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HomeMy WebLinkAboutSupplement No. 23 - 1974 Code of Ordinances SUPPLEMENT NO.23 August,1989 CODE OF ORDINANCES City of EULESS,TEXAS Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 1005,enacted June 27, 1989. See Code Comparative Table,page 1479. Remove old pages Insert new pages xiii, xiv xiii, xiv Checklist of up-to-date pages Checklist of up-to-date pages 103, 104 103, 104 117-140 173-180 173-180 �-' 213-216 213-215 227, 228 227-228.1 263-267 275-277 283, 284 283, 284 297-300 297-300 305, 306 305, 306 308.3, 308.4 308.3, 308.4 325, 326 325, 326 437-440 437,438 451,452 451, 452 529-534 529-534 539, 540 539, 540 607, 608 607, 608 611-614 611-614 617, 618 617, 618 757, 758 757, 758 761, 762 761, 762 Note—An updated checklist of pages in Code is included, fol- lowing Table of Contents. INSTRUCTION SHEET—Cont'd. 766.1-770 767-770.1 785-790 785-790 903-906 903-906 957, 958 957, 958 1097-1100 1097-1100 1163-1166.2 1163-1165 1319, 1320 1319, 1320 1479 1479, 1480 Index pages Index pages 1497-1500.2 1497-1500.2 1502.1-1504 1502.1-1503 1505, 1506 1505, 1506 1507-1512 1507-1512.1 1514.1-1516 1515-1516.2 1519-1522 1519-1522.1 1525-1530.1 1525-1530.4 1532.1-1542 1532.1-1542 1554.1-1560 1555-1561 Insert this instruction sheet in front of volume. File removed pages for reference. MUNICIPAL CODE CORPORATION Post Office Box 2235 1700 Capital Circle, S.W. Tallahassee, FL 32316 (904)576-3171 1-800-262-CODE(National) 1-800-342-CODE(Florida) 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 11. Schedule of Fees 117 2. Administration 153 Art. I. In General 153 Art. II. Civil Service System 159 Supp.No.23 Xlii EULESS CODE ^' Chapter Page Art. M. Advisory Board for Social Concerns. 164 Art. IV. Tree Board 166 Art. V. Officer and Employee Liability Plan 170 Art. VI. Self-insurance and Risk Management 172.3 Div. 1. General Provisions 172.3 Div. 2. Self-insurance and Risk Management Program 172.4 Div. 3. Payments For Covered Program Risks,Limitations,Conditions 172.8 Div. 4. Risk Manager 172.15 2%%. Alarm Systems 173 2%. Alcoholic Beverages. 183 3. Animals and Rabies Control 2.07 Art. I. General Provisions 207 Art. II. Estrays 223 Art. III. Rabies Control 227 4. Buildings and Structures 275 -� Art. I. In General 275 Art. II. Moving Buildings 276 Art. III. Signs and Billboards 280 Art. IV. Electrical Regulations 289 Div. 1. Generally 289 Div. 2. Inspectors 293 Div. 3. Licenses 296 Div. 4. Permits 299 Art. V. Plumbing and Gas Fitting 300.1 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 I-Iazard Re- duction 308.19 41. Cable Television 309 Art. I. In General 309 Art. II. Administration 316 Art. III. Operation Regulations 329 4%. Civil Preparedness 345 Supp.No.23 X1V 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 11, 12 2 iii OC 12.1 2 v, vi OC 13, 14 OC vii OC 15, 16 OC ix, x OC 17, 18 OC xi,xii OC 19, 20 OC xiii,xiv 23 21, 22 OC xiv.i 22 23, 24 OC xv, xvi 21 25,26 2 xvii 21 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 Supp.No.23 [1] EULESS CODE Page No. Supp.No. Page No. Supp.No. 37, 38 OC 172.11, 172.12 22 39, 40 OC 172.13, 172.14 22 41, 42 OC 172.15, 172.16 22 43, 44 OC 172.17 22 45, 46 OC 173, 174 23 47, 48 OC 175, 176 23 49 OC 177, 178 23 95 2 179, 180 23 99, 100 OC 181 18 101, 102 OC 183, 184 4 103, 104 23 185 13 117, 118 23 207,208 20 119,120 23 209,210 20 121,122 23 211,212 20 123, 124 23 213,214 23 125, 126 23 215 23 127,128 23 217,218 20 129, 130 23 219,220 20 �1 131, 132 23 221,222 20 133, 134 23 223,224 20 135, 136 23 225,226 20 137, 138 23 227,228 23 139, 140 23 228.1 23 153, 154 22 229,230 20 155, 156 1 231 20 157, 158 14 275,276 23 158.1, 158.2 18 277 23 159,160 3 279, 280 OC 161, 162 3 281, 282 OC 163, 164 9 283,284 23 165, 166 17 285,286 7 167, 168 17 287,288 13 169, 170 19 289,290 20 171, 172 19 291,292 20 172.1,172.2 19 293,294 20 172.3, 172.4 22 295,296 20 172.5,172.6 22 297,298 23 172.7, 172.8 22 299,300 23 172.9, 172.10 22 300.1 20 Supp.No.23 �,. [2] CHECKLIST OF UP-TO-DATE PAGES �.. Page No. Supp.No. Page No. Supp.No. 301,302 14 354.1 21 303,304 14 355,356 11 305,306 23 357,358 19 307,308 14 359 19 308.1,308.2 14 435,436 18 308.3,308.4 23 437,438 23 308.5,308.6 19 441,442 18 308.7,308.8 19 443,444 18 308.9,308.10 19 445,446 19 308.11,308.12 19 446.1 19 308.13,308.14 19 447,448 18 308.15,308.16 19 449,450 18 308.17,308.18 19 451,452 23 308.19,308.20 19 452.1 21 308.21,308.22 19 453, 454 OC 308.23 19 455, 456 OC 309,310 6 457, 458 OC 311,312 6 459, 460 OC 313,314 6 461, 462 OC 315,316 6 463, 464 OC �� 317,318 6 465,466 18 319,320 6 467,468 18 321,322 6 469,470 5 323,324 6 470.1 5 325,326 23 471, 472 OC 327,328 6 473, 474 OC 329,330 6 475,476 5 331,332 6 525,526 5 333,334 6 526.1 5 335,336 6 527, 528 OC 337,338 6 529,530 23 339,340 6 531,532 23 341,342 6 533,534 23 343,344 6 535,536 21 345,346 8 537,538 21 347,348 8 538.1,538.2 21 349,350 13 539,540 23 351,352 19 541,542 21 353,354 21 Supp.No.23 [31 EULESS CODE Page No. Supp.No. Page No. Supp.No. 543 13 787,788 23 589,590 19 789,790 23 591, 592 OC 791,792 1 593, 594 OC 793,794 1 595, 596 OC 795 13 597, 598 OC 837,838 21 599, 600 OC 839, 840 OC 601, 602 OC 841, 842 OC 603,604 4 843, 844 OC 605,606 4 845,846 15 607,608 23 846.1 15 609,610 13 847, 848 OC 611,612 23 849,850 21 613,614 23 851,852 21 615,616 10 899,900 2 617,618 23 901,902 14 619,620 19 903,904 23 621 19 905,906 23 �--...„ 655 OC 953,954 7 755,756 9 955,956 7 756.1 1 957,958 23 757,758 23 959,960 7 759, 760 OC 961,962 7 761,762 23 963 13 763, 764 OC 1003, 1004 OC 765,766 21 1005, 1006 OC 767,768 23 1007, 1008 OC 769,770 23 1009, 1010 OC 770.1 23 1011, 1012 OC 771,772 9 1013, 1014 OC 772.1 9 1015, 1016 OC 773, 774 OC 1017, 1018 OC 775,776 9 1019, 1020 6 776.1 9 1021, 1022 6 777, 778 OC 1022.1, 1022.2 7 779, 780 OC 1022.3, 1022.4 7 781,782 1 1022.5, 1022.6 21 783,784 1 1022.6.1 21 785,786 23 1022.7, 1022.8 13 Supp.No.23 -..,. [4] CHECKLIST OF UP-TO-DATE PAGES �� Page No. Supp.No. Page No. Supp.No. 1022.9, 1022.10 22 1215 OC 1022.11 22 1315, 1316 OC 1023, 1024 OC 1317, 1318 OC 1025, 1026 17 1319, 1320 23 1026.1 18 1320.1, 1320.2 7 1027, 1028 OC 1321, 1322 15 1029, 1030 OC 1322.1 15 1031, 1032 OC 1323, 1324 9 1033, 1034 OC 1324.1, 1324.2 12 1035, 1036 9 1325 12 1037, 1038 16 1326.1, 1326.2 9 1039, 1040 20 1327, 1328 12 1089, 1090 OC 1329, 1330 12 1091, 1092 OC 1330.1 12 1093, 1094 OC 1331, 1332 9 1095, 1096 OC 1332.1, 1332.2 9 1097, 1098 23 1332.3, 1332.4 13 1099, 1100 23 1332.5, 1332.6 13 1101, 1102 8 1333, 1334 15 1103, 1104 8 1335, 1336 15 1105, 1106 OC 1336.1 15 1107, 1108 OC 1337, 1338 7 1159, 1160 14 1339, 1340 16 1161, 1162 14 1340.1, 1340.2 16 1163, 1164 23 1341, 1342 OC 1165 23 1343, 1344 OC 1167, 1168 14 1345, 1346 OC 1169, 1170 14 1347, 1348 OC 1171, 1172 14 1349, 1350 OC 1173, 1174 14 1351, 1352 OC 1175, 1176 14 1353, 1354 OC 1177, 1178 14 1354.1, 1354.2 5 1179, 1180 14 1354.3, 1354.4 7 1181, 1182 14 1354.5 7 1183, 1184 14 1355, 1356 5 1185, 1186 14 1357, 1358 7 1187, 1188 14 1359, 1360 5 1189, 1190 14 1361 OC 1191 14 1461, 1462 19 Supp.No.23 ,�. [51 EULESS CODE Page No. Supp.No. Page No. Supp.No. 1463, 1464 19 1515, 1516 23 1465, 1466 19 1516.1, 1516.2 23 1467, 1468 19 1517, 1518 22 1469, 1470 9 1519, 1520 23 1471,1472 9 1521, 1522 23 1473, 1474 14 1522.1 23 1475, 1476 18 1523, 1524 21 1477,1478 22 1525, 1526 23 1479, 1480 23 1527, 1528 23 1481, 1482 OC 1529, 1530 23 1483, 1484 OC 1530.1, 1530.2 23 1485, 1486 OC 1530.3, 1530.4 23 1487, 1488 OC 1531, 1532 8 1489, 1490 OC 1532.1, 1532.2 23 1491, 1492 OC 1533, 1534 23 1493, 1494 OC 1535, 1536 23 1495 OC 1537, 1538 23 1497, 1498 23 1539,1540 23 .--� 1499, 1500 23 1541, 1542 23 1500.1, 1500.2 23 1542.1, 1542.2 21 1501, 1502 9 1543, 1544 16 1502.1, 1502.2 23 1544.1 20 1502.3, 1502.4 23 1545, 1546 OC 1503 23 1547, 1548 16 1504.1, 1504.2 22 1549, 1550 20 1505,1506 23 1551, 1552 OC 1506.1, 1506.2 19 1553, 1554 17 1507, 1508 23 1555, 1556 23 1509, 1510 23 1557, 1558 23 1511, 1512 23 1559, 1560 23 1512.1 23 1561 23 1513, 1514 19 Supp.No.23 [6] § 1-4 GENERAL PROVISIONS § 1-6 make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code. Sec. 1-5. Severability of parts of Code. It is hereby declared to be the intention of the city council that the sections, paragraphs, sentences, clauses and phrases of this Code are severable and, if any phrase, clause, sentence, para- graph or section of this Code shall be declared unconstitutional by the valid judgment or decree of any court of competent juris- diction, such unconstitutionality shall not affect any of the re- maining phrases, clauses, sentences, paragraphs and sections of this Code, since the same would have been enacted by the city council without the incorporation in this Code of any such uncon- stitutional phrase, clause, sentence, paragraph or section. Sec. 1-6. General penalty for violation of Code; continuing violations. (a) Whenever in this Code or in any ordinance of the city an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor,or whenever in such Code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided there- for, the violation of any such provision of this Code or any such ordinance shall be punished by a fine: (1) Not to exceed two hundred dollars($200.00); (2) Not to exceed one thousand dollars($1,000.00)if the provi- sion violated governs fire safety, zoning or public health and sanitation, including vegetation and litter violations and the dumping of refuse; or (3) Fixed by state law if the violation is one for which the state has fixed a fine. (b) A person violating a provision of this Code or of any ordi- nance is guilty of a separate offense for each day or part of a day during which the violation is committed, continued or permitted, Supp.No.23 103 § 1-6 EULESS CODE § 1-6 unless otherwise provided. (Ord. No. 792, § 1, 5-22-84; Ord. No. 857, § 1, 8-27-85) State law references—Authority of city to prescribe penalties for violation of Code of Ordinances,V.T.C.S.,art. 1176a, § 1;punishment for violation of statute, art. 1195; municipal court criminal jurisdiction, V.T.C.C.P. arts. 4.01, 4.14; au- thority to imprison in default of fine payment,art.43.09. [The next page is 117] Supp.No.23 104 Chapter 112 SCHEDULE OF FEES* Sec. 11/2-21%.2(b). Security alarm system—Permit fees. Security alarm permit $ 20.00 (Ord. No. 1005, § 36, 6-27-89) Sec. 11 -2%.9(a). Same—False security alarm service. False security alarm service $ 30.00 (Ord. No. 1005, § 36, 6-27-89) Sec. 12-2%. Alcoholic beverages. Alcoholic beverage permits (set by state—One-half of state fee). Beer retailer, off-premises,per year $ 30.00 Late hours,per year 75.00 Mixed beverage, per year, beginning with fourth year of operation 375.00 (Ord. No. 1005, § 36, 6-27-89) Sec. 1/-3.8. Animal shelter. (1) Impoundment of neutered or spayed animal: First impoundment $ 10.00 Second impoundment 25.00 Third impoundment 35.00 Fourth impoundment 85.00 (2) Impoundment of unneutered or spayed animals: First impoundment $ 25.00 Second impoundment 50.00 Third impoundment 75.00 Fourth impoundment 175.00 *Editor's note—The section numbers of this chapter correspond to provisions set out elsewhere in this Code.For example, § 11/2-3.8 of this chapter sets out fees for the animal shelter,and likewise§3-8 of this Code contains provisions pertain- ing to shelter fees.For this reason,no attempt has been made to cross reference these fees to other corresponding provisions. Supp.No.23 117 §11 -3.8 EULESS CODE § 112-3.8 (3) Rabies vaccination Actual cost (4) 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 (5) 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. (6) Poundage for all estrays(livestock): First impoundment $ 50.00 Second impoundment 100.00 Third impoundment 150.00 (7) Feed and care for estrays(livestock),per day $ 10.00 (8) The owners shall pay for any veterinarian or drug fees incurred for the animal while it is in the custody of the city. (9) Newspaper advertisement Actual cost As determined from time to time, and in the event more than one(1)animal is advertised in the same advertisement, the cost per head shall be divided equally among the animals sold or redeemed. (10) Handling and disposing of dead animals: Animals weighing less than forty(40)pounds . . . . $ 10.00 Animals weighing more than forty(40)pounds . . 20.00 Citizens bring animal to shelter No charge (11) Adoption of animals: Dogs $ 10.00 Cats 5.00 (Ord. No. 1005, § 36, 6-27-89) Supp.No.23 118 §11/2-4.20(b) SCHEDULE OF FEES § 11-4.114 Sec. 11/2-4.20(b). Moving buildings. Permit $ 50.00 (Ord. No. 1005, § 36, 6-27-89) Sec. 11-4.44(a). Signs and billboards. Permit fee schedule for all signs is based on the cost of construc- tion. See section 11-4.1000(a),(b). (Ord. No. 1005, § 36, 6-27-89) Sec. 11-4.97(d). Electrical contractor's license. First year $100.00 Annual renewal 25.00 (Ord. No. 1005, § 36, 6-27-89) Sec. 11/2-4.98(d). Master electrician's license. First year $ 25.00 Annual renewal 5.00 Journeyman electrician's license,per year 2.00 (Ord. No. 1005, § 36, 6-27-89) Sec. 11/2-4.99. Apprentice electrician's license. Annual license $ 1.00 (Ord. No. 1005, § 36, 6-27-89) Sec. 11/2-4.114. Electrical regulation. (a) Schedule of electrical fees: (1) Multifamily unit, per unit $35.00 (2) Commercial and all others,minimum fee(plus fixture cost) 10.00 (3) Fixture: Outlets—First 10 2.00 Each additional 0.15 Service, 100 amp or larger 15.00 Temporary pole(construction trailer) 15.00 Transformers(except doorbells and signs) 2.00 Supp.No.23 119 §11/-4.114 EULESS CODE § 11/2-4.150(b) Signs $ 5.00 Motors—%to 1 hp 1.00 l to 5 hp. 3.00 Over 5 to 10 hp 5.00 Over 10 to 50 hp 10.00 Over 50 hp. 15.00 (4) Appliance: Range 2.00 Heater 2.00 Dishwasher 2.00 Dryer 2.00 Disposal 2.00 Automatic washer 2.00 Air conditioner(window unit) 2.00 Fan(attic,ceiling,etc.) 2.00 Separate circuit 2.00 15 amp to 50 amp circuits,220 volts 2.00 Gasoline pump 2.00 Miscellaneous 2.00 (b) Reinspection,per hour 30.00 (c) Fire alarm system (residential and multifamily units),per unit 25.00 Other fire alarm permit fees based on cost of work plus additional sixty-five (65) per cent of permit fee for plat review. (Ord. No. 1005, § 36, 6-27-89) Sec. 11-4.135(c). Fences and obstructions—Administration. Fence permit fee schedule is based on the cost of construction. See Section 11/2-4.1000(a),(b). Fence ordinance variance request $150.00 (Ord. No. 1005, § 36, 6-27-89) Sec. 1%-4.150(b). Satellite television reception dishes. Permit fee schedule for installation of satellite television recep- tion dishes is based on the cost of construction. See Section 11/2- Supp.No.23 120 § 11/2-4.150(b) SCHEDULE OF FEES § 11/2-4.1000 4.1000(a),(b). (Ord. No. 1005, § 36, 6-27-89) Sec. 11-4.1000. Schedule of inspection fees. (a) Group R Division Occupancies(residential): Single-family, single-family attached, town- homes-2,000 square feet $650.00 Group R Division Occupancies(residential) Single-family, single-family attached, town- homes-2,001 square feet and over 700.00 Group R Division(residential),per square feet 40.00 Miscellaneous: All other groups and occupancies, includ- ing sewer lines, air conditioning repairs, hot water heat- ers, swimming pools,fences, signs and fire protection sprin- klers, shall be based on the estimated cost of construction (see (b)below). If in the opinion of the building official the valuation of building, alteration or structure appears to be under estimated, the permit shall be denied unless the applicant can show detailed estimated costs to meet the approval of the building official. (b) Building permits based on cost of construction: $1.00 to$500.00 $ 15.00 $501.00 to $2,000.00, for first$500.00,plus $2.00 for each additional $100.00 or fraction there- of,to and including$2,000.00 15.00 $2,001.00 to $25,000.00, for first $2,000.00, plus $9.00 for each additional $1,000.00 or frac- tion thereof,to and including$25,000.00 45.00 $25,001.00 to $50,000.00,for first $25,000.00, plus $6.50 for each additional $1,000.00 or frac- tion thereof,to and including$50,000.00 252.00 $50,001.00 to $100,000.00, for first $50,000.00, plus $4.50 for each additional $1,000.00 or fraction thereof,to and including$100,000.00 . 414.50 $100,001.00 to $500,000.00,for first$100,000.00, plus $3.50 for each additional $1,000.00 or fraction thereof,to and including$500,000.00 . 639.50 Supp.No.23 121 § 11/2-4.1000 EULESS CODE § 12-4.1000 $500,001.00 to$1,000,000.00,for first$500,000.00, plus $3.50 for each additional $1,000.00 or fraction thereof,to and including$1,000,000.00 $2,039.50 $1,000,001.00 and up, for first $1,000,000.00, plus $2.00 for each additional $1,000.00 or frac- tion thereof 3,539.50 (c) Reinspection,per hour 30.00 (d) Inspections for which no fee is specifically indi- cated,per hour(minimum charge—one(1)hour) 30.00 (e) Additional plan review required by changes, ad- ditions or revisions to approved plans, per hour charge(minimum charge is one-half hour) 30.00 (f) Certificate of occupancy 35.00 (g) Day care, annual 50.00 (h) Public swimming pools,annual 100.00 (i) Plumbing: (1) Multifamily construction(per unit) 35.00 (2) Commercial construction, any permit (plus fixture cost) 10.00 Each fixture or trap 3.00 Water heater 5.00 Sewer line 7.00 Interceptors 10.00 Rainwater systems 4.00 Backflow protection device 10.00 Gas piping system(per outlet) 2.00 Miscellaneous 5.00 (j) Heat and air(mechanical fees): (1) Multifamily construction(per unit) 30.00 (2) Commercial construction, any permit (plus fixture cost) 10.00 (3) Installation of air conditioning equipment per ton up to 5 tons 2.00 Per ton for each additional ton .50 Supp.No.23 122 §11-4.1000 SCHEDULE OF FEES § 11/2-6.1(ex4) Hood/heating and air systems $ 7.00 Equipment regulated by code with no fee schedule 10.00 Electrical,per kw up to 5 kw 2.00 Plus each additional kw .25 Gas, 75,000 BTU or less 2.00 Plus each additional 25,000 BTU .50 Exhaust fan with single vents 4.50 Miscellaneous items 7.00 Commercial cooking hood(drawing and spec- ifications required) 7.00 Hood extinguishing systems(drawing and speci- fications required) 7.00 Hood systems connected to fire alarm system, add 25.00 (Ord. No. 1005, § 36, 6-27-89) Sec. 1%-4i.30. Cable TV franchise. Annual franchise 3% of gross receipts (Ord. No. 1005, § 36, 6-27-89) Sec. 11/2-6.1(eX4). Fire prevention code. (1) Aircraft refueling vehicles $ 50.00 (2) Aircraft repair hangar 50.00 (3) Automobile wrecking yard 30.00 (4) Bonfires or rubbish fires(utilizing TACB-approved air curtain system only) 100.00 (5) Bowling pin or alley refinishing 50.00 (6) Burning in public place 100.00 (7) Candles and open flames in assembly area 20.00 (8) Cellulose nitrate storage 30.00 (9) Combustible fiber storage 30.00 (10) Compressed gases,flammable 30.00 Supp.No.23 123 § 11/2-6.1(eX4) EULESS CODE § 11/2-6.1(eX4) (11) Combustible material storage $ 30.00 (12) Cryogens 50.00 (13) Dry cleaning plants: a. Noncombustible liquid use 30.00 b. Flammable or combustible liquid use 30.00 (14) Dust-producing operations 30.00 (15) Explosives or blasting agents 40.00 (16) Fireworks(certified display only) No charge (17) Flammable or combustible liquid pipeline opera- tion and excavation 50.00 (18) Flammable or combustible liquid and tanks: a. Storage of Class I liquids in safety cans 10.00 b. Storage of Class II or III liquids in portable containers 30.00 c. Installation of underground tanks for the stor- age, use or sale of flammable and combusti- ble liquids 75.00 d. Remove, abandon, place temporarily out-of- service,flammable or combustible liquid tanks 30.00 e. Changing contents stored flammable or com- bustible liquid tanks 30.00 f. Operation of refineries, chemical plants and distilleries 40.00 (19) Fruit ripening processing 30.00 (20) Fumigation or thermal insecticidal fogging 30.00 (21) Garages 30.00 (22) Hazardous materials 50.00 (23) Hazardous production materials 50.00 (24) Highly toxic pesticides 30.00 (25) High-piled combustible storage 30.00 (26) Junk yards 30.00 Supp.No.23 124 §11/2-6.1(eX4) SCHEDULE OF FEES § 11/2-6.1(eX4) (27) Liquefied petroleum gases: a. Portable containers of 25 gallons and up to and including 120 water gallon capacity $ 20.00 b. Container exceeding 120 water gallon capac- ity up to and including 1,200 water gallons 30.00 c. Containers exceeding 1,200 water gallon ca- pacity up to 2,000 water gallon capacity 75.00 (28) Lumber yards 30.00 (29) Magnesium,working of 30.00 (30) Mall, covered: a. Display booths, concessions 15.00 b. As place of assembly 30.00 c. Open flame devices(use of) 10.00 d. To display liquid or fuel-powered equipment 30.00 e. Use of liquid or compressed flammable gas 10.00 (31) Matches 50.00 (32) Nitrate film 30.00 (33) Oil and natural gas wells 30.00 (34) Open burning: a. Display fires,entertainment events 15.00 b. Warming fires or portable heating appliances 15.00 c. Training fires(fire department use) No charge (35) Open-flame devices in marinas 30.00 (36) Organic coatings 30.00 (37) Oven,industrial baking or drying 30.00 (38) Parade floats 10.00 (39) a. Places of assembly 30.00 b. Nonprofit organizations—Churches,etc. . . No charge (40) Radioactive materials 30.00 (41) Refrigeration equipment 30.00 (42) Spraying and dipping operations 30.00 Supp.No.23 125 § 1/-6.1(eX4) EULESS CODE § 1/-7.14 (43) Tank vehicles for flammable and combustible liquids Exempt/no charge (44) Temporary places of assembly(30 days maximum): a. Tents and air-supported structures covering an area greater than 200 square feet $ 30.00 b. Circus,side show,carnival 30.00 c. Exhibitions 30.00 d. Dance halls 30.00 (45) Tire recapping 30.00 (46) Waste material handling plant 30.00 (47) Welding and cutting operations 30.00 (48) Speed bumps in marked fire lanes 15.00 (49) Inspection fee (initial inspection) No charge (50) Reinspection fee(third visit and thereafter) 15.00 (51) Plan review No charge (52) Hydrant flow-test 15.00 (53) Fire alarm system ,25.00 (54) Fire sprinkler and wet/dry standpipe system—This fee schedule is based on the cost of construction. See Section 11/2-4.1000(b), (d). (Ord. No. 1005, § 36, 6-27-89) Sec. 11/2-7.14. Garbage and trash collection. Franchise fee 2% of gross revenues Collection fee 5 5%of billings SERVICE FEES TO CUSTOMERS Residential curbside pickup twice a week, monthly rate $ 5.00 plus sales tax Standard Commercial Rates: Hand loading,per hour $ 35.00 Supp.No.23 126 § 11-7.14 SCHEDULE OF FEES § 11-7.67 Cans or bags,per can $4.50, with a $9.00 per month minimum for twice a week serv- ice, plus sales tax Standard Container Rates: Container Size Pickup Times Per Week (cubic yards) 1 2 3 4 5 6 2 $ 30.00 $ 47.00 $ 64.00 $ 81.00 $ 98.00 $115.00 3 37.00 62.00 87.00 112.00 137.00 162.00 4 45.00 75.00 105.00 135.00 165.00 195.00 6 62.00 100.00 140.00 180.00 220.00 260.00 8 78.00 128.00 178.00 228.00 278.00 328.00 30(open) 125.00 per dump 42(packer) 201.00 per dump On Call Service Per Month Per Dump 2 $21.00 $13.00 for each additional dump 3 25.00 13.00 for each additional dump 4 28.00 13.00 for each additional dump 6 34.00 15.00 for each additional dump 8 37.00 15.00 for each additional dump (The base rate for all "on call" services includes one dump.) (Ord. No. 1005, § 36, 6-27-89) Sec. 1'47.29. Grass and weeds-Collection of abatement cost. Administration charge $150.00 Advertising Actual cost Mowing/cleanup Actual cost Mail/legal notice Actual cost (Ord. No. 1005, § 36, 6-27-89) Sec. 11-7.67. Abandoned,derelict,lost property. Taking and impounding any personal property $3.00 Preparing advertisements of sale of each article 0.50 Selling each article 1.00 Posting notices of sale relating to any one article 0.50 (Ord. No. 1005, § 36, 6-27-89) Supp.No.23 127 § 11/2-8.71 EULESS CODE § 11-10.66 Sec. 11-8.71. Restaurant and itinerant restaurant. Annual permit per employee . .$10.00 but with a minimum of $50.00 and a maximum of $200.00 (Ord. No. 1005, § 36, 6-27-89) Sec. 11-8.86. Food and food service establishments. Annual permit per employee . .$10.00 but with a minimum of $50.00 and a maximum of $200.00 (Ord. No. 1005, § 36, 6-27-89) Sec. 11/2-8.101. Retail food stores. Annual permit fee per employee $5.00 but with a minimum of$25.00 and a maximum of (Ord. No. 1005, § 36, 6-27-89) $100.00 Sec. 11/2-10.7. Coin-operated machine licenses. Annual license per machine(one-half of state fee) . . . . $15.00 (Ord. No. 1005, § 36, 6-27-89) Sec. 11/2-10.34. Billiards or pool. Annual license for each table $10.00 (Ord. No. 1005, § 36, 6-27-89) Sec. 112-10.52. Occasional and garage sales. Garage sale permit $5.00 (Ord. No. 1005, § 36, 6-27-89) Sec. 11/2-10.66. Itinerant vendors. Annual permit per company $35.00 Annual permit per employee 10.00 Permit not required for interstate commerce vendors;but they must register with police department. (Ord. No. 1005, § 36, 6-27-89) Supp.No.23 128 §11/2-10.144 SCHEDULE OF FEES § 11-12.14 Sec. 11-10.144. Massage parlors and massage establish- ments license. Annual license $500.00 (Ord. No. 1005, § 36, 6-27-89) Sec. 11/2-12.10. Swimming pools. Swimming pool entrance $ 1.00 Swimming pool coupon book of 20 passes 12.50 Pool rental for 2 hours 50.00 Pool lifeguard for 2 hours(must be at least 2 lifeguards) 10.00 (Ord. No. 1005, § 36, 6-27-89) Sec. 11-12.14. Recreation. (1) Softball field rental(per tournament): Lighted for 1 hour $ 8.00 Lighted for 2 hours 15.00 Field use fee 150.00 Deposit 50.00 Team fee 10.00 Bag of marking dust 10.00 (2) Special events (10K runs; etc.) Actual cost to city except for recreation department person- nel time and supply of insurance verification to risk manager (3) Midway Recreation Center: Gymnasium(3 hours) $200.00 Deposit 100.00 Multipurpose room(1 hour) 20.00 Deposit for cleaning 50.00 Aerobics room(1 hour) 30.00 Babysitting(for 1 hour) 1.00 Racquetball courts: Resident, weekdays, from 7:00 a.m. to 5:00 p.m 3.00 Resident, weekdays, after 5:00 p.m., and weekends 6.00 Supp.No.23 129 § 11-12.14 EULESS CODE § 11/2-12.34 Nonresident,weekdays,from 7:00 a.m.to 5:00 p.m $ 5.00 Nonresident, weekdays, after 5:00 p.m. and weekends 10.00 (4) Simmons Recreation Center(J.A. Carr Park): Building rental(3 hours) 60.00 Deposit 50.00 Building attendant(3 hours) 25.00 (5) Class fees: Tennis for 4 weeks 30.00 Track for 6 weeks 30.00 Swimming lessons for 10 days 25.00 (6) Activity fee structure: Instructor fee ($7.00 to $10.00 per hour based on level of experience) 50.00 Printing and postage 10.00 �..� Material and equipment 10.00 User fee 10.00 Total 80.00 Divided by minimum of participants /5.00 Class fee 16.00 Nonresident fee added where applicable 2.00 All fees derived by this formula are used as a basis for determining the final class fee. (Ord. No. 1005, § 36, 6-27-89) Sec. 1'r'z-12.34. Library. (1) Duplicate library card $ 2.00 (2) Loss of or damaged beyond use or repair: Video game instruction booklet 1.50 Library materials Replacement cost Items not in Books in Print or published before 1975: Supp.No.23 130 § 11/-12.34 SCHEDULE OF FEES § 11/2-13.24 Children's hardbacks $ 10.00 Adult hardbacks 20.00 All paperbacks 10.00 Processing fee for each item lost or damaged beyond use or repair 5.00 "Hangup" bag 3.00 Videocassette case 3.00 Plastic art print cover 1.00 Material-number card 1.00 Material label 2.00 Major damage to cassette tape binder 3.00 Major damage to plastic cassette tape case 1.00 Major damage to record sleeve cover 4.00 Major damage to book binding . . . Cost of rebinding plus $5.00 reprocessing fee (3) Restricted material returned in bookdrop (video- cassette tapes,video games,records,cameras, 16mm film) $ 2.00 (4) Cost of sending overdue notice by certi- �� fied mail Actual postage cost (5) Photocopy or microfiche copy $ 0.10 (6) Fuller Room rental No charge (7) Nonresident fees (Bedford and Hurst residents are exempt): Video and art prints,per item $ 3.00 Required card 15.00 All other items,per item 0.25 Required card 5.00 (Items are checked out only on fee cards.) (Note: Library fines are set by city council resolution.) (Ord. No. 1005, § 36, 6-27-89) Sec. 11-13.24. Streets and sidewalks—Barricades Permit $15.00 (Ord. No. 1005, § 36, 6-27-89) Supp.No.23 131 §11-15.4 EULESS CODE § 11/2-15.4 Sec. 1%-15.4. Ambulance rates and supply charges (a) Rates: Base rate(basic life support) $200.00 (advance life support) 250.00 Aid given-No transport 50.00 Base rate for nonresident(basic life support) 350.00 (advance life support) 400.00 Aid given for nonresident-No transport 100.00 (b) Supplies. The charge for supplies is set by city council resolution and is subject to change without notice. The following charges are effective as of January 1, 1989: Oxygen $25.00 Extrication collar 25.00 EKG 40.00 E.T. tube 15.00 EOA/EGTA 45.00 IV therapy(per setup) 40.00 Bandaging material 25.00 O.B. kit 25.00 Burn sheet 15.00 Alupent Inhaler 176m 20.00 Aminophylline(500 MG) 3.00 Amyl Nitrate 8.00 Atropine 1 MG syringe 5.00 Benedryl 50 MG INJ 5.00 Bretylol 500 MG INJ 20.00 Calcium Chloride 1 MG INJ 15.00 Decadron 24 MG INJ 50.00 Dextrose 50%50 ML Syringe 8.00 Dopamine 400 MG 8.00 Epinephrine 1:1,000 6.00 Epinephrine 1:10,000 5.00 Epinephrine-Racemic 20.00 Glucagon 1 unit(1 MG) 25.00 Hyperstat 300 MG syringe 50.00 Instaglucose 5.00 Isuprel 1 MG 10.00 Lasix 40 MG 8.00 Supp.No.23 132 §11-15.4 SCHEDULE OF FEES § 11-15.45 Lidocaine 100 MG syringe $ 6.00 Lidocaine 2 GM syringe 10.00 Morphine Sulfate 15 MG TBX 10.00 Narcan 2.0 MG INJ 20.00 Nitroglycerine tablets 0.4 MG 1.00 Nitronox 20.00 Nitropaste 2%30 GM tube 2.00 Nitrol oint/dose No charge Nubain 10 MG INJ 6.00 Phenergan 25 MG INJ 3.00 Physostigmine 2 MG INJ 5.00 Pitocin 3.00 Procainamide 1000 MG 16.00 Procardia(PO) 2.00 Sodium Bicarb 50 MEQ(adult) 8.00 Sodium Bicarb(pediatric) 8.00 Syrup of Ipecac 4.00 Thiamine 200 MG Vial 6.00 Valium 10 MG syringe 8.00 Verapimil 9.00 Versed 2 ML Vial 15.00 (Ord. No. 1005, § 36, 6-27-89) Sec. 11-15.29. Vehicles for hire—Taxicabs and other pub- lic vehicles. Annual certificate of convenience and necessity $500.00 (Ord. No. 1005, § 36, 6-27-89) Sec. 11-15.45. Same—Wreckers and tow trucks. Application,per wrecker $ 25.00 Annual wrecker permit(expires December 31st) 25.00 (Permits and fees apply to companies within city limits and nonconsent pulls only.) (Ord. No. 1005, § 36, 6-27-89) Supp.No.23 133 § 11-16.21 EULESS CODE §11/2-16.22 Sec. 1'iz-16.21. Water and sewer. (a) Water: Size of Service Tap Fee Meter Box Meter —3/4" $250.00 $20.00 $200.00 1" 300.00 20.00 300.00 11" 330.00 35.00 400.00 2" 650.00 35.00 925.00 Larger meters: Cost of materials and labor plus 15%. Sprinkler meters:Installing additional meters to existing service: %"-3/4" meter $200.00 Box and fittings . . $65.00 1" meter 300.00 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: Connection or tap $200.00 Usage 200.00 (c) Street cuts. No street cuts are allowed. All streets must be bored. If a street cannot be bored, applicant must see the city engineer for alternative method, with a permit fee required as outlined in Section 11-13.24. (Ord. No. 1005, § 36, 6-27-89) Sec. 11/2-16.22. Water deposits. Residential units $ 50.00 Restaurant/cafe 300.00 Car wash 300.00 Cleaners 150.00 Commercial sprinkler 150.00 Beauty/barber shop 75.00 Service station 150.00 Shell buildings 200.00 Supermarkets/convenience stores 500.00 Supp.No.23 134 §11/2-16.22 SCHEDULE OF FEES § 11/2-16.22 Washaterias $300.00 Child care centers 200.00 Retail business—Small 75.00 Retail business—Large 150.00 Motels,per unit 50.00 Apartments, per unit 50.00 Office buildings,per suite 50.00 Fire hydrant meter deposit 600.00 Deposit per unit for commercial customers shall not be less than fifty dollars ($50.00) and shall be calculated to equal the multiple of five dollars ($5.00) nearest the estimated average monthly billing for the particular type of customer involved. Calculation shall be based on water, sewer and garbage monthly billing. Miscellaneous charges: Additional deposit $ 15.00 Reconnection fee 15.00 Meter relocation 200.00 Meter box and lid(%") 20.00 Meter box and lid(2") 35.00 Returned check 15.00 After hours service call 25.00 Meter calibrations: %II 50.00 1" 87.50 11" 137.50 2" 150.00 3" 175.00 4" 225.00 Repair of curb stop 50.00 Meter box lid 12.50 Fire hydrant meter(cost) 795.00 FHA inspection(water turned on for 48 hours) 10.00 Tampering with locked or plugged meters . . 75.00 (plus mis- demeanor charges will be filed for theft of service) Supp.No.23 135 § 11/2-16.22 EULESS CODE § 11/-16.23 For water deposit refund information, refer to Ordinance No. 950 and Resolution No. 87-662, Code Section 16-22. (Ord. No. 1005, § 36, 6-27-89) Sec. 1%-16.23. Water and sewer monthly rates. Water service within corporate limits $4.50 plus $2.05 per 1,000 gallons Water service outside corporate limits $10.00 plus$2.05 per 1,000 gallons Sewer Service—Residential. The sewer service charge for resi- dential customers shall be based on ninety (90) percent of me- tered water. Sewer service charges on ninety (90) percent me- tered water shall not exceed twelve thousand(12,000)gallons per billing period per living unit. The monthly minimum per dwell- ing unit shall be as follows: (a) Within corporate limits, four dollars twenty cents ($4.20) plus one dollar twenty-five cents ($1.25) per one thousand (1,000)gallons of ninety(90)percent of metered water. (b) Outside corporate limits, eight dollars($8.00)plus one dol- lar twenty-five cents($1.25)per one thousand(1,000)gallons of ninety (90)percent of metered water. Sewer Service—Commercial and Industrial. Commercial and industrial sewer charges shall be based on one hundred (100) percent of metered water. The rates are monthly minimum within city limits,four dollars twenty cents($4.20)plus one dollar twenty- five cents ($1.25)per one thousand(1,000)gallons; monthly min- imum outside city limits eight dollars ($8.00) plus one dollar twenty-five cents ($1.25) per one thousand (1,000) gallons of me- tered water.The following provisions apply to all commercial and industrial customers: (a) Customers that show proof that a significant portion of metered water does not enter the sanitary sewer shall not be billed for that portion that does not enter sanitary sewer. (b) Monitored group class customers shall be billed according to Section 16-25 of this Code. Supp.No.23 136 § 11-16.23 SCHEDULE OF FEES § 11-20 (c) Industrial cost recovery group customers shall be billed according to Section 16-25 of this Code plus the additional charges in Section 16-26 as required. The above rates are based on the cost of treated water pur- chased by the city from the Trinity River Authority of Texas equal to eighty-seven cents ($0.87) per thousand gallon (cost of water purchased during 1984-85 fiscal year). As the cost of treated water purchased by the city from the Trinity River Authority of Texas increases from time to time, the charge per thousand gal- lons' usage shall be increased by a like amount effective concur- rent with such increased charge to the city.The minimum charge and/or usage charge may be further adjusted by the city council from time to time. (Ord. No. 1005, § 36, 6-27-89) Sec. 11-16.24. Water and sewer—Reconnection of service. Reconnection $15.00 Additional deposit required 15.00 (Ord. No. 1005, § 36, 6-27-89) Sec. 11-16.25. Monitored group class. Customer monthly service charge $3.20 Volume charge,per 1,000 gallons BOD 1.05 Strength charge,per pound of BOD 0.0392 Suspended solids strength charge, per pound of sus- pended solids 0.0139 Monitoring charge 100% of cost to city (Ord. No. 1005, § 36, 6-27-89) Sec. 11-20. Miscellaneous fees. Research for nongovernment requests,per hour $15.00 Copies of documents(not otherwise listed),per page . 1.00 Copies of fire department incident reports 3.00 Fire department photographic reproductions: Minimum charge 25.00 Per unit 10.00 Plus processing costs Actual costs Supp.No.23 137 § 11/-20 EULESS CODE § 11/2-A Copies of police department reports $ 3.00 Emergency preparedness plan(2 volumes) 20.00 Fingerprints taken for individuals 5.00 Mailing lists of city service users 15.00 Economic Development Fact Book 15.00 Procedures manuals,per volume 10.00 Certified birth/death certificates First copy 7.50 Each additional copy 2.00 Certified documents(not listed otherwise) 7.50 Duplicate release of lien 15.00 Board and Commission Handbook 5.00 City Charter 10.00 City Code Book 100.00 City Code Book supplements 30.00 Zoning Ordinance 16.00 Subdivision Ordinance 8.50 Land Use Plan 5.00 Water and Sewer Book 15.00 ^� Zoning Map(1"=1000' scale) 5.00 Street Map(1"=1000'scale) 5.00 Grid Map(1"=1000' scale) 5.00 Flood Hazard Boundary Map(1"=1000' scale) 5.00 Future Land Use Map(1"=1000'scale) 5.00 Water and Sewer Map 5.00 K-E-F Water and Sewer Map 3.00 Lot and Block Map(1"=600'scale) 15.00 State Highway 360 Plan 4.00 Topographic Map(2'contour interval;1"=200'scale) 7.00 Standard details for public improvements,per sheet 5.00 Aerial photo(1"=200'scale)special order 7.00 Microfilm print 3.00 (Ord. No. 1005, § 36, 6-27-89) Sec. 11-A. Zoning. Categorical zoning and specific use permits: On 0 to Y2 acre $125.00 On Y2+ to 5 acres 250.00 On 5+ to 25 acres 500.00 Supp.No.23 138 §11/2-A SCHEDULE OF FEES § 11-B.7 25+ acres $500.00 Plus $10.00 per acre over 25 acres Planned Development and Community Unit Develop- ment all"PD" and"CUD"requests 500.00 Plus $10.00 per acre Special exception to masonry veneer requirements 125.00 Zoning board of adjustment variance requests: Residential 75.00 Commercial 235.00 (Ord. No. 1005, § 36, 6-27-89) Sec. 1'/z-B.7. Subdivisions. Application for site plan, where land is already plat- ted and additional improvements are proposed . . $225.00 Plus$5.00 per acre or$3.00 per lot or unit Application for preliminary plat 150.00 Application for final plat,where public improvements are proposed 275.00 Plus $5.00 per acre or$3.00 per lot or unit Application for final plat, where no public improve- ments are proposed 275.00 Combined preliminary/final plat, where public improve- ments are proposed 275.00 Plus $5.00 per acre or$3.00 per lot or unit Combined preliminary/final plat, where no public im- provements are proposed 275.00 Corrected plat, where no public improvements are proposed 225.00 Plat extension Same as original plat fee Replat,where public improvements are proposed . . . . 275.00 Plus $100.00 if a public hearing is required Plus $5.00 per acre or $3.00 per lot or unit Replat,where no public improvements are proposed . . 275.00 Special studies(hydraulic analysis,traffic analysis, etc.) Actual cost plus 10% Supp.No.23 139 § 11/2-B.7 EULESS CODE § 112-B.7 Street and drainage escrow,per linear foot per foot of width $ 5.00 Sanitary sewer pro-rata(lineal foot frontage) 8.00 Water pro-rata(lineal foot frontage) 8.00 (Ord. No. 1005, § 36, 6-27-89) Supp.No.23 [The next page is 153] 140 CHAPTER 21/4 ALARM SYSTEMS* Sec. 21/4-1. Definitions. The following definitions shall apply in the interpretation and enforcement of this chapter: Alarm system means a device or system that emits, transmits or relays a signal intended to summon, or that would reasonably be expected to summon, police services of the city, including, but not limited to, a system that emits a signal that is audible or visible from the exterior of a structure. Alarm system does not include: (1) An alarm installed on a vehicle unless the vehicle is per- manently located at a site; (2) An alarm designed to alert only the inhabitants of a premises which does not have a broadcast alarm. Alarm notification means a notification intended to summon the police, which is designed either to be initiated purposely by a person or by an alarm system that responds to a stimulus charac- teristic of unauthorized intrusion. Alarm site means a single premises or location (one street address)served by an alarm system or systems that are under the control of one owner. Broadcast alarm means an alarm system that emits a signal at the alarm site that is audible and/or visible from the exterior of a structure. Chief means the chief of police of the City of Euless or his designated representative. *Editor's note—Ordinance No.910,adopted Nov.25,1986,amended the Code by adding thereto a new chapter,but did not specify the exact manner of inclu- sion. At the editor's discretion, therefore, the provisions of Ord. No. 910 have been included as Ch.21/4. Cross references—Buildings and structures,Ch.4;fire protection and preven- tion,Ch.6. Supp.No.23 173 21/4-I EULESS CODE § 2�4�2� False alarm notification means an alarm notification to the police department, when the responding officer finds no evidence of unauthorized intrusion, attempted unauthorized intrusion, rob- bery, attempted robbery, or an attempt to take a person hostage. Permit holder means the person designated in the application as required herein who is responsible for responding to alarms and giving access to the site and who is also responsible for proper maintenance and operation of the alarm system and pay- ment of fees. Person means an individual, corporation, partnership, associa- tion,organization or similar entity. (Ord. No. 910, § 1(1), 11-25-86) Sec. 2'/4-2. Permit required; fee; application; transferability; false statements. (a) A person commits an offense if he operates or causes to be operated an alarm system without an alarm permit issued by the chief of police. A separate permit is required for each alarm site. (b) A fee, as set forth in Chapter 11/2 of this Code, shall be charged for the issuance of each permit and each alarm system installed at an alarm site from and after the effective date of this chapter and for each alarm system operable on the effective date hereof and for which a valid permit has not been issued by the implementation date applicable to such system provided in Sec- tion 21-14 hereof. (c) Upon receipt of a completed application form and the re- quired fee, the chief shall issue an alarm permit to an applicant unless the applicant has failed to pay a service fee assessed under Section 2'/4-10 or an alarm permit for the same address has been revoked, and the violation causing the revocation has not been corrected. (d) Each permit application must contain the following infor- mation: (1) Name, address and telephone number of the permit holder or person who will be responsible for the proper mainte- nance and operation of the alarm system and payment of fees assessed under this chapter; Supp.No.23 174 §21/4-2 ALARM SYSTEMS §21/4-2 (2) Address of the location of the alarm site; (3) A description by brand and general type of the alarm system stating the manner in which the alarm will be given, and if the alarm is to be transmitted to a central office, the name, address and telephone number of the operator of the central office; (4) Classification of the alarm site as either residential or commercial; (5) Other information required by the chief which is necessary for the enforcement of this chapter. (e) If the applicant is an individual, the application shall be subscribed and sworn to by such person. If the applicant is an individual and does not reside, operate any business or is not employed within the state, or in the event the applicant is a firm or partnership and no owner or general partner resides, operates a business or is employed within the state, then the application must also be subscribed and sworn to by the individual having the authority and responsibility for the management and opera- tions of the alarm site within the state. If the applicant is a corporation, the application shall be subscribed and sworn to by at least one principal corporate officer. If the applicant is a corpo- ration and none of its principal corporate officers are responsible for the management and the operations of the alarm site within the state,the application shall also be subscribed and sworn to by the individual having the authority and responsibility for the management and operations of the alarm site within the state. (f) The application shall include the following information for each individual required to subscribe and swear to it: (1) The individual's full name,business address and residence address; (2) The individual's residence and business telephone number. (g) Any false statement of a material matter made by an appli- cant for the purpose of obtaining an alarm permit shall be suffi- cient cause for refusal to issue a permit. (h) An alarm permit cannot be transferred to another alarm system or to another permit holder except by authorization of the Supp.No.23 175 2'/a-2 ^\� EULESS CODE §21/4-4 chief. A permit holder shall inform the chief of any change that alters any information listed on the permit application within two(2)business days. No fee will be assessed for such changes. (i) A permit holder shall cancel a permit for any alarm system which is removed from an alarm site or which otherwise ceases to come under the permit requirements of this chapter. Cancella- tion may be accomplished by returning the permit to the chief. (j) All fees owed by an applicant under this chapter must be paid before a permit may be issued or renewed. (Ord. No. 910, § 1(2), 11-25-86; Ord. No. 1005, § 1, 6-27-89) Sec. 21/4-3. Proper alarm system operation and maintenance. A permit holder shall: (1) Maintain the premises containing an alarm system in a manner that assures proper operation of the alarm system; (2) Maintain the alarm system in a manner that will mini- mize false alarm notification; (3) Respond to or cause a representative to respond within a reasonable period of time, which period shall be designated at the time, when requested by the city to repair or inacti- vate a malfunctioning alarm system, to provide access to the premises or to provide security for the premises; (4) Not manually activate an alarm for any reason other than the occurrence of an event that the alarm system was intended to report; and (5) Notify the police department prior to activating an alarm for maintenance purposes. (Ord. No. 910, § 1(3), 11-25-86) Sec. 21/44. Alarm activation,limitation and reset requirement. A permit holder shall not utilize any alarm system which causes an audible signal to be emitted continuously or intermit- tently for more than thirty (30) minutes after being activated or which emits a subsequent alarm without being reset. (Ord. No. 910, § 1(4), 11-25-86) Supp.No.23 176 §21/4-5 ALARM SYSTEMS §2'/4-8 Sec. 2'/4-5. Indirect alarm reporting. A person who is engaged in the business of relaying alarm notification to the city shall: (1) Communicate alarm notification to the city in a manner and form determined by the chief; (2) Comply with the requirements of this chapter and any rules and regulations promulgated by the chief. (Ord. No. 910, § 1(5), 11-25-86) Sec. 2'/4-6. Direct alarm reporting; automatic alarm notifi- cation prohibited. An alarm system which transmits automatic alarm notifica- tion directly to the communication center of the police depart- ment is prohibited, except for such systems currently in place on date of adoption hereof and to the original permit holder there- under, or as authorized in Section 21/4-9 hereof. (Ord. No. 910, § 1(6), 11-25-86) Sec. 2'/4-7. Alarm system operating instructions. A permit holder or person in control of an alarm system shall maintain a complete set of written operating instructions for each alarm system at each alarm site. Special codes, combina- tions or passwords must not be included in these instructions. (Ord. No. 910, § 1(7), 11-25-86) Sec. 21-8. Protection of financial institutions. (a) A financial institution required to have an alarm system pursuant to the provisions of the Bank Protection Act of 1968(12 U.S.C., Section 1882) may install, with the permission of the chief, a signal line directly to the police department for the pur- pose of reporting burglaries and robberies. If such an arrange- ment is made, all other requirements of this chapter must be met. The financial institution shall execute a letter of agreement with the city permitting the installation of all necessary equip- ment on an indicator panel monitored in the communications division of the police department. The installation must be ac- complished at the institution's expense. Supp.No.23 177 §21/4-8 EULESS CODE §2'/4-9 (b) The financial institution shall pay an annual fee to be determined for each indicator. The chief shall have the right, at reasonable times and upon oral notice, to inspect the alarm sys- tem at the alarm site and require necessary repairs or improve- ments. If the chief finds that the alarm system continually fails to operate properly,or to be operated properly,he may terminate the privilege to have equipment and indicators in the communi- cations center of the police department and require prompt re- moval of the equipment at the expense of the financial institution. (c) The financial institution, at its expense, shall make arrange- ments to provide service for the alarm system at the request of the financial institution or the chief on a twenty-four-hour basis, seven(7)days a week. In no event shall the city become liable for charges for repairs and maintenance. (d) The financial institution may cancel its agreement with the city at any time by giving the city written notice through the chief and, at its own expense, remove its equipment and indica- tors from the monitor panel in the communications center. (e) The chief may require any change,modernization or consol- idation of alarm signaling equipment that he deems advisable.In no event shall the city become liable for charges for these changes. (f) Instead of a direct line, a financial institution may report burglaries and robberies by transmission through an alarm re- porting service using special equipment designated by the chief. (Ord. No. 910, § 1(8), 11-25-86) Sec. 2%-9. Service fee. (a) Except as otherwise provided in paragraphs(b), (c) and(d) below, the holder of an alarm permit shall pay a service fee, as set forth in Chapter 11 of this Code,for each false alarm notifica- tion emitted from any alarm system that is in excess of four (4) false alarms within any twelve-month period. (b) If a person notifies the chief and applies for an alarm per- mit before a new alarm system is put into service, no service fee will be assessed during the first sixty(60)days after the system is \ Supp.No.23 178 §21/4-9 ALARM SYSTEMS §21/4-10 put into service, and false alarm notification during that period will not be counted in determining when a service fee will be assessed. (c) If the responding police officer determines that an alarm notification was caused by unauthorized intrusion, attempted unauthorized intrusion, robbery, attempted robbery, or any at- tempt to take a person hostage, that notification will not be counted in determining when a service fee will be set. (d) A false alarm notification will not be counted in determin- ing when a service fee will be assessed if the permitee can prove that the alarm notification was the result of a severe weather condition that caused physical damage to the alarm site, or the result of the malfunction of the telephone lines for the transmis- sion of alarm signals, proof of the latter being documented upon the telephone company work orders or time-stamped records from the alarm company showing the period of interrupted service. (Ord.No. 910, § 1(9), 11-25-86; Ord. No. 1005, § 2, 6-27-89) Sec. 2%-10. Revocation of permit; appeal of revocation or refusal to issue permit. (a) The chief shall revoke an alarm permit if he determines that: (1) There is a false statement of a material matter in the application for permit; (2) The permit holder has violated any provision of this chapter; (3) The permit holder has failed to make payment of a service fee assessed within thirty (30) days of receiving notice to do so. (b) A person commits an offense if he operates an alarm sys- tern during the period in which his alarm permit is revoked. (c) If the chief refuses to issue a permit,or revokes a permit,he shall send to the applicant or permit holder by certified mail, return receipt requested, written notice of his action and a state- ment of the right to an appeal. The applicant or permit holder may appeal the decision of the chief to the city manager by filing Supp.No.23 179 21/4-10 EULESS CODE § 21/4-11 with the city manager a written request for a hearing, setting forth the reasons for the appeal,within ten(10)days after receipt of the notice from the chief. The filing of a request for an appeal hearing with the city manager stays an action of the chief in revoking a permit until the city manager or his designated rep- resentative makes a final decision. If a request for an appeal hearing is not made within the ten-day period, the action of the chief is final. (d) The city manager or his representative shall serve as hear- ing officer at an appeal and consider evidence by any interested person. The formal rules of evidence do not apply at an appeal hearing and the hearing officer shall make his decision on the basis of a preponderance of the evidence presented at the hear- ing. The hearing officer must render a decision within thirty(30) days after the request for an appeal hearing is filed. The hearing officer shall affirm, reverse or modify the action of the chief. The decision of the hearing officer is final as to administrative reme- dies with the city. (Ord. No. 910, § 1(10), 11-25-86) Sec. 2%-11. Violation;penalty. (a) A person commits an offense if he violates by commission or omission any provision of this chapter that imposes upon him a duty of responsibility. (b) A person who violates a provision of this chapter is guilty of a separate offense for each day or portion of a day during which the violation is committed, continued or permitted, and each violation is punishable by a fine of not less than fifty dollars ($50.00) or more than two hundred dollars ($200.00) upon first conviction and not less than seventy-five dollars ($75.00) nor more than two hundred dollars ($200.00) upon the second and subsequent convictions. (c) In addition to prohibiting or requiring certain conduct of individuals, it is the intent of this chapter to hold a corporation, partnership or other association criminally responsible for acts or omissions performed by an agent acting in behalf of the corpora- tion,partnership or other association, and within the scope of his employment. (Ord. No. 910, § 1(11), 11-25-86) Cross reference—General penalty, § 1-6. Supp.No.23 180 §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.23 213 §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 ibove 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. Shelter fees. Fees for poundage of animals, newspaper advertisements, han- dling and disposing of dead animals and any other fees author- Supp.No.23 214 §3-8 ANIMALS AND RABIES CONTROL §3-8 ized or permitted under this chapter shall be as set forth in Chapter 11/2 of this Code. (Ord. No. 955, Art. IV, § 3-6, 11-10-87; Ord. No. 1005, § 3, 6-27-89) Supp.No.23 215 §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 acre, (43,560 square feet) per animal. All such livestock shall be kept within enclosed areas, and a fence or fences of sufficient strength to contain such animals shall be provided to maintain the 100-foot separation required hereby. All premises upon which such live- stock is kept or maintained shall be brought into compliance with the terms of this section on or before July 23, 1989. (Ord. No. 955, Art. V, § 3-15, 11-10-87; Ord. No. 1001, § 1, 5-23-89) 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. *Cross reference—Authority to destroy rabid animals, § 3-19. Supp.No.23 227 §3-61 EULESS CODE §3-62 (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- 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 Supp.No.23 228 §3-62 ANIMALS AND RABIES CONTROL §3-62 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.23 228.1 Chapter 4 BUILDINGS AND STRUCTURES* Art. I. In General, §§ 4-1-4-19 Art. II. Moving Buildings,§§ 4-20-4-39 Art. III. Signs and Billboards,§§ 4-40-4-69 Art. IV. Electrical Regulations,§§ 4-70-4-119 Div. 1. Generally, §§ 4-70-4-80 Div. 2. Inspectors, §§ 4-81-4-96 Div. 3. Licenses, §§ 4-97-4-110 Div. 4. Permits, §§ 4-111-4-119 Art. V. Plumbing and Gas Fittings, §§ 4-120-4-131 Art. VI. Fences and Obstructions,§§4-132-4-149 Art. VII. Satellite Television Reception Dishes,§§4-150-4-169 Art. VIII. Flood Damage Prevention,§§4-170-4-214 Div. 1. General Provisions, §§4-170-4-189 Div. 2. Administration, §§4-190-4-209 Div. 3. Provisions for Flood Hazard Reduction,§§4-210-4-214 ARTICLE I. IN GENERAL Sec. 4-1. Codes,amendments thereto,adopted by reference. The 1985 edition of the Uniform Building Code and appendi- ces, with amendments, dwelling construction under the Uniform Building Code, Uniform Code for the Abatement of Dangerous Buildings, Uniform Housing Code, Uniform Mechanical Code and appendices, as adopted by the International Conference of Building Officials,with revisions, are hereby adopted. The Build- ing Code of the City of Euless, Texas, is hereby revised and amended to conform to the 1985 edition of the Uniform Building Code, dwelling construction under the Uniform Building Code, Uniform Code for the Abatement of Dangerous Buildings, Uni- form Housing Code and Uniform Mechanical Code, marked "Ex- hibit B," are incorporated herein by reference and have been filed in the office of the city secretary for permanent record and inspection. (Ord. No. 504, 3-23-76; Ord. No. 614, § 1, 3-25-80; Ord. No. 715, § 1, 9-28-82; Ord. No. 889, § 1, 8-26-86) *Cross references—Building inspector as ex officio fire marshal, § 6-41; air pollution control division in department of inspections, § 8.21; swimming po.l permits, §8-41;erecting structures in parks, § 12-6. . State law references—Authority to establish fire limits,V.T.C.S.art. 1175(25); authority to establish building lines,art. 1105a. Supp.No.23 275 §4-2 EULESS CODE §4-21 Editor's note—Section 2 of Ord.No.889,adopted Aug.26, 1986,declared Ord. Nos. 504,614 and 715, and all ordinances amendatory thereto,expressly super- seded by the terms of Ord.No.889.Accordingly,former§4-1,which derived from the above ordinances,has been deleted and the provisions of§ 1 of Ord.No.889 have been included as a new§4-1. Prior to the enactment of Ord.No.889,earlier provisions included as§§4-1 and 4-2 were deleted as being superseded by the provisions of Ord. No. 504. Said provisions pertained to similar subject matter and were derived from Ord. No. 403, § 1,adopted July 27, 1971;and Ord.No.489, § 1,adopted June 24, 1975. Charter reference—Condemnation of dangerous structures,Art.XII, §9. Sec. 4-2. Reserved. Note—See editor's note following§4-1. Secs. 4-3-4-19. Reserved. ARTICLE II. MOVING BUILDINGS. Sec. 4-20. Permit—Required;fees. (a) No person shall move any building or other structure within or through the limits of the city upon the streets, alleys, avenues or public grounds,without first having secured a permit from the city secretary authorizing the same; provided, no such permit shall issue for the moving of a structure or building into the city for reconstruction therein unless the owner thereof or his agent first secures a building permit for such construction. (b) The applicant, hereinafter called "mover," shall pay for said permit a fee or fees as set forth in Chapter 112 of this Code for each day or fraction thereof that the structure or building is in or on the streets, alleys, avenues or public grounds. (Ord. No. 59, § I, 1-12-57; Ord. No. 1005, § 4, 6-27-89) Sec. 4-21. Same—Bond;arrangement with utility companies. Before such permit is granted by the city secretary,the party apply- ing therefor shall give a surety bond payable to the city,in the sum of one thousand dollars($1,000.00),executed by a surety company au- thorized to do business in the state,to be approved by the city secre- tary and city attorney,conditioned among other things that said party will save,indemnify and keep harmless the city against all liabilities, Supp.No.23 276 § 4-21 BUILDINGS AND STRUCTURES ? judgments, costs and expenses which may in any way accrue against the city in consequence of the granting of the permit. The city secretary may refuse to issue a removal permit in a case where such work will necessitate the removal or cutting of any wires belonging to a public utility company, or to the city, until such time as the party making application for such permit shall have made satisfactory arrangements with the parties owning or controlling such wires, whether by written agreement or by depositing with said company a sufficient amount of money to cover the cost of such work, for cutting and replacing the wires so moved or cut, to the satisfaction of the parties owning or controlling same. (Ord. No. 59, § II, 1-12-57). Sec. 4-22. Same—Contents. A permit issued by the city secretary to a house mover shall state specifically all the conditions to be complied with in moving, shall designate the route to be taken and shall limit the time for removal. (Ord. No. 59, § III, 1-12-57) Sec. 4-23. Same—Denial for dangerous structures. If the chief of police deems it unsafe or dangerous to the public to move any building or other structure over public roads or grounds, on account of the condition of said building or structure, no permit shall be issued for said moving. (Ord. No. 59, § V, 1-12-57) Sec. 4-24. Use of designated route. In no case shall the streets, alleys, avenues or public grounds be used for the purpose of moving a building or structure except on a route designated by the chief of police. (Ord. No. 59, § III, 1-12-57) Sec. 4-25. Continuous operation; precautions at night. The removal of a building or other structure under a permit, when commenced, shall be continuous during all the hours of the day, and day by day, and at night if required by the chief Supp.No.23 277 § 4-43 BUILDINGS AND STRUCTURES § 4-45 cant, and if it shall appear that the proposed sign is in compli- ance with all of the requirements of this article, he shall issue the permit. (b) If the work authorized under the sign permit has not been started and diligently pursued within six (6) months after the date of issuance or a time extension obtained, the permit shall become null and void. (c) Each permit issued shall bear a serial number, and such serial number, name of the person erecting the display sign and the date of erection shall be painted or otherwise indicated in one of the lower corners of such sign. (Ord. No. 252,Art.II, §§ 3, 5, 5-25-65) Sec. 4-44. Same—Fees. (a) No permit shall be issued unless the applicant has first paid to the building inspector the fee required therefor as set forth in Chapter 11/2 of this Code. (b) No fee shall be required for a permit for alteration or repair unless the sign is to be altered or repaired to an extent of fifty (50)per cent of its then value or unless a change of location or in type of sign is involved,in which case the fee for said permit shall be in accordance with the amounts set forth above. The changing of movable parts or the repainting of display matter shall not be deemed an alteration.(Ord.No. 252,Art.II, §4,5-25-65;Ord.No. 1005, § 5, 6-27-89) Sec. 4-45. Same—Special signs. The building inspector shall make and enforce such regula- tions pertaining to any special sign as may be necessary to insure a safe and secure structure, properly located so as to safeguard life and property and to protect public interests, provided all permits for special signs must be approved by the board of adjustment. (Ord. No. 252,Art. I, § 3, 5-25-65) Supp.No.23 283 §4-46 EULESS CODE § 4-49 Sec. 4-46. Same—Revocation. The building inspector is authorized and directed to revoke any permit issued by him upon the failure of the permittee to comply with the provisions and requirements of this article. (Ord. No. 252, Art. VII,5-25-65) Sec. 4-47. Exceptions to provisions. Letters or figures painted directly on any wall of a building or lettering on a window, door or awning are not included in the provision of this article. (Ord. No. 252, Art. III, § 6, 5-25-65) Sec. 4-48. Nonconforming signs. The provisions of this article shall not apply to signs exist- ing since May 25, 1965, except that the enlargement, recon- struction or removal to other premises of any such signs will make such signs subject to the provisions of this article. (Ord. No. 252, Art. VI, 5-25-65) Sec. 4-49. Appeals. Any denial, suspension or revocation of a permit applied for or held pursuant to the provisions of this article, or any action taken by any official of the city concerning such permit or order to remove or alter a sign, may be appealed in writing by the aggrieved party to the board of adjustment by filing with the city secretary a written notice of such appeal, setting forth the specific grounds of error. Such notice must be filed within ten (10) days after the mailing of written notice of such action appealed from. The city secretary shall forthwith set said matter for a hearing before the board of adjustment and cause notice thereof to be given to the appli- cant not less than five (5) days prior to such hearing. At such hearing, the applicant shall show cause why the action Supp.No.23 284 §4-97 BUILDINGS AND STRUCTURES §4-99 (d) Fees, term of license. The fee for an electrical contractor's license, and for the annual renewal thereof, shall be as set forth in Chapter 11 of this Code. The term of such license and any renewal thereof shall be one(1)year. (Ord. No. 891, § 5(1), 8-26-86; Ord. No. 943, § 5(1), (8), 9-8-87; Ord. No. 1005, § 6, 6-27-89) 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- Forth Worth metroplex. (d) Fees, term of license. The fees for a master electrician's license, for a journeyman electrician's license, and for renewals of said licenses shall be as set forth in Chapter 11/2 of this Code. The term of such licenses and any renewals thereof shall be one (1)year.(Ord. No. 891, § 5(2),(8),8-26-86;Ord. No.943, § 5(2),(7), 9-8-87; Ord. No. 1005, § 7, 6-27-89) 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 as set forth in Chapter 11/2 of this Code. An apprentice electrician shall not be employed 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; Ord. No. 1005, § 8, 6-27-89) Supp.No.23 297 §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.23 298 §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.23 299 §4-111 EULESS 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. 4-113. 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 Chapter 11 of this Code. (b) There shall be a reinspection fee, as set forth in Chapter 11/2 of this Code, 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; Ord. No. 1005, § 9, 6-27-89) Sec. 4-115. Insurance. Every registrant shall carry contractor's public liability insur- ance in not less than the following amounts: Supp.No.23 300 §4-135 BUILDINGS AND STRUCTURES §4-136 (5) Height of fence. (6) Plat showing lot on which the fence is proposed to be erected, and the location of adjoining or adjacent lots show. ing existing structures and fences. The proposed fence shall be delineated by a dark heavy line. (c) Permit fee. A permit fee shall be paid prior to the issuance of any fence permit. The fee charged shall be in accordance with Chapter 11/2 of this Code. (Ord. No. 804, § 4, 9-11-84; Ord. No. 1005, § 10, 6-27-89) Sec. 4-136. Variances and appeals. (a) Variances. The Euless City Council may appoint a board consisting of at least five (5) members, who, after review of the application for variance or appeal by the city attorney for deter- mination as to form thereof and that same is within the purview of the authority of such board, shall hold a public hearing in which written notification has been given to all property owners within two hundred(200)feet of the proposed variance,[and]may grant a variance to this article where, in its opinion, the board finds the following requirements have been met: (1) Granting the variance will not adversely affect the inter- est of the City of Euless; (2) Granting the variance will not adversely affect the neigh- boring property owners; (3) There is, in the board's opinion, a hardship on the land, and that hardship is not a personal or self-created hardship. (b) Application for variance. Application for a variance shall be made by submitting the following to the city planning department: (1) Letter requesting to be heard by the board described in paragraph (a) above for a variance and a statement of the nature of variance being requested. (2) An application fee prescribed in the City of Euless Sched- ule of Fees shall be paid prior to any public notification or being placed on the board's agenda. Supp.No.23 305 §4-136 EULESS CODE §4.138 (c) Appeals. The board described in paragraph (a) above shall have the authority to hear and decide appeals where it is alleged there is error on any order, requirement, decision or determina- tion made by the building inspector in the enforcement of this article. Such appeals shall be made in the manner described above in subsection (bX1). No application fee is required. (Ord. No. 804, § 5, 9-11-84) Sec. 4-137. Penalty for violation. Any person, firm or corporation violating the terms and provi- sions of this article, or the amendments to the City of Euless Charter hereby made, shall be deemed guilty of a misdemeanor and,upon conviction thereof, shall be liable to a fine in an amount not to exceed one thousand dollars($1,000.00), and each day such violation shall be permitted to exist shall constitute a separate offense. (Ord. No. 804, § 6, 9-11-84) Sec. 4-138. Exhibit A. The following illustrations have their applicability in the pro- visions of this article. This Area Must 'r§I:f t j� * ,� Be Kept Clear �� VR �•��Y+� And Shall Not Be Allowed to -Y Obstruct the View 3'--c of Motorist Figure(1): Obstructions Prohibited Supp.No.23 306 4 4-138 BUILDINGS AND STRUCTURES §4-138 1 - i a 0 i i 14.°N Ot '8i ,.�1 Isft, :i -60.t. ,t.._ 1 I .i% 0 i i " i i M1-11 CO \ : ;-.:- .. • . 7 _ Nto7sf-- ,-;11jr'r---2t7.„ I \PS‘r\-- E=', �� * Y�� .\\. i Yid ,i . It d \\' \'\\‘' : , 1 : i ...I W --(Y'C'--6..zz-Nk. I.3 I `� ci � o \i N. P I z o Supp.No.23 308.3 §4-139 EULESS CODE §4-170 Secs. 4-139-4-149. Reserved. ARTICLE VII. SATELLITE TELEVISION RECEPTION DISHES* Sec. 4-150. Permit—Required;fees. (a) No person shall erect or install any satellite television re- ception dish until such person shall have obtained a permit therefor from the Euless Building Inspector. (b) No permit shall be issued unless the applicant has first paid therefor to the Euless Building Inspector the applicable fee, as set forth in Chapter 1% of this Code. (Ord. No. 827, § 6, 2-26-85; Ord. No. 1005, § 11, 6-27-89) Secs. 4-151-4-169. Reserved. ARTICLE VIII. FLOOD DAMAGE PREVENTIONt DIVISION 1. GENERAL PROVISIONS Sec. 4-170. Statement of purpose. It is the purpose of this article to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions de- signed to: (1) Protect human life and health; (2) Minimize expenditure of public money for costly flood-control projects; *Editor's note—Section 6 of Ord.No.827,adopted Feb.26,1985,amended the Code by adding provisions designated as a new Art. VII, § 4-140. In order to facilitate the inclusion of future additions to Art. VI of Ch. 4, the editor has redesignated these new provisions as Art.VII, §4-150. tEditor's note—Ordinance No. 927, adopted March 24, 1987, repealed Ord. No. 831, enacted March 12, 1985, from which Art. VIII, Flood Damage Preven- tion,of Ch. 4, was derived. Said Ord.No.927 also enacted provisions relative to the subject matter and which have been designated as a new Art.VIII of Ch.4. Cross references—Civil preparedness, Ch. 4%; health and sanitation,Ch. 8; subdivision regulations,App.B. Supp.No.23 308.4 § 41/2-29 CABLE TELEVISION § 41/2-29 franchisee. Likewise, the failure of the franchisee to provide and maintain the performance bond and security fund provided for by section 41/2-28 and section 41/2-27 hereof shall be deemed a material breach of the obligations of the franchisee. The right of the city manager to require increases in the security fund and/or additional guarantees with respect to the obligations of the franchisee shall be a continuing one and may be exercised, from time to time, and throughout the term of the franchise agreement. (b) The franchisee shall purchase, and by its acceptance of any franchise granted hereunder, agrees that it will purchase an owner's protective liability policy in the name of the City of Euless. The franchisee shall procure, furnish and file with the city a policy of insurance approved by the city attorney covering liability and property damage with the minimum amounts of liability thereunder as established in the franchise agreement. The city shall require that any and all investigation of claims made by any persons, firm or corporation, against the city arising out of any use or misuse of privileges granted to the franchisee hereunder shall be made by or at the expense of such insurer. (c) The insurance policies mentioned above shall contain an endorsement stating that the policies are extended to cover the liability assumed by the franchisee under the terms of this chapter and the franchise agreement shall contain the following endorsement: "It is hereby understood and agreed that this policy cannot be cancelled or the amount of coverage thereof reduced without the prior written consent and approval of the City Manager of the City of Euless, Texas." (d) All policies of insurance or certified copies thereof and written evidence of payment of required premiums, shall be filed and maintained with the city secretary during the term of any franchise granted, or any renewal thereof. (e) Neither the provisions of this chapter nor any insurance accepted by the city pursuant hereto, nor any damages recovered by the city thereunder, shall be construed to excuse faithful performance by the franchisee 325 Supp.No.23 § 41-29 EULESS CODE § 4 1/2-31 or limit liability of the franchisee under this chapter and any franchise agreement issued pursuant hereto. (Ord. No. 576, 7-10-79) Sec. 41/2-30. Franchise fees. The franchisee shall pay, as compensation to the city, an an- nual fee as set forth in Chapter 1Y2 of this Code. Payments due the city shall be computed quarterly, for the preceding quarter, as of March 31, June 30, September 30 and December 31. Each quarterly payment shall be due and payable no later than thirty (30) days after the relevant computation date. Each payment shall be accompanied by a report showing the basis for the com- putation, together with such other relevant facts as may be re- quired by the city. No acceptance of any payment shall be con- strued as an accord that the amount paid is, in fact, the correct amount, nor shall such acceptance of payment be construed as a release of any claim the city may have for further or additional sums payable under the provisions of this chapter and the fran- chise agreement of the franchisee. Acceptance of any payment -� shall likewise not be construed as a release or waiver of any other right of the city or obligation of the franchisee. All amounts paid shall be subject to audit and recomputation by the city. In the event that any recomputation or audit results in additional reve- nue due the city, such amount shall be subject to a ten (10) per cent interest charge from the due date of such payment, together with all costs reasonably incurred by the city with respect to such audit and recomputation. Nothing in this chapter shall limit a franchisee's liability to pay other local taxes.(Ord.No.576,7-10-79; Ord. No. 1005, § 12, 6-27-89) Sec. 41/2-31. Records and reports to be submitted to city. No later than March 31 of each year, a franchisee shall submit a written report to the city, in a form directed by the city council, which shall include without limitation thereto: (a) A summary of the previous year's activities and development of the system, including, but not limited Supp.No.23 326 §6-1 FIRE PROTECTION AND PREVENTION §6-1 City of Euless; it being the intention of this body to en- tirely prohibit the storage of explosives and blasting agents within the corporate limits of the City of Euless. (e) Amendments to the Uniform Fire Code. The Uniform Fire Code, as herein adopted, is amended in the following respects to be read as hereinafter indicated: (1) Section 2.105. Section 2.105 of the Uniform Fire Code is hereby amended to read as follows: The chief and members of the fire prevention bureau shall have the powers of police officers in performing their duties under this code. They shall have the power to issue citations for offenses tending to cause fires or to make firefighting more difficult, including,but not limited to, the following offenses: (1) Failure to maintain proper marking of designated fire lanes. (2) Parking of motor vehicles or otherwise obstructing any properly marked fire lanes. (3) Parking within a prohibited distance from a fire hydrant or fire department connection. (4) Any offense defined in this chapter or under this Uniform Fire Code. (2) Section 2.303. Section 2.303 of the Uniform Fire Code is hereby amended by adding paragraph(c)to read as follows: (c) The 1986 edition of the National Fire Protection Associa- tion Recognized Standards. (3) Article 4, Section 4.101. Amend Article 4, Section 4.101, number 27, "Liquefied Petroleum Gases," to read as follows: Except for portable containers of less than twenty-five (25) gallon water capacity to install or maintain any LP gas tank vehicle which is used for the transportation of LP gas. Where a single container or the aggregate capacity of interconnected containers is over one hundred(100)gallon water capacity, the installer shall submit plans for such permit. See Article 82. Supp.No.23 437 §6-1 EULESS CODE §6-1 (4) Article 4, Section 4.108. Amend Article 4 by adding new Section 4.108 to read as follows: Permit Fees (A) No permit shall be issued unless the applicant has first paid to the bureau of fire prevention the fee required therefor as set forth in Chapter 11 of this Code. Supp.No.23 438 [The next page is 441] §6-1 FIRE PROTECTION AND PREVENTION §6-1 (c) Occupancies having a required fire alarm system shall have and maintain a maintenance contract with a licensed fire alarm company to provide for the repairs and adjustments of the fire alarm system as required. Such maintenance contract shall provide for twenty-four-hour emergency service with no less than a two-hour response time, and shall provide that the name of the alarm company, duration of the contract and emer- gency numbers shall be made available to the fire marshal's office within thirty (30)days after the contract's effective date. (d) When systems are to be out of service for a period greater than four (4) clock hours, and when, in the opinion of the authority having jurisdiction, a watch is essential for the safety of the building's occupants, standby personnel shall be required as provided in Section 25.117 of this code. (20) Section.87.103(q). Section 87.103 of the Uniform Fire Code is hereby amended by the addition of a new paragraph (q) to be and read as follows: (q) Combustible material storage. The storage of combustible materials used for construction shall be located at a distance no greater than one hundred(100)feet from a dedicated public street or emergency access easement as outlined in Section 10.207 of this code. (21) Chapter 29. The following sections of Part VI, entitled "Detailed Regulations," of Chapter 29, entitled "Excavations, Foundations, and Retaining Walls," are herewith amended to read as follows: SEC. 2901. This chapter sets forth requirements for excava- tion, trenching, and fills for any building or structure and for foundations and retaining structures. Reference is made to Appendix Chapter 70 for requirements governing excavations, trenching, grading and earth work con- struction, including fills and embankments. SEC. 2902. The quality and design of materials used struc- turally in excavations, trenches, footings, and foundations shall conform to the requirements specified in Chapters 23, 24, 25, 26 and 27 of this code. On all projects in which trench excava- tion will exceed a depth of five (5)feet, the bid documents and Supp.No.23 451 6-1 EULESS CODE §6-4 the contract must include detailed plans and specifications for trench safety systems that meet Occupational Safety and Health Administration standards and such plans and specifications shall include a pay item for such trench safety systems. This provision shall not apply to any construction project under a contract entered into by a person subject to the safety stand- ards adopted under Article 6053-1, Revised Statutes of the State of Texas, and the administrative penalty provisions of Article 6053-2, Revised Statutes of the State of Texas. (Ord. No. 545, § 1, 5-23-78; Ord. No. 888, § 1, 8-26-86; Ord. No. 920, § 1, 2-10-87; Ord. No. 965, § 1, 4-26-88; Ord. No. 1005, § 13, 6-27-89) Sec. 6-2. Same—Enforcement, modifications. The enforcement of the fire prevention code shall be by the city manager, or such other official as may be designated by him. Such official shall have power to modify any of the provi- sions of the fire prevention code upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code, provided the spirit of the code shall be observed, public safety secured and substantial justice done. (Ord. No. 406, § 3, 8-10-71) Sec. 6-3. Same—Appeals from decisions. Whenever it is claimed that the provisions of the fire pre- vention code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, an appeal from the decision of the designated official may be made to the city council within thirty (30) days from the date of the decision appealed. (Ord.No. 406, § 4, 8-10-71) Sec. 6-4. Same—Penalty. Any person violating the terms and provisions of the fire prevention code shall be deemed guilty of a misdemeanor, and shall be punished as provided in Section 1-6 of this Code of Ordinances, and each day that such violation continues shall be a separate offense; this penalty shall be cumulative of all other remedies. (Ord. No. 406, § 5, 8-10-71) Supp.No.23 452 § 7-13 GARBAGE, TRASH, ETC. § 7-16 the residential districts, kitchen garbage shall be prepared for collection to be made not less than one time each week, or as often as may be necessary to comply with sanitary regulations of the city; trash and rubbish shall be prepared for at least one collection per week, the time of such collections to be an- nounced by the official designated by the city in charge of garbage disposal. (Ord. No. 43, § XIV, 2-24-56) Sec. 7-14. Collection charges as set. There shall be charged, assessed and collected from each per- son within the city such service charges as set forth in Chapter 11/2 of this Code for garbage, refuse, trash and rubbish collection and disposal. (Ord. No. 43, § XV, 2-24-56; Ord. No. 1005, § 14, 6-27-89) Sec. 7-15. Permit to collect refuse—Required. No person shall collect kitchen garbage and refuse, trash, rubbish or any kind of junk within the city without first having obtained from the city council, under the provisions of this chapter a written permit for such purpose. (Ord. No. 43, § XI,2-24-56) Sec. 7-16. Same—Application. Application for a permit to collect garbage, refuse, trash or rubbish, or any kind of junk within the city, shall be made in writing to the city council and shall set forth the name and address of the applicant, the trade name under which he does or proposes to do business, the number, kind and size of ve- hicles the applicant proposes to operate, the nature and char- acter of service that the applicant purposes to render, rates to be charged for such service, facts showing the demand for such service, location of dumping grounds, and applicant's financial ability to respond in damages in the event of injury to persons or damage to property, by reason of negligence of employees, or negligent operation of motor vehicles. (Ord. No. 43, § XII(A), 2-24-56) Supp.No.23 529 § 7-17 EULESS CODE § 7-24 Sec. 7-17. Same—Bond,insurance. All applicants receiving a permit or contract to collect gar- bage, trash, rubbish or any kind of junk within the city shall be required to furnish a good and sufficient contract bond in such amount as may be required by the city council to indem- nify the city for all damages sustained by the city, growing out of, or by reason of a breach of any agreement or the provisions of any contract or permit issued and shall further furnish such city certificates of insurance in such amount as may be required by the city council designating therein the city as coinsured, indemnifying the city for all damages that may be sustained by reason of injury to persons or damage to property•due to negligence of contractor or permittee or his employees or negligent operation of motor vehicles operated by said contractor or permittee and his employees. (Ord. No. 43, § XII(B), 2-24-56) Sec. 7-18. Violations. .-•� (a) Any person violating any of the provisions of this chap- ter shall be deemed guilty of a misdemeanor, and upon convic- tion thereof, shall be punished as provided in section 1-6, and each day that such violation continues shall constitute a sepa- rate and distinct offense. (b) In case of any wilful violation of any of the terms and provisions of this chapter, the city, in addition to imposing the penalties above provided, may institute any appropriate action or proceedings in any court having proper jurisdiction, to restrain, correct or abate such violation; and the definition of any violation of the terms of this chapter as a misde- meanor shall not preclude the city from invoking the civil remedies given it by the laws of the state, but same shall be cumulative and subject to prosecution as hereinabove prescribed for such violation. (Ord. No. 43, § XVII, 2-24-56; Ord. No. 93, § 5, 3-11-58; Ord. No. 223, § 7, 5-12-64; Ord. No. 302, § XII, 5-23-67) Secs. 7-19-7-24. Reserved. Supp.No.23 530 §7-25 GARBAGE,TRASH,ETC. §7-27 ARTICLE II. GRASS AND WEEDS* Sec. 7-25. `Person" defined. The term"person," as used herein,shall be held to include any individual person, firm, partnership, association or corporation. (Ord. No. 465, § 1, 2-12-74; Ord. No. 934, § 1, 8-11-87) Sec. 7-26. Nuisance declared. All weeds, brush, grass and other vegetation prescribed or prohibited by this article is deemed a fire hazard, a traffic haz- ard,and a menace to the health,safety and welfare of the citizens of Euless,Texas, and,therefore, a public nuisance.(Ord. No. 465, § 2, 2-12-74) Sec. 7-27. Maximum height. (a) It shall be unlawful for any person owning, claiming, occu- pying or having supervision or control of any real property within the corporate limits of Euless to suffer or permit grass, weeds or other plants, except as herein provided,to grow to a height greater than twelve (12) inches upon any real property within fifty (50) feet of any property line,residence,barn,building or other struc- ture within the city limits, including or that area between the property line and the curb or, if there is no curb, then from the property line to the traveled portion of the street or to a height greater than twenty-four(24)inches upon any other real property in the city, except for: (1) Pasture land used for grazing of livestock; and (2) The growing of agricultural crops under cultivation, inclu- sive of trees, shrubs, flowers or other decorative or orna- mental plants. (b) It shall be the duty of such person to keep such property free and clear of all such weeds, brush, grass and other unsafe vegetation which exceeds the height prescribed above shall be *Editor's note—Ordinance No.465, §§ 1-5,7,adopted Feb. 12, 1974,did not specifically amend the Code. At the discretion of the editor, said ordinance has been codified as superseding former §§ 7-25-7-28, which pertained to the same subject matter.Said sections had been derived from Ord.No.93, §§ 1-3,3-11-58; Ord.No.223, §§2-4,5-12-64;and,Ord.No.302,§XI,adopted May 23, 1967. Supp.No.23 531 §7-27 EULESS CODE §7-29 referred to above. All such weeds, brush, grass and other unsafe vegetation presumed to be a public nuisance. (Ord. No. 465, § 3, 2-12-74; Ord. No. 934, § 1, 8-11-87) Sec. 7-28. Failure to comply; notification; abatement of nui- sance by city. (a) In the event that any person owning,claiming occupying or having supervision or control of any real property fails to comply with the provisions of this article, the city shall notify such person of his failure to comply.If the person's address is unlisted, then reasonable effort shall be taken to inform the violating persons of their responsibilities under this article by utilizing current city water billing records, recent zoning and platting application records or real estate signs that may be present on the properties. Such notice shall be sent to the person at his post office address by certified mail, return receipt requested. If the person's address is unknown or if notification may not be ob- tained by letter, then notice shall be given by publication in any two (2) issues within ten (10) consecutive days in any daily, weekly or semiweekly newspaper in the city. (b) If such person fails or refuses to comply with the provisions of this article within ten (10) days after date of notification by letter or date of second publication of notice in the newspaper, the city may go upon such property and do or cause to be done the work necessary to obtain compliance with this article. Such work may consist of of preparing said property so that it can reason- ably be mowed, the mowing of the property, and the removal of cuttings and other debris attributed to the mowing and prepara- tion of the property. After initialing such work, the city may charge against the person having control of the land an adminis- trative fee. (Ord. No. 465, § 4, 2-12-74; Ord. No. 934, § 1,8-11-87) Sec. 7-29. Collection of abatement cost; administrative fee. The expense incurred pursuant to this article in correcting the condition of such property, and the cost of publication of notice in the newspaper,shall be paid by the city and charged to the owner of such property,who shall in addition pay an administrative fee, as set forth in Chapter 11/2 of this Code. In the event the owner fails or refuses to pay such expense within thirty (30) days after Supp.No.23 532 §7-29 GARBAGE,TRASH,ETC. §7-39 the first day of the month following the month in which the work was done, the city shall file with the county clerk of Tarrant County a statement, signed by the mayor, of the amount so expended. Such amount shall bear interest at the rate of ten(10) per cent from the date the city incurs the expense and shall become a privileged lien against the real property,second only to the tax liens and liens for street improvements. For any such expenditures and interest, suit may be instituted, and recovery and foreclosure had by the city. The statement of expense filed with the county clerk or a certified copy thereof shall be prima facie proof of the amount expended in such work, improvements or correction of the property, all more particularly specified in Article 4436, Vernon's Annotated Texas Civil Statutes, which is hereby adopted by reference.(Ord. No. 465, § 5,2-12-74; Ord. No. 934, § 1, 8-11-87; Ord. No. 1005, § 15, 6-27-89) Sec. 7-30. Penalty. Any person,firm or corporation violating any of the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount of not less than twenty-five dollars ($25.00) nor more than one thousand dollars ($1,000.00) for each offense. Each day that such violation shall continue shall be deemed a separate and distinct offense and shall be punishable as such. (Ord. No. 465, § 7, 2-12-74; Ord. No. 857, § 2, 8-27-85) Sec. 7-31. Compliance required. Before any application for change of zoning, platting or replat- ting is accepted, all liens and charges arising under the terms of this article shall be satisfied. In addition, property will be in- spected to ascertain that Section 7-27 hereof is not violated at the time of application. (Ord. No. 934, § 1, 8-11-87) Secs. 7-32-7-39. Reserved. Supp.No.23 533 §7-40 EULESS CODE §7-41 ARTICLE III. LITTERING* Sec. 7-40. Definitions. As used in this article, the following terms shall have the respective meanings ascribed to them: Garbage: All decayable wastes, including vegetable, animal and fish offal and carcasses of such animals and fish, except sewage and body wastes, but excluding industrial byproducts, and shall include all such substances from all public and pri- vate establishments and from all residences. Junk: All worn out, worthless and discarded material, in general, including, but not limited to, odds and ends, old iron or other metal, glass, paper, cordage or other waste or dis- carded materials. Litter: Refuse, garbage, rubbish and junk, singly or any combination thereof. Refuse: Garbage, rubbish and all other decayable and non- decayable waste, including vegetable, animal and fish carcasses, except sewage from all public and private establishments and residences. Rubbish: All nondecayable wastes, except ashes, from all public and private establishments and from all residences. (Ord. No. 302, § II, 5-23-67) Sec. 7-41. Prohibited. No person shall deposit, discard or throw refuse, garbage, rubbish, junk or other litter in or upon any public street, road or other public place or upon private property within the city, except in public receptacles or in authorized private recepta- cles for collection or in an official city sanitary landfill. (Ord. No. 302, § II, 5-23-67) Cross reference—Placing in streets, §§ 7-11, 13-1. *Cross reference—Removing trash accumulations on order of fire marshal, § 6-48. Supp.No.23 534 § 7-65 GARBAGE, TRASH, ETC. §7-72 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) Fees, as set forth in Chapter 11 of this Code, shall be charged for the following services and paid into the city treasury: (1) For taking and impounding any personal property. (2) For preparing advertisements of sale of each article. (3) For selling each article. (4) For posting notices of sale relating to any one(1) article. (Ord. No. 1005, § 16, 6-27-89) Secs. 7-68-7-72. Reserved. Supp.No.23 539 §7-73 EULESS CODE § 7-76 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 Ord. No. 452, §§ 1-12, adopted August 14, 1973. tNote—See the editor's footnote to Div. 2. Supp.No.23 540 § 8-62 HEALTH AND SANITATION § 8-66 a carrier of, any such disease, the health officer or his desig- nated assistant shall issue the person examined a health card which shall be valid for one year from the date of such examination, unless sooner revoked. (Ord. No. 455, Art. IV, 9-11-73) Sec. 8-63. Revocation of health card. The health officer or his designated assistant shall have the right to revoke a valid health card at any time the holder of such card becomes affected with any disease in a com- municable form, becomes a carrier of such a disease, or is suspected of being affected with or being a carrier of any such disease; and such revocation shall remain in effect until a licensed physician certifies freedom of communicable disease in the manner set forth in Section 8-62. (Ord. No. 455, Art. V, 9-11-73) Sec. 8-64. Display of health cards and permits. Every restaurant and itinerant restaurant shall display at all times the health cards of its employees and its permit, as provided for herein, upon an inside wall of such restaurant visible to the patrons and general public of such restaurant. (Ord. No. 455, Art. VI, 9-11-73) Sec. 8-65. Permit required. No person shall operate a restaurant or itinerant restaurant in the city who does not possess an unrevoked permit there- for from the city, issued by the city health officer or his designated assistant. (Ord. No. 455, Art. VII, 9-11-73) Sec. 8-66. Authority to issue. The health officer or his designated assistant is hereby authorized to issue permits to any person making application therefor, authorizing the operation of a restaurant or itinerant restaurant in the city; provided, that only a person who com- plies with the requirements of this article shall be entitled to receive and retain such permit. (Ord. No. 455, Art. VIII, 9-11-73) Supp.No.23 607 $ 8-67 EULESS CODE § 8-71 Sec. 8-67. Permit application. Application for such permit required in Section 8-65 shall. be made in writing to the city health officer or his designated assistant upon forms prescribed and furnished by the city health department. A new application shall be made for a permit as required by this division at any time there is a change in ownership of a restaurant or itinerant restaurant. (Ord. No. 455, Art. IX, 9-11-73) Sec. 8-68. Permit duration. Any permit granted under the provisions of this article shall remain in full force and effect for a period from date of issuance to May 1 of the next following year, unless sooner revoked for cause. (Ord. No. 455, Art. X, 9-11-73) Sec. 8-69. Permit renewal. A renewal permit shall be secured annually in the same manner as the original permit is secured. (Ord. No. 455, Art. XI, 9-11-73) Sec. 8-70. Permit nontransferable. Every permit issued under the provisions of this article shall be nontransferable, shall permit the operation of a restaurant or itinerant restaurant only at the location for which granted, and shall be posted in a conspicuous place in the restaurant or itinerant restaurant at all times. (Ord. No. 455, Art. XII, 9-11-73) Sec. 8-71. Fees. Every restaurant and itinerant restaurant shall pay an annual permit fee, as set forth in Chapter 11/2 of this Code.The number of employees shall be determined on the effective date of the per- mit. (Ord. No. 455, Art. XII, 9-11-73; Ord. No. 808, § 1, 9-11-84; Ord. No. 1005, § 17, 6-27-89) • Supp.No.23 608 §8-86 HEALTH AND SANITATION §8-86 (b) Issuance of permit, license or certificate: (1) Any person desiring to operate a food service establish- ment shall make written application for a permit, license or certificate on forms provided by the regulatory authori- ty. Such application shall include the name and address of each applicant, the location and type of the,proposed food service establishment,and the signature of each applicant. (2) Prior to approval of an application for a permit, license or certificate, the regulatory authority shall inspect the pro- posed food service establishment to determine compliance with the requirements of these rules. (3) The regulatory authority shall issue a permit, license or certificate to the applicant if its inspection reveals that the proposed food service establishment complies with the re- quirements of these rules. (4) Any permit granted under the provisions of this article shall remain in full force and effect for a period of one year from date of issuance, unless sooner revoked for noncom- pliance with city ordinances. (5) Every food service establishment shall pay an annual permit fee, as set forth in Chapter 1Y2 of this Code. The number of employees shall be determined on the issuance date of the permit. (c) Suspension of permit, license or certificate. The regulatory authority may, without warning, notice, or hearing suspend any permit, license or certificate to operate a food service establish- ment if the holder of the permit,license or certificate has failed to comply with the requirements of these rules,or if the operation of the establishment does not comply with the requirements of these rules, and such noncompliance constitutes a hazard to public health. The regulatory authority may further, without warning, notice, or hearing, suspend any permit, license or certificate to operate a food service establishment if the holder of the permit, license or certificate is in noncompliance therewith and fails to comply with the requirements of these rules after notice of such noncompliance and the failure to furnish adequate proof of such compliance within a specified period of time stated in notice to Supp.No.23 611 §8-86 EULESS CODE §8-86 such permit,license or certificate holder served by the regulatory authority and setting forth the reasons for noncompliance with these rules, or, in the case of violations noted at time of inspec- tion and contained in an inspection report,within the time period provided in subsection (dX1) hereof. Suspension is effective upon service of the notice required by the following paragraph of this subsection. When a permit, license or certificate is suspended, food service operations shall immediately cease. Whenever a per- mit, license or certificate is suspended, the holder of the permit, license,or certificate shall be afforded an opportunity for hearing within ten(10)days of receipt of a request for a hearing. Whenever a permit, license or certificate is suspended, the holder of the permit, license, or certificate, or the person in charge shall be notified in writing that the permit, license or certificate is,upon service of the notice,immediately suspended and that an opportunity for hearing will be provided if a written request for a hearing is filed with the regulatory authority by the holder of the permit, license or certificate within ten (10) days. If no writ- ten request for hearing is filed within ten (10) days, the suspen- sion is sustained. The regulatory authority may end the suspen- sion at any time if reasons for suspension no longer exist. (d) Revocation of permit, license or certificate. The regulatory authority may, after providing opportunity for a hearing, revoke a permit, license or certificate for serious or repeated violations of any of the requirements of these rules or for interference with the regulatory authority in the performance of its duties. Prior to revocation,the regulatory authority shall notify the holder of the permit, license or certificate, or the person in charge, in writing of the reason for which the permit,license or certificate is subject to revocation and that the permit, license or certificate shall be revoked at the end of the ten (10) days following service of such notice unless a written request for a hearing is filed with the regulatory authority by the holder of the permit,license or certif- icate within such ten-day period. If no request for hearing is filed within the ten-day period,the revocation of the permit,license or certificate becomes final. (e) Service of notices. A notice provided for in these rules is properly served when it is delivered to the holder of the permit, license or certificate, or the person in charge, or when it is sent Supp.No.23 612 §8-86 HEALTH AND SANITATION §8-87 by registered or certified mail, return receipt requested, to the last known address of the holder of the permit, license or certifi- cate. A copy of the notice shall be filed in the records of the regulatory authority. (f) Hearings. The hearings provided for in these rules shall be conducted by the regulatory authority at a time and place desig- nated by it. Based upon the recorded evidence of such hearing, the regulatory authority shall make a final finding, and shall sustain, modify or rescind any notice or order considered in the hearing. A written report of the hearing decision shall be fur- nished to the holder of the permit, license or certificate by the regulatory authority. (g) Application after revocation. Whenever a revocation of a permit, license or certificate has become final, the holder of the revoked permit, license or certificate may make written applica- tion for a new permit, license or certificate. (Ord. No. 718, § 2, 10-12-82; Ord. No. 1005, § 18, 6-27-89) Sec. 8-87. Inspections. (a) Inspection frequency. An inspection of a food service estab- _' lishment shall be performed at least once every six (6) months. Additional inspections of the food service establishment shall be performed as often as are necessary for the enforcement of these rules. (b) Access. Agents of the regulatory authority, after proper identification, shall be permitted to enter any food service estab- lishment at any reasonable time, for the purpose of making in- spections to determine compliance with these rules. The agents shall be permitted to examine the records of the establishments to obtain information pertaining to food and supplies purchased, received or used, or to persons employed. (c) Report of inspections. Whenever an inspection of a food service establishment or commissary is made, the findings shall be recorded on the inspection report form set out in paragraph(e) of this section. The inspection report form shall summarize the requirements of these rules and shall set forth a weighted point value for each requirement. Inspection remarks shall be written Supp.No.23 613 §8-87 EULESS CODE §8-87 to reference, by section number, the section violated and shall state the correction to be made. The rating score of the estab- lishment shall be the total of the weighted point values for all violations, subtracted from one hundred (100). A copy of the inspection report form shall be furnished to the person in charge of the establishment at the conclusion of the inspection. The completed inspection report form is a public document that shall be made available for public disclosure to any person who re- quests it according to law. (d) Correction of violations. The inspection report form shall specify a reasonable period of time for the correction of the viola- tions found, and correction of the violations shall be accomplished within the period specified, in accordance with the following provisions: (1) If an imminent health hazard exists,such as complete lack of refrigeration or sewage backup into the establishment,. the establishment shall immediately cease food service operations. Operations shall not be resumed until author- ized by the regulatory authority. (2) All violations of four-or five-point-weighted items shall be corrected as soon as possible, but in any event, within ten (10)days following inspection. Within fifteen(15)days after the inspection, the holder of the permit, license or certifi- cate shall submit a written report to the regulatory au- thority stating that the four- or five-point violations have been corrected. A follow-up inspection shall be conducted to confirm correction. (3) All one- or two-point-weighted items shall be corrected as soon as possible, but in any event, by the time of the next routine inspection. (4) When the rating score of the establishment is Iess than sixty (60), the establishment shall initiate corrective ac- tion on all identified violations within forty-eight(48)hours. One or more reinspections will be conducted at reasonable time intervals to assure correction. Supp.No.23 614 §8-90 HEALTH AND SANITATION §8-99 tablishment employee, it may secure morbidity history of the suspected employee or make any other investigation as may be indicated and shall take appropriate action. The regulatory au- thority may require any or all of the following measures: (1) The immediate exclusion of the employee from all food service establishments; (2) The immediate closing of the food service establishment concerned until,in the opinion of the regulatory authority, no further danger of disease outbreak exists; (3) Restriction of the employee's services to some area of the establishment where there would be no danger of trans- mitting disease; and, (4) Adequate medical and laboratory examination of the em- ployee, of other employees and of his and their body dis- charges. (Ord. No. 718, § 2, 10-12-82) Sec. 8-91. Remedies. (a) Penalties. Any person, firm or corporation who violates a provision of these rules and any person who is the permit holder of or otherwise operates a food service establishment that does not comply with the requirements of these rules and any respon- sible officer of that permit holder or those persons shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount of not less than twenty-five dollars ($25.00) nor more than one thousand dollars ($1,000.00) for each offense. Each day that such violation shall continue shall be deemed a separate and distinct offense and shall be punishable as such. (b) Injunctions. The regulatory authority may seek to enjoin violations of these rules. (Ord. No. 718, § 2, 10-12-82; Ord. No. 792, § 10, 5-22-84) Cross reference—General penalty, § 1-6. Secs. 8-92-8-99. Reserved. Supp.No.23 617 §8-100 EULESS CODE §8-102 ARTICLE VI. RETAIL FOOD STORES* Sec. 8-100. Sanitation code adopted by reference. The definitions; the inspection of retail food stores; the issu- ance,suspension and revocation of a permit to operate a retail food store;the prohibiting of the sale of unsound food or drink;and the enforcement of this code shall be regulated in accordance with the 1982 edition of the Association of Food and Drug Officials' and the Food and Drug Administration's Retail Food Store Sani- tation Code, three (3) certified copies of which shall be on file in the office of the city secretary; provided, that the words "regula- tory authority as used and contained in said Code" shall be understood to refer to the City of Euless, Texas. (Ord. No. 809, § 1, 9-11-84) Sec. 8-101. Permit fee. Every retail food store shall pay an annual permit fee, as set forth in Chapter 11/2 of this Code. The number of employees shall be determined on the issuance date of the permit.(Ord.No. 809, § 4, 9-11-84; Ord. No. 1005, § 19, 6-27-89) Sec. 8-102. Penalty for violation. Any person, firm or corporation who violates a provision of these rules and any person who is the permit holder of or other- wise operates a retail food store that does not comply with the requirements of these rules and any responsible officer of that permit holder or those persons shall be deemed guilty of a mis- demeanor and upon conviction thereof shall be fined in an amount of not less than twenty-five dollars ($25.00) nor more than one thousand dollars($1,000.00)for each offense and shall be punish- able as such. (Ord. No. 809, § 2, 9-11-84) *Editor's note—Article VI,§§8-100-8-102,is derived from Ord.No.809,§§ 1, 2 and 4,presented and passed Sept. 11,1984.Since this ordinance did not provide for the specific manner of inclusions of its provisions into the Code, it has been codified as Art.VI, §§8-100-8-102,at the discretion of the editor. Supp.No.23 618 § 10-5 OCCUPATIONAL LICENSES, ETC. § 10-8 newspapers, food or grocery products, drug and pharmaceuti- cal sales, hotels, boardinghouses, restaurants, bathhouses, nor to sales of gasoline or other motor fuel, nor to vehicle lubri- cants or other normal service station sale items, nor to neces- sary work on farms, dairies or ranches, nor to motion pictures or theaters, nor to the sale of services by doctors or den- tists for the preservation of human life and relief of human suffering. (Ord. No. 177, § 3, 11-27-62) Sec. 10-6. Same—Emergencies. When a purchaser will certify in writing that a purchase of an item of personal property is needed in an emergency for the welfare, health or safety of human or animal life and such purchase is an emergency purchase to protect the health, welfare or safety of human or animal life, then sections 10-3 and 10-4 shall no.t apply; provided such certificate signed by the purchaser is retained by the merchant for inspection for a period of one year. (Ord.No. 177, § 4, 11-27-62) Sec. 10-7. Coin-operated machine license—Required,fees. Every owner, operator, keeper and exhibitor of coin-operated machines, including, but not limited to, cigarette vending ma- chines, food vending machines and all other machines operated by coin, shall purchase a coin-operated machine license from the city for a fee as set forth in Chapter 1Y2 of this Code. (Ord. No. 152, § 1, 7-25-61; Ord. No. 1005, § 20, 6-27-89) State law reference—Authority to levy,V.A.T.S.Tax-Gen.art. 13.14. Sec. 10-8. Same—Collection; receipt. The city secretary shall collect the license fee required by section 10-7 and shall issue on the payment thereof a proper receipt therefor to the owner of each such machine. It shall be unlawful to keep, operate or exhibit within the city any coin-operated vending machine without the owner or operator having in his possession a current receipt for payment of the license fee required herein. (Ord. No. 152, §§ II, III, 7-25-61) Supp.No.23 757 § 10-9 EULESS CODE § 10-23 ^\ Secs. 10-9-10-19. Reserved. ARTICLE II.BILLIARDS OR POOL DIVISION 1. GENERALLY Sec. 10-20. Definitions. For the purpose of this article, the following terms shall have the respective meanings ascribed to them: Billiard or pool hall: Any room, hall, building or part thereof, or enclosure of any kind similar to those named, or any enclosed open space in which is located any pool table or billiard table for the use of which a fee or charge is made, either directly or indirectly, and which place is operated for profit or gain of any kind. Billiard or pool table: Any table, whether coin-operated or not, surrounded by a ledge or cushion with or without pockets, upon which balls are impelled by a stick or cue. (Ord. No. 365, Art. I, 11-25-69) Sec. 10-21. Proximity to church,school or hospital. It shall be unlawful to operate a pool hall in the city within two hundred (200) feet of any church, school or hospital. The two hundred (200) foot measurement shall be made from the closest point of the school, hospital or church building to the closest point of the building containing such pool hall. (Ord. No. 365, Art. III, § 1, 11-25-69) Sec. 10-22. Hours of operation. The lawful hours of operation of a pool hall shall be from 7:00 a.m. to 12:00 midnight of any day other than Sunday. The lawful hours of operation of a pool hall on Sunday of any week shall be only between the hours of 1:00 p.m. and 6:00 p.m. (Ord. No. 365, Art. III, § 2, 11-25-69) Sec. 10-23. Use by minors. It shall be unlawful for the licensee, owner, operator or employee of any pool hall to admit to such pool hall persons Supp.No.23 758 § 10-32 OCCUPATIONAL LICENSES, ETC. § 10-35 Sec. 10-32. Moral character of licensee; misrepresentations. The information given in the application required by section 10-31 is for the purpose of allowing the city manager to determine whether the applicant for such license and his em- ployees are of good moral character. It shall be unlawful to make any false statement or to misrepresent any fact in said application, and any misrepresentation or misstatement of fact made by any applicant therefor shall, in addition to the penalties provided for in this article, be cause for revocation of the license. (Ord. No. 365,Art. II, § 3, 11-25-69) Sec. 10-33. Inspection and approval of premises by city man- ager. No license required by this division shall be granted unless it shall appear, upon investigation, by the city manager, of the premises to be used for the purpose of operating such pool hall, that such premises comply with the laws of the state and the ordinances of the city. (Ord. No. 365, Art. II, § 4, 11-25-69) Sec. 10-34. Fees. From every applicant for a license required by this division there shall be collected by the city manager, prior to issuance of the license, a license fee as set forth in Chapter 11/2 of this Code. (Ord. No. 365, Art. II, § 5, 11-25-69; Ord. No. 1005, § 21, 6-27-89) State law reference—Authority to levy license fee, V.A.T.S. Tax-Gen. art. 19.01(10Xc). Sec. 10-35. Term, proration of fee. All licenses issued under this division shall expire on De- cember thirty-first of each year and shall be renewable annu- ally by the making,of a new application as provided in this division. There shall be no proration or refund of any license fee due or paid for any cause whatsoever. (Ord. No. 365, Art. II, § 6, 11-25-69) Supp.No.23 761 § 10-36 EULESS CODE § 10-39 �• ••\ Sec. 10-36. Issuance. The city secretary shall, upon compliance with the applica- tion provisions of section 10-31, the determination of the ap- plicant's good moral character, the inspection and approval of the premises to be used as a pool hall, and the payment of the license fee, issue to such applicant a license setting forth on the face thereof the name of the applicant, the location of such pool hall, the term of such license, and the number of billiard tables authorized as determined by the license fee collected. (Ord. No. 365, Art. II, § 7, 11-25-69) Sec. 10-37. Display. It shall be unlawful for any person to operate a pool hall without then having on display in a conspicuous place in such pool hall the license required by this division. (Ord. No. 365, Art. II, § 8, 11-25-69) Sec. 10-38. Limitation of tables. It shall be unlawful for any licensee to have available for use in a pool hall a number of billiard tables greater than the number of billiard tables authorized in such licensee's license. (Ord. No. 365, Art. II, § 9, 11-25-69) Sec. 10-39. Appeal on refusal to issue. In the event the city manager shall refuse to grant a license to any applicant under the provisions of this division, such refusal shall be made known in writing by the city man- ager to the applicant by letter sent to the residence address of the applicant as shown in such applicant's application and such letter shall set forth the basis for such refusal. The applicant shall have the right of appeal to the city council by giving to the council, within ten (10) days of the date of refusal of the issuance of such license, written notice of inten- tion to appeal such refusal and by requesting a hearing by the council upon such application. In the event of such appeal, the council shall, within thirty (30) days next following such notice of appeal, grant a hearing thereon to determine the Supp.No.23 762 § 10-61 OCCUPATIONAL LICENSES, ETC. § 10-64 Sec. 10-61. Purpose. This article is and shall be deemed as an exercise of the police power of the state and of the city for the public safety, comfort, welfare, convenience and protection of the city and citizens of the city, and all of the provisions hereof shall be construed for the accomplishment of that purpose. (Ord. No. 105, § I, 9-23-58) Sec. 10-62. License—Required. It shall be unlawful for any person to go from house to house or from place to place in the city soliciting, selling or taking orders for or offering to sell or take orders for any goods, wares, merchandise, including ice cream vendors, snow cone vendors, candy and other confectionary vendors, serv- ices, photographs, newspapers, magazines or subscriptions to newspapers or magazines, without having first applied for and obtained a license to do so from the city secretary. It shall also be unlawful to sell or solicit in the city as aforesaid without carrying such license while engaged in such soliciting or selling. (Ord. No. 105, §§ X(a)(1), 9-23-58; Ord. No. 262, § 1, 8-24-65) Sec. 10-63. Same—Applications. Any person desiring a license under this article shall make written application to the city secretary for such license, which application shall show the name and address of the applicant, the name and address of the person, if any, that he represents and the kind of goods offered for sale, and whether such applicant upon any such sale or order shall demand, accept or receive payment or deposit of money in advance of final delivery, and the period of time such appli- cant wishes to sell or solicit in the city. (Ord. No. 105, § III, 9-23-58) Sec. 10-64. Same—Bond. The application for a license required by this article shall be accompanied by a bond in the sum of one thousand dollars Supp.No.23 767 § 10-64 EULESS CODE § 10-66 ($1,000.00) signed by the applicant, and signed as surety by a surety company authorized to do business in the state, conditioned for the final delivery of goods, wares, merchan- dise, services, photographs, magazines and newspapers in ac- cordance with the terms of any order obtained prior to deliv- ery and also conditioned to indemnify all purchasers or cus- tomers for all defects in material or workmanship that may exist in the article sold by the principal of said bond, at the time of delivery, and that may be discovered by such pur- chaser or customer within thirty (30) days after delivery, and which bond shall be for the use and benefit of all persons that may make any purchase or give any order to the princi- pal of said bond, or to an agent or employee of the principal. Provided, in case the applicant is engaging in any activity mentioned in this article through one or more agents or em- ployees, such persons shall be required to enter into only one bond, in the sum of one thousand dollars ($1,000.00) as above required, which bond shall be made to cover the activities of all its agents or employees. (Ord. No. 105, §IV,9-23-58) Sec. 10-65. Same—Health certificate for food peddlers. Except as otherwise provided in this article, it shall be the duty of the city secretary, before issuing a license to peddlers of merchandise of edible quality, to require the applicant for said license to first secure from the health officer a health certificate prescribing that the applicant has been duly exam- ined by the health officer and further that said applicant is free of all contagious and communicable diseases and that the issuance of a license required by this article will not in any- wise endanger the public health, general welfare and safety of the city and its inhabitants; the health officer may make a reasonable charge for the conducting of said physical exami- nation and issuing the medical certificate. (Ord. No. 105, § IX, 9-23-58) Sec. 10-66. Same—Fees;term. The license fee for an itinerant merchant or itinerant vendor shall be as set forth in Chapter 1Y2 of this Code;provided,howev- Supp.No.23 768 § 10-66 OCCUPATIONAL LICENSES, ETC. § 16-69 er, when any person engages in any activity mentioned in this article through one(1)or more agents or employees, such person shall, in addition to said fee, pay a license fee as set forth in Chapter 1% of this Code for each agent or employee so engaged, all of which licenses shall be valid for one (1)year from the date of their issuance. The fees shall be used for the purpose of defray- ing expenses incident to the issuing of said licenses. (Ord. No. 105, § VI, 9-23-58; Ord. No. 1005, § 23, 6-27-89) Sec. 10-67. Cleanliness and wholesomeness; misrepresenta- tions. Each licensee shall at all times keep the items for sale in a clean and sanitary condition, and shall also keep all vehicles, or other conveyance, in a clean and sanitary condition, and shall not sell, or offer for sale, any unsound or unwholesome items, nor give, or make, any false weights or measures of any of the various items as specified, and covered by this article. (Ord. No. 105, § X, 9-23-58) Sec. 10-68. Exemptions—Commercial travelers, judicial sales. The provisions of this article shall not apply to sales made to dealers by commercial travelers or sales agents in the usual course of business, nor to sales made under authority and by order of law. (Ord. No. 105, § VII, 9-23-58) Sec. 10-69. Same—Interstate commerce; registration. The provisions of this article shall not apply to persons engaged in interstate commerce; provided, however, it shall be unlawful for persons engaged in interstate commerce to go from house to house, or place to place, in the city without having first registered with the city secretary, giving the following information: (1) Name, home address and local address, if any, of regis- trant. Supp.No.23 769 § 10-69 EULESS CODE § 10-71 (2) Name and address of the person, if any, that he rep-. resents, or for whom or through whom orders are to be solicited or cleared. (3) Nature of the articles or things which are to be sold or for which orders are to be solicited. (4) Whether registrant, upon sale or order shall demand or receive or accept payment or deposit of money in advance of final delivery. (5) Period of time which registrant wishes to solicit or sell in said city. The registrant at the time of the registration, as provided for in this article, shall submit for inspection of the city secre- tary, written proof of his identity which may be in the form of an automobile operator's license, identification letter or card issued to registrant by the person for whom or through whom orders are to be solicited or cleared. (Ord. No. 105, § VIII, 9-23-58) Sec. 10-70. Invitation to enter residence premises. It shall be unlawful for any person selling or soliciting or- ders for goods, wares, merchandise, services, photographs, newspapers, magazines or subscriptions to newspapers or magazines, except as provided in this article, to go in or upon the premises of a private residence in the city, unless re- quested or invited to do so by the owner or occupant of said residence for the purpose of selling or disposing of or peddling the same. (Ord. No. 105, § XI, 9-23-58) State law reference—Refusal to leave premises,V.T.P.C.art. 479. Sec. 10-71. Hours of operation. No itinerant merchant, vendor, peddler or salesman shall go from house to house or from place to place in the city soliciting, selling or peddling between the hours of 7:30 p.m. and 8:30 a.m. (Ord. No. 105, § XI(a)(2), 9-23-58; Ord. No. 262, § 1, 8-24-65) Supp.No.23 770 §10-72 OCCUPATIONAL LICENSES,ETC. § 10-72 Sec. 10-72. Violations. (a) Any person violating any of the provisions of this arti- cle shall be deemed guilty of a misdemeanor, and upon convic- tion thereof, shall be punished as provided in section 1-6; each day such violation continues shall constitute a separate and distinct offense. Supp.No.23 770.1 § 10-119 OCCUPATIONAL LICENSES,ETC. §10-121 Sec. 10-119. Investigation of applicant. Within ten (10) days after registration as provided for herein, the chief of police shall cause an investigation to be made of the registrant and his employees. (Ord. No. 296, § IV, 1-24-67; Ord. No. 441, § V, 4-10-73) Note—Prior to Ord.No.441,this was§ 10-118. Sec. 10-120. Notice to state board of disqualification circumstances. The chief of police of the city shall notify the Texas Board of Private Investigators and Private Security Agencies if he determines that the registrant or any of the employees of the registrant: (1) Is a convicted felon; (2) Has been convicted of a misdemeanor involving moral turpitude; (3) Is of bad moral character; (4) Is not a citizen of the United States. Any person required to register under this article who shall hire an employee who will be engaged in private detective work or as a private patrol security officer after he has registered under this article shall within fourteen (14) days register the employee with the chief of police of the city, as provided herein. (Ord. No. 441, § VI, 4-10-73) Sec. 10-121. Conditions of issuance of license to private patrol security officer. The chief of police shall issue a license to a registrant as a private patrol security officer when he finds: (1) That the applicant is of good moral character, and in all other ways competent to engage in the activities covered by such license; (2) That the applicant has never been convicted of any felony or offense against the decency and morals of the community; Supp.No.23 7855 §10-121 EULESS CODE §10-124 (3) That the applicant is a natural born or fully naturalized citizen of the United States; (4) That the applicant does not believe in or advocate the overthrow of the government of the United States, or the State of Texas, by force or violence and that the applicant is not a member of any organization or party which be- lieves in or teaches directly or indirectly the overthrow of the government of the United States,or the State of Texas, by force or violence. (Ord. No. 296, § V, 1-24-67; Ord. No. 441, § VII, 4-10-73) Note—Prior to Ord.No.441,this was§ 10-119. Sec. 10-122. Action on application for private patrol secu- rity patrol officer license. The chief of police shall act upon the application for a private patrol security officer license within fifteen(15)days after filing thereof. If the chief of police disapproves the application,he shall mail to the applicant within fifteen(15)days after the date upon which the application was filed, a notice of his action stating the reasons for his denial of the permit. (Ord. No. 296, § VI, 1-24-67; Ord. No. 441, § VIII, 4-10-73) Note—Prior to Ord.No.441,this was§ 10-121. Sec. 10-123. Appeal from denial of private patrol security officer license. Any person aggrieved shall have the right to appeal the denial of a private patrol security officer license to the city council. The appeal shall be taken within ten (10) days after notice of such denial as hereinabove provided, and the city council shall act upon the appeal within twenty (20) days after receipt. (Ord. No. 296, § VIII, 1-24-67; Ord. No. 441, § IX, 4-10-73) Note—Prior to Ord.No.441,this was§ 10-122. Sec. 10-124. License fee. A license shall be issued to a successful applicant upon pay- ment of a license fee for each company and each commission, all as set forth in Chapter 11/2 of this Code.(Ord.No.296, §§IX,XIV, 1-24-67; Ord. No. 441, § X, 4-10-73; Ord. No. 1005, § 23, 6-27-89) Note—Prior to Ord.No.441,this was§ 10-123. Supp.No.23 786 § 10-125 OCCUPATIONAL LICENSES,ETC. § 10-127 Sec. 10-125. Transferability, suspension or revocation, re- newal and term of license. The following conditions shall apply to all licenses issued hereunder: (1) Licenses issued hereunder shall not be transferable. (2) Licenses issued hereunder shall be subject to the revoca- tion or suspension by the chief of police for violation of any of the provisions of this article or misconduct by the licen- see or his employees, after reasonable notice and an oppor- tunity to be heard has been given the licensee.The chief of police shall immediately notify any licensee, by personal service, of such suspension or revocation. (3) The chief of police shall issue renewal licenses to all licen- sees whose licenses have not been suspended at the time said licenses have expired, upon payment of the license fee. (4) All licenses issued hereunder shall be for a term of one(1) year. (Ord. No. 296, § X, 1-24-67; Ord. No. 441, § XI, 4-10-73) Note—Prior to Ord.No.441,this was§ 10-124. Sec. 10-126. Promulgation of rules and regulations for pri- vate patrol security officers. The chief of police shall have the authority to enact and enforce reasonable rules and regulations for the operation of private patrol security officers in the interest of public safety,morals and welfare and to effectuate the general purpose of this article.(Ord. No. 296, § XII, 1-24-67; Ord. No. 441, § XII, 4-10-73) Note—Prior to Ord.No.441,this was§ 10-127. Sec. 10-127. Impersonation of peace officer; use of siren, etc., reporting crimes. No private patrol security officer licensed herein shall impersonate or hold himself out as a peace officer of this state; nor shall a private detective operate or permit to be operated a motor vehicle with a siren, blinker light, or with Supp.No.23 787 §10-127 EULESS CODE §10-141 any insignia thereon bearing likeness to the insignia used by the peace officers of this state or this city, except with written permission of the chief of police of the city. All persons registered hereunder who may, pursuant to the activity for which they are registered, gain or come into possession of knowledge that a crime or offense has been committed or is about to be committed under the laws of this state or the ordinances of this city, shall give notice of such information and relate same to the police department of the city as soon as practicable. (Ord. No. 296, § XIII, 1-24-67; Ord. No. 441, § XIII,4-10-73) Note—Prior to Ord. No.441, this was § 10-126. Sec. 10-128. Penalty for violation. Any person violating any of the terms of this article shall be subject to a fine of not more than one thousand dollars($1,000.00), if such violation is of a continuous nature, and each and every day that such violation occurs shall constitute a separate and distinct offense.(Ord.No.441, § XIV,4-10-73;Ord.No. 792, § 11, --� 5-22-84) Secs. 10-129-10-140. Reserved. ARTICLE VIII. MASSAGE PARLORS AND MASSAGE ESTABLISHMENTS* Sec. 10-141. Definitions. The following words and phrases shall, for the purposes of this article, have the meanings and definitions as hereinaf- ter stated: (a) Massage parlor or massage establishment: Any building, house, room or place where massage is practiced upon the human body by any person other than a duly licensed medical doctor, doctor of osteopathy or chiroprac- tor. This term shall not include duly licensed beauty parlors *Editor's note—Ord. No. 436, making no reference to the Code, was codified as Art.VIII,§§ 10-141-10-155 at the editor's discretion. �\ Supp.No.23 788 §10-141 OCCUPATIONAL LICENSES,ETC. § 10-142 or barber shops or the office or place of business of a registered physical therapist. (b) Massage: Any act or process of kneading, rubbing, stroking or other such touching or otherwise manipulating the skin of the body of a human being either with the hands or any other part of the human body, or through the use of any mechanical devices, electrical instruments, or other apparatus. The term "massage" as used in this article shall not include kneading, rubbing, stroking or other such touching as above defined by duly licensed medical doctors, doctors of osteopathy, chiropractors or registered physical therapists or registered nurses or licensed vocational nurses at the direction or under the prescription of a medical doctor or doctor of osteopathy when such treatment is administered or prescribed in the professional course of treatment of a patient for a bona fide medical or mental infirmity. The term "massage" shall not include massage of the face or bust as authorized by the State of Texas in establishments licensed by the State of Texas as beauty shops and barber shops staffed by licensed barbers and beauticians. (c) Chief of police: The chief of police of the City of Euless, Texas, or his duly authorized representative. (d) Health officer: The health officer appointed by the Euless City Council or the Euless City Manager. (e) Prohibited body areas: Prohibited body areas are defined as including all genital organs, sex organs and private parts of the human body and shall include,but not be limited to the male and female genital areas,female breasts,the human buttock and the human anus. (Ord. No. 436, § 1, 11-28-72; Ord. No. 439, § 1, 2-13-73) Sec. 10-142. License required. No person or corporation shall operate a massage parlor or massage establishment in the City of Euless, Texas, without first having obtained a license therefor from the City of Euless. (Ord. No. 436, § 2, 11-28-72) Supp.No.23 789 §10-143 EULESS CODE § 10-144 Sec. 10-143. Application for license. An application shall be required by any applicant for a license to operate a massage establishment or a massage parlor in the City of Euless, Texas. The application shall be on such form as may be prescribed by the Euless City Manager or the Euless Chief of Police. Such application shall be filed with the chief of police. The application shall require the applicant to state under oath the proposed location of the establishment in an area prop- erly zoned therefor and the name of all owners of the proposed business and if a corporation, the name of all shareholders, the names of all proposed employees and all such persons, both own- ers and employees, shall be required to state in writing under oath whether such person has ever been convicted in any court of theft, sodomy, procuring, pandering, keeping a bawdy house, engaging in prostitution or other criminal offense. No license shall be granted for the operation of any massage parlor or estab- lishment where either the owner or employees have been con- victed of any of the offenses stated herein. A license for the operation of a massage parlor or massage establishment shall be immediately revoked by the chief of police should it be deter- mined that a person convicted of any of the offenses stated in this section shall become an owner, operator or employee of a mas- sage parlor or massage establishment having a license issued by the City of Euless. (Ord. No. 436, § 3, 11-28-72) Sec. 10-144. License expiration date and fee;posting license. A license to operate a massage establishment or massage par- lor shall be issued to expire on the thirty-first day of December of each year. The annual license fee shall be as set forth in Chapter 1% of this Code and shall be payable in full regardless of the date upon which the license is granted.The license shall be posted and publicly displayed in a conspicuous place at the location of the massage parlor or massage establishment. (Ord. No. 436, § 4, 11-28-72; Ord. No. 1005, § 24, 6-27-89) Supp.No.23 790 § 12-10 PARKS, ETC. § 12-13 Sec. 12-10. Swimming pool fees,hours of operation and gen- eral policy. Pool hours of operation and general policy involved in the operation of municipal swimming pools shall be established by the city council by proper entry in the council minutes upon the recommendation of the city manager and the director of parks and recreation. Pool use fees shall be as set forth in Chapter 11/2 of this Code. The city manager and the director of parks and recre- ation shall consult with the park and recreation board in effect- ing general policy for the operation of municipal swimming pools and make such recommendations to the city council as may,from time to time, be deemed necessary and appropriate. (Ord. No. 251, Art. IV, § 11, 5-25-65; Ord. No. 1005, § 25, 6-27-89) Cross references—Swimming pool construction,sanitation and use, § 8-40 et seq.;indecent exposure at swimming pools, § 11-4. Sec. 12-11. Concessions. The city council may from time to time upon the recommen- dation of the city manager grant concessions for the operation of amusements, refreshment stands and related concessionaire facilities for operation in municipal parks and play- grounds. Any such concession shall be granted upon a written contract detailing the privileges, duties and responsibilities of the concessionaire and providing adequate protection for the city and its citizens. (Ord. No. 251, Art.V, 5-25-65) Sec. 12-12. Alcoholic beverages prohibited. It shall be unlawful for any person to sell, bring into, possess or consume an alcoholic beverage in any park of the city except upon special permit granted by the Euless City Council upon application, which permit, if granted, may contain terms and conditions applicable thereto. (Ord. No. 660, § 1, 4-28-81) Sec. 12-13. Penalty. Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and the person, or an employee, agent, manager or officer thereof, shall be pun- Supp.No.23 903 § 12-13 EULESS CODE §12-31 ished as provided in Section 1-6 for each offense, and each day's failure or refusal to comply with said provisions will constitute a separate offense, and in case of wilful or contin- ued violations by any person as aforesaid, or his agents, em- ployees, servants or officers, the city shall have power to revoke and repeal any license under which said person may be acting, and revoke all permits, privileges and franchises granted to said person. (Ord. No. 251,Art.VI, 5-25-65) Secs. 12-14-12-29. Reserved. ARTICLE II.LIBRARY* Sec. 12-30. Department; director. There shall be a department of city government to be known as the department of public libraries. Such department shall be under the supervision of the director of libraries who shall be appointed by the city manager, and shall be responsible to the city manager for the conduct of the affairs and business of the public libraries of the city. (Ord. No. 319, §I, 1-9-68) Sec. 12-31. Board—Created,membership. There is hereby created a library board of six (6) members appointed by the mayor with the approval of the city council. Said members shall be citizens of the city. The library board appointed pursuant to the terms of this article shall be appointed as follows: Three (3) members shall be ap- pointed for a term which shall expire on the thirtieth day of April, 1968; three (3) members shall be appointed for a term which shall expire on the thirtieth day of April, 1969. Vacan- cies on the board shall be filled in the same manner as here- inabove prescribed and vacancy appointments shall be for the duration of the term of the position being vacated. (Ord. No. 319, § II, 1-9-68) *State law references—Authority to take property for library pur- poses, V.T.C.S. art. 1175(15); state plan for library construction and services, art. 5436a; injuring or defacing library property, V.T.P.C. art. 1366; detaining books, art. 1367. Supp.No.23 904 §12-32 PARKS, ETC. § 12-33 Sec. 12-32. Same—Function; organization. The library board shall serve in an advisory capacity to the city council and the director of libraries concerning library services for the city. The library board shall elect its own chairman from among its members and shall conduct its busi- ness at such times and under such rules and regulations as it may prescribe. (Ord. No. 319, § III, 1-9-68) Sec. 12-33. Unlawful use of library materials; penalty for violation. (a) It shall be unlawful to willfully injure or deface any book, newspaper, magazine, pamphlet, manuscript or other property of the Euless City Library by writing, marking, tearing, breaking, mutilating or otherwise injuring or defacing such property. (b) It shall be unlawful to retain any book, newspaper, magazine, pamphlet, manuscript or other property of the Euless City Library for a period of thirty (30) days after the giving of written notice to return same, provided such notice is given after the expiration of time for which such property was lent under the then rules of the Euless City Library. The written notice herein provided for shall be deemed given when same is deposited in the United States mail, postage prepaid, by registered or certified mail, to the person or entity to whom such property was lent. Such notice shall be given to the person or entity at the address reflected for same on the most recent "library card" of such person or entity according to the then records of the Euless City Library. The date for return of such property according to the then rules of the Euless City Library may be proven upon trial of any offense under this section by, the submission into evidence of the original, or a true and correct copy of the original "book card" as contained within the records of such Library.,Proof of giving written notice as required in this section upon the trial of any offense under this section may be proven by submission into evidence of the registered or certified mail return receipt accompanying such notice as returned to the Euless City Library by the United States postal service, or a true and correct copy Supp.No.23 905 § 12-33 EULESS CODE §12-34 thereof, together with a copy of the form or notice then being given by such library. Failure of delivery of such notice by the United States Post Office shall not be deemed a defense to such offense provided notice was mailed to the address of the defendant above provided for. (c) Any person, firm or corporation violating any of the terms and provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Section 1-6 of this Code. Each such violation shall be deemed a separate offense and shall be punishable as such hereunder. (Ord. No. 599, §§ I, II, IV, 10-23-79) Sec. 12-34. Fees, expense charges and fines for the use of library facilities and materials. The Euless City Council, by resolution appropriately adopted, shall have the authority to establish,levy and change,from time to time, fines with respect to the use of library facilities and the use or detention of library materials. Such fines shall become effective when the resolution establishing or changing same is adopted by appropriate resolution of the city council. Fees and expense charges for the use of library facilities and materials shall be as set forth in Chapter 11/2 of this Code. (Ord. No. 814, § 1, 10-9-84; Ord. No. 1005, § 26, 6-27-89) [The next page is 953] Supp.No.23 906 § 13-23 STREETS AND SIDEWALKS § 13-25 the applicant seeks to first close or block any part of the roadway and shall contain the following information: (a) The name, telephone number, local address and principal place of business of the applicant; (b) The name and day and night telephone number of the engineer, foreman or other person who will be in charge of the construction or repairs for which the application is requested; (c) The times of the day and total number of calendar days the applicant seeks to block the roadway; (d) A statement signed by the applicant, or a person authorized to bind the applicant, that the applicant will indemnify and forever hold the city harmless against each and every claim, demand or cause of action that may be made or come against it by reason of or in any way arising out of the closing or blocking of the roadway by the applicant under a permit from the city, if such permit is granted; (e) A standard barricading layout showing placement of barricades, cones and informational signs used on the project; (f) An explanation as to the nature or type of work that is to be performed along with its location; and (g) Any other information deemed necessary by the person designated by the city. (Ord. No. 630, § 3, 6-24-80) Sec. 13-24. Permit fee. Any and all firms, persons or corporations obtaining a permit from the city shall pay a fee, per permit, as set forth in Chapter 1% of this Code. Should more than one(1)location be involved, a separate permit and fee shall be obtained for each location. (Ord. No. 630, § 3, 6-24-80; Ord. No. 1005, § 27, 6-27-89) Sec. 13-25. Plans. (a) Submitted by contractor. Any contractor undertaking any work whether of his own, or under contract for any Supp.No.23 957 § 13-25 EULESS CODE § 13-25 other person, and such work is within a city street and requires that a set of plans be drawn up due to the extensive and/or complex nature of the work, will be subject to the provisions set forth herein and must file for a permit before beginning construction. Proof must also be shown that he has obtained approval by other affected agencies of the city to actually perform the work. (1) A plan must be prepared by the contractor showing where work is to be performed. The plan will include a standard barricading layout showing placement of barricades, cones and informational signs used on the project. In most cases, layouts will be similar to those shown in the latter part of the attached manual.* Deviation from the manual will be allowed only with approval of the person designated by the city or an appointed representative. (2) The plan as mentioned in subsection 13-25(a)(1) above must be submitted a minimum of five (5) business days prior to actual beginning of the construction work. This time period will allow the person desig- nated by the city the opportunity to survey the construction site in an attempt to uncover any traffic problems which might develop as a result of the barricading. (3) Each contractor will provide with his barricading plan a listing of all persons directly responsible for the safety on each project to include an address or telephone listing at which said persons can be reached at any hour of the day if a hazardous condition develops. (4) Construction work performed by a contractor whether on his own or under contract for any other person, minor enough such that a set of plans need not be drawn up, will not be required to comply with the provisions of subsection 13-25(a)(1)—(3) above. Such work would include minor street construction (resur- *Editor's note—The manual mentioned in § 13-25 was not set out herein, but a copy may be found on file in the office of the city secretary. Supp.No.23 958 § 15-29 VEHICLES FOR HIRE § 15-30 Sec. 15-29. Street rental. The city council at the time of issuing a certificate of public convenience and necessity shall charge each grantee a reason- able rental based upon the number of taxicabs operated, streets and thoroughfares used, number of miles traveled thereon, and the number of passengers transported, as compensation for rental for the use and occupancy of the streets and thoroughfares of the city; such rental to be paid at the office of the city secretary in accordance with the terms and provisions of the certificate. The city council may at any time increase or decrease such rental charge due to a change in conditions or an increase or decrease of the use of the streets of the city after ten(10)days' notice to any and all persons operating in the city pursuant to a certificate of public convenience and necessity issued pursuant to the provi- sions of this article;provided, such rental charge shall not exceed a maximum rate as established by Chapter 1%of this Code.(Ord. No. 41, § XII, 2-13-56; Ord. No. 1005, § 28, 6-27-89) State law reference—Authority to levy two per cent gross receipts tax on taxicabs,V.T.C.S.art.6698. Sec. 15-30. Driver's permit—Required,application,term. No person shall drive or operate a public vehicle in the city unless he has been issued a permit to do so by the chief of police, which shall be granted only after submitting himself to a physical examination which shall show that he is physi- cally able to perform such work, and in his application he shall state his name, street address, age, period of experience in operating public vehicles, that he is not addicted to any habits that would impair his physical ability to operate such vehicle; whether he has ever been convicted of any offense against the laws of the city, state or nation, and if so, the nature of such convictions, his place of residence for the three (3) years preceding the date of such application, the length of his residence in the city immediately prior to the making of the application, and such other information as the chief may require. This permit shall be in force and effect for one year from the date of its issuance unless otherwise cancelled or revoked by the chief. (Ord. No. 41, § XII, 2-13-56) Supp.No.23 1097 § 15-31 EULESS CODE § 15-34 ^� Sec. 15-31. Same—Driver to display license and permit. A description of the owner's license and the driver's permit shall be attached to the vehicle in some conspicuous place where it may be easily seen by passengers and shall state the number of the car license and such other facts as will prop- erly identify it, the dates that the license and the permit were issued and any other information that may be deemed proper by the chief of police. (Ord. No.41, § XV,2-13-56) Sec. 15-32. Vehicle condition. The city council shall from time to time cause to be made an inspection of public vehicles, and if any vehicle shall be found unfit or unsafe for operation, notice shall be given to the holder of the certificate of public convenience and neces- sity and license thereof, and such vehicle shall not be operated thereafter until the same has been put in a safe and fit condition. (Ord. No. 41, § VII, 2-13-56) Sec. 15-33. Waiting on streets. It shall be unlawful for any owner or operator to permit a public vehicle to stand waiting for employment upon any pub- lic street or public property within the city, but it must stand and remain, except while in the immediate act of discharging or taking on passengers, upon and within private depots and grounds upon private premises. (Ord. No. 41, § VIII, 2-13-56) Sec. 15-34. Soliciting patronage. No owner, employee or other person in behalf of the owner or operator of any public vehicle shall solicit, by word, signal or otherwise, patronage for such public vehicle on any public street or public property or sidewalks of the city, and such persons are prohibited from cruising, seeking employment or in any manner soliciting, by word, signal or otherwise, patron- age for such vehicles while in operation or in use upon any public street or public property. (Ord. No.41, § IX, 2-13-56) Supp.No.23 1098 § 15-35 VEHICLES FOR HIRE § 15-37 Sec. 15-35. Holding out vehicle as taxicab without authority. No person shall use the terms "taxi" or "taxicab" or "for hire automobile" or "for hire car" or "auto rental" or in any way advertise or hold himself out as a taxicab company or operator or for hire automobile company or operator or rep- resent himself to be such by means of advertisements, signs, trade names or otherwise unless he has previously thereto complied with the conditions, regulations and restrictions prescribed by this article. (Ord. No. 41, § X, 2-13-56) Sec. 15-36. Trip records. The owner or operator of public vehicles shall keep a daily record of the transportation or trips of each vehicle, and such record shall show in detail the hour and place of departure and return of each trip, its destination and the name of the operator of the vehicle. (Ord. No. 41, § XI, 2-13-56) Sec. 15-37. Penalties. (a) Any person violating any of the provisions of this arti- cle shall be deemed guilty of a misdemeanor and the person, or any employee, agent, manager or officer thereof, who is guilty of violating any of the provisions of this article shall upon conviction be punished as provided in section 1-6 for each offense, and in case of willful or continued violations by any person, or his employees, agents, servants or officers, the city shall have power to revoke and repeal any license, per- mit, privilege and franchise granted to said person. (b) In case of any willful violation of any of the terms and provisions of this article, the city, in addition to imposing the penalties above provided may institute any appropriate action or proceeding in any court having jurisdiction, to restrain, correct or abate such violation; and the definition of any vio- lation as a misdemeanor shall not preclude the city from in- voking the civil remedies given it by the laws of the state. (Ord. No. 41, § XIX, 2-13-56) Supp.No.23 1099 § 15-38 EULESS CODE § 15-45 Secs. 15-38-15-44. Reserved. ARTICLE III. WRECKERS AND TOW TRUCKS Sec. 15-45. Permit—Required,fee,expiration,nontransferable, display. (a) Scope of activity for which required: No person shall drive, operate or cause to be operated, nor shall any person employ, permit or allow another to drive, operate or cause to be operated, any wrecker over any street in the city for the purpose of remov- ing, moving or towing of any vehicle without first having ob- tained from the city under the provisions of this article a permit authorizing such operation and use of said wrecker vehicle. This subsection shall not be construed to prohibit, nor shall a permit be required for, the transportation by a nonresident wrecker company or operator of a vehicle with the consent of the owner of such vehicle or such owner's authorized representative,provided such wrecker shall be registered with the Texas Department of Labor and Standards under the Texas Tow Truck Act. A nonresi- dent wrecker company or operator shall mean that the wrecker owner does not maintain a place of business within the corporate limits of the City of Euless, Texas. (b) Fed expiration, nontransferable:Every application for a wrecker permit shall be accompanied by the payment of a permit fee, as set forth in Chapter 11 of this Code, for each wrecker to be operated by the applicant.All such permits issued shall expire on December thirty-first of the year in which they were issued. Said permits shall not be transferable, and no permit shall be used on any wrecker vehicle other than the one for which it was issued. (c) Display: All wrecker permits shall be visibly displayed on each wrecker vehicle operated in the city.(Ord.No.412,Art.I, §§ 1,2,5,8, 10-26-71; Ord.No. 970, § 1,5-24-88;Ord.No. 1005, § 29, 6-27-89) Supp.No.23 1100 § 16-21 WATER AND SEWERS § 16-24 Sec. 16-21. Connection fees. (a) Water. Prior to receiving service, each consumer shall, upon being connected to the system, pay the appropriate connection fees, as set forth in Chapter 11/a of this Code, including tap fees, meter box fees,meter fees,sprinkler meter fees and sprinkler box and fitting fees. (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 as set forth in Chapter 11 of this Code.(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; Ord. No. 1005, § 30, 6-27-89) Sec. 16-22. Water deposits. (a) 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. The amount of such deposit shall be as set forth in Chapter 112 of this Code. (b) Deposits shall be refunded or,in the event a balance is due, applied against the final bill for services required upon termina- tion of the contract.the city will not pay interest on meter deposit funds. (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; Ord. No. 1005, § 31, 6-27-89) 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 as set forth in Chapter 11/i of this Code. (Ord. No. 795, § 3.4 (3.4.2)— (3.4.4), 6-12-84; Ord. No. 867, § 2, 11-26-85; Ord. No. 892, § 2, 8-26-86; Ord. No. 983, § 1, 9-27-88; Ord. No. 1005, § 32, 6-27-89) Sec. 16-24. Reconnection of service. Where services have been disconnected for nonpayment, there shall be a charge for reconnection and an additional deposit, as Supp.No.23 1163 § 16-24 EULESS CODE § 16-26 set forth in Chapter 112 of this Code, and full payment of out- standing bills before reconnection of service. (Ord. No. 795, § 3.3 (3.3.5), 6-12-84; Ord. No. 1005, § 33, 6-27-89) Sec. 16-25. Monitored group class. (a) The superintendent shall establish a monitored group class, consisting of those customers whose wastewater strength is, in his judgment, abnormally high or low, and charges to customers in this class shall be computed in accord with the rate schedule set forth in Chapter 112 of this Code. (b) The monitoring charge shall consist of all cost for person- nel, material and equipment used to collect and analyze samples from the customer's wastewater to determine the strength of the wastewater produced. The monitored customer's wastewater shall be tested a minimum of once per year, but may be tested on a more frequent basis if deemed necessary by the superintendent or if the mentioned customer requests more frequent testing. (c) This schedule shall replace all other charges previously made for industrial waste strength. (Ord. No. 795, § 3.5 (3.5.1), 6-12-84; Ord. No. 1005, § 34, 6-27-89) Sec. 16-26. Industrial cost recovery. (a) Construction costs. In providing a waste treatment system which includes the treatment of industrial wastes, either inde- pendently or in conjunction with other wastes, the Euless Water Department shall have the authority to collect from such indus- trial users all or any part of the construction costs of such waste treatment system reasonably attributed to such industrial wastes. The apportionment of such costs shall be equitable as among industrial users, and such costs may be collected by assessment, connection fee,periodic charges, or in other manners or combina- tions thereof as in the judgment of the director of public works is equitable and will assure such industrial cost recovery. Imple- mentation of industrial cost recovery shall be contingent on noti- fication of apportionment and actual billing by the Trinity River Authority and as mandated by state or federal requirements. (b) Industrial user. An industrial user in any nongovernmen- tal user of the city's sanitary sewage system, identified in the Supp.No.23 1164 § 16-26 WATER AND SEWERS § 16-26 Standard Industrial Classification Manual, 1972, Office of Man- agement and Budget, as amended and supplemented, under the following divisions: (1) Division A—Agriculture, forestry and fishing. (2) Division B—Mining. (3) Division D—Manufacturing. (4) Division E—Transportation, communications, electric, gas and sanitary services. (5) Division I—Services. Any industrial user may be excluded if it is determined that it will introduce primarily segregated domestic wastes or wastes from sanitary conveniences. Supp.No.23 1165 § 5 APPENDIX B—SUBDIVISIONS §8 (3) Blue-line prints: After approval of final plat by plan- ning commission, furnish city five (5) blue-line prints and one reproducible. (4) Reproducible as-built plans: After completion of im- provements, subdivider shall furnish the city one set of reproducible as-built plans and one set of prints. Sec. 6. Applicability of chapter, definition. "Subdivision"is defined as follows: (a) The act of division of any tract or parcel of land into two(2) or more parts for the purpose of sale or building develop- ment,or (b) As to any tract or parcel of land not theretofore platted in conformity with the provisions of this and other applicable ordinances of the city, the initiation of any building devel- opment thereon. As a condition precedent to any subdivision,the subdivider or owner of such property, or his agent, shall comply with the provisions of this ordinance and any other ordinances of the city applicable to such subdivision. (Ord. No. 147, § III(A)(2),6-5-61;Ord. No.698, § 1,3-9-82) Sec. 7. Fees. Application for any platting, subdivision or proposed public improvements shall be accompanied by a filing fee as set forth in Chapter 1Y2 of this Code.(Ord.No.673, § 1,8-11-81;Ord.No.698, § 2, 3-9-82; Ord. No. 806, § 1, 9-11-84; Ord. No. 1005, § 35, 6-27-89) Sec. 8. Conformance of plat approval application. The application of the subdivider, owner or agent for plat approval shall conform to the specifications outlined in this ordinance. (Ord. No. 147, § III(A)(2), 6-5-61) Supp.No.23 1319 §9 EULESS CODE § 9 Sec. 9. Required and optional improvements—Compliance by applicant. All land subdividers and developers shall on all new subdivi- sions of land in the city and for a distance of five (5) miles beyond its corporate limits, adhere to and be governed by the policies that are specified in this ordinance for the provision, construction, and placement of street improvements, drainage structures, alleys or easements, utilities and parks and play- grounds. The developer will be required to install or furnish all storm sewer, water lines, sewer lines, curb and gutter, street signs, electrical lines, gas lines and easements required for the devel- opment of the plat. Sidewalks shall be shown on all plans but are not required to be installed until building construction begins. There will be no participation by the city in improve- ments cost unless such is determined by the city. All property zoned "R-1" (single family dwelling district) ; "R-2" (two-family dwelling district) ; "R-3" (multiple-family dwelling district) ; "R-4" (multiple-family medium density dwelling district; limit of sixteen (16) units per acre) ; "R-5" (multiple-family high density dwelling district: limit of twen- ty-four (24) units per acre) ;"C-1" (neighborhood business dis- trict) ; "MH" (mobile home district) ; and "PD" (planned de- velopment district) pursuant to the zoning code of the City of Euless, Texas, shall be subject to the following requirements with respect to the placement of utilities: (1) If the subdivision being developed is abutting or touched on one or more sides by property then developed with all utilities underground, and any other property abut- ting and/or touching such subdivision is then undevel- oped as to the placement of utilities, then all utilities within the subdivision being developed shall be under- ground; (2) If the subdivision being developed is abutting or touched on one or more sides by property then served by utilities all of which are underground and is also abutted or Supp.No.23 1320 CODE COMPARATIVE TABLE Section Ord.No. Date Art./Secs. this Code I 1-4 2-142-2-145 II 1 2-156 2 2-157 III 1 2-168 2 2-131 3-5 2-169-2-171 IV 2-172 V 1-3 2-130 Section 1001 5-23-89 1 3-48 1005 6-27-89 1 21/4-2(b) 2 21-9(a) 3 3-8 4 4-20(b) 5 4-44(a) 6 4-97(d) 7 4-98(d) 8 4-99 9 4-114 10 4-135(c) 11 4-150(b) 12 41-30 13 6-1(eX4) 14 7-14 15 7-29 16 7-67(b) 17 8-71 18 8-86(bX5) 19 8-101 20 10-7 21 10-34 22 10-66 23 10-124 24 10-144 25 12-10 26 12-34 27 13-24 28 15-29 29 15-45(b) 30-33 16-21-16-24 34 16-25(a) 35 App.B, §7 36 112-21 11-3.8 Supp.No.23 1479 EULESS CODE Section Ord.No. Date Section this Code 11/2-4.20(b) 11/2-4.44(a) 11/2-4.97(d) 11/2-4.98(d) 11/a-4.99 11-4.114 11-4.135(c) 11/2-4.150(b) 112-4.1000 11/2-412.30 11-6.1(ex4) 112-7.14 11/a-7.29 112-7.67 112-8.71 11/a-8.86 112-8.101 11-10.7 11/s-10.34 11-10.52 112-10.66 \ 11/2-10.144 11/z-12.10 11-12.14 11 -12.34 112-13.24 112-15.4 11-15.29 12-15.45 11/z-16.21- 112-16.25 11/z-20 11/z-A 11/z-B.7 Supp.No.23 1480 CODE INDEX A ABANDONED, DERELICT, LOST PERSONAL PROP- ERTY Section Bill of sale, execution 7-62 Chief of police to administer disposition of property 7-60 Definitions 7-55 Fees Disposal 7-65 Generally 11/2-7.67,7-67 Holding periods, execution of bill of sale ________________ 7-62 Impounding 7-67 Proceeds, disposal 7-65 Impoundment Authorization 7-56 Junk 7-66 Junked vehicles Abatement and removal of nuisance City, by 7-78 Owner or occupant of private or public prem- ises, by 7-77 Penalty for failure 7-79 Definitions 7-75 Notice information generally 7-77 Notice of removal to Texas highway department 7-78 Nuisances Declaring junked vehicles to be 7-76 Penalty for violations __ 7-79 Reconstructing junked vehicles Prohibited 7-77 Removal City, by 7-78 Notice information 7-79 Notice of, to Texas highway department ______________ 7-78 Owner or occupant of private or public premises, by 7-77 Penalty for failure 7-79 Violations, penalty 7-79 Lien on impounded property 7-59 Notice as to motor vehicles ______ __________________ 7-64 Notice as to property other than motor vehicles 7-63 Nuisances, declaration 7-56 Records 7-67 Redemption of property Bill of sale,execution of 7-62 Supp.No.23 1497 EULESS CODE ABANDONED,DERELICT,LOST PERSONAL PROPERTY— Cont'd. Section Disposal of proceeds 7-65 Generally 7-61 Holding periods,execution of bill of sale 7-62 Manufactured housing Notices 7-63 Motor vehicles Notices as to 7-64 Notices as to property other than 7-63 Notices as to motor vehicles 7-64 Notices as to property other than motor vehicles,manufac- tured housing 7-63 ACCIDENTS Traffic. See that title Vehicles for hire (Wreckers and tow trucks). See that title AD VALOREM TAXATION. See: Taxation ADVERTISING Outdoor advertising. See: Signs and Billboards Vehicle displaying. See: Traffic ADVISORY BOARD FOR SOCIAL CONCERNS Appointment of members;officers;terms 2-72 Creation;composition 2-71 Quorum;voting by chairman 2-73 ADVISORY BODIES Departments and other agencies of city. See that title AFFIRMATION. See: Oath, Affirmation, Swear or Sworn AGED PERSONS Homestead exemption for persons sixty-five or over. See: Taxation AGENCIES OF CITY.See: Departments and Other Agencies of City AIR GUNS Defined. See: Firearms and Weapons AIRCRAFT EXPOSURE ZONE Subdivision regulations.See:Subdivisions(Appendix B) AIR POLLUTION CONTROL Control director Data, requiring, confidential nature 8-25 —� Supp.No.23 1498 CODE INDEX AIR POLLUTION CONTROL—Cont'd. Section Duties 8-22 Jurisdiction 8-24 Variances, 8-23 Definitions 8-20 Divisions Establishment 8-21 Enforcement, civil and criminal 8-30 General prohibitions 8-29 Jurisdiction 8-24 Methods and procedures for measuring 8-28 Mufflers on vehicles. See: Traffic Standards Air contaminants and activities not covered by state board . 8-27 State board regulations 8-26 AIRPORT ZONING BOARD Created 2-8 Regulations,duty to administer 2-8 Representation of political subdivisions 2-9 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 security alarm service 11/2-2'/4.9,23-9 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 11/2-2Y4.2(b),2'/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 Supp.No.23 1499 EULESS CODE ALARM SYSTEMS—Cont'd. Section 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 License fee Levied;applicability;collection;etc 21-1 Parks,prohibited in;ecceptions 12-12 Permits,fee 11-21 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 Emergency ambulance service Ambulance attendance,authority of 11-49 Authorization of city manager to establish 11-47 Emergency medical personnel Hindrance,interference or obstruction of prohibited 11-52 Establishing,authorization 11-47 False requests prohibited 11-51 Fees and charges,establishment of;responsibility for payment. 11-50 Fire department Hindrance, interference or obstruction of emergency per- sonnel prohibited 11-52 Medical director,designation of 11-48 Operation of service by 11-47 Provision of service 11-46 Requests for service 11-49 Violation, penalty 11-53 Vehicles for hire(ambulance).See that title AMPLIFIERS Prohibited noises enumerated.See:Noises Supp.No.23 1500 CODE INDEX ANIMALS AND FOWL Section 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 3-6 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 Unattended estrays(livestock) 3-40 Usage 3-46 Exceptions and exemptions 3-25 Fees 11-3.8,3-8 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 Supp.No.23 1500.1 EULESS CODE ANIMALS AND FOWL—Cont'd. Section Reporting Bites 3-63 Suspected rabies 3-64 Restriction on number of animals to be kept 3-13 Shelter fees 11-3.8,3-8 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 ARSON Reward.See:Fire Prevention ASSEMBLIES Interference with use of streets 11-5 Supp.No.23 \ 1500.2 CODE INDEX BUILDINGS—Cont'd. Section Building materials,bricks,broken concrete,etc. Disposal of. See: Garbage and Trash Certificates Code amendments __ —_______ 4-2 Changes in use Code amendments —___ —_--_---- 4-2 Code(s) Adopted __ ---_-__-- ----- 4-1 Electrical code. See: Electricity Fire prevention. See that title Penalty — — -------- — 4-1 Plumbing and gas fitting. See that title Demolitions, excavations,etc. Prohibited noises enumerated. See: Noises Electricity. See that title Fences and obstructions 4-132 et seq. Fences,walls,hedges and enclosures.See that title Fire prevention. See that title Flood damage prevention 4-170 et seq. Flood damage prevention.See that title Gas fittings. See: Plumbing and Gas Fittings Inspection fees Schedule 11-4.1000 Inspections Code amendments 4-2 Moving of buildings Care in carrying out operations 4-28 Clearing obstructions on completion 4-27 Continuous operation — 4-25 Designated routes, duty to use 4-24 Nighttime precautions 4-25 Report of position of structure at night 4-26 Permits Bonds -- --— --—--- ----- 4-21 Contents — - - -- — ---- 4-22 Denial for dangerous structures _ 4-23 Fees 1,/z-4.20(b),4-20 Required 4-20 Utility companies, arrangement with 4-21 Streets, repair 4-29 Owner defined re 1-3 Park structures. See: Parks and Recreation Permits Code amendments 4-2 Electricity. See that title Moving buildings. See within this title that subject Supp.No.23 1502.1 EULESS CODE BUILDINGS—Cont'd. Section Signs and billboards. See that title Swimming pools.See that title Plans and specifications Code amendments 4-2 Plumbing and gas fitting. See that title Prohibited noises enumerated. See: Noises Satellite television reception dishes 4-150 Schedule of inspection fees 11/2-4.1000 Signs and billboards. See also that title Code amendments re inspections,etc. 4-2 Structures in parks. See: Parks and Recreation Street regulations applicable to. See: Streets and Side- walks Swimming pools. See that title Uniform building code. See hereinabove: Code(s) Use or occupancy 4-2 Wiring Minimum acceptable grade 4-75 BUMS,TRAMPS, WANDERERS,ETC. Vagrancy provisions applicable to. See: Vagrancy BURNING Garbage and trash. See that title BUSINESSES Licenses and permits. See that title C CABLE TELEVISION Access programming facilities 41/2-62 Agreements with subscribers City approval required 41/2-45 Annexations Inclusion of annexed territory in franchise area 41/2-57 Bond requirements 41/2-28 Business office Maintaining;operational standards 41/2-33 CATV advisory board Authority to establish; membership;terms; duties 41-32 Complaints by subscribers Office for receiving; response; hearings 41/2-33 Compliance FCC standards and local,state and federal laws 41/2-41 Other laws and regulations 41/2-6 Technical codes, compliance with 41/2-42 Confidentiality of subscriber data 41/2-58 Acquisition of data without authorization prohibited 41/2-59 Supp.No.23 1502.2 CODE INDEX CABLE TELEVISION—Cont'd. Section Definitions 41/2-2 Emergency override 41/2-65 FCC standards, compliance with 41/2-41 Foreclosure; receivership 41/2-70 Franchise Application Authority to prescribe form of 41/2-21 Area of Annexations 41/2-57 Map indicating 41/-54 Review of 41/2-55 Service outside of 41/2-56 Authorized 41/2-3 Cancellation and termination 41/2-24 Duration of 41/2-4,41/2-22 Exclusivity 4 V2-22 Fee 11 41/2.30,41/2-30 Renegotiation 41/2-23 Renewal 41/2-22 Required 41/2-22 Revocation Purchase of system by city upon revocation 41/2-25 Transferability or assignment 4 V2-26 Rights subject to police powers 41/2-5 Hub system, use of required 41/2-63 Interconnections 41/2-64 Inspections City's right to inspect business records,etc 41/2-33 Insurance and indemnification 41/2-29 Local, state and federal laws Compliance with 41/2-41 Office Maintaining for receipt of complaints and requests for repairs,etc. 41/2-33 Operation regulations. See within this title specific subjects Public property Conditions for use of 4 V2-61 Purchase of system upon revocation of franchise 41/2-25 Transferability or assignment 41/2-26 Radiation Stray radiation 4 V2-68 Rates and charges Advance charges and deposits 41/2-50 City council approval of rates required 4V2-47 Disconnection, no charge for 41/2-53 Supp.No.23 1502.3 EULESS CODE CABLE TELEVISION—Cont'd. Section Installation and reconnection charges 41/2-52 Nonpayment by subscriber, disconnection for 41/2-53 Rebate of monthly fee for service interruptions 41/2-51 Requests for rate changes 41/2-48 Review of rates 41/2-47 Records and reports 41/2-31 City's right to inspect 41/2-33 Regulatory entity CATV advisory board, authority to establish 41/2-32 Repair and trouble-shooting force Response to subscriber complaints or service requests . 41/2-33 Requests for service RF switch; installation upon subscriber request 41/2-67 RF switch; converter with parental lock 41/2.67 Security fund 41/2-27 Service Continuity of 41/2-25 Interruption of service; rebate of monthly fee 41/2-51 Time table for commencing 41/2-44 Unreasonable requests for Standards for judging 41/2-44 Severability 41/2-7 Short title 41/2-1 Solicitation of subscribers City approval of materials 41/2-45 Standby power 41/2-66 Subscribers Agreements and solicitation materials City approval required 41/2-45 Date concerning Acquisition of without authorization prohibited 41/2-59 Confidentiality of 41/2-58 Copy of data for subscriber required 4V2-60 Time table for commencing operations and service 41/2-44 Use of public property 41/-61 User classes and divisions 4I/2-46 Violations; penalties 41/2-8 Additional penalties for certain breaches 41/2-69 CALLING AND TRADES Licenses and permits. See that title CAMPING Permits for camping in parks. See: Parks and Recreation CANVASSERS Peddlers, canvassers and solicitors. See that title Supp.No.23 1502.4 CODE INDEX CARCASSES Disposal of heavy dead animals.See:Garbage and Trash CARTS Traffic regulations. See:Traffic Supp.No.23 1503 CODE INDEX CODE OF ORDINANCES* Section Catchlines or headings of sections Effect. 1-2 Number system explained. See the preface to this volume Definitions 1-3 Designated and cited, how 1-1 General penalty. See hereinbelow: Violations Penalties. See hereinbelow: Violations Rules of construction 1-3 Severability of parts of code 1-5 Supplementation of code 1-4 Violations Continuing 1-6 General penalty —— — — — 1-6 Words and phrases 1-3 COIN-OPERATED MACHINES AND DEVICES Licenses Collection, receipt for fees 10-8 Fees 11/2-10.7,10-7 Required 10-7 COLLISIONS Traffic accidents. See: Traffic COMBUSTIBLES Fire prevention regulations. See: Fire Prevention COMIC BOOKS Obscene publications. See: Indency and Obscenity COMMERCIAL TRAVELERS Peddlers,canvassers and solicitors.See that title COMMISSIONS AND BOARDS Generally. See: Departments and Other Agencies of City COMMUNICABLE DISEASES Bathers with at swimming pools. See: Swimming Pools Disease control. See that title CONCESSIONS Park concessions. See: Parks and Recreation *Note—The adoption,amendment,repeal,omission,effective date,explanation of numbering system and other matters pertaining to the use, construction and interpretation of this Code are contained in the adopting ordinance and preface which are to be found in the preliminary pages of this volume. Supp.No.23 1505 EULESS CODE CONGREGATIONS Section Unlawful assemblies. See: Assemblies CONTAGIOUS DISEASES. See: Disease Control CONTRACTS AND AGREEMENTS Civil preparedness Approval of city council required to make contracts__. 43/,-9 Supp.No.23 1506 • CODE INDEX DRIVER'S LICENSES Section Vehicles for hire(taxicabs,etc.).See that title DRUMS Prohibited noises enumerated.See:Noises DRUNKENNESS Vagrancy provisions applicable to.See:Vagrancy DUST Air pollution control.See that title E EASEMENTS Subdivision requirements.See:Subdivisions EATING AND DRINKING ESTABLISHMENTS.See also:Food and Food Service Establishments Annual physical examination Required of employees 8-62 Compliance required 8-60 Effective date of provisions 8.72 Employees Annual physical examination required 8-62 Health cards.See within this title that subject Number of,determining 8-71 Fees 11-8.71 Enforcement,authority 8-73 Health cards Display 8-64 Fee not required 8-71 Required 8-61 Revocation 8-63 Penalty of violations 8-74 Permits Application for 8-67 Authority to issue 8-66 Display 8-64 Duration 8-68 Fees 8-71 Renewal 8-69 Required 8-65 Suspension of 8-60 Transferable 8-70 Regulation of smoking 8-115 et seq. Smoking,regulation of.See that title United States public health service ordinance Adopted 8-59 Violations,penalty 8-74 Supp.No.23 1507 EULESS CODE ELDERLY Section Homestead exemption for persons sixty-five or over.See:Taxation ELECTRICAL FENCES Prohibited 4-133(d) ELECTRICITY Apprentice electricians Licenses.See within this title that subject Code Adopted 4-73 Contractors License.See within this title that subject Definitions 4-71 Electrical board Created;membership;terms of office 4-72 Examination Applicants for master or journeyman electrician license,re- quired of 4-98(c) Fees 4-98(d) Grades 4-100 Inspectors and inspections Additions to old work,approval of;clearance for connection 4-91 Assistant electrical inspectors 4-82 Concealment of work prior to inspection Authority to demand uncovering 4-88 Disconnecting service 4-85 Hindering inspectors prohibited 4-84 New buildings under construction,inspection of. 4-87 Office of electrical inspector Created;duties generally 4-81 Plants,inspection of;correction of defects 4-90 Reconnecting service Approval required;exceptions 4-86 Reinspection,authority for;correction of defects 4-89 Removal of dead wires,unused poles or apparatus 4-92 Right of entry;power to arrest 4-83 Insurance requirements 4-115 Licenses Apprentice electrician's license Required,restrictions 4-99 Fees 11-4.99,4-99 Contractor's license When required;qualifications;application;term 4-97 Fees 11-4.97(d),4-97 Examination.See within this title that subject Failure to renew 4-102 Investigation of applicants;examination grades 4-100 • Supp.No.23 1508 CODE INDEX ELECTRICITY—Cont'd. Section Master electrician's or journeyman electrician's license When required;examination 4-98 Fees 11-4.98(d),4-98 Name under which issued 4.101 Reciprocity and recognition of other cities'licenses 4-104 Transfer and use of another's license to obtain permit prohibited 4-103 Master electricians and journeyman electricians licenses. See within this title that subject Meter installations 4-74 Permits Application 4-112 Fees 11-4.114,4-114 Insurance 4-115 Issuance Violations not authorized by 4-113 Transfer and use of another's license to obtain permit prohibited 4-103 When required 4-111 Purpose 4-70 Signs and billboards.See that title Violation; penalty 4-76 Permit issuance does not authorize violations 4-113 Wiring requirements 4-75 ELEVATED STRUCTURES Parking on.See:Traffic EMBALMING ESTABLISHMENTS Funeral procession regulations.See:Traffic Vehicles for hire(ambulances).See that title EMERGENCIES Civil preparedness.See that title Emergency ambulance service.See:Ambulances Fences,walls,hedges and enclosures.See also that title Emergency ingress and egress required 4-133(f) Water and sewers.See that title EMERGENCY VEHICLES Authorized emergency vehicles.See:Traffic Vehicles for hire(ambulances).See that title EMPLOYEES.See:Officers and Employees ENCLOSURES.See:Fences,Walls,Hedges and Enclosures EULESS,CITY OF.See:Municipality EXCAVATIONS Parking by.See:Traffic Prohibited noises enumerated.See:Noises Supp.No.23 1509 EULESS CODE EXHAUST DISCHARGES Section Prohibited noises enumerated.See:Noises EXPLOSIVES AND BLASTING AGENTS Fire prevention regulations.See:Fire Prevention Fireworks.See that title F FALSE WEIGHTS.See:Weights and Measures FEES Licenses,permits generally.See:Licenses and Permits Schedule of fees for licenses,permits,etc Ch. 11/2 See also specific subjects as indexed FENCES,WALLS,HEDGES AND ENCLOSURES Administration 4-135 Appeals 4-136 Barbed wire prohibited 4-133(c) Electrical fences prohibited 4-133(d) Emergency ingress and egress required 4-133(f) Exhibit A 4-138 General requirements/prohibitions for all fences and freestand- ing ^� walls 4-133 Height, maximum 4-133(e) Intersections Visibility triangle required 4-133(b) Obstruction prohibited 4-133(a) Park property;removing,breaking,mutilating 12-8 Parks,playgrounds and recreation.See also that title Penalty for violation 4-137 Permit Application 4-135(b) Fee schedule 11/2-4.135(c),4-135(c) Required 4-135(a) Property owner's responsibility 4-133(g) Public property 4-133(h) Scope 4-132 Setback requirements 4-134 Swimming pools Enclosures 8-42 Fence specifications 4-133(i) Variances 4-136 , Violations Penalty 4-137 Visibility triangle required 4-133(b) FIDUCIARIES Person defined re 1-3 �--� Supp.No.23 1510 CODE INDEX FILLING STATIONS Section Driving through.See:Traffic Transportation,handling of volatiles,etc.See:Fire Prevention Wholesale accumulations of refuse.See:Garbage and Trash • FINANCES Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordi• nance of this code. Taxation.See that title FINES, FORFEITURES AND PENALTIES General penalty for violations of code. See: Code of Ordinances Offenses. See that title. See also specific offenses Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinances of this code Traffic violations bureau. See: Traffic FIRE APPARATUS Following. See: Traffic FIRE DEPARTMENT Arrest authority 6-25 Arrest of suspicious persons at fires 6-25 Authorized emergency vehicles. See: Traffic Established __._- 6-20 Fires Arrest of suspicious persons 6-25 Command of fire officials at ___ 6-26 • Demolition of structures at — 6-23 Hindering firemen 6-27 Interfering with apparatus 6-28 Roping off fire scene 6-24 Intereference with apparatus 6-28 Membership _. 6-21 Obstructing, interfering with, hindering 6-27 Rules,reports,etc. Duties, carrying out rules, etc. 6..22 FIRE HOSE Crossing. See: Traffic FIRE HYDRANTS Parking restrictions.See:Traffic Street trees,distance from fireplugs.See:Trees and Shrubbery FIRE LANES Fire prevention. See that title Supp.No.23 1511 EULESS CODE FIRE MARSHAL Section Appeal from orders 6-48 Appointment 6-40 Arrest authority 6-43 Complaint, inspection upon 6-48 Dangerous appliances, use of 6-58 Dangerous premises, duties regarding 6-49 Ex officio or assistant fire marshal 6-41 Explosives, combustibles,flammables, etc. Duties regarding 6-50 Fires. See also that title Investigation _ 6-42 Inspections Complaint,frequency, etc. _ 6-48 Investigation of fires Arrest of offenders ______________— — — 6-43 Generally 6-42 Hearings, privacy 6-46 Invoking rule — _ _ 6-46 Notice prerequisite to prosecution ________________________ 6-52 Obtaining evidence 6-43 Prosecuting offending witnesses 6-45 Records — _______---____-_________- ---— 6-42 Right of entry 6-47 Subpoena of books, papers, etc. _____ 6-44 Summoning witnesses 6-44 Testimony, taking 6-43 Witnesses Offending witnesses, prosecuting 6-45 Privacy of hearings 6-46 Summoning 6-44 Office created 6-40 Orders, appeals — 6-48 Records 6-42 Removal _ 6-40 Reports to state fire marshal 6-48 Right of entry 6-47 Salary as fixed 6-40 State fire marshal, report to _- 6-48 Violations Investigation of fires. See within this title that sub- ject Notice prerequisite to prosecution — 6-52 Penalty, reemdies 6-51 FIRE PREVENTION Arson reward 6-5 Burning of trash. See: Garbage and Trash Supp.No.23 1512 CODE INDEX FIRE PREVENTION—Cont'd. Section Code Adopted 6-1(a) Amendments 6-1(e) Appeals from decisions 6-3 Building codes adopted. See: Buildings Definitions _ 6-1(b) Enforcement -- -- - 6-2 Fees 11/2-6.1(ex4), 6-1(eX4) Supp.No.23 1512.1 CODE INDEX FLOOD LANDS Section Subdividing.See:Subdivisions FLUES Air pollution control.See that title FOLLOWING. See:Preceding,Following FOOD AND FOOD SERVICE ESTABLISHMENTS Eating and drinking establishments.See that title Examination and condemnation of food generally 8-88 Infection,procedure when suspected 8-90 Inspections Access 8-87(b) Correction of violations 8-87(d) Frequency 8-87(a) Report form 8-87(e) Report of inspections 8-87(c) Permits,licenses or certificates Fees 11/z-8.86,8-86 Generally 8-86(a) Hearings 8-86(1) Issuance 8-86(b) Revocation 8-86(d) Application after S-86(g) Service of notices 8-86(e) Suspension 8-86(c) Regulation of smoking 8-115 et seq. Smoking,regulation of.See that title Remedies 8-91 Retail food stores Penalty for violation 8-102 Permit fee 8-101 Sanitation code adopted by reference 8-100 Review of plans 8-89 State rules adopted by reference 8-85 FOOD PEDDLERS Health certificates.See:Peddlers,Canvassers and Solicitors FOOD VENDING MACHINES Coin-operated machines and devices.See that title FORFEITURES.See:Fines,Forfeitures and Penalties FORTUNETELLERS Vagrancy provisions applicable to.See:Vagrancy FOWL.See:Animals and Fowl Supp.No.23 1515 EULESS CODE FRANCHISES Section Cable television.See that title Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordi- nance of this code FREEWAYS Traffic regulations.See:Traffic FRUITS AND VEGETABLES Food peddlers.See:Peddlers,Canvassers and Solicitors FUMES,EMISSION Air pollution control.See that title Mufflers on vehicles.See:Traffic FUNERAL HOMES Vehicles for hire(ambulances).See that title FUNERAL PROCESSIONS Traffic regulations.See:Traffic FUNGICIDES Pest control operators using poision.See:Pest Control Operators G �� GAMBLING Bookmaking.See that title Poolroom restrictions.See:Poolrooms and Billiard Parlors Vagrancy provisions applicable to.See:Vagrancy GARAGE SALES: See: Occasional or Garage Sales GARAGES Wholesale accumulations of refuse. See: Garbage and Trash GARBAGE AND TRASH Abandoned, derelict, lost personal property. See that title Accumulations of trash. See: Fire Prevention Air pollution control. See that title Animals scattering contents of garbage containers ____ 7-3 Bricks, broken concrete,lumber, etc. — 7-7 Building materials, other heavy objects —_____ 7-7 Burning 7-12 --------------------------- City jurisdiction, disposal within 7-9 Collection charges 11/2-7.14,7-14 Containers.See within this title: Receptacles Definitions —___— 7-1 Frequency of collection 7-13 Supp.No.23 1516 CODE INDEX GARBAGE AND TRASH—Cont'd. Section Glass,etc.,placed on highways. See: Traffic Heavy dead animals — --------------- 7-6 Jurisdiction, disposal within — --------- 7-9 Littering Abatement — — 7-46 Blowing, etc., from vehicles 7-45 Definitions 7-40 Glass,etc.,placed on highways. See: Traffic Prohibited -----___---------------------- 7-41 Property of another_________________________________ 7-42 Receptacles, use — 7-43 Sweeping, clearliness of sidewalk area 7-44 Manure, disposal ______--------_________________________---___________— 7-8 Nuisances,accumulations of trash. See: Fire Prevention Packing houses, filling stations, garages, restaurants, etc. Wholesale accumulations —_-- 7-5 Permit to collect refuse Applications — ____________—___________— 7-16 Bonds, insurance ____—-_----------------------------- 7-17 Required - —— -—- - — 7-15 Violations, penalties __________—_________— 7-18 Placing in streets 7-11 Preparation for collection _______ ____— ---__-------____-- 7-10 Receptacles Animals scattering contents ___________________________________ 7-3 Condition, cleanliness 7-3 Exposure to weather ___—___________ 7-3 Meddling with, scattering contents 7-4 Placing for, collection _____- ______—____— 7-2 Hours specified 7-3 Specifications ---- - - — -- --- 7-2 Wholesale accumulations _______—__—___—____— 7-5 Slaughterhouses,meat packing plants,etc. Wholesale accumulations —__---__—___ 7-5 Weeds and brush. See that title GAS Air pollution control. See that title Subdivision improvements. See: Subdivisions Utility facilities extended without authority. See: Streets and Sidewalks GAS FITTING. See: Plumbing and Gas Fitting Supp.No.23 1516.1 EULESS CODE GASOLINE,ETC. Section Fire prevention regulations. See: Fire Prevention Transportation, handling, etc., of volatiles. See: Fire Prevention GASOLINE STATIONS Driving through. See: Traffic GENDER Word usage for interpreting code 1-3 GENERAL PENALTY Code violations. See: Code of Ordinances GOATS Running at large. See: Animals and Fowl GRADES OF STREETS Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code GRASS. See: Weeds and Brush Park lawns,destruction. See: Parks and Recreation GRAZING Animals and fowl. See that title GUARD SERVICE Private detectives and special officers. See that title GUNS Discharge of firearms. See: Firearms and Weapons Supp.No.23 1516.2 CODE INDEX HYDROPHOBIA Section Rabies control.See:Animals and Fowl I IDLE PERSONS Vagrancy provisions applicable to.See:Vagrancy IMPOUNDMENT Vehicles.See:Traffic INDEBTEDNESS OF CITY Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordi- nance of this code INDECENCY AND OBSCENITY Obscene publications Certain crime publications prohibited 11-32 Definitions 11-30 Minors,displaying to 11-15 Presumption from displaying 11.34 Prohibited 11-31 Scope of provisions 11-33 Violations,penalties 11-35 Swimming pools,indecent exposure at 11-4 Vagrancy provisions applicable to.See:Vagrancy INDUSTRIAL WASTES.See:Water and Sewers INFECTIOUS DISEASES.See:Disease Control INFLAMMABLES Fire prevention regulations.See:Fire Prevention INJURY Liability of city for claims of property damage or personal injury 2-12 INOCULATION Dogs,rabies control.See:Animals and Fowl INOPERATIVE VEHICLES Disposal.See:Abandoned,Derelict,Lost Personal Property INSECT CONTROL Pest control operators.See that title INSURANCE Officers and employees,liability plan 2-110 et seq. Officers and employees.See that title Self-insurance and risk management 2 130 et seq. Officers and employees.See that title Supp.No.23 1519 EULESS CODE INTERSTATE COMMERCE Section Peddlers provisions.See:Peddlers,Canvassers and Solicitors ITINERANT SALESMEN Peddlers,canvassers and solicitors.See that title J JOINT OWNER Owner defined re 1-3 JUDGES Municipal court judges.See:Municipal Court JUKEBOXES Coin-operated machines and devices.See that title JUNK Abandoned,derelict,lost personal property.See that title JUNKED VEHICLES Abandoned,derelict,lost personal property.See that title JURISDICTION Air pollution provisions.See:Air Pollution Control JUVENILES.See:Minors L LAND Owner defined re 1-3 LANED ROADWAYS Traffic regulations.See:Traffic LAW ENFORCEMENT.See:Police Department LAWNS Park lawn,destruction.See:Parks and Recreation LAWS OF CITY Code of ordinances.See that title LIABILITY Liability of city for claims of property damage or personal injury 2-12 Officers and employees,liability plan 2-110 et seq. Officers and employees.See that title LIBRARIES Board Created,membership 12-31 Functions 12-32 Organization 12-32 Department,director • 12-30 Fees,expense charges and fines for use of facilities and materials. 11/2-12.34,12-34 Willful damage or injury to library materials 12-33 Supp.No.23 1520 CODE INDEX LICENSES AND PERMITS Section Alcoholic beverages.See that title Annual levy on state taxed occupations Future occupations 10-2 Present occupations 10-1 Barricades.See:Streets and Sidewalks Building permits.See:Buildings Camping in parks.See:Parks and Recreation Canvassers.See:Peddlers,Canvassers and Solicitors Coin-operated machines and devices.See that title Consecutive Saturday and Sunday sales Emergencies 10-6 Exemptions 10-5 Prohibited merchandise 10-3 Prohibited services 10-4 Contractors Electrical contractors'licenses.See:Electricity Dogs.See:Animals and Fowl Door-to-door salesmen.See:Peddlers,Canvassers and solicitors Eating and drinking establishments.See that title Electrical work,permits for.See:Electricity Electricians,electrical contractors,etc.See:electricity Fence permits 4-135 Fences,walls,hedges and enclosures.See also that title Fire extinguisher sales and service.See:Fire Prevention Flood damage prevention.See that title Food peddlers health certificates. See: Peddlers, Canvassers and solicitors Garage sales.See:Occasional or Garage Sales Hawkers,hawking,etc.See:Peddlers,Canvassers and Solicitors Health certificate for food peddlers.See:Peddlers,Canvassers and Solicitors Itinerants Peddlers,canvassers and solicitors.See that title Massage parlors and massage establishments. See that title Occasional or garage sales. See that title Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code Parade permits.See:Traffic Park and playground use permits. See: Parks and Recreation Pawnbrokers.See that title Peddlers,canvassers and solicitors.See that title Pest control operators.See that title Poolrooms and billiard parlors.See that title Supp.No.23 1521 EULESS CODE LICENSES AND PERMITS-Cont'd. Section Private patrol security officer. See: Private Detectives and Private Patrol Security Services Refuse collection permits.See:Garbage and Trash Retail food stores 8-101 Food and food service establishments.See also that title Satellite television reception dishes 4-150 Saturday and Sunday sales Consecutive Saturday and Sunday sales. See hereinabove that subject Schedule of various fees for permits,services,licenses Ch. 11 Signs and billboards.See that title Solicitors Peddlers,canvassers and solicitors.See that title Transient merchants Peddlers,canvasers and solicitors.See that title Vehicles for hire(ambulances).See that title Vehicles for hire(taxicabs,etc.)See that title Vendors Peddlers,canvassers and solicitors.See that title Wastewater discharge permits 16-70 Water and sewers.See also that title Wreckers and tow trucks. See: Vehicles For Hire (Wreckers and Tow Trucks) LITTERING.See also:Garbage and Trash Glass,etc.,placed on highways.See: Traffic LIVESTOCK Running at large.See: Animals and Fowl LOADING ZONES Designation and use.See: Traffic LOITERING Definitions 11-6 Public room contrary to order to leave 11-8 Rest rooms, in _ 11-7 Supplementary to statutes 11-9 Unlawful assemblies. See: Assemblies Vagrancy provisions applicable to. See: Vagrancy LOST PERSONAL PROPERTY. See: Abandoned, Dere- lict,Lost Personal Property LOTS,VACANT Littering. See: Garbage and Trash Staking out animals. See:Animals and Fowl LOUDSPEAKERS Prohibited noises enumerated.See: Noises Supp.No.23 1522 CODE INDEX LUMBER,WOOD,COAL,ETC. Section Placing materials on streets. See: Streets and Sidewalks M MANURE Disposal. See: Garbage and Trash MARBLE TABLES Coin-operated machines and devices. See that title MARSHAL,FIRE. See: Fire Marshal MASSAGE PARLORS AND MASSAGE ESTABLISH- MENTS Charges for services Posting ---------__ --____-- 10-154 Definitions _____—_—___________________ ____— 10-141 Hours of operation 10-148 Inspections —________ 10-150 Licenses Applications —____-___—__— 10-143 Denial, appeal 10-147 Expiration 10-144 Fees — 11-10.144, 10-144 Posting 10-144 Required 10-142 Revocation 10-146 Appeals 10-147 Medical certificates required 10-145 Penalty for violations 10-155 Persons of opposite sex, massaging 10-152 Prohibited acts 10-146 Registration of patrons 10-153 Sanitary requirements 10-151 Use for residence purposes prohibited 10-149 Violations, penalties 10-155 MASTER ELECTRICIANS Licenses. See:Electricity Supp.No.23 1522.1 CODE INDEX NATURAL DISASTERS Section Civil preparedness.See that title NIGHTWATCHMEN Private detectives and special officers.See that title NOISE Barking dogs.See:Animals and Fowl Enumeration of unnecessary,unlawful noises 11-11 Generally 11-10 Mufflers on vehicles.See:Traffic Swimming pools,at.See:Swimming Pools NUMBER Word usage for interpreting code 1-3 NUISANCES Accumulations of trash.See:Garbage and Trash Air pollution control.See that title Fierce,etc.,dogs.See:Animals and Fowl Garbage and trash.See that title Junked motor vehicles. See: Abandoned, Derelict, Lost Per- sonal Property Weeds and brush.See that title 0 OATH,AFFIRMATION,SWEAR OR SWORN Definitions for interpreting code 1-3 OBLIGATIONS OF CITY Ordinances saved from repeal,other provisions not included herein.See the preliminary pages and the adopting ordi- nance of this code OBSCENITY.See:Indecency and Obscenity OBSTRUCTIONS Fences and obstructions 4-132 et seq. Fences,walls,hedges and enclosures.See that title OCCASIONAL OR GARAGE SALES Advertising 10-53 Definitions 10-50 Locations and conditions of conducting 10-51 Penalties 10-54 Permit Fees 11-10.52,10-52 Required 10-52 Registration 10-52 OCCUPATIONS Licenses and permits.See that title Supp.No.23 1525 EULESS CODE OFFENSES Section Fines,forfeitures and penalties.See that title General penalty for violations of code.See:Code of Ordinances Miscellaneous offenses and provisions 11-1 et seq. Specific penalties,regulations.See specific subjects Ordinances saved from repeal,other provisions not included herein.See the preliminary pages and the adopting ordi- nance of this code OFFICERS AND EMPLOYEES Air pollution control director. See: Air Pollution Control Animal warden. See: Animals and Fowl Civil preparedness. See that title Civil service system. See that title Compensation,salaries,etc. Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code Coordinator of civil preparedness Civil preparedness. See that title County judge. See that title Definitions and rules of construction 1-3 Departments and other agencies of city. See that title Director of civil preparedness Civil preparedness. See that title Fire department. See that title Fire marshal. See that title Fire prevention officer. See: Fire Prevention Hospital authority. See that title Liability plan Cause of action,not creating 2-119 Coverage 2-111 Determination of 2-118 Limits 2-113 Defense 2-112 Definitions 2-110 Determination of coverage 2-118 Exclusions 2-115 Legal representation 2-117 Limits of coverage 2-113 No creation of cause of action 2-119 Period of plan 2.114 Subrogation 2-116 Library director. See: Libraries Mayor. See that title Personnel policies,etc. Ordinances saved from repeal,other provisions not included herein.See the preliminary pages and the adopting ordi- nance of this code Supp.No.23 1526 CODE INDEX OFFICERS AND EMPLOYEES—Cont'd. Section Public works director.See:Flood Damage Prevention Self-insurance and risk management Miscellaneous provisions Cumulative effect 2-130 Risk retention . . - . 2-131 Payments for covered program risks,limitations,conditions Covered program risks .. .. . . . . .. . . . . . . .. .. .. . 2-156 Expenses of the program 2-157 Risk manager Claims 2-170 Compensation and health claims 2-172 Duties 2-168 General management responsibilities 2-171 Management 2-170 Other city appointment . 2-171 Purchase of insurance 2-169 Reporting 2-170 Settlement 2-170 Self-insurance and risk management program Administration 2-142 Creation 2-142 Risk management fund Created 2-143 Funding of 2-144 Payments from 2-145 Purpose 2-143 OFFICIAL TIME STANDARD.See:Time ONE-WAY STREETS Designation and use.See:Traffic ORDINANCES.See:Code of Ordinances OUTDOOR ADVERTISING Signs and billboards.See that title OVERGROWTH.See:Weeds and Brush OVERPASSES Traffic regulations.See:Traffic OWNER Defined 1-3 P PALMISTRY Vagrancy provisions applicable to.See:Vagrancy Supp.No.23 1527 EULESS CODE PARADES Section Permits.See:Traffic PARKING Generally.See:Traffic Parks,in.See:Parks and Recreation PARKING AREAS Street defined re 1-3 Streets in general.See:Streets and Sidewalks PARKS,PLAYGROUNDS AND RECREATION Activity fee structure Fees for services 1/-12.14 Alcoholic beverages prohibited 12-12 Animals Teasing,injuring,killing 12-9 Building,constructing 12-6 Camping and activities Permits 12-2(a) Class fees Fees for services 11/2-12.14 Concessions 12-11 Definitions 12-1 Fees for services 11/2-12.14 Hours and seasons of use for parks and playgrounds 12-2(b) Lawns,grass,sidewalks,etc. Mutilating or destroying property,etc 12-8 Parking vehicles on 12-3 Library.See that title Merchandise sales restricted 12-5 Midway Recreation Center Fees for services 11/2-12.14 Parking of vehicles 12-3 Permits Activities and camping 12-2(a) Using parks,playgrounds,etc.,at times other than estab- lished hours and seasons 12-2(b) Property Removing,mutilating,etc. Generally 12-7 Trees,shrubs,fences,etc 12-8 Reward for conviction of persons damaging 2-11 Reward for conviction of persons damaging property 2-11 Roadways and paths Use of 12-4 Simmons Recreation Center Fees for services 11/2-12.14 Supp.No.23 1528 CODE INDEX PARKS,PLAYGROUNDS AND RECREATION—Cont'd. Section Softball field rental Fees for services 11/2-12.14 Special events Fees for services 11/2-12.14 Structures,erecting 12-6 Subdivision sites.See:Subdivisions Swimming pools,municipal Fees,hours of operation,general policy 11/2-12.10,12-10 Interfering with enjoyment of 8-46 Ten-K runs Fees for services 11/2-12.14 Trees,shrubs,fences,etc. Removing,breaking,mutilating 12-8 Use of parks,playgrounds,etc. Generally 12-2(a) Permits for activities and camping 12-2(a) Vehicles Parking 12-3 Use of roadways and paths 12-4 Violations, penalties 12-12 PART OWNER Owner defined re 1-3 PARTNERSHIPS Person defined re 1-3 PATROL SECURITY SERVICES. See:Private Detectives and Private Patrol Security Services PAWNBROKERS AND PRECIOUS METAL DEALERS Bonds 10-81 Business hours 10-85 Damages,recourse 10-92 Definitions 10-80 Minors,transacting business with 10-91 Pawn tickets 10-86 Pawn transactions,report to police 10-88 Pledges,regulations 10-93 Precious metals dealers(dealers in gold,silver,platinum,jewel- ry,etc.) Retention of certain crafted precious metals 10-94 Record books, contents 10-87 Alteration •••• 10-90 Records and reports 10-87 Report of sales 10-89 Sales at auction Notice . 10-83 Supp.No.23 1529 EULESS CODE PAWNBROKERS AND PRECIOUS METAL DEALERS—Cont'd. Section Required,when ------------- --- ---------- 10-82 Time of — _—_ _— 10-84 Yearly bond —_-____---_-__— 10-81 PEACE OFFICERS.See: Police Department PEDDLERS,CANVASSERS AND SOLICITORS Food peddlers Health certificate ____— — — 10-65 Itinerant vendors Business hours ________--- — 10-71 Cleanliness,wholesomeness of vehicles,products,etc. Generally ------ — —---- ----------------- 10-67 Misrepresentations 10-67 Definitions 10-60 Exemptions Commercial travelers, judicial sales 10-68 Interstate commerce, registration 10-69 Health certificate for food peddlers 10-65 Hours of operation 10-71 Invitation to enter premises — 10-70 Licenses Applications 10-63 Bonds — 10-64. Fees --- — - — — - - 11-10.66,10-66 Health certificate for food peddlers 10-66 Required —__— _________________ 10-62 Terms, duration 10-66 Misrepresentations 10-67 Purpose of provisions ---------------------____—_____ 10-61 Registration, when 10-69 Violations, penalties 10-72 Merchandise sales in parks. See: Parks and Recreation Prohibited noises enumerated. See: Noises PEDESTRIANS Traffic in general.See: Traffic PELLET GUNS Definitions. See: Firearms and Weapons PENALTIES. See: Fines,Forfeitures and Penalties PERMITS. See: Licenses and Permits PERSON Defined _____________ 1-3 Supp.No.23 1530 CODE INDEX PERSONAL INJURY Section Liability of city for claims of property damage or personal injury 2-12 Self-insurance and risk management 2-130 et seq. Officers and employees.See that title PERSONNEL OF CITY. See: Officers and Employees PEST CONTROL OPERATORS Definitions ________—__ _ 10-100 Exemptions ____—_____ 10-104 Licenses Applications —_—___ — 10-102 Bond requirements _ __—_ 10-102 Definitions __________—_ 10-100 Exemptions 10-104 Expiration and renewal 10-103 Fees ------------- ------ — __ 10-103 Insurance ___—__-- — 10-102 Issuance __—_____-----___--- 10-103 Required ______________________ 10-101 Revocation or suspension Appeals ---- -- 10-106 Authorization, grounds 10-105 Transferability 10-103 Poison Notice of intended use, etc. __-- 10-107 PHONOGRAPHS Prohibited noises enumerated. See: Noises PHOTOGRAPHY Obscene publications. See: Indecency and Obscenity PINBALL MACHINES Coin-operated machines and devices. See that title PISTOLS Discharge of firearms. See:Firearms and Weapons PLANNING COMMISSION Created — --_ 2-1 Membership —___--_ 2-1 Organization 2-2 Powers and general duties _____— - -- -- 2-3 Subdivisions.See that title PLAYGROUNDS.See:Parks,Playgrounds and Recreation Supp.No.23 1530.1 EULESS CODE PLUMBING AND GAS FITTING Section Code Adopted 4-120 Building codes adopted. See: Buildings Penalty 4-120 Swimming pools. See that title Utility facilities, extending without authority. See: Streets and Sidewalks Water and sewers. See that title POISON Pest control operators using. See: Pest Control Oper- ators POLES AND WIRES Electrical code. See: Electricity Extending utility facilities without authority. See: Streets and Sidewalks Moving building arrangements. See: Buildings Signs and billboards. See that title Subdivision improvements. See: Subdivisions POLICE DEPARTMENT Arrests i`•••\ Authority of fire marshal. See: Fire Marshal Authorized emergency vehicles. See: Traffic Chief of police Definitions 1-3 Fire marshal. See that title Mutual law enforcement assistance Assignment of city police authorized 2-4 Other police officers as city police when assigned 2-5 Prerequisites of office continue for city police, etc. 2-6 Reimbursement to other governmental body 2-7 Private detectives and private patrol security services. See that title Traffic regulations. See: Traffic POLLUTION Air pollution control. See that title Wastewater collection and treatment 16-40 et seq. Water and sewers.See that title POOLROOMS AND BILLIARD PARLORS Church, school or hospital Proximity to 10-21 Definitions _ 10-20 Gambling in 10-24 Hours of operation 10-22 Supp.No.23 1530.2 CODE INDEX POOLROOMS AND BILLIARD PARLORS—Cont'd. Section Licenses Appeals 10-39 Revocation and suspension 10-40 Applications 10-31 Display _ 10-37 Fees 11/2-10.34,10-34 Proration 10-35 Inspection and approval of premises, etc. 10-33 Issuance ___ 10-36 Appeals __. 10-39 Limitation on number of tables 10-38 Misrepresentations 10-32 Moral character of licensee 10-32 Refusal, appeals 10-39 Required _ 10-30 Revocation and suspension 10-40 Term, duration 10-35 Minors restricted 10-23 Prostitutes and vagrants in 10-25 PORNOGRAPHY Obscene publications. See: Indecency and Obscenity POULTRY Fowl at large. See: Animals and Fowl PRECEDING,FOLLOWING Terms defined 1-3 PRECIOUS METALS DEALERS (Dealers in gold,silver,plati- num,jewelry,etc.) Occupational license regulations 10-80 et seq. Pawnbrokers and precious metals dealers.See that title PRISONS AND PRISONERS General penalty for violations of code. See: Code of Ordinances PRIVATE DETECTIVES AND PRIVATE PATROL SECURITY SERVICES Definitions 10-115 Impersonation of peace officer ___.. 10-127 Licenses Appeals from denial 10-123 Applications Action on 10-122 Conditions for issuance _ 10-121 Supp.No.23 1530.3 EULESS CODE PRIVATE DETECTIVES AND PRIVATE PATROL SECURITY SERVICES—Cont'd. Section Fees — 10-124 Required 10-117 Suspension or revocation — 10-125 Terms — 10-125 Transferability 10-125 Penalty for violations ___ 10-128 Registration Application _ ___— 10-118 Supp.No.23 1530.4 CODE INDEX RECREATION. See: Parks and Recreation Section REFUSE Wholesale accumulations,etc.See: Garbage and Trash REGIONAL ZONING BOARD Airport zoning board. See that title RESTAURANTS Eating and drinking establishments 8-59 et seq. Eating and drinking establishments.See that title Regulation of smoking 8-115 et seq. Smoking,regulation of.See that title Wholesale accumulations of refuse.See:Garbage and Trash RETAIL FOOD STORES Regulations 8-100 et seq. Food and food service establishments.See that title REWARDS Arson reward. See: Fire Prevention RIFLES, REVOLVERS,ETC. Discharge of firearms. See: Firearms and Weapons RIGHT-OF-WAY Street defined re 1-3 Streets in general. See: Streets and Sidewalks Subdivision utility easements,etc. See: Subdivisions RIOTS Unlawful assemblies. See:Assemblies RODENT CONTROL Pest control operators. See that title RULES OF CONSTRUCTION General definitions for interpreting code 1-3 S SAFETY ZONES Traffic regulations. See:Traffic SANITATION. See: Health and Sanitation SATELLITE TELEVISION RECEPTION DISHES Permit fees 11/2-4.150(b),4-150 SATURDAY Sale restrictions.See:Licenses and Permits Supp.No.23 1532.1 EULESS CODE SAUNA BATHS Section Massage parlors and massage establishments.See that title SCHOOLS Alcoholic beverage establishments Proximity of to schools,churches,etc.See:Alcoholic Beverages Poolroom proximity.See:Poolrooms and Billiard Parlors Prohibited noises enumerated.See:Noises Subdivision sites.See:Subdivisions SCREENING Fences and obstructions 4-132 et seq. Fences,walls,hedges and enclosures.See that title SECONDHAND DEALERS Pawnbrokers.See that title SECURITY SERVICES Private detectives and private patrol security services. See that title SEERS Vagrancy provisions applicable to.See:Vagrancy SERVICE STATIONS Driving through. See: Traffic Transportation, handling of volatiles, etc. See: Fire Prevention SEVERABILITY OF PARTS OF CODE Effect,other matters regarding code construction. See: Code of Ordinances SEWERS. See: Waters and Sewers SEX LITERATURE Obscene publications.See:Indecency and Obscenity SHEEP Running at large. See:Animals and Fowl SHOT GUNS Discharge of firearms. See: Firearms and Weapons SHOUTING,HOOTING AND YELLING Prohibited noises enumerated.See:Noises SIDEWALK SALES. See: Occasional and Garage Sales SIDEWALKS.See: Streets and Sidewalks SIGNATURE OR SUBSCRIPTION Definitions _ 1-8 Supp.No.23 1532.2 CODE INDEX Section �� SIGNS AND BILLBOARDS Appeals —_ 4-49 Billboards Proximity to structures and thoroughfares 4-62 Building code and amendments. See:Buildings Definitions _____ 4-40 Electrical signs Conformance with electrical code 4-57 Safety factors ___--__ 4-68 Exceptions to provisions - 4-47 Fastening or anchoring ___-___- 4-54 Improper fasteners __-__ 4-55 Fire hydrants,traffic lights,fire alarm box Locations prohibited 4-51 Hazardous locations - 4-51 Improper fasteners - 4-55 Locations prohibited _-__-__-- -- 4-59 Nonconforming signs — ------- - 4-48 Obstructions Signs as --- -- ---- - 4-60 Official traffic signs,devices.See:Traffic 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 ----------- 11/2-4.44,4-44 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 ___________-- - 4-66 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 ____._____________--------------- 4-61 Violations, penalties -- - 4-50 Supp.No.23 1533 EULESS CODE SLAUGHTERHOUSES Section 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 hoard for social concerns.See that title SOLICITORS Peddlers,canvassers and solicitors.See that title SOUND AMPLIFIERS 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 Supp.No.23 1534 CODE INDEX STREETS AND SIDEWALKS—Cont'd. Section Emergency situations 13-30 Permit Application 13-23 Approval or disapproval of application 13-27 Fee 11-13.24,13-24 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 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 Supp.No.23 1535 EULESS CODE �•••••\ STROLLERS OR WANDERERS Section Vagrancy provisions applicable to.See:Vagrancy SUBDIVISIONS(Appendix B) Aircraft exposure zone 26 Alleys Improvements 39 Applicability 6 Block Length of 38 Building lines Improvements.See within this title that subject Check list of developer 5 Corrected plat;submittal requirements 25 Curb Height of curb where water directed 108 Curb radii.See within this title:Improvements Dead-end streets 37 Definitions 6 Design standards Storm water design standards. See within this title that subject Developers Check list 5 Fees 11/2-B.7,7 Requirements,other.See elsewhere herein specific subjects Ditches and channels,open 109 Easements,utilities 40 Drainage structures in new subdivisions 110 Fees 1' -B.7,7 Final plats Approval by sections 20 Expiration of approval 19 Information required 18 Plats in general.See within this title:Plats Refusal of approval of inadequate utilities 21 Subdivision,scale,details 17 Flood damage prevention.See that title Flooded lands 45 Improvements.See within this title that subject Future streets 36 Improvements Alleys and easements 12,39 Block length 38 Building lines 44 Collector streets 33 Curb radii 41 Dead-end streets 37 Supp.No.23 1536 CODE INDEX SUBDIVISIONS (Appendix B)—Cont'd. Section Flooding 45 Future streets . 36 General conformance 30 Lot dimensions 42 Major thoroughfares __ _ 83 Parks, schools and playgrounds 46 Required and optional improvements Alleys and easements .... 12 Compliance by applicant _ ____ ____ _____ 9 Sidewalks _____— 11 Street signs, tentative, 10 Streets, curbs, gutters, pavement, etc 10 Side lot lines ________________—___ ____________— 43 Sidewalks 11 Specifications—A 48 Specifications—B — 49 Specifications—C 50 Specifications—D ___—___—______ —__________ 51 Storm sewers 13 Street connections with adjacent subdivisions ____ 35 Street design, generally __________________—________ 32 Street right-of-way and pavement widths ___ _ 34 Utility easements _____--__________ 40 Variations and modifications —_____ 31 Water and sewers 47 Land subject to flooding _______ 45 Lots Improvements. See within this title that subject Open ditches and channels 109 Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code Parks,schools and reservations Sites required _________—_____—________________________ 46 Pavement Improvements.See within this title that subject Planning commission Advising and cooperating, as to -- 3 Consultation with ____________— —________— 4 Judge of application of rules ________— ___ 3 Recommending and prescribing regulations __________ 2 Plats Conformance of plat approval application ______—_____ 8 Corrected plat.See within this title that subject Final plats.See within this title that subject Supp.No.23 1537 EULESS CODE SUBDIVISIONS (Appendix B)—Cont'd. Section Preliminary plats.See hereinbelow that subject Replat.See within this title that subject Surveys,maps and plats.See also that title Playground sites 46 Preliminary plats Effect of approval, expiration 16 Information required 15 Plats in general. See within this title: Plats Submitting, scale 14 Public improvements. See within this title: Improve- ments Purpose of provisions 1 Replat Procedures for approval 24' Submittal requirements 23 Required improvements. See within this title: Im- provements Sewers. See within this title: Water and Sewers Side lot lines. See within this title: Improvements Sidewalks Improvements. See within this title that subject Storm sewers Improvements. See within this title that subject Storm water design standards Bridges 111 Storm drains 111 Catch basins 104 Curb height 101 Ditches and channels 109 Drainage features and policies • 103 Offsite drainage 112 Easements, etc., for drainage structures 110 Height of curb where water directed 108 Maximum water depth 102 Method of measuring 100 Offsite drainage 112 Street grades 105 Valley gutters 106 Water dumped from street into watercourse 107 Street grades, storm drainage 105 Streets Improvements. See within this title that subject Taxes,assessments,etc. Payment required before approval of subdivision 22 Utility easements 40 Supp.No.23 1538 CODE INDEX SUBDIVISIONS (Appendix B)—Cont'd. Section Utilities Refusal of plat approval for inadequate utilities 21 Water and sewers Improvements. See within this title that subject Water carryoff. See within this title: Storm Water Design Standards Water dumped from street into watercourse 107 SUNDAYS Sale restrictions. See: Licenses and Permits SUPPLEMENTS Supplementation of code. See: Code of Ordinances SURVEYS, MAPS AND PLATS Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code Subdivision plats. See: Subdivisions SWEAR OR SWORN. See: Oath, Affirmation, Swear or Sworn SWIMMING POOLS Bathers with communicable diseases 8-44 Construction permit and approval 8-41 Building permits in general. See: Buildings Definitions 8-40 Disease control 8-44 Enclosures 4-133(i),8-42 Fences,walls,hedges and enclosures.See also that title Indecent exposure.See:Indecency and Obscenity Municipal swimming pools Fees 11-12.10, 12-10 Hours of operation,general policy 12-10 Interfering with enjoyment of 8-46 Safety of bathers 8-43 Sanitation of premises 8-45 State department of health Compliance with requirements 8-48 Unhealthful practices,conduct 8-44 Unnecessary noise 8-47 SWINE Livestock at large.See:Animals and Fowl T TARRANT COUNTY. See: County Supp.No.23 1539 EULESS CODE TAXATION Section, Ad valorem taxation Delinquent taxes;interest and penalties 5-5 Homestead exemptions Persons sixty-five years of age or over Applications for 5-2,5-3 Exclusions 5-4 Granted 5-1 Residential exemption for all property 5-6 Interest and penalties 5-5 Bingo tax Comptroller of public accounts authorized to be agent of city . 5-33 Imposed 5-31 Penalty for violation 5-34 State law adopted by reference 5-32 Homestead exemption. See within this title: Ad Valorem Taxation Hotel(motel and other transient lodging)occupancy tax Collection 5-23 Definitions 5-21 Enforcement 5-25 Levy;rate;exemptions 5-22 r� Reports 5-24 Violation;penalty 5-26 Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordi- nance of the code State law adopted;additional penalty on delinquent taxes 5-01 Telecommunications services tax General provisions 5-45 Offset to or reduction in amount payable by providers of services Tax not to serve as 5-46 TAXICABS.See:Vehicles for Hire(taxicabs,etc.) TELECOMMUNICATIONS Telecommunications services tax 5-45 et seq. Taxation.See that title TELEVISION Cable television.See that title Satellite television reception dishes Fees 11/2-4.150(b),4-150 TENANT IN COMMON,PARTNERSHIP,ETC. Owner defined re 1-3 TENSE Word usage for interpreting code 1-3 Supp.No.23 1540 CODE INDEX TEXAS,STATE OF.See:State Section THEFT Water and sewers.See also that title Theft of city services. 16-3 THOROUGHFARES Proximity to signs.See:Signs and Billboards TIME Computation of time for interpreting code 1-3 Official time standard designated 1-3 Official time standards for traffic purposes.See:Traffic TOBACCO • Regulation of smoking 8-115 et seq. Smoking,regulation of.See that title TOW TRUCKS.See:Vehicles for Hire(wreckers and tow trucks) TRADES AND CALLINGS Licenses and permits.See that title TRAFFIC Abandoned vehicles. See: Abandoned, Derelict, Lost Personal Property Accidents Bullet-struck vehicles, reporting —_________ _ 14-38 Damage to vehicle, involving ____ 14-35 Driver Duty to stop, etc. 14-35 et seq. Fixtures on highways, striking ___ __ 14-37 Garages to keep records and reports 14-38 Interference by driver of wrecker trucks 14-34 Moving of velicles Prohibited,exceptions____ _____— 14-33 Negligent collisions _ ______._ 14-39 Officers other than city and state employees 14-32 Reports Driver and witnesses _ _ _... 14-30 Occupants -------------------------------------------__ - 14-31 Unattended vehicle, striking _______ ___ __ 14-36 Vehicles for hire (ambulances). See that title Wrecker trucks Interference by driver of 14-34 Vehicles for hire (wrecker and tow trucks). See that title Additional or special regulations _. 14-2 Supp.No.23 1541 EULESS CODE TRAFFIC—Cont'd. Section Advertising Unauthorized signals or markings. See within this title: Traffic-control Signs, Signals and Devices Vehicle display 14-99 Alleys Parking restrictions. See within this title: Parking, Stopping and Standing Vehicle emerging from _______._.__ .____—_ 14-89 Supp.No.23 1542 CODE INDEX VEGETABLES AND FRUITS Section Food peddlers. See: Peddlers, Canvassers and Solicitors VEHICLES FOR HIRE (Ambulances) Charges, payment 15-4 Definitions 15-1 Emergency ambulance service, defined 15-1 Funeral home or undertaker, defined 15-1 Permits Applications _ 15-3 Charges,payment,fees 11/2-15.4,15-4 Period 15-2 Required 15-2 VEHICLES FOR HIRE (Taxicabs,etc.) Applicability . 15-21 Certificate of public convenience and necessity Applications 15-23 Cancellation 15-27 Denial 15-25 Driver's permit. See within this title that subject Factors considered re issuance 15-24 Fee 1 1-15.29 Investigation of applicant 15-24 Issuance 15-25 Factors considered 15-24 Licenses. See within this title that subject Required 15-22 Substituting and adding vehicles 15-26 Transfer 15-26 Use of vehicle without 15-35 Condition of vehicle 15-32 Definitions 15-20 Driver's permit Application 15-30 Driver to display license and permit 15-31 Required 15-30 Term 15-30 Holding out vehicles as taxicab without authority 15-35 Licenses Certificate of public convenience and necessity.See within this title that subject Driver's permit.See within this title that subject Required 15-22,15-28 Use of taxicab without authority 15-35 Patronage,soliciting,etc. 15-34 Penalties 15-37 Supp.No.23 1555 EULESS CODE VEHICLES FOR HIRE(Taxicabs,etc.)—Cont'd. Section Permits Driver's permit.See within this title that subject Soliciting 15-34 Street rentals 15-29 Fees 11-15.29,15-29 Street,waiting on 15-33 Trip records 15-36 Vehicle condition 15-32 Waiting on streets 15-33 VEHICLES FOR HIRE(Wreckers and tow trucks) Accidents City employees required to make no recommendations 15-56 No wrecker at scene unless called by police 15-54 Soliciting business at 15-55 Business,soliciting 15-55 No recommendation by city employees 15-56 Permits Application requirements 15-46 Display 15-45(c) Expiration 15-45(b) Fees 11/2-15.45(b), 15-45(b) Issuance 15-48 Required 15-45 Revocation 15-49 Scope 15-45(a) Service required of wrecker operators 15-53 Transferability 15-45(b) Vehicle requirements 15-48 Police pull form Abandoned vehicles 15-52 Completing where vehicle driver present 15-51 Determination of necessity,etc. 15-51 Required service 15-53 Solicitation of wrecker business 15-55 Traffic accident regulations.See:Traffic Vehicle requirements 15-48 Wrecker pull form 15-50 VENDING MACHINES Coin-operated machines and devices.See that title VENDORS Peddlers,canvassers and solicitors.See that title VERMIN Pest control operators.See that title VIADUCTS Traffic regulations.See:Traffic Supp.No.23 1556 CODE INDEX VIOLATIONS Section General penalties for violations of code.See:Code of Ordinances Offenses.See that title VOLATILES Transportation,handling,etc.See:Fire Prevention W WAGERING Bookmaking.See that title WALLS.See:Fences,Walls,Hedges and Enclosures WANDERERS OR STROLLERS Vagrancy provisions applicable to.See:Vagrancy WARDENS Animal warden.See:Animals and Fowl WATCHMEN Private detectives and special officers.See that title WATER AND SEWERS Billing.See within this title:Fees,Rates and Charges Charges.See within this title:Fees,Rates and Charges Connections Fees 11/2-16.21,16-21 Service connections 16-5 Delinquency.See within this title:Fees,Rates and Charges Emergency powers of mayor 16-4 Falsifying information 16-10(b) Fees,rates and charges Billing 16-6 Connection fees 11-16.21,16-21 Delinquency and service discontinuance 16-7 Industrial cost recovery 16-26 Location changes 16-2 Miscellaneous fees 11/2-20 Monitored group class 11/2-16.25, 16-25 Purpose 16-20 Reconnection of service 11-16.24,16-24 Schedule of monthly rates 11/2-16.23,16-23 Wastewater collection and treatment 16-40(c) Water deposits 11/2-16.22, 16-22 Flood damage prevention.See that title Industrial cost recovery 16-26 Location changes 16-2 Mayor's emergency power 16-4 Supp.No.23 1557 • EULESS CODE WATER AND SEWERS—Cont'd. Section Meters Water metering or wastewater metering required 16-9 Penalty;costs 16-10 Permits Wastewater discharge permits. See within this title:Waste- water Collection and Treatment Rates and charges.See within this title:Fees,Rates and Charges Rules,regulations,policies and procedures 16-1 Service connections 16-5 Sewage service Outside city limits 16-8 Wastewater collection and treatment. See within this title that subject Subdivision improvements.See:SUBDIVISIONS Swimming pools.See that title Theft of city services 16-3 Utilities.See also that title Extensions of facilities without authority 13-2 Streets and sidewalks.See also that title Wastewater collection and treatment Abbreviations 16.42 Accidental discharges 16-61 Application of provisions 16-40(d) City's right of revision 16-59 Confidential information 16-75 Definitions 16-41 Direct and indirect contributors Provisions for 16-40(c) Discharge prohibitions General 16-55 Excessive discharge 16-60 Federal categorical pretreatment standards 16-66 Modification 16-57 Fees Setting 16-40(c) Harmful contributions 16-76 Inspection and sampling 16-73 Legal action 16-80 Metering required 16-9 Monitoring and enforcement Authorization 16-40(c) Monitoring facilities 16-72 Objectives 16.40(b) Permits.See within this subtitle:Wastewater Discharge Permits Pretreatment 16-74 Purpose and policy 16-40(a) Supp.No.23 1558 CODE INDEX WATER AND SEWERS—Cont'd. Section Reporting requirements for permittee 16-71 Show cause hearing 16-79 State requirements 16-58 Violations Notification 16-78 Wastewater discharge permits Application;fee;required information 16-70(c) Conditions 16-70(e) Discharge without permit prohibited 16-70(a) Duration 16-70(f) Modifications 16-70(d) Reporting requirements for permittee 16-71 Required 16-70(b) Revocation 16-77 Transfer 16-70(g) Water supply and distribution Deposits,fees 11-16.22, 16-22 Metering required 16-9 WATERCOURSES Subdivision drainage.See:Subdivisions WEAPONS.See;Firearms and weapons WEEDS AND BRUSH Abatement of nuisances.See within this title:Nuisances Administrative fee 7-29 Compliance required 7-31 Duty to keep property clear 7-27 Failure to comply Abatement of nuisances.See within this title:Nuisances Maximum height 7-27 Nuisances Abatement of nuisances Collection of abatement costs 11-7.29,7-29 Compliance required 7-31 Failure to comply;notification 7-28 Compliance required 7-31 Declared 7-26 Presumption of public nuisance 7-27 Person,defined 7-25 Public nuisances.See within this title:Nuisances Violations,penalty 7-30 Fire prevention code,etc.See:Fire Prevention Littering,other regulations re.See:Garbage and Trash WEIGHTS AND MEASURES Itinerant vendors,misrepresentations of.See:Peddlers,Canvass- ers and Solicitors Supp.No.23 1559 EULESS CODE WELFARE Section Vagrancy provisions applicable to.See:Vagrancy WHISTLES Prohibited noises enumerated.See:Noises WORDS AND PHRASES General definitions and rules of construction 1-3 WRECKERS.See:Vehicles for Hire(Wreckers and tow trucks) WRITS,WARRANTS AND OTHER PROCESSES Air pollution control enforcement provisions. See: Air Pollu- tion Control Electrical inspector,hindering,power of arrest,etc.See:Electricity Fire marshal authority.See:Fire Marshal WRITTEN OR IN WRITING Definitions 1-3 Y YEAR Defined 1-3 YELLING,SHOUTING AND HOOTING Prohibited noises enumerated.See:Noises Z ZIP GUN Defined.See:Firearms and Weapons ZONING Air pollution control.See that title Aircraft exposure zone Subdivisions(Appendix B).See that title Airport zoning board.See that title Building code.See:Buildings Categorical zoning and specific use permits Fees 11-A Church,school,hospitals Poolrooms proximity.See:Poolrooms and Billiard Parlors Fire prevention provisions re location of establishment, etc. See:Fire Prevention Garage sales.See:Occasional and Garage Sales Generally Appendix A(notes) Occasional and garage sales.See that title Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordi- nance of this code Supp.No.23 1560 CODE INDEX ZONING—Cont'd. Section Planned development and community unit development Categorical zoning and specific use permits Fees 11/2-A Planning and zoning commission.See that title Poolrooms and billiard parlors.See that title Signs and billboards.See that title Special exception to masonry veneer requirements Categorical zoning and specific use permits Fees 11-A Storage of inflammables,etc.See:Fire Prevention Swimming pools and swimming pool enclosures. See: Swim- ming Pools Zoning board of adjustment variance request Categorical zoning and specific use permits Fees 11/2-A Supp.No.23 1561