Hawk Cove:Title 10

TITLE 10 – GENERAL POLICE REGULATIONS

CHAPTER 10.01 – ANIMAL AND LIVESTOCK CONTROL

Historical Notes

This chapter was originally adopted as Ordinance 100-2 and was repealed and replaced by Ordinance 06-110. Ordinance 06-110-1 subsequently amended the chapter to establish Private Kennel and Multi-Pet permitting requirements.

(Ord. 100-2, Nov. 22, 1999; Ord. 06-110, Jan. 13, 2011; Ord. 06-110-1, Feb. 12, 2019)

ARTICLE A. GENERAL PROVISIONS

§ 10.01.001 – Definitions

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them unless the context clearly indicates otherwise.

(a) Animal means any living creature including, but not limited to, dogs, cats, cows, horses, birds, fish, mammals, reptiles, insects, fowl, and livestock, but specifically excluding human beings.

(b) At large means an animal that is not confined to the premises of its owner by a containment device of sufficient strength and height to prevent escape and arranged so that the animal remains upon the premises when any tether is extended to its full length.

(1) An animal shall not be deemed at large when restrained and controlled by a person through use of a leash or chain of sufficient strength and length to control the animal.

(2) An animal shall not be deemed at large while confined within a vehicle.

(c) Cat means a member of the feline species of any age or sex.

(d) Commercial kennel means any business or establishment, whether operated separately or in conjunction with another business, that keeps, boards, sells, shows, or trains dogs or cats for profit.

(e) Dog means a member of the canine species of any age or sex.

(f) Fowl means turkey, pheasant, quail, goose, duck, or similar feathered animals, excluding chickens.

(g) Livestock means horses, mules, donkeys, cattle, goats, sheep, and swine, regardless of age, sex, or breed.

(h) Multi-pet premises means any premises containing more than four sterilized dogs, more than four sterilized cats, or any combination of more than six sterilized dogs and cats over four months of age.

(i) Nuisance means any condition or animal which is injurious to health or morals, offensive to the senses, or interferes with the comfortable enjoyment of life or property.

(j) Owner means any person having legal or equitable title to an animal, harboring or keeping an animal, or permitting an animal to remain upon premises under that person’s control.

(k) Private kennel means any premises containing more than three dogs or three cats, or any combination of more than five dogs and cats over four months of age, including one or more unsterilized animals.

(l) Public nuisance animal means any animal which unreasonably annoys humans, endangers life or health, or substantially interferes with the rights of others.

(1) The term includes an animal that repeatedly runs at large.

(2) The term includes an animal that damages property belonging to another person.

(3) The term includes an animal that molests, intimidates, or chases pedestrians or vehicles.

(4) The term includes an animal that repeatedly barks, howls, whines, crows, bawls, or otherwise creates unreasonable noise.

(5) The term includes an animal causing offensive odors or unsanitary conditions.

(6) The term includes an animal attacking domesticated animals.

(Ord. 06-110, Jan 13, 2011; Ord. 06-110-1, Feb 12, 2019)

§ 10.01.002 – Public Nuisances Prohibited

(a) No person shall keep or harbor any animal that creates unreasonable disturbances to neighboring persons or property.

(b) No person shall maintain animals or fowl in a manner creating obnoxious odors, insect infestations, or unsanitary conditions.

(c) No person shall maintain any animal that repeatedly trespasses upon or damages public or private property.

(d) No animal owner shall permit an animal to attack another domesticated animal.

(e) Except as otherwise permitted under this chapter, no residence shall maintain more than three dogs.

(Ord. 06-110, Jan 13, 2011)

§ 10.01.003 – Animals Running at Large

(a) It shall be unlawful for any owner to permit a dog to run at large within the city.

(b) Dogs shall be confined by one or more of the following methods:

(1) A fully enclosed fenced yard sufficient to prevent escape;

(2) A kennel enclosure measuring not less than six feet by twelve feet with secure chain-link fencing and gate; or

(3) A cable run preventing the animal from coming within six feet of a street or neighboring property line.

(c) Tethered dogs shall wear leather collars. Chains directly around the neck are prohibited.

(d) Food and potable water shall be continuously available for all confined animals.

(Ord. 06-110, Jan 13, 2011)

§ 10.01.004 – Feeding Stray Animals Prohibited

(a) No person shall intentionally feed stray animals within the city limits.

(b) This section shall not prohibit feeding conducted solely for humane trapping and removal purposes.

(Ord. 06-110, Jan 13, 2011)

ARTICLE B. FOWL AND LIVESTOCK REGULATIONS

§ 10.01.020 – Livestock Prohibited

(a) No person shall keep or maintain livestock within the city limits.

(b) Prohibited livestock includes horses, mules, donkeys, cattle, goats, sheep, and swine.

(Ord. 06-110, Jan 13, 2011)

§ 10.01.021 – Fowl Restrictions

(a) No person shall keep or maintain fowl within the city limits except as specifically permitted by this section.

(b) Chickens shall be permitted subject to the following restrictions:

(1) No more than twelve chickens shall be maintained per residence.

(2) One rooster shall be permitted per residence.

(3) Chickens shall not run at large.

(4) Chickens shall be maintained within an enclosure not exceeding twelve feet by twenty feet.

(5) An enclosed shelter shall be provided for protection from heat and cold.

(Ord. 06-110, Jan 13, 2011)

ARTICLE C. DOG REGISTRATION

§ 10.01.040 – Registration Required

(a) All dogs maintained within the city shall be registered with the city.

(b) Registration shall be completed through forms provided by City Hall.

(c) No registration fee shall be charged unless otherwise established by ordinance or fee schedule.

(d) Registrations are nontransferable.

(e) A dog owner obtaining a new animal shall register the animal upon acquisition.

(f) Any residence lawfully grandfathered with more than three dogs prior to adoption of the three-dog limitation shall not replace animals once removed from the residence.

(Ord. 06-110, Jan 13, 2011)

§ 10.01.041 – Dog Breeder Fees

(a) Any resident breeding dogs for profit shall pay an annual breeder fee of $25 per breed.

(b) Fees shall be paid annually at City Hall.

(c) Proof of payment shall be maintained and produced upon request of code enforcement personnel.

(Ord. 06-110, Jan 13, 2011)

ARTICLE D. MULTI-PET PERMITS AND PRIVATE KENNELS

§ 10.01.060 – Permit Required

(a) No person shall operate or maintain a private kennel or multi-pet premise without first obtaining the applicable permit.

(b) No commercial kennel permit shall be issued within the city.

(c) Permits shall be reviewed and approved by the Ordinance Compliance Officer.

(d) Permits shall be renewed annually.

(e) Permit holders shall allow reasonable inspections by the city.

(Ord. 06-110-1, Feb 12, 2019)

§ 10.01.061 – Application Requirements

(a) Applications shall include:

(1) Applicant name, address, and telephone number;

(2) Proposed location information;

(3) Description and number of animals;

(4) Site plans for kennels, runs, and enclosures;

(5) Veterinary proof of sterilization for multi-pet permits; and

(6) Any additional information required by the Ordinance Compliance Officer.

(b) Applications shall be submitted within 30 days after the premises qualifies as a private kennel or multi-pet premise.

(Ord. 06-110-1, Feb 12, 2019)

§ 10.01.062 – Fees and Terms

(a) Private Kennel Permit fees shall be:

(1) $200 for the initial permit year; and

(2) $100 for each annual renewal.

(b) Multi-Pet Permit fees shall be:

(1) $100 for the initial permit year; and

(2) $20 for each annual renewal.

(c) Permits shall remain valid for one year from issuance.

(Ord. 06-110-1, Feb 12, 2019)

§ 10.01.063 – Kennel Standards

(a) No private kennel shall maintain more than one litter at any one time.

(b) Animals shall be maintained in sanitary conditions.

(c) Enclosures shall provide adequate space and structural integrity.

(d) Animals shall receive adequate veterinary care.

(e) Animals shall receive adequate food and potable water.

(f) Outdoor animals shall receive weather-protective shelter.

(g) All animals shall be treated humanely.

(Ord. 06-110-1, Feb 12, 2019)

§ 10.01.064 – Denial, Revocation, and Appeal

(a) A permit may be denied or revoked for:

(1) Failure to comply with permit conditions;

(2) Failing inspection;

(3) Noise disturbances or public nuisance violations;

(4) Falsification of application information; or

(5) Multiple ordinance violations or animal cruelty convictions.

(b) Written notice of denial or revocation shall be sent by certified mail.

(c) Appeals shall be filed within ten days after mailing of notice.

(d) Appeals shall be heard by the Municipal Judge.

(e) The decision of the Municipal Judge shall be final.

(Ord. 06-110-1, Feb 12, 2019)

§ 10.01.065 – Exemptions

This article shall not apply to:

(a) Uses otherwise regulated by the City's zoning regulations;

(b) Animals owned or possessed by nonresidents traveling through or temporarily staying within the City for a period not exceeding thirty (30) days;

(c) Animals maintained for teaching or research purposes by a medical school, veterinary school, licensed hospital, university, or college;

(d) Animals maintained for medical observation or treatment within a veterinary hospital; or

(e) Animals owned by persons who have resided within the City for thirty (30) days or less.

(Ord. 06-110-1, Feb. 12, 2019)

§ 10.01.066 – Inspection Authority

(a) The Ordinance Compliance Officer may inspect any Private Kennel or Multi-Pet Premise at reasonable times.

(b) Inspections may be conducted as part of permit review, permit renewal, or investigation of complaints.

(Ord. 06-110-1, Feb. 12, 2019)

§ 10.01.067 – Permit Nontransferability

Permits issued under this article are personal to the permit holder and may not be transferred to another person, entity, or location.

(Ord. 06-110-1, Feb. 12, 2019)

§ 10.01.068 – Reapplication Following Denial or Revocation

If a permit application is denied or a permit is revoked, no new permit application shall be accepted from the same person or for the same location for six (6) months following the denial or revocation.

(Ord. 06-110-1, Feb. 12, 2019)

§ 10.01.069 – Compliance Following Denial or Revocation

Upon denial or revocation of a permit, the applicant or permit holder shall have ten (10) days to:

(a) Remove excess animals;

(b) Correct violations; or

(c) File an appeal as authorized by this article.

(Ord. 06-110-1, Feb. 12, 2019)

ARTICLE E. ENFORCEMENT

§ 10.01.080 – Penalties

(a) A person commits an offense if the person violates any provision of this chapter.

(b) Unless otherwise specifically provided, each violation shall constitute a Class C misdemeanor.

(c) Each day a violation exists shall constitute a separate offense.

(d) Violations of Ordinance 06-110 may be punished by a fine not exceeding $500.

(e) Violations of Ordinance 06-110-1 relating to kennel and multi-pet permitting may be punished by a fine not exceeding $2,000 where authorized by state law for public health and sanitation regulations.

(f) The city may pursue civil remedies including nuisance abatement, injunction, permit revocation, or administrative enforcement.

(Ord. 06-110, Jan 13, 2011; Ord. 06-110-1, Feb 12, 2019)

CHAPTER 10.02 – NOISE REGULATIONS

ARTICLE A. GENERAL PROVISIONS

§ 10.02.001 – Purpose

The purpose of this chapter is to prohibit loud or unreasonably loud and disturbing noises detrimental or offensive to the ordinary sensibilities of the inhabitants of the city and which interfere with the enjoyment of life, health, property, public peace, or public comfort.

(Ord. 2010-01, Apr 08, 2010)

§ 10.02.002 – Definitions

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them unless the context clearly indicates otherwise.

(a) City means the City of Hawk Cove, Texas, including employees or authorized representatives acting within the scope of official duties.

(b) Construction means site preparation, assembly, erection, substantial repair, alteration, or similar activity relating to structures, utilities, rights-of-way, or property improvements, excluding demolition.

(c) Demolition means the dismantling, destruction, or removal of structures, utilities, rights-of-way, or improvements.

(d) Device means any mechanism intended to produce or capable of producing sound or noise.

(e) Emergency vehicle means a motor vehicle responding to emergencies or protecting persons or property from imminent danger.

(f) Motor vehicle means any mechanically propelled vehicle including automobiles, buses, trucks, motorcycles, campers, off-road vehicles, dune buggies, racing vehicles, or similar devices.

(g) Noise disturbance means any sound that annoys, disturbs, or causes adverse psychological or physiological effects upon a reasonable prudent adult person, or interferes with public peace, comfort, life, or property.

(h) Non-residential district means any zoning district not classified for residential homes, apartments, or condominiums.

(i) Owner means any person exercising supervision or control over property.

(j) Power equipment means motorized electric or fuel-powered equipment including tractors, lawnmowers, and similar devices.

(k) Property means any occupied or unoccupied lot, tract, parcel, or portion thereof within the city limits.

(l) Residential district means any zoning district classified for residential homes, apartments, or condominiums.

(m) Roadway means any street, alley, sidewalk, parkway, gutter, or public thoroughfare.

All undefined terminology shall retain meanings established by applicable ANSI standards or Webster’s Collegiate Dictionary.

(Ord. 2010-01, Apr 08, 2010)

ARTICLE B. PROHIBITED NOISE DISTURBANCES

§ 10.02.020 – General Noise Disturbances Prohibited

(a) No person shall make, permit, or cause any unreasonably loud or disturbing noise that:

(1) Offends the sensibilities of a reasonable prudent adult person;

(2) Interferes with public peace or comfort; or

(3) Renders enjoyment of life or property uncomfortable.

(b) The prohibited activities listed within this article are illustrative and not exclusive.

(Ord. 2010-01, Apr 08, 2010)

§ 10.02.021 – Animal Noises

(a) No person shall own, harbor, possess, or maintain any animal or fowl that habitually or repeatedly creates noise disturbances.

(b) This section applies to private premises, kennels, shelters, and commercial animal facilities.

(Ord. 2010-01, Apr 08, 2010)

§ 10.02.022 – Sound Amplification Devices

(a) No person shall operate radios, televisions, musical instruments, loudspeakers, amplifiers, phonographs, drums, or sound reproduction devices in a residential district or within 500 feet of a residence in a manner causing a noise disturbance.

(b) No person shall operate such devices within a non-residential district in a manner causing a noise disturbance.

(c) No person shall operate sound devices for advertising, demonstrations, performances, sales promotions, or public attention purposes in a manner causing a noise disturbance.

(d) No person shall operate sound amplification devices upon vehicles for advertising or promotional purposes in a manner causing a noise disturbance.

(Ord. 2010-01, Apr 08, 2010)

§ 10.02.023 – Vehicular Sound Systems

(a) No person shall operate a vehicular sound amplification system audible at a distance greater than 30 feet from the vehicle.

(b) No person shall operate a vehicular sound system producing vibrations perceptible at a distance greater than 30 feet from the source.

(c) This section applies upon both public and private property within the city.

(Ord. 2010-01, Apr 08, 2010)

§ 10.02.024 – Vocal Disturbances

(a) No person shall yell, shout, scream, whistle, sing, cry, hoot, or otherwise create vocal disturbances causing unreasonable annoyance or discomfort.

(b) This section includes peddlers, hawkers, solicitors, and similar persons.

(Ord. 2010-01, Apr 08, 2010)

§ 10.02.025 – Loading Operations

(a) No person shall load or unload vehicles in a manner causing a noise disturbance.

(Ord. 2010-01, Apr 08, 2010)

§ 10.02.026 – Construction and Maintenance Activities

(a) Construction, demolition, maintenance, excavation, alteration, repair, or similar work shall not commence before 7:00 a.m. nor continue after 7:00 p.m.

(b) No person shall operate construction equipment within a residential district or within 500 feet of a residence in a manner causing a noise disturbance.

(c) No person shall operate gravel pits, rock crushers, or machinery associated with sand, gravel, or rock processing in a manner causing a noise disturbance.

(d) The provisions of this section apply within both residential and non-residential districts.

(Ord. 2010-01, Apr 08, 2010)

§ 10.02.027 – Power Equipment

(a) No person shall operate power equipment in a manner causing a noise disturbance.

(b) This section applies within residential and non-residential districts.

(c) Construction equipment regulated by Sec. 10.02.026 is excluded from this section.

(Ord. 2010-01, Apr 08, 2010)

§ 10.02.028 – Motor Vehicle Repair and Testing

(a) No person shall repair, rebuild, modify, or test motor vehicles or watercraft in a manner causing a noise disturbance.

(b) This section applies to residential and non-residential districts.

(Ord. 2010-01, Apr 08, 2010)

§ 10.02.029 – Loud or Defective Motor Vehicles

(a) No person shall operate a motor vehicle that:

(1) Is excessively loud due to modification or disrepair;

(2) Produces excessive grinding, rasping, or engine racing noises;

(3) Excessively spins tires; or

(4) Creates unnecessary noise disturbances.

(b) Motor vehicle exhaust systems shall include mufflers or effective sound suppression devices.

(Ord. 2010-01, Apr 08, 2010)

§ 10.02.030 – Explosive Devices

(a) No person shall use fireworks, explosives, firearms, or explosive sound sources in a manner causing a noise disturbance.

(b) This section does not authorize activities otherwise prohibited by city ordinance.

(c) Activities specifically authorized by law or ordinance shall be exempt when conducted in compliance with applicable regulations.

(Ord. 2010-01, Apr 08, 2010)

§ 10.02.031 – Horns and Signal Devices

(a) No person shall sound a horn or signaling device in a manner causing a noise disturbance.

(b) Horns and signaling devices may be used only:

(1) To warn pedestrians or motorists of imminent danger; or

(2) To prevent collisions.

(c) No person shall operate a horn or signal device modified to produce unusually loud or harsh sounds.

(d) No person shall sound horns or signaling devices for unreasonable durations.

(Ord. 2010-01, Apr 08, 2010)

ARTICLE C. EXEMPTIONS

§ 10.02.050 – Exempt Activities

(a) The following activities are exempt from this chapter:

(1) Emergency vehicle sirens, warning devices, storm sirens, and safety signals;

(2) Emergency public service work by police, fire, utilities, or governmental agencies;

(3) Sounds caused by natural phenomena;

(4) City-approved events conducted in parks or playgrounds; and

(5) School-sponsored athletic or entertainment activities.

(Ord. 2010-01, Apr 08, 2010)

ARTICLE D. ENFORCEMENT

§ 10.02.070 – Penalties

(a) A person commits an offense if the person violates any provision of this chapter.

(b) An offense under this chapter is a misdemeanor punishable by a fine not exceeding $500.

(c) Each day a violation continues constitutes a separate offense.

(d) Allegation and proof of a culpable mental state is not required.

(Ord. 2010-01, Apr 08, 2010)

§ 10.02.071 – Injunctive Relief

(a) The city may seek injunctive relief in addition to criminal enforcement remedies.

(b) Remedies under this section are cumulative of all other remedies authorized by law.

(Ord. 2010-01, Apr 08, 2010)

CHAPTER 10.03 – FIREWORKS REGULATIONS

§ 10.03.001 – Purpose and Intent

The City Council finds that the use, possession, storage, transportation, sale, and discharge of fireworks within the city limits creates a substantial risk of fire, personal injury, property damage, public nuisance conditions, and threats to the health, safety, and general welfare of the public. Accordingly, the city adopts this chapter pursuant to its police powers and authority under Texas law to prohibit fireworks within the corporate limits of the city.

(Ord. 02-103, May 23, 2002)

§ 10.03.002 – Definitions

For purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them unless the context clearly indicates otherwise.

(a) Fireworks means and includes any firecrackers, cannon crackers, skyrockets, torpedoes, Roman candles, sparklers, star shells, gerbs, pyrotechnic devices, explosive compounds, combustible substances, or any article or substance intended for use in obtaining visible or audible pyrotechnic display. The term includes all articles and substances commonly accepted as fireworks whether specifically enumerated herein or not.

(b) Person means any natural person, partnership, association, corporation, firm, trustee, receiver, executor, administrator, warehouseman, common carrier, private carrier, agent, employee, officer, or other legal entity.

(Ord. 02-103, May 23, 2002)

§ 10.03.003 – Fireworks Prohibited

It shall be unlawful for any person within the corporate limits of the city to:

(a) manufacture fireworks;

(b) assemble fireworks;

(c) store fireworks;

(d) transport fireworks;

(e) receive fireworks;

(f) keep fireworks;

(g) possess fireworks;

(h) sell or offer fireworks for sale;

(i) give away fireworks;

(j) possess fireworks with intent to sell, distribute, discharge, or otherwise use such fireworks;

(k) ignite, detonate, discharge, fire, or otherwise set off fireworks; or

(l) cause or permit fireworks to be discharged within the city.

(Ord. 02-103, May 23, 2002)

§ 10.03.004 – Exceptions

The provisions of this chapter shall not apply to:

(a) signal flares commonly used by boaters in distress;

(b) signal rockets or flares utilized for military, police, or emergency purposes; or

(c) public fireworks displays:

(1) conducted by a licensed pyrotechnic technician; and

(2) expressly approved in advance by the Volunteer Fire Department and any additional city officials or permits required by law.

(Ord. 02-103, May 23, 2002)

§ 10.03.005 – Fireworks Declared a Public Nuisance

The unlawful possession, storage, transportation, use, or discharge of fireworks within the jurisdiction of the city is hereby declared to be a common and public nuisance.

(a) The Chief of Police, City Marshal, or any duly authorized peace officer is authorized to seize fireworks possessed or maintained in violation of this chapter.

(b) Any seized fireworks may be safely destroyed in accordance with applicable law and public safety procedures.

(c) Any peace officer may:

(1) stop and detain the unlawful transportation of fireworks;

(2) secure or close any building or premises where fireworks are unlawfully stored; and

(3) conduct inspections where the unlawful presence of fireworks is reasonably suspected.

(d) The City Attorney is authorized to institute civil proceedings, including injunctive relief, to prevent or restrain violations of this chapter.

(e) The remedies provided by this chapter are cumulative and are in addition to any criminal penalties authorized by law.

(Ord. 02-103, May 23, 2002)

§ 10.03.006 – Enforcement Authority

This chapter may be enforced by:

(a) the Chief of Police;

(b) the City Marshal;

(c) any duly commissioned peace officer; or

(d) any other city official authorized by law or ordinance.

(Ord. 02-103, May 23, 2002)

§ 10.03.007 – Offense; Penalty

A person commits an offense if the person violates any provision of this chapter.

(a) An offense under this chapter is punishable by a fine not to exceed two hundred dollars ($200.00).

(b) Each day a violation exists or continues constitutes a separate offense.

(c) Proof of a culpable mental state is not required unless otherwise required by state law.

(Ord. 02-103, May 23, 2002)

CHAPTER 10.04 – ALCOHOL REGULATIONS

§ 10.04.001 – Purpose

The purpose of this chapter is to protect the public health, safety, and welfare by regulating the possession and consumption of alcoholic beverages upon public property and roadways within the city.

(Ord. 2011-03, Jul 14, 2011)

§ 10.04.002 – Definitions

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them unless the context clearly indicates otherwise.

(a) Alcoholic beverage means alcohol, or any beverage containing more than one-half of one percent (0.5%) alcohol by volume, capable of use for beverage purposes, either alone or when diluted.

(b) City means the City of Hawk Cove, Texas, and its authorized officers, employees, and representatives.

(c) Open container means any alcoholic beverage container that is no longer sealed.

(d) Public property means any lot, tract, parcel of land, roadway, sidewalk, alley, park, or other property owned, controlled, or maintained by a governmental entity and located within the corporate limits of the city.

(e) Roadway means any public street, alley, parkway, sidewalk, gutter, or public right-of-way within the city.

(Ord. 2011-03, Jul 14, 2011)

§ 10.04.003 – Consumption of Alcoholic Beverages on Roadways Prohibited

(a) A person commits an offense if the person consumes an alcoholic beverage upon any roadway within the city.

(b) A person commits an offense if the person possesses an open container upon any roadway within the city.

(Ord. 2011-03, Jul 14, 2011)

§ 10.04.004 – Open Containers and Consumption Near Schools

(a) A person commits an offense if the person possesses an open container or consumes an alcoholic beverage on a public street, public alley, or public sidewalk located within one thousand (1,000) feet of the property line of a public or private school, including a parochial school, providing instruction for any grade level from prekindergarten through twelfth grade.

(b) This section does not apply to possession or consumption occurring at an event:

(1) authorized by the appropriate governmental authority; and

(2) conducted in compliance with all applicable state laws and city ordinances.

(c) This chapter shall not prohibit the possession or consumption of alcoholic beverages:

(1) within private residential structures;

(2) within buildings not owned or controlled by the city; or

(3) upon properly licensed premises authorized by state law.

(d) Consumption of alcoholic beverages may be permitted within public parks; however, glass containers are prohibited.

(Ord. 2011-03, Jul 14, 2011)

§ 10.04.005 – Enforcement Authority

(a) The Chief of Police, city police officers, code enforcement officers, and any other peace officer authorized by state law may enforce the provisions of this chapter.

(b) A peace officer may arrest, without warrant, any person found committing a violation of this chapter when authorized by state law.

(Ord. 2011-03, Jul 14, 2011)

§ 10.04.006 – Penalty

(a) A person who violates any provision of this chapter commits a misdemeanor offense.

(b) Upon conviction, an offender shall be punished by a fine not to exceed five hundred dollars ($500.00).

(c) Each day a violation continues shall constitute a separate offense.

(d) Unless otherwise required by state law, allegation and proof of a culpable mental state shall not be required for conviction of an offense under this chapter.

(Ord. 2011-03, Jul 14, 2011)

§ 10.04.007 – Injunctive Relief

The city may seek injunctive relief, in addition to any criminal or civil remedy authorized by law, to enforce the provisions of this chapter.

(Ord. 2011-03, Jul 14, 2011)

CHAPTER 10.05 – VEHICLE AND PARKING REGULATIONS

Historical Notes

This chapter was adopted by Ordinance 100-10 and repealed and replaced prior vehicle and parking regulations adopted by Ordinance 100-10 (Sept. 29, 2000), Ordinance 06-108, and Ordinance 2010-02.

(Ord. 100-10, Jul. 9, 2018)

§ 10.05.001 – Purpose and Intent

The City Council finds that regulation of vehicle parking, commercial vehicle operations, recreational vehicle storage, and parking surface standards is necessary to protect the public health, safety, and welfare of the citizens of the city; preserve residential neighborhoods; protect public infrastructure and rights-of-way; and prevent nuisances detrimental to the public peace and welfare.

(Ord. 100-10, Jul 9, 2018)

§ 10.05.002 – Definitions

For purposes of this chapter, the following words and phrases shall have the meanings assigned to them unless the context clearly indicates otherwise.

(a) Commercial motor vehicle means any motor vehicle designed or used for the transportation of property, not including a passenger bus, passenger automobile, motorcycle, panel delivery truck, or pickup truck.

(b) Driver or operator means every person who drives or is in actual physical control of a vehicle.

(c) Hard surfaced driveway means a driveway or parking surface constructed of cement, asphalt, brick, gravel, crushed rock, or other all-weather surface approved by the city.

(d) Inoperable vehicle means any vehicle incapable of lawful or safe operation upon a public roadway, including a vehicle with expired registration, expired inspection, missing essential components, or flat tires.

(e) Junked vehicle shall have the meaning assigned elsewhere in this Code.

(f) Motor vehicle means every vehicle which is self-propelled.

(g) Parking surface standards means surfaces authorized by this chapter for lawful parking or storage of vehicles.

(h) Recreational vehicle means a motor home, camper, camper trailer, travel trailer, or similar vehicle designed for recreational or temporary living purposes.

(i) Roadway means that portion of a street or highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder.

(j) Semi-trailer means every vehicle of the trailer type designed or used in conjunction with a motor vehicle so that some part of its weight or load rests upon another motor vehicle.

(k) Stored vehicle means a vehicle parked at or near the same location for a continuous period exceeding five days.

(l) Street or highway means the entire width between the boundary lines of every publicly maintained right-of-way open to vehicular travel.

(m) Trailer means every vehicle without motive power designed or used to carry property or passengers wholly on its own structure and to be drawn by a motor vehicle.

(n) Truck-tractor means every motor vehicle designed or used primarily for drawing other vehicles.

(o) Vehicle means every mechanical device in, upon, or by which any person or property may be transported or drawn upon a public highway, excluding devices moved exclusively by human power or used exclusively upon stationary rails or tracks.

(Ord. 100-10, Jul 9, 2018)

§ 10.05.003 – Commercial Vehicle Specifications and Restrictions

(a) Except as otherwise authorized by this chapter, it shall be unlawful for any person to drive, operate, move, or cause to be operated upon any public street within the city any commercial motor vehicle contrary to the provisions of this section.

(b) No commercial motor vehicle shall exceed ninety-six (96) inches in width, including any load.

(c) No commercial motor vehicle shall exceed thirteen (13) feet six (6) inches in height, including any load.

(d) No commercial vehicle, truck-tractor, semi-trailer, or combination of such vehicles shall operate upon any public street within the city exceeding the following limitations:

(1) Total gross weight shall not exceed seventy-two thousand (72,000) pounds.

(2) No axle load shall exceed eighteen thousand (18,000) pounds.

(3) Tandem axle groups shall not exceed thirty-two thousand (32,000) pounds.

(4) Vehicles used exclusively to transport ready-mix concrete may operate with tandem axle loads not exceeding thirty-six thousand (36,000) pounds and gross loads not exceeding forty-eight thousand (48,000) pounds.

(e) The provisions of this section shall not apply to:

(1) Vehicles operating pursuant to a valid oversize or overweight permit issued under Texas law.

(2) Emergency vehicles responding to emergency calls.

(3) Vehicles operated by the police department or public works department.

(4) Vehicles specifically authorized by the Chief of Police.

(Ord. 100-10, Jul 9, 2018)

§ 10.05.004 – Parking Restrictions Generally

(a) It shall be unlawful for any person to park or store, or permit the parking or storage of, any vehicle upon any public street, alley, parkway, boulevard, public thoroughfare, or surface not meeting the parking surface standards established by this chapter for longer than four hours.

(b) No oversized commercial vehicle may be parked or stored upon any public street, alley, parkway, boulevard, railroad right-of-way, or public place within the city.

(c) This section shall not apply to:

(1) Street construction equipment.

(2) Public utility vehicles engaged in active repair or installation operations.

(3) Motor buses loading or unloading passengers.

(4) Vehicles temporarily engaged in loading or unloading freight.

(5) Vehicles disabled by mechanical failure while emergency repairs are being made.

(d) The Municipal Court may take judicial notice of owner manuals, dealer brochures, or similar literature to establish the size and weight of vehicles.

(Ord. 100-10, Jul 9, 2018)

§ 10.05.005 – Recreational Vehicles and Trailers

(a) No recreational vehicle, travel trailer, boat, boat trailer, stock trailer, or other vehicle exceeding eight and one-half (8½) feet in width, eleven and one-half (11½) feet in height, or thirty-six (36) feet in length shall be parked or stored on any public thoroughfare or private property in violation of this chapter.

(b) No recreational vehicle, travel trailer, boat, boat trailer, stock trailer, or other vehicle incapable of self-propulsion may be parked or stored upon a public thoroughfare except temporarily for loading or unloading.

(c) No automobile, truck, camper, recreational vehicle, trailer, utility trailer, boat, or similar vehicle shall be parked or stored upon any surface failing to comply with the parking surface standards established by this chapter unless fully screened from public view or covered beneath a carport.

(d) No recreational vehicle, travel trailer, camper, boat, or similar vehicle shall be connected to water, sewer, or electrical utilities except temporarily for maintenance purposes.

(e) Habitation of any recreational vehicle, travel trailer, camper, boat, or similar vehicle is prohibited within the city.

(Ord. 100-10, Jul 9, 2018)

§ 10.05.006 – Junked and Inoperable Vehicles

Junked vehicles, abandoned vehicles, inoperable vehicles, and related nuisance conditions shall be regulated in accordance with Chapter 10.06 of this Title.

(Ord. 100-10, Jul 9, 2018)

§ 10.05.007 – Parking Surface Standards

(a) It shall be unlawful for any person to park or permit the parking of any automobile, truck, motorcycle, motor home, camper, trailer, boat, or other vehicle upon any front yard, side yard, field, or unpaved surface except as authorized by this section.

(b) Vehicles may be lawfully parked only upon:

(1) A hard surfaced driveway or parking area.

(2) A gravel or crushed rock driveway.

(3) A required driveway providing access to a garage, carport, or off-street parking area.

(4) A side yard or rear yard enclosed by a screening fence at least six feet in height preventing visibility into the enclosed area.

(c) For purposes of this section, approved hard surfaces include cement, asphalt, brick, gravel, crushed rock, or other all-weather surfaces approved by the city.

(Ord. 100-10, Jul 9, 2018)

§ 10.05.008 – Public Nuisance Declared

Any vehicle parked, stored, maintained, or operated in violation of this chapter is hereby declared a public nuisance.

(Ord. 100-10, Jul 9, 2018)

§ 10.05.009 – Enforcement and Impoundment Authority

(a) Any peace officer, code enforcement officer, or other authorized city official may enforce the provisions of this chapter.

(b) Vehicles parked or maintained in violation of this chapter may be impounded, immobilized, removed, or otherwise abated as authorized by this chapter and other applicable ordinances of the city.

(c) Impoundment and storage fees shall be assessed in accordance with city procedures.

(d) If the identity of the driver cannot be determined, the registered owner of the vehicle shall constitute prima facie evidence of responsibility for the violation.

(e) Allegation or proof of a culpable mental state is not required for prosecution of an offense under this chapter.

(f) No officer, employee, or agent of the city shall be personally liable for damages resulting from acts performed in good faith pursuant to this chapter.

(Ord. 100-10, Jul 9, 2018)

§ 10.05.010 – Penalty

(a) A person commits an offense if the person violates any provision of this chapter.

(b) An offense under this chapter is a misdemeanor punishable by a fine not to exceed five hundred dollars ($500.00).

(c) Each day a violation continues shall constitute a separate offense.

(Ord. 100-10, Jul 9, 2018)

CHAPTER 10.06 – JUNKED VEHICLES

§ 10.06.001 - Purpose and Intent

The City Council finds that junked, abandoned, wrecked, dismantled, inoperable, and improperly stored motor vehicles constitute public nuisances that are detrimental to the public health, safety, and welfare; reduce property values; creates fire and safety hazards; encourage vandalism and criminal activity; and contribute to urban blight. The purpose of this chapter is to provide for the identification, regulation, abatement, removal, and disposal of junked vehicles and related nuisances in accordance with applicable law.

(Ord. 99-4, Aug. 31, 1999; supplemented by Ord. 100-10, Jul. 9, 2018)

§ 10.06.002 - Definitions

For purposes of this chapter, the following words and phrases shall have the meanings assigned to them unless the context clearly indicates otherwise.

(a) Abandoned vehicle means a vehicle abandoned as defined by Chapter 683, Texas Transportation Code, as amended.

(b) Inoperable vehicle means a vehicle incapable of lawful or safe operation upon a public roadway, including a vehicle with expired registration, flat tires, missing major components, mechanical defects, or other conditions preventing lawful operation.

(c) Junked vehicle shall have the meaning assigned by Chapter 683, Texas Transportation Code, as amended.

(d) Motor vehicle means every self-propelled vehicle designed for operation on public streets and highways.

(e) Screened from public view means concealed from ordinary public observation from any public street, public right-of-way, or adjoining property by a lawful structure, fence, enclosure, or other approved screening device.

(f) Stored vehicle means a vehicle parked or maintained at substantially the same location for a continuous period exceeding five (5) days.

(g) Unused vehicle means a vehicle not actively maintained or operated for lawful transportation purposes.

Editor's Note: Terms not specifically defined in this chapter shall have the meanings assigned by Chapter 683, Texas Transportation Code, as amended.

(Ord. 99-4, Aug. 31, 1999; Ord. 100-10, Jul. 9, 2018)

§ 10.06.003 - Junked Vehicles Declared Public Nuisance

Any junked vehicle, abandoned vehicle, inoperable vehicle, wrecked vehicle, dismantled vehicle, partially dismantled vehicle, or unlawfully stored vehicle maintained in violation of this chapter is hereby declared to be a public nuisance.

(Ord. 99-4, Aug. 31, 1999; Ord. 100-10, Jul. 9, 2018)

§ 10.06.004 - Junked Vehicles Prohibited

(a) It shall be unlawful for any person to maintain, keep, store, park, place, or permit the presence of a junked vehicle upon any public or private property within the city except as authorized by state law.

(b) It shall be unlawful for any owner, occupant, tenant, lessee, agent, or person in control of property to permit a junked vehicle nuisance to exist upon property under his or her control.

(Ord. 99-4 , Aug. 31, 1999)

§ 10.06.005 - Authority to Abate Junked Vehicle Nuisances

(a) The city is authorized to investigate, identify, declare, abate, remove, and dispose of junked vehicle nuisances in accordance with this chapter and applicable state law.

(b) Whenever the city determines that a junked vehicle nuisance exists, the city may initiate nuisance-abatement proceedings and provide notice as required by law.

(c) If the nuisance is not corrected within the time prescribed by law, the city may enter upon the property and remove, relocate, impound, store, dispose of, or otherwise abate the nuisance.

(d) The authority granted by this section is cumulative of all other remedies available to the city.

(Ord. 99-4, Aug. 31, 1999)

§ 10.06.006 - Notice of Violation

(a) Upon determination that a junked vehicle nuisance exists, the city shall provide notice to the last known registered owner of the vehicle, the owner or occupant of the property on which the vehicle is located, and any lienholder of record, as required by applicable law.

(b) Notice may be provided personally, by certified mail, by publication, or by any other method authorized by law.

(c) The notice shall identify the vehicle, describe the violation, state the corrective action required, and specify the time allowed for compliance.

(Ord. 99-4, Aug. 31, 1999)

§ 10.06.007 - Hearing Procedures

(a) Any person entitled to notice may request a hearing before the municipal judge, hearing officer, or other person authorized by law within the time prescribed by the notice.

(b) At the hearing, the city shall present evidence supporting the existence of the nuisance.

(c) If the hearing authority determines that a nuisance exists, an order shall be entered directing removal or abatement of the nuisance within a specified period.

(d) Failure to comply with an abatement order shall authorize the city to proceed with removal and abatement.

(Ord. 99-4, Aug. 31, 1999)

§ 10.06.008 - Removal and Disposal

(a) Upon expiration of the notice period or issuance of an abatement order, the city may remove and dispose of the vehicle in accordance with Chapter 683, Texas Transportation Code, and other applicable law.

(b) Vehicles removed pursuant to this chapter may be impounded, sold, transferred, recycled, destroyed, or otherwise disposed of as authorized by law.

(c) The city may contract with towing companies, storage facilities, salvage operators, or other qualified entities to carry out removal and disposal activities.

(Ord. 99-4, Aug. 31, 1999; Ord. 100-10, Jul. 9, 2018)

§ 10.06.009 - Recovery of Costs and Assessment of Liens

(a) The city may recover all expenses incurred in connection with investigation, notice, administration, towing, storage, removal, disposal, legal proceedings, and enforcement.

(b) Costs may be assessed against the owner of the vehicle, the owner of the property upon which the vehicle was located, or any other person responsible for the violation to the extent authorized by law.

(c) Unpaid abatement expenses may be assessed against the property and secured by a lien in the manner authorized by state law.

(d) A lien arising under this chapter shall bear interest at the maximum rate permitted by law and may be foreclosed in the same manner as other municipal nuisance-abatement liens.

(Ord. 99-4, Aug. 31, 1999)

§ 10.06.010 - Enforcement Authority

(a) Any peace officer, code enforcement officer, building official, city administrator, city secretary, or other person authorized by the city council may enforce the provisions of this chapter.

(b) Authorized officials may inspect property, issue notices, initiate abatement proceedings, issue citations, and take all actions reasonably necessary to enforce this chapter.

(Ord. 99-4, Aug. 31, 1999; Ord. 2018-002, rev. Nov. 10, 2020; Ord. 2018-003, rev. Nov. 10, 2020)

§ 10.06.011 - Penalty

(a) A person commits an offense if the person violates any provision of this chapter.

(b) An offense under this chapter is a misdemeanor punishable by a fine not to exceed five hundred dollars ($500.00), unless a greater penalty is authorized by state law.

(c) Each day a violation continues shall constitute a separate offense.

(d) Criminal prosecution, nuisance abatement, removal, impoundment, and civil remedies may be pursued independently or concurrently.

(Ord. 99-4, Aug. 31, 1999; Ord. 100-10, Jul. 9, 2018)

CHAPTER 10.07 – ALARM SYSTEMS

§ 10.07.001 – Purpose

The City Council finds it necessary to establish regulations governing responses by emergency vehicles to false residential alarm activations in order to reduce unnecessary emergency responses and promote the efficient use of public safety resources.

(Ord. 2012-01, Jan. 2, 2012)

§ 10.07.002 – False Alarm Response Limit

A resident maintaining a residential alarm system within the City shall be allowed no more than three (3) false alarm activations during any twelve-month period that result in an emergency vehicle being dispatched to the residence.

(Ord. 2012-01, Jan. 2, 2012)

§ 10.07.003 – Violation

A violation occurs when an emergency vehicle is dispatched in response to more than three (3) false alarm activations originating from the same residential alarm system during a twelve-month period.

(Ord. 2012-01, Jan. 2, 2012)

§ 10.07.004 – Administrative Penalty

(a) A violation of this chapter is subject to an administrative penalty of seventy-five dollars ($75.00).

(b) The penalty shall be paid to the City within ten (10) days after issuance of a citation.

(Ord. 2012-01, Jan. 2, 2012)