to be permitted the breeding of any such animal within the public view.(Ord.No. 955,Art.V, § 3-17, 11-10-87) Secs. 3-51-3-60. Reserved. ARTICLE III. RABIES CONTROL* Sec. 3-61. Annual immunization of dogs, cats or any other animal required and vaccination tag requirement. (a) It shall be unlawful for any person to own or keep any dog or cat beyond the normal weaning age in the city unless the dog or cat is immunized by rabies vaccination. (b) A veterinarian shall supply the owner of a vaccinated dog or cat with a rabies vaccination tag which shall have stamped upon it the veterinarian's name and vaccination certificate num- *Cross reference—Authority to destroy rabid animals, §3-19. Supp.No.20 227 §3-61 EULESS CODE § 3-62 ber.It shall be unlawful for an owner to have,harbor or keep any dog or cat without a current rabies vaccination tag fastened securely to a harness or collar worn about the shoulders or neck of the dog or cat. (Ord. No. 955, Art. VI, § 3-18, 11-10-87) Sec. 3-62. Rabies vaccination certificate required; display upon request. (a) Every person owning or keeping any dog or cat immunized against rabies, as provided in section 3-61, shall procure a writ- ten rabies vaccination certificate, signed by the veterinarian ad- ministering the vaccine, and the name and address of the owner. (b) The animal control officer or any peace officer may request to see rabies vaccination certificates at any time, and the failure of the owner or person in possession of said dog or cat to furnish same upon such request shall constitute a violation of this chapter. (c) All dogs and cats three (3) months of age or over which are kept, harbored or maintained by their owners within the corpo- rate limits of the City of Euless shall be licensed. Dog and cat licenses shall be issued by the city animal shelter upon payment of five dollars ($5.00)for each dog or cat. Before a license will be issued,the owner of the dog or cat must present a certificate from a licensed veterinarian showing that said animal has been vacci- nated against rabies within the preceding twelve (12) months. The owner shall state his name and address, and the breed, color and sex of the animal to be licensed. Said license shall be good for one year from date of issuance. (d) Upon payment of the license fee, the city shall issue to the owner a license certificate and a metal tag having stamped thereon the year for which it is issued, and the number corresponding with the number on the certificate.Such tag shall at all times be securely attached to a collar or harness worn around the shoul- ders or neck of the animal. In case a tag is lost,a duplicate will be issued by the city animal shelter upon presentment of the receipt showing the prior payment of the license fee for that calendar year. A fee may be charged for the replacement tag. Dog or cat tags shall not be transferable from one dog or cat to another, and no refunds shall be made.(Ord. No. 955,Art.VI, § 3-19, 11-10-87) Supp.No.20 228 §3-63 ANIMALS AND RABIES CONTROL §3-65 Sec. 3-63. Reporting bites. Every physician or other medical practitioner who treats a person or persons for any animal bite shall within twelve (12) hours thereof report such treatment to an animal control officer giving the name, age, sex and precise location of the bitten pe- rons or persons and such other information as the officer may require. (Ord. No. 955, Art. VI, § 3-20, 11-10-87) Sec. 3-64. Reporting suspected rabies. Any veterinarian who clinically diagnoses rabies or any person who suspects rabies in a dog, cat or other animal shall immedi- ately report the incident to an animal control officer, stating precisely where such animal may be found, if known. If a known or suspected rabid animal bites or scratches a person or other animal, such incident shall be reported as required above. (Ord. No. 955, Art. VI, § 3-21, 11-10-87) Sec. 3.65. Confinement of dogs and cats held for observation. (a) Any dog or cat which has bitten a person shall be observed for a period of ten (10) days from the date of the bite. The proce- dure and place of observation shall be designated by the animal control officer in compliance with state law. If the dog or cat is not confined on the owner's premises, confinement`shall be by impoundment in the city animal shelter, or at any veterinary hospital of the owner's choice. Such confinement shall be at the expense of the owner. The owner of any dog or cat that has been reported to have inflicted a bite on any person shall on demand produce said dog or cat for impoundment, as prescribed in this section. Home quarantine, as defined below,may be allowed only in those instances where permitted by state law and agreed to by the animal control officer. Refusal to produce said dog or cat constitutes a violation of this chapter and each day of such re- fusal shall constitute a separate and individual violation. Any prohibited animal which has bitten a person shall be caught and killed and the brain submitted for rabies examination to a Texas Department of Health certified laboratory for rabies diagnosis. (b) The City of Euless may sell and retain the proceeds, keep, grant adoption, or dispose of any animal that the owner or custo- Supp.No.20 229 §3-65 EULESS CODE §3-67 �\ dian does not take possession of within seventy-two (72) hours following the final day of the quarantine. The animal shall be subject to removal and disposal at the direction of or by the animal control officer if found to be rabid or if it cannot be maintained in secure quarantine facilities. (Ord. No. 955, Art. VI, § 3-22, 11-10-87) Sec. 3-66. Quarantine by owner. Quarantine observation may be made at the owner's home if the following qualifications are met: (a) Secure facilities are available at such designated place, and approved by the animal control officer. (b) The dog or cat is contained in an enclosed structure, house or garage for ten(10)days. (c) If maintained outside, the dog or cat must be behind a fence from which it cannot escape and on a chain from which it cannot break loose or inside a covered pen or kennel from which it cannot escape. (d) The dog or cat must be kept away from other animals and people, excepting those in the immediate household. (e) The animal may not be removed from the place of quaran- tine without notice and consent of the animal control officer. (f) The animal or owner were not in violation of this chapter at the time of biting. (Ord. No. 955, Art. VI, § 3-23, 11-10-87) Sec. 3-67. Animals which have died of rabies. The head of animals that have died of rabies or are suspected of having died of rabies shall be turned over to an animal control officer or a licensed veterinarian for dispatch to an authorized Texas Department of Health certified laboratory for diagnosis. (Ord. No. 955, Art. VI, § 3-24, 11-10-87) Supp.No.20 230 §3-68 ANIMALS AND RABIES CONTROL §3-68 Sec. 3-68. Duty of person knowing of animals exhibiting symptoms of rabies. Whenever any animal is infected with rabies or suspected of being infected with rabies or has been bitten by an animal known or suspected of being infected with rabies, the owner of the ani- mal, or any person having knowledge thereof, shall immediately notify the animal control officer and furnish information,if known, where the animal may be found, and all particulars of the inci- dent. (Ord. No. 955, Art. VI, § 3-25, 11-10-87) [The next page is 263] Supp.No.20 231 §4-70 BUILDINGS AND STRUCTURES §4-71 ARTICLE IV. ELECTRICAL REGULATIONS* DIVISION 1. GENERALLY Sec. 4-70. Purpose. This chapter is and shall be deemed an exercise of the adminis- trative and police powers of the City of Euless, Texas, enacted to protect public safety,comfort, welfare and property, and all the provisions hereof shall be construed for the accomplishment of that purpose.(Ord.No.891, § 1,8-26-86;Ord.No.943, § 1,9-8-87) Sec. 4-71. Definitions. As used in this article, the following terms shall have the respective meanings ascribed to them by this section: (1) Electrical wiring herein used is intended to mean the in- stallation of electrical wires, fixtures, appliances, appara- tus or the addition to any wires, fixtures, apparatus or appliances used or to be used on or in any building or in any premises for the purpose of transmitting electrical current for electric light, heat, power, house annunciator systems, electric bells, telephones, signal systems, private telephones or telegraph, radios, lighting fixtures, or for any purpose, of any kind, nature or description. (2) Electrical contractor shall mean any person,firm,partner- ship or corporation engaged in the business of installing or repairing, or contracting to install or repair any electrical wiring, conduits, fixtures, devices, equipment or other elec- trical materials for conducting, using or consuming elec- trical energy. (3) Master electrician shall mean any person holding a current master electrician license. *Editor's note—Section 9 of Ord. No. 891, adopted Aug. 26, 1986, declared Ord. Nos. 122, 150, 157, 206, 304, 501, 615, 696, and 784, and all ordinances amendatory thereto, expressly superseded by the terms of Ord. No. 891. Accord- ingly,,former Art. IV, which was derived from Ord. No. 784, adopted April 10, 1984,has been deleted with the exception of provisions codified as § 4-72 which carries no history note.Ordinance No.891 has been included as the remainder of a new Art.IV of Ch.4. Cross reference—Electrical signs, §§4-57,4-58. Supp.No.20 289 §4-71 EULESS CODE §4-75 (4) Journeyman electrician shall mean and include any person doing the work of installing,repairing or maintaining any electrical wiring, conduits, fixtures, or devices, or any other electrical materials or appliances for conducting, using or consuming electrical energy and who may engage in such work only under the supervision of, or in the direct em- ploy, of a master electrician or electrical contractor. (5) Apprentice electrician shall mean any person helping a journeyman or master electrician. (Ord. No. 891, § 2, 8-26-86; Ord. No. 943, § 2, 9-8-87) Sec. 4-72. Electrical board. There is created an electrical board, consisting of five(5)mem- bers. One of the members, who shall be the chairman, shall be the electrical inspector; two (2) of the members shall be master electricians; one of the members shall be a representative of the electrical utility company; and the fifth member shall be a disin- terested citizen of the city. The latter four(4)members shall hold office for two-year, staggered terms. Note—See editor's note to Art.IV. Sec. 4-73. Adoption of standard code. The City of Euless hereby adopts the National Electrical Code, 1987 Edition, as now existing or has hereinafter amended, as the standard for electrical wiring requirements for the City of Eu- less. (Ord.No. 891, § 3, 8-26-86; Ord. No. 943, § 3, 9-8-87) Sec. 4-74. Meter installations;service entrance locations. Meter installations shall comply with specifications of the util- ity company furnishing power. The utility company furnishing power shall have the right to designate service entrance loca- tions. (Ord. No. 891, § 3, 8-26-86; Ord. No. 943, § 3, 9-8-87) Sec. 4-75. Electrical wiring requirements. (a) Wiring installed in the City of Euless is to be no less than nonmetallic cable. Aluminum wiring may not be used in any installations except for the entrance service cable installed by the electric utility provider and the service entry cable from the Supp.No.20 290 §4-75 BUILDINGS AND STRUCTURES §4-75 meter base to the control panel only. All other installations shall be copper. Wiring of hazardous locations shall, however, comply with Article 500 of the National Electric Code. (b) All dwellings of one thousand fifty (1,050) square feet to one thousand nine hundred ninety-nine (1,999) square feet must have not less than one hundred (100) amps service entrance conductors. All dwellings of two thousand (2,000) square feet or more must have not less than one hundred fifty (150) amps ser- vice entrance conductors. (c) Service panel boards for dwellings may be installed in any readily accessible location in dwellings excluding bathroom, heat- ing and clothes closets. (d) Service mast through the roof for overhead service from meter socket must be two-foot galvanized rigid conduit or larger with no coupling or fitting between the weatherhead and meter socket. (e) Rigid PVC conduit shall not be used for underground ser- vice risers to service equipment outside of a commercial or indus- trial building or structure. (f) All temporary poles must be a minimum of twelve (12)feet • in height for overhead service drop. The meter socket must be mounted a minimum of four (4)feet and maximum of six (6)feet from grade to center of meter socket. The minimum service con- ductors shall be no smaller than number six(6)AWG and a fifty- amp main two-pole [two hundred fifty (250)] volt disconnecting breaker. (g) Nonmetallic device boxes may be used as per Section 370-7(c) and the equipment grounding conductors connected together in a spliced form shall be secured by an approved device such as a wire nut, scotchlock, etc. (h) On all commercial installations, the electrical contractor shall furnish the city inspections department a calculated load and riser diagram prior to requesting an electrical permit. (i) On all rewiring of old installations, the wiring may be done according to Chapter 9, Table 4-A, National Electrical Code on Supp.No.20 291 §4-75 EULESS CODE §4-76 rewiring. The existing load plus additional load must be calcu- lated and riser size and entrance cable sized accordingly. (j) Service entrance conductors shall not be run at a distance greater than twenty-five (25) feet within the hollow space of a frame building unless provided with automatic over-current pro- tection at their outer ends. (k) All electrical panels and meters on frame shall be mounted on two-inch by four-inch board backing and in installations on brick veneer lead anchors must be used. No electrical,panels or electric boxes shall be mounted on opposite side of walls of bath- tub enclosure. (Ord. No. 891, § 7, 8-26-86) (1) The high leg of 120/240 volt 30 four-wire service shall not be terminated in panel board with single-phase lighting and power to prevent loss of equipment due to improper installation. (m) Smoke alarm and GFCI protection per National Electrical Code shall be required at time of service change upgrading. (n) All open lights in clothes closets in existing residences at the time of any remodel or service change shall be changed to globe-type fixtures. (Ord. No 891, § 7, 8-26-86; Ord. No. 943, § 7, 9-8-87) Sec. 4-76. Violation;penalty. Any person, firm or corporation violating any of the provisions of this article shall be deemed guilty of a misdemeanor and the person, firm or corporation, or an employee, an agent, manager, or officer thereof, shall be fined in any amount not less than twenty-five dollars ($25.00) nor more than one thousand dollars ($1,000.00) for each offense, and every violation and each and every day's failure or refusal to comply with said provisions will constitute a separate offense, and in case of willful or continued violation by any person, firm or corporation as aforesaid, or their agents, employees, servants or officers, the city shall have the power to revoke and repeal any license under which said person, firm or corporation may be acting, and d revoke all permits, privi- leges and franchises granted to said person, firm or corporation aforesaid. (Ord. No. 784, § 10, 4-10-84; Ord. No. 792, § 5, 5-22-84; Ord. No. 891, § 10, 8-26-86; Ord. No. 943, § 10, 9-8-87) Supp.No.20 292 §4-77 BUILDINGS AND STRUCTURES §4-84 Secs. 4-77-4-80. Reserved. DIVISION 2. INSPECTORS* Sec. 4-81. Office of electrical inspector created; duties generally. There is hereby created the office of electrical inspector of the City of Euless, Texas. It shall be the responsibility and duty of the electrical inspector of the city to carry out the terms, provi- sions and requirements of this article and to that end he shall be responsible to the building official. (Ord. No. 891, § 4(1), 8-26-86; Ord. No. 943, § 4(1), 9-8-87) Sec. 4-82. Assistant electrical inspectors. There shall be designated from time to time as the need may arise such assistant electrical inspectors as may be deemed nec- essary by the administrative authority of the City of Euless. (Ord. No. 891, § 4(2), 8-26-86; Ord. No. 943, § 4(2), 9-8-87) Sec. 4-83. Right of entry; power to arrest. �-� The city electrical inspector shall have the power to enter any building structure, alley, lot, manhole or subway during reason- able hours, and while in the actual performance of his regular duties he shall have the power to arrest or cause the arrest of any person violating any of the provisions of this article. (Ord. No. 891, § 4(11), 8-26-86; Ord. No. 943, § 4(11), 9-8-87) Sec. 4-84. Hindering inspectors prohibited. No person or persons shall hinder or prevent the city electrical inspector or his deputies from making any electrical inspection. (Ord. No. 891, § 4(9), 8-26-86; Ord. No. 943, § 4(9), 9-8-87) 'Cross references—Receipt of applications for licenses, § 4-97(c); investigation of applicants for licenses, notification of applicant of examination grades,§4-100;requirement of plans and specifications for permits, §4-112(b);reinspection fee, §4-114(b). Supp.No.20 293 §4-85 EULESS CODE §4-88 Sec. 4-85. Power to disconnect service. The electrical inspector is hereby empowered to disconnect or order the public utility company serving electrical energy to sever the electrical service to such wiring, device and/or materi- als found to be defectively installed until the installation of such wiring, device and material has been made safe as directed by the electrical inspector. Any person, firm or corporation ordered to discontinue any electrical service shall do so within twenty- four (24) hours and shall not reconnect or allow it to be recon- nected until notified to do so by the city electrical inspector. (Ord. No. 891, § 4(9), 8-26-86; Ord. No. 943, § 4(9), 9-8-87) Sec. 4-86. Approval of inspector required before reconnect- ing service;exception. When service is disconnected to any building used for commer- cial or mercantile purposes, theaters, gasoline stations and gar- ages in the corporate limits of the city approval must be obtained from the city electrical inspector before reconnecting to the elec- trical energy. Provided,however, where service is terminated for nonpayment of bill, it shall not be necessary to obtain city ap- proval for reconnecting. (Ord. No. 891, § 4(10), 8-26-86; Ord. No. 943, § 4(10), 9-8-87) Sec. 4-87. Inspection of new buildings during construction. The city electrical inspector may be called upon as many times as required to inspect new buildings in the course of construction in order not to delay construction, and must inspect such work within forty-eight (48) hours from the time such request is re- ceived,Sunday and holidays excepted.(Ord.No.891, §4(6),8-26-86; Ord. No. 943, § 4(6), 9-8-87) Sec. 4-88. Authority to demand uncovering of work con- cealed prior to inspection. The electrical inspector shall have the authority to demand building contractors to open such work that in any manner con- ceals electrical wiring that has been closed without his knowl- edge or permission, and in no case shall inspector issue clearance Supp.No.20 294 §4-88 BUILDINGS AND STRUCTURES §4-91 until he is satisfied that the work is in accordance with the provisions of this article. Inspectors shall have the right to refuse to issue a clearance on any wiring that is concealed in such manner that they cannot fully satisfy themselves that it has been done in accordance with this article.(Ord.No. 891, §4(7),8-26-86; Ord. No. 943, § 4(7), 9-8-87) Sec. 4-89. Authority to reinspect;correction of defects. The electrical inspector shall have the right at all times to make a thorough reinspection of the installation in or on build- ings and/or premises of all electric wiring, electric devices and electric materials now installed or that may hereafter be installed within the city. When the installation of any such wiring,devices or materials is found to be in a dangerous or unsafe condition,the person, firm or corporation owning, using or operating the same shall be notified in writing and shall make the necessary repairs or changes required to place such wiring, devices and materials in a safe condition and have such work completed within fifteen (15) days from date of said notice or other reasonable period specified by electrical inspector in said notice. (Ord. No. 891, § 4(8), 8-26-86; Ord. No. 943, § 4(8), 9-8-87) Sec. 4-90. Inspection of plants;correction of defects. It shall be the duty of the electrical inspector to inspect all public and isolated light plants(excepting property of companies and corporations operating under a regular franchise) now or hereafter in operation, at least once in each year,or more often if application is made by the owners thereof. They shall see that any dangerous or defective machinery, wires or apparatus are removed immediately at the expense of owner or agent of said property. (Ord. No. 891, § 4(4), 8-26-86; Ord. No. 943, § 4(4), 9-8-87) Sec. 4-91. Approval of addition to old work; clearance for connection. The electrical inspectors are herein given authority to refuse to issue a permit on an addition to old work where the old work is in an unsafe condition until such is changed to come up to a satis- Supp.No.20 295 §4-91 EULESS CODE §4-97 factory condition. All light, heat and power companies shall be notified not to make service connections until they receive clear- ance on written permission from the electrical inspection depart- ment.(Ord. No. 891, § 4(3), 8-26-86; Ord. No. 943, § 4(3), 9-8-87) Sec. 4-92. Removal of dead wires,unused poles or apparatus. It shall be the duty of the electrical inspector to cause all dead wires, unused poles or electric apparatus on the outside of build- ings or in streets or alleys to be removed at the expense of the owners by giving the owners written notice. This does not apply to apparatus owned and operated by the utility company. (Ord. No. 891, § 4(5), 8-26-86; Ord. No. 943, § 4(5), 9-8-87) Secs. 4-93-4-96. Reserved. DIVISION 3. LICENSES Sec. 4-97. Contractor's license. (a) When required. Electrical contractors, as that term is de- fined in Section 4-71 hereof, shall be required to have an electri- cal contractor's license issued by the City of Euless. No person, firm or corporation shall engage in the City of Euless in the business of installing,altering or repairing any electrical wiring, device or equipment, or the installation, alteration or repair or replacement of starters, motors, generators, signs or stationary electrical apparatus or appliances, nor shall any person, firm or corporation in any manner undertake to execute such work on behalf of another without an electrical contractor's license issued by the city. (b) Qualifications. An applicant for electrical contractor's li- cense must hold a master electrician's license. (c) Application. Any person, firm or corporation desiring to secure an electrical contractor's license under the terms and provisions of this article shall file with the building official an application in writing and shall deliver said application to the chief electrical inspector for further handling in accordance with the terms and provisions of this article. Supp.No.20 296 §4-97 BUILDINGS AND STRUCTURES §4-99 (d) Fees, term of license. The fee for an electrical contractor's license shall be one hundred dollars($100.00)for a period of one (1) year with an annual license renewal of twenty-five dollars ($25.00).(Ord.No.891, § 5(1),(9),8-26-86;Ord.No.943, § 5(1),(8), 9-8-87) Sec. 4-98. Master electrician's, journeyman electrician's license. (a) When required. No person shall act as a master electrician or a journeyman electrician without an appropriate current elec- trician's license issued by the city. (b) Exclusion from master electrician's license. No minor, nor any person or persons not of lawful age, will be issued a master electrician's license. (c) Examination. All applicants for a master electrician's li- cense or journeyman electrician's license shall be required to pass an examination given by a reciprocating city of the Dallas- Fort Worth metroplex. (d) Fees, term of license. The fee for a master electrician's li- cense shall be twenty-five dollars($25.00)for the first year with a renewal fee of five dollars ($5.00) per year. Journeyman electri- cian's license fee shall be two dollars ($2.00) per year. (Ord. No. 891, § 5(2), (8), 8-26-86; Ord. No. 943, § 5(2), (7), 9-8-87) Sec. 4-99. Apprentice electrician's license;fee;restrictions. No person shall help or assist a master electrician or journey- man electrician without an apprentice electrician's license issued by the city. An apprentice electrician's license shall be issued upon request of a licensed electrical contractor for an annual fee of one dollar ($1.00). An apprentice electrician shall not be em- ployed or work on any electrical job without supervision by a master electrician or a journeyman electrician as those terms are herein defined. (Ord.No. 891, § 5(5),8-26-86; Ord. No. 943, § 5(4), 9-8-87) Supp.No.20 297 §4-100 EULESS CODE §4-104 Sec. 4-100. Investigation of applicants;examination. It shall be the duty of the chief electrical inspector to make such investigation as he may deem necessary as to all applicants, as to their qualifications, fitness, reputation, character and fi- nancial ability, and if after such investigation the chief electrical inspector is satisfied with the qualifications and fitness of the applicant, he shall notify said applicant in writing of such deci- sion and advise the applicant that if he desires an examination,a date, time and place will be set for same. (Ord. No. 891, § 5(10), 8-26-86; Ord. No. 943, § 5(9), 9-8-87) Sec. 4-101. Name under which licenses issued. The licenses issued hereunder shall be in the name of the person, firm or corporation as certified by the city electrical in- spector.(Ord. No. 891, § 5(6), 8-26-86; Ord. No. 943, § 5(5),9-8-87) Sec. 4-102. Failure to renew licenses. Any person, firm or corporation failing to renew the electrical license held within thirty (30) days after the expiration of same shall be required to make a new application therefor and pay the usual fee for an initial application. (Ord. No. 891, § 5(4), 8-26-86; Ord. No. 943, § 5(3), 9-8-87) Sec. 4-103. Transfer and use of another's license to obtain permit prohibited. It shall be unlawful for any person holding any electrical li- cense issued hereunder to transfer or allow the use of same, directly or indirectly, by any person, firm or corporation for the purpose of obtaining a permit to do electrical work in the city. (Ord. No. 891, § 5(7), 8-26-86; Ord. No. 943, § 5(6), 9-8-87) Sec. 4-104. Recognition of electrical licenses issued by other Texas cities. An electrician holding a current electrical license issued by another incorporated city in the State of Texas, such license being substantially the same as that defined in this chapter, may Supp.No.20 298 §4-104 BUILDINGS AND STRUCTURES §4-111 apply for and receive a similar electrical license in the City of Euless without taking an examination,provided: (a) Such applicant electrician shall satisfy the Euless Electri- cal Board that such applicant's license was issued under conditions comparable to those required by this division. (b) That the city which issued such applicant electrician's license has a similar reciprocal condition in its ordinances permitting the holder,of the type of electrical licenses is- sued by the City of Euless to obtain a license in such other city without an examination. (c) That the Euless Electrical Board shall be satisfied with the applicant's qualifications and ability and vote affirma- tively to grant such license. (d) Payment is made of the license registration fee required by this article and subsequent amendments thereto. (e) Such' applicant shall be subject to and comply with and adhere to all other requirements of the electrical ordinance of the City of Euless. (Ord. No. 891, § 5(11), 8-26-86; Ord. No. 943, § 5(10), 9-8-87) Secs. 4-105-4-110. Reserved. DIVISION 4. PERMITS Sec. 4-111. When permits required. (a) No wiring, device or equipment for the transmission, dis- tribution or utilization of electrical energy for light,power and/or heat shall be installed within or on any building or structure,nor shall any alteration or addition be made to any such existing wiring,device or equipment without first obtaining a permit there- for from the inspection department as stated in the following. (b) No permit will be required for the replacement of lamps or the connection of portable devices to suitable receptacles which have been permanently installed. (c) No permit will be required for the installation of wiring and equipment for the operation of transmission of intelligence where Supp.No.20 299 §4-111 EULW CODE §4-115 such wiring, devices and equipment operate at a voltage not exceeding twenty-five (25) volts between conductors. (Ord. No. 891, § 6(1)—(3), 8-26-86; Ord. No.943, § 6(1)—(3), 9-8-87) Sec. 4-112. Application for permits. (a) Application for electrical permits shall describe the work to be done and shall be made in writing to the electrical inspector by the person, firm or corporation installing the work and their permit, when issued, shall be to such applicant. (b) The electrical inspector may require that an applicant for a permit furnish complete plans and specifications for the installa- tion showing sizes of conductors and such other details as may be necessary to determine whether the installation as described will be in conformity with the requirements of this article. (Ord. No. 891, § 6(4), (5), 8-26-86; Ord. No. 943, § 6(4), (5), 9-8-87) Sec. 4413. Issuance not authority to commit violation. The issuance of a permit shall not be taken as permission to violate any of the requirements of this article. (Ord. No. 891, § 6(6), 8-26-86; Ord. No. 943, § 6(6), 9-8-87) Sec. 4-114. Fees. (a) The fees to be charged for any electrical work in the City of Euless shall be in accordance with the City of Euless Schedule of Fees, Table A, attached hereto. (b) There shall be a reinspection fee of fifteen dollars ($15.00) where it is necessary for the electrical inspector to reinspect any phase of an electrical job. (Ord. No. 891, § 6(7), (8), 8-26-86; Ord. No. 943, § 6(7), (8), 9-8-87) Editor's note—Table A,referred to by §4-114(a)above,has not been included herein,but a copy may be found on file in the office of the city secretary. Sec. 4-115. Insurance. Every registrant shall carry contractor's public liability insur- ance in not less than the following amounts: Supp.No.20 300 §4-115 BUILDINGS AND STRUCTURES §4-120 Bodily Injury— $300,000.00 each occurrence. Property Damage— 100,000.00 each occurrence. (Ord. No. 891, § 5(3), 8-26-86) Secs. 4-116-4-119. Reserved. Editor's note—Table A,referred to by§4-114(a)above,has not been included herein,but a copy may be found on file in the office of the city secretary. ARTICLE V. PLUMBING AND GAS FITTING• Sec. 4-120. Code adopted by reference;penalty. (a) The 1982 edition of the Uniform Plumbing Code, as adopted by the International Association of Plumbing and Mechanical Officials with amendments is hereby adopted. One copy of said Uniform Plumbing Code and amendments has been filed in the office of the city secretary for permanent record and inspection. (b) Any person, firm or corporation violating any of the terms and provisions of this code shall be deemed guilty of a misdemea- N---, nor and, upon conviction thereof,shall be fined in an amount not to exceed One thousand dollars ($1,000.00). Each such violation shall be deemed a separate offense and shall be punishable as such hereunder. (Ord. No. 502, § 1, 3-23-76; Ord. No. 616, § 1, 3-25-80; Ord. No. 716, §§ 1, 5, 9-28-82; Ord. No. 792, § 6, 5-22-84; Ord. No. 890, §§ 1, 2, 8-26-86) Editor's note—Ord.No.502, * 1,adopted March 23, 1976,did not specifically amend the Code.At the discretion of the editor,said ordinance has been codified as superseding former §4-120 which had pertained to the adoption of the Texas Municipal League Plumbing Code. Said section together with§4-121,had been contained in the original codification.Former§4.121,which set out amendments to the former code,has been deleted due to the city's request that technical code amendments be adopted by reference. Permit fees have not been set out herein, but a schedule of said fees may be found on file in the office of the city secretary. Cross reference—General penalty,§ 1-6. 'State law reference—Plumbing license law, V.T.C. S. art. 6243--101. Supp.No.20 300.1 § 7-65 GARBAGE, TRASH, ETC. § 7-67 to exceed a reasonable amount for each impounded article, he shall pay the balance of the proceeds of such sale, if any, to the owner of the property. If the owner fails to call for such proceeds, they shall be paid into the city treasury. Within six (6) months after such auction sale, the owner may apply in writing to the chief of police, and upon satisfactory proof of ownership, shall be entitled to receive the amount of the proceeds delivered to the city treasury. (Ord. No. 268, § VI, 11-9-65) Sec. 7-66. Junk. Impounded property which is offered for sale at public auc- tion in accordance with the procedure herein prescribed and upon which no person bids, shall thereafter be sold or other- wise disposed of as junk. Money received for junk property shall be disposed of in the same manner as proceeds from an auction sale under this article. Sec. 7-67. Records and fees. (a) The chief of police shall keep a record book which shall contain: A description of all property impounded, the date and time of such impounding, the date notices of sale were posted and advertised and mailed to owners and lienholders, the return receipts of registered notices, the date of the sale at auction, the amount realized for each article at such sale, the .name and address of the owner and lienholders, if known, the name and address of the auction buyer, and any such other information as he may deem necessary. (b) The following fees shall be charged under this article and shall be paid into the city treasury: (1) For taking and impounding any personal property, three dollars ($3.00). (2) For preparing advertisements of sale of each article, fifty cents ($0.50). (3) For selling each article, fifty cents ($0.50). (4) For posting notices of sale relating to any one article, fifty cents ($0.50). Supp.No.20 539 § 7-68 EULESS CODE § 7-76 Secs. 7-68-7-72. Reserved. DIVISION 2. RESERVED* Secs. 7-73, 7-74. Reserved. ARTICLE V. JUNKED VEHICLESt Sec. 7-75. Definitions. For the purposes of this article "junked vehicle" means any motor vehicle as defined in Section 1 of Article 6701d-11, Ver- non's Texas Civil Statutes, as amended, which: (a) Is inoperative; and (b) Either: (1) Does not have lawfully affixed to it either an unex- pired license plate or a valid motor vehicle inspection certificate; (2) Is wrecked, dismantled or partially dismantled; (3) Is discarded; or (4) Remains inoperable for a continuous period of more than forty-five (45)days. (Ord. No. 541, § 2, 3-28-78; Ord. No. 956, § 1, 11-10-87) Sec. 7-76. Declaring a nuisance. Any junked vehicle or part thereof on public property, public rights-of-way or private property unless such vehicle or part thereof shall be *Editor's note—Ord.No.541, §2,adopted March 28, 1978 amended Code by adding Art. V, §§ 7-75-7-79 as herein set out which has been codi- fied as superseding Div. 2, §§7-73-7-84 which pertained to: definitions; declaring junked vehicles to be a nuisance; prohibiting junked vehicles; notice; removal of junked vehicles; notice to Texas Highway Department; notice information; prohibition against reconstructing junked vehicle; disposal of junked vehicles; authority of enforcement; costs of removal; and penalty; all of which had been derived from OH. No. 452, §§ 1-12, adopted August 14, 1973. (Note—See the editor's footnote to Div. 2. Supp.No.20 540 �~ §7-76 GARBAGE,TRASH,ETC. §7.76 (1) Completely enclosed within a building in a lawful man- ner where it is not visible from the street or other pub- lic or private property; Supp.No.20 540.1 § 14-122 TRAFFIC § 14-125 Sec. 14-122. Use of right half of crosswalk. Pedestrians shall move, whenever possible upon the right half of crosswalks. (Ord. No. 116, § 60, 8-11-59) Sec. 14-123. Drivers to exercise due care. Notwithstanding the provisions of this article, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sound- ing the horn when necessary and shall exercise proper pre- caution upon observing any child or any confused or incapaci- tated person upon a roadway. (Ord. No. 116, § 59, 8-11-59) Sec. 14-124. Pedestrians on roadways or rights-of-way. (a) When sidewalks are provided, it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway. (b) Where sidewalks are not provided, any pedestrian walking along and upon a highway shall when possible walk only on the left side of the roadway or its shoulder facing traffic which may approach from the opposite direction. (c) No person, from or within any roadway or right-of-way dedicated to the State of Texas, County of Tarrant or City of Euless, may solicit rides, contributions, employment or business from, or distribute handbills to,the occupant of any vehicle trav- eling upon any roadway or right-of-way dedicated to the State of Texas, County of Tarrant or City of Euless. (Ord. No. 116, § 61, 83, 8-11-59; Ord. No. 951, § 1, 10-27-87) Sec. 14-125. Blind pedestrians. (a) For the purpose of preventing traffic accidents on the public streets of the city, it shall be unlawful for any person except persons wholly or partially blind to carry or use on the public streets of the city any cane or walking stick which is white in color, or white with a red end. A cane or walking stick may be used on the streets and other public places of the city by a person wholly or partially blind, as a means of Supp.No.20 1039 § 14-125 EULESS CODE § 14-125 protecting him from traffic accidents and for the purpose of identifying him by drivers of vehicles and operators of motor- driven vehicles and pedestrians, with whom such persons may come in contact on said streets and public places. (b) Any driver of a vehicle, operator of a motor-driven vehicle or pedestrian, who approaches or comes in contact with a person wholly or partially blind and carrying a cane or walking stick white in color, or white with a red end, shall immediately come to a full stop and take such other precau- tions, before proceeding, as may be necessary to avoid acci- dent or injury to the person carrying such cane or walking stick. (c) Any person other than a person wholly or partially blind, who shall carry a cane or walking stick white in color, or white with a red end, or who shall fail to come to a full stop when approaching or coming in contact with a person wholly or partially blind and carrying a cane or walking stick white in color or white with a red end, or who shall fail to take such precautions before proceeding, as may be necessary to avoid an accident, or injury to a person carrying a cane or walking stick, white in color, or white with a red end, shall be guilty of a misdemeanor. (Ord. No. 116, § 84,8-11-59) [The next page is 1089] .0.m\ Supp.No.20 1040 4 16-21 WATER AND SEWERS § 16-22 Sec. 16-21. Connection fees. (a) Water. Prior to receiving service, each consumer shall, upon being connected to the system, pay the following connection fees: Size of Service Tap Fee Meter Box Meter (inches) 5/8-3/4 $250.00 $20.00 $ 70.00 1 300.00 20.00 150.00 11/2 330.00 35.00 299.00 2 650.00 35.00 925.00 Sprinkler Meters: Installing additional meters to existing service: %"-3/4" meter—$61.00 Box and fittings—$65.00 1" meter—$149.00 Box and fittings—$70.00 The above costs are based on cost of SR-T.R.C. meters as of June 12, 1986, and any increase in cost from time to time shall increase by a like amount effective concurrent with such increase charge to the city. (b) Sewer. Sewer connection fees shall be paid solely for the privilege of connection to the system. The cost of installing such connection shall be borne by the user. The fee shall be two hun- dred dollars($200.00). (Ord. No. 795, §§ 3.3(3.3.6), 3.4(3.4.1), 6-12-84; Ord. No. 867, § 1, 11-26-85; Ord. No. 892, § 1, 8-26-86) Sec. 16-22. Water deposits. All applicants for water service will be required to make a meter deposit (payment security deposit) for each water service connection; such deposit to remain with the city throughout the term of the service contract, unless earlier refunded under the provisions of subsection(c)hereof. (a) Deposit for residential customers who have not been dis- connected for nonpayment shall be thirty dollars ($30.00). Each family living unit shall be considered to be a sepa- rate water and/or sewer customer. The deposit shall be thirty dollars ($30.00)per unit. (b) Deposits for commercial customers shall not be less than fifty dollars ($50.00) and shall be calculated to equal the Supp.No.20 1163 § 16-22 EULESS CODE § 16-22' �~ multiple of five dollars($5.00)nearest the estimated aver- age monthly billing for the particular type of customer involved. Calculation shall be based on water, sewer and garbage monthly billing. (c) Deposits may be refunded prior to termination of water services to such customer upon terms and conditions estab- lished by resolution or minute order of the Euless City Council, which terms and conditions thereof may, from time to time,be thereafter modified by appropriate resolu- tion or minute order of the Euless City Council. (d) Deposits not refunded under the provisions of subsection (c) above shall be refunded, or, in the event a balance is due, applied against the final bill for services required upon termination of the contract. The city will not pay interest on meter deposit funds. (e) The city manager shall initiate and implement appropri- ate procedures for the refund of water service security deposits for residential customers of water services pro- vided by the City of Euless, meeting the following criteria: (1) If such depositor/customer occupies a single-family resi- dence, refund, without application therefor, shall be made by the city of such occupant's water security deposit when account records of the city reflect that such occupant's account has been timely paid,without delinquency,for each billing cycle during the immedi- ately preceding five(5)years. While it is the intention of the city council that the city implement procedures so as to timely identify any such single-family resi- dential customers eligible for such water service secu- rity deposit refund, and implement same without for- mal application therefor,any single-family residential occupant whose water service security deposit has not been so refunded, and who believes that they are enti- tled to such refund, may make application therefor to the water department of the city, which request shall be timely evaluated for determination as to whether such customer is entitled to such refund. Supp.No.20 1164 § 16-22 WATER AND SEWERS § 16-23 (2) Any single-family occupant of a multi-family residen- tial unit, which multi-family residential unit shall be as defined by the Euless Zoning Code,who has made a water service security deposit and whose water ser- vice account is in the name of such single-family occu- pant and who meets the criteria established above for timely payment of their account without delinquency for the immediately preceding five-year period may make application to the Water Department of the city for refund of their water service security deposit. Upon such application, the water department of the city shall timely review such request to determine if such applicant meets the criteria herein established and, if so, shall refund to such applicant their water service security deposit. (3) The City of Euless may require any water service customer whose water service security deposit has been previously refunded, as a condition of further water service to such customer, to require such customer to make a water service security deposit in the amount then required for new customers under this Code of Ordinances whenever such customer shall, after ear- lier refund, become delinquent in the timely payment for water services on any two(2)or more billing cycles. In the event such customer shall fail to make such water service security deposit to the city, following written request therefor, within fifteen(15) days from date thereof,which written notice shall be sent to such customer at such customer's billing address by United States Mail, postage prepaid, the City of Euless shall have the authority to terminate water service to such customer. (Ord. No. 795, §§ 3.2(3.2.1), 3.3(3.3.1), 6-12-84; Ord. No. 950, § 1, 10-27-87;Res. No. 87-662, 11-10-87) Sec. 16-23. Schedule of monthly rates. The schedule of monthly rates for water, sewer, abnormal sew- age surcharge, and industrial cost recovery charge shall be ac- cording to the following: - Supp.No.20 1164.1 §16-23 EULESS CODE § 16-23 Water Services for All Users (a) Within corporate limits, $3.50 plus $1.25 per thousand gallons thereafter. (h) Outside corporate limits, $10.00 per $1.25 per thousand gallons thereafter. Sewer Service—Residential The sewer service charge for residential customers shall be based on ninety (90) per cent of metered water. Sewer service charges on ninety (90) per cent metered water shall not exceed twelve thousand (12,000) gallons per billing period per living unit. The monthly minimum per dwelling unit shall be as follows: (a) Within the corporate limits,three dollars and twenty cents ($3.20) plus one dollar and five cents ($1.05) per one thou- sand (1,000) gallons of ninety (90) per cent of metered water. (b) Outside the corporate limits, eight dollars($8.00)plus one dollar and five cents ($1.05) per one thousand (1,000) gal. Ions of ninety (90)per cent,of metered water. Sewer Service—Commercial and Industrial Supp.No.20 1 1164.2 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 TV 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, 7-31 943 9- 8-87 1 4-70 2 4-71 3 4-73,4-74 4(1) 4-81 (2) 4-82 (3) 4-91 (4) 4-90 (5) 4-92 (6)—(8) 4-87-4-89 (9) 4-84,4-85 (10) 4-86 (11) 4-83 5(1) 4-97(a),(b),(d) (2) 4-98(a),(c),(d) (3) 4-102 (4) 4-99 (5) 4-101 (6) 4-103 (7) -4-98(b) (8) 4-97(c) Supp.No.20 1477 EULESS CODE Section Ord.No. Date Section this Code (9) 4-100 (10) 4-104 6(1)—(3) 4-111 (4),(5) 4-112 (6) 4-113 (7),(8) 4-114 7 4-75 10 4-76 950 10-27-87 1 16-22 951 10-27-87 1 14-124 955 11-10-87 Art./Secs. I 3-1 II 3-2 III 3-2 3-3 3-3 3-4 3-4 3-6 3-5 3-7 IV 3-6 3-8 V 3-7-3-17 3-40-3-50 VI 3-18-3-25 3-61-3-68 3-26 3-9 3-27 3-5 3-28-3-41 3-10-3-23 3-43 3-24 3-45 3-25 3-46 3-26 Section 956 11-10-87 1 7-75 87-662(Res.) 11-10-87 16-22(e) Supp.No.20 [The next page is 1481] "•••""•\ 1478 CODE INDEX AIR POLLUTION CONTROL—Cont'd. Section Standards Air contaminants and activities not covered by state board . 8-27 State board regulations 8-26 AIRPORT ZONING BOARD Created 2-8 Regulations,duty to administer 2-8 Representation of political subdivisions 2-9 ALARM SYSTEMS Alarm activation,limitation and reset requirement 2 1/4-4 Alarm system operating instructions 2 1/4-7 Automatic alarm notification prohibited 2 1/4-6 Definitions 2 1/4-1 Direct alarm reporting 2 1/4-6 Exceptions 2 1/4-12 False statements 2 1/4-2 Financial institutions Protection of 2 1/4-8 Implementation of provisions 2 1/4-14 Indirect alarm reporting 2 1/4-5 Limitation 2 1/4-4 Operating instructions 2 1/4-7 Operation and maintenance Proper 2 1/4-3 Performance reviews of systems 2 1/4-13 Permit Application 21/4-2 False statements on 2 1/4-2 Fee - 21/4-2 Refusal to issue,appeal 2 1/4-10 Required 2 1/4-2 Revocation of 2 1/4-10 Appeal of 2 1/4-10 Transferability 2 1/4-2 Proper operation and maintenance 2 1/4-3 Reporting Direct alarms 2 1/4-6 Indirect alarms 2 1/4-5 Reset requirements 2 1/4-4 Service fee 2 1/4-9 System performance reviews 2 1/4-13 Violations, penalty 2 1/4-11 ALCOHOLIC BEVERAGES Churches,schools,hospitals,etc. Proximity of establishments selling alcoholic beverages to . 21/2-2 Supp.No.20 1499 EULESS CODE ALCOHOLIC BEVERAGES—Cont'd. Section License fee Levied;applicability;collection;etc 21/2-1 Parks,prohibited in;exceptions 12-12 Vagrancy provisions applicable to.See:Vagrancy ALLEYS Street defined re 1-3 Streets in general.See:Streets and Sidewalks Traffic regulations.See:Traffic ALMS,SOLICITING Vagrancy provisions applicable to.See:Vagrancy AMBULANCES Authorized emergency vehicles.See:Traffic Vehicles for hire(ambulance).See that title AMPLIFIERS Prohibited noises enumerated.See:Noises ANIMALS AND FOWL Adoption of dogs or cats 3-7 Animal care 3-9 Animal control officer Duties 3-22 Right of ingress 3-23 Animal pens,sanitary conditions of 3-12 Animals running at large Fowl 3-5 Generally 3-4 Authority to destroy certain animals 3-19 Barking dogs 3-11 Confinement during estrus 3r6 Construction 3-2 Dead animals 3-15 Definitions 3-2 Estrays Advertisement of impounded estrays 3-42 Area,size and location restrictions 3-48 Breeding 3-50 Death of estray 3-47 Escape of estray 3-47 Impoundment 3-41 Recovery 3-43 Riding or driving livestock on sidewalks or streets 3-49 Sale proceeds,recovery by owner 3-45 Sales 3-44 \Supp.No.20 1500 CODE INDEX ANIMALS AND FOWL—Cont'd. Section Unattended estrays(livestock) 3-40 Usage 3-46 Exceptions and exemptions . 3-25 Fees 3-8 Guard dogs 3-17 Impoundment 3-3 Injured or diseased animals,impoundment of 3-21 Nonconforming uses 3-26 Nursing baby animals,impoundment of 3-20 Penalty clause 3-24 Preamble 3-1 Prohibited animals,keeping of 3-14 Rabies control Animals which have died of rabies 3-67 Certificate of rabies vaccination 3-62 Confinement 3-65 Immunization and vaccination 3-61 Observation 3-65 Person's duty re knowledge of animals exhibiting rabid symptoms 3-68 Quarantine 3-66 Reporting Bites 3-63 Suspected rabies 3-64 Restriction on number of animals to be kept 3-13 Slaughtering animals 3-10 Traps and equipment,tampering with 3-18 Vicious animals ' 3-16 ANNEXATIONS Ordinances saved from repeal,other provisions not included herein.See the preliminary pages and the adopting ordi- nance of this code. ANNUAL BUDGET,ETC. Ordinances saved from repeal, other provisions not included herein.See the preliminary pages and the adopting ordi- nance of this code. APPROPRIATIONS Ordinances saved from repeal, other provisions not included herein.See the preliminary pages and the adopting ordi- nance of this code. ARRESTS Electrical inspector,authority.See:Electricity Fire marshal,authority of.See:Fire Marshal Fires,suspicious persons.See:Fire Department Traffic arrest procedures.See:Traffic Supp.No.20 1500.1 EULESS CODE ARSON Section Reward.See:Fire Prevention ASSEMBLIES Interference with use of streets 11-5 Supp.No.20 1500.2 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.20 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 Livestock,riding or driving on sidewalks or streets 3-49 Moving buildings.See:Buildings • Supp.No.20 ^� 1536 CODE INDEX STREETS AND SIDEWALKS—Cont'd. Section Obstructions Interfering with use of streets 11-5 Moving buildings.See:Buildings 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.20 1536.1 CODE INDEX TRAFFIC—Cont'd. Section Right side of roadway, duty to drive on, when 14-67 Limitations on backing of vehicles — — 14-88 Littering of streets. See: Garbage and Trash Livestock,riding or driving on sidewalks or streets 3-49 Supp.No.20 1544.1 CODE INDEX TRAFFIC—Cont'd. Section Public service corporations Authorized emergency vehicles. See within this title that subject Pushcarts, applicability ____—_________ _ 14-7 Railroads and trains Interfering with signs and signals - _ 14-55 Traffic-control signs, signals and devices. See within this title that subject Railroad crossings Parking restrictions. See within this title: Park- ing, Stopping and Standing Special stops _____ _ 14-91 Stopping required at railroad crossings,when ______-___ 14-91 Reckless driving __—__ 14-93 Removal of vehicles Violations. See within this title that subject Residential areas Parking restrictions. See within this title: Parking, Stopping and Standing Right side of roadway Duty to drive on _________________—_—_______________________ 14-66 Right-of-way Defined - -----— - -- - 14-1 Intersections. See also within this title that subject Pedestrians on 14-124 Traffic-control signs, signals and devices. See with- in this title that subject Vehicle emerging from alley or driveway 14-89 Roadway Defined — ________________ 14-1 Roadway laned for traffic. See within this title: Laned Roadways Roller skates. See within this title: Coasters, Roller Skates and Similar Devices Rotary traffic islands Designation and use 14-76 Driving around ____ 14-76 Safety zone Defined ------- -------------- ____--- --— — 14-1 Parking restrictions. See within this title: Parking, Stopping and Standing School bus Overtaking and passing. See within this title: Over- taking,Meeting and Passing "Seeing-eye"dogs Blind pedestrians. See within this title: Pedestrians Supp.No.20 1549 EULESS CODE TRAFFIC—Cont'd. Section Service stations. See within this title: Gasoline Stations Sidewalks Defined 14-1 Driving on 14-92 Vehicle emerging from alley or driveway 14-89 Signs, signals. See within this title: Traffic-control Signs, Signals and Devices Skates. See within this title: Coasters, Roller Skates and Similar Devices Sleds. See within this title: Coasters, Roller Skates and Similar Devices Speed regulations Following too closely ___ 14-78 Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code Speed limits Certain streets and portions of streets 14-66 Generally 14-65 Special or additional regulations — 14-2 Special stops Railroad crossings 14-91 Vehicle emerging from alley or private driveways 14-89 When traffic obstructed 14-90 Stop and yield signs Traffic-control signs, signals and devices. See within this title that subject Stop signs Parking restrictions. See within this title: Parking, Stopping and Standing Stop, stopping. See within this title: Parking, Stop- ping and Standing Streets and highways Definitions _ 14-1 Regulations relative to particular classes, types of public ways. See herein specific subjects Tacks. See within this title: Glass and Similar In- jurious Articles "Tail-gating" — 14-78 Time standard. See within this title: Official Time Standard Tin cans. See within this title: Glass and Similar In- jurious Articles Tow trucks. See: Vehicles for Hire (Wreckers and Tow Trucks) Supp.No.20 1550