diff --git "a/dallas_codes_vol2.txt" "b/dallas_codes_vol2.txt" new file mode 100644--- /dev/null +++ "b/dallas_codes_vol2.txt" @@ -0,0 +1,46880 @@ +VOLUME II +Volume II: Contains 9/23 Supplement, current through +Ordinance 32557, passed 9-20-2023 +CHAPTER 29 +RESERVED +(Repealed by Ord. 29016) +CHAPTER 29A +RESERVED +(Repealed by Ord. 31144) +CHAPTER 30 +NOISE +Sec. +30-1.   Loud and disturbing noises and vibrations. +Sec. +30-2.   Loud and disturbing noises and vibrations presumed offensive. +Sec. +30-2.1.   Presumption. +Sec. +30-3.   Use of bell, siren, compression, or exhaust whistle on vehicles. +Sec. +30-3.1.   Noise from the idling of commercial motor vehicles. +Sec. +30-3.2.   Use of engine compression brakes prohibited. +Sec. +30-4.   Loudspeakers and amplifiers. +Sec. +30-5.   Penalties. +SEC. 30-1.   LOUD AND DISTURBING NOISES AND VIBRATIONS. +   A person commits an offense if he makes or causes to be made any loud and +disturbing noise or vibration in the city that is offensive to the ordinary +sensibilities of the inhabitants of the city. (Ord. Nos. 13744; 24835; 26022) +SEC. 30-2.   LOUD AND DISTURBING NOISES AND VIBRATIONS PRESUMED OFFENSIVE. +   The following loud and disturbing noises and vibrations are presumed to be +offensive to the ordinary sensibilities of the inhabitants of the city: +      (1)   The sounding of any horn or signal device on any automobile, +motorcycle, bus, streetcar, or other vehicle, except as a danger signal, as +required by state law. +      (2)   The playing of any radio, phonograph, television, or musical +instrument with such volume as to disturb the peace, quiet, comfort, or repose +of persons in any dwelling, apartment, hotel, or other type of residence. +      (3)   The continuous barking, howling, crowing, or making of other loud +noises by an animal for more than 15 minutes near a private residence that the +animal’s owner or person in control of the animal has no right to occupy. +      (4)   The loud grating, grinding, or rattling noise caused by the use of +any automobile, motorcycle, bus, streetcar, or vehicle that is out of repair or +poorly or improperly loaded. +      (5)   The blowing of any steam whistle attached to any stationary boiler, +except to give notice of the time to begin or stop work or as a warning of +danger. +      (6)   The discharge into the open air of the exhaust of any stationary +steam engine, stationary internal combustion engine, or motor boat engine, +except through a muffler or other device that will effectively and efficiently +prevent loud and disturbing noises or vibrations. +      (7)   The discharge into the open air of the exhaust from any motor +vehicle, except through a muffler or other device that will effectively and +efficiently prevent loud and disturbing noises or vibrations. +      (8)   Any construction activity related to the erection, excavation, +demolition, alteration, or repair of any building on or adjacent to a +residential use, as defined in the Dallas Development Code, other than between +the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday, and between the +hours of 8:00 a.m. and 7:00 p.m. on Saturdays and legal holidays, except that +the director of transportation may issue a written permit to exceed these hours +in the case of urgent necessity in the interest of public safety or for other +reasons determined by the director of transportation to be necessary for the +public health, safety, or welfare. For purposes of this paragraph, "legal +holidays" include New Year's Day (January 1), Memorial Day (observed date), +Fourth of July (July 4), Labor Day (observed date), Thanksgiving Day (observed +date), and Christmas Day (December 25). +      (9)   The shouting and crying of peddlers, hawkers, and vendors that +disturb the quiet and peace of the neighborhood. +      (10)   The use of any drum or other instrument or sound amplifying +equipment for the purpose of attracting attention by the creation of noise, to +any performance, show, sale, or display of merchandise as to attract customers +to any place of business. +      (11)   The use of mechanical loudspeakers or sound amplifiers on trucks +or other moving vehicles for the purpose of advertising any show, sale, or +display of merchandise. +      (12)   The collection of garbage, waste, or refuse between the hours of +10:00 p.m. and 7:00 a.m. on or within 300 feet of any residential use, as +defined in the Dallas Development Code. +      (13)   The operation of sound equipment, including a car stereo, in a +motor vehicle in such a manner that the noise is so audible or causes such a +vibration as to unreasonably disturb the peace, quiet, or comfort of another +person. (Ord. Nos. 13744; 22026; 24835; 26022; 28424; 30239; 30654) +SEC. 30-2.1.   PRESUMPTION. +   Whenever a violation of Section +30-2(11) of this chapter occurs, it is presumed that the registered owner of +the vehicle for which the citation was issued is the person who committed the +violation, either personally or through an agent or employee. Proof of +ownership may be made by a computer-generated record of the registration of the +vehicle with the Texas Department of Transportation showing the name of the +person to whom state license plates were issued. This proof is prima facie +evidence of the ownership of the vehicle by the person to whom the certificate +of registration was issued. (Ord. Nos. 22094; 24835) +SEC. 30-3.   USE OF BELL, SIREN, COMPRESSION, OR EXHAUST WHISTLE ON VEHICLES. +   No vehicle shall be equipped with and no person shall use upon a vehicle any +bell, siren, compression or exhaust whistle, except that vehicles operated in +the performance of duty by law enforcement officers, fire department, and +ambulances may attach and use a bell, siren, compression or exhaust whistle. +(Ord. 13744) +SEC. 30-3.1.   NOISE FROM THE IDLING OF COMMERCIAL MOTOR VEHICLES. +   (a)   In this section: +      (1)   COMMERCIAL MOTOR VEHICLE means any motor vehicle with a gross +vehicle weight rating (GVWR) over 14,000 pounds. +      (2)   IDLE means the operation of a motor vehicle engine in operating +mode where the engine is not engaged in gear. +   (b)   A person commits an offense if he idles a commercial motor vehicle for +more than five consecutive minutes at a location on or within 300 feet of any +residential use, as defined in the Dallas Development Code. +   (c)   A person commits an offense if, on any premises that he owns or +controls, he permits the idling of a commercial motor vehicle for more than +five consecutive minutes at a location on or within 300 feet of any residential +use, as defined by the Dallas Development Code. +   (d)   It is a defense to prosecution under Subsections (b) and (c) of this +section that the commercial motor vehicle: +      (1)   was idling in obedience to an official traffic control device; +      (2)   was idling while stopped in traffic; +      (3)   was idling in obedience to a peace officer; +      (4)   was idling while being repaired in an enclosed structure; +      (5)   was idling in order to defrost a windshield; +      (6)   was a school bus; +      (7)   was intended for commercial passenger transportation and was not +idling on a public street, highway, or alley; +      (8)   was a concrete mixer truck that was only idling while actually +pouring concrete or staging to pour concrete; +      (9)   was a utility truck that was only idling while providing power as +needed to perform utility work; or +      (10)   met a defense set forth in Section +5A-15 of this code. +   (e)   Penalties. +      (1)   An offense under this section is punishable by a fine not to exceed +$500. Each instance of a violation of this section is a separate offense. +      (2)   The culpable mental state required for the commission of an offense +under this section is governed by Section +1-5.1 of this code. +      (3)   Prosecution for an offense under this section does not preclude the +use of other enforcement remedies or procedures that may be available to the +city. +   (f)   Nothing in this section may be construed to authorize idling of a +commercial vehicle in violation of Section +5A-15 of this code. (Ord. Nos. 26022; 26766; 27264) +SEC. 30-3.2.   USE OF ENGINE COMPRESSION BRAKES PROHIBITED. +   (a)   Definitions. For the purpose of this section, ENGINE COMPRESSION BRAKE +means a vehicle retarding device that converts a power producing engine into a +power absorbing air compressor in order to reduce motor vehicle speed without +the use of the vehicle’s foundation brakes. +   (b)   A person commits an offense if he uses an engine compression brake to +slow or stop a motor vehicle in the city. +   (c)   It is a defense to prosecution under this section that: +      (1)   the motor vehicle was a fire apparatus owned or operated by a +governmental entity; or +      (2)   the engine compression brake was used in an emergency situation to +prevent or reduce an imminent danger of death or bodily injury to a person or +damage or destruction to property. +   (d)   Presumption. Whenever a violation of this section occurs, it is +presumed that the registered owner of the vehicle for which the citation was +issued is the person who committed the violation, either personally or through +an agent or employee. Proof of ownership may be made by a computer-generated +record of the registration of the vehicle with the Texas Department of +Transportation (or the vehicle registration agency of any other state in which +the vehicle is currently registered) showing the name of the person to whom +state license plates were issued. This proof is prima facie evidence of the +ownership of the vehicle by the person to whom the certificate of registration +was issued. (Ord. 27963) +SEC. 30-4.   LOUDSPEAKERS AND AMPLIFIERS. +   (a)   A person commits an offense if he operates or causes to be operated +any mechanical loudspeaker or sound amplifier in a public place or upon any +public sidewalk, street, alley, or highway of the city in violation of any of +the following limitations and requirements: +      (1)   No mechanical loudspeaker or sound amplifier may be operated within +150 feet of the property line of the premises of a residence, except between +the hours of 8:00 a.m. and sunset, as designated by publication in a local +newspaper of general circulation. +      (2)   A mechanical loudspeaker or sound amplifier may not emit loud and +disturbing noises so as to interfere with the enjoyment of life or property or +to interfere with public peace and comfort. +      (3)   A mechanical loudspeaker or sound amplifier must be operated so as +not to cause traffic congestion or congregation of crowds that obstructs any +public sidewalk, street, alley, or highway. +      (4)   A mechanical loudspeaker or sound amplifier may not be operated +within 150 feet of any: +         (A)   hospital; +         (B)   school that is in session; +         (C)   nursing home; or +         (D)   facility that provides surgical services to patients who do not +require overnight hospital care during the hours of operation of the facility. +   (b)   In this section: +      (1)   RESIDENCE means a single-family, duplex, or multifamily dwelling. +      (2)   SURGICAL SERVICES means therapy of a mechanical or operative kind, +including, but not limited to, operations involving cutting, the setting of +fractures and dislocations, and similar manual forms of treatment. +   (c)   If conduct that would otherwise violate this section consists of +speech or other communication, of gathering with others to hear or observe such +speech or communication, or of gathering with others to picket or otherwise +express in a nonviolent manner a position on social, economic, political, or +religious questions, the person must be ordered to move, disperse, or otherwise +remedy the violation prior to arrest or citation. +   (d)   The order required by Subsection (c) may be given by a peace officer, +a fireman, a person with authority to control the use of the premises, or any +person directly affected by the violation. +   (e)   It is a defense to prosecution under Subsection (a) that: +      (1)   in circumstances in which this section requires an order, no order +was given; +      (2)   an order, if given, was manifestly unreasonable in scope; +      (3)   an order, if given, was promptly obeyed; +      (4)   the mechanical loudspeaker or sound amplifier was operated in a +public place within an enclosed structure and was not audible beyond the +property line of the premises on which it was located; +      (5)   the person operating the mechanical loud speaker or sound amplifier +was a law enforcement officer or member of the fire department in the +performance of official duties; +      (6)   the mechanical loudspeaker or sound amplifier was operated for the +purpose of alerting persons to the existence of an emergency or danger; or +      (7)   the mechanical loudspeaker or sound amplifier was operated in the +performance of emergency work necessary to restore public utilities, to restore +property to a safe condition, or to protect persons or property from imminent +danger, following a fire, accident, or natural disaster. (Ord. Nos. 13744; +18798; 19455; 21878; 24835) +SEC. 30-5.   PENALTIES. +   (a)   Criminal penalties. Unless specifically provided otherwise in this +chapter, an offense under this chapter is punishable by a criminal fine not to +exceed $2,000. A person commits a separate offense each day or portion of a day +during which a violation is committed, permitted, or continued. The culpable +mental state required for the commission of an offense under this chapter is +governed by Section +1-5.1 of this code. +   (b)   Civil penalties. In addition to imposing the criminal penalty +prescribed in Subsection (a), the city may, in accordance with Chapter 54 of +the Texas Local Government Code, bring a civil action against a person +violating a provision of this chapter. The civil action may include, but is not +limited to, a suit to recover a civil penalty pursuant to Section 54.017 of the +Texas Local Government Code not to exceed $1,000 for each day or portion of a +day during which the violation is committed, continued, or permitted. (Ord. +Nos. 24835; 27963) +CHAPTER 31 +OFFENSES - MISCELLANEOUS +ARTICLE I. +GENERAL. +Sec. +31-1.   Swimming in certain water prohibited. +Sec. +31-2.   Setting of booby-traps. +Sec. +31-3.   Discrimination and dress codes in places of public accommodation. +Sec. +31-4.   Discharging a firearm in a private place. +Sec. +31-5.   Glue - Use, sale, and possession. +Sec. +31-6.   Other solvents - Use, sale, and possession. +Sec. +31-7.   Icebox or refrigerator - Abandonment or dangerous exposure prohibited. +Sec. +31-8.   Kites with metallic frames prohibited. +Sec. +31-9.   Kites and moored balloons prohibited near airports. +Sec. +31-10.   Abatement of nuisances. +Sec. +31-11.   Nuisance - Judgment in municipal court. +Sec. +31-12.   Limited hours of certain coin-operated devices. +Sec. +31-13.   Sleeping in a public place. +Sec. +31-13.1.   Prohibition on the unauthorized placement, erection, or maintenance +of temporary shelters on designated public property. +Sec. +31-14.   Entering portions of buildings without consent. +Sec. +31-14.1.   Entering motor vehicles without consent. +Sec. +31-15.   Solicitation in certain buildings without consent. +Sec. +31-16.   Replica firearms. +Sec. +31-17.   Specified sex offenders near schools and child-care facilities. +Sec. +31-17.1.   Restrictions on sex offenders residing in the same dwelling unit. +Sec. +31-18.   Urinating or defecating in public. +Sec. +31-19.   Solicitation for sodomy - Not for hire. +Sec. +31-20.   Solicitation for obscene conduct - Not for hire. +Sec. +31-21.   Solicitation in food and drink establishment. +Sec. +31-22.   Regulations for public speeches in Stone Place, Four-Way Place, and +Bullington Street Mall. +Sec. +31-22.1.   Regulations for public speeches in public areas surrounding Thanks- +Giving Square. +Sec. +31-23.   Unauthorized use of city seal or other insignia. +Sec. +31-24.   Reserved. +Sec. +31-25.   Prohibiting release of rats; defenses. +Sec. +31-26.   Reserved. +Sec. +31-27.   Manifesting the purpose of engaging in prostitution. +Sec. +31-28.   Failure to disclose representation. +Sec. +31-29.   Dialing 9-1-1 when no emergency exists. +Sec. +31-30.   Manifesting the purpose of selling illegal drugs and chemicals. +Sec. +31-31.   Prohibiting free distribution of tobacco products in public places. +Sec. +31-32.   Solicitation to purchase a prohibited substance. +Sec. +31-32.1.   Illegal smoking products and related paraphernalia prohibited. +Sec. +31-33.   Curfew hours for minors. +Sec. +31-34.   Picketing in residential areas. +Sec. +31-35.   Solicitation by coercion; solicitation near designated locations and +facilities; solicitation after sunset; solicitation-free zones. +Sec. +31-36.   Menacing another person. +Sec. +31-37.   Hours of closure for certain city property. +Sec. +31-38.   Duty of property owner to remove graffiti. +Sec. +31-39.   Responsibility of parent or guardian for graffiti created by a minor. +Sec. +31-39.1.   Possession of graffiti implements prohibited; presumptions; +defenses. +Sec. +31-40.   Possession of shopping carts. +Sec. +31-41.   Lock, take, and hide signs. +ARTICLE I. +GENERAL. +SEC. 31-1.   SWIMMING IN CERTAIN WATER PROHIBITED. +   (a)   A person commits an offense if, with the intent to swim, bathe, wade, +or go in the water, he enters the water of a river, stream, pond, or +watercourse within the city, either natural or artificial, whether public or +private. +   (b)   It is an exception to the application of this section if the body of +water is a public, semi-public, or private swimming pool which meets the +standards of the laws of the state and +Chapter 43A of this code. +   (c)   It is a defense to prosecution under this section that: +      (1)   the person was engaged in the performance of his official duties as +an officer or employee of the city; +      (2)   the person was engaged in a bona fide effort to rescue or recover a +human being or property from the water; +      (3)   the person was engaged in dredging or other water improvement or +construction work authorized by the city council or the park and recreation +department; or +      (4)   the water was designated by official signs showing that wading or +going into the water in the specific designated area is authorized by the rules +and regulations of the park and recreation department of the city. (Ord. 14971) +SEC. 31-2.   SETTING OF BOOBY-TRAPS. +   (a)   A person commits an offense if he installs upon premises, a trap or +device of any kind, designed to do bodily harm to a person entering into or +upon the premises. +   (b)   It is a defense to prosecution under this section that the device is a +tear gas device installed on a safe, vault, cabinet, or vending machine, which +is activated only when the equipment is wrongfully opened. (Ord. 14971) +SEC. 31-3.   DISCRIMINATION AND DRESS CODES IN PLACES OF PUBLIC ACCOMMODATION. +   (a)   In this section: +      (1) PLACE OF PUBLIC ACCOMMODATION means every business within the city, +whether wholesale or retail, or place of entertainment, which is open to the +general public and offers for compensation any product, service, or facility, +and includes, all hotels, motels, restaurants, bars, lounges, nightclubs, or +cabarets where food or beverages are sold or offered for sale; theaters; retail +houses; washaterias; bowling alleys; skating rinks; golf courses; and all +public conveyances as well as their stations or terminals. +      (2)   HOTEL and MOTEL means every establishment offering lodging to +transient guests for compensation other than an establishment located within a +building which contains not more than five rooms for rent or hire and which is +actually occupied by the proprietor of the establishment as his residence, nor +does it include an establishment if the majority of occupants are permanent +residents and maintain their fixed place of domicile in the establishment. +      (3)   BAR and LOUNGE means every bar, lounge, or tavern licensed by the +state to serve alcoholic beverages, including wine and beer, for consumption on +the premises, other than restaurants and nightclubs. +      (4)   NIGHTCLUB means a nightclub, cabaret, or coffee house offering +facilities for public entertainment, social recreation, or group amusement or +relaxation, and also offering for sale beverages, whether alcoholic or non- +alcoholic. +      (5)   THEATER means every place, whether indoors or out-of-doors, at +which any theatrical performance, moving picture show, musical concert, circus, +carnival, or other performance is offered for compensation to the general +public. +   (b)   A person commits an offense if he: +      (1)   discriminates against, withholds from, or denies a person any of +the advantages, facilities, or services offered to the general public by a +place of public accommodation because of race, religion, sex, color, or +national origin; or +      (2)   refuses admission to or expels from a place of public +accommodation, a person for noncompliance with a dress, grooming, or +identification requirement that was not previously posted in writing in +accordance with Subsection (d). +   (c)   It is a defense to prosecution under Subsection (b)(2) that the +refusal of admission or expulsion was required by law. +   (d)   If a place of public accommodation posts dress, grooming, or +identification requirements, the requirements must be posted: +      (1)   in writing in a conspicuous, clearly visible location outside each +public entrance to the place of public accommodation; and +      (2)   at least seven days before becoming effective if a change is made +in the requirements after the initial requirements are posted. +   (e)   This section does not apply to a hotel, restaurant, bar, lounge, +nightclub, cabaret, theater, bowling alley, skating rink, or golf course when +the accommodations, advantages, facilities, and services are restricted to +members of a club and their guests; nor to any bona fide social, fraternal, +educational, civic, political, or religious organization, when the profits of +the accommodations, advantages, facilities and services, above reasonable and +necessary expenses, are solely for the benefit of the organization. (Ord. Nos. +14971; 16443; 18960) +SEC. 31-4.   DISCHARGING A FIREARM IN A PRIVATE PLACE. +   (a)   A person commits an offense if he discharges a firearm, rifle, +shotgun, automatic rifle, revolver, pistol, or other weapon designed for the +purpose of firing or discharging a shell or cartridge, in a place not +customarily open to the public, whether the shell or cartridge is blank or live +ammunition. +   (b)   It is a defense to prosecution under this section that: +      (1)   the person was a law enforcement peace officer acting in the +performance of his official duties; +      (2)   the person was at a shooting range operated by an agency of the +United States government, State of Texas, or a political subdivision of the +state, or which is privately operated if approved by the police department; +      (3)   the person was using blank cartridges for a show or theatrical +production, or for signal or ceremonial purposes in athletics or sports, or by +a military organization; or +      (4)   the person was acting in a self-defense or justifiable or excusable +homicide situation. (Ord. 14971) +SEC. 31-5.   GLUE - USE, SALE, AND POSSESSION. +   (a)   In this section: +      (1)   MODEL GLUE means glue or cement of the type commonly used in the +building of model airplanes, boats, and automobiles, or a similar substance +which contains one or more of the following volatile solvents: +         (A)   Acetone +         (B)   Amylacetate +         (C)   Benzol or Benzene +         (D)   Butyl acetate +         (E)   Butyl alcohol +         (F)   Carbon tetrachloride +         (G)   Chloroform +         (H)   Cyclohexanone +         (I)   Ethanol or ethyl alcohol +         (J)   Ethyl acetate +         (K)   Hexane +         (L)   Isopropanol or isopropyl alcohol +         (M)   Isopropyl acetate +         (N)   Methyl ‘cellosolve’ acetate +         (O)   Methyl ethyl ketone +         (P)   Methyl isobutyl ketone +         (Q)   Toluol or toluene +         (R)   Trichloroethylene +         (S)   Tricresyl phosphate +         (T)   Xylol or xylene +      (2)   KIT means a collection of materials used for the construction of +model airplanes, model boats, model automobiles, model trains, or other similar +assemblage of construction materials. +   (b)   A person commits an offense if: +      (1)   he inhales or otherwise induces into his respiratory or circulatory +system, the volatile vapors of “model glue” with the intent of becoming +intoxicated, elated, dazed, paralyzed, irrational, or in any manner changing or +distorting his eyesight, thinking process, judgment, balance, or coordination; +      (2)   being a person under 18 years of age, he carries upon his person +“model glue” unless it is being transported from the place of purchase to his +place of residence or business or is a part of a “kit”; or +      (3)   he knowingly or intentionally possesses, buys, sells or transfers +“model glue” for the purpose of inducing or aiding another person to violate +the provisions of this section. +   (c)   A person shall not sell or otherwise transfer possession of “model +glue” to a minor under the age of 18 years for any purpose, unless at the time +of the sale or transfer of possession, the minor is accompanied by a parent or +guardian, and the parent or guardian signs in the presence of the person making +the sale or transfer, a written consent for the sale or transfer to the minor. +   (d)   The person selling or transferring possession of “model glue” to a +minor person under the age of 18 years shall make a written record showing the +name, address, sex, and age of the minor, as well as the name and address of +the consenting parent or guardian, which record must be kept available for +inspection by the police for a period of at least 12 months from the date of +sale or transfer. Separate records need not be kept if the seller or transferor +retains the consent letter required in Subsection (c), if the letter contains +all the information required by this subsection. +   (e)   The seller or transferor shall provide the records required in +Subsection (d) for inspection by any police officer acting in his official +capacity requesting the records when the seller or transferor is normally open +for business. +   (f)   The person selling or offering for sale “model glue,” shall not +display “model glue” on open shelves or counters in his business establishment +in a manner which will make it accessible to customers or members of the +public. +   (g)   The provisions of Subsections (c) and (d) of this section do not apply +if the “model glue” is sold, delivered, or given simultaneously with, and as +part of, a “kit”. (Ord. 14971) +SEC. 31-6.   OTHER SOLVENTS - USE, SALE, POSSESSION. +   (a)   A person commits an offense if: +      (1)   he inhales or otherwise induces into his respiratory or circulatory +system, the volatile vapors of a substance which contains one or more of the +following volatile solvents: +         (A)   Acetone +         (B)   Amylacetate +         (C)   Benzol or Benzene +         (D)   Butyl acetate +         (E)   Butyl alcohol +         (F)   Carbon tetrachloride +         (G)   Chloroform +         (H)   Cyclohexanone +         (I)   Ethanol or ethyl alcohol +         (J)   Ethyl acetate +         (K)   Hexane +         (L)   Isopropanol or isopropyl alcohol +         (M)   Isopropyl acetate +         (N)   Methyl “cellosolve” acetate +         (O)   Methyl ethyl ketone +         (P)   Methyl isobutyl ketone +         (Q)   Toluol or toluene +         (R)   Trichloroethylene +         (S)   Tricresyl phosphate +         (T)   Xylol or xylene +with the intent of becoming intoxicated; elated; dazed; paralyzed; irrational; +in any manner changing or distorting his eyesight, thinking process, judgment, +balance, or coordination; or dulling the brain or nervous system; +      (2)   he sells, offers for sale, delivers, or gives away to a person, any +substance containing one or more of the volatile solvents listed in +Subparagraph (1) of this section, when he knows or has reason to believe that +the substance will be used for the purpose of inhalation to induce symptoms of +intoxication; elation; paralysis; irrational behavior; to change or distort +eyesight, thinking processes, judgment, balance, or coordination; or the +dulling of the brain or nervous system; or +      (3)   for the purposes of violating Subparagraph (1) of this section, he +uses or possesses a substance containing one or more of the solvents listed in +Subparagraph (1) of this section. (Ord. 14971) +SEC. 31-7.   ICEBOX OR REFRIGERATOR - ABANDONMENT OR DANGEROUS EXPOSURE +PROHIBITED. +   (a)   In this section: +      (1)   ABANDON means the throwing away of an icebox or refrigerator on +vacant property, junk heaps, trash piles, or debris accumulations or any other +act which at common law would constitute an abandonment of personal property. +      (2)   DANGEROUS EXPOSURE means the placing of an icebox or refrigerator +not in use as an icebox or refrigerator, in a garage, barn, outbuilding, porch, +yard, lot, or other portion of premises where children at play may come upon it +and be attracted to it. +   (b)   A person commits an offense if he abandons or dangerously exposes or +causes or permits to be abandoned or dangerously exposed an icebox or +refrigerator, unless the latch or lock holding each door shut is dismantled or +removed so that the door may be opened from within by simply pushing on it. +   (c)   The owner of an abandoned or dangerously exposed icebox or +refrigerator and the owner or occupant of the premises where an abandonment or +dangerous exposure occurs, has the duty to remove the door or dismantle or +remove the latch or lock holding the door shut on the icebox or refrigerator. +   (d)   The abandonment or dangerous exposure of an icebox or refrigerator +with its door, or doors, in normal latching or locking condition is hereby +declared to be a public nuisance and a serious menace to life because of the +danger of children entering such an icebox or refrigerator and becoming locked +inside and suffocating, and it is the duty of any city employee upon observing +an abandoned or dangerously exposed icebox or refrigerator to remove the door +or to dismantle the latch or lock holding the door. +   (e)   A person who violates this section is guilty of an offense and, upon +conviction, is punishable by a fine of not more than $500 nor less than: +      (1)   $200 for a first conviction of any violation of this section within +any 24-month period; +      (2)   $400 for the second conviction of the same offense within any 24- +month period; and +      (3)   $500 for the third and subsequent convictions of the same offense +within any 24-month period. (Ord. 14971; 20599) +SEC. 31-8.   KITES WITH METALLIC FRAMES PROHIBITED. +   (a)   A person commits an offense if he: +      (1)   sells, possesses for sale, offers for sale, or manufactures for +sale, a kite with a metallic frame; or +      (2)   flies a kite with a metallic frame within the city. (Ord. 14971) +SEC. 31-9.   KITES AND MOORED BALLOONS PROHIBITED NEAR AIRPORTS. +   (a)   In this section: +      (1)   BALLOON means a lighter-than-air aircraft that is not engine +driven. +      (2)   KITE means a framework covered with paper, cloth, plastic metal, or +other material intended to be flown at the end of rope, cable, wire, twine, or +string and having as its only support the force of the wind moving past its +surface and includes a gyro- glider attached by a towline to a vehicle on the +surface of the earth. +      (3)   MOORED BALLOON means a balloon that is secured by a rope, cable, +wire, twine, or string to the surface of the earth or an object on the surface +of the earth. +   (b)   A person commits an offense if he: +      (1)   operates a moored balloon having a diameter of less than six feet +or a gas capacity of less than 115 cubic feet, or flies a kite weighing less +than five pounds, in the airport approach, turning, or transition zone of +Dallas Love Field or Dallas Executive Airport, as shown on the airport zoning +maps (L-1 and R-1), which are incorporated into this section by reference and +maintained on file in the office of the city secretary; +      (2)   operates a moored balloon having a diameter of less than six feet +or a gas capacity of less than 115 cubic feet, or flies a kite weighing less +than five pounds, in the airport approach, turning, or transition zones of a +private airport in the city; or +      (3)   operates a moored balloon having a diameter of more than six feet +or a gas capacity of more than 115 cubic feet, or flies a kite weighing more +than five pounds, within the city in the following circumstances: +         (A)   closer than 500 feet to the base of a cloud; +         (B)   at an altitude of more than 500 feet above the surface of the +earth; +         (C)   from an area where the ground visibility is less than three +miles; or +         (D)   within five miles of the boundary of an airport within the city. +   (c)   It is a defense to prosecution under Subparagraph (3) of Subsection +(b) of this section if the operation of the moored balloon or kite is below the +height and within 250 feet of a structure, if the operation does not obscure +lighting on the structure. +   (d)   The operation of a moored balloon or kite in violation of this section +is an air navigation hazard and a nuisance in that it obstructs the air space +required for the flight of aircraft or is hazardous to the landing or taking +off of aircraft, and the chief of police may abate the operation. (Ord. Nos. +14971; 24859) +SEC. 31-10.   ABATEMENT OF NUISANCES. +   Whenever a nuisance, as defined in an ordinance of the city, is ascertained +to exist within the city, the city manager may order the owner or occupant of +the premises on which the nuisance exists to abate or remove the nuisance +within a specified time designated in the order, and if the order is not +followed, the city manager may order the chief of police to abate and remove +the nuisance. The expense incurred in abating and removing a nuisance shall be +charged to the owner of the premises and will result in a lien on the real +estate on which the nuisance existed, which may be levied as a special tax +against the real estate. (Ord. 14971) +SEC. 31-11.   NUISANCE - JUDGMENT IN MUNICIPAL COURT. +   Whenever a judgment is rendered in the municipal court against a person for +violation of a city ordinance and the violation is defined as a nuisance, the +person shall abate and remove the nuisance within 24 hours after judgment is +rendered. If the person fails to abate the nuisance, the chief of police may +abate and remove the nuisance. The expense incurred in abating and removing the +nuisance will result in a lien on the real estate whereupon the nuisance +existed, which may be levied as a special tax against the real estate. (Ord. +14971) +SEC. 31-12.   LIMITED HOURS OF CERTAIN COIN-OPERATED DEVICES. +   (a)   A person commits an offense if, as owner, exhibitor, lessee, or +employee of the owner, exhibitor, or lessee of a coin-operated amusement device +located within 500 feet of a public or private elementary or secondary school, +he permits a person under the age of 17 years to operate the coin-operated +amusement device between the hours of 9 a.m. and 4 p.m. on days during the fall +or spring term when students are required to attend school in the school +district in which the device is located. +   (b)   For the purposes of this section COIN-OPERATED AMUSEMENT DEVICE has +the meaning ascribed to it in Section +6A-1 of this code. +   (c)   The owner, exhibitor, or lessee of a coin- operated amusement device +located within 500 feet of a public or private elementary or secondary school +shall place a sign on the device that reads, “Play by Persons Under 17 Not +Allowed during School Hours.” +   (d)   For purposes of this section measurements shall be made in a straight +line without regard to intervening structures or objects, from the nearest +entry door in the portion of a building where the coin- operated amusement +device is located to the nearest entry door of the school. +   (e)   A person violating Subsection (a) of this section is deemed to be +maintaining a public nuisance and a police officer of the city who observes the +violation shall seize all the coin-operated amusement devices in the +establishment and upon conviction of the person for violation of Subsection +(a), the city shall dispose of the devices in the manner provided by law. (Ord. +Nos. 14971; 16585) +SEC. 31-13.   SLEEPING IN A PUBLIC PLACE. +   (a)   A person commits an offense if he: +      (1)   sleeps or dozes in a street, alley, park, or other public place; or +      (2)   sleeps or dozes in a vacant lot adjoining a public street or +highway. +   (b)   It is a defense to prosecution under Subparagraph (2) of this section +if the person owns the vacant lot or has the consent of the owner to sleep or +doze on the vacant lot. (Ord. 14971) +SEC. 31-13.1.   PROHIBITION ON THE UNAUTHORIZED PLACEMENT, ERECTION, OR +MAINTENANCE OF TEMPORARY SHELTERS ON DESIGNATED PUBLIC PROPERTY. +   (a)   In this section: +      (1)   DESIGNATED PUBLIC PROPERTY means any of the following: +         (A)   Any parks, grounds, buildings, facilities, or rights-of-way +under the jurisdiction, management, or control of the city’s park and +recreation board. +         (B)   Any of the following properties, grounds, buildings, facilities, +or rights-of-way owned, leased, or controlled by the city: +            (i)   The Dallas city hall and the city hall plaza, as defined in +Section +31-37 of the Dallas City Code, as amended. +            (ii)   The Dallas convention center and the convention center +grounds, as defined in Section +31-37 of the Dallas City Code, as amended. +            (iii)   The J. Erik Jonsson central library and the central library +grounds, as defined in Section +31-37 of the Dallas City Code, as amended. +         (C)   Any vacant and unimproved lots owned, leased, or controlled by +the city. +      (2)   TEMPORARY SHELTER means any tent or other type of portable or +impermanent structure, whether manufactured or makeshift, in or under which a +person can be sheltered or partially sheltered from the elements. +   (b)   A person commits an offense if the person places, erects, or maintains +a temporary shelter in or upon any designated public property. +   (c)   It is a defense to prosecution under Subsection (b) of this section +that the placement, erection, or maintenance of the temporary shelter by the +person on the designated public property was expressly authorized by: +      (1)   an ordinance or resolution of the city council; +      (2)   a special event permit issued under Chapter 42A of the Dallas City +Code or another license or permit granted by the city; +      (3)   a contract with the city; or +      (4)   if the designated public property is under the jurisdiction, +management, or control of the city’s park and recreation board, a permit or +other written authorization granted by the board or by the director of the park +and recreation department. +   (d)   A person who violates a provision of this section is guilty of a +separate offense for each day or part of a day during which the violation is +committed, continued, or permitted. Each offense, upon conviction, is +punishable by a fine not to exceed $500. +   (e)   Before taking any enforcement action under this section, a police +officer shall ask the apparent offender’s reason for placing, erecting, or +maintaining a temporary shelter on the designated public property. The police +officer shall not issue a citation or make an arrest under this section unless +the officer reasonably believes that an offense has occurred and that, based on +any response and other circumstances, no defense in Subsection (c) is present. +Before issuing a citation or making an arrest, the police officer shall give +the person an oral or written warning that: +      (1)   requests the person to cease the placement, erection, or +maintenance of the temporary shelter and to completely remove the temporary +shelter and all personal belongings from the designated public property within +one hour after issuance of the warning; and +      (2)   states that failure to comply with the warning may result in the +citation or arrest of the person and the removal by the city of the temporary +shelter and any personal belongings remaining on the designated public +property. +   (f)   If a person’s temporary shelter and personal belongings are not +removed from the designated public property in compliance with a warning issued +by a police officer under Subsection (e), the city may remove those items from +the designated public property and store them at a secure location (if the +items are determined by the city to have a market value) or dispose of them as +solid waste (if the items are determined by the city to be perishable, to have +no market value, or to pose a threat to the public health, safety, or welfare). +If stored property is not claimed within 60 days after removal, it will be +deemed unclaimed or abandoned, and the city may sell, recycle, convert, or +dispose of the property in accordance with city ordinances and policies and any +applicable state or federal laws. (Ord. 29070) +SEC. 31-14.   ENTERING PORTIONS OF BUILDINGS WITHOUT CONSENT. +   (a)   In this section: +      (1)   BUILDING means an enclosed structure to which the public or a +substantial group of the public has access; +      (2)   CONSPICUOUSLY MARKED means a sign posted to be reasonably likely to +come to the attention of anyone approaching an entrance to a portion of a +building; +      (3)   OWNER means a person who has title to a building or a leasehold +interest in the building, or someone with apparent authority to act for a +person who has title or a leasehold interest. +   (b)   A person commits an offense if he enters a portion of a building +without consent of the owner if the portion of the building entered is +conspicuously marked to give notice that: +      (1)   entry is restricted to a specific class of persons of which the +actor is not a member; or +      (2)   entry is prohibited to the public. (Ord. Nos. 14971; 15084) +SEC. 31-14.1.   ENTERING MOTOR VEHICLES WITHOUT CONSENT. +   (a)   In this section: +      (1)   MOTOR VEHICLE has the meaning assigned to it by the state vehicle +laws; +      (2)   OWNER means the person who has title to the motor vehicle or the +person who is operating or in control of the motor vehicle with the consent of +the title holder. +   (b)   A person commits an offense if he enters any portion of a motor +vehicle without the consent of the owner. +   (c)   It is a defense to prosecution under Subsection (b) that the person +who entered the motor vehicle was: +      (1)   a law enforcement officer or was acting under the direction of a +law enforcement officer; or +      (2)   operating pursuant to a vehicle tow service license or a vehicle +storage facility license issued under +Chapter 48A of this code and was in the process of removing an illegally parked +or unauthorized vehicle from private property or storing an illegally parked or +unauthorized vehicle that was removed from private property. (Ord. Nos. 16617; +19099) +SEC. 31-15.   SOLICITATION IN CERTAIN BUILDINGS WITHOUT CONSENT. +   A person commits an offense if he: +      (1)   solicits customers or patronage for himself or on behalf of another +or distributes advertising matter, upon the premises of a hotel, private office +building, or public building in the city without first having obtained written +consent from the owner, lessee, managing agent, or person in charge of the +operation of the hotel, private office building, or public building; or +      (2)   solicits, seeks, or begs contributions for himself or on behalf of +another upon the premises of a hotel, private office building, or public +building in the city without first having obtained written consent from the +owner, lessee, managing agent, or person in charge of the operation of the +hotel, private office building, or public building. (Ord. 14971) +SEC. 31-16.   REPLICA FIREARMS. +   (a)   In this section: +      (1)   AIR SOFT GUN means a spring- operated, gas-operated, or battery- +powered replica firearm made of hard plastic or light metal that fires plastic +or other nonmetallic projectiles. +      (2)   FIREARM means any device designed, made, or adapted to expel a +projectile through a barrel by using the energy generated by an explosion or +burning substance, or any device readily convertible to that use. +      (3)   ICE CREAM VENDING TRUCK OR PUSHCART means any vehicle from which +ice cream or other frozen desserts are sold or offered for sale. +      (4)   PAINTBALL GUN means a replica firearm that is powered by compressed +gas (carbon dioxide, nitrogen, or ordinary air) and fires dye-filled gelatinous +capsules. +      (5)   PUBLIC PLACE means any place to which the public or a substantial +group of the public has access and includes, but is not limited to, streets, +highways, and the common areas of schools, hospitals, apartment houses, office +buildings, transport facilities, and shops. +      (6)   REPLICA FIREARM means any device or object that is a toy version or +facsimile of, or is reasonably likely to be perceived as, a pistol, revolver, +shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher, or other +firearm, and includes but is not limited to a starter pistol, BB gun, pellet +gun, air soft gun, paintball gun, or air rifle. +   (b)   A person commits an offense if he recklessly displays or brandishes a +replica firearm in a manner or under circumstances that cause another person +to: +      (1)   reasonably believe that the replica firearm is actually an operable +firearm; and +      (2)   fear imminent bodily injury from a firearm. +   (c)   It is defense to prosecution under Subsection (b) that the person +displaying or brandishing the replica firearm did so in self defense. +   (d)   A person commits an offense if he displays or brandishes a replica +firearm in any public place within the city. +   (e)   It is a defense to prosecution under Subsection (d) that the replica +firearm was: +      (1)   a non-firing collector replica firearm modeled on a real firearm +and not intended for use as a toy; or +      (2)   a decorative, ornamental, or miniature object having the +appearance, shape, or configuration of a firearm and measuring not more than 38 +millimeters in height and 70 millimeters in length (excluding any gun stock +length measurement), including, but not limited to, an object intended to be +displayed on a desk, worn on a bracelet or necklace, or attached to a keychain; +or +      (3)   being displayed or brandished at a lawfully-operated, contained +location designated for games, events, and activities that involve replica +firearms such as, but not limited to, paintball guns and air soft guns; or +      (4)   being displayed at a lawfully-operated business establishment +authorized to sell merchandise, including replica firearms; or +      (5)   being displayed or brandished as part of an event, performance, +demonstration, or ceremony authorized by the city or sponsored and conducted by +a subdivision of any federal, state, or local government; or +      (6)   being displayed or brandished in the production of a television +program, a theatrical presentation, or a motion picture or other filming event +in the city and written permission was obtained from the city to use the +replica firearm in the production; or +      (7)   being displayed or brandished in a historical reenactment, military +event, or other special event in the city requiring the use of a replica +firearm and written permission was obtained from the city to use the replica +firearm in the event; or +      (8)   being displayed or brandished for the purpose of protecting persons +or property as authorized under Chapter 9 of the Texas Penal Code; or +      (9)   being displayed or brandished by a law enforcement officer or other +government employee or official while acting in the performance of official +duties. +   (f)   A person commits an offense if he: +      (1)   removes or obscures: +         (A)   the blaze orange tip required to be on a replica firearm under +Title 15, Section 5001 of the United States Code; or +         (B)   any other colors or markings required to be on a replica firearm +under city ordinance or federal or state law; or +      (2)   possesses a replica firearm on which the blaze orange tip required +by Title 15, Section 5001 of the United States Code or any other colors or +markings required by city ordinance or state or federal law have been removed +or obscured. +   (g)   A person commits an offense if he, either personally or through an +employee or agent, sells or offers for sale a replica firearm from an ice cream +vending truck or pushcart. +   (h)   The owner, operator, or person in control of an ice cream vending +truck or pushcart commits an offense if a replica firearm is present in or on +the truck or pushcart while it is in the city. +   (i)   A person who violates a provision of this section is guilty of a +separate offense for each day or part of a day during which the violation is +committed, continued, or permitted. Each offense, upon conviction, is +punishable by a fine not to exceed $500. (Ord. Nos. 19855; 26761) +SEC. 31-17.   SPECIFIED SEX OFFENDERS NEAR SCHOOLS AND CHILD-CARE FACILITIES. +   (a)   In this section: +      (1)   CHILD-CARE FACILITY has the meaning given that term in Section +51A-4.204(3)(A) of the Dallas Development Code, as amended. +      (2)   CONTINUAL PATTERN OF UNAUTHORIZED ENTRY means that, on at least two +occasions within the preceding 12-month period, the specified sex offender came +onto the premises of any school or child-care facility or onto a street, +sidewalk, or other public way adjacent to the premises of any school or child- +care facility and was asked to leave by a person in authority. +      (3)   PERSON IN AUTHORITY means the chief administrative officer of the +school or child-care facility, the chief administrative officer’s authorized +agent, or a peace officer. +      (4)   SCHOOL means any public or private school that has a curriculum for +kindergarten, elementary, or secondary education and that exists apart from a +child’s home. +      (5)   SPECIFIED SEX OFFENDER means any person required to register as a +sex offender under Chapter 62 of the Texas Code of Criminal Procedure, as +amended, for a reportable conviction or adjudication of any of the following +violations: +         (A)   Continuous sexual abuse of a young child or children, as +described in Section 21.02 of the Texas Penal Code, as amended. +         (B)   Indecency with a child, as described in Section 21.11 of the +Texas Penal Code, as amended. +         (C)   Sexual assault of a child, as described in Section 22.011 of the +Texas Penal Code, as amended. +         (D)   Aggravated sexual assault of a child, as described in Section +22.021 of the Texas Penal Code, as amended. +         (E)   Online solicitation of a minor, as described in Section 33.021 +of the Texas Penal Code, as amended. +         (F)   Sexual performance by a child, as described in Section 43.25 of +the Texas Penal Code, as amended. +         (G)   Possession or promotion of child pornography, as described in +Section 43.26 of the Texas Penal Code, as amended. +         (H)   Any other violation listed in Article 62.001(5) of the Texas +Code of Criminal Procedure, as amended, involving a victim younger than 17 +years of age. +         (I)   A violation of the laws of another state, federal law, laws of a +foreign country, or the Uniform Code of Military Justice if the violation +contained elements substantially similar to the elements of the violations +described in Subparagraphs (A) through (H) of this paragraph. +   (b)   A person commits an offense if the person is a specified sex offender +and: +      (1)   remains on any part of the premises of a school or child-care +facility or on any street, sidewalk, or other public way adjacent to any part +of the premises of a school or child-care facility after being asked to leave +by a person in authority; +      (2)   reenters onto any part of the premises of a school or child-care +facility or onto any street, sidewalk, or other public way adjacent to any part +of the premises of a school or child-care facility within seven days of being +asked to leave by a person in authority; or +      (3)   has established a continual pattern of unauthorized entry onto the +premises of any school or child-care facility or onto a street, sidewalk, or +other public way adjacent to the premises of any school or child-care facility. +   (c)   It is a defense to prosecution under Subsection (b) that the person: +      (1)   was the parent or guardian of a child attending the school or +child-care facility, unless a court of competent jurisdiction has issued an +order restricting the person’s access to or presence near the child; +      (2)   was at the time of the offense enrolled in and attending the school +as a student; +      (3)   had prior written permission from the chief administrative officer +of the school or child-care facility to be present, at the time of the offense, +on the premises or on the street, sidewalk, or other public way adjacent to the +premises; or +      (4)   was in active transit in a motor vehicle on a public street that +was a direct route between two locations at which the person had legitimate +business. +   (d)   A person who violates a provision of this section is guilty of a +separate offense for each day or part of a day during which the violation is +committed, continued, or permitted. Each offense, upon conviction, is +punishable by a fine not to exceed $500. (Ord. Nos. 22355; 28065) +SEC. 31-17.1.   RESTRICTIONS ON SEX OFFENDERS RESIDING IN THE SAME DWELLING +UNIT. +   (a)   In this section: +      (1)   DWELLING means a structure or building occupied as a residence. +      (2)   DWELLING UNIT means one or more rooms in a single-family, duplex, +townhouse, or multifamily dwelling that: +         (A)   are designed to be a single housekeeping unit to accommodate one +family; and +         (B)   contain one or more kitchens, one or more bathrooms, and one or +more bedrooms. +      (3)   MULTIFAMILY DWELLING means a multifamily use as defined in Section +51A-4.209(b)(5) of the Dallas Development Code, as amended. +      (4)   REGISTERED SEX OFFENDER means any person registered or required to +register as a sex offender under Chapter 62 of the Texas Code of Criminal +Procedure, as amended. +   (b)   A person who is a registered sex offender commits an offense if the +person resides, either temporarily or permanently, in the same dwelling unit +with another registered sex offender. +   (c)   The owner, operator, or person in control of a dwelling unit commits +an offense if he or she, either personally or through an employee or agent, +allows a registered sex offender to reside, either temporarily or permanently, +in the dwelling unit with another registered sex offender. +   (d)   It is a defense to prosecution under Subsection (b) or (c) that: +      (1)   all registered sex offenders residing in the dwelling unit were +related to each other by one or any combination of the following: +         (A)   blood; +         (B)   marriage; +         (C)   adoption; or +         (D)   foster care under a placement program authorized by the Texas +Department of Family and Protective Services pursuant to Chapter 264, +Subchapter B of the Texas Family Code, as amended; +      (2)   the violation for which the sex offender was required to register +was the only sex crime on the sex offender’s record and, at the time of that +violation, the victim in the case was: +         (A)   between 14 and 17 years of age; +         (B)   a willing participant in the sexual activity; and +         (C)   not more than four years younger than the registered sex +offender; or +      (3)   the dwelling unit was a lawfully established and lawfully +operating: +         (A)   halfway house, as defined in Section 51-4.204(5) or +51A-4.204(13) of the Dallas Development Code, as amended; +         (B)   overnight general purpose shelter, as defined in Section +51A-4.205(2.1) of the Dallas Development Code, as amended; +         (C)   homeless assistance center, as defined and authorized in Section +51P-357.108 of the Dallas Development Code, as amended; or +         (D)   institute for special education that holds a valid certificate +of occupancy specifically for that use and that operates a program approved by +the State of Texas for the housing, rehabilitation, and training of criminal +offenders. +   (e)   A person who violates a provision of this section is guilty of a +separate offense for each day or part of a day during which the violation is +committed, continued, or permitted. Each offense, upon conviction, is +punishable by a fine not to exceed $500. (Ord. 28065) +SEC. 31-18.   URINATING OR DEFECATING IN PUBLIC. +   (a)   A person commits an offense if he urinates or defecates: +      (1)   in or on a public street, alley, sidewalk, yard, park, building, +structure, plaza, public or utility right-of-way, or other public place; or +      (2)   in public view. +   (b)   It is a defense to prosecution under this section if the person was in +a restroom. (Ord. 14971) +SEC. 31-19.   SOLICITATION FOR SODOMY - NOT FOR HIRE. +   (a)   In this section SODOMY means any contact between the genitals of one +person and the mouth or anus of another person. +   (b)   A person commits an offense if he solicits another in a public place +to engage with him in sodomy not for hire. +   (c)   A person violating a provision of this section is guilty of an offense +and, upon conviction, will be punished by a fine of not less than $100 and not +more than $500. (Ord. Nos. 14971; 19963) +SEC. 31-20.   SOLICITATION FOR OBSCENE CONDUCT - NOT FOR HIRE. +   (a)   In this section OBSCENE CONDUCT means the touching or displaying of +the anus or any part of the genitals of another person or the breast of a +female 10 years or older. +   (b)   A person commits an offense if he solicits another person in a public +place to engage with him in obscene conduct not for hire. +   (c)   A person violating a provision of this section is guilty of an offense +and, upon conviction, will be punished by a fine of not less than $100 and not +more than $500. (Ord. Nos. 14971; 15208; 19963) +SEC. 31-21.   SOLICITATION IN FOOD AND DRINK ESTABLISHMENT. +   (a)   In this section ESTABLISHMENT means a hotel, motel, night club, +cabaret, bar, lounge, tavern, coffee house, theater, arcade, restaurant, café, +cafeteria, sandwich shop, lunch counter, dining room, or other place of public +accommodation, amusement, recreation, or entertainment not subject to the +provisions of the Texas Liquor Control Act. +   (b)   A person commits an offense if while on the premises of an +establishment which sells or offers for sale food or beverages for consumption +on the premises: +      (1)   as the owner, corporate officer, operator, manager, agent, servant, +or employee of the establishment he solicits a person to buy food or a beverage +for consumption on the premises by an owner, corporate officer, operator, +manager, or employee of the establishment; or +      (2)   as owner, corporate officer, operator, manager, or other person +having control of the establishment, he intentionally or knowingly permits an +employee of the establishment to solicit a person to buy food or a beverage for +consumption on the premises by an owner, corporate officer, operator, manager, +or employee of the establishment. +   (c)   A person violating a provision of this section is guilty of an offense +and, upon conviction, will be punished by a fine not less than $100 and not +more than $500. (Ord. Nos. 14971; 15573; 19963) +SEC. 31-22.   REGULATIONS FOR PUBLIC SPEECHES IN STONE PLACE, FOUR-WAY PLACE +AND BULLINGTON STREET MALL. +   (a)   In this section LEGAL HOLIDAY means New Year’s Day, Memorial Day, +Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. +   (b)   A person commits an offense if he: +      (1)   uses a portion of Stone Place, Four-Way Place or the Bullington +Street Mall for the purpose of a demonstration, entertainment, or speech +between the hours of 7:00 a.m. and 7:00 p.m. on any day except Sunday and legal +holidays, without first obtaining a permit from the chief of police; +      (2)   uses an area outside of, but within 100 feet of, an entrance to +Stone Place, Four-Way Place or the Bullington Street Mall for the purpose of a +demonstration, entertainment, or speech, between the hours of 7:00 a.m. and 7: +00 p.m. of any day except Sunday and legal holidays; or +      (3)   while using Stone Place, Four-Way Place, or the Bullington Street +Mall, for the purpose of a demonstration, entertainment, or speech creates a +sound pressure level equal to or in excess of the following decibel limits +specified in the designated octave bands: +  +Octave Band 37 75 150 300 600 1200 2400 4800 A +(cps) 75 150 300 600 1200 2400 4800 9600 Scale +Decibel Band Limit (db re 0.0002 80 68 61 55 51 48 45 43 56 +Micro-bar) +NOTE: A Scale levels are provided for monitoring purposes only. Noise +measurements are made in the same manner as provided in the Environmental +Performance Standards of the Dallas Development Code. +  +   (c)   The chief of police is authorized to issue permits for demonstrations, +entertainment, or speeches in Stone Place, Four-Way Place, or the Bullington +Street Mall when application is made in writing. The permit will state the date +and time of use and the purpose and manner of use, and a permittee shall act in +accordance with the provisions of the permit. +   (d)   The chief of police shall limit permits issued to the following +periods: +      Period A - from 7:00 a.m. to 9:00 a.m. +      Period B - from 9:00 a.m. to 11:00 a.m. +      Period C - from 1:00 p.m. to 3:00 p.m. +      Period D - from 3:00 p.m. to 5:00 p.m. +      Period E - from 5:00 p.m. to 7:00 p.m. +The chief of police shall issue a permit for only one time period per day to +each person or organization applying and shall issue the permit for a +particular time and designated location, i.e. Stone Place, Four-Way Place, or +the Bullington Street Mall, to the first applicant making proper application +for that time and location. No permit may be issued for the period of time +between 11:00 a.m. and 1:00 p.m. +   (e)   The chief of police shall issue only one permit for each location +during a single time period. +   (f)   If a permittee commits an offense under this section or violates a +provision of the permit, the chief of police shall revoke the permit. If the +chief of police denies or revokes a permit, the appeal procedure described in +Section +28-192 of this code applies. +   (g)   A permit issued pursuant to this section does not authorize a person +to obstruct or cause obstruction of a sidewalk, entrance, or exit to which the +public has access nor does it authorize the violation of other provisions of +this code. (Ord. Nos. 14971; 15472; 19455) +SEC. 31-22.1.   REGULATIONS FOR PUBLIC SPEECHES IN PUBLIC AREAS SURROUNDING +THANKSGIVING SQUARE. +   (a)    In this section PUBLIC AREA SURROUNDING THANKSGIVING SQUARE +(sometimes referred to as Thanks-Giving Square Surrounding Area) means the +public streets and sidewalks between the private property lines of Block 476 of +the city and the boundary lines of private property opposite Block 476 on Bryan +Street (Blocks 233 and 237), Ervay Street (Block 477), and Pacific Avenue +(Block 75). The land within the boundaries of Thanks-Giving Square situated on +Block 476 is private property. +   (b)   A person commits an offense if he: +      (1)   uses a portion of the public area surrounding Thanks-Giving Square +for the purpose of a demonstration, entertainment, or speech between the hours +of 7:00 a.m. and 9:00 p.m. on any day, without first obtaining a permit from +the chief of police; or +      (2)   while using the public area surrounding Thanks-Giving Square for +the purpose of a demonstration, entertainment, or speech creates a sound +pressure level equal to or in excess of the following decibel limits specified +in the designated octave bands: +  +Octave Band 37 75 150 300 600 1200 2400 4800 A +(cps) 75 150 300 600 1200 2400 4800 9600 Scale +Decibel Band Limit (db re 0.0002 80 68 61 55 51 48 45 43 56 +Micro-bar) +NOTE: A Scale levels are provided for monitoring purposes only. Noise +measurements are made in the same manner as provided in the Environmental +Performance Standards of the Dallas Development Code. +  +   (c)   The chief of police is authorized to issue permits for demonstrations, +entertainment, or speeches in the public area surrounding Thanks-Giving Square +when application is made in writing. The permit will state the date and time of +use and the purpose and manner of use, and a permittee shall act in accordance +with the provisions of the permit. +   (d)   The chief of police shall limit permits issued to the following +periods: +      Period A - from 7:00 a.m. to 9:00 a.m. +      Period B - from 9:00 a.m. to 11:00 a.m. +      Period C - from 1:00 p.m. to 3:00 p.m. +      Period D - from 3:00 p.m. to 5:00 p.m. +      Period E - from 5:00 p.m. to 7:00 p.m. +      Period F - from 7:00 p.m. to 9:00 p.m. +The chief of police shall issue a permit for only one time period per day to +each person or organization applying and shall issue the permit for a +particular time to the first applicant making proper application for that time. +No permit may be issued for the period of time between 11:00 a.m. and 1:00 p.m. +   (e)   The chief of police shall issue only one permit during a single time +period. The chief of police shall inquire about activities planned to take +place on Thanks-Giving Square and shall take care not to issue a permit for an +activity that will conflict with an activity planned on the square. +   (f)   If a permittee commits an offense under this section or violates a +provision of the permit, the chief of police shall revoke the permit. If the +chief of police denies or revokes a permit, the appeal procedure described in +Section +28-192 of this code applies. +   (g)   A permit issued pursuant to this section does not authorize a person +to obstruct or cause obstruction of a sidewalk, entrance, or exit to which the +public has access nor does it authorize the violation of other provisions of +this code. (Ord. Nos. 15472; 19455) +SEC. 31-23.   UNAUTHORIZED USE OF CITY SEAL OR OTHER INSIGNIA. +   A person commits an offense if he uses the official flag, seal, shield, +service mark, badge, or other insignia of the city or a department of the city +or a facsimile of the flag, seal, shield, service mark, badge, or other +insignia of the city or a department of the city: +      (1)   for a commercial purpose; or +      (2)   to signify sponsorship or approval by an agency or department of +the city; +without first obtaining express written authorization from the city manager. +(Ord 14971) +SEC. 31-24.   RESERVED. +   (Repealed by Ord. 19196) +SEC. 31-25.   PROHIBITING RELEASE OF RATS; DEFENSES. +   (a)   A person commits an offense if he: +      (1)   possesses a live rat in captivity; or +      (2)   releases a live rat from captivity. +   (b)   It is a defense to prosecution under Subsection (a)(1) that: +      (1)   the actor possessed the live rat for the purpose of bona fide +scientific experimentation; or +      (2)   the rat is trained and kept as a pet. (Ord. 15234) +SEC. 31-26.   RESERVED. +   (Repealed by Ord. 19196) +SEC. 31-27.   MANIFESTING THE PURPOSE OF ENGAGING IN PROSTITUTION. +   (a)   A person commits an offense if he loiters in a public place in a +manner and under circumstances manifesting the purpose of inducing, enticing, +soliciting, or procuring another to commit an act of prostitution. Among the +circumstances which may be considered in determining whether such purpose is +manifested: that such person is a known prostitute or panderer, repeatedly +beckons to, stops or attempts to stop, or engages passers-by in conversation, +or repeatedly stops or attempts to stop motor vehicle operators by hailing, +waving of arms, or any other bodily gesture. No arrest shall be made for a +violation of this subsection unless the arresting officer first affords such +person an opportunity to explain such conduct, and no one shall be convicted of +violating this subsection if it appears at trial that the explanation given was +true and disclosed a lawful purpose. +   (b)   For the purpose of this section, a “known prostitute or panderer” is a +person who, within one year previous to the date of arrest for violation of +this section, has within the knowledge of the arresting officer been convicted +of prostitution, promotion of prostitution, aggravated promotion of +prostitution, or compelling prostitution. +   (c)   The definition of prostitution in the Texas Penal Code shall apply to +this section. (Ord. 15247) +SEC. 31-28.   FAILURE TO DISCLOSE REPRESENTATION. +   (a)   A person commits an offense if, for compensation, he represents the +interest of another by personal appearance before the city council or any board +or commission of the city, and fails to disclose the fact of such +representation and the name or names of the person or persons so represented. +   (b)   In this section: +      (1)   PERSON means an individual, committee, club, or other organization, +or a group of persons who are voluntarily acting in concert. +      (2)   COMPENSATION means money, service, facility, or thing of value or +financial benefit which is received or to be received in return for or in +connection with services rendered or to be rendered. (Ord. 15597) +SEC. 31-29.   DIALING 9-1-1 WHEN NO EMERGENCY EXISTS. +   (a)   A person commits an offense if he knowingly dials a 9-1-1 emergency +telephone number when no emergency exists. +   (b)   A person is presumed to have dialed a 9-1-1 emergency telephone number +if the telephone from which the number is dialed is listed in his name with the +local telephone company. (Ord. 19889) +SEC. 31-30.   MANIFESTING THE PURPOSE OF SELLING ILLEGAL DRUGS AND CHEMICALS. +   (a)   A person commits an offense if he loiters in a public place in a +manner and under circumstances manifesting the purpose of selling any illegal +controlled substance, dangerous drug, simulated controlled substance, or +volatile chemical. Among the circumstances that may be considered in +determining whether such a purpose is manifested are: +      (1)   the person is a known drug dealer; +      (2)   the person is at a location frequented by persons who use, possess, +or sell drugs; +      (3)   the person repeatedly engages in conversation with passers-by, +whether on foot or in a vehicle; or +      (4)   the person repeatedly passes to or receives from passers-by, +whether on foot or in a vehicle, money, objects, or written material. +   (b)   No arrest shall be made for a violation of Subsection (a) unless the +arresting officer first affords the person an opportunity to explain his +conduct, and no one shall be convicted of violating Subsection (a) if it +appears at trial that the explanation given was true and disclosed a lawful +purpose. +   (c)   For the purpose of this section, a “known drug dealer” is a person +who, within one year previous to the date of arrest for violation of this +section, has within the knowledge of the arresting officer been convicted of +the manufacture, sale, or delivery of any illegal controlled substance, +dangerous drug, simulated controlled substance, or volatile chemical. (Ord. +Nos. 20052; 20076) +SEC. 31-31.   PROHIBITING FREE DISTRIBUTION OF TOBACCO PRODUCTS IN PUBLIC +PLACES. +   A person commits an offense if, for any commercial purpose, he distributes +any cigarette or other tobacco or smoking product free to any person in or on +any public street, sidewalk, park, playground, building, or other public place. +(Ord. 20781) +SEC. 31-32.   SOLICITATION TO PURCHASE A PROHIBITED SUBSTANCE. +   (a)   In this section: +      (1)   CONTROLLED SUBSTANCE has the same meaning ascribed to the term by +Section 481.002 of the Texas Health and Safety Code, as amended. +      (2)   CONTROLLED SUBSTANCE ANALOGUE has the same meaning ascribed to the +term by Section 481.002 of the Texas Health and Safety Code, as amended. +      (3)   DANGEROUS DRUG has the same meaning ascribed to the term by Section +483.001 of the Texas Health and Safety Code, as amended. +      (4)   PROHIBITED SUBSTANCE means a controlled substance, controlled +substance analogue, dangerous drug, volatile chemical, or any combination of +those substances. +      (5)   VOLATILE CHEMICAL means any chemical or isomar of a chemical listed +in Section 484.002 of the Texas Health and Safety Code, as amended. +   (b)   A person commits an offense if, with intent to acquire a prohibited +substance, he requests, commands, or attempts to induce another to sell, +donate, or otherwise transfer or deliver a prohibited substance to the person. +   (c)   A person may not be convicted under this section unless: +      (1) the testimony of the person allegedly solicited is corroborated; and +      (2) the solicitation is made under circumstances strongly corroborative +of both the solicitation itself and the person’s intent that the other person +act on the solicitation. +   (d)   It is no defense to prosecution under this section that: +      (1)   no monetary or other consideration was tendered to the person +solicited; or +      (2)   the person solicited was unable or unwilling to transfer or deliver +a prohibited substance. +   (e)   It is an affirmative defense to any prosecution under this section +that the solicitation was made: +      (1)   in furtherance of a transaction that would not constitute a +violation of any applicable law; or +      (2)   by a peace officer, federal law enforcement officer, or other law +enforcement agent acting in the lawful discharge of an official duty. +   (f)   An offense under this section is punishable by a fine of not less than +$100 nor more than $2,000. +   (g)   Any conduct proscribed under this section that is also an offense +under state law shall not be prosecuted under this section, but shall be +prosecuted pursuant to, and punishable as provided by, the applicable state +law. An offense under this section is not a lesser included offense under +Chapter 481, 483, or 484 of the Texas Health and Safety Code. (Ord. 20795) +SEC. 31-32.1.   ILLEGAL SMOKING PRODUCTS AND RELATED PARAPHERNALIA PROHIBITED. +   (a)   In this section: +      (1)   ILLEGAL SMOKING PARAPHERNALIA means any equipment, device, or +utensil that is used or intended to be used in ingesting, inhaling, or +otherwise introducing into the human body an illegal smoking product, which +paraphernalia includes but is not limited to: +         (A)   a metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe +with or without a screen, permanent screen, hashish head, or punctured metal +bowl; +         (B)   a water pipe; +         (C)   a carburetion tube or device; +         (D)   a smoking or carburetion mask; +         (E)   a chamber pipe; +         (F)   a carburetor pipe; +         (G)   an electric pipe; +         (H)   an air-driven pipe; +         (I)   a chillum; +         (J)   a bong; or +         (K)   an ice pipe or chiller. +      (2)   ILLEGAL SMOKING PRODUCT means any substance, however labeled and +regardless of whether the substance is marketed for the purpose of being +smoked, which includes any one or more of the following chemicals: +         (A)   Salvia divinorum, including: +            (i)   all parts of the plant, whether growing or not; +            (ii)   the seeds of the plant; +            (iii)   any extract from any part of the plant; and +            (iv)   any compound, salt, derivative, mixture, or preparation of +the plant, its seeds, or its extracts, including Salvinorin A; +         (B)   2-[(1R,3S)-3-hydroxycyclo-hexyl]-5- (2-methyloctan-2-yl)phenol +(also known as CP47, 497) and homologues; +         (C)   [(6aS,10aS)-9-(hydroxy-methyl)-6,6- dimethyl-3-(2-methyloctan-2- +yl)-6a, 7,10,10a- tetrahydrobenzo[c]chromen-1-ol] (also known as HU- 211 or +Dexanabinol); +         (D)   1-pentyl-3-(1-napthoyl)indole (also known as JWH-018); +         (E)   1-butyl-3-(1-napthoyl)indole (also known as JWH-073); or +         (F)   1-pentyl-3-(4-methoxynaph- tholy)indole (also known as JWH-081). +   (b)   A person commits an offense if, in the city, he: +      (1)   possesses, buys, sells, offers for sale, delivers, or transfers any +illegal smoking product; +      (2)   causes any illegal smoking product to be sold, delivered, or +transferred to another person; +      (3)   uses, inhales, ingests, or otherwise introduces into his body any +illegal smoking product; or +      (4)   uses or possesses with the intent to use any illegal smoking +paraphernalia to inhale, ingest, or otherwise introduce into his body any +illegal smoking product. +   (c)   It is a defense to prosecution under this section that an illegal +smoking product or illegal smoking paraphernalia was: +      (1)   in the possession of a peace officer, or a person acting under the +authority of a peace officer, acting in the performance of official duties; +      (2)   in the possession of or being used by a governmental entity for a +health, research, education, or similar program; +      (3)   in the possession of or being used by a medical, educational, or +research institute operating in compliance with all applicable city ordinances +and state and federal laws; +      (4)   possessed or used by a person under a prescription issued by a +licensed physician or dentist authorized to prescribe controlled substances in +the State of Texas; or +      (5)   possessed or used by a person as part of a bona fide religious +ritual or ceremony. +   (d)   A person violating a provision of this section is, upon conviction, +punishable by a fine not to exceed $2,000. A person commits a separate offense +for each day or part of a day during which a violation is committed, continued, +or permitted. +   (e)   The culpable mental state required for the commission of an offense +under this section is governed by Section +1-5.1 of this code. (Ord. 27960) +SEC. 31-33.   CURFEW HOURS FOR MINORS. +   (a)   Definitions. In this section: +      (1)   CURFEW HOURS means: +         (A)   11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or +Thursday until 6:00 a.m. of the following day; +         (B)   12:01 a.m. until 6:00 a.m. on any Saturday or Sunday; and +         (C)   9:00 a.m. until 2:30 p.m. on any Monday, Tuesday, Wednesday, +Thursday, or Friday. +      (2)   EMERGENCY means an unforeseen combination of circumstances or the +resulting state that calls for immediate action. The term includes, but is not +limited to, a fire, a natural disaster, an automobile accident, or any +situation requiring immediate action to prevent serious bodily injury or loss +of life. +      (3)   ESTABLISHMENT means any privately-owned place of business operated +for a profit to which the public is invited, including but not limited to any +place of amusement or entertainment. +      (4)   GUARDIAN means: +         (A)   a person who, under court order, is the guardian of the person +of a minor; or +         (B)   a public or private agency with whom a minor has been placed by +a court. +      (5)   IN SESSION means the status of a school during the fall or spring +term when students are required to attend the school. A school is not in +session during its summer break or during any holiday or other scheduled +general student vacation day or part of a day observed by the school. +      (6)   MINOR means any person under 17 years of age. +      (7)   OPERATOR means any individual, firm, association, partnership, or +corporation operating, managing, or conducting any establishment. The term +includes the members or partners of an association or partnership and the +officers of a corporation. +      (8)   PARENT means a person who is: +         (A)   a natural parent, adoptive parent, or step-parent of another +person; or +         (B)   at least 18 years of age and authorized by a parent or guardian +to have the care and custody of a minor. +      (9)   PUBLIC PLACE means any place to which the public or a substantial +group of the public has access and includes, but is not limited to, streets, +highways, and the common areas of schools, hospitals, apartment houses, office +buildings, transport facilities, and shops. +      (10)   REMAIN means to: +         (A)   linger or stay; or +         (B)   fail to leave premises when requested to do so by a police +officer or the owner, operator, or other person in control of the premises. +      (11)   SERIOUS BODILY INJURY means bodily injury that creates a +substantial risk of death or that causes death, serious permanent +disfigurement, or protracted loss or impairment of the function of any bodily +member or organ. +   (b)   Offenses. +      (l)   A minor commits an offense if the minor remains in any public place +or on the premises of any establishment within the city during curfew hours. +      (2)   A parent or guardian of a minor commits an offense if the parent or +guardian knowingly permits, or by insufficient control allows, the minor to +remain in any public place or on the premises of any establishment within the +city during curfew hours. +      (3)   The owner, operator, or any employee of an establishment commits an +offense if the owner, operator, or employee knowingly allows a minor to remain +upon the premises of the establishment during curfew hours. +   (c)   Defenses. +      (l)   It is a defense to prosecution under Subsection (b) that the minor +was: +         (A)   accompanied by the minor's parent or guardian; +         (B)   on an errand at the direction of the minor's parent or guardian, +without any detour or stop; +         (C)   in a motor vehicle involved in interstate travel; +         (D)   engaged in an employment activity, or going to or returning home +from an employment activity, without any detour or stop; +         (E)   involved in an emergency; +         (F)   on the sidewalk abutting the minor's residence or abutting the +residence of a next-door neighbor if the neighbor did not complain to the +police department about the minor's presence, except that this defense does not +apply to a violation of the curfew hours described in Subsection (a)(l)(C) of +this section; +         (G)   attending an official school, religious, community engagement, +or other recreational activity supervised by adults and sponsored by the city +of Dallas, a civic organization, or another similar entity that takes +responsibility for the minor, or going to or returning home from, without any +detour or stop, an official school, religious, community engagement, or other +recreational activity supervised by adults and sponsored by the city of Dallas, +a civic organization, or another similar entity that takes responsibility for +the minor; +          (H)   exercising First Amendment rights protected by the United +States Constitution, such as the free exercise of religion, freedom of speech, +and the right of assembly; or +         (I)   married or had been married or had disabilities of minority +removed in accordance with Chapter 31 of the Texas Family Code. +      (2)   It is a defense to prosecution under Subsection (b)(3) that the +owner, operator, or employee of an establishment promptly notified the police +department that a minor was present on the premises of the establishment during +curfew hours and refused to leave. +      (3)   It is a defense to prosecution under Subsection (b) of this section +for a violation of the curfew hours described in Subsection (a)(l)(C) that: +         (A)   the school in which the minor was enrolled or otherwise required +to attend was not in session; +         (B)   the minor was on the premises of the school in which the minor +was enrolled or otherwise required to attend; +         (C)   the minor was participating in a school-approved work study +program, or was going to the work study program or returning to home or school +from the workstudy program without any detour or stop; +         (D)   the minor was on a lunch break from a school that permits an +open campus lunch and was qualified to participate in the open campus lunch +program; +         (E)   the minor was on an excused absence from the school in which the +minor was enrolled or otherwise required to attend and had permission from a +school official, or, in the case of a home-schooled minor, from the minor's +parent or guardian; or +         (F)   the minor was a high school graduate or had received a high +school equivalency certificate. +   (d)   Enforcement. +      (1)   Before taking any enforcement action under this section, a police +officer shall ask the apparent offender's age and reason for being in the +public place. The officer shall provide two verbal warnings in advisement of +the juvenile curfew upon first contact with a minor. The officer shall then +attempt to contact the minor's parent or guardian. The officer then may +transport the minor home without taking enforcement action. If a minor has been +previously contacted on a violation of Subsection (b)(1), the officer shall +only issue a citation for an appearance in community court. The officer shall +not issue a citation under this section unless the officer reasonably believes +that an offense has occurred and that, based on any response and other +circumstances, no defense in Subsection (c) is present. +      (2)   A police officer shall not issue a citation to a parent or guardian +of a minor for a violation of Subsection (b)(2) of this section, unless the +parent or guardian has, within the same calendar year, received at least two +prior written warnings from a police officer for a violation of Subsection (b) +(2) that are documented in an incident report. In calculating the number of +warnings received by a parent or guardian in a calendar year, all warnings +issued to the parent or guardian that are documented in an incident report will +be counted, regardless of whether the warnings relate to the same minor. If, +within the same calendar year, the parent or guardian has received two written +warnings from a police officer for a violation of Subsection (b)(2) that are +documented in an incident report, the officer may only issue a citation for an +appearance in community court. +      (3)   A police officer shall not issue a citation to or arrest an owner, +operator, or employee of an establishment for a violation of Subsection (b)(3) +of this section, unless the owner, operator, or employee of the establishment +has, within the same calendar year, received at least two prior written +warnings from a police officer for a violation of Subsection (b)(3). In +calculating the number of warnings received by an owner, operator, or employee +of an establishment in a calendar year, all warnings issued to the same +individual will be counted, regardless of whether the warnings relate to the +same minor. +   (e)   Penalties. +      (l)   A person who violates a provision of this chapter is guilty of a +separate offense for each day or part of a day during which the violation is +committed, continued, or permitted. Each offense, upon conviction, is +punishable by a fine not to exceed $50. +      (2)   When required by Section 51.08 of the Texas Family Code, as +amended, the municipal court shall waive original jurisdiction over a minor who +violates Subsection (b)(l) of this section and shall refer the minor to +juvenile court. +   (f)   Expiration. This section expires on March 4, 2025, unless sooner +modified, terminated, or extended by city council ordinance. (Ord. Nos. 20966; +21309; 23079; 24235; 25231; 26336; 27527; 27538; 28639; 29985; 31135; 32154) +SEC. 31-34.   PICKETING IN RESIDENTIAL AREAS. +   (a)   In this section: +      (1)   DIRECTED OR FOCUSED AT means that a particular residence or any of +its occupants has been made the object of picketing. +      (2)   PICKET means to station or post one or more persons to apprise the +public vocally or by standing or marching with signs, banners, or other means, +of an opinion or a message. +      (3)   RESIDENCE means a single-family, duplex, or multi-family dwelling. +   (b)   A person commits an offense if he pickets within the city on any +public street, sidewalk, alley, or other public property within 200 feet of the +property line of the premises of a residence when the picketing is directed or +focused at that particular residence or any of its occupants. +   (c)   Before a person may be arrested or issued a citation for a violation +of Subsection (b), the person must have been ordered to move, disperse, or +otherwise remedy the violation by: +      (1)   a peace officer; +      (2)   a member of the fire department; +      (3)   a person with authority to control the use of the residence being +picketed; or +      (4)   any other person directly affected by the violation. +   (d)   It is a defense to prosecution under Subsection (b) that the person: +      (1)   was not given an order as required by Subsection (c); +      (2)   was given an order that was manifestly unreasonable in scope; or +      (3)   promptly obeyed the order given. (Ord. 21667) +SEC. 31-35.   SOLICITATION BY COERCION; SOLICITATION NEAR DESIGNATED LOCATIONS +AND FACILITIES; SOLICITATION AFTER SUNSET; SOLICITATION-FREE ZONES. +   (a)   In this section: +      (1)   AUTOMATED TELLER MACHINE means a machine, other than a telephone: +         (A)   that is capable of being operated by a customer of a financial +institution; +         (B)   by which the customer may communicate to the financial +institution a request to withdraw a benefit for the customer or for another +person directly from the customer’s account or from the customer’s account +under a line of credit previously authorized by the financial institution for +the customer; and +         (C)   the use of which may or may not involve personnel of a financial +institution. +      (2)   CENTRAL BUSINESS DISTRICT SOLICITATION-FREE ZONE means the area of +the city bounded by Woodall Rodgers Freeway on the north, Central Expressway +(elevated bypass) on the east, R. L. Thornton Freeway on the south, and +Stemmons Freeway on the west. +      (3)   COERCION means: +         (A)   to approach or speak to a person in such a manner as would cause +a reasonable person to believe that the person is being threatened with: +            (i)   imminent bodily injury; or +            (ii)   the commission of a criminal act upon the person or another +person, or upon property in the person’s immediate possession; +         (B)   to persist in a solicitation after the person solicited has +given a negative response; +         (C)   to block, either individually or as part of a group of persons, +the passage of a solicited person; or +         (D)   to engage in conduct that would reasonably be construed as +intended to compel or force a solicited person to accede to demands. +      (4)   DEEP ELLUM SOLICITATION-FREE ZONE means the area bounded by and +including the following streets or portions of streets: +  +STREET EXTENT +Good-Latimer Expressway Elm Street to Canton Street +Canton Street Good-Latimer Expressway to Hall Street +Hall Street Canton Street to Elm Street +Elm Street Hall Street to Good-Latimer Expressway +  +      (5)   EXTERIOR PUBLIC PAY TELEPHONE means any coin or credit card reader +telephone that is: +         (A)   installed or located anywhere on a premises except exclusively +in the interior of a building located on the premises; and +         (B)   accessible and available for use by members of the general +public. +      (6)   FIXED FOOD ESTABLISHMENT means a food establishment, as defined in +Section +17-1.5 of this code, that is operated from a fixed facility. +      (7)   PUBLIC TRANSPORTATION STOP means an area officially marked and +designated as a place to wait for a bus, a light rail vehicle, or any other +public transportation vehicle that is operated on a scheduled route with +passengers paying fares on an individual basis. +      (8)   SELF-SERVICE CAR WASH means a structure: +         (A)   at which a vehicle may be manually washed by its owner or +operator with equipment that is activated by the deposit of money in a coin- +operated machine; and +         (B)   that is accessible and available for use by members of the +general public. +      (9)   SELF-SERVICE FUEL PUMP means a fuel pump: +         (A)   from which a vehicle may be manually filled with gasoline or +other fuel directly by its owner or operator, without the aid of an employee or +attendant of the premises at which the fuel pump is located; and +         (B)   that is accessible and available for use by members of the +general public. +      (10)   SOLICITATION means to ask, beg, solicit, or plead, whether orally +or in a written or printed manner, for the purpose of receiving contributions, +alms, charity, or gifts of items of value for oneself or another person. +      (11)   SUNRISE means the time of day published on the weather page of the +Dallas Morning News as the time for sunrise on a particular day in the city. +      (12)   SUNSET means the time of day published on the weather page of the +Dallas Morning News as the time for sunset on a particular day in the city. +      (13)   UPTOWN SOLICITATION-FREE ZONE means the area bounded by and +including the following streets or portions of streets: +STREET EXTENT +STREET EXTENT +Akard Street Woodall Rogers Freeway to Cedar Springs Road +Cedar Springs Road Akard Street to McKinnon Street +McKinnon Street Cedar Springs Road to the Katy Trail +Katy Trail McKinnon Street to Cambrick Street +Cambrick Street Katy Trail to Central Expressway +Central Expressway Cambrick Street to Woodall Rogers Freeway +Woodall Rogers Freeway Central Expressway to Akard Street +  +      (14)   VICTORY SOLICITATION-FREE ZONE means the area bounded by and +including the following streets or portions of streets: +  +STREET EXTENT +Harry Hines Boulevard Dallas North Tollway to N. Field Street +N. Field Street Harry Hines Boulevard to Caroline Street +Caroline Street N. Field Street to Woodall Rogers Freeway +Woodall Rogers Freeway Caroline Street to Stemmons Freeway +Stemmons Freeway Woodall Rogers Freeway to the Dallas North Tollway +Dallas North Tollway Stemmons Freeway to Harry Hines Boulevard +  +   (b)   A person commits an offense if he conducts a solicitation by coercion. +   (c)   A person commits an offense if he conducts a solicitation in any +outdoor area in the city at any time between sunset and sunrise on any day of +the week. It is a defense to prosecution under this subsection if the +solicitation: +      (1)   consisted exclusively of passive, nonverbal acts; or +      (2)   was being conducted on property with the advance written permission +of the owner, manager, or other person in control of the property. +   (d)   Solicitation-free zones. +      (1)   A person commits an offense if he conducts a solicitation at any +time in any outdoor area located within any of the following solicitation-free +zones: +         (A)   Central Business District solicitation-free zone. +         (B)   Deep Ellum solicitation-free zone. +         (C)   Uptown solicitation-free zone. +         (D)   Victory solicitation-free zone. +      (2)   It is a defense to prosecution under this subsection if the +solicitation was being conducted on property with the advance written +permission of the owner, manager, or other person in control of the property. +   (e)   A person commits an offense if he conducts a solicitation to any +person placing or preparing to place money in a parking meter. +   (f)   A person commits an offense if he conducts any solicitation within 25 +feet of: +      (1)   an automated teller machine; +      (2)   an entrance or exit of a bank, credit union, or other similar +financial institution; +      (3)   an exterior public pay telephone; +      (4)   a self-service car wash; +      (5)   a self-service fuel pump; +      (6)   a public transportation stop; or +      (7)   an outdoor dining area of a fixed food establishment. +   (g)   For purposes of Subsection (f), measurement will be made in a straight +line, without regard to intervening structures or objects, from the nearest +point at which a solicitation is being conducted to whichever is applicable of +the following: +      (1)   the nearest entrance or exit of a facility in which an automated +teller machine is enclosed or, if the machine is not enclosed in a facility, to +the nearest part of the automated teller machine; +      (2)   the nearest entrance or exit of a bank, credit union, or other +similar financial institution; +      (3)   the nearest part of an exterior public pay telephone; +      (4)   the nearest part of the structure of a self- service car wash; +      (5)   the nearest part of a self-service fuel pump; +      (6)   the nearest point of any sign or marking designating an area as a +public transportation stop; or +      (7)   the nearest part of any table in an outdoor dining area or, if the +outdoor dining area is contained within an enclosure, the nearest part of that +enclosure. +   (h)   In addition to any enforcement action by a peace officer for a +violation of this section, any person who is a victim of a solicitation +prohibited under Subsection (b), (c), (d), (e), or (f), or who witnesses a +violation of Subsection (c), (d), (e), or (f), may file a complaint with the +city attorney. Evidence to support a conviction for a violation of this section +may include, but is not limited to, testimony of witnesses, videotape evidence +of the violation, and other admissible evidence. +   (i)   An offense under this section is punishable by a fine not to exceed +$500. (Ord. Nos. 21030; 25213; 26738; 28075) +SEC. 31-36.   MENACING ANOTHER PERSON. +   (a)   In this section, BODILY INJURY and SERIOUS BODILY INJURY have the +meaning given each term, respectively, in Section 1.07 of the Texas Penal Code, +as amended. +   (b)   A person commits an offense if he intentionally places or attempts to +place another person in fear of bodily injury, serious bodily injury, or death +by: +      (1)   following the other person on two or more occasions; or +      (2)   over a period of time, engaging in a course of conduct or +committing two or more specific acts against the other person that would cause +a reasonable person to fear bodily injury, serious bodily injury, or death. +(Ord. 21443) +SEC. 31-37.   HOURS OF CLOSURE FOR CERTAIN CITY PROPERTY. +   (a)   In this section: +      (1)   CENTRAL LIBRARY GROUNDS means the grounds surrounding the J. Erik +Jonsson central library bounded by Wood Street on the north, Ervay Street on +the east, Young Street on the south, and the property line wall located +approximately 340 feet west of Ervay Street on the west. +      (2)   CITY HALL PLAZA means the grounds surrounding city hall bounded by +Young Street on the north, Ervay Street on the east, Canton Street on the +south, and Akard Street on the west. +      (3)   CONVENTION CENTER GROUNDS means the grounds, including Pioneer +Plaza, surrounding the Dallas convention center that are contained within the +following boundaries: +      Beginning at the intersection of Young Street and Akard Street; +      West on Young Street to Griffin Street; +      South on Griffin Street approximately 407 feet; +      West in a straight line for approximately 863 feet to the Jefferson +Boulevard Viaduct; +      Southwest on the Jefferson Boulevard Viaduct to the Union Pacific +Railroad; +      Southeast along the Union Pacific Railroad to Horton Street; +      Northeast on Horton Street to Lamar Street; +      Northwest on Lamar Street to Memorial Drive; +      East on Memorial Drive to Griffin Street; +      Southeast on Griffin Street to Canton Street; +      Northeast on Canton Street to Akard Street; +      North on Akard Street to Young Street at the point of beginning. +   (b)   The following city property will be closed to the public each day from +12:00 midnight until 5:00 a.m.: +      (1)   the city hall plaza; +      (2)   the convention center grounds; and +      (3)   the central library grounds. +   (c)   A person commits an offense if he is on the premises of a city +property designated in Subsection (b) during hours in which the property is +closed. +   (d)   It is a defense to prosecution under Subsection (c) that the person +was: +      (1)   attending or working at a special event, activity, convention, or +program that was being conducted with city authorization on the city property +or subsequently leaving the event, activity, convention, or program within a +reasonable time after it had ended for the day; +      (2)   on the city property in accordance with the terms of a lease, +rental agreement, contract, or other written permission from the city; or +      (3)   a city employee or a law enforcement officer in the performance of +official duties. (Ord. 22036) +SEC. 31-38.   DUTY OF PROPERTY OWNER TO REMOVE GRAFFITI. +   (a)   In this section: +      (1)   DIRECTOR means the director of the department designated by the +city manager to enforce and administer this section or the director’s +authorized representative. +      (2)   GRAFFITI means any marking, including, but not limited to, any +inscription, slogan, drawing, painting, symbol, logo, name, character, or +figure, that is made in any manner on tangible property. +      (3)   OWNER means any person with the legal right of possession to +tangible property. +   (b)   An owner of any tangible property in the city commits an offense if he +fails to remove all graffiti from the property that is visible from any public +property or right-of-way or from any private property other than the property +on which the graffiti exists. +   (c)   Before issuing a citation for a violation under Subsection (b) of this +section, the director shall serve the property owner with written notice to +remove the graffiti from the property within 15 calendar days after the date +the notice is served. The notice may be served by handing it to the owner in +person or by United States certified mail, five-day return receipt requested, +addressed to the owner at the owner’s post office address as shown in the +records of the appraisal district in which the property is located. If the +owner cannot be found and the notice is returned by the United States Postal +Service, then the owner may be notified by: +      (1)   publication at least once in a newspaper of general circulation in +the city; +      (2)   posting the notice on or near the front door of each building on +the property to which the violation relates; or +      (3)   posting the notice on a placard attached to a stake driven into the +ground on the property to which the violation relates. +   (d)   The 15 calendar days will be counted: +      (1)   from the date the notice is personally served on the owner or from +the sixth day after the notice is placed in the United States certified mail; +or +      (2)   if the owner cannot be found or the notice is returned by the +United States Postal Service, from the date the notice is: +         (A)   published in accordance with Subsection (c)(1) of this section; +or +         (B)   posted in accordance with Subsection (c)(2) or (c)(3) of this +section. +   (e)   Before the director may issue a notice to remove graffiti under +Subsection (c), all of the following must occur: +      (1)   The city must offer to remove the graffiti from the owner’s +property at no charge to the property owner. The offer must be in writing and +must include a date by which the property owner must accept or refuse the +offer. +      (2)   The property owner must refuse the city’s offer to remove the +graffiti free of charge. The refusal must be provided to the director in +writing. Failure to accept or refuse the city’s offer by the date set forth in +the offer is deemed to be consent for the city to remove the graffiti from the +property free of charge. +   (f)   If the director serves notice to a property owner under Subsection (c) +and the property owner fails to remove the graffiti within the time required by +Subsection (c), then the city may remove the graffiti and charge the expenses +of removal to the property owner in accordance with a fee schedule adopted by +city council ordinance or resolution. The city’s expenses to remove the +graffiti will be collected from the owner, or levied, assessed, and collected +against the property on which the work is performed. To obtain a lien against +the property, the director, on behalf of the city council, shall file a +statement of expenses with the county clerk of the county in which the property +is located setting out the actual expenses incurred by the city, the name of +the property owner, if known, and a legal description of the property. The +city’s lien attaches when the statement of expenses is filed in the real +property records of the county in which the property is located. The city’s +lien is subordinate to any previously recorded lien and to the rights of a +purchaser or lender for value who acquires an interest in the property before +the statement of expenses is filed. +   (g)   It is a defense to prosecution under Subsection (b) of this section +that: +      (1)   the city did not offer to remove the graffiti at no charge to the +property owner in compliance with Subsection (e)(1); +      (2)   the property owner did not refuse the city’s offer to remove the +graffiti free of charge in compliance with Subsection (e)(2); +      (3)   no notice was served on the property owner in compliance with +Subsection (c); +      (4)   the graffiti is located on transportation infrastructure; +      (5)   the removal of the graffiti would create a hazard for the person +performing the removal; +      (6)   the property owner has removed graffiti from that particular +property three or more times within the preceding 12 months; or +      (7)   the graffiti was created on the property with the owner’s consent +and does not violate the sign regulations of the Dallas Development Code or any +other applicable city ordinance or state or federal law. +   (h)   An offense under this section is punishable by a fine of not less than +$200 or more than $500. (Ord. Nos. 22064; 28048) +SEC. 31-39.   RESPONSIBILITY OF PARENT OR GUARDIAN FOR GRAFFITI CREATED BY A +MINOR. +   (a)   In this section: +      (1)   GRAFFITI means any marking, including, but not limited to, any +inscription, slogan, drawing, painting, symbol, logo, name, character, or +figure, that is made in any manner on tangible property. +      (2)   GUARDIAN means: +         (A)   a person who, under court order, is the guardian of the person +of a minor; or +         (B)   a public or private agency with whom a minor has been placed by +a court. +      (3)   MINOR means any person under 17 years of age. +      (4)   OWNER means any person with the legal right of possession to +tangible property. +      (5)   PARENT means a person who is a natural parent, adoptive parent, or +step-parent of another person. +   (b)   A parent or guardian of a minor commits an offense if he knowingly +permits, or by insufficient control allows, the minor to create graffiti on +tangible property in the city without the property owner’s consent. +   (c)   An offense under this section is punishable by a fine of not less than +$200 nor more than $500. (Ord. 22064) +SEC. 31-39.1.   POSSESSION OF GRAFFITI IMPLEMENTS PROHIBITED; PRESUMPTIONS; +DEFENSES. +   (a)   In this section: +      (1)   AEROSOL PAINT CONTAINER means any container that is adapted or made +for the purpose of applying aerosolized paint, or any other aerosolized +substance capable of defacing property. +      (2)   CONSENT means assent in fact, whether express or apparent, by a +person legally authorized to act for an owner of property. +      (3)   ETCHING OR ENGRAVING DEVICE means a device that is capable of +making a delineation or impression on tangible property, regardless of the +manufacturer’s intended use for that device. +      (4)   FELT TIP MARKER means any marker or similar implement that: +         (A)   contains ink; and +         (B)   has a flat or angled writing surface that, at its broadest +width, exceeds one-eighth inch. +      (5)   GRAFFITI means any temporary or permanent marking, including, but +not limited to, any inscription, slogan, drawing, painting, symbol, logo, name, +character, or figure, that is made in any manner on tangible property without +the consent of the property owner. +      (6)   GRAFFITI IMPLEMENT means any aerosol paint container, paint gun, +paint ball gun, paint ball gun pellets or capsules, felt tip marker, paint +stick, graffiti stick, brush, or etching or engraving device that is capable of +scarring, marking, or otherwise defacing stone, glass, metal, concrete, wood, +or any surface of tangible property. +      (7)   MINOR means any person under 17 years of age. +      (8)   OWNER means any person with the legal right of possession to +tangible property. +      (9)   PAINT STICK or GRAFFITI STICK means any device containing a solid +or liquid form of paint, chalk, wax, epoxy, or other similar substance that +leaves a visible mark upon application to a surface. +      (10)   PARENT means a person who is the natural parent, adoptive parent, +or step-parent of a person. +      (11)   GUARDIAN means: +         (A)   a person who, under court order, is the guardian of the person +of a minor; or +         (B)   a public or private agency with whom a minor has been placed by +a court. +   (b)   A person commits an offense if, with the intent to make graffiti, he +possesses any graffiti implement: +      (1)   in or on any part of a publicly-owned or privately-owned building, +facility, park, school ground, library, playground, swimming pool, recreational +facility, right-of-way, or other property when that property or that part of +the property is closed to the public; or +      (2)   within 10 feet of any underpass, overpass, bridge abutment, storm +drain, or similar type of infrastructure. +   (c)   A person is presumed to possess the graffiti implement with the intent +to make graffiti on such property under Subsection (b)(1) or on such +infrastructure under Subsection (b)(2) if while on the property or within 10 +feet of the infrastructure, whichever applies, he possesses on or about his +person at least: +      (1)   one aerosol paint container; or +      (2)   two graffiti implements other than an aerosol paint container. +   (d)   A person commits an offense if he is the parent or guardian of a minor +and knowingly permits, or by insufficient control allows, the minor to violate: +      (1)   Subsection (b)(1); or +      (2)   Subsection (b)(2). +   (e)   It is a defense to prosecution under Subsections (b)(1) and (d)(1) +that the graffiti implement was possessed on the property with consent. +   (f)   It is a defense to prosecution under Subsections (b)(2) and (d)(2) +that the graffiti implement was: +      (1)   possessed on the property with consent; or +      (2)   possessed in a place where the implement was going to be used for a +non-graffiti activity, including but not limited to an employment, school, +home, church, art, or similar activity, or possessed while enroute to or from +such a place and activity. +   (g)   For purposes of applying the defenses set forth in Subsections (e) and +(f)(1) of this section, consent is presumed to exist if the person possessing +the graffiti implement is an employee or relative of the property owner. +   (h)   Before taking any enforcement action under Subsection (b)(2) or (d)(2) +of this section, a police officer shall ask the apparent offender’s reason for +being within 10 feet of the underpass, overpass, bridge abutment, storm drain, +or other similar type of infrastructure with a graffiti implement and whether +the apparent offender has the consent of the property owner to be on the +property and to possess the graffiti implement. The officer shall not issue a +citation or make an arrest under Subsection (b)(2) or (d)(2) of this section +unless the officer reasonably believes that an offense has occurred and that, +based on any response and other circumstances, no defense described in +Subsection (f) is present. +   (i)   An offense under this section is punishable by a fine of not less than +$200 or more than $500. (Ord. 26342) +SEC. 31-40.   POSSESSION OF SHOPPING CARTS. +   (a)   In this section, SHOPPING CART is an object that has the same meaning +as in Chapter 17 of the Texas Business and Commerce Code, as amended. +   (b)   A person commits an offense if he possesses a shopping cart at a +location other than the premises of the retail establishment that owns the +shopping cart. +   (c)   It is a defense to prosecution under Subsection (b) that the person +was an owner, employee, or agent of the retail establishment that owns the +shopping cart and was delivering, retrieving, or returning the shopping cart to +the retail establishment. +   (d)   A retail establishment that owns a shopping cart shall affix to the +shopping cart a durable all-weather decal stating the following in legible +letters: +      IT IS AN OFFENSE PUNISHABLE BY A FINE OF UP TO $500 TO POSSESS THIS +SHOPPING CART AT A LOCATION OTHER THAN ON THE PREMISES OF THE RETAIL +ESTABLISHMENT THAT OWNS THIS SHOPPING CART. +(Ord. Nos. 25439; 30136) +SEC. 31-41.   LOCK, TAKE, AND HIDE SIGNS. +   (a)   An owner or person in control of property on which 100 or more parking +spaces are located that are available for public use shall post and maintain on +the exterior premises of the property two signs complying with Subsection (b). +One additional sign is required to be posted and maintained for each 50 parking +spaces over 100 that are located on the property. Also, one additional sign is +required to be posted and maintained within five feet of each clustered mailbox +site located on the premises of a multifamily property, as defined in Section +27-3 of this code. +   (b)   Each sign required to be posted and maintained under Subsection (a) +must comply with the following: +      (1)   Contain language that includes the statements: “LOCK YOUR CAR, TAKE +YOUR KEYS, HIDE YOUR BELONGINGS”; “A REMINDER FROM THE DALLAS POLICE +DEPARTMENT”; “WATCH YOUR CAR”; and “1-800-CAR WATCH.” +      (2)   Meet uniform specifications for size, color, and format established +by, and maintained on file in the office of, the chief of police. +      (3)   Be made of durable, all-weather material, with the lettering +readable day and night. +      (4)   Be approved by the chief of police. +      (5)   Be permanently installed on the property in a manner and location +approved by the chief of police so that at least one of the signs is visible +and readable from every parking space located on the property. +      (6)   Be posted so that the bottom edge of the sign is not lower than +five feet or higher than eight feet above ground level. +   (c)   An owner or person in control of property on which signs are required +to be posted and maintained under Subsection (a) commits an offense if he fails +to post or maintain signs in compliance with this section. +   (d)   A person commits an offense if he removes or obstructs, or allows the +removal or obstruction of, a sign required to be posted and maintained on +property under Subsection (a). It is a defense to prosecution under this +subsection that the removal or obstruction of the sign was caused by: +      (1)   a city employee in the performance of official duties; or +      (2)   the owner or person in control of the property who was performing, +or causing the performance of, repairs or maintenance on the sign. (Ord. 25521) +CHAPTER 31A +OFFICERS AND EMPLOYEES +ARTICLE I. +RESERVED. +Secs. 31A-1 thru 31A-3.   Reserved. +ARTICLE II. +CITY OF DALLAS OFFICER AND EMPLOYEE LIABILITY PLAN. +Sec. +31A-4.   Definitions. +Sec. +31A-5.   Coverage. +Sec. +31A-6.   Defense. +Sec. +31A-7.   Limits of coverage. +Sec. +31A-8.   Notice of occurrence, claim, or suit; cooperation. +Sec. +31A-9.   Plan period. +Sec. +31A-10.   Exclusions. +Sec. +31A-11.   Subrogation. +Sec. +31A-12.   Legal representation. +Sec. +31A-13.   Determination of coverage. +Sec. +31A-14.   No creation of cause of action. +ARTICLE I. +RESERVED. +SECS. 31A-1 THRU 31A-3.   +(Repealed by Ord. 24316) +ARTICLE II. +CITY OF DALLAS OFFICER AND EMPLOYEE LIABILITY PLAN. +SEC. 31A-4.   DEFINITIONS. +   (1)   CITY means the city of Dallas, Texas. +   (2)   CITY VEHICLE means a vehicle or mobile equipment either leased or +owned by the city. +   (3)   LOSS means an amount which a plan member is legally obligated to pay +resulting from an act or omission of the plan member which is covered under +this plan. +   (4)   PLAN means the City of Dallas Officer and Employee Liability Plan. +   (5)   PLAN MEMBER means a person who is: +      (A)   an employee of the city; +      (B)   a member of a city board, commission, or committee created by +charter, ordinance, or resolution of the city; +      (C)   a member of the city council; +      (D)   a volunteer who has been approved as a volunteer by a departmental +volunteer coordinator and who is working under the direction of an employee of +the city; or +      (E)    a member of the board of trustees of the police and fire pension +fund of the city. (Ord. Nos. 18575; 20811) +SEC. 31A-5.   COVERAGE. +   (a)   The city shall indemnify and defend a plan member, in accordance with +the terms of this plan, against a loss arising out of any claim, suit, or +judgment resulting from an act or omission of the plan member during the +discharge of his duties and within the scope of his office, employment, or +assigned volunteer work with the city. +   (b)   A plan member whose position with the city terminates is entitled to +coverage in accordance with this plan for any event that occurred while the +person was a plan member. (Ord. 18575) +SEC. 31A-6.   DEFENSE. +   (a)   The city will defend any suit against a plan member who is covered +under this plan even if the suit is groundless or fraudulent. +   (b)   The city may investigate, negotiate, and settle any claim or suit as +it determines necessary. (Ord. 18575) +SEC. 31A-7.   LIMITS OF COVERAGE. +   (a)   The city will pay losses covered by this plan that a plan member is +legally obligated to pay, except, that in cases arising from incidents or +occurrences where the city's liability exists by virtue of the Texas Tort +Claims Act (Chapter 101, Texas Civil Practices and Remedies Code), whether or +not the city is a party defendant, the city will pay those losses covered by +this plan that a plan member is legally obligated to pay up to, but not +exceeding the limits of liability provided by that Act, as amended, for a +municipality. +   (b)   In addition to the coverage provided in paragraph (a) the city will +pay: +      (1)   the city's expenses in investigating and defending the claim or +lawsuit; +      (2)   costs taxed against a plan member in a suit covered by this plan +and interest that accrues after entry of judgment before the city has deposited +payment with the court on that part of the judgment which does not exceed the +limits of coverage; +      (3)   reasonable expenses of the plan member incurred at the city's +request; and +      (4)   attorney's fees ordered by the court to be paid by the plan member. +(Ord. Nos. 18575; 18905; 19884) +SEC. 31A-8.   NOTICE OF OCCURRENCE, CLAIM, OR SUIT; COOPERATION. +   To be entitled to coverage under the plan a plan member must: +      (1)   notify the city attorney as soon as practicable upon receipt of +written notice of a claim or lawsuit, but no later than three working days +after receipt; +      (2)   cooperate with the city attorney and, upon the city attorney's +request, assist in making settlements, in the conduct of suits, and in +enforcing any right of contribution or indemnity against a person or +organization who may be liable to the city because of injury or damage covered +under the plan; +      (3)   attend hearings and trials and assist in securing and giving +evidence and obtaining the attendance of witnessess; and +      (4)   not, except upon advice of the city attorney or when questioned by +a police officer at the scene of an accident, give any oral or written +statement or enter into any stipulation or agreement concerning a claim or +lawsuit; +      (5)   not, except at his own cost, voluntarily make any payment, assume +any obligation, or incur any expense with respect to a claim or lawsuit without +the consent of the city. (Ord. 18575) +SEC. 31A-9.   PLAN PERIOD. +   This plan covers only acts or omissions occurring or alleged to have +occurred: +   (1)   while the plan is in effect; +   (2)   before the plan was in effect and which are not barred by any statute +of limitations; and +   (3)   if the plan is cancelled, while the plan is in effect and which are +not barred by any statute of limitations. (Ord. 18575) +SEC. 31A-10.   EXCLUSIONS. +   (a)   Coverage under this plan does not apply to a claim or lawsuit that is +brought against a plan member: +      (1)   by the city; +      (2)   arising out of the intentional, knowing, or criminally negligent +violation of a penal statute or ordinance committed by or with the knowledge or +consent of the plan member, or any claim arising out of acts of fraud committed +by or at the direction of the plan member with intent to deceive or defraud; +      (3)   arising out of the gross negligence of the plan member, except that +the city will defend the plan member in accordance with Section +31A-6(a) of this chapter; +      (4)   arising out of affirmative dishonesty or actual intent to injure by +the plan member; +      (5)   arising while the plan member is operating a city vehicle with no +authority to operate the vehicle; +      (6)   arising while the plan member is operating a city vehicle in the +course of personal or private business, unless the operation of the vehicle is +pursuant to the general orders or the applicable standard operating procedure +of the police department; +      (7)   for liability assumed by the plan member under a contract, unless +the contract is entered into at the request of the city; +      (8)   if the plan member joins or attempts to join with the suit against +the plan member a claim against the city for benefits under this plan; or +      (9)   if the plan member fails to comply with Section +31A-8 of this plan. +   (b)   The city council may waive the exclusion for gross negligence set +forth in Subsection (a)(3) of this section if the city council determines that +circumstances justify the waiver. (Ord. Nos. 18575; 19884; 20454) +SEC. 31A-11.   SUBROGATION. +   If payment or legal representation is provided under this plan, the city is +subrogated to the plan member's rights of recovery against any person or +organization to the extent of the city's liability and payments, and the plan +member must execute and deliver to the city attorney whatever documents are +necessary to secure those rights. The plan member must not do anything after a +loss to prejudice those rights. (Ord. 18575) +SEC. 31A-12.   LEGAL REPRESENTATION. +   (a)   The city will provide legal representation for a plan member in a +claim or suit in which the plan member is covered under this plan. +   (b)   If the city attorney determines that there is a conflict of interests +for the city attorney in representing a plan member, and the plan member is +otherwise entitled to coverage under this plan, the city will pay the +reasonable fee of a private attorney to represent the plan member. The private +attorney will be selected by mutual agreement of the plan member and the city +attorney. (Ord. 18575) +SEC. 31A-13.   DETERMINATION OF COVERAGE. +   If the city denies coverage to a plan member, the plan member may seek a +determination of coverage by a court of proper jurisdiction in Dallas County, +Texas. If the court rules in favor of the plan member, the city shall provide +the plan member all benefits under the plan and shall reimburse the plan member +for reasonable attorney fees, expenses and costs incurred in obtaining the +determination of coverage. (Ord. 18575) +SEC. 31A-14.   NO CREATION OF CAUSE OF ACTION. +   Nothing contained in this plan shall be construed as creating a right or +cause of action against a plan member nor as giving a right to a third party to +institute or maintain a suit which would not otherwise exist under law as a +legal claim against a plan member. (Ord. 18575) +CHAPTER 32 +PARKS AND WATER RESERVOIRS +ARTICLE I. +IN GENERAL. +Sec. +32-1.   Safety of patrons generally; limitation of activities by permit. +Sec. +32-2.   Speed limit; driving upon walks. +Sec. +32-3.   Injury to trees, shrubs, fences, etc. +Sec. +32-4.   Abusive, obscene, etc., language or acts. +Sec. +32-5.   Use of commercial vehicles, etc. +Sec. +32-6.   Dogs at large. +Sec. +32-6.1.   Off-leash sites for dogs. +Sec. +32-7.   Protection of fish, animals, and fowl. +Sec. +32-8.   Driving and parking vehicles. +Sec. +32-9.   Schedules for operating facilities. +Sec. +32-9.1.   Hours of closure for public parks and park amenities. +Sec. +32-10.   Sale of services or goods on park property. +Sec. +32-11.   Promulgation and posting of rules and regulations. +Sec. +32-11.1.   Public shooting ranges. +Sec. +32-11.2.   Hang-gliders, para-sails, para-kites, parachutes, and similar +devices prohibited; defense. +Sec. +32-11.3.   Possession of alcoholic beverages in parks. +Sec. +32-11.4.   Noises interfering with enjoyment of public park and recreation +areas. +ARTICLE II. +FAIR PARK AND STATE FAIR GROUNDS. +Division 1. Generally. +Sec. +32-11.5.   Fair park boundaries. +Sec. +32-12.   “State fair area” defined. +Sec. +32-13.   Purpose of article. +Sec. +32-14.   Applicability of building code. +Sec. +32-15.   Regulations pertaining to structures used one month or less. +Sec. +32-16.   Rides, elevators, hoists, etc. +Sec. +32-17.   Temporary waste lines. +Sec. +32-18.   Electrical wiring. +Sec. +32-19.   Use, storage, etc., of liquefied petroleum gases. +Sec. +32-20.   Authority of building inspector and fire marshal. +Division 2. Fair Park Parking Area and Fair Park Parking Licenses. +Sec. +32-21.   Definitions. +Sec. +32-22.   Fair Park parking license required. +Sec. +32-23.   License application. +Sec. +32-24.   Investigation of application. +Sec. +32-25.   Issuance of license; expiration. +Sec. +32-26.   License fee. +Sec. +32-27.   License revocation; appeal. +Sec. +32-28.   Supervising attendant; display of license. +Sec. +32-28.1.   Fair Park parking area - Maximum parking fee. +Sec. +32-28.2.   Posting of parking fees required. +Sec. +32-28.3.   Posting signs to prohibit parking on certain property near Fair +Park. +ARTICLE III. +MARSALIS PARK ZOO. +Sec. +32-29.   Hours of opening and closing - established; exceptions. +Sec. +32-30.   Same - Notice of closing hours. +Sec. +32-31.   Same - Remaining in zoo after closing hours. +ARTICLE IV. +WHITE ROCK LAKE AND BACHMAN LAKE RESERVOIRS. +Division 1. Generally. +Sec. +32-32.   Jurisdiction of park and recreation board subject to primary right of +Dallas Water Utilities. +Sec. +32-33.   Authority of city police on property. +Sec. +32-34.   Powers and duties of park and recreation director. +Sec. +32-35.   Disturbing trees and shrubs; gathering pecans. +Sec. +32-36.   Commercial vehicles prohibited; speed limit of vehicles. +Sec. +32-37.   Seining for minnows. +Sec. +32-38.   Reserved. +Sec. +32-39.   Swimming. +Division 2. Operation of Boats. +Sec. +32-40.   Equipment prohibited on the water. +Sec. +32-41.   Sanitary requirements generally. +Sec. +32-42.   Prohibition of boats to suppress epidemic. +Sec. +32-43.   Use of boat under influence of intoxicants. +Sec. +32-44.   Special recreational events. +Sec. +32-45.   Manner of operation generally. +Sec. +32-46.   Reserved. +Sec. +32-47.   Life preservers; lights; mufflers; speed. +Sec. +32-48.   Seaworthiness generally; impounding loose boats. +Sec. +32-49.   Sirens. +Sec. +32-50.   Catching fish for sale. +Sec. +32-51.   Designation of area for anchoring sailboats. +Sec. +32-52.   Reserved. +Sec. +32-53.   Impoundment for lack of license; redemption. +Sec. +32-54.   Disposition of impounded boats for normal sales to redeem. +ARTICLE V. +ELM FORK. +Sec. +32-55.   Polluting waters. +Sec. +32-56.   Creating filth. +Sec. +32-57.   Activities prohibited by two preceding sections deemed nuisances. +Sec. +32-58.   Authority of director of public health and chief of police. +Sec. +32-59.   Power and authority of city; guards. +Sec. +32-60.   Penalty; civil actions. +ARTICLE VI. +LAKE RAY HUBBARD. +Sec. +32-61.   Temporary scope. +Sec. +32-62.   Definitions. +Sec. +32-63.   Construction prohibited. +Sec. +32-64.   Solicitation prohibited. +Sec. +32-65.   Restricted areas. +Sec. +32-66.   Trespassing prohibited in certain areas. +Sec. +32-67.   Destruction of city property. +Sec. +32-68.   Use of firearms and other discharge devices prohibited. +Sec. +32-69.   Discarding of waste prohibited. +Sec. +32-70.   Gasoline or oil storage. +Sec. +32-71.   Advertisements. +Sec. +32-72.   Prohibited uses. +Sec. +32-73.   Diversion of water prohibited. +Sec. +32-74.   Abandonment of personal property. +Sec. +32-75.   Fishing prohibited in certain areas. +Sec. +32-76.   Commercial fishing prohibited. +Sec. +32-77.   Hunting prohibited. +Sec. +32-78.   Camping prohibited in certain areas. +Sec. +32-79.   Picnicking in designated areas. +Sec. +32-80.   Recreational programs. +Sec. +32-81.   Vehicle control +Sec. +32-82.   Local additions to the Texas Water Safety Act. +Sec. +32-83.   Authority to enforce. +ARTICLE I. +IN GENERAL. +SEC. 32-1.   SAFETY OF PATRONS GENERALLY; LIMITATION OF ACTIVITIES BY PERMIT. +   It shall be unlawful for any individual or group of individuals to +participate in any activity on any public park area when such activity will +create a danger to the public or may be considered a public nuisance. The park +board may designate particular locations within park areas for specific +activities and when deemed necessary, it may limit the conduct of such +activities by the issuance of special permits upon application, which permits +will set out the particular conditions under which such activity is permitted. +Overnight camping is prohibited on any park property except by special permit +issued by the park board or its representatives for such activity on specific +occasions. (Ord. 8019) +SEC. 32-2.   SPEED LIMIT; DRIVING UPON WALKS. +   It shall be unlawful for any person to ride, drive or go at a rate of speed +faster than speed limits as posted on standard traffic signs, upon horseback, +or upon any bicycle, motorcycle, or any other vehicle whatsoever, upon any +drive or street in any park of the city, or to ride or drive any wheel or +animal upon any walk in such park, or to climb any tree, fence or building. +(Ord. 8019) +SEC. 32-3.   INJURY TO TREES, SHRUBS, FENCES, ETC. +   It shall be unlawful for any person to cut, break, deface or in any way +injure the trees, shrubs, plants, grass, turf, fountains, seats, fences, +structures, improvements, ornaments or monuments or property, within or upon +any of the public parks. (Ord. 8019) +SEC. 32-4.   ABUSIVE, OBSCENE, ETC., LANGUAGE OR ACTS. +   No person shall use or speak any threatening, abusive, insulting or indecent +language in any of the public parks, and no person shall commit, in any such +parks any obscene, lewd or indecent act or create any nuisance. (Ord. 8019) +SEC. 32-5.   USE OF COMMERCIAL VEHICLES, ETC. +   All vehicles used for the purpose of transporting freight and merchandise, +or brick, stone or gravel, and all those commonly known as floats, moving +wagons, express or delivery wagons are prohibited from entering upon or being +driven through any of the public parks of the city. (Ord. 8019) +SEC. 32-6.   DOGS AT LARGE. +   (a)   An owner, harborer, or person having the care, custody, or control of +a dog commits an offense if he causes or permits the dog to go into or upon the +grounds of any public park within the city, unless the dog is led by some +person and retained in custody by a leash. +   (b)   It is a defense to prosecution under Subsection (a) that the dog was +in an off-leash site established under Section +32-6.1 of this chapter. (Ord. Nos. 8019; 24482) +SEC. 32-6.1.   OFF-LEASH SITES FOR DOGS. +   (a)   In this section: +      (1)   OFF-LEASH SITE means an enclosed area designated by the park board +in which dogs are allowed to run at large without being secured by a leash or +other restraint. +      (2)   DANGEROUS DOG has the meaning given that term in Section 822.041 of +the Texas Health and Safety Code, as amended. +   (b)   The park board is authorized to establish off- leash sites for dogs +within designated areas of the city’s parks and recreational areas. Signs +designating an area as an off-leash site must be conspicuously posted at each +entrance to the site. +   (c)   The park board may promulgate regulations, not inconsistent with this +section, that govern off-leash sites for dogs. Such regulations must be +conspicuously posted at each entrance to an off-leash site. The regulations +must include, but are not limited to, the following: +      (1)   No person may bring into an off-leash site: +         (A)   a dangerous dog; +         (B)   a female dog in heat; +         (C)   more than three dogs at one time; or +         (D)   a dog that is not wearing tags showing that it is currently +registered and vaccinated in compliance with Chapter 7 of this code. +      (2)   Any person who brings a dog into an off- leash site shall: +         (A)   carry materials and implements for removing and disposing of dog +excreta and remove all excreta deposited by the dog in the off-leash site, in +compliance with Section 7-21.2 of this code; +         (B)   lead the dog on a leash and retain the dog in custody when +entering and exiting an off-leash site; +         (C)   keep the dog under visual and voice control at all times while +in the off-leash site; +         (D)   fill any hole that the dog digs in the off-leash site; and +         (E)   remove the dog from the off-leash site at the first sign of +aggression by the dog. +      (3)   Any person who brings a child under 12 years of age into an off- +leash site shall keep the child under strict supervision. +   (d)   A person commits an offense, punishable by a fine of up to $2,000, if +he fails to comply with any regulation: +      (1)   set forth in Subsection (c) of this section; or +      (2)   promulgated by the park board pursuant to Subsection (c) and posted +at the off-leash site. +   (e)   Use of an off-leash site by any dog constitutes: +      (1)   implied consent of the owner, harborer, or person having care, +custody, or control of the dog to comply with all conditions and regulations +stated in this section or promulgated by the park board and posted at the off- +leash site; and +      (2)   a waiver of liability to the city by the owner, harborer, or person +having care, custody, or control of the dog, and an agreement and undertaking +to protect, indemnify, defend, and hold the city harmless, for any injury or +damage caused by the dog during any time that the dog is in the off-leash site. +(Ord. 24482) +SEC. 32-7.   PROTECTION OF FISH, ANIMALS, AND FOWL. +   Wherever the city owns or keeps any fish, animals or fowl on public +exhibition in any of the public parks or grounds of the city, it shall be +unlawful for any person in any manner to injure, annoy or interfere with any +such animal, fish or fowl, or to injure or interfere with, in any manner, any +of the enclosures in which any animal, fish or fowl may be kept. The term +“annoy” or “interfere with” shall include any attempt on the part of the +person, save and except the duly authorized keeper thereof, or person in charge +thereof, to feed or offer any foodstuff or other substance to any such animal, +fish or fowl. Whenever any fish, fowl or animals are kept on exhibition, it +shall be the duty of the public to obey all rules provided by the park board or +other authority for the exhibition of any such animal, fish or fowl. (Ord. +8019) +SEC. 32-8.   DRIVING AND PARKING OF VEHICLES. +   (a)   A person commits an offense if, in any park or recreation area in the +city, he knowingly: +      (1)   drives a motor vehicle; or +      (2)   stops, stands, or parks a motor vehicle; or +      (3)   parks a motor vehicle so as to obstruct entrance to or exit from a +roadway, parking area, or trail established for public motor vehicle use; or +      (4)   fails to park the entire motor vehicle within the limit lines of a +designated parking stall, where such lines have been provided. +   (b)   It is a defense to prosecution under Subsection (a) that the driving, +stopping, standing, or parking: +      (1)   was along a roadway, trail, or parking area established for public +motor vehicle use; +      (2)   was due to temporary mechanical failure of the vehicle; +      (3)   was ordered by a police or park officer of the city or a person +charged with supervision of a park or recreation area within the city; or +      (4)   was performed by an employee of the city while in the course of his +official duties. +   (c)   If a motor vehicle is parked or left in violation of this section and +the owner or operator of the vehicle cannot be found, police or park officers +of the city may remove or impound the vehicle, or the vehicle may be removed in +accordance with Chapter 28 of this code. +   (d)   The park board is authorized to establish time limits for the parking +of motor vehicles within designated parking areas of the city’s parks and +recreational areas. (Ord. Nos. 8019; 16503) +SEC. 32-9.   SCHEDULES FOR OPERATING FACILITIES. +   Whenever, in the opinion of the park board it is desirable or necessary to +establish operating hours during which buildings, structures, facilities, +athletic areas or other improvements on park areas shall be operated, the park +board is authorized to establish such hours of operation by resolution and when +such hours so designated are posted on the entrances to such buildings, +facilities, etc., the same shall be deemed as the official hours of operation. +(Ord. 8019) +SEC. 32-9.1.   HOURS OF CLOSURE FOR PUBLIC PARKS AND PARK AMENITIES. +   (a)   Except as provided in Subsection (b), all public parks and park +amenities are closed to the public each day from 11:00 p.m. until 5:00 a.m. +   (b)   Park amenities for which the park board has established and posted the +hours of operation under Section +32-9 of this chapter are closed to the public at any time other than the +established and posted hours of operation. +   (c)   A person commits an offense if he is on the premises of a public park +or park amenity during hours in which the park or park amenity is closed. +   (d)   It is a defense to prosecution under Subsection (c) that the person +was: +      (1)   driving a vehicle on an interior park roadway that provides direct +access to the person’s residence; +      (2)   attending a special event, activity, or program that was being +conducted in a public park or park amenity during hours of closure with written +permission of the park board, the director of park and recreation, or a +designated representative; or +      (3)   entering or leaving, or engaged in legal boating on or fishing from +the bank or water surface of, any of the following: +         (A)   Lake Ray Hubbard; +         (B)   Mountain Creek Lake; +         (C)   White Rock Lake; +         (D)   Lemmon Lake; +         (E)   Blue Lake; +         (F)   a body of water located within the Trinity River Greenbelt; +         (G)   that part of Joe Pool Lake within the city’s jurisdiction; or +         (H)   Bachman Lake. +   (e)   For the purpose of this section: +      (1)   PARK AMENITY means any building, structure, facility, athletic +area, or other improvement that is located within a public park. +      (2)   PUBLIC PARK means land owned or managed by the city, whether +located inside or outside the city limits, that is planned, developed, or used +for active or passive recreational use by the public. “Public park” includes an +interior park roadway, other than a dedicated street, and excludes any sidewalk +adjacent to the outside perimeter of a park. (Ord. Nos. 20680; 20964; 22073; +22404; 22851; 27993) +SEC. 32-10.   SALE OF SERVICES OR GOODS ON PARK PROPERTY. +   (a)   A person commits an offense if the person sells, distributes, or +offers for sale any services or goods, including but not limited to food, +drinks, confections, or merchandise, in a city park or another area under the +control of the park and recreation board. +   (b)   It is a defense to prosecution under Subsection (a) of this section +that the person: +      (1)   was selling, distributing, or offering for sale the services or +goods by authority of a written contract or permit with the city, through the +park and recreation department, to operate a concession in that area; +      (2)   was selling, distributing, or offering for sale the services or +goods in connection with the transaction of official government business; +      (3)   was selling, distributing, or offering for sale only an item or +items containing primarily noncommercial speech, including but not limited to +newspapers, books, magazines, audio and video compact discs (CDs), or digital +versatile discs (DVDs), and the selling, distributing, or offering for sale was +not being conducted: +         (A)   from a machine; +         (B)   at a time when the area was closed to the public; +         (C)   in an area used for storage; +         (D)   in an area under the control or management of another person or +private entity pursuant to a written agreement with the city; +         (E)   inside any building, including but not limited to a recreational +center; +         (F)   in a parking lot that serves a city park or another area under +the control of the park and recreation board; or +         (G)   in a way that obstructed a public street or sidewalk; +      (4)   was selling, distributing, or offering for sale only periodicals +from a coin-operated machine by authority of a license to operate the machine +in that area, unless such sale, distribution, or offering for sale was +prohibited in the area by another city ordinance or a city contract; +      (5)   was selling or offering for sale the services of a vehicle for hire +that was being operated by that person; +      (6)   did not receive remuneration from the person being given the +services or goods; did not use any type of vehicle or stand, any part of which +touched the ground, when distributing the services or goods; and did not +interfere with traffic flow on a public street or sidewalk when distributing +the services or goods; or +      (7)   was selling, distributing, offering for sale, or delivering the +services or goods to a person qualifying for any defense described in +Paragraphs (1) through (6) of this subsection. +   (c)   In addition to any enforcement action by a peace officer or the +director of the park and recreation department, or an authorized +representative, for a violation of this section, any person who is a victim of +an act prohibited under this section, or who witnesses a violation of this +section, may file a complaint with the city attorney. Evidence to support a +conviction for a violation of this section may include, but is not limited to, +testimony of witnesses, videotape evidence of the violation, and other +admissible evidence. +     (d)   This section does not apply to the occasional sale of lemonade or +other nonalcoholic beverages from a stand in a public park by an individual +younger than 18 years of age. (Ord. Nos. 8019; 28241; 31375) +SEC. 32-11.   PROMULGATION AND POSTING OF RULES AND REGULATIONS. +   The park board shall adopt such rules and regulations as it deems best for +the management of the public parks and where such rules have been adopted for a +specific park area and posted within the specific park so regulated, any person +found guilty of violating such rules is guilty of an offense. (Ord. Nos. 8019; +19963) +SEC. 32-11.1.   PUBLIC SHOOTING RANGES. +   Public shooting ranges may be constructed and operated in parks owned by the +city in accordance with the following provisions: +   (a)   Such public shooting ranges shall at all times be subject to the +control of the park board and shall be in accordance with the rules and +regulations adopted and promulgated by the park board. +   (b)   It shall be unlawful for any person to have in his possession or to +consume or be under the influence of any intoxicating beverage while on any +such public shooting range. +   (c)   It shall be unlawful for any person to shoot any type of weapon named +in Section +31-11 on such a public shooting range, unless such range is open for the +purpose of shooting and under the immediate supervision of qualified personnel +present on such range. +   (d)   In event any such public shooting range is leased to a private +operator, such lease agreement shall contain a provision whereby the +concessionaire shall agree to save and hold the city and its park board whole +and harmless from any and all claims of every character whatsoever that may be +made against it by reason of the maintenance and operations of such concession, +and such concessionaire shall at the time of the execution of this contract, +furnish a public liability or indemnity policy of insurance for the benefit of +the city and its park board and concessionaire herein jointly, and the +certificate of his public liability insurance, with insurance coverage, shall +not be less than $250,000 per person, $500,000 per accident and $50,000 +property damage, and the certificate shall include the city and the park board +among the insured. (Ord. 10921) +SEC. 32-11.2.   HANG-GLIDERS, PARA-SAILS, PARA-KITES, PARACHUTES, AND SIMILAR +DEVICES PROHIBITED; DEFENSE. +   (a)   A person commits an offense if, within or above any park or recreation +area under the management responsibility of the park board, he operates a hang- +glider, para-sail, para-kite, parachute, or similar device capable of +supporting the weight of a person above ground or water level. +   (b)   It is a defense to prosecution under Subsection (a) that the person +has obtained written permission from the park board, or a designated +representative, authorizing a special event. (Ord. 18745) +SEC. 32-11.3.   POSSESSION OF ALCOHOLIC BEVERAGES IN PARKS. +   (a)   A person commits an offense if he consumes or possesses an alcoholic +beverage: +      (1)   while in a public park; or +      (2)   while on a public street, sidewalk, or parking area adjacent to a +public park. +   (b)   It is a defense to prosecution under Subsection (a) that: +      (1)   the person was on the premises of: +         (A)   Fair Park; +         (B)   Old City Park; +         (C)   Reunion Park; +         (D)   the DeGolyer Estate, Camp Estate, or other area of the Arboretum +designated by the park and recreation board for the possession and consumption +of an alcoholic beverage; +         (E)   Betty Marcus Park, when attending a city-approved activity at +the Meyerson Concert Hall; +         (F)   an area in Samuel Farm designated by the park and recreation +board for the possession and consumption of an alcoholic beverage; +         (G)   the following park facilities, when pursuant to written +permission of the director of the park and recreation department and in +compliance with park facility reservation policies established by the park and +recreation board: +            (i)   Arlington Hall; +            (ii)   Dreyfuss Club; +            (iii)   Winfrey Point; or +            (iv)   Big Thickett; +         (H)   a municipal golf course; or +         (I)   a park facility or other park property or part of a park +property for which: +            (i)   a valid license issued by the Texas Alcoholic Beverage +Commission existed; or +            (ii)   a lease or rental agreement had been granted by the city +that allowed the possession and consumption of an alcoholic beverage; +      (2)   the person was on the waters of a lake or water reservoir under the +jurisdiction of the park and recreation board where the private launching and +mooring of boats was permitted; +      (3)   the person was on premises where a special event, activity, or +program was being conducted with written permission of the park and recreation +board and the director of the park and recreation department and possession and +consumption of an alcoholic beverage was allowed under the terms of the +permission; or +      (4)   the container of alcoholic beverage possessed by the person had an +unbroken seal or other evidence of having never been opened. +   (c)   For the purpose of this section, ALCOHOLIC BEVERAGE is used as defined +in the Texas Alcoholic Beverage Code. (Ord. Nos. 16881; 20336; 20699; 20963; +22850) +SEC. 32-11.4.   NOISES INTERFERING WITH ENJOYMENT OF PUBLIC PARK AND RECREATION +AREAS. +   (a)   A person commits an offense if he knowingly makes or causes to be made +any loud and raucous noise in any public park and recreation area in the city. +   (b)   It is a defense to prosecution under Subsection (a) that the person: +      (1)   is a city employee acting within the scope of his official duties; +or +      (2)   first obtained the written permission of the director of the park +and recreation department of the city authorizing a special event. +   (c)   The following enumerated acts are presumed to create loud and raucous +noises for purposes of this section: +      (1)   The sounding of any horn or signal device on any automobile, +motorcycle, bus, or other vehicle, except as a danger signal, as required by +state law. +      (2)   The use of any mechanical loudspeaker or sound amplifier for the +purpose of attracting the attention of other persons by the creation of noise. +      (3)   The playing of any radio, television, tape machine, musical +instrument, or other machine or device for the production or reproduction of +sound at such a volume that the sound produced is audible at a distance in +excess of 150 feet. +      (4)   The operation of any automobile, motorcycle, bus, or other vehicle +or mechanical device in such a manner so as to produce a sound that is audible +at a distance in excess of 150 feet. (Ord. 17090) +ARTICLE II. +FAIR PARK AND STATE FAIR GROUNDS. +Division 1. Generally. +(Ord. 29102) +SEC. 32-11.5.   FAIR PARK BOUNDARIES. +   (a)   For purposes of this chapter, the boundaries of Fair Park shall be as +follows: +      BEGINNING at the intersection of the southeast right- of-way of Parry +Avenue and the T. & P. Railroad; +      THENCE eastward along the south boundary of the T. & P. Railroad right- +of-way to the beginning of a curve bearing to the right having a radius of +459.12 feet; +      THENCE southeastward along said curve to the northwest right-of-way of +Pennsylvania Avenue; +      THENCE southwestward along the northwest right-of- way of Pennsylvania +Avenue to its intersection with the northwesterly prolongation of the southwest +right- of-way of Gaisford Street; +      THENCE southeastward along the northwesterly prolongation and southwest +right-of-way of Gaisford Street to the intersection with the northwest right- +of-way of Fitzhugh Avenue; +      THENCE southwestward along the northwest right-of- way of Fitzhugh Avenue +to the northeast right-of-way of Robert B. Cullum Boulevard; +      THENCE northwestward along the northeast right-of- way of Robert B. +Cullum Boulevard to the intersection with the southeast right-of-way of Parry +Avenue; +      THENCE northeastward along the southeast right-of- way of Parry Avenue to +the place of beginning. +   (b)   Before the Fair Park boundaries established in Subsection (a) may be +expanded, a public hearing before the city council shall be held to allow the +proponents and opponents of the expansion to present their views. +   (c)   Written notice of the public hearing required by Subsection (b) must +be sent to all owners of real property lying within 500 feet of the boundaries +of the proposed area of expansion. The measurement of the 500 feet includes +streets and alleys. The notice must be given, not less than 10 days before the +date set for the public hearing, by depositing the notice in the United States +mail with postage paid and properly addressed to each property owner as +evidenced by the last approved city tax roll. (Ord. 19541) +SEC. 32-12.   “STATE FAIR AREA” DEFINED. +   “State Fair area”, as used in this article, shall mean the area in Fair Park +bounded by the Texas & Pacific Railroad right of way, Pennsylvania Avenue, to +Lagow, Lagow to Birmingham, Birmingham to Cross, Cross to Pennsylvania, +Pennsylvania to First Avenue, First Avenue to Grand Avenue, Grand Avenue to +Second Avenue, Second Avenue to Parry Avenue with the sites of the Health and +Science Museum, Aquarium, State of Texas and Swimming Pool buildings excluded. +It shall not include that portion of Fair Park known as the Civic Center, which +is bounded by Pennsylvania Avenue, Second Avenue, Grand Avenue and First +Avenue. (Code 1941, Art. 96-2; Ord. 8021) +SEC. 32-13.   PURPOSE OF ARTICLE. +   The purpose and intent of this article is to provide certain rules and +regulations governing design, construction, equipment, use and operation of +temporary buildings, establishments, concessions and exhibits within the +grounds of the state fair. The provisions of this article shall include +buildings and structures to be occupied and used only during the period of the +state fair which, because of the character of material used, nature of +fabrication and design, have a life expectancy of not more than five years. The +provisions of this article shall apply only to the State Fair area as defined +in this article and shall never be construed as modifying the regulations of +any chapter of this code with reference to other areas within the city. (Code +1941, Art. 96-1) +SEC. 32-14.   APPLICABILITY OF BUILDING CODE. +   All buildings and structures erected or constructed within or moved into the +state fair area shall comply with the city Building Code, except that: +   (a)   Buildings and structures of not more than two stories in height +erected and constructed for use as temporary buildings, as defined in Section +32-13 and which are classified under the Building Code as groups F, G. I and J +occupancies, shall not be required to set back from the site property lines and +may be built adjoining other buildings; provided, that all exterior walls shall +be of one hour fire resistive construction; and provided further, that the +aggregate or total ground area of all buildings and structures constructed in +any one group shall not exceed 10,000 square feet for one story buildings or +structures and 5,000 square feet for two story buildings or structures, unless +provided with an absolute fire separation or 15 foot clear space between such +groups. In lieu of the Building Code requirements which are not applicable, a 2 +1/2 gallon fire extinguisher of an approved type shall be provided for each +2,000 square feet of floor area or fraction thereof and all drapes, curtains, +decorations and similar flammable material shall be sprayed or dipped in flame +retardant solution as required by the fire marshal. +   (b)   Partitions in the interior of buildings shall be constructed of one- +half inch sheet rock on both sides of wood studs or equal or better fire +resistive construction and shall maintain fire extinguishers as provided in +Subsection (a) of this section and flame retardant proofing shall be done as +provided in Subsection (a). +   (c)   The requirements of the Building Code with respect to the number of +toilets may be waived by the health officer of the city when the waiving of +this requirement does not conflict with this Code or other ordinances of the +city dealing with health. (Code 1941, Art. 96-3) +SEC. 32-15.   REGULATIONS PERTAINING TO STRUCTURES USED ONE MONTH OR LESS. +   The following regulations shall apply to buildings and other structures for +temporary use for any period of one month or less: +   (a)   Tents, stands, awnings and canopies may be used individually in any +size in the area known as the midway area or may be grouped together; provided, +that any tent, stand or groups of tents and stands having 3,000 square feet in +total ground area shall be separated from all other tents, stands, buildings +and structures by not less than 15 feet of open space, clear of all combustible +material and provided that flame proofing is carried out as provided in Section +32-14, except that portions of awnings, tents or other heavy canvas over 10 +feet above grade need not be flameproofed unless required by the fire marshal. +If any additional decoration or flammable material is used therein, this +material shall be flameproofed regardless of height. +   (b)   In areas other than the midway area, tents, stands, awnings and +canopies exceeding l,000 square feet in total ground area shall be provided +with separations as described in Subsection (a) above and shall conform to the +requirements for flame proofing. (Code 1941, Art. 96-4) +SEC. 32-16.   RIDES, ELEVATORS, HOISTS, ETC. +   Rides, elevators, hoists or any mechanical device provided for and +accessible to the public shall not begin operation until authorized by the +building inspector and shall stop operation at any time the building inspector +gives notice in writing that he wishes to inspect or test the same or he +considers that the same may not be safe for use. The method of making tests and +the determination of safety shall be left to the discretion of the building +inspector. All tests shall be reasonable. (Code 1941, Art. 96-5) +SEC. 32-17.   TEMPORARY WASTE LINES. +   Grease traps may be omitted from temporary waste lines where these waste +lines are required by the health officer and where they shall not be used for a +period of more than 30 days. Requirements for separate laterals for each such +temporary use shall be so interpreted that a number of these temporary uses may +be jointly served by one lateral and be considered as one occupancy under the +jurisdiction of the state fair and it shall be the responsibility of the state +fair to keep this lateral open and free from obstruction. (Code 1941, Art. 96- +6) +SEC. 32-18.   ELECTRICAL WIRING. +   All electrical wiring shall conform to the National Electrical Code, current +edition, except as specified below: +   (a)   Festoon wiring shall be allowed where not accessible to the public and +when not less than eight feet high when indoors and when not less than 10 feet +high when outdoors; provided, that where vehicles or structures are or may come +under such wiring, the wiring shall be five feet higher than the highest part +of such vehicle or structure, including counters; provided further, that no +combustible drapes, paper or other decoration is allowed within two feet of +such festoon wiring; provided further, that there are no electrical conductors, +terminals or contacts that are not properly insulated for 300 volts; and +provided further, that such festoon wiring is for temporary use not to exceed +30 days. +   (b)   All wiring installed permanently in buildings owned by the city shall +be installed in compliance with the National Electrical Code and in rigid metal +conduit or in metal wireways or busways of equal strength and rigidity of each +respective installation. +   (c)   All wiring installed in buildings owned by the city for temporary use +not to exceed 30 days shall be installed in compliance with the National +Electrical Code and shall be armoured cable, nonmetallic sheathed cable, +electrical metallic tubing, rigid metal conduit or equivalent metal wireway or +busway and shall be installed with proper fittings, outlets and devices for +such use. +   (d)   Extension or flexible cords shall not be used if in a worn or +otherwise unsafe condition and when used shall be on the Type S hard service +cord as listed in Table 19 of the National Electrical Code and shall not exceed +25 feet in length except that portable fixtures and devices bearing the label +of approval of Underwriters’ Laboratories, Inc., may be used with cords not to +exceed six feet in length when cord is the cord regularly supplied with such +device, and when used in places that are dry and not hazardous and when not +subject to hard wear. (Code 1941, Art. 96-7) +SEC. 32-19.   USE, STORAGE, ETC., OF LIQUEFIED PETROLEUM GASES. +   Liquefied petroleum gases shall not be stored, retained or used within the +grounds and buildings of the state fair area except that liquefied petroleum +gases in interstate commerce commission bottles not to exceed a 50 pound total +may be used for temporary installations not to exceed 30 days by special +permission of the fire marshal when such containers are placed and located +outside other structures in a special housing designed and approved for that +purpose and arranged so that it will not be accessible to unauthorized persons. +Gasoline, kerosene and liquefied petroleum gases shall not be used for cooking, +heating or lighting purposes within the state fair area. (Code 1941, Art. 96-8) +SEC. 32-20.   AUTHORITY OF BUILDING INSPECTOR AND FIRE MARSHAL. +   The building inspector and the fire marshal of the city and their authorized +deputies in line of duty shall have the right of entry into any building, +structure, concession, exhibit, show or ride at any time upon presentation of +their credentials and in consideration of the special rules and regulations +contained in this article shall have the authority and right to condemn and +cause to be removed any construction, use, occupancy or anything which in their +opinion may constitute a hazard to the safety of life or property or such as +would be a probable fire hazard. (Code 1941, Art. 96-9) +Division 2. Fair Park Parking Area and Fair Park Parking Licenses. +SEC. 32-21.   DEFINITIONS. +   In this division: +      (1)   DESIGNATED SPECIAL EVENT means an event conducted at Fair Park +during which the city council has by resolution authorized the parking of motor +vehicles for compensation in the Fair Park parking area in accordance with this +division. +      (2)   DIRECTOR means the director of the department designated by the +city manager to enforce and administer this division, or the director’s +authorized representative. +      (3)   FAIR PARK PARKING AREA means the area contained within the +following boundaries and includes the widths of all streets and rights-of-way +referenced: +         BEGINNING at the intersection of the southeast right-of- way line of +R. L. Thornton Freeway (Interstate Highway 30) with Peak Street; +         THENCE southeastward along Peak Street to Stonewall Street; +         THENCE eastward along Stonewall Street to McKenzie Street; +         THENCE southeastward along McKenzie Street to Herndon Street; +         THENCE southward along Herndon Street to the southwest line of the +Dallas Area Rapid Transit Authority (“DART”) right-of-way; +         THENCE eastward along the southwest line of the DART right-of-way to +Metropolitan Street; +         THENCE southwestward along Metropolitan Street to the northeast line +of the DART right-of-way; +         THENCE northwestward along the northeast line of the DART right-of-way +to Martin Luther King, Jr. Boulevard; +         THENCE southwestward along Martin Luther King, Jr. Boulevard to +Malcolm X Boulevard; +         THENCE northwestward along Malcolm X Boulevard to Grand Avenue; +         THENCE northeastward along Grand Avenue to the northeast line of the +DART right-of-way; +         THENCE northwestward along the northeast line of the DART right-of-way +to the southeast line of R. L. Thornton Freeway; +         THENCE northeastward along R. L. Thornton Freeway to the point of +beginning. +      (4)   FAIR PARK PARKING LICENSE means written authority issued under this +division that allows a person to park a motor vehicle for compensation within +the Fair Park parking area during the state fair of Texas or any other +designated special event. +      (5)   STATE FAIR OF TEXAS means the annual fall fair held at Fair Park. +(Ord. Nos. 22067; 29102) +SEC. 32-22.   FAIR PARK PARKING LICENSE REQUIRED. +   A person commits an offense if he, either for himself or as an agent or +representative of another, engages in the business of parking motor vehicles +for compensation within the Fair Park parking area during the state fair of +Texas or any designated special event without having a valid Fair Park parking +license. (Ord. Nos. 4037; 22067; 29102) +SEC. 32-23.   LICENSE APPLICATION. +   Every person desiring a Fair Park parking license shall file an application +with the director on a form provided for that purpose. The application must +include: +      (1)   the trade name, address, and telephone number of the business, if +any; +      (2)   the name, address, and telephone number of the applicant; +      (3)   whether the applicant is an owner, member, or employee of the +business; +      (4)   the name, address, and telephone number of the owner of the +property on which motor vehicles will be parked for compensation, if the +property owner is different from the applicant; +      (5)   the address of the property on which motor vehicles will be parked +for compensation and the extent of the area on which the business is to +operate; +      (6)   proof of ownership of the property on which motor vehicles will be +parked for compensation, or, if the applicant is not the property owner, a +current notarized statement from the owner authorizing the operation of the +business on the property; +      (7)   an agreement to indemnify the city and its officers and employees +against all claims of damage or injury to persons or property, whether public +or private, arising out of the parking of motor vehicles by the applicant, or +by the applicant’s agents or representatives, for compensation within the Fair +Park parking area; +      (8)   the signature of the applicant (if the applicant is a corporation, +the signature of a duly authorized officer and, if the applicant is a +partnership, the signature of one of the partners); and +      (9)   any other information the director considers necessary to the +enforcement and implementation of this division. (Ord. Nos. 4037; 16703; 22067; +29102) +SEC. 32-24.   INVESTIGATION OF APPLICATION. +   Upon the filing of a properly filled out application for a Fair Park parking +license, the director shall make or cause to be made such investigation as is +deemed necessary to determine the fitness of the applicant for a license. (Ord. +Nos. 4037; 4124; 21037; 22067; 29102) +SEC. 32-25.   ISSUANCE OF LICENSE; EXPIRATION. +   (a)   Upon approving the license application and receiving payment of the +license fee required by this division, the director shall issue a Fair Park +parking license to the applicant. +   (b)   The issuance of a license under this division permits premises to be +used as a parking area only during the period of the state fair of Texas and +any designated special event, although the premises are not zoned for such use +under the Dallas Development Code. Within the area bounded by Fitzhugh Avenue, +the T. and P. Railroad, Metropolitan Avenue, and R. B. Cullum Boulevard, +parking must be limited to driveways and vacant lots. +   (c)   No license may be issued under this division during an event in +progress unless the director received the license application at least five +business days before the day the event began. +   (d)   The issuance of any license under this division does not grant or +confer any vested right to the licensee or operator, but is subject to +revocation or cancellation as provided in this division. +   (e)   A Fair Park parking license expires May 31 of each year and may be +renewed by making application in accordance with Section +32-23. A licensee shall apply for renewal at least 30 days before the +expiration of the license. (Ord. Nos. 4037; 4124; 16703; 22067; 29102) +SEC. 32-26.   LICENSE FEE. +   The annual fee for a Fair Park parking license is $100. No refund of a +license fee will be made. (Ord. Nos. 4037; 16703; 18411; 22067; 29102; 31657) +SEC. 32-27.   LICENSE REVOCATION; APPEAL. +   In addition to any other penalties, the director may revoke a Fair Park +parking license if the director determines that a licensee has violated any +provision of this division. A licensee may appeal the revocation of a license +to the permit and license appeal board in accordance with Section +2-96 of this code. (Ord. Nos. 4037; 16703; 18200; 22067; 29102) +SEC. 32-28.   SUPERVISING ATTENDANT; DISPLAY OF LICENSE. +   (a)   A supervising attendant shall remain on the licensed premises at all +times during which a motor vehicle is parked or remains parked on the premises +for compensation. +   (b)   A person issued a Fair Park parking license under this division shall +ensure that the laminated license is displayed in a conspicuous manner on the +clothing of the supervising attendant at all times the supervising attendant is +on duty at the licensed premises. (Ord. Nos. 22067; 29102) +SEC 32-28.1.   FAIR PARK PARKING AREA - MAXIMUM PARKING FEE. +   A person commits an offense if, during the state fair of Texas or any +designated special event, he charges a customer a fee for parking a motor +vehicle within the Fair Park parking area that is more than 150 percent of the +fee that is charged for parking a motor vehicle within the fair grounds. (Ord. +Nos. 4037; 4124; 12701; 14684; 16703; 22067; 29102) +SEC. 32-28.2.   POSTING OF PARKING FEES REQUIRED. +   (a)   A person who engages in the business of parking motor vehicles for +compensation in the Fair Park parking area during the state fair of Texas or +any designated special event shall post a sign in a conspicuous place on the +premises that indicates, in letters at least five inches high, the fee charged +for parking a motor vehicle on the premises. +   (b)   A person commits an offense if he charges a fee for parking a motor +vehicle in the Fair Park parking area that is higher than the fee indicated on +the sign posted on the premises. (Ord. Nos. 16710; 22067; 29102) +SEC. 32-28.3.   POSTING SIGNS TO PROHIBIT PARKING ON CERTAIN PROPERTY NEAR FAIR +PARK. +   (a)   Any person who owns or rents property that is located within the Fair +Park parking area or within the following boundaries (including the widths of +all streets and rights-of-way referenced) in the vicinity of Fair Park is +authorized to post signs to prohibit the parking of motor vehicles on that +property: +      BEGINNING at the intersection of the northeast right- of-way line of Peak +Street with R. L. Thornton Freeway (Interstate Highway 30); +      THENCE northeastward along R. L. Thornton Freeway to Carroll Avenue; +      THENCE southeastward along Carroll Avenue to Haskell Avenue; +      THENCE eastward along Haskell Avenue to Fitzhugh Avenue; +      THENCE southeastward along Fitzhugh Avenue to Fitzhugh Avenue/Crosstown +Expressway; +      THENCE southward along Fitzhugh Avenue/ Crosstown Expressway to the +southwest line of the Dallas Area Rapid Transit Authority (“DART”) right- of- +way; +      THENCE westward along the southwest line of the DART right-of-way to +Herndon Street; +      THENCE northward along Herndon Street to McKenzie Street; +      THENCE northwestward along McKenzie Street to Haskell Avenue; +      THENCE westward along Haskell Avenue to Stonewall Street; +      THENCE northwestward along Stonewall Street to Peak Street; +      THENCE northwestward along Peak Street to the point of beginning. +   (b)   Signs that are posted in accordance with Subsection (a) must be placed +in a conspicuous place on the property. The words on the sign used to prohibit +parking must be in letters not less than five inches high and must be visible +and legible from the public street or accessway to the property. +   (c)   A person commits an offense if he parks a vehicle on any property +located within the Fair Park parking area or the boundaries described in +Subsection (a), when the property has a sign posted on it that prohibits +parking as set forth in Subsection (b). It is a defense to prosecution under +this subsection that the vehicle was parked with the express consent of the +owner or occupant of the property, and no compensation was received for the +parking of the vehicle. +   (d)   Any vehicle that is found unattended or unoccupied upon any property +in violation of this section is a nuisance, and the fact that the vehicle is +unattended or unoccupied by any person is prima facie evidence that the vehicle +owner unlawfully parked the vehicle. +   (e)   Whenever any police officer finds a vehicle parked or standing upon +property in violation of this section, the officer is authorized to require the +driver or other person in charge of the vehicle to move the vehicle from the +property. Any police officer who finds a vehicle parked and unattended or +unoccupied in violation of this section is authorized to remove the vehicle +from the property to a vehicle storage facility designated by the police chief. +(Ord. Nos. 12707; 21037; 29102) +ARTICLE III. +MARSALIS PARK ZOO. +SEC. 32-29.   HOURS OF OPENING AND CLOSING - ESTABLISHED; EXCEPTIONS. +   The Marsalis Park Zoo shall open at 7:00 a.m. each day of the week and shall +be closed each day of the week at 9:00 p.m.; excepting, however, the two below +listed tracts consisting of the picnic area in Tract No. 1 and the ride +concession area and animal shelter in Tract No. 2, as hereinafter described, +shall not be subject to this section: +TRACT NO. 1. +Beginning at a point in the west line of South Marsalis Avenue 175 feet south +of the center line of Opera Street; thence southward along the property line a +distance of 100 feet; thence south 42 degrees west a distance of 480 feet to a +point near the southwest corner of the picnic shelter; thence north 38 degrees +west a distance of 450 feet to a point in the center of a park drive; thence +north 52 degrees east a distance of 180 feet to a point in the south border +line of an automobile parking area; thence southeastward following the curb +border line of the auto parking area a distance of 680 feet to the place of +beginning. Said tract designated herein includes all of the area usually +occupied for picnic purposes. +TRACT NO. 2. +Beginning at a point in the north property line of Clarendon Avenue 50 feet +east of the east line of the building occupied as an animal shelter; thence +westward with the north property line of Clarendon Avenue a distance of 850 +feet; thence northward a distance of 80 feet to the upper south bank of Cedar +Creek; thence eastward following the meanders of the upper south bank of Cedar +Creek a distance of 880 feet; thence southward a distance of 165 feet to the +place of beginning. (Ord. 6230) +SEC. 32-30.   SAME - NOTICE OF CLOSING HOURS. +   Signs advising the public that the Marsalis Park Zoo is closed at 9:00 p.m. +each day shall be place at all street entrances to the zoo prior to 9:00 p.m. +each day. (Ord. 6230) +SEC. 32-31.   SAME - REMAINING IN ZOO AFTER CLOSING HOURS. +   No person shall enter or remain in Marsalis Park Zoo, except as provided in +Section +32-29, after 9:00 p.m. of any day without authority of the park board of the +city. (Ord. 6230) +ARTICLE IV. +WHITE ROCK LAKE AND BACHMAN LAKE RESERVOIRS. +Division 1. Generally. +SEC. 32-32.   JURISDICTION OF PARK AND RECREATION BOARD SUBJECT TO PRIMARY +RIGHT OF DALLAS WATER UTILITIES. +   The jurisdiction of the park and recreation board over the White Rock Lake +property and the Bachman's Dam property shall be subject to the primary right +of Dallas Water Utilities to utilize it for waterworks purposes and the park +and recreation board shall in no way interfere with the exercise of the right +in the event that it becomes expedient and necessary to again devote those +properties for the use of waterworks purposes. Any building on the respective +sites owned and operated by Dallas Water Utilities shall continue to be at the +disposal of Dallas Water Utilities at all times. (Ord. Nos. 8018; 32407) +SEC. 32-33.   AUTHORITY OF CITY POLICE ON PROPERTY. +   Any police officer of the city shall have authority to arrest any person on +any property owned and used by the city for recreational or water supply +purposes for violation of any of the provisions of this article. (Ord. Nos. +8018; 32407) +SEC. 32-34.   POWERS AND DUTIES OF PARK AND RECREATION DIRECTOR. +   The director of the park and recreation department or the director's +designee, subject to the control and direction of the park and recreation +board, shall have full charge and control of the waters of the lakes and +grounds of White Rock and Bachman Lakes, and shall have the right at all times +to command and preserve the peace and patrol such waters and grounds or to +cause the same to be done for the purpose of enforcing obedience and strict +compliance upon the part of any person with the terms, provisions, and +conditions of this article and all other provisions of this code, laws, +ordinances, rules, and regulations of the city relating to the waters of White +Rock and Bachman Lakes and the grounds adjacent thereto. (Ord. Nos. 8018; +32407) +SEC. 32-35.   DISTURBING TREES AND SHRUBS; GATHERING PECANS. +   It shall be unlawful for any person to disturb any of the shrubbery or trees +and particularly the pecan trees growing upon the lands adjacent to White Rock +and included within White Rock and Bachman Lakes. It shall be unlawful for any +person to thrash, throw sticks into, or otherwise disturb pecan trees and it +shall be unlawful for any person to gather pecans from the trees growing upon +such premises; except, that persons may pick up from the ground pecans that +have fallen thereon. (Ord. Nos. 8018; 32407) +SEC. 32-36.   COMMERCIAL VEHICLES PROHIBITED; SPEED LIMIT OF VEHICLES. +   No commercial vehicles or trucks shall be permitted to go upon or travel +over the driveways and roads located on the grounds of White Rock and Bachman +Lakes that are constructed and maintained as part of the facilities of the +grounds in their use as a public park. No motor driven vehicle or automobile +shall travel at a greater rate of speed than the speed limits posted on +standard traffic signs in or upon such driveways maintained in the use of such +park grounds. (Ord. Nos. 8018; 32407) +SEC. 32-37.   SEINING FOR MINNOWS. +   It shall be unlawful for any person to seine for minnows or use a seine for +any purpose within the waters of White Rock or Bachman Lakes. (Ord. Nos. 8018; +32407) +SEC. 32-38.   RESERVED. +SEC. 32-39.   SWIMMING. +   It shall be unlawful for any person to swim or bathe in the waters of White +Rock and Bachman Lakes. (Ord. Nos. 8018; 32407) +Division 2. Operation of Boats. +SEC. 32-40.   EQUIPMENT PROHIBITED ON THE WATER. +   (a)   A person commits an offense if he takes a surfboard, jet ski, water +skis, or other similar device on the waters of White Rock or Bachman Lakes. +City Departments have the authority to use jet skis or other similar devices on +the waters to address an emergency. +   (b)   Except as provided in this section, a person commits an offense if he +operates a boat by means of a motor having a commercial-power rating in excess +of 10.5 H.P. on the waters of White Rock or Bachman Lakes. +   (c)   It is a defense to prosecution under Subsection (a) or (b) that the +person was participating in a special recreational event authorized in writing +by the park and recreation board. +   (d)   It is a defense to prosecution under Subsection (b) that the person +was a city employee operating a motorboat in the scope of his or her +employment. +   (e)   Rescue boats utilized by the Dallas Fire-Rescue Department and the +Dallas Police Department may use a motor as determined appropriate by them on +waters of White Rock or Bachman Lakes. +   (f)   Rescue boats utilized by authorized users under a formal city +agreement may use a motor having a commercial power rating of 60 H.P. on waters +of White Rock or Bachman Lakes. (Ord. Nos. 8018; 15195; 32407) +SEC. 32-41.   SANITARY REQUIREMENTS GENERALLY. +   All persons using and operating a boat in the waters of the lakes shall do +so in such a manner as to not create an unsanitary condition in or about such +waters, and not to pollute such water or make them unwholesome or unfit for +use. It shall be unlawful for any person to swim or wash any article of any +character in the waters of White Rock and Bachman Lakes, or throw or place or +deposit any trash, urine, excrement, or filth of any kind in waters of such +lakes, or to deposit or throw any substance of any kind in such waters which +will pollute or is likely to pollute the waters of such lakes, and all such +persons shall obey all sanitary regulations and provisions contained in this +code regulating the use of such waters and ground. (Ord. Nos. 8018; 32407) +SEC. 32-42.   PROHIBITION OF BOATS TO SUPPRESS EPIDEMIC. +   The city council shall at all times have full power and authority to +prohibit the use and operation of any and all boats in the waters of the lakes +should it become necessary, in the opinion of the city council, to do so for +the purpose of suppressing and arresting any epidemic or any contagious or +infectious disease or whenever, in the opinion of the city council, the use and +operation of boats in such waters should be discontinued for any reason +whatever. Subject to such control and supervision, the lakes shall be +controlled and maintained for recreational purposes by the park and recreation +board. (Ord. Nos. 8018; 32407) +SEC. 32-43.   USE OF BOAT UNDER INFLUENCE OF INTOXICANTS. +   It shall be unlawful for any person to go upon the waters of White Rock and +Bachman Lakes or to operate a boat upon such waters while under the influence +of liquor or intoxicating beverages of any character. (Ord. Nos. 8018; 32407) +SEC. 32-44.   SPECIAL RECREATIONAL EVENTS. +   On certain occasions and for the purpose of recreational and sports events +at White Rock or Bachman Lakes, the park and recreation board may authorize the +use of water equipment and motorboats that are otherwise prohibited by Section +32-40. This special use shall be under the supervision of the director of the +park and recreation department. (Ord. Nos. 8018; 15195; 32407) +SEC. 32-45.   MANNER OF OPERATION GENERALLY. +   Every person using or operating a boat of any character or description upon +the waters of the lakes shall use and operate the same in careful and prudent +manner, so as not to collide or come in contact with any other boat being used +or operated in such waters, and so as to avoid accident and injury to any +person or damage to property. Failure to use and operate any boat in such +waters in a careful and prudent manner and so as to avoid accident and injury +to persons or damage to property is an offense. (Ord. Nos. 8018; 19963; 32407) +SEC. 32-46.   RESERVED. +SEC. 32-47.   LIFE PRESERVERS; LIGHTS; MUFFLERS; SPEED. +   (a)   Life preservers must be worn in compliance with Texas Parks & Wildlife +regulations regarding life preserving devices. +   (b)   All motorboats or boats propelled by motors in the waters of White +Rock Lake must be equipped with lights according to United States government +regulations. All rowboats, sailboats, or other watercraft must have a light on +some part thereof. The lights on such boats must be operated after sunset so +that the same are visible for a distance of one-half mile. +   (c)   All motorboats must be equipped with mufflers on the exhausts. The +park and recreation board shall have authorization to establish safety zones +and speed limits by the placing of buoys wherever deemed advisable for the +safety of all water participants and it shall hereafter be unlawful for a speed +boat or motorboat to go or travel within the designated areas plainly marked by +buoys or shorelines and at a speed greater than five miles per hour. Motorboats +or speed boats in coming to the docks or landing places must slow down to five +miles per hour. +   (d)   Boating is prohibited from sundown to sunup on Bachman Lake, unless +under a formal city agreement. (Ord. Nos. 8018; 32407) +SEC. 32-48.   SEAWORTHINESS GENERALLY; IMPOUNDING LOOSE BOATS. +   (a)   It shall be unlawful for any person to place, keep, and use any +watercraft of any description on the waters of the lakes if such craft is not +seaworthy. If any such craft is, in the opinion of the officer enforcing the +terms of this article, unseaworthy, he may bar the use of such unseaworthy +craft until the same is reconditioned. +   (b)   All boats, of every kind and description, that are not anchored or are +loose shall be impounded in accordance with the provisions of this article. If +such boat is not redeemed or retrieved within 30 days after such impounding, it +shall be disposed of in accordance with Division 2, "Sale of Unclaimed and +Surplus Property," of Article IV, "Procurement," of +Chapter 2, "Administration," of the Dallas City Code, as amended. (Ord. Nos. +8018; 32407) +SEC. 32-49.   SIRENS. +   (a)   Except as provided in this section, it shall be unlawful for any +person or persons to equip a motorboat with a siren and to use such siren on +the waters of White Rock and Bachman Lakes. +   (b)   Rescue boats may be equipped with sirens. (Ord. Nos. 8018; 32407) +SEC. 32-50.   CATCHING FISH FOR SALE. +   No person shall use or operate a boat of any kind or description in the +waters of the lakes for the purpose of catching and taking fish, game, or other +wildlife for market or sale. This shall not apply to persons authorized by +contract by the park and recreation board to remove rough fish under the +supervision of the director of park and recreation when such persons are +licensed by the state fish and game commission to remove rough fish. (Ord. Nos. +8018; 32407) +SEC. 32-51.   DESIGNATION OF AREA FOR ANCHORING SAILBOATS. +   (a)   Except as provided in this section, all sailboats on White Rock Lake, +in the city, shall be anchored only at the following location, or part thereof, +on the shore of White Rock Lake: +   Beginning at the Garland Highway and following the meanderings of the lake +for a distance of 3.5 miles to the south point. The south point as designated +herein is .7 mile from the north point; and the north point, as designated and +referred to herein, is 1.2 miles from the highway. The area herein referred to +between the south and north points is commonly referred to and known as Big +Thicket Bay. +   (b)   The director of the park and recreation department or the director's +designee, shall determine the number of boats that can be safely anchored in +the location at one time. +   (c)   If a sailing club has entered an agreement with the city, sailboats +may be moored at the location specified in the agreement. (Ord. Nos. 8018; +32407) +SEC. 32-52.   RESERVED. +SEC. 32-53.   IMPOUNDMENT FOR LACK OF LICENSE; REDEMPTION. +   The director of park and recreation or the director's designee shall have +the right to impound all boats on White Rock and Bachman that are on such lakes +without a required state-issued license. The director of park and recreation +and those acting under his or her directions shall hold every boat impounded in +accordance with this article for 30 days after the same is impounded. The owner +shall secure and affix to such boat before removing same from the possession of +the director of park and recreation or the director's designee the required +state- issued license. (Ord. Nos. 8018; 32407) +SEC. 32-54.   DISPOSITION OF IMPOUNDED BOATS FOR NORMAL SALES TO REDEEM. +   (a)   If the owner shall not redeem a boat impounded in accordance with this +article within 30 days from the date of it being impounded, the director of +parks and recreation or the director's designee shall cause the impounded boat +to be disposed of in accordance with Division 2, "Sale of Unclaimed and Surplus +Property," of Article IV, "Procurement," of +Chapter 2, "Administration," of the Dallas City Code, as amended. +   (b)   If the owner of an impounded boat shall desire to redeem the same +after the expiration of 30 days as set out above, but before the final sale is +made, he may do so by securing a state-issued license for the then current +year, and the payment of all costs of sale incurred up to that time and by +affixing to the boat the state- issued licenses required by the terms of this +article. The city shall not be liable for any damages in connection with the +sale of any boat. (Ord. Nos. 8018; 32407) +ARTICLE V. +ELM FORK. +SEC. 32-55.   POLLUTING WATERS. +   It shall be unlawful for any person to pollute any of the waters of Elm Fork +impounded by reason of the dams maintained by the city, viz., Carrollton, +California, Elm Fork and Grape Vine Dams. It shall be unlawful for any person +to use in any manner such water or create a condition that may likely pollute +the waters or so as to cause the waters to become unwholesome for domestic use +by the inhabitants of the city or so as to affect the health or life of the +inhabitants of the city. (Code 1941, Art. 157-1) +SEC. 32-56.   CREATING FILTH. +   It shall be unlawful to cause in any manner any filth to be created in or +about the waters of Elm Fork, or to do any act in or about the waters or along +the banks of the waters or on the watersheds of the waters that is likely to +pollute the waters or render them unwholesome for domestic use or that is +likely to affect the water so as to endanger the lives and health of the +inhabitants of the city. (Code 1941, Art. 157-2) +SEC. 32-57.   ACTIVITIES PROHIBITED BY TWO PRECEDING SECTIONS DEEMED NUISANCES. +   Any of the acts or practices set out in the two preceding sections shall be +deemed to be nuisances as affecting the health and lives of the inhabitants of +the city. (Code 1941, Art. 157-3) +SEC. 32-58.   AUTHORITY OF DIRECTOR OF PUBLIC HEALTH AND CHIEF OF POLICE. +   The director of public health and the chief of police are hereby authorized +to exercise full police authority over the waters of Elm Fork and to enforce +the terms and provisions of this article. (Code 1941, Art. 157-4) +SEC. 32-59.   POWER AND AUTHORITY OF CITY; GUARDS. +   The full power and authority of the city is hereby extended over the +territory and waters of Elm Fork for the purposes contemplated by this article. +The city, through its department of public health and the police department and +in behalf of the preservation of the public health, may order portions of the +waters not to be trespassed upon by any person. It shall be deemed a trespass +on the part of any person to swim, bathe or otherwise use the waters contrary +to the terms of this article. The city may place guards for the purpose of +guarding the waters against pollution and for the purpose of carrying out the +terms of this article. (Code 1941, Art. 157-8) +SEC. 32-60.   PENALTY; CIVIL ACTIONS. +   Any person violating any of the terms of this article is guilty of an +offense. Such penalty may be enforced in any court having jurisdiction thereof +against any violation of this article and may also be enforced in the municipal +court. In addition to such penalty, the right shall exist, in behalf of the +public health of the city, for the director of public health or the chief of +police or any person whose health may be affected thereby to bring any cause of +action in any competent court by way of injunction or otherwise against any +person violating any of the terms of this article. (Code 1941, Art. 157-7; Ord. +19963) +ARTICLE VI. +LAKE RAY HUBBARD. +SEC. 32-61.   TEMPORARY SCOPE. +   The temporary use of the land area adjacent to Lake Ray Hubbard for +recreational purposes is supplemental to the purpose of the lake as a water +supply reservoir. Nothing in this article is intended to bring the area within +the scope of Chapter 26 of the Texas Parks and Wildlife Code; provided, that +Elgin B. Robertson Park, an area of 257 acres located in Dallas and Rockwall +Counties on a peninsula between the East Fork and Muddy Creek arms of Lake Ray +Hubbard, was purchased for park and recreational purposes and forms a part of +the City of Dallas Park System. (Ord. Nos. 15071; 21176) +SEC. 32-62.   DEFINITIONS. +   In this article: +      (1)   CITY means the city of Dallas, Texas. +      (2)   DIRECTOR means the director of the department of water utilities of +the city of Dallas or an authorized representative. +      (3)   LAKE means the waters of Lake Ray Hubbard as illustrated in Exhibit +A. +      (4)   LAKE SHORE means the land owned by the city surrounding the lake, +as illustrated in Exhibit A and located within the city. +      (5)   MOTOR VEHICLE means any vehicle that is self-propelled. +      (6)   PERSON means any individual assumed name entity, partnership, +joint-venture, association, or corporation. (Ord. Nos. 15071; 21176) +SEC. 32-63.   CONSTRUCTION PROHIBITED. +   No person shall build, use, or maintain any structure upon or alter the lake +shore without first obtaining express written authority from the director. +(Ord. Nos. 15071; 21176) +SEC. 32-64.   SOLICITATION PROHIBITED. +   No person shall engage in or solicit any business on the lake or lake shore +without first obtaining express written authority from the director. (Ord. Nos. +15071; 21176) +SEC. 32-65.   RESTRICTED AREAS. +   (a)   No person shall enter or use any of the following described land or +facilities located at the lake or lake shore without first obtaining express +written authority from the director: +      (1)   land below contour elevation 435.5 mean sea level as established by +the United States Geological Survey; +      (2)   land within 2,500 feet of the Forney pump station facility; +      (3)   intake works, spillway, or service roads on Forney Dam, bridge +structures, or access channels to boat docks owned and operated by the city; +      (4)   maintenance shop, equipment buildings, or equipment quarters +operated by the department of water utilities; +      (5)   Forney pump station facility and intake works; +      (6)   the lake within 1,000 feet of the overflow section of the spillway, +extending in an arc to 1,000 feet from the end of each non-overflow section; +      (7)   the lake within 1,000 feet of the Forney pump station intake works; +      (8)   the lake within 1,000 feet of any other public water supply intake; +      (9)   the stilling basin south of the Forney Dam spillway; +      (10)   all land within 300 feet on either side of the centerline of the +river channel between the Forney Dam stilling basin and U.S. 80; or +      (11)   any other restricted area designated by signs or floating buoys +marked “Restricted Area - Keep Out”. +   (b)   This section shall not apply to a city employee in the performance of +an official duty. (Ord. Nos. 15071; 18823; 21176) +SEC. 32-66.   TRESPASSING PROHIBITED IN CERTAIN AREAS. +   No person shall trespass on, fish from, or anchor a boat to the land +surrounding Forney Dam or the Dallas Power and Light Company embankment. (Ord. +Nos. 15071; 21176) +SEC. 32-67.   DESTRUCTION OF CITY PROPERTY. +   No person other than a city employee in the performance of an official duty +shall destroy, damage, deface, or remove shrubbery, trees, or other vegetation, +rock, minerals, or any other personal or real property of the city located at +the lake or lake shore. (Ord. Nos. 15071; 21176) +SEC. 32-68.   USE OF FIREARMS AND OTHER DISCHARGE DEVICES PROHIBITED. +   No person shall carry, possess, or discharge any firearm, rifle, shotgun, +automatic rifle, revolver, pistol, or other weapon designed for the purpose of +firing or discharging a shell or cartridge, or any explosive as defined in +Chapter 16 of this code or launch an arrow or like projectile from a cross bow, +long bow, blow gun or like launching device upon the lake or lake shore. This +section does not apply to a law enforcement peace officer when acting in the +performance of an official duty. (Ord. Nos. 15071; 21176) +SEC. 32-69.   DISCARDING OF WASTE PROHIBITED. +   No person shall discard any type of wastewater, trash, brush, or garbage, as +defined in this code, at the lake or lake shore, other than in garbage +containers supplied by a municipality. (Ord. Nos. 15071; 21176) +SEC. 32-70.   GASOLINE OR OIL STORAGE. +   No person shall store at the lake or lake shore any gasoline, oil, or other +inflammable or combustible liquid, as defined in the code, without first +obtaining written authority from the director. No person shall discard at the +lake or lake shore any gasoline, oil, or other petroleum products. (Ord. Nos. +15071; 21176) +SEC. 32-71.   ADVERTISEMENTS. +   No person shall post or display any private notice or advertisement at the +lake or lake shore without express written authority of the director. (Ord. +Nos. 15071; 21176) +SEC. 32-72.   PROHIBITED USES. +   (a)   No person shall anchor or operate a boat as a primary residence at the +lake. +   (b)   No person shall use the lake or lake shore as a landing area for +aircraft. (Ord. Nos. 15071; 21176) +SEC. 32-73.   DIVERSION OF WATER PROHIBITED. +   No person shall divert water from the lake without prior written authority +from the director and then only in compliance with the terms of such authority. +(Ord. Nos. 15071; 21176) +SEC. 32-74.   ABANDONMENT OF PERSONAL PROPERTY. +   (a)   No person shall abandon or leave unattended personal property at the +lake or lake shore. The city assumes no responsibility for any personal +property at the lake or lake shore. +   (b)   If property is abandoned or unattended in places other than authorized +in writing by the director, or under an existing regulation, for a period in +excess of 48 hours, the property may be impounded by the city. If personal +property is not reclaimed and an impoundment charge, if any, is not paid within +90 days, the personal property may be sold, destroyed, converted to city use, +or otherwise disposed of by the city. (Ord. Nos. 15071; 21176) +SEC. 32-75.   FISHING PROHIBITED IN CERTAIN AREAS. +   No person shall fish in the following water areas located at the lake: +   (1)   from any highway bridge structure or approach; or +   (2)   in any restricted area marked “Restricted Area - Keep Out” or any +other area appropriately designated with a sign as a “No Fishing Area”. (Ord. +Nos. 15071; 21176) +SEC. 32-76.   COMMERCIAL FISHING PROHIBITED. +   No person shall engage in the business of catching or taking fish or game +from the lake for the purpose of sale. This section shall not apply to any +person authorized by contract with the city to catch or take fish under the +supervision of the director when the person is licensed by the Texas Park and +Wild Life Department to remove fish. (Ord. Nos. 15071; 21176) +SEC. 32-77.   HUNTING PROHIBITED. +   Except for the following, no person shall intentionally hunt, capture, kill, +maim, wound, or poison any bird, mammal, or reptile at the lake or lake shore: +   (1)   city employees acting in their employment and carrying out the policy +of the city; +   (2)   independent contractors and their employees under contract with the +city, state, or federal government to perform such acts; and +   (3)   state or federal employees acting in their employment and carrying out +the policy of state or federal government. (Ord. Nos. 15071; 21176) +SEC. 32-78.   CAMPING PROHIBITED IN CERTAIN AREAS. +   (a)   No person shall camp at the lake or lake shore except in areas +appropriately designated by signs or markings. +   (b)   No person shall camp at the lake or lake shore for a period in excess +of seven consecutive days without first obtaining express written authority +from the director. +   (c)   No person shall park a house trailer or recreational vehicle at the +lake or lake shore in any area not designated by the signs or markings as +public camp grounds. No person shall leave or park a house trailer or +recreational vehicle for any period in excess of two consecutive days without +first obtaining express written authority from the director. (Ord. Nos. 15071; +21176) +SEC. 32-79.   PICNICKING IN DESIGNATED AREAS. +   No person shall picnic at the lake or lake shore in an area where picnicking +is prohibited by appropriately designated signs or markings. (Ord. Nos. 15071; +21176) +SEC. 32-80.   RECREATIONAL PROGRAMS. +   (a)   No person shall conduct any special event or recreation program such +as but not limited to a water carnival, fishing rodeo, boat regatta, speed +race, festival, trade show, or outdoor presentation at the lake or lake shore +without a permit or written authorization from the director. +   (b)   No person shall conduct any special event or recreation program at the +lake or lake shore in violation of any term or condition specified in the +permit or written authorization. (Ord. Nos. 15071; 21176) +SEC. 32-81.   VEHICLE CONTROL. +   (a)   No person shall operate a motor vehicle at the lake shore other than +on a roadway, parking area, or trail established for public motor vehicle use. +This section shall not apply to a city employee operating a vehicle in the +performance of an official duty. +   (b)   No person shall operate a motor vehicle at the lake shore in excess of +the posted speed limits. (Ord. Nos. 15071; 21176) +SEC. 32-82.   LOCAL ADDITIONS TO THE TEXAS WATER SAFETY ACT. +   (a)   No person shall moor or attach any boat to, or move, remove, displace, +tamper with, damage, or destroy, any buoy, beacon, light marker, stake, flag, +or other aid to safe operation placed upon the public waters of the state by, +or by others under the authority of, the United States or State of Texas. No +person shall moor or attach any vessel to a public boat launching ramp except +in connection with the launching or retrieving of a boat from the water. +   (b)   The operator of a vessel shall not permit the vessel to come within +750 feet of the intake structure or within any restricted area marked by +floating markers and signs, except when specifically authorized by the +director. +   (c)   A “Slow-No Wake” zone is established within 300 feet of the dam, all +jetties and the entire shoreline of the lake, and any other area that may be +designated by authorized or appropriate buoys, markers, or posted signs. No +person shall cause a wake within a “Slow-No Wake” zone. +   (d)   No person shall moor or operate any vessel for more than seven days +without mooring in an authorized facility, unless the person has written +authorization from the director. (Ord. Nos. 15071; 20161; 21176) +SEC. 32-83.   AUTHORITY TO ENFORCE. +  ��Authority to enforce this article is delegated to the department of water +utilities acting by and through the director and the police department. (Ord. +Nos. 15071; 19312; 21176) +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-39.png] +CHAPTER 33 +ASSISTED LIVING FACILITIES +Sec. +33-1.   Purpose and construction. +Sec. +33-2.   Definitions. +Sec. +33-3.   State license required. +Sec. +33-4.   City health, safety, and construction standards applicable. +Sec. +33-5.   Inspection. +Sec. +33-6.   Injunction. +Sec. +33-7.   Civil penalties. +Sec. +33-8.   Offenses and criminal penalties. +SEC. 33-1.   PURPOSE AND CONSTRUCTION. +   (a)   The purpose of this chapter is to implement the provisions of Chapter +247, Texas Health and Safety Code, as amended, which establish regulations for +the protection of the health and safety of residents of assisted living +facilities, by providing for municipal enforcement to the extent permitted by +that state law. In the event of a conflict, this chapter must be construed so +as to comply with Chapter 247, Texas Health and Safety Code, as amended. +   (b)   It is the intent and purpose of the city to administer and enforce +this chapter to ensure quality care and the protection of the health and safety +of assisted living facility residents by requiring assisted living facilities +operating within the city limits to comply with state regulations. It is the +further intent of the city to administer and enforce this chapter in compliance +with the Federal Fair Housing Amendments Act and to ensure that all persons +have equal opportunity to use and enjoy a dwelling. In the event of a conflict, +this chapter must be construed so as to comply with the Federal Fair Housing +Amendments Act. (Ord. Nos. 23631; 28706) +SEC. 33-2.   DEFINITIONS. +   In this chapter: +      (1)   ASSISTED LIVING FACILITY has the meaning given that term in Section +247.002 of the Texas Health and Safety Code, as amended. +      (2)   DIRECTOR means the director of the city department designated by +the city manager to enforce and implement this chapter, or the director’s +designated representative. +      (3)   FEDERAL FAIR HOUSING AMENDMENTS ACT means the Federal Fair Housing +Amendments Act of 1988 (42 U.S.C. §§ 3601 et seq.), as amended. +      (4)   IMMEDIATE THREAT means a situation in which there is a high +probability that serious harm or injury to a resident of an assisted living +facility could occur at any time, or has already occurred and may occur again, +if the resident is not protected effectively from the harm or if the threat is +not removed. +      (5)   LICENSE means a current, valid license to operate an assisted +living facility issued by the Texas Department of Aging and Disability Services +pursuant to Chapter 247, Texas Health and Safety Code, as amended. +      (6)   PERSON means an individual, partnership, company, corporation, +association, firm, organization, institution, or similar entity. +      (7)   PERSONAL CARE SERVICES has the meaning given that term in Section +247.002 of the Texas Health and Safety Code, as amended. (Ord. Nos. 23631; +28706) +SEC. 33-3.   STATE LICENSE REQUIRED. +   A person commits an offense if he establishes or operates an assisted living +facility in the city without a license. (Ord. Nos. 23631; 28706) +SEC. 33-4.   CITY HEALTH, SAFETY, AND CONSTRUCTION STANDARDS APPLICABLE. +   All health, safety, and construction standards established by the city in +this code, the fire code, the construction codes, and any other applicable city +ordinance or regulation apply to all assisted living facilities located within +the city. (Ord. Nos. 23631; 28706) +SEC. 33-5.   INSPECTION. +   (a)   The director may inspect any facility at reasonable times as necessary +to determine if it is an assisted living facility and to ensure compliance with +this chapter and Chapter 247, Texas Health and Safety Code, as amended. +   (b)   Upon request of the Texas Department of Aging and Disability Services, +the city attorney may petition a district court for a temporary restraining +order to inspect a facility that is allegedly required to be licensed as an +assisted living facility and that is operating without a license, when +admission to the facility cannot be obtained. +   (c)   The director shall report to the Texas Department of Aging and +Disability Services any assisted living facility that the director finds: +      (1)   is established or operating in the city without a license; +      (2)   poses an immediate threat to the health and safety of a resident of +the assisted living facility; or +      (3)   is otherwise violating a provision of Chapter 247, Texas Health and +Safety Code, as amended, or any rule, regulation, or standard governing +assisted living facilities promulgated by the Texas Department of Aging and +Disability Services under Chapter 247, Texas Health and Safety Code, as +amended. (Ord. Nos. 23631; 28706) +SEC. 33-6.   INJUNCTION. +   Upon request of the Texas Department of Aging and Disability Services, the +city attorney may petition a district court for a temporary restraining order +to restrain a continuing violation of the standards or licensing requirements +for assisted living facilities under Chapter 247 of the Texas Health and Safety +Code, as amended, if the Texas Department of Aging and Disability Services +finds that the violation creates an immediate threat to the health and safety +of the assisted living facility residents. (Ord. Nos. 23631; 28706) +SEC. 33-7.   CIVIL PENALTIES. +   The city attorney shall, upon being referred a case by the Texas Department +of Aging and Disability Services, file suit in district court to collect and +retain the civil penalty provided in Section 247.045, Texas Health and Safety +Code, as amended. The city attorney and the Texas Department of Aging and +Disability Services shall work in close cooperation throughout any legal +proceedings requested by the Texas Department of Aging and Disability Services. +(Ord. Nos. 23631; 28706) +SEC. 33-8.   OFFENSES AND CRIMINAL PENALTIES. +   (a)   A person commits an offense if he: +      (1)   violates Section +33-3 of this chapter; or +      (2)   refuses to allow or interferes with an inspection authorized under +Section +33-5(a) of this chapter. +   (b)   An offense under this chapter is punishable by a fine of not less than +$200 or more than $2,000. A separate offense occurs each day or part of a day +that the violation is committed, continued, or permitted. +   (c)   Prosecution in municipal court for an offense under this section does +not prevent the use of other enforcement remedies or procedures provided by +other city ordinances or state or federal laws that are applicable to the +person charged with or the conduct involved in the offense. (Ord. Nos. 23631; +28706) +CHAPTER 34 +PERSONNEL RULES +ARTICLE I. +GENERAL PROVISIONS. +Sec. +34-1.   Policy. +Sec. +34-2.   Administration. +Sec. +34-3.   Penalty. +Sec. +34-4.   Definitions. +Sec. +34-5.   Conditions of employment. +Sec. +34-6.   Requirements for induction. +Sec. +34-7.   Application for employment. +Sec. +34-8.   Appointments. +Sec. +34-9.   Eligibility for benefits. +Sec. +34-10.   Reappointments. +Sec. +34-11.   Probation. +Sec. +34-12.   Demotions. +Sec. +34-13.   Transfers and reassignments. +Sec. +34-14.   Terminations. +ARTICLE II. +COMPENSATION. +Sec. +34-15.   General. +Sec. +34-16.   Work hours. +Sec. +34-17.   Overtime and paid leave for civilian employees. +Sec. +34-18.   Pay for vacation leave. +Sec. +34-19.   Work hours, paid leave, and overtime for public safety employees. +Sec. +34-20.   Exempt employees. +Sec. +34-21.   Distribution of pay checks. +ARTICLE III. +LEAVE POLICIES. +Sec. +34-21.1.   General. +Sec. +34-22.   Sick leave. +Sec. +34-22.1.   Medical testing. +Sec. +34-22.2.   Quarantine leave. +Sec. +34-22.3.   Mental health leave. +Sec. +34-22.4.   Compassionate leave. +Sec. +34-23.   Vacation leave. +Sec. +34-24.   Compensatory leave. +Sec. +34-24.1.   Family and medical leave. +Sec. +34-24.2.   Paid parental leave. +Sec. +34-25.   Holidays. +Sec. +34-26.   Court leave. +Sec. +34-27.   Death-in-family leave. +Sec. +34-28.   Leave without pay. +Sec. +34-29.   Leave with pay (excused absence). +Sec. +34-30.   Military service/military leave. +Sec. +34-31.   Injury leave. +Sec. +34-31.1.   Mandatory city leave. +ARTICLE IV. +BENEFITS. +Sec. +34-32.   Health benefit plans. +Sec. +34-33.   Life insurance. +Sec. +34-34.   Reserved. +ARTICLE V. +RULES OF CONDUCT. +Sec. +34-35.   Fair employment practices. +Sec. +34-36.   Rules of conduct. +ARTICLE VI. +DISCIPLINE, GRIEVANCE, AND APPEAL PROCEDURES. +Sec. +34-37.   Discipline procedures. +Sec. +34-38.   Grievance and appeal procedures. +Sec. +34-39.   Appeals to the civil service board. +Sec. +34-40.   Appeals to the trial board or administrative law judge. +Sec. +34-41.   Reserved. +ARTICLE VII. +WAGE SUPPLEMENTATION. +Sec. +34-42.   Reserved. +Sec. +34-43.   Wage supplementation plan. +Sec. +34-44.   Reserved. +Sec. +34-45.   Benefit policy for off-duty security or traffic control services. +ARTICLE I. +GENERAL PROVISIONS. +SEC. 34-1.   POLICY. +   The provisions of this chapter are subject to modification, rescission, and +amendment by the Dallas city council at any time. Nothing in this chapter +conveys a contract of employment with the city of Dallas and nothing in this +chapter is intended to be a term of a contract when combined with any other +document, instrument, or writing. Nothing in this chapter conveys a private +cause of action to any employee. (Ord. Nos. 24873; 26182; 30657) +SEC. 34-2.   ADMINISTRATION. +   (a)   City manager. +      (1)   The city manager is designated by the charter as the chief +administrative and executive officer with appointing authority for all +positions of employment with the city, except as otherwise provided by the city +charter. +      (2)   The city manager is responsible for employee efficiency, morale, +and welfare. The city manager, a department director, or a designated +representative of either may discharge, demote, suspend, or reprimand any +employee, subject to provisions of the charter. +   (b)   Director of human resources. The director of human resources is +appointed by the city manager to administer the human resources system as +established by the city charter, this chapter, and other applicable city +ordinances and state and federal laws. Responsibilities include, but are not +limited to, the following: +      (1)   Establishing processing and orientation procedures for all new city +employees. +      (2)   Reviewing and approving all appointments, reappointments, and +reinstatements to city employment. +      (3)   Providing and administering human resources programs, rules, +regulations, procedures, and actions affecting employment status, including, +but not limited to, promotions, transfers, leaves of absence, and paid leave +programs. +      (4)   Administering and ensuring compliance with disciplinary and +grievance procedures in cooperation with department directors, assistant +directors, and supervisors, except as otherwise provided in this chapter. +      (5)   Reviewing departmental human resources programs, rules, +regulations, procedures, and actions and ensuring compliance with city policies +and this chapter. +      (6)   Ensuring departmental compliance and cooperation with the rules and +regulations of the civil service board, when applicable. +      (7)   Providing regulations, guidelines, procedures, and assistance to +employees and departments regarding human resources-related complaints, +excluding formal complaints filed with the civil service board. +      (8)   Regulating information made available to employees by regular +distribution, including all charity drives or fund solicitations in which +employees are asked to contribute or participate. +      (9)   Developing and administering, in cooperation with other +departments, training and development programs for city employees. +      (10)   Administering the employee benefit program as directed by the city +manager. +      (11)   Developing, recommending, and administering equitable compensation +and benefit programs for city employees. +      (12)   Maintaining master employee human resources files and, in +consultation with the city attorney, developing procedures for responding to +all requests for human resources information. +      (13)   Reviewing all council resolutions amending the number of budgeted +positions or the salary and classification schedules. +      (14)   Maintaining an employee service awards program. +      (15)   Administering classification and evaluation programs applicable to +positions of employment. +      (16)   Administering the unemployment compensation program. +      (17)   Maintaining a human resources information system and preparing and +submitting all statistical human resources reports required by federal, state, +or other agencies. +      (18)   Providing guidance, consultation, and personnel information to +other departments. +      (19)   Developing and maintaining an employee performance evaluation and +associated merit pay program. +      (20)   Performing all other actions necessary for the proper +administration of the human resources system as established by the city +charter, this chapter, and other applicable city ordinances and state and +federal laws. +   (c)   Fire and police departments. The chiefs of the fire and police +departments shall, respectively, designate an officer of rank in each +department who shall act as human resources officer, subject to the direction +and supervision of the chief of the department. Those officers shall cooperate +with the director of human resources in all departmental human resources +matters relating to their respective departments and maintain complete +departmental human resources records. +   (d)   Certification for classified positions. The names of persons eligible +for classified positions are certified by the civil service board only upon +request of the city manager, a department head, the director of human +resources, or a designated representative. (Ord. Nos. 19340; 19473; 22026; +24873; 28424; 31745) +SEC. 34-3.   PENALTY. +   An employee who fails to comply with this chapter, or who violates one or +more of the rules of conduct set forth in this chapter, is subject to +appropriate disciplinary action, including reprimand, suspension, demotion, or +discharge, whichever is applicable. All disciplinary action taken and any +appeal from the disciplinary action must be in conformance with the procedures +established by the city charter, this chapter, departmental rules and +regulations, and other applicable law. (Ord. Nos. 19340; 24873) +SEC. 34-4.   DEFINITIONS. +   In this chapter: +   (1)   ADMINISTRATIVE TERMINATION means termination because of death, +disability, service retirement, or end of a temporary assignment. +   (2)   APPOINTMENT means: +            (A)   initial city employment; or +            (B)   placement into a position of department director, assistant +department director, or other managerial personnel designated by the city +council in accordance with Section 11, Chapter XVI of the city charter, +regardless of whether the placement was through a competitive or noncompetitive +selection process. +   (3)   ASSIGNMENT PAY means additional compensation for specialized duties as +established by the salary and classification schedule. +   (4)   AUTHORIZED POSITION means an individual position described by a +specific classification title and approved by the city council. Any change to +an authorized position requires city council approval. +   (5)   BASE HOURLY RATE OF PAY means the hourly rate of an employee's base +salary as established in the salary and classification schedule for nonexempt +employees. +   (6)   BENEFIT means an employer-sponsored program that includes, but is not +limited to, paid leave and health and life insurance benefits, but does not +include wages, merit increases, service credit, or seniority. +   (7)   BREAK IN SERVICE means termination for one or more work days as a +result of: +      (A)   administrative termination, resignation, reduction in force, or +discharge, followed by reappointment; or +      (B)   leave of absence without pay for more than six consecutive calendar +weeks, except to the extent that the leave without pay is authorized by federal +or state law. +   (8)   CITY means the city of Dallas, Texas. +   (9)   CIVIL SERVICE BOARD means the civil service board of the city. +   (10)   CLASSIFICATION means all positions, regardless of departmental +location, that are sufficiently alike in duties and responsibilities to: +      (A)   be called by the same descriptive title; +      (B)   be accorded the same pay scale under like conditions; and +      (C)   require substantially the same education, experience, and skills. +   (11)   CLASSIFICATION CHANGE means revision of a position title that may +include an adjustment of pay range. +   (12)   CLASSIFIED POSITION means a position that is subject to civil service +rules and regulations as designated by the city charter. +   (13)   DEMOTION means a demotion as defined in Section +34-12(a) of this chapter. +   (14)   DISCHARGE means involuntary termination. +   (15)   EMPLOYEE means a person employed and paid a salary or wages by the +city, whether under civil service or not, and includes a person on a part-time +basis, but does not include an independent contractor or city council member. +   (16)   EMPLOYEES’ RETIREMENT FUND BOARD means the board of trustees of the +employees’ retirement fund of the city of Dallas. +   (17)   EXEMPT EMPLOYEE means an exempt employee as defined by the Fair Labor +Standards Act, as amended. +   (18)   FAMILY AND MEDICAL LEAVE ACT means the Family and Medical Leave Act +of 1993 (29 U.S.C.A. §§ 2601 et seq.), as amended. +   (19)   FAMILY LEAVE means authorized leave as provided for in the Family and +Medical Leave Act. +   (20)   FIRE DEPARTMENT means the fire-rescue department of the city. +   (21)   FLEX TIME means a balancing time entry process that provides exempt +employees with the opportunity to substitute additional hours worked outside of +his or her normal work schedule for time not worked during the same pay period +in order to meet the total 80 hours required in a pay period. Flex time is a +balancing entry only and is not paid leave. +   (22)   FURLOUGH LEAVE means time off from work when employees are placed in +a temporary non- duty, non-pay status for required budgetary reasons. +   (23)   GENDER IDENTITY AND EXPRESSION means an individual's real or +perceived gender identity as male, female, both, or neither. +   (24)   GRADE means a division of a salary and classification schedule with +specified rates or ranges of pay. +   (25)   GRIEVANCE means an employee’s formal, written complaint regarding +work conditions that the employee claims have been adversely affected by a +violation, misinterpretation, or misapplication of a specific law, ordinance, +resolution, policy, rule, or regulation. +   (26)   IMMEDIATE FAMILY MEMBER means: +      (A)   a husband, wife, father, mother, father-in-law, mother-in-law, son, +daughter, foster child, brother, or sister of an employee; or +      (B)   any person related to an employee by blood or marriage and who +resides in the same household as the employee. +   (27)  ��INTERNAL APPEAL means an administrative appeal to which an employee +may be entitled under this chapter, this code, the city charter, or +departmental regulations. +   (28)   LEAVE WITHOUT PAY means an authorized temporary absence without pay. +   (29)   MANDATORY CITY LEAVE means paid leave that is provided to employees +by the city as a result of budget-related pay reductions. +   (30)   MERIT INCREASE means a discretionary increase in salary based on +performance. +   (31)   MILITARY LEAVE means authorized leave to perform duties in the +military service as provided for in: +      (A)   the Uniformed Services Employment and Reemployment Rights Act; +      (B)   Chapter 431 of the Texas Government Code, as amended; and +      (C)   Chapter 613 of the Texas Government Code, as amended. +   (32)   MILITARY SERVICE means: +      (A)   the uniformed services, as defined in the Uniformed Services +Employment and Reemployment Rights Act; +      (B)   the state militia, as defined in Chapter 431 of the Texas +Government Code, as amended; and +      (C)   the military service, as defined in Chapter 613 of the Texas +Government Code, as amended. +   (33)   NON-CIVIL SERVICE EMPLOYEE means an employee who fills a position +that is exempt from the provisions applicable to the civil service, as +designated by the city charter. Non-civil service employees include: +      (A)   employees of the legal department, the city manager’s office, the +city auditor’s office, the city secretary’s office, the library department, the +park and recreation department, and the radio department (WRR); +      (B)   municipal court judges; and +      (C)   city council office staff. +   (34)   NONEXEMPT EMPLOYEE means a nonexempt employee as defined by the Fair +Labor Standards Act, as amended. +   (35)   PAID LEAVE means sick leave, vacation leave, holiday leave, court +leave, death-in-family leave, no more than 21 days of military leave each +fiscal year as required by state law, parental leave, quarantine leave, mental +health leave for peace officers, compassionate leave, and mandatory city leave. +   (35.1)   PERMANENT EMPLOYEE means an employee who is not a temporary +employee. A permanent employee's employment with the city may be terminated +based on a reduction-in-force, for cause, or for any reason not prohibited by +this chapter, the city charter, or federal, state, or local law. +   (36)   POLICE AND FIRE PENSION BOARD means the board of trustees of the +police and fire pension system of the city of Dallas. +   (37)   POSITION means a collection of tasks, duties, and responsibilities +regularly assigned to and performed by an individual. +   (38)   PROBATION: +      (A)   Probation means a minimum six-month period: +         (i)   after initial appointment, during which an employee can be +terminated without right of appeal; or +         (ii)   after promotion, during which an employee can be: +            (aa)   returned to the previous position, if a retreat right to the +previous position exists; or +            (bb)   terminated without right of appeal, if no retreat right +exists. +      (B)   Probation may be extended to allow: +         (i)   six months on-the-job work performance; or +         (ii)   completion of any written prerequisites to employment. +      (C)   Probation does not apply to positions in departments exempt from +civil service, and employees in those positions do not serve a probationary +period. +      (D)   The service of a probationary period or the successful completion +of a probationary period does not convey upon, imply, or intend to imply that +an employee has a property interest in continued employment or a contract of +employment with the city. +   (39)   PROMOTION means an increase in grade with a resulting increase in +salary due to placement in a position as a result of a competitive or +noncompetitive selection process. +   (39.1)   PRORATED SALARY RATE means a proportionate salary rate based on the +annual salary divided by the employee's standard annual work hours for exempt +employees. +   (40)   REAPPOINTMENT means re-employment of a former city employee. +   (41)   REASSIGNMENT means a change of an employee to an equivalent position +(same grade) within the same department. +   (42)   REDUCTION IN FORCE means a reduction in the number of budgeted +positions due to a change in work or funds. +   (43)   REGULAR RATE OF PAY means a nonexempt employee's base hourly rate of +pay or a prorated salary rate for exempt employees plus additional payments as +established in the salary and classification schedule. +   (44)   RESIGNATION means a voluntary termination. +   (45)   SALARY AND CLASSIFICATION SCHEDULE means a city council-approved +resolution that establishes all position classifications for city employment +and the corresponding pay rates. +   (46)   SERVICE CREDIT means the total duration of city employment, less any +adjustments for breaks in service. +   (47)   SEXUAL ORIENTATION means the actual or perceived status of an +individual with respect to the individual’s sexuality. Heterosexual, +homosexual, and bisexual are examples of sexual orientation. +   (48)   SHIFT DIFFERENTIAL PAY means additional compensation for regularly +scheduled work hours outside of the city’s normal business hours, as +specifically described in administrative directives of the city. +   (49)   STEP means one salary increment within a grade for a sworn police or +fire department employee. +   (50)   SUSPENSION means unpaid disciplinary leave for a specified period of +time. +   (51)   SWORN EMPLOYEES OF THE POLICE DEPARTMENT means: +      (A)   police officers and all related classifications, including trainee +police officers; and +      (B)   park rangers and all classifications above park ranger in the same +classification family. +   (52)   TASKING means release from duty upon completion of assigned work +before the scheduled end of the work day. +   (52.1)   TEMPORARY EMPLOYEE means an employee who has been designated as +temporary pursuant to Section +34-8. +   (53)   TERMINATION means cessation of employment with the city. +   (54)   TRANSFER means the change of an employee from a position in one +department to an equivalent position (same grade) in another department, but +that does not result in either promotion or demotion. +   (55)   UNCLASSIFIED POSITION means an unclassified civil service position as +designated by Section 3, Chapter XVI of the city charter. +   (56)   UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT means the +Uniformed Services Employment and Reemployment Rights Act of 1994 (38 U.S.C.A. +§§ 4301 et seq.), as amended. +   (57)   WORK WEEK means the seven- day period from Wednesday through Tuesday. +   (58)   WORKING DAYS means Monday through Friday, excluding official holidays +observed by the city of Dallas as set forth in Section 34-25 of this chapter. +(Ord. Nos. 19340; 19473; 19679; 22195; 22296; 22318; 24873; 28024; 28794; +29480; 30216; 31745; 32035) +SEC. 34-5.   CONDITIONS OF EMPLOYMENT. +   (a)   Compliancewithrulesandlaws. Every city employee shall comply with: +      (1)   the provisions of the city charter and ordinances; and +      (2)   instructions and regulations promulgated by the city council or by +any person in whom authority is vested by the city council. +   (b)   Retirementfundmembership. Every permanent employee must be a member of +the employees’ retirement fund except a sworn employee of the police or fire +department, who shall be a member of the police and fire pension system. +   (c)   Subrogation. Every employee of the city accepts employment upon the +condition that, if in the course of employment the employee sustains injury +attributable in whole or in part, directly or indirectly, through the +negligence or wrongdoing of a third person, firm, or corporation, the city +shall be subrogated to the employee’s rights, remedies, and claims against the +third party to the extent of the amounts expended by the city for and on behalf +of the employee, including wage supplementation during absence from work, +workers’ compensation, and medical costs arising out of or in any manner +connected with the injury. +   (d)   Nepotism. +      (1)   An employee may not work under the line of supervision of a +relative or the employee’s domestic partner. +      (2)   An employee shall not make, or attempt to influence, any +determination concerning the employment status or eligibility for employment of +a relative or the employee’s domestic partner. +      (3)   For purposes of this subsection: +         (A)   DOMESTIC PARTNER has the meaning given that term in Section +12A-2 of the Dallas City Code. +         (B)   RELATIVE means the employee's spouse, mother, father, +stepmother, stepfather, mother-in-law, father-in-law, son, daughter, foster +child, stepson, stepdaughter, son-in-law, daughter-in-law, brother, sister, +stepbrother, stepsister, brother-in-law, or sister-in-law, or any grandparent, +aunt, uncle, niece, nephew, or cousin related to the employee by blood or +marriage. +   (e)   Notification of arrest. Within one business day after returning to +work, an employee who has been arrested in the United States or any other +country shall notify the human resources representative for the employee’s +department of the arrest and the reason for the arrest. An arrested employee +who gives notice under this subsection is still required to comply with the +notice of absence or tardiness requirements set forth in Section +34-36(b)(1)(B) of this chapter. (Ord. Nos. 19340; 22296; 22318; 24873; 28024; +31745) +SEC. 34-6.   REQUIREMENTS FOR INDUCTION. +   To obtain employment with the city, an applicant must: +      (1)   be at least 16 years of age, unless otherwise approved under a +federally-sponsored program; +      (2)   be eligible to work in the United States in accordance with the +federal Immigration Reform and Control Act, as amended; +      (3)   have a social security number; +      (4)   agree to be fingerprinted, if requested; +      (5)   take a polygraph examination related specifically to job +performance, for positions designated by the director of human resources; and +      (6)   pass a medical, physical agility, drug and alcohol, and/or mental +examination after an employment offer has been extended, appropriate for the +position as designated by the director of human resources. (Ord. Nos. 19340; +22026; 22195; 24873; 31745) +SEC. 34-7.   APPLICATION FOR EMPLOYMENT. +   (a)   Application form. Every applicant for employment with the city shall +submit a completed application form. Every question on the form must be +answered. +   (b)   False or incomplete information. Any applicant or employee who +provides false information on the application form or who fails to disclose +information that is pertinent to the appointment is subject to denial of +employment or discharge. (Ord. Nos. 19340; 24873) +SEC. 34-8.   APPOINTMENTS. +   (a)   Temporary employees. +      (1)   Appointments. An employee is designated as temporary when appointed +to any of the following: +         (A)   an assignment less than six months in duration; +         (B)   a position funded under a federal employment and training +program as a participant meeting federal eligibility requirements, but not +including administrative or staff positions; +         (C)   positions in the city’s temporary help service program; +         (D)   a cooperative work-study program with an educational +institution; +         (E)   a seasonal position, even though the assignment may last more +than six months; +         (F)   a position that is intended to give introductory work experience +to a person preparing for entry into the work force; and +         (G)   a position scheduled to work less than 20 hours per week. +      (2)   Release. A temporary employee does not serve probation and may be +released at any time without right of internal appeal. +   (b)   Permanent employees. An employee is designated as permanent when +appointed in any situation not defined as temporary under Subsection (a). +Exceptions to this subsection must be approved by the director of human +resources. Nothing in this provision conveys a contract of employment with the +City of Dallas and nothing in this provision is intended to be a term of a +contract when combined with any other document, instrument, or writing. +   (c)   Full-time and part-time status. An employee is designated as: +      (1)   full-time when appointed on a work schedule that is at least 40 +hours per week or averages 40 hours per week; +      (2)   part-time when appointed on a work schedule that: +         (A)   is less than the usual work schedule of the unit to which the +employee is assigned; or +         (B)   averages less than 40 hours per work week. +   (d)   Special appointments. An employee is designated as a special +appointment when the appointment is: +      (1)   to a special body or commission not fully under the jurisdiction of +the city, but where the employee is carried on the city payroll for +administrative purposes; +      (2)   a mobility appointment under the federal Intergovernmental +Personnel Act; or +      (3)   a cooperative appointment with another agency or organization. +(Ord. Nos. 19340; 19473; 22026; 24873; 31745) +SEC. 34-9.   ELIGIBILITY FOR BENEFITS. +   (a)   Employees. +      (1)   A permanent full-time employee is eligible for employee benefits, +including, but not limited to, paid leave as provided in this chapter, health +benefit plan participation, life insurance, and retirement benefits. Benefits +may be changed at any time subject to applicable law and subject to city +council approval when required, for any lawful reason, including budget +constraints. +      (2)   An employee hired in a classification other than permanent full- +time is eligible for benefits in accordance with federal law and as described +in the applicable plan documents. +      (3)   A temporary employee is entitled to holiday pay in accordance with +Section +34-25(b). +   (b)   City council members. City council members are not employees. City +council members are eligible for certain tax-favored benefits in accordance +with federal law and as described in the applicable plan documents. (Ord. Nos. +19340; 22026; 22195; 22296; 22318; 24873; 25051; 29883; 31745; 32342) +SEC. 34-10.   REAPPOINTMENTS. +   (a)   Retrieving continuous full-time service. +      (1)   A person who is reappointed as a city employee retrieves previous +continuous full-time service earned during the immediately preceding period of +full-time city employment if the person: +         (A)   previously had completed at least six months, but less than five +years, of continuous full- time service with the city; and +         (B)   is reappointed within one year after termination of the previous +city employment. +      (2)   A person who is reappointed as a city employee retrieves previous +continuous full-time service earned during the longest single preceding period +of full-time service if the person: +         (A)   previously had completed at least five years of continuous full- +time service with the city; and +         (B)   is reappointed within 10 years after termination of the previous +city employment. +      (3)   Continuous full-time service retrieved under this subsection will +be for purposes of determining all service related benefits except retirement +benefits. Service credit for retirement and pension programs is defined in the +governing documents, ordinances, and statutes establishing those programs. +   (b)   Probation. A reappointed employee who retrieves service under +Subsection (a) of this section must serve a new probation period, if +applicable, starting with the reappointment date. The service of a probationary +period or the successful completion of a probationary period does not convey +upon, imply, or intend to imply that an employee has a property interest in +continued employment or a contract of employment with the city. +   (c)   Pay grade within one year. When a person is reappointed to the same +classification or to a comparable one within one year after termination of +prior city employment, the person may be returned to the same salary level held +before termination. The date of reappointment determines the date of +eligibility for a pay increase. +   (d)   Reappointment with no service time retrieved. A reappointed employee +will be governed by regulations applying to new appointments if the employee is +ineligible to retrieve continuous full-time service under Subsection (a) of +this section after a break in service. +   (e)   Return from military service. Reappointment of an employee from +military service must be in accordance with Section +34-30 of this chapter and administrative directives established pursuant to +that section. (Ord. Nos. 19340; 22296; 22318; 24873; 25663; 28024) +SEC. 34-11.   PROBATION. +   (a)   Charter provisions. Section 10, Chapter XVI of the city charter +establishes the period of probation, when applicable. +   (b)   Purpose. The purpose of any probation is to determine that the +employee can and will perform satisfactorily. The service of a probationary +period or the successful completion of a probationary period does not convey +upon, imply, or intend to imply that an employee has a property interest in +continued employment or a contract of employment with the city. +   (c)   Applicability. +      (1)   All employees in a classified or unclassified civil service +position (including directors, assistant directors, and other managerial +personnel designated by the city council of departments that are not exempt +from civil service provisions under Section 9, Chapter XVI of the Dallas City +Charter) serve a probationary period of six months after an initial appointment +or a promotion. +      (2)   Non-civil service employees do not serve a probationary period +after either an initial appointment or a promotion. +      (3)   No employee serves a probationary period after a lateral transfer +or demotion. +   (d)   Initial probation. Until an employee in a classified or unclassified +civil service position successfully completes probation required to be +initially served after appointment or reappointment to city employment, the +employee has no right to an internal appeal of a determination that the +employee failed probation or of any subsequent termination of employment with +the city. Even after serving an initial probation, appeal rights of department +directors, assistant department directors, and other managerial personnel +designated by the city council are limited by this chapter and Section 11, +Chapter XVI of the Dallas City Charter. +   (e)   Promotional probation. Until an employee in a classified or +unclassified civil service position successfully completes probation required +to be served after a promotion, the employee has no right to an internal appeal +of a determination that the employee failed probation or of any subsequent +demotion. Even after serving a promotional probation, appeal rights of +department directors, assistant department directors, and other managerial +personnel designated by the city council are limited by this chapter and +Section 11, Chapter XVI of the Dallas City Charter. +   (f)   A probationary period may be extended by the civil service board in +the classified service or by the director of human resources, with approval of +the city manager, in the unclassified service to include the entire training +period of a formal apprenticeship training program or to allow six months on- +the-job work performance or completion of any written prerequisites to +employment. An employee will be informed in writing of the approval of such an +extension. +   (g)   Notification of failed probation. Upon failing initial or promotional +probation, an employee shall be immediately notified of the failure and: +      (1)   terminated, if serving an initial probation; +      (2)   given an opportunity to retreat, if serving a promotional probation +and a right to retreat exists; or +      (3)   terminated, if serving a promotional probation and no right to +retreat exists. +   (h)   Right to retreat. +      (1)   Right to retreat for certain positions. +         (A)   Right to retreat for classified and unclassified civil service +civilian employees. If an employee is promoted into a classified or +unclassified civilian civil service position and fails to complete probation in +that position, whether voluntarily or because of nonsatisfactory performance, +the employee maintains a right to retreat to the immediately former position, +grade, and base hourly rate of pay or step, whichever is applicable if the +immediately former position is vacant, provided that probation was completed in +the immediately former position and the former position was a classified or +unclassified civil service position. A department director, in their +discretion, may allow an employee in the classified or unclassified civil +service to retreat to a vacant comparable position if the immediately former +position is no longer available. +         (B)   Right to retreat for classified civil service sworn employees. +Promotion of any classified civil service sworn employee of the police and fire +department shall not be deemed complete until a period of six months shall have +elapsed from the date of appointment to the higher rank. If, during the six- +month period, the promoted employee does not merit the promotion and it is +recommended by the Chief of the department that the employee be reduced, then +the employee so promoted shall be returned to the rank held by the employee at +the time of promotion. +      (2)   Not applicable to certain positions. The right to retreat does not +apply to an employee promoted to or from a position that is not a classified or +unclassified civil service position or to an employee appointed to the position +of director, assistant director, or other managerial personnel designated by +the city council. +      (3)   Property interest not conveyed. An employee's right to retreat does +not convey upon, imply, or intend to imply that an employee has a property +interest in continued employment or a contract of employment with the city. +(Ord. Nos. 19340; 19932; 22296; 22318; 24873; 28024; 31745) +SEC. 34-12.   DEMOTIONS. +   (a)   Demotion means a reduction in grade with a resulting decrease in +salary. Demotions are not necessarily the result of or limited to reductions in +grade resulting from disciplinary action. Department directors, assistant +department directors, and other managerial personnel designated by the city +council may be reduced in grade without a right to an internal appeal. +   (b)   Salary adjustment. If an employee who has completed probation is +demoted by the employee’s own election, demoted as a result of a reduction in +force, or demoted in a disciplinary action, the employee’s salary will be +adjusted as outlined in the administrative directives of the city and in +accordance with city council- approved salary schedules for the demoted +position. (Ord. Nos. 19340; 22296; 22318; 24873) +SEC. 34-13.   TRANSFERS AND REASSIGNMENTS. +   (a)   Processing promotional transfers. A supervisor shall process an +employee transfer that results in promotion within two weeks following +notification of the employee’s intent to accept the promotion. The director of +human resources must approve exceptions to this subsection. +   (b)   Reassignments. A department director may reassign positions and staff +within a department to provide for the best interest of the employee or the +department. An employee may not grieve a reassignment, including situations in +which the employee: +      (1)   was involuntarily reassigned; or +      (2)   applied for and was not selected for the reassignment. +   (c)   Transfers. An employee who applies for a transfer must meet the +minimum qualifications of the requested position. The following procedures +apply to a transfer: +      (1)   Present and prospective supervisors shall cooperate in considering +and processing a transfer when operations of the transferring or receiving +department are not impaired and department directors for both departments agree +to the transfer. Supervisors shall process the release of an employee transfer +within a reasonable time following notification of the employee's intent to +accept the transfer. +      (2)   An employee who is transferred has no right to return to the +immediately former position or a comparable position. +      (3)   An employee who accepts a transfer is not guaranteed the same base +hourly rate of pay held in the immediately former position. +   (d)   Retention of benefits. A transferred employee maintains all benefits, +including accrued leave, subject to the provisions of this chapter. +   (e)   Retirement plans. An employee who transfers to a position that is +covered by a different retirement program than the one that covered the +employee’s previous position with the city must change membership to the +appropriate employee retirement program. (Ord. Nos. 19340; 22026; 22296; 22318; +24873; 31745) +SEC. 34-14.   TERMINATIONS. +   (a)   Classification. A termination is classified as follows: +      (1)   resignation; +      (2)   discharge; +      (3)   reduction in force; or +      (4)   administrative. +   (b)   Death during working hours. An employee who dies during working hours +will be paid as if the employee had worked the entire regular work day. +   (c)   Benefits. Benefits due a terminating employee are stipulated elsewhere +in this chapter under the sections pertaining to the respective benefit. (Ord. +Nos. 19340; 24873; 28024) +ARTICLE II. +COMPENSATION. +SEC. 34-15.   GENERAL. +   (a)   Charter provisions. Section 18, Chapter XXIV of the city charter +provides that the wages, hours, and conditions of employment of all city +employees shall be fixed and approved by the city council. +   (b)   Salary schedule. All classifications and salary ranges existing in +city employment are identified in the salary and classification schedule. Any +addition to or deletion from this schedule must be made by resolution of the +city council. +   (c)   The provisions of this article may be modified by a city council +ordinance or resolution adopting a meet and confer or collective bargaining +agreement. If any provision of this article conflicts with a provision of a +meet and confer or collective bargaining agreement adopted by the city council, +the provision of the meet and confer or collective bargaining agreement will +prevail. (Ord. Nos. 19340; 24873; 28024; 31745) +SEC. 34-16.   WORK HOURS. +   (a)   Standard work day. The standard work day is eight hours, but may +deviate depending on departmental operating needs. The work day may exclude +approved meal periods, but may include a 15- minute break period within any +uninterrupted four-hour work period. An employee may be required to work hours +other than the employee’s normal work schedule. +   (b)   The standard work week is 40 hours, but may deviate depending on +departmental operating needs. +   (c)   Alternate work schedules. The following alternate work schedules, and +any additional ones adopted by city council resolution, may be selected and +implemented for a department, with prior written approval from the director of +human resources and the city manager. +SCHEDULE HOURS PER WEEK HOURS PER 24 HOUR PERIOD BEGINNING AT MIDNIGHT +SCHEDULE HOURS PER WEEK HOURS PER 24 HOUR PERIOD + BEGINNING AT MIDNIGHT +(1) Four 10-hour days a 40 Maximum of 10. +week. +(2) 12-hour days on Monday +and Tuesday and 8-hour days 40 Varies from a minimum of 8 +on Thursday and Friday. to a maximum of 12. +Tasking is allowed. +(3) Five 8-hour days a 40 Maximum of 8. +week. Tasking is allowed. +(4) Four 9-hour days and 40 Varies from a minimum of 4 +one 4- hour day a week. to a maximum of 9. +(5) Three 11-1/2 hour days +one week of a pay period +and four 11-1/2 hour days Varies from 34.5 to 46. Maximum of 11- 1/2. +the other week of a pay +period. +(6) Three 12-hour days one +week of a pay period and Varies from 36 to 48 Maximum of 12 +four 12-hour days the other +week of a pay period. +(7) Three 12-hour days one +week of a pay period and Varies from a minimum of 8 +three 12-hour days and one Varies from 36 to 44 to a maximum of 12 +8-hour day the other week +of a pay period. +(8) Two 13-hour days and 40 Varies from a minimum of 13 +one 14-hour day a week to a maximum of 14. +(9) Any combination of +hours, ranging from a +minimum of 4 to a maximum +of 12, in a day. A work Varies from 32 to 48 Varies from a minimum of 4 +week consists of a minimum to a maximum of 12. +of 3-1/2 days and a maximum +of 7 days. Tasking is +allowed. +  +   (d)   24-hour staffing. For jobs requiring 24-hour staffing, meals may be +eaten while on duty. An employee is considered on duty during all meal breaks +and is expected to be readily available to perform required duties. +   (e)   Take-home vehicles. The work day for an employee who travels to and +from a regular jobsite in city equipment begins at the time and location at +which the employee is initially required to report for duty. The work day ends +when the employee is relieved of duty. +   (f)   Flex time. Rules regarding the use and application of flex time are +addressed in the administrative directives of the city. (Ord. Nos. 19340; +19473; 22296; 22318; 24052; 24873; 28024) +SEC. 34-17.   OVERTIME AND PAID LEAVE FOR CIVILIAN EMPLOYEES. +   (a)   Weekly overtime. Any nonexempt employee will be paid an overtime +hourly rate of 1-1/2 times the employee’s regular rate of pay for all hours +worked over 40 in any work week. +   (b)   Paid leave. An employee is charged with paid leave only on days the +employee would otherwise have been scheduled to work. If the employee is +assigned to a standard work week, no more than 40 hours paid leave may be +charged in one work week. If the employee is assigned to an approved alternate +work schedule, the hours charged in one work week as paid leave may not exceed +the maximum hours contained in the alternate work week during which the leave +was taken. Except for holiday leave, mandatory city leave, and court leave +pursuant to Section +34-26, paid leave will not be counted as work time for purposes of computing +overtime or compensatory leave. +   (c)   Call backs. A nonexempt employee who is called back to work and +reports back to work outside of the employee’s scheduled work hours must be +paid a minimum of two hours worked, if the call back does not merge with the +employee’s scheduled start time. +   (d)   Exception. This section does not apply to a sworn employee of the +police department or the fire +department. (Ord. Nos. 19340; 19473; 22296; 22318; 24052; 24873; 25389; 28024; +30216) +SEC. 34-18.   PAY FOR VACATION LEAVE. +   (a)   Rate of pay. When pay in lieu of vacation leave is approved as +provided by Section +34-23(o), the employee will receive the employee's base hourly rate of pay for +nonexempt employees or the employee's prorated salary rate for exempt +employees. This pay is not considered in determining eligibility for overtime +pay under Section +34-17. +   (b)   Exception. This section does not apply to a sworn employee of the +police department or the fire department. (Ord. Nos. 19340; 22296; 22318; +24873; 31745) +SEC. 34-19.   WORK HOURS, PAID LEAVE, AND OVERTIME FOR PUBLIC SAFETY EMPLOYEES. +   (a)   Police department. The work period and work hours for sworn employees +of the police department are as follows: +      (1)   For purposes of the Fair Labor Standards Act, as amended, the work +period for a nonexempt sworn employee of the police department is 28 days. +      (2)   Weekly overtime. A nonexempt sworn employee of the police +department will be paid an overtime hourly rate of 1-1/2 times the employee’s +regular rate of pay for all hours worked over 40 in any work week, or be +granted compensatory leave for all hours in excess of 40. +      (3)   Paid leave. Any sworn employee of the police department is charged +with paid leave only on days the employee would otherwise have been scheduled +to work. If the employee is assigned to a standard work week, no more than 40 +hours paid leave may be charged in one work week. If the employee is assigned +to an approved alternate work schedule, the hours charged in one work week as +paid leave may not exceed the maximum hours contained in the alternate work +week during which the leave was taken. Authorized attendance incentive leave, +vacation leave, holiday leave, leave with pay as defined by Section +34-29, compensatory leave, court leave pursuant to Section +34-26, mandatory city leave, military leave, and death-in- family leave will be +counted as work time for purposes of computing overtime or compensatory leave. +      (4)   Call backs. A nonexempt sworn employee of the police department who +is called back to work and reports back to work outside of the employee’s +scheduled work hours must be paid a minimum of two hours worked, if the call +back does not merge with the employee’s scheduled start time. +      (5)   Compensatory leave in lieu of overtime pay may be granted a +nonexempt sworn employee of the police department at the request of the +employee, subject to supervisory approval. Compensatory leave is earned at the +rate of 1-1/2 hours for each hour worked, to a maximum of 480 hours accrued. +Compensatory leave will be granted within a reasonable time after being +requested if the use of the compensatory leave does not unduly disrupt the +operations of the department. Compensatory leave may be taken in hourly +increments. The accrual and use of compensatory leave is governed by the Fair +Labor Standards Act, as amended, and Section 142.0016 of the Texas Local +Government Code, as amended. Compensatory leave not taken during the payroll +quarter in which it is accrued or during the following two payroll quarters +will be paid at the employee’s regular rate of pay earned at the time of +payment or at the time of forfeiture of the compensatory leave, whichever rate +is higher. Compensatory leave will be paid upon termination at the higher of: +         (A)   the average regular rate of pay received by the employee during +the last three years of the employee’s employment with the city; or +         (B)   the final regular rate of pay received by the employee. +      (6)   A sworn employee of the police department above the rank of captain +is an exempt employee and does not earn overtime or compensatory leave. +   (b)   Fire department. The work period and work hours for sworn employees of +the fire department are as follows: +      (1)   The work period for a sworn employee of the fire department is, +depending upon assignment, 28 days (pursuant to Fair Labor Standards Act, as +amended,) or a standard 40-hour work week. +      (2)   The standard work day or shift for a sworn employee of the fire +department may consist of the following, depending upon assignment: +         (A)    8 hours a day; +         (B)   12 hours a day; or +         (C)   24 hours a day. +      (3)   A sworn employee of the fire department assigned to special +training is subject to the eight-hour work day. +      (4)   A sworn employee of the fire department with the rank of assistant +chief or above is an exempt employee and does not earn overtime. A civilian +employee of the fire department with a classification equivalent to assistant +chief or above is an exempt employee and does not earn overtime. +      (5)   A nonexempt sworn employee of the fire department who works more +than 212 hours in a 28-day work period or 40 hours in a standard work week, +depending upon assignment, will be paid at 1- 1/2 times the employee’s regular +rate of pay for hours worked beyond the scheduled work period. +      (6)   A nonexempt sworn employee of the fire department may, subject to +departmental approval, choose to receive compensatory leave in lieu of overtime +pay at the rate of 1-1/2 hours for each hour worked beyond each scheduled work +period, to a maximum of 480 hours accrued. +      (7)   Compensatory leave may be earned by a sworn employee of the fire +department other than an exempt employee above the ranks of fire battalion/ +section chief and fire prevention section chief. Compensatory leave will be +granted within a reasonable time after being requested if the use of the +compensatory leave does not unduly disrupt the operations of the department. +Compensatory leave may be taken in hourly increments. The accrual and use of +compensatory leave is governed by the Fair Labor Standards Act, as amended, and +Section 142.0016 of the Texas Local Government Code, as amended. Compensatory +leave not taken during the payroll quarter in which it is accrued or during the +following two payroll quarters will be paid at the employee’s regular rate of +pay earned at the time of payment or at the time of forfeiture of the +compensatory leave, whichever rate is higher. Compensatory leave will be paid +upon termination at the higher of: +         (A)   the average regular rate of pay received by the employee during +the last three years of the employee’s employment with the city; or +         (B)   the final regular rate of pay received by the employee. +      (8)   A sworn employee of the fire department must use or be paid for all +accrued compensatory leave before transferring to or from the emergency +response bureau of the fire department or whenever the employee’s full-time +regular work schedule is increased or reduced. +      (9)   Authorized attendance incentive leave, vacation leave, holiday +leave, leave with pay as defined by Section +34-29, compensatory leave, court leave pursuant to Section +34-26, mandatory city leave, military leave, and death-in-family leave will be +counted as work time for purposes of computing overtime or compensatory leave. +      (10)   Call backs. A nonexempt sworn employee of the fire department who +is called back to work and reports back to work outside of the employee’s +scheduled work hours must be paid a minimum of two hours worked, if the call +back does not merge with the employee’s scheduled start time. +      (11)   A sworn employee of the fire department may, with prior approval +from the fire chief or a designated representative, trade time with another +sworn employee. Trade time is not considered as work time in determining +overtime, but trading time is subject to the Fair Labor Standards Act, as +amended. (Ord. Nos. 19340; 22195; 24873; 24930; 25142; 25389; 28024; 30216) +SEC. 34-20.   EXEMPT EMPLOYEES. +   (a)   Pay. An exempt employee is paid on a weekly salary basis regardless of +the number of hours worked, unless an absence is taken when the employee has no +remaining paid leave balances or when the employee is on furlough leave. In +rare instances, and with the approval of the city manager, an exempt employee +may receive additional compensation for overtime worked. +   (b)   Absence. Pursuant to the principles of public accountability and +depending upon the reason for the absence, an absence of an exempt employee may +be charged to administrative leave, sick leave, vacation leave, compensatory +leave, furlough leave, mandatory city leave, family leave, court leave, death- +in-family leave, military leave, or leave without pay. +   (c)   Prorated salary. If part of a week is taken as leave without pay, a +proportionate part of the weekly salary will be paid to an exempt employee for +the hours worked or charged to paid leave. A proportionate part of the weekly +salary will be paid to an exempt employee for the part of the week worked in +the initial or terminal week of employment. +   (d)   Emergency work. As appropriate, during emergencies, such as a +declaration of local state of disaster, and subject to the approval of the +department director, an employee may be temporarily required to perform work +outside of the employee's normal job duties. In such situations, the employee +will not lose their exempt status. (Ord. Nos. 19340; 19473; 20075; 22195; +24873; 26182; 28024; 31745) +SEC. 34-21.   DISTRIBUTION OF PAY CHECKS. +   (a)   Administration. The city controller is responsible for proper +distribution of pay checks. Any discrepancy in a pay check resulting in +overpayment or otherwise should be brought to the attention of the employee's +supervisor. The employee shall also report the discrepancy to the city +controller payroll section. +   (b)   Payday. Friday is the official payday of the city. +   (c)   Pay information for the appropriate payroll will be made available +electronically to employees immediately after payroll processing is completed. +This electronic information is provided in lieu of paper pay stubs and may be +accessed from any computer with internet access. If necessary, signature pay +checks will be released on or about 2:00 p.m. Friday by the city controller to +authorized departmental personnel or directly to payee employees. (Ord. Nos. +19340; 22296; 22318; 24873; 28024; 31745) +ARTICLE III. +LEAVE POLICIES. +SEC. 34-21.1.   GENERAL. +   The provisions of this article may be modified by a city council ordinance +or resolution adopting a meet and confer or collective bargaining agreement. If +any provision of this article conflicts with a provision of a meet and confer +or collective bargaining agreement adopted by the city council, the provision +of the meet and confer or collective bargaining agreement will prevail. (Ord. +28024) +SEC. 34-22.   SICK LEAVE. +   (a)   Eligibility. Every permanent employee accrues and may use sick leave +upon initial appointment. +   (b)   Reappointments. A person reappointed as a city employee under +conditions described in Section +34-10(a)(1) or (a)(2) retrieves sick leave credit accumulated before the +person's previous termination from city employment and is entitled to both +accrue and use sick leave after reappointment. +   (c)   Sworn employee's sick leave eligibility. +      (1)   A sworn employee of the police or fire department may take 30 sick +leave days each calendar year. This amount shall not exceed 360 hours for a +sworn employee in the emergency response bureau of the fire department and 240 +hours for every other sworn employee of the police or fire department. +      (2)   Any sick leave days taken in excess of the number that, under +Subsection (d), can be accrued during a year will be subtracted from the +employee's accrued sick leave balance. +   (d)   Accrual. Every permanent employee accrues sick leave each year as +follows: +      (1)   A sworn employee in the emergency response bureau of the fire +department accrues six hours each bi-weekly pay period, to a maximum of 144 +hours annually. +      (2)   A sworn employee in the communications bureau of the fire +department accrues four hours each bi-weekly pay period, to a maximum of 96 +hours annually. +      (3)   Every other bi-weekly paid employee accrues five percent of hours +paid up to 80 in each bi-weekly pay period, to a maximum of 96 hours annually. +      (4)   Every weekly paid employee accrues five percent of hours paid up to +40 in each weekly pay period, to a maximum of 96 hours annually. +   (e)   Maximum accrual. The maximum sick leave that may be accrued is 2,160 +hours for a sworn employee in the emergency response bureau of the fire +department and 1,440 hours for any other employee. When an employee's accrued +sick leave reaches the maximum number of hours, the accrual ceases until the +employee takes sick leave hours. + �� (f)   Computation of sick leave taken. An absence charged to sick leave will +be for the number of hours in the standard work day and will not include +overtime whether scheduled or not. An absence charged to sick leave for a sworn +employee of the emergency response bureau of the fire department will be made +on the basis of 24 hours for each scheduled work shift. +   (g)   Sick leave usage. Sick leave may only be granted or taken when: +      (1)   an employee is incapacitated for the performance of duties due to +an illness, surgical procedure, or off-job injury; +      (2)   a medical, dental, or optical examination or treatment is +necessary, provided that prior approval of the supervisor is obtained; +      (3)   an employee is incapacitated by or recovering from pregnancy, +miscarriage, abortion, or childbirth; +      (4)   it is necessary to care for an immediate family member who is ill +or incapacitated; +      (5)   an employee has been exposed to a contagious disease, meaning one +that would warrant quarantine by a health officer, and the employee's presence +on the job would jeopardize the health of others; +      (6)   it is allowed under the city's wage supplementation plan; or +      (7)   it is allowed under the city's administrative directives governing +the administration of the Family and Medical Leave Act. +   (h)   Notice of unexpected absence. +      (1)   Notice of absence due to an illness, injury, or any other +unexpected reason must be given in the following manner: +         (A)   Every employee, except one covered by Paragraph (1)(B) of this +subsection, must give notice to the employee's supervisor from within two hours +before to within 30 minutes after starting time, depending upon departmental +procedures. The supervisor may require the employee to report on each +succeeding day of absence. +         (B)   An employee in a department with a 24-hour, seven-day work +schedule must give notice to the employee's supervisor at least one hour before +reporting time on the first day of the absence and, if required by the +supervisor, on each succeeding day of absence. +      (2)   Failure to give the notice required in this subsection may result +in the employee being declared absent without leave and subject to disciplinary +action. +   (i)   Physician's statement. Upon request by a supervisor, a department +director, or the director of human resources, an employee may be required to: +      (1)   furnish a statement from an attending physician demonstrating the +existence of circumstances described in Subsection (g)(1), (2), (3), (4), or +(5) of this section; or +      (2)   submit to a physical or mental examination by a health care +provider (including but not limited to a physician or psychologist) selected by +the city. +   (j)   Refusal to return from sick leave. An employee who is released by the +treating physician to return to regular or limited duty and who refuses to +report for work or perform assigned duties is subject to disciplinary action. +   (k)   Holidays. If an official holiday occurs during a period of illness, an +employee will be charged for the holiday instead of for sick leave. +   (l)   Illness during vacation. If an employee becomes ill while taking +vacation leave, the period of illness may be charged as sick leave and the +charge against vacation leave will be reduced accordingly. A request for this +substitution must be made within two days after the employee's return to work +and must be supported by a medical statement. +   (m)   Sick leave during suspension. An employee on suspension forfeits use +and accrual of sick leave for the duration of the suspension. Upon completion +of the suspension, the employee must either physically return to work or, if +ill, submit an approved doctor's statement justifying inability to return to +work before sick leave credit and accrual may be restored. +   (n)   Sick leave during leave without pay. An employee on leave without pay +forfeits use and accrual of sick leave for the duration of the leave without +pay, except to the extent that the leave without pay is authorized by the +City's Family and Medical Leave provisions. Upon completion of the leave +without pay, the employee must either physically return to work or, if ill, +submit an approved doctor's statement justifying inability to return to work +before sick leave credit and accrual may be restored. +   (o)   Military service. Sick leave for an employee performing duties in the +military service is governed by Section +34-30 of this chapter and administrative directives established pursuant to +that section. +   (p)   Sick leave adjustment for changes in work schedules. A sworn employee +of the fire department will have any sick leave balance adjusted +proportionately to reflect differences in work schedules when: +      (1)   the employee transfers to or from the emergency response bureau of +the fire department; or +      (2)   the employee's full-time regular work schedule is increased or +decreased. +   (q)   Use of vacation leave when sick leave is exhausted. If an employee's +sick leave balance is exhausted, the employee may use available vacation leave +in cases of illness or injury. +   (r)   Advance sick leave. The director of a department may approve a request +for advance sick leave for an employee who has completed three consecutive +years of city employment and accumulated a minimum of 96 hours of sick leave +prior to the occurrence of the condition for which the advance sick leave is +needed. The employee shall provide an anticipated return to work date when +making the request. The maximum advance of sick leave that may be granted may +not exceed 120 hours for a sworn employee in the emergency response bureau of +the fire department or 80 hours for any other employee. A request for advance +sick leave will not be approved until all expendable paid leave is exhausted +and the employee has no outstanding balance of previously-granted advance sick +leave. If an employee who is indebted for unearned sick leave terminates, the +employee shall refund the amount paid for the period of the advanced sick +leave. No refund is required in cases of death or retirement for disability. +   (s)   Lump sum payment of sick leave. +      (1)   Retirement or 20 years' service. An employee shall be granted lump +sum payment of sick leave remaining to the employee's credit in any amount that +does not exceed 1,080 hours for a sworn employee in the emergency response +bureau of the fire department or 720 hours for any other employee when the +employee: +         (A)   retires from city employment and is immediately eligible to +receive retirement payments; or +         (B)   terminates for any reason with 20 or more years of continuous +full-time service, including: +            (i)   any continuous full-time service retrieved under Section +34-10(a) of this chapter; and +            (ii)   any credited service purchased for retirement purposes under +Section +40A-14 of this code after a termination resulting from a reduction in force. +      (2)   Disability. Any employee who is placed on a disability pension +shall be granted lump sum payment of any sick leave remaining to the employee's +credit in any amount that does not exceed 1,080 hours for a sworn employee in +the emergency response bureau of the fire department and 720 hours for any +other employee. The appropriate pension board will determine the date of +permanent disability. Use of sick leave will be discontinued and lump sum +payment made effective on that date. +      (3)   Death. If an employee dies, the total accumulated sick leave in any +amount that does not exceed 1,080 hours for a sworn employee in the emergency +response bureau of the fire department and 720 hours for any other employee +shall be computed with the final settlement of the employee's wages and paid in +a lump sum to the employee's beneficiary or estate. +      (4)   Computation. Lump sum payment of sick leave is computed by +multiplying the number of hours of sick leave to which an employee is entitled +by the employee's regular rate of pay on the date of termination. An employee +who elects to receive lump sum payment of sick leave upon termination and who +is later reemployed with the city may not receive another lump sum payment of +sick leave. +      (5)   Eligibility. An employee hired or rehired by the city on or after +October 1, 2003 is not eligible for any lump sum payment of sick leave under +this subsection. +   (t)   Family leave. An employee who is eligible for family leave under +Section +34-24.1(b) may be required to deduct hours from the employee's sick leave +balance to cover all or part of any absence from work for a family leave +purpose described in Section +34-24.1(c). +   (u)   Discretionary sick leave for new third-tier executive and above. In +addition to sick leave accrual authorized in Subsection (d) of this section, +the city manager may, beginning on the person's employment start date, approve +up to 80 hours of sick leave for a person hired into a third-tier executive +position and above. This subsection does not apply to a city employee who is +promoted into a third-tier executive position and above. +   (v)   Department rules. Departments that implement rules regarding employee +attendance must do so with review and input by the Department of Human +Resources and the City Attorney's Office. +   (w)   Sick leave to be used first. Accrued sick leave balances must be used +first for sick leave purposes before other types of accrued leave balances can +be used. (Ord. Nos. 19340; 19932; 22026; 22195; 22296; 22318; 24873; 24930; +25386; 28024; 28425; 29480; 29883; 30657; 31745) +SEC. 34-22.1.   MEDICAL TESTING. +   (a)   An employee may be required to submit to drug and/or alcohol testing. +Specific procedures regarding drug and/or alcohol testing are outlined in the +administrative directives of the city. +   (b)   An employee may be required to submit to a physical and/or mental +examination by a city- selected health care provider, including, but not +limited to, a physician or psychologist, in order to evaluate the employee’s +current mental or physical status as it relates to the ability to perform the +employee’s job duties. (Ord. 24873) +SEC. 34-22.2.   QUARANTINE LEAVE. +   (a)   Eligibility. A sworn member of the fire department or police +department, or an emergency medical technician or detention officer as defined +in this section, who is ordered to quarantine or isolate by the employee's +supervisor or the city's health authority due to a possible or known exposure +to a communicable disease while on duty, is eligible to receive paid quarantine +leave for the duration of the ordered quarantine or isolation. +   (b)   Definitions. In this section: +      (1)   DETENTION OFFICER means an individual employed by the city, and +whose job responsibilities include the care and custody of individuals +incarcerated in the city's municipal jail. +      (2)   EMERGENCY MEDICAL TECHNICIAN means an individual who is employed by +the city and certified as an emergency medical technician in accordance with +Chapter 773 of the Texas Health and Safety Code. +      (3)   HEALTH AUTHORITY means a physician appointed by the city to +administer state and local laws relating to public health within the city's +jurisdiction. +   (c)   Entitlements. Eligible employees under this section who are required +to quarantine or isolate by their supervisor or the city's health authority due +to a possible or known exposure to a communicable disease while on duty are +entitled to receive: +      (1)   all employment benefits and compensation, including leave accrual, +pension benefits, and health benefit plan benefits provided by the city; and +      (2)   if applicable, reimbursement for reasonable costs related to the +quarantine, including lodging, medical, and transportation costs. +   (d)   Effect on leave balances. The city will not reduce an eligible +employee's sick leave balance, vacation leave balance, holiday leave balance, +or other paid leave balance in connection with paid quarantine leave taken in +accordance with this section. +   (e)   Reimbursements. An employee may be required to provide receipts or +proof of payment with a request for reimbursement of expenses and may be denied +reimbursement for any expenses that the city deems unreasonable or unrelated to +quarantine. (Ord. 32035) +SEC. 34-22.3.   MENTAL HEALTH LEAVE. +   (a)   Eligibility. +      (1)   An employee who experiences a traumatic event while on duty is +eligible to receive paid mental health leave if the need for mental health +leave is verified by a licensed psychiatrist or psychologist. Paid mental +health leave is allowed as follows: +         (A)   up to 60 hours for sworn employees in the emergency response +bureau of the fire department; and +         (B)   up to 40 hours for all other employees. +      (2)   In this section, TRAUMATIC EVENT means actual or threatened death, +serious injury, or physical abuse, either of one's self or of another, during +the employee's scope of employment that is outside the typical experiences of +the employee's routine work environment and causes the employee to experience +unusually strong emotional reactions or feelings that have the potential to +cause lasting adverse effects on their functioning and mental, physical, +social, or emotional well-being. A traumatic event does not include routine +work-related events or incidents, personality conflicts, or disagreements +between or among supervisors or co-workers. +      (3)   City departments may develop additional departmental rules to carry +out the provisions of this policy, subject to the approval of the director of +the human resources department and the city attorney's office. +   (b)   Confidentiality. The city will keep requests for mental health leave +and any medical information related to mental health leave in accordance with +this section confidential to the extent allowed by law and separate from the +employee's personnel or departmental file. The city cannot guarantee +confidentiality of information that is otherwise public or necessary to carry +out the city's obligations under the law. +   (c)   Effect on leave balances. The city will not reduce an eligible +employee's sick leave, vacation leave, holiday, or other paid leave balance for +mental health leave taken in accordance with this section. (Ord. Nos. 32035; +32158) +SEC. 34-22.4.    COMPASSIONATE LEAVE. +   (a)   Purpose. Compassionate leave is intended for employees with a serious +medical condition or injury that prevents the employee from performing any type +of work and, due to the employee's medical condition, it is anticipated that +the employee will not be able to return to work. +   (b)   Eligibility. An employee who has exhausted all accrued leave balances, +has completed a minimum of one year of city employment, and accumulated a +minimum of 40 hours of sick leave at any time prior to the occurrence of the +condition for which the compassionate leave is requested. +   (c)   Maximum leave allowed. For employees who are approved for +compassionate leave, the maximum amount of compassionate leave that may be +awarded is 348 hours for a sworn employee in the emergency response bureau of +the fire department, and 232 hours for any other employee. An employee may only +be awarded compassionate leave once. +   (d)   Required approval. An employee's request for compassionate leave must +be approved by the employee's department director and the director of human +resources. Specific procedures and requirements for the administration of +compassionate leave are outlined in the administrative directives of the city. +(Ord. 32035) +SEC. 34-23.   VACATION LEAVE. +   (a)   Eligibility. Every permanent employee accrues vacation leave during +the initial six months of city employment. Except for a newly hired third-tier +executive and above who has been granted discretionary vacation leave pursuant +to Subsection (r) of this section, vacation leave may not be used until the +initial six months of employment are completed. All vacation leave is forfeited +if the employee terminates employment before completing the initial six months +of employment. +   (b)   Reappointments. A person reappointed under conditions described in +Section +34-10(a)(1) or (a)(2) accrues vacation leave at a rate determined by the number +of years of continuous full-time service retrieved and may both accrue and use +vacation leave during the initial six months of employment after reappointment. +   (c)   Accrual. Vacation leave accrues as follows: +      (1)   Every permanent employee with less than five years of service +accumulates vacation leave as follows: +         (A)   A sworn employee in the emergency response bureau of the fire +department accrues nine hours each bi-weekly pay period, to a maximum of 180 +hours annually. +         (B)   A sworn employee in the communications bureau of the fire +department accrues six hours each bi-weekly pay period, to a maximum of 120 +hours annually. +         (C)   A sworn employee of the police department accrues 7.5 percent of +hours paid up to 80 in each bi-weekly pay period, to a maximum of 120 hours +annually. +         (D)   Every other bi-weekly paid employee accrues 6.5 percent of hours +paid up to 80 in each bi-weekly pay period, to a maximum of 104 hours annually. +         (E)   A weekly paid employee accrues 6.5 percent of hours paid up to +40 in each weekly pay period, to a maximum of 104 hours annually. +      (2)   Every permanent employee with five years of service but less than +nine years of service accumulates vacation leave as follows: +         (A)   A sworn employee in the emergency response bureau of the fire +department accrues 10.2 hours each bi-weekly pay period, to a maximum of 204 +hours annually. +         (B)   A sworn employee in the communications bureau of the fire +department accrues 6.8 hours each bi-weekly pay period, to a maximum of 136 +hours annually. +         (C)   A sworn employee of the police department accrues 8.5 percent of +hours paid up to 80 in each bi-weekly pay period, to a maximum of 136 hours +annually. +         (D)   Every other bi-weekly paid employee accrues 7.5 percent of hours +paid up to 80 in each bi-weekly pay period, to a maximum of 120 hours annually. +         (E)   A weekly paid employee accrues 7.5 percent of hours paid up to +40 in each weekly pay period, to a maximum of 120 hours annually. +      (3)   Every permanent employee with nine years of service but less than +15 years of service accumulates vacation leave as follows: +         (A)   A sworn employee in the emergency response bureau of the fire +department accrues 10.8 hours each bi-weekly pay period, to a maximum of 216 +hours annually. +         (B)   A sworn employee in the communications bureau of the fire +department accrues 7.2 hours each bi-weekly pay period, to a maximum of 144 +hours annually. +         (C)   Every other bi-weekly paid employee accrues nine percent of +hours paid up to 80 in each bi-weekly pay period, to a maximum of 144 hours +annually. +         (D)   A weekly paid employee accrues nine percent of hours paid up to +40 in each weekly pay period, to a maximum of 144 hours annually. +      (4)   Every permanent employee with 15 years of service but less than 19 +years of service accumulates vacation leave as follows: +         (A)   A sworn employee in the emergency response bureau of the fire +department accrues 12 hours each bi-weekly pay period, to a maximum of 240 +hours annually. +         (B)   A sworn employee in the communications bureau of the fire +department accrues eight hours each bi-weekly pay period, to a maximum of 160 +hours annually. +         (C)   Every other bi-weekly paid employee accrues 10 percent of hours +paid up to 80 in each bi-weekly pay period, to a maximum of 160 hours annually. +         (D)   A weekly paid employee accrues 10 percent of hours paid up to 40 +in each weekly pay period, to a maximum of 160 hours annually. +      (5)   Every permanent employee with 19 or more years of service +accumulates vacation leave as follows: +         (A)   A sworn employee in the emergency response bureau of the fire +department accrues 13.8 hours each bi-weekly pay period, to a maximum of 276 +hours annually. +         (B)   A sworn employee in communication bureau of the fire department +accrues 9.2 hours each bi-weekly pay period, to a maximum of 184 hours +annually. +         (C)   Every other bi-weekly paid employee accrues 11.5 percent of +hours paid up to 80 in each bi-weekly pay period, to a maximum of 184 hours +annually. +         (D)   A weekly paid employee accrues 11.5 percent of hours paid up to +40 in each weekly pay period, to a maximum of 184 hours annually. +   (d)   Maximum accumulation. +      (1)   Except as provided in this subsection, an employee may accumulate +vacation leave up to an amount equal to the employee's vacation leave +entitlement for a two-year period. When accumulated vacation leave reaches the +maximum allowed, the accrual ceases until vacation leave is taken. +      (2)   During a local state of disaster declared by the city, employees +who are prohibited by their department from taking vacation leave due to the +local state of disaster may continue to accrue vacation leave beyond the +maximum allowed for the duration of the local state of disaster. Any vacation +leave accrued beyond the maximum allowed during a local state of disaster will +be forfeited if not used within one year after the expiration of the local +state of disaster. +   (e)   Acceleration and increased accrual limits. Upon the date of an +employee's 5th, 9th, 15th and 19th service anniversary: +      (1)   accrual of vacation leave will be accelerated; and +      (2)   annual accrual limits of vacation leave will be increased. +   (f)   Incentive programs. In addition to vacation leave earned under this +section, an employee may earn vacation leave under incentive programs approved +by the city manager and adopted by the city council. +   (g)   Vacation usage. Vacation use is based on the employee's regular work +day and the number of hours the employee would have worked that day. If the +employee is assigned to a standard work week, no more than 40 hours paid leave +may be charged in one work week. If the employee is assigned to an approved +alternate work schedule, the hours charged in one work week as paid leave may +not exceed the maximum hours contained in the alternate work week during which +the leave was taken. This subsection does not apply to sworn fire department +shift personnel. +   (h)   Selection of vacation time. A supervisor may grant vacation leave at a +time during the year that will best serve the public interest. Preference may +be given to an employee on the basis of length of service. +   (i)   Holidays. If an official holiday occurs during vacation leave, an +employee will be charged for holiday leave instead of vacation leave. This +subsection does not apply to a sworn employee of the emergency response bureau +or communications bureau of the fire department who is assigned to a 12-hour or +24-hour work shift. +   (j)   Death in family. An appropriate extension of death-in-family leave may +be given for a death in an employee's family occurring while the employee is +taking vacation leave. +   (k)   Vacation leave during suspension. An employee on suspension forfeits +use and accrual of vacation leave for the duration of the suspension. Upon +completion of the suspension, the employee must either physically return to +work or, if ill, submit an approved doctor's statement justifying inability to +return to work before vacation leave credit and accrual may be restored. +   (l)   Vacation leave during leave without pay. An employee on leave without +pay forfeits use and accrual of vacation leave for the duration of the leave +without pay, except to the extent that the leave without pay is authorized by +the City's Family and Medical Leave provisions. Upon completion of the leave +without pay, the employee must either physically return to work or, if ill, +submit an approved doctor's statement justifying inability to return to work +before vacation leave credit and accrual may be restored. +   (m)   Vacation leave in conjunction with leave without pay. Prior +departmental approval must be obtained for any period of leave without pay +taken in conjunction with a normal vacation. Favorable consideration will be +given only to exceptional reasons. +   (n)   Pay in lieu of vacation leave. Vacation leave is provided for the +specific purpose of allowing an employee a period of rest and recreation, and +the practice of "selling" vacation leave is contrary to this purpose. Pay in +lieu of vacation leave may only be granted in cases of extreme emergency and +must be approved by the city council or city manager. +   (o)   Lump sum payment of vacation leave. +      (1)   Payment upon termination. An employee who terminates employment +after the initial six months of employment shall be paid for vacation leave +accrued but not taken. +      (2)   Retirement. An employee who retires will be paid in a lump sum for +the period of vacation leave due the employee. +      (3)   Discharge. A discharged employee who has completed the initial six +months of city employment will be paid for all accrued vacation leave in a lump +sum at the end of the next complete pay period following the date of discharge. +No credit will be given for a holiday that may have fallen within the vacation +period had the vacation period been extended on the payroll. +      (4)   Death. Vacation leave accrued to the credit of an employee who dies +will automatically be paid in a lump sum. Holidays occurring after the date of +death will not be paid. Upon instructions from the city attorney's office, +monies due the deceased employee will be delivered to the employee's +beneficiary or estate. +      (5)   Computation. Lump sum payment of vacation leave is computed by +multiplying the number of hours of vacation leave to which an employee is +entitled by the employee's regular rate of pay on the date of termination from +city employment. +   (p)   Vacation leave adjustment for changes in work schedules. A sworn +employee of the fire department will have any vacation leave balance adjusted +proportionately to reflect differences in work schedules when: +      (1)   the employee transfers to or from the emergency response bureau of +the fire department; or +      (2)   the employee's full-time regular work schedule is increased or +decreased. +   (q)   Family leave. An employee who is eligible for family leave under +Section +34-24.1(b) may be required to deduct hours from the employee's vacation leave +balance to cover all or part of any absence from work for a family leave +purpose described in Section +34-24.1(c). +   (r)   Discretionary vacation leave for new third-tier executive and above. +In addition to vacation leave accrual authorized in Subsection (c) of this +section, the city manager may, beginning on the person's employment start date, +approve up to 80 hours of vacation leave for a person hired into a third-tier +executive position and above. An employee forfeits any leave granted under this +subsection if his or her employment terminates within the first six months. +This subsection does not apply to a city employee who is promoted into a third- +tier executive position and above. (Ord. Nos. 19340; 19473; 19932; 22195; +22296; 22318; 24873; 24930; 28024; 29480; 29883; 30657; 31745) +SEC. 34-24.   COMPENSATORY LEAVE. +   (a)   Eligibility. An exempt employee (other than the city manager, the +first assistant city manager, an assistant city manager, a department director, +an assistant department director, other managerial personnel designated by the +city council, or an exempt employee of the city attorney's office or the city +auditor's office) who works overtime one full hour or more in a pay period may +earn compensatory leave. A nonexempt employee (other than a sworn employee of +the police or fire department) may not accrue compensatory leave but will be +paid overtime for any overtime hours worked. +   (b)   Accrual. Compensatory leave is accrued in half hour increments for +each half hour worked over 80 hours in a pay period, up to a maximum balance of +80 hours. +   (c)   Reportingandrecords. Compensatory leave must be reported biweekly. As +with any payroll transaction, the recording of compensatory time may be subject +to audit. +   (d)   Maximum balance. An employee’s compensatory leave balance may not +exceed 80 hours at any time. Hours accrued in excess of this maximum amount +will be immediately forfeited. An exempt employee may not be paid for accrued +compensatory hours. +   (e)   This section does not apply to an exempt sworn employee of the fire +department below the rank of deputy chief. (Ord. Nos. 19340; 20075; 22195; +24873; 24930; 29480; 31745) +SEC. 34-24.1.   FAMILY AND MEDICAL LEAVE. +   (a)   Federal regulations. The terms used in this section that are not +defined in Section +34-4 of this chapter have the meanings given them in the Family and Medical +Leave Act and Part 825, Title 29 of the Code of Federal Regulations, as +amended. All interpretations and applications of this section must be made in +compliance with the minimum requirements of the Family and Medical Leave Act +and Part 825, Title 29 of the Code of Federal Regulations, as amended. If any +provision of this section conflicts with a provision of the federal law +governing family and medical leave, the federal law prevails. +   (b)   Eligibility. Every employee is eligible for family and medical leave +if the employee has: +      (1)   been employed by the city for at least 12 months; and +      (2)   worked at least 1,250 hours during the 12-month period immediately +preceding the commencement of family and medical leave. +   (c)   When family and medical leave may be taken. An eligible employee may +take family and medical leave only in the following circumstances: +         (A)   for the birth of the employee's son or daughter or to care for +the child after its birth; +         (B)   for the placement of a son or daughter with the employee for +adoption or foster care or to care for the child after placement; +         (C)   to care for a spouse, son, daughter, or parent of the employee, +if the spouse, son, daughter, or parent has a serious health condition; +         (D)   for a serious health condition that makes the employee unable to +perform the functions of the employee's position; +         (E)   for any qualifying exigency arising out of the fact that the +employee's spouse, son, daughter, or parent is a covered military member who is +on active duty or has been notified of an impending call or order to active +duty in support of a contingency operation; or +         (F)   to care for a covered service member with a serious injury or +illness if the employee is the spouse, son, daughter, parent, or next of kin of +the service member. +   (d)   Administration of family and medical leave. Specific procedures and +requirements for the administration of the Family and Medical Leave Act are +outlined in the administrative directives of the city. No procedure or +requirement adopted by administrative directive may conflict with the Family +and Medical Leave Act or Part 825, Title 29 of the Code of Federal Regulations, +as amended. +   (e)   Disciplinary action. Disciplinary action, up to and including +discharge from city employment, may be taken against an employee who: +      (1)   falsifies or misrepresents any facts in order to obtain family and +medical leave; or +      (2)   shares confidential medical information relating to a request for +family and medical leave with any person not authorized to receive the +information. (Ord. Nos. 22195; 24873; 28024; 29320; 31745) +SEC. 34-24.2.   PAID PARENTAL LEAVE. +   On or after January 1, 2022, a maximum of six weeks of paid parental leave +is available to employees following the birth of the employee's child or to +care for the child after birth, or for the placement of a child with the +employee for adoption or foster care or to care for the child after placement. +Specific procedures and requirements for the administration of paid parental +leave are outlined in the administrative directives of the city. (Ord. 32035) +SEC. 34-25.   HOLIDAYS. +   (a)   Days designated. +      (1)   The following official holidays will be observed: +         (A)   New Year's Day (January 1); +         (B)   Martin Luther King's Birthday (third Monday in January); +         (C)   President's Day (third Monday in February); +         (D)   Memorial Day (last Monday in May); +         (E)   Juneteenth (June 19th); +         (F)   Independence Day (July 4); +         (G)   Labor Day/Cesar E. Chavez Day (first Monday in September); +         (H)   Indigenous People's Day (second Monday in October); +         (I)   Veterans Day (November 11th); +         (J)   Thanksgiving Day (fourth Thursday in November); +         (K)   Day after Thanksgiving/ September 11th Remembrance Day; and +         (L)   Christmas Day (December 25). +      (2)   Additional holidays may be granted by ordinance or resolution of +the city council at the recommendation of the city manager. +   (b)   Holiday pay. Paid holidays are extended to every permanent employee +and to every temporary employee as described in Section +34-8 (a). A full-time permanent or temporary employee receives holiday pay +equal to the employee's standard work day. A part-time permanent or temporary +employee receives holiday pay prorated on the basis of the average number of +paid hours credited to the employee in the four payroll weeks preceding the +holiday. For the purpose of calculating overtime, holidays are included as +hours worked. +   (c)   Fire department. A sworn employee in the emergency response bureau of +the fire department will receive the equivalent of 12 holidays a year in +accordance with departmental regulations. +   (d)   Weekend holidays. When an official holiday falls on a weekend, the +following alternative schedule applies: +      (1)   A holiday that falls on a Saturday will be taken the Friday before +the holiday. +      (2)   A holiday that falls on a Sunday will be taken the Monday after the +holiday. +   (e)   Worked holidays. In a department in which employees regularly work on +holidays, the department shall arrange schedules to allow each employee who +works on the holiday a substitute holiday either before or after the holiday, +but within a reasonable period of time. If the department cannot arrange a +substitute holiday, the employee will be paid for hours equal to the employee’s +standard workday. This subsection does not apply to sworn fire department shift +personnel. +   (f)   Loss of holiday pay. An employee will not receive pay for a holiday if +the employee is: +      (1)   on unapproved leave without pay either the day before or the day +following an official holiday; +      (2)   on unapproved leave without pay on a holiday on which the employee +is normally scheduled to work; or +      (3)   on approved leave without pay the day before and the day following +an official holiday, except to the extent the leave is authorized by the City’s +Family and Medical Leave provisions. +   (g)   Holiday during vacation or sick leave. When an official holiday occurs +during an employee's vacation leave or sick leave, the employee will be paid +for the holiday and no deduction from the employee's vacation or sick leave +balance will be made for the holiday. +   (h)   Holiday during injury leave. Any employee who is on injury leave when +a holiday occurs will be paid workers' compensation and will be paid for the +holiday up to the number of hours needed to supplement the employee's pay. If +the employee is on wage supplementation, no wage supplementation payments will +be received for the holiday. No compensation will be provided for unused +holiday time. +   (i)   Holiday during other leave. An employee on military leave, court +leave, or death- in-family leave when a holiday occurs may take the holiday at +a subsequent date convenient to the department. +   (j)   Death or discharge. Since final settlement of monies due an employee +separated from the payroll because of death or discharge is paid in a lump sum, +no holiday occurring after the date of death or discharge will be included in +the determination of the settlement. (Ord. Nos. 19340; 24622; 24873; 28024; +28794; 29480; 32005; 32342) +SEC. 34-26.   COURT LEAVE. +   (a)   Eligibility. Court leave is a privilege extended to every permanent +employee. +   (b)   When granted. An employee shall be granted court leave when: +      (1)   summoned for jury duty; or +      (2)   subpoenaed to appear as a witness. +   (c)   Personal litigation. An employee may not be granted court leave when +the employee is involved in personal litigation, except as permitted under +Subsection (b) of this section. +   (d)   Notice to supervisor. The employee must notify the employee’s +supervisor upon receipt of a summons or subpoena for which court leave is +requested. +   (e)   Fees. All fees paid and expenses reimbursed by the court may be +retained by the employee, provided that the city did not furnish travel, meals, +lodging, or miscellaneous expenses. +   (f)   Standard work day credit. An employee on court leave is credited with +a standard work day on the payroll. No allowance will be made for overtime the +employee might have earned if the employee had worked. +   (g)   Return to work. When an employee on court leave is excused by proper +court authority, the employee shall report back to the employee’s place of +employment when as much as two hours working time remains. (Ord. Nos. 19340; +24873) +SEC. 34-27.   DEATH-IN-FAMILY LEAVE. +   (a)   Eligibility. An allowance of three work days with pay is extended to +every permanent employee when a member of the employee's immediate family dies. +   (b)   Other than immediate family. Death of a relative not included in the +immediate family may be considered individually and up to three days leave time +allotted as the circumstances warrant. +   (c)   Multiple deaths. If multiple deaths occur within a family +simultaneously, special exceptions to the normal allowance of three days may be +made by the department director. (Ord. Nos. 19340; 24873; 29480; 31745) +SEC. 34-28.   LEAVE WITHOUT PAY. +   (a)   Eligibility. Leave without pay is granted as a matter of +administrative discretion. No employee may demand leave without pay as a matter +of right, but it may be granted to any employee. +   (b)   When granted. An employee may be granted leave without pay for the +following reasons: +      (1)   To participate in training that would result in increased job +ability. +      (2)   To achieve an educational level necessary to advancement in the +city. +      (3)   To perform a service that will contribute to the public welfare. +      (4)   To recover from an illness or disability, not believed to be of a +permanent or disqualifying nature, for which sick leave and wage +supplementation benefits have been exhausted or are not available. +      (5)   When return to work would threaten the health of others. +      (6)   To provide necessary care for a family member who is ill or +incapacitated. +      (7)   For an excused absence during the initial six months of employment. +      (8)   For an excused, but noncompensable, absence of less than a day for +a nonexempt employee. +      (9)   To permit vacation. +      (10)   To perform duties in the military service as authorized by Section +34-30 of this chapter and administrative directives established pursuant to +that section. +      (11)   To take family and medical leave. +      (12)   At the discretion of the department director, as other +circumstances may warrant granting leave without pay. +   (c)   Allowable length of leave. +      (1)   An employee’s department director may authorize leave without pay +for a period not to exceed six consecutive calendar weeks. Leave without pay in +excess of six consecutive calendar weeks must be requested by the department +director and approved by the director of human resources. The city manager must +approve leave without pay in excess of 13 consecutive calendar weeks. +      (2)   Notwithstanding Paragraph (1) of this subsection, leave without pay +for an employee performing duties in the military service is governed by +Section +34-30 of this chapter and administrative directives established pursuant to +that section. +   (d)   Service credit. +      (1)   An employee who is on leave without pay from work for more than six +consecutive calendar weeks loses service credit for that period in excess of +the six calendar weeks, except to the extent that the leave without pay is +authorized by the City’s Family and Medical Leave provisions. +      (2)   Notwithstanding Paragraph (1) of this subsection, service credit +for an employee performing duties in the military service is governed by +Section 34- 40 of this chapter and administrative directives established +pursuant to that section. +   (e)   Accrued leave. An employee granted leave without pay forfeits use and +accrual of sick leave, vacation leave, holiday leave, death-in-family leave, +and court leave, except to the extent that the leave without pay is authorized +by federal or state law. +   (f)   Termination. An employee granted leave without pay must physically +return to work to retrieve sick leave credit, but will be paid for any vacation +leave balance due if the employee terminates. Payment of the vacation leave +balance will be at the pay rate in effect at the beginning of the leave without +pay. (Ord. Nos. 19340; 19473; 20716; 22026; 22195; 24873; 29480; 31745) +SEC. 34-29.   LEAVE WITH PAY (EXCUSED ABSENCE). +   (a)   Discretionary. Certain authorized absences not provided for under +regular leave policies fall within the category of administrative discretion. +This leave with pay is referred to as administrative leave and is recorded as +such in payroll records. +   (b)   When granted. A department director may administratively excuse an +employee for the time necessary: +      (1)   to take a civil service examination; +      (2)   to take a physical examination required by the city; +      (3)   to make an oral appeal before the civil service board, accident +review board, or any other board or committee (except the city council) whose +function may affect the employee’s work status; +      (4)   to vote in a city, state, or national election; +      (5)   for urgent personal reasons; or +      (6)   for other circumstances at the department director’s discretion. +   (c)   Pending disciplinary action. An employee charged with a violation of a +city, state, or federal law, rule, or policy, which if proven would justify +formal disciplinary action, may be placed on leave with pay pending the outcome +of any investigation to determine the exact nature and extent of the violation +and pending the imposition of any disciplinary action taken for the violation. +Formal disciplinary action includes reprimand, suspension, demotion, or +discharge. (Ord. Nos. 19340; 24873) +SEC. 34-30.   MILITARY SERVICE/MILITARY LEAVE. +   (a)   Federal and state regulations. The terms used in this section, and in +other provisions of the city’s military service/military leave policy, that are +not defined in this chapter have the meanings given them in the Uniformed +Services Employment and Reemployment Rights Act; Chapter 431 of the Texas +Government Code, as amended; and Chapter 613 of the Texas Government Code, as +amended. All interpretations and applications of this section and other +provisions of the city’s military service/military leave policy must be made in +compliance with the minimum requirements of those federal and state laws. If +any provision of this section or of any other provision of the city’s military +service/military leave policy conflicts with a provision of the federal or +state law governing military service and military leave, the federal or state +law prevails. +   (b)   Nondiscrimination. The city does not discriminate with regard to +hiring, reemployment, retention, promotion, or any benefit of employment +because of an applicant’s or employee’s membership, application for membership, +or performance of duty in the military service. +   (c)   Military leave. The city will grant military leave to city employees +in compliance with the Uniformed Services Employment and Reemployment Rights +Act, as amended, and Chapters 437 and 613 of the Texas Government Code, as +amended. No procedure or requirement adopted by administrative directive may +conflict with the Uniformed Services Employment and Reemployment Rights Act, as +amended, or with Chapters 437 or 613 of the Texas Government Code, as amended. +   (d)   Responsibility. Responsibility for administering the city’s military +service/military leave policy rests with: +      (1)   the department director and the civil service board for an employee +in a classified position; +      (2)   the department director and the director of human resources for an +employee in an unclassified position; and +      (3)   the department director for an employee in a non-civil service +position. (Ord. Nos. 19340; 22195; 22296; 22318; 24873; 30657; 31745) +SEC. 34-31.   INJURY LEAVE. +   (a)   After the first day, time off from work for disability or medical +treatment for an injury occurring while the employee was in the course of +employment with the city may be charged to injury leave. +   (b)   Disciplinary action against an employee should be delayed until the +employee returns from injury leave, unless the disciplinary action is for a +criminal offense committed by the employee. +   (c)   Merit increases may not be granted while an employee is on injury +leave whether or not the employee is receiving wage supplementation payments. +(Ord. 25389) +SEC. 34-31.1.   MANDATORY CITY LEAVE. +   (a)   Eligibility. In a fiscal year in which mandatory city leave is +authorized, every permanent employee will receive a bank of paid leave in +accordance with policies approved by city council ordinance or resolution. This +leave will be provided to and may be used by all permanent employees, including +those in the initial six months of city employment. +   (b)   Carry-over provisions. Mandatory city leave must be used in the fiscal +year in which it is established. Any mandatory city leave that is not used by +the end of the fiscal year will be forfeited, and no compensation will be +provided for the unused leave. +   (c)   Mandatory city leave usage. Mandatory city leave use is based on an +employee’s regular work day and the number of hours the employee would have +worked that day. For the purpose of calculating overtime, mandatory city leave +hours are included as hours worked. +   (d)   Increments. With departmental approval, a city employee may take +mandatory city leave in one-hour increments. +   (e)   Official mandatory city leave days. +      (1)   Official mandatory city leave days established. At the +recommendation of the city manager, the city council may, by ordinance or +resolution, establish fixed official mandatory city leave days when city +offices are officially closed. Except as specifically provided otherwise in +this subsection, an employee must use mandatory city leave on these days. +      (2)   Worked official mandatory city leave days. In a department in which +employees regularly work on an official mandatory city leave day, the +department shall arrange schedules to allow each employee who works on an +official mandatory city leave day a substitute day either before or after the +official mandatory city leave day, but within a reasonable period of time. This +subsection does not apply to sworn fire department shift personnel. +      (3)   Official mandatory city leave day during vacation or sick leave. +When an official mandatory city leave day occurs during an employee’s vacation +leave or sick leave, the employee will be charged for mandatory city leave and +no deduction from the employee’s vacation or sick leave balance will be made +for the official mandatory city leave day. +      (4)   Official mandatory city leave day during injury leave. Any employee +who is on injury leave when an official mandatory city leave day occurs will be +paid workers’ compensation and will be charged for mandatory city leave up to +the number of hours needed to supplement the employee’s pay. If the employee is +on wage supplementation, no wage supplementation payments will be received for +the official mandatory city leave day. Any unused mandatory city leave hours +may be taken on a subsequent date convenient to the department. +      (5)   Official mandatory city leave day during other leave. An employee +on military leave, court leave, or death-in-family leave when an official +mandatory city leave day occurs may take the mandatory city leave on a +subsequent date convenient to the department. +      (6)   Official mandatory city leave during suspension. An employee on +suspension when an official mandatory city leave day occurs will not be paid +for the official mandatory city leave day but may take the mandatory city leave +on a subsequent date convenient to the department. +      (7)   Official mandatory city leave during leave without pay. An employee +on leave without pay when an official mandatory city leave day occurs may take +the mandatory city leave on a subsequent date convenient to the department. +   (f)   Floating mandatory city leave days. +      (1)   At the recommendation of the city manager, the city council may, by +ordinance or resolution, establish floating mandatory city leave days that may +be used at an employee’s discretion with a supervisor’s approval. These days +are in addition to any official mandatory city leave days established for the +fiscal year. +      (2)   A supervisor may grant floating mandatory city leave at a time +during the year that will best serve the public interest. Preference may be +given to an employee on the basis of length of service. +      (3)   An employee on injury leave who is not receiving wage +supplementation may use mandatory city leave like other paid leave to +supplement the employee’s pay. +   (g)   Lump sum payment of mandatory city leave. No payment will be provided +for unused mandatory city leave when an employee terminates employment, +regardless of the reason for the termination. +   (h)   Mandatory city leave adjustment for changes in work schedules. A sworn +employee of the fire department will have any mandatory city leave balance +adjusted proportionately to reflect differences in work schedules when: +      (1)   the employee transfers to or from the emergency response bureau of +the fire department; or +      (2)   the employee’s full-time regular work schedule is increased or +decreased. +   (i)   Family leave. An employee who is eligible for family leave under +Section +34-24.1(b) may be required to deduct hours from the employee’s mandatory city +leave balance to cover all or part of any absence from work for a family leave +purpose described in Section +34-24.1(c). (Ord. 28024) +ARTICLE IV. +BENEFITS. +SEC. 34-32.   HEALTH BENEFIT PLANS. +   (a)   The city extends participation in health benefit plans to every +permanent full-time employee and to every city council member. Other +classifications of employees are eligible to participate in the city's health +benefit plans in accordance with federal law and as described in the applicable +plan documents. +   (b)   Eligibility, premium rates, and procedures for participation in the +health benefit plans for active employees, retired employees, and city council +members are defined in plan documents adopted by the city council and on file +with the department of human resources. The city may change the health benefit +plans at any time, subject to applicable law. +   (c)   Notice of retirees' rights to purchase continued health benefits. +      (1)   Under Chapter 175 of the Texas Local Government Code, as amended, a +person who retires from the city and is entitled to receive city retirement +benefits is entitled to purchase retiree health benefits coverage from the city +for the retiree and any eligible dependents at the retiree's own cost. +      (2)   The city may make retiree health benefits available to retirees and +their eligible dependents under one or more separate plans, the terms and +conditions of which may vary as the city specifies. Health benefits for +employees who have separated from employment with the city will be made +available through a plan available for retirees who are under the age of 65 +(the "pre-65 plan") and through a separate plan available for retirees aged 65 +or older (the "post-65 plan"). Eligibility to participate in any such plans, +the coverage options available, the costs of enrollment and participation, and +other terms, conditions, and limitations will be set forth from time to time in +written documents that are consistent with this chapter. +      (3)   To enroll in the city's retiree health benefits upon separation +from employment, an employee who is not 65 years of age or older must be +enrolled in the city's health benefit plan for active employees and must be +eligible to receive an immediately-distributable pension benefit under the +Employees' Retirement Fund or Dallas Police and Fire Pension System, in each +case on the employee's separation date. An employee is not required to have +commenced receipt of pension benefits in order to enroll in the city's pre-65 +plan. An enrollment election for the city's pre-65 plan must be submitted to +the city within 30 days of the separation date to be effective. An otherwise- +eligible employee who fails to timely enroll in the city's retiree health +benefits or who subsequently terminates coverage will not be eligible to +reenroll thereafter except through the "come-back option" available under the +city's post-65 plan. +         (A)   In accordance with Chapter 615 of the Texas Government Code, as +amended, the surviving spouse of a sworn employee of the police or fire +department, who is killed in the line of duty, is entitled to purchase or +continue to purchase health insurance benefits from the city and enroll in the +pre-65 plan until the date the surviving spouse becomes eligible for federal +Medicare benefits. The surviving spouse is entitled to obtain the coverage at +the rate paid by current employees of the city. +         (B)   A city employee whose employment ends as a result of disability +that entitles the employee to a disability retirement under the applicable city +pension plan may enroll in the pre-65 plan regardless of the employee's age. +      (4)   To enroll in the city's retiree health benefits upon separation +from employment, an employee who is aged 65 or older must be enrolled in the +city's health benefit plans for active employees or the pre-65 plan on the +employee's separation date and must timely enroll in Parts A and B of the +Medicare program when initially eligible. To be effective, an enrollment +election for the city's post-65 plan must be submitted to the city within 30 +days of the date on which the employee initially satisfies the foregoing +eligibility requirements. An otherwise-eligible employee who fails to timely +enroll in the city's retiree health benefits or who subsequently terminates +coverage will not be eligible to reenroll thereafter. +      (5)   A retiree who is age 65 or older may enroll in the city's post-65 +plan after separating from employment under the "come-back option" if, within +30 days of timely enrolling in the Medicare program, the retiree submits an +enrollment request to the city, is eligible to receive an immediately- +distributable pension benefit under the Employees' Retirement Fund or Dallas +Police and Fire Pension System, and provides satisfactory evidence of +continuous comprehensive health plan coverage for the 36-month period +immediately preceding the enrollment request. An employee is not required to +have commenced receipt of pension benefits in order to enroll in the city's +retiree health benefit plan. A retiree who enrolls in the city's post-65 plan +under the come-back option and subsequently terminates coverage will not be +eligible to reenroll thereafter. The come-back option is available beginning +with the 2022 calendar year benefits enrollment period to retirees who meet the +eligibility criteria on or after the enrollment period begins. +         (A)   A retiree's legally-recognized spouse may be enrolled in the +post-65 plan under the come-back option at the same time as the retiree's +enrollment, but no spousal enrollment independent of the retiree is permitted. +         (B)   Only the spouse to whom the retiree was legally married at the +time of separation of employment will be eligible for enrollment under the +come-back option. +      (6)   All costs of participation in the city's retiree health benefits +will be paid solely by individual enrollees based on the coverage elected +except that the city will subsidize 50 percent of the costs of coverage for a +retiree (but not coverage for a spouse or any dependents) enrolled in the pre- +65 plan who was first hired by the city prior to January 1, 2010 until the +earlier of: +         (A)   the date on which the retiree voluntarily terminates coverage +under the pre-65 plan; +         (B)   the date on which the retiree enrolls in the city's post-65 +plan; or +         (C)   the date in which the retiree's eligibility to participate in +the city's pre-65 plan otherwise ends. +         (D)   No city-paid premium subsidy will be provided for any spousal or +dependent coverage elected under the city's retiree health benefit plans. The +employee's most recent date of hire or rehire with the city will be used for +purposes of determining eligibility for the foregoing city subsidy. +      (7)   The city will not subsidize any premium or cost associated with +enrollment or participation in the Medicare program (including any premiums for +Medicare Advantage coverage) by current or retired city employees or their +dependents except that the city will pay the monthly premiums for coverage +under Part A of the Medicare program for city employees: +         (A)   whose original date of hire with the city was prior to April 1, +1986; +         (B)   who are continuously enrolled in the Medicare program from their +initial eligibility date; +         (C)   for whom insufficient Medicare taxes were withheld during city +employment to qualify for cost-free Part A coverage; and +         (D)   who have been continuously enrolled in the city's health +benefits plan for active employees, the pre-65 plan, or the post-65 plan, as +applicable during city employment and following separation from employment. +      (8)   The city will not subsidize any premium or cost under the city's +retiree health benefit plans for: +         (A)   any employee who is hired or rehired on or after January 1, +2010; +         (B)   any dental or vision coverage; +         (C)   any spousal or dependent coverage; +         (D)   the come-back option; +         (E)   enrollment in Part B of the Medicare program; or +         (F)   any retiree aged 65 or older enrolled in a pre-65 plan. (Ord. +Nos. 19340; 20088; 22026; 22296; 22318; 24873; 28024; 29883; 31745; 32004) +SEC. 34-33.   LIFE INSURANCE. +   (a)   Every permanent employee is a participant in the group life insurance +program. The city will pay the full cost of the basic term life insurance +coverage for a permanent full-time employee and one-half the cost for a +permanent part-time employee. +   (b)   An employee has the option to elect additional life insurance +coverage. The employee shall pay the full cost of additional life insurance +coverage. (Ord. Nos. 19340; 24873) +SEC. 34-34.   RESERVED. +   (Repealed by Ord. 24873) +ARTICLE V. +RULES OF CONDUCT. +SEC. 34-35.   FAIR EMPLOYMENT PRACTICES. +   (a)   City management may not discharge an individual, fail or refuse to +hire an individual, or otherwise discriminate against an individual with +respect to compensation, terms, conditions, or privileges of employment because +of the individual's race, color, age, religion, sex, marital status, sexual +orientation, gender identity and expression, genetic characteristics, national +origin, disability, military or veteran status, political opinions, or +affiliations, nor shall city management take retaliatory action against an +employee who makes a protected complaint of discrimination based on these +categories. Nothing in this subsection extends any employee benefits, including +but not limited to paid or unpaid leave, medical benefits, or pension benefits, +to any individual who is ineligible for those benefits under any other +provision of this chapter, the city's master health plan, the employees' +retirement fund program, or the police and fire pension system or under any +other city ordinance or resolution or state or federal law. +   (b)   City management may not limit, segregate, or classify employees or +applicants for employment in a way that would deprive or tend to deprive an +individual of employment opportunities or otherwise adversely affect an +employee’s status because of the individual’s race, color, age, religion, sex, +marital status, sexual orientation, gender identity and expression, genetic +characteristics, national origin, disability, military or veteran status, +political opinions, or affiliations. (Ord. Nos. 19340; 22195; 22296; 22318; +24873; 29480; 31745) +SEC. 34-36.   RULES OF CONDUCT. +   (a)   Performance standards. +      (1)   Every employee is expected to consistently maintain satisfactory +performance standards. Continuing performance deficiencies, unlike the isolated +rule violations noted in Subsections (b) and (c) of this section, should first +be addressed by the mutually cooperative efforts of the supervisor and the +employee. +      (2)   If performance standards are not met, the employee is subject to a +formal disciplinary action of reprimand, suspension, demotion, or discharge. +The specific action taken determines what, if any, appeal rights are available +to the employee. +   (b)   Unacceptable conduct. The following types of conduct are unacceptable +and may be cause for corrective discipline in the form of reprimand, +suspension, demotion, or discharge depending upon the facts and circumstances +of each case. The examples given are typical but not all-inclusive. +      (1)   Unsatisfactory attendance is exemplified by, but is not limited to, +the following violations: +         (A)   unexcused absence or tardiness; +         (B)   failure to give notice of an absence or tardiness to the +supervisor from within two hours before to within 30 minutes after starting +time, as prescribed by departmental procedure; +         (C)   excessive separate absences or tardiness; +         (D)   absence or tardiness that causes service reduction or +disruption; or +         (E)   excessive amounts of time off the job, regardless of the reason. +      (2)   Position abandonment occurs when an employee is absent from a +position for three consecutive work days without authorization, or refuses an +order to report to work. The employee is deemed to have abandoned the position +and may be discharged. +      (3)   Inability to come to work occurs when an employee is absent due to +an extended illness or injury after sick leave and/or wage supplementation have +been exhausted. +      (4)   Inability or unwillingness to perform assigned work satisfactorily +is exemplified by, but is not limited to, the following violations: +         (A)   failure to follow written or verbal instructions; +         (B)   arguing over assignments or instructions; or +         (C)   other deficiencies indicating the employee’s failure to +adequately perform the responsibilities of the position. +      (5)   Indifference towards work is exemplified by, but is not limited to, +the following violations: +         (A)   inattention, inefficiency, loafing, sleeping, carelessness, or +negligence; +         (B)   failure to remain at one's work station, leaving work without +permission, or taking excessive time for eating or break periods; +         (C)   performance of personal business, including but not limited to +use of work time to study or complete school assignments when school work is +not part of the employee's work duties and excessive use of personal cell +phones or other electronic devices while on duty; +         (D)   interference with the work of others; or +         (E)   discourteous or irresponsible treatment of the public or other +employees. +      (6)   Sabotage is exemplified by, but is not limited to, the following +violations: +         (A)   deliberate damage to or destruction of city equipment or +property; +         (B)   defacing of city property; +         (C)   unauthorized alteration, removal, destruction, or disclosure of +city records; +         (D)   advocacy of or participation in unlawful trespass or seizure of +city property; +         (E)   encouraging or engaging in slowdowns, sit-ins, strikes, or other +concerted actions or efforts to limit or restrict employees from working; +         (F)   refusal to cross picket lines; +         (G)   interference with the public use of or access to city services, +properties, or buildings; or +         (H)   threats to commit any act of sabotage as defined in this +paragraph. +      (7)   Safety violations are exemplified by, but are not limited to, the +following violations: +         (A)   failure to follow city or departmental safety rules and +regulations; +         (B)   failure to use required safety apparel; +         (C)   removal or circumvention of a safety device; +         (D)   lifting in an unsafe manner; +         (E)   operation of a vehicle or other equipment in an unsafe manner; +         (F)   smoking, including the use of tobacco products and e-cigarettes, +in a prohibited area; +         (G)   endangering of one's own safety or that of others by careless or +irresponsible actions or negligence; +         (H)   failure to report an on-the-job injury, vehicle accident, or +unsafe work conditions; +         (I)   failure of a supervisor to remove from the workplace or to +assist to a safe location an employee whose mental capabilities are impaired +due to injury, illness, alcohol or drug use, or emotional distress; +         (J)   failing a city-required drug or alcohol test; or +         (K)   texting or emailing while operating a motor vehicle on city +business. +      (8)   Dishonesty is exemplified by, but is not limited to, the following +violations: +         (A)   acceptance of money or anything of value from a person subject +to the regulatory decision or supervision of the employee; +         (B)   cheating, forging, or willful falsification of official city +reports or records; +         (C)   false reporting of the reason for paid leave of absence; or +         (D)   any other falsifying action detrimental to the city or fellow +employees. +      (9)   Theft, regardless of item value, is exemplified by, but is not +limited to, the following violations: +         (A)   unauthorized taking of city property or the property of others, +including items from the trash; +         (B)   unauthorized use of city or employee funds; +         (C)   using or authorizing the use of city equipment or employee +services for other than official city business; or +         (D)   using or authorizing the use of city equipment or employee +services without proper authority. +      (10)   Insubordination is exemplified by, but is not limited to, the +following violations: +         (A)   willful failure or refusal to follow the specific orders or +instructions of a supervisor or higher authority; provided that: +            (i)   if the employee believes an instruction or order is improper, +the employee should obey the instruction or order and file a grievance later; +or +            (ii)   if the employee believes the instruction or order, if +followed, would result in physical injury to the employee or others or damage +to city equipment, the employee should request approval by the next higher +level of supervision before performing the work, unless the danger complained +about is inherent to the job; +         (B)   pursuit of a denied request to a higher authority without +revealing the lower level disposition; or +         (C)   failure to submit to a drug and/or alcohol test when ordered to +do so. +      (11)   Abuse of drugs or alcohol. +         (A)   Abuse of drugs or alcohol is exemplified by, but is not limited +to, the following violations: +            (i)   an employee is unable to perform duties in an effective and +safe manner due to: +               (aa)   ingestion, inhala-tion, or injection of a drug; or +               (bb)   ingestion of an alcoholic beverage; +            (ii)   an employee possesses, ingests, inhales, or injects into the +employee’s body a drug: +               (aa)   during working hours; +               (bb)   in a city vehicle; or +               (cc)   on city property; +            (iii)   an employee possesses or ingests an alcoholic beverage: +               (aa)   during working hours; +               (bb)   in a city vehicle; or +               (cc)   on city property, except at an authorized city event; or +            (iv)   an employee tests positive on a drug or alcohol test. +         (B)   In this paragraph: +            (i)   “Drug” means a controlled substance as defined by Chapter 481 +of the Texas Health and Safety Code. +            (ii)   “Alcoholic beverage” means alcohol, or any beverage +containing more than one-half of one percent of alcohol by volume, that is +capable of use for beverage purposes, either alone or when diluted. +         (C)   An employee or a city council member may be required to take a +drug or alcohol test, administered in accordance with directives established by +the city manager and reviewed by the city attorney, if there is reasonable +suspicion that: +            (i)   the employee or city council member has ingested, inhaled, or +injected a drug into the employee’s or city council member’s body or ingested +an alcoholic beverage; and +            (ii)   the presence of the drug or alcoholic beverage in the body +of the employee or city council member has made the employee or city council +member unfit for work, compromised the performance of the job duties of the +employee or city council member, or created a safety hazard. +         (D)   An employee who is ordered to submit to a drug and/or alcohol +test and refuses to do so, or submits a false specimen for testing, will be +discharged for insubordination. +         (E)   An employee who tests positive for drugs or alcohol may be +discharged. +      (12)   Disturbance is exemplified by, but is not limited to, the +following violations: +         (A)   fighting or boisterous conduct; +         (B)   deliberate causing of physical injury to another employee or +citizen; +         (C)   intimidation, including but not limited to bullying and online +harassment; +         (D)   unnecessary disruption of the work area; +         (E)   use of profane, obscene, abusive, threatening, or loud and +boisterous language or gestures; +         (F)   harassment, including but not limited to sexual harassment, or +workplace violence as defined in the administrative directives of the city; +         (G)   spreading of false reports; or +         (H)   other disruption of the harmonious relations among employees or +between employees and the public. +      (13)   Abuse of city property. +         (A)   Abuse of city property is exemplified by, but is not limited to, +the following violations: +            (i)   negligent damage or destruction of city equipment or +property; +            (ii)   waste of materials or negligent loss of tools or materials; +            (iii)   improper maintenance of equipment; or +            (iv)   damage caused by use of tools or equipment for purposes +other than that for which the tool or equipment was intended. +         (B)   In addition to being subject to appropriate disciplinary action, +an employee shall be responsible for the repair or replacement of any item +willfully or recklessly damaged by the employee. Failure to reimburse the city +is cause for discharge. +      (14)   Misconduct is any conduct or criminal offense, during or off +working hours, that, on becoming public knowledge, could have an adverse effect +on the city or on the confidence of the public in city government. +      (15)   Disregard of public trust is any conduct, during or off working +hours, that, on becoming public knowledge, could impair the public’s confidence +or trust in the operation of city government. +      (16)   Possession of weapons. +         (A)   Possession of a weapon capable of causing serious bodily injury +is prohibited on city property, unless specifically authorized and work +related. +         (B)   In this paragraph, a weapon capable of causing serious bodily +injury means, but is not limited to: +            (i)   any firearm; +            (ii)   any prohibited knife, including but not limited to: +               (aa)   a knife with a blade over five and one-half inches; +               (bb)   a hand instrument designed to cut or stab another by +being thrown; +               (cc)   a dagger, including but not limited to a dirk, stiletto, +or poniard; +               (dd)   a bowie knife; +               (ee)   a sword; and +               (ff)   a spear; +            (iii)   a switchblade knife; +            (iv)   any club, including but not limited to: +               (aa)   a blackjack; +               (bb)   a nightstick; +               (cc)   a mace; and +               (dd)   a tomahawk; +            (v)   any explosive weapon or device; +            (vi)   a firearm silencer; +            (vii)   knuckles; +            (viii)    ammunition; +            (ix)   a zip gun; +            (x)   any chemical dispensing device; +            (xi)   any caustic or corrosive liquid, such as acid or lye, +capable of causing serious bodily harm; and +            (xii)   a taser. +         (C)   All other terms used in this paragraph have the meanings +respectively given to them in the Texas Penal Code, as amended. +         (D)   An employee’s personal belongings located on city property may +be searched if there is reasonable suspicion that the employee is in possession +of a weapon capable of causing serious bodily injury on city property. +         (E)   Small personal canisters of pepper spray are permitted. +         (F)   Notwithstanding Paragraph (16)(A) of this subsection, an +employee who holds a license to carry a concealed handgun, or who otherwise +lawfully possesses a firearm or ammunition, may possess the firearm or +ammunition in a locked, privately-owned vehicle in a city parking lot, a city +parking garage, or any other parking area provided by the city for its +employees. +         (G)   Every employee should refer to specific procedures, +requirements, and definitions regarding possession of weapons that are +additionally outlined in the administrative directives of the city. +      (17)   Failure to maintain dress, grooming, and personal hygiene +standards appropriate to the employee’s work situation. +      (18)   Violation of an administrative directive of the city or a +departmental rule or procedure. +      (19)   Failure to report a violation is exemplified by, but not limited +to, failure to report to the proper authority any known violation described in +this subsection within 10 working days after obtaining knowledge of the +violation. +   (c)   Conflict of interest and undue political influence. +      (1)   Conflict of interest rules. Conflict of interest rules prohibit +activities that tend to compromise an employee’s allegiance to the city. These +rules are set forth in +Chapter 12A, “Code of Ethics,” of this code and in Section 11, Chapter XXII of +the city charter. +      (2)   Undue political influence in a city council election. To avoid +undue influence of a city employee on the outcome of a Dallas city council +election, and to avoid undue influence of city council members or candidates on +a city employee, an employee or employee association shall comply with the +regulations set forth in +Chapter 12A, “Code of Ethics,” of this code, Section 16(b), Chapter XVI of the +city charter, and any applicable court decisions. +      (3)   Non-city council elections. In an election other than a Dallas city +council election, an employee shall comply with the regulations set forth in +Chapter 12A, “Code of Ethics,” of this code, Section 16(c), Chapter XVI of the +city charter, and any applicable court decisions. +   (d)   Disciplinary and legal actions. Where the evidence supports a +violation of this section, disciplinary action may be taken independently of +and prior to any legal action or conviction. (Ord. Nos. 19340; 20251; 22296; +22318; 24873; 28024; 28425; 28794; 31745) +ARTICLE VI. +DISCIPLINE, GRIEVANCE, AND APPEAL PROCEDURES. +SEC. 34-37.   DISCIPLINE PROCEDURES. +   (a)   Guidelines. The director of human resources is authorized and directed +to promulgate guidelines and procedures, consistent with the city charter, +ordinances, and civil service rules and regulations, as are reasonably +necessary and appropriate to implement the rules of employee conduct and +discipline contained in this chapter. +   (b)   Departmental rules. Because of the variety of services performed by +the city, it may be necessary for departments to establish codes of conduct, +rules, orders, directives, and procedures to accomplish departmental +responsibilities. An employee who violates a departmental code of conduct, +rule, order, directive, or procedure is subject to disciplinary action. +Departments may designate the level of supervisory or departmental authority at +which disciplinary action may be taken or recommended. The provisions of this +chapter and the procedures set forth in the administrative directives of the +city take precedence over departmental rules. +   (c)   Pending investigations. When an employee is suspected of a violation +of a city, state, or federal law, rule, order, directive, procedure, or +regulation that, if proven, would justify disciplinary action, an investigation +may be conducted to determine the exact nature and extent of the alleged +violation, and the employee may be placed on administrative leave with pay +pending the outcome of the investigation and the imposition of disciplinary +action. +   (d)   Disciplinary action; procedures and notices. +      (1)   Formal disciplinary action includes reprimand, suspension, +demotion, or discharge. Removal from a position as a result of a reorganization +or reduction in force is not a disciplinary action. Letters of counseling or +advice are not considered to be disciplinary action but are meant for the +purpose of advising the employee of: +         (A)   deficiencies in the employee’s conduct or performance; +         (B)   possible violations caused by the employee’s conduct or +performance; or +         (C)   ways in which the employee’s conduct or performance should be +improved. +      (2)   The procedure for a formal disciplinary action of reprimand, +suspension, demotion, or discharge includes the following: +         (A)   Written notice must be given to the employee stating: +            (i)   the type of disciplinary action taken, i.e., reprimand, +suspension, demotion, or discharge; +            (ii)   the specific rule violated; +            (iii)   the specific incident causing the action; and +            (iv)   the employee’s right to appeal, if applicable, to a specific +office within a specified time. +         (B)   Before an action of demotion or discharge is taken, an employee +who has an internal right of appeal to a civil service trial board or to an +administrative law judge must be given an opportunity to respond to the +allegations, both in writing and orally, before the person having authority to +take the action. +      (3)   The disciplinary procedures set forth in Paragraph (2) of this +subsection do not apply to: +         (A)   a department director, assistant department director, or other +managerial personnel designated by the city council in accordance with Section +11, Chapter XVI of the city charter; +         (B)   a permanent appointee who has not completed an initial +probation, if applicable, as described in Section +34-11(d) of this chapter; or +         (C)   a non-civil service employee. +      (4)   A suspension imposed under this subsection may not exceed 45 +working days for a single disciplinary action. Any employee who merits a +suspension longer than 45 working days should be discharged. This subsection +does not imply that a discharge that, upon appeal, has been reduced to a +suspension cannot exceed 45 working days. (Ord. Nos. 19340; 19562; 21304; +22026; 24873; 26182; 28425) +SEC. 34-38.   GRIEVANCE AND APPEAL PROCEDURES. +   (a)   Applicability. This section applies to every permanent city employee +except the following: +      (1)   A department director, assistant department director, or other +managerial personnel designated by the city council in accordance with Section +11, Chapter XVI of the city charter. +      (2)   A non-civil service employee. +   (b)   Purpose. The grievance and appeal procedures described in this section +are provided for the purpose of giving an employee the opportunity to: +      (1)   present a grievance concerning the employee's working conditions +that the employee claims have been adversely affected by a violation, +misinterpretation, or misapplication of a specific law, ordinance, resolution, +policy, rule, or regulation; +      (2)   appeal a disciplinary action; or +      (3)   appeal a job performance rating or merit rating. +   (c)   Terms and conditions. +      (1)   An employee who may appeal a grievance or disciplinary action may +have two levels of appeal hearings but no more than a total of four hearings. +Appeals of demotions or terminations to the civil service trial board or an +administrative law judge are counted as one level of appeal hearing. +      (2)   A grievance or a disciplinary appeal may be heard during regularly +scheduled working hours without loss of pay to the employee, provided the +privilege is not abused. +      (3)   Preparation of a grievance or a disciplinary appeal, except for +seeking assistance from the department of human resources, is not permitted +during the employee’s working hours. +      (4)   A sworn member of the police department or fire department may +appeal a grievance only through Step 3, except that the grievance may be +appealed beyond Step 3 if it involves: +         (A)   a claim of discrimination because of the employee’s race, color, +age, religion, sex, sexual orientation, gender identity and expression, genetic +characteristics, national origin, disability, or military or veteran status as +it affects the employee’s training, promotion, advancement, or transfer; or +         (B)   a claim relating to an interpretation or application of a civil +service rule. +      (5)   Except for the final step in appealing a demotion or discharge, a +hearing under these procedures is an informal discussion held without the +taking of a written record. During any appeal hearing, a participant may take +written notes. An employee must be willing to discuss the evidence and answer +questions concerning the grievance or appeal at each step. Failure to discuss +the facts of the case at any informal level of these procedures will constitute +withdrawal of the grievance or appeal and will cause the last decision rendered +to become nonappealable. +      (6)   An employee may seek assistance or representation in presenting a +grievance or an appeal at any step. Guidance and assistance on the grievance or +appeal procedures may be obtained from the department of human resources. If +another employee is selected to provide assistance or representation on the +grievance or appeal, that employee is not eligible for regular pay but may be +released on vacation leave or leave without pay, depending upon departmental +procedure. The supervisor may also obtain assistance or representation. +      (7)   The days used to establish time limits in this section are working +days. Time limits begin to run the working day following the incident, event, +hearing, or notice. Unless otherwise provided, the time limits for grievance or +appeal requests require that the grievance or appeal request actually be +received within that time period by the office designated as the next step for +the grievance or appeal. +      (8)   Unless due to reasons beyond the employee’s control, if an employee +fails to file a grievance or an appeal within the time limits prescribed in +Subsection (f) of this section or fails to personally appear at a hearing, the +matter will be considered as having been accepted and the last decision +rendered will be nonappealable. +      (9)   If the hearing of a grievance or an appeal is not held within 20 +working days after the date the request is received (unless the hearing date is +extended by mutual agreement or for extraordinary circumstances such as a death +in the family or documented illness), the employee requesting the hearing may +proceed to the next level of appeal. The city manager, park board, civil +service board, trial board, and administrative law judge hearing processes are +excluded from this time limitation. +      (10)   If a disposition of a grievance or an appeal is not issued within +the specified time limit, the employee may proceed to the next step, if +applicable, by filing a grievance or appeal request to the next step within 20 +working days after the date of the last hearing in the grievance or appeal +process. If the employee fails to timely file a grievance or appeal request to +the next step, the last disposition of the grievance or appeal is +nonappealable. +      (11)   Any time limit specified in the procedures under this section may +be extended by mutual agreement. +      (12)   A grievance filed against a department other than the employee’s +own department must be brought to the director of the charged department and is +initiated at Step 3 of these procedures. The charged department is responsible +for keeping the employee’s own department informed of progress at each step of +the grievance or appeal and for supplying the employee’s department with copies +of the findings. +      (13)   An employee who has not completed probation, when required, after +appointment or reappointment to city employment may not file an appeal of a +disciplinary action. An employee who has not completed probation, when +required, after a promotion may not appeal a demotion. +      (14)   An employee shall not be subject to retaliation for using the +grievance or appeal procedures. +      (15)   An appeal concerning a job performance rating or merit rating may +not proceed beyond Step 3 unless the person issuing the job performance rating +is a department director. In that case, the employee may appeal to an assistant +city manager or, if the department reports to a board or commission, to a +designated board or commission member. For purposes of this paragraph, +"issuing" refers to the initial job performance rating. +      (16)   An appeal of a reprimand may not proceed beyond Step 3 unless the +person issuing the reprimand is a department director. In that case, the +employee may appeal to an assistant city manager or, if the department reports +to a board or commission, to a designated board or commission member. For +purposes of this paragraph, "issuing" refers to the initial job performance +rating. +      (17)   The right to grieve ends if the employee terminates employment +with the city. +      (18)   An employee may not grieve a position classification. +      (19)   The city vehicle collision appeal process will be administered in +accordance with any applicable provisions of this chapter and with specific +procedures and requirements outlined in the administrative directives of the +city. +      (20)   An employee who files a grievance and subsequently files an appeal +of the disposition of that grievance shall submit a copy of the original +grievance at all levels of appeal. +      (21)   At every grievance appeal level, the hearing officer shall only +hear matters contained in the original grievance. +   (d)   Grievance. A grievance and request for a hearing must be submitted in +writing and must contain the following information: +      (1)   a brief explanation of the incident causing the grievance, +including the date of occurrence; +      (2)   a brief statement showing how the employee’s working conditions +were adversely affected by the incident; +      (3)   the specific violation, misinterpretation, or misapplication of the +specific law, ordinance, resolution, policy, rule, or regulation of which the +employee is complaining; +      (4)   the remedy or solution sought; and +      (5)   the signature of the aggrieved employee. +   (e)   Disciplinary appeal. An appeal of a disciplinary action and request +for a hearing must be submitted in writing to the person designated in the +disciplinary notice, and must contain the following information: +      (1)   the disciplinary action being appealed and the effective date of +the disciplinary action; +      (2)   the specific reason the discipline is judged to be unjust or +otherwise in error; +      (3)   the remedy or solution sought; and +      (4)   the signature of the disciplined employee. +   (f)   Grievance and appeal procedure steps: +      (1)   Step 1. An employee who has a grievance shall, within 10 working +days from the date of the occurrence that caused the grievance, or from the +date the employee first had knowledge of the occurrence, request in writing a +discussion of the grievance with the employee’s immediate supervisor. The +employee must also send a copy of the grievance to the department of human +resources. A careful review of the charges and evidence or of the action or +omission will be conducted. The supervisor shall respond in writing to the +employee, stating the disposition of the grievance, within 10 working days +after the discussion. If the grievance alleges a violation of the +administrative directives on harassment and/or workplace violence and the +immediate supervisor is a direct party in the alleged incident, the employee +may file the grievance with the next higher level of supervision above the +immediate supervisor. This step does not apply to the appeal of a disciplinary +action. +      (2)   Step 2. If a grievance is not resolved or the employee wishes to +appeal a disciplinary action to Step 2, the employee must, within 10 working +days after receipt of the supervisor’s written disposition of a grievance or of +the disciplinary notice, submit a written request for a hearing to the person +designated to hear the grievance or appeal at this level. A hearing shall be +conducted within a reasonable time of receipt of the request and a written +disposition issued within 10 working days after the date of the hearing. At the +discretion of the department director, this step may be completely omitted or +may be modified to require two separate hearings before different mid-managers +in the department. +      (3)   Step 3. If a grievance or an appeal is not resolved and the +employee wishes to proceed to Step 3, the employee must, within 10 working days +after receipt of the disposition in the previous step, submit a written request +for a hearing to the department director. A hearing must be conducted within a +reasonable time after receipt of the request, and a written disposition must be +issued within 10 working days after the hearing. +      (4)   Step 4. +         (A)   If a grievance or an appeal is still not resolved and the +employee wishes to proceed to Step 4, the employee must, within 10 working days +after receipt of the disposition in the previous step or of the disciplinary +notice, submit a written request for a hearing to the designated assistant city +manager or, in the case of a sworn member of the police department appealing a +discharge, to the city manager, in care of the director of human resources of +the city. A hearing must be conducted within a reasonable time after receipt of +the request, and a knowledgeable representative of the department must be +present and, in the case of a sworn member of the police department appealing a +discharge, the police chief must also be present and will be represented by a +representative of the city attorney. At the hearing, the assistant city manager +or, in the case of a sworn member of the police department appealing a +discharge, the city manager may, at his or her discretion, allow witnesses on +behalf of the employee and the city. A written disposition must be issued +within 10 working days after the hearing. If the employee introduces new and +relevant evidence in a timely manner at this step, the assistant city manager +or the city manager, whichever is applicable, may recess the hearing for 10 +working days to give the department an opportunity to assess the evidence and +re-examine its position. +         (B)   The assistant city manager or, in the case of a sworn member of +the police department appealing a discharge, the city manager may either affirm +the action of the department director or the director’s designee, set aside the +action of the department director or the director’s designee, or direct the +department director or the director’s designee to enter a new order that the +assistant city manager or the city manager, whichever is applicable, determines +is just and equitable. Notwithstanding any other provision of this code or the +city charter, the assistant city manager or the city manager, whichever is +applicable, is not limited in determining the extent of any discipline ordered. +   (g)   Exception to Step 4 procedure. An employee of the employees’ +retirement fund or the police and fire pension system shall bring a grievance +or an appeal respectively to the employees’ retirement fund board or the police +and fire pension board instead of to an assistant city manager in Step 4 of +these procedures. Step 4 does not apply to an employee of the city auditor’s, +city secretary’s, or civil service office. +   (h)   Step 4 procedure for suspensions. When an employee requests a Step 4 +hearing for the appeal of a suspension before a designated assistant city +manager, the employees’ retirement fund board, or the police and fire pension +board, whichever is applicable, the following procedures apply in addition to +those prescribed in Subsection (f)(4) of this section, except that the +employees’ retirement fund board and the police and fire pension board may +adopt procedures in lieu of those set forth in this subsection to be followed +in hearings before their boards: +      (1)   At the hearing, the assistant city manager, the employees’ +retirement fund board, or the police and fire pension board, whichever is +applicable, shall hear witnesses on behalf of the employee and the city and +shall allow the introduction of documentary evidence. +      (2)   In accordance with Section 18, Chapter III of the city charter, the +assistant city manager, the employees’ retirement fund board, and the police +and fire pension board are granted the power to compel the attendance of +witnesses and the production of testimony and evidence, administer oaths, and +punish for contempt in the same manner as provided by law for judges of the +municipal court. At the request of an appealing employee or the city, the +assistant city manager, the chair of the employees’ retirement fund board, or +the chair of the police and fire pension board, whichever is applicable, shall +issue subpoenas for the attendance of witnesses and the production of records +at the hearing. +      (3)   The city or the appealing employee must deliver a written request +for a subpoena to the assistant city manager, the chair of the employees’ +retirement fund board, or the chair of the police and fire pension board, +whichever is applicable, at least 10 working days before the hearing. The +request for a subpoena must contain: +         (A)   the name of the witness; +         (B)   the address of the witness; +         (C)   if the witness is a city employee, the name of the employee’s +department; and +         (D)   the specific identification of books, papers, documents, or +other tangible things sought to be subpoenaed. +      (4)   The party requesting a subpoena shall notify the subpoenaed witness +of postponements, rescheduling, and appearance times. +      (5)   A subpoena for an active city employee may be served through the +director of the employee's department. The assistant city manager assigned to +the appeal hearing should forward subpoenas for non-city employees to the +Dallas City Marshal for service on the witness. A witness served with a +subpoena who fails to appear at the hearing or fails to produce requested +evidence may be punished for contempt. +      (6)   The disposition of a suspension appeal by the assistant city +manager, the employees’ retirement fund board, or the police and fire pension +board, whichever is applicable, is nonappealable. +   (i)   Final decision. +      (1)   The disposition of a grievance or an appeal by the assistant city +manager, city manager, employees' retirement fund board, secretary of the civil +service board, city auditor, or city secretary is nonappealable, except when +the grievance or appeal involved a: +         (A)   claim of discrimination because of an employee's race, color, +age, religion, sex, sexual orientation, gender identity and expression, genetic +characteristics, national origin, disability, or military or veteran status as +it affects the employee's training, promotion, advancement, or transfer, which +may be appealed to the civil service board; +         (B)   civil service rule challenge, which may be appealed to the civil +service board; or +         (C)   demotion or discharge, which may be appealed to the trial board +or an administrative law judge, unless provided otherwise in the city charter. +      (2)   The disposition of a grievance or an appeal by the police and fire +pension board is nonappealable, except when the grievance or appeal involved: +         (A)   a claim of discrimination because of an employee’s race, color, +age, religion, sex, sexual orientation, gender identity and expression, genetic +characteristics, national origin, disability, or military or veteran status as +it affects the employee’s training, promotion, advancement, or transfer, which +may be appealed to the civil service board; or +         (B)   a civil service rule challenge, which may be appealed to the +civil service board. +   (j)   Nothing in this section conveys upon, implies, or intends to imply +that an employee has a property interest in continued employment or a contract +of employment with the city based on any right to grieve or appeal provided by +this section or on the nondiscrimination policy stated in Section +34-35 of this chapter. Nothing in this section or in the nondiscrimination +policy creates any right or remedy under any law or limits any existing right +or remedy provided under any law. +   (k)   For purposes of this section only, a reference to an assistant city +manager also refers to a non-sworn managerial chief designated by the city +manager, including, without limitation, chief of economic development and +housing, chief of community services, and chief of staff to the city manager. +(Ord. Nos. 19340; 19562; 21674; 22026; 22195; 22296; 22318; 24873; 24930; +25389; 26182; 26693; 28024; 29480; 30657; 31745) +SEC. 34-39.   APPEALS TO THE CIVIL SERVICE BOARD. +   (a)   General provisions, applicability, jurisdiction, and quorum. +      (1)   To the extent that a rule adopted by the civil service board and +approved by the city council conflicts with a provision of this chapter, this +chapter prevails. +      (2)   In this section: +         (A)   BOARD means the civil service board of the city. +         (B)   SECRETARY means the secretary of the civil service board. +      (3)   This section does not apply to: +         (A)   a department director, an assistant department director, or +other managerial personnel designated by the city council in accordance with +Section 11, Chapter XVI of the city charter; +         (B)   a non-civil service employee; or +         (C)   applicants for employment. +      (4)   The civil service board has jurisdiction to hear the following +matters: +         (A)   A grievance of a current employee that is not settled at the +final grievance and appeal procedure step and that involves a claim of +discrimination because of an employee’s race, color, age, religion, sex, sexual +orientation, gender identity and expression, genetic characteristics, national +origin, disability, or military or veteran status as it affects the employee’s +training, promotion, advancement, or transfer, but only if the request for a +grievance hearing: +            (i)   is filed in writing with the civil service board secretary +within 10 working days after the date of the employee’s receipt of the letter +of the last disposition of the grievance; +            (ii)   contains the following information: +               (aa)   a brief explanation of the incident causing the +complaint, including the date of occurrence; +               (bb)   a brief statement showing how the incident harmed the +employee; +               (cc)   the type of discrimination alleged; +               (dd)   the remedy sought; +               (ee)   the signature of the employee; and +               (ff)   a certificate showing the date of service to the +secretary; and +            (iii)   has a copy of the original grievance attached to the +request. +         (B)   A grievance that is not settled at the final grievance and +appeal procedure step and that involves an interpretation or application of a +civil service rule, but only if the request for a grievance hearing: +            (i)   is filed in writing with the secretary within 10 working days +after the date of the employee’s receipt of the letter of the last disposition +of the grievance; and +            (ii)   contains the following information: +               (aa)   a brief explanation of the incident causing the +complaint, including the date of occurrence; +               (bb)   a brief statement showing how the incident harmed the +employee; +               (cc)   the provision of the civil service board’s code of rules +and regulations that is in question; +               (dd)   the remedy sought; +               (ee)   the signature of the employee; and +               (ff)   a certificate showing the date of service to the +secretary; and +            (iii)   has a copy of the original grievance attached to the +request. +      (5)   The civil service board does not have jurisdiction to hear: +         (A)   a grievance of an individual whose employment with the city has +terminated, even if the original grievance was filed when the individual was a +city employee; and +         (B)   a grievance on a matter that was not included in the original +grievance filed by an employee. +      (6)   Any four members of the civil service board constitute a quorum for +purposes of conducting any meeting or hearing under this section. All decisions +or actions of the board under this section must be made by a majority of the +board members present at a meeting or hearing. +   (b)   Prehearing deadlines. +      (1)   To the fullest extent possible, within fifteen working days after +the date of service of the request to the secretary of the civil service board, +as shown on the certificate attached to the request under Subsection +34-39(a)(4)(A), +34-39(a)(4)(B), or +34-39(a)(4)(C), the secretary shall do the following: +         (A)   Set a hearing before the civil service board within 60 to 90 +calendar days after receipt of the request by the secretary; however, the +secretary of the civil service board may, with the approval of the civil +service board chair, schedule a hearing outside of 60 to 90 calendar days from +the date of the request. +         (B)   Prepare a “statement of questions,” which must be styled, +“Matter of (name of employee)” and include the following language: +            (i)   If the grievance involves a claim of discrimination, the +statement of questions must read “Did the employee establish, by a +preponderance of the evidence, the existence of discrimination based on the +employee’s (choose appropriate category - race, color, age, religion, sex, +sexual orientation, gender identity and expression, genetic characteristics, +national origin, disability, or military or veteran status) as it affects the +employee’s (choose appropriate category - training, promotion, advancement, or +transfer)?” +            (ii)   If the grievance involves a claim of misinterpretation or +misapplication of a board rule, the statement of questions must specify each +rule alleged to have been violated. +            (iii)   The statement of questions may not include any issue not +included in the original grievance. +         (C)   Transmit to each party notice of the hearing and the statement +of questions. +      (2)   Objections. +         (A)   Within 10 working days after the date of service as shown on the +certificate of service on the statement of questions, the parties shall file +any objections to the statement of questions with the secretary. +         (B)   Within five working days after the date of service as shown on +the certificate of service on the objections, a response may be filed. +         (C)   Objections may be resolved at the hearing immediately before +evidence is accepted. +      (3)   Continuances. +         (A)   At least 15 working days before a hearing or two working days +after a party learns of the facts requiring a continuance, whichever date is +earlier, a motion for continuance of the hearing may be filed. +         (B)   Within five working days after the date of service as shown on +the certificate of service on the motion for continuance, a response may be +filed. +         (C)   Other than in cases in which the parties agree to abate a +hearing to await the final adjudication of underlying criminal charges, the +parties may agree to a continuance, in which case, the hearing will be +continued for up to 60 calendar days. Agreed continuances in excess of 180 days +from the date of the original setting of the hearing must be approved by the +civil service board chair, or his or her designee who shall be a member of the +civil service board. +         (D)   If the parties do not agree to a continuance, the continuance +may be granted by a majority of the board members present at a meeting or +hearing at which the motion for continuance is considered. +      (4)   Exchange of information. At least 10 working days before the +hearing, each party shall: +         (A)   exchange witness lists; +         (B)   exchange exhibits; +         (C)   stipulate to undisputed facts; +         (D)   stipulate to the admissibility of exhibits; and +         (E)   file with the secretary a position statement that must include +a: +            (i)   statement of the party’s position on the issues in the +statement of questions; +            (ii)   designation of undisputed facts; +            (iii)   list of witnesses and the estimated time required for the +direct examination of each witness; and +            (iv)   list of exhibits. +      (5)   Request for subpoenas. At least 30 working days before the hearing, +each party may file with the secretary a request for subpoena of witnesses and +documents, in accordance with the following: +         (A)   The request for subpoena of witnesses and documents must +include: +            (i)   the name and address of each witness to be subpoenaed; +            (ii)   if a witness is a city employee, the name of the employee’s +department; and +            (iii)   if documents are being subpoenaed, the specific +identification of books, papers, documents, or other tangible things sought to +be subpoenaed. +         (B)   The party requesting the subpoena shall notify the subpoenaed +witness of postponements, rescheduling, and appearance times. +         (C)   The board has the power to compel the attendance of witnesses +and the production of testimony and evidence, to administer oaths, and to +punish for contempt in the same manner as provided for municipal judges. +         (D) Either party may object to a subpoena request within seven working +days after receiving notice of the subpoena request. Objections to subpoenas +must be in writing, submitted to the secretary, and copied to the opposing +party, who has three working days after receipt of the objections to respond in +writing to the substantive reasons for the objection. +         (E)   The secretary shall forward the written objections and the +response to the objections, if any, to the civil service board chair for +resolution. If the civil service board chair is unavailable, the objections +must be ruled upon by his or her designee, who shall be a member of the civil +service board. +         (F)   Once the scope of the subpoena is determined by the civil +service board chair, or if no objections are filed, each party shall organize +and number the responsive information (“the released documents”) before turning +it over to the secretary. The released documents must be provided within an +amount of time determined by the civil service board chair or, if no objections +are filed, in an amount of time determined by the secretary. The secretary +shall provide a complete copy of the released documents to both parties of the +hearing, at the expense of the party who issued the subpoena for the documents. +         (G)   The individual picking up the released documents must sign for +the produced information. The requesting party has three working days to +submit, in writing, any objections to the completeness of the released +documents. The producing party has three working days to respond, in writing, +to the substantive reasons for the requesting party’s objections. The secretary +shall maintain one complete copy of the released documents, to allow the civil +service board chair to fully assess and rule on any objections to the +completeness of compliance with the subpoena. +         (H)   The secretary shall forward the objections and any response to +the objections to the civil service board chair for resolution. If the civil +service board chair is unavailable, the objections will be ruled upon by his or +her designee, who shall be a member of the civil service board. +         (I)   Decisions rendered by the civil service board chair (or his or +her designee, if applicable) regarding subpoenas or responsive information are +final and are not subject to further appeal. +         (J)   After all decisions have been rendered by the civil service +board chair regarding the scope of documents to be released pursuant to a +subpoena, the secretary shall provide a complete copy of the released documents +to both parties of the hearing, at the expense of the party who issued the +subpoena for the documents. +      (6)   Challenge of board members. +         (A)   At least 10 working days before the hearing, a motion to +challenge a board member may be filed with the secretary and served upon all +parties. +         (B)   Within five working days after the date of service as shown on +the certificate of service on the motion to challenge a board member, a +response may be filed. +         (C)   A challenge may not be made after the hearing begins, unless the +challenge is based on a board member’s: +             (i)   ineligibility to hear the matter; or +             (ii)   conduct during the hearing. +         (D)   If the challenged member does not voluntarily withdraw, the +board, by a majority vote, not counting the vote of the challenged member, may +remove the member. +      (7)   Service of subpoenas. +         (A)   At least five working days before the hearing, the secretary +shall cause all subpoenas to be personally served. +         (B)   The secretary shall designate a person to deliver the subpoenas +and that person shall sign each subpoena stating that the witness was served. +         (C)   The subpoena of an active city employee may be served through +the director of the employee’s department. +      (8)   Computation of time. +         (A)   In computing any period of time prescribed in this section, the +day of the act or event from which the designated period of time begins to run +is not included. +         (B)   The last day of the time period is included, unless it is a +Saturday, Sunday, or official holiday observed by the city, in which event the +period runs until 5:15 p.m. of the next day that is not a Saturday, Sunday, or +official holiday observed by the city. +         (C)   Except as otherwise specified, time periods will be calculated +based on calendar days. +   (c)   Hearings. +      (1)   Any four members of the board constitute a quorum for a hearing +under this section. The board chair (or, in the chair’s absence, the vice chair +or longest serving board member present) shall preside at any hearing and make +rulings regarding evidence or procedure. Upon motion of any board member, the +board, by majority vote, may overrule or modify any ruling by the chair. +      (2)   The employee has the burden of establishing, by a preponderance of +the evidence, that the city discriminated against the employee or misapplied or +misinterpreted a rule as alleged. +      (3)   If the board, by majority vote, determines, by a preponderance of +the evidence, that the city discriminated against the employee or misapplied or +misinterpreted a rule as alleged, the board shall direct such relief as it +deems just and equitable. +      (4)   The appealing employee: +         (A)   may request the hearing or deliberations, which are usually open +to the public, to be closed; and +         (B)   may not be compensated for time away from the employee’s city +position while attending a hearing, unless so ordered by the board. +      (5)   The board may exclude: +         (A)   redundant, irrelevant, or cumulative evidence; +         (B)   evidence that is not competent or properly authenticated; +         (C)   any exhibit not previously exchanged; and +         (D)   the testimony of a witness not previously identified as a +witness. +      (6)   The secretary shall maintain a record of the hearing and shall, at +the city’s expense, appoint a court reporter to make a record of the hearing. +      (7)   The board shall release city employee witnesses as soon as possible +to return to city business. +      (8)   Placing witnesses under the rule. +         (A)   Upon request by either party, the witnesses on both sides shall +be sworn and removed from the hearing room so they cannot hear the testimony as +delivered by any other witness in the case. +         (B)   Witnesses shall be instructed that they are not to converse with +each other or with any other person about the case, other than the attorneys in +the case. +      (9)   After the parties have rested, the board may request a party to +produce additional evidence as the board deems necessary to decide the issues +before it. +   (d)   Disposition. +      (1)   Dismissal. A grievance or any part of a grievance must be dismissed +for, but not limited to, any of the following reasons: +         (A)   The appealing employee fails to appear in person at the hearing, +unless: +            (i)   good cause for the failure to appear is shown; and +            (ii)   the city would not be unduly prejudiced if the grievance is +not dismissed. +         (B)   The appealing employee fails to introduce sufficient evidence to +prove the alleged discrimination or misapplication or misinterpretation of a +rule. +         (C)   The board cannot grant the relief that the appealing employee +has requested. +         (D)   The board lacks jurisdiction. +      (2)   Board orders. +         (A)   The disposition of a grievance must be reduced to writing by the +secretary and transmitted to the parties within three working days after the +board has announced its ruling. This writing is the order of the board. +         (B)   The order is final unless a motion for rehearing is filed within +10 working days after the date on the written order. +      (3)   Relief. The board may grant the prevailing party relief that is +just and equitable as is consistent with the city charter and other applicable +law. +      (4)   Costs. The board may not authorize payment of attorney’s fees, +expenses, or costs or provide payment of damages beyond payment of salary and +benefits that would have ordinarily been paid to the appealing employee. +   (e)   Post-hearing deadlines. +      (1)   Within 10 working days after the date on the written order, a +motion for rehearing may be filed by either party. +      (2)   A motion for rehearing may be granted by the board only if the +order: +         (A)   exceeds the board’s authority; +         (B)   contains provisions im-permissible under applicable law; +         (C)   is unclear; or +         (D)   incorrectly states the dis-position of the matter. +   (f)   Other matters. +      (1)   If a court of law rules on an issue involved in the grievance, the +board’s order must conform with the court’s ruling or must be vacated in +deference to the court’s ruling, whichever is applicable. +      (2)   The board may order, with the consent of the parties, that any +matters having common issues of fact be consolidated. +      (3)   No party or party representative shall communicate with any board +member regarding the issues involved in the grievance except at the hearing. +      (4)   The board, by majority vote, may seek advice regarding its +jurisdiction or the nature and extent of its authority from the city attorney. +      (5)   A party may be heard through a representative if that +representative is designated: +         (A)   in writing filed with the secretary and served on all parties; +         (B)   on the record at the hearing before evidence is accepted; or +         (C)   through the signature of the representative on any paper filed +with the secretary on behalf of the party. +      (6)   The secretary shall ensure that the board receives any materials +filed by the parties. +      (7)   Any paper served by a party on the secretary must include a +certificate showing service to all other parties. +      (8)   Service upon the city must be accomplished by serving the assistant +city attorney assigned to the hearing. +      (9)   Nothing in this section may be construed to authorize the practice +of law except as permitted by the Supreme Court of Texas. +      (10)   By presenting to the board (whether by signing, submitting, or +later advocating) a request for a hearing, a complaint, a written or oral +motion, or any other document, the party is certifying that it is acting in +good faith. +   (g)   Nothing in this section conveys upon, implies, or intends to imply +that an employee has a property interest in continued employment or a contract +of employment with the city based on any right to grieve or appeal provided by +this section or on the nondiscrimination policy stated in Section +34-35 of this chapter. Nothing in this section or in the nondiscrimination +policy creates any right or remedy under any law or limits any existing right +or remedy provided under any law. (Ord. Nos. 19340; 20988; 22195; 24873; 24930; +25051; 26182; 28024; 29480) +SEC. 34-40.   APPEALS TO THE TRIAL BOARD OR ADMINISTRATIVE LAW JUDGE. +   (a)   General provisions, applicability, and jurisdiction. +      (1)   To the extent that a rule adopted by the civil service board, civil +service trial boards, or administrative law judges and approved by the city +council conflicts with a provision of this chapter, this chapter prevails. +      (2)   In this section: +         (A)   BOARD means the civil service board of the city. +         (B)   TRIAL BOARD means a civil service trial board. +         (C)   SECRETARY means the secretary of the civil service board, who +will also serve as secretary to each trial board and each administrative law +judge. +      (3)   This section does not apply to: +         (A)   a department director, an assistant department director, or +other managerial personnel designated by the city council in accordance with +Section 11, Chapter XVI of the city charter; or +         (B)   a non-civil service employee. +      (4)   A civil service trial board and an administrative law judge have +jurisdiction to hear an appeal by an employee if the appeal: +         (A)   involves a demotion or discharge, unless provided otherwise in +the city charter; +         (B)   is filed in writing with the secretary within 10 working days +after the date of the employee’s receipt of the letter of the last disposition +of the appeal; +         (C)   contains the following information: +            (i)   the type of disciplinary action being appealed and the +effective date of the action; +            (ii)   the specific reason the discipline is unjust or otherwise in +error; +            (iii)   the remedy sought; +            (iv)   the signature of the employee; and +            (v)   a certificate showing the date of service to the secretary; +and +         (D)   has a copy of the disciplinary action attached to the appeal. +      (5)   Designating whether an appeal is heard by a trial board or an +administrative law judge. +         (A)   An employee must specify in the appeal filed with the secretary +whether the appeal will be heard by a trial board or an administrative law +judge. This choice is final. +         (B)   All appeals will be heard by a trial board unless otherwise +specified by the appealing employee. +         (C)   By choosing to have a hearing before an administrative law +judge, the appealing employee agrees to pay one-half of the administrative law +judge’s fee for the hearing, based on a rate established by contract with the +city. Before a hearing will be held before an administrative law judge, the +employee must deposit with the civil service board secretary a cash amount +equal to one-half the estimated fee of the administrative judge as determined +by the secretary based on the estimated length of the hearing. If the deposit +exceeds the actual cost of the hearing, the employee shall be refunded the +difference. If the deposit is insufficient to cover the actual cost of the +hearing, the employee must pay the additional amount. +   (b)   Selection of a trial board or an administrative law judge. +      (1)   For hearings before a trial board, the secretary shall select trial +board members according to a rotation schedule established by the chair of the +civil service board. The trial board must be composed of a civil service board +member and two adjunct members of the civil service board. +      (2)   For hearings before an administrative law judge, the secretary +shall select the administrative law judge according to a rotation schedule +established by the chair of the civil service board. An administrative law +judge who is involved in litigation against the city may not hear an appeal. +      (3)   The secretary shall promptly designate a replacement if a trial +board member or an administrative law judge is unable to serve at a hearing and +shall inform all parties of the replacement. A substitute trial board member or +administrative law judge must be selected in accordance with the rotation +schedule established under Paragraph (2) of this subsection. +      (4)   The civil service board member serving on a trial board shall +preside as the chair at any hearing before the trial board and shall make any +rulings regarding evidence or procedure. The chair’s rulings may be overruled +or modified by a majority vote of the other trial board members hearing the +matter. +      (5)   The administrative law judge shall preside at any hearing before +the administrative law judge and shall make any rulings regarding evidence or +procedure. +   (c)   Prehearing deadlines. +      (1)   To the fullest extent possible, within fifteen working days after +the date of service of the request to the secretary, as shown on the +certificate attached to the request under Subsection (a)(4)(C) of this section, +the secretary shall do the following: +         (A)   Set a hearing before a trial board or an administrative law +judge within 60 to 90 calendar days after receipt of the request by the +secretary; however, the secretary of the civil service board may, with the +approval of the trial board chair or the administrative law judge, schedule a +hearing outside of 60 to 90 calendar days from the date of the request. +         (B)   Prepare a “statement of questions,” which must be styled, +“Matter of (name of employee)” and must specify the rules alleged to have been +violated as stated in the letter of demotion or discharge. +         (C)   Designate the trial board members who will hear the appeal or, +if elected by the employee, the administrative law judge. +         (D)   Transmit to each party notice of the hearing, the statement of +questions, and the names of the trial board members or the name of the +administrative law judge, whichever is applicable. +      (2)   Objections. +         (A)   Within 10 working days after the date of service as shown on the +certificate of service on the statement of questions, the parties shall file +any objections to the statement of questions with the secretary. +         (B)   Within five working days after the date of service as shown on +the certificate of service on the objections, a response may be filed. +         (C)   Objections may be resolved at the hearing immediately before +evidence is accepted. +      (3)   Continuances. +         (A)   At least 15 working days before a hearing or two working days +after a party learns of the facts requiring a continuance, whichever date is +earlier, a motion for continuance of the hearing may be filed. +         (B)   Within five working days after the date of service as shown on +the certificate of service on the motion for continuance, a response may be +filed. +         (C)   Other than in cases in which the parties agree to abate a +hearing to await the final adjudication of underlying criminal charges, the +parties may agree to a continuance, in which case, the hearing will be +continued for up to 60 calendar days. Agreed continuances in excess of 180 days +from the date of the original setting of the hearing must be approved by the +administrative law judge or the trial board chair, or his or her designee, who +shall be a member of the trial board. +         (D)   If the parties do not agree to a continuance: +            (i)   for a hearing before a trial board, the continuance may be +granted by a majority of the trial board members present at a meeting or +hearing at which the motion for continuance is considered; or +            (ii)   for a hearing before an administrative law judge, the +secretary shall request a ruling from the administrative law judge on the +motion for continuance. +      (4)   Exchange of information. At least 10 working days before the +hearing, each party shall: +         (A)   exchange witness lists; +         (B)   exchange exhibits; +         (C)   stipulate to undisputed facts; +         (D)   stipulate to the admissibility of exhibits; and +         (E)   file with the secretary a position statement that must include: +            (i)   a statement of the party’s position on the issues in the +statement of questions; +            (ii)   a designation of undisputed facts; +            (iii)   a list of witnesses and the estimated time required for the +direct examination of each witness; and +            (iv)   a list of exhibits. +      (5)   Request for subpoenas. At least 30 working days before the hearing, +each party may file with the secretary, and copy the opposing party, a request +for subpoena of witnesses and documents, in accordance with the following: +         (A)   The request for subpoena of witnesses and documents must +include: +            (i)   the name and address of each witness to be subpoenaed; +            (ii)   if a witness is a city employee, the name of the employee’s +department; and +            (iii)   if documents are being subpoenaed, the specific +identification of books, papers, documents, or other tangible things sought to +be subpoenaed. +         (B)   The party requesting the subpoena shall notify the subpoenaed +witness of postponements, rescheduling, and appearance times. +         (C)   The trial board or the administrative law judge has the power to +compel the attendance of witnesses and the production of testimony and +evidence, to administer oaths, and to punish for contempt in the same manner as +provided for municipal judges. +         (D)   Either party may object to a subpoena request within seven +working days after receiving notice of the subpoena request. Objections to +subpoenas must be in writing, submitted to the secretary, and copied to the +opposing party, who has three working days after receipt of the objections to +respond in writing to the substantive reasons for the objections to the +requested subpoenas. +         (E)   The secretary shall forward the objections and the response to +the objections, if any, to the administrative law judge or trial board chair +for resolution. If the trial board chair is unavailable, the objections must be +ruled upon by his or her designee, who shall be a member of the trial board. +         (F)   Once the scope of the subpoena is determined by the +administrative law judge or trial board chair, or if no objections are filed, +each party shall organize and number the responsive information (“released +documents”) before turning it over to the secretary. The released documents +must be provided within the amount of time determined by the administrative law +judge or trial board chair or, if no objections are filed, in an amount of time +determined by the secretary. The secretary shall release a complete copy of the +released documents to both parties of the hearing, at the expense of the party +who issued the subpoena for the documents. +         (G)   The individual picking up the released documents must sign for +the produced information. The requesting party has three working days to +submit, in writing, any objections to the completeness of the released +documents. The producing party has three working days to respond, in writing, +to the substantive reasons for the requesting party’s objections. The secretary +shall maintain one complete copy of the released documents, to allow the +administrative law judge or trial board chair to fully assess and rule on any +objections to the completeness of compliance with the subpoena. +         (H)   The secretary shall forward the objections and any response to +the objections to the administrative law judge or trial board chair for +resolution. If the trial board chair is unavailable, the objections shall be +ruled upon by his or her designee, who shall be a member of the trial board. +         (I)   Decisions rendered by the administrative law judge or trial +board chair (or his or her designee, if applicable) regarding subpoenas or +responsive information are final and are not subject to further appeal. +         (J)   After all decisions have been rendered by the administrative law +judge or trial board chair regarding the scope of documents to be released +pursuant to a subpoena, the secretary shall release a complete copy of the +released documents to both parties of the hearing, at the expense of the party +who issued the subpoena for the documents. +      (6)   Challenge of a trial board member or an administrative law judge. +         (A)   At least 10 working days before the hearing, a motion to +challenge a trial board member or an administrative law judge may be filed with +the secretary and served upon all parties. +         (B)   Within five working days after the date of service as shown on +the certificate of service on the motion to challenge a trial board member or +an administrative law judge, a response may be filed. +         (C)   A challenge may not be made after the hearing begins, unless the +challenge is based on: +            (i)   the ineligibility of a trial board member or an +administrative law judge to hear the matter; or +            (ii)   the conduct of a trial board member or an administrative law +judge during the hearing. +         (D)   If a challenged trial board member does not voluntarily +withdraw, the trial board, by a unanimous vote, not counting the vote of the +challenged member, may remove the member. +         (E)   If a challenged administrative law judge does not voluntarily +withdraw, the administrative municipal judge of the municipal court of record +may remove the member. +         (F)   If a challenge results in withdrawal of a trial board member or +an administrative law judge, the hearing may be continued to a date certain. +         (G)   If a challenge results in withdrawal of a trial board member of +an administrative law judge, the secretary shall promptly designate a +replacement and inform all parties of the replacement. +         (H)   A challenge to a substituted trial board member or +administrative law judge must be submitted as soon as possible. +      (7)   Service of subpoenas. +         (A)   At least five working days before the hearing, the secretary +shall cause all subpoenas to be personally served. +         (B)   The secretary shall designate a person to deliver the subpoenas +and that person shall sign each subpoena stating that the witness was served. +         (C)   The subpoena of an active city employee may be served through +the director of the employee’s department. +      (8)   Computation of time. +         (A)   In computing any period of time prescribed in this section, the +day of the act or event from which the designated period of time begins to run +is not included. +         (B)   The last day of the time period is included, unless it is a +Saturday, Sunday, or official holiday observed by the city, in which event the +period runs until 5:15 p.m. of the next day that is not a Saturday, Sunday, or +official holiday observed by the city. +         (C)   Except as otherwise specified, time periods will be calculated +based on calendar days. +   (d)   Hearings. +      (1)   A hearing must be conducted in two phases, as follows: +         (A)   Phase I. +            (i)   In Phase I, the trial board, by majority vote, or the +administrative law judge shall determine, by a preponderance of the evidence, +whether the employee committed any of the alleged rule violations. +            (ii)   If the trial board, by majority vote, or the administrative +law judge determines that the employee committed none of the alleged rule +violations, the trial board or administrative law judge may take whatever +action is just and equitable, and the hearing will be closed. +            (iii)   If the trial board, by majority vote, or the administrative +law judge determines that the employee committed at least one of the alleged +rule violations, the hearing will proceed to Phase II. +         (B)   Phase II. +            (i)   In Phase II, the trial board or the administrative law judge +shall hear evidence concerning the appropriateness of the discipline imposed +for the sustained rule violations. +            (ii)   The trial board, by majority vote, or the administrative law +judge may either sustain, reverse, modify, or amend the disciplinary action as +is determined just and equitable, provided that the disciplinary action must be +sustained if a reasonable person could have taken the same disciplinary action +against the employee. +            (iii)   The trial board or the administrative law judge may +consider only the evidence relating to the violations sustained in Phase I and +the employee’s previous employment record with the city, but may not consider +the employee’s subsequent performance with the city. +      (2)   The appealing employee: +         (A)   may request the hearing or deliberations, which are usually open +to the public, to be closed; and +         (B)   shall not be compensated for time away from the employee’s city +position while attending a hearing, unless so ordered by the trial board or the +administrative law judge. +      (3)   The trial board or the administrative law judge may exclude: +         (A)   redundant, irrelevant, or cumulative evidence; +         (B)   evidence that is not competent or properly authenticated; +         (C)   any exhibit not previously exchanged; and +         (D)   the testimony of a witness not previously identified as a +witness. +      (4)   The secretary shall maintain a record of the hearing and shall, at +the city’s expense, appoint a court reporter to make a record of the hearing. +      (5)   The trial board or the administrative law judge will release city +employee witnesses as soon as possible to return to city business. +      (6)   Placing witnesses under the rule. +         (A)   Upon request by either party, the witnesses on both sides shall +be sworn and removed from the hearing room so they cannot hear the testimony as +delivered by any other witness in the case. +         (B)   Witnesses shall be instructed that they are not to converse with +each other or with any other person about the case, other than the attorneys in +the case. +      (7)   After the parties have rested, the trial board or the +administrative law judge may request a party to produce additional evidence as +the trial board or administrative law judge deems necessary to decide the +issues before them. +   (e)   Disposition. +      (1)   Dismissal. An appeal must be dismissed for, but not limited to, any +of the following reasons: +         (A)   The appealing employee fails to appear in person at the hearing, +unless: +            (i)   good cause for the failure to appear is shown; and +            (ii)   the city is not unduly prejudiced. +         (B)   The trial board or the administrative law judge lacks +jurisdiction. +         (C)   The appealing employee fails to pay the amount owed to the +administrative law judge prior to the beginning of the hearing. +      (2)   Board orders. +         (A)   The disposition of an appeal must be reduced to writing by the +secretary and transmitted to the parties within three working days after the +trial board or the administrative law judge has announced the ruling. This +writing is the order of the trial board or the administrative law judge. +         (B)   The order is final unless a motion for rehearing is filed within +10 working days after the date on the written order. +      (3)   Relief. The trial board or the administrative law judge may grant +the prevailing party relief that is just and equitable as is consistent with +the city charter and other applicable law. +      (4)   Costs. The trial board or the administrative law judge may not +authorize payment of attorney’s fees, expenses, or costs or provide payment of +damages beyond payment of salary and benefits that would have ordinarily been +paid to the appealing employee. +   (f)   Post-hearing deadlines. +      (1)   Motion for rehearing. +         (A)   Within 10 working days after the date on the written order, a +motion for rehearing may be filed by either party. +         (B)   A motion for rehearing may be granted by the trial board or the +administrative law judge only if the order: +            (i)   exceeds the authority of the trial board or the +administrative law judge; +            (ii)   contains provisions impermissible under applicable law; +            (iii)   is unclear; or +            (iv)   incorrectly states the disposition of the matter. +         (C)   A motion for rehearing must be considered by the same trial +board or administrative law judge who heard the appeal, except that if any +trial board member or the administrative law judge is unavailable, the +secretary shall designate a replacement. +      (2)   Appeals to state district court. +         (A)   Either party may appeal the order of the trial board or +administrative law judge to state district court within one year after: +            (i)   the date on the last written order, if no rehearing is +requested; +            (ii)   the date on the written order denying the rehearing, if a +rehearing is requested and denied; or +            (iii)   the date on the written order issued after the rehearing, +if a rehearing is requested and granted. +         (B)   The appeal to the district court must be decided upon review of +the record of the hearing. +         (C)   An appeal by the city must be approved by the city manager and +the city attorney. +         (D)   The appealing party shall, at its expense, furnish to the court +a copy of the complete hearing record presented to the trial board or the +administrative law judge, including a certified copy of the transcript taken by +the court reporter, pleadings, hearing transcripts, exhibits, orders, and all +evidence admitted during the hearing. The appealing party is responsible for +paying the court reporter's fees for preparing the official hearing transcript. +         (E)   If the appealing party fails to provide the district court with +any material required by Paragraph (2)(D) of this subsection, the appeal must +be dismissed. +         (F)   Any appeal to state district court must be initiated by a +citation and service of process pursuant to Texas Rule of Civil Procedure 106. +   (g)   Other matters. +      (1)   Reserved. +      (2)   If a court of law rules on an issue involved in the appeal, the +order of the trial board or administrative law judge must conform with the +court’s ruling or must be vacated in deference to the court’s ruling, whichever +is applicable. +      (3)   The chair of the civil service board may order, with the consent of +the parties, that any matters having common issues of fact be consolidated. +      (4)   No party or party representative shall communicate with any trial +board member or administrative law judge regarding the issues involved in the +appeal except at the hearing. +      (5)   The trial board, by majority vote, or the administrative law judge +may seek advice regarding its jurisdiction or the nature and extent of its +authority from the city attorney. +      (6)   A party may be heard through a representative if that +representative is designated: +         (A)   in writing filed with the secretary and served on all parties; +         (B)   on the record at the hearing before evidence is accepted; or +         (C)   through the signature of the representative on any paper filed +with the secretary on behalf of the party. +      (7)   The secretary shall ensure that the trial board or the +administrative law judge receives any materials filed by the parties. +      (8)   Any paper served by a party on the secretary must include a +certificate showing service to all other parties. +      (9)   Service upon the city must be accomplished by serving the assistant +city attorney assigned to the hearing. +      (10)   Nothing in this section may be construed to authorize the practice +of law except as permitted by the Supreme Court of Texas. +      (11)   By presenting to the trial board or the administrative law judge +(whether by signing, submitting, or later advocating) a request for a hearing, +a complaint, a written or oral motion, or any other document, the party is +certifying that it is acting in good faith. (Ord. Nos. 19340; 20526; 21304; +21674; 22612; 24873; 24930; 26182; 27098; 28024; 29480; 31745) +SEC. 34-41.   RESERVED. +   (Repealed by Ord. 26182) +ARTICLE VII. +WAGE SUPPLEMENTATION. +SEC. 34-42.   RESERVED. +   (Repealed by Ord. 25389) +SEC. 34-43.   WAGE SUPPLEMENTATION PLAN. +   (a)   Administration. The director of risk management is authorized and +directed to develop and distribute necessary administrative directives for the +fair and efficient administration of the injured employees’ wage +supplementation plan. Department directors shall authorize wage supplementation +for their employees in accordance with the administrative directives. +Determinations and decisions made by department directors are final, +conclusive, and binding on all parties. +   (b)   Eligibility. +      (1)   A permanent employee who, as the result of an injury sustained in +the course of employment with the city, is being paid weekly workers’ +compensation payments, or would be paid workers’ compensation payments if the +disability continued for a period of more than seven days, may receive +payments, as injured employee wage supplementation, separate and distinct from +and in addition to the weekly workers’ compensation payments. An injured +employee must complete an “Initiation of Wage Supplementation Form” provided by +the city before being granted partial or full-day injury leave. An injured +employee has 60 days from the receipt of the “Initiation of Wage +Supplementation Form” to make any final election to accept or reject wage +supplementation. +      (2)   To be eligible for wage supplementation payments, an injured +employee who lives within the city’s certified worker’s compensation network +service area must choose a treating physician who is a member of the network. +An injured employee who lives outside the city’s certified worker’s +compensation network service area has the right to treatment by a physician of +the employee’s choice under Section 408.022 of the Workers’ Compensation Act, +as amended, and treatment by a physician outside of the network will not +disqualify that employee from receiving wage supplementation payments. +   (c)   Amount. The employee may receive full wage supplementation for the +first seven days of time lost from the employee’s position. After seven days, +the wage supplementation will be in an amount that is approximately equal to +the difference between any workers’ compensation payments and the employee’s +regular pay. +   (d)   Discontinuation. In no event may wage supplementation to any employee +be continued: +      (1)   after a compromise settlement agreement or an agreed judgment has +been effected; +      (2)   after weekly indemnity workers’ compensation payments have ceased; +      (3)   after 52 weeks of payments for each occurrence of an injury for +which an employee received, or was eligible to receive, wage supplementation +payments on or after October 1, 2003; +      (4)   after an impairment rating has been assessed; or +      (5)   whenever the employee owes the city reimbursement for overpaid wage +supplementation. +   (e)   Medical statement required. Wage supplementation must be supported by +appropriate medical statements from a treating physician, whether partial or +full-day leave is granted. A request for an extension of wage supplementation +beyond four weeks must be accompanied by a current medical narrative or report. +   (f)   Grounds for denial and termination. Wage supplementation benefits may +not be paid to any injured employee who: +      (1)   is assigned a preventable classification for the cause of the +injury; +      (2)   engages in any work, whether for pay or as a volunteer, while off +work due to an injury for which the employee is requesting or receiving wage +supplementation; +      (3)   after being injured, terminates employment or is involuntarily +terminated from employment for any reason; +      (4)   fails or refuses to comply with the instructions or advice of a +treating physician or other physician performing an independent medical +examination for the city regarding treatment of the injured condition; +      (5)   fails to act in a manner that is conductive to or consistent with +being off work convalescing from a job-related injury; +      (6)   refuses to perform limited, partial, or part-time duty when +authorized by a treating physician or other physician performing an independent +medical examination for the city; +      (7)   refuses to accept or perform a different job with the city that, in +the opinion of a treating physician or other physician performing an +independent medical examination for the city, is within the employee’s physical +capacity and for which the employee is qualified or will be trained; +      (8)   refuses to submit to any independent medical examination or +treatment required by the city in accordance with workers’ compensation laws; +      (9)   refuses to return to regular duty after being released for regular +duty by a treating physician or other physician performing an independent +medical examination for the city; +      (10)   is injured as the result of: +         (A)   the breaking of rules, regulations, or laws by the employee; or +         (B)   the gross negligence of the employee. +      (11)   fails to use city or department-mandated safety equipment or +follow city or department-mandated safety procedures when the injury was +sustained; +      (12)   fails to report the injury within 24 hours after its occurrence, +unless the employee can show good cause for the delay; +      (13)   fails to keep the employee’s immediate supervisor and workers’ +compensation representative informed, on a monthly basis and in accordance with +departmental procedure, of medical examinations and treatments and related +dates, future medical treatments, status regarding return to limited and full +duty, and changes in the employee’s ability to work; +      (14)   submits a workers’ compensation claim that is denied; or +      (15)   sustains an injury while participating in any sports activity, +regardless of whether the activity was organized or unorganized or sanctioned +or unsanctioned by the department. +   (g)   Use of vacation and sick leave. An employee who is denied, has +refused, or has exhausted wage supplementation while receiving workers’ +compensation payments may take accrued sick leave or vacation leave, but only +in an amount necessary to make up the difference between workers’ compensation +payments and the employee’s regular rate of pay. +   (h)   Leave without pay. An employee who has used all of the employee’s +accrued sick leave and wage supplementation payments, while still off work and +receiving workers’ compensation payments, may be granted leave of absence +without pay in accordance with Section +34-28 of this chapter. (Ord. Nos. 24873; 24930; 25389; 25630; 28024; 29480) +SEC. 34-44.   RESERVED. +   (Repealed by Ord. 24873) +SEC. 34-45.   BENEFIT POLICY FOR OFF-DUTY SECURITY OR TRAFFIC CONTROL SERVICES. +   (a)   The city will pay to a police officer who is injured while performing +off-duty security or traffic control services for a private individual or +organization, benefits that are equal to the benefits that the city would be +required to pay the officer if the officer had been injured while on duty with +the city if: +      (1)   the injury occurs: +         (A)   while the officer is in the act of enforcing a federal or state +law or a city ordinance; or +         (B)   solely because of the officer’s status as a peace officer; or +         (C)   while the officer is in the act of directing traffic on a public +street or in an area immediately adjacent to a public street where traffic flow +on the public street is affected by the officer’s action; and +      (2)   the officer has followed the procedures required in the general +orders of the police department for obtaining approval for off-duty employment; +and +      (3)   the officer cooperates with the city attorney in proceedings to +recover workers’ compensation benefits from the employer for whom the officer +was working at the time of the injury; and +      (4)   the officer agrees that if workers’ compensation benefits are +received from the off-duty employer, the officer will reimburse the city for +benefits that the city paid under this policy that were intended to be +equivalent to workers’ compensation benefits. +   (b)   If the benefits paid to an officer under this policy that were +intended to be equivalent to workers’ compensation benefits exceed the amount +the officer is awarded as workers’ compensation benefits from the off- duty +employer, the officer is not required to reimburse the city for the excess. +   (c)   The determination of whether an officer is entitled to benefits and +the extent of benefits under this policy will be made by the director of risk +management. (Ord. Nos. 19340; 22026; 24873; 25389; 30216) +CHAPTER 35 +RESERVED +(Repealed by Ord. 26136) +CHAPTER 36 +POLES AND WIRES +ARTICLE I. +IN GENERAL. +Sec. +36-1.   Compliance with chapter. +Sec. +36-2.   Consent of city required to erect poles, wires, etc. +Sec. +36-3.   When alleys to be used rather than streets. +Sec. +36-4.   Removal upon abandonment. +Sec. +36-5.   Specifications for poles. +Sec. +36-6.   Location of poles and other fixtures. +Sec. +36-7.   Crossarms. +Sec. +36-8.   Height of wires. +Sec. +36-9.   Change of location of poles or change of height of wires. +Sec. +36-10.   Rights nontransferable. +Sec. +36-11.   City may prescribe further regulations. +Sec. +36-12.   Initials of owners required on poles. +Sec. +36-13.   Poles to be perpendicular. +Sec. +36-14.   Line of poles to be on one side of street. +Sec. +36-15.   Permission required for electric light or power conductors on fixtures +maintained for other wires. +Sec. +36-16.   Minimum distance of wires from buildings, poles, etc. +Sec. +36-17.   Minimum distance of wire on crossarm from pole. +Sec. +36-18.   Minimum height of wires above roofs. +Sec. +36-19.   Supports of conductors. +Sec. +36-20.   Joints. +Sec. +36-21.   Wires to be stretched and attached to insulators. +Sec. +36-22.   Connections with conductors to be made at right angles. +Sec. +36-23.   Wires crossing other wires. +Sec. +36-24.   Wires along walls. +Sec. +36-25.   Wires entering buildings. +Sec. +36-26.   Guard irons and guard wires. +Sec. +36-27.   Daily testing of circuits. +Sec. +36-28.   Street lights - Minimum height above sidewalk. +Sec. +36-29.   Same - Frames and exposed parts to be insulated. +Sec. +36-30.   Standard of insulation resistance. +Sec. +36-31.   Copper wire standards; submission of samples for tests. +Sec. +36-32.   Safety cutouts for conductors. +Sec. +36-33.   Inspection of work. +Sec. +36-34.   Fire indicators in electric light or power company stations; duty of +company in case of fire. +Sec. +36-35.   Secondary generators and converters. +Sec. +36-36.   Minimum distance of wires from fire alarm wire. +Sec. +36-37.   Minimum distance of poles from fireplugs. +Sec. +36-38.   Linemen and lampmen to wear badges. +Sec. +36-39.   Apparatus with exposed parts. +Sec. +36-40.   Use of poles by another company. +Sec. +36-41.   Penalty for violations. +Sec. +36-42.   Attachment of wires to buildings. +ARTICLE II. +POLES AND WIRES – REPORTS, RECORDS, AND INSPECTIONS. +Sec. +36-43.   Reports required. +Sec. +36-44.   City may order audit of books and records. +Sec. +36-45.   Inspection of poles and wires; notice to remove, replace, or alter. +Sec. +36-46.   Article not a grant of additional privileges. +Sec. +36-47.   Effect of article on other ordinances. +Sec. +36-48.   Rights reserved by the city. +Sec. +36-49.   Rights of certain companies. +ARTICLE I. +IN GENERAL. +SEC. 36-1.   COMPLIANCE WITH CHAPTER. +   No person shall erect or construct a pole, pier, abutment or other necessary +fixture, appurtenance or appliance for electric light or power purposes within +the city for electric light or power purposes or maintain any such pole, pier, +abutment, wire or other such necessary fixture, appurtenance or appliance +within the city, except in accordance with the provisions of this chapter. +(Code 1941, Art. 105-1) +SEC. 36-2.   CONSENT OF CITY REQUIRED TO ERECT POLES, WIRES, ETC. +   No person shall erect or construct any pole, pier, abutment, wire or other +necessary fixture, appurtenance or appliance set out in Section +36-1, for magnetic telegraph or telephone purposes, for electric light or power +purposes or for any other purpose whatever along any of the streets or alleys +of the city without first obtaining the consent of the city council so to do. +(Code 1941, Arts. 104-1, 105-2) +SEC. 36-3.   WHEN ALLEYS TO BE USED RATHER THAN STREETS. +   Whenever, in the judgment of the city council, the use of any public alley +for such purposes is practicable, poles, wires or other necessary fixtures for +telegraph, telephone or electric light purposes shall be placed upon and along +such alley, instead of upon and along the streets next adjoining and parallel +thereto. When such poles or fixtures are set in an alley they shall be located +as near the side lines of the alley as practicable and in such manner as not to +incommode the public or the adjoining property holders. (Code 1941, Art. 104-2) +SEC. 36-4.   REMOVAL UPON ABANDONMENT. +   All persons who have erected or constructed any poles or fixtures in the +city or who may hereafter erect or construct them and who have ceased to use +them for the purposes originally intended or who may hereafter so cease to use +them shall take down and remove such poles, wires and fixtures when notified by +the city manager, upon the order of the city council. It shall be the duty of +such persons to commence removal within five days after notice and to complete +the same without delay. Upon failure to do so, such persons are guilty of an +offense. In addition, the chief of police, upon the order of the city council, +shall proceed to take down and remove such poles, wires and fixtures at the +cost and expense of such persons and the same shall be a charge against them +and may be sued for and recovered by the city in any court of competent +jurisdiction. (Code 1941, Art. 104-10; Ord. 19963) +SEC. 36-5.   SPECIFICATIONS FOR POLES. +   Poles used as provided in this chapter shall be of sound timber, not less +than five inches in diameter at the upper end, straight, shapely and of uniform +size, neatly planed and shaved and thoroughly creosoted. (Code 1941, Art. 104- +3) +SEC. 36-6.   LOCATION OF POLES AND OTHER FIXTURES. +   When poles or other fixtures are erected on the street they shall be placed, +if practicable, on the outer edge of the sidewalk just inside of the curbstone +on a line dividing the lots of property owners, but in no case shall they be +placed so as to interfere with or damage the curbstone, trees or other public +or private property. (Code 1941, Art. 104-3) +SEC. 36-7.   CROSSARMS. +   Crossarms shall be of a uniform length determined by the supervisor of +public utilities, strengthened by braces and painted the same color as the +pole. The crossarms of each company shall bear the same characteristic mark. +(Code 1941, Arts. 104-3, 105-6) +SEC. 36-8.   HEIGHT OF WIRES. +   Wires shall be run at a safe height from the ground. +   The trolley wires of all streetcar systems shall not be lower than 18 feet +from the track at all places other than railroad crossings and at all railroad +crossings such trolley wires shall not be lower than 22 feet. (Code 1941, Arts. +104-3, 104-4) +SEC. 36-9.   CHANGE OF LOCATION OF POLES OR CHANGE OF HEIGHT OF WIRES. +   (a)   The right is hereby reserved to the city council to, at any time, +direct a change in the location of any poles erected in the city for any +purpose and to change the height at which wires shall be run on such poles; +provided, that before any such alteration or change is made, at least five +days’ notice in writing shall be given the person or his agent to be affected +by the proposed change and he shall be allowed a reasonable opportunity to +appear before the city council and be heard upon the merits of the proposed +change. +   (b)   When the city council orders any change or alteration in the location +of poles or fixtures or in the height of wires, it shall be the duty of the +person so ordered to commence the same within five days after notice and +complete the same without delay. Upon failure so to do, such person shall be +guilty of an offense and punished as provided in this code. (Code 1941, Arts. +104-5, 104-7; Ord. 19963) +SEC. 36-10.   RIGHTS NONTRANSFERABLE. +   All rights and franchises granted by this chapter are granted with the +express understanding that the same are not transferable, but are given only to +the persons petitioning for and receiving the grant. All attempted transfers of +the same, without the consent of the city council first had and obtained, shall +be null and void and shall work a forfeiture of all rights originally granted. +(Code 1941, Art. 104-9) +SEC. 36-11.   CITY MAY PRESCRIBE FURTHER REGULATIONS. +   Nothing contained in this chapter shall be so construed as to in any manner +affect the right of the city in the future to prescribe any other mode of +conducting such wires over or under its streets. (Code 1941, Art. 104-11; Ord. +21186) +SEC. 36-12.   INITIALS OF OWNERS REQUIRED ON POLES. +   All poles shall be branded or stamped with the initials of the company +owning them at a point not less than five nor more than seven feet above the +surface of the sidewalk. (Code 1941, Art. 105-3) +SEC. 36-13.   POLES TO BE PERPENDICULAR. +   All poles shall be erected and maintained in a perpendicular position. (Code +1941, Art 105-4) +SEC. 36-14.   LINE OF POLES TO BE ON ONE SIDE OF STREET. +   Each line of poles shall be run on one side of the street only, except when +absolutely necessary to change to the other side, but this may be done only by +the permission of the city council. (Code 1941, Art. 105-5) +SEC. 36-15.   PERMISSION REQUIRED FOR ELECTRIC LIGHT OR POWER CONDUCTORS ON +FIXTURES MAINTAINED FOR OTHER WIRES. +   Electric light or power conductors shall not be placed upon fixtures erected +or maintained for wires used for telegraph, telephone, fire alarm or other +signalling purposes, except by the permission of the city council. (Code 1941, +Art. 105-7) +SEC. 36-16.   MINIMUM DISTANCE OF WIRES FROM BUILDINGS, POLES, ETC. +   No wire shall be stretched within four inches of any pole, building, or +other object without being attached thereto and insulated therefrom. (Code +1941, Art. 105-8) +SEC. 36-17.   MINIMUM DISTANCE OF WIRE ON CROSSARM FROM POLE. +   No electric light or power wire on a crossarm shall be less than one foot +distant from the pole or other central support. (Code 1941, Art. 105-9) +SEC. 36-18.   MINIMUM HEIGHT OF WIRES ABOVE ROOFS. +   Wires over roofs must be at least seven feet above flat roofs at the lowest +point of sag and one foot above the ridge of other roofs. (Code 1941, Art. 105- +10) +SEC. 36-19.   SUPPORTS OF CONDUCTORS. +   All supports of electric conductors shall be constructed of durable material +and shall be capable of sustaining a load or pressure of at least 12 times that +which is normally upon them. (Code 1941, Art. 105-11) +SEC. 36-20.   JOINTS. +   All joints must be so made that a perfectly secure and unvarying connection, +fully equal to the cross section of the wire, will be secured. (Code 1941, Art. +105-12) +SEC. 36-21.   WIRES TO BE STRETCHED AND ATTACHED TO INSULATORS. +   All wires shall be stretched and fastened to glass, porcelain or other +insulator approved by the supervisor of public utilities. (Code 1941, Art. 105- +13) +SEC. 36-22.   CONNECTIONS WITH CONDUCTORS TO BE MADEATRIGHT ANGLES. +   All connections with lines of electric light or power conductors shall, +whenever possible, be made at right angles to the same, and must run +horizontally to the building, except so far as would conflict with Section +36-26, and then to point of entrance. (Code 1941, Art. 105-14) +SEC. 36-23.   WIRES CROSSING OTHER WIRES. +   Whenever it shall become necessary for any electric or power company to +carry its wires across the lines of any fire alarm, telegraph, telephone or +other electric light or power company, it shall be at a distance therefrom of +not less than three feet. (Code 1941, Art. 105-15) +SEC. 36-24.   WIRES ALONG WALLS. +   In running along walls all wires shall be rigidly attached to the same by +nonconducting fastenings and shall not hang from projecting insulators in +loops. All arc light wires shall be placed not less than one foot apart and +incandescent light wires not less than six inches apart. The use of porcelain +knobs or insulators on the outside of buildings is prohibited except in dry +places, when an improved insulator must be used on the walls. (Code 1941, Art. +105-16) +SEC. 36-25.   WIRES ENTERING BUILDINGS. +   All wires must enter buildings through an approved cutout switch and must be +encased in a continuous piece of hard insulating tubing, so inclined as to +oppose the entrance of water. The outer end of such tubing shall be sealed with +some plastic insulating material so as to exclude all moisture. (Code 1941, +Art. 105-17) +SEC. 36-26.   GUARD IRONS AND GUARD WIRES. +   Where angles occur in a line subjecting the supports to increased strain, +guard irons must be placed at the outside ends of the crossarms. Guard wires +must be placed wherever their presence would prevent fire alarm, telegraph, +telephone or other wires from coming into accidental contact with electric +light or power wires. The cost of such guard irons and wires shall be borne by +the person making the last construction. (Code 1941, Art. 105-18) +SEC. 36-27.   DAILY TESTING OF CIRCUITS. +   All circuits shall be tested for grounds at 9:00 a.m., 12:00 noon and 3:00 +p.m. every day. When a ground connection occurs it must be found and remedied +without delay or, failing in this, the current must be discontinued until +insulation is restored. (Code 1941, Art. 105-19) +SEC. 36-28.   STREET LIGHTS - MINIMUM HEIGHT ABOVE SIDEWALK. +   Incandescent street lights must be so placed as to have a clear space of not +less than nine feet between the light and the sidewalk. (Code 1941, Art. 105- +20) +SEC. 36-29.   SAME - FRAMES AND EXPOSED PARTS TO BE INSULATED. +   Incandescent street lights must have the frames and exposed parts carefully +insulated from the circuit. (Code 1941, Art. 105-21) +SEC. 36-30.   STANDARD OF INSULATION RESISTANCE. +   The resistance of the insulation on the circuits must be maintained at a +standard provided by the supervisor of public utilities and every facility for +testing circuits shall be accorded him. (Code 1941, Art. 105-22) +SEC. 36-31.   COPPER WIRE STANDARDS; SUBMISSION OF SAMPLES FORTESTS. +   All copper wire must be at least 95 percent conductory. Samples of wires to +be used or in actual use shall be submitted to the city electrician for tests +of conductivity at any time when required. (Code 1941, Art. 105-23) +SEC. 36-32.   SAFETY CUTOUTS FOR CONDUCTORS. +   Every system of conductors shall be protected by a safety cutout that will +interrupt the passage through the conductors of a current stronger than they +can safely carry. (Code 1941, Art. 105-24) +SEC. 36-33.   INSPECTION OF WORK. +   Immediately after the erection of any wiring or other outdoor construction +for electric light or power or before the concealment or use of any inside +wiring, the person erecting the same shall notify the city electrician that +such work is ready for inspection. No use shall be made of such wiring or its +appurtenances for the purposes aforesaid until approved by the supervisor of +public utilities and a permit therefor is issued by him. No changes in such +system shall be made without a permit therefor from the supervisor of public +utilities. (Code 1941, Art. 105-25) +SEC. 36-34.   FIRE INDICATORS IN ELECTRIC LIGHT OR POWER COMPANY STATIONS; DUTY +OF COMPANY INCASE OF FIRE. +   The fire department of the city shall erect in every station of every +electric light or power company, at the latter’s expense, a suitable gong and +indicator, connecting with the fire lines, by which the location of all fires +shall be indicated. On the occurrence of a fire in any district in which any +company has wires, such company shall forthwith send a man prepared to remove +such wires, under the direction of the fire department. (Code 1941, Art. 105- +26) +SEC. 36-35.   SECONDARY GENERATORS AND CONVERTERS. +   Secondary generators or converters shall not be placed or maintained inside +any building used for any other purpose. (Code 1941, Art. 105-27) +SEC. 36-36.   MINIMUM DISTANCE OF WIRES FROM FIRE ALARM WIRE. +   No electric light or power wire shall be erected or maintained within three +feet of any fire alarm wire. (Code 1941, Art. 105-28) +SEC. 36-37.   MINIMUM DISTANCE OF POLES FROM FIREPLUGS. +   No pole for any wire of any kind shall be erected nearer than five feet to +any fireplug. (Code 1941, Art. 105-28) +SEC. 36-38.   LINEMEN AND LAMPMEN TO WEAR BADGES. +   Every lineman and lampman shall wear a badge in plain sight, indicating his +number and the person by whom he is employed. In case of fire such badge shall +serve as a pass to admit the wearer inside fire lines. (Code 1941, Art. 105-29) +SEC. 36-39.   APPARATUS WITH EXPOSED PARTS. +   No switch, lamp, motor, dynamo or other conductor having exposed uninsulated +parts shall be erected or maintained where any person unacquainted with the +dangers of the same could easily come in contact therewith. (Code 1941, Art. +105-30) +SEC. 36-40.   USE OF POLES BY ANOTHER COMPANY. +   In granting permits to erect poles for purposes of electric light or power +the city reserves the right, if the interests of the city so demand, to +authorize other companies to use the same poles for the same purposes upon the +payment to the owners thereof of a proper compensation which shall be +determined between the parties concerned or by the city council in default of +such agreement. All permits will be subject to this condition, and in accepting +a permit the applicant accordingly binds himself thereto. (Code 1941, Art. 105- +31) +SEC. 36-41.   PENALTY FOR VIOLATIONS. +   Every violation of any of the provisions of this chapter is an offense, and +the person guilty of violating any of the provisions of this chapter shall, +upon conviction, be punished as provided in Section +13-1. Every day’s failure or refusal to comply with any of such provisions +shall constitute a separate offense. In case of wilful and continued violation +of the provisions of this chapter by any person, the city council shall have +the power to revoke and repeal any ordinance under which such person may be +acting, and to revoke and repeal all permits, privileges and franchises granted +to the person. (Code 1941, Art. 105-32; Ord. 19963) +SEC. 36-42.   ATTACHMENT OF WIRES TO BUILDINGS. +   No telephone, telegraph, electric light or other company or any person, +agent or employee of any such companies shall attach or in anywise connect any +wire or wires to, along, across or over any house, store or building of any +description in the city without first obtaining the written consent or +permission of the owner of such house, store or building and also a permit from +the building inspector for such connection or attachment. (Code 1941, Art. 105- +33) +ARTICLE II. +POLES AND WIRES – REPORTS, RECORDS, AND INSPECTIONS. +SEC. 36-43.   REPORTS REQUIRED. +   Every person using or maintaining any telegraph, telephone, electric light, +or other poles in any of the streets, highways, parks, or public places within +the city shall annually, on March 10, file with the city secretary a sworn +report containing a list of all such poles so used, possessed, or maintained by +the person, giving the accurate location of each pole, the number and character +of wires carried on each pole, and the names of the owners of such poles and of +the persons using the poles. Every person owning or using any wire run in +conduits beneath the surface of the streets, highways, alleys, parks, or public +places within the city shall include in the sworn report a statement as to the +number and length of the wires then owned or used by the person and run in such +underground conduits. (Code 1941, Art. 106-1; Ord. 28424) +SEC. 36-44.   CITY MAY ORDER AUDIT OF BOOKS AND RECORDS. +   The city council may have the books and records of the person rendering the +statement required in Section +36-43 examined by a bookkeeper employed by the city to ascertain whether such +statement is accurate, but nothing in this article prevents the city from +ascertaining the facts by any other method. (Code 1941, Art. 106-2; Ord. 28424) +SEC. 36-45.   INSPECTION OF POLES AND WIRES; NOTICE TO REMOVE, REPLACE, OR +ALTER. +   The police chief, fire-rescue chief, and director of transportation, or +their designated representatives, shall each have the power and duty to examine +and inspect from time to time all poles and every wire or cable in the streets, +alleys, highways, or public places within the city when such wire is designed +to carry an electric current. They shall notify each person owning or using +such poles when any pole is unsafe, and notify each person owning or operating +any such wire or cable whenever its attachments, insulation, supports, or +appliances are unsuitable or unsafe, and require that such poles, wires, or +cables must be properly replaced, renewed, altered, or constructed. They shall +require the owner of any pole or wire abandoned for use to remove the pole or +wire. (Code 1941, Art. 106-7; Ord. Nos. 22026; 28424; 30239; 30654) +SEC. 36-46.   ARTICLE NOT A GRANT OF ADDITIONAL PRIVILEGES. +   Nothing in this article grants any privilege or authority for any other term +than already vested in persons now using and occupying the streets, alleys, and +public places of the city. (Code 1941, Art. 106-9; Ord. 28424) +SEC. 36-47.   EFFECT OF ARTICLE ON OTHER ORDINANCES. +   Nothing in this article relieves any person of any condition, restriction, +or requirement imposed by the ordinance in which it has been authorized to +place in the streets, highways, alleys, or public places of the city its +conduits, poles, wires, or other apparatus or imposed by this code or other +ordinances previously enacted by the city. (Code 1941, Art. 106-10; Ord. 28424) +SEC. 36-48.   RIGHTS RESERVED BY THE CITY. +   The city reserves the right to promulgate at any time other restrictions and +regulations as to the erection and maintenance of poles, wires, and other +apparatus used in connection with the transmission of electricity and, from +time to time, to require such poles as it deems proper to be removed and the +wires on the poles to be run in conduits upon such terms as the city deems +proper. (Code 1941, Art. 106-11; Ord. 28424) +SEC. 36-49.   RIGHTS OF CERTAIN COMPANIES. +   None of the obligations, burdens, and restrictions of this chapter may in +any manner interfere with or destroy the rights and privileges secured by +telegraph companies that have accepted the provisions of the Act of Congress of +July 24, 1866. (Code 1941, Art. 106-12; Ord. 28424) +CHAPTER 37 +POLICE +ARTICLE I. +IN GENERAL. +Sec. +37-1.   Composition of police force. +Sec. +37-2.   Duties and powers of policemen. +Sec. +37-3.   Certificate of appointment; oath. +Sec. +37-4.   Assignment of men to beats; reports by chief; other duties of chief. +Sec. +37-5.   Arrest without warrant - Authority. +Sec. +37-6.   Same - When offense committed in officer’s presence. +Sec. +37-7.   Same - Person arrested to be brought before court. +Sec. +37-8.   Impersonation of police; blowing whistles, etc. +Sec. +37-9.   Moral character of policemen; references; bond. +Sec. +37-10.   Courtesy to city officers, etc. +Sec. +37-11.   Grounds for dismissal. +Sec. +37-12.   Restoration to prior rank upon dismissal from certain offices. +Sec. +37-13.   Beating or striking prisoner or other person. +Sec. +37-14.   Badges - Required to be worn. +Sec. +37-15.   Same - Description - Breast badge. +Sec. +37-16.   Same - Same - Cap badge. +Sec. +37-17.   Same - Additional colors and attachments. +Sec. +37-18.   Reserved. +Sec. +37-19.   Same - Loss or destruction; return of badges upon leaving department. +ARTICLE II. +CHIEF OF POLICE. +Sec. +37-20.   Qualifications; appointment; term. +Sec. +37-21.   Member of police department. +Sec. +37-22.   Oath and bond. +Sec. +37-23.   Powers and duties generally. +Sec. +37-24.   May close barrooms, etc. +Sec. +37-25.   Reports of breaches of the peace, etc.; abatement of nuisances. +Sec. +37-26.   Attendance at meetings of city council; summoning members, etc., to +same. +Sec. +37-27.   Deposit of moneys collected. +Sec. +37-28.   Keeper of the city prison. +Sec. +37-29.   Execution of processes; assistance to city attorney. +Sec. +37-30.   Release of prisoners without bond or before payment of fine. +ARTICLE III. +COMMUNITY POLICE OVERSIGHT BOARD. +Sec. +37-31.   Board created; appointment; term; meetings. +Sec. +37-31.1.   Definitions. +Sec. +37-31.2.   Duties. +Sec. +37-31.3.   Community engagement. +Sec. +37-32.   Functions. +Sec. +37-32.1.   Division referrals. +Sec. +37-32.2.   Mediation procedures. +Sec. +37-32.3.   Procedures for external administrative complaint review. +Sec. +37-33.   Procedures for critical incident review. +Sec. +37-34.   Confidentiality. +Sec. +37-35.   Witnesses. +Sec. +37-36.   Technical resource panel. +Sec. +37-37.   Administrative assistance. +Sec. +37-38.   Funding. +Sec. +37-38.1.   Transparency. +Sec. +37-38.2.   Chief of police. +ARTICLE IV. +RESERVED. +Secs. 37-39 thru 37-42.   Reserved. +ARTICLE V. +RESERVED. +Secs. 37-43 thru 37-59.   Reserved. +ARTICLE VI. +RESERVED. +Secs. 37-60 thru 37-73.   Reserved. +ARTICLE VII. +PERSONNEL OF THE POLICE DEPARTMENT. +Sec. +37-74.   Offices created; enumeration; several offices of same grade. +ARTICLE VIII. +POLICE RESERVE BATTALLION. +Sec. +37-75.   Established. +Sec. +37-76.   Under control of chief of police. +Sec. +37-77.   Voluntary; limited in number. +Sec. +37-78.   Training. +Sec. +37-79.   Call to active service by chief of police. +Sec. +37-80.   Authority to carry weapons at the direction of the chief of police. +Sec. +37-81.   Supplementary capacity. +Sec. +37-82.   Uniforms. +Sec. +37-83.   No compensation; medical expenses. +Sec. +37-84.   Status as peace officers. +ARTICLE I. +IN GENERAL. +SEC. 37-1.   COMPOSITION OF POLICE FORCE. +   The police force of the city shall consist of the chief of police and such +number of officers and policemen as the city council may from time to time +authorize by ordinance. (Code 1941, Art. 109-1) +SEC. 37-2.   DUTIES AND POWERS OF POLICEMEN. +   It shall be the duty of the policemen to obey the orders of the city manager +and the chief of police, communicated to them in person or delivered to them in +writing, and to keep a faithful ward and watch in the districts which may be +assigned to them. They shall be further authorized to go into any dwelling +house, store, grocery or other place in which any person may have taken refuge +or be, who has, during the night, in their presence or hearing, committed a +felony or breach of the peace, where any felony or breach of the peace is about +to be committed or any noise, alarm, outcry or disturbance is being made. (Code +1941, Art. 109-2) +SEC. 37-3.   CERTIFICATE OF APPOINTMENT; OATH. +   Upon the appointment of any officer or member of the police force, it shall +be the duty of the city secretary to issue to him a certificate of such +appointment and upon receiving same such person shall, before entering upon the +duties of his office, take and subscribe to the oath of office required by the +constitution of the state, before any officer legally authorized to administer +oaths, which oath shall be endorsed on the certificate of appointment and filed +with the city secretary. (Code 1941, Art. 109-3) +SEC. 37-4.   ASSIGNMENT OF MEN TO BEATS; REPORTS BY CHIEF; OTHER DUTIES OF +CHIEF. +   The chief of police shall assign to each man his round of duty and may order +any of them to render service in any ward wherever and whenever, in his +opinion, the occasion shall require it. He shall report in writing to the city +manager the time actually served by each policeman, the time absent and such +other information as he may deem proper or may from time to time be required by +the city manager. He shall also see that the policemen are equipped with the +proper arms and equipment which any emergency shall require. He shall see that +they perform their duties and he shall report each failure promptly to the city +manager. He shall, as far as practicable, cause all orders of the city manager +to be faithfully executed. (Code 1941, Art. 109-4) +SEC. 37-5.   ARREST WITHOUT WARRANT - AUTHORITY. +   All policemen in the city, in the exercise of their sound discretion, may +arrest, without a warrant therefor, any person found in suspicious places or +any person found under circumstances reasonably tending to show that such +person has been guilty of some felony, breach of the peace, a violation of this +code or some other municipal ordinance or is about to commit some offense +against some state law or against this code or some other municipal ordinance. +(Code 1941, Art. 109-5; Ord. 4290) +SEC. 37-6.   SAME - WHEN OFFENSE COMMITTED IN OFFICER’S PRESENCE. +   It shall be the duty of every policeman to make arrests, without a warrant, +when a state law or city ordinance has been violated in his presence. But in +making such arrest and in conveying the offender to the city jail, he shall use +only such force as is necessary to effect his purpose. (Code 1941, Art. 109-9) +SEC. 37-7.   SAME - PERSON ARRESTED TO BE BROUGHT BEFORE COURT. +   In all cases of the arrest of any person without a warrant, the policeman +making the arrest shall bring such person forthwith before the municipal court, +if in session, and if not in session, the policeman shall commit such person to +the city jail, there to be safely kept in custody until such court shall be in +session, when such person shall be taken forthwith before such court, there to +be tried according to law; provided, that the chief of police or any policeman +may take good and sufficient bail from such offender for his appearance before +the municipal court. (Code 1941, Art. 109-6) +SEC. 37-8.   IMPERSONATION OF POLICE; BLOWING WHISTLES, ETC. +   No person shall falsely represent himself to be a police officer of +policeman, wear any badge used to designate a policeman or make use of or blow +any whistle similar to that used by the city police. (Code 1941, Art. 109-7) +SEC. 37-9.   MORAL CHARACTER OF POLICEMEN; REFERENCES; BOND. +   No person shall be appointed a member of the police force who does not have +a good moral character. When required by the chief of police or the governing +body, an appointee to the police force shall furnish references and may be +required to give bond in the sum of $250. (Code 1941, Art. 109-8) +SEC. 37-10.   COURTESY TO CITY OFFICERS, ETC. +   It shall be the duty of all policemen to treat all city officers, as well as +other persons with whom they come in contact in the discharge of their duties, +in a courteous and respectful manner. (Code 1941, Art. 109-10) +SEC. 37-11.   GROUNDS FOR DISMISSAL. +   Any member of the police force of the city shall be subject to dismissal for +any one of the following grounds: +      (a)   Being found loafing in a saloon or other public house. +      (b)   Being found in a state of intoxication or a single act of +drunkenness. +      (c)   Neglect of duty or misconduct in office. +      (d)   Violation of the lawful orders of the city manager, chief of police +or some other officer having authority to command. (Code 1941, Arts. 109-11, +109-12) +SEC. 37-12.   RESTORATION TO PRIOR RANK UPON DISMISSAL FROM CERTAIN OFFICES. +   If any person acting as inspector of police or deputy chief of police be +selected from the ranks of the police department and after such appointment +shall be dismissed or reduced from such position of inspector or deputy chief +on account of unfitness for discharge of the duties of such positions and not +for any cause justifying entire dismissal from the service, such person shall +be restored to the rank and grade held by him prior to his appointment as +inspector or deputy chief. (Ord. 3551) +SEC. 37-13.   BEATING OR STRIKING PRISONER OR OTHER PERSON. +   No police officer shall beat or strike any prisoner in his custody or any +other person with a gun or club, unless the same be absolutely necessary to +protect himself from serious bodily injury. Any police officer violating the +provisions of this section shall be subject to dismissal. (Code 1941, Art. 109- +13) +SEC. 37-14.   BADGES - REQUIRED TO BE WORN. +   Every member of the police department of the city shall wear the badges +designated for such department. (Code 1941, Art. 109-15; Ord. 5614) +SEC. 37-15.   SAME - DESCRIPTION - BREAST BADGE. +   There is hereby designated a breast badge, to be worn by each member of the +police department, which shall be roughly oblong in shape, three inches long at +its greatest length and two and one-sixteenth inches wide at its greatest +width, or two and one-half inches long at greatest length and one and seven- +eighths inches wide at its greatest width. It shall consist of a five pointed +star set against a field of blue flowed enamel, with two circular ropes in the +blue flowed enamel field. Such star shall have a large printed “D” in the +center and the two horizontal points of the star shall be capped with circles. +Above such star shall be printed the word “Police” in a convex arc. Just below +the left horizontal point of the star shall be printed the word “Dallas” and +below the right horizontal point of the star shall be printed the word “Texas”. +Between the two lower points of the star shall be the number of the badge +wearer, and just below such number at the base of the badge shall be printed +the rank of the policeman in a concave arc. +   All lettering and numerals except the “D” in the center of the star shall be +recessed in black enamel. Blue flowed enamel is to be recessed in 15 separate +places on the badge, such points to be on each side of the coiled ropes between +the points of the star. (Code 1941, Art. 109-15; Ord. Nos. 5614; 11743) +SEC. 37-16.    SAME - SAME - CAP BADGE. +   There is hereby designated a cap badge which shall be worn by all members of +the police department, which shall be roughly oblong in shape and shall be two +and three-quarters inches long at its greatest length and two and one-sixteenth +inches across at its greatest width, or two and three-eighths inches long at +its greatest length and one and three-fourths inches wide at its greatest +width. It shall consist of a five pointed star in the center thereof on a +background of a circular sea with white capped waves. Directly above such star +and centered on the upper point of the star shall be the word “Police” printed +in a convex arc. The crown of such badge shall be a spread eagle. Between the +left horizontal point of the star and the left lower point of the star shall be +printed the word “Dallas” and between the right horizontal point of the star +and the right lower point of the star shall be printed the word “Texas”. +Directly beneath and between the two lower points of the star shall be the +number of the badge wearer. The base of such badge shall consist of a wreath +each side of which flares upward around the center piece of the badge to touch +each wing of the eagle. Across the base of such wreath shall be printed the +rank of the policeman. +   All lettering and numerals on the cap badge shall be recessed in black +enamel. Blue flowed enamel shall be recessed under the wings of the eagle +between each star point and between the badge number and the leaves of the +wreath. In the area between each of the star points the metal is to show +through the blue flowed enamel to designate the white capped waves. (Code 1941, +Art. 109-15; Ord. Nos. 5614; 11743) +SEC. 37-17.   SAME - ADDITIONAL COLORS AND ATTACHMENTS. +   All other details of color and attachments on police badges shall be as +agreed upon by the purchasing agent of the city and the chief of police of the +city. (Code 1941, Art. 109-15; Ord. 5614) +SEC. 37-18.   RESERVED. +   (Repealed by Ord. 21721) +SEC. 37-19.   SAME - LOSS OR DESTRUCTION; RETURN OF BADGES UPON LEAVING +DEPARTMENT. +   Any member of the police department who shall lose or destroy his badges +shall be required to pay the cost of replacing same and whenever any member +shall leave the department he shall immediately deliver his badges to the chief +of police. (Code 1941, Art. 109-15; Ord. 5614) +ARTICLE II. +CHIEF OF POLICE. +SEC. 37-20.   QUALIFICATIONS; APPOINTMENT; TERM. +   There is hereby created the office of chief of police of the city, which +shall be filled by some suitable person who is a qualified voter of the city +and who possesses all the qualifications prescribed by the city charter for a +policeman. Such officer shall be appointed by the city manager in the manner +prescribed by the city charter and shall hold his office for the period of one +year from the date of his appointment and until his successor is appointed and +qualified. The chief of police shall be appointed annually on the fourth +Tuesday in April. (Code 1941, Art. 107-1) +SEC. 37-21.   MEMBER OF POLICE DEPARTMENT. +   The person occupying the office of chief of police shall, by virtue of such +appointment and the exercise of the duties thereof, be and become a member of +the police department and shall be subject to all the ordinances and laws +applicable to policemen, including the statutes in regard to the firemen, +policemen and fire alarm operators’ pension fund. (Code 1941, Art. 107-2) +SEC. 37-22.   OATH AND BOND. +   The chief of police shall, before entering upon the duties of his office, +take the oath of office prescribed by the state constitution and execute and +deliver to the city a good and sufficient bond in the sum of $10,000, payable +to the city, conditioned that he will faithfully and strictly perform all the +duties required of him by the constitution, the laws of the state, the charter, +this code and ordinances of the city, and such further duties as may be +prescribed by the city council. Such bond shall have two or more good and +sufficient sureties thereon. (Code 1941, Art. 107-3) +SEC. 37-23.   POWERS AND DUTIES GENERALLY. +   The chief of police shall be the chief police officer of the city under the +city manager. He shall, either in person or by deputy, attend all meetings of +the city council, and wait upon the municipal court and promptly and faithfully +execute all writs and processes issued out of such court. He shall have like +power with the sheriff of the county to execute search warrants and other +writs. He shall quell riots, disorders, disturbances of the peace and +violations of every kind within the city and shall take into custody all +persons thus offending, and may take good and sufficient bail for the +appearance before the municipal court of any person charged with an offense +which the municipal court has jurisdiction to try. It shall be his duty to +arrest without warrant all violators of the laws and ordinances and all who +obstruct or interfere with him in the discharge of his duties. In the +prevention and suppression of crime and the arrest of offenders, he shall have +the same powers as the sheriff of a county under the laws of the state. He +shall perform such other duties and have such other powers as the city council +may by resolution or ordinance require or confer or as may be prescribed by +state law. (Code 1941, Art. 107-4) +SEC. 37-24.   MAY CLOSE BARROOMS, ETC. +   To prevent a breach of the peace, the chief of police shall have authority +to close any barroom, ballroom, drinking house, theater or any other place or +building of public resort. In the prevention and suppression of crime and the +arrest of offenders, he shall have and execute like power, jurisdiction and +authority as the sheriff of the county under the laws of the state. (Code 1941, +Art. 107-5) +SEC. 37-25.   REPORTS OF BREACHES OF THE PEACE, ETC.; ABATEMENT OF NUISANCES. +   The chief of police shall report to the city manager all breaches of the +peace and other violations of this code and other ordinances which may come to +his knowledge. He shall be diligent in the discovery of violations of this code +and ordinances defining and providing for the abatement of nuisances and for +the protection of streets, alleys, sidewalks, shade trees, etc., and shall +promptly give notice to the author of any nuisance, as defined by law, to abate +the same and shall see that the same is promptly abated or the offender brought +to trial. (Code 1941, Art. 107-6) +SEC. 37-26.   ATTENDANCE AT MEETINGS OF CITY COUNCIL; SUMMONING MEMBERS, ETC., +TO SAME. +   The chief of police shall, in person or by deputy, attend all meetings of +the city council. When requested by the city manager, he shall summon the +councilmen, the city secretary and the city attorney to attend meetings of the +city council. (Code 1941, Art. 107-7) +SEC. 37-27.   DEPOSIT OF MONEYS COLLECTED. +   The chief of police shall promptly deposit to the credit of the appropriate +city fund all moneys collected by him by virtue of any execution and all fines +and costs that may come into his hands. (Code 1941, Art. 107-7; Ord. 29645) +SEC. 37-28.   KEEPER OF THE CITY PRISON. +   The chief of police shall be the keeper of the city prison and shall keep +the same in a clean condition. He shall safely keep all prisoners consigned to +such jail and shall appoint a member of the police force to guard all prisoners +sentenced to hard labor on the streets and public works of the city while at +work. When, by their labor, such prisoners have paid their fines and costs, he +shall discharge them. For the keeping of such persons safely he may use the +city jail. (Code 1941, Art. 107-8) +SEC. 37-29.   EXECUTION OF PROCESSES; ASSISTANCE TO CITY ATTORNEY. +   The chief of police shall execute all processes issued out of the municipal +court, attend all sessions of such court and assist the city attorney, when so +required, in the discovery of testimony in all cases in which the city is +interested. (Code 1941, Art. 107-9) +SEC. 37-30.   RELEASE OF PRISONERS WITHOUT BOND OR BEFORE PAYMENT OF FINE. +   The chief of police shall have no right to release any prisoner before +conviction without bond, nor after conviction until the fine and costs against +him are paid. He shall be subject to dismissal from office if he allows parties +after conviction to go without satisfaction of the judgment against them, as +provided therein, and every dollar of fine and costs that by his negligence or +connivance is lost to the city or to any officer shall be deducted from his +salary. (Code 1941, Art. 107-10) +ARTICLE III. +COMMUNITY POLICE OVERSIGHT BOARD. +SEC. 37-31.   BOARD CREATED; APPOINTMENT; TERM; MEETINGS. +   (a)   There is hereby created the community police oversight board (the +"board") to be composed of 15 members. Each city council member shall appoint +one member to the board. It is the intent of the city council that the +membership of the board be representative of the diversity of the city. +   (b)   The mayor shall appoint the board chair, and the full city council +shall appoint the vice-chair. +   (c)   Each member shall be appointed for a two-year term beginning on +October 1 of each odd-numbered year. Members shall serve until their successors +are appointed and qualified. +   (d)   The following persons shall be disqualified for appointment to and +service on the board: +      (1)   persons who are in violation of Chapter 12A, "Code of Ethics" of +the city code and persons disqualified from appointment pursuant to Section 8- +1.4 of the city code; +      (2)   persons who are currently employed by the department, or have an +immediate family member, as defined in Section 34-4(26) of the Dallas City +Code, who is an employee of the Dallas Police Department; and +      (3)   persons who are employees or business associates of either an +adversary party or a representative of an adversary party, and persons who have +a pecuniary interest, in any pending litigation or claim against the city +relating to the board or the police department or against any individual +officer or employee of the police department (unless unrelated to such +individual's office or employment). +   (e)   Any board member who is disqualified for appointment to and service on +the board under Subsection (d) shall forfeit membership on the board. Upon +determination by the board chair that a board member is so disqualified, the +chair will notify that board member and the city secretary. The city secretary +will then notify the city council that there is a vacancy on the board. A board +member required to forfeit board membership will be entitled to a public +hearing in accordance with Section 17, Chapter XXIV of the city charter. +   (f)   Under no circumstances may the city council or the board chair be +authorized to waive the requirements for appointment to and service on the +board referenced in Subsection (d). +   (g)   Each board member must attend training necessary to execute the +board's duties including training on police procedures. +   (h)   The board must meet at least once each month and at other times at the +call of the chair. +   (i)   The office of community police oversight provides support services to +the board. +   (j)   For purposes of Section 8-1.4(a)(4) of this code, the police +department is deemed a department providing support services to the board. +(Ord. Nos. 19818; 19983; 21153; 21514; 22259; 29645; 31192, eff. 10/1/19) +SEC. 37-31.1.   DEFINITIONS. +   In this article: +      (1)   BOARD means the community police oversight board. +      (2)   CHIEF means the chief of police, as described in Section 37-20, or +the chief's representative. +      (3)   CONFIDENTIAL INFORMATION means any information that may not be +obtained by the public under the Texas Public Information Act. When submitting +information to the board, the police department shall place identifying marks +on any confidential information. +      (4)   CRITICAL INCIDENT means an officer-involved shooting or a use of +force incident that results in serious bodily injury or death. +      (5)   DEPARTMENT means the Dallas police department. +      (6)   DIRECTOR means the director/monitor of the office of community +police oversight or the director/monitor's representative, unless otherwise +stated. +      (7)   DIVISION REFERRAL means an investigation into an external +administrative complaint that is conducted by the supervisor of an officer. +      (8)   EXTERNAL ADMINISTRATIVE COMPLAINT means a written complaint +submitted to either the office of community police oversight, the board, or the +department by a person, who is not a city employee, that alleges a complaint of +police procedures, treatment of residents, abuse, harassment, or violation of +civil rights against a city police officer that results in mediation, a +division referral, or an investigation conducted by the internal affairs +division of the department. +      (9)   INTERNAL AFFAIRS DIVISION means a staff unit of the department. +      (10)   MEDIATION means a voluntary, informal process of communication and +conciliation of minor external administrative complaints of police misconduct, +conducted by an independent, certified mediator. +      (11)   OFFICE means the office of community police oversight. +      (12)   SERIOUS BODILY INJURY means bodily injury that creates a risk of +death or that causes serious permanent or temporary disfigurement or loss or +impairment of the function of any bodily member or organ, including, but not +limited to, a broken long bone, rib, or fracture of the skull; mechanical +injury of the neck and upper airways; multiple severe bruises wherever located; +a sharp or blunt injury requiring sutures or clips; or a wound leading to blood +loss requiring volume replacement. (Ord. 31192, eff. 10/1/19) +SEC. 37-31.2.   DUTIES. +   The board shall perform the following duties to provide residents fair and +thorough oversight of the department: +      (1)   provide an accessible process that ensures fair acceptance and +processing of external administrative complaints; +      (2)   direct the director to initiate an independent administrative +investigation into a complaint by a member of the public investigated by the +internal affairs division, as set forth in Sections 37-32.3 and 37-33; +      (3)   provide a report at least annually to the appropriate council +committee in addition to any reports required under Chapter 8; and +      (4)   engage in community outreach. (Ord. 31192, eff. 10/1/19) +SEC. 37-31.3.   COMMUNITY ENGAGEMENT. +   The board shall conduct community outreach to create awareness about the +board, the office, and the complaint process. The board may also provide +outreach to promote transparency and accountability and to foster community +relationships with the police department. (Ord. 31192, eff. 10/1/19) +SEC. 37-32.   FUNCTIONS. +   (a)   Subject to the procedural requirements set forth in Sections 37-32.3 +and 37-33, the board shall have authority to: +      (1)   Review the facts and evidence pertaining to a critical incident or +external administrative complaint against a city police officer following: +         (A)   completion of all findings and recommendations of the internal +affairs division of the department; +         (B)   the final decision within the department determining what, if +any, disciplinary action will be taken; and +         (C)   if grand jury proceedings are anticipated, the conclusion of all +grand jury proceedings relating to a city police officer's conduct in the +incident or complaint. +      (2)   Accept from members of the public written complaints, on a paper or +online form provided by the director with input by the department, of police +procedures, treatment of members of the public, abuse, harassment, violation of +civil rights, serious injury, or fatality and refer the complaints to the +office and the internal affairs division of the department for investigation. +      (3)   When the board is not satisfied with the findings of the police +department internal affairs division's investigation of a critical incident or +external administrative complaint which is properly before the board, the board +may direct the director to initiate an independent investigation into the +internal affairs division investigation of a critical incident or an external +administrative complaint. +      (4)   Take sworn testimony from witnesses relating to the internal +affairs division investigation of a critical incident or external +administrative complaint pursuant to Section 37-35. +      (5)   Subpoena witnesses in accordance with Section 37-35. +      (6)   Request the city manager to review disciplinary action by the chief +in a case when the board considers it appropriate. +      (7)   Recommend to the chief and the city manager improvements in +department procedures, practices, training, and the early warning system. +   (b)   The board shall act as an advisory board to the chief, the city +manager, and the city council. +   (c)   Notwithstanding any provision of this article to the contrary, the +board shall not: +      (1)   take any action, nor recommend to or request the city council or +any other city authority to take any action, which interferes in any manner +with the appointment, removal, or discipline of any person by the city manager +or any of his subordinates; +      (2)   review the facts and evidence of a complaint nor accept a complaint +from a police officer which pertains to another police officer for which the +city personnel rules or police general orders provide a grievance or appeal +procedure. +      (3)   review the facts and evidence of a complaint nor accept a complaint +from a person concerning a matter which is the subject of pending civil +litigation to which the city or a city employee is a party. (Ord. Nos. 19818; +19983; 21131; 31192, eff. 10/1/19) +SEC. 37-32.1.   DIVISION REFERRALS. +   The department shall take appropriate action on division referrals, provide +the director with confirmation that the matter has been addressed, and provide +the director access to relevant information. (Ord. 31192, eff. 10/1/19) +SEC. 37-32.2.   MEDIATION PROCEDURES. +   (a)   In general. Except as provided in this section, a complainant may +request to mediate an external administrative complaint for minor allegations +of misconduct at any time during the external administrative complaint process. +Mediation does not include negotiation of demands for monetary or equitable +relief. +   (b)   Notice. The director shall inform a complainant that mediation may be +available as an alternative to the review processes upon receiving notice of a +complaint. +   (c)   Eligibility. For an external administrative complaint to be eligible +for mediation, the following requirements must be met: +      (1)   Both the complainant and officer must agree to participate; +      (2)   The officer has not resolved a prior complaint through mediation in +the last six months; +      (3)   The director must determine that mediation is appropriate for the +alleged complaint; +      (4)   The officer must be deemed eligible for mediation by the internal +affairs division or the chief; and +      (5)   There must not be any pending claims, civil litigation, or criminal +investigations involving the alleged incident. +   (d)   Form. The director shall provide an eligible complainant a form to +request mediation. +   (e)   Administration. The director will oversee administration of the +mediation process including: +      (1)   providing a forum for the mediation; and +      (2)   scheduling the mediation within a reasonable time. +   (f)   Procedure. +      (1)    After confirmation that the complaint and the parties are eligible +for mediation the director shall contact the internal affairs division to +advise the city police officer's chain of command of the complaint and the +complainant's decision to pursue mediation. +      (2)   After receiving notification from the city police officer's chain +of command, the officer shall contact the internal affairs division to accept +or decline the opportunity to mediate the complaint. +      (3)   If the officer declines the mediation, the complainant may choose +to pursue the complaint through the external administrative process. +   (g)   Informational requests. The director and the department must comply +with the mediator's requests for information during the mediation process. +   (h)   Final administrative remedy. Mediation constitutes the final +administrative remedy. +   (i)   Confidentiality required. Participants in the mediation process shall +sign a confidentiality agreement that provides: +      (1)   That participation in mediation and any statements made during +mediation are not admissible in court. +      (2)   That documents or information created or retained pursuant to +mediation cannot be subpoenaed. +      (3)   That the mediator and participating staff may not be called as +witnesses regarding incidents discussed during mediation. (Ord. 31192, eff. 10/ +1/19) +SEC. 37-32.3.   PROCEDURES FOR EXTERNAL ADMINISTRATIVE COMPLAINT REVIEW. +   (a)   Internal affairs division investigation. +      (1)   Monitoring. During the pendency of an internal affairs division +investigation into an external administrative complaint, the director may +monitor the investigation including observing witness interviews, submitting +recommendations of interview inquiries, and issuing evidentiary retention +requests. Additionally, the internal affairs division must provide the director +with timely and free access to investigative evidence and relevant police data. +At any time during the internal affairs division investigation, the director +may discuss the investigation with the chief or ask questions regarding the +investigation. +      (2)   Notification. When the internal affairs division notifies a +complainant of its findings, it shall: +         (A)   provide a form to the complainant which can be submitted to the +board or the director if the complainant desires to request review of the +findings; and +         (B)   notify the board and director of those findings and any +recommendations. +      (3)   Director-initiated independent investigations. At the close of the +internal affairs division investigation, if the director disagrees with the +findings of the investigation, the director may initiate an independent +investigation. +         (A)   When the independent investigation is complete, the director +shall present the findings of the investigation to the board. +         (B)   The board shall forward those findings and any recommendations +to the chief. +         (C)   The chief shall provide the board written acknowledgement of +receipt of the recommendations. +         (D)   The chief retains final decision-making authority regarding +disciplinary matters and the disposition of administrative and criminal +investigations. +   (b)   Complainant requests for review process. +      (1)   Within 30 days after notification of the results of the internal +affairs division investigation, a complainant may request a review of the +internal affairs division findings to the office on a form provided by the +office. +      (2)   For requests for review filed by a complainant, the director shall +review the internal affairs division investigation and present those findings +to the board. +      (3)   After the director presents the review of the internal affairs +division investigation to the board, the board may, by majority vote, direct +the director to initiate an independent investigation or may choose to take no +further action. +         (A)   When the independent investigation is complete, the director +shall present the findings of the investigation to the board and make +recommendations to the board for further action, if any. +         (B)   The board shall review the director's findings and make +recommendations as the board deems appropriate. +         (C)   When requested, the director shall forward the results of the +investigation and the recommendations of the board to the chief, the city +manager, or the appropriate city council committee. +         (D)   The chief shall provide the board written acknowledgement of +receipt of the recommendations. +         (E)   The chief retains final decision-making authority regarding +disciplinary matters and the disposition of administrative and criminal +investigations. +      (4)   Complainant request for review to the board constitutes the final +administrative remedy. +   (c)   Postponement. Board review or independent investigation of any +incident, complaint, or request for review, whether received by the board or +director, shall be postponed pending: +      (1)   completion of all findings and recommendations of the internal +affairs division; +      (2)   the final decision within the department regarding disciplinary +action, if any; +      (3)   the conclusion of any claim or civil litigation involving the +incident or complaint; and +      (4)   if grand jury proceedings are anticipated, the conclusion of all +grand jury proceedings relating to a city police officer's conduct in the +incident or complaint. +   (d)    Department monitoring. The department may monitor investigations +conducted by the office subject to the same restrictions and requirements +imposed on the director when monitoring internal affairs division +investigations. (Ord. 31192, eff. 10/1/19) +SEC. 37-33.   PROCEDURES FOR CRITICAL INCIDENT REVIEW. +   (a)   The chief shall provide the board and the director with timely +notification of all critical incidents. The director may participate in +preliminary briefings related to the critical incident. +   (b)   The director may monitor the investigation of all critical incidents. +The purpose of monitoring critical incidents is to ensure that the +investigation is comprehensive, objective, impartial, and consistent with +appropriate investigative protocols. +      (1)   If the director is unavailable, a person approved by the city +manager may serve in this capacity during the director's absence. +      (2)   In this subsection DIRECTOR does not include the director's +representative. +   (c)   Board review or independent investigation of any incident, complaint, +or request for review, whether received by the board or director, shall be +postponed pending: +      (1)   completion of all findings and recommendations of the internal +affairs division; +      (2)   the final decision within the department determining what, if any, +disciplinary action will be taken; +      (3)   the conclusion of any claim or civil litigation involving the +incident or complaint; and +      (4)   if grand jury proceedings are anticipated, the conclusion of all +grand jury proceedings relating to the incident or complaint. +   (d)   The director may monitor the investigation including observing witness +interviews, submitting recommendations of interview inquiries, reviewing +documentary and physical evidence, and accessing relevant police data. The +director may meet with the chief throughout the investigation to ask questions +and discuss any areas of concern identified while monitoring. +   (e)   Before the conclusion of the criminal investigation, the director may +meet with the chief to hear preliminary findings and provide feedback about the +investigatory process. The director may provide the chief with a recommendation +on the outcome of the investigation. +   (f)   The chief shall review all information and determine what actions, if +any, are warranted. +   (g)   Throughout the investigation, per confidentiality requirements, the +director shall not update the board or anyone else on the status of the +investigation. The director may provide a report to the board at the conclusion +of both the criminal and the administrative investigations to attest whether +the criminal investigation was comprehensive, objective, impartial, and +consistent with appropriate investigative protocols. +   (h)   The director shall provide a report to the board, after the internal +affairs division investigation of the critical incident is complete, regarding +department compliance with Subsection (b) above. +   (i)   The board and the director may engage in community outreach as needed +after the occurrence of a critical incident. +   (j)   The chief retains final decision-making authority regarding +disciplinary matters and the disposition of administrative and criminal +investigations. (Ord. Nos. 19818; 19983; 31192, eff. 10/1/19) +SEC. 37-34.   CONFIDENTIALITY. +   (a)   Community police oversight board. The board in reviewing a personnel +matter shall hold closed meetings in compliance with the Texas Open Meetings +Act, acting in a nonjudicial capacity. The confidentiality of any file, record, +or other data received by the board in its review of an incident or a complaint +shall be strictly maintained by every member of the board. +      (1)   Board members commit an offense if they disclose to another person +confidential information obtained in the course of their board duties. +      (2)   It is a defense to prosecution under Paragraph (1) that the +disclosure was made: +         (A)   to another board member or to city staff assigned to the board; +or +         (B)   as compelled testimony in a court proceeding. +      (3)   An offense under this section is punishable by a fine not to exceed +$500. +      (4)   Any board member who discloses confidential information to anyone +other than another board member or city staff member assigned to the board or +as compelled testimony in a court proceeding shall forfeit membership on the +board. Upon determination by the chairman of the board that a board member has +disclosed confidential information, the chairman shall notify that board member +and the city secretary. The city secretary shall then notify the city council +that there is a vacancy on the board. A board member required to forfeit board +membership under this section will be entitled to a public hearing in +accordance with Section 17, Chapter XXIV of the city charter. If requested by +the board member, the city council will immediately schedule a hearing to be +held at the next regularly scheduled city council meeting. The board member may +designate either a public or closed hearing. +   (b)   Office of community police oversight. The confidentiality of any +investigative file, record, or other data received by the director or the +director's staff during the briefing, review, or monitoring of an incident or a +complaint shall be strictly maintained. The director shall not share any +confidential information with the board that is obtained during the monitoring +of a critical incident. Any staff member of the office who discloses +confidential information to another person may be subjected to disciplinary +action, up to and including termination of employment. +      (1)   The director or any member of the office commits an offense if they +disclose to another person confidential information obtained in the course or +performance of his duties. +      (2)   An offense under this section is punishable by a fine not to exceed +$500. +      (3)   It is a defense to prosecution under Paragraph (1) that the +disclosure was made: +         (A)   to the city manager, an assistant city manager, the director or +a staff member of the office, the chief, or employees of the department +authorized to receive the information; +         (B)   as compelled testimony in a court proceeding; or +         (C)   pursuant to a valid request from the district attorney's office. +(Ord. Nos. 19818; 19903; 19983; 31192, eff. 10/1/19) +SEC. 37-35.   WITNESSES. +   (a)   Except as provided in this section, the board shall have authority to +issue subpoenas upon a majority vote of the board. +   (b)   The board may not subpoena a city employee or police officer. +   (c)   The board may request statements from city employees or police +officers through the office. These statements must be provided to the office in +a non-public setting. +   (d)   Before a city employee or police officer is required to make a +statement to the office a Garrity warning must be issued to the employee. The +Garrity protections available to a city employee or police officer during an +administrative investigation apply to testimony or a statement made in +connection with an investigation of the director. +   (e)   Every person appearing before the board to testify concerning an +incident or a complaint being reviewed shall have the right to counsel. All +statements and testimony before the board must be given under oath. Nothing in +this article shall be construed to deprive any individual of rights given under +constitutional, statutory or common law. +   (f)   If a city police officer appears before the board, pursuant to a board +request, the officer shall be entitled to: +      (1)   payment by the city of reasonable fees for private legal counsel of +the city police officer's choice as provided for in Chapter 12A and Chapter +31A; and +      (2)   all rights afforded an individual under constitutional, statutory, +or common law to the full extent as would be afforded to that officer as a +defendant in a criminal proceeding. +   (g)   A city police officer shall not be subjected to departmental or other +administrative disciplinary action: +      (1)   for refusing to appear voluntarily before the board; +      (2)   for refusing to answer any question on constitutional grounds or +otherwise upon recommendation of legal counsel; or +      (3)   based upon the subject matter of that officer's testimony provided +to the board or to any investigator of the board. +(Ord. Nos. 19818; 19903; 19983; 31192, eff. 10/1/19) +SEC. 37-36.   TECHNICAL RESOURCE PANEL. +   (a)   There is hereby created the technical resource panel to be composed of +three members appointed by the city manager. +      (1)   The technical resource panel is not a board or commission subject +to Chapter 8 of this code or Chapter XXIV, Section 13 of the city charter. +      (2)   The director shall assist the city manager in the recruitment of +qualified members. +   (b)   Each member of the technical resource panel shall be an individual +with at least 10 years of law enforcement experience in a recognized local, +county, state, or federal law enforcement agency and, to the extent possible, +appointments to the technical resource panel will be representative of the +ethnic diversity of the city and will include individuals with substantial +patrol officer experience. +   (c)   Active law enforcement professionals employed in Dallas County by the +state, the county, or any local government may not be members of the technical +resource panel. In addition, former city of Dallas police officers may not be +members of the technical resource panel. Members of the technical resource +panel are not required to be residents of the city nor qualified voters in the +city. +   (d)   Members of the technical resource panel shall serve three-year terms, +shall be subject to the same conflict of interest and confidentiality +restrictions as are applicable to members of the board, and shall be subject to +forfeiture of membership on the same basis as members of the board. +   (e)   Members of the technical resource panel shall attend and participate +fully in all meetings and deliberations of the board, and at the board's +discretion, attend and participate in closed sessions, but shall not be +entitled to vote as members of the board. +   (f)   The technical resource panel shall use its expertise and experience in +law enforcement matters and procedures to assist the board to the fullest +extent possible in the review and investigation of all incidents and complaints +coming before the board. +   (g)   The technical resource panel shall not have any oversight +responsibility or oversight authority with respect to the board. +   (h)   Nothing in this section prohibits the director or the board acting +through the director from seeking additional outside technical expertise and +advice as necessary. (Ord. Nos. 19818; 19983; 31192, eff. 10/1/19) +SEC. 37-37.   ADMINISTRATIVE ASSISTANCE. +   The director shall designate staff to receive and log complaints for +referral to the office or the department. The log of complaints must be +centrally located and accessible by the office and the department. Staff shall +monitor external administrative investigations conducted by the internal +affairs division; oversee mediations; independently investigate administrative +investigations upon the conclusion of an internal affairs investigation (case +disposition and discipline); monitor critical incidents investigated by the +department, and further aid the board and the technical resource panel in their +work. Additionally, the director shall assist the board with preparing the +annual report required under Section 8-1.1 and any other reports as necessary. +(Ord. Nos. 19983; 31192, eff. 10/1/19) +SEC. 37-38.   FUNDING. +   No funding for the board, the office, or the technical resource panel, +including expenses of the board, the office, and the committee and of persons +appearing before the board, shall be included in the budget for the department, +all such funding to be provided by the city from separate sources. (Ord. Nos. +19983; 31192, eff. 10/1/19) +SEC. 37-38.1.   TRANSPARENCY. +   The board shall work with the office and the chief to establish metrics for +transparency related to the board's activities and performance, including +providing an annual report and an engagement calendar. (Ord. 31192, eff. 10/1/ +19) +SEC. 37-38.2.   CHIEF OF POLICE. +   (a)   The chief shall provide a report to the board briefly describing all +complaints filed by members of the public with the internal affairs division +when requested to do so by the board. +   (b)   The chief shall promulgate general orders and standard operating +procedures in compliance with this article. The chief has discretion in how and +whether to implement changes recommended by the board. +   (c)   Nothing in this article should be construed as removing or limiting +the chief's authority to issue final disciplinary actions or to oversee the +administration of the department in accordance with the city charter. (Ord. +31192, eff. 10/1/19) +ARTICLE IV. +RESERVED. +SECS. 37-39 THRU 37-42. +(Repealed by Ord. 17226) +ARTICLE V. +RESERVED. +SECS. 37-43 THRU 37-59. +(Repealed by Ord. 14940) +ARTICLE VI. +RESERVED. +SECS. 37-60 THRU 37-73. +(Repealed by Ord. 15519) +ARTICLE VII. +PERSONNEL OF THE POLICE DEPARTMENT. +SEC. 37-74.   OFFICES CREATED; ENUMERATION; SEVERAL OFFICES OF SAME GRADE. +   Editor’s Note - The number of offices of the police department are not set +out in the code but are on file in the office of the city secretary. +ARTICLE VIII. +POLICE RESERVE BATTALION. +SEC. 37-75.   ESTABLISHED. +   There is hereby established the reserve battalion of the city of Dallas +police department which shall be a voluntary force of reserve policemen +hereafter referred to as the “reserve battalion.” (Ord. 14267) +SEC. 37-76.   UNDER CONTROL OF CHIEF OF POLICE. +   The reserve battalion shall function under the general direction and control +of the chief of police, subject to the supervision of the city manager, and +also subject to such rules, regulations, and orders as may be promulgated from +time to time by the chief of police in accordance with the authority vested in +the chief of police by the city charter or ordinances of the city of Dallas. +(Ord. 14267) +SEC. 37-77.   VOLUNTARY; LIMITED IN NUMBER. +   The reserve battalion shall be an auxiliary police force composed of +volunteers who shall serve without pay. The chief of police shall establish the +size, composition, and organization of the reserve battalion, which shall not +exceed in number the total number of regular police officers authorized by +ordinance. (Ord. 14267) +SEC. 37-78.   TRAINING. +   Prior to performing any duties as a reserve police officer, each police +reserve applicant shall receive training from the Dallas police department in +accordance with the requirements of the Texas Commission on Law Enforcement +Officer Standards and Education and shall apply for certification by said +commission as a reserve police officer. The names of reserve police applicants +who have received certification from the Texas Commission on Law Enforcement +Officer Standards and Education shall be submitted to the city council for +approval. (Ord. Nos. 14267; 17393) +SEC. 37-79.   CALL TO ACTIVE SERVICE BY CHIEF OF POLICE. +   Members of the reserve battalion shall serve at the discretion of the chief +of police and may be called into active service at any time the chief of police +considers it necessary to have additional police officers to preserve the peace +and enforce the law. (Ord. 14267) +SEC. 37-80.   AUTHORITY TO CARRY WEAPONS AT THE DIRECTION OF THE CHIEF OF +POLICE. +   A person appointed to serve as a reserve police officer of the reserve +battalion may carry a weapon only at the express direction of the chief of +police. The chief of police may authorize a reserve police officer to carry a +weapon only when discharging official duties as a peace officer, except that +the chief of police may authorize a reserve police officer who is a peace +officer as described in Article 2.12 of the Texas Code of Criminal Procedure, +as amended, to carry a weapon or act as a peace officer at all times, +regardless of whether the person is engaged in the actual discharge of official +duties. (Ord. Nos. 14267; 25564) +SEC. 37-81.   SUPPLEMENTARY CAPACITY. +   Reserve police officers of the reserve battalion shall act only in a +supplementary capacity to the regular police force and shall in no case assume +the full-time duties of regular police officers. (Ord. 14267) +SEC. 37-82.   UNIFORMS. +   The chief of police may provide uniforms and equipment for the reserve +battalion from existing supplies, and may cause to be purchased special items +of identification as necessary, to include shoulder patches, badges, and cap +pieces bearing the words “Dallas Police Reserves”. (Ord. 14267) +SEC. 37-83.   NO COMPENSATION; MEDICAL EXPENSES. +   No reserve police officer appointed pursuant to this article shall be +entitled to compensation for service. A police reserve officer who sustains +injury in the course of performing official duties may receive hospital and +medical assistance in the same manner as provided for fulltime police officers; +provided, however, that nothing in this article shall be construed to authorize +or permit a member of the reserve battalion to become eligible for +participation in any pension fund created pursuant to state statute, to which +regular officers may become a member by payroll deductions or otherwise. (Ord. +14267) +SEC. 37-84.   STATUS AS PEACE OFFICERS. +   Reserve officers of the reserve battalion shall serve as peace officers +during the actual discharge of official duties, subject to all times to the +direction, control, and supervisory authority of the chief of police. (Ord. +14267) +CHAPTER 37A +POLICE AND FIRE WELFARE FUND +Sec. +37A-1.   Definitions. +Sec. +37A-2.   Creation of board. +Sec. +37A-3.   Terms of board. +Sec. +37A-4.   Powers and duties of the board. +Sec. +37A-5.   Qualified beneficiaries. +Sec. +37A-6.   Investigation and payment of grant-in- aid. +Sec. +37A-7.   Establishment of trust fund. +Sec. +37A-8.   Nonvested rights. +Sec. +37A-9.   Nonalienation of benefits. +SEC. 37A-1.   DEFINITIONS. +   In this chapter, unless the context clearly indicates otherwise: +   (1)   BENEFACTOR means a person who donates or gives money, stocks, bonds, +or real or personal property to the fund for the benefit of qualified +beneficiaries. +   (2)   BENEFICIARY means a person designated in Section +37A-5. +   (3)   BOARD means the board of trustees of the city police and fire welfare +fund. +   (4)   DEPENDENT CHILD means an unmarried person who immediately preceding +the death of his parent, received over half of his support in each calendar +year from the parent, who died as a result of an occurrence described in +Section +37A-5(a). +   (5)   DEPENDENT PARENT means the parent of a person who died as a result of +an occurrence described in Section +37A-5(a) and who is: +      (A)   totally and permanently disabled and received over half of his +support in each calendar year from the deceased person; or +      (B)   65 years of age or older. +   (6)   DONATION means a gift or contribution in the form of money, stocks, +bonds, or real or personal property by a benefactor. +   (7)   GRANT-IN-AID means a loan or gift of money to a beneficiary. +   (8)   GUARDIAN means the court-appointed guardian or conservator of a +dependent child or dependent parent. +   (9)   PERSON means an individual, corporation, association or other legal +entity. +   (10)   QUORUM means two members of the board. +   (11)   SPOUSE means the surviving husband or wife of a person who died as a +result of an occurrence described in Section +37A-5(a). (Ord. 16126) +SEC. 37A-2.   CREATION OF BOARD. +   (a)   There is hereby created the police and fire welfare fund and the board +of trustees of the police and fire welfare fund. +   (b)   The board shall be composed of five persons consisting of: +      (1)   one person appointed by the city council who shall be a member of +the city council; +      (2)   the chief of the Dallas police department; +      (3)   the chief of the Dallas fire department; +      (4)   the city manager or his designee; and +      (5)   the city controller. +   (c)   The chief of police shall serve as chairman for a term of two years +from the effective date of this ordinance. The fire chief shall succeed the +chief of police as chairman and shall serve for a term of two years. The chief +of police and the fire chief shall then alternately serve as chairman for terms +of two years, each succeeding the other upon the expiration of their terms. +   (d)   The chairman shall call a meeting at any time there is business of the +board to be conducted. (Ord. 16126) +SEC. 37A-3.   TERMS OF THE BOARD. +   (a)   The board member appointed by the city council shall serve for a term +of two years without remuneration. The appointment shall correspond to the +appointment of other city boards and commissions as provided by the charter and +ordinances of the city of Dallas. +   (b)   The chief of police and the fire chief shall serve as long as they +hold their respective positions. (Ord. 16126) +SEC. 37A-4.   POWERS AND DUTIES OF THE BOARD. +   (a)   The board shall have the power and duty to: +      (1)   administer the welfare fund; +      (2)   adopt rules and regulations not inconsistent with the provisions of +this chapter and the Constitution and laws of this state; +      (3)   receive private funds and donations as the public may desire to +donate, with full authority to invest, re-invest, alter and change the funds of +the welfare fund; +      (4)   disburse funds or its equivalent in kind to the qualified +beneficiaries; +      (5)   appoint as administrator the administrator of the police and fire +pension fund to carry out the business of the board and who shall be the +custodian of the records of the fund and who shall serve without remuneration; +      (6)   make a final determination of the eligibility of a beneficiary for +an award or grant-in-aid from the welfare fund; +      (7)   issue subpoenas for the attendance of witnesses and production of +records, papers, or other objects, administer oaths to witnesses, and examine +witnesses on any matter relating to an award or grant- in-aid from the welfare +fund. +   (b)   No award, grant-in-aid, or expenditure shall be made from the welfare +fund without the approval of the board. +   (c)   The board shall have complete discretionary authority to either grant +or deny an award or grant-in- aid to a potential qualified beneficiary. (Ord. +16126) +SEC. 37A-5.   QUALIFIED BENEFICIARIES. +   (a)   The following persons are hereby designated as qualified beneficiaries +for an award from the welfare fund: +      (1)   a police officer, fire fighter, park department police officer, +city marshal, deputy city marshal, security officer, or public service officer +injured while in the performance of his official duties while employed by the +city of Dallas; +      (2)   the spouse, the dependent child, or dependent parent of any city +employee designated in Subsection (1) above who lost his life while in the +performance of his official duties; +      (3)   a person injured while assisting any city employee designated in +subsection (1) above in an emergency, either voluntarily or when called upon +for assistance, or if the injury results in death, then the spouse, dependent +child, or dependent parent of the person; +      (4)   a reserve police officer or reserve fire fighter injured while +serving in his capacity as a reserve police officer or reserve fire fighter, or +if the injury results in death, then the spouse, dependent child, or dependent +parent of the reserve police officer or reserve fire fighter when the injury +results in death. +   (b)   If a surviving illegitimate child makes a claim as a qualified +beneficiary, the board may only disburse funds or property if the child +establishes his heirship in a court of competent jurisdiction. (Ord. 16126) +SEC. 37A-6.   INVESTIGATION AND PAYMENT OF GRANT-IN-AID. +   (a)   Upon a request for a grant-in-aid, the board shall initiate an +investigation of the application by an appropriate division within the +employee’s department. The investigation shall determine the qualification and +need of the applicant. After completion of the investigation, the department +head shall submit a written report to the board and shall make a recommendation +for approval or denial of the request. +   (b)   The applicant shall cooperate with the investigation and the board. +The failure of the applicant to cooperate or disclose necessary information to +the investigator or the board, or be truthful, shall be grounds for +disqualification or immediate repayment of the grant-in-aid regardless of need +or qualification. +   (c)   The beneficiary shall attempt a repayment of the grant-in-aid. The +terms and schedule of repayment either in whole or in part, shall be determined +by the board depending on the financial circumstances of the beneficiary. The +board shall have the authority to waive repayment, either in whole or in part, +depending on the financial circumstances of the beneficiary. (Ord. 16126) +SEC. 37A-7.   ESTABLISHMENT OF TRUST FUND. +   (a)   The board shall establish a separate general trust fund for deposit of +all donations and the assets of the welfare fund. The trust fund shall be +established as a separate city trust account with the city treasurer. Upon +receipt of general contributions, they shall be deposited to the credit of the +appropriate city fund. +   (b)   In the event the board receives contributions from a benefactor +designating specific qualified beneficiaries, the donations shall be deposited +in the general welfare trust fund. Upon request the city controller will +provide the board an accounting of the police and fire welfare fund. +   (c)   In the event the welfare fund receives donations from private +benefactors in the form of other valuable consideration, such as stocks, bonds, +real or personal property, the ownership of that property shall be held by the +welfare fund in trust for the qualified beneficiaries until title can be +transferred according to the directions of the benefactor. If the benefactor +makes a donation without any specific instructions, the board shall have the +power and authority to hold, transfer, convey, lend, or sell the property in a +manner the board believes is in the best interests of the beneficiaries of the +welfare fund. After approval of the board, the city controller shall have the +authority to effectuate any transaction on behalf of the board. (Ord. Nos. +16126; 29645) +SEC. 37A-8.   NONVESTED RIGHTS. +   Qualified beneficiaries, heirs, and their assigns shall not have any vested +right, title, or interest, future or otherwise, in any donation or gift to the +welfare fund. (Ord. 16126) +SEC. 37A-9.   NONALIENATION OF BENEFITS. +   Donations, gifts, and benefits payable under the welfare fund shall be +exempt from attachment, execution, garnishment, judgments and all other suits +or claims, and shall not be assignable or transferable. (Ord. 16126) +CHAPTER 38 +PRIVATE DETECTIVES +Sec. +38-1.   Definitions. +Sec. +38-2.   License - Required. +Sec. +38-3.   Same - Fingerprinting; minimum age. +Sec. +38-4.   Same - Fee. +Sec. +38-5.   Same - Expiration date. +Sec. +38-6.   Application for license - Information required. +Sec. +38-7.   Same - Investigation. +Sec. +38-8.   Same - Action by city manager; issuance of license. +Sec. +38-9.   Same - Factors to be considered by city manager. +Sec. +38-10.   Same - Appeal to city council. +Sec. +38-11.   Functions, powers and duties of police department. +Sec. +38-12.   Bond - Required. +Sec. +38-13.   Same - Amount; conditions. +Sec. +38-14.   Same - Renewal; failure to renew. +Sec. +38-15.   Applicability of Sections +38-12 to +38-14. +Sec. +38-16.   Posting and surrender of license certificate. +Sec. +38-17.   Effect of chapter. +Sec. +38-18.   Removal of bureau, agency, etc. +Sec. +38-19.   Employees - Number permitted; responsibility of employer. +Sec. +38-20.   Same - Certain persons prohibited from employment. +Sec. +38-21.   Same - “Employee’s statement” required. +Sec. +38-22.   Same - Fingerprinting. +Sec. +38-23.   Same - Revocation of license. +Sec. +38-24.   Divulging of certain information prohibited. +Sec. +38-25.   Certain persons exempted from provisions of chapter. +SEC. 38-1.   DEFINITIONS. +   For the purpose of this chapter, the following words and phrases shall have +the meanings respectively ascribed to them by this section: +   DETECTIVE AGENCY. Any person engaged in the detective business for hire +which employs one or more persons as employees, assistants, clerks, bookkeepers +or operatives in its business; provided, that persons engaged in such business +whose employees, other than office employees, are in full uniform shall not be +classed as a detective agency. +   DETECTIVE BUSINESS. The business of making for hire an investigation for the +purpose of obtaining information with reference to any of the following +matters: +   Crimes against the laws of the land or wrongs done or threatened; the +habits, conduct, movements, associates, transactions, reputation, character or +location of persons; the credibility of witnesses or other persons; the +location or recovery of lost or stolen property; securing evidence to be used +before authorized investigating committees, boards of award or arbitration or +in the trial of civil or criminal cases; the causes, origins or responsibility +for fires, accidents or injury to real or personal property; or strikes and +labor difficulties. +   PRIVATE DETECTIVE. A person engaged in the detective business for hire who +does not employ or use any employees, assistants, clerks, bookkeepers or +operatives. (Ord. 4039) +SEC. 38-2.   LICENSE - REQUIRED. +   No person shall engage in the business of a private detective or conduct a +private detective agency within the city without first having obtained a +license therefor. (Ord. 4039) +SEC. 38-3.   SAME - FINGERPRINTING; MINIMUM AGE. +   No license to engage in the business of a private detective or to conduct a +private detective agency shall be issued until the police department has taken +the fingerprints of the applicant. No license shall be issued where the +applicant is under 23 years of age. (Ord. Nos. 4039; 4311) +SEC. 38-4.   SAME - FEE. +   In order to defray a part of the expense necessary to provide the +surveillance, supervision and inspection of persons as required under the terms +of this chapter, there is hereby fixed a license fee or police tax, which shall +be collected from any person engaged in the private detective business or +conducting a private detective agency of $50 per annum. If any application is +granted during the calendar year, the fee shall be paid pro rata for the +balance of the current year. In no event shall there be any refunds of license +fees or police taxes paid under this chapter. The fee shall be paid to the +assessor and collector of taxes who shall issue a receipt therefor on a form +prepared by him for that purpose. (Ord. Nos. 4039; 4996) +SEC. 38-5.   SAME - EXPIRATION DATE. +   Each license granted and issued under the provisions of this chapter shall +expire at midnight of the 31st day of December next following the date of +issuance of same. (Ord. Nos. 4039; 4311) +SEC. 38-6.   APPLICATION FOR LICENSE - INFORMATION REQUIRED. +   Any person intending to conduct a private detective business in the city +shall, for each such bureau or agency, file with the chief of police a written +application duly signed and verified as follows: +   (a)   If the applicant is a person, the application shall be signed and +verified by such person, and if the applicant is a firm or partnership, the +application shall be signed and verified by each individual composing or +intending to compose such firm or partnership. The application shall state the +full name, age, residence, present and previous occupations of each person so +signing the same, that he is a citizen of the United States and shall also +specify the name of the street and number and the trade name of the business +for which the license is desired and such further facts as may be required by +the chief of police to show the good character, competency and integrity of +each person so signing such application. Each person signing such application +shall, together with such application, submit to the chief of police his +photograph in duplicate in passport size and fingerprints of his two hands +recorded in such manner as may be specified by the chief of police or his +authorized representative. Before approving such application it shall be the +duty of the chief of police or his authorized representative to compare such +fingerprints with those filed with the identification bureau of the police +department. Every such applicant shall establish to the satisfaction of the +city manager and by at least two duly acknowledged certificates that such +applicant, if he be a person or in the case of a firm, company, partnership or +corporation, at least one member of such firm, partnership, company or +corporation has been regularly employed as a detective or shall have been a +member of the United States government investigative service, a sheriff or +member of the city police department of a rank or grade higher than that of +patrolman for a period of not less than three years. +   Such applications shall be approved as to each person or individual so +signing the same by not less than five reputable citizens of this community, +each of whom shall certify that he has personally known the person for a period +of at least five years prior to the filing of such application, that he has +read such application and believes each of the statements made therein to be +true, that such person is honest, of good character, competent and not related +or connected to the person so certifying by blood or marriage. +   Local branches of detective agencies licensed, chartered or organized +outside of the city by authority of a law of their home state where the +provisions are substantially the same as those of this chapter, shall be +exempted from the provisions of this section; provided, however, that the local +manager shall be fingerprinted. +   (b)   If the applicant is a corporation, the application shall be signed and +verified by the president, secretary and treasurer thereof and shall specify +the name of the corporation, the date and place of its incorporation, the +location of its principal place of business and the location of the premises on +which it intends to do business in the city. Each and every requirement of this +section shall apply to the president, secretary and treasurer and each such +officer and his successor shall, prior to entering upon the discharge of his +duties, sign and verify a like statement, proved in like manner as is +prescribed in this section as in case of person or individual member of a firm +or partnership. In the event of the death, resignation or removal of such +officer, due notice of that fact shall forthwith be given in writing to the +chief of police together with a copy of the minutes of any meeting of directors +of such corporation, certified by the secretary indicating the death, +resignation or removal of such officer and the election or designation of the +successor of each deceased, resigned or removed officer. The local manager or +representative of a person whose headquarters is elsewhere than in the city +shall comply with the requirements in part (a) of this section. (Ord. 4039) +SEC. 38-7.   SAME - INVESTIGATION. +   Upon the filing of an application for a license to engage in the business of +a private detective or conduct a private detective agency, properly filled out, +the chief of police shall make or cause to be made such investigation as he may +deem necessary to determine the fitness of the applicant for a license. Then +the chief of police shall within 10 days forward the application with his +recommendations to the city manager. (Ord. Nos. 4039; 4311) +SEC. 38-8.   SAME - ACTION BY CITY MANAGER; ISSUANCE OF LICENSE. +   The city manager shall have authority to grant a license to engage in the +business of a private detective or conduct a private detective agency without +further investigation or to cause further investigation to be made before +granting such license or disapproving the application. Upon the granting of +such license by the city manager, it shall be the duty of the applicant to +present the action of the city manager to the assessor and collector of taxes +of the city and upon the payment of the proper license fee the assessor and +collector of taxes shall accordingly issue the proper license permit on a form +to be prescribed by the assessor and collector of taxes. (Ord. Nos. 4039; 4311) +SEC. 38-9.   SAME - FACTORS TO BE CONSIDERED BY CITY MANAGER. +   In approving or disapproving any license to engage in the business of a +private detective or to conduct a private detective agency, the city manager +shall consider the following factors: +   (a)   Whether the applicant has been convicted of a felony, or on renewal of +license, for the violation of any of the provisions of this chapter, during the +year next preceding the filing of this application. +   (b)   Whether the applicant is of good moral character and his reputation +for being a peaceable law abiding citizen. +   (c)   Whether the applicant is a former member of the police department or +was formerly employed as a special police officer and was released for cause. +   (d)   Such other lawful matters as he considers pertinent and proper in +arriving at a fair and lawful conclusion with respect to such application for a +license. (Ord. Nos. 4039; 4311) +SEC. 38-10.   SAME - APPEAL TO CITY COUNCIL. +   The city manager shall consider all licenses applied for under this chapter +and approve or disapprove the same; provided, that upon refusal of the city +manager to approve such application, the applicant may within 10 days +thereafter appeal to the city council, which shall within 30 days thereafter +accord to such applicant a hearing as to whether or not a license to engage in +the business of a private detective or to conduct a private detective agency +shall be granted. (Ord. Nos. 4039; 4311) +SEC. 38-11.   FUNCTIONS, POWERS AND DUTIES OF POLICE DEPARTMENT. +   With regard to all applicants for a license to engage in the business of a +private detective or to conduct a private detective agency, the police +department shall have the following functions, powers and duties: +   (a)   To investigate qualifications for fitness of all applicants. +   (b)   To investigate and aid in the prosecution of all violations of this +chapter and cooperate in the prosecution of offenders before any court having +jurisdiction to hear the same. +   (c)   To fingerprint all applicants. (Ord. Nos. 4039; 4311) +SEC. 38-12.   BOND - REQUIRED. +   Before any license to engage in the business of a private detective or to +conduct a private detective agency shall be issued as provided in this chapter, +the applicant shall furnish to the city a good and sufficient surety bond or +insurance policy, the same to be approved by the city manager. A bond shall be +signed by some good solvent bonding company authorized to do business in this +state and an insurance policy shall be executed by some good solvent insurance +company authorized to do business in this state. (Ord. Nos. 4039; 4311) +SEC. 38-13.   SAME - AMOUNT; CONDITIONS. +   The surety bond or insurance policy required by Section +38-12 shall be in the sum of $10,000 and shall be conditioned that the obligor +therein will pay to the extent of the face amount of such surety bond or +insurance policy all judgments which may be recovered against such detective or +detective agency by reason of the wrongful or illegal acts of its servants, +officers, agents or employees committed by them in the course of their +employment. Such surety bond or insurance policy shall further be conditioned +that such person so injured shall have the right to sue directly upon the +surety bond or insurance policy in his own name, and the same shall be subject +to successive suits for recovery until a complete exhaustion of the face amount +thereof. (Ord. Nos. 4039; 4311) +SEC. 38-14.   SAME - RENEWAL; FAILURE TO RENEW. +   The surety bond or insurance policy required by Section +38-12 shall be in effect for the period of time covered by the license for +which such bond or policy is given and shall expire at the expiration of the +license for which such bond or policy was given. Each such detective or +detective agency shall, on or before the date of the expiration of the terms of +any surety bond or insurance policy so filed by such agency, file a renewal +thereof or a new surety bond or insurance policy containing the same terms or +obligations of the preceding surety bond or policy and shall each year +thereafter or before the expiration date of the existing surety bond or +insurance policy file such renewal surety bond or insurance policy so as to +provide continuous security to persons so injured. In the event any such +detective or detective agency fails to execute any surety bond or insurance +policy in the first instance or to execute any renewal surety bond or insurance +policy or to file the same with the city manager as provided in this article, +it shall constitute grounds for revoking the license issued under the +provisions of this chapter. (Ord. Nos. 4039; 4311) +SEC. 38-15.   APPLICABILITY OF SECTIONS 8-12 to 38-14. +   The provisions of Sections +38-12 to +38-14 shall not apply to a foreign corporation having a permit to do business +in this state. (Ord. 4039) +SEC. 38-16.   POSTING AND SURRENDER OF LICENSE CERTIFICATE. +   Immediately upon the receipt of the license certificate issued by the city, +the licensee named therein shall cause such license certificate to be posted up +and at all times displayed in a conspicuous place in the bureau, agency, +subagency, office or branch office for which it is issued so that all persons +visiting such place may readily see the same. Such license certificate shall at +all reasonable times be subject to inspection by the chief of police or an +authorized representative of the police department. No person holding such +license certificate shall post such certificate or permit such certificate to +be posted upon premises other than those described therein or to which it has +been transferred pursuant to the provisions of this article or knowingly alter, +deface or destroy any such license certificate. Every license certificate shall +be surrendered to the chief of police within 72 hours after its terms shall +have expired or after notice in writing to the holder that such license has +been revoked. Failure to comply with any provisions of this section is a +misdemeanor and sufficient cause for the revocation of a license. (Ord. 4039) +SEC. 38-17.   EFFECT OF CHAPTER. +   Nothing in this chapter shall be construed to authorize the agents, +servants, officers or employees of licensee to have the power of peace officers +in this city unless such power be conferred thereon under the provisions of the +laws of this state, this code or other ordinances of this city. (Ord. Nos. +4039; 4311) +SEC. 38-18.   REMOVAL OF BUREAU, AGENCY, ETC. +   If the holder of an unexpired license certificate issued pursuant to this +chapter shall remove the bureau, agency, subagency, office or branch office to +a place other than that described in the license certificate, he shall within +the 24 hours immediately following such removal give written notice of such +removal to the chief of police, which notice shall describe the premises to +which such removal is made and the date on which it was made, and send such +license certificate to the chief of police, who shall cause to be written or +stamped across the face of such certificate a statement signed by the city +manager to the effect that the holder of such license has, on the date stated +in such written notice, removed such bureau, agency, subagency, office or +branch office from the place originally described in such written notice. Such +license certificate with the endorsement thereon shall then be returned to the +licensee named therein. (Ord. 4039) +SEC. 38-19.   EMPLOYEES - NUMBER PERMITTED; RESPONSIBILITY OF EMPLOYER. +   The holder of any license certificate issued pursuant to this chapter may +employ to assist him in his work as a private detective and in the conduct of +such business as many persons as he may deem necessary. The licensee shall at +all times during such employment be legally responsible for the good conduct in +the business of each and every person so employed. (Ord. 4039) +SEC. 38-20.   SAME - CERTAIN PERSONS PROHIBITED FROM EMPLOYMENT. +   No holder of any unexpired license certificate issued pursuant to this +chapter shall knowingly employ in connection with his business in any capacity +whatsoever any person who has been convicted of a felony, who has been +discharged from a law enforcement agency for cause, whose private detective +license was revoked or application for such license denied by the authorities +of this city or any other city or state or who has been found guilty of +illegally using, carrying or possessing a pistol or other dangerous weapon, +buying or receiving stolen property or any offense indicating moral turpitude. +Should the holder of an unexpired license certificate falsely state or +represent that a person is or has been in his employ, such false statement or +misrepresentation shall be sufficient cause for the revocation of such license. +Any person falsely stating or representing that he is or has been a detective +or employed by a detective agency, shall be guilty of a misdemeanor. (Ord. +4039) +SEC. 38-21.   SAME - “EMPLOYEE’S STATEMENT” REQUIRED. +   No person shall hereafter be employed by any holder of a license certificate +issued pursuant to this chapter until he shall have executed and furnished to +such license holder a verified statement, to be known as an “employee’s +statement,” setting forth: +   (a)   The employee’s full name, age and residence address. +   (b)   His place of birth and the county of which he is a citizen. +   (c)   The business or occupation engaged in for five years immediately +preceding the date of the filing of the statement, setting forth the place +where such business or occupation was engaged in and the name of employers, if +any. +   (d)   That he has not been convicted of a felony or any offense involving +moral turpitude or any of the offenses described in Section +38-20. +   (e)   Such further information as the city manager or chief of police may by +rule require to show the good character, competency and integrity of the person +executing the statement. (Ord. 4039) +SEC. 38-22.   SAME - FINGERPRINTING. +   Immediately upon the verification of an employee’s statement, the holder of +the license certificate issued pursuant to this chapter by whom such person has +been or is to be employed shall cause two sets of fingerprints of the two hands +of such person to be recorded in such manner as the chief of police may by rule +prescribe. The holder of the license certificate shall immediately stamp in +indelible ink the employee’s statement and each set of fingerprints with the +name, year and license certificate number of such holder and a number which +number shall be determined by the number of such statements furnished to such +holder and shall be in numerical sequence. +   The holder of a license certificate shall affix one set of such fingerprints +to the employee’s statement in such manner that the prints can be examined +without disclosing the contents of the employee’s statement, and shall retain +such statement and prints so long as he shall be licensed under this chapter by +the city. The holder of a license certificate shall file the other set of +fingerprints with the chief of police within 24 hours of such employment. +Within five days after the filing of such fingerprints the chief of police +shall cause such fingerprints to be compared with fingerprints filed with the +identification bureau of the city and if any record of such prints are found he +shall notify the holder of such license certificate. The chief of police may +also from time to time cause such fingerprints to be checked with the state +department of public safety or other official fingerprint files within or +without this state, and if he finds such person has been convicted of a felony +or other offense he shall immediately notify the holder of such license +certificate. The chief of police or his authorized representative shall at all +times be given access to and may from time to time examine the fingerprints +retained by the holder of the license certificate provided in this article. No +holder of a certificate shall file with the police department the fingerprints +of a person other than the person so employed. (Ord. 4039) +SEC. 38-23.   SAME - REVOCATION OF LICENSE. +   (a)   The city council shall have the right and authority to revoke and +cancel any license issued under the provisions of this chapter for cause upon a +hearing duly had after five days’ notice to the licensee. In addition to the +general authority contained in this code for the revocation of licenses, any +license issued under the provisions of this article may be revoked by the city +council for any of the following reasons: +      (1)   If such licensee has knowingly violated any of the provisions of +this chapter. +      (2)   If any employee or operative of such licensee shall have knowingly +violated any of the provisions of this chapter with permission and instructions +from such licensee to do so. +      (3)   If such licensee has knowingly made a false report to his client or +other person entitled to receive such information in respect to any of the +matters in which licensee may be employed. +      (4)   If such licensee has knowingly and wrongfully divulged any +confidential information which he may have acquired from or for his client to +any person other than his client or other person authorized to receive such +information and if such licensee has knowingly permitted or instructed any +employee wrongfully to divulge any confidential information acquired from or +for his client, in the event such employee or operative shall actually make +such false report or wrongfully divulge such confidential information. +      (5)   If such licensee has knowingly and wilfully sworn falsely in any +judicial proceeding or suborned purjury therein, upon conviction of such +licensee of such offense. +      (6)   If such licensee, during the period of his employment by the +client, shall accept money or gratuities from any person whose affairs he may +have been employed by such client to investigate. +   (b)   In the event any member of a firm or any officer or authorized local +agent of a corporation holding a license issued pursuant to this chapter has +done any of the things set forth in the foregoing provisions of this section, +then the city council may revoke the license of such partnership, firm, +company, or corporation. (Ord. 4039) +SEC. 38-24.   DIVULGING OF CERTAIN INFORMATION PROHIBITED. +   Any person who is or has been an employee or holder of a license shall not +divulge to anyone other than his employer or as his employer may direct, except +as he may be required by law, any information acquired by him during such +employment in respect to any of the work to which he shall have been assigned +by such employer. Any such employee violating the provisions of this section +and any such employee who shall wilfully make a false report to his employer in +respect to any such work shall be guilty of a misdemeanor. The employer of any +employee believed to have violated this section shall, without any liability +whatsoever upon such employer, supply the chief of police or such person as the +chief of police may designate all the known facts and circumstances in +connection with such employee’s transactions, performance or action believed to +be in violation of this article and the chief of police or his authorized +representative shall, should the facts and circumstances be deemed to warrant, +conduct further investigation and submit the evidence thus acquired in the +support of charges filed against such employee. (Ord. 4039) +SEC. 38-25.   CERTAIN PERSONS EXEMPTED FROM PROVISIONS OF CHAPTER. +   Nothing in this chapter shall apply to the following persons: +   (a)   Any officer belonging to the police force of the United States, this +state or any county, city, town or other municipal corporation appointed or +selected by due authority of law insofar as their activities are concerned. +   (b)   Any private special police officer, private guard or private patrol as +provided for elsewhere in this code. +   (c)   Any person engaged exclusively in the insurance business. +   (d)   Any attorney or counselor at law in the legal practice of their +profession, but such exemption shall not inure to the benefit of any employee +or representative of such attorney or counselor at law who is not employed +solely, exclusively and regularly by such attorney or counselor at law. +   (e)   Any person or any bureau or agency whose business is exclusively the +furnishing of information as to the business and financial standing and credit +responsibility of persons or as to personal habits and financial responsibility +of applicants for insurance, indemnity bonds or commercial credit or of +claimants under insurance policies. (Ord. 4039) +CHAPTER 38A +PROMOTERS +Sec. +38A-1.   Purpose. +Sec. +38A-2.   Definitions. +Sec. +38A-3.   Commercial promoter registration. +Sec. +38A-4.   Commercial promoter registration fee. +Sec. +38A-5.   Safety plan required. +Sec. +38A-6.   Safety plan requirements. +Sec. +38A-7.   Suspension. +Sec. +38A-8.   Emergency response cost recovery. +Sec. +38A-9.   Offenses. +Sec. +38A-10.   Penalty. +SEC. 38A-1.   PURPOSE. +   The purpose of this chapter is to ensure promoted events are operated in a +way that safeguards the residents, visitors, and employees attending promoted +events. (Ord. 32239) +SEC. 38A-2.   DEFINITIONS. +   In this chapter: +      (1)   COMMERCIAL PROMOTER means a person engaged in the business of +commercial promotion, publicizing, planning, or production of a promoted event +who receives all or a percentage of revenues from the sale of alcohol, food, +beverages, fees charged to vendors, or fees charged to the public for +admission. +      (2)   COMMERCIAL PROMOTION includes publicizing, planning, or producing +by any means a promoted event by a commercial promoter. +      (3)   DIRECTOR means the director of the Office of Special Events or the +director's designated representative. +      (4)   OWNER means any part owner, joint owner, tenant in common, tenant +in partnership, joint tenant, or tenant by the entirety, of the whole or of a +part of such building or land. +      (5)   PERSON means an individual, corporation, firm, government or +governmental subdivision, partnership, joint venture, limited liability +company, or other business entity. +      (6)   PROMOTED EVENT means an indoor commercial event open to the public, +or outdoor commercial event with an expected occupancy over 100 that is open to +the public. +         (A)   Promoted events include, but are not limited to: +            (i)   music or dance shows that may include a disc jockey where +fees may be charged to vendors or members of the public for participation or +admission; or +            (ii)   concerts, outdoor activities, and theatrical and other +performances where fees are charged to vendors or members of the public for +participation or admission. +         (B)   A promoted event does not include: +            (i)   an event that requires a special event permit or has been +issued a special event permit under +Chapter 42A; +            (ii)    an event that occurs on city-owned property or at a city- +owned facility with city permission; +         (C)    an event that occurs at a location with a valid specific use +permit and a certificate of occupancy for a use that allows the event; or +         (D)   an event that is hosted by and produced for the benefit of a +registered 501(c)(3) organization under 26 C.F.R. § 1.501(c)(3). +      (7)   PROPERTY means real property and personal property. +      (8)   VENUE OPERATOR means the person with control over a location and +property where the action or event occurs. Venue operators may include +commercial promoters, business owners, or business operators. (Ord. 32239) +SEC. 38A-3.   COMMERCIAL PROMOTER REGISTRATION. +   (a)   A person engaging in commercial promotion shall register with the city +as a commercial promoter. Commercial promoter registration must be submitted on +a form provided by the director for that purpose. +   (b)   A complete commercial promoter registration application must contain +the following information: +      (1)   The legal name, street address, mailing address, electronic mailing +address, and telephone number of the registrant. +      (2)   Any aliases the registrant intends to use in connection with any +commercial promotion. +      (3)   The names, street addresses, mailing addresses, electronic mailing +addresses, and telephone numbers of all partnerships, corporations, or other +business entities (including DBAs) associated with the registrant that will +appear on any marketing materials advertising, promoting, or producing a +promoted event. +      (4)   The name, street address, mailing address, electronic mailing +address, and telephone number of a person or persons who can be contacted 24 +hours a day, seven days a week, in the event of an emergency condition +involving a promoted event connected to the registrant. +      (5)   The name, street address, mailing address, electronic mailing +address, and telephone number of the registered agent for the registrant, if +any. +      (6)   Tax identification number. +      (7)   Such additional information as the registrant desires to include or +that the director deems necessary to aid in the determination of whether the +requested registration should be granted. +   (c)   A registrant shall notify the director within 30 days after any change +in the information contained in the commercial promoter registration. +   (d)   A commercial promoter registration expires two years from the date of +registration. Registrants may renew his or her registration for the next two- +year period before the expiration of the current period, but not before 30 days +prior to expiration. (Ord. 32239) +SEC. 38A-4.   COMMERCIAL PROMOTER REGISTRATION FEE. +   A fee of $175.00 must be paid to the Office of Special Events at the time of +commercial promoter registration or renewal. The registration fee must be paid +before an application is deemed complete. (Ord. 32239) +SEC. 38A-5.   SAFETY PLAN REQUIRED. +   (a)   In general. Promoted events must comply with the general safety plan +or the event-specific safety plan on file with the director. The venue operator +and the commercial promoter are responsible for operating a promoted event in +compliance with a filed safety plan. +   (b)   General safety plan. +      (1)   A venue operator may file a general safety plan with the director +that complies with Section +38A-6. A general safety plan may only serve as the safety plan for promoted +events at the venue specified in the plan and for the type of promoted event +specified in the plan. +      (2)   A general safety plan must be signed by the venue operator. +      (3)   A complete general safety plan must be submitted to the director at +least 14 days before the first promoted event at the venue location using a +general safety plan. +   (c)   Event-specific safety plan. +      (1)   If a venue does not have a general safety plan on file with the +director, or if a promoted event deviates in any way from the general safety +plan on file, the venue operator or commercial promoter must file an event- +specific safety plan with the director that complies with Section +38A-6. An event-specific safety plan may only serve as the safety plan for the +promoted event specified by date, time, and location in the plan. +      (2)   An event-specific safety plan must be signed by the venue operator +and the commercial promoter. +      (3)   A complete event-specific safety plan must be submitted to the +director at least five business days prior to the promoted event. +   (d)   Availability. The safety plan must be kept on-site during the duration +of each promoted event and be made immediately available upon request by a +representative of the city. (Ord. 32239) +SEC. 38A-6.   SAFETY PLAN REQUIREMENTS. +   A safety plan must include the following: +      (1)   The legal name, street address, mailing address, electronic mailing +address, and telephone number of the property owner, venue operator, and any +commercial promoters operating at the venue. +      (2)   The registration number for each commercial promoter operating at +the venue. +      (3)   Street address of the promoted event. +      (4)   Date(s) of the promoted event (for event-specific safety plans). +      (5)   The promoted event beginning and ending times (for event-specific +safety plans). +      (6)   A description of the promoted event, including activities, +programming, entertainment, and all vendors. +      (7)   Maximum occupancy of indoor or outdoor spaces pursuant to the +Chapter 16, "Dallas Fire Code," or +Chapter 52, "Administrative Procedures for the Construction Codes of the Dallas +City Code." +      (8)   Maximum total number of tickets to be sold. +      (9)   Expected total attendance and maximum expected attendance at any +given time. +      (10)   Parking, including service vehicle loading/unloading and any valet +services used. +      (11)   A description of any infrastructure built in connection with the +promoted event such as stages and booths including the names and contact +information for all contractors and other responsible parties building the +infrastructure. +      (12)   Set-up and tear-down process and post-event outdoor clean-up plan. +      (13)   A crowd management plan that includes: +         (A)   the number, location, and responsibilities of crowd management +personnel; +         (B)   all ingress, egress, and circulation of vehicular and pedestrian +traffic, including emergency access for emergency responders; +         (C)   outdoor queuing for event entry; +         (D)   indoor queuing for food, beverages, merchandise, etc.; and +         (E)   any information required by +Chapter 16, "Dallas Fire Code." +      (14)   A security management plan that includes: +         (A)   the number, location (inside and outside), and responsibilities +of security personnel, including the provider/agency and command structure; +         (B)    the hours security personnel will be on site; and +         (C)   incident report procedures. +      (15)   First aid and medical information that includes: +         (A)   name of providers, including command structure; +         (B)   number and location of personnel and first aid and medical +stations; +         (C)   location of signage directing the public to first aid and +medical stations; and +         (D)   accident/incident report procedures. +      (16)   If the promoted event includes alcohol, provide the Texas +Alcoholic Beverage Commission license/permit number or specify if patrons may +bring their own alcohol. +      (17)   Noise abatement strategies. +      (18)   The number and location of metal detectors, if any. +      (19)   Whether pyrotechnics will be included in the promoted event. +      (20)   Emergency contingencies, including event stoppage and evacuation. +(Ord. 32239) +SEC. 38A-7.   SUSPENSION. +   The director may suspend a commercial promoter registration if the +registrant has received, within the preceding 60 days, two or more notices of +violation or citations related to lack of compliance with a safety plan or this +chapter. A person may not submit a new registration application while his or +her registration is suspended. (Ord. 32239) +SEC. 38A-8.   EMERGENCY RESPONSE COST RECOVERY. +   (a)   Purpose. This section is intended to protect the city from +extraordinary operational and financial burdens resulting from the use of city +resources in response to certain public safety incidents, demands for services, +and criminal activity related to commercial promoter events in violation of +this chapter. Emergency response cost recovery may only be used to preserve +city resources and, to the extent permitted by law, allow emergency response +cost recovery from the responsible party. +   (b)   Definitions. In this section: +      (1)   EMERGENCY RESPONSE means the provision, sending, or utilization of +public service, police, firefighting, paramedics, rescue service, or any other +agent of the city at a promoted event. +      (2)   EXPENSE OF AN EMERGENCY RESPONSE means the direct and reasonable +costs incurred by the city, or by a private person, corporation, or other +entity operating at the request of or direction of the city, through the +extraordinary use of public services, when making an emergency response to the +promoted event, including the costs of providing police, firefighting, +paramedics, or rescue services at the promoted event. These costs further +include but are not limited to all of the salaries, wages, workers' +compensation benefits, and fringe benefits of the city personnel responding to +the incident; all salaries, wages, workers' compensation benefits, and fringe +benefits of the city personnel engaged in investigation, supervision, and +preparation of post-incident reports; cost of equipment operation, cost of +materials obtained directly by the city, cost of any labor or materials, and +any property damage. +      (3)   RESPONSIBLE PARTY means: +         (A)   any person that is responsible for, in whole or in part, or +holds or promotes a promoted event, or allows a promoted event to be held, that +did not use a commercial promoter registered with the city; +         (B)    a person that is responsible for, in whole or in part, or holds +or promotes a promoted event, or allows a promoted event to be held, with a +commercial promoter registered without an approved safety plan or in violation +of an approved safety plan; or +         (C)   a person that owns the property where the emergency response is +necessary. +   (c)   Liability for expenses of emergency response. Any responsible party +who is responsible for or contributes to any circumstance that results in an +emergency response is liable for damages in the amount of the expense of the +emergency response. The city may pursue cost recovery fees and expenses for an +emergency response in connection with a promoted event that: +      (1)   is promoted by a person who is not registered as a commercial +promoter with the city; or +      (2)   operates without an approved safety plan or in violation of an +approved safety plan. +   (d)   Enforcement, billing, and collection of emergency response costs. Any +responsible party who is liable for the expense of an emergency response will +be in default if the responsible party fails to reimburse the city within 30 +days of receiving notice of the expense of the emergency response. The city +will pursue collection if the responsible party who is liable for the expense +of an emergency response refuses to reimburse the city. (Ord. 32239) +SEC. 38A-9.   OFFENSES. +   (a)   A person commits an offense if the person promotes or conducts a +promoted event, or allows a promoted event to be held: +      (1)   while not registered in compliance with this chapter; +      (2)   without an approved safety plan; or +      (3)   in violation of an approved safety plan. +   (b)   A person commits an offense if he or she is the individual named as +the contact person for the promoted event and fails to meet police officers or +code enforcement officers at the site of the promoted event within one hour of +being contacted by a representative of the city by telephone or email. +   (c)   The culpable mental state required for the commission of an offense +under this chapter is governed by Section +1-5.1 of this code. +    (d)   This chapter may be enforced by the director of the office of special +events, the director of the department of code compliance, the chief of police, +the fire chief, or their designated representatives. (Ord. 32239) +SEC. 38A-10.   PENALTY. +   (a)   Each offense is punishable by a fine not to exceed: +      (1)   $2,000 for a violation of a provision of this chapter or a +requirement of a permit governing fire safety, zoning, or public health and +sanitation; or +      (2)   $500 for all other violations of this chapter. +   (b)   A person who violates a provision of this chapter or a requirement of +a safety plan under this chapter is guilty of a separate offense for each day +or part of a day during which the violation is committed or continued. (Ord. +32239) +CHAPTER 39 +RAILROADS +ARTICLE I. +PURPOSE, DEFINITIONS. +Sec. +39-1.   Purpose. +Sec. +39-2.   Definitions. +ARTICLE II. +ENFORCEMENT, DECISION MAKING, REPORTING DUTIES. +Sec. +39-3.   Enforcement. +Sec. +39-4.   The subcommittee. +Sec. +39-5.   Reporting duties and requests for city action. +ARTICLE III. +GENERAL REGULATIONS. +Sec. +39-6.   Transporting hazardous materials and shiftable load materials. +Sec. +39-7.   Transporting loose materials. +Sec. +39-8.   Operating railroad cars without engines. +Sec. +39-9.   Ringing bell. +Sec. +39-10.   Sounding whistle or horn. +Sec. +39-11.   Jumping off or clinging to trains. +Sec. +39-12.   Running switches. +Sec. +39-13.   Right-of-way fencing. +Sec. +39-14.   Blocking of streets. +Sec. +39-15.   Taxicabs and buses - Use of designated parking places. +ARTICLE IV. +MAINTENANCE AND CONSTRUCTION STANDARDS. +Sec. +39-16.   Adoption of FRA track safety standards. +Sec. +39-17.   Railroad tracks. +Sec. +39-18.   Adoption of the 1980 AREA Manual for Railway Engineering. +Sec. +39-19.   Grade crossings. +Sec. +39-20.   Standards for FRA class 5 track, FRA class 6 track, and special class +track. +ARTICLE V. +VERIFICATION OF TRACK CLASS FOR SPEED LIMITS. +Sec. +39-21.   Verification procedure. +Sec. +39-22.   Notification of railroad company. +Sec. +39-23.   Posting of speed limit signs. +Sec. +39-24.   Appeal of director’s action. +Sec. +39-25.   Interim speeds. +ARTICLE VI. +MAXIMUM SPEED LIMITS. +Sec. +39-26.   Without verification. +Sec. +39-27.   With verification. +Sec. +39-28.   Train operation in reverse. +ARTICLE I. +PURPOSE, DEFINITIONS. +SEC. 39-1.   PURPOSE. +   The regulations in this chapter have been established to promote the health, +safety, and general welfare of the citizens of the city by providing for the +reasonable and safe operation of all railroad traffic operating within the +city. (Ord. 18100) +SEC. 39-2.   DEFINITIONS. +   In this chapter, unless the context requires otherwise: +   (1)   AREA means the American Railway Engineering Association. +   (2)   CITY means the city of Dallas. +   (3)   COMMITTEE means the citizen’s safety advisory committee. +   (4)   DEPARTMENT means the department of the city designated by the city +manager to enforce and administer this chapter. +   (5)   DIRECTOR means the director of the department and any authorized +representative of the director. +   (6)   FRA means the Federal Railroad Administration. +   (7)   HAZARDOUS MATERIAL means “hazardous material,” “hazardous substance,” +or “hazardous waste” as defined in Section 171.8, Part 171, Subchapter C, +Chapter 1, Subtitle B, Title 49, Code of Federal Regulations. +   (8)   LOCAL means residing or situated within the city. +   (9)   LOOSE MATERIAL means dirt, sand, gravel, or other material that is +capable of blowing or spilling from a railroad car as a result of movement or +exposure to air, wind currents or weather. +   (10)   MAIN RAILROAD LINE means the following railroad lines. Any other +railroad line within the city is considered a switch or spur line. +      (A)   Main Lines of the Atchison, Topeka and Santa Fe Railroad (“SF”). +         (i)   Line SF1 is directionally described as follows: From the south +city limits near its intersection with Red Bird Lane northward to Ledbetter +Drive to Loop 12 (Walton Walker Boulevard), then northeasterly to Cockrell Hill +Road, Westmoreland Road, Hampton Road, Tyler Street, then easterly to Zang +Boulevard, then northeasterly to Marsalis Avenue, Corinth Street and the +Trinity River, to Lamar Street, to South Central Expressway to the east Dallas +yards at Good-Latimer Expressway. +         (ii)   Line SF2 is directionally described as follows: From the east +Dallas yards at Good- Latimer Expressway northeasterly to Haskell Avenue, Peak +Street, Munger Boulevard, Beacon Street, West Shore Drive, then southeasterly +to East Grand Avenue to the Southern Pacific Railroad Belt Line to White Rock +Creek, then northeasterly to Highland Road, Lakeland Drive, Peavy Road, Barnes +Bridge Road, to the Garland city limits near IH 635. +         (iii)   Line SF3 is directionally described as follows: Northwesterly +from Line 2 north of Northwest Highway to the Garland city limits at IH 635, +then northwestward from the Garland city limits at Jupiter Road to Kingsley +Road, Plano Road, then northerly to Miller Road, Skillman Street, Walnut +Street, to the north city limits at Buckingham Road, then westerly from the +Plano city limits being approximately 2680 feet east of Preston Road near Coit +Road to 1250 feet west of Preston Road to Dallas Parkway to the west city +limits near Midway Road. +      (B)   Main Lines of the former Chicago, Rock Island and Pacific Railroad +(“RI”). +         (i)   Line RI1 is directionally described as follows: From near +Corinth Street northwestward to Union Station, Continental Avenue, Oak Lawn +Avenue, Industrial Boulevard to Motor Street, to Inwood Road, Mockingbird Lane, +then westward to the city limits at the Trinity River. +      (C)   Main Lines of the Missouri-Kansas- Texas Railroad (“MKT”). +         (i)   Line MKT1 is directionally described as follows: From the south +city limits near Wintergreen Road northward to Cleveland Road, IH 635, Simpson +Stuart Road, Ledbetter Drive (Loop 12), Illinois Avenue, Overton Road, Sargent +Road, Martin Luther King Boulevard, Corinth Street to Union Station. +         (ii)   Line MKT2 is directionally described as follows: From Union +Station northward and northwestward to Continental Avenue, Oak Lawn Avenue, +crossing Harry Hines Boulevard, to Lucas Drive, Amelia Street, Maple Avenue, +Inwood Road, Mockingbird Lane, Shorecrest Drive, Webb Chapel Extension, +Northwest Highway (Loop 12), Walnut Hill Lane, Royal Lane, Forest Lane, IH 635, +to the north city limits, 0.5 miles north of IH 635. +         (iii)   Line MKT3 is directionally described as follows: From Line 2 +near Harry Hines Boulevard and McKinnon Street northeasterly to Maple Avenue, +Lemmon Avenue, Fitzhugh Avenue, Knox Street, Mockingbird Lane, Abrams Road, +Northwest Highway (Loop 12), then northward to White Rock Creek, Kingsley Road, +Miller Road, then northeasterly to Audelia Road, IH 635, Plano Road to the east +city limits east of Plano Road. +      (D)   Main Lines of the Missouri Pacific Railroad (“MP”). +         (i)   Line MP1 is directionally described as follows: From the west +city limits southwest of the intersection of IH 30 and Loop 12 easterly to +Chalk Hill Road, Westmoreland Road, Hampton Road, Sylvan Avenue to the Trinity +River to Union Station. +         (ii)   Line MP2 is directionally described as follows: From the +Missouri Pacific Junction with the Southern Pacific Railroad Belt Line east of +Hatcher Street easterly to Military Parkway, Jim Miller Road, Buckner +Boulevard, Prairie Creek Road, to the east city limits near Sam Houston Road. +      (E)   Main Lines of the St. Louis-San Francisco Railroad (“FR”). +         (i)   Line FR1 is directionally described as follows: From the west +city limits at the Trinity River Elm Fork northward to California Crossing, +Northwest Highway (Spur 348), Royal Lane, IH 635, to the north city limits, +0.25 miles north of IH 635. +      (F)   Main Lines of the St. Louis Southwestern Railroad (“SL”). +         (i)   Line SL1 is directionally described as follows: From the west +city limits at Dallas Parkway northeasterly to Preston Road, Campbell Road, +Hillcrest Road, Coit Road to the east city limits, 0.75 miles east of Coit +Road. +      (G)   Main Lines of the Southern Pacific Railroad (“SP”). +         (i)   Line SP1 is directionally described as follows: From the south +city limits south of Kleberg Road northwestward to South Belt Line Road, Jordan +Valley Road, IH 635, Haymarket Road, St. Augustine Road, US 175, Buckner +Boulevard (Loop 12), Jim Miller Road, Lake June Road, then northerly to Bruton +Road, then westward to Lawnview Avenue, to the Southern Pacific Railroad Belt +Line (SP3) east of Hatcher Street. +         (ii)   Line SP2 is directionally described as follows: From the south +city limits at IH 635 northward to McCommas Bluff Road, Simpson Stuart Road, +Ledbetter Drive (Loop 12), Linfield Road, the Trinity River to the Southern +Pacific Railroad Belt Line (SP3) at Municipal Street. +         (iii)   Line SP3 is directionally described as follows: Southern +Pacific Railroad Belt Line from Union Station southward to Corinth Street to +Martin Luther King Boulevard, IH 45, Lamar Street, then northward to Municipal +Street, US 175, Macon Street, Second Avenue, Scyene Road (SH 352), the Missouri +Pacific Junction, Military Parkway, IH 30, the Santa Fe Railroad, East Grand +Avenue, Mockingbird Lane, the MKT Railroad, Northwest Highway (Loop 12), Abrams +Road, Skillman Street, Park Lane, Walnut Hill Lane, Greenville Avenue, White +Rock Creek, Forest Lane, IH 635, Restland Road, to the north city limits south +of Spring Valley Road. +   (11)   PERSON means an individual, firm, partnership, association, +corporation, or other legal entity. +   (12)   RAILROAD COMPANY means a person owning or operating trains on a +railroad line within the city. +   (13)   SLOW ORDER means a written or verbal instruction to a railroad +company from the FRA, the city or the railroad company itself requiring the +railroad company to reduce the speed of its trains on the portion of track +referred to in the order because of conditions adversely affecting the safe +operation of railroad traffic on that track. +   (14)   SWITCH OR SPUR RAILROAD LINE means any railroad line within the city, +not designated as a main railroad line. +   (15)   TRAIN means any of the following: +      (A)   Any number of railroad engines, cars, or service vehicles operated +as a unit. +      (B)   Railroad engines operated singly. +      (C)   Self-powered railroad cars. +   (16)   SHIFTABLE LOAD MATERIAL means brick, lumber, pipes, or other material +capable of shifting within or falling from a railroad car as a result of the +movement of the railroad car or the failure of load securing devices. (Ord. +Nos. 18100; 22026) +ARTICLE II. +ENFORCEMENT, DECISION MAKING, REPORTING DUTIES. +SEC. 39-3.   ENFORCEMENT. +   (a)   Enforcement authority. The provisions of this chapter shall be +administered and enforced by the director. For this purpose, the director shall +have police power necessary to secure compliance with the provisions of this +chapter. +   (b)   Designation of local railroad company official. Each railroad company +shall designate a local official who is an employee of the railroad company to +be available for notification by the director. This designation shall be in +writing to the director and shall include the information necessary to enable +the director to contact the designated official in emergencies. The designated +official shall be available at all times. +   (c)   Notification of violations by the director. The director shall notify, +in writing, the FRA and the responsible railroad company of any violation of +the provisions of this chapter. This written notification shall list all +particulars of the alleged violation with sufficient detail to enable the +United States Attorney General to seek prosecution under federal regulations. +   (d)   Penalty for violation. Upon conviction, a person who violates a +provision of this chapter is punishable by a fine not to exceed $500. 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. +   (e)   Repeat violations. Whenever three or more violations are committed in +any calendar year by the same railroad company, the director shall notify, in +writing, the chairman of the committee and the responsible railroad company. +   (f)   Exception. This chapter does not apply to a public transportation +authority chartered by the state or to any railroad tracks owned or operated by +a public transportation authority chartered by the state. (Ord. Nos. 18100; +19963) +SEC. 39-4.   THE SUBCOMMITTEE. +   (a)   Creation of the railroad subcommittee. The chair of the committee is +authorized to form a railroad subcommittee to provide better communication +between the railroad companies and the city. If formed, the committee chair is +authorized to appoint a representative from each railroad company and from the +police department, fire-rescue department, and department of transportation of +the city to serve as ex officio members of the subcommittee. +   (b)   Powers and duties of the subcommittee. The subcommittee has the +following powers and duties: +      (1)   To review railroad operations for public safety. +      (2)   To recommend revisions to this chapter relating to the safety of +rail operations. (Ord. Nos. 18100; 22026; 28424; 30239; 30654) +SEC. 39-5.   REPORTING DUTIES AND REQUESTS FOR CITY ACTION. +   (a)   Reports to the director. Beginning January 1984, each railroad company +shall furnish to the director complete operating and engineering data as +specified by the director, including, but not limited to, the following +information: +      (1)   main lines in operation; +      (2)   spurs being served; +      (3)   a copy of the latest FRA inspection report for each main line; +      (4)   a copy of the latest United States Department of Transportation’s +AAR crossing inventory form for each grade crossing; +      (5)   an outline of any major maintenance or rehabilitation projects +undertaken; +      (6)   the number of through trains each day of the week and their average +speed and length for each main line; +      (7)   the number of switch moves each day of the week and their average +speed and length for each main line and each spur line; +      (8)   the approximate time of day reference for each train; +      (9)   hazardous materials movements and procedures; +      (10)   new crossing protection or grade separations. +   (b)   Supplemental reports. Every January and July after the filing of its +initial report, each railroad company shall furnish to the director changes in +any data required to be furnished in the initial report under Subsection (a). +   (c)   Accident reports. Each railroad company shall furnish to the director +a copy of the FRA accident report within 72 hours of any accident involving +track conditions, hazardous materials, or a motor vehicle collision with a +train. +   (d)   Slow orders. Each railroad company shall notify the director within 48 +hours of the imposition of any slow orders issued by the FRA if the slow orders +are related to track or structure conditions. +   (e)   Requests for city action. +      (1)   A railroad company may request the director to bring proposed +revisions to this chapter before the city council. These requests may include +the following topics: +         (A)   rail operations; +         (B)   closure of hazardous or little-used grade crossings; +         (C)   speed limits; or +         (D)   any other matter requiring city action for the railroad company +to conduct its business. +      (2)   The director shall forward all requests to the committee for review +and recommendation. The director shall forward requests to the city council +within 90 days of receipt, whether or not the committee has acted on the +request. (Ord. 18100) +ARTICLE III. +GENERAL REGULATIONS. +SEC. 39-6.   TRANSPORTING HAZARDOUS MATERIALS AND SHIFTABLE LOAD MATERIALS. +   (a)   Transporting hazardous materials. A railroad company commits an +offense if it transports hazardous materials over: +      (1)   any railroad spur track in the city which does not meet at least +FRA class 1 standards; or +      (2)   any railroad main line track in the city which does not meet at +least FRA class 2 standards. +For purposes of this subsection, a temporary slow order does not change track +classification. +   (b)   Transporting both hazardous materials and shiftable load materials. A +railroad company transporting both hazardous materials and shiftable load +materials on one train commits an offense if it fails to separate each railroad +car transporting hazardous materials from each railroad car transporting +shiftable load materials in compliance with FRA standards. (Ord. 18100) +SEC. 39-7.   TRANSPORTING LOOSE MATERIALS. +   A railroad company transporting loose materials commits an offense if it +fails to transport the loose materials in a manner which prevents the escape of +any part of the load due to blowing or spilling. (Ord. 18100) +SEC. 39-8.   OPERATING RAILROAD CARS WITHOUT ENGINES. +   (a)   A person commits an offense if he operates a railroad car without an +engine across or along any public street or highway within the city. +   (b)   It is a defense to prosecution under Subsection (a) if: +      (1)   the railroad car is self-powered and is equipped with FRA standard +signalling and lighting devices for warning of the railroad car’s approach; or +      (2)   a flagman is present at each traffic approach. (Ord. 18100) +SEC. 39-9.   RINGING BELL. +   (a)   A person commits an offense if he operates a train within the city and +fails to sound the train’s bell or audible warning device: +      (1)   before starting the train; or +      (2)   upon approaching any street crossing within the city. +   (b)   It is a defense to prosecution under Subsection (a) of this section if +the train’s movements are within railroad yards. (Ord. 18100) +SEC. 39-10.   SOUNDING WHISTLE OR HORN. +   A person commits an offense if he operates a train within the city and fails +to sound the train’s whistle or horn at least 1320 feet from any public street +or highway before crossing the street or highway. (Ord. 18100) +SEC. 39-11.   JUMPING OFF OR CLINGING TO TRAINS. +   A person commits an offense if he jumps off or clings to a train while the +train is in motion. It is a defense to prosecution under this section if the +person is a paying train passenger or an employee or official of the railroad +company operating or owning the train. (Ord. 18100) +SEC. 39-12.   RUNNING SWITCHES. +   (a)   Definition. RUNNING SWITCH, in this section, means the method of +changing railroad cars from one track to another track in the process of making +or unmaking trains. This method involves bringing the railroad cars to a +certain grade, detaching the cars from the railroad engine, and allowing the +cars to run to other cars or places on a different track without the control of +a brake, a brakeman, an engine, an engineer, or any other person. The term +“running switch” is also referred to as “kicking cars.” +   (b)   Running switches. A person commits an offense if he makes a “running +switch” across or along any public street or highway within the city. +   (c)   It is a defense to prosecution under Subsection (b) if: +      (1)   a flagman is present at each traffic approach; or +      (2)   any crossing at which a “running switch” is made is equipped with +automatic gates. (Ord. 18100) +SEC. 39-13.   RIGHT-OF-WAY FENCING. +   A railroad company commits an offense if it fences its right-of-way within +the city: +      (1)   with barbed wire that begins less than seven feet above the ground; +or +      (2)   in such a manner that the fencing obstructs a public street or +highway extending to or across the right-of-way. (Ord. 18100) +SEC. 39-14.   BLOCKING OF STREETS. +   If a city street crossing has been obstructed by a train for more than five +consecutive minutes, the railroad company owning or operating the train commits +an offense if it allows its trains to again cross the city street within the +next five consecutive minutes or before waiting traffic has cleared the +crossing, whichever occurs first. (Ord. 18100) +SEC. 39-15.   TAXICABS AND BUSES - USE OF DESIGNATED PARKING PLACES. +   (a)   Taxicabs. While waiting for employment at any railroad depot in the +city, a driver of a taxicab commits an offense if he stops in a parking place +not designated by the director for use by taxicabs. +   (b)   Buses. While waiting for employment at any railroad depot in the city, +a driver of a bus commits an offense if he stops in a parking place not +designated by the director for use by buses. (Ord. 18100) +ARTICLE IV. +MAINTENANCE AND CONSTRUCTION STANDARDS. +SEC. 39-16.   ADOPTION OF FRA TRACK SAFETY STANDARDS. +   (a)   Sections 213.1 through 213.241, excluding Section 213.9(a), of Part +213, Chapter II, Subtitle B, Title 49, Code of Federal Regulations, providing +Federal Railroad Administration track safety standards, are incorporated into +this chapter. +   (b)   A reference in this chapter to an FRA standard refers to a track +safety standard in the federal regulations listed in Subsection (a) of this +section. +   (c)   The director shall keep a copy of the federal regulations in the +director’s permanent files. The federal regulations shall be available for +public inspection. +   (d)   If a provision in the federal regulations listed in Subsection (a) of +this section conflicts with a provision in this chapter, the federal regulation +provision prevails. (Ord. 18100) +SEC. 39-17.   RAILROAD TRACKS. +   A railroad company shall maintain its railroad tracks within the city in +accordance with FRA standards. (Ord. 18100) +SEC. 39-18.   ADOPTION OF THE 1980 AREA MANUAL FOR RAILWAY ENGINEERING. +   (a)   Chapter 9 of the 1980 AREA Manual for Railway Engineering is +incorporated into this chapter. A reference in this chapter to an AREA standard +refers to a standard in the manual. +   (b)   The director shall keep a copy of the manual in the director’s +permanent files. The manual shall be available for public inspection. +   (c)   If a provision in the manual conflicts with a provision in this +chapter, the chapter provision prevails. (Ord. 18100) +SEC. 39-19.   GRADE CROSSINGS. +   (a)   Standards. A railroad company shall maintain its city grade street +crossings, signs, signals, automatic gates, and floodlighting in accordance +with AREA standards. +   (b)   Minimum crossing standards. A railroad company shall insure that its +railroad tracks crossing city streets meet at least FRA class 1 standards. +(Ord. 18100) +SEC. 39-20.   STANDARDS FOR FRA CLASS 5 TRACK, FRA CLASS 6 TRACK, AND SPECIAL +CLASS TRACK. +   (a)   Definitions. In this section: +      (1)   SPECIAL CLASS TRACK means track verified by the director, as +described in +Article V of this chapter, for the operation of trains at unlimited speeds +greater than 110 miles per hour. +      (2)   The following terms have the meanings given them by the federal +regulations adopted in Section +39-16 of this chapter: +         (A)   FRA CLASS 5 TRACK; and +         (B)   FRA CLASS 6 TRACK. +   (b)   Standards. A railroad company shall construct, improve and maintain +its FRA class 5, FRA class 6, and special class track in accordance with +standards recommended by the director and approved by the city council for each +individual line. +   (c)   Procedure. +      (1)   Railroad company’s submission. Before constructing or improving any +track to qualify as FRA class 5, FRA class 6, or special class track, a +railroad company shall submit to the director all plans and specifications for +the proposed construction or improvements. +      (2)   Director’s recommendation. +         (A)   After 90 days from receipt of the railroad company’s plans and +specifications, the director shall recommend to the city council whether or not +the plans and specifications are sufficient to merit the higher speed limits +designated by Section +39-27(b)(2) to correspond to FRA class 5, FRA class 6, and special class track. +         (B)   The director shall notify the railroad company of his +recommendation at least 30 days before council action. The director’s +notification shall be in writing and sent by certified mail, return receipt +requested. +      (3)   Public hearing. +         (A)   The city council shall hold a public hearing to consider the +railroad company’s plans and specifications. Notice shall be published once in +the official newspaper of the city 10 days before the hearing. +         (B)   After the public hearing, the city council may accept or reject +the railroad company’s plans and specifications. (Ord. 18100) +ARTICLE V. +VERIFICATION OF TRACK CLASS FOR SPEED LIMITS. +SEC. 39-21.   VERIFICATION PROCEDURE. +   (a)   Upon request by a railroad company for verification of its track, the +department shall prepare an on-site survey of the railroad company’s +operational track within the city. The survey may be based upon: +      (1)   engineering data previously furnished to the director by the +railroad company as described in Section +39-5(a); and +      (2)   the department’s independent investigation of any crossing +conditions and operations relevant to a speed limit determination. +   (b)   Based upon the department’s survey, the director shall verify the +railroad company’s operational track within the city by confirming the track to +be: +      (1)   FRA class 1 track; +      (2)   FRA class 2 track; +      (3)   FRA class 3 track; +      (4)   FRA class 4 track; +      (5)   FRA class 5 track; +      (6)   FRA class 6 track; or +      (7)   special class track. +(Ord. 18100) +SEC. 39-22.   NOTIFICATION OF RAILROAD COMPANY. +   Within five days of verification, the director shall notify the railroad +company of the speed limit authorized for that railroad company’s track. The +director’s notification shall be in writing and sent by certified mail, return +receipt requested. (Ord. 18100) +SEC. 39-23.   POSTING OF SPEED LIMIT SIGNS. +   (a)   In general. Within 30 days of verification, the railroad company shall +certify to the director that the new speed limit has been posted in accordance +with FRA standards. +   (b)   Motorist warning signs. To warn city motorists of train operating +speeds in excess of 40 miles per hour, the director shall cause to be posted at +the railroad company’s expense a “Fast Trains” sign at each traffic approach to +a grade crossing. The “Fast Trains” sign shall be posted no closer than 200 +feet from the crossing, preferably below and on the same post holding a +standard round warning sign prescribed by the “Manual and Specifications” +approved by the State Highway Commission and described in Section +28-27 of Chapter 28 of this code. The “Fast Trains” sign shall not be posted +farther from the crossing than the standard round warning sign. (Ord. 18100) +SEC. 39-24.   APPEAL OF DIRECTOR’S ACTION. +   Within 10 days after receiving notice of verification, the railroad company +may file a written appeal of the director’s action with the city manager. In +support of its appeal, the railroad company may submit engineering data and +accident reports for the tracks concerned. The city manager shall, within 10 +days after the appeal is filed, consider all the evidence in support of or +against the action appealed, and render a decision either sustaining or +reversing the action. If the city manager sustains the action, the railroad +company may within 10 days of that decision file a written appeal with the city +secretary to the city council setting forth specific grounds for the appeal. +Within 30 days the city council shall hear the appeal. The city council may +affirm, modify, or reverse the action appealed. Until a final determination is +made by the city council, the speed limit before or after verification, +whichever is lower, shall be in effect. The decision of the city council is +final. (Ord. 18100) +SEC. 39-25.   INTERIM SPEEDS. +   For 90 days following verification, the interim speed limits provided in +Section +39-27(b) of this chapter shall be in effect to allow for motorist and resident +familiarization and review by the director of the appropriateness of the track +class verification and corresponding speed limit. Unless the director requests +reconsideration of the track class verification, the permanent speed limits +provided in Section +39-27(b) shall take effect at the end of 90 days if all signs have been posted +in accordance with Section +39-23. (Ord. 18100) +ARTICLE VI. +MAXIMUM SPEED LIMITS. +SEC. 39-26.   WITHOUT VERIFICATION. +   (a)   In general. A railroad company that has not obtained verification of +its track class under +Article V of this chapter commits an offense if it operates a train on: +      (1)   a main line track at a speed greater than 25 miles per hour; +      (2)   a spur or switch track crossing a public street within the city at +a speed greater than 10 miles per hour if the crossing is not protected by +automatic gates; or +      (3)   a spur or switch track crossing a public street within the city at +a speed greater than 25 miles per hour if the crossing is protected by +automatic gates or is grade separated. +   (b)   Track crossings not protected by automatic gates - when visibility is +impaired. +      (1)   Director’s recommendation. +         (A)   If the director determines that traffic visibility is inadequate +from any public street crossed by a track not protected by automatic gates, the +director shall recommend to the city council a speed limit less than 25 miles +per hour for trains using that track crossing. +         (B)   The director’s speed limit recommendation to the city council +shall include a recommended distance from the track crossing within which the +railroad company shall observe the lower speed limit. +         (C)   The director shall notify the railroad company of his +recommendation at least 30 days before council action. The director’s +notification shall be in writing and sent by certified mail, return receipt +requested. +      (2)   Public hearing. +         (A)   If the city council determines that the proposed speed limit +reduction does not warrant a public hearing, the city council may approve the +speed limit by a majority vote. +         (B)   If the city council determines that the proposed speed limit +reduction requires a public hearing, the director shall send written notice of +a public hearing on the proposed speed limit reduction to all railroad +companies owning or operating trains on the track crossing under consideration +and to all owners of real property lying within 200 feet of the track crossing +under consideration. The measurement of 200 feet includes streets and alleys. +         (C)   The written notice must be given not less than 10 days before +the date set for the hearing by depositing the notice in the United States +mail, properly addressed to: +            (i)   the railroad companies as evidenced by the director’s list of +designated local railroad company officials; and +            (ii)   the property owners as evidenced by the last approved city +tax roll. +         (D)   After a public hearing, the city council may approve the speed +limit reduction by a majority vote. +      (3)   Notification of railroad company. Within five days of council +action, the director shall notify the railroad company of the speed limit +authorized for that railroad company’s track crossing. The director’s +notification shall be in writing and sent by certified mail, return receipt +requested. (Ord. 18100) +SEC. 39-27.   WITH VERIFICATION. +   (a)   In general. If a railroad company has obtained verification of its +track class under +Article V of this chapter, the railroad company shall not operate a train on a +track at a speed greater than the speed applicable to that specific track class +as described in Subsection (b) of this section. +   (b)   Criteria and corresponding train speeds. +      (1)   Definitions. In this section: +         (A)   INTERIM SPEEDS means those speed limits in effect for 90 days +after authorization of a permanent speed limit. See Section +39-25. +         (B)   MAXIMUM SPEEDS means those speed limits set forth in this +subsection, except as provided by FRA regulations. See Section +39-16; see Title 49, Code of Federal Regulations, Part 213 (1982), Sections +213.9(b) and (c), 213.57(b), 213.59(a), 213.105, 213.113(a) and (b), and +213.137(b) and (c). +         (C)   NOISE LEVEL means the average sound pressure level measured in +accordance with the requirements of Part 201, Subchapter G, Chapter 1, Title +40, Code of Federal Regulations, providing noise emission standards for +transportation equipment. +         (D)   SPECIAL CLASS TRACK is defined in Section +39-20(a). +      (2)   Schedule of criteria and corresponding train speeds. +TRACK ROAD RIGHT- OF- NOISE TRAIN SPEEDS (MILES PER HOUR) +CLASS CROSSING WAY LEVEL HAZARDOUS FREIGHT PASSENGER + PROTECTION FENCING MATERIALS INTERIM MAXIMUM INTERIM MAXIMUM +TRACK ROAD RIGHT- NOISE TRAIN SPEEDS (MILES PER HOUR) +CLASS CROSSING OF-WAY LEVEL HAZARDOUS FREIGHT PASSENGER + PROTECTION FENCING MATERIALS INTERIM MAXIMUM INTERIM MAXIMUM + Signing + and See +F.R.A. striping None 90 dbA Section 10 10 15 15 +CLASS 1 according 39-6(a) + to state (1) + law +F.R.A. Flashing None 90 dbA 10 25 25 25 25 +CLASS 2 lights +F.R.A. Gates or +CLASS 3 grade NOTE 1 90 dbA 25 30 40 40 50 + separation +F.R.A. Gates 35 50 40 60 +CLASS 4 Grade NOTE 1 90 dbA 40 40 60 50 80 + separation +F.R.A. Gates 40 60 50 70 +CLASS 5 Grade NOTE 2 90 dbA 50 50 80 60 90 + separation +F.R.A. Gates 50 80 60 90 +CLASS 6 Grade NOTE 2 90 dbA 60 70 110 80 110 + separation +Special Grade NOTE 2 90 dbA 80 No Limit No Limit No Limit No Limit +Class separation +Note 1 - At least 4 foot fencing within 200 feet of existing residential +development, parks, schools, churches or other high pedestrian traffic +locations as ordered by the director, except where natural terrain features +provide an equivalent barrier. +Note 2 - At least 6 foot fencing providing protection against access by the +public to the right-of-way at all locations +  +   (c)   FRA class 1 and class 2 track crossings - when visibility is impaired. +      (1)   Director’s recommendation. +         (A)   If the director determines that traffic visibility is inadequate +from any public street crossed by a FRA class 1 or class 2 track, the director +may recommend to the city council a speed limit lower than the speed limit +applicable to that specific track class provided in Section +39-27(b). +         (B)   The director’s speed limit recommendation shall include a +recommended distance from the track crossing within which the railroad company +shall observe the lower speed limit. +         (C)   The director shall notify the railroad company of his +recommendation at least 30 days before council action. The director’s +notification shall be in writing and sent by certified mail, return receipt +requested. +      (2)   Public hearing. +         (A)   If the city council determines that the proposed speed limit +reduction does not warrant a public hearing, the city council may approve the +speed limit by a majority vote. +         (B)   If the city council determines that the proposed speed limit +reduction requires a public hearing, the director shall send written notice of +a public hearing on the proposed speed limit reduction to all railroad +companies owning or operating trains on the track crossing under consideration +and to all owners of real property lying within 200 feet of the track crossing +under consideration. The measurement of 200 feet includes streets and alleys. +         (C)   The written notice must be given not less than 10 days before +the date set for the hearing by depositing the notice in the United States mail +properly addressed to: +            (i)   the railroad companies as evidenced by the director’s list of +designated local railroad company officials; and +            (ii)   the property owners as evidenced by the last approved city +tax roll. +         (D)   After a public hearing, the city council may approve the speed +limit reduction by a majority vote. +      (3)   Notification of railroad company. Within five days of council +action, the director shall notify the railroad company of the speed limit +authorized for that railroad company’s track crossing. The director’s +notification shall be in writing and sent by certified mail, return receipt +requested. (Ord. 18100) +SEC. 39-28.   TRAIN OPERATION IN REVERSE. +   A person commits an offense if he operates a train in reverse across any +public street within the city at a speed greater than 10 miles per hour. It is +a defense to prosecution under this section if lookout and signalling (bell, +whistle and lights) are provided in the lead car in compliance with FRA +standards. (Ord. 18100) +CHAPTER 39A +RELOCATION ASSISTANCE - EMINENT DOMAIN +Sec. +39A-1.   Purpose; scope of chapter. +Sec. +39A-2.   Definitions. +Sec. +39A-3.   Code enforcement, rehabilitation, or demolition program. +Sec. +39A-4.   Reserved. +Sec. +39A-5.   Reserved. +Sec. +39A-6.   Reserved. +Sec. +39A-7.   Appeals. +Sec. +39A-8.   Records. +SEC. 39A-1.   PURPOSE; SCOPE OF CHAPTER. +   (a)   The purpose of this chapter is to provide a relocation assistance +program pursuant to Section 21.046 of the Texas Property Code, as amended. The +city hereby adopts, as its relocation assistance program, the URA and the +provisions in this chapter governing a code enforcement, rehabilitation, or +demolition program. +   (b)   The provisions of this chapter shall apply only to city of Dallas +projects and code enforcement, rehabilitation, or demolition programs. The +provisions of this chapter shall be performed by the city manager. All +departments involved in land acquisition and a code enforcement, +rehabilitation, or demolition program shall cooperate to the fullest extent to +achieve the purposes of this chapter. +   (c)   Damages and costs within the purview of this chapter shall not be +considered elements of market value or damage and shall not be recoverable in +any eminent domain proceeding instituted by or against the city of Dallas. +   (d)   The city manager is hereby directed to comply with all regulations of +any agency of the federal government, relating to land acquisition, relocation +assistance, moving expenses, and replacement housing payments, when any such +agency is rendering financial assistance to any city of Dallas project. (Ord. +Nos. 13680; 30694) +SEC. 39A-2.   DEFINITIONS. +   The terms used in this chapter have the meanings ascribed to them in the +Federal Uniform Relocation Assistance and Real Property Acquisition Policies +Act of 1970, as amended, or as defined below: +   CITY MANAGER means the city manager or the city manager's designee. +   CODE ENFORCEMENT, REHABILITATION, OR DEMOLITION PROGRAM means an official +order issued by the fire marshal, building official, or the city's health +officer, or their designees, and which, notwithstanding Section 21.046(e) of +the Texas Property Code, as amended, is unrelated to real property title +acquisition. +   URA means the Federal Uniform Relocation Assistance and Real Property +Acquisition Policies Act of 1970, as amended, and applicable regulations. +(Ord. Nos. 13680; 20613; 29478; 30694) +SEC. 39A-3.   CODE ENFORCEMENT, REHABILITATION, OR DEMOLITION PROGRAM. +   (a)   A person is considered displaced when, as a direct result of a code +enforcement, rehabilitation, or demolition program, the person permanently +moves or discontinues a business, permanently moves personal property, or +permanently moves from a dwelling. +   (b)   A person who is displaced under this section shall be treated as a +displaced person under the URA. +   (c)   Whenever, due to a code enforcement, rehabilitation, or demolition +program, a person is required to temporarily vacate or evacuate property, the +occupant of the property may receive temporary housing payments, for a period +not to exceed 72 hours, for housing and food expenses based on the U.S. General +Services Administration's per diem standard rate for Texas for the current +year, whether or not they could qualify for permanent relocation benefits under +this chapter. +   (d)   When a person is displaced pursuant to this section, the city may, in +accordance with Section 214.001 of the Texas Local Government Code, as amended, +place a lien on the property, unless it is a homestead protected by the Texas +Constitution, to recover costs incurred by the city in relocating the displaced +person. +(Ord. Nos. 13680; 30694) +SEC. 39A-4.   RESERVED. +   (Repealed by Ord. 30694) +SEC. 39A-5.   RESERVED. +   (Repealed by Ord. 30694) +SEC. 39A-6.   RESERVED. +   (Repealed by Ord. 30694) +SEC. 39A-7.   APPEALS. +   (a)   City manager to establish procedures. The city manager or his designee +shall establish procedures for his review of appeals under this chapter. The +procedures should provide for possible resolution of an appeal at an echelon +below the city manager with a final appeal to the city manager or his designee. +As a minimum such procedures shall provide that: +      (1)   any person making an appeal shall be given a full opportunity to be +heard; +      (2)   a decision will be reached promptly on the basis of evidence +submitted and the relocatee notified of such decision; +      (3)   the result reached will be supported by the necessary computations +and rationale and documented in the parcel file. +   (b)   Notification of appeal rights and procedures. At such time as a +relocatee indicates he is dissatisfied with a determination as to his +eligibility for a payment or of an amount of payment offered under this +chapter, he shall be promptly furnished the necessary forms and notified of the +procedures to be followed in making an appeal. (Ord. 13680) +SEC. 39A-8.   RECORDS. +   (a)   Relocatee records - general. The city manager or his designee shall +maintain relocation records showing: +      (1)   Project and parcel identification. +      (2)   Names and addresses of displaced persons and their complete +original and new addresses and telephone numbers (if available after reasonable +effort to obtain where relocatee moved without assistance). +      (3)   Personal contacts made with each relocated person, including for +each relocated person: +         (A)   date of notification of availablilty of relocation payments and +services; +         (B)   name of the official offering or providing relocation +assistance; +         (C)   whether the offer of assistance in locating or obtaining +replacement housing was declined or accepted and the name of the individual +accepting or declining the offer; +         (D)   dates and substance of subsequent followup contracts; +         (E)   date on which the relocated person was required to move from the +property acquired for the project; +         (F)   date on which actual relocation occurred and whether relocation +was accomplished with the assistance of the city, referral to other agencies or +without assistance. If the latter, an approximate date for actual relocation is +acceptable; and +         (G)   type of tenure before and after relocation. +      (4)   For displacements from dwelling: +         (A)   number in family; +         (B)   type of property (single detached, multi-family, etc.); +         (C)   value, or monthly rent; +         (D)   number of rooms occupied. +      (5)   For relocated businesses: +         (A)   type of business; +         (B)   whether continued or terminated; +         (C)   if relocated, distance moved (estimate acceptable). +      (6)   For relocated farms: +         (A)   whether continued or terminated; +         (B)   if relocated, distance moved (estimate acceptable). +   (b)   Moving expense records. The city manager or his designee shall +maintain records containing the following information regarding moving expense +payments: +      (1)   the date the removal of personal property was accomplished; +      (2)   the location from which and to which the personal property was +moved; +      (3)   if the personal property was stored temporarily, the location where +the property was stored, the duration of such storage, and justification for +the storage and the storage charges; +      (4)   itemized statement of the costs incurred supported by receipted +bills or other evidence of expense; +      (5)   amount of reimbursement claimed, amount allowed and an explanation +of any differences; +      (6)   data supporting any determination that a business cannot be +relocated without a substantial loss of its existing patronage and that it is +not part of a commercial enterprise having at least one other establishment not +being acquired by the city; +      (7)   when an “in lieu of” payment is made to a business or farm +operation, data showing how the payment was computed; and +      (8)   when moving expense payments are made in accordance with a +schedule, the data called for in (3) and (4) above need not be maintained. +Instead records showing the basis on which payment was made shall be +maintained. +   (c)   Replacement housing payment records. The city manager or his designee +shall maintain records containing the following information regarding +replacement housing payments: +      (1)   The date of the city’s receipt of each application for such +payments. +      (2)   The date on which each payment was made or the application +rejected. +      (3)   Supporting data explaining how the amount of the supplemental +payment to which the applicant is entitled was calculated. +      (4)   A copy of the closing statement to support the purchase or +downpayment, and incidental expenses when replacement housing is purchased. +      (5)   A copy of the Truth in Lending Statement or other data including +computations to support the increased interest payment. +      (6)   The individual responsible for determining the amount of the +replacement housing payment shall place in the file a signed and dated +statement setting forth: +         (A)   the amount of the replacement housing payment; +         (B)   that he has no direct or indirect present or contemplated +personal interest in this transaction nor will derive any benefit from the +replacement housing payment. +      (7)   A statement by the city manager or his designee that in his opinion +the relocated person has been relocated into adequate replacement housing. +(Ord. 13680) +CHAPTER 39B +REGULATED PROPERTY - PURCHASE AND SALE +ARTICLE I. +GENERAL. +Sec. +39B-1.   Purpose. +Sec. +39B-2.   Definitions. +Sec. +39B-2.1.   Hours of operation. +Sec. +39B-3.   Regulated property purchases; records. +Sec. +39B-4.   Hold notice. +Sec. +39B-4.1.   Repair of business machines; reporting requirements. +Sec. +39B-5.   Offenses. +Sec. +39B-6.   Penalty. +ARTICLE II. +LICENSING OF REGULATED PROPERTY DEALERS. +Sec. +39B-7.   License required. +Sec. +39B-8.   Issuance of license; posting. +Sec. +39B-9.   Fees. +Sec. +39B-10.   Expiration of license. +Sec. +39B-11.   Revocation. +Sec. +39B-12.   Reserved. +Sec. +39B-13.   Appeal. +Sec. +39B-14.   Transfer of license. +ARTICLE III. +RESERVED. +Secs. 39B-15 thru 39B-16.   Reserved. +ARTICLE I. +GENERAL. +SEC. 39B-1.   PURPOSE. +   The purpose of this chapter is to discourage an increasingly prolific and +socially deplorable business activity of dealing in stolen property by +requiring, among other regulations, the purchaser of certain regulated property +to maintain a record identifying the authorized vendor or to record and +maintain a reliable form of identification of the seller, if the seller is +other than a manufacturer or authorized vendor. Further, the chapter should +provide the police department with more adequate tools for investigations +concerning stolen property. Items of property to be included in the regulations +are limited to those items most frequently stolen and for which there is a +ready market. (Ord. Nos. 15064; 20241; 21310) +SEC. 39B-2.   DEFINITIONS. +   In this chapter: +      (1)   AUTOMOBILE ACCESSORIES means hubcaps, wheel covers, radar +detectors, tape decks and tape players, removable automobile tops, and like +items that are crafted or designed for use in or on automobiles as accessory +items. The term does not include completely assembled automobiles. +      (2)   AUTHORIZED VENDOR means a commercial supplier who deals in the +wholesale distribution of regulated property in the ordinary course of +business. +      (3)   BUSINESS MACHINE means a machine, such as, but not limited to, a +typewriter, computer, printer, adding machine, checkwriting device, cash +register, calculator, addressing machine, letter sorting or folding device, and +any item of recording, copying, or accounting equipment. The term does not +include office furniture or fixtures. +      (4)   CHIEF means the chief of police of the city of Dallas or a +designated representative. +      (5)   CRAFTED PRECIOUS METALS means jewelry, silverware, art objects, or +any other thing or object crafted, in whole or in part, from gold, silver, +platinum, palladium, irridium, rhodium, osmium, ruthenium, or their alloys, but +does not include coins, bullion, or bars of such metals. +      (6)   DEALER means any person, other than a pawnbroker, pawnshop, or +other business licensed under the Texas Pawnshop Act (Article 5069-51.01 et +seq., Vernon’s Texas Civil Statutes), who: +         (A)   purchases regulated property for resale or salvage use; and +         (B)   obtains more than 25 percent of the value of the person’s total +inventory of regulated property from a source other than an authorized vendor +or manufacturer. +      (7)   ELECTRONIC EQUIPMENT means any electrical device including, but not +limited to, a radio, television, video recorder, home computer, video camera, +stereo, tape, or record. +      (8)   HOLD NOTICE means notification by the chief that a person may not +sell, redeem, or dispose of regulated property that: +         (A)   has been identified as potentially stolen; or +         (B)   has a defaced identification number. +      (9)   JEWELRY means gems, jewels, and objects made of precious metals +that are worn for adornment, including, but not limited to stones removed from +a mounting. +      (10)   LICENSEE means a person in whose name a license has been issued +under this chapter or a person listed as an applicant on the application for a +license. +      (11)   PASSPORT means a passport issued by the United States government +or issued by another country and recognized by the United States government. +      (12)   PERSON means an individual, partnership, corporation, joint +venture, trust, association, and any other legal entity. +      (13)   PERSONAL IDENTIFICATION CERTIFICATE means a certificate issued by +the Texas Department of Public Safety under Article 6687b, Vernon’s Texas Civil +Statutes or a similar certificate issued by another state. +      (14)   POWER TOOL means a tool powered by electrical or AC/DC current or +by liquid or gaseous fuel, including, but not limited to, pneumatic and welding +equipment. +      (15)   PURCHASE means a transaction in which a person takes title to +regulated property in exchange for valuable consideration. +      (16)   REGULATED PROPERTY means new or used: +         (A)   automobile accessories; +         (B)   business machines; +         (C)   crafted precious metals; +         (D)   electronic equipment; +         (E)   firearms as defined by state law; +         (F)   household appliances; +         (G)   jewelry; +         (H)   motorcycle accessories; +         (I)   musical instruments; +         (J)   photographic equipment; +         (K)   power tools; or +         (L)   sporting goods. +      (17)   SALVAGE USE means the extracting or isolating of one or more of +the component parts of regulated property for later use. The term specifically +includes the melting, pulverizing, compacting, or similar alteration of an item +of crafted precious metals. +      (18)   SELLER means the person in a purchase transaction who is affirming +the legal right of ownership and the right to sign over title to the property +offered for sale. (Ord. Nos. 15064; 16882; 17398; 18892; 20241; 21310) +SEC. 39B-2.1.   HOURS OF OPERATION. +   A dealer shall transact business only between the hours of 8:00 a.m. and 9: +00 p.m. (Ord. Nos. 20241; 21310) +SEC. 39B-3.   REGULATED PROPERTY PURCHASES; RECORDS. +   (a)   A dealer in regulated property shall keep a sales record that +indicates the business name and address of the manufacturer or authorized +vendor from which the regulated property was purchased. +   (b)   If the regulated property was purchased from other than a manufacturer +or authorized vendor, a dealer shall: +      (1)   at the time of purchase, record in a legible manner on a +sequentially-numbered detachable ticket, approximately four inches by six +inches in dimension, which is kept in sequential order at the person’s local +place of business, the following information: +         (A)   the name and address of the dealer’s business; +         (B)   the name, address, sex, date of birth, and driver’s license +number, military identification number, passport number, or personal +identification certificate number of the seller of the regulated property; +         (C)   the date and time of purchase; +         (D)   a complete description of the property purchased, including, but +not limited to, the type of property, the brand name or manufacturer’s name, +any serial number, identifying number, or initials inscribed in or attached to +the property, and any other identifying marks or features of the property; +         (E)   the price paid or other consideration exchanged for the property +purchased; and +         (F)   the signature of the seller affirming ownership of the property +offered for sale; +      (2)   at the time of purchase, determine that the photograph on the +driver’s license, military identification card, passport, or personal +identification certificate is a photograph of the seller and make a photocopy +of the identification card or license; +      (3)   segregate the property purchased from the seller from property +purchased from other sellers and attach to the property, or to the container in +which the property is held, a tag indicating the name of the seller and the +date on which the property was purchased; +      (4)   retain possession of the purchased property at the dealer’s local +place of business and withhold the property from resale or salvage use for 21 +calendar days; +      (5)   make the purchased property available for inspection at the +dealer’s local place of business by any police officer during regular business +hours while the property is in the dealer’s possession; and +      (6)   make a photograph of the seller in each purchase transaction in a +manner such that the seller’s facial features are clearly visible. +   (c) A dealer shall maintain on file the information required by Subsections +(a) and (b) for one year from the date of purchase or until the item is sold, +whichever occurs later. (Ord. Nos. 15064; 16882; 17398; 18892; 20241; 21310) +SEC. 39B-4.   HOLD NOTICE. +   (a)   When a police officer has reasonable cause to believe that regulated +property offered for sale is stolen or has had the manufacturer’s +identification number or any other identifying mark removed, defaced, or +altered, the chief may place a hold notice upon the property. +   (b)   All regulated property upon which a hold notice has been placed must +be held by the dealer at the dealer’s local place of business for 60 calendar +days, unless released sooner by the chief. After 60 calendar days with no +disposition of the property by the chief, the hold is automatically released, +and the dealer may dispose of the property. (Ord. Nos. 15064; 18892; 20241; +21310) +SEC. 39B-4.1.   REPAIR OF BUSINESS MACHINES; REPORTING REQUIREMENTS. +   (a)   Except when the reporting requirements of Subsection (b) apply, a +person who engages in the business of servicing and repairing business machines +shall, within five working days after servicing or repairing a used business +machine, submit a report to the chief on a form and in a manner approved by the +chief. The report must include the following information: +      (1)   the name and address of the person for whom the business machine +was serviced or repaired; and +      (2)   a complete and accurate description of the business machine, +including serial numbers and other identifying marks or symbols. +   (b)   A person who services or repairs the same business machine on a +regular basis under the terms of a maintenance or service agreement shall +submit a report to the chief, on a form and in a manner approved by the chief, +within five working days after the effective date of each maintenance or +service agreement. The report must: +      (1)   include the following information: +         (A)   the name and address of the person for whom a business machine +is being serviced or repaired under the terms of a maintenance or service +agreement; +         (B)   a complete and accurate description of each business machine +covered by the maintenance or service agreement, including serial numbers and +other identifying marks and symbols; and +         (C)   the effective date and expiration date of the maintenance or +service agreement; and +      (2)   be updated each time a business machine is added to or removed from +the coverage of the maintenance or service agreement. +   (c)   The reporting requirements of this section do not apply to a person +who services or repairs a business machine for a person to whom he sold the +machine when it was new. (Ord. Nos. 18892; 20241; 21310) +SEC. 39B-5.   OFFENSES. +   (a)   A person commits an offense if he: +      (1)   violates Section +39B-2.1, +39B-3, +39B-4.1, +39B-7, or +39B-14 of this chapter; +      (2)   takes possession of regulated property purchased for resale or +salvage use for which he does not have records meeting the requirements of +Section +39B-3; +      (3)   fails or refuses to produce for inspection by a police officer the +records required by Section +39B-3, with respect to a particular item of regulated property, when requested +to do so at a reasonable time by the police officer; +      (4)   purchases for resale or salvage use, offers for sale, or sells +regulated property that has had the manufacturer’s identification number or any +other identifying mark removed, defaced, or altered; +      (5)   purchases regulated property for resale or salvage use from a +seller, other than a manufacturer or authorized vendor, who does not present a +valid driver’s license, military identification card, passport, or personal +identification certificate; +      (6)   purchases regulated property from a person under the age of 18 +years; or +      (7)   fails or refuses to comply with a hold notice placed on regulated +property pursuant to Section +39B-4 of this chapter. +   (b)   A culpable mental state is not required for the commission of an +offense under this section unless the provision defining the conduct expressly +requires a culpable mental state. +   (c)   In a prosecution under this chapter involving a record-keeping +requirement of Section +39B-3(b), it is an affirmative defense that the regulated property involved was +purchased from a manufacturer or authorized vendor. +   (d)   It is a defense to prosecution under this chapter that: +      (1)   at the time of the offense, the person had not purchased, nor +purported to purchase, regulated property for resale or salvage use on more +than 14 days of the calendar year in the city of Dallas; +      (2)   the regulated property involved was being returned for refund or +trade-in purposes to the dealer who originally sold the regulated property to +the seller; or +      (3)   the person is a pawnbroker, pawnshop, or other business licensed +under the Texas Pawnshop Act (Article 5069-51.01 et seq., Vernon’s Texas Civil +Statutes). +   (e)   An investigating police officer may inspect and copy any records +required to be kept under Section +39B-3 without obtaining a court order. In the case of records required under +Section +39B-3(b)(1), the officer may take possession and permanently retain the +original copy of each ticket on which the required information was recorded. +(Ord. Nos. 15064; 17398; 18892; 20241; 21310) +SEC. 39B-6.   PENALTY. +   An offense under this chapter is punishable by a fine of not less than $100 +nor more than $500, and a violation constitutes a separate offense for each +item of regulated property involved. (Ord. Nos. 15064; 17398; 19963; 20241; +21310) +ARTICLE II. +LICENSING OF REGULATED PROPERTY DEALERS. +SEC. 39B-7.   LICENSE REQUIRED. +   (a)   A person commits an offense if, without a license issued under this +article, he: +      (1)   purchases regulated property from other than a manufacturer or +authorized vendor for resale or salvage use; or +      (2)   operates a business establishment that purports to purchase +regulated property from other than a manufacturer or authorized vendor for +resale or salvage use. +   (b)   An application for a license must be made on a form provided by the +chief. Each applicant must be qualified according to the provisions of this +chapter. +   (c)   A person who wishes to purchase regulated property for resale or +salvage use must sign the application as applicant. If the person is a legal +entity, including but not limited to a corporation, partnership, association, +or joint venture, each individual who has a 20 percent or greater interest in +the business must sign the application for a license as an applicant. Each +applicant must meet the requirements of Section +39B-8(a), and each applicant shall be considered a licensee if a license is +granted. +   (d)   It is a defense to prosecution under this section that, at the time of +the alleged offense, the person was purchasing regulated property for resale or +salvage use under the specific authority of a valid license issued by the State +of Texas or the United States government. A license must still be obtained +under this section for those activities conducted by a dealer that are not +specifically authorized by a state or federal license. (Ord. Nos. 17398; 20241; +21310) +SEC. 39B-8.   ISSUANCE OF LICENSE; POSTING. +   (a)   The chief shall issue a license to an applicant within 30 days after +receipt of an application unless it is determined that one or more of the +following is true: +      (1)   An applicant is under 18 years of age. +      (2)   An applicant or an applicant’s spouse is overdue in payment to the +city of taxes, fees, fines, or penalties assessed against or imposed upon the +applicant or the applicant’s spouse. +      (3)   An applicant failed to answer or falsely answered a question or +request for information on the application form provided. +      (4)   An applicant or an applicant’s spouse has been convicted of two or +more offenses under Section +39B-5 of this chapter within two years immediately preceding the application. +The fact that a conviction is being appealed shall have no effect. +      (5)   An applicant has not obtained a certificate of occupancy for the +premises in which the applicant intends to do business. +      (6)   The license fee required by this chapter has not been paid. +      (7)   An applicant has been convicted of a felony or a Class A +misdemeanor involving theft or fraud, including but not limited to theft, +robbery, burglary, forgery, criminal simulation, deceptive business practices, +securing execution of document by deception, or any other similar state or +federal criminal offense, and three years have not elapsed since the +termination of any sentence, parole, or probation; the fact that a conviction +is being appealed shall have no effect. If three years have elapsed, the chief +shall, in accordance with Section 4(c), Article 6252-13c of Vernon’s Texas +Civil Statutes, determine the present fitness of the applicant to be licensed +from the information and evidence presented with the application. +      (8)   An applicant has been convicted of an offense under any federal or +state law providing record-keeping or licensing requirements for persons +purchasing or selling regulated property, and three years have not elapsed +since the termination of any sentence, parole, or probation. The fact that a +conviction is being appealed shall have no effect. +   (b)   The license, if granted, shall state on its face the name of the +person or persons to whom it is granted, the expiration date, and the address +of the premises for which the license is granted. A license issued pursuant to +this chapter shall be valid only for the location stated in the application. +Should any licensee move a place of business from the place stated on the +license to a new location, the licensee shall give the chief prior written +notice and present the license to the chief to have the change of location +noted on the license. +   (c)   The license shall be posted in a conspicuous place at or near the +entrance to the licensed premises so that it may be easily read at any time. +(Ord. Nos. 17398; 20241; 21310) +SEC. 39B-9.   FEES. +   The annual fee for a license issued under this article is $245. (Ord. Nos. +17398; 18411; 20241; 20612; 21310; 22206) +SEC. 39B-10.   EXPIRATION OF LICENSE. +   Each license shall expire one year from the date of issuance and may be +renewed only by making application as provided in Section +39B-7. To assure reissuance of a license prior to expiration, application for +renewal should be made at least 30 days before the expiration date. (Ord. Nos. +17398; 20241; 21310) +SEC. 39B-11.   REVOCATION. +   (a)   The chief shall revoke a license if it is determined that one or more +of the following is true: +      (1)   A licensee has given a false statement as to a material matter +submitted to the chief during the application process. +      (2)   A licensee, an individual who is a business associate of the +licensee in the same or a related business or a corporate officer of the +licensee, or an employee of the licensee has been convicted within a two-year +period of two or more offenses under Section +39B-5 of this chapter. If a conviction is appealed, the time period between +conviction and final disposition on appeal of the conviction is not included in +calculating the two-year period if the conviction is affirmed. +      (3)   A licensee has been convicted of any felony or of a Class A +misdemeanor involving theft or fraud, including but not limited to theft, +robbery, burglary, forgery, criminal simulation, deceptive business practices, +securing execution of document by deception, or any other similar state or +federal criminal offense, and three years have not elapsed since the +termination of any sentence, parole, or probation. The fact that a conviction +is being appealed shall have no effect. +      (4)   An applicant has been convicted of an offense under any federal or +state law providing record-keeping or licensing requirements for persons +purchasing or selling regulated property, and three years have not elapsed +since the termination of any sentence, parole, or probation. The fact that a +conviction is being appealed shall have no effect. +   (b)   When the chief revokes a license, the revocation shall continue for +one year, and the licensee shall not be issued a license for one year from the +date revocation became final. If, subsequent to revocation, the chief finds +that the basis for the revocation action has been corrected or abated, the +applicant may be granted a license if at least 90 days have elapsed since the +date the revocation became final. If the license was revoked under Subsection +(a)(3) of this section, an applicant may not be granted another license within +three years of the termination of any sentence, parole, or probation. (Ord. +Nos. 17398; 20241; 21310) +SEC. 39B-12.   RESERVED.  +(Ord. 21310) +SEC. 39B-13.   APPEAL. +   If the chief denies the issuance of a license, or revokes a license, a +written notice of the action and the right to an appeal shall be sent to the +applicant, or licensee, by certified mail, return receipt requested. The +aggrieved party may appeal the decision of the chief to a permit and license +appeal board in accordance with Section +2-96 of this code. The action of the chief is final unless a timely appeal is +made. The filing of an appeal stays the action of the chief in revoking a +license until the permit and license appeal board makes a final decision. (Ord. +Nos. 17398; 20241; 21310) +SEC. 39B-14.   TRANSFER OF LICENSE. +   A licensee shall not: +      (1)   transfer a license issued under this chapter to another; or +      (2)   operate a business engaged in the purchase of regulated property +for resale or salvage use under the authority of a license at any place other +than the address designated in the license application. (Ord. Nos. 17398; +20241; 21310) +ARTICLE III. +RESERVED. +SECS. 39B-15 THRU 39B-16. +(Repealed by Ord. 28020) +CHAPTER 39C +RECORDS MANAGEMENT PROGRAM +Sec. +39C-1.   Statement of policy. +Sec. +39C-2.   City of Dallas records. +Sec. +39C-3.   Definitions. +Sec. +39C-4.   Designation of records management officer. +Sec. +39C-5.   Ownership and custody of city records. +Sec. +39C-6.   Records involved in public information requests, pending litigation, +or pending audits. +Sec. +39C-7.   Duties and responsibilities of the city council. +Sec. +39C-8.   Establishment of the records management policy committee. +Sec. +39C-9.   Duties and responsibilities of records management officer. +Sec. +39C-10.   Records management program to be developed; approval of program; +authority of program. +Sec. +39C-11.   Duties and responsibilities of department directors. +Sec. +39C-12.   Designation of records liaison officers. +Sec. +39C-13.   Duties and responsibilities of records liaison officers. +Sec. +39C-14.   Records retention and disposition schedules; approval; filing with +the state. +Sec. +39C-15.   Implementation of records retention and disposition schedules; +destruction of city records under schedule. +Sec. +39C-16.   Destruction of unscheduled records. +Sec. +39C-17.   Dallas municipal archives and records center. +Sec. +39C-18.   Microfilming city records. +Sec. +39C-19.   Electronic storage of city records. +Sec. +39C-20.   Right of recovery. +Sec. +39C-21.   Penalty. +SEC. 39C-1.   STATEMENT OF POLICY. +   (a)   The city of Dallas recognizes that the citizens of Dallas have a right +to expect, and the city has an obligation to foster, efficient and cost- +effective government and further recognizes the central importance of city +records in the lives of its citizens. The city of Dallas has a responsibility +to its citizens to manage, protect, preserve, and make available city records. +   (b)   It is the policy of the city of Dallas to provide for efficient, +economical, and effective controls over the creation, distribution, +organization, maintenance, use, retention, and disposition of all records of +the city of Dallas. This policy will be implemented through a comprehensive +system of integrated procedures for the management of records from their +creation to their ultimate disposition, consistent with the requirements of the +Local Government Records Act, the Public Information Act, the city charter, and +accepted records management practice. (Ord. Nos. 20787; 23267) +SEC. 39C-2.   CITY OF DALLAS RECORDS. +   All city records must be created, maintained, and disposed of in accordance +with this chapter and all requirements, policies, and procedures established +pursuant to this chapter, and in no other manner. (Ord. Nos. 20787; 23267) +SEC. 39C-3.   DEFINITIONS. +   (1)   APPROVED RECORDS RETENTION AND DISPOSITION SCHEDULE means a records +retention and disposition schedule that has been: +      (A)   approved by the department director, the records management +officer, and the records management policy committee; +      (B)   adopted by the city council by resolution; and +      (C)   filed by the records management officer and approved by the +director and librarian of the Texas State Library and Archives Commission +either: +         (i)   in a detailed format determined by the director and librarian; +or +         (ii)   through a written certification of compliance filed in +accordance with state law. +   (2)   CITY RECORD means every document, paper, letter, book, map, +photograph, sound or video recording, microfilm, magnetic tape, electronic +medium, or other information recording medium, regardless of physical form or +characteristic and regardless of whether public access to it is open or +restricted under state law, that is created or received by the city of Dallas +or any of its officers or employees pursuant to law or in the transaction of +public business. A city record does not include library or museum material +acquired solely for reference, exhibit, or display or stocks of publications, +advertisements, or other unsolicited written materials received by the city or +any of its officers or employees. +   (3)   DALLAS MUNICIPAL ARCHIVES AND RECORD CENTER (DMARC) means the facility +described in Section +39C-17 of this chapter that is used to provide centralized and secure storage +for noncurrent and permanent city records. +   (4)   DEPARTMENT means any department, office, agency, division, program, +commission, bureau, board, committee, task force, ad hoc committee, or similar +entity of the city. +   (5)   DEPARTMENT DIRECTOR means the officer who by ordinance, order, or +administrative policy is in charge of a department or an office of the city +that creates or receives city records. +   (6)   ESSENTIAL RECORD means any city record necessary to: +      (A)   the resumption or continuation of operations of the city in an +emergency or disaster; +      (B)   the re-creation of the legal and financial status of the city; or +      (C)   the protection and fulfillment of obligations to the citizens of +the city. +   (7)   LOCAL GOVERNMENT RECORDS ACT means Title 6, Subtitle C of the Local +Government Code, as amended. +   (8)   PERMANENT RECORD means any city record for which the retention period +on a records retention and disposition schedule is given as permanent. +   (9)   PUBLIC INFORMATION ACT means Chapter 552 of the Texas Government Code, +also known as the Texas Open Records Act.    +   (10)   RECORDS DISPOSITION means the removal of a city record from a +department or from a noncurrent records storage center and: +      (A)   for a city record that has passed its minimum legal retention +period and no longer has value to the city, the destruction of the record; or +      (B)   for a permanent city record, transfer of the record to DMARC for +archival accession. +   (11)   RECORDS INVENTORY means the process of locating, identifying, and +describing in detail the records of a department. +   (12)   RECORDS LIAISON OFFICER means any person designated under Section +39C-12 of this chapter. +   (13)   RECORDS MANAGEMENT means the planning, controlling, directing, +organizing, training, promoting, and application of other management techniques +involved in the creation, use, maintenance, retention, preservation, and +disposal of city records for the purposes of achieving adequate and proper +documentation of the policies and transactions of city government and reducing +the costs and improving the efficiency of recordkeeping. The term includes: +      (A)   the development of records retention and disposition schedules; +      (B)   the management of filing and information retrieval systems; +      (C)   the protection of essential and permanent records; +      (D)   the economical and space-effective storage of noncurrent records; +      (E)   the control over the creation and distribution of forms, reports, +and correspondence; +      (F)   the management of manual, micrographic, electronic, and other +records storage systems; and +      (G)   the identification of functional recordkeeping requirements that +ensure city records are created to adequately document the city’s business +transactions. +   (14)   RECORDS MANAGEMENT OFFICER means the person appointed by the city +secretary, in accordance with Chapter IIIA, Section 3 of the city charter, to +fill the position designated by the city council, pursuant to the Local +Government Records Act, to administer the city’s records management program. +   (15)   RECORDS MANAGEMENT PROGRAM means the requirements, policies, and +procedures developed under Section +39C-10 of this chapter. +   (16)   RECORDS MANAGEMENT POLICY COMMITTEE means the committee established +under Section +39C-8 of this chapter. +   (17)   RECORDS RETENTION AND DISPOSITION SCHEDULE means a document prepared +by or under the authority of the records management officer that describes +recurring records or records series on a continuing basis, indicating for each +record or records series: +      (A)   the length of time the record or records series is to be maintained +in a department or in DMARC; +      (B)   when and if the record or records series may be destroyed or +otherwise disposed of; and +      (C)   other records disposition information that the records management +program may require. +   (18)   RETENTION PERIOD means the minimum time that must pass after the +creation, recording, or receipt of a city record, or after the fulfillment of +certain actions associated with a city record, before the record is eligible +for disposition. (Ord. Nos. 20787; 23267) +SEC. 39C-4.   DESIGNATION OF RECORDS MANAGEMENT OFFICER. +   (a)   The records management officer shall be appointed by the city +secretary to implement and administer the city’s records management program in +compliance with this chapter, the city charter, state law, and policies adopted +by the records management policy committee. The records management officer must +be a person professionally competent by experience and training to administer +the records management program. +   (b)   Upon the records management officer’s resignation, retirement, +dismissal, or removal by action, the officer’s successor shall, within 30 days +after being appointed by the city secretary, file the successor’s name with the +director and librarian of the Texas State Library and Archives Commission, as +prescribed by state law. (Ord. Nos. 20787; 23267) +SEC. 39C-5.   OWNERSHIP AND CUSTODY OF CITY RECORDS. +   (a)   Every city record is the property of the city. No city officer or +employee has, by virtue of the position of the city officer or employee, any +personal or property right to a city record even though the city officer or +employee may have developed or compiled the record. The unauthorized +alteration, destruction, deletion, removal from files, or use of a city record +is prohibited. A city record exempted from public disclosure under state or +federal law is not made subject to disclosure by its designation as city +property under this section. +   (b)   A city record may not be sold, loaned, given away, destroyed, or +otherwise alienated from the city’s custody unless in accordance with this +chapter or unless destroyed as directed by an expunction order issued by a +district court pursuant to state law. This subsection does not apply to a city +record that is temporarily transferred to a contractor for purposes of +microfilming, duplication, conversion to electronic media, restoration, or a +similar records management and preservation procedure if the transfer is +authorized by the records management officer. +   (c)   Except when a city record is transferred into the archival custody of +DMARC as provided in Subsection (e), legal custody of a city record created or +received by a department during the course of business remains with the +department director or with the department director of any designated successor +of the department. The legal custodian, as guardian of the record, does not +relinquish responsibility for the care, preservation, or legal disposition of +the record even though physical custody of the record for maintenance and +preservation purposes may be held by another department or agency. The physical +custodian of the record is also responsible for complying with all records +management program requirements, policies, and procedures. An original city +record may not leave the custody of the department concerned when being used by +a member of the public. +   (d)   Every officer or employee shall deliver to any successor all city +records pertaining to the office held by the city officer or employee. +   (e)   The legal and physical custody of a city record that has continuing +historical value to the city may be transferred to DMARC upon agreement between +the department director and the records management officer. DMARC’s custody of +the record subsequently will be known as archival custody, and ownership of the +record remains with the city. +   (f)   DMARC shall have legal and physical custody of all city records +belonging to any defunct department that does not have a named successor. +   (g)   The records management policy committee shall review and determine, as +necessary, custodial responsibilities for city-wide electronic applications. +Custodial responsibility must be determined prior to systems design or +implementation. (Ord. Nos. 20787; 23267) +SEC. 39C-6.   RECORDS INVOLVED IN PUBLIC INFORMATION REQUESTS, PENDING +LITIGATION, OR PENDING AUDITS. +   The destruction of a city record involved in a pending request under the +Public Information Act, pending litigation, or a pending audit is prohibited, +even if the destruction of the record is authorized by an approved records +retention and disposition schedule. (Ord. Nos. 20787; 23267) +SEC. 39C-7.   DUTIES AND RESPONSIBILITIES OF THE CITY COUNCIL. +   The city council shall: +      (1)   establish, promote, and support an active and continuing program +for the efficient and economical management of all city records; +      (2)   cause policies and procedures to be developed for the +administration of the records management program under the direction of the +records management officer; + ��    (3)   facilitate the creation and maintenance of city records containing +adequate and proper documentation of the organization, functions, policies, +decisions, procedures, and essential transactions of the city and designed to +furnish the information necessary to protect the legal and financial rights of +the city, the state, and persons affected by the activities of the city; +      (4)   facilitate the identification and preservation of city records that +are of permanent value; +      (5)   facilitate the identification and protection of essential records; +      (6)   approve all records retention and disposition schedules, after +review and approval of the department director, the records management officer, +and the records management policy committee, and direct the records management +officer to file approved schedules or a written certification of compliance +with the director and librarian of the Texas State Library and Archives +Commission as required by state law and this chapter; and +      (7)   be subject to the same duties and responsibilities required of a +department by this chapter, any policy or procedure established under this +chapter, and state law, and the mayor shall be subject to the same duties and +responsibilities required of a department director by this chapter, any policy +or procedure established under this chapter, and state law. (Ord. Nos. 20787; +23267) +SEC. 39C-8.   ESTABLISHMENT OF THE RECORDS MANAGEMENT POLICY COMMITTEE. +   (a)   A records management policy committee consisting of the city attorney, +the city auditor, the city manager, and the city secretary is hereby +established. Three members of the committee constitute a quorum. A member of +the committee may designate a representative to serve in the member’s place by +filing a written designation with the city secretary. Each action of the +committee requires a majority vote of the committee members present. +   (b)   The records management officer shall attend committee meetings, +participate in discussions, and serve as a nonvoting advisor to the committee. +   (c)   The city secretary shall: +      (1)   chair the committee; +      (2)   coordinate, document, and report to the city council the actions of +the committee; and +      (3)   oversee the city’s records management program as administered by +the records management officer. +   (d)   The committee shall: +      (1)   review and approve policy and procedural recommendations submitted +by the records management officer and establish other requirements, policies, +and procedures necessary for the implementation and administration of the +records management program for the city; +      (2)   review the performance of the records management program on a +regular basis and propose changes and improvements if needed; +      (3)   review and approve records retention and disposition schedules +submitted by the records management officer; +      (4)   give final approval to the destruction of records in accordance +with approved records retention and disposition schedules; +      (5)   actively support and promote the records management program +throughout the city; and +      (6)   review city-wide and departmental policies as the committee +determines necessary to ensure compliance with the records management program, +this chapter, and state law. (Ord. Nos. 20787; 23267) +SEC. 39C-9.   DUTIES AND RESPONSIBILITIES OF RECORDS MANAGEMENT OFFICER. +   In addition to other duties assigned by this chapter and state law, the +records management officer shall: +      (1)   administer the city’s records management program under the +direction of the city secretary and provide advice and assistance to department +directors in its implementation; +      (2)   recommend and prepare for approval by the records management policy +committee requirements, policies, and procedures for the city’s records +management program; +      (3)   review, approve, and submit for the approval of the records +management policy committee and the city council records retention and +disposition schedules for all departments in accordance with Section +39C-14 of this chapter; +      (4)   in cooperation with department directors, identify essential +records and establish a records disaster and recovery plan for each department +to ensure maximum availability of the records in order to re- establish +operations quickly and with minimum disruption and expense; +      (5)   monitor records retention schedules and administrative rules issued +by the Texas State Library and Archives Commission to determine if the records +management program and the city’s records retention and disposition schedules +are in compliance with state regulations; +      (6)   disseminate to the city council, the department directors, and the +records management policy committee information concerning state laws and +administrative rules relating to city records; +      (7)   instruct records liaison officers and other personnel in records +management program policies and procedures; +      (8)   direct records liaison officers and other personnel in the conduct +of records inventories in preparation for the development of records retention +and disposition schedules as required by the records management program, this +chapter, and state law; +      (9)   ensure that the creation, maintenance, preservation, microfilming, +electronic storage, destruction, and other disposition of city records is +carried out in accordance with the requirements, policies, and procedures of +the records management program, this chapter, and state law; +      (10)   file in accordance with state law a written certification of +compliance with the director and librarian of the Texas State Library and +Archives Commission stating that the city has adopted a records retention and +disposition schedule or an amended schedule that meets minimum requirements +adopted by the Texas State Library and Archives Commission, in lieu of filing +the records retention and disposition schedule or amended schedule with the +director and librarian; +      (11)   report annually to the city council on records management program +accomplishments, issues, and compliance status; +      (12)   bring to the attention of the records management policy committee, +the city manager, and the city council any noncompliance by a department +director or other personnel with the requirements, policies, and procedures of +the records management program, this chapter, or state law; +      (13)   certify compliance of the city’s electronic recordkeeping systems +to the director and librarian of the Texas State Library and Archives +Commission as required by state law; +      (14)   develop, and submit for approval by the records management policy +committee, procedures to ensure the permanent preservation of the historically +valuable records of the city; +      (15)   conduct periodic reviews of departmental recordkeeping practices +and records retention and disposition schedules to ensure that the schedules +are kept current; +      (16)   provide uniform standards and efficient controls over the +creation, identification, appraisal, maintenance, protection, preservation, +transfer, retention, and disposition of city records; +      (17)   conduct surveys, studies, and information systems assessments to +assist in promoting a proper and efficient records management program for the +city, including microfilming services and automated information systems, and +report the results of such surveys, studies, and assessments to the records +management policy committee; +      (18)   inspect all city records as directed by the records management +policy committee, the city secretary, or the city council, or as otherwise +necessary to ensure compliance with the records management program, this +chapter, and state law; +      (19)   review city-wide and departmental policies as the records +management officer determines necessary to ensure compliance with the records +management program, this chapter, and state law; +      (20)   in cooperation with department directors, incorporate records +management policies, objectives, responsibilities, and authorities in pertinent +departmental directives in accordance with the records management program, this +chapter, and state law; +      (21)   establish, and submit for approval by the records management +policy committee, procedures for addressing records management program +requirements at the design phase of recordkeeping systems in accordance with +the records management program, this chapter, and state law; +      (22)   review user requirements, cost feasibility studies, systems +requirements, systems specifications, bid specifications, and other systems +design documents to ensure that recordkeeping requirements and public access +requirements are incorporated into electronic recordkeeping systems at the +design phase in accordance with the records management program, this chapter, +and state law; +      (23)   establish, and submit for approval by the records management +policy committee, procedures for the use of approved general retention and +disposition schedules by city departments in accordance with the records +management program, this chapter, and state law; +      (24)   serve as the city’s liaison to the director and librarian of the +Texas State Library and Archives Commission for records management program +requirements; and +      (25)   file any revisions to this chapter with the director and librarian +of the Texas State Library and Archives Commission within 30 days after +adoption as required by state law. (Ord. Nos. 20787; 23267) +SEC. 39C-10.   RECORDS MANAGEMENT PROGRAM TO BE DEVELOPED; APPROVAL OF PROGRAM; +AUTHORITY OF PROGRAM. +   (a)   The records management officer and the records management policy +committee shall develop a city-wide records management program. Program +requirements, policies, and procedures must be in the form of an administrative +directive or in a form or manner determined by the records management policy +committee. The program requirements, policies, and procedures must be designed +to enable the records management officer to carry out duties as prescribed by +this chapter and state law. +   (b)   The records management program requirements, policies, and procedures +must: +      (1)   adequately protect the essential records of the city; +      (2)   properly preserve city records that are of historical value; +      (3)   establish criteria for city-wide and departmental records +management program compliance, including requirements for conducting +departmental records inventories, preparing retention and disposition +schedules, and certifying retention and disposition schedules and electronic +recordkeeping systems; +      (4)   establish functional recordkeeping requirements to improve the +efficiency of recordkeeping and to ensure the creation of adequate and proper +documentation of the city’s activities and transactions; +      (5)   create policies to implement rules adopted by the Texas State +Library and Archives Commission and required by state law, including +requirements for public access, microfilming, electronic document imaging, and +electronic storage of city records; +      (6)   create policies to address records management program requirements +and needs as technology evolves; +      (7)   provide for review by the records management officer and records +management policy committee of all electronic recordkeeping systems design +prior to purchase or implementation of the systems; +      (8)   ensure the development and maintenance of up-to-date documentation +for all electronic records systems that will adequately specify the technical +characteristics of each system necessary to reading, processing, or preserving +city records until the disposition of the records is authorized; +      (9)   provide for the creation of adequate audit trails; +      (10)   incorporate electronic records management objectives, +responsibilities, and authorities in pertinent city directives, policies, and +procedures; and +      (11)   ensure the ability to access city records regardless of form or +medium. +   (c)   The records management program requirements, policies, and procedures +are binding on all city officers and employees and on all departments, offices, +agencies, divisions, programs, commissions, bureaus, boards, committees, task +forces, ad hoc committees, and similar entities of the city. (Ord. Nos. 20787; +23267) +SEC. 39C-11.   DUTIES AND RESPONSIBILITIES OF DEPARTMENT DIRECTORS. +   (a)   In addition to other duties assigned by this chapter and state law, +every department director shall: +      (1)   cooperate with the records management officer in carrying out the +policies and procedures established in the city for the efficient and +economical management of city records and in carrying out the requirements of +the records management program, this chapter, and state law; +      (2)   adequately document the transaction of government business and the +policies, services, programs, functions, activities, and duties for which the +department director and department staff are responsible; +      (3)   maintain city records in the department director’s custody and +carry out the preservation, microfilming, electronic storage, destruction, and +other disposition of those records only in accordance with the records +management program, this chapter, and state law; +      (4)   review and approve records retention and disposition schedules and +requests to dispose of city records that are prepared and submitted by or under +the direction of the records management officer; +      (5)   notify the records management officer within 24 hours of the +discovery of any loss, theft, or damage to a city record; +      (6)   ensure the ability to access records regardless of form or medium; +      (7)   biannually submit a records management program compliance status +report to the records management officer; +      (8)   notify the records management officer of proposed electronic +recordkeeping systems to ensure compliance with electronic recordkeeping +requirements established by the records management program, this chapter, and +state law; +      (9)   ensure electronic records in the director’s custody are migrated +forward as technology changes, for as long as the records are determined to +have value, and ensure that requests for funding for new systems or systems +enhancements address requirements for back-up, re-copying, disaster recovery, +security, public access, audit trails, and other recordkeeping requirements in +accordance with the records management program, this chapter, and state law; +      (10)   conduct a cost feasibility study that incorporates document +profiles and a work flow analysis for proposed electronic recordkeeping systems +or systems enhancements in accordance with the records management program, this +chapter, and state law; +      (11)   appoint a department records liaison officer in accordance with +Section +39C-12 of this chapter; +      (12)   incorporate records management program requirements in pertinent +departmental policies and procedures; +      (13)   in cooperation with the records management officer, identify +essential records of the department and establish a records disaster and +recovery plan to ensure maximum availability of the records to re-establish +operations quickly and with minimum disruption and expense; +      (14)   prepare and submit to the records management officer all requests +for authorization to create or store records electronically, which requests +must be submitted in a form and manner approved by the records management +officer and the records management policy committee so that they may be +submitted by the records management officer to the director and librarian of +the Texas State Library and Archives Commission as part of the city’s +certification of systems compliance as required by the records management +program, this chapter, and state law; +      (15)   submit a departmental records inventory, verified by the +departmental records liaison officer, to the records management officer in +accordance with criteria established by the records management officer and the +records management policy committee; and +      (16)   annually review departmental records retention and disposition +schedules to ensure that the schedules are kept current. +   (b)   No state law, federal law, city ordinance, or policy relating to the +duties, recordkeeping requirements, or other responsibilities of a department +director exempts the department director or city records in the department +director’s custody from the application of this chapter and the records +management program adopted under this chapter, nor may such a law or policy be +used by the department director as a basis for refusing to participate in the +records management program of the city. (Ord. Nos. 20787; 23267) +SEC. 39C-12.   DESIGNATION OF RECORDS LIAISON OFFICERS. +   (a)   Each department director shall designate in writing to the records +management officer a member of the department director’s staff to serve as the +records liaison officer for the implementation of the records management +program in the department. If the records management officer determines that +more than one records liaison officer should be designated for a department, +the department director shall designate the number of records liaison officers +specified by the records management officer. The department director may serve +as records liaison officer for a department. +   (b)   A person designated as a records liaison officer shall be thoroughly +familiar with departmental policies and activities and have full knowledge of +and access to all city records created and maintained by the department and by +all officers and employees of the department. +   (c)   If a person designated as a records liaison officer resigns, retires, +or is removed by action of the department director, the department director +shall promptly designate another person to fill the vacancy. (Ord. Nos. 20787; +23267) +SEC. 39C-13.   DUTIES AND RESPONSIBILITIES OF RECORDS LIAISON OFFICERS. +   In addition to other duties assigned by this chapter and state law, a +records liaison officer shall: +   (1)   in cooperation with the records management officer, coordinate and +implement the requirements, policies, and procedures of the records management +program in the department; +   (2)   disseminate information to department staff concerning the records +management program; +   (3)   in cooperation with the records management officer, coordinate the +records inventory of the department; +   (4)   verify the accuracy, content, and completeness of the records +inventory prior to submission to the records management officer; +   (5)   review departmental recordkeeping practices for compliance with the +records management program and, in consultation with the records management +officer, identify practices that require improvement for the purposes of +increasing efficiency or implementing corrective action for program compliance; +   (6)   report any noncompliance with the records management program to the +department director in writing; and +   (7)   correct and re-submit to the records management officer any records +inventory that is incomplete or inaccurate. (Ord. Nos. 20787; 23267) +SEC. 39C-14.   RECORDS RETENTION AND DISPOSITION SCHEDULES; APPROVAL; FILING +WITH THE STATE. +   (a)   The records management officer, in cooperation with department +directors and records liaison officers, shall prepare records retention and +disposition schedules on a department by department basis that describe, and +establish the retention periods for, all city records created or received by +each department. A records retention and disposition schedule must contain such +other information regarding the disposition of city records as the records +management program may require. Every city record identified on a records +retention and disposition schedule, in any amendment to the schedule, or in any +request for destruction of a record must be specifically described. Any records +retention and disposition schedule, amendment to a schedule, or request for +destruction of a record that contains general terms such as “miscellaneous” and +“various” to describe any record identified in such a document may not be +submitted to the city council, the records management policy committee, or the +records management officer for consideration. +   (b)   Each records retention and disposition schedule must be monitored and +amended as needed by the records management officer on a regular basis to +ensure that the schedule is in compliance with records retention and +disposition schedules issued by the state and that the schedule continues to +reflect the recordkeeping procedures and needs of the department and the +records management program of the city. +   (c)   Before its adoption by the city council, a records retention and +disposition schedule or amended schedule for a department must be approved by +the department director, the records management officer, and the records +management policy committee. +   (d)   After city council adoption, a records retention and disposition +schedule may not be implemented until the schedule or a written certification +of compliance has been submitted by the records management officer to and +accepted for filing by the director and librarian of the Texas State Library +and Archives Commission, as provided by state law. If a schedule or +certification of compliance is not accepted for filing, the schedule must be +amended and re-submitted to the city council for adoption to make it acceptable +for filing. +   (e)   The records management officer shall determine whether to file with +the director and librarian of the Texas State Library and Archives Commission +an approved records retention and disposition schedule or a written +certification of compliance. (Ord. Nos. 20787; 23267) +SEC. 39C-15.   IMPLEMENTATION OF RECORDS RETENTION AND DISPOSITION SCHEDULES; +DESTRUCTION OF CITY RECORDS UNDER SCHEDULE. +   (a)   The department director and records liaison officer of a department +for which a records retention and disposition schedule has been approved and +adopted under Section +39C-14 shall implement the schedule in accordance with the requirements, +policies, and procedures of the records management program, this chapter, and +state law. +   (b)   A department director or records liaison officer shall notify the +records management officer when a city record is eligible for disposition and +shall prepare and submit to the records management officer a records +disposition request, if required by the applicable records retention and +disposition schedule, as a condition for disposition of the city record. +   (c)   Before a city record is destroyed under an approved records retention +and disposition schedule, the records management officer must obtain +authorization for the destruction from the records management policy committee, +unless the approved schedule specifies that the record may be destroyed without +additional review or authority of the records management policy committee. +   (d)   A city record whose retention period has expired on an approved +records retention and disposition schedule must be destroyed unless: +      (1)   a request under the Public Information Act is pending on the +record; +      (2)   the subject matter of the record is pertinent to pending litigation +or a pending audit; +      (3)   the department director or a member of the records management +policy committee requests in writing to the records management officer that the +record be retained for an additional period, which request must clearly state +the reason for the continued retention; or +      (4)   the records management officer sends written notification to a +department director that the records must be held pending review for historical +appraisal. (Ord. Nos. 20787; 23267) +SEC. 39C-16.   DESTRUCTION OF UNSCHEDULED RECORDS. +   A city record that is obsolete or that has not been identified on an +approved records retention and disposition schedule may be destroyed if: +      (1)   its destruction has been approved in the same manner required by +this chapter for the destruction of a record that is identified on an approved +records retention and disposition schedule; and +      (2)   the Texas State Library and Archives Commission has: +         (A)   through its director and librarian approved a request for +destruction authorization submitted by the records management officer; or +         (B)   by rule excepted the destruction of the record from further +notice to the director and librarian of the Texas State Library and Archives +Commission. (Ord. Nos. 20787; 23267) +SEC. 39C-17.   DALLAS MUNICIPAL ARCHIVES AND RECORDS CENTER. +   (a)   The Dallas municipal archives and records center (DMARC) serves as a +centralized records storage facility for all departments for the storage of +noncurrent city records. DMARC also serves as the repository for permanent and +historical city records that are transferred to the facility by departments. +   (b)   DMARC is under the direct control and supervision of the records +management officer. The records management officer shall establish policies and +procedures regulating the operations and use of DMARC by city departments. +(Ord. Nos. 20787; 23267) +SEC. 39C-18.   MICROFILMING CITY RECORDS. +   (a)   City records may be microfilmed in accordance with the records +management program, this chapter, state law, and the administrative rules of +the Texas State Library and Archives Commission. +   (b)   Every department director shall coordinate the microfilming of a city +record with the records management officer. The records management officer +shall periodically review each department’s microfilm programs as to cost- +effectiveness, administrative efficiency, and compliance with the records +management program, this chapter, state law, and the administrative rules of +the Texas State Library and Archives Commission. (Ord. Nos. 20787; 23267) +SEC. 39C-19.   ELECTRONIC STORAGE OF CITY RECORDS. +   (a)   The creation, maintenance, preservation, electronic document imaging, +and storage of the electronic records of the city must comply with the records +management program, this chapter, state law, and the administrative rules of +the Texas State Library and Archives Commission. +   (b)   Before a city record may be stored electronically, a department +director must submit a request for authorization for the electronic storage of +the record to the records management officer as required by the records +management program, this chapter, and state law. (Ord. Nos. 20787; 22026; +23267) +SEC. 39C-20.   RIGHT OF RECOVERY. +   The city may demand and receive from any person any city record in private +possession that was created or received by the city, the removal of which was +not authorized by law. (Ord. Nos. 20787; 23267) +SEC. 39C-21.   PENALTY. +   An officer or employee who knowingly or intentionally violates a provision +of this chapter or a requirement, policy, or procedure adopted under this +chapter may be subject to prosecution and penalties under the Local Government +Records Act. (Ord. Nos. 20787; 23267) +CHAPTER 40 +RAT CONTROL +ARTICLE I. +IN GENERAL. +Sec. +40-1.   Definitions. +Sec. +40-2.   Places where food exposed or offered for sale. +Sec. +40-3.   Dumping or placing garbage and waste on land or water. +Sec. +40-4.   Accumulation of lumber, boxes, etc. +Sec. +40-5.   Penalty. +ARTICLE II. +BUSINESS BUILDINGS. +Sec. +40-6.   Construction of buildings to conform to chapter. +Sec. +40-7.   Inspections to determine rat infestation; order to protect against +infestation. +Sec. +40-8.   Inspections to determine compliance with chapter. +Sec. +40-9.   Minimum requirements for applying rat-stoppage to buildings. +Sec. +40-10.   Trapping and poisoning rats. +Sec. +40-11.   Protection against climbing or roof rats. +Sec. +40-12.   Authority to close building. +Sec. +40-13.   Using building so that rat harborage brought into existence. +ARTICLE I. +IN GENERAL. +SEC. 40-1.   DEFINITIONS. +   For the purposes of this chapter, the following words and phrases shall have +the meanings respectively ascribed to them by this section: +      (1)   BUSINESS BUILDING means any structure, whether public or private, +regardless of the type of material used in its construction, located within the +boundaries of the city that is adapted to the occupancy for transaction of +business, whether vacant or occupied, for the rendering of professional +services, for the display, sale or storage of goods, wares or merchandise, or +for the performance of work or labor, including hotels, rooming houses, beer +parlors, office buildings, public buildings, stores, markets, restaurants, +grain elevators and abattoirs, warehouses, workshops and factories. +      (2)   DIRECTOR means the director of the department designated by the +city manager to enforce and administer this chapter and includes +representatives, agents, or department employees designated by the director. +      (3)   OPENING means and refers to any opening in the foundation, side, or +walls of any business building, including roof, chimney eaves, grills, windows, +sidewalk grates, and sidewalk elevators, through which a rat may pass. +      (4)   PERSON means any owner, occupant, agent, individual, partnership, +or corporation, or any other person in custody of any business building. +      (5)   PREMISES means all business buildings, outhouses, sheds, barns, +garages, docks, wharves, piers, grain elevators, and abattoirs, whether public +or private, and any and all other structures used in connection with the +operation of any business building. +      (6)   RAT HARBORAGE means any condition found to exist under which rats +may find shelter or protection, and includes any defective construction that +would permit the entrance of rats into any business building. +      (7)   RAT STOPPAGE means an inexpensive form of rat-proofing designed to +prevent the ingress of rats into business buildings. It is essentially the +closing or protecting of all openings in exterior walls and foundations or the +gates in a sidewalk of business buildings with rat-proof materials installed in +such a manner as to prevent rats from gaining entrance. (Ord. Nos. 7847; 27697) +SEC. 40-2.   PLACES WHERE FOOD EXPOSED OR OFFERED FOR SALE. +   Curb or farmers’ markets in which fruit or vegetables or any other food +products are exposed and offered for sale, on racks, stands, platforms and in +vehicles outside of business buildings, shall have floors paved with concrete +or asphalt for the entire surface area of the market. Display racks, stands or +platforms on which fruit or vegetables or any other food products are displayed +or offered for sale shall be of sufficient height that all such fruit, +vegetables or other food products shall be kept at a distance of not less than +18 inches above the floor pavement and be so constructed that rats cannot +harbor therein or thereunder. (Ord. 7847) +SEC. 40-3.   DUMPING OR PLACING GARBAGE AND WASTE ON LAND OR WATER. +   (a)   It shall be unlawful for any person to dump or place on any land or on +any water or waterway within the city any dead animal, butchers’ offal, +seafood, or any waste vegetables, animal matter, or any food products +whatsoever. +   (b)   No garbage, rubbish, waste, or manure may be placed, left, dumped, or +permitted to accumulate or remain in any building or premises in the city so +that it shall or may afford food for or a harboring or breeding place for rats. +Rat burrows and other exterior harborage shall be treated under methods +directed by the director. (Ord. Nos. 7847; 27697) +SEC. 40-4.   ACCUMULATION OF LUMBER, BOXES, ETC. +   It shall be unlawful for any person to permit any premises, improved or +unimproved, and all open lots and alleys in the city, to accumulate lumber, +boxes, barrels, bricks or stones and similar materials that may be permitted to +remain thereon and that may be used as a harborage by rats, unless same shall +be placed on open racks and elevated not less than 18 inches above the ground, +with a clear intervening space underneath, to prevent the harborage of rats. +(Ord. 7847) +SEC. 40-5.   PENALTY. +   (a)   Any person who violates any provision of this chapter, except where it +is shown that the person has endeavored to obtain the necessary materials +required to ratproof the buildings covered by this chapter and that such +materials were not available, is guilty of an offense. +   (b)   An offense under this chapter is punishable by a fine of not more than +$2,000 and, upon a first conviction of a violation of Section +40-4 of this chapter, not less than $200. +   (c)   The minimum fine established in Subsection (b) shall be doubled for +the second conviction of the same offense within any 24-month period and +trebled for the third and subsequent convictions of the same offense within any +24-month period. At no time shall the minimum fine exceed the maximum fine +established in Subsection (b). +(Ord. Nos. 7847; 19963; 20599) +ARTICLE II. +BUSINESS BUILDINGS. +SEC. 40-6.   CONSTRUCTION OF BUILDINGS TO CONFORM TO CHAPTER. +   It shall be unlawful for any person to construct within the corporate limits +of the city any business building, curb, or farmers’ market, unless such +construction renders the business building ratproof in accordance with the +regulations prescribed by this chapter. (Ord. Nos. 7847; 27697) +SEC. 40-7.   INSPECTIONS TO DETERMINE RAT INFESTATION; ORDER TO PROTECT AGAINST +INFESTATION. +   The director is authorized to make frequent and unannounced inspections of +existing business buildings within the corporate limits of the city for the +purpose of determining any rat infestation, and order by written notice either +the owner, occupant, agent, or any other person in custody of any rat-infested +business building to protect such business building by rat-stoppage as provided +in this chapter, regardless of the need for the remodeling of or repairs to +such business buildings, and further order that such other rat control methods +be employed as may be deemed necessary by the director to maintain business +buildings free from rats. The written notice or order must specify the time, in +no event less than 15 days, for completion of such work and improvements. +Unless such work and improvements are completed in accordance with the written +order or notice by either the owner, whether individual, partnership, +corporation, occupant, agent, or any other person in custody of the business +building within the time so specified or within the time to which a written +extension has been granted by the director, then, in such event, the owner, +occupant, agent, or any other person in custody of the building shall be deemed +guilty of an offense under this chapter. (Ord. Nos. 7847; 27697) +SEC. 40-8.   INSPECTIONS TO DETERMINE COMPLIANCE WITH CHAPTER. +   In accordance with state law, the city health officer, or his +representative, is authorized to make inspections during the course of and upon +completion of any construction, repairs, remodeling, or installation of rat- +control measures to business buildings to ensure compliance with this chapter, +and no person shall interfere with or refuse to permit such inspection. (Ord. +Nos. 7847; 17226; 27697) +SEC. 40-9.   MINIMUM REQUIREMENTS FOR APPLYING RAT-STOPPAGE TO BUILDINGS. +   For the purpose of obtaining maximum rat- stoppage at a minimum cost to the +owner or occupant of business buildings, the following regulations are set +forth as the minimum requirements for applying rat- stoppage to business +buildings: +   (a)   Approval of materials and method. The director shall approve all +materials used and the method of installation. +   (b)   Specifications for metal. Solid sheet metal, expanded metal, and wire +cloth specified in these regulations must have a rust-resisting, protective +coating, preferably galvanized. +   (c)   Coverings for foundation wall ventilator openings. All foundation wall +ventilator openings must be covered for their entire height and width with +perforated sheet metal plates of a thickness not less than 14 gauge, or with +expanded sheet metal of a thickness not less than 18 gauge, or with cast iron +grilles or grates, or with any other material of sufficient strength and equal +rat-resisting properties. The openings in the metal must be small enough to +prevent the ingress of rats, and in no instance larger than one- half inch. +   (d)   Miscellaneous foundation and exterior wall openings. All foundations +and exterior wall openings, excluding those used for the purpose of +ventilation, light, doors, and windows, such as those openings around pipes, +electric cables, conduits, openings due to deteriorated wall, masonry or +concrete, shall be protected against the ingress of rats by closing such +openings with cement mortar, concrete or masonry, or close-fitting sheet metal +or suitable size pipe flanges or other material with equal rat-resisting +properties, which shall be securely fastened in place. +   (e)   Doors. +      (1)   All exposed edges of the lower eight inches of wooden doors and +door jambs, serving as front, rear, or side entrances into business buildings, +from the ground, basement or cellar floors, and other doors accessible to rats, +must be protected against the gnawing of rats by covering such door and jambs +with solid sheet metal of not less than 24 gauge thickness. The same material +must be used on door sills or thresholds, or such door sills or thresholds may +be constructed of cement, stone, steel, or cast iron. +      (2)   All doors on which metal flashing has been applied must be properly +hinged to provide for free swinging. When closed, doors must fit snugly so that +the maximum clearance between any door, door jambs, and sill is not greater +than three-eighths of an inch. +      (3)   Doors, door jambs, and sills of coal chutes and hatchways that are +constructed of wood must be covered with solid sheet metal of 24 gauge or +heavier, or they may be replaced with metal chutes of 24 gauge or heavier +installed in such a manner as will prevent the ingress of rats. +      (4)   Door jambs and sills constructed of metal, concrete, masonry, +stone, or cement mortar, or cast iron and steel, when fitting closely to +exclude rats, are not required to comply with this subsection. +   (f)   Windows. +      (1)   All windows and other openings for the purpose of light or +ventilation, located in the side or rear of exterior walls and within 30 inches +above the existing ground level immediately below such opening, must be covered +for their entire height and width, including frame, with wire cloth of 19 gauge +or heavier, having a mesh of not larger than one-half inch. +      (2)   All window and other openings for the purpose of light or +ventilation in the exterior walls that may be accessible to rats by way of +exposed pipes, wires, conduits, and other appurtenances must be covered with +guards of wire cloth of 19 gauge or heavier, having a mesh of not larger than +one-half inch, or, in lieu of wire cloth covering, the pipes, wires, conduits, +and other appurtenances must be blocked from rat usage by installing sheet +metal guards of 24 gauge or heavier. Such guards when used on horizontal pipes, +wires, conduits, or other appurtenances must be placed in a vertical position +[and] be snugly fitted around the pipe, wire, conduit, or other appurtenance. +      (3)   Such guard must measure not less than 12 inches beyond and on all +sides of the pipe, wire, conduit, or other appurtenance where the intervening +space between the wall and pipe permits, and must extend 30 inches in an upward +direction and 12 inches in a downward direction, and must be securely fastened +to the pipe, wire, conduit, or other appurtenance and also the adjacent wall +wherever practicable so that the guard will remain in a vertical position at +all times. +      (4)   Such guards when used on vertical pipes, wires, conduits, or other +appurtenances must be fitted snugly around the pipe, wire, conduit, or other +appurtenance, must be placed in a horizontal position (right angle to pipe, +etc.), and must extend horizontally from the pipe, wire, conduit, or other +appurtenance for a minimum distance of 12 inches beyond and on all sides of the +pipe, wire, conduit, or other appurtenance, where the intervening space between +pipe and wall permits, and must be securely fastened to the pipe, wire, +conduit, or other appurtenance and also to the adjacent wall wherever +practicable in such manner that the guard will remain in a horizontal position +at all times. +   (g)   Light wells in sidewalks. +      (1)   Light wells with windows in exterior walls that are located below +the outside ground level must be protected from the ingress of rats by one of +the following methods: +         (A)   Installing over light wells cast iron or steel grills or steel +gratings, or other material of equal strength and rat-resisting properties, +with openings in grills or gratings not to exceed one-half inch in shortest +dimension. +         (B)   Installing securely to and completely covering existing metal +grills that are broken or have openings larger than one-half inch in shortest +dimension, or otherwise defective, with expanded metal of 18 gauge or heavier, +having openings not greater than one-half inch in shortest dimension, or with +16 gauge or heavier wire cloth with one-half inch mesh. +      (2)   At the option of the owner, the opening in the wall of the building +below the grate may be entirely closed with brick or concrete, or partially +closed and the remaining open space covered with 19 gauge or heavier wire cloth +with mesh not to exceed one-half inch. +   (h)   Wood frame exterior wall construction. +      (1)   Business buildings constructed on piers must have the intervening +space between floor level and ground protected against the ingress of rats by +installing a solid masonry or concrete curtain wall not less than four inches +thick around the entire perimeter of the business building and extending such +curtain wall to a depth of not less than 30 inches below the surface of the +ground level with a 12 inch wide, four inch deep horizontal flange of the same +material at the bottom of such concrete wall, or a solid sheet metal curtain +wall of 24 gauge or heavier may be used around the intervening space between +floor level and ground level and tying securely into the concrete chain wall at +ground level. Properly protected ventilators must be installed in chain wall. +      (2)   In lieu of the installation of curtain walls, all ground floors of +wood construction may be replaced with concrete of not less than three inches +in thickness with the exterior walls protected for a height of 12 inches above +the concrete floor with masonry, concrete, or solid sheet metal of 24 gauge or +heavier. Exterior wall protection must be securely tied into the concrete floor +at all points. (Ord. Nos. 7847; 27697) +SEC. 40-10.   TRAPPING AND POISONING RATS. +   (a)   For the purpose of eliminating all rats that may remain in any +business building after rat-stoppage has been carried into effect, all store +rooms, warehouses, or other business buildings in the city shall be provided by +the owner, occupant, agent or any other person in custody of such business +building with one or more traps, which must be kept set and freshly baited at +frequent intervals, maintained in good working condition, and inspected daily, +and any rat or rats caught in each trap must be killed, removed daily, and +disposed of in a manner acceptable to the director, and such trap or traps +reset and rebaited. +   (b)   Rats may also be destroyed by poisoning and fumigating in the manner +approved by the director, or by any other authorized agency of the United +States Public Health Service or the State Board of Health, and subject to +applicable laws and ordinances relating to poisonous substances and fumigators. +(Ord. Nos. 7847; 27697) +SEC. 40-11.   PROTECTION AGAINST CLIMBING OR ROOF RATS. +   (a)   In order to protect business buildings from what is commonly called +the climbing or roof rat, it shall be unlawful to permit fishing poles, +ladders, or any other object that a rat could climb on in order to reach the +roof of any business building to lean against the side or walls of such +business buildings. +   (b)   The owner of a business building shall protect elevator shafts, fire +escapes, and guy wires in such a manner that rats will not be able to gain +ingress into the business building. +   (c)   It shall be the duty of any person in charge of a business building to +trim the branches of all trees extending over and against any business +building, and same shall be cut and trimmed and kept trimmed and cut so that no +part of any branch or any part of said tree shall be closer than 10 feet to any +business building, and the tops of all trees shall be cut back 10 feet from a +line extending perpendicularly from any exterior wall of a business building. +(Ord. Nos. 7847; 27697) +SEC. 40-12.   AUTHORITY TO CLOSE BUILDING. +   When the director finds any building, structure, or premises so heavily +infested with rats resulting in a present menace to the public health, the +director shall have authority to close the building, structure, or premises to +any occupancy or use until rats have been eradicated or while rats are being +eradicated. (Ord. Nos. 7847; 27697) +SEC. 40-13.   USING BUILDING SO THAT RAT HARBORAGE BROUGHT INTO EXISTENCE. +   It shall be unlawful for any person to use or maintain any business building +or premises in such a manner that a rat harborage is brought into existence or +maintained. (Ord. Nos. 7847; 27697) +CHAPTER 40A +RETIREMENT +Sec. +40A-1.   Definitions. +Sec. +40A-2.   Creation of the retirement fund and board of trustees; composition and +officers of the board. +Sec. +40A-3.   Terms and remuneration of the board. +Sec. +40A-4.   Powers, duties, and immunities of the board. +Sec. +40A-4.1.   Investment managers; fiduciary duties. +Sec. +40A-4.2.   Investment custody account. +Sec. +40A-5.   Administrator of the retirement fund. +Sec. +40A-6.   Employee contributions. +Sec. +40A-7.   City contributions. +Sec. +40A-7.1.   Modification of contribution rates. +Sec. +40A-8.   Effect of membership in the retirement fund. +Sec. +40A-9.   Actuarial assumptions. +Sec. +40A-10.   Credited service; computation of benefits. +Sec. +40A-10.1.   Restricted prior service credit. +Sec. +40A-11.   Credited service for employment before a break in service. +Sec. +40A-12.   Credited service for military active duty. +Sec. +40A-13.   Credited service for leave of absence. +Sec. +40A-14.   Reduction in force. +Sec. +40A-15.   Retirement. +Sec. +40A-16.   Retirement pension. +Sec. +40A-17.   Disability retirement. +Sec. +40A-18.   Disability retirement pension. +Sec. +40A-19.   Termination of a disability retirement pension. +Sec. +40A-20.   Re-employment of a retiree. +Sec. +40A-20.1.   Selection of a designee. +Sec. +40A-21.   Death benefits before retirement. +Sec. +40A-22.   Selection of death benefits prior to retirement. +Sec. +40A-23.   Death benefits after retirement. +Sec. +40A-24.   Death benefits to minors. +Sec. +40A-25.   Benefits to incompetent retirees or beneficiaries. +Sec. +40A-26.   Direct rollover. +Sec. +40A-27.   Health benefit supplements. +Sec. +40A-28.   Cost-of-living adjustment to benefits. +Sec. +40A-29.   Termination of city employment prior to retirement; benefits. +Sec. +40A-30.   Refund or forfeiture of contributions. +Sec. +40A-31.   Leave of absence. +Sec. +40A-32.   Leave for military active duty. +Sec. +40A-33.   Compliance with federal tax laws. +Sec. +40A-34.   Nonalienation and nonreduction of benefits. +Sec. +40A-35.   Amendment to this chapter. +SEC. 40A-1.   DEFINITIONS. +   In this chapter, unless the context clearly indicates otherwise: +      (1)   ACTUARIAL EQUIVALENT means the equivalent in value on the basis of +the actuarial factors recommended by the fund's actuary and adopted by the +board. +      (2)   ACTUARIAL VALUATION REPORT means the report issued by the fund's +actuary and adopted by the board for any relevant period. The board shall +provide a copy of each actuarial valuation report to the city promptly after +adoption. +      (3)   ACTUARIALLY REQUIRED CONTRIBUTION RATE means, for any fiscal year, +a rate of contribution to the fund, expressed as a percentage of members' +projected wages for such fiscal year, that is the sum of the following as +determined in the actuarial valuation report for the preceding plan year: +         (A)   the actuarial present value of the pension plan benefits and +expenses that are allocated to a valuation period by the actuarial cost method; +and +         (B)   the contribution that will amortize the difference between the +actuarial accrued liability of the fund and the actuarial value of the assets +of the fund over the period of years required by generally accepted accounting +principles. +      (4)   ACTUARY means a person with at least five years of experience as an +actuary working with one or more public retirement systems; and is a fellow of +the Society of Actuaries, a member of the American Academy of Actuaries, or an +enrolled actuary under the Employees Retirement Income Security Act of 1974 (29 +U.S.C. Section 1001 et seq.). +      (5)   AVERAGE MONTHLY EARNINGS means wages paid by the city, divided by +the number of months of credited service of a member or inactive member, +computed for whichever of the following periods is most beneficial to the +member or inactive member: +         (A)   For Tier A members or inactive members, the: +            (i)   three calendar years of credited service in which the member +or inactive member was paid the highest wage; +            (ii)   last 6,240 hours of credited service; or +            (iii)   length of credited service if less than three years. +         (B)   For Tier B members or inactive members, the: +            (i)   five calendar years of credited service in which the member +or inactive member was paid the highest wage; +            (ii)   last 10,400 hours of credited service; or +            (iii)   length of credited service if less than five years. +      (6)   BASE PENSION means the amount of retirement pension or death +benefits as computed under this chapter at the time of retirement or death of a +member, inactive member, or retiree. +      (7)   BENEFICIARY means a person who is entitled to payment of benefits +under this chapter upon the death of a member, inactive member, or retiree. +      (8)   BOARD means the board of trustees of the employees' retirement fund +of the city of Dallas. +      (9)   CHILD means an unmarried person whose parent is a member, inactive +member, or retiree. +      (10)   CITY means the city of Dallas, Texas. +      (11)   CITY COUNCIL means the governing body of the city of Dallas, +Texas. +      (12)   COMMUTED VALUE means the present value of a series of payments to +be made in the future, the present value to be calculated using the actuarial +interest assumption prescribed in Section +40A-9 as the only discounting factor. +      (13)   CREDITED SERVICE means any period that a person is paid as an +employee of the city and contributes to the fund. +      (14)   CURRENT ADJUSTED TOTAL OBLIGATION RATE means, for any fiscal year, +the rate recommended by the fund's actuary and adopted by the board as follows, +using whichever formula is applicable: +         (A)   If the current total obligation rate minus the prior adjusted +total obligation rate is greater than three, then the current adjusted total +obligation rate for such fiscal year is equal to the lesser of: +            (i)   the prior adjusted total obligation rate plus one-half times +the difference of the current total obligation rate minus the prior adjusted +total obligation rate; or +            (ii)   110 percent times the prior adjusted total obligation rate; +or +            (iii)   36 percent. +         (B)   If the difference between the current total obligation rate and +the prior adjusted total obligation rate is less than three, then the current +adjusted total obligation rate for such fiscal year is equal to the prior +adjusted total obligation rate. +         (C)   If the prior adjusted total obligation rate minus the current +total obligation rate is greater than three, then the current adjusted total +obligation rate for such fiscal year is equal to the greater of: +            (i)   the prior adjusted total obligation rate minus one-half times +the difference of the prior adjusted total obligation rate minus the current +total obligation rate; or +            (ii)   90 percent times the prior adjusted total obligation rate. +      (15)   CURRENT TOTAL OBLIGATION RATE means, for any fiscal year, the rate +adopted by the board that is equal to the sum of the pension obligation bond +credit rate for such fiscal year plus the actuarially required contribution +rate for such fiscal year. +      (16)   DEPENDENT PARENT means a member, inactive member, or retiree's +parent who is: +         (A)   totally and permanently disabled and who receives over half of +the support for each calendar year from the member, inactive member, or +retiree; or +         (B)   65 years of age or older. +      (17)   DESIGNEE means an estate, a person, or an entity selected by: +         (A)   a member or inactive member to receive a refund of contributions +under Section +40A-21(b); +         (B)   a member, inactive member, or retiree to receive a commuted +value lump sum payment under Section +40A-16(e) or +40A-21(c); or +         (C)   a member, inactive member, or retiree to receive the earned but +unpaid portion of the final month's pension due under Section +40A-23(e). +      (18)   EMPLOYEE: +         (A)   means a person employed by the city on a permanent basis who +receives regular compensation from the city; and +         (B)   does not mean: +            (i)   an elective officer or nonsalaried appointive member of an +administrative board or commission; +            (ii)   a person retained under contract for a definite period or +for the performance of a particular service; +            (iii)   a person given a temporary designation for the purpose of +employment by the city; +            (iv)   a leased employee; or +            (v)   a police officer, firefighter, or fire alarm operator as +those categories are defined in the classifications of the personnel department +of the city. +      (19)   FISCAL YEAR means the city's fiscal year, which is the 12-month +period commencing October 1 and ending the following September 30. +      (20)   INACTIVE MEMBER means a person: +         (A)   who has terminated employment with the city but who has not +retired; and +         (B)   whose contributions to the fund have not been forfeited or +withdrawn. +      (21)   INJURY means an accident resulting in damage or harm to the +physical structure of the body. +      (22)   INTERNAL REVENUE CODE means the Internal Revenue Code of 1986, or +its successor, as amended. +      (23)   LEASED EMPLOYEE means an individual who is not a common law +employee of the city but who provides services to the city, if: +         (A)   such services are performed pursuant to an agreement between the +city and another person; +         (B)   the individual has performed such services for the city or for +the city and a related person or persons on a substantially full-time basis for +at least one year; and +         (C)   such services are performed under the primary direction or +control of the city. +      (24)   LEAVE OF ABSENCE means: +         (A)   leave without pay granted by the city in accordance with a +uniform and nondiscriminatory leave policy; or +         (B)   leave during which a member receives worker's compensation +benefits or short-term disability benefits. +      (25)   MEMBER means an employee who is currently contributing to the +retirement fund or who is on an approved leave of absence, but does not include +a person establishing credited service under Section +40A-14 after termination of employment because of reduction in force. +      (26)   NONSERVICE DISABILITY means total and permanent disability caused +by injury, sickness, or disease while not in the performance of official city +duties. +      (27)   PARENT has the meaning ascribed to that term in Section 51.02 of +the Texas Family Code, as amended. +      (28)   PART-TIME EMPLOYEE means an employee classified as part-time by +the city under Section +34-8(c) of this code, as amended. +      (29)   PENSION means an amount payable monthly to a person eligible to +receive death or retirement benefits under the retirement fund. +      (30)   PENSION OBLIGATION BOND CREDIT RATE means, for any fiscal year, +the rate adopted by the board that is a percentage calculated by dividing the: +         (A)   debt service due during such fiscal year on any pension +obligation bonds, the proceeds of which have been deposited in the fund, by +         (B)   total members' projected wages for such fiscal year, as reported +in the relevant actuarial valuation report. +      (31)   PENSION OBLIGATION BONDS means bonds described in Chapter 107 of +the Texas Local Government Code (or any successor law that supersedes such +chapter) and issued by the city. +      (32)   PERCENTAGE MULTIPLIER means the percentage by which the average +monthly earnings of a member or inactive member is multiplied in order to +compute benefits. +      (33)   PERMANENT BASIS means employment of an individual for an unfixed +continuing period. +      (34)   PERSON means an individual. +      (35)   PLAN YEAR means the calendar year or other plan year adopted by +the board. +      (36)   PRICE INDEX means the national Consumer Price Index of Urban Wage +Earners and Clerical Workers (CPI-W) published by the Bureau of Labor +Statistics of the U. S. Department of Labor, or its successor in function. +      (37)   PRIOR ADJUSTED TOTAL OBLIGATION RATE means, for any fiscal year, +the current adjusted total obligation rate that was effective for the prior +fiscal year. +      (38)   QUALIFIED RECIPIENT means: +         (A)   the spouse of a deceased member or inactive member at the time +of death of the member or inactive member; +         (B)   the spouse of a deceased retiree, if the spouse was married to +the retiree at the time of retirement and at the time of the retiree's death; +         (C)   each child of a deceased member, inactive member, or retiree +under the age of 18, if the child was alive or had been conceived at the time +of death of the member, inactive member, or retiree; +         (D)   each totally and permanently disabled child of a deceased +member, inactive member, or retiree if the child was totally and permanently +disabled before the age of 18; and +         (E)   a parent of a deceased member, inactive member, or retiree who +was a dependent parent at the time of death of the member, inactive member, or +retiree. +      (39)   RESTRICTED PRIOR SERVICE CREDIT means service credit for work as a +permanent, full-time, paid employee of a government entity, agency, authority, +or political subdivision of the United States or its states or territories, +performed before employment or re-employment by the city. +      (40)   RETIREE means a person who was once a member but who has retired +from city employment and is receiving a pension from the fund other than a +death benefit. +      (41)   RETIREMENT means terminating city employment for a reason other +than death and fulfilling all requirements for a pension under this chapter. +      (42)   RETIREMENT FUND or FUND means the employees' retirement fund of +the city of Dallas and the program of benefits established under this chapter +and any rule or regulation established by the board. +      (43)   SERVICE DEATH means the death of a member resulting from an injury +sustained while in the performance of official city duties. A death resulting +from an injury sustained while in the performance of official city duties does +not include: +         (A)   a death caused by an act of God unless the member in the +performance of official city duties was subjected to a greater hazard from an +act of God than that to which the general public was subjected; +         (B)   a death caused by an act of a third person who causes the death +of the member because of reasons personal to the third person and not for +reasons of the member's employment; +         (C)   a death caused while the member was attempting to injure or kill +another person; +         (D)   a suicide; +         (E)   a death while on leave of absence, unless the leave was granted +solely because of an injury sustained in the performance of official city +duties and the injury was the primary cause of death; +         (F)   a death while on leave for military active duty; or +         (G)   a death resulting from an injury in which a contributing factor +was the member's ingestion of an alcoholic beverage or illegal ingestion, +inhalation, or injection of a controlled substance. +      (44)   SERVICE DISABILITY means total and permanent disability caused by +injury while in the performance of official city duties. An injury while in the +performance of official city duties does not include: +         (A)   an injury caused by an act of God unless the member in the +performance of official city duties was subjected to a greater hazard from an +act of God than that to which the general public was subjected; +         (B)   an injury caused by an act of a third person who injures the +member because of reasons personal to the third person and not for reasons of +the member's employment; +         (C)   an injury in which a contributing factor was the member's +ingestion of an alcoholic beverage or illegal ingestion, inhalation, or +injection of a controlled substance; +         (D)   an injury caused while the member was attempting to injure or +kill another person; or +         (E)   an injury that was self-inflicted. +      (45)   SPOUSE means the person to whom the member, inactive member, or +retiree is married, as evidenced by the last marriage certificate or +declaration of informal marriage on file with the retirement fund and verified +by the administrator to be valid in the jurisdiction in which the marriage was +celebrated. +      (46)   TIER A means: +         (A)   a person who was: +            (i)   employed by the city before January 1, 2017; or +            (ii)    re-employed or reinstated by the city on or after January +1, 2017, and whose credited service before January 1, 2017, has not been +canceled by withdrawal or forfeiture; and +         (B)   a beneficiary or designee of that person. +      (47)   TIER B means: +         (A)   a person who was: +            (i)   employed by the city on or after January 1, 2017; or +            (ii)    re-employed or reinstated by the city on or after January +1, 2017, and whose prior credited service has been canceled by withdrawal or +forfeiture; and +         (B)   a beneficiary or designee of that person. +      (48)   TOTAL AND PERMANENT DISABILITY means the continuing inability of a +person to obtain and retain any type of employment for compensation as a result +of a mental or physical impairment caused by an injury or illness. A person is +not under a total or permanent disability if, with reasonable effort and safety +to the person, the impairment can be diminished to the extent that the person +will not be prevented by the impairment from obtaining and retaining any type +of employment for compensation. +      (49)   TRANSITION YEAR means each of the following: +         (A)   the first fiscal year in which debt service payments related to +pension obligation bonds are due from the city; and +         (B)   the first fiscal year in which no debt service payments related +to pension obligation bonds are due from the city. +      (50)   VESTED means that a member or inactive member has accumulated +sufficient credited service or age to have earned a nonforfeitable right to +receive a pension benefit, payable in accordance with the terms of the plan. +      (51)   WAGE: +         (A)   means: +            (i)   wages of an employee as defined in Section 3401(a) of the +Internal Revenue Code for income tax withholding, including salary continuation +payments made to an employee with a job-related injury or illness; +            (ii)    compensation that by special rule is excluded from Section +3401(a) of the Internal Revenue Code because of the nature or location of the +services performed; +            (iii)   elective contributions to a plan of deferred compensation, +including a plan established under Section 125, 401(k), or 457 of the Internal +Revenue Code, and elective reductions in compensation for qualified +transportation fringe benefits that are excluded from an employee's gross +income by reason of Section 132(f)(4) of the Internal Revenue Code; and +            (iv)   any lump sum payment made at termination of employment for +accrued vacation leave or prorated service incentive pay; and +         (B)   does not mean: +            (i)   expense reimbursements, expense allowances, car allowances, +or moving expenses; +            (ii)   cash or noncash fringe benefits; +            (iii)   welfare benefits, including, but not limited to, health +benefits or life insurance benefits; +            (iv)   deferred compensation, unless made under a plan described in +Paragraph (A)(iii) of this subsection; +            (v)   any lump sum payment made at retirement for accrued sick +leave or attendance incentive leave; +            (vi)   workers compensation benefits, short-term disability +benefits, or catastrophic leave benefits; or +            (vii)   any compensation in excess of the limits imposed by Section +401(a)(17)(A), as adjusted in accordance with Section 401(a)(17)(B), of the +Internal Revenue Code. (Ord. Nos. 15414; 16886; 17713; 18181; 19470; 20960; +21582; 22345; 25695; 25818; 28739; 29644; 30162) +SEC. 40A-2.   CREATION OF THE RETIREMENT FUND AND BOARD OF TRUSTEES; +COMPOSITION AND OFFICERS OF THE BOARD. +   (a)   Creation. There is hereby created the employees' retirement fund of +the city of Dallas, which is a trust fund, and the board of trustees of the +employees' retirement fund of the city of Dallas. +   (b)   Public entity. The fund is a public entity established for the +exclusive purpose of providing benefits to members and their beneficiaries. +Except as permitted under this chapter or by state law, the employees' +retirement fund of the city of Dallas is the name in which all of its business +must be transacted, all of its funds invested, and all of its cash, securities, +and property held. +   (c)   Composition of the board. +      (1)   The board shall be composed of seven members consisting of: +         (A)   three persons appointed by the city council who may be city +council members; +         (B)   three employees from different departments of the city who are +elected by members of the retirement fund and who are members of the retirement +fund; and +         (C)   the city auditor. +      (2)   If only one eligible employee is nominated for an elected board +position described in Subsection (c)(1)(B) of this section, that employee will +be declared elected to that position by the board without requiring an election +by the members of the retirement fund. +   (d)   Chair and vice chair. +      (1)   The board shall elect a chair and a vice-chair at the first regular +meeting each calendar year. The chair shall call a meeting as frequently as +necessary to conduct the business of the board, but not less than quarterly. In +the absence of the chair, the vice-chair may call meetings or preside over +meetings of the board. +      (2)   If the office of chair or vice-chair becomes vacant, the board will +elect a replacement at its next meeting. (Ord. Nos. 15414; 20960; 21582; 25695; +30162) +SEC. 40A-3.   TERMS AND REMUNERATION OF THE BOARD. +   (a)   Terms. +      (1)   Elected board members. +         (A)   On and after January 1, 2017, the three elected positions on the +board will be designated Place 1, Place 2, and Place 3, respectively, as +determined by the board. +         (B)   The elected members, including incumbents, of the board shall +serve without remuneration and for terms as follows: +            (i)   A member elected to Place 1 will serve a three-year term, +with the initial term running from January 1, 2017, through December 31, 2019. +            (ii)   A member elected to Place 2 will serve a three-year term, +with the initial term running from January 1, 2019, through December 31, 2021. +            (iii)   A member elected to Place 3 will serve a three-year term, +except that the initial term will be for two years and run from January 1, +2019, through December 31, 2020. +      (2)   Appointed board members. The appointed members of the board shall +serve without remuneration and for terms of two years. +   (b)   Vacancy. +      (1)   A position on the board becomes vacant if the occupant: +         (A)   was elected as an employee member and is no longer an employee; +         (B)   was appointed while serving as a city council member and is no +longer a city council member; or +         (C)   gives the chair written notice of resignation from the board. +      (2)   If a vacancy occurs on the board in a position held by: +         (A)   an elected employee member, the board shall hold an election +within 90 days after the vacancy occurs to fill the unexpired term of the +member; or +         (B)   a city council appointee, the city council shall appoint a new +member to fill the unexpired term of the member. (Ord. Nos. 15414; 20960; +21582; 25695; 30162) +SEC. 40A-4.   POWERS, DUTIES, AND IMMUNITIES OF THE BOARD. +   (a)   In addition to other powers and duties it may have under state or +federal law, the board shall have the power and duty to: +      (1)   administer the retirement fund in accordance with this chapter for +the exclusive purposes of providing benefits to members, inactive members, +retirees, and their beneficiaries and defraying reasonable expenses of +administering the fund; +      (2)   adopt rules and regulations not inconsistent with this chapter and +the constitution and laws of this state; +      (3)   invest, reinvest, alter, and change the funds of the retirement +fund with the care, skill, prudence, and diligence under the prevailing +circumstances that a prudent person acting in like capacity and familiar with +matters of the type would use in the conduct of an enterprise with a like +character and like aims; +      (4)   diversify the investments of the fund to minimize the risk of large +losses, unless under the circumstances it is clearly prudent not to do so; +      (5)   pay for professional services out of investments of the retirement +fund when it is actuarially determined that the payments will not have an +adverse effect on payment of benefits and when in the judgment of the board the +services are necessary; +      (6)   appoint an administrator and authorize employees to carry out the +business of the board; +      (7)   establish rates of compensation for employees of the retirement +fund, subject to the approval of the city council and in accordance with civil +service rules of the city; +      (8)   correct administrative errors and remedy any effects of those +errors; +      (9)   make a final determination of the eligibility of a member, inactive +member, retiree, or beneficiary for a normal, early, service, or disability +pension or death benefits; +      (10)   issue subpoenas for the attendance of witnesses and the production +of records, papers, or other objects, administer oaths to witnesses, and +examine witnesses on any matter relating to the payment of benefits of the +retirement fund; +      (11)   determine the time, method, and manner of election to the board; +      (12)   prepare and adopt a budget; +      (13)   pay for fiduciary insurance out of investments of the retirement +fund when it is actuarially determined that the payments will not have an +adverse effect on payment of benefits and when in the judgment of the board the +services are necessary; +      (14)   pay for the costs of administration out of investments of the +retirement fund when it is actuarially determined that the payments will not +have an adverse effect on payment of benefits and when in the judgment of the +board the costs are necessary; +      (15)   sue and be sued in the name of the fund; +      (16)   appoint an actuary and adopt actuarial assumptions for the fund; +      (17)   appoint such other professionals as it deems appropriate and +necessary; +      (18)   interpret this chapter as necessary to resolve any problems +created by any ambiguities, inconsistencies, or omissions that might be found +in this chapter; +      (19)   direct the fund's actuarial firm to perform an annual experience +review of assumptions as part of its annual actuarial valuation; +      (20)   direct the fund's actuarial firm to perform a complete analysis of +actuarial assumptions as frequently as the board deems necessary, but not less +frequently than every five years; and +      (21)   engage a second actuarial firm to perform an actuarial peer +review/audit as the board deems necessary. +   (b)   The board may not cause the fund to engage in a transaction if the +board knows or should know that the transaction directly or indirectly +constitutes a prohibited transaction under Section 503(b) of the Internal +Revenue Code. +   (c)   No expenditures may be made from the retirement fund without the +approval of the board by resolution or by adoption of its budget. +   (d)   The board shall adopt the actuarially required contribution rate, the +current adjusted total obligation rate, the current total obligation rate, and +the pension obligation bond credit rate for each fiscal year no later than June +1 of the preceding fiscal year, and shall promptly notify the city manager of +the adoption. +   (e)   At least every five plan years, or in accordance with state law, +whichever is sooner, the board shall provide 60 days' notice to the city +manager: +      (1)   that the board intends to engage a second actuarial firm to perform +an actuarial peer review/audit; and +      (2)   the name of the actuarial firm the board intends to engage. +   If, within the 60 days, the city manager objects to the actuarial firm +selected, the board shall seek another actuarial firm to perform the peer +review/audit and re-notify the city manager. This process shall repeat until +the city manager no longer objects to the actuarial firm the board intends to +engage. The board shall then engage such actuarial firm for such purpose. If +the process described in Section +40A-7.1 is used, the requirements of this subsection shall be satisfied for the +plan year in which the process concludes. +   (f)   The board shall meet at any time after posting timely notice as +required by law. Four members of the board constitute a quorum. The approval of +four members of the board is necessary for any motion of the board to carry. +   (g)   The board is not liable for its acts and conduct or any losses +incurred in the administration of the retirement fund, the management of the +assets of the fund, or the investment of the fund if the board has met the +standards set forth in Subsections (a) and (b) of this section and in Sections +40A-4.1 and +40A-4.2. +   (h)   If the board, in good faith, is in doubt as to the construction or +interpretation of any provision of this chapter, or has any other question that +may arise during the administration of the retirement fund, the board may +resolve all such doubts and questions without obtaining a judicial +construction. All constructions and interpretations made by the board are +binding and conclusive. +   (i)   The board may consult with an actuary, attorney, physician, or +accountant, who may also be employed by the city. The board is not liable for +any act or conduct that was performed in good faith reliance on the opinion of +an actuary, attorney, physician, or accountant with respect to an actuarial, +legal, medical, or accounting matter, respectively. (Ord. Nos. 15414; 17713; +18181; 19470; 20960; 21582; 22345; 25695; 30162) +SEC. 40A-4.1.   INVESTMENT MANAGERS; FIDUCIARY DUTIES. +   (a)   The board may appoint investment managers for the fund by contracting +for professional investment management services with one or more organizations, +which may include a bank if it has a trust department, that are in the business +of managing investments. +   (b)   To be eligible for appointment under this section, an investment +manager must be: +      (1)   an organization registered under the Investment Advisors Act of +1940 (15 U.S.C. Section 80b-1 et seq.); +      (2)   a bank as defined by that Act; or +      (3)   an insurance company qualified to perform investment services under +the laws of more than one state. +   (c)   In a contract made under this section, the board shall specify any +policies, requirements, or restrictions, including criteria for determining the +quality of investments and for the use of standard rating services, that the +board may adopt for investment of the fund. +   (d)   In choosing and contracting for professional investment management +services and in continuing the use of an investment manager, the board must act +prudently and in the interest of the members, inactive members, retirees, and +their beneficiaries. +   (e)   The board is not liable for the acts or omissions of an investment +manager appointed under this section, nor is the board obligated to invest or +otherwise manage any asset of the fund subject to management by the investment +manager. +   (f)   An investment manager appointed under this section shall acknowledge +in writing the manager's fiduciary responsibilities to the fund, which include +the same duties assigned to the board in Section +40A-4(a)(1), (3), and (4). +   (g)   The investment standards provided by Section +40A-4(a) and (b) and the policies, requirements, and restrictions adopted under +this section are the only standards, policies, requirements, and restrictions +governing the investment of funds of the retirement fund by an investment +manager or by the board during a 90-day interim between professional investment +management services. Any other standard, policy, requirement, or restriction +provided by law is suspended and not applicable during a time, and for 90 days +after a time, in which an investment manager is responsible for investment of +fund assets. If an investment manager has not begun managing investments before +the 91st day after the date of termination of the services of a previous +investment manager, the standards, policies, requirements, and restrictions +otherwise provided by law are applicable until the date professional investment +management services are resumed. (Ord. Nos. 21582; 30162) +SEC. 40A-4.2.   INVESTMENT CUSTODY ACCOUNT. +   (a)   If the board contracts for professional investment management +services, it also shall enter into an investment custody account agreement +designating one or more banks, depository trust companies, or brokerage firms +meeting the requirements under Section 802.205(d) of the Texas Government Code, +as amended, to serve as custodian for the assets allocated to or generated +under the contract. +   (b)   Under an investment custody account agreement, the board shall require +the designated custodian to perform the duties and assume the responsibilities +for funds under the contract for which the agreement is established that are +performed and assumed, in the absence of a contract, by the custodian of system +funds. (Ord. Nos. 21582; 30162) +SEC. 40A-5.   ADMINISTRATOR OF THE RETIREMENT FUND. +   (a)   The administrator of the retirement fund shall carry out the business +of the board and keep a record of the proceedings of the board. +   (b)    The administrator, in accordance with civil service rules of the +city, may appoint and hire deputies and other employees. +   (c)   The administrator shall serve at the will of the board. +   (d)   The administrator is the "plan administrator," as that term is defined +in 26 U.S.C. 414(g). +   (e)   Whenever the term "executive director" is used in relation to the +retirement fund in any plan documents, contracts, resolutions, or other +documents generated by the board or the fund, or in any city +ordinances, resolutions, or contracts related to the fund, that term will mean +"administrator." (Ord. Nos. 15414; 19470; 20960; 21582; 30162) +SEC. 40A-6.   EMPLOYEE CONTRIBUTIONS. +   (a)   Members. Every employee must be a member of the fund except: +      (1)   a retiree re-employed by the city, who may elect not to contribute +to the fund under Section +40A-20; or +      (2)   a leased employee who is not eligible to contribute to the fund. +   (b)   Contribution amount. +      (1)   For each pay period ending during a transition year, each member +shall contribute to the retirement fund an amount equal to 37 percent times the +current total obligation rate for that fiscal year times the member’s wages for +the pay period. +      (2)   For each pay period ending during a fiscal year other than a +transition year, each member shall contribute to the retirement fund an amount +equal to 37 percent times the current adjusted total obligation rate for that +fiscal year times the member’s wages for the pay period. +   (c)   Deductions. The contributions by each member receiving compensation +from the city will normally be made by means of deduction on each payday. +   (d)   Discontinuing contributions. +      (1)   No member may discontinue contributions to the retirement fund +unless the member is on: +         (A)   unpaid leave for military active duty; or +         (B)   a leave of absence. +      (2)   A member who discontinues contributions to the retirement fund +under Subsection (d)(1)(B) will have any retirement or death benefits computed +based on credited service established at the date of discontinuance. (Ord. Nos. +15414; 17713; 19470; 20960; 21582; 25695; 30162) +SEC. 40A-7.   CITY CONTRIBUTIONS. +   (a)   Contribution amount. +      (1)   For each pay period ending during a transition year, the city shall +contribute to the retirement fund an amount equal to: +         (A)   63 percent times the current total obligation rate for that +fiscal year times the members' wages for the pay period, minus +         (B)   the pension obligation bond credit rate for that fiscal year +times the members' wages for the pay period. +      (2)   For each pay period ending during a fiscal year other than a +transition year, the city shall contribute to the retirement fund an amount +equal to: +         (A)   63 percent times the current adjusted total obligation rate for +that fiscal year times the members' wages for the pay period, minus +         (B)   the pension obligation bond credit rate for that fiscal year +times the members' wages for the pay period. +   (b)   The city shall provide for costs of administration of the retirement +fund, if the board determines that payment of the costs by the retirement fund +will have an adverse effect on payment of benefits and that the costs are +necessary. The city may modify any budget provision for administrative costs +that it is being asked to fund under this subsection. +   (c)   The total contributions of the employees and the city must be +forwarded by the city to the retirement fund not later than the end of each +week for all contributions made as to the pay period ending in that week. +   (d)   The city may not contribute to the retirement fund for an employee on +leave of absence or unpaid leave for military active duty. +   (e)   The city may not withdraw its contribution previously made to the +retirement fund. Nothing in this subsection prohibits the administrative +adjustment of future contributions for erroneously made prior contributions, if +the adjustment is made within 60 days after the error is made or discovered, +whichever occurs later. +   (f)   All payments and benefits provided for in this chapter must be made +from the retirement fund. There is no obligation on the part of the city, the +board, or the employees to provide for payment of benefits from any other +source, nor is there any liability on the city or the employees to make any +contribution other than those specified in this section and Section +40A-6. (Ord. Nos. 15414; 18181; 19470; 20960; 21582; 25695; 30162) +SEC. 40A-7.1.   MODIFICATION OF CONTRIBUTION RATES. +   (a)   Notwithstanding the provisions of Sections +40A-4(d), +40A-6, and +40A-7, for any fiscal year in which the prior adjusted total obligation rate +does not equal the current adjusted total obligation rate, the city may, within +45 days after receiving notice of the rates adopted by the board under Section +40A-4(d), retain at its complete discretion its own actuary who shall calculate +member and city contributions to the fund based on the methods, assumptions, +projections, and calculations determined by the actuary employed by the city; +provided, however, that the actuarial assumptions must be consistent with the +terms of this chapter. If the city's actuary agrees with the board's actuary, +the determinations of the board's actuary shall be used to determine member and +city contributions to the fund for the fiscal year. +   (b)   If there is a dispute between the actuary employed by the board and +the actuary employed by the city with respect to the required member and/or +city contributions to the fund for a fiscal year, the two actuaries shall +attempt to resolve their differences. If the two actuaries resolve their +differences, they shall sign a document setting forth the underlying actuarial +methods, assumptions, projections, and calculations, and the resulting +actuarially required contribution rate, current adjusted total contribution +rate, current total obligation rate, and pension obligation bond credit rate, +all of which shall be adopted by the board and used to determine member and +city contributions to the fund for the fiscal year if the dispute is resolved +prior to the commencement of the fiscal year; unless the board determines, in +its discretion, that the conclusions agreed to by the two actuaries are not +actuarially sound, in which case the board shall adopt sound actuarial +assumptions and the resulting actuarially required contribution rate, current +adjusted total obligation rate, current total obligation rate, and pension +obligation bond credit rate. +   (c)   If the differences between the two actuaries cannot be resolved within +90 days after the appointment of the second actuary, the board shall retain a +third actuary based upon the joint recommendation of the other two actuaries. +The third actuary shall review and calculate member and city contributions to +the fund based on the methods, assumptions, projections, and calculations +determined by the third actuary; provided, however, that the actuarial +assumptions must be consistent with the terms of this chapter. The board, the +city, and their respective actuaries shall cooperate with the third actuary and +promptly provide such information as the third actuary reasonably requests. The +three actuaries shall confer regarding the actuarial dispute between the city's +and the board's actuaries, and shall attempt to resolve their differences. If +any two of the three actuaries agree regarding the underlying actuarial +methods, assumptions, projections, and calculations, and the resulting +actuarially required contribution rate, current adjusted total obligation rate, +current total obligation rate, and pension obligation bond credit rate, such +joint determinations shall be communicated in writing to the board and adopted +by the board and used in establishing the member and city contributions to the +fund for the fiscal year if the dispute is resolved prior to the commencement +of the fiscal year; unless the board determines, in its discretion, that the +conclusions agreed upon are not actuarially sound, in which case the board +shall adopt sound actuarial assumptions and the resulting actuarially required +contribution rate, current adjusted total obligation rate, current total +obligation rate, and pension obligation bond credit rate. +   (d)   If a dispute described in this Section +40A-7.1 is not resolved prior to the commencement of the fiscal year, the +member and city contributions to the fund for such fiscal year (as a percentage +of wages) shall be the same as the prior fiscal year. +   (e)   Notwithstanding Section +40A-1(37), for any fiscal year in which the process described in this Section +40A-7.1 results in a change in the current adjusted total obligation rate, then +the prior adjusted total obligation rate for the succeeding fiscal year shall +be deemed to be the current adjusted total obligation rate determined by the +board through the process described in this section. (Ord. Nos. 25695; 30162) +SEC. 40A-8.   EFFECT OF MEMBERSHIP IN THE RETIREMENT FUND. +   A person, by becoming or remaining a member, inactive member, retiree, or +beneficiary of the retirement fund, binds the person and the person's heirs, +administrators, executors, legal representatives, beneficiaries, and survivors +to all provisions of this chapter. (Ord. Nos. 15414; 19470; 20960; 21582; +30162) +SEC. 40A-9.   ACTUARIAL ASSUMPTIONS. +   (a)   Except when specifically provided otherwise in this chapter, the +board, upon recommendation of the fund's actuary, shall adopt and establish +reasonable actuarial assumptions, interest rates, and mortality tables to be +used under this chapter. +   (b)   When determining the commuted value of future benefits under the fund +during a particular calendar year, the five-year average of the 10-year +treasury bond (calculated as of the last business day of each of the last five +years averaged together) is the interest assumption that must be used. +   (c)   When calculating the limits under Section 415 of the Internal Revenue +Code, the applicable mortality table and applicable interest rate determined by +the United States secretary of the treasury and in effect at the time of the +calculation must be used. (Ord. Nos. 20960; 21582; 28739; 30162) +SEC. 40A-10.   CREDITED SERVICE; COMPUTATION OF BENEFITS. +   (a)   A retiree or a beneficiary is entitled to benefits of the retirement +fund on the basis of credited service established while a member. +   (b)   Credited service includes: +      (1)   the length of credited service performed by the member or inactive +member before retirement for which contributions to the fund have not been +withdrawn or forfeited; +      (2)   the length of credited service performed by the member or inactive +member prior to withdrawal or forfeiture of contributions to the fund if the +credited service has been reinstated under Section +40A-11; +      (3)   the length of credited service for military active duty under +Section +40A-12; +      (4)   the amount of vacation leave for which the member or inactive +member received lump sum payment at termination of employment; +      (5)   the amount of credited service that is established at the time of a +reduction in force in accordance with Section +40A-14; and +      (6)   the amount of credited service established by a retiree who is re- +employed by the city and elects to contribute to the fund in accordance with +Section +40A-20. +   (c)   For purposes of determining eligibility to retire, but not for +purposes of computing benefits, a part-time employee shall receive one year of +credited service upon completion of 1,000 hours of service in any 12- +consecutive-month period beginning on the employee's date of employment or +employment anniversary date. +   (d)   For the purpose of computing benefits, a member is deemed to be on +leave of absence during any portion of a work period for which the member does +not receive wages from the city, including, but not limited to, any time for +which the member does not receive wages as a result of part-time employment or +pro rata compensation. A member receiving sick leave or salary continuation +payments in an amount coordinated with workers compensation payments is deemed +to be receiving wages for that portion of time covered by sick leave and salary +continuation payments and to be on leave of absence for that portion of time +covered by workers compensation payments. +   (e)   Benefits may not exceed 100 percent of the average monthly earnings of +the member or inactive member. +   (f)   For a Tier A member or inactive member, benefits are computed at the +rate of 2-3/4 percent of the average monthly earnings of the member or inactive +member for the total amount of credited service by the member or inactive +member. Benefits will be prorated for each partial year of credited service. +   (g)   For a Tier B member or inactive member, benefits are computed at the +rate of 2-1/2 percent of the average monthly earnings of the member or inactive +member for the total amount of credited service by the member or inactive +member. Benefits will be prorated for each partial year of credited service. +   (h)   Benefits will be computed under this chapter without regard to gender. +(Ord. Nos. 15414; 16886; 18181; 20443; 20960; 21582; 30162) +SEC. 40A-10.1.   RESTRICTED PRIOR SERVICE CREDIT. +   (a)   A Tier B member may be eligible for restricted prior service credit to +be used in determining a member's eligibility to vest or retire, but not toward +calculating benefits under this chapter. +   (b)   To be eligible, a Tier B member must apply for restricted prior +service credit not later than three years after the date of employment or re- +employment by the city. The application must be on a form approved by the +administrator and must be submitted to the administrator. Upon verification of +prior restricted service, the administrator shall grant the credit. (Ord. +30162) +SEC. 40A-11.   CREDITED SERVICE FOR EMPLOYMENT BEFORE A BREAK IN SERVICE. +   (a)   An eligible member whose credited service in the fund was canceled by +withdrawal or forfeiture of contributions may reinstate the credited service. +   (b)   To be eligible to reinstate credited service under this section, a +member must have: +      (1)   returned to employment with the city and resumed contributing to +the fund within six years of the end of the period of service for which credit +was canceled; and +      (2)   continuously contributed to the fund for 12 consecutive months +after returning to city employment. +   (c)   A member may reinstate credited service only during the 24-month +period beginning on the completion of 12 consecutive months of service +following a cancellation of credited service. +   (d)   A member shall have only one period of time under this section in +which to reinstate credited service canceled by any single withdrawal or +forfeiture of contributions. +   (e)   An eligible member choosing to reinstate credited service must +reinstate either all of the credited service canceled by a single withdrawal or +forfeiture or the amount of credited service canceled by a single withdrawal or +forfeiture that is needed to make the member eligible for pension benefits +equal to 100 percent of the member's average monthly earnings on the date of +reinstatement. Where reinstatement of a portion of credited service is +authorized under this subsection, the member must reinstate credited service +from the last earned to the first earned. +   (f)   An eligible member may reinstate credited service as follows: +      (1)   If credited service was canceled by withdrawal of contributions, +         (A)   a Tier A member must deposit in the fund a lump sum equal to the +amount withdrawn, or portion of the amount withdrawn where full credited +service is not to be reinstated, plus interest of 7-1/2 percent compounded +annually from the date of withdrawal to the date of reinstatement; and +         (B)   a Tier B member must deposit in the fund a lump sum equal to the +amount withdrawn, or portion of the amount withdrawn where full credited +service is not to be reinstated, plus interest at a rate equal to the highest +actuarial rate of return assumption used during the withdrawal period +compounded annually from the date of withdrawal to the date of reinstatement. +      (2)   If credited service was canceled by forfeiture of contributions, +the member must file an application for reinstatement on a form approved by the +administrator and submit the application to the administrator. +   (g)   If an eligible member has more than one break in service during which +credited service was canceled, the credited service must be reinstated from the +last canceled to the first canceled. (Ord. Nos. 154141; 19470; 20960; 21582; +30162) +SEC. 40A-12.   CREDITED SERVICE FOR MILITARY ACTIVE DUTY. +   (a)   A member with a break in service for military active duty is entitled +to credited service for the period of military active duty not exceeding five +years if the time is spent in the service of the armed forces of the United +States, provided the member satisfactorily completes active service and returns +to the service of the city after the member's discharge within the period +described by law, if any. +   (b)   Benefits of a member allowed under Subsection (a) for the period of +the break in service for military active duty is computed at the appropriate +rate of the average monthly earnings of the member on the date the break in +service for military active duty was granted for each year the member is on +military active duty. +   (c)   Notwithstanding any other provision to the contrary, contributions, +benefits, and service with respect to qualified military service will be +provided in accordance with Section 414(u) of the Internal Revenue Code. +   (d)   If a member dies while performing qualified military service (as +defined in Section 414(u) of the Internal Revenue Code), the beneficiaries of +the member are entitled to any additional benefits (other than benefits +relating to the period of qualified military service) that would have been +provided if the member had returned to service and then died. (Ord. Nos. 15414; +18181; 19470; 20960; 21582; 25818; 28739; 30162) +SEC. 40A-13.   CREDITED SERVICE FOR LEAVE OF ABSENCE. +   Except as provided in Section +40A-12, no credited service will be given for time spent on leave of absence. +(Ord. Nos. 15414; 20960; 21582; 30162) +SEC. 40A-14.   REDUCTION IN FORCE. +   (a)   The administrator must be notified in writing by the city manager, or +by any department head not under the city manager, each time an employee who is +a member is terminated as the result of a reduction in force. The determination +of the city manager, or a department head not under the city manager, as to the +date and the cause of termination is final and binding. +   (b)   A person is eligible to establish credited service under this section +if the person: +      (1)   had five or more years of credited service at the time of +termination; +      (2)   would have been eligible to retire within two years had employment +not been terminated; and +      (3)   was designated by the city manager, or by a department head not +under the city manager, as being terminated as a result of a reduction in +force. +   (c)   A person eligible under Subsection (b) may establish any amount of +credited service desired, up to a maximum of the amount of credited service +needed to take the person to the earliest retirement date, by making a lump sum +payment of the amount required by Subsection (d) within 90 days after the +person's termination date. +   (d)   The amount of contributions required to be paid to establish credited +service under Subsection (c) is equal to the employee contribution rate being +paid under Section +40A-6 plus the city contribution rate being paid under Section +40A-7 multiplied by the average monthly wage earned by the person during the +last 12 full months of service prior to termination multiplied by the number of +months of credited service to be established. +   (e)   Credited service established under this section will be credited to +the person purchasing the credited service on a month-by-month basis as if the +person had remained a city employee and a member. +   (f)   If a person who paid to establish credited service under this section +is reinstated as a member before establishing all of the service purchased, +then any unused portion of the lump sum payment will be returned to the person +without interest, and any uncredited service for which payment was made will be +canceled. +   (g)   If a person who paid to establish credited service under this section +dies before establishing all of the credited service purchased, then any unused +portion of the lump sum payment will be paid to the beneficiary, or, if there +is no beneficiary, to the decedent's estate without interest, and any +uncredited service for which payment was made will be canceled. (Ord. Nos. +20960; 21582; 22345; 30162) +SEC. 40A-15.   RETIREMENT. +   (a)   A Tier A inactive member with five or more years of credited service +or a Tier A member is eligible for: +      (1)   a normal retirement pension at age 60; +      (2)   an unreduced service retirement pension at age 50, if the member or +inactive member has 30 years of credited service; or +      (3)   a service retirement pension at any age below age 50, if the member +or inactive member has 30 years of credited service, provided that benefits +will be actuarially reduced from age 50 in accordance with Section +40A-16(c). +   (b)   A Tier A member is eligible for an unreduced service retirement +pension at or after age 50 if the person's age and years and partial years of +credited service, when added together, total at least 78. +   (c)   A Tier B inactive member with five or more years of credited service +or a Tier B member with five or more years of credited service is eligible for: +      (1)   a normal retirement pension at age 65; or +      (2)   an unreduced service retirement pension if the member or inactive +member has 40 years of credited service. +   (d)   A Tier B member with five or more years of credited service is +eligible for a retirement pension if the person's age and years and partial +years of credited service, when added together, total at least 80. +      (1)   Benefits for a member retiring under Subsection +40A-15(d) before the age of 65 will be actuarially reduced in accordance with +Section +40A-16(d). +      (2)    A member who is eligible to retire under this subsection before +the age of 65 may terminate city employment and elect to defer retirement and +the receipt of benefits until age 65, at which age the benefits received will +not be actuarially reduced under Section +40A-16(d). At any time before the age of 65, the person may revoke this +election and choose to retire and receive benefits, which benefits will be +actuarially reduced under Section +40A-16 based on the person's age on the date the revocation application is +approved by the administrator. The application for an election to defer a +retirement as described in Section +40A-15(d) of this chapter or to revoke that election must be on a form approved +by the administrator and must be submitted to the administrator. The +administrator must approve the application in accordance with rules and +procedures adopted by the board. (Ord. Nos. 15414; 16886; 18181; 19470; 20960; +21582; 22345; 30162) +SEC. 40A-16.   RETIREMENT PENSION. +   (a)   A member or inactive member eligible for a retirement pension is +entitled to a pension for life computed on the amount of credited service of +the member or inactive member. +   (b)   Except as provided in Section +40A-18(a), a member or inactive member eligible for a retirement pension is +entitled to a pension beginning from the date of eligibility, but not before +the member or inactive member's last paid day of employment with the city. +   (c)   A Tier A member or inactive member eligible for a service retirement +pension who retires before the age of 50 is entitled to the following +percentage of a benefit calculated under Section +40A-10(f): +  +Age Percentage +49 93.3 +48 87.2 +47 81.5 +46 76.3 +45 71.5 +44 67.0 +  +   (d)   A Tier B member eligible for an early retirement pension under Section +40A-15(d) of this chapter who retires before the age of 65 is entitled to a +benefit calculated under Section +40A-10(g) and then reduced in accordance with actuarially equivalent factors +adopted by the board and in effect at the time of the member's retirement. +These actuarially equivalent factors may not be given effect for at least six +months after their adoption by the board. Copies of the actuarially equivalent +factors must be maintained in the fund office and published on the fund's +website. +   (e)   The following retirement options are payable from the fund: +      (1)   Life with a 10 year certain option. Under this option, a retiree +will receive an unreduced pension for life. If the retiree dies before 120 +monthly payments have been made, then an unreduced pension will be paid to the +designated beneficiary or beneficiaries for the remainder of 10 years from the +effective date of the retiree's retirement. Only qualified recipients of the +retiree are eligible to be beneficiaries. If the retiree dies and if all +designated beneficiaries die or cease to be eligible before 120 monthly +payments have been made, then a final payment equal to the commuted value of +the balance of the 120 monthly payments will be paid in the following order of +priority: +         (A)   to one or more designees; or +         (B)   if no designee exists, to the retiree's estate. +      (2)   Joint and one-half survivor option. Under this option, a Tier A +retiree will receive an unreduced pension for life and, after the retiree's +death, one-half of the unreduced pension will be paid for the life of one +beneficiary designated by the retiree before retirement. A Tier B retiree will +receive an actuarially reduced pension for life and, after the retiree's death, +one-half of the reduced pension will be paid for the life of one beneficiary +designated by the retiree before retirement. Only a qualified recipient of the +retiree other than one described in Section +40A-1(38)(C) is eligible to be the beneficiary. If both the retiree and the +designated beneficiary die before 120 monthly payments have been made, then a +final payment equal to the commuted value of the balance of the 120 monthly +payments will be made to one or more designees or, if no designee exists, to +the estate of the last person entitled to monthly benefits. +      (3)   Joint and full survivor option. Under this option, a retiree will +receive an actuarially-reduced pension for life and, after the retiree's death, +the same pension will be paid for the life of one beneficiary designated by the +retiree before retirement. Only a qualified recipient of the retiree other than +one designated in Section +40A-1(38)(C) is eligible to be the beneficiary. If both the retiree and the +designated beneficiary die before 120 monthly payments have been made, then a +final payment equal to the commuted value of the balance of the 120 monthly +payments will be made to one or more designees or, if no designee exists, to +the estate of the last person entitled to monthly benefits. +   (f)   Except as provided in Subsection (g), at the time of a normal, early, +service, or disability retirement, a member or inactive member may select +either a: +      (1)   joint and one-half survivor option; or +      (2)   life with a 10 year certain option. +   (g)   At the time of normal, early, service, or disability retirement, a +member who is eligible by age and years of credited service for a normal, +early, or service retirement pension or a member or inactive member who is +retiring with 15 or more years of credited service may select: +      (1)   a joint and one-half survivor option; +      (2)   a life with a 10 year certain option; or +      (3)   a joint and full survivor option. +   (h)   Each retiring member or inactive member who is married shall designate +the spouse as beneficiary under the joint and full survivor option, if eligible +to select that option, or under the joint and one-half survivor option, if not +eligible to select the joint and full survivor option. Any other designation of +a beneficiary or selection of a retirement option will be effective only if +agreed to by the spouse in writing on a form filed with the administrator. +   (i)   Except as provided in Section +40A-20, a retirement option may not be changed after the effective date of +retirement. (Ord. Nos. 15414; 18181; 19470; 20960; 21582; 22345; 25695; 30162) +SEC. 40A-17.   DISABILITY RETIREMENT. +   (a)   Any member or inactive member who is totally and permanently disabled +with a service disability is eligible for a disability retirement pension. +   (b)   Any member who is totally and permanently disabled with a nonservice +disability and who has five or more years of credited service is eligible for a +disability retirement pension. +   (c)   Any inactive member who is totally and permanently disabled with a +nonservice disability and who has 10 or more years of credited service is +eligible for a disability retirement pension. +   (d)   The board shall determine the disability of a member or inactive +member. The determination of the board is final. (Ord. Nos. 15414; 20960; +21582; 30162) +SEC. 40A-18.   DISABILITY RETIREMENT PENSION. +   (a)   A member or inactive member is not eligible for a disability +retirement pension until 90 days after the member or inactive member's last +working day before being disabled, or until application is made to the board, +whichever occurs later. +   (b)   A member or inactive member eligible for a disability retirement +pension is entitled to a disability retirement pension for life with benefits +computed at the rates reflected in Section +40A-10, subject to the following minimums: +      (1)   The minimum disability retirement pension payable for a nonservice +disability is equal to 10 times the percentage multiplier used in computing +benefits of the member or inactive member on the date of retirement multiplied +by the member or inactive member's average monthly earnings. +      (2)   The minimum disability retirement pension payable for a service +disability is equal to the greater of: +         (A)   $1,000 a month, regardless of the date of retirement; or +         (B)   10 times the percentage multiplier used in computing benefits of +the member or inactive member on the date of retirement multiplied by the +member or inactive member's average monthly earnings. (Ord. Nos. 15414; 16886; +18181; 19470; 20443; 20960; 21582; 22345; 30162) +SEC. 40A-19.   TERMINATION OF A DISABILITY RETIREMENT PENSION. +   (a)   A retiree entitled to a disability retirement pension may not receive +a disability retirement pension if the retiree: +      (1)   does not submit, when requested by the administrator, a truthful +sworn affidavit stating any earnings from any gainful activity; +      (2)   is re-employed by the city or capable of performing the duties of +the position previously held with the city; +      (3)   refuses, when requested by the administrator, to submit to a +medical examination by a doctor approved by the board; +      (4)   is found to be earning or be capable of earning compensation in an +amount greater than $250 per month, whether or not such a position is +available; or +      (5)   is found to be involved in any gainful activity not commensurate +with health limits imposed by the attending physician. +   (b)   The board shall discontinue a disability retirement pension if it +determines that one of the conditions of Subsection (a) exists. The +determination by the board is final. +   (c)   A person whose disability retirement pension is discontinued under +this section is entitled to other benefits payable under the fund for all +credited service previously accrued and not canceled by forfeiture or refund of +contributions. Any refund of the person's contributions based on credited +service previously accrued will be made without interest, less any previous +retirement pension payments. (Ord. Nos. 15414; 18181; 20960; 21582; 30162) +SEC. 40A-20.   RE-EMPLOYMENT OF A RETIREE. +   (a)   If a retiree is re-employed by the city in a position normally covered +by the fund, the retiree: +      (1)   irrevocably waives all rights to payment of pension benefits for +the period of re-employment; and +      (2)   may elect to become a member and contribute to the retirement fund +during the period of re-employment. +   (b)   Upon termination of re-employment of a retiree who elects to +contribute to the fund under Subsection (a), pension benefits will be +calculated as follows: +      (1)   If the period of re-employment was for less than 12 months, pension +benefits for the credited service from which the person had previously retired +will be reinstated in the form and amount previously paid, modified by any +intervening cost-of-living adjustments. Pension benefits for credited service +for the period of re-employment will be calculated in accordance with the +formulas and options available under the fund on the date of termination of re- +employment. +      (2)   If the period of re-employment was for at least 12 months, the +person may choose to have pension benefits paid in accordance with Paragraph +(1) of this subsection or calculated on all credited service for all periods of +employment in accordance with the formulas and options available under the fund +on the date of termination of re-employment. If the new election changes or +adds a retirement option or designated beneficiary for a period of credited +service from which the person had previously retired and the change would have +a negative actuarial effect on the fund, the pension benefits will be reduced +by an amount calculated by the fund's actuary as necessary to prevent the loss. +   (c)   A retiree re-employed by the city who does not contribute to the fund +is, after termination of re-employment, entitled to those pension benefits +payable on the date of re-employment, modified by any intervening cost-of- +living adjustments. (Ord. Nos. 15414; 16886; 17713; 19470; 20960; 21582; 30162) +SEC. 40A-20.1.   SELECTION OF A DESIGNEE. +   (a)   A member, inactive member, or retiree may at any time select a +designee or designees or change a previous selection of a designee or +designees. +   (b)   If a designee is a former spouse, the designation must have been +signed by the member, inactive member, or retiree after the divorce, or the +designation of the former spouse is void. +   (c)   A designee who is a person must be alive at the time payment is due, +or the designation of that person is void. A designee that is an entity must be +in existence at the time payment is due, or the designation of that entity is +void. +   (d)   Any selection of a designee by a member or inactive member must be +ratified at the time of retirement, or it becomes void. (Ord. Nos. 22345; +30162) +SEC. 40A-21.   DEATH BENEFITS BEFORE RETIREMENT. +   (a)   Before retirement, a member or inactive member is eligible for the +death benefits described in this section. +   (b)   Refund of contributions. +      (1)   If a member who is not eligible to retire by both age and years of +credited service dies with less than two years of credited service, a refund of +the member's contributions will be paid to one or more designees or, if no +designee exists, to the member's estate. +      (2)   If an inactive member who terminated city employment without having +at least five years of credited service dies before receiving a refund of +contributions, a refund of the contributions will be paid to one or more +designees or, if no designee exists, to the inactive member's estate, except +that if more than three years have passed between the date of termination of +city employment and the date of death, then the contributions are forfeited +under Section +40A-30 and are not refundable. +   (c)   Death benefit options. +      (1)   10 year certain option. Under this option, the designated +beneficiary or beneficiaries will receive an unreduced pension for 120 months. +Only qualified recipients of the member or inactive member are eligible to be +beneficiaries. If all beneficiaries die or cease to be eligible before 120 +monthly payments have been made, then a lump sum payment equal to the commuted +value of the balance of the 120 monthly payments will be paid in the following +order of priority: +         (A)   to one or more designees; or +         (B)   if no designee exists, to the estate of the member or inactive +member. +      (2)   One-half survivor option. Under this option, one designated +beneficiary will receive one-half of an unreduced pension for life. Only a +qualified recipient of the member or inactive member other than one described +in Section +40A-1(38)(C) is eligible to be the beneficiary. If the designated beneficiary +dies or ceases to be eligible before 120 monthly payments have been made, then +a lump sum payment equal to the commuted value of the balance of the 120 +monthly payments will be paid in the following order of priority: +         (A)   to one or more designees; +         (B)   if no designee exists and if an eligible beneficiary survived +the member or inactive member, to the estate of the beneficiary; or +         (C)   if no designee exists and if no eligible beneficiary survived +the member or inactive member, to the estate of the member or inactive member. +      (3)   Full survivor option. Under this option, one designated beneficiary +will receive a reduced pension for life based upon the relative ages of the +member or inactive member and the beneficiary on the day before the member or +inactive member's death in an amount actuarially equivalent to an unreduced +pension payable to the member or inactive member. Only a qualified recipient of +the member or inactive member other than one described in Section +40A-1(38)(C) is eligible to be the beneficiary. If the designated beneficiary +dies or ceases to be eligible before 120 monthly payments have been made, then +a lump sum payment equal to the commuted value of the balance of the 120 +monthly payments will be paid in the following order of priority: +         (A)   to one or more designees; +         (B)   if no designee exists and if an eligible beneficiary survived +the member or inactive member, to the estate of the beneficiary; or +         (C)   if no designee exists and if no eligible beneficiary survived +the member or inactive member, to the estate of the member or inactive member. +   (d)   If an inactive member dies with at least five years, but less than 15 +years, of credited service, a death benefit is payable in accordance with this +subsection. The pension will not be reduced because of the age of the inactive +member. The pension will be based upon the inactive member's actual credited +service or 10 years credited service, whichever is greater, and the benefit +formulas in effect at the time of termination of city employment. The death +benefit will be paid as either: +      (1)   a 10 year certain option; or +      (2)   a one-half survivor option. +   (e)   If a member who is not described in Subsection (f) dies with at least +two years, but less than 15 years, of credited service, a death benefit is +payable in accordance with this subsection. The pension will not be reduced +because of the age of the member. The pension will be based upon the member's +actual credited service or 10 years credited service, whichever is greater. The +death benefit will be paid as either: +      (1)   a 10 year certain option; or +      (2)   a one-half survivor option. +   (f)   If a member who is eligible to retire by both age and years of +credited service or a member or inactive member who has at least 15 years of +credited service dies, a death benefit is payable in accordance with this +subsection. The pension will not be reduced because of the age of the member or +inactive member. The pension will be based upon the member or inactive member's +actual credited service or 10 years credited service, whichever is greater. The +death benefit will be paid as either: +      (1)   a 10 year certain option; or +      (2)   a full survivor option. +   (g)   Death benefits for any service death will be determined as follows: +      (1)   The benefits will be computed using the greater of: +         (A)   the decedent's actual credited service; or +         (B)   10 times the percentage multiplier used in computing benefits of +the decedent on the date of death multiplied by the decedent's average monthly +earnings. +      (2)   The benefits may never be less than $1,000 per month, regardless of +the date of death, or the amount computed under Paragraph (1) of this +subsection, whichever is greater. +   (h)   If two or more beneficiaries are entitled to pension payments from the +account of a deceased member or inactive member and one of the beneficiaries +dies or becomes ineligible, then that beneficiary's share of the pension will +be divided equally among any remaining beneficiaries. (Ord. Nos. 15414; 16886; +17713; 18181; 19470; 20443; 20960; 21582; 22345; 25695; 30162) +SEC. 40A-22.   SELECTION OF DEATH BENEFITS PRIOR TO RETIREMENT. +   (a)   A member or inactive member described in Section +40A-21(d), (e), (f), or (g) is eligible to select a death benefit option for +the payment of a pension as provided by those provisions. The selected option +will become effective only if the member or inactive member dies while eligible +to select the option. +   (b)   Designation of beneficiaries. +      (1)   Each member or inactive member who is married at the time a death +benefit option is selected shall designate the spouse as beneficiary under the +full survivor option or, if not eligible for the full survivor option, under +the one-half survivor option. Any other designation of a beneficiary or +selection of a death benefit option will become effective only if agreed to by +the spouse in writing on a form filed with the administrator. +      (2)   A death benefit option that designates a spouse as beneficiary +becomes void if the member or inactive member and the spouse become divorced. +      (3)   Upon the marriage of a member or inactive member, a death benefit +option that does not designate the new spouse as beneficiary under either the +full survivor option or the one-half survivor option becomes void. +   (c)   If a member or inactive member selects a one-half survivor option, and +the member or inactive member is eligible to select a full survivor option at +the time of death, then benefits under a full survivor option will be paid. +   (d)   If an eligible member or inactive member dies without having selected +a death benefit option or if the selection cannot be made effective, the +surviving spouse may select an option as if the member or inactive member had +made the selection. If there is no surviving spouse, the personal +representative of the estate of the member or inactive member may make the +selection for the benefit of the qualified recipients. If there are no +qualified recipients, then a lump sum payment equal to the commuted value of a +10 year certain option will be paid to the estate of the member or inactive +member. (Ord. Nos. 15414; 16886; 18181; 19470; 20960; 21582; 30162) +SEC. 40A-23.   DEATH BENEFITS AFTER RETIREMENT. +   (a)   A retiree who dies shall have death benefits determined and +distributed in accordance with the provisions of the retirement option selected +at retirement. +   (b)   If two or more beneficiaries are entitled to a pension upon a +retiree's death and one of the beneficiaries subsequently dies or becomes +ineligible, then that beneficiary's share of the pension will be divided +equally among any remaining beneficiaries. +   (c)   If a retiree marries after retirement, the spouse of this marriage is +not eligible for any retirement benefit from the fund other than as the +retiree's heir, devisee, or designee. +   (d)   If the retiree is divorced, the former spouse has no right to benefits +except as provided in Section +40A-34(b). +   (e)   When a retiree or beneficiary dies, the earned but unpaid portion of +the final month's benefit will be paid as follows: +      (1)   To the beneficiary or beneficiaries entitled to future monthly +benefits from the fund, to be divided in the same proportional shares as the +future monthly benefits are to be divided. +      (2)   If there are no future monthly benefits payable, then to the +decedent's surviving spouse, if any. +      (3)   If there are no future monthly benefits payable and if there is no +surviving spouse, then to the executor or administrator of the decedent's +estate, if any. +      (4)   If there are no future monthly benefits payable, if there is no +surviving spouse, and if no executor or administrator has been named within 120 +days of the decedent's death, then to the decedent's heirs as established by an +affidavit of heirship filed with the administrator of the retirement fund. +(Ord. Nos. 15414; 16886; 17713; 18181; 19470; 20443; 20960; 21582; 30162) +SEC. 40A-24.   DEATH BENEFITS TO MINORS. +   If a minor is entitled to benefits from the retirement fund, the board must +pay the benefits to the minor's legal guardian or, until one is appointed, the +minor's natural guardian, who shall be entitled to receive the benefits for the +best interest of the child. (Ord. Nos. 15414; 20960; 21582; 30162) +SEC. 40A-25.   BENEFITS TO INCOMPETENT RETIREES OR BENEFICIARIES. +   If a court has appointed a personal representative of a retiree or qualified +recipient entitled to benefits from the retirement fund, the board shall pay +those benefits to the court-appointed representative. (Ord. Nos. 17713; 19470; +20960; 21582; 30162) +SEC. 40A-26.   DIRECT ROLLOVER. +   (a)   Notwithstanding any provision of the plan to the contrary that would +otherwise limit a distributee's election under this section, a distributee may +elect, at the time and in the manner prescribed by the plan administrator, to +have any portion of an eligible rollover distribution paid directly to an +eligible retirement plan specified by the distributee in a direct rollover. +   (b)   Definitions. In this section: +      (1)   ELIGIBLE ROLLOVER DISTRIBUTION means any distribution of all or any +portion of the balance to the credit of the distributee, except that an +eligible rollover distribution does not include: +         (A)   any distribution that is one of a series of substantially equal +periodic payments (not less frequently than annually) made for the life or life +expectancy of the distributee or the joint lives or joint life expectancies of +the distributee and the distributee's designated beneficiary, or for a +specified period of 10 years or more; +         (B)   any distribution to the extent such distribution is required +under Section 401(a)(9) of the Internal Revenue Code; or +         (C)   any distribution that is made upon hardship of the employee. +      (2)   ELIGIBLE RETIREMENT PLAN means an individual retirement account +described in Section 408(a) of the Internal Revenue Code, an individual +retirement annuity described in Section 408(b) of the Internal Revenue Code, an +annuity plan described in Section 403(a) of the Internal Revenue Code, an +eligible deferred compensation plan that is maintained by an eligible employer +described in Section 457(e)(1) of the Internal Revenue Code, an annuity +contract described in Section 403(b) of the Internal Revenue Code, or a +qualified trust described in Section 401(a) of the Internal Revenue Code, that +accepts the distributee's eligible rollover distribution. An eligible +retirement plan means only an individual retirement account or individual +retirement annuity in the case of an eligible rollover distribution for a +designated beneficiary that is not: +         (A)   the surviving spouse; or +         (B)   an alternate payee under a qualified domestic relations order +who is a spouse or former spouse. +      (3)   DISTRIBUTEE means: +         (A)   an employee or former employee; +         (B)   the employee or former employee's surviving spouse; +         (C)   an alternate payee under a qualified domestic relations order +who is the employee or former employee's spouse or former spouse, but only with +regard to the interest of the spouse or former spouse under the qualified +domestic relations order; or +         (D)   the employee or former employee's designated beneficiary. +      (4)   DIRECT ROLLOVER means a payment by the plan to the eligible +retirement plan specified by the distributee. +      (5)   DESIGNATED BENEFICIARY means an individual who is designated to +receive an eligible rollover distribution. (Ord. Nos. 21582; 25818; 28739; +30162) +SEC. 40A-27.   HEALTH BENEFIT SUPPLEMENTS. +   (a)   A Tier A retiree or beneficiary is eligible for a health benefit +supplement in addition to the amount otherwise payable under the fund. The +health benefit supplement is equal to $25 a month for each full year of +credited service or $125 a month, whichever is less. Payment of the health +benefit supplement will be prorated for each partial year of credited service. +   (b)   If more than one beneficiary is receiving a pension from the account +of a deceased member, inactive member, or retiree, the health benefit +supplement will be divided among the beneficiaries in shares proportionate to +their rights to the pension. +   (c)   A health benefit supplement is not includable when calculating lump +sum death benefit payments. +   (d)   Health benefit supplements attributable to retirements and deaths that +occurred before January 1, 2017 shall not be reduced by reason of Subsection +(a). +   (e)   A Tier B retiree or beneficiary is not eligible for any health benefit +supplement. (Ord. Nos. 20960; 21582; 22345; 30162) +SEC. 40A-28.   COST-OF-LIVING ADJUSTMENT TO BENEFITS. +   (a)   On January 1 of each year, a cost-of-living adjustment will be made to +the base pension payable to each retiree or beneficiary, if the person was +entitled to a base pension on or before December 31 of the preceding year. If a +base pension becomes payable during the 12 months preceding the cost-of-living +adjustment, the adjustment will be prorated, with one-twelfth being paid for +each whole or part month from the date the base pension became payable to the +end of the year. +      (1)   A health benefit supplement under Section +40A-27 is not base pension and is not subject to any cost-of-living adjustment. +      (2)   The minimum amount payable as a disability retirement pension for a +service disability under Section +40A-18(b)(2) or as death benefits for a service death under Section +40A-21(g)(2) will be considered the base pension for computing cost-of-living +adjustments unless a greater base pension is payable under this chapter. +   (b)   The cost-of-living adjustment to the base pension will be made by +using one of the following methods, whichever is the most beneficial to the +retiree or beneficiary: +      (1)   the percentage of change in the price index for October of the +current year over October of the previous year, up to: +         (A)   five percent for a Tier A retiree or beneficiary; or +         (B)   three percent for a Tier B retiree or beneficiary; or +      (2)   the percentage of the annual average change of the price index for +the latest 12 months available, up to: +         (A)   five percent for a Tier A retiree or beneficiary; or +         (B)   three percent for a Tier B retiree or beneficiary. +   (c)   The cost-of-living adjustment may not reduce benefits of a retiree or +beneficiary. +   (d)   In addition to the regular cost-of-living adjustment payable under +Subsection (a) of this section, the board may from time to time grant an +additional temporary or permanent adjustment if there exists investment income +in excess of that needed to maintain the actuarial soundness of the fund. The +adjustment is discretionary with the board in both its grant and application +after the board has considered the funding of the increase and the relative +needs of the retirees and beneficiaries. The adjustment may not increase or +decrease the base pension of the retirees and beneficiaries. Any discretionary +adjustment granted by the board under this subsection will not become effective +unless approved by an ordinance or resolution of the city council. (Ord. Nos. +15414; 16886; 19470; 20960; 21582; 22345; 25695; 30162) +SEC. 40A-29.   TERMINATION OF CITY EMPLOYMENT PRIOR TO RETIREMENT; BENEFITS. +   (a)   A member with five or more years of credited service who terminates +employment before becoming eligible for a normal, early, or service retirement +pension is entitled to: +      (1)   a refund of contributions to the retirement fund, without interest, +any time after termination, less any previous retirement pension payments; or +      (2)   payment of a retirement pension and benefits at the time the member +becomes eligible. +   (b)   An inactive member with more than 10 years of credited service who +terminated employment before becoming eligible for a normal, early, or service +retirement pension is eligible to apply for a disability retirement pension as +provided in Section +40A-17. +   (c)   A member with less than five years of credited service at the time of +termination of employment who does not retire or withdraw contributions to the +fund and who is later re-employed: +      (1)   before contributions are forfeited under Section +40A-30(b), shall have any pension benefits payable for all periods of credited +service based on the provisions of the fund in effect on the date of +termination of re-employment; +      (2)   after contributions are forfeited under Section +40A-30(b), but who reinstates credited service by filing the application +required under Section +40A-11, shall have pension benefits payable for all periods of credited service +based on provisions of the fund in effect on the date of termination of re- +employment; or +      (3)   after contributions are forfeited under Section +40A-30(b), but who is not eligible to reinstate credited service under Section +40A-11, shall be treated as a new employee by the fund and have no right to +pension benefits based on the period of canceled credited service. +   (d)   A member with five or more years of credited service at the time of +termination of employment who does not retire or withdraw contributions to the +fund and who is later re-employed for: +      (1)   less than 12 full months of continuous service, shall have pension +benefits payable on the period of credited service earned prior to the break in +service based on provisions of the fund in effect at the time such service +ended, while pension benefits for the period of credited service earned during +re- employment will be based on provisions of the fund in effect on the date of +termination of re-employment; +      (2)   at least 12 full months of continuous service, shall have pension +benefits payable on all periods of credited service based on provisions of the +fund in effect on the date of termination of re-employment. (Ord. Nos. 15414; +17713; 18181; 19470; 20960; 21582; 30162) +SEC. 40A-30.   REFUND OR FORFEITURE OF CONTRIBUTIONS. +   (a)   A member who terminates city employment without either retiring or +having sufficient credited service to retire at a future date is entitled to +the amount of the member's contributions to the retirement fund, without +interest, less any previous retirement pension payments, except as provided by +federal law. +   (b)   A member who terminates employment without either retiring or having +sufficient credited service to retire at a future date must make written +application with the retirement fund for the refund of the member's +contributions within three years of the date of termination or all of the +member's rights to a refund of contributions will be forfeited, and the +contribution will remain in the retirement fund. +   (c)   Actuarial gains and forfeitures of employee or city contributions must +be applied to reduce the cost of the fund and may not be used to increase +benefits otherwise payable under the fund. (Ord. Nos. 15414; 18181; 20960; +21582; 30162) +SEC. 40A-31.   LEAVE OF ABSENCE. +   (a)   A member on leave of absence, who is eligible to retire because of +disability or because of age and length of credited service, is entitled to: +      (1)   receive a pension for normal, early, or service retirement; or +      (2)   receive a pension for disability retirement or have death benefits +paid to the beneficiaries if the leave of absence was granted for sickness or +injury. +   (b)   The administrator of the retirement fund must be notified in writing +by the city manager, or by any department head not under the city manager, of a +member who has been granted a leave of absence and must be furnished with a +copy of a written authorization for the leave of absence. +   (c)   A leave of absence will be regarded for retirement fund purposes as a +break in service and not as a termination of employment. (Ord. Nos. 15414; +20960; 21582; 30162) +SEC. 40A-32.   LEAVE FOR MILITARY ACTIVE DUTY. +   The administrator of the retirement fund must be notified in writing by the +city manager, or by any department head not under the city manager, of a member +who has been granted a leave for military active duty and must be furnished +with a copy of a written authorization for the leave. (Ord. Nos. 15414; 19470; +20960; 21582; 30162) +SEC. 40A-33.   COMPLIANCE WITH FEDERAL TAX LAWS. +   (a)   A member or survivor of a member of the pension system may not accrue +a retirement pension, or any other benefit under this chapter, in excess of the +benefit limits applicable to the fund under Section 415 of the Internal Revenue +Code. The board shall reduce the amount of any benefit that exceeds those +limits by the amount of the excess. If total benefits under this fund and the +benefits and contributions to which any member is entitled under any other +qualified plans maintained by the city would otherwise exceed the applicable +limits under Section 415 of the Internal Revenue Code, the benefits the member +would otherwise receive from the fund shall be reduced to the extent necessary +to enable the benefits to comply with Section 415. The limits shall be adjusted +annually in accordance with Section 415(d) of the Internal Revenue Code. The +annual adjustment shall apply to the benefits of both active and inactive +members and shall apply without regard to whether retirement benefits are being +received. +   (b)   The total salary taken into account for any purpose for any member of +the pension system may not exceed the limit imposed pursuant to Section 401(a) +(17) of the Internal Revenue Code for any year ($360,000 for an eligible +participant and $245,000 for an ineligible participant for 2009). These dollar +limits shall be adjusted from time to time in accordance with guidelines +provided by the United States secretary of the treasury. For purposes of this +subsection, an eligible participant is a person who first became an active +member before 1996, and an ineligible participant is a member who is not an +eligible participant. +   (c)   Amounts representing forfeited nonvested benefits of terminated +members may not be used to increase benefits payable from the fund. +   (d)   Distribution of benefits must begin not later than April 1 of the year +following the calendar year during which the member entitled to the benefits +becomes 70-1/2 years of age or terminates employment with the city, whichever +is later, and must otherwise conform to Section 401(a)(9) of the Internal +Revenue Code. +   (e)   If the retirement fund is fully terminated or partially terminated, as +determined by the Internal Revenue Service, or if all city contributions to the +retirement fund are discontinued, the rights of each member affected by the +termination or discontinuance that have accrued at the date of termination or +discontinuance will be fully vested to the extent funded. +   (f)   It is intended that the provisions of this chapter be construed and +administered in such a manner that the fund's program of benefits will be +considered a qualified plan under Section 401(a) of the Internal Revenue Code. +In determining qualification status under Section 401(a), the fund's program of +benefits will be considered the primary retirement plan for members of the +fund. +   (g)   The right of each member to such member's interest accrued under this +chapter shall become 100 percent vested, if not already vested, upon the +member's attainment of normal retirement age, and the member shall have a right +to terminate employment and commence to receive a pension at that time. (Ord. +Nos. 20354; 20960; 21582; 22345; 25818; 28739; 30162) +SEC. 40A-34.   NONALIENATION AND NONREDUCTION OF BENEFITS. +   (a)   Title/ownership. Except with respect to fund assets subject to a +securities lending agreement, the legal and equitable title and ownership of +all assets at any time constituting a part of the fund will be and remain with +the board, and neither the city nor any member or other person who may be +entitled to benefits under the fund shall ever have any legal or equitable +estate in the fund, except to receive distributions lawfully made in accordance +with this chapter. +   (b)   Qualified domestic relations orders. The administrator shall determine +whether a domestic relations order is a valid qualified domestic relations +order, and the determination by the administrator may be appealed only to the +board. In the event of receipt of a valid qualified domestic relations order, +the interest in the fund of the member, inactive member, or retiree will be +divided between the member, inactive member, or retiree and the spouse, former +spouse, or child in accordance with the terms of the order as follows: +      (1)   A spouse or former spouse who is named as an alternate payee is +entitled to receive a court-ordered lump sum distribution of accumulated +employee contributions or monthly pension benefit in the form of payments for +life. If the actuarial value of the pension is less than $10,000, the board, at +its option, may pay the actuarial present value to the alternate payee as a +lump sum. A lump sum distribution of a portion of the member, or inactive +member, or retiree's contributions, but not of annuity payments, may be made to +an alternate payee who is a spouse or former spouse if such distribution is +authorized by a qualified domestic relations order, even if the earliest +retirement age has not been reached. +      (2)   A child who is named as an alternate payee is entitled to receive a +part of the retiree's monthly pension benefit in an amount ordered by the +court. Payments will terminate on the date designated by the court or upon the +retiree's death, whichever occurs first. Payments may be made to a person +legally authorized to receive them on behalf of the child. +      (3)   All rights and benefits provided to the member, inactive member, or +retiree are subject to the rights afforded to any alternate payee under a valid +qualified domestic relations order that meets the requirements of this section. +      (4)   For purposes of this section, alternate payee, domestic relations +order, and qualified domestic relations order have the meanings given under +Texas Government Code Chapter 804, as in effect on January 1, 2017. +   (c)   Exemptions. Contributions and benefits payable under the retirement +fund are exempt from attachment, execution, garnishment, judgments, and all +other suits or claims, with the exception of a "qualified domestic relations +order," and are not assignable or transferable. +   (d)   Waiver of benefits. +      (1)   A person may, on a form prescribed by and filed with the +administrator, waive all or a portion of any benefits from the retirement fund +to which the person is entitled. A person may revoke a waiver of benefits in +the same manner as the original waiver was made, unless the original waiver by +its terms was made irrevocable. +      (2)   A waiver or a revocation of a waiver applies only to benefits that +become payable on or after the date the document is filed. +      (3)   Unless otherwise expressly provided for in this chapter, the board +may not take action to reduce an individual pension. (Ord. Nos. 15414; 19470; +20960; 21582; 22345; 30162) +SEC. 40A-35.   AMENDMENT TO THIS CHAPTER. +   (a)   Except as provided in Subsection (b) of this section, this chapter may +not be amended except by a proposal initiated by either the board or the city +council that results in an ordinance approved by the board, adopted by the city +council, and approved by a majority of the voters voting at a general or +special election. +   (b)   A provision of this chapter, other than this section, that is +determined by the board to require amendment in order to comply with federal +law may be amended by ordinance of the city council, without voter approval, +upon recommendation of the board. The board shall recommend the exact amending +language to be included in the ordinance, which language may not be limited or +added to by the city council. An amendment may be made under this subsection +only to the extent necessary to comply with federal law. (Ord. Nos. 15414; +20960; 21582; 25695; 30162) +CHAPTER 40B +SECONDARY METALS RECYCLERS +ARTICLE I. +GENERAL. +Sec. +40B-1.   Purpose. +Sec. +40B-2.   Definitions. +Sec. +40B-3.   Records required. +Sec. +40B-4.   Notice to sellers. +Sec. +40B-5.   Facsimile, telecopier, or similar equipment required. +Sec. +40B-6.   Restrictions on the purchase of regulated metal property. +Sec. +40B-7.   Five-day hold on regulated metal property; segregation, labeling, and +inspection of regulated metal property; exceptions. +Sec. +40B-8.   Hold on stolen regulated metal property; hold notice. +Sec. +40B-9.   Offenses; defenses; penalty. +ARTICLE II. +LICENSING OF SECONDARY METALS RECYCLERS. +Sec. +40B-10.   License required. +Sec. +40B-11.   Issuance of license; posting. +Sec. +40B-12.   Fees. +Sec. +40B-13.   Expiration of license. +Sec. +40B-14.   Suspension. +Sec. +40B-15.   Revocation. +Sec. +40B-16.   Appeal. +Sec. +40B-17.   Transfer of license. +ARTICLE I. +GENERAL. +SEC. 40B-1.   PURPOSE. +   This chapter is an exercise of the city’s police power to promote, through +regulation of secondary metals recyclers, the recovery of stolen property. This +chapter provides licensing and recordkeeping requirements and enforcement +procedures that will enable the police department to identify and recover +public and private property composed of certain metals that may have been +illegally appropriated. (Ord. Nos. 20260; 22958; 26537; 27202; 27249) +SEC. 40B-2.   DEFINITIONS. +   In this chapter: +      (1)   CASH TRANSACTION CARD means a card issued to a seller by a +secondary metals recycler in compliance with Section +40B-6(f) of this chapter that allows a secondary metals recycler, at the time +of purchase, to give consideration in the form of cash or a debit card to a +seller in a purchase transaction for regulated metal property. +      (2)   CATALYTIC CONVERTER means a device used to reduce the toxicity of +emissions from an internal combustion engine through the use of a catalyst +(typically a platinum-iridium catalyst) that converts the toxic combustion by- +products into less toxic gases or products. +      (3)   CHECK means a check, draft, or other negotiable or nonnegotiable +order of withdrawal that is drawn against funds held by a financial +institution. +      (4)   CHIEF means the chief of police for the city of Dallas or a +designated representative. +      (5)   DEBIT CARD means a card issued by a bank that combines the +functions of an automatic teller machine (ATM) card and checks. A debit card +can be used to withdraw cash at a bank like an ATM card and can also be used at +stores to pay for goods and services in place of a check. Unlike a credit card, +a debit card automatically withdraws money from a checking account at the time +of the transaction. +      (6)   FERROUS METAL means a metal that contains significant quantities of +iron or steel. +      (7)   HOLD NOTICE means written notification by the chief to a secondary +metals recycler stating that the secondary metals recycler may not sell, +redeem, or dispose of certain regulated metal property that the chief has +reasonable cause to believe has been stolen. +      (8)   LICENSEE means a person in whose name a license has been issued +under this chapter or a person listed as an applicant on the application for a +license. +      (9)   NONFERROUS METAL means a metal that does not contain significant +quantities of iron or steel, including, but not limited to, copper, brass, +aluminum, bronze, lead, zinc, nickel, and their alloys. +      (10)   PERSON means an individual, partnership, corporation, joint +venture, trust, association, and any other legal entity. +      (11)   PERSONAL IDENTIFICATION CERTIFICATE means a personal +identification card issued by the Texas Department of Public Safety under +Chapter 521, Subchapter E of the Texas Transportation Code, as amended, or a +similar card or certificate issued by another state. +      (12)   PURCHASE TRANSACTION means a transaction in which a secondary +metals recycler gives consideration, or agrees to give consideration, in +exchange for regulated metal property. +      (13)   REGULATED METAL PROPERTY means any item composed in whole or in +part of any ferrous or nonferrous metal, other than an item composed in whole +of tin. +      (14)   SECONDARY METALS RECYCLER means any person who: +         (A)   is engaged in the business of purchasing, collecting, or +soliciting regulated metal property; or +         (B)   operates or maintains a facility where regulated metal property +is purchased or kept for shipment, sale, transfer, or salvage. +      (15)   SELLER means any person who, in a purchase transaction, receives +consideration from a secondary metals recycler in exchange for regulated metal +property. +      (16)   THUMBPRINT IMPRESSION means an intentional recording of the +friction ridge detail on the volar pads of the thumb. (Ord. Nos. 20260; 22958; +26537; 27202; 27249) +SEC. 40B-3.   RECORDS REQUIRED. +   (a)   A secondary metals recycler shall maintain an accurate and legible +record of each purchase transaction. Each transaction must be recorded and +filed separately. +   (b)   The record of each purchase transaction must be in English and contain +the following information: +      (1)   the name and street address of the secondary metals recycler; +      (2)   the name or initials of the individual recording the information +required by this section for the secondary metals recycler; +      (3)   the seller’s name, street address, sex, and birthdate and the +identifying number from the seller’s current and valid driver’s license issued +by a state in the United States, United States military identification card, or +personal identification certificate; +      (4)   the make, model, and license plate number of the motor vehicle in +which the regulated metal property is delivered in a purchase transaction, +along with a clear digital still photograph of the motor vehicle and any +trailer attached to the motor vehicle; +      (5)   the place, date, and time of the purchase transaction; +      (6)   the weight, quantity, or volume and a description, made in +accordance with the custom of the trade, of the regulated metal property +purchased, along with a clear digital still photograph of the regulated metal +property; +      (7)   a general description of the predominant types of regulated metal +property purchased in the purchase transaction; +      (8)   the amount of consideration given in a purchase transaction for the +regulated metal property and, if the seller was: +         (A)   paid by check, a copy of the check; +         (B)   paid in cash, a copy of the seller’s valid cash transaction card +(or the seller’s current approved application for a cash transaction card); or +         (C)   paid by debit card, a copy of the debit card receipt and, if +payment was made at the time of purchase, a copy of the seller’s valid cash +transaction card (or the seller’s current approved application for a cash +transaction card); +      (9)   written documentation evidencing that the seller is the legal +owner, or is lawfully entitled to sell, the regulated metal property or a +signed statement from the seller affirming a legal right of ownership and the +right to sign over title to the regulated metal property offered for sale; +      (10)   a clear digital still photograph of the seller, taken at the time +of the purchase transaction, that clearly depicts the seller’s facial features; +and +      (11)   a clear and legible thumbprint impression of the seller. +   (c)   A person selling or attempting to sell regulated metal property to a +secondary metals recycler shall: +      (1)   display to the secondary metals recycler the person’s current and +valid driver’s license issued by a state in the United States, United States +military identification card, or personal identification certificate; +      (2)   provide to the secondary metals recycler the make, model, and +license plate number of the motor vehicle used to deliver the regulated metal +property; and +      (3)   sign a written statement provided by the secondary metals recycler +affirming that the person is the legal owner of, or is lawfully entitled to +sell, the regulated material offered for sale. +   (d)   The secondary metals recycler or the recycler’s agent shall visually +verify the accuracy of the identification presented by the seller at the time +of each purchase of regulated metal property and make a copy of the +identification to be maintained by the secondary metals recycler in the record +of the purchase transaction. +   (e)   A secondary metals recycler shall maintain on file the information +required by this section for not less than three years after the date of the +purchase transaction. A secondary metals recycler shall make these records +available for inspection by any police officer, upon request, at the secondary +metals recycler’s place of business during the usual and customary business +hours of the secondary metals recycler. (Ord. Nos. 20260; 22958; 26537; 27202; +27249) +SEC. 40B-4.   NOTICE TO SELLERS. +   (a)   A secondary metals recycler shall at all times maintain in a prominent +place in the secondary metals recycler’s place of business, in open view to a +seller of regulated metal property, a notice in two-inch lettering that: +      (1)   contains the following or similar language approved by the chief: +“A PERSON ATTEMPTING TO SELL ANY REGULATED METAL PROPERTY MUST PRESENT +SUFFICIENT IDENTIFICATION AND WRITTEN PROOF OF OWNERSHIP REQUIRED BY CITY OF +DALLAS ORDINANCE”; and +      (2)   states the usual business hours of the secondary metals recycler. +   (b)   The notice required by this section may be contained on a sign that +contains another notice required by law to be displayed by the secondary metals +recycler. (Ord. Nos. 22958; 26537; 27202; 27249) +SEC. 40B-5.   FACSIMILE, TELECOPIER, OR SIMILAR EQUIPMENT REQUIRED. +   A secondary metals recycler shall maintain at its place of business, or +otherwise have immediate access to, a facsimile, telecopier, or other equipment +of similar function on which notifications of stolen property or other +notifications relating to regulated metal property may be expeditiously +received from the police department. The equipment must be operable at all +times during the usual and customary business hours of the secondary metals +recycler. The secondary metals recycler shall maintain the facsimile number or +other access number of the equipment on file with the chief and shall notify +the chief within 24 hours after any change in the number. (Ord. Nos. 22958; +26537; 27202; 27249) +SEC. 40B-6.   RESTRICTIONS ON THE PURCHASE OF REGULATED METAL PROPERTY. +   (a)   A secondary metals recycler shall conduct all purchase transactions +only between the hours of 7:00 a.m. and 7:00 p.m. +   (b)   A secondary metals recycler shall not purchase any item of regulated +metal property from: +      (1)   an intoxicated person; or +      (2)   a person who does not deliver the item of regulated metal property +to the secondary metals recycler’s place of business in a motor vehicle or in a +trailer attached to a motor vehicle. +   (c)   A secondary metals recycler shall not purchase any of the following +items of regulated metal property without obtaining proof that the seller owns +the property (such as by a receipt or bill of sale) or proof that the seller is +an employee, agent, or contractor of a governmental entity, utility company, +cemetery, railroad, manufacturer, or other person, business, or entity owning +the property and the seller is authorized to sell the item of regulated metal +property on behalf of the person, business, or entity owning the property: +      (1)   A manhole cover. +      (2)   An electric light pole or other utility structure and its fixtures +and hardware. +      (3)   A guard rail. +      (4)   A street sign, traffic sign, or traffic signal and its fixtures and +hardware. +      (5)   Communication, transmission, and service wire. +      (6)   A funeral marker or funeral vase. +      (7)   An historical marker. +      (8)   Railroad equipment, including but not limited to a tie plate, +signal house, control box, switch plate, E clip, or rail tie junction. +      (9)   Any metal item that is marked with any form of the name, initials, +or logo of a governmental entity, utility company, cemetery, or railroad. +      (10)   A copper or aluminum condensing or evaporator coil from a heating +or air conditioning unit. +      (11)   An aluminum or stainless steel container or bottle designed to +hold propane for fueling fork lifts. +      (12)   A catalytic converter or any part of a catalytic converter. +   (d)   A secondary metals recycler shall maintain on file the information +required by Subsection (c) of this section for not less than three years after +the date of the purchase of the item of regulated metal property. A secondary +metals recycler shall make these records available for inspection by any police +officer, upon request, at the secondary metals recycler’s place of business +during the usual and customary business hours of the secondary metals recycler. +   (e)   Except as provided in Subsection (f) of this section, a secondary +metals recycler may not, at the time of purchase, give any form of +consideration in a purchase transaction for regulated metal property, but must +pay the seller for the purchased regulated metal property by mailing a check or +debit card to the seller at the seller’s street address as listed in the record +of the purchase transaction. A copy of the check or the debit card receipt must +be maintained on file with the purchase transaction record. +   (f)   A secondary metals recycler may, at the time of purchase, give +consideration in the form of cash or a debit card credit in a purchase +transaction for regulated metal property if the seller presents the secondary +metals recycler with a valid cash transaction card issued by any secondary +metals recycler located in the city (or the secondary metals recycler obtains a +copy of the cash transaction card and the complete approved application for the +card from its own files or from a secondary metals recycler located in the city +that issued the card to the seller), and all of the following requirements are +met: +      (1)   A secondary metals recycler may only issue or renew a cash +transaction card to a seller after receiving an application signed by the +seller that contains: +         (A)   the seller’s name, street address, sex, and birthdate and the +identifying number from (and a copy of) the seller’s current and valid driver’s +license issued by a state in the United States, United States military +identification card, or personal identification certificate; +         (B)   a clear digital still photograph of the seller, taken at the +time of application, that clearly depicts the seller’s facial features; +         (C)   a clear and legible thumbprint impression of the seller; and +  ��      (D)   the signature of the individual approving the application on +behalf of the secondary metals recycler. +      (2)    The secondary metals recycler may only issue or renew a cash +transaction card by mailing it to the seller at the seller’s street address +listed in the application for the card. +      (3)   The cash transaction card must contain: +         (A)   the name and street address of the seller; +         (B)   a clear digital still photograph of the seller; +         (C)   an identifying number that is unique to the individual card; and +         (D)   the expiration date of the card, which date may not exceed two +years after the date of issuance. +      (4)   The cash transaction card must be laminated or made of a rigid +plastic or other durable material that will preserve the legibility of the +information contained on the card. +      (5)   The cash transaction card may not be transferable to another +person. +      (6)   A secondary metals recycler shall visually verify that the +identification presented by the seller under Section +40B-3(c)(1) corresponds to the identifying information on any cash transaction +card presented by the seller or on any copy of the cash transaction card and +the complete approved application for the card obtained from the secondary +metals recycler’s own files or from the secondary metals recycler that issued +the card to the seller. +      (7)   By the end of the next business day after invalidating a cash +transaction card for any reason, the secondary metals recycler that issued the +card shall notify the chief of the card’s invalidation and provide other +information relating to the card as determined necessary by the chief. After +receiving such notification, the chief shall notify all other secondary metals +recyclers of the card’s invalidation. A secondary metals recycler shall not +accept any cash transaction card after being notified of its invalidation. +      (8)   A secondary metals recycler shall maintain on file each application +for a cash transaction card made to it or obtained from another secondary +metals recycler (including a copy of each cash transaction card issued or +renewed by it or the other secondary metals recycler) for not less than two +years after the date of the application, issuance, or renewal of the card, +whichever is later. A secondary metals recycler shall make these records +available for inspection by any police officer, upon request, at the secondary +metals recycler’s place of business during the usual and customary business +hours of the secondary metals recycler. +   (g)   The requirements of Subsections (e) and (f) of this section do not +apply to any item of regulated metal property composed solely of ferrous metal +material, unless the item is listed in Subsection (c) of this section or unless +the secondary metals recycler has received notice that the chief has, in +accordance with this subsection, designated the item or type of item as being +subject to those requirements. The chief shall periodically review theft +statistics on ferrous regulated metal property and establish a list of items or +types of items that the chief determines are subject to the requirements of +Subsection (e) and (f). A current list must be maintained on file in the +chief’s office, or in another designated office of the police department, so +that it may be inspected by the public during the city’s normal business hours. +Notice of the list must be given to secondary metals recyclers in accordance +with schedules and procedures established by the chief. A secondary metals +recycler is presumed to have received notice of the list if the police +department transmits the list to the facsimile number or access number provided +by the secondary metals recycler under Section +40B-5 of this chapter. (Ord. Nos. 22958; 26537; 27202; 27249) +SEC. 40B-7.   FIVE-DAY HOLD ON REGULATED METAL PROPERTY; SEGREGATION, LABELING, +AND INSPECTION OF REGULATED METAL PROPERTY; EXCEPTIONS. +   (a)   Except as provided in Subsection (c) of this section, a secondary +metals recycler shall retain possession of purchased regulated metal property +at the secondary metals recycler’s local place of business and withhold the +property from alteration, processing, resale, or salvage use for five days +after purchase, unless the property is released sooner by written order of the +chief or by order of a court of competent jurisdiction. +   (b)   Except as provided in Subsection (c) of this section, a secondary +metals recycler shall segregate all regulated metal property purchased from a +seller from regulated metal property purchased from other sellers and attach to +the property, or to the container in which the property is held, a label +indicating the name of the seller, the date on which the property was +purchased, and the number of the receipt on which the purchase information is +recorded. If in any single purchase transaction there are multiple items of +regulated metal property of the same general type, only one representative item +from each type of regulated property must be segregated and labeled in +accordance with this subsection. +   (c)   The hold, segregation, and labeling requirements of Subsections (a) +and (b) of this section do not apply to any item of regulated metal property +composed solely of ferrous metal material, unless the secondary metals recycler +has received notice that the chief has, in accordance with this subsection, +designated the item or type of item as being subject to those requirements. The +chief shall periodically review theft statistics on ferrous regulated metal +property and establish a list of items or types of items that the chief +determines are subject to the requirements of Subsection (a) and (b). A current +list must be maintained on file in the chief’s office, or in another designated +office of the police department, so that it may be inspected by the public +during the city’s normal business hours. Notice of the list must be given to +secondary metals recyclers in accordance with schedules and procedures +established by the chief. A secondary metals recycler is presumed to have +received notice of the list if the police department transmits the list to the +facsimile number or access number provided by the secondary metals recycler +under Section +40B-5 of this chapter. +   (d)   While in possession of purchased regulated metal property, a secondary +metals recycler shall make the property available for inspection by any police +officer at the secondary metals recycler’s place of business during the usual +and customary business hours of the secondary metals recycler. (Ord. Nos. +20260; 22958; 26537; 27202; 27249) +SEC. 40B-8.   HOLD ON STOLEN REGULATED METAL PROPERTY; HOLD NOTICE. +   (a)   Whenever a police officer has reasonable cause to believe that certain +items of regulated metal property in the possession of a secondary metals +recycler are stolen, the chief may issue a hold notice. The hold notice must: +      (1)   identify those items of regulated metal property alleged to be +stolen and subject to hold; and +      (2)   inform the secondary metals recycler of the restrictions imposed on +the regulated metal property under Subsection (b) of this section. +   (b)   A secondary metals recycler may not, for 60 days after the date of +receiving a hold notice under this section, process or remove from the +secondary metals recycler’s place of business any regulated metal property +identified in the hold notice, unless the property is released sooner by the +chief or by order of a court of competent jurisdiction. At the expiration of +the hold period, the hold is automatically released, and the secondary metals +recycler may dispose of the regulated metal property unless otherwise directed +by a court of competent jurisdiction. (Ord. Nos. 20260; 22958; 26537; 27202; +27249) +SEC. 40B-9.   OFFENSES; DEFENSES; PENALTY. +   (a)   A person who violates any provision of this chapter, or who fails to +perform a duty required of him under this chapter, commits an offense. A person +is guilty of a separate offense for each item of regulated metal property +involved in a violation of this chapter. An offense under this chapter is +punishable by a fine not to exceed $500. +   (b)   It is a defense to prosecution under this chapter that the regulated +metal property involved: +      (1)   was purchased from a charitable, philanthropic, religious, +fraternal, civic, patriotic, social, or school-sponsored organization or +association or from any organization that is exempt from taxation under Section +501(c)(3) of the Internal Revenue Code, as amended; +      (2)   was purchased from any public officer acting in an official +capacity as a trustee in bankruptcy, executor, administrator, or receiver; from +any public official acting under judicial process or authority; or from a sale +on the execution, or by virtue, of any process issued by a court; +      (3)   consists of aluminum food or beverage containers, used food or +beverage containers, or similar food or beverage containers for the purpose of +recycling, other than beer or beverage kegs; or +      (4)   was purchased from a manufacturing, industrial, or other commercial +vendor that generates or sells regulated metal property in the ordinary course +of its business. +   (c)   The culpable mental state required for the commission of an offense +under this chapter is governed by Section +1-5.1 of this code. (Ord. Nos. 20260; 22958; 26537; 27202; 27249) +ARTICLE II. +LICENSING OF SECONDARY METALS RECYCLERS. +SEC. 40B-10.   LICENSE REQUIRED. +   (a)   A person commits an offense if, without a license issued under this +article, he: +      (1)   purchases regulated metal property in the city for resale or +salvage use; +      (2)   operates a business establishment in the city that purports to +purchase regulated metal property for resale or salvage use; or +      (3)   in any other manner conducts business in the city as a secondary +metals recycler. +   (b)   An application for a license must be made on a form provided by the +chief. Each applicant must be qualified according to the provisions of this +chapter. +   (c)   A person who wishes to purchase regulated metal property for resale or +salvage use must sign the application as applicant. If the person is a legal +entity, including but not limited to a corporation, partnership, association, +or joint venture, each individual who has a 20 percent or greater interest in +the business must sign the application for a license as an applicant. Each +applicant must meet the requirements of Section +40B-11(a), and each applicant will be considered a licensee if a license is +granted. +   (d)   It is a defense to prosecution under this section that, at the time of +the alleged offense, the person was purchasing regulated metal property for +resale or salvage use under the specific authority of a valid license issued by +the State of Texas (other than a certificate of registration issued under +Chapter 1956, Texas Occupations Code, as amended) or the United States +government. A license must still be obtained under this section for those +activities conducted by a secondary metals recycler that are not specifically +authorized by a state or federal license. (Ord. Nos. 22958; 27202; 27249) +SEC. 40B-11.   ISSUANCE OF LICENSE; POSTING. +   (a)   The chief shall issue a license to an applicant within 30 days after +receipt of an application unless it is determined that one or more of the +following is true: +      (1)   An applicant is under 18 years of age. +      (2)   An applicant or an applicant’s spouse is overdue in payment to the +city of taxes, fees, fines, or penalties assessed against or imposed upon the +applicant or the applicant’s spouse. +      (3)   An applicant failed to answer or falsely answered a question or +request for information on the application form provided. +      (4)   An applicant or an applicant’s spouse has been convicted of two or +more offenses under this chapter, other than the offense of conducting business +as a secondary metals recycler without a license, within two years immediately +preceding the application. The fact that a conviction is being appealed has no +effect. +      (5)   An applicant has not obtained a certificate of occupancy for the +premises in which the applicant intends to do business, or the business or its +location would otherwise be in violation of the Dallas Development Code or any +other applicable city ordinance or state or federal law. +      (6)   The license fee required by this chapter has not been paid. +      (7)   An applicant has been convicted of a felony or a Class A +misdemeanor involving theft or fraud, including but not limited to theft, +robbery, burglary, forgery, criminal simulation, deceptive business practices, +securing execution of document by deception, or any other similar state or +federal criminal offense, and three years have not elapsed since the +termination of any sentence, parole, or probation; the fact that a conviction +is being appealed has no effect. If three years have elapsed, the chief shall, +in accordance with Section 53.023 of the Texas Occupations Code, as amended, +determine the present fitness of the applicant to be licensed from the +information and evidence presented with the application. +      (8)   An applicant has been convicted of an offense under any federal or +state law providing recordkeeping or licensing requirements for persons +purchasing or selling regulated metal property, and three years have not +elapsed since the termination of any sentence, parole, or probation. The fact +that a conviction is being appealed has no effect. +   (b)   The license, if granted, must state on its face the name of the person +or persons to whom it is granted, the expiration date, and the address of the +premises for which the license is granted. A license issued pursuant to this +chapter is valid only for the location stated in the application. Should any +licensee move a place of business from the place stated on the license to a new +location, the licensee shall give the chief prior written notice and present +the license to the chief to have the change of location noted on the license. +   (c)   A license must be posted in a conspicuous place at or near the +entrance to the licensed premises so that it may be easily read at any time. +   (d)   If the chief determines that issuance or renewal of a license should +be denied, the chief shall send to the applicant or licensee by certified mail, +return receipt requested, a written statement of the reasons for the denial and +of the applicant or licensee’s right to appeal. (Ord. Nos. 22958; 27202; 27249) +SEC. 40B-12.   FEES. +   The annual fee for a license issued under this article is $245. (Ord. Nos. +22958; 27202; 27249) +SEC. 40B-13.   EXPIRATION OF LICENSE. +   Each license will expire one year from the date of issuance and may be +renewed only by making application as provided in Section +40B-10. To ensure reissuance of a license prior to expiration, application for +renewal should be made at least 30 days before the expiration date. (Ord. Nos. +22958; 27202; 27249) +SEC. 40B-14.   SUSPENSION. +   (a)   The chief shall suspend a license for a definite period of time, not +exceeding 30 days, if the chief determines that a licensee, an individual who +is a business associate of the licensee in the same or a related business or a +corporate officer of the licensee, or an employee of the licensee: +      (1)   committed, in the aggregate, two or more violations of this chapter +within any six-month period; or +      (2)   intentionally or knowingly impeded or refused to allow an +inspection by the chief authorized under this chapter. +   (b)   The chief shall send to the licensee by certified mail, return receipt +requested, a written statement of the reasons for the suspension, the date the +suspension is to begin, the duration of the suspension, and the licensee’s +right to appeal. +   (c)   A licensee whose license is suspended may not operate as a secondary +metals recycler inside the city during the period of suspension. (Ord. Nos. +22958; 27202; 27249) +SEC. 40B-15.   REVOCATION. +   (a)   The chief shall revoke a license if it is determined that one or more +of the following is true: +      (1)   A licensee has given a false statement as to a material matter +submitted to the chief during the application process. +      (2)   A licensee, an individual who is a business associate of the +licensee in the same or a related business or a corporate officer of the +licensee, or an employee of the licensee has been convicted within a two-year +period of three or more offenses under this chapter. If a conviction is +appealed, the time period between conviction and final disposition on appeal of +the conviction is not included in calculating the two- year period if the +conviction is affirmed. +      (3)   A licensee has been convicted of any felony or of a Class A +misdemeanor involving theft or fraud, including but not limited to theft, +robbery, burglary, forgery, criminal simulation, deceptive business practices, +securing execution of document by deception, or any other similar state or +federal criminal offense, and three years have not elapsed since the +termination of any sentence, parole, or probation. The fact that a conviction +is being appealed has no effect. +      (4)   A licensee has been convicted of an offense under any federal or +state law providing recordkeeping or licensing requirements for persons +purchasing or selling regulated metal property, and three years have not +elapsed since the termination of any sentence, parole, or probation. The fact +that a conviction is being appealed has no effect. +      (5)   A cause for suspension under Section +40B-14 has occurred and the license has already been suspended at least once +within the preceding 12 months. +      (6)   The licensee does not qualify for a license under Section +40B-11(a). +   (b)   The chief shall send to the licensee by certified mail, return receipt +requested, a written statement of the reasons for the revocation and of the +licensee’s right to appeal. +   (c)   When the chief revokes a license, the revocation will continue for one +year, and the licensee may not be issued a license for one year from the date +revocation became final. If, subsequent to revocation, the chief finds that the +basis for the revocation action has been corrected or abated, the applicant may +be granted a license if at least 90 days have elapsed since the date the +revocation became final. If the license was revoked under Subsection (a)(3) or +(a)(4) of this section, an applicant may not be granted another license within +three years of the termination of any sentence, parole, or probation. (Ord. +Nos. 22958; 27202; 27249) +SEC. 40B-16.   APPEAL. +   If the chief denies issuance or renewal of a license, or suspends or revokes +a license, the aggrieved party may appeal the decision of the chief to a permit +and license appeal board in accordance with Section +2-96 of this code. The action of the chief is final unless a timely appeal is +made. The filing of an appeal stays the action of the chief in suspending or +revoking a license until the permit and license appeal board makes a final +decision. (Ord. Nos. 22958; 27202; 27249) +SEC. 40B-17.   TRANSFER OF LICENSE. +   A licensee shall not: +      (1)   transfer a license issued under this chapter to another; or +      (2)   operate a business engaged in the purchase of regulated metal +property for resale or salvage use under the authority of a license at any +location other than the address designated in the license application. (Ord. +Nos. 22958; 27202; 27249) +CHAPTER 41 +SMOKING +ARTICLE I. +GENERAL PROVISIONS. +Sec. +41-1.   Definitions. +ARTICLE II. +SMOKING PROHIBITIONS. +Sec. +41-2.   Smoking prohibited in certain areas. +Sec. +41-3.   Signage and other requirements. +Secs. 41-4 thru 41-5.   Reserved. +ARTICLE III. +RESERVED. +Secs. 41-6 thru 41-8.   Reserved. +ARTICLE IV. +ENFORCEMENT. +Sec. +41-9.   Penalties. +ARTICLE V. +TOBACCO-PRODUCT VENDING MACHINES. +Sec. +41-10.   Definitions. +Sec. +41-11.   Tobacco-product vending machines prohibited; defenses. +Sec. +41-12.   Lock-out devices. +ARTICLE I. +GENERAL PROVISIONS. +SEC. 41-1.   DEFINITIONS. +   In this chapter: +      (1)   BAR means an establishment principally for the sale and consumption +of alcoholic beverages on the premises that derives 75 percent or more of its +gross revenue on a quarterly (three-month) basis from the sale or service of +alcoholic beverages, as defined in the Texas Alcoholic Beverage Code, for on- +premises consumption. If an establishment is located in a hotel or motel, the +gross revenues of the particular establishment, rather than the gross revenues +of the entire hotel or motel, will be used in calculating the percentage of +revenues derived from the sale or service of alcoholic beverages. +      (2)   BILLIARDS means any game played on a cloth-covered table with balls +and cue sticks where the balls are struck by the sticks and the balls strike +against one another. +      (3)   BILLIARD HALL means an establishment that: +         (A)   holds a valid billiard hall license issued by the city under +Chapter 9A of this code; +         (B)   has at least 12 billiard tables that are not coin-operated +available for rent to persons desiring to play billiards on the premises; and +         (C)   derives 70 percent or more of its gross revenue on a quarterly +(three-month) basis from the sale or service of alcoholic beverages, as defined +in the Texas Alcoholic Beverage Code, for on-premises consumption and from the +rental of billiard tables and billiard equipment to persons desiring to play +billiards on the premises. +      (4)   CIGAR BAR means a bar that derives 15 percent or more of its gross +revenue on a quarterly (three-month) basis from the sale or rental of tobacco, +tobacco products, smoking implements, or smoking accessories for on-premises +consumption. +      (5)   DIRECTOR means the director of the department designated by the +city manager to enforce and administer this chapter, or the director's +designated representative. +      (6)   EATING ESTABLISHMENT means any establishment that prepares or +serves food or beverages, regardless of whether the establishment provides +seating or facilities for on-premises consumption. The term includes, but is +not limited to, restaurants, coffee shops, cafeterias, short order cafes, fast +food establishments, luncheonettes, lunchrooms, soda fountains, food carts, +food vending vehicles, and catering establishments. +      (7)   EMPLOYEE means any person who works for hire at an indoor or +enclosed area including an independent contractor with an assigned indoor +location. +      (8)   EMPLOYER means any person who employs one or more employees. +      (9)   ENCLOSED means an area that: +         (A)   is closed in overhead by a roof or other covering of any +material, whether permanent or temporary; and +         (B)   has 40 percent or more of its perimeter closed in by walls or +other coverings of any material, whether permanent or temporary. +      (10)   HOSPITAL means any institution that provides medical, surgical, +and overnight facilities for patients. +      (11)   MINOR means an individual: +         (A)   under 21 years of age; or +         (B)   at least 18 years of age and presenting a valid military +identification card of the United States military forces or the state military +forces. +      (12)   PARK PARTNER means any entity that contracts with the city for the +operation, maintenance, or management of park property. +      (13)   PARK PROPERTY means property under the control and jurisdiction of +the park board. +      (14)   PERSON means an individual, firm, partnership, association, or +other legal entity. +      (15)   RETAIL OR SERVICE ESTABLISHMENT means any establishment that sells +goods or services to the general public, including but not limited to any +eating establishment, bar, hotel, motel, department store, grocery store, drug +store, shopping mall, laundromat, bingo parlor, bowling center, billiard hall, +or hair styling salon. +      (16)   SECOND-HAND SMOKE means ambient smoke resulting from the act of +smoking. +      (17)   SMOKE OR SMOKING means inhaling, exhaling, possessing, or carrying +any lighted or burning cigar or cigarette, or any pipe or other device that +contains lighted or burning tobacco or tobacco products. +      (18)   TOBACCO SHOP means a retail or service establishment that derives +90 percent or more of its gross revenue on a quarterly (three-month) basis from +the sale of tobacco, tobacco products, or smoking implements. +      (19)   WORKPLACE means any indoor or enclosed area where an employee +works for an employer. (Ord. Nos. 18961; 19648; 25168; 27440; 30258; 31360) +ARTICLE II. +SMOKING PROHIBITIONS. +SEC. 41-2.   SMOKING PROHIBITED IN CERTAIN AREAS. +   (a)   A person commits an offense if he smokes: +      (1)   in any indoor or enclosed area in the city; +      (2)   within 15 feet of any entrance to an indoor or enclosed area in the +city; +      (3)   in any area designated as nonsmoking by the owner, operator, or +person in control of the area and marked with a no smoking sign complying with +Section +41-3; or +      (4)   on park property. +   (b)   An owner, operator, or person in control of an indoor or enclosed area +in the city commits an offense if he, either personally or through an employee +or agent, permits a person to smoke in the indoor or enclosed area. +   (c)   For purposes of this chapter, an indoor or enclosed area includes but +is not limited to the following: +      (1)   An elevator. +      (2)   A hospital or nursing home. +      (3)   Any facility owned, operated, or managed by the city. +      (4)   Any retail or service establishment. +      (5)   Any workplace. +      (6)   Any facility of a public or private primary or secondary school or +any enclosed theater, movie house, library, museum, or transit system vehicle. +   (d)   It is a defense to prosecution under Subsection (a)(1), (a)(3), or (b) +of this section if the person was smoking in a location that was: +      (1)   a private residence, except that this defense does not apply when +the residence is being used as a child care facility, adult day care facility, +or health care facility; +      (2)   a stage or set of a production of a television program, a +theatrical presentation, or a motion picture or filming event where smoking by +an actor or performer is essential to the production; +      (3)   a cigar bar that: +         (A)   was lawfully operating as a cigar bar on December 10, 2008 +(except that this defense does not apply if the cigar bar is expanded, is +relocated, or changes majority ownership after December 10, 2008); +         (B)   does not open into any other indoor or enclosed area in which +smoking is prohibited under this section; +         (C)   is not generally accessible by a minor; and +         (D)   keeps all windows and doors closed at all times except as +reasonably necessary for the expeditious entering and exiting of the cigar bar; +      (4)   a tobacco shop that: +         (A)   does not open into any other indoor or enclosed area in which +smoking is prohibited under this section; and +         (B)   keeps all windows and doors closed at all times except as +reasonably necessary for the expeditious entering and exiting of the tobacco +shop; +      (5)   an unenclosed outdoor seating area associated with an indoor or +enclosed area, including but not limited to a bar, hotel, motel, or eating +establishment, except that this defense does not apply if: +         (A)   the outdoor seating area is adjacent to a playground or play +area for children; or +         (B)   the location was posted as a nonsmoking area by the owner, +operator, or person in control of the establishment or area with a sign +complying with Section +41-3; or +      (6)   a private, rented guest room in a hotel or motel that has been +designated as a smoking room by the owner, operator, or person in control of +the hotel or motel. +   (e)   It is a defense to prosecution under Subsection (a)(2) of this section +if the person was smoking in a location that was an unenclosed outdoor seating +area associated with an indoor or enclosed area, including but not limited to a +bar, hotel, motel, or eating establishment, except that this defense does not +apply if: +      (1)   the outdoor seating area is adjacent to a playground or play area +for children; or +      (2)   the location was posted as a nonsmoking area by the owner, +operator, or person in control of the establishment or area with a sign +complying with Section +41-3. +   (f)   It is a defense to prosecution under Subsection (a)(4) of this section +if the person was smoking in a location that was: +      (1)   a golf course, if the location was: +         (i)   between the tee box of the first hole and the end of the green +of the 18th hole; +         (ii)   on the driving range; or +         (iii)   on the outdoor patio; +      (2)   the Elm Fork Shooting Range; or +      (3)   at a park partner site. (Ord. Nos. 18961; 19648; 21109; 21109; +21614; 25168; 27440; 30258) +SEC. 41-3.   SIGNAGE AND OTHER REQUIREMENTS. +   (a)   The owner, operator, or person in control of an establishment or other +area in which smoking is prohibited under Section +41-2(a)(1) or (a)(3) shall post a conspicuous sign at the main entrance to the +establishment or area. The sign must contain the words "No Smoking, City of +Dallas Ordinance," the universal symbol for no smoking, or other language that +clearly prohibits smoking. +   (b)   The owner, operator, or person in control of an indoor or enclosed +area to which the smoking prohibition of Section +41-2(a)(2) applies shall post a conspicuous sign at each entrance to the indoor +or enclosed area. The sign must contain the words "No Smoking within 15 Feet of +Entrance, City of Dallas Ordinance." The universal symbol for no smoking may be +substituted for the words “No Smoking.” +   (c)   The owner, operator, or person in control of an establishment or area +in which smoking is prohibited under Section +41-2 shall remove all ashtrays from the establishment or area. +   (d)   It is a defense to prosecution under this section that the +establishment or area is a location for which a defense to prosecution is +provided under Section +41-2(d). (Ord. 27440) +SECS. 41-4 THRU 41-5.   RESERVED. +   (Repealed by Ord. 25168) +ARTICLE III. +RESERVED. +SECS. 41-6 THRU 41-8.   RESERVED. +   (Repealed by Ord. 27440) +ARTICLE IV. +ENFORCEMENT. +SEC. 41-9.   PENALTIES. +   (a)   A person who violates a provision of this chapter, or who fails to +perform an act required of the person by this chapter, commits an offense. A +person commits a separate offense each day or portion of a day during which a +violation is committed, permitted, or continued. +   (b)   Unless specifically provided otherwise in this chapter, an offense +under this chapter is punishable by a fine of $200. +   (c)   The culpable mental state required for the commission of an offense +under this chapter is governed by Section +1-5.1 of this code. (Ord. Nos. 18961; 19648; 21540; 25168; 27440) +ARTICLE V. +TOBACCO-PRODUCT VENDING MACHINES. +SEC. 41-10.   DEFINITIONS. +   In this article: +      (1)   TOBACCO-PRODUCT VENDING MACHINE means any self-service device that, +upon insertion of any coin, paper currency, token, card, key, or other item, +dispenses one or more tobacco products. The term does not include any machine +that is in storage, in transit, or otherwise not set up for use and operation, +nor does it include any machine that is situated on a train, bus, or other +public conveyance. +      (2)   RESTAURANT BAR means any area of an eating establishment, excluding +the dining area: +         (A)   that is primarily devoted to the serving of alcoholic beverages +for consumption by guests on the premises; and +         (B)   in which food service, if any, is only incidental to the +consumption of alcoholic beverages. (Ord. Nos. 21540; 21613; 25168; 27440) +SEC. 41-11.   TOBACCO-PRODUCT VENDING MACHINES PROHIBITED; DEFENSES. +   (a)   A person commits an offense if he owns or allows the display or use of +any tobacco-product vending machine upon any property within the city. +   (b)   It is a defense to prosecution under Subsection (a) that the tobacco- +product vending machine was: +      (1)   situated in a premises where entry by a person under 21 years of +age is prohibited by law; +      (2)   situated in a hotel, motel, bar, or restaurant bar, +      (3)   located in a workplace with the permission of the employer; +provided that: +         (A)   the employer usually has no person under 21 years of age +employed at the workplace; and +         (B)   the tobacco-product vending machine is situated at a location +within the workplace to which no person other than an employee of the workplace +is usually permitted to have access; or +      (4)   located in an eating establishment and equipped with a lock-out +device that was installed, maintained, and operated in compliance with Section +41-12. (Ord. Nos. 21540; 21613; 25168; 27440; 31360) +SEC. 41-12.   LOCK-OUT DEVICES. +   (a)   A lock-out device on a tobacco-product vending machine located in an +eating establishment must be installed, maintained, and operated in compliance +with this section. +   (b)   A lock-out device may be electrical or mechanical and must be approved +by the director. +   (c)   An owner, operator, employee, or other person in charge of an eating +establishment who is at least 21 years of age shall: +      (1)   install and continuously maintain a lock-out device on a tobacco- +product vending machine in good working order; +      (2)   require identification from any potential customer of the tobacco- +product vending machine who appears to be under 30 years of age; +      (3)   physically observe all transactions in which the tobacco-product +vending machine is used; and +      (4)   physically release the lock-out device before each sale from a +tobacco-product vending machine. (Ord. Nos. 21613; 25168; 27440; 31360) +CHAPTER 41A +SEXUALLY ORIENTED BUSINESSES +Sec. +41A-1.   Purpose and intent. +Sec. +41A-2.   Definitions. +Sec. +41A-3.   Classification. +Sec. +41A-4.   License and designated operator required. +Sec. +41A-5.   Issuance of license. +Sec. +41A-6.   Fees. +Sec. +41A-7.   Inspection. +Sec. +41A-7.1.   Identification records. +Sec. +41A-8.   Expiration of license. +Sec. +41A-9.   Suspension. +Sec. +41A-10.   Revocation. +Sec. +41A-10.1.   Denial, suspension, revocation, or denial of renewal of a license +for criminal convictions. +Sec. +41A-10.2.   Notice of denial of issuance or renewal of license or suspension or +revocation of license; surrender of license. +Sec. +41A-11.   Appeal. +Sec. +41A-12.   Transfer of license. +Sec. +41A-13.   Location of sexually oriented businesses. +Sec. +41A-14.   Exemption from location restrictions. +Sec. +41A-14.1.   Exterior portions of sexually oriented businesses. +Sec. +41A-14.2.   Sign requirements. +Sec. +41A-14.3.   Hours of operation. +Sec. +41A-15.   Additional regulations for escort agencies. +Sec. +41A-16.   Additional regulations for nude model studios. +Sec. +41A-17.   Additional regulations for adult motion picture theaters. +Sec. +41A-18.   Additional regulations for adult motels. +Sec. +41A-18.1.   Additional regulations for adult cabarets. +Sec. +41A-19.   Regulations pertaining to exhibition of sexually explicit films or +videos. +Sec. +41A-20.   Display of sexually explicit material to minors. +Sec. +41A-20.1.   Prohibitions against minors in sexually oriented businesses. +Sec. +41A-21.   Enforcement. +Sec. +41A-22.   Injunction. +Sec. +41A-23.   Amendment of this chapter. +SEC. 41A-1.   PURPOSE AND INTENT. +   (a)   It is the purpose of this chapter to regulate sexually oriented +businesses to promote the health, safety, morals, and general welfare of the +citizens of the city; to establish reasonable and uniform regulations to +prevent the continued concentration of sexually oriented businesses within the +city; and to minimize the deleterious secondary effects of sexually oriented +businesses both inside such businesses and outside in the surrounding +communities. The provisions of this chapter have neither the purpose nor effect +of imposing a limitation or restriction on the content of any communicative +materials or performances, including sexually oriented materials and +performances. Similarly, it is neither the intent nor effect of this chapter to +restrict or deny access by adults to sexually oriented materials and +performances protected by the First Amendment, or to deny access by the +distributors and exhibitors of sexually oriented entertainment to their +intended market. +   (b)   It is the intent of the city council that this chapter is promulgated +pursuant to Chapter 243 of the Texas Local Government Code, as amended. +   (c)   A license, permit, or decal granted under this chapter or under any +other city ordinance does not authorize or legalize any conduct, activity, or +business that is illegal under state or federal law. (Ord. Nos. 19196; 24440; +24699; 25296; 27139) +SEC. 41A-2.   DEFINITIONS. +   In this chapter: +      (1)   ACHROMATIC means colorless or lacking in saturation or hue. The +term includes, but is not limited to, grays, tans, and light earth tones. The +term does not include white, black, or any bold coloration that attracts +attention. +       (2)   ADULT ARCADE means any place to which the public is permitted or +invited wherein coin- operated or slug-operated or electronically, +electrically, or mechanically controlled still or motion picture machines, +projectors, or other image-producing devices are maintained to show images to +five or fewer persons per machine at any one time, and where the images so +displayed are distinguished or characterized by the depicting or describing of +“specified sexual activities” or “specified anatomical areas.” +      (3)   ADULT BOOKSTORE or ADULT VIDEO STORE means a commercial +establishment that as one of its principal business purposes offers for sale or +rental for any form of consideration any one or more of the following: +         (A)   books, magazines, periodicals or other printed matter, or +photographs, films, motion pictures, DVD’s, video cassettes or video +reproductions, slides, or other visual representations, that depict or describe +“specified sexual activities” or “specified anatomical areas”; or +         (B)   instruments, devices, or paraphernalia that are designed for use +in connection with “specified sexual activities.” +      (4)   ADULT CABARET means a commercial establishment that regularly +features the offering to customers of adult cabaret entertainment. +      (5)   ADULT CABARET ENTERTAINER means an employee of a sexually oriented +business who engages in or performs adult cabaret entertainment. +      (6)   ADULT CABARET ENTERTAINMENT means live entertainment that: +         (A)   is intended to provide sexual stimulation or sexual +gratification; and +         (B)   is distinguished by or characterized by an emphasis on matter +depicting, simulating, describing, or relating to “specified anatomical areas” +or “specified sexual activities.” +      (7)   ADULT MOTEL means a hotel, motel, or similar commercial +establishment that: +         (A)   offers accommodations to the public for any form of +consideration; provides patrons with closed-circuit television transmissions, +films, motion pictures, video cassettes, slides, or other photographic +reproductions that are characterized by the depiction or description of +“specified sexual activities” or “specified anatomical areas”; and has a sign +visible from the public right-of-way that advertises the availability of this +adult type of photographic reproductions; or +         (B)   offers a sleeping room for rent for a period of time that is +less than 10 hours; or +         (C)   allows a tenant or occupant of a sleeping room to subrent the +room for a period of time that is less than 10 hours. +      (8)   ADULT MOTION PICTURE THEATER means a commercial establishment +where, for any form of consideration, films, motion pictures, video cassettes, +slides, or similar photographic reproductions are regularly shown that are +characterized by the depiction or description of “specified sexual activities” +or “specified anatomical areas.” +      (9)   APPLICANT means: +         (A)   a person in whose name a license to operate a sexually oriented +business will be issued; +         (B)   each individual who signs an application for a sexually oriented +business license as required by Section +41A-4(d); +         (C)   each individual who is an officer of a sexually oriented +business for which a license application is made under Section +41A-4, regardless of whether the individual’s name or signature appears on the +application; +         (D)   each individual who has a 20 percent or greater ownership +interest in a sexually oriented business for which a license application is +made under Section +41A-4, regardless of whether the individual’s name or signature appears on the +application; and +         (E)   each individual who exercises substantial de facto control over +a sexually oriented business for which a license application is made under +Section +41A-4, regardless of whether the individual’s name or signature appears on the +application. +      (10)   CHIEF OF POLICE means the chief of police of the city of Dallas or +the chief’s designated agent. +      (11)   CHILD-CARE FACILITY has the meaning given that term in Section +51A-4.204 of the Dallas Development Code, as amended. +      (12)   CHURCH has the meaning given that term in Section +51A-4.204 of the Dallas Development Code, as amended. +      (13)   CONVICTION means a conviction in a federal court or a court of any +state or foreign nation or political subdivision of a state or foreign nation +that has not been reversed, vacated, or pardoned. “Conviction” includes +disposition of charges against a person by probation or deferred adjudication. +      (14)   DESIGNATED OPERATOR means the person or persons identified in the +license application, or in any supplement or amendment to the license +application, as being a designated operator of the sexually oriented business. +      (15)   EMPLOYEE means any individual who: +         (A)   is listed as a part-time, full-time, temporary, or permanent +employee on the payroll of an applicant, licensee, or sexually oriented +business; or +         (B)    performs or provides entertainment on the sexually oriented +business premises for any form of compensation or consideration. +      (16)   ESCORT means a person who, for consideration, agrees or offers to +act as a companion, guide, or date for another person, or who agrees or offers +to privately model lingerie or to privately perform a striptease for another +person. +      (17)   ESCORT AGENCY means a person or business association that +furnishes, offers to furnish, or advertises to furnish escorts as one of its +primary business purposes, for a fee, tip, or other consideration. +      (18)   ESTABLISHMENT means and includes any of the following: +         (A)   the opening or commencement of any sexually oriented business as +a new business; +         (B)   the conversion of an existing business, whether or not a +sexually oriented business, to any sexually oriented business; +         (C)   the addition of any sexually oriented business to any other +existing sexually oriented business; or +          (D)   the relocation of any sexually oriented business. +      (19)   HISTORIC DISTRICT means an historic overlay zoning district as +defined in the Dallas Development Code, as amended. +      (20)   HOSPITAL has the meaning given that term in Section +51A-4.204 of the Dallas Development Code, as amended. +      (21)   LICENSEE means: +         (A)   a person in whose name a license to operate a sexually oriented +business has been issued; +         (B)   each individual listed as an applicant on the application for a +license; +         (C)   each individual who is an officer of a sexually oriented +business for which a license has been issued under this chapter, regardless of +whether the individual’s name or signature appears on the license application; +         (D)   each individual who has a 20 percent or greater ownership +interest in a sexually oriented business for which a license has been issued +under this chapter, regardless of whether the individual’s name or signature +appears on the license application; and +         (E)   each individual who exercises substantial de facto control over +a sexually oriented business for which a license has been issued under this +chapter, regardless of whether the individual’s name or signature appears on +the license application. +      (22)   MINOR means a person under the age of 18 years. +      (23)   NUDE MODEL STUDIO means any place where a person who appears in a +state of nudity or displays “specified anatomical areas” is provided to be +observed, sketched, drawn, painted, sculptured, photographed, or similarly +depicted by other persons who pay money or any form of consideration. +      (24)   NUDITY or a STATE OF NUDITY means: +         (A)   the appearance of a human bare buttock, anus, male genitals, +female genitals, or female breast; or +         (B)   a state of dress that fails to completely and opaquely cover a +human buttock, anus, male genitals, female genitals, or any part of the female +breast or breasts that is situated below a point immediately above the top of +the areola. +      (25)   OPERATES OR CAUSES TO BE OPERATED means to cause to function or to +put or keep in operation. A person may be found to be operating or causing to +be operated a sexually oriented business whether or not that person is an +owner, part owner, or licensee of the business. +      (26)   OPERATOR means any person who has managerial control of the on- +site, day-to-day operations of a sexually oriented business, regardless of +whether that person is a designated operator of the sexually oriented business. +      (27)   PERSON means an individual, proprietorship, partnership, +corporation, association, or other legal entity. +      (28)   PUBLIC PARK has the meaning given that term in Section +51A-4.208 of the Dallas Development Code, as amended. +      (29)   RESIDENTIAL DISTRICT means a single family, duplex, townhouse, +multiple family, or mobile home zoning district as defined in the Dallas +Development Code, as amended. +      (30)   RESIDENTIAL USE means a single family, duplex, multiple family, or +“mobile home park, mobile home subdivision, and campground” use as defined in +the Dallas Development Code, as amended. +      (31)   SEXUALLY ORIENTED BUSINESS means an adult arcade, adult bookstore +or adult video store, adult cabaret, adult motel, adult motion picture theater, +escort agency, nude model studio, or other commercial enterprise the primary +business of which is the offering of a service or the selling, renting, or +exhibiting of devices or any other items intended to provide sexual stimulation +or sexual gratification to the customer. +      (32)   SIGN means any display, design, pictorial, or other representation +that is: +         (A)   constructed, placed, attached, painted, erected, fastened, or +manufactured in any manner whatsoever so that it is visible from the outside of +a sexually oriented business; and +         (B)   used to seek the attraction of the public to any goods, +services, or merchandise available at the sexually oriented business. +The term “sign” also includes any representation painted on or otherwise +affixed to any exterior portion of a sexually oriented business establishment +or to any part of the tract upon which the establishment is situated. +      (33)   SPECIFIED ANATOMICAL AREAS means: +         (A)   any of the following, or any combination of the following, when +less than completely and opaquely covered: +            (i)   any human genitals, pubic region, or pubic hair; +            (ii)   any buttock; or +            (iii)   any portion of the female breast or breasts that is +situated below a point immediately above the top of the areola; or +         (B)   human male genitals in a discernibly erect state, even if +completely and opaquely covered. +      (34)   SPECIFIED SEXUAL ACTIVITIES means and includes any of the +following: +         (A)   the fondling or other erotic touching of human genitals, pubic +region, buttocks, anus, or female breasts; +         (B)   sex acts, normal or perverted, actual or simulated, including +intercourse, oral copulation, or sodomy; +         (C)   masturbation, actual or simulated; or +         (D)   excretory functions as part of or in connection with any of the +activities set forth in Paragraphs (A) through (C) of this subsection. +      (35)   SUBSTANTIAL ENLARGEMENT of a sexually oriented business means an +increase in the floor area occupied by the business by more than 25 percent, as +the floor area existed on: +         (A)   June 18, 1986, for any premises that were used as a sexually +oriented business on or before that date, regardless of any subsequent changes +in applicants, licensees, owners, or operators of the premises or the sexually +oriented business; +         (B)   August 22, 2001, for any premises that were used as a sexually +oriented business on or before August 22, 2001, but not on or before June 18, +1986, regardless of any subsequent changes in applicants, licensees, owners, or +operators of the premises or the sexually oriented business; or +         (C)   for any premises not used as a sexually oriented business on or +before August 22, 2001, the date an initial application for a license to use +the premises as a sexually oriented business is received by the chief of police +designating the floor area of the structure or proposed structure in which the +sexually oriented business will be conducted, regardless of any subsequent +changes in applicants, licensees, owners, or operators of the premises or the +sexually oriented business. +      (36)   TRANSFER OF OWNERSHIP OR CONTROL of a sexually oriented business +means and includes any of the following: +         (A)   the sale, lease, or sublease of the business; +         (B)   the transfer of securities that constitute a controlling +interest in the business, whether by sale, exchange, or similar means; or +         (C)   the establishment of a trust, gift, or other similar legal +device that transfers the ownership or control of the business, except for +transfer by bequest or other operation of law upon the death of the person +possessing the ownership or control. +      (37)   VIP ROOM means any separate area, room, booth, cubicle, or other +portion of the interior of an adult cabaret (excluding a restroom and excluding +an area of which the entire interior is clearly and completely visible from the +exterior of the area) to which one or more customers are allowed access or +occupancy and other customers are excluded. (Ord. Nos. 19196; 19377; 20291; +20552; 21838; 23137; 24440; 24699; 25296; 27139) +SEC. 41A-3.   CLASSIFICATION. +   Sexually oriented businesses are classified as follows: +      (1)   adult arcades; +      (2)   adult bookstores or adult video stores; +      (3)   adult cabarets; +      (4)   adult motels; +      (5)   adult motion picture theaters; +      (6)   escort agencies; and +      (7)   nude model studios. (Ord. Nos. 19196; 24440; 24699; 25296; 27139) +SEC. 41A-4.   LICENSE AND DESIGNATED OPERATOR REQUIRED. +   (a)   A person commits an offense if he operates a sexually oriented +business without a valid license issued by the city for the particular type of +business. +   (b)   An application for a license must be made on a form provided by the +chief of police. The application must be accompanied by a sketch or diagram +showing the configuration of the premises, including a statement of total floor +space occupied by the business. The sketch or diagram need not be +professionally prepared but must be drawn to a designated scale or drawn with +marked dimensions of the interior of the premises to an accuracy of plus or +minus six inches. Applicants who must comply with Section +41A-19 of this chapter shall submit a diagram meeting the requirements of +Section +41A-19. +   (c)   Only a person who is an officer of or who has an ownership interest in +a sexually oriented business may apply for a license for the business. Each +applicant must be qualified according to the provisions of this chapter. +   (d)   If a person who wishes to operate a sexually oriented business is an +individual, he must sign the application for a license as the applicant. If a +person who wishes to operate a sexually oriented business is other than an +individual, each individual who is an officer of the business or who has a 20 +percent or greater ownership interest in the business must sign the application +for a license as an applicant. The application must be sworn to be true and +correct by each applicant. Each applicant must be qualified under Section +41A-5, and each applicant shall be considered a licensee if a license is +granted. +   (e)   The fact that a person possesses a valid dance hall license does not +exempt the person from the requirement of obtaining a sexually oriented +business license. A person who operates a sexually oriented business and +possesses a dance hall license shall comply with the requirements and +provisions of this chapter as well as the requirements and provisions of +Chapter 14 of this code when applicable. +   (f)   In addition to identifying those persons required to sign an +application under Subsection (b), the application must identify all parent and +related corporations or entities of any person who will own or operate the +sexually oriented business and include the names of the officers of each parent +or related corporation or entity. +   (g)   The application must also include the name, address, and telephone +number of one or more designated operators who will be present on the premises +of the sexually oriented business during all hours of operation. The applicant +or licensee shall maintain a current list of designated operators with the +chief of police. Before a person may serve as a designated operator of the +sexually oriented business, the person must be named in the license +application, or a supplement or amendment to the license application, and not +be disqualified to operate a sexually oriented business under this chapter. +   (h)   A licensee commits an offense if he fails to maintain at least one +designated operator present on the premises of the sexually oriented business +during all hours of operation. +   (i)   The application must include a current official Texas criminal history +report with a fingerprint card (issued within the preceding 12 months) for the +applicant, the applicant’s spouse, and each designated operator showing that +they are not disqualified to operate a sexually oriented business under this +chapter. (Ord. Nos. 19196; 20552; 21838; 24440; 24699; 27139) +SEC. 41A-5.   ISSUANCE OF LICENSE. +   (a)   The chief of police shall approve the issuance of a license by the +special collections division of the water utilities department to an applicant +within 30 days after receipt of an application unless the chief of police finds +one or more of the following to be true: +      (1)   An applicant is a minor. +      (2)   An applicant or an applicant’s spouse is overdue in payment to the +city of taxes, fees, fines, or penalties assessed against or imposed upon the +applicant or the applicant’s spouse in relation to a sexually oriented +business. +      (3)   An applicant has failed to provide information reasonably necessary +for issuance of the license or has falsely answered a question or request for +information on the application form. +      (4)   An applicant, an applicant’s spouse, or a designated operator has +been convicted of a violation of a provision of this chapter within two years +immediately preceding the application. +      (5)   Any fee required by this chapter has not been paid. +      (6)   Reserved. +      (7)   An applicant or the proposed establishment is in violation of or is +not in compliance with Section +41A-7, +41A-7.1, +41A-12, +41A-13, +41A-14.1, +41A-14.2, +41A-15, +41A-16, +41A-17, +41A-18, +41A-18.1, +41A-19, +41A-20, or +41A-20.1(a). +      (8)   An applicant, an applicant’s spouse, or a designated operator has +been convicted of a crime: +         (A)   involving: +            (i)   any of the following offenses as described in Chapter 43 of +the Texas Penal Code: +               (aa)   prostitution; +               (bb)   promotion of prostitution; +               (cc)   aggravated promo-tion of prostitution; +               (dd)   compelling prosti-tution; +               (ee)   obscenity; +               (ff)   sale, distribution, or display of harmful material to a +minor; +               (gg)   sexual performance by a child; or +               (hh)   possession of child pornography; +            (ii)   any of the following offenses as described in Chapter 21 of +the Texas Penal Code: +               (aa)   public lewdness; +               (bb)   indecent exposure; or +               (cc)   indecency with a child; +            (iii)   sexual assault or aggravated sexual assault as described in +Chapter 22 of the Texas Penal Code; +            (iv)   incest, solicitation of a child, or harboring a runaway +child as described in Chapter 25 of the Texas Penal Code; or +            (v)   criminal attempt, conspiracy, or solicitation to commit any +of the foregoing offenses; +      ��  (B)   for which: +            (i)   less than two years have elapsed since the date of conviction +or the date of release from confinement imposed for the conviction, whichever +is the later date, if the conviction is of a misdemeanor offense; +            (ii)   less than five years have elapsed since the date of +conviction or the date of release from confinement for the conviction, +whichever is the later date, if the conviction is of a felony offense; or +            (iii)   less than five years have elapsed since the date of the +last conviction or the date of release from confinement for the last +conviction, whichever is the later date, if the convictions are of two or more +misdemeanor offenses or combination of misdemeanor offenses occurring within +any 24-month period. +      (9)   An applicant has been operating the proposed business as a sexually +oriented business without a valid license issued under this chapter. +      (10)   Operation of the proposed sexually oriented business would violate +the city’s zoning ordinances. +   (b)   The fact that a conviction is being appealed has no effect on the +disqualification of the applicant, the applicant’s spouse, or a designated +operator under Subsection (a). +   (c)   Except as otherwise provided in this subsection, when the chief of +police denies issuance or renewal of a license, the applicant may not apply for +or be issued a sexually oriented business license for one year after the date +the denial became final. If, subsequent to the denial, the chief of police +finds that the basis for the denial has been corrected or abated, the applicant +may apply for and be granted a license if at least 90 days have elapsed since +the date the denial became final. If issuance or renewal of a license is denied +under Subsection (a)(7) for a violation of Section +41A-13 only, the applicant may be granted a license immediately upon compliance +with Section +41A-13 of this chapter. If issuance or renewal of a license is denied under +Subsection (a)(8)(A), the applicant may not apply for or be issued another +sexually oriented business license until the appropriate number of years +required by Subsection (a)(8)(B) has elapsed. If issuance or renewal of a +license is denied under Subsection (a)(4), the applicant may not apply for or +be issued another sexually oriented business license until the time period +required by Subsection (a)(4) has elapsed. +   (d)   The chief of police, upon approving issuance of a sexually oriented +business license, shall send to the applicant, by certified mail, return +receipt requested, written notice of that action and state where the applicant +must pay the license fee and obtain the license. The chief of police’s approval +of the issuance of a license does not authorize the applicant to operate a +sexually oriented business until the applicant has paid all fees required by +this chapter and obtained possession of the license. +   (e)   The license, if granted, must state on its face the name of the person +or persons to whom it is granted, the expiration date, and the address of the +sexually oriented business. The license must be posted in a conspicuous place +at or near the entrance to the sexually oriented business so that it may be +easily read at any time. (Ord. Nos. 19196; 19377; 20552; 21629; 21838; 24206; +24440; 24699; 27139; 27697) +SEC. 41A-6.   FEES. +   (a)   The annual fee for a sexually oriented business license is $696. +   (b)   In addition to the fees required by Subsection (a) and (c), an +applicant for an initial sexually oriented business license shall, at the time +of making application, pay a nonrefundable fee of $1,198 for the city to +conduct a survey to ensure that the proposed sexually oriented business is in +compliance with the locational restrictions set forth in Section +41A-13. +   (c)   In addition to the fees required by Subsections (a) and (b), an +applicant for an initial sexually oriented business license shall, at the time +of making application, pay a nonrefundable fee of $90 for the chief of police +to obtain a letter of zoning verification to ensure that the proposed sexually +oriented business is permitted in the zoning district in which it will be +located. The chief of police shall request and obtain the letter of zoning +verification from the department of development services within 30 days after +receipt of the license application. For any sexually oriented business holding +a valid license on October 25, 2000, this subsection will apply to the first +renewal of that license issued after October 25, 2000. (Ord. Nos. 19196; 20612; +21838; 22206; 24051; 24440; 24699; 25047; 25048; 25909; 27697; 29477; 30653; +31657; 32002; 32003) +SEC. 41A-7.   INSPECTION. +   (a)   An applicant, licensee, operator, or employee shall permit +representatives of the police department, the fire department, the department +of code compliance, and the building official to inspect the premises of a +sexually oriented business, for the purpose of ensuring compliance with the +law, at any time it is occupied or open for business and at other reasonable +times upon request. +   (b)   A person who operates a sexually oriented business or the person’s +agent or employee commits an offense if he refuses to permit a lawful +inspection of the premises by a representative of the police department, the +fire department, the department of code compliance, or the building official at +any time the sexually oriented business is occupied or open for business and at +other reasonable times upon request. +   (c)   The provisions of this section do not apply to areas of an adult motel +that are currently being rented by a customer for use as a permanent or +temporary habitation. (Ord. Nos. 19196; 19377; 22026; 23694; 24440; 24699; +27139; 27697) +SEC. 41A-7.1.   IDENTIFICATION RECORDS. +   (a)   A person commits an offense if he operates a sexually oriented +business without maintaining on the premises a current registration card or +file that clearly and completely identifies all employees of the sexually +oriented business as required by this section. +   (b)   The registration card or file must contain the following information +for each employee: +      (1)   Full legal name. +      (2)   All aliases or stage names. +      (3)   Date of birth. +      (4)   Race and gender. +      (5)   Hair color, eye color, height, and weight. +      (6)   Current residence address and telephone number, and, for designated +operators and adult cabaret entertainers, all residence addresses during the +12- month period preceding commencement of an employment or contractual +relationship with the sexually oriented business. +      (7)   Legible copy of a valid driver’s license or other government-issued +personal identification card containing the employee’s photograph and date of +birth. +      (8)   Date of commencement of employment or contractual relationship with +the sexually oriented business. +      (9)   Original color photograph with a full face view that accurately +depicts the employee’s appearance at the time the employee commenced an +employment or contractual relationship with the sexually oriented business. +   (c)   The licensee shall maintain a separate file on each designated +operator (other than the licensee or the licensee’s spouse) and on each adult +cabaret entertainer, which contains, in addition to the information and +documentation required in Subsection (b), the person’s current official Texas +criminal history report with a fingerprint card issued within the preceding 12 +months. +   (d)   Not later than 90 days after employing or contracting with a +designated operator or an adult cabaret entertainer, the licensee shall include +in the file a current official criminal history report from any state other +than Texas in which the designated operator or adult cabaret entertainer +resided during the 12-month period preceding commencement of the employment or +contractual relationship with the sexually oriented business. +   (e)   A licensee commits an offense if he allows a designated operator to +operate a sexually oriented business without having on file, and available for +inspection by representatives of the police department, all records and +information required by this section for the designated operator. +   (f)   A licensee or an operator commits an offense if he allows an adult +cabaret entertainer to perform adult cabaret entertainment at a sexually +oriented business without having on file, and available for inspection by +representatives of the police department, all records and information required +by this section for the adult cabaret entertainer. +   (g)   All records maintained on an employee in compliance with this section +must be retained at the sexually oriented business for at least 90 days +following the date of any voluntary or involuntary termination of the +employee’s employment or contract with the sexually oriented business. +   (h)   A person who operates a sexually oriented business or the person’s +agent or employee shall allow immediate access to these records by +representatives of the police department. (Ord. Nos. 24440; 24699; 27139) +SEC. 41A-8.   EXPIRATION OF LICENSE. +   Each license expires one year from the date of issuance, except that a +license issued pursuant to an exemption to a locational restriction expires on +the date the exemption expires. A license may be renewed only by making +application as provided in Section +41A-4. Application for renewal should be made at least 30 days before the +expiration date, and when made less than 30 days before the expiration date, +the expiration of the license will not be affected by the pendency of the +application. (Ord. Nos. 19196; 20552; 21838; 24440; 24699; 27139) +SEC. 41A-9.   SUSPENSION. +   The chief of police shall suspend a license for a period not to exceed 30 +days if the chief of police determines that a licensee, an operator, or an +employee has: +      (1)   violated or is not in compliance with Section +41A-4(h), +41A-7, +41A-7.1, +41A-13, +41A-14.1, +41A-14.2, +41A-14.3, +41A-15, +41A-16, +41A-17, +41A-18, +41A-18.1, +41A-19, or +41A-20 of this chapter; +      (2)   refused to allow an inspection of the sexually oriented business +premises as authorized by this chapter; or +      (3)   knowingly permitted gambling by any person on the sexually oriented +business premises. (Ord. Nos. 19196; 24440; 24699; 27139; 32125) +SEC. 41A-10.   REVOCATION. +   (a)   The chief of police shall revoke a license if a cause of suspension in +Section +41A-9 occurs and the license has been suspended within the preceding 12 months. +   (b)   The chief of police shall revoke a license if the chief of police +determines that one or more of the following is true: +      (1)   A licensee gave false or misleading information in the material +submitted to the chief of police during the application process. +      (2)   A licensee or an operator has knowingly allowed possession, use, or +sale of controlled substances on the premises. +      (3)   A licensee or an operator has knowingly allowed prostitution on the +premises. +      (4)   A licensee or an operator knowingly operated the sexually oriented +business during a period of time when the licensee’s license was suspended. +      (5)   A licensee or designated operator has been convicted of an offense +listed in Section +41A-5(a)(8)(A) for which the time period required in Section +41A-5(a)(8)(B) has not elapsed. +      (6)   On two or more occasions within a 12- month period, a person or +persons committed an offense occurring in or on the sexually oriented business +premises of a crime listed in Section +41A-5(a)(8)(A) for which a conviction has been obtained, and the person or +persons were employees of the licensee or the sexually oriented business at the +time the offenses were committed. +      (7)   A licensee or an operator has knowingly allowed any act of sexual +intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur +in or on the sexually oriented business premises. The term “sexual contact” +shall have the same meaning as it is defined in Section 21.01, Texas Penal +Code. +      (8)   A licensee is delinquent in payment to the city for hotel occupancy +taxes, ad valorem taxes, or sales taxes related to the sexually oriented +business. +      (9)   A licensee or an operator has violated Section +41A-12 of this chapter. +      (10)   A licensee or an operator has violated Section +41A-20.1(a) of this chapter. +   (c)   The fact that a conviction is being appealed has no effect on the +revocation of the license. +   (d)   Subsection (b)(7) does not apply to adult motels as a ground for +revoking the license unless the licensee or employee knowingly allowed the act +of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact +to occur in a public place or within public view. +   (e)   When the chief of police revokes a license, the revocation will +continue for one year, and the licensee, for one year after the date revocation +becomes effective, shall not apply for or be issued a sexually oriented +business license for the same location for which the license was revoked. If, +subsequent to revocation, the chief of police finds that the basis for the +revocation has been corrected or abated, the applicant may apply for and be +granted a license if at least 90 days have elapsed since the date the +revocation became effective. If the license was revoked under Subsection (b) +(5), an applicant may not apply for or be granted another license until the +appropriate number of years required under Section +41A-5(a)(8)(B) has elapsed. (Ord. Nos. 19196; 19377; 21629; 24206; 24440; +24699; 27139) +SEC. 41A-10.1.   DENIAL, SUSPENSION, REVOCATION, OR DENIAL OF RENEWAL OF A +LICENSE FOR CRIMINAL CONVICTIONS. +   (a)   In determining whether a sexually oriented business license should be +denied, suspended, revoked, or denied for renewal based on criminal convictions +of an applicant or licensee of a sexually oriented business, or on convictions +of an operator or employee of the applicant, the licensee, or the sexually +oriented business, all convictions for offenses occurring within a designated +time period will be counted, regardless of whether the offenses occurred during +the current license period, a prior license period, or an unlicensed period. +   (b)   Notwithstanding Subsection (a), a conviction for an offense committed +during a prior license period or an unlicensed period will not be counted +against a current applicant or licensee of a sexually oriented business if no +person who is deemed a current applicant or licensee was an applicant, +licensee, owner, or operator of the sexually oriented business during the prior +license period or unlicensed period in which the offense was committed. (Ord. +Nos. 24699; 27139) +SEC. 41A-10.2.   NOTICE OF DENIAL OF ISSUANCE OR RENEWAL OF LICENSE OR +SUSPENSION OR REVOCATION OF LICENSE; SURRENDER OF LICENSE. +   (a)   If the chief of police denies the issuance or renewal of a sexually +oriented business license or suspends or revokes a sexually oriented business +license, the chief of police shall deliver to the applicant or licensee, either +by hand delivery or by certified mail, return receipt requested, written notice +of the action, the basis of the action, and the right to an appeal. +   (b)   If the chief of police suspends or revokes a license or denies renewal +of a license that was valid on the date the application for renewal was +submitted, the chief of police may not enforce such action before the 11th day +after the date the written notice required by Subsection (a) is delivered to +the applicant or licensee. +   (c)   After suspension or revocation of a license or denial of renewal of a +license that was valid on the date the application for renewal was submitted, +the applicant or licensee shall discontinue operating the sexually oriented +business and surrender the license to the chief of police by 11:59 p.m. of the +10th day after the date: +      (1)   notice required by Subsection (a) is delivered to the applicant or +licensee, if no appeal is filed under Section +41A-11 of this chapter; or +      (2)   a final decision is issued by the permit and license appeal board +upholding the action of the chief of police, if an appeal is filed under +Section +41A-11 of this chapter. +   (d)   For purposes of this chapter, written notice is deemed to be +delivered: +      (1)   on the date the notice is hand delivered to the applicant or +licensee; or +      (2)   three days after the date the notice is placed in the United States +mail with proper postage and properly addressed to the applicant or licensee at +the address provided for the applicant or licensee in the most recent license +application. (Ord. Nos. 24440; 24699; 27139) +SEC. 41A-11.   APPEAL. +   (a)   Upon delivery of written notice of the denial, suspension, or +revocation of a sexually oriented business license as required by Section +41A-10.2, the applicant or licensee whose application for a license or license +renewal has been denied or whose license has been suspended or revoked has the +right to appeal to either the permit and license appeal board or the state +district court. +   (b)   An appeal to the permit and license appeal board must be in accordance +with Section +2-96 of this code, except that an appeal from the denial of an initial sexually +oriented business license must be heard and decided by the board within 30 days +after the applicant files a written request for an appeal hearing. +   (c)   The filing of an appeal under this section stays the action of the +chief of police in suspending or revoking a license, or in denying renewal of a +license that was valid on the date the application for renewal was submitted, +until a final decision is made by the permit and license appeal board. A +suspension or revocation of a license, or a denial of renewal of a license that +was valid on the date the application for renewal was submitted, that is upheld +by the board takes effect at 11:59 p.m. on the 10th day after the board issues +its decision. +   (d)   An appeal to the state district court must be filed within 30 days +after notice of the decision of the chief of police is delivered to the +applicant or licensee as required by Section +41A-10.2 or a final decision is issued by the permit and license appeal board +upholding the decision of the chief of police. The applicant or licensee shall +bear the burden of proof in court. The filing of an appeal to state district +court stays a suspension or revocation of the license, or denial of renewal of +a license that was valid on the date the application for renewal was submitted, +pending a judicial determination of the appeal by the trial court. (Ord. Nos. +19196; 20552; 21838; 24440; 24699; 27139) +SEC. 41A-12.   TRANSFER OF LICENSE. +   A licensee shall not transfer his license to another, nor shall a licensee +operate a sexually oriented business under the authority of a license at any +place other than the address designated in the application. (Ord. Nos. 19196; +24440; 24699) +SEC. 41A-13.   LOCATION OF SEXUALLY ORIENTED BUSINESSES. +   (a)   A person commits an offense if he causes or permits the operation, +establishment, substantial enlargement, or transfer of ownership or control of +a sexually oriented business within 1,000 feet of: +      (1)   a church; +      (2)   a public or private elementary or secondary school; +      (3)   a boundary of a residential or historic district as defined in this +chapter; +      (4)   a public park; +      (5)   the property line of a lot devoted to a residential use as defined +in this chapter; +      (6)   a hospital; or +      (7)   a child-care facility. +   (b)   A person commits an offense if he causes or permits the operation, +establishment, substantial enlargement, or transfer of ownership or control of +a sexually oriented business within 1,000 feet of another sexually oriented +business. +   (c)   A person commits an offense if he causes or permits the operation, +establishment, or maintenance of more than one sexually oriented business in +the same building, structure, or portion of a building or structure, or the +increase of floor area of any sexually oriented business in any building, +structure, or portion of a building or structure containing another sexually +oriented business. +   (d)   For the purposes of Subsection (a), measurement must be made in a +straight line, without regard to intervening structures or objects, from the +nearest portion of the building or structure used as a part of the premises +where a sexually oriented business is conducted, to the nearest property line +of the premises of a church, public or private elementary or secondary school, +hospital, or child-care facility or to the nearest boundary of an affected +public park, residential district, historic district, or residential lot. +   (e)   For purposes of Subsection (b) of this section, the distance between +any two sexually oriented businesses must be measured in a straight line, +without regard to intervening structures or objects, from the closest exterior +wall of the structure in which each business is located. +   (f)   Any sexually oriented business lawfully operating on May 28, 1997 that +is in violation of Subsections (a), (b), or (c) of this section is a +nonconforming use. The nonconforming use will be permitted to continue for a +period not to exceed six months, unless sooner terminated for any reason or +voluntarily discontinued for a period of 30 days or more. The nonconforming use +may not be increased, enlarged, extended, or altered, except that the use may +be changed to a conforming use. If two or more sexually oriented businesses are +within 1,000 feet of one another and otherwise in a permissible location, the +sexually oriented business that was first established and continually operating +at a particular location is the conforming use and the later-established +business is nonconforming. +   (g)   An owner of a nonconforming sexually oriented business who cannot +recoup actual investments in the use by November 29, 1997 may request an +extension of the compliance date from the board of adjustment. The request must +be in writing and filed with the city building official on or before October +29, 1997. No application for an extension that is received by the building +official after October 29, 1997 may be considered. +   (h)   The board of adjustment shall conduct a hearing on the request for +extension in accordance with applicable procedures set forth in Section +51A-4.703 of the Dallas Development Code. If the board of adjustment determines +that the owner of the nonconforming sexually oriented business cannot recoup +actual investments in the use by November 29, 1997, it may by written order +provide a new compliance date to the owner. The board of adjustment shall +consider the factors listed in Section +51A-4.704(a)(1)(D) of the Dallas Development Code in determining whether to +grant the request for extension. Any extension granted by the board of +adjustment must specify a date certain for closure of the sexually oriented +business and is not valid for operation of the business at any other location. +   (i)   The board of adjustment’s decision on a request for an extended +compliance date is final unless appealed to the district court within 10 days +in accordance with Chapter 211 of the Texas Local Government Code. +   (j)   A sexually oriented business that remains in operation pursuant to an +extension granted under this section is not considered as having a license for +purposes of measuring distances between a sexually oriented business and a +church, a public or private elementary or secondary school, a boundary of a +residential or historic district, a public park, the property line of a lot +devoted to a residential use, a hospital, a child-care facility, or another +sexually oriented business, as required in Section +41A-13. +   (k)   A sexually oriented business lawfully operating as a conforming use is +not rendered a nonconforming use by the location, subsequent to the grant or +renewal of the sexually oriented business license, of a church, public or +private elementary or secondary school, public park, residential district, +historic district, residential lot, hospital, or child-care facility within +1,000 feet of the sexually oriented business. This provision applies only to +the renewal of a valid license, and does not apply when an application for a +license is submitted after a license has expired or has been revoked. +   (l)   Requirements for posting an intent to locate a sexually oriented +business. +      (1)   Whenever a sign is posted at an intended location of a sexually +oriented business in compliance with Section 243.0075 of the Texas Local +Government Code, as amended, and the intended location of the sexually oriented +business is not in violation of the locational restrictions of this section at +the time the sign is posted, the sexually oriented business will qualify as a +conforming use and will not be rendered nonconforming by any location, +subsequent to the posting of the sign, of a church, public or private +elementary or secondary school, public park, residential district, historic +district, residential lot, hospital, or child-care facility within 1,000 feet +of the posted location of the sexually oriented business. +      (2)   The operator of a proposed sexually oriented business shall notify +the chief of police, by either certified mail or hand delivery, whenever a sign +is posted at the intended location of the business in compliance with Section +243.0075 of the Texas Local Government Code, as amended. The notification must +be in the form of a sworn statement indicating the location of the sign and the +date it was posted and must be received by the chief of police within five days +after the date of the sign’s posting. +      (3)   Paragraph (1) of this subsection does not apply if: +         (A)   a completed license application for the proposed sexually +oriented business is not filed with the chief of police within 20 days after +the expiration of the 60-day posting requirement of Section 243.0075 of the +Texas Local Government Code, as amended; or +         (B)   the notification requirements of Paragraph (2) of this +subsection are not met. (Ord. Nos. 19196; 19377; 20291; 21629; 23137; 24440; +24699; 25092) +SEC. 41A-14.   EXEMPTION FROM LOCATION RESTRICTIONS. +   (a)   If the chief of police denies the issuance of a license to an +applicant because the location of the sexually oriented business establishment +is in violation of Section +41A-13 of this chapter, then the applicant may, not later than 10 calendar days +after receiving notice of the denial, file with the city secretary a written +request for an exemption from the locational restrictions of Section +41A-13. +   (b)   If the written request is filed with the city secretary within the 10- +day limit, a permit and license appeal board, selected in accordance with +Section +2-95 of this code, shall consider the request. The city secretary shall set a +date for the hearing within 60 days from the date the written request is +received. +   (c)   A hearing by the board may proceed if a quorum of the board is +present. The board shall hear and consider evidence offered by any interested +person. The formal rules of evidence do not apply. +   (d)   The permit and license appeal board may, in its discretion, grant an +exemption from the locational restrictions of Section +41A-13 if it makes the following findings: +      (1)   that the location of the proposed sexually oriented business will +not have a detrimental effect on nearby properties or be contrary to the public +safety or welfare; +      (2)   that the location of the proposed sexually oriented business will +not downgrade the property values or quality of life in the adjacent areas or +encourage the development of urban blight; +      (3)   that the location of the proposed sexually oriented business in the +area will not be contrary to any program of neighborhood conservation nor will +it interfere with any efforts of urban renewal or restoration; and +      (4)   that all other applicable provisions of this chapter will be +observed. +   (e)   The board shall grant or deny the exemption by a majority vote. +Failure to reach a majority vote shall result in denial of the exemption. +Disputes of fact shall be decided on the basis of a preponderance of the +evidence. The decision of the permit and license appeal board is final. +   (f)   If the board grants the exemption, the exemption is valid for one year +from the date of the board’s action. Upon the expiration of an exemption, the +sexually oriented business is in violation of the locational restrictions of +Section +41A-13 until the applicant applies for and receives another exemption. +   (g)   If the board denies the exemption, the applicant may not re-apply for +an exemption until at least 12 months have elapsed since the date of the +board’s action. +   (h)   The grant of an exemption does not exempt the applicant from any other +provisions of this chapter other than the locational restrictions of Section +41A-13. The grant of an exemption does not exempt the applicant from the +provisions of Section +41A-13 prohibiting substantial enlargement of a sexually oriented business. +(Ord. Nos. 19196; 24440; 24699; 25002) +SEC. 41A-14.1.   EXTERIOR PORTIONS OF SEXUALLY ORIENTED BUSINESSES. +   (a)   An owner or operator of a sexually oriented business commits an +offense if he allows: +      (1)   the merchandise or activities of the establishment to be visible +from any point outside the establishment; +      (2)   the exterior portions of the establishment to have flashing lights, +or any words, lettering, photographs, silhouettes, drawings, or pictorial +representations of any manner except to the extent permitted by this chapter; +or +      (3)   the exterior portions of the establishment to be painted any color +other than a single achromatic color, except that this paragraph does not apply +to an establishment if the following conditions are met: +         (A)   the establishment is a part of a commercial multi-unit center; +and +         (B)   the exterior portions of each individual unit in the commercial +multi-unit center, including the exterior portions of the establishment, are +painted the same color as one another or are painted in such a way as to be a +component of the overall architectural style or pattern of the commercial +multi-unit center. +   (b)   Nothing in this section requires the painting of an otherwise +unpainted exterior portion of a sexually oriented business. +   (c)   The exterior of any sexually oriented business lawfully operating on +May 28, 1997 is not required to comply with Subsections (a)(2) and (a)(3) of +this section until alterations, repairs, remodeling, and repainting that +cumulatively affect more than 50 percent of the exterior are performed on the +sexually oriented business during any 12-month period. (Ord. Nos. 23137; 24440; +24699) +SEC. 41A-14.2.   SIGN REQUIREMENTS. +   (a)   Notwithstanding any provision of the Dallas Development Code or any +other city ordinance, code, or regulation to the contrary, the owner or +operator of any sexually oriented business or any other person commits an +offense if he erects, constructs, or maintains any sign for the establishment +other than one primary sign and one secondary sign, as provided in this +section. +   (b)   A primary sign may have no more than two display surfaces. Each +display surface must: +      (1)   not contain any flashing lights; +      (2)   be a flat plane, rectangular in shape; +      (3)   not exceed 75 square feet in area; and +      (4)   not exceed 10 feet in height or 10 feet in length. +   (c)   A secondary sign may have only one display surface. The display +surface must: +      (1)   not contain any flashing lights; +      (2)   be a flat plane, rectangular in shape; +      (3)   not exceed 20 square feet in area; +      (4)   not exceed five feet in height or four feet in width; and +      (5)   be affixed or attached to a wall or door of the establishment. +   (d)   A primary or secondary sign must contain no photographs, silhouettes, +drawings, or pictorial representations of any manner, and may contain only: +      (1)   the name of the establishment; and/or +      (2)   one or more of the following phrases: +         (A)   “Adult arcade.” +         (B)   “Adult bookstore or adult video store.” +         (C)   “Adult cabaret.” +         (D)   “Adult motel.” +         (E)   “Adult motion picture theater.” +         (F)   “Escort agency.” +         (G)   “Nude model studio.” +   (e)   In addition to the phrases listed in Subsection (d)(2) of this +section, a primary sign for an adult motion picture theater may contain the +phrase, “Movie Titles Posted on Premises,” and a primary sign for an adult +bookstore or adult video store may contain the word “DVD’s”. +   (f)   Each letter forming a word on a primary or secondary sign must be of a +solid color, and each letter must be the same print-type, size, and color. The +background behind the lettering on the display surface of a primary or +secondary sign must be of a uniform and solid color. +   (g)   Notwithstanding the sign requirements of this section and Section +41A-14.1, any sign lawfully existing on the premises of a lawfully operating +sexually oriented business on May 28, 1997 may continue to be maintained on the +premises, until: +      (1)   the sign is intentionally removed or destroyed by the owner or +operator of the sexually oriented business or abandoned by the owner or +operator of the sexually oriented business; or +      (2)   the city requires removal, relocation, or reconstruction of the +sign in accordance with applicable state law. (Ord. Nos. 23137; 24440; 24699; +25296) +SEC. 41A-14.3.   HOURS OF OPERATION. +   (a)   A sexually oriented business must be closed for business each day +between the hours of 2:00 a.m. and 6:00 a.m. +   (b)   This section shall be reviewed by the appropriate city council +committee on or before January 26, 2024, and by the January of every even +numbered year thereafter. (Ord. 32125) +SEC. 41A-15.   ADDITIONAL REGULATIONS FOR ESCORT AGENCIES. +   A person commits an offense if the person acts as an escort or agrees to act +as an escort for a minor. (Ord. Nos. 19196; 24440; 24699; 27139) +SEC. 41A-16.   ADDITIONAL REGULATIONS FOR NUDE MODEL STUDIOS. +   (a)   A person commits an offense if he knowingly allows a person under 21 +years of age to appear in a state of nudity in or on the premises of a nude +model studio. +   (b)   A minor commits an offense if the minor appears in a state of nudity +in or on the premises of a nude model studio. +   (c)   A person commits an offense if the person appears in a state of nudity +or knowingly allows another to appear in a state of nudity in an area of a nude +model studio premises that can be viewed from the public right-of-way. +   (d)   A nude model studio shall not place or permit a bed, sofa, or mattress +in any room on the premises, except that a sofa may be placed in a reception +room open to the public. +   (e)   An employee of a nude model studio, while exposing any specified +anatomical areas, commits an offense if the employee touches a customer or the +clothing of a customer. +   (f)   A customer at a nude model studio commits an offense if the customer +touches an employee who is exposing any specified anatomical areas or touches +the clothing of the employee. +   (g)   A licensee, an operator, or an employee of a nude model studio commits +an offense if he permits any customer access to an area of the premises not +visible from the manager’s station or not visible by a walk through of the +premises without entering a closed area, excluding a restroom. (Ord. Nos. +19196; 23137; 24440; 24699; 27139; 32125) +SEC. 41A-17.   ADDITIONAL REGULATIONS FOR ADULT MOTION PICTURE THEATERS. +   (a)   A person commits an offense if he knowingly allows a person under 21 +years of age to appear in a state of nudity in or on the premises of an adult +motion picture theater. +   (b)   A minor commits an offense if the minor knowingly appears in a state +of nudity in or on the premises of an adult motion picture theater. (Ord. Nos. +19196; 21838; 24440; 24699; 27139; 32125) +SEC. 41A-18.   ADDITIONAL REGULATIONS FOR ADULT MOTELS. +   (a)   Evidence that a sleeping room in a hotel, motel, or similar commercial +establishment has been rented and vacated two or more times in a period of time +that is less than 10 hours creates a rebuttable presumption that the +establishment is an adult motel as that term is defined in this chapter. +   (b)   A person commits an offense if, as the person in control of a sleeping +room in a hotel, motel, or similar commercial establishment that does not have +a sexually oriented business license, he rents or subrents a sleeping room to a +person and, within 10 hours from the time the room is rented, he rents or +subrents the same sleeping room again. +   (c)   For purposes of Subsection (b) of this section, the terms “rent” or +“subrent” mean the act of permitting a room to be occupied for any form of +consideration. (Ord. Nos. 19196; 24440; 24699) +SEC. 41A-18.1.   ADDITIONAL REGULATIONS FOR ADULT CABARETS. +   (a)   A licensee or an operator of an adult cabaret commits an offense if he +employs, contracts with, or otherwise allows a person to act as an adult +cabaret entertainer if the person has been convicted of an offense listed in +Section +41A-5(a)(8)(A) for which the time period required in Section +41A-5(a)(8)(B) has not elapsed. +   (b)   An employee of an adult cabaret, while exposing any specified +anatomical areas, commits an offense if the employee touches a customer or the +clothing of a customer. +   (c)   A customer at an adult cabaret commits an offense if the customer +touches an employee who is exposing any specified anatomical areas or touches +the clothing of the employee. +   (d)    An adult cabaret may not contain any VIP rooms, except that any VIP +room contained in a lawfully operating adult cabaret on April 21, 2008 may +continue in existence until April 21, 2009, provided that no adult cabaret +entertainment occurs in the VIP room. +   (e)   Except for a restroom or an area of which the entire interior is +clearly and completely visible from the exterior of the area, no area of an +adult cabaret that is accessible to a customer may be separated from any other +customer-accessible area by a door, wall, curtain, drape, partition, or room +divider of any kind. Nothing in this subsection precludes the installation or +maintenance of any wall or column that is essential to the structural integrity +of the building. Any adult cabaret lawfully operating on April 21, 2008 must +comply with the requirements of this subsection not later than April 21, 2009. +   (f)   A licensee, an operator, or an employee of an adult cabaret commits an +offense if he permits any customer access to an area of the premises: +      (1)   not visible from the manager’s station or not visible by a walk +through of the premises without entering a closed area, excluding a restroom; +or +      (2)   not regularly open to all customers of the business. +   (g)   Adult cabaret entertainment must occur only in the presence of, and be +visually observable by, an employee who is not an adult cabaret entertainer. A +licensee or operator commits an offense if he knowingly allows adult cabaret +entertainment to be performed in violation of this subsection. +   (h)   The purpose of Subsections (d), (e), (f), and (g) of this section is +to reduce the opportunity for unlawful activity such as indecent exposure, +solicitation for prostitution, and prostitution that occurs in VIP rooms and +other areas of adult cabarets that are not open to the view of management +personnel, law enforcement officers, and customers. By prohibiting VIP rooms +and requiring adult entertainment to be performed in more open and visible +surroundings, unlawful activity will be deterred because it will be more +readily observable by management personnel, law enforcement officers, and +customers. (Ord. Nos. 23137; 24440; 24699; 27139) +SEC. 41A-19.   REGULATIONS PERTAINING TO EXHIBITION OF SEXUALLY EXPLICIT FILMS +OR VIDEOS. +   (a)   A person who operates or causes to be operated a sexually oriented +business, other than an adult motel, which exhibits on the premises in a +viewing room of less than 150 square feet of floor space, a film, video +cassette, or other video reproduction that depicts specified sexual activities +or specified anatomical areas, shall comply with the following requirements: +      (1)   Upon application for a sexually oriented business license, the +application must be accompanied by a diagram of the premises showing a plan +thereof specifying the location of one or more manager’s stations and the +location of all overhead lighting fixtures and designating any portion of the +premises in which patrons will not be permitted. A manager’s station may not +exceed 32 square feet of floor area. The diagram must also designate the place +at which the permit will be conspicuously posted, if granted. A professionally +prepared diagram in the nature of an engineer’s or architect’s blueprint is not +required; however, each diagram should be oriented to the north or to some +designated street or object and should be drawn to a designated scale or with +marked dimensions sufficient to show the various internal dimensions of all +areas of the interior of the premises to an accuracy of plus or minus six +inches. The chief of police may waive the foregoing diagram for renewal +applications if the applicant adopts a diagram that was previously submitted +and certifies that the configuration of the premises has not been altered since +it was prepared. +      (2)   The application must be sworn to be true and correct by the +applicant. +      (3)   No alteration in the configuration or location of a manager’s +station may be made without the prior approval of the chief of police or the +chief’s designee. +      (4)   It is the duty of the owners and operator of the premises to ensure +that at least one employee is on duty and situated in each manager’ +      (5)   The interior of the premises must be configured in such a manner +that there is an unobstructed view from a manager’s station of every area of +the premises to which any patron is permitted access for any purpose excluding +restrooms. Restrooms may not contain video reproduction equipment. If the +premises has two or more manager’s stations designated, then the interior of +the premises must be configured in such a manner that there is an unobstructed +view of each area of the premises to which any patron is permitted access for +any purpose from at least one of the manager’s stations. The view required in +this subsection must be by direct line of sight from the manager’s station. +      (6)   It shall be the duty of the owners and operator, and it shall also +be the duty of any agents and employees present in the premises, to ensure that +the view area specified in Paragraph (5) of this subsection remains +unobstructed by any doors, walls, merchandise, display racks, or other +materials at all times that any patron is present in the premises and to ensure +that no patron is permitted access to any area of the premises that has been +designated as an area in which patrons will not be permitted in the application +filed pursuant to Paragraph (1) of this subsection. +      (7)   The premises must be equipped with overhead lighting fixtures of +sufficient intensity to illuminate every place to which patrons are permitted +access at an illumination of not less than one (1.0) footcandle as measured at +the floor level. +      (8)   It shall be the duty of the owners and operator, and it shall also +be the duty of any agents and employees present in the premises, to ensure that +the illumination described in Paragraph (7) of this subsection is maintained at +all times that any patron is present in the premises. +   (b)   A person having a duty under Paragraphs (1) through (8) of Subsection +(a) commits an offense if he knowingly fails to fulfill that duty. (Ord. Nos. +19196; 24440; 24699) +SEC. 41A-20.   DISPLAY OF SEXUALLY EXPLICIT MATERIAL TO MINORS. +   (a)   A person commits an offense if, in a business establishment open to +minors, the person displays a book, pamphlet, newspaper, magazine, film, or +video cassette, the cover of which depicts, in a manner calculated to arouse +sexual lust or passion for commercial gain or to exploit sexual lust or +perversion for commercial gain, any of the following: +      (1)   human sexual intercourse, masturbation, or sodomy; +      (2)   fondling or other erotic touching of human genitals, pubic region, +buttocks, or female breasts; +      (3)   less than completely and opaquely covered human genitals, buttocks, +or that portion of the female breast below the top of the areola; or +      (4)   human male genitals in a discernibly turgid state, whether covered +or uncovered. +   (b)   In this section “display” means to locate an item in such a manner +that, without obtaining assistance from an employee of the business +establishment: +      (1)   it is available to the general public for handling and inspection; +or +      (2)   the cover or outside packaging on the item is visible to members of +the general public. (Ord. Nos. 19196; 24440; 24699; 27139) +SEC. 41A-20.1.   PROHIBITIONS AGAINST MINORS IN SEXUALLY ORIENTED BUSINESSES. +   (a)   A licensee or operator commits an offense if he knowingly: +      (1)   allows a minor to enter the interior premises of a sexually +oriented business; +      (2)   employs, contracts with, or otherwise engages or allows a person +under 21 years of age to perform adult cabaret entertainment; or +      (3)   employs a person under 21 years of age in a sexually oriented +business.     +   (b)   Knowledge on the part of the licensee or operator is presumed under +Paragraph (2) or (3) of Subsection (a) if identification records were not kept +in accordance with the requirements of Section +41A-7.1, and properly kept records would have informed the licensee or operator +of the person's age.    +   (c)   An employee commits an offense if the employee knowingly: +      (1)   allows a minor to enter the interior premises of a sexually +oriented business; +      (2)   employs, contracts with, or otherwise engages or allows a person +under 21 years of age to perform adult cabaret entertainment; or +      (3)   employs a person under 21 years of age in a sexually oriented +business. +   (d)   A minor commits an offense if the minor knowingly enters the interior +premises of a sexually oriented business. (Ord. Nos. 27139; 32125) +SEC. 41A-21.   ENFORCEMENT. +   (a)   Whenever a person does an act that is forbidden, fails to perform an +act that is required, or commits an act that is made an offense by any +provision of this chapter, the violation is punishable as provided by Section +243.010(b) of the Texas Local Government Code, as amended. A person violating a +provision of this chapter is guilty of a separate offense for each day or part +of a day during which the violation is committed, continued, or permitted. +   (b)   Except where otherwise specified, a culpable mental state is not +required for the commission of an offense under this chapter. +   (c)   It is a defense to prosecution under Section +41A-4(a), +41A-13, or +41A-16(d) that a person appearing in a state of nudity did so in a modeling +class operated: +      (1)   by a proprietary school licensed by the state of Texas; a college, +junior college, or university supported entirely or partly by taxation; +      (2)   by a private college or university that maintains and operates +educational programs in which credits are transferrable to a college, junior +college, or university supported entirely or partly by taxation; or +      (3)   in a structure: +         (A)   that has no sign visible from the exterior of the structure and +no other advertising that indicates a nude person is available for viewing; and +         (B)   where in order to participate in a class a student must enroll +at least three days in advance of the class; and +         (C)   where no more than one nude model is on the premises at any one +time. +   (d)   It is a defense to prosecution under Section +41A-4(a) or Section +41A-13 that each item of descriptive, printed, film, or video material offered +for sale or rental, taken as a whole, contains serious literary, artistic, +political, or scientific value. (Ord. Nos. 19196; 19963; 20552; 24440; 24699) +SEC. 41A-22.   INJUNCTION. +   A person who operates or causes to be operated a sexually oriented business +without a valid license or in violation of Section +41A-13 of this chapter is subject to a suit for injunction as well as +prosecution for criminal violations. (Ord. Nos. 19196; 24440; 24699) +SEC. 41A-23.   AMENDMENT OF THIS CHAPTER. +   Sections +41A-13 and +41A-14 of this chapter may be amended only after compliance with the procedure +required to amend a zoning ordinance. Other sections of this chapter may be +amended by vote of the city council. (Ord. Nos. 19196; 24440; 24699) +CHAPTER 42 +HOME SOLICITATIONS +ARTICLE I. +GENERAL. +Sec. +42-1.   Purpose. +Sec. +42-2.   Definitions. +Sec. +42-3.   Authority of chief. +Sec. +42-4.   Delivery of notices. +Sec. +42-5.   Violations; penalty. +Sec. +42-6.   Presumption of distribution of commercial printed matter. +ARTICLE II. +REGISTRATION OF HOME SOLICITORS. +Sec. +42-7.   Registration required; defenses. +Sec. +42-8.   Application for registration; fee; expiration; nontransferability; +material changes. +Sec. +42-9.   Issuance, denial, and display of registration; identification badge. +Sec. +42-10.   Suspension. +Sec. +42-11.   Revocation. +Sec. +42-12.   Appeals. +ARTICLE III. +MISCELLANEOUS REQUIREMENTS FOR HOME SOLICITATIONS. +Sec. +42-13.   Time and manner for conducting home solicitations. +Sec. +42-14.   Exhibiting signs prohibiting home solicitors. +Sec. +42-15.   Records. +ARTICLE I. +GENERAL. +SEC. 42-1.   PURPOSE. +   The purpose of this chapter is to protect against criminal activity +(including, but not limited to, burglary and fraud), to minimize the unwelcome +disturbance of citizens and the disruption of privacy, and to otherwise +preserve the public health, safety, and welfare by providing a registration +program for home solicitors. (Ord. 29245, eff. 4-22-14) +SEC. 42-2.   DEFINITIONS. +   In this chapter: +      (1)   AGENT means any person employed by or contracting with a home +solicitor. +      (2)   CERTIFICATE OF REGISTRATION or REGISTRATION means a certificate of +registration issued to a home solicitor under this chapter. +      (3)   CHIEF means the chief of police for the city of Dallas or a +designated representative. +      (4)   COMMERCIAL PRINTED MATTER means any printed or written matter, +whether on a sample, device, dodger, circular, leaflet, pamphlet, paper, or +booklet, and whether printed, reproduced, or copied that: +         (A)   advertises for sale any merchandise, product, commodity, or +service; +         (B)   directs attention to a business or commercial establishment or +other activity for the purpose of either directly or indirectly promoting +sales; +         (C)   directs attention to or advertises a meeting, performance, +exhibition, or event, for which an admission fee is charged for the purpose of +private gain or profit, unless an admission fee is charged or a collection is +taken up at the meeting, performance, exhibition, or event only for the purpose +of defraying the expenses; or +         (D)   while containing reading matter other than advertising matter, +is predominantly and essentially an advertisement and is distributed or +circulated for advertising purposes or for the private benefit and gain of any +person so engaged as the advertiser or distributor. +      (5)   CONVICTION means a conviction in a federal court or a court of any +state or foreign nation or political subdivision of a state or foreign nation +that has not been reversed, vacated, or pardoned. +      (6)   DISTRIBUTION means: +         (A)   to hand or attempt to hand commercial printed matter to an owner +or occupant of a residential premises or to any other person then present on +the residential premises; or +         (B)   to place, deposit, or distribute commercial printed matter on +residential premises. +      (7)   GOODS means property of every kind. +      (8)   HOME SOLICITATION means the business of soliciting, selling, or +taking orders for goods or services or distributing commercial printed matter +by going to one or more residential premises in the city in person or by an +agent. +      (9)   HOME SOLICITOR means a person who engages in home solicitations. +      (10)   IDENTIFICATION BADGE means a badge issued to a registrant under +this chapter that contains: +         (A)   the registrant’s photograph; +         (B)   the number and expiration date of the registrant’s certificate +of registration; and +         (C)   the phrase “Home Solicitor Registered under Chapter 42 of the +Dallas City Code,” or similar language approved by the chief. +      (11)   PERSON means an individual, corporation, trust, partnership, +association, or any other legal entity. +      (12)   REGISTRANT means a person issued a certificate of registration as +a home solicitor under this chapter. +      (13)   RESIDENTIAL PREMISES means any dwelling, house, building, or other +structure designed or used either wholly or in part for private residential +purposes (whether inhabited, uninhabited, or vacant), including any yard, +grounds, walk, driveway, porch, steps, vestibule, or mailbox belonging or +appurtenant to the dwelling, house, building, or other structure. +      (14)   SERVICES means any work done for the benefit of another person. +(Ord. 29245, eff. 4-22-14) +SEC. 42-3.   AUTHORITY OF CHIEF. +   The chief shall implement and enforce this chapter and may by written order +establish such rules, regulations, or procedures, not inconsistent with this +chapter, as the chief determines are necessary to discharge any duty under or +to effect the policy of this chapter. (Ord. 29245, eff. 4-22-14) +SEC. 42-4.   DELIVERY OF NOTICES. +   Any written notice that the chief is required to give an applicant or +registrant under this chapter is deemed to be delivered: +      (1)   on the date the notice is hand delivered to the applicant or +registrant; or +      (2)   three days after the date the notice is placed in the United States +mail with proper postage and properly addressed to the applicant or registrant +at the address provided for the applicant or registrant in the most recent +registration application. (Ord. 29245, eff. 4- 22-14) +SEC. 42-5.   VIOLATIONS; PENALTY. +   (a)   A person who violates a provision of this chapter, or who fails to +perform an act required of the person by this chapter, commits an offense. A +person commits a separate offense for: +      (1)   each day or portion of a day during which a violation is committed, +permitted, or continued; +      (2)   each item placed, deposited, or distributed on residential premises +in violation of this chapter; and +      (3)   each residential premises to which a home solicitation is conducted +in violation of this chapter. +   (b)   An offense under this chapter is punishable by a fine of not more than +$500. +   (c)   The culpable mental state required for the commission of an offense +under this chapter is governed by Section +1-5.1 of this code. +   (d)   The penalties provided for in Subsection (b) are in addition to any +other enforcement remedies and penalties that the city may have under city +ordinances and state law. (Ord. 29245, eff. 4-22-14) +SEC. 42-6.   PRESUMPTION OF DISTRIBUTION OF COMMERCIAL PRINTED MATTER. +   Whenever commercial printed matter is placed, deposited, or distributed, or +caused to be placed, deposited, or distributed, in violation of this chapter, +it is presumed that the person named on the commercial printed matter is the +person who committed the violation, either personally or through an agent. +(Ord. 29245, eff. 4-22-14) +ARTICLE II. +REGISTRATION OF HOME SOLICITORS . +SEC. 42-7.   REGISTRATION REQUIRED; DEFENSES. +   (a)   A person commits an offense if, within the city, the person: +      (1)   personally, by an agent, or as the agent of another, engages in a +home solicitation without a valid certificate of registration issued to the +person under this chapter; +      (2)   engages in a home solicitation by using an agent who does not hold +a valid certificate of registration issued under this chapter; or +      (3)   engages in a home solicitation by acting as an agent of another +person who does not hold a valid certificate of registration issued under this +chapter. +   (b)   It is a defense to prosecution under Subsection (a) that: +      (1)   the person was soliciting for a noncommercial purpose, including +but not limited to a charitable, educational, civic, patriotic, philanthropic, +political, or religious purpose; +      (2)   the person was on the residential premises by express invitation of +the owner, occupant, or other person in control of the premises; +      (3)   the person was a wholesale agent or factory representative who +sells or exhibits for sale goods, wares, or merchandise and was conducting +business with a person engaged in the business of buying, selling, and dealing +in the same type of goods, wares, or merchandise; +      (4)   the person was soliciting newspaper sales, or delivering newspapers +pursuant to a request by or contract with the owner, occupant, or other person +in control of a residential premises; +      (5)   the solicitation, sale, or taking of orders for goods or services +took place upon residential premises owned, leased, or controlled by the person +or by the person’s employer; +      (6)   the person was a governmental entity, or an officer, employee, or +agent of a governmental entity, placing a notice or other information on the +premises in the performance of official duties; or +      (7)   the person was the United States Postal Service or a private +courier service registered with the Federal Motor Carrier Safety +Administration, or an employee or agent of those services, delivering an item +of mail, a notice, or a package to the premises. +   (c)   Before taking any enforcement action under this section, the chief, +any police officer, or any city code enforcement officer shall ask the apparent +offender’s reason for being on the residential premises or for depositing any +item on the premises. The chief, the police officer, or the city code +enforcement officer shall not issue a citation or make an arrest under this +section unless he or she reasonably believes that an offense has occurred and +that, based on any response and other circumstances, no defense in Subsection +(b) is present. (Ord. 29245, eff. 4-22-14) +SEC. 42-8.    APPLICATION FOR REGISTRATION; FEE; EXPIRATION; +NONTRANSFERABILITY; MATERIAL CHANGES. +   (a)   To obtain a certificate of registration to conduct home solicitations, +a person must file a written application with the chief on a form provided for +that purpose. The application must include the following: +      (1)   If the applicant is a company: +         (A)   the company name, address, and telephone number; +         (B)   the name, address, telephone number, and title of each of its +officers; +         (C)   the date and place of incorporation or establishment of the +business; and +         (D)   the name, address, and telephone number of each person who will +be conducting a home solicitation in the city for the applicant. +      (2)   If the applicant is an individual: +         (A)   the applicant’s name, address, and telephone number; +         (B)   the name, address, and telephone number of any individual or +company for which the applicant is acting as an agent; +         (C)   the name, address, and telephone number of each person who will +be conducting a home solicitation in the city for the applicant; +         (D)   a photograph of the applicant, taken within the preceding 12 +months, that clearly depicts the applicant’s facial features; and +         (E)   the applicant’s date of birth and driver’s license number (with +the state of issuance) or, if the applicant does not have a driver’s license, +the number from another government-issued personal identification card +containing the applicant’s photograph and date of birth. +      (3)   The names of other communities in which the applicant has worked as +a home solicitor in the past 12 months and, if the applicant was an agent of +different companies in the other communities, the names of those companies. +      (4)   The nature, character, and quality of the goods or services to be +advertised, offered for sale, or delivered as part of the home solicitation. +      (5)   Whether the applicant, upon obtaining an order for goods or +services, will demand, accept, or receive payment or a deposit of money in +advance of final delivery of the goods or services. +      (6)   The dates, times, and locations for which the applicant proposes to +conduct home solicitations in the city. +      (7)   An outline of the method or methods to be used in conducting the +home solicitations. +      (8)   Whether the applicant has been convicted of any crime listed in +Section +42-9(a)(2)(A) within the time period listed in Section +42-9(a)(2)(B), and the applicant’s signed consent authorizing the city to +obtain a criminal history report on the applicant. +      (9)   Proof that the applicant possesses all licenses or permits required +by this code or by state or federal law for the operation of the proposed +business. +      (10)   If the applicant is an agent of an individual or company, written +proof of the applicant’s authority to represent the individual or company. +      (11)   Any other information the chief determines necessary to the +enforcement and administration of this chapter. +   (b)   An application filed under this section must be accompanied by a +nonrefundable registration fee of $50. +   (c)   A certificate of registration expires one year after the date of +issuance. Upon expiration, the registrant may apply for a registration renewal +in the same manner prescribed by this section for a new registration. +   (d)   Neither a certificate of registration nor an identification badge is +transferable from one person to another, but both may be used by the registrant +to act as an agent for different individuals or companies during the +registration term if the chief is notified in accordance with Subsection (e). +   (e)   A registrant shall notify the chief within 10 days after any material +change in the information on the application during the registration term. A +material change includes, but is not limited to: +      (1)   when a registrant becomes an agent for another individual or +company; +      (2)   when a registrant terminates an individual’s authority to serve as +the registrant’s agent; +      (3)   a change in the nature, character, and quality of the goods or +services; or +      (4)   a change in the dates, times, and locations proposed for conducting +home solicitations in the city. (Ord. 29245, eff. 4-22-14) +SEC. 42-9.   ISSUANCE, DENIAL, AND DISPLAY OF REGISTRATION; IDENTIFICATION +BADGE. +   (a)   The chief shall issue a certificate of registration to the applicant +within 30 days after receipt of the application unless any of the following +applies: +      (1)   The applicant has failed to provide material information requested +or made a false statement of a material fact on the application form or in a +hearing concerning the application or registration. +      (2)   The applicant has been convicted of a crime: +         (A)   involving: +            (i)   criminal homicide as described in Chapter 19 of the Texas +Penal Code, as amended; +            (ii)   kidnapping as described in Chapter 20 of the Texas Penal +Code, as amended; +            (iii)   a sexual offense as described in Chapter 21 of the Texas +Penal Code, as amended; +            (iv)   an assaultive offense as described in Chapter 22 of the +Texas Penal Code, as amended; +            (v)   robbery as described in Chapter 29 of the Texas Penal Code, +as amended; +            (vi)   burglary as described in Chapter 30 of the Texas Penal Code, +as amended; +            (vii)   theft as described in Chapter 31 of the Texas Penal Code, +as amended, but only if the offense was committed against a person with whom +the applicant came in contact while engaged in a home solicitation business; +            (viii)   fraud as described in Chapter 32 of the Texas Penal Code, +as amended, but only if the offense was committed against a person with whom +the applicant came in contact while engaged in a home solicitation business; +            (ix)   the transfer, carrying, or possession of a weapon in +violation of Chapter 46 of the Texas Penal Code, as amended, or of any +comparable state or federal law, but only if the violation is punishable as a +felony under the applicable law; or +            (x)   criminal attempt to commit any of offenses listed in +Paragraph (2) (A) (i) through (ix) of this subsection; +         (B)   for which: +            (i)   less than two years have elapsed since the date of conviction +or the date of release from confinement imposed for the conviction, whichever +is the later date, if the applicant was convicted of a misdemeanor offense; +            (ii)   less than five years have elapsed since the date of +conviction or the date of release from confinement for the conviction, +whichever is the later date, if the applicant was convicted of a felony +offense; or +            (iii)   less than five years have elapsed since the date of the +last conviction or the date of release from confinement for the last +conviction, whichever is the later date, if, within any 24-month period, the +applicant has two or more convictions of any misdemeanor offense or combination +of misdemeanor offenses. +      (3)   The applicant has failed to provide proof of a license or permit +required by this code or another city ordinance or by state law for the +operation of the proposed business. +      (4)   The applicant or an agent, individually or cumulatively, has been +convicted of two violations of this chapter, other than the offense of +conducting a home solicitation without a certificate of registration, within +the 24 months immediately preceding the application. +      (5)   The required registration fee has not been paid. +      (6)   The applicant has failed to comply with or the proposed business +will violate any applicable ordinance or regulation of the city or applicable +state or federal law. +   (b)   If the chief determines that a certificate of registration should be +denied the applicant, the chief shall notify the applicant in writing that the +application is denied and include in the notice the reason for denial and a +statement informing the applicant of the right of appeal. +   (c)   Upon issuing a certificate of registration, the chief shall also issue +the registrant an identification badge. At all times the registrant is +conducting home solicitations in the city, the registrant shall prominently +display the identification badge on the registrant’s clothing and maintain the +certificate of registration on the registrant’s person. The registrant shall +allow the certificate of registration and the identification badge to be +examined upon request by the chief, any police officer, any city code +enforcement officer, or the owner or occupant of the residential premises on +which a home solicitation is being conducted. +   (d)   If a registrant’s identification badge is lost, mutilated, or +destroyed, the chief shall issue the registrant a duplicate identification +badge upon payment of a $10 duplicate badge fee. (Ord. 29245, eff. 4-22-14) +SEC. 42-10.   SUSPENSION. +   (a)   The chief may suspend a certificate of registration for a definite +period of time not to exceed 30 days if the chief determines that: +      (1)   a violation of this code or any other law concerning the sale or +distribution of goods or services, or the distribution of commercial printed +matter, by the registrant or the registrant’s agent has occurred; or +      (2)   the registrant or a representative authorized to supervise the +registrant’s agents has failed to establish policy and take action to +discourage, prevent, or correct violations of this chapter by agents. +   (b)   The chief shall send to the registrant by certified mail, return +receipt requested, a written statement setting forth the reasons for the +suspension and notifying the registrant of the right to appeal. A timely +request for appeal by the registrant stays the effect of the suspension unless +the chief determines that an emergency exists. +   (c)   For purposes of this section, an emergency exists if the chief +determines that a violation has occurred and constitutes an imminent and +serious threat to the public health or safety. In case of an emergency, the +chief may order the registrant or the registrant’s representative to correct +the violation immediately or cease home solicitations to the extent the chief +determines is necessary to abate the threat until the violation is corrected. +(Ord. 29245, eff. 4-22- 14) +SEC. 42-11.   REVOCATION. +   (a)   The chief shall revoke a certificate of registration if the chief +determines that: +      (1)   the registrant or an agent of the registrant, individually or +cumulatively, has been convicted in any court of two violations of this code or +any other law concerning the sale or distribution of goods or services, or the +distribution of commercial printed matter, within a 12-month period (the fact +that a conviction is being appealed has no effect); +      (2)   the registrant has given false or misleading information of a +material nature or has withheld material information on the application or in +any hearing concerning the application or registration; +      (3)   the registrant or an agent of the registrant has intentionally or +knowingly impeded a lawful inspection by the chief, the chief’s authorized +representative, or any representative of another department who has the +authority to inspect the registrant and the registrant’s business procedure; or +      (4)   a cause for suspension under Section +42-10 occurs and the certificate of registration has been suspended within the +preceding 12 months. +   (b)   The chief shall send to the registrant by certified mail, return +receipt requested, a written statement setting forth the reasons for the +revocation and notifying the registrant of the right to appeal. +   (c)   If the chief revokes a certificate of registration, the fee already +paid for the registration will be forfeited. A person whose certificate of +registration has been revoked under this section may not apply for or be issued +a new registration for a period of one year after the date the revocation took +effect, except that, if the chief determines that the basis for the revocation +has been corrected, the person may apply for and be issued a new certificate of +registration if at least 90 days have elapsed since the date the revocation +took effect. (Ord. 29245, eff. 4-22-14) +SEC. 42-12.   APPEALS. +   If the chief denies issuance or renewal of a certificate of registration or +suspends or revokes a certificate of registration, this action is final unless +the applicant or registrant files an appeal with the permit and license appeal +board in accordance with Section +2-96 of this code. (Ord. 29245, eff. 4-22-14) +ARTICLE III. +MISCELLANEOUS REQUIREMENTS FOR HOME SOLICITATIONS. +SEC. 42-13.   TIME AND MANNER FOR CONDUCTING HOME SOLICITATIONS. +   (a)   A person commits an offense if the person conducts or attempts to +conduct (either personally or through an agent) a home solicitation at a +residential premises: +      (1)   before 9:00 a.m. or after sunset of any day, Monday through +Saturday; +      (2)   at any time on a Sunday; or +      (3)   at any time on New Year’s Day, Martin Luther King, Jr. Day, +Presidents’ Day (Washington’s Birthday), Memorial Day, Independence Day (July +4th), Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, or Christmas +Day. +   (b)   It is a defense to prosecution under Subsection (a) that the visit to +the residential premises was the result of a request or an appointment made by +the owner or occupant. +   (c)   In this section “sunset” means the time of day published on the +weather page of the Dallas Morning News as the time for sunset on that day in +the city. +   (d)   A person shall conduct a home solicitation only at the front or main +entrance to the residential premises, and shall only gain access to the front +or main entrance by using public sidewalks and paved approaches to the +entrance. It is a defense to prosecution under this subsection that the owner +or occupant of the residential premises consented to another location or manner +of access for the home solicitation. +   (e)   A home solicitor commits an offense if he uses any adhesive material, +or other material that may cause damage to a door or property, when placing, +depositing, or distributing commercial printed matter on residential premises. +(Ord. Nos. 14300; 18875; 29245, eff. 4-22-14) +SEC. 42-14.   EXHIBITING SIGNS PROHIBITING HOME SOLICITORS. +   (a)   Any person desiring to prohibit home solicitations on the person’s +residential premises shall exhibit in a conspicuous place upon or near the +front or main entrance to the residential premises a weatherproof sign +containing the words, “NO SOLICITORS OR HANDBILLS,” or any similar notice +indicating that the occupants of the premises do not desire to be bothered, +have their right of privacy disturbed, or have commercial printed matter left +upon the premises. +   (b)   Every home solicitor, before going onto any residential premises, or +placing, depositing, or distributing commercial printed matter upon any +residential premises, shall first examine the premises to determine if any sign +prohibiting home solicitations is exhibited upon or near the front or main +entrance to the premises. If such a sign is exhibited, the home solicitor shall +immediately depart from the premises without disturbing the owner or occupant +or leaving any commercial printed matter. It is a defense to prosecution under +this subsection that the visit was the result of a request or an appointment +made by the owner or occupant or that the particular commercial printed matter +was left on the premises with the express consent of the owner or occupant. +   (c)   A person commits an offense if the person, either personally or +through an agent, engages in or attempts to engage in a home solicitation at a +residential premises if a sign is exhibited on the premises in accordance with +Subsection (a). It is a defense to prosecution under this subsection that the +visit was the result of a request or an appointment made by the owner or +occupant of the residential premises or that the particular commercial printed +matter was left on the premises with the express consent of the owner or +occupant. +   (d)   A person commits an offense if the person removes, defaces, or renders +illegible a sign placed by the owner or occupant on residential premises in +accordance with Subsection (a) of this section. It is a defense to prosecution +under this subsection that the person was the owner or occupant of the premises +or an agent of the owner or occupant. +   (e)   Any home solicitor who has gained entrance to a residential premises, +or an audience with the owner or occupant, whether invited or not, shall +immediately depart from the premises without disturbing the owner or occupant +further when requested to leave by the owner or occupant. (Ord. Nos. 14300; +29245, eff. 4-22-14) +SEC. 42-15.   RECORDS. +   (a)   Any registrant who uses an agent to conduct home solicitations in the +city shall maintain records containing: +      (1)   the names, addresses, and telephone numbers of all persons the +registrant contracts with or employs to engage in home solicitations in the +city; +      (2)   each agent’s date of birth and driver’s license number (with the +state of issuance) or, if the agent does not have a driver’s license, the +number from another government-issued personal identification card containing +the agent’s photograph and date of birth; and +      (3)   the dates, times, and locations of each home solicitation conducted +by the registrant or the registrant’s agent in the city. +   (b)   Records required by Subsection (a) must be maintained by the +registrant for at least one year and must be made available for examination by +the chief, any police officer, or any city code enforcement officer at +reasonable times upon request. (Ord. 29245, eff. 4-22-14) +CHAPTER 42A +SPECIAL EVENTS; NEIGHBORHOOD MARKETS; DALLAS FARMERS MARKET FARMERS MARKET; +STREETLIGHT POLE BANNERS +ARTICLE I. +GENERAL PROVISIONS. +Sec. +42A-1.   Purpose. +Sec. +42A-2.   Definitions. +Sec. +42A-3.   General authority and duty of director. +Sec. +42A-4.   Chapter cumulative. +Sec. +42A-5.   Exemptions. +Sec. +42A-6.   Fees. +Sec. +42A-7.   Indemnification. +Sec. +42A-8.   Appeal from denial or revocation of a permit. +Sec. +42A-9.   Amplified outdoor sound and lighting. +Sec. +42A-10.   High impact areas. +Sec. +42A-11.   Clean zone. +ARTICLE II. +SPECIAL EVENT PERMITS. +Sec. +42A-12.   Application; issuance. +Sec. +42A-13.   Security; crowd control; and traffic control. +Sec. +42A-14.   Emergency medical services. +Sec. +42A-15.   Insurance. +Sec. +42A-16.   Street closures. +Sec. +42A-17.   Parking. +Sec. +42A-18.   Notice. +Sec. +42A-19.   Portable restroom and trash receptacle requirements. +Sec. +42A-20   Denial or revocation. +ARTICLE III. +NEIGHBORHOOD MARKET. +Sec. +42A-21.   Application; issuance. +Sec. +42A-22.   Location of a neighborhood market. +Sec. +42A-23.      Operation of a neighborhood market. +Sec. +42A-24.   Street closures. +Sec. +42A-25.   Parking. +Sec. +42A-26.   Products at a neighborhood market. +Sec. +42A-27.   Vendor's statement. +Sec. +42A-28.   Denial or revocation. +ARTICLE IV. +DALLAS STREET SEATS PROGRAM. +Sec. +42A-28.1.   Establishment of rules and regulations. +Sec. +42A-28.2.   Application; issuance. +Sec. +42A-28.3.   Location, design, and operations. +Sec. +42A-28.4.   Public safety review. +Sec. +42A-28.5.   Community support and property authorization. +Sec. +42A-28.6.   Public notice. +Sec. +42A-28.7.   Insurance requirements. +Sec. +42A-28.8.   Street seat removal. +Sec. +42A-28.9.   Denial or revocation. +ARTICLE V. +DALLAS FARMERS MARKET FARMERS MARKET. +Sec. +42A-29.   Application; issuance. +Sec. +42A-30.   Street closures. +Sec. +42A-31.   Parking. +Sec. +42A-32.      Operations of Dallas Farmers Market farmers market. +Sec. +42A-33.   Products at Dallas Farmers Market. +Sec. +42A-34.   Denial or revocation. +ARTICLE VI. +STREETLIGHT POLE BANNERS. +Sec. +42A-35.   Application; issuance. +Sec. +42A-36.   Permit extension. +Sec. +42A-37.   Insurance. +Sec. +42A-38.   Streetlight pole banner regulations. +Sec. +42A-39.   Denial or revocation. +ARTICLE VII. +ENFORCEMENT. +Sec. +42A-40.   Offenses. +Sec. +42A-41.   Penalty. +ARTICLE I. +GENERAL PROVISIONS. +SEC. 42A-1.   PURPOSE. +   The purpose of this chapter is to facilitate the promotion of temporary +outdoor activities including special events, neighborhood markets, the Dallas +Farmers Market farmers market, and streetlight pole banners within the city, as +defined in this chapter. The city's overall goal is to encourage activities +that benefit the city, stimulate economic growth, and provide a vibrant, active +community for all citizens. The city gives priority to established special +events. (Ord. Nos. 21934; 31144) +SEC. 42A-2.   DEFINITIONS. +   In this chapter: +      (1)   AMPLIFIED SOUND means any sound projected or transmitted by +artificial means, including but not limited to, loudspeakers, amplifiers, +powered megaphones, or similar devices. +      (2)   APPLICANT means a person who has submitted an application for a +permit under this chapter. This term includes the person submitting the +application, the secondary person listed on the application, and any person or +organization that an applicant applies for a permit on behalf of, as well as +any third party providing contracted functions to an activity permitted under +this chapter, and the owner or property manager of the property or venue where +a permitted activity will occur if a lease or contract has been executed, or +will be executed, or if the property owner has provided written approval for +the proposed permitted activity, and the property owner or manager is providing +services to the event. +      (3)   APPLICATION PROCESSING FEE means a non-refundable fee required at +the time of application submission. +      (4)   CENTRAL BUSINESS DISTRICT means the area bounded by Woodall Rodgers +Freeway on the north, Central Expressway and Julius Schepps Freeway on the +east, Interstate Highway 30 on the south, and Interstate Highway 35E on the +west. +      (5)   CITY means the city of Dallas, Texas. +      (6)    CITY-SPONSORED ACTIVITY means a temporary outdoor activity that +the city council, by resolution, or the city manager, by written notice, has: +         (A)   determined to be directly related to a recognized function of +city government; +         (B)   declared the city a cosponsor of the event; and +         (C)   committed the city to significantly sharing in initiating, +financing, supporting, and conducting the event. +      (7)   CLEAN ZONE means a geographically defined area surrounding a +permitted activity footprint or event host venues, where temporary restrictions +are enforced related to temporary advertising, signage, structures, transient +merchants, vendors, or otherwise licensed activities. +      (8)   DALLAS FARMERS MARKET means a permanent, indoor and outdoor market +on public and private property where produce, merchandise, food, or other +products are distributed, offered for sale, or sold and that is: +         (A)   bounded by Marilla Street on the north, northbound Cesar Chavez +Boulevard on the east, Interstate Highway 30 on the south, and Harwood Street +on the west; and +         (B)   described in and subject to a master agreement with the city +adopted on February 27, 2013 by Resolution No. 13-0447 and the operating +covenants with the city contained in lease and deed documents authorized on +March 27, 2013 by Resolution Nos. 13-0535, 13-0536, 13-0537, 13-0538, and 13- +0539, inclusive of future agreements and leases executed between the city and +the Dallas Farmers Market and amendments to existing agreements and leases. +      (9)   DIRECTOR means the person designated by the city manager to +implement, administer, and enforce this chapter, and includes any designated +representative of the director. +      (10)   DISTRICT IDENTIFICATION BANNER means a long-term banner that +identifies a geographic location or place of interest with defined perimeters. +      (11)   ESTABLISHED SPECIAL EVENT means an event or activity that: +         (A)   occurs at least once a year; +         (B)   has an average expected attendance exceeding 1,000 for each day +of the event or activity; +         (C)   contributes to positive advertising and economic growth of the +city; and +         (D)   is open to the public, with or without an entry fee. +      (12)   EXPECTED TOTAL ATTENDANCE means the estimated attendance at a +permitted activity as estimated by the applicant on an application. Expected +total attendance includes all event staff, vendors, spectators, participants, +and attendees. +      (13)   FIRST AMENDMENT ACTIVITY means all expressive personal religious +or political beliefs and associative activity on the public right-of-way that +is protected by the United States and Texas constitutions, including freedom of +speech, freedom of the press, freedom of assembly, and the right to petition. +      (13.1)   GUIDEBOOK means the Dallas Street Seats Pilot Program Guidebook, +published annually by the director on the office of special events website and +containing city requirements and regulations for street seats. +      (14)   HIGH IMPACT AREA means an area included on the list published +annually in accordance with Section +42A-10. +      (15)   MAJOR CHANGE means any change to an application that requires +subsequent public safety or departmental review. Examples include, but are not +limited to, route changes, location or venue changes, date changes, changes in +expected total attendance, adding alcohol distribution, and changes to complex +scenes. +      (16)   MOVING EVENT means an event that is not confined to a fixed +location. +      (16.1)   NACTO means the National Association of City Transportation +Officials. +      (17)   NEIGHBORHOOD MARKET means a temporary outdoor marketplace, outside +of the central business district, on private property, or on city property with +approval of the department controlling the property, where produce, +merchandise, food, or other products are distributed, offered for sale, or sold +directly to consumers by the persons that have raised, grown, made, crafted, +processed, or produced the products. +      (18)   PERMIT means an official document authorizing the activation of an +approved activity granted by the director as required under this chapter. +      (19)   PERMIT HOLDER means a person issued a permit under this chapter. +This term includes the applicant and any person or organization on behalf of +which an applicant applies for a permit on behalf of, as well as the owner or +manager of property where a permitted activity will occur. +      (20)   PERSON means an individual, firm, partnership, corporation, +association, or other legal entity. +      (21)   PRELIMINARY LETTER means a document sent by the director to the +applicant outlining all requirements that must be met prior to permit issuance. +      (21.1)   PRIVATE STREET SEAT means a street seat that is permitted within +the public rights-of-way for use by an establishment with an abutting property +interest as an extension of its business capacity. +      (21.2)   PUBLIC STREET SEAT means a street seat that is open to the +public and is permitted to a non-abutting person, property owner, or business +operator with consent of abutting owners. +      (22)   SPECIAL EVENT means a temporary outdoor gathering, with an +expected total attendance greater than 100, which involves one or more of the +following on private or public property where otherwise prohibited by +ordinance: +         (A)   closing or restricting of a public street lane, alley, or +sidewalk; +         (B)   restricting access to public property; +         (C)   sale of merchandise, food, alcohol, or other beverages where +otherwise not permitted as a neighborhood market or by an annual Dallas Farmers +Market farmers market permit; +         (D)   erection of a tent larger than 399 square feet in area or +erection of multiple tents with a cumulative area of over 399 square feet; +         (E)   installation of a temporary stage, bandshell, outdoor projection +technology, trailer, van, grandstand, bleachers, or portable toilets for public +use; +         (F)��  use of city hall plaza; +         (G)   a run, walk, ride, or special event parade; +         (H)   placement of temporary no parking, directional, oversized, or +identification signs or banners in connection with an event that are placed in +or over a public right-of-way, or on private property where otherwise +prohibited by ordinance; or +         (I)   clean zone enforcement. +      (23)   SPECIAL EVENT PARADE means the assembly of 100 or more persons +whose gathering is for the common design of traveling or marching in procession +from one location to another location for the purpose of advertising, +promoting, celebrating, or commemorating a thing, person, date, or event that +is not directly related to the expression of feelings and beliefs on current +political, religious, or social issues. +      (24)   STREET CLOSURE means any lane or street closure that impacts or +disrupts the flow of traffic, unless the closure is intermittent. +      (24.1)    STREET SEATS PROGRAM means the city council approved pilot +program using one of the city's pre-approved plans to transition no more than +two unobstructed street parking spaces into a small useable area by installing +a safe perimeter and a platform that extends the sidewalk into the abutting +rights-of-way and is accompanied by amenities like benches, tables, bicycle +parking, and planters. All street seats in the pilot program are managed and +maintained by the permit holder. +      (25)   STREETLIGHT POLE BANNER means a temporary sign suspended between +brackets and attached to utility or streetlight poles in city right-of-way, +designed for an approved activity, an historical or commemorative event within +the city, or identification of a public improvement district. +      (25.1)   TEMPORARY PARKLET PROGRAM means the program approved by the +Dallas City Council in response to the impacts of COVID-19 to permit the +activation of adjacent parking spaces or sidewalks for use as additional +seating or service areas in an effort to assist local businesses with their +economic recovery. +      (26)   TENT means any structure, enclosure, or shelter constructed of +fabric or other pliable material supported by any manner except by air or the +contents protected by the material. +      (27)   TRAFFIC CONTROL PLAN means a plan designed for the purpose of +safely and efficiently managing traffic or arranging for DART detours +associated with an activity permitted under this chapter. +      (28)   UNOBSTRUCTED STREET PARKING means a dedicated parking spot without +time restrictions. (Ord. Nos. 18702; 19869; 21934; 29016; 31144; 31557; 31708) +SEC. 42A-3.   GENERAL AUTHORITY AND DUTY OF DIRECTOR. +   (a)   The director shall implement, administer, and enforce the provisions +of this chapter. +   (b)   The director has authority to issue a permit that authorizes one or +more of the activities described in this chapter when requirements of this +chapter have been met. +   (c)   The director, police chief, and fire chief may require public safety +measures that exceed the minimum standards set forth in this chapter based on +specific event risk and threat factors identified by the appropriate city +departments. +   (d)   The director may impose additional permit requirements upon the +applicant or permit holder for any activity as required in this chapter if the +total attendance is expected to exceed the applicant's expected total +attendance, if the activity is held in a high impact area, or there will be an +impact to residents and businesses. +   (e)   The director may decline or propose alternate dates, times, street +closures, venues, or routes, or impose additional requirements upon a permit +holder based on public safety or impact on local residents and businesses. +(Ord. Nos. 18702; 21934; 29016; 31144) +SEC. 42A-4.   CHAPTER CUMULATIVE. +   (a)   The provisions of this chapter are cumulative of all city ordinances. +Except as provided in Subsection (c), all other permits and licenses required +by ordinance or other law for specific activities to be conducted in +conjunction with or as part of the activities permitted under this chapter must +be applied for separately, in accordance with the applicable ordinance or law. +   (b)   Application for a permit under this chapter authorizes appropriate +city departments to issue permits for the activities authorized by this chapter +with office of special events approval. +   (c)   A license for the use of the public right- of-way required by +Article VI of Chapter 43 of this code, and any fees applicable to obtaining the +license, is not required for a special event, neighborhood market, or Dallas +Farmers Market farmers market conducted in compliance with this chapter and the +terms of a valid permit issued under this chapter. (Ord. Nos. 18702; 21934; +29016; 31144) +SEC. 42A-5.   EXEMPTIONS. +   The provisions of this chapter do not apply to: +      (1)   a special event conducted entirely on: +         (A)   property under the control of the park and recreation board; +         (B)   the "convention center" as defined in Section +43-127 of this code; or +         (C)   public property managed by an organization with a lease or +operating agreement with the city that details special event permit exemptions. +      (2)   a funeral procession; +      (3)   First Amendment activities, except that a special event permit must +be secured for any activity that triggers a special event permit as detailed in +Section +42A-2(22) of this chapter that is activated in conjunction with the First +Amendment activity. All applicable fees will apply; +      (4)   a neighborhood block party that is conducted on a single block and +is expected to have fewer than 200 attendees; +      (5)   escort vehicles; +      (6)   moving a structure in accordance with the Dallas Building Code; or +      (7)   the regular indoor permanent daily operations of the Dallas Farmers +Market. (Ord. Nos. 18702; 19869; 21934; 26136; 28046; 29016; 31144) +SEC. 42A-6.   FEES. +   (a)   Special event permit. An applicant for a special event permit shall +pay the following application processing fees: +Special Event Application Processing Fees* +Special Event Application Processing Fees* +Base Application Fee Based On Expected Total Attendance +<200 $50 +201 - 400 $80 +401 - 800 $100 +801 - 1000 $150 +1,001 - 2,000 $200 +2,001 - 4,000 $300 +4,001 - 8,000 $400 +8,001 - 12,000 $500 +12,001 - 20,000 $600 +20,001+ $700 +In addition, select the applicable street closure fee: +No Street Closure - An event with no street closures. $0 +Static Street Closure Event (Simple) - An event with a set footprint that +is limited to one block on residential/neighborhood streets and does not $50 +involve the closure of any intersections. +Static Street Closure Event (Moderate) - An event with a set footprint $100 +that includes the closure of one to three street blocks or intersections. +Static Street Closure Event (Complex) - An event with a set footprint that +includes the closure of four or more street blocks or intersections, or $200 +any closure in a high impact area. +Moving Event (Simple) - A moving event that is limited to trails and $75 +residential or neighborhood streets. +Moving Event (Moderate) - A moving event on city streets other than $150 +residential/neighborhood streets and outside of a high impact area. +Moving Event (Complex) - A moving event of which any part moves through a $300 +high impact area. +  +* No application processing fees for a special event that is open to the public +and being conducted at the Dallas Farmers Market as produced by the Dallas +Farmers Market in compliance with the market's agreements and covenants with +the city. An application under the temporary parklet program must pay a one- +time base application fee of $50 based on an application with an expected total +attendance of less than 200. +   (b)   Neighborhood market. An applicant for a neighborhood market permit +shall pay the following application processing fees: +  +NEIGHBORHOOD MARKET ANNUAL APPLICATION PROCESSING FEES +Base Application Fee $100 +Per every 10 vendors $25 +Street Closure Fee - Simple (1 block, no intersections) $50 +  +   (c)   Street seats. An applicant for a street seats permit shall pay the +following application processing fees: +  +STREET SEATS PERMIT PROCESSING FEES +Base Application Fee : Phase I Permit (construction approved) $500 +Phase II Permit (occupancy approved) $500 +  +   (d)   Streetlight pole banners. An applicant for a streetlight pole banner +shall pay the following application processing fees: +  +STREET POLE BANNER APPLICATION PROCESSING FEES +Base Application Fee $100 +Per Pole Fee $20 +Permitted event - First 5 poles at no charge, additional +poles will be invoiced at full price (banners must be 5 poles at no charge +related to permitted event). +District Identification Banners - District identification +banners do not include short-term event banners designed No charge +to promote events, festivals, major sporting events, or +tourism programs with specific dates or time periods. +  +   Streetlight Pole Banners +   (e)   Dallas Farmers Market. An applicant for a Dallas Farmers Market +farmers market permit shall pay an annual application processing fee of $400. +   (f)   Additional application processing fees for all permit types. +      (1)   A late application processing fee of $40 per day is required, in +addition to the applicable application processing fees required by Subsections +(a), (b), (c), (d), (e), and (f) of this section, if the application is filed +with the director less than the minimum number calendar days required by +Sections +42A-12, +42A-21, 42A-28.2, +42A-29, or +42A-35 before the scheduled activity is to begin. This fee is limited to five +days. +      (2)   An application processing fee of $50 per minor change to an +application requested by the applicant. +      (3)   An application processing fee of $5,000 for a full or half street +closure of the Margaret Hunt Hill Bridge for a period of 24 hours or less. +      (4)   An application processing fee of $2,000 for a partial lane closure +of the Margaret Hunt Hill Bridge for a period of 24 hours or less. +      (5)   An application processing fee of $500 for a clean zone. +      (6)   An application processing fee of $50 if alcohol will be provided at +a permitted activity. +      (7)   An application processing fee of $150 if alcohol will be sold at a +permitted activity. +   (g)   Additional city department related fees when applicable. +      (1)   A fee of $1,500 for the required activation of the office of +emergency management for a planned permitted activity where the expected +attendance is 30,000 or more. +      (2)   A parking meter hooding or removal fee, computed in accordance with +Section +28-114.12 of this code, for each parking meter required by the applicant to be +hooded or removed for a planned permitted activity. +      (3)   A rental fee for city equipment and property used by the applicant +for a planned permitted activity. +      (4)   A fee for the number of Dallas police officers, Dallas fire-rescue +officers, or vehicles required by Sections +42A-13 and +42A-14 to provide security, crowd control, and traffic control at a permitted +activity. +      (5)   A fee to reimburse the city for direct costs incurred by the city +in providing services at a permitted activity; direct costs include, but are +not limited to, the reasonable costs of setup, cleanup, public safety, +oversight of city facilities and equipment, electrical services, construction, +placement and retrieval of city equipment, and other related services beyond +what the city would provide to the general public in the ordinary course of its +daily operations. +      (6)   Fee for all other required permits and licenses must be paid. +   (h)   Non-profit applicants. The base application fee for all application +types will be reduced by 50 percent for a certified 501(c)(3) non-profit +applicant. +   (i)   List of charges. A current list of charges for the items, services, +and personnel described in Subsections (g)(3), (4), and (5) and in Subsection +(k), and for any other items, services, or personnel that may be required under +this chapter, must be maintained by the director and published annually to the +office of special events website. The chiefs of the police department and fire- +rescue department shall provide to the director the current schedule of charges +for the personnel and vehicles described in Subsection (g)(5). +   (j)   Security deposit. Not less than 10 days before the date of the planned +permitted activity, the applicant shall deposit with the appropriate city +department an amount equal to a security deposit for any city equipment or +property rented under Subsection (g)(3), to be refunded to the applicant if the +equipment or property is returned undamaged to the city. +   (k)   Police and fire-rescue fees. The applicant shall pay any remaining +fees owed for all public safety expenses incurred by a special event, +neighborhood market, street seats, or Dallas Farmers Market farmers market +within 15 business days after receipt of an invoice from the city. +   (l)   Waiver. All or part of the application processing fees required by +this section to be paid to the city for a city-sponsored activity may be waived +by approval of the city manager or by city council resolution. +   (m)   Fee credit. If an application or permit is cancelled due to an Act of +God and the permitted activity is rescheduled for an available date within 60 +days from the original event date, any previously paid application processing +fees will be credited toward the rescheduled date. (Ord. Nos. 21934; 31144; +31557; 31708) +SEC. 42A-7.   INDEMNIFICATION. +   An applicant for a permit issued under this chapter shall execute an +agreement to indemnify the city and its officers and employees against all +claims of injury or damage to persons or property, whether public or private, +arising out of the permitted activity. (Ord. 31144) +SEC. 42A-8.   APPEAL FROM DENIAL OR REVOCATION OF A PERMIT. +   (a)   If the director denies the issuance of a permit or revokes a permit, +after three attempts to contact by phone or email, the director shall send the +applicant or permit holder by certified mail, return receipt requested, written +notice of the denial or revocation and of the right of appeal. Mailed notice +shall be deemed received and effective three days after the date of mailing +whether the notice was actually received or not or whether the notice was +returned unclaimed or undeliverable. +   (b)   The applicant or permit holder may appeal the decision of the director +to the permit and license appeal board in accordance with Section +2-96 of this code. (Ord. 31144) +SEC. 42A-9.   AMPLIFIED OUTDOOR SOUND AND LIGHTING. +   (a)   Except as provided in this section, amplified outdoor sound and +lighting is allowed in conjunction with a permit issued under this chapter only +between the hours of 8:00 a.m. and 10:00 p.m. +   (b)   The director may grant a variance to Subsection (a) if he determines +that allowing outdoor amplified sound or lighting during additional hours will +not result in an excessive negative impact on the quality of life of +surrounding residences and businesses. (Ord. 31144) +SEC. 42A-10.   HIGH IMPACT AREAS. +   (a)   The director shall publish a list of high impact areas on the office +of special events website annually. +   (b)   A committee shall meet at least once annually to determine the list of +high impact areas. The committee must be comprised of the office of special +events and representatives of at least five city departments and partner +agencies. +   (c)   The committee shall consider the following factors in determining +which areas to designate as high impact areas: +      (1)   Construction in the area. +      (2)   Complaints received by the director. +      (3)   Input from citizens. +      (4)   Historical event and location knowledge of committee members. (Ord. +31144) +SEC. 42A-11.   CLEAN ZONE. +   (a)   The operational restrictions within a clean zone are imposed to negate +the impact of a planned permitted activity on neighboring businesses and +residents and to protect the integrity of the host and sponsors of the +permitted activity. A clean zone does not affect any existing operations, +signage, or permitted activity associated with a business's typical operations. +   (b)   The director may designate the duration and geographic boundaries of a +clean zone following consultation with the chief of police and all applicable +departments. +   (c)   The boundaries of a clean zone, as well as any requirements and +restrictions for the clean zone, must be in writing and included in the terms +of the permit. +   (d)   If a clean zone is approved, the applicant shall deliver notice a +minimum of seven days before the permitted activity begins, at the applicant's +expense, to all registered homeowners' associations, religious institutions, +schools, and owners or occupants of real property within the boundaries of the +area of the clean zone. Notice must include, but not be limited to, the +location, boundaries, effective dates and times, and the requirements and +restrictions of the clean zone. Complete documentation of this effort must be +submitted to the director and approved prior to permit issuance. (Ord. 31144) +ARTICLE II. +SPECIAL EVENT PERMITS. +SEC. 42A-12.   APPLICATION; ISSUANCE. +   (a)   A person desiring to hold a special event shall submit an online +application with the office of special events. An application must be filed not +less than the number of calendar days indicated in the following table before +the special event is to begin. The director may waive the filing requirement if +the application is submitted within five days of the submission due deadline +and the application can be processed in less than the number of calendar days +indicated on the chart, taking into consideration the number and types of +additional licenses and permits that may be required to be issued in +conjunction with the special event permit and the extent of public safety, +department, or agency review required based on the scope of the event. +  +   APPLICATION SUBMISSION DUE DEADLINES +No Street Closures 30 calendar days +Static Street Closures 60 calendar days +Moving Events 120 calendar days +  +   (b)   An application must be completed in full before it can be invoiced. An +application will not be processed, and the date and venue will not be confirmed +until the application processing fee has been paid. Submission of a complete +application does not guarantee a special event permit will be issued. All +requirements must be met prior to permit issuance. +   (c)   Upon receipt of the completed application, the director shall forward +a copy of the application to all applicable city departments and partner +agencies for review. If the application must be reviewed for public safety, +public safety agencies will review the application first, followed by a review +by city departments and partner agencies. If any part of the scheduled activity +is to be held on or adjacent to property that is exempt from this chapter under +Section +42A-5, the director shall also include the entity that manages or controls the +exempt property in the review of the application. Each department and partner +agency shall review the application and return it, with any comments, to the +director within 10 business days of receipt of the request requiring a +response. If no response is received, the director may proceed with permitting, +however, if an application requires a public safety review, the director must +wait for the public safety review response before proceeding. If any department +denies the application, or a resolution cannot be reached, the permit will be +denied. +   (d)   If the proposed scheduled activity will be held on private property +and the applicant does not own the property, the applicant shall obtain the +written consent of the property owner to conduct the scheduled activity on the +property with the authorization including the date and time of the scheduled +activity. The written consent must be submitted at the time of application. The +applicant shall present the written consent to the director or any peace +officer upon request. +   (e)   The director may cancel a special event permit application if: +      (1)   a special event permit has been granted or is in the review process +for another special event at the same or a nearby place and the same time; +      (2)   an established special event is customarily held at the same or a +nearby place and the same time as the proposed special event; +      (3)   the proposed special event will occupy any part of a freeway, +expressway, or tollway; +      (4)   the proposed special event will unreasonably disrupt the orderly +flow of traffic, and no reasonable means of rerouting traffic or otherwise +meeting traffic needs is available; +      (5)   the proposed special event cannot comply with high impact area +parameters; +      (6)   the applicant makes a false statement of material fact on an +application for a special event permit or fails to properly complete an +application for a special event permit; +      (7)   the applicant received within the preceding 14 months, two or more +notices of violation or citations related to a provision of a special event +permit or this chapter; +      (8)   the applicant has conducted or sponsored one or more special events +within the city on at least 60 days of the same calendar year during which the +proposed special event is to be held; or +      (9)   the applicant has a history of conducting or sponsoring special +events in a disorderly, unsafe, unsanitary, or fiscally irresponsible manner. +   (f)   If the director determines that an application requires additional +information in order to make a decision, or if additional fees will be required +to process the application, the application will be considered incomplete and +cancelled if the applicant does not supply the additional information or fees +after the director has sent two reminder emails and made one reminder phone +call after a period of 10 calendar days without a response from the applicant. +   (g)   If the director determines that an applicant has failed to pay any +outstanding fees assessed under Section +42A-6 of this chapter for the proposed scheduled activity or a past scheduled +activity, the application will be deemed incomplete and the application will be +cancelled. An application that has been cancelled under this subsection cannot +be re-filed for 12 months. +   (h)   If the applicant makes major changes to the original submission of an +application, after the five- month courtesy review, this will result in the +original permit application being deemed incomplete and cancelled. A revised +permit application will be required, along with new application processing fees +if the applicant wishes to pursue the application. +   (i)   An application that has been cancelled because it is incomplete cannot +be appealed under Section +42A-8 and all application processing fees are forfeited. +   (j)   After reviewing and confirming all permit requirements have been met, +the director shall issue the special event permit unless denial or revocation +is required by Section +42A-20. Except as provided in this subsection, a special event permit will be +issued for a period not to exceed 10 consecutive days. A special event permit +for a city-sponsored event on city hall plaza will be issued for a period not +to exceed 30 consecutive days. Except as provided in this subsection, a special +event permit may be extended for additional consecutive 10-day periods not to +exceed 60 days in a calendar year. Except as provided in this subsection, all +applicable fees must be paid for any permit extensions. A special event permit +issued under the temporary parklet program may be extended for additional +consecutive 10-day periods until February 28, 2022. No fees are required for +extension of a special event permit issued under the temporary parklet program. +   (k)   In granting a permit, the city may provide city services and equipment +for city-sponsored activities and other events in accordance with the city's +special event in-kind sponsorship guidelines and subject to approval of the +city manager. +   (l)   Special event permits issued under the temporary parklet program may +not be extended beyond February 28, 2022. (Ord. Nos. 18702; 19312; 19869; +20612; 21934; 22026; 23694; 24554; 26136; 27697; 28126; 28424; 30239; 30654; +31144; 31557; 31708; 31841; 32017) +SEC. 42A-13.   SECURITY; CROWD CONTROL; AND TRAFFIC CONTROL. +   (a)   An applicant for a special event permit shall provide police officers +for security, crowd control, and traffic control at the special event in +accordance with Subsection (b) and the following schedule: +  +Number of Participants and Spectators Minimum Number of Police Officers +at Special Event Required* +0 to 250 0 or 2 +251 to 1,500 2 - 4 +1,501 to 3,000 4 - 6 +3,001 to 5,000 6 - 15 + 15 plus 1 police officer for every 1,000 +over 5,000 participants and spectators over 5,000 + at the special event +  +* The minimum number of officers in the above table may vary depending on the +scope of the event, the sale or service of alcohol, on-stage talent, event +geography, historical knowledge of the event, police intelligence, and any +other factor that is determined to impact public safety. +   (b)   The director, upon recommendation from the chief of the Dallas police +department, may require a number of police officers, in addition to those +required in Subsection (a), if: +      (1)   any alcoholic beverage is sold, served, or otherwise made available +at the special event; +      (2)   special needs for increased security, crowd control, or traffic +control are created by: +         (A)   the topography or size of the special event location; +         (B)    weather conditions at the special event; or +         (C)   the time of day during which the special event is conducted; +      (3)   the special event requires street closures or rerouting of +vehicular or pedestrian traffic; or +      (4)   the history of the particular special event indicates that a +greater number of police officers are required to protect the public health, +safety, and welfare. +   (c)   The police officers required to be provided at a special event by this +section must be sworn members of the Dallas police department, except that the +chief of the Dallas police department may authorize a special event applicant +or permit holder to provide peace officers from other jurisdictions or entities +if the chief determines that an insufficient number of Dallas police officers +will be available for a particular special event. Off-duty jobs for Dallas +police officers at a special event must comply with the Dallas Police +Department General Orders and Code of Conduct. +   (d)   A permit holder must provide the name, phone number, and email address +of an individual who will be available following submission of an application +through the end of the event, as well as at the special event site the day of +the special event, to respond to any questions or concerns from police officers +or code compliance officers. This individual shall meet police officers or code +enforcement officers at the special event site within one hour of being +contacted by telephone or email. +   (e)   If the police department requires a traffic control plan in +conjunction with a special event, the plan must be submitted in the standard +format approved by the director. +   (f)   A traffic control plan required by Subsection (e) must receive +approval from applicable city departments. (Ord. 31144) +SEC. 42A-14.   EMERGENCY MEDICAL SERVICES. +   (a)   An applicant for a special event permit shall provide, in accordance +with Subsection (b) and the following schedule, emergency medical personnel and +emergency medical vehicles to perform first aid and emergency medical services +at the special event as required in the preliminary letter: +  +NUMBER OF EMERGENCY MEDICAL PERSONNEL/VEHICLES REQUIRED +(based on estimated total attendance and scope of the special event) +Type of +Emergency 1 - 100 101 - 3,000 3,001 - 5,000 5,001 - Over 25,000 +Medical participants/ participants/ participants/ 25,000 participants/ +Personnel spectators spectators spectators participants/ spectators +or Vehicle spectators +Required +Paramedics 0 2 6 8 14 +EMS 0 1 1 3 5 +Supervisors +Emergency +Medical 0 1 1 4 7 +Vehicles +  +The fire chief may determine, based on the event scope, special needs, or +risks, that emergency medical services will be provided via the 911 emergency +response system. +   (b)   The director, upon recommendation of the chief of the Dallas fire- +rescue department, may require a number of emergency medical personnel and +emergency medical vehicles, in addition to those required in Subsection (a), +if: +      (1)   any alcoholic beverage is sold, served, or otherwise made available +at the special event; +      (2)   special needs for increased emergency medical services are created +by: +         (A)   the topography or size of the special event location; +         (B)   weather conditions at the special event; or +         (C)   the time of day during which the special event is conducted; +      (3)   the special event requires street closures or rerouting of +vehicular or pedestrian traffic that may affect emergency access to the special +event; +      (4)   the special event involves specific activities that create a higher +risk of illness or injury to persons participating in or attending the event, +including but not limited to rodeos, sporting or athletic events, events +involving motor vehicles, or marathons; or +      (5)   the history of the particular special event indicates that a +greater number of emergency medical personnel or emergency medical vehicles are +required to protect the public health, safety, and welfare. +   (c)   The emergency medical personnel required to be provided at a special +event by this section must be sworn members of the Dallas fire-rescue +department, except that the chief of the Dallas fire-rescue department may +authorize a special event applicant or permit holder to provide emergency +medical personnel from other jurisdictions or entities if the chief determines +that an insufficient number of Dallas fire-rescue officers will be available +for a particular special event. Off-duty jobs for Dallas fire-rescue officers +at a special event must comply with the Dallas Fire-Rescue Rules and +Regulations. (Ord. 31144) +SEC. 42A-15.   INSURANCE. +   (a)   An applicant for a permit to hold a special event in which the +estimated number of participants and spectators exceeds 2,500 for any day of +the event shall procure and keep in full force and effect for the duration of +the event insurance written by an insurance company approved by the State of +Texas and acceptable to the city and issued in the standard form approved by +the Texas Department of Insurance. All provisions of each policy must be +acceptable to the city. Each policy must name the city and its officers, +employees, and appointed representatives as additional insureds. The coverage +provisions of each policy must provide coverage for any loss or damage that may +arise to any person or property by reason of the conduct of the special event +by the applicant. +   (b)   Insurance is required in the following types and amounts: +      (1)   Commercial general liability insurance must be provided with +combined single limits of liability for bodily injury and property damage of +not less than: +         (A)   $500,000 for each occurrence, for an estimated daily number of +participants and spectators of 2,501 to 4,999; or +         (B)   $1,000,000 for each occurrence, for an estimated daily number of +participants and spectators of 5,000 or more. +      (2)   If a special event includes vehicles, aircraft, or other equipment, +devices, or activities that are excluded from coverage in the commercial +general liability insurance policy required in Paragraph (1) of this +subsection, then separate additional liability insurance coverage for the +applicable exclusion must be provided by the applicant or the aircraft provider +with combined single limits of liability for bodily injury and property damage +of not less than: +         (A)   $500,000 for each occurrence, for an estimated daily number of +participants and spectators of 2,501 to 4,999; or +         (B)   $1,000,000 for each occurrence, for an estimated daily number of +participants and spectators of 5,000 or more. +      (3)   If any alcoholic beverage is sold, served, or otherwise made +available at the special event, then separate additional liquor liability +insurance must be provided by the alcoholic beverage license holder in an +amount of not less than $1,000,000 for each claim. +      (4)   If any fireworks, pyrotechnics, explosives, or other special +effects are displayed at the special event, then separate additional general +liability insurance must be provided by the pyrotechnics company in an amount +of not less than $3,000,000 for each claim. +      (5)   If security guards (other than Dallas police officers or city +staff) are used at the special event, then separate additional security guard +liability insurance must be provided by the security guard company in an amount +of not less than $1,000,000 for each claim. +      (6)   If emergency response or first aid stations (other than stations +staffed by only Dallas fire-rescue officers or city staff) are provided at the +special event, then separate additional medical liability insurance must be +provided by the applicant in an amount of not less than $1,000,000 for each +claim, and if ambulance service (other than service provided by Dallas fire- +rescue officers and vehicles) is provided, then separate additional automobile +liability insurance must be provided by the emergency response or ambulance +provider in an amount of not less than $1,000,000 combined single limit for +each claim. +      (7)   If amusement rides are provided at the special event, proof of +separate additional general liability insurance meeting the state liability and +coverage requirements for each particular ride must be provided by the +applicant or the amusement ride provider, along with a current certificate of +inspection for each ride. +      (8)   If animals are part of the special event, then separate additional +general liability insurance covering any bodily injury and property damage +caused by animals must be provided by the applicant or the animal provider in +an amount of not less than $500,000 for each claim. +      (9)   If the special event is conducted at a city-owned facility, general +liability insurance must be provided by the applicant in an amount of not less +than $500,000 for each claim. +   (c)   In addition to the insurance requirements of Subsection (b) of this +section, the director may require additional insurance for a special event if +such additional insurance is recommended by the city's risk manager as being +necessary for the protection of the city or the public health, safety, and +welfare. +   (d)   If a facility or other property owned or managed by the city is +subject to both the insurance requirements of this chapter and insurance +requirements established by another city ordinance, an official city action, a +city lease or use agreement, or other applicable law, then the insurance +requirements with the greater limits and coverages must be met to conduct the +special event at the facility or property. +   (e)   An original certificate of insurance completed by an authorized agent +of the insurance company and evidencing each insurance coverage required under +this section must be delivered to the director at least 15 days before the +special event begins. +   (f)   A special event permit will not be issued until the insurance +requirements have been verified by the city's third-party provider. (Ord. +31144) +SEC. 42A-16.   STREET CLOSURES. +   (a)   Street closures require approval from applicable partner agencies and +city departments. +   (b)   A permit holder must provide notice of street closures in accordance +with Section +42A-18. +   (c)   The police department may require a traffic control plan at the +expense of the applicant. If a traffic control plan is required, it must follow +the standard format approved by the director and be approved by the city prior +to permit issuance. +   (d)   All traffic apparatus required to fulfil a traffic control plan must +be acquired at the applicant's expense. +   (e)   The director may require accommodations if a proposed street closure +will restrict access to public or private parking, residences, businesses, or +places of worship. (Ord. 31144) +SEC. 42A-17.   PARKING. +   (a)   A complete parking plan must be submitted with each special event +application. The director may waive this requirement for special events with an +expected total attendance of less than 250. +   (b)   The parking plan must demonstrate that adequate parking will be +available to accommodate the expected total attendance. +   (c)   The parking plan must be approved prior to the issuance of a special +event permit. +   (d)   Meter hooding and no parking zones in connection with a special event +must be limited to the shortest time feasible. "No parking" signs must be +posted a minimum of 24 hours in advance of the special event and follow a +standard format approved by the director. +   (e)   When the main use of the property is open for business and the +designated parking is to be activated as part of the event space, the applicant +must demonstrate that provisions have been made to provide remote parking in an +amount that is adequate to replace the parking spaces being utilized as part of +the event space. +   (f)   When activating an event in a multi-tenant parking lot, and when the +tenants are open for business, not more than 25 percent of the total area of +the shared available parking may be activated for the permitted activity. +   (g)   When restricting public or private parking, including handicapped +accessible parking, the applicant must provide adequate alternate parking. +(Ord. 31144) +SEC. 42A-18.   NOTICE. +   (a)   An applicant for a permit under this chapter shall deliver notice at +the applicant's expense. The director will determine the most appropriate +method of notification according to the following table: +NOTIFICATION REQUIREMENTS +COMMUNICATION TYPES NO STREET CLOSURE STATIC CLOSURE EVENTS MOVING EVENTS +NOTIFICATION REQUIREMENTS +COMMUNICATION NO STREET STATIC CLOSURE EVENTS MOVING EVENTS +TYPES CLOSURE +Notifications +are NOT required +for outdoor +events with an +expected X Simple Moderate Complex Simple Moderate Complex +attendance of +250 or fewer +people and with +no street/lane +closures. +Neighborhood/ +Residential +based events: +notify all +owners and +occupants of +real property +abutting the +event area and +all those +impacted by the +event a minimum +of 15 days prior +to the event +date utilizing a +minimum of two +of the following +communication X X X X X X +methods: email +distribution; +electronic +notification +through web app. +e.g. NextDoor; +yard signs along +the event +footprint; +posting in a +neighborhood +association/PTA/ +PTO newsletter +and/or social +media page; hand +delivered; or +mailed. +Deliver written +notice to all +owners and +occupants of +real property +abutting the +event area and +all those X X +impacted by the +event a minimum +of 30 days prior +to the event +date (mail, hand +delivered, or +door hanger). +Deliver written +notice to all +owners and +occupants of +real property +abutting the +event area and +all those +impacted by the X X X X X X +event a minimum +of 15 days prior +to the event +date (mail, hand +delivered, or +door hanger). +Zone specific +communication +pieces apply. +Direct +communication +and notification +is required via +in-person or +phone and a +follow-up email +to all major +employers; +multi-family X X X X X +housing; places +of worship; and +neighborhood +associations +abutting the +event area and +all those +impacted by the +event. +Contact Waze, +Google etc. to +request street X X X +closures be +posted. +Council members +are encouraged +to post district X X X X X X X +specific event +details to +social media. +Council members +are encouraged +to distribute +district +specific street X X X X X X +closure details +to stakeholders +from OSE weekly +report. +Develop targeted +(zone specific) +communication. +Utilize digital +neighborhood +based platforms +and available X X X +databases to +communicate +street closures +specific to +neighborhoods +and business +zones impacted. +Develop targeted +(zone specific) +communication. +Provide OSE a +final +communication +piece to +distribute to X X X X +community +stakeholders +through the City +Council Office +and OSE +(available +database). +OSE to create +and distribute a X X +Traffic +Advisory. +OSE to create +and distribute a +City Hall +Announcement for +all City Hall X X X +Plaza permitted +events and all +events that +impact city hall +garage access. +OSE to post +event to web +calendar with +hyperlink to +event website X X X X X X X +for maps, street +closures, +rerouting +information etc. +Provide +communication +piece to be +distributed by X X X X X X +OSE through OSE +email database +(to be +developed). +  +The director will determine the specific notification requirements based on a +variety of factors including but not limited to: event size, dates, times, +footprint, anticipated impact, and historical knowledge of the event. +   (b)   Notice must include any information that is required to be provided in +the template approved by the director prior to distribution. (Ord. Nos. 18702; +19869; 21934; 31144) +SEC. 42A-19.   PORTABLE RESTROOM AND TRASH RECEPTACLE REQUIREMENTS. +   (a)   An applicant for a special event permit shall provide portable +restrooms and trash receptacles at the special event in accordance with +Subsection (b) and the following table: +MINIMUM NUMBER OF RESTROOM UNITS AND TRASH RECEPTACLES REQUIRED +EXPECTED ATTENDANCE HOURS OF EVENT + 1 2 3 4 5 6 7 8 9 10 +MINIMUM NUMBER OF RESTROOM UNITS AND TRASH RECEPTACLES REQUIRED +EXPECTED ATTENDANCE HOURS OF EVENT + 1 2 3 4 5 6 7 8 9 10 +500 - 599 2 4 4 5 6 7 9 9 10 12 +600 - 699 2 4 5 6 7 7 9 10 11 12 +700 - 799 3 5 6 6 7 8 10 10 11 12 +800 - 899 3 5 6 7 8 8 10 11 12 13 +900 - 999 4 6 7 7 8 9 11 11 12 13 +1,000 - 1,999 4 6 8 8 9 9 11 12 13 13 +2,000 - 2,999 5 6 9 12 14 16 18 20 23 25 +3,000 - 3,999 6 9 12 16 20 24 26 30 34 38 +4,000 - 4,999 8 13 16 22 25 30 35 40 45 50 +5,000 - 5,999 12 15 20 25 31 38 44 50 56 63 +6,000 - 6,999 13 17 24 30 37 45 53 60 67 75 +7,000 - 7,999 13 19 27 35 44 53 62 70 79 88 +8,000 - 8,999 14 21 31 40 50 60 70 80 90 100 +9,000 - 9,999 14 23 34 45 57 68 79 90 102 113 +10,000 - 14,999 15 25 38 50 63 75 88 100 113 125 +15,000 - 19,999 20 38 56 75 94 113 131 150 169 188 +20,000 - 24,999 25 50 75 100 125 150 175 200 225 250 +25,000 - 29,999 38 69 99 130 160 191 221 252 282 313 +30,000 - 34,999 46 82 119 156 192 229 266 302 339 376 +35,000 - 39,999 53 96 139 181 224 267 310 352 395 438 +40,000 - 44,999 61 109 158 207 256 305 354 403 452 501 +45,000 - 49,999 68 123 178 233 288 343 398 453 508 563 +50,000 - 54,999 76 137 198 259 320 381 442 503 564 626 +55,000 - 59,999 83 150 217 285 352 419 486 554 621 688 +60,000 - 64,999 91 164 237 311 384 457 531 604 677 751 +65,000 - 69,999 98 177 257 336 416 495 575 654 734 813 +70,000 - 74,999 106 191 277 362 448 533 619 704 790 876 +75,000 - 79,999 113 205 296 388 480 571 663 755 846 938 +80,000 - 84,999 121 218 316 414 512 609 707 805 903 1001 +85,000 - 89,999 128 232 336 440 544 647 751 855 959 1063 +90,000 -94,999 136 246 356 466 576 686 796 906 1016 1126 +95,000 - 99,999 143 259 375 491 607 724 840 956 1072 1188 +100,000 or more 151 273 395 517 639 762 884 1006 1128 1251 +  +   (b)   The director may require additional restroom units if: +      (1)   the estimated number of participants and spectators exceeds 100,000 +during any day of the special event; +      (2)   the estimated duration of the special event exceeds 10 hours on any +day of the event; +      (3)   any alcoholic beverage is sold, served, or otherwise made available +at the special event; or +      (4)   the history of the particular special event indicates that a +greater number of portable restroom units are required for the public health, +safety, and welfare. +   (c)   At least five percent of the portable restrooms required by this +section must comply with the Americans With Disabilities Act of 1990, 42 U.S.C. +Section 12101, et seq. +   (d)   The director may reduce restroom requirements with written +confirmation that restrooms will be serviced during the permitted event. (Ord. +Nos. 26136; 31144) +SEC. 42A-20.   DENIAL OR REVOCATION. +   (a)   The director shall deny a special event permit if: +      (1)   the applicant fails to meet any of the requirements outlined and +defined in the preliminary letter; +      (2)   the applicant fails to provide proof that the applicant possesses +or is able to obtain a license or permit required by another city ordinance or +other applicable law for the conduct of all activities included as part of the +special event; +      (3)   the applicant has had a special event permit revoked within the +preceding 14 months; +      (4)   the applicant has received, within the preceding 14 months, two or +more notices of violation or citations related to a provision of a special +event permit or this chapter; +      (5)   the chief of the police department, the chief of the fire-rescue +department, or the director determines that the special event would pose a +serious threat to the public health, safety, or welfare; +      (6)   the applicant or any other person responsible for the conduct or +sponsorship of the special event is overdue in payment to the city of taxes, +fees, fines, or penalties assessed against or imposed upon the applicant or +other person; +      (7)   the applicant has a history of conducting or sponsoring special +events in a disorderly, unsafe, unsanitary, or fiscally irresponsible manner; +      (8)   the director is notified of any code violation on the property +where the special event will be held; or +      (9)   an event will interfere with the rights of nearby residents to the +quiet, peaceable, and undisturbed enjoyment of their property. +   (b)    The director shall revoke a special event permit if: +      (1)   the applicant fails to comply with or the special event is in +violation of any provision of the special event permit, a city ordinance, or +any other applicable law; +      (2)   the permit holder made a false statement or omission of material +fact on an application for a special event permit; +      (3)   the chief of the police department, the chief of the fire-rescue +department, or the director determines that the special event poses a serious +threat to the public health, safety, or welfare; +      (4)   the permit holder fails to maintain public order in and around the +special event location; +      (5)   the permit holder failed to pay any outstanding fees assessed under +Section +42A-6 of this chapter for the proposed special event or for a past special +event; +      (6)   the director is notified that the permit holder or any other person +responsible for the conduct or sponsorship of the special event is overdue in +payment to the city of taxes, fees, fines, or penalties assessed against or +imposed upon the permit holder or other person; or +      (7)   the director is notified of any code violations on the property +where the special event will be held. (Ord. 31144) +ARTICLE III. +NEIGHBORHOOD MARKET. +SEC. 42A-21.   APPLICATION; ISSUANCE. +   (a)   A person desiring to hold a neighborhood market shall submit an online +application with the office of special events. An application must be filed not +less than 30 business days before the neighborhood market is to begin. The +director may waive the filing requirement if the application is submitted +within five days of the submission due deadline and the application can be +processed in less than the number of calendar days required, taking into +consideration the number and types of additional licenses and permits that may +be required to be issued in conjunction with the neighborhood market permit and +the extent of public safety, department, or agency review required based on the +scope of the market. An activity that qualifies for a neighborhood market +permit under this article is not required to obtain a special event permit +under Article II of this chapter. +   (b)   An application must be completed in full before it can be invoiced. An +application will not be processed, and the date and venue will not be confirmed +until the application processing fee has been paid. Submission of a complete +application does not guarantee a neighborhood market permit will be issued. All +requirements must be met prior to permit issuance. +   (c)   If the director determines that an application requires additional +information in order to make a decision, or if additional fees will be required +to process the application, the application will be considered incomplete and +cancelled if the applicant does not supply the additional information or fees +after the director has sent two reminder emails and made one reminder phone +call after a period of 10 business days without a response from the applicant. +   (d)   Upon receipt of the completed application, the director shall forward +a copy of the application to all applicable city departments and partner +agencies for review. If the application must be reviewed for public safety, +public safety agencies will review the application first, followed by a review +by city departments and partner agencies. If any part of the scheduled activity +is to be held on or adjacent to property that is exempt from this chapter under +Section +42A-5, the director shall also include the entity that manages or controls the +exempt property in the review of the application. Each department and partner +agency shall review the application and return it, with any comments, to the +director within 10 business days of receipt requiring a response. If no +response is received, the director may proceed with permitting; however, if an +application requires a public safety review, the director must wait for the +public safety review response before proceeding. If any department denies the +application, or a resolution cannot be reached, the permit will be denied. +   (e)   If the proposed neighborhood market will be held on private property +and the applicant does not own the property, the applicant shall obtain the +written consent of the property owner to conduct the neighborhood market on the +property with the authorization including the dates and times of the +neighborhood market. The written consent must be submitted at the time of +application. The applicant shall present the written consent to the director or +any peace officer upon request. +   (f)   The director shall cancel a neighborhood market permit application if: +      (1)   a neighborhood market permit has been granted or is in the review +process for another neighborhood market at the same or a nearby place and the +same time. +      (2)   an established neighborhood market is customarily held at the same +or a nearby place and the same time as the proposed neighborhood market. +      (3)   the proposed neighborhood market will occupy any part of a freeway, +expressway, or tollway. +      (4)   the proposed neighborhood market will unreasonably disrupt the +orderly flow of traffic, and no reasonable means of rerouting traffic or +otherwise meeting traffic needs is available. +      (5)   the proposed neighborhood market cannot comply with high impact +parameters. +      (6)   the applicant makes a false statement of material fact on an +application for a neighborhood market permit or fails to properly complete an +application for a neighborhood market permit. +      (7)   the applicant had a neighborhood market permit revoked within the +preceding 14 months. +      (8)   the applicant has received, within the preceding 14 months, two or +more notices of violations or citations related to a provision of a +neighborhood market permit or this chapter. +      (9)   the applicant has a history of conducting or sponsoring +neighborhood markets in a disorderly, unsafe, unsanitary, or fiscally +irresponsible manner. +   (g)   If the director determines that an applicant has failed to pay any +outstanding fees assessed under Section +42A-6 of this chapter for the proposed scheduled activity or a past scheduled +activity, the application will be deemed incomplete and the application will be +cancelled. An application that has been cancelled under this subsection cannot +be re-filed for 12 months. +   (h)   If the applicant makes major changes to the original submission of an +application, this will result in the original permit application being +cancelled. A revised permit application will be required, along with new +application processing fees if the applicant wishes to pursue the application. +   (i)   An application that has been cancelled because it is incomplete cannot +be appealed under Section +42A-8 and all application processing fees are forfeited. +   (j)   After reviewing the application and confirming all permit requirements +have been met, the director shall issue the permit unless denial is required by +Section +42A-35. A neighborhood market permit expires one year after issuance and may +only be issued for 46 nonconsecutive days in a year. (Ord. 31144) +SEC. 42A-22.   LOCATION OF A NEIGHBORHOOD MARKET. +   (a)   A neighborhood market may not be conducted: +      (1)   in the central business district; +      (2)   in a single family, duplex, or townhouse zoning district as defined +in the Dallas Development Code, except if the location has a valid certificate +of occupancy for a non-residential use or by a waiver granted by the director +in accordance with subsection (b); +      (3)   within one mile of another neighborhood market permitted under this +chapter that has the same or overlapping operating dates and times; +      (4)   at any location where one or more neighborhood markets have already +been conducted a total of 28 days during the particular calendar year; +      (5)   at any location other than the one listed in the permit +application; +      (6)   at a public park; or +      (7)   on a sidewalk. +   (b)   The director may grant a waiver to subsection (a)(2) if the director +finds that there will be no adverse impact on the surrounding neighborhood. +(Ord. Nos. 31144; 32213) +SEC. 42A-23.   OPERATION OF A NEIGHBORHOOD MARKET. +   (a)   A neighborhood market must operate a minimum of 12 days in a calendar +year at the same location, but may not be operated more than 46 days at the +same location in a calendar year and may not be operated on consecutive days. +   (b)   A neighborhood market may only be operated between the hours of 8 a.m. +and 10 p.m. on any day of the week. +   (c)   The neighborhood market may only be operated in accordance with the +schedule filed with the director at the time of permit application. An +amendment to the schedule may be approved by the director during the calendar +year. An amendment request and the required change fee must be received by the +director at least 15 days before implementing any changes. Date changes do not +constitute a major change. +   (d)   Except as provided in this subsection, no more than 75 vendors may +participate in a neighborhood market. Two of the 46 market days may be +designated as holiday or specialty markets, and as such, will be allowed up to +100 vendors. A current vendor list must be on file with the office of special +events. Changes or additions to this vendor list may be made throughout the +year. Current vendor fees will be assessed with each submission. No change fees +will apply. +   (e)   Each stall area used by a vendor may not exceed 10 feet by 15 feet. +   (f)   All litter, tents, stalls, food, merchandise, and other evidence of +the neighborhood market must be removed from the premises at the end of each +market day. +   (g)   A permit holder must provide the name, phone number, and email address +of an individual who will be available following submission of an application +through the end of the neighborhood market, as well as at the neighborhood +market site the day of the neighborhood market, to respond to any questions or +concerns from police officers or code compliance officers. This individual +shall meet police officers or code enforcement officers at the neighborhood +market site within one hour of being contacted by telephone or email. (Ord. +31144) +SEC. 42A-24.   STREET CLOSURES. +   (a)   Street closures are limited to one block with no intersections. +   (b)   Street closures require approval from applicable partner agencies and +city departments. +   (c)   A permit holder must provide notice of street closures in accordance +with Section +42A-18. +   (d)   The police department may require a traffic control plan at the +expense of the applicant. If a traffic control plan is required, it must follow +the standard format approved by the director and be approved by the city prior +to permit issuance. +   (e)   All traffic apparatus required to fulfill a traffic control plan must +be acquired at the applicant's expense. +   (f)   The director may require accommodations if a proposed street closure +will restrict access to public or private parking, residences, businesses, or +places of worship. (Ord. 31144) +SEC. 42A-25.   PARKING. +   (a)   A complete parking plan must be submitted with each neighborhood +market application. The director may waive this requirement for neighborhood +markets with an expected total attendance of less than 250. +   (b)   The parking plan must demonstrate that adequate parking will be +available to accommodate the expected total attendance. +   (c)   The parking plan must be approved prior to the issuance of a +neighborhood market permit. +   (d)   Meter hooding and no parking zones in connection with a neighborhood +market must be limited to the shortest time feasible. "No parking" signs must +be posted a minimum of 24 hours in advance of the neighborhood market and +follow a standard format approved by the director. +   (e)   When the main use of the property is open for business and the +designated parking is to be activated as part of the neighborhood market space, +the applicant must demonstrate that provisions have been made to provide remote +parking in an amount that is adequate to replace the parking spaces being +utilized as part of the neighborhood market space. +   (f)   When activating neighborhood market in a multi-tenant parking lot, and +when the tenants are open for business, not more than 25 percent of the total +area of the shared available parking may be activated for the permitted +activity. (Ord. 31144) +SEC. 42A-26.   PRODUCTS AT A NEIGHBORHOOD MARKET. +   (a)   Products that may be sold at a neighborhood market include, but are +not limited to, the following: +      (1)   Fruits, vegetables, honey, eggs, nuts, herbs, and mushrooms. +      (2)   Meats. +      (3)   Dairy products. +      (4)   Prepared foods, including but not limited to baked goods, packaged +foods, and oils. +      (5)   Arts and crafts, including but not limited to jewelry, candles, +natural skin care products, soaps, art, knitting, quilts, and pottery. +      (6)   Garden items, including but not limited to plants, flowers, and +soil. +   (b)   At least 30 percent of the vendors participating in a neighborhood +market must sell produce or other food items. +   (c)   All products distributed, offered for sale, or sold at a neighborhood +market must have been raised, grown, made, crafted, processed, or produced by +the vendor in a Texas county completely or partially located within a 150-mile +radius of Dallas County, except that the 150-mile radius requirement does not +apply to produce or other food items determined by the director to be +unavailable from vendors in the radius area. +   (d)   No products may be offered for resale. +   (e)   Live animals may not be distributed, offered for sale, or sold at a +neighborhood market. (Ord. 31144) +SEC. 42A-27.   VENDOR'S STATEMENT. +   (a)   Each calendar year before vending at a neighborhood market, a vendor +shall sign and provide the permit holder with a written statement that: +      (1)   all products to be distributed, offered for sale, or sold at the +neighborhood market have been raised, grown, made, crafted, processed, or +produced by the vendor in a Texas county completely or partially located within +a 150-mile radius of Dallas County, except that the 150-mile radius requirement +does not apply to produce or other food items determined by the director to be +unavailable from vendors in the radius area; and +      (2)   no product is being offered for resale. +   (b)   The permit holder shall maintain a vendor statement for each vendor +operating at the neighborhood market and shall present the vendors' statements +to the director or any peace officer upon request. (Ord. 31144) +SEC. 42A-28.   DENIAL OR REVOCATION. +   (a)   The director shall deny a neighborhood market permit if: +      (1)   the proposed neighborhood market will be located within one mile of +another neighborhood market permitted under this chapter that has the same or +overlapping operating dates and times; +      (2)   the proposed neighborhood market will unreasonably disrupt the +surrounding areas or the orderly flow of traffic, and no reasonable means of +rerouting traffic or otherwise meeting traffic needs is available; +      (3)   the applicant fails to adequately provide for: +         (A)   the protection of the vendors and attendees at the neighborhood +market; +         (B)   maintenance of public order in and around the neighborhood +market location; +         (C)   crowd security, taking into consideration the size of the +neighborhood market; or +         (D)   emergency vehicle access. +      (4)   the applicant fails to comply with or the proposed neighborhood +market will violate a city ordinance or other applicable law, unless the +prohibited conduct or activity would be allowed under this article; +      (5)   the applicant makes a false statement of material fact on an +application for a neighborhood market permit or fails to properly complete an +application for a neighborhood market permit; +      (6)   the applicant has had a neighborhood market permit revoked within +the preceding 14 months; +      (7)   the applicant or a vendor at the applicant's neighborhood market +has received, within the preceding 14 months, two or more notices of violations +or citations related to a provision of a neighborhood market permit or this +chapter; +      (8)   a neighborhood market has been conducted at the location of the +proposed neighborhood market on at least 40 days during the same calendar year +in which the proposed neighborhood market is to be conducted; +      (9)   the chief of the police department, the chief of the fire-rescue +department, or the director determines that the neighborhood market would pose +a serious threat to the public health, safety, or welfare; +      (10)   the applicant or any other person responsible for the conduct or +sponsorship of the neighborhood market is overdue in payment to the city of +taxes, fees, fines, or penalties assessed against or imposed upon the applicant +or other person or the applicant fails to pay any outstanding fees assessed +under Section +42A-6 for the proposed neighborhood market or for a past neighborhood market; +or +      (11)   the applicant has a history of conducting or sponsoring a +neighborhood market in a disorderly, unsafe, unsanitary, or fiscally +irresponsible manner. +   (b)   The director shall revoke a neighborhood market permit if: +      (1)   the permit holder failed to comply with or the neighborhood market +is in violation of any provision of the neighborhood market permit, a city +ordinance, or any other applicable law; +      (2)   the permit holder made a false statement of material fact on an +application for a neighborhood market permit or failed to properly complete an +application for a neighborhood market permit; +      (3)   the chief of the police department, the chief of the fire-rescue +department, or the director determines that the neighborhood market poses a +serious threat to the public health, safety, or welfare; +      (4)   the permit holder failed to pay any outstanding fees assessed under +Section +42A-6 of this chapter for the proposed neighborhood market or for a past +neighborhood market; +      (5)   the permit holder or any other person responsible for the conduct +or sponsorship of the neighborhood market is overdue in payment to the city of +taxes, fees, fines, or penalties assessed against or imposed upon the permit +holder or other person; +      (6)    the applicant fails to provide proof that the applicant possesses +or is able to obtain a license or permit required by another city ordinance or +other applicable law for the conduct of all activities included as part of the +neighborhood market; or +      (7)   the director is notified of any code violations on the property +where the neighborhood market will be held. (Ord. 31144) +ARTICLE IV. +DALLAS STREET SEATS PROGRAM. +SEC. 42A-28.1.   ESTABLISHMENT OF RULES AND REGULATIONS. +   (a)   The director shall publish a guidebook entitled Dallas Street Seats +Pilot Program Guidebook on the office of special events website. +   (b)   Before adopting, amending, or abolishing a rule, the director shall +hold a public hearing on the proposal. +   (c)   The director shall fix the time and place of the hearing and, in +addition to notice required under the Open Meetings Act (Chapter 551, Texas +Government Code), as amended, shall notify each street seats permit holder and +such other persons as the director determines are interested in the subject +matter of the hearing. +   (d)   After the public hearing, the director shall notify all street seats +permit holders and other interested persons of the director's action and shall +post an order adopting, amending, or abolishing a rule on the official bulletin +board in city hall for a period of not fewer than 10 days. The order becomes +effective immediately upon expiration of the posting period. (Ord. 31708) +SEC. 42A-28.2.   APPLICATION; ISSUANCE. +   (a)   A person desiring to host a street seat shall submit an online +application with the office of special events. A complete application must be +filed a minimum of 90 days before the proposed street seat opening date or a +minimum of 60 days before the proposed construction start date. A Phase II +permit issued under the street seats program will expire two years after +issuance. An applicant may apply for a new Phase II permit 60 days before the +expiration date listed on the permit. All Phase II permit processing fees +apply. +   (b)   An application must be completed in full before it can be invoiced. +The application review process will not begin until the application processing +fee has been paid. Submission of a complete application does not guarantee a +street seats permit will be issued. All requirements must be met prior to +permit issuance. Applications are processed on a first come first serve basis. +   (c)   An applicant shall provide a $1,000 refundable bond to secure removal +of the street seat prior to issuance of the Phase I permit. The bond will be +refunded upon removal of the street seat to the satisfaction of the city. +   (d)   If the director determines that an application requires additional +information in order to make a decision, or if additional fees will be required +to process the application, the application will be considered incomplete and +cancelled if the applicant does not supply the additional information or fees +after the director has sent two reminder emails and made one reminder phone +call after a period of 10 calendar days without a response from the applicants. +   (e)   If the director determines that an applicant has failed to pay any +outstanding fees assessed under Section +42A-6 of this chapter for the proposed scheduled activity or a past scheduled +activity, the application will be deemed incomplete and the application will be +cancelled. An application that has been cancelled under this subsection cannot +be re-filed for 12 months. +   (f)   If the applicant makes major changes to the original submission of an +application after the review has been initiated, this will result in the +original permit application being deemed incomplete and cancelled. A revised +permit application will be required, along with new application processing fees +if the applicant wishes to pursue the application. +   (g)   An application may be cancelled if there is a scheduled utility +repair/installation, street improvement, adjacent development project, parking +space reassignment, or other restoration project, or if the location is deemed +inappropriate by the director of transportation, public works, or office of +special events. The applicant may be given the option to proceed with a +shorter-term permit or to delay installation. +   (h)   An application that has been cancelled because it is incomplete cannot +be appealed under section +42A-8 and all application processing fees are forfeited. +   (i)   Upon receipt of a complete application, the application processing +fee, and a $1,000 refundable removal bond, the director shall forward a copy of +the application to all applicable city departments and partner agencies for +review. Consideration will be given based on accessibility, public safety, +location, potential to enhance street scape, community and property owner +support, adherence to design and public safety standards, quality of design, +and capacity to construct, maintain, and remove the street seat among other +factors. +   (j)   After reviewing and confirming all permit requirements have been met, +the director shall issue a street seats permit unless denial or revocation is +required by Section +42A-28.9. +      (1)   Private street seats permits are issued for parking spaces +immediately abutting the applicant's business for the purpose of expanding the +businesses seating capacity. +      (2)   Public street seats permits may be issued to a non-abutting person +or entity after obtaining consent from abutting properties and required public +support. +      (3)   A street seats Phase I permit will be issued within 60 days of +receipt of the application processing fee and proof of compliance with all +requirements. +      (4)   A street seats Phase II permit may be issued within 30 days after +construction commences based on successful site inspections, construction +completion, and confirmation of compliance with all requirements +   (k)   No more than one street seat permit may be issued on a given block +without written support from additional stakeholders as defined by director. +(Ord. 31708; 32213; 32485) +SEC. 42A-28.3.   LOCATION, DESIGN, AND OPERATIONS. +  ��(a)   A street seat must meet the requirements in this subsection which are +further described in the guidebook. +      (1)   Street seats may only be placed adjacent to the curb in an +unrestricted parking lane, on a street with dedicated permanent parking, and a +posted speed limit of 30 miles-per-hour or less. +      (2)   A street seat may only activate in a space no larger than two +parking spaces. +      (3)   A street seat may not interfere with other curb uses. +      (4)   A street seat must not create any interference with existing +utility access and maintenance (i.e. manholes, storm and wastewater, telecom, +etc.). +      (5)   Street seats are prohibited within a designated fire lane. +      (6)   Street seats must maintain required distances from other street +amenities in accordance with the guidebook. +   (b)   Each street seat application must include a site plan as detailed in +the guidebook. +   (c)   A street seat may require site visits or inspections by city staff. If +site visits or inspections are required, the applicant or the applicant's +design and installation contractors shall accompany city staff on scheduled +site visits or inspections. +   (d)   The design submitted with the application must be approved by all +applicable city departments and must comply with NACTO parklet guidelines. +   (e)   A permit holder is responsible for providing and maintaining all +street seats elements including furniture and amenities. +   (f)   Designs must meet all city requirements and safety regulations as +detailed in the guidebook. (Ord. Nos. 31708; 32485) +SEC. 42A-28.4.   PUBLIC SAFETY REVIEW. +   The applicant shall provide a road safety review produced by a professional +engineer licensed in the state of Texas within 14 days of application +acceptance. The review must be specific to the proposed street seat location +and must confirm that the proposed street seat follows the NACTO parklet +guidelines and all city requirements and safety regulations as detailed in the +guidebook. (Ord. 31708) +SEC. 42A-28.5.   COMMUNITY SUPPORT AND PROPERTY AUTHORIZATION. +   (a)   An applicant must provide written approval from the following parties +as part of the permit application: +      (1)   the property owner of the real estate immediately adjacent to the +proposed street seat, +      (2)   all adjacent tenants if utilizing any public property that is +immediately adjacent to or abutting an establishment other than the applicant's +establishment, +      (3)   from the property owner if utilizing any private property other +than property owned exclusively by the applicant. +   (b)   An applicant shall secure permission for utilizing restrooms owned by +another establishment. (Ord. 31708) +SEC. 42A-28.6.   PUBLIC NOTICE. +   (a)   Public notice must be displayed within the window of the abutting +establishment for a minimum of 30 days during the application review to allow +for public input. +   (b)   Written notice must be given to owners and occupants of real property +abutting the proposed street seat and those impacted by the street seat +utilizing the template provided by the director a minimum of five days prior to +the first date of construction. Notice may be delivered by hand, mail, or +email. (Ord. 31708) +SEC. 42A-28.7.   INSURANCE REQUIREMENTS. +   (a)    An applicant for a street seat permit shall procure and keep in full +force and effect no less than the insurance coverage required by this section +through a policy or policies written by an insurance company that: +      (1)   is authorized to do business in the State of Texas; and +      (2)   is acceptable to the city. +   (b)   The insured provisions of the policy must name the city and its +officers and employees as additional insureds, and the coverage provisions must +provide coverage for any loss or damage that may arise to any person or +property by reason of the operation of a street seat. +      (1)   The certificate of insurance or policy and endorsements will be +evidenced by delivery to Office of Special Events, 650 S. Griffin St., Dallas +TX 75201. +      (2)   All certificates of insurance must name the City of Dallas as the +certificate holder. +   (c)   An applicant shall maintain commercial general liability insurance and +must provide single limits of liability for bodily injury (including death) and +property damage of $500,000 for each occurrence, with a $1 million annual +aggregate. +   (d)   Insurance required under this article must: +      (1)   include a cancellation provision in which the insurance company is +required to notify the director in writing not fewer than 30 days before +cancelling the insurance policy (for a reason other than non-payment) or before +making a reduction in coverage; +      (2)   include a cancellation provision in which the insurance company is +required to notify the director in writing not fewer than 10 days before +cancelling for non-payment; +      (3)   include an endorsement to waive subrogation in favor of the city +and its officers and employees for bodily injury (including death), property +damage, or any other loss. +      (4)   comply with all applicable federal, state, and local laws. +   (e)   Any insurance policy required by this article must be on file with the +city within 45 days of the issuance of the initial street seat permit, and +thereafter within 45 days of the expiration or termination of a previously +issued policy. +   (f)   Liquor liability insurance is required if street seats will be used +for alcohol consumption, with a minimum limit of $1 million each claim. +   (g)   In addition to the insurance requirements in this section, the +director may require additional insurance for a permit if such additional +insurance is recommended by the city's risk manager as being necessary for the +protection of the city or the public health, safety, and welfare. (Ord. 31708) +SEC. 42A-28.8.   STREET SEAT REMOVAL. +   (a)   The city reserves the right to require removal of a street seat for +street improvements, utility work, emergencies, public safety, violation of +agreements or permits, or other outstanding circumstances deemed necessary by +the city. +   (b)   If at any time the directors of the office of special events or the +departments of public works or transportation, require the removal of the +street seat, the permit holder shall promptly remove the street seat within +three business days in order to conform to the requirement, without any cost to +the city. +   (c)   A permit holder shall, at its own expense, remove a street seat within +five business days of permit expiration and return the area to the same +condition as it was prior to installation. (Ord. 31708) +SEC. 42A-28.9.   DENIAL OR REVOCATION. +   (a)   The director shall deny a street seats permit if: +      (1)   the applicant fails to meet any of the requirements outlined and +defined in the guidebook; +      (2)   the applicant fails to provide proof that the applicant possesses +or is able to obtain a license or permit required by another city ordinance or +other applicable law for the conduct of all activities included as part of the +street seat; +      (3)   the applicant has had a street seats permit revoked within the +preceding 14 months; +      (4)   the applicant has received, within the preceding 14 months, two or +more notices of violation or citations related to a provision of a street seat +permit or this chapter; +      (5)   the director of transportation, public works, office of special +events, the chief of the police department, or the chief of the fire-rescue +department, determines that the street seat would pose a serious threat to the +public health, safety, or welfare; +      (6)   the applicant or any other person responsible for the conduct or +sponsorship of the street seat is overdue in payment to the city of taxes, +fees, fines, or penalties assessed against or imposed upon the applicant or +other person; +      (7)   the applicant has a history of conducting or sponsoring street +seats in a disorderly, unsafe, unsanitary, or fiscally irresponsible manner; +      (8)   the director is notified of any code violation on the abutting +property; or +      (9)   a street seat will interfere with the rights of nearby residents to +the quiet, peaceable, and undisturbed enjoyment of their property. +      (10)   A street seat interferes with other curb uses including but not +limited to: +         (i)   Fire hydrant. +         (ii)   Valet operation. +         (iii)   Bus stop or transit station. +         (iv)   Loading zone. +         (v)   Taxi zones. +         (vi)   Handicapped-access parking spaces. +         (vii)   Other specially designated zones. +         (viii)   Licensing to another establishment. +   (b)   The director shall revoke a street seats permit if: +      (1)   the applicant fails to comply with, or the street seat is in +violation of, any provision of the street seats permit, a city ordinance, or +any other applicable law; +      (2)   the permit holder made a false statement or omission of material +fact on an application for a street seat permit; +      (3)   the director of transportation, public works, office of special +events, or the chief of the police department or the chief of the fire-rescue +department determines that the street seat would pose a serious threat to the +public health, safety, or welfare; +      (4)   the permit holder fails to maintain public order in and around the +street seat; +      (5)   the permit holder failed to pay any outstanding fees assessed under +Section +42A-6 of this chapter for the proposed street seat or for a past street seat; +      (6)   the director is notified that the permit holder or any other person +responsible for the conduct or sponsorship of the street seats is overdue in +payment to the city of taxes, fees, fines, or penalties assessed against or +imposed upon the permit holder or other person; or +      (7)   the director is notified of any code violations on the abutting +property. (Ord. 31708) +ARTICLE V. +DALLAS FARMERS MARKET FARMERS MARKET. +SEC. 42A-29.   APPLICATION; ISSUANCE. +   (a)   This article only applies to the leased premises as defined in the +Dallas Farmers Market Shed 1 lease. +   (b)   The Dallas Farmers Market shall submit an online application with the +office of special events. An application must be filed not less than 30 +business days before the Dallas Farmers Market farmers market is to begin. +   (c)   An application must be completed in full before it can be invoiced. An +application will not be processed, and the date and venue will not be confirmed +until the application processing fee has been paid. Submission of a complete +application does not guarantee a permit will be issued. All requirements must +be met prior to permit issuance. +   (d)   If the director determines that an application requires additional +information in order to make a decision, or if additional fees will be required +to process the application, the application will be considered incomplete and +cancelled if the applicant does not supply the additional information or fees +after the director has sent two reminder emails and made one reminder phone +call after a period of 10 business days without a response from the applicant. +   (e)   Upon receipt of the completed application, the director shall forward +a copy of the application to all applicable city departments and partner +agencies for review. If the application must be reviewed for public safety, +public safety agencies will review the application first, followed by a review +by city departments and partner agencies. Each department and partner agency +shall review the application and return it, with any comments, to the director +within 10 business days of receipt requiring a response. Each review phase is +allowed 10 business days. Review phases run sequentially with public safety +review getting the first 10 business days and department and partner agency +review getting the second 10 business days. If no response is received, the +director may proceed with permitting, however, if an application requires a +public safety review, the director must wait for the public safety review +response before proceeding. If any department denies the event request, or a +resolution cannot be reached, a permit will be denied. +   (f)   The director shall cancel a Dallas Farmers Market farmers market +permit application if: +      (1)   the proposed Dallas Farmers Market farmers market will occupy any +part of a freeway, expressway, or tollway. +      (2)   the proposed Dallas Farmers Market farmers market will unreasonably +disrupt the orderly flow of traffic, and no reasonable means of rerouting +traffic or otherwise meeting traffic needs is available. +      (3)   the proposed Dallas Farmers Market farmers market cannot comply +with high impact parameters. +      (4)   the applicant makes a false statement of material fact on an +application for a Dallas Farmers Market farmers market permit or fails to +properly complete an application for Dallas Farmers Market farmers permit. +      (5)   the applicant had a Dallas Farmers Market farmers market permit +revoked within the preceding 14 months. +      (6)   the applicant has received, within the preceding 14 months, two or +more notices of violations or citations related to a provision of a Dallas +Farmers Market farmers market permit or this chapter. +      (7)   the applicant has a history of conducting or sponsoring a Dallas +Farmers Market farmers market in a disorderly, unsafe, unsanitary, or fiscally +irresponsible manner. +   (g)   The building official, departments, and the director may prescribe +licenses, permits, and authorizations required by other city ordinances or +applicable law, restrictions, regulations, safeguards, and other conditions +necessary for the safe and orderly conduct of the Dallas Farmers Market farmers +market to be incorporated into the permit before issuance. +   (h)   Major changes to the original submission of an application require the +submission of a new permit application along with new application processing +fees. The original permit application will be deemed incomplete and cancelled. +   (i)   After reviewing and confirming all permit requirements have been met, +the director shall issue a Dallas Farmers Market farmers market permit unless +denial is required by Section +42A-34. A Dallas Farmers Market farmers market permit expires one year after +issuance. (Ord. 31144) +SEC. 42A-30.   STREET CLOSURES. +   (a)   Street closures shall require approval from applicable partner +agencies and city departments. +   (b)   An applicant must provide notice of street closures in accordance with +Section +42A-18. +   (c)   The police department may require a traffic control plan at the +expense of the applicant. If a traffic control plan is required, it must follow +a standard format approved by the director and be approved by the applicable +departments prior to permit issuance. +   (d)   All traffic apparatus required to fulfil a traffic control plan must +be acquired at the applicant's expense. +   (e)   The director may require accommodations if a proposed street closure +will restrict access to public or private parking, residences, businesses, or +places of worship. (Ord. 31144) +SEC. 42A-31.   PARKING. +   (a)   A complete parking plan must be submitted with each application. The +director may waive this requirement for markets with an expected total +attendance of less than 250. +   (b)   The parking plan must demonstrate that adequate parking will be +available to accommodate the expected total attendance. +   (c)   The parking plan must be approved prior to the issuance of a permit. +   (d)   Meter hooding and no parking zones in connection with a market must be +limited to the shortest time feasible. "No parking" signs must be posted a +minimum of 24 hours in advance of the market and follow a standard format +approved by the director. +   (e)   When the main use of the property is open for business and the +designated parking is to be activated as part of the market space, the +applicant must demonstrate that provisions have been made to provide remote +parking in an amount that is adequate to replace the parking spaces being +utilized as part of the event space. +   (f)   When activating a market in a multi- tenant parking lot, and when the +tenants are open for business, not more than 25 percent of the total area of +the shared available parking may be activated for the permitted activity. +   (g)   When restricting public or private parking, including handicapped +accessible parking, the applicant must provide adequate alternate parking. +(Ord. 31144) +SEC. 42A-32.   OPERATIONS OF DALLAS FARMERS MARKET FARMERS MARKET. +   (a)   A Dallas Farmers Market farmers market may only be operated between +the hours of 8:00 a.m. and 10:00 p.m. on any day of the week. +   (b)   A Dallas Farmers Market farmers market may only be operated in +accordance with the schedule filed with the director at the time of permit +application. An amendment to the schedule may be approved by the director +during the calendar year. The request and the required change fee must be +received by the director in writing at least 15 days before implementing any +changes. +   (c)   A permit holder must provide the name, phone number, and email address +of an individual who will be available following submission of an application +through the end of the Dallas Farmers Market farmers market, as well as at the +Dallas Farmers Market site the day of the permitted activity, to respond to any +questions or concerns from police officers or code compliance officers. This +individual shall meet police officers or code enforcement officers at the +Dallas Farmers Market site within one hour of being contacted by telephone or +email. (Ord. 31144) +SEC. 42A-33.   PRODUCTS AT DALLAS FARMERS MARKET. +   (a)   Products that may be sold at the Dallas Farmers Market farmers market +include, but are not limited to, the following: +      (1)   Fruits, vegetables, honey, eggs, nuts, herbs, and mushrooms. +      (2)   Meats. +      (3)   Dairy products. +      (4)   Prepared foods, including but not limited to baked goods, packaged +foods, and oils. +      (5)   Arts and crafts, including but not limited to jewelry, candles, +natural skin care products, soaps, art, knitting, quilts, and pottery. +      (6)   Garden items, including but not limited to plants, flowers, and +soil. +   (b)   At least 40 percent of the vendors participating in the Dallas Farmers +Market farmers market must sell produce or other food items. +   (c)   Live animals may not be distributed, offered for sale, or sold at the +Dallas Farmers Market farmers market. (Ord. 31144) +SEC. 42A-34.   DENIAL OR REVOCATION. +   (a)   The director shall deny a Dallas Farmers Market farmers market permit +if: +      (1)    the applicant fails to meet any of the requirements outlined and +defined in the preliminary letter; +      (2)    the applicant fails to provide proof that the applicant possesses +or is able to obtain a license or permit required by another city ordinance or +other applicable law for the conduct of all activities included as part of a +Dallas Farmers Market farmers market; +      (3)   the applicant has had a Dallas Farmers Market farmers market permit +revoked within the preceding 14 months; +      (4)   the applicant has received within the preceding 14 months, two or +more notices of violations or citations related to a provision of a Dallas +Farmers Market farmers market permit or this chapter; +      (5)   the chief of the police department, the chief of the fire-rescue +department, or the director determines that the Dallas Farmers Market farmers +market would pose a serious threat to the public health, safety, or welfare; +      (6)    the applicant or any other person responsible for the conduct or +sponsorship of a Dallas Farmers Market farmers market is overdue in payment to +the city of taxes, fees, fines, or penalties assessed against or imposed upon +the applicant or other person; +      (7)   the applicant has a history of conducting or sponsoring a Dallas +Farmers Market farmers market in a disorderly, unsafe, unsanitary, or fiscally +irresponsible manner; +      (8)   the director is notified of any code violation on the property +where the Dallas Farmers Market farmers market will be held; or +      (9)   the Dallas Farmers Market farmers market will interfere with the +rights of nearby residents to the quiet, peaceable, and undisturbed enjoyment +of their property. +   (b)   The director shall revoke a Dallas Farmers Market farmers market +permit if: +      (1)   the applicant fails to comply with or the Dallas Farmers Market +farmers market is in violation of any provision of the Dallas Farmers Market +farmers market permit, a city ordinance, or any other applicable law; +      (2)   the permit holder made a false statement or omission of material +fact on an application for the Dallas Farmers Market farmers market permit; +      (3)   the chief of the police department, the chief of the fire-rescue +department, or the director determines that the Dallas Farmers Market farmers +market poses a serious threat to the public health, safety, or welfare; +      (4)   the permit holder fails to maintain public order in and around the +market location; +      (5)   the permit holder failed to pay any outstanding fees assessed under +Section +42A-6 for the market or for a past market; +      (6)   the director is notified that the permit holder or any other person +responsible for the conduct or sponsorship of the market is overdue in payment +to the city of taxes, fees, fines, or penalties assessed against or imposed +upon the permit holder or other person; or +      (7)   the director is notified of any code violations on the property. +(Ord. 31144) +ARTICLE VI. +STREETLIGHT POLE BANNERS. +SEC. 42A-35.   APPLICATION; ISSUANCE. +   (a)   Except as provided for a streetlight pole banner in a special +provision sign district in Chapter 51A of this code, an application for a +streetlight pole banner permit must comply with the requirements in this +section. If there is a conflict between a requirement in this section and a +requirement for a streetlight pole banner in a special provision sign district +in Chapter 51A, the requirement in Chapter 51A prevails. +   (b)   The application for a permit authorizing the placement of streetlight +pole banners must be submitted online to the office of special events at least +30 business days prior to the proposed streetlight pole banner installation +date. +   (c)   The director shall respond in writing by email to the applicant within +three business days of receipt of the application acknowledging receipt of the +application. +   (d)   Upon receipt of the completed application, the director shall forward +a copy of the application to all applicable city departments and partner +agencies for review. If the application must be reviewed for public safety, +public safety agencies will review the application first, followed by a review +of city departments and partner agencies. If any part of the scheduled activity +is to be held on or adjacent to property that is exempt from this chapter under +Section +42A-5, the director shall also include the entity that manages or controls the +exempt property in the review of the application. Each department and partner +agency shall review the application and return it, with any comments, to the +director within 10 business days of receipt of the request requiring a +response. If no response is received, the director may proceed with permitting, +however, if an application requires a public safety review, the director must +wait for the public safety review response before proceeding. If any department +denies the application, or a resolution cannot be reached, the permit will be +denied. +   (e)   An application must be completed in full before it can be invoiced. An +application will not be processed, and the streetlight poles will not be +confirmed until the application processing fee has been paid. Submission of a +complete application does not guarantee a permit will be issued. All +requirements must be met prior to permit issuance. +   (f)   The director shall review the application to determine whether the +requested streetlight poles are available for the erection of streetlight pole +banners. If the requested streetlight poles are not available, the applicant +must resubmit an alternate list of requested streetlight poles within 48 hours +of receiving the preliminary letter. If alternate streetlight poles are not +submitted within 48 hours of receiving the preliminary letter, the process will +continue with only the available poles. +   (g)   The director shall provide the applicant with a preliminary letter +containing the requirements for permit issuance upon completion of departmental +and partner agency review. +   (h)   The director may cancel an application for a streetlight pole banner +permit if: +      (1)   a streetlight pole banner permit has been granted or is in the +review process for another streetlight pole banner permit with the same poles +and during the same time period; +      (2)   the applicant makes a false statement of material fact on an +application for a streetlight pole banner permit or fails to properly complete +an application for a streetlight pole banner permit; +      (3)   the applicant had a streetlight pole banner permit revoked within +the preceding 14 months; +      (4)   the applicant has received, within the preceding 14 months, two or +more notices of violations or citations related to a provision of a streetlight +pole banner permit or this chapter; or +      (5)   the applicant has a history of conducting the installation, +maintenance, or removal of streetlight pole banners in a disorderly or unsafe +manner. +   (i)    If the director determines that an application requires additional +information in order to make a decision, or if additional fees will be required +to process the application, the application will be considered incomplete and +cancelled if the applicant does not supply the additional information or fees +after the director has sent two reminder emails and made one reminder phone +call after a period of 10 calendar days without a response from the applicant. +   (j)   If the director determines that an applicant has failed to pay any +outstanding fees assessed under Section +42A-6 of this chapter for the proposed installation of the streetlight pole +banners, the application will be deemed incomplete and the application will be +cancelled. An application that has been cancelled under this subsection cannot +be re-filed for 12 months. +   (k)   If the applicant makes major changes to the original submission of an +application after the preliminary letter has been issued, this will result in +the original permit application being deemed incomplete and cancelled. A +revised permit application will be required, along with new application +processing fees if the applicant wishes to pursue the application. +   (l)   An application that has been cancelled cannot be appealed under +Section +42A-8 and all application processing fees are forfeited. +   (m)   An applicant may not hold more than one streetlight pole banner permit +application at a time. +   (n)   A streetlight pole banner permit application may not be submitted more +than one year prior to the banner installation date. +   (o)   Applications for streetlight pole banners in the arts district must be +from cultural institutions located in the arts district. The Arts District +Foundation shall provide the office of special events a map with pole +assignments for each cultural institution each calendar year. +   (p)   Applications for streetlight pole banners for pre-determined signature +events within the downtown area including, but not limited to, Main Street, +Commerce Street, and Elm Street, have a right of first refusal. All other +permit applications will be processed on a first-come, first-serve basis. +   (q)   After reviewing and confirming all permit requirements have been met, +the director shall issue the streetlight pole banner permit unless denial or +revocation is required by Section +42A-31. Except as provided in this subsection, a streetlight pole banner permit +will be issued for a period of 60 consecutive days. A streetlight pole banner +permit may be extended for additional consecutive 60-day periods not to exceed +a year. All applicable fees must be paid for any permit extension. A +streetlight pole banner permit for a public improvement district will be issued +for a period of one calendar year. (Ord. 31144) +SEC. 42A-36.   PERMIT EXTENSION. +   (a)   An applicant may not submit a request to extend a streetlight pole +banner permit earlier than two weeks prior to the expiration of an existing +streetlight pole banner permit. +   (b)   A streetlight pole banner permit may be extended in additional 60-day +increments based upon availability of the streetlight poles. +   (c)   Streetlight pole banner permits may be extended for a maximum of one +year. +   (d)   The director shall assess all applicable streetlight pole banner fees +in 60-day increments. +   (e)   This section does not apply to a public improvement district annual +streetlight pole banner permit. (Ord. 31144) +SEC. 42A-37.   INSURANCE. +   (a)   A person installing a streetlight pole banner shall procure and keep +in full force and effect insurance written by an insurance company approved by +the State of Texas and acceptable to the city and issued in the standard form +approved by the Texas Department of Insurance. All provisions of each policy +must be acceptable to the city. Each policy must name the city and its +officers, employees, and appointed representatives as additional insureds. The +coverage provisions of each policy must provide coverage for any loss or damage +that may arise to any person or property by reason of the installation of the +streetlight pole banner by the applicant. +   (b)   Insurance required under this article must include a cancellation +provision in which the insurance company is required to notify the director in +writing not fewer than 30 days before cancelling the insurance policy or before +making a reduction in coverage. +   (c)    Insurance is required in the following types and amounts: +      (1)    Commercial general liability insurance must be provided with +combined single limits of liability for bodily injury and property damage of +not less than $1,000,000 for each occurrence with a $2,000,000 annual +aggregate. +      (2)    Business automotive liability insurance covering owned, hired, and +non-owned vehicles, with a combined single limit for bodily injury (including +death) and property damage of $1,000,000 per occurrence. +      (3)   Worker's compensation insurance with statutory limits. +      (4)    Employer's liability insurance with the following minimum limits +for bodily injury by: +         (A)   accident, $1,000,000 per each accident; and +         (B)   disease, $1,000,000 per employee with a per policy aggregate of +$1,000,000. +      (5)   Umbrella liability insurance following the form of the primary +liability coverage described in Subsection (a) and providing coverage with +minimum combined bodily injury (including death) and property damage limit of +$1,000,000 per occurrence and $1,000,000 annual aggregate. +   (d)   In addition to the insurance requirements of Subsection (c) of this +section, the director may require additional insurance for a streetlight pole +banner if such additional insurance is recommended by the city's risk manager +as being necessary for the protection of the city or the public health, safety, +and welfare. +   (e)   If a facility or other property owned or managed by the city is +subject to both the insurance requirements of this chapter and insurance +requirements established by another city ordinance, an official city action, a +city lease or use agreement, or other applicable law, then the insurance +requirements with the greater limits and coverages must be met to erect a +streetlight pole banner at the facility or property. +   (f)   A streetlight pole banner permit will not be issued until the +insurance requirements have been verified by the city's designated third-party +provider. (Ord. 31144) +SEC. 42A-38.   STREETLIGHT POLE BANNER REGULATIONS. +   (a)   In general. +      (1)   Except as provided for a streetlight pole banner in a special +provision sign district in Chapter 51A of this code, streetlight pole banners +must comply with the requirements in this section. If there is a conflict +between a requirement in this section and a requirement for a streetlight pole +banner in a special provision sign district in Chapter 51A, the requirement in +Chapter 51A prevails. +      (2)   A streetlight pole banner must be in general compliance with the +streetlight pole design manual published by the office of special events. +      (3)   The sign hardware for a streetlight pole banner may be left in +place between displays of a banner. +      (4)   A streetlight pole banner and its sign hardware must: +         (A)   be mounted on a streetlight pole; +         (B)   be at least 12 feet above grade, unless it overhangs a roadway, +in which case it must be at least 15 feet above grade; +         (C)   be made out of weather resistant and rust proof material +especially designed for outdoor use; +         (D)   be printed on both sides of material; +         (E)   not be illuminated; +         (F)   not project more than three feet from the pole onto which it is +mounted; +         (G)   not exceed 25 square feet in effective area; +         (H)   not obstruct the view of traffic or any traffic control devices +or impede or endanger the flow of traffic; and +         (I)   not interfere with emergency equipment, including fire, police, +medical, electrical, commercial vehicles and trucks, or bus transportation. +      (5)   The maximum number of streetlight pole banners is two per pole, +with each banner on one opposite side of the pole. +   (b)   Public improvement districts. +      (1)   This section applies only to public improvement district management +corporations. +      (2)   District identification banners are defined as long-term banners +that identify a geographic location or place of interest. Streetlight poles +must be located within the defined geographic boundaries of the public +improvement district. +      (3)   Streetlight pole banner permits granted to a public improvement +district management corporation must comply with the standards in this +subsection and will be issued on an annual basis. +      (4)   District identification banners are excluded from all permit +application processing fees. +      (5)   Public improvement district have first right-of-refusal for +streetlight poles previously permitted to a public improvement district before +being reissued to an applicant other than that of the public improvement +district management corporation; however, an active permit must be maintained +by the public improvement management corporation to prevent poles from being +reissued to another entity. (Ord. 31144) +SEC. 42A-39.   DENIAL OR REVOCATION. +   (a)   The director shall deny a streetlight pole banner permit if: +      (1)    the applicant fails to meet any of the requirements outlined and +defined in the preliminary letter; +      (2)    the applicant fails to provide proof that the applicant possesses +or is able to obtain a license or permit required by another city ordinance or +other applicable law for the conduct of all activities included as part of the +installation, maintenance, or removal of the streetlight pole banners; +      (3)   the applicant has had a streetlight pole banner permit revoked +within the preceding 14 months; +      (4)   the applicant has received, within the preceding 14 months, two or +more notices of violations or citations related to a provision of a streetlight +pole banner permit or this chapter; +      (5)   the chief of the police department, the chief of the fire-rescue +department, or the director determines that the installation, maintenance, or +removal of the streetlight pole banners would pose a serious threat to the +public health, safety, or welfare; +      (6)   the applicant or any other person responsible for the installation, +maintenance, or removal of the streetlight pole banners is overdue in payment +to the city of taxes, fees, fines, or penalties assessed against or imposed +upon the applicant or other person; or +      (7)   the applicant has a history of conducting the installation, +maintenance, or removal of streetlight pole banners in a disorderly or unsafe +manner. +   (b)    The director shall revoke a streetlight pole banner permit if: +      (1)   the applicant fails to comply with, or the streetlight pole banners +are in violation of any provision of the streetlight pole banner permit, a city +ordinance, or any other applicable law; +      (2)   the permit holder made a false statement or omission of material +fact on an application for a streetlight pole banner permit; +      (3)   the chief of the police department, the chief of the fire-rescue +department, or the director determines that the installation, maintenance, or +removal of the streetlight pole banners pose a serious threat to the public +health, safety, or welfare; +      (4)    the permit holder fails to maintain public order in and around the +installation, maintenance, or removal of the streetlight pole banners; +      (5)   the permit holder failed to pay any outstanding fees assessed under +Section +42A-6 of this chapter for the installation, maintenance, or removal of the +streetlight pole banners; or +      (6)    the director is notified that the permit holder or any other +person responsible for the conduct or sponsorship of the installation, +maintenance, or removal of the streetlight pole banners is overdue in payment +to the city of taxes, fees, fines, or penalties assessed against or imposed +upon the permit holder or other person. (Ord. 31144) +ARTICLE VII. +ENFORCEMENT. +SEC. 42A-40.   OFFENSES. +   (a)   A person commits an offense if he commences set up or conducts a +special event, or neighborhood market, or erects a street seat or a streetlight +pole banner: +      (1)   without a permit issued under this chapter or, for a streetlight +pole banner in a special provision sign district, a sign permit issued under +Chapter 51A of this code; or +      (2)   in violation of any provision of a permit issued under this +chapter, this chapter, or any other city ordinance or applicable law. +   (b)   A person commits an offense if he is the individual named by the +permit holder as the contact person for the event and he fails to meet police +officers or code enforcement officers at the site of the special event, +neighborhood market, or street seat within one hour of being contacted by a +police officer or code enforcement officer by telephone or email. +   (c)   The culpable mental state required for the commission of an offense +under this chapter is governed by Section +1-5.1 of this code. +   (d)   This chapter may be enforced by the director of the office of special +events, the director of code compliance, the chief of police, the fire chief, +the director of mobility, and the director of public works, or their designated +representatives. (Ord. Nos. 18702; 19869; 21934; 31144; 31708) +SEC. 42A-41.   PENALTY. +   (a)   A person who violates a provision of this chapter or a requirement of +a permit issued under this chapter is guilty of a separate offense for each day +or part of a day during which the violation is committed or continued. +   (b)   Each offense is punishable by a fine not to exceed: +      (1)   $2,000 for a violation of a provision of this chapter or a +requirement of a permit governing fire safety, zoning, or public health and +sanitation, including dumping of refuse; or +      (2)   $500 for all other violations of this chapter or requirements of a +permit issued under this chapter. (Ord. Nos. 18702; 19869; 21934; 31144) +CHAPTER 42B +SHORT-TERM RENTALS +Sec. +42B-1.   Definitions. +Sec. +42B-2.   Authority of director. +Sec. +42B-3.   Establishment of rules and regulations. +Sec. +42B-4.   Short-term rental registration and posting requirements. +Sec. +42B-5.   Short-term rental registration; fees; renewal. +Sec. +42B-6.   Short-term rental registration application. +Sec. +42B-7.   Review and acceptance of registration application. +Sec. +42B-8.   Property inspections. +Sec. +42B-9.   Issuance and denial of registration. +Sec. +42B-10.   Revocation of short-term rental registration. +Sec. +42B-11.   Required emergency response. +Sec. +42B-12.   Operation of short-term rental. +Sec. +42B-13.   Hosting platform registration; revocation. +Sec. +42B-14.   Hosting platform operations. +Sec. +42B-15.   Criminal offenses. +Sec. +42B-16.   Review of chapter. +SEC. 42B-1.    DEFINITIONS. +   In this chapter: +      (1)   BEDROOM means any room in a short-term rental other than a kitchen, +dining room, living room, bathroom, or closet. +      (2)   BOOKING TRANSACTION means any reservation or payment service +provided by a person who facilitates a short-term rental transaction between a +prospective visitor and a host. +      (3)   DEPARTMENT means the department designated by the city manager to +enforce and administer this chapter. +      (4)   DIRECTOR means the director of the department designated by the +city manager to enforce and administer this chapter and includes +representatives, agents, or department employees designated by the director. +      (5)   EGREGIOUS OFFENSE means an offense that caused or could cause a +serious threat to public health and safety, including but not limited to, +commission of crimes that are related to drugs, prostitution, or a serious +breach of the peace. +      (6)   EMERGENCY CONDITION means any fire, natural disaster, collapse +hazard, burst pipe, lack of operable utilities, serious police incident, noise +violation, or other condition that requires an immediate response to prevent +harm to the property, the occupants of the property, or the public. +      (7)   HOST means a person who operates a short-term rental and includes +representatives, agents, and employees of the host. +      (8)   HOSTING PLATFORM means a person who participates in the short-term +rental business by collecting or receiving a fee, directly or indirectly +through an agent or intermediary, for conducting a booking transaction using +any medium of facilitation. +      (9)   LOCAL RESPONSIBLE PARTY means a natural person who represents the +owner or host who may be contacted 24 hours a day, seven days a week, in the +event of an emergency condition at a short-term rental. +      (10)   MULTITENANT STRUCTURE means a structure with three or more +rentable units. +      (11)   OWNER means a person who owns property used as a short-term rental +and includes representatives, agents, and employees of the owner. +      (12)   RENTABLE UNIT means one or more rooms designed to accommodate +tenants containing one or more kitchens, one or more bathrooms, and one or more +bedrooms. +      (13)   SHORT-TERM RENTAL means a full or partial rentable unit containing +one or more kitchens, one or more bathrooms, and one or more bedrooms that is +rented to occupants for fewer than 30 consecutive days or one month, whichever +is less, per rental period. (Ord. 32473) +SEC. 42B-2.    AUTHORITY OF DIRECTOR. +   The director shall implement and enforce this chapter and may by written +order establish such rules, regulations, or procedures, not inconsistent with +this chapter or other city ordinances, and state or federal law, as the +director determines are necessary to discharge any duty under or to affect the +policy of this chapter. (Ord. 32473) +SEC. 42B-3.   ESTABLISHMENT OF RULES AND REGULATIONS. +   (a)   Before adopting, amending, or abolishing a rule, the director shall +hold a public hearing on the proposal. +   (b)   The director shall fix the time and place of the hearing and, in +addition to the notice required under the Open Meetings Act (Chapter 551, Texas +Government Code), as amended, shall notify each owner, host, hosting platform, +and such other persons as the director determines are interested in the subject +matter of the hearing. +   (c)   After the public hearing, the director shall notify all owners, hosts, +hosting platforms, and other interested persons of the director's action and +shall post an order adopting, amending, or abolishing a rule on the official +bulletin board in city hall for a period of not fewer than 10 days. The order +becomes effective immediately upon expiration of the posting period. (Ord. +32473) +SEC. 42B-4.   SHORT-TERM RENTAL REGISTRATION AND POSTING REQUIREMENTS. +   (a)   A person commits an offense if he owns or operates a short-term rental +without a valid short-term rental registration issued under this chapter. +   (b)   A person other than a hosting platform commits an offense if the +person advertises a property for rent as a short-term rental without a valid +short-term rental registration issued under this chapter. +   (c)   The owner and host of a short-term rental commits an offense if he +fails to post the following in a conspicuous place in a common area of the +property or as otherwise approved by the director: +      (1)   the short-term rental certificate of occupancy; and +      (2)   the certificate of registration for short-term rental. (Ord. 32473) +SEC. 42B-5.   SHORT-TERM RENTAL REGISTRATION; FEES; RENEWAL. +   (a)   Each short-term rental lodging use must be separately registered. +   (b)   A short-term rental registration expires on the earlier of: +      (1)   one year after the registration date, or +      (2)   when ownership of the property changes. +   (c)   The annual registration fee for a short-term rental is $248.00. +   (d)   The registration fee is nonrefundable. The registration fee may not be +prorated or applied to another property. +   (e)   The initial inspection fee is included in the annual registration fee. +If a property must be reinspected, the reinspection fee is $144.00. +   (f)   A host shall keep the information contained in its registration +application current and accurate. If there is any change in the application +information, the host shall notify the director in writing within 10 days of +the changes of information. +   (g)   A registration may be renewed by making application for a renewal in +accordance with this chapter on a form provided by the director. In the +application for renewal, the host shall certify that all information in the +then-current registration application is still accurate as of the date of the +renewal application or otherwise correct any information that is not accurate +as of the date of the renewal application. (Ord. Nos. 32473; 32556) +SEC. 42B-6.   SHORT-TERM RENTAL REGISTRATION APPLICATION. +   To obtain a registration to operate a short-term rental, a person must +submit a complete application to the director on a form provided for that +purpose. If the applicant is not an individual, an authorized officer or agent +of the applicant must file the form. The application must contain the following +information and be accompanied by the annual registration fee required under +Section +42B-5 before it is considered complete: +      (1)   The name, mailing address, and telephone number for: +         (A)   the owner; +         (B)   the host; +         (C)   the local responsible party; +         (D)   if the owner of the short-term rental is not a natural person, +then an agent, employee, or officer of the owner authorized to receive legal +notices and service of legal process on behalf of the owner, and in the case of +an entity required to be registered with the State of Texas, the registered +agent for service of process for the entity; +         (E)   if the host is not a natural person, then an agent, employee, or +officer of the host authorized to receive legal notices and service of legal +process on behalf of the host, and in the case of an entity required to be +registered with the State of Texas, the registered agent for service of process +for the entity; +         (F)   the holder of any deed of trust or mortgage lien on the short- +term rental property being registered; and +         (G)   any agent, employee, officer, property manager, and other +persons in control of, managing, or operating the short-term rental property on +behalf of the owner or host; +      (2)   the property address; +      (3)   if the property being registered is part of a multitenant property +or a condominium: +         (A)    the name of the property, all legal addresses comprising the +property, and the main telephone number, if any, of the property; +         (B)   the apartment or unit number of the short-term rental unit being +registered; and +         (C)   an affidavit signed by the owner acknowledging that the owner is +responsible for ensuring that no unregistered short-term rentals operates on +the property and that the owner may be liable for code violations committed by +hosts or short-term rental guests, such as being declared a habitual nuisance +property under +Chapter 27 of this code; +      (4)    if the owner is not a natural person, the form of the entity, +including, but not limited to, a corporation, general partnership, limited +partnership, trust, or limited liability company, and the state or foreign +jurisdiction of organization and registration, if other than the State of +Texas, as well as the name and mailing address for each principal officer, +director, general partner, trustee, manager, member, or other person charged +with the operation, control, or management of the entity; +      (5)   if the host is not a natural person, the form of the entity, +including, but not limited to, a corporation, general partnership, limited +partnership, trust, or limited liability company, and the state or foreign +jurisdiction of organization and registration, if other than the State of +Texas, as well as the name and mailing address for each principal officer, +director, general partner, trustee, manager, member, or other person charged +with the operation, control, or management of the entity; +      (6)   a copy of the host's current driver's license or other government- +issued personal identification card containing a photograph of the host, if the +host is a natural person; +      (7)   the hotel occupancy tax registration number issued in accordance +with +Chapter 44 of this code; +      (8)   any additional information the host desires to include or that the +director deems necessary to aid in the determination of whether the application +will be deemed complete; +      (9)    an acknowledgement by the host of the following: +         (A)    occupancy limits; +         (B)   parking requirements; +         (C)   noise limits; +         (D)   revocation process; and +         (E)   advertisement and signage limitations; and +      (10)   if the host is not the owner, a statement that is signed and +acknowledged by the owner giving the host permission to operate the short-term +rental. (Ord. 32473) +SEC. 42B-7.   REVIEW AND ACCEPTANCE OF REGISTRATION APPLICATION. +   (a)   An application will not be processed until the annual registration fee +required by Section +42B-5 has been paid. +   (b)   The director shall review an application within 10 business days of +receipt to determine completeness. +   (c)   If the director finds that the applicant has failed to submit a +complete application or that any of the information on the application is +materially incorrect or misleading, the director shall promptly notify the +applicant by United States or electronic mail that the application is defective +or incomplete and the director shall list the defects and missing items. +   (d)   An application shall expire and be void ab initio if by the 10th +business day after the applicant is notified that the application is defective +or incomplete, the applicant fails to provide documents or other information +necessary to comply with the requirements of this chapter. +   (e)   If the director finds that the applicant submitted a complete +application and all criteria have been met, the director shall promptly notify +the applicant that the application has been received and found to be complete. +(Ord. 32473) +SEC. 42B-8.   PROPERTY INSPECTIONS. +   (a)   After the director deems an application complete, but before an +application is approved, the director shall conduct an inspection of the +property to determine if there are any code violations. If the inspection +reveals any violations of the Dallas City Code, the director shall issue a +notice of violation to the owner, operator, or person in control to remedy the +violations. The director shall not approve the registration until the +identified code violations at the property have been abated. +   (b)   The director may conduct inspections of short-term rental properties +at any time the director deems necessary when determined to be in the interest +of the public health, safety, and welfare. +   (c)   Except as provided in this section, the director shall conduct a +property inspection of each short-term rental upon application for renewal of a +registration. +   (d)   For a registration renewal, no inspection is required if code +violations were not found on the property in the previous 12 calendar months. +   (e)   The director may conduct inspections at the property if any complaint +is received alleging violations occurring at the property including, but not +limited to, violations of noise or parking regulations. (Ord. 32473) +SEC. 42B-9.   ISSUANCE AND DENIAL OF REGISTRATION. +   (a)   Upon the submission of a complete application, the director shall +issue a registration to operate a short-term rental if the director determines: +      (1)   the applicant has complied with all requirements for issuance of +the registration; +      (2)   the applicant has not made a false statement as to a material +matter in the application; +      (3)   the property being registered has passed all inspections and the +condition and use of the short-term rental comply with the zoning regulations +in the Dallas Development Code and the minimum property standards in +Chapter 27; +      (4)   there have not been two or more citations for violations of the +Dallas City Code found on the property being registered within the preceding 12 +calendar months prior to the registration application; +      (5)   if the property is a multitenant property, registration of the +rentable unit will not exceed the density requirements in Section +42B-12; +      (6)   the owner and host are not delinquent in any ad valorem taxes, +fees, fines, or penalties owed to the city in relation to the property where +the short-term rental is located; +      (7)   the owner and host are not delinquent in any hotel occupancy taxes +owed to the city; and +      (8)   the owner and host have not had a short-term rental registration +revoked within the past 12 months. +   (b)   If the director determines that the requirements of Subsection (a) +have not been met, the director shall deny the registration. +   (c)   If the director determines that the applicant should be denied a +registration, the director shall notify the applicant in writing, by certified +mail, return receipt requested, that the application is denied and include in +the notice the reason for denial and a statement informing the applicant of the +right to appeal. (Ord. 32473) +SEC. 42B-10.   REVOCATION OF SHORT-TERM RENTAL REGISTRATION. +   (a)   The director may revoke a short-term rental registration if the +property registered as a short-term rental is the site of two or more citations +for violations of the Dallas City Code or state or federal law two or more +times in the preceding year. Violations considered under this provision +include, but are not limited to, parking on unapproved surfaces, failure to +maintain the property free of litter, exceeding noise limitations, disorderly +or criminal conduct, failure to pay hotel occupancy tax, or any of the +provisions of this chapter. +   (b)   A short-term rental registration issued under this chapter may be +revoked at the director's discretion if an egregious offense occurs at the +property. +   (c)   The director may revoke all registrations associated with a single +owner or host upon revocation of any registration. +   (d)   If the director determines that a registration should be revoked, the +director shall notify the owner and host in writing, by certified mail, return +receipt requested, that the registration is revoked and include in the notice +the reason for revocation and a statement informing the owner and host of the +right to appeal. +   (e)   An owner or host that has had a registration revoked under this +section shall not be permitted to apply for a short-term rental registration +for a period of one year following the date of the revocation. +   (f)   A revocation under this section is final unless the owner or host +files an appeal with the permit and license appeal board in accordance with +Section +2-96. +   (g)   The filing of an appeal stays the action of the director in revoking a +registration until the permit and license appeal board makes a final decision. +   (h)   The permit and license appeal board shall consider the facts as they +existed at the time of the registration denial, suspension, or revocation in +making its decision. (Ord. 32473) +SEC. 42B-11.   REQUIRED EMERGENCY RESPONSE. +   (a)   A host shall provide the director with the name, address, and +telephone number of a local responsible party. This designation shall be +provided on a notarized form designated by the director that is signed by the +local responsible party. +   (b)    A host shall notify the director immediately of any change in the +emergency response information on a notarized form designated by the director. +   (c)    The local responsible party shall arrive at the property within one +hour after being notified by the city or emergency response personnel that an +emergency condition has occurred on the property. +   (d)   Upon arrival at the short-term rental when requested as provided +above, the local responsible party shall notify the requesting city personnel +of his arrival and shall take reasonable actions to resolve the emergency +condition. +   (e)    A local responsible party must be authorized to make decisions +regarding the premises and its occupants. A local responsible party may be +required to, and shall not refuse to, accept service of citation for any +violations on the premises. Acceptance of service shall not act to release +owner of any liability under this chapter. (Ord. 32473) +SEC. 42B-12.   OPERATION OF SHORT-TERM RENTAL. +   (a)   Maximum occupancy for a short-term rental is three people per bedroom +with a total occupancy of 12. +   (b)   The number of short-term rentals in a single rentable unit may not +exceed one. +   (c)   The maximum density for short-term rentals located in a multifamily +structure is: +      (1)   three percent of rentable units if the multitenant structure has +more than 20 rentable units and is located in a multifamily or multiple-family +zoning district or a planned development district or conservation district +whose base zoning is multifamily or multiple-family; +      (2)   20 percent of rentable units if the multitenant structure has more +than 20 rentable units and is located in a nonresidential zoning district; +      (3)   zero rentable units if the multitenant structure has 20 rentable +units or less. +   (d)   The use of amplified sound equipment that produces a sound audible +beyond the property line of the premises between the hours of 10:00 p.m. and 7: +00 a.m. is prohibited. +   (e)   The host shall limit the number of guest vehicles to the number of +available off-street parking spaces available at the short-term rental +property. +   (f)   The minimum allowable rental period is two nights. +   (g)   Any public listing or advertisement for a property as a short-term +rental must include: +      (1)   the City of Dallas short-term rental registration number; +      (2)   occupancy limitations; +      (3)   limitations on the use of amplified sound equipment; +      (4)   the number of vehicles allowed; +      (5)   city regulations related to parking on unapproved surfaces and +oversized vehicles; and +      (6)    a minimum allowable rental period of two nights. +   (h)   A short-term rental may not be used as a commercial amusement, +restaurant, or similar business unless the property has a valid certificate of +occupancy for the use. (Ord. 32473) +SEC. 42B-13.   HOSTING PLATFORM REGISTRATION; REVOCATION. +   (a)   To obtain a registration to operate as a hosting platform, a person +shall submit a complete application to the director on a form provided for that +purpose. If the applicant is not an individual, an authorized officer or agent +of the applicant must file the form. The application must contain the following +information before it is considered complete: +      (1)   the name, telephone number, and email address of a contact person +at the hosting platform; and +      (2)   any other information the director deems necessary. +   (b)   A registration issued under this section is valid for one year. +   (c)   The director may revoke the registration of a hosting platform if the +hosting platform collects a fee or fails to submit a report in violation of +Section +42B-14. +   (d)   If the director determines that a registration should be revoked, the +director shall notify the hosting platform in writing, by certified mail, +return receipt requested, that the registration is revoked and include in the +notice the reason for revocation and a statement informing the owner and host +of the right to appeal. +   (e)   A hosting platform that has had a registration revoked under this +section shall not be permitted to apply for a hosting platform registration for +a period of one year following the date of the revocation. +   (f)   A revocation under this section is final unless the hosting platform +files an appeal with the permit and license appeal board in accordance with +Section +2-96. +   (g)   The filing of an appeal stays the action of the director in revoking a +registration until the permit and license appeal board makes a final decision. +   (h)   The permit and license appeal board shall consider the facts as they +existed at the time of the revocation in making its decision. (Ord. 32473) +SEC. 42B-14.   HOSTING PLATFORM OPERATIONS. +   (a)   Hosting platforms shall not collect or receive a fee, directly or +indirectly, through an agent or intermediary, for completing a booking +transaction for a short-term rental unless the hosting platform has registered +with the city in compliance with this Section +42B-13 and the short-term rental has a valid registration number issued by the +director in accordance with Section +42B-9. +   (b)   Hosting platforms shall not collect or receive a fee, directly or +indirectly, through an agent or intermediary, for facilitating or providing +services ancillary to an unregistered short-term rental, including, but not +limited to, insurance, concierge services, catering, restaurant bookings, +tours, guide services, entertainment, cleaning, property management, or +maintenance. +   (c)   A hosting platform registered under this chapter shall provide the +director, on a monthly basis, an electronic report, in a format determined by +the director, of the listings maintained, authorized, facilitated, or +advertised by the hosting platform within the city for the applicable reporting +period. The report must include a breakdown of where the listings are located +and whether the listing is for a room or a whole rentable unit. (Ord. 32473) +SEC. 42B-15.   CRIMINAL OFFENSES. +   A person commits an offense if he violates or attempts to violate a +provision of this chapter, or a rule or regulation established by the director +under this article, that is applicable to a person. A culpable mental state is +not required for an offense under this chapter unless the provision defining +the conduct expressly requires a culpable mental state. A separate offense is +committed each day in which an offense occurs. (Ord. 32473) +SEC. 42B-16.   REVIEW OF CHAPTER. +   The regulations in this chapter must be reviewed by a city council committee +by June 14, 2025. (Ord. 32473) +CHAPTER 43 +STREETS AND SIDEWALKS +ARTICLE I. +IN GENERAL. +Sec. +43-1.   Reserved. +Sec. +43-2.   Driving horses, cattle, etc., on certain streets forbidden. +Sec. +43-3.   Moving horses and vehicles at request of street cleaner. +Sec. +43-4.   Fruit stands, stalls, etc., on sidewalks. +Sec. +43-5.   Attracting crowds on sidewalks. +Sec. +43-6.   Unsafe scaffolds. +Sec. +43-7.   Open cellar or trap doors; permitting sidewalk to remain in disrepair. +Sec. +43-8.   Each day obstruction remains deemed separate offense. +Sec. +43-9.   Glass to be removed from highway after a wreck. +Secs. 43-10 thru 43-11.   Reserved. +Sec. +43-12.   Depositing trash on streets and sidewalks. +Sec. +43-13.   Trash, etc., not to accumulate or remain on sidewalks. +Sec. +43-14.   Leaving rubbish in street after completion of building. +Sec. +43-15.   Allowing weeds, grass, etc., to obstruct gutters and sidewalks. +Sec. +43-16.   Throwing fruit peelings on sidewalks. +Sec. +43-17.   Playing ball, throwing stones, etc., in streets. +Sec. +43-18.   Skating on streets and sidewalks. +Sec. +43-19.   Mixing concrete on paved streets. +Sec. +43-20.   Reserved. +Sec. +43-21.   Permits required for alterations, obstructions, etc., of sewers, +gutters, etc. +Sec. +43-22.   Marking sidewalks with stencils, etc. +Sec. +43-23.   Injuring or defacing street signs and signposts. +Sec. +43-24.   Heavy articles not to be carried along sidewalks. +Sec. +43-25.   Reserved. +ARTICLE II. +AWNINGS. +Sec. +43-26.   Height above sidewalk. +Sec. +43-27.   Fastening to buildings; supports. +Sec. +43-28.   Coverings to be fireproof; exceptions. +Sec. +43-29.   Awning posts. +Sec. +43-30.   Extending over public property. +ARTICLE III. +CONSTRUCTION AND REPAIR OF SIDEWALKS, CURBS AND DRIVEWAY APPROACHES. +Division 1. Generally. +Subdivision I. In General. +Sec. +43-31.   Purpose of article. +Sec. +43-32.   Definitions. +Sec. +43-33.   Liability of abutting property owners for injuries caused by defective +sidewalks. +Sec. +43-34.   Liability of persons making special use of sidewalks. +Sec. +43-35.   Administration and enforcement of article; police power of director. +Sec. +43-36.   Director not personally liable for good faith actions. +Sec. +43-37.   Authority of director generally. +Sec. +43-38.   Effect of article on responsibility for damages. +Sec. +43-39.   Construction permit - Required. +Sec. +43-40.   Same - Application - Information to be furnished by applicants. +Sec. +43-41.   Same - Same - Lot plan to be furnished when requested. +Sec. +43-42.   Same - Expiration; new permit required before recommencing work. +Sec. +43-43.   Surety bond - Required. +Sec. +43-44.   Surety bond - Conditions of issuance. +Sec. +43-45.   Same - Effect of article on persons now engaged in construction, etc. +Sec. +43-46.   Standards for raw materials used in construction. +Sec. +43-47.   Specifications for concrete reinforcing steel. +Sec. +43-48.   Specifications and placement of concrete expansion joint filler. +Sec. +43-49.   Subgrade determination. +Sec. +43-50.   Form, specifications, and placement. +Sec. +43-51.   Concrete - Ingredients and consistency required. +Sec. +43-52.   Same - Placement +Sec. +43-53.   Same - Protecting against extreme temperatures, etc. +Sec. +43-54.   Examination and approval of materials prior to use. +Sec. +43-55.   All work to comply with established lines and grades. +Sec. +43-56.   Protection of grade and line stakes. +Sec. +43-57.   Lights and safeguards. +Sec. +43-58.   Removal of debris, etc., upon completion of work. +Sec. +43-59.   Construction of retaining walls on public property. +Sec. +43-60.   Traffic barriers for service stations and parking lots. +Sec. +43-61.   Same - Placement of curbs. +Sec. +43-62.   Indented parking. +Sec. +43-63.   Repair of defective sidewalks or driveways by abutting property +owners. +Sec. +43-64.   Mixing concrete or mortar on existing pavement; unused mixture to be +immediately removed. +Sec. +43-65.   Sidewalk drainage openings to have metal covers. +Sec. +43-66.   Alternative materials and construction methods. +Subdivision II. Sidewalks. +Sec. +43-67.   Minimum dimensions; finishing. +Sec. +43-68.   Concrete specifications. +Sec. +43-69.   Form, placement and slope. +Sec. +43-70.   Joints. +Division 2. Material Specifications and Construction Methods. +Subdivision I. Curbs and Gutters. +Sec. +43-71.   Description; composition of concrete and mortar used in construction. +Sec. +43-72.   Construction of joints. +Sec. +43-73.   Forms. +Sec. +43-74.   Placement of concrete and mortar. +Sec. +43-75.   Finishing. +Sec. +43-76.   Protection of new work from traffic; backfilling. +Sec. +43-77.   Final dimensions; gutter ratio required for curb facing; dwelling for +driveway construction. +Subdivision II. Driveway Approaches. +Sec. +43-78.   Specifications for materials used in construction. +Sec. +43-79.   Placement and compaction of concrete. +Sec. +43-80.   Finishing. +Sec. +43-81.   Protection from vehicular traffic. +Sec. +43-82.   Removal of curb and gutter where required. +Sec. +43-83.   Maximum space to be occupied. +Sec. +43-84.   Number of approaches permitted. +Sec. +43-85.   Separation of driveway approaches. +Sec. +43-86.   Location; provision for joint approaches. +Sec. +43-87.   Minimum angle in relation to curb line. +Sec. +43-88.   Minimum requirements for approaches near street intersections. +Sec. +43-89.   Location of approaches near traffic interchanges, etc. +Sec. +43-90.   Location of approaches at pedestrian crossings, etc., prohibited. +Sec. +43-91.   Construction in existing angle parking areas prohibited; exceptions. +Sec. +43-92.   Standing or parking of vehicles, etc., on driveway approaches +prohibited. +Sec. +43-93.   Abandonment; duty of abutting property owner to restore curb. +Sec. +43-94.   Residential driveway approaches. +Sec. +43-95.   Commercial driveway approaches. +ARTICLE IV. +SNOW AND ICE. +Sec. +43-96.   Removal of snow and ice from sidewalks required. +Sec. +43-97.   Covering snow and ice with sand, ashes, etc. +Sec. +43-98.   Where removed snow and ice to be placed. +Sec. +43-98.1.   Causing ice to form on streets and alleys. +Sec. +43-98.2.   Enforcement. +ARTICLE V. +BUILDING NUMBERING. +Sec. +43-99.   Owner or occupant to number buildings. +Sec. +43-100.   Official numbering plan must be followed. +Sec. +43-101.   Specifications for numbers. +Sec. +43-102.   Odd and even numbers. +Sec. +43-103.   Basic units of space for numbering. +Sec. +43-104.   Numbering within building complexes. +Sec. +43-105.   Directional signs within building complexes. +Sec. +43-106.   Diagram of mall areas. +Secs. 43-107 thru 43-110.   Reserved. +ARTICLE VI. +LICENSE FOR THE USE OF PUBLIC RIGHT-OF-WAY. +Division 1. Licenses for Other than Bicycle Parking Devices, Valet Parking +Services, and Newsracks. +Sec. +43-111.   Definitions. +Sec. +43-112.   Application; fee. +Sec. +43-113.   Grant by city council. +Sec. +43-114.   Terms and conditions; duration; right of termination reserved by +city. +Sec. +43-115.   Annual fee for use of public right-of- way. +Sec. +43-115.1.   Special fees for the use of public right- of-way. +Sec. +43-115.2.   Licenses for subdivision signs. +Sec. +43-115.3.   Sidewalk Cafe Design Standards Manual. +Sec. +43-116.   Temporary license. +Sec. +43-117.   Penalties. +Sec. +43-118.   Breach by grantee. +Sec. +43-119.   Waiver. +Division 2. Bicycle Parking Devices. +Sec. +43-120.   Definitions. +Sec. +43-121.   License required; application; issuance. +Sec. +43-122.   Denial or revocation of license. +Sec. +43-123.   Expiration of license. +Sec. +43-124.   Standards for installation, operation, and maintenance of a bicycle +parking device. +Sec. +43-125.   Location of a bicycle parking device. +Sec. +43-126.   Restrictions on the use of a bicycle parking device prohibited. +Sec. +43-126.1.   Indemnification. +Sec. +43-126.2.   Restoration of the right-of-way. +Division 3. Valet Parking Services. +Sec. +43-126.3.   Definitions. +Sec. +43-126.4.   Purpose. +Sec. +43-126.5.   License required; application; issuance. +Sec. +43-126.6.   Fees. +Sec. +43-126.7.   Denial or revocation of license; temporary suspension. +Sec. +43-126.8.   Expiration of license. +Sec. +43-126.9.   Standards for operation of a valet parking service. +Sec. +43-126.10.   Valet parking service stands. +Sec. +43-126.11.   Location of a valet parking service. +Sec. +43-126.12.   Insurance. +Sec. +43-126.13.   Indemnification. +Sec. +43-126.14.   Signs. +Division 4. Newsracks. +Sec. +43-126.15.   Purpose and intent. +Sec. +43-126.16.   Definitions. +Sec. +43-126.17.   License and decal required. +Sec. +43-126.18.   License application; issuance of license; and display of decals. +Sec. +43-126.19.   Conditions of a license and annual fees. +Sec. +43-126.20.   Denial or revocation of a license. +Sec. +43-126.21.   Appeal from license denial or revocation. +Sec. +43-126.22.   Expiration and renewal of a license. +Sec. +43-126.23.   Allocation of freestanding newsrack locations. +Sec. +43-126.24.   Standards for installation, operation, and maintenance of +newsracks. +Sec. +43-126.25.   Locational requirements for newsracks. +Sec. +43-126.26.   Display and distribution of harmful materials through newsracks. +Sec. +43-126.27.   Restoration of the right-of-way. +Sec. +43-126.28.   Removal of newsracks and publications. +Sec. +43-126.29.   Multiple newsrack unit zones. +Sec. +43-126.30.   Split-door newsracks. +Sec. +43-126.31.   Violations; penalty. +ARTICLE VII. +SALE OF MERCHANDISE AND PRODUCE ON STREETS AND SIDEWALKS. +Sec. +43-127.   Unlawful solicitation at the convention center and reunion arena. +Sec. +43-128.   Reserved. +Sec. +43-129.   Causing crowd to congregate on sidewalk. +Secs. 43-130 thru 43-132.   Reserved. +Sec. +43-133.   Use of sidewalk for display of merchandise. +Sec. +43-134.   Use of sidewalk to forward or receive merchandise. +ARTICLE VIII. +CERTAIN USES OF PUBLIC RIGHT-OF-WAY. +Sec. +43-135.   Definitions. +Sec. +43-136.   Director’s authority; enforcement; offenses. +Sec. +43-137.   Registration; other requirements. +Sec. +43-138.   Plans of record. +Sec. +43-139.   Permit required; exceptions; conditions; denial and revocation. +Sec. 43-139.1.   Network nodes and related infrastructure. +Sec. +43-140.   Insurance and indemnity requirements; exceptions. +Sec. +43-140.1.   Performance bond; letter of credit; cash deposit. +Sec. +43-140.2.   Waiver of bonding requirements. +Sec. +43-141.   Miscellaneous requirements for street excavation and installations, +trench safety, and above ground utility structures. +Sec. +43-142.   Restoration requirements. +Sec. +43-143.   Clearance for street paving and storm drainage projects. +Sec. +43-144.   Conformance with public improvements. +Sec. +43-145.   Improperly constructed facilities. +Sec. +43-146.   Emergency repairs. +Sec. +43-147.   Effect of article on persons engaged in construction. +Sec. +43-148.   Marking existing underground utilities. +ARTICLE IX. +DRIVEWAYS GENERALLY. +Sec. +43-149.   Director defined. +Sec. +43-150.   Driveways not to be within three feet of poles, etc. +Sec. +43-151.   Removal of poles, etc., to permit construction of driveways - +Required. +Sec. +43-152.   Same - Plans to be approved by director. +Sec. +43-153.   Same - Allocation of costs for relocation. +Sec. +43-154.   Permit for driveway to be issued after poles, etc., removed. +Sec. +43-155.   Appeals. +Sec. +43-156.   Fee where poles, etc., to be relocated. +ARTICLE X. +SHARED DOCKLESS VEHICLE OPERATING PERMIT. +Sec. +43-157.   Definitions. +Sec. +43-158.   General authority and duty of director. +Sec. +43-159.   Establishment of rules and regulations. +Sec. +43-160.   Operating authority permit. +Sec. +43-161.   Application for operating authority permit. +Sec. +43-162.   Changes to information in operating authority application. +Sec. +43-163.   Expiration of operating authority permit. +Sec. +43-164.   Refusal to issue or renew operating authority permit. +Sec. +43-165.   Suspension or revocation of operating authority permit. +Sec. +43-166.   Appeals. +Sec. +43-167.   Nontransferability. +Sec. +43-168.   Reserved. +Sec. +43-169.   Reserved. +Sec. +43-170.   Insurance requirements. +Sec. +43-171.   Reserved. +Sec. +43-172.   Vehicle fee and ride fee. +Sec. +43-173.   Performance bond or irrevocable letter of credit. +Sec. +43-174.   Enforcement. +Sec. +43-175.   Criminal offenses. +ARTICLE I. +IN GENERAL. +SEC. 43-1.   RESERVED. +(Repealed by Ord. 22413) +SEC. 43-2.   DRIVING HORSES, CATTLE, ETC., ON CERTAIN STREETS FORBIDDEN. +   It shall not be lawful for any person to drive or have any drove of horses, +cattle, sheep or hogs in any park or street in the city. (Code 1941, Art. 139- +2) +SEC. 43-3.   MOVING HORSES AND VEHICLES AT REQUEST OF STREET CLEANER. +   No person in charge of horses and vehicles on the streets or alleys of the +city shall fail or refuse to move the same when requested so to do by any +street cleaner when engaged in cleaning the streets or alleys. (Code 1941, Art. +139-3) +SEC. 43-4.   FRUIT STANDS, STALLS, ETC., ON SIDEWALKS. +   No person shall have or maintain any fruit stand, huckster’s stand or other +stall on any sidewalk in the city. (Code 1941, Art. 139-4) +SEC. 43-5.   ATTRACTING CROWDS ON SIDEWALKS. +   No person shall, by loud talking, unusual acts or exhibitions, attract a +crowd on any sidewalk or refuse to desist when requested to do so by any police +or other officer. (Code 1941, Art. 139-5) +SEC. 43-6.   UNSAFE SCAFFOLDS. +   No person shall erect, use or cause or suffer to be erected or used within +the city any insecure or unsafe scaffold, whereby the safety of persons working +thereon or passing thereunder may be in any manner endangered. (Code 1941, Art. +139-6) +SEC. 43-7.   OPEN CELLAR OR TRAP DOORS; PERMITTING SIDEWALK TO REMAIN IN +DISREPAIR. +   A person commits an offense if he: +      (1)    keeps, leaves open, or allows to be left open any cellar door, +trap door, sidewalk lift, or grating of any vault in or upon any sidewalk, +street, or passageway; +      (2)    makes, keeps, or maintains any uncovered opening in any sidewalk +or footway; or +      (3)    allows any sidewalk or footway, which it is the person’s duty to +maintain or repair, to become broken or continue so broken, uneven, or out of +repair. (Code 1941, Art. 139-7; Ord. Nos. 19963; 21186) +SEC. 43-8.   EACH DAY OBSTRUCTION REMAINS DEEMED SEPARATE OFFENSE. +   Every day that any partial or entire obstruction shall remain upon any +sidewalk in the city shall be considered a violation of the regulations +contained in this article and shall constitute a separate offense and be +punished as such. (Code 1941, Art. 139-9) +SEC. 43-9.   GLASS TO BE REMOVED FROM HIGHWAY AFTER A WRECK. +   Any person removing a wrecked or damaged vehicle from a highway shall remove +any glass or other injurious substance dropped upon the highway from such +vehicle. (Code 1941, Art. 86-61) +SECS. 43-10 THRU 43-11.   RESERVED. +   (Repealed by Ord. 13764) +SEC. 43-12.   DEPOSITING TRASH ON STREETS AND SIDEWALKS. +   No person shall sweep out or deposit on any of the sidewalks or streets of +the city any loose paper, filth or trash of any kind. +   All persons using cans or barrels as trash containers shall have them +emptied and all trash deposited therein removed at least once in every 24 +hours. (Code 1941, Arts. 140-1, 140-2) +SEC. 43-13.   TRASH, ETC., NOT TO ACCUMULATE OR REMAIN ON SIDEWALKS. +   No property owner, occupant or agent of any property that abuts or adjoins +any paved street in the city shall allow or permit any animal or vegetable +substance whatever, any tin, glass or pieces of iron or any trash, mud, slop, +refuse matter or filth of any kind or description whatever to accumulate or +remain on any part of the sidewalk abutting or adjacent to the premises owned +or occupied by such person on such paved street in the city. (Code 1941, Art. +140-4) +SEC. 43-14.   LEAVING RUBBISH IN STREET AFTER COMPLETION OF BUILDING. +No person who has occupied a portion of a street for building purposes shall +leave any rubbish in the street after the completion of such building and the +expiration of the time of permit. Any person violating this article is guilty +of an offense for each day rubbish is so left. (Code 1941, Art. 140-6; Ord. +19963) +SEC. 43-15.   ALLOWING WEEDS, GRASS, ETC., TO OBSTRUCT GUTTERS AND SIDEWALKS. +   No owner, agent or occupant of any lot in the city shall allow weeds or +grass to grow or remain upon the sidewalks so as to obstruct the sidewalks or +gutters fronting or abutting on any lot of which they may be the owner, agent +or occupant. A person who fails to remove or to have removed such weeds or +grass on the sidewalk or gutters in front of, adjoining or abutting on his lot, +after 10 days notice to remove them, is guilty of an offense. Each day after +notification is a separate offense. (Code 1941, Art. 140-8; Ord. 19963) +SEC. 43-16.   THROWING FRUIT PEELINGS ONSIDEWALKS. +   No person shall throw banana peelings or fruit peelings of any kind upon any +public sidewalk in the city. (Code 1941, Art. 140-9) +SEC. 43-17.   PLAYING BALL, THROWING STONES, ETC., IN STREETS. +   No person shall play at a game of ball, practice at passing a ball, throw +stones, use a slingshot or sling, or discharge gravel, marbles, shot or any +other object or anything, out of a gravel shooter, blow gun or other device of +like kind or character along, across or upon any highway, street or alley in +the city. (Code 1941, Art. 140-10; Ord. 12700) +SEC. 43-18.   SKATING ON STREETS AND SIDEWALKS. +   No person shall skate on roller skates or otherwise along, upon or across +any street in the city except when crossing a street at an authorized +pedestrian crossing. Whenever a person is skating on a sidewalk either on +roller skates or skate board, the person shall yield the right of way to any +pedestrian using such sidewalk. (Code 1941, Art. 140-11; Ord. Nos. 11003; +16691) +SEC. 43-19.   MIXING CONCRETE ON PAVED STREETS. +   No person shall mix concrete on any paved street in the city except on a +platform or in a box or other receptacle so constructed as to prevent the +concrete from falling on the pavement of such street. (Code 1941, Art. 140-12) +SEC. 43-20.   RESERVED. +   (Repealed by Ord. 14762) +SEC. 43-21.   PERMITS REQUIRED FOR ALTERATIONS, OBSTRUCTIONS, ETC., OF SEWERS, +GUTTERS, ETC. +   No person, under any pretext whatever, shall interfere with, obstruct, +injure or alter in any manner any sewer, culvert, gutter or drain in the city +without a written permit from the city engineer. Each day such interference, +obstruction, alteration or injury shall be permitted to remain after a +notification by the city engineer to remove the same shall constitute a +separate offense. (Code 1941, Art. 140-14) +SEC. 43-22.   MARKING SIDEWALKS WITH STENCILS, ETC. +   No person shall deface by placing upon a sidewalk in the city any marks or +signs by stencils or otherwise of any nature or character whatsoever. (Code +1941, Art. 140-15) +SEC. 43-23.   INJURING OR DEFACING STREET SIGNS AND SIGNPOSTS. +   No person shall abuse, deface or injure any street signs maintained on the +streets by the city by throwing any rocks, stones or other hard substances +against same, by scratching or defacing same in any manner, or otherwise +injuring same in any manner, or injure or deface the posts upon which such +signs are erected by throwing any rocks, stones or other hard substances +against same or by scratching, cutting or defacing same in any manner. (Code +1941, Art. 140-16) +SEC. 43-24.   HEAVY ARTICLES NOT TO BE CARRIED ALONG SIDEWALKS. +   No person shall move or carry any safe or other heavy article over, across, +along or upon any sidewalk in the city or over, along, across or upon any +timbers or other substance resting either wholly or partially upon any +sidewalk. (Code 1941, Art. 140-23) +SEC. 43-25.   RESERVED. +   (Repealed by Ord. 12408) +ARTICLE II. +AWNINGS. +SEC. 43-26.   HEIGHT ABOVE SIDEWALK. +   No person shall erect or construct any awnings on, over or across any +sidewalk in the city lower, at any point, than eight feet from the surface of +the sidewalk. (Code 1941, Art. 139-8; Ord. 20743) +SEC. 43-27.   FASTENING TO BUILDINGS; SUPPORTS. +   All awnings shall be securely fastened to the side of the building and shall +be firmly supported by iron brackets. (Code 1941, Art. 139-8) +SEC. 43-28   COVERINGS TO BE FIREPROOF; EXCEPTIONS. +   All awnings, except cloth awnings, within the fire limits, shall be covered +with tin, sheet iron, zinc or some fireproof material. (Code 1941, Art. 139-8) +SEC. 43-29.   AWNING POSTS. +   No person shall erect any awning post on any sidewalk in the city. All +awning posts now standing on any sidewalk shall be removed as soon as the +awnings they support are removed for repairs or other purposes. (Code 1941, +Art. 139-8) +SEC. 43-30.   EXTENDING OVER PUBLIC PROPERTY. +   No awning shall extend over public property further than to the outer edge +of the sidewalk. (Code 1941, Art. 139-8) +ARTICLE III. +CONSTRUCTION AND REPAIR OF SIDEWALKS, CURBS AND DRIVEWAY APPROACHES. +Division 1. Generally. +Subdivision I. In General. +SEC. 43-31.   PURPOSE OF ARTICLE. +   The purpose and intent of this article is to provide minimum standards, +provisions and requirements for safe and convenient access to abutting private +property along streets, roads and highways and to provide for suitable +materials and methods of construction of sidewalks, driveways, curbs, gutters +and appurtenances on public property which are constructed, surfaced, paved, +changed, altered, repaired, replaced, removed or eliminated or changed in use. +The intent herein is to assure that access is provided to abutting private +property with a minimum of interference with the free and safe movement of +vehicular and pedestrian traffic, to prevent traffic congestion along the +streets and to prevent or alleviate traffic congestion arising from vehicular +entry to or exit from abutting private property. This article shall be deemed +to be remedial and is enacted for the beneficial interests of the public and +for the public safety and general welfare. The right of the public to the free +and unhampered passage on the streets and sidewalks shall be held paramount to +other interest. (Ord. 8590) +SEC. 43-32.   DEFINITIONS. +   In this article: +      (1)   ANGLE PARKING means parking where the longitudinal axis of a +vehicle forms an angle with the alignment of the roadway. +      (2)   ARTERIAL means a street designated as either a principal or minor +arterial in the city’s thoroughfare plan. +      (3)   A.S.T.M. (AMERICAN SOCIETY FOR TESTING MATERIALS) means any +publication, pamphlet, booklet, book, or document referred to by number, +letter, or other designation in this article in connection with this +definition, as amended. Such publication is a part of this article and +incorporated into this article by reference. +      (4)   CONTRACTOR means any person engaged in the business of installing +or altering walks, drives, curbs, gutters, or pavements or appurtenances on +public property. This term also includes those who represent themselves to be +engaged in the business whether actually doing the work or not and includes any +person who subcontracts to do such work. +      (5)   CURB means a vertical or sloping member along the edge of a +pavement forming part of a gutter, strengthening or protecting the pavement +edge, and clearly defining the pavement edge to vehicle operators. The surface +at the curb facing the general direction of the pavement is called the “face.” +      (6)   DIRECTOR means the director of the department designated by the +city manager to enforce and administer this article, or the director’s +authorized representative. +      (7)   DRIVEWAY APPROACH means an area, construction, or facility between +the roadway of a public street and private property intended to provide access +for vehicles from the roadway of a public street to private property. +      (8)   GUTTER means the artificially surfaced and generally shallow +waterway provided usually at the side of the street adjacent to, and part of, +the curb of the curb for the drainage of surface water. +      (9)   INDENTED PARKING means angle parking or parallel parking adjacent +to, but outside of, the travel lane of a public roadway where a portion of the +public roadway is required for maneuvering into or out of the parking space. +      (10)   INTERSECTION means the area embraced within the prolongation of +connection of the edges of the roadway of two or more streets that join at an +angle whether or not one such street crosses the other. Where a street includes +two roadways 30 feet or more apart, then each crossing of each roadway of such +divided street by an intersecting street is regarded as a separate +intersection. If the intersecting street also includes two or more roadways 30 +feet or more apart, then each crossing of each roadway of such street is +regarded as a separate intersection. +      (11)   OFF-STREET PARKING means a type of parking wherein the maneuvering +of the vehicle while parking and unparking, as well as the actual parking +itself, is done entirely on private property. +      (12)   ROADWAY means that portion of a highway, street, or road that is +improved, designed, or ordinarily used for vehicular travel. If a street +includes two or more separate roadways, the term “roadway” refers to each +roadway separately and not to all roadways collectively. +      (13)   SIDEWALK OR WALK means that portion of a street between the curb +lines or the lateral lines of a roadway and the adjacent property lines that is +for the use of pedestrians. +      (14)   SINGLE FAMILY DISTRICT means any of the single family districts +described in Section +51A-4.112 of the Dallas Development Code, as amended. +      (15)   STREET means a public way for purposes of vehicular travel, +including the entire area within the right of way. This term in urban areas +means a highway or street and in rural areas means a highway or road. +      (16)   STREET SEGMENT means the portion of a street between two +intersections. +      (17)   TRAFFIC ISLAND means a barrier within a roadway to exclude +vehicles, designed for the purpose of separating or directing streams of +vehicular traffic. (Ord. Nos. 8590; 21186; 22026; 27227) +SEC. 43-33.   LIABILITY OF ABUTTING PROPERTY OWNERS FOR INJURIES CAUSED BY +DEFECTIVE SIDEWALKS. +   The abutting property owner or person enjoying the use of any property +abutting on a sidewalk that has become defective and has resulted in causing +damage or injury as a result of such defective condition shall be primarily +liable in damages for any loss or damage sustained as a result of such +defective condition. The city shall not be held as assuming any such liability +by reason of inspection or reinspection authorized herein or by reason of the +approval or disapproval of any access, facilities, surfacing or appurtenance +not made in accordance with standards or specifications of this article. (Ord. +Nos. 8590; 15123) +SEC. 43-34.   LIABILITY OF PERSONS MAKING SPECIAL USE OF SIDEWALKS. +    It shall be the duty of any property owner, landlord, tenant, lessee, +sublessee, person, firm or corporation making special use of any sidewalk for +the purpose of ingress or egress, for loading elevators, downspout drains or +any other special use of whatsoever kind or character, whether recited herein +or not, to keep such sidewalk, parkway and driveway abutting such property in a +good and safe condition and free from any defects or hazards of whatsoever kind +and character. Such special user shall be liable in damages for any loss or +damage sustained as a result of any defective condition of the sidewalk, +driveway, loading elevator, downspout drain or any other special use or +facility of whatsoever kind or character. (Ord. Nos. 8590; 15123) +SEC. 43-35.   ADMINISTRATION AND ENFORCEMENT OF ARTICLE; POLICE POWER OF +DIRECTOR. +   The director shall administer and enforce this article and, for this +purpose, shall have police power. (Ord. Nos. 8590; 22026) +SEC. 43-36.   DIRECTOR NOT PERSONALLY LIABLE FOR GOOD FAITH ACTIONS. +   When action is taken by the director to enforce this article, such action is +in the name of and on behalf of the city, and the director so acting for the +city is not personally liable for any damage that may accrue to persons or +property as a result of any action committed in good faith in the discharge of +official duties. Any suit brought against the director by reason thereof will +be defended by the city attorney throughout the proceedings. (Ord. Nos. 8590; +22026) +SEC. 43-37.   AUTHORITY OF DIRECTOR GENERALLY. +   (a)   The director has authority to take the legal steps necessary to secure +compliance with this article. +   (b)   The director has the right to enter any premises in the discharge of +official duties or for the purpose of making any inspection, reinspection, or +test or otherwise to ensure compliance with this article. +   (c)   The director has the power to inspect or reinspect surfacing and the +laying of surfacing materials and issue notices or affix them to premises or to +reject surfacing materials not meeting the standards provided in this article, +and shall have such other powers provided in this article. The director has the +power to control and regulate improvements and facilities placed upon public +property and the power to cause to be removed all obstructions and +encroachments not in conformance with a valid permit and the requirements of +this article. (Ord. Nos. 8590; 22026) +SEC. 43-38.   EFFECT OF ARTICLE ON RESPONSIBILITY FOR DAMAGES. +   This article shall not be construed to relieve from or to lessen the +responsibility or liability for damages of any person owning, controlling or +installing any surfaces to persons or property caused by any defect therein. +(Ord. 8590) +SEC. 43-39.   CONSTRUCTION PERMIT - REQUIRED. +   No person shall construct, reconstruct, alter, repair, remove, replace, +pave, repave, surface or resurface any walk, drive, curb, gutter, paved area or +appurtenance on public property in the city without first obtaining from the +building inspector a permit so to do. (Ord. 8590) +SEC. 43-40.   SAME - APPLICATION - INFORMATION TO BE FURNISHED BY APPLICANTS. +   To obtain a permit as required by the preceding section, a bonded contractor +or his authorized representative shall file with the building inspector an +application in writing therefor on a form to be furnished for that purpose. +Such bonded contractor shall be registered with the building inspector and +shall furnish a list of the authorized representatives who are to secure +permits for him. Each application for a permit shall describe the abutting +property adjacent to which the proposed work on public property is to be done, +either by lot, block or tract and house number, location on the street or +similar description which will readily identify and definitely locate the site +of the proposed work. Each applicant shall give such other pertinent +information as shall be required by the building inspector. (Ord. 8590) +SEC. 43-41.   SAME - SAME - LOT PLAN TO BE FURNISHED WHEN REQUESTED. +   When required by the building inspector, an applicant for a permit shall +file a lot or plot plan in triplicate showing the following: +   (1)   The exact location of the proposed building or structure. +   (2)   Every existing building or structure on abutting property. +   (3)   Every existing facility on public property adjacent thereto to the +center line of the street right of way. +   (4)   All proposed walks, drives, curbs, gutters, pavements, public utility +poles, fire hydrants, gas meters, water meters, storm sewer inlets, manholes or +any other appurtenances. +   Such plan shall be drawn to scale upon substantial paper and shall be of +sufficient clarity to indicate the nature, character and extent of the work +proposed, and shall show in detail that the work will conform to this article +and to all related rules and regulations. Plans submitted at the time an +application is made as provided in the Building Code, for construction on +abutting property, may be used to meet this requirement. (Ord. 8590) +SEC. 43-42.   SAME - EXPIRATION; NEW PERMITREQUIRED BEFORE RECOMMENCING WORK. +   Each permit shall expire and become null and void if the work authorized +therein is not commenced within six months of the date of permit or if the work +authorized by the permit is suspended or abandoned after the expiration of the +initial six month period. Before the work may be recommenced a new permit shall +be obtained. No permit issued in violation of this article shall operate as +granting any vested right, and such permit shall be deemed to be null and void +and confer no right whatsoever under it. (Ord. 8590) +SEC. 43-43.   SURETY BOND - REQUIRED. +   No person shall construct, reconstruct or repair any sidewalk, curb, gutter +or driveway approach in the city without executing and delivering to the city a +bond in the sum of $2,000, payable to the city of Dallas, Dallas County, Texas, +with a good and sufficient corporate surety thereon, authorized to do business +in the state, (Ord. 8590) +SEC. 43-44.   SURETY BOND - CONDITIONS OF ISSUANCE. +   (a)   The surety bond required by Section +43-43 must include the following conditions: +      (1)   that all work is done in a good and workmanlike manner and in +faithful and strict compliance with the specifications and with the terms of +this article and such ordinances, resolutions, or regulations that may be +passed by the governing body relating to the construction, reconstruction, or +repair of sidewalks, curbs, gutters, or driveway approaches; +      (2)   that the city must be fully indemnified and be held whole and +harmless from any and all costs, expense, or damage, whether real or asserted, +on account of any injury done to any person or property in the prosecution of +such work, or that may arise out of or be occasioned by the performance of such +work; +      (3)   that the person performing the work shall, without additional cost +to the person for whom the work was done, maintain all construction for a +period of five years from the date of the construction, reconstruction, or +repair, to the satisfaction of the director, and reconstruct or repair the +facility to the satisfaction of the director at any time within five years +after the construction, reconstruction, or repair of such facility, and after +10 days’ notice from the director to reconstruct or repair the same. +   (b)   The opinion of the director as to the necessity of such reconstruction +or repair is binding on all parties, and the bond must for such purpose be in +force for five years after the construction, reconstruction, or repair of the +facility. One recovery may not exhaust the bond, but the bond must be a +continuing obligation against the sureties on it until the entire amount +provided for is exhausted. +   (c)   If the bond is decreased because of any recovery that may be obtained, +arising out of the violation of any condition of the bond, the governing body +shall require, upon receiving notice of that fact, an additional bond to be +given by any person in accordance with this article in an amount sufficient, +when added to the unexhausted amount of the original bond, to be at all times +equal to the sum of $2,000. +   (d)   The city may for itself, or for the use and benefit of any person +injured or damaged by reason of any defective construction, reconstruction, or +repair of any sidewalk, curb, gutter, or driveway approach by any person, firm, +or corporation, maintain suit on the bond in any court having jurisdiction, or +suit may be maintained by any person injured or damaged by reason of the +failure of any person, firm, or corporation who constructs, reconstructs, or +repairs any sidewalk, curb, gutters or driveway approach in the city to observe +the conditions of the bond. (Ord. Nos. 8590; 22026) +SEC. 43-45.   SAME - EFFECT OF ARTICLE ON PERSONS NOW ENGAGED IN CONSTRUCTION, +ETC. +   Nothing in this article shall affect the bond of any person, firm or +corporation now engaged in constructing, reconstructing or repairing such +facilities which have already been executed in accordance with the terms of +existing city laws, nor shall this be construed to in any manner diminish the +liability of any surety or principal on such bond. No person having a bond to +construct, reconstruct, alter, repair, remove or replace sidewalks, curbs, +gutters or driveways on public property within the city shall be permitted to +take out a permit for the reconstruction, alteration or repair of any such +facility on any public property within the city and allow any person other than +the bona fide holder of such bond to do any of the work. No permit for the +construction, alteration or repair of any sidewalk, curb, gutter or driveway on +any public property within the city shall be granted unless the five year +maintenance bond provided for herein shall be in full force and effect at the +time of request for such permit and the doing of the work. (Ord. 8590) +SEC. 43-46.   STANDARDS FOR RAW MATERIALS USED IN CONSTRUCTION. +   Materials used in sidewalks, curbs, drives, gutters, and pavements shall be +in accordance with the following standards: +   CEMENT. Portland cement shall conform to the Standard Specifications for +Portland Cement (Serial Designation C-150-56) of the A.S.T.M. High-Early- +Strength Portland Cement shall conform to the standard specifications for High- +Early-Strength Portland Cement (Serial Designation C-150-56) of the A.S.T.M. +    FINE AGGREGATE. Fine aggregate shall consist of a natural sand or a +combination of natural sand and not more than 50 percent of stone screenings. +Sand shall be uniformly graded, composed of clean, hard, durable particles of +natural materials free from adherent coatings. It shall contain no lumps, soft +or flaky particles, clay, loam, foreign, organic, or other deleterious matter. +Stone screenings shall consist of the clean, dustless product resulting from +the crushing of stone or gravel, meeting all the requirements for coarse +aggregate except for grading. Fine aggregate containing more than five per cent +by weight of deleterious substances shall not be used. Fine aggregate shall be +well graded in size from coarse to fine, and shall conform to the city of +Dallas Addendum to the Public Works Construction Standards – North Central +Texas as Published by the North Central Texas Council of Governments, current +edition. +   All tests for fine aggregate shall be made in accordance with the current +applicable methods of tests of the A.S.T.M. +   COARSE AGGREGATE. Coarse aggregate shall consist of the uniformly graded, +clean, hard, durable, uncoated particles of natural gravel or crushed stone or +gravel, free from adhering coatings. Coarse aggregate shall not contain more +than five per cent by weight of deleterious substances. Coarse aggregate shall +be well graded in size from coarse to fine, and shall conform to the city of +Dallas Addendum to the Public Works Construction Standards – North Central +Texas as Published by the North Central Texas Council of Governments, current +edition. +   All tests for coarse aggregate shall be made in accordance with the current +applicable methods of tests of the A.S.T.M. +   PIT-RUN AGGREGATE. Pit-run aggregate will be permitted provided that portion +passing the No. 4 sieve shall conform to these specifications for fine +aggregate, and that portion retained on the No. 4 sieve shall conform to these +specifications for coarse aggregate. +   WATER. Water used in mixing and curing concrete and mortar shall be clean +and free from oil, acid, alkali, foreign organic matter, or other deleterious +substances. (Ord. Nos. 8590; 31313) +SEC. 43-47.   SPECIFICATIONS FOR CONCRETE REINFORCING STEEL. +   Material for reinforcement shall conform to requirements of the Standard +Specifications for Billet Steel Bars for Concrete Reinforcement (A.S.T.M. +Designation A-15-57T) for structural, intermediate or hard grade; or for Rail +Steel Bars for Concrete Reinforcement (A.S.T.M. Designation A-16-57-T) or for +Axle Steel Bars for Concrete Reinforcement (A.S.T.M. Designation A-160-57T) or +for Cold-Drawn Steel Wire for Concrete Reinforcement (A.S.T.M. Designation A- +82-34) or for Welded Steel Wire Fabric for Concrete Reinforcement (A.S.T.M. +Designation A-185-56T). All reinforcement shall be free from rust, scale, oil, +paint and other substances which prevent bonding to the concrete. (Ord. 8590) +SEC. 43-48.   SPECIFICATIONS AND PLACEMENT OF CONCRETE EXPANSION JOINT FILLER. +   Expansion joint filler shall be of the pre-moulded type, one-half inch in +thickness; the width shall conform to the section of concrete in which +incorporated. Expansion joint filler shall be placed where new work abuts old +concrete work. Upon completion of the work, expansion joint filler shall be cut +off level with the top of the finished concrete. Expansion joint filler shall +conform to the Standard Specifications for Bituminous Types (A.S.T.M. +Designation D-994-53) or Non-extruding and Resilient Types (A.S.T.M. +Designation D-544-56T). (Ord. 8590) +SEC. 43-49.   SUBGRADE DETERMINATION. +   Foundations or subgrades for all work shall be set at the grades determined +by the director. Inspection of such foundation or subgrade must be made and +approved by the director before concrete is placed on it. (Ord. Nos. 8590; +22026) +SEC. 43-50.   FORM, SPECIFICATIONS, AND PLACEMENT. +   Forms must be straight, smooth, free from warps, and aligned with the stakes +set by the director and must be of sufficient strength to retain this +alignment. Depth must be not less than the total thickness of the section for +which used. Forms must be securely staked, anchored, braced, and set to the +established line and grade, the upper edge conforming to the grade of the +finished work. Forms must be cleaned of all mortar and dirt. Surface for forms +next to concrete may be required to be oiled. Forms must be of either wood or +metal. (Ord. Nos. 8590; 22026) +SEC. 43-51.   CONCRETE - INGREDIENTS AND CONSISTENCY REQUIRED. +   Concrete shall consist of a mixture of Portland cement, fine and coarse +aggregate and water in such proportions that will secure a dense, plastic, +workable concrete of the strength specified at 28 days. The quantity of water +specified per sack of Portland cement shall include the moisture on the surface +of the aggregate, but shall not include the amount of water absorbed by the +aggregates in 30 minutes. Concrete which has partially set shall not be +retempered or remixed by adding additional ingredients. Concrete shall not be +mixed during freezing weather, and shall not be placed when the temperature is +40°F. or less. No frozen ingredients or conglomerates shall be used in +concrete. Test for slump of concrete shall be made in accordance with the +Method of Test for Consistency of Portland Cement Concrete (Serial Designation +C-143-52) of the A.S.T.M. All tests for ingredients and concrete shall be made +in accordance with the current applicable methods of tests of the A.S.T.M. +(Ord. 8590) +SEC. 43-52.   SAME - PLACEMENT. +   Concrete shall be placed in as near its final position as possible, and in +such manner as to prevent separation or segregation of the ingredients. +Concrete shall be placed in such quantities that after being thoroughly +compacted it will be the required thickness, the upper surface true, uniform +and parallel to the finished surface. (Ord. 8590) +SEC. 43-53.   SAME - PROTECTING AGAINST EXTREME TEMPERATURES, ETC. +   Concrete shall be protected against freezing or excessive heat. Concrete +shall be kept continuously moist for four days. Concrete shall be protected +from traffic until it has developed 80 percent of the required strength. (Ord. +8590) +SEC. 43-54.   EXAMINATION AND APPROVAL OF MATERIALS PRIOR TO USE. +   The director may inspect any and all materials before pouring the concrete. +The contractor shall furnish the required samples when requested for the making +of tests and other required examinations prior to the use of the materials. +(Ord. Nos. 8590; 22026) +SEC. 43-55.   ALL WORK TO COMPLY WITH ESTABLISHED LINES AND GRADES. +   The work authorized by construction permits issued pursuant to this article +must be aligned with the stakes and set to the grade as determined by the +director. (Ord. Nos. 8590; 22026) +SEC. 43-56.   PROTECTION OF GRADE AND LINE STAKES. +   Stakes set by the director must be protected by the contractor. Grade and +line stakes must be set by the director upon request. (Ord. Nos. 8590; 22026) +SEC. 43-57.   LIGHTS AND SAFEGUARDS. +   The contractor shall provide necessary red lanterns and flares and +safeguards so placed that pedestrians will not be injured and vehicular traffic +shall not be unnecessarily impeded and be protected from injury. Provisions +shall be made for the passage of water in the street gutter. (Ord. 8590) +SEC. 43-58.   REMOVAL OF DEBRIS, ETC., UPON COMPLETION OF WORK. +   Immediately upon completion of the work the contractor shall remove from the +area all unused material, dirt, debris and loose concrete. He shall see that +the entire area is broom clean and usable. (Ord. 8590) +SEC. 43-59.   CONSTRUCTION OF RETAINING WALLS ON PUBLIC PROPERTY. +   No buttresses, steps, projections, retaining walls or fences shall be +constructed on any public property unless such construction is approved by the +city council. (Ord. 8590) +SEC. 43-60.   TRAFFIC BARRIERS FOR SERVICE STATIONS AND PARKING LOTS. +   Premises used as motor vehicle service stations or parking lots shall have a +six inch raised curb or other approved traffic barrier along the entire street +frontage except at the driveway approaches and access walks. (Ord. 8590) +SEC. 43-61.   SAME - PLACEMENT OF CURBS. +   The curb for traffic barriers required by the preceding section shall be +placed so that automobile bumpers shall not extend over the sidewalk or public +property. (Ord. 8590) +SEC 43-62.   INDENTED PARKING. +   (a)   No indented parking is allowed in the city except as approved in +accordance with this section. +   (b)   The director may approve an application for indented parking if: +      (1)   the speed limit for the portion of the public roadway required for +maneuvering into or out of the proposed indented parking space or spaces is 35 +miles per hour or less; +      (2)   the director determines that the proposed indented parking would +not constitute a traffic hazard; and +      (3)   the application is not required to be denied on the basis of +property owner objections under Subsection (e). +   (c)   An application for indented parking must be submitted to the director, +along with a nonrefundable application fee of $50, and include: +      (1)   a schematic drawing that: +         (A)   shows the proposed parking lay- out, the roadway pavement, +adjacent uses, nearby right-of-way, curbs, sidewalks, utility poles, street +lighting poles, and other above-ground objects; +         (B)   shows that all geometric, operational, and safety issues have +been addressed and mitigated; +         (C)   is prepared by a professional engineer who is registered in +Texas and certified as a professional traffic operations engineer by the +Institute of Transportation Engineers; and +         (D)   complies with all available standards and best practices for +angle parking or parallel parking; and +      (2)   any other information the director deems necessary. +   (d)   If, after reviewing the application, the director determines that the +proposed indented parking meets the requirements of Subsections (b)(1) and (b) +(2), but is located within 200 feet of a single family district, then the +director shall send written notice of the indented parking proposal to all +property owners located within 200 feet of the proposed indented parking. The +notice must be given by depositing the notice properly addressed and postage +paid in the United States mail to the property owners as evidenced by the last +approved city tax roll. +   (e)   After receiving a notice under Subsection (d), a property owner has 14 +days from the date the notice is mailed to file an objection to the indented +parking proposal with the director. If any property owner notified under +Subsection (d) timely files an objection with the director, then the director +shall deny the application for indented parking. +   (f)   If the only basis for director’s denial is that an objection was +timely filed under Subsection (e), then the applicant may appeal the denial to +the city plan commission. A written request for an appeal must be signed by the +applicant or its legal representative and filed with the director within 15 +days after the date the director’s decision is issued. The appeal request must +be accompanied by an appeal filing fee of $800. +   (g)   The city plan commission shall hold a public hearing to allow +interested parties to express their views regarding the appeal. The director +shall give notice of the public hearing in a newspaper of general circulation +in the city at least 10 days before the hearing. In addition, the director +shall send written notice of the hearing to all property owners located within +200 feet of the proposed indented parking. The notice must be given not less +than 10 days before the date set for the hearing by depositing the notice +properly addressed and postage paid in the United States mail to the property +owners as evidenced by the last approved city tax roll. +   (h)   At the public hearing, the city plan commission shall determine +whether the requested parking would detrimentally affect neighboring property. +The city plan commission may reverse or affirm, in whole or in part, or modify +the decision of the director based upon testimony presented at the public +hearing, technical information provided by city staff, and the standards +contained in this section. The decision of the commission is final. +   (i)   For purposes of this section, measurements must be made in a straight +line, without regard to intervening structures or objects, from the nearest +point of any proposed indented parking space to the nearest point of the +boundary of a single-family district or other property required to receive +notice under Subsection (d) or (g). +   (j)   Nothing in this section limits the authority of the city traffic +engineer to approve parking under Chapter 28 of this code. (Ord. Nos. 8590; +11283; 27227) +SEC. 43-63.   REPAIR OF DEFECTIVE SIDEWALKS OR DRIVEWAYS BY ABUTTING PROPERTY +OWNERS. +   (a)   When a sidewalk, driveway, or any appurtenance to a sidewalk or +driveway becomes defective, unsafe, or hazardous, the abutting property owner +shall reconstruct or repair the sidewalk, driveway, or appurtenance, and the +expense of such work must be borne by the abutting property owner. +   (b)   When a sidewalk, driveway, or appurtenance to a sidewalk or driveway +is found to be defective, unsafe or hazardous, the director of public works or +the director of code compliance shall notify the owner of the abutting property +to reconstruct or repair the sidewalk, driveway, or appurtenance. +   (c)   Any owner who fails to reconstruct or repair a defective, unsafe, or +hazardous condition within 30 days after the date of the written notice from +the director of public works or the director of code compliance to do so, or +any owner who fails to begin such reconstruction or repair within 15 days after +the date of such notice, is guilty of an offense. (Ord. Nos. 8590; 13898; +19963; 22026; 23694; 30239; 30654) +SEC. 43-64.   MIXING CONCRETE OR MORTAR ON EXISTING PAVEMENT; UNUSED MIXTURE TO +BE IMMEDIATELY REMOVED. +   No person shall mix concrete or mortar or any mixture or substance +containing cement on any existing pavement on public property nor leave or +cause to be left any excess concrete or mortar or any mixture or substance +containing cement on any existing pavement on public property, nor allow same +to leak or fall from any container or receptacle onto pavement on public +property. If any concrete, mortar or any mixture or substance containing cement +is accidentally dropped or placed upon any pavement on public property within +the city, the person responsible shall immediately remove same before such +substance hardens or sets on the pavement. (Ord. 8590) +SEC. 43-65.   SIDEWALK DRAINAGE OPENINGS TO HAVE METAL COVERS. +   Wherever water from roofs of adjacent buildings is drained or conducted +under sidewalks from downspout drains to the street gutters through aqueducts +or concrete troughs, these openings in the sidewalk shall be fitted with strong +metal covers, which shall be securely held in place with screws or other +fasteners which will not rust or corrode. Such cover shall be set flush with +the surface of the sidewalk and securely bolted, fastened or so constructed +that it cannot slip, shift or become out of alignment with the surface of the +sidewalk. (Ord. 8590) +SEC. 43-66.   ALTERNATIVE MATERIALS AND CONSTRUCTION METHODS. +   (a)   The provisions of this article do not prevent the use of types of +construction or materials or methods of construction offered as an alternate +for the types of construction or materials or methods of construction +specifically required by this article, but such alternate types of construction +or materials or methods of construction to be given consideration must be +offered for approval as being sufficient, safe, and equal to the standards set +out in this article. When specifically authorized by the building official, +upon review of the access facilities and the types of construction or materials +or methods of construction by the director, materials and construction that +have been so approved must be used and installed in accordance with the terms +of the approval. Such approvals and the conditions upon which they are issued +must be specific, must be reasonable when considered in the light of +convenience and safety to the general public, must not create an injustice, and +must be made a matter of public record. +   (b)   In unusual circumstances, the terms and provisions of this chapter may +be varied by resolution of the city council. (Ord. Nos. 8590; 22026) +Subdivision II. Sidewalks. +SEC. 43-67.   MINIMUM DIMENSIONS; FINISHING. +   Sidewalks shall be a minimum width of four feet and shall be four inches +thick unless wider dimensions are required in the Street Design Manual of the +city of Dallas. The surface may have a monolithic finish by floating with a +wooden float until a slight excess of sand appears on the surfaces or may be +brushed after troweling in lieu of floating. The edges of the sidewalk, +markings and expansion joints shall be tooled to a smooth finish, not less than +two inches in width. Exposed edges of the sidewalk shall be rounded with an +edger to a radius of one-half inch. The surface of the sidewalk shall not be +left with a slick or glossy finish. (Ord. 8590; 31313) +SEC. 43-68.   CONCRETE SPECIFICATIONS. +   (a)   The minimum compressive strength of the concrete and requirements for +the quantity of mixing water and the concrete slump must conform to the city of +Dallas Addendum to the Public Works Construction Standards – North Central +Texas as Published by the North Central Texas Council of Governments, current +edition. +   (b)   The director may inspect the foundation and forms before concrete is +poured. +   (c)   Concrete must be thoroughly compacted so that the minimum thickness is +four inches. Concrete must be free from honey-combing, rock pockets and +segregation of ingredients. The addition of neat cement to concrete in order to +absorb excess water or to accelerate hardening is prohibited. (Ord. Nos. 8590; +22026; 31313) +SEC. 43-69.   FORM, PLACEMENT AND SLOPE. +   Forms shall be set to provide for drainage from the property line to the +curb line; the slope in general will be one-fourth inch per foot of width of +sidewalk, and it shall not exceed one-fourth inch per foot of width of +sidewalk. (Ord. 8590) +SEC. 43-70.   JOINTS. +   One-half inch expansion joints shall be spaced 25 to 30 foot intervals or as +otherwise specified and shall be placed where new work abuts old work, or where +new work is constructed adjacent to either concrete work, walls, foundations, +etc. The expansion joints shall be filled with premoulded bituminous expansion +joint filler or other approved type and shall extend the entire depth and width +of the concrete section. Sidewalk markings shall be grooved three-eights inch +deep on four to five foot centers. (Ord. 8590) +Division 2. Material Specifications and Construction Methods. +Subdivision I. Curbs and Gutters. +SEC. 43-71.   DESCRIPTION; COMPOSITION OF CONCRETE AND MORTAR USED IN +CONSTRUCTION. +   Curb, curb and gutter and separate gutter shall consist of a concrete core +and a mortar surface. +   The minimum compressive strength of the concrete and requirements for the +quantity of mixing water and the concrete slump must conform to the city of +Dallas Addendum to Public Works Construction Standards – North Central Texas as +published by the North Central Texas Council of Governments, current edition. +Mortar shall be composed of one part Portland cement, one and one-half parts +fine aggregate and water. (Ord. 8590; 31313) +SEC. 43-72.   CONSTRUCTION OF JOINTS. +   Three-fourths inch expansion joints shall be spaced at 25 to 30 foot +intervals or as otherwise specified. The three-fourths inch expansion joints +shall be filled with a three-fourths inch premoulded bituminous expansion joint +filler or other approved type and shall extend the entire depth and width of +the concrete section. Curb and gutter shall be grooved three-eights inch deep +on five-foot centers. (Ord. 8590) +SEC. 43-73.��  FORMS. +   Wooden forms shall have a nominal thickness of two inches, surfaced one side +and one edge and shall be straight and devoid of warps, twists, knot holes and +other defects to prevent leakage of concrete or mortar. (Ord. 8590) +SEC. 43-74.   PLACEMENT OF CONCRETE AND MORTAR. +   (a)   Foundation or subgrade for all work must be set at the grades +determined by the director. The director may inspect the foundation, subgrade, +and reinforcing before concrete is poured. +   (b)   Concrete must be thoroughly compacted so that the minimum thickness +conforms to the requirements of this article. Concrete must be free from +honeycombing, rock pockets, and separation and segregation of ingredients. Upon +completion of the concrete core, the one-half inch mortar surface must be +placed while the core is still green, the work being carried on uniformly so +that a perfect bond is obtained between the concrete core and mortar surface. +(Ord. Nos. 8590; 22026) +SEC. 43-75.   FINISHING. +   The mortar surface shall be thoroughly troweled, not less than twice, to a +uniformly smooth surface and brush finished. Exposed edges of the gutter and +back of curb shall be rounded to a one-half inch radius. (Ord. 8590) +SEC. 43-76.   PROTECTION OF NEW WORK FROM TRAFFIC; BACKFILLING. +   Curb, curb and gutter and separate gutter shall be protected from vehicular +traffic for not less than six days. +   Earth or sand shall be used for backfill and shall be thoroughly compacted, +care being taken not to injure the completed work. (Ord. 8590) +SEC. 43-77.   FINAL DIMENSIONS; GUTTER RATIO REQUIRED FOR CURB FACING; DWELLING +FOR DRIVEWAY CONSTRUCTION. +   Curb and gutter shall have the back 12 inches deep and vertical. Curb shall +be six inches thick at the top, face battered 1:3. The gutter shall be +uniformly six inches thick and a minimum of 24 inches in width, except where +gutter joins gutter of a greater width. +   Where driveways are to be constructed, the curb may be laid back, radius +begun and No. 3 (three-eights inch diameter) round bars, exposed 15 inches, +placed on 24 inches center to center for dowels. (Ord. 8590) +Subdivision II. Driveway Approaches. +SEC. 43-78.   SPECIFICATIONS FOR MATERIALS USED IN CONSTRUCTION. +   Driveway approaches shall conform to the following standards: +   CONCRETE. Driveway approaches shall be constructed of one-course concrete, +reinforced, with a six inch minimum thickness. The minimum compressive strength +of the concrete and requirements for the quantity of mixing water and the +concrete slump must conform to the city of Dallas Addendum to the Public Works +Construction Standards – North Central Texas as published by the North Texas +Council of Governments, current edition. +   REINFORCING STEEL. Reinforcement shall consist of No. 3 (three-eighths inch +diameter) round bars placed not more than 24 inches on centers, both +directions. Where steel is lapped, the lap shall be not less than 15 inches. +(Ord. Nos. 8590; 31313) +SEC. 43-79.   PLACEMENT AND COMPACTION OF CONCRETE. +   (a)   The director may inspect the foundation, forms, and reinforcing before +concrete is poured. +   (b)   Concrete must be thoroughly compacted with an open faced tamper and +struck off with a straight edge so that the minimum thickness is six inches. +Concrete must be free from honeycombing, rock pockets, and segregation of +ingredients. (Ord. Nos. 8590; 22026) +SEC. 43-80.   FINISHING. +   The surface may have a monolithic finish by floating with a wooden float +until a slight excess of sand appears on the surface or may be brushed after +troweling in lieu of floating. In no case shall the surface be left slick or +with a glossy finish. Exposed edges of driveway shall be rounded with an edger +to a radius of one-half inch. (Ord. 8590) +SEC. 43-81.   PROTECTION FROM VEHICULAR TRAFFIC. +   Driveway approaches shall be protected from vehicular traffic for not less +than six days. (Ord. 8590) +SEC. 43-82.   REMOVAL OF CURB AND GUTTER WHERE REQUIRED. +   Where a driveway approach is to be constructed at a location where there +exists a curb and gutter, such curb and gutter shall be removed to the nearest +construction joint. The driveway approach shall extend to the back side of the +existing or future sidewalk. On concrete pavement with monolithic curb, the +breakout line will be nine inches from the back of curb line and shall be +parallel to it and form a right angle with the concrete surface. (Ord. 8590) +SEC. 43-83.   MAXIMUM SPACE TO BE OCCUPIED. +   Driveway approaches shall not occupy more than 70 percent of the frontage +abutting the roadway of the tract of ground devoted to one use which abuts the +roadway. (Ord. 8590) +SEC. 43-84.   NUMBER OF APPROACHES PERMITTED. +   Not more than two driveway approaches shall be permitted on any parcel of +property with a frontage of 150 feet or less. Additional openings, for parcels +of property having a frontage of 150 feet or less, may be permitted, after +proof to the traffic engineer of necessity and convenience to the public. (Ord. +8590) +SEC. 43-85.   SEPARATION OF DRIVEWAY APPROACHES. +   When more than one driveway approach is required to serve a parcel of +property, a traffic island shall separate the driveway approaches. The width of +the traffic island at the property line shall be a minimum of 20 feet. Where +the grade at the property line is the same as the sidewalk, a six inch raised +curb shall be constructed at the back of the traffic island along the property +line, and on private property. The raised curb shall be constructed so as to +end 24 inches from the intersection of the driveway approach with the property +line. (Ord. 8590) +SEC. 43-86.   LOCATION; PROVISION FOR JOINT APPROACHES. +   Driveway approaches shall be located entirely within the frontage of the +premises abutting the work and shall be located not less than five feet from +each side of the property line, except that joint driveway approaches with +adjoining property holders may be permitted provided joint application is made +by all interested parties, and the width set out in Section +43-94 is not exceeded. (Ord. 8590) +SEC. 43-87.   MINIMUM ANGLE IN RELATION TO CURB LINE. +   The angle of the driveway approach with the curb line shall be not less than +45 degrees. (Ord. 8590) +SEC. 43-88.   MINIMUM REQUIREMENTS FOR APPROACHES NEAR STREET INTERSECTIONS. +   Where existing right of way permits, driveway approaches nearest an +intersection of two streets shall meet the following minimum requirements. The +corner rounding shall have curbs constructed with a minimum radius of 20 feet +continuously between the points of tangency of the curb lines of both streets. +The first driveway may start from the point of tangency of the curb line and +corner radius and be cut in with a five foot minimum radius. (Ord. 8590) +SEC. 43-89.   LOCATION OF APPROACHES NEAR TRAFFIC INTERCHANGES, ETC. +   Driveway approaches at or near streets and traffic interchanges, grade +separations and traffic circles shall be so located that traffic entering or +leaving the street will not impede, confuse, imperil or otherwise interfere +with vehicular traffic. (Ord. 8590) +SEC. 43-90.   LOCATION OF APPROACHES AT PEDESTRIAN CROSSINGS, ETC., PROHIBITED. +   Driveway approaches shall not be located at street intersections or at +established pedestrian crossings. (Ord. 8590) +SEC. 43-91.   CONSTRUCTION IN EXISTING ANGLE PARKING AREAS PROHIBITED; +EXCEPTIONS. +   Driveway approaches shall not be constructed in existing angle parking areas +except when the curb is restored to its normal location along the roadway in +front of the premises. (Ord. 8590) +SEC. 43-92.   STANDING OR PARKING OF VEHICLES, ETC., ON DRIVEWAY APPROACHES +PROHIBITED. +   Driveway approaches shall not be constructed or designed for use for the +standing or parking of vehicles or for use as angle parking. (Ord. 8590) +SEC. 43-93.   ABANDONMENT; DUTY OF ABUTTING PROPERTY OWNER TO RESTORE CURB. +   Whenever the use of any driveway approach is abandoned and no longer used +for vehicular access to the abutting property, it shall be the duty of the +abutting property owner to restore the curb according to the standards provided +in this article. (Ord. 8590) +SEC. 43-94.   RESIDENTIAL DRIVEWAY APPROACHES. +   Residential driveway approaches shall comply with the following +requirements: +   (a)   Width. Residential driveway approaches shall not be less than 10 feet +nor more than 30 feet in width measured at the property line. +   (b)   Radius. A residential driveway approach shall be constructed with the +return curbs having a rolled face disappearing at the sidewalk and joining the +street curb with a five foot minimum radius, except that on an arterial the +minimum radius shall be 10 feet. +   (c)   Removal of existing sidewalk. Where the residential driveway approach +is designed to cross an existing sidewalk, the sidewalk included in the +driveway approach area shall be removed and reconstructed as a driveway +approach. (Ord. Nos. 8590; 21186; 31313) +SEC. 43-95.   COMMERCIAL DRIVEWAY APPROACHES. +   Walks, drives, curbs, gutters, pavements, and appurtenances on public +property and other facilities to provide access to premises used for other than +residential purposes shall be constructed, provided, or repaired in accordance +with the following standards and requirements: +   (a)   Width. The width of any commercial driveway approach shall be not less +than 15 feet nor more than 35 feet measured along the property line, except +driveway approaches for motor vehicle docks within a building shall not exceed +60 feet in width at the property line. Where more dock space is required, the +driveway approaches shall be separated by a traffic island meeting the +standards set out in section +43-85. +   (b)   Radius. Commercial driveway approaches shall be constructed with the +return curbs having a roll face disappearing at the sidewalk and joining the +street curb with a 10 foot minimum radius. +   (c)   Removal of existing sidewalks. Where a commercial driveway approach is +to be built, the sidewalk shall be removed and the entire area replaced as a +driveway. The driveway approach shall extend to the back side of the existing +or future sidewalk. (Ord. Nos. 8590; 31313) +ARTICLE IV. +SNOW AND ICE. +SEC. 43-96.   REMOVAL OF SNOW AND ICE FROM SIDEWALKS REQUIRED. +   (a)   Every owner, lessee, tenant, occupant or other person having charge of +any building or lot abutting upon any public way or public place shall remove +the snow and ice from the sidewalk in front of the building or lot. +   (b)   Snow and ice which falls or accumulates before 4:00 p.m. during any +day, except Sunday, shall be removed within three hours after the snow or ice +has fallen or accumulated. Snow and ice which falls or accumulates on a Sunday +or after 4:00 p.m. and during the night on any other day shall be removed +before 10:00 a.m. the following day. (Ord. Nos. 3314; 19398) +SEC. 43-97.   COVERING SNOW AND ICE WITH SAND, ASHES, ETC. +   If the snow and ice on the sidewalk is frozen so hard that it cannot be +removed without injury to the pavement, the owner, lessee, tenant, occupant or +the person having charge of any building or lot shall, within the time +specified in this article, cause the sidewalk abutting on the premises to be +strewn with ashes, sand, sawdust or other similar suitable materials and shall, +as soon as the weather shall permit, thoroughly clean the sidewalk. (Ord. Nos. +3314; 19398) +SEC. 43-98.   WHERE REMOVED SNOW AND ICE TO BE PLACED. +   Removed snow and ice shall be uniformly distributed parallel to the curb and +in the gutters where there is no parkway. When a parkway exists between the +curb and sidewalk, the snow and ice may be uniformly distributed on the +parkway; provided that no snow or ice shall be so placed at crosswalks which +must be left open and free of removed snow and ice. (Ord. Nos. 3314; 19398) +SEC. 43-98.1.   CAUSING ICE TO FORM ON STREETS AND ALLEYS. +   (a)   A person commits an offense if he uses water, or allows the use of +water under his control, in a manner that causes the water to collect on the +roadway of a public street or alley and form ice. +   (b)   A person violating Subsection (a) of this section shall pay the city +for all costs incurred by the city in removing or covering the ice on the +roadway of the public street or alley, including, but not limited to, the costs +of labor, equipment, and ashes, sand, sawdust or other material used to cover +the ice. (Ord. 19398) +SEC. 43-98.2.   ENFORCEMENT. +   This article shall be enforced by the director of the department designated +by the city manager to enforce and administer this article, or the director’s +authorized representative. (Ord. 19398) +ARTICLE V. +BUILDING NUMBERING. +SEC. 43-99.   OWNER OR OCCUPANT TO NUMBER BUILDINGS. +   (a)   The owner or occupant of each building in the city shall place and +maintain an official building number in a conspicuous place on the premises so +that it can be clearly seen from a public street. This requirement does not +apply to accessory buildings. +   (b)   The number must be placed within 10 days after a new building is +completed. (Code 1941, Art. 68- 2; Ord. Nos. 15072; 15225) +SEC. 43-100.   OFFICIAL NUMBERING PLAN MUST BE FOLLOWED. +   (a)   Buildings must be numbered in compliance with this article and in +accordance with the plan delineating and prescribing the method of numbering +buildings which is on file in the office of the building official. +   (b)   The building official shall designate the official number which is to +be placed on each building. A person may request an official number designation +by submitting a legal description of the property to the building official. +(Code 1941, Art. 68-2; Ord. 15072) +SEC. 43-101.   SPECIFICATIONS FOR NUMBERS. +   An official building number placed pursuant to this article must be at least +three inches high, composed of a durable material, and of a color which +provides a contrast to the background. (Code 1941, Art. 68-3; Ord. 15072) +SEC. 43-102.   ODD AND EVEN NUMBERS. +   Odd numbers shall be assigned to the north side, and even numbers assigned +to the south side, of streets and public accesses running east and west or +substantially in that direction. Odd numbers shall be assigned to the west +side, and even numbers assigned to the east side, of streets and public +accesses running north and south or substantially in that direction. (Code +1941, Art. 68-4; Ord. 15072) +SEC. 43-103.   BASIC UNITS OF SPACE FOR NUMBERING. +   The basic unit of space for numbering along public streets and public +accesses is 25 feet; however, in shopping centers, townhouse areas, apartment +areas, and other building complexes where the building official determines that +the 25 foot unit is not adequate, he may assign a basic unit of 10 feet. (Code +1041, Art. 68-5; Ord. 15072) +SEC. 43-104.   NUMBERING WITHIN BUILDING COMPLEXES. +   (a)   A building complex composed of multiple structures must have an +official number assigned to each building. Each unit within each building must +also be assigned an official number. If there is sufficient street frontage, +each unit or building may be assigned an official street address number. The +official number must be prominently posted on the building so that it is +visible, where possible, from the nearest vehicular access. The official number +for each unit must be conspicuously posted on the unit. +   (b)   If a building is situated within a complex in such a way that it is +not visible from a vehicular access the owner shall post and maintain +directional signs along the nearest vehicular access indicating the location of +the building by building number and unit numbers. (Code 1941, Art. 68-6; Ord. +15072) +SEC. 43-105.   DIRECTIONAL SIGNS WITHIN BUILDING COMPLEXES. +   (a)   In a building complex composed of multiple structures which contains +internal vehicular accesses, if each official building number is not +discernible from the public street, the owner of the building complex shall +post directional signs at each entrance to the complex and at each intersection +of vehicular accesses, other than public streets, within the complex. +   (b)   For the purpose of this section, an “entrance” to a complex is a point +at which vehicular access to the complex, other than a public street, +intersects with a public street. +   (c)   The directional signs must indicate the direction to buildings and +units by number, must be legible from the vehicular access, and must be painted +with a color which is in contrast to the background. Directional signs required +by this section are not required to comply with Chapter 41 of this Code. (Code +1941, Art. 68-5; Ord. 15072) +SEC. 43-106.   DIAGRAM OF MALL AREAS. +   The owner of a building complex which contains a mall area shall submit to +the police and fire departments a diagram of the complex, indicating the +location of each business. When a change in a business location is made, the +owner shall advise the police and fire departments in writing of the change. +(Code 1941, Art. 68-9; Ord. 15072) +SECS. 43-107 THRU 43-110.   RESERVED. +   (Repealed by Ord. No. 15072) +ARTICLE VI. +LICENSE FOR THE USE OF PUBLIC RIGHT-OF-WAY. +Division 1. Licenses for Other than Bicycle Parking Devices, Valet Parking +Services, and Newsracks. +(Division title created by Ord. 18838 and amended by Ord. Nos. 25539, 26809) +SEC. 43-111.   DEFINITIONS. +   In this division, +      (1)   DIRECTOR means the director of the department designated by the +city manager to enforce and administer this division, or the director's +authorized representative. +      (2)   SIDEWALK CAFE has the meaning given that term in Chapter 316 of the +Texas Transportation Code, as amended. (Ord. 29906) +SEC. 43-112.   APPLICATION; FEE. +   (a)   If a person, or governmental entity operating a utility, desires to +make use of any portion of the public right-of-way for a private or +governmental utility use, the person, or governmental entity operating a +utility, must apply in writing to the director. The application must be +accompanied by plans or drawings showing the area to be used, a statement of +the purpose for which the right-of-way is to be used, and a nonrefundable +application fee in the amount required by Subsection (b) of this section, plus +recording fees; except that the application fee is not required for: +      (1)   existing encroachments previously licensed; or +      (2)   a license to place and maintain the facilities of a utility +operated by a governmental entity on public right-of-way, where the +governmental entity has previously contracted with the city to provide mutual +granting of rights-of-way for utility purposes. +   (b)   The application fee is: +      (1)   $100 for a sidewalk cafe; +      (2)   $100 for a use of a public right-of-way described in Section +43-115.1; and +      (3)   $750 for any other use of the public right-of-way. (Ord. Nos. +18119; 18962; 24051; 25539; 29906) +SEC. 43-113.   GRANT BY CITY COUNCIL. +   If, in the judgment of the city council, the requested use is not +inconsistent with and does not unreasonably impair the public use of the right- +of-way, the council may by ordinance grant the license. (Ord. Nos. 18119; +25539) +SEC. 43-114.   TERMS AND CONDITIONS; DURATION; RIGHT OF TERMINATION RESERVED BY +CITY. +   (a)   The ordinance shall contain the terms and conditions of the license +and shall state the time for which the license exists. Whether or not stated in +the ordinance the city council retains the right to terminate a license +whenever in its judgment the purpose or use of the license is inconsistent with +the public use of the right-of-way or whenever the purpose or use of the +license is likely to become a nuisance. +   (b)   If a private license does not state the time for expiration, it will +expire 10 years from the date of the passage of the ordinance granting the +license. +   (c)   If a license to place and maintain the facilities of a utility +operated by a governmental entity on public right-of-way does not state the +time for expiration, it will expire upon expiration of the governmental +entity’s contract with the city providing for mutual granting of rights-of-way. +(Ord. Nos. 18119; 18962; 25539) +SEC. 43-115.   ANNUAL FEE FOR USE OF PUBLIC RIGHT-OF-WAY. +   (a)   The annual fee for a license to use a public right-of-way for the +following uses is: +      (1)   Fee for railroad crossing: not less than $50 per track crossing the +public right-of-way or an amount determined by the director and established in +the ordinance granting the license. The fee will not be assessed for a railroad +crossing where the railroad existed before the public right-of-way was +established. +      (2)   Fee for encroachment of historically significant structures into +public right-of-way: $1,000. +      (3)   Fee for placement and maintenance of facilities of a utility +operated by a governmental entity on public right-of-way pursuant to a contract +with the city providing for mutual grant of rights-of-way: None. +      (4)   Fee for a sidewalk cafe: $200. +   (b)   The annual fee for a license to use a public right-of-way for uses +other than those listed in Subsection (a) is $1,000 or is calculated in +accordance with one of the following formulas, whichever is greater: +      (1)   Fee for use of public right-of-way: area X market value X 85% X +12%. +      (2)   Fee for subsurface use only: area X market value X 30% X 12%. +      (3)   Fee for air rights use only (including awnings and canopies with a +premise sign as defined in Section +51A-7.102(28) of the Dallas City Code): area X market value X 85% X 85% X 12%. +      (4)   Fee for commercial parking operation use: 50% of gross receipts +(which include receipts for all parking and tips less sales and use taxes, if +applicable). +   (c)   Except for a sidewalk cafe license, the application fee required by +Section +43-112 will be applied to the first year's fee if a license is granted. +   (d)   Whether or not stated in the ordinance granting the license, the city +council retains the right to increase or decrease the annual fee. +   (e)   The market value of the area licensed is based on the per square foot +appraised value, as determined by the Dallas County Central Appraisal District, +of a fee simple interest in a useable tract of abutting property. +   (f)   The director shall annually review the market values of licensed areas +for which fees are based on market value. If it is determined that the market +value of a licensed area has decreased, the director shall notify the licensee +in writing that the annual fee has been decreased. If it is determined that the +market value of a licensed area has increased, the director shall notify the +licensee in writing that the annual fee has been increased. If a licensee is +unwilling to accept the increased fee, the licensee may terminate the license. +(Ord. Nos. 18119; 18962; 22216; 24051; 25539; 26809; 27775; 29906) +SEC. 43-115.1.   SPECIAL FEES FOR THE USE OF PUBLIC RIGHT-OF-WAY. +   (a)   Instead of the annual fee charged under Section +43-115 of this division, the following one-time fees will be charged for a +license to use a public right-of-way for the following uses: +      (1)   Fee for landscaping and appurtenant irrigation systems: $100. +      (2)   Fee for awnings and canopies without a premise sign as defined in +Section +51A-7.102(28) of the Dallas City Code: $100 per awning or canopy. +      (3)   Fee for subdivision and monument signs: $100 per sign. +      (4)   Fee for other streetscape elements, including planters, crosswalk +texturing and coloring, artwork, lighting, benches, flag poles, bollards, and +trash receptacles: $100. +   (b)   An application fee paid pursuant to Section +43-112 will not be applied to license fees charged under this section. (Ord. +Nos. 25539; 27775; 29906) +SEC. 43-115.2.   LICENSES FOR SUBDIVISION SIGNS. +   (a)   In this division, SUBDIVISION SIGN has the meaning given that term in +Section +51A-7.102 of the Dallas City Code, as amended. +   (b)   An application for a license to place a subdivision sign in a +residential subdivision must be submitted by a duly-formed and existing +homeowners association with jurisdiction over the residential subdivision. If +the homeowners association is dissolved for any reason, the license will expire +and the subdivision sign must be promptly removed from the public right-of-way. +   (c)   An application for a license to place a subdivision sign in a business +park must be submitted by the owner of the business park. +   (d)   An application for a license to place a subdivision sign in a +residential subdivision or a business park must be supported by the owner of +property abutting the proposed subdivision sign, if any, and two-thirds of the +property owners located within 300 feet of the proposed subdivision sign. +   (e)   A subdivision sign licensed under this division, and its placement and +location, must comply with all applicable city ordinances, including the sign +regulations of the Dallas Development Code. (Ord. 25539) +SEC. 43-115.3.   SIDEWALK CAFE DESIGN STANDARDS MANUAL. +   All sidewalk cafes must comply with the Sidewalk Cafe Design Standards +Manual. The director shall keep an updated electronic copy of the Sidewalk Cafe +Design Standards Manual on the city's website and keep an updated paper copy on +file for public inspection and copying. (Ord. 29906) +SEC. 43-116.   TEMPORARY LICENSE. +   The director may grant a temporary license on a month-to-month basis if a +license or abandonment application is being processed for city council action +and if failure to grant a temporary license will subject the applicant to a +substantial hardship. (Ord. Nos. 18119; 18838; 22026; 25539; 29906) +SEC. 43-117.   PENALTIES. +   (a)   A person using or occupying a public right-of- way for a private use +in violation of this division or without a license or other permit granted by +the city is guilty of an offense and, upon conviction, is subject to a fine not +to exceed $500 for each day that the violation exists. +   (b)   Any owner, occupant, tenant, or licensee who fails to keep the +sidewalks, curbs, and private structures constructed within or over the +licensed area in good repair is guilty of maintaining a nuisance and, upon +conviction, is subject to a fine not to exceed $500 for each day the nuisance +is maintained. +   (c)   Subsection (b) does not apply to railroad crossings for which +maintenance and repair is required in the ordinance granting the license. (Ord. +Nos. 18119; 18838; 19963; 25539) +SEC. 43-118.   BREACH BY GRANTEE. +   The director is authorized to terminate a license granted pursuant to this +division if the grantee fails to fulfill any of the conditions stated in the +license. (Ord. Nos. 18119; 18838; 25539) +SEC. 43-119.   WAIVER. +   The provisions of this division that are not required by state law or the +city charter may be waived or modified by the city council in the ordinance +granting the license. (Ord. Nos. 18119; 18838; 25539) +Division 2. Bicycle Parking Devices. +SEC. 43-120.   DEFINITIONS. +   In this division: +      (1)   BICYCLE PARKING DEVICE means a device, approved as to size and +design by the director, to which a bicycle may be secured by a lock either +provided by the user or provided on the device. +      (2)   CITY means the city of Dallas, Texas. +      (3)   DIRECTOR means the director of the department designated by the +city manager to enforce and administer this division, or the director’s +designated representative. (Ord. Nos. 18838; 22026) +SEC. 43-121.   LICENSE REQUIRED; APPLICATION; ISSUANCE. +   (a)   A person commits an offense if he installs or operates a bicycle +parking device on a public right-of- way within the city without a license +issued by the director. +   (b)   A person who desires to install or operate a bicycle parking device on +a public right-of-way abutting his property shall apply in writing to the +director for a bicycle parking device license. The application must contain the +following information: +      (1)   the names, addresses, and telephone numbers of: +         (A)   the applicant; +         (B)   if the applicant is a lessee, the property owner; and +         (C)   the manufacturer of each bicycle parking device to be installed +or operated; +      (2)   the number of bicycle parking devices to be installed or operated; +      (3)   the proposed location of each bicycle parking device; +      (4)   the dimensions of each bicycle parking device, measured with and +without bicycles parked in the device; +      (5)   the proposed method of securing each bicycle parking device to the +public right-of-way; and +      (6)   if the applicant is a lessee, written consent from the property +owner to install or operate any bicycle parking device on public right-of-way +abutting his property. +   (c)   The director shall forward a copy of any completed application to the +departments of public works, sanitation services, code compliance, planning and +urban design, and development services, and to any utility company that might +be affected by the proposed installation and operation of a bicycle parking +device. Each department, and any utility company notified, shall review the +application and return it, with any comments, to the director within 30 days of +receipt. +   (d)   After reviewing the application and departmental comments, the +director may issue a bicycle parking device license unless denial is required +by Section 43-122. (Ord. Nos. 18838; 22026; 23694; 25047; 27697; 28424; 29478; +29882; 30239; 30654; 32002) +SEC. 43-122.   DENIAL OR REVOCATION OF LICENSE. +   (a)   The director shall deny a bicycle parking device license if: +      (1)   the applicant fails to comply with the requirements of this +division or other applicable law; +      (2)   the applicant makes a false statement of material fact on an +application for a bicycle parking device license; or +      (3)   the director determines that the bicycle parking device, with or +without bicycles parked in it, would: +         (A)   endanger the safety of persons or property or otherwise not be +in the public interest; +         (B)   unreasonably interfere with pedestrian or vehicular traffic; +         (C)   unreasonably interfere with the use of a pole, traffic sign, +traffic signal, hydrant, mailbox, or other object permitted at or near the +proposed location of the bicycle parking device; or +         (D)   unreasonably interfere with an existing use permitted at or near +the proposed location of the bicycle parking device. +   (b)   The director shall revoke a bicycle parking device license if: +      (1)   the applicant fails to comply with the requirements of the bicycle +parking device license, this division, or other applicable law; +      (2)   the applicant made a false statement of material fact on an +application for a bicycle parking device license; or +      (3)   the director determines that the bicycle parking device, with or +without bicycles parked in it: +         (A)   endangers the safety of persons or property or is otherwise not +in the public interest; +         (B)   unreasonably interferes with pedestrian or vehicular traffic; +         (C)   unreasonably interferes with the use of a pole, traffic sign, +traffic signal, hydrant, mailbox, or other object permitted at or near the +location of the bicycle parking device; or +         (D)   unreasonably interferes with an existing use permitted at or +near the location of the bicycle parking device. +   (c)   The city council may, at any time, unconditionally revoke a bicycle +parking device license issued pursuant to this division. (Ord. 18838) +SEC. 43-123.   EXPIRATION OF LICENSE. +   A bicycle parking device license expires one year from the date of issuance, +unless sooner terminated by the director or by the city council. A bicycle +parking device license may be renewed by making application in accordance with +Section +43-121 of this division at least 30 days before expiration of the license. +(Ord. 18838) +SEC. 43-124.   STANDARDS FOR INSTALLATION, OPERATION, AND MAINTENANCE OF A +BICYCLE PARKING DEVICE. +   A person issued a license to install or operate a bicycle parking device +which in whole or in part rests on any public right-of-way shall: +      (1)   mount the bicycle parking device on a paved surface; +      (2)   not chain, belt, or otherwise attach a bicycle parking device to a +fixture in the public right- of-way, without written approval from the +director; +      (3)   cut weeds and grass within five feet of a bicycle parking device +that rests in part on unpaved public right-of-way; +      (4)   attach to the bicycle parking device a plaque, to be approved by +the director, engraved with the bicycle parking device license number and the +licensee’s current telephone; and +      (5)   maintain the bicycle parking device: +         (A)   in good working order; +         (B)   in a manner that, with and without bicycles parked in the +device, does not obstruct a vehicle operator’s ability to see any part of an +intersecting road; and +         (C)   in a manner that, with and without bicycles parked in the +device, does not injure, damage, or create a hazard to persons or property. +(Ord. 18838) +SEC. 43-125.   LOCATION OF A BICYCLE PARKING DEVICE. +   (a)   A bicycle parking device may not: +      (1)   project into or rest upon any part of the public right-of-way open +to motor vehicle traffic; or +      (2)   be located in a manner such that a bicycle parked in the device +would project into or rest upon any part of the public right-of-way open to +motor vehicle traffic. +   (b)   A bicycle parking device may not be installed or operated on public +right-of-way not open to motor vehicle traffic if, measured with bicycles +parked in it, the device would: +      (1)   be within five feet of a marked crosswalk; +      (2)   be within 12 feet of the curb return of an unmarked crosswalk; +      (3)   be within 10 feet of a fire hydrant, fire call box, police call box +or other emergency facility; +      (4)   be within five feet of a driveway; +      (5)   be within three feet in front of or 15 feet behind a sign marking a +designated bus stop; +      (6)   be within three feet of a bus bench; +      (7)   reduce the unobstructed space for the passage of pedestrians to +less than: +         (A)   the minimum unobstructed sidewalk widths required by the Dallas +Development Code for core and secondary pedestrian precinct overlay districts +and fringe areas located within CA-1 and CA-1(A) zoning districts; or +         (B)   four feet in all other areas of the city; +      (8)   be within three feet of property improved with lawn, flowers, +shrubs, trees, or other landscaping; or +      (9)   be within 10 feet of an exit door of a building. (Ord. Nos. 18838; +19455) +SEC. 43-126.   RESTRICTIONS ON THE USE OF A BICYCLE PARKING DEVICE PROHIBITED. +   No person may: +      (1)   restrict the use of a bicycle parking device, located in whole or +in part on public right-of- way, to a particular group of people; or +      (2)   charge a fee for the use of a bicycle parking device located in +whole or in part on public right-of-way. (Ord. 18838) +SEC. 43-126.1.   INDEMNIFICATION. +   An applicant for a bicycle parking device license must execute a written +agreement to indemnify the city and its officers and employees against all +claims of injury or damage to persons or property arising out of the negligent +installation, maintenance, or operation of a bicycle parking device on public +right-of-way. (Ord. 18838) +SEC. 43-126.2.   RESTORATION OF THE RIGHT- OF-WAY. +   Upon termination of a license, the licensee shall remove the bicycle parking +device and restore the used portion of the public right-of-way to its previous +condition. If the licensee fails to comply with this section, the director +shall cause the bicycle parking device to be removed and the public right-of- +way restored with costs being assessed against the licensee. (Ord. 18838) +Division 3. Valet Parking Services. +SEC. 43-126.3.   DEFINITIONS. +   In this division: +      (1)   CENTRAL BUSINESS DISTRICT means the area bounded by Woodall Rogers +Freeway on the north, Central Expressway and Julius Schepps Freeway on the +east, Interstate Highway 30 on the south, and Interstate Highway 35E on the +west. +      (2)   CITY means the city of Dallas, Texas. +      (3)   DIRECTOR means the director of the department designated by the +city manager to enforce and administer this division, or the director’s +designated representative. +      (4)   LICENSEE means a person licensed under this division to operate a +valet parking service. The term includes any employee, agent, or independent +contractor of the person in whose name the license is issued. +      (5)   PERSON means an individual, assumed name entity, partnership, +joint-venture, association, corporation, or other legal entity. +      (6)   VALET PARKING SERVICE means a business, or any part of a business, +which provides a driver to operate a person’s vehicle to and from a parking +location so that the person and any passengers in the vehicle may unload and +load at their immediate destination. (Ord. Nos. 19190; 22026; 25539) +SEC. 43-126.4.   PURPOSE. +   This division is intended to only apply to valet parking service provided in +connection with a commercial establishment or commercial activity and does not +apply to occasional valet parking service provided at a private residence or in +connection with a social or fund-raising activity. (Ord. 19190) +SEC. 43-126.5.   LICENSE REQUIRED; APPLICATION; ISSUANCE. +   (a)   A person commits an offense if, without a license issued by the +director, he operates a valet parking service within the city on public right- +of-way or on private property which requires the use of public right-of-way for +maneuvering vehicles. +   (b)   A licensee commits an offense if, at a time other than the hours and +days of operation authorized in his license, he or his employee, agent, or +independent contractor operates a valet parking service within the city on +public right-of-way or on private property which requires the use of public +right- of-way for maneuvering vehicles. +   (c)   A person who desires to operate a valet parking service on public +right-of-way, or on private property which requires the use of public right-of- +way for maneuvering vehicles, shall apply in writing to the director for a +valet parking service license. The application must be made by the owner or +lessee of the premises benefiting from the proposed valet parking service and +must contain the following information: +      (1)   the names, addresses, and telephone numbers of: +         (A)   the applicant; +         (B)   if the applicant is a lessee, the property owner; and +         (C)   any independent contractor the applicant will use to provide +valet parking service; +      (2)   the proposed location of the valet parking service and any valet +parking service stands; +      (3)   the number of spaces requested to be reserved for the valet parking +service, each space being 22 feet long, if parallel to the curb, or nine feet +wide, if head in to the curb; as a rule, three spaces must be reserved unless +the director determines that, because of special traffic conditions, a greater +or lesser number of spaces is needed to efficiently operate the valet parking +service; +      (4)   the proposed hours and days of operation of the valet parking +service; +      (5)   the location of off-street parking to be used in connection with +the valet parking service and a signed agreement or other documentation showing +that the applicant has a legal right to park vehicles at that location; +      (6)   proof of insurance required by Section +43-126.12; and +      (7)   a list of names and addresses of all property owners, or their +representatives, located within 50 feet of, on the same side of the street as, +and within the same block as the valet parking service location, either: +         (A)   with signatures showing consent to the operation of a valet +parking service by the applicant; or +         (B)   without signatures, in which case the director shall notify the +listed persons of the valet parking service application and obtain comments. +   (d)   The director shall forward a copy of any completed application to any +person required to be notified under Subsection (c)(7) and to the departments +of public works, sanitation services, code compliance, development services, +planning and urban design, and risk management, and to any other department +that might be affected by the proposed operation of a valet parking service. +Each department, and any other notified persons, shall review the application +and return it, with any comments, to the director within 30 days of receipt. +   (e)   After reviewing the application and comments of the departments and of +any person notified in accordance with Subsection (c)(7), and upon receiving +payment of all fees required by this division, the director may issue a valet +parking service license unless denial is required by Section +43-126.7. +   (f)   A licensee desiring to change the location or hours of operation of a +valet parking service must submit a new application to the director in +accordance with this section. (Ord. Nos. 19190; 22026; 23694; 25047; 27697; +28424; 29478; 29882; 30239; 30654; 32002 +SEC. 43-126.6.   FEES. +   (a)   A nonrefundable application fee of $800 must accompany each +application for a valet parking service license. +   (b)   The annual fee for a valet parking service license is: +      (1)   if the valet parking service is being conducted inside the central +business district, $250 per space for the first six spaces reserved by the +valet parking service, plus $1,000 for each space over six reserved by the +valet parking service; or +      (2)   if the valet parking service is being conducted outside the central +business district, $350 per space for the first two spaces reserved by the +valet parking service, plus $1,000 for each space over two reserved by the +valet parking service. +   (c)   No annual license fee is required if the valet parking service is +conducted completely on private property and the public right-of-way is only +used for maneuvering vehicles. +   (d)   In addition to other fees required by this section, an applicant must +pay $400 for each sign or curb marking placed by the city at the valet parking +service location in accordance with Section +43-126.14 of this division. +   (e)   In addition to other fees required by this section, an applicant must +pay an annual fee of $50 if a valet parking service stand is placed on public +right-of- way. (Ord. Nos. 19190; 19969; 25539; 31657) +SEC. 43-126.7.   DENIAL OR REVOCATION OF LICENSE; TEMPORARY SUSPENSION. +   (a)   The director shall deny a valet parking service license if: +      (1)   the applicant fails to comply with the requirements of this +division or other applicable law; +      (2)   the applicant makes a false statement of material fact on an +application for a valet parking service license; or +      (3)   the director determines that the operation of the valet parking +service would: +         (A)   endanger the safety of persons or property or otherwise not be +in the public interest; +         (B)   unreasonably interfere with pedestrian or vehicular traffic; +         (C)   unreasonably interfere with the use of a pole, traffic sign, +traffic signal, hydrant, mailbox, or other object permitted at or near the +proposed location of the valet parking service; or +         (D)   unreasonably interfere with an existing use permitted at or near +the proposed location of the valet parking service. +   (b)   The director shall revoke a valet parking service license if: +      (1)   the licensee fails to comply with the requirements of the valet +parking service license, this division, or other applicable law; +      (2)   the licensee made a false statement of material fact on an +application for a valet parking service license; or +      (3)   the director determines that the operation of the valet parking +service: +         (A)   endangers the safety of persons or property or is otherwise not +in the public interest; +         (B)   unreasonably interferes with pedestrian or vehicular traffic; +         (C)   unreasonably interferes with the use of a pole, traffic sign, +traffic signal, hydrant, mailbox, or other object permitted at or near the +location of the valet parking service; or +         (D)   unreasonably interferes with an existing use permitted at or +near the location of the valet parking service. +   (c)   The city council may, at any time, unconditionally revoke a valet +parking service license issued pursuant to this division. +   (d)   The director may temporarily suspend the operations of a valet parking +service if the public right- of-way reserved by the valet parking service is +needed for an emergency or temporary use, including, but not limited to, the +construction, maintenance, or repair of a street or utility. The director may +refund a part of the annual license fee, prorated according to the duration of +the suspension, unless the conditions necessitating the suspension were caused +by the valet parking service. (Ord. 19190) +SEC. 43-126.8.   EXPIRATION OF LICENSE. +   A valet parking service license expires one year from the date of issuance, +unless sooner terminated by the director or by the city council. A valet +parking service license may be renewed by making application in accordance with +Section +43-126.5 of this division at least 30 days before expiration of the license. +(Ord. 19190) +SEC. 43-126.9.   STANDARDS FOR OPERATION OF A VALET PARKING SERVICE. +   (a)   A licensee shall: +      (1)   allow only employees and independent contractors who hold a valid +state driver’s license, and who are covered by the insurance required by +Section +43-126.12 of this division, to operate any vehicle in connection with the valet +parking service; +      (2)   operate the valet parking service in a manner that does not: +         (A)   use or occupy more of the public right-of-way than is allowed by +his valet parking service license; +         (B)   obstruct a pedestrian’s use of a sidewalk; +         (C)   obstruct a vehicle operator’s ability to see any part of an +intersecting road; or +         (D)   injure, damage, or create a hazard to persons or property; +      (3)   place no more than one valet parking service stand on public right- +of-way; +      (4)   not place or allow the placement of a sign advertising the valet +parking service in the public right-of-way; +      (5)   not park or allow the parking of a vehicle in a valet parking +service space, but shall only use the space for loading and unloading +passengers; in no event shall a vehicle be allowed to remain in a valet parking +service space for more than five minutes; +      (6)   continuously provide valet parking service during all hours of +operation authorized in his license; +      (7)   only use an off-street parking location to park a vehicle accepted +for valet parking service and shall not park the vehicle on public right-of- +way; and +      (8)   notify the director within 10 days of a change in the location of +off-street parking and provide the director with a signed agreement or other +documentation showing that the licensee has a legal right to park vehicles at +the new location. +   (b)   At all times other than the authorized hours of operation of a valet +parking service, spaces reserved by the valet parking service shall be +available for use by the general public on a first-come, first-served basis in +accordance with posted signs and other traffic control devices, except where +parking is restricted or prohibited. (Ord. 19190) +SEC. 43-126.10.   VALET PARKING SERVICE STANDS. +   (a)   A licensee may place one valet parking service stand on the public +right-of-way at a location approved by the director. The valet parking service +stand must be necessary to the general conduct of the valet parking service and +shall be used for such purposes, including, but not limited to, the dispatch of +valets and the storage of keys, umbrellas, and other items. +   (b)   A valet parking service stand shall: +      (1)   not occupy an area of the public right-of- way exceeding four feet +in width and four feet in depth; +      (2)   not be affixed to the public right-of-way in any manner; +      (3)   be easily moveable by one person; and +      (4)   be removed from the public right-of-way when the valet parking +service is not being operated; +   (c)   A name and logo may be placed on a valet parking service stand for the +sole purpose of identifying the valet parking service. The identification of +the valet parking service shall not: +      (1)   have dimensions greater than four feet high and four feet wide; or +      (2)   be placed on more than two sides of the valet parking service +stand. (Ord. 19190) +SEC. 43-126.11.   LOCATION OF A VALET PARKING SERVICE. +   (a)   Spaces and stands for a valet parking service may not: +      (1)   be within 10 feet of a crosswalk; +      (2)   be within 10 feet of a fire hydrant, fire call box, police or other +emergency facility; +      (3)   be within five feet of a driveway; +      (4)   be within three feet in front of or 15 feet behind a sign marking a +designated bus stop; +      (5)   be within three feet of a bus bench; or +      (6)   reduce the unobstructed space for the passage of pedestrians to +less than: +         (A)   the minimum unobstructed sidewalk widths required by the Dallas +Development Code for core and secondary pedestrian precinct overlay districts +located within CA-1 and CA-1(A) zoning districts; or +         (B)   four feet in all other areas of the city. +   (b)   The director may require greater distances than those prescribed in +Subsection (a) when warranted by special vehicular or pedestrian traffic +conditions. (Ord. Nos. 19190; 19455) +SEC. 43-126.12.   INSURANCE. +   (a)   A licensee shall procure, or cause to be procured, and keep in full +force and effect, and shall keep on file with the director, a policy of +comprehensive general liability insurance and garage insurance, or a +certificate of insurance, issued by a casualty insurance company authorized to +do business in this state and in the standard form approved by the board of +insurance commissioners of the state. The insured provisions of the policy must +include the city, and its officers and employees, as insureds and the coverage +provisions must insure the public from loss or damage that may arise to any +person or property by reason of the operation of a valet parking service by the +licensee. +   (b)   The comprehensive general liability insurance must be on a broad form +and provide limits of liability for bodily injury and property damage of not +less than $300,000 combined single limit, or the equivalent. +   (c)   The garage insurance must provide limits of liability for bodily +injury and property damage of not less than $300,000 combined single limit, or +the equivalent, and must provide the following coverages: +      (1)   Comprehensive and collision coverage for physical damage. +      (2)   Coverage for vehicle storage. +      (3)   Coverage for a vehicle driven by or at the direction of the +licensee. +   (d)   The insurance policy required by Subsection (a) of this section shall +contain an endorsement which provides for 10 days’ notice to the director in +the event of any material change or cancellation of the policy. (Ord. 19190) +SEC. 43-126.13.   INDEMNIFICATION. +   A licensee, and any independent contractor used by the licensee, must +execute a written agreement to indemnify the city and its officers and +employees against all claims of injury or damage to persons or property arising +out of the operation of the valet parking service by the licensee. (Ord. 19190) +SEC. 43-126.14.   SIGNS. +   Upon recommendation of the director, the city traffic engineer is authorized +to place city signs or curb markings at a location licensed for a valet parking +service pursuant to this division. The signs and markings shall: +      (1)   indicate that the location is restricted for use by a valet parking +service; and +      (2)   state the days and hours of operation of the valet parking service. +(Ord. 19190) +Division 4. Newsracks. +SEC. 43-126.15.   PURPOSE AND INTENT. +   This division only applies to newsracks located on the public right-of-way +within the city of Dallas and provides administrative procedures for the grant +of annual licenses regarding newsracks to be located on the public right-of- +way. This division regulates the placement of newsracks on the public right-of- +way within the city. This division also ensures that newsracks do not create a +hazard to persons or property, do not interfere with pedestrian or vehicular +traffic, and are kept neat, clean, and in good repair. (Ord. Nos. 26809; 27201) +SEC. 43-126.16.   DEFINITIONS. +   In this division, unless the context requires a different definition: +      (1)   BLOCK means an area bounded by streets on all sides. If a street +deadends, the terminus of the dead-end street will be treated as an +intersecting street. +      (2)   BLOCKFACE means the linear distance of lots along one side of a +street between the two nearest intersecting streets. If a street deadends, the +terminus of the dead-end street will be treated as an intersecting street. +      (3)   CITY CONTRACTOR means a person who has a contract with the city for +the installation, operation, maintenance, repair, removal, and replacement of +multiple newsrack units in a multiple newsrack unit zone. +      (4)   CROSSWALK has the meaning given that term in Section 541.302 of the +Texas Transportation Code, as amended. +      (5)   DIRECTOR means the director of public works, or a designee. +      (6)   FREESTANDING NEWSRACK means a newsrack that is not a multiple +newsrack unit or a part of a multiple newsrack unit. +      (7)   LICENSE means permission granted under this division to a person to +install, operate, or maintain a newsrack within the public right-of-way of the +city for a specified period of time. +      (8)   LICENSEE means the publisher, and any other person operating and +maintaining a newsrack on behalf of a publisher, who is issued a license under +this division to install, operate, or maintain a newsrack within the public +right-of-way of the city. +      (9)   MULTIPLE NEWSRACK UNIT means a single structure containing more +than one newsrack that is installed by the city or a city contractor in a +multiple newsrack unit zone. +      (10)   NEWSRACK means any self-service or coin-operated container, rack, +or structure used or maintained for the display, distribution, or sale of +newspapers, periodicals, or other publications. +      (11)   PERSON means an individual, assumed name entity, partnership, +joint venture, association, corporation, or other legal entity. +      (12)   PUBLISHER means any person who owns and/or distributes newspapers, +periodicals, or other publications. +      (13)   SPLIT-DOOR NEWSRACK means a freestanding newsrack or a newsrack +space in a multiple newsrack unit that has been split into two separate +distribution areas. (Ord. Nos. 26809; 27201; 27697; 32002) +SEC. 43-126.17.   LICENSE AND DECAL REQUIRED. +   (a)   A person commits an offense if: +      (1)   he installs, operates, or maintains a newsrack on any portion of a +public right-of-way within the city that is open to vehicular traffic; +      (2)   without a license issued under this division, he installs, +operates, or maintains a newsrack on a public right-of-way in the city that is +not open to vehicular traffic; +      (3)   he installs, operates, or maintains on a public right-of-way a +newsrack that does not display a valid decal issued under this division; +      (4)   he forges, alters, or counterfeits a newsrack decal required by +this division or possesses a forged, altered, or counterfeited newsrack decal; +or +      (5)   without the consent of the director, he defaces or removes a decal +that is displayed on a newsrack as required by this division. +   (b)   It is a defense to prosecution under Subsection (a)(2) or (a)(3) of +this section that the person was installing, operating, or maintaining the +newsrack pursuant to a contract with the city for those services. (Ord. Nos. +26809; 27201) +SEC. 43-126.18.   LICENSE APPLICATION; ISSUANCE OF LICENSE; AND DISPLAY OF +DECALS. +   (a)   A person who desires to install, operate, or maintain a newsrack on a +public right-of-way that is not open to vehicular traffic shall submit an +application for a newsrack license to the director on a form provided for that +purpose. The applicant must be the person who will install, operate, or +maintain the newsrack. The application must be verified and contain all of the +following information: +      (1)   Name, address, telephone number, and signature of the applicant. If +the applicant is a person other than the publisher, then the publisher must +also sign the application, agreeing to be bound by the terms contained in the +license. +      (2)   Name, address, and telephone number of the person the city may +contact concerning installation, placement, operation, and maintenance of the +applicant’s newsracks. +      (3)   Form of business of the applicant and, if the business is a +corporation or association, a copy of the documents establishing the business. +      (4)   Number of newsracks the applicant wishes to install or operate in +the city and a list indicating the proposed location (by blockface) of each +newsrack, the name of the publication each newsrack will dispense, and whether +the publication will be dispensed free or for a charge. +      (5)   Dimensional measurements of each style of any freestanding +newsracks to be installed, with drawings or photographs. +      (6)   Proposed method of securing any freestanding newsracks. +   (b)   Following a review of the application, execution of the written +agreement required under Section +43-126.19(b), payment of a nonrefundable $100 application processing fee, and +payment of the annual fee for a newsrack license, the director shall, within 60 +days following the date of receipt of an application for an initial license and +within 30 days following the date of receipt of an application for a license +renewal, issue a newsrack license to the applicant unless denial is required by +Section +43-126.20. +   (c)   Upon issuance of a license for the installation, operation, and +maintenance of newsracks and payment of the annual fee for the newsrack +license, the director shall issue a decal for each newsrack permitted under the +license, reflecting the license number and expiration date. A decal must be +displayed on each permitted newsrack at all times, so that the decal is visible +from the street. +   (d)   A decal issued to one person may not be transferred to another person. +A decal issued for one newsrack may not be transferred to another newsrack +without the approval of the director, except that a decal may be transferred to +a replacement newsrack at the same location. +   (e)   If a decal is lost, stolen, or mutilated, the director may issue a +duplicate decal, upon written request of the licensee, for a fee of $2. +   (f)   Before any newsrack not authorized under a newsrack license may be +installed, operated, or maintained on the public right-of-way, the licensee +must make a written request to the director for the additional newsrack, pay +the required annual fee, and display a valid decal on the newsrack as required +by this division. +   (g)   The director may (in accordance with procedures established by this +division for the allocation of newsrack locations) approve changes to the +location of a validly licensed newsrack, upon written request by a licensee, +for no additional fee. An amendment that substantially changes the scope of a +license (such as displaying, distributing, or selling in a newsrack a +publication not specified in the license application for that newsrack) must be +applied for in the same manner as the original license. +   (h)   A licensee shall notify the director within 10 days of any change in +the address or telephone number of the publisher or of the person responsible +for the installation, operation, or maintenance of the newsracks permitted +under the license. +   (i)   A license issued to one person may not be transferred to another +person. A newsrack location assigned to one person or publication may not be +transferred to another person or publication without following the procedures +established by this division for the allocation of newsrack locations. (Ord. +Nos. 26809; 27201) +SEC. 43-126.19.   CONDITIONS OF A LICENSE AND ANNUAL FEES. +   (a)   It is a condition of a license that the installation, operation, and +maintenance of each newsrack be in accordance with this division. +   (b)   Prior to the issuance of a license, the licensee shall execute a +written agreement providing all of the following: +      (1)   The licensee will defend, indemnify, and hold whole and harmless +the city of Dallas and its officers, agents, representatives, or employees +against any and all claims, lawsuits, judgments, costs, or expenses (including +attorney’s fees) for bodily injury, property damage, or other harm arising out +of, or in any way related to, the licensee’s occupancy, maintenance, or use of +the licensed area or the licensee’s placement, installation, operation, or +maintenance of any newsrack. The indemnity must include claims for damages that +any publicly or privately owned utility or communication company sustains +arising from the licensee’s occupancy, maintenance, or use of the licensed area +or the licensee’s placement, installation, operation, or maintenance of any +newsrack. +      (2)   If the city of Dallas is ever made a defendant in any cause of +action, directly or indirectly, based upon the licensee’s occupancy, +maintenance, or use of the licensed area, or the licensee’s placement, +installation, operation, or maintenance of any newsrack, the city shall have +the right, at its option, to implead the licensee and its successors and +assigns. +      (3)    The licensee will procure, prior to the issuance of a license, and +keep in full force and effect at all times during the license term, commercial +general liability insurance coverage (including, but not limited to, premises/ +operations, independent contractors, and contractual liability) protecting the +city of Dallas against any and all claims for damages to persons or property as +a result of, or arising out of, the licensee’s occupancy, maintenance, or use +of the licensed area or the licensee’s placement, installation, operation, or +maintenance of any newsrack, with minimum combined bodily injury (including +death) and property damage limits of not less than $500,000 for each occurrence +and $500,000 annual aggregate. The insurance policy must be written by an +insurance company approved by the State of Texas and acceptable to the city and +issued in a standard form approved by the Texas Department of Insurance. All +provisions of the policy must be acceptable to the city and must name the city +and its officers and employees as additional insureds and provide for 30 days +written notice to the director of cancellation, non-renewal, or material change +to the insurance policy. +      (4)   The license is subject to the rights of the city, public utilities, +and franchisees in and to the public right-of-way and the rights of the city to +make changes to the grade of any street, sidewalk, or parkway, and the licensee +will never make a claim against the city for damages it might suffer by reason +of the installation, construction, reconstruction, operation, or maintenance of +any public improvement, utility, or communication facility on the licensed +area. +   (c)   The annual license fee for a newsrack license is: +      (1)   $15 for each freestanding newsrack located within a public right- +of-way of the city; and +      (2)   $60 for each newsrack space operated in a multiple newsrack unit, +which amount includes $45 for rental of the newsrack space from the city or the +city contractor. +   (d)   A licensee shall pay the annual license fee for a newsrack license to +the director. The payment must be made on or before the issuance of a license. +All sums due under this section must be deposited by the city controller and +are subject to a $25 fee for each dishonored check. Except as specifically +provided otherwise in this division, no license fees will be prorated upon +termination of any license. (Ord. Nos. 26809; 27201) +SEC. 43-126.20.   DENIAL OR REVOCATION OF A LICENSE. +   (a)   The director shall deny a newsrack license if the director determines +that the applicant has: +      (1)   made a false statement of a material fact on an application for a +newsrack license; +      (2)   failed to provide the information requested on an application for a +newsrack license; +      (3)   failed to execute a written agreement in accordance with Section +43-126.19(b); +      (4)   failed to pay the nonrefundable application fee or annual license +fee at the time due; or +      (5)   failed to comply with the requirements of this division or other +applicable law. +   (b)   The director shall revoke a newsrack license if the director +determines that the licensee has: +      (1)   made a false statement of a material fact on an application for a +newsrack license; +      (2)   failed to comply with the requirements of the newsrack license, the +written agreement executed under Section +43-126.19(b), this division, or any other applicable law; +      (3)   failed to maintain in full force and effect the insurance as +required by this division; or +      (4)   failed to pay any fees required by this division at the time due. +   (c)   If the director determines that an applicant must be denied a newsrack +license under this section, the director shall notify the person in writing +that the application is denied and shall include in the notice the reason for +denial and a statement informing the applicant of the right to appeal. +   (d)   If the director determines that a newsrack license must be revoked +under this section, the director shall notify the licensee in writing that the +license is revoked and shall include in the notice the reason for revocation +and a statement informing the applicant of the right to appeal. (Ord. Nos. +26809; 27201) +SEC. 43-126.21.   APPEAL FROM LICENSE DENIAL OR REVOCATION. +   (a)   If the director denies the issuance or renewal of a license or revokes +a license, the director shall send to the applicant or licensee, by certified +mail, return receipt requested, written notice of the reason for denial, +nonrenewal, or revocation and of the right to an appeal. +   (b)   Upon receipt of written notice of the denial, nonrenewal, or +revocation, the applicant or licensee whose application for a license or +license renewal has been denied or whose license has been revoked has the right +to appeal to either the permit and license appeal board or the state district +court. +   (c)   An appeal to a permit and license appeal board must be in accordance +with Section +2-96 of this code. The filing of an appeal under this subsection stays the +action of the director in revoking a license until a final decision is made by +the permit and license appeal board. A revocation upheld by the board takes +effect on the first midnight that is at least 24 hours after the board issues +its decision. +   (d)   An appeal to the state district court must be filed within 30 days +after receipt of notice of the director’s decision. The applicant or licensee +shall bear the burden of proof in court. (Ord. Nos. 26809; 27201) +SEC. 43-126.22.   EXPIRATION AND RENEWAL OF A LICENSE. +   (a)   A newsrack license expires and becomes invalid on August 1 of each +year, unless sooner terminated by the director in accordance with this division +or by city council ordinance in accordance with the city charter. A licensee +shall apply for renewal of a newsrack license at least 30 days, but not more +than 90 days, before expiration of the license. An application for renewal must +be made in accordance with the procedures established in Section +43-126.18. +   (b)   An existing licensee will be able to renew a license for the same +newsrack locations until those newsrack locations are reallocated under a five- +year lottery conducted under Section +43-126.23(c) or +43-126.29(h)(3), except that failure to timely renew a license in accordance +with Subsection (a), or denial or revocation of a license, will result in the +location for that newsrack being made available to other publishers. +   (c)   A licensee who timely applies for renewal of a license in accordance +with Subsection (a) is not required to pay the $100 license application fee. +(Ord. Nos. 26809; 27201) +SEC. 43-126.23.   ALLOCATION OF FREESTANDING NEWSRACK LOCATIONS. +   (a)   Initial allocation. Before June 1, 2009, the director shall allocate +locations for freestanding newsracks in accordance with the following +procedures: +      (1)   The director shall determine how many freestanding newsracks may be +placed on a blockface in locations complying with this division. +      (2)   The director shall determine how many freestanding newsracks are +being lawfully operated on the blockface. A freestanding newsrack will be +considered as being lawfully operated on a particular blockface if it is +designated as being located on that blockface in the most recent list of +newsrack locations: +         (A)   provided to the director before May 28, 2008 by a publisher +holding a valid newsrack license issued by the city council or a valid +temporary newsrack license issued by the director before May 28, 2008; or +         (B)   provided to the director by a publisher within 10 calendar days +after the director’s issuance of a temporary newsrack license occurring on or +after May 28, 2008. +      (3)   If the number of lawfully-operated freestanding newsracks on the +blockface exceeds the number of newsrack spaces allowed on the blockface under +this division, the director shall conduct a lottery to determine the allocation +of the newsrack spaces. +      (4)   The director shall place in a pool the names of all publications +dispensed in the freestanding newsracks that are being lawfully operated on the +blockface. If the same publication is being dispensed by more than one newsrack +on the blockface, its name will be placed in the pool twice. The director shall +draw from the pool a number of publication names equal to the number of +newsrack spaces allowed under this division on that blockface. The director +shall assign numbers to the names, beginning with the Number 1 for the first- +drawn name and continuing in a sequential manner. The publications whose names +are drawn will be allocated a newsrack space on the blockface as long as +compliance with this division is maintained. The publishers of the publications +allocated a newsrack space through the lottery process will select locations on +the blockface in the order in which their publication names were drawn, with +Number 1 having first choice. The director shall draw the remaining publication +names from the pool and assign them a number, beginning with the number +following the one assigned to the last publication allocated a newsrack space +on the blockface. These remaining publications will be allocated a newsrack +space on the blockface (in the order drawn) only if any of the other +publications originally allocated a newsrack space on the blockface do not want +the space or do not qualify for the space. The publisher of any publication +that is not allocated a newsrack space on the blockface shall remove the +newsrack containing that publication within 10 days after the date the lottery +is conducted. +      (5)   If the number of lawfully-operated freestanding newsracks on the +blockface equals the number of newsrack spaces allowed on the blockface under +this division, the publications dispensed in those lawfully-operated newsracks +will each be allocated a newsrack space on the blockface as long as compliance +with this division is maintained. The publishers of the publications allocated +newsrack spaces under this paragraph shall select locations on the blockface in +the order in which their completed license applications are received by the +director in compliance with this division, with the first received having first +choice. +      (6)   If the number of lawfully-operated freestanding newsracks on the +blockface is less than the number of newsrack spaces allowed on the blockface +under this division, the publications dispensed in those lawfully-operated +newsracks will each be allocated a newsrack space on the blockface as long as +compliance with this division is maintained. The publishers of the existing +publications allocated newsrack spaces under this paragraph shall select +locations on the blockface in the order in which their completed license +applications are received by the director in compliance with this division, +with the first received having first choice. The remaining newsrack spaces will +be allocated through the lottery process described in Subsection (b) of this +section. +   (b)   Future allocation. After the initial allocation of newsrack locations +under Subsection (a), whenever one or more freestanding newsrack spaces become +available on a blockface, the director shall allocate the newsrack locations in +accordance with the following procedures: +      (1)   The director shall, by personal service or by regular United States +mail, notify all publishers that a lottery will be held to allocate the +available freestanding newsrack spaces. The notice must: +         (A)   identify the number and location (by blockface) of the available +newsrack spaces; +         (B)   state the date, time, and location of the lottery; +         (C)   state the date and time by which the director must receive all +requests to have publications entered in the lottery and the address at which +the requests must be received; and +         (D)   state any other information the director determines necessary to +conduct the lottery. +      (2)   The director shall place in a pool the names of all publications +for which requests to participate in the lottery were timely received. If the +same publication was requested more than once, its name will be placed in the +pool twice. The director shall draw from the pool a number of publication names +equal to the number of newsrack spaces available on that blockface. The +director shall assign numbers to the names, beginning with the Number 1 for the +first-drawn name and continuing in a sequential manner. The publications whose +names are drawn will be allocated a newsrack space on the blockface as long as +compliance with this division is maintained. The publishers of the publications +allocated a newsrack space through the lottery process will select locations on +the blockface in the order in which their publication names were drawn, with +Number 1 having first choice. The director shall draw the remaining publication +names from the pool and assign them a number, beginning with the number +following the one assigned to the last publication allocated a newsrack space +on the blockface. These remaining publications will be allocated a newsrack +space on the blockface (in the order drawn) only if any of the other +publications originally allocated a newsrack space on the blockface do not want +the space or do not qualify for the space. +   (c)   Random five-year lottery. Five years after the initial allocation of +newsrack spaces on a blockface and every five years thereafter, the director +shall reallocate the newsrack spaces in accordance with the lottery procedures +established in Subsection (b) of this section. The publisher of any publication +that is not allocated a newsrack space on the blockface shall remove the +newsrack containing that publication within 10 days after the date the lottery +is conducted. (Ord. Nos. 26809; 27201) +SEC. 43-126.24.   STANDARDS FOR INSTALLATION, OPERATION, AND MAINTENANCE OF +NEWSRACKS. +   (a)   Any newsrack that, in whole or part, rests on any public right-of-way +within the city not open to vehicular traffic must: +      (1)   comply with all applicable city ordinances and state and federal +laws; and +      (2)   not remain continuously empty of publications authorized under the +newsrack license for more than 30 consecutive days. +   (b)   In addition to meeting the requirements of Subsection (a), any +freestanding newsrack or multiple newsrack unit that, in whole or part, rests +on any public right-of-way within the city not open to vehicular traffic must +meet all of the following standards: +      (1)   Not display advertising, except that a logo or other information +identifying the publication and coin operation information may appear on the +newsrack. This information must be contained in an area not to exceed six +inches high and 20 inches wide on the front, back, and/or sides of the +newsrack. +      (2)   If the newsrack will be located within any special district with an +overall design theme that specifies particular colors or materials, then the +newsrack material and color must conform to the special district design +requirements. If design standards for a special district require that +particular materials or colors be used for newsracks, the director shall notify +any licensee with a newsrack in that district of the requirements. +      (3)   Have a notice, not to exceed three inches high and five inches +wide, in a readily visible place on the newsrack with the name of the +distributor and a working telephone number of whom to call to report a +malfunction or to obtain a refund if any coin return mechanism malfunctions. +This separate notice is not required if the information required by this +paragraph is included with the logo and information allowed under Paragraph (1) +of this subsection. +      (4)   Be maintained in a neat and clean condition and in good repair such +that: +         (A)   the newsrack is reasonably free of dirt and grease; +         (B)   the newsrack is reasonably free of chipped, faded, peeling, and +cracked paint in the visible painted areas; +         (C)   the newsrack is reasonably free of rust and corrosion in the +visible unpainted metal areas; +         (D)   any clear plastic or glass parts through which the publications +are viewed are unbroken and reasonably free of cracks, dents, blemishes, and +discoloration; +         (E)   any paper or cardboard parts or inserts are reasonably free of +tears, peeling, or fading; and +         (F)   no structural parts are broken or excessively misshapen. +      (5)   Be of sufficient weight, or be anchored in a manner approved by the +director to a heavy metal plate of sufficient weight, to prevent tipping over +of the newsrack. A freestanding newsrack may not be anchored to the ground, +sidewalk, trees, posts, poles, or streetscape furniture. (Ord. Nos. 26809; +27201) +SEC. 43-126.25.   LOCATIONAL REQUIREMENTS FOR NEWSRACKS. +   (a)   No freestanding newsrack or multiple newsrack unit may be located in a +manner that: +      (1)   impairs or interferes with: +         (A)   pedestrian traffic; +         (B)   the ability to fully open a door to any building; +         (C)   the loading or unloading of passengers from a bus or light rail +vehicle; or +         (D)   emergency access to a building or property by the police +department, the fire department, or emergency medical services; +      (2)   reduces the clear, unimpeded sidewalk width to less than: +         (A)   nine feet for sidewalks 14 feet or wider; or +         (B)   three-fourths of the sidewalk width (but in no case less than +three feet) for sidewalks less than 14 feet wide; +      (3)   obstructs the visibility of a fire hydrant, fire department inlet +connection, fire protection system control valve, fire call box, police call +box, traffic control signal box, or other emergency facility so that the +emergency facility cannot be clearly seen from a public street or roadway open +to motor vehicular traffic; or +      (4)   is determined by the director to endanger the safety of persons or +property. +   (b)   On each blockface, freestanding newsracks must be placed together in +groups, with not more than eight newsracks in each group. A distance of at +least 50 feet must separate each group of freestanding newsracks located on the +same blockface. +   (c)   No more than eight newsracks (whether freestanding newsracks or +newsrack spaces in multiple newsrack units) on any block may dispense the same +publication, and no more than two newsracks (whether freestanding newsracks or +newsrack spaces in multiple newsrack units) on any blockface may dispense the +same publication. The same publication may not be dispensed in more than one +newsrack space in a multiple newsrack unit or in an attached grouping of +multiple newsrack units. Notwithstanding any provision of this subsection to +the contrary, the same publication may be dispensed in a multiple newsrack unit +in excess of the limits set forth in this subsection whenever the director: +      (1)   determines it is necessary to fill vacant newsrack spaces in a +multiple newsrack unit; +      (2)   determines that there is a lack of demand for the vacant newsrack +spaces by other publications; and +      (3)   conducts a lottery in accordance with Section +43-126.29(h)(2) to allocate the vacant newsrack spaces. +   (d)   A freestanding newsrack or a multiple newsrack unit may not be located +within: +      (1)   any median or traffic island; +      (2)   a visibility triangle as defined in Section +51A-4.602(d)(2) of this code; +      (3)   the area contained within the projection of the width of a midblock +crosswalk to the back of an adjacent sidewalk; +      (4)   the area contained within the projection of the width of a +building’s doorway to the curb face or pavement edge of any public street or +roadway open to motor vehicular traffic; +      (5)   two feet of a curb face or pavement edge of any public street or +roadway open to motor vehicular traffic if the newsrack opens away from the +curb face or pavement edge, except that if the curb face or pavement edge is +adjacent to a designated no parking zone or area, then the newsrack may not be +located within 1-1/2 feet of the curb face or pavement edge; +      (6)   three feet of: +         (A)   any mailbox, water feature, art, monument, planter, kiosk, trash +receptacle, drinking fountain, streetscape bench, or parking meter; +         (B)   a fire hydrant, fire department inlet connection, fire +protection system control valve, fire call box, police call box, traffic +control signal box, or other emergency facility; or +         (C)   a bench, shelter, informational sign, or ticketing equipment of +a light rail system; +      (7)   five feet of a curb face or pavement edge of any public street or +roadway open to motor vehicular traffic if the newsrack opens towards the curb +face or pavement edge; +      (8)   six feet of a bicycle rack; +      (9)   seven feet of a bus stop sign, bus stop bench, or bus stop shelter; +or +      (10)   15 feet of the centerline of rail of any light rail system track. +   (e)   A freestanding newsrack may not be located within a multiple newsrack +unit zone or within 50 feet of a multiple newsrack unit zone. (Ord. Nos. 26809; +27201) +SEC. 43-126.26.   DISPLAY AND DISTRIBUTION OF HARMFUL MATERIALS THROUGH +NEWSRACKS. +   A licensee shall not knowingly display, distribute, or sell any harmful +matter, as defined in Section 43.24(a)(2) of the Texas Penal Code, as amended, +through any newsrack licensed under this division. (Ord. Nos. 26809; 27201) +SEC. 43-126.27.   RESTORATION OF THE RIGHT-OF-WAY. +   (a)   Upon termination of a license, the licensee (or the director’s +designee, who shall assess any costs to the licensee) shall remove a +freestanding newsrack and restore the right-of-way to its original condition in +a manner satisfactory to the director. A licensee shall remain liable for all +license fees from the time a license is issued until such time as all +freestanding newsracks are removed, the license area is restored to its +original condition, and the license is properly terminated. +   (b)   Whenever a city contractor removes a multiple newsrack unit from the +right-of-way for any reason, the city contractor shall restore the right-of- +way to its original condition in a manner satisfactory to the director. (Ord. +Nos. 26809; 27201) +SEC. 43-126.28.   REMOVAL OF NEWSRACKS AND PUBLICATIONS. +   (a)   If the director determines that a freestanding newsrack is not in +compliance with the requirements of this division or that a newsrack space in a +multiple newsrack unit is not being operated in compliance with the +requirements of this division, the director shall send a “Notice of Intent to +Remove” by personal service or by certified mail, return receipt requested, to +the licensee. The notice must state the violation or violations that constitute +the basis for the proposed removal of the licensee’s freestanding newsrack or +the proposed removal of publications from the licensee’s newsrack space in a +multiple newsrack unit, whichever is applicable, and suggest corrective action +if applicable. The notice must specify the date, time, and place for a hearing +to be held before removal. +   (b)   The hearing must be held not less than 10 days following service of +notice. Prior to the hearing, the licensee may correct the violation or may +file a written statement setting forth the reason or reasons why the newsrack +or publications, whichever applies, should not be removed. At the hearing, the +director or the director’s designee shall hear evidence and determine whether +the licensee’s freestanding newsrack complies with this division or whether the +licensee’s newsrack space in a multiple newsrack unit is being operated in +compliance with this division, whichever applies. If it is determined that a +freestanding newsrack is not in compliance with this division, the newsrack +must be removed by the licensee or otherwise brought into compliance. If it is +determined that a newsrack space in a multiple newsrack unit is not being +operated in compliance with this division, the licensee shall remove all +publications from the newsrack space or otherwise bring the operation of the +newsrack space into compliance. The decision of the director may be appealed to +the city manager in accordance with Subsection (e) of this section. If, within +10 days after the date of the hearing or, if an appeal is filed, within 10 days +after the date of the city manager renders a decision, the licensee has not +removed the freestanding newsrack or the publications, whichever applies, or +otherwise come into compliance with this division, the city may remove the +newsrack or the publications and recover the costs of removal and storage from +the licensee. +   (c)   The director may summarily remove or order any freestanding newsrack +removed if it creates an imminent danger of personal injury or property damage. +Promptly following the summary removal, the director shall notify the licensee +by personal service or by certified mail, return receipt requested, of the +removal, the reason for the removal, and the right to appeal the action to the +city manager in accordance with Subsection (e). The licensee may recover any +newsracks summarily removed upon reimbursement to the city for the costs of +removal and storage. Any coins or publications contained in the newsrack will +be returned to the licensee when the newsrack is returned. The licensee may +return the freestanding newsrack to its original location upon correction of +the violation (unless the location constituted a violation). +   (d)   Any newsrack or publication not claimed within 10 days after removal +by the city may be disposed of by the city as unclaimed property. +   (e)   If the director orders removal of a freestanding newsrack or a +publication under Subsection (b) or summarily removes a freestanding newsrack +under Subsection (c), this action is final unless, within 10 days after the +receipt of notice of the director’s action, the affected licensee, publisher, +or owner of the newsrack or publication, whichever applies, files with the city +manager a written appeal. Within 15 days after the appeal is filed, the city +manager or the city manager’s designee shall consider all the evidence in +support of and against the action appealed and render a decision sustaining, +modifying, or reversing all or part of the director’s action. The formal rules +of evidence do not apply to an appeal hearing under this subsection, and the +city manager or the city manager’s designee shall make a ruling on the basis of +a preponderance of the evidence presented at the hearing. The decision of the +city manager is final as to administrative remedies. (Ord. Nos. 26809; 27201) +SEC. 43-126.29.   MULTIPLE NEWSRACK UNIT ZONES. +   (a)   The city council may, by ordinance, establish zones within the city +where the exclusive use of multiple newsrack units is required. A request for a +multiple newsrack unit zone may be initiated by a city council member or by the +signatures of at least 40 percent of the publishers lawfully operating +freestanding newsracks in the proposed zone. +   (b)   Criteria that may be considered in establishing a multiple newsrack +unit zone include, but are not limited to: +      (1)   whether there is extensive availability and use of public +transportation services and facilities in the proposed zone; +      (2)   whether there is a large amount of pedestrian traffic in the +proposed zone; +      (3)   whether there is a proliferation of freestanding newsracks in the +proposed zone; +      (4)   whether limited space is available for freestanding newsracks in +the proposed zone; and +      (5)   whether the proposed zone is located in a distinct area with an +established urban or neighborhood character. +   (c)   The following areas have been established by the city council as +multiple newsrack unit zones: +      (1)   Expanded Central Business District Zone, which is the area +contained within the following boundaries: +         Dallas North Tollway from Stemmons Freeway to Harry Hines Boulevard; +         Harry Hines Boulevard from the Dallas North Tollway to Field Street; +         Field Street from Harry Hines Boulevard to Woodall Rodgers Freeway; +         Woodall Rodgers Freeway from Field Street to Central Expressway; +         Central Expressway from Woodall Rodgers Freeway to Julius Schepps +Freeway; +         Julius Schepps Freeway from Central Expressway to Interstate 30; +         Interstate 30 from Julius Schepps Freeway to Stemmons Freeway; and +         Stemmons Freeway from Interstate 30 to the Dallas North Tollway. +      (2)   Reserved. +   (d)   Before multiple newsrack units are installed in the Expanded Central +Business District Zone and before an ordinance is adopted establishing any +additional multiple newsrack unit zone, the director shall prepare a plan that +includes: +      (1)   the number and proposed locations of the multiple newsrack units to +be installed in the zone; +      (2)   the design criteria for the multiple newsrack units to be installed +in the zone; and +      (3)   the number and location of existing freestanding newsracks in the +zone. +   (e)   After the plan is prepared, the director shall place on a city council +agenda an item for council consideration of the installation of multiple +newsrack units in the Expanded Central Business District Zone or the +establishment of an additional proposed multiple newsrack unit zone, whichever +applies. At least 10 days before the date of the council meeting at which the +city council will consider the item, notice of the meeting must be sent by +regular United States mail to: +      (1)   all publishers having current licenses with the city to operate +newsracks in the public right- of-way; and +      (2)   all owners of property located within 200 feet of the Expanded +Central Business District Zone or the proposed multiple newsrack unit zone, +whichever applies, except that if more than 10 property owners are located +within that distance, the director may, in lieu of mailing notices to the +property owners, publish the notice in a newspaper of general circulation in +the city at least 10 days before the date of the council meeting. +   (f)   The notice required in Subsection (e) must include the date, time, and +location of the council meeting and a brief summary of the proposed plan for +the multiple newsrack unit zone. +   (g)   After the installation of multiple newsrack units in the Expanded +Central Business District Zone is approved by the city council or after a +multiple newsrack unit zone is established by the city council, the city will +install and maintain multiple newsrack units in the zone. A publisher shall +only use a multiple newsrack unit provided by the city or a city contractor to +dispense publications in a multiple newsrack unit zone, except that any +freestanding newsrack lawfully operating on a blockface at the time the +blockface is included in a multiple newsrack unit zone may continue to operate +on the blockface until multiple newsrack units are actually installed on the +blockface. +   (h)   The director shall allocate newsrack spaces in multiple newsrack units +in accordance with the following procedures: +      (1)   Initial allocation. +         (A)   The director shall determine how many newsrack spaces are +available in multiple newsrack units placed on a blockface in compliance with +this section. +         (B)   The director shall determine how many freestanding newsracks are +being lawfully operated on the blockface. A freestanding newsrack will be +considered as being lawfully operated on a particular blockface if it is +designated as being located on that blockface in the most recent list of +newsrack locations provided to the director by a publisher holding a valid +newsrack license issued by the city council or a valid temporary newsrack +license issued by the director. The list must be received by the director +before the date the city council adopts the particular multiple newsrack unit +zone. +         (C)   If the number of lawfully-operated freestanding newsracks on the +blockface exceeds the number of newsrack spaces available in multiple newsrack +units on the blockface, the director shall conduct a lottery to determine the +allocation of the newsrack spaces. +         (D)   The director shall place in a pool the names of all publications +dispensed in the freestanding newsracks that are being lawfully operated on the +blockface. If the same publication is being dispensed by more than one newsrack +on the blockface, its name will be placed in the pool twice. The director shall +draw from the pool a number of publication names equal to the number of +newsrack spaces available in multiple newsrack units on that blockface. The +director shall assign numbers to the names, beginning with the Number 1 for the +first-drawn name and continuing in a sequential manner. The publications whose +names are drawn will be allocated a newsrack space in a multiple newsrack unit +on the blockface as long as compliance with this division is maintained. The +publishers of the publications allocated a newsrack space through the lottery +process will select locations in the multiple newsrack units on the blockface +in the order in which their publication names were drawn, with Number 1 having +first choice. The director shall draw the remaining publication names from the +pool and assign them a number, beginning with the number following the one +assigned to the last publication allocated a newsrack space in a multiple +newsrack unit on the blockface. These remaining publications will be allocated +a newsrack space in a multiple newsrack unit on the blockface (in the order +drawn) only if any of the other publications originally allocated a newsrack +space do not want the space or do not qualify for the space. The publisher of +any publication that is not allocated a newsrack space in a multiple newsrack +unit on the blockface shall remove the newsrack containing that publication +within 10 days after the date the lottery is conducted. +         (E)   If the number of lawfully-operated freestanding newsracks on the +blockface equals the number of newsrack spaces available in multiple newsrack +units on the blockface, the publications dispensed in those lawfully-operated +newsracks will each be allocated a newsrack space in a multiple newsrack unit +on the blockface as long as compliance with this division is maintained. The +publishers of the publications allocated newsrack spaces under this paragraph +shall select locations in the multiple newsrack units on the blockface in the +order in which their completed license applications are received by the +director in compliance with this division, with the first received having first +choice. +         (F)   If the number of lawfully-operated freestanding newsracks on the +blockface is less than the number of newsrack spaces available in multiple +newsrack units on the blockface, the publications dispensed in those lawfully- +operated newsracks will each be allocated a newsrack space in a multiple +newsrack unit on the blockface as long as compliance with this division is +maintained. The publishers of the existing publications allocated newsrack +spaces under this paragraph shall select locations in a multiple newsrack unit +on the blockface in the order in which their completed license applications are +received by the director in compliance with this division, with the first +received having first choice. The remaining newsrack spaces will be allocated +through the lottery process described in Paragraph (2) of this subsection. +      (2)   Future allocation. +         (A)   Whenever one or more newsrack spaces become available in a +multiple newsrack unit on a blockface, the director shall, by personal service +or by regular United States mail, notify all publishers that a lottery will be +held to allocate the available newsrack spaces. The notice must: +            (i)   identify the number and location (by blockface) of the +available newsrack spaces; +            (ii)   state the date, time, and location of the lottery; +            (iii)   state the date and time by which the director must receive +all requests to have publications entered in the lottery and the address at +which the requests must be received; and +            (iv)   state any other information the director determines +necessary to conduct the lottery. +         (B)   The director shall place in a pool the names of all publications +for which requests to participate in the lottery were timely received. If the +same publication was requested more than once, its name will be placed in the +pool twice. The director shall draw from the pool a number of publication names +equal to the number of newsrack spaces available in multiple newsrack units on +that blockface. The director shall assign numbers to the names, beginning with +the Number 1 for the first-drawn name and continuing in a sequential manner. +The publications whose names are drawn will be allocated a newsrack space in a +multiple newsrack unit on the blockface as long as compliance with this +division is maintained. The publishers of the publications allocated a newsrack +space through the lottery process will select locations in a multiple newsrack +unit on the blockface in the order in which their publication names were drawn, +with Number 1 having first choice. The director shall draw the remaining +publication names from the pool and assign them a number, beginning with the +number following the one assigned to the last publication allocated a newsrack +space in a multiple newsrack unit on the blockface. These remaining +publications will be allocated a newsrack space in a multiple newsrack unit on +the blockface (in the order drawn) only if any of the other publications +originally allocated a newsrack space do not want the space or do not qualify +for the space. +      (3)   Random five-year lottery. Five years after the initial allocation +of newsrack spaces in a multiple newsrack unit on a blockface and every five +years thereafter, the director shall reallocate the newsrack spaces in +accordance with the lottery procedures established in Paragraph (2) of this +subsection. The publisher of any publication that is not allocated a newsrack +space in a multiple newsrack unit on a blockface shall remove any publications +from any newsrack space on that blockface within 10 days after the date the +lottery is conducted. +   (i)   A publisher allocated a newsrack space in a multiple newsrack unit in +a zone shall install and maintain any coin-operated lock it requires to be on +its assigned newsrack. The locking device must be approved by the director (or +a city contractor, if applicable) and must not interfere with the use of the +other newsracks in the multiple newsrack unit. +   (j)   The city may contract with another person for the installation, +operation, maintenance, repair, removal, and replacement of multiple newsrack +units in a multiple newsrack unit zone established under this section. (Ord. +Nos. 26809; 27201) +SEC. 43-126.30.   SPLIT-DOOR NEWSRACKS. +   (a)   A freestanding newsrack or a newsrack space in a multiple newsrack +unit may be split into two separate distribution areas. +   (b)   A separate license and license fee is required for each distribution +area of a split-door newsrack. (Ord. Nos. 26809; 27201; 27659) +SEC. 43-126.31.   VIOLATIONS; PENALTY. +   (a)   A person who installs, operates, or maintains a newsrack on a public +right-of-way within the city in violation of this division or without a license +issued under this division is guilty of an offense and, upon conviction, is +subject to a fine not to exceed $500 for each day that the violation exists. +   (b)   It is a defense to prosecution under this section that the person was +installing, operating, or maintaining the newsrack pursuant to a contract with +the city for those services. +   (c)   The penalties provided for in Subsection (a) are in addition to any +other enforcement remedies that the city may have under this division, other +city ordinances, and state law. (Ord. Nos. 26809; 27201) +ARTICLE VII. +SALE OF MERCHANDISE AND PRODUCE ON STREETS AND SIDEWALKS. +SEC. 43-127.   UNLAWFUL SOLICITATION AT THE CONVENTION CENTER AND REUNION +ARENA. +   (a)   A person commits an offense if he solicits money on the premises of: +      (1)   the convention center; or +      (2)   reunion arena. +   (b)   If a person engages in conduct that violates Subsection (a), the +person must be ordered to stop the solicitation before being arrested. The +order to stop the solicitation may be given by a police officer, security +officer, or person with authority to control the use of the premises. +   (c)   It is a defense to prosecution under Subsection (a) that: +      (1)   no order was given to stop the solicitation; +      (2)   an order, if given, was promptly obeyed; or +      (3)   the person had the written consent of the lessee of the premises to +conduct a solicitation. +   (d)   For the purposes of this section, “convention center” means the area +contained within the following boundaries: +      BEGINNING at the intersection of the west line of Akard Street with the +south line of Young Street; +      THENCE along the south line of Young Street, in a westerly and +northwesterly direction to its intersection with the east line of S. Griffin +Street; +      THENCE along the east line of S. Griffin Street, in a southerly direction +to its intersection with the prolongation of the northerly line of a tract of +land conveyed to the City of Dallas, by deed as recorded in Volume 83134, Page +5559, Deed Records of Dallas County, Texas; +      THENCE along the prolongation of the northerly line and continuing along +the northerly line of the abovementioned tract of land, in a westerly +direction, passing the east line of S. Lamar Street and continuing to its +intersection with the west line of S. Lamar Street; +      THENCE along the west line of S. Lamar Street, in a southerly direction +to its intersection with the most northerly line of the Final Plat Dallas +Convention Center Expansion (City Plan File #S901-066R); +      THENCE along the northerly line of the abovementioned Dallas Convention +Center Expansion Plat, in a westerly direction to its intersection with the +easterly line of Jefferson Boulevard Viaduct; +      THENCE along the easterly line of Jefferson Boulevard Viaduct, in a +southerly and southwesterly direction to its intersection with the +southwesterly line of Hotel Street; +      THENCE along the southwesterly line of Hotel Street, in a southeasterly +direction to its intersection with the northwesterly R.O.W. line of E. R.L. +Thornton Freeway (I.H. 30); +      THENCE along the northwesterly line of E. R.L. Thornton Freeway (I.H. +30), in a northeasterly direction to its intersection with the northwesterly +line of Canton Street; +      THENCE along the northwesterly line of Canton Street, in a northeasterly +direction to its intersection with the southwesterly line of Akard Street, +excluding a tract of land bounded by Lamar Street, Canton Street, Griffin +Street, and Memorial Drive; +      THENCE along the southwesterly line of Akard Street, in a northwesterly +and northerly direction to its intersection with the south line of Young +Street, and the point of beginning. +   (e)   For the purposes of this section, “reunion arena” means: +      (1)   inside the reunion arena building and that area within 50 feet of +any entrance to or exit from the reunion arena building; and +      (2)   parking area A - being the area bounded by Hotel Street, North +Drive, Sports Street and “South Park” designated as “Parking Area A”, and being +more particularly described as follows: +         BEGINNING at a point on the west edge of the west sidewalk along Hotel +Street, at a distance of 6 feet north of the north curb line of “Parking Area +A”; +         THENCE in a southerly, westerly and northerly direction along the back +edge of the sidewalk which is 10 feet from the curb line along Hotel Street, +North Drive and Sports Street, 413 feet, more or less, to a point 6 feet north +of the north curb line of “Parking Area A”; +         THENCE eastward along the south line of “South Park” and along a line +which is 6 feet perpendicular distance north from and parallel with the north +curb line of “Parking Area A”, 246 feet to the place of beginning; and +      (3)   parking area B - being the area bounded by Stemmons Freeway, +Reunion Boulevard, Sports Street and Sports Place, which is designated as +“Parking Area B”, and being more particularly described as follows: +         BEGINNING at the intersection of the southeast right-of- way line of +Houston Street Viaduct with the northeasterly right-of-way line of Stemmons +Freeway; +         THENCE in a northwesterly and northerly direction along the northeast +and easterly right-of-way line of Stemmons Freeway, and along a line which is +15 feet eastward from the east curb line of the frontage road, 1632 feet, more +or less, to the north curb line of “Parking Area B”; +         THENCE eastward along the north curb line, 213.24 feet to the +southwesterly right-of-way line of Reunion Boulevard; +         THENCE southeastward along the southwest right-of- way line of Reunion +Boulevard and along a line which is 10 feet southwest from the southwest curb +line, 100 feet, more or less, to the easterly right-of-way line of Sports +Street; +         THENCE southerly and southeasterly along the westerly and +northwesterly right-of-way line of Sports Street and along a line which is 10 +feet westerly and southwesterly from the westerly curb line of Sports Street, +1367 feet, more or less, to the southeast right-of-way line of Houston Street +Viaduct; +         THENCE southwesterly along the southeast right-of- way of Houston +Street Viaduct and along a line which is 40 feet southeastward from the center +line of the Viaduct, 230 feet, more or less, to the place of beginning. +      (4)   parking area C - being the area bounded by Memorial Drive, Sports +Street, Sports Place and Hotel Street, designated as “Parking Area C”, and +being more particularly described as follows: +         BEGINNING at the intersection of the northwest edge of the sidewalk +along the northwest side of Memorial Drive with the northeast edge of the +sidewalk along the northeast side of Sports Street; +         THENCE northwestward along the northeast edge of the sidewalk along +the northeast side of Sports Street, 280 feet, more or less, to a point on the +southeast edge of the sidewalk along the southeast side of Sports Place; +         THENCE northeastward along the southeast edge of the sidewalk along +the southeast side of Sports Place, 445 feet, more or less, to the northeast +curb line of “Parking Area C”; +         THENCE southeastward along the curb line of the parking area and along +the southwest line of Hotel Street, 275 feet, more or less, to a point on the +northwest edge of the sidewalk along the northwest side of Memorial Drive; +         THENCE southwestward along the northwest edge of the sidewalk along +the northwest side of Memorial Drive, 410 feet, more or less, to the place of +beginning. +      (5)   parking area D - being the area bounded by Stemmons Freeway, Sports +Place, Sports Street, and Memorial Drive, designated as “Parking Area D”, and +being more particularly described as follows: +         BEGINNING at the intersection of the southwestward prolongation of the +northwest line of the sidewalk along the northwest side of Memorial Drive with +the southeastward prolongation of the line of the post with chain, which is +approximately 7 feet from and parallel with the northeast curb line of the east +frontage road along Stemmons Freeway; +         THENCE northwestward along the line of the post with chain, along the +northeast side of Stemmons Freeway, 265 feet, more or less, to an angle point +in the curb line of “Parking Area D”; +         THENCE angle right 35° 00’ and northward along the curb line of the +parking area, 28 feet, more or less, to a corner in the curb; +         THENCE angle right 70° 00’ and northeastward along the curb line of +the parking area, 19 feet to an inside corner; +         THENCE angle left 90° 00’ and northeastward along the curb line of the +parking area, 9 feet to the southeast edge of the 10-foot wide sidewalk along +the southeast side of Sports Place; +         THENCE northeastward along the southeast edge of the sidewalk along +Sports Place, 184 feet to a point for corner in the curb line of the parking +area; +         THENCE angle right 90° 00’ and southeastward along the curb line of +the parking area, 9 feet to an inside corner; +         THENCE angle left 110° 00’ and northward along the curb line of the +parking area, 19 feet, more or less, to a point on the southwest edge of the +sidewalk along the southwest side of Sports Street; +         THENCE southeastward along the line of the southwest edge of said +sidewalk, 282 feet, more or less to a corner in the curb line of the parking +area, said corner being approximately 13 feet southeast from the southeast line +of columns for Jefferson Street Viaduct; +         THENCE angle right 90° 00’ and southwestward along the curb line of +the parking area, 19 feet, more or less, to an inside corner in the curb line; +         THENCE angle left 90° 00’ and southeastward along the curb line of the +parking area, 18 feet, more or less, to a point on the northwest edge of a 10- +foot wide sidewalk along the northwest side of Memorial Drive; +         THENCE southwestward along the line of the northwest edge of the +sidewalk along the northwest side of Memorial Drive, 218 feet, more or less, to +the place of beginning. +      (6)   parking area E - being the area bounded by Memorial Drive, Hotel +Street, R. L. Thornton Freeway and Stemmons Freeway, designated as “Parking +Area E”, and being more particularly described as follows: +         BEGINNING at the southeast corner of “Parking Area E”, which is the +intersection of the southwest edge of the sidewalk along the southwest side of +Hotel Street with the post with chain line along the north line of R. L. +Thornton Freeway; +         THENCE in a westerly and northwesterly direction along the line of +post with chain, along the northerly line of R. L. Thornton Freeway and the +northeasterly line of Stemmons Freeway, 1380 feet, more or less, to a curb line +at the northwest corner of “Parking Area E”, at a distance of approximately 30 +feet south of the prolongation of the southeast curb line of Memorial Drive; +         THENCE angle right 90° 00’ and northeastward along the curb line of +said parking area, 22 feet, more or less, to an inside corner in said curb +line; +         THENCE angle left 80° 00’ and northwestward along the curb line of +said parking area, 19 feet to the southeast edge of a 10-foot wide sidewalk +along the southeast side of Memorial Drive; +         THENCE northeastward along the southeast edge of the sidewalk along +the southeast side of Memorial Drive, 189 feet to a corner in said parking +area; +         THENCE angle right 90° 00’ and southeastward along the curb line in +said parking area, 19 feet to an inside corner of said curb; +         THENCE angle left 100° 00’ and northeastward along a curb line in said +parking area, 20 feet to the southwest edge of the sidewalk along the southwest +side of a drive designated as “Driveway E”; +         THENCE angle right 90° 00’ and southeastward along the southwest edge +of the sidewalk along the southwest side of said drive, 15 feet, more or less, +to its intersection with the southwestward prolongation of the southeast edge +of a 10-foot wide sidewalk along the southeast side of Memorial Drive; +         THENCE northeastward along the line of the southeast edge of the 10- +foot wide sidewalk along the southeast side of Memorial Drive, 450 feet, more +or less, to a corner in the most northerly portion of “Parking Area E”; +         THENCE angle right 90° 00’ and southeastward along a curb line in said +parking area, 19 feet to an inside corner in the curb line of said parking +area; +         THENCE angle left 90° 00’ and northeastward parallel with Memorial +Drive and along a curb line of said parking area, 18 feet, more or less, to the +southwest edge of the sidewalk along the southwest side of Hotel Street; +         THENCE southeastward along the southwest edge of the sidewalk along +the southwest side of Hotel Street, 1078 feet, more or less, to the place of +beginning. +      (7)   parking area F - being a fenced area lying within the right-of-way +of Stemmons Freeway at R. L. Thornton Freeway, designated as “Parking Area F”, +and being more particularly described as follows: +         BEGINNING at the intersection of the chain link fence along the +southwest side of the east frontage road along Stemmons Freeway with the +northeastward prolongation of the chain link fence along the northwest side of +“Parking Area F”, said point being approximately 12 feet south of the south end +of the headwall of the culvert for Mill Creek Channel; +         THENCE southeastward along the line of the chain link fence along the +southwest side of the east frontage road, 450 feet, more or less, to a fence +corner; +         THENCE angle right 90° 00’ and southward along the chain link fence, +25 feet, more or less, to an inside corner of the chain link fence; +         THENCE angle left 65° 30’ and southeastward along the chain link +fence, 25 feet, more or less, to a fence corner; +         THENCE southwestward along a chain link fence line along the northwest +line of an access road from the east frontage road to R. L. Thornton Freeway, +known as “Connection G”, 253 feet, more or less, to a fence corner being the +most southerly corner of said “Parking Area F”; +         THENCE northwestward along the chain link fence line, along the +southwest side of the parking area, 467 feet, more or less, to a fence corner +on the northwest line of said parking area; +         THENCE northeastward along the chain link fence along the northwest +side of said parking area, 135 feet, more or less, to the place of beginning. +      (8)   parking area G - being the area bounded by Houston Street Viaduct, +Stemmons Freeway and Industrial Boulevard, and being the area enclosed by chain +link fence and post with chain, designated as “Parking Area G” and being more +particularly described as follows: +         BEGINNING at a fence corner at the intersection of the northwest +right-of-way line of Houston Street Viaduct with the westerly right-of-way line +of Stemmons Freeway; +         THENCE in a southeasterly and southerly direction along a chain link +fence along the westerly right-of- way line of Stemmons Freeway, 1022 feet, +more or less, to a point on the northeast right-of-way line of Industrial +Boulevard; +         THENCE in a northwesterly direction along a line of post, with chain, +along the northeast right-of-way line of Industrial Boulevard, 822 feet, more +or less, to a fence corner which is 3 feet southeast from the northwest right- +of-way line of Houston Street Viaduct; +         THENCE in a northeasterly direction along a chain link fence which is +3 feet southeast from the northwest right- of-way line of Houston Street +Viaduct, 121 feet, more or less, to a fence corner; +         THENCE angle left 90° 00’ in a northwesterly direction along a chain +link fence, 3 feet to a fence corner; +         THENCE angle right 90° 00’ in a northeasterly direction along a chain +link fence along the northwest right-of- way line of Houston Street Viaduct, +336 feet, more or less, to the place of beginning. +      (9)   the Houston Loop Parking Area - being the area bounded by Houston +Street, Houston Street Viaduct, AMTRAK right-of-way and Reunion Boulevard, +designated as “Houston Loop Parking Area” and being more particularly described +as follows: +         BEGINNING at a point on the back of the east curb line of “Houston +Loop Parking Area”, which is along the west line of Houston Street said point +being approximately 12 feet north of the north end of Houston Street Viaduct; +         THENCE southward along the back edge of the east curb line of said +parking area and parallel with Houston Street Viaduct, 607 feet, more or less, +to a guard rail with post; +         THENCE southwestward along the guard rail and post, 40 feet, more or +less, to a chain link fence; which is on the northeast right-of-way line of +AMTRAK; +         THENCE northwestward along the northeast line of the AMTRAK right-of- +way and along a chain link fence, 575 feet, more or less, to the northwest curb +line of said parking area; +         THENCE northeastward along the curb line which is approximately 50 +feet southeast from and parallel with the southeast curb line of Reunion +Boulevard, 260 feet, more or less, to the beginning of the concrete pavement +for the exit drive to Reunion Boulevard, which is also the northeast corner of +a concrete pad for a revenue control system; +         THENCE angle right 90° and southeastward, 19 feet; +         THENCE angle left 45° 00’ and eastward 122 feet, more or less, to the +place of beginning. (Ord. Nos. 15167; 16834; 24554) +SEC. 43-128.   RESERVED. +   (Repealed by Ord. 16309) +SEC. 43-129.   CAUSING CROWD TO CONGREGATE ON SIDEWALK. +   No person shall occupy any space on the sidewalk or any space near the +sidewalk where the same attracts any crowd or causes any crowd to congregate on +the sidewalk or where the patrons or customers must remain on the sidewalk, for +the purpose of carrying on any kind of business whether for amusement or +profit. (Code 1941, Art. 143-8) +SECS. 43-130 THRU 43-132. RESERVED. +   (Repealed by Ord. 16309) +SEC. 43-133.   USE OF SIDEWALK FOR DISPLAY OF MERCHANDISE. +   No merchant or owner of a building, fronting on any street, shall be allowed +the use of any portion of any sidewalk for the display of goods, wares or +merchandise. (Code 1941, Art. 143-12; Ord. 3707) +SEC. 43-134.   USE OF SIDEWALK TO FORWARD OR RECEIVE MERCHANDISE. +   Nothing in this article shall be so construed as to prevent any merchant +from occupying not more than one-half of any sidewalk in receiving and +forwarding goods, wares and merchandise; provided, that such goods, wares and +merchandise shall not remain on such sidewalk for a longer period than one and +one-half hours. (Code 1941, Art. 143-12; Ord. 3707) +ARTICLE VIII. +CERTAIN USES OF PUBLIC RIGHT-OF-WAY. +SEC. 43-135.   DEFINITIONS. +   In this article: +      (1)   ABOVE GROUND UTILITY STRUCTURE or AGUS means any utility structure +that extends higher than the surrounding grade. +      (2)   AGUS PLACEMENT GUIDELINES means a manual published by the city of +Dallas that contains engineering, technical, and other special criteria and +standards established by the director for the placement of above ground utility +structures. +      (3)   BACKFILL means: +         (A)   the placement of new dirt, fill, or other material to refill an +excavation; or +         (B)   the return of excavated dirt, fill, or other material to an +excavation. +      (4)   CITY means the city of Dallas and the city's officers and +employees. +      (5)   CLOSURE means a complete or partial closing of a sidewalk or one or +more lanes of traffic of a thoroughfare for any period of time. +      (6)   CONSTRUCTION means any of the following activities performed by any +person within a public right-of-way: +         (A)   Installation, excavation, laying, placement, repair, upgrade, +maintenance, or relocation of facilities or other improvements, whether +temporary or permanent. +         (B)   Modification or alteration to any surface, subsurface, or aerial +space within the public right-of-way. +         (C)   Performance, restoration, or repair of pavement cuts or +excavations. +         (D)   Reconstruction of any of the work described in Paragraphs (6)(A) +through (6)(C) of this subsection. +         (E)   Other similar construction work. +      (7)   DESIGN DISTRICT means an area the city council has designated as a: +         (A)   public improvement district pursuant to Chapter 372 of the Texas +Local Government Code, as amended; +         (B)   reinvestment zone pursuant to Chapter 311 of the Texas Tax Code, +as amended; +         (C)   planned development zoning district; +         (D)   form zoning district subject to Chapter 51A of this code, as +amended; or +         (E)   conservation district. +      (8)   DESIGN MANUAL means a manual published by the city that contains +engineering, technical, and other special criteria and standards established by +the director for the placement, installation, collocation, replacement, and +repair of network nodes, as that term is defined in Chapter 284 of the Texas +Local Government Code, as amended, and any related infrastructure, including +poles, in the public right-of-way. +      (9)   DIRECTOR means the director of public works or any designated +representative. +      (10)   EMERGENCY ACTIVITY means circumstances requiring immediate +construction or operations by a public service provider to: +         (A)   prevent imminent damage or injury to the health or safety of any +person or to the public right-of-way; +         (B)   restore service; or +         (C)   prevent the loss of service. +      (11)   EXCAVATION means the removal of dirt, fill, or other material in +the public right-of-way, including but not limited to the methods of open +trenching, boring, tunneling, or jacking. +      (12)   FACILITIES means the plant, equipment, buildings, structures, +poles, wires, cables, lines, conduit, mains, pipes, vaults, above ground +utility structures, and appurtenances of a public service provider and includes +property owned, operated, leased, licensed, used, controlled, or supplied for, +by, or in connection with the business of the public service provider. +      (13)   MAJOR PROJECT means any construction that requires a pavement cut +of a length of 300 linear feet or greater within any single street or alley or +any construction in an area that the director determines occurs in an area of +high vehicular traffic. +      (14)   PAVEMENT CUT means a cut made into the paved surface of the public +right-of-way. +      (15)   PAVEMENT CUT AND REPAIR STANDARDS MANUAL means a manual published +by the city of Dallas that contains engineering, technical, and other special +criteria and standards established by the director for pavement cut, +excavation, backfill, restoration, and repair activities in the public right- +of-way. +      (16)   PERMITTEE means the person applying for or receiving a permit to +perform construction within the city's right-of-way under the terms and +conditions of this article. The term includes: +         (A)   any officer, director, partner, manager, superintendent, or +other authorized person exercising control over or on behalf of the permittee; +and +         (B)   any contractor or subcontractor of the permittee, for purposes +of compliance with the City of Dallas Pavement Cut and Repair Standards Manual +and the traffic control, construction, and maintenance requirements of this +article. +      (17)   PERSON means a natural person, a corporation, a public service +provider, a governmental entity or agency (including the city), a limited +liability company, a joint venture, a business trust, an estate, a trust, a +partnership, an association, or any other legal entity. +      (18)   PUBLIC RIGHT-OF-WAY means any area of land within the city that is +acquired by, dedicated to, or claimed by the city in fee simple, by easement, +or by prescriptive right and that is expressly or impliedly accepted or used in +fact or by operation of law as a public roadway, highway, street, sidewalk, +alley, or utility access easement. The term includes the area on, below, and +above the surface of the public right-of-way. The term applies regardless of +whether the public right-of-way is paved or unpaved. The term does not include +airwaves above the public right-of- way that fall under the exclusive +jurisdiction of the United States government. +      (19)   PUBLIC SERVICE PROVIDER means any wholesale or retail electric +utility, gas utility, telecommunications company, cable company, water utility, +storm water utility, or wastewater utility, regardless of whether the public +service provider is publicly or privately owned or required to operate within +the city pursuant to a franchise, including a network provider as that term is +defined in Chapter 284 of the Texas Local Government Code, as amended. +      (20)   SPOILS or EXCAVATED MATERIAL means construction waste, +construction supplies, or excavated dirt, fill, or other similar material that +is stored or placed upon the surface of a public right-of-way. +      (21)   SUBDIVISION means "subdivision" as defined in Article VIII, "Plat +Regulations," of the Dallas Development Code, as amended. +      (22)   THOROUGHFARE means: +         (A)   a public traffic arterial, as designated in the city's +thoroughfare plan; +         (B)   a nonresidential collector street, as defined in the Street +Design Manual of the city of Dallas; and +         (C)   all streets within the central business district. +      (23)   UTILITY STRUCTURE: +         (A)   means any structure, cabinet, or other appurtenance (other than +a pole or a device attached to a pole) that is owned or used by a public +service provider to provide service; and +         (B)   does not include: +            (i)   a device or structure used to control or direct pedestrian or +vehicular traffic on an adjacent roadway; or +            (ii)   any infrastructure that provides water used for fire +suppression. (Ord. Nos. 24495; 26263; 28424; 30239; 30620; 30654; 31313) +SEC. 43-136.   DIRECTOR’S AUTHORITY; ENFORCEMENT; OFFENSES. +   (a)   The director is authorized to administer and enforce the provisions of +this article, and to promulgate regulations, including but not limited to +engineering, technical, and other special criteria and standards, to aid in the +administration and enforcement of this article that are not in conflict with +this article, this code, or state or federal law. To further aid in the +administration and enforcement of this article, the director is also authorized +to promulgate regulations and operational standards governing the shared use of +the public right-of-way by transportation uses (including but not limited to +streetcars) and public service providers, so long as those regulations and +standards are not in conflict with this article, this code, or state or federal +law. +   (b)   The director is authorized to enter upon a construction site for which +a permit is granted under this article or, where necessary, upon private +property adjacent to the construction site, for purposes of inspection to +determine compliance with the permit or this article. +   (c)   A person commits an offense if he: +      (1)   performs, authorizes, directs, or supervises construction without a +valid permit issued under this article; +      (2)   violates any other provision of this article; +      (3)   fails to comply with restrictions or requirements of a permit +issued under this article; or +      (4)   fails to comply with an order or regulation of the director issued +pursuant to this article. +   (d)   A person commits an offense if, in connection with the performance of +construction in the public right-of-way, he: +      (1)   damages the public right-of-way beyond what is incidental or +necessary to the performance of the construction; +      (2)   damages public or private facilities within the public right-of- +way; or +      (3)   knowingly fails to clear debris associated with the construction +from a public right-of- way after construction is completed. +   (e)   It is a defense to prosecution under Subsection (d)(2) if the person +complied with all of the requirements of this article and state law and caused +the damage because the facilities in question: +      (1)   were not shown or indicated in a plan document, plan of record, +record construction drawing, or field survey, staking, or marking; and +      (2)   could not otherwise be discovered in the public right-of-way +through the use of due diligence. +   (f)   A person commits an offense if, while performing any construction or +other activity along a public right-of-way (whether or not a building or other +permit is required for the activity), the person: +      (1)   damages the public right-of-way or public or private facilities +located within the public right-of- way; or +      (2)   fails to clear debris associated with the construction or other +activity from a public right-of-way. +   (g)   It is a defense to prosecution under Subsections (f)(1) and (f)(2) +that the person was performing all of the construction or other activity along +the public right-of-way in compliance with any permit issued for the +construction or activity. +   (h)   A person who violates a provision of this article is guilty of a +separate offense for each day or portion of a day during which the violation is +committed, continued, authorized, directed, or permitted. An offense under +Subsection (d)(3) or (f)(2) is punishable by a fine of not less than $500 or +more than $2,000. Any other offense under this article is punishable by a fine +of $500. The culpable mental state required for the commission of an offense +under this article is governed by Section +1-5.1 of this code. +   (i)   This article may be enforced by civil court action in accordance with +state or federal law, in addition to any other remedies, civil or criminal, the +city has for a violation of this article. +   (j)   Prior to initiation of civil enforcement litigation, the permittee or +any other person who has violated a provision of this article must be given the +opportunity to correct the violation within the time frame specified by the +director. This subsection does not prohibit the director or the city from +taking enforcement action as to past or present violations of this article, +notwithstanding their correction. (Ord. Nos. 24495; 26263; 28066) +SEC. 43-137.   REGISTRATION; OTHER REQUIREMENTS. +   (a)   Nothing in this section relieves any person from obtaining a permit +under this article to perform work in the public right-of-way. +   (b)   In order to protect the public health, safety, and welfare, a public +service provider maintaining or operating existing facilities in the public +right-of-way, and any other person working in the public right-of-way, must +register with the director in accordance with the following requirements: +      (1)   The registration must be on a form furnished by the director and +made in the name of the public service provider that owns the facilities or the +person working in the public right-of-way. +      (2)   Registration expires March 1 of every year after the calendar year +in which the first registration occurs. If a registration is not renewed by the +expiration date, the director shall furnish written notice to the public +service provider or person that the registration has expired. If a public +service provider or person fails to renew registration within 30 calendar days +after the director gives notice of the expiration, the facilities of the public +service provider or person will be deemed to have been legally abandoned. +      (3)   If information provided as part of the registration changes, the +public service provider or person must inform the director in writing not more +than 30 days after the date the change occurs. +      (4)   The public service provider or person shall also include the +following with the registration: +         (A)   The name of the public service provider or person using the +public right-of-way, including any business name, assumed name, or trade name +the public service provider operates under or has operated under within the +past five years. +         (B)   If the public service provider is a certificated +telecommunications provider, the certificate number issued by the Texas Public +Utility Commission. +         (C)   The ordinance number of any franchise or license issued by the +city of Dallas that authorizes the public service provider or person to use the +public right-of-way. +         (D)   The names, mailing addresses, e-mail addresses, and telephone +numbers of at least two persons who will be general, day-to-day contacts for +the public service provider or person. At least one of the addresses must be +within the Dallas/Fort Worth metropolitan area. +         (E)   The name, mailing address, and e-mail address of the officer or +agent designated as the person authorized to receive service of process on +behalf of the public service provider or person. +         (F)   The name, mailing address, e-mail addresses, and telephone +number of any contractor or subcontractor, if known, who will be working in the +public right-of-way on behalf of the public service provider or person. +         (G)   The names, telephone numbers, and e-mail addresses of at least +two persons serving as emergency contacts who can be reached by telephone 24 +hours a day, seven days a week. The telephone numbers should be accessible +without the city having to pay a long distance telephone or toll charge. +         (H)   Proof of existing insurance that complies with the following +requirements: +            (i)   The minimum insurance coverage for a public service provider +must be commercial general liability insurance, or any combination of general +liability and umbrella/excess insurance, (including, but not limited to, +premises operations, personal and advertising injury, products/completed +operations, and independent contractors and contractual liability) with a +minimum combined bodily injury (including death) and property damage limit of +$25,000,000 per occurrence, $25,000,000 products/completed operations +aggregate, and $25,000,000 general aggregate, except that public service +providers or persons conducting pavement cuts or excavations not more than 18 +inches in depth from the top of the pavement must provide a minimum combined +bodily injury (including death) and property damage limit of $500,000 per +occurrence $500,000 products/completed operations aggregate, and $500,000 +general aggregate. The liability insurance policy must also include coverage +for explosion, collapse, and underground hazards. The insurance coverage must +be written by a company or companies approved to conduct business in the State +of Texas. The city must be named as an additional insured on the policy by +using endorsement CG 20 26 or broader. +            (ii)   The insurance filed by a public service provider or person +working in the public right-of-way must also meet the same requirements as +insurance filed by a permittee under Section +43-140(a)(3) through (a)(7). A public service provider or person registered +under this section has the same duties, obligations, and liabilities as a +permittee under Section +43-140(a)(3) through (a)(7), except that a public service provider or person +registered under this section does not have to file separate proof of insurance +every time it obtains a permit to perform work in the public right-of-way. +            (iii)   If the public service provider or person is an entity that +has a tangible net worth ratio of 3 to 1 (assets to liabilities) with a minimum +tangible net worth of at least $100,000,000, proof of self-insurance sufficient +to meet the coverage required in this subparagraph is sufficient to satisfy the +insurance requirements of this subparagraph. +      (5)   The insurance requirements of Subsection (b)(4)(H) of this section +do not apply to: +         (A)   construction or other activity performed by the city's own +departments or by contractors hired by the city and working on city-owned +facilities within the public right-of-way; or +         (B)   a public service provider or person operating facilities or +performing construction pursuant to a valid existing franchise or license +approved by the city council. (Ord. Nos. 24495; 26263; 29993) +SEC. 43-138.   PLANS OF RECORD. +   (a)   Any public service provider with facilities in the public right-of-way +shall submit plans of record in accordance with the following requirements: +      (1)   On or before April 1, 2001, a public service provider shall submit +to the director a schedule to provide complete plans of record that show all of +its facilities existing in the public right-of-way as of the date the plans of +record are submitted to the director in compliance with this section. The +schedule must provide for all plans of record for existing facilities inside +the central business district to be furnished to the director on or before +March 1, 2002 and for all plans of record for existing facilities outside the +central business district to be furnished to the director on or before March 1, +2003. +      (2)   On or before March 1 of each calendar year following the initial +submittal of its plans of record, a public service provider shall provide to +the director plans of record that show all installations of new facilities, and +all changes, additions, abandonments, and relocations relating to existing +facilities, completed in the previous calendar year, both inside and outside of +the central business district. +      (3)   The plans of record must be provided in a format specified by the +director and must contain such detail and accuracy as are required by the +director. Plans of record must be submitted in computerized or digital format. +   (b)   If plans of record submitted under this section include information +expressly designated by the public service provider as a trade secret or other +confidential information protected from disclosure by state law, the director +may not disclose that information to the public without the consent of the +public service provider, unless otherwise compelled by an opinion of the +attorney general pursuant to the Texas Open Records Act, as amended, or by a +court having jurisdiction of the matter pursuant to applicable law. This +subsection may not be construed to authorize a public service provider to +designate all matters in its plans of record as confidential or as trade +secrets. (Ord. Nos. 24495; 26263) +SEC. 43-139.   PERMIT REQUIRED; EXCEPTIONS; CONDITIONS; DENIAL AND REVOCATION. +   (a)   A person shall not perform any construction, except for an emergency +activity, within a public right- of-way without first obtaining a permit from +the director prior to the start of construction. A person who undertakes any +work outside of the public right- of-way that will cut, break, or otherwise +damage the public right-of-way shall also obtain a permit under this section. +Except as provided in Subsection (b), a permit is required in accordance with +this section for the following types of construction, regardless of whether the +construction is in or outside of a public right-of-way: +      (1)   Installation of an above ground utility structure that does not +replace an existing facility. +      (2)   Replacement or upgrade of an existing above ground utility +structure with another above ground utility structure. +      (3)   Replacement of an existing below ground utility structure with an +above ground utility structure. +   (b)   Exceptions. +      (1)   A permit is not required under Subsection (a) if the activity in or +outside of the public right-of-way consists exclusively of: +         (A)   the placement of an above ground utility structure on property +that is not: +            (i)   zoned as residential; or +            (ii)   adjacent to property zoned as residential; +         (B)   the replacement or upgrade of an existing above ground utility +structure on or adjacent to property that is zoned as residential when: +            (i)   the existing structure is less than 39 inches tall; and +            (ii)   the replacement or upgrade will not increase the size or +change the location of the structure; or +             +         (C)   maintenance or service to an existing above ground utility +structure. +      (2)   A permit is not required under Subsection (a) if the activity in +the public right-of-way consists exclusively of: +         (A)   a connection of real property to a retail utility service on the +same side of the public right- of-way, if the connection does not require a +pavement cut; or +         (B)   the replacement of a single damaged pole. +   (c)   The following procedures and requirements govern the application for +and issuance of a permit required under Subsection (a) of this section: +      (1)   A permit application must be made in writing on a form approved by +the director. The application must be signed and submitted by the owner of the +facility for which the permit is requested or, if the work does not involve a +facility, by the owner of the improvement for which the permit is requested. +      (2)   Except in the case of a major project, a permit application must be +submitted to the director not less than three business days before commencement +of the proposed construction unless emergency activity is required, in which +case immediate notice, including the reasons for the emergency activity, must +be given to the director. The proposed construction on the project may commence +upon issuance of the permit by the director. +      (3)   A permit application for a major project must be submitted enough +time in advance of the commencement of the proposed construction to allow the +director at least 30 business days for review. During this project submission +review period, schedules, alternatives to cutting the street, utility +assignments, special repair requirements, and all other questions will be +resolved. Adjustments to time limits specified in the Pavement Cut and Repair +Standards Manual may be granted by the director for major project work. The +proposed construction on the project may commence upon issuance of the permit +by the director. +      (4)   A permit application must include a statement by the applicant that +the applicant has collected all available plans for existing city of Dallas +underground facilities and other public and private utilities and has included +those facilities and utilities in the applicant's design, showing no apparent +conflict. The statement must also affirm that the applicant will perform field +verifications as necessary during construction to locate all city and other +existing underground facilities. +      (5)   A permit application for an above ground utility structure in or +outside of a public right-of-way must include identification of appropriate +locations for the structure that are consistent with the placement criteria set +forth in the AGUS Placement Guidelines. +      (6)   The permit application on any project must include submittal of +plans to the director. When required by the Texas Engineering Practice Act, as +amended, the plans must be sealed by a professional engineer licensed to +practice in the State of Texas. The plans must include the horizontal and +vertical alignments of all proposed facilities in relation to all existing +public and private facilities in plan view. The plans must clearly show the +proposed locations of all above ground utility structures and include a detail +view showing the height, width, and depth dimensions of each type of above +ground utility structure (including any supporting pad) to be installed. If the +project is a major project that is located within the central business +district, crosses street intersections, or involves crossing proposed +facilities over or under existing facilities, the plans must also include a +representation of the vertical alignment of the facilities in profile view. +Each sheet of the plans must have a note instructing the contractor to verify +the location of underground utilities at least 100 feet in advance of all +proposed utility crossings, and also at locations where the proposed facilities +are shown to be running parallel to existing facilities within five feet. The +plans must be half size (11" X 17") at a scale no smaller than 1" = 40' in plan +view and 1" = 6' in profile view. Each project must be assigned a project +number, which must appear on each sheet. Plans must be readable with a minimum +lettering size of 1/8". +      (7)   A permit is required even if other authority has been granted by +the director to make a pavement cut or excavation in a public right-of-way as +part of a city construction project. +      (8)   The director shall state on the permit the activity for which the +permit is issued and include any additional restrictions or requirements +determined necessary by the director. +      (9)   The permittee has the exclusive responsibility to coordinate with +other public service providers to protect all existing facilities in the public +right-of-way in which the construction occurs. +      (10)   The permittee shall, as an express condition of the permit, comply +in all respects with the requirements prescribed for the permitted activity in +the Pavement Cut and Repair Standards Manual, the AGUS Placement Guidelines, +and the Design Manual, as applicable; and with all other city ordinances and +state or federal laws or regulations affecting the permitted activity. +      (11)   The director shall notify persons who registered under Section +43-137 during the previous calendar year of pavement surfaces to be +reconstructed or resurfaced by the city during the next calendar year. +      (12)   A person or public service provider planning construction within +the public right-of-way shall notify the director by March 1 of each year of +all then-known facility expansion or replacement projects planned for the next +fiscal year that may require pavement cuts or excavations. +      (13)   The director may require any permittee to use trenchless +technology or boring, instead of disturbing a public right-of-way surface, if +it is: +         (A)   in the best interest of the city; +         (B)   technically, commercially, and economically feasible; and +         (C)   not in violation of federal or state regulations or industry +safety standards. +      (14)   Directional drilling or boring may not be used in the central +business district, unless otherwise approved by the director as being in the +best interest of the public health, safety, welfare, and convenience. +      (15)   In using trenchless technology or boring, whether or not required +under Paragraph (13) of this subsection, the permittee must: +         (A)   obtain and have at the construction site recent plans from the +city's water utilities department, and, where available, plans from owners of +all other underground facilities, showing the horizontal and vertical placement +of the underground facilities, if the permittee's proposed facilities will: +            (i)   cross other existing facilities; or +            (ii)   be located within five feet of existing facilities at any +point; +         (B)   locate all water main lines by potholing, if the permittee's +proposed facilities will: +            (i)   cross other existing facilities; or +            (ii)   be located within five feet of existing facilities at any +point; and +         (C)   be able to locate the bore head at all times in accordance with +the latest technologies and provide the location of the bore to the director +upon request. +      (16)   The permittee shall maintain the construction area in a public +right-of-way in a manner that avoids dust, other health hazards, and hazards to +vehicular and pedestrian traffic until the public right-of-way is permanently +repaired. +      (17)   When making a pavement cut or excavation, or placing spoils or +excavated material in or along a public right-of-way, the permittee shall place +barricades, warning signs, and warning lights at the location sufficient to +warn the public of the hazard of the cut, excavation, spoils, or excavated +material in compliance with the latest Edition of the Texas Manual on Uniform +Traffic Control Devices, as amended, published by the Texas Department of +Transportation and City of Dallas requirements. Excavated material and debris +must be removed from the right-of-way on a daily basis. +      (18)   The director may require the permittee to share trench space to +minimize the disruption of vehicular and pedestrian traffic or to provide space +for needed city facility installations if such sharing is: +         (A)   technically, commercially, and economically feasible; and +         (B)   not in violation of state or federal regulations or industry +safety standards. +      (19)   A traffic control plan must be submitted with the permit +application and must include detailed drawings showing the proposed traffic +controls for vehicular and pedestrian traffic for each phase of the proposed +work in the public right-of-way. Traffic control plans must show necessary +pedestrian sidewalk detours, crosswalk closures, temporary covered walkways, or +scaffolding for the safety of pedestrians that comply with the requirements of +the latest edition of the Texas Manual of Uniform Traffic Control Devices, as +amended, published by the Texas Department of Transportation and City of Dallas +requirements. Traffic control plans must be approved by the City of Dallas +before commencing work. +      (20)   The permittee must affirm on the permit application that the +permittee has complied with the pre-construction notice requirements in this +article. +      (21)   The director may prohibit street excavation when a permittee seeks +to install facilities in a design district or in an area that is part of a +major project, unless the permittee can show that existing facilities are +unavailable to serve the current needs of the permittee or the permittee's +existing customers, whether through facilities owned by the permittee or are +otherwise available. +   (d)   The following additional procedures apply if it is necessary to close, +in whole or in part, a public right- of-way for purposes of making a pavement +cut or an excavation: +      (1)   For any closure of a traffic lane or blocking of a sidewalk or +alley lasting one day or less, the permittee shall conspicuously mark its +vehicles with the permittee’s name and telephone number. +      (2)   Any closure of a traffic lane or blocking of a sidewalk or alley +lasting longer than one day must be identified by a sign that is clearly +legible to the traveling public. The sign must be posted at or in close +proximity to the worksite and must contain: +         (A)   the name of the permittee; +         (B)   the name of the person performing the construction on behalf of +the permittee, if any; and +         (C)   a local 24-hour contact number that can be used in case of +emergency or to answer any questions. +      (3)   The requirements of Paragraphs (1) and (2) of this subsection are +in addition to any other signage, barricades, or warning devices required by +law or ordinance. The sign information required by Paragraph (2) of this +subsection may be included on barricades or warning devices. +      (4)   When permitted construction will last longer than two weeks, the +permittee shall give written notification to all adjacent property occupants by +conspicuously posting the notification on each adjacent property at least 72 +hours before commencement of construction, unless the director determines that +an emergency exists. +      (5)   If a street or alley must be totally closed for any duration, the +permittee shall provide for reasonable alternative access to the adjacent +property by the property’s occupants and invitees, which access must include +but is not limited to deliveries to the property. +      (6)   If construction on a partially closed thoroughfare stops for the +day, all thoroughfare lanes must be reopened to traffic, unless an extended +time of closure is expressly granted by the permit. +      (7)   If a pavement cut is to be covered, the permittee shall use steel +plates, or equivalent plates, of sufficient strength and thickness to support +all traffic. +      (8)   Plates must be sufficiently secured in place so as not to become +dislodged or in any way cause a hazard to any traffic or cause any loud and +disturbing noises and vibrations through the use of materials such as asphalt, +flexible plastic gaskets, wedges, or other non-asphaltic devices. Transitions +must be placed as required with a minimum 2:1 slope to provide a reasonably +smooth riding surface. +      (9)   Plates must be marked with the name of the person performing the +construction and with a local 24-hour contact number that can be used in case +of an emergency, unless a sign complying with Paragraph (2) of this subsection +is posted at or in close proximity to the worksite. +   (e)   Unless it becomes necessary to conduct emergency activity, a permittee +shall not cause or allow interference with traffic flow on a thoroughfare, +arterial, or a community collector during the hours of 6:30 a.m. through 9:30 +a.m. and 3:30 p.m. through 6:30 p.m., Monday through Friday. +   (f)   A temporary repair may not remain on public right-of-way for more than +14 calendar days after the completion of the repair or installation of the +underground structure or facility, unless a time extension has been granted by +the director. The city may, at the expense of the permittee or other +responsible person, remove any temporary repair remaining in the public right- +of-way beyond the 14-day time limit and make permanent repairs. Any exception +to the 14-day time limit, other than a relocation of a facility in advance of a +city construction project in the public right-of-way, must be approved by the +director prior to expiration of the time limit. +   (g)   If no construction has commenced under a permit within 60 calendar +days after issuance of the permit, the permit becomes null and void, and a new +permit is required before construction may be performed in the public right-of- +way or, for an above ground utility structure, in or outside of the public +right-of-way. An extension to a permit may be granted by the director only +before the permit expires. +   (h)   The director may refuse to issue a permit if: +      (1)   the proposed construction will substantially interfere with +vehicles or pedestrians and no procedures, or procedures inconsistent with this +article, have been implemented to minimize the interference; +      (2)   the proposed construction will substantially interfere with another +activity for which a permit has been issued, or will conflict or interfere with +existing facilities already in the public right-of- way; +      (3)   the proposed barricading, channelizing, signing, warning, or other +traffic control procedures or equipment do not comply with the requirements of +the 1980 edition of the Texas Manual on Uniform Traffic Control Devices, as +amended; +      (4)   the proposed construction, incidental traffic control, or other +permitted activity, or the manner in which it is to be performed, will violate +a city ordinance or regulation or a state or federal statute or regulation; +      (5)   the permittee: +         (A)   failed to furnish all the information required by this article; +         (B)   knowingly or intentionally furnished materially false or +incorrect information to the director; +         (C)   failed, except for good cause shown, to file the application on +the approved form within the time limits prescribed by this section; +         (D)   failed or refused to submit plans of record as required under +Section +43-138; +         (E)   was convicted of violating a provision of this article twice +within the two-year period immediately preceding the date of application; +         (F)   failed to furnish or have on file with the director the +insurance required under this article; +         (G)   is not in compliance with applicable requirements of an existing +permit issued under this article; +         (H)   has not obtained a current copy of the Pavement Cut and Repair +Standards Manual from the director; or +         (I)   failed to comply with the AGUS Placement Guidelines without +having received a waiver by the director under Section +43-141. +   (i)   The director may suspend construction or revoke an issued permit on +the same grounds on which a permit may be denied under Subsection (h), or if +the permittee: +      (1)   commences or performs construction in violation of an applicable +requirement of this article or the permit; +      (2)   creates or is likely to create a public health or safety hazard by +performance of the construction in question; +      (3)   fails to comply with an order or regulation of the director; +      (4)   fails to comply with restrictions or requirements of other city +ordinances or state or federal laws or regulations applicable to the +construction; or +      (5)   commences or performs work without having prior knowledge and +understanding of the applicable repair standards or without having obtained a +current copy of the Pavement Cut and Repair Standards Manual from the director. +   (j)   The director shall provide written notice of a suspension or +revocation to the permittee or the person hired by the permittee to perform the +construction. Construction that is suspended may not resume until the director +determines that the permittee has corrected the violation, noncompliance, or +hazard that caused the suspension. A permit that has been revoked may be +reinstated by the director if the director determines that: +      (1)   the permittee has corrected the violation, noncompliance, or hazard +that caused the revocation; and +      (2)   the health or safety of the public is not jeopardized by +reinstating the permit. +   (k)   Any variance from the requirements of this article must be approved in +advance by the director. The director may grant a variance only if an extreme +hardship exists and the public health, safety, welfare, and convenience is not +adversely affected by granting the variance. The director may not approve any +variance that would give a competitive advantage to one person over another +person providing the same or similar service. The director may not grant a +variance from the indemnity requirements of Section +43-140(d). (Ord. Nos. 24495; 26263; 29993; 30620; 31209) +SEC. 43-139.1.   NETWORK NODES AND RELATED INFRASTRUCTURE. +   (a)   The terms used in this section have the meanings ascribed to them in +Chapter 284 of the Texas Local Government Code, as amended. +   (b)   A person shall not construct, place, install, replace, upgrade, +repair, or collocate a network node or related infrastructure, including poles, +within a public right-of-way without first obtaining a permit from the +director. +   (c)   Permit applications must be accepted and processed as provided in the +Design Manual and in accordance with Chapter 284 of the Texas Local Government +Code, as amended. A permit application for a network node must be accompanied +by a fully executed pole attachment agreement for the proposed location or an +approved permit for a node support pole at the proposed location in order for +the application to be deemed complete. The director shall deny applications +that do not include required materials and information in accordance with state +law and the Design Manual. +   (d)   A person shall not file, or have pending, more than 30 permit +applications for the installation or collocation of network nodes at any time. +   (e)   Permit fees and compensation for use of the right-of-way and any city +infrastructure pursuant to Chapter 284 of the Texas Local Government Code, as +amended, shall be as provided by state law and the Design Manual. +   (f)   The placement, installation, or collocation of a network node or +related infrastructure, including poles, in a design district with decorative +poles or in a district the city has designated as historic, is subject to +additional design, concealment, and aesthetic standards, as set out in the +Design Manual. +   (g)   A network provider shall not install a new node support pole in a +public right-of-way if the public right-of-way is: +      (1)   adjacent to property under the control and jurisdiction of the park +board; or +      (2)   adjacent to a street or thoroughfare that is not more than 50 feet +wide and adjacent to property zoned for residential uses, as that term is +defined by the Dallas Development Code, or deed restriction. +   (h)   Designations. +      (1)   Any area that meets the definition of a design district under this +article is hereby designated a design district for purposes of Chapter 284 of +the Texas Local Government Code, as amended. +      (2)   Any area within the city without utility poles is hereby designated +as an underground district pursuant to Chapter 284 of the Local Government +Code, as amended, and is subject to additional design, concealment, and +aesthetic standards as set out in the Design Manual. +   (i)   A person acting under this section shall do so in accordance with the +terms of the permit, the Design Manual, and all applicable city ordinances, +state, and federal laws. (Ord. 30620) +SEC. 43-140.   INSURANCE AND INDEMNITY REQUIREMENTS; EXCEPTIONS. +   (a)   As an express precondition to being granted a permit to perform +construction within a public right- of-way, the permittee shall furnish the +director proof of existing insurance in accordance with the following +requirements: +      (1)   If the construction will require a pavement cut or excavation not +more than 18 inches in depth and 300 feet in length, the permittee must provide +proof of commercial general liability insurance (including, but not limited to, +premises operations, personal and advertising injury, products/completed +operations, and independent contractors and contractual liability) with a +minimum combined bodily injury (including death) and property damage limit of +$500,000 per occurrence, $500,000 products/completed operations aggregate, and +$500,000 general aggregate. The insurance coverage must be written by a company +or companies approved to conduct business in the State of Texas. The city must +be named as an additional insured on the policy by using endorsement CG 20 26 +or broader. +      (2)   If the construction will require a pavement cut or excavation +exceeding either 18 inches in depth or 300 feet in length, the permittee must +provide proof of commercial general liability insurance, or any combination of +general liability and umbrella/excess insurance, (including, but not limited +to, premises operations, personal and advertising injury, products/completed +operations, and independent contractors and contractual liability) with a +minimum combined bodily injury (including death) and property damage limit of +$25,000,000 per occurrence, $25,000,000 products/completed operations +aggregate, and $25,000,000 general aggregate. The liability insurance policy +must also include coverage for explosion, collapse, and underground hazards. +The insurance coverage must be written by a company or companies approved to +conduct business in the State of Texas. The city must be named as an additional +insured on the policy by using endorsement CG 20 26 or broader. +      (3)   Each policy must include a provision that requires the insurance +company to notify the city in writing at least 30 days before canceling or +failing to renew the policy or before reducing policy limits or coverages. +      (4)   The permittee agrees, with respect to the insurance coverage +required by this subsection, to waive subrogation against the city and its +officers and employees for bodily injury (including death), property damage, or +any other loss. +      (5)   The insurance coverage required by this subsection is considered +primary insurance in regard to the city and its officers, employees, and +elected representatives. +      (6)   Proof of insurance in the form of an original industry standard +certificate of insurance showing the city as an additional insured must be +provided to the director prior to any commencement of work by the permittee. +The certificate of insurance must be executed by the insurer or its authorized +agent and must state specific coverage, limits, and expiration dates in +accordance with the requirements of this subsection. +      (7)   The permittee shall make available to the director, upon request, a +copy of the insurance policy, including any endorsements, riders, and +amendments to the policy and any statements respecting coverage under the +policy. +   (b)   A permittee who is a public service provider who has registered and +filed proof of insurance under Section +43-137 of this article is not required to furnish separate proof of insurance +under this section when obtaining a permit, but must comply with all other +requirements of this section. +   (c)   If the permittee is an entity that has a tangible net worth ratio of 3 +to 1 (assets to liabilities) with a minimum tangible net worth of at least +$100,000,000, proof of self-insurance sufficient to meet the coverage required +in Subsection (a) is sufficient to satisfy the requirements of that subsection. +   (d)   The following indemnity provisions apply to a public service provider +registered under Section +43-137 and are also included by reference as express terms of a permit issued +under this article: +      (1)   A permittee who is a certificated telecommunications provider as +defined in Chapter 283, Texas Local Government Code, as amended, or a network +provider as defined by Chapter 284 of the Texas Local Government Code, as +amended, agrees to give to the city the indemnity provided in Section 283.057, +Texas Local Government Code, as amended. +      (2)   A permittee, other than a certificated telecommunications provider +described in Paragraph (1) of this subsection, expressly agrees to fully and +completely defend, indemnify, and hold harmless the city and its officers, +agents, and employees, against any and all claims, lawsuits, judgments, costs, +and expenses for personal injury (including death), property damage or other +harm for which recovery of damages is sought, suffered by any person or +persons, that may arise out of or be occasioned by any negligent, grossly +negligent, wrongful, or strictly liable act or omission of the permittee or its +agents, employees, or contractors, in the performance of work or activity +pursuant to the permit issued under this article, regardless of whether or not +the negligence, gross negligence, wrongful act, or fault of the city or its +officers, agents, or employees, contributes in any way to the damage, injury, +or other harm. The requirement of the permittee to defend the city also +unconditionally applies regardless of whether or not the negligence, gross +negligence, or fault of the city or its officers, agents, or employees +contributes in any way to the damage, injury, or other harm. Nothing in this +paragraph may be construed as waiving any governmental immunity available to +the city under state law. This provision is solely for the benefit of the +permittee and the city and is not intended to create or grant any rights, +contractual or otherwise, in or to any other person. +   (e)   This section does not apply to: +      (1)   construction or other activity performed by the city’s own forces +or by contractors hired by the city and working on city-owned facilities within +the public right-of-way; +      (2)   a person operating facilities or performing construction pursuant +to a valid existing franchise or license approved by the city council; or +      (3)   construction or repair of a sidewalk or driveway approach for an +abutting single-family or duplex residential property owner. (Ord. Nos. 24495; +26263; 30620) +SEC. 43-140.1.   PERFORMANCE BOND; LETTER OF CREDIT; CASH DEPOSIT. +   (a)   General. As an express precondition to being granted a permit to +perform construction within a public right-of-way, the permittee shall furnish +the director a performance bond, letter of credit, or cash deposit, complying +with this section, for any project that involves pavement excavation or boring +for the installation of a new facility or for a significant facility relocation +other than an excavation or boring for a localized new service line +installation or facility repair. Without exception, the city’s forms must be +used, and exclusive venue for any lawsuit is specified as Dallas County. A +performance bond will automatically be increased by the amount of any change +order, which increases the contract price with or without notice to the surety, +but in no event may a change, which reduced the contract amount, reduce the +penal sum of the bond. +   (b)   Amount. A good and sufficient bond, letter of credit, or cash deposit +must be in an amount not less than 100 percent of the total cost, as determined +by the director, of those items of work associated with the temporary and +permanent repair of the city’s infrastructure, including, but not limited to +backfill, pavement base, street pavement, curb and gutter, drive approaches, +sidewalk, sod, irrigation, landscape, traffic control devices, signs, and +pavement markings, thereby guaranteeing the full and faithful execution of the +work and performance of the contract in accordance with the plans, +specifications, and contract documents, including any extensions thereof, for +the protection of the city. The bond, letter of credit, or cash deposit +agreement must provide for the repair and/or replacement of all defects due to +faulty materials and workmanship that appear within a period of one year from +the date of completion and acceptance of the work by the city. The permittee +may choose to have the amount determined on a per project basis or an aggregate +basis. If on an aggregate basis, the amount of a single bond, letter of credit, +or cash deposit must be sufficient to cover all of permittee’s projects +outstanding at any one time. If the amount of the permittee’s outstanding +projects exceeds an existing bond, letter of credit, or cash deposit, the +permittee shall immediately increase it or post a new bond, letter of credit, +or cash deposit to cover the project that has caused the deficiency. +   (c)   Sureties. No surety may be accepted by the city who is in default or +delinquent on any bonds or who is interested in any litigation against the +city. All bonds must be made on the forms furnished by the city and must be +executed by not less than one corporate surety authorized to do business in the +State of Texas and acceptable to the city. Each surety must be listed in the +most current Federal Register Treasury List. The permittee and the surety shall +execute each bond. The surety shall designate a resident agent in the city of +Dallas acceptable to the city to whom any requisite notices may be delivered +and on whom service of process may be had in matters arising out of such +suretyship. The city reserves the right to reject any and all sureties. +   (d)   Additional or substitute bonds. If at any time the city is or becomes +dissatisfied with any surety on a performance bond, the permittee shall, within +five days after notice from the city to do so, substitute an acceptable bond, +or provide an additional bond, in such form and sum signed by such other surety +as may be satisfactory to the city. The premiums on the bonds must be paid by +the permittee without recourse to the city. +   (e)   Letter of credit. In lieu of a performance bond, a permittee may +provide an irrevocable letter of credit. Each letter of credit must be made on +a form furnished by the city. +   (f)   Cash deposit. In lieu of a performance bond, a permittee may make a +cash deposit, for the benefit of the city, pursuant to an agreement in a form +acceptable to the city attorney. (Ord. Nos. 25409; 25693; 26263) +SEC. 43-140.2.   WAIVER OF BONDING REQUIREMENTS. +   (a)   A person registered under Section +43-137 may annually submit to the director a written request for a waiver from +the requirement that it provide a performance bond, letter of credit, or cash +deposit pursuant to Section +43-140.1. +   (b)   The waiver request must set forth in detail the basis for the request, +including but not limited to: +      (1)   the person's history of performance in completing its projects and +complying with restoration obligations in the city's rights-of-way; and +      (2)   documentation, in a form acceptable to the city, demonstrating that +the person has unencumbered assets or reserves sufficient to cover the amount +of the performance bond, letter of credit, or cash deposit that would otherwise +be required under Section +43-140.1. +   (c)   Within 30 calendar days after receiving a written request for a +waiver, the director may, for good cause shown, grant a waiver from the +requirement that the person provide a performance bond, letter of credit, or +cash deposit pursuant to Section +43-140.1. In making this decision, the director shall consider all of the +following: +      (1)   The person's record of performance in the city's rights-of-way. +      (2)   The person's record of compliance with this article. +      (3)   A showing of financial responsibility by the person sufficient to +guarantee the full and faithful execution of the estimated work to be performed +during the year in which the waiver is in effect. +      (4)   Any other factor relevant to a determination of the financial +responsibility of the person and its ability to safely and fully perform +permitted work. +   (d)   A waiver expires one year after being granted by the director, and the +person must reapply for a waiver each year during which it will perform work in +the city's rights-of-way. +   (e)   Upon determining that a person is in violation of this article, the +director may deny any request for a waiver and may terminate any existing +waiver that had been granted under this section. A person whose waiver is +terminated may not reapply for another waiver until two years have elapsed +since the date of termination. +   (f)   If a waiver is denied or terminated by the director, the person shall +immediately take all necessary steps to temporarily restore the right-of-way +and then cease all work in the right-of-way until the person has provided a +bond, letter of credit, or cash deposit that has been approved by the director. +(Ord. Nos. 25693; 26263; 29993) +SEC. 43-141.   MISCELLANEOUS REQUIREMENTS FOR STREET EXCAVATION AND +INSTALLATIONS, TRENCH SAFETY, AND ABOVE GROUND UTILITY STRUCTURES. +   (a)   In addition to the other requirements of this article, a pavement cut, +excavation, or repair, or the placement of an above ground utility structure, +necessitated by or as a result of construction inside or outside of the public +right-of-way must comply with all of the requirements contained in this +section. +   (b)   General. +      (1)   A pavement cut in the public right-of-way, or the placement of an +above ground utility structure either in or outside of a public right-of-way, +may be made prior to obtaining a permit only if a valid need to perform +emergency activity exists. Immediate notice, including reasons for the +emergency activity, must be given to the director. An application for a permit +must be made not later than the second business day following commencement of +the emergency activity. +      (2)   A pavement cut that is made in a concrete street that has a paving +condition index of 70 or higher as shown on the City of Dallas Paving +Management Database will require that, in addition to repairs made in +compliance with the Pavement Cut and Repair Standards Manual, replacement of +the entire concrete panel from joint to joint. +      (3)   A pavement cut that is made in an asphalt street that has a paving +condition index of 70 or higher as shown on the City of Dallas Paving +Management Database will require that, in addition to repairs made in +compliance with the Pavement Cut and Repair Standards Manual, a surface +treatment must be applied that consists of slurry seal or micro-surfacing, or +an equivalent method approved by the director, for the purposes of sealing the +repair edges of the cut and maintaining uniformity in appearance with the +surrounding street surfaces. No surface treatment is required if the repairs +are made to match pavement color and are approved by the director. The +application of slurry seal or micro-surfacing must be made to the entire block +of the street in which a cut is made. For an undivided street, the application +must be made from curb to curb, and for a divided street, from median curb to +outside curb. The City of Dallas Slurry Seal and Micro-surfacing +Specifications, as amended, will govern design, material, testing, and +construction of surface treatments. +      (4)   The permittee and any person responsible for construction shall +protect the public right-of-way surface, drainage facilities, and all other +existing facilities and improvements from excavated materials, equipment +operations, and other construction activities. Particular attention must be +paid to ensure that no excavated material or contamination of any type is +allowed to enter or remain in a water or wastewater main or access structure, +drainage facility, or natural drainage feature. Adequate provisions must be +made to ensure that traffic and adjacent property owners experience a minimum +of inconvenience. +   (c)   Five-year maintenance period. +      (1)   All construction must be done in a good and workmanlike manner and +in faithful and strict compliance with the permit, this article, other city +ordinances, and regulations promulgated by the director relating to +construction within the public right-of-way. +      (2)   All construction performed under any permit granted to a permittee +by the city under this article must be maintained to the satisfaction of the +director for five years after the date of completion of the construction or +repair. +      (3)   Any damage to, or any defect or other problem in, the permitted +construction occurring at any time within five years after the completion of +work under the permit must be corrected to the satisfaction of the director +within 10 days after the director gives notice to the permittee to correct the +damage, defect, or other problem. +      (4)   The opinion of the director as to the necessity of correcting any +damage, defect, or other problem is binding on all parties. +   (d)   Repairs. +      (1)   All damage caused directly or indirectly to the public right-of-way +surface or subsurface outside the pavement cut or excavation area will be +regarded as a part of the pavement cut or excavation and must be included in +the total area repaired. If repaired by the city, the permittee shall reimburse +the city for the actual direct and indirect costs of the repair. +      (2)   The director shall notify the permittee if the backfill on a +permitted construction settles at any time during the five- year maintenance +period required in Subsection (c) of this section, causing subsidence in the +pavement of one-half inch or more, vertically measured in any three-foot +horizontal direction. Upon notification, the permittee shall schedule +appropriate repair work and promptly notify the director of the anticipated +dates of commencement and completion of the repair work. If the repair work is +not commenced or completed within the agreed-upon time schedule, or if no +response is received by the director within 24 hours after notification to the +permittee, the repair work may be performed by the city. The permittee shall +reimburse the city for the actual direct and indirect costs of any repair work +performed by the city. +      (3)   The permittee shall notify the director at least 24 hours before +commencing any repair operations under Paragraph (2) of this subsection. +   (e)   Trench safety. +      (1)   Trench safety systems that meet U.S. Occupational Safety and Health +Administration standards are required for construction in which trench +excavation will exceed a depth of five feet. +      (2)   Paragraph (1) of this subsection does not apply to a construction +contract entered into by a permittee that is subject to the safety standards +adopted under Chapter 121, Texas Utilities Code, as amended. +   (f)   Tests. +      (1)   The permittee will be required to provide a certified construction +materials testing lab, or use a testing method approved by the director, to +perform the appropriate tests, at the permittee's expense, to ensure quality +control for the backfill and pavement construction phases. Concrete strength +test results must be submitted to the director for any placement greater than +five cubic yards. +      (2)   Unless another method is approved by the director, tests must be +made in accordance with the latest methods of the American Society of Testing +and Materials. The certified results from tests for backfill compaction must be +supplied to the city within three days of the backfill work completion and +before pavement construction begins. The results from tests for pavement +construction must be submitted within one week of completion of the project. +Retesting after failure to pass the required tests will be at the expense of +the permittee. +      (3)   Compaction testing is not required when a flowable backfill +material that complies with the Pavement Cut and Repair Standards Manual, as +amended, is used. +      (4)   If the materials used for the street repairs do not meet the +minimum requirements of the Pavement Cut and Repair Standards Manual, they may +be considered unacceptable and may be ordered to be removed and replaced at the +permittee's expense. In cases where the repairs are unacceptable and the +permittee refuses to make them acceptable, the work may be accomplished by the +city, and all of the direct and indirect costs will be charged back to the +permittee responsible for the work. +      (5)   The city at its expense may perform, or have performed, any +material tests it deems necessary to verify conformance with the specifications +set forth in Paragraph (6) of this subsection. If tests performed at the city's +expense show cause for additional work or rework by the permittee, then further +testing required to show conformance with the specifications will be at the +expense of the permittee, including the cost of the original testing that +showed the need for additional work or rework. +      (6)   Specifications for backfill compaction must meet the requirements +contained in the Pavement Cut and Repair Standards Manual. Specifications for +pavement testing must meet the requirements in the applicable provisions of the +Standard Specifications for Public Works Construction – North Central Texas and +the city's addendum thereto, as amended. +   (g)   Additional requirements for above ground utility structures. +      (1)   Written notification required. +         (A)   An owner of an above ground utility structure shall provide +written notice to: +            (i)   the occupant of each single family residence, town home, +duplex, tri-plex, or four-plex property adjacent to the proposed location of +the above ground utility structure; and +            (ii)   the management of each multi-family dwelling property +adjacent to the proposed location of the above ground utility structure. +         (B)   The written notice must be provided at least two business days +before construction of the above ground utility structure begins. +         (C)   The notice must be provided on forms approved by the director +and must clearly identify: +            (i)   the proposed location of the above ground utility structure; +            (ii)   the dimensions and appearance of the above ground utility +structure; and +            (iii)   the names and telephone numbers of the utility company +representatives and the city of Dallas representatives authorized to discuss +the proposed structure with the property owner. +         (D)   Written notice is not required for an above ground utility +structure that: +            (i)   is placed in an alley; or +            (ii)   does not require a permit under Section 43-139. +         (E)   Upon request, proof of notification must be provided to the +director at the time the permit application for the above ground utility +structure is submitted to the city. +         (F)   An owner of an above ground utility structure shall make every +reasonable effort to recognize and address the concerns of each property owner, +subject to the service demands of the structure’s owner. Requests of property +owners that exceed the requirements of the AGUS Placement Guidelines are not a +basis to deny a permit. +      (2)   An above ground utility structure must comply with all requirements +of other city ordinances and other state and federal laws and regulations. The +owner of the above ground utility structure is responsible for obtaining all +other required permits. +      (3)   The owner of an above ground utility structure shall maintain the +structure free of graffiti and other defacements such as posters, stickers, +decals, and signs, except those placed on the structure by its owner. The +exterior finish of an above ground utility structure must be maintained free of +rust, peeling or faded paint, and other visible deterioration. An above ground +utility structure and its supporting foundation or pad must be maintained in +such a way as to prevent or eliminate leaning and soil erosion underneath. An +above ground utility structure that leans beyond five degrees from the +perpendicular must be corrected to be as close as possible to perpendicular. +Any open space between the bottom of a foundation or pad and the ground +underneath must be filled with either additional soil or concrete to maintain +continuous contact with the ground. The permit application for installation of +an above ground utility structure must include the name, mailing address, and +telephone number of a single contact who will be responsible for resolving +graffiti and other appearance issues involving the structure. +      (4)   An above ground utility structure must be clearly marked with the +owner’s name and telephone number. +      (5)   Waiver of AGUS Placement Guidelines. +         (A)   A request for a waiver from placing an above ground utility +structure in accordance with one or more of the AGUS Placement Guidelines may +be made to the director with respect to a particular site for a proposed +structure. +         (B)   The request for a waiver must include: +            (i)    identification of the guideline or guidelines for which a +waiver is requested; +            (ii)   proof that compliance with the guideline or guidelines is +impracticable; +            (iii)   detailed justification for the waiver, including +alternative sites sought and reviewed; and +            (iv)   an explanation of why the proposed above ground utility +structure and its size are necessary at the proposed site to provide service to +a property or area. +         (C)   Within 10 business days after receiving a written request for a +waiver, the director shall grant or deny the waiver. +         (D)   The waiver may be granted for good cause shown. In determining +whether to grant the waiver, the director shall consider: +            (i)   the feasibility of other sites located in or outside of the +public right-of-way and the efforts of the owner of the proposed above ground +utility structure to secure those sites; +            (ii)   the size and location of the above ground utility structure +and its impact at the proposed site and on surrounding properties; +            (iii)   the need of the structure’s owner to provide services to a +property or area to be served by the proposed site; +            (iv)   the need of the structure’s owner to provide services to a +property or area to be served by the proposed site with an above ground utility +structure of the size proposed; +            (v)   the public health, safety, welfare, and convenience; and +            (vi)   the size and location of other nearby above ground utility +structures. +      (6)   Denial, suspension, or revocation of a permit for an above ground +utility structure on private property; denial of a waiver from AGUS Placement +Guidelines; appeals to the city manager. +         (A)   If the director denies, suspends, or revokes a permit for an +above ground utility structure on private property, or denies waiver of an AGUS +placement guideline, the director shall, in writing, notify the owner of the +above ground utility structure of the action and include in the notice the +reason for the action and a statement informing the structure’s owner of the +right of appeal. +         (B)   The owner of an above ground utility structure may appeal a +denial, suspension, or revocation of a permit for an above ground utility +structure on private property, or a denial of a waiver of an AGUS placement +guideline, if the structure’s owner requests an appeal in writing, delivered to +the city manager not more than 10 business days after notice of the director’s +action is received. +         (C)   The city manager or a designated representative shall act as the +appeal hearing officer in an appeal hearing under this subsection. The hearing +officer shall give the appealing party an opportunity to present evidence and +make argument. The formal rules of evidence do not apply to an appeal hearing +under this subsection, and the hearing officer shall make a ruling on the basis +of a preponderance of the evidence presented at the hearing. +         (D)   The hearing officer may affirm, modify, or reverse all or part +of the action of the director being appealed. The decision of the hearing +officer is final as to available administrative remedies. +   (h)   Signage and other display materials. +      (1)   A copy of the approved permit with verification that all public and +private utilities/facilities were properly located must be displayed by the +permittee at the worksite at all times during construction in the public right- +of-way. +      (2)   The permittee must display at least two signs in the permitted area +of construction in the right-of-way no smaller than 30" x 24", one facing each +direction of traffic. The sign must provide the business name and primary +contact information of the permittee and contractor. The sign letters and +numbers must be a minimum 2" in height. +      (3)   Each vehicle and piece of equipment located in the permitted area +of construction in the right-of-way must display a sign identifying the +business name and primary contact information of the permittee or contractor. +The sign letters and numbers must be legible and at least one inch in height. +      (4)   A copy of the approved traffic control plan required in Section 43- +139 must be available at the permitted area of construction at all times when +barriers are erected to divert or alter the flow of traffic. +      (5)   At least one sign labeled "Temporary Paving Repairs" must be +displayed in accordance with +the Dallas Pavement Cut and Repair Standards Manual, as amended, in any +location that has temporary paving repairs. If temporary paving repairs exceed +50 feet in length, one "Temporary Paving Repairs" sign must be provided every +50 feet on the perimeter of the permitted area of public right-of-way under +construction. Alternatively, a "Temporary Paving Repairs" sign may be stenciled +on the temporary paving repairs in accordance with this paragraph. The +lettering of the written sign on the temporary paving repairs must be a minimum +of three inches using only white paint. If temporary paving repairs exceed 40 +feet in length, one painted "Temporary Paving Repairs" sign must be painted on +the temporary paving repairs every 30 feet on the perimeter on the perimeter of +the permitted area of public right-of-way under construction. +   (i)   Notice requirements. +      (1)   Notice to the director. After issuance of a permit under this +article, the permittee shall provide written notice to the director: +         (A)   at least one business day before any material or equipment is +placed in the permitted area or the commencement of any temporary construction; +         (B)   within one business day after completing the temporary +construction; and +         (C)   at least one business day before any permanent construction +begins. +      (2)   Notice to the public. +         (A)   If construction in the public right-of-way without excavation or +a lane closure will last less than 24 hours, individual notice to property +within 500 feet of the construction area is not required. +         (B)   If construction in the public right-of-way without excavation or +a lane closure will last more than 24 hours, the permittee must provide +individual notice to each property within 500 feet of the construction area at +least 24 hours before commencing construction by placing a door hanger or other +similar notice. Notification of multi-family properties may be given to the +property management teams of those properties. +         (C)   If construction in the public right-of-way with excavation or a +lane closure will last less than 24 hours, the permittee must provide +individual notice to each property within 500 feet of the construction area at +least 24 hours before commencing construction by placing a door hanger or other +similar notice. Notification to multi-family properties may be given to the +property management teams of those properties. +         (D)   If construction in the public right-of-way with excavation or a +lane closure will last more than 24 hours, the permittee must provide +individual notice to each property within 500 feet of the construction area +with two separate notifications by placing a door hanger or other similar +notice. The first notification must be placed at least 10 days before +commencing construction and the second notification must be placed 72 hours +before commencing construction. Notification to multi-family properties may be +given to the property management teams of those properties. +         (E)   If construction on a thoroughfare, arterial, or a community +collector in the public right-of-way will involve complete street closures or +extended traffic delays, at least two portable changeable message signs (CMS) +that comply with the requirements of the latest edition of the Texas Manual of +Uniform Traffic Control Devices, as amended, published by the Texas Department +of Transportation and the City of Dallas requirements, are required to be +installed facing each direction of traffic at least one week prior to +commencing construction. +         (F)   The individual notice must include the following: +            (i)   permittee name and contractor name, if different; +            (ii)   primary contact information for the permittee and +contractor, if different; +            (iii)   location of the construction area; and +            (iv)   estimated time of construction as authorized by the permit. +(Ord. Nos. 24495; 25409; 26263; 29993; 31209) +SEC. 43-142.   RESTORATION REQUIREMENTS. +   (a)   The Pavement Cut and Repair Standards Manual and the requirements of +this section govern the restoration of public right-of-way surfaces within the +city. For those restoration activities not covered by the Pavement Cut and +Repair Standards Manual or this section, the applicable provisions of the +Standard Specifications for Public Works Construction - North Central Texas +will govern. +   (b)   A permittee performing construction in the public right-of-way shall +restore the public right-of- way to a condition that is equal to or better than +the condition prescribed by the most recent version of the Pavement Cut and +Repair Standards Manual or other applicable city design and construction +standards. +   (c)   Restoration work must be performed to the satisfaction of the +director. Restoration work must include, but is not limited to, the following: +      (1)   Replacement of all sod or ground cover with sod or ground cover +equal to or better than the type damaged during the work, either by sodding or +seeding as required by the director. +      (2)   Installation or reinstallation of all manholes and handholes, as +required by the director. +      (3)   Backfilling and compaction of all completed bore pits, potholes, +trenches, or other holes, which must be performed on a daily basis unless other +safety requirements are approved by the director. +      (4)   Street, sidewalk, and alley repair that conforms with the standards +for construction established in this article and by the director. +      (5)   Leveling of all trenches and backhoe lines. +      (6)   Restoration of the excavation site to the specifications and +requirements established in this article and by the director. +      (7)   Restoration of all landscaping, ground cover, and sprinkler +systems. +      (8)   Restoration of any damaged traffic control devices, including but +not limited to imbedded loop detectors, pavement markings, underground +conduits, and signs. +   (d)   All location flags must be removed during the cleanup process by the +permittee or the permittee’s contractor at the completion of the work. +   (e)   Restoration of special street, sidewalk, or drive approach surfaces +designed to present unique visual images, color, or designs (regardless of the +type, color, pattern, or texture of special material or process used) must be +done so that the restoration matches the color, texture, and pattern of the +surrounding special surfaces. +   (f)   Restoration must be made in a timely manner. If restoration is +unsatisfactory or not performed in a timely manner, then all of the permittee’s +work in progress on the project in question (except for that work related to +the problem of unsatisfactory restoration) will be halted, and no other permit +will be approved until all restoration is complete. Any hold on the permittee’s +work will include work previously permitted but not completed. (Ord. Nos. +24495; 26263) +SEC. 43-143.   CLEARANCE FOR STREET PAVING AND STORM DRAINAGE PROJECTS. +   (a)   A person making a pavement cut or excavation for the purpose of +adjusting facilities at the request of the city in advance preparation for a +city street paving or storm drainage project shall obtain a permit under this +article, except that the time limits prescribed in Section +43-139(c) and (g) do not apply. +   (b)   The permittee shall maintain the pavement cut or excavation until the +work order authorizing the construction of the street paving or storm drainage +project is issued by the city. Upon notification by the director of any problem +with the maintenance of the cut or excavation, the permittee shall promptly +correct the problem. The permittee shall notify the director of the anticipated +date of correction. If the correction is not made by the anticipated date, or +if no response is received by the director within 24 hours after the director +gives notice to the permittee, the correction may be made by the city, and the +permittee shall reimburse the city for the actual direct and indirect costs of +the correction. (Ord. Nos. 24495; 26263) +SEC. 43-144.   CONFORMANCE WITH PUBLIC IMPROVEMENTS. +   (a)   Whenever the city or the director deems it necessary to remove, alter, +change, relocate, or adapt the underground or overhead facilities of a public +service provider in the public right-of-way due to the city’s reconstruction, +widening, or straightening of streets; replacement of water or wastewater +facilities; installation of traffic signals, traffic signs, and markings; or +construction of any other city public improvement project, the public service +provider that owns the facilities shall conform its facilities with the project +as prescribed by the director. +   (b)   The facilities must be conformed, at the public service provider’s +expense, within 90 days after the director issues notice to the public service +provider, unless a different schedule for the work is approved by the director. +   (c)   Facilities of a public service provider that are not conformed within +the 90-day notice period or within the approved schedule will be deemed +abandoned, and the city will not be liable for any damage to or destruction or +removal of the facilities, or for any interruption or termination of service +through the facilities, caused by the activity of the city described in this +section. (Ord. Nos. 24495; 26263) +SEC. 43-145.   IMPROPERLY CONSTRUCTED FACILITIES. +   (a)   A permittee shall: +      (1)   properly construct, install, operate, repair, relocate, upgrade, +and maintain its facilities existing within the public right-of-way or, for an +above ground utility structure, in or outside of the public right-of-way; and +      (2)   repair or restore any damage to other facilities, the public right- +of-way, or private property that occurs as a result of improper construction, +installation, operation, repair, relocation, upgrade, or maintenance of the +permittee’s facilities. +   (b)   Facilities will be considered to be improperly constructed, installed, +operated, repaired, relocated, upgraded, or maintained if: +      (1)   the construction, installation, operation, repair, relocation, +upgrade, or maintenance endangers public health or safety or creates a public +inconvenience; +      (2)   the facilities were required to be located within the right-of-way +and they encroach upon private property or extend outside the right-of-way +location designated in the permit; +      (3)   above-ground facilities located within the right-of-way are less +than one and one-half feet from the face of the curb or less than six inches +from a sidewalk; +      (4)   the construction, design, or configuration of the facilities does +not comply with applicable local, state, or federal laws or regulations; +      (5)   the construction, installation, operation, repair, relocation, +upgrade or maintenance is conducted in a manner that damages private property +or another public service provider’s facilities; +      (6)   the facilities are not capable of being located or maintained using +standard practices; +      (7)   the facilities are placed in an area that interferes with another +public service provider’s facilities; or +      (8)   the facilities consist of an above ground utility structure that +fails to comply with the AGUS Placement Guidelines without having received a +waiver by the director under Section +43-141. +   (c)   It is a defense to prosecution under Subsections (b)(3) and (b)(4) of +this section that the facilities were constructed or installed in the public +right-of-way before March 1, 2001. +   (d)   It is a defense to prosecution under Subsection (b)(8) of this section +that the facilities were lawfully constructed or installed before March 1, +2006. +   (e)   Nothing in this section may be construed to diminish the authority of +the director to require specific placement of specific facilities. (Ord. Nos. +24495; 26263) +SEC. 43-146.   EMERGENCY REPAIRS. +   (a)   If the director determines during construction that an emergency +repair to a public right- of-way is necessary to correct a situation that is +hazardous to the public, the director shall immediately notify the permittee. +If the permittee does not commence the emergency repair promptly, the director +may, in his sole discretion, cause performance of such emergency repair work as +is necessary to correct the hazardous situation. The permittee shall reimburse +the city for the actual direct and indirect costs of the work necessary to +correct the hazardous situation, including cleanup. The permittee shall +maintain the emergency repair until the permittee completes final repairs. +   (b)   If the director determines that a problem with a public service +provider’s existing facility in a public right-of-way requires an emergency +repair to correct a situation that is hazardous to the public, the director +shall immediately notify the public service provider. If the public service +provider does not commence the emergency repair promptly, the director may, in +his sole discretion, cause performance of such emergency repair work as is +necessary to correct the hazardous situation. The public service provider shall +reimburse the city for the actual direct and indirect costs of the work +necessary to correct the hazardous situation, including cleanup. The public +service provider shall maintain the emergency repair until the public service +provider completes final repairs. (Ord. Nos. 24495; 26263) +SEC. 43-147.   EFFECT OF ARTICLE ON PERSONS ENGAGED IN CONSTRUCTION. +   Any permit issued prior to March 1, 2001 will remain subject to the terms +and conditions of city ordinances and requirements in effect at the time of +issuance of the permit and is not affected by this article, except that, upon +expiration or conclusion of the permit, a new or renewal permit must be +obtained in accordance with this article. (Ord. Nos. 24495; 26263) +SEC. 43-148.   MARKING EXISTING UNDERGROUND UTILITIES. +   A person shall not use, or cause the use of, any nonwashable substance in +the public right-of-way to mark the location of existing underground utilities. +A person commits an offense if a marking he makes, or causes to be made, in the +public right-of-way to mark the location of existing underground utilities +remains visible longer than 30 days after being applied. (Ord. Nos. 25438; +26263) +ARTICLE IX. +DRIVEWAYS GENERALLY. +SEC. 43-149.   DIRECTOR DEFINED. +   In this article, DIRECTOR means the director of the department designated by +the city manager to enforce and administer this article, or the director’s +designated representative. (Ord. 22026; 24495) +SEC. 43-150.   DRIVEWAYS NOT TO BE WITHIN THREE FEET OF POLES, ETC. +   No person shall open up or construct any driveway or other way for the use +of any character of vehicle on or across any sidewalk, parkway, or other space +between any public improved roadway and any private property so as to include +or to be within less than three feet of any telephone, telegraph, electric +light, or other pole, anchor, or guy wire, or any water plug, mailbox, or other +structure located in such portion of any public street in the city where such +structure is so located by virtue of any franchise, license, permit, or other +right. (Code 1941, Art. 145-2; Ord. 24495) +SEC. 43-151.   REMOVAL OF POLES, ETC., TO PERMIT CONSTRUCTION OF DRIVEWAYS - +REQUIRED. +   Wherever any person desires to locate any driveway and there is any +structure that, under Section +43-150, would prevent the location of such driveway as desired, the person +owning such structure or having the right to so maintain it shall move it as +far as may be necessary to permit the desired location of such driveway, if the +person desiring to locate the driveway first complies with all of the terms of +this article. (Code 1941, Art. 145-3; Ord. 24495) +SEC. 43-152.   SAME - PLANS TO BE APPROVED BY DIRECTOR. +   In the event any poles, structures, or improvements are to be located and +installed in or upon any public street in the city or relocated for the +convenience or necessity of the person maintaining them, the person desiring to +construct, erect, install, or relocate such poles, structures, or improvements +shall first submit to the director a sketch or blueprint of the plan of such +construction or relocation for approval. The director shall immediately inspect +the sketch or blueprint of the plan and, if satisfactory, the director shall +approve the plan. Until such approval is given, no work may be done in that +connection. If the plan of construction or relocation does not meet with the +director’s approval, the director shall return the plan to the person +submitting it with any objections. The construction or relocation of all +structures, improvements, and poles must be subject to the supervision of the +director. (Code 1941, Art. 145-4; Ord. Nos. 22026; 24495) +SEC. 43-153.   SAME - ALLOCATION OF COSTS FOR RELOCATION. +   (a)   Any person desiring to locate or open a driveway, the location of +which is prevented by reason of any structure described in Section +43-150, and who desires to secure the shifting of the structure so as to permit +such location shall, at the time of filing an application for a permit with the +building official to construct, locate, or open such drive and prior to +locating, constructing, or opening the drive, file a sketch, drawing, or map +with the director that shows the location of the proposed drive or other way, +the relative location of the structure or structures in the way of the proposed +driveway, and the name of the person maintaining the structure obstructing the +proposed driveway or preventing its location. The director shall immediately +notify the person maintaining the structure on the street, giving the name of +the persons desiring the structure or structures moved. +   (b)   Immediately upon the filing of the drawing, sketch, or map under +Subsection (a), the director shall prepare or obtain a statement of the expense +or cost of the removal of the structure. The person requesting the relocation +of the structure shall pay the cost of relocation. Upon the ascertainment of +the estimated cost or expense as found by the director, such person shall +deposit the sum of money required with the director, and then the person +maintaining the structure shall promptly remove the structure so as not to +interfere with the proposed driveway. Upon completing movement of the +structure, with all attachments, to the satisfaction of the director, the +person moving or relocating the structure is entitled to receive the deposit. +(Code 1941, Art. 145-5; Ord. Nos. 22026; 24495) +SEC. 43-154.   PERMIT FOR DRIVEWAY TO BE ISSUED AFTER POLES, ETC., REMOVED. +   As soon as the structure interfering with the construction, location, or +opening of the proposed driveway has been moved out of the way, the building +inspector shall issue a permit authorizing the location, construction, or +opening of such way as may be desired upon compliance with all other applicable +city ordinances. (Code 1941, Art. 145-6; Ord. 24495) +SEC. 43-155.   APPEALS. +   If either the person maintaining any pole or structure described in Section +43-150 or the person desiring the structure or pole to be moved is dissatisfied +with the estimate of the expense made or obtained by the director under this +division or as to the location of the pole or structure, either or both of them +may appeal from the decision by filing with the city controller a statement of +their objections within five days from the date of the director’s findings of +the estimated expense or location. (Code 1941, Art. 145-8; Ord. Nos. 22026; +24495) +SEC. 43-156.   FEE WHERE POLES, ETC., TO BE RELOCATED. +   At the time the person files the sketch seeking the removal of any +obstructing structure described in Section +43-150, he shall also pay the building inspector a fee of one dollar, which +must be used in defraying the expense of carrying out the provisions of this +article and for no other purpose. (Code 1941, Art. 145-9; Ord. 24495) +ARTICLE X. +SHARED DOCKLESS VEHICLE OPERATING PERMIT. +SEC. 43-157.   DEFINITIONS. +   In this article: +   (1)   DIRECTOR means the director of the department designated by the city +manager to enforce and administer this article and includes representatives, +agents, or department employees designated by the director. +   (2)   OPERATOR means an individual or company that has been issued an +operating authority permit under this article. +   (3)   REBALANCE means moving shared dockless vehicles from an area of low +demand to an area of high demand. +   (4)   SHARED DOCKLESS VEHICLE means a bicycle, an electric bicycle pursuant +to the definition set forth in Texas Transportation Code Section 664.001, as +amended, or a motor-assisted scooter, pursuant to the definition set forth in +Texas Transportation Code, Section 551.351, that is intended to be rented or +leased to different users. +   (5)   SHARED DOCKLESS VEHICLE SERVICE means a service to rent, lease, or +sell shared dockless vehicles in the public right-of-way for the purpose of +transportation or conveyance. (Ord. Nos. 30936; 32236) +SEC. 43-158.   GENERAL AUTHORITY AND DUTY OF DIRECTOR. +   (a)   The director may issue an operating authority permit to a shared +dockless vehicle service for use of the public right-of-way to sell, rent, +lease, or exchange, offer to sell, rent, lease, or exchange, or take order for +the use of shared dockless vehicles. +   (b)   The director shall implement and enforce this article and may by +written order establish rules or regulations, consistent with this article and +state or federal law, as the director determines are necessary to discharge his +or her duty under, or to affect the policy of, this article, to achieve a safe, +orderly, equitable, and multi-modal transportation system. The director's rules +and regulations may include but are not limited to, rules or regulations on +hours of operation, the appropriate number of operators to be permitted, the +number of shared dockless vehicles that may be placed in the public right-of- +way, rebalancing requirements, and data-sharing requirements. The director may +contract with vendors to assist with data collection and analysis and to +collect and store shared dockless vehicles deployed or parked in violation of +this chapter. (Ord. Nos. 30936; 31479; 32236) +SEC. 43-159.   ESTABLISHMENT OF RULES AND REGULATIONS. +   (a)   Before adopting, amending, or abolishing a rule, the director shall +hold a public hearing on the proposal. +   (b)   The director shall fix the time and place of the hearing and, in +addition to notice required under the Open Meetings Act (Chapter 551, Texas +Government Code), as amended, shall notify each operator and such other persons +as the director determines are interested in the subject matter of the hearing. +   (c)   After the public hearing, the director shall notify all operators and +other interested persons of the director's action and shall post an order +adopting, amending, or abolishing a rule on the official bulletin board in city +hall for a period of not fewer than 10 days. The order becomes effective +immediately upon expiration of the posting period. (Ord. Nos. 30936; 32236) +SEC. 43-160.   OPERATING AUTHORITY PERMIT. +   (a)   A person commits an offense if, within the city, the person operates, +or causes or permits the operation of, a shared dockless vehicle service +without a valid operating authority permit issued under this article. +   (b)   An operator shall abide by the requirements of this article and any +rules or regulations adopted by the director. (Ord. Nos. 30936; 32236) +SEC. 43-161.   APPLICATION FOR OPERATING AUTHORITY PERMIT. +   (a)   To obtain an operating authority permit, an applicant shall submit an +application on the form and in the manner prescribed by the director. The +applicant must be the person who will own, control, or operate the proposed +shared dockless vehicle service. +   (b)   An applicant shall file with the director a verified application +statement, to be accompanied by a non-refundable application fee, containing +the following, in addition to the information needed under Subsection (c): +      (1)   the form of business of the applicant and, if the business is a +corporation or association, a copy of the documents establishing the business +and the name and address of each person with a 20 percent or greater ownership +interest in the business; +      (2)   the verified signature of the applicant; +      (3)   the address of the fixed facilities to be used in the operation, if +any, and the address of the applicant's corporate headquarters, if different +from the address of the fixed facilities; +      (4)   the name of the person designated by the applicant to receive on +behalf of the applicant any future notices sent by the city to the operator, +and that person's contact information, including a mailing address, telephone +number, and email or other electronic address; +      (5)   documentary evidence from an insurance company indicating that such +insurance company has bound itself to provide the applicant with the liability +insurance required by this article; +      (6)   documentary evidence of payment of ad valorem taxes on property +within the city, if any, to be used in connection with the operation of the +proposed shared dockless vehicle service; +      (7)   documentary evidence from a bonding or insurance company or a bank +indicating that the bonding or insurance company or bank has bound itself to +provide the applicant with the performance bond or irrevocable letter of credit +required by this article; +      (8)   the number and types of shared dockless vehicles to be operated; +      (9)   an agreement to indemnify the city; and +      (10)   three references from municipal bodies located in North America +where the applicant is currently operating. +   (c)   The director shall review the application for an operating authority +permit and determine if the following criteria have been met, in addition to +other criteria that the director may establish by rule or regulation: +      (1)   the operator's effort to educate users and ensure compliance by its +users with applicable laws; +      (2)   the operator's capacity to comply with this article, rules and +regulations issued by the director, and all other state or federal laws or +regulations; +      (3)   the operator's experience operating shared dockless vehicle +services, including the operator's compliance with applicable laws; and +      (4)   the operator's efforts to increase access to shared dockless +vehicle service to low-income and non-English speaking users. +   (d)   An operating authority permit may be renewed following the process in +this section. +   (e)   The initial application for an operating authority permit must be +accompanied by an application fee of $2,000 and the appropriate vehicle fee as +specified in Section +43-172. Applications to renew an operating authority permit must be accompanied +by an application fee of $1,000 and the appropriate vehicle fee as specified in +Section +43-172. (Ord. Nos. 30936; 31479; 32236) +SEC. 43-162.   CHANGES TO INFORMATION IN OPERATING AUTHORITY APPLICATION. +   (a)   Any changes to the information provided in the operating authority +permit application must be reported to the director, in the manner prescribed +by the director, within 10 days of the change. +   (b)   If the information reported to the director under this section +includes an increase in the number of shared dockless vehicles, the director +may approve the additional shared dockless vehicles. If the director approves +the additional shared dockless vehicles, the operator shall pay any additional +vehicle fees due under Section +43-172 before the additional vehicles are allowed to operate. (Ord. Nos. 30936; +32236) +SEC. 43-163.   EXPIRATION OF OPERATING AUTHORITY PERMIT. +   An operating authority permit expires one year from the date it is issued. +(Ord. Nos. 30936; 32236) +SEC. 43-164.   REFUSAL TO ISSUE OR RENEW OPERATING AUTHORITY PERMIT. +   (a)   The director shall refuse to issue or renew an operating authority +permit if: +      (1)   the applicant intentionally or knowingly makes a false statement as +to a material matter in an application for a permit or permit renewal; +      (2)   the applicant has had an operating authority permit revoked within +two years of the date of application; +      (3)   the applicant is providing shared dockless vehicles services +without an operating authority permit; +      (4)   issuance of the permit would result in activity that is expected to +cause significant sidewalk congestion or make accessing abutting property +hazardous; or +      (5)   issuance of the permit would result in activity that is expected to +impede the flow of pedestrian traffic or make the use of sidewalks hazardous. +   (b)   If the director determines that a permit should be denied, the +director shall notify the applicant or operator in writing that the application +is denied and include in the notice the specific reason or reasons for denial +and a statement informing the applicant or operator of the right to, and the +process for, appeal of the decision. +   (c)   The director is authorized to develop an objective scoring matrix used +to determine if issuance of a permit would cause significant sidewalk +congestion, make accessing abutting property hazardous, impede the flow of +pedestrian traffic, or make the use of sidewalks hazardous, in accordance with +Paragraphs (a)(4) and (a)(5) of this section. (Ord. Nos. 30936; 32236) +SEC. 43-165.   SUSPENSION OR REVOCATION OF OPERATING AUTHORITY PERMIT. +   (a)   Suspension. The following regulations apply to the suspension of an +operating authority permit: +      (1)   The director may suspend an operating authority permit if the +director determines that the operator violated the rules and regulations +established by the director or for any of the reason for revocation in +Subsection (b). +      (2)   Suspension of an operating authority permit does not affect the +expiration date of the permit. +   (b)   Revocation. The director may revoke an operating authority permit if: +      (1)   the operator has made a false statement as to a material matter in +the application concerning the operating authority permit; +      (2)   the operator failed to maintain the insurance, performance bond, or +irrevocable letter of credit required by this article; +      (3)   the operator is operating more shared dockless vehicles than is +authorized by the operating authority permit; +      (4)   the operator failed to pay a fee required by this article; +      (5)   the operator violated this article, any other ordinance, or any +state or federal law or regulation; +      (6)   after consultation with the chief of police, the director +determines that the operator's shared dockless vehicle service constitutes an +imminent threat to public safety; +      (7)   the operator failed to maintain or correct current information with +the director concerning the operating authority permit; +      (8)   the operator shows a pattern of not responding to inquiries by the +director; +      (9)   the operator has filed bankruptcy, is insolvent, or failed to meet +financial obligations on a timely basis or is unable to obtain or maintain the +financial resources needed to properly maintain facilities or provide adequate +service; or +      (10)   the operator operates a shared dockless vehicle service with a +suspended operating authority permit. +   (c)   Ceasing operations upon notice of suspension or revocation. Upon +receiving an emailed notice by the director that its operating authority permit +has been suspended or revoked, an operator must stop providing shared dockless +vehicle services within 12 hours and must remove its shared dockless vehicles +from the public right-of-way within 24 hours. If the operator fails to retrieve +all its shared dockless vehicles within 24 hours of receipt of notice the +director may remove the shared dockless vehicles from the public right-of-way +without notice or consent of the operator. The operator is responsible for the +cost of removal and storage of its shared dockless vehicles, and the operator +will be assessed a fee to retrieve any of its shared dockless vehicles that are +removed and stored. Any shared dockless vehicle that remains unclaimed with the +city for 30 days is subject to sale or disposal in accordance with Division 2, +"Sale of Unclaimed and Surplus Property," of Article IV, "Procurement," of +Chapter 2 , "Administration," of the Dallas City Code, as amended. The director +shall provide notice via email and certified mail to the addresses provided +under Section +43-161 . (Ord. Nos. 30936; 32236) +SEC. 43-166.   APPEALS. +   Any person whose application for an operating authority permit, or renewal +of an operating authority permit, is denied by the director, or an operator +whose operating authority permit has been revoked or suspended by the director, +may file an appeal with the permit and license appeal board in accordance with +Section +2-96, "Appeals From Actions of Department Directors," of this code. (Ord. Nos. +30936; 32236) +SEC. 43-167.    NONTRANSFERABILITY. +   An operating authority permit is not transferable. This regulation should +not be construed to impede the continuing use of trade names. (Ord. Nos. 30936; +32236) +SEC. 43-168.   [RESERVED.] +SEC. 43-169.   [RESERVED.] +SEC. 43-170.   INSURANCE REQUIREMENTS. +   (a)   An operator shall procure and keep in full force and effect no less +than the insurance coverage required by this section through a policy or +policies written by an insurance company that: +      (1)   is authorized to do business in the State of Texas; +      (2)   acceptable to the city; and +      (3)   does not violate the ownership or operational control prohibition +described in Subsection (e) of this section. +   (b)   The insured provisions of the policy must name the city and its +officers and employees as additional insureds, and the coverage provisions must +provide coverage for any loss or damage that may arise to any person or +property by reason of the operation of a shared dockless vehicle. +   (c)   An operator shall maintain the following insurance coverages: +      (1)   The commercial general liability insurance must provide single +limits of liability for bodily injury (including death) and property damage of +$1 million for each occurrence, with a $2 million annual aggregate. +      (2)   If an operator will utilize motor vehicles in its operations, the +business automotive liability insurance must cover owned, hired, and non-owned +vehicles, with a combined single limit for bodily injury (including death) and +property damage of $500,000 per occurrence. +      (3)   Worker's compensation insurance with statutory limits. +      (4)   Employer's liability insurance with the following minimum limits +for bodily injury by: +         (A)   accident, $500,000 per each accident; and +         (B)   disease, $500,000 per employee with a per policy aggregate of +$500,000. +      (5)   Cyber/technology network liability and risk insurance, inclusive of +information security and privacy with minimum limits of $1 million per claim. +   (d)   Insurance required under this article must: +      (1)   include a cancellation provision in which the insurance company is +required to notify the director in writing not fewer than 30 days before +cancelling the insurance policy (for a reason other than non-payment) or before +making a reduction in coverage; +      (2)   include a cancellation provision in which the insurance company is +required to notify the director in writing not fewer than 10 days before +cancelling for non-payment; +      (3)   include an endorsement to waive subrogation in favor of the city +and its officers and employees for bodily injury (including death), property +damage, or any other loss. +      (4)   cover all shared dockless vehicles during the times that the +vehicles are deployed or operating in furtherance of the operator's business; +      (5)   include a provision requiring the insurance company to pay every +covered claim on a first-dollar basis; +      (6)   require notice to the director if the policy is cancelled or if +there is a reduction in coverage; and +      (7)   comply with all applicable federal, state, and local laws. +   (e)   No person who has a 20 percent or greater ownership interest in the +operator may have an interest in the insurance company. +   (f)   An operator may not be self-insured. +   (g)   Any insurance policy required by this article must be on file with the +city within 45 days of the issuance of the initial operating authority permit, +and thereafter within 45 days of the expiration or termination of a previously +issued policy. (Ord. Nos. 30936; 31479; 32236) +SEC. 43-171.   [RESERVED.] +SEC. 43-172.   VEHICLE FEE AND RIDE FEE. +   (a)   An operator shall pay an annual vehicle fee of $35 for each permitted +shared dockless vehicle with $5 from the annual vehicle fee dedicated to equity +programs. +   (b)   An operator shall pay a right-of-way rental fee of $0.20 for each ride +a customer takes on a shared dockless vehicle. +   (c)   The director may establish a program, subject to city council +approval, to rebate or waive fees under this section in order to encourage +equity in the distribution of shared dockless vehicles throughout the city. +   (d)   City council must review the fees in this article by June 22, 2024. +(Ord. Nos. 30936; 31479; 32236) +SEC. 43-173.   PERFORMANCE BOND OR IRREVOCABLE LETTER OF CREDIT. +   Before issuance of an operating authority permit, the operator shall give +the director a performance bond or an irrevocable letter of credit approved as +to form by the city attorney. +      (1)   A bonding or insurance company authorized to do business in the +State of Texas and acceptable to the city must issue the performance bond. A +bank authorized to do business in the State of Texas and acceptable to the city +must issue the irrevocable letter of credit. +      (2)   The performance bond or irrevocable letter of credit must list the +operator as principal and be payable to the city. +      (3)   The performance bond or irrevocable letter of credit must remain in +effect for the duration of the operating authority permit. +      (4)   The amount of the performance bond or irrevocable letter of credit +must be at least $10,000. +      (5)   Cancellation of the performance bond or irrevocable letter of +credit does not release the operator from the obligation to meet all +requirements of this article and the operating authority permit. If the +performance bond or irrevocable letter of credit is cancelled, the operating +authority permit shall be suspended on the date of cancellation and the +operator shall immediately cease operations until the operator provides the +director with a replacement performance bond or irrevocable letter of credit +that meets the requirements of this article. +      (6)   The city may draw against the performance bond or irrevocable +letter of credit or pursue any other available remedy to recover damages, fees, +fines, or penalties due from the operator for violation of any provision of +this article or the operating authority permit. (Ord. Nos. 30936; 32236) +SEC. 43-174.   ENFORCEMENT. +   (a)   The director may, with or without notice, inspect any shared dockless +vehicle operating under this article to determine whether the shared dockless +vehicle complies with this article, rules and regulations established under +this article, or other applicable laws. +   (b)   The director shall enforce this article. Upon observing a violation of +this article or the rules or regulations established by the director, the +director shall take necessary action to ensure effective regulation of shared +dockless vehicles. The director has authority to issue citations for violations +of this division including moving violations. (Ord. Nos. 30936; 31479; 32236) +SEC. 43-175.   CRIMINAL OFFENSES. +   (a)   A person commits an offense if he violates or attempts to violate a +provision of this article, or a rule or regulation established by the director +under this article, that is applicable to a person. A culpable mental state is +not required for the commission of an offense under this article unless the +provision defining the conduct expressly requires a culpable mental state. A +separate offense is committed each day in which an offense occurs. +   (b)   Prosecution for an offense under Subsection (a) does not prevent the +use of other enforcement remedies or procedures applicable to the person +charged with or the conduct involved in the offense. (Ord. Nos. 30936; 32236) +CHAPTER 43A +SWIMMING POOLS +ARTICLE I. +GENERAL PROVISIONS. +Sec. +43A-1.   Definitions. +Sec. +43A-2.   Permit required; application; issuance. +Sec. +43A-3.   Inspections and reinspections. +Sec. +43A-3.1.   Incorporation of Health and Safety Code Regulations for multiunit +pool enclosures. +ARTICLE II. +POOL DESIGN AND CONSTRUCTION. +Sec. +43A-4.   Materials. +Sec. +43A-5.   Shape. +Sec. +43A-6.   Depth and slope; depth markings. +Sec. +43A-7.   Projections. +Sec. +43A-8.   Diving area. +Sec. +43A-9.   Steps, ladders and towers. +Sec. +43A-10.   Overflow gutters and skimming devices. +Sec. +43A-11.   Deck area; pool enclosure; spectator separation. +Sec. +43A-12.   Recirculation system. +Sec. +43A-13.   Inlets and outlets; water disposal. +Sec. +43A-14.   Heating units. +Sec. +43A-15.   Lighting. +Sec. +43A-16.   Toilet facilities. +ARTICLE III. +MAINTENANCE AND OPERATION OF SWIMMING POOLS. +Sec. +43A-17.   Permit and manager of operations required. +Sec. +43A-18.   Certification of manager of operations. +Sec. +43A-19.   Operation of a pool. +Sec. +43A-20.   Quality of water; public and semi- public pools. +Sec. +43A-20.1.   Pools not maintained. +Sec. +43A-21.   Safety equipment. +Sec. +43A-22.   Regulations in pool area. +Sec. +43A-23.   Pool drainage. +Sec. +43A-24.   Suspension. +Sec. +43A-25.   Appeal. +ARTICLE IV. +SPAS. +Sec. +43A-26.   Spa safety standards. +ARTICLE I. +GENERAL PROVISIONS. +SEC. 43A-1.   DEFINITIONS. +   (a)   The terms used in this chapter have the meanings ascribed to them in +the Texas Administrative Code Title 25, Part 1, Chapter 265, Subchapter L, +Section 182, as amended. +   (b)   In addition to the terms defined in Subsection (a), the terms in this +chapter have the following meaning: +      (1)   DIRECTOR means the director of the department designated by the +city manager to enforce and administer this chapter or the director's +designated representative. +      (2)   PERSON means an individual, partnership, company, corporation, +association, firm, organization, institution, or similar entity. +      (3)   PRIVATE POOL means a swimming pool appurtenant to a single-family +or duplex residence (including condominiums and townhouses) and used only by +the occupants of the residence and their guests. +      (4)   PUBLIC POOL means a swimming pool to which the general public has +access. +      (5)   SEMI-PUBLIC POOL means a swimming pool that is privately owned and +open only to an identifiable class of persons, including, but not limited to, +motel guests, apartment residents, and club members. (Ord. Nos. 15256; 30090) +SEC. 43A-2.   PERMIT REQUIRED; APPLICATION; ISSUANCE. +   No person may construct, modify, or repair a pool in the city without +obtaining a permit. The application for a permit must be on a form provided by +the building official and must be accompanied by the required fee and a +specified number of copies of the plans of which the applicant seeks approval. +If the building official and the director are satisfied that the proposed pool +will conform in all respects to the requirements of the law, a permit shall be +issued by the building official to the applicant. (Ord. Nos. 15256; 30090) +SEC. 43A-3.   INSPECTIONS AND REINSPECTIONS. +   (a)   The director shall have all of the authority granted to the city under +Texas Administrative Code Title 25, Part 1, Chapter 265, Subchapter L, Section +207, as amended, to inspect a pool at any reasonable time and to enter upon the +premises where a pool is located to the extent necessary to make a full +examination for compliance with this chapter and state law. Advanced notice or +permission for inspections or investigations by the director is not required. +   (b)   Public pools and semi-public pools, excluding multiunit, shall be +inspected at least annually, and multiunit pools shall be inspected with the +graded inspections for multitenant properties in accordance with +Chapter 27 of the Dallas City Code. For purposes of this subsection, +"multiunit" has the meaning ascribed to it in Texas Health and Safety Code +Section 757.001, as amended. +   (c)   Water samples from a pool may be taken. +   (d)   If a reinspection is required, the fee for the reinspection is $20. +(Ord. Nos. 15256; 29879; 30090; 31332, eff. 10/1/19) +SEC. 43A-3.1.   INCORPORATION OF HEALTH AND SAFETY CODE REGULATIONS FOR +MULTIUNIT POOL ENCLOSURES. +   The provisions of Texas Health and Safety Code Chapter 757, as amended, +apply and supersede any regulations in this chapter for pools owned, +controlled, or maintained by the owner or manager of a multiunit rental complex +or by a property owner's association and for doors and windows of rental +dwellings opening into the pool yard of a multiunit rental complex or +condominium, cooperative, or town home project. (Ord. 30090) +ARTICLE II. +POOL DESIGN AND CONSTRUCTION. +SEC. 43A-4.   MATERIALS. +   A swimming pool must be constructed of materials that are sanitary, +enduring, and non-toxic to humans. Materials used on walls and bottom surfaces +must provide a watertight structure with a smooth and easily cleaned finish, +free from cracks or open joints other than structural expansion joints. (Ord. +15256) +SEC. 43A-5.   SHAPE. +   The shape of a pool must be designed so that the water is uniformly +circulated and so that all interior areas of a pool are visible from the edge +of the pool. (Ord. 15256) +SEC. 43A-6.   DEPTH AND SLOPE; DEPTH MARKINGS. +   (a)   The depth and slope of a pool must comply with the specifications +indicated in Plate I. +   (b)   A pool without a diving area must have no sudden increase in slope and +must not exceed five feet in depth. +   (c)   All surfaces on the bottom of a pool must slope toward the main drain. +A main drain is not required in vinyl pools with a depth of less than five +feet. In areas of a pool that are less than five feet in depth, the following +slope requirements apply: +      (1)   The slope of the floor in a pool 42 feet or more in length must not +exceed one foot in 12 feet. +      (2)   The slope of the floor in a pool less than 42 feet in length must +not exceed one foot in eight feet. +   (d)   Walls in the deep portion of a pool must be vertical from the water +line for a minimum depth of two feet six inches. +   (e)   Depth of water must be marked at or above the water surface on the +vertical pool wall or on the edge of the deck next to the pool, at maximum and +minimum depth points, at points of break between deep and shallow areas, and at +intermediate increments of depth, spaced at not more than 25 foot intervals +around the entire perimeter of the pool. Depth markings and additional signage +for pools must be consistent with the requirements in Texas Administrative Code +Title 25, Chapter 265, Subsections 265.199(c)-(f), as amended. Depth markers +are not required for private pools. +   (f)   The depth of the water must be measured from the midpoint of the +skimmer opening or the top of the overflow gutter. (Ord. Nos. 15256; 16271; +30090) +SEC. 43A-7.   PROJECTIONS. +   Pool structures, protrusions, or extensions must not project more than six +inches within the pool area, as delineated by the profiles illustrated in Plate +I. (Ord. 15256) +SEC. 43A-8.   DIVING AREA. +   (a)   The minimum depth of water below a diving board or platform and other +minimum dimensions in the diving area of a pool must comply with the minimum +standards indicated in Table I and Plate I. +   (b)   A diving board or platform must not be placed more than three meters +above the water level without approval of the director. The base of a diving +board or tower must not extend into the pool water, and the tower must be +anchored with sufficient bracing to insure stability under the heaviest load. +Both sides of steps, ladders, and platforms of diving towers one meter or +higher must be provided with suitable handrails designed to prevent persons +from falling. +   (c)   A minimum clearance of 16 feet must be provided above each diving +board or platform, measured from the center of the front end of the board or +platform and extending at least eight feet behind and to each side and 16 feet +ahead of the measuring point. +   (d)   The height of a diving board must be measured from the midpoint of the +skimmer opening or the top of the overflow gutter. (Ord. Nos. 15256; 16271) +SEC. 43A-9.   STEPS, LADDERS AND TOWERS. +   (a)   Materials used in steps, ladders, and diving towers must be of +sufficient structural strength to safely support anticipated loads and must be +corrosion resistant, easily cleaned, and of a nonskid design. +   (b)   A minimum of one ladder must be provided for each 100 feet of public +or semi-public pool perimeter; except that a diving area which is wider than 30 +feet at any point must be provided with two ladders at opposite sides. +   (c)   If recessed steps are used, they must be designed to drain into the +pool and to be easily cleaned. +   (d)   Ladders and recessed steps must be provided with a handrail on both +sides. Handrails must be constructed out over the coping and return to the pool +deck. +   (e)   Handrails, ladders, steps, seat ledges, and coping must also comply +with the standards for pool safety in Texas Administrative Code Title 25, Part +1, Subchapter L, Chapter 265, Subsection 199(a), as amended. (Ord. Nos. 15256; +30090) +SEC. 43A-10.   OVERFLOW GUTTERS AND SKIMMING DEVICES. +   (a)   All pools must be equipped with either an overflow gutter or surface +skimming device. +   (b)   If surface skimming devices are used: +      (1)   handholds must be provided around the entire perimeter of the pool +except above steps and: +         (A)   if coping is used, the outer two inches must be not more than 2 +1/2 inches thick; and +         (B)   must be not more than 12 inches above the normal water line; +      (2)   each skimming device must be individually controlled; +      (3)   each skimming device must be automatically adjustable to variations +in water level over a range of at least three inches; +      (4)   the rate of flow through the total number of skimming devices must +be automatically adjustable from 50 percent to 75 percent of the capacity of +the pool filter system; +      (5)   each skimming device must have an easily removable and cleanable +basket or screen to trap material which might clog the circulation pump; and +      (6)   one skimmer must be provided for each 500 square feet of water +surface area plus an additional skimmer for any remaining increment of water +surface area less than 500 square feet. +   (c)   If an overflow gutter is used, it must: +      (1)   extend around the entire perimeter of the pool except above steps; +      (2)   be constructed so that the gutter is not completely recessed into +the wall and water entering the gutter cannot flow back into the pool; +      (3)   be capable of continuously removing 50 percent or more of the +recirculated water through the filter system; +      (4)   be connected to a recirculation system with a surge capacity of not +less than 1/2 gallon for each square foot of pool surface area, and in pools +subject to heavy swimming use, a surge capacity of not less than one gallon for +each square foot of surface area; +      (5)   be designed so that the edge of the gutter can be used as a +handhold for bathers; +      (6)   be designed so that the overflow edge is level within 3/10 inch; +      (7)   be designed so that the bottom slopes not less than 1/8 inch to the +foot, to outlets spaced at 10 foot intervals; +      (8)   discharge waste into the recirculating system, the drain pipe being +not less than 1-1/2 inches in diameter. (Ord. 15256) +SEC. 43A-11.   DECK AREA; POOL ENCLOSURE; SPECTATOR SEPARATION. +   (a)   Each public or semi-public pool must be provided with a deck area +which: +      (1)   is continuous around the entire pool; +      (2)   is not less than 3 1/2 feet in width, including coping and curbing; +      (3)   is constructed of sanitary material with a skid resistant surface; +      (4)   has a minimum slope of 1/8 inch per foot for the first eight feet +to points of disposal other than the pool; +      (5)   is equipped with gratings for drain pipe openings that are two +times the diameter of the drain pipe if deck drains are used; and +      (6)   is equipped around the entire edge of the pool with coping designed +to prevent deck water from entering the pool. +   (b)   Hose bibbs of not less than 3/4 inch must be provided around the +perimeter of the deck area at intervals which will allow all parts of a pool to +be reached with a 75 foot hose for cleaning. Each bibb must be equipped with an +approved back-flow preventer. +   (c)   The pool enclosure must comply with requirements of the Dallas +Building Code and Texas Administrative Code Title 25, Part 1, Subchapter L, +Chapter 265, Section 200, as amended. +   (d)   If spectator galleries are installed: +      (1)   there must be a separation between the areas used by bathers and +the areas used as galleries by spectators; +      (2)   galleries must not extend over any part of a pool; and +      (3)   separate entrances and toilet facilities must be provided for +bathers and spectators. (Ord. Nos. 15256; 30090) +SEC. 43A-12.   RECIRCULATION SYSTEM. +   (a)   Each pool with a water capacity of 800 gallons or more or a depth +greater than two feet must be equipped with a recirculation system consisting +of pumps, hair and lint catchers, filters, and pipe connections necessary to +connect to the inlets and outlets of the pool. +   (b)   Filters. Filters must meet National Sanitation Foundation standards, +or be approved by the director. The director shall disapprove a filter if it +does not backwash thoroughly or does not filter at a sufficient rate. +   (c)   Pumps. The pumps must be of an adequate size to turn over the pool +water capacity within six hours for a public pool and eight hours for a private +or semipublic pool. +   (d)   Hair and lint catcher. A catcher must be installed on the suction side +of the pumps to prevent hair, lint, and other extraneous matter from reaching +the pumps and filters. +      (1)   Catchers must be designed so that they are easily dismantled for +cleaning. +      (2)   If the catcher has circular openings, the diameter of each opening +must not exceed 1/8 inch. If the catcher has square punched or square mesh +openings, the openings must not exceed 1/10 inch on a side. +      (3)   The total area of catcher openings must be at least four times the +cross-sectional area of the inlet pipe to the catcher. +   (e)   Cross connections. Cross connections between the pool water or the +recirculation system and the water supply are prohibited. The pool must be +designed so that fresh water added to the pool will not create a cross +connection. Other cross connections must comply with applicable city +ordinances. (Ord. 15256) +SEC. 43A-13.   INLETS AND OUTLETS; WATER DISPOSAL. +   (a)   Inlets. Pool inlets must be arranged to produce a uniform chlorine or +equivalent disinfectant residual throughout the pool. +      (1)   Each inlet must be equipped with an adjustable orifice or valve so +that the flow of water to various portions of the pool may be adjusted. +      (2)   The minimum number of pool inlets required is determined by pool +volume as indicated in Table II below. +      (3)   The fill pipe to a pool must have an air gap of six inches above +the pool coping or be protected by a double check backflow preventer assembly. +   (b)   Outlets. Pool outlets must be arranged to produce a uniform +circulation of water throughout a pool. +      (1)   At least one outlet must be provided at the lowest point of the +floor to permit complete drainage of the floor area, except in vinyl pools of +less than five feet in depth. +      (2)   If the width of a pool is more than 40 feet, multiple outlets must +be provided. In this case outlets must be not more than 10 feet from each +sidewall. +      (3)   If the exit velocity exceeds two feet per second, a National +Sanitation Foundation approved, or equal, anti-vortex outlet must be used. +      (4)   Outlet gratings in the bottom of a pool must be securely fastened +and must have a cross- sectional area of at least four times the cross- +sectional area of the discharge pipe. +      (5)   A pool must be equipped with pipe connections which permit the pool +to be emptied as well as recirculated, except vinyl pools of less than five +feet in depth. +   (c)   Water disposal. +      (1)   Backwash from a filter must go to the sanitary sewer or a +separation tank. Filter backwash may go to an approved septic tank system if a +sanitary sewer or separation tank is not available. +      (2)   Pools drained for repairs or cleaning must drain to the sanitary +sewer in compliance with the Dallas Plumbing Code, or to a natural drainage +course if no sanitary sewer is available or sanitary sewer drainage would be +too slow. +      (3)   A deck drain may go to a lawn, leaching field, dry well, or, if +necessary, to a natural drainage course. (Ord. 15256) +SEC. 43A-14.   HEATING UNITS. +   Heating units for pools, dressing rooms, shower rooms, toilet rooms, and +rooms in which pools are contained must be installed in a manner that will +protect swimmers from injury and protect the units from damage. (Ord. 15256) +SEC. 43A-15.   LIGHTING. +   (a)   A system of artificial lighting must be provided for pools, dressing +rooms, shower rooms, toilet rooms, and rooms in which pools are contained. The +system must be installed in conformance with the Dallas Electrical Code, and +the design and arrangement of the lights must insure clear vision in all areas +of a pool and surrounding pool area. Private pools of less than four feet +maximum depth are not required to have a lighting system. +   (b)   Underwater lighting must provide 5/10 watts per square foot of pool +area for private pools, and one watt per square foot of pool area for public or +semi-public pools, and must be installed and maintained in a manner that will +insure the safety of swimmers. If underwater lighting is used, deck lighting +must be directed away from the pool surface as much as possible and be of a +capacity not less than 6/10 watts per square foot of deck area. If underwater +lighting is not used, pool and pool area lighting must be of a capacity not +less than two watts per square foot of total area. +   (c)   Deck and underwater lighting must also comply with the standards in +Texas Administrative Code Title 25, Part 1, Subchapter L, Chapter 265, +Subsection 265.199(k), as amended. (Ord. Nos. 15256; 30090) +SEC. 43A-16.   TOILET FACILITIES. +   (a)   Semi-public pools must have toilet facilities available within 200 +feet of the pool. +   (b)   Public pools must have toilet facilities for each sex at the pool +site. (Ord. 15256) +ARTICLE III. +MAINTENANCE AND OPERATION OF SWIMMING POOLS. +SEC. 43A-17.   PERMIT AND MANAGER OF OPERATIONS REQUIRED. +   (a)   A person shall not operate a public or semi-public pool without a +permit. To obtain a permit an applicant must complete a form provided by the +director. An applicant must designate a manager of operations of each pool for +which a permit is sought. A person designated as manager of operations of a +pool must reside in the city or be employed on the premises where the pool is +located. +   (b)   If a manager of operations of a pool ceases to perform that function +for any reason, the owner of the pool shall designate a new manager within a +reasonable period of time. +   (c)   The director shall issue a permit to an applicant if a qualified +manager of operations has been designated and the fee has been paid. The amount +of the fee is $20 for each pool owned by an applicant. The fee is due on or +before the first day of March of each calendar year. If a permit is initially +issued after the first day of March of a calendar year, the fee for that year +will be prorated according to the number of whole months remaining in the year. +No refunds will be made. +   (d)   This section does not apply to pools owned by the city. (Ord. Nos. +15256; 16271; 17989; 18411; 19300; 25048; 29879; 31332, eff. 10/1/19) +SEC. 43A-18.   CERTIFICATION OF MANAGER OF OPERATIONS. +   (a)   A manager of operations of a public or semi-public pool shall obtain +certification from the director by successfully completing a training course +conducted by the director. If a person designated by an owner as manager of +operations of a pool is not certified, he shall attend and successfully +complete the next training course conducted after his designation. +   (b)   The certification of a manager of operations expires two years from +the date of certification and a manager must repeat the training course to +maintain certification. The fee for the training course and certificate is $50. +(Ord. Nos. 15256; 18411; 20612; 25048; 29879; 31332; 32556) +SEC. 43A-19.   OPERATION OF A POOL. +   (a)   A manager of operations, a manager of premises on which a public or +semi-public pool is located, or the owner of a public or semi-public pool shall +not: +      (1)   knowingly permit a condition to exist that endangers the life, +health, or safety of a swimmer or that violates a provision of this article; +      (2)   knowingly permit a person to swim in a pool who has skin abrasions, +open sores, cuts, skin disease, eye disease, nasal or ear discharge, or +communicable disease; +      (3)   knowingly allow dogs within a pool area or enclosure; +      (4)   fail to post placards containing pool regulations and instructions +in conspicuous places within a pool area or enclosure; +      (5)   fail to maintain a pool in accordance with the standards of health +and safety provided in Sections +43A-20 and +43A-21; +      (6)   knowingly violate or permit any person to violate the regulations +regarding food, beverages, and trash containers in Texas Administrative Code +Title 25, Part 1, Chapter 265, Subchapter L, Section 202, as amended; or +      (7)   knowingly violate or permit any person to violate the lifeguard +training and personnel requirements in Texas Administrative Code Title 25, Part +1, Chapter 265, Subchapter L, Subsection 265.199(g), as amended. +   (b)   A manager of operations, a manager of premises on which a public or +semi-public pool is located, and the owner of a public or semi-public pool must +also comply with the pool and spa standards in Texas Administrative Code Title +25, Part 1, Chapter 265, Subchapter L, Subsections 265.203(a)-(l), as amended. +(Ord. 15256; 16271; 30090) +SEC. 43A-20.   QUALITY OF WATER; PUBLIC AND SEMI-PUBLIC POOLS. +   (a)   Water quality. A manager of operations, a manager of premises on which +a public or semi-public pool is located, and the owner of a public or semi- +public pool must comply with the water quality standards in Texas +Administrative Code Title 25, Part 1, Chapter 265, Subchapter L, Subsection +265.204 and Figure 265.204(a), as amended. +   (b)   Disinfectant. In a public or semi-public pool disinfectant capable of +killing bacteria and algae, but not harmful to humans, shall be added to the +pool water through a continuous feed machine. If chlorine or bromine is used, a +residual level shall be maintained consistent with the levels in Texas +Administrative Code Title 25, Part 1, Chapter 265, Subchapter L, Subsection +265.204 and Figure 265.204(a), as amended. +   (c)   Algae. A public or semi-public pool must be kept free of algae. +   (d)   Circulation. The recirculation system of a public or semi-public pool +must be in operation at all times. +   (e)   Heating. Hot water must not enter a public or semi-public pool at a +temperature exceeding 110 degrees Fahrenheit. +   (f)   Level. Fresh water must be added to a public or semi-public pool at a +rate that will keep the pool water at a level sufficient to allow skimming +devices or overflow gutters to work properly. +   (g)   Cleaning. The walls, floors, equipment, and appurtenant facilities of +a public or semi-public pool must be maintained in a clean and sanitary +condition at all times. (Ord. 15256; 16271; 30090) +SEC. 43A-20.1.   POOLS NOT MAINTAINED. +   (a)   The owner of a semi-public pool that is not being maintained as a +swimming pool in accordance with this article shall drain all water from the +pool and either: +      (1)   fill the pool with dirt or sand that is not capable of holding +water; or +      (2)   cover the pool with a material of sufficient strength, durability, +and water tightness to prevent the entrance of water or children. +   (b)   A semi-public pool that remains drained of water for 60 days is +presumed to be no longer maintained as a swimming pool. (Ord. 16271) +SEC. 43A-21.   SAFETY EQUIPMENT. +   Texas Administrative Code Title 25, Part 1, Chapter 265, Subchapter L, +Subsection 265.199(b), Subsections 265.199(g)-(h), and (j), and Subsection +265.199(i)(1)(A)-(B), as amended, are hereby adopted and incorporated by +reference into this chapter. (Ord. Nos. 15256; 30090) +SEC. 43A-22.   REGULATIONS IN POOL AREA. +   A person commits an offense if he: +   (1)   allows a dog under his control to remain within the pool area or pool +enclosure of a public or semi-public pool; +   (2)   has skin abrasions, open sores, cuts, skin disease, eye disease, nasal +or ear discharge, or communicable disease and swims in a public or semi- public +pool; +   (3)   carries glass within a public or semi-public pool area or enclosure; +or +   (4)   alters or removes safety equipment from a public or semi-public pool +except in a bona fide emergency. (Ord. 15256) +SEC. 43A-23.   POOL DRAINAGE. +   A person commits an offense if he drains water from a pool at a rate that +causes the water to leave a natural drainage course and flow onto adjacent +property. (Ord. 15256) +SEC. 43A-24.   SUSPENSION. +   (a)   The director shall suspend a permit to operate a public or semi-public +pool if: +      (1)   the annual permit fee is not paid; or +      (2)   an owner fails to designate and retain a certified manager of +operations as specified in this article; or +      (3)   the condition of a pool is hazardous to the health or safety of +swimmers or the general public; or +      (4)   the owner fails to keep all pool equipment and devices working +properly. +   (b)   The suspension shall continue until the cause of suspension is +corrected. (Ord. 15256) +SEC. 43A-25.   APPEAL. +   (a)   If the director denies the issuance of a permit, or suspends a permit, +he shall send to the applicant, or permit holder, by certified mail, return +receipt requested, written notice of his action and the right to an appeal. The +applicant, or permit holder, may appeal the decision of the director to the +city manager by filing with the city manager a written request for a hearing +within 10 days after receipt of the notice from the director. If a request for +an appeal hearing is not made within the 10 day limit, the action of the +director is final. +   (b)   The city manager, or designee, shall serve as hearing officer at an +appeal hearing and consider evidence offered by any interested person. The +formal rules of evidence do not apply at an appeal hearing; the hearing officer +shall make his decision on the basis of a preponderance of the evidence +presented at the hearing. The hearing officer must render a decision within 30 +days after the request for an appeal hearing is filed. The hearing officer +shall affirm, reverse, or modify the action of the director and his decision is +final unless the applicant, or permit holder, files a written request with the +city council for a hearing within 10 days after receipt of notice of the action +of the hearing officer. +   (c)   If a request for an appeal hearing with the city council is filed +within the 10 day limit, the city council shall hear and consider evidence +offered by any interested person. The formal rules of evidence do not apply at +an appeal hearing before the city council. The city council shall decide the +appeal on the basis of a preponderance of the evidence presented at the +hearing. The city council shall affirm, reverse, or modify the action of the +hearing officer by a majority vote; failure to reach a majority decision on a +motion shall leave the hearing officer’s decision unchanged. The result of an +appeal hearing before the city council is final. (Ord. 15256) +TABLE I +   MINIMUM SWIMMING POOL SHAPE & DIVING BOARD DATA (See Plate I) +BOARD TYPE BOARD LENGTH A B1 B2 B1+B2 C1 C2 DD1 DD2 DB DS E EE +BOARD BOARD A B1 B2 B1+B2 C1 C2 DD1 DD2 DB DS E EE +TYPE LENGTH +Deck Min. 6’02’08’0�2’010’012’020’08’0�7’9�4’0” 7’0�8’0” +Level +(18” Max. 4’0” 5’03’6” +Max.) 10’0” +Resid +entia Min. 8’03’08’0�3’011’013’621’68’0�7’9�4’0” 7’6�8’0” +l +(30” Max. 4’6” 5’03’6” +Max.) 12’0” +1 Min. 5’08’6�3’612’014’022’010’08’3�4’0” 10’08’0” +Meter 14’0” +(Max. Max. 6’0” 5’03’6” +) 16’0” +3 Min. 5’010’05’015’021’031’013’010’04’0” 12’08’0” +Meter 14’0” +(Max. Max. 6’0” 5’03’6” +) 16’0” +  +See Plate I for floor slopes and radii.   All pool shell dimensions shall be +minimum inside. +TABLE II +SWIMMING POOL INLETS REQUIRED +Min. No. Inlets (N) Pool Volume Gals. (V) +TABLE II +SWIMMING POOL INLETS REQUIRED +Min. No. Inlets (N) Pool Volume Gals. (V) + UP TO +2 12,000 +3 18,000 +4 26,000 +5 36,000 +6 48,000 +7 62,000 +8 78,000 +9 96,000 +10 116,000 +11 138,000 +12 162,000 +13 188,000 +14 216,000 +15 246,000 +16 278,000 +17 312,000 +18 348,000 +19 386,000 +20 426,000 +21 468,000 +22 512,000 +23 558,000 +24 581,000 +25 630,000 +26 655,200 +27 680,400 +28 705,600 +29 730,800 +30 756,000 +31 781,200 +32 806,400 +33 831,600 +34 856,800 +35 882,000 +36 907,200 +37 932,400 +38 957,600 +39 982,800 +40 1,008,000 +  +By formula N2 + N + 6 = V through 25 inlets. +          1000 +Over 25 inlets are limited to a maximum of 70 GPM per each 2” inlet. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-41.png] +  +ARTICLE IV. +SPAS. +SEC. 43A-26.   SPA SAFETY STANDARDS. +   Texas Administrative Code Title 25, Part 1, Chapter 265, Subchapter L, +Subsection 265.205(f), as amended, is hereby adopted and incorporated by +reference into this chapter. (Ord. 30090) +CHAPTER 44 +TAXATION +ARTICLE I. +IN GENERAL. +Sec. +44-1.   Persons required to render; time for rendition. +Sec. +44-2.   Fire insurance companies. +Sec. +44-3.   Penalties for failure to make timely and correct rendition of certain +property. +Sec. +44-4.   Prorating of real property taxes - Authority. +Sec. +44-5.   Same - At request of owner; notice to owners when proration made on +initiative of assessor and collector. +Sec. +44-6.   Duty of building inspector. +Sec. +44-7.   Assessment rolls to show name of owner and description of property. +Sec. +44-8.   Assessment rolls to show total amount of taxes. +Sec. +44-9.   Manner of making up original tax assessment sheets not affected. +Sec. +44-10.   Assessment of franchises, etc. +Sec. +44-11.   Taxes due on adjudication of bankruptcy. +Sec. +44-12.   Assessment, etc., of ad valorem taxes in certain contingencies; +support of ad valorem bonds during interim period. +Sec. +44-13.   Deduction of penalty and interest accruing after bankruptcy. +Sec. +44-14.   Taxes due upon assignment for benefit of creditors or receivership. +Sec. +44-15.   Collection of taxes upon assignment for benefit of creditors or +receivership. +Sec. +44-16.   Service charge for verification of taxes on real property. +Sec. +44-17.   Historic landmark tax exemptions. +Sec. +44-17.1.   Tax certificates. +ARTICLE II. +TAX ON TELECOMMUNICATIONS SERVICES. +Sec. +44-18.   Definitions. +Sec. +44-19.   Levy of tax; amount. +Sec. +44-20.   Repeal of exemption. +Sec. +44-21.   Other obligations not affected by tax. +ARTICLE III. +OCCUPATION TAXES. +Sec. +44-22.   Occupation tax levied. +Sec. +44-23.   Collection of tax and issuance of receipt generally. +Sec. +44-24.   Countersigning licenses; signing receipts. +Sec. +44-25.   Collector’s monthly reports; failure to collect tax or give receipt. +Sec. +44-26.   Levy and enforcement of payment. +Sec. +44-27.   Payment generally; receipt to constitute license. +Sec. +44-28.   Unlawful to pursue occupation without license; prosecution not to +affect civil remedy. +Sec. +44-29.   Exemption of eleemosynary institutions. +Sec. +44-30.   Transfer of license - Authority of licensee. +Sec. +44-31.   Same - Effect; only one transfer allowed. +Sec. +44-32.   Occupation tax on coin-operated machines. +Sec. +44-33.   Reserved. +ARTICLE IV. +BINGO GROSS RECEIPTS TAX. +Sec. +44-33.1.   Levy of tax; amount. +ARTICLE V. +HOTEL OCCUPANCY TAX. +Sec. +44-34.   Definitions. +Sec. +44-35.   Levy; amount; disposition of revenue. +Sec. +44-35.1   Exemptions and refunds. +Sec. +44-36.   Responsibility for collection, reporting, and payment of tax. +Sec. +44-37.   Reports; payments; fees. +Sec. +44-37.1.   Tax collection on purchase of a hotel. +Sec. +44-37.2.   Convenience charge for certain payments made by credit card. +Sec. +44-38.   Rules and regulations. +Sec. +44-39.   Penalties. +ARTICLE VI. +SHORT-TERM MOTOR VEHICLE RENTAL TAX. +Sec. +44-40.   Definitions. +Sec. +44-41.   Tax imposed. +Sec. +44-42.   Collection of tax. +Sec. +44-43.   Reports; payment to the city; fees; records. +Sec. +44-44.   Collection procedures on purchase of a motor vehicle rental business. +Sec. +44-45.   Use of revenue derived from imposition of tax. +Sec. +44-46.   Rules and regulations. +Sec. +44-47.   Penalties. +ARTICLE VII. +ADDITIONAL HOTEL OCCUPANCY TAX. +Sec. +44-48.   Definitions. +Sec. +44-49.   Levy of tax; amount; duration. +Sec. +44-50.   Use of tax revenue. +Sec. +44-51.   Exemptions and refunds. +Sec. +44-52.   Responsibility for collection, reporting, and payment of tax; +statement of tax purpose required. +Sec. +44-53.   Reports; payments; fees. +Sec. +44-54.   Tax collection on purchase of a hotel. +Sec. +44-55.   Rules and regulations. +Sec. +44-56.   Penalties. +ARTICLE VIII. +TAXATION OF TANGIBLE PERSONAL PROPERTY IN TRANSIT. +Sec. +44-57.   Taxation of tangible personal property in transit. +ARTICLE I. +IN GENERAL. +SEC. 44-1.   PERSONS REQUIRED TO RENDER; TIME FOR RENDITION. +   (a)   All persons shall, on or before the first day of April of each year, +furnish the assessor and collector of taxes of the city a full and complete +statement, list and schedule, verified by affidavit, of all real and personal +property situated in the city not otherwise exempt and all personal property +located elsewhere and subject to taxation in the city, owned, held or +controlled by them or in their possession as agent, bailee, warehouseman or +custodian on the first day of January next preceding and shall, in such +statement, list and schedule, state the name and address of the owner of such +property. +   (b)   The assessor and collector of taxes shall provide a form for the +rendition of income producing personal property. A person furnishing the +statement, list, and schedule of income producing personal property required in +Subsection (a) shall use the form provided by the assessor and collector of +taxes and shall state the market value of the property listed. +   (c)   For the purpose of this section “income producing personal property” +means tangible personal property used in the course of conducting a business. +   (d)   For the purpose of this section the market value of income producing +personal property shall be established using any method approved by the State +Property Tax Board in its current edition of the General Appraisal Manual. +(Ord. 16788) +SEC. 44-2.   FIRE INSURANCE COMPANIES. +   Each fire insurance company incorporated under the laws of this state or +legally authorized to do business in this state, whose property is under the +law subject to ad valorem taxation by the city, shall render for taxation by +the city all of its real estate as other real estate is rendered and all of the +personal property of such insurance company shall be valued as other personal +property is valued for assessment for taxation by the city in the following +manner. From the total valuation of its assets shall be deducted the legal +reserves required to be maintained by it under the laws of the state and from +the remainder shall be deducted the assessed value of all real estate owned by +the company and the capital stock of such company, except in case its surplus +should not equal 50 percent of its capital stock, then only 50 percent of its +capital stock shall be deducted, and the remainder of the valuation of its +total assets, after the deduction of the assessed value of its reserves, its +real estate and its capital stock, in whole or in part as herein provided, +shall be the assessed taxable value of its personal property. The surplus +provided for in this section shall be computed for the purpose of taxation +whether the same constitutes or is made up, in part or in whole, of exempt +securities under law, it being the purpose of this section to provide a method +for arriving at the proper assessment of such companies irrespective of the +character of property constituting the same. (Code 1941, Art. 148-2) +SEC. 44-3.   PENALTIES FOR FAILURE TO MAKE TIMELY AND CORRECT RENDITION OF +CERTAIN PROPERTY. +   (a)   A person who willfully fails to deliver a complete and accurate +rendition for all income producing personal property in the time and manner +required by Section +44-1, is guilty of a separate offense for each day after the first day of April +that the person fails to properly file the rendition. +   (b)   In addition to the penalty prescribed in Subsection (a), a person who +fails to deliver a complete and accurate rendition for all income producing +personal property in the time and manner required by Section +44-1, is liable to the city for a civil penalty as follows: +     ��(1)   $25 a day for each calendar day after April 1st and through April +15th that a person fails to deliver the rendition to the assessor and collector +of taxes; and +      (2)   $200 a day for each calendar day after April 15th and before July +1st that a person fails to deliver the rendition to the assessor and collector +of taxes; however, +      (3)   in no case shall the person be liable to the city for a civil +penalty that exceeds one-half the amount ultimately determined to be owed by +the person to the city in taxes on income producing personal property. +   (c)   A rendition form delivered by United States mail that is postmarked on +or before April 1st is considered to be delivered timely. For the purposes of +calculating the amount of civil penalties owed, a rendition form delivered by +the United States mail that is postmarked after April 1st is considered +delivered when received by the assessor and collector of taxes. +   (d)   The assessor and collector of taxes shall notify a person of the +amount owed to the city in civil penalties when tax bills are mailed. A person +who is liable for a civil penalty shall pay the amount owed when the taxes are +paid. If taxes are paid in more than one installment, the civil penalty must be +paid with the first installment. +   (e)   The assessor and collector of taxes shall notify the city attorney of +any unpaid civil penalty. The city attorney shall collect the penalty in a suit +on the city’s behalf. +   (f)   If the assessor and collector of taxes has reason to believe that +income producing personal property has been intentionally undervalued on a +rendition form, he shall refer the matter to the city attorney for appropriate +action. A person who submits an incomplete rendition form or a rendition form +on which the income producing property has been intentionally undervalued, is +liable for the civil penalty imposed in Subsection (b) until a complete and +accurate rendition is made in accordance with Section +44-1. (Ord. 16849) +SEC. 44-4.   PRORATING OF REAL PROPERTY TAXES - AUTHORITY. +   The assessor and collector of taxes of the city is hereby authorized, and it +is hereby made his duty, to prorate the taxes against tracts of land owned by +different owners, which have been taxed together as one tract, and apportion +the lien held by the city for such taxes on each of the several tracts +according to its proportion to the whole assessment. (Code 1941, Art. 149-1) +SEC. 44-5.   SAME - AT REQUEST OF OWNER; NOTICE TO OWNERS WHEN PRORATION MADE +ON INITIATIVE OF ASSESSOR AND COLLECTOR. +   The assessor and collector of taxes shall, upon the request of any owner of +any tract of land whose property has been assessed together with any other +tract of land, divide and apportion the lien to each of the tracts and prorate +the taxes to each, as prescribed by Section +44-4. If deemed necessary by the assessor and collector of taxes for the +enforcement of the taxes due the city, he may prorate the taxes and apportion +the lien, as prescribed by Section +44-4, without first being requested so to do by the owner or owners of the +tracts of land, but in such case he shall notify the owner or owners of such +tracts of land of his intention so to do, where the owners of the same are +known to him, by giving each of such owners or their agents notice in writing. +(Code 1941, Art. 149-2; Ord. 8144) +SEC. 44-6.   DUTY OF BUILDING INSPECTOR. +   For the purpose of assisting the assessor and collector of taxes in arriving +at a just and proper prorating of the assessment, the building inspector, upon +the request of the assessor and collector of taxes, shall render to him all +assistance and information in his office bearing upon the values of the +improvements on such property and other information had in connection +therewith. (Code 1941, Art. 149-4) +SEC. 44-7.   ASSESSMENT ROLLS TO SHOW NAME OF OWNER AND DESCRIPTION OF +PROPERTY. +   The tax assessment rolls of the city shall be so compiled that the same +shall exhibit a complete record of the name of the owner of each piece of +property listed and included upon the assessment rolls, so far as such owner +can be ascertained. If the property be real property the assessment roll shall +give the assessed value and an adequate description of each piece of property +upon the rolls and shall give the number of acres or portion of an acre or +number of lots and blocks or portions of such contained in or composing the +particular piece of property so listed, together with the value of any +improvements that may be located thereon. If the property be personal property +the rolls shall give a general description of the personal property owned, +according to its class or character, and the total value thereof shall be shown +by the assessment rolls. (Code 1941, Art. 149-6) +SEC. 44-8.   ASSESSMENT ROLLS TO SHOW TOTAL AMOUNT OF TAXES. +   The assessment rolls of the city shall exhibit opposite the property listed +for taxation the total amount of taxes assessed against such piece of property +so listed, but it shall not be necessary for the assessment roll to show what +proportionate amount of the total tax levied against any particular piece of +property is levied by virtue of the general ad valorem tax or several special +taxes assessed and levied under the authority of the city; that is to say, it +shall not be required or necessary that the city assessor shall extend upon the +tax assessment roll the amount of taxes levied and assessed against the +property by virtue of the general ad valorem tax, school tax, tax for interest +and sinking fund or any other partial or special tax of the city, which partial +or special taxes in the aggregate compose and constitute the total ad valorem +tax levy of the city. (Code 1941, Art. 149-7) +SEC. 44-9.   MANNER OF MAKING UP ORIGINAL TAX ASSESSMENT SHEETS NOT AFFECTED. +   Nothing in this chapter shall be construed to affect the manner and form of +making up the original tax assessment sheets by the city tax assessor. (Code +1941, Art. 149-9) +SEC. 44-10.   ASSESSMENT OF FRANCHISES, ETC. +   Every franchise, privilege, easement or right of an intangible or +incorporeal character, whether owned by an individual or corporation, shall be +rendered by the owner thereof or the agent of the owner and shall be assessed +for taxation separately and distinct from the real property and tangible or +corporeal personal property of the owner. The same shall in every case be +valued separately from the real property and tangible personal property of the +owner, and shall in every instance be carried as an item of separate and +distinct valuation upon the assessment sheets and tax rolls of the city. (Code +1941, Art. 149-11) +SEC. 44-11.   TAXES DUE ON ADJUDICATION OFBANKRUPTCY. +   When any person shall be adjudged bankrupt under the laws of the United +States, and when such person shall own any property within the city, real or +personal, which is subject to taxation by the city, such taxes for such year +shall thereupon immediately be and become due and payable to the city, from and +after such adjudication in bankruptcy. (Code 1941, Art. 149- 12) +SEC. 44-12.   ASSESSMENT, ETC., OF AD VALOREM TAXES IN CERTAIN CONTINGENCIES; +SUPPORT OF ADVALOREM BONDS DURING INTERIM PERIOD. +   During the interim period beginning January 1 and ending the following +September when the city passes its annual tax levy ordinance, for the purposes +stated in this section, there is levied an ad valorem tax, supported by a lien +as of January 1, as provided by the charter of the city and the state +constitution, for all municipal purposes, upon all taxable property, real, +personal and mixed, within the city, based upon current valuations and the same +rate which the city levied for those purposes for the preceding year. In the +event any such taxable property was not on the tax roll for the preceding year +but becomes subject to taxation as of January 1 for the then current calendar +year, the same tax at the same rate is levied, based upon the current +valuations of all other taxable property. +   Taxes at the rate and in the manner provided in this section are likewise +levied upon all taxable property that was not on the tax roll for the preceding +year by reason of not being in the jurisdiction of the city, or improvements +not in existence on January 1 of the next preceding year, or property that was +tax exempt by reason of public, charitable or religious order ownership and has +lost its tax exempt status prior to January 1 or thereafter loses such status +during the calendar year. +   All taxes heretofore levied and necessary to meet the city’s obligations in +connection with ad valorem tax supported bonds or so much thereof as may be +necessary are confirmed, and the levy shall be a continued levy so long as such +bonds or any additional bonds issued subsequent to the passage of this section +are outstanding. +   This section is enacted for the purpose of enabling the assessor of taxes on +request to furnish the amount of taxes to be due and owing for the current +calendar year beginning January 1 to the owner or purchaser of property subject +to taxation who may desire to prorate taxes in the event the property is sold +voluntarily, involuntarily or in the custody of the law, or becomes subject to +taxation after the first of the year by reason of losing its tax exempt status +during the current calendar year. +   The taxes levied and assessed in this section also shall likewise apply in +all cases where taxes become due and payable under the ordinances and charter +of the city and the state law at an earlier date than provided for by law, by +reason of special circumstances that may arise. +   The provisions of this section shall be in force and effect during the +interim period mentioned in this section; provided, such taxes are actually +paid prior to enactment of the tax levy ordinance and shall be operative only +during that interim period, and shall be superseded by that ordinance when +passed as to that particular year. This section shall have prospective +application and shall continue in full force and effect from year to year until +modified or repealed. (Code 1941, Art. 149-13; Ord. 9581) +SEC. 44-13.   DEDUCTION OF PENALTY AND INTEREST ACCRUING AFTER BANKRUPTCY. +   When taxes due to the city shall become due and payable by any person who +has been adjudged bankrupt under the laws of the United States, the assessor +and collector of taxes of the city is hereby authorized and directed to deduct +all penalties and interest accruing on such taxes from and after such +adjudication in bankruptcy and to accept in full satisfaction thereof all +taxes, penalties and interest due to the city at the date of such adjudication. +(Code 1941, Art. 149-14) +SEC. 44-14.   TAXES DUE UPON ASSIGNMENT FOR BENEFIT OF CREDITORS OR +RECEIVERSHIP. +   When any person shall make an assignment of his property for the benefit of +his creditors or where any person shall suffer, voluntarily or involuntarily or +procure or permit the appointment of a receiver or trustee to take charge of +his property and when such property shall be subject to taxation by the city +such taxes for that year shall thereupon immediately be and become due and +payable to the city from and after such assignment for the benefit of creditors +or such receivership or trusteeship, and shall be secured by the lien provided +by of the charter. (Ord. 8144) +SEC. 44-15.   COLLECTION OF TAXES UPON ASSIGNMENT FOR BENEFIT OF CREDITORS OR +RECEIVERSHIP. +   When any taxes shall become due and payable to the city under the provisions +of the preceding section, the assessor and collector of taxes of the city shall +be vested with full and complete authority and it shall be his duty to proceed +at once to determine the amount of such taxes and to collect such taxes +immediately upon the assignment for benefit of creditors or the appointment of +the receiver or trustee, and such taxes shall be collected under the authority +and in the manner provided by the charter of the city and the laws of the state +for the collection of taxes. (Ord. 8144) +SEC. 44-16.   SERVICE CHARGE FOR VERIFICATION OF TAXES ONREALPROPERTY. +   (a)   A person who requests city personnel to verify whether taxes have been +paid on particular property, shall pay a charge for this service to the +assessor and collector of taxes. The service charge is 80 cents on each item of +verification. When the assessor and collector of taxes issues a statement of +verification, it is a special accommodation to the affected parties and may be +subject to correction by the assessor and collector of taxes. +   (b)   In this section, a person means a mortgage, insurance, land title +guaranty or real estate entity, or an individual who requests five or more +items for verification. (Ord. Nos. 4456; 15220; 18411) +SEC. 44-17.   HISTORIC LANDMARK TAX EXEMPTIONS. +   Property tax exemptions for designated historic landmarks may be granted to +the owner of the property in accordance with the process established in the +Dallas Development Code. (Ord. Nos. 17653; 19455; 21874) +SEC. 44-17.1.   TAX CERTIFICATES. +   At the request of any person, the assessor and collector of taxes of the +city shall issue a certificate showing the amount of delinquent taxes, +penalties, and interest due on a property according to the city’s current tax +records. A fee of $10 shall be charged for each certificate issued. (Ord. Nos. +19680; 19963) +ARTICLE II. +TAX ON TELECOMMUNICATIONS SERVICES. +SEC. 44-18.   DEFINITIONS. +   In this article, TELECOMMUNICATIONS SERVICES has the meaning given that term +in Section 151.0103, Chapter 151 of the Tax Code of the State of Texas. (Ord. +19580) +SEC. 44-19.   LEVY OF TAX; AMOUNT. +   (a)   A tax is hereby levied on all telecommunications services sold within +the city. For purposes of this article, the sale of telecommunications services +is consummated at the location of the telephone or other telecommunications +device from which the call or other communication originates. If the point of +origin of the call or other communication cannot be determined, the sale is +consummated at the address to which the call or other communication is billed. +   (b)   The rate of the tax imposed by this article shall be the same as the +rate imposed by the city for all other local sales and use taxes authorized by +state law. (Ord. 19580) +SEC. 44-20.   REPEAL OF EXEMPTION. +   The application of the local sales and use tax exemption for the sale of +telecommunications services, provided by Section 4B(a), Article 1066c, Vernon’s +Texas Civil Statutes, is hereby repealed as authorized by Section 4B(b) of +Article 1066c. (Ord. 19580) +SEC. 44-21.   OTHER OBLIGATIONS NOT AFFECTED BY TAX. +   The tax imposed by this article shall not affect or offset any amounts +payable to the city by a provider of telecommunications services pursuant to +any license, franchise, ordinance, charter provision, or state or federal law. +(Ord. 19580) +ARTICLE III. +OCCUPATION TAXES. +SEC. 44-22.   OCCUPATION TAX LEVIED. +   There is hereby levied and assessed and shall be collected from every person +pursuing within the city any calling, occupation, profession, trade, vocation +or business upon which a license tax or occupation tax is levied under the laws +of the state, a license or occupation tax equal to one-half of such state tax, +unless specifically provided otherwise by city ordinance, the city charter, or +state law. (Ord. Nos. 8121; 28019) +SEC. 44-23.   COLLECTION OF TAX AND ISSUANCE OF RECEIPT GENERALLY. +   The assessor and collector of taxes of the city shall issue to each +applicant therefor, on payment of the proper fee, a receipt and license showing +the occupation paid for, the location where such occupation is to be conducted, +the amount paid, the date of payment and the time paid for, and he shall make +upon the stub or duplicate impression sheet thereof a correct statement of such +receipt. (Ord. 8121) +SEC. 44-24.   COUNTERSIGNING LICENSES; SIGNING RECEIPTS. +   Each occupation license shall be countersigned by the city manager and city +secretary, and the receipt for the payment of the license shall be signed by +the assessor and collector of taxes of the city or by his duly appointed +deputy. (Ord. Nos. 8121; 20073) +SEC. 44-25.   COLLECTOR’S MONTHLY REPORTS; FAILURE TO COLLECT TAX OR GIVE +RECEIPT. +   It shall be the duty of the assessor and collector of taxes to report +monthly the amount of occupation taxes collected, and if he shall knowingly +fail to collect or try to collect any occupation tax, or shall collect any +occupation tax without giving therefor a receipt as provided for in Section +44-23, reserving the proper stub, he shall be deemed guilty of malfeasance in +office and summarily dismissed therefrom. (Ord. 8121) +SEC. 44-26.   LEVY AND ENFORCEMENT OF PAYMENT. +   The assessor and collector of taxes shall have the right, and it shall be +his duty, to levy for all occupation taxes due, just as in the case of taxes +for personal property, and he shall pursue the same remedy and in addition +thereto it is made his imperative duty to file complaints against any and all +persons offending against this article. (Ord. 8121) +SEC. 44-27.   PAYMENT GENERALLY; RECEIPT TOCONSTITUTE LICENSE. +   All taxes provided for in this article, when not otherwise expressly +provided, must be paid for an entire year in advance before a license shall +issue. No license shall issue for a less period than 12 months except in cases +otherwise provided in this article. The receipt of the assessor and collector, +countersigned by the city manager and city secretary, shall constitute the +license, and these taxes are hereby made payable in currency or coin of the +United States. (Ord. 8121) +SEC. 44-28.   UNLAWFUL TO PURSUE OCCUPATION WITHOUT LICENSE; PROSECUTION NOT TO +AFFECT CIVIL REMEDY. +   (a)   Any person who shall pursue or follow any occupation, calling or +profession or do any act taxed by this article, or who shall represent as agent +any person, without first having paid the tax required by this article is +guilty of an offense. +   (b)   This section shall not be construed so as to affect any civil remedy +for the collection of such taxes. (Ord. Nos. 8121; 19963) +SEC. 44-29.   EXEMPTION OF ELEEMOSYNARY INSTITUTIONS. +   Associations organized for the promotion of art, science, charity or +benevolence shall be exempt from taxation, as shall all entertainments given by +citizens for charitable purposes, or for support or aid of any literary or +cemetery association. (Ord. 8121) +SEC. 44-30.   TRANSFER OF LICENSE - AUTHORITY OF LICENSEE. +   Any person who shall be the legal owner of any unexpired occupation license +issued in accordance with the provisions of this article is hereby authorized +to transfer the same on the books of the assessor and collector of taxes of the +city. (Ord. 8121) +SEC. 44-31.   SAME - EFFECT; ONLY ONE TRANSFER ALLOWED. +   The assignee or purchaser of any unexpired occupation license shall be +authorized to pursue such occupation under such unexpired license for and +during the unexpired term thereof; provided, that such purchaser or assignee +shall, before following such occupation, comply in all other respects with all +the terms and requirements of the provisions of this code or other ordinances +of the city provided for in the original application for such license; and +provided further, that nothing in this article shall be so construed as to +authorize two or more persons to follow the same occupation under the same +license at the same time; and provided further, that the purchaser of such +occupation license shall have the right to pursue the occupation named therein +or to transfer it to any other person, but under no circumstances shall such +occupation license be transferred more than one time. (Ord. 8121) +SEC. 44-32.   OCCUPATION TAX ON COIN- OPERATED MACHINES. +   (a)   In this section: +      (1)   COIN-OPERATED MACHINE has the meaning given that term in Section +2153.002 of the Texas Occupations Code, as amended. +      (2)   DIRECTOR means the director of the water utilities department of +the city, or the director’s authorized representative. +      (3)   OWNER means the owner of a coin- operated machine. +      (4)   SPECIAL COLLECTIONS DIVISION means the special collections division +of the water utilities department of the city. +      (5)   TAX means the local occupation tax imposed on coin-operated +machines under this section. +   (b)   Pursuant to Section 2153.451 of the Texas Occupations Code, as +amended, an annual occupation tax is imposed on each coin-operated machine that +an owner exhibits or displays, or permits to be exhibited or displayed, in the +city. The rate of the tax is one- fourth the rate of the tax imposed by the +state under Section 2153.401 of the Texas Occupations Code, as amended. All +exemptions that apply to the state occupation tax on coin-operated machines +under Chapter 2153 of the Texas Occupations Code, as amended, apply to the +local occupation tax imposed under this section. +   (c)   The special collections division of the water department shall issue a +tax permit sticker to an owner who pays the tax for a coin-operated machine. +The sticker must be securely attached to the machine in a manner that requires +continued application of steam and water to remove the sticker. +   (d)   If an owner fails to pay the tax on a coin- operated machine, the +director may seal or cause the sealing of the machine in a manner that prevents +the full operation of the machine. The director shall release or cause the +release of the sealed coin-operated machine after the tax on the machine and a +fee of $5 is paid to the special collections division. +   (e)   A person commits an offense if the person: +      (1)   removes a tax permit sticker from a coin- operated machine; +      (2)   exhibits or displays a coin-operated machine without a current tax +permit sticker attached; +      (3)   breaks a seal attached to a coin-operated machine; +      (4)   exhibits or displays a coin-operated machine with a broken seal; or +      (5)   removes from its location a coin-operated machine that has a broken +seal. +   (f)   It is a defense to prosecution under Subsection (e)(1) of this section +that the person was the owner or the owner’s authorized representative and +removed the sticker to replace it with a new one issued under this section. +   (g)   It is a defense to prosecution under Subsection (e) of this section +that the person was a city or state employee acting in the performance of +official duties. +   (h)   An offense under this section is punishable by a fine not to exceed +$500. (Ord. Nos. 8121; 28019) +SEC. 44-33.   RESERVED. +   (Repealed by Ord. 28019) +ARTICLE IV. +BINGO GROSS RECEIPTS TAX. +SEC. 44-33.1.   LEVY OF TAX; AMOUNT. +   (a)   There is hereby levied under the Bingo Enabling Act a gross receipts +tax on the conduct of bingo games within the city. The tax is equal to one +percent of the gross receipts collected from bingo games conducted within the +city. +   (b)   The tax does not apply to the gross receipts of bingo games conducted +within those portions of the city in which bingo has not been legalized by an +election. (Ord. 18029) +ARTICLE V. +HOTEL OCCUPANCY TAX. +SEC. 44-34.   DEFINITIONS. +   In this article: +      (1)   CONSIDERATION means the cost of a room in a hotel, and does not +include: +         (A)   the cost of any food served or personal services rendered to the +occupant not related to cleaning and readying the room or space for occupancy; +or +         (B)   any tax assessed by any other governmental agency for occupancy +of the room. +      (2)   CONVENTION CENTER COMPLEX means civic centers, civic center +buildings, auditoriums, exhibition halls, and coliseums that are owned by the +city or other governmental entity or that are managed in whole or part by the +city. The term includes parking areas or facilities that are for the parking or +storage of conveyances and that are located at or in the vicinity of other +convention center facilities. +      (3)   DIRECTOR means the director of the department designated by the +city manager to enforce and administer this article, or the director’s +designated representative. +      (4)   HOTEL means any building in which members of the public obtain +sleeping accommodations for consideration. The term includes a hotel, motel, +tourist home, tourist house, tourist court, lodging house, inn, rooming house, +or bed and breakfast. The term does not include: +         (A)   a hospital, sanitarium, or nursing home; or +         (B)   a dormitory or other housing facility owned or leased and +operated by an institution of higher education or a private or independent +institution of higher education, as those terms are defined by Section 61.003 +of the Texas Education Code, as amended, that is used by the institution for +the purpose of providing sleeping accommodations for persons engaged in an +educational program or activity at the institution. +      (5)   OCCUPANCY means the use or possession, or the right to the use or +possession, of any room in a hotel. +      (6)   OCCUPANT means any person who, for a consideration, uses, +possesses, or has a right to use or possess any room in a hotel under any +lease, concession, permit, right of access, license, contract, or agreement. +      (7)   TAX means the hotel occupancy tax levied in this article pursuant +to Chapter 351 of the Texas Tax Code , as amended. +      (8)   TOURIST means an individual who travels from the individual’s +residence to a different municipality, county, state, or country for pleasure, +recreation, education, or culture. +      (9)   VISITOR INFORMATION CENTER means a building or a portion of a +building used to distribute or disseminate information to tourists. (Ord. Nos. +12470; 17955; 20073; 22026; 23555) +SEC. 44-35.   LEVY; AMOUNT; DISPOSITION OF REVENUE. +   (a)   There is hereby levied a tax upon the occupant of any room that: +      (1)   is in a hotel; +      (2)   is ordinarily used for sleeping; and +      (3)   the cost of occupancy of which is $2 or more each day. +   (b)   The tax is equal to seven percent of the consideration paid by the +occupant of the room to the hotel. +   (c)   Disposition of revenues collected from the seven percent tax must be +as follows: +      (1)   4.718 percent must be paid prior to any other dispositions of +revenue to: +         (A)   the acquisition of sites for and the constructing, improving, +enlarging, equipping, repairing, operating, and maintaining of the convention +center complex or visitor centers, or both; or +         (B)   pledging payment of bonds as authorized by Chapter 1504 of the +Texas Government Code, as amended. +      (2)   2.037 percent in 2020; 1.932 percent in 2021; 1.757 percent in +2022; 1.582 percent in 2023; and 1.407 percent in 2024 to advertising and +conducting solicitations and promotional programs to attract tourists and +convention delegates or registrants to the city; +      (3)   0.245 percent in 2020; 0.35 percent in 2021; 0.525 percent in 2022; +0.7 percent in 2023; and 0.875 percent in 2024 to: +         (A)   the encouragement, promotion, improvement, and application of +the arts, including instrumental and vocal music, dance, drama, folk art, +creative writing, architecture, design and allied fields, painting, sculpture, +photography, graphic and craft arts, motion pictures, radio, television, tape +and sound recording, and other arts related to the presentation, performance, +execution, and exhibition of these major art forms; and +         (B)   historical restoration and preservation projects to encourage +tourists and convention delegates to visit preserved historic sites or museums: +            (1)   at or in the immediate vicinity of convention center +facilities or visitor information centers; or +            (2)   located elsewhere in the municipality or its vicinity that +would be frequented by tourists and convention delegates. +(Ord. Nos. 12470; 12572; 15555; 15684; 17955; 19631; 19997; 23555; 23915; +29880; 31554)   +SEC. 44-35.1.   EXEMPTIONS AND REFUNDS. +   (a)   A person described in Section 156.101 or Section 156.103(d) of the +Texas Tax Code, as amended, is exempt from the payment of the tax imposed under +this article. +   (b)   A governmental entity excepted from the tax imposed by Chapter 156 of +the Texas Tax Code, as amended, under Section 156.103(a)(1) or (a)(3) of that +chapter shall pay the tax imposed by this article, but is entitled to a refund +of the tax paid. +   (c)   A person described in Section 156.103(c) of the Texas Tax Code, as +amended, shall pay the tax imposed by this article, but the state governmental +entity with whom the person is associated is entitled to a refund of the tax +paid. +   (d)   To receive a refund of tax paid under this article, the governmental +entity entitled to the refund must file a refund claim with the director on a +form prescribed by the state comptroller and provided by the director. A +governmental entity may file a refund claim with the director only for each +calendar quarter for all reimbursements accrued during that quarter. (Ord. +23555) +SEC. 44-36.   RESPONSIBILITY FOR COLLECTION, REPORTING, AND PAYMENT OF TAX. +   Every person owning, operating, managing, or controlling any hotel shall +collect the tax for the city and report and pay the tax to the city in +accordance with all requirements and procedures set forth in this article. +(Ord. Nos. 12470; 17955; 23555) +SEC. 44-37.   REPORTS; PAYMENTS; FEES. +   (a)   On the 15th day of the month following each month in which a tax is +earned, every person required by this article to collect the tax shall file a +report with the director showing: +      (1)   the consideration paid for all occupancies in the preceding month; +      (2)   the amount of the tax collected on the occupancies; and +      (3)   any other information the director may reasonably require. +   (b)   Every person required by this article to collect the tax shall pay the +tax due on all occupancies in the preceding month to the director at the time +of filing the report required under Subsection (a) of this section. +   (c)   Every person collecting a tax under this article may deduct a one +percent collection fee from the gross amount of tax collected on all +occupancies in the preceding month if the tax is paid to and received by the +director no later than the 15th day of the month following the month in which +the tax is required to be collected. If the 15th day falls on a weekend or +holiday, the director must receive the tax by the next business day. If the tax +is paid by mail, the date of receipt by the director is the date postmarked by +the U. S. Postal Service. +   (d)   Each remittance of a tax required by this article must contain the +following statement and representation: +      The tax remitted and paid to the City of Dallas with this report was +collected pursuant to the requirements of +Article V, +Chapter 44, Dallas City Code, as amended. +(Ord. Nos. 12470; 17955; 23555) +SEC. 44-37.1.   TAX COLLECTION ON PURCHASE OF A HOTEL. +   (a)   If a person who is liable for the payment of a tax under this article +is the owner of the hotel and sells the hotel, the successor to the seller or +the seller’s assignee shall withhold an amount of the purchase price sufficient +to pay the tax due until the seller provides a receipt from the director +showing that the amount has been paid or a certificate stating that no tax is +due. +   (b)   The purchaser of a hotel who fails to withhold an amount of the +purchase price as required by this section is liable for the amount required to +be withheld to the extent of the value of the purchase price. +   (c)   The purchaser of a hotel may request that the director issue a +certificate stating that no tax is due or issue a statement of the amount +required to be paid before a certificate may be issued. The director shall +issue the certificate or statement not later than 60 days after receiving the +request. +   (d)   If the director fails to issue the certificate or statement within the +period provided by Subsection (c) of this section, the purchaser is released +from the obligation to withhold the purchase price or pay the amount due. (Ord. +Nos. 19388; 23555) +SEC. 44-37.2.   CONVENIENCE CHARGE FOR CERTAIN PAYMENTS MADE BY CREDIT CARD. +   (a)   Pursuant to Chapter 132 of the Texas Local Government Code, as +amended, the director shall collect a convenience fee charge in an amount equal +to the credit card processing fee charged to the city for all fees, taxes, and +payments included in this article, when the payment is made by credit card. +   (b)   The convenience fee charge collected under this section shall be +deposited in the fund of the city which recorded the associated credit card +processing fee. (Ord. 31332, eff. 10/1/19) +SEC. 44-38.   RULES AND REGULATIONS. +   The director shall have the power to make any rules and regulations +necessary to effectively collect the tax. The director shall, upon giving +reasonable notice, have access to all books and records necessary to enable him +to determine the correctness of any report filed as required by this article +and the amount of taxes due under this article. (Ord. Nos. 12470; 17955) +SEC. 44-39.   PENALTIES. +   (a)   A person commits an offense if he: +      (1)   fails to collect the tax imposed by this article; +      (2)   fails to file a report as required by this article; +      (3)   fails to pay the director the tax when payment is due; +      (4)   files a false report; or +      (5)   fails to comply with Section +44-37.1(a) when purchasing a hotel. +   (b)   An offense committed under Subsection (a) of this section is +punishable by a fine not to exceed $500. +   (c)   In addition to any criminal penalties imposed under Subsection (b) of +this section, a person failing to pay the tax to the director by the 25th day +of the month following the month in which the tax is required by this article +to be collected shall pay an amount equal to 15 percent of the tax due as a +penalty. Delinquent taxes draw interest at the rate of 10 percent per year +beginning 30 days from the date the tax is due to the director. +   (d)   In addition to the amount of any tax owed, a person is liable to the +city for all reasonable attorney’s fees incurred by the city in enforcing this +article against the person and in collecting any tax owed by the person under +this article. (Ord. Nos. 12470; 17955; 19388; 19963; 23555) +ARTICLE VI. +SHORT-TERM MOTOR VEHICLE RENTAL TAX. +SEC. 44-40.   DEFINITIONS. +   In this article: +      (1)   ACT means Chapter 334, Local Government Code, as amended. +      (2)   APPROVED VENUE PROJECT means the Dallas Sports Arena Project that +was approved by a majority of the voters voting at an election held in the city +on January 17, 1998, in accordance with the Act. +      (3)   CITY means the city of Dallas, Texas. +      (4)   DIRECTOR means the director of the department designated by the +city manager to enforce and administer this article, or the director’s +designated representative. +      (5)   GROSS RENTAL RECEIPTS means the value promised or received as +consideration to the owner of a motor vehicle for the rental of the motor +vehicle, but does not include: +         (A)   separately stated charges for insurance; +         (B)   charges for damages to the motor vehicle occurring during the +rental agreement period; +         (C)   separately stated charges for motor fuel sold by the owner of +the motor vehicle; or +         (D)   discounts. +      (6)   MOBILE OFFICE means a trailer designed to be used as an office, +sales outlet, or other workplace. +      (7)   MOTOR VEHICLE means a self-propelled vehicle designed principally +to transport persons or property on a public roadway and includes a passenger +car, van, station wagon, sports utility vehicle, and truck. The term does not +include: +         (A)   a trailer, semitrailer, house trailer, truck having a +manufacturer’s rating of more than one-half ton, or road-building machine; +         (B)   a device moved only by human power; +         (C)   a device used exclusively on stationary rails or tracks; +         (D)   a farm machine; or +         (E)   a mobile office. +      (8)   OWNER OF A MOTOR VEHICLE means a person who: +         (A)   is named in the certificate of title as the owner of a motor +vehicle; or +         (B)   has the exclusive use of a motor vehicle for the purpose of +renting it to another person. +      (9)   PERSON means any individual, partnership, trust, company, +corporation, association, or other entity. +      (10)   RENTAL means an oral or written agreement by the owner of a motor +vehicle that authorizes for not longer than 30 days the exclusive use of that +motor vehicle to another person for consideration, where the transfer of +possession of the motor vehicle occurs within the corporate limits of the city. +      (11)   VENUE PROJECT FUND means the “Arena Project Fund” created in +Resolution No. 98- 0749, adopted by the city council on February 25, 1998, as +it may be amended. (Ord. 23456) +SEC. 44-41.   TAX IMPOSED. +   (a)   There is hereby levied and imposed a tax at the rate of five percent +on the gross rental receipts from the rental of a motor vehicle, except that +the same exemptions provided in Chapter 152, Subchapter E, of the Texas Tax +Code apply to the tax imposed under this section. +   (b)   The tax imposed under this section must be collected on every rental +occurring on or after May 1, 1998, and must continue to be collected for so +long as any bonds or other obligations that are issued by the city before May +1, 1999 under Section 334.043 of the Act for the purpose of financing a portion +of the costs of the approved venue project, and any bonds refunding or +refinancing those bonds or other obligations, are outstanding and unpaid. (Ord. +23456) +SEC. 44-42.   COLLECTION OF TAX. +   (a)   Every owner of a motor vehicle who enters into a rental of a motor +vehicle with any other person shall collect the tax imposed by this article on +behalf of the city. +   (b)   The owner of a motor vehicle subject to the tax imposed by this +article shall add the tax to the rental charge. +   (c)   Each bill or other receipt for a rental subject to the tax imposed by +this article must contain a statement in a conspicuous location stating: +      The City of Dallas requires that an additional tax of five percent be +imposed on each motor vehicle rental for the purpose of financing a portion of +the costs of the Dallas Sports Arena Project approved by the voters of the city +on January 17, 1998. +   (d)   An attorney acting on behalf of the city may bring suit against any +person who fails to collect the tax imposed by this article and to pay it over +to the director as required by this article. (Ord. 23456) +SEC. 44-43.   REPORTS; PAYMENT TO THE CITY; FEES; RECORDS. +   (a)   On the 15th day of the month following each month in which a tax is +required to be collected under this article, the owner of a motor vehicle +required to collect the tax shall file a report with the director showing: +      (1)   the consideration paid for all rentals in the preceding month; +      (2)   the amount of the tax collected on the rentals; and +      (3)   any other information the director may reasonably require. +   (b)   Every owner of a motor vehicle required by this article to collect the +tax shall pay the tax due on all rentals in the preceding month to the director +at the time of filing the report required under Subsection (a) of this section. +   (c)   Every owner of a motor vehicle collecting a tax under this article may +deduct a one percent collection fee from the gross amount of tax collected on +all rentals in the preceding month if the tax is paid to and received by the +director no later than the 15th day of the month following the month in which +the taxes are required to be collected. If the 15th day falls on a weekend or +holiday, the director must receive the tax by the next business day. If the tax +is paid by mail, the date of receipt by the director is the date postmarked by +the U. S. Postal Service. +   (d)   The owner of a motor vehicle used for rental purposes shall keep for +four years records and supporting documents (except that mileage records are +not required) containing the following information: +      (1)    the amount of gross rental receipts received from the rental of +the motor vehicle; and +      (2)   the amount of tax imposed under this article and paid to the city +on each motor vehicle used for rental purposes by the owner. (Ord. 23456) +SEC. 44-44.   COLLECTION PROCEDURES ON PURCHASE OF A MOTOR VEHICLE RENTAL +BUSINESS. +   (a)   If the owner of a motor vehicle rental business that makes rentals +subject to the tax imposed under this article sells the business, the successor +to the seller or the seller’s assignee shall withhold an amount of the purchase +price sufficient to pay the amount of tax due until the seller provides a +receipt from the director showing that the amount has been paid or a +certificate showing that no amount is due. +   (b)   The purchaser of a motor vehicle rental business who fails to withhold +an amount of the purchase price as required by this section is liable for the +amount required to be withheld to the extent of the value of the purchase +price. +   (c)   The purchaser of a motor vehicle rental business may request that the +director issue a certificate stating that no tax is due or issue a statement of +the amount required to be paid before a certificate may be issued. The director +shall issue the certificate or statement not later than 60 days after receiving +the request. +   (d)   If the director fails to issue the certificate or statement within the +period provided by Subsection (c) of this section, the purchaser is released +from the obligation to withhold the purchase price or pay the amount due. (Ord. +23456) +SEC. 44-45.   USE OF REVENUE DERIVED FROM IMPOSITION OF TAX. +   The revenue derived from the tax imposed under this article must be +deposited in the Arena Tax Proceeds Account within the venue project fund. +Money in the account may be used only for the purposes specified in Resolution +No. 98-0749 that created the venue project fund, as it may be amended. (Ord. +23456) +SEC. 44-46.   RULES AND REGULATIONS. +   The director shall have the power to make any rules and regulations +necessary to effectively collect the tax. The director shall, upon giving +reasonable notice, have access to all books and records necessary to enable the +director to determine the correctness of any report filed as required by this +article and the amount of taxes due under this article. (Ord. 23456) +SEC. 44-47.   PENALTIES. +   (a)   An owner of a motor vehicle commits an offense if that person: +      (1)   fails to collect the tax imposed by this article; +      (2)   fails to file a report as required by this article; +      (3)   fails to pay the director the tax when payment is due; +      (4)   files a false report; +      (5)   fails to make and retain complete records as required by Section +44-43(d) of this article; or +      (6)   fails to comply with Section +44-44(a) when purchasing a motor vehicle rental business. +   (b)   An offense committed under Subsection (a) of this section is +punishable by a fine not to exceed $500, except that an offense committed under +Subsection (a)(5) of this section is punishable by a fine of not less than $25 +or more than $500. +   (c)   In addition to any criminal penalties imposed under Subsection (b) of +this section, the owner of a motor vehicle failing to pay the tax to the +director by the 25th day of the month following the month in which the tax is +required by this article to be collected shall pay an amount equal to 10 +percent of the tax due as a penalty. An additional penalty equal to 10 percent +of the tax due must be paid 30 days later if the tax is still not paid. The +penalties provided by this subsection may never be less than $5. Delinquent +taxes draw interest at the rate of 10 percent per year beginning 60 days after +the date the tax is due to the director. (Ord. 23456) +ARTICLE VII. +ADDITIONAL HOTEL OCCUPANCY TAX. +SEC. 44-48.   DEFINITIONS. +   In this article: +      (1)   ACT means Chapter 334, Local Government Code, as amended. +      (2)   APPROVED VENUE PROJECTS means the Convention Center Expansion Venue +Project and Fair Park Facilities Venue Project that were approved +by a majority of the voters voting at the election held in the city on November +8. 2022, in accordance with the Act. +      (3)   CITY means the city of Dallas, Texas. +      (4)   CONSIDERATION means the cost of a room in a hotel, and does not +include: +         (A)   the cost of any food served or personal services rendered to the +occupant not related to cleaning and readying the room or space for occupancy; +or +         (B)   any tax assessed by any other governmental agency for occupancy +of the room. +      (5)   DIRECTOR means the director of the department designated by the +city manager to enforce and administer this article, or the director's +designated representative. +      (6)   HOTEL means any building in which members of the public obtain +sleeping accommodations for consideration. The term includes a hotel, motel, +tourist home, tourist house, tourist court, lodging house, inn, rooming house, +or bed and breakfast. For the purposes of the imposition of the tax under this +chapter, "hotel" includes a "short term rental." The term does not include: +         (A)   a hospital, sanitarium, or nursing home; or +         (B)   a dormitory or other housing facility owned or leased and +operated by an institution of higher education or a private or independent +institution of higher education, as those terms are defined by Section 61.003 +of the Texas Education Code, as amended, that is used by the institution for +the purpose of providing sleeping accommodations for persons engaged in an +educational program or activity at the institution. +      (7)   OCCUPANCY means the use or possession, or the right to the use or +possession, of any room in a hotel. +      (8)   OCCUPANT means any person who, for a consideration, uses, +possesses, or has a right to use or possess any room in a hotel under any +lease, concession, permit, right of access, license, contract, or agreement. +      (9)   SHORT TERM RENTAL means the rental of all or part of a residential +property to a person who is not a permanent resident under Texas Tax Code +Section 156.101. +      (10)   TAX means the hotel occupancy tax levied in this article pursuant +to Chapter 334 of the Texas Local Government Code, as amended. +      (11)   VENUE PROJECTS FUND means the fund entitled the "Venue Projects +Fund," created in Resolution No. 22-1817, adopted by the city council on +December 14, 2022, as it may be amended. (Ord. Nos. 23555; 32363) +SEC. 44-49.   LEVY OF TAX; AMOUNT; DURATION. +   (a)   In addition to the hotel occupancy tax levied in Section +44-35 of this chapter, there is hereby levied a tax upon an occupant of any +room that: +      (1)   is in a hotel; +      (2)   is ordinarily used for sleeping; and +      (3)   the cost of occupancy of which is $2 or more each day. +   (b)   The tax is equal to two percent of the consideration paid by the +occupant of the room to the hotel. +   (c)   The tax imposed under this section must be collected on every +occupancy occurring on or after January 1. 2023, and must continue to be +collected for so long as any bonds or other obligations that are issued by the +city under Section 334.043 of the Act for the purpose of financing a portion of +the costs of the approved venue projects, and any bonds refunding or +refinancing those bonds or other obligations, are outstanding and unpaid. (Ord. +Nos. 23555; 32363) +SEC. 44-50.   USE OF TAX REVENUE. +   (a)   The revenue derived from the two percent tax imposed under this +article must be deposited in the 2% HOT Account within the Venue Projects Fund +established by Resolution No.22-1817. Money in this account may be used only +for the following purposes: +      (1)   to reimburse the city for prior expenditures made in connection +with, or to pay the costs of, planning, acquiring, establishing, developing, +constructing, or renovating the approved venue projects to the extent not +prohibited by any ordinance or indenture authorizing bonds or other obligations +payable from and secured by a pledge of the two percent tax imposed under this +article; +      (2)   to pay the principal of, interest on, and other costs relating to +bonds or other obligations issued by the city, or to refund bonds or other +obligations, that were issued for the purpose of providing the approved venue +projects; and +      (3)   such other uses as permitted by applicable law. +   (b)   For purposes of Subsection (a)(1) of this section, "costs" include, +but are not limited to, overhead, legal, and accounting expenses of the city. +(Ord. Nos. 23555; 32363) +SEC. 44-51.   EXEMPTIONS AND REFUNDS. +   (a)   A person described in Section 156.101 or Section 156.103(d) of the +Texas Tax Code, as amended, is exempt from the payment of the tax imposed under +this article. +   (b)   A governmental entity excepted from the tax imposed by Chapter 156 of +the Texas Tax Code, as amended, under Section 156.103(a)(1) or (a)(3) of that +chapter shall pay the tax imposed by this article, but is entitled to a refund +of the tax paid. +   (c)   A person described in Section 156.103(c) of the Texas Tax Code, as +amended, shall pay the tax imposed by this article, but the state governmental +entity with whom the person is associated is entitled to a refund of the tax +paid. +   (d)   To receive a refund of tax paid under this article, the governmental +entity entitled to the refund must file a refund claim with the director on a +form prescribed by the state comptroller and provided by the director. A +governmental entity may file a refund claim with the director only for each +calendar quarter for all reimbursements accrued during that quarter. (Ord. +23555) +SEC. 44-52.   RESPONSIBILITY FOR COLLECTION, REPORTING, AND PAYMENT OF TAX; +STATEMENT OF TAX PURPOSE REQUIRED. +   (a)   Every person owning, operating, managing, or controlling any hotel +shall collect the tax for the city and report and pay the tax to the city in +accordance with all requirements and procedures set forth in this article. +   (b)   Each bill or other receipt for a hotel charge subject to the tax +imposed by this article must contain a statement in a conspicuous location +stating: +      The City of Dallas requires that an additional tax of two percent be +imposed on each hotel charge for the purpose of financing venue projects, +consisting of the Convention Center Expansion Venue Project and Fair Park +Facilities Venue Project approved by the voters of the city on November 8, +2022. +(Ord. Nos. 23555; 32363) +SEC. 44-53.   REPORTS; PAYMENTS; FEES. +   (a)   On the 15th day of the month following each month in which a tax is +earned, every person required by this article to collect the tax shall file a +report with the director showing: +      (1)   the consideration paid for all occupancies in the preceding month; +      (2)   the amount of the tax collected on the occupancies; and +      (3)   any other information the director may reasonably require. +   (b)   Every person required by this article to collect the tax shall pay the +tax due on all occupancies in the preceding month to the director at the time +of filing the report required under Subsection (a) of this section. +   (c)   Every person collecting a tax under this article may deduct a one +percent collection fee from the gross amount of tax collected on all +occupancies in the preceding month if the tax is paid to and received by the +director no later than the 15th day of the month following the month in which +the tax is required to be collected. If the 15th day falls on a weekend or +holiday, the director must receive the tax by the next business day. If the tax +is paid by mail, the date of receipt by the director is the date postmarked by +the U. S. Postal Service. +   (d)   Each remittance of a tax required by this article must contain the +following statement and representation: +      The tax remitted and paid to the City of Dallas with this report was +collected pursuant to the requirements of +Article VII, +Chapter 44, Dallas City Code, as amended. +(Ord. 23555) +SEC. 44-54.   TAX COLLECTION ON PURCHASE OF A HOTEL. +   (a)   If a person who is liable for the payment of a tax under this article +is the owner of the hotel and sells the hotel, the successor to the seller or +the seller’s assignee shall withhold an amount of the purchase price sufficient +to pay the tax due until the seller provides a receipt from the director +showing that the amount has been paid or a certificate stating that no tax is +due. +   (b)   The purchaser of a hotel who fails to withhold an amount of the +purchase price as required by this section is liable for the amount required to +be withheld to the extent of the value of the purchase price. +   (c)   The purchaser of a hotel may request that the director issue a +certificate stating that no tax is due or issue a statement of the amount +required to be paid before a certificate may be issued. The director shall +issue the certificate or statement not later than 60 days after receiving the +request. +   (d)   If the director fails to issue the certificate or statement within the +period provided by Subsection (c) of this section, the purchaser is released +from the obligation to withhold the purchase price or pay the amount due. (Ord. +23555) +SEC. 44-55.   RULES AND REGULATIONS. +   The director shall have the power to make any rules and regulations +necessary to effectively collect the tax. The director shall, upon giving +reasonable notice, have access to all books and records necessary to enable the +director to determine the correctness of any report filed as required by this +article and the amount of taxes due under this article. (Ord. 23555) +SEC. 44-56.   PENALTIES. +   (a)   A person commits an offense if he: +      (1)   fails to collect the tax imposed by this article; +      (2)   fails to file a report as required by this article; +      (3)   fails to pay the director the tax when payment is due; +      (4)   files a false report; or +      (5)   fails to comply with Section +44-54(a) when purchasing a hotel. +   (b)   An offense committed under Subsection (a) of this section is +punishable by a fine not to exceed $500. +   (c)   In addition to any criminal penalties imposed under Subsection (b) of +this section, a person failing to pay the tax to the director by the 25th day +of the month following the month in which the tax is required by this article +to be collected shall pay an amount equal to 15 percent of the tax due as a +penalty. Delinquent taxes draw interest at the rate of 10 percent per year +beginning 30 days after the date the tax is due to the director. +   (d)   In addition to the amount of any tax owed, a person is liable to the +city for all reasonable attorney’s fees incurred by the city in enforcing this +article against the person and in collecting any tax owed by the person under +this article. (Ord. 23555) +ARTICLE VIII. +TAXATION OF TANGIBLE PERSONAL PROPERTY IN TRANSIT. +SEC. 44-57.   TAXATION OF TANGIBLE PERSONAL PROPERTY IN TRANSIT. +   (a)   The definitions set forth in Section 11.253 of the Texas Tax Code, as +amended, are hereby adopted and made a part of this article by reference. +   (b)   Tangible personal property located in the city and consisting of +goods-in-transit [which would otherwise be exempt from taxation under Section +11.253(b) of the Texas Tax Code, as amended, and Section 1-n(a), Article VIII +of the Texas Constitution, as amended] is subject to ad valorem taxation +pursuant to Sections 11.253(j) and 11.253(j-1) of the Texas Tax Code, as +amended, and Section 1-n(d), Article VIII of the Texas Constitution, as +amended. Such goods-in- transit will remain subject to ad valorem taxation +until the city council repeals this subsection or otherwise takes official +action to adopt the exemption prescribed by Section 11.253(b) of the Texas Tax +Code, as amended, and Section 1-n(a), Article VIII of the Texas Constitution, +as amended, for such goods-in-transit. +   (c)   Nothing in this article subjects to ad valorem taxation any tangible +personal property that is exempt from taxation under Section 11.251 of the +Texas Tax Code, as amended, under Section 1-j, Article VIII of the Texas +Constitution, as amended, or under another law. (Ord. Nos. 27026; 28512) +CHAPTER 45 +TEMPORARY INCLEMENT WEATHER SHELTER PROGRAM +ARTICLE I. +GENERAL PROVISIONS. +Sec. +45-1.   Purpose. +Sec. +45-2.   Definitions. +Sec. +45-3.   Authority and duties of the coordinator. +Sec. +45-4.   Operation of shelters generally. +Sec. +45-5.   Shelter space. +Sec. +45-6.   Chapter cumulative. +Sec. +45-7.   Exemption. +ARTICLE II. +TEMPORARY INCLEMENT WEATHER SHELTER PERMITS. +Sec. +45-8.   Application; issuance. +Sec. +45-9.   Operation plan. +Sec. +45-10.   Expenses. +Sec. +45-11.   Indemnification. +Sec. +45-12.   Emergency response notice. +Sec. +45-13.   Expiration; reapplication. +Sec. +45-14.   Permit denial or revocation. +Sec. +45-15.   Notice and appeal from denial or revocation of a temporary inclement +weather shelter permit. +ARTICLE I. +GENERAL PROVISIONS. +SEC. 45-1.   PURPOSE. +   The purpose of this chapter is to establish standards for the operation of +temporary shelters during times of inclement weather by entities that assure +compatibility of shelter activities with surrounding uses and provide a safe +place for individuals and families to obtain temporary shelter. (Ord. 31695) +SEC. 45-2.   DEFINITIONS. +   In this chapter, +      (1)   APPLICANT means a person or entity who submits a written +application to host or operate a temporary inclement weather shelter. +      (2)   INCLEMENT WEATHER means the following weather conditions: +         (A)   COLD WEATHER ADVISORY means an advisory issued: +            (1)   when the minimum nighttime temperature is forecasted by the +National Oceanic and Atmospheric Administration's National Weather Service to +be 36 degrees Fahrenheit or below at any point between 4:00 p.m. and 8:00 a.m. +(the next day); +            (2)   for any amount of freezing rain or ice; or +            (3)   for two or more inches of snow (alone or in combination with +sleet and freezing rain). +         (B)   HEAT WEATHER ADVISORY means an advisory issued when the minimum +nighttime temperature is forecasted by the National Oceanic and Atmospheric +Administration's National Weather Service to be 90 degrees Fahrenheit or higher +at any point between 10:00 p.m. and 8:00 a.m. (the next day). +      (3)   OPERATOR means a person or entity permitted by the city to operate +a temporary inclement weather shelter for a specified period. +      (4)   SHELTER PARTICIPANT means a homeless individual or family lodging +overnight at a shelter. +      (5)   TEMPORARY INCLEMENT WEATHER SHELTER or SHELTER means a facility +operating as a temporary inclement weather shelter as defined in Sections +51-4.217 and +51A-4.217 and in accordance with this chapter. +      (6)   TEMPORARY INCLEMENT WEATHER SHELTER COORDINATOR or COORDINATOR +means a city employee designated by the city manager to implement, administer, +and enforce this chapter or his or her designated representative. +      (7)   TEMPORARY INCLEMENT WEATHER SHELTER PERMIT means written approval +issued by the coordinator to operate a shelter. (Ord. 31695) +SEC. 45-3.   AUTHORITY AND DUTIES OF THE COORDINATOR. +   (a)   The coordinator shall implement and enforce this chapter and shall +discharge any duty necessary under or to affect the policy of this chapter. +   (b)   The coordinator may assist the applicant or operator in coordinating +applications for any required city-issued permit or license in addition to the +temporary inclement weather shelter permit. (Ord. 31695) +SEC. 45-4.   OPERATION OF SHELTERS GENERALLY. +   (a)   Shelters may only operate and host shelter participants during times +of cold weather advisory and heat weather advisory. +   (b)   Shelters must be operated in compliance with an approved operation +plan. +   (c)   Shelters' intake procedures must comply with +Chapter 46, "Unlawful Discriminatory Practices Relating to Sexual Orientation +and Gender Identity and Expression." (Ord. 31695) +SEC. 45-5.   SHELTER SPACE. +   (a)   Except as provided in this section, shelters must provide a minimum of +40 square feet of space per shelter participant. +   (b)   Each designated sleeping area must provide a walkway of four feet +between each row to provide emergency access. (Ord. 31695) +SEC. 45-6.   CHAPTER CUMULATIVE. +   The provisions of this chapter are cumulative of all city ordinances. +Building, electrical, food establishment, fire safety, and all other permits +and licenses required by ordinance or other law for specific activities to be +conducted in conjunction with or as part of a temporary inclement weather +shelter permit must be applied for separately, in accordance with the +applicable city ordinance or state or federal law. (Ord. 31695) +SEC. 45-7.   EXEMPTION. +   The provisions of this chapter do not apply to a shelter established as +disaster relief operated by the office of emergency management. (Ord. 31695) +ARTICLE II. +TEMPORARY INCLEMENT WEATHER SHELTER PERMITS. +SEC. 45-8.   APPLICATION; ISSUANCE. +   (a)   To obtain a temporary inclement weather shelter permit, an applicant +shall submit an application on a form provided for that purpose to the +coordinator. +   (b)   The application must contain the following information: +      (1)   Proof of a valid certificate of occupancy for a use allowed by the +Dallas Development Code. +      (2)   Project plans, including a site plan and floor plan, that +accurately depict the location of the shelter facility and areas to be used by +shelter participants. +      (3)   A proposed operation plan that complies with Section +45-9. +   (c)   Upon receipt of the completed temporary inclement weather shelter +permit application, the coordinator may request a building and fire inspection +to ensure required life safety systems and equipment are in working condition. +City departments and the coordinator may prescribe additional licenses, +permits, and authorizations required by other city ordinances or applicable +law, restrictions, regulations, safeguards, and other conditions necessary for +the safe and orderly operation of a shelter, to be incorporated into the +temporary inclement weather shelter permit before issuance. (Ord. 31695) +SEC. 45-9.   OPERATION PLAN. +   The operation of a shelter must comply with an operation plan approved by +the coordinator. The operation plan must include the following: +      (1)   A supportive services plan that describes supportive services, +programs, and case management services, if any, offered to shelter +participants. +      (2)   Infection control policies and plans that comply with the +guidelines of the Centers for Disease Control and Prevention. +      (3)   Reasonable accommodations made for shelter participants who are +deemed a vulnerable sub-population or require supportive equipment, such as a +wheelchair, lift equipment, or service animals. +      (4)   Staffing plan to support operations. (Ord. 31695) +SEC. 45-10.   EXPENSES. +   An operator shall pay any expenses incurred by the city associated with the +operation of a shelter, such as a fire watch or requests for security to be +provided by the city. (Ord. 31695) +SEC. 45-11.   INDEMNIFICATION. +    An applicant shall execute a written agreement to indemnify the city and +its officers and employees against all claims of injury or damage to persons or +property, whether public or private, arising out of the temporary inclement +weather shelter operation. (Ord. 31695) +SEC. 45-12.   EMERGENCY RESPONSE NOTICE. +   The coordinator shall notify the fire and police departments when a permit +has been issued for a shelter at least 36 hours prior to operation and shall +provide those departments with the approved site plan and floor plan. (Ord. +31695) +SEC. 45-13.   EXPIRATION; REAPPLICATION. +   A temporary inclement weather shelter permit expires two years after the +date of issuance. Applicants may file a new application to operate a temporary +inclement weather shelter for the next two-year period before the expiration of +the current period. (Ord. 31695) +SEC. 45-14.   PERMIT DENIAL OR REVOCATION. +   (a)   The coordinator shall deny or revoke a temporary inclement weather +shelter permit if: +      (1)   The applicant falsifies information on, or fails to properly +complete, the temporary inclement weather shelter application. +      (2)   The operator fails to maintain public order in or around the +shelter location. +      (3)   The fire or police department declares a structure or property a +serious threat to the public's health, safety, and welfare. +      (4)   The applicant or operator has had a temporary inclement weather +shelter permit revoked within the preceding 24 months or has committed two +violations of this chapter within the preceding 12 months. +      (5)   The operator fails to comply with or the shelter violates a city +ordinance or state or federal law. +      (6)   The operator fails to comply with +Chapter 46, "Unlawful Discriminatory Practices Relating to Sexual Orientation +and Gender Identity and Expression." +   (b)   Any violation of a city ordinance or state or federal law by shelter +participants while on shelter premises may be grounds for revocation of +shelter's temporary inclement weather permit. When considering whether to +revoke a temporary inclement weather shelter permit on these grounds, the +coordinator shall consider the severity of the violation and the frequency of +repeated violations. (Ord. 31695) +SEC. 45-15.   NOTICE AND APPEAL FROM DENIAL OR REVOCATION OF A TEMPORARY +INCLEMENT WEATHER SHELTER PERMIT. +   (a)   If the coordinator denies or revokes a permit, the coordinator shall +contact and send to the applicant or permit holder by certified mail, return +receipt requested, written notice of the denial or revocation and the right to +an appeal to the permit and license appeal board. +   (b)   An applicant or operator whose permit is denied or revoked by the +coordinator may file an appeal with the permit and license appeal board in +accordance with Section +2-96, "Appeals from Actions of Department Directors," of this code. +   (c)   The applicant or permit holder may reapply for a temporary inclement +weather shelter permit once conditions are met upon inspection by appropriate +city departments. (Ord. 31695) +CHAPTER 46 +UNLAWFUL DISCRIMINATORY PRACTICES RELATING TO +SEXUAL ORIENTATION AND GENDER IDENTITY AND EXPRESSION +ARTICLE I. +GENERAL. +Sec. +46-1.   Declaration of policy. +Sec. +46-2.   Administration. +Sec. +46-3.   Interpretation and effect. +Sec. +46-4.   Definitions. +Sec. +46-5.   Exceptions. +ARTICLE II. +UNLAWFUL DISCRIMINATORY PRACTICES. +Sec. +46-6.   Unlawful employment practices. +Sec. +46-6.1.   Unlawful public accommodation practices. +Sec. +46-7.   Unlawful housing practices. +Sec. +46-8.   Unlawful intimidation, retaliation, and coercion. +ARTICLE III. +ENFORCEMENT. +Sec. +46-9.   Procedures for filing complaints. +Sec. +46-10.   Investigation. +Sec. +46-11.   Conciliation. +Sec. +46-12.   Disposition of a complaint. +Sec. +46-13.   Offenses and penalties. +ARTICLE I. +GENERAL. +SEC. 46-1.   DECLARATION OF POLICY. +   (a)   It is the policy of the city of Dallas to bring about through fair, +orderly, and lawful procedures the opportunity for every person to obtain +employment, access to all places of public accommodation, and housing, without +regard to sexual orientation or gender identity and expression. The city of +Dallas is proud of the diversity of its employees, as reflected in Section 34- +35 of this Code, and is proud of the diversity of its citizens. The city +strongly encourages all entities within the city, including those who are +excepted from the requirements of this chapter, to recognize the rights of +every individual to work and earn wages through gainful employment, to obtain +and enjoy goods, services, facilities, privileges, advantages, and +accommodations in all places of public accommodation, and to obtain housing. +   (b)   The denial or deprivation of these rights because of a person's actual +or perceived sexual orientation or gender identity and expression is +detrimental to the health, safety, and welfare of the citizens of Dallas and is +within the power and responsibility of the city to prevent. (Ord. Nos. 24927; +29942) +SEC. 46-2.   ADMINISTRATION. +   The city manager is responsible for administering and implementing this +chapter. The city manager may delegate the authority to receive, investigate, +and conciliate complaints under this chapter to an administrator or other city +employees. (Ord. 24927) +SEC. 46-3.   INTERPRETATION AND EFFECT. +   This chapter does not create a private cause of action, nor does it create +any right or remedy that is the same or substantially equivalent to the +remedies provided under federal or state law. (Ord. 24927) +SEC. 46-4.   DEFINITIONS. +   (a)   In this chapter: +      (1)   ADMINISTRATOR means the person designated by the city manager to +receive, investigate, and conciliate complaints under this chapter and includes +the administrator's designated representatives. +      (2)   CITY means the city of Dallas, Texas. +      (3)   COMPLAINANT means a person, including the administrator, who files +a complaint under this chapter. +      (4)   CONCILIATION means the attempted resolution of issues raised in a +complaint filed under this chapter, or raised in the investigation of the +complaint, through informal negotiations involving the complainant, the +respondent, and the administrator. +      (5)   CONCILIATION AGREEMENT means a written agreement setting forth the +resolution of the issues in a conciliation. +      (6)   DISCRIMINATION means any direct or indirect exclusion, distinction, +segregation, limitation, refusal, denial, or other differentiation in the +treatment of a person or persons because of sexual orientation or gender +identity and expression. +      (7)   DWELLING means: +         (A)   any building, structure, or part of a building or structure that +is occupied as, or designed and intended for occupancy as, a residence for one +or more persons; and +         (B)   any vacant land that is offered for sale or lease for the +construction or location of any building, structure, or part of a building or +structure designed and intended for occupancy as a residence for one or more +persons. +      (8)   EMPLOYEE means any individual employed by an employer. The term +does not include an elected official. +      (9)   EMPLOYER means any person who has 15 or more employees for each +working day in each of 20 or more calendar weeks in the current or preceding +calendar year, and includes any agent of such a person. The term does not +include a bona fide private membership club (other than a labor organization) +that is exempt from taxation under Section 501(c) of the Internal Revenue Code +of 1954, as amended. +      (10)   EMPLOYMENT AGENCY means any person, and any agent of a person, who +regularly undertakes, with or without compensation, to procure: +         (A)   employees for an employer; or +         (B)   opportunities for a person to work for an employer. +      (11)   GENDER IDENTITY AND EXPRESSION means "gender identity and +expression" as defined in +Chapter 34 of the Dallas City Code. +      (12)   LABOR ORGANIZATION means a labor organization and any of its +agents, and includes: +         (A)   any organization, agency, or employee representation committee, +group, association, or plan in which employees participate and that exists for +the purpose, in whole or in part, of dealing with employers concerning +grievances, labor disputes, wages, rates of pay, hours, or other terms or +conditions of employment; and +         (B)   any conference, general committee, joint or system board, or +joint council so engaged that and Gender Identity and Expression is subordinate +to a national or international labor organization. +      (13)   PERSON means one or more individuals, corporations, partnerships, +associations, labor organizations, legal representatives, mutual companies, +joint stock companies, trusts, unincorporated organizations, trustees, trustees +in bankruptcy, receivers, fiduciaries, and other legal entities. +      (14)   PLACE OF PUBLIC ACCOMMODATION means any of the following +establishments if they are open to the general public and, for compensation, +offer any product, service, or facility to the general public: +         (A)   Any inn, hotel, motel, or other establishment that provides +lodging to transient guests, other than an establishment: +            (i)   located within a building that contains not more than five +rooms for rent or hire and that is actually occupied by the proprietor of the +establishment as a residence; or +            (ii)   in which the majority of the occupants are permanent +residents and maintain their fixed place of domicile in the establishment. +         (B)   Any restaurant, cafeteria, lunchroom, lunch counter, soda +fountain, or other facility principally engaged in selling food for consumption +on the premises, including, but not limited to, any such facility located on +the premises of a retail establishment or gasoline station. +         (C)   Any motion picture house, theater, concert hall, sports arena, +stadium, or other place of exhibition or entertainment. +         (D)   Any bar, tavern, pub, drinking establishment, or facility where +alcoholic beverages are served. +         (E)   Any retail or wholesale establishment selling any kind of goods +or services. +         (F)   Any public conveyance, including stations and terminals. +      (15)   RELIGION means all aspects of religious observance and practice, +as well as belief. +      (16)   RELIGIOUS ORGANIZATION means: +         (A)   a religious corporation, association, or society; or +         (B)   a school, college, university, or other educational institution +or institution of learning, if: +            (i)   the institution is, in whole or in substantial part, +controlled, managed, owned, or supported by a religion, religious corporation, +association, or society; or +            (ii)   the curriculum of the institution is directed toward the +propagation of a religion. +      (17)   RENT means to lease, sublease, let, or otherwise grant for a +consideration the right to occupy premises not owned by the occupant. +      (18)   RESPONDENT means a person identified in a complaint as having +committed an unlawful practice under this chapter. +      (19)   SEXUAL ORIENTATION means "sexual orientation" as defined in +Chapter 34 of the Dallas City Code. +      (20)   UNLAWFUL PRACTICE means a discriminatory act or practice relating +to employment, public accommodations, or housing that is prohibited under this +chapter. +   (b)   For purposes of this chapter, an individual's gender is determined +solely by that individual's own perception of their gender. (Ord. Nos. 24927; +29942) +SEC. 46-5.   EXCEPTIONS. +   This chapter does not apply to: +      (1)   a religious organization; +      (2)   the United States government, any of its departments or agencies, +or any corporation wholly owned by it; or +      (3)   the government of the State of Texas or any of its departments, +agencies, or political subdivisions. (Ord. 24927) +ARTICLE II. +UNLAWFUL DISCRIMINATORY PRACTICES. +SEC. 46-6.   UNLAWFUL EMPLOYMENT PRACTICES.  +   (a)   Employers. It is unlawful for an employer, because of sexual +orientation or gender identity and expression: +      (1)   to fail or refuse to hire, or to discharge, any person; +      (2)   to discriminate against any person with respect to compensation, +terms, conditions, or privileges of employment; or +      (3)   to limit, segregate, or classify employees or applicants for +employment in any way that would deprive or tend to deprive a person of +employment or employment opportunities, or that would otherwise adversely +affect a person's status as an employee. +   (b)   Employment agencies. It is unlawful for an employment agency: +      (1)   to fail or refuse to refer for employment, or to otherwise +discriminate against, any person because of sexual orientation or gender +identity and expression; or +      (2)   to classify or refer for employment any person on the basis of +sexual orientation or gender identity and expression. +   (c)   Labor organizations. It is unlawful for a labor organization: +      (1)   to exclude or expel from its membership, or to otherwise +discriminate against, any person because of sexual orientation or gender +identity and expression; +      (2)   to fail or refuse to refer for employment any person because of +sexual orientation or gender identity and expression; +      (3)   to limit, segregate, or classify its members or applicants for +membership in any way that would deprive or tend to deprive a person of +employment or employment opportunities, or that would otherwise adversely +affect a person's status as an employee or as an applicant for employment; or +      (4)   to cause or attempt to cause an employer to discriminate against a +person in violation of this chapter. +   (d)   Training programs. It is unlawful for an employer, a labor +organization, or a joint labor-management committee controlling apprenticeship +or other training or retraining (including on-the-job training programs) to +discriminate against any person because of sexual orientation or gender +identity and expression in the admission to, or employment in, any program +established to provide apprenticeship or other training. +   (e)   Notices and advertisements. +      (1)   It is unlawful for an employer to print or publish, or cause to be +printed or published, any notice or advertisement relating to employment by the +employer that indicates any preference, limitation, specification, or +discrimination based on sexual orientation or gender identity and expression. +      (2)   It is unlawful for an employment agency to print or publish, or +cause to be printed or published, any notice or advertisement relating to +membership in or any classification or referral for employment by the +employment agency that indicates any preference, limitation, specification, or +discrimination based on sexual orientation or gender identity and expression. +      (3)   It is unlawful for a joint labor-management committee controlling +apprenticeship or other training or retraining (including on-the-job training +programs) to print or publish, or cause to be printed or published, any notice +or advertisement relating to admission to, or employment in, any program +established to provide apprenticeship or other training by the joint labor- +management committee that indicates any preference, limitation, specification, +or discrimination based on sexual orientation or gender identity and +expression. +      (4)   Nothing in this subsection prohibits a notice or advertisement from +indicating a preference, limitation, specification, or discrimination based on +sexual orientation or gender identity and expression when sexual orientation or +gender identity and expression is a bona fide occupational qualification for +employment. +   (f)   Exception. This section does not apply to, and does not require, the +provision of employee benefits to a person for the benefit of the person's +domestic partner. (Ord. Nos. 24927; 29942) +SEC. 46-6.1.   UNLAWFUL PUBLIC ACCOMMODATION PRACTICES. +   (a)   Discrimination in public accommodations. It is unlawful for any owner, +proprietor, or lessee of any place of public accommodation, because of sexual +orientation or gender identity and expression: +      (1)   to directly or indirectly exclude, segregate, limit, refuse, or +deny to any person any of the accommodations, advantages, facilities, benefits, +privileges, services, or goods offered to the general public at that place; or +      (2)   to circulate, issue, display, post, mail, or otherwise publish a +statement, advertisement, or sign indicating that: +         (A)   a person will be denied accommodations, advantages, facilities, +benefits, privileges, services, or goods at that place; or +         (B)   the patronage or presence of a person at that place is +objectionable, unwelcome, unacceptable, undesirable, or unsolicited. +   (b)   Defenses. It is a defense to prosecution under this section that the +refusal to admit a person to a place of public accommodation or the expulsion +of a person from a place of public accommodation was required by law. +   (c)   Exceptions. This section does not apply to: +      (1)   a hotel, restaurant, bar, lounge, nightclub, cabaret, theater, +bowling alley, skating rink, or golf course when the accommodations, +advantages, facilities, and services are restricted to members of a club and +their guests; or +      (2)   any bona fide social, fraternal, educational, civic, political, or +religious organization, when the profits of the accommodations, advantages, +facilities, and services (above reasonable and necessary expenses) are solely +for the benefit of the organization. (Ord. Nos. 24927; 29942) +SEC. 46-7.   UNLAWFUL HOUSING PRACTICES.  +   (a)   Discrimination in the sale or rental of housing. +      (1)   It is unlawful for a person, because of sexual orientation or +gender identity and expression: +         (A)   to refuse to negotiate with a person for the sale or rental of a +dwelling or to otherwise deny or make unavailable a dwelling to a person; +         (B)   to refuse to sell or rent a dwelling to a person who has made a +bona fide offer for the dwelling; +         (C)   to discriminate against a person in the terms, conditions, or +privileges of the sale or rental of a dwelling or in the provision of services +or facilities in connection with the sale or rental of a dwelling; or +         (D)   to represent to a person that a dwelling is not available for +inspection, sale, or rental when the dwelling is in fact so available. +      (2)   It is unlawful for a person: +         (A)   to make, print, or publish, or cause to be made, printed, or +published, any notice, statement, or advertisement relating to the sale or +rental of a dwelling that indicates any preference, limitation, or +discrimination based on sexual orientation or gender identity and expression or +an intention to make any such preference, limitation, or discrimination; or +         (B)   for profit, to induce or attempt to induce a person to sell or +rent, or to not sell or rent, a dwelling by representations that a person or +persons of a particular sexual orientation or with a particular gender identity +or expression are present in or may enter into the neighborhood. +   (b)   Discrimination in housing financing. It is unlawful for any bank, +building and loan association, insurance company, or other person whose +business, in whole or in part, consists of the making of real estate +loans to, on the basis of sexual orientation or gender identity and expression: +      (1)   deny any person a loan or other financial assistance for the +purchase, construction, improvement, repair, or maintenance of a dwelling; or +      (2)   discriminate against any person in the fixing of the amount, +interest rate, duration, or other terms or conditions of a loan or other +financial assistance for the purchase, construction, improvement, repair, or +maintenance of a dwelling. +   (c)   Discrimination in providing brokerage services. It is unlawful for any +person, because of sexual orientation or gender identity and expression: +      (1)   to deny another person access to, membership in, or participation +in any multiple listing service, real estate brokers' organization, or other +service, organization, or facility relating to the business of selling or +renting dwellings; or +      (2)   to discriminate against another person in the terms or conditions +of access to, membership in, or participation in any multiple listing service, +real estate brokers' organization, or other service, organization, or facility +relating to the business of selling or renting dwellings. +   (d)   Exceptions. +      (1)   This section does not apply to the following: +         (A)   The sale or rental of any single-family dwelling, if the owner: +            (i)   does not own an interest in or title to more than three +single-family dwellings at one time, regardless of whether the dwellings are +located inside or outside of the city; +            (ii)   has resided in the dwelling within the 24-month period +preceding the sale or rental of the dwelling; and +            (iii)   does not use the services or facilities of any real estate +broker, agent, or salesman, or of any other person in the business of selling +or renting dwellings, in connection with the sale or rental of the dwelling. +         (B)   The rental of a dwelling that is occupied or intended to be +occupied by no more than four families living independently of each other, when +the owner actually maintains and occupies part of the dwelling as a residence. +         (C)   The rental of a dwelling by a private organization only to its +members, when the dwelling is owned, controlled, or managed by the organization +for other than a commercial purpose and the rental of the dwelling is +incidental to the organization's primary purpose. +   (e)   Nothing in this section prohibits conduct against a person because of +the person's conviction by a court of competent jurisdiction of the illegal +manufacture or distribution of a controlled substance under state or federal +law. (Ord. Nos. 24927; 29942) +SEC. 46-8.   UNLAWFUL INTIMIDATION, RETALIATION, AND COERCION. +   It is unlawful for any person to discriminate against, harass, threaten, +harm, damage, or otherwise penalize another person for opposing an unlawful +practice, for filing a complaint, or for testifying, assisting, or +participating in any manner in an investigation, proceeding, or hearing under +this chapter. (Ord. 24927) +ARTICLE III. +ENFORCEMENT.  +SEC. 46-9.   PROCEDURES FOR FILING COMPLAINTS. +   (a)   Any person who claims to have been injured by an unlawful practice may +file a complaint with the administrator. A complaint may also be filed by the +administrator if the administrator has reasonable cause to believe that a +person has committed an unlawful practice. A complaint must be filed within 180 +calendar  days after an alleged unlawful practice has occurred. +   (b)   A complaint must be in writing on a form provided by the +administrator, made under oath or affirmation, and contain the following +information: +      (1)   Name and address of the respondent. +      (2)   Name, address, and signature of the complainant. +      (3)   Date of occurrence of the alleged unlawful practice. +      (4)   Statement of the facts upon which the allegation of an unlawful +practice are based. +   (c)   Promptly after the filing of a complaint, the administrator shall, in +writing: +      (1)   notify the respondent named in the complaint that a complaint +alleging the commission of an unlawful practice has been filed against the +respondent; +      (2)   furnish a copy of the complaint to the respondent; and +      (3)   advise the respondent of the procedural rights and obligations of +the respondent, including the right to file a written, signed, and verified +informal answer to the complaint within 15 days after service of notice of the +complaint. +   (d)   Not later than the 15th day after service of the notice and copy of +the complaint, a respondent may file an answer to the complaint. The answer +must be in writing, made under oath or affirmation, and contain the following +information: +      (1)   Name, address, telephone number, and signature of the respondent or +the respondent’s attorney, if any. +      (2)   Concise statement of facts in response to the allegations in the +complaint, including facts of any defense or exception. (Ord. 24927) +SEC. 46-10.   INVESTIGATION. +   (a)   Upon the filing of a complaint, the administrator shall commence a +prompt and full investigation to determine the facts behind the complaint and +whether there is reasonable cause to believe an unlawful practice was +committed, except that no investigation may commence if, after personally +reviewing the allegations with the complainant, the administrator determines +that the complaint does not come within the scope of this chapter. Within 15 +days after determining that a particular complaint does not come within the +scope of this chapter, the administrator shall give the complainant a clear and +concise explanation of the reasons why it does not and take no further action +on the complaint. +   (b)   In connection with any investigation of a complaint filed under this +chapter, the administrator shall seek the voluntary cooperation of any person +to: +      (1)   obtain access to premises, records, documents, individuals, and any +other possible source of information; +      (2)   examine, record, and copy necessary materials; and +      (3)   take and record testimony or statements of any person reasonably +necessary for the furtherance of the investigation. +   (c)   The administrator may, at the administrator’s discretion or at the +request of the respondent or the complainant, request the city council to issue +a subpoena or subpoena duces tecum to compel the attendance of a witness or the +production of relevant materials or documents pursuant to its power under +Chapter III, Section 12 of the city charter. Violation of a subpoena issued +under this subsection is punishable by the same fines and penalties for +contempt as are authorized before the county court. (Ord. Nos. 24927; 29942) +SEC. 46-11.   CONCILIATION. +   (a)   During or after the investigation, but subsequent to the mailing of +the notice of the complaint to the respondent, the administrator shall, if it +appears that an unlawful practice has occurred, attempt to conciliate the +complaint. In conciliating a complaint, the administrator shall try to achieve +a just resolution and obtain assurances that the respondent will satisfactorily +remedy any violation of the complainant’s rights and take action to ensure the +elimination of both present and future unlawful practices in compliance with +this chapter. Nothing said or done during the course of conciliation may be +made public or be used as evidence in a subsequent proceeding under this +chapter, without the written consent of all persons concerned. +   (b)   A conciliation agreement executed under this section must be in +writing in a form approved by the city attorney and must be signed and verified +by the respondent and the complainant, subject to approval of the administrator +who shall indicate approval by signing the agreement. A conciliation agreement +is executed upon its signing and verification by all parties to the agreement. +   (c)   A party to an executed conciliation agreement may not be prosecuted in +municipal court for the unlawful practice identified in the agreement unless +the administrator determines that the agreement has been violated and notifies +the city attorney in writing of the violation. (Ord. 24927) +SEC. 46-12.   DISPOSITION OF A COMPLAINT. +   (a)   If, upon completion of an investigation of a complaint, the +administrator determines that an unlawful practice has occurred and is unable +to secure an acceptable conciliation agreement from the respondent, then the +administrator shall refer the case to the city attorney for prosecution in +municipal court. The administrator shall refer the entire file to the city +attorney, who shall, after such referral, determine whether to proceed with +prosecution of the complaint in municipal court. +   (b)   If the city attorney determines that reasonable cause exists that an +unlawful practice occurred and the facts are sufficient to warrant the +initiation of a criminal action in municipal court, then the city attorney +shall notify the administrator, who shall then provide written notification to +the complainant and the respondent that the complaint will be prosecuted in +municipal court. If the city attorney determines that there is no reasonable +cause that an unlawful practice occurred or that the facts are insufficient to +warrant the initiation of a criminal action in municipal court, the city +attorney shall notify the administrator, who shall then dismiss the complaint. +   (c)   The administrator may dismiss a complaint: +      (1)   during the investigation and prior to referral to the city attorney +when the administrator determines that: +         (A)   the complaint was not filed within the required time period; +         (B)   the location of the alleged unlawful practice is not within the +city’s jurisdiction; +         (C)   the alleged unlawful practice is not a violation of this +chapter; +         (D)   the complainant refuses to cooperate with the administrator in +the investigation of the complaint or enforcement of an executed conciliation +agreement; +         (E)   the complainant cannot be located after the administrator has +performed a reasonable search; or +         (F)   a conciliation agreement has been executed by the complainant +and respondent; or +      (2)   after receipt of a statement from the city attorney that there is +no reasonable cause that an unlawful practice occurred or that the facts are +insufficient to warrant the initiation of a criminal action in municipal court. +   (d)   The administrator shall, in writing, notify the complainant and the +respondent of the dismissal of a complaint and include a statement of the +reasons for the dismissal. (Ord. 24927) +SEC. 46-13.   OFFENSES AND PENALTIES. +   A person commits an offense if he intentionally or knowingly violates a +provision of this chapter or if he intentionally or knowingly obstructs or +prevents compliance with this chapter. An offense committed under this chapter +is punishable by a fine of not less than $200 or more than $500. (Ord. 24927) +CHAPTER 47 +TRAILERS, TRAILER PARKS AND TOURIST CAMPS +Sec. +47-1.   Definitions. +Sec. +47-2.   Purpose of chapter. +Sec. +47-3.   Scope of chapter. +Sec. +47-4.   Building permit - Required. +Sec. +47-5.   Same - Application. +Sec. +47-6.   Same - Building inspector to approve plans. +Sec. 47-7.   Reserved. +Sec. 47-8.   Reserved. +Sec. 47-9.   Reserved. +Sec. 47-10.   Reserved. +Sec. +47-11.   Location of court, camp or park. +Sec. +47-12.   Requirements for each unit plot generally. +Sec. +47-13.   Toilet buildings generally. +Sec. +47-14.   Unit plots occupied by independent trailers. +Sec. +47-15.   Sanitary facilities for dependent trailers. +Sec. +47-16.   Water supply. +Sec. +47-17.   Waste disposal. +Sec. +47-18.   Certificate of occupancy. +Sec. +47-19.   Parking house trailer in city. +Sec. +47-20.   Records to be kept - Inspection. +Sec. +47-21.   Same - Registration of guests. +Sec. +47-22.   Fire regulations. +Sec. +47-23.   One family to use one unit plot. +Sec. +47-24.   Utilities. +SEC. 47-1.   DEFINITIONS. +   In this chapter: +   (1)   COTTAGE UNIT means any fixed building or structure or part thereof +located in a tourist court, licensed tourist camp or house trailer park as +defined in this section and used as sleeping quarters or temporary dwelling by +one or more persons living together as one family. +   (2)   DEPENDENT HOUSE TRAILER means a trailer which does not have sewer and +water connections to accommodate a flush water closet, a tub or shower and a +lavatory or sink within the unit. +   (3)   DIRECTOR means the director of the department designated by the city +manager to enforce and administer this chapter, or the director’s authorized +representative. +   (4)   HOUSE TRAILER means a vehicle used or intended to be used as a +conveyance upon the public streets or highways, and duly licensed as such, and +shall include self-propelled and non-self-propelled vehicles so designed, +constructed, reconstructed or added to by means of accessories in such manner +as will permit the occupancy thereof as a temporary dwelling or sleeping place +for one or more persons, and having no foundation other than wheels, jacks or +skirtings so arranged as to be integral to or portable by the house trailer. +   (5)   HOUSE TRAILER PARK means a lot, tract or parcel of land used in whole +or in part and divided into unit plots for the parking of house trailers or +mobile homes which are used by persons for temporary or permanent dwelling +places. Where cottages and facilities for house trailers or mobile homes are +provided at one site, the whole shall also be known as a house trailer park. +   (6)   INDEPENDENT HOUSE TRAILER means a trailer which has approved sewer and +water connections to accommodate and containing a flush water closet and a tub +or shower and a lavatory or sink within the unit. +   (7)   MASTER METER means a meter used to measure for billing purposes +electric, gas and water consumption of a tourist court, tourist camp, or house +trailer park, including common areas, common facilities and unit plots. +   (8)   MOBILE HOME means a structure transportable in one or more sections, +which is eight body feet or more in width and is 32 body feet or more in +length, and which is built on a permanent chassis and designated to be used as +a dwelling with or without a permanent foundation when connected to the +required utilities, and includes the plumbing, heating, air conditioning, and +electrical systems contained therein. +   (9)   OWNER OR MANAGER means any person or society who has the control, +direction, maintenance or supervision of a tourist court, tourist camp or house +trailer park. Executors, administrators, guardians, conservators or trustees +shall also be regarded as owner. +   (10)   SUBMETERING means unit plot metering performed by the owner or +manager of the tourist court, tourist camp or house trailer park. +   (11)   TOURIST CAMP means a lot, tract, or parcel of land used in whole or +in part for the accommodation of transients by day or week, or for a longer +period of time with or without compensation and where parking facilities are +provided for automobiles and accommodations are provided where transients may +pitch their own tents, to be used for temporary dwellings. Where such +facilities are provided in connection with house trailers or cottage units at +one site, the whole shall be known as a tourist camp. +   (12)   TOURIST COURT means a lot, tract or parcel of land upon which one or +more cottages are located and maintained for the accommodation of transients by +the day or week, or for a longer period of time, with or without compensation. +   (13)   UNIT PLOT means an area of land for a cottage and parking space in a +tourist court, a tent and parking space in a tourist camp, or a house trailer +and parking space in a house trailer park. +   (14)   UTILITY COMPANY means the company or municipal service authorized to +provide electric, gas or water service. (Ord. Nos. 5424; 15147; 16130; 19312) +SEC. 47-2.   PURPOSE OF CHAPTER. +   The purpose and intent of this chapter is to: +   (a)   Provide certain minimum standards, provisions and requirements for +safe, sanitary, and suitable methods of construction and operation of house +trailer parks, tourist courts, and tourist camps. +   (b)   Assure that house trailer parks, tourist courts and tourist camps +shall not become a menace to public health, morals, safety or welfare. (Ord. +4720) +SEC. 47-3.   SCOPE OF CHAPTER. +   New buildings and structures and new additions to existing buildings and +structures hereafter constructed or erected in the city for or in conjunction +with tourist courts, tourist camps and house trailer parks shall conform to the +requirements of the Building Code and zoning regulations, and in addition, +shall conform to the requirements of this chapter. +   All tourist courts, tourist camps and house trailer parks now existing or +hereafter constructed or laid out within the city shall conform to or be made +to conform to the requirements of this chapter. (Ord. 4720) +SEC. 47-4.   BUILDING PERMIT - REQUIRED. +   No person shall erect or construct or proceed with the erection or +construction of any building or structure, nor add to, enlarge, move, improve, +alter, repair, convert, extend or demolish any building or structure or any +part thereof or install any plumbing, electrical or mechanical equipment as +part of a building or structure, or make any other improvement in any building +or structure or cause the same to be done within a tourist court, tourist camp +or house trailer park as defined in Section +47-1 without first obtaining a building permit therefor from the building +inspector. (Ord. 4720) +SEC. 47-5.   SAME - APPLICATION. +   Application for a building permit shall be filed with the building inspector +in writing on a form to be furnished for that purpose. (Ord. 5424) +SEC. 47-6.   SAME - BUILDING INSPECTOR TO APPROVE PLANS. +   Every application for a building permit shall be accompanied by two copies +of plans and specifications and a camp plan or site plot plan showing the unit +plots the tourist court, tourist camp or house trailer park will consist of, +together with the unit plots which will be set aside for exclusive use of +independent house trailers, the location of the proposed buildings to be +erected and all existing buildings, if any, on the property or premises. The +camp plan or site plot plan shall also clearly indicate all streets, roads, +drives, property lines, administrative buildings, toilet buildings, plumbing +connections for independent house trailers, accessory buildings and fences, +together with the necessary space for parking passenger vehicles. Before +proceeding with the actual work of constructing the tourist court, tourist camp +or house trailer park, the applicant shall have such plans approved by the +building inspector. +   Such plans shall be drawn to scale upon either substantial, clean, colorless +paper, or shall be good blueprints. All the essential parts shall be drawn to a +scale of not less than one-eighth inch to one foot. Plans and specifications +shall be of sufficient clarity to indicate the nature and character of the work +proposed. (Ord. 5424) +SECS. 47-7 THRU 47-10.   RESERVED. +   (Repealed by Ord. 15147) +SEC. 47-11.   LOCATION OF COURT, CAMP OR PARK. +   All land used as a tourist court, tourist camp or house trailer park shall +be located on a well-drained site of amply size and in an area zoned for such +use. (Ord. 4720) +SEC. 47-12.   REQUIREMENTS FOR EACH UNIT PLOT GENERALLY. +   A unit plot in a tourist court shall not contain more than one cottage unit, +but each cottage unit may have attached to it a roof or enclosure to provide +cover for one automotive vehicle. Each cottage unit shall have not less than +one bedroom space and each bedroom space shall be not less than nine feet by 12 +feet in size. Each cottage unit shall have hot and cold running water together +with one lavatory or one sink within the unit and shall have accessible thereto +in the same building one water closet and one tub or shower bath. Ceilings in +cottages shall be not less than eight feet high and each cottage room shall be +provided with light and ventilation by means of windows with an area of not +less than one-eighth of the floor area. Window and door openings shall be fully +screened with screen wire which shall be not less than 16 mesh per inch. Inside +walls and ceilings shall be covered with incombustible material, and, together +with floors and fixtures, shall be constructed in a manner that will minimize +the breeding and harboring of vermin. +   Heating and cooking facilities shall be provided with asbestos board or +metal backing or shields where required by the Fire Code. Each cottage unit +shall adjoin a road or driveway and shall not be closer to any other cottage +unit or building than 10 feet, unless satisfactory and acceptable fire +separations are constructed between units as required by the Building Code. +   Hotels, lodginghouses or administrative buildings when a part of a tourist +court, tourist camp, or house trailer park shall conform to the requirements of +the Building Code relating to the respective occupancy. +   Each unit plot for the accommodation of one house trailer and automotive +vehicle or for the accommodation of one tent and automotive vehicle shall be +not less than 900 square feet in size, which space shall be at least 25 feet +wide and shall adjoin a road or driveway. Each such unit plot shall be clearly +defined on the ground by proper permanent markers at each corner. The use of +tents or trailers provided by the management at a tourist camp or house trailer +park to create what is commonly called a tent city or trailer city is hereby +declared to be unlawful as it is the intent of this chapter to provide sanitary +and safe accommodations for persons who are considered transients to use tents +or trailers owned by themselves as temporary dwellings. +   Toilet buildings shall be provided at all tourist camps and house trailer +parks hereafter constructed or enlarged. All existing tourist courts, tourist +camps and house trailer parks in newly annexed areas not having upon annexation +the toilet facilities required by this chapter shall provide same within 24 +months after annexation. +   No cottage or tent shall be erected or placed closer than five feet from any +adjacent property line. House trailers shall be so harbored on each unit plot +that there shall be at least a 15 foot clearance between house trailers. No +house trailer shall be located closer than 10 feet from any property line +bounding the park. +   No building, structure, cottage, tent or house trailer shall be located +nearer a public street than the building line as provided in the zoning +ordinance for the use district in which the premises are located. In no case +shall such structures be set closer than 15 feet to the front property line be +closer than 10 feet from any side street property line. +   The premises shall be surrounded by a suitable fence which is constructed in +accordance with the Building Code and having openings only for necessary +entrance and exit facilities. +   Well-drained driveways which are passable with motor vehicles during +inclement weather shall be provided in each court or park. These driveways +shall not be less than 18 feet in width, and well marked in daytime, and +lighted at night, and so located that each unit of the court or park is easily +accessible. Lateral or branch driveways less than 50 feet in length may be not +less than 10 feet in width. +   All entrances and exits from the premises shall be well marked and shall be +located and so arranged that they are easily controlled and easily supervised. +(Ord. 5424) +SEC. 47-13.   TOILET BUILDINGS GENERALLY. +   Each tourist camp or house trailer park shall be provided with a toilet +building for each sex, each of which toilet buildings shall be located not more +than 200 feet from any unit plot. The toilet buildings shall be roofed and +shall be provided with light and ventilation by means of windows with an area +of not less than one-eighth of the floor area of the room which they serve. The +openings shall be screened with mesh not less than 16 per inch. The toilet +buildings shall be provided with artificial lights having an intensity of not +less than 10 foot candles which lights shall be kept burning all time at night. +The toilet buildings shall have floors and side walls to a height of six inches +of concrete or other impervious material. Each of such buildings shall have the +following facilities as a minimum: +   (a)   One slop sink. +   (b)   One floor drain. +   (c)   Hot and cold running water. +   (d)   One laundry tray for each 15 unit plots shall be provided in a +separate compartment from the water closets and lavatories. Automatic washing +machines may be substituted for each laundry tray required in excess of one. +   In addition to the above-mentioned facilities, the toilet building for males +shall contain the following minimum facilities based upon the number of unit +plots set aside for use by either tents or house trailers: +   (a)   One flush water closet for every 15 unit plots or fraction thereof. +   (b)   One urinal for every 15 unit plots or fraction thereof. +   (c)   One lavatory or wash basin for every 10 unit plots or fraction +thereof. +   (d)   One shower bath for every 10 unit plots or fraction thereof. +   Each toilet building for females shall have the following facilities based +on the unit plots set aside for use by either tents or house trailers: +   (a)   One flush water closet for every 10 unit plots or fraction thereof. +   (b)   One lavatory or wash basin for every 10 unit plots or fraction +thereof. +   (c)   One shower bath for every 10 unit plots or fraction thereof. +   All plumbing installation shall comply with the Plumbing Code, this Code and +other health ordinances of the city. (Ord. 5424) +SEC. 47-14.   UNIT PLOTS OCCUPIED BY INDEPENDENT TRAILERS. +   Unit plots occupied by independent trailers that have a minimum of one flush +water closet, one tub or shower, and one sink or lavatory integral within the +unit and connected to the public sewer through an approved sewer connection or +otherwise to an adequate septic tank constructed in accordance with the +requirements of the department of code compliance and provided with an ample +and adequate supply of water of safe, potable quality approved by the health +officer, and when such unit plot is set aside as provided in Section +47-5 for exclusive use of such trailer, the unit plot may be disregarded in the +counting of the unit plots for determining required sanitary facilities for the +purposes of this section. (Ord. Nos. 5424; 22026; 27697) +SEC. 47-15.   SANITARY FACILITIES FOR DEPENDENT TRAILERS. +   It is hereby declared to be unlawful to locate a dependent trailer upon a +unit plot unless the sanitary facilities as required in Section +47-13 are sufficient to accommodate such dependent trailer. (Ord. 5424) +SEC. 47-16.   WATER SUPPLY. +   Each site used as a tourist court, tourist camp or house trailer park shall +be supplied with water from city water lines if such line is within 150 feet of +the site. Otherwise, each site shall be provided with an ample and adequate +supply of water of safe, potable quality approved by the health officer. Water +supply faucets shall be located not more than 100 feet from any camping space. +Each cottage unit shall be supplied with running water. (Ord. 4720) +SEC. 47-17.   WASTE DISPOSAL. +   (a)   All waste water from tourist courts, tourist camps, and house trailer +parks must be wasted into a public sewer through an approved sewer connection +where within 150 feet of a public sewer, or otherwise to an adequate septic +tank constructed in accordance with the requirements of the department of code +compliance. +   (b)   All garbage must be placed into garbage cans with tops, and waste +paper must be placed in suitable containers. +   (c)   A person commits an offense if he permits garbage, waste water, or +material from sinks, showers, or other fixtures or utensils in house trailers +or tents to be disposed of on any street or premises or in any other manner +except as provided in this section. (Ord. Nos. 4720; 22026; 27697) +SEC. 47-18.   CERTIFICATE OF OCCUPANCY. +   No building, cottage or house trailer or tent site or other permanent +structure within the meaning and scope of this chapter shall be occupied in any +part thereof unless or until a certificate of occupancy for the respective +tourist court, tourist camp or house trailer park has been issued by the +building inspector. An application for the certificate of occupancy shall be +filed by the owner or by his agent with the building inspector who shall cause +an inspection to be made to determine whether the premises comply with the +requirements of this chapter. Upon the incorporation of any area to the city, +any person maintaining or operating a tourist court, tourist camp or house +trailer park in such area shall immediately make application as provided in +this section for a certificate of occupancy to continue the operation of such +tourist court, tourist camp or house trailer park. (Ord. 4720) +SEC. 47-19.   PARKING HOUSE TRAILER IN CITY. +   It shall be unlawful to park or place any house trailer being used for human +occupancy on any street, lot, tract or parcel of land in the city fora period +longer than four hours except in a licensed tourist camp or house trailer park, +as provided for in this chapter. (Ord. 4720) +SEC. 47-20.   RECORDS TO BE KEPT - INSPECTION. +   Each tourist court, tourist camp, or house trailer park must have on the +site an office in which copies of all records pertaining to the management and +supervision of the premises must be kept. Such records must always be available +for inspection by any member of the state and county law enforcement agencies, +the police department, the department of code compliance, the building +official, the fire marshal, and other agents of the city authorized to inspect. +(Ord. Nos. 4720; 22026; 27697) +SEC. 47-21.   SAME - REGISTRATION OF GUESTS. +   It shall be the duty of the owner of each tourist court, tourist camp or +house trailer park to keep a register of all persons furnished accommodations. +Such register shall include the names of all persons furnished accommodations, +the permanent home addresses, the license number and make of their automobiles +and trailers, and the duration of their stay. (Ord. 4720) +SEC. 47-22.   FIRE REGULATIONS. +   Campfires shall not be permitted. The use and handling of gasoline or +flammable liquids shall conform to the requirements of the Fire Code. An +adequate fire extinguisher shall be provided for each 10 unit plots or fraction +thereof. (Ord. 4720) +SEC. 47-23.   ONE FAMILY TO USE ONE UNIT PLOT. +   It shall be unlawful to use any unit plot for more than one family +concurrently. (Ord. 4720) +SEC. 47-24.   UTILITIES. +   (a)   If a tourist court, tourist camp, or house trailer park provides +utility service through a master meter, the master meter must be in the name of +the person to whom a certificate of occupancy is issued under this chapter. +   (b)   A tourist court or tourist camp may provide utility submeters to unit +plots. A house trailer park may provide submeters or individual metering by the +utility companies to unit plots. +   (c)   Where the owner or manager of a tourist court, tourist camp, or house +trailer park provides submeters to the unit plots, the submeter or submeters +shall comply with the standards of accuracy required by law for the master +meter. +   (d)   The owner or manager of a house trailer park that receives utility +service through a master meter shall bill tenants for the utility service in +accordance with one of the following methods: +      (1)   rent the unit plots on a ‘bills paid’ basis and collect for +utilities through the rent; +      (2)   charge separately for utility services and allocate the charges in +a fair and reasonable manner among all unit plots in the park occupied during +the billing period; or +      (3)   if submeters are used, charge to each occupied unit plot based on +its submeter reading an amount that does not exceed the residential rate for +that utility service then in effect in the city. +   (e)   A house trailer park is not required to bill all utility services +under the same method but may bill each utility under a different method. +   (f)   If a house trailer park charges separately for utility services and +allocates the charges as provided in Subsection (d)(2), then the owner or +manager of the house trailer park must comply with the following requirements: +      (1)   The house trailer park must allocate either by use of submeters or +based on the size of the house trailer or mobile home and the utility consuming +devices it contains. +      (2)   The house trailer park must apply the allocation to all unit plots +occupied by tenants during the billing period. +      (3)   The house trailer park may include in its allocation utilities +consumed in the common areas of the park related to the park operation, +including, but not limited to swimming pools, wash rooms, and outdoor lighting. +      (4)   The owner or manager of a house trailer park shall not charge to +its tenants an aggregate amount for a utility service that exceeds the amount +that the park is billed for that utility service. +      (5)   The owner or manager of a house trailer park that inadvertently +bills an overcollection shall adjust the collections to compensate the tenants +for that overcollection within 90 days from the date the overcollection was +billed. +   (g)   If a house trailer park charges separately for utility services based +on an amount not exceeding the current residential rate as provided in +Subsection (d)(3), then the owner or manager of the house trailer park must +provide the same services to its tenants that are required of retail utility +companies, including, but not limited to meter testing and investigation of +complaints. +   (h)   The director shall enforce this section and may by written order, +after a public hearing, establish such rules or regulations, not inconsistent +with this section, as he determines are necessary to effect the policy of this +section. +   (i)   The owner or manager of a house trailer park shall keep accurate +records that demonstrate compliance with this section and shall make the +records available to the director upon request. (Ord. Nos. 7772; 15147; 16130; +17226; 19312) +CHAPTER 47A +TRANSPORTATION FOR HIRE +ARTICLE I. +GENERAL PROVISIONS. +Sec. +47A-1.1.   Statement of policy. +Sec. +47A-1.2.   General authority and duty of director. +Sec. +47A-1.3.   Establishment of rules and regulations. +Sec. +47A-1.4.   Exclusions. +Sec. +47A-1.5.   Definitions. +Sec. +47A-1.6.   Permit fees. +ARTICLE II. +REGULATIONS APPLICABLE TO ALL TRANSPORTATION-FOR-HIRE SERVICES. +Division 1. Operating Authority Permit. +Sec. +47A-2.1.1.   Operating authority permit required. +Sec. +47A-2.1.2.   Application for operating authority permit. +Sec. +47A-2.1.3.   Changes to information in operating authority application. +Sec. +47A-2.1.4.   Expiration of operating authority permit. +Sec. +47A-2.1.5.   Suspension or revocation of operating authority. +Sec. +47A-2.1.6.   Zero-tolerance drug policy. +Sec. +47A-2.1.7.   Publicly remotely accessible data site. +Sec. +47A-2.1.8.   Transportation-for-hire service at Dallas Love Field Airport and +Dallas-Fort Worth International Airport. +Sec. +47A-2.1.9.   Nontransferability. +Division 2. Driver Permit. +Sec. +47A-2.2.1.   Driver permit required. +Sec. +47A-2.2.2.   Qualifications for driver permit. +Sec. +47A-2.2.3.   Application for driver permit. +Sec. +47A-2.2.4.   Investigation of application for driver permit. +Sec. +47A-2.2.5.   Approval or denial of driver permit. +Sec. +47A-2.2.6.   Changes to information in driver permit application. +Sec. +47A-2.2.7.   Duration of driver permit. +Sec. +47A-2.2.8.   Duplicate driver permit. +Sec. +47A-2.2.9.   Display of driver permit. +Sec. +47A-2.2.10.   Suspension or revocation of driver permit. +Sec. +47A-2.2.11.   Nontransferability. +Sec. +47A-2.2.12.   Driver regulations. +Division 3. Vehicle Permit. +Sec. +47A-2.3.1.   Vehicle permit required. +Sec. +47A-2.3.2.   Requirements for vehicle permit. +Sec. +47A-2.3.3.   Vehicle quality standards. +Sec. +47A-2.3.4.   Display of vehicle permit. +Sec. +47A-2.3.5.   Expiration of vehicle permit. +Division 4. Service Rules. +Sec. +47A-2.4.1.   No solicitation. +Sec. +47A-2.4.2.   Non-discrimination. +Sec. +47A-2.4.3.   City-wide service. +Sec. +47A-2.4.4.   Wheelchair accessibility. +Sec. +47A-2.4.5.   Direct and expeditious route. +Sec. +47A-2.4.6.   Payment by credit card. +Sec. +47A-2.4.7.   Reserved. +Sec. +47A-2.4.8.   Rates and fares. +Sec. +47A-2.4.9.   Additional requirements for hailable vehicles. +Sec. +47A-2.4.10.   Gouging prohibited. +Sec. +47A-2.4.11.   Reserved. +Sec. +47A-2.4.12.   Solicitation of passengers by business establishments. +Sec. +47A-2.4.13.   Driver availability log. +Division 5. Insurance. +Sec. +47A-2.5.1.   Insurance policy requirements and prohibitions. +Sec. +47A-2.5.2.   Minimum insurance limits. +ARTICLE III. +REGULATIONS SPECIFIC TO NON-MOTORIZED PASSENGER TRANSPORT VEHICLES. +Sec. +47A-3.1.   Route. +Sec. +47A-3.2.   Requirements for horses in service. +Sec. +47A-3.3.   Required equipment. +Sec. +47A-3.4.   Application for operating authority. +ARTICLE IV. +ENFORCEMENT. +Sec. +47A-4.1.   Responsibility for enforcement. +Sec. +47A-4.2.   Removal of evidence of authorization. +Sec. +47A-4.3.   Towing and impounding. +Sec. +47A-4.4.   Correction order. +Sec. +47A-4.5.   Service of notice. +Sec. +47A-4.6.   Appeal of correction order. +Sec. +47A-4.7.   Criminal offenses. +ARTICLE I. +GENERAL PROVISIONS. +SEC. 47A-1.1.   STATEMENT OF POLICY. +   It is the policy of the city of Dallas to promote safety and quality in +transportation-for-hire services in the city. The purpose of these regulations +is to: +      (1)   protect the public health and safety; +      (2)   promote the public convenience and necessity; +      (3)   ensure that transportation-for-hire is a viable component of the +public transportation system; +      (4)   ensure public safety and consumer protection by regulating +transportation-for-hire operating authorities, drivers, and vehicles; +      (5)   allow different modes of transportation- for-hire to compete +directly with each other; and +      (6)   allow consumers to select the type of transportation-for-hire they +prefer to use. (Ord. 29596) +SEC. 47A-1.2.   GENERAL AUTHORITY AND DUTY OF DIRECTOR. +   The director shall implement and enforce this chapter and may by written +order establish such rules or regulations, not inconsistent with this chapter +or state or federal law, as he determines are necessary to discharge his duty +under, or to effect the policy of this chapter. (Ord. 29596, eff. 4/30/15) +SEC. 47A-1.3.   ESTABLISHMENT OF RULES AND REGULATIONS. +   (a)   Before adopting, amending, or abolishing a rule, the director shall +hold a public hearing on the proposal. +   (b)   The director shall fix the time and place of the hearing and, in +addition to notice required under the Open Meetings Act (Chapter 551, Texas +Government Code), as amended, shall notify each operating authority and such +other persons as the director determines are interested in the subject matter +of the hearing. +   (c)   After the public hearing, the director shall notify the holders of +permits issued under this section and other interested persons of the +director’s action and shall post an order adopting, amending, or abolishing a +rule on the official bulletin board in the city hall for a period of not fewer +than 10 days. The order becomes effective immediately upon expiration of the +posting period. (Ord. 29596) +SEC. 47A-1.4.   EXCLUSIONS. +   This chapter does not apply to: +      (1)   a vehicle operating as a Dallas Area Rapid Transit ("DART") +vehicle; +      (2)   courtesy vehicles; +      (3)   carpooling; +      (4)   the transportation of a person by a transportation-for-hire vehicle +licensed by another governmental entity from a point outside the city to a +destination inside the city, if the transportation-for-hire vehicle leaves the +city without receiving a passenger inside the city; +      (5)   a motor vehicle used to transport persons for hire that is +regulated by another chapter of this code, such as ambulances regulated under +Chapter 15D, "Emergency Vehicles"; or +      (6)   a bus or shuttle vehicle that is: +         (A)   operated for a funeral home in the performance of funeral +services; +         (B)   provided by an employer or employee association for use in +transporting employees between the employees' homes and the employer's place of +business or between workstations, with the employees reimbursing the employer +or employee association in an amount calculated only to offset the reasonable +expenses of operating the vehicle; +         (C)   owned and operated by the federal or state government, by a +political subdivision of the state, or by a person under contract with the city +for operation of the vehicle; +         (D)   used to transport children to or from school if only a fee +calculated to reasonably cover expenses is charged; +         (E)   regulated by Texas Department of Transportation (TXDOT) or the +Federal Motor Carrier Safety Administration (FMCSA); +         (F)   owned by a nonprofit organization and carrying only passengers +associated with that organization, if no compensation is received from any +other person for carrying the passengers; or +         (G)   operated under authority granted by the Surface Transportation +Board. (Ord. Nos. 29596; 30180) +SEC. 47A-1.5.   DEFINITIONS. +   The definition of a term in this section applies to each grammatical +variation of the term. In this chapter, unless the context requires a different +definition: +      (1)   BUS means a motor vehicle that has a manufacturer's rated seating +capacity of more than 15 passengers. +      (2)   CARPOOLING means any voluntary sharing of transportation without +compensation. +      (3)   COMPENSATION means any money, service, or other thing of value that +is received, or is to be received, in return for transportation-for-hire +services. +      (4)   CONTINGENT PRIMARY LIABILITY COVERAGE means a liability insurance +policy that will act as a primary liability policy in the event that no other +applicable primary liability policy exists or a policy exists but denies +coverage. +      (5)   COURTESY VEHICLE means a vehicle that is not for hire, is not used +to transport passengers for compensation, and is operated by or for a business +that provides free transportation to customers as an accessory to the main +business activity. +      (6)   DEPARTMENT means the department designated by the city manager to +enforce and administer this chapter. +      (7)   DIRECTOR means the director of the department designated by the +city manager to enforce and administer this chapter and includes +representatives, agents, or department employees designated by the director. +      (8)   DISPATCH means any communication system that conveys passenger ride +requests to drivers. +      (9)   DRIVE means to control the physical movements of a transportation- +for-hire vehicle. +      (10)   DRIVER means an individual who drives or otherwise controls the +physical movements of a transportation-for-hire vehicle. +      (11)   DRIVER PERMIT means the permit required by this chapter to drive a +transportation-for-hire vehicle. +      (12)   HAILABLE VEHICLE means a transportation-for-hire vehicle that can +be immediately summoned by a passenger without the use of dispatch, and that +meets the requirements in Section +47A-2.4.9. +      (13)   HORSE means any member of the species Equus Caballus. +      (14)   HORSE-DRAWN CARRIAGE means a non-motorized vehicle designed to +carry passengers while being pulled by one or more horses. +      (15)   METER means a device that measures the time and distance of a +trip. +      (16)   NON-MOTORIZED PASSENGER TRANSPORT VEHICLE means a horse-drawn +carriage or a pedicab. +      (17)   OPERATING AUTHORITY means a person who is granted operating +authority under this chapter to provide transportation-for-hire services. +      (18)   OPERATING AUTHORITY PERMIT means the permit required by this +chapter to provide transportation-for-hire services. +      (19)   PEDICAB means a non-motorized vehicle with three or more wheels +propelled by human power or human-assisted power with seating for one or more +passengers. +      (20)   PERSON means an individual; corporation; government or +governmental subdivision; or agency, trust, partnership, or two or more persons +having a joint or common economic interest. +      (21)   PUBLICLY REMOTELY ACCESSIBLE DATA SITE means a website, digital +platform, or mobile application ("app") that provides content in a manner that +is accessible to the public through a network. +      (22)   SHUTTLE VEHICLE means a van-type motor vehicle that has a +manufacturer's rated seating capacity of not less than seven passengers and not +more than 15 passengers. +      (23)    TRANSPORTATION-FOR-HIRE SERVICE means the business of offering or +providing transportation of persons for compensation. The term does not include +a transportation network company as defined in Section 2402.001(5) of the Texas +Occupations Code, as amended. +      (24)    TRANSPORTATION-FOR-HIRE VEHICLE means any vehicle used to offer +or provide transportation-for-hire services. +      (25)   VEHICLE PERMIT means the permit required by this chapter for a +vehicle to operate as a transportation-for-hire vehicle. +      (26)   WHEELCHAIR ACCESSIBLE VEHICLE means a vehicle designed or modified +to transport passengers in wheelchairs or other mobility devices and conforming +to the requirements of the Americans with Disabilities Act (ADA), as amended. +(Ord. Nos. 29596; 31689; 32180) +SEC. 47A-1.6.   PERMIT FEES. +   (a)   The non-refundable fee for an operating authority permit is $278 per +year for transportation-for-hire service provided by non- motorized passenger +transport vehicles; and the non-refundable fee for an operating authority +permit per year for transportation-for-hire service provided by all other +transport vehicles are indicated in the fee schedule below. +  +Number of vehicles in a transportation-for-hire service fleet Annual Fee +1 to 5 vehicles $475.00 +6 to 10 vehicles $675.00 +11 or more vehicles $875.00 +  +   (b)   The non-refundable fee for a transportation-for-hire vehicle permit is +$77 per vehicle permit per year for non-motorized passenger transport vehicles, +and $30 per vehicle permit per year or any portion thereof, for all other +transportation-for-hire vehicles. +   (c)   The non-refundable fee for a driver permit is $76 per year. +   (d)   The fee to reinstate a suspended operating authority or driver permit +is $100. (Ord. 29596; 29706; 30180; 31689; 32180) +ARTICLE II. +REGULATIONS APPLICABLE TO ALL TRANSPORTATION-FOR-HIRE SERVICES. +DIVISION 1. +OPERATING AUTHORITY PERMIT. +SEC. 47A-2.1.1.   OPERATING AUTHORITY PERMIT REQUIRED. +   (a)   A person may not operate a transportation-for-hire service inside the +city without operating authority granted under this chapter. +   (b)   A person may not transport a passenger for hire inside the city unless +the person driving the transportation-for-hire vehicle or another who employs +or contracts with the driver has been granted operating authority under this +chapter. (Ord. 29596) +SEC. 47A-2.1.2.   APPLICATION FOR OPERATING AUTHORITY PERMIT. +   (a)   To obtain an operating authority permit, a person shall make +application in the manner prescribed by the director. The applicant must be the +person who will own, control, or operate the proposed transportation-for-hire +company. +   (b)   An applicant shall file with the director a verified application +statement, accompanied by a non-refundable application fee of $125, containing +the following: +      (1)   the form of business of the applicant and, if the business is a +corporation or association, a copy of the documents establishing the business +and the name and address of each person with a 20 percent or greater ownership +interest in the business; +      (2)   the verified signature of the applicant; +      (3)   the address of the fixed facilities to be used in the operation, if +any, and the address of the applicant's corporate headquarters, if different +from the address of the fixed facilities; +      (4)   the name of the person designated by the applicant to receive on +behalf of the operating authority any future notices sent by the City to the +operating authority, and that person's contact information, including a mailing +address, telephone number, and email or other electronic address; +      (5)   a method for the director to immediately verify whether a driver or +vehicle are currently operating under that operating authority or were +operating under that operating authority within the past 90 days; +      (6)   documentary evidence from an insurance company listed as an +authorized auto liability lines carrier on the Texas Department of Insurance's +List of Authorized Insurance Companies or a surplus lines insurer listed on the +Texas Department of Insurance's list of Eligible Surplus Lines Insurance +Companies, indicating that such insurance company has bound itself to provide +the applicant with the liability insurance required by this chapter; +      (7)   documentary evidence of payment of ad valorem taxes on the local +property, if any, to be used in connection with the operation of the proposed +transportation-for-hire company; and +      (8)   a copy of the company's zero-tolerance policy for intoxicating +substances. (Ord. Nos. 29596; 29706; 30180; 31689; 32180) +SEC. 47A-2.1.3.   CHANGES TO INFORMATION IN OPERATING AUTHORITY APPLICATION. +   Any changes to the information provided in the operating authority permit +application must be reported to the director, in the manner prescribed by the +director, within 10 days of the change. (Ord. 29596) +SEC. 47A-2.1.4.   EXPIRATION OF OPERATING AUTHORITY PERMIT. +An operating authority permit expires one year from the date it is issued. +(Ord. 29596) +SEC. 47A-2.1.5.   SUSPENSION OR REVOCATION OF OPERATING AUTHORITY. +   (a)   Suspension. The following regulations apply to the suspension of a +temporary or annual operating authority permit: +      (1)   The director may suspend an operating authority permit if the +director determines that the operating authority permit holder failed to comply +with a correction order issued to the holder by the director within the time +specified in the order. +      (2)   Suspension of an operating authority permit does not affect the +expiration date of the permit. +   (b)   Revocation. The following regulations apply to the revocation of a +temporary or annual operating authority permit: +      (1)   The director shall revoke operating authority if the director +determines that the operating authority permit holder has: +         (A)    made a false statement as to a material matter in the +application concerning the operating authority; or +         (B)    failed to maintain the insurance required by this chapter. +      (2)    After revocation of an operating authority permit, an operating +authority permit holder is not eligible for another permit for a period of up +to two years, depending on the severity of the violation resulting in the +revocation. (Ord. 29596) +SEC. 47A-2.1.6.   ZERO-TOLERANCE DRUG POLICY. +   (a)   An operating authority shall employ, maintain, and enforce as to its +drivers a zero-tolerance policy prohibiting the use of intoxicating substances. +   (b)   An operating authority shall include on its publicly remotely +accessible data site notice of the +operating authority’s zero-tolerance policy for intoxicating substances and +information on how passengers may report a possible violation of the policy to +the operating authority and to the City. (Ord. 29596) +SEC. 47A-2.1.7.   PUBLICLY REMOTELY ACCESSIBLE DATA SITE. +   Each operating authority shall maintain a publicly remotely accessible data +site that contains, at a minimum: +      (1)   the operating authority’s rate information; +      (2)   the operating authority’s zero-tolerance policy for intoxicating +substances; +      (3)   the operating authority’s contact information; +      (4)   a statement that wheelchair accessible vehicles are available upon +request; and +      (5)   information on how to report complaints to the city. (Ord. 29596) +SEC. 47A-2.1.8.   TRANSPORTATION-FOR-HIRE SERVICE AT DALLAS LOVE FIELD AIRPORT +AND DALLAS- FORT WORTH INTERNATIONAL AIRPORT. +   (a)   In general. In addition to complying with this chapter, an operating +authority providing transportation-for-hire services at Dallas Love Field +Airport or Dallas-Fort Worth International Airport shall comply with all of the +rules and regulations of those airports. +   (b)   Dallas Love Field Airport. An operating authority that tracks vehicle +location for transportation services shall, upon request of the director, +provide the director with the information necessary to independently verify +trip fees, as that trip fee is set in Chapter five of this code, as amended, +owed by that operating authority on a daily, weekly, and monthly basis. (Ord. +Nos. 29596; 30180; 31689) +SEC. 47A-2.1.9.   NONTRANSFERABILITY. +   An operating authority permit is not transferable. This regulation should +not be construed to impede the continuing use of trade names. (Ord. 29596) +DIVISION 2. +DRIVER PERMIT. +SEC. 47A-2.2.1.   DRIVER PERMIT REQUIRED. +   (a)   A person may not drive a transportation-for-hire vehicle for the +purpose of providing transportation-for-hire services without a valid driver +permit, associated with an operating authority, issued under this article. +   (b)   An operating authority may not knowingly request or allow a person who +does not hold a valid driver permit issued under this article to drive a +transportation-for-hire vehicle for the purpose of providing transportation- +for-hire services for that operating authority. (Ord. Nos. 29596; 30180; 31689) +SEC. 47A-2.2.2.   QUALIFICATIONS FOR DRIVER PERMIT. +   (a)   To qualify for a driver permit, an applicant must: +      (1)   hold a driver’s license that meets the requirements of Chapter 521, +Texas Transportation Code; +      (2)   not be afflicted with a physical or mental disease or disability +that is likely to prevent the applicant from exercising ordinary and reasonable +control over a motor vehicle or that is likely to otherwise endanger the public +health or safety; +      (3)   not have been convicted of more than three moving traffic +violations arising out of separate incidents, or involved in more than one +automobile accident in which it could be reasonably determined that the +applicant was more than fifty percent at fault, within any 12-month period +during the preceding 24 months; +      (4)   not have been convicted of a crime: +         (A)   involving: +            (i)   criminal homicide as described in Chapter 19 of the Texas +Penal Code; +            (ii)   kidnapping as described in Chapter 20 of the Texas Penal +Code; +            (iii)   a sexual offense as described in Chapter 21 of the Texas +Penal Code; +            (iv)   an assaultive offense as described in Chapter 22 of the +Texas Penal Code; +            (v)   robbery as described in Chapter 29 of the Texas Penal Code; +            (vi)   any offense under the Texas Penal Code committed against a +person with whom the applicant came in contact while engaged in transportation- +for-hire service; +            (vii)   the transfer, carrying, or possession of a weapon in +violation of Chapter 46 of the Texas Penal Code, but only if the violation is +punishable as a felony; +            (viii)   a violation of the Dangerous Drugs Act (Chapter 483 of the +Texas Health and Safety Code) that is punishable as a felony; +            (ix)   a violation of the Controlled Substances Act (Chapter 481 of +the Texas Health and Safety Code) that is punishable as a felony; or +            (x)   criminal attempt to commit any of the offenses listed in +Subdivision (7)(A)(i) through (viii) of this subsection; +         (B)   for which: +            (i)   less than two years have elapsed since the date of conviction +or the date of release from confinement imposed for the conviction, whichever +is the later date, if the applicant was convicted of a misdemeanor offense; +            (ii)   less than five years have elapsed since the date of +conviction or the date of release from confinement for the conviction, +whichever is the later date, if the applicant was convicted of a felony +offense; or +            (iii)   less than five years have elapsed since the date of the +last conviction or the date of release from confinement for the last +conviction, whichever is the later date, if, within any 24-month period, the +applicant has two or more convictions of any misdemeanor offense or combination +of misdemeanor offenses; +      (5)   not have been convicted of, or discharged by probation or deferred +adjudication for, driving while intoxicated: +         (A)   within the preceding 12 months; or +         (B)   more than one time within the preceding five years; and +      (6)   not be subject to an outstanding warrant of arrest in the State of +Texas. +   (b)   If an applicant is denied a driver permit on the basis that they have +been convicted of an offense listed in Subsection (a)(4) or (5), for which the +required time period has not elapsed since the date of conviction or the date +of release from confinement imposed for the conviction, the Applicant may +appeal the denial to the Permit and License Appeal Board in the manner set out +in Dallas City Code 2-96. The Permit and License Appeal Board may determine +that the driver is presently fit to engage in the occupation of a +transportation-for-hire driver by considering the following: +      (1)   the extent and nature of the applicant’s past criminal activity; +      (2)   the age of the applicant at the time of the commission of the +crime; +      (3)   the amount of time that has elapsed since the applicant’s last +criminal activity; +      (4)   the conduct and work activity of the applicant prior to and +following the criminal activity; +      (5)   evidence of the applicant’s rehabilitation or rehabilitative effort +while incarcerated or following release; and +      (6)   other evidence of the applicant’s present fitness, including +letters of recommendation from prosecution, law enforcement, and correctional +officers who prosecuted, arrested, or had custodial responsibility for the +applicant; the sheriff and chief of police in the community where the applicant +resides; and any other persons in contact with the applicant. (Ord. 29596) +SEC. 47A-2.2.3.   APPLICATION FOR DRIVER PERMIT. +   To obtain a driver permit or renewal of a driver permit, the applicant must +complete a written application on a form provided for the purpose. The +application must include the applicant’s contact information, including the +applicant’s mailing address and telephone number, and a method for privately +contacting the applicant electronically (such as an email address). (Ord. +29596) +SEC. 47A-2.2.4.   INVESTIGATION OF APPLICATION FOR DRIVER PERMIT. +   (a)   An applicant seeking an initial driver permit or renewal of an +existing driver permit must provide to the director: +      (1)   a current official criminal history report, issued by the Texas +Department of Public Safety within the preceding 12 months, on each applicant +to determine the applicant's qualification under Section +47A-2.2.2; and +      (2)   a current copy of the applicant's motor vehicle driving record and +a list of any outstanding warrants for arrest of the applicant; and +      (3)   any other information the director considers necessary to determine +whether an applicant qualifies for a driver's permit. +   (b)   The director shall provide the applicant, upon written request, a copy +of all materials contained in the applicant's file to the extent allowed under +Chapter 552 of the Texas Government Code. (Ord. Nos. 29596; 29706; 31689) +SEC. 47A-2.2.5.   APPROVAL OR DENIAL OF DRIVER PERMIT. +   (a)   Applicants who are not seeking renewal of an existing driver permit +must complete a training class approved by the director on city regulations, +familiarity with the city, and customer service before the applicant may +receive a driver permit. +   (b)    The director shall issue a driver permit to the applicant if: +      (1)   the director determines that the applicant is qualified to receive +a permit under Section +47A-2.2.2; and +      (2)   the applicant has completed the training class required by +Subsection (a) of this section. +   (c)   The director shall deny the application for a driver permit if the +applicant: +      (1)   is not qualified under Section +47A-2.2.2, or +      (2)   makes a false statement of a material fact in his application for a +driver permit. +   (d)   If the director determines that a driver permit should be denied, the +director shall notify the applicant in writing that his application is denied +and include in the notice the reason for denial and a statement informing the +applicant of his right of appeal. (Ord. 29596) +SEC. 47A-2.2.6.   CHANGES TO INFORMATION IN DRIVER PERMIT APPLICATION. +   Any changes in the driver’s contact information must be reported to the +director prior to or contemporaneously with those changes. (Ord. 29596) +SEC. 47A-2.2.7.   DURATION OF DRIVER PERMIT. +   (a)   A driver permit expires one year from the date it is issued. +   (b)   If a driver’s state driver’s license is suspended or revoked by the +state, his transportation- for-hire driver permit automatically becomes void. A +driver shall immediately notify the director and each operating authority for +which he drives of a suspension or revocation of his driver’s license by the +state and shall immediately surrender his driver permit to the director. (Ord. +29596; 31689) +SEC. 47A-2.2.8.   DUPLICATE DRIVER PERMIT. +   If a driver permit is lost or destroyed, the director shall, for a $50 fee, +issue the driver a duplicate driver permit. (Ord. Nos. 29596; 29706; 31689) +SEC. 47A-2.2.9.   DISPLAY OF DRIVER PERMIT. +   (a)   A driver shall have the driver permit in his possession at all times +that the driver is providing transportation-for-hire services. +   (b)   A driver shall allow the director or a peace officer to examine the +driver permit upon request. +   (c)   A driver shall at all times, while actively seeking or providing +transportation-for-hire services, display driver permit information in a manner +that is visible and legible to passengers, including the driver's first name, +picture, permit number, and information on how to contact the city to make a +complaint. (Ord. 29596; 31689) +SEC. 47A-2.2.10.   SUSPENSION OR REVOCATION OF DRIVER PERMIT. +   (a)   Suspension. +      (1)   If the director determines that a driver has failed to comply with +this chapter or a rule or regulation established under this chapter, the +director may suspend the driver permit for a definite period of time not to +exceed 60 days. +      (2)   If at any time the director determines that a driver is not +qualified under Section +47A-2.2.2, or is under indictment or has charges pending for any offense +involving driving while intoxicated or a felony offense involving a crime +described in Section +47A-2.2.2 or criminal attempt to commit any of those offenses, the director +shall suspend the driver permit until such time as the director determines that +the driver is qualified or that the charges against the driver have been +finally adjudicated. +      (3)   A driver whose driver permit is suspended shall not drive a +transportation-for-hire vehicle inside the city during the period of +suspension. +      (4)   The director shall notify in writing the driver and all operating +authorities of a suspension under this section and include in the notice the +reason for the suspension, the date the director orders the suspension to +begin, the duration of suspension, and a statement informing the driver of a +right of appeal. The period of suspension begins on the date specified by the +director or, in the case of an appeal, on the date ordered by the permit and +license appeal board. +      (5)    A driver whose driver permit has been suspended may not resume +providing transportation- for-hire driver services after the suspension period +has ended until the driver repeats the training class required by Section +47A-2.2.5(a) of this chapter. A driver may attend the training class at any +available time during or after the suspension period. +   (b)   Revocation. +      (1)   The director shall revoke a driver permit if the director +determines that the driver: +         (A)   drove a transportation-for-hire vehicle for hire inside the city +during a period in which the driver’s permit was suspended; +         (B)   made a false statement of a material fact in the application for +a driver permit; +         (C)   engaged in conduct that constitutes a ground for suspension +under Subsection (a), and received either a suspension in excess of three days +or a conviction for violation of this chapter, two times within the 12-month +period preceding the occurrence of the conduct or three times within the 24- +month period preceding the occurrence of the conduct; +         (D)   engaged in conduct that could reasonably be determined to be +detrimental to the public safety; or +         (E)   was convicted of any felony offense involving a crime described +in Section +47A-2.2.2 while holding a driver permit. +      (2)   A person whose driver permit is revoked shall not: +         (A)   apply for another driver permit before the expiration of two +years from the date the director revokes the permit or, in the case of an +appeal, the date the permit and license appeal board affirms the revocation; or +         (B)   drive a transportation-for-hire vehicle inside the city. +      (3)   The director shall notify the driver in writing of a revocation and +include in the notice the reason for the revocation, the date the director +orders the revocation, and a statement informing the driver of the right of +appeal. +      (4)   After receipt of notice of revocation, the driver shall, on the +date specified in the notice, surrender the driver permit to the director and +discontinue driving a transportation-for-hire vehicle inside the city. +      (5)   If the driver appeals the revocation under this section, the driver +may continue to drive a transportation-for-hire vehicle pending the appeal +unless: +         (A)   the driver permit is revoked pursuant to Subsection (b)(1)(E) of +this section; or +         (B)   the director determines that continued operation of a +transportation-for-hire vehicle by the driver would impose an immediate threat +to public safety. (Ord. 29596) +SEC. 47A-2.2.11.   NONTRANSFERABILITY. +A driver permit issued to one person is not transferable to another. (Ord. +29596) +SEC. 47A-2.2.12.   DRIVER REGULATIONS. +While driving a transportation-for-hire vehicle, a driver shall comply with +this chapter, rules and regulations established under this chapter, and all +other laws applicable to the operation of a motor vehicle in this state. A +driver providing transportation- for-hire services at Dallas Love Field Airport +or Dallas- Fort Worth International Airport shall also comply with all of the +rules and regulations of those airports. (Ord. 29596) +DIVISION 3. +VEHICLE PERMIT. +SEC. 47A-2.3.1.   VEHICLE PERMIT REQUIRED. +   No vehicle may be used to provide transportation-for-hire services without +current insurance, association with a registered operating authority, and a +valid permit for that vehicle issued under this article. (Ord. Nos. 29596; +31689) +SEC. 47A-2.3.2.   REQUIREMENTS FOR VEHICLE PERMIT. +   (a)   To obtain a vehicle permit, a permit applicant must provide the +director with the following information, including the: +      (1)   vehicle's current state issued vehicle registration expiration year +and month; +      (2)   permit applicant's name, mailing address, email address, and +telephone contact information; +      (3)   vehicle identification number of the vehicle to be permitted; +      (4)   year, make, and model of the vehicle to be permitted; +      (5)   license plate number of the vehicle to be permitted; +      (6)   state vehicle inspection; and +      (7)   a vehicle lease agreement, if applicable. +   (b)   To obtain a vehicle permit for a previously permitted vehicle, in +addition to providing the above information, a permit applicant must +demonstrate that, within the preceding 90 days, the vehicle has been inspected +and has a state vehicle inspection report. (Ord. Nos. 29596; 29706; 30180; +31689) +SEC. 47A-2.3.3   VEHICLE QUALITY STANDARDS. +   (a)   An operating authority shall maintain all motorized vehicles operating +under its permit, and a driver shall maintain the motorized transportation-for- +hire vehicle he or she is driving for hire, in accordance with the Texas +Department of Public Safety Vehicle Inspection program. Additionally, each +vehicle must be deemed safe, mechanically sound, and road worthy. The exterior +and interior must be clean and meet the following standards: +      (1)   body panels, trim, and moldings are free of dents and scratches +(other than minor dents and scratches that are less than five inches in length +and less than 0.5 inch in depth); +      (2)   paint is in good condition, free of unrepaired damage, visible +fading, mismatched colors, or excessive orange peel; +      (3)   front and rear tires, wheels, and wheel covers match and are the +proper size and type for the vehicle; +      (4)   all recall work recommended by the vehicle's manufacturer has been +performed; +      (5)   air conditioner, heater, and defoggers function properly; +      (6)   all exterior lights function and are aimed as designed by the +manufacturer; +      (7)   all doors open and close smoothly using interior and exterior door +handles. (Ord. Nos. 29596; 30180; 31689; 32467) +SEC. 47A-2.3.4.   DISPLAY OF VEHICLE PERMIT. +   (a)   A person commits an offense if he: +      (1)   operates a transportation-for-hire vehicle with an expired vehicle +permit or with no vehicle permit affixed to the vehicle; +      (2)   attaches a vehicle permit to a transportation-for-hire vehicle not +authorized to operate as a transportation-for-hire vehicle; +      (3)   forges, alters, or counterfeits a transportation-for-hire vehicle +permit required by this section; or +      (4)   possesses a forged, altered, or counterfeited transportation-for- +hire vehicle permit required by this section. +   (b)   A transportation-for-hire vehicle permit assigned to one vehicle is +not transferable to another. (Ord. 29596) +SEC. 47A-2.3.5.   EXPIRATION OF VEHICLE PERMIT. +   A vehicle permit is valid for the period of and expires concurrently with +the permitted vehicle's state registration displayed on the vehicle at the time +the permit is issued. (Ord. Nos. 29596; 30180) +DIVISION 4. +SERVICE RULES. +SEC. 47A-2.4.1.   NO SOLICITATION. +   A driver may not solicit passengers if the solicitation is: +      (1)   from a location other than the driver’s compartment or the +immediate vicinity of the driver’s transportation-for-hire vehicle; or +      (2)   in a way that annoys or obstructs the movement of a person. (Ord. +29596) +SEC. 47A-2.4.2.   NON-DISCRIMINATION. +   An operating authority or driver shall not refuse service to a passenger +based on the passenger’s race; color; age; religion; sex; marital status; +sexual orientation, as that term is defined in Chapter 34 of this code; gender +identity and expression, as that term is defined in Chapter 34 of this code; +national origin; disability; political opinions; or affiliations. (Ord. 29596) +SEC. 47A-2.4.3.   CITY-WIDE SERVICE. +   (a)   An operating authority may not exclude from service any portion of the +city. +   (b)   An operating authority may not refuse to convey a ride request to an +available driver based on point of origin, destination, or length of trip. +   (c)   While operating a transportation-for-hire vehicle, a driver shall not +refuse a person who requests service unless: +      (1)   the person is disorderly; +      (2)   the driver is engaged in answering a previous request for service; +      (3)   the driver has reason to believe that the person is engaged in +unlawful conduct; or +      (4)   the driver, based on observation of a specific passenger, +reasonably fears for the driver’s own safety. +   (d)   This section does not apply to transportation-for-hire service +provided by non- motorized passenger transport vehicles. (Ord. 29596) +SEC. 47A-2.4.4.   WHEELCHAIR ACCESSIBILITY. +   (a)   When a wheelchair accessible vehicle is requested, the operating +authority must provide a wheelchair accessible vehicle, or cause one to be +provided, without unreasonable delay. +   (b)   Operating authorities and drivers are prohibited from charging a +higher fare rate for wheelchair accessible transportation-for-hire vehicles. +(Ord. 29596) +SEC. 47A-2.4.5.   DIRECT AND EXPEDITIOUS ROUTE. +   (a)   A driver must take the most direct and expeditious route available, +unless otherwise directed by the passenger. +   (b)   This section does not apply to transportation- for-hire service +provided by non-motorized passenger transport vehicles. (Ord. 29596) +SEC. 47A-2.4.6.   PAYMENT BY CREDIT CARD. +   (a)   An operating authority or driver, whichever accepts payment for a +fare, must allow fares to be paid by credit card. +   (b)   When accepting a credit card payment, an operating authority or driver +must use a secure credit card processing method that encrypts information +transmitted to authenticate a credit card payment transaction for approval. +(Ord. 29596) +SEC. 47A-2.4.7.   RESERVED. +   (Repealed by Ord. 31689) +SEC. 47A-2.4.8.   RATES AND FARES. +   (a)   For purposes of this section, "payor" means the person paying for +transportation-for-hire service. +   (b)   An operating authority shall inform the payor of the rate for the +transportation-for-hire service before the transportation-for-hire service is +provided. +   (c)   An operating authority must disclose its rates on a publicly remotely +accessible data site. An operating authority must also disclose its rates on a +sign placed in or on all hailable transportation-for-hire vehicles operated +under the operating authority's permit. +   (d)   A driver or operating authority shall provide the payor of a fare with +a legible receipt at the time of payment. The receipt, alone or in combination +with additional contemporaneously produced document(s), must contain the +following information: +      (1)   the fare rate; +      (2)   the total fare; +      (3)   an itemization showing how the fare was calculated; +      (4)   the trip distance (if fare based in whole or in part on distance); +      (5)   the duration of the trip in minutes (if fare based in whole or in +part on time); +      (6)   the name of the operating authority under which the driver was +operating at the time of the ride; +      (7)   the driver's first name and driver permit number; and +      (8)   the vehicle permit number. +   (e)   The receipt may be submitted to the payor electronically if the ride +was dispatched electronically or if the payor agrees to accept an electronic +receipt. +   (f)   Hailable vehicles shall not charge any fare for providing +transportation-for-hire service in the city that exceeds the maximum rates of +fare authorized by the following schedule: +      (1)   General fares. +         (A)   Initial meter drop: $3.00; +         (B)   Each 1/4 mile: $0.70; +         (C)   Traffic delay time/waiting time, per 1 minute: $0.40; and +         (D)   Each extra passenger (up to manufacturer's rated seating +capacity): $2.00. +      (2)   Love Field Airport fares. +         (A)   Each trip departing from the airport (in addition to the general +fare) shall include the trip fee as that trip fee is set in Chapter 5 of this +code, as amended. +         (B)   Minimum charge for each trip departing from the airport: $10.00. +         (C)   Flat rate for each trip either originating at the airport and +terminating at a location within the Dallas Central Business District area or +originating at a location within the Dallas Central Business District area and +terminating at the airport: $26.00. +         (D)   Flat rate for each trip either originating at the airport and +terminating at a location within the Dallas Market Center area or originating +at a location within the Dallas Market Center area and terminating at the +airport: $20.00. +      (3)   Dallas-Fort Worth International Airport fares. +         (A)   Minimum charge for each terminal transfer: $7.00. +         (B)   Minimum charge for each trip that requires exiting the Airport +parking plaza and terminates inside of airport property: $14.50. +         (C)   Minimum charge for each trip that requires exiting the Airport +parking plaza and terminates outside of airport property: $17.00. +         (D)   Flat rate for each trip either originating at the airport and +terminating at a location within the Dallas Central Business District area or +originating at a location within the Dallas Central Business District area and +terminating at the airport: $55.00. +         (E)   Flat rate for each trip either originating at the airport and +terminating at a location within the Dallas Market Center area or originating +at a location within the Dallas Market Center area and terminating at the +airport: $47.00. +      (4)   Gasoline surcharge. +         (A)   A gasoline surcharge approved by the director may be added to a +hailable vehicle fare when the average weekly retail price of regular grade +gasoline in the State of Texas exceeds $2.00 per gallon as determined by the +United States Department of Energy, Energy Information Administration. +         (B)   The gasoline surcharge is calculated in $0.50 increments and +applied per trip. For every $0.50 increase or decrease in the average price per +gallon of gasoline above the $2.00 threshold, the per trip surcharge fee is +adjusted $0.50 up or down to reflect the change in the average gasoline price. +For example: +  +AVERAGE PRICE OF GASOLINE (PER GALLON) AMOUNT OF SURCHARGE (PER TRIP) +$2.00 or less No surcharge +$2.01 to $2.50 $0.50 +$2.51 to $3.00 $1.00 +$3.01 to $3.50 $1.50 +Each additional $0.50 increase in the average Additional $0.50 per trip +per gallon price of gasoline +  +         (C)   The director shall determine the gasoline surcharge on a +quarterly basis each year by checking, in accordance with the following +schedule, the average price per gallon of gasoline as posted by the United +States Department of Energy in its weekly updates: +  +DATE OF QUARTERLY PRICE CHECK BY DIRECTOR DATE OF QUARTERLY ADJUSTMENT (IF + REQUIRED) +December 20 January 1 +March 20 April 1 +June 20 July 1 +September 20 October 1 +  +   (g)   Each driver of a hailable vehicle shall charge the rates of fare +prescribed in Subsection (f) in accordance with the following terms and +conditions: +      (1)   "Dallas Central Business District area" includes: +         (A)   the Dallas Central Business District, which is the area bounded +by Woodall Rodgers Freeway on the north, Central Expressway on the east, R. L. +Thornton Freeway on the south, and Stemmons Freeway on the west; and +         (B)   all points located within 1,000 feet of the Dallas Central +Business District boundaries described in Paragraph (1)(A) of this subsection. +      (2)   "Dallas Market Center area" includes: +         (A)   the Dallas Market Center, which is the area bounded by Medical +District Drive on the northwest, Harry Hines Boulevard on the northeast, Oak +Lawn Avenue on the southeast, and Irving Boulevard on the southwest; and +         (B)   all points located within 1,000 feet of the Dallas Market Center +boundaries described in Paragraph (2)(A) of this subsection. +      (3)   "Extra passengers" means the total number of passengers, less one, +riding in the same vehicle whether or not going to the same destination. +      (4)   "Traffic delay time" is that time, as set and determined by the +meter, during which the vehicle is stopped in traffic or proceeding at a speed +of less than 11.5 miles per hour due to traffic conditions. +      (5)   "Waiting time" may be charged only when a passenger or party +requests a vehicle to wait and be held exclusively for the use of that +passenger or party. +      (6)   Passengers in the same vehicle traveling between the same points +must be considered as one trip, and a multiple fare may not be charged. The +only extra charge permitted for additional passengers is the $2.00 allowed +under Subsection (e) for each extra passenger. +      (7)   When passengers in the same vehicle have different destinations, +the fare must be collected and the meter must be reset at each destination +point, except when the vehicle is engaged by, and the fare for the entire trip +is paid by, one passenger or party. The $2.00 charge for each extra passenger +is permitted under this paragraph only when the fare for the entire trip is +paid by one passenger or party or when more than one passenger disembarks at a +single location. +      (8)   A passenger or party must reimburse the driver for all lawful tolls +paid during the time of engagement only if the passenger or party was notified +of the toll route beforehand by the driver and did not object to the toll +route. +      (9)   Flat rate fares provided in Subsection (f) of this section, as +amended, shall include all fares described in this section, except for the +extra passenger fare, also as described in this section. +   (h)   The director shall periodically review the hailable vehicle rates of +fare and, after receiving input from operators and drivers of hailable +vehicles, recommend any change to the city council. The city council shall hold +a public hearing to consider the proposed change in rates of fare. After the +hearing, the city council may approve, disapprove, or modify the proposed +change. +   (i)   Nothing in this section prohibits a hailable vehicle from being +operated for a discounted rate or charge. (Ord. Nos. 29596; 30180; 32467) +SEC. 47A-2.4.9.   ADDITIONAL REQUIREMENTS FOR HAILABLE VEHICLES. +   (a)   All hailable vehicles must: +      (1)   have a roof mounted top light that illuminates when the vehicle is +in service but not available to be hailed; and +      (2)   display the following information on at least one door on each side +of the vehicle: +         (A)   the name of the operating authority under which the vehicle is +currently operating; +         (B)   the vehicle permit number; +         (C)   the fare rate; and +         (D)   the current fuel surcharge. +   (b)   The size and format of the information required by this section must +be approved by the director. +   (c)    If a hailable vehicle is neither engaged in service nor available to +be hailed, the driver must place a sign in the front window on the right side +of the vehicle with the words “NOT FOR HIRE” printed in letters not less than +3” in height with a stroke of not less than 3/8”. (Ord. Nos. 29596; 32467) +SEC. 47A-2.4.10.   GOUGING PROHIBITED. +   Drivers and operating authorities may not knowingly or intentionally quote, +charge, or attempt to charge a fare higher than the fare calculated based on +the operating authority’s published rates or the rates allowed by this chapter +for hailable vehicles, whichever is applicable. (Ord. 29596) +SEC. 47A-2.4.11.   [RESERVED.] +SEC. 47A-2.4.12.   SOLICITATION OF PASSENGERS BY BUSINESS ESTABLISHMENTS. +   (a)   An employee of a business establishment, other than an operating +authority, who acts as an agent in obtaining transportation-for-hire service +for prospective passengers shall not: +      (1)   solicit nor accept payment from a driver in return for giving +preferential treatment in directing passengers to a driver; or +      (2)   interfere with the orderly progression of transportation-for-hire +vehicles from the rear to the front of a queue. +   (b)   Business establishments or their agents may not require guests to use +a specific transportation-for- hire operating authority, driver, or vehicle. +   (c)   Drivers may not pay an employee of a business establishment to solicit +passengers or to give preferential treatment in directing passengers to that +driver. (Ord. 29596) +SEC. 47A-2.4.13.   DRIVER AVAILABILITY LOG. +   (a)   An operating authority that employs contingent primary liability +coverage to meet the insurance requirements of Section +47A-2.5.2 shall maintain a real time record that demonstrates each date and +time that a driver providing transportation- for-hire services under that +operating authority has, in the manner prescribed by the operating authority, +signaled to the operating authority that the driver: +      (1)   is available to accept a ride request; +      (2)   has accepted a ride request; and +      (3)   has completed a requested ride. +   (b)   The operating authority shall retain the record required by Subsection +(a) for a minimum of ninety (90) days after the record is made, and shall make +the records available for inspection by the director upon reasonable notice. +(Ord. 29596) +DIVISION 5. +INSURANCE. +SEC. 47A-2.5.1.   INSURANCE POLICY REQUIREMENTS AND PROHIBITIONS. +   (a)   An operating authority shall procure and keep in full force and effect +no less than the insurance coverage required by this article through a policy +or policies written by an insurance company that: +      (1)   is listed as an authorized auto liability lines carrier on the +Texas Department of Insurance’s List of Authorized Insurance Companies or a +surplus lines insurer listed on the Texas Department of Insurance’s list of +Eligible Surplus Lines Insurance Companies; +      (2)   is acceptable to the city; and +      (3)   does not violate the ownership or operational control prohibitions +described in Subsection (e) of this section. +   (b)   The insured provisions of the policy must name the city and its +officers and employees as additional insureds, and the coverage provisions must +provide coverage for any loss or damage that may arise to any person or +property by reason of the operation of a transportation-for-hire vehicle when +driven by any authorized driver. +   (c)   Insurance required under this article must: +      (1)   include a cancellation provision in which the insurance company is +required to notify the director in writing not fewer than 30 days before +cancelling the insurance policy (for a reason other than non-payment) or before +making a reduction in coverage; +      (2)   include a cancellation provision in which the insurance company is +required to notify the director in writing not fewer than 10 days before +cancelling for non-payment; +      (3)   cover all transportation-for-hire vehicles during all times that +the vehicles are operating in furtherance of the operating authority's +business, whether the vehicles are owned, non-owned, hired, rented, or leased +by the operating authority, and whether the vehicles are or are not listed on a +schedule of vehicles provided to the insurance company; +      (4)   include a provision requiring the insurance company to pay every +covered claim on a first-dollar basis; +      (5)   require notice to the city of Dallas if the policy is cancelled or +if there is a reduction in coverage; and +      (6)   comply with all applicable federal, state, or local laws. +   (d)   A driver must keep proof of any and all liability insurance policies +applicable to the driver or vehicle in the vehicle while the driver is +providing transportation-for-hire services. +   (e)   No person who has a 20 percent or greater ownership interest in the +operating authority may have any interest in the insurance company. +   (f)   The operating authority may not be self-insured. +   (g)   Any insurance policy required by this article must be on file with the +city within forty-five (45) days of the issuance of the initial operating +authority permit, and thereafter within 45 days of the expiration or +termination of a previously issued policy. (Ord. Nos. 29596; 30180) +SEC. 47A-2.5.2.   MINIMUM INSURANCE LIMITS. +   (a)   Insurance policy limits for motorized transportation-for-hire +vehicles. At a minimum, the liability coverage for motorized transportation- +for-hire vehicles must be provided as follows: +      (1)   From the time a driver indicates that the vehicle is available to +accept a ride request, but before the driver has accepted a ride request, the +vehicle and driver must be covered by contingent primary liability coverage for +injury and property damage arising out of or caused by the operation of the +vehicle in the amount of $50,000 per person, $100,000 per occurrence for bodily +injury and $25,000 in property damage; and +      (2)   From the time a driver accepts a ride request, either by being +physically hailed or dispatched, to the time the passenger exits the vehicle, +the vehicle and driver must be covered by primary commercial automobile +liability coverage with a combined single limit of liability for injury and +property damage arising out of or caused by the operation of the vehicle in the +following amounts: +  +For vehicles with a manufacturer’s rated seating capacity of 1- $300,000 +5 passengers +For vehicles with a manufacturer’s rated seating capacity of 6-10 $500,000 +passengers +For vehicles with a manufacturer’s rated seating capacity of 11-14 $1,000,000. +passengers +  +   (b)   Insurance policy limits for non-motorized passenger transport +vehicles. The commercial general liability insurance for non-motorized +passenger transport vehicles must provide combined single limits of liability +for bodily injury and property damage of not less than $500,000 for each +occurrence, or the equivalent, and include coverage for premises operations, +independent contractors, products/ completed operations, personal injury, +contractual liability, and medical payments. Coverage for medical payments must +include a minimum limit of $5,000 per person. (Ord. Nos. 29596; 30180; 31689) +ARTICLE III. +REGULATIONS SPECIFIC TO NON- MOTORIZED PASSENGER TRANSPORT VEHICLES. +SEC. 47A-3.1.   ROUTE. +   Transportation-for-hire service offered by non- motorized passenger +transport vehicles may only be offered in accordance with a preapproved route, +with fixed pickup and destination points, that must be current and kept on file +with the director. (Ord. 29596) +SEC. 47A-3.2.   REQUIREMENTS FOR HORSES IN SERVICE. +   (a)   Before any horse may be used in a non- motorized passenger transport +service, the operating authority permit holder must furnish the director with: +      (1)   a state certificate of veterinarian inspection identifying the +horse by description or photograph and showing that the horse has been examined +at least once within the preceding six months by a veterinarian licensed by the +State of Texas who specializes in equine medicine; +      (2)   proof that the horse has had tetanus, rabies, and Eastern-Western +encephalitis vaccinations; and +      (3)   photographs showing identifying markings of the horse. +   (b)   A horse used in a non-motorized passenger transport service must: +      (1)   be appropriately shod to work on paved streets; if a horse loses a +shoe while working, an "easy" type boot may be used to finish the scheduled +work day; +      (2)   not have any open wound, oozing sore, cut below skin level, or +bleeding wound; +      (3)   not have evidence of lameness, such as but not limited to head +bobbing or irregular rhythm; +      (4)   be offered not less than five gallons of drinking water at least +every two hours; +      (5)   have at least a 10-minute rest period after every 50 minutes +worked; +      (6)   not work longer than eight hours in a 24-hour period with a minimum +of 12 hours rest; +      (7)   have all harnesses properly fitted and in good repair with no +deficiencies that could reasonably be deemed a safety hazard; +      (8)   be properly cleaned with no offensive odors or caked dirt or mud; +      (9)   wear a special sanitary device for containing animal excrement; +      (10)   not work when the outside temperature exceeds 99 degrees +Fahrenheit, or the thermal heat index exceeds 150, as measured by the National +Weather Service at Love Field; and +      (11)   be examined at least once every six months by a veterinarian +licensed by the State of Texas who specializes in equine medicine and receive a +state certificate of veterinarian inspection, which must be submitted to the +director. +   (c)   The director, or a designated representative of the department, may +require the operating authority or driver of a horse-drawn carriage to remove +from service any horse that appears to be ill, overtired, undernourished, +overloaded, injured, or lame or whose health or life, in the opinion of a +veterinarian or qualified equine animal services officer, is in imminent +danger. To reinstate a horse removed from service, the horse must be re- +examined and a new state certificate of veterinarian inspection issued for the +horse by a veterinarian licensed by the State of Texas and specializing in +equine medicine, which certificate must be submitted to the director. +   (d)   A person commits an offense if he harasses or startles, or attempts to +harass or startle, any horse while the horse is pulling a carriage or at rest +or otherwise treats a horse inhumanely while it is working in a non-motorized +passenger transport service. +   (e)   An operating authority and driver shall use a trailer to transport a +horse to a job location in the city that is more than three miles from the +location where the horse is stabled. +   (f)   For purposes of this section, a horse is considered to be working any +time it is on a public street or sidewalk, or other public right-of-way, during +any hour of operation of the non-motorized passenger transport service that is +authorized by and on file with the director. (Ord. Nos. 29596; 30240; 31689) +SEC. 47A-3.3.   REQUIRED EQUIPMENT. +   (a)   An operating authority shall maintain for all non-motorized passenger +transport vehicles operating under its permit, and a driver shall maintain for +the non-motorized passenger transport vehicle he is driving for hire, the +following equipment in good condition: +      (1)   head-lights; +      (2)   tail-lights; +      (3)   flashing lights; +      (4)   a braking system approved by the director; +      (5)   rubber on all wheels; +      (6)   a “slow moving vehicle” sign attached to the rear of the vehicle; +      (7)   evidence of insurance required by +Division 5 of +Article II of this chapter; +      (8)   the company name and a unit number conspicuously located on the +rear of the vehicle in letters not less than two inches high; +      (9)   a vehicle permit or temporary permit placed in a manner and +location approved by the director; +      (10)   any other equipment required to comply with all applicable federal +and state laws; and +      (11)   any other special equipment that the director determines to be +necessary for the service to be operated. +   (b)   An operating authority and driver shall, at all times, keep each non- +motorized passenger transport vehicle clean and free of refuse and in safe +operating condition. +   (c)   A non-motorized passenger transport vehicle must not have any cracks, +broken or missing parts, or other visible damage. All wheels must be firmly +attached to the hub of a vehicle and all springs, axles, and supporting +structures of each vehicle must be intact. (Ord. 29596) +SEC. 47A-3.4.   APPLICATION FOR OPERATING AUTHORITY. +   In addition to the information required by Section +47A-2.1.2 of this chapter, to obtain an operating authority permit for +transportation-for-hire service offered by non-motorized passenger transport +vehicles, the verified application statement filed with the director must +include: +      (1)   the number of horses the applicant proposes to use in the operation +of the service with a description or photograph and a state certificate of +veterinarian inspection for each horse; and +      (2)   the proposed routes to be offered. (Ord. 29596) +ARTICLE IV. +ENFORCEMENT. +SEC. 47A-4.1.   RESPONSIBILITY FOR ENFORCEMENT. +   (a)   The director may, with or without notice, inspect any transportation- +for-hire vehicle operating under this chapter to determine whether the vehicle +complies with this chapter, rules and regulations established under this +chapter, or other applicable law. +   (b)   The director shall enforce this chapter with the assistance of the +police department. A police officer upon observing a violation of this chapter +or the rules or regulations established by the director, shall take necessary +enforcement action to ensure effective regulations of transportation-for-hire +service. (Ord. 29596) +SEC. 47A-4.2.   REMOVAL OF EVIDENCE OF AUTHORIZATION. +   Whenever an operating authority permit, driver permit, or vehicle permit is +suspended, revoked, or renewal denied, the director may remove or require the +surrender of all evidence of authorization as an operating authority, driver, +or transportation-for-hire vehicle, including, but not limited to, removal or +surrender of operating authority, permits, decals, and signage. (Ord. 29596) +SEC. 47A-4.3.   TOWING AND IMPOUNDING. +   A vehicle shall be towed and impounded if determined by the director or any +peace officer to be operating as a transportation-for-hire vehicle without: +      (1)   the operating authority required by this chapter, +      (2)   a driver permit required by this chapter, +      (3)   a vehicle permit required by this chapter, or +      (4)   the insurance required by this chapter. (Ord. 29596) +SEC. 47A-4.4.   CORRECTION ORDER. +   (a)   If the director determines that an operating authority or driver is +violating or has violated this chapter, terms of its permit, a rule or +regulation established by the director, or other law, the director may notify +the operating authority or driver in writing of the violation and by written +order direct the operating authority or driver to correct the violation within +a reasonable period of time. In setting the time for correction the director +shall consider the degree of danger to the public health or safety and the +nature of the violation. If the violation involves equipment that is unsafe or +functioning improperly, the director shall order the operating authority or +driver to immediately cease use of the equipment. +   (b)   If the director determines that a violation constitutes an imminent +and serious threat to the public health or safety, the director shall order the +operating authority or driver to correct the violation immediately, and, if the +operating authority or driver fails to comply, the director shall promptly take +or cause to be taken such action as the director considers necessary to enforce +the order immediately. +   (c)   The director shall include in a notice issued under this subsection an +identification of the violation, the date of issuance of the notice and the +time period within which the violation must be corrected, a warning that +failure to comply with the order may result in suspension or revocation of the +permit or imposition of a fine or both, and a statement indicating that the +order may be appealed. (Ord. 29596) +SEC. 47A-4.5.   SERVICE OF NOTICE. +   (a)   An operating authority shall designate and maintain a representative +to receive service of notice required under this chapter to be given an +operating authority and to serve notice required under this chapter. +   (b)   Notice required under this chapter to be given to: +      (1)   an operating authority must be personally served by the director on +the operating authority or the operating authority’s designated representative; +or +      (2)   a driver must be personally served or sent by certified United +States Mail, return receipt requested, to the address, last known to the +director, of the person to be notified, or to the designated representative for +drivers. +   (c)   Notice required under this chapter to be given to a person other than +an operating authority or driver may be served in the manner prescribed by +Subsection (b)(2). +   (d)   Service executed in accordance with this subsection constitutes notice +to the person to whom the notice is addressed. The date of service for notice +that is mailed is three days after the date of mailing. (Ord. 29596) +SEC. 47A-4.6.   APPEAL OF CORRECTION ORDER. +   (a)   The holder of a permit may appeal a correction order issued under +Section +47A-4.4 if an appeal is requested in writing not more than five days after +notice of the order or action is received. +   (b)   The city manager or a designated representative shall act as the +appeal hearing officer in an appeal under this section. The hearing officer +shall give the appealing party an opportunity to present evidence and make +argument. The formal rules of evidence do not apply to an appeal hearing under +this section, and the hearing officer shall make a ruling on the basis of a +preponderance of evidence presented at the hearing. +   (c)   The hearing officer may affirm, modify, or reverse all or part of the +order of the director. The decision of the hearing officer is final. (Ord.Nos. +29596; 32180) +SEC. 47A-4.7.   CRIMINAL OFFENSES. +   (a)   A person commits an offense if he violates or attempts to violate a +provision of this chapter, or a rule or regulation established by the director +under this chapter, that is applicable to the person. A culpable mental state +is not required for the commission of an offense under this chapter unless the +provision defining the conduct expressly requires a culpable mental state. A +separate offense is committed each day in which an offense occurs. +   (b)   Prosecution for an offense under Subsection (a) does not prevent the +use of other enforcement remedies or procedures applicable to the person +charged with or the conduct involved in the offense. (Ord. 29596) +CHAPTER 48 +TREES AND SHRUBS +Sec. +48-1.   Park board - Authority to regulate planting, cutting, etc. +Sec. +48-2.   Same - Appointment and qualifications of city forester. +Sec. +48-3.   Duty to encourage planting of trees; pecuniary interest in marketing +trees. +Sec. +48-4.   Permits required for planting, trimming, spraying, etc. +Sec. +48-5.   Injuring trees. +Sec. +48-6.   Interfering with work of park board. +Sec. +48-7.   Protection of trees in case of erection or repair of buildings. +Sec. +48-8.   Removal of electric wires to permit pruning, etc. +Sec. +48-9.   Injuring trees, shrubs or plants on another’s property. +Sec. +48-10.   Discharge of oil, brine or substance likely to injure grass, shrubs or +trees. +Sec. +48-11.   Duty to remove dead, diseased, and damaged trees from parkway. +SEC. 48-1.   PARK BOARD - AUTHORITY TO REGULATE PLANTING, CUTTING, ETC. +   The park board shall have the power to regulate and control the planting, +cutting, trimming and caring for all trees within the highways and streets of +the city and shall make such rules and regulations governing the same as may be +deemed advisable in conjunction with the city forester and shall from time to +time make such rules and regulations as they may deem advisable concerning the +planting, cutting and caring for trees and require the city forester to be +governed thereby. (Code 1941, Art. 147-1) +SEC. 48-2.   SAME - APPOINTMENT AND QUALIFICATIONS OF CITY FORESTER. +   The park board shall have the authority to appoint and employ a city +forester and such other officers, assistants and laborers as it may deem +necessary for the efficient administration of the duties prescribed by this +chapter. No person shall be appointed to the office of city forester unless +such person, at the date of his appointment, has satisfied the park board that +he possesses at least four years of practical experience in regular forest +service, two of which shall have been in city forestry, and also that he has a +thorough knowledge of soils, insects and plant diseases as they affect trees +and their growth. The park board shall have the power to establish such rules +and regulations as it shall deem necessary for the conduct of the city forester +and for the administration of this chapter. (Code 1941, Art. 147-2; Ord. 8020) +SEC. 48-3.   DUTY TO ENCOURAGE PLANTING OF TREES; PECUNIARY INTEREST IN +MARKETING TREES. +   It shall be the duty of the park board either directly or through the city +forester to encourage the planting of trees within the city and to recommend +the kind and character of trees to be planted which are suitable to the soil +and will furnish the most practical results with a view of yielding shade and +being ornamental in their nature. The city forester shall be courteous and +attentive to the public in seeking advice and in aiding and assisting the +public as well as encouraging the public in the planting of the proper kind of +trees. No member of the park board nor the city forester shall be interested +directly or indirectly in a pecuniary manner in selling or marketing any shade +trees required to be used by the public but nothing in this section shall be +construed to prevent the park board or the city forester from giving proper +advice as to the kind and character of trees to be planted and the time when +such planting shall be done and all other information that may be necessary for +such purposes. (Code 1941, Art. 147-3; Ord. 8020) +SEC. 48-4.   PERMITS REQUIRED FOR PLANTING, TRIMMING, SPRAYING, ETC. +   It shall be unlawful for any person to plant or set out any shade trees or +cause or authorize any person to plant or set out any shade trees in or on any +public highway within the city without first obtaining from the director of the +park department a written permit to do so. It shall be unlawful for any +individual or officer or employee of a corporation without the written permit +of director of the park department to cut, prune, break, climb, injure or +remove any living tree in a public highway, or cut, disturb or interfere in any +way with the roots of any tree on a public highway or spray with any chemicals +or insecticides any tree in a public highway; or place any rope, sign, poster +or other fixture on a tree or guard in a public highway; or injure, misuse or +remove any device placed to protect such tree on a public highway. (Code 1941, +Art. 147-4) +SEC. 48-5.   INJURING TREES. +   It shall be unlawful for any person to pull up, cut down, burn or destroy, +or in any manner injure any living tree standing in any street or public +highway of the city. (Code 1941, Art. 147-5) +SEC. 48-6.   INTERFERING WITH WORK OF PARK BOARD. +   It shall be unlawful for any person to wilfully prevent, delay or in any +manner interfere with the park board or any person acting under its direction +and instruction in the planting, pruning, spraying, cultivating, caring for or +removal of any living tree standing in any street or public highway in the +city. (Code 1941, Art. 147-7) +SEC. 48-7.   PROTECTION OF TREES IN CASE OF ERECTION OR REPAIR OF BUILDINGS. +   In the erection or repair of any building or structure the owner thereof +shall place such guards around all nearby trees on the public highways as shall +effectually prevent injury to them. (Code 1941, Art. 147-8) +SEC. 48-8.   REMOVAL OF ELECTRIC WIRES TO PERMIT PRUNING, ETC. +   Every person having any wire or wires charged with electricity running +through a public highway shall temporarily remove any such wire or wires or the +electricity therefrom when it shall be necessary, in order to take down or +prune any trees growing in a public highway, within 48 hours after service upon +the owner of such wires, or his agent, of a written notice signed by the +director of the park department, to remove the wire or wires or the electricity +therefrom. (Code 1941, Art. 147-9) +SEC. 48-9.   INJURING TREES, SHRUBS OR PLANTS ON ANOTHER’S PROPERTY. +   (a)   It shall be unlawful for any person to cut, injure, mutilate or +destroy any shrub, plant or tree in the city, in or upon property not belonging +to such person, without the permission of the owner of the property. +   (b)   Any person violating any provision of this section is guilty of an +offense. (Code 1941, Art. 87-3; Ord. 19963) +SEC. 48-10.   DISCHARGE OF OIL, BRINE OR SUBSTANCE LIKELY TO INJURE GRASS, +SHRUBS OR TREES. +   It shall be unlawful for any person, or his agent, servant, or employee, +while handling, using, or transporting any oil, salt water, brine, or other +substance or liquid of any character in connection with any ice cream business, +oil business, or other character or kind of business, or otherwise, to suffer +or permit any of the substance or liquid to drip upon or be thrown or +discharged into any street or gutter of any street, or on any sidewalk or +parkway on any street, so that the substance or liquid may injure or likely or +probably cause injury to any growing grass plot, shrubbery, or tree, or to +discharge any of the substance or liquid into any gutter of any street or +otherwise so that the substance or liquid may flow onto or near any growing +grass plot, shrubbery, or tree so as to injure or likely or probably cause +injury to the grass plot, shrubbery, or tree; provided, that nothing contained +in this section shall prevent any person from discharging, throwing, or placing +any substance or liquid described in this section into the inlet of any sewer +that may be in any street where the substance or liquid will not cause injury +to any shrubbery, grass, or tree, save and except that nothing shall be placed +or discharged in any inlet that is likely to cause fire or combustion or that +may be otherwise prohibited by this code or any other city ordinance. Any +person, or his agent, servant, or employee, who violates any provision of this +section shall is guilty of an offense. (Code 1941, Art. 87-16; Ord. 19963) +SEC. 48-11.   DUTY TO REMOVE DEAD, DISEASED, AND DAMAGED TREES FROM PARKWAY. +   (a)   Every person owning, occupying, or in control of property shall, at +the person’s own expense, remove any dead, diseased, or damaged tree from the +parkway abutting the property owned, occupied, or controlled by the person. +   (b)   The park department may remove a dead, diseased, or damaged tree from +a parkway at the request of the owner, occupant, or person in control of the +abutting property or upon failure of the owner, occupant, or person in control +of the abutting property to remove the tree after being issued notice of +removal by the park department. The fee for removal of a dead, diseased, or +damaged tree from a parkway is $75. +   (c)   For purposes of this section, parkway means the area along a public +street between the curb and the sidewalk. (Ord. 20736) +CHAPTER 48A +VEHICLE TOW SERVICE +ARTICLE I. +GENERAL PROVISIONS. +Sec. +48A-1.   Statement of policy. +Sec. +48A-2.   General authority and duty of director. +Sec. +48A-3.   Establishment of rules and regulations. +Sec. +48A-4.   Exceptions. +Sec. +48A-5.   Definitions. +ARTICLE II. +VEHICLE TOW SERVICE LICENSE. +Sec. +48A-6.   License required; application. +Sec. +48A-7.   License qualifications. +Sec. +48A-8.   License issuance; fee; display; transferability; expiration. +Sec. +48A-9.   Refusal to issue or renew license. +Sec. +48A-10.   Revocation of license. +Sec. +48A-11.   Appeals. +ARTICLE III. +WRECKER DRIVER’S PERMIT. +Sec. +48A-12.   Wrecker driver’s permit required. +Sec. +48A-13.   Qualifications for a wrecker driver’s permit. +Sec. +48A-14.   Application for wrecker driver’s permit; fee. +Sec. +48A-15.   Investigation of application. +Sec. +48A-16.   Issuance and denial of wrecker driver’s permit. +Sec. +48A-17.   Expiration of wrecker driver’s permit; voidance upon suspension or +revocation of state driver’s license. +Sec. +48A-18.   Provisional permit. +Sec. +48A-19.   Probationary permit. +Sec. +48A-20.   Duplicate permit. +Sec. +48A-21.   Display of permit. +Sec. +48A-22.   Suspension by a designated representative. +Sec. +48A-23.   Suspension of wrecker driver’s permit. +Sec. +48A-24.   Revocation of wrecker driver’s permit. +Sec. +48A-25.   Wrecker operation after suspension or revocation. +Sec. +48A-26.   Appeal from denial, suspension, or revocation. +ARTICLE IV. +MISCELLANEOUS LICENSEE AND DRIVER REGULATIONS. +Sec. +48A-27.   Licensee’s and driver’s duty to comply. +Sec. +48A-28.   Licensee’s duty to enforce compliance by drivers. +Sec. +48A-29.   Insurance. +Sec. +48A-30.   Information to be supplied upon request of director. +Sec. +48A-31.   Vehicle tow service records. +Sec. +48A-32.   Failure to pay ad valorem taxes. +ARTICLE V. +SERVICE RULES AND REGULATIONS. +Sec. +48A-33.   Removal of vehicles from public rights-of-way. +Sec. +48A-34.   Removal of authorized vehicles prohibited. +Sec. +48A-35.   Financial interests of private property owner and licensee +prohibited. +Sec. +48A-36.   Requirements for posting signs. +Sec. +48A-36.1.   Individual parking restrictions in restricted area. +Sec. +48A-36.2.   Designation of restricted parking spaces in otherwise unrestricted +area. +Sec. +48A-37.   Authorization for removal. +Sec. +48A-38.   Release of a vehicle prior to removal. +Sec. +48A-39.   Removal of vehicle with a wrecker. +Sec. +48A-40.   Notification of police department; wrecker slips or tickets. +Sec. +48A-41.   Notification of vehicle owner. +Sec. +48A-42.   Removal to vehicle storage facility. +ARTICLE VI. +VEHICLE TOW SERVICE FEES. +Sec. +48A-43.   Maximum fee schedule. +Sec. +48A-43.1.   Towing fee studies. +ARTICLE VII. +VEHICLES AND EQUIPMENT. +Sec. +48A-44.   Vehicles and equipment. +ARTICLE VIII. +ENFORCEMENT. +Sec. +48A-45.   Authority to inspect. +Sec. +48A-46.   Enforcement by police department. +Sec. +48A-47.   Correction order. +Sec. +48A-48.   Service of notice. +Sec. +48A-49.   Appeal. +Sec. +48A-50.   Offenses. +ARTICLE I. +GENERAL PROVISIONS. +SEC. 48A-1.   STATEMENT OF POLICY. +   It is the policy of the city to provide for the protection of the public +interest as it relates to the parking of vehicles on private property and to +the removal of those vehicles to vehicle storage facilities without the consent +of the vehicle owners or operators. To this end, this chapter provides for the +regulation of vehicle tow service, to be administered in a manner that protects +the public health and safety and promotes the public convenience and necessity. +(Ord. Nos. 19099; 21435; 24175) +SEC. 48A-2.   GENERAL AUTHORITY AND DUTY OF DIRECTOR. +   The director shall implement and enforce this chapter and may by written +order establish such rules and regulations, consistent with this chapter, as +may be determined necessary to discharge the director’s duty under, or to +effect the policy of, this chapter. (Ord. Nos. 19099; 21435; 24175) +SEC. 48A-3.   ESTABLISHMENT OF RULES AND REGULATIONS. +   (a)   Before adopting, amending, or abolishing a rule or regulation, the +director shall hold a public hearing on the proposal. +   (b)   The director shall fix the time and place of the hearing and, in +addition to notice required under the Open Meetings Act (Chapter 551, Texas +Government Code), as amended, shall notify each licensee and such other persons +as the director determines are interested in the subject matter of the hearing. +   (c)   After the public hearing, the director shall notify the licensees and +other interested persons of the action taken and shall post an order adopting, +amending, or abolishing a rule or regulation on the official bulletin board in +the city hall for a period of not fewer than 10 days. The order becomes +effective immediately upon expiration of the posting period. (Ord. Nos. 21435; +24175) +SEC. 48A-4.   EXCEPTIONS. +   This chapter does not apply to: +      (1)   a person towing a vehicle with the consent of the vehicle owner or +operator; +      (2)   the removal of a vehicle from private property with the consent of +the vehicle owner or operator; +      (3)   a person parking or storing a vehicle with the consent of the +vehicle owner or operator; +      (4)   the parking or storing of a vehicle with the consent of the vehicle +owner or operator; or +      (5)   a vehicle storage facility at which vehicles are parked or stored +solely with the consent of the vehicle owner or operator. (Ord. Nos. 19099; +21435; 24175) +SEC. 48A-5.   DEFINITIONS. +   In this chapter: +      (1)   CITY means the city of Dallas, Texas. +      (2)   CHIEF OF POLICE means the chief of police for the city of Dallas or +a designated representative. +      (3)   CONSENT TOW means any tow of a vehicle initiated by the owner or +operator of the vehicle or by a person who has possession, custody, or control +of the vehicle. The term does not include a tow of a vehicle initiated by a +peace officer investigating a traffic accident or a traffic incident that +involves the vehicle. +      (4)   CONVICTION means a conviction in a federal court or court of any +state or foreign nation or political subdivision of a state or foreign nation +that has not been reversed, vacated, or pardoned. +      (5)   DIRECTOR means the director of the department designated by the +city manager to enforce and administer this chapter, and includes +representatives, agents, and department employees designated by the director. +      (6)   DRIVER means an individual who drives or operates a wrecker. +      (7)   HEAVY DUTY WRECKER means a wrecker that has: +         (A)   a manufacturer’s gross vehicle weight rating of not less than +48,000 pounds; and +         (B)   either: +            (i)   a power operated winch, winch line, and boom, with a factory- +rated lifting capacity of not less than 50,000 pounds and a dual line capacity +of not less than 20,000 pounds; or +            (ii)   an underlift device with a factory-rated lifting capacity of +not less than 10,000 pounds when extended. +      (8)   ILLEGALLY PARKED or UNAUTHORIZED VEHICLE means a vehicle that is: +         (A)   parked, stored, or located on private property without the +consent of the property owner; +         (B)   parked in or obstructing a fire lane, aisle, entrance, exit, +driveway, or other area not designated for the parking of vehicles; or +         (C)   parked in an area designated for the parking of vehicles but +fails to display a valid parking decal, emblem, badge, sticker, ticket, or +other identification required by the property owner for parking in a designated +area or space. +      (9)   LAWFUL ORDER means a verbal or written directive that: +         (A)   is issued by the director in the performance of official duties +in the enforcement of this chapter and any rules and regulations promulgated +under this chapter; and +         (B)   does not violate the United States Constitution or the Texas +Constitution. +      (10)   LICENSEE means a person licensed under this chapter to engage in +vehicle tow service. The term includes any owner or operator of the licensed +business, but does not include a subcontractor unless the use of the +subcontractor is authorized pursuant to Section +48A-7(e) of this chapter. +      (11)   LIGHT DUTY WRECKER means a wrecker that has: +         (A)   a manufacturer’s gross vehicle weight rating of not less than +10,000 pounds; and +         (B)   either: +            (i)   a power operated winch, winch line, and boom, with a factory- +rated lifting capacity of not less than 8,000 pounds, single line capacity; or +            (ii)   an underlift device with a factory-rated lifting capacity of +not less than 3,000 pounds when extended. +      (12)   MEDIUM DUTY WRECKER means a wrecker that has: +         (A)   a manufacturer’s gross vehicle weight rating of not less than +18,000 pounds; and +         (B)   either: +            (i)   a power operated winch, winch line, and boom, with a factory- +rated lifting capacity of not less than 24,000 pounds and a dual line capacity +of not less than 8,000 pounds; or +            (ii)   an underlift device with a factory-rated lifting capacity of +not less than 6,000 pounds when extended. +      (13)   NONCONSENT TOW means any tow of a vehicle that is not a consent +tow. +      (14)   OPERATE means to drive or to be in control of a wrecker. +      (15)   OPERATOR means the holder of a vehicle tow service license. +      (16)   PERMITTEE means an individual who has been issued a wrecker +driver’s permit under this chapter. +      (17)   PERSON means an individual, assumed name entity, partnership, +joint-venture, association, corporation, or other legal entity. +      (18)   POLICE DEPARTMENT means the police department of the city of +Dallas. +      (19)   PROPERTY ENTRANCE means any point located on private property that +is designed to provide access by a vehicle to the private property. +      (20)   PROPERTY OWNER means a person, or the person’s agent or lessee, +who holds legal title, deed, or right-of-occupancy to private property, but +does not include a vehicle tow service licensee or an employee or +representative of a vehicle tow service licensee. +      (21)   STREET means any public street, alley, road, right-of-way, or +other public way within the corporate limits of the city. The term includes all +paved and unpaved portions of the right-of-way. +      (22)   VEHICLE means a device in, on, or by which a person or property +may be transported on a public street. The term includes, but is not limited +to, an operable or inoperable automobile, truck, motorcycle, recreational +vehicle, or trailer, but does not include a device moved by human power or used +exclusively on a stationary rail or track. +      (23)   VEHICLE OWNER or OPERATOR means a person, or the designated agent +of a person, who: +         (A)   holds legal title to a vehicle, including any lienholder of +record; or +         (B)   has legal right of possession or legal control of a vehicle. +      (24)   VEHICLE STORAGE FACILITY has the meaning given that term in the +Vehicle Storage Facility Act. +      (25)   VEHICLE STORAGE FACILITY ACT means Chapter 2303 of the Texas +Occupations Code, as amended. +      (26)   VEHICLE TOW SERVICE means the business of towing an illegally +parked or unauthorized vehicle from private property. +      (27)   WRECKER means a vehicle designed for the towing of other vehicles. +      (28)   WRECKER DRIVER’S PERMIT means a permit issued under this chapter +to an individual by the director authorizing that individual to operate a +wrecker for a vehicle tow service in the city. (Ord. Nos. 19099; 19312; 21435; +23106; 24175; 25812) +ARTICLE II. +VEHICLE TOW SERVICE LICENSE. +SEC. 48A-6.   LICENSE REQUIRED; APPLICATION. +   (a)   A person commits an offense if, within the city, he, or his agent or +employee: +      (1)   engages in vehicle tow service for compensation without a valid +vehicle tow service license issued by the director under this article; +      (2)   causes a vehicle to be removed from private property, without the +consent of the vehicle owner or operator, by a vehicle tow service not licensed +by the director under this article; or +      (3)   employs or contracts with a vehicle tow service not licensed by the +director under this article for the purpose of having a vehicle removed from +private property without the consent of the vehicle owner or operator. +   (b)   To obtain a vehicle tow service license, a person must make written +application to the director upon a form provided for that purpose. The +application must be signed by the person who will own, control, or operate the +proposed vehicle tow service. The application must be verified and include the +following: +      (1)   the name, address, and telephone number of the applicant, the trade +name under which the applicant does business, the street address and telephone +number of the vehicle tow service establishment, and the name, street address, +and telephone number of each vehicle storage facility used by the vehicle tow +service; +      (2)   the number and types of vehicles to be operated, including the +year, make, model, vehicle identification number, and state license plate +number of, and the type of winch to be operated on, each wrecker; +      (3)   documentary evidence from an insurance company indicating a +willingness to provide liability insurance as required by this chapter; +      (4)   a statement attesting that each wrecker used by the vehicle tow +service has been rendered for ad valorem taxation in the city and that the +applicant is current on payment of those taxes; +      (5)   a list, to be kept current, of the owners and management personnel +of the vehicle tow service, and of all employees who will participate in +vehicle tow service, including names, dates of birth, state driver’s license +numbers, social security numbers, and wrecker driver’s permit numbers; +      (6)   a copy of a written agreement, if one exists, between the vehicle +tow service and each vehicle storage facility used by the tow service, other +than its own, and proof that each vehicle storage facility used is currently +licensed under the Texas Vehicle Storage Facility Act; +      (7)   a list of what methods of payment the applicant will accept from a +vehicle owner for vehicle tow service; +      (8)   any other information deemed necessary by the director; and +      (9)   a nonrefundable application processing fee of $135. +   (c)   A person desiring to engage in vehicle tow service shall register with +the director a trade name that clearly differentiates the person’s company from +all other companies engaging in vehicle tow service and shall use no other +trade name for the vehicle tow service. (Ord. Nos. 19099; 21435; 24175; 27695; +30215) +SEC. 48A-7.   LICENSE QUALIFICATIONS. +   (a)   To qualify for a vehicle tow service license, an applicant must: +      (1)   be at least 19 years of age; +      (2)   be currently authorized to work full-time in the United States; +      (3)   be able to communicate in the English language; and +      (4)   not have been convicted of a crime: +         (A)   involving: +            (i)   criminal homicide as described in Chapter 19 of the Texas +Penal Code; +            (ii)   kidnapping as described in Chapter 20 of the Texas Penal +Code; +            (iii)   a sexual offense as described in Chapter 21 of the Texas +Penal Code; +            (iv)   an assaultive offense as described in Chapter 22 of the +Texas Penal Code; +            (v)   robbery as described in Chapter 29 of the Texas Penal Code; +            (vi)   burglary as described in Chapter 30 of the Texas Penal Code, +but only if the offense was committed against a person with whom the applicant +came in contact while engaged in vehicle tow service; +            (vii)   theft as described in Chapter 31 of the Texas Penal Code, +but only if the offense was committed against a person with whom the applicant +came in contact while engaged in vehicle tow service; +            (viii) fraud as described in Chapter 32 of the Texas Penal Code, +but only if the offense was committed against a person with whom the applicant +came in contact while engaged in vehicle tow service; +            (ix)   tampering with a governmental record as described in Chapter +37 of the Texas Penal Code, but only if the offense was committed against a +person with whom the applicant came in contact while engaged in vehicle tow +service; +            (x)   public indecency (prostitution or obscenity) as described in +Chapter 43 of the Texas Penal Code; +            (xi)   the transfer, carrying, or possession of a weapon in +violation of Chapter 46 of the Texas Penal Code, or of any comparable state or +federal law, but only if the violation is punishable as a felony under the +applicable law; +            (xii)   a violation of the Dangerous Drugs Act (Article 4476-14, +Vernon’s Texas Civil Statutes), or of any comparable state or federal law, but +only if the violation is punishable as a felony under the applicable law; +            (xiii) a violation of the Controlled Substances Act (Article 4476- +15, Vernon’s Texas Civil Statutes), or of any comparable state or federal law, +but only if the violation is punishable as a felony under the applicable law; +            (xiv)   criminal attempt to commit any of the offenses listed in +Subdivision (4)(A)(i) through (xiii) of this subsection; and +         (B)   for which: +            (i)   less than two years have elapsed since the date of conviction +or the date of release from confinement imposed for the conviction, whichever +is the later date, if the applicant was convicted of a misdemeanor offense; +            (ii)   less than five years have elapsed since the date of +conviction or the date of release from confinement for the conviction, +whichever is the later date, if the applicant was convicted of a felony +offense; or +            (iii)   less than five years have elapsed since the date of the +last conviction or the date of release from confinement for the last +conviction, whichever is the later date, if, within any 24-month period, the +applicant has two or more convictions of any misdemeanor offense or combination +of misdemeanor offenses; +      (5)   not be addicted to the use of alcohol or narcotics; +      (6)   be subject to no outstanding warrants of arrest; +      (7)   not employ any person who is not qualified under this subsection. +   (b)   An applicant who has been convicted of, or who employs a person who +has been convicted of, an offense listed in Subsection (a)(4), for which the +required time period has elapsed since the date of conviction or the date of +release from confinement imposed for the conviction, may qualify for a vehicle +tow service license only if the director determines that the applicant, or the +employee, is presently fit to engage in the business of a vehicle tow service. +In determining present fitness under this section, the director shall consider +the following: +      (1)   the extent and nature of the applicant’s, or employee’s, past +criminal activity; +      (2)   the age of the applicant, or employee, at the time of the +commission of the crime; +      (3)   the amount of time that has elapsed since the applicant’s, or +employee’s, last criminal activity; +      (4)   the conduct and work activity of the applicant, or employee, prior +to and following the criminal activity; +      (5)   evidence of the applicant’s, or employee’s, rehabilitation or +rehabilitative effort while incarcerated or following release; and +      (6)   other evidence of the applicant’s, or employee’s, present fitness, +including letters of recommendation from prosecution, law enforcement, and +correctional officers who prosecuted, arrested, or had custodial responsibility +for the applicant, or employee; the sheriff and chief of police in the +community where the applicant, or employee, resides; and any other persons in +contact with the applicant, or employee. +   (c)   It is the responsibility of the applicant, to the extent possible, to +secure and provide to the director the evidence required to determine present +fitness under Subsection (b) of this section. +   (d)   A licensee shall maintain a permanent and established place of +business at a location within the city where a vehicle tow service is not +prohibited by the Dallas Development Code. A licensee shall use only vehicle +storage facilities located within the city where a vehicle storage facility is +not prohibited by the Dallas Development Code. +   (e)   A licensee shall use employees only to provide vehicle tow service; +except, that vehicle tow services licensed under this article may subcontract +with each other to provide tow service. (Ord. Nos. 19099; 21282; 21435; 24175) +SEC. 48A-8.   LICENSE ISSUANCE; FEE; DISPLAY; TRANSFERABILITY; EXPIRATION. +   (a)   The director shall, within 30 days after the date of application, +issue a vehicle tow service license to an applicant who complies with the +provisions of this article. +   (b)   A license issued to a vehicle tow service authorizes the licensee and +any bona fide employee to engage in vehicle tow service. +   (c)   The annual fee for a vehicle tow service license is $362, prorated on +the basis of whole months. The fee for issuing a duplicate license for one +lost, destroyed, or mutilated is $5. The fee is payable to the director upon +issuance of a license. No refund of a license fee will be made. +   (d)   A vehicle tow service license issued pursuant to this article must be +conspicuously displayed in the vehicle tow service establishment. +   (e)   A vehicle tow service license, or any accompanying permit, badge, +sticker, ticket, or emblem, is not assignable or transferable. +   (f)   A vehicle tow service license expires June 30 of each year and may be +renewed by applying in accordance with Section +48A-6. Application for renewal must be made not less than 30 days or more than +60 days before expiration of the license and must be accompanied by the annual +license fee. (Ord. Nos. 19099; 19300; 21435; 24175; 30215) +SEC. 48A-9.   REFUSAL TO ISSUE OR RENEW LICENSE. +   (a)   The director shall refuse to issue or renew a vehicle tow service +license if the applicant or licensee: +      (1)   intentionally or knowingly makes a false statement as to a material +matter in an application for a license or license renewal, or in a hearing +concerning the license; +      (2)   has been convicted twice within a 12-month period or three times +within a 24-month period for violation of this chapter or has had a vehicle tow +service license revoked within two years prior to the date of application; +      (3)   uses a trade name for the vehicle tow service other than the one +registered with the director; +      (4)   is not qualified under Section +48A-7 of this article; +      (5)   uses a subcontractor to provide vehicle tow service, unless the use +of the subcontractor is authorized pursuant to Section +48A-7(e) of this chapter; or +      (6)   has been finally convicted for violation of another city, state, or +federal law that indicates a lack of fitness of the applicant to perform +vehicle tow service. +   (b)   If the director determines that a license should be denied the +applicant or licensee, the director shall notify the applicant or licensee in +writing that the application is denied and include in the notice the specific +reason or reasons for denial and a statement informing the applicant or +licensee of the right to, and process for, appeal of the decision. (Ord. Nos. +19099; 21435; 24175) +SEC. 48A-10.   REVOCATION OF LICENSE. +   The director shall revoke a vehicle tow service license if the director +determines that the licensee has: +   (1)   intentionally or knowingly made a false statement as to a material +matter in the application or hearing concerning the license; +   (2)   intentionally or knowingly failed to comply with applicable provisions +of this chapter or with the conditions and limitations of the license; +   (3)   operated a towing service not authorized by the license or other +applicable law; +   (4)   been finally convicted for violation of another city, state, or +federal law that indicates a lack of fitness of the licensee to perform vehicle +tow service; +   (5)   is under indictment for or has been convicted of any felony offense +while holding a license; +   (6)   does not qualify for a license under Section +48A-7 of this chapter; or +   (7)   failed to pay a license fee required under this chapter. (Ord. Nos. +21435; 24175) +SEC. 48A-11.   APPEALS. +   Any person whose application for a license or license renewal is denied by +the director, or a licensee whose license has been revoked or suspended by the +director, may file an appeal with a permit and license appeal board in +accordance with Section +2-96 of this code. (Ord. Nos. 21435; 24175) +ARTICLE III. +WRECKER DRIVER’S PERMIT. +SEC. 48A-12.   WRECKER DRIVER’S PERMIT REQUIRED. +   (a)   A person commits an offense if he operates a wrecker engaged in +vehicle tow service in the city without a valid wrecker driver’s permit issued +to the person under this article. +   (b)   A licensee commits an offense if he employs or otherwise allows a +person to operate for compensation a wrecker owned, controlled, or operated by +the licensee unless the person has a valid wrecker driver’s permit issued under +this article. (Ord. Nos. 21435; 24175) +SEC. 48A-13.   QUALIFICATIONS FOR A WRECKER DRIVER’S PERMIT. +   (a)   To qualify for a wrecker driver’s permit, an applicant must: +      (1)   be at least 19 years of age; +      (2)   be currently authorized to work full- time in the United States; +      (3)   hold a valid driver’s license issued by the State of Texas; +      (4)   be able to communicate in the English language; +      (5)   not be afflicted with a physical or mental disease or disability +that is likely to prevent the applicant from exercising ordinary and reasonable +control over a motor vehicle or that is likely to otherwise endanger the public +health or safety, as determined by a medical doctor licensed to practice +medicine in the United States; +      (6)   not have been convicted of more than four moving traffic violations +arising out of separate transactions, nor involved in more than two motor +vehicle accidents in which it could be reasonably determined that the applicant +was at fault, within any 12 month period during the preceding 36 months; +      (7)   not have been convicted of a crime: +         (A)   involving: +            (i)   criminal homicide as described in Chapter 19 of the Texas +Penal Code; +            (ii)   kidnapping as described in Chapter 20 of the Texas Penal +Code; +            (iii)   a sexual offense as described in Chapter 21 of the Texas +Penal Code; +            (iv)   an assaultive offense as described in Chapter 22 of the +Texas Penal Code; +            (v)   robbery as described in Chapter 29 of the Texas Penal Code; +            (vi)   burglary as described in Chapter 30 of the Texas Penal Code, +but only if the offense was committed against a person with whom the applicant +came in contact while engaged in vehicle tow service; +            (vii)   theft as described in Chapter 31 of the Texas Penal Code, +but only if the offense was committed against a person with whom the applicant +came in contact while engaged in vehicle tow service; +            (viii)   fraud as described in Chapter 32 of the Texas Penal Code, +but only if the offense was committed against a person with whom the applicant +came in contact while engaged in vehicle tow service; +            (ix)   tampering with a governmental record as described in Chapter +37 of the Texas Penal Code, but only if the offense was committed against a +person with whom the applicant came in contact while engaged in vehicle tow +service; +            (x)   public indecency (prostitution or obscenity) as described in +Chapter 43 of the Texas Penal Code; +            (xi)   the transfer, carrying, or possession of a weapon in +violation of Chapter 46 of the Texas Penal Code, or of any comparable state or +federal law, but only if the violation is punishable as a felony under the +applicable law; +            (xii)   a violation of the Dangerous Drugs Act (Article 4476-14, +Vernon’s Texas Civil Statutes), or of any comparable state or federal law, that +is punishable as a felony under the applicable law; +            (xiii)   a violation of the Controlled Substances Act (Article +4476-15, Vernon’s Texas Civil Statutes), or of any comparable state or federal +law, that is punishable as a felony under the applicable law; or +            (xiv)   criminal attempt to commit any of the offenses listed in +Subdivision (7)(A)(i) through (xiii) of this subsection; +         (B)   for which: +            (i)   less than two years have elapsed since the date of conviction +or the date of release from confinement imposed for the conviction, whichever +is the later date, if the applicant was convicted of a misdemeanor offense; +            (ii)   less than five years have elapsed since the date of +conviction or the date of release from confinement for the conviction, +whichever is the later date, if the applicant was convicted of a felony +offense; or +            (iii)   less than five years have elapsed since the date of the +last conviction or the date of release from confinement for the last +conviction, whichever is the later date, if, within any 24-month period, the +applicant has two or more convictions of any misdemeanor offense or combination +of misdemeanor offenses; +      (8)   not have been convicted of, or discharged by probation or deferred +adjudication for, driving while intoxicated: +         (A)   within the preceding 12 months; or +         (B)   more than one time within the preceding five years; +      (9)   not be addicted to the use of alcohol or narcotics; +      (10)   be subject to no outstanding warrants of arrest; +      (11)   be sanitary and well-groomed in dress and person; +      (12)   be employed by the licensee; and +      (13)   have successfully completed within the preceding 12 months a +defensive driving course approved by the Texas Education Agency and be able to +present proof of completion. +   (b)   An applicant who has been convicted of an offense listed in Subsection +(a)(7) or (8), for which the required time period has elapsed since the date of +conviction or the date of release from confinement imposed for the conviction, +may qualify for a wrecker driver’s permit only if the director determines that +the applicant is presently fit to engage in the occupation of a wrecker driver. +In determining present fitness under this section, the director shall consider +the following: +      (1)   the extent and nature of the applicant’s past criminal activity; +      (2)   the age of the applicant at the time of the commission of the +crime; +      (3)   the amount of time that has elapsed since the applicant’s last +criminal activity; +      (4)   the conduct and work activity of the applicant prior to and +following the criminal activity; +      (5)   evidence of the applicant’s rehabilitation or rehabilitative effort +while incarcerated or following release; and +      (6)   other evidence of the applicant’s present fitness, including +letters of recommendation from prosecution, law enforcement, and correctional +officers who prosecuted, arrested, or had custodial responsibility for the +applicant; the sheriff and chief of police in the community where the applicant +resides; and any other persons in contact with the applicant. +   (c)   It is the responsibility of the applicant, to the extent possible, to +secure and provide to the director the evidence required to determine present +fitness under Subsection (b) of this section and under Section +48A-19 of this article. (Ord. Nos. 21435; 24175) +SEC. 48A-14.   APPLICATION FOR WRECKER DRIVER’S PERMIT; FEE. +   To obtain a wrecker driver's permit, or renewal of a wrecker driver's +permit, a person must file with the director a completed written application on +a form provided for the purpose and a nonrefundable application fee of $32. The +director shall require each application to state such information as the +director reasonably considers necessary to determine whether an applicant is +qualified. (Ord. Nos. 21435; 24175; 27695; 30215) +SEC. 48A-15.   INVESTIGATION OF APPLICATION. +   (a)   For the purpose of determining qualification under Section +48A-13(a)(5), the director may require an applicant to submit to a physical +examination conducted by a licensed physician, at applicant’s expense, and to +furnish to the director a signed statement from the physician certifying that +the physician has examined the applicant and that in the physician’s +professional opinion the applicant is qualified under Section +48A-13(a)(5). +   (b)   Upon request of the director, the police department shall investigate +each applicant and furnish the director a report concerning the applicant’s +qualification under Section +48A-13. The municipal court shall furnish the director a copy of the +applicant’s motor vehicle driving record and a list of any warrants of arrest +for the applicant which might be outstanding. +   (c)   The director may conduct such other investigation as the director +considers necessary to determine whether an applicant for a wrecker driver’s +permit is qualified. +   (d)   The director shall provide the applicant, upon written request, a copy +of all materials contained in the applicant’s file to the extent allowed under +the Public Information Act (Chapter 552, Texas Government Code), as amended. +(Ord. Nos. 21435; 24175) +SEC. 48A-16.   ISSUANCE AND DENIAL OF WRECKER DRIVER’S PERMIT. +   (a)   The director shall issue a wrecker driver’s permit to an applicant, +unless the director determines that the applicant is not qualified. +   (b)   The director shall delay until final adjudication the approval of the +application of any applicant who is under indictment for or has charges pending +for: +      (1)   a felony offense involving a crime described in Section +48A-13(a)(7)(A)(i), (ii), (iii), (iv), or (v) or criminal attempt to commit any +of those offenses; or +      (2)   any offense involving driving while intoxicated. +   (c)   The director shall deny the application for a wrecker driver’s permit +if the applicant: +      (1)   is not qualified under Section +48A-13; +      (2)   refuses to submit to or does not pass a medical examination +authorized under Section +48A-15(a); or +      (3)   intentionally or knowingly makes a false statement of a material +fact in an application for a wrecker driver’s permit. +   (d)   If the director determines that a permit should be denied the +applicant, the director shall notify the applicant in writing that the +application is denied and include in the notice the specific reason or reasons +for denial and a statement informing the applicant of the right to, and process +for, appeal of the decision. (Ord. Nos. 21435; 24175) +SEC. 48A-17.   EXPIRATION OF WRECKER DRIVER’S PERMIT; VOIDANCE UPON SUSPENSION +OR REVOCATION OF STATE DRIVER’S LICENSE. +   (a)   Except in the case of a probationary or provisional permit, a wrecker +driver’s permit expires one year from the date of issuance. +   (b)   If a permittee’s state driver’s license is suspended or revoked by the +state, the wrecker driver’s permit automatically becomes void. A permittee +shall notify the director and the licensee for whom the permittee drives within +three days of a suspension or revocation of a state driver’s license and shall +immediately surrender the wrecker driver’s permit to the director. (Ord. Nos. +21435; 24175) +SEC. 48A-18.   PROVISIONAL PERMIT. +   (a)   The director may issue a provisional wrecker driver’s permit if the +director determines that it is necessary pending completion of investigation of +an applicant for a wrecker driver’s permit. +   (b)   A provisional wrecker driver’s permit expires on the date shown on the +permit, which date shall not exceed 45 days after the date of issuance, or on +the date the applicant is denied a wrecker driver’s permit, whichever occurs +first. +   (c)   The director shall not issue a provisional permit to a person who has +been previously denied a wrecker driver’s permit. (Ord. Nos. 21435; 24175) +SEC. 48A-19.   PROBATIONARY PERMIT. +   (a)   The director may issue a probationary wrecker driver’s permit to an +applicant who is not qualified for a wrecker driver’s permit under Section +48A-13 if the applicant: +      (1)   could qualify under Section +48A-13 for a wrecker driver’s permit within one year from the date of +application; +      (2)   holds a valid state driver’s license or occupational driver’s +license; and +      (3)   is determined by the director, using the criteria listed in Section +48A-13(b) of this article, to be presently fit to engage in the occupation of a +wrecker driver. +   (b)   A probationary wrecker driver’s permit may be issued for a period not +to exceed one year. +   (c)   The director may prescribe appropriate terms and conditions for a +probationary wrecker driver’s permit as the director determines are necessary. +(Ord. Nos. 21435; 24175) +SEC. 48A-20.   DUPLICATE PERMIT. +   If a wrecker driver's permit is lost or destroyed, the director shall issue +the permittee a duplicate permit upon payment to the city of a duplicate permit +fee of $16. (Ord. Nos. 21435; 24175; 27695; 30215) +SEC. 48A-21.   DISPLAY OF PERMIT. +   A wrecker driver shall at all times conspicuously display a wrecker driver’s +permit on the clothing of the driver’s upper body. A wrecker driver shall allow +the director or a peace officer to examine the wrecker driver’s permit upon +request. (Ord. Nos. 21435; 24175) +SEC. 48A-22.   SUSPENSION BY A DESIGNATED REPRESENTATIVE. +   (a)   If a duly authorized representative designated by the director to +enforce this chapter determines that a permittee has failed to comply with this +chapter (except Section +48A-13) or a regulation established under this chapter, the representative may +suspend the wrecker driver’s permit for a period of time not to exceed three +days by personally serving the permittee with a written notice of the +suspension. The written notice must include the reason for suspension, the date +the suspension begins, the duration of the suspension, and a statement +informing the permittee of the right of appeal. +   (b)   A suspension under this section may be appealed to the director or the +director’s assistant if the permittee requests an appeal at the time the +representative serves notice of suspension or within 10 days after the notice +of suspension is served. When an appeal is requested, the suspension may not +take effect until a hearing is provided by the director or the director’s +assistant. +   (c)   The director may order an expedited hearing under this section, to be +held as soon as possible after the permittee requests an appeal, but at least +10 days advance notice of the hearing must be given to the permittee. The +director may affirm, reverse, or modify the order of the representative. The +decision of the director is final. (Ord. Nos. 21435; 24175) +SEC. 48A-23.   SUSPENSION OF WRECKER DRIVER’S PERMIT. +   (a)   If the director determines that a permittee has failed to comply with +this chapter (except Section +48A-13) or any regulation established under this chapter, the director shall +suspend the wrecker driver’s permit for a definite period of time not to exceed +60 days. +   (b)   If at any time the director determines that a permittee is not +qualified under Section +48A-13, or is under indictment or has charges pending for any offense involving +driving while intoxicated or a felony offense involving a crime described in +Section +48A-13(a)(7)(A)(i), (ii), (iii), (iv), or (v) or criminal attempt to commit any +of those offenses, the director shall suspend the wrecker driver’s permit until +such time as the director determines that the permittee is qualified or that +the charges against the permittee have been finally adjudicated. +   (c)   A permittee whose wrecker driver’s permit is suspended shall not drive +a wrecker for a vehicle tow service inside the city during the period of +suspension. +   (d)   The director shall notify the permittee in writing of a suspension +under this section and include in the notice: +      (1)   the reason for the suspension; +      (2)   the date the suspension is to begin; +      (3)   the duration of the suspension; and +      (4)   a statement informing the permittee of the right of appeal. +   (e)   The period of suspension begins on the date specified by the director +or, in the case of an appeal, on the date ordered by the appeal hearing +officer. (Ord. Nos. 19099; 21282; 21435; 24175) +SEC. 48A-24.   REVOCATION OF WRECKER DRIVER’S PERMIT. +   (a) The director shall revoke a wrecker driver’s permit if the director +determines that a permittee: +      (1)   operated a wrecker inside the city for a vehicle tow service during +a period when the wrecker driver’s permit was suspended; +      (2)   intentionally or knowingly made a false statement of a material +fact in an application for a wrecker driver’s permit; +      (3)   engaged in conduct that constitutes a ground for suspension under +Section +48A-23 (a), and, at least two times within the 12-month period preceding the +conduct or three times within the 24- month period preceding the conduct, had +received either a suspension in excess of three days or a conviction for +violation of this chapter; +      (4)   engaged in conduct that could reasonably be determined to be +detrimental to the public safety; +      (5)   failed to comply with a condition of a probationary permit; or +      (6)   is under indictment for or has been convicted of any felony offense +while holding a wrecker driver’s permit. +   (b)   A person whose wrecker driver’s permit is revoked shall not: +      (1)   apply for another wrecker driver’s permit before the expiration of +12 months from the date the director revokes the permit or, in the case of an +appeal, the date the appeal hearing officer affirms the revocation; or +      (2)   operate a wrecker for a vehicle tow service inside the city. +   (c)   The director shall notify the permittee and the licensee in writing of +a revocation and include in the notice: +      (1)   the specific reason or reasons for the revocation; +      (2)   the date the director orders the revocation; and +      (3)   a statement informing the permittee of the right to, and process +for, appeal of the decision. (Ord. Nos. 19099; 21282; 21435; 24175) +SEC. 48A-25.   WRECKER OPERATION AFTER SUSPENSION OR REVOCATION. +   (a)   After receipt of a notice of suspension, revocation, or denial of +permit renewal, the permittee shall, on the date specified in the notice, +surrender the wrecker driver’s permit to the director and discontinue operating +a wrecker for a vehicle tow service inside the city. +   (b)   Notwithstanding Section +48A-23(c), Section +48A-24(b), and Subsection (a) of this section, if the permittee appeals a +suspension or revocation under this section, the permittee may continue to +operate a wrecker for a vehicle tow service pending the appeal unless: +      (1)   the permittee’s wrecker driver’s permit is suspended pursuant to +Section +48A-23(b) or revoked pursuant to Section +48A-24(a)(6) of this article; or +      (2)   the director determines that continued operation by the permittee +would impose a serious and imminent threat to the public safety. (Ord. Nos. +19099; 21282; 21435; 24175) +SEC. 48A-26.   APPEAL FROM DENIAL, SUSPENSION, OR REVOCATION. +   (a)   If the director denies, suspends, or revokes a wrecker driver’s +permit, the action is final unless the permittee files an appeal, in writing, +with the city manager not more than 10 business days after notice of the +director’s action is received. +   (b)   The city manager or a designated representative shall act as the +appeal hearing officer in an appeal hearing under this section. The hearing +officer shall give the appealing party an opportunity to present evidence and +make argument. The formal rules of evidence do not apply to an appeal hearing +under this section, and the hearing officer shall make a ruling on the basis of +a preponderance of the evidence presented at the hearing. +   (c)   The hearing officer may affirm, modify, or reverse all or part of the +action of the director being appealed. The decision of the hearing officer is +final as to available administrative remedies. (Ord. Nos. 19099; 21435; 24175) +ARTICLE IV. +MISCELLANEOUS LICENSEE AND DRIVER REGULATIONS. +SEC. 48A-27.   LICENSEE’S AND DRIVER’S DUTY TO COMPLY. +   (a)   Licensee. In the operation of a vehicle tow service, a licensee shall +comply with the terms and conditions of the vehicle tow service license and, +except to the extent expressly provided otherwise by the license, shall comply +with this chapter, rules and regulations established under this chapter, and +other law applicable to the operation of a vehicle tow service. +   (b)   Driver. While on duty, a driver shall comply with this chapter, +regulations established under this chapter, other law applicable to the +operation of a motor vehicle in this state, and orders issued by the licensee +employing, or contracting with, the driver in connection with the licensee’s +discharging of its duty under its vehicle tow service license and this chapter. +(Ord. Nos. 21435; 24175) +SEC. 48A-28.   LICENSEE’S DUTY TO ENFORCE COMPLIANCE BY DRIVERS. +   (a)   A licensee shall establish policy and take action to discourage, +prevent, or correct violations of this chapter by drivers who are employed by, +or under contract to, the licensee. +   (b)   A licensee shall not permit a driver who is employed by, or under +contract to, the licensee to drive a wrecker if the licensee knows or has +reasonable cause to suspect that the driver has failed to comply with this +chapter, the rules and regulations established by the director, or other +applicable law. (Ord. Nos. 21435; 24175) +SEC. 48A-29.   INSURANCE. +   (a)   A licensee shall procure and keep in full force and effect automobile +liability insurance written by an insurance company that: +      (1)   is approved, licensed, or authorized by the State of Texas; +      (2)   is acceptable to the city; and +      (3)   does not violate the ownership/ operational control prohibition +described in Subsection (j) of this section. +   (b)   The insurance must be issued in the standard form approved by the +Texas Department of Insurance, and all provisions of the policy must be +acceptable to the city. The insured provisions of the policy must name the city +and its officers and employees as additional insureds. The coverage provisions +must provide coverage for any loss or damage that may arise to any person or +property by reason of the operation of a vehicle tow service by the licensee, +including but not limited to damage to a towed vehicle caused directly or +indirectly by improper hookup or improper towing. +   (c)   The automobile liability insurance must provide combined single limits +of liability for bodily injury and property damage of not less than $500,000 +for each occurrence, or the equivalent, for each wrecker used by the licensee. +Aggregate limits of liability are prohibited. +   (d)   The insurance for vehicles while being loaded, unloaded, or +transported must provide limits of liability of not less than $25,000 for each +light duty wrecker and $50,000 for each medium duty or heavy duty wrecker. +   (e)   If a vehicle is removed from service, the licensee shall maintain the +insurance coverage required by this section for the vehicle until the director +receives satisfactory proof that all evidence of operation as a wrecker for a +vehicle tow service has been removed from the vehicle. +   (f)   The insurance required under this section must include: +      (1)   a cancellation provision in which the insurance company is required +to notify the director in writing not fewer than 30 days before canceling, +failing to renew, or making a material change to the insurance policy; +      (2)   a provision to cover all vehicles, whether owned or not owned by +the licensee, that are operated under the license, except for any vehicle that: +         (A)   has been subcontracted from another licensee pursuant to Section +48A-7(e) of this chapter; and +         (B)   is covered by insurance of the other licensee that meets the +requirements of this chapter and that includes coverage for use of the vehicle +by subcontractors; and +      (3)   a provision requiring the insurance company to pay every claim on a +first-dollar basis. +   (g)   Insurance required by this section may be obtained from an assigned +risk pool if all of the policies and coverages are managed by one agent, and +one certificate of insurance is issued to the city. +   (h)   A license will not be granted or renewed unless the applicant or +licensee furnishes the director with such proof of insurance as the director +considers necessary to determine whether the applicant or licensee is +adequately insured under this section. +   (i)   If the insurance of a licensee lapses or is canceled and new insurance +is not obtained, the director shall suspend the license until the licensee +provides evidence that insurance coverage required by this section has been +obtained. A person shall not operate a vehicle tow service while a license is +suspended under this section whether or not the action is appealed. A $105 fee +must be paid before a license suspended under this section will be reinstated. +   (j)   No person with any direct or indirect ownership interest in the +licensee’s vehicle tow service may have any operational control, direct or +indirect, in any insurance company that provides insurance required by this +section to the vehicle tow service. For purposes of this subsection, +“operational control” means holding any management position with the insurance +company (including, but not limited to, the chief executive officer, the +president, any vice-president, or any person in a decision- making position +with respect to insurance claims) or having the right to control the actions or +decisions of any person in such a management position in the insurance company. +(Ord. Nos. 19099; 21435; 23106; 24175; 25215; 30215) +SEC. 48A-30.   INFORMATION TO BE SUPPLIED UPON REQUEST OF DIRECTOR. +   Upon request of the director, a licensee shall submit to the director the +following information: +   (1)   a current consolidated list of vehicles; +   (2)   a current financial statement that includes a balance sheet and income +statement; +   (3)   names of current officers, owners, and managers; and +   (4)   a list of current drivers employed by the licensee, with their wrecker +driver’s permits indicated. (Ord. Nos. 21435; 24175) +SEC. 48A-31.   VEHICLE TOW SERVICE RECORDS. +   For each vehicle towed by a vehicle tow service, a licensee shall retain any +record required pursuant to this chapter, including, but not limited to, towing +agreements, photographs, written authorizations for removal, and wrecker slips +or tickets, for not less than one year from the date of removal of the vehicle. +The licensee shall make the vehicle tow service records available for +inspection by the director upon reasonable notice and request. (Ord. Nos. +19099; 21435; 24175) +SEC. 48A-32.   FAILURE TO PAY AD VALOREM TAXES. +   A licensee or an applicant for a vehicle tow service license shall not allow +the payment of ad valorem taxes upon any vehicle, equipment, or other property +used directly or indirectly in connection with the vehicle tow service to +become delinquent. (Ord. Nos. 21435; 24175) +ARTICLE V. +SERVICE RULES AND REGULATIONS. +SEC. 48A-33.   REMOVAL OF VEHICLES FROM PUBLIC RIGHTS-OF-WAY. +   (a)   A licensee commits an offense if, without a valid emergency wrecker +service license issued under +Chapter 15D of this code, he, either personally or through an employee, +subcontractor, or agent, removes a vehicle from: +      (1)   a public street; or +      (2)   any area between the property line of private property abutting a +public street and the center line of the street’s drainage way or the curb of +the street, whichever is farther from the property line of the private +property. +   (b)   It is a defense to prosecution under Subsection (a) that the vehicle +was removed: +      (1)   from a portion of public right-of-way leased by the city to the +person requesting removal of the vehicle, if such removal was not prohibited by +the lease; +      (2)   by a vehicle tow service currently licensed under this chapter; and +      (3)   in compliance with all requirements of this chapter and any other +applicable city ordinance or state or federal law. (Ord. Nos. 19099; 21435; +23106; 24175) +SEC. 48A-34.   REMOVAL OF AUTHORIZED VEHICLES PROHIBITED. +   A person commits an offense if he intentionally or knowingly removes or +causes the removal of a vehicle, other than an illegally parked or unauthorized +vehicle, from private property. (Ord. Nos. 19099; 21435; 24175) +SEC. 48A-35.   FINANCIAL INTERESTS OF PRIVATE PROPERTY OWNER AND LICENSEE +PROHIBITED. +   (a)   A licensee commits an offense if he, either personally or through an +employee, subcontractor, or agent: +      (1)   directly or indirectly gives anything of value, other than a sign +or notice required to be posted under this chapter, to a private property owner +in connection with the removal of a vehicle from the private property; or +      (2)   has a direct or indirect monetary interest in private property from +which the licensee for compensation removes an unauthorized vehicle. +   (b)   An owner of private property commits an offense if he: +      (1)   accepts anything of value, other than a sign or notice required to +be posted under this chapter, from a vehicle tow service in connection with the +removal of a vehicle from the private property; or +      (2)   has a direct or indirect monetary interest in a vehicle tow service +that for compensation removes an unauthorized vehicle from the private +property. +   (c)   It is a defense to prosecution under Subsections (a)(2) and (b)(2) +that the private property from which the vehicle is removed is a vehicle +storage facility licensed under the Texas Vehicle Storage Facility Act. (Ord. +Nos. 19099; 21435; 23106; 24175) +SEC. 48A-36.   REQUIREMENTS FOR POSTINGSIGNS. +   (a)   A person commits an offense if he removes or causes the removal of a +vehicle from private property without signs being posted and maintained on the +private property in accordance with this section at the time of towing and for +at least 24 hours prior to removal of the vehicle. +    (b)   Except as otherwise provided by Section +48A-36.2 of this chapter, at least one sign must be placed on the right or left +side of each driveway access or curb cut allowing access to the private +property. If curbs, access barriers, landscaping, or driveways do not establish +definite vehicle entrances onto private property from a public roadway, other +than an alley, or if the width of an entrance exceeds 35 feet, signs must be +placed at intervals along the entrance so that no entrance is farther than 25 +feet from a sign. At least two signs must be placed on the interior of the +private property. The director may require one additional interior sign to be +posted for each 50 parking spaces over 150 contained on the property. +   (c)   Each sign required by Subsection (b) to be placed upon private +property must: +      (1)   be approved by the director; +      (2)   contain: +         (A)   a bright red international towing symbol, at least four inches +high, located on the uppermost portion of the sign or on a separate sign placed +immediately above the sign; +         (B)   the following information immediately below the international +towing symbol in white letters on a bright red background: +            (i)   the words “TOWING ENFORCED” in two-inch high letters; and +            (ii)   a statement describing who may park at the location and +prohibiting all others; +         (C)   the following information on the next lower portion of the sign +in bright red letters at least one inch high on a white background: +            (i)   the words, “Unauthorized Vehicles Will Be Towed at Owner’s or +Operator’s Expense”; and +            (ii)   the days and hours towing is enforced at the location, which +may be satisfied by a statement that towing is enforced at all times; +         (D)   the following information on the bottommost portion of the sign +in white letters at least one inch high on a bright red background: +            (i)   the name, street address, and current telephone number, +including area code, of the vehicle tow service; +            (ii)   the name, street address, and current telephone number, +including area code, of the vehicle storage facility to which the vehicle will +be towed, if different from the vehicle tow service; and +            (iii)   a telephone number answered 24 hours a day at which a +vehicle owner or operator may obtain information to locate the vehicle, if +different from the telephone numbers listed in Subparagraph (D)(i) and (D)(ii); +      (3)   be at least 24 inches tall and 18 inches wide and constructed of a +rigid weather-resistant metal; +      (4)   be permanently mounted on a pole, post, permanent wall, or +permanent barrier; +      (5)   be readable day and night; +      (6)   be permanently installed on the private property in a manner and +location approved by the director so that the sign is facing and conspicuous to +any person entering the property; and +       (7)   be posted so that the bottom edge of the sign is not lower than +five feet nor higher than eight feet above ground level. +   (d)   In addition to the signs required to be posted under Subsection (b) of +this section, the following two signs must be posted and maintained on the +interior of the private property in a location and manner approved by the +director: +      (1)   The first sign must meet all of the requirements of Subsection (c) +of this section, except that all wording must be in Spanish instead of English +and the translation must be approved by the director. +      (2)   The second sign must comply with form, size, color, and wording +requirements established by rule or regulation of the director and must include +the following information in both English and Spanish: +         (A)   the maximum towage fees that may be charged under this chapter +and a statement that additional storage, preservation, and notification fees +may be charged under the Vehicle Storage Facility Act; and +         (B)   a statement of how and to whom a complaint concerning a +vehicle’s removal or a violation of this chapter can be made. +   (e)   A person commits an offense if, on the same private property, he posts +or allows the posting of a sign or signs indicating: +      (1)   the name of more than one vehicle tow service; or +      (2)   the name, address, or telephone number of more than one vehicle +storage facility. +   (f)   A person commits an offense if he removes or obstructs or allows the +removal or obstruction of a sign required by this section to be posted on +private property. It is a defense to prosecution under this subsection that the +removal or obstruction was caused by: +      (1)   a city employee in the performance of official duties; or +      (2)   the property owner or a licensee or driver of a vehicle tow service +authorized by the property owner for the purpose of: +         (A)   repairing or maintaining the sign; +         (B)   complying with this chapter or a rule or regulation promulgated +under this chapter; or +         (C)   terminating a vehicle tow service agreement for the private +property. +   (g)   A minor variation of a required or minimum height of a sign or +lettering is not a violation of this chapter. +   (h)   It is a defense to prosecution under Subsection (a) of this section +that: +      (1)   before the vehicle was removed, the property owner provided the +owner or operator of the vehicle with notice complying with Section 684.012(b) +and (c) of the Texas Transportation Code (which requires the notice to be +attached to the vehicle and sent certified mail to the vehicle’s registered +owner), and the vehicle tow service received written verification from the +property owner that the required notice was given; or +      (2)   the vehicle was removed by or under the direction of a peace +officer. [Ord. Nos. 19099; 21435; 23106; 24175, § 48A-36(d) effective 2-1-01] +SEC. 48A-36.1.   INDIVIDUAL PARKING RESTRICTIONS IN RESTRICTED AREA. +   (a)   A private property owner who complies with Section +48A-36 of this chapter may impose further specific parking restrictions in an +area to which the signs apply for individual spaces by installing or painting a +weather-resistant sign or notice on a curb, pole, post, permanent wall, or +permanent barrier so that the sign is in front of a vehicle that is parked in +the space when the rear of the vehicle is at the entrance of the space. +   (b)   The top of the sign or notice may not be higher than seven feet above +the ground. +   (c)   The sign or notice must include an indication that the space is +reserved for a particular unit number, person, or type of person. +   (d)   The letters on the sign or notice must be at least two inches in +height and must contrast to the color of the curb, wall, or barrier so they can +be read during the day and at night. The letters are not required to be +illuminated or made of reflective material. (Ord. Nos. 23106; 24175) +SEC. 48A-36.2.   DESIGNATION OF RESTRICTED PARKING SPACES IN OTHERWISE +UNRESTRICTED AREA. +   If a private property owner wishes to designate one or more spaces as +restricted parking spaces on a portion of private property that is otherwise +unrestricted as to parking, the owner must, instead of installing a sign at +each entrance to the private property as provided by Section +48A-36(b) of this chapter, place a sign that prohibits unauthorized vehicles +from parking in the designated spaces and that otherwise complies with Section +48A-36: +      (1)   at the right or left side of each entrance to the designated area +or group of parking spaces located on the portion of the private property on +which parking is restricted; or +      (2)   at the end of each restricted parking space so that the sign, the +top of which may not be higher than seven feet above the ground, is in front of +any vehicle that is parked in the space when the rear of the vehicle is at the +entrance of the space. (Ord. Nos. 23106; 24175) +SEC. 48A-37.   AUTHORIZATION FOR REMOVAL. +   (a)   A person commits an offense if he removes or causes the removal of a +vehicle from private property unless, at the time the vehicle is to be removed: +      (1)   the property owner signs written authorization for removal of the +vehicle by the vehicle tow service; or +      (2)   a current written agreement exists between the property owner and +the vehicle tow service authorizing removal of illegally parked or unauthorized +vehicles from the property and a photograph is taken reasonably showing that +the removed vehicle was unauthorized or illegally parked on the property. +   (b)   The written authorization for removal required by Subsection (a)(1) +must contain: +      (1)   a description of the vehicle to be removed, including the year, +make, model, color, state license plate number, and vehicle identification +number of the vehicle; +      (2)   the date and time of the vehicle’s removal; +      (3)   the location from which the vehicle is removed; +      (4)   the reasons for removing the vehicle; and +      (5)   the signature of the property owner. +   (c)   The written agreement required by Subsection (a)(2) must: +      (1)   contain a clear election, signed by the property owner or the +property owner’s duly authorized agent, as to whether the vehicle tow service +is authorized to remove illegally parked and unauthorized vehicles from the +property 24 hours a day, seven days a week or only during the normal business +hours of the property owner; and +      (2)   be renewed at least every two years and whenever there is a change +in ownership of the property. (Ord. Nos. 19099; 21435; 24175) +SEC. 48A-38.   RELEASE OF A VEHICLE PRIOR TO REMOVAL. +   A licensee or permittee commits an offense if he, either personally or +through an employee, subcontractor, or agent, fails to release a vehicle +without charge to the vehicle owner or operator, or to the property owner, if +the release is requested before the vehicle is removed from the private +property on which the vehicle is parked. (Ord. Nos. 19099; 21435; 24175) +SEC. 48A-39.   REMOVAL OF A VEHICLE WITH A WRECKER. +   A licensee or permittee commits an offense if he, either personally or +through an employee, subcontractor, or agent, removes a vehicle from private +property without: +      (1)   using a wrecker; or +      (2)   first completing every procedure required to secure the vehicle to +the wrecker or wrecker equipment, including the attachment of any safety +chains, so that the vehicle may be safely towed. (Ord. Nos. 19099; 21435; +24175) +SEC. 48A-40.   NOTIFICATION OF POLICE DEPARTMENT; WRECKER SLIPS OR TICKETS. +   (a)   A licensee or permittee commits an offense if he, either personally or +through an employee, subcontractor, or agent, fails to notify the police +department and obtain a tow number within one hour after the removal of each +vehicle from private property. +   (b)   When notifying the police department for the purpose of obtaining a +tow number, the licensee or permittee shall provide the following information: +      (1)   the location from which the vehicle was removed and the date and +time of removal; +      (2)   the reason for removal of the vehicle; +      (3)   a physical description of the removed vehicle, including the year, +make, model, color, state license plate number, and vehicle identification +number of the vehicle; +      (4)   the trade name of the vehicle tow service; and +      (5)   the name, address, and telephone number of the vehicle storage +facility to which the vehicle was taken. +   (c)   Upon delivering a vehicle to a vehicle storage facility, the licensee +shall provide to the vehicle storage facility a copy of a wrecker slip or +ticket containing all of the information required in Subsection (b) and the tow +number issued by the police department. +   (d)   A vehicle storage facility commits an offense if, within two hours +after accepting a towed vehicle, it fails to report to the police department +the information required by Subsections (b)(1), (3), (4), and (5) of this +section. (Ord. Nos. 19099; 21435; 23106; 24175) +SEC. 48A-41.   NOTIFICATION OF VEHICLE OWNER. +   A licensee or permittee shall provide the owner of any vehicle removed from +private property by the licensee with written notice of how and to whom a +complaint concerning the vehicle’s removal or a violation of this chapter can +be made. The notice must specifically state that the vehicle owner has the +right to challenge the legality of the tow under Chapter 685, Texas +Transportation Code, as amended, and describe the process required for the +challenge. (Ord. Nos. 21435; 23106; 24175) +SEC. 48A-42.   REMOVAL TO VEHICLE STORAGE FACILITY. +   (a)   A person commits an offense if he removes or causes the removal of any +vehicle from private property to: +      (1)   any location other than the vehicle storage facility indicated on +the signs required by Section +48A-36 of this article; or +      (2)   a vehicle storage facility that: +         (A)   is not currently licensed under the Texas Vehicle Storage +Facility Act or not in compliance with that act or any rule or regulation +promulgated pursuant to that act; +         (B)   is located outside the city or located inside the city in +violation of the Dallas Development Code; or +         (C)   does not have a sign posted conspicuously at its entrance +notifying the vehicle owner of the right to challenge the legality of the tow +under Chapter 685, Texas Transportation Code, as amended. +   (b)   A licensee or a permittee commits an offense if he, either personally +or through an employee, subcontractor, or agent: +      (1)   fails to remove a vehicle from private property to a vehicle +storage facility by the most direct and expeditious route; or +      (2)   stops at another location while transporting a vehicle removed from +private property to a vehicle storage facility. (Ord. Nos. 19099; 21435; 23106; +24175) +ARTICLE VI. +VEHICLE TOW SERVICE FEES. +SEC. 48A-43.   MAXIMUM FEE SCHEDULE. +   (a)   The maximum fee that a licensee or permittee may charge for vehicle +tow service, regardless of whether a tilt-bed wrecker or a conventional wrecker +is used, is: +      (1)   $121 for towage of a vehicle with a manufacturer’s gross vehicle +weight rating of not more than 10,000 pounds; +      (2)   $191 for towage of a vehicle with a manufacturer’s gross vehicle +weight rating of more than 10,000 pounds but not more than 26,000 pounds; and +      (3)   $445 for towage of a vehicle with a manufacturer’s gross vehicle +weight rating of more than 26,000 pounds. +   (b)   No additional fee may be charged for linkage of a vehicle prior to a +tow or for the use of dollies or go-jacks. +   (c)   If a licensee or permittee tows a stolen vehicle, or a vehicle later +determined to be stolen, the licensee or permittee may charge the lawful owner +of the vehicle no more than the maximum fee for towage. A vehicle tow service +may not charge a fee to the police department if the police department takes +custody of a stolen vehicle. +   (d)   A licensee or permittee commits an offense if he, either personally or +through an employee, subcontractor, or agent, charges: +      (1)   more than the maximum fee allowed by this section for the +particular vehicle towed; or +      (2)   any fee in addition to: +         (A)   a towage fee lawfully charged under this section; or +         (B)   a storage, preservation, or notification fee lawfully charged +under the Vehicle Storage Facility Act. +   (e)   A licensee or permittee shall provide a vehicle owner the option of +paying the fee for vehicle tow service by cash or a major credit card. (Ord. +Nos. 19099; 19300; 21435; 23106; 24175; 25812; 27721) +SEC. 48A-43.1.   TOWING FEE STUDIES. +   (a)   Upon the request of one or more vehicle tow service licensees that, +either alone or together, accounted for 50 percent or more of the nonconsent +tows performed in the city during the preceding license term as determined by +the director according to city records, the city shall, either through its +employees or a contractor, conduct a towing fee study for the purpose of +determining the fair market value of the services of a vehicle tow service +business performing nonconsent tows originating in the city. The fair market +value of such services must be reasonably related to any financial or +accounting information provided to the city relating to vehicle tow service. +   (b)   A request for a towing fee study must be in writing and filed with the +director by one of the following methods: +      (1)   Certified United States mail, return receipt requested. +      (2)   Certified electronic transmission. +      (3)   Hand delivery. +   (c)   After an initial request for a towing fee study is filed with the +director, other vehicle tow service licensees may join in that request by also +filing requests with the director in accordance with Subsection (b). If, within +90 days after the director receives the initial request for a towing fee study, +the director determines that all of the licensees joining in the request, when +considered together, account for less than 50 percent of the nonconsent tows +performed in the city during the preceding license term, then the city will not +conduct a towing fee study. +   (d)   Before the city will begin conducting a towing fee study, the vehicle +tow service licensee or licensees requesting the study shall deposit with the +director a fee of $5,000 to partially defray the city’s cost of conducting the +study. If the study is not conducted, the fee will be refunded to the licensee +or licensees paying the fee, less an administrative fee of $250 for processing +the request. +   (e)   Each vehicle tow service licensee requesting the towing fee study +shall cooperate with the city to conduct the study. Each licensee shall provide +to the city any reasonable information determined by the director to be needed +to conduct a meaningful fee study, including, but not limited to, the +following: +      (1)   An audited financial statement not more than one year old that +reflects the current financial status of the vehicle tow service business and +includes an itemized statement of revenues and expenses. The audited financial +statement must have been prepared by an independent certified public +accountant. +      (2)   The number of employees of the licensee, including drivers and +dispatchers, and each employee’s position and annual compensation with the +vehicle tow service business. +      (3)   Identification of all equipment owned or leased by the licensee +that is used for conducting the vehicle tow service business, including a +statement of the costs of acquiring or leasing the equipment. +      (4)   Copies of the past three years tax returns for the vehicle tow +service business. +   (f)   All information provided by the vehicle tow service licensees relating +to the towing fee study will be kept confidential to the maximum extent allowed +by law. +   (g)   The city shall complete a towing fee study within 120 calendar days +after receiving all information required under Subsections (e)(1), (2), (3), +and (4) from the vehicle tow service licensees requesting the fee study. +   (h)   Upon completion of the towing fee study, the city council +transportation and telecommunications committee shall receive the results of +the study and hold a public hearing on whether the maximum fees for nonconsent +tows originating in the city should be increased, decreased, or maintained at +the same rates. The director shall give written notice of the time, date, and +location of the public hearing to each vehicle tow service licensee. The notice +must be sent by United States regular mail to the licensee’s address listed in +the latest license application on file with the director. +   (i)   Based on the towing fee study, the public hearing, and other +information presented to it, the transportation and telecommunications +committee shall determine whether an adjustment in the nonconsent towing fees +is justified. The committee shall then recommend to the city council whether +the fees should be increased, decreased, or maintained at the same rates. +   (j)   Upon receiving the recommendation of the transportation and +telecommunication committee, the city council shall adopt an ordinance that +increases or decreases the maximum fees for nonconsent tows or that makes a +finding that an adjustment to nonconsent towing fees is not justified. The +maximum fees resulting from the city council’s action must represent the fair +market value of the services of a vehicle tow service business performing +nonconsent tows originating in the city and be reasonably related to any +financial or accounting information provided to the city relating to vehicle +tow service. +   (k)   No more than one towing fee study will be conducted within a four-year +time period measured from the last date the city council adopted an ordinance +that, based on a towing fee study, either adjusted the towing fees or found +that an adjustment in towing fees was not justified. (Ord. 25812) +ARTICLE VII. +VEHICLES AND EQUIPMENT. +SEC. 48A-44.   VEHICLES AND EQUIPMENT. +   (a)   An applicant or licensee shall submit each wrecker to be used in the +vehicle tow service for inspection in a manner determined by the director. Each +wrecker must: +      (1)   if used for towing a vehicle with a manufacturer’s gross vehicle +weight rating of not more than 10,000 pounds, meet the requirements for a light +duty wrecker; +      (2)   if used for towing a vehicle with a manufacturer’s gross vehicle +weight rating of more than 10,000 pounds but not more than 26,000 pounds, meet +the requirements for a medium duty wrecker; +      (3)   if used for towing a vehicle with a manufacturer’s gross vehicle +weight rating of more than 26,000 pounds, meet the requirements for a heavy +duty wrecker; +      (4)   carry, as standard equipment, safety chains and a fire +extinguisher; +      (5)   be maintained in a safe and good working condition and contain +equipment that is maintained in a safe and good working condition; and +      (6)   have permanently affixed to each side of the power unit of the +wrecker legible letters and numbers, at least two inches high, in a color that +contrasts with the power unit, stating the trade name, address (including city +and state), and telephone number (including area code) of the vehicle tow +service and the motor carrier registration number of the wrecker. +   (b)   Upon inspection and approval of each vehicle, the director shall issue +a decal to the applicant or licensee. The decal must be affixed securely to the +lower right corner of the windshield of the inspected wrecker. +   (c)   The director or a peace officer may, at any time, inspect a wrecker +used by a licensee for vehicle tow service to determine whether the vehicle +complies with this section. +   (d)   A licensee or permittee commits an offense if he, either personally or +through an employee, subcontractor, or agent, uses a light duty, medium duty, +or heavy duty wrecker to tow a vehicle that exceeds the manufacturer’s gross +vehicle weight rating allowed to be towed by the particular wrecker under +Subsection (a)(1), (2), or (3), whichever is applicable. (Ord. Nos. 19099; +21435; 23106; 24175) +ARTICLE VIII. +ENFORCEMENT. +SEC. 48A-45.   AUTHORITY TO INSPECT. +   (a)   The director or a peace officer may inspect any vehicle tow service or +vehicle storage facility to determine whether the licensee or permittee +complies with this chapter, regulations established under this chapter, or +other applicable law. +   (b)   A licensee or permittee, either personally or through an employee, +subcontractor, or agent, shall not attempt to interfere or refuse to cooperate +with the director or a peace officer in the conduct of any investigation or +discharge of any duty pursuant to this chapter. (Ord. Nos. 19099; 21435; 24175) +SEC. 48A-46.   ENFORCEMENT BY POLICE DEPARTMENT. +   Officers of the police department shall assist in the enforcement of this +chapter. A police officer upon observing a violation of this chapter, or of any +regulation established by the director pursuant to this chapter, shall take +necessary enforcement action to insure effective regulation of vehicle tow +service and vehicle storage facilities. (Ord. Nos. 19099; 21435; 24175) +SEC. 48A-47.   CORRECTION ORDER. +   (a)   If the director determines that a licensee, either personally or +through an employee, subcontractor, or agent, violates this code, the terms of +its license, a regulation established by the director, or other law, the +director may notify the licensee in writing of the violation and by written +order direct the licensee to correct the violation within a reasonable period +of time. In setting the time for correction, the director shall consider the +degree of danger to the public health or safety and the nature of the +violation. If the violation involves equipment that is unsafe or functioning +improperly, the director shall order the licensee to immediately cease use of +the equipment. +   (b)   If the director determines that a violation constitutes an imminent +and serious threat to the public health or safety, the director shall order the +licensee to correct the violation immediately, and, if the licensee fails to +comply, the director shall promptly take or cause to be taken such action as +the director considers necessary to enforce the order immediately. +   (c)   The director shall include in a notice issued under this section an +identification of the specific violation, the date of issuance of the notice +and the time period within which the violation must be corrected, a warning +that failure to comply with the order may result in suspension or revocation of +license or imposition of a fine or both, and a statement indicating that the +order may be appealed to the city manager. (Ord. Nos. 21435; 24175) +SEC. 48A-48.   SERVICE OF NOTICE. +   (a)   A licensee shall designate and maintain a representative to receive +service of notice required under this chapter to be given a licensee. +   (b)   Notice required under this chapter to be given to: +      (1)   a licensee must be personally served by the director on the +licensee or the licensee’s designated representative; or +      (2)   a driver permitted by the city under +Article III must be personally served or sent by certified United States Mail, +five day return receipt requested, to the address, last known to the director, +of the person to be notified. +   (c)   Notice required under this chapter to be given a person other than a +driver permitted under +Article III or a licensee may be served in the manner prescribed by Subsection +(b)(2). +   (d)   Service executed in accordance with this section constitutes notice to +the person to whom the notice is addressed. The date of service for notice that +is mailed is the date received. (Ord. Nos. 21435; 24175) +SEC. 48A-49.   APPEAL. +   (a)   A licensee may appeal a correction order issued under Section +48A-47 if an appeal is requested in writing not more than 10 days after notice +of the order or action is received. +   (b)   The city manager or a designated representative shall act as the +appeal hearing officer in an appeal hearing under this section. The hearing +officer shall give the appealing party an opportunity to present evidence and +make argument. The formal rules of evidence do not apply to an appeal hearing +under this section, and the hearing officer shall make a ruling on the basis of +a preponderance of evidence presented at the hearing. +   (c)   The hearing officer may affirm, modify, or reverse all or a part of +the order of the director. The decision of the hearing officer is final. (Ord. +Nos. 21435; 24175) +SEC. 48A-50.   OFFENSES. +   (a)   A person commits an offense if he violates a provision of this chapter +applicable to him. A culpable mental state is not required for commission of an +offense under this chapter unless the provision defining the conduct expressly +requires a culpable mental state. A separate offense is committed each day in +which an offense occurs. An offense committed under this chapter is punishable +by a fine of not less than $200 nor more than $1,000 as provided by Section +643.253 of the Texas Transportation Code, as amended. The minimum fine +established in this subsection shall be doubled for the second conviction of +the same offense within any 24-month period and trebled for the third and +subsequent convictions of the same offense within any 24-month period. At no +time shall the minimum fine exceed the maximum fine established in this +subsection. +   (b)   Prosecution for an offense under Subsection (a) does not prevent the +use of other enforcement remedies or procedures applicable to the person +charged with the conduct or involved in the offense. (Ord. Nos. 19099; 19963; +21435; 24175; 25812) +CHAPTER 48B +VACANT BUILDINGS AND LOTS +ARTICLE I. +GENERAL PROVISIONS. +Sec. +48B-1.   Purpose of chapter. +Sec. +48B-2.   Definitions. +Sec. +48B-3.   Authority of director. +Sec. +48B-4.   Delivery of notices. +Sec. +48B-5.   Violations; penalty. +ARTICLE II. +REGISTRATION AND INSPECTION OF VACANT BUILDINGS IN THE CENTRAL BUSINESS +DISTRICT. +Sec. +48B-6.   Registration required; defenses. +Sec. +48B-7.   Registration application. +Sec. +48B-8.   Registration fee and inspection charge. +Sec. +48B-9.   Issuance, denial, and display of certificate of registration. +Sec. +48B-10.   Revocation of registration. +Sec. +48B-11.   Appeals. +Sec. +48B-12.   Expiration and renewal of registration. +Sec. +48B-13.   Nontransferability. +Sec. +48B-14.   Property inspections. +ARTICLE III. +MISCELLANEOUS REQUIREMENTS FOR VACANT BUILDINGS LOCATED IN THE CENTRAL BUSINESS +DISTRICT. +Sec. +48B-15.   Emergency response information. +Sec. +48B-16.   Insurance. +Sec. +48B-17.   Vacant building plan. +ARTICLE IV. +REGISTRATION AND INSPECTION OF VACANT LOTS AND BUILDINGS LOCATED OUTSIDE THE +CENTRAL BUSINESS DISTRICT. +Sec. +48B-18.   Scope. +Sec. +48B-19.   Registration required; defenses. +Sec. +48B-20.   Registration application. +Sec. +48B-21.   Registration fee and inspection charge. +Sec. +48B-22.   Issuance, denial, and display of certificate of registration. +Sec. +48B-23.    Revocation of registration. +Sec. +48B-24.   Appeals. +Sec. +48B-25.   Expiration and renewal of registration. +Sec. +48B-26.   Nontransferability. +Sec. +48B-27.   Property inspections. +Sec. +48B-28.   Emergency response information for problem properties. +ARTICLE I. +GENERAL PROVISIONS. +SEC. 48B-1.   PURPOSE OF CHAPTER. +   There exists in the city of Dallas, Texas, many vacant properties that, if +left unoccupied and unmonitored, may fall into a state of disrepair, become a +haven for criminal activity, and create a blight on the area. The purpose of +this chapter is to protect the health, safety, morals, and welfare of the +citizens of the city of Dallas by establishing a registration program for +vacant buildings and lots in the city in order to monitor the vacant buildings +and lots and ensure that they are maintained in compliance with this code and +other applicable laws and to encourage their demolition, building development, +or return to occupancy in a timely manner. (Ord. Nos. 27248; 32145) +SEC. 48B-2.   DEFINITIONS. +   In this chapter: +      (1)   BASIC PROPERTY means a vacant building or vacant lot which has two +non-complied property maintenance violations within any six-month period. +      (2)   BUILDING means a structure for the support or shelter of any use or +occupancy. +      (3)   CENTRAL BUSINESS DISTRICT means the area of the city bounded by +Woodall Rodgers Freeway on the north, Central Expressway (elevated bypass) on +the east, R. L. Thornton Freeway on the south, and Stemmons Freeway on the +west. +      (4)   CERTIFICATE OF REGISTRATION means a certificate of registration +issued by the director under this chapter to the owner or operator of a vacant +building. +      (5)   DIRECTOR means the director of the department designated by the +city manager to enforce and administer this chapter and includes any +representatives, agents, or department employees designated by the director. +      (6)    DWELLING UNIT means one or more rooms designed to be a single +housekeeping unit to accommodate one family and containing one or more +kitchens, one or more bathrooms, and one or more bedrooms. +      (7)   OCCUPIED means that one or more persons conduct business in or +reside in at least 50 percent of the total area of a building (excluding +stairwells, elevator shafts, and mechanical rooms) as the legal or equitable +owner, operator, lessee, or invitee on a permanent, nontransient basis pursuant +to and within the scope of a valid certificate of occupancy. +      (8)   OWNER means a person in whom is vested the ownership or title of +real property: +         (A)   including, but not limited to: +            (i)   the holder of fee simple title; +            (ii)   the holder of a life estate; +            (iii)   the holder of a leasehold estate for an initial term of +five years or more; +            (iv)   the buyer in a contract for deed; +            (v)   a mortgagee, receiver, executor, or trustee in control of +real property; and +            (vi)   the named grantee in the last recorded deed; and +         (B)   not including the holder of a leasehold estate or tenancy for an +initial term of less than five years. +      (9)   PERSON means any individual, corporation, organization, +partnership, association, governmental entity, or any other legal entity. +      (10)   PREMISES or PROPERTY means a lot, plot, or parcel of land, +including any structures on the land. +      (11)   PROBLEM PROPERTY means a vacant building or vacant lot which has +three or more non-complied property maintenance violations within any six-month +period. +      (12)   PROPERTY MAINTENANCE VIOLATION means any violation of the city +code involving high weeds; litter; obstructions of alleys, sidewalks, or +streets; signs on a public right of way; bulky trash; substandard structures; +junk motor vehicles; illegal dumping; illegal outside storage; and graffiti. +      (13)   REGISTRANT means a person issued a certificate of registration for +a vacant building or vacant lot under this chapter. +      (14)   STRUCTURE means that which is built or constructed, an edifice or +building of any kind, or any piece of work artificially built up or composed of +parts joined together in some definite manner. +      (15)   VACANT BUILDING means a building that, regardless of its +structural condition, is not occupied. +      (16)   VACANT LOT means any parcel of real property that is not improved +with a permitted structure. (Ord. Nos. 27248; 32145) +SEC. 48B-3.   AUTHORITY OF DIRECTOR. +   The director shall implement and enforce this chapter and may by written +order establish such rules, regulations, or procedures, not inconsistent with +this chapter, as the director determines are necessary to discharge any duty +under or to effect the policy of this chapter. (Ord. 27248) +SEC. 48B-4.   DELIVERY OF NOTICES. +   Any written notice that the director is required to give an applicant or +registrant under this chapter is deemed to be delivered: +      (1)   on the date the notice is hand delivered to the applicant or +registrant; or +      (2)   three days after the date the notice is placed in the United States +mail with proper postage and properly addressed to the applicant or registrant +at the address provided for the applicant or registrant in the most recent +registration application. (Ord. 27248) +SEC. 48B-5.   VIOLATIONS; PENALTY. +   (a)   A person who violates a provision of this chapter, or who fails to +perform an act required of the person by this chapter, commits an offense. A +person commits a separate offense each day or portion of a day during which a +violation is committed, permitted, or continued. +   (b)   Criminal penalties. +      (1)   An offense under this chapter is punishable by a fine not to exceed +$2,000. +      (2)   An offense under this chapter is punishable by a fine of not less +than $500 for a first conviction of a violation of Section +48B-6. +      (3)   The minimum fine established in Subsection (b)(2) will be doubled +for the second conviction of the same offense within any 24-month period and +trebled for the third and subsequent convictions of the same offense within any +24-month period. At no time may the minimum fine exceed the maximum fine +established in Subsection (b)(1). +   (c)   The culpable mental state required for the commission of an offense +under this chapter is governed by Section +1-5.1 of this code. +   (d)   As an alternative to imposing the criminal penalty prescribed in +Subsection (b), the city may impose administrative penalties, fees, and court +costs in accordance with +Article IV-b of +Chapter 27 of this code, as authorized by Section 54.044 of the Texas Local +Government Code, for an offense under this chapter. The alternative +administrative penalty range for an offense is the same as is prescribed for a +criminal offense in Subsection (b). +   (e)   The penalties provided for in Subsections (b) and (d) are in addition +to any other enforcement remedies that the city may have under city ordinances +and state law. (Ord. 27248) +ARTICLE II. +REGISTRATION AND INSPECTION OF VACANT BUILDINGS IN THE CENTRAL BUSINESS +DISTRICT. +SEC. 48B-6.   REGISTRATION REQUIRED; DEFENSES. +   (a)   A person commits an offense if the person owns or operates a vacant +building in the central business district without a valid certificate of +registration. A separate certificate of registration is required for each +street address at which any vacant building is located in the central business +district, regardless of any separate occupied buildings that may also be +located at the same street address. If more than one vacant building in the +central business district is located at the same street address, only one +certificate of registration is required for all of the vacant buildings. Also, +only one certificate of registration is required for a single vacant building +in the central business district that has more than one street address. Suite +numbers and apartment unit numbers will not be considered in determining the +street address of a vacant building. +   (b)   It is a defense to prosecution under this section that: +      (1)   the building was occupied within the 45-day period preceding the +date of the alleged offense; +      (2)   at the time of the alleged offense, the building was in the process +of being renovated, rehabilitated, repaired, or demolished (pursuant to +appropriate and valid permits issued by the building official, if required) and +had been occupied within the 90-day period preceding the date of the alleged +offense; +      (3)   at the time of the alleged offense, the building was in the process +of being actively marketed and advertised for lease or sale and had been +occupied within the 90-day period preceding the date of the alleged offense; +      (4)   within the 90-day period preceding the date of the alleged offense, +the building suffered damage or destruction from a fire, flood, storm, or +similar event that rendered the building incapable of being occupied, except +that this defense does not apply if the building was rendered incapable of +being occupied by the intentional act of the owner, operator, lessee, or other +invitee or an agent of the owner, operator, lessee, or other invitee; or +      (5)   the building was owned by the city of Dallas, the State of Texas, +or the United States government. (Ord. Nos. 27248; 32145) +SEC. 48B-7.   REGISTRATION APPLICATION. +   (a)   To obtain a certificate of registration for a vacant building in the +central business district, a person must submit an application on a form +provided for that purpose to the director. The applicant must be the person who +will own, control, or operate the vacant building in the central business +district. The application must contain all of the following information: +      (1)   The name, street address, mailing address, and telephone number of +the applicant or the applicant's authorized agent. +      (2)   The name, all street addresses, and the main telephone number, if +any, of the vacant building and a description of the type of property it is +(such as, but not limited to, a commercial building, a warehouse, an office, a +hotel, an apartment complex, a boarding home, a group home, a loft, a townhome, +a condominium, or a single-family residence). +      (3)   The names, street addresses, mailing addresses, and telephone +numbers of all owners of the vacant building and any lien holders and other +persons with a financial interest in the vacant building. +      (4)   The name, street address, mailing address, and telephone number of +a person or persons to contact in an emergency as required by Section +48B-15 of this chapter. +      (5)   The form of business of the applicant (and owner, if different from +the applicant); the name, street address, mailing address, and telephone number +of a high managerial agent of the business; and, if the business is a +corporation or association, a copy of the documents establishing the business. +      (6)   Proof of insurance required by Section +48B-16 of this chapter. +      (7)   The number of buildings (including vacant and occupied buildings), +dwelling units, swimming pools, and spas located in or on the premises of the +vacant building. +      (8)   Documentary evidence of payment of ad valorem taxes owed in +connection with the vacant building and the premises on which it is located. +      (9)   The total area in square feet of the vacant building, the number of +stories contained in the vacant building, the area in square feet of each +story, and whether each story is above or below ground level. +      (10)   The date on which the vacant building was last occupied, a +description of the last use of the vacant building, and a description of any +hazardous materials, uses, or conditions that currently exist or previously +existed in the vacant building. +      (11)   Such additional information as the applicant desires to include or +that the director deems necessary to aid in the determination of whether the +requested certificate of registration should be granted. +   (b)   If the application for a certificate of registration is being made for +multiple vacant buildings located at the same address, then the information +required in Subsection (a) must be provided for each vacant building located at +that address. +   (c)   A registrant shall notify the director within 10 days after any +material change in the information contained in the application for a +certificate of registration for a vacant building, including any changes in +ownership of the property. (Ord. Nos. 27248; 32145) +SEC. 48B-8.   REGISTRATION FEE AND INSPECTION CHARGE. +   (a)   The fee for a certificate of registration for a vacant building in the +central business district is $79, plus an inspection charge in an amount equal +to $185.64 + ($0.009282 x total square feet of building area, excluding +stairwells, elevator shafts, and mechanical rooms. +   (b)   If one certificate of registration is issued for multiple vacant +structures located at the same address, the inspection charge will be +calculated using the aggregate area in square feet of all the vacant buildings. +   (c)   If a certificate of registration expires under Section +48B-12 and the registration term was less than six months, then the +registration fee (minus the inspection charge) may be prorated on the basis of +whole months and partially refunded to the registrant, if the director receives +a written request for the refund from the registrant within 90 days after +expiration of the certificate of registration. If a certificate of registration +expires under Section +48B-12 and no inspection was conducted by the city during the registration +term, then the full inspection charge may be refunded, if the director receives +a written request for the refund from the registrant within 90 days after +expiration of the certificate of registration. Otherwise, no refund of a +registration fee or inspection charge will be made. (Ord. Nos. 27248; 29879; +31332; 32145) +SEC. 48B-9.   ISSUANCE, DENIAL, AND DISPLAY OF CERTIFICATE OF REGISTRATION. +   (a)   Upon payment of all required fees, the director shall issue a +certificate of registration for a vacant building in the central business +district to the applicant if the director determines that: +      (1)   the applicant has complied with all requirements for issuance of +the certificate of registration; +      (2)   the applicant has not made a false statement as to a material +matter in an application for a certificate of registration; and +      (3)   the applicant has no outstanding fees assessed under this chapter. +   (b)   If the director determines that the requirements of Subsection (a) +have not been met, the director shall deny a certificate of registration to the +applicant. +   (c)   If the director determines that an applicant should be denied a +certificate of registration, the director shall deliver written notice to the +applicant that the application is denied and include in the notice the reason +for denial and a statement informing the applicant of the right of appeal. +   (d)   A certificate of registration issued under this section must be +displayed to the public in a manner and location approved by the director. The +certificate of registration must be presented upon request to the director or +to a peace officer for examination. (Ord. Nos. 27248; 32145) +SEC. 48B-10.   REVOCATION OF REGISTRATION. +   (a)   The director shall revoke a certificate of registration for a vacant +building in the central business district if the director determines that: +      (1)   the registrant failed to comply with any provision of this chapter +or any other city ordinance or state or federal law applicable to the building; +      (2)   the registrant intentionally made a false statement as to a +material matter in the application or in a hearing concerning the certificate +of registration; or +      (3)   the registrant failed to pay a fee required by this chapter at the +time it was due. +   (b)   Before revoking a certificate of registration under Subsection (a), +the director shall deliver written notice to the registrant that the +certificate of registration is being considered for revocation. The notice must +include the reason for the proposed revocation, action the registrant must take +to prevent the revocation, and a statement that the registrant has 10 days +after the date of delivery to comply with the notice. +   (c)   If, after 10 days from the date the notice required in Subsection (b) +is delivered, the registrant has not complied with the notice, the director +shall revoke the certificate of registration and deliver written notice of the +revocation to the registrant. The notice must include the reason for the +revocation, the date the director orders the revocation, and a statement +informing the registrant of the right of appeal. (Ord. Nos. 27248; 32145) +SEC. 48B-11.   APPEALS. +   If the director denies issuance or renewal of a certificate of registration +or revokes a certificate of registration, this action is final unless the +applicant or registrant files an appeal with a permit and license appeal board +in accordance with Section +2-96 of this code. (Ord. 27248) +SEC. 48B-12.   EXPIRATION AND RENEWAL OF REGISTRATION. +   (a)   A certificate of registration for a vacant building in the central +business district expires the earlier of: +      (1)   one year after the date of issuance; +      (2)   the date the vacant building changes controlling ownership, as +determined by the director; +      (3)   the date the vacant building becomes occupied, as determined by the +director; or +      (4)   the date the vacant building is demolished, as determined by the +director. +   (b)   A certificate of registration may be renewed by making application in +accordance with Section +48B-7 and paying the registration fee and inspection charge required by Section +48B-8. A registrant shall apply for renewal at least 30 days before the +expiration of the certificate of registration. (Ord. Nos. 27248; 32145) +SEC. 48B-13.   NONTRANSFERABILITY. +   A certificate of registration for a vacant building in the central business +district is not transferable. (Ord. Nos. 27248; 32145) +SEC. 48B-14.   PROPERTY INSPECTIONS. +   (a)   For the purpose of ascertaining whether violations of this chapter or +any other city ordinance or state or federal law applicable to the building +exist, the director is authorized at a reasonable time to inspect: +      (1)   the exterior of a vacant building; and +      (2)   the interior of a vacant building, if the permission of the owner, +operator, or other person in control is given or a search warrant is obtained. +   (b)   The director shall inspect a vacant building at least once during each +12-month period that the building is not occupied. +   (c)   An applicant or registrant shall permit representatives of the police +department, the fire department, the department of code compliance, and the +building official to inspect the interior and exterior of a vacant building, +for the purpose of ensuring compliance with the law, at reasonable times upon +request. The applicant or registrant commits an offense if he, either +personally or through an agent or employee, refuses to permit a lawful +inspection of the vacant building as required by this subsection. +   (d)   Whenever a vacant building is inspected by the director and a +violation of this chapter or any other city ordinance or state or federal law +applicable to the building is found, the building or premises will, after the +expiration of any time limit for compliance given in a notice or order issued +because of the violation, be reinspected by the director to determine that the +violation has been eliminated. (Ord. 27248; 27697) +ARTICLE III. +MISCELLANEOUS REQUIREMENTS FOR VACANT BUILDINGS LOCATED IN THE CENTRAL BUSINESS +DISTRICT. +SEC. 48B-15.   EMERGENCY RESPONSE INFORMATION. +   (a)   An owner, operator, or other person in control of a vacant building in +the central business district shall provide the director with the name, street +address, mailing address, and telephone number of a person or persons who can +be contacted 24 hours a day, seven days a week, in the event of an emergency +condition in or on the premises of the vacant building. An emergency condition +includes any fire, natural disaster, collapse hazard, burst pipe, serious +police incident, or other condition that requires an immediate response to +prevent harm to property or the public. +   (b)   The owner, operator, or other person in control of the vacant building +shall notify the director within five days after any change in the emergency +response information. +   (c)   The owner, operator, or other person in control of a vacant building, +or an authorized agent, must arrive at the premises within one hour after a +contact person named under this section is notified by the city or emergency +response personnel that an emergency condition has occurred on the premises. +   (d)   A sign containing the emergency contact information required in +Subsection (a) of this section must be attached in a conspicuous location on +the exterior of each facade of the vacant building that faces a public right- +of-way. +   (e)   The sign required by Subsection (d) must: +      (1)   comply with the city’s sign regulations; +      (2)   be 24 inches tall and 18 inches wide and constructed of a rigid +weather- resistant material; +      (3)   contain the words “VACANT BUILDING” in 2-3/8-inch-high and two- +inch-wide black letters on a bright yellow background followed by the +information required in Subsection (a) in one-inch-high black letters on a +bright yellow background; +      (4)   be in a format approved by the director; and +      (5)   be readable day and night. +   (f)   A person commits an offense if he removes or obstructs or allows the +removal or obstruction of a sign required to be posted on a vacant building +under this section. It is a defense to prosecution under this subsection that +the removal or obstruction was caused by: +      (1)   a city employee in the performance of official duties; or +      (2)   the owner, operator, or lessee of the vacant building for the +purpose of: +         (A)   repairing or maintaining the sign; +         (B)   complying with this chapter or a rule or regulation promulgated +under this chapter; or +         (C)   removing the sign when registration of the vacant building is no +longer required under this chapter. +    (g)   A minor variation of a required or minimum height or width of a sign +or lettering is not a violation of this section. (Ord. Nos. 27248; 32145) +SEC. 48B-16.   INSURANCE. +   (a)   The registrant shall procure, prior to the issuance of a certificate +of registration, and keep in full force and effect at all times during the +registration term, commercial general liability insurance coverage (including, +but not limited to, premises/operations and personal and advertising injury) +protecting the city of Dallas against any and all claims for damages to persons +or property as a result of, or arising out of, the registrant’s operation, +maintenance, or use of the vacant building, with minimum combined bodily injury +(including death) and property damage limits of not less than $1,000,000 for +each occurrence and $2,000,000 annual aggregate. +   (b)   The insurance policy must be written by an insurance company approved +by the State of Texas and acceptable to the city and issued in a standard form +approved by the Texas Department of Insurance. All provisions of the policy +must be acceptable to the city and must name the city and its officers and +employees as additional insureds and provide for 30 days written notice to the +director of cancellation, non-renewal, or material change to the insurance +policy. +   (c)   A registrant shall provide to the director an updated certificate of +insurance for the vacant building every six months that the building is +required to be registered under this chapter. (Ord. 27248, eff. 9-1-08) +SEC. 48B-17.   VACANT BUILDING PLAN. +   (a)   Within 30 days after the date a certificate of registration is issued +for a vacant building in the central business district, the registrant shall +submit to the director a vacant building plan complying with this section. +   (b)   The vacant building plan must contain the following: +      (1)   A plan of action and a time schedule for correcting all existing +violations of this chapter or any other city ordinance or state or federal law +applicable to the building or its premises. +      (2)   A plan of action for maintaining the building and its premises in +compliance with this chapter and all applicable city ordinances and state and +federal laws. +      (3)   A plan of action for maintaining the building and its premises in a +safe and secure manner, including but not limited to any provisions for +lighting, security patrols, alarm systems, fire suppression systems, and +securing the building from unauthorized entry. +      (4)   A plan of action for occupying or selling the building, including +but not limited to a time schedule for renovating or repairing the building and +a time schedule for marketing, advertising, or offering the building for sale +or lease. +      (5)   A plan of action and time schedule for any demolition of the +building. +   (c)   A registrant may update the vacant building plan at any time, but +shall provide the director with an updated vacant building plan at least once +every six months that the building is required to be registered under this +chapter. (Ord. Nos. 27248; 32145) +ARTICLE IV. +REGISTRATION AND INSPECTION OF VACANT LOTS AND BUILDINGS LOCATED OUTSIDE THE +CENTRAL BUSINESS DISTRICT. +SEC. 48B-18.   SCOPE. +   The provisions of this article apply to all vacant lots and buildings +located outside of the central business district. (Ord. 32145) +SEC. 48B-19.   REGISTRATION REQUIRED; DEFENSES. +   (a)   A person commits an offense if the person owns or operates a vacant +building or vacant lot located outside the central business district without a +valid certificate of registration and has at least two non-complied property +maintenance violations during any six-month period. A separate certificate of +registration is required for each street address at which any vacant building +or vacant lot is located, regardless of any separate occupied buildings or +vacant lots that may also be located at the same street address. If more than +one vacant building is located at the same street address, a certificate of +registration is required for each separate vacant building. Suite numbers and +apartment unit numbers will not be considered in determining the street address +of a vacant building or lot. +   (b)   It is a defense to prosecution under this section that: +      (1)   the building was occupied within the 45-day period preceding the +date of the alleged offense; +      (2)   at the time of the alleged offense, the building was in the process +of being renovated, rehabilitated, repaired, or demolished (pursuant to +appropriate and valid permits issued by the building official, if required) and +had been occupied within the 90-day period preceding the date of the alleged +offense; +      (3)   at the time of the alleged offense, the vacant building or vacant +lot was in the process of being actively marketed and advertised for lease or +sale and had been occupied within the 90-day period preceding the date of the +alleged offense; +      (4)   within the 90-day period preceding the date of the alleged offense, +the building suffered damage or destruction from a fire, flood, storm, or +similar event that rendered the building incapable of being occupied, except +that this defense does not apply if the building was rendered incapable of +being occupied by the intentional act of the owner, operator, lessee, or other +invitee or an agent of the owner, operator, lessee, or other invitee; or +      (5)   the vacant building or vacant lot is owned by the city of Dallas, +the State of Texas, or the United States government or is a site primarily +utilized as farm or agricultural land. (Ord. 32145) +SEC. 48B-20.   REGISTRATION APPLICATION. +   (a)   To obtain a certification of registration for a vacant building or +vacant lot under this article, a person must submit an application on a form +provided for that purpose to the director. The applicant must be the person who +will own, control, or operate the vacant building or vacant lot. The +application must contain all of the following information: +      (1)   The name, street address, mailing address, email address, and +telephone number of the applicant and the applicant's authorized agent, if +applicable. +      (2)   The name, street address, email address, and telephone number of a +person or person to contact in an emergency as required by Section +48B-28 of this chapter. +      (3)   The number of buildings (including vacant and occupied buildings, +dwelling units, swimming pools, and spas located in or on the premises of the +vacant building). (Ord. 32145) +SEC. 48B-21.   REGISTRATION FEE AND INSPECTION CHARGE. +   (a)   The fee for a certificate of registration for a vacant building or +vacant lot is as follows: +      (1)   Basic property registration is $124.00 +      (2)   Problem property registration is $196.00. +   (b)   When a vacant lot or vacant building is classified as a problem +property, the owner of the property may be subject to monthly monitoring and +inspections for the purpose of enforcing and ensuring compliance with this +section and other applicable regulations. A separate fee of $219 will be +assessed each time the property is inspected and a property maintenance +violation is present. The inspection fee will be assessed when: +      (1)   responding to a complaint received by code compliance and a +property maintenance violation is present; +      (2)   performing a 30-day monitoring inspection and a property +maintenance violation is present; or +      (3)   performing a reinspection of the property and the property +maintenance violation has not been corrected. (Ord. Nos. 32145; 32556) +SEC. 48B-22.   ISSUANCE, DENIAL, AND DISPLAY OF CERTIFICATE OF REGISTRATION. +   (a)   Upon payment of all required fees, the director shall issue a +certificate of registration for a vacant building or vacant lot to the +applicant if the director determines that: +      (1)   the applicant has complied with all requirements for issuance of +the certificate of registration; +      (2)   the applicant has not made a false statement as to a material +matter in an application of a certification of registration; and +      (3)   the applicant has no outstanding fees under this chapter. +   (b)   A certificate of registration issued under this section must be +displayed to the public in a manner and location approved by the director. The +certificate of registration must be presented upon request by the director or +to a peace officer for examination. (Ord. 32145) +SEC. 48B-23.   REVOCATION OF REGISTRATION. +   (a)   The director shall revoke a certificate of registration for a vacant +building or vacant lot issued under this article if the director determines +that: +      (1)   the registrant failed to comply with any provision of this chapter +or any other city ordinance or state or federal law applicable to the building; +      (2)   the registrant intentionally made a false statement as to a +material matter in the application or in a hearing concerning the certificate +of registration; or +      (3)   the registrant failed to pay a fee required by this chapter at the +time it was due. +   (b)   Before revoking a certificate of registration under Subsection (a), +the director shall deliver written notice to the registrant that the +certificate of registration is being considered for revocation. The notice must +include the reason for the proposed revocation, action the registrant must take +to prevent the revocation, and a statement that the registrant has 10 days +after the date of delivery to comply with the notice. +   (c)   If, after 10 days from the date the notice required in Subsection (b) +is delivered, the registrant has not complied with the notice, the director +shall revoke the certificate of registration and deliver written notice of the +revocation to the registrant. The notice must include the reason for the +revocation, the date the director orders the revocation, and a statement +informing the registrant of the right of appeal. (Ord. 32145) +SEC. 48B-24.   APPEALS. +   If the director denies issuance or renewal of a certificate of registration +or revokes a certificate of registration, this action is final unless the +applicant or registrant files an appeal with the permit and license appeal +board in accordance with Section +2-96 of this code. (Ord. 32145) +SEC. 48B-25.   EXPIRATION AND RENEWAL OF REGISTRATION. +   (a)   A certificate of registration for a vacant building or vacant lot +expires the earlier of: +      (1)   one year after the date of issuance; +      (2)   the date the vacant building or vacant lot changes controlling +ownership, as determined by the director; +      (3)   the date the vacant building becomes occupied, as determined by the +director; +      (4)   the date the vacant building is demolished, as determined by the +director; or +      (5)   the date the owner of a vacant lot receives an approved building +permit from the city's building official to build, construct, or erect an +edifice or building that is intended to be legally occupied. +   (b)   A certificate of registration may be renewed by making an application +in accordance with Section +48B-20 and paying the registration fee and inspection charge required by +Section +48B-21. A registrant shall apply for renewal at least 30 days before the +expiration of the certificate of registration. (Ord. 32145) +SEC. 48B-26.   NONTRANSFERABILITY. +   A certificate of registration for a vacant building or vacant lot is not +transferable. (Ord. 32145) +SEC. 48B-27.   PROPERTY INSPECTIONS. +   (a)   For the purpose of ascertaining whether violations of this chapter or +any other city ordinance or state or federal law applicable to the vacant +building or vacant lot exist, the director is authorized at a reasonable time +to inspect: +      (1)   the vacant lot; +      (2)   the exterior of a vacant building; and +      (3)   the interior of a vacant building, if the permission of the owner, +operator, or other person in control is given or a search warrant is obtained. +   (b)   The director shall inspect a vacant building located outside the +central business district or a vacant lot at least once during each 12-month +period that the building is not occupied or lot that does not have a permitted +structure. +   (c)   An applicant or registrant shall permit representatives of the police +department, the fire department, the department of code compliance, and the +building official to inspect the interior and exterior of a vacant building, or +vacant lot for the purpose of ensuring compliance with the law, at reasonable +times upon request. The applicant or registrant commits an offense if he, +either personally or through an agent or employee, refuses to permit a lawful +inspection of the vacant building or vacant lot as required by this subsection. +   (d)   When a vacant building or vacant lot is inspected by the director and +a violation of this chapter or any other city ordinance or state or federal law +applicable to the building or lot is found, the building or premises will, +after the expiration of any time limit for compliance given in a notice or +order issued because of the violation, be reinspected by the director to +determine that the violation has been eliminated. (Ord. 32145) +SEC. 48B-28.    EMERGENCY RESPONSE INFORMATION FOR PROBLEM PROPERTIES. +   (a)   An owner, operator, or other person in control of a vacant building or +vacant lot that is required to register as a problem property shall provide the +director with the name, street address, mailing address, email address, and +telephone number of a person or persons who can be contacted 24 hours a day, +seven days a week, in the event of an emergency condition in or on the premises +of the vacant building or vacant lot. An emergency condition includes any fire, +natural disaster, collapse hazard, burst pipe, serious police incident, or +other condition that requires an immediate response to prevent harm to property +or the public. +   (b)   The owner, operator, or other person in control of the vacant building +or vacant lot shall notify the director within five days after any change in +the emergency response information. +   (c)   The owner, operator, or other person in control of a vacant building +or vacant lot, or an authorized agent, must arrive at the premises within one +hour after a contact person named under this section is notified by the city or +emergency response personnel that an emergency condition has occurred on the +premises. +   (d)   A sign containing the emergency contact information required in +Subsection (a) of this section must be attached in a conspicuous location on +the exterior of each facade of the vacant building or vacant lot that faces a +public right-of-way. +   (e)   The sign required by Subsection (d) must: +      (1)   comply with the city's sign regulations; +      (2)   be a minimum of four feet tall and four feet wide, not to exceed 20 +square feet; +      (3)   be less than eight feet in height; +      (4)   have lettering not less than six inches high and six inches wide in +black font on a yellow background; +      (5)   be constructed of rigid weather-resistant material; +      (6)   be readable day and night; and +      (7)   be clearly visible from the public right-of-way. +   (f)   A person commits an offense if he removes or obstructs or allows the +removal or obstruction of a sign required to be posted on a vacant building or +vacant lot under this section. It is a defense to prosecution under this +subsection that the removal or obstruction was caused by: +      (1)   a city employee in the performance of official duties; or +      (2)   the owner, operator, or lessee of the vacant building for the +purpose of: +         (A)   repairing or maintaining the sign; +         (B)   complying with this chapter or a rule or regulation promulgated +under this chapter; or +         (C)   removing the sign when registration of the vacant building or +vacant lot is no longer required under this chapter. +   (g)   A minor variation of a required or minimum height or width of a sign +or lettering is not a violation of this section. (Ord. 32145) +CHAPTER 48C +VEHICLE IMMOBILIZATION SERVICE +ARTICLE I. +GENERAL PROVISIONS. +Sec. +48C-1.   Statement of policy. +Sec. +48C-2.   General authority and duty of director. +Sec. +48C-3.   Establishment of rules and regulations. +Sec. +48C-4.   Exceptions. +Sec. +48C-5.   Definitions. +ARTICLE II. +VEHICLE IMMOBILIZATION SERVICE LICENSE. +Sec. +48C-6.   License required; application. +Sec. +48C-7.   License qualifications. +Sec. +48C-8.   License issuance; fee; display; transferability; expiration. +Sec. +48C-9.   Refusal to issue or renew license. +Sec. +48C-10.   Suspension of license. +Sec. +48C-11.   Revocation of license. +Sec. +48C-12.   Appeals. +ARTICLE III. +VEHICLE IMMOBILIZATION OPERATOR’S PERMIT. +Sec. +48C-13.   Vehicle immobilization operator’s permit required. +Sec. +48C-14.   Qualifications for a vehicle immobilization operator’s permit. +Sec. +48C-15.   Application for vehicle immobilization operator’s permit; fee. +Sec. +48C-16.   Investigation of application. +Sec. +48C-17.   Issuance and denial of vehicle immobilization operator’s permit. +Sec. +48C-18.   Expiration of vehicle immobilization operator’s permit. +Sec. +48C-19.   Provisional permit. +Sec. +48C-20.   Probationary permit. +Sec. +48C-21.   Duplicate permit. +Sec. +48C-22.   Display of permit. +Sec. +48C-23.   Suspension by a designated representative. +Sec. +48C-24.   Suspension of vehicle immobilization operator’s permit. +Sec. +48C-25.   Revocation of vehicle immobilization operator’s permit. +Sec. +48C-26.   Immobilizing a vehicle after suspension or revocation. +Sec. +48C-27.   Appeal from denial, suspension, or revocation. +ARTICLE IV. +MISCELLANEOUS LICENSEE AND OPERATOR REGULATIONS. +Sec. +48C-28.   Licensee’s and operator’s duty to comply. +Sec. +48C-29.   Licensee’s duty to enforce compliance by operators. +Sec. +48C-30.   Insurance. +Sec. +48C-31.   Information to be supplied upon request of director. +Sec. +48C-32.   Vehicle immobilization service records. +Sec. +48C-33.   Failure to pay ad valorem taxes. +ARTICLE V. +SERVICE RULES AND REGULATIONS. +Sec. +48C-34.   Apparel to be worn by vehicle immobilization operators. +Sec. +48C-35.   Immobilization of vehicles on public rights-of-way. +Sec. +48C-36.   Immobilization of authorized vehicles prohibited. +Sec. +48C-37.   Financial interests of parking lot owner and licensee prohibited. +Sec. +48C-38.   Requirement for parking fee receipt. +Sec. +48C-39.   Requirements for parking lot attendants. +Sec. +48C-40.   Requirements for posting signs. +Sec. +48C-41.   Requirements for immobilization. +Sec. +48C-42.   Requirements for installation and removal of a boot. +Sec. +48C-43.   Notification of vehicle owner. +ARTICLE VI. +VEHICLE IMMOBILIZATION SERVICE FEES. +Sec. +48C-44.   Maximum fee schedule; receipt for payment of immobilization fee and +outstanding parking fees. +ARTICLE VII. +VEHICLE IMMOBILIZATION EQUIPMENT. +Sec. +48C-45.   Vehicle immobilization equipment. +ARTICLE VIII. +ENFORCEMENT. +Sec. +48C-46.   Authority to inspect. +Sec. +48C-47.   Enforcement by police department. +Sec. +48C-48.   Correction order. +Sec. +48C-49.   Service of notice. +Sec. +48C-50.   Appeal. +Sec. +48C-51.   Offenses. +ARTICLE I. +GENERAL PROVISIONS. +SEC. 48C-1.   STATEMENT OF POLICY. +   It is the policy of the city to provide for the protection of the public +interest as it relates to the parking of vehicles on parking lots and to the +immobilization of those vehicles by applying a boot to a vehicle without the +consent of the vehicle owner or operator. To this end, this chapter provides +for the regulation of vehicle immobilization service, to be administered in a +manner that protects the public health and safety and promotes the public +convenience and necessity. (Ord. 27629, eff. 10-1-09) +SEC. 48C-2.   GENERAL AUTHORITY AND DUTY OF DIRECTOR. +   The director shall implement and enforce this chapter and may by written +order establish such rules and regulations, consistent with this chapter, as +may be determined necessary to discharge the director’s duty under, or to +effect the policy of, this chapter. (Ord. 27629) +SEC. 48C-3.   ESTABLISHMENT OF RULES AND REGULATIONS. +   (a)   Before adopting, amending, or abolishing a rule or regulation, the +director shall hold a public hearing on the proposal. +   (b)   The director shall fix the time and place of the hearing and, in +addition to notice required under the Open Meetings Act (Chapter 551, Texas +Government Code), as amended, shall notify each licensee and such other persons +as the director determines are interested in the subject matter of the hearing. +   (c)   After the public hearing, the director shall notify the licensees and +other interested persons of the action taken and shall post an order adopting, +amending, or abolishing a rule or regulation on the official bulletin board in +the city hall for a period of not fewer than 10 days. The order becomes +effective immediately upon expiration of the posting period. (Ord. 27629) +SEC. 48C-4.   EXCEPTIONS. +   This chapter does not apply to the immobilization of a vehicle by the city +as authorized under Section +28-5.1 of this code. (Ord. 27629) +SEC. 48C-5.   DEFINITIONS. +   In this chapter: +      (1)   BOOT means a lockable vehicle wheel clamp or similar device that is +designed to be placed on a parked vehicle to prevent the operation of the +vehicle until the device is unlocked and removed. +      (2)   CITY means the city of Dallas, Texas. +      (3)   CONVICTION means a conviction in a federal court or court of any +state or foreign nation or political subdivision of a state or foreign nation +that has not been reversed, vacated, or pardoned. +      (4)   DIRECTOR means the director of the department designated by the +city manager to enforce and administer this chapter, and includes +representatives, agents, and department employees designated by the director. +      (5)   IMMOBILIZE means to place a boot on a parked vehicle to prevent the +operation of the vehicle until the boot is unlocked and removed. The term +includes any installation, adjustment, or removal of a boot. +      (6)   LAWFUL ORDER means a verbal or written directive that: +         (A)   is issued by the director in the performance of official duties +in the enforcement of this chapter and any rules and regulations promulgated +under this chapter; and +         (B)   does not violate the United States Constitution or the Texas +Constitution. +      (7)   LICENSEE means a person licensed under this chapter to engage in +vehicle immobilization service. The term includes any owner or operator of the +licensed business. +      (8)   PARKING LOT means public or private property (other than public +right-of-way) that is used, wholly or in part, for paid motor vehicle parking +where payment for the parking is made: +         (A)   at the time of parking; and +         (B)   to a pay station or a uniformed parking lot attendant. +      (9)   PARKING LOT OWNER means a person, or the person’s agent or lessee, +who holds legal title, deed, or right of occupancy to a parking lot, but does +not include a vehicle immobilization service licensee or an employee or +representative of a vehicle immobilization service licensee. +      (10)   PERMITTEE means an individual who has been issued a vehicle +immobilization operator’s permit under this chapter. +      (11)   PERSON means an individual, assumed name entity, partnership, +joint-venture, association, corporation, or other legal entity. +      (12)   POLICE DEPARTMENT means the police department of the city of +Dallas. +      (13)   PROPERTY ENTRANCE means any point located on a parking lot that is +designed to provide access by a vehicle to the parking lot. +      (14)   RECEIPT means a decal, emblem, badge, sticker, ticket, or other +item given to a vehicle owner or operator as proof that the vehicle is +authorized to park on the parking lot. +      (15)   STREET means any public street, alley, road, right-of-way, or +other public way within the corporate limits of the city. The term includes all +paved and unpaved portions of the right-of-way. +      (16)   UNAUTHORIZED VEHICLE means a vehicle that is parked, stored, or +located on a parking lot without having paid the parking fee required by the +parking lot owner for parking on the parking lot. +      (17)   VEHICLE means a device in, on, or by which a person or property +may be transported on a public street. The term includes, but is not limited +to, an operable or inoperable automobile, truck, motorcycle, recreational +vehicle, or trailer, but does not include a device moved by human power or used +exclusively on a stationary rail or track. +      (18)   VEHICLE IMMOBILIZATION OPERATOR means any individual who installs, +affixes, places, adjusts, or removes a boot on or from a vehicle. +      (19)   VEHICLE IMMOBILIZATION OPERATOR’S PERMIT means a permit issued +under this chapter to an individual by the director authorizing that individual +to immobilize vehicles for a vehicle immobilization service in the city. +      (20)   VEHICLE IMMOBILIZATION SERVICE means the business of immobilizing +an unauthorized vehicle on a parking lot. +      (21)   VEHICLE IMMOBILIZATION SERVICE LICENSE means a license issued +under this chapter to a person by the director authorizing that person to +operate a vehicle immobilization service in the city. +      (22)   VEHICLE OWNER or OPERATOR means a person, or the designated agent +of a person, who: +         (A)   holds legal title to a vehicle, including any lienholder of +record; or +         (B)   has legal right of possession or legal control of a vehicle. +(Ord. 27629, eff. 10-1-09) +ARTICLE II. +VEHICLE IMMOBILIZATION SERVICE LICENSE. +SEC. 48C-6.   LICENSE REQUIRED; APPLICATION. +   (a)   A person commits an offense if, within the city, he, or his agent or +employee: +      (1)   engages in vehicle immobilization service on any property other +than a parking lot; +      (2)   engages in vehicle immobilization service without a valid vehicle +immobilization service license; +      (3)   causes a vehicle to be immobilized by a vehicle immobilization +service that does not hold a valid vehicle immobilization service license; or +      (4)   employs or contracts with a vehicle immobilization service not +licensed by the director under this article for the purpose of having a vehicle +immobilized. +   (b)   To obtain a vehicle immobilization service license, a person must make +written application to the director upon a form provided for that purpose. The +application must be signed by the person who will own, control, or operate the +proposed vehicle immobilization service. The application must be verified and +include the following information: +      (1)   The name, address, and telephone number of the applicant, the trade +name under which the applicant does business, and the street address and +telephone number of the vehicle immobilization service establishment. +      (2)   The number and type of boots utilized by the vehicle immobilization +service, including the make, model, and identification number. +      (3)   Documentary evidence from an insurance company indicating a +willingness to provide liability insurance as required by this chapter. +      (4)   A statement attesting that each boot and other vehicle +immobilization equipment used by the vehicle immobilization service has been +rendered for ad valorem taxation in the city and that the applicant is current +on payment of those taxes. +      (5)   A list, to be kept current, of the owners and management personnel +of the vehicle immobilization service, and of all employees who will +participate in vehicle immobilization service, including names, dates of birth, +state driver’s license numbers, social security numbers, and vehicle +immobilization operator’s permit numbers. +      (6)   A list of what methods of payment the applicant will accept from a +vehicle owner or operator for removal of a boot. +      (7)   Proof of a valid certificate of occupancy issued by the city in the +name of the company and for the location of the vehicle immobilization service +business. +      (8)   Any other information deemed necessary by the director. +      (9)   A nonrefundable application processing fee of $96. +   (c)   A person desiring to engage in vehicle immobilization service shall +register with the director a trade name that clearly differentiates the +person’s company from all other companies engaging in vehicle immobilization +service and shall use no other trade name for the vehicle immobilization +service. (Ord. Nos. 27629; 30215) +SEC. 48C-7.   LICENSE QUALIFICATIONS. +   (a)   To qualify for a vehicle immobilization service license, an applicant +must: +      (1)   be at least 19 years of age; +      (2)   be currently authorized to work full- time in the United States; +      (3)   be able to communicate in the English language; +      (4)   not have been convicted of a crime: +         (A)   involving: +            (i)   criminal homicide as described in Chapter 19 of the Texas +Penal Code; +            (ii)   kidnapping as described in Chapter 20 of the Texas Penal +Code; +            (iii)   a sexual offense as described in Chapter 21 of the Texas +Penal Code; +            (iv)   an assaultive offense as described in Chapter 22 of the +Texas Penal Code; +            (v)   robbery as described in Chapter 29 of the Texas Penal Code; +            (vi)   burglary as described in Chapter 30 of the Texas Penal Code, +but only if the offense was committed against a person with whom the applicant +came in contact while engaged in vehicle immobilization service; +            (vii)   theft as described in Chapter 31 of the Texas Penal Code, +but only if the offense was committed against a person with whom the applicant +came in contact while engaged in vehicle immobilization service; +            (viii)   fraud as described in Chapter 32 of the Texas Penal Code, +but only if the offense was committed against a person with whom the applicant +came in contact while engaged in vehicle immobilization service; +            (ix)   tampering with a governmental record as described in Chapter +37 of the Texas Penal Code, but only if the offense was committed against a +person with whom the applicant came in contact while engaged in vehicle +immobilization service; +            (x)   public indecency (prostitution or obscenity) as described in +Chapter 43 of the Texas Penal Code; +            (xi)   the transfer, carrying, or possession of a weapon in +violation of Chapter 46 of the Texas Penal Code, or of any comparable state or +federal law, but only if the violation is punishable as a felony under the +applicable law; +            (xii)   a violation of the Dangerous Drugs Act (Chapter 483, Texas +Health and Safety Code), or of any comparable state or federal law, but only if +the violation is punishable as a felony under the applicable law; +            (xiii)   a violation of the Controlled Substances Act (Chapter 481, +Texas Health and Safety Code), or of any comparable state or federal law, but +only if the violation is punishable as a felony under the applicable law; +            (xiv)   criminal attempt to commit any of the offenses listed in +Subdivision (4)(A)(i) through (xiii) of this subsection; and +         (B)   for which: +            (i)   less than two years have elapsed since the date of conviction +or the date of release from confinement imposed for the conviction, whichever +is the later date, if the applicant was convicted of a misdemeanor offense; +            (ii)   less than five years have elapsed since the date of +conviction or the date of release from confinement for the conviction, +whichever is the later date, if the applicant was convicted of a felony +offense; or +            (iii)   less than five years have elapsed since the date of the +last conviction or the date of release from confinement for the last +conviction, whichever is the later date, if, within any 24-month period, the +applicant has two or more convictions of any misdemeanor offense or combination +of misdemeanor offenses; +      (5)   not be addicted to the use of alcohol or narcotics; +      (6)   be subject to no outstanding warrants of arrest; and +      (7)   not employ any person who is not qualified under this subsection. +   (b)   An applicant who has been convicted of, or who employs a person who +has been convicted of, an offense listed in Subsection (a)(4), for which the +required time period has elapsed since the date of conviction or the date of +release from confinement imposed for the conviction, may qualify for a vehicle +immobilization service license only if the director determines that the +applicant, or the employee, is presently fit to engage in the business of a +vehicle immobilization service. In determining present fitness under this +section, the director shall consider the following: +      (1)   the extent and nature of the applicant’s, or employee’s, past +criminal activity; +      (2)   the age of the applicant, or employee, at the time of the +commission of the crime; +      (3)   the amount of time that has elapsed since the applicant’s, or +employee’s, last criminal activity; +      (4)   the conduct and work activity of the applicant, or employee, prior +to and following the criminal activity; +      (5)   evidence of the applicant’s, or employee’s, rehabilitation or +rehabilitative effort while incarcerated or following release; and +      (6)   other evidence of the applicant’s, or employee’s, present fitness, +including letters of recommendation from prosecution, law enforcement, and +correctional officers who prosecuted, arrested, or had custodial responsibility +for the applicant, or employee; the sheriff and chief of police in the +community where the applicant, or employee, resides; and any other persons in +contact with the applicant, or employee. +   (c)   It is the responsibility of the applicant, to the extent possible, to +secure and provide to the director the evidence required to determine present +fitness under Subsection (b) of this section. +   (d)   A licensee shall maintain a permanent and established place of +business at a location within the city where a vehicle immobilization service +is not prohibited by the Dallas Development Code. (Ord. 27629) +SEC. 48C-8.   LICENSE ISSUANCE; FEE; DISPLAY; TRANSFERABILITY; EXPIRATION. +   (a)   The director shall, within 30 days after the date of application, +issue a vehicle immobilization service license to an applicant who complies +with the provisions of this article. +   (b)   A license issued to a vehicle immobilization service authorizes the +licensee and any bona fide employee to engage in vehicle immobilization +service. +   (c)   The annual fee for a vehicle immobilization service license is $557, +prorated on the basis of whole months. The fee for issuing a duplicate license +for one lost, destroyed, or mutilated is $13. The fee is payable to the +director upon issuance of a license. No refund of a license fee will be made. +   (d)   A vehicle immobilization service license issued pursuant to this +article must be conspicuously displayed in the vehicle immobilization service +establishment. +   (e)   A vehicle immobilization service license, or any accompanying permit, +badge, sticker, ticket, or emblem, is not assignable or transferable. +   (f)   A vehicle immobilization service license expires June 30 of each year +and may be renewed by applying in accordance with Section +48C-6. Application for renewal must be made not less than 30 days or more than +60 days before expiration of the license and must be accompanied by the annual +license fee. (Ord. Nos. 27629; 30215) +SEC. 48C-9.   REFUSAL TO ISSUE OR RENEW LICENSE. +   (a)   The director shall refuse to issue or renew a vehicle immobilization +service license if the applicant or licensee: +      (1)   intentionally or knowingly makes a false statement as to a material +matter in an application for a license or license renewal, or in a hearing +concerning the license; +      (2)   has been convicted twice within a 12- month period or three times +within a 24-month period for violation of this chapter or has had a vehicle +immobilization service license revoked within two years prior to the date of +application; +      (3)   uses a trade name for the vehicle immobilization service other than +the one registered with the director; +      (4)   has had a vehicle immobilization service license suspended on three +occasions within 12 months for more than three days on each occasion; +      (5)   has been finally convicted for violation of another city, state, or +federal law that indicates a lack of fitness of the applicant to perform +vehicle immobilization service. +      (6)   fails to meet the service standards in the rules and regulations +established by the director; +      (7)   is not qualified under Section +48C-7 of this article; or +      (8)   uses a subcontractor to provide vehicle immobilization service. +   (b)   If the director determines that a license should be denied the +applicant or licensee, the director shall notify the applicant or licensee in +writing that the application is denied and include in the notice the specific +reason or reasons for denial and a statement informing the applicant or +licensee of the right to, and process for, appeal of the decision. (Ord. 27629) +SEC. 48C-10.   SUSPENSION OF LICENSE. +   (a)   The director may suspend a vehicle immobilization service license for +a definite period of time not to exceed 30 days or, if the deficiency is +detrimental to public safety, then for a period of time until the deficiency is +corrected, for one or more of the following reasons: +      (1)   Failure of the licensee to maintain any vehicle immobilization +equipment in a good and safe working condition. +      (2)   Violation by the licensee or an employee of the licensee of a +provision of this chapter or of the rules and regulations established by the +director under this chapter. +      (3)   Failure of the licensee’s operator to arrive at a parking lot +within 30 minutes after the time the licensee is notified to do so by the +vehicle owner or operator or the owner or operator’s representative. +   (b)   Written notice of the suspension must be served on the licensee and +must include the reason for suspension, the date the suspension begins, the +duration of the suspension, and a statement informing the licensee of the right +of appeal. +   (c)   The period of suspension begins on the date specified in the notice of +suspension or, in the case of an appeal, on the date ordered by the permit and +license appeal board, whichever applies. +   (d)   A licensee whose vehicle immobilization service license is suspended +shall not operate a vehicle immobilization service inside the city during the +period of suspension. (Ord. 27629) +SEC. 48C-11.   REVOCATION OF LICENSE. +   The director shall revoke a vehicle immobilization service license if the +director determines that the licensee has: +      (1)   intentionally or knowingly made a false statement as to a material +matter in the application or hearing concerning the license; +      (2)   intentionally or knowingly failed to comply with applicable +provisions of this chapter or with the conditions and limitations of the +license; +      (3)   operated a vehicle immobilization service not authorized by the +license or other applicable law; +      (4)   been finally convicted for violation of another city, state, or +federal law that indicates a lack of fitness of the licensee to perform vehicle +immobilization service; +      (5)   is under indictment for or has been convicted of any felony offense +while holding a license; +      (6)   does not qualify for a license under Section +48C-7 of this chapter; +      (7)   failed to pay a license fee required under this chapter; or +      (8)   violated Section +48C-44(c)(1) or (2) of this chapter. (Ord. 27629, eff. 10-1-09) +SEC. 48C-12.   APPEALS. +   Any person whose application for a license or license renewal is denied by +the director, or a licensee whose license has been revoked or suspended by the +director, may file an appeal with the permit and license appeal board in +accordance with Section +2-96 of this code. (Ord. 27629, eff. 10-1-09) +ARTICLE III. +VEHICLE IMMOBILIZATION OPERATOR’S PERMIT. +SEC. 48C-13.   VEHICLE IMMOBILIZATION OPERATOR’S PERMIT REQUIRED. +   (a)   A person commits an offense if he immobilizes a vehicle for a vehicle +immobilization service in the city without a valid vehicle immobilization +operator’s permit. +   (b)   A licensee commits an offense if he employs or otherwise allows a +person to immobilize a vehicle using a boot or other vehicle immobilization +equipment owned, controlled, or operated by the licensee unless the person has +a valid vehicle immobilization operator’s permit. (Ord. 27629, eff. 10-1-09) +SEC. 48C-14.   QUALIFICATIONS FOR A VEHICLE IMMOBILIZATION OPERATOR’S PERMIT. +   (a)   To qualify for a vehicle immobilization operator’s permit, an +applicant must: +      (1)   be at least 19 years of age; +      (2)   be currently authorized to work full- time in the United States; +      (3)   be able to communicate in the English language; +      (4)   not have been convicted of a crime: +         (A)   involving: +            (i)   criminal homicide as described in Chapter 19 of the Texas +Penal Code; +            (ii)   kidnapping as described in Chapter 20 of the Texas Penal +Code; +            (iii)   a sexual offense as described in Chapter 21 of the Texas +Penal Code; +            (iv)   an assaultive offense as described in Chapter 22 of the +Texas Penal Code; +            (v)   robbery as described in Chapter 29 of the Texas Penal Code; +            (vi)   burglary as described in Chapter 30 of the Texas Penal Code, +but only if the offense was committed against a person with whom the applicant +came in contact while engaged in vehicle immobilization service; +            (vii)   theft as described in Chapter 31 of the Texas Penal Code, +but only if the offense was committed against a person with whom the applicant +came in contact while engaged in vehicle immobilization service; +            (viii)   fraud as described in Chapter 32 of the Texas Penal Code, +but only if the offense was committed against a person with whom the applicant +came in contact while engaged in vehicle immobilization service; +            (ix)   tampering with a governmental record as described in Chapter +37 of the Texas Penal Code, but only if the offense was committed against a +person with whom the applicant came in contact while engaged in vehicle +immobilization service; +            (x)   public indecency (prostitution or obscenity) as described in +Chapter 43 of the Texas Penal Code; +            (xi)   the transfer, carrying, or possession of a weapon in +violation of Chapter 46 of the Texas Penal Code, or of any comparable state or +federal law, but only if the violation is punishable as a felony under the +applicable law; +            (xii)   a violation of the Dangerous Drugs Act (Chapter 483, Texas +Health and Safety Code), or of any comparable state or federal law, that is +punishable as a felony under the applicable law; +            (xiii)   a violation of the Controlled Substances Act (Chapter 481, +Texas Health and Safety Code), or of any comparable state or federal law, that +is punishable as a felony under the applicable law; or +            (xiv)   criminal attempt to commit any of the offenses listed in +Subdivision (4)(A)(i) through (xiii) of this subsection; +         (B)   for which: +            (i)   less than two years have elapsed since the date of conviction +or the date of release from confinement imposed for the conviction, whichever +is the later date, if the applicant was convicted of a misdemeanor offense; +            (ii)   less than five years have elapsed since the date of +conviction or the date of release from confinement for the conviction, +whichever is the later date, if the applicant was convicted of a felony +offense; or +            (iii)   less than five years have elapsed since the date of the +last conviction or the date of release from confinement for the last +conviction, whichever is the later date, if, within any 24-month period, the +applicant has two or more convictions of any misdemeanor offense or combination +of misdemeanor offenses; +      (5)   not be addicted to the use of alcohol or narcotics; +      (6)   be subject to no outstanding warrants of arrest; +      (7)   be sanitary and well-groomed in dress and person; and +      (8)   be employed by the licensee. +   (b)   An applicant who has been convicted of an offense listed in Subsection +(a)(4) for which the required time period has elapsed since the date of +conviction or the date of release from confinement imposed for the conviction, +may qualify for a vehicle immobilization operator’s permit only if the director +determines that the applicant is presently fit to engage in the occupation of +vehicle immobilization. In determining present fitness under this section, the +director shall consider the following: +      (1)   the extent and nature of the applicant’s past criminal activity; +      (2)   the age of the applicant at the time of the commission of the +crime; +      (3)   the amount of time that has elapsed since the applicant’s last +criminal activity; +      (4)   the conduct and work activity of the applicant prior to and +following the criminal activity; +      (5)   evidence of the applicant’s rehabilitation or rehabilitative effort +while incarcerated or following release; and +      (6)   other evidence of the applicant’s present fitness, including +letters of recommendation from prosecution, law enforcement, and correctional +officers who prosecuted, arrested, or had custodial responsibility for the +applicant; the sheriff and chief of police in the community where the applicant +resides; and any other persons in contact with the applicant. +   (c)   It is the responsibility of the applicant, to the extent possible, to +secure and provide to the director the evidence required to determine present +fitness under Subsection (b) of this section and under Section +48C-20 of this article. (Ord. 27629) +SEC. 48C-15.   APPLICATION FOR VEHICLE IMMOBILIZATION OPERATOR’S PERMIT; FEE. +   To obtain a vehicle immobilization operator's permit, or renewal of a +vehicle immobilization operator's permit, a person must file with the director +a completed written application on a form provided for the purpose and a +nonrefundable application fee of $56. The director shall require each +application to state such information as the director reasonably considers +necessary to determine whether an applicant is qualified. (Ord. Nos. 27629; +30215) +SEC. 48C-16.   INVESTIGATION OF APPLICATION. +   (a)   The director shall obtain a current official criminal history report +(issued by the Texas Department of Public Safety within the preceding 12 +months) on each applicant to determine the applicant’s qualification under +Section +48C-14. The director shall obtain a list of any warrants of arrest for the +applicant that might be outstanding. +   (b)   The director may conduct such other investigation as the director +considers necessary to determine whether an applicant for a vehicle +immobilization operator’s permit is qualified. +   (c)   The director shall provide the applicant, upon written request, a copy +of all materials contained in the applicant’s file to the extent allowed under +the Public Information Act (Chapter 552, Texas Government Code), as amended. +(Ord. 27629) +SEC. 48C-17.   ISSUANCE AND DENIAL OF VEHICLE IMMOBILIZATION OPERATOR’S PERMIT. +   (a)   The director shall issue a vehicle immobilization operator’s permit to +an applicant, unless the director determines that the applicant is not +qualified. +   (b)   The director shall delay until final adjudication the approval of the +application of any applicant who is under indictment for or has charges pending +for a felony offense involving a crime described in Section +48C-14(a)(4)(A)(i), (ii), (iii), (iv), or (v) or criminal attempt to commit any +of those offenses. +   (c)   The director shall deny the application for a vehicle immobilization +operator’s permit if the applicant: +      (1)   is not qualified under Section +48C-14; or +      (2)   intentionally or knowingly makes a false statement of a material +fact in an application for a vehicle immobilization operator’s permit. +   (d)   If the director determines that a permit should be denied the +applicant, the director shall notify the applicant in writing that the +application is denied and include in the notice the specific reason or reasons +for denial and a statement informing the applicant of the right to, and process +for, appeal of the decision. (Ord. 27629, eff. 10-1-09) +SEC. 48C-18.   EXPIRATION OF VEHICLE IMMOBILIZATION OPERATOR’S PERMIT. +   Except in the case of a probationary or provisional permit, a vehicle +immobilization operator’s permit expires one year after the date of issuance. +(Ord. 27629) +SEC. 48C-19.   PROVISIONAL PERMIT. +   (a)   The director may issue a provisional vehicle immobilization operator’s +permit if the director determines that it is necessary pending completion of +investigation of an applicant for a vehicle immobilization operator’s permit. +   (b)   A provisional vehicle immobilization operator’s permit expires on the +date shown on the permit, which date shall not exceed 45 days after the date of +issuance, or on the date the applicant is denied a vehicle immobilization +operator’s permit, whichever occurs first. +   (c)   The director shall not issue a provisional permit to a person who has +been previously denied a vehicle immobilization operator’s permit. (Ord. 27629) +SEC. 48C-20.   PROBATIONARY PERMIT. +   (a)   The director may issue a probationary vehicle immobilization +operator’s permit to an applicant who is not qualified for a vehicle +immobilization operator’s permit under Section +48C-14 if the applicant: +      (1)   could qualify under Section +48C-14 for a vehicle immobilization operator’s permit within one year after the +date of application; and +      (2)   is determined by the director, using the criteria listed in Section +48C-14(b) of this article, to be presently fit to engage in the occupation of a +vehicle immobilization operator. +   (b)   A probationary vehicle immobilization operator’s permit may be issued +for a period not to exceed one year. +   (c)   The director may prescribe appropriate terms and conditions for a +probationary vehicle immobilization operator’s permit as the director +determines are necessary. (Ord. 27629) +SEC. 48C-21.   DUPLICATE PERMIT. +   If a vehicle immobilization operator's permit is lost or destroyed, the +director shall issue the permittee a duplicate permit upon payment to the city +of a duplicate permit fee of $14. (Ord. Nos. 27629; 30215) +SEC. 48C-22.   DISPLAY OF PERMIT. +   A vehicle immobilization operator shall at all times conspicuously display a +vehicle immobilization operator’s permit on the clothing of the driver’s upper +body. A vehicle immobilization operator shall allow the director or a peace +officer to examine the vehicle immobilization operator’s permit upon request. +(Ord. 27629) +SEC. 48C-23.   SUSPENSION BY A DESIGNATED REPRESENTATIVE. +   (a)   If a duly authorized representative designated by the director to +enforce this chapter determines that a permittee has failed to comply with this +chapter (except Section +48C-14) or a regulation established under this chapter, the representative may +suspend the vehicle immobilization operator’s permit for a period of time not +to exceed three days by personally serving the permittee with a written notice +of the suspension. The written notice must include the reason for suspension, +the date the suspension begins, the duration of the suspension, and a statement +informing the permittee of the right of appeal. +   (b)   A suspension under this section may be appealed to the director or the +director’s assistant if the permittee requests an appeal at the time the +representative serves notice of suspension or within 10 days after the notice +of suspension is served. When an appeal is requested, the suspension may not +take effect until a hearing is provided by the director or the director’s +assistant. +   (c)   The director may order an expedited hearing under this section, to be +held as soon as possible after the permittee requests an appeal, but at least +10 days advance notice of the hearing must be given to the permittee. The +director may affirm, reverse, or modify the order of the representative. The +decision of the director is final. (Ord. 27629, eff. 10-1-09) +SEC. 48C-24.   SUSPENSION OF VEHICLE IMMOBILIZATION OPERATOR’S PERMIT. +   (a)   If the director determines that a permittee has failed to comply with +this chapter (except Section +48C-14) or any regulation established under this chapter, the director shall +suspend the vehicle immobilization operator’s permit for a definite period of +time not to exceed 60 days. +   (b)   If at any time the director determines that a permittee is not +qualified under Section +48C-14 or is under indictment or has charges pending for a felony offense +involving a crime described in Section +48C-14(a)(4)(A)(i), (ii), (iii), (iv), or (v) or criminal attempt to commit any +of those offenses, the director shall suspend the vehicle immobilization +operator’s permit until such time as the director determines that the permittee +is qualified or that the charges against the permittee have been finally +adjudicated. +   (c)   A permittee whose vehicle immobilization operator’s permit is +suspended shall not immobilize a vehicle inside the city during the period of +suspension. +   (d)   The director shall notify the permittee in writing of a suspension +under this section and include in the notice: +      (1)   the reason for the suspension; +      (2)   the date the suspension is to begin; +      (3)   the duration of the suspension; and +      (4)   a statement informing the permittee of the right of appeal. +   (e)   The period of suspension begins on the date specified by the director +or, in the case of an appeal, on the date ordered by the appeal hearing +officer. (Ord. 27629, eff. 10-1-09) +SEC. 48C-25.   REVOCATION OF VEHICLE IMMOBILIZATION OPERATOR’S PERMIT. +   (a)   The director shall revoke a vehicle immobilization operator’s permit +if the director determines that a permittee: +      (1)   immobilized a vehicle inside the city during a period when the +vehicle immobilization operator’s permit was suspended; +      (2)   intentionally or knowingly made a false statement of a material +fact in an application for a vehicle immobilization operator’s permit; +      (3)   engaged in conduct that constitutes a ground for suspension under +Section +48C-24(a), and, at least two times within the 12-month period preceding the +conduct or three times within the 24-month period preceding the conduct, had +received either a suspension in excess of three days or a conviction for +violation of this chapter; +      (4)   engaged in conduct that could reasonably be determined to be +detrimental to the public safety; +      (5)   failed to comply with a condition of a probationary permit; or +      (6)   is under indictment for or has been convicted of any felony offense +while holding a vehicle immobilization operator’s permit. +   (b)   A person whose vehicle immobilization operator’s permit is revoked +shall not: +      (1)   apply for another vehicle immobilization operator’s permit before +the expiration of 12 months after the date the director revokes the permit or, +in the case of an appeal, the date the appeal hearing officer affirms the +revocation; or +      (2)   immobilize a vehicle inside the city. +   (c)   The director shall notify the permittee and the licensee in writing of +a revocation and include in the notice: +      (1)   the specific reason or reasons for the revocation; +      (2)   the date the director orders the revocation; and +      (3)   a statement informing the permittee of the right to, and process +for, appeal of the decision. (Ord. 27629, eff. 10-1-09) +SEC. 48C-26.   IMMOBILIZING A VEHICLE AFTER SUSPENSION OR REVOCATION. +   (a)   After receipt of a notice of suspension, revocation, or denial of +permit renewal, the permittee shall, on the date specified in the notice, +surrender the vehicle immobilization operator’s permit to the director and +discontinue immobilizing vehicles inside the city. +   (b)   Notwithstanding Section +48C-24(c), Section +48C-25(b), and Subsection (a) of this section, if the permittee appeals a +suspension or revocation under this section, the permittee may continue to +immobilize vehicles for a vehicle immobilization service pending the appeal +unless: +      (1)   the permittee’s vehicle immobilization permit is suspended pursuant +to Section +48C-24(b) or revoked pursuant to Section +48C-25(a)(6) of this article; or +      (2)   the director determines that continued operation by the permittee +would impose a serious and imminent threat to the public safety. (Ord. 27629, +eff. 10-1-09) +SEC. 48C-27.   APPEAL FROM DENIAL, SUSPENSION, OR REVOCATION. +   (a)   If the director denies, suspends, or revokes a vehicle immobilization +operator’s permit, the action is final unless the permittee files an appeal, in +writing, with the city manager not more than 10 business days after notice of +the director’s action is received. +   (b)   The city manager or a designated representative shall act as the +appeal hearing officer in an appeal hearing under this section. The hearing +officer shall give the appealing party an opportunity to present evidence and +make argument. The formal rules of evidence do not apply to an appeal hearing +under this section, and the hearing officer shall make a ruling on the basis of +a preponderance of the evidence presented at the hearing. +   (c)   The hearing officer may affirm, modify, or reverse all or part of the +action of the director being appealed. The decision of the hearing officer is +final as to available administrative remedies. (Ord. 27629) +ARTICLE IV. +MISCELLANEOUS LICENSEE AND OPERATOR REGULATIONS. +SEC. 48C-28.   LICENSEE’S AND OPERATOR’S DUTY TO COMPLY. +   (a)   Licensee. In the operation of a vehicle immobilization service, a +licensee shall comply with the terms and conditions of the vehicle +immobilization service license and, except to the extent expressly provided +otherwise by the license, shall comply with this chapter, rules and regulations +established under this chapter, and other law applicable to the operation of a +vehicle immobilization service. +   (b)   Operator. While on duty, a vehicle immobilization operator shall +comply with this chapter, regulations established under this chapter, and +orders issued by the licensee employing the vehicle immobilization operator in +connection with the licensee’s discharging of its duty under its vehicle +immobilization service license and this chapter. (Ord. 27629) +SEC. 48C-29.   LICENSEE’S DUTY TO ENFORCE COMPLIANCE BY OPERATORS. +   (a)   A licensee shall establish policy and take action to discourage, +prevent, or correct violations of this chapter by vehicle immobilization +operators who are employed by the licensee. +   (b)   A licensee shall not permit a vehicle immobilization operator who is +employed by the licensee to immobilize a vehicle if the licensee knows or has +reasonable cause to suspect that the operator has failed to comply with this +chapter, the rules and regulations established by the director, or other +applicable law. (Ord. 27629) +SEC. 48C-30.   INSURANCE. +   (a)   A licensee shall procure and keep in full force and effect commercial +general liability and business automobile liability insurance written by an +insurance company that: +      (1)   is approved, licensed, or authorized by the State of Texas; +      (2)   is acceptable to the city; and +      (3)   does not violate the ownership/ operational control prohibition +described in Subsection (i) of this section. +   (b)   The insurance must be issued in the standard form approved by the +Texas Department of Insurance, and all provisions of the policy must be +acceptable to the city. The insured provisions of the policy must name the city +and its officers and employees as additional insureds. The coverage provisions +must provide coverage for any loss or damage that may arise to any person or +property by reason of the operation of a vehicle immobilization service by the +licensee, including but not limited to damage to an immobilized vehicle caused +directly or indirectly by improper installation or removal of a boot. +   (c)   The commercial general liability insurance must be on a broad form and +must provide coverage for, but is not limited to, premises/operations and +personal and advertising injury with minimum combined bodily injury (including +death) and property damage limits of not less than $500,000 per occurrence and +a general aggregate limit of not less than $1,000,000 for all occurrences for +each policy year. +   (d)  ��The business automobile liability insurance must provide a combined +single limit of liability for bodily injury (including death) and property +damage of not less than $500,000 for each occurrence for each vehicle owned, +hired, or otherwise used in the vehicle immobilization service by the licensee +or the licensee’s employees. +   (e)   Insurance required by this section may be obtained from an assigned +risk pool if: +      (1)   all of the policies and coverages are managed by one agent; and +      (2)   one certificate of insurance is issued to the city. +   (f)   The insurance required under this section must include: +      (1)   a cancellation provision in which the insurance company is required +to notify the director in writing not fewer than 30 days before canceling, +failing to renew, or making a material change to the insurance policy; +      (2)   a provision to cover all boots and other immobilization equipment, +whether owned or not owned by the licensee, that are operated under the +license; and +      (3)   a provision requiring the insurance company to pay every claim on a +first-dollar basis. +   (g)   A license will not be granted or renewed unless the applicant or +licensee furnishes the director with such proof of insurance as the director +considers necessary to determine whether the applicant or licensee is +adequately insured under this section. +   (h)   If the insurance of a licensee lapses or is canceled and new insurance +is not obtained, the director shall suspend the license until the licensee +provides evidence that insurance coverage required by this section has been +obtained. A person shall not operate a vehicle immobilization service while a +license is suspended under this section whether or not the action is appealed. +A $52 fee must be paid before a license suspended under this section will be +reinstated. +   (i)   No person with any direct or indirect ownership interest in the +licensee’s vehicle immobilization service may have any operational control, +direct or indirect, in any insurance company that provides insurance required +by this section to the vehicle immobilization service. For purposes of this +subsection, “operational control” means holding any management position with +the insurance company (including, but not limited to, the chief executive +officer, the president, any vice- president, or any person in a decision-making +position with respect to insurance claims) or having the right to control the +actions or decisions of any person in such a management position in the +insurance company. (Ord. Nos. 27629; 30215) +SEC. 48C-31.   INFORMATION TO BE SUPPLIED UPON REQUEST OF DIRECTOR. +   Upon request of the director, a licensee shall submit to the director the +following information: +      (1)   A current consolidated list of vehicle immobilization equipment. +      (2)   A current financial statement that includes a balance sheet and +income statement. +      (3)   Names of current officers, owners, and managers. +      (4)   A list of current vehicle immobilization operators employed by the +licensee, with their vehicle immobilization operator’s permits indicated. +      (5)   The trade name of the vehicle immobilization service. +      (6)   A current list of parking lot owners with which the licensee has a +written agreement to immobilize vehicles and the parking lot locations where +vehicle immobilization is authorized to be performed under the written +agreement. (Ord. 27629, eff. 10-1-09) +SEC. 48C-32.   VEHICLE IMMOBILIZATION SERVICE RECORDS. +   (a)   For each vehicle immobilized by a vehicle immobilization service, a +licensee shall retain records including, but not limited to, the following +information: +      (1)   A physical description of the immobilized vehicle, including the +make, model, color, state license plate number, and vehicle identification +number of the vehicle. +      (2)   The location at which the vehicle was immobilized and the date and +time of immobilization. +      (3)   The reason for immobilization of the vehicle. +      (4)   Any photographs taken of the immobilized vehicle. +      (5)   A copy of the written authorization by the parking lot owner for +the vehicle to be immobilized by the licensee or a current written +immobilization agreement between the parking lot owner and the licensee, as +required by Section +48C-41. +      (6)   A copy of the receipt issued by the licensee or permittee to a +vehicle owner or operator upon removal of a boot in accordance with Section +48C-44 of this chapter. +   (b)   The licensee shall retain the records required under Subsection (a) +and any other records required by this chapter for not less than three years +after the date of immobilization of the vehicle. The licensee shall make the +records available for inspection by the director or a peace officer upon +reasonable notice and request. (Ord. 27629, eff. 10-1-09) +SEC. 48C-33.   FAILURE TO PAY AD VALOREM TAXES. +   A licensee or an applicant for a vehicle immobilization service license +shall not allow the payment of ad valorem taxes upon any vehicle, equipment, or +property used directly or indirectly in connection with the vehicle +immobilization service to become delinquent. (Ord. 27629, eff. 10-1-09) +ARTICLE V. +SERVICE RULES AND REGULATIONS. +SEC. 48C-34.   APPAREL TO BE WORN BY VEHICLE IMMOBILIZATION OPERATORS. +   (a)   A licensee shall specify and require an item of apparel or an item +placed on the apparel to be worn by vehicle immobilization operators employed +by the licensee, which item must be of such distinctive and uniform design as +to readily identify the licensee’s vehicle immobilization service and must bear +the name of the licensee’s vehicle immobilization service. The item specified +by each licensee must be approved by the director to ensure that operators of +one licensee may be easily distinguished from operators of another. +   (b)   While on duty, a vehicle immobilization operator shall wear the item +specified by the licensee who employs the operator and shall comply with such +other identification regulations prescribed by the vehicle immobilization +service license. +   (c)   Every vehicle immobilization service shall have company dress +standards for vehicle immobilization operators employed by the licensee. These +standards must be kept on file with the director and must include the +following: +      (1)   While on duty, a driver may not wear: +         (A)   apparel with offensive or suggestive language; +         (B)   cut offs; or +         (C)   tank tops or halter tops. +      (2)   Shoes must be worn at all times in the manner for which they were +designed. A vehicle immobilization operator may not wear beach or shower +thongs. +      (3)   A vehicle immobilization operator and the operator’s clothing must +conform to basic standards of hygiene and be neat, clean, and sanitary at all +times. (Ord. 27629, eff. 10-1-09) +SEC. 48C-35.   IMMOBILIZATION OF VEHICLES ON PUBLIC RIGHTS-OF-WAY. +   (a)   A licensee commits an offense if he, either personally or through an +employee or agent, immobilizes a vehicle on: +      (1)   a public street; or +      (2)   any area between the property line of private property abutting a +public street and the center line of the street’s drainage way or the curb of +the street, whichever is farther from the property line of the private +property. +   (b)   It is a defense to prosecution under Subsection (a) that: +      (1)   the vehicle was immobilized on a portion of public right-of-way +leased by the city to the person requesting immobilization of the vehicle, if +such immobilization was not prohibited by the lease and the immobilization was +done: +         (A)   by a vehicle immobilization service currently licensed under +this chapter; and +         (B)   in compliance with all the requirements of this chapter and any +other applicable city ordinance or state or federal law; or +      (2)   the vehicle immobilization was authorized by a police officer or a +traffic and parking controller under Section +28-5.1 of this code. (Ord. 27629, eff. 10-1-09) +SEC. 48C-36.   IMMOBILIZATION OF AUTHORIZED VEHICLES PROHIBITED. +   A person commits an offense if he intentionally or knowingly immobilizes or +causes the immobilization of a vehicle, other than an unauthorized vehicle, on +a parking lot. (Ord. 27629--) +SEC. 48C-37.   FINANCIAL INTERESTS OF PARKING LOT OWNER AND LICENSEE +PROHIBITED. +   (a)   A licensee commits an offense if he, either personally or through an +employee or agent: +      (1)   directly or indirectly gives anything of value, other than a sign +or notice required to be posted under this chapter, to a parking lot owner in +connection with the immobilization of a vehicle on the parking lot; or +      (2)   has a direct or indirect monetary interest in a parking lot on +which the licensee, for compensation, immobilizes or causes the immobilization +of an unauthorized vehicle. +   (b)   A parking lot owner commits an offense if he, either personally or +through an employee or agent: +      (1)   accepts anything of value, other than a sign or notice required to +be posted under this chapter, from a vehicle immobilization service in +connection with the immobilization of a vehicle on the parking lot; or +      (2)   has a direct or indirect monetary interest in a vehicle +immobilization service that, for compensation, immobilizes or causes the +immobilization of an unauthorized vehicle on the parking lot. +   (c)   It is a defense to prosecution under Subsection (a)(2) that: +      (1)   the licensee is an owner or employee of the parking lot on which +the vehicle is immobilized; and +      (2)   the licensee’s vehicle immobilization service does not charge any +vehicle immobilization fee authorized under Section +48C-44(a) of this chapter or any other fee, fine, or penalty to a vehicle owner +or operator for removal of a boot; except that, the licensee may collect any +outstanding parking fee, not including any fine or penalty, from the vehicle +owner or operator in accordance with Section +48C-44(b) of this chapter. +   (d)   It is a defense to prosecution under Subsection (b)(2) that: +      (1)   the parking lot owner is an owner or employee of a licensed vehicle +immobilization service; and +      (2)   the vehicle immobilization service in which the parking lot owner +has a financial interest does not charge any vehicle immobilization fee +authorized under Section +48C-44(a) of this chapter or any other fee, fine, or penalty to a vehicle owner +or operator for removal of the boot; except that, the parking lot owner may +collect any outstanding parking fee, not including any fine or penalty, from +the vehicle owner or operator in accordance with Section +48C-44(b) of this chapter. (Ord. 27629--) +SEC. 48C-38.   REQUIREMENT FOR PARKING FEE RECEIPT. +   (a)   A parking lot owner commits an offense if he, either personally or +through an employee or agent, immobilizes or causes the immobilization of a +vehicle on a parking lot unless at the time a vehicle is parked on the parking +lot, the parking lot owner provides a receipt in accordance with Subsection (b) +of this section to a vehicle owner or operator in exchange for payment of the +parking fee. +   (b)   A parking lot owner shall provide the receipt required under +Subsection (a) of this section by either an electronic pay station or a +uniformed parking lot attendant, and the receipt must indicate: +      (1)   the amount paid to park the vehicle by the vehicle owner or +operator; +      (2)   the date and time the parking fee was received from the vehicle +owner or operator; +      (3)   the time when authorization for the vehicle to be parked on the +parking lot expires; and +      (4)   the location of the parking lot on which the vehicle is parked. +(Ord. Nos. 27629; 27803) +SEC. 48C-39.   REQUIREMENTS FOR PARKING LOT ATTENDANTS. +   A parking lot owner that uses a parking lot attendant to collect the fee for +parking on the parking lot and to provide a vehicle owner or operator with the +parking fee receipt under Section +48C-38 shall specify and require an item of apparel to be worn by the parking +lot attendant that is of such distinctive and uniform design as to readily +identify the parking lot attendant as an employee or agent of the parking lot +owner authorized to receive payment. (Ord. 27629) +SEC. 48C-40.   REQUIREMENTS FOR POSTING SIGNS. +   (a)   A person commits an offense if he immobilizes or causes the +immobilization of a vehicle on a parking lot without signs being posted and +maintained on the parking lot in accordance with this section at the time of +immobilization and for at least 24 hours prior to immobilization of the +vehicle. +   (b)   Except as otherwise provided by Section +48C-41 of this chapter, at least one sign must be placed on the right or left +side of each driveway access or curb cut allowing access to the parking lot. If +curbs, access barriers, landscaping, or driveways do not establish definite +vehicle entrances onto the parking lot from a public roadway, other than an +alley, or if the width of an entrance exceeds 35 feet, signs must be placed at +intervals along the entrance so that no entrance is farther than 25 feet from a +sign. At least two signs must be placed on the interior of the parking lot. The +director may require one additional interior sign to be posted for each 50 +parking spaces over 150 contained on the lot. +   (c)   Each sign required by Subsection (b) to be placed upon a parking lot +must: +      (1)   be approved by the director; +      (2)   contain: +         (A)   the following information in white letters at least two inches +high on a bright red background: +            (i)   the words “VEHICLE IMMOBILIZATION ENFORCED”; and +            (ii)   a statement that payment for parking must be made to the pay +station or uniformed parking attendant; +         (B)   the following information on the next lower portion of the sign +in red letters at least one inch high on a white background: +            (i)   the words, “Unauthorized Vehicles Will Be Immobilized at +Owner’s or Operator’s Expense. Failure to Pay Parking Rate is Deemed Owner’s or +Operator’s Consent to Vehicle Immobilization”; and +            (ii)   the days and hours immobilization is enforced at the +location, which may be satisfied by a statement that immobilization is enforced +at all times; and +         (C)   the following information on the bottommost portion of the sign +in white letters at least one inch high on a bright red background: +            (i)   the name, street address, and current telephone number, +including area code, of the vehicle immobilization service; and +            (ii)   a telephone number answered 24 hours a day, seven days a +week, at which a vehicle owner or operator may obtain information to have the +boot removed from the vehicle, if different from the telephone number listed in +Subparagraph (C)(i); +      (3)   be at least 24 inches tall and 18 inches wide and constructed of a +rigid weather-resistant metal; +      (4)   be permanently mounted on a pole, post, permanent wall, or +permanent barrier; +      (5)   be readable day and night; +      (6)   be permanently installed on the parking lot in a manner and +location approved by the director so that the sign is facing and conspicuous to +any person entering the lot; and +      (7)   be posted so that the bottom edge of the sign is not lower than +five feet or higher than eight feet above ground level. +   (d)   In addition to the signs required to be posted under Subsection (b) of +this section, the following two signs must be posted and maintained on the +interior of the parking lot in a location and manner approved by the director: +      (1)   The first sign must meet all of the requirements of Subsection (c) +of this section, except that all wording must be in Spanish instead of English +and the translation must be approved by the director. +      (2)   The second sign must comply with form, size, color, and wording +requirements established by rule or regulation of the director and must include +the following information in both English and Spanish: +         (A)   the maximum vehicle immobilization fee that may be charged under +this chapter; and +         (B)   a statement of how and to whom a complaint concerning a +vehicle’s immobilization or a violation of this chapter can be made, which +information must be approved by the director. +   (e)   A person commits an offense if, on the same parking lot, he posts or +allows the posting of a sign or signs indicating the name of more than one +vehicle immobilization service. +   (f)   A person commits an offense if he removes or obstructs or allows the +removal or obstruction of a sign required by this section to be posted on a +parking lot. It is a defense to prosecution under this subsection that the +removal or obstruction was caused by: +      (1)   a city employee in the performance of official duties; or +      (2)   the parking lot owner or vehicle immobilization service licensee or +operator authorized by the parking lot owner for the purpose of: +         (A)   repairing or maintaining the sign; +         (B)   complying with this chapter or a rule or regulation promulgated +under this chapter; or +         (C)   terminating a vehicle immobilization service agreement for the +parking lot. +   (g)   A minor variation of a required or minimum height of a sign or +lettering is not a violation of this chapter. +   (h)   It is a defense to prosecution under Subsection (a) of this section +that the vehicle was immobilized by or under the direction of a police officer +or traffic and parking controller of the city. (Ord. 27629) +SEC. 48C-41.   REQUIREMENTS FOR IMMOBILIZATION. +   (a)   A person commits an offense if he immobilizes or causes the +immobilization of a vehicle on a parking lot unless: +      (1)   at the time the vehicle is to be immobilized: +         (A)   the parking lot owner signs written authorization for +immobilization of the vehicle by the vehicle immobilization service, or +         (B)   a current written agreement exists between the parking lot owner +and the vehicle immobilization service authorizing immobilization of +unauthorized vehicles on the parking lot and a photograph is taken reasonably +showing that the immobilized vehicle was unauthorized on the parking lot; and +      (2)   at the time the vehicle is to be immobilized and for at least 24 +hours prior to immobilization: +         (A)   a sign is posted and maintained on the parking lot that: +            (i)   is facing and conspicuous to any person entering the lot; and +            (ii)   displays all parking rates, including special event rates, +charged by the parking lot owner, along with any corresponding day, time, and +event for which the rates are charged; +         (B)   all numbered parking spaces in the parking lot are correctly +numbered and easily readable both day and night; and +         (C)   the parking lot: +            (i)   is in compliance with all city, state, and federal laws +applicable to parking lots; and +            (ii)   meets the requirements for surface parking lots set forth in +Section +51A-4.124(a)(9)(E) and (F) of the Dallas City Code, as amended, regardless of +where in the city the parking lot is located. +   (b)   The written authorization for immobilization required by Subsection +(a)(1)(A) must contain: +      (1)   a description of the vehicle to be immobilized including the make, +model, color, state license plate number, and vehicle identification number of +the vehicle; +      (2)   the date and time of the vehicle’s immobilization; +      (3)   the location at which the vehicle is immobilized; +      (4)   the reasons for immobilizing the vehicle; and +      (5)   the signature of the parking lot owner. +   (c)   The written agreement required by Subsection (a)(1)(B) must: +      (1)   contain a clear election, signed by the parking lot owner or the +parking lot owner’s duly authorized agent, as to whether the vehicle +immobilization service is authorized to immobilize unauthorized vehicles on the +parking lot 24 hours a day, seven days a week or only during the normal +business hours of the parking lot owner; and +      (2)   be renewed at least every two years and whenever there is a change +in ownership of the parking lot. (Ord. 27629) +SEC. 48C-42.   REQUIREMENTS FOR INSTALLATION AND REMOVAL OF A BOOT. +   A licensee or permittee commits an offense if he, either personally or +through an employee or agent: +      (1)   immobilizes a vehicle and fails to install at least one boot on a +tire located on the driver’s side of the vehicle; +      (2)   immobilizes a vehicle on a parking lot for which the parking lot +owner does not provide a receipt to the vehicle owner or operator under Section +48C-38 of this article; +      (3)   fails to arrive at a parking lot within 30 minutes after the time +the licensee is notified to do so by the vehicle owner or operator or the owner +or operator’s representative; or +      (4)   fails to remove a boot without charge to the vehicle owner or +operator, or to the parking lot owner, if the removal is requested before the +boot is completely installed. (Ord. Nos. 27629; 27803) +SEC. 48C-43.   NOTIFICATION OF VEHICLE OWNER. +   (a)   A licensee or permittee shall provide the owner of any vehicle +immobilized on a parking lot by the licensee with written notice containing the +following information: +      (1)   The company name, address, telephone number, and vehicle +immobilization service license number of the licensee. +      (2)   A statement that the vehicle has been immobilized and damage may +occur if the vehicle is moved. +      (3)   The date and time the vehicle was immobilized. +      (4)   An explanation of how to request removal of the boot from the +vehicle, including a telephone number, answered 24 hours a day, at which a +vehicle owner or operator may obtain information to have the boot removed from +the vehicle. +      (5)   The amount of the immobilization fee and any outstanding parking +fees. +      (6)   A statement approved by the director explaining how and to whom a +complaint concerning the vehicle’s immobilization or a violation of this +chapter can be made. +      (7)   A statement that the vehicle owner or operator has a right to +request a hearing under Subchapter J, Chapter 2308 of the Texas Occupations +Code, as amended, regarding whether probable cause existed to immobilize the +vehicle. +   (b)   The notice must be adhered to the front windshield and driver’s side +window of the vehicle at the time of immobilization. +   (c)   The licensee shall include with the notice required under Subsection +(a) of this section a notice that complies with the content requirements of +Section 2308.455 of the Texas Occupations Code, as amended. (Ord. 27629) +ARTICLE VI. +VEHICLE IMMOBILIZATION SERVICE FEES. +SEC. 48C-44.   MAXIMUM FEE SCHEDULE; RECEIPT FOR PAYMENT OF IMMOBILIZATION FEE +AND OUTSTANDING PARKING FEES. +   (a)   The maximum fee that a licensee or permittee may charge is $100 for +immobilization of an unauthorized vehicle. +   (b)   A licensee or permittee may collect any outstanding parking fee, not +including any fine or penalty, from the vehicle owner or operator on behalf of +the parking lot owner. +   (c)   A licensee or permittee commits an offense if he, either personally or +through an employee or agent, charges: +      (1)   more than the maximum fee allowed by this section for vehicle +immobilization; or +      (2)   any fee in addition to the fees authorized in this section, +including any fee to process a payment made by a vehicle owner or operator in +the form of an electronic check, debit card, or major credit card. +   (d)   A licensee or permittee shall provide a vehicle owner or operator the +option of paying the fee for vehicle immobilization by cash, electronic check, +debit card, or major credit card. +   (e)   Upon removal of a boot, a licensee or permittee shall provide to the +vehicle owner or operator: +      (1)   a receipt in exchange for payment of the vehicle immobilization fee +or any outstanding parking fees; and +      (2)   notice of the right of the vehicle owner or operator to request a +hearing regarding whether probable cause existed to immobilize the vehicle, +which notice shall comply with Section 2308.455 of the Texas Occupations Code, +as amended. +   (f)   The receipt required under Subsection (e)(1) must indicate: +      (1)   the name of the licensee or permittee that removed the boot; +      (2)   the date and time the boot was removed from the vehicle; +      (3)   the name of the vehicle owner or operator; +      (4)   the amount paid by the vehicle owner or operator for the vehicle +immobilization fee and any outstanding parking fees; and +      (5)   the right of the vehicle owner or operator to request a hearing +under Subchapter J, Chapter 2308 of the Texas Occupations Code, as amended, +regarding whether probable cause existed to immobilize the vehicle. +   (g)   If a parking lot owner removes or causes the removal of a boot from a +vehicle that has been immobilized on a parking lot in order to have that +vehicle towed from the parking lot under +Chapter 48A of the Dallas City Code, the licensee or permittee who removes the +boot may not charge the vehicle owner or operator the vehicle immobilization +fee or any other fee, fine, or penalty for immobilization of the vehicle. The +vehicle tow service that tows the vehicle from the parking lot may charge the +vehicle owner or operator the vehicle tow service fee authorized under Section +48A-43 of this code. (Ord. 27629) +ARTICLE VII. +VEHICLE IMMOBILIZATION EQUIPMENT. +SEC. 48C-45.   VEHICLE IMMOBILIZATION EQUIPMENT. +   (a)   Each boot used by a vehicle immobilization service must: +      (1)   not be modified from the manufacturer’s design; and +      (2)   be maintained in a safe and good working condition. +   (b)   The director or a peace officer may, at any time, inspect a boot or +other equipment used by a licensee for vehicle immobilization service to +determine whether the equipment complies with this section. +   (c)   A licensee or permittee commits an offense if he, either personally or +through an employee or agent, immobilizes a vehicle with a boot that has not +been reported to the city under Section +48C-6(b) or +48C-31. (Ord. 27629) +ARTICLE VIII. +ENFORCEMENT. +SEC. 48C-46.   AUTHORITY TO INSPECT. +   (a)   The director or a peace officer may inspect any vehicle immobilization +service to determine whether the licensee or permittee complies with this +chapter, regulations established under this chapter, or other applicable law. +   (b)   A licensee or permittee, either personally or through an employee or +agent, shall not attempt to interfere or refuse to cooperate with the director +or a peace officer in the conduct of any investigation or discharge of any duty +pursuant to this chapter. (Ord. 27629) +SEC. 48C-47.   ENFORCEMENT BY POLICE DEPARTMENT. +   Officers of the police department shall assist in the enforcement of this +chapter. A police officer upon observing a violation of this chapter, or of any +regulation established by the director pursuant to this chapter, shall take +necessary enforcement action to ensure effective regulation of vehicle +immobilization service. (Ord. 27629) +SEC. 48C-48.   CORRECTION ORDER. +   (a)   If the director determines that a licensee, either personally or +through an employee or agent, violates this code, the terms of its license, a +regulation established by the director, or other law, the director may notify +the licensee in writing of the violation and by written order direct the +licensee to correct the violation within a reasonable period of time. In +setting the time for correction, the director shall consider the degree of +danger to the public health or safety and the nature of the violation. If the +violation involves equipment that is unsafe or functioning improperly, the +director shall order the licensee to immediately cease use of the equipment. +   (b)   If the director determines that a violation constitutes an imminent +and serious threat to the public health or safety, the director shall order the +licensee to correct the violation immediately, and, if the licensee fails to +comply, the director shall promptly take or cause to be taken such action as +the director considers necessary to enforce the order immediately. +   (c)   The director shall include in a notice issued under this section an +identification of the specific violation, the date of issuance of the notice +and the time period within which the violation must be corrected, a warning +that failure to comply with the order may result in suspension or revocation of +license or imposition of a fine or both, and a statement indicating that the +order may be appealed to the city manager. (Ord. 27629) +SEC. 48C-49.   SERVICE OF NOTICE. +   (a)   A licensee shall designate and maintain a representative to receive +service of notice required under this chapter to be given a licensee. +   (b)   Notice required under this chapter to be given to: +      (1)   a licensee must be personally served by the director on the +licensee or the licensee’s designated representative; or +      (2)   a permittee must be personally served or sent by certified United +States Mail, five day return receipt requested, to the address, last known to +the director, of the person to be notified. +   (c)   Notice required under this chapter to be given to a person other than +a licensee or permittee may be served in the manner prescribed by Subsection +(b)(2). +   (d)   Service executed in accordance with this section constitutes notice to +the person to whom the notice is addressed. The date of service for notice that +is mailed is the date received. (Ord. 27629) +SEC. 48C-50.   APPEAL. +   (a)   A licensee may appeal a correction order issued under Section +48C-48 if an appeal is requested in writing not more than 10 days after notice +of the order or action is received. +   (b)   The city manager or a designated representative shall act as the +appeal hearing officer in an appeal hearing under this section. The hearing +officer shall give the appealing party an opportunity to present evidence and +make argument. The formal rules of evidence do not apply to an appeal hearing +under this section, and the hearing officer shall make a ruling on the basis of +a preponderance of evidence presented at the hearing. +   (c)   The hearing officer may affirm, modify, or reverse all or a part of +the order of the director. The decision of the hearing officer is final. (Ord. +27629) +SEC. 48C-51.   OFFENSES. +   (a)   A person commits an offense if he violates a provision of this chapter +applicable to him. A separate offense is committed each day in which an offense +occurs. +   (b)   An offense committed under this chapter is punishable by a fine of not +less than $200 or more than $500. The minimum fine established in this +subsection will be doubled for the second conviction of the same offense within +any 24-month period and trebled for the third and subsequent convictions of the +same offense within any 24-month period. At no time may the minimum fine exceed +the maximum fine established in this subsection. +   (c)   The culpable mental state required for the commission of an offense +under this chapter is governed by Section +1-5.1 of this code. +   (d)   Prosecution for an offense under Subsection (a) does not prevent the +use of other enforcement remedies or procedures applicable to the person +charged with the conduct or involved in the offense. (Ord. 27629) +CHAPTER 49 +WATER AND WASTEWATER +ARTICLE I. +GENERAL. +Sec. +49-1.   Definitions. +Sec. +49-2.   Chapter enforcement. +ARTICLE II. +RATES, CHARGES AND COLLECTIONS. +Sec. +49-3.   Application for service; contents of application. +Sec. +49-4.   Security deposits; exemptions. +Sec. +49-5.   Use of security deposits. +Sec. +49-6.   Security deposit refunds. +Sec. +49-7.   Payments of fees for services; delinquency of charges; discontinuance +or refusal of service; notice of discontinuance. +Sec. +49-8.   New application for premises with delinquent charges. +Sec. +49-9.   Meters required; meters to be read monthly; estimated charge; water +leakage. +Sec. +49-10.   Collection regulations; payment substation and payment service +contracts. +Sec. +49-11.   Waiver of substation security requirement. +Sec. +49-12.   Joint owners or users; liability for charges; transfer of accounts. +Sec. +49-13.   Water lien procedure. +Sec. +49-14.   Notice of water lien. +Sec. +49-15.   Notice of vacancy or transfer of property. +Sec. +49-16.   Permission of owner or customer to be secured before using water; use +before filing application for service. +Sec. +49-17.   Director’s authority to contract; rates as consideration. +Sec. +49-18.1.   Rates for treated water service. +Sec. +49-18.2.   Rates for wastewater service. +Sec. +49-18.3.   General service: Separate billing. +Sec. +49-18.4.   Rates for wholesale water and wastewater service to governmental +entities. +Sec. +49-18.5.   Rate for untreated water. +Sec. +49-18.6.   Fees for inspection and testing of meters and backflow prevention +devices. +Sec. +49-18.7.   Service connection charges. +Sec. +49-18.8.   Security deposit amounts. +Sec. +49-18.9.   Charges for use of fire hydrants. +Sec. +49-18.10.   Special assessment rates; lot and acreage fees. +Sec. +49-18.11.   Evaluated cost tables for oversize, side, or off-site facilities. +Sec. +49-18.12.   Industrial surcharge rate formula for excessive concentrations. +Sec. +49-18.13.   Charges for transporters of septic tank waste. +Sec. +49-18.14.   Rates for development review activities. +Sec. +49-18.15.   Payment table. +Sec. +49-18.16.   Miscellaneous charges and provisions; rates where no charge +specified. +Sec. +49-18.17.   Hydrostatic testing of water mains. +ARTICLE III. +WATER AND WASTEWATER GENERALLY. +Sec. +49-19.   Control of and access to systems; interference with access generally. +Sec. +49-20.   Emergency authority. +Sec. +49-21.   Adequacy of supply. +Sec. +49-21.1.   Conservation measures relating to lawn and landscape irrigation. +Sec. +49-22.   Temporary discontinuance for construction, maintenance or emergency +reasons. +Sec. +49-23.   Authorized employees; right of access of employees for inspection and +maintenance; access of contractors. +Sec. +49-24.   Service connections. +Sec. +49-25.   Cross connections; location of water and sewer mains. +Sec. +49-26.   Fire protection systems. +Sec. +49-27.   Fire hydrants. +Sec. +49-28.   Water storage tanks and pumping equipment. +Sec. +49-29.   Backflow prevention devices. +Sec. +49-30.   Private water mains or systems. +Sec. +49-31.   Vending water. +Sec. +49-32.   Wastewater indemnity agreements. +Sec. +49-33.   Exposing meters or hydrants to damage; notice of work affecting +systems; moving meters or hydrants. +Sec. +49-34.   Communicating electricity to pipes. +Sec. +49-35.   Water used for construction work. +Sec. +49-36.   Reserved. +Sec. +49-37.   Tampering with or damaging systems; unlawful use of water; prima facie +evidence. +Sec. +49-38.   Rights as to certain facilities outside of the city; rights upon +annexation. +Sec. +49-39.   Right to construction mains outside the city. +Sec. +49-40.   Service outside the city. +ARTICLE IV. +WATER QUALITY. +Sec. +49-41.   Purpose and policy. +Sec. +49-42.   Enforcement. +Sec. +49-43.   Certain wastes prohibited in the wastewater system. +Sec. +49-44.   Waste disposal through vehicles, grease traps/interceptors, or other +means. +Sec. +49-45.   Right of entry of federal, state, and city employees. +Sec. +49-46.   Permits required for discharge of industrial waste; applications; +exemptions. +Sec. +49-47.   Denial, suspension, or revocation of permits; amending permits. +Sec. +49-48.   Pretreatment and disposal. +Sec. +49-49.   Industrial surcharge for excessive concentrations; sampling fees. +Sec. +49-50.   Estimated industrial surcharge for class group. +Sec. +49-51.   Reporting requirements. +Sec. +49-52.   Recordkeeping. +Sec. +49-53.   Publication of industrial users in significant noncompliance. +Sec. +49-54.   Regulation of wastes from other jurisdictions. +Sec. +49-55.   Extrajurisdictional users. +Sec. +49-55.1.   Inspection chambers. +Sec. +49-55.2.   Measurement of waste volume. +Sec. +49-55.3.   Inspection and sampling. +Sec. +49-55.4.   Confidentiality. +Sec. +49-55.5.   Waste management operators. +Sec. +49-55.6.   Pollution of water in reservoirs. +Sec. +49-55.7.   Deposit or discharge of certain material into wastewater system or +storm-sewer. +ARTICLE V. +DEVELOPMENT AND SYSTEM EXTENSIONS. +Sec. +49-56.   Authority to make capital improvements; special assessments; lot and +acreage fees. +Sec. +49-57.   Reserved. +Sec. +49-58.   Reserved. +Sec. +49-59.   Replacement of substandard mains. +Sec. +49-60.   General rules for extensions by developers. +Sec. +49-61.   Construction of developer extensions. +Sec. +49-62.   Rules regarding the construction and cost of new mains in a +development. +Sec. +49-63.   Certain existing mains exempt. +ARTICLE I. +GENERAL. +SEC. 49-1.   DEFINITIONS. +   In this chapter: +      (1)   ACT means the Federal Water Pollution Control Act, also known as +the Clean Water Act, as amended, 33 U.S.C. 1251, et seq. +      (2)   AMENABLE TO TREATMENT means that a substance: +         (A)   does not discharge or interfere with the operations of the +wastewater system; +         (B)   is acceptable for stream discharge and normal sludge disposal +methods used by the city; and +         (C)   does not pose a health or safety threat to city employees or +contractors performing work in the wastewater system. +      (3)   APPLICANT means a person who makes application to receive a service +from the department. +      (4)   APPROVAL AUTHORITY means the Director of the Texas Commission on +Environmental Quality (TCEQ). +      (5)   AUTHORIZED REPRESENTATIVE OF THE INDUSTRIAL USER means: +         (A)   if the industrial user is a corporation, +            (i)   the president, secretary, treasurer, or a vice-president of +the corporation in charge of a principal business function, or any other person +who performs similar policy or decision-making functions for the corporation; +or +            (ii)   the manager of one or more manufacturing, production, or +operating facilities, provided the manager is authorized to make management +decisions governing the operation of the regulated facility (Examples of +management decisions or activities include, but are not limited to, having the +explicit or implicit duty to make major capital investment recommendations, and +initiate and direct these comprehensive measures to assure long-term compliance +with environmental laws and regulations; having the authority to establish a +system to gather complete and accurate information for individual wastewater +discharge permit requirements; and having the authority to sign documents and +bind the corporation in accordance with corporate procedures.); +         (B)   if the industrial user is a partnership or sole proprietorship, +a general partner or proprietor, respectively; +         (C)   if the industrial user is the federal, state, or local +government, the director or highest official appointed or designated to oversee +the operation and performance of the activities of the governmental facility +governed by these regulations, or the director’s or official’s designee; or +         (D)   any individual designated to act as the authorized +representative by an individual described in Paragraphs (5)(A) through (5)(C) +if the authorization is in writing, specifies the individual or the position +that is responsible for the overall operation of the facility from which the +discharge originates (or position that has the overall responsibility for +environmental matters for the entity), and is submitted to the city. +      (6)   AUTOMATIC IRRIGATION SYSTEM means an irrigation system that will +automatically cycle water using landscape sprinklers according to a preset +program, whether used on a designated timer or through manual operation. +      (7)   BACKFLOW PREVENTION DEVICE means a device, including but not +limited to reduced pressure devices, double check valves and vacuum breakers, +approved by the director and used to prevent water of unknown quality in +private plumbing facilities from flowing back into the water system. +      (8)   BEST MANAGEMENT PRACTICES (BMPs) means a schedule of activities, +maintenance procedures, and other management practices that prevent the +unlawful discharge of pollutants, listed in Section +49-36(b) and (c), into the wastewater system. BMPs include treatment +requirements, operating procedures, and practices that control plant site +runoff, spillage or leaks of chemicals, sludge or waste disposal, and drainage +from raw material storage. +      (9)   BOD (BIOCHEMICAL OXYGEN DEMAND) means the quantity of oxygen +utilized in the biochemical oxidation of organic matter under standard +laboratory procedures for five days at 20 degrees centigrade, usually expressed +as a concentration (e.g., mg/L). +      (10)   BUILDING DRAIN means that part of the lowest horizontal piping of +a drainage system that receives wastewater discharge from drainage pipes within +a building, and conveys it to the building lateral that begins two feet outside +the inner face of the building wall or foundation. +      (11)   BUILDING LATERAL means the conduit or pipe extending from the +building drain to the wastewater service line at the property line or other +lawful place of disposal. +      (12)   BUILDING WATER LINE means the water line on private premises that +acts as the main water service to the premises. +      (13)   BYPASS means the intentional diversion of industrial waste from +any portion of an industrial user’s treatment facility. +      (14)   CATEGORICAL INDUSTRIAL USER means an industrial user subject to a +categorical pretreatment standard or categorical standard as defined in Title +40, Code of Federal Regulations, Part 403.3(v)(1)(i), as amended. +      (15)   CITY means the city of Dallas, Texas. +      (16)   CITY ATTORNEY means the city attorney of the city, or the city +attorney’s authorized assistants. +      (17)   CITY COUNCIL means the governing body of the city. +      (18)   CITY ENVIRONMENTAL HEALTH OFFICER means the environmental health +officer of the city appointed by the city manager pursuant to Section +19-1(b) of this code, or an authorized representative. +      (19)   CITY MANAGER means the city manager of the city, or the city +manager’s authorized assistants. +      (20)   CITY PLAN COMMISSION means the city plan and zoning commission of +the city. The city plan commission is the body authorized to give final +approval to plats of property within the city. +      (21)   CITY RESERVOIR means Lake Ray Hubbard, White Rock Lake, Bachman +Lake, and that portion of Joe Pool Lake located within the territorial +jurisdiction of the city. +      (22)   CITY SECRETARY means the city secretary of the city, or the city +secretary’s authorized assistants. +      (23)   CLOSED SPRINKLER SYSTEM means a fire protection system with +automatic water flow sprinklers from which no water may be taken manually +except from the test cock. +      (24)   COD (CHEMICAL OXYGEN DEMAND) means the measure of oxygen consuming +capacity, expressed in mg/L. The term is expressed as the amount of oxygen +consumed from a chemical oxidant in a specific test. The term does not +differentiate between stable and unstable organic matter and does not +necessarily correlate with biochemical oxygen demand. +      (25)   COMPOSITE SAMPLES means samples collected during a period of time +exceeding 15 minutes and combined into one sample. +      (26)   CONTROL AUTHORITY means the city of Dallas. +      (27)   CORNER LOT means a lot that abuts upon not more than one pair of +intersecting public streets within a larger platted subdivision. +      (28)   CROSS CONNECTION means any physical connection or arrangement of +pipes or devices between two otherwise separate water supply systems, one of +which contains potable water and the other water of unknown or questionable +quality, whereby water may flow from one system to the other, the direction of +flow depending upon pressure differential between the two systems. +      (29)   CUSTOMER means a person who: +         (A)   is the customer of record; +         (B)   has made application for a service, and the service has been +provided or made available by the department at the location specified in the +application pending final approval of the application; or +         (C)   actually uses, receives, or benefits from a service, even though +no account for service may exist or no application for service may have been +made in that person’s name. +      (30)   CUSTOMER OF RECORD means a person who has an account in that +person’s name with the department for a service, based upon an application made +with and approved by the director. +      (31)   DAILY MAXIMUM LIMIT means the maximum allowable discharge limit of +a pollutant during a calendar day. Where daily maximum limits are expressed in +units of mass, the daily discharge is the total mass discharged over the course +of the day. Where daily maximum limits are expressed in terms of a +concentration, the daily discharge is the arithmetic average measurement of the +pollutant concentration derived from all measurements taken that day. +      (32)   DEPARTMENT means the water utilities department of the city, +except that for purposes of administering, implementing, and enforcing +provisions of this chapter relating to the construction of public +infrastructure improvements by private developers, "department" means the +department of development services. +      (33)   DESIGNATED OUTDOOR WATER USE DAYS means Sundays and Thursdays for +a customer with a street address ending in an even number (0, 2, 4, 6, or 8) or +with no street address number, and Saturdays and Wednesdays for a customer with +a street address ending in an odd number (1, 3, 5, 7, or 9). An apartment +complex, office building complex, or other property containing multiple street +addresses must use the lowest street address number to determine the designated +outdoor water use days for the property. +      (34)   DEVELOPER means: +         (A)   the owner or agent of the owner platting, replatting, or +otherwise developing lots or tracts of property for further sale, lease, +development, or redevelopment for residential, commercial, or industrial uses; +or +         (B)   a person who does not otherwise qualify as an individual owner +under this chapter. +      (35)   DIRECTOR means the director of the department designated to +implement, administer, or enforce a particular provision of this chapter, or +the director’s authorized assistants and representatives. +      (36)   EPA means the United States Environmental Protection Agency or, +where appropriate, the regional administrator or other duly authorized official +of the agency. +      (37)   EVALUATED COST means the cost of a water or wastewater main, +established by unit values for the size of main and appurtenances, as +prescribed in Section +49-18.11. +      (38)   FIRE PROTECTION SYSTEM means any configuration of pipes connected +to a sprinkler system or other fire protection device on private premises that, +when connected to the water system, is used to extinguish fires. +      (39)   FOOD SERVICE ESTABLISHMENT means any industrial user engaged +primarily or incidentally in the preparation of food for human or animal +consumption, except that the term does not include any user discharging +domestic wastewater from premises used exclusively for residential purposes. +The term includes but is not limited to restaurants, motels, hotels, +cafeterias, hospitals, schools, bars, delicatessens, meat processing +operations, bakeries, and similar operations. +      (40)   FLOATABLE GREASE means grease, oil, or fat in a physical state +such that it will separate or stratify by gravity in wastewater. +      (41)   GARBAGE means animal and vegetable waste and residue from the +preparation, cooking, and dispensing of food and from the handling, storage, +and sale of food products and produce. +      (42)   GENERAL SERVICE means service to premises that are not residential +service premises. +      (43)   GOVERNMENTAL ENTITY means the United States, the State of Texas, +any county, any municipal corporation, town, or village other than the city, +any school, college, or hospital district, any district or authority created +and existing under Article XVI, Section 59 or Article III, Section 52 of the +Texas Constitution, any other entity considered a political subdivision of the +State of Texas under state law, and any lawfully created and existing agencies +of these governmental entities. +      (44)   GRAB SAMPLE means a sample taken during a period of 15 minutes or +less. +      (45)   GREASE means oils, fats, cellulose, starch, proteins, wax, or +other types of grease, oil, or fat regardless of origin and whether or not +emulsified. +      (46)   GREASE TRAP/INTERCEPTOR means a device that: +         (A)   is designed to use differences in specific gravities to separate +and retain light density liquids, waterborne fats, oils, and greases prior to +the wastewater entering the wastewater system; and +         (B)   serves to collect settleable solids, generated by and from food +preparation activities, prior to the water exiting the trap/ interceptor and +entering the wastewater system. +      (47)   HOSE-END SPRINKLER means a device through which water flows from a +hose to a sprinkler to water any lawn or landscape. +      (48)   INDIRECT DISCHARGE or DISCHARGE means the introduction of +pollutants into the wastewater system from any nondomestic source. +      (49)   INDIVIDUAL OWNER means: +         (A)   an owner requesting extension of an existing water or wastewater +main to property that is or will be used in the operation of the owner’s own +residence or in the operation of a business not requiring larger than a one- +inch water service connection, which property will not be further sold or +leased in connection with its intended function; or +         (B)   a governmental entity requesting the construction or extension +of a water or wastewater main to serve property the entity owns or leases for +its own use, regardless of the size of service connection utilized, except that +this term does not include a governmental entity that requires, among other +things, the construction or extension of an off-site water or wastewater main +in order to serve its proposed land use or development. +      (50)   INDUSTRIAL SURCHARGE means the additional charge made to a person +who discharges into the wastewater system industrial waste that is amenable to +treatment by the wastewater system but that exceeds the strength of normal +wastewater. +      (51)   INDUSTRIAL USER means a source of indirect discharge or the +nondomestic source of pollutants into the wastewater system. +      (52)   INDUSTRIAL WASTE means wastewater or other water-borne solids, +liquids, grease, sand, or gaseous substances resulting from an industrial, +manufacturing, or food processing operation, from the operation of a food +service establishment, from the development of a natural resource, or from any +other nondomestic source, or any mixture of these substances with water or +normal domestic wastewater. +      (53)   INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT means the maximum +concentration of a pollutant allowed to be discharged at any time, determined +from the analysis of any discrete or composite sample collected, independent of +the industrial flow rate and the duration of the sampling event. +      (54)   INTERFERENCE means a discharge that, alone or in conjunction with +a discharge or discharges from other sources, inhibits or disrupts the +wastewater system, its treatment processes or operations, or its sludge +processes, use, or disposal. +      (55)   INTERRUPTIBLE SERVICE means the supply of untreated water provided +by contract specifically stating that the supply may be totally discontinued +for indefinite periods of time due to the need to conserve or have the +untreated water available for municipal use. +      (56)   MAYOR means the mayor of the city. +      (57)   MGD means million gallons per day. +      (58)   MGL (MILLIGRAMS PER LITER) (mg/L) is a weight per volume +concentration; the milligram-per-liter value multiplied by the factor 8.34 is +equivalent to pounds of constituent per million gallons of water. +      (59)   MONTHLY AVERAGE LIMIT means the highest allowable average of +"daily discharges” over a calendar month, calculated as the sum of all "daily +discharges” measured during a calendar month divided by the number of "daily +discharges” measured during that month. +      (60)   NATIONAL CATEGORICAL PRETREATMENT STANDARDS means the national +pretreatment standards promulgated by the EPA, pursuant to Sections 307(b) and +(c) of the Act, imposed upon existing or new industrial users in specific +industrial subcategories as specified in Title 40, Code of Federal Regulations, +Parts 405 through 471, as amended. +      (61)   NATIONAL PRETREATMENT STANDARDS means any pretreatment regulations +containing pollutant discharge limits that have been established or will be +established for industrial users by the EPA, including but not limited to +prohibitive discharge limits established pursuant to Title 40, Code of Federal +Regulations, Part 403.5, as amended. +      (62)   NEW SOURCE means any building, structure, facility, or +installation from which there is (or may be) a discharge of pollutants, the +construction of which commenced after the publication of proposed pretreatment +standards under Section 307(c) of the Act, provided that all of the following +apply: +         (A)   The building, structure, facility, or installation is +constructed at a site at which no other source is located. +         (B)   The building, structure, facility, or installation totally +replaces the process or production equipment that causes the discharge of +pollutants at an existing source. If the construction only alters, replaces, or +adds to existing process or production equipment, no new source is created. +         (C)   The production or wastewater generating processes of the +building, structure, facility, or installation are substantially independent of +an existing source at the same site. To determine whether the production or +wastewater generating processes are substantially independent, the extent to +which the new facility is integrated with the existing plant, and the extent to +which the new facility is engaged in the same general type of activity as the +existing source, must be considered. If the construction only alters, replaces, +or adds to existing process or production equipment, no new source is created. +For purposes of this definition, construction of a new source has commenced if +the owner or operator has: +            (i)   begun, as part of a continuous onsite construction program, +any placement, assembly, or installation of facilities or equipment or +significant site preparation work, including the clearing or excavation of the +property, or the removal of existing buildings, structures, or facilities +necessary for the placement, assembly, or installation of new source facilities +or equipment; or +            (ii)   entered into a binding contractual obligation for the +purchase of facilities or equipment that are intended to be used in its +operation within a reasonable time. An option to purchase, a contract that can +be terminated or modified without substantial loss, or a contract for +feasibility, engineering, and design studies does not constitute a contractual +obligation. +      (63)   NONCONTACT COOLING WATER means water used for cooling that does +not come into direct contact with any raw material, intermediate product, waste +product, or finished product. +      (64)   NORMAL WASTEWATER means wastewater of the city for which the +average concentration of total suspended solids and five-day BOD is established +at and does not exceed 250 mg/L. +      (65)   NORMAL DOMESTIC WASTEWATER means wastewater normally discharged +from the commodes or sanitary conveniences of dwellings (including apartment +houses and hotels), office buildings, factories and institutions, free from +storm or ground water and industrial waste. +      (66)   OBSTRUCT means to: +         (A)   make passage impossible or unreasonably inconvenient or +hazardous; or +         (B)   interfere or cause interference with a specific activity in +order to prevent the activity from starting, continuing, or concluding. +      (67)   OFF-SITE EXTENSION means a water or wastewater main extension +lying totally outside of the tract of land to be platted, replatted, developed, +or redeveloped, except that this term does not include a water or wastewater +main extension directly adjacent to or fronting on, and intended to serve or +capable of serving only, the tract of land to be platted, replatted, developed, +or redeveloped. +      (68)   ON-SITE EXTENSION means a water or wastewater main extension that: +         (A)   lies totally within a tract of land to be platted, replatted, +developed, or redeveloped; or +         (B)   lies directly adjacent to or fronting on the tract of land to be +platted, replatted, developed, or redeveloped and is intended to serve or is +capable of serving only that tract. +      (69)   OVERSIZE COST means the difference between the evaluated cost of a +water or wastewater main as built and the evaluated cost of the size of main +determined to be the minimum size required to serve the subdivision. The +minimum size used to determine oversize cost must never be less than the +standard size water and wastewater mains as defined in this section. +      (70)   OVERSIZE MAIN means a main that exceeds the minimum size of main +necessary to serve a particular subdivision, as determined by the director, in +order to allow the main to serve other property, as well as the subdivision. +      (71)   OWNER means the legal fee title holder of record of property. +      (72)   PASS THROUGH means the discharge of pollutants through the city’s +wastewater system, treatment processes, or operations, or through a publicly- +owned treatment works of a governmental entity treating wastewater under a +contract with the city, into navigable waters in quantities or concentrations +that, alone or in conjunction with a discharge or discharges from other +sources, is a cause of a violation of any requirement of the federal or state +effluent discharge permit of the city or of a publicly-owned treatment works of +a governmental entity treating wastewater under a contract with the city, +including an increase in the magnitude or duration of a violation. +      (73)   PAYMENT DEVICE means any check, item, paper or electronic payment, +or other payment device used as a medium for payment. +      (74)   PERMITTEE means a person granted a permit under this chapter. +      (75)   PERSON means an individual, private or public corporation, +partnership, association, limited liability company, governmental entity, firm, +industry, or other entity. +      (76)   pH means the logarithm (base 10) of the reciprocal of the hydrogen +ion concentration of a solution. +      (77)   POLLUTANT means any of the following: +         (A)   Dredged spoil. +         (B)   Solid waste. +         (C)   Incinerator residue. +         (D)   Filter backwash. +         (E)   Sewage and sewage sludge. +         (F)   Garbage. +         (G)   Munitions. +         (H)   Medical wastes. +         (I)   Chemical wastes. +         (J)   Biological or radioactive materials. +         (K)   Heat. +         (L)   Wrecked or discarded equipment. +         (M)   Rock, sand, or cellar dirt. +         (N)   Municipal, agricultural, and industrial wastes. +         (O)   Certain characteristics of wastewater (e.g., pH, temperature, +total suspended solids, turbidity, color, BOD, COD, toxicity, or odor). +      (78)   PREMISES or PROPERTY means real property and includes +improvements. +      (79)   PRETREATMENT means the reduction of the amount of pollutants, the +elimination of pollutants, or the alteration of the nature of pollutant +properties in wastewater prior to, or in lieu of, introducing such pollutants +into the wastewater system. Pretreatment does not include the dilution of +pollutant concentration unless allowed by applicable pretreatment standards. +      (80)   PRETREATMENT REQUIREMENTS means any substantive or procedural +requirement related to pretreatment imposed on an industrial user, other than a +pretreatment standard. +      (81)   PRETREATMENT STANDARDS means pollutant concentration discharge +limitation requirements established in this chapter and national pretreatment +standards, including but not limited to prohibitive discharge limits +established pursuant to Title 40, Code of Federal Regulations, Part 403.5, as +amended. +      (82)   PROCESS WASTEWATER means any water that, during manufacturing or +processing, comes into direct contact with or results from the production or +use of any raw material, intermediate product, finished product, by-product, or +waste product. +      (83)   PROGRAMMED EXTENSION means the water or wastewater main extensions +included in or consistent with the master plan of the system, for which funds +have been currently budgeted and made available through a properly authorized +capital expenditure program. +      (84)   PROPERLY SHREDDED GARBAGE means garbage that has been shredded to +such an extent that all particles will be carried freely under the flow +conditions normally prevailing in wastewater mains, with no particle having +greater than a one-half inch cross-sectional dimension. +      (85)   PUBLICLY-OWNED TREATMENT WORKS (POTW) means that term as defined +in Title 40, Code of Federal Regulations, Part 403.3(o), as amended. +      (86)   RESIDENTIAL SERVICE means service to premises that are single- +family or duplex dwelling units, or other premises containing dwelling units, +each of which units is individually metered. +      (87)   SATISFACTORY CREDIT HISTORY WITH THE DEPARTMENT means that service +has not been cut off within the past 12 months for nonpayment of charges. +      (88)   SERVICE means all water and water- related service provided for +the use and benefit of persons inside and outside the city through the +operations and facilities of the department, including but not limited to: +         (A)   supply of untreated water; +         (B)   supply of treated water; +         (C)   wastewater collection, treatment, and disposal; +         (D)   building and extension of service mains; +         (E)   providing of meters and service connections to property; +         (F)   discontinuance, restoration, or repair of service; +         (G)   issuance and use of permits; +         (H)   extension or replacement of service mains for which lot or +acreage fees or other assessments are charged; +         (I)   collections of rates or fees for service; and +         (J)   other department activities for the benefit of the general +public authorized under this chapter. +      (89)   SERVICE LINE means the pipe or conduit that extends from the water +or wastewater main and that connects with the meter or the building lateral to +provide a water or wastewater service connection. +      (90)   SIGNIFICANT INDUSTRIAL USER means an industrial user that is +subject to categorical pretreatment standards under Title 40, Code of Federal +Regulations, Part 403.6, as amended, and Title 40, Code of Federal Regulations, +Chapter I, Subchapter N, as amended, and: +         (A)   discharges an average of 25,000 gallons per day or more of +process wastewater to the wastewater system, excluding sanitary, noncontact +cooling, and boiler blowdown wastewater; +         (B)   contributes a process wastestream that makes up five percent or +more of the average dry weather hydraulic or organic capacity of the treatment +plant of the wastewater system; or +         (C)    is designated as a significant industrial user by the control +authority on the basis that the industrial user has a reasonable potential for +adversely affecting the wastewater system’s operation or for violating any +pretreatment standard or requirement in accordance with Title 40, Code of +Federal Regulations, Part 403.8(f)(6), amended. +      (91)   SIGNIFICANT NONCOM-PLIANCE means any of the following: +         (A)   Chronic violations of wastewater discharge limits, defined as +those in which 66 percent or more of all of the measurements taken for the same +pollutant parameter during a six-month period exceed (by any magnitude) a +numeric pretreatment standard or requirement, including instantaneous limits, +as defined in Title 40, Code of Federal Regulations, Part 403.3(1), as amended. +         (B)   Technical review criteria (TRC) violations, defined as those in +which 33 percent or more of all of the measurements taken for the same +pollutant parameter during a six- month period equal or exceed the product of +the numeric pretreatment standard or requirement including instantaneous +limits, as defined in Title 40, Code of Federal Regulations, Part 403.3(1), as +amended, multiplied by the applicable TRC (TRC=1.4 for BOD, total suspended +solids, fats, oil, and grease, and 1.2 for all other pollutants except pH). +         (C)   Any other violation of a pretreatment standard or requirement as +defined in Title 40, Code of Federal Regulations, Part 403.3(1), as amended +(daily maximum, long-term average, instantaneous limit, or narrative standard), +that the publicly-owned treatment works determines has caused (alone or in +combination with other discharges) interference or pass-through (including +endangering the health of the publicly-owned treatment works’ personnel or the +general public). +         (D)   Any discharge of a pollutant that has caused imminent +endangerment to human health, welfare, or the environment or has resulted in +the publicly- owned treatment works’ exercise of its emergency authority under +Title 40, Code of Federal Regulations, Part 403.8(f)(1)(vi)(b), as amended, to +halt or prevent such a discharge. +         (E)   Failure to meet, within 90 days after the schedule date, a +compliance schedule milestone contained in a local control mechanism or +enforcement order for starting construction, completing construction, or +attaining final compliance. +         (F)   Failure to provide, within 45 days after the due date, required +reports such as baseline monitoring reports, 90-day compliance reports, +periodic self-monitoring reports, and compliance reports with compliance +schedules. +         (G)   Failure to accurately report noncompliance. +         (H)   Any other violation or group of violations, including a +violation of best management practices, that the director determines will +adversely affect the operation or implementation of the local pretreatment +program. +      (92)   SLUG LOAD OR SLUG DISCHARGE means any discharge at a flow rate or +concentration, which could cause a violation of the prohibited discharge +standards in Section +49-43 of this chapter. A slug discharge is any discharge of a non-routine, +episodic nature, including but not limited to an accidental spill or a non- +customary batch discharge, that has a reasonable potential to cause +interference or pass- through, or in any other way violates the wastewater +system’s regulations, local limits, or permit conditions. +      (93)   STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE means a +classification scheme based on the type of manufacturing or commercial activity +at a facility. Some facilities, depending on the manufacturing and activities +occurring on site, may have more than one code number. +      (94)   STANDARD METHODS means the laboratory procedures or techniques for +the testing, sampling, or analysis of pollutants: +         (A)   established and approved by the EPA; or +         (B)   approved by the director with the concurrence of the EPA, where +the EPA has not established procedures or techniques for testing, sampling, or +analyzing a pollutant in question or determines that approved procedures or +techniques are inappropriate for the pollutant in question. +      (95)   STANDARD SIZE WASTEWATER MAIN means a wastewater main not less +than eight inches in diameter. +      (96)   STANDARD SIZE WATER MAIN means a water main that is: +         (A)   not less than eight inches in diameter, but also of a size +adequate to meet the hydraulic capacity of the water system; and +         (B)   used for standard fire protection purposes as recognized by the +Insurance Services Office, which is not less than six inches in diameter +adequately supported by mains not less than eight inches in diameter, but also +of a size adequate to meet the hydraulic capacity of the water system. +      (97)   STANDBY SERVICE means connections, not normally used, to +governmental entities contracting with the city for treated water. +      (98)   STORM SEWER means a conduit, drainage ditch, stream, or other +water course that may directly or indirectly carry storm or ground water to the +Trinity River. +      (99)   TCEQ means the Texas Commission on Environmental Quality. +      (100)   TOTAL SUSPENDED SOLIDS (TSS) means solids that either float on +the surface of, or are suspended in, water, wastewater, or other liquids and +that, in accordance with standard methods, are removable by a standard, +specific laboratory filtration device. +      (101)   WASTE MANAGEMENT OPERATOR means a person engaged in the private +business of receiving, storing, treating, or disposing of industrial waste. +      (102)   WASTEWATER means water-carried waste. +      (103)   WASTEWATER MAIN means a conduit or pipe of the wastewater system +that conveys domestic wastewater or industrial wastes, or a combination of +both, and into which storm surface water, ground water, or unpolluted wastes +are not intentionally admitted. The term includes access structures, valves, +and other appurtenances that are incidental to use of the wastewater main. +      (104)   WASTEWATER SYSTEM means: +         (A)   all treatment plants, mains, conveyances, pumps, interceptors, +lift stations, connections, meters, sludge storage facilities, appurtenances, +and other facilities of the city employed in the collection, treatment, and +disposal of wastewater; or +         (B)   the publicly-owned treatment works of the city or of a +governmental entity receiving or treating wastewater of the city under a +contract with the city. +      (105)   WATER MAIN means a conduit or pipe of the water system that +conveys water. The term includes fire hydrants, access structures, valves, and +other appurtenances that are incidental to use of the water main. +      (106)   WATER SYSTEM means all treatment plants, mains, pumps, meters, +connections, supply reservoirs, storage tanks, appurtenances, and other +facilities of the city employed in the purification, transportation, and supply +of treated and untreated water. +      (107)   WATER YEAR means the period that begins on June 1 of a year and +ends on May 31 of the following year. +      (108)   WHOLESALE SERVICE means: +         (A)   the furnishing of untreated water to a customer, except for +untreated water furnished only for domestic use; +         (B)   the furnishing of treated water to a governmental entity for +resale to customers of that entity; or +         (C)   the collection and discharge of wastewater from the collection +facilities of a governmental entity into the wastewater system for purposes of +treatment. (Ord. Nos. 19201; 19526; 19622; 20653; 21409; 25047; 25214; 25256; +26925; 26961; 27697; 28084; 28622; 32002) +SEC. 49-2.   CHAPTER ENFORCEMENT. +   (a)   Authority. The director is authorized to enforce the provisions of +this chapter. +   (b)   Civil jurisdiction. +      (1)   As an alternative to imposing the applicable criminal penalty +prescribed in Section +49-2(d), the city may, as authorized by Section 54.044 of the Texas Local +Government Code, impose administrative penalties, fees, and court costs in +accordance with +Article IV-b of +Chapter 27 of this code for an offense under Section +49-21.1 of this chapter. The alternative administrative penalty range for an +offense is the same as is prescribed for an offense in Section +49-2(d). The provisions of +Article IV-b of +Chapter 27 of this code pertaining to financial inability to comply with an +administrative order do not apply to violations of this chapter. +      (2)   This chapter may be enforced by civil court action as provided by +state and federal law. +   (c)   Offenses. A person who violates Sections +49-3(e), +49-16, +49-19(c), +49-20(f), +49-21.1, +49-23(c), +49-25(c), +49-27(b), +49-31(a), +49-34 and +49-37 of this chapter is guilty of a separate offense for each day or portion +of a day during which the violation continues. +   (d)   Penalty. +      (1)   Each offense under Sections +49-20, +49-21.1, +49-25(c), +49-27(b), +49-31(a), +49-34, and +49-37(a)(3) is punishable by a fine not to exceed $2,000. Every other offense +under this chapter is punishable by a fine not to exceed $500. +      (2)   In addition to the maximum fine prescribed by Subsection (d)(1), an +offense under Section +49-20 or +49-21.1 is punishable by a fine of not less than $250. This minimum fine will +be doubled for the second conviction of the same offense within any 12-month +period and trebled for the third and subsequent convictions of the same offense +within any 12-month period. At no time may the minimum fine exceed the maximum +fine established in Subsection (d)(1). +   (e)   Culpability. +      (1)   A person is criminally responsible for a violation of this chapter +if the person: +         (A)   commits or assists in the commission of a violation; or +         (B)   is a customer, owner, tenant, permittee, or other person in +control of the premises determined to be the source of a violation. +      (2)   The culpable mental state required for the commission of an offense +under this chapter is governed by Section +1-5.1 of this code. +   (f)   Exception. This section does not apply to +Article IV of this chapter. (Ord. Nos. 19201; 19682; 21606; 24745; 29618) +ARTICLE II. +RATES, CHARGES AND COLLECTIONS. +SEC. 49-3.   APPLICATION FOR SERVICE; CONTENTS OF APPLICATION. +   (a)   Application required. A person shall not use a service without first +making the proper application for the service with the director. For general +service accounts, a written application will be required of those persons from +whom the director requires a security deposit. The application, when made in +writing, must be made on forms provided by the director. The director is +authorized to establish other procedures, not in conflict with this chapter or +state law, to process and accept customer applications and to collect and +process security deposits as necessary to secure customer accounts. The +application requirements of this section do not apply to wholesale service +contracts. +   (b)   Restriction of application. The person making the application shall +include that person’s spouse, if any, as an applicant on the application. If +unmarried or unrelated individuals or unrelated business entities who jointly +own or occupy premises desire service, the director may require application to +be made jointly in the names of those individuals or business entities. The +director may also require application for service to be made only by and in the +name of the owner of property if the director determines that substantial risk +of financial loss to the department would occur as a result of acceptance of an +application from a person other than the owner. +   (c)   Contract. The application constitutes a contract to pay all charges +for service and to abide by all provisions of this chapter, the provisions of +this code, and other local, state and federal laws relating to the service. +   (d)   Fee. An applicant must pay an application fee in accordance with +Section +49-18.16(a). +   (e)   Accurate information. An applicant shall furnish the names and +addresses of any other joint owners, regardless of whether or not they reside +at the premises, if this information is known to the applicant. An applicant +shall also furnish proper identification and shall correctly furnish any other +relevant information, including but not limited to proof of ownership or +agency, required by the department in order to properly provide the service. If +information is not furnished or is false, the application may be denied and +service, where provided, may be discontinued. A person commits an offense if he +knowingly makes a false statement on an application for service under this +chapter. +   (f)   Use without application. A person who occupies premises and uses +service without making application is responsible for all water used from the +date of the last meter reading previous to that person occupying the premises. +If the person is a tenant and the owner of the premises has failed to give the +notice required in Section +49-15, then the owner is jointly and severally responsible with the tenant for +the charges. (Ord. Nos. 19201; 19622; 20653) +SEC. 49-4.   SECURITY DEPOSITS; EXEMPTIONS. +   (a)   Form of security. Unless exempted under Subsection (f), when a +customer applies for service, he must also submit a security deposit in one of +the following forms: +      (1)   cash; +      (2)   guaranty bond; +      (3)   letter of credit drawn on a state or federally chartered lending +institution; +      (4)   guarantee letter from another person who has an account with the +department for service and has a satisfactory credit history with the +department; or +      (5)   other equivalent security approved by the director. +   (b)   Amount. The director shall establish the amount of a security deposit +in accordance with Section +49-18.8. +   (c)   Failure to provide security. The director may refuse or discontinue +service if a person fails to: +      (1)   make a required security deposit with his application; or +      (2)   increase the amount of his security deposit after being notified +that an increase is required. +   (d)   Form of noncash security. A customer must submit a noncash security +deposit on a form provided by the director or on a form approved by the +director and the city attorney. +   (e)   Hardship cases. In cases of hardship the director may allow +residential service customers to make cash deposits in installments. +   (f)   Exemptions from security deposit requirement. Any of the following +persons is not required to post a security deposit, provided he has a +satisfactory credit history with the department: +      (1)   A person seeking residential service who presents proof that he is +65 years of age or older. +      (2)   A person seeking residential service who presents proof that he +owns or is presently buying the residence to be served. +      (3)   A person seeking service who provides a current report from a +consumer credit reporting agency indicating a good credit standing. +      (4)   A person who has had at least 12 months continuous service within +the last 24 months and left no unpaid balance. +      (5)   A person who can provide proof that his account with another +utility is not delinquent and that timely payments have been made to that +utility for a minimum of 12 consecutive months within the past 24 months. A +letter from the utility indicating that the requirements of this exception have +been met, or monthly bills from the utility stamped paid (including a current +or final bill), constitutes acceptable proof that the requirements of this +exception have been met. +   (g)   Withdrawal of exemption. If a customer establishes an account without +a security deposit, but subsequently loses his satisfactory credit history with +the department, a security deposit may be required as a condition for continued +service. +   (h)   Exceptions to section. This section does not apply to: +      (1)   governmental entities; +      (2)   wholesale service contracts; or +      (3)   applications for permits required under this chapter. (Ord. 19201) +SEC. 49-5.   USE OF SECURITY DEPOSITS. +   (a)   Accounting requirements. The director shall keep: +      (1)   accurate records of all security deposits, including, but not +limited to, the depositor’s name, amounts deposited, and deposits refunded; and +      (2)   separate accounts of all security deposits. +   (b)   Administration of deposits. The director shall administer cash +security deposits in accordance with the following rules: +      (1)   A deposit will be applied toward payment of the final bill amount +due the city when a service account is closed or becomes inactive due to +delinquency, transfer of ownership or other reasons. A deposit made to secure +service to premises may be transferred or applied toward payment of a final +bill due on any other premises within the city where service is provided in the +depositor’s name. +      (2)   Deposits earn simple interest at an annual percentage rate to be +fixed by the director each year, which rate shall approximate the average +interest rate earned by the department on its cash deposits for the previous +year, less two percent. +      (3)   Interest ceases to accrue on a deposit when service is +discontinued. +      (4)   A deposit and accrued interest, less amounts due for service, will +be returned to the customer when service is discontinued unless the deposit is +transferred to another address, either at the request of the customer or as +provided in Subsection (b)(1). +      (5)   Deposits may be invested or used for capital improvements, but +sufficient cash shall be accounted for and kept on hand to meet the normally +anticipated level of refunds. (Ord. 19201) +SEC. 49-6.   SECURITY DEPOSIT REFUNDS. +   (a)   Refund requirements. The director may refund a security deposit to the +customer when the customer meets the requirements of Section +49-4(f) or meets all of the following conditions: +      (1)   The customer has been receiving service for 12 continuous months. +      (2)   The customer has acquired a satisfactory credit history with the +department. +      (3)   The customer has not made payment during the past 12 months with a +payment device returned due to insufficient funds. +      (4)   The customer has no delinquent bills outstanding. +   (b)   Refusal to refund. Notwithstanding Subsection (a), the director may +refuse to refund a security deposit where the director determines from the +circumstances of a customer’s account that there is a substantial risk of +financial loss to the department. +   (c)   Review for eligibility. Upon the request of a customer, the director +shall review the customer’s credit history to determine eligibility for a +refund. The director will make refunds in the following manner: +      (1)   A refund will normally be credited to a customer’s bill. +      (2)   If a refund is greater than the outstanding bill, the remaining +portion of the refund will be applied to subsequent bills. +      (3)   If a customer no longer has an account for service or in special +circumstances approved by the director, the director may authorize a refund by +check payable to the customer. (Ord. Nos. 19201; 26961) +SEC. 49-7.   PAYMENTS OF FEES FOR SERVICES; DELINQUENCY OF CHARGES; +DISCONTINUANCE OR REFUSAL OF SERVICE; NOTICE OF DISCONTINUANCE. +   (a)   When charges are delinquent; bill items. Except where otherwise +provided by written contract between the customer and the city, charges for +services furnished become delinquent if payment is not received by the +department on or before the due date, which is 15 days after bill rendering. +After the due date, the customer must pay all charges for service, plus a late +payment fee equal to five percent of the outstanding charges for service +(unless the late payment fee is prohibited, or otherwise provided for, in +another city ordinance or state or federal law). The director shall send the +customer a monthly bill indicating: +      (1)   the service date and the due date; +      (2)   the amount due for services rendered (including all previous +delinquent charges, plus interest, if any, still due and owing) if the bill is +paid by the due date; and +      (3)   the amount due for services rendered (including all previous +delinquent charges, plus interest, if any, still due and owing), plus a late +payment fee, if the customer fails to pay the bill by the due date. +   (b)   Bill not received. Failure to receive a bill from the director does +not relieve a customer or other person liable for charges under this chapter +from liability for service. +   (c)   Authority to discontinue service. The director may refuse application +for service, discontinue service, or refuse to restore service to: +      (1)   a customer who fails to pay any charges due under this chapter +within seven days after the sending of notice of discontinuance; +      (2)   a person who violates any provision of: +         (A)   Section +49-9; +         (B)   Section +49-16; +         (C)    +Article III or +Article IV of this chapter; +         (D)    +Article V or +Article VI of +Chapter 32 of this code; +         (E)   Chapter 51 or +51A of this code, upon request of the building official; or +         (F)   the Dallas Plumbing Code; +      (3)   a person making application for service to property at an address, +if the person has delinquent charges outstanding at another address; or +      (4)   a customer at any premises if the director determines that a +substantial waste of water, or a health hazard, is occurring as a result of +leaking, damaged, open or disconnected private laterals, pipes, or drains on +the premises. +   (d)   Cutting and plugging connections. The director’s authority to +discontinue service includes the right to cut and plug water or wastewater +connections to private property. The costs of cutting and plugging connections +will be charged to the customer in addition to the delinquent charges due. +   (e)   Restoration of service. Discontinued service will not be restored +until the customer or other person who has or accepts legal responsibility for +violations committed or charges unpaid either pays all charges due (including +the charges to restore connections), makes arrangements for payment +satisfactory to the director, or, where applicable, ceases violation of the +particular code provision in question. The decision to restore service while +delinquent charges or code violations still exist rests solely with the +director. +   (f)   Notice of discontinuance. The director must notify a customer in the +following manner before discontinuing service under Subsection (c): +      (1)   The director must send the customer at least seven days advance +written notice of pending discontinuance. +      (2)   The notice must provide a statement of reasons for cutoff and a +statement of delinquent charges due, where applicable. The notice must also +provide a time, place and means by which the customer may cure the delinquency +or violation, or dispute the validity of the reasons for discontinuance. +      (3)   The notice may be served either in person or by mail. +      (4)   Additionally, in cases of master-metered apartments or +condominiums, the director must cause a notice of pending discontinuance to be +posted on the door of each dwelling unit known to be occupied and in a +conspicuous place within the property manager’s office or the common areas of +the premises. +   (g)   Exceptions to notice requirement. Subsection (f) does not apply to +discontinuance of service resulting from a violation of this chapter if the +director determines that immediate discontinuance is necessary to prevent an +imminent threat or occurrence of: +      (1)   harm to the health or safety of persons; +      (2)   damage to city or private property; or +      (3)   contamination of the water system. +   (h)   Customer’s request to discontinue. Upon a customer’s written request, +the director may discontinue treated or untreated water service to the +customer. Upon receipt of the request, the director may remove the water meter +and service connections. However, the customer is liable for all charges +incurred prior to removal of the meter. Where service is furnished through more +than one meter, the customer may request discontinuance of one or more meters +and thereafter be billed on the basis of the remaining meter or meters. +   (i)   Cumulative remedies. Enforcement of this section does not waive any +additional remedies, civil or criminal, available to the city under law. (Ord. +Nos. 19201; 20215; 20653; 26961) +SEC. 49-8.   NEW APPLICATION FOR PREMISES WITH DELINQUENT CHARGES. +   (a)   When new application not accepted. Where service has been +discontinued, refused or posted for discontinuance at a premises due to +nonpayment of delinquent charges or a violation of this code, a new application +will not be accepted from another person to resume service in the same place +under another name so long as the previous customer continues to occupy or own +the premises as his residence or place of business until: +      (1)   all delinquent charges are paid; +      (2)   arrangements for payment satisfactory to the director are made; or +      (3)   the violation is abated. +   (b)   Avoidance. This section also applies to premises where service is +furnished to a tenant, and the premises are transferred to a person with notice +of discontinuance for the purpose of avoiding payment of charges or avoiding +enforcement of this section. (Ord. 19201) +SEC. 49-9.   METERS REQUIRED; METERS TO BE READ MONTHLY; ESTIMATED CHARGE; +WATER LEAKAGE. +   (a)   Meters generally. Unless otherwise provided in this chapter, or by +separate written wholesale service contract, a customer shall receive water +service only when measured through a meter. The director shall determine the +size, type, number, and location of meters and connections to meters to be +installed. Each meter shall be read, when possible, once a month and a bill +rendered accordingly. +   (b)   Estimated bill circumstances. The quantity of water delivered to a +premises will be estimated under any of the following circumstances: +      (1)   The meter reader is unable to procure a reading of the meter +because access to the meter is obstructed or made hazardous by an animal or +otherwise. +      (2)   The meter does not properly function, or the equipment used to read +the meter does not properly function. +      (3)   Adverse weather or an act of God prevents the reading of the meter. +      (4)   No meter is in place at the premises. +      (5)   For some other reason, a meter reading is not available to the +billing section of the department at the time of preparing a bill to the +customer. +   (c)   Basis for estimates. An estimate shall be based on past consumption +experience at the premises. If there is no past consumption experience, then an +estimate will be based on consumptions of the same class under similar +conditions using the best information available. If a customer demonstrates +that an estimated bill is excessive, then the department shall render a bill +based on a revised estimate or on an actual meter reading where possible. +   (d)   Meter reading verification. If the customer contends that a +discrepancy appears in a bill or meter reading, the director will inspect the +meter and verify the reading. The charge for the inspection is provided in +Section +49-18.6(c). +   (e)   Water leakage. When a customer experiences a substantial increase in +water or wastewater usage from a hidden water leak, the department will adjust +the amount and bill the customer in accordance with the rates prescribed in +Section +49-18.1(g). The department will adjust a bill only if a customer presents a +plumber’s statement, or the customer’s written statement, which indicates the +water leak was not reasonably detectable from the surface, the leak has been +repaired, and the type of repairs made. The director may request additional +information before determining if a water leak was reasonably detectable based +upon facts presented to the director. A customer may receive only one +adjustment during a 12 month period, unless the director determines that +extenuating circumstances justify allowing additional adjustments. +   (f)   Return of meters. All water meters furnished to customers are property +of the city and will be returned immediately upon request of the director. +Failure to return a meter when requested constitutes grounds for discontinuance +or refusal of service. +   (g)   Maintenance of meters. The department is responsible for maintenance, +inspection and repair of all water meters. When any act, neglect or +carelessness of the customer or owner of any premises causes damage to a meter +requiring adjustment, repair or replacement, the resulting expense will be +charged against the customer or owner. (Ord. Nos. 19201; 20737; 21334) +SEC. 49-10.   COLLECTION REGULATIONS; PAYMENT SUBSTATION AND PAYMENT SERVICE +CONTRACTS. +   (a)   Collection regulations. The director is authorized to promulgate +regulations and procedures, not in conflict with this code, the city charter, +or applicable state or federal laws or regulations, concerning the collection +of charges for service and the handling of customer accounts, receipts, and +reports. +   (b)   Authority for payment substations and payment service companies. The +director is authorized to provide substations operated by the department at +convenient locations for the general public to pay charges, or the director may +negotiate contracts with private persons for the operation of: +      (1)   payment substations; or +      (2)   payment service companies, including but not limited to, telephone +(interactive voice response) payment services, Internet (on-line) payment +services, and payment service agents. +   (c)   Terms of private contracts. A private substation contract or a payment +service contract must be for a fixed term and must contain conditions agreed +upon by the parties; except, that each contract must include the collection +regulations and procedures promulgated by the director as a part of the +conditions. A private substation contract or a payment service contract must be +executed by the city manager and approved as to form by the city attorney. +   (d)   Contract security. All substation contractors and payment service +contractors shall provide a surety or guaranty bond payable to the city in an +amount, not less than $1,000, that is satisfactory to the director. The bond +must secure against loss or disappearance, for whatever reason, of funds +collected by the contractor for payment of charges and must generally secure +performance under the contract. In lieu of a bond, the director may accept a +cash deposit, or an unconditional letter of credit drawn on a state or +federally-chartered lending institution. +   (e)   Convenience charge for payment substations. A private payment +substation is authorized to collect a convenience charge, not to exceed $1.00, +on each bill collected, which charge may be retained by the substation as a +cost of service. +   (f)   Convenience charge for on-line payment services. The director may +collect a convenience charge, not to exceed $1.00, on each bill collected on- +line, which charge will be retained by the water utilities department of the +city as a cost of service. +   (g)   Convenience charge for payment service agents. A payment service agent +is authorized to collect a convenience charge, not to exceed $1.00, on each +bill collected, which charge may be retained by the payment service agent as a +cost of service. +   (h)   The collection and payment regulations and procedures provided for in +this section apply to: +      (1)   charges established under this chapter; and +      (2)   charges established under other city ordinances that the director +has been authorized to collect by the city manager or the city council. (Ord. +Nos. 19201; 25385; 26135) +SEC. 49-11.   WAIVER OF SUBSTATION SECURITY REQUIREMENT. +   (a)   Conditions. The director may waive the security requirement of Section +49-10(d) upon a finding that the requirement is not necessary to secure +performance. In order to so find, the director shall consider: +      (1)   any present deposits or security posted by the contractor with the +department; +      (2)   whether the contractor’s inventory consists of goods or +merchandise; +      (3)   the number of years the contractor has done business in Dallas +County; +      (4)   whether the contractor is a subsidiary of an existing authorized +substation; +      (5)   the contractor’s credit standing; and +      (6)   the contractor’s financial condition as shown by certified +financial statements or other data supplied by the contractor. (Ord. 19201) +SEC. 49-12.   JOINT OWNERS OR USERS; LIABILITY FOR CHARGES; TRANSFER OF +ACCOUNTS. +   (a)   Charges a lien. When delinquent charges remain unpaid and the +procedures of Section +49-13 are followed, those delinquent charges shall constitute a lien against +the property served. +   (b)   Personal liability. The customer of record has the primary personal +liability for service rendered under this chapter. Nevertheless, if service is +provided to property owned by a person or entity jointly with the customer of +record, or if the customer of record is an agent or property manager for one or +more owners of property, the joint owners shall not be treated as new +customers, but shall remain jointly and severally liable with the customer of +record for unpaid delinquent charges. The director may refuse or discontinue +service in the same manner provided for in Section +49-7 until all delinquent charges are paid. +   (c)   Liability of spouses. Spouses receiving service to premises they +jointly own or occupy are deemed to be joint customers of record, +notwithstanding that only one spouse may have signed an application, and shall +be jointly and severally liable for unpaid delinquent charges. +   (d)   Liability of tenants. Where service is provided to a tenant in a +single-family residence, or to more than one residential or commercial tenant +through a master meter or single service connection, and the landlord is the +customer of record, a tenant or duly organized association of tenants may +establish a new service account without being held responsible for any previous +unpaid charges owed by the landlord if the appropriate facilities are in place +and the tenant or association of tenants otherwise meets the applicable +requirements of this chapter; however, the director may refuse service if it +appears that application is being made for the purpose of assisting the +landlord to avoid payment of delinquent charges or for the purpose of +defrauding the city. Nothing in this subsection shall be construed to require +the department to apportion charges or to provide individually-metered service +at a master-metered premises. +   (e)   Transfer of accounts. Where a person liable for delinquent charges at +one address is found to have an account in his name at another address, the +delinquent amounts due at the previous address may be transferred to the +account at the new address, and service discontinued at the new address until +the delinquent amounts are paid. (Ord. 19201; 20653) +SEC. 49-13.   WATER LIEN PROCEDURE. +   (a)   Authority. The city is authorized, in accordance with the provisions +of Article 402.0025, Texas Local Government Code, to perfect the lien upon +property which occurs as provided in Section +49-12, for the purpose of securing the payment of delinquent charges incurred +as a result of service to the property. This section shall not apply to +delinquent charges for service where a tenant is the customer of record, if the +owner of the property served has sent notice to the director that the property +is rental property. +   (b)   When lien is perfected. The lien may be perfected only when charges +incurred by a customer for service become delinquent and when the director +determines that other means for fully collecting the delinquency are inadequate +or unavailable. +   (c)   Form of the lien. Upon request of the director, the form of the lien +must be prepared by the city attorney. The form must contain: +      (1)   a statement indicating the purpose of the lien; +      (2)   the address of the property which is the subject of the lien, where +the address is ascertainable; +      (3)   a complete legal description of the property which is the subject +of the lien; and +      (4)   the amount of delinquent charges, including penalties, interest and +collection costs, if any, incurred upon the property as of the date of +execution of the lien. +   (d)   Execution and recording. The lien must be: +      (1)   executed by the city manager and acknowledged by a notary public of +the State of Texas; +      (2)   approved as to form by the city attorney; and +      (3)   filed in the deed or lien records of the county in which the +property is located. +   (e)   Priority of lien. The lien is superior to all other liens except a +bona fide mortgage lien recorded prior to the recording of the city’s lien in +the deed or lien records of the county in which the property is located. +   (f)   Additional charges; correction lien. Should additional delinquent +charges be incurred subsequent to the date of the original lien’s execution, a +correction lien may be executed and filed, in the form provided above, fixing +the additional delinquent charges. The correction lien, when filed of record, +shall relate back to the date of recording of the original lien and shall +become a part of the original lien. +   (g)   Suit to foreclose. The city attorney, at the request of the director, +may file suit to judicially foreclose the lien in a state court of competent +jurisdiction. The suit may not be filed earlier than 60 days after the +recording date of the lien. +   (h)   Release of lien. Upon certification by the director that all +delinquent charges which existed against the property have been fully paid, the +city manager is authorized to execute a release of the lien. The release shall +be prepared and approved as to form by the city attorney and shall be duly +acknowledged. After execution, the director must immediately file the release +in the deed or lien records of the county in which the property is located. +   (i)   Cumulative remedies. This section is cumulative of any other remedies, +methods of collection or security available to the director or the city under +the charter and ordinances of the city or under state law. This section does +not affect the director’s authority to refuse or to furnish service when +delinquent charges exist. (Ord. Nos. 19201; 20215; 20653) +SEC. 49-14.   NOTICE OF WATER LIEN. +   (a)   Form of notice. Prior to recording of the water lien, the director +shall send notice, by certified mail, return receipt requested, that a lien +will be fixed on the property in accordance with law. The notice must provide a +time, place and means by which the charges causing the lien may be paid or +disputed. The notice must be sent to: +      (1)   the customer in whose name the account for service to the property +exists; and +      (2)   the last known record owner of the property according to the tax +rolls of the city, if the customer is not the owner. +   (b)   Absence of notice. Absence of receipt of notice does not affect the +enforceability of a lien perfected under Section +49-13. (Ord. Nos. 19201; 19622) +SEC. 49-15.   NOTICE OF VACANCY OR TRANSFER OF PROPERTY. +   (a)   When notice given. The customer, or the owner of property served, must +notify the director within three days after the occurrence of: +      (1)   any total vacancy in the property served; +      (2)   any change in ownership, whether by sale, foreclosure, business +reorganization or otherwise; or +      (3)   any occupancy of previously vacant property. +   (b)   Failure to notify. Failure to give notice in accordance with +Subsection (a) shall render the owner and the customer, if he is not the owner, +jointly and severally liable for all charges due against the property. Upon +receipt of notice under Subsection (a)(1) or (a)(2), the director shall prepare +a final bill for the account. (Ord. 19201) +SEC. 49-16.   PERMISSION OF OWNER OR CUSTOMER TO BE SECURED BEFORE USING WATER; +USE BEFORE FILING APPLICATION FOR SERVICE. +   (a)   Use without consent. A person commits an offense if, where water is +furnished to any premises, the person knowingly takes water from any faucet or +water connection on the premises without first securing the consent of, and +making arrangements with, the owner of the premises or the customer in whose +name the account exists. This section does not apply to a person employed by +the city who is engaged in work of an emergency nature in his official capacity +as a city employee. +   (b)   Use without application. A person commits an offense if he knowingly +diverts or uses water from any part of the water system without making +application and without receiving the director’s consent to use a service. +Absence of an account for service on file with the department constitutes prima +facie proof of the lack of the director’s consent to use a service. +   (c)   Defense. It is a defense to prosecution under Subsection (b) of this +section if the person uses service pursuant to an approved application request +by telephone under Section +49-3. (Ord. Nos. 19201; 20215) +SEC. 49-17.   DIRECTOR’S AUTHORITY TO CONTRACT; RATES AS CONSIDERATION. +   (a)   General contract authority. The director is authorized to provide +service without the necessity of city council approval except for: +      (1)   a contract for noninterruptible untreated or treated water service +which is for a fixed term of longer than three years; +      (2)   a wholesale service contract involving a governmental entity; +      (3)   a contract by which the city receives water or wastewater service; +and +      (4)   any service contract otherwise required by state law, city charter, +or other provisions of this chapter, to be approved by city council. +   (b)   Consideration. The consideration received by the city for a service +contract must be based on the rates prescribed in this chapter. However, the +city council may approve a special-rate contract for wholesale water or +wastewater service where it determines rates in this chapter to be +discriminatory or unreasonable under the circumstances. (Ord. 19201) +SEC. 49-18.1.   RATES FOR TREATED WATER SERVICE. +   (a)   Form of rate. The monthly rate for treated water service to a customer +consists of: +      (1)   a customer charge; and +      (2)   a usage charge. +   (b)   Billing cycle. In this section, water used per month is based upon the +billing cycle of the department. +   (c)   Rate tables. The director shall charge customers for treated water +service in accordance with the following tables: +      (1)   Water Service Customer Charges. +METER SIZE RATE PER METER +METER SIZE RATE PER METER +5/8-inch meter $5.79 +3/4-inch meter $8.16 +1-inch meter $11.89 +1-1/2-inch meter $22.07 +2-inch meter $35.91 +3-inch meter $84.98 +4-inch meter $139.70 +6-inch meter $277.42 +8-inch meter $462.20 +10-inch meter or larger $709.10 +  +      (2)   Usage Charge—Rate Per 1,000 Gallons. +  TYPE OF USAGE +(A) Residential:   +  (i) Up to 4,000 gallons $2.03 +  (ii) 4,001 to 10,000 gallons $4.44 +  (iii) 10,001 to 20,000 gallons $7.26 +  (iv) 20,001 to 30,000 gallons $10.34 +  (v) Above 30,000 gallons $12.03 +(B) General service:   +  (i) Up to 10,000 gallons $4.83 +  (ii) Above 10,000 gallons $5.31 +  (iii) Above 10,000 gallons and 1.4 times annual average monthly $8.05 + usage +  +   (d)   Applicability of rates to meters. The charges for water service in +Subsection (c) of this section apply to each meter that exists at a customer’s +premises. A customer may request removal of inactive meters to combine services +through a single meter. If, within one year, a customer requests removal and +restoration of a meter that is used for lawn sprinkling, air conditioning, or +other seasonal purposes, the customer shall pay a reconnection charge that is +equal to the monthly customer charge in Subsection (c) of this section +multiplied by the number of months the service was discontinued. +   (e)   Rates where no meter exists. If a customer is without a meter, the +minimum usage charge per month is based upon the average monthly usage for a +customer in the same service class at the rate specified in Subsection (c) of +this section. The customer charge is based upon the size of the service line at +the property. +   (f)   Election for certain general water service customers. A general water +service customer inside the city who uses at least 1,000,000 gallons of water +per month may elect, in writing, to be assessed the special charges under this +subsection instead of the regular general service rate, according to the +following conditions: +      (1)   The customer must agree to pay each year: +         (A)   the monthly customer charge as provided in Subsection (c); +         (B)   $2,953.56 per month as a usage charge on the first 1,000,000 +gallons used in a billing period; and +         (C)   $4.65 per 1,000 gallons used in excess of 1,000,000 gallons per +month. +      (2)   The customer must agree that consumption billed during any billing +period ending in May, June, July, August, September, and October will not +exceed 1.5 times the average monthly consumption billed in the previous winter +months of December through March. +      (3)   To be eligible for the special rate, a customer’s maximum hourly +water usage during a seven-day period must not be greater than seven times the +average hourly usage rate for the same seven-day period. +      (4)   If a customer’s usage of water exceeds the amounts allowed under +Subsection (f)(2) or (f)(3), the customer will be notified that the customer +will be billed at the regular usage charge stated in Subsection (c) for a +minimum of 12 months, and such additional time until the customer can +demonstrate to the satisfaction of the director that the requirements of +Subsection (f)(2) and (f)(3) can be maintained. +      (5)   The director may grant a variance to Subsection (f)(4) where +special circumstances warrant. +   (g)   Adjusted rates for hidden water leaks. When a customer experiences a +substantial increase in water or wastewater usage from a hidden water leak and +the customer meets the requirements of Section 49-9(e), the director will +adjust the account and bill the customer. +      (1)   an estimated amount of normal water usage for the period at the +regular rate; +      (2)   the excess water usage caused by the hidden leak at the following +applicable rate: +  +TYPE OF USAGE RATE PER 1,000 GALLONS +(A) Residential $2.03 +(B) General service $4.83 +(C) Optional general service $4.65 +(D) Municipal service $3.19 +  +and +      (3)   the applicable wastewater rate prescribed in Section +49-18.2(c), based on an adjustment of wastewater volume to estimated normal +volume, where adjustment is appropriate. +   (h)   Billing based on full month. If a customer requests discontinuance of +service at an address where uninterrupted service was provided for a period of +time so short that the only bill for services rendered would be the final bill, +such billing will be computed as though service had been furnished for a full +billing month. +   (i)   Rates for municipal purpose water service. Water service to property +owned by the city of Dallas that is used solely for municipal purposes may be +charged $3.19 per 1,000 gallons of water used. (Ord. Nos. 19201; 19300; 19682; +20077; 20449; 20737; 21061; 21430; 21824; 22208; 22564; 23289; 23670; 24050; +24744; 25385; 25755; 26135; 26479; 26961; 27355; 27698; 28025; 28426; 28795; +29150; 29479; 29879; 30215; 30653; 30993; 31332; 31657; 32003; 32310; 32556) +SEC. 49-18.2.   RATES FOR WASTEWATER SERVICE. +   (a)   Form of rate. The monthly rate for wastewater service to a customer +consists of: +      (1)   a customer charge; +      (2)   a usage charge; and +      (3)   a surcharge for excessive concentration of wastes, if applicable. +   (b)   Billing cycle. In this section, water used per month is based upon the +billing cycle of the department. +   (c)   Rate tables. The director shall charge a customer for wastewater +service in accordance with the following tables: +Wastewater Service Charges. +      (1)   Monthly customer charges. +METER SIZE RATE PER METER +METER SIZE RATE PER METER +5/8-inch meter $5.21 +3/4-inch meter $6.91 +1-inch meter $10.26 +1-1/2-inch meter $19.73 +2-inch meter $32.54 +3-inch meter $75.85 +4-inch meter $119.90 +6-inch meter $238.20 +8-inch meter $396.77 +10-inch meter or larger $623.90 +  +      (2)   Monthly residential use charge: $5.87 per 1,000 gallons of the +average water consumption billed in the months of December, January, February, +and March or the actual month's water consumption, whichever is less, up to a +maximum charge of 40,000 gallons per month. +      (3)   Monthly general service usage charge: $4.96 per 1,000 gallons of +water used. +      (4)   Monthly usage charge for Section +49-18.1(f) customer: $4.56 per 1,000 gallons of water used. +      (5)   Monthly general service usage charge for wastewater separately +metered: $4.61 per 1,000 gallons of wastewater discharged. +      (6)   Monthly surcharge for excessive concentrations of waste: an amount +calculated in accordance with Sections +49-18.12, +49-48, and +49-49 of this chapter. +      (7)   Monthly surcharges for excessive concentrations of waste for +wastewater separately metered: An amount calculated in accordance with Sections +49-18.12, +49-48, and +49-49 of this chapter. +   (d)   Where residential water service is not used. If a residential customer +does not receive water service solely from the city, the director shall +estimate water used per month to determine the usage charge in Subsection (c). +   (e)   Where general water service is not used. If a general service customer +does not receive water service solely from the city, the customer must install +and maintain, at the customer's expense, adequate meters that measure total +water usage from other sources and that meet American Water Works Association +standards. The customer must pay an additional customer charge of $10.00 per +month for each meter, regardless of size, installed under this subsection. When +a meter is inaccurate, the director may estimate water usage. +   (f)   Rates for municipal purpose wastewater service. Wastewater service to +property owned by the city of Dallas that is used solely for municipal purposes +may be charged $3.22 per 1,000 gallons of water used. (Ord. Nos.19201; 19300; +19682; 20077; 20737; 21061; 21430; 21824; 22208; 22564; 23289; 23670; 24050; +25385; 25755; 26135; 26479; 26961; 27355; 27698; 28025; 28426; 28795; 29150; +29479; 29879; 30215; 30653; 30993; 31332; 31657; 32003; 32310; 32556) +SEC. 49-18.3.   GENERAL SERVICE: SEPARATE BILLING. +   (a)   Conditions of separate billing. A general service customer inside the +city may receive separate bills for water service and wastewater service if he +installs and maintains, at his expense, meters or other liquid measuring +devices that are accurate and approved by the director to measure: +      (1)   total wastewater discharged directly into the wastewater system +from the premises; or +      (2)   water losses from activities involving evaporation, irrigation or +water consumed in products, as illustrated by, but not limited to, cooling +towers, boilers, lawn watering systems, or food products. +   (b)   Customer charge. A customer who chooses to be billed under this +section must pay an additional customer charge of $60.00 per month for each +meter installed pursuant to this section, regardless of the size of the meter. +   (c)   Where meter is inaccurate. When a meter installed pursuant to this +subsection is inaccurate, the director may estimate usage or discharge. If a +customer fails to repair or replace an inaccurate meter, the director shall +bill the customer for the usage charge in Section +49-18.2(c)(3) or (4), whichever is applicable. (Ord. Nos. 19201; 21430; 25385; +26961; 28795; 32003) +SEC. 49-18.4.   RATES FOR WHOLESALE WATER AND WASTEWATER SERVICE TO +GOVERNMENTAL ENTITIES. +   (a)   Form of rate. The director may provide wholesale water service to +governmental entities. The service will be furnished in accordance with a +written contract at the rates prescribed in this section and under such other +terms and conditions as the city council deems reasonable. The rate for +wholesale water service to a governmental entity will consist of: +      (1)   a volume charge and a demand charge; or +      (2)   a flat rate charge. +   (b)   Rate table. The director shall charge a governmental entity for +wholesale water service in accordance with the following: +      (1)   The volume charge for treated water is $0.5150 per 1,000 gallons of +water used, and the annual water year demand charge is $328,362 per each mgd, +as established by the highest rate of flow controller setting. +      (2)   If a flat rate charge for treated water is provided by contract, or +in the absence of a rate flow controller, the charge is $2.8349 per 1,000 +gallons of treated water used. +      (3)   A monthly readiness-to-serve charge will be assessed for any +standby service point. The monthly fee, based on size of connection, is as +follows: +  +Size of Connection Monthly Standby Fee +3-inch $84.98 +4-inch $139.70 +6-inch $277.42 +8-inch $462.20 +10-inch or larger $709.10 +  +      (4)   The rate for regular untreated water service to a governmental +entity is $1.1409 per 1,000 gallons of untreated water used. The rate for +interruptible untreated water service to a governmental entity is $0.4322 per +1,000 gallons of untreated water used. +   (c)   Revisions. Unless otherwise provided in this chapter, if the written +contract for wholesale service between the city and a governmental entity +provides for revision of rates, the charges under the written contract must +comply with the charges provided in this section. +   (d)   Emergency exchanges. The director may, in the interest of the city and +its customers, make connection agreements with other governmental entities for +emergency exchange of water. +   (e)   Wholesale wastewater rates. The director may provide wholesale +wastewater service to other governmental entities by contract, in accordance +with the following rules: +      (1)   The monthly rate for wholesale wastewater service is $3.1003 per +1,000 gallons of +wastewater discharged. The director is authorized to compensate those +governmental entities located within the boundaries of the city for the city's +use of integrated facilities owned by those governmental entities. +      (2)   An infiltration and inflow adjustment factor of 12.0 percent will +be added to the average water consumption for the months of December, January, +February, and March to determine billable volume for a governmental entity with +unmetered wholesale wastewater service. +      (3)   If the BOD or suspended solids concentration of waste discharged +exceeds 250 mg/L, the governmental entity must pay a surcharge calculated in +accordance with Section 49-18.12(1)(A) or (B), whichever applies. +   (f)   Treatment of water owned by another governmental entity. The director +may provide treatment services at the Elm Fork water treatment plant to water +owned by another governmental entity in accordance with a written contract. The +volume charge for treating water owned by another governmental entity is +$0.4243 per 1,000 gallons of water treated, and the annual water year demand +charge is $49,747.09 per each mgd, as established by the maximum demand +capacity set forth in the contract. (Ord. Nos. 19201; 19300; 19682; 20077; +20449; 20636; 20737; 21061; 21430; 21824; 22208; 22564; 22907; 23289; 23670; +24050; 24414; 24744; 25049; 25385; 25755; 26135; 26479; 26961; 27355; 27698; +28025; 28426; 28795; 29150; 29479; 29879; 30215; 30653; 30993; 31332; 31657; +32003; 32310; 32556) +SEC. 49-18.5.   RATE FOR UNTREATED WATER. +   (a)   Regular rate. The charge for untreated water is $1.1409 per 1,000 +gallons of water used. +   (b)   Interruptible rate. The charge for interruptible service is $0.4322 +per 1,000 gallons of water used. +   (c)   Reservoir supply permits. The director may issue permits, without the +necessity of council approval, to owners of property abutting water supply +lakes or streams for the domestic use of untreated water. A charge for water +used will be made as provided in Subsection (a) or (b). The term of such +permits may not exceed three years, but the permits are renewable at the option +of the city. An application for a permit or permit renewable under this +subsection must be accompanied by a non-refundable processing fee of $210. +   (d)   Commercial contracts for untreated water. +      (1)   Short-term contracts. The director may authorize short-term +contracts, without the necessity of council approval, with owners of property +abutting water supply lakes or streams for the commercial use of untreated +water. A charge for water used will be made as provided in Subsection (a) or +(b). The term of such contracts may not exceed three years, but the contracts +are renewable at the option of the city. An application for a short-term +contract or contract renewable must be accompanied by a nonrefundable +processing fee of $225. +      (2)   Long-term contracts. The director may authorize long-term +contracts, with council approval, with owners of property abutting water supply +lakes or streams for the commercial use of untreated water. A charge for water +used will be made as provided in Subsection (a) or (b). The term of such +contracts may exceed three years, and are renewable at the option of the city. +An application for a long-term contract or contract renewal must be accompanied +by a nonrefundable processing fee of $385. +   (e)   Treatment plant effluent. Wastewater treatment plant effluent may be +purchased for one-half of the regular rate for untreated water. No distribution +facilities will be provided by the city. (Ord. Nos. 19201; 19682; 20077; 20449; +20737; 21061; 21430; 21824; 22208; 22564; 22907; 23289; 23670; 24050; 24414; +24744; 25049; 25385; 25755; 26135; 26479; 26961; 27355; 27698; 28025; 28426; +28795; 29150; 29479; 29879; 30215; 30653; 30993; 30994; 31332; 31657; 32003; +32310; 32556) +SEC. 49-18.6.   FEES FOR INSPECTION AND TESTING OF METERS AND BACKFLOW +PREVENTION DEVICES. +   (a)   Meter inspection fees. No charge will be made for the first meter +change or meter test requested by a customer at a single service connection +within any 12- month period. For each additional meter change or meter test +requested by a customer within a 12 month period that does not result in a +finding that the meter over-registered in excess of 1-1/2 percent, the director +shall charge the customer a fee according to the following schedule: +  +Meter-Size Fee +5/8 to 1-inch $50.00 +1-1/2 to 2-inch $35.00 +Larger than 2-inch Actual cost of change and test +  +   (b)   Meter replacement fees. A customer with an existing one-inch service +and a 5/8-inch or 3/4-inch meter, who requests that the meter be increased to +one inch, shall pay a fee of $185. Any other customer requesting an increase in +meter size up to but not greater than the size of the existing service shall +pay a connection charge for the requested size meter in accordance with Section +49-18.7(a) and (b). +   (c)   Inspection fee for meter verification. An inspection under Section +49-9(d) is free if the director verifies a gross discrepancy or a customer +requests not more than one inspection during any six-month period, otherwise +the charge is $15 for an inspection. +   (d)   Backflow prevention device inspection fees. The owner or person in +control of premises on which a backflow prevention device is located must pay a +fee to the city for the periodic inspection and testing as follows: +  +(1) For any backflow prevention device $50.00 each +(2) For each additional backflow prevention device inspected at the $45.00 each + same site, same time +  +   (e)   Exception. This section does not apply to a governmental entity that +receives wholesale water or wastewater service. (Ord. Nos. 19201; 19300; 23289; +25049; 25385; 26135; 26479; 27355) +SEC. 49-18.7.   SERVICE CONNECTION CHARGES. +   (a)   Water service installation and connection charge. The director shall +charge for the installation of all water service connection at the following +rates: +      (1)   Water Service Installation Charges. +  +Connection Size Fee +3/4-inch $6,190.00 +1-inch $6,360.00 +1 1/2-inch $7,590.00 +2-inch $8,380.00 +  +      (2)   Connecting Existing Water Service. +  +Connection Size Fee +3/4-inch $1,200.00 +1-inch $1,380.00 +1 1/2-inch $2,860.00 +2-inch $3,870.00 +Up to 2-inch bullhead $3,400.00 +  +   (b)   Wastewater service installation and connection fees. Except as +provided in Subsection (d), the city shall charge the following rates for the +installation or connection of residential wastewater service lines: +  +(1) First wastewater service line installation and connection charge $6,890. 00 +(2) For connecting existing wastewater service lines constructed by $475.00 + other persons +  +   (c)   Installation of large or commercial connections. In cases where the +service connection involved is a water service connection larger than two +inches or a wastewater service connection to a commercial, industrial or other +non-residential service establishment, the following rules apply: +      (1)   If the director does not require the applicant to construct and +install the service connection pursuant to Section 49-24(c)(4), the applicant +shall pay the city an amount equal to the department’s cost of constructing and +installing the service connection. This amount is due prior to commencement of +construction by the city. +      (2)   If the director requires the applicant to construct and install the +service connection pursuant to Section 49-24(c)(4), the applicant shall pay a +connection inspection fee of $275 and shall bear all costs of construction and +installation and the cost of any materials or appurtenances supplied by the +department for construction or installation purposes. The connection inspection +fee and amounts payable to the city for the cost of materials and appurtenances +must be paid at the time of permit issuance. +      (3)   Unpaid charges due and owed to the city and other unpaid costs of +construction incurred by the applicant under this subsection must be paid +before the department will activate water or wastewater service to the property +connected. +   (d)   Special residential wastewater connections. The connection charge +procedures described in Subsections (e) and (f) of this section will apply to a +residential wastewater service application when: +      (1)   wastewater service to the premises requires a deep cut connection; +      (2)   the service will be connected to a wastewater main located in a +specific purpose easement obtained by the city; or +      (3)   a customer requests an additional wastewater service line or +relocation of an existing wastewater service line. +   (e)   Fees for special residential wastewater connections. The director will +furnish an estimate of cost to an applicant for a special residential +wastewater service connection as described in Subsection (d) of this section. +The applicant must deposit the estimated amount before the director will issue +a permit for the connection. The final cost will be adjusted upon completion of +the work, but in no event will the final cost be less than the flat charge +stated in Subsection (b). Should the final cost of the work exceed the amount +deposited, the director will furnish the party or parties making the deposit a +statement showing the amount of the excess. The statement will constitute +notice that the excess amount is due. The director may refuse or discontinue +service to the property until full payment has been made for the work +performed. Upon completion of the work, if final cost is less than the amount +of estimate or deposit, a refund of the amount of overpayment will be +immediately made to the party or parties from whom the deposit was received. +   (f)   Alternatives to Subsection (e). As an alternative to the procedure of +Subsection (e), an applicant for a special residential wastewater service +connection may request, and the director may furnish, a price at which the city +will install a connection at the premises where service is desired, without +regard to the actual cost of the installation. The price will never be less +than the flat charge stated in Subsection (b). If the applicant agrees to pay +this price, then he shall make full payment of this price to the director +before work is begun on the installation and no further adjustments will be +made. +   (g)   What constitutes cost in Subsections (e) and (f). The flat rate charge +and the estimate of cost of any special residential wastewater service +connection shall include all costs incidental to making the installation of the +service connection required, including the necessary repairs to pavement of any +kind or character involved in making the service connection. The department +shall make the necessary pavement repairs. +   (h)   Standard affordable housing refund. Whenever affordable housing units +are provided as a part of a project in accordance with Division 51A-4.900 of +the Dallas Development Code, as amended, the director shall authorize a refund +of a percentage of the total service connection fees paid by the permittee for +the project equal to the percentage of standard affordable housing units +provided in the project. (Ord. Nos. 19201; 19300; 20215; 21663; 23289; 25049; +25385; 25755; 26479; 27698; 28795; 29150; 29879; 30215; 30993; 31657; 32003; +32556) +SEC. 49-18.8.   SECURITY DEPOSIT AMOUNTS. +   The amount of a security deposit is governed by the following: +      (1)   Standard deposit for residential service accounts. +  +5/8-inch and 3/4-inch meter $ 80.00 +1-inch meter $100.00 +1 1/2-inch meter $120.00 +2-inch meter and larger $160.00 +  +      (2)   Standard deposit for other than residential service accounts. An +amount is required sufficient to cover two times the average bill in the past +12 months for the location served. In the case of a new account, the deposit is +two times the average estimated bill. +      (3)   A residential service customer who has service discontinued twice +within a 12-month period for nonpayment of charges shall make an additional +deposit equal to one-sixth of his total standard bill for the prior 12 months +or $80, whichever is greater. This increase in deposit is in addition to other +charges required for reinstatement of service. If information to determine the +total standard bill for the prior 12 months is unavailable or inapplicable, the +director may determine the amount of the required deposit based on bills to +similar property for those months for which the information is unavailable or +inapplicable. +      (4)   The director may require a higher security deposit, not to exceed +three times the average bill at the location served or to be served, for any +class of service, when the director determines that there is a substantial risk +of financial loss to the department. (Ord. Nos. 19201; 25385) +SEC. 49-18.9.   CHARGES FOR USE OF FIRE HYDRANTS. +   A person requesting the use of water from a fire hydrant pursuant to Section +49-27 shall pay the following application charges: +      (1)   a deposit of $2,150 to be refunded when the service is discontinued +and the meter is returned to the city by the person or the person's authorized +representative, less any unpaid fees for services and any costs to repair +damage in excess of normal wear; +      (2)   a monthly fire hydrant service charge of $84.98; and +      (3)   a usage charge for water that will be billed at the general service +rate prescribed in Section +49-18.1(c)(2)(B). (Ord. Nos. 19201; 19300; 21430; 25385; 26135; 26961; 27698; +28025; 28426; 28795; 29150; 29479; 29879; 30215; 30653; 31657; 32003; 32310; +32556) +SEC. 49-18.10.   SPECIAL ASSESSMENT RATES; LOT AND ACREAGE FEES. +   (a)   Special assessment rate. When a person owning benefited property is +charged in accordance with Section +49-56(b), the following front foot rates will be applied: +      (1)   $6.00 per front foot of the lot or tract of land to which water +service connections are made available, where the lot or tract benefits by the +enhanced value due to an extension; and +      (2)   $6.00 per front foot of the lot or tract of land to which +wastewater service connections are made available, where the lot or tract +benefits by the enhanced value due to an extension. +   (b)   Adjustment. The city council may adjust the rates established in +Subsection (a) as prescribed in Section +49-56(d). +   (c)   Lot or acreage fee for individual owners. Individual owners required +to pay a lot or acreage fee pursuant to Section +49-56(h) will be charged as follows: +      (1)   $0.018 per square foot of lot that is part of a subdivided tract +utilizing an existing water main; +      (2)   $785.00 per acre of any unsubdivided tract utilizing an existing +water main; +      (3)   $0.018 per square foot of lot that is part of a subdivided tract +utilizing an existing wastewater main; +      (4)   $785.00 per acre of any unsubdivided tract utilizing an existing +wastewater main. +   (d)   Acreage fee for developers. Developers required to pay an acreage fee +in accordance with Section +49-62 will be charged as follows: +      (1)   $785.00 per acre of land for an existing water main; and +      (2)   $785.00 per acre of land for an existing wastewater main. (Ord. +Nos. 19201; 19300; 20653; 22564) +SEC. 49-18.11.   EVALUATED COST TABLES FOR OVERSIZE, SIDE, OR OFF-SITE +FACILITIES. +   The director will use the following evaluated cost tables to calculate city +payments and to calculate fees due under Section +49-62. City payments will be calculated by the director by using either the +unit prices in the construction contract submitted by the developer, or the +unit prices in the evaluated cost tables, whichever is less. +WATER MAINS AND APPURTENANCES +ITEM UNITS +WATER MAINS AND APPURTENANCES +ITEM UNITS +4-inch pipe linear foot $55.00 +6-inch pipe linear foot 60.00 +8-inch pipe linear foot 65.00 +12-inch pipe linear foot 75.00 +16-inch pipe linear foot 120.00 +20-inch pipe linear foot 130.00 +24-inch pipe linear foot 140.00 +30-inch pipe linear foot 150.00 +36-inch pipe linear foot 165.00 +39-inch pipe linear foot 170.00 +42-inch pipe linear foot 175.00 +45-inch pipe linear foot 190.00 +48-inch pipe linear foot 200.00 +4-inch valve each 700.00 +6-inch valve each 900.00 +8-inch valve each 1,200.00 +12-inch valve each 2,200.00 +16-inch valve each 4,100.00 +20-inch valve each 7,350.00 +24-inch valve each 9,700.00 +30-inch valve each 16,000.00 +36-inch valve each 21,000.00 +42-inch valve each 43,000.00 +48-inch valve each 64,000.00 +Fire hydrant each 3,000.00 +3/4-inch copper deadhead each 820.00 +1-inch copper deadhead each 910.00 +1 1/2-inch copper deadhead each 1,830.00 +2-inch copper deadhead each 1,830.00 +3/4-inch water service, meter box and transfer for others each 1,110.00 +1-inch water service, meter box and transfer for others each 1,170.00 +1 1/2-inch water service, meter box and transfer for each 1,560.00 +others +2-inch water service, meter box and transfer for others each 2,130.00 +Cut and plug water main for others each 735.00 +Remove fire hydrant for others each 540.00 +Reconnect existing service for others each 700.00 +Disposal of heavily chlorinated water contract 1,500.00 +3/4-inch air relief each 1,485.00 +1-inch air relief each 3,450.00 +2-inch air relief each 4,350.00 +Bore for 6-inch water linear foot 145.00 +Bore for 8-inch water linear foot 165.00 +Bore for 12-inch water linear foot 180.00 +Bore for 16-inch water linear foot 195.00 +Bore for 20-inch water linear foot 230.00 +Bore for 24-inch water linear foot 245.00 +Bore for 36-inch water linear foot 265.00 +Bore for 39-inch water linear foot 270.00 +Bore for 42-inch water linear foot 275.00 +Bore for 45-inch water linear foot 280.00 +Bore for 48-inch water linear foot 285.00 +  +SANITARY SEWER MAINS AND APPURTENANCES +ITEM UNITS +SANITARY SEWER MAINS AND APPURTENANCES +ITEM UNITS +6-inch pipe linear foot $55.00 +8-inch pipe linear foot 65.00 +10-inch pipe linear foot 70.00 +12-inch pipe linear foot 75.00 +15-inch pipe linear foot 85.00 +18-inch pipe linear foot 100.00 +21-inch pipe linear foot 110.00 +24-inch pipe linear foot 120.00 +27-inch pipe linear foot 130.00 +30-inch pipe linear foot 140.00 +33-inch pipe linear foot 160.00 +36-inch pipe linear foot 190.00 +39-inch pipe linear foot 200.00 +42-inch pipe linear foot 210.00 +48-inch pipe linear foot 230.00 +Lateral each 900.00 +Lateral for others each 1,200.00 +Reconnect existing lateral for others each 700.00 +Cleanout each 460.00 +Wastewater access device each 2,200.00 +4-foot diameter manhole each 5,800.00 +5-foot diameter manhole each 6,000.00 +6-foot diameter manhole each 6,400.00 +Type “S” manhole each 7,000.00 +Bore for 6-inch sewer linear foot 135.00 +Bore for 8-inch sewer linear foot 160.00 +Bore for 10-inch sewer linear foot 220.00 +Bore for 12-inch sewer linear foot 240.00 +Bore for 15-inch sewer linear foot 260.00 +Bore for 18-inch sewer linear foot 270.00 +Bore for 21-inch sewer linear foot 275.00 +Bore for 24-inch sewer linear foot 290.00 +Bore for 27-inch sewer linear foot 295.00 +Bore for 30-inch sewer linear foot 300.00 +Bore for 33-inch sewer linear foot 305.00 +Bore for 36-inch sewer linear foot 310.00 +Bore for 39-inch sewer linear foot 315.00 +Bore for 42-inch sewer linear foot 320.00 +Bore for 48-inch sewer linear foot 325.00 +Abandon existing manhole for others each 700.00 +  +MISCELLANEOUS ITEMS +ITEM UNITS +MISCELLANEOUS ITEMS +ITEM UNITS +Crushed rock for paving repairs cubic yard $40.00 +Asphalt paving square yard 150.00 +Concrete paving cubic yard 375.00 +Driveway cubic yard 215.00 +Sidewalk square yard 50.00 +Curb and gutter linear foot 40.00 +Stabilized backfill cubic yard 90.00 +Concrete backfill cubic yard 170.00 +Rip rap square yard 40.00 +Rock foundation cubic yard 60.00 +Excavation: in excess of 10 feet in depth below approved +street grade: +   in dirt cubic yard 15.00 +   in rock cubic yard 30.00 +  +NOTE: +A payment for an extra depth manhole shall be calculated by adding 10 percent +of the manhole unit price for each foot in excess of 10 feet below approved +street grade to the unit price. (Ord. Nos. 19201; 19526; 20077; 20449; 20737; +21430; 21824; 22208; 24414; 27355; 31332; 31657; 32003) +SEC. 49-18.12.   INDUSTRIAL SURCHARGE RATE FORMULA FOR EXCESSIVE +CONCENTRATIONS. +   Surcharge rate formula. The person responsible for industrial waste +discharge in excessive concentrations of BOD and suspended solids shall pay an +industrial surcharge in addition to regular water and wastewater rates, either +under Section 49-49 or in accordance with the following cost factors and +formula: +      (1)   The user's cost factors for excessive industrial waste are based on +the capital and operating cost of wastewater facilities to provide treatment +for the reduction of BOD and suspended solids. The formula is: +         (A)   Surcharge for excessive concentrations: +      Payment rate per 1,000 gallons: +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9895.png] +         (B)   Surcharge for excessive concentrations for wastewater metered +separately: +      Payment rate per 1,000 gallons: +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9893.png] +      BOD =   Average concentrations of BOD in mg/l, determined from sampling +the waste as described in Section +49-52 +      SS =      Average concentrations of suspended solids in mg/l, as +determined from sampling the waste as described in Section +49-52 +      (2)   The rate for each user may be calculated once every 12 months. +(Ord. Nos. 19201; 19300; 19682; 21061; 21430; 22564; 25755; 26135; 26479; +26961; 27355; 27698; 28795; 29150; 29479; 32003) +SEC. 49-18.13.   CHARGES FOR TRANSPORTERS OF SEPTIC TANK WASTE. +   Transporter rates and requirements. A person who transports or disposes of +septic tank or portable sanitation waste at the city’s wastewater treatment +facility must: +      (1)   obtain and maintain a liquid waste transport permit from the city +for each vehicle in accordance with +Chapter 19, +Article X of this code; +      (2)   deposit $500 with the director for each vehicle, the deposit to be +refunded when the vehicle is no longer used to dispose of waste at the city’s +wastewater treatment facility and all fees have been paid; +      (3)   pay a disposal fee of $0.045 per gallon for each load of septic +tank waste, with the fee calculated as if the permitted vehicle carrying the +load was at full capacity; and +      (4)   dispose of waste at the wastewater treatment facility specified by +the director. (Ord. Nos. 19201; 19300; 22026; 22927; 26925; 27698) +SEC. 49-18.14.   RATES FOR DEVELOPMENT REVIEW ACTIVITIES. +   Design review fees. The rates for reviewing engineering plans for the +construction of water and wastewater facilities for the purpose of development +or redevelopment are as follows: +      (1)   $1,050 for design review of engineering plans requiring more than +100 feet of construction of water and wastewater mains, excluding the footage +of building service connections. +      (2)   $300 for design review of engineering plans requiring 100 feet or +less of construction of water and wastewater mains, excluding the footage of +building service connections. +      (3)   $300 for each additional design review of engineering plans for: +         (A)   every design review submission in excess of three engineering +design reviews, which submission was not required as a result of a review error +by the city; and +         (B)   each design revision submitted after construction has commenced, +which submission was not required as a result of a review error by the city. +(Ord. Nos. 19201; 20215; 22208; 23289; 27355) +SEC. 49-18.15.   PAYMENT TABLE. +   (a)   Off-site rates. The developer will be paid not more than the total +evaluated cost of off-site mains which he constructs or for which he advances +money under Section +49-62(c), in accordance with the following tables: +      (1)   Programmed off-site extensions. +         By private development contract: +            $240.00   /   new residential connection +            $112.50   /   new apartment connection +            $ 7.50   /   each new fixture unit installed for commercial uses, +with the reimbursement rate per connection not to be less than $240.00 +      (2)   Nonprogrammed off-site extensions. +         By private development contract: +            $160.00   /   new residential connection +            $ 75.00   /   new apartment connection +            $ 5.00   /   each new fixture unit installed for commercial uses, +with the reimbursement rate per connection not to be less than $160.00 +   (b)   Additional rules. For purposes of this section, a fixture unit is +defined in Section 107(d) and Chapter 10 of the Dallas Plumbing Code. A payment +under Subsection (a) of this section will be made strictly in accordance with +the rules of Section +49-62. (Ord. Nos. 19201; 19526; 20653) +SEC. 49-18.16.   MISCELLANEOUS CHARGES AND PROVISIONS; RATES WHERE NO CHARGE +SPECIFIED. +   (a)   Service application fees. Upon application for service under Section +49-3, a fee of $15 will be assessed to establish or transfer a residential or +general service account, except that a fee of $30 will be assessed to establish +or transfer an account for a general service customer described in Section +49-18.1(f) of this chapter. +   (b)   Discontinuance and restoration charges. For any discontinuance of +service under this chapter, except for a discontinuance under Section +49-22 or Subsection (d) of this section, a charge of $25 will be assessed for +each service call. An additional $35 charge will be assessed if the customer +pays delinquent charges and requests same day restoration of service. If a +meter has to be unpadlocked, set, or unplugged to restore discontinued service, +a charge of $25 will be assessed in addition to all other charges. +   (c)   Returned payment device charge. A charge in an amount allowable under +Section 3.506 of the Texas Business and Commerce Code, as amended, will be +assessed when a customer pays a service bill with a payment device, and the +payment device is dishonored and returned to the city. +   (d)   Temporary discontinuance charge. The service charge for discontinuing +service temporarily at the request of the customer or an agent of the customer +is $25, except that the director may waive this charge where the necessity for +turning water off is created by an emergency. +   (e)   Multiple tenant notification for possible service discontinuance. When +it is necessary to notify tenants of possible service discontinuance due to the +delinquent payments of a customer having a master meter serving four or more +units, the customer will be assessed a charge of $2.50 per unit for posting the +cutoff alerts. +   (f)   Service connection permit processing fee. If for any reason, within +the term of a service connection permit, an applicant for a service connection +under Section +49-24 fails to make the connection or does not require the connection, a $25 +processing fee will be retained from any service connection charges paid, with +any remainder being refunded to the applicant or property owner. +   (g)   Fire flow test. A charge of $150 will be assessed for each fire flow +test performed on existing city water lines at the request of a customer or +other person to determine water availability for fire protection systems. +   (h)   Where no charge specified. When charges for a service are not +specified in this chapter, the director shall establish charges which are based +on the cost of performing the services, including, but not limited to, such +services as the moving of meter locations, repair to damaged facilities, field +location of mains, fire hydrant relocation, installation of traffic lids on +meter boxes, replacement of a meter with a meter larger than one inch, water +and wastewater main abandonments, installation and removal of temporary +service, abandonment of manholes, and provision of printed materials. +   (i)   Where money credited. All sums of money collected as a charge or fee +authorized under this chapter, at the rates specified in this chapter, shall be +credited to the appropriate water and wastewater fund of the city. (Ord. Nos. +19201; 19300; 20737; 21824; 23289; 25049; 25385; 26961; 27355; 28426) +SEC. 49-18.17.   HYDROSTATIC TESTING OF WATER MAINS. +   No charge will be made for the hydrostatic testing or retesting of a water +main, except that a fee of $300.00 will be charged if an expedited test or +retest is requested. An expedited test or retest requires the department to +perform the hydrostatic testing or retesting on the water main within three +days after receipt of the request. (Ord. 26479) +ARTICLE III. +WATER AND WASTEWATER GENERALLY. +SEC. 49-19.   CONTROL OF AND ACCESS TO SYSTEMS; INTERFERENCE WITH ACCESS +GENERALLY. +   (a)   Systems as city property. All parts of the water and wastewater +systems, including but not limited to those parts defined in Section +49-1, are the property of the city. The director shall maintain and control +each system and keep detailed records concerning all aspects of department +operations. +   (b)   Who has access. Only a person who is authorized by the director +pursuant to Section +49-23 will have access to the water and wastewater systems for operation, +construction, maintenance, repair and other service-related purposes. +   (c)   Obstruction of authorized persons. A person commits an offense if he +knowingly obstructs a person authorized in accordance with Section +49-23 from: +      (1)   gaining access to a part of the water or wastewater system for +purposes of operation, inspection, construction, maintenance or repair; or +      (2)   performing actual operation, inspection, construction, maintenance +or repair of a part of the water or wastewater system. (Ord. 19201) +SEC. 49-20.   EMERGENCY AUTHORITY. +   (a)   Purpose and scope. The purpose of this section is to establish the +city’s policy in the event of shortages or delivery limitations in the city’s +water supply. This section applies to: +      (1)   all persons and premises within the city using water from the water +system; +      (2)   all retail customers who live in unincorporated areas within the +city’s extraterritorial jurisdiction and are served by the water system; and +      (3)   all wholesale service customers outside the city to the extent +provided in Subsection (i). +   (b)   Emergency water management plan. The director shall promulgate and +submit an emergency water management plan to the city council for approval, the +guidelines of which should include: +      (1)   the conditions under which a particular stage of emergency will be +implemented or terminated; and +      (2)   provisions defining specific events that will trigger an emergency. +   (c)   Authority. The city manager is authorized to implement measures +prescribed when required by this section and by the emergency water management +plan approved by the city council. The director is authorized to enforce the +measures implemented and to promulgate regulations, not in conflict with this +section or state and federal laws, in aid of enforcement. +   (d)   Implementation of emergency order. The director, upon determination +that the conditions of a water emergency exist, shall advise the city manager. +The city manager may order that the appropriate stage of emergency response, as +detailed in the emergency water management plan, be implemented. To be +effective, the order must be: +      (1)   made by public announcement; and +      (2)   published in a newspaper of general circulation in the city within +24 hours after the public announcement, which order becomes immediately +effective upon publication. +   (e)   Duration of order; change; extension. The order can be made effective +for up to, but not more than, 60 days from the date of publication. Upon +recommendation of the director, the city manager may upgrade or downgrade the +stage of emergency when the conditions triggering that stage occur. Any change +in the order must be made in the same manner prescribed in Subsection (d) for +implementing an emergency order. The city council may, upon the recommendation +of the city manager and the director, extend the duration of the emergency +order for additional time periods, not to exceed 120 days each. The city +manager shall terminate the order in the manner prescribed in Subsection (d) +for implementing an emergency order when the director determines that the +conditions creating the emergency no longer exist. +   (f)   Violation of section. A person commits an offense if he knowingly +makes, causes or permits a use of water contrary to the measures implemented by +the city manager as prescribed in the emergency water management plan. For +purposes of this subsection, it is presumed that a person has knowingly made, +caused or permitted a use of water contrary to the measures implemented if the +mandatory measures have been formally ordered consistent with the terms of +Subsection (d) and: +      (1)   the manner of use has been prohibited by the emergency water +management plan; +      (2)   the amount of water used exceeds that allowed by the emergency +water management plan; or +      (3)   the manner or amount used violates the terms and conditions of a +compliance agreement made pursuant to a variance granted by the director under +Subsection (g). +   (g)   Variances. During the times the emergency order is operative, the +director may grant variances in special cases to persons demonstrating extreme +hardship and need. The director may grant variances only under the following +circumstances and conditions: +      (1)   the applicant must sign a compliance agreement on forms provided by +the director, and approved by the city attorney, agreeing to use the water only +in the amount and manner permitted by the variance; +      (2)   granting of a variance must not cause an immediate significant +reduction in the city’s water supply; +      (3)   the extreme hardship or need requiring the variance must relate to +the health, safety or welfare of the person requesting it; and +      (4)   the health, safety and welfare of other persons must not be +adversely affected by granting of the variance. +   (h)   Revocation of variances. The director may revoke a variance granted +when he determines that: +      (1)    the conditions of Subsection (g) are not being met or are no +longer applicable; +      (2)   the terms of the compliance agreement are being violated; or +      (3)   the health, safety or welfare of other persons requires revocation. +   (i)   Wholesale service to customers outside the city. The director shall +advise customers receiving wholesale water service from the city of actions +taken under the emergency water management plan. The director may restrict +service to customers outside the city as permitted under the contract and state +law. +   (j)   Authority under other laws. Nothing in this section shall be construed +to limit the authority of the mayor, the city council or the city manager to +seek emergency relief under the provisions of any state or federal disaster +relief act. (Ord. 19201) +SEC. 49-21.   ADEQUACY OF SUPPLY. +   (a)   City supply must be adequate. Under no circumstances shall water be +furnished by the city to any applicant or customer unless the supply of the +city is adequate. In cases of emergency, priority of users of the city’s water +supply shall be determined by the director, subject to the requirements of +state law and Section +49-20. +   (b)   Revisions. The city council may from time to time, upon recommendation +of the city manager and the director, make revisions in the emergency water +management plan approved under Section +49-20(b) if prudent conservation requires the revisions. (Ord. 19201) +SEC. 49-21.1.   CONSERVATION MEASURES RELATING TO LAWN AND LANDSCAPE +IRRIGATION. +   (a)   Purpose. Lawn and landscape irrigation practices within the city, +especially during the summer months, can cause a waste of valuable water +resources. The purpose of this section is to mandate that water be used for +lawn and landscape irrigation in a manner that prevents waste, conserves water +resources for their most beneficial and vital uses, and protects the public +health. +   (b)   Lawn and landscape irrigation restrictions. +      (1)   A person commits an offense if, during the period from April 1 +through October 31 of any year and between the hours of 10:00 a.m. and 6:00 +p.m. on any day during that period, the person irrigates, waters, or causes or +permits the irrigation or watering of any lawn or landscape located on premises +owned, leased, or managed by the person. It is a defense to prosecution under +this paragraph that the person was only using water from a source other the +city’s water or wastewater system. +      (2)   A person commits an offense if, at any time during the year, the +person irrigates, waters, or causes or permits the irrigation or watering of +any lawn or landscape located on premises owned, leased, or managed by the +person with a hose-end sprinkler or automatic irrigation system on a day other +than a designated outdoor water use day for the property address. It is a +defense to prosecution under this paragraph that the person was: +         (A)   using a hand-held hose, drip irrigation device, soaker hose, or +hand-held bucket; +         (B)   irrigating during the repair or testing of a new or existing +automatic irrigation system; +         (C)   irrigating nursery stock at a commercial plant nursery; or +         (D)   only using water from a source other than the city’s water or +wastewater system. +      (3)   A person commits an offense if the person knowingly or recklessly +irrigates, waters, or causes or permits the irrigation or watering of a lawn or +landscape located on premises owned, leased, or managed by the person in a +manner that causes: +         (A)   a substantial amount of water to fall upon impervious areas +instead of upon the lawn or landscape, such that a constant stream of water +overflows from the lawn or landscape onto a street or other drainage area; or +         (B)   an automatic irrigation system or other lawn or landscape +watering device to operate during any form of precipitation. +      (4)   A person commits an offense if, on premises owned, leased, or +managed by the person, the person operates a lawn or landscape automatic +irrigation system or device that: +         (A)   has any broken or missing sprinkler head; or +         (B)   has not been properly maintained in a manner that prevents the +waste of water. +   (c)   Rain and freeze sensing devices. +      (1)   Any automatic irrigation system installed or operated within the +city must be equipped with a working rain and freeze sensing device. +      (2)   A person commits an offense if, on premises owned, leased, or +managed by the person, the person: +         (A)   installs, or causes or permits the installation of, an automatic +irrigation system in violation of Subsection (c)(1); or +         (B)   operates, or causes or permits the operation of, an automatic +irrigation system that does not comply with Subsection (c)(1). +   (d)   Variances. The director may, in special cases, grant variances from +the provisions of Subsections (b)(1), (b)(2), or (c) to persons demonstrating +extreme hardship and need. The director may grant variances only under all of +the following circumstances and conditions: +      (1)   The applicant must sign a compliance agreement on forms provided by +the director, and approved by the city attorney, agreeing to irrigate or water +a lawn or landscape only in the amount and manner permitted by the variance. +      (2)   Granting of a variance must not cause an immediate significant +reduction in the city’s water supply. +      (3)   The extreme hardship or need requiring the variance must relate to +the health, safety, or welfare of the person requesting it. +      (4)   The health, safety, and welfare of other persons must not be +adversely affected by granting the variance. +   (e)   Revocation of variances. The director may revoke a variance granted +when the director determines that: +      (1)   the conditions of Subsection (d) are not being met or are no longer +applicable; +      (2)   the terms of the compliance agreement are being violated; or +      (3)   the health, safety, or welfare of other persons requires +revocation. (Ord. Nos. 24745; 26518; 28622) +SEC. 49-22.   TEMPORARY DISCONTINUANCE FOR CONSTRUCTION, MAINTENANCE OR +EMERGENCY REASONS. +   (a)   Reasons for temporary discontinuance. The director is authorized to +temporarily discontinue service to premises for the following reasons: +      (1)   when a main break or other failure in the water or wastewater +systems could injure persons, private or city property, or other parts of the +systems; +      (2)   to perform routine maintenance or repair to any part of the water +or wastewater systems; +      (3)   to perform emergency maintenance or repair to any part of the water +or wastewater systems; +      (4)   in other cases of emergency, when necessary to protect the general +health, safety or welfare of persons; or +      (5)   to make a connection to a newly constructed or relocated water or +wastewater main. +   (b)   Responsibilities upon temporary discontinuance. In all cases of +temporary discontinuance, the director must restore service as soon as is +practical and must take all reasonable steps necessary to protect the public +health and safety under the circumstances. (Ord. 19201) +SEC. 49-23.   AUTHORIZED EMPLOYEES; RIGHT OF ACCESS OF EMPLOYEES FOR INSPECTION +AND MAINTENANCE; ACCESS OF CONTRACTORS. +   (a)   Authorized employees. The director shall designate those individuals +who are employed by the department and authorized to carry a credential of the +department. No person other than an authorized employee shall have or use any +credential of the department. An employee must surrender credentials to the +director upon termination of employment or at the request of the director. +   (b)   Right to access. An authorized employee shall carry a credential when +dealing with the general public. Upon presentation of the credential, an +authorized employee shall have free access, at reasonable hours, to private +premises receiving service, for the purpose of reading or inspecting a water +meter, a backflow prevention device or for other service- related activities. +Only an authorized employee may have free access to parts of the water and +wastewater systems for purposes of operation, construction, repair or +maintenance. +   (c)   Access by non authorized persons. A person commits an offense if he is +not an authorized employee under this section and he knowingly: +      (1)   uses a department credential to obtain access to private property +or to a part of the water or wastewater system; or +      (2)   falsely represents, by other than the display of a credential, that +he is an authorized employee of the department to obtain access to private +property or to a part of the water or wastewater system. +   (d)   Private contractors. A person performing construction or repair work +for the department pursuant to a contract with the city, or a private +development contract under Section +49-60(f), has a right of access to those parts of the water or wastewater +systems as is reasonably necessary to fulfill performance of the contract; +provided, that no person shall have the right under this subsection to open or +operate any valve in these systems. Access is subject to the express directions +of the director, the terms of the contract documents, and all requirements of +this code concerning permits. (Ord. 19201) +SEC. 49-24.   SERVICE CONNECTIONS. +   (a)   Maintaining service connections. The director is authorized to +maintain service connections from the mains in public rights-of-way to building +laterals or building water lines on premises, pursuant to the following rules: +      (1)   The city is responsible for maintenance of a service connection +from the main to the meter, or from the main to the property line where the +connection is unmetered, in the case of water service and from the main to the +property line in the case of wastewater service. +      (2)   The city will maintain a service connection at its original size as +long as the customer continues use of a service. +      (3)   The city’s obligation to continue maintenance of a service +connection ceases when the customer abandons use of a service. +      (4)   The city will remove, at the property owner’s expense, a service +connection made in violation of this code. +      (5)   The director is authorized to charge a fee in accordance with +Section +49-18.7 to an applicant or property owner for construction, installation, or +maintenance of a service connection. +   (b)   Connection permits. The following rules govern the issuance of a +service connection permit: +      (1)   The plumber must submit a copy of the plumbing permit, obtained +from the city’s building inspection division, with the connection permit +application. The connection permit application must specify: +         (A)   the address of the work; +         (B)   the name of the applicant; +         (C)   the name of the property owner; and +         (D)   the names of other plumbing subcontractors employed to do the +work. +      (2)   The director may revoke a permit at any time before work is +completed and connection is made if the director determines that the terms and +conditions of the permit are being violated, and no interested party will have +a claim for damages or refunds as a result of revocation. +      (3)   A connection permit must be issued in the name of the applicant and +the property owner. A permit is nontransferable and expires one year from the +date of issuance. In the event of failure to connect within the term of the +permit, a processing fee will be retained in accordance with Section +49-18.16(f) from any service connection charges paid, with any remainder being +refunded to the applicant or property owner. +   (c)   Construction and installation rules. The following rules govern +construction and installation of service connections: +      (1)   A building lateral, building water line, drain and other private +plumbing must be constructed in strict accordance with the provisions of the +city’s plumbing and building codes. The director may, as a condition of the +connection permit, impose additional construction requirements not in conflict +with the plumbing and building codes, this chapter, or other applicable state +or federal laws and regulations in order to protect the system from damage or +contamination, to facilitate connection, or where extraordinary circumstances +may require. +      (2)   A building lateral and building water line must be laid up to the +property line and the end left exposed. The permittee or his agent shall +provide a ditch safe for entry in accordance with state and federal safety +standards. A building lateral and building water line must be stubbed out to +meet the service line both as to horizontal location and vertical depth. +Location of the service line will be furnished upon request, or upon issuance +of a connection permit, but the permittee or the permittee’s agent is +responsible for uncovering and confirming the location of the service line +before construction of the building lateral or building water line. +      (3)   For a water service connection two inches or smaller, the +department will install the service line and meter and connect them to the +building water line when the building water line is properly laid in place. For +a residential wastewater service connection, the department will complete the +connection from the service line to the building lateral at the property line. +      (4)   For a water or wastewater service connection other than described +in Subsection (c)(3) of this section, the director may require the permittee to +construct and install the entire service connection including line connection +and meter hookup, if any. In the case of a water service connection under this +Subsection (c)(4), the department will inspect the water main tap and all +connections from that point to the building water line. In the case of a +wastewater service connection under this Subsection (c)(4), the department will +inspect the wastewater line tap and the building lateral. Upon inspection and +final acceptance of the service connection by the city, that portion of the +service connection that is the city’s responsibility to maintain under +Subsection (a) of this section becomes the property of the city free and clear +of all liens and encumbrances. If the director does not require the permittee +to construct and install the entire service connection, the department shall +construct and install the service connection in the same manner as described +for the connections done under Subsection (c)(3) of this section, at the +permittee’s cost. +      (5)   If the director requires the permittee to construct the service +connection, the permittee shall enter into a contract for the purpose pursuant +to the format prescribed in Section +49-60(f)(1), (f)(3), and (f)(4). The contract and bonds must be approved by the +director before any construction can commence. The permittee shall meet the +applicable requirements of the Dallas Plumbing Code, the connection permit and +this chapter, and shall pay the applicable charges and costs prescribed in +Section +49-18.7. In addition to compliance with the rules set out in this section, the +permittee shall obtain and follow the applicable department utility +appurtenance sheets to be used in completing the connection. +      (6)   All service connections must be made only by persons authorized by +the director, and the private plumbing must meet the construction requirements +of the Dallas Plumbing Code. Any ditch dug for the purpose of constructing or +installing a connection must be backfilled by the permittee or his agent upon +completion of the connection, following inspection and approval by the city. +      (7)   Nothing in this Subsection (c) shall be construed to limit the +city’s right to construct and install any service connection where the director +may deem it appropriate. +   (d)   Nuisance. Every commode, wastewater drain, privy or other wastewater +receptacle used on premises which is neither connected to the wastewater system +nor to a septic tank or receptacle approved under this code is hereby declared +to be a nuisance and a public health hazard. +   (e)   Enforcement authority. The director is authorized to promulgate +regulations not in conflict with this code, the city charter or state laws and +regulations to aid in implementing the provisions of this section. (Ord. Nos. +19201; 19622; 20215; 20653; 20737) +SEC. 49-25.   CROSS CONNECTIONS; LOCATION OF WATER AND SEWER MAINS. +   (a)   Cross connection prohibited. A person shall not make or permit a cross +connection between a system of piping supplied by the water system and the +following sources of supply, unless properly protected by an approved backflow +prevention device: +      (1)   a public or private source of primary supply other than the water +system; or +      (2)   any secondary supply known or suspected to be unsafe for drinking +water, including but not limited to shallow wells, reused industrial supplies, +raw surface water or swimming pools. +   (b)   Return flow prohibited. A person shall not make or permit a connection +or cross connection that causes the discharge or return of water to the water +system, including, but not limited to, water used as process water in or +passing through a boiler, heat exchanger, air conditioner, cooling equipment, +or other device, appliance, machine, mechanical system or process, in any +industrial, commercial, or residential application. +   (c)   Nuisance. A person commits an offense if he makes or permits a cross +connection or connection in violation of Subsection (a) or Subsection (b). The +making of a cross connection or connection in violation of Subsection (a) or +Subsection (b) is hereby declared to be a nuisance and a public health hazard. +   (d)   Proximity of water and wastewater mains. The director shall regulate +the relative proximity of water mains to wastewater mains, both existing and +under construction, in accordance with the Design Criteria for Public Sewerage +Systems and the Rules and Regulations for Public Water Supply of the State +Department of Health, in order to prevent contamination of the water system. +(Ord. Nos. 19201; 21606) +SEC. 49-26.   FIRE PROTECTION SYSTEMS. +   (a)   Application required. A person shall not connect a fire protection +system to the water system until application is made to the director, and then +approved by the director and the city fire marshal. +   (b)   General requirements. A fire protection system is subject to the +following regulations: +      (1)   The director shall not permit a fire protection system without an +approved meter or detector check device with a bypass meter. +      (2)   A fire protection service line must be no larger than one size +smaller than the water main serving the fire protection system, unless the +director approves a size on size connection in writing; provided that, in every +case, the water system must be capable of providing, at the point of delivery, +the delivery rate specified by the city fire marshal for the customer’s fire +protection system. +      (3)   A fire protection service line must not be larger than eight inches +without the director’s written approval. +      (4)   A fire protection system must conform to the standards and +regulations promulgated by the city fire marshal and other applicable +provisions of this code. +      (5)   A fire protection system installed by the customer shall be +inspected by the department at the time of installation. +   (c)   Installation of service connections. On service connections two inches +or smaller, the city will perform installation and maintenance of the necessary +meters and service lines connecting the fire protection system to the water +system, which installation will be done at the sole expense of the customer. On +service connections larger than two inches, the customer shall install the +service connection in accordance with the rules prescribed for water service +connections in Section +49-24(c)(4). +   (d)   Grounds for discontinuance. The director may, upon 10 days advance +notice to the city fire marshal, discontinue treated water service to a fire +protection system if: +      (1)   the director discovers an unauthorized connection has been made; +      (2)   water has been used from a fire protection system for a purpose +other than extinguishing a fire; +      (3)   a fire protection system has been installed or used without a +meter, where a meter is required; +      (4)   a waste of water is permitted from a fire protection system through +pipes or fixtures; +      (5)   charges for service are delinquent under Section +49-7; or +      (6)   the director discovers a non-potable contaminant or pollutant in +the fire protection system, where the fire protection system and the potable +private water system are not separated by a backflow protection device. +   (e)   Restoration of service. Upon discontinuance under Subsection (d)(3), +the director shall not restore the service until the customer remedies the +problem causing discontinuance, or makes application for the kind and size of +meter prescribed by the director for the particular system. The meter will be +installed at the customer’s expense. +   (f)   Availability of service. Availability of treated water will depend +upon water main sizes and normal operating pressures in the area where the +applicant’s property is located. The applicant must construct adequate storage +facilities on his premises or additional mains, pursuant to a private +development contract under Section +49-60(f), to meet the necessary fire flow demand in the event his demand causes +inadequate water pressure to other customers in the area for a sustained +period. +   (g)   Storage facilities. The construction and maintenance of water storage +facilities for fire protection purposes, as required by Subsection (f), are +subject to the following standards: +      (1)   A storage facility, including pumps installed by an applicant, must +discharge into the applicant’s fire protection system. The storage facility, +whether or not pumps are used, must not be of the pressure type unless the +applicant installs an approved backflow prevention device between the point +where the facility discharges into the fire protection system and the point of +its connection to the water system so as to prevent backflow into the water +system. +      (2)   A constructed storage facility must be maintained in accordance +with the applicable standards of the city and the State Department of Health. +Water in the storage facility must be maintained in a potable condition and +subject to periodic inspection by the director. +      (3)   Every storage facility must have an approved air gap, except for a +facility of the pressure type permitted in Subsection (g)(1). Quick acting +valves must not be used to control the supply line to the storage facility, if +such valves cause water hammer in the water system. +      (4)   A storage facility, if not of the pressure type permitted in +Subsection (g)(1), must be equipped with an overflow pipe at least eight inches +below the supply line from the water system. The overflow pipe must be +protected in order to prevent access of insects, birds or other animals. The +overflow pipe must be at least two inches in diameter larger than the supply +line from the water system. +      (5)   A storage facility must be provided with a drain pipe and valve for +easy discharge purposes. The drain pipe must not be connected to the wastewater +system. +   (h)   Nonconforming systems. Any person modifying, changing or adding to his +premises or his existing fire protection system must at that time come into +compliance with the requirements of this section, if his fire protection system +did not previously conform to the requirements of this section. (Ord. Nos. +19201; 19622; 20215) +SEC. 49-27.   FIRE HYDRANTS. +   (a)   Permission to use. Fire hydrants are used in extinguishing fires and +are to be opened only by authorized employees of the department and the city's +fire department, department of public works, and department of sanitation +services. Any other person who wishes to use a fire hydrant must seek written +permission from the director under the following conditions: +      (1)   A person requesting use of a fire hydrant must make written +application for a permit and must pay charges in accordance with Section +49-18.9. +      (2)   The permittee must: +         (A)   use a water meter furnished by the department; +         (B)   connect the meter directly to the fire hydrant and include in +the connection an approved reduced pressure zone backflow prevention device +provided by the department; +         (C)   make the meter readily available for reading by the department +each month it is used; and +         (D)   return the meter immediately after finishing use of the hydrant +or upon request of the director. +      (3)   If water is to be hauled from the hydrant, the permittee must +display a decal issued by the department on each vehicle used in hauling water +from the hydrant. +      (4)   A permittee authorized to open a fire hydrant must only use an +approved spanner wrench and must replace the caps on the outlets when not in +use. +   (b)   Improper use. Failure to abide by the conditions of Subsection (a) is +sufficient cause to prohibit further use of the fire hydrant and to refuse to +grant subsequent permits for use of a fire hydrant. A person commits an offense +if he knowingly: +      (1)   uses water from a fire hydrant without a permit from the director; +      (2)   violates Subsection (a)(2), (a)(3), or (a)(4) of this section or +any of the terms and conditions of a permit granted under this section. +   (c)   Exceptions. This section does not apply to: +      (1)   a city employee engaged in work in an official capacity; or +      (2)   a person using water from a fire hydrant without charge for +department construction work under Section +49-35. (Ord. Nos. 19201; 22026; 23694; 26479; 30239; 30654) +SEC. 49-28.   WATER STORAGE TANKS AND PUMPING EQUIPMENT. +   (a)   Tanks supplied by water system. A water storage tank supplied solely +by the water system must be satisfactorily built and covered to prevent the +entrance of contamination. Every storage tank supplied solely by the water +system must have an approved air gap and overflow pipe; except, that a tank of +the pressure type will be permitted if an approved backflow prevention device +is installed. The delivery of treated water must be controlled by a slow acting +automatic valve which does not cause water hammer in the water system. A +storage tank must be maintained in a manner satisfactory to the State +Department of Health and the director and is subject to periodic inspection by +the director. +   (b)   Tanks with other water sources. Where treated water service is used as +a primary or secondary supply to a roof or suction tank which is also supplied +by another source of water, the rules of Subsection (a) apply, except that a +storage tank under this subsection must not be of the pressure type, but must +have an approved air gap and overflow pipe; no backflow prevention devices will +be allowed. +   (c)   Water pumps. Pumps taking suction from the water system and serving +water storage tanks, plus other pumping equipment installed by a customer for +any other purpose except dewatering, may be installed and operated only upon +approval from the director as to size, delivery rate and valving arrangements. +(Ord. 19201) +SEC. 49-29.   BACKFLOW PREVENTION DEVICES. +   (a)   Authority to require. The director is authorized to: +      (1)   give notice and require a customer to install an approved backflow +prevention device at the customer’s own expense, where the director determines +that the device is necessary for protection of private plumbing on the premises +or the water system; +      (2)   give notice and require a customer to correct a defective backflow +prevention device at the customer’s own expense; +      (3)   refuse or discontinue service if a backflow prevention device is +not installed or corrected as provided in this section; and +      (4)   inspect backflow prevention devices and charge fees for the +inspection in accordance with Section +49-18.6(d). +   (b)   Maintenance responsibility. The customer is responsible for general +maintenance and upkeep of an approved backflow prevention device. The city and +the director are not responsible for damage done during inspection that is a +result of corrosion or improper maintenance of a backflow prevention device. +(Ord. 19201) +SEC. 49-30.   PRIVATE WATER MAINS OR SYSTEMS. +   (a)   Mains are property of city. Water and wastewater mains, pipes and +appurtenances laid in streets, alleys or other public rights-of-way within the +city immediately become property of the city upon their acceptance, except for +mains, pipes and appurtenances laid within the city by a governmental entity +pursuant to a license granted by the city. Water and wastewater mains, pipes +and appurtenances laid within the city and connected to the water or wastewater +systems must be constructed under department supervision and in accordance with +plans and specifications approved by the director. +   (b)   Nonconforming mains. The director may refuse application for service +to premises inside or outside of the city if, upon examination, the mains, +private water lines or laterals, valves, appurtenances, fire hydrants or other +equipment serving the premises are of such quality, size or installation as +will not comply with the general standards and specifications of the +department. +   (c)   Substandard laterals or water lines. The director may require the +customer, as a precondition of continued service, to replace or repair private +plumbing found to be in a substandard condition according to the Dallas +Plumbing Code, if the substandard plumbing may cause: +      (1)   a hazard to public health; +      (2)   damage or contamination to the water or wastewater systems; +      (3)   a substantial waste of water; or +      (4)   introduction of extraneous water into the wastewater system. (Ord. +Nos. 19201; 20653) +SEC. 49-31.   VENDING WATER. +   (a)   Permit required. A person commits an offense if he sells treated water +inside the city, from a source of supply inside or outside the city, without a +permit from the director granted subject to the conditions of Subsection (b). +   (b)   Conditions of permit. No person may sell treated water inside the city +from any source of supply without a permit from the director subject to the +following conditions: +      (1)   The application for permit must be reviewed and approved by the +city environmental health officer prior to its issuance. +      (2)   The production, processing, treatment and distribution of the water +is at all times under the supervision of the department or another competent +water works operator holding a valid certificate of competency issued by the +State Department of Health. +      (3)   The permittee must abide by the applicable state laws and the +rules, regulations and other conditions set forth by the State Department of +Health, the director and the city environmental health officer regarding the +sale of drinking water. +   (c)   Exceptions. This section does not apply to the retail sale of +commercially bottled water by a grocery store, drug store, restaurant or other +similar business establishment. +   (d)   Enforcement authority. The director is authorized to promulgate +additional regulations, not in conflict with state laws, rules and regulations +or other applicable provisions of this code, to aid implementation of this +section. (Ord. 19201) +SEC. 49-32.   WASTEWATER INDEMNITY AGREEMENTS. +   (a)   Grounds for denial of wastewater service. Wastewater service to +premises inside or outside the city must be denied if: +      (1)   the premises are subject to frequent, severe flooding; +      (2)   the wastewater main serving the premises surcharges or overflows +due to infiltration of ground water from the premises; or +      (3)   the premises are subject to being flooded by a surcharged +wastewater main due to the elevation of the premises in relation to the actual +or proposed wastewater main. +   (b)   Indemnity agreement. Notwithstanding Subsection (a), the director may +provide wastewater service where these conditions exist if the owner agrees in +writing to defend and indemnify the city and save it whole and harmless against +all damages, costs and expenses caused by the surcharging, backflow or overflow +of the wastewater main serving the premises. +   (c)   Effect of agreement. The indemnity agreement, when executed by the +owner, constitutes a covenant running with the land binding upon the owner, his +heirs, successors and assigns. The agreement must be approved as to form by the +city attorney and must be filed in the deed records of the county in which the +premises is located. (Ord. 19201) +SEC. 49-33.   EXPOSING METERS OR HYDRANTS TO DAMAGE; NOTICE OF WORK AFFECTING +SYSTEMS; MOVING METERS OR HYDRANTS. +   (a)   Exposure to damage. A person shall not build a driveway, sidewalk or +other improvement that: +      (1)   exposes a meter, fire hydrant, air valve, tap, pressure recording +instrument, cleanout or other appurtenance to damage from vehicular traffic; or +      (2)   causes obstruction of access to a meter, fire hydrant, air valve, +tap, pressure recording instrument, cleanout or other appurtenance for +operation, repair, inspection or maintenance purposes. +   (b)   Notice of work affecting systems. A person who does work of any nature +on a street, alley or sidewalk within the city must notify the director at +least 10 days in advance of the removal, raising or lowering of any part of the +water or wastewater system that may interfere with the work. Where the director +is not notified, damage to any part of the systems resulting from the work will +be charged against the person or that person’s agents or contractors performing +the work. +   (c)   Request to move appurtenance. The owner or occupant of premises +adversely affected by the location of a meter, fire hydrant, air valve, tap, +pressure recording instrument or other appurtenance may make written +application to the director to have the device moved, under the following +conditions: +      (1)   The director may approve the application if he determines that the +move will not interfere with normal department operations and will not cause +damage to the water or wastewater system. The decision of the director in such +matters is final. +      (2)   Upon approval of the application, the director will furnish the +applicant an estimate of costs to move the device. The applicant shall bear all +estimated moving costs. +      (3)   Upon deposit of the estimated costs by the applicant, the +department will make the agreed-to change in location. (Ord. Nos. 19201; 20653) +SEC. 49-34.   COMMUNICATING ELECTRICITY TO PIPES. +   (a)   A person commits an offense if he makes, causes or permits: +      (1)   a direct or indirect metallic connection, through which electric +current can be transmitted, with a part of the water or wastewater system, or +to private pipes, laterals or other private facilities which are connected to +either system; or +      (2)   the transmission of electric current through a part of the water or +wastewater system, or through a metal conductor of electricity that is bonded +or joined to either system. (Ord. 19201) +SEC. 49-35.   WATER USED FOR CONSTRUCTION WORK. +   (a)   When water is free. The director may furnish water free of charge to: +      (1)   a contractor or other person performing construction work for the +department; or +      (2)   a licensed plumber performing a pressure test of a private plumbing +system, which test has been authorized in advance by the director. +   (b)   Other construction work. For any construction work other than that +described in Subsection (a), the charge for water used will be in accordance +with the general service rates specified in Section +49-18.1(c)(2) and will be charged against the person using the water. +   (c)   Conditions when charged. If water to be used for construction is +subject to charge, the water must not be turned on until all applicable pre-use +charges are paid. Water service may be discontinued, or application refused, in +the same manner as provided under Sections +49-3 or +49-7. (Ord. Nos. 19201; 21430; 26961) +SEC. 49-36.   RESERVED. +   (Repealed by Ord. 20653) +SEC. 49-37.   TAMPERING WITH OR DAMAGING SYSTEMS; UNLAWFUL USE OF WATER; PRIMA +FACIE EVIDENCE. +   (a)   Tampering with or damaging system. A person commits an offense if, +without the written permission of the city manager or the director, he +knowingly: +      (1)   damages or destroys part of the water or wastewater system; +      (2)   tampers with part of the water or wastewater system; or +      (3)   damages, destroys or tampers with a fire hydrant within the city. +   (b)   Certain conditions creating prima facie evidence of tampering. For +purposes of this section, it is prima facie evidence that a person has tampered +under Subsections (a)(2) or (a)(3) if the person is a customer, owner or person +in control of the premises and: +      (1)   water is prevented from passing through a meter used or furnished +by the department to supply water to the premises; +      (2)   a meter used or furnished by the department is prevented from +correctly registering the quantity of water supplied to the premises; +      (3)   water is diverted or bypassed by the use of a device, from or +around a pipe, main, meter, hydrant or other connection of the department; +      (4)   a meter or service connection of the department used for service to +premises is removed; or +      (5)   wastewater is prevented or diverted from flowing from premises into +the wastewater system. +   (c)   Prima facie evidence of knowledge. The existence on premises of a +device used for any of the unlawful purposes stated in this section shall +constitute prima facie evidence of knowledge of the unlawful purpose on the +part of the customer, owner or person in control of the premises. (Ord. 19201) +SEC. 49-38.   RIGHTS AS TO CERTAIN FACILITIES OUTSIDE OF THE CITY; RIGHTS UPON +ANNEXATION. +   (a)   Agreements as to facilities. The director may negotiate agreements +with governmental entities defining ownership and maintenance responsibilities +of facilities used or installed for service outside the city. +   (b)   Assumption of service. Where a governmental entity agrees to assume +primary service responsibility over an area previously served by the city, +because of annexation or other reasons, facilities installed will, upon agreed +payment, become the property of the governmental entity, except for: +      (1)   a meter or other appurtenance belonging to and installed by the +city to connect service; or +      (2)   a facility designated by agreement to be the property of the city. +   (c)   City’s rights upon annexation. The following rules apply regarding +mains, appurtenances and other facilities located within property annexed by +the city: +      (1)   Facilities within annexed property immediately become property of +the city. +      (2)   The city will assume those benefits and obligations required to be +assumed under state law, but otherwise must take the facilities free from all +liens or encumbrances. +      (3)   The city may enforce its right to possession of annexed facilities +by an action filed in a state court of competent jurisdiction. +   (d)   Private facilities. Private laterals or building water lines connected +to facilities affected under this section remain, to the extent they are not +located within public property, the property of the person owning the premises +within which the laterals or water lines are located. (Ord. 19201) +SEC. 49-39.   RIGHT TO CONSTRUCT MAINS OUTSIDE THE CITY. +   (a)   Authority to negotiate. The director is authorized to negotiate +agreements, to be approved by the city council, with another governmental +entity to use the streets, alleys and other public rights-of-way of that +governmental entity in order to lay mains, pipes, meters or other facilities of +the water or wastewater systems for service inside or outside the city. +   (b)   Form of agreement. The agreement may take the form of a license, +easement or deed. Notwithstanding the form, ownership of the facilities laid +must remain with the city, and right-of-way adequate to protect the city’s +interest in its facilities must be secured. +   (c)   Rights to connect and maintain. The city reserves the right to +maintain its facilities and must have free access for those purposes. The city +also reserves the right to make any connections or extensions it desires for +public purposes inside or outside the city. (Ord. 19201) +SEC. 49-40.   SERVICE OUTSIDE THE CITY. +   (a)   Authority to regulate wholesale service. The director is authorized to +promulgate policies and regulations, not in conflict with this chapter or other +laws, regarding the service of new and existing wholesale service customers +outside of the city. +   (b)   Reciprocal service agreements. The director is authorized to negotiate +reciprocal service agreements with other governmental entities covering retail +service to limited areas outside of the city, at rates and under such terms and +conditions as the parties agree upon, subject to the approval of the city +council. +   (c)   Existing service outside the city. The director is authorized to +continue retail service to those areas outside of the city for which the city +has previously assumed the obligation to serve pursuant to written agreement +authorized under city charter, city ordinances or state law. The director is +not required to serve new retail customers outside the city, but the director +may serve such customers if he determines that service is within the reasonable +service area and capability of the city, subject to the following additional +rules: +      (1)   The applicant shall sign a service contract, on a form prescribed +by the director and approved by the city attorney, agreeing to: +         (A)   build facilities at his cost; +         (B)   abide by the terms of this chapter; and +         (C)   fully indemnify the city against all damages of any character +that may arise out of the construction, operation or maintenance of facilities +used to connect to the water or wastewater system. +      (2)   The applicant shall provide for the laying of all facilities and +appurtenances necessary to reach a connection point designated by the director, +and the facilities must be built in strict accordance with the requirements and +specifications of the department. +      (3)   The meter at the designated connection point must be located +inside, or as near as practicable to, the city limits. The meter must be +operated and maintained by the city. +      (4)   The director may revoke permission to serve at any time if he +determines that the terms and provisions of this chapter, or any additional +conditions of service, are being violated. +      (5)   The director may promulgate reasonable rules, not in conflict with +this chapter or other laws, as additional conditions of providing retail +service outside of the city and in aid of administration of this subsection. +   (d)   Applicability of chapter. Except in the case of a reciprocal service +agreement, a retail customer outside the city will be subject to the same +applicable provisions of this chapter as is a customer inside the city, which +provisions must be made a part of any agreement entered into for the service. +(Ord. 19201) +ARTICLE IV. +WATER QUALITY. +SEC. 49-41.   PURPOSE AND POLICY. +   (a)   In general. This article sets forth uniform requirements for users of +the wastewater system, to enable the city of Dallas to comply with all +applicable state and federal laws, including the Federal Water Pollution +Control Act, as amended by the Clean Water Act, as amended (33 USC §§1251 et +seq.), and the general pretreatment regulations (Title 40, Code of Federal +Regulations, Part 403). The objectives of this article are: +      (1)   to prevent the introduction of pollutants into the wastewater +system that will interfere with its operation; +      (2)   to prevent the introduction of pollutants into the wastewater +system that will pass, inadequately treated, through the wastewater system and +into receiving waters, or that will otherwise be incompatible with the +wastewater system; +      (3)   to protect the health and safety of both the wastewater system’s +personnel and the general public; +      (4)   to promote the reuse and recycling of industrial wastewater and +sludge within the wastewater system; +      (5)   to provide for wastewater contracts between the city and other +municipalities or extra- jurisdictional users who discharge to the wastewater +system; and +      (6)   to enable the city to comply with its Texas Pollutant Discharge +Elimination System permit conditions, sludge use and disposal requirements, and +any other federal or state laws to which the wastewater system is subject. +   (b)   Incorporation of EPA or TCEQ standards. All categorical pretreatment +standards, sewage pretreatment rules, lists of toxic pollutants, industrial +categories, and other applicable regulations promulgated by the EPA or TCEQ, +including all future amendments of those standards, rules, and regulations, are +incorporated into this article. (Ord. 28084) +SEC. 49-42.   ENFORCEMENT. +   (a)   Authority to enforce. The director and the city environmental health +officer shall have the power to enforce the provisions of this article, +including the right to make inspections and take enforcement action against +violators. For purposes of this article, state law, and federal law, the +wastewater system is a publicly-owned treatment works. +   (b)   Enforcement response plan. +      (1)   For the purpose of promoting consistency of enforcement throughout +the city’s jurisdiction and service area, the director shall promulgate and +enforce an enforcement response plan. +      (2)   The plan must contain detailed procedures indicating how the city +will investigate and respond to instances of industrial user noncompliance. The +plan, at a minimum, must: +         (A)   describe how the city will investigate instances of +noncompliance; +         (B)   describe the types of escalating enforcement responses the city +will take in response to all anticipated types of industrial user violations +and the time periods within which responses will take place; +         (C)   identify, by title, the official or officials responsible for +each type of response; and +         (D)   adequately reflect the city’s primary responsibility to enforce +all applicable pretreatment requirements and standards, as detailed in Title +40, Code of Federal Regulations, Sections 403.8 (f)(1) and (f)(2), as amended, +and Sections +49-43 and +49-50 of this article. +   (c)   Administrative search warrants. The municipal court shall have the +power to issue to the director or city environmental health officer +administrative search warrants, or other process allowed by law, where +necessary to aid in enforcing this article. +   (d)   Penalties. A person who violates any provision of this article or any +term or condition of an industrial waste discharge permit granted pursuant to +this article is guilty of a separate offense for each day or portion of a day +during which the violation is continued. Each offense is punishable by a fine +of not less than $1,000 or more than $2,000. +   (e)   Criminal responsibility. A person is criminally responsible for a +violation of this article if the person knowingly, recklessly, intentionally, +or with criminal negligence: +      (1)   commits or assists in the commission of a violation, or causes or +permits another person to commit a violation; or +      (2)   owns or manages the property or facilities determined to be the +cause of the illegal discharge under Section +49-43, +49-44, +49-46, +49-55.6, or +49-55.7. +   (f)   Civil actions. This article or the terms and conditions of a discharge +permit granted pursuant to this article may be enforced by civil court action +as provided by state or federal law. (Ord. Nos. 19201; 19682; 21409; 26925; +28084) +SEC. 49-43.   CERTAIN WASTES PROHIBITED IN THE WASTEWATER SYSTEM. +   (a)   General prohibitions. A person shall not discharge into the wastewater +system, or cause or permit to be discharged into the wastewater system, any +pollutant that causes a pass through or interference. +   (b)   Specific prohibitions. A person shall not discharge, or cause or +permit to be discharged, any of the following pollutants into the wastewater +system: +      (1)   Inflows or infiltration, as illustrated by, but not limited to, +storm water, ground water, roof run-off, subsurface drainage, a downspout, a +yard drain, a yard fountain or pond, or lawn spray. +      (2)   Wastewater or industrial waste generated or produced outside the +city, unless approval in writing from the director has been given to the person +discharging the waste. +      (3)   A liquid or vapor having a temperature higher than 150 degrees +Fahrenheit (65 degrees Centigrade). +      (4)   Gasoline, kerosene, naphtha, fuel oil, vapors, or any other +pollutant that creates a fire or explosion hazard in the wastewater system, +including but not limited to industrial waste with a closed cup flashpoint of +less than 140 degrees Fahrenheit (60 degrees Centigrade). +      (5)   A pollutant that will cause corrosive structural damage to the +wastewater system, unless the portion of the wastewater system directly or +indirectly receiving the discharge is specifically designed to accommodate the +corrosive discharge. +      (6)   Used motor oil. +      (7)   A solid or viscous pollutant in amounts that will cause obstruction +to the flow in the wastewater system, resulting in interference. +      (8)   Heat in quantities that will cause the temperature to exceed 104 +degrees Fahrenheit (40 degrees Celsius) at any point in the wastewater system +or will otherwise inhibit biological activity in the wastewater system, unless +the director expressly approves alternate temperature limits in the +discharger’s industrial waste discharge permit. +      (9)   Solid or liquid substances in quantities capable of causing +obstruction to the flow in wastewater mains or other interference with the +proper operation of the wastewater system as illustrated by, but not limited +to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, +tar, plastics, wood, whole blood, paunch manure, hair and fleshings, entrails, +lime slurry, lime residues, slops, chemical residues, and paint residues or +bulk solids, except when such items as lime slurry or lime residues are used in +the treatment of combined storm and wastewater during storm runoff. +      (10)   A pollutant capable of forming a toxic gas, vapor, or fume in a +quantity that may cause, either by itself or by interaction with other waste, +hazard to life or acute employee health or safety problems. +      (11)   Garbage that is not properly shredded as defined in Section +49-1(81). +      (12)   Except where the director has determined that different limits +under an industrial waste discharge permit are appropriate, wastewater +exceeding 200 mg/L of oils, fats, and grease (measured as total oil and +grease). +      (13)   A substance having a pH value lower than 5.5 or higher than 10.5. +      (14)   Radioactive materials in a manner that will permit a transient +concentration higher than 100 microcuries per liter. +      (15)   Unusual taste or odor producing substances, unless pretreated to a +concentration acceptable to the director so that the material does not: +         (A)   cause damage to collection facilities; +         (B)   impair the city’s treatment processes; +         (C)   incur treatment costs exceeding those of normal wastewater; +         (D)   render the water unfit for stream disposal or industrial use; or +         (E)   create a public nuisance. +      (16)   A discharge of water, normal domestic wastewater, or industrial +waste that in quantity of flow exceeds, for a duration of longer than 15 +minutes, more than four times the average 24-hour flow during normal operation. +      (17)   Without the approval of the director, a substance or pollutant +other than industrial waste, normal domestic wastewater, septic tank waste, or +chemical toilet waste that is of a toxic or hazardous nature, regardless of +whether or not it is amenable to treatment, including but not limited to bulk +or packaged chemical products. +      (18)   Except at discharge points authorized by this chapter, or by +regulations promulgated by the director that are not in conflict with this +chapter or other laws, wastewater or a pollutant that is trucked or hauled. +      (19)   Any other pollutant, substance, or material not amenable to +treatment, or of a concentration or quantity sufficient to harm the wastewater +system, as determined by the director. +   (c)   Local limits. The following local pollutant limits are established to +protect against pass through and interference. The limits apply at the point +where the wastewater is discharged to the wastewater system. The director may +impose mass limitations in addition to, or in place of, the concentration-based +limitations. All concentrations for metallic substances are for total metal +unless indicated otherwise. No person may discharge wastewater containing +pollutants in the form of compounds or elements with total concentrations +exceeding the following uniform concentration and contributory flow limits: +      (1)   Uniform concentration limits for all wastewater except for +wastewater discharged to the Trinity River Authority Central Regional +Wastewater Treatment Plant. + Central Wastewater Treatment Plant Southside Wastewater Treatment +Pollutant Maximum Allowable Discharge Limit, Plant Maximum Allowable Discharge + mg/L Limit, mg/L + Central Wastewater Treatment Plant Southside Wastewater Treatment +Pollutant Maximum Allowable Discharge Limit, Plant Maximum Allowable Discharge + mg/L Limit, mg/L +Arsenic 0.07 0.50 +Cadmium 0.34 1.00 +Chromium 3.62 5.00 +Copper 4.00 4.00 +Cyanide 0.71 1.60 +Lead 1.60 1.60 +Mercury 0.0006 0.01 +Nickel N/A 5.58 +Selenium 0.20 0.20 +Silver 0.36 3.04 +Sulfide 10.00 10.00 +Zinc 3.06 5.00 +  +      (2)   Uniform concentration limits for wastewater discharged to the +Trinity River Authority Central Regional Wastewater Treatment Plant. +Pollutant TRA Central Wastewater Treatment Plant Maximum Allowable Discharge + Limit, mg/L +Pollutant TRA Central Wastewater Treatment Plant Maximum Allowable + Discharge Limit, mg/L +Arsenic 0.20 +Cadmium 0.10 +Chromium 2.90 +Copper 2.30 +Cyanide 0.50 +Lead 0.90 +Mercury 0.0004 +Molybdenum 0.80 +Nickel 4.60 +Selenium 0.10 +Silver 0.80 +TTO 2.13 +Sulfide NA +Zinc 8.00 +Oil and grease 200.00 +pH 5.5 to 11.0 Standard Units +  +      (3)   Contributory flow limits at the Central Wastewater Treatment Plant. +         (A)   For contributing industrial users, the contributory flow +pollutant limitation for nickel is 3.14 mg/L. +         (B)   For non-contributing industrial users, the contributory flow +pollutant limitation for nickel is 0.0028 mg/L. +         (C)   For purposes of this paragraph, a contributing industrial user +is an industrial user found by the city to discharge nickel above the +industrial contributory screening limits at the Central Wastewater Treatment +Plant. +   (d)   Defenses. It is a defense to prosecution under Subsection (a) of this +section and to a civil court action enforcing Subsection (a) of this section if +a person can demonstrate that: +      (1)   a specific numeric local discharge limit to prevent pass through or +interference exists under this section for each pollutant in the person’s +wastewater discharge that caused pass through or interference and the person’s +wastewater discharge was in compliance with the applicable specific local +discharge limit for each pollutant directly prior to and during the pass +through or interference; or +      (2)   if a specific numeric local discharge limit does not exist under +this section for the pollutant in question, the person’s wastewater discharge +did not change substantially in nature or in constituent parts from the +person’s prior wastewater discharges when the city was regularly in compliance +with its Texas Pollutant Discharge Elimination System permit and, in the case +of interference, with applicable federal requirements for wastewater sludge use +or disposal. +   (e)   Enforcement actions. If a person discharges a substance into the +wastewater system in violation of this section, fails to comply with the +reporting requirements of this article, or falsifies or improperly alters +pretreatment records required under Section +49-51, the director may take any of the following actions: +      (1)   Suspend discharge. After informal notice, immediately suspend or +halt an industrial user’s discharge. +      (2)   Terminate service. Terminate water and wastewater service to the +premises from which the substance was discharged. +      (3)   Suspend or revoke permit. If the person was discharging wastewater +pursuant to an industrial waste discharge permit issued under Section +49-46, revoke or suspend the permit. +      (4)   Require pretreatment. By administrative order, where applicable, or +by other authorized means, require pretreatment or control of the quantities +and rates of discharge of wastewater to bring the discharge within the limits +established by this section. +      (5)   Criminal or civil enforcement. +         (A)   Request a court of competent jurisdiction to assess a civil fine +against the industrial user in an amount of not less than $1,000. The fine will +be assessed on a per-violation, per-day basis. In the case of monthly or other +long-term average discharge limit violations, the fine will be assessed for +each day during the period of violation. In addition, the city may seek to +recover the remediation and clean-up costs from the industrial user, and the +costs of preparing and bringing the enforcement action. In determining the +amount of the fine, the court may consider the following: +            (i)   The extent of the harm caused by the violation. +            (ii)   The magnitude and duration of the violation. +            (iii)   Any economic benefit gained by the industrial user as a +result of the violation. +            (iv)   The timing and nature of any corrective actions taken by the +industrial user. +            (v)   The compliance history of the industrial user. +            (vi)   The provisions of the enforcement response plan. +            (vii)   Any other information deemed relevant by the court. +         (B)   Bring a criminal or any other civil enforcement action as +authorized in Section +49-42. +   (f)   Administrative authority of director. The director has the authority +to do any of the following to ensure compliance with this chapter: +      (1)   Notice of violation. The director may serve a written notice of +violation. This does not prevent the director from taking any action, including +an emergency action or any other enforcement action, without first issuing a +notice of violation. +      (2)   Consent or administrative orders. The director may enter into +consent orders, assurances of compliance, or other similar documents +establishing an agreement with an industrial user responsible for +noncompliance. The agreement must include specific action to be taken by the +industrial user to correct the noncompliance within a time period specified in +the agreement. The agreement has the same force and effect as the +administrative orders issued pursuant to Section +49-43(e)(4) and is judicially enforceable. +      (3)   Show cause hearing. The director may order an industrial user that +has violated, or continues to violate, any provision of this chapter, an +individual wastewater discharge permit, or any other pretreatment standard or +requirement, to appear before the director and show cause why the proposed +enforcement action should not be taken. Notice must be served on the industrial +user specifying the time and place for the meeting, the proposed enforcement +action, the reasons for such action, and a request that the industrial user +show cause why the proposed enforcement action should not be taken. A show +cause hearing is not a bar against, or prerequisite for, taking any other +action against the industrial user. +      (4)   Compliance orders. When the director finds that an industrial user +has violated, or continues to violate, any provision of this chapter or any +other pretreatment standard or requirement, the director may issue an order to +the industrial user responsible for the discharge directing that the industrial +user come into compliance within a specified time. If the industrial user does +not come into compliance within the time provided, wastewater service may be +discontinued unless adequate treatment facilities, devices, or other related +appurtenances are installed and properly operated. Issuance of a compliance +order is not a bar against, or a prerequisite for, taking any other action +against the industrial user. +      (5)   Cease and desist orders. When the director finds that an industrial +user has violated, or continues to violate, any provision of this chapter or +any other pretreatment standard or requirement, or that the industrial user’s +past violations are likely to recur, the director may issue an order to the +industrial user directing it to cease and desist all such violations and +directing the industrial user to: +         (A)   immediately comply with all requirements; and +         (B)   take such appropriate remedial or preventive action as may be +needed to properly address a continuing or threatened violation, including +halting operations and terminating the discharge. Issuance of a cease and +desist order is not a bar against, or a prerequisite for, taking any other +action against the industrial user. +      (6)   Injunctive relief. When the director finds that an industrial user +has violated, or continues to violate, any provision of this chapter, or any +other pretreatment standard or requirement, the director may petition a court +of competent jurisdiction through the city attorney for the issuance of a +temporary or permanent injunction, as appropriate, which restrains or compels +the specific performance of the individual wastewater discharge permit or other +requirement imposed by this chapter on the activities of the industrial user. +The director may also seek any other relief, including environmental +remediation. A petition for injunctive relief is not a bar against, or a +prerequisite for, taking any other action against an industrial user. +   (g)   No waiver of other enforcement; remedies nonexclusive. +      (1)   Action taken by the director under Subsection (e) or (f) does not +prevent the use of other enforcement methods available to the city. +      (2)   The remedies provided for in Subsections (e) and (f) are not +exclusive. The director may take any combination of these actions against an +industrial user. +   (h)   Applicability of more stringent pretreatment standards. +      (1)   National pretreatment standards. If the EPA adopts national +pretreatment standards, categorical or otherwise, that are more stringent than +the discharge limits prescribed in Subsections (a), (b), and (c) of this +section, the more stringent national pretreatment standards will apply. A +violation of the more stringent national pretreatment standards will be +considered a violation of this article. +      (2)   Combined wastestream formula. When wastewaters subject to a +categorical pretreatment standard (regulated, unregulated, and diluted +wastestreams) are mixed prior to effluent sampling, the director shall impose +an alternative limit in accordance with Title 40, Code of Federal Regulations, +Section 403.6, as amended. +   (i)   Applicability of more stringent instantaneous discharge limits. An +industrial user within the city who discharges industrial waste ultimately +received and treated by a publicly-owned treatment works owned by a +governmental entity pursuant to a wholesale wastewater contract or a reciprocal +agreement with the city is subject to the following additional rules: +      (1)   If the governmental entity has more stringent instantaneous maximum +allowable discharge limits than those prescribed by this section, or by a +discharge permit issued under Section +49-46, because the EPA or the TCEQ requires the more stringent instantaneous +maximum allowable discharge limits as a part of the governmental entity’s +wastewater pretreatment program, the more stringent discharge limits will +prevail. The director shall furnish to all industrial users affected by this +subsection a copy of the more stringent discharge limits in effect under the +contract. If a permit is issued to an industrial user under this subsection, a +copy of the more stringent discharge limits must be included with the permit. +      (2)   The director shall issue a discharge permit in accordance with +Section +49-46 to an industrial user affected by Paragraph (1) of this subsection, to +ensure notice of and compliance with the more stringent instantaneous maximum +allowable discharge limits. If the industrial user already has a discharge +permit, the director shall amend the permit to apply and enforce the more +stringent instantaneous maximum allowable discharge limits. An industrial user +permitted under this subsection shall submit to the director an expected +compliance date and an installation schedule if the more stringent +instantaneous maximum allowable discharge limits necessitate technological or +mechanical adjustments to discharge facilities or plant processes. +      (3)   If the director receives notice from the governmental entity of a +change to the instantaneous maximum allowable discharge limits or to other +applicable requirements, the director shall notify the affected industrial user +in writing of the change and of the effective date of the change, amend the +permit to apply and enforce the change, and furnish a copy of the change with +the amended permit. If the change results in more stringent instantaneous +maximum allowable discharge limits or other applicable requirements, an +industrial user shall be given a reasonable opportunity to comply with the more +stringent limits or requirements. +      (4)   The more stringent instantaneous maximum allowable discharge limits +cease to apply upon termination of the city’s wholesale wastewater contract or +reciprocal agreement with the governmental entity, or upon modification or +elimination of the limits by the governmental entity, the EPA, or the TCEQ. The +director shall take the appropriate action to notify the affected industrial +user of an occurrence under this paragraph. +   (j)   Variances in compliance dates. The director may grant a variance in +compliance dates to an industrial user when, in the director’s opinion, such +action is necessary to achieve pretreatment or corrective measures. In no case +may the director grant a variance in compliance dates to an industrial user +affected by national categorical pretreatment standards beyond the compliance +dates established by the EPA. +   (k)   Authority to regulate. The director may establish regulations, not in +conflict with this chapter or other laws, to control the disposal and discharge +of industrial waste into the wastewater system and to ensure compliance of the +city’s pretreatment enforcement program with all applicable pretreatment +regulations promulgated by the EPA. The regulations established must, where +applicable, be made a part of any discharge permit issued to an industrial user +by the director under Section +49-46. (Ord. Nos. 19201; 19622; 20215; 21409; 21862; 25214; 25256; 26925; +28084) +SEC. 49-44.   WASTE DISPOSAL THROUGH VEHICLES, GREASE TRAPS/INTERCEPTORS, OR +OTHER MEANS. +   (a)   Illegal waste disposal. A person commits an offense if: +      (1)   from a vehicle, portable tank, or other container used for +transporting water, normal domestic wastewater, or industrial waste, the person +discharges or causes the discharge of water, normal domestic wastewater, or +industrial waste into the wastewater system or a private sewer facility +directly or indirectly connected to the wastewater system; +      (2)   by any means, the person discharges or causes the discharge of +water, normal domestic wastewater, or industrial waste into a part of the +wastewater system generally used for maintenance or monitoring, including but +not limited to manholes, cleanouts, or sampling chambers; or +      (3)   by means of a mechanical device or extraneous water, the person +forces normal domestic wastewater or industrial waste collected in a grease +trap/interceptor, sand trap/interceptor, or other waste collection device into +the wastewater system or a private sewer facility directly or indirectly +connected to the wastewater system. +   (b)   Defense. It is a defense to prosecution under Subsection (a) if the +discharge of water, normal domestic wastewater, or industrial waste into the +wastewater system, or into a private sewer facility directly or indirectly +connected to the wastewater system, is from a motor vehicle: +      (1)   that is specially designed and adapted to treat water, normal +domestic wastewater, or industrial waste to concentrations meeting the +requirements of this article prior to discharge into the wastewater system; and +      (2)   the operator of which has written permission from the director to +operate the vehicle within the city. (Ord. Nos. 19201; 26925; 28084) +SEC. 49-45.   RIGHT OF ENTRY OF FEDERAL, STATE, AND CITY EMPLOYEES. +   The following officials, bearing proper credentials and identification, +shall be permitted to gain access to properties as may be necessary for the +purpose of inspection, observation, measurement, sampling, and testing in +accordance with the provisions of this article: +      (1)   Authorized representatives of the EPA and TCEQ. +      (2)   The director, the city environmental health officer, and other duly +authorized employees of the city. (Ord. Nos. 19201; 26925; 28084) +SEC. 49-46.   PERMITS REQUIRED FOR DISCHARGE OF INDUSTRIAL WASTE; APPLICATIONS; +EXEMPTIONS.  +   (a)   Permit required. A significant industrial user commits an offense if +he discharges, or allows the discharge of, industrial waste into the wastewater +system without obtaining and maintaining a valid significant industrial user +permit from the director. +   (b)   Application procedures. +      (1)   Application for a permit required under Subsection (a) must be made +to the director upon a form provided for the purpose. +      (2)   The application must contain: +         (A)   a description of the activities, structures, equipment, and +plant processes on the premises, including a list of all raw materials and +chemicals used or stored at the facility that are, or could be, discharged into +the wastewater system; +         (B)   the site plans, floor plans, and mechanical and plumbing plans +of the facility with sufficient detail to show all sewers, floor drains, and +appurtenances by size, location, and elevation, and all points of discharge; +         (C)   the number and type of employees and proposed or actual hours of +operation of the facility; +         (D)   a list of each product produced by type, the amount of the +product produced, the process or processes used to produce the product, and the +rate of production; +         (E)   the type and amount of raw materials processed (average and +maximum per day); +         (F)   the time and duration of discharges; +         (G)   a certification statement complying with the requirements of +Section +49-51(m) and signed by a designated authorized representative of the applicant; +         (H)   self-monitoring, sampling, reporting, notification, and record- +keeping requirements, including an identification of the pollutants to be +monitored, sampling location and frequency, and sample type, based on the +applicable general pretreatment standards, categorical pretreatment standards, +local limits, and the regulations of state law and this chapter; +         (I)   best management practices if required by the pretreatment +standards; and +         (J)   any other information deemed necessary by the director to +evaluate the wastewater discharge permit application. +      (3)   The director may establish further regulations and procedures not +in conflict with this chapter or other laws regarding the granting and +enforcement of permits, including but not limited to administrative orders +issued for the purpose of bringing a violator back into compliance with a +permit. +   (c)   Terms and conditions of permit, in general. The director shall +prescribe such terms and conditions of the permit as are required and +authorized by the EPA and TCEQ, as necessary to ensure full compliance with +this article and all national pretreatment standards and regulations. In +addition, the permit must incorporate all applicable national pretreatment +standards and all other pretreatment regulations promulgated by the EPA and +TCEQ applicable to significant industrial users. A person commits an offense if +the person violates or allows a violation of any term or condition of a permit +issued under this section. The director may enforce the terms and conditions of +the permit as authorized under this chapter. +   (d)   Limitation on permit term. The term of a permit may never be longer +than five years. +   (e)   Permit renewal. An industrial user wishing to renew a permit must file +a complete application with the director at least 60 days prior to the +expiration of the industrial user’s existing permit. Failure to submit a +complete application with the director at least 60 days prior to expiration of +the existing permit may subject the industrial user to enforcement actions. +   (f)   Issuance of permits. The director shall issue a permit under +Subsection (a) if: +      (1)   the director determines that pretreatment facilities are adequate +for efficient treatment of discharged waste and comply with the waste +concentration level requirement of Section +49-43 or with national pretreatment standards, whichever is applicable; +      (2)   the applicant has submitted: +         (A)   an expected compliance date; +         (B)   an installation schedule of approved pretreatment devices; and +         (C)   a self-monitoring program prepared in accordance with all +applicable federal pretreatment regulations promulgated by the EPA; or +      (3)   the applicant is not discharging wastewater in violation of Section +49-43. +   (g)   Nontransferability. A permit granted under this section is not +transferable or assignable. +   (h)   Changes in authorized representative designation. If the designation +of an authorized representative is no longer accurate because a different +individual or position has responsibility for the overall operation of the +facility or overall responsibility for environmental matters for the company, a +new written authorization satisfying the requirements of this section must be +submitted to the director prior to, or together with, any reports to be signed +by an authorized representative. +   (i)   Defense to enforcement actions. It is a defense to prosecution or to +civil court action brought under this article for a violation of pretreatment +standards that the person held a valid permit issued under this section and the +person discharged industrial waste in violation of national categorical +pretreatment standards as the result of any of the following: +      (1)   Any act of God, war, strike, riot, or other catastrophe. +         (A)   The act of God defense constitutes a statutory affirmative +defense contained in Section 7.251 of the Texas Water Code in an action brought +in municipal or state court. If a person can establish that an event that would +otherwise be a violation of this article, or a permit issued pursuant to this +article, was caused solely by an act of God, war, strike, riot, or other +catastrophe, the event is not a violation of this article or the permit. +         (B)   An industrial user who wishes to establish the act of God +affirmative defense must: +            (i)   demonstrate through relevant evidence that the sole cause of +the violation was an act of God, war, strike, riot, or other catastrophe; and +            (ii)   submit the following information to the city within 24 hours +of becoming aware of the violation (if this information is provided orally, a +written submission must be provided to the director within five days): +               (aa)   A description of the event, and the nature and cause of +the event. +               (bb)   The time period of the violation, including exact dates +and times or, if still continuing, the anticipated time the violation is +expected to continue. +               (cc)   The steps being taken or planned to reduce, eliminate and +prevent recurrence of the violation. +         (C)   The industrial user seeking to establish the act of God +affirmative defense has the burden of proving by a preponderance of the +evidence that the violation of this article, or a permit issued pursuant to +this article, was caused solely by an act of God, war, strike, riot or other +catastrophe. +      (2)   A bypass authorized by the director in accordance with Title 40, +Code of Federal Regulations, Section 403.17(c), as amended. +      (3)   An upset authorized by the director in accordance with Title 40, +Code of Federal Regulations, Section 403.16(c), as amended. (Ord. Nos. 19201; +21409; 21862; 25256; 26925; 28084) +SEC. 49-47.   DENIAL, SUSPENSION, OR REVOCATION OF PERMITS; AMENDING PERMITS. +   (a)   Grounds for denial, suspension, or revocation. The director may deny a +permit required by Section +49-46(a) if the director determines that an applicant is not qualified under +Section +49-46(f). The director may suspend or revoke a permit if the director +determines that a permittee: +      (1)   is not qualified under Section +49-46(f); +      (2)   has violated a provision of this article, the permit, or any +administrative order; +      (3)   has failed to pay a fee required by this chapter; +      (4)   has failed to comply with applicable federal pretreatment standards +and requirements; +      (5)   has failed to comply with the compliance schedule submitted +pursuant to Section +49-46(f)(2); +      (6)   has failed to comply with procedures for developing, maintaining, +or delivering manifest records required to be developed, maintained, or +delivered pursuant to this article, +Chapter 19, +Article X of this code, or state or federal laws or regulations for the +transfer, transportation, or disposal of industrial waste; or +      (7)   has falsified or improperly altered manifest records required to be +developed, maintained, or delivered pursuant to this article, +Chapter 19, +Article X of this code, or state or federal laws or regulations for the +transfer, transportation, or disposal of industrial waste. +   (b)   Reinstatement. After suspension under this section, a permittee may +file a request for reinstatement of the permit. The director shall reinstate +the permit if the director determines that: +      (1)   the permittee is again qualified under Section +49-46(f); +      (2)   all violations of this article and applicable federal pretreatment +standards and requirements have been corrected; +      (3)   precautions have been taken by the permittee to prevent future +violations; and +      (4)   all fees required by this chapter have been paid. +   (c)   New permit after revocation. If the director revokes a permit, the +permittee may not apply for or be issued a new permit for the same facility +earlier than 180 days after the date of revocation of the old permit, except +that, if, subsequent to the revocation, the director determines that all of the +conditions prescribed in Section +49-46(c) and (f) and Section +49-47(b) are completely satisfied, the permittee may apply for and the director +may issue a new permit before the 180-day period expires. +   (d)   Discharge without permit. A permittee whose permit is suspended or +revoked shall not discharge industrial waste into the wastewater system. +   (e)   Amending a permit. The director may amend a permit with additional +requirements to ensure compliance with applicable laws and regulations. (Ord. +Nos. 19201; 21409; 26925; 28084) +SEC. 49-48.   PRETREATMENT AND DISPOSAL. +   (a)   Operation and maintenance of pretreatment facilities. When +pretreatment of industrial waste is required by the director as a condition for +acceptance of the waste into the wastewater system, the owner of the premises +from which the waste is discharged must operate and maintain treatment +facilities in a manner capable of complying with applicable discharge +standards. +   (b)   Best management practices. The director may require a person +discharging to the wastewater system to adopt and implement best management, +source reduction, and pollution practices if necessary to protect the +wastewater system. +   (c)   Septage and chemical toilet waste. +      (1)   No transported septage or chemical toilet waste may be discharged +into the wastewater system except at such locations and at such times as are +established by the director. +      (2)   The director may collect samples of each transported load to ensure +compliance with applicable standards. The director may also require the +transporter to provide a waste analysis of any load prior to discharge. +      (3)    +Article X of +Chapter 19 of this code provides additional regulations for the production, +transportation, and disposal of liquid waste. +   (d)   Disposal of trucked industrial solid waste. +      (1)   In order to ensure that trucked industrial solid waste is not being +discharged into the wastewater system, the director may require an industrial +user who generates such waste to report the type and amount of the waste, and +the location and manner of its disposal as specified in Section +49-51(i). +      (2)   An industrial user commits an offense if the user fails to provide +the reports requested by the director pursuant to Subsection (d)(1) of this +section. +   (e)   Dilution. No owner, operator, or permittee of premises shall ever +increase the use of process water, or in any way attempt to dilute a discharge, +unless expressly authorized by an applicable pretreatment standard or +requirement. The director may impose mass limitations on industrial users who +are using dilution to meet applicable pretreatment standards or requirements. +   (f)   Upset. For the purposes of this section, upset occurs when there is an +unintentional and temporary noncompliance with categorical pretreatment +standards due to factors beyond the reasonable control of the industrial user. +An example of this is the inability to use the treatment equipment due to power +failure. When upset occurs, an industrial user must first control production of +all discharges to the extent necessary to limit noncompliance, and regain +compliance, with categorical pretreatment standards. Secondly, the industrial +user must file a report of the upset pursuant to the requirements of this +section. +   (g)   Bypass. +      (1)   Bypasses that do not violate pretreatment standards. An industrial +user may allow any bypass to occur that does not cause pretreatment standards +or requirements to be violated, but only if it is for essential maintenance to +ensure efficient operation. These bypasses are not subject to the provisions of +Subsection (g)(2) of this section. +      (2)   Bypasses that violate pretreatment standards. +         (A)   If the need for a bypass is known in advance, the industrial +user shall provide notice to the director 10 days prior to the bypass. In the +event of an unanticipated bypass, oral notice must be provided to the director +within 24 hours after the industrial user becomes aware of the bypass. In +addition to the oral notice, written notice must be provided to the director +within five days after the bypass, unless waived by the director. The written +notice must contain the following: +            (i)   A description of the bypass and its cause. +            (ii)   The duration of the bypass, including exact dates and times. +            (iii)   If the bypass has not been corrected, the anticipated time +it is expected to continue. +            (iv)   Steps taken or planned to reduce, eliminate, and prevent +recurrence of the bypass. +         (B)   The director may take an enforcement action against an +industrial user for a bypass that violates pretreatment standards, unless all +of the following apply: +            (i)   The bypass was necessary in order to prevent loss of life, +personal injury, or severe property damage. +            (ii)   There was no feasible alternative to the bypass. The +director shall find that a feasible alternative existed if, in the exercise of +reasonable engineering judgment, adequate back-up equipment should have been +installed to prevent the bypass. +            (iii)   The industrial user submitted notices as required under +Paragraph (2)(A) of this subsection. +         (C)   The director may approve an anticipated bypass, after +considering its adverse effects, if the director finds that all three +conditions listed in Paragraph (2)(B) of this subsection have been satisfied. +(Ord. Nos. 19201; 19622; 20215; 20335; 22927; 26925; 27698; 28084) +SEC. 49-49.   INDUSTRIAL SURCHARGE FOR EXCESSIVE CONCENTRATIONS; SAMPLING FEES. +   (a)   Excessive BOD/TSS concentrations. A person discharging into the +wastewater system industrial waste that exhibits none of the characteristics of +wastewater prohibited in Section +49-43(b), but that has a concentration for a duration of 15 minutes that is +greater than four times that of normal wastewater as measured by total +suspended solids, BOD, or both or a concentration during a 24 hour period +average of total suspended solids, BOD, or both in excess of normal wastewater, +shall pretreat the industrial waste to meet the concentrations of normal +wastewater; except, that the industrial waste may be accepted in the wastewater +system for treatment by the city if all the following requirements are met: +      (1)   The industrial waste will not cause damage to the wastewater +system. +      (2)   The industrial waste will not impair the city’s treatment +processes. +      (3)   The BOD or total suspended solids concentration of industrial waste +discharged does not cause the average BOD or total suspended solids of +wastewater received at the wastewater treatment plant to increase above 250 mg/ +L. +      (4)   The person discharging the industrial waste pays an industrial +surcharge in addition to the regular water and sewer rates, in accordance with +the formula prescribed in Section +49-18.12(a)(1) or in accordance with Section +49-50. +   (b)   Sampling fees for determining compliance. A person determined to be +discharging industrial waste must compensate the city for the cost of sampling +and laboratory service expense required for monitoring the discharges for +compliance with this article and applicable standards of the EPA. The director +shall determine the number of samples and the frequency of sampling necessary +to maintain surveillance of the discharges, provided that at least two sampling +events will be conducted each calendar year. +   (c)   Sampling fees for industrial surcharge. A person discharging +concentrations of BOD or total suspended solids in excess of 250 mg/L shall +compensate the city for the cost of sample collections and laboratory service +necessary when an industrial surcharge rate is established each year. This +subsection does not apply to a waste management operator, or to a discharger +who is billed under Section +49-50. (Ord. Nos. 19201; 21430; 21409; 26925; 28084) +SEC. 49-50.   ESTIMATED INDUSTRIAL SURCHARGE FOR CLASS GROUP. +   (a)   Classes established. The director shall classify commercial and +industrial establishments that routinely discharge BOD and total suspended +solids concentrations exceeding 250 mg/L into the following class groups: +  +CLASS DESCRIPTION +(1) EATING PLACES: Includes restaurants and other establishments that engage + in preparation of food and beverage served directly to the consumer. + EQUIPMENT SERVICE FACILITIES: Includes establishments that perform +(2) washing, cleaning, or servicing of automobiles, trucks, buses, machinery, + or equipment and includes public facilities, facilities limited to + specific companies, and attended and coin-operated establishments. + FOOD AND KINDRED PRODUCTS PROCESSING: Includes commercial establishments + that engage in the preparation, packaging, processing, or distribution of +(3) food, food products, grains, or produce, other than those included in + Class (1) and that discharge less than 200,000 gallons of wastewater per + month. + DRINKING PLACES: Includes bars, lounges, clubs, and other establishments +(4) that do not engage in any food preparation but that engage in the sale of + beer, wine, liquor, or any other beverage served directly to the + consumer. +  +   (b)   Assessment of surcharge class rate. The director shall assess an +industrial surcharge rate for each class group based on industrial waste +strength determinations established by averaging grab or composite samples, or +both, taken from a representative number of establishments in each group and +shall apply this rate to the water consumption or metered wastewater of the +establishment. If the establishment is within a larger facility for which water +usage is determined from a master meter, the director shall determine an +estimated volume for the establishment to which the surcharge rate is applied. +The director shall then add the appropriate industrial surcharge to billings +for regular water and wastewater service for each establishment classified into +a class group. +   (c)   Exceptions to surcharge class rate. If an establishment contains +operations from more than one of the class groups, and the director determines +that the surcharge rate for a particular class group would not adequately +compensate the city for its cost of treatment, the director may: +      (1)   assess a surcharge rate based on a proportional average of the +class group rates involved; or +      (2)   require the establishment to be billed for an industrial surcharge +computed under the requirements of Section +49-18.12(1)(A) or (B), whichever applies. +   (d)   Election of standard surcharges. The owner or agent of the owner of an +establishment classified into a class group may elect to have the industrial +surcharge billed directly under Section +49-18.12(1)(A) or (B), whichever applies, rather than under this section by +making application to the director and paying the required sampling costs. +   (e)   Authority to revise rates. The director may, from time to time, revise +class group surcharge rates based on analysis of current samples. (Ord. Nos. +19201; 21061; 21430; 26925; 28084) +SEC 49-51.   REPORTING REQUIREMENTS. +   (a)   Baseline monitoring reporting. +      (1)   Deadlines for submission of reports. +         (A)   Existing categorical users. Within either 180 days after the +effective date of a categorical pretreatment standard, or the final +administrative decision on a category determination under Title 40, Code of +Federal Regulations, Section 403.6(a)(4), as amended, whichever is later, +existing categorical users currently discharging to or scheduled to discharge +to the wastewater system shall submit to the director a report that contains +the information listed in Subsection (a)(2) of this section. +         (B)   New sources and new categorical users. Ninety days prior to +commencement of discharge, new sources and sources that become categorical +users subsequent to the promulgation of an applicable categorical standard +shall submit a report containing the information listed in Subsection (a)(2) to +the director. A new source shall report the method of pretreatment it intends +to use to meet applicable categorical standards. In addition to the information +required in Subsection (a)(2), a new source shall also provide: +            (i)   the method of pretreatment it intends to use to meet +applicable categorical standards; and +            (ii)   estimates of its anticipated flow and quantity of pollutants +to be discharged. +      (2)   Required information in report. The following must be provided in +the report required in Subsection (a)(1): +         (A)   Identifying information. The name and address of the facility, +including the name of the operator and owner. +         (B)   Environmental permits. A list of any environmental control +permits held by or for the facility. +         (C)   Description of operations. A brief description of the nature, +average rate of production, and standard industrial classifications of the +operations carried out by the industrial user. The description should include a +schematic diagram indicating points of discharge to the wastewater system from +the regulated processes. +         (D)   Flow measurement. Information showing the measured average and +maximum daily flows (in gallons per day) to the wastewater system from +regulated process streams and other streams, if necessary, to allow use of the +combined wastestream formula set out in Title 40, Code of Federal Regulations, +Section 403.6(e), as amended. +         (E)   Measurement of pollutants. +            (i)   The categorical pretreatment standards applicable to each +regulated process. +            (ii)   The results of sampling and analysis identifying the nature +and concentration (and mass, where required by the standard or by the director) +of regulated pollutants in the discharge from each regulated process. +Instantaneous, daily maximum, and long-term average concentrations (and mass, +where required) must be reported. The sample must be representative of daily +operations and analyzed in accordance with procedures set out in Subsection +(j). +            (iii)   Sampling must be performed in accordance with the +procedures set out in Subsection (k). +         (F)   Certification statement. A statement, reviewed by the industrial +user’s authorized representative and certified by a qualified professional, +indicating whether pretreatment standards are being met on a consistent basis, +or, if not, whether additional operation and maintenance or additional +pretreatment is required to meet the pretreatment standards and requirements. +         (G)   Compliance schedule. If additional pretreatment or operation and +maintenance is required to meet the pretreatment standards, the shortest +schedule by which the industrial user will provide the pretreatment or +operation and maintenance. No completion date in this schedule may be later +than the compliance date established for the applicable pretreatment standard. +The compliance schedule must meet the requirements of Subsection (b). +         (H)   Signature and certification. All baseline monitoring reports +must be signed and certified in accordance with Subsection (m). +   (b)   Compliance schedule progress reports. +      (1)   The initial report must contain progress increments in the form of +dates for the commencement and completion of major events leading to the +construction and operation of additional pretreatment required of the +industrial user to meet the applicable pretreatment standards (examples of a +major event include, but are not limited to, the hiring of an engineer, the +completion of preliminary and final plans, the execution of contracts for major +components, and the commencement and completion of construction). No progress +increment may exceed nine months. +      (2)   The industrial user shall submit a report to the director no later +than 14 days following each scheduled progress increment date. The report must +include, at a minimum, whether or not the industrial user complied with the +increment of progress, the reason for delay, if any, and, if appropriate, the +steps being taken by the user to return to the established schedule. In no +event may more than nine months elapse between submission of a progress report +to the director. +   (c)   Reports on compliance with categorical pretreatment standard deadline. +      (1)   All industrial users with pollutant data results shall submit to +the director a report containing the information described in Subsections (a) +(2)(E) through (H). +      (2)   If an industrial user is subject to equivalent mass or +concentration limits established in accordance with the procedures in Title 40, +Code of Federal Regulations, Section 403.6(c), as amended, the report must also +contain a reasonable measure of the industrial user’s long-term production +rate. +      (3)   For all other industrial users subject to categorical pretreatment +standards expressed in terms of allowable pollutant discharge per unit, the +report must include the industrial user’s actual production during the +appropriate sampling period. +      (4)   All compliance reports must be signed and certified in accordance +with Subsection (m) and submitted within 90 days after being permitted by the +city. +   (d)   Periodic compliance reports. +      (1)   All significant industrial users shall, at a frequency determined +by the director but in no event less than twice a year (once in July covering +the six- month period between January 1 through June 30, and once in January +covering the six-month period between July 1 through December 31), submit a +report containing at a minimum: +         (A)   the nature and concentration of pollutants in the discharge +limited by pretreatment standards; +         (B)   the measured or estimated average and maximum daily flows for +the reporting period; and +         (C)   contributing information necessary to account for water usage, +materials recovery, or disposal practices. +      (2)   All periodic compliance reports must be signed and certified in +accordance with Subsection (m). +      (3)   All wastewater samples must be representative of the industrial +user’s discharge. Wastewater monitoring and flow measurement facilities must be +properly operated, kept clean, and maintained in good working order at all +times. Failure of an industrial user to keep its monitoring equipment in good +working order negates any grounds for the industrial user’s potential claim +that sample results are unrepresentative of its discharge. +      (4)   If an industrial user subject to the reporting requirement in this +section monitors any pollutant using the procedures prescribed in Subsections +(j) and (k), the results of the monitoring must be included in the report. +   (e)   Notification of changed conditions. +      (1)   At least 90 days before any planned significant change to an +industrial user’s operations or system that might alter the nature, quality, or +volume of its wastewater, the industrial user shall notify the director of the +change. +      (2)   The director may require the industrial user to submit all +information deemed necessary to evaluate the changed condition, including the +submission of a wastewater discharge permit application under Section +49-46(a). The director shall evaluate whether the industrial user needs a plan +or other action to control accidental discharges. +      (3)   The director may issue a wastewater discharge permit or modify an +existing wastewater discharge permit in response to changed or anticipated +changed conditions. +      (4)   For purposes of this requirement, significant changes include, but +are not limited to, flow increases or decreases of 20 percent or greater, the +discharge of any previously unreported pollutants, and the deletion of any +pollutant regulated by this article or a permit issued pursuant to this +article. +   (f)   Reports of accidental (Slug) discharges. +      (1)   In the case of any discharge (including an upset, an accidental +discharge, a discharge of a non- routine, episodic nature, a non-routine batch +discharge, or a slug load) that may cause potential problems for the wastewater +system, the industrial user shall immediately telephone and notify the director +of the incident. This notification must include the location of the discharge, +the type of waste, the concentration and volume, and corrective actions taken +by the industrial user. +      (2)   Within five days following the discharge, the industrial user +shall, unless waived by the director, submit to the director a detailed written +report that provides: +         (A)   a description and cause of the discharge, including location, +type, and concentration of the discharge and the volume of water; +         (B)   the duration of noncompliance, including the exact dates and +times of noncompliance and, if the noncompliance is continuing, an immediate +response to cause the noncompliant discharge to cease; and +         (C)   all steps taken or to be taken to reduce, eliminate, and prevent +continuation or recurrence of an upset, slug load, or accidental discharge, +spill, or other condition of noncompliance. +      (3)   The notification does not relieve the industrial user of any +expense, loss, damage, or other liability that may be incurred as a result of +damage to the wastewater system or to natural resources, or any other damage to +persons or property, nor does the notification relieve the industrial user of +any fines, penalties, or other liability that may be imposed pursuant to this +chapter. +      (4)   A notice must be permanently posted on the industrial user’s +bulletin board or in another prominent location advising employees whom to call +in the event of a discharge. An industrial user shall ensure that all +employees, who may cause such a discharge to occur, are advised of the +emergency notification procedure. +      (5)   The director shall evaluate whether the industrial user needs a +plan or other action to control possible future accidental discharges. +   (g)   Reports from non-permitted users. Industrial users not required to +obtain a wastewater discharge permit must still provide appropriate reports to +the director when required by the director. +   (h)   Submission of self-monitoring reports and violations based on self- +monitoring. The industrial user shall submit all notices and self-monitoring +reports necessary to assess and assure compliance with pretreatment standards +and requirements, including but not limited to, the reports required in Title +40, Code of Federal Regulations, Section 403.12, as amended. If an industrial +user’s monitoring and wastewater analysis indicates that a violation has +occurred, the industrial user shall do all of the following: +      (1)   Notify the director within 24 hours after becoming aware of the +violation. +      (2)   Repeat the sampling and submit to the director a written report of +the results of the second analysis within 30 days after becoming aware of the +violation. If the city has performed the sampling and analysis in lieu of the +industrial user, the city must perform the repeat sampling and analysis unless +it notifies the industrial user of the violation and requires the industrial +user to perform the repeat analysis. +   (i)   Notification of the discharge of hazardous waste. +      (1)   Notification process in general. +         (A)   Pursuant to Title 40, Code of Federal Regulations, Section +403.12(p), as amended, any industrial user that commences the discharge of a +hazardous waste listed in Title 40, Code of Federal Regulations, Part 261, as +amended, shall notify the director, the EPA Region VI Waste Management Division +Director, and the TCEQ, in writing, of the discharge. +         (B)   The notification must include the name of the hazardous waste as +set forth in Title 40, Code of Federal Regulations, Part 261, as amended, the +EPA hazardous waste number, and the type of discharge (continuous, batch, or +other). +         (C)   If the industrial user discharges more than 100 kilograms of +hazardous waste in a calendar month to the wastewater system, the notification +must also contain the following information to the extent the information is +known and readily available to the industrial user: +            (i)   An identification of the hazardous constituents contained in +the wastes. +            (ii)   An estimation of the mass and concentration of the +constituents in the wastestream discharged during that calendar month. +            (iii)   An estimation of the mass of constituents in the +wastestream expected to be discharged during the following 12 months. +         (D)   All notifications must be sent within 180 days after the +discharge commences. Only one notification is required for each hazardous waste +discharged. Notification of changed conditions, however, must be submitted +pursuant to Subsection (e). The notification requirement in this subsection +does not apply to pollutants already reported by industrial users subject to +categorical pretreatment standards under the self-monitoring requirements of +Sections +49-51(h) and +49-55.3. +      (2)   Certain discharges exempt. A discharger is exempt from the +requirements of Subsection (i)(1) during a calendar month in which it +discharges no more than 15 kilograms of non-acute hazardous waste. Discharge of +more than 15 kilograms of non-acute hazardous wastes in a calendar month, or of +any quantity of acute hazardous wastes as specified in Title 40, Code of +Federal Regulations, Sections 261.30(d) and 261.33(e), as amended, requires a +one-time notification. No additional notification is required for the +subsequent discharge of a hazardous waste in excess of the quantities +permitted. +      (3)   Listing of new hazardous waste. In the case of any new regulation +under Section 3001 of the Resource Conservation and Recovery Act (42 U.S.C. +6901 et seq.) identifying additional characteristics of hazardous waste or +listing any additional substance as a hazardous waste, the industrial user +shall notify the director, the EPA Region VI Waste Management Division +Director, and the TCEQ of the discharge of such substance within 90 days after +the effective date of the regulation. +      (4)   Certification required. In the case of any notification made under +this section, the industrial user shall certify that it has a program in place +to reduce the volume and toxicity of hazardous wastes generated to the degree +it has determined to be economically practical. +      (5)   No right to discharge created. This subsection does not create a +right to discharge any substance not otherwise permitted to be discharged by +this chapter, a permit issued under this chapter, or any applicable federal or +state law. +   (j)   Analytical requirements. All pollutant analyses (including sampling +techniques) to be submitted as part of a wastewater discharge permit +application or report must be performed in accordance with the techniques +prescribed in Title 40, Code of Federal Regulations, Part 136, as amended, +unless otherwise specified in an applicable categorical pretreatment standard. +If Title 40, Code of Federal Regulations, Part 136, as amended, does not +contain sampling or analytical techniques for the pollutant in question, +sampling and analyses must be performed in accordance with procedures approved +by the EPA or TCEQ. +   (k)   Sample collection. +      (1)   Except as indicated in Subsection (k)(2), the industrial user shall +collect wastewater samples using flow proportional composite collection +techniques. If flow proportional sampling is not feasible, the director may +authorize the use of time proportional sampling or a minimum of four grab +samples if the user demonstrates that this will provide a representative sample +of the effluent being discharged. In addition, grab samples may be required to +show compliance with instantaneous discharge limits. +      (2)   Samples for oil and grease, temperature, pH, cyanide, phenols, +sulfides, and volatile organic compounds must be obtained using grab collection +techniques. +   (l)   Date reports deemed received. Written reports are deemed to have been +submitted on the date postmarked. For reports that are not mailed, postage +prepaid, into a mail receptacle serviced by the United States Postal Service, +the date the report is received governs. +   (m)   Certification and signatory requirements. +      (1)   The following must be certified to and signed by the authorized +representative: +         (A)   All permit applications. +         (B)   Baseline monitoring reports. +         (C)   Reports on compliance with categorical pretreatment standard +deadlines. +         (D)   Periodic compliance reports. +         (E)   Any report specifically required by the director. +      (2)   The following statement must be used to certify the applications +and reports listed in Subsection (m)(1): +I certify under penalty of law that this document and all attachments were +prepared under my direction or supervision in accordance with a system designed +to assure that qualified personnel properly gather and evaluate the information +submitted. Based on my inquiry of the person or persons who manage the system, +or those persons directly responsible for gathering the information, the +information submitted is, to the best of my knowledge and belief, true, +accurate, and complete. I am aware that there are significant penalties for +submitting false information, including the possibility of fine and +imprisonment for knowing violations. +   (n)   Best management practice documentation. If the pretreatment standards +require compliance with best management practices or a pollution prevention +alternative, the industrial user shall submit documentation to the director +demonstrating compliance with these requirements. (Ord. 28084) +SEC. 49-52.   RECORDKEEPING. +   (a)   An industrial user subject to the reporting requirements of this +article shall retain (and make available for inspection and copying) all +information obtained pursuant to monitoring activities required by this article +and any additional information obtained through monitoring activities +undertaken by the industrial user, independent of such requirements. Records +documenting best management practices are specifically included in this +recordkeeping requirement and must be maintained in accordance with this +section. +   (b)   Records must include the following information: +      (1)   The date, exact place, method, and time of sampling. +      (2)   The name of each person who took the samples. +      (3)   The dates the analysis was performed. +      (4)   The name of each person who performed the analysis. +      (5)   The analytical technique or method used. +      (6)   The results of the analysis. +   (c)   These records must be retained and made available by an industrial +user for a period of at least three years. This period will automatically be +extended for the duration of any litigation concerning the industrial user or +the city, or where the industrial user has been specifically notified of a +longer retention period by the director. +   (d)   Any record submitted pursuant to Subsections (a) and (b) must be +retained by the city for a period of at least three years. This period will +automatically be extended for the duration of any litigation concerning the +industrial user or the city, or where the city has notified the industrial user +of a longer retention period. In addition, the city shall make all reports +available for inspection and copying by the public. (Ord. 28084) +SEC. 49-53.   PUBLICATION OF INDUSTRIAL USERS IN SIGNIFICANT NONCOMPLIANCE. +   The director shall annually publish, in the largest daily newspaper +published in the city, a list of the industrial users who, during the previous +12 months, were in significant noncompliance with applicable pretreatment +standards and requirements. (Ord. 28084) +SEC. 49-54.   REGULATION OF WASTES FROM OTHER JURISDICTIONS. +   (a)   Prior to contributing wastewater in the wastewater system, a +municipality must enter into an interlocal agreement with the city. +   (b)   The director may request the following information from the +contributing municipality: +      (1)   A description of the quality and volume of wastewater to be +discharged to the wastewater system by the contributing municipality. +      (2)   An inventory of all industrial users located within the +contributing municipality that will be discharging to the wastewater system. +      (3)   Any other information deemed necessary by the director. (Ord. +28084) +SEC. 49-55.   EXTRAJURISDICTIONAL USERS. +   (a)   An extrajurisdictional user shall apply for a permit in accordance +with this article as specified in Section +49-46(a) and (b) prior to discharging to the wastewater system. +   (b)   This section does not apply to extrajurisdictional users in +jurisdictions that have an agreement with the city pursuant to Section +49-54. +   (c)   A wastewater discharge permit issued to an extrajurisdictional user +must be in the form of a contract and include, at a minimum, the components +found in Title 40, Code of Federal Regulations, Section 403.8(f)(1)(iii), as +amended, and be approved by the city council. An extrajurisdictional user must +agree to follow and be bound by the requirements of this article. (Ord. 28084) +SEC. 49-55.1.   INSPECTION CHAMBERS. +   (a)   Chambers required. A person who discharges industrial waste into the +wastewater system must provide, at his own expense, an inspection manhole or +chamber in an accessible location on the premises from which the waste is +discharged. +   (b)   Special requirements. An inspection manhole or chamber must be: +   ��  (1)   near the outlet of each building lateral, sewer, drain, pipe, or +channel that connects with the wastewater system; +      (2)   designed and constructed to prevent infiltration by ground and +surface water; and +      (3)   maintained so that a person may easily and safely measure the +volume and obtain samples of the flow. +   (c)   Construction plans required. Before beginning construction of an +inspection manhole or chamber, a person must submit plans to the director for +review and approval to insure compliance with this section. Plans must include +the wastewater metering device if one is to be installed. (Ord. Nos. 19201; +26925; 28084) +SEC. 49-55.2.   MEASUREMENT OF WASTE VOLUME. +   (a)   Metering devices. If a person who discharges industrial waste into the +wastewater system installs and maintains in proper working condition a +wastewater metering device of a type approved by the director, the actual +wastewater flow from the premises will be the basis for computing charges for +services. +   (b)   Measurements without a meter. On premises where water is obtained +exclusively from the water system and no wastewater metering device is +installed, the director shall compute the wastewater flow, for purposes of +determining service charges, based on the water consumption during the previous +month. +   (c)   Wastewater from private sources. On premises where all or part of the +water is obtained from a source other than the water system and no wastewater +metering device is installed, the owner shall provide and maintain a metering +device, of a type approved by the director, to measure sources of private +water. +   (d)   Estimated usage. If an activity on premises consumes water by +evaporation, includes water in a product, or discharges water into a storm +sewer, the owner may make application to the director for reduction in the +volume of wastewater estimated to be discharged from the premises. The +application must contain supporting data, including but not limited to a flow +diagram showing the route and destination of the water supply and wastewater. +(Ord. Nos. 19201; 26925; 28084) +SEC. 49-55.3.   INSPECTION AND SAMPLING. +   (a)   Inspection and sampling. The director shall inspect and sample each +significant industrial user at least once each year. The director may, however, +inspect and sample a significant industrial user more frequently. The +inspection, surveillance, and monitoring must be independent of information +received from the self-monitoring reports program. If a significant industrial +user requires additional samples, the director may require the user to pay the +cost of the additional service. +   (b)   Sample collection and analysis. Samples must be collected and analyzed +in accordance with Sections +49-51(j) and (k). A sample may be taken manually or by use of mechanical +equipment. +   (c)   Submission of monitoring data. All significant industrial users shall +submit all monitoring data of regulated pollutants that has been collected at +the appropriate sampling location, in accordance with Section +49-51. +   (d)   Accidental discharge/slug control plans. Within one year after an +industrial user is designated as a significant industrial user, the director +shall evaluate and determine whether the significant industrial user needs to +develop, submit, and implement an accidental discharge/slug control plan. The +director may also require any industrial user to develop, submit, and implement +such a plan. Alternatively, the director may develop the plan for any +industrial user. An accidental discharge/slug control plan must address, at a +minimum, the following: +      (1)   A description of discharge practices, including non-routine batch +discharges. +      (2)   A description of stored chemicals. +      (3)   Procedures for immediately notifying the director of any accidental +or slug discharge, as required by Section +49-51(i). +      (4)   Procedures to prevent adverse impact from any accidental or slug +discharge. The procedures may include, but are not limited to, the inspection +and maintenance of storage areas, the handling and transfer of materials, the +loading and unloading operations, the control of plant site runoff, worker +training, the building of containment structures or equipment, measures for +containing toxic organic pollutants (including solvents), and measures and +equipment needed in the event of emergency response. +   (e)   Self-monitoring program. The director may, to the extent permitted by +the EPA, delegate self- monitoring and reporting responsibilities to specific +industrial waste discharge permittees, based upon the compliance history of a +permittee and the volume and character of the waste discharge. Self-monitoring +data from an industrial user must be submitted with accompanied chain-of- +custody forms. +   (f)   Waiver of pollutant sampling. +      (1)   The city may authorize an industrial user subject to a categorical +pretreatment standard to forego sampling of a pollutant regulated by a +categorical pretreatment standard if the industrial user has demonstrated, +through sampling and other technical factors, that the pollutant is neither +present nor expected to be present in the discharge, or, if present, is only +present at background levels from intake water, without any increase in the +pollutant due to activities of the industrial user. +      (2)   The authorization is subject to the following conditions: +         (A)   The pollutant is determined to be present solely due to sanitary +wastewater discharged from the facility, provided that the sanitary wastewater: +            (i)   is not regulated by an applicable categorical standard; and +            (ii)   includes no process wastewater. +         (B)   The waiver is valid only for the duration of the effective +period of the individual wastewater discharge permit, but in no case longer +than five years. The industrial user must submit a new request for a waiver +when a subsequent individual wastewater discharge permit is granted. +         (C)   The industrial user must provide data from at least one sampling +of the facility’s process wastewater prior to any treatment present at the +facility. The process wastewater sample must be representative of wastewater +from all processes. +         (D)   The request for a waiver must be signed in accordance with +Section +49-1(5) and include the certification statement in Section +49-51(m). +         (E)   Non-detectable sample results may be used as a demonstration +that a pollutant is not present if the EPA-approved method from Title 40, Code +of Federal Regulations, Part 136, as amended, with the lowest minimum detection +level for that pollutant was used in the analysis. +         (F)   Any waiver by the director must be included as a condition in +the industrial user’s permit. The reasons supporting the waiver and any +information submitted by the industrial user in its request for the waiver must +be maintained by the director for a period of three years after the expiration +of the waiver. +         (G)   The industrial user must certify that there has been no increase +of the pollutant in its wastestream due to its activities. The certification +must appear on all future reports, along with the statement in Section +49-51(m). +         (H)   If a waived pollutant is found to be present or is expected to +be present because of changes occurring in the industrial user’s operations, +the industrial user must immediately: +            (i)   comply with the sampling requirements of Section +49-55.3(a) or other more frequent sampling requirements imposed by the +director; and +            (ii)   notify the director. +      (3)   This subsection does not supersede certification processes and +requirements established in categorical pretreatment standards, except as +otherwise provided in the categorical pretreatment standards. (Ord. Nos. 19201; +20215; 21409; 26925; 28084) +SEC. 49-55.4.   CONFIDENTIALITY. +   (a)   Confidential information. An industrial user who asserts the trade +secret exception to disclosure under Chapter 552 of the Texas Government Code +(the Public Information Act) and Title 40, Code of Federal Regulations, Part 2, +as amended, must clearly mark or stamp the words "confidential business +information” on each page that contains proprietary information at the time the +information is submitted to the city. If no claim is made at the time of +submission, the city shall make the information available to the public without +further notice. If a claim is asserted, the information will be treated in +accordance with the procedures in Title 40, Code of Federal Regulations, Part +2, as amended. +   (b)   Effluent data. Information and data provided to the city under +Subsection (a) of this section that is effluent data will be available to the +public without restriction. +   (c)   All other information. All other information submitted to the city is +available to the public in accordance with state and federal law. (Ord. 28084) +SEC. 49-55.5.   WASTE MANAGEMENT OPERATORS. +   (a)   General requirements. A person who is a waste management operator and +discharges industrial waste into the wastewater system must: +      (1)   discharge only at points in the wastewater system designated by the +director; +      (2)   install and maintain an accurate wastewater metering device, or +provide for accurate flow estimates in a manner as required by the director; +      (3)   compensate the city for the full cost of all sample collection and +laboratory analyses for the purpose of monitoring and maintaining control of +the discharge of industrial waste into the wastewater system, or implement a +self-monitoring and reporting program approved by the director; +   ��  (4)   maintain accurate records, available to the director upon request, +showing: +         (A)   the volume of industrial waste discharged; +         (B)   the dates of receipt and disposal of industrial waste; +         (C)   the type of waste discharged; and +         (D)   the names and addresses of producers and haulers of all waste +being processed; and +      (5)   comply with all applicable federal, state, and local laws and +regulations. (Ord. Nos. 19201; 20215; 21409; 26925; 28084) +SEC. 49-55.6.   POLLUTION OF WATER IN RESERVOIRS. +   (a)   Activities constituting offense. A person commits an offense if he +conducts any of the following activities in a city reservoir: +      (1)   Bathing. +      (2)   Throwing, depositing, or discharging urine, excrement, trash, +garbage, toxic or otherwise hazardous substances, or other pollutants. +      (3)   Causing some other nuisance upon or in the city reservoir. (Ord. +Nos. 19201; 26925; 28084) +SEC. 49-55.7.   DEPOSIT OR DISCHARGE OF CERTAIN MATERIAL INTO WASTEWATER SYSTEM +OR STORM-SEWER. +   (a)   Illegal discharges. A person commits an offense if he: +      (1)   deposits garbage, dead animals, trash, articles, or other +substances tending to obstruct the flow of wastewater, into a manhole, +cleanout, or other opening; +      (2)   discharges industrial waste into a storm sewer or storm drain; +      (3)   discharges normal domestic wastewater into a storm sewer or storm +drain; or +      (4)   discharges storm water collected from a storm sewer or storm drain +into the wastewater system. +   (b)   Gutter connections. A person commits an offense if he connects a +private gutter, rainwater conductor, privy, or cistern to a part of the +wastewater system. (Ord. Nos. 19201; 26925; 28084) +ARTICLE V. +DEVELOPMENT AND SYSTEM EXTENSIONS. +SEC. 49-56.   AUTHORITY TO MAKE CAPITAL IMPROVEMENTS; SPECIAL ASSESSMENTS; LOT +AND ACREAGE FEES. +   (a)   Authority. The director is authorized to: +      (1)   extend water and wastewater mains to permit connections to persons +seeking service; +      (2)   replace water and wastewater mains which are substandard in size or +condition; and +      (3)   make rules and regulations, not in conflict with this article or +other laws, regarding the extension of mains by or for developers to serve +newly created or redeveloped subdivisions or resubdivisions. +   (b)   Special assessments. The cost of extension of a water or wastewater +main a distance greater than 100 feet will be charged to an individual owner +who specially benefits from the extension in accordance with the provisions of +this section and the procedures established in Subchapter D of Chapter 402, +Texas Local Government Code, as amended. A special assessment will be based +upon the front foot rate prescribed in Section +49-18.10(a), unless the city council finds it necessary to adjust the rate +under the circumstances set forth in Subsection (c) of this section. The +director is authorized to promulgate regulations, not in conflict with state +law or this chapter, governing how requests for extensions under this +subsection are made and presented for assessment. In calculating the 100-foot +requirement of this section, street intersection distances will be excluded. +   (c)   Manner of special assessment. A lot or tract of land which is not a +corner lot and which extends between street lines so as to abut on two or more +public streets will be specially assessed for each frontage if the property +will be or is used in a manner such that service will actually be used from the +mains in those streets; otherwise, the property will be specially assessed +based only upon the frontage where the connection is made to the main. +   (d)   Adjustment of rates. If the city council determines in an assessment +under Subsection (b) that the front foot rate prescribed in Section +49-18.10 exceeds the special benefit to a lot or tract by its enhanced value, +or that the manner of assessment creates an inequality or injustice as to +similarly situated lots or tracts, the city council, in order to insure +substantial equality of benefits received and burdens imposed, will: +      (1)   adjust the prescribed front foot rate; or +      (2)   determine another method of apportioning the charges. +   (e)   Private service replacements. If the director determines it necessary +to replace or relocate a building water line or building lateral incidental to +the extension, relocation, or replacement of a main under this article because +of the size or location of the main extension, relocation, or replacement, the +director is authorized to: +      (1)   require the property owner to perform the private work at the +owner’s expense; or +      (2)   cause the private work to be done in accordance with Article +402.901, Texas Local Government Code, which article is hereby adopted as the +procedure for this subsection in all respects as it applies to the city. +   (f)   Manner of special assessment payment. A special assessment under +Subsection (b) or (d)(2) may be paid in a lump sum, or by installment, in +accordance with the terms prescribed in the applicable assessment ordinance. +Where paid in installments, a mechanic’s lien contract and installment +promissory note must be executed on forms provided by the director and approved +by the city attorney. +   (g)   Liability in event of transfer. If a mechanic’s lien contract and +installment promissory note have been executed as provided under this section, +and ownership of the property changes after execution of the contract and note, +the new owner may assume payment of the unpaid installments. The new owner +takes the property subject to the lien for special assessments. Notwithstanding +the new owner’s assumption of liability, the previous owner remains personally +liable for special assessment payments owed under the contract until it is paid +in full. In the event of nonpayment, the director may: +      (1)   discontinue service to the property; +      (2)   enforce the lien created under the contract and note; or +      (3)   look to the previous owner for payment due. +   (h)   Lot or acreage fee. If an individual owner of property using the water +or wastewater system for the first time connects to an existing main +constructed by a developer entitled to city participation under Section +49-62, the individual owner shall be charged a lot or acreage fee to aid in +reimbursement of developer construction in accordance with the following rules: +      (1)   The fee shall be charged as prescribed in Section +49-18.10(c). An individual owner of a lot that is part of a subdivided tract +shall pay a lot fee; an individual owner of an unsubdivided tract shall pay an +acreage fee. +      (2)   Notwithstanding any lot or acreage fee previously paid under this +subsection, if an individual owner subdivides, develops or redevelops his +property in a manner necessitating new extensions, the rules regarding +developers in this article shall apply. +      (3)   The lot or acreage fee charged shall be the fee in effect on the +date the individual owner applies for a service connection permit. The fee +shall be paid prior to issuance of the connection permit. +      (4)   All lot and acreage fees collected shall be deposited to the credit +of the appropriate city fund. All fees collected shall be used only for the +purpose of reimbursing developers as required under Section +49-62. +   (i)   No obligation to extend. The city and the director are not obligated +to make a main extension if: +      (1)   funds to pay for the extension are not available to the city; +      (2)   the director determines for engineering or financial reasons that +an extension is not practical; or +      (3)   the individual owner or developer requesting the extension fails to +abide by the provisions of this article. (Ord. Nos. 19201; 19622; 20215; 20653; +26925; 29645) +SEC. 49-57.   RESERVED. +   (Repealed by Ord. 20653) +SEC. 49-58.   RESERVED. +   (Repealed by Ord. 20653) +SEC. 49-59.   REPLACEMENT OF SUBSTANDARD MAINS. +   (a)   Substandard size mains. The director is authorized to replace a +substandard size water or wastewater main when: +      (1)   property owners request in writing to the director that the +substandard size main be replaced in order to: +         (A)   provide fire protection; +         (B)   increase the water supply for consumption; +         (C)   improve the water pressure in an area; or +         (D)   improve the quality or capacity of wastewater collection in an +area; +      (2)   a substandard size main must be replaced by a standard size main in +advance of paving; or +      (3)   the director determines that replacement of a substandard size main +is necessary to provide for orderly improvement or operation of the system. +   (b)   Substandard condition mains. The director is authorized to replace a +water or wastewater main that is substandard as to condition when he determines +that: +      (1)   due to its overall condition, the main is no longer economical to +maintain as a part of the water or wastewater system; or +      (2)   the main is in such a condition that it poses a threat to the +health or safety of persons or property. +   (c)   Removal and reconnection of main. When a substandard main is replaced, +the department shall transfer and reconnect existing service connections to the +new main and remove or abandon the substandard main. +   (d)   Exception. A person connected to an existing substandard main at the +time of its replacement will not be required to pay special assessments for the +replacement of the substandard main. (Ord. Nos. 19201; 20653) +SEC. 49-60.   GENERAL RULES FOR EXTENSIONS BY DEVELOPERS. +   (a)   No extension without plat. Except in those instances where a plat is +not required by law to develop property, the director shall not permit, and no +person shall provide, extension of water or wastewater service to a lot, tract +or other parcel of land unless: +      (1)   the lot, tract or other parcel of land has been platted in +accordance with the requirements of this code and state law; +      (2)   the plat has been released for filing by the director and given +final approval by the city plan commission; and +      (3)   the plat has been filed for record in the plat records of the +county in which the lot, tract or other parcel of land is located. +   (b)   Plat approval guidelines. In addition, the following rules apply to +the release and approval of plats by the city: +      (1)   The city plan commission shall not approve a plat for filing +without a release from the director verifying that the plat conforms to the +city’s requirements for water or wastewater utility development and otherwise +conforms to the general plan of the city for water and wastewater extensions. +      (2)   The city plan commission is not obligated to approve a plat nor is +the director obligated to release a plat if the mains proposed to serve the +development exceed the existing capacity, or the immediate future capacity, of +the water or wastewater system to adequately and economically serve that +development and other adjacent property. +   (c)   Preliminary layout. At the same time that a preliminary plat is filed +for consideration with the city plan commission, the developer must submit the +following to the director: +      (1)   a preliminary layout or site plan showing the location and size of +all mains, valves and hydrants necessary to serve the proposed development; +      (2)   designated locations of dedications or public easements, proposed +or existing, necessary for the laying of all mains and appurtenances, to be +indicated on the layout or site plan; and +      (3)   the design review fee charged by the director in accordance with +Section +49-18.14(a). +   (d)   Design criteria. All layouts and designs for proposed mains and +appurtenances, whether preliminary or final, must be strictly in accordance +with the Water and Wastewater Design Manual of the department. The director may +refuse to release any plat for approval by the city plan commission where the +criteria of this manual are not met. +   (e)   Preliminary design phase. Upon review and approval of the preliminary +layout or site plan, the developer may proceed as follows: +      (1)   The developer may begin the preliminary design of water and +wastewater mains and appurtenances for the proposed development, in accordance +with Subsection (d). +      (2)   Upon completion of the preliminary design, the developer must +submit the preliminary design to the director. Pending review of the design, +the developer may then file a final plat with the city plan commission. Changes +or corrections in the design will be noted and returned to the developer. +      (3)   The developer may prepare the final design of the proposed system +after the director approves the preliminary design. +   (f)   Private development contracts. After approval of the preliminary +design, the developer may enter into a construction contract to build the +proposed facilities, subject to the following rules: +      (1)   The developer shall enter into one of the following types of +private development contract for construction of the facilities: +         (A)   a private development contract with a private construction +contractor, with the city as a beneficiary; or +         (B)   a private development contract directly with the city for the +developer to build the facilities. +      (2)   The cost of the system to be built must be borne as provided in +Section +49-62. +      (3)   The private development contract must be made according to terms +and conditions stated on a form provided by the director and approved by the +city attorney. +      (4)   The private development contract must include performance and +payment bonds equivalent to those which the city uses and requires in its +standard specifications, and the city must be a named obligee in the bonds. +      (5)   Charges for additional review of system designs under Section +49-18.14(a) shall be due upon submission of the additional review material. +      (7)   In addition, to ensure that the city will not incur claims or +liabilities as a result of the developer’s failure to make payment in +accordance with the terms of a private development contract, the director may +require the developer, as a precondition of approval of release of a final +plat, to provide sufficient surety guaranteeing satisfaction of claims against +the development in the event such default occurs. The surety shall be in the +amount of the private development contract. The surety shall also be in the +form of a bond, escrow account, cash deposit, or unconditional letter of credit +drawn on a state or federally chartered lending institution. The form of surety +shall be reviewed and approved by the city attorney. If a bond is provided, the +bond shall be in a form furnished by the director and approved by the city +attorney. The bond shall be executed by the developer and at least one +corporate surety authorized to do business and licensed to issue surety bonds +in the State of Texas and otherwise acceptable to the city. If a cash deposit +is provided, the deposit shall be placed in a special account and shall not be +used for any other purpose. If an escrow account is provided, the account shall +be placed with a state or federally chartered lending institution with a +principal office or branch in Texas, and any escrow agreement between the +developer and the escrowing institution shall provide for a retainage of not +less than 10 percent of the private development contract amount, to be held +until the director gives written approval of the construction of the +facilities. Interest accruing on the special account shall be credited to the +developer. This subsection (f)(7) shall expire on January 1, 1994, unless this +subsection is terminated sooner or extended by ordinance of the city council. +   (g)   Final release. Prior to the director’s release of the final plat for +approval by the city plan commission, the developer must submit the following +items to the director: +      (1)   the approved design of all mains, valves, service connections to be +constructed by the developer and hydrants for the proposed development as +prepared in accordance with all applicable requirements of this article; +      (2)   an executed private development contract for the proposed +development and development surety, both as prescribed in Subsection (f); and +      (3)   if the developer desires to plat more lots than the developer will +construct utilities to serve, a covenant for the benefit of the city running +with the land and agreeing to construct the utilities necessary to serve the +development at total cost in accordance with this article. +   (h)   Covenant procedures. Covenants required under Subsection (g)(3) must +be approved in accordance with the procedure set out in Section +2-11.2 of this code. After approval as to form by the city attorney, the +covenant shall be filed in the deed records of the county where the property is +located. Upon determination by the director that all the conditions of the +covenant have been fulfilled, the city manager may execute and cause to be +filed of record a release of the covenant without the necessity of city council +approval. +   (i)   Development on previously platted or unplatted land. If a person +develops property without having to file a plat or replat for approval by the +city, the requirements of this section still apply, as modified by the +following rules: +      (1)   A copy of the existing recorded plat or replat within which the +property lies and all layouts, proposed system designs and design review and +survey staking fees must be submitted with the request for extension. +      (2)   Any charges due under Section +49-62 must be paid before or upon application for a service connection permit. +      (3)   The director is authorized to promulgate additional procedures, not +in conflict with this chapter or other laws, to aid implementation of this +subsection. (Ord. Nos. 19201; 20215; 20653; 21045; 21491; 23289) +SEC. 49-61.   CONSTRUCTION OF DEVELOPER EXTENSIONS. +   (a)   Commencement of construction. The department will approve commencement +of construction after approval of the final plat by the city plan commission, +upon the developer’s meeting the following conditions: +      (1)   the construction plans must be in complete and correct form; +      (2)   all easements, dedications and other public rights-of-way necessary +to construction must be in existence; +      (3)   all necessary contract documents and bonds must be submitted; and +      (4)   the final plat, as recorded, must be submitted. +   (b)   Early start. The director may, upon written request from the +developer, allow construction to commence before submission of the final +recorded plat required in Subsection (a)(4), if all other applicable +requirements of this article have been met; except that the city reserves its +right to refuse final acceptance of the facilities and building permits until +the final plat is approved and recorded. +   (c)   Construction conditions. The following additional rules apply to +actual construction of the facilities in a development under this section: +      (1)   Installation of facilities must be made in public rights-of-way +belonging to the city and filed of record, and must be made in a manner that +does not damage existing facilities of the water or wastewater system. +      (2)   Construction and installation of facilities, including service +connections, if any, must be supervised by inspectors of the city to see that +it is done in accordance with the plans and specifications, which are a part of +the private development contract, and applicable provisions of this chapter. +      (3)   On service connections larger than two inches that are constructed +by the developer, the developer shall reimburse the city for any necessary +materials or appurtenances furnished by the city. +      (4)   Grade stakes for mains will be set by the developer’s engineer +after the plans are released for construction by the director; provided, +however, that grade stakes may not be set until after the developer’s engineer +has properly staked on the ground with iron pins all easements, points of +curves and tangency, all block corners and all lot corners within the +subdivision, and has properly staked all fire hydrants. +      (5)   All construction plans must comply with the following publications +of the department: +         (A)   Water and Wastewater Procedures and Design Manual. +         (B)   Development Design Procedure and Policy Manual. +         (C)   North Central Texas Standard Specifications for Public Works +Construction, as may be modified by the Water Utilities Department Addendum to +the Standard Specifications, or other special provisions. +         (D)   Water Utilities Department Standard Drawings. +      (6)   The director may, upon written request of the developer, permit +temporary, partial use of installed facilities in a development prior to final +acceptance of a system, if the department inspects the facilities to be used +and determines that they meet the city’s construction requirements. Temporary +permission under this subsection may not be construed as acceptance of any +facilities, and the developer shall remain liable for all applicable service +charges set forth in this chapter and all costs of construction. The duration +of temporary permission will be as determined by the director, but may never +exceed 90 days from the date of approval of the request. On the expiration +date, the director will discontinue service unless the director approves the +developer’s written request for an extension of temporary permission or issues +final acceptance in accordance with Subsection (c)(6) of this section. The +director may revoke or prohibit temporary permission under this subsection if +the developer fails or refuses to comply with the provisions of this chapter. +      (7)   The city will issue final acceptance when construction is complete +in accordance with the city’s requirements, the developer has paid all costs of +construction due and all charges due the city under this article, and the final +plat has been approved and filed of record as required by law. Following +issuance of final acceptance, facilities installed become the property of the +city, free and clear of all liens, claims, and encumbrances. +      (8)   Facilities constructed in a development pursuant to this article +must be hydrostatically tested by the department prior to final acceptance. The +developer shall cause any deficiencies or nonconformities in construction shown +as a result of the hydrostatic test to be corrected and retested by the +department until the test is passed. The developer shall pay a fee for +hydrostatic testing when required in Section +49-18.17. +      (9)   Damage to the work, relocation or revisions in the plans +necessitated by other construction, or modification of the development will be +charged to the developer, and service will be withheld or discontinued to the +development until the charges are paid. +   (d)   City not liable. Nothing in this article shall be construed to render +the city liable for sums owed by a developer to private contractors or +subcontractors for work done under a private development contract. (Ord. Nos. +19201; 19622; 20215; 23289; 26479) +SEC. 49-62.   RULES REGARDING THE CONSTRUCTION AND COST OF NEW MAINS IN A +DEVELOPMENT. +   (a)   Oversize mains. The city will participate in the cost of any oversize +main the developer is required to construct, by purchasing the excess capacity +in the main at the oversize cost of the main. The director’s determination of +the size of main necessary to adequately serve the subdivision, and the +necessary degree of oversizing, is final. Oversize cost will be based upon the +evaluated cost tables of Section +49-18.11 and will be paid after acceptance of the oversize main by the city. +   (b)   On-site extensions. The developer must construct all new on-site +extensions necessary to adequately serve the development, subject to applicable +city payments for participation in oversize cost under Subsection (a). +Construction of an on-site extension shall be pursuant to a private development +contract approved by the director and in accordance with Chapter 212, +Subchapter C, Texas Local Government Code, as amended. +   (c)   Off-site extensions. The following rules govern the installation of +and city participation in off- site extensions required to be constructed by a +developer in order to adequately serve the development: +      (1)   The developer shall construct any new off-site extension necessary +to adequately serve the development, if the city or another developer has not +already commenced design or construction of the extension in connection with +another development or project, subject to applicable city payments for +participation in oversize cost under Subsection (a). +      (2)   Construction of an off-site extension shall be pursuant to a +private development contract approved by the director and in accordance with +Chapter 212, Subchapter C, Texas Local Government Code, as amended. The off- +site extension construction may be included as a part of any private +development contract for construction of on-site extensions or other +infrastructure within the development, provided the rules of this article are +complied with. The city will participate in the cost of the off-site extension +by purchasing the extension, after completion and acceptance by the city, for +the total evaluated cost of the extension. City payment will be made in the +manner provided in this subsection. +      (3)   The city will make payment for purchase of the off-site extension +based upon new connections to the extension, at the applicable rate stated in +Section +49-18.15(a). The developer or other person entitled to payment under Subsection +(c)(5) must request payment in writing, and provide addresses and lot and block +numbers for new connections, on a semi-annual basis or on such other basis as +prescribed by the director in order to better facilitate proper payment. +However, if the development requiring the off-site extension and the +surrounding property through which the extension is constructed are, at +completion of construction, fully developed in a manner consistent with its +zoning so that all or substantially all of the new connections to the extension +capable of being made are actually made and no additional new connections are +expected or required, the full amount of city payment owed to the developer +will be made upon acceptance of the extension instead of the rated payment +method described above. +      (4)   City payments under Subsection (c)(3) may be made to: +         (A)   the original developer constructing the extension; +         (B)   the original developer’s legal successor by merger or other +proceedings, if the developer is a corporation, partnership or other business +entity; +         (C)   the original developer’s heirs or designated beneficiaries +legally established by a validly probated will or duly created estate +administration; +         (D)   an assignee of the original developer, pursuant to a written, +notarized agreement transferring the right to a payment which is executed by +the original developer, legal successor, heir, beneficiary or their authorized +agent and which is filed with the director after execution; or +         (E)   if after appropriate invest-igation the director determines that +no one else exists who could claim a right to city payments under Subsections +(c)(4)(A) through (c)(4)(D), any other person the director determines would +have a right to receive city payments; provided, however, that if no person +makes a claim for city payments owed under this subsection within 20 years +after acceptance of the off-site extension by the city, the funds will be +considered abandoned and will be placed in the department’s general operating +fund. The director is authorized to promulgate procedures, not in conflict with +this chapter or other laws, for handling claims under this Subsection (c)(4). +      (5)   City payments for off-site extensions will be processed in +accordance with Subsections (h) and (i) of this section, subject to any other +applicable credits or charges prescribed in this chapter. +   (d)   Existing mains. The developer may utilize any existing main that may +be available to adequately serve a proposed development in the design and +construction of extensions subject to the payment of the acreage fee described +in Subsection (e) of this section, if the director determines that: +      (1)   the existing main is not substandard as to size or condition; and +      (2)   the main is capable of adequately serving the development and not +impractical to use for engineering or financial reasons; otherwise, the mains +shall not be used or shall be replaced as required in Subsection (f). +   (e)   Acreage fee. A developer utilizing an existing main under this section +shall be charged an acreage fee if the existing main utilized was previously +constructed by a developer entitled to city participation under this section. +The amount of the fee shall be as prescribed in Section +49-18.10(d), and shall be paid upon completion of final design of the proposed +system serving the development. All acreage fees collected shall be deposited +to the credit of the appropriate city fund, and shall be used only for the +purpose of reimbursing developers as required under this section. +   (f)   Replacement mains. The following rules govern the construction of a +replacement main: +      (1)   The developer shall replace every existing substandard main serving +the development with a main of adequate size and condition for permanent +service, as determined by the director, subject to applicable city +participation under this section. +      (2)   The method of city participation in the cost of replacement of an +off-site main within the city shall be governed by the rules for off-site +extensions in Subsection (c). +   (g)   Trunk or transmission mains. If platted property abuts or fronts on an +existing water transmission or trunk wastewater main and connection to the main +is not permitted by the director, the developer will not be charged for the +existing trunk or transmission main, but may still be required to construct +another main to adequately serve the development. City participation in the +cost of the alternate main shall be governed by the applicable rules of +Subsections (a) through (c) of this section. +   (h)   Duplicate mains. Subject to the rules of Subsections (d) and (e) of +this section, if more than one existing water or wastewater main fronts, abuts +or lies within a development, the director shall determine which existing main +or mains the developer shall be allowed to connect to, if any. +   (i)   City payments and other charges offset. The director shall offset any +charges payable by developers under this chapter, except charges for retail use +of the water or wastewater system, against city payments owed to a developer. +If charges exceed city payments, payment must be made to the city prior to +commencement of service. If city payments exceed charges the city will make +payment upon acceptance of the system by the city, subject to the method of +payment for off-site extensions described in Subsection (c)(3); provided, +however, that no city payment under this article shall exceed 30 percent of the +total private development contract price. Where the city’s participation +exceeds $10,000, the director may waive the 30 percent limitation if the +director chooses, in the director’s sole discretion, to advertise the +construction for competitive bids in accordance with state law. Charges paid to +the city, if any, go into the department’s operating fund or into the trust +fund, where applicable. +   (j)   Disbursement of funds. Without additional city council approval, the +director of finance is authorized to encumber and allocate funds from the +appropriate water and wastewater system improvement fund and to issue checks or +warrants from the proper encumbrance out of that fund for the purpose of making +payments under this section, upon certification from the director that the +developer has met all the applicable requirements of this article and that the +amount of the payment accurately reflects the amount due the developer under +this section. +   (k)   No limitation on city. Nothing in this section shall be construed to +restrict the city’s authority to construct capital improvements for the benefit +of development or the citizens of the city. (Ord. Nos. 19201; 19526; 19622; +20215; 20653; 29645) +SEC. 49-63.   CERTAIN EXISTING MAINS EXEMPT. +   (a)   Exemption. Property platted into lots, tracts or other parcels and +having existing water and wastewater mains prior to December 11, 1936 is exempt +from pro rata. +   (b)   Resubdivided property. Where the property described in Subsection (a) +is later subdivided, replatted or otherwise developed such that the existing +mains are otherwise replaced or extended in order to serve the property, then +the terms of this article apply. +   (c)   Charges already paid. Where an individual owner or developer has +already paid or contributed toward an existing main in accordance with the +terms of this article, that person will not be assessed any further charges +prescribed under this article for that main. No person will be charged a lot or +acreage fee for connection to or utilization of an existing main if: +      (1)   the existing main has been installed and in service for a period of +20 years or greater at the time of connection or utilization; or +      (2)   the existing main has previously been fully paid for under this +article by persons other than the city. (Ord. Nos. 19201; 20653) +CHAPTER 50 +CONSUMER AFFAIRS +ARTICLE I. +CONSUMER AFFAIRS ADMINISTRATION. +Sec. +50-1.   Director. +Sec. +50-2.   Assistants and additional personnel. +Sec. +50-3.   Powers of the director. +Sec. +50-4.   Power to seize. +ARTICLE II. +RESERVED. +Secs. 50-5 thru 50-35.   Reserved. +ARTICLE III. +RESERVED. +Secs. 50-36 thru 50-71.   Reserved. +ARTICLE IV. +CONSUMER PROTECTION. +Sec. +50-72.   Definitions. +Sec. +50-73.   Unlawful acts or practices. +Sec. +50-74.   Interpretation. +Sec. +50-75.   Advertising - Disclosure of name and address. +Sec. +50-76.   Exemption. +Sec. +50-77.   Investigation. +Sec. +50-78.   Reserved. +ARTICLE V. +WOOD VENDORS. +Sec. +50-79.   Definitions. +Sec. +50-80.   License required. +Sec. +50-81.   Application; issuance; non- transferability. +Sec. +50-82.   Fee. +Sec. +50-83.   Signs; display; issuance. +Sec. +50-84.   Sale of fuel wood - Invoices. +Sec. +50-84.1.   Sale of fuel wood - Unit requirement. +Sec. +50-85.   Refusal to issue or renew license; revocation. +Sec. +50-86.   Appeal. +ARTICLE VI. +COIN-OPERATED DEVICES. +Sec. +50-87.   Definitions. +Sec. +50-88.   Design and construction. +Sec. +50-89.   Maintenance. +Sec. +50-90.   Operating instructions. +Sec. +50-91.   Instructions for reporting faulty operation. +Sec. +50-92.   Statement of rates. +Sec. +50-93.   Unlawful to deface signs. +Sec. +50-94.   Exemptions. +Sec. +50-95.   Penalty. +ARTICLE VII. +MAIL ORDER SALES. +Sec. +50-96.   Prohibited acts. +Sec. +50-97.   Exceptions. +Sec. +50-98.   Failure to disclose legal name and address. +ARTICLE VIII. +ELECTRONIC REPAIRS. +Sec. +50-99.   Definitions. +Sec. +50-100.   License - Required; trade name registration. +Sec. +50-101.   Fees. +Sec. +50-102.   License - Application, issuance, and renewal. +Sec. +50-103.   License - Display, duplicates, transferability; employee +identification. +Sec. +50-104.   Powers and duties of the director. +Sec. +50-105.   License - Refusal to issue or renew. +Sec. +50-106.   License - Revocation. +Sec. +50-107.   License - Appeal from refusal to issue or renew; from decision to +revoke. +Sec. +50-108.   Disclosure required for repairs on premises of owner. +Sec. +50-109.   Disclosure required for repairs in licensee’s establishment. +Sec. +50-110.   Detailed statement required; return of replaced parts. +Sec. +50-111.   Unnecessary repairs; false representation of work. +Sec. +50-112.   Advertising. +ARTICLE IX. +MOTOR VEHICLE REPAIRS. +Sec. +50-113.   Definitions. +Sec. +50-114.   License required; trade name registration. +Sec. +50-115.   License application, place of business, issuance, renewal, and +expiration. +Sec. +50-116.   Fees. +Sec. +50-117.   License display, replacement, and transferability. +Sec. +50-118.   Refusal to issue or renew license. +Sec. +50-119.   License revocation. +Sec. +50-120.   Appeal from refusal to issue or renew license; from decision to +revoke license. +Sec. +50-121.   Powers and duties of the director. +Sec. +50-122.   Schedule of charges. +Sec. +50-123.   Disclosure of location of repairs, cost of repairs, time to complete. +Sec. +50-124.   Detailed invoice required; return of replaced parts. +Sec. +50-125.   Disclosure required for warranty. +Sec. +50-126.   Advertising. +Sec. +50-127.   Unnecessary repairs; charging for work not performed. +Sec. +50-128.   Exemptions. +Sec. +50-129.   Sign giving customer notice required. +Sec. +50-130.   Penalty. +ARTICLE X. +HOME REPAIR. +Sec. +50-131.   Article definitions. +Sec. +50-132.   Administration of article. +Sec. +50-133.   Article cumulative. +Sec. +50-134.   Home repair license required. +Sec. +50-135.   License exemptions. +Sec. +50-136.   License application, expiration, and renewal. +Sec. +50-137.   License fees. +Sec. +50-138.   Revocation of license. +Sec. +50-139.   Appeals. +Sec. +50-140.   Notice. +Sec. +50-141.   Regulations for home repairs under $500. +Sec. +50-142.   Regulations for home repairs of $500 or more. +Sec. +50-143.   Offenses. +ARTICLE XI. +CREDIT SERVICES ORGANIZATIONS AND CREDIT ACCESS BUSINESSES. +Division 1. General Provisions. +Sec. +50-144.   Purpose of article. +Sec. +50-145.   Definitions. +Sec. +50-146.   Violations; penalty. +Sec. +50-147.   Defense. +Division 2. Registration of Credit Services Organizations and Credit Access +Businesses. +Sec. +50-148.   Registration required. +Sec. +50-149.   Registration application. +Sec. +50-150.   Issuance and display of certificate of registration; presentment upon +request. +Sec. +50-151.   Expiration and renewal of certificate of registration. +Sec. +50-151.1.   Nontransferability. +Division 3. Miscellaneous Requirements for Credit Services Organizations and +Credit Access Businesses. +Sec. +50-151.2.   Maintenance of records. +Sec. +50-151.3.   Consumer right to copy of agreement. +Sec. +50-151.4.   Restrictions on extensions of consumer credit. +Sec. +50-151.5.   Referral to consumer credit counseling. +Sec. +50-151.6.   Restrictions on non-deferred presentment or motor vehicle title +loan extensions of consumer credit. +Sec. +50-151.7.   Compliance required. +ARTICLE XII. +STREET VENDORS. +Division 1. In General. +Sec. +50-152.   Declaration of policy. +Sec. +50-153.   General authority and duty of the director. +Sec. +50-154.   Authority to inspect. +Sec. +50-155.   Offenses; penalties. +Sec. +50-156.   Article cumulative. +Sec. +50-157.   Definitions. +Division 2. Vending on Public Property. +Sec. +50-158.   Vendors on public property. +Sec. +50-159.   Restrictions for mobile food establishments. +Division 3. Vending on Private Property. +Sec. +50-160.   Vendors on private property. +Division 4. Entertainment in the Central Business District. +Sec. +50-161.   Entertainment performances in the central business district. +Division 5. Central Business District Concession Licenses. +Sec. +50-162.   Central business district concession license. +Sec. +50-163.   License application; investigation. +Sec. +50-164.   License issuance; fees; transferability; vending location sites; +license expiration. +Sec. +50-165.   Suspension. +Sec. +50-166.   Revocation. +Sec. +50-167.   Appeal. +Division 6. Miscellaneous Requirements for Street Vendors in the Central +Business District. +Sec. +50-168.   Identification badges required. +Sec. +50-169.   Duties and conduct of street vendors. +Sec. +50-170.   Dress standards for street vendors. +Sec. +50-171.   Vehicles and equipment. +Sec. +50-172.   Signs and advertising devices. +ARTICLE I. +CONSUMER AFFAIRS ADMINISTRATION. +SEC. 50-1.   DIRECTOR. +   For the purpose of this chapter, the word “director” shall mean the director +of the department designated by the city manager to enforce and administer this +chapter or the director’s authorized representative. (Ord. Nos. 13795; 17226) +SEC. 50-2.   ASSISTANTS AND ADDITIONAL PERSONNEL. +   The director shall appoint such assistants as he shall determine are +necessary. Additional personnel will be provided as is customary in other +departments, and subject to the provisions of the civil service rules and +regulations of the city. (Ord. 13795) +SEC. 50-3.   POWERS OF THE DIRECTOR. +   (a)   The director shall enforce all laws concerning weights and measures. +   (b)   Reserved. +   (c)   The director shall plan, make recommendations, conduct research and +develop programs for consumer education and protection, facilitate the exchange +and dissemination of information in consultation with agencies, federal and +state officials, commercial interest, private groups and others working in this +field and coordinate the consumer protection activities of other city +departments. +   (d)   The director shall enforce all laws relating to unfair methods of +competition and unfair or deceptive acts or practices in the conduct of any +trade or commerce; in addition he shall receive and evaluate complaints and +initiate his own investigations relating to these matters and take appropriate +action, including referral to a federal or state agency. +   (e)   The director, in the performance of his duties, shall be authorized to +issue subpoenas and investigative demands to any person, administer an oath or +affirmation to any person, conduct hearings in aid of any investigation or +inquiry, prescribe such forms and promulgate such rules and regulations as may +be necessary to carry out the powers and duties of the department, which rules +and regulations shall have the force of law; provided that none of the powers +conferred by this chapter shall be used for the purpose of compelling any +natural person to furnish testimony or evidence which might tend to incriminate +him or subject him to a penalty or forfeiture; and provided further that +information obtained pursuant to the powers conferred by this chapter shall not +be made public or disclosed by the director beyond the extent necessary for law +enforcement purposes in the public interest. (Ord. Nos. 13795; 17226) +SEC. 50-4.   POWER TO SEIZE. +   Where any duty is placed upon the director under this chapter or any +ordinance of the city, the same may be performed by any assistant. The director +and the director’s assistants are granted the power to seize, without warrant, +for evidence any object or thing involved in an unfair or deceptive act or +practice in the conduct of any trade or commerce. (Ord. Nos. 13795; 19312; +21172) +ARTICLE II. +RESERVED. +SECS. 50-5 THRU 50-35. RESERVED. +   (Repealed by Ord. 21172) +ARTICLE III. +RESERVED. +SECS. 50-36 THRU 50-71. RESERVED. +   (Repealed by Ord. 18252) +ARTICLE IV. +CONSUMER PROTECTION. +SEC. 50-72.   DEFINITIONS. +   For the purpose of this article the following words and phrases shall have +the meanings respectively ascribed to them by this section: +   (a)   PERSONS means natural persons, corporations, trusts, partnerships, +incorporated or unincorporated associations, and any other legal entity. +   (b)   TRADE and COMMERCE mean the advertising, offering for sale, rent, +lease, sale, or distribution of any services and any property, tangible or +intangible, real, personal or mixed, and any other article, commodity, or thing +of value wherever situate, and shall include any trade or commerce directly or +indirectly affecting the people of this city. +   (c)   DOCUMENTARY MATERIAL means the original or a copy of any book, record, +report, memorandum, paper, communication, tabulation, map, chart, photograph, +mechanical transcription or other tangible document or recording, wherever +situate. +   (d)   EXAMINATION OF DOCUMENTARY MATERIAL shall include the inspection, +study, or copying of any such material, and the taking of testimony under oath +or acknowledgment with respect to any such documentary material or copy +thereof. (Ord. 13795) +SEC. 50-73.   UNLAWFUL ACTS OR PRACTICES. +   No person shall engage in one or more of the following unfair or deceptive +acts or practices in the conduct of any trade or commerce: +   (a)   Causing confusion or misunderstanding or likelihood of confusion or +misunderstanding as to the source, sponsorship, approval, or certification of +goods, or services; +   (b)   Causing confusion or misunderstanding or likelihood of confusion or +misunderstanding as to affiliation, connection or association with, or +certification by another; +   (c)   Using deceptive representations or designations of geographic origin +in connection with goods or services; +   (d)   Representing that goods or services have sponsorship, approval, +characteristics, ingredients, uses, benefits, or quantities that they do not +have or that a person has a sponsorship, approval, status, affiliation, or +connection that he does not have; +   (e)   Disparaging the goods, services, or business of another by false or +misleading representation of fact; +   (f)   Engaging in any other conduct in trade or commerce which creates +confusion or misunderstanding or the likelihood of confusion or +misunderstanding; +   (g)   The sale of goods or services to a consumer and the subsequent failure +of the seller or solicitor to honor his express and implied warranties with +respect to such goods or services. (Ord. 13795; Ord. 14369) +SEC. 50-74.   INTERPRETATION. +   (a)   This article shall be liberally construed and applied to promote its +purpose and policies. It is the intent of the city council that in construing +Section +50-73 of this article due consideration and great weight shall be given to the +interpretations of the federal trade commission and the federal courts relating +to Section 5(a)(1) of the Federal Trade Commission Act (15 U.S.C. 45(a)(1), as +from time to time amended; and +   (b)   The director may make rules and regulations interpreting the +provisions of Section +50-73 of this article. Such rules and regulations shall not be inconsistent +with the rules, regulations and decisions of the federal trade commission and +the federal courts in interpreting the provisions of Section 5(a)(1) of the +Federal Trade Commission Act (15 U.S.C., 45(a)(1), as from time to time +amended. (Ord. 13795) +SEC. 50-75.   ADVERTISING - DISCLOSURE OF NAME AND ADDRESS. +   Whenever any person who is engaged in retail sales within the city +advertises in print within the city, goods or services for sale to the public, +the advertisement shall include the name of the advertiser and the permanent +street address of the advertiser if such street address is not listed under the +advertiser’s name in the current city of Dallas telephone directory. If the +name of the advertiser is different than the name of the owner of the business +advertised, and such business is not a corporation holding a permit to do +business in this state or the advertiser is not registered with the county +clerk of Dallas county as an assumed name, then the true name and permanent +address of the owner shall be included in the advertisement. Nothing in this +section shall apply to advertising in a classified section of a newspaper. +(Ord. Nos. 13795; 13827) +SEC. 50-76.   EXEMPTION. +   Nothing in this article shall apply to acts done by the publisher, owner, +agent, or employee of a newspaper, periodical or radio or television station in +the publication or dissemination of an advertisement, when the owner, agent or +employee did not have knowledge of the false, misleading or deceptive character +of the advertisement, did not prepare the advertisement, and did not have a +direct financial interest in the sale or distribution of the advertised product +or service. (Ord. 13795) +SEC. 50-77.   INVESTIGATION. +   (a)   When it appears to the director that a person has engaged in, is +engaging in, or is about to engage in any act or practice declared to be +unlawful by this article, or when he believes it to be in the public interest +that an investigation should be made to ascertain whether a person in fact has +engaged in, is engaging in, or is about to engage in, any act or practice +declared to be unlawful by this article, he may execute in writing and cause to +be served upon any person who is believed to have information, documentary +material or physical evidence relevant to the alleged or suspected violation, +an investigative demand requiring such person to furnish, under oath or +otherwise, a report in writing setting forth the relevant facts and +circumstances of which he has knowledge, or to appear and testify or to produce +relevant documentary material or physical evidence for examination, at such +reasonable time and place as may be stated in the investigative demand, +concerning the advertisement, sale or offering for sale of any goods or +services or the conduct of any trade or commerce that is the subject matter of +the investigation. +   (b)   Failure or refusal to comply with the investigative demand made +pursuant to the provisions of Subsection (a), above, shall be deemed a +violation of this chapter. (Ord. 13795) +SEC. 50-78.   RESERVED. +   (Ord. Nos. 13795; 21172) +ARTICLE V. +WOOD VENDORS. +SEC. 50-79.   DEFINITIONS. +   In this article: +      (1)   CORD means the amount of wood that is contained in a space of 128 +cubic feet, when the wood is ranked and well-stowed and one-half the kerf of +the wood is included. +      (2)   ESTABLISHMENT means any building, motor vehicle, freight car, or +stand where fuel wood is sold or offered for sale by a retail dealer. +      (3)   FUEL WOOD means wood offered for sale by a retail dealer and +represented by the retail dealer as being suitable for use as fuel. +      (4)   PERSON means any individual, assumed named entity, partnership, +joint venture, association, or corporation. +      (5)   RETAIL DEALER means any person who both sells and delivers fuel +wood to the ultimate consumer. (Ord. Nos. 13795; 21172) +SEC. 50-80.   LICENSE REQUIRED. +   No retail dealer shall sell fuel wood in the city without first obtaining a +wood vendor’s license, nor shall a retail dealer sell fuel wood in the city +after his license has been revoked. (Ord. 13795) +SEC. 50-81.   APPLICATION; ISSUANCE, NON-TRANSFERABILITY. +   (a)   Application for a wood vendor’s license shall be made to the director +upon a form prescribed and supplied by him, which shall include the following +information: The retail dealer’s name, the address and telephone number of his +business establishment(s), the address and telephone number of the retail +dealer’s residence if he does not have a business establishment with an +address, the license numbers of all vehicles used in delivering fuel wood, and +the method of distribution. +   (b)   When an application for a license, or renewal thereof, has been filed +with the director in proper form, the director shall within a period of 10 days +from the date of filing approve or deny said application. If the application is +denied, the director shall send to the applicant by certified mail, return +receipt requested, a written statement setting forth the reasons for the +denial. +   (c)   Each license issued pursuant to this article shall be numbered and +shall expire on August 31st of each year. +   (d)   No license issued pursuant to this article shall be transferable. +(Ord. 13795) +SEC. 50-82.   FEE. +   The applicant shall pay an annual permit fee of $82. The fee for issuing a +replacement license for a lost, destroyed, or mutilated license is $20. The fee +is payable to the director at the time the license is issued. No refund of +license fees shall be made. (Ord. Nos. 13795; 16700; 29879; 31332; 32556) +SEC. 50-83.   SIGNS; DISPLAY; ISSUANCE. +   (a)   All vehicles used by a retail dealer in the business of selling fuel +wood, shall have posted on the door to the driver’s side, in a form and size +prescribed by the director, the retail dealer’s wood vendor’s license number. +   (b)   Upon issuance of a license, the director shall furnish one magnetic +sign each retail dealer. (Ord. 13795) +SEC. 50-84.   SALE OF FUEL WOOD - INVOICES. +   Upon each sale of fuel wood, the retail dealer shall provide the purchaser +with an invoice showing the following information: The name and address of the +retail dealer; his wood vendor’s license number; the amount of fuel wood sold; +and the selling price of the fuel wood. (Ord. 13795) +SEC. 50-84.1.   SALE OF FUEL WOOD - UNIT REQUIREMENT. +   A person commits an offense if he sells, offers for sale, or exposes for +sale any wood intended for fuel purposes other than by the cord or fraction of +a cord. (Ord. 21172) +SEC. 50-85.   REFUSAL TO ISSUE OR RENEW LICENSE; REVOCATION. +   The director shall refuse to approve issuance or renewal of a wood vendor’s +license to any applicant, and shall revoke the license of a retail dealer, upon +determination that the applicant or retail dealer has been convicted of a +violation of this article, Section 50-13, or Section 50-26 of this chapter +twice within a two year period; or upon determination that the applicant or +retail dealer has made any false statement as to a material matter in an +application for a license or renewal thereof. (Ord. 13795) +SEC. 50-86.   APPEAL. +   In the event the director shall refuse to approve the issuance of an +original license or the renewal of a license to any applicant, or revokes the +license issued to any retail dealer under this article, this action shall be +final unless the retail dealer files an appeal with a permit and license appeal +board in accordance with Section +2-96 of this code. (Ord. Nos. 13795; 18200) +ARTICLE VI. +COIN-OPERATED DEVICES. +SEC. 50-87.   DEFINITIONS. +   For the purpose of this article, the following words and phrases shall have +the meanings ascribed to them by this section: +   (a)   COIN-OPERATED DEVICE means any device that will accept a coin or paper +money in exchange for any commodity, thing, or service. +   (b)   COIN-OPERATED TIMING DEVICE means any device that measures the time +during which a particular service duly purchased is provided. +   (c)   OPERATOR means any person, firm, company, association or corporation +that exhibits, displays or permits to be exhibited or displayed in the city at +his or its place of business or upon premises under his or its control, any +“coin-operated device” for customer use. +   (d)   OWNER means any person, firm, company, association or corporation +owning or having the care, control, or management of any “coin-operated device” +in the city. +   (e)   UNATTENDED COIN-OPERATED DEVICE means any such device in a location +where there is no person readily available who is authorized to make rebates to +users when such device malfunctions. (Ord. 13795) +SEC. 50-88.   DESIGN AND CONSTRUCTION. +   No owner shall display or permit to be displayed in the city any coin- +operated device that dispenses any commodity, thing, or service unless such +device is of such materials, design, and construction as to make it reasonably +certain under normal operating conditions that: +   (a)   accuracy will be maintained as to quantity dispensed or interval of +service provided. +   (b)   operating parts will continue to function as intended; and +   (c)   any adjustments required will remain reasonably permanent. (Ord. +13795) +SEC. 50-89.   MAINTENANCE. +   The owner of a coin-operated device displayed in the city for customer use +shall continuously maintain such device in proper operating condition. (Ord. +13795) +SEC. 50-90.   OPERATING INSTRUCTIONS. +   The owner of any coin-operated device displayed in the city for customer use +which may fail to operate properly, except when special precautions are +observed, shall prominently and conspicuously mark such device with suitable +operating instructions that include such precautions. (Ord. 13795) +SEC. 50-91.   INSTRUCTIONS FOR REPORTING FAULTY OPERATION. +   The owner or operator shall prominently display, at all locations where +unattended coin-operated devices are displayed for customer use in the city, +complete instructions for reporting to him the failure of any such device to +function properly. Said instructions shall include the name and either the +address or telephone number of the person, firm, corporation, or organization +responsible for operation. It shall be the duty of the owner or operator of +said devices to rebate all money paid for commodities or services not received, +but the owner or operator may elect to check the device before making any +rebate; provided that the device must be checked promptly, so that a rebate to +which a customer is entitled will be made within 10 days from the time he +applies for it. (Ord. 13795) +SEC. 50-92.   STATEMENT OF RATES. +   At the location of any coin-operated timing device displayed in the city for +customer use, where time is a critical factor in the use of the service +provided, the owner or operator shall clearly, prominently, and conspicuously +display the price in terms of money per unit or units of time for the service +provided. (Ord. 13795) +SEC. 50-93.   UNLAWFUL TO DEFACE SIGNS. +   It shall be unlawful for any person to deface, destroy, or remove any signs +placed pursuant to the requirements of this article by the owner or operator at +the location where unattended coin operated devices are displayed for customer +use in the city. (Ord. 13795) +SEC. 50-94.   EXEMPTIONS. +   The following coin-operated devices shall be exempt from the terms of this +article: +   (a)   all music and skill or pleasure coin-operated machines displayed in +establishments where alcoholic beverages are sold or served for on-premises +consumption; +   (b)   all game type coin-operated devices, including, but not limited to, +pinball machines, marble boards, miniature race track, football, golf and +bowling machines; and all juke boxes; +   (c)   all coin-operated devices which are owned by a federal, state, or +local government agency; +   (d)   all coin-operated devices owned by a public utility operating under a +franchise granted by the city or other public body. (Ord. 13795) +SEC. 50-95.   PENALTY. +   A person who violates any provision of this article is guilty of an offense +and, upon conviction, is punishable by a fine of not less than $20 nor more +than $100. For any second or subsequent conviction, a person is punishable by a +fine of not less than $50 nor more than $500. (Ord. Nos. 13795; 19963) +ARTICLE VII. +MAIL ORDER SALES. +SEC. 50-96.   PROHIBITED ACTS. +   (a)   No person (including any business entity), who conducts a mail order +or catalog business in or from the city or advertises a city mailing address, +shall accept money through the mails from a consumer for merchandise ordered by +mail or telephone and then permit six weeks to elapse without: +      (1)   delivering or mailing the merchandise ordered; or +      (2)   making a full refund; or +      (3)   sending the customer a prior letter or notice advising him of the +duration of an expected delay or the substitution of merchandise of equivalent +or superior quality, and offering to send him a refund within one week if he so +requests; or +      (4)   sending the consumer substituted merchandise of equivalent or +superior quality, with a guarantee that should the merchandise be unacceptable, +the seller will accept the return of the merchandise at the seller’s expense +and that the purchase price will be refunded. +   (b)   For purposes of Subparagraphs (a)(3) and (a)(4), above, merchandise +may not be considered of “equivalent or superior quality” if it is not +substantially similar to the goods ordered, or not fit for the purposes +intended, or if the seller normally offers the substituted merchandise at a +price lower than the price of the merchandise ordered. (Ord. 13795) +SEC. 50-97.   EXCEPTIONS. +   Sec. 50-95 shall not apply to: +   (a)   merchandise ordered pursuant to an open-end credit plan as defined in +the Federal Consumer Credit Protection Act or any other credit plan pursuant to +which the consumer’s account was opened prior to the mail order in question, +and under which the creditor may permit the customer to make purchases from +time to time from the creditor or by use of a credit card; or +   (b)   when all advertising for the merchandise contains a notice (which, in +the case of printed advertising, shall be in a type size at least as large as +the price) that a delay may be expected of a specified period. In such case, +one of the events described in Section +50-95(a)(1) through (a)(4) must occur no later than one week after expiration +of the period specified in the advertisement; or +   (c)   merchandise, such as quarterly magazines, which by their nature are +not produced until a future date and for that reason cannot be stocked at the +time of order; or +   (d)   installments other than the first, of merchandise, such as magazine +subscriptions, ordered for serial delivery. (Ord. 13795) +SEC. 50-98.   FAILURE TO DISCLOSE LEGAL NAME AND ADDRESS. +   No person (including any business entity), who conducts a mail order or +catalog business in or from the city or advertises a city mailing address, for +such business, shall fail to disclose the legal name of the company and the +complete street address from which the business is actually conducted, in all +advertising or other promotional materials containing a post office box +address, including order blanks and forms, unless the person or business entity +has its address currently listed in the city of Dallas telephone directory. +(Ord. 13795) +ARTICLE VIII. +ELECTRONIC REPAIRS. +SEC. 50-99.   DEFINITIONS. +   For the purpose of this article, the following words and phrases shall have +the meanings respectively ascribed to them by this section: +   (a)   DIRECTOR means the director of the department designated by the city +manager to enforce and administer this article or the director’s authorized +representative. +   (b)   ELECTRONIC EQUIPMENT means electronic apparatus normally used or sold +for use by individuals for entertainment purposes, including, but not limited +to, televisions, radios, tape players, recorders or decks, phonograph +equipment, and antenna receiving systems. +   (c)   ELECTRONIC REPAIR means the repairing, servicing, or maintaining of +electronic equipment, including the pick-up and delivery of electronic +equipment from locations within the city for the purpose of repairing, +servicing or maintenance. +   (d)   LICENSE means an electronic repair license. +   (e)   LICENSEE means a person licensed to engage in the electronic repair +business under the provisions of this article. +   (f)   PERSON means any individual, assumed name entity, partnership, joint- +venture, association or corporation. +   (g)   PICK-UP AND DELIVERY CHARGE means the fee charged by a licensee for +the removal of electronic equipment from the home of a customer for the +purposes of repair, transportation to the service dealer’s place of business +and return to the home of the customer. +   (h)   SERVICE CHARGE means the total of fees charged by a service dealer for +his transportation to and from the premises of a customer and the first 30 +minutes of examination and repair of one piece of electronic equipment which he +performs on the premises of the customer. Any other term used to describe a +service charge shall include these items. (Ord. Nos. 13966; 16476; 17226) +SEC. 50-100.   LICENSE - REQUIRED; TRADE NAME REGISTRATION. +   (a)   No person shall own, maintain, conduct, operate, or engage in an +electronic repair business, or hold himself out as being able to do so within +the city, without first obtaining an electronic repair license from the +director. Should such person maintain more than one electronic repair +establishment, a duplicate license shall be required for each additional +establishment operating under the same trade name. A separate license shall be +required for establishments operating under different trade names. The license +issued to an electronic repair establishment shall authorize the establishment +and all its bona fide employees to engage in the business of electronic repair. +   (b)   A licensee shall register with the director the trade name of his +electronic repair establishment. (Ord. Nos. 13966; 17393) +SEC. 50-101.   FEES. +   The annual fee for an electronic repair license is $126. The fee for issuing +a duplicate license for additional establishments or for a lost, destroyed, or +mutilated license is $0. The fee is payable to the director upon issuance of a +license. No refund of license fees shall be made. (Ord. Nos. 13966; 15970; +16476; 18411; 18876; 19300; 29879; 31332; 32556) +SEC. 50-102.   LICENSE - APPLICATION, ISSUANCE, AND RENEWAL. +   (a)   An applicant for a license shall file with the director, a written +application upon a form provided for that purpose, which shall be signed by the +applicant or his local authorized agent, who shall be an individual responsible +for the operation of applicant’s local electronic repair business. The +following information shall be required in the application: +      (1)   name, address, and telephone number of the applicant, including the +trade name by which applicant does business and the street address of all +repair establishments, and if incorporated, the name registered with the +secretary of state; +      (2)   type of electronic equipment repaired by applicant; +      (3)   a statement indicating whether any owner, proprietor, or current +employee of applicant has been convicted for violation of this article; +      (4)   a statement whether an electronic repair license issued to +applicant or any proprietor, partner or corporate officer of applicant, has +been revoked within one year preceding the date of application; and +      (5)   a statement that applicant engages in the lawful business of +electronic repair and that all facts stated in the application are true. +   (b)   An applicant shall be required to maintain a permanent and established +place of business at a location where an electronic repair business is not +prohibited by municipal ordinance and for which any store license and tax +permit, if required by law, has been issued and is in force. +   (c)   When an application for a license, or renewal thereof, has been filed +with the director in proper form, the director shall, within a period of 30 +days from the date of filing, approve the application or if he finds any of the +facts listed in Section +50-105 to be true, deny the application. If the application is denied, the +director shall send to the applicant by certified mail, return receipt +requested, a written statement setting forth the reasons for the denial. +   (d)   Repealed by Ord. 16476. +   (e)   The director may, at any time, require additional information of a +licensee or an applicant, to clarify the items on the application. (Ord. Nos. +13966; 16476) +SEC. 50-103.   LICENSE - DISPLAY, DUPLICATES, TRANSFERABILITY; EMPLOYEE +IDENTIFICATION. +   (a)   Each license issued pursuant to this article shall be posted and kept +in a conspicuous place in the electronic repair establishment. +   (b)   A duplicate license may be issued for one lost, destroyed or mutilated +upon application therefor on a form prescribed by the director. Each duplicate +license shall have the word “duplicate” stamped across the face thereof and +shall bear the same number as the one it replaces. +   (c)   No electronic repair license shall be assignable or transferable. +   (d)   Every licensee, within 10 days after a change or partial change in +local ownership or management of the electronic repair business, or if there be +no local ownership, then a change in the authorized agent referred to in +Section +50-102(a), or a change of address or trade name, shall notify the director of +any such change. +   (e)   Every licensee shall provide each of its electronic repair employees +with an identification card which identifies that person as an employee of the +licensee. The licensee’s license number shall be prominently printed on the +face of the card, and employees shall carry these cards with them at all times +while in the course of their employment. (Ord. 13966) +SEC. 50-104.   POWERS AND DUTIES OF THE DIRECTOR. +   In addition to the powers and duties elsewhere prescribed in this chapter, +the director shall be required to: +   (a)   administer and enforce all provisions of this article; +   (b)   keep all records of all licenses issued, suspend or revoke; +   (c)   adopt such rules and regulations, after reasonable notice to +licensees, not inconsistent with the provisions of this article, with respect +to the form and content of applications for licenses, the receipt thereof, the +investigation of applicants, and other matters incidental or appropriate to his +powers and duties as may be necessary for the proper administration and +enforcement of the provisions of this article; and +   (d)   conduct, on his own initiative, periodic investigations of electronic +repair establishments throughout the city, concerning their compliance with +this article. (Ord. 13966) +SEC. 50-105.   LICENSE - REFUSAL TO ISSUE OR RENEW. +   The director shall refuse to approve issuance or renewal of an electronic +repair license for any one or more of the following reasons: +   (a)   conviction twice within a two year period of the licensee, applicant +or any current employee thereof for a violation of any provision of this +article. Notice shall be given to a licensee on the date any formal charges are +filed against any employee of the licensee; +   (b)   the making of any false statement as to a material matter in an +application for a license, or renewal thereof, or in a hearing in connection +therewith; +   (c)   revocation of a license, pursuant to this article, or the applicant, +or any proprietor, partner or corporate officer therein, within one year +preceding application; or +   (d)   use by the licensee of any trade name for his electronic repair +business other than the one registered with the director. (Ord. 13966) +SEC. 50-106.   LICENSE - REVOCATION. +   (a)   An electronic repair license shall be revoked by the director for any +one or more of the following reasons: +      (1)   the making of any false statement as to a material matter in an +application for a license, renewal thereof, or a hearing concerning the +license; +      (2)   conviction twice within a two year period of the licensee or any +current employee thereof, of a violation of any provisions of this article. +Notice shall be given to a licensee on the date any formal charges are filed +against any employee of the licensee; or +      (3)   use by the licensee of any trade name for his electronic repair +business other than the one registered with the director. +   (b)   Written notice of such revocation shall be sent by the director to the +licensee by certified mail, return receipt requested, setting forth the reasons +for the revocation. (Ord. 13966) +SEC. 50-107.   LICENSE - APPEAL FROM REFUSAL TO ISSUE OR RENEW; FROM DECISION +TO REVOKE. +   In the event the director shall refuse to approve the issuance of an +original license or the renewal of a license to any applicant, or revokes the +license issued to any licensee under this article, this action shall be final +unless the licensee files an appeal with a permit and license appeal board in +accordance with Section +2-96 of this code (Ord. Nos. 13966; 18200) +SEC. 50-108.   DISCLOSURE REQUIRED FOR REPAIRS ON PREMISES OF OWNER. +   Prior to work being performed on electronic equipment on the premises of the +owner of the electronic equipment, the owner, or his agent shall be furnished a +written schedule of charges, if such charges are made, to include the following +items: +      (1)   service charge; +      (2)   hourly labor charge with an explanation of fractional hour charges +or a flat labor charge; +      (3)   charges for making an estimate of repairs; and +      (4)   itemized lists of any and all other charges other than parts; +provided that, if a list of parts installation charges is on file in the office +of the director, such parts installation charges are not required to be +itemized on the schedule. Such lists on file with the director shall be kept +confidential. +   Upon completion of electronic repair work performed on the premises of the +owner, the owner or his agent shall be furnished a written statement showing +total charges for items (1), (2), (3), and (4), above, including any +installation charges, if such charges are made, and this statement shall +include a list of all parts supplied, described with reasonable particularity +and identified by part name and designation as to whether new or used parts +were installed. If neither the owner nor his agent is present, the schedule of +charges and the statement shall be left at the premises. (Ord. 13966) +SEC. 50-109.   DISCLOSURE, REQUIRED FOR REPAIRS IN LICENSEE’S ESTABLISHMENT. +   (a)   When electronic equipment must be removed from the premises of the +owner to an electronic repair establishment for repairs, or when electronic +equipment is delivered to an electronic repair establishment by the owner of +such equipment, or his agent, the licensee shall, before removing or taking +custody of the equipment, furnish the owner or his agent a written estimate of +time to complete repairs and a written schedule of charges, if such charges are +made, and are applicable, to include the following items: +      (1)   service charge; +      (2)   pick up and delivery charge; +      (3)   charges for making an estimate of repairs; +      (4)   storage charges; +      (5)   total charges for release of equipment to be repaired in the event +it is not repaired; +      (6)   hourly labor charge or flat labor charge; and +      (7)   itemized list of any and all other charges, other than parts; +provided that, if a list of parts installation charges is on file in the office +of the director, such parts installation charges are not required to be +itemized on the schedule. Such lists on file with the director shall be kept +confidential. +   (b)   Prior to work being performed, the licensee shall provide the owner or +his agent, either in writing or by telephone, an estimate of total charges for +repairs. After receiving the estimate, the owner or his agent may either +authorize the repairs at the estimate cost or request return of his equipment +in reasonably the same condition as when released to the licensee, in which +case the licensee shall receive payment only for those items on the schedule of +charges to which he is entitled. Total charges for repairs made shall not +exceed the original estimate or any subsequent estimate by more than 10 percent +unless the owner is notified by telephone or in writing and authorizes the +increased cost estimate. If the owner authorizes an estimate or time of +completion of repairs by telephone, the licensee or his agent shall record in +writing on the work order or invoice, the date, time, name of person +authorizing repairs, and the telephone number called. +   (c)   Should the licensee be unable to complete the repairs in the time +estimated, he shall notify the owner of this fact, at which time the owner may +request return of his equipment in reasonably the same condition as when +released to the licensee, in which case the licensee shall receive payment for +those items on the schedule of charges to which he is entitled only. Upon the +above request being made by the owner, if the licensee originally picked up the +equipment from the owner’s premises, he shall return the equipment to the +owner’s premises within two working days from date of request. (Ord. Nos. +13966; 16476) +SEC. 50-110.   DETAILED STATEMENT REQUIRED; RETURN OF REPLACED PARTS. +   All work performed by a licensee shall be recorded on a statement describing +all service work done and all parts supplied with reasonable particularity, +identifying parts by name, designating whether new or used parts were +installed, and indicating the exact charge for each part or service. One copy +shall be given to the customer and one copy retained by the licensee for a +period of at least one year. The licensee shall return replaced parts, other +than the picture tube, to the customer, except such parts as the licensee is +required to return to the manufacturer or distributor under a warranty or +exchange arrangement. (Ord. 13966) +SEC. 50-111.   UNNECESSARY REPAIRS; FALSE REPRESENTATION OF WORK. +   (a)   A person shall not intentionally make repairs upon electronic +equipment that are not bona fide and necessary to correct the malfunction for +repair of which his services were sought. This subsection does not apply to +replacement of weak parts of electronic equipment upon disclosure of the +weakness and authorization of the owner. +   (b)   A person shall not represent that he has performed work or replaced a +part on electronic equipment if he has not performed the work or replaced the +part. (Ord. Nos. 13966; 16476) +SEC. 50-112.   ADVERTISING. +   (a)   An advertised fee, charge, or stipulation of no charge for any +electronic repair service involving a trip to the premises of a customer, shall +mean the total of fees charged by the licensee for his transportation to and +from the premises of a customer and the first 30 minutes of examination and +repair of one piece of electronic equipment which he performs on the premises +of the customer. +   (b)   It shall be unlawful for a licensee to advertise in any manner, the +fact that he is a holder of a city electronic repair license. (Ord. Nos. 13966; +14369) +ARTICLE IX. +MOTOR VEHICLE REPAIRS. +SEC. 50-113.   DEFINITIONS. +   For the purpose of this article, the following words and phrases shall have +the meanings respectively ascribed to them by this section: +   (a)   DIRECTOR means the director of the department designated by the city +manager to enforce and administer this article or the director’s authorized +representative. +   (b)   MAJOR COMPONENT means the engine (excluding accessories), +transmission, or differential gear of a motor vehicle. +   (c)   MOTOR VEHICLE means any self-propelled device in, upon, or by which +persons or property are or may be transported upon a highway, except devices +moved by human power or used exclusively upon stationary rails. +   (d)   MOTOR VEHICLE REPAIR means mechanical repair, alteration, or addition +of equipment or parts, which includes but is not limited to, tuneup, brake +work, transmission work, engine repair, body work, painting, and upholstering. +   (e)   LICENSEE means a person licensed to engage in the motor vehicle repair +business under the provisions of this article. +   (f)   PERSON means an individual, assumed name entity, partnership, joint- +venture, association, corporation, or other legal entity. (Ord. Nos. 14487; +17226) +SEC. 50-114.   LICENSE REQUIRED; TRADE NAME REGISTRATION. +   (a)   No person shall own, maintain, conduct, operate, or engage in the +business of motor vehicle repair for compensation within the city, or hold +himself out as being able to do so, or act as the agent for another who is +engaged in the motor vehicle repair business, or take custody of the motor +vehicle within the city for the purpose of repair without first obtaining a +motor vehicle repair license from the director. Should a person maintain a +motor vehicle repair establishment at more than one location, a duplicate +license is required for each additional location. The license issued to a motor +vehicle repair establishment authorizes the licensee and all its bona fide +employees to engage in the business of motor vehicle repair. +   (b)   A licensee shall register with the director the trade name of his +motor vehicle repair establishment and shall not use or permit to be used more +than one trade name at a single location. (Ord. 14487) +SEC. 50-115.   LICENSE APPLICATION, PLACE OF BUSINESS, ISSUANCE, RENEWAL, AND +EXPIRATION. +   (a)   An applicant for a license shall file with the director a written +application upon a form provided for that purpose, which shall be signed by the +applicant or his local authorized agent, who shall be an individual responsible +for the operation of applicant’s local motor vehicle repair business. Should an +applicant maintain a motor vehicle repair establishment at more than one +location, a separate application must be filed for each location. The following +information shall be required in the application: +      (1)   name, address, and telephone number of the applicant, including the +trade name by which applicant does business and the street address of the motor +vehicle repair establishment, and if incorporated, the name registered with the +secretary of state; +      (2)   a statement whether a motor vehicle repair license issued to +applicant or any proprietor, partner, or corporate officer of applicant, has +been revoked within one year preceding the date of application; and +      (3)   a statement that applicant engages in the business of motor vehicle +repair and that all facts stated in the application are true. +   (b)   An applicant is required to maintain a permanent and established place +of business at a location where a motor vehicle repair business is not +prohibited by the comprehensive zoning ordinance of the city. +   (c)   When an application for a license or license renewal has been filed +with the director in proper form, the director shall, within 30 days from the +date of filing approve or deny the application. If the application is denied, +the director shall send to the applicant by certified mail, return receipt +requested, a written statement setting forth the reasons for the denial. +   (d)   Repealed by Ord. 16476. +   (e)   The director may, at any time, require additional information of a +licensee or an applicant to clarify items on the application. (Ord. Nos. 14487; +16476) +SEC. 50-116.   FEES. +   The annual fee for a motor vehicle repair license is $122 for the first +location and $75 for a duplicate license for each additional location. The fee +for issuing a replacement license for one lost, destroyed, or mutilated is $25. +The fee is payable to the director upon issuance of a license. No refund of +license fees will be made. (Ord. Nos. 14487; 16476; 16700; 18411; 18876; 20076; +26598; 29879; 31332; 32556) +SEC. 50-117.   LICENSE DISPLAY, REPLACEMENT, AND TRANSFERABILITY. +   (a)   Each license issued pursuant to this article must be posted and kept +in a conspicuous place in the motor vehicle repair establishment. +   (b)   A replacement license may be issued for one lost, destroyed, or +mutilated upon application on a form provided by the director. A replacement +license shall have the word “replacement” stamped across its face and shall +bear the same number as the one it replaces. +��  (c)   A motor vehicle repair license is not assignable or transferable. +   (d)   A licensee shall notify the director within 10 days of a change or +partial change in local ownership or management of the motor vehicle repair +business, or if there is no local ownership, then a change in the authorized +agent referred to in Section +50-115(a), or a change of address or trade name. (Ord. 14487) +SEC. 50-118.   REFUSAL TO ISSUE OR RENEW LICENSE. +   The director shall refuse to approve issuance or renewal of a motor vehicle +repair license for one or more of the following reasons: +      (1)   a false statement as to a material matter intentionally made in an +application for a license; +      (2)   conviction twice within a two year period of the applicant or a +current employee of the applicant while he was in applicant’s employment for a +violation of a provision of this article; +      (3)   revocation of a license, pursuant to this article, of the +applicant, or a proprietor, partner, or corporate officer of the applicant, +within one year preceding application; or +      (4)   use by the licensee of a trade name for his motor vehicle repair +business other than the one registered with the director. (Ord. 14487) +SEC. 50-119.   LICENSE REVOCATION. +   (a)   The director shall revoke a motor vehicle repair license for one or +more of the following reasons: +      (1)   a false statement as to a material matter intentionally made in an +application for a license, license renewal, or a hearing concerning the +license; +      (2)   conviction twice within a two year period of the licensee or a +current employee of the licensee while he was in licensee’s employment for a +violation of a provision of this article; (Notice shall be given to a licensee +on the date formal charges are filed against an employee of the licensee. If +licensee discharges a convicted employee within one week after his second final +conviction, the license is not subject to revocation under this subparagraph.) +or +      (3)   use by the licensee of a trade name for his motor vehicle repair +business other than the one registered with the director. +   (b)   The director shall send written notice of a revocation to the licensee +by certified mail, return receipt requested, setting forth the reasons for the +revocation. (Ord. 14487) +SEC. 50-120.   APPEAL FROM REFUSAL TO ISSUE OR RENEW LICENSE; FROM DECISION TO +REVOKE LICENSE. +   If the director refuses to approve the issuance of a license or the renewal +of a license to an applicant, or revokes the license issued to a licensee under +this article, this action is final unless the applicant or licensee files an +appeal with a permit and license appeal board in accordance with Section +2-96 of this code. (Ord. Nos. 14487; 18200) +SEC. 50-121.   POWERS AND DUTIES OF THE DIRECTOR. +   In addition to the powers and duties elsewhere prescribed in this chapter +the director is required to: +      (1)   administer and enforce all provisions of this article; +      (2)   keep records of all licenses issued, suspended, or revoked; +      (3)   adopt rules and regulations, not inconsistent with the provisions +of this article, with respect to the form and content of applications for +licenses, the investigation of applicants, and other matters incidental or +appropriate to his powers and duties as may be necessary for the proper +administration and enforcement of the provisions of this article; and +      (4)   conduct, on his own initiative, periodic investigations of motor +vehicle repair establishments throughout the city concerning their compliance +with this article. (Ord. 14487) +SEC. 50-122.   SCHEDULE OF CHARGES. +   (a)   Before taking custody of a motor vehicle, the licensee or his agent, +shall provide the owner or his agent, with a written itemized schedule of +charges, if such charges are made, to include the following items: +      (1)   charges for making an estimate of repairs; +      (2)   total charges for release of the motor vehicle in a disassembled +state if it is not repaired; +      (3)   total charges for release of the motor vehicle in reasonably the +same condition as when delivered to licensee if repairs are not made; +      (4)   storage charges; +      (5)   towing charges; and +      (6)   itemized list of all other charges, other than those included in +the estimate. +   (b)   Except for the estimate price a licensee shall not charge a person for +a service not recorded on the schedule of charges. The licensee shall retain +one copy of the schedule of charges signed by the motor vehicle owner or his +agent for a period of one year. +   (c)   If the motor vehicle is brought to the licensee’s establishment by a +towing service, which is either an agent of the motor vehicle owner or an agent +of the licensee, and there is no opportunity for licensee to present a schedule +of charges to the owner before taking custody, the licensee shall provide, +either in writing or by telephone, a schedule of charges at the time of giving +the estimate of repairs. +   (d)   If a schedule of charges is given by telephone, the licensee or his +agent shall record in writing on the work order or invoice, the date, time, +name of the person authorizing repairs, and the telephone number called. (Ord. +Nos. 14487; 16476) +SEC. 50-123.   DISCLOSURE OF LOCATION OF REPAIRS, COST OF REPAIRS, TIME TO +COMPLETE. +   (a)   If none of the repairs are to be performed by licensee at licensee’s +establishment, then before taking custody of a motor vehicle, the licensee or +his agent shall disclose to the owner or his agent, the trade name, address, +and telephone number where the vehicle will be repaired. +   (b)   Before disassembling a major component of the motor vehicle, the +licensee or his agent shall disclose to the owner or his agent that a major +component of the motor vehicle will need to be disassembled in order for an +estimate to be made. +   (c)   Prior to repair work being performed on a motor vehicle, the licensee +or his agent shall provide the owner or his agent, either in writing or by +telephone, an estimate of total charges for repairs, not including sales tax, +and an estimate of time to complete the repairs. A licensee is not required to +give an estimate of total charges for repairs and an estimate of time to +complete repairs for a job of $15 or less. +   (d)   After receiving the estimate, the owner or his agent may either +authorize the repairs at the estimate of cost and time or request return of the +motor vehicle in a disassembled state or in reasonably the same condition as +when released to the licensee, in which case the licensee or his agent shall +make the motor vehicle available for possession within three working days from +the time of request, and shall receive payment only for those items on the +schedule of charges to which he is entitled. If authorization of an estimate of +total charges for repairs or an estimate of time to complete repairs is made by +telephone, the licensee or his agent shall record in writing on the work order +or invoice, the date, time, name of the person authorizing the repairs, and the +telephone number called together with a list of parts, labor, and the total +cost. +   (e)   A licensee shall not charge for repairs an amount exceeding the +estimate by more than 10 percent or $10, whichever is greater, unless the owner +or his agent is notified by telephone or in writing and authorizes the +increased cost estimate. If authorization of an increased cost estimate is made +by telephone, the licensee or his agent shall record in writing on the work +order or invoice, the date, time, name of the person authorizing the additional +cost, and the telephone number called together with a list of additional parts, +labor, and the total additional cost. +   (f)   Should the licensee be unable to complete the repairs in the time +estimated, he shall notify the owner or his agent of this fact, after which +notification the owner or his agent may request return of the motor vehicle in +either an assembled or disassembled state, in which case the licensee or his +agent shall make the motor vehicle available for possession within three +working days from the date of request and the licensee shall receive payment +for the work actually done and those items on the schedule of charges to which +he is entitled. If authorization of an extended estimate of time to repair is +made by telephone, the licensee or his agent shall record in writing on the +work order or invoice, the date, time, name of the person authorizing the +repairs, and the telephone number called. +   (g)   The licensee or his agent shall give the owner or his agent a copy of +all documents that require the signature of the owner or his agent at the time +the documents are signed. +   (h)   Other than the disclosures required by this article and the following +standard work order agreement provisions, if any other preprinted provision is +stipulated on a document which the customer signs it must be in eight point +type. If any provisions appear on a side other than that which the customer +signs, a notice must appear just above the customer’s signature calling +attention to additional terms and conditions and their location on the +document. For the purposes of this section, the standard work order agreement +provisions are as follows: +      (1)   authorization of repairs to be made; +      (2)   permission to operate motor vehicle; +      (3)   acknowledgment of mechanic’s lien to secure amount of repairs; and +      (4)   limitation on liability for loss or damage. (Ord. Nos. 14487; +16476) +SEC. 50-124.   DETAILED INVOICE REQUIRED; RETURN OF REPLACED PARTS. +   (a)   The licensee shall record all work performed on an invoice describing +all service work done and all parts supplied with reasonable particularity, +identifying parts by name and the exact charge for each. If used, rebuilt, or +reconditioned parts are supplied, the invoice shall clearly state that fact. +The licensee shall disclose the trade name, business address, and business +telephone number of the licensee on the invoice unless licensee has its address +currently listed in the city of Dallas telephone directory. One copy shall be +given to the customer and one copy retained by the licensee for a period of at +least one year. Invoices and records pertaining to the invoices shall be open +for reasonable inspection by the director. +   (b)   The licensee shall return replaced parts to the customer if requested +by the owner or his agent when the estimate is given, except those parts which +must be returned to the manufacturer or distributor under warranty or for +exchange. (Ord. 14487) +SEC. 50-125.   DISCLOSURE REQUIRED FOR WARRANTY. +   (a)   If a licensee provides a warranty or pro rata warranty on repair parts +and labor, he shall put it in writing and give a legible copy to the customer. +The customer’s copy of the warranty must contain: +      (1)   the nature and extent of the warranty including a description of +parts or services included or excluded from the warranty; +      (2)   the duration of the warranty and requirements to be performed by +warrantee before the warrantor will fulfill the warranty; +      (3)   all conditions, limitations, and the manner in which the warrantor +will fulfill the warranty, such as repair, replacement, or refund; +      (4)   any options of the warrantor or warrantee; and +      (5)   the warrantor’s identity and address. +   (b)   When repair or diagnostic work is performed pursuant to a warranty, +licensee shall give an estimate of time to complete the repairs as required in +Section +50-123. (Ord. 14487) +SEC. 50-126.   ADVERTISING. +   (a)   A licensee shall disclose in any published or broadcasted +advertisement relating to motor vehicle repair the following information: +      (1)   the name of the licensee, as shown on the license; +      (2)   the street address of the motor vehicle repair establishment unless +the licensee has its address currently listed in the city of Dallas telephone +directory; and +      (3)   if an establishment does not perform repairs on motor vehicles but +takes custody of motor vehicles and contracts all repairs to another, it must +advertised that it is a motor vehicle repair brokerage business. +   (b)   An advertisement by a licensee of a warranty which provides for +adjustment on a pro rata basis, shall conspicuously disclose the basis on which +the warranty will be prorated. +   (c)   It shall be unlawful for a licensee to advertise in any manner, the +fact that he is a holder of a city motor vehicle repair license. (Ord. 14487) +SEC. 50-127.   UNNECESSARY REPAIRS; CHARGING FOR WORK NOT PERFORMED. +   (a)   A person shall not intentionally make repairs upon a motor vehicle +which are not bona fide and not necessary to correct the malfunction for repair +of which his services were sought. +   (b)   A person shall not represent that he has performed work or replaced +parts on a motor vehicle when he has not performed the work or replaced the +parts. (Ord. 14487) +SEC. 50-128.   EXEMPTIONS. +   (a)   A person engaged in the business of adding fluids only to motor +vehicles is exempted from the provisions of this article. +   (b)   A licensee who enters into a contract with a commercial, industrial, +or governmental entity to repair motor vehicles belonging to the entity subject +to terms established in the contract, is exempted from the provisions of +Sections +50-122 and +50-123 while in the performance of repairs pursuant to the contract. (Ord. Nos. +14487; 16476) +SEC. 50-129.   SIGN GIVING CUSTOMER NOTICE REQUIRED. +   A licensee shall display a sign in a conspicuous place near the service +entrance where the customer normally brings his motor vehicle for repair work. +The sign shall be not less than 24 inches by 26 inches in size, with 72 point +bold face type used for the heading and 48 point bold face type used for the +wording in the list. The sign shall contain precisely the following words only: +IN COMPLIANCE WITH THE MOTOR VEHICLE REPAIR ORDINANCE OF THE CITY OF DALLAS +THIS FIRM IS PLEASED TO FURNISH EACH CUSTOMER WITH: +      (1)   AN ESTIMATE FOR COST OF ALL REPAIR WORK IN EXCESS OF $15.00. +      (2)   AN ESTIMATE OF TIME TO COMPLETE REPAIR WORK. +      (3)   A DETAILED INVOICE OF WORK DONE AND PARTS SUPPLIED. +      (4)   RETURN OF REPLACED PARTS OTHER THAN THOSE WHICH MUST BE RETURNED TO +THE MANUFACTURER OR DISTRIBUTOR IF REQUESTED AT THE TIME ESTIMATE IS GIVEN. +      (5)   A COPY OF ANY DOCUMENT THAT REQUIRES YOUR SIGNATURE. +(Ord. 14487) +SEC. 50-130.   PENALTY. +   Any person violating any provision of this article shall, upon conviction, +be subject to a fine of not less than $50 and not more than $500. (Ord. Nos. +14487; 19963) +ARTICLE X. +HOME REPAIR. +SEC. 50-131.   ARTICLE DEFINITIONS. +   The definition of a term in this section applies to each grammatical +variation of the term. In this article, unless the context requires a different +definition: +      (1)   DIRECTOR means the director of the department designated by the +city manager to enforce and administer this article or the director’s +authorized representative. +      (2)   CONTRACTOR means a person who contracts (whether written, oral, +express, or implied) to perform a home repair for another but does not include +a person who performs a home repair in the capacity of an employee. +      (3)   EMPLOYEE means a person in the service of another under a contract +for hire (whether written, oral, express, or implied) under circumstances in +which the employer has the power or right to control and direct the person in +the material details of performing the work. +      (4)   HOME REPAIR means the addition, improvement, remodeling, repair, or +replacement to an existing single-family or duplex dwelling or to the fixtures, +land, or other permanent structures that are part of the premises on which the +dwelling is located, and includes, but is not limited to, addition, +improvement, remodeling, repair, or replacement of driveways, swimming pools, +porches, garages, landscaping, fences, roofs, floor covering, and central heat +and air conditioning. Home repair does not include addition, improvement, +remodeling, repair, or replacement of removable appliances or furnishings (as +illustrated by, but not limited to, stoves, refrigerators, window air +conditioners, and draperies). +      (5)   HOME REPAIR LICENSE means a license issued under this article. +      (6)   LICENSEE means a person who holds a home repair license issued to +him under this article. +      (7)   OWNER means a person who is entitled under a contract (whether +written, oral, express, or implied) to the performance of a home repair. +      (8)   PERSON means an individual, corporation, government or governmental +subdivision, agency, trust, partnership, of two or more persons having a joint +or common economic interest. (Ord. Nos. 16476; 17226) +SEC. 50-132.   ADMINISTRATION OF ARTICLE. +   The director shall administer and enforce this article and may establish +such rules, not inconsistent with this article, as he determines are necessary +to implement this article. (Ord. 14990) +SEC. 50-133.   ARTICLE CUMULATIVE. +   This article is cumulative of other city ordinances and does not affect the +operation of other city ordinances applicable to persons or activity regulated +under this article. (Ord. 14990) +SEC. 50-134.   HOME REPAIR LICENSE REQUIRED. +   A person who is not a licensee shall not perform, agree to perform, or +advertise or represent that he will perform a home repair for compensation. +(Ord. Nos. 14990; 16476) +SEC. 50-135.   LICENSE EXEMPTIONS. +   (a)   A person who is not a licensee may perform or agree to perform a home +repair for compensation if: +      (1)   city licensing of persons engaged in the kind of home repair +performed or agreed to be performed is prohibited under state law; +      (2)   he is an electrical contractor or plumbing contractor licensed or +registered under city ordinance, and the kind of home repair performed or +agreed to be performed is authorized by the city license or registration; or +      (3)   he is an employee of the contractor or owner. +   (b)   This section does not exempt a person from the duty to comply with +Sections +50-141 and +50-142 or from prosecution under Section +50-143(a)(2), (3), (4), (5) or (6). (Ord. 14990) +SEC. 50-136.   LICENSE APPLICATION, EXPIRATION, AND RENEWAL. +   (a)   A person may not obtain a home repair license unless he applies for a +license in the manner prescribed by this section. +   (b)   Repealed by Ord. 16476. +   (c)   A person desiring to obtain a home repair license shall file with the +director a written, verified application on a form supplied by the director +containing the following: +      (1)   name, address, and telephone number of the individual filing the +application; +      (2)   business or trade name, address, and telephone number of the +applicant; +      (3)   form of business of the applicant and: +         (A)   if an unincorporated association, the names and addresses of the +associates; +         (B)   if a corporation, the registered name of the corporation; or +         (C)   if an individual proprietorship, the name and address of the +proprietor; +      (4)   name and address of an individual designated by the applicant to +receive notice issued under this article; +      (5)   signature of the applicant; and +      (6)   such other information as the director determines is necessary to +evaluate the license application or to otherwise promote effective +administration or enforcement of this article. +   (d)   A licensee desiring to renew his license shall file a written, +verified request for renewal with the director. A renewal request must be made +on a form supplied by the director, filed not fewer than 10 days before the +license expires, and signed by the licensee. The licensee shall furnish with +his renewal request such information as the director determines is necessary to +evaluate the renewal request or to otherwise promote effective administration +or enforcement of this article. +   (e)   Upon the filing of a license application or renewal request, the +director shall conduct an investigation to determine whether the following +requirements and qualifications are satisfied: +      (1)   the information contained in the license application or renewal +request is true; and +      (2)   the applicant or licensee, an individual who is a business +associate of the applicant or licensee, or an individual who is a corporate +officer of the applicant or licensee, in the applicant or licensee’s home +repair business, or a current employee of the applicant or licensee has not +been convicted twice in municipal court under Section +50-143 within the two years immediately preceding the date that the license +application or renewal request is filed. The time period between conviction in +municipal court and final disposition on appeal of the conviction is not +included in calculating the two-year period if the conviction is affirmed; and +      (3)   The applicant or licensee, an individual who is a business +associate of the applicant or licensee, or an individual who is a corporate +officer of the applicant or licensee, in the applicant or licensee’s home +repair business, has not had a home repair license revoked within the year +immediately preceding the date the license application or renewal request is +filed. +   (f)   If the director determines that a license application or renewal +request satisfies the requirements and qualifications prescribed by Subsection +(e) of this section, the director shall issue or renew the home repair license; +otherwise, the director shall deny the license application or renewal request. +   (g)   The director shall within 10 days of the date of application notify in +writing a license applicant or licensee requesting renewal, of the issuance of +a license, renewal of a license, or denial of a license application or renewal +request. In the case of notice of a denial of a license application or renewal +request, the director shall include in the notice the reason for the denial and +a statement informing the applicant or licensee of his right of appeal. +   (h)   If, after a licensee requests renewal of his license in accordance +with Subsection (d) of this section, the license expires before the director +acts on the request, the licensee may temporarily operate under his expired +license pending the determination of the renewal request by the director, or in +the case of an appeal of a denial of a renewal request, pending the decision of +the permit and license appeal board. (Ord. Nos. 14990; 16476; 18200) +SEC. 50-137.   LICENSE FEES. +   (a)   The fee for a home repair license is $117 a year. +   (b)   The fee for issuance of a duplicate home repair license for a license +that is destroyed or lost is $20. +   (c)   License fees required under this section are not refundable and are +payable to the director upon issuance or renewal of the license. The director +may not issue or renew a home repair license before the fee is paid. (Ord. Nos. +14990; 16476; 18411; 18876; 19300; 20076; 26478; 29879; 31332; 32556) +SEC. 50-138.   REVOCATION OF LICENSE. +   (a)   The director shall revoke a home repair license if he determines that: +      (1)   the licensee knowingly made a false representation as to a material +matter in a license application, license renewal request, or hearing concerning +the license; or +      (2)   the licensee identified himself with a business or trade name other +than that filed with the director; or +      (3)   the licensee, an individual who is a business associate of the +licensee, an individual who is a corporate officer of the licensee, or a +current employee of the licensee, while he was in licensee’s employment, has +been convicted in municipal court within a two-year period of two or more +offenses prescribed by Section +50-143. (The director shall give notice to a licensee on the date formal +charges are filed against an employee of the licensee. If a licensee discharges +a convicted employee within one week after his second final conviction, the +licensee is not subject to revocation under this subparagraph.) The time period +between conviction in municipal court and final disposition on appeal of the +conviction is not included in calculating the two-year period if the conviction +is affirmed; or + ��    (4)   the licensee has knowingly subcontracted with or employed, for the +performance of work which requires state or city professional licensing or +registration, a person who does not have the requisite license or registration, +or in the alternative has negligently failed to ascertain the person’s +qualifications prior to subcontracting with or employing the person; +      (5)   the licensee knowingly misrepresented the quality or quantity of a +material or service: +         (A)   used or rendered in connection with a home repair performed or +agreed to be performed by the licensee; or +         (B)   offered or advertised in connection with the licensee’s home +repair business; or +      (6)   the licensee knowingly misrepresented the price of a material or +service: +         (A)   used or rendered in connection with a home repair performed or +agreed to be performed by the licensee; or +         (B)   offered or advertised in connection with the licensee’s home +repair business. +   (b)   The director shall notify the licensee in writing of a revocation and +include in the notice the reasons for the revocation, the date the director +orders the revocation and the date the order is to take effect, and a statement +informing the licensee of his right of appeal. +   (c)   A home repair license becomes void on the effective date of +notification issued under Subsection (b) of this section, and the licensee +shall surrender the revoked license at the demand of the director. However, if +the licensee appeals the revocation, the licensee may continue to operate under +his license pending the appeal. (Ord. Nos. 14990; 18200) +SEC. 50-139.   APPEALS. +   A person may appeal a denial of a home repair license application, denial of +a renewal request, or revocation of a license if the person files an appeal +with a permit and license appeal board in accordance with Section +2-96 of this code. (Ord. Nos. 14990; 18200) +SEC. 50-140.   NOTICE. +   Notice required or authorized under this article must be served on the +person to be notified personally or by mailing to the person at the address +last-known to the director. Notice to a licensee may be given to a person +designated by the licensee to receive notice. The effective date of notice +required or authorized under this article is the date the notice is personally +served or postmarked, as the case may be. (Ord. 14990) +SEC. 50-141.   REGULATIONS FOR HOME REPAIRS UNDER $500. +   A contractor who performs or agrees to perform a home repair for a price of +less than $500 shall furnish the owner, upon completion of the home repair, a +written memorandum (as illustrated by, but not limited to, a work order, +invoice or bill) containing: +      (1)   the name and address of the contractor; +      (2)   a description of the home repair performed and materials supplied, +stated in a manner consistent with generally accepted local trade practice; and +      (3)   a statement of the price of the home repair that includes each +charge incurred by the owner and due to the contractor in connection with the +home repair. (Ord. 14990) +SEC. 50-142.   REGULATIONS FOR HOME REPAIRS OF $500 OR MORE. +   A contractor who performs of agrees to perform a home repair for a price of +$500 or more shall comply with the following regulations: +      (1)   Before beginning the home repair, the contractor shall furnish the +owner with a written contract for the home repair containing (but not limited +to): +         (A)   the name and address of the contractor; +         (B)   the approximate beginning and ending dates for the home repair +job. (This requirement does not prohibit or limit contract provisions providing +for contingent delays); +         (C)   a description of the home repair job and materials to be used in +the job, stated in a manner consistent with generally accepted local trade +practice; and +         (D)   the consideration for the home repair and a statement of the +other charges to be incurred by the owner under the contract (as illustrated +by, but not limited to, taxes, permit fees, and material costs). +      (2)   Before completion of the home repair, the contractor shall furnish +the owner with a written memorandum of any changes in the home repair contract +made subsequent to its execution. (Ord. 14990) +SEC. 50-143.   OFFENSES. +   (a)   A person commits an offense if he: +      (1)   violates Section +50-134; or +      (2)   violates Section +50-141; or +      (3)   violates Section +50-142; or +      (4)   fails to perform a duty imposed under a home repair contract, +without legal excuse or justification, and with intent to violate the contract; +or +      (5)   advertises that he is a home repair licensee; or +      (6)   intentionally interferes with the director in the performance of +his duty or exercise of his authority. +   (b)   A culpable mental state is not required for the commission of an +offense under this section unless the provision defining the offense expressly +requires a culpable mental state. +   (c)   It is a defense to prosecution for the offense prescribed by +Subsection (a)(1) of this section that the actor is a person who by virtue of +Section +50-135 is not required to obtain a home repair license. +   (d)   An offense committed under this section is punishable by a fine of not +more than $500. +   (e)   Prosecution for an offense under this section does not prevent the use +of other enforcement remedies or procedures applicable to the person charged +with or the conduct involved in the offense. (Ord. Nos. 14990; 19963) +ARTICLE XI. +CREDIT SERVICES ORGANIZATIONS AND CREDIT ACCESS BUSINESSES. +Division 1. General Provisions. +SEC. 50-144.   PURPOSE OF ARTICLE. +   The purpose of this article is to protect the welfare of the residents and +consumers in the city of Dallas by monitoring credit services organizations and +credit access businesses in an effort to reduce abusive and predatory lending +practices. To this end, this article establishes a registration program for +credit services organizations and credit access businesses, imposes +restrictions on extensions of consumer credit made by credit services +organizations and credit access businesses, and imposes recordkeeping +requirements on credit services organizations and credit access businesses. +(Ord. Nos. 28287, eff. 1-1-12; 31747) +SEC. 50-145.   DEFINITIONS. +   In this article: +      (1)   CERTIFICATE OF REGISTRATION means a certificate of registration +issued by the director under this article to the owner or operator of a credit +services organization or credit access business. +      (2)   CONSUMER means an individual who is solicited to purchase or who +purchases or seeks the services of a credit services organization or credit +access business. +      (3)   CREDIT ACCESS BUSINESS has the meaning given that term in Section +393.601 of the Texas Finance Code, as amended. +      (4)   CREDIT ACCESS BUSINESS FEES mean the fees charged by a credit +access business pursuant to Section 393.602 of the Texas Finance Code, as +amended. +      (5)   CREDIT SERVICES ORGANIZATION has the meaning given that term in +Section 393.001 of the Texas Finance Code, as amended. +      (6)   DEFERRED PRESENTMENT TRANSACTION has the meaning given that term in +Section 393.601 of the Texas Finance Code, as amended. +      (7)   DIRECTOR means the director of the department designated by the +city manager to enforce and administer this article and includes any +representatives, agents, or department employees designated by the director. +      (8)   EXTENSION OF CONSUMER CREDIT has the meaning given that term in +Section 393.001 of the Texas Finance Code, as amended. +      (9)   EXTENSION OF CONSUMER CREDIT TRANSACTION means the entirety of the +agreements made by a consumer to obtain an extension of consumer credit, and +includes any loan agreement between the lender and the consumer, and any fee +agreement between the credit services organization or credit access business. +      (10)   MOTOR VEHICLE TITLE LOAN has the meaning given that term in +Section 393.601 of the Texas Finance Code, as amended. +      (11)   OWNER means any person who directly or indirectly owns a credit +services organization or a credit access business. For publicly traded +companies, the term means any person who directly or indirectly owns or +controls 10 percent or more of the outstanding shares of stock in the credit +services organization or credit access business. +      (12)   PERSON means any individual, corporation, organization, +partnership, association, financial institution, or any other legal entity. +      (13)   REGISTRANT means a person issued a certificate of registration for +a credit services organization or a credit access business under this article +and includes all owners and operators of the credit access business identified +in the registration application filed under this article. +      (14)   STATE LICENSE means a license to operate a credit access business +issued by the Texas Consumer Credit Commissioner under Chapter 393, Subchapter +G of the Texas Finance Code, as amended. +      (15)   VALUABLE CONSIDERATION means the consideration described in +Section 393.001(3) of the Texas Finance Code, as amended. Valuable +consideration includes an immediate payment and any future payments in exchange +for an extension of consumer credit as described in Section 393.001(3)(B) of +the Texas Finance Code, as amended, or advice or assistance with regard to an +extension of consumer credit as described in Section 393.001(3)(B) of the Texas +Finance Code, as amended. (Ord. Nos. 28287; 31747) +SEC. 50-146.   VIOLATIONS; PENALTY. +   (a)   A person who violates a provision of this article, or who fails to +perform an act required of the person by this article, commits an offense. A +person commits a separate offense each day or portion of a day during which a +violation is committed, permitted, or continued. +   (b)   An offense under this article is punishable by a fine of not more than +$500. +   (c)   The culpable mental state required for the commission of an offense +under this article is governed by Section +1-5.1 of this code. +   (d)   Except as provided in Subsection (e), each day that a violation occurs +is a separate offense. +   (e)   Each extension of consumer credit transaction is a separate offense if +the extension of consumer credit transaction violates Section +50-151.4 or Section +50-151.6. +   (f)   The penalties provided for in Subsection (b) are in addition to any +other enforcement remedies that the city may have under city ordinances and +state law. (Ord. 28287) +SEC. 50-147.   DEFENSE. +   It is a defense to prosecution under this article that at the time of the +alleged offense the person was not required to be licensed by the state as a +credit services organization or credit access business under Chapter 393 of the +Texas Finance Code, as amended. (Ord. Nos. 28287; 31747) +Division 2. Registration of Credit Services Organizations and Credit Access +Businesses. +SEC. 50-148.   REGISTRATION REQUIRED. +   (a)   A person commits an offense if the person acts, operates, or conducts +business as a credit services organization or credit access business without a +valid certificate of registration. A certificate of registration is required +for each physically separate credit services organization and credit access +business. +   (b)   A person operating a business as both a credit services organization +and a credit access business at the same location may obtain one certificate of +registration for both per location. (Ord. Nos. 28287; 31747) +SEC. 50-149.   REGISTRATION APPLICATION. +   (a)   To obtain a certificate of registration for a credit services +organization or credit access business, a person must submit an application on +a form provided by the city for that purpose to the director. The application +must contain the following: +      (1)   The business or trade name, street address, mailing address, +facsimile number, and telephone number of the credit services organization or +credit access business. +      (2)   The names, street addresses, mailing addresses, and telephone +numbers of all owners of the credit services organization or credit access +business and other persons with a financial interest in the credit services +organization or credit access business, and the nature and extent of each +person's interest in the credit services organization or credit access +business. +      (3)   A copy of a current, valid state registration statement held by the +credit services organization pursuant to Section 393.101 of the Texas Finance +Code, as amended. +      (4)   A copy of a current, valid state license held by the credit access +business pursuant to Section 393.603 of the Texas Finance Code, as amended. +      (5)   A copy of a current, valid city certificate of occupancy showing +that the credit services organization or credit access business is in +compliance with the Dallas Development Code. +      (6)   A non-refundable application fee of $28. +   (b)   An applicant or registrant shall notify the director within 45 days +after any material change in the information contained in the application for a +certificate of registration, including, but not limited to, any change of +address and any change in the status of the state license or state registration +statement held by the applicant or registrant. (Ord. Nos. 28287; 29879; 31332; +31747; 32556) +SEC. 50-150.   ISSUANCE AND DISPLAY OF CERTIFICATE OF REGISTRATION; PRESENTMENT +UPON REQUEST. +   (a)   The director shall issue to the applicant a certificate of +registration upon receiving a completed application under Section +50-149. +   (b)   A certificate of registration issued under this section must be +conspicuously displayed to the public in the credit services organization or +credit access business. The certificate of registration must be presented upon +request to the director or any peace officer for examination. (Ord. Nos. 28287; +31747) +SEC. 50-151.   EXPIRATION AND RENEWAL OF CERTIFICATE OF REGISTRATION. +   (a)   A certificate of registration expires on the earlier of: +      (1)   one year after the date of issuance; or +      (2)   if the certificate of registration is held by a credit access +business, on the date of expiration, revocation, or other termination of the +credit access business's state license. +   (b)   A certificate of registration may be renewed by making application in +accordance with Section +50-149. A registrant shall apply for renewal at least 30 days before the +expiration of the registration. (Ord. Nos. 28287; 31747) +SEC. 50-151.1.   NONTRANSFERABILITY. +   A certificate of registration for a credit services organization or credit +access business is not transferable. (Ord. 28287; 31747) +Division 3. Miscellaneous Requirements for Credit Services Organizations and +Credit Access Businesses. +SEC. 50-151.2.   MAINTENANCE OF RECORDS. +   (a)   A credit services organization and a credit access business shall +maintain a complete set of records of all extensions of consumer credit +transactions: +      (1)   that the credit services organization or credit access business +arranged or obtained for a consumer; and +      (2)   on which the credit services organization or credit access business +provide advice or assistance to a customer. +   (b)   A complete set of records must include the following information: +      (1)   The name and address of the consumer. +      (2)   The principal amount of cash actually advanced. +      (3)   The fees charged to arrange or obtain an extension of consumer +credit. +      (4)   The fees charged to advise or assist a consumer in obtaining an +extension of credit. +      (5)   The documentation used to establish a consumer's income under +Section +50-151.3. +      (6)   A copy of each written agreement, between the credit services +organization or credit access business and a customer, evidencing an extension +of consumer credit including, but not limited to, any refinancing or renewal +agreement with the consumer. +      (7)   Whether any part of the extension of consumer credit transaction +has been refinanced or renewed and, if so, the number of refinances or renewals +made. +      (8)   A copy of each written agreement between the lender and consumer. +   (c)   A credit access business shall maintain, and file with the director, +copies, in a format prescribed by the director, of all annual reports, +quarterly reports, and all revisions and updates to those reports, filed with +the Texas Consumer Credit Commissioner under Chapter 393 of the Texas Finance +Code, as amended. The reports, revisions, and updates must be submitted to the +director within five business days of being submitted to the Texas Consumer +Credit Commission. +   (d)   The records required to be maintained by a credit services +organization or credit access business under this section must be retained for +at least three years and, to the extent not filed with the director, made +available for inspection by the city upon request during the usual and +customary business hours of the credit services organization or credit access +business. (Ord. Nos. 28287; 31747) +SEC. 50-151.3.   CONSUMER RIGHT TO COPY OF AGREEMENT. +   (a)   A credit services organization and a credit access business shall give +to the consumer, upon request, a printed copy of a signed contract, and any +other document the credit services organization or credit access business +requires a consumer to sign or acknowledge reading. +   (b)   All contracts and other documents that a credit services organization +or credit access business requires the consumer to sign or acknowledge reading +shall be in the language in which the contract was negotiated and explained to +the consumer. (Ord. 31747) +SEC. 50-151.4.   RESTRICTIONS ON EXTENSIONS OF CONSUMER CREDIT. +   (a)   A credit services organization or credit access business shall not +obtain for a consumer, or assist a consumer in obtaining, a cash advance under +an extension of consumer credit transaction that exceeds 20 percent of the +consumer's gross monthly income. +   (b)   A credit services organization or credit access business shall not +obtain for a consumer, or assist a consumer in obtaining, a cash advance in the +form of a motor vehicle title loan that exceeds the lesser of: +      (1)   three percent of the consumer's gross annual income; or +      (2)   70 percent of the retail value of the motor vehicle. +   (c)   A credit services organization or credit access business shall use a +paycheck, bank statement, IRS Form W-2 from the previous tax year, the previous +year's tax return, a signed letter from an employer, or other similar +documentation establishing income to determine a consumer's income. +   (d)   A credit services organization or credit access business that obtains +for a consumer or advises or assists a consumer in obtaining an extension of +consumer credit shall, by the terms of the extension of consumer credit +transaction: +      (1)   require payment of the total amount of the extension of consumer +credit transaction, including any principal, interest, and fees, valuable +consideration, credit access business fees, and any other charges or costs, in +four or fewer payments; and +      (2)   reduce by at least 25 percent per payment the total amount of the +extension of consumer credit transaction, including any principal, interest, +fees, valuable consideration, credit access business fees, and any other +charges. +   (e)   A credit services organization or credit access business shall not +refinance or renew any part of an extension of consumer credit transaction, +unless the total amount of the extension of the consumer credit transaction, +including any principal, interest, fees, valuable consideration, credit access +business fees, and any other charges or costs, is due in a single payment. +   (f)   A credit services organization or credit access business that +refinances or renews an extension of consumer credit transaction under +Subsection (e): +      (1)   may not refinance or renew the extension of credit transaction more +than three times; and +      (2)   the minimum payment amount due to refinance or renew such extension +of consumer credit transaction must reduce by at least 25 percent the total +amount of the extension of consumer credit transaction, including any +principal, interest, fees, valuable consideration, credit access business fees, +and any other charges or costs, such that the total amount owed by the consumer +is paid in full after a maximum of three refinances or renewals. +   (g)   For purposes of this section, an extension of consumer credit that is +made to a consumer within seven days after a previous extension of consumer +credit transaction has been paid by the consumer constitutes a refinancing or +renewal. (Ord. Nos. 28287; 31747) +SEC. 50-151.5.   REFERRAL TO CONSUMER CREDIT COUNSELING. +   (a)   A credit services organization and a credit access business shall +provide a list of non-profit agencies that provide financial education, +training programs, or cash assistance programs to each consumer who seeks to +obtain or seeks advice or assistance on obtaining an extension of consumer +credit. The list must be on a form approved by the director and contain +information regarding extensions of consumer credit. +   (b)   A credit services organization and a credit access business must +conspicuously display a poster, or other similar document, that contains +information regarding extensions of consumer credit, as prescribed by the +director. The organization or business must display the poster or similar +document so that it is clearly visible to each consumer who enters the +facility. (Ord. 31747) +SEC. 50-151.6.   RESTRICTIONS ON NON-DEFERRED PRESENTMENT OR MOTOR VEHICLE +TITLE LOAN EXTENSIONS OF CONSUMER CREDIT. +   (a)   This section applies to an extension of consumer credit transaction +that a credit services organization obtains or arranges for a consumer or +provides advice or assistance to obtain and that is not a deferred presentment +transaction or a motor vehicle title loan. +   (b)   The sum of all valuable consideration, fees, or other charges owed by +the consumer to the credit services organization may not exceed 0.1 percent per +day of the outstanding balance of the extension of consumer credit. (Ord. +31747) +SEC. 50-151.7.   COMPLIANCE REQUIRED. +   A person may not knowingly use a device, subterfuge, or pretense to evade +the application of this article. (Ord. 31747) +ARTICLE XII. +STREET VENDORS. +Division 1. In General. +SEC. 50-152.   DECLARATION OF POLICY. +   It is the policy of the city to promote the protection of the public health, +safety, and welfare by the regulation of street vendors operating inside the +city. The provisions of this article are to be construed, according to the fair +import of their terms, to effect this policy. (Ord. Nos. 16309; 29023) +SEC. 50-153.   GENERAL AUTHORITY AND DUTY OF THE DIRECTOR. +   The director shall implement and enforce this article. The director may +prescribe rules and regulations governing the conduct of street vendors not +inconsistent with the provisions of this article, including, but not limited +to, the designation of zones and sites from which street vendors may operate. +(Ord. Nos. 16309; 17675; 29023) +SEC. 50-154.   AUTHORITY TO INSPECT. +   The director, any representative of the city health officer or environmental +health officer, or a peace officer may inspect any street vendor and the +business procedure of a street vendor operating under this article to determine +whether the vendor is complying with this article, regulations established +under this article, and any other applicable city ordinance or state or federal +law. (Ord. 29023) +SEC. 50-155.   OFFENSES; PENALTIES. +   (a)   A person who violates a provision of this article, or who fails to +perform an act required of the person by this article, commits an offense. A +person commits a separate offense each day or portion of a day during which a +violation is committed, permitted, or continued. +   (b)   An offense under this article is punishable by a fine of not less than +$25 or more than $500, except that a second or subsequent conviction for the +same offense within a period of less than one year from the first conviction is +punishable by a fine of not less than $100 or more than $500. +   (c)   The culpable mental state required for the commission of an offense +under this article is governed by Section +1-5.1 of this code. +   (d)   The penalties provided for in Subsection (b) are in addition to any +other enforcement remedies and penalties that the city may have under city +ordinances and state law. Prosecution for an offense under this article does +not prevent the use of other administrative enforcement remedies or procedures +applicable to the conduct involved in the offense. (Ord. 29023) +SEC. 50-156.   ARTICLE CUMULATIVE. +   The provisions of this article and other city ordinances are cumulative law, +and this chapter does not prevent enforcement of another city ordinance that +regulates an area covered by this article and is otherwise applicable. (Ord. +Nos. 16309; 29023) +SEC. 50-157.   DEFINITIONS. +   In this article: +      (1)   AGENT means any person employed by or contracting with: +         (A)   the holder of a central business district concession license to +sell or distribute goods or services under the license; or +         (B)   any other street vendor. +      (2)   ARTS DISTRICT means the area of the city bounded by Woodall Rogers +Freeway on the north, Central Expressway (elevated bypass) on the east, Ross +Avenue on the south, and St. Paul Street on the west. +      (3)   CBD CORE DISTRICT means the area of the city contained within the +boundaries of the central business district, but that does not include the arts +district and the West End district. +      (4)   CENTRAL BUSINESS DISTRICT (CBD) means the area of the city bounded +by Woodall Rogers Freeway on the north, Central Expressway (elevated bypass) on +the east, R. L. Thornton Freeway on the south, and Stemmons Freeway on the +west. The central business district includes: +         (A)   the arts district; +         (B)   the CBD core district; and +         (C)   the West End district. +      (5)   COMMERCIAL PRINTED MATTER means any printed or written matter, +whether on a sample, device, dodger, circular, leaflet, pamphlet, paper, or +booklet, and whether printed, reproduced, or copied, that: +         (A)   advertises for sale any merchandise, product, commodity, or +service; +         (B)   directs attention to a business or commercial establishment or +other activity for the purpose of either directly or indirectly promoting +sales; +         (C)   directs attention to or advertises a meeting, performance, +exhibition, or event, for which an admission fee is charged for the purpose of +private gain or profit, unless an admission fee is charged or a collection is +taken up at the meeting, performance, exhibition, or event only for the purpose +of defraying the expenses; or +         (D)   while containing reading matter other than advertising matter, +is predominantly and essentially an advertisement and is distributed or +circulated for advertising purposes or for the private benefit and gain of any +person so engaged as the advertiser or distributor. +      (6)   DIRECTOR means the director of the department designated by the +city manager to enforce and administer this article or the director’s +authorized representative. +      (7)   FOOD ESTABLISHMENT means a “food establishment” as defined in +Chapter 17 of this code. +      (8)   GOODS means property of every kind. +      (9)   LICENSEE means a person issued a CBD concession license under this +article. +      (10)   MOBILE FOOD ESTABLISHMENT means a “mobile food establishment” as +defined in Chapter 17 of this code. +      (11)   PERSON means an individual, corporation, association, or other +legal entity. +      (12)   PUBLIC PROPERTY means any property open or devoted to public use +or owned by the city, including, but not limited to, sidewalks, streets, +parkways, or esplanades. +      (13)   SERVICES means any work done for the benefit of another. +      (14)   STREET VENDOR or VENDOR means a person who, personally or through +an agent, engages in a business of selling or offering for sale goods or +services from any structure or vehicle that is not affixed to the ground or +from no structure or vehicle. The term does not include any person operating, +or employed in the operation of, a licensed taxicab, limousine, bus, shuttle, +non-motorized passenger transport vehicle, or motor vehicle tow service. The +term does not include a stand that only offers the occasional sale of lemonade +or other nonalcoholic beverages on private property or in a public park by an +individual younger than 18 years of age. +      (15)   VEHICLE means every device in, upon, or by which a person or +property may be transported or drawn upon a street or sidewalk, including, but +not limited to, devices moved by human power. +      (16)   WEST END DISTRICT means the area of the city bounded by Woodall +Rogers Freeway on the north; Lamar Street on the east; the MKT railroad tracks +on the west; and a southern boundary consisting of and extending along Commerce +Street from Lamar Street west to Austin Street, then along Austin Street north +to Main Street, then along Main Street west to the MKT railroad tracks. (Ord. +Nos. 16309; 17226; 17675; 18702; 29023; 31375) +Division 2. Vending on Public Property. +SEC. 50-158.   VENDORS ON PUBLIC PROPERTY. +   (a)   A person commits an offense if the person, either personally or +through an agent, occupies public property in the city for the purpose of +selling, distributing, or offering for sale services or goods, including, but +not limited to, food, drinks, flowers, plants, tickets, or souvenirs. +   (b)   It is a defense to prosecution under this section that the person +selling, distributing, or offering for sale services or goods: +      (1)   is doing so in connection with the transaction of official +government business; +      (2)   is doing so by authority of a contract with the city to operate a +concession on designated areas of public property; +      (3)   is selling, distributing, or offering for sale only periodicals +from a coin-operated machine by authority of a license to operate the machine; +      (4)   is selling, distributing, or offering for sale goods or services +from a vehicle by authority of and in compliance with a CBD concession license +as provided for in this article; +      (5)   is selling, distributing, or offering for sale vegetables, produce, +or other perishable commodities at the Dallas Farmers Market (as defined in +Section +29A-2 of this code), in compliance with +Chapter 29A of this code and with the market’s agreements and covenants with +the city; +      (6)   is selling, distributing, or offering for sale a food or beverage +from a mobile food establishment in accordance with Section +50-159 of this code; +      (7)   is selling, distributing, or offering for sale goods or services as +authorized by and in compliance with a special event permit; +      (8)   is selling, distributing, or offering for sale only printed matter +that is not commercial printed matter, including, but not limited to, +newspapers and magazines, and the selling, distributing, or offering for sale +is not being conducted from machines or other structures that occupy public +property; +      (9)   is operating a vehicle for hire; +      (10)   is selling, distributing, offering for sale, or delivering the +goods or services to a person in a structure or vehicle that is affixed to the +ground, or to a person who possesses a special event permit or a CBD concession +license; or +      (11)   is not receiving remuneration from the person being given the +goods or services, and the person distributing the goods or services does not +use any type of vehicle or stand, any part of which touches the ground, when +distributing the goods or services, and the method of distribution does not +interfere with traffic flow on public streets or sidewalks. +   (c)   In addition to any enforcement action by a peace officer or the +director for a violation of this section, any person who is a victim of an act +prohibited under this section, or who witnesses a violation of this section, +may file a complaint with the city attorney. Evidence to support a conviction +for a violation of this section may include, but is not limited to, testimony +of witnesses, videotape evidence of the violation, and other admissible +evidence. +    (d)   This section does not apply to the occasional sale of lemonade or +other nonalcoholic beverages from a stand in a public park by an individual +younger than 18 years of age. (Ord. Nos. 16309; 16835; 17675; 18702; 19517; +19895; 25213; 29023; 31375) +SEC. 50-159.   RESTRICTIONS FOR MOBILE FOOD ESTABLISHMENTS. +   (a)   A mobile food establishment shall not occupy public or private +property in the central business district for the purpose of serving, selling, +or distributing any food or beverage unless the establishment is operating +under the authority of and in compliance with: +      (1)   a valid CBD concession license issued under this article; and +      (2)   a valid mobile food establishment permit issued under Chapter 17 of +this code. +   (b)   A general service mobile food establishment, as described in Section +17-8.2 of this code, shall not occupy public property located outside the +central business district for the purpose of serving, selling, or distributing +any food or beverage. +   (c)   It is a defense to prosecution under Subsections (a) and (b) of this +section that the mobile food establishment was serving, selling, or +distributing a food or beverage as authorized by and in compliance with: +      (1)   a special event permit issued by the city; or +      (2)   a contract with the city to operate a concession on designated +areas of public property. +   (d)   A mobile food establishment shall not sell, distribute, or offer for +sale any goods or services within two city blocks or 600 feet, whichever is +greater, of the grounds of any public, private, parochial, elementary, or +secondary school located outside the central business district between the +hours of 7:30 a.m. and 4:30 p.m. on days when the school is in session. (Ord. +Nos. 17675; 29023) +Division 3. Vending on Private Property. +SEC. 50-160.   VENDORS ON PRIVATE PROPERTY. +   (a)   A person commits an offense if he occupies any privately-owned +property within the city for the purpose of conducting business as a street +vendor. +   (b)   It is a defense to prosecution under Subsection (a) of this section +that: +      (1)   the business was authorized by a valid certificate of occupancy or +was otherwise specifically allowed under the Dallas Development Code or another +city ordinance; +      (2)   the person was conducting the street vending business in the +central business district and: +         (A)   possessed a valid CBD concession license issued under this +article; +         (B)   possessed a valid mobile food establishment permit issued under +Chapter 17 of this code, if the person was a mobile food establishment; +         (C)   had the written permission of an owner of the private property +on which the business was conducted; and +         (D)   was not conducting the business operation or using any structure +in the business operation in violation of any applicable city ordinance or +state or federal law or regulation; or +      (3)   the person was a mobile food establishment conducting the street +vending business outside the central business district and: +         (A)   possessed a valid mobile food establishment permit issued under +Chapter 17 of this code; +         (B)   had the written permission of an owner of the private property +on which the business was conducted; and +         (C)   was not conducting the business operation or using any structure +in the business operation in violation of any applicable city ordinance or +state or federal law or regulation. +   (c)   This section does not apply to the occasional sale of lemonade or +other nonalcoholic beverages from a stand on private property by an individual +younger than 18 years of age. (Ord. Nos. 29023; 31375)) +Division 4. Entertainment in the Central Business District. +SEC. 50-161.   ENTERTAINMENT PERFORMANCES IN THE CENTRAL BUSINESS DISTRICT. +   (a)   A person who engages or wishes to engage solely in providing +entertainment performances for the public free of charge in the central +business district is not required to obtain a CBD concession license so long as +no fees or monies are solicited from the public as remuneration for the +entertainment and no goods or services are sold in connection with the +performances. Voluntary contributions from members of the public may be +accepted. A CBD concession license must be obtained if fees or monies are +solicited from the public or if goods or services are sold in connection with +the performances. +   (b)   A person who wishes to provide entertainment in any portion of Stone +Place, the public area surrounding Thanksgiving Square, Four-Way Place, or the +Bullington Street Mall must obtain a permit from the chief of police as +required in Section +31-22 of this code. (Ord. 29023) +Division 5. Central Business District Concession Licenses. +SEC. 50-162.   CENTRAL BUSINESS DISTRICT CONCESSION LICENSE. +   (a)   Notwithstanding other provisions of this code, the director may issue +a central business district (CBD) concession license to enable the holder and +the holder’s agents to conduct business as street vendors on public or private +property in the central business district. +   (b)   A separate CBD concession license is required for each vending +location site from which a person wishes to conduct business as a street vendor +on public or private property in the central business district. +   (c)   The director may not issue a license to authorize the sale or +distribution of services or goods on: +      (1)   property under the control of the park and recreation board; or +      (2)   the premises of the “convention center” or “reunion arena” as +defined in Section +43-127 of this code. (Ord. Nos. 16309; 16835; 17675; 29023) +SEC. 50-163.   LICENSE APPLICATION; INVESTIGATION. +   (a)   An applicant for a CBD concession license shall file with the director +a written application upon a form provided for that purpose. A separate +application is required for each vending location site from which the applicant +wishes to do business as a street vendor. The following information is required +in the application: +      (1)   The applicant’s name, address, and date of birth, and the +identifying number from the applicant’s driver’s license, military +identification card, passport, or personal identification certificate. +      (2)   The name, address, and telephone number of the business. +      (3)   The nature, character, and quality of the goods or services to be +offered for sale or delivered. +      (4)   Proof that the applicant possesses a retail vendor’s sales tax +permit from the comptroller of the State of Texas, if a sales tax permit is +required for the type of proposed operation. +      (5)   The nature of the proposed advertising to be done for the business +at the proposed location. +      (6)   The license number and type of any vehicle that is to be used. +      (7)   The nature of the business and the method of distributing or +providing goods or services. +      (8)   Proposed vending location sites for the business (only one of which +will be assigned with the license). +      (9)   Days of the week and hours requested to vend at the proposed site. +      (10)   The name, address, date of birth, and identifying number from the +driver’s license, military identification card, passport, or personal +identification certificate of each agent who will be assisting the applicant in +the proposed business. +      (11)   Proof that the applicant possesses all licenses and permits +required by this code or any other applicable city ordinance or state or +federal law for the operation of the proposed business. +      (12)   Any other information required by the director to clarify items on +the application. +   (b)   A licensee shall notify the director of any changes or corrections in +the information required by Subsection (a) within 30 days after the need for +the change or correction occurs.    +   (c)   When an application has been filed with the director in proper form, +the director shall initiate appropriate action to process the application. The +director shall make an appropriate investigation of the applicant, which may +include, but is not limited to, an inspection of the establishment and +operation of the applicant to ensure compliance with this code and all +applicable city ordinances and state and federal laws governing the sale and +distribution of the goods and services. (Ord. Nos. 16309; 17675; 18702; 27353; +29023) +SEC. 50-164.   LICENSE ISSUANCE; FEES; TRANSFERABILITY; VENDING LOCATION SITES; +LICENSE EXPIRATION. +   (a)   The director shall issue a license to the applicant within 30 days +after receipt of the application, unless the director finds one or more of the +following to be true: +      (1)   The applicant is under 18 years of age. +      (2)   All available vending location sites, as designated by the +director, are occupied by licensees. +      (3)   The applicant or applicant’s spouse is overdue in payment to the +city of taxes, fees, fines, or penalties assessed against or imposed upon the +applicant or applicant’s spouse. +      (4)   The applicant is physically or mentally incapacitated to an extent +that the applicant cannot operate a vending business. +      (5)   The applicant has failed to answer or falsely answered a question +or request for information on the application form provided. +      (6)   The applicant has failed to provide proof of a license or permit +required by this code or any other applicable city ordinance or state or +federal law for the operation of the proposed business. +      (7)   The applicant, or any agent of the applicant, individually or +cumulatively, has been convicted of two violations of this article, other than +the offense of operating a business without a license, within the two years +immediately preceding the application. A plea of “guilty” or “no contest” in +any court of law, including the municipal court, constitutes a conviction for +purposes of this section. The fact that a conviction is being appealed has no +effect. +      (8)   The required license fee has not been paid. +      (9)   The applicant has failed to comply with or the proposed business +will violate any applicable law, ordinance, or regulation of the city. +      (10)   The applicant’s business or method of doing business will +interfere with traffic flow on public streets or sidewalks. +      (11)   The applicant has already received the maximum number of licenses +to which the applicant is entitled under Subsection (g) of this section. +   (b)   If the director finds that one of the items listed in Subsection (a) +is true, the director shall deny the application and send to the applicant by +certified mail, return receipt requested, a written statement setting forth the +reasons for the denial and notifying the applicant of the right to appeal. +   (c)   A CBD concession license must state on its face the name of the person +to whom it is granted and the expiration date. A CBD concession license +authorizes the licensee to do business only at a specific vending location +site, designated by the director, in the central business district. +   (d)   The annual fee for each CBD concession license is: +      (1)   $600 ($150 for license processing and regulation and $450 for the +use of 40 square feet of public property) to vend entirely or partially on +public property, plus $25 for each square foot of public property over 40 +square feet that is contained in the vending location site; and +      (2)   $150 to vend on private property only. +   (e)    The fees listed in this section may not be prorated and are not +refundable. +   (f)   A CBD concession license is not transferable in any manner to any +person or location other than the one for which it was issued. Only agents +listed in the licensee’s most recent updated application for a CBD concession +license are authorized to operate under the license. +   (g)   The same vendor, either personally or through an agent, may not +simultaneously hold more than a total of 12 CBD concession licenses for vending +on public property. Of those 12 licenses, the same vendor may not +simultaneously hold more than one in the West End district, one in the arts +district, and 10 in the CBD core district. +   (h)   For purposes of Subsection (g) of this section, an applicant will be +considered to be the same vendor if the same sales tax identification number is +listed on each license application. +   (i)   The number and location of vending location sites to be assigned on +public property will be determined by the director based upon the availability +of space, the congestion that may result, and other factors related to the +public health, safety, and welfare. Each site must have an area of not less +than 40 square feet. The director may not authorize or assign on public +property: +      (1)   more than two vending location sites for each side of a block face +in the central business district; +      (2)   a vending location site within 50 feet of another site at which the +applicant is licensed to vend; +      (3)   a vending location site within 100 feet of an existing fixed +business that sells, distributes, or offers for sale goods or services similar +to those to be sold, distributed, or offered for sale by the applicant, unless +the applicant files with the director the written consent of the owner of the +existing fixed establishment; +      (4)   a vending location site within 50 feet of an outdoor patio of an +existing fixed food establishment located on the same side of the same block +face; or +      (5)   a vending location site within 1,000 feet of the Dallas Farmers +Market, as defined in Section +29A-2 of this code, if the vendor will sell potted plants, fruits, or +vegetables. +   (j)   An applicant may select a vending location site from those available +at the time of application in accordance with rules and regulations promulgated +by the director. If more than one applicant applies for the same vending +location site, the director shall award the site by drawing lots in accordance +with rules and regulations promulgated by the director. +   (k)   A CBD concession license expires one year after the date of issuance. +To renew a CBD concession license for the same vending location site, a +licensee must file an application with the director and pay all required +license fees not more than 60 days or less than 30 days before the license +expires. Upon expiration of a CBD concession license, the licensee may apply +for a new license, but must select a site from those available at the time of +application in accordance with rules and regulations promulgated by the +director. (Ord. Nos. 17675; 19300; 25048; 27353; 29023) +SEC. 50-165.   SUSPENSION. +   (a)   The director may suspend a CBD concession license for not less than 30 +days or more than one year if the director determines that: +      (1)   a violation of this article or any other city ordinance or state or +federal law concerning the sale or distribution of goods or services by the +licensee or an agent has occurred; or +      (2)   the licensee or a representative has failed to establish policy and +take action to discourage, prevent, or correct violations of this article by +the licensee’s agents. +   (b)   The director shall send to the licensee by certified mail, return +receipt requested, a written statement of the reasons for the suspension, the +date the suspension is to begin, the duration of the suspension, and the +licensee’s right to appeal. A timely request for appeal by the licensee stays +the effect of the suspension unless the director determines that an emergency +exists. +   (c)   For purposes of this section, an emergency exists if the director +determines that a violation has occurred and constitutes an imminent and +serious threat to the public health or safety. In case of an emergency, the +director may order the licensee or any representative or agent to correct the +violation immediately or cease business operations to the extent the director +determines is necessary to abate the threat until the violation is corrected. +(Ord. 29023) +SEC. 50-166.   REVOCATION. +   (a)   The director shall revoke a license issued under this article if the +director determines that: +      (1)   the licensee or an agent, individually or cumulatively, has been +convicted in any court of two violations of this article or any other city +ordinance or state or federal law concerning the sale or distribution of goods +or services within a 12-month period; the fact that a conviction is being +appealed has no effect; +      (2)   the licensee has given false or misleading information of a +material nature or has withheld vital information on the application or in any +hearing concerning the application or license; +      (3)   the licensee or an agent has intentionally or knowingly impeded a +lawful inspection by the director, the director’s authorized representative, or +any representative of another department who has the authority to inspect the +licensee and the licensee’s agents and business procedures; +      (4)   a cause for suspension under Section +50-165 occurs and the license has been suspended within the preceding 12 +months; +      (5)   the vending location site for which the license was issued is not +being used for street vending purposes; or +      (6)   the conduct of the business at the vending location site for which +the license was issued endangers the public health, safety, or welfare. +   (b)   The director shall send to the licensee by certified mail, return +receipt requested, a written statement setting forth the reasons for the +revocation and notifying the licensee of the right to appeal. +   (c)   If the director revokes a license, the fee already paid for the +license will be forfeited. A person whose license has been revoked under this +section may not apply for a new license for one year after the date the +revocation took effect. (Ord. 29023) +SEC. 50-167.   APPEAL. +   If the director denies the issuance or renewal of a license, suspends or +revokes a license, or orders the cessation of any part of the business +operation conducted under the license, the aggrieved party may appeal the +decision of the director to a permit and license appeal board in accordance +with Section +2-96 of this code. The filing of an appeal stays the action of the director in +suspending or revoking a license or any part of the business operation being +conducted under the license until the permit and license appeal board makes a +final decision unless the director determines that operation of the facility or +business in violation of the suspension or revocation constitutes an imminent +and serious threat to the public health or safety, in which case the director +shall take or cause to be taken such action as is necessary to immediately +enforce the suspension, revocation, or order. (Ord. 29023) +Division 6. Miscellaneous Requirements for Street Vendors in the Central +Business District. +SEC. 50-168.   IDENTIFICATION BADGES REQUIRED. +   (a)   An identification badge must be conspicuously displayed on the +clothing of the upper body of each licensee and agent of a licensee at all +times when selling, distributing, or offering for sale goods or services on +public or private property in the central business district. A licensee or an +agent of a licensee shall allow the director or a peace officer to examine the +identification badge upon request. +   (b)   An identification badge must be obtained from the director and must +include the following: +      (1)   The name of the person to whom the badge is issued and a photograph +clearly depicting the person’s facial features. +      (2)   The name and license number of the licensee under whose CBD +concession license the person is conducting vending activities. +      (3)   The vending location site at which the person is authorized to +conduct vending activities. +      (4)   A description of the type of goods or services the person is +authorized to sell, distribute, or offer for sale at the site. +      (5)   The number and expiration date of the identification badge. +   (c)   An identification badge expires on whichever of the following dates +occurs first: +      (1)   the date of revocation or expiration of the CBD concession license +under which the badge is authorized; or +      (2)   the date the person to whom the badge is issued is no longer an +agent of the licensee. +   (d)   An identification badge is not transferable from one person to another +or from one license to another. +   (e)   One identification badge will be included with each issuance or +renewal of a CBD concession license. The fee for each additional new or renewal +identification badge is $20. The fee for replacement of an identification badge +that is lost, damaged, or stolen is $5. +   (f)   Within 10 days after terminating an agent, a licensee shall collect +and surrender to the director the agent’s identification badge. (Ord. 29023) +SEC. 50-169.   DUTIES AND CONDUCT OF STREET VENDORS. +   A person who, either personally or through an agent, sells, distributes, or +offers for sale goods or services on public or private property in the central +business district shall: +      (1)   possess a license and an identification badge authorizing the +activity as provided for in this article; +      (2)   situate any vehicle used in connection with the sale or +distribution of goods and services so that it does not occupy any portion of a +public roadway; +      (3)   if vending on public property, operate the business so as to offer +the least physical or visible obstruction to pedestrian and vehicular traffic, +including, but not limited to, refraining from placing boxes on any public +street or sidewalk; +      (4)   not enter a public roadway to solicit or conduct a sale; +      (5)    not sell, distribute, or offer for sale goods or services to a +person on a public roadway; +      (6)   if vending on public property, stay within five feet of the +vendor's vehicle except for periodic breaks not to exceed 10 minutes and for +emergencies; +      (7)   take reasonable steps to keep the area around which the business is +being conducted free from litter and waste, including, but not limited to: +         (A)   maintaining a waste receptacle for public use on the vending +vehicle; +         (B)   maintaining the vending location site in a clean and hazard-free +condition; +         (C)   at the close of business each day, collecting and disposing of +all litter and waste accumulating on the vending location site or within 15 +feet of any vending vehicle; and +         (D)   not disposing of liquid waste or grease on the sidewalks, +streets, grounds, tree pits, city trash receptacles, or other public property; +      (8)   if vending on public property, operate the business only during the +following times, unless special operating hours are approved by the director: +         (A)   6:00 a.m. to 10:00 p.m., Monday through Thursday; +         (B)   8:00 a.m. to midnight, Friday and Saturday; and +         (C)   10:00 a.m. to 10:00 p.m., Sunday; +      (9)   sell, distribute, or offer for sale only those goods or services +that the director has approved as not endangering the public health, safety, or +welfare; the director may withdraw a previous approval of any goods or services +by serving a written notice upon the seller or distributor to cease selling, +distributing, or offering for sale the goods or services within 10 days; +      (10)   remove any equipment, sales aids, or vehicle from public property +at the close of operation each day; +      (11)   not smoke while conducting vending activities at the vending +location site; +      (12)   comply with the noise regulations set forth in +Chapter 30 of this code; +      (13)   not do business except on a vending location site designated by +the director; +      (14)   allow an inspection of the business operation as authorized in +this article; +      (15)   comply with all rules and regulations promulgated by the director +under this article; +      (16)   post the applicable license or copy of the license in a +conspicuous place on the vehicle from which goods or services are being sold, +distributed, or offered for sale so that it may be easily read at any time or, +if the person does not use a vehicle from which to sell goods or services, +display the license or copy on the person's clothing at any time the goods or +services are being sold, distributed, or offered for sale on public or private +property; +      (17)   establish policy and take action to discourage, prevent, or +correct violations of this chapter by agents; +      (18)   prohibit an agent from operating under a CBD concession license if +the person knows or has reasonable cause to suspect that the agent does not +have a valid identification badge issued under this article or has otherwise +failed to comply with this article, the rules and regulations established by +the director, or any other applicable city ordinance or state or federal law; +and +      (19)   comply with all other applicable laws, ordinances, or regulations +of the city. +   (b)   This section does not apply to the occasional sale of lemonade or +other nonalcoholic beverages from a stand on private property or in a public +park by an individual younger than 18 years of age. (Ord. Nos. 16309; 17675; +29023; 31375) +SEC. 50-170.   DRESS STANDARDS FOR STREET VENDORS. +   Each licensee shall have company dress standards for vendors employed by or +contracting with the licensee. These standards must be kept on file with the +director and must include the following: +      (1)   A vendor may not wear: +         (A)   cut-offs; +         (B)   apparel with offensive or suggestive language, pictures, or +symbols; +         (C)   tank tops or halter tops; or +         (D)   outer apparel made of fishnet or undergarment material. +      (2)   Shoes must be worn at all times in the manner for which they were +designed. +      (3)   A vendor and the vendor’s clothing must conform to basic standards +of hygiene and be neat, clean, and sanitary at all times. +      (4)   A vendor’s hair must be clean and neatly groomed. Facial hair must +be neatly trimmed. (Ord. 29023) +SEC. 50-171.   VEHICLES AND EQUIPMENT. +   (a)   Any non-motorized vehicle used by a street vendor to sell, distribute, +or offer for sale goods or services in the central business district must: +      (1)   have operable wheels; +      (2)   not exceed six feet in length (including any handles measuring six +inches or more in length and any permanently attached trailer hitches), three +feet in width (exclusive of wheels), or four feet in height (exclusive of +wheels); +      (3)   not occupy any portion of a public roadway in the central business +district; +      (4)   not be attached to any tree, utility pole, sign pole, streetscape, +or public property; and +      (5)   not be stored, parked, or left overnight on any street, sidewalk, +public parking space, or other public property. +   (b)   All equipment required for operation of the business and all goods +being offered for sale must be confined to or within the vehicle or, if no +vehicle is used, the vending location site. +   (c)   Only one small stool or chair is allowed at the vending location site +for the vendor. No seating may be provided for customers. +   (d)   Any umbrella on a vehicle must be properly secured and must be removed +during high winds. +   (e)   No electrical power cords are allowed to be used by a vendor on public +property. (Ord. 29023) +SEC. 50-172.   SIGNS AND ADVERTISING DEVICES. +   (a)   A vendor shall not place any sign or other advertising device on +public property other than those signs affixed to the vehicle or equipment and +not extending beyond the basic dimension of the vehicle or equipment. +   (b)   A vendor shall prominently display a sign that contains city of Dallas +contact information to which customers may report service or health concerns or +complaints. +   (c)   No free standing signs are permitted as part of the vending operation. +   (d)   Prices for goods or services must be conspicuously displayed on the +vending vehicle, the individual items offered for sale, or the display surface +or container. +     (e)   This section does not apply to the occasional sale of lemonade or +other nonalcoholic beverages from a stand on private property or in a public +park by an individual younger than 18 years of age. (Ord. Nos. 29023; 31375) +Code Comparative Table +Ordinance Number Specified Passage Effective Date Ordinance City Code Section + Date Section +Ordinance Specified Passage Effective Date Ordinance City Code Section +Number Date Section +13520 01-24-72   1 31-12.1(a) +      2 31-12.2 +      3 31-12.1(a), 12.2 +13521 01-31-72   1 Repeals 28-125, 125.1 +13522 01-31-72   1, 2, 3 13A-13, 14 +13525 02-07-72   1 46-15(g) +      2 46-19(a)(2) +13526 02-07-72   1, 2 13-12.2(b) +13547 02-21-72   1 2-133 thru + 135 +13548 02-21-72   1 46-15(h) +      2 46-19(a)(2) +13558 02-28-72   1, 2 28-393.1 +13559 02-28-72   1, 2 43-126(a) thru (d) +13574 03-06-72   1 Repeals 21-1 thru 9 +      2 Repeals 29-4 +      3 thru 5 29-5 thru 7 +      6 29-9(a), (b) +      7 29-11 +      8, 9 29-24, 25 +      10 29-33 +      11 29-34 thru 39 +      12 Ch. 29 (note) +13583 03-13-72   1 2-16(4), (5) +      2 2-71 thru + 75 +13605 04-03-72   1, 2 28-49.1 +13610 04-10-72   1 thru 3 50-30(b) +13624 04-17-72   1, 2 15-144, 145 +13625 04-17-72   1 31-47 +13636 04-24-72   1 Repeals 38A-1 thru 14 +13677 06-05-72   1, 2 28-393, 394 +13678 06-05-72   1 15-145(d) +13680 06-05-72   1 39A-1 thru + 8 +13686 06-12-72   1 9-1 thru + 5 +13701 07-03-72   1 Repeals 37-31 thru 38 +      2 Repeals 31-11 +      3 Repeals 13-40 thru 44 +13708 07-10-72   1 28-369 +      2, 3 28-393 +13718 07-17-72   1 2-136, + 137 +      2 2-138, + 139 +13743 08-07-72   1 28-168.1 thru 8 +      2 Repeals 28-115 +13744 08-07-72   1 30-1 thru + 4 +13745 08-07-72   1 31-61 +13752 08-14-72   1 25A-1 thru + 15 +      2 Repeals 8-1 thru 29 +13764 08-21-72   1 Repeals 43-10, 11 +13765 08-21-72   1 Repeals 41-1 thru 6 +13766 08-21-72   1 15D-1 thru + 9 +      2 Repeals 28-63 thru 72 +13772 08-28-72   1 18-1 thru + 12 +13777 09-05-72   1 35-153(j) +13782 09-11-72   1 15D-3 +13795 09-18-72   1 50-1 thru + 98 +      2 Repeals 3-2 thru 10 +      3 Repeals 29-1 thru 39 +13796 09-18-72   1 18-13 thru + 18 +      3 Repeals 19-118 thru 124 +13804 09-25-72   1 7A-18 +      2 7A-20 +13811 10-02-72   1 10-1 thru 25 +13812 10-02-72   1 49-65.1 +      2, 4 49-65.1 (note) +13827 10-02-72   1 50-75 +13828 10-02-72   1 37-39 +13831 10-09-72   1 26-1(a) +      2 26-6(i) +      3 26-7(a) thru (c) +      4 26-7(4r) +      5 26-7(7r) +      6 26-7(19r) +      7 26-7(20p) +      8 26-8 +      9 26-11 +      10 26-35(f)1 +      11 26-35(i) +      12 26-35(r) +      13 26-37 +      14 26-39 +      15 26-43 +      16 26-44(17P) +      17 26-44(24P) +13832     1 13-5.3 +      2 13-5.4 +13849     1 Repeals 7-1 thru 42 +      1 7-1 thru 39 +13875     1 9-6 +13898     1 43-63 +13900     1 18-19 thru + 28 +      2 Repeals Ch. 28 Art. XVIII +13932 01-02-73   1 9B-6 thru 9 +      2 37-39 +13935 01-08-73   1 2-140, + 141 +      2 Repeals 15A, 15B +13966 01-29-73   1 Ch. 50, Art. VIII +13976 02-05-73   1 31-11 +13977 02-05-73   1 Ch. 15D, Art. II +      3 Repeals 28-75 thru 83, 357 thru 360 +13993 02-19-73   1 42-1 thru 16 +14001 02-16-73   1 28-369 +14002 02-26-73   1 26-7(a) thru (c) +14012 03-12-73   1 19A-1 thru 12 +14013 03-12-73   1 2-71 thru + 75 +      2 15-98 +      3 15-107 +      4 35-15 +      5 35-178 +14029 03-26-73   1 Repeals 14-7 +      2 Repeals 14-30 +14060 04-16-73   1 37-67 +14061 04-16-73   1 19-118 +14082 04-30-73   1 49-1 +      2 49-1.1 +      3 49-8 +      4 49-9 +      5 49-11 +      6 49-15 +      7 49-20 +      8 49-22 +      9 49-23 +      10 49-28 +      11 49-31 +      12 49-51 +      13 49-54 +      14 49-57 +      15 49-69 +      16 49-71 +      17 49-76(1) +      18 Repeals 49-56 +14083 04-30-73   1 2-126 +14086 04-30-73   1 41-1 thru 35 +      3 Ch. 41 (note) +14111 05-14-73   1 31-84 +14163 07-02-73   1 Repeals 2-61 thru 70, 104 +      2 Repeals 2-130 thru 132 +      3 Repeals 19-1, 19-1.1 +14164 07-02-73   1 2-76 thru + 2-81 +14165 07-02-73   1 24-7, + 8, Repeals 24-9 thru 11 + Adds +      2 24-9 thru + 11 +14166 07-02-73   1 2-41 thru + 43 +14167 07-02-73   1 46-9.1 +14180 07-16-73   1 8-1 thru + 27 +14211 08-13-73   1 2-82 thru + 84 +14212 08-13-73   1 2-38 thru + 40 +14213 08-13-73   1 2-21, + 23 +      2 Repeals 2-23 thru 26 +14214 08-13-73   1 Adds + 2-48, 49 + Adds +14215 08-13-73   1 2-50, + 51 + Adds +14216 08-13-73   1 2-46, + 47 +14217 08-13-73   1 19-1 +      2 19-1.1 + Adds + 19-119 thru +14218 08-20-73   1 124, + 19-125 thru + 127 +14219 08-20-73   1, 2 18-2 + Adds +      3 18-29 thru + 39 + Adds +14267 09-24-73   1 37-75 thru + 84 +14300 10-15-73   1 Adds 42-17 thru 22 + Adds +14319 11-05-73   1 2-44 thru + 45 +14326 11-12-73   1 8-17 +      2 8-21 +14351 12-10-73   1 thru 3 11-12, 13 +      4 Repeals 11-15 thru 17 +14368 12-17-73   1 Repeals 31-12 +14369 12-17-73   1 50-13 +      2 50-16(b) +      3 50-19(a) +      4 50-31(a) +      5 50-33 +      6 50-34 +      7 50-73 +      8 50-112(b), (c) +      9 Repeals 50-32 +14373 12-31-73   1 49-1.1 +14383 12-31-73   1 45-3 +      2 45-37 +      3, 4 45-1 +      5 45-60 +      6 Repeals 45-65 + 5-2 thru + 4, + 8, + 9, + 11, +14384 12-31-73   1 12, + 14 thru + 30, + 32, + 33, + 36 thru 42, 44, 45 +      3 Repeals 5-35 +14385 12-31-73   1 Adds + 2-139 (b)(3) +14392 01-14-74   1 17-9 +14470 03-18-74   1 18-4(A)(2) +      2 18-5 +      3 18-10(A) +      4 18-10(C)(2) +14486 04-01-74   1 Adds + Ch. 15B + Adds +14487 04-01-74   1 50-113 thru + 130 +14494 04-08-74   1 18-19 +      2 18-20(b) +      3 18-21(a) +      4 18-27 +      5 Repeals 18-23 +14515 04-29-74   1 19A-5 +14552 05-20-74   1 46-14 +14566 05-28-74   1 18-32 +14584 06-10-74   1 Ch. 28 + Adds +14586 06-10-74   1 15D-31 thru + 35 +14587 06-10-74   1 Adds + 7A-7.1 +14588 06-10-74   1 Adds + 3-2 +14602 07-01-74   1 26-3(g) +      2 26-6(i) +14615 07-22-74   1 49-75 +      2 49-77 +14648 08-19-74   1 28-26.1 +14649 08-19-74   1 Adds 41-31(d) +      2 Adds 41-36, 37 +14677 09-23-74   1 Adds 41-7(d) +      2 41-13(i)(1) +14682 09-23-74   1 Adds + 19-37.1 +14683 09-30-74   1 Adds 45-15.1 +14684 09-30-74   1 32-22 +14685 09-30-74   1 15D-10 thru + 30 +14686 09-30-74   1 28-4(b) +14696 10-07-74   1 28-44 +      2 28-59 +14697 10-07-74   1 41-2 +      2 41-7(d) +14721 10-21-74   1 41-2 +14730 11-04-74   1 46-14 +      2 46-15(b) +      3 46-15(c) + Adds +14736 11-11-74   1 6A-1 thru + 11 +14737 11-11-74   1 43-123 +14755 11-25-74   1 42-1 thru + 12 +14756 11-25-74   1 45-43 +      2 Adds 45-43.1 +14757 11-25-74   1 10-8(a)(3) +14762 12-09-74   1 Repeals 43-20 +14763 12-16-74   1 Adds + 2-142 thru 146 +14764 12-16-74   1 45-15.1(b) +14765 12-23-74   1 7-2 +14781 01-06-75   5 Repeals Ch. 35 +14796 02-03-75   1 27-19 +14799 02-10-75   1 9A-9 +14809 02-17-75   1 20A-1 thru + 14 +14818 02-26-75   1 28-44 +      2 28-46 +      3 28-59 +14834 03-10-75   1 46-4 +      2 46-4.3 +      3 Adds 46-9.2 +      4 Adds 46-9.3 +14854 03-31-75   1 Adds + 28-159.1 +14857 03-31-75   1 5-31 +14861 04-07-75   1 Adds + 7-1.1 +14862 04-07-75   1 46-13(a)(4) +      2 46-13(a)(10) +      3 46-14 +      4 46-15(b) +      5 46-15(c) +      6 46-15(e) +14869 04-14-75   1 28-44 +      2 28-59 +14872 04-22-75   1 49-10 +14875 04-22-75   1 Adds 2-147 thru 149 +14885 04-28-75   1 2-31 thru 37.1 +14896 05-19-75   1 46-9.2 +14900 05-27-75   1 28-24 + Adds +14911 06-09-75   1 28-128.1 thru + 128.7 +      2 28-52 +14920 06-23-75   1 50-36 +      2 50-42(g) +      3 50-43(b), (c) +      4 50-44(b) +      5 50-45(b) +      6 50-46 +      7 50-50 +      8 50-52 +      9 50-53 +      10 50-56 +      11 50-59 +      12 50-67 thru 69 +14921 06-23-75   4 Repeals Ch. 15 +14922 06-23-75   1 28-44 +      2 28-45(b) +      3 28-59 +14926 06-30-75   1 13-5.3 +      2 13-5.4 +      3 13-5.5 +14927 06-30-75   1 45-15.1(b) +14930 07-07-75   1 46-13 thru 19 +14932 07-14-75   1 6A-1(1), (2) +      2 6A-4(a)(3) +      3 6A-7(2) +      4 6A-8(a)(2) +      5 6A-10 +      6 6A-11 +14940 07-28-75   1 Repeals 37-43 thru 55 +14941 07-28-75   1 2-125 thru + 129 +14942 07-28-75   1 24-7(a) +14943 07-28-75   1 2-76 +14944 07-28-75   1 2-142 +      2 2-143 +14945 07-28-75   1 13A-2 +14950 08-04-75   1 27-12 +      2 27-13 +      3 Adds 27-13.1 +      4 27-15 +14952 08-04-75   1 46-14 +14955 08-11-75   1 43-123 +      2 Adds + 43-126.1 +14971 08-18-75   1 Ch. 31 +14974 08-25-75   1 Adds + 28-26(c) +      2 28-44 +      3 28-45(a) +      4 28-45(b) +      5 28-59 + Adds +14983 09-02-75   1 50-144 thru + 151 + Adds +14990 09-16-75   1 50-131 thru + 143 +14995 09-22-75   1 2-19 +      2 Repeals 2-75, 16-145, 50-41 +14996 09-22-75   1 15D-20 +      2 15D-22 +      3 15D-23 +15000 09-29-75   1 41-2 +      2 41-2 +      3 41-7 +      4 Repeals 41-13(b)(4) +      5 41-13(i) +      6 41-14(e)(2) +      7 41-16(c) +      8 41-30, 31 +15001 09-29-75   1 15D-1(a) +      2 15D-2(b) +      3 15D-4(b)(2) +      4 15D-4(c) +      5 15D-4(d) +      6 15D-1(e) +15002 09-29-75   1 18-9(C)(1)(a) +      2 18-11 +15003 09-29-75   1 Adds + 2-52 thru 54 +15004 09-29-75   1 2-138 thru + 139 +      2 28-2(17) +      3 Ch. 28, Div. 1 +      4 28-7 +      5 Repeals 28-6 +15005 09-29-75   1 2-49 +      2 Repeals 2-44.1(e) +15028 10-20-75   1 41-30 thru 32 +15035 11-03-75   1 2-122(j) +      2 Adds 2-122.1 +15045 11-10-75   1 50-36 +      2 50-43(a), (b) +      3 50-51(a) +      4 50-55 +      5 50-59 +      6 50-67 +      7 50-69(a) +      8 50-70 +      9 50-71 +15055 11-24-75   1 49-15(a) +15064 12-08-75   1 Adds + Ch. 39B +15065 12-08-75   1 2-122.1 + Adds +15071 12-29-75   1 32-61 thru + 83 +15072 12-29-75   1 43-99 thru + 106 +15073 12-29-75   1 Repeals 20-32 thru 54 +15079 01-05-76   1 Ch. 5A +15084 01-26-76   1 31-14 +15094 02-02-76   1 9B-6 +15105 02-16-76   1 Adds + 1-5.1 +15123 03-08-76   1 43-33 +      2 43-34 +      3 43-135 thru + 139 +      3 Adds 43-139.1 +15124 03-08-76   1 Adds + 28-24.1 +15126 03-15-76   1 8-1.1 +15127 03-15-76   1 Ch. 45 +15145 04-05-76   1 46-18(a) +      2 46-20 +15147 04-12-76   1 14-27(d) +      2 22-2 +      3 47-1 +15147 04-12-76   1 14-27(d) +      2 22-2 +      3 47-1 +      4 47-24 +      5 Repeals 44-17 thru 21, 33.1 thru 33.4 +      6 Repeals 47-7 thru 10 +15167 05-03-76   1 43-127 +15179 05-10-76   1 49-84 +      2 49-100 +      3 Adds 49-100.1 + 49-107 thru 109, Adds 49-109.1, 49-110, +      4 Adds 49-110.1, 49-111, 112, Adds 49- + 112.1, 112.2 +      5 Adds 49-134, 135 +15194 06-01-76   1 28-26(c) +      2 28-44 +      3 28-45(a) +      4 28-45(b) +      5 28-59 +      6 28-71 +      7 28-77(b) +      8 28-122 +      9 28-156 +      10 28-157 +      11 28-158 +      12 28-159 +      13 28-159.1 +      14 28-190(c) +15195 06-01-76   1 32-40 +      2 32-44 +15196 06-01-76   1 49-15(f) +15197 06-01-76   1 Adds 13A-8.1 +15198 06-01-76   1 Ch. 27 +15202 06-07-76   1 Adds + 27-14.1 +15204 06-14-76   1 42-3 +15207 06-21-76   1 Adds + Ch. 31A +15208 06-21-76   1 31-20(a) +15214 06-28-76   1 Ch. 14 +15215 06-28-76   1 Ch. 9A +15216 07-06-76   1 13A-2 +15220 07-06-76   1 44-16 +15225 07-12-76   1 43-99(a) +15234 07-26-76   1 Adds + 31-25 +15243 08-02-76   1 31-26 +15244 08-02-76   1 46-9.2 +15246 08-09-76   1 19-118 +15247 08-09-76   1 31-27 +15256 08-23-76   1 Ch. 43A +15269 09-13-76   1 46-9.2 +      2 46-9.3 +15271 09-13-76   1 2-16(4) +15272 09-13-76   1 Ch. 7 +15278 09-27-76   1 26-7.1 +15279 09-27-76   1 2-11.2(b) +      2 2-16(4) +      3 2-33(b) +      4 2-37(4) +      5 2-83 +      6 5-3(a) +      7 5-10 +      8 13-9 +      9 13-11 +      10 13-20 +      11 13-24 +      12 13A-8 +      13 13A-9 +      14 50-42(b) +      15 Repeals 2-81, 13-14, 13-28 +15289 09-27-76   1 18-9(C)(1)(a) +      2 18-9(C)(3) +      3 Adds 18-11.1 +15302 10-05-76   1 9A-1 +      2 9A-2(a) +      3 9A-3(b) +      4 9A-4 +      5 9A-5 +      6 9A-8(b) +      7 9A-9(a) +15303 10-05-76   1 14-5 +      2 14-9(b) +      3 14-11(b) +      4 Repeals 14-4(e) +15315 10-18-76   1 2-16(4) +15331 11-01-76   1 37-18 +15335 11-08-76   1 Adds + 2-16(6) +15357 12-06-76   3 Repeals 16-161 +15360 12-06-76   1 13A-8 +15361 12-06-76   1 49-77 +15365 12-13-76   1 46-13(a)(1) +      2 46-15 +      3 46-16 +      4 46-18(a) +      5 46-18(d) +      6 46-18(e) +      7 46-20 +15371 12-20-76   1 6-10 + Adds +      2 6-11, + 12 +15372 12-20-76   1 27-11(d) +      2 27-11(f) +      3 27-12 +      4 27-13(b) +      5 27-13(h) +15378 01-03-77   1 8-1.1 +15396 01-24-77   1 49-1 +      2 49-1.1 +      3 49-1.2 +      4 49-8(a) +      5 49-8(f) +      6 49-15(b) +      7 49-52 +      8 49-58 +      9 49-109.1(a)(4) +15401 01-31-77   1 41-32 +15405 01-31-77   1 49-1 +      3 Adds 49-1.3 +      5 Adds 49-1.4 +15414 02-07-77   1 Ch. 40A +15415 02-07-77   1 9A-9(b), (c) +      2 14-12(b), (c) +15422 02-14-77   1 Adds 49-15.1 +15424 02-14-77   3 6-10 +15430 02-21-77   1 28-44 +15433 02-28-77   1 18-19(A)(1)(c) +      2 18-19(A)(2)(c) +15434 02-28-77   1 Adds + Ch. 15A +15455 03-28-77   1 28-44 +      2 28-45(a) +      3 28-46 +      4 28-59 +      5 28-87 +15456 03-28-77   1 Ch. 19, Art. X +15472 04-18-77   1 31-22 +      2 Adds + 31-22.1 +15485 04-25-77   1 34-7 +15511 05-16-77   1 46-15(e)(2) +      2 Adds 46-15(h) + Adds +15519 05-25-77   1 2-37.2 thru + 37.9 +      2 Repeals 2-29 +      2 Repeals Ch. 37, Art. VI +15525 06-01-77   1 Ch. 16 +15526 06-01-77   1 25A-1(b) +      2 25A-2 +      3 25A-5 +      4 25A-11 +15527 06-01-77   1 6-12 +15527 06-01-77   1 7-24(e) +15538 06-15-77   1 46-1 +      2 46-3 +15541 06-22-77   1 28-44 +      2 28-59 +15552 07-13-77   1 Ch. 9A +15555 07-13-77   1 44-35(a), (b) +15562 07-20-77   1 Repeals Ch. 2, Art. X +15573 08-03-77   1 31-21(b) +15574 08-03-77   1 2-125(3) +      2 2-126 +15578 08-10-77   1 Ch. 17 +15579 08-10-77   1 13A-2 +15597 08-31-77   1 Adds + 31-28 +15603 09-07-77   1 13-2.1 +      2 13-2.2 +      3 13-2.3 +      4 13-3 +      5 13-4 +      6 Repeals 13-2.4 thru 2.7, 13-5 thru 13- + 5.2, 13-6 +15612 09-14-77   1 Adds + 15D-10(q) +      2 15D-15 +      3 15D-16 +      4 15D-17 +      5 15D-18 +      6 15D-20 +      7 15D-21 +      8 15D-22 +      9 15D-24 +      10 Adds + 15D-26(c) +      11 15D-27 +      12 15D-29(e) +15621 09-28-77   1 2-141 +      2 Adds + Ch. 2, Art. XIX +15626 09-28-77   1 28-113 +15627 09-28-77   1 18-9(C)(1),(2) +15628 09-28-77   1 15D-2(b) +15629 09-28-77   1 5-33 +15630 09-28-77   1 49-25 +      2 49-69(a) +      3 49-70 +      4 49-102 +15635 10-05-77   1 6-6.1 +15646 10-12-77   1 41-29 +15648 10-12-77   1 28-184(a), (f) +15655 10-26-77   1 Ch. 19, Art.VI +15669 11-02-77   1 6-4 +15684 11-23-77   1 44-35(a) +15686 11-23-77   1 28-63.1 +15690 11-30-77   1 41-2 +      2 41-6 +      3 Adds 41-9.1 +15699 12-14-77   1 28-44 +      2 28-59 +      3 28-71 +15720 12-21-77   1 18-19(d) +      2 18-20(b) +      3 18-21(b) +      4 18-22(b) +      5 Adds + 18-23 +15721 12-21-77   1 Ch. 14 +15760 03-01-78   1 28-44 +      2 28-59 +15789 03-29-78   1 7-1 +      2 7-9 +      3 7-18 +      4 Adds 7-18.1 +      5 Adds 7-18.2 +      6 7-29(b) +      7 7-32 +15790 03-29-78   1 49-1 +      2 49-1.3 +15801 04-05-78   1 Ch. 10 +15815 04-19-78   1 41-18 +      2 41-32 +15816 04-19-78   1 6-6.1 +15834 05-24-78   1 49-77 +15835 05-24-78   1 28-44 +      2 28-59 +15848 05-31-78   1 8-1.2 +      2 8-20(e) +15849 05-31-78   1 6-6.1(d) +15857 06-14-78   1 Repeals Ch. 23 +15868 06-21-78   1 Adds + 6-13 +15890 07-19-78   1 28-107 +15899 08-02-78   1 Ch. 15 +15900 08-02-78   1 18-18 +15904 08-09-78   1 1-6 +15919 08-16-78   1 27-3(19) +      2 27-7 +      3 27-9 +      4 27-11(c) +      5 27-13 +      6 27-14(d) + Adds +      7 27-14.2, + 14.3 +15936 09-06-78   1 28-59 +15948 09-13-78   1 18-11 +15949 09-13-78   1 28-4 +15955 09-20-78   1 Ch. 2, Art. XIII +15956 09-20-78   1 Ch. 2, Art. V-e +15962 09-27-78   1 49-1.2(c) +      2 49-6 +      3 49-8(f) +      4 49-8(g) +      5 49-36 +      6 49-135 +15963 09-27-78   1 49-70(c) +      2 49-74(c) +15968 09-27-78   1 7-1 +      2 7-24(a) +      3 7-25 +      4 7-26 +      5 7-28 +15969 09-27-78   1 18-9(c)(1) +15970 09-27-78   1 50-101 +15971 09-27-78   1 19-28 +15972 09-27-78   1 2-16(6) +15979 10-04-78   1 2-126(c) +15983 10-09-78   1 Adds + Ch. 14B +      2 Repeals Ch. 2, Art. IX, X +15984 10-09-78   1 16-19.104 +16018 11-08-78   1 28-44 +      2 28-45(a) +      3 28-59 +16023 11-15-78   1 50-150(a) +      2 50-151(a) +16024 11-15-78   1 2-11.1 +16035 12-06-79   1 42-1 +      2 Adds Ch. 42, Art. I-a +16066 01-03-79   1 9A-3 +      2 9A-8 +      3 9A-9 +16067 01-03-79   1 14-3 +      2 14-11 +      3 14-12 +16091 01-24-79   1 28-44 +16105 01-31-79   1 15A-2 +      2 15A-3 +      3 15A-6 +16126 02-14-79   1 Adds + Ch. 37A +16130 02-14-79   1 47-1 +      2 47-24 +16133 02-21-79   1 46-13(a)(7) +      2 Adds + 46-13 (a)(14) +      3 46-18(c) +      4 46-19 +16157 03-21-79   1 Ch. 9B +16159 03-21-79   1 2-16 +16166 04-04-79   1 28-44 +      2 28-45(a) +      3 28-45(b) +      4 28-59 +16176 04-11-79   1 41-16 +      2 41-18 +16177 04-11-79   1 49-1.4(a) +16210 05-02-79   1 Art. I +16218 05-09-79   1 9B-9 +16220 05-09-79   1 49-74(c) +      2 49-77 +16226 05-16-79   1 8-26 +16232 05-23-79   1 Adds Art. I +16239 05-30-79   1 13A-2 +16264 06-21-79   1 Repeals 2-76, 77 +16270 06-20-79   1 46-12.3 +16271 06-27-79   1 Adds + 43A-6(f) +      2 Adds + 43A-8(d) +      3 43A-17(c) +      4 43A-19 +      5 Adds + 43A-20(h) +      6 Adds + 43A-20.1 +      7 43A, Table I +16287 07-11-79   1 2-37.8 +      2 28-4, Title +      3 28-4(b)(7) +16288 07-11-79   1 28-44 +16295 07-18-79   1 46-15(e)(1) +16297 07-18-79   1 Repeals 16-1.202(b) +      2 16-1.204(b) +      3 16-1.207(b) +      4 16-1.212 (a), (b) +      5 16-1.215(a) thru (f) +      6 Repeals 16-11.109 +      7 16-11.110 +      8 16-12.110 +      9 16-13.101 +      10 16-13.104(3) +      11 16-13.105 +      12 Adds 16-13.502A +      13 16-13.505 +      14 16-13.602 +      15 16-13.604 +      16 16-13.607 +      17 16-15.211 +      18 16-15.503 +      19 16-20.102 +      20 16-21.210 +      21 16-27.216 +      22 Repeals 16-29.102 +      23 16-30.101 +      24 16-31.204 +      25 16-32.112 +16302 07-18-79   6 34-9 +16309 07-25-79   1 Adds Art. XII +      2 Repeals 43-123 thru 126.1, 128, 130 + thru 132 +16310 07-25-79   1 31-26 +16314 08-01-79   1 10-3(c) +      2 10-13(c) +      3 Adds 10-22(f) +      4 10-26 +      5 10-30(c) +16367 09-26-79   1 Ch. 18, Art. I +      2 18-18 +      3 18-21(b) +      4 Adds + 18-31(d) +16368 09-26-79   1 15D-2 +16369 09-26-79   1 2-16 +16384 10-10-79   1 42-14(c), (d) +      2 42-15 +16388 10-17-79   1 2-122.2 +16403 11-07-79   1 15D-27 +16411 11-14-79   1 28-44 +      2 28-45(a) +      3 28-59 +16434 12-12-79   1 49-1 +      2 49-1.3 +16435 12-12-79   1 18-9(c)(1) +      2 18-9(c)(4) +16442 12-19-79   1 2-34(d) +16443 12-19-79   1 31-3(a) +      2 31-3(e) +      3 31-3(f) +16444 12-19-79   1 49.1.1(b) +      2 49.1.1(e) +      3 49-1.2(b) +      4 49-8(a) +      5 49-11(b), (c) +      6 49-15 +      7 49-15.1 +      8 49-58 +      9 49-109.1 +16451 01-09-80   1 41-2 +      2 41-5 +      3 41-7 +      4 41-8(c) +      5 41-8(f), (g) +      6 41-10 +      7 41-12(b)(2) +      8 41-12(c) +      9 41-13(a) +      10 41-13(c), (d) +      11 41-13(i) +      12 41-15 +      13 41-22 +      14 41-31 +      15 41-32 +      16 41-31.1 +      17 41-33 +16462 01-16-80   1 16-8.104 +      2 16-11.402 +      3 Ch. 16, Art. XII +      4 16-15.215 +      5 16-15.1002 +      6 16-26.201 +      7 16-32.107 +      8 16-33.105(b) +      9 16-33.107 +      10 Ch. 16, Appendix D +16467 01-23-80   1 8-1.3 +16470 01-23-80   1 15D-5(b)(5) +16471 01-23-80   1 50-145(a) +      2 50-146(b) +      3 50-149 +      4 50-150(a) +      5 50-151 +16473 01-23-80   1 27-3(19) +      2 27-8(a) +      3 27-10 +      4 27-11(b) +      5 27-11(c) +      6 27-13 +      7 27-15 +      8 27-16 +16475 01-30-80   1 28-59 +16476 01-30-80   1 50-43 +      2 50-99 +      3 50-101 +      4 50-109(b) +      5 50-111 +      6 50-116 +      7 50-122(d) +      8 50-123 +      9 50-128(b) +      10 50-131 +      11 50-134 +      12 50-137(a) +      13 Repeals 50-102(1)(d), 115(2)(d), 136(3) + (b) +16477 01-30-80   1 28-4(f) +16478 01-30-80   1 15D-23 +16501 02-27-80   1 28-45(a) +16503 03-05-80   1 32-8 +16520 03-19-80   1 49-100.2 +16524 04-02-80   1 28-44 +16525 04-02-80   1 8-1.4 +16545 04-23-80   1 43-116 +16554 04-30-80   1 15D-15(c) +      2 15D-16(d) +      3 15D-16(f) +      4 15D-17(a) +      5 15D-18(3)(a) +      6 15D-18(c) +      7 15D-18(d) +      8 15D-20 +      9 15D-21(a) +      10 15D-22 +      11 15D-28 +16577 05-23-80   1 28-2 +      2 28-44 +      3 28-59 +16578 05-23-80   1 15D-16 +16585 06-04-80   1 31-12 +16586 06-04-80   1 6A-10(c) +16590 06-11-80   1 7-1.2 +      2 7-20 +      3 Repeals 7-19, 23 +16600 06-18-80   1 6-6.1 +16605 06-25-80   1 41-5 +16606 06-25-80   1 49-77 +16617 07-02-80   1 31-14.1 +16624 07-09-80   1 28-44 +16700 09-24-80   1 50-82 +      2 50-116 +      3 50-146(b) +16701 09-24-80   1 2-16(1) +16702 09-24-80   1 34-7(a) +      2 34-7(d) +16703 09-24-80   1 32-21 +      2 32-22 +      3 32-24 +      4 32-26 +      5 32-27 +      6 32-28 +16710 10-01-80   1 32-22.2 +16715 10-15-80   1 16-15.402(a) +      2 16-26.115(7) +      3 16-32.110 +16718 10-15-80   1 Ch. 15A, Article I +16788 12-10-80   10 44-1 +16801 12-17-80   1 2-33 +16813 12-17-80   1 41-7(a) +16814 12-17-80   1 41-32.1 +16815 12-17-80   1 34-9 +16821 01-07-81   1 28-44 +      2 28-59 +16833 01-14-81   1 34-8 +16834 01-14-81   1 43-127 +16835 01-14-81   1 50-156 +      2 50-157 +16849 01-28-81   1 44-3 +16850 01-28-81   1 15D-24 +      2 15D-25 +      3 15D-26 +16851 01-28-81   1 2-122.3 +16870 02-11-81     Repeals 6-7, 8 +16881 02-18-81   1 32-11.3 +16882 02-18-81   1 39B-2; + 39B-3 +16886 02-25-81   1 40A-1 +      2 40A-9(c) +      3 40A-13 +      4 40A-14(c) +      5 40A-16 +      6 40A-18 +      7 40A-19 +      8 40A-21(b) +      9 40A-22 +      10 40A-23 +      11 40A-27 +16901 03-11-81   1 28-44 +      2 28-59 +16923 03-25-81   1 Adds + Ch. 2, Art. XXI +16926 03-25-81   2 Repeals 19A, 34, 41, 2-16, 2-21, 2-22, + 31-16, 31-17 +16969 04-29-81   1 10-1(1) +      2 10-2 +      3 10-3(d) +      4 10-4 +      5 10-5 +      6 10-8(a) +      7 10-9(a) +      8 10-10 +      9 10-12 +      10 10-22 +      11 10-29 +      12 10-30(d) +      13 10-31 +      14 10-36 +      15 10-37 +      16 10-38 +16986 05-20-81   1 28-44 +      2 28-59 +      3 28-71 +17028 07-01-81   1 46-18 +17029 07-01-81   1 13-3 +      2 13-6 +      3 13-7 +      4 13-20 +      5 13-21 +      6 13-24 +      7 Repeals 13-8 thru 13-23 +17030 07-01-81   1 13-25 +17031 07-08-81   1 28-59 +17032 07-08-81   1 49-1 +      2 49-1.1 +      3 49-1.2 +      4 49-1.3(b) +      5 49-1.3(e) +      6 49-1.4(a), (b) +      7 49-1.5 +      8 49-1.6 +      9 49-5 +      10 49-6 +      11 49-8 +      12 49-10 +      13 49-11 +      14 49-25(a) +      15 49-35 +      16 49-36(d) +      17 49-52(a), (b) +      18 49-58 +      19 49-69(a) +      20 49-70(c) +      21 49-71(c) +      22 49-102 +      23 49-109.1(a) +17041 07-15-81   1 28-44 +17063 07-22-81   1 28-59 +      2 28-71 +17080 07-29-81 10-1-82   116-13.401A +17087 08-05-81   1 8-1.4(a) +17090 08-12-81   1 32-11.4 +17096 08-19-81   1 17-5.4(a) +      2 17-8.1(a) +      3 17-8.1(b) +      4 17-8.4(a) +      5 17-9.2(c) +      6 17-9.6(a) +      7 17-9.18(b) +17097 08-19-81   1 16-13.401 +17099 08-19-81   1 50-43(a) +      2 50-43(b) +      3 50-67(b) +17131 09-16-81   1 2-11.2(c) +17133 09-16-81   1 18-9(c) +      2 18-11 +17134 09-16-81   1 19-82.1 +17135 09-16-81   1 28-157 +17136 09-16-81   1 2-130- + 132 +17139 09-23-81   1 2-151(a) +17146 09-30-81   1 28-44 +17149 09-30-81   1 50-146(b) +17151 09-30-81   1 9B-6(b) +17157 10-07-81   1 2-27 +      2 2-49 +17166 10-14-81   1 28-59 +17167 10-14-81   1 28-27.1 +17200 11-11-81   1 Ch. 2, Article XXII +17207 11-18-81   1 10-4 +      2 10-10(a) +      3 10-10(d) +      4 10-31 +      5 10-38(a) +      6 10-38(c) +17208 11-18-81   1 15D-16(b) +      2 15D-17(a) +17225 12-09-81   1 28-27.1 +17226 12-09-81 2-3-82   12-41, 42 + 2-43, +      2 44, + 45 +      3 2-46, + 47 +      4 2-52, + 53, 54 + 2-71, + 72, +      5 73, + 74, + 75 +      5A 2-76, 77, 78, 79, 80, + 81 +      6 2-139 +      7 2-142, + 143 +      8 5A-3(3) +      9 7-1(2) +      10 7-1(4) +      11 7-1.2 +      12 7-2 +      13 7-4 +      14 7-11 +      15 7-18.1 +      16 7-18.2(a) +      17 7-18.2(b) +      18 7-20 +      19 7-24(a) +      20 7-25 +      21 7-26 +      22 7-27 +      23 7-28 +      24 7-35 +      25 7-39 +      26 7A-20 +      27 10-1(4) +      28 13-1.1 +      29 13-25(c) +      30 Ch. 14B +      31 15-4(c) +      32 15D-1(d) +      33 15D-10(c) +      34 17-1.3 +      35 17-1.5(3)(4) +      36 18-12 + 18-15, +      37 16, + 17, + 18 +      38 18-19(a)(3) +      39 18-28.1 + 18-31, +      40 32, + 33 +      41 18-37 +      42 19-1 + 19-38, + 39, + 40, + 41, +      43 42, + 43, + 44, + 45, + 46, + 46.1 +      44 19-86(2) +      45 19-119(1) +      46 25A-1(b) +      47 27-3(1) +      48 27-3(6) +      49 28-2(17) +      50 28-127, + 128 +      51 28-140 +      52 40-8 +      53 42-1(4) +      54 43A-1(1) +      55 45-1.5(2)(3) +      56 47-24(h)(i) +      57 Ch. 50 Title, Art. I +      58 50-1 +      59 50-39 +      60 50-99(a) +      61 50-113(a) +      62 50-131(l) +      63 50-144(b)(1) +      64 50-155(3) +      65 50-163 +      73 Ch. 52, 201 + Repeals Ch. 2, Art. IV-a, Ch. 2, Art. +      74 XV, 27-4, 28-7, Ch. 37, Art. IV, 50-3 + (b) +17237 12-16-81   1 19-28 +17251 01-06-82   1 45-2.11(b) +      2 45-3.9 +      3 45-6.4 +17256 01-13-82   1 16-12.107 +      2 16-35.105 +      3 Repeals 16-13.403, 404, 405, 35.106 +17259 01-13-82   1 2-21, + 26.1 +      2 Repeals 2-29.1, 2-30 +17276 01-27-82   1 16-1.215(h) +17278 01-27-82   1 2-130, + 131 +17293 02-10-82   1 17-1.3 +      2 17-1.5(3)(4) +      3 19-1 +      4 50-163 +17344 03-24-82   1 5A-6 +      2 5A-3 +17345 03-24-82   1 28-44 +      2 28-45 +      3 28-59 +17353 03-31-82   1 13A-10.1 +      2 2-83 +17386 04-28-82   1 2-37.7(c) +17392 04-28-82   1 2-133(a)(3) +17393 04-28-82   1 2-132 +      2 19-1.1 +      3 20A-6 +      4 37-78 +      5 50-100 +      11 52-209(c)(2) + 2-76, 2-77, +      12 2-128, + 19-46.1 +17398 05-05-82   1 39B-2 +      2 39B-3 +      3 39B-5 +      4 39B-6 +      5 Ch. 39B, Article II +17406 05-12-82   1 28-4(f) +17407 05-12-82   1 49-15 +17413 05-19-82   1 28-89 +      2 Repeals 28-90, 91, 92 +      3 28-95 +      4 28-96 +      5 28-110 +17416 05-19-82   1 2-133(a) +17456 06-30-82   1 28-44 +      2 28-59 +17457 06-30-82   1 2-24(g) +17481 07-28-82   1 13-15.1 +17489 08-04-82   1 8-1.3 +17498 08-18-82   1 Adds 5-55 +17499 08-18-82   1 28-121.1 +      2 28-121.2 +      3 28-121.3 +      4 28-121.4 +      5 28-121.5 +      6 28-121.6 +17500 08-18-82   1 Ch. 22, Article XX +17517 08-25-82   1 46-13(a) +      2 46-15(e) +      3 46-19(b) +      4 46-20(a) +17545 09-22-82 10-1-82   118-9(c)(1), (2) +17546 09-22-82 10-1-82   115D-2(b) +17547 09-22-82   1 2-37.8 +      2 28-4(b) +17548 09-22-82 10-1-82   149-1 +      2 49-1.1(b) +      3 49-1.1(e) +      4 49-1.1(f) +      5 49-1.2(b) +      6 49-1.2(c)(2) +      7 49-1.3(b) +      8 49-1.4 (a), (b) +      9 49-1.5 +      10 49-1.7 +      11 49-36(d) +      12 49-37 (title) +      13 49-37(g), (h), (i), (j) +      14 49-52 +      15 49-58 +      16 49-59 +      17 49-69(a) +      18 49-70(c), (d) +      19 49-109.1(a)(4) +      21 49-1.3 +17576 10-20-82 §3, 5-1-85   128-44 +      2 28-59 +      3 28-59 +17586 10-27-82   1 Ch. 15C +17597 11-10-82   1 18-13 +      2 18-14 +      3 18-17 +      4 18-18 +      5 Repeals 18-16 +17618 11-24-82   1 50-19 +17640 12-15-82   1 28-182 +17642 12-15-82   1 Adds + 2-26.2 +17653 12-15-82   1 Adds + 44-17 +17667 01-05-83   1 28-44 +17672 01-19-83   1 2-37.5 +      2 2-37.6 +      3 2-37.9 +      4 2-37.10 +      5 2-37.11 +17673 01-19-83   1 15D-27(a) +17674 01-19-83   1 17-1.5(10) +      2 17, Art. VIII, Adds Div. 1 +      3 17, Art. VIII, Adds Div. 2 +17675 01-19-83   1 50-153 +      2 50-155 +      3 50-156 +      4 Adds 50-156.1 +      5 50-157 +      6 50-159 +      7 Adds 50-159.1 +      8 Adds 50-159.2 +      9 50-160 +      10 50-161 +      11 50-164 +      12 50-165 +      13 50-167 +      14 50-168 +      15 Repeals 50-166 +17677 01-19-83 §2, 2-1-84   128-59 +      2 28-59 +17700 02-02-83   1 2-32 +      2 2-33(a) +      3 2-34(a) +      4 2-34(c) +17702 02-02-83   1 2-150(c) +      2 2-151(b) +17713 03-02-83   1 40A-1 +      2 40A-4(a) +      3 40A-6(a) +      4 40A-18(d) +      5 40A-18(e) +      6 40A-21(b)(4) +      7 40A-22(a)(2)(D) +      8 40A-28(b) +      9 40A-25 +17725 03-02-83   1 28-59 +17727 03-02-83   1 16-1.212 +      2 16-13.606 +      3 16-13.608 +      4 Adds 16-13.610 +      5 16-27.301(a) +      6 Adds 16-27.304 +17728 03-02-83   1 2-37.1 +17739 03-16-83   1 2-133(a) +17743 03-16-83   1 Adds + 31-29 +17746 03-16-83   1 16-13.106 +      2 Adds 16-13.604A +      3 16-13.607 +      4 16-13.608 +17762 03-30-83   1 52-209(a) +17767 03-30-83   1 28-59 +17775 04-06-83   1 45-1.5 +      2 45-3.2(a) +      3 45-3.7(b) +      4 45-3.10 +      5 45-3.11(b) +      6 Adds 45-3.15 +      7 45-4.6 +      8 Adds 45-4.8 +      9 45-5.7 +      10 45-5.8 +      11 45-6.5 +      12 45-7.2 +      13 45-7.3 +      14 Adds 45-7.6, 7.7, 7.8 +      15 45-8.6(a) +17776 04-06-83   1 2-42 +17777 04-06-83   1 2, Art. IV, Div 2 +17792 04-20-83   1 28-72 +17815 04-27-83   1 Adds + 2-37.12 +17817 04-27-83   1 28-182 +17828 05-04-83   1 Adds 18-34.1 +17872 06-08-83   1 28-59 +17875 06-15-83   1 28-44 +      2 28-59 +17899 07-06-83   1 2-133 +17906 07-13-83   1 49-84 +      2 Adds 49-84.1 +      3 49-100 +      4 49-106 +      5 49-107 +      6 49-108 +      7 Adds 49-112.1(c) +17932 07-27-83   1 Adds Art. XXIII +17938 08-03-83 10-01-83 1 Adds + 2-17.1 +17939 08-03-83   1 Ch. 2, Art. XXII +17944 08-10-83   1 28-59 +17948 08-17-83   1 Adds + 8-20.1 +17953 08-17-83   1 2-155 +17955 08-24-83 09-01-83 1 Ch. 44, Article V +17964 09-07-83   1 28-113 + Adds +      2 28-114.1 thru + 28-114.12 +17985 09-28-83   1 18-13 +17987 09-28-83 10-01-83 1 18-9(c)(1), (2) +17988 09-28-83 10-01-83 1 17-9.6(a) +      2 17-9.8(b) +17989 09-28-83 10-01-83 1 43A-17(c) +17990 09-28-83 10-01-83 1 15D-2(b) +17991 09-28-83 10-01-83 1 49-1.1(b) +      2 49-1.1(e) +      3 49-1.1(f) +      4 49-1.2(b) +      5 49-1.2(c)(2) +      6 49-1.3(b) +      7 49-1.4(a), (b) +      8 49-1.7 +      9 49-6(b) +      10 49-8 +      11 49-11(d),(e), (f) +      12 49-37(i) +      13 49-69(a) +      14 Adds 49-69(g) +      15 49-70(c) +      16 49-102 +      17 49-109.1(a)(4) +17992 09-28-83 10-01-83 1 15-2(c) +      2 52-303(f)(1) +      3 52-303 (Table A) +18001 10-05-83   1 5A-14(d) +      2 7-24(f) +      3 7-29(b) +      4 13-1 +      5 16-1.209(e) +      6 16-12.112 +      7 16-13.401(f) +      8 16-27.303 +      9 16-27.304(d) +      10 17-9.18(b) +      11 27-10(d) +      12 49-84.1(c) +      14 52-214 +18027 10-26-83   1 52-209(a) +      2 52-210(a) +18029 10-26-83   1 Adds + Ch. 44, Art. IV +18033 11-02-83   1 45-3.2 +18034 11-02-83   1 49-77 +18044 11-16-83   1 Ch. 42, Art. I +      2 Repeals 42-9 +18056 11-23-83   1 2-26.2(g)(3) +18093 01-04-84   1 24-3 +      2 Adds + 24-6.1 +      3 Repeals 24-2, 24-4 +18094 01-04-84   1 Adds + 2-26.3 +      2 2-27 +18100 01-11-84   1 Ch. 39 +18119 01-11-84   1 Ch. 43, Art. VI +18122 01-11-84 07-11-84 1 16-13.101(12) +      2 16-13.104(3)(A) +      3 16-13.401A(c) +      4 16-13.502 +      5 16-13.503(3)(B) +      6 16-35.108(2) +18123 01-11-84 §1, 07-11-84 1 49-26 +    §2, 10-01-84 2 Repeals 49-26A +18136 01-18-84   1 52-301(a) +      2 52-301(c) +      3 52-303(b), (c) +      4 52-303 Table A +18147 01-25-84   1 16-13.106 +      2 Adds 16-13.403 +      3 16-19.104 +18181 (by 02-29-84 04-09-84 1 40A-1 +election) +      2 40A-4(a) +      3 40A-7 +      4 40A-9 +      5 40A-11(c) +      6 40A-13(a) +      7 40A-14(a) +      8 40A-16(a) +      9 40A-17(a) +      10 40A-19 +      11 40A-21 +      12 40A-22(a) +      13 40A-23(b) +      14 40A-28 +      15 40A-29 +18193 03-07-84   1 Adds + Ch. 19, Art. IVA +18200 03-14-84   1 Adds + Ch. 2, Art. IX +      2 7-18.2 +      3 9A-9 +      4 10-12 +      5 10-36 +      6 14-12 +      7 15D-8 +      8 15D-23 +      9 17-9.4(b) +      10 17-9.4(c) +      11 17-9.12(c) +      12 17-9.15(c) +      13 17-9.17 +      14 19-126 +      15 20-14 +      16 22-7 +      17 25A-9 +      18 28-167 +      19 28-176 +      20 32-28 +      21 45-2.10(d) +      22 46-11 +      23 50-69(c) +      24 50-86 +      25 50-107 +      26 50-120 +      27 50-136(g) +      28 50-136(h) +      29 50-138(b) +      30 50-138(c) +      31 50-139 +      32 50-148 +      33 50-167 +      35 Repeals 17-9.16 +18201 03-14-84   1 2-37.2 +      2 2-37.7 +18203 03-14-84   1 Adds + 15A, Art. II +18212 03-21-84   1 2-37.2 +      2 2-37.7(c) +18215 04-04-84   1 Repeals 6-6 +18223 04-11-84   1 5A-7(a), (b) +18252 05-09-84   1 Adds + Ch. 29 +      2 Repeals Ch. 50, Art. III +18265 05-23-84   1 28-44 +      2 28-45(a) +      3 28-45(b) +      4 28-59 +18283 06-06-84   1 28-44 +      2 28-45(a) +18297 06-13-84   1 Adds 17-2.7 +18298 06-13-84   1 2-42 +18311 06-27-84   1 16-13.101(10) +      2 16-13.106 +18403 09-19-84   1 15A-2 +18408 09-26-84   1 Adds + 28-52.1 +      2 Adds + 28, Art. XI, Div. 6B +18409 09-26-84   1 28-50 +      2 28-60 +18411 09-26-84 10-01-84 1 6A-5 +      2 7-9(a) +      3 7-10 +      4 7-18(d) +      5 7-24(a) +      6 7-31 +      7 7-32(a) +      8 14-4 +      9 15C-12(a) +      10 17-9.7(c) +      11 19-121 +      12 25A-6 +      13 27-14(c) +      14 27-18(a) +      15 28-4 +      16 28-170 +      17 28-177 +      18 32-27 +      19 39B-9 +      20 43A-17(c) +      21 43A-18(b) +      22 44-16(a) +      23 46-1 +      24 46-2 +      25 46-3(d) +      26 46-5 +      27 50-12 +      28 50-101 +      29 50-116 +      30 50-137(a) +      35 52-301(b) +      36 52-303 +      37 53-4513 +      38 53-6101(d) +      39 53-6412 +      40 Repeals 20-17, 18 +18412 09-26-84 10-01-84 1 49-1.1(b) +      2 49-1.2(b) +      3 49-1.3(b) +      4 49-1.4(a), (b) +      5 49-1.7 +      6 49-6(c) +      7 49-8 +      8 49-11(d), (e), (f) +      9 49-25(a) +      10 49-36(d) +      11 49-51(a) +      12 49-52 +      13 49-69(a) +      14 49-71(d) +      15 49-70(c) +      16 49-102 +      17 49-109.1(a)(4) +      18 49-135(3) +18416 09-26-84   1 Ch. 19, Art. X +18441 10-24-84   1 Adds + Ch. 19, Art. XI +18476 11-21-84 12-01-84 1 2-155 +18477 11-21-84   1 13-2.2 +      2 Adds 13-2.4 +      3 Adds 13-2.5 +      4 13-3 +18483 12-05-84   1 28-44 +      2 28-50 +      3 28-59 +18484 12-05-84 §4, 6, 01-01-85 4 28-44 +      5 28-59 +      6 28-71 +18515 12-12-84   1 Ch. 13A +18531 12-19-84   1 2-133(a)(2) +      2 2-148(a) +18534 12-19-84   1 17-9.2 +      2 17-9.5 +      3 17-9.8 +18560 01-23-85 09-01-85 1 Ch. 2, Art. XII +      2 8-1.2(a) +      3 8-14 +18566 01-30-85   1 15D-27 +18567 01-30-85   1 50-151 +18575 02-06-85   1 Adds + Ch. 31A, Art. II +18591 02-13-85 06-01-85 1 Adds + Ch. 27, Art. VI +18623 03-06-85   1 Adds + 2-37.13 +      2 24-11 +18665 04-10-85   1 Adds + Ch. 2, Art. XXIV +18682 04-24-85   1 Ch. 17 +18685 05-01-85   1 28-59 +18702 05-15-85   1 Adds Ch. 42A +      2 50-156(b) +      3 Repeals Ch. 12, 50-158, 50-159(f) +18725 05-22-85   1 14-1 +      2 14-3(c) +      3 Adds + 14-3.1 +      4 14-4 +      5 14-5 +      6 14-9 +      7 14-13 +18735 05-29-85   1 Adds +18745 06-05-85   1 Adds + 32-11.2 +18785 07-10-85   1 Ch. 33 +18795 07-17-85   1 2-155(b) +      2 2-155(g) +18796 07-17-85   1 2-153(e) +18798 07-17-85   1 30-4 +18803 07-24-85   1 14-1 +      2 14-3 +      3 14-4 +      4 14-5 +      5 14-6(a) +      6 14-8 +      7 Adds + 14-8.1 +      8 14-9(a) +      9 14-10 +      10 14-11 +18823 07-31-85   1 32-65 +18828 08-07-85   1 1-5 +      2 1-6(a) +18829 08-07-85   1 45-1.5 +      2 45-2.10(c)(1) +      3 45-3.2 +      4 45-3.6 +      5 45-3.7(d) +      6 45-3.8 +      7 45-3.12 +      8 45-3.13 +18836 08-14-85   1 2-150(c) +      2 Adds + 2-151 (b)(9), (10) +18837 08-14-85   1 13-2.2(c) +      2 13-2.4 +      3 13-5.4 +18838 08-14-85   1 Adds + 43, Art. VI, Div. 1 Title +        Adds + 43, Art. VI, Div. 2 +      2 43-116 thru + 119 +18850 08-28-85   1 Ch. 2, Art. IV, Div. 2 +18875 09-18-85   1 42-18 +18876 09-18-85 10-01-85 1 18-11(a), (b) +      2 19-121(a) +      3 27-14(c) +      4 27-18(a) +      5 49-1.3(b) +      6 49-1.4(a) +      7 49-1.7(a) +      8 50-101 +      9 50-116 +      10 50-137(a) +18891 10-02-85   1 Adds + 28-63.2 +18892 10-02-85   1 39B-2 +      2 39B-3 +      3 39B-4 +      4 Adds + 39B-4.1 +      5 39B-5(a) +18902 10-16-85   1 5A-6 +      2 5A-7 +      3 5A-9 +      4 5A-14 +      5 Repeals 5A-8 +18905 10-23-85   1 31A-7(a) +18940 11-20-85   1 2-157 +18960 12-04-85   1 31-3 +18961 12-04-85 02-06-86, 41-3, 06- 1 Adds + 06-86 Ch. 41 +      3 Repeals 19-37.1 +18962 12-04-85   1 43-112 +      2 43-114 +      3 43-115(a) +18969 12-11-85 01-01-86 1 15-2 +      2 15-10(a) +      3 19-88 +18982 12-18-85   1 28-44 +      2 28-59 +18983 12-18-85   1 28-44 +      2 28-50 +      3 28-59 +18994 01-08-86   1 14-1(6) +      2 14-8.1 +18997 01-15-86   1 8-9 +      2 Repeals 8-12 +19081 03-19-86   1 28-59 +19099 03-26-86 04-01-86 1 Adds + Ch. 48A +      2 31-14.1(c) +      4 Repeals 50, Art XI +19172 05-21-86   1 Adds + 18-4(a)(3) +19173 05-21-86   1 28-2(8) +      2 28-114.1 +      3 28-114.2 +      4 Repeals 28-114.3 thru 28-114.10 +19180 06-04-86   1 Adds + 28-20.1 +19181 06-04-86   1 13-4 +      2 13-15 + Adds +19190 06-11-86 07-15-86 1 Ch. 43, Art. VI, Div. 3, + 43-126.3 thru + 43-126.14 +19196 06-18-86   1 Adds + Ch. 41A +      2 Repeals 31-24 +      3 Repeals 31-26 +19201 06-25-86 07-01-86 1 Ch. 49 +19232 07-16-86   1 43-136 +      2 43-139 +19234 07-16-86   1 Ch. 27 +19241 07-23-86   1 46-1 +      2 46-3(e) +      3 46-4 +      4 46-9 +      5 46-10(b), (c) +      6 46-11 +      7 46-12.3 +      8 46-12.4 +      9 14-1(e) +      10 14-2(e) +      11 14-12 +19290 09-17-86 10-01-86 1 Adds + Ch. 13, Art. III +19300 09-24-86 10-01-86 1 5-4 +      2 7-10 +      3 Ch. 7, Art. II +      4 15C-12(a) +      5 15D-4(c) +      6 15D-5(c) +      7 Adds 16-1.307 +      8 16-11.102 +      9 Adds 16-11.103(c), (d), and (e) +      10 Adds 16-11.106(c) +      11 16-12.102 +      12 16-12.103 +      13 16-12.104 +      14 16-19.503 +      15 16-19.505 +      16 16-20.114(a) +      17 Adds 16-20.114B +      18 16-31.201 +      19 16-31.202 +      20 16-31.204 +      21 16-31.301 +      22 16-31.401 +      23 16-31.402 +      24 17-9.6(a) +      25 17-9.7(c) +      26 17-9.8(b) +      27 18-9(c)(1), (2) +      28 18-11 +      29 19-82.1 +      30 19-121(a) +      31 27-18(a) +      32 28-4(b) +      33 28-9 +      34 Adds + 28-26(d) +      35 29-6 +      36 29-24(b) +      37 43A-17(c) +      38 45-2.11(b) +      39 48A-7(c) +      40 48A-22(a) +      41 49-18.1(c) +      42 49-18.1(f)(1) +      43 49-18.2(c) +      44 49-18.4(e) +      45 49-18.6 +      46 49-18.7(a) +      47 49-18.7(e) +      48 49-18.9 +      49 49-18.10(a) +      50 49-18.12 +      51 49-18.13 +      52 49-18.16 +      53 50-7 +      54 50-101 +      55 50-137(a) +      56 50-159.1(c) +      69 Repeals 7-9 +19312 10-01-86   1 Ch. 2, Art. IV +      2 2-42 +      3 Ch. 2, Art. XVI +      4 9B-2(a) +      5 9B-6(a) +      6 Ch. 14A +      7 15-4(c) +      8 Ch. 15D, Art. III +      9 Ch. 16, Appendix B(a) +      10 28-128.6 +      11 28-128.7 +      12 28-128.10 +      13 28-128.11(b) +      14 28-128.13 +      15 28-128.15 +      16 28-128.16 +      17 28-140(c) +      18 28-140(f) +      19 32-83 +      20 42-2(c) +      21 42-10(a) +      22 42-12 +      23 42A-5(c) +      24 46-13(a) +      25 46-15(g) +      26 46-18(e) +      27 Adds + 47-1(3) +      28 47-24(h) +      29 47-24(i) +      30 48A-4(4) +      31 50-4 +      33 Repeals Ch. 2, Art. V-a, Art. XIV, and + Art. XVIII +19340 10-22-86 10-27-86 1 Adds + Ch. 34 +19377 11-12-86   1 41A-2(13) +      2 Renumbers + 41A-2 (15) thru (21) as (17) thru (23) +      3 Adds + 41A-2 (15) and (16) +      4 41A-5 +      5 41A-7 +      6 41A-10(d) and (e) +      7 41A-13(a) +19388 11-19-86   1 Adds + 44-37.1 +      2 44-39(a) +19398 12-03-86   1 Ch. 43, Art. IV + Renumbers +19409 12-10-86   1 18-2(26) thru (46) as (27) thru (47) + and adds new + 18-2(26) +      2 18-2(37) +      3 18-3(a) +      4 18-5 +      5 18-9(b)(3) +      6 18-9(c)(1) +      7 18-9(c)(2) +19425 12-17-86   1 5-31(c) +19455 02-04-87   1 1-5 +      2 1-6(c) +      3 2-26.2(g)(3) +      4 7-15(c) +      5 15A-8 +      6 15A-9(c) +      7 15A-10 +      8 15A-13(b) +      9 20-30 +      10 28-81 +      11 30-4(a)(1) +      12 31-22(b) +      13 31-22.1(b) +      14 43-125(b) +      15 43-126.11(a) +      16 44-17 +      17 50-168(c) +      19A Title, Art. I +19470 02-18-87 (by 04-04-87 1 40A-1 + election) +      2 40A-4(a)(9) +      3 40A-5(a) +      4 40A-6 +      5 40A-7 +      6 40A-8 +      7 40A-10 +      8 40A-11 +      9 40A-13 +      10 40A-14(b) +      11 40A-16(b) +      12 40A-18 +      13 40A-19 +      14 40A-21 +      15 40A-22 +      16 40A-23 +      17 40A-25 +      18 40A-26 +      19 40A-27(b)(1) +      20 40A-28 +      21 40A-31(a) +      22 40A-33 +19473 02-18-87 §7, 6, 04-01-87 1 34-1(b)(18) +      2 Adds + 34-4(33) +      3 34-8(a)(2) +      4 34-16 +      5 34-17(d) +      6 34-20(b) +      7 34-23(c) +      8 34-28(b) +      9 Reletters + 34-31(e) as (d) +      10 34-41(a)(7)(A) +      11 34-43(d) +      12 34-43(j) +19502 03-25-87   1 28-59 +19517 04-15-87   1 Adds + Ch. 35 +      2 50-156(b) +19521 04-22-87   1 28-114.12 +19526 04-22-87   1 49-1 +      2 49-18.11 +      3 49-18.15 +      4 49-62 +19541 05-13-87   1 Adds + 32-11.5 +19555 05-20-87   1 28-114.1 +19562 05-27-87   1 34-37(d) +      2 34-38(a) +19566 06-03-87   2 7A-6 +19567 06-03-87   1 10-1(1) +      2 Adds 10-41(c) +19579 06-24-87 07-01-87 1 28-19 +19580 06-24-87 10-01-87 1 Adds + Ch. 44, Art. II +19604 07-22-87   1 2-150(c) +      2 2-151(b) +19605 07-22-87   1 2-155(g) +19606 07-22-87   1 2-153(e) +19622 07-29-87   1 49-1(23) +      2 49-1(67) +      3 49-1(77) +      4 49-1(79) +      5 49-3 +      6 49-14 +      7 49-24(a) +      8 49-26(d) +      9 49-42(a) +      10 49-47 +      11 49-56(d) +      12 49-61(c) +      13 49-62(d) +      14 49-62(e) +19631 08-12-87 09-01-87 1 44-35 +19640 08-19-87   1 2-37(e) +19647 08-26-87   1 5A-3 +        5A-5 +        Adds + 5A-8 +19648 08-26-87 03-01-88 1 Ch. 41 +19649 08-26-87   1 Adds Div. +19660 09-02-87   1 2-133(a) +19673 09-16-87   1 27-6(a) +19677 09-23-87 10-01-87 1 5-31(c) +19679 09-23-87 10-01-87 1 2-37.10 +      2 2-137 +      3 9B-5 +      4 9B, Art. II +      5 28-128.6 +      6 28-128.7 +      7 28-128.15 +      8 28-128.16 + Renumbers +      9 34-4(33) thru (36) as (34) thru (37), + Adds + 34-4(33) +19680 09-23-87 10-01-87 1 15D-2(b) +      2 Adds + 44-17.1 +      3 50-7 +19682 09-23-87 10-01-87 1 49-2(d) +      2 49-18.1(c)(5) +      3 49-18.1(c)(6) +      4 49-18.1(f) +      5 49-18.1(g) +      8 49-18.4(e)(1) +      9 49-18.5 +      10 49-18.12(1) +      11 49-41(c) +19712 10-14-87   1 2, Art. XXIII +19742 10-28-87   1 2-37.8 +19749 11-04-87   1 28-10(b) +      2 28-24.1 +      3 28-44 +      4 28-45(a) +      5 28-45(b) +      6 28-50(c) +      7 28-59 +      8 28-60(b) +      9 28-64 +      10 28-71 +      11 28-72 +      12 28-74 +19760 11-11-87   1 Repeals 2-155(e) +19774 12-02-87   1 2-133(a) +19802 12-16-87 01-01-88 1 13, Art. II +      2 Repeals 13, Art. III +19804 12-16-87 01-01-88 1 16-1.204 +19814 01-06-88   1 28-45(a) +19818 01-06-88   1 Adds + 37, Art. III +19825 01-13-88   1 Adds 46-14.1 + Adds +19854 02-10-88 06-01-88 1 15C, Art. I Title and + Art. II +      2 15C-1 +      3 15C-2(c) +      4 15C-6 +      5 15C-16 +      6 Repeals + 15C-17 +19855 02-10-88   1 Adds + 31-16 +19861 02-24-88   1 19-28 +19869 02-24-88   1 28, Art. XVI +      2 42A-1 +      3 42A-4 +      4 42A-5 +      5 42A-6(a) +      6 42A-8(a) +      7 42A-10 +      8 42A-11(b) +19875 03-09-88   1 2-11.2 +      2 2-26.2(f) +19884 03-09-88   1 31A-7(a) +      2 31A-10 +19889 03-23-88 04-01-88 1 Adds + 31-29 +19894 03-23-88   1 16, Retitles Art. XIII, Div. 6 +      2 16-13.601 +19895 03-23-88   1 50-156 +19896 03-23-88   1 27-3(17) +      2 27-4 +      3 27-5.1 +      4 27-8(a) +      5 27, Retitles Art. IV +      6 27-13 +      7 27-14 +      8 27-14.3 +19903 03-23-88   1 37-34 +      2 Adds + 37-35(c), (d) and (e) +19924 04-13-88   1 8-1 +      2 Adds + 8-14.1 +19932 04-27-88   1 34-11 +      2 34-22(a) +      3 34-23(a) +19954 05-11-88   1 7-1 +      2 7-1.1 +      3 7-2 +      4 7-4 +      5 7-5 +      6 7-7 +      7 7-8 +      8 7-10 +      9 Adds 7-10.1 +      10 7-16 +      11 7-18 +      12 7-18.1 +      13 7-20 +      14 7-22 +      15 Adds 7-22.1 +      16 Adds 7-22.2 +      17 7-23 +      18 7-24 +      19 7-25 +      20 7-29 +      21 7-31 +      22 7-35(c) +      23 7-38 +19963 05-25-88   1 2-4 +      2 2-9 +      3 5A-14(c) +      4 6-6.1(c) +      5 7A-20(b) +      6 11-7 +      7 13-1(a) +      8 13A-10 +      9 14B-13(b) +      10 15C-16(b) +      11 16-1.209 +      12 16-12.112(a) +      13 16-13.401(f) +      14 16-20.118B +      15 16-27.303 +      16 16-27.304(d) +      17 17-9.17(c) +      18 18-9(c)(8) +      19 18-12(b) +      20 18-25 +      21 19-6 +      22 19-22 +      23 19-23 +      24 19-24 +      25 19-25 +      26 19-26 +      27 19-33 +      28 19-35 +      29 19-44 +      30 19-58 +      31 19-59 +      32 19-65 +      33 28-30 +      34 28-150(a) +      35 29-4(b) +      36 31-19(c) +      37 31-20(c) +      38 31-21(c) +      39 32-11 +      40 32-45 +      41 32-60 +      42 35-10 +      43 36-4 +      44 36-9 +      45 36-41 +      46 39-3(d) +      47 39B-6 +      48 40-5 +      49 41A-21(a) +      50 41A-21(c) +      51 42-12a; Renumbered as 42-12.1 +      52 43-7 +      53 43-14 +      54 43-15 +      55 43-63 +      56 43-117 +      57 43-139.1(d) +      58 44-18; Renumbered as + 44-17.1 +      59 44-28 +      60 44-33 +      61 44-39(b) +      62 45-8.6(a) +      63 48-9 +      64 48-10 +      65 48A-42(a) +      66 50-35 +      67 50-95 +      68 50-130 +      69 50-143(d) +      70 50-162(b) +19969 05-25-88   1 43-126.6(b) +19983 06-08-88   1 Ch. 37, Art. III +      2 2-122 (a)(10)(B) +      3 8-1.4(a)(4) +19991 06-22-88 07-01-88 1 18-3 +      2 18-4(a)(1) +      3 18-4(f)(2) +      4 18-5(a) +      5 18-9(c)(1) +19997 07-13-88   1 Repeals 44-35(d) +20012 07-27-88 10-01-88 1 28-2 + Adds +      2 28-76.1, + 28-76.2, + 28-76.3 +      3 Adds + 28-81.1 +      4 28-82 +      5 28-85 +      6 28-88 +      7 28, Art. XI, Div. 7 +      8 Repeals 28-83, 28-118, 28-121.6, 28- + 126, 28-128.5, 28-128.14 +20016 07-27-88   1 8-1.4(a) +20017 07-27-88   1 27-4 +      2 Adds + 27-5.2 +20026 08-10-88   1 17-1.5 +      2 17-1.6 +      3 17-2.1 +      4 17-2.2(b) +      5 17-2.4 +      6 17-2.5(a) +      7 17-3.1(a) +      8 17-3.2(d) +      9 17-3.3(a) +      10 17-3.4(g) +      11 17-4.2(a) +      12 17-4.3(e) +      13 17-4.9(b) +      14 17-4.11(c) +      15 17-5.4(a) +      16 17-6.3 +      17 17-6.4 +      18 17-6.5 +      19 17-6.6(a) +      20 17-6.7 +      21 17-7.1 +      22 17-7.3 +      23 17-7.5(c) +      24 17-7.6 +      25 17-7.7 +      26 Retitles 17, Art. VIII +      27 17-8.1 +      28 17-8.2 +      29 17-8.4 +      30 17-8.9 +      31 17-8.10(c) +      32 17-8.11 +      33 17-8.12(a) +      34 17-8.12(d) +      35 Adds 17, Art. VIII, Div. 3 +      36 17-9.2(1) +      37 17-9.3 +      38 17-9.4 +      39 17-9.5 +      40 17-9.8 +      41 17-9.10 +      42 17-9.11(b) +      43 Adds 17-9.12 (d), (e), and (f) +      44 17-9.14(b) +      45 17-9.15(a) +      46 17-9.17 +      47 17-9.18 +      48 Adds 17-9.24 +      49 Repeals 17-8.6 +20044 08-24-88   1 2-37.7 +20052 08-24-88   1 Adds + 31-30 +20059 09-14-88   1 Adds + 1-7(b) +20061 09-14-88   1 2, Art. IV, Div. 2 +20064 09-14-88   1 Adds + 2, Art. X +20073 09-28-88 10-01-88 1 2-42 +      2 Adds + 2, Art. V-a +      3 5-10 +      4 15-10(a)(2) +      5 44-24 +      6 44-34 +20074 09-28-88 10-01-88 1 Repeals 42, Art. I +20075 09-28-88 10-01-88 1 34-20(b) +      2 34-24(e)(1) +20076 09-28-88 10-01-88 1 5A-3(4) +      2 Adds + 5A-3(6) +      3 Adds + 5A-5.1 +      4 5A-14(a) +      5 7-10 +      6 7-20(b) +      7 7-24(e) +      8 10-10(a) +      9 10-15 +      10 10-37(d) +      11 15D-4(c) +      12 17-9.4 +      13 18-32 +      14 19-82.1 +      15 28-4(b)(2) +      16 Renumbers 31-29 as 31-30 +      17 45-3.3 +      18 45-3.9 +      19 45-6.4(h) +      20 50-7(b) +      21 50-116 +      22 50-137(a) +20077 09-28-88 01-01-89 1 49-18.1(g) +    10-01-88 2 49-18.2(c) +    01-01-89 3 49-18.4(b) +    10-01-88 4 49-18.4(e) +    01-01-89 5 49-18.5 +    10-01-88 6 49-18.11 +20088 10-12-88   1 34-32 +20095 10-12-88 01-01-89 1 Adds + 42, Art. I +20112 10-26-88 01-01-89 1 15C-1 +      2 15C-2 +      3 Adds + 15C-2.1 +      4 15C-3 +      5 Adds + 15C-10(c) +      6 15C-12 +      7 15C-13 +      8 Adds + 15C-14.1 +20148 12-14-88   1 28-114.1 +20161 01-11-89   1 32-82 +20168 01-11-89   1 Adds + 28-76.4 +20169 01-11-89   1 Adds + 28-158.1 +20196 02-08-89   1 28-44 +      2 28-45(a) +      3 28-50(c) +      4 28-59 +20199 02-08-89   1 9A-11 +20200 02-08-89   1 Adds 2-37.1.3 thru 2-37.1.9 +20201 02-08-89   1 13-5 +20210 02-22-89   1 25A-15 +20211 02-22-89   1 Adds + 9B-2 (a)(9) +20215 02-22-89   1 49-7(c)(2) +      2 49-13(a) +      3 49-16(c) +  06-01-89   4 49-18.7 +  06-01-89   5 49-24 +  06-01-89   6 49-26(b) and (c) +      7 49-42(a) +      8 49-47 +    04-01-89 9 49-52 +      10 49-53 +      11 49-56 +      12 49-60(f) +    06-01-89 12 49-60(g) +    06-01-89 13 49-61(c) +      14 49-62 +      15 Repeals 49-18.4(b) + Adds +20216 02-22-89   1 2-140 and + 2-141 +20241 03-08-89 06-08-89 1 Ch. 39B +    Repealed by 21310 2 Repeals Ch. 22 and Ch. 33 + on 06-10-92 +20251 03-22-89   1 Adds + 34-36 (b)(11)(C) +20256 03-22-89   1 Adds + 2, Art. IV-a +20260 03-22-89 06-08-89 1 Adds + Ch. 40B +20266 04-12-89   1 Adds + 2, Art. XXV, 2-159 and 2-160 + Adds +      2 2, Art. XXVI, + 2-161 and + 2-162 +20267 04-12-89   1 2, Art. X +20269 04-12-89   1 28-2(a)(5) +      2 28-19(b) +      3 Adds + 28-76.5 +      4 28-81 +      5 28-81.1(a) +      6 28-88(a) +      7 28-89 +      8 28-95 +    06-01-89 9 28-96 +    06-01-89 10 Adds + 28-96.1 +      11 28-100 +      12 Retitles + 28-107 +      13 Retitles + 28-108 +      14 28-110 +      15 28-119 +      16 28-129 +      17 28-130.2(b) +      18 28-130.9(a) +      19 Repeals 28-114 +20279 04-26-89   1 2-96 +20291 04-26-89   1 Adds + 41A-2(11) and renumbers (12) thru (24) +      2 41A-13(a) +20301 05-10-89 07-01-89 1 Adds 5-56 +20302 05-10-89 09-01-89 1 8-6 +20316 05-24-89 06-01-89 1 Adds 7-13.1 +    06-01-89 2 7-22 +    06-01-89 3 7-22.2 +    06-01-89 4 Adds 7-28.1 +    06-01-89 5 Renumbers 7-31 as 7-21.1 +    06-01-89 6 Adds 7-31.1 +20329 06-14-89   1 Adds + 28, Art. XVII +20335 06-14-89 10-01-89 1 49-47 +20336 06-14-89 07-01-89 thru 08- 1 32-11.3 + 31-90 +20354 06-28-89 (by 08-12-89 1 Adds + election) 40A-32 +20414 08-23-89 09-06-89 1 34-43 +20417 08-23-89   1 Adds 10-42.1 +20418 08-23-89   1 2-150(c) +20419 08-23-89   1 2-155(h) +20420 08-23-89 09-01-89 1 2-153 +20433 09-13-89   1 Adds + 27-3.1 +20443 (by 09-20-89 11-07-89 1 40A-9(d) +election) +      2 40A-16(a) +      3 40A-21(a) +      4 40A-22(a) +      5 40A-23 +20448 09-27-89 10-01-89 1 15-3 +    10-01-89 2 15-11 +    01-01-90 3 18-11 +    10-01-89 4 19-28 +    10-01-89 5 28-4(b) +    10-01-89 6 28-5 +    10-01-89 15 Repeals 15-10 +20449 09-27-89 10-01-89 1 49-18.1(c)(5) +      2 49-18.1(c)(6) +      3 49-18.1(g) +      4 49-18.4(b) +      5 49-18.4(e) +      6 49-18.5 +      7 49-18.11 +20454 10-11-89   1 31A-10 +20455 09-27-89   1 45-2.3(a) +      2 Adds 45-2.3.1 +      3 45-2.4 +      4 45-2.9(a) +      5 45-2.10(c)(1) +      6 45-3.1 +      7 45-3.2(a) +      8 45-3.5 +      9 45-3.10 +      10 45-3.12 +      11 45-4.5 +      12 45-5.6 +      13 45-5.7(c) +      14 45-5.8 +      15 45-6.2(b) +      16 45-6.4(b) +      17 45-6.4(j) +      18 45-7.3(a) +      19 45-7.5 +      20 Adds 45-7.5.1 +      21 45-7.6 +      22 45-7.7 +      23 45-7.8 +      24 Adds 45-8.1.1 +20456 09-27-89   1 2-102(2) +      2 2-105(a) +20457 09-27-89   1 Adds + 2-17.2 +20462 09-27-89   1 2-161(a) +20470 10-11-89   1 27-8 +      2 Retitles + 27, Art. IV +      3 27-13 +      4 27-15 +      5 27-16 +20475 10-11-89 12-13-89 1 28-44 +20482 10-25-89   1 2, Art. V +20488 10-25-89   1 Ch. 8 + Adds +20526 12-13-89   1 2, Art. XXVII, Secs + 2-163 thru + 2-166 +      2 34-40 +20527 12-13-89   1 2, Art. VIII-a +20552 01-24-90   1 Renumbers + 41A-2 (14) thru (24) as (15) thru (25) +      2 Adds + 41A-2(14) +      3 41A-4(c) +      4 41A-5(a) +      5 41A-8 +      6 41A-11 +      7 41A-21(b) +20559 02-21-90   1 2-24(a) +      2 2-24(e) +      3 2-34 +      4 2-36 +      5 Adds + 2-37.14 + Adds +20570 02-28-90   1 2, Art. XIV, Secs + 2-130 thru + 2-132 +20578 03-14-90   1 27-11(c) +      2 Adds + 27-11 (g), (h), (i), and (j) +20583 03-14-90   1 7-7 +      2 Adds 7-9 +20599 04-11-90   1 7A-17 +      2 7A-18 +      3 7A-19 +      4 7A-20 +      5 18-10 +      6 18-12 +      7 Adds + 18-12.1 +      8 18, Art. II +      9 18, Art. III +      10 Adds + 18-40 +      11 27-4(b) +      12 Adds + 31-7(e) +      13 40-5 +20606 04-11-90   1 Adds + 28-42.1 +20612 4-25-90 5-1-90 1 Amends + 5A-3(4) +      2 Amends + 5A-5.1(b) +      3 Amends + 5A-8 +      4 Amends 7-10 +      5 Amends 7-18(g) +      6 Amends 7-20(b) +      7 Amends + 14-4 +      8 Amends 16-1.307(a) +      9 Amends 17-9.23 +      10 Adds + 24-2 +      11 Adds + 24-4 +      12 Amends + 39B-9 +      13 Amends + 41A-6(a) +      14 Amends + 42A-5(a) +      15 Amends + 43A-18(b) +20613 04-25-90   1 39A-2 +      2 Adds + 39A-4(k) +      3 39A-5(j) +      4 39A-5(p)(3) +      5 39A-5(q)(4) +      6 39A-5(q)(5) +      7 39A-5(r)(2) +      8 39A-5(s) +      9 Adds + 39A-5(u) +      10 Adds + 39A-6(a)(14) +      11 39A-6(b)(1)(A) +      12 39A-6(b)(5) +      13 39A-6(c)(1) +      14 39A-6(d),(e), (f),(g),(h) +      15 39A-6(k), (l), (m) +20636 5-23-90   1 Amends + 49-18.4(a) +      2 Amends + 49-18.4(c) +      3 Amends + 49-18.4(e) +20652 6-13-90   1 Amends + Ch. 20A +20653 6-13-90   1 Amends + 49-1 +      2 Amends + 49-3 +      3 Amends + 49-7(e) +      4 Amends + 49-12 +      5 Amends + 49-13 +      6 Amends + 49-18.10 +      7 Amends + 49-18.15(a) +      8 Amends + 49-24(b), (c) +      9 Amends + 49-30(a) +      10 Amends + 49-33(b) +      11 Amends + 49-56 +      12 Amends + 49-59(d) +      13 Amends + 49-60(f) +      14 Amends + 49-62 +      15 Amends + 49-63(c) +      16 Repeals 49-36 +      17 Repeals 49-57, 49-58 +20663 6-27-90   1 Adds + 6-6 +      2 Adds + 6A-3 +      3 Amends + 6A-7 +      4 Amends + 6A-8(a) +      5 Amends + 6A-10(d) +      6 Adds + 14-2.1 +      7 Adds + 14-3(a)(14) +      8 Amends + 14-9(d) +      9 Adds + 14-11(b)(7) +      10 Amends + 14-11(c) +20664 7-27-90   1 Amends 16-27.420A +20665 7-27-90   1 Amends + 2-140 +20679 7-11-90   1 Adds + 27-16(f), (g) +20680 7-11-90 8-1-90 until 7-31- 1 Adds + 91 32-9.1 +20699 8-8-90 Expires 8-31-91 1 Extends eff. date of + 32-11.3 +20716 9-12-90   1 Amends + 34-28 +      2 Amends + 34-31 +20736 9-26-90 10-1-90 1 Amends + 15C-2(b) +      2 Adds + 18-9(c)(9) +      3 Amends + 28-96.1(c) +      4 Adds + 48-11 +20737 9-26-90 10-1-90 1 Amends + 49-9(e) +      2 Amends + 49-18.1(c)(5) +      3 Amends + 49-18.1(c)(6) +      4 Amends + 49-18.1(f)(1) +      5 Amends + 49-18.1(g) +      6 Amends + 49-18.2(c) +      7 Amends + 49-18.4(b) +      8 Amends + 49-18.4(e) +      9 Amends + 49-18.5 +      10 Amends + 49-18.11 +      11 Amends + 49-18.16 +      12 Amends + 49-24(b) +20743 9-26-90 10-1-90 3 Amends + 43-26 +      4 Repeals Ch. 15 +20745 9-26-90 12-1-90 1 Amends + Ch. 10 +20766 10-24-90 12-1-90 1 Adds + Ch. 10A +20780 11-7-90   1 Amends + Ch. 20A +20781 11-7-90   1 Adds + 31-31 +20787 11-14-90   1 Adds + Ch. 39C +20788 11-14-90 12-1-90 1 Adds + Ch. 10B +20795 11-14-90   1 Adds + 31-32 +20811 11-14-90   1 Amends + 31A-4(5) +20818 11-28-90   1 Adds + 2-11.3 +20836 12-12-90   1 Amends 16-1.215(d) +      2 Amends 16-1.215(e) +      3 Amends 16-1.215(f) +      4 Amends 16-19.104 +20838 12-12-90 1-1-91 1 Amends + 18-11 +20858 1-23-91   1 Adds + 5-3(c) +20872 2-13-91   1 Repeals 2-133, 2-134 +20909 3-27-91   1 Amends + 42-1(1) +      2 Amends + 42-2 +      3 Amends + 42-3(b)(7) +      4 Amends + 42-4 +      5 Amends + 42-5(a) +20910 3-27-91   1 Amends + 2-37.10 +20951 5-22-91   1 Amends + 2-11.2 +20960 6-12-91 11/5/91; § 2, 1/1/ 1 Amends + 92 Ch. 40A +    1/1/92 2 Repeals + 40A-26 +20963 6-12-91 Expires 8-31-96 1 Amends + 32-11.3 +20964 6-12-91 Expires 8-31-96 1 Amends + 32-9.1(d) +      2 Amends Ord. 20680 + Renumbers +20965 6-12-91   1 28-2(3)-(24) as (4) - (25), Adds + 28-2(3) + Renumbers +      2 28-2(9)-(25) as (10)-(26), Adds + 28-2(9) +      3 Amends + 28-4(a) +      4 Adds + 28-5.1 +      5 Amends + 28-19(b) +      6 Amends + 28-130.10 +20966 6-12-91   1 Adds + 31-33 +20987 6-26-91   1 Amends + Ch. 29 +20988 6-26-91   1 Amends + 34-39(c) +20989 6-26-91   1 Amends + Ch. 15B +20994 6-26-91   1 Amends 2-37.1.3(2) +      2 Amends 2-37.1.4 +      3 Amends 2-37.1.5 +      4 Amends 2-37.1.6 +      5 Amends 2-37.1.7(a) +      6 Amends 2-37.1.8 +      7 Amends 2-37.1.9(a) +21004 6-26-91 7-1-91 1 Amends + 28-130.9 +      2 Amends + 28-130.12 +21009 8-14-91   1 Amends 2-155(h) +21010 8-14-91   1 Amends 2-153(e) +21011 8-14-91   1 Amends + 13-5 +      2 Adds + 13-5.1 +21012 8-14-91   1 Amends + Ch. 2, Art. XXI +21021 8-14-91   1 Amends + 6-6.1 +21025 8-28-91 § 1, 8-26-91 1 Adds 1.9 +    §§ 4, 5, 9-1-91 2 Amends + 18-12(d) +      3 Amends + 18-17(b) +      4 Amends + 18-22(c) +      5 Amends + 18-25(a) +      6 Amends + 27-16 +21026 8-28-91 9-1-91 1 Amends + 15C-1(5) +      2 Amends + 15C-2 +      3 Amends + 15C-3 +      4 Amends + 15C-8 +      5 Amends + 15C-12 +      6 Amends + 15C-13 +      7 Amends + 15C-14 +      8 Amends + 15C-14.1 +      9 Amends + 15C-15(b) +      10 Amends + 15C-15(e) +      11 Amends + 15C-16(c) +21030 8-28-91   1 Adds + 31-35 +21035 8-28-91   1 Amends + Ch. 15A, Art. I +21037 9-11-91   1 Amends + 32-21 +      2 Amends 32-22.1 +      3 Amends + 32-35 + Changes name of +21038 9-11-91 10-1-91 1 Ch. 16 and incorporates into Uniform + Fire Code + Amends +21045 9-11-91 1-1-92 1 49-60(f), + 49-60(g) +21055 9-25-91   1 Amends + 20A-4(c) +      2 Amends + 20A-5(a) +      3 Amends + 20A-5(b) +      4 Amends + 20A-12(c) +      5 Amends + 20A-14(a) +21056 9-25-91   1 Amends + 15D-4(d) +      2 Amends + 15D-6(c) +21057 9-25-91 10-1-91 1 Amends + 15C-2 +      2 Amends 27-18(a) +21058 9-25-91 10-1-91 1 Amends + 18-2(4) +      2 Amends + 18-3(b)(2) +      3 Amends + 18-4(a) +      4 Amends + 18-5 +      5 Amends + 18-9(c) +      6 Amends + 18-11 +      7 Amends + Ch. 18, Art. IV +21059 9-25-91 10-1-91 1 Adds + Ch. 2, Art. XXVIII +21060 9-25-91 10-1-91 1 Adds + 2-168 +      2 Adds + 2-169 +21061 9-25-91 10-1-91 1 Amends + 49-18.1(c)(5) +      2 Amends + 49-18.1(c)(6) +      3 Amends + 49-18.1(f)(1) +      4 Amends + 49-18.1(g) +      5 Amends + 49-18.2(e) +      6 Amends + 49-18.2(c) +      7 Amends + 49-18.4(b) +      8 Amends + 49-18.4(e) +      9 Amends + 49-18.5 +      10 Amends + 49-18.12 +      11 Amends + 49-49(a) +21080 10-9-91   1 Amends 7-9(c) +21091 10-23-91   1 Amends + 2-164(a) +21108 11-13-91   1 Amends + Ch. 19, Art. IX +21109 11-13-91 1-1-92 1 Amends + 41-2(a) +      2 Amends + 41-2(d) +21118 11-13-91 2-3-93 per Ord. 1 Amends + 21155 8-1.1(a) +21129 11-13-91   1 Amends 2-79 +21131 11-13-91   1 Amends + 37-32(d) +21132 11-20-91   1 Adds + 8-28 +21144 12-11-91   1 Amends + 5A-3(4)(E) +      2 Amends + 5A-6 +21153 12-11-91   1 Amends + 2-95 +      2 Amends + 2-126 +      3 Amends + 2-130 +      4 Amends + 2-140 +      5 Amends + 2-150 +      6 Amends 2-153 +      7 Amends 2-155 +      8 Amends + 2-157 +      9 Amends + 2-161 +      10 Amends + 24-7 +      11 Amends + 27-6 +      12 Amends + 37-31 +      13 Amends 46-14 +21154 12-11-91   1 Amends + 27-6(a) +21155 12-11-91   1 Amends Ord. 21118 +21157 12-11-91   1 Amends + 2-17.2(a) +21162 1-8-92   1 Amends + 19-28 +21163 1-8-92   1 Amends + 18-31 +      2 Amends + 18-32 +      3 Amends + 18-33 +      4 Amends + 18-35 +      5 Amends + 18-36 +      6 Amends + 18-37 +      7 Amends + 18-38 +      8 Amends + 18-39 +      9 Amends + 18-40 +      10 Amends + 18-42 +      11 Amends + 18-43 +      12 Amends + 18-45 +21172 1-22-92   1 Amends + 50-4 +      2 Amends + 50-79 +      3 Adds + 50-84.1 +      4 Repeals 50-5 through 50-35 +      5 Repeals 50-78 +21175 1-22-92   1 Amends + 15D-10 +      2 Amends + 15D-16 +      3 Amends + 15D-18 +      4 Adds + 15D-23.1 +      5 Amends + 15D-27 +      6 Amends + 15D-28(a) +      7 Amends + 15D-29 +      8 Adds 15D-29.1 +21176 1-22-92   1 Amends + Ch. 32, Art. VI +21184 1-22-92   1 Amends + Ch. 14 +21185 1-22-92   1 Amends + 2-96 +21186 1-22-92   1 Amends + 18-2(41) + Renumbers +      2 28-2 (a)(3) through(26) as (4) through + (27), Adds + 28-2(a)(3) +      3 Amends + 28-2(a)(20) +      4 Amends + 28-8 +      5 Amends + 28-10(a) +      6 Amends + 28-70 +      7 Amends + 36-11 +      8 Amends + 43-7 +      9 Amends + 43-32 +      10 Amends + 43-94(b) + Renumbers +21194 2-12-92   1 28-2(a)(6) through (27) as (7) through + (28) Adds + 28-2(a)(6) +      2 Amends + 28-26(c) +      3 Amends + 28-94 +      4 Amends + 28-95 +      5 Amends + 28-96 +      6 Amends + 28-96.1 +      7 Amends + 28-114.1 +      8 Amends + 28-114.2 +      9 Amends + 28-115 +      10 Amends + 28-116 +      11 Amends + 28-117(a) +      12 Amends + 28-130.9(b) +      13 Amends + 28-130.11 +21200 2-26-92   1 Amends + 27-6 +      2 Amends + 27-7 +21215 3-11-92   1 Amends + 19-83.2 +21237 3-25-92   1 Amends + 28-44 +      2 Amends + 28-50(c) +      3 Amends + 28-59 +      4 Amends + 28-60(b) +21238 3-25-92   1 Repeals + 15D-23.1(f) +21251 4-8-92   1 Amends + 19-28 +21262 4-8-92   1 Amends 2-122.2 +21282 5-13-92   1 Amends + 48A-6(a) +      2 Amends + 48A-6(b) +      3 Amends + 48A-9(e) +      4 Amends + 48A-9(i) +21304 5-27-92   1 Amends + 34-37(d) +      2 Retitles + 34-40 +      3 Amends + 34-40(c) +      4 Amends + 34-40(h) +      5 Amends + 34-40(m) +21309 6-10-92   1 Amends + 31-33 +21310 6-10-92   1 Amends + Ch. 39B +      2 Repeals Ord. 20241 +      3 Repeals Ch. 22 and Ch. 33 +21311 6-10-92   1 Adds 15D-10.1 +      2 Amends + 15D-27 +21334 6-24-92   1 Amends + 49-9(c) +21352 6-24-92   1 Amends + 6-6.1 +21354 6-24-92   1 Amends + 2-84 +21363 8-12-92   1 Repeals Ch. 26 + Creates +21381 8-19-92 Expires 8-19-93 1 Ch. 31, Art. I; + 31-1 thru + 31-40 +      2 Adds Ch. 31, Art. II; + 31-41 thru 31-76 +21385 8-26-92   1 Amends + 6-6.1 +21406 8-26-92   1 Amends 7-22.2(b) + Replaces and retitles +      2 Ch. 7, Art. III; adds new 7-33 thru 7- + 41 +21407 8-26-92   1 Repeals Ch. 42, Art. I; 42-1 thru 42-12 +21409 9-9-92 4-16-93 1 Amends + 49-1 +      2 Amends + 49-41 +      3 Amends + 49-42 +      4 Amends + 49-45 +      5 Amends + 49-46(a) +      6 Amends + 49-48(a),(b) +      7 Amends + 49-52(b) +      8 Amends + 49-53 +21421 9-23-92   1 Amends + 2-37.12 +21429 9-23-92 10-1-92 1 Amends + 2-168(b) +21430 9-23-92 10-1-92 1 Amends + 49-18.1(c) +      2 Amends + 49-18.1(f)(1) +      3 Amends + 49-18.1(g) +      4 Amends + 49-18.2(c) +      5 Amends + 49-18.2(e) +      6 Amends + 49-18.3 +      7 Amends + 49-18.4(b) +      8 Amends + 49-18.4(e) +      9 Amends + 49-18.5 +      10 Amends + 49-18.9 +      11 Amends + 49-18.11 +      12 Amends + 49-18.12 +      13 Amends + 49-35(b) +      14 Amends + 49-48(a) +      15 Amends + 49-49(c) +      16 Amends + 49-49(d) +21431 9-23-92 10-1-92 1 Amends 7-24(a) +      2 Amends + 15D-2 +      3 Amends + 15D-4(c) +      4 Amends + 18-9(c) +      5 Amends + 18-11 +      6 Amends + 24-2 +      7 Amends + 24-4(e)(1) +      8 Amends 45-6.4(h) +      9 Amends 45-7.2(f) +      25 Repeals 24-4(i) +21435 9-23-92   1 Amends + Ch. 48A +21443 10-14-92   1 Adds + 31-36 +21450 10-28-92   1 Repeals Ch. 23 and 31-57 +21491 12-9-92 1-1-93 1 Amends + 49-60(f)(7) +21514 12-9-92   1 Amends + 2-95 +      2 Amends + 2-126 +      3 Amends + 2-130 +      4 Amends + 2-140 +      5 Amends + 2-150 +      6 Amends 2-153 +      8 Amends + 24-7 +      9 Amends + 37-31 +21515 12-9-92   1 Amends + Ch. 2, Art. XX +      2 Amends 2-155 +      3 Amends + 2-157 +      4 Amends + Ch. 2, Art. XXVI +      5 Amends + 13-5.1 +      6 Amends + 27-6 +      7 Amends 39B-15 +      8 Amends + Ch. 46, Art. II +21528 1-13-93   1 Amends 7-1 +      2 Amends 7-10 +      3 Amends 7-17 +      4 Amends 7-24 +      5 Amends 7-26 +      6 Amends 7-27 +      7 Amends 7-28 +      8 Adds 7-32.1 +      9 Adds 7-32.2 +21540 1-13-93 3-15-93 1 Amends + 41-9 + Adds Art. V, +      2 41-10, + 41-11 +21564 2-10-93   1 Amends + 28-44 +      2 Amends + 28-50(c) +      3 Amends + 28-60(b) +21582 2-24-93 5-1-93 1 Amends + Ch. 40A +21586 2-24-93   1 Amends 7-9 +21587 2-24-93 3-1-93 1 Amends + 15D-2(b) + Adds +21598 3-10-93   1 Ch. 28, Art. XI, Div. 5B, + 28-121.7 thru + 28-121.11 +21606 3-24-93   1 Amends + 49-2(c),(d) +      2 Amends + 49-25 +21612 3-24-93   1 Amends + 28-76.4 + Amends +      2 Ch. 28, Art. XI, Div. 7, + 28-129 thru + 28-130.13 +      3 Amends + 28-114.12 + Amends +21613 3-24-93 3-15-93 1 Ch 41, Art. V, + 41-10 thru + 41-12 +21614 3-24-93   1 Amends + 41-2(a) +21629 4-14-93   1 Amends + 41A-5(c) +      2 Amends + 41A-10 +      3 Amends + 41A-13 +21632 4-14-93   1 Amends + 18-4(a)(2) +      2 Amends + 18-8 +      3 Adds + 18-9(c)(6) +      4 Amends + 18-13 +21663 5-12-93   1 Adds + 49-18.7(h) +21664 5-12-93   1 Amends 39B-15(c) +21667 5-12-93   1 Adds + 31-34 +21674 5-26-93   1 Amends + 2-27 +      2 Amends + 2-28 +      3 Adds + 2-81 +      4 Amends + 34-38(f)(4) +      5 Amends + 34-40(o) +21721 6-23-93   1 Repeals 37-18 +21735 6-23-93   1 Amends + Ch. 6 +21765 8-11-93   1 Amends + 2-130 +21768 8-11-93   1 Repeals Ch. 46, Art II; 46-13 thru 46- + 18 +21789 8-25-93   1 Amends + 28-114.12 +21804 9-8-93   1 Amends + 13-5.1 +      2 Adds + 13-5.2 +21819 9-22-93 10-1-93 1 Amends 10-17(e) +      2 Amends 10A-17 +      3 Amends + 15D-17(a) +      4 Amends + 18-9(c)(1) +      5 Amends + 18-9(c)(2) +      6 Amends + 18-11 +      7 Amends + 18-34 +      8 Amends + 18-41 +      9 Amends + 28-4 +      10 Amends + 28-5 +      11 Amends + 28-5.1(c) +      12 Amends + 28-96.1 +      13 Amends 45-3.2(d) +      14 Amends 45-3.2(f) +21823 9-22-93 10-1-93 1 Amends + 2-168(b) +      2 Amends + 2-168(c) +21824 9-22-93 10-1-93 1 Amends + 49-18.1(c) +      2 Amends + 49-18.1(f)(1) +      3 Amends + 49-18.1(g) +      4 Amends + 49-18.2(c) +      5 Amends + 49-18.4(b) +      6 Amends + 49-18.4(e) +      7 Amends + 49-18.5 +      8 Amends + 49-18.11 +      9 Amends + 49-18.16 +21828 9-29-93   1 Amends + 6-1 +      2 Amends + 6-6.1 +21836 10-13-93   1 Repeals Ch. 46 +21837 10-13-93   1 Amends + 14-1(1) +      2 Amends + 14-1(14) +      3 Amends + 14-1(15) +      4 Amends + 14-2 +      5 Amends + 14-2.3 +      6 Amends + 14-3 +      7 Amends + 14-3.1 +      8 Amends + 14-4 +      9 Amends + 14-9 +      10 Amends + 14-11 +      11 Amends + 14-12 +21838 10-13-93   1 Amends + 41A-2(15) +      2 Amends + 41A-2(19) +      3 Amends + 41A-4(e) +      4 Amends + 41A-5 +      5 Amends + 41A-6 +      6 Amends + 41A-8 +      7 Amends + 41A-11 +      8 Amends + 41A-17 +21854 10-13-93   1 Amends + 27-6(a) +      2 Amends 27-7 +21856 10-13-93   1 Repeals 2-37.1.3 thru 2-37.1.9 +21861 (As +amended Amends +by Ord. 10-27-93 11-1-93 1 Ch. 15D, Art. I +21949 on +1-12-94) +21862 10-27-93 11-1-93 1 Amends + 49-42 +      2 Amends + 49-45(c) +21874 10-27-93   1 Amends + 44-17 +21877 10-27-93   1 Amends + 2-37.2 +      2 Amends + 2-37.4 +      3 Amends + 2-37.6 +21878 10-27-93   1 Amends + 30-4 +21933 10-8-93   1 Amends + 8-1.4(a) +21934 12-8-93   1 Amends Ch. 42A +21961 1-26-94   1 Adds 2-121(c) +      2 Amends + 8-14 +21962 1-26-94   1 Amends + 19-19 +21972 2-9-94   1 Amends + 2-102(2) +      2 Amends + 2-105(a) + Amends +      3 Ch. 2, Art. XXVI, + 2-161 thru + 2-162 +21973 2-9-94   1 Amends + 13-1 +      2 Adds + 13-1.2 +      3 Amends + 27-5.1 +22036 4-27-94 6-1-94 1 Adds + 31-37 +22026 4-20-94 7-1-94 1 Amends + 2-17.2(d) +      2 Amends + 2-18 +      3 Amends + 2-37.12 +      4 Amends + 2-39 +      5 Amends + 2-42 + Amends +      6 Ch. 2, Art. V-b, + 2-46 thru + 2-47 + Amends +      7 Ch. 2, Art. V-c, + 2-48 thru 2-49 + Amends +      8 Ch. 2, Art. V-e, + 2-52 thru + 2-53 + Adds +      9 Ch. 2, Art. VI, + 2-61 thru + 2-62 + Adds +      10 Ch. 2, Art. VII-a, + 2-73 thru + 2-74 + Amends +      11 Ch. 2, Art. VIII-a, + 2-81 thru + 2-85 +      12 Amends + 2-105(a) + Adds +      13 Ch. 2, Art. XV, + 2-133 thru + 2-134 + Amends +      14 Ch. 2, Art. XVI, + 2-136 thru + 2-137 + Amends +      15 Ch. 2, Art. XVII, + 2-138 thru + 2-139 + Amends +      16 Ch. 2, Art. XIX, + 2-142 thru + 2-143 +      17 Amends 2-148(c) +      18 Amends + 9A-2(b) +      19 Amends + 9A-3(a)(9) +      20 Amends + 9A-12 +      21 Amends + 9B-6 +      22 Amends + 9B-7 +      23 Amends + 14-6(a) +      24 Amends 15A-12 +      28 Amends + 18-2(12) +      29 Amends + 18-2(13) +      30 Amends + 18-2(40) +      31 Amends + 18-12(e) +      32 Amends + 18-18(a) +      33 Amends + 19-44 +      34 Amends + 19-96 +      35 Amends + 19-113 +      36 Amends + 19-123(d) +      37 Amends + 27-6(d) +      38 Amends + 28-19 +      39 Amends + 28-24 +      40 Amends + 28-29 +      41 Amends + 28-76.4(a) +      42 Amends + 28-113 +      43 Amends + 28-114.12(a) +      44 Amends + 28-127 +      45 Amends + 28-128 +      46 Amends + 28-128.6 +      47 Amends + 28-128.7 + Amends +      48 Ch. 28, Art. XI, Div. 6B, + 28-128.8 thru + 28-128.16 +      49 Amends + 28-130.7(e) +      50 Amends + 28-130.12(a) +      51 Amends + 28-156 +      52 Amends + 28-164 +      53 Amends + 28-194 +      54 Amends 29-2(2) +      55 Amends + 30-2(h) +      56 Amends + 34-1 +      57 Amends + 34-6 +      58 Amends + 34-8(b) +      59 Amends + 34-9(c) +      60 Amends + 34-13(a) +      61 Amends + 34-13(d) +      62 Amends + 34-22(k) +      63 Amends + 34-22(s) +      64 Amends + 34-28(c) +      65 Amends + 34-31(a) +      66 Amends + 34-32(b) +      67 Amends + 34-37(a) +      68 Amends + 34-38(c)(2) +      69 Amends + 34-43(d) +      70 Amends + 34-43(i) +      71 Amends + 34-44 +      72 Amends + 34-45(c) +      73 Amends 35-4(c) +      74 Amends + 36-46 +      75 Amends + 36-49 +      76 Amends + 39-2(4) +      77 Amends + 39-2(5) +      78 Amends + 39-4(a) +      79 Amends + 39C-19(b) +      80 Amends + 41A-7(a) +      81 Amends + 42A-7(c) +      82 Amends + 43-32 +      83 Amends + 43-35 +      84 Amends + 43-36 +      85 Amends + 43-37 +      86 Amends + 43-44 +      87 Amends + 43-49 +      88 Amends + 43-50 +      89 Amends + 43-54 +      90 Amends + 43-55 +      91 Amends + 43-56 +      92 Amends + 43-63 +      93 Amends + 43-66 +      94 Amends + 43-68 +      95 Amends + 43-74 +      96 Amends + 43-79 +      97 Amends + 43-116(b) +      98 Amends + 43-120 +      99 Amends + 43-121(c) +      100 Amends + 43-126.3(2) +      101 Amends + 43-126.5(d) +      102 Amends + 43-135 +      103 Adds 43-139.2 +      104 Amends + 43-142 +      105 Amends + 43-143 +      106 Amends + 43-145 +      107 Amends + 44-34(3) +      108 Amends + 47-14 +      109 Amends + 47-17 +      110 Amends + 47-20 +      111 Amends + 49-18.13 +      112 Amends + 49-27(a) + Repeals Ch. 2, Art. V-a, 2-43 thru 2- + 44; Repeals Ch. 2, Art. VII, 2-71 thru +      137 2-72; Repeals Ch. 2, Art. XXV, 2-159 + thru 2-160; Repeals Ch. 14A; Repeals + 19-1.1 + Amends +22038 4-27-94   1 Ch. 15C, Art. I, + 15C-1 thru + 15C-16 +22040 4-27-94   1 Amends + 17-9.2(j) +22061 5-25-94   1 Amends + 3-1 +22064 5-25-94   1 Adds + 31-38 +      2 Adds + 31-39 +22067 6-1-94   1 Amends + 32-22 +      2 Amends 32-22.2 +      3 Amends + 32-23 +      4 Amends + 32-24 +      5 Amends + 32-25 +      6 Amends + 32-26 +      7 Amends + 32-27 +      8 Amends + 32-28 +      9 Adds + 32-28.1 +      10 Adds + 32-28.2 +22072 6-8-94   1 Amends + 19-28 +22073 6-8-94   1 Amends + 32-9.1 +22094 6-22-94   1 Amends 17-9.17 +      2 Adds + 30-2.1 +22140 8-10-94   1 Repeals + 6A-3 +22141 8-10-94   1 Amends 15A-12(b) +22153 8-10-94   1 Amends + 2-37.2 +      2 Amends + 2-37.4 +      3 Amends + 2-37.7 +22154 8-10-94   1 Amends + 27-3(20) +      2 Amends + Ch. 27, Art. V, 27-17 thru 27-23 +22172 8-24-94   1 Adds + Ch. 2, Art. XXV, 2-159 thru 2-160.1 +22174 8-24-94   1 Amends 2-122.1 +22195 9-14-94   1 Amends + 34-4 +      2 Amends + 34-6 +      3 Amends + 34-9(a) +      4 Amends + 34-19 +      5 Amends + 34-20 +      6 Amends + 34-22(k) +      7 Adds + 34-22(v) +      8 Adds + 34-23(r) +      9 Adds + 34-24(g) +      10 Adds + 34-24.1 +      11 Amends + 34-28(b) +      12 Amends + 34-30(c) +      13 Amends + 34-35(b) +      14 Amends + 34-38(g) +      15 Amends + 34-38(h) +      16 Amends + 34-38(i) +      17 Amends + 34-39(a) + Adds +22205 9-28-94 10-1-94 1 Ch. 27, Art. VII, + 27-29 thru + 27-43 +22206 9-28-94 10-1-94 1 Amends + 9A-4 +      2 Amends + 14-4(a) +      6 Amends + 18-9(c)(1) +      7 Amends + 18-9(c)(4) +      8 Amends + 18-11 +      9 Amends + 24-4 +      10 Amends 27-18(a) +      11 Amends + 28-170 +      12 Amends + 39B-9 +      13 Amends + 41A-6(a) +22207 9-28-94 10-1-94 1 Amends + 2-168(b) +      2 Amends + 2-168(c) +22208 9-28-94 10-1-94 1 Amends + 49-18.1(c) +      2 Amends + 49-18.1(f)(1) +      3 Amends + 49-18.1(g) +      4 Amends + 49-18.2(c) +      5 Amends + 49-18.4(b) +      6 Amends + 49-18.4(e) +      7 Amends + 49-18.5 +      8 Amends + 49-18.11 +      9 Amends + 49-18.14 +22214 9-28-94   1 Amends 2-122.4 +22216 9-28-94   1 Amends + 43-115 +22222 10-12-94 1-1-95 1 Renumbers 45-1.5(1) thru (20) as (2) + thru (21) +        Adds 45-1.5(1) +      2 Amends 45-7.2(a) +      3 Amends 45-7.2(b) +      4 Adds 45-7.2.1 +22259 11-9-94   1 Amends + 2-95(a) +      2 Amends + 2-126(a) +      3 Amends 2-147 +      4 Amends + 2-161(a) +      5 Adds + 8-1.5 +      6 Amends + 8-9 +      9 Amends + 37-31(b) +      10 Amends 39B-15(a) +22268 11-16-94   1 Amends 2-159 +      2 Amends 2-160.1 +22277 12-14-94   1 Amends + 2-17.2 +22295 12-14-94   1 Amends + 18-4(e) +22296 1-11-95   1 Amends + 34-4 +      2 Amends + 34-5(c) +      3 Amends + 34-9(a) +      4 Amends + 34-10 +      5 Amends + 34-11(g) +      6 Amends + 34-11(i) +      7 Amends + 34-12(b) +      8 Amends + 34-13 +      9 Amends + 34-16 +      10 Amends + 34-17 +      11 Amends + 34-18(a) +      12 Amends + 34-21 +      13 Amends + 34-22(e) +      14 Amends + 34-22(h) +      15 Amends + 34-22(r) +      16 Amends + 34-23(a) +      17 Amends + 34-23(n) +      18 Adds + 34-23(q) +      19 Amends + 34-30(d) +      20 Amends + 34-32(a) +      21 Amends + 34-35(b) +      22 Amends + 34-36(b)(2) + Amends +      23 34-36(b)(16) and renumbers as + 34-36(b)(17) +      24 Adds + 34-36(b)(16) +      25 Amends + 34-38(a) +      26 Repeals 34-2, 34-22(l), and 34-43 +22306 1-11-95   1 Amends + 18-8(b)(3) +      2 Amends + 18-9(c)(6) +22318 1-25-95   1 Repeals Ord. 22296 +      2 Amends + 34-4 +      3 Amends + 34-5(c) +      4 Amends + 34-9(a) +      5 Amends + 34-10 +      6 Amends + 34-11(g) +      7 Amends + 34-11(i) +      8 Amends + 34-12(b) +      9 Amends + 34-13 +      10 Amends + 34-16 +      11 Amends + 34-17 +      12 Amends + 34-18(a) +      13 Amends + 34-21 +      14 Amends + 34-22(e) +      15 Amends + 34-22(h) +      16 Amends + 34-22(r) +      17 Amends + 34-23(a) +      18 Amends + 34-23(n) +      19 Adds + 34-23(q) +      20 Amends + 34-30(d) +      21 Amends + 34-32(a) +      22 Amends + 34-35(b) +      23 Amends + 34-36(b)(2) + Amends +      24 34-36(b)(16) and renumbers as + 34-36(b)(17) +      25 Adds + 34-36(b)(16) +      26 Amends + 34-38(a) +      27 Repeals 34-2, 34-22(l), and 34-43 +22321 1-25-95   1 Amends + 13-5.2(c) +22324 2-8-95   1 Renumbers 7-1(8) thru (18) as (9) thru + (19), and adds 7-1(8) +22333 2-8-95   1 Amends 45-7.2(c) +22334 2-8-95   1 Amends + 18-12 +      2 Amends + 18-12.1(b) +22340 2-22-95   1 Amends + 28-129 +      2 Amends + 28-130.9(a) +      3 Adds + 28-130.9(f) +22345 2-2-95 5-6-95 1 Amends + 40A-1 +      2 Amends + 40A-4(a) +      3 Amends + 40A-14(b) +      4 Amends + 40A-14(c) +      5 Amends + 40A-15(b) +      6 Amends + 40A-16(d) +      7 Amends + 40A-18(b) +      8 Adds + 40A-20.1 +      9 Amends + 40A-21(b) +      10 Amends + 40A-21(c) +      11 Amends + 40A-21(g) +      12 Amends + 40A-27 +      13 Amends + 40A-28 +      14 Amends + 40A-33(a)(3) + Renumbers +      15 40A-33(a)(4) thru (6) as (5) thru (7), + and adds new (4) +      16 Amends + 40A-33(f) +      17 Amends + 40A-33(l) +      18 Amends + 40A-33(m)(2) +      19 Adds + 40A-33(p) +      20 Amends + 40A-34(b) +22354 3-8-95   1 Amends + 2-151 +22355 3-8-94   1 Adds + 31-17 +22356 3-8-95 3-8-95 1 Adds + 2-3.1 + Amends +      2 Ch. 2, Art. IV-a, + 2-38 thru + 2-40 +22368 3-22-95     Amends + 11-1 +22402 5-10-95   1 Adds + 1-10 +22403 5-10-95   1 Amends + 2-37.4 +22404 5-10-95   1 Amends + 32-9.1 +22413 5-10-95   1 Amends + 18-14 +      2 Amends + 18-14.1 +      3 Amends + 18-21 +      4 Repeals 43-1 +22414 5-10-95   1 Amends + 2-17.2 + Amends +      2 Ch. 2, Art. XIV, + 2-130, + 2-131 + Amends +      3 Ch. 2, Art. XXI, + 2-150 thru + 2-152 +      4 Amends + Ch. 2, Art. XXIII, 2-155, 2-156 + Amends +      5 Ch. 2, Art. XXIV, + 2-157, + 2-158 + Amends +      6 Ch. 24, Art. II, + 24-7, + 24-8 +22416 5-10-95   1 Adds + 14-2.4 +      2 Amends + 14-9(a) +22434 5-24-95   1 Amends + 2-33 +      2 Amends + 2-34 +      3 Amends + 2-35 +      4 Amends 2-37 +      5 Amends 2-37.1.1 +      6 Amends 2-37.1.2 +      7 Amends + 2-42 +22438 5-24-95   1 Amends 7-22 +22442 6-14-95   1 Amends + 5A-5(b) +      2 Amends + 5A-6 +      3 Amends + 5A-14(a) +22494 6-28-95   1 Adds + 7A-19.1 +      2 Adds + 7A-19.2 +      3 Amends + 18-12 +      4 Amends + 18-17 +      5 Amends + 18-18 +22495 6-28-95   1 Amends + 8-1.4 +22496 6-28-95   1 Amends + 13-5(c) +22537 9-13-95   1 Amends + 6-4 +22563 9-27-95 10-1-95 1 Amends + 2-168 +22564 9-27-95 10-1-95 1 Amends + 49-18.1 +      2 Amends + 49-18.2(c) +      3 Amends + 49-18.4 +      4 Amends + 49-18.5 +      5 Amends + 49-18.10 +      6 Amends + 49-18.12 +22565 9-27-95 10-1-95 1 Amends + 15D-5(b) +      2 Amends + 18-9(c) +      3 Amends + 18-11 +22569 9-27-95 9-1-95 1 Amends + 19-28(a) +22570 9-27-95   1 Amends + 8-1.5 + Amends +22571 9-27-95 10-1-95, except 1 Ch. 15C, Art. I, + 15C-2(b), 1-1-96 15C-1 thru + 15C-17 +22584 10-11-95   1 Adds 2-122(c) +22612 12-6-95 12-6-95 1 Amends + 2-164 +      2 Amends + 2-165 +      3 Amends + 13-5.2 +      4 Amends + 34-40(b) +      5 Amends + 34-40(d) +      6 Amends + 34-40(e) +      7 Amends + 34-40(f) +22619 12-13-95   1 Amends + 6-13 +22643 12-13-95   1 Amends + 28-44 +      2 Amends + 28-45(a) +22665 2-7-96   1 Amends + 2-168 +22669 2-14-96   1 Amends + 13-7 +      2 Amends + 13-8 +      3 Adds + 13-28.1 +22676 2-14-96   1 Amends 2-122(c) +22695 2-28-96   1 Amends + 27-4(b) + Amends +      2 Ch. 27, Art. VII, §§ + 27-29 thru + 27-43 +22709 3-13-96   1 Amends 2-159 +      2 Amends 2-160.1 +22710 3-13-96   1 Amends 45-7.2.1 +22718 4-10-96   1 Amends + 2-164 +22731 4-10-96   1 Amends + 28-45(a) +22762 5-22-96   1 Amends + 28-26 +      2 Amends + 28-103 +22763 5-22-96   1 Amends + 28-50(c) +      2 Amends + 28-59 +      3 Amends + 28-114.1(b) +      4 Amends + 28-114.1(f) + Adds +      5 Ch. 28, Art. XVIII, + 28-200 thru + 28-202 +22764 5-22-96 9-1-96 1 Creates + Ch. 9, Art. I + Adds +      2 Ch. 9, Art. II, + 9-7 thru + 9-10 + Amends +22765 5-22-96 Reconsidered 6-12-   Chs. 10, + 96 10A, and + 45 +22789 6-26-96   1 Amends + 17-1.5(2) + Renumbers +      2 17-1.5(3) thru (32) as (4) thru (33); + Adds + 17-1.5(3) +      3 Amends new + 17-1.5(17) +      4 Amends + 17-6.2 +      5 Amends 17-6.3 +      6 Amends 17-6.4 + Amends +      7 Ch. 17, Art. VIII, Div. 1, + 17-8.1 thru 17-8.9 +      8 Amends + 17-9.2 +      9 Amends + 17-9.3 +      10 Amends 17-9.4 +      11 Amends 17-9.5 +      12 Amends 17-9.7 +      13 Amends 17-9.15 +22805 6-26-96   1 Renumbers 10-5(1) thru (23) as (2) thru + (24); Adds new 10-5(1) +      2 Amends 10-36 +      3 Adds 10-49.1 +      4 Amends 10A-5 +      5 Amends 10A-36 +      6 Amends 45-4.4 +22842 8-14-96   1 Repeals Ch. 20 +22850 8-28-96   1 Amends + 32-11.3(b) +      2 Amends Ord. 20336, § 5 (eff. date of + 32-11.3) +22851 8-28-96   1 Amends Ord. 20680, § 5 (eff. date of + 32-9.1) +22873 9-11-96   1 Adds + 2-37.15 +22894 9-25-96   1 Amends + 5A-6 +22906 9-25-96 10-1-96 1 Amends Ord. 19860, § 1 +      2 Amends + 18-9(c)(1) +      3 Amends + 18-9(c)(2) +      4 Amends + 27-33 +      5 Amends + 28-4(b) +22907 9-25-96 10-1-96 1 Amends + 49-18.4 +      2 Amends + 49-18.5 +22910 10-9-96   1 Amends + 15C-2(b) +      2 Amends + 15C-7 +22925 10-23-96   1 Amends 2-122.2 +      2 Amends + 15A-1 +      3 Amends + 15A-3 +      4 Amends + 15A-11 +      5 Amends 15A-12(a) +      6 Amends 31A-3 +22926 10-23-96   1 Amends + 28-44 +      2 Amends + 28-50(c) +      3 Amends + 28-59 +      4 Amends + 28-60(b) + Amends +22927 10-23-96   1 Ch. 19, Art. X, §§ + 19-119 thru + 19-131 +      2 Amends + 49-18.13 +      3 Amends + 49-47(c) +22958 11-13-96 1-15-97 1 Amends + Ch. 40B +22964 12-11-96   1 Amends + 28-4(d) +23032 2-12-97   1 Amends 2-122.4 +23078 4-9-97   1 Amends + 28-44 +      2 Amends + 28-50(c) +      3 Amends + 28-60(b) +23079 4-9-97 5-1-97 until 5-1- 1 Readopts and amends + 2000 31-33 +23106 5-14-97   1 Amends + 48A-5 +      2 Amends + 48A-29 +      3 Amends + 48A-33 +      4 Amends + 48A-35 +      5 Amends + 48A-36 +      6 Adds + 48A-36.1 +      7 Adds + 48A-36.2 +      8 Amends + 48A-40 +      9 Amends + 48A-41 +      10 Amends + 48A-42(a) +      11 Amends + 48A-43 +      12 Amends + 48A-44 +      13 Repeals Vehicle Tow Service Rule No. 1 +23123 5-14-97   1 Amends + 8-4 +23124 5-14-97   1 Amends + 13-5.2 +23126 5-14-97   1 Adds 7-21.2 +23135 5-28-97   1 Adds + 2-1.1 +23137 5-28-97   1 Amends + Ch. 14 +      2 Amends + 41A-2 +      3 Amends + 41A-13 +      4 Adds + 41A-14.1 +      5 Adds + 41A-14.2 +      6 Amends + 41A-16 +      7 Adds + 41A-18.1 +23152 5-28-97   1 Amends 45-1.5 +      2 Amends 45-2.4 +      3 Amends 45-5.1 +23158 6-11-97   1 Amends + 28-50(c) +      2 Amends + 28-59 + Adds +23159 6-11-97 6-16-97 1 Ch. 12, §§ + 12-1 thru + 12-19 +23227 8-27-97   1 Adds + 1-11 +23263 9-24-97   1 Amends + 13-28.1 +23264 9-24-97   1 Amends + 5A-6 + Amends +23267 9-24-97   1 Ch. 39C, §§ + 39C-1 thru + 39C-21 +23289 9-24-97   1 Amends + 49-18.1 +      2 Amends + 49-18.2 +      3 Amends + 49-18.4 +      4 Amends + 49-18.5 +      5 Amends + 49-18.6(d) +      6 Amends + 49-18.7(a) +      7 Amends + 49-18.7(c) +      8 Amends + 49-18.14 +      9 Amends + 49-18.16 +      10 Amends + 49-60(d) +      11 Amends + 49-61(c)(5) +23294 10-8-97   1 Amends + 28-50(c) +23345 11-12-97   1 Amends + 2-26.2 + Amends +23386 12-10-97   1 Ch. 2, Art. IX, §§ + 2-95 thru + 2-100 + Adds +23456 2-25-98   1 Ch. 44, Art. VI, §§ + 44-40 thru + 44-47 +23519 5-27-98   1 Amends + 1-10 + Readopts + Ch. 12, with amendments to +23534 6-10-98 6-16-98 1 12-2, + 12-3, + 12-10 +23555 6-24-98   1 Amends + 44-34 +      2 Amends + 44-35 +      3 Adds + 44-35.1 +      4 Amends + 44-36 +      5 Amends + 44-37 +      6 Amends + 44-37.1 +      7 Amends + 44-39 + Adds +      8 Ch. 44, Art. VII, §§ + 44-48 thru + 44-56 +23556 6-24-98   1 Amends + 28-44 +      2 Amends + 28-50 +      3 Amends + 28-59 +23616 8-12-98   1 Amends + 28-42.1 + Adds +23631 9-9-98   1 Ch. 33, §§ + 33-1 thru + 33-8 +23632 9-9-98   1 Amends + 7A-16 + Adds +23666 9-23-98 10-1-98 1 Ch. 2, Art. VII, §§ + 2-71 and + 2-72 +      2 Amends + Ch. 2, Art. XVII +23670 9-23-98 10-1-98 1 Amends + 49-18.1 +      2 Amends + 49-18.2 +      3 Amends + 49-18.4 +      4 Amends + 49-18.5 +23694 10-28-98 11-18-98 1 Amends + 2-37.12 +      2 Amends + 2-39 +      3 Amends + 2-42 + Adds +      4 Ch. 2, Art. V-a, §§ + 2-43 thru + 2-45 +      5 Amends + Ch. 2, Art. V-b +      6 Amends 2-49 + Adds +      7 Ch. 2, Art. VII-b, §§ + 2-75 and 2-75.1 +      8 Amends + 2-105(a) +      9 Amends + 2-134 +      10 Amends + Ch. 2, Art. XVI +      11 Amends + Ch. 2, Art. XVII + Adds +      12 Ch. 2, Art. XVII-a, §§ + 2-139.1 and + 2-139.2 + Adds +      13 Ch. 2, Art. XXVI-a, §§ + 2-162.1 and + 2-162.2 +      14 Amends + 9B-6(a) +      15 Amends + 9B-7 +      16 Amends + 14-6(a) +      17 Amends 15A-12 +      18 Amends + 18-2(13) +      19 Amends + 18-2(40) +      20 Amends + 27-6(d) +      21 Amends + 28-24(a) +      22 Amends + 28-127 +      23 Amends + 28-128 +      24 Amends + 28-128.6 +      25 Amends + 28-128.7 +  ��   26 Amends + Ch. 28, Art. XI, Div. 6B +      27 Amends 35-4(c) +      28 Amends + 41A-7(a) +      29 Amends + 42A-7(c) +      30 Amends + 43-63 +      31 Amends + 43-121(c) +      32 Amends + 43-126.5(d) +      33 Amends + 49-27(a) +      42 Repeals 2-26.3 + Adds + Ch. 2, Art. III, Div. 1 (existing §§ + 2-21 thru +23713 11-11-98   1 2-26.3) and + Div. 2 (new §§ + 2-26.4 thru + 2-26.14) +23723 12-9-98   1 Amends + 5A-6 +23736 12-9-98   1 Amends + 2-95.1 +23822 3-24-99   1 Amends + 28-27.1 + Adds +23863 4-28-99   1 Ch. 28, Art. XI, Div. 5C, §§ + 28-121.12 through + 28-121.18 +23864 4-28-99   1 Amends + 28-114.1(k) +      2 Adds + 28-114.1(l) +23869 4-28-99   1 Adds 7-15.1 + Readopts +23907 6-9-99 6-16-99 1 Ch. 12, with amendments to + 12-1, + 12-2 +23915 6-23-99   1 Amends + 44-35 +23917 6-23-99   1 Amends + 28-44 +      2 Amends + 28-50(c) +      3 Amends + 28-59 +23934 6-23-99   1 Amends + 17-1.5(31) +      2 Amends 17-8.12 +      3 Amends 17-9.18 +23986 8-18-99 9-1-99 1 Adds + 13-28.2 +23989 8-25-99   1 Amends + Ch. 2, Art. XX +24000 8-25-99 11-29-99 1 Amends + 18-4(e) +24003 8-25-99   1 Amends + 13-5.1 +24027 9-22-99   1 Amends + 5A-6 +24033 9-22-99   1 Amends + Ch. 19, Art. IX +24046 9-22-99   1 Amends + 2-26.4(a) +      2 Amends + 2-26.5(4) +      3 Amends + 2-26.5(8) +      4 Amends + 2-26.6 +      5 Amends + 2-26.9 +      6 Amends + 2-26.10(b) +24050 9-22-99 10-1-99 1 Amends + 49-18.1 +      2 Amends + 49-18.2 +      3 Amends + 49-18.4 +      4 Amends + 49-18.5 +24051 9-22-99 10-1-99 1 Amends + 2-26.2(a) +      2 Amends + 2-26.2(f) +      3 Amends + 17-9.3(b) +      4 Amends 17-9.6(a) +      5 Amends 17-9.7(c) +      6 Amends 17-9.8(b) +      7 Amends + 41A-6(b) +      8 Amends + 43-112 +      9 Amends + 43-115 +24052 9-22-99 10-1-99 1 Amends + 34-16(b) +      2 Amends + 34-17 +24053 9-22-99 10-1-99 1 Amends + Ch. 2, Art. V-b +      2 Amends + 28-127 +      3 Amends + 28-128 +24057 10-13-99   1 Amends + 2-26.2(h) + Renumbers +24086 10-27-99   1 27-3(13) through (23) as + 27-3(14) through (24); adds + 27-3(13) +      2 Amends + 27-3(15) +      3 Amends + 27-3(24) +      4 Amends + 27-6 +      5 Amends + 27-7 +      6 Amends + 27-8 +      7 Amends + 27-9 +      8 Amends + Ch. 27, Art. IV +24089 11-10-99   1 Amends 10A-5 +24141 12-8-99   1 Amends + 8-1.5(a) +24142 12-8-99   1 Amends + 18-4(a)(2) +      2 Adds + 18-4(a)(4) + [ Repeals and reenacts +24175 1-26-00 48A-36(d) eff. 2-1- 1 Ch. 48A + 01] +24194 2-23-00   1 Amends + 2-140(c) +24206 3-8-00   1 Amends + 14-3(a) +      2 Amends + 14-11 +      3 Amends + 41A-5(a) +      4 Amends + 41A-10 +24219 4-12-00   1 Adds + 2-20.1 +24233 4-26-00   1 Amends + 28-114.1(h) +      2 Amends + 28-114.1(k) + Readopts +24235 4-26-00 5-1-00 1 31-33, with an amendment to + 31-33(f) +24243 4-26-00   1 Amends + 2-27 through 2-37.1.2 + Readopts +24281 6-14-00 6-16-00 1 Ch. 12, with amendments to + 12-2 +24298 6-28-00   1 Amends + 27-13 +24299 6-28-00   1 Repeals 18-4(a)(4) +24312 6-28-00 7-3-00 1 Amends 45-1.5(21) +      2 Amends Ch. 45, Art. VI (45-6.1 through + 45-6.5) + Adds +24316 6-28-00 1-1-01 1 Ch. 12A ( + 12A-1 through + 12A-43) +      2 Repeals Ch. 2, Art. XII and Ch. 31A, + Art. I +24386 9-13-00   1 Amends 7-21.2 +24410 9-27-00 10-1-00 1 Amends + 2-18 +      2 Amends + 2-27(4) +      3 Amends + 2-28 +      4 Amends + Ch. 2, Art. XV +      6 Repeals Ch. 2, Art. V (2-41 and 2-42) +24411 9-27-00 10-1-00 1 Amends + 2-168(a)(7) +      2 Amends + 2-168(b) +      3 Amends + 2-168(c) +      4 Amends + 2-168(d) +      5 Amends + 24-4(f) +      6 Amends + 24-4(h) +      7 Amends + 28-114.1 +      8 Amends + 28-114.2 +      9 Amends + 28-130.9 +      10 Amends + 42A-8 +24414 9-27-00 10-1-00 1 Amends + 49-18.4 +      2 Amends + 49-18.5 +      3 Amends + 49-18.11 +24415 9-27-00   1 Amends + 2-84 + [Sec. + 41A-5(a)(4) and (9) Amends +    and 2 Ch. 41A + 41A-7.1 eff. 1-15- + 01] +24457 11-15-00   1 Amends + 27-4 +      2 Adds + Ch. 27, Art. IV-a +      3 Repeals 27-10 +24481 12-13-00   1 Amends + 27-11 +      2 Amends + 27-13(n) + Renumbers +      3 27-13(o) as + 27-13 (p); adds + 27-13(o) +      4 Amends + Ch. 27, Art. VII +24482 12-13-00   1 Amends 7-5 +      2 Amends 7-29 +      3 Amends + 32-6 +      4 Adds + 32-6.1 +24483 12-13-00   1 Amends + 28-114.1(c) +      2 Amends + 28-114.1(f) +      3 Amends + 28-114.1(m) +      4 Amends + 28-114.1(n) +      5 Adds + 28-114.1(o) +      6 Amends + 28-114.2(a) + Renumbers +24485 12-13-00 1-1-01 1 12A-2(16) through (30) as + 12A-2(17) through (31); adds + 12A-2(16) +      2 Amends + 12A-19(b)(2) +24492 1-10-01   1 Amends + 28-50(c) +      2 Amends + 28-59 +      3 Amends + 28-60(b) + Amends Ord. 24440 to extend effective +24494 1-10-01   1 date of Sec. + 14-3(a)(6) and (9) and Sec. + 14-6.1 +24495 1-24-01 3-1-01 1 Amends + Ch. 43, Art. VIII +      2 Amends + Ch. 43, Art. IX +24539 2-28-01   3 Amends 45-6.1(a)(3) +24541 2-28-01 3-5-01 1 Amends + 14-1 +    3-5-01 2 Amends + 14-2 +    5-15-01 3 Amends + 14-6.1 +    3-5-01 4 Amends + 14-10 +    3-5-01 5 Amends + 14-11 +    3-5-01 6 Amends + 14-14 +    3-5-01 7 Repeals 14-3(a)(3) and (4) +24554 3-28-01   1 Amends + 42A-7(b) +      2 Amends + 42A-13(a) +      3 Amends + 43-127(d) +24588 4-11-01   1 Adds + 2-37.16 +      2 Amends 7-17(b) +24607 5-9-01   1 Amends 7-21.2 + Readopts +24611 5-23-01 6-16-01 1 Ch. 12, with amendments to + 12-2 +24622 5-23-01   1 Amends + 34-25(b) +24637 6-13-01 7-1-01 1 Amends + 1-5 +24661 6-27-01 7-1-01 1 Amends + Ch. 15D, Art. II +      2 Amends + Ch.15D, Art. III +24699 8-22-01 8-27-01 1 Amends + Ch. 41A +24720 9-12-01   1 Amends + 12A-3 +24721 9-12-01   1 Amends + 12A-15 +24743 9-26-01 10-1-01 1 Amends + 15C-2(c) +      2 Amends + 15D-5 +      3 Amends + 18-2 +      4 Amends + 18-3(a) +      5 Amends + 18-9(c) +      6 Amends + 18-10 +      7 Amends + 18-11 +      8 Amends + 18-32 +      9 Amends + 18-33 +      10 Amends + 18-34 +      11 Amends + 18-35 +      12 Amends + 18-38 +      13 Amends + 18-39 +      14 Amends + 18-40 +      15 Amends + 18-48 +      16 Amends + 18-49 +      17 Amends + 28-4 +24744 9-26-01 10-1-01 1 Amends + 49-18.1(c)(3) +      2 Amends + 49-18.1(c)(4) +      3 Amends + 49-18.4 +      4 Amends + 49-18.5 +24745 9-26-01 10-1-01 1 Amends + 49-2 +      2 Adds + 49-21.1 +24763 10-24-01   1 Amends + 13-3 +24824 1-23-02   1 Amends 2-159 +      2 Amends 2-160 +      3 Repeals 2-160.1 +24835 1-23-02   1 Amends + 30-1 +      2 Amends + 30-2 +      3 Amends + 30-2.1 +      4 Amends + 30-4(a)(2) +      5 Adds + 30-5 +24859 2-27-02   2 Amends + 5-1 +      3 Amends + 5-15(b) +      4 Amends + 5-16(b) +      5 Amends + 5-19(b) +      6 Amends + 5-22(b) +      7 Amends + 5-25 +      8 Amends + 5-28 +      9 Amends + 5-29 +      10 Amends + 5-31(a) +      11 Amends + 5-33 +      12 Amends 5-53 +      13 Amends 5-54 +      14 Amends 5-55(a) +      15 Amends + Ch. 28, Art. XII +      16 Amends + 31-9(b) +24867 3-27-02   1 Amends + 28-55 +      2 Repeals 28-57 +24882 4-10-02   1 Amends + 28-103 +      2 Amends + 28-114.1(c) +      3 Amends + 28-114.1(m) +      4 Renumbers and amends + 28-114.1(n) +      5 Renumbers and amends + 28-114.1(o) +      6 Amends + 28-114.2(a) +      7 Amends + 28-114.2(d) +      8 Amends + 28-114.2(g) +24927 5-8-02   1 Amends + 15B-1 +      2 Amends + 15B-3 +    10-1-02 3 Adds + Ch. 46 +24929 5-8-02   1 Amends + 24-4(e) +24930 5-8-02 5-13-02 1 Amends + 34-19(a)(3) +      2 Amends + 34-19(a)(5) +      3 Amends + 34-19(b)(8) +      4 Amends + 34-22(t)(4) +      5 Amends + 34-23(p)(5) +      6 Adds + 34-24(e) +      7 Amends + 34-38(a) +      8 Amends + 34-38(i) +      9 Adds + 34-38(j) +      10 Amends + 34-39(a)(4) +      11 Amends + 34-39(b)(1) +      12 Adds + 34-39(g) +      13 Amends + 34-40(a)(4) +      14 Amends + 34-42(a) +      15 Amends + 34-43(a) +      16 Amends + 34-43(c) +      17 Amends Ord. 24873, § 5 (eff. date of + 34-24.1) + Readopts +24943 5-22-02 6-16-02 1 Ch. 12, with amendments to + 12-2 +24946 5-22-02 6-1-02 1 Amends + 13-3 +      2 Amends + 13-4 +      3 Amends + 13-5 +      4 Amends + 13-5.2 +      5 Amends + 13-8 +      6 Amends + 13-16(a) +      7 Amends + 13-17 +      8 Amends + 13-18(a) +24961 6-12-02   1 Amends + 27-2 +      2 Amends + 27-3 +      3 Amends + 27-8 +      4 Amends + 27-9 +      5 Amends + 27-13 +      6 Amends + 27-14 +      7 Amends + 27-16.1 +      8 Amends + 27-16.2 +24978 6-26-02   1 Amends + 13-3(c) +      2 Repeals 13-19 +25002 8-14-02 9-1-02 1 Amends + Ch. 2, Art. IX +      2 Amends + 14-2.3 +      3 Amends + 14-2.4(c) +      4 Amends + 14-3.1 +      5 Amends + 41A-14(c) +25041 9-25-02   1 Adds + 2-17.3 +25051 9-30-02   1 Amends + 34-9(a) +      2 Amends + 34-39(f)(4) +25047 9-30-02 10-1-02 1 Amends + 2-26.7(a) +      2 Amends + 2-26.7(c) +      3 Amends + 2-27(4) +      4 Amends + 2-28 +      5 Amends + 2-37.16 +      6 Adds + Ch. 2, Art. V +      7 Amends 2-49 +      8 Amends + 2-98 +      9 Amends 2-148(c) +      10 Amends + 14-4(c) +      11 Amends + 41A-6(c) +      12 Amends + 43-121(c) +      13 Amends + 43-126.5(d) +      14 Amends + 49-1(24) +      15 Amends + 49-1(26) + Repeals Ch. 2, Art. IV-a, 2-38 thru 2- +      106 40; Repeals Ch. 2, Art. VII-a, 2-73 + thru 2-74; Repeals Ch. 2, Art. VII-b, + 2-75 thru 2-75.1 +25048 9-30-02 10-1-02 1 Amends + 2-26.2(a) +      2 Amends + 2-26.2(f) +      3 Amends 10-17(g) +      4 Amends 10-17(h) +      5 Amends 10-20 +      6 Amends 10-26 +      7 Amends 10A-17 +      8 Amends 10A-26 +      9 Amends 10B-17(f) +      10 Amends 10B-20 +      11 Amends 10B-26 +      12 Amends + 14-4 +      13 Amends + 15D-9.10 +      14 Amends + 15D-9.16 +      15 Amends + 15D-9.31(c) +      16 Amends + 15D-58(b) +      18 Amends + 17-9.3(b) +      19 Amends 17-9.4(a) +      20 Amends 17-9.5 +      21 Amends 17-9.6 +      22 Amends 17-9.7 +      23 Amends 17-9.8(b) +      24 Amends 17-9.11 +      25 Amends 17-9.23 +      26 Amends + 18-9(c) +      27 Amends + 19-28 +      28 Amends + 24-2 +      29 Amends + 24-4(e) +      30 Amends + 41A-6 +      31 Amends + 43A-17 +      32 Amends + 43A-18 +      33 Amends 45-3.2(f) +      34 Amends 45-3.3 +      35 Amends 45-3.9 +      36 Amends 45-6.4(h) +      37 Amends 45-7.2 +      38 Amends 50-159.1(c) +25049 9-30-02 10-1-02 1 Amends + 49-18.4 +      2 Amends + 49-18.5 +      3 Amends + 49-18.6 +      4 Amends + 49-18.7 +      5 Amends + 49-18.16 +25092 10-23-02   2 Amends + 41A-13(g), (h) +25124 12-11-02 3-1-03 1 Amends + 5-33 +25142 12-11-02 12-15-02 1 Amends + 34-19(b)(10) +25168 1-22-03 3-1-03 1 Amends + Ch. 41 +25174 2-12-03   1 Amends + 6-1 +      2 Amends + 6-4 +      3 Amends + 6-6.1 +25200 2-26-03   1 Amends 45-7.2.1 +25203 3-5-03   1 Amends + 12A-10 +25213 3-26-03 4-15-03 1 Adds + 28-63.3 +      2 Amends + 31-35 +      3 Amends + 50-156 +      4 Repeals Ch. 42, Art. I-a, 42-13 thru + 42-16 +25214 3-26-03   1 Amends + 49-1 +      2 Amends + 49-42(f) +25215 4-2-03   1 Amends 10-36(a) +      2 Amends 10A-36(a) +      3 Amends + 15D-46(a) +      4 Amends 45-4.4(a) +      5 Amends + 48A-29(a) + Readopts +25231 4-9-03 5-1-03 1 31-33, with an amendment to + 31-33(f) +25236 4-9-03   1 Amends + 12A-19 +      2 Amends + 12A-26 +      3 Amends + 12A-29 +25256 5-28-03   1 Amends + 49-1 +      2 Amends + 49-42(f) +      3 Amends + 49-42(g) +      4 Amends + 49-45(f) + Readopts +25269 5-28-03 6-16-03 1 Ch. 12, with amendments to + 12-2 +25274 5-28-03   1 Amends + 28-42.1 +25296 6-18-03   1 Amends + 41A-1 +      2 Amends + 41A-2 +      3 Amends + 41A-3 +      4 Amends + 41A-14.2 +25322 6-25-03   1 Adds + 6-14 +25331 6-25-03   1 Amends 45-4.4(c) +25365 9-10-03   1 Amends 45-3.10 +25371 9-24-03   1 Amends + 1-5 +      2 Amends + 7A-2(3) +      3 Amends + 7A-19.1 +      4 Amends + 7A-19.2(a) +      5 Amends + 18-12 +      6 Amends + 18-17 +      7 Amends + 18-18(a) +25384 9-24-03 10-1-03 1 Amends + 2-168 +      2 Amends + 18-9(c) +      3 Amends + 19-28 +      4 Amends + 28-4(b)(6) +25385 9-24-03 10-1-03 1 Amends + 49-10 +      2 Amends + 49-18.1 +      3 Amends + 49-18.2 +      4 Amends + 49-18.3 +      5 Amends + 49-18.4 +      6 Amends + 49-18.5 +      7 Amends + 49-18.6 +      8 Amends + 49-18.7 +      9 Amends + 49-18.8 +      10 Amends + 49-18.9 +      11 Amends + 49-18.16 +25386 9-24-03   1 Amends + 34-22(t) +25387 9-24-03   1 Repeals Ch. 2, Art. XXII, 2-153 thru 2- + 154 +25388 9-24-03   1 Amends 7-1 +      2 Amends + 7-1.2 +      3 Amends 7-2 +      4 Amends 7-7 +      5 Amends 7-10 +      6 Amends 7-11 +      7 Amends 7-18(f) +      8 Amends 7-18.1 +      9 Amends 7-18.2 +      10 Amends 7-20 +      11 Amends 7-22 +      12 Amends 7-22.1(a) +      13 Amends 7-23 +      14 Amends 7-24 +      15 Amends 7-25 +      16 Amends 7-26 +      17 Amends 7-27 +      18 Amends 7-28 +      19 Amends 7-28.1(f) +      20 Amends 7-29 +      21 Amends 7-32 +      22 Amends 7-32.1(c) +      23 Amends 7-32.2 +      24 Amends 10B-48(c) +25389 9-24-03 10-22-03 1 Amends + 34-17 +    10-22-03 2 Amends + 34-19 +    10-1-03 3 Adds + 34-31 +    10-1-03 4 Amends + 34-38(f)(4) + Amends +    10-1-03 5 Ch. 34, Art. VII, + 34-42 thru + 34-45 +25409 10-22-03   1 Adds + 43-140.1 +      2 Amends + 43-141 +25424 10-22-03   1 Amends + 9A-3 +      2 Amends + 9A-8 +25425 10-22-03   1 Amends + 39A-5(p)(3) +      2 Amends + 39A-6(j) +25438 11-12-03   1 Adds + 43-148 +25439 11-12-03 1-15-04 1 Adds + 31-40 +25443 12-8-03   1 Amends + 2-26.4 +      2 Amends + 2-26.6 +      3 Amends + 2-26.10 +      4 Amends + 2-26.12 +25457 12-8-03 12-15-03 1 Amends 45-1.3 +      2 Amends 45-2.10 +      3 Amends 45-2.12 +      4 Amends 45-3.2 +      5 Amends 45-3.12 +      6 Amends 45-3.13 +      7 Amends 45-4.1 +      8 Amends 45-4.3 +      9 Amends 45-4.4 +      10 Amends 45-6.1 +      11 Amends 45-6.2 +      12 Amends 45-6.3 +      13 Amends 45-6.5 +      14 Amends 45-7.2 +      15 Amends 45-7.3 +      16 Amends 45-8.1 +      17 Amends 45-8.2 +      18 Amends 45-8.3 +      19 Amends 45-8.5 +      20 Amends 45-8.6 +25464 12-8-03   1 Adds + 2-16 +25465 12-8-03   1 Amends + 6-4 +25478 1-14-04   1 Amends + 2-140 +25495 2-11-04   1 Amends + 2-17.2 +25496 2-11-04   1 Amends + 13-3 +25501 2-25-04   1 Adds + Ch. 2, Art. XXI-a, 2-152.1 thru 2-152.2 +25511 2-25-04   1 Adds + 2-37.17 + Adds +25517 2-25-04   1 Ch. 2, Art. VII-a, + 2-73 thru + 2-74 +25518 2-25-04   1 Amends + 13-5.2 +25521 3-3-04 6-1-04 1 Adds + 31-41 +25522 3-3-04 9-1-04 1 Amends + 27-3 +      2 Amends + 27-4 +      3 Amends + 27-5 +      4 Amends + 27-11 +      5 Amends + 27-27 +      6 Amends + 27-28 +      7 Amends + Ch. 27, Art. VII +      8 Repeals Ch. 27, Art. V + Amends +25539 3-24-04   1 Ch. 43, Art. VI, Div. 1, + 43-112 thru + 43-119 +      2 Amends + 43-126.3 +      3 Amends + 43-126.6 +25564 4-14-04   1 Amends + 37-80 +25565 4-14-04   1 Amends + Ch. 2, Art. XXI-a +25570 4-28-04   1 Amends + 39A-6(f) +      2 Amends + 39A-6(h) + Readopts +25628 6-9-04 6-16-04 1 Ch. 12, with amendments to + 12-2 +25630 6-9-04 6-13-04 1 Amends + 34-43 + Adds +25635 6-23-04 10-1-04 1 Ch. 18, Art. V, + 18-55 thru + 18-66 +      2 Adds + 19-34.1 +25651 6-23-04   1 Amends + 2-26.2 +25655 6-23-04   1 Amends + 13-5.2 +25663 6-23-04 6-23-04 1 Amends + 34-10 +25693 8-11-04   1 Amends + 43-140.1 +      2 Adds + 43-140.2 +25695 8-11-04 11-10-04 1 Amends + 40A-1 +      2 Amends + 40A-2 +    �� 3 Amends + 40A-3 +      4 Amends + 40A-4 +      5 Amends + 40A-6 +      6 Amends + 40A-7 +      7 Adds + 40A-7.1 +      8 Amends + 40A-16(d) +      9 Amends + 40A-21(c) +      10 Amends + 40A-28 +      11 Amends + 40A-35 +25754 9-22-04 10-1-04 1 Amends + 2-168 +      2 Amends 7-10 +      3 Amends 7-18(g) +      4 Amends 7-20 +      5 Amends 7-24 +      6 Amends 7-32 +      7 Adds Ch. 17, Art. IX, Div. 3, 17-9.25 + thru 17-9.29 +      8 Amends + 18-9(c) +      9 Amends + 18-11(b) +      10 Amends + 24-2 +      11 Amends + 24-4 +      12 Amends 29-6 +      13 Amends + 42A-8 +25755 9-22-04 10-1-04 1 Amends + 49-18.1 +      2 Amends + 49-18.2 +      3 Amends + 49-18.4 +      4 Amends + 49-18.5 +      5 Amends + 49-18.7 +      6 Amends + 49-18.12 +25756 9-22-04 10-1-04 1 Amends + 28-103 +      2 Amends + 28-114.1 +      3 Amends + 28-114.2(a) +      4 Amends + 28-114.2(b) +25774 10-13-04   1 Amends + 27-43 +25808 11-10-04   1 Amends + 2-17.2 +25812 12-8-04   1 Amends + 48A-5 +      2 Amends + Ch. 48A, Art. VI +      3 Amends + 48A-50 +25818 12-8-04   1 Amends + 40A-1(45) +      2 Amends + 40A-12 +      3 Amends + 40A-26 +      4 Amends + 40A-33 +25819 12-8-04   1 Amends + Ch. 2, Art. IV, Div. 1 +      2 Amends + 2-37.4 +      3 Amends + 2-37.15 +25833 12-8-04   1 Amends + 28-44 +      2 Amends + 28-45(a) +      3 Amends + 28-45(b) +      4 Amends + 28-50(c) +      5 Amends + 28-59 +      6 Amends + 28-60(b) + Adds +25834 12-8-04   1 Ch. 2, Art. IV-a, + 2-38 thru + 2-40 +      2 Amends + 2-42 +      3 Amends + Ch. 14B +25836 12-8-04   1 Repeals + 12A-43 +25906 2-23-05   1 Amends + Ch. 12A, Art. VI +25909 2-23-05   1 Amends + 41A-6(a) +25921 3-9-05   6 Repeals Ch. 15A, Art. II, 15A-8 thru + 15A-13 +25927 3-9-05 4-1-05 1 Amends + 7A-20 +      2 Amends + 13-3 +      3 Amends + 18-12.1 +      4 Amends + 18-16 +      5 Adds + 18-28.1 +      6 Amends + 27-4 + Adds +      7 Ch. 27, Art. IV-b, + 27-16.12 thru + 27-16.23 +25979 5-11-05   1 Amends + 18-14.1 + Readopts +25998 5-25-05 6-16-05 1 Ch. 12, with amendments to + 12-2 +26007 6-8-05   1 Amends + 8-1.4 +26022 6-8-05   1 Amends + 30-1 +      2 Amends + 30-2 +      3 Adds + 30-3.1 +26023 6-8-05 8-1-05 1 Repeals and reenacts + Ch. 17 +26024 6-8-05   1 Repeals and replaces + Ch. 7 +26093 8-24-05   1 Amends + 13-5.2 +26134 9-28-05 10-1-05 1 Amends + 15C-2 +      2 Amends + 15D-5 +      5 Amends + 17-10.2(f) +      6 Amends + 18-9(c) +      7 Amends + 18-34 +      8 Amends + 28-4 +26135 9-28-05 10-1-05 1 Amends + 49-10 +      2 Amends + 49-18.1 +      3 Amends + 49-18.2 +      4 Amends + 49-18.4 +      5 Amends + 49-18.5 +      6 Amends + 49-18.6(a) +      7 Amends + 49-18.9 +      8 Amends + 49-18.12 +26136 10-12-05   1 Amends + 42A-5 +      2 Amends + 42A-7 +      3 Amends + 42A-8 +      4 Amends + 42A-10 +      5 Adds + 42A-12.1 +      6 Amends + 42A-13 +      7 Repeals Ch. 35 +26164 11-9-05 11-14-05 1 Amends 45-6.1 +26182 12-14-05   1 Amends + 34-1 +      2 Amends + 34-20 +      3 Amends + Ch. 34, Art. VI +26200 12-14-05 2-1-06 1 Amends + Ch. 15C, Art. I +26225 1-25-06   1 Amends + Ch. 2, Art. VIII-a +26246 1-25-06   1 Amends + 8-1.4 +26263 2-22-06 3-1-06 1 Amends + Ch. 43, Art. VIII +26264 2-22-06 4-1-06 1 Amends + 5-31 +26265 2-22-06 5-1-06 1 Adds + 28-41.1 +26274 3-8-06   1 Amends + 1-5.1 +      2 Amends + 18-12.1 +26293 3-8-06 4-1-06 1 Amends + 28-4 +26305 4-12-06 8-1-06 1 Adds + Ch. 28, Art. XIX, 28-203 thru 28-217 +26309 4-26-06   1 Amends + 28-5.1 +      2 Amends + 28-130.9 +      3 Amends + 28-130.13 +26336 4-26-06 5-1-06 1 Readopts 31-33, with an amendment to + 31-33(f) +26342 5-10-06   1 Adds + 31-39.1 + Readopts +26376 6-14-06 6-16-06 1 Ch. 12, with amendments to + 12-2 +26455 9-27-06   1 Amends + 27-3 +      2 Amends + Ch. 27, Art. II +      3 Amends + Ch. 27, Art. IV +      4 Amends + Ch. 27, Art. IV-a +      5 Amends + 27-31 +26478 9-27-06 10-1-06 1 Amends + 18-9(c) +      2 Amends + 50-137 +26479 9-27-06 10-1-06 1 Amends + 49-18.1 +    10-1-06 2 Amends + 49-18.2 +    10-1-06 3 Amends + 49-18.4 +    10-1-06 4 Amends + 49-18.5 +    10-1-06 5 Amends + 49-18.6(d) +    1-1-07 6 Amends + 49-18.7(a) +    1-1-07 7 Amends + 49-18.7(b) +    10-1-06 8 Amends + 49-18.12 +    10-1-06 9 Adds + 49-18.17 +    10-1-06 10 Amends + 49-27 +    10-1-06 11 Amends + 49-61(c) +26480 9-27-06 10-1-06 1 Amends + Ch. 18, Art. IV + Adds +26492 10-25-06 11-1-06 1 Ch. 5, Art. I; amends + 5-4 +IT+>   [except 5-63(a) 2 Adds Ch. 5, Art. II, 5-57 thru 5-63 + eff. 12-1-06] +      3 Adds 10-47.1 +      4 Adds 10A-46.1 +      5 Adds 45-5.12 +26500 10-25-06   1 Amends + 28-44 +      2 Amends + 28-50(c) +      3 Amends + 28-60(b) +26517 12-13-06   1 Amends + 2-11.1 +26518 12-13-06   1 Amends + 49-21.1(b) +26537 12-13-06 1-1-07 1 Amends + Ch. 40B, Art. I +26556 1-24-07 2-1-07 1 Amends + 17-1.5(b)(6) +      2 Amends + 17-1.5(b)(17) +      3 Amends + 17-1.6 +      4 Amends + 17-2.1 +      5 Amends + 17-9.2(b) +      6 Amends + 17-9.2(e) +      7 Amends + 17-10.2(i) +      8 Amends + 17-10.2(r)(2) +      9 Adds + 17-10.2(s) +26585 2-28-07   1 Amends + Ch. 18, Art. II +26598 2-28-07 4-1-07 1 Amends + 2-26.2(f) +      2 Amends + 2-26.2(h)(4) +      3 Amends + 5A-8 +      4 Amends 10A-17(a) +      5 Amends 10A-20 +      6 Amends + 17-2.2(c)(6) +      7 Amends + 17-2.2(d)(5) +      8 Amends + 17-10.2(d) +      9 Amends + 17-10.2(e)(1) +      10 Amends + 17-10.2(f)(4) +      11 Amends + 17-10.2(g)(2) +      12 Amends + 17-10.2(h)(2) +      13 Amends + 17-10.2(i)(1) +      14 Amends + 18-57 +      15 Amends + 24-4(b) +      16 Amends + 24-4(d) +      17 Amends + 24-4(e)(1) +      18 Amends + 27-42(b) +      19 Amends + 27-42(d) +      20 Amends 45-2.11(b) +      21 Amends 45-3.3 +      22 Amends 45-7.2 +      23 Amends + 50-116 +26608 3-28-07   1 Amends + Ch. 18, Art. IV +26693 3-28-07   1 Amends + 34-38 +26738 5-23-07 6-1-07 1 Amends + 31-35 +26761 5-23-07 6-1-07 1 Amends + 31-16 +26766 5-23-07 10-1-07 1 Adds + 5A-15 +      2 Amends + 30-3.1 + Readopts +26800 6-13-07 6-16-07 1 Ch. 12, with amendments to + 12-2 +26804 6-13-07   1 Amends + 2-11.3 +26809 6-20-07 6-25-07 1 Amends + Ch. 43, Art. VI, Div. 1 (title) +      2 Amends + 43-115(a) + Adds +      3 Ch. 43, Art. VI, Div. 4, + 43-126.15 thru + 43-126.31 +26811 6-27-07   1 Amends + Ch. 2, Art. XIV +26919 9-12-07 10-1-07 1 Amends + Ch. 15C, Art. I +26925 9-26-07   1 Amends + 19-120(c) +      2 Amends + 19-123(d) +      3 Amends + 49-1 +      4 Amends + 49-18.13 +      5 Amends + Ch. 49, Art. IV +      6 Amends + 49-56(b) +26955 9-26-07   1 Amends + 27-4(b) +26960 9-26-07 10-1-07 1 Amends + 18-2 +      2 Amends + 18-3 +      3 Amends + 18-4 +      4 Amends + 18-7 +      5 Amends + 18-9 +      6 Amends + 18-11 +26961 9-26-07 10-1-07 1 Amends + 49-1 +      2 Amends + 49-6 +      3 Amends + 49-7(a) +      4 Amends + 49-18.1 +      5 Amends + 49-18.2 +      6 Amends + 49-18.3 +      7 Amends + 49-18.4 +      8 Amends + 49-18.5 +      9 Amends + 49-18.9 +      10 Amends + 49-18.12 +      11 Amends + 49-18.16 +      12 Amends + 49-35 +26967 10-10-07   1 Adds + 13-28.2 +26988 11-5-07 10-29-07 1 Amends + Ch. 28, Art. XIX +26992 11-12-07   1 Amends + 15D-14 + Adds +27026 11-28-07   1 Ch. 44, Art. VIII, + 44-57 +27091 2-27-08   1 Amends 10A-5 +      2 Amends 10A-18 +      3 Amends 10A-19(a) +      4 Amends 10A-25 +      5 Amends 10A-32 +      6 Amends Ch. 10A, Art. IV +      7 Amends 10A-44 +      8 Amends 10A-49 +      9 Amends 10A-50 +      10 Amends 10A-52(a) +      11 Amends 10A-54 +27092 2-27-08   1 Amends + 18-11 +27098 2-27-08   1 Amends + 34-40(g) +27101 2-27-08 6-1-08 1 Adds + 28-41.2 +27102 2-27-08   1 Adds Ch. 28, Art. XIX, Div. 3, 28-218 + thru 28-219 +27139 4-16-08 4-21-08 1 Amends + 41A-1 +      2 Amends + 41A-2 +      3 Amends + 41A-3 +      4 Amends + 41A-4 +      5 Amends + 41A-5 +      6 Amends + 41A-7 +      7 Amends + 41A-7.1 +      8 Amends + 41A-8 +      9 Amends + 41A-9 +      10 Amends + 41A-10 +      11 Amends + 41A-10.1 +      12 Amends + 41A-10.2 +      13 Amends + 41A-11 +      14 Amends + 41A-15 +      15 Amends + 41A-16 +      16 Amends + 41A-17 +      17 Amends + 41A-18.1 +      18 Amends + 41A-20 +      19 Adds + 41A-20.1 +27146 4-23-08   1 Amends + 15A-3 + Adds +      2 Ch. 15A, Art. II, + 15A-8 thru 15A-13 +27147 5-14-08 5-19-08 1 Amends + 27-3(33) +27185 5-14-08   1 Amends + 27-42 +27189 5-28-08 1-1-09 1 Amends + 28-4 +27190 5-28-08   1 Amends + 17-10.2(s) +27201 5-28-08 6-2-08 1 Amends + Ch. 43, Art. VI, Div. 4 +27202 5-28-08 6-2-08 1 Amends + Ch. 40B +27203 5-28-08 7-1-08 1 Amends + 18-11(b) +27210 6-11-08   1 Amends + Ch. 28, Art. XI, Div. 4 +      2 Amends + Ch. 28, Art. XI, Div. 5A +      3 Amends + 28-130.9(a) + Readopts +27222 6-11-08 6-16-08 1 Ch. 12, with amendments to + 12-2 +27223 6-11-08   1 Amends + 12A-5 +27227 6-25-08   1 Amends + 43-32 +      2 Amends + 43-62 +27248 6-25-08 9-1-08 1 Adds + Ch. 48B +27249 6-25-08 8-24-08 1 Amends + Ch. 40B + 7-1-08 [except + 7-4.9 eff. 9-25-08; Amends +27250 6-25-08 7-4.10 and 1 7-1.1 + 7-4.11 eff. 10-25- + 08] +      2 Amends + 7-2.6(a) +      3 Amends + 7-2.7 +      4 Amends + 7-3.1 +      5 Amends + 7-3.4 +      6 Amends + 7-4.2 +      7 Amends + 7-4.6 +      8 Amends + 7-4.7 +      9 Adds + 7-4.9 +      10 Adds + 7-4.10 +      11 Adds + 7-4.11 +      12 Amends + Ch. 7, Art. V +      13 Adds + 7-7.6 +      14 Amends + 7-8.1 +27264 8-13-08   1 Amends + 5A-15 +      2 Amends + 30-3.1(f) + 10-15-08 [except + 12B-19(a) eff. 1- +27293 8-27-08 15-09; 1 Adds + 12B-14, Ch. 12B + 12B-15, and + 12B-16 eff. 5-1-10] +27294 8-27-08   1 Amends + 28-24.1 +      2 Amends + 28-44 +      3 Amends + 28-45(a) +      4 Amends + 28-50(c) +      5 Amends + 28-59 +      6 Amends + 28-60 +27295 8-27-08   1 Amends 45-1.5(1) +      2 Amends 45-7.2.1 +27353 9-24-08 10-1-08 1 Amends + 2-168 +      2 Amends + 5A-5.1 +      3 Amends + 5A-8 +      4 Amends + 15D-5 +      5 Amends + 17-2.2(c)(6) +      6 Amends + 17-10.2(d) +      7 Amends + 17-10.2(e)(1) +      8 Amends + 17-10.2(g) +      9 Amends + 17-10.2(h) +      10 Amends + 17-10.2(i) +      11 Amends + 17-10.2(j) +      12 Amends + 17-10.2(l) +      13 Amends + 18-9(c) +      14 Amends + 18-11(a) +      15 Amends + 18-11(b) +      16 Amends + 24-4 +      17 Amends + 50-159(e) +      18 Amends 50-159.1(c) + Adds +27354 9-24-08 10-1-08 1 Ch. 15D, Art. IV, + 15D-71 +27355 9-24-08 10-1-08 1 Amends + 49-18.1 +      2 Amends + 49-18.2 +      3 Amends + 49-18.4 +      4 Amends + 49-18.5 +      5 Amends + 49-18.6 +      6 Amends + 49-18.11 +      7 Amends + 49-18.12 +      8 Amends + 49-18.14 +      9 Amends + 49-18.16 +27362 10-22-08 10-27-08 1 Adds + 13-28.3 +27436 12-10-08   1 Amends + 5-31 +      2 Amends + 5-33 +27438 12-10-08   1 Amends + 13-3 +27440 12-10-08 4-10-09 1 Amends + Ch. 41 +27458 1-14-09 2-1-09 1 Amends + 27-4 +      2 Amends + 27-31 +      3 Amends + 27-33 +      4 Amends + 27-34 +      5 Amends + 27-36 +      6 Amends + 27-44 +      7 Adds + Ch. 27, Art. VIII, 27-45 thru 27-58 +27487 2-11-09 2-16-09 1 Amends + 15D-13 +      2 Amends + 15D-15 +      3 Amends + Ch. 15D, Art. II, Div. 2 +      4 Amends + 15D-29 +      5 Amends + 15D-31 +      6 Amends + 15D-33 +      7 Amends + 15D-35 +      8 Amends + 15D-37 +      9 Amends + 15D-42 +      10 Amends + 15D-45 +      11 Amends + 15D-46(d) +      12 Amends + 15D-47 +      13 Amends + Ch. 15D, Art. II, Div. 5 +      14 Amends + 15D-57 +      15 Amends + 15D-58 +      16 Amends + 15D-64 +27504 3-25-09   1 Amends + 12A-3 +      2 Amends + 12A-4 +      3 Amends + 12A-12 + Readopts +27527 4-22-09 5-1-09 1 31-33, with an amendment to + 31-33(f) +27538 5-13-09 5-18-09 1 Amends + 31-33 +27553 5-27-09   1 Amends + 28-96.1 +      2 Amends + 28-114.1(a) +      3 Amends + 28-114.1(b) +      4 Amends + 28-114.1(c) +      5 Amends + 28-114.2(a) +      6 Amends + 28-114.12 +      7 Amends + 28-130.9 + Readopts +27565 6-10-09 6-16-09 1 Ch. 12, with amendments to + 12-2 + Adds +27629 8-26-09 10-1-09 1 Ch. 48C, + 48C-1 thru + 48C-51 +27659 9-23-09   1 Amends + 43-126.30 +27695 9-23-09 10-1-09 1 Amends + 2-168(a)(9) +      2 Amends + 2-168(b) +      3 Amends + 2-168(c) +      4 Amends 10-17(b) +      5 Amends 10-17(e) +      6 Amends 10-20 +      7 Amends 10-26 +      8 Amends 10A-17(a) +      9 Amends 10A-17(c) +      10 Amends 10A-20 +      11 Amends 10A-26 +      12 Amends 10B-17(a) +      13 Amends 10B-17(b) +      14 Amends 10B-17(d) +      15 Amends 10B-20 +      16 Amends 10B-26 +      17 Adds 13-28.4 +      18 Amends + 15D-9(a)(13) +      19 Amends + 15D-9.10 +      20 Amends + 15D-9.16 +      21 Amends + 15D-21(a) +      22 Amends + 15D-23(c) +      23 Amends + 15D-30 +      24 Amends + 15D-36 +      25 Amends + 15D-58(b) +      26 Amends + 17-2.2(d)(5) +      27 Amends + 17-10.2(d)(2) +      28 Amends + 17-10.2(e)(1) +      29 Amends + 17-10.2(f)(4) +      30 Amends + 17-10.2(g) +      31 Amends + 17-10.2(h) +      32 Amends + 17-10.2(i) +      33 Amends + 17-10.2(j) +      34 Amends + 17-10.2(l) +      35 Amends + 18-9(c)(1) +      36 Amends + 18-9(c)(2) +      37 Amends + 27-32 +      38 Amends + 27-42(c) +      39 Amends + 27-42(e) +      40 Amends 45-2.4(a) +      41 Amends 45-3.2(g) +      42 Amends 45-3.3 +      43 Amends 45-3.9 +      44 Amends 45-7.2(c) +      45 Amends + 48A-6(b)(9) +      46 Amends + 48A-14 +      47 Amends + 48A-20 +27697 9-23-09 10-1-09 1 Amends + 2-26.7(a) +      2 Amends + 2-26.7(c) +      3 Amends + 2-27(4) +      4 Amends + 2-28 +      5 Amends + Ch. 2, Art. V +      6 Amends 2-49 +      7 Amends + 2-51 +      8 Amends + Ch. 2, Art. VII-a + Adds +      9 Ch. 2, Art. VII-b, + 2-75 thru 2-75.1 +      10 Amends + 2-98 +      11 Amends + Ch. 2, Art. XV + Adds +      12 Ch. 2, Art. XV-a, + 2-135 thru + 2-135.1 + Adds +      13 Ch. 2, Art. XV-b, + 2-135.2 thru + 2-135.3 +      14 Amends + 2-139.2 +      15 Amends + Ch. 2, Art. XIX +      16 Amends 2-148(c) +      17 Amends + 9A-2(b) +      18 Amends + 9A-3(a)(9) +      19 Amends + 9A-12 +      20 Amends + 14-3(a) +      21 Amends + 14-4(c) +      22 Amends + 14-6 +      23 Amends + 14B-2 +      24 Amends + 14B-3(4) +      25 Amends + 14B-3(8) +      26 Amends + 14B-5 +      27 Amends + 18-2(12) +      28 Amends + 18-12(d)(3) +      29 Amends + 19-1 +      30 Amends + 19-10 +      31 Amends + 19-18 +      32 Amends + 19-32 +      33 Amends + 19-33 +      34 Amends + 19-34.1(c) +      35 Amends + 19-44 +      36 Amends + 19-60 +      37 Amends + 19-84(d) +      38 Amends + 19-94 +      39 Amends + 19-96 +      40 Amends + 19-97 +      41 Amends + 19-99 +      42 Amends + 19-118(12) +      43 Adds + 28-2(a)(4.1) +      44 Amends + 28-2(a)(8) +      45 Amends + 28-19 +      46 Amends + 28-76.4(a) +      47 Amends + 28-113 +      48 Amends + 28-114.12(a) +      49 Amends + 28-130 +      50 Amends + 28-130.2(b) +      51 Amends + 28-130.5 +      52 Amends + 28-130.12(d) +      53 Amends + 28-164 +      54 Amends 28-204 +      55 Amends 28-205 +      56 Amends 28-207(f) +      57 Amends 28-207(g) +      58 Amends 28-207(j) +      59 Amends 28-208(b) +      60 Amends 28-209 +      61 Amends 28-210(b) +      62 Amends 28-212(b) +      63 Amends 28-215(a) +      64 Amends + 40-1 +      65 Amends + 40-3 +      66 Amends + Ch. 40, Art. II +      67 Amends + 41A-5(a) +      68 Amends + 41A-6(c) +      69 Amends + 41A-7 +      70 Amends + 42A-7(c) +      71 Amends + 43-121(c) +      72 Amends + 43-126.5(d) +      73 Amends + 43-126.16(5) +      74 Amends + 47-14 +      75 Amends + 47-17(a) +      76 Amends + 47-20 +      77 Amends + 48B-14(c) +      78 Amends + 49-1(24) + Repeals Ch. 2, Art. V-e, 2-52 thru 2- +      100 53; 14B-4; Ch. 19, Art. III, 19-47 thru + 19-59 +27698 9-23-09 10-1-09 1 Amends + 19-121 +      2 Amends + 49-18.1 +      3 Amends + 49-18.2 +      4 Amends + 49-18.4 +      5 Amends + 49-18.5 +      6 Amends + 49-18.7(a) +      7 Amends + 49-18.7(b) +      8 Amends + 49-18.9 +      9 Amends + 49-18.12 +      10 Amends + 49-18.13 +      11 Amends + 49-47(a) +27700 10-14-09   1 Amends + 28-44 +      2 Amends + 28-45(a) +      3 Amends + 28-50(c) +      4 Amends + 28-60 +27705 10-14-09   1 Repeals Ch. 2, Art. XXI-a, 2-152.1 thru + 2-152.2 +27706 10-28-09   1 Amends + 13-3 +27721 11-9-09 11-15-09 1 Amends + 48A-43 +27747 11-9-09   1 Amends + 6-4(g) +27748 11-9-09 4-1-10 1 Amends + 12A-2 +      2 Adds Ch. 12A, Art. III-A, 12A-15.2 thru + 12A-15.12 +27749 11-9-09 12-1-09 1 Adds + 15A-4.1 +27751 12-9-09 2-1-10 1 Amends + 27-3 +      2 Amends + 27-4 + Adds +      3 Ch. 27, Art. IX, + 27-59 thru 27-72 +27775 12-9-09   1 Amends + 43-115 +      2 Amends + 43-115.1 +27803 2-10-10   1 Amends + 48C-38 +      2 Amends + 48C-42 +27819 2-24-10   1 Adds + 12A-3(h) +      2 Adds + 12A-4(e) +      3 Adds + 12A-7(e) +      4 Amends + 12A-8(b) +      5 Amends + 12A-12(c) +      6 Amends + 12A-19(a)(1) +27823 3-10-10   1 Amends + 13-3 +27831 3-10-10 4-10-10 1 Amends 5-58 +      2 Amends 5-59 +      3 Adds 5-61.1 +27833 4-7-10   1 Amends + 13-5.1 +27834 4-7-10   1 Amends 12A-15.2(10) +      2 Amends 12A-15.2(11) +      3 Amends 12A-15.3 +27865 4-28-10   1 Amends + 2-37.2(c) +27888 5-26-10   1 Adds + 7-4.12 + Readopts +27911 6-9-10 6-16-10 1 Ch. 12, with amendments to + 12-2 +27922 6-23-10   1 Adds + 27-16.11(d) +27934 8-11-10   1 Amends + 18-11(c)(2) +        Amends + 18-11(c)(5) +27960 8-11-10 8-15-10 1 Adds + 31-32.1 +27963 8-25-10   1 Adds + 30-3.2 +      2 Amends + 30-5(a) +27980 9-8-10   1 Amends + 2-26.2 +27993 9-22-10   1 Amends + 32-9.1 +28019 9-22-10 10-1-10 1 Amends + 5A-5.1 +      2 Amends + 5A-8 +      3 Amends + 18-3 +      4 Amends + 18-4 +      5 Amends + 18-8(b) +      6 Amends + 18-9(c) +      7 Amends + 18-11(b) +      8 Amends + 27-32 +      9 Amends + 28-114.1(c) +      10 Amends + 28-114.1(d) +      11 Amends + 28-114.1(e) +      12 Retitles + Ch. 44, Art. III +      13 Amends + 44-22 +      14 Amends + 44-32 +      15 Repeals 44-33 +28020 9-22-10 10-1-10 1 Repeals Ch. 2, Art. XX, 2-147 thru 2- + 149 +      2 Repeals Ch. 2, Art. XXV, 2-159 thru 2- + 160.1 +      3 Amends + 12A-2(24) +      4 Repeals Ch. 39B, Art. III, 39B-15 thru + 39B-16 +28024 9-22-10   1 Amends + 34-4 +      2 Adds + 34-5(e) +      3 Amends + 34-10(a) +      4 Amends + 34-11(c) +      5 Amends + 34-14 +      6 Amends + 34-15 +      7 Amends + 34-16 +      8 Amends + 34-17 +      9 Amends + 34-19 +      10 Amends + 34-20 +      11 Amends + 34-21 +      12 Adds + 34-21.1 +      13 Amends + 34-22 +      14 Amends + 34-23 +      15 Amends + 34-24.1 +      16 Amends + 34-25 +      17 Adds + 34-31.1 +      18 Amends + 34-32 +      19 Amends + 34-36 +      20 Amends + 34-38(c) +      21 Amends + 34-38(f)(1) +      22 Amends + 34-39(b)(5) +      23 Amends + 34-39(f) +      24 Amends + 34-40(c)(5) +      25 Amends + 34-40(f)(2) +      26 Amends + 34-43 +28025 9-22-10 10-1-10 1 Amends + 49-18.1 +      2 Amends + 49-18.2 +      3 Amends + 49-18.4 +      4 Amends + 49-18.5 +      5 Amends + 49-18.9 +28046 10-26-10 1-1-11 1 Amends + 17-1.5(b)(6) +      2 Amends + 17-1.5(b)(16) +      3 Amends + 17-9.2 +      4 Amends + 17-10.2(i) + Adds +      5 Ch. 29A, + 29A-1 thru + 29A-15 +      6 Amends + 42A-5 +28048 11-10-10   1 Amends + 31-38 +28065 12-8-10 12-13-10 1 Amends + 31-17 +      2 Adds + 31-17.1 +28066 12-8-10   1 Amends + 43-136 +28075 12-8-10 1-1-11 1 Amends + 31-35 + Amends +28084 1-12-11   1 Ch. 19, Art. X, + 19-119 thru + 19-131.2 +      2 Amends + 49-1 + Amends +      3 Ch. 49, Art. IV, + 49-41 thru + 49-55.7 +28110 1-26-11 1-31-11 1 Adds + 5-35 +28126 2-9-11   1 Amends + 42A-7 +      2 Amends + 42A-8 +      3 Amends + 42A-10 +      4 Adds + 42A-11.1 +      5 Amends + 42A-12 +      6 Amends + 42A-13 +28127 2-9-11   1 Repeals Ch. 2. Art. XXIII, 2-155 thru + 2-156 +      2 Amends + 19-83.4(a) +28169 4-13-11   1 Amends + 15A-4.1 + Readopts +28217 5-25-11 6-16-11 1 Ch. 12, with amendments to + 12-2 +28220 6-1-11   1 Amends + 17-8.2(h)(2) +28221 6-1-11   1 Amends + 3-1 + Adds +      2 Ch. 15A, Art. III, + 15A-14 thru + 15A-17 +28239 6-8-11   1 Amends + 15A-4.1 +28241 6-22-11   1 Amends + 32-10 + Adds +28287 6-22-11 1-1-12 1 Ch. 50, Art. XI, + 50-144 thru + 50-151.3 +28335 8-24-11   1 Amends + 7-2.7 +28423 9-28-11 10-1-11 1 Amends + 13-28.3 +      2 Amends + 27-32 + Amends +28424 9-28-11 10-1-11 1 Ch. 2, Art. V-c, + 2-48 thru 2-49 +      2 Amends + 2-62 +      3 Amends + 2-72 + Amends +      4 Ch. 2, Art. VIII-a, Div. 1, + 2-81 thru + 2-85 + Adds +      5 Ch. 2, Art. XV-c, + 2-135.4 thru + 2-135.5 +      6 Amends + 2-139.2 +      7 Amends + 19-113 +      8 Amends + 28-24 +      9 Amends + 28-29 +      10 Amends + 28-130.7 +      11 Amends + 28-130.12 +      12 Amends + 28-156 +      13 Amends + 28-194 +      14 Amends 28-203(4) +      15 Amends + 29A-5(c) +      16 Amends + 30-2 +      17 Amends + 34-2(b) + Amends +      18 Ch. 36, Art. II, + 36-43 thru 36-54 +      19 Amends + 39-4 +      20 Amends + 42A-7(c) +      21 Amends + 43-121(c) +      22 Amends + 43-126.5(d) +      23 Amends + 43-135(7) +28425 9-28-11   1 Amends + 34-22(t)(1) +      2 Amends + 34-36(b)(16) +      3 Amends + 34-37(d)(2) +28426 9-28-11 10-1-11 1 Amends + 49-18.1 +      2 Amends + 49-18.2 +      3 Amends + 49-18.4 +      4 Amends + 49-18.5 +      5 Amends + 49-18.9 +      6 Amends + 49-18.16(a) +28444 10-26-11   1 Amends + 6-4(g) +28456 11-7-11   1 Amends + 5A-15 + Amends +28461 11-7-11   1 Ch. 19, Art. IX, + 19-118 thru + 19-118.8 +28488 12-14-11   1 Amends + 17-2.2(d)(1) + Amends +      2 Ch. 17, Art. VIII, + 17-8.1 thru + 17-8.2 +      3 Amends + 17-10.2(e) +      4 Amends + 17-10.2(s) +28512 12-14-11   1 Amends + 44-57 +28565 2-22-12   1 Amends + 6-4(f) +28583 3-28-12   1 Amends + 28-45(a) +28622 4-18-12 4-23-12 1 Amends + 49-1 +      2 Amends + 49-21.1 + Readopts +28639 4-25-12 5-1-12 1 31-33, with amendment to + 31-33(f) + Adds +28654 5-23-12 6-25-12 1 Ch. 28, Art. XX, + 28-220 thru + 28-234 + Readopts +28670 5-23-12 6-16-12 1 Ch. 12, with amendments to + 12-2 + Amends +28684 6-27-12   1 Ch. 2, Art. III, Div. 1, + 2-21 thru + 2-26.3 +28705 6-27-12 9-15-12 1 Amends + 2-27 +      2 Amends + 2-30 +      3 Amends + 2-31 +      4 Amends + 2-32 +      5 Amends + 2-33 + Amends +      6 Ch. 2, Art. VIII-a, + 2-81 thru 2-94 + Adds +28706 6-27-12 10-1-12 1 Ch. 8A, + 8A-1 thru + 8A-40 + Amends +      2 Ch. 33, + 33-1 thru + 33-8 +28739 8-8-12   1 Amends + 40A-1(21) +      2 Amends + 40A-9 +      3 Amends + 40A-12 +      4 Amends + 40A-26 +      5 Amends + 40A-33 +28792 9-19-12 10-1-12 1 Adds + 24-4(j) +      2 Amends + 28-104 +      3 Amends + 28-106 +      4 Amends + 28-107 +      5 Amends + 28-108 +      6 Amends + 28-109 +      7 Adds + 28-114 +      8 Amends + 28-114.2(b) +28794 9-19-12   1 Amends + 34-4(32) +      2 Amends + 34-25(a) +      3 Amends + 34-36(b)(12) +28795 9-19-12 10-1-12 1 Amends + 49-18.1 +      2 Amends + 49-18.2 +      3 Amends + 49-18.3 +      4 Amends + 49-18.4 +      5 Amends + 49-18.5 +      6 Amends + 49-18.7(a) +      7 Amends + 49-18.7(b) +      8 Amends + 49-18.9 +      9 Amends + 49-18.12 +28799 9-26-12   1 Amends + 6-4(g) +28831 10-24-12   1 Amends + 28-103(a) + Renumbers +      2 28-114.1(n) thru (o) as + 28-114.1(o) thru (p); adds new + 28-114.1(n) +      3 Amends + 28-114.1(o) +      4 Adds + 28-114.1(q) +28833 11-14-12   1 Amends + 5A-15 + Adds +28870 12-12-12   1 Ch. 28, Art. VI, Div. 5, + 28-58.1 thru + 28-58.2 +28871 1-9-13   1 Amends + 28-44 +      2 Amends + 28-45(a) +      3 Amends + 28-45(b) +      4 Amends + 28-50(c) +      5 Amends + 28-59 +      6 Amends + 28-60 +28940 3-27-13   1 Amends + 28-50(c) +      2 Amends + 28-59 +      3 Amends + 28-60 +28953 3-27-13   1 Amends Ch. 29, Art. IV, 29-25 thru 29- + 30 + Amends +29016 5-22-13 5-31-13 1 Ch. 29A, + 29A-1 thru + 29A-15 +      2 Amends + 42A-2 +      3 Amends + 42A-3(b) +      4 Amends + 42A-4(b) +      5 Amends + 42A-5 +      6 Amends + 42A-8 +      7 Amends + 42A-13 +      8 Repeals Ch. 29, 29-1 thru 29-32 + Amends +29023 6-12-13 10-1-13 1 Ch. 50, Art. XII, + 50-152 thru + 50-172 + Readopts Ch. 12, with amendments to + 12-1, + 12-2, +29036 6-12-13 6-16-13 1 12-8, + 12-14, + 12-18, + 12-19 +29039 6-12-13 6-17-13 1 Amends + 18-11(c) +29070 8-14-13 9-30-13 1 Adds + 31-13.1 +29071 8-14-13   1 Amends + 28-50(c) +      2 Amends + 28-59 +      3 Amends + 28-60 + Adds +29102 8-28-13   1 Ch. 32, Art. II, Div. 1, + 32-11.5 thru + 32-20 + Adds +      2 Ch. 32, Art. II, Div. 2, + 32-21 thru + 32-28.3 +29149 9-18-13 10-1-13 1 Amends + 13-28.3 +      2 Amends + 18-9(c)(1) +      3 Amends + 18-9(c)(2) +      4 Amends + 24-4 +29150 9-18-13 10-1-13 1 Amends + 49-18.1 +      2 Amends + 49-18.2 +      3 Amends + 49-18.4 +      4 Amends + 49-18.5 +      5 Amends + 49-18.7(a) +      6 Amends + 49-18.7(b) +      7 Amends + 49-18.9 +      8 Amends + 49-18.12 +29177 10-23-13 10-28-13 1 Amends + 17-2.2(c)(6) +      2 Amends + 17-2.2(d)(5) +      3 Amends + 17-10.2(d)(2) +      4 Amends + 17-10.2(e)(1) +      5 Amends + 17-10.2(f)(4) +      6 Amends + 17-10.2(g) +      7 Amends + 17-10.2(h)(2) +      8 Amends + 17-10.2(i)(1) +      9 Amends + 17-10.2(j)(1) +      10 Amends + 17-10.2(l)(1) +      11 Amends + 17-10.2(s)(1) +29208 12-11-13   1 Corrects + 6-4(g)(1)(F) +29244 1-22-14 1-27-14 1 Amends + 28-158.1 + Amends +29245 1-22-14 4-22-14 1 Ch. 42, + 42-1 thru + 42-15 +29246 1-22-14   1 Amends + 28-50(c) +      2 Amends + 28-59 +      3 Amends + 28-60 +29261 1-22-14   1 Amends + 6-4(g)(5) +29306 3-26-14   1 Amends + 27-31 +      2 Amends + 27-38(b) +      3 Amends + 27-44 +29307 3-26-14 1-1-15 1 Adds Ch. 9C, 9C-1 thru 9C-7 +29320 4-23-14   1 Amends + 34-24.1 +29358 5-28-14   1 Amends + 12-2 +29373 6-11-14   1 Amends + 9-2 +      2 Amends + 9-3 +      3 Amends + 9-7(a)(4) +      4 Amends + 9-8 +      5 Amends + 9-9 +29394 8-6-14   1 Amends + 13-5.2 +29395 8-13-14   1 Amends + 28-50(c) +      2 Amends + 28-60(b) +29403 8-13-14   1 Retitles and amends + Ch. 2, Art. XXIV +      2 Amends + 7-2.5 +      3 Amends + 7-2.7(b) +      4 Amends + 7-5.3 +      5 Amends + 7-5.4 +      6 Amends + 7-8.1(h) +      7 Adds + 7-8.1(i) +      8 Adds + 7-8.4 +      9 Adds + 27-3(6.1) +      10 Retitles + Ch. 27, Art. IV-b +      11 Amends + 27-16.12 +      12 Amends + 27-16.16(b) +      13 Amends + 27-16.18(g) +      14 Amends + 27-16.18(i) +      15 Amends + 27-16.21(b) +29437 9-10-14 10-10-14   Amends + Ch. 16 +29477 9-17-14 10-1-14 1 Amends + 2-26.2(a) +      2 Amends + 2-26.2(g)(1) +      3 Amends + 5A-5.1(b) +      4 Amends + 5A-8(b) +      5 Amends + 6A-5 +      6 Amends + 9A-4 +      7 Amends + 14-4(a) +      8 Amends + 18-9(c)(1) +      9 Amends + 18-9(c)(2) +      10 Amends + 18-11(c)(4) +      11 Amends + 41A-6(a) +      12 Amends Ch. 52, 303.5.3 +29478 9-17-14 10-1-14 1 Amends + 2-37.2 +      2 Amends + 2-42(a) +      3 Amends + Ch. 2, Art. V-e +      4 Amends + 2-135.3 +      5 Amends + 39A-2(b) +      6 Amends + 39A-4(k) +      7 Amends + 39A-5(u) +      8 Amends + 43-121(c) +      9 Amends + 43-126.5(d) +29479 9-17-14 10-1-14 1 Amends + 49-18.1(c) +      2 Amends + 49-18.1(f)(1) +      3 Amends + 49-18.1(g) +      4 Amends + 49-18.1(i) +      5 Amends + 49-18.2(c) +      6 Amends + 49-18.4(b) +      7 Amends + 49-18.4(e) +      8 Amends + 49-18.4(f) +      9 Amends + 49-18.5(a) +      10 Amends + 49-18.5(b) +      11 Amends + 49-18.9 +      12 Amends + 49-18.12 +29480 9-24-14   1 Amends + 34-4 +      2 Amends + 34-22(o) +      3 Amends + 34-23(m) +      4 Amends + 34-24(b) +      5 Amends + 34-25(f) +      6 Amends + 34-27(a) +      7 Amends + 34-28(d) +      8 Amends + 34-35 +      9 Amends + 34-38(c) +      10 Amends + 34-38(i) +      11 Amends + 34-39 +      12 Amends + 34-40(c) +      13 Amends + 34-43(a) +29491 10-8-14   1 Amends + 28-59 + Amends +29543 11-12-14   1 Ch. 28, Art. XIV, + 28-158.1 +29544 11-12-14   1 Amends + 15D-1 +      2 Amends + 15D-4 +      3 Amends title of + Ch. 15D, Art. I, Div. 2 +      4 Adds + 15D-5.1 +29595 12-10-14   1 Amends + 17-1.6 +29596 12-10-14 4-30-15 1 Amends Ch. 5, Art. II, 5-57 thru 5-63 +      2 Repeals Ch. 10 +      3 Repeals Ch. 10A +      4 Repeals Ch. 10B +      5 Repeals Ch. 45 + Adds +      6 Ch. 47A, + 47A-1.1 thru + 47A-4.7 +29613 1-28-15   1 Amends + 28-45(a) +      2 Amends + 28-50(c) +29618 1-28-15   1 Amends + 27-16.16(b) +      2 Amends + 27-16.18(g) +      3 Amends + 27-16.21(b) +      4 Amends + 27-16.23(b) +      5 Amends + 49-2(b) +      6 Amends + 49-2(e) +29644 2-18-15   1 Amends + 40A-1(42) +29645 2-25-15   1 Amends + 2-1 +      2 Amends + 2-95(c) +      3 Amends + 2-126(b) +      4 Amends + 2-130(b) +      5 Amends + 2-140(b) +      6 Amends + 2-150(b) +      7 Amends + 2-157(b) +      8 Amends + 2-161(b) +      9 Amends + 6A-5 +      10 Amends + 12A-10(b) +      11 Amends + 12A-12 +      12 Amends + 12A-24(b) +      13 Amends + 13-5.1(b) +      14 Amends + 13-35 +      15 Amends + 24-7(b) +      16 Amends 28-218(b) +      17 Amends + 37-27 +      18 Amends + 37-31(c) +      19 Amends + 37A-7(a) +      20 Amends + 49-56(h)(4) +      21 Amends + 49-62(e) +29660 2-25-15   1 Amends + 12A-25 +      2 Amends + 12A-26 +      3 Amends + 12A-27(a) +      4 Amends + 12A-28(a) +      5 Amends + 12A-29(a) +      6 Amends + 12A-32 +      7 Amends + 12A-38 +      8 Adds + 12A-40.1 +      9 Adds + 12A-43 + Adds +29663 2-25-15 3-1-15 1 Ch. 15A, Art. I-a, + 15A-7.1 thru + 15A-7.2 +      2 Amends + 15A-8 +      3 Amends + 15A-9 +      4 Adds + 15A-9.1 +      5 Amends + 15A-10(a) +      6 Amends + 15A-11(a) +          +  +Ordinance Number Specified Passage Effective Date Ordinance City Code Section + Date Section +Ordinance Number Specified Passage Effective Date Ordinance City Code Section + Date Section +29691 3-25-15   1 Amends + 29A-5(a) +      2 Amends + 29A-5(e) +      3 Amends + 29A-6(1) +      4 Amends + 29A-8(a) +      5 Amends + 29A-11(a) +      6 Amends + 29A-11(d) +29706 4-8-15 4-30-15 1 Amends + 47A-1.6 +      2 Amends + 47A-2.1.2 +      3 Amends + 47A-2.2.4 +      4 Amends + 47A-2.2.8 +      5 Amends + 47A-2.3.2 +29721 4-22-15 4-30-15 1 Amends 5-58(2) +      2 Amends 5-58(3) +      3 Amends 5-58(7) +      4 Amends 5-61 +      5 Amends 5-62(a) +      6 Amends 5-63 +29753 5-27-15   1 Amends + 8A-2(4) +      2 Amends + 8A-2(6) +      3 Amends + 8A-2(8) +      4 Amends + 8A-2(12) +      5 Amends + 8A-2(13) +      6 Amends + 8A-2(15) +      7 Amends + 8A-2(16) +      8 Adds + 8A-2(17.1) +      9 Amends + 8A-2(18) +      10 Adds + 8A-2(18.1) +      11 Amends + 8A-2(19) +      12 Adds + 8A-2(22) +      13 Amends + 8A-4(b) +      14 Amends + 8A-5 +      15 Amends + 8A-6 +      16 Amends + 8A-7 +      17 Amends + 8A-8 +      18 Amends + 8A-9 +      19 Amends + 8A-10(a) +      20 Amends + 8A-10(b) +      21 Amends + 8A-10(c) +      22 Amends + 8A-11 +      23 Amends + 8A-12 +      24 Amends + 8A-13 +      25 Amends + 8A-15(b) +      26 Amends + 8A-16 +      27 Amends + 8A-19(b)(3) +      28 Amends + 8A-19(c) +      29 Amends + 8A-19(d)(2) +      30 Amends + 8A-19(d)(6) +      31 Amends + 8A-19(d)(7) +      32 Amends + 8A-19(d)(8) +      33 Adds + 8A-21.1 +      34 Amends + 8A-22(b) +      35 Adds + 8A-22(e)(5) +      36 Amends + 8A-23(b) +      37 Amends + 8A-23(e)(1) +      38 Amends + 8A-23(e)(4) +      39 Amends + 8A-24(a) +      40 Amends + 8A-33(a) +      41 Amends + 8A-33(c)(1) +      42 Amends + 8A-34(b) +      43 Amends + 8A-34(c) +      44 Amends + 8A-34(d) +      45 Amends + 8A-34(f) +      46 Amends + 8A-34(g)(2) +      47 Amends + 8A-34(i) +      48 Amends + 8A-34(j) +      49 Adds + 8A-34(n) +      50 Amends + 8A-35(f) +      51 Amends + 8A-36 +      52 Amends + 8A-37 +      53 Amends + 8A-38 +      54 Amends + 8A-39(a) +      55 Amends + 8A-39(b) +      56 Amends + 8A-40 +      57 Amends + 27-31 +29754 6-3-15   1 Repeals Ch. 9C +29770 6-10-15   1 Amends + 12A-26(a)(8) +      2 Amends + 12A-26(g) +29879 9-22-15 10-1-15 1 Amends + 5A-3 +      2 Repeals 5A-5.1 +      3 Amends + 5A-8(b) +      4 Amends + 5A-14(a) +      5 Amends + 7-2.6(a) +      6 Amends + 7-4.11(c) +      7 Amends + 7-6.2(e) +      8 Amends + 15D-5(b) +    sec. 12: 4-1-16 9-14 Amends + Ch. 16 +      15 Amends + 18-2(41) +      16 Amends + 18-3(a) +      17 Amends + 18-3(b) +      18 Amends + 18-9 +      19 Amends + 18-57 +      20 Amends + 27-32(a) +      21 Amends + 27-42(c) +      22 Amends + 27-42(e) +      23 Amends 27-62(a) +      24 Amends 27-72(c) +      25 Amends + 43A-3 +      26 Amends + 43A-17(c) +      27 Amends + 43A-18(b) +      28 Amends + 48B-8(a) +      29 Amends + 49-18.1(c) +      30 Amends + 49-18.1(f)(1) +      31 Amends + 49-18.1(g) +      32 Amends + 49-18.1(i) +      33 Amends + 49-18.2 +      34 Amends + 49-18.4(b) +      35 Amends + 49-18.4(e) +      36 Amends + 49-18.4(f) +      37 Amends + 49-18.5(a) +      38 Amends + 49-18.5(b) +      39 Amends + 49-18.7(a) +      40 Amends + 49-18.7(b) +      41 Amends + 49-18.9 +      42 Amends + 50-82 +      43 Amends + 50-101 +      44 Amends + 50-116 +      45 Amends + 50-137(a) +      46 Amends + 50-149(a) +29880 9-22-15   1 Amends + 44-35 +29881 9-22-15 10-1-15 1 Amends + 2-139 +      2 Amends + 18-1 +      3 Amends + 18-2(44) +29882 9-22-15 10-1-15 1 Amends + Ch. 2, Art. V-e +      2 Amends + 43-121(c) +      3 Amends + 43-126.5(d) +29883 9-22-15   1 Amends + 34-9 +      2 Amends + 34-22 +      3 Amends + 34-23 +      4 Amends + 34-32 +29906 10-28-15   1 Amends + 43-111 +      2 Amends + 43-112 +      3 Amends + 43-115 +      4 Amends + 43-115.1 +      5 Adds + 43-115.3 +      6 Amends + 43-116 + Amends Ch. 2, +29920 11-10-15   1 Art. XXV, + 2-159 thru + 2-160 +29942 11-10-15   1 Amends + Ch. 46 (title) +      2 Amends + 46-1 +      3 Amends + 46-4 +      4 Amends + 46-6 + Renumbers and +      5 amends + 46-6.1 +      6 Amends + 46-7 +      7 Amends + 46-10(a) + Reinstates 31-33 +29985 1-13-16 1-18-16 1 with amendment to + 31-33(f) +29986 1-13-16   1 Amends + 7-2.6(a) +29993 1-27-16 4-1-16 1 Amends + 43-137 +      2 Amends + 43-139(c) +      3 Amends + 43-139(k) +      4 Amends + 43-140.2 +      5 Amends + 43-141(f) +      6 Adds + 43-141(h) +      7 Adds + 43-141(i) +30022 2-24-16   1 Amends + 28-44 +      2 Amends + 28-45 +      3 Amends + 28-50(c) +      4 Amends + 28-59 +      5 Amends + 28-60 +30089 5-25-16   1 Amends + 2-20.1 +30090 5-25-16   1 Amends + 43A-1 +      2 Amends + 43A-2 +      3 Amends + 43A-3 +      4 Adds + 43A-3.1 +      5 Amends + 43A-6(e) +      6 Adds + 43A-9(e) +      7 Amends + 43A-11(c) +      8 Adds + 43A-15(c) +      9 Adds + 43A-16(c) +      10 Amends + 43A-19 +      11 Amends + 43A-20 +      12 Amends + 43A-21 + Adds Ch. 43A, +      13 Art. IV, + 43A-26 + Readopts Ch. 12, +30106 5-25-16   1 with amendment to + 12-2 +30134 6-22-16 7-1-16 1 Amends + 17-1.1 +      2 Amends + 17-1.5 +      3 Amends + 17-1.6(a) +      4 Amends + 17-2.1 +      5 Amends + 17-2.2(b) +      6 Amends + 17-2.2(c) +      7 Deletes + 17-2.2(d) +      8 Amends + 17-3.1 +      9 Amends + 17-3.2 +      10 Amends + 17-4.1 +      11 Amends + 17-4.2(c) +      12 Amends + 17-5.1 +      13 Amends + 17-5.2(c) +      14 Adds + 17-5.2(e) +      15 Amends + 17-6.1 +      16 Amends + 17-6.2(b) +      17 Amends + 17-6.2(c)(2) +      18 Adds + 17-6.2(d), (e) +      19 Amends + 17-7.1 +      20 Amends + 17-8.1 +      21 Amends + 17-8.2(b) +      22 Amends + 17-8.2(c)(1)(E) +      23 Amends + 17-8.2(g) +      24 Amends + 17-8.2(h)(1)A) +      25 Amends + 17-8.2(i)(4)(M) +      26 Amends + 17-9.1 +      27 Amends + 17-9.2 +      28 Amends + 17-10.1 +      29 Amends + 17-10.2(i)(2) +      30 Deletes + 17-10.2(c)(8) +      31 Amends + 17-10.2(k) +      32 Amends + 17-10.2(s) +      33 Amends + 17-11.2 +      34 Amends + 17-12.1 +      35 Amends + 17-13.1 + Adds Ch. 17, Art. +      36 XIV, + 17-14.1 thru + 17-14.2 +30135 6-22-16 10-1-16 1 Amends + Ch. 16 +30136 6-22-16   1 Adds + 7A-2(14.1) +      2 Adds + 7A-3.1 +      3 Amends + 31-40 +          +  +Ordinance Number Specified Passage Effective Date Ordinance City Code Section + Date Section +Ordinance Number Specified Passage Effective Date Ordinance City Code + Date Section Section + Amends Ch. 40A, +30162 8-17-16 1-1-17 1 40A-1 thru + 40A-35 +30180 9-14-16   1 Amends + 47A-1.4 +      2 Amends + 47A-1.6 +      3 Amends + 47A-2.1.2 +      4 Amends + 47A-2.1.8 +      5 Amends + 47A-2.2.1 +      6 Amends + 47A-2.3.2 +      7 Amends + 47A-2.3.3 +      8 Amends + 47A-2.3.5 +      9 Amends + 47A-2.4.8 +      10 Amends + 47A-2.5.1(c) +      11 Amends + 47A-2.5.2(b) + Retitles +30215 9-21-16 10-1-16 1 Ch. 2, Art. + XXVIII + Amends + Ch. 2, Art. +      2 XXVIII, + 2-167 thru + 2-169 +      3 Amends + 15D-5(b)(1) +      4 Amends + 15D-9(a)(13) +      5 Amends + 15D-9.2(c) +      6 Amends + 15D-9.10 +      7 Amends + 15D-9.16 +      8 Amends + 15D-9.31(c) +      9 Amends + 15D-21(a) +      10 Amends + 15D-23(c) +      11 Amends + 15D-30 +      12 Amends + 15D-36 +      13 Amends + 15D-58(b) +      14 - 17 Amends + Ch. 16 +      18 Amends + 18-9(c) +      19 Amends + 18-11(b)(2) +      20 Amends + 18-11(c)(5) +      21 Amends + 48A-6(b)(9) +      22 Amends + 48A-8(c) +      23 Amends + 48A-14 +      24 Amends + 48A-20 +      25 Amends + 48A-29(i) +      26 Amends + 48C-6(b)(9) +      27 Amends + 48C-8(c) +      28 Amends + 48C-15 +      29 Amends + 48C-21 +      30 Amends + 48C-30(h) +      31 Amends + 49-18.1(c) +      32 Amends + 49-18.1(f)(1) +      33 Amends + 49-18.1(g) +      34 Amends + 49-18.1(i) +      35 Amends + 49-18.2 +      36 Amends + 49-18.4(b) +      37 Amends + 49-18.4(e) +      38 Amends + 49-18.4(f) +      39 Amends + 49-18.5(a) +      40 Amends + 49-18.5(b) +      41 Amends + 49-18.7(a) +      42 Amends + 49-18.7(b) +      43 Amends + 49-18.9 +30216 9-28-16   1 Amends + 34-4(21) +      2 Retitles + 34-17 +      3 Retitles + 34-19 +      4 Amends + 34-45(c) +30217 9-28-16   1 Amends + 28-44 +      2 Amends + 28-50(c) +      3 Amends + 28-60(b) +30236 9-28-16 1-1-17 1 Retitles + Ch. 27 +      2 Amends + 27-3 +      3 Amends + 27-3.1 +      4 Amends + 27-4 +      5 Amends + 27-5 +      6 Amends + 27-11 +      7 Amends + 27-12 +      8 Amends + 27-15 +      9 Amends + 27-15.1 +      10 Amends + 27-16 +    sec. 11: 9-28-16 11 Amends + 27-16.3(b) +    sec. 12: 9-28-16 12 Amends + 27-16.4(c) +    sec. 13: 9-28-16 13 Amends + 27-16.8(d) +    sec. 14: 9-28-16 14 Amends + 27-16.8(e)(4) +      15 Amends + 27-16.13(a) +      16 Amends + 27-16.14 +      17 Amends + 27-16.15 +      18 Amends + 27-16.16 +      19 Amends + 27-16.17(a) +      20 Amends + 27-16.18 +      21 Amends + 27-16.19(e) +      22 Amends + 27-16.19(f) +      23 Amends + 27-16.20 +      24 Amends + 27-16.22 +      25 Amends + 27-16.23 +      26 Amends + 27-24 +      27 Adds + 27-27(e) + Amends + Ch. 27, Art. +      28 VII, + 27-29 thru + 27-44.1 + Repeals Ch. 27, +      29 Art. VIII, 27-45 + thru 27-58 + Repeals Ch. 27, +      30 Art. IX, 27-59 + thru 27-72 +30239 9-28-16   1 Amends + 2-44 + Amends +      2 Ch. 2, Art. V-c, + 2-48 thru 2-49 +      3 Amends + 2-53 +      4 Amends + 2-139.1 +      5 Amends + 2-139.2 +      6 Amends + 28-24 +      7 Amends + 28-29 +      8 Amends + 28-194 +      9 Amends + 28-201(c) +      10 Amends 28-203(4) +      11 Amends + 28-130.7(e) +      12 Amends + 28-130.12(a) +      13 Amends + 29A-5(c) +      14 Amends + 30-2(8) +      15 Amends + 36-45 +      16 Amends + 39-4(a) +      17 Amends + 42A-7(c) +      18 Amends + 43-63 +      19 Amends + 43-121(c) +      20 Amends + 43-126.5(d) +      21 Amends + 43-135(7) +      22 Amends + 49-27(a) +30240 9-28-16   1 Amends + 2-72 +      2 Adds + 5-3(d) +      3 Amends + 47A-3.2(c) +30246 10-26-16   1 Amends + 20A-2 +      2 Amends + 20A-3 +      3 Amends + 20A-4 +      4 Adds + 20A-4.1 +      5 Amends + 20A-5 +      6 Amends + 20A-7(c) +      7 Amends + 20A-10(d) +30258 11-9-16 3-1-17 1 Amends + 41-1 +      2 Amends + 41-2(a) +      3 Adds + 41-2(f) +30391 3-22-17 7-1-17 1 Amends + 2-37.9 +      2 Amends + 12A-1 +      3 Adds 12A-1.1 +      4 Adds 12A-1.2 +      5 Amends + 12A-2(12) +      6 Adds + 12A-2(15.1) +      7 Adds + 12A-2(16.1) +      8 Amends + 12A-2(20) +      9 Amends + 12A-2(22) +      10 Amends + 12A-2(24) +      11 Amends + 12A-3 +      12 Retitles + 12A-4 +      13 Amends + 12A-4(b)(4)(A) +      14 Amends + 12A-4(c) +      15 Amends + 12A-4(d) +      16 Amends + 12A-5 +      17 Adds 12A-5.1 +      19 Amends + 12A-7 +      20 Amends + 12A-9 +      21 Amends + 12A-10(a) +      22 Amends + 12A-10(g) +      23 Amends + 12A-11 +      24 Amends + 12A-12(b) +      25 Adds + 12A-12(d) +      26 Adds 12A-12.1 +      27 Amends + 12A-13 +      28 Amends 12A-15.1 +      29 Amends 12A-15.3 +      30 Amends 12A-15.4 +      31 Amends 12A-15.8 + (g) +      32 Adds 12A-15.8(h) +      33 Amends 12A-15.9 + (b) +      34 Amends + 12A-18 +      35 Amends + 12A-19(a)(1) +      36 Amends + 12A-21(d) +      37 Repeals 12A-22 +      38 Amends + 12A-25(a) +      39 Amends + 12A-25(c)(6) +      40 Adds + 12A-25(d) +      41 Amends + 12A-26 +      42 Amends + 12A-27(a) +      43 Amends + 12A-28(a) +      44 Adds + 12A-30(a)(5) +      45 Amends + 12A-30(b) +      46 Adds 12A-35.1 +      47 Amends + 12A-37 +      48 Adds 12A-37.1 +      49 Adds 12A-38.1 +      50 Adds + 12A-41(c) +      51 Amends + 12A-42(a) +      52 Adds 12A-42.1 +      53 Adds + 12A-44 +      54 Adds + 12A-45 +      55 Amends + 15A-1 + Retitles +      56 Ch. 15A, Art. I- + a +      57 Amends + 15A-7.1 +      58 Amends + 15A-7.2 + Adds + Ch. 15A, Art. I- +      59 b, + 15A-7.3 thru + 15A-7.5 + Amends Ch. 2, +30431 4-12-17   1 Art. XX, + 2-147 thru + 2-149 +30472 5-24-17   1 Amends + 12B-2 +      2 Amends + 12B-3 +      3 Amends + 12B-4 +      4 Adds + 12B-5(e) +      5 Amends + 12B-6(b) +      6 Amends + 12B-7(a) +      7 Retitles Ch. + 12B, Art. III +      8 Amends + 12B-20 + Amends Ch. 2, +30483 6-14-17   1 Art. XXIII, + 2-155 thru + 2-156 +      2 Amends + 2-157(e) +      3 Amends + 7-1.1 +      4 Amends + 7-2.4 +      5 Amends + 7-2.5 +      6 Retitles + 7-3.1 +      7 Amends + 7-3.1(a) +      8 Amends + 7-4.1(b) +      9 Amends + 7-4.2 +      10 Amends + 7-4.10(b) +      11 Amends + 7-4.11 +      12 Amends + 7-4.12 +      13 Adds + 7-4.13 +      14 Amends + 7-5.4 +      15 Amends + 7-8.2 +      16 Amends + 7-8.3 +30489 6-14-17   1 Amends 12A-15.2 +      2 Amends 12A-15.7 +      3 Amends + 15A-4.1 +      4 Amends + 20A-3(13) +      5 Amends + 20A-3(22) +30555 8-9-17   1 Amends + 8-1 +      2 Amends + 8-1.1(a) +      3 Amends + 8-1.1(c) +      4 Amends + 8-1.1(d) +      5 Amends + 8-1.2(a) +      6 Amends + 8-1.4 +      7 Amends + 8-1.5 +      8 Amends + 8-2 +      9 Amends + 8-4 +      10 Amends + 8-6(a) +      11 Amends + 8-8 +      12 Amends + 8-9(a) +      13 Amends + 8-9(e) +      14 Amends + 8-20 +      15 Amends + 8-20.1 +      16 Amends + 8-21 +30620 8-23-17   1 Amends + 43-135 +      2 Amends + 43-139(c)(10) +      3 Adds + 43-139(c)(21) +      4 Adds + 43-139.1 +      5 Amends + 43-140(d)(1) + Readopts Ch. 12, +30650 9-13-17   1 with amendment + to + 12-2 +30653 9-20-17 10-1-17 1 Amends + 2-168(b) +      2 Amends + 6-10 +      3 Amends + 6A-5 +      4 Amends + 9A-4 +      5 Amends + 14-4(a) +      6 Amends + 17-2.2(6) +      7 Amends + 17-8.2(3) +      8 Amends + 17-9.2 +      9 Amends + 17-10.2(d) +      10 Amends + 17-10.2(e)(1) +      11 Amends + 17-10.2(f)(4) +      12 Amends + 17-10.2(g) +      13 Amends + 17-10.2(h) +      14 Amends + 17-10.2(i) +      15 Amends + 17-10.2(j) +      16 Amends + 17-10.2(l) +      17 Amends + 17-10.2(s) +      18 Amends + 18-9(c)(1) +      19 Amends + 18-9(c)(2) +      20 Amends + 41A-6(a) +      21 Amends + 49-18.1(c) +      22 Amends + 49-18.1(f)(1) +      23 Amends + 49-18.1(g) +      24 Amends + 49-18.1(i) +      25 Amends + 49-18.2 +      26 Amends + 49-18.4(b) +      27 Amends + 49-18.4(e) +      28 Amends + 49-18.4(f) +      29 Amends + 49-18.5(a) +      30 Amends + 49-18.5(b) +      31 Amends + 49-18.9 +30654 9-20-17 10-1-17 1 Amends + 2-27(4) +      2 Amends + 2-28 +      3 Amends + 2-37.16 + Amends ch. 2, +      4 art. V-c, + 2-48 thru + 2-49 + Amends ch. 2, +      5 art. XV-b, + 2-135.2 thru + 2-135.3 + Amends ch. 2, +      6 art. XVII-a, + 2-139.1 thru + 2-139.2 + Amends ch. 2, +      7 art. XIX, + 2-142 thru + 2-143 +      8 Amends + 12A-45(e) +      9 Amends + 28-2(a)(8) +      10 Amends + 28-24 +      11 Amends + 28-29 +      12 Amends + 28-103 +      13 Amends + 28-113 +      14 Amends + 28-114.12(a) +      15 Amends + 28-130 +      16 Amends + 28-130.2(b) +      17 Amends + 28-130.5 +      18 Amends + 28-130.12(d) +      19 Amends + 28-194 +      20 Amends + 28-201(c) +      21 Amends 28-203(4) +      22 Amends 28-204 +      23 Amends 28-208(b) +      24 Amends 28-212(b) +      25 Amends + 29A-5(c) +      26 Amends + 30-2(8) +      27 Amends + 36-45 +      28 Amends + 39-4(a) +      29 Amends + 42A-7(c) +      30 Amends + 43-63 +      31 Amends + 43-121(c) +      32 Amends + 43-126.5(d) +      33 Amends + 43-135(9) +      34 Amends + 49-27(a) +30657 9-27-17 10-1-17 1 Amends + 34-1 +      2 Adds + 34-22(u) +      3 Amends + 34-23(a) +      4 Adds + 34-23(r) +      5 Amends + 34-30(c) +      6 Adds + 34-38(k) +30675 10-25-17   1 Amends + 2-51 +      2 Amends + 2-74 +30687 11-8-17 2-1-18 1 Amends + 7-1.1 +      2 Amends + 7-3.1 +      3 Amends + 7-4.7 +30694 11-8-17   1 Amends + 39A-1 +      2 Amends + 39A-2 +      3 Amends + 39A-3 +      4 Amends + 39A-4 +      5 Amends + 39A-5 +      6 Amends + 39A-6 + Amends Ch. 27, +30714 12-13-17 [sec. 27-53 eff. 1 Art. VIII, + 2-1-18] 27-45 thru + 27-54 +30715 12-13-17   1 Amends + 15A-1 +      2 Amends + 15A-7 +30769 2-14-18   1 Amends + 13-3(a) +30789 2-28-18   1 Amends + 8-1.4(a) +      2 Amends + 8-1.4(f) +      3 Amends + 8-1.4(h) +30828 4-11-18   1 Amends + 2-17.3(a) +      2 Amends + 2-27 +      3 Amends + 2-29 +      4 Amends + 2-30(d) +      5 Amends + 2-31 +      6 Amends + 2-32 +      7 Amends + 2-33 +      8 Amends + 15B-1 +      9 Amends + 15B-3(1) +30842 4-25-18 7-1-18 1 Adds + 5-31.1 +      2 Adds 5-64 +30879 6-13-18 1-1-19 1 Amends + 18-2 +      2 Adds + 18-5.1 +      3 Amends + 18-12.1(c) + Adds Ch. 18, +      4 Art. IV-a, + 18-52 thru + 18-54 +30900 6-27-18   1 Amends + 7-2.5 +      2 Amends + 7-2.6 +30901 6-27-18   1 Adds + 7-1.1(8.1) +      2 Adds + 7-4.14 +      3 Amends + 7-5.3 +      4 Amends + 7-5.4 +      5 Amends + 7-5.5 +      6 Amends + 7-5.6(b) +      7 Amends + 7-5.6(c) +      8 Adds + 7-5.11 + Adds Ch. 7, Art. +      9 V-a, + 7-5.12 thru + 7-5.16 +      10 Amends + 7-8.1(e) +      11 Amends + 7-8.2(b) + Amends Ch. 2, +30905 6-27-18   1 Art. XIV, + 2-130 thru + 2-132 +30935 6-27-18   1 Amends + 28-41.1 +      2 Adds + 28-41.1.1 + Adds Ch. 43, +30936 6-27-18   1 Art. X, + 43-157 thru + 43-175 +30938 8-8-18   1 Amends + 17-1.5(b) +      2 Amends + 17-10.2(f) +      3 Amends + 17-10.2(h)(2) +      4 Amends + 17-10.2(l)(2) +      5 Amends + 17-10.2(s)(1) +      6 Amends + 17-10.2(s)(4) +30969 8-22-18   1 Amends + 2-17.2 +30976 9-12-18   1 Amends + 12-2 +30993 9-18-18 10-1-18 1 Amends + 2-168(b) +      2 Amends + 15D-57(a) +      3 Amends + 18-9(c)(1) +      4 Amends + 18-9(c)(2) +      5 Amends + 18-11(b)(2) +      6 Amends + 28-26(f) +      7 Amends + 49-18.1(c)(2) +      8 Amends + 49-18.1(f)(1) +      9 Amends + 49-18.1(g) +      10 Amends + 49-18.1(i) +      11 Amends + 49-18.2(c)(2) +      12 Amends + 49-18.2(c)(3) +      13 Amends + 49-18.2(c)(4) +      14 Amends + 49-18.2(c)(5) +      15 Amends + 49-18.2(f) +      16 Amends + 49-18.4(b) +      17 Amends + 49-18.4(e) +      18 Amends + 49-18.4(f) +      19 Amends + 49-18.5(a) +      20 Amends + 49-18.5(b) +      21 Amends + 49-18.5(c) +      22 Amends + 49-18.7(a) +      23 Amends + 49-18.7(b) + Amends Ch. 2, +30994 9-18-18   1 Art. V-a, + 2-43 thru + 2-44 +      2 Amends + 2-51 + Adds Ch. 2, Art. +      3 V-f, + 2-54 thru + 2-55 + Amends Ch. 2, +      4 Art. VII-b, 2-75 + thru 2-75.1 + Amends Ch. 9B, +      5 Art. II, + 9B-6 thru + 9B-9 +      6 Amends + 13-8(a) +      7 Amends + 19-113(a) +      8 Amends + 49-18.5(c) +      9 Amends + 49-18.5(d) +31048 11-28-18   1 Amends + 28-41.1 +      2 Amends + 28-41.1.1(e) +31049 11-28-18   1 Adds + 2-30(d)(8) +      2 Amends + 2-37.12(a) +      3 Amends + 2-37.12(b) +      4 Amends + 2-37.12(i) +      5 Amends + 2-47 + Amends Ch. 2, +      6 Art. VIII, 2-76 + thru 2-80 +      7 Amends + 2-102 +      8 Amends + 2-105 +      9 Retitles Ch. 2, + Art. XXVI +      10 Amends + 2-161 +      11 Amends + 2-162 +      12 Amends + 2-162.2 +      13 Adds + 2-162.3 +      14 Adds + 2-162.4 + Readopts with +31135 2-27-19 3-4-19 1 amendments + 31-33 +31142 3-27-19   1 Retitles + Ch. 20A + Classifies +      2 20A-1 thru + 20A-21 as Art. I + Adds Ch. 20A, +      3 Art. II, + 20A-22 thru + 20A-33 +31143 3-27-19   1 Amends + 6-4(f) + Repeals and +31144 3-27-19 6-1-19 1 reserves + Ch. 29A + Amends Ch. 42A, +      2 42A-1 thru 42A- + 41 + Amends Ch. 20, +31181 4-24-19 8-1-19, 8-1-21 1 20-1 thru + 20-12 + Amends Ch. 2, +31192 4-24-19 10-1-19 1 Art. XXII, + 2-153 thru + 2-154.1 + Amends Ch. 37, +      2 Art. III, + 37-31 thru + 37-38.2 +31193 5-8-19   1 Adds + 19-38 +      2 Deletes 19-38 +31209 5-22-19   1 Amends + 43-139(c)(19) +      2 Amends + 43-139(d)(8) +      3 Amends + 43-139(e) +      4 Amends + 43-139(g) +      5 Amends + 43-141(b) +      6 Amends + 43-141(h)(1) +      7 Amends + 43-141(i)(2) + Amends Ch. 24, +31215 5-22-19   1 Art. I, + 24-1 thru + 24-6.1 +31231 6-12-19   1 Amends + 18-2 +      2 Amends + 18-4(e) +    7-1-20 3 Amends + 18-4(f) +    7-1-20 4 Adds + 18-4(g) +    7-1-20 5 Adds + 18-4(h) +      6 Adds + 18-9(c)(11) +31233 6-12-19   1 Amends + 15D-15(12) +      2 Amends + 15D-53(a) +31289 8-28-19   1 Adds + 15D-4(18.1) +      2 Amends + 15D-5(c) +      3 Adds + 15D-5(e) +31313 9-11-19   1 Amends + 43-46 +      2 Amends + 43-67 +      3 Amends + 43-68(a) +      4 Amends + 43-71 +      5 Amends + 43-78 +      6 Amends + 43-94 +      7 Amends + 43-95 +      8 Amends + 43-135(22) +31332 9-18-19 10-1-19 1 Amends + 2-168(b) +      2 Amends + 6-10 +      3 Amends + 7-2.6(a) +      4 Amends + 7-2.7(a) +      5 Amends + 7-4.11(c) +      6 Amends + 7-5.5(a) +      7 Amends + 7-5.15(a) +      8 Amends + 7-6.2(e) +      9 Amends + 15D-5(b) +      10 Adds + 15D-5.1(c) +      11 Adds + 15D-5.2 +      12 - 17 Amends + Ch. 16 +    [sec. 18 eff. 7/ 18 Amends + 1/20] 18-4(h) +      19 Amends + 18-9(c)(1) +      20 Amends + 18-9(c)(2) +      21 Amends + 18-9(c)(5) +      22 Amends + 18-11(a)(5) +      23 Amends + 18-11(a)(6) +      24 Amends + 18-11(b)(2) +      25 Amends + 18-11(b)(3) +      26 Amends + 18-11(b)(4) +      27 Amends + 18-11(b)(5) +      28 Amends + 18-57 +      29 Amends + 18-62(b) +      30 Amends + 27-42(e) +      31 Amends + 43A-3(d) +      32 Amends + 43A-17(c) +      33 Amends + 43A-18(b) +      34 Adds + 44-37.2 +      35 Amends + 48B-8(a) +      36 Amends + 49-18.1(f)(1) +      37 Amends + 49-18.1(g) +      38 Amends + 49-18.1(i) +      39 Amends + 49-18.2(c)(4) +      40 Amends + 49-18.2(c)(5) +      41 Amends + 49-18.2(f) +      42 Amends + 49-18.4(b) +      43 Amends + 49-18.4(e) +      44 Amends + 49-18.4(f) +      45 Amends + 49-18.5(a) +      46 Amends + 49-18.5(b) +      47 Amends + 49-18.11 +      48 Amends + 50-82 +      49 Amends + 50-101 +      50 Amends + 50-116 +      51 Amends + 50-137(a) +      52 Amends + 50-149(a)(6) +31333 9-18-19 10/1/19 1 Amends + 2-37.12 +      2 Amends + 2-105(a) + Amends Ch. 2, +      3 Art. XVI, + 2-136 thru + 2-137 + Amends Ch. 2, +      4 Art. XXVI-a, + 2-162.1 thru + 2-162.4 +31350 10-23-19   1 Amends + 8-1 +      2 Amends + 8-6 + Amends Ch. 28, +31359 10-23-19   1 Art. XIX, 28-203 + thru 28-219 +31360 10-23-19   1 Amends + 41-1(11) +      2 Amends + 41-11(b) +      3 Amends + 41-12(c) +31375 11-13-19   1 Adds + 17-1.5(b)(7)(D) +      2 Adds + 32-10(d) +      3 Amends + 50-157(14) +      4 Adds + 50-158(d) +      5 Adds + 50-160(c) +      6 Amends + 50-169 +      7 Adds + 50-172(e) +31376 11-13-19   1 Amends + 17-10.2(i)(3) +31383 11-13-19   1 Amends + 28-41.1 +      2 Amends + 28-41.1.1(e) +31395 12-11-19 1/1/20 1 Amends + 13-18 +      2 Amends + 13-28.1 +      3 Amends + 13-28.2 +      4 Amends + 13-28.3 +      5 Deletes + 13-28.4 +31396 12-11-19 1/1/20 1 Amends + 18-11(b)(2) +31403 12-11-19   1 Amends + 9-1 +      2 Amends + 9-6 +      3 Amends + 28-159 +31479 3-25-20   1 Amends + 28-41.1 +      2 Amends + 28-41.1.1 +      3 Amends + 43-158 +      4 Amends + 43-161(d) +      5 Amends + 43-168(g) +      6 Amends + 43-168(o) +      7 Amends + 43-168(s) +      8 Amends + 43-168(t) +      9 Amends + 43-169(a) +      10 Amends + 43-169(e) +      11 Amends + 43-169(i) +      12 Amends + 43-169(l) +      13 Amends + 43-169(n) +      14 Amends + 43-169(p) +      15 Adds + 43-169(r) +      16 Adds + 43-169(s) +      17 Amends + 43-170(c) +      18 Amends + 43-170(d) +      19 Amends + 43-171 +      20 Amends + 43-172 +      21 Amends + 43-174(b) +31504 4-8-20   1 Amends + 8-1.4(a) +31505 4-8-20   1 Amends + 8-1.4(a) +      2 Adds + 8-1.4(i) +31533 5-13-20   1 Amends + 2-8 +      2 Amends + 2-9 + Amends Ch. 28, +31540 5-27-20   1 Art. XIX, + 28-203 thru + 28-219.1 +31552 6-10-20   1 Amends + 28-44 +      2 Amends + 28-50(c) +      3 Amends + 28-59 +      4 Amends + 28-60(b) +31554 6-10-20   1 Amends + 44-35(c) +31556 6-24-20   1 Deletes 5-64(f) +31557 6-24-20   1 Adds + 42A-2(25.1) +      2 Amends + 42A-6(a) +      3 Amends + 42A-12(j) +      4 Adds + 42A-12(l) +31620 9-9-20   1 Amends + 6A-1(2) +      2 Adds + 12B-21 +31647 9-9-20   1 Amends + 12-2 +31657 9-23-20 10-1-20 1 Amends + 2-168(b) +      2 Amends + 18-9(c)(1) +      3 Amends + 18-9(c)(2) +      4 Amends + 18-11(a)(6) +      5 Amends + 18-11(b)(2) +      6 Amends + 18-11(b)(3) +      7 Amends + 18-11(c)(5) +      8 Adds + 28-24.2 + Adds +      9 Ch. 28, Art. + XXI, + 28-235 +      10 Amends + 32-26 +      11 Amends + 41A-6(b) +      12 Amends + 43-126.6(a) +      13 Amends + 43-126.6(d) +      14 Amends + 49-18.1(c) +      15 Amends + 49-18.1(f)(1) +      16 Amends + 49-18.1(g) +      17 Amends + 49-18.1(i) +      18 Amends + 49-18.2(c) +      19 Amends + 49-18.2(f) +      20 Amends + 49-18.4(b) +      21 Amends + 49-18.4(e) +      22 Amends + 49-18.4(f) +      23 Amends + 49-18.5(a) +      24 Amends + 49-18.5(b) +      25 Amends + 49-18.7(a) +      26 Amends + 49-18.7(b) +      27 Amends + 49-18.9 +      28 Amends + 49-18.11 + Amends + Ch. 2, Art. VII- +31658 9-23-20 10-1-20 1 b, + 2-75, + 2-75.1 + Amends + Ch. 2, Art. XV- +      2 b, + 2-135.2, + 2-135.3 +31689 11-11-20   1 Amends + 47A-1.5(19) +      2 Amends + 47A-1.5(25) +      3 Amends + 47A-1.6 +      4 Amends + 47A-2.1.2(b) +      5 Amends + 47A-2.1.8(b) +      6 Amends + 47A-2.2.1(a) +      7 Amends + 47A-2.2.4 +      8 Amends + 47A-2.2.7(a) +      9 Amends + 47A-2.2.8 +      10 Amends + 47A-2.2.9 +      11 Amends + 47A-2.3.1 +      12 Amends + 47A-2.3.2 +      13 Amends + 47A-2.3.3 +      14 Amends + 47A-2.4.7 +      15 Amends + 47A-2.5.2(a) +      16 Amends + 47A-3.2(b) +31690 11-11-20   1 Amends ch. 5, + 5-1 thru 5-64 + Amends ch. 45, +31695 11-11-20   1 45-1 thru + 45-15 +31708 12-9-20   1 Adds + 42A-2(13.1) +      2 Adds + 42A-2(16.1) +      3 Adds + 42A-2(21.1) +      4 Adds + 42A-2(21.2) +      5 Adds + 42A-2(24.1) +      6 Adds + 42A-2(28) +      7 Amends + 42A-6 +      8 Amends + 42A-12(j) +      9 Amends + 42A-12(l) + Amends ch. 42A, +      10 art. IV, + 42A-28.1 thru + 42A-28.9 +      11 Amends + 42A-40 +31714 12-9-20   1 Amends + 28-42.1(a)(2) +      2 Amends + 28-42.1(b) +      3 Adds + 28-42.1(f) +31745 1-27-21   1 Amends + 34-2(b) +      2 Amends + 34-2(c) +      3 Amends + 34-4(5) +      4 Amends + 34-4(23) +      5 Amends + 34-4(26) +      6 Amends + 34-4(35) +      7 Adds + 34-4(35.1) +      8 Adds + 34-4(39.1) +      9 Amends + 34-4(43) +      10 Adds + 34-4(52.1) +      11 Amends + 34-5(d)(3)(B) +      12 Amends + 34-6 +      13 Amends + 34-8(b) +      14 Amends + 34-9(a)(1) +      15 Amends + 34-11(a) +      16 Amends + 34-11(h) +      17 Amends + 34-13(b) +      18 Amends + 34-13(c) +      19 Amends + 34-15(a) +      20 Amends + 34-18(a) +      21 Amends + 34-20(a) +      22 Adds + 34-20(d) +      23 Amends + 34-21(a) +      24 Amends + 34-22(i) +      25 Adds + 34-22(v) +      26 Adds + 34-22(w) +      27 Amends + 34-23(d) +      28 Amends + 34-24(a) +      29 Amends + 34-24.1 +      30 Amends + 34-27(a) +      31 Amends + 34-28(b) +      32 Amends + 34-30(c) +      33 Amends + 34-32(c) +      34 Amends + 34-35(a) +      35 Amends + 34-36(b)(3) +      36 Amends + 34-36(b)(5) +      37 Amends + 34-36(b)(7) +      38 Amends + 34-36(b)(9) +      39 Amends + 34-36(b)(12) +      40 Amends + 34-36(b)(16)(B) +      41 Amends + 34-38(b) +      42 Amends + 34-38(c)(5) +      43 Amends + 34-38(c)(15) +      44 Amends + 34-38(c)(16) +      45 Amends + 34-38(h)(5) +      46 Amends + 34-38(i)(1) +      47 Amends + 34-40(f)(2) + Adds ch. 2, art. +31746 1-27-21   1 XXIX, + 2-170, + 2-171 + Amends ch. 50, +31747 1-27-21   1 art. XI, + 50-144 thru + 50-151.7 +31770 2-10-21   1 Amends + 28-45(a) +      2 Amends + 28-50(c) +31841 4-28-21   1 Amends + 42A-12(j) +      2 Amends + 42A-12(l) + Amends ch. 2, +31847 4-28-21   1 art. XII, + 2-120 thru 2-124 +31867 5-26-21   1 Amends + 12B-2 +      2 Amends + 12B-3 +      3 Amends + 12B-4 +      4 Amends + 12B-8(d) +      5 Amends + 12B-14 +      6 Amends + 12B-19(a)(3) +      7 Adds + 12B-22 +      8 Adds + 12B-23 +31872 5-26-21   1 Amends + 1-10 +      2 Retitles + ch. 2, art. IV +      3 Amends + 2-27(15) +      4 Amends + 2-29 +      5 Amends + 2-30(d) +      6 Amends + 2-32 +      7 Amends + 2-37.4(g) +31994 9-9-21   1 Amends + 12-2 +      2 Amends + 12-11(b) +      3 Amends + 12-14(b) +      4 Amends + 12-15 +32002 9-22-21   1 Amends + 2-26.7(a) +      2 Amends + 2-26.7(c) +      3 Amends ch. 2, + art. V +        2-41, + 2-42 +      4 Amends + 2-49 +      5 Adds + 2-53(8) +      6 Amends + 2-98 +      7 Adds + 2-139.2(11) +      8 Amends + 6-4(g) +      9 Amends + 14-4(c) +      10 Amends + 41A-6(c) +      11 Amends + 43-121(c) +      12 Amends + 43-126.5(d) +      13 Amends + 43-126.16(5) +      14 Amends + 49-1(32) +32003 9-22-21 10-1-21 1 Amends + 2-168(b) +      2 Amends + 6A-5 +      3 Amends + 9A-4 +      4 Amends + 13-28.1(b) +      5 Amends + 13-28.3 +      6 Amends + 14-4(a) +      7 Amends + ch. 16 +      8 Amends + 17-2.2(c)(6) +      9 Amends + 17-10.2(d)(2) +      10 Amends + 17-10.2(e)(1) +      11 Amends + 17-10.2(f)(4) +      12 Amends + 17-10.2(g) +      13 Amends + 17-10.2(h)(2) +      14 Amends + 17-10.2(h)(3) +      15 Amends + 17-10.2(i) +      16 Amends + 17-10.2(l)(1) +      17 Amends + 17-10.2(s)(1) +      18 Amends + 18-9(c)(1) +      19 Amends + 18-9(c)(2) +      20 Amends + 18-9(c)(3) +      21 Amends + 18-9(c)(4) +      22 Amends + 18-9(c)(10) +      23 Amends + 18-11(a)(5) +      24 Amends + 18-11(a)(6) +      25 Amends + 18-11(b)(2) +      26 Amends + 18-11(b)(3) +      27 Amends + 18-11(c)(2) +      28 Amends + 41A-6(a) +      29 Amends + 49-18.1(c) +      30 Amends + 49-18.1(f)(1) +      31 Amends + 49-18.1(g) +      32 Amends + 49-18.1(i) +      33 Amends + 49-18.2(c)(1) +      34 Amends + 49-18.3(b) +      35 Amends + 49-18.4(b) +      36 Amends + 49-18.4(e) +      37 Amends + 49-18.4(f) +      38 Amends + 49-18.5(a) +      39 Amends + 49-18.5(b) +      40 Amends + 49-18.7(a) +      41 Amends + 49-18.7(b) +      42 Amends + 49-18.9 +      43 Amends + 49-18.11 +      44 Amends + 49-18.12 +32004 9-22-21   1 Amends + 34-32(c) +32005 9-22-21   1 Amends + 34-25(a) +      2 Amends + 34-25(c) +      3 Amends + 34-25(g) +      4 Amends + 34-25(h) +32017 10-13-21   1 Amends + 42A-12(j) +      2 Amends + 42A-12(l) +32020 10-13-21   1 Amends + 24-3(c)(2) +32035 10-27-21   1 Amends + 34-4(35) +      2 Adds + 34-22.2 +      3 Adds + 34-22.3 +      4 Adds + 34-22.4 +      5 Adds + 34-24.2 + Amends ch. 27, +32057 12-8-21   1 art. VIII, + 27-45 thru 27-58 +32058 12-8-21   1 Amends + 27-30(d) +      2 Amends + 27-30(f) +      3 Amends + 27-30(g) +      4 Amends + 27-31 +      5 Amends + 27-32 +      6 Amends + 27-38(a) +      7 Amends + 27-42 +32069 12-8-21   1 Amends + 28-50(c) + Amends ch. 2, +32070 12-8-21   1 art. XXI-a, + 2-152.1 thru + 2-152.4 + Amends ch. 12A, +32072 12-8-21   1 12A-1 thru + 12A-62 +32125 1-26-22   1 Amends + 41A-9 +      2 Adds + 41A-14.3 +      3 Amends + 41A-16(a) +      4 Amends + 41A-17(a) +      5 Amends + 41A-20.1 +32145 2-23-22   1 Amends + ch. 48B (title) +      2 Amends + 48B-1 +      3 Amends + 48B-2 + Amends +      4 ch. 48B, art. II + (title) +      5 Amends + 48B-6(a) +      6 Amends + 48B-7(a) +      7 Amends + 48B-8(a) +      8 Amends + 48B-9(a) +      9 Amends + 48B-10(a) +      10 Amends + 48B-12(a) +      11 Amends + 48B-13 + Amends +      12 ch. 48B, art. + III (title) +      13 Amends + 48B-15 +      14 Amends + 48B-17(a) + Adds + ch. 48B, art. +      15 IV, + 48B-18 thru + 48B-28 +32148 2-23-22   1 Corrects + 17-10.2(i)(3) + Re-adopts and +32154 2-23-22 3-5-22 1 amends + 31-33 +32157 3-9-22   1 Amends + 20A-2 +      2 Adds + 20A-3(21.1) +      3 Amends + 20A-8(c) +      4 Amends + 20A-14(a) +      5 Amends + 20A-15(a) +32158 3-9-22   1 Amends + 34-22.3 +32168 4-13-22   1 Amends + 8A-40(d) +32180 4-27-22   1 Amends + 47A-1.5 +      2 Amends + 47A-1.6(a) +      3 Amends + 47A-2.1.2(b) +      4 Amends + 47A-2.4.11 +      5 Amends + 47A-4.6 +32181 4-27-22   1 Amends + 17-1.5(b) +      2 Amends + 17-3.2(e)(2) +      3 Amends + 17-6.2(b)(2) + Amends ch. 17, +      4 art. VIII, + 17-8.1 thru + 17-8.2 +      5 Amends + 17-10.2(c)(1) +      6 Amends + 17-10.2(c)(9) +      7 Amends + 17-10.2(d)(2) +      8 Amends + 17-10.2(e)(1) +      9 Amends + 17-10.2(g) +      10 Amends + 17-10.2(r)(6) +      11 Amends + 17-10.2(s)(1) +      12 Amends + 17-10.2(s)(8) +32194 5-11-22 11-11-22 1 Amends + 7-4.2(b) +      2 Amends + 7-4.5 +      3 Amends + 7-4.10(b) +      4 Amends + 7-8.1(e) +32195 5-11-22   1 Amends + 20A-4.1 +      2 Amends + 20A-5(h) + Amends ch. 20A, +      3 art. II, + 20A-22 thru + 20A-34 + Amends ch. 2, +32211 5-25-22   1 art. VIII, + 2-76 thru 2-80 +32213 5-25-22   1 Amends + 42A-22 +      2 Amends + 42A-28.2(a)(2) +32232 6-22-22   1 Amends + 17-10.2(d) +      2 Amends + 17-10.2(g)(2)(A) +32235 6-22-22   1 Amends + 28-41.1.1 + Amends ch. 43, +32236 6-22-22   1 art. X, + 43-157 thru + 43-175 +32239 6-22-22   1 Amends + 27-46(3) + Adds ch. 38A, +      2 38A-1 thru + 38A-10 +32265 8-10-22   1 Adds + 15D-15(9.1) + Amends +      2 15D-15(29) thru + (41) +      3 Deletes + 15D-15(30) +      4 Amends + 15D-16 +      5 Amends + 15D-17(b) +      6 Amends + 15D-21(a) +      7 Amends + 15D-22(a) +      8 Amends + 15D-50 +      9 Amends + 15D-52(a) +      10 Amends + 15D-53 +      11 Amends + 15D-55 +      12 Amends + 15D-56 +32291 9-14-22   1 Amends + 28-44 +      2 Amends + 28-50(c) +      3 Amends + 28-60(b) +      4 Amends + 28-81.1(a) +32310 9-28-22 10-1-22 1 Amends + 2-26.2(a) +      2 Amends + 2-26.2(f) +      3 Amends + 2-168(b) +      4 Amends + 5A-8(b) +      5 Amends + 17-10.2(d) +      6 Amends + 17-10.2(e)(1) +      7 Amends + 17-10.2(g) +      8 Amends + 18-3(a)(3)(F) +      9 Amends + 18-4(g)(4) +      10 Amends + 18-9(b)(7)(D) +      11 Amends + 18-9(c) +      12 Amends + 18-11(a)(5) +      13 Amends + 18-11(a)(6) +      14 Amends + 18-11(b) +      15 Amends + 20A-34 +      16 Amends + 27-53 +      17 Amends + 49-18.1(c) +      18 Amends + 49-18.1(f)(1) +      19 Amends + 49-18.1(g) +      20 Amends + 49-18.1(i) +      21 Amends + 49-18.2(c) +      22 Amends + 49-18.2(f) +      23 Amends + 49-18.4(b) +      24 Amends + 49-18.4(e) +      25 Amends + 49-18.4(f) +      26 Amends + 49-18.5(a) +      27 Amends + 49-18.5(b) +      28 Amends + 49-18.9 +32329 10-26-22   1 Amends + 27-46(3) +      2 Amends + 27-53 +32330 10-26-22   1 Amends + 13-10 +32333 10-26-22   1 Adds + 28-61.1 +32334 10-26-22   1 Amends + 18-55 +      2 Amends + 18-56(b) +      3 Amends + 18-58 +      4 Amends + 18-59 +      5 Adds + 18-61.1 +      6 Adds + 18-61.2 +      7 Adds + 18-61.3 +      8 Amends + 18-62(a) +      9 Adds + 18-65.1 +      10 Amends + 18-66(a) +32342 11-9-22   1 Amends + 34-9(a) +32344 11-9-22   2 Amends + 34-25(b) +32362 12-14-22   1 Amends + ch. 27, art. V +      1 Amends + 15D-57(a) +      2 Amends + 28-4(b) +32363 12-14-22 1-1-23 1 Amends + 44-48 +      2 Amends + 44-49(c) +      3 Amends + 44-50 +      4 Amends + 44-52(b) +32397 2-22-23   1 Amends + 8A-4(a) +      2 Amends + 8A-6(a) +      3 Amends + 8A-8 +      4 Amends + 8A-9 +      5 Amends + 8A-11(a) +      6 Amends + 8A-14 +      7 Adds + 8A-16(6) +      8 Amends + 8A-18 +      9 Amends + 8A-27 +      10 Adds + 8A-40(k) +      11 Adds + 8A-41 + Amends ch. 32, +32407 3-8-23   1 art. IV, + 32-32 thru + 32-54 +32466 5-24-23   1 Amends + 2-120(g) +32467 6-14-23   1 Amends + 47A-2.3.3(a) +      2 Amends + 47A-2.4.8(f) +      3 Amends + 47A-2.4.9(a) +32470 6-14-23   1 Adds + 28-2(4.2) +      2 Amends + 28-2(14) +      3 Adds + 28-2(18.1) +      4 Adds + 28-2(20.1) +      5 Amends + 28-4 +      6 Amends + 28-5.1 +      7 Amends + 28-19 +      8 Amends + 28-76.2 +      9 Amends + 28-81.1(a) +      10 Retitles + 28-88 +      11 Adds + 28-88(c) +      12 Amends + 28-129 + Amends +32472 6-14-23   1 ch. 12A, + 12A-1 thru + 12A-64 +32473 6-14-23   1 Amends + 27-30(g) + Adds +      2 ch. 42B, + 42B-1 thru + 42B-16 + Adds +32484 6-28-23   1 ch. 2, art. XXX, + 2-172 thru + 2-174 +32485 6-28-23   1 Retitles + ch. 42A, art. IV +      2 Amends + 42A-28.2(a) +      3 Amends + 42A-28.3(d) +32488 6-28-23   1 Amends + 28-44 +      2 Amends + 28-50(c) +      3 Amends + 28-60(b) +      4 Amends + 28-114.2(b) +      5 Amends + 28-193(3) +32556 9-20-23 10-1-23 1 Amends + 2-168(b) +      2 Amends + 7-2.7(a) +      3 Amends + 7-4.11(c) +      4 Amends + 7-5.5(a) +      5 Amends + 7-5.15(a) +      6 Amends + 8A-8(a) +      7 Amends + 8A-20(e) +      8 Amends + 12B-6(c) +      9 Amends + 12B-13 +      10 Amends + 15D-5(b) +      17 Amends + 18-9(c) +      18 Amends + 18-11 +      19 Amends + 18-57 +      20 Amends + 27-31(e) +      21 Amends + 27-42(d) +      22 Amends + 27-42(f) +      23 Amends + 42B-5 +      24 Amends + 43A-18(b) +      25 Amends + 48B-21 +      26 Amends + 49-18.1(c) +      27 Amends + 49-18.1(f)(1) +      28 Amends + 49-18.1(g) +      29 Amends + 49-18.1(i) +      30 Amends + 49-18.2(c) +      31 Amends + 49-18.2(f) +      32 Amends + 49-18.4(b) +      33 Amends + 49-18.4(e) +      34 Amends + 49-18.4(f) +      35 Amends + 49-18.5(a) +      36 Amends + 49-18.5(b) +      37 Amends + 49-18.7(a) +      38 Amends + 49-18.7(b) +      39 Amends + 49-18.9 +      40 Amends + 50-82 +      41 Amends + 50-101 +      42 Amends + 50-116 +      43 Amends + 50-137 +      44 Amends + 50-149(a) +32557 9-20-23   1 Amends + 2-53 + Adds + ch. 2, art. +      2 XXXI, + 2-175 thru + 2-177 +      3 Amends + 9B-6 +      4 Amends + 9B-7 +      5 Amends + 13-7 +      6 Amends + 13-8(a) +      7 Amends + 13-9 +      8 Amends + 13-10 +      9 Amends + 13-11 +      10 Amends + 28-130(a) +      11 Amends + 28-130.7(e) +      12 Amends + 28-130.12(a) +          +  +  +